BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

FEBRUARY 9, 2010

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, February 9, 2010, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Bob Dallari (District 1)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Mike McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Acting County Manager Joe Forte

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Pastor Rico Sharp, Spirit of Truth Worship Ministries, Lake Mary, gave the Invocation.

     Commissioner McLean led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

     Joel Abel, Leisure Services Director, addressed the Board to present the National Agency Accreditation for Seminole County Leisure Services from the Commission on Accreditation of Park & Recreation Agency (CAPRA).  He displayed a PowerPoint Presentation (not received and filed) and stated he would like to walk the Board through what the process and accreditation is about.  He began his presentation by reviewing an Overview of the Agency Accreditation and who is CAPRA.  He showed videos of Jim Cregge, Commissioner, Alpharetta Recreation and Parks of Georgia; Steven Neu, Director, Bismarth Parks & Recreation District, Maryland; and Jeffery Jefferson, Division Manager, Houston Parks & Recreation, Texas, speaking on the value of the Accreditation Agency.  He reviewed Accreditation Standard Categories; the Benefits of Accreditation; and the Process of Accreditation.  He stated the accreditation was made possible by the following partners in excellence:  U.S. Tennis Association of Florida, Musco Lighting and XCellegent.  Jim Cregge, Commissioner, Alpharetta Recreation and Parks of Georgia, encouraged any agency to make an effort to go with accreditation.  He concluded by stating Seminole County became one of 89 agencies that became CAPRA accredited. 

     Commissioner Henley stated when staff first came with the suggestion going for accreditation, he was a little apprehensive because of his past experience dealing with accredited agencies. 

Upon inquiry by Commissioner Henley, Mr. Abel explained how much it is going to cost the County to be able to maintain these standards. 

     Robert McMillan, County Attorney, left the meeting at this time.

      Commissioner Henley stated the other thing that concerns him is that the categories refer to facility and land use management, acquisition of parks and recreation lands, and developing those lands; and he would like to know if the standards spell out how much land they should have based upon the population, or do they evaluate solely on what they presently have.

     Mr. Abel advised the evaluation process is not to set specific guidelines because what staff has found out is every community is different and they need to decide within the community what that standard should be.  This process makes sure that they have written processes which say they have a management plan for each of the natural lands the County owns and that the County is following that management plan.

     Commissioner Henley stated when he looks at the subtopics of the categories, it makes him think they have to go beyond that in order to maintain the standards.  He further stated as he looks at these subtopics, it causes him to wonder how they are going to be able to continue to afford this.  He added that it is hard for him to judge whether they have gotten themselves into something that will cause them to spend more money.

     Chairman Dallari requested a detailed description of all the standards.

     Mr. Abel stated he can give the Board the details as well as the self-assessment which shows how they met each one of those so the Board can have a better understanding of exactly what each of the 155 standards are and what went into those.

     Mr. McMillan reentered the meeting at this time.

     Upon inquiry by Commissioner McLean, Mr. Abel advised there is no additional cost to meet a specific standard. 

     Commissioner Carey congratulated staff for being able to get the accreditation.  Even though some sponsors helped through the process, some County dollars were expended on this process. 

     Upon inquiry by Commissioner Carey, Mr. Abel stated staff has housed the trophy at Lake Sylvan Park so that the public will know that they are accredited.  He said while they have done a lot of good things in this County over the years, they are a much better organization because of the accreditation process.

     Chairman Dallari congratulated staff and the volunteer committee on behalf of the Board and asked Mr. Abel to relay that to them.

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2010-R-28, as shown on page ________, proclaiming February as Black History Month.

     Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC PARTICIPATION

     Henry Stowe, 15107 Plantation Lakes Circle, addressed the Board to speak with regard to Item #25, Implementation of a Red Light Camera Program.  He stated red light cameras have been devised by camera promoters as a red light violation problem and that problem is overstated.  He said he believes that red light cameras are all about money and revenue.  He displayed a PowerPoint Presentation (received and filed) and reviewed the following:  Cases Against Red Light Cameras relating to Red Light Violation Problem, Red Light Camera Promoters and Accidents Increase; Summary of Some of the Studies that show that these devices are dangerous; Cameras did not Prevent Crashes; Most Crashes Happen 5 seconds after the Light Turns Red; Ticket Camera Tricks; Litigation (Florida Lawsuits); Ticket Camera Court Decisions; and Solutions to Red Light Running Violation.  He stated he would suggest that Seminole County immediately extend the yellow light duration by one second as they will see an immediate reduction of accidents by 40% or higher. 

     Speaker Request Form was received and filed.

     Dave Popkiewicz, 806 Stallion Way, addressed the Board to speak with regard to Item #4, Red Bug Lake Road Pedestrian Overpass.  He stated he works for one of the firms who submitted a proposal and was ranked third.  The top-ranked firm structure was put outside the County’s right-of-way and there were no landscaping plans included.  The codes and aesthetics in the top-ranked firm proposal did not match the County’s accepted prototype and aesthetic.  All of these observations were based upon review of the evaluators’ score sheets.  He said his firm did not provide a rendering.  They were told at the pre-bid that the County has approved the aesthetic and prototype so they felt they did not need to return a rendering.  He added his firm believes that based upon review of the evaluation sheets, the scores were not developed in correlation with the criteria put forth; but developed in comparison to what each of the technical proposals put forth.  He concluded that his firm felt their ranking of third place was not correct. 

COUNTY MANAGER’S CONSENT AGENDA

     Joe Forte, Acting County Manager, addressed the Board to advise staff submitted a new Exhibit A for Item #2, Approve Amendment #1 to RFP-600083-06, in which Part III, Removal for Off-site Beneficial Reuse/Recycling, was removed from the scope.  He stated the date on the budget amendment request for Item #18, Adopt Resolution and LAP Agreement with FDOT, was changed from February 23, 2010 to March 9, 2010.

     Commissioner Carey stated the renderings for Item #4, Approve Red Bug Lake Road Pedestrian Overpass Design Bridge, is shown in black and white and she would like to know if staff has a color rendering. 

     Jerry McCollum, County Engineer, addressed the Board to display a color version of the proposed overpass design bridge.  He stated Southland provided a submittal that showed one area approached on the school side reversed what the County proposed.  He stated from his perspective, he downgraded them because of that, but that wasn’t the overriding factor.  He stated Southland did say they could reverse the bridge for the same amount of money.

     Commissioner Carey stated this is totally different from other bridges.  She added she would like to pull this item for a separate vote.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to authorize and approve the following, as amended, excluding Item #4:

Purchasing and Contracts

2.  Approve Amendment #1, as shown on page _______, to RFP-600083-06/GMG - Term Contract for Clean and Vegetative Wood Waste Processing Services for Seminole County with Consolidated Resource Recovery, Inc., Sarasota.

3.  Approve the negotiated rates and award PS-4650-09/VFT, as shown on page ________, Construction, Engineering and Inspection Services for the Pedestrian Tunnel for Lake Mary Boulevard and International Parkway to PB Americas, Inc., of Tampa, Florida (Estimated Term Usage Amount of $550,000.00).

5.  Approve Sole Source Procurement and authorize issuance of Purchase Order(s) for Box-Area Automated Run Card Builder (BARB) tool for building the static run cards (dispatch order sequence list) for use in CAD to Deccan International, San Diego, CA.

6.  Waive the Procurement Process for Release Order (OP 22437) issued under the IFB-6000160-07/RTB with Guardian Equipment, Inc. and approve this Release Order retroactively for ratification in accordance with Section 220.16 of the Purchasing Code.

 

Community Services

Business Office

7.  Approve and authorize the Chairman to execute the Fourth Amendment, as shown on page ________, to the Seminole County/Seminole County Victims' Rights Coalition, Inc. HOME/SHIP Subrecipient Agreement Program Year 2003-2004.

Community Assistance

8.  Approve and authorize the Chairman to execute the Service Agreement Contract, as shown on page ________, for Succeed, Inc. for Adult Drug Court.

 

Environmental Services

Business Office

9.  Approve the Release of the original Water and Sewer Maintenance Bond #41098547 for the project known as The Parke at Hanover Place in the amount of $36,977.76.

 

 

 

Fiscal Services

Business Office

10.  Approve and authorize the Chairman to execute an Award Letter and a Grant Agreement, as shown on page ________, with the Florida Division of Emergency Management in acceptance of $34,000.00 in grant funding through their Homeland Security Grant Program.

11.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-29, as shown on page ________, in support of a grant application to the Florida Division of Forestry requesting up to $24,000.00 through their Florida Forest Health Improvement Initiative Program; and authorize the Chairman to execute any other supporting documents as may be required for the grant application.

Budget

12.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-30, as shown on page ________, implementing Budget Amendment Request (BAR) #10-31 through the Public Safety Grants Fund in the amount of $34,000 to allocate funds from the Florida Division of Emergency Management’s State Homeland Security Grant Program.

13.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-31, as shown on page ________, implementing Budget Amendment Request (BAR) #10-38 through the General Fund in the amount of $145,043 to increase funding for the Community Information Bright House Grant program.

14.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-32, as shown on page ________, implementing Budget Amendment Request (BAR) #10-41 through the Self Insurance Funds in the amount of $7,500,000 to transfer between funds.

15.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #10-06 through the Water and Sewer Funds in the amount of $27,783,323 to reallocate capital project funding.

 

Planning & Development

Planning

16.  Approve the Satisfaction of Lien, as shown on page _________, in the amount of $1,500.00, Case No. 08-52-CEB, on 2995 Stonewall Place, Sanford, Tax Parcel #22-20-30-300-0360-0000, owned by A & E Management, LLC, and authorize the Chairman to execute the Satisfaction of Lien.

 

Public Works

Engineering

17.  Approve and authorize the Chairman to execute a Mitigation Reservation and Purchase Agreement (MRPA), as shown on page _________, for the purchase of wetland mitigation units by Seminole County in conjunction with the Chapman Road Improvement Project from Schrimsher, Inc., owner of the Lake Jesup Mitigation Area.

18.  Adopt appropriate Resolution #2010-R-33, as shown on page _________, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page _______, with the State of Florida Department of Transportation (FDOT) for the resurfacing of Rinehart Road from County Road 46A to Towne Center Boulevard.  (FDOT - FPN: 428434-1-58-01)

 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Request to approve the ranking list and award DB-4550-09/JVP – Red Bug Lake Road Pedestrian Overpass Design Build Project to the Design/Build Team of Southland Construction, Inc. of Apopka, Florida, and Dyer, Riddle, Mills & Precourt, Inc. of Orlando, Florida (not-to-exceed amount of $1,709,479), was presented.

     Commissioner Henley stated he sees a price listed on the tabulation sheet for Responses 4 and 9, and he would like to know if there is a reason the others do not show the price. 

     Mr. McCollum advised staff short-listed the three firms and the other three firms were not short-listed. 

