BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 10, 2009
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, March 10, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Bob Dallari (District 1)
Vice Chairman Mike McLean (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Circuit Court Maryanne Morse (Late)
County Manager Cindy Coto
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Pastor Eugene Smith, City Church of Orlando, Sanford, gave the Invocation.
Commissioner Van Der Weide led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-40, as shown on page _________, proclaiming the month of March as American Red Cross Month.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Bob Flint, American Red Cross, who addressed the Board to express his appreciation on behalf of Joe Hass and the American Red Cross staff.
At the request of Chairman Dallari, Mayor Jim Swan, city of Kissimmee, addressed the Board to state for the last 13 years he has been employed with Waste Management and they have been honored in serving the residents. He presented a check from Waste Management to Mike Barr, Keep Seminole Beautiful, and he stated this is something that will improve and enhance the County.
Mike Barr addressed the Board to thank Mr. Swan for his help over the years.
Chairman Dallari recessed the BCC meeting at 9:40 a.m. for the purpose of convening the U.S. Hwy 17-92 Community Redevelopment Agency (CRA) meeting.
Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.
HWY 17-92 CRA
Alison Stettner, Planning Manager, addressed the Board to present request for approval of the Scope of Services and Deliverables for the CRA Boundary Line Mapping Study, in an amount not to exceed $25,000, and approval of the Budget Amendment Request for same.
Ms. Stettner explained to Commissioner Carey how a property can be shifted out of the CRA boundary when a line is adopted. Commissioner Henley stated the city of Longwood never joined the CRA and they didn’t want their property in the CRA. The City did not indicate that they wanted to join when staff recently made a presentation. He stated he doesn’t want to see this boundary expanded by this study without this Board reacting to the proposal.
Ms. Stettner stated it is not the intent to look at expanding the boundary but to create a true boundary and bring back the mapping study that shows the boundary at the original 1997 dates, and the boundary as it is collected today by the Property Appraiser.
Upon inquiry by Commissioner Carey, Ms. Stettner advised the Florida Statutes requires a master plan and it must be updated every five years. That has not been updated since the original 1997 date, so as part of creating the master plan and registering the boundary each year with the DCA, staff must show they are doing that and meeting all the intentions of the State laws.
Upon inquiry by Commissioner McLean, Ms. Stettner advised staff will bring back the data from the original 1997 legal description and the boundary collected today along with the research of annexations and property assemblages across the corridor.
Upon inquiry by Commissioner Van Der Weide, Ms. Stettner advised based on the current structure, the city of Longwood indicated that they were not interested in joining.
Chairman Dallari stated he would be more than happy to reach out to the city and report back to the Board.
Commissioner Henley stated it was explained to him that the reason why they did not want to join was they couldn’t control the money.
Upon inquiry by Commissioner Carey, Ms. Stettner advised staff is planning to use the planning consultant of HNTB as some of the consultants they have on staff do not have the technical expertise to do this type of work.
Motion by Commissioner McLean, seconded by Commissioner Henley to approve the Scope of Services and Deliverables for the CRA Boundary Line Mapping Study, in an amount not to exceed $25,000, and approval of the Budget Amendment Resolution #2009-R-41, as shown on page ________, for same.
Under discussion and upon inquiry by Chairman Dallari, Ms. Stettner advised it will take about three months to complete the work.
Upon inquiry by Commissioner Henley, Ms. Stettner advised this work would require technical survey work and East Central Florida Regional Planning Council (ECFRPC) does not have the in-house staff to do this. She stated HNTB does a lot of corridor and planning studies and they have the engineering and survey staff available in-house to do the work.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari adjourned the CRA meeting at 9:45 a.m., reconvening the BCC meeting at 9:45 a.m.
COUNTY MANAGER’S CONSENT AGENDA
Cindy Coto, County Manager, addressed the Board to advise Item 9A, First Amendment to Right-of-way Consent Agreement with FPL, was added to the agenda. She stated staff is pulling Item #11, approve Budget Amendment Request to increase funding for the Neighborhood Stabilization Grant Program, and they will bring it back at the next meeting as they believe they will have a contract by that time.
At the request of Commissioner Henley, Jerry McCollum, County Engineer, addressed the Board to explain the cause of delay and time extension for Item #3, Approve Amendment #2 to PS-0410-06.
Commissioner Carey discussed with Frank Raymond, Administrative Services Director, Item #4, stating she wants staff to make sure that they are looking for a basic fire station design that is functional and cost effective (Item #4, Negotiate Rates for PS-4053-08) and not another Taj Mahal. He said this will come back to the Board once the design is completed.
Motion by Commissioner McLean, seconded by Commissioner Carey to authorize and approve the following:
Purchasing and Contracts
3. Approve Amendment #2, as shown on page ________, to PS-0410-06/TLR with Earth Tech Consulting, Inc., of Orlando, Florida, to increase the total not-to-exceed Amount for the term of the Agreement by an additional $56,235.56.
4. Approve ranking list and authorize staff to negotiate rates for PS-4053-08/RTB - Architectural and Engineering Services for Seminole County Fire Stations with C.T. HSU and Associates P.A., of Orlando, FL. (Estimated Usage Amount of $500,000.00 over the term of the Agreement)
5. Award IFB-600564-09/GMG Term Contract, as shown on page ________, for Fence Repairs and Installation Services to Mike’s Iron Works and Industrial Services, Geneva (Primary Contractor), and KMG Fence, LLC, (Secondary Contractor).
