BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

MARCH 24, 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 24, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Mike McLean (District 2)

Commissioner Dick Van Der Weide (District 3)

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 Sandy McCann

Pastor Jody McKewen, 1^st Presbyterian Church, Sanford, gave the Invocation.

Commissioner Mike McLean led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-47, as shown on page _______, recognizing Gary A. Heath, Solid Waste Management Division, Environmental Services, for 31 plus years of dedication and commitment to Seminole County and its citizens upon his retirement on March 13, 2009.

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

The Resolution was presented to Mr. Heath, who addressed the Board to express his appreciation.

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Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-46, as shown on page _______, proclaiming the week of April 5 – 11 as “Children’s Week” in Seminole County and April 5, 2009 as “Parents’ and Children’s Day”.

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

The Resolution was presented to representatives of the Early Learning Coalition of Seminole who addressed the Board to express their appreciation for the Board’s support.

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Steve Ragsdale, representing the Westin Hotel Corp., addressed the Board to advise he has relocated to Central Florida in order to open the new Westin Hotel in Lake Mary. He introduced Mark Selaksy who is Director of Marketing for the hotel.

Clerk of Court Maryanne Morse entered the meeting at this time.

Mark Selaksy addressed the Board to distribute an informational hand-out (copy received & filed) and give an update on the opening of the hotel. He advised they anticipate a C.O. being issued so that the hotel can open in October of 2009. He said the hotel will have 14,000 square feet of flexible meeting space, two restaurants, a fitness center, and a heated swimming pool. He further said that they are looking forward to a strong opening with a mix of business travelers and visitors.

Upon inquiry by Commissioner Van Der Weide, Mr. Selaksy advised the ballroom can accommodate 500 (banquet seating), 720 (sale stalls), and 324 (school stalls). He further advised that they will be employing 160 people.

Chairman Dallari thanked Mr. Ragsdale and Mr. Selaksy for their presentation, stating it is nice to see business coming into Seminole County.

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School Superintendent Bill Vogel addressed the Board to thank them for being an important partner with the School Board. He stated as the Board is aware, because of the continuing decline in the sales tax and the budget cuts from Tallahassee, the School Board is again faced with a shortfall of about $65.5 million. He said that they are beginning their budget workshops today and he is proposing $40 million worth of cuts. If the District receives the Federal stimulus money, it would help out with approximately $22 million, but it is only for a two-year period of time. He stated that the only option the District has locally, is to ask the voters for additional millage and that would be in 2010. That would conflict with the time when they would like to renew the one cent infrastructure tax that is already in place. He further stated that they would like the ability to use the one-cent tax for operations and in order to do that they would have to have legislative approval. He asked the BCC to partner with the District in support of having the Legislature change the statutes dealing with the one cent. Information packet was received and filed.

Upon inquiry by Commissioner Van Der Weide, Dr. Vogel advised the School Board would still complete the list of projects that was promised for the one cent tax.

Commissioner Carey suggested Dr. Vogel put together a specific list of what the tax will pay for because she feels it would be difficult to have the voters support it if not.

Dr. Vogel stated he sees that as the next step if the Legislature gives the District the flexibility to use it for operations.

Commissioner Henley said that he believes the District is in this situation because the Legislature has failed to fulfill their constitutional duty to fund the school system. He further said because of the decline in enrollment, the need for capital improvements is not as great as it was several years ago. He added that he believes it is reasonable for the School Board to have the flexibility to use the tax for operations rather than only for capital projects.

Commissioner McLean suggested looking at a “sunset” provision for using the tax to fund operations.

Commissioner Carey stated it would be foolish for the School Board to rely on this tax for operations knowing it will sunset in ten years.

Commissioner Henley said he does not believe the citizens realize the number of changes that have been made in regard to funding for schools. The Legislature has taken over determining the amount of money that the school system can have and can levy through millage. Every year they have cut their budget and handed down unfunded mandates. He stated it is a terrible situation and getting worse every year.

Commissioner Van Der Weide stated that the BCC needs to work with their lobbyist and the School Board to try to change the statute.

The Chairman asked County staff to bring back at this afternoon’s meeting a resolution in support of the School Board’s effort to use the penny tax for operations. He also instructed staff to inform the County’s lobbyist that this effort will become a priority.

School Board Chairman DeDe Schaffner addressed the Board to state the Board’s support is critical to the District.

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Chief Gerald Briggs, Florida Department of Health/Bureau of Onsite Sewage Programs, addressed the Board to give a PowerPoint presentation (copy received & filed) on the Wekiva Study Area, advising under the Wekiva Parkway & Protection Act (2004) direction was given to the Department to study the effectiveness of onsite wastewater systems and, if appropriate, develop rules to protect the public health and environment. He said the Department looks at the language in that Act as a mandate. All nitrogen pollution sources are being addressed in the study area. He stated that there are 55,417 existing onsite sewage systems (13,228 in Seminole County) and 50,972 systems in sewer service areas. He discussed the Karst Study conducted at the Manatee Springs State Park which showed nitrate concentrations in excess of drinking water standards at many monitoring wells, and elevation of phosphorus levels. He advised the recommendations that came out of the report in 2005 were as follows: (1) Set a discharge limit of 10 milligrams per liter of total nitrogen in the primary and secondary Wekiva Study Area protection zones; (2) Prohibit land-spreading of septage and grease trap waste in the Area; (3) Evaluate economic feasibility of sewering versus nutrient removal upgrades to existing onsite sewage treatment and disposal systems; and (4) Establish new regional wastewater management entities or modify existing ones to oversee the maintenance of all wastewater discharged from onsite sewage treatment and disposal systems in the study area.

Mr. Briggs advised that in 2006 the Legislature appropriated money for the Department of Health to look at the onsite nitrogen load contribution to groundwater, assess the importance of onsite in comparison to other sources, and recommend cost-effective solutions. He reviewed the Inputs & Loads diagram and the pie chart estimating nitrogen inputs by source. He also reviewed the total nitrogen loads to the groundwater, estimating it to be 17 pounds per system.

Upon inquiry by Commissioner Carey, Mr. Briggs advised the study included three sites over a limited period of time. He further advised that he will provide information to the Board on the number of samples taken and where the sites are located.

Mr. Briggs advised that about 29 pounds of nitrogen (one large bag of fertilizer) each year leave a typical septic tank; about 17 pounds reach the groundwater from each system; and both the 2007 MACTEC study and the current estimates indicate that over 20% of the total load can be attributed to onsite systems. He discussed a graph showing the future OSTDS TN-load through the year 2017, stating excess nitrogen is a significant water quality problem and onsite systems are a significant contributor to the overall nitrogen load. He displayed the proposed rule language as follows: “The following standards shall apply in the Wekiva Study Area as defined in 369.316. F.S. (a) In areas not scheduled, by an adopted local wastewater facility plan, to be served by a central sewer system by July 1, 2012, performance based treatment systems with a total nitrogen discharge limit of 10 milligrams per liter at the outlet of the treatment receptacle shall be required for new systems, modifications, and repairs. No increase in the authorized sewage flow allowances of 381.0065(4)(a), (b), and (g) shall be allowed for use of these systems. (b) In areas not scheduled, by an adopted local wastewater facility plan, to be served by a central sewer system by July 1, 2012, prior to completion of any real estate transaction for property with an onsite sewage treatment and disposal system that does not meet the above-referenced standard, the seller must apply for and receive a construction permit to upgrade the system to a performance-based treatment system with a total nitrogen discharge limit of 10 milligrams per liter at the outlet of the treatment receptacle. The system must be installed and receive final approval from the department within 18 months of the issued date of the permit. (c) Land application of septage shall not be allowed.” He said this language has been advertised for public notice. He further said that the Technical Review Advisory Committee met in February and voted to table this issue until the study is completed.

Commissioner Henley commented that someone is pushing this hard because the Department is moving forward even though the Technical Committee voted to table the issue.

Mr. Briggs stated there is a lot of misinformation going around – one is that the system is too costly. He said the new systems are being installed in Wakulla County for $7,700 on average. He clarified the average maintenance cost is $300 annually and there is electric cost as they do require power. All the systems have been tested by third parties and the sampling on systems in the Florida Keys shows they are achieving a 50% to 75% reduction in nitrogen. He advised the next step is to hold workshops on the proposed rule.

Upon inquiry by Commissioner Henley, Mr. Briggs advised the public meeting will be held in the Wekiva area. He clarified for Commissioner Carey that the advertisement the Department did on the rulemaking in the Florida Administrative Weekly does not trigger any particular timeframe for adoption.

Commissioner Carey expressed her concern with the proposed rule, stating it could cost citizens over $900 million.

Commissioner Van Der Weide agreed that it is going to be very expensive for homeowners and that this has gone a long way from the original intent of the study.

Commissioner Dallari stated fertilizer is a larger percentage of the problem and questioned why the Department would not go after the fertilizer first. Whereupon, Mr. Briggs stated they are also looking at that issue.