     Commissioner Carey stated she is not a big fan of pedestrian bridges and she feels that having different scales, sizes, shapes and colors around the County is pretty inconsistent.  Therefore, she is not going to be supporting this because she doesn’t support spending tax dollars on pedestrian overpasses. 

     Upon inquiry by Commissioner Henley, Mr. McCollum advised this particular project was specified on the Second Generation Sales Tax and it was originally budgeted about three or four years ago for $4 million.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to approve the ranking list and award DB-4550-09/JVP, as shown on page ________, Red Bug Lake Road Pedestrian Overpass Design Build Project to the Design/Build Team of Southland Construction, Inc. of Apopka, Florida, and Dyer, Riddle, Mills & Precourt, Inc. of Orlando, Florida (not-to-exceed amount of $1,709,479).

     Districts 1, 2, 3, and 4 voted AYE.

     Commissioner Carey voted NAY.

     At the request of Commissioner Carey, Mr. McCollum reviewed the number of pedestrian overpasses that were on the voter approved referendum and the ones that have been built to date.

     Commissioner Henley stated ever since he has been on this Board, safety has been the number one priority.  He said he thinks that as the County continues to grow and the number of cars on the roads continue to increase, these overpasses will be more valuable in the future than they are today. 

     Upon inquiry by Chairman Dallari, Mr. McCollum explained the primary purpose of building this overpass.

CONSTITUTIONAL OFFICERS

     Motion by Commissioner Carey, seconded by Commissioner McLean to authorize and approve the following:

Clerk’s Office

19.    Approval of Expenditure Approval Lists, as shown on page _________, dated January 11 and 19, 2010; and Payroll Approval List, as shown on page _________, dated January 7, 2010; approval of BCC Minutes dated January 12, 2010; and, noting, for information only, the following Clerk’s “received and filed”.

1.    Amendment #2, as shown on page ________, to Work Order #109 to PS-5165-04.

 

2.    Work Order #57, as shown on page ________, to PS-1529-06.

 

3.    Amendment #2, as shown on page ________, to Work Order #14 to PS-5144-03.

 

4.    Work Order #127, as shown on page ________, to PS-5165-04.

 

5.    Work Order #28, as shown on page ________, to RFP-4277-09.

 

6.    Satisfaction of Lien, as shown on page ________, for Case #08-47-CEB, Cindy D. & Joseph R. Webster, approved by the BCC on December 8, 2009.

 

7.    Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with Larry Jon Bates, Sharon McCutchin Bates, Larry Jon Bates II and Stephen Hains Bates, for the project known as Primrose.

 

8.    Amendment #4, as shown on page ________, to CC-1220-03.

 

9.    Amendment #5, as shown on page ________, to Work Order #24 to PS-0381-06.

 

10.    Parks Contract, as shown on page ________, for Deborah L. McMillan.

 

11.    Amendment #3, as shown on page ________, to RFP-4127-01.

 

12.    Work Order #78, as shown on page ________, to PS-5120-02.

 

13.    Work Order #70, as shown on page ________, to PS-1074-06.

 

14.    Work Order #77, as shown on page ________, to PS-5120-02.

 

15.    Work Order #29, as shown on page _________, to RFP-4277-09.

 

16.    Fourth Amendment, as shown on page _________, to IFB-600404-08.

 

17.    Certificates of Costs of Abatement, as shown on page _________, for Elba I. Vivo and Amy J. Simonetti.

 

18.    Work Order #30, as shown on page ________, to RFP-4277-09.

 

19.    Amendment #5, as shown on page ________, to RFP-4127-01.

 

20.    Amendment #4, as shown on page __________, to CC-1220-03.

 

21.    Amendment #3, as shown on page _________, to Work Order #27 to PS-0381-06.

 

22.    Work Order #26, as shown on page _________, to PS-5190-05.

 

23.    Second Amendment, as shown on page _________, to IFB-600423-08.

 

24.    Work Order #71, as shown on page _________, to PS-1074-06.

 

25.    Amendment #1, as shown on page _________, to Work Order #58 to PS-1529-06.

 

26.    Change Order #2, as shown on page _________, to CC-4399-09.

 

27.    Closeout, as shown on page _________, for CC-4192-09.

 

28.    Work Order #4, as shown on page _________, to PS-3914-08.

 

29.    Work Order #128, as shown on page _________, to PS-5165-04.

 

30.    Amendment #1, as shown on page _________, to Work Order #2 to PS-4572-09.

 

Sheriff’s Office

20.    Approval by the Board of County Commissioners to contribute $1,000 from the Law Enforcement Trust Fund to provide funding in support of Meals on Wheels.

21.    Approval by the Board of County Commissioners to contribute $500 from the Law Enforcement Trust Fund to provide funding in support of Challenge Day, a nationally-recognized program being hosted by Lake Mary High School.

22.    Approval by the Board of County Commissioners to contribute $5,000 from the Law Enforcement Trust Fund to provide funding in support of the Central Florida Crimeline program.

23.    Approval by the Board of County Commissioners to contribute $2,000 from the Law Enforcement Trust Fund to provide funding in support of the Rising Achievers Program sponsored by the Rotary Club of Seminole County South.

 

     Districts 1, 2, 3, 4 and 5 voted AYE.