6. Approve and authorize the Chairman to execute the Satisfactions of Second Mortgage, as shown on page ________, for the following households assisted under the County's Home Ownership Assistance Program or the Emergency Repair Housing Program: Autumn Michelle Beatty; Eric Lavoy Brown; Donald Homer Carder; Patricia A. Carlisle; Sharon Lynn Dear; Santander Escobar and Onil D. Medina; Adrian K. and Adrienne T. Fuller; Betty Hampton; Stanley R. and Shirley R. Irons; Veneita R. Knight; Veneita Rose Knight; Walter Lee; Paul L. and Norma L. Lundy; Omar and Isela Mastrapa; Cynthia Mouliert; Brenda Overton; and Jimmie L. and Linda M. Roberts.
7. Approve and authorize the Chairman to execute the Probation Judicial Inquiry System Interagency User Agreement, as shown on page _________, between the Office of the State Courts Administrator and Seminole County for access to criminal history and other criminal justice related information through the Judicial Inquiry System (JIS).
8. Approve and authorize the Chairman to execute an Agreement, as shown on page ________, with Florida Collegiate Summer League for the 2009 Seminole County-based 2nd Annual National High School Invitational in the amount of $10,000.00.
9. Approve and authorize the Chairman to execute an Agreement, as shown on page ________, with Florida Half Century Amateur Softball Association, Inc. for the State Senior Softball Tournaments in the amount of $15,380.00.
Planning Engineering Inspections
9A. Approve and authorize Chairman to execute the First Amendment to Right-of-Way Consent Agreement and Memorandum of ROW Consent Agreement, as shown on page ________, with Florida Power & Light (FP&L) for the SE Lake Hayes Water Transmission main under construction south of Chapman Road between Aloma Avenue and Alafaya Trail.
10. Approve to submit a Grant Application to the U.S. Department of Homeland Security requesting $40,000.00 through their Fire Prevention and Safety Program for the purchase of an All Hazards Fire Safety Trailer; and authorize the County Manager to execute supporting documents.
11. Pulled from the agenda request to approve and authorize the Chairman to execute Resolution implementing Budget Amendment Request (BAR) #09-29 through the Neighborhood Stabilization Grant Fund in the amount of $7,019,514.00 to increase funding for the Neighborhood Stabilization Grant program.
12. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-42, as shown on page ________, implementing Budget Amendment Request (BAR) #09-32 through the 1991 Infrastructure Sales Tax Fund in the amount of $150,000.00 to establish and provide initial funding for the State Road 46 and State Road 415/East Lake Mary Boulevard Intersection Improvements project.
13. Approve and authorize the Chairman to execute Budget Change Request (BCR) #09-05 through the 2001 Infrastructure Sales Tax Fund in the amount of $750,000.00 in order to provide funding for the Markham Woods Road Wall project and to reduce the approved scope of the existing Markham Woods Road Add Center Lane Phase 1 project.
14. Approval and authorization to schedule and advertise a public hearing giving consideration to establishing an aquatic weed control MSBU for Lake of the Woods.
Planning and Development
15. Authorize the release of the Christian Life Center Maintenance Agreement and Irrevocable Letter of Credit #176 in the amount of $3,999.00 for the Christian Life Center road improvements.
16. Authorize the release of the Clifton Park Subdivision Maintenance Bond for Streets, Curbs and Storm Drains #024-010-905-M2 in the amount of $216,599.95 for the Clifton Park Subdivision road improvements.
17. Authorize the release of the Hawthorne Glen Townhomes Private Road Maintenance Bond #929273577 in the amount of $126,207.51 for the Hawthorne Glen Townhomes road improvements.
18. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-43, as shown on page ________, for Country Club Road (C15) to increase the speed limit from 30 miles per hour (MPH) to 35 MPH between Lake Mary Boulevard and Main Road.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner McLean, seconded by Commissioner Carey to authorize and approve the following:
19. Authorize binding written offers/offers of judgment relating to the Chapman Road improvement project for Parcel Numbers 708, 109, 110, 111, 112, 115, 715, 116, 117, 118, 121, 134, and 148.
20. Authorize Chairman to execute Chapman Road Subordination of Utility Interest Agreement, as shown on page _______, (Parcel Numbers 104, 145, 145A, and 146) between Seminole County and Bright House Networks, in conjunction with the Chapman Road improvement project.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley to authorize and approve the following:
21. Expenditure Approval Lists, as shown on page ________, dated February 9 and 16, 2009; and Payroll Approval List, as shown on page ________, dated February 19, 2009; Approval of BCC Minutes dated February 10, 2009; and noting, for information only, the following Clerk’s “received and filed”:
1. Right-of-Way Utilization Permit Maintenance Bond, as shown on page ________, in the amount of $20,391 for Old Lake Mary Road Right-of-way (SR 46).
2. Contract IFB-600530-08, as shown on page ________, with R. H. Paradise Construction.
3. Work Order #20, as shown on page ________, to PS-5175-04.
4. Work Order #6, as shown on page ________, to PS-5181-05.
5. Work Order #111, as shown on page ________, to PS-5165-04.
6. Adopted Annual Budget for Seminole County Government for FY 2008/09.
7. Parks Contracts, as shown on page ________, for Services with Ed J. Schierholzer and Arthur Eugene O’Dell.
8. Agreement CC-3949-08, as shown on page ________, with Premus of Orlando, Inc.
9. Copy of fax dated February 5, 2009, to Drew Jeter, CH2M Hill, Inc., from Bruce McMenemy, Chief Deputy Clerk, regarding payment under Work Order #24 to PS-5190-05.