Commissioner Carey questioned why the Department is not interested in waiting until the completion of the study before doing any rulemaking.

Mr. Briggs stated that the legislation was not just for the Wekiva area but state-wide.

Commissioner Henley said it is apparent the Department doesn’t intend to change anything or slow down on this; and he believes they are being arrogant.

John Byrd, Administrative Aide to Orange County Commissioner Brummer, addressed the Board to advise there is great debate on the 20% of load being attributed to onsite systems and that is why the Technical Committee voted to wait for the complete study results. He further advised that Orange County is moving forward with a fertilizer ordinance to deal with that problem and they have adopted a Resolution asking that the rulemaking be held until the study is completed.

Upon inquiry by Commissioner Carey as to whether Mr. Briggs would stop this process based on Orange and Seminole County’s request, Mr. Briggs stated he would not make that decision on his own. He added ultimately the Surgeon General will make that decision.

Mr. Briggs clarified for Mr. Byrd that the Department is not moving forward with the next rulemaking stage in April; but will wait until the Legislative Session is over. Mr. Byrd asked for that in writing from either Mr. Briggs or the Surgeon General. Mr. Briggs stated he will take that up with the executive staff.

At the request of Commissioner Carey, John Higgins, Vice President of the Markham Woods Homeowners Association, addressed the Board to advise he represents 2,800 residents and they have been very diligent in following this process. He said they don’t believe the Department of Health is being reasonable and believe their findings are unfounded scientifically. They also believe that the state of the technology being referred to is not ready for rules of this nature to be implemented. He said these new septic systems cannot take certain medicines and are electricity-driven so during power outages these systems will either back-up or fail as far as the new regulations go. The septic tank industry is not prepared to install the new systems and currently there are no people certified, either at the local or state level, to make sure these systems are working properly. He further stated that they do not know why Mr. Briggs and the Department are being so aggressive about this and they don’t know of anyone, other than one Senator and the Audubon Society, who are in favor of this. He urged the BCC to do everything in their power to tell the Department to slow down or stop this process altogether.

Chairman Dallari stated the Board does share the same concerns expressed by Mr. Higgins and he asked for consensus to write a letter to the Surgeon General informing her of what has transpired today and asking for a timeline to see if this process is slowing down as depicted by Mr. Briggs.

Commissioner Carey suggested also sending a resolution, similar to that of Orange County. The Chairman agreed, stating he would also like to address the issue of the fertilizer that is not being addressed by the Department.

Commissioner Carey advised of Senate Bill 274 being proposed which reduces the nitrate level further to 3% and there is no system out there that can address that. She added that this bill has very difficult consequences.

Upon inquiry by the Chairman, Ms. Coto advised staff can make the appropriate changes to the resolution and will bring it back to the Board at this afternoon’s meeting.

Commissioner McLean reiterated that there should be something added to the resolution addressing the fertilizer situation.

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The Chairman recessed the meeting at 11:20 a.m., reconvening it at 11:29 a.m. He then recessed the BCC meeting at 11:29 a.m. in order to convene the meeting of the U.S. Highway 17-92 Community Redevelopment Agency.

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Director of Planning & Development, Dori DeBord, addressed the Board to present request from Keep Seminole Beautiful and Homebuilders of America for funding in an amount not to exceed $25,000 for the cost of Earth Day EveryDay. She advised this is a fair that promotes environmental awareness and redevelopment within the U.S. 17-92 CRA. It is scheduled for April 25, 2009 at the 18^th Street Park on U.S. 17-92 in Sanford.

Upon inquiry by Commissioner Henley, Michael Barr of Keep Seminole Beautiful addressed the Board to advise there will be booth fees charged from $50 for non-profit to $100 for for-profit groups.

Commissioner Henley stated he believes Keep Seminole Beautiful is a worthy organization, but it concerns him to use the CRA money in this way as it would set a precedent.

Commissioner Van Der Weide said he shares the same concern as Commissioner Henley.

Commissioner Dallari stated the RPA approved this request, based on the rationale that this would be an educational event for the CRA.

Mr. Barr advised this will be a media event with two or three television stations present.

Commissioner Carey suggested funding in the amount of $7,100 for the marketing material, which can be tied back to the CRA. Discussion ensued.

Motion by Commissioner Carey, seconded by Commissioner Henley approve and authorize the Chairman to execute the funding proposal between the U.S. Hwy. 17-92 CRA and Earth Day EveryDay to be held on April 25, 2009 at the 18^th Street Park in Sanford in the amount of $3,300 for printed media material, subject to staff having a say in what the material says, making sure it promotes the CRA.

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

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Jeff Reine, LYNX, addressed the Board to give a PowerPoint presentation (copy received & filed) on the proposed upgrades to service levels and proposed capital investments along the U.S. Hwy. 17-92 Corridor. He briefly reviewed the following: Existing Capital Amenities located within the Corridor; Proposed Improvements; New Shelter Design; and appropriate locations.

Commissioner Carey stated the stop in front of the Criminal Justice Center needs upgrading as there are a lot of people who use it. She said there is adequate right-of-way there and it is embarrassing to the County that people are standing there in the weather.

Upon inquiry by Commissioner Henley, Mr. Reine advised that they will be putting in 26 shelters in Seminole County with the stimulus money. Commissioner Henley stated that out of the $22 million in stimulus money, Seminole County is only going to get a few bus shelters. The majority of the money will go to Orange and Osceola Counties. He requested Mr. Reine to take a look at the post office property at the corner of Ronald Reagan Boulevard as a possible stop.

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The Chairman adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 11:59 a.m., and reconvened the BCC meeting at this time.

COUNTY MANAGER’S CONSENT AGENDA

County Manager, Cindy Coto, presented the Consent Agenda, advising she is withdrawing Item #9, Request for award of RFP-600511-08/TLR and asking that Item #16, BAR #09-38 for the CH2M Hill Project, be pulled for a separate vote.

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

County Manager’s Office

7. Approval by the Board of County Commissioners to reimburse mileage expenses of $312.00 for Commissioner Mike McLean’s travel to Tallahassee to participate in the Senate meeting on SunRail, March 11, 2009.

Administrative Services

Purchasing and Contracts

8. Approve Work Order #10, as shown on page _______, for PS-2249-07/BHJ - Construction Engineering and Inspection Services (for construction projects less than $1,000,000.00) in the amount of $111,208.82 with PB Americas, Inc. of Tampa, Florida.

9. Withhold action with regard to request for award RFP-600511-08/TLR - Sheriff’s Office/Public Safety Building Access Control & CCTV System Replacement in the amount of $356,257.20 (including equipment subject to Owner direct purchase) to SiteSecure, Inc., Sanford, FL.

Community Services

Community Assistance

10. Approve and authorize the Chairman to execute the Community Services Block Grant (CSBG) Contract Modification, as shown on page _______, with an additional award amount of $15,831.00 to the original contract award of $230,521.00 for an amended contract award of $246,352.00 granted by the State of Florida Department of Community Affairs. Approval of an additional $3,166.00 cash match is required.

Fiscal Services

Administration

11. Request approval to submit a Grant Application to the Florida Fish and Wildlife Commission requesting $200,000.00 through their Florida Boating Improvement Program; approve and authorize the Chairman to execute appropriate Resolution #2009-R-48, as shown on page _______, in support of the project; and authorize the County Manager to execute other supporting documents as may be required.

12. Request approval to submit a Grant Application to the Florida Division of Emergency Management requesting up to $315,000 through their Hazard Mitigation Grant Program to protect Fire Stations; approve and authorize the Chairman to execute appropriate Resolution #2009-R-49, as shown on page _______, in support of the project and authorizing the County Manager to execute other supporting documents for making the grant application.

13. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the U.S. Department of Housing and Urban Development in acceptance of $7,019,514.00 through their Neighborhood Stabilization Program.

Budget

14. Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2009-R-50, as shown on page _______, 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.

15. Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2009-R-51, as shown on page _______, implementing Budget Amendment Request (BAR) #09-34 through the Community Services Block Grant Fund in the amount of $15,831.00 to increase funding for the Community Services Block Grant program.

17. Approve and authorize the Chairman to execute Budget Change Request #09-06 through the Water & Sewer Operating Fund in the amount of $186,250.00 to increase funding for the Water Quality Plant Upgrades Project.

Planning and Development

Planning

18. Approve the Release of Lien in the amount of $8,500.00 for Case No. 08-103-CEB, for property located at 2155 Van Arsdale Street, Oviedo, Tax Parcel #25-20-31-5BA-0000-4190, owned by Dohitee Ramsanahi, and authorize the Chairman to execute a Release of Lien, as shown on page _______.

Public Works

Engineering

19. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-54, as shown on page _______, accepting a Quit Claim Deed, as shown on page _______, between the City of Sanford and Seminole County for property needed in the vicinity of Mayfair Golf Club, for the Country Club Road Improvement Project.

20. Approve and authorize the Chairman to execute two Purchase Agreements, as shown on page _______, with Shui Hong Kwong and Jeannie Hock Schiff for property just west of Lake Howell Road, needed in conjunction with improvements to the Howell Creek Water Control Structure west of Lake Howell Road.

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

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Ms. Coto presented request for approval of BAR #09-38, Budget Amendment Resolution in the amount of $12,746,276, establishing the Operating Project budget for Capital Improvement Program Management Services relating to Master Agreement PS-5190-05, CH2M Hill. She referred to the Memorandum from her to the Board dated March 23, 2009, stating County Finance has indicated that any invoices without the compensation amounts being set in the annual budget and adopted appropriately would not be paid. She said that this has grown into a larger issue than just invoices relating to PS-5190-05. As outlined in the March 19th Memo from the Clerk’s Office, she stated they have indicated that they will not process any vendor payments for work orders, contracts, or agreements that contain the budgeted compensation clause. This potentially could include over 150 agreements. Therefore, the County Attorney has drafted a resolution to address this globally which includes language to clarify the intent and application. She added that she will be asking for adoption of this resolution and approval of the Budget Amendment Resolution in the amount $12,746,276.

Upon inquiry by Commissioner McLean, Ms. Coto advised that the language in these contracts and payments for same go back to at least 2002.

County Attorney, Robert McMillan clarified that the 2002 date relates to the change in the Administrative Code when the Board put in a new system for issuing work orders. However, he thinks the contracts may go back beyond 2002.

Upon inquiry by Commissioner Carey, Attorney McMillan advised that under State law there is the Prompt Payment Act, but that does not negate any duty of the Clerk to do pre-auditing. He briefly discussed the proposed resolution, stating it clarifies the language in the contracts.

Clerk of Court Maryanne Morse advised this issue came up when County Finance switched from Pentamation to J.D. Edwards. There was no way to track this under the Pentamation financial software; but under the J.D. Edwards software it can be tracked. She said her office has nothing to do with the contract side of things; they are given to County Finance by the Departments after the Board approves them. So those encumbrances coming through on contracts are coming through Purchasing, to the Board and then to County Finance. She said her office has no approval or disapproval process on those. However, her office does approve or disapprove purchase orders, which is a separate issue. Therefore, she pointed out that the second “whereas” in the resolution is really in error. She stated the big issue is that when they started to look at how many contracts there were out there, it was pretty massive. She said she told the County Manager last week that she does not know how to correct this globally. She further said that this is an issue that the Board needs to be aware of as there is really no budget authority in the contracts so why is it in there to begin with. She stressed that her office will continue to pay off the work orders those items approved by the Board. She added that it is a misnomer to put it in the contract and not put it in the budget.

Upon inquiry by Commissioner Carey, Ms. Morse advised the switch in software was done roughly in 2003. She further advised that they still pay off work orders and purchase orders (and not contracts) and she was not aware of the issue of the contract until they started researching it. She said that her office has to comply with what the contract says.

Upon inquiry by Commissioner Henley, Ms. Morse explained that County Finance went back to verify that the work order was part of the scope of the original contract and in the process of doing that they found out that the language says, “shall not exceed the budgeted amount” and that created a problem when they saw that there was no budgeted amount.

Attorney McMillan advised the issue on the contract language goes beyond work orders. He further advised that the proposed resolution solves the contract problem.

Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-52, as shown on page _______, declaring the intent regarding County agreements containing references to budgets for payment for goods and services; prompt payment of invoices under agreements; authorization for the County Manager to execute the amendments to agreements as necessary to clarify the County’ intent.

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

Upon inquiry by Commissioner McLean, Director of Fiscal Services Lisa Spriggs addressed the Board to explain what “contra” accounts are, stating they are a mechanism used to be able to facilitate a bridge between budgeting and proper accounting and funding. She said they are establishing a program management budget, providing a cap on program management services in accordance with the budget policies, and they allow the County to charge to the various funding sources through an accounting entry to capitalize those expenses to the various project budgets established. She said this establishes control at the program management level and at the project level. She added that in her professional opinion, these accounts are perfectly acceptable.

Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Budget Amendment Resolution #2009-R-53, as shown on page _________, for Budget Amendment Request #09-38 through the Water and Sewer Fund in the amount of $12,746,276 to establish the Operating project budget for Capital Improvement Program Management Services related to the currently funded portion of the Capital Improvement Program.

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

COUNTY ATTORNEY’S CONSENT AGENDA

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

COUNTY ATTORNEY’S OFFICE

21. Approve negotiated settlement relating to Parcel #111, Timothy & Rhonda Waddle, et al, on the CR 15 road improvement project in the amount of $22,000 for the appraiser’s fee.

CLERK’S OFFICE

22. Expenditure Approval Lists, as shown on page _______, dated February 23 and March 2, 2009; approval of Payroll Approval List, as shown on page _______, dated March 5, 2009; approval of BCC Minutes dated February 24, 2009; and noting, for information only, the Clerk’s “Received & Filed” as follows:

1. Change Order #2, as shown on page _______, to Work Order #17 to CC-1284-06.

2. Copy of e-mail to Cindy Coto, County Manager, BCC Aides, Deputy County Manager, County Attorney, Clerk of Court, and Sandy McCann, from Bruce McMenemy, Chief Deputy Clerk, regarding County Manager Item (Ink Pens Purchased for County Employees Luncheon) for February 24 BCC Meeting.

3. Change Order #1, as shown on page ________, to Work Order #13 to CC-0012-05.

4. Work Order #110, as shown on page _______, to PS-5165-04.

5. Letters to Maryanne Morse, Clerk of Circuit Court, from Donna Gardner, Casselberry City Clerk, re: Annexations of 1635 SR 436; 571 Ruby Court; 477 Lake Howell Road; 404 Lotus Lane; 934 Laura Street; and 309 Concord Drive.

6. Change Order #5, as shown on page _______, to CC-2324-07.

7. Change Order #3, as shown on page _______, to CC-1184-06.

8. Work Order #2, as shown on page _______, to CC-3321-08.

9. Amendment #1, as shown on page _______, to Work Order #14 to PS-1529-06.

10. Work Order #46, as shown on page _______, to PS-1529-06.

11. Change Order #3, as shown on page _______, to CC-2424-07.

12. Second Amendment, as shown on page _______, to IFB-600301-07.

13. Amendment #2, as shown on page ________, to Work Order #1 to PS-0127-05.

14. Amendment #1, as shown on page _______, to Work Order #21 to CC-1741-07.

15. Amendment #2, as shown on page ________, to Work Order #1 to PS-1167-06.

16. Preliminary Assessment and Interim Recommendations of PS-5190-05 CH2M Hill, Inc. Work Orders #20 and 24.

17. Flexible Spending Account Administrative Services Agreement, as shown on page _______, with Blue Cross Blue Shield of Florida.

18. Work Order #7, as shown on page _______, to PS-2249-07.

19. Work Order #86, as shown on page _______, to PS-5150-03.

20. Third Amendment, as shown on page _______, to M-469-04.

21. Amendment #1, as shown on page _______, to Work Order #103 to PS-5165-04.

22. Work Order #14, as shown on page _______, to CC-2190-07.

23. Work Order #64, as shown on page _______, to RFP-4214-04.

24. First Amendment, as shown on page _______, to IFB-600281-08.

25. Work Order #16, as shown on page _______, to RFP-0013-05.

26. Work Order #18, as shown on page _______, to CC-1284-06.

27. Change Orders #6 & #7, as shown on page _______, to RFP-0613-06.

28. Central Florida Sports Commission Agreement, as shown on page _______, approved by the Board on November 18, 2008.

29. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Comfort Rooms of Florida, Inc.

30. Bill of Sale, as shown on page _______, accepting Off Site Water System within the project known as Palm Valley Walgreens.

31. Change Orders #10 & #11, as shown on page _______, to CC-2143-07.

32. Development Order #09-30000012, as shown on page _______, Jorge Oliveira.

33. Addendum #1, as shown on page _______, to the Oakmonte PUD Developer’s Commitment Agreement.

34. Addendum #2, as shown on page _______, to the Sunlake PUD Developer’s Commitment Agreement.

35. Civil Traffic Hearing Officer Service Agreement, as shown on page _______, for John Pascucci.

36. Work Order #2, as shown on page _______, to PS-1666-06.

37. First Amendment, as shown on page _______, to PS-3166-08.

38. Work Order #48, as shown on page _______, to PS-1529-06.

39. M-4326-09 Basic Agreement, as shown on page _______, with Peninsula Engineers, Inc.

40. Parks Contracts, as shown on page ________, for Services for the following: Ron Coleman; Ken Gross; Michael Rodriguez; William White; Adrienne Dienst; Rodney Bryant; Melvin Jones; Jeffery Terito; Sharon Gross; Malcolm McGregor; Mary Jane McGregor; and Antonio Vaziri.

41. Change Order #4, as shown on page _______, to CC-2396-07.

42. Change Order #1, as shown on page _______, to Work Order #14 to CC-1284-06.

43. Bids as follows: RFP-600587-09; RFQ-600604-09; and 600599-09.

SHERIFF’S OFFICE

23. Approval to contribute $500 from the Law Enforcement Trust Fund to provide funding in support of Meals on Wheels.

24. Approval to contribute $2,000 from the Law Enforcement Trust Fund to The Central Florida Freedom School operated by Free to be Me, Inc.

25. Approval 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

Planner, Ian Sikonia, addressed the Board to present the Douglas Grand at Lake Mary Final Master Plan for property consisting of 26.8 acres, located on the east side of Oregon Street, approximately ½ mile north of the intersection of SR 46 and Oregon Street, Douglas Hoeksema. He advised the plan is for a multi-family development with proposed uses of apartments, townhomes, condominiums, home occupations and home offices. The project will consist of 416 multi-family units including a clubhouse, tennis court and tot lot. Multi-family dwellings will be distributed between 19 residential buildings located throughout the property. He further advised that staff recommends approval of the plan.

District Commissioner Carey stated the restrictions placed on this project by the Board have been met.

Motion by Commissioner Carey, seconded by Commissioner McLean to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for the Douglas Grand at Lake Mary PUD, property consisting of 26.8 acres, located on the east side of Oregon Street, approximately ½ mile north of the intersection of SR 46 and Oregon Street, Douglas Hoeksema, based on staff findings.

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

COUNTY MANAGER’S BRIEFING

Buddy Balagia, Community Services, addressed the Board to present the priority recommendations of the Affordable Housing Advisory Committee on incentives, both monetary and non-monetary, for affordable housing production to meet the housing needs of the County.

Commissioner Carey stated she appreciates the time the Committee spent on this.

Motion by Commissioner Carey, seconded by Commissioner McLean to accept the recommendations of the Affordable Housing Advisory Committee for adoption by March 31, 2009, as County policy to lower the cost and/or enhance the development of affordable housing for lower income households.

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

Chairman Dallari commended everyone who worked on these recommendations.

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The Chairman recessed the meeting at 12:30 p.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials (with Clerk Maryanne Morse entering late), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

ORDINANCE AMENDING SEMINOLE

COUNTY CODE CHAPTER 40

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance amending Chapter 40, Sections 40.2, 40.20, 40.22 and 40.24 of the Seminole County Code, received and filed.

Tom Helle, Building Department, addressed the Board to present the request, stating if the revisions to clarify the language and definitions are approved, that will allow for a larger number of qualified registered contractors to work within Seminole County that presently cannot do so due to the requirements of the current ordinance. He advised staff is recommending approval of the proposed ordinance.

Under discussion, Mr. Helle advised that this request did not go before the Building Contractors Licensing Board for their review as there is no requirement to do so.

Commissioner Van Der Weide stated he understands what they are doing and under the circumstances, he doesn’t see a problem with the request.

No one spoke in support or in opposition.

Motion by Commissioner McLean, seconded by Commissioner Henley, to approve the revisions and authorize the Chairman to execute Ordinance #2009-9, as shown on page _______, amending Chapter 40, Sections 40.2, 40.20, 40.22 and 40.24 of the Seminole County Code, as described in the proof of publication.

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

REZONE FROM M-1A TO M-1, HICKMAN CIRCLE/

RENZULLI PROPERTIES LLC/DAVID RODD,

MCKEE CONSTRUCTION

Proof of publication, as shown on page ________, calling for a public hearing to consider enacting an ordinance rezoning from M-1A (Very Light Industrial) to M-1 (Industrial) 7.55+/- acres located approximately one mile north from the intersection of W. SR 46 and Hickman Drive, Renzulli Properties LLC/David Rodd, McKee Construction, received and filed.

Austin Watkins, Senior Planner, addressed the Board to present the request, stating if the rezoning is approved, the applicant intends to apply for a special exception that must be approved by the Board of Adjustment to allow for storage of fuel on site. He said staff finds the proposed rezoning is consistent and compatible with the trends in the area and staff is recommending approval of the rezoning.

David Rodd, applicant, 79 Monroe Road, addressed the Board stating he will answer any questions.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner McLean, to approve the request and enact Ordinance #2009-10, as shown on page _______, rezoning from M-1A (Very Light Industrial) to M-1 (Industrial) 7.55+/- acres located approximately one mile north from the intersection of W. SR 46 and Hickman Drive, as described in the proof of publication, Renzulli Properties LLC/David Rodd, McKee Construction, based on staff findings.

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

MAITLAND-BEAR LAKE PLAZA

SMALL SCALE FUTURE LAND USE

AMENDMENT AND REZONE/BRYAN POTTS

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance for a Small Scale Land Use Amendment from LDR (Low Density Residential) to COM (Commercial), and enacting an Ordinance rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) .94+/- acres located at the northwest corner of Bear Lake Road and Maitland Boulevard, Bryan Potts, received and filed.

Mr. Watkins presented the request stating the applicant is proposing a retail/office building with permitted uses as identified in the staff report. He said staff feels the requested Future Land Use Amendment is compatible with the area. Staff has reviewed the waivers requested and recommends approval of the active buffer reduction. Staff is also recommending approval of the Small Scale Land Use Amendment, rezoning, Memorandum of Understanding, Preliminary Site Plan and Development Order.

Applicant, Bryan Potts, addressed the Board to answer any questions.

No one spoke in support or in opposition.

District Commissioner Van Der Weide stated this is a unique piece of property and there is not much you can do with it. He thinks what the applicant has brought before the Board is the best they can hope for. He said he has not had any complaints.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to enact Ordinance #2009-11, as shown on page _______, approving a Small Scale Land Use Amendment from LDR (Low Density Residential) to COM (Commercial), and enact Ordinance #2009-12, as shown on page _______, rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) .94+/- acres located at the northwest corner of Bear Lake Road and Maitland Boulevard; approve the Memorandum of Understanding, as shown on page _______, Preliminary Site Plan and Development Order, as shown on page _______; as described in the proof of publication, Bryan Potts, based on staff findings.

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

ETOR PUD MAJOR AMENDMENT/

ROBERT HORIAN

Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Major Amendment to the ETOR PUD (Planned Unit Development), and Addendum #4 to the Developer’s Commitment Agreement, containing 2.75+/- acres located at the northwest corner of the intersection of S. Sun Drive and Greenwood Lakes Boulevard, Robert Horian, received and filed.

Mr. Watkins presented the request, stating staff recommends approval of the Major Amendment and Addendum #4 to the Developer’s Commitment Agreement.

Upon inquiry by Commissioner McLean, Mr. Watkins corrected his presentation to state the building height should be 55’6” and not 70’ as previously stated.

Commissioner Henley stated the backup indicates a commitment by the applicant of a voluntary payment of $350 per unit to the school system. He asked if that had been done.

Mr. Watkins said he was not sure if the applicant had complied with that, but that is something staff will look at when this project comes in for multi-family.

Commissioner Carey noted that when the Development Order was executed, school concurrency was not in place. She asked which would apply, the $350 per unit or the new school concurrency.

Dori DeBord, Planning & Development Director, addressed the Board to state the applicant will have to comply with school concurrency. She said at that point in time, staff will work with the School Board on the commitment in the Development Order. Staff may have to bring this back to the Board to decide how it needs to be balanced.

Maryanne Morse, Clerk of Court, entered the meeting at this time.

Robert Horian, applicant, addressed the Board to state three years ago, he reluctantly agreed to the CN designation. In three years, his best efforts and the efforts of his friends have not been able to lease this space because of the restricted zoning. They are just trying to use the C-1 designation to lease these spaces. He said with a four-story building across the street, this won’t have any impact on the residential, which was the earlier concern three years ago.

No one spoke in support or in opposition.

Motion by Commissioner Henley, seconded by Commissioner Carey, to approve the Major Amendment to the ETOR PUD containing 2.75+/- acres located at the northwest corner of the intersection of S. Sun Drive and Greenwood Lakes Boulevard, and authorize the Chairman to execute Addendum #4 to the ETOR PUD Developer’s Commitment Agreement, as shown on page _______; as described in the proof of publication, Robert Horian, based on staff findings.

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

S. ECON CIRCLE PCD

REZONE/ROGER OWEN

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance rezoning from M-1A (Very Light Industrial) to PCD (Planned Commercial Development) 3.9+/- acres located 400 feet south of the intersection of Econ River Place and S. Econ Circle, Roger Owen, received and filed.

Ian Sikonia, Senior Planner, addressed the Board to present the request, stating the applicant would like to provide building space for private indoor recreational and training facilities such as gymnastics and cheerleading. Since the existing M-1A zoning on the property does not allow for private recreational facilities, a rezone is necessary. He said staff finds the rezoning is compatible with the existing patterns of the area. The Planning & Zoning (P&Z) Commission voted 6 to 0 to recommend approval of the request. Staff is also recommending approval of the rezoning from M-1A to PCD.

No one spoke in support or in opposition.

District Commissioner Dallari recommended approval of the staff recommendation.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to enact Ordinance #2009-13, as shown on page _______, rezoning from M-1A (Very Light Industrial) to PCD (Planned Commercial Development) 3.9+/- acres located 400 feet south of the intersection of Econ River Place and S. Econ Circle, as described in the proof of publication, Roger Owen; and approval of the Final Site Plan, subject to the conditions in the Developer’s Commitment Agreement, as shown on page _______, and Development Order, as shown on page _______, based on staff findings.

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

LAND EXCHANGE/EMORY, EDDIE

AND GLADYS E. GREEN

Proof of publication, as shown on page _______, calling for a public hearing to consider approval of Resolution, Agreement for Exchange of Land and Property Rights, and County Deed for the vacant 0.13 acre lot, Parcel #33-19-31-300-1000-0000 (Jitway and Washington Street) in exchange for a vacant 0.10 acre lot, Parcel #32-19-31-513-0000-2740, owned by Emory Green and Gladys E. Green, received and filed.

Meloney Lung, Support Services Manager, addressed the Board to present the request, stating the staff is recommending the exchange of the subject property.

No one spoke in support or in opposition.

Upon inquiry by Commissioner Carey, Ms. Lung advised that the Water Street property will be added to the list of affordable housing property.

Motion by Commissioner Carey, seconded by Commissioner McLean, to approve the Land Exchange and authorize the Chairman to execute Resolution #2009-R-55, as shown on page _______; Agreement, as shown on page _______, for Exchange of Land and Property Rights with Emory Green, Gladys E. Green and Eddie Green; and County Deed, as shown on page _______, for property exchange between Seminole County and Emory and Eddie Green, for vacant 0.13 acre lot, Parcel #33-19-31-300-1000-0000 (Jitway and Washington Street) in exchange for a vacant 0.10 acre lot, Parcel #32-19-31-513-0000-2740, owned by Emory Green and Gladys E. Green; as described in the proof of publication.

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

REGULAR AGENDA, Continued

The Board considered the request of staff for direction relating to the final design of Jetta Point Park.

Frank Raymond, Administrative Services Director, addressed the Board to introduce Dave Larsen, Post, Buckley, Schuh & Jernigan, who will make the presentation to the Board, along with Lisa Spriggs, Fiscal Services Director.

Commissioner Henley asked when the Board would get an update on the tourist taxes for the amount of revenue they will have to deal with.

Ms. Coto advised that a part of the presentation Ms. Spriggs will give is the update to the two additional pennies as well as what the reserves are.

Commissioner Henley stated he will not give support until he knows how many dollars they have to deal with.

Dave Larsen, PBS&J, addressed the Board to give a PowerPoint (received and filed) presentation of the following topics: Project Update – 60% Design Complete; Women’s Softball; Multi-purpose Fields; Destination Playground; Parking; Plan A- Architecture; Plan A – Pavilions and Shade; Plan A – Details; Plan A – Playground; Plan A – Upgrades; Plan B – UCF Stadium; Plan B – 1500 Seats; Plan B – Restroom Requirement; Plan B – Park Requirement/Seats; Plan B – Site Upgrades; Plan B – Multi-purpose Upgrades; Plan B – Pavilion Upgrades; Order of Magnitude Cost; and Project Schedule – Impacts.

Upon inquiry by Commissioner Carey, Mr. Larsen explained what happened to increase the cost from the beginning estimate of $9.2 million to $11 million plus now at 60% design complete.

Commissioner Carey stated she assumes it was at staff’s direction to change some things because she didn’t recall the changes ever coming to the Board.

Commissioner McLean stated the Board agreed to a cost of $10.3 million. His question was also about how they got to $11.4 million.

Commissioner Carey asked if there was anything that would keep Mr. Larsen from putting all the items in the Plan A upgrades as bid alternates and finish the bid as designed now. She said put the bid out and see where it all comes back, because they may not be building anything in the near future.

Mr. Larsen said it was their intent to bid it all and see what the prices are and then be able to pick and choose.

Commissioner Carey said she doesn’t believe they need to build another facility like UCF. She has no interest at all in supporting any part of Plan B, but she would not mind considering Plan A alternates and seeing where that comes in at.

Ms. Coto explained how this all developed over a number of years, stating that in January, staff brought this item to the Board for them to formally agree to the minor changes that had been made. At that time, staff was asked to go back and look at alternates.

Commissioner Henley said he thinks it was also suggested that they look at the UCF model.

Commissioner Van Der Weide stated they find themselves in this situation because they have been planning this project for so many years now and have given staff so many directions; and now staff has come back with a report incorporating all those ideas they had. He said but with the economy the way it is, and now they will probably have problems with the TDC funds. They need to make up their minds that they need to do something with the park, but the question is what. He noted one adjustment needed is handrails through the center of the bleachers.

Lisa Spriggs, Fiscal Services Director, addressed the Board to state in January, they had given the project over $630,000 per penny of tax. Currently, she is still seeing the tourist tax at that. She said the loss in revenue has brought it to a point that they can finance approximately $11 million and maintain the park with some revenue coming from the park to offset some of the cost. They will also be building up some funds between now and construction which will be approximately $1 million. The balance of the note will be an additional $356,000 payoff and that will come from current reserves in the original TDC fund. She advised Commissioner Henley that this would be funded over a 20-year period.

Mr. McMillan advised Commissioner Henley that there are restrictions on the new money; it can’t be used for construction.

Commissioner Carey said they had also originally talked about funds to make improvements to Soldiers Creek. She asked what happens to this project.

Ms. Coto said some interim improvements have been done that the Board authorized a couple years ago. Staff would proceed forward with Jetta Point and pay about $600,000 or $700,000 in operating cost, and the additional dollars anticipated from the additional two cents would go to Soldiers Creeks once Jetta Point was nearing completion date. Where they are today, Soldiers Creek would not be funded.

Commissioner Carey said it is great that they would look to build future parks; however, they have an obligation to keep the parks they currently have to certain standards. She said Soldiers Creek could use some improvements.

Ms. Coto said the Soldiers Creek project discussed with the tourism tax was a significant program of $4 million or $5 million. It was not just making interim improvements but taking the original plans from 2006 and making some adjustments with respect to the type of fields.

Commissioner Henley said he didn’t remember that particular figure. He said in order to make sure in the future that they are not relying on what each individual remembers, can they get this information laid out on a spread sheet the total amount of what five pennies bring in; what the obligation would be; and what the plan would be on whether bonded or what.

In discussing Plan A, Commissioner Henley said he could not support a structure similar to that on the County’s fields.

Mr. Raymond said what they had tried to do was give the Board a palate of alternatives and staff also intended to bid this very similar to what the Board has set the estimate at. If an element gets to be too much money, they can go through and pull it out. He said staff is not asking for permission to spend money to build the park today, but to spend money to design it.

Commissioner McLean suggested the Board look at all the Plan A upgrades. He thinks Plan B may be a step beyond what makes sense to do. He said the only item he has difficulty with is the artificial turf. When it wears out, you have a large capital expense.

Commissioner Henley said he would not support artificial turf and would hesitate to support sodding of the entire area. There are other ways of doing that without going with sod. He talked about the 419 blend. He said he didn’t mind having one field that has the appropriate lighting for NCAA. He could not support the three-story facility. He said he would like to go through Plans A and B and pick out those things they feel appropriate. There are some things they can eliminate now, such as the artificial turf.

Commissioner Carey said to her Plan B is over the top. She doesn’t think they need a three-story concession or bathrooms in every dugout. She understood Plan A was one field with dugouts with restrooms. Regarding the pavilion upgrades, she said they don’t need stone facades, but a basic pavilion. She asked on the perimeter fencing if there is some issue why they would need to have this completely fenced.

Joe Abel, Leisure Services Director, addressed the Board to state this is for property control like at Sylvan Lake Park.

Commissioner Carey said to take Plan A upgrades and eliminate the artificial turf and mitigation and have everything else as an option. Put this out and then they will know how much these will cost.

Commissioner Van Der Weide said he thinks all these ideas are good, but under the circumstances they will be facing with the economy and TDC funds, there is only so much they can do. He asked if staff had interfaced with the city of Altamonte Springs. He said he wants to make sure the County staff is interfacing with all the others, particularly, Altamonte Springs.

Mr. Able said he has had conversation with the Directors and staffs at Winter Springs and Oviedo and at UCF on looking at partnering opportunities when they bring this facility on line.

Commissioner Van Der Weide stated he wants to make sure the County fits in into the overall grand scheme of things. He would like to know what the others are expecting the County to do.

Ms. Coto said she believes in 2007/08, County staff approached the Sports Commission and had them go over the plans and identify what components the County should include to attract not only statewide but national teams.

Motion by Commissioner Carey, seconded by Commissioner McLean, to move forward with Plan A upgrades, striking the pavilion upgrade, the artificial turf, perimeter fencing and mitigation.

Under discussion, Commissioner McLean said to him, outside the artificial turf, the cost for the other items is not huge. His thought is if they give staff the opportunity to go out, they may find the numbers are different than what they have been hearing. His thought would be to eliminate the artificial turf and keep the other upgrades in place and see what they have when it comes back.

Chairman Dallari stated he would like to see what the total cost would be as Commissioner McLean stated, have it come back to the Board and then decide if it’s worth it or not.

Commissioner Van Der Weide added they can change it later.

Districts 4 and 5 voted AYE.

Commissioners Dallari, McLean and Van Der Weide voted NAY.

Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to accept Plan A with the upgrades, minus the artificial turf, for the design of the Jetta Point Park.

Under discussion, Commissioner Carey said the mitigation is taken out of that as well.

Commissioner McLean said the intent is for this to be brought back to the Board as stated by staff to do. The Board is not committing to do anything. This would be Plan A only.

Mr. Raymond stated there is no three-story structure in the base plan or Plan A. That is only in Plan B.

Commissioner McLean reiterated he is talking about Plan A only.

Commissioner Carey said she is not going to support the motion because she doesn’t believe the Board should spend the money.

Commissioner Van Der Weide said in the past when they had a controversy and difference of opinions, they would go around and check out some of these issues. He suggested maybe some of them check these out.

Districts 1, 2 and 3 voted AYE.

Commissioners Henley and Carey voted NAY.

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Chairman Dallari recessed the meeting at 2:50 p.m. and reconvened it at 2:55 p.m. with all Commissioners, with the exception of Commissioner Van Der Weide who returned late, and Clerk of Court Maryanne Morse, who also returned late to the meeting.

The Board considered the request by staff for direction regarding approval to move forward with Phase II of the Stormwater Utility Funding Program.

Gary Johnson, Public Works Director, addressed the Board to state they will present a short PowerPoint (received and filed) presentation on where they are and where he thinks they need to go from here to be successful in the event the Board chooses to implement a stormwater utility.

Consultant Stephen R. Lienhart, URS Corporation, and Kim Ornberg, Stormwater, addressed the Board to talk about the challenges and potential cost of solving them and talk about what a utility can do for Seminole County if the Board chooses to go with it, what the best fit is and the next steps. Mr. Lienhart began discussion with the Stormwater Challenges and Stormwater Costs.

Commissioner Van Der Weide reentered the meeting at this time.

Clerk of Court Maryanne Morse reentered the meeting shortly thereafter.

Mr. Lienhart continued the discussion with the following topics: Stormwater Funding Goals, the Stormwater Utility, Initial Seminole County Stormwater Utility Model; Comparative Local SFR Costs; Next Steps; Timeline; and Critical Action Dates.

Commissioner Carey said she has a lot of homes in her district with large lots. If they are looking at doing a stormwater tax, people are having a hard enough time paying their rent and buying food. She said this is a lot of great information. She expressed appreciation to Mr. Lienhart for taking the time to brief her personally on it.

Commissioner Van Der Weide thanked Mr. Lienhart also for the briefing. He said he would not be considering this if they were not in a financial crisis. He said he would not support it if the schools were not exempt, both public and private. That would be like taxing themselves and the schools are in financial straits. Also, if they come up with this tax, he knows a lot of churches that would probably be put out of business. He would not support it either if the churches were included. Regarding exempting the schools every three to five years, he said he would hate to have them come back every three years to go through this process again.

Mr. Lienhart clarified he was not saying the schools would have to come back every three to five year, but they would be exempt forever. He said if the Board is going to comply with achieving these reductions in loads, there are only three ways he knows to pay for it--a stormwater utility, drainage district, or a tax.

Commissioner Van Der Weide said once you get a tax, you’ve got it and it never seems to go away unless the initiative is where people clearly support a tax for a specific reason. He said he would like to think that whatever they do, they have to have something that goes away.

Commissioner McLean stated the question becomes what are their alternatives if they don’t look at something along these lines. He said none of the cities in Seminole County exempt their schools and churches except for public schools in Lake Mary, so some of the churches and schools may be used to it. The Board has enough good information to move forward and at least give them the opportunity to look at this for as an option. He said, unfortunately, the TMDL isn’t going away. The Board will have to come up with a way to deal with it if they don’t take this route.

Commissioner Henley stated he thinks Mr. Lienhart did a real good job with the study and he appreciates giving the critical actions which indicates they don’t have to make a decision today, but they have plenty of time to make that. He said until he sees more information about the budget, he would not be ready to make a decision today.

Chairman Dallari stated he agrees with everyone, especially Commissioner Henley. He said this couldn’t come at a worst time.

Commissioner Carey said they have a number of things that will be sunsetting in the next couple of years and that may be the opportunity to go back for a penny tax and that may be used to fund stormwater. That is what the citizens are familiar with and that would probably generate more money. She asked if any analysis was done to see what a penny would generate.

Ms. Spriggs said a penny is worth about $55 million.

Commissioner Carey said they could use that and she would not support moving forward with this this year. She wanted to have all the information together. They can probably take this up as a sales tax option next year.

Commissioner Henley said the municipalities have the same situation the County has. When you look at the size of the County, he thinks it is foolish for all of them to have all these taxes. This is something they need to study collectively through the Mayors/Managers to see what advantage it would be to have one stormwater utility fee. The cities can’t solve this without the County and the County can’t solve it without the cities.

Chairman Dallari said he can bring this up at the next Mayors/Managers meeting.

Commissioner Carey said it would seem to make a lot more sense to look at one entity to solve the problem.

Commissioner Van Der Weide said he likes the idea about the one cent sales tax that would have to go to the voters. They have never done that for more than 10 years. That would satisfy his desire that it would go away.

Commissioner McLean said they want to be careful when they talk about the one-cent sales tax; it can be a panacea for things. If they start dividing this up too much, there won’t be anything left for what it was originally intended.

Commissioner Henley left the meeting at this time.

Commissioner Carey said the one penny sales tax had a very specific list that went along with it. One thing, it is voter approved. She thinks with the right educational process to get support, you can sell it for the right reason. The voters have to understand what it is for. She said she doesn’t think it would be opposed.

Ms. Coto said staff had asked that the consultant be allowed to go forward with the second step (not with implementation) in case at some point the Board decides they want to implement the stormwater fee. If they don’t move forward based on the March 13 work session on the budget, they have to find $7.5 million which was the dollars they were looking at that the stormwater utility would generate. The only place to go now is through additional cuts which would take cuts to between $17 million and $20 million of reductions out of the General Fund. She advised Commissioner Carey it is correct that there is money budgeted now and has been over the years for stormwater. She said the County has been told that with a dedicated funding source, the State would be less likely to give the County grants in the future. If the Board doesn’t take action today, they may run out of time if in May they decide they want to do a stormwater fee.

Chairman Dallari stated staff is looking for action to do the next step but without implementing it. The next step is still pulling the numbers together.

Upon inquiry by Commissioner Carey, Ms. Ornberg advised what staff has in the budget for the TMDL’s.

Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to approve staff moving forward with Phase II of the Stormwater Utility Funding Program.

Districts 1, 2 and 3 voted AYE.

Commissioner Carey voted NAY.

Chairman Dallari noted that the Board is still not taking action to implement anything.

Commissioner Carey asked that as staff looks at the next piece, can they look at the sales tax option.

Chairman Dallari said they can do that and also look at the aspect of what Commissioner Henley talked about; that is to look at the countywide perspective.

COUNTY MANAGER’S BRIEFING, Continued

The Informational Budget Amendment Status Report FY 2008/09 for the period ending February 28, 2009 was presented.

Commissioner Carey inquired about the $5.8 million budget amendment.

Ms. Coto advised she had sent an e-mail yesterday regarding this. She said the $5.8 million was in undesignated reserves and staff moved it within the CRA Capital Improvements or a more designated category.

LEGISLATIVE UPDATE

Assistant County Manager Sabrina O’Bryan addressed the Board to state there is a total of four funding bills currently relating to the School Board. Two are in the House and two are in the Senate. Perhaps a resolution later on could piggy back on some of those efforts. She said the Governor’s Office distributed a press release on Thursday last week indicating that for the fourth quarter, they are looking to withhold 15% of the County’s budget. They are going to allow for 85% of their appropriations. In the revenue estimating conference, it was said that the State’s General Fund is looking to experience a $1.1 billion shortfall in FY 2009. At the last Board meeting, they discussed a new site available for citizens to follow the American Recovery and Reinvestment Act. That site is at FLARecovery.com.

Ms. O’Bryan said she asked Ms. DeBord to brief the Board on several items regarding growth management and proposals for DCA (Department of Community Affairs).

Ms. DeBord stated there are seven pieces of legislation now in all; some working together and some in contrast to each other. Most significant is SB 360 and it helps Seminole County. Thanks to Senators Constantine and Bennett, there was an amendment this morning to include Seminole County. If approved, the County would be a dense urban land area. The County could then have transportation concurrency exemption areas. This would really benefit the County with regard to transportation issues. The rest of the bill consists of issues staff has already covered. She said HB 7049 is a general clean-up bill for growth management legislation. SB 2148 is not one that impacts the County except for one portion. It is designation of a rural agricultural industrial center. If there is a property that can meet the criteria and it proposes to create at least 50 full-time jobs, within six months this land use designation must be amended into the Comprehensive Plan with no oversight by DCA. That means within the rural boundaries, there could be industrial centers with very little the Board could do to stop it. She said this has staff worried at this time. She has talked about getting the lobbyist involved. The Board agreed to that. Ms. DeBord said of major concern to the Planning Committee is the proposed sunsetting of DCA and merging that into the Department of State. There is not at this time a Senate companion bill to go with it. She feels DCA has purpose. She thanked Sheryl Stolzenberg, who has done an excellent job in briefing her on the bills.

Ms. O’Bryan said the Speaker of the House issued a memo asking the legislators to begin putting a cap on some of the policy making activity that has been going on the last two weeks and change their focus to budget-related items. The Florida Association of Counties has hired an individual dedicated toward watching the economic stimulus funding. Myron Brown will have his office in D.C. Ms. O’Bryan said she contacted David Johnson, Property Appraiser, on the trim notice requirement to place the millage rate on the trim notice. She thinks the County does tidbits of information, but they are actually pushing for that. Mr. Johnson doesn’t have major concerns about that. HB 1477 and SB 2292 both look at opportunities to utilize web sites for advertising requirements as opposed to newspapers. There would still be situations where they could do dual advertising. Ms. O’Bryan advised the FLARecovery.com link is now on the County’s web site as well under the legislative section.

Upon inquiry by Commissioner McLean, Ms. O’Bryan stated she did not have any more information on SunRail but she would receive a briefing tomorrow morning in Tallahassee and can get an update at that time.

AWARDS AND PRESENTATIONS, Continued

Ms. Coto said the Board has the Resolution (copy received and filed) for schools and she distributed the Resolution (copy received and filed) on on-site sewage treatment and disposal systems to be sent as well as a letter.

Chairman Dallari asked, on the Surgeon General, if a DVD of the meeting from this morning can be sent. Ms. Coto said that can be done.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2009-R-56, as shown on page _______, requesting the Florida Legislature to adopt revision to the Florida Statutes to allow School Boards to use their portion of the surtax for operating purposes, if approved subsequent to July 1, 2009.

Districts 1, 2, 3 and 5 voted AYE.

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Regarding the Wekiva Study Area presentation by the Department of Health, Commissioner Carey said the Board requested Governor Crist and the Florida Legislature to direct the Department of Health, and she asked to add the Surgeon General to that.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt appropriate Resolution #2009-R-57, as shown on page _______, as amended, to request Governor Crist, the Florida Legislature and the Surgeon General to direct the Florida Department of Health to table any proposed rulemaking regarding onsite sewage treatment and disposal systems within the Wekiva Study Area until resolution of these matters.

Districts 1, 2, 3 and 5 voted AYE.

CHAIRMAN’S REPORT

Upon recommendation of Chairman Dallari, the Board gave consensus for Commissioner McLean to be the Board’s representative on the Boys and Girls Club.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 3/10/09 from Congresswoman Corrine Brown and John Peyton, Mayor of Jacksonville, to BCC re: 3/23/09 Economic Stimulus Summit in Jacksonville, FL.

2. Memorandum dated 3/16/09 from Kathleen Furey-Tran, Assistant County Attorney, through Bob McMillan, County Attorney, to Chairman Dallari re: Express & Implied Ingress/Egress Easements.

3. Letter dated 3/6/09 from Shaun Donovan, HUD Secretary, to Chairman Dallari re: available grant funds through the American Recovery & Reinvestment Act of 2009.

4. Letter dated 3/17/09 from Charles A. Dehlinger, Esq., to Chairman Dallari re: millage increase.

5. Letter (with attachments) from Donna Gardner, Casselberry City Clerk, to Chairman Dallari re: annexations of Wilshire Blvd. #20-21-30-300-0A1C-0000, Wilshire Blvd. #20-21-30-300-0A1H-0000, 616 Lake Howell Rd., 958 Laura St., and 350 Anchor Rd.

6. Letter dated 3/16/09 (with attachments) from Cynthia Porter, Sanford Deputy City Clerk, to BCC re: annexation of property between Marquette Ave./E. Lake Mary Blvd. and Beardall Ave./Sipes Ave.

7. Memorandum dated 3/10/09 (with attachments) from Maryanne Morse, Clerk of the Circuit Court, to BCC re: contract auditor collaboration efforts.

8. Letter dated 3/17/09 from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: new video technology, Switched Digital Video (SDV.)

9. Memorandum dated 3/18/09 (with attachments) from Cindy Coto, County Manager, to BCC re: PS-5190 CH2M Hill Program Management Services Agreement.

10. Memorandum dated 3/19/09 (with attachments) from Cindy Coto, County Manager, to BCC re: Partnership Opportunity for Longwood and Seminole County.

11. Memorandum dated 3/18/09 from Harold A. Wilkening, SJRWMD, to BCC re: 4/6/09 public workshop on proposed 4^th addendum to the 2005 District Water Supply Plan.

12. Letter dated 3/20/09 (with attachments) from Cynthia Porter, Sanford Deputy City Clerk, to BCC re: annexation of property between Marquette Ave./E. Lake Mary Blvd. and Beardall Ave./Sipes Ave.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Van Der Weide stated he went to the “Tea Party” at Lake Eola and it was very impressive. He said this is something that could snowball. There was well over 5,000 people.

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Commissioner Van Der Weide said he had a phone call from some residents in Apple Valley wanting to have a MSBU for a wall and staff pointed out that if they had a wood fence, no matter what condition it was in, the Board would not allow them to have a MSBU to pay for it themselves to put up a wall. He said he would think if the citizens wanted to pay for it themselves, the Board should be able to allow it. That is in the County’s ordinance and the only way to get around it is for the Commissioners to get staff to work to bypass this.

Mr. McMillan said if the Board wants to accept a petition for a MSBU, they can direct staff to do that. If it is a private fence, it’s not going to be easy to do.

Kathy Moore, MSBU, addressed the Board to state in the resolution for authorizing accepting applications, it was clearly stated the County could only replace for like-kind; that is a wall for a wall. In this case in Apple Valley, that is not the situation they have. They currently have a fence and are interested in having a wall put in its place.

Commissioner Van Der Weide stated he understands to have a wall, the citizens would have to pay upfront for engineering costs and, if agreed to go forward or not, they still pay for those costs.

Mr. McMillan stated the he understands the engineering fees are not refundable. He said he doesn’t think it’s been two months since the Board adopted changes to the Administrative Code. He thinks they need to go back and redo the Administrative Code provision.

Commissioner Van Der Weide said if the citizens are paying the engineering services and paying for the wall, what is the down side.

Commissioner Carey said she thinks the Board discussed this because they don’t have unlimited funds to be building walls. She said the homeowners association could decide to build the wall and if the residents have the property for an easement, they could do a special assessment and pay for it. The Board did talk about this because it could become a slippery slope.

Commissioner Van Der Weide said if he lived there, he would want a wall.

Commissioner McLean stated the only solution that should be considered is a special assessment through the homeowners’ association. If the residents have a HOA, that’s the route they should go.

Ms. Moore said if it is a mandatory HOA, then they are not eligible to apply. She is not certain if it is voluntary or mandatory with Apple Valley.

Commissioner Van Der Weide requested that staff be directed to get more information on whether the HOA is mandatory or not.

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Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to appoint Earl McMullen to the Leisure Services Board.

Districts 1, 2 3 and 5 voted AYE.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt appropriate Resolution #2009-R-58,

as shown on page _______, in appreciation to Grant Maloy for his services on the Leisure Services Board.

Districts 1, 2, 3 and 5 voted AYE.

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Commissioner Carey reported for Commissioner Henley, who had to leave the meeting, that there was a letter from the attorneys at Gray Robinson regarding the COD Trees vs. Seminole County lawsuit alleging that they have attempted to resolve this case, but Seminole County is going forward with using outside counsel.

Mr. McMillan said the Board was briefed in October on this and the parties have been through mediation twice. He had suggested to Ms. Coto after receiving the letter that she and Mr. Minter should probably brief the Board again.

Commissioner Carey said Commissioner Henley requested the Commissioners be updated again.

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Commissioner Carey stated she had asked staff to look at the period of time when Development Orders and various things are approved. A number of the jurisdictions have taken action to extend some of these D.O.’s for 12 to 24 months because of economic times. Staff prepared a list and she gave examples of the terms on these. She said things the Board saw last year may not be moving forward for lots of reasons. To keep folks from having to go through that whole process again, if the Board concurs, she would like to allow staff to come back with a recommendation for what they might do to extend some of these out so people don’t have to come back to the Board. She asked if staff could have that available at the next meeting with a recommendation.

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Commissioner Carey passed out some information (not received and filed) and said she attended the myRegion meeting last week. They received many months of the State of the Region report. They focused on six major points of economic leadership, education, environment, quality of life, smart and quality growth and fragmentation and cooperation between jurisdictions and various agencies. She thought the Board might like to have a copy of the report.

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Commissioner Carey recognized that March is Women’s History Month and there was recognition of local women in Seminole County by the Seminole County Chamber a week ago. Some on the County staff were included in that.

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Commissioner Carey advised the funeral was held yesterday for Ms. Linda Batman and some of the Commissioners attended that. She said their thoughts are with her family. She asked that a resolution be presented at the next meeting for Ms. Batman’s service on the Historical Commission.

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Commissioner Carey said she had a couple of requests regarding the tunnel on the trail on SR 434. It doesn’t open until 7:00 or 7:15 a.m. She was asked if it could be opened by 6:30 a.m. She asked staff to address that and come back.

Ms. Coto said there are staff members who are responsible for that. If they had to bring them in earlier, that would be talking about overtime or rearranging work schedules.

Bryan Nipe, Leisure Services Division Manager, addressed the Board to state staff members from the softball complex open and close that. They base it on rules for the trail times to open from dawn to dusk and that changes throughout the year.

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Commissioner Carey advised of upcoming events. On April 4, 6 to 9 p.m. at the Zoo is international tasting of food, wines and beer sponsored by Anheuser Busch. Tickets are available for $30 per person. On April 23 is the Boy Scouts golden Eagle Dinner; the reception is at 6 p.m. and dinner is at 7 p.m. School Board Member Dede Schaffner is the honoree.

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Commissioner Carey said April 12 is Easter and since the Board will not meet again before that date, she distributed goody bags with Happy Easter candy and pedometers to the Commissioners. She said recycled bags are being delivered to the Aides this afternoon.

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Commissioner McLean reported on his second trip to Tallahassee to meet with Senators Constantine and Gardner and testify on behalf of the Board on SunRail. This passed by a vote of six to three and is now to go to the full Transportation Committee meeting. There have been rumors good and bad. There is about a month left to go in the legislative session.

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Commissioner McLean complimented Commissioner Carey and Ms. DeBord on being honorees at the recognition for women by the Seminole County Chamber.

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Commissioner McLean said he gave the Chairman his recent Seminole County update sponsored by the Orlando Business Journal. This was also well attended.

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Commissioner McLean thanked Commissioner Carey for bringing up the idea of a resolution for Ms. Linda Batman.

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Commissioner McLean announced that Seminole Leadership will hold a graduation May 16 at the Altamonte Springs Hilton and Commissioner Henley will be the Leadership Legend Award winner this year. This will be a lunch time event and he will be able to provide more information closer to that date.

COUNTY ATTORNEY’S REPORT

Mr. McMillan said, to clarify the record, he doesn’t think the Commissioners were copied on the letter regarding COD Trees, but they got a copy from Mr. Campbell when he came around. Ms. Coto and Mr. Minter will make rounds again to go over that situation with the Commissioners. He reported to the Board that he sent a letter to Sun State Trees and he finally got a call from someone they hired as their legal counsel. They had a meeting a week ago and Sun State was to send a letter about how they intend to address the issues. He hasn’t received the letter yet and he doesn’t know if Sun State has left any messages with his office staff. Sun State committed to start removing the material, but they might not get the property cleared for another three months. He understands there is some rumor that Sun State has requested to be annexed into the city of Longwood. He said no one has called him about that.

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Mr. McMillan said on January 27, 2009, the Board heard a request for a CEB lien reduction from $47,000 to $25,000 on property at 1620 Ridge Avenue, Longwood, and the Board agreed to reduce the lien if it was paid within 60 days. Immediately after that, the applicant filed a request for another lien reduction on the same property and sent it to DCM Forte and he declined it because the Board has already acted on it. The Code provides if he denies it, the request goes to the BCC on appeal. Mr. McMillan said he doesn’t think the policy was ever intended to allow, “if you don’t get what you want, you will bring it to the BCC until you get what you want.” The lien has not currently been reduced because the applicant has not paid it. He asked the Board if they wished to hear the case again. He suggested amending the Administrative Code that an applicant can only apply once every year or every two years for a reduction in the lien.

Chairman Dallari said he thinks they need to amend the Administrative Code that an applicant can only apply once every 12 months. If the Code says the applicant can come back, it should come back.

Commissioner Carey agreed that people should have the opportunity to appeal.

Mr. McMillan said he will put this item back on the agenda again and the Board can hear it a second time. He will also bring an amendment to the Code that such appeal is for every 12 months. He advised that the offer of reduction of the lien is only on the table for 60 days or that amount will go back to $47,000. The payment is due March 27, 2009.

COUNTY MANAGER’S REPORT

Ms. Coto stated action was not taken this morning on the Earth Day item (Agenda Item #5) to do a budget adjustment moving $3,300 from the U.S 17-92 Redevelopment Fund for Reserves from Contingencies to Aid to Private Organizations.

Motion by Commissioner Carey, seconded by Commissioner McLean, to adopt appropriate Budget Amendment Resolution #2009-R-59, as shown on page _______, in the amount of $3,300 for the Earth Day EveryDay Fair.

Districts 1, 2, 3 and 5 voted AYE.

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Ms. Coto asked for Board authorization to pay $2,225.61 to Gulf Ice Systems, Inc. for an ice machine for Public Safety.

Clerk Maryanne Morse said that bill has already been paid. She stated there may be some confusion between that issue and the $2,500 treadmill. The check has already been cut and issued for the ice machine.

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Ms. Coto said staff has received from County Finance a memo rejecting air fresheners purchased from Office Depot on January 12 on a purchase card. These are air freshener refills used for 103 field personnel using the facilities in three trailers. She requested Board authorization to pay $182.13 to Office Depot.

Motion by Commissioner McLean and seconded by Commissioner Carey, to authorize payment of $182.13 to Office Depot for the purchase of air freshener refills.

Under discussion, Ms. Coto advised Commissioner Carey that County Finance was rejecting this payment.

Ms. Morse stated if the purchase was on a purchasing card, it is already paid.

Commissioner Carey stated she believes these type of items are budgeted. She doesn’t know what is going on in Finance and this department, but they need to get it resolved. The Board is having to spend too much of their time on things like this. This is out of control right now.

Mr. Morse explained if a purchase is on a purchasing card, it has already been paid, but that does not stop her office from questioning those items and bringing it to the attention of the County Manager. She further explained the difference if a purchase is on a purchase card or purchase order.

Commissioner McLean stated the Board is having too many of these items coming to their attention.

Ms. Morse said with a purchase order, her office has the option of saying they are not going to pay for the purchase. She said she had not seen the memo.

Commissioner McLean said, perhaps, Ms. Morse might want to speak to the staff who said they are not going to pay the bill. He said this is a waste of everybody’s time.

Chairman Dallari asked Ms. Coto to make contact with the County staff as well as the Finance Department.

Commissioner Van Der Weide stated he would like to see a copy of the memo.

Chairman Dallari suggested making a copy for all the Commissioners and the Clerk.

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Ms. Coto stated she sent a memo yesterday and copied the Clerk with respect to Board direction on March 10 concerning the audit. She has transmitted to the Board a copy of a contract, scope of work as well as information regarding the firm. Mr. McMillan distributed two changes (copies received and filed)--page 2 of the contract under the Time for Completion and change to the scope of services under the General Terms, adding Item #3. She stated these were requested by the Consultant to help identify the parameters by of the audit. Staff is requesting the Board to waive the mandatory bid amount of $50,000 and to authorize the County Manager to execute the contract.

Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to authorize waiving the mandatory bid amount of $50,000 as stated in Section 8.153(5) of the Administrative Code; and authorize the County Manager to execute the Consultant Services Agreement with R. W. Block Consulting, Inc. for audit of PS-5190, CH2M Hill Program Management Services, with revisions, at the not-to-exceed amount of $67,000; the agreement is for time and materials based upon rates in Exhibit B.

Under discussion, Commissioner Carey said at the last meeting they talked about doing a joint audit and she guesses the Clerk doesn’t want to do that and the Board wants to make sure they get accurate information so they need to do an independent audit to know they are getting accurate information. She said as this moves forward, any information the consultant asks for, she would expect staff to get it to the consultant. She doesn’t want any interference from County staff and it would disappoint her if the Clerk’ staff interferes also. She added that the first draft of the document needs to be on every one of the Commissioners’ desks.

Ms. Coto advised she put the language in the scope of work stating a formal report and summary of findings will go directly the BCC. The County Manager and BCC will be provided with results simultaneously.

Ms. Morse stated the audit report (she authorized) will automatically go to the Commission and to her simultaneously, and it will not be biased or interfered with her staff.

Districts 1, 2, 3 and 5 voted AYE.

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Ms. O’Bryan advised of changes in the Resolution adopted regarding school infrastructure funding in the third paragraph to read $105 million (instead of $112 million) and 20.7% (instead of 22.3%).

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to approve the amendments to Resolution #2009-R-56, as identified.

Districts 1, 2, 3 and 5 voted AYE.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:40 p.m., this same date.

ATTEST:_______________________Clerk_____________________Chairman

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