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, 1st 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 18th 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 18th 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 4th 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
slm/cc