10. Work Orders #43 and #44, as shown on page ________, to PS-1074-06.
11. Work Order #5, as shown on page ________, to PS-0722-06.
12. Copy of fax dated February 5, 2009, to Drew Jeter from Bruce McMenemy and fax dated February 6, 2009, to Bruce McMenemy from Drew Jeter regarding payment under Work Order #24 to PS-5190-05.
13. Copy of fax dated February 9, 2009, to Drew Jeter from Bruce McMenemy regarding Work Order #24 to PS-5190-05 payment rejection.
14. Closeout, as shown on page ________, of Work Order #10 to CC-1284-06.
15. Amendment #1, as shown on page ________, to PS-0410-06.
16. Performance and Payment Bonds, as shown on page ________, relating to CC-3954-08, Comanco Environmental Corporation.
17. Work Order #4, as shown on page ________, to PS-537-99.
18. Change Order #5, as shown on page ________, to RFP-0613-06.
19. Copy of fax dated February 9, 2009, to Drew Jeter from Bruce McMenemy, and fax dated February 10, 2009, to Bruce McMenemy from Drew Jeter regarding Work Order #24 payment rejection.
20. Closeout, as shown on page ________, of Work Order #23 to CC-1075-06.
21. Change Order #1, as shown on page ________, to Work Order #27 for CC-1075-06.
22. Work Order #23, as shown on page ________, to CC-1741-07.
23. Work Order #90, as shown on page ________, to PS-5150-03.
24. Change Order #1, as shown on page ________, to CC-3519-08.
25. Copy of Limited Review of DCR Engineering Services, Inc. Contract (RFP-600193-07) prepared by the Internal Audit Division, Clerk of the Circuit Court.
26. Amendment #2, as shown on page ________, to Work Order #1 for PS-2144-07.
27. Change Order #1, as shown on page ________, to Work Order #73 for CC-1220-03.
28. Change Order #2, as shown on page ________, to CC-2938-07.
29. Change Order #2, as shown on page ________, to CC-2059-07.
30. Amendment #1, as shown on page ________, to Work Order #43 for PS-1529-06.
31. Work Order #108, as shown on page ________, to PS-5165-04.
32. Copy of fax dated February 9, 2009, to Drew Jeter from Bruce McMenemy and fax dated February 13, 2009, to Bruce McMenemy from Drew Jeter regarding Work Order #24 payment rejection.
33. Third Amendment, as shown on page _______, to PS-567-00 with Inwood Consulting Engineers, Inc.
34. Amendment #2, as shown on page ________, to Work Order #6 for PS-567-00.
35. Maintenance and Escrow Agreement and Cash Maintenance Bond, as shown on page ________, in the amount of $506 for Palm Valley Walgreens.
36. Addendum #1, as shown on page ________, to the Lake Mary Westin PUD Developer’s Commitment Agreement.
37. Certified copy of recorded Satisfaction of Lien, as shown on page ________, for HSBC Bank USA, Trustee, as approved by the BCC on November 18, 2008.
38. Development Orders, as shown on page ________, as follows: William Roberts, 1216 Brampton Place; Michael W. & Karith E. Barclay, 1111 Oranole Rd.; Sandra Hay Bell, 114 Pine Needle Lane; Adan & Rosa Alcala, 1307 Lake Asher Circle; Veronica & Charles Beckwith, 561 Auburn Avenue; Allan Lugo, 1811 Carlton Street; Mark Robertson, 785 St. Johns River Drive; Catherine Ponsell, 1420 W. Marvin Street; Scott & Kelly Ryan, 422 Devon Place; Samuel Stewart, 1381 Oxford Road; Mario & Miriam J. Enamorado, 626 Barbuda Way; Jesus N. & Miriam H. Montanez, 3504 Lina Lane; John D. Hunter, 125 Shirley Avenue; Ronald L. Shaw, 3067 Cecelia Drive; James F. & Sandra M. Bedont, 937 Millshore Drive; Noah DeFalco, 5650 Orange Boulevard; James and Lisa Palmer, 2201 Peninsular Court; Good Commercial Holdings, LLC, 4500 Orange Boulevard; George Martin, 1875 Division Street; and Charles V. Evans, 2031 Collier Drive.
39. Amendment #1, as shown on page ________, to Agreement M-2714-08 with Riley & Company, Inc.
40. Amendment #1, as shown on page ________, to Work Order #25 for PS-1529-06.
41. Change Order #2, as shown on page ________, to Work Order #11 for CC-1284-06.
42. Work Order #75, as shown on page ________, to CC-1220-03.
43. Work Orders #49 and #50, as shown on page ________, to PS-1074-06.
44. Work Order #17, as shown on page ________, to RFP-0013-05.
45. Amendment #10, as shown on page ________, to Term Contract RFP-4242-05 with Asphalt Recycling, Inc.
46. Term Contract IFB-600568-09, as shown on page ________, with Key Chemical, Inc.
47. Amendment #1, as shown on page ________, to Work Order #14 for PS-1529-06.
48. Closeout, as shown on page ________, of Work Order #13 to CC-1741-07.
49. Bids as follows: IFB-600532-09; RFP-600561-08; RFP-600521-08; RFP-600562-09; IFB-600564-09; RFP-600594-09; and RFQ-600602-09.
22. Approval of Budget Amendment Resolution #2009-R-44, as shown on page ________, recognizing $59,300.00 in additional FY 2008/09 Homeland Security Grant revenues and correspondingly increasing the Sheriff's FY 2008/09 operating budget by an equivalent amount.
Districts 1, 2, 3, 4 and 5 voted AYE.
Maryanne Morse, Clerk of Circuit Court, addressed the Board to state the County Manager responded to a couple of the interim findings, but she feels there are a few issues that needs the Board’s direction. She stated 25 work orders have been issued by CH2M Hill and 17 are fixed fees and that means eight of them are not. She said it has gone from a basis of project management to including inspectors on a fixed fee basis and she feels that should be on a time basis. For example, Work Order 24 four inspectors were hired under fixed fee basis for 23 days a month for 17 months. She said she finds it inconceivable that they would be working that amount of time every month and they would be on the job eight hours a day. She recommended that they do fixed fees on a temporary basis until they can put in some internal controls and safeguards. CH2M Hill has complied with the recommendation that the Purchasing Dept. get back into monitoring the contracts. She said according to information she received those work orders under the fixed fees would not be subject to audit. She stated she feels that in itself is a tremendous potential problem for the County in the long run as well as the short term. In addition, she said she would recommend that work orders over a certain amount should come directly to the Board. She stated she thinks it behooves the Board to understand what is in these work orders. Work Order #20 is currently outstanding and it is worth $20 million and the Board has never seen it. She added the problem they have now is there is no budget authority to pay any bills under this contract and that creates a major issue. She stated she is in the process of discussing with a variety of individuals that could do the audit. However, if they cannot audit fixed fees, that will be a big problem. Interim Recommendations/Discussion Items and Memorandums relating to Work Orders #20 and #24 were received and filed.
Ms. Coto stated CH2M Hill has submitted a letter indicating that they agree to cooperate with regard to any audits. She stated Work Order #20 is the majority of the first bond issue and she is currently working with Fiscal Services to put those dollars within the budget. Mr. Forte and Mr. McMenemy have been working together in looking at a collaborative effort in hiring a professional auditing firm to proceed forward.
Ms. Morse pointed out that CH2M Hill’s letter indicated that they are willing to be totally cooperative with regard to reviewing the contract terms and audible work performed. She stated the question is does the word “audible” include fixed fees and until there is an answer, she feels they are on hold with regard to the auditor. If CH2M Hill is not going to provide the information needed to audit this, it seems silly to waste the money to even try to do it.
Commissioner Carey stated everyone needs to understand that construction engineering, the dynamics of the design, construction and inspections are very specialized, and she feels they should move forward in getting a third party auditor on this, but have someone who specializes in that field.
Commissioner Henley stated he doesn’t have a problem with fixed fees as long as they provide information to help them understand whether or not it is fair. He said if they couldn’t get the basis on which they have the fixed fee, he would not support the fixed fee nor would he support the company.
Commissioner McLean stated he would have to agree with Commissioner Carey’s comments relative to the fixed fee concept. The Board may have an opportunity to better understand what the original agreement was. They have to remember that it is preliminary assessments, interim recommendations, and now they have a foundation to work from that. The next step is to obtain a professional auditing firm who deals with these issues every day as the magnitude is great.
Commissioner Van Der Weide stated the Board doesn’t have a choice but to go with a third party auditing firm. He said it concerns him that they start getting information and the County Manager is left out of the loop. If there are some flaws in the contract, they need to move on to correct them.
Commissioner Henley stated the Board needs to have an understanding as to who is going to pay for this and who the auditor is going to report to.
Commissioner Carey stated there are a handful of firms that performs program management auditing. She added she feels there has to be some dollar threshold if work orders are over a certain dollar amount, then it should come to the Board.
Ms. Coto stated the County has a capital improvement program and it is funded through the bond issue, connection fees and reserves, which is about a $323 million program.
Lisa Spriggs, Fiscal Services Director, addressed the Board to explain in general they budget a total budget for capital projects.
At the request of Commissioner Carey, Ms. Coto explained how the projects will be broken down.
Chairman Dallari stated he believes there is consensus from the Board to have a policy come back to them with regard to approval of work orders over a certain threshold.
Commissioner Henley stated the issues that the Board is requesting is to move forward with the contract, the threshold, and fixed fees. He stated he feels there should be an audit on fixed fees to determine whether or not it is fair.
Robert McMillan, County Attorney, addressed the Board to explain what is generally done with fixed fee contracts. Discussion ensued.
Commissioner McLean stated he feels they should split the cost of the audit between the Clerk’s office and the County Manager’s office and have dual reporting. He would recommend hiring a professional auditing firm and to work on a joint venture language between the Clerk’s office and the County Manager’s office so that they can access the information to get the best result.
Commissioner Van Der Weide stated the point is they need to get this resolved and to move forward. He said he is not willing to throw the County Manager under the bridge while this process is going on. CH2M Hill is very willing to cooperate with the Clerk and maybe they can get to the point where they are willing to participate in paying for this.
Ms. Morse read into the Record an e-mail dated March 6 from Mr. Forte indicating that he and Ms. Coto concur that the auditing firm will report to her, and together they can develop the scope, select the firm and participate in all meetings.
Ms. Coto stated that discussion was at a staff level.
Commissioner Carey stated there are a lot of firms that do auditing but there are very few firms that have the experience doing program management auditing. She stated she feels it is important that the County be involved in the process and collaboration between the County and the Clerk is important. She said she feels it is important that they make sure that whatever has happened with this contract is accurate and full disclosure is there.
Chairman Dallari stated the consensus of the Board is to ask Ms. Coto to report back to the Board as to what auditing firm will be chosen and to have dual reporting on same.
Commissioner Carey stated she feels it needs to be a joint effort as to who they are going to select. Therefore, the County Manager and the Clerk needs to work together in hiring the auditor and to pay for the auditor, and the information will flow .
Ms. Coto stated she understands it will be a firm that has experience in auditing program management.
Commissioner Henley stated the Clerk indicated that there were 17 work orders for fixed fees and he would like assurance that they will have the necessary documents to support the fixed fees.
Ms. Coto advised she is not aware of any work orders that are pending.
Upon inquiry by Commissioner Henley, Ms. Coto advised some of the work orders were issued under the previous Deputy County Manager and some were signed by her.
Ray Hooper, Purchasing Manager, addressed the Board to state the Code does require that all work orders regardless of time and material, are fixed fees and they require backup to substantiate that price. He stated based on his review the documentation is attached to the work orders unless they have been removed.
Upon inquiry by Commissioner Carey, Ms. Coto advised the signature authority was given to her for items in the amount of $50,000, but the Board gave her signature authority for Environmental Services work orders relating to CIP and Water and Sewer with no limit.
Commissioner Carey stated she believes the Board needs to establish the dollar amount threshold.
Commissioner Van Der Weide stated the signature authority has fluctuated considerably over the years. Discussion ensued.
Commissioner Henley requested staff to research that decision and provide it to the Board.
Chairman Dallari stated he would like to know which work orders are opened that the system is fully operational.
Commissioner Carey stated it might be beneficial to have the dollar threshold two-tiered to see if the fee or the construction exceeds a certain dollar amount.
Bryan Nipe, Leisure Services Manager, addressed the Board to request approval for staff to proceed with the restoration or removal of the existing structure (cabin) on the Lake Harney Wilderness Area. He reviewed the nine staff findings as outlined in the agenda memorandum. He said staff recommends razing and removing the structure and restoration of the underlying Indian midden 8Se13.
Commissioner Carey stated she has visited the site and she was surprised with what was done to the building. She stated it is not functional because it hasn’t been taken care of and it isn’t historical the way it is standing now. When the park at Lake Harney goes under water, this building is under water as well. She said she feels there are some things they can do to enhance the property, but restoring this building would not be one of them.
Motion by Commissioner McLean, seconded by Commissioner Carey to authorize staff to proceed with the removal of the existing structure (cabin) at the Lake Harney Wilderness Area and restoration of the underlying Indian midden 8Se13.
Districts 1, 2, 3, 4 and 5 voted AYE.
Jerry McCollum, County Engineer, addressed the Board to state staff is recommending the prototype structure for construction of a Pedestrian Overpass over Red Bug Lake Road at Red Bug Lake Elementary School. He displayed a location map of the structure at the Red Bug Lake Road Elementary School. He displayed and reviewed the Recommended Prototype Bridge and stated the cost of same will run between $2.7 million to $3 million. He reviewed the Switchback Ramp Concept and stated a stair could be added and would cost about $80,000 for both sides. He displayed and reviewed the Cost Table of the Pedestrian Overpass Alternatives. He stated he informed the city of Oviedo that they need to let him know what they want at the Aloma and Red Bug Road site. He displayed a sketch (not received and filed) of what type structure the City wanted. He stated the cost would be a little more and the maintenance would be higher as well. He said he informed the City that if the BCC chose this structure, the City could pay the cost differential as well as an agreement would be needed for the City to do the maintenance.
Upon inquiry by Commissioner Henley, Mr. McCollum advised he doesn’t believe the site is within the city limits of Oviedo. He stated several of the overpasses have been built within city limits and that city is maintaining them.
Commissioner McLean stated9 this structure is a little different than the one in Lake Mary. In this case, they have a standard base line but they are getting an alternative from another source. He stated if this is what the City wants to do, he feels it is appropriate that they take on the difference in cost.
Commissioner Carey stated if they have a prototypical design and the city of Oviedo wants an alternate, then they should have to pay for the design and the upgrade cost differential.
Mr. McCollum informed Chairman Dallari that he doesn’t see why they can’t place both designs on the street at the same time and whatever the price differential is that’s what it would be.
Commissioner Carey stated she hasn’t supported these pedestrian overpasses and she is glad that they are trying to get the cost down, but she still believes that these are not necessary especially in these economic times.
Motion by Commissioner McLean to adopt the recommended prototype structure for construction of a Pedestrian Overpass over Red Bug Lake Road at Red Bug Lake Elementary School as well as the overpass at Aloma and Red Bug Road.
Mr. McCollum stated he feels it may be better to bring back the overpass at Aloma and Red Bug Road at the next Board meeting.
Upon inquiry by Ms. Coto, Mr. McCollum advised the Oviedo City Council has not taken official action on the Aloma overpass. They will be taking action on Monday, March 16, 2009.
Commissioner Carey suggested that they put these two overpasses out to bid at the same time and the City can still take action on that issue.
Commissioner McLean amended his motion to adopt the Standard Prototype Structure for the construction of a Pedestrian Overpass over Red Bug Lake Road at Red Bug Lake Elementary School.
Commissioner Henley seconded the amended motion for discussion.
Upon inquiry by Commissioner Henley, Mr. McCollum advised the Red Bug Elementary School overpass was listed under the Same Generation Sales Tax when the original Trail Referendum was done, but the one at Aloma and Red Bug Road was not identified.
Commissioner Henley stated the Board committed to the ones under the referendum, but he would be hesitant doing others until they know what the cost would be as it keeps escalating more and more.
Commissioner Van Der Weide stated the Board is obligated to build the ones that are under the referendum. He stated he feels that any upgrades have to be paid for by the City.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey voted NAY.
COUNTY ATTORNEY’S BRIEFING
COUNTY MANAGER’S BRIEFING
Ms. Coto informed the Board that a new Lynx route service is going to start on April 27 and it will be known as Lynx 434. She stated some of the things that Lynx has been working with the County on in getting this information out to the public relating to ridership is they will be doing ads on SGTV with regard to the new route as well as placing flyers at the libraries and other areas.
Commissioner Carey recommended getting with the TV stations to see if they can do some announcements on that. She said she feels it would be helpful to put this on the local TV channels.
Ms. Coto stated staff can do that and staff will be doing a press release as well and they will send that to the media.
Chairman Dallari recommended contacting the radio stations as well and also the Hispanic TV stations.
Chairman Dallari recessed the meeting at 10:55 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize the filing of the proof of publication for this meeting’s scheduled public hearing.
Districts 1, 2, 3, 4 and 5 voted AYE.
SMALL SCALE LAND USE AMENDMENT &
REZONING FROM A-1 TO PUD, JUDY STEWART, Cont.
Continuation of a public hearing to consider a Small Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD) and Rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) on 4.7 acres, located on the south side of the intersection of Slavia Road and Red Bug Lake Road, as described in the proof of publication, Judy Stewart.
Ian Sikonia, Senior Planner, addressed the Board to present the request, advising the proposed Preliminary Master Plan indicates that the project will contain a total of 60,000 square feet of commercial/office space. He stated that since the last meeting on this request, the applicant has agreed to only a right-in/right-out on Slavia Road. Because of that, staff has revised their recommendation and is now recommending approval of the request.
Upon by inquiry Commissioner Henley, County Engineer Jerry McCollum, advised there are existing sidewalks on Red Bug Lake Road; and there will be sidewalks on Slavia Road when projects come forward for development.
Judy Stewart, David Schmidts Engineering, addressed the Board to advise she concurs with the staff recommendations and will answer any questions.
No one else spoke in support or in opposition.
Motion by Commissioner McLean, seconded by Commissioner Carey to adopt Ordinance #2009-7, as shown on page _______, granting a Small Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD); adopt Ordinance #2009-8, as shown on page _______, granting rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); and Preliminary Master Plan and Development Order, as shown on page _______, for 4.7 acres, located on the south side of the intersection of Slavia Road and Red Bug Lake Road, as described in the proof of publication, Judy Stewart.
Under discussion, District Commissioner Dallari requested the applicant coordinate, if possible, common ground for a cross access easement. He added that he would recommend that this project be approved.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO VACATE & ABANDON,
Efren & Debbie Yero
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of a drainage and greenbelt easement as recorded on Lot 10, Dawn Estates, in Section 02, Township 20 S, and Range 29 E, and further described as 3431 Dawn Court, Efren & Debbie Yero, received and filed.
Planner, Brian Walker, addressed the Board to present the request, advising the subject easement runs along the back portion of the applicant’s property and is 20 feet deep and 205 feet long. The vacate is needed in order to accommodate a pool deck. He further advised that the staff recommends approval of the request.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-45, as shown on page _______, vacating and abandoning a portion of a drainage and greenbelt easement as recorded on Lot 10, Dawn Estates, in Section 02, Township 20 S, and Range 29 E, and further described as 3431 Dawn Court, as described in the proof of publication, Efren & Debbie Yero.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated after speaking with the County Manager, he is recommending that the Volunteer Appreciation Dinner be cancelled; and that letters of appreciation be sent expressing the Board’s thanks for the volunteers’ service.
The Board, by unanimous consensus, agreed to sending letters of appreciation instead of hosting a dinner.
Chairman Dallari said Congressman Mica’s office has discussed the possibility of extending the trail from Seminole to Volusia County. If the Board decides to move in this direction, it would be an 80-20 funding split. Bike Florida Tours brochure was received and filed.
Upon inquiry by Commissioner McLean, Ms. Coto advised that the 20% split would be approximately $400,000. She said the County has projects within its own trail system which need to be completed, including the “missing link”.
Commissioner Carey stated she would hate to get the focus off the pieces of the trail that Seminole needs to do.
Commissioner Henley said that as desirous as this might be, he cannot support it because of the cost involved and because of the other County priorities.
The Chairman clarified that the consensus of the Board is that because of the County’s priorities and the downturn of the economy, he will inform Congressman Mica’s office that Seminole County will not be able to move forward with the Seminole/Volusia County extension of the trail.
Chairman Dallari requested that all suggestions regarding budget cuts submitted to Commissioners be given to the Lead Aide so that she can compile a list and make copies available to all Commissioners. Also, they should be given to the County Manager as well.
The Chairman advised the School Board has requested the BCC do a resolution of support regarding the infrastructure sales tax initiative and converting the use of the funds for operational purposes.
Discussion ensued between the Board members with regard to whether this is for the current tax or the new proposed tax.
Commissioner Carey questioned if the School Board has built the schools that were included in the referendum.
Chairman Dallari stated he will obtain more information on this request and bring it back to the Board.
Chairman Dallari requested the County Manager ask the State Department of Health to come before the BCC to make a presentation regarding the Wekiva study area.
Commissioner Carey stated she was going to bring this issue up under her report, but is willing to discuss it now. She said she brought this issue to the Board at the last meeting and the Board, by unanimous vote, agreed that a letter would be sent to the Governor outlining concerns for going ahead with rule making when the study is not complete. She advised that she has learned that the Department of Health’s intent is to file the Notice of Rule Making which will start a 90-day clock. She said because Chairman Dallari refused to sign the letter the Board voted unanimously to send, she sent the letter under her signature. She further said that time is important because one of the rules will require homeowners to replace their perfectly good working septic system before they sell their homes. This will cost Seminole County residents over $2 million. She requested that the original letter, as unanimously voted on by the Board at their last meeting, be sent out immediately.
Chairman Dallari stated that he is not denying that this is a critical issue, but he would like to have additional information.
Commissioner Henley said that more information is needed; however, it concerns him that the Department of Health has decided to move forward on rule making prior to receiving the study. He questioned how soon they can get the Department of Health before the Board and added that he does not see anything wrong with voicing the Board’s concern on this issue.
Ms. Coto advised she can request the Department of Health to be present at the next BCC meeting.
Commissioner Carey reiterated that the letter the Board voted upon should be sent.
The Chairman stated he would agree to send a simple letter voicing concerns, but would not want to have it in opposition until more information is received.
Commissioner Carey stated the initial letter was supposed to be a letter voicing concerns and she wants that to move forward.
Commissioner Henley agreed that the urgency is greater now because the Department is moving forward in spite of all the opposition.
Commissioner McLean stated he believes it makes sense for the Board to not move too quickly in opposing this until all the information is available.
Commissioner Henley commented that the information has been available for three years.
Commissioner Van Der Weide stated that Commissioner Carey is correct that all the Commissioners agreed to send the letter. Apparently, some have changed their minds; but he has not and he does not see any harm in voicing concerns about this issue and asking for a briefing from the Department of Health.
The Board, by majority consensus, directed that a letter be sent immediately to the Governor voicing concerns about the Department of Health moving forward with rule making for the Wekiva Basin Area prior to receipt of the study; and the County Manager to ask that the Department of Health attend the next BCC meeting to provide information on same.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner McLean requested approval for him to travel to Tallahassee tomorrow to attend the Senate session on SunRail.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize travel for Commissioner McLean to go to Tallahassee on March 11, 2009 to attend the Senate session on SunRail.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner McLean advised he was in Tallahassee yesterday to attend the Intergovernmental Relations Committee meeting and to meet with some of the members of the County’s Legislative Delegation regarding the County’s legislative agenda.
Commissioner McLean stated he attended the Orlando/Sanford Airport Authority meeting where there was discussion about a proposed airport/wildlife bill.
Commissioner McLean advised he attended the CALNO meeting held at Lake Mary City Hall and the primary discussion was about budgets.
Commissioner McLean said he attended the Seminole County Prayer Breakfast and commended Mrs. Judy Van Der Weide for an excellent job as emcee.
Commissioner Van Der Weide commented that he is receiving a lot of inquiries as to why the County is widening Bunnell Road because people do not seem to understand that they voted for the widening on the sales tax referendum.
Commissioner Henley updated the Board on LYNX, stating the one funding partner who has not paid a penny to LYNX has agreed to forward the check and sign the agreement. He said they are continuing to have challenges with the partners of LYNX. He advised that they did send in a large report regarding the “Stimulus Package” money for transportation; however, most of the money is for infrastructure. He added that it looks like they only will be getting some bus shelters.
Commissioner Henley advised he received a request for him to travel to Tallahassee on March 18 to attend the meeting on SunRail.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize travel for Commissioner Henley to go to Tallahassee on March 18, 2009, to attend a meeting regarding SunRail.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey advised of a request from David Smith of the Celery City Cruisers who have held their car show on the grounds of the Museum for 25 years. This year they were told there would be a rental fee of $32 per hour. She said when the Board adopted the new fee resolution in November, the non-profit organizations were exempt from paying fees for the Ag Center, but the grounds were overlooked.
Upon inquiry by Commissioner Henley, Ms. Coto advised staff does help with the set-up. She added that there is a 25% discount for non-profits.
Leisure Services Director, Joe Abel, addressed the Board to advise this is a one-day event and they do use the Museum’s restrooms. He said the Museum is usually open from 9:00 a.m. to 1:00 p.m. on Saturdays, and the hours would be extended for this event. He further said that there is a cost to the County whether this is a non-profit or not and the fee is so that the County can recoup some of that cost.
Commissioner Carey suggested waiving the fee for this event since the Museum is open from 9:00 a.m. to 1:00 p.m. and have them pay whatever the County’s cost is to cover the Museum being open for any time after 1:00 p.m. She added that she would like to see the $32/hr. fee come back to the Board for more discussion.
Commissioner McLean agreed with Commissioner Carey.
Motion by Commissioner Carey, seconded by Commissioner McLean to waive the $32/hr. fee for the Celery City Cruisers to hold their annual classic car show on the grounds of the Seminole County Historical Museum in the spring.
Under discussion, Commissioner Carey requested the County Manager contact the club about the length of time they will have the show on the grounds; and if they need more time than what the Museum is open, advise them of the cost for same. Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated there are many new things that are acceptable for recycling and she requested a public service announcement be made for the citizens so that they know what they are.
Commissioner Carey announced that on March 14 at 11:00 a.m., at the Lake Mary Marriott, the Annual Teal Magnolia Luncheon to benefit the Ovarian Cancer Alliance of Florida will be held.
Commissioner Carey wished everyone a Happy St. Patrick’s Day and noted she gave each Commissioner a recycled “green” pencil.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of letter dated 2/23/09 from Bryan Nipe, Greenways & Natural Lands Manager, to the Nims Family in appreciation of donation in memory of Kathy Nims.
2. Copy of letter dated 2/18/09 from Ann Esterson to Dori DeBord, Planning & Development Director, re: proposed mosque on Myrtle Street.
3. Copy of letter dated 2/27/09 from Cindy Coto, County Manager, to David Mealor, Lake Mary Mayor, and Dr. Bill Vogel, Superintendent of Seminole County Public Schools, re: school facility joint funding and use agreement (“Lake Mary High School Pool Agreement”).
4. Letter (with attachments) dated 2/25/09 from Cynthia Porter, Sanford Deputy City Clerk, to BCC re: annexation of property between CR 46A/Briarcliffe St. and Grenada Ave./Marshall Ave.
5. Copy of letter (with attachments) dated 2/25/09 from Dahlia Kasperski, FEMA, to Chairman Dallari re: Seminole County Flood Insurance Study and Flood Insurance Rate Map.
6. Copy of letter dated 2/27/09 from Michael Davenport, Comcast, to Cindy Coto, County Manager, re: cable programming and cost changes.
7. Copy of letter (with attachments) dated 3/3/09 from Commissioner Brenda Carey to Governor Charlie Crist re: rules proposed by Florida Dept. of Health for the Wekiva Study Area.
8. Fax copy of memorandum dated 2/27/09 from Skip Bafalis and Jim Davenport, Alcalde & Fay Consultants, to Cindy Coto, County Manager, Sabrina O’Bryan, Assistant County Manager, Lisa Spriggs, Fiscal Services Director, and Susan Dietrich, Assistant County Attorney, re: legislative progress report.
9. Copy of letter (with attachments) dated 2/23/09 from Norman Horton, Jr., Messer Caparello & Self, Attorneys at Law, to Mayors and CEOs of Counties and County Librarians, re: PSC Docket #080366-GU, Petition for increase in rates charged to natural gas customers.
10. Letter (with attachment) dated 2/17/09 from Cyndi Stevenson, St. Johns County Commission Chairman, to BCC re: resolution in support of educational funding.
11. Notice of 3/11/09 Altamonte Springs Public Hearing re: transfer of development rights within Uptown Altamonte project.
12. Copy of letter dated 2/18/09 from Kirby B. Green III, SJRWMD Director, to Governor Charlie Crist re: SJRWMD 2009 Consolidated Report.
13. Letter dated 2/26/09 from Congressman John Mica to Chairman Dallari re: $26 million in federal assistance in the 2009 Stimulus Bill for Central Florida Commuter Rail and other projects.
14. Letter (with attachment) dated 3/4/09 from Blanche Sherman, LYNX, to Chairman Dallari re: LYNX quarterly reports as of 12/31/08.
15. Copy of letter dated 3/4/09 from Chairman Dallari to Nathan A. Skop, Public Service Commission, re: opposition to rate increase for Aqua Utilities. (IDENTICAL LETTERS SENT TO PSC COMMISSIONERS NANCY ARGENZIANO, LISA POLAK EDGAR, KATRINA J. MCMURRIAN, AND CHAIRMAN MATTHEW M. CARTER II.)
16. Letter (with attachments) dated 3/3/09 from Mike Napier, Seminole County Health Dept. Administrator, to Chairman Dallari re: 2008-09 contract with FL Dept. of Health for operation of the Seminole County Health Dept.
COUNTY MANAGER’S REPORT
Assistant County Manager, Sabrina O’Brian, addressed the Board to give an update on the Legislative Program, advising she has flagged, for watching, approximately 55 bills ranging from environmental concerns to transportation and education. She said there are 6 bills dealing with education and she will email the summaries of those to each Commissioner. With regard to the school sales tax referendum, there are still 3 schools pending for renovation – they are Oviedo, Red Bug Lake and Sterling Park. She reviewed Senate Bill 360/Growth Management and Senate Bill 630/Moratorium on Imposition or Collection of Impact Fees and stated staff is working closely with the County’s lobbyist on these and will closely monitor them. She said that they are also closely watching a proposed irrigation bill that is pending. She reviewed House Bill 605, advising this deals with the Special Risk Class retirement benefits and would extend the time in DROP from five to eight years. She also advised the TABOR (revenue and expenditure caps) is back under SB 1906 and HB 1263. She stated the Governor announced last week that his budget includes $600 million in revenue caps and FAC is opposed to this legislation. She said she will continue to watch SB 1970 which clarifies the application of the requirement to collect and remit taxes on the full amount charged by internet intermediaries for hotel room rentals.
With regard to SunRail, Ms. O’Brian advised there is HB 7009 and SB 1212 and Commissioner McLean will be going to Tallahassee tomorrow with regard to same. She stated there are two large pots of funding for law enforcement under the Federal Stimulus Package under the Byrne Justice Assistance Grant (Seminole County will receive $259,567) and the COPS Hiring Recovery Program. She added that it doesn’t look like any of the County’s Department of Environmental Protection projects will receive any funding. However, staff is currently monitoring 39 grants that they are expecting to open up.
Commissioner McLean advised he was informed in Tallahassee yesterday of “grants.gov” and that the site should be monitored daily.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:45 p.m.