REGULAR AGENDA

     Lisa Spriggs, Fiscal Services Director, addressed the Board to state staff is requesting establishment of the rates being charged for the 9-month period starting from January 2010 to September 2010 for the health insurance funds.  The rates that are reflected in the agenda are equivalent to the rates that were charged in 2009 under the fully-insured option.  She added staff is also requesting approval of a Resolution implementing Budget Amendment Request (BAR) #10-37 which fully establishes the health insurance fund reflecting the premiums that will be paid into those funds based on current enrollment by the four entities that are party to the self insurance and reflecting expenditures including claims that will be paid out of that fund.  She added staff will be transferring $5.8 million from the other self-insurance funds (excess reserves) and they are moving that into the Health Insurance funds in order to establish the initial required reserves.  The County’s estimated reserve will be approximately $4.2 million and that is estimated to reflect 25% of expected claims.

     Motion by Commissioner McLean, seconded by Commissioner Henley to approve Health Insurance Rates on the Rate Schedule document; and adopt appropriate Resolution #2010-R-34, as shown on page _________, implementing Budget Amendment Request (BAR) #10-37 through the Self Insurance Funds in the amount of $21,672,572 to provide funding for Health Insurance.

     Districts 1, 2, 3, 4 and 5 voted AYE.

     Chairman Dallari recessed the meeting at 10:15 a.m., reconvening it at 10:20 a.m.

COUNTY MANAGER’S BRIEFING

     Gary Johnson, Public Works Director, addressed the Board to state staff has been investigating the potential use of Red Light Cameras in Seminole County.  Three cities (Longwood, Casselberry and Winter Springs) are using or claiming to use that technology within Seminole County.

     Melonie Barrington, Traffic Engineering, addressed the Board to seek direction from the Board on the implementation of a Red Light Camera Program.  She displayed a PowerPoint Presentation (received and filed) and reviewed the following issues:  History of the Red Light Camera; Why Photo Enforcement; Some of the Benefits; A Comprehensive RLC Program Includes Intersection Engineering Improvements, Education, Traditional Enforcement by Law Enforcement Officers and RLC Systems; Key Elements of a RLC Program; Local Jurisdiction Programs in Winter Springs, Casselberry and Longwood; Local Statistics; Public Support; Some of the Equipment; Operation; Sample Picture of What Could Happen; Some of the Vender Services; County’s Responsibilities; Fee System; 2 Types of Appeals Process (Special Magistrate {City of Casselberry} and Code Enforcement {City of Winter Springs}); and Summary. 

     Upon inquiry by Chairman Dallari, Robert McMillan, County Attorney, advised the Red Light Camera Program is a big issue with the Legislature this year.  The County Attorney’s Association is tracking it and there is a conference call going out today about it.

     Commissioner Henley asked what study does the County have to substantiate the numbers of public support.  Whereupon, Ms. Barrington advised staff obtained those numbers from federal highways, but they would have to assess the public support for Seminole County.

     Commissioner Henley stated it seems to him that this is going to be very personnel intensive from the standpoint of the police will having to review them and then having to go to court.

     Deputy Wetzel, Sheriff’s Office, addressed the Board to state the percentage of appeals of the total citations will be reviewed by the officer.

     Commissioner McLean stated he would like to know what traffic engineering solutions have been done up until now.  He stated he feels they need to be confident that they have taken all reasonable steps with regard to uniform and binding rules for timing, speed limits, light synchronization, and extending the yellow lights for one second.

     Ms. Barrington stated with regard to all yellow and all red lights, staff has reviewed all the intersections in Seminole County to make sure that those phases are appropriate.  They currently have all yellow timing at 4½ seconds to almost six seconds and 2 second for all red timing.  Staff feels that is appropriate at this time and if they start increasing the all red and all yellow time, drivers will get frustrated because they are introducing more delays to the intersections.  She stated they also have a Fatality Reduction Subcommittee and if there is a fatality at an intersection, the subcommittee would use that intersection to make sure that there are no engineering solutions needed to improve safety there.  The County has a regular routine maintenance program for the signals to make sure everything is working properly.

     Commissioner McLean stated he would like to know what information staff has used to come to the conclusions they have with regard to rear-end crashes.

     Ms. Barrington stated she agrees that there will probably be an increase in rear-end type collisions.  The one thing to recognize is there are rear-end type crashes and right-angle type crashes.  The rear-end type crashes tend to cause less injuries and cause less property damage, so with the red light camera, the right-angle type crashes will be reduced. 

     Upon inquiry by Commissioner McLean, Ms. Barrington advised they will see citations go down when people change their driving behavior.

     Commissioner Carey stated this has been a topic of discussion for quite some time.  She stated the state of Georgia put red light cameras in several years ago and they are now taking them out as a result of some action that the Georgia Legislature took, which required them to add one second to their yellow lights.  As soon as they added the one second, that yielded immediate results.  Prior to that action 639 citations were issued each month at one intersection; and after that they added one second to the yellow light, that was reduced down to 200.  She said about a dozen cities in Georgia have taken the cameras out because it was costing them money.  She added she is not interested in supporting the red light cameras in this community, but she is interested in adding one second to the yellow light to see what impact that will have.

     Commissioner Van Der Weide stated he feels this is a way to generate revenue.  The other issue is safety.  Since this issue is going to be a hot subject for the State Legislature this year, he doesn’t want to do anything now when it will affect them later.

     At the request of Commissioner Henley, Mr. McCollum updated the Board on the synchronized lights.  He stated staff is looking at concentrating on major roadways throughout the County and they have been trying to update them every three to four years.  It has been a successful program as the accidents have gone down in Seminole County over the last few years.  People do not get frustrated when traffic is moving.

     Chairman Dallari stated he is not in favor of red light cameras for revenue generation; but safety is a big issue.  He said he would like to get something approved but not implemented so they can grandfather it in and protect whatever interest they would have.

     Commissioner Carey stated the Board doesn’t know what the Legislature is going to do.  She stated until they see what is floating around in the Legislature she doesn’t think they should take any action.  She said she feels the County has the cart before the horse.  She added she is not in favor of doing anything except adding that second to the yellow light.

     Commissioner McLean stated he tends to agree that they should begin that process to potentially protect their interest and there is no harm in protecting that.  He added they can look at the yellow light extension situation while they are going through the process.

     Commissioner Van Der Weide stated he feels it is premature until they find out what the Legislature is going to do.  He stated this will cost a lot if they do it, and a lot of the cities feel this will be revenue for them.  He added he feels they need to hold up on this.  If they do this, he wouldn’t want the money to go to the general coffers but to the community service agencies.

     Commissioner Henley stated he believes they have time and he would like to see the bill before they take action.  They still have time to adopt it but not implement it.  He stated he would like a copy of the bill when the Legislature drafts it.

     The consensus of the Board was to continue this indefinitely until they see what the State Legislature is going to do.

     Commissioner Henley requested that staff identify the sites where the most accidents occur and to look at the yellow light timing.

     Chairman Dallari asked staff to look at how they stack up to all DOT standards with the timing of the lights.

     Mr. Johnson stated staff has spent a fair amount of time on extending the yellow light and will report back on that.  He added the cities have approached staff on this issue and since there is no policy with regard to the use of the technology on County rights-of-way, they have been refusing to allow that type of installation and they will continue that position until the Board further considers this in the future.

     Chairman Dallari stated he would like to know which cities are implementing red light running as well as what locations, what their fines are, and what they do with that revenue.

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     Sabrina O’Bryan, Assistant County Manager, addressed the Board to display a PowerPoint Presentation (not received and filed) and reviewed the following:  County Strategic Direction; Vision & Mission; Individual Value Statements; Effective & Efficient Government; Growth Management; Social & Economic; and Basic Overview of the Strategic Decision.  She stated staff is seeking direction to make sure that the strategic plan is on track with the new direction and vision by the Board. 

     Commissioner Henley stated he attended most of the meetings and the Steering Committee has been diligent in reviewing each of the items.  The important thing to him is planning and strategies that come out of it.  He stated he feels they should encourage them to carry on the work as you can’t minimize the value of planning.

     Commissioner Carey stated this has been going on for the past couple of years and she hasn’t seen what modifications they have.  Once that is in place, it is a matter of tweaking it.  She added she feels they need to make sure that ongoing monitoring of the strategy mission is out there and everyone is still focused on getting to the goal.  She asked that staff brief the Board more often on where they think they have gotten to in that process. 

     Commissioner Henley stated the important thing is the action items and those are not fully developed at this point.

     Commissioner McLean stated he is pleased that they have had a chance to talk about the strategic planning process, but he agrees with Commissioner Carey that situations are changing, but the values and vision of an organization should not.  He said he agrees that measurables are critical to know where they are and where they are going.  They need to have those as definitive as they can, and the goal of this plan is to have these results in a measurable format. 

     Commissioner Henley stated work has slowed down somewhat because of the changing dynamics of the committee and that has impacted productivity.

     Commissioner Carey stated she feels that getting the action plan written so it can be measured as to its success is the most important key.

     Upon inquiry by Commissioner Dallari, Ms. O’Bryan advised staff is approximately 75% completed with the strategic plan and documenting the goals and objectives including the key performance indicators.  They have taken an opportunity to consolidate some of the goals that make more sense in the financial arena and eliminate some of the requirements within the plan.  She stated she feels it will take two months for them to get the documentation completed.

     Mr. Forte stated staff would need consensus from the Board if they want the committee to continue with the implementation.

     Commissioner Carey stated she is looking forward to getting the action plan back in two months.  The Board can determine if it has been advantageous for them to spend the time that it takes to get through that exercise.

     The consensus of the Board was to move forward with the implementation so that staff can bring this back in a timely manner.

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     Chairman Dallari stated he knows a lot of work has been done on the State of the County address coming this Friday and a lot of people have been jumping through hoops, and he would like to say thank you.

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     Chairman Dallari recessed the meeting at 11:03 a.m., reconvening at 1:30 p.m. with all Commissioners and all Other Officials with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOF OF PUBLICATION

     Motion by Commissioner Carey, seconded by Commissioner McLean, to authorize filing the proof of publication for this meeting’s scheduled public hearing into the Official Record.

     Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARING

CONSOLIDATED STREET LIGHTING

DISTRICT ORDINANCE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Consolidated Street Lighting District Ordinance repealing Ordinance 2009-6 adopted February 24, 2009, received and filed.

     Kathy Moore, MSBU, addressed the Board to state the Consolidated Street Lighting District Ordinance is reviewed, amended and recodified annually, which is the purpose for the hearing today.  The proposed ordinance, if approved, would become effective October 1, 2010. 

     Chairman Dallari advised of one Written Comment Form received and filed from the Whispering Winds Homeowners Association, President Rick Karasiewicz, in support of establishing a MSBU for Whispering Winds Phase 1.

     Kevin Whalen, 1800 Misty Morn Place, addressed the Board to state he is representing the Whispering Winds Board of Directors and residents to confirm their support of the proposed ordinance to take advantage of the MSBU.

     No one else spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt and authorize the Chairman to execute Ordinance #2010-1, as shown on page _______, Consolidated Street Lighting District, which repeals Ordinance #2009-6 adopted February 24, 2009.

     Districts 1, 2, 3, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

     Assistant County Manager Sabrina O’Bryan addressed the Board to seek approval for an additional federal legislative priority in the social services area.  She said the last time she asked for the Board’s approval of some federal priorities, and the County’s lobbyist was working on some other opportunities.  The lobbyist indicated the County may have a funding opportunity with social services, specifically with Healthy Seminole partnership.  This would be a partnership with the Health Department and Shepherd’s Hope.  Ms. O’Bryan advised she has submitted an amended letter for the Board’s consideration that she would like to send to the Congressional members as an amendment to the County’s prior request. 

     Commissioner Carey said this has been a great collaborative effort to provide health care to the community.   She thinks this is a really important project, and since it is not in conflict with any other request, she thinks it would be appropriate to amend their request to include it for $275,000.  Commissioners Dallari and Van Der Weide agreed with Commissioner Carey.

     Ms. O’Bryan said she sent a memorandum to the Board highlighting some Senate and House bills related to traffic control.  She has identified both bills (HB 325 and SB 294) currently in the system.  She said there has not been much activity on those in recent weeks, as there was in December and January.  She stated staff will continue to look at that.  It looks like the sticking point is funding and how those dollars will be segregated. 

     Chairman Dallari asked Ms. O’Bryan to provide copies of all the information on those bills to the Board.

CHAIRMAN’S REPORT

     Chairman Dallari advised he has a request for support of the Central Florida Sports Commission to host the 2012 Spring Division II National Championship events.  He submitted a copy of the letter to the Board (received and filed) that he would like to send in support.

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     Chairman Dallari said this past week he, Commissioner Carey and staff were in New York for the bond rating, and he believes that went very well.  He said the staff did a very good job.  He said they have to go back March 2 and he believes it would be appropriate for him and Commissioner Carey to go back for the bond sale. 

     Commissioner Henley asked why it is necessary to go back.  He said they never did that before.  What they have done in the past is instruct Mr. Akers that when the market moves in the County’s favor to go ahead and make the sale.

     Chairman Dallari said each time the County has done a bond sale before, they have gone back.

     Commissioner Carey said the last time the County did bonds, they were there.  She stated that at some point, the County has to approve the sale. 

     Commissioner Henley said that can be done from here.  He thinks, with the financial situation the County is in, they should not be spending anymore than they have to.  He said it is not a necessary requirement to go to New York.

     Chairman Dallari said he was asked by Mr. Akers to bring this up today, but it is the Board’s decision. 

     Commissioner Van Der Weide said he thinks things have changed drastically from the last time they went to New York.  They have to be very careful of every dollar they spend.  He said unless it is absolutely necessary, he would not be supporting this.

     Commissioner Carey said since she has been on the Board, the few times they have done a bond sale, there has been a request to have one Commissioner, and there have been two in the past.  She said she went back and looked at some prior meetings on the ratings and some Commissioners went.  She stated there is $12,000 in the budget for travel for the Commissioners and it just requires approval from the Board.

     Commissioner McLean asked if what is being requested could be done here just as easily as in New York.

     Chairman Dallari said he is sure things could be done on the phone, but he deferred to the County Attorney and County Manager to answer.

     Commissioner Carey reiterated that it takes some approval of the Commission at some point in time for this process.

     Mr. McMillan said he is not familiar with this particular process.  He stated they used to have bond sales and any closings were here.  He can recall the financial advisors bringing a report of the sale to the Board, but he doesn’t remember them doing that in New York.  He said the Clerk may have more information on how that was handled.

     Ms. Spriggs explained how the pricing works and the whole process.  She said the last time County representatives went to New York and did the whole process there.  She stated the last issue was very large at $160 million.  They felt if something was to go awry, it was a pretty big issue and someone should probably be there.  Discussion continued.

Commissioner Carey said there is time for Ms. Spriggs to get back with Mr. Akers on this. 

Chairman Dallari said there is another meeting in February.  He said if there are no objections, he will speak with Mr. Akers and see what he recommends and bring that back to the Board. 

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed:

 1.  Letter (w/attachment) dated January 22, 2010, from Congressman Mica to Chairman Dallari re:  Letter written to Secretary Kopelousos re:  Proposal opposing the tolling of interstates and other federal interstates.  (cc:  County Manager, Public Works, Engineering)

 

 2.  Letter dated January 26, 2010, from Chairman Dallari to Senator Bill Nelson and Representative Suzanne Kosmas, re:  Legislative support of RINI Technologies’ ability to successfully bring critical products to our warfighters.  (cc:  RINI Technologies)

 

 3.  Notice received January 27, 2010, from City of Sanford re:  February 3, 2010, Sanford Community Redevelopment Agency Agenda.  (cc:  BCC, County Manager, Planning and Development)

 

 4.  Letter dated January 27, 2010, from Pat Lee, City of Sanford ,to Chairman Dallari re:  Reappointment of Mayor Kuhn to represent the City of Sanford on the Mayor/Managers Council.  (cc:  BCC, County Manager, Planning and Development)

 

 5.  Letter dated January 27, 2010, from Pat Lee, City of Sanford, to Chairman Dallari re:  Mayor Kuhn’s appointment of Randy Jones to represent the City as Voting Member; reappointment of Economic Development Director Bob Tunis as Alternate Member; and reappointed Planning and Development Services Director Russ Gibson and Economic Development Director Bob Tunis as Staff Representatives on the 17-92 RPA.  (cc: BCC, County Manager, Planning and Development)

 

 6.  Letter dated January 28, 2010, from Sarah Balas Johnson, Seminole Community College, to Chairman Dallari and the Board of County Commissioners re:  Thanking Seminole County for contribution to the Small Business Service Program.  (cc:  County Manager)

 

 7.  Letter (w/attachment) dated January 28, 2010, from Congressman Mica to Chairman Dallari re:  Comments relating to federal awards for high-speed rail initiatives.  (cc:  BCC, County Manager, Engineering)

 

 8.  Notice dated January 24, 2010, from City of Altamonte Springs re:  Public Hearing to be held on Wednesday, February 10, 2010, re:  A request filed by Emerson International, Inc. for a Conditional Use for the property located at 2180 West SR 434.  (cc:  BCC, County Manager, Planning and Development)

 

 9.  Copy of letter (w/attachment) dated January 28, 2010, from Robert Presley, St. Johns River Water Management District, to Seminole BCC re:  Application No. 4-117-121590-1.  (cc:  BCC, County Manager, Stormwater)

 

10.  Letter (w/attachment) dated January 29, 2010, from Mike McDaniel, Department of Community Affairs, to Chairman Dallari re:  Notification of completion of review of Seminole County’s Comprehensive Plan Amendment (DCA-No. 09-1) adopted on December 8, 2009 by Ordinances No. 2009-36, 37 and 38.  (cc:  BCC, County Manager)

 

11.  Letter dated February 4, 2010, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re:  Notice of new programming choices coming on or after March 11, 2010.

 

12.  Notice (w/attachment) dated February 5, 2010, from City of Casselberry re:  Owner Notification and Verification Request for Future Land Use Map Amendment.  (cc:  BCC, County Manager, Planning and Development)

 

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Carey stated the Envision 4 Conference took place last Friday at the Zoo and there was a full day of activities.  She welcomed the group on behalf of Chairman Dallari.  They came out with some top priorities with the top two tied.  That was support for renewal of the one-cent sales tax and efficiencies, collaboration and consolidation discussion that the community wants to see take place; and the third was youth crime. 

Commissioner Henley said he did not go to the meeting, and he would like to know the number present and how many were connected to governmental agencies.

Commissioner Carey said there were less than 100 people at the time of the voting, but they had a real mix of folks.  It was more than just government people.  But clearly, of the government category, their #1 was the sales tax.  The business group’s #1 ranking was efficiency, collaboration and consolidation.  She said the Commissioners should have received that update with the information.

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Commissioner Carey reminded everyone that this Friday is the State of the County at the Altamonte Hilton.  She understands the attendance is expected to be quite high.

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Commissioner Carey said two events are coming up:  the annual Teal Magnolia Lunch for ovarian cancer on March 27 at the Orlando-Lake Mary Marriott; and the 12th Boy Scouts Annual Dinner.  She said yesterday was the 100th Anniversary of the Boy Scouts.

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Commissioner Carey said at the last meeting, she talked about a report from the East Central Florida Regional Planning Council on the 2060 Plan.  She gave that to staff and asked Ms. Stettner and her staff to review it.  She said the report has a chapter on water and the goal of 90 gallons per day.  She said that conflicts with the St. Johns Water Management District’s goal of 150 gallons a day, and with the County’s Consumptive Use Permit of 135 gallons per day.  She said if they adopt the strategic plan, they are all supposed to amend their comprehensive plans to agree with that document.  She said the staff will provide bullet points of the information to the Commissioners.  At the ECFRPC Board meeting next week, she will send in comments.  She stated they don’t want to adopt something that will conflict with the County’s plan and Comprehensive Plan.  She added that they need to be careful about that.

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Commissioner Carey said the Orlando-Sanford International Airport was very instrumental in the Haiti Relief, along with many other organizations, and she would like to have a resolution of appreciation for all the local organizations that assisted, now that the effort is complete.  She is talking about one resolution for the local people.

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Commissioner Van Der Weide said, on the water issues, that it is real dangerous that they have these government agencies competing with each other for a body of work.  He said if they expect the County to adopt something contrary to the County’s CUP or what the Regional Water Board’s goal is, they are headed in the wrong direction; and it all adds cost to the economy and building industry. 

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Chairman Dallari advised, if no objections, he will put on the next BCC agenda the adoption of a resolution as proposed by Commissioner Carey.

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Chairman Dallari stated the Central Florida Commission on Homelessness is looking to consolidate some of their organizations and the more that materializes, he will bring that back to the Board.

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Chairman Dallari advised that the Central Florida Fair has moved to a March time frame, and he will let the Board know when he gets the official date.

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Commissioner McLean stated, as Commissioner Carey said, Envision 4 meeting was a cross section of individuals.  It was great to have cooperation among the entities and helpful to get people from different walks of life. 

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Commissioner McLean said the Wayne Densch Theater recently held the “Seminole’s Got Talent” event, and they had a packed house.  The winner was a 12-year-old from Sanford who won a $1,000 scholarship.  He said from a fiscal standpoint, the theater is doing much better than 12 months ago, and they are moving forward. 

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Commissioner McLean reported that he attended the Council of Local Governments (CALNO) meeting this month.  There was a lot of discussion about the one-cent sales tax.  A meeting of the various City Commissions will be held on February 27 at the Lake Mary Events Center for them to discuss some of their issues.  At CALNO, he suggested that all parties who might be involved should be invited to that meeting, but they feel it appears otherwise.  Since it is a public meeting, anyone who would like to can attend the meeting at 9:00 a.m.

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Commissioner McLean advised he just received information today that there will be a meeting of the Legislative Committee for Intergovernmental Relations this Monday, February 15, in Tallahassee.  One of the things he will keep a close eye on is that the committee is producing a local government consolidation report.  He will bring that information back to the Board once it’s completed.

Chairman Dallari asked if they will also be making recommendations to the State on where they can consolidate.  Commissioner McLean explained the focus of this Board is inner entity cooperation and potential consolidation.  He said he has made it clear from the beginning that he thought it was a bit top-sided.  If they are going to look at it, then look at all levels.  Chairman Dallari added that he was told by a State Legislator that they used to meet every other year and that is a way to help the State’s budget as well.  Commissioner McLean stated he would bring this information back.

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Commissioner McLean advised on the State of the County, he will be the Committee Chair for that from the Chamber.  He had to change venues to the Altamonte Hilton and contacted everyone about that so they could adjust their schedules.  There will be about 400 people attending, and he is looking forward to that.

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Commissioner McLean said he mentioned in the last meeting about the idea of putting together a resolution of support for individuals involved in dealing with aiding relief to those from Haiti.  He passed pictures (not received and filed) to the Commissioners showing some of what was going on.  He said he mentioned at the last meeting about some sort of proclamation recognizing the efforts of the individuals in Seminole County who gave of themselves.  He will be going to Haiti for a few days later this month.  He has two proclamations (copies received and filed) for the Board to consider.  One, he can read into the record; or if the Board wishes, they can sign one as a group.  He said he was willing to do it either way.

Commissioner Carey said she thought the Board just talked about doing a resolution and having the local people come to be recognized.

Commissioner McLean stated he will also have the opportunity to take something to the people.  Discussion ensued.

Commissioner Van Der Weide stated he thinks the issue is before they start forwarding resolutions or proclamations, they should go through the Chairman’s Office and that would solve a lot of questions coming up.  As far as he knows, this has not gone to the Chairman’s Office so he could put it on the agenda.

Commissioner Carey stated they have been to New Orleans, but she doesn’t know if this Board has ever passed a proclamation for that.  She thinks what they need to recognize is what the local folks have done.  She would rather have a resolution and have them come to a BCC meeting for recognition.

Mr. McMillan stated if Commissioner McLean wants to do a proclamation on his own, it does not have to be read in to the record; he can just do that.  The Board has never had an individual proclamation, but there is nothing that prohibits it.  He can do that on his own.  If the Board is going to vote on it, it has to be submitted to the record.  He noted that both versions provided by Commissioner McLean read “adopted by the BCC.”

Commissioner Henley stated over the last few years, they have had several discussions about resolutions and what should come before the Board for action.  He thinks they need to develop some policies.  He thinks it would be appropriate to have some policy with regard to resolutions and the type the Board would deal with and also if they want to move into individual Commissioner proclamations.  He said not that what is presented today is wrong, but it is something different than what they have done in the past. 

Chairman Dallari said he could understand why Commissioner McLean, going to Haiti, would want to do something like this because of the issues and what that community has gone through.  As long as Commissioner McLean signs it and it’s under his signature, he would have no objection.

Commissioner Van Der Weide said the Board should not be in the meeting debating an issue like this.  He said it looks very political to him and it looks political to the community.

Chairman Dallari said he’s hearing the consensus is for the proclamation under Commissioner McLean’s signature and it will be amended not to read “adopted by the BCC.”

COUNTY MANAGER’S REPORT

 

     Mr. Forte stated at the last meeting, the Board was presented with the new Administrative Code and reorganization of upper management.  As a result of some of the changes, a couple of layoffs have occurred.  He asked for approval to authorize severance pay for those employees according to the Administrative Code.  He also asked the Board to authorize future severance pay under like situations, if it becomes necessary, in anticipation of the upcoming budget work sessions.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to authorize severance pay for two employees laid off as a result of Board action to amend the Administrative Code on January 26, 2009; and further authorize severance pay to future employees, in accordance with the Administrative Code, that may be necessary due to future BCC actions relating to the budget.

     Districts 1, 2, 3, 4 and 5 voted AYE.

CITIZENS’ COMMENTS

     Dale Kirby, 893 Wesson Drive, addressed the Board to advise of problems he’s having with his water bill.

     Chairman Dallari thanked Mr. Kirby for bringing this to the Board’s attention.  He asked Mr. Kirby to leave the information with Mr. Forte so he can look into the situation.  He also asked Mr. Forte to let the District Commissioner know the outcome.

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     Constance Glicken, 190 Springwood Tr., addressed the Board to discuss why Waste Management will not collect plastic bags.

     Mr. Forte said he could get an answer on which plastic bags are recyclable and which ones are not. 

     Andy Neff, Environmental Services Director, addressed the Board to state he would get the information for Ms. Glicken on how long the contract has been in effect with Waste Management and how much longer it will be before renegotiating the contract.

     Ms. Glicken said the next time the contract is negotiated, ask that recycling plastic bags be included.

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     Ms. Glicken said she just received in the mail information on the County outsourcing dog licensing to Texas, and she asked why that is done.  

     Chairman Dallari explained this was done to offset some of the County costs, and it was started about three or four years ago.

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     Commissioner Carey reminded the Commissioners that they will immediately meet upstairs after this meeting for the Budget Work Session.  Chairman Dallari announced the Board will convene the Budget Work Session at 2:30 p.m.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:20 p.m., this same date.

 

ATTEST:______________________Clerk_____________________Chairman

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