JULY 22, 2008
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, July
22, 2008, in the SEMINOLE COUNTY
SERVICES BUILDING at
Chairman Brenda Carey (District 5)
Vice Chairman Mike McLean (District 2)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District 3)
Clerk to the BCC Maryanne Morse
County Manager Cindy Coto
Deputy Clerk Sandy McCann
Chaplain Jim Cawthon, Good News Jail &
Prison Ministries, John E. Polk Correctional Facility,
Commissioner Mike McLean led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate
Resolution #2008-R-167, as shown on page _______, recognizing Ruth Eplin, Staff
Assistant for the Extension Services Division, for her 19 years of service to
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Ms. Eplin.
by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt
appropriate Resolution #2008-R-166, as shown on page _______, recognizing
Vernon J. Dillon, Senior Herbicide Applicator, for 33 years of service to
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Dillon.
Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-168, as shown on page _______, recognizing Alvin C. Lee, Jr., Equipment Operator II, for 37 years of service to Seminole County and its citizens upon his retirement on July 31, 2008.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Lee, who addressed the Board to express his appreciation.
The Chairman recessed the meeting at 9:42
a.m., in order to convene the meeting of the
Chairman Carey discussed Item #16, Local Affordable Housing Assistance Plan (LHAP), and questioned if the Board is comfortable with changing the maximum amount of assistance from $130,000 to $80,000.
Shirley Davis-Boyce, Community Assistance, addressed the Board to give a history of the program, advising over the past year they have served over 80 customers and the average award was $80,000. She added that staff wants to make sure they are not over-subsidizing.
Commissioner Henley stated this would allow the servicing of more people.
Chairman Carey also expressed her concern that the investment money from the applicants cannot come from gift funds. The Board agreed that the language on page 10 should be revised to allow for gift money being used by the applicants.
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve and authorize the following:
Purchasing and Contracts
5. Continued until August 12 request to waive the procurement process for non-GSA services, and Award CC-3220-08/DMR - Seminole County Fire Training Tower in the amount of $998,823.00 to WHP Trainingtowers of Overland Park, Kansas, for all labor, material, equipment, transportation, coordination and incidentals necessary to supply, delivery and erection of a (5) five story tower for the Seminole County Fire Training Facility located at 201 Valentine Way, Longwood, Florida.
RFP-600326-08/TLR – Term Contract, as shown on page _______, for Pest Control
Services to Terminix Commercial,
CC-3445-08/VFT Contract, as shown on page _______, in the amount of
$2,927,000.00 to Wharton-Smith, Inc., of Sanford, Florida for all labor,
materials, equipment, tools, transportation, services and incidentals required
for providing the Markham reclaimed water storage/repump station. The project
is located at the Southeast corner of
8. Award CC-3519-08/JVP Contract, as shown on page _______, Midway Regional Stormwater Facility and FDOT Embankment in the amount of $2,875,264.86 to Johnson Brothers, LLC of Orlando, Florida, to provide for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct the Midway Regional Stormwater Facility and FDOT Embankment for SR 415 from Seminole County Line to Reed Ellis Road.
Amendment #2, as shown on page _______, for RFP-4114-01/JVP – Term Contract for
Recycling Processing Services, Recycle America Alliance, LLC,
10. Approve ranking list and authorize staff to
negotiate rates for PS-3166-08/DRS Engineering Study and Design Services for SR
426 at Aloma Woods Stormwater Project and other projects within
11. Approve Amendment #1, as shown on page
_______, to PS-5139-03 with Inwood Consulting Engineers,
12. Approve Sole Source Procurement for the
Purchase of Annual Maintenance of the Geographic Information Services (GIS),
with Environmental Systems Research Institute, Inc. (ESRI),
13. Waive the procurement process and approve
Amendment #1, as shown on page _______, to M-3540-08/DRR with Structural
Preservation Systems, LLC,
14. Approve and authorize the Chairman to execute First Renewal, as shown on page _______, of Lease Agreement for State of Florida Department of Law Enforcement Secondary Computer Data Storage Site.
Administration - Community Services
15. Approve the eight 2008/2009 Edward Byrne Memorial
Justice Assistance Grant applications and authorize the Chairman to execute all
required documents, as shown on page _______, for the following:
16. Approve an amendment and revisions, as shown on page _______, to the Local Affordable Housing Assistance Plan (LHAP), as amended on page 15, for years 2007/2008, 2008/2009, and 2009/2010, and authorize staff to submit the amended and revised LHAP to the Florida Housing Finance Corporation (FHFC).
17. Approve and authorize the Community Assistance Division to submit the 2008/2009 One-Year Action Plan to the U.S. Department of Housing & Urban Development (HUD), and authorize the Chairman to execute all related forms and certifications, including the Grant Agreements with HUD, the Environmental Review Record, including the Finding of No Significant Impact and Request for Release of Funds (FONSI/RROF), and to execute all subsequent CDBG, HOME, and ESG Subrecipient Agreements.
18. Approve and authorize the Chairman to execute
the Assumption of Mortgage Agreement, as shown on page _______, with Penelope
Myers for the SHIP Affordable Housing mortgage originally made by Joan King
encumbering the real property located at
19. Approve and authorize the Chairman to execute
the Satisfactions of Second Mortgage, as shown on page _______ for the
following households assisted under the SHIP Home Ownership Assistance Program
or the Emergency Repair Housing Program:
Geneva L. Mitchell, Murlene Penn, Johnny Butts & Andrea S. Butts,
Joyce Campbell, Inez W. Collins, Mary A. Corbett, Wanda K. Daugherty, John T.
Davis & Linda Fortson Davis, Ivonne De Los Santos, Amy M. Doddridge,
Rosemarie Hall, Donnetta R. Hill, Doreen Kirk, Petra Merkel, Thelma Patterson,
John C. Strickland, Sheila A. Thomas, and Glen E.
Tilson & Jana Knudson.
20. Approve the Release of the original Water and Sewer Maintenance Bond in the amount of $30,536.00 for the project known as Shoppes at Hunt Club/Am South.
21. Approve the Release of the original Water and Sewer Maintenance Bond in the amount of $17,470.80 for the project known as Lake Mary Professional Campus.
22. Approve the Release of the original Cash
Maintenance Bond and Escrow Agreement in the amount of $4,568.94 for the
project known as
Planning Engineering Inspections
23. Approve and authorize the Chairman to execute
The Second Amendment, as shown on page ______, to the Memorandum of
Understanding between the St. Johns River Water Management District and
23A. Approve & authorize the Chairman to execute the Amendment, as shown on page _______, to the Conditional Utility Agreements for Potable and Reclaimed Water & Sewer Service with Exhibit G’s for both Agreements for oversizing/extension of the off-site potable and reclaimed water & sewer facilities for the subdivision Acuera.
Administration – Fiscal Services
24. Approve and authorize the Chairman to execute
the Agreement, as shown on page _______, between the Florida Division of
Emergency Management and
25. Approval for the County to remain an applicant
requesting $168,750.00 from the U.S. Department of Homeland Security through
their Emergency Operations Center Grant program; and authorize the
26. Approve and authorize the Chairman to execute a supplemental award Letter, as shown on page _______, from the Florida Division of Emergency Management in acceptance of an additional $40,313.00 in grant funds through the EMPA Base Program.
27. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-169, as shown on page _______, implementing Budget Amendment Request (BAR) #08-64 through the Public Safety Federal Grant Fund in the amount of $42,322.00 to increase funding for the Public Safety Federal Grant Fund.
28. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-170, as shown on page _______, implementing Budget Amendment Resolution (BAR) #08-76 through the General Fund for a total of $600,000.00 to increase funding for Tax Collector's commissions.
29. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-171, as shown on page _______, implementing Budget Amendment Request (BAR) #08-77 through the EMS Matching Grant Fund and Fire Protection Fund in the amount of $308,370.00 for the purchase of sixteen (16) automated CPR devices.
30. Approve and authorize the Chairman to execute
appropriate Resolution #2008-R-172, as shown on page _______, implementing
Budget Amendment Request (BAR) #08-81 through the 1991 Infrastructure Sales Tax
and West Collector Transportation Impact Fee Funds in the amount of
$1,088,924.00 in order to fund the
31. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-173, as shown on page _______, implementing Budget Amendment Request (BAR) #08-82 through the Library Donations Fund in the amount of $22,000.00 in order to recognize donations by the Friends of the Library and to appropriate funds necessary to lease computers for citizen use.
32. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-174, as shown on page _______, implementing Budget Amendment Request (BAR) #08-83 through the Public Safety Grants Fund in the amount of $40,313.00 to increase funding for the Public Safety Emergency Management Performance Grant.
33. Approve and authorize the Chairman to execute appropriate Budget Change Request (BCR) #08-30 through the General Fund in the amount of $50,400.00 to increase funding for the Community Assistance program.
34. Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-33 in the Water and Sewer 2006 Bond Fund, in the amount of $1,167,680.00 to increase funding for the Markham Reclaim Storage/Repump Project.
35. Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-34 through the Water and Sewer 2006 Bond Fund in the amount of $245,269 to increase funding for the Markham Woods Road Utility Project.
36. Authorize staff to advertise and schedule a public hearing for presentation of the proposed Port Authority budget for Fiscal Year 2008/09.
37. Approve appropriate Resolution #2008-R-175, as shown on page _______, as revised, establishing the 2008 assessment rate for each MSBU for which annual establishment of a revised assessment rate is a condition of existence.
Information Technology Services
38. Approve and authorize the Chairman to execute the Seminole County 800 MHz Rebanding Interlocal Agreement, as shown on page _______, with Seminole County School Board.
Planning and Development
39. Approve and authorize the Chairman to execute the final plat for Enclave Subdivision, located on Markham Road in Section 36, Township 19S, Range 29E, Silver Sea Homes, Inc.
40. Authorize release of the Highcroft Pointe Townhomes Private Road Maintenance Bond #5005241-2 in the amount of $98,619.00 for the Highcroft Pointe Townhomes road improvements.
41. Authorize release of the Private Road Maintenance Agreement and Irrevocable Standby Letter of Credit #55100380 in the amount of $55,965.00 for the Summerfield Subdivision road improvements.
42. Approve and authorize the Chairman to execute
the final plat for the Acuera Subdivision located at the southwest corner of
43. Authorize the release of Performance Bond #B98815017258 for Banyan Pointe Subdivision as requested by Ashton Orlando Residential, LLC.
44. Approve and authorize payment in the amount of
$57,355.68 for work performed by Lake Monroe Development, LLC, in conjunction
with the County Road 15 Road Improvement Project (from State Road 46 to
45. Adopt appropriate Resolution #2008-R-176, as
shown on page _______, and authorize the Chairman to execute a Local Agency
Program (LAP) Agreement, as shown on page _______, with the Florida Department
of Transportation for the design of Audible Pavement Markings on
46. Adopt appropriate Resolution #2008-R-177, as
shown on page _______, authorizing the Chairman to execute a Quitclaim Deed, as
shown on page _______ releasing all interest in certain property (FDOT Parcel
No. 127.4R) to the Florida Department of Transportation in conjunction with the
Interchange Project at State Road 436 and
47. Approve and authorize the Chairman to execute
an Interlocal Agreement, as shown on page _______, between
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner McLean, seconded by Commissioner Dallari to approve and authorize the following:
48. Authorize the issuance of an Offer of Judgment
for Parcel Numbers 102/702 on the County Road 15 road improvement project.
49. Authorize the issuance of an Offer of Judgment for Parcel Number 111, Waddle Property, for the County Road 15 road improvement project in the amount of $45,000.00 exclusive of statutory interest, attorney’s fees, and cost reimbursements.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner McLean to approve and authorize the following:
50. Expenditure Approval Lists, as shown on page _______, dated June 9, 16, 23 and 30, 2008; Payroll Approval Lists, as shown on page _______, dated June 12 & 26, 2008; and approval of Official Minutes dated June 10 & 24, 2008.
The Board noted, for information only, the following Clerk’s “received & filed:”
1. Copy of memorandum to Ann Colby, Assistant
County Attorney, from Matthew G. Minter, Deputy County Attorney, requesting a
basic services agreement regarding
2. Certificate of Completion, as shown on page _______, for CC-1416-06.
3. Memorandum to Sandra McCann, Commission
Records, from Shirley Berrie,
4. Work Order #78, as shown on page _______, to PS-5150-03.
5. Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $15,532 for Markham Woods Enclave.
6. Change Order #5, as shown on page _______, to CC-2583-07.
7. Work Orders #29, #30 and #31, as shown on page _______, to PS-1529-06.
8. Second Amendment, as shown on page _______, to M-491-05, Rainbow Distributors USA, Inc.
9. Work Order #8, as shown on page _______, to PS-5185-05.
10. Tennis Developmental Instructor Agreements, as shown on page _______, for Mason Addison, Gabriela Celi and Rachel Magory.
11. Amendment #1, as shown on page _______, to M-2636-07, Camp, Dresser & McKee, Inc.
12. Change Orders #1 and #2, as shown on page _______, to CC-2396-07.
13. Work Order #5, as shown on page _______, to PS-5106-01.
14. Performance Bonds, as shown on page _______, in the amount of $391,883.80 for Roads, Streets and Drainage; and in the amount of $45,156.10 for Water and Sewer for Reserve at Alaqua Country Club.
15. Agreements CC-2183-07 and CC-2184-07, as shown on page _______, with Unipark Construction Corporation.
16. Agreement CC-2183-07, as shown on page _______, with Sovanic, Inc. d/b/a Manor Homes.
17. Certificate of Completion, as shown on page _______, for Work Order #15 to CC-1075-06.
18. Amendment #1, as shown on page _______, to Work Order #17 for PS-1074-06.
19. Amendment #1, as shown on page _______, to Work Order #13 for PS-5190-05.
20. Work Order #11, as shown on page _______, for CC-1284-06.
21. Amendment #3, as shown on page _______, to Work Order #16 for PS-0381-06.
23. Amendment #1, as shown on page _______, to Work Order #87 for PS-5165-04.
25. Addendum #2, as shown on page _______, to the Greenway Pointe PUD Developer’s Commitment Agreement.
Orders, as shown on page ________, as follows:
Joseph F. DePaulis,
27. Amendment #2, as shown on page _______, to Work Order #1 for PS-5156-04.
28. Assistant and Associate Tennis Pro Agreements, as shown on page _______, with Lauren Wolken and Sarah Harkins.
29. Third Amendment, as shown on page _______, to PS-5168-04, Camp Dresser & McKee.
30. Certificate of Completion, as shown on page _______, for CC-0376-05.
31. Work Order #35, as shown on page _______, to PS-1529-06.
32. Amendment #1, as shown on page _______, to Work Order #89 for PS-5165-04.
33. Seventh Amendment, as shown on page _______, to RFP-4174-02, Vila & Son Landscaping.
34. Parks Contract for Services, as shown on page _______, with the following: Debby Fowler; Daniel Tucker; Valerie Long; Laura Massey; George Miller; and Jennifer Morse.
35. Maintenance Bond, as shown on page _______, in the amount of $49,413.67 for Savannah Park Townhomes.
36. Work Order #4, as shown on page _______, to CC-2183-07.
37. Third Amendment, as shown on page _______, to RFP-4245-05, Nortrax Equipment Company Southeast, L.P.
38. Work Orders #1 and #2, as shown on page _______, to RFP-2251A-07.
39. Term Contract IFB-600408-08, as shown on page _______, with Express Supply, Inc.
40. Work Order #79, as shown on page _______, to PS-5150-03.
41. Amendment #1, as shown on page _______, to Work Order #26 for PS-1074-06.
42. Basic Contract #M-3540-08, as shown on page _______, with Structural Preservation Systems, LLC.
43. Letter of acceptance and Bill of Sale, as shown on page _______, for Markham Woods Enclave.
44. Work Orders #10, #11 and #12, as shown on page _______, to CC-1741-07.
45. Change Orders #1, as shown on page _______, to Work Orders #2 and #3 for CC-1075-06.
46. Amendment #1, as shown on page _______, to W.O. #1 to RFP-0996-06.
47. W.O. #4, as shown on page _______, to RFP-4233-04.
48. W.O. #1, as shown on page _______, to PS-2468-07.
49. W.O. #2, as shown on page _______, to PS-2468-07.
50. W.O. #60, as shown on page _______, to PS-5120-02.
51. Close-out Document, as shown on page _______, for W.O. #21 to CC-1075-06.
52. W.O. #69, as shown on page _______, to CC-1220-03.
53. W.O. #31, as shown on page _______, to PS-1074-06.
54. W.O. #101, as shown on page _______, to PS-5165-05.
55. Fifth Amendment, as shown on page _______, to RFP-4253-05.
56. Amendment #1, as shown on page _______, to PS-0984-06.
57. W.O. #37, as shown on page _______, to PS-1529-06.
58. W.O. #80, as shown on page _______, to PS-5150-03.
59. Letter of Credit, as shown on page _______, for Devon Green IV in the amount of $5,670.
60. Notice to
Taxing Authorities from the City of
61. Park Agreement, as shown on page _______, for John Harkins, Assistant, Tennis Tournament.
License & Technical Services Order Form and License Agreement, as shown on
page ______, with Software AG
63. Solicitation CD’s for CC-3445-08/VFT.
64. W.O. #2, as shown on page _______, to RFP-0580-06.
65. W.O. #59, as shown on page _______, to RFP-4214-04.
66. Fourth Amendment, as shown on page _______, to RFP-4143-01.
67. C.O. #3, as shown on page ______, to CC-1114-05.
68. Fourth Amendment, as shown on page ______, to IFB-3096-04.
69. C.O. #2, as shown on page _______, to CC-2324-07.
70. W.O. #76, as shown on page _______, to PS-5150-03.
71. Amendment #1, as shown on page _______, to W.O. #8 to PS-1529-06.
72. Amendment #5, as shown on page _______, to CC-1267-05.
73. Agreement #M-3633-08, as shown on page _______, with Pate Engineering.
74. First Amendment, as shown on page _______, to IFB-600150-07.
75. Agreement for RFP-600402-08, as shown on page _______, HLP, Inc.
76. Second Amendment, as shown on page _______, for PS-1025-06.
77. Dental Contract & Policy, as shown on page _______, with Starmark Benefits as approved by the BCC on September 11, 2007.
78. Amendment to
Letter of Credit, as shown on page ________, for Parke at
79. Memoranda from County Attorney’s Office transmitting Temporary Construction Easements, as shown on page _______, for the Lake Emma Road project from the following: Parcel #729B/Regency Park at Lake Mary Condominium Association, Inc.; Parcel #711/Hidden Cove; and Parcel #706/Brentwood Club HOA of Longwood.
80. Bill of Sale and letter, as shown on page _______, accepting water & sewer for Savannah Park Townhomes.
81. Development Orders, as shown on page _______, from the Board of Adjustment as follows: Cork & Olive; Patrick & Michele Murphy; Paul Linartas; Malcolm Trigg & Margaret Waller; Frances Morro; Loren Wadsworth; Norman & Ana Lamberty; Mary Vogel; Russell & Stefanie Kitner; Robert & Mildred Lipka; Lizzie Williams; Michael & Patricia Gallagher; and Cleopatra Goble.
82. Notice of Reversion, as shown on page _______, with regard to the purchase of Fire Station #13 from Florida Conference Association of Seventh Day Adventists.
83. Transmittal package of the adopted Small Scale Plan Amendments to the Comprehensive Plan for 2007.
84. Bids as follows: RFP-600326-08; 600427-08; PS-3306-08; RFP-600429-08; RFP-600226-07; RFP-600227-07; CC-3371-08; CC-3445-08; CC-3321-08; CC-3519-08; IFB-600321-08; and IFB-600325-08.
51. Approve and authorize Chairman to execute appropriate Resolution #2008-R-180, as shown on page _______, implementing Budget Amendment Request (BAR) #08-85 through the General Fund in the amount of $21,045.00 for Child Protective Services Training.
52. Approve and authorize Chairman to execute appropriate Resolution #2008-R-181, as shown on page _______, implementing Budget Amendment Request (BAR) #08-86 through the General Fund in the amount of $160,000.00 to increase funding for the Sheriff’s Office operations.
Districts 1, 2, 3, 4 and 5 voted AYE.
Maggie Ketcham, Addressing, addressed the
Board to present the request to change the name of
District Commissioner Dallari suggested a
compromise – renaming the portion of
Chairman Carey pointed out that the petition included only 23 households located on the road and the rest of the signatures were from people who live out of the area. District Commissioner Dallari pointed out that the other people who signed the petition attend the church located on the road. Discussion ensued.
Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-182, as shown on page _______, approving the changing of the street name of Seminola Boulevard (from the traffic light at Lake Drive going east to Tuskawilla) to East Lake Drive.
Districts 1, 2 and 3 voted AYE.
Commissioners Henley and Carey voted NAY.
Director of Fiscal Services, Lisa Spriggs, addressed the Board to request approval of the millage rates for the Truth In Millage (TRIM) notification and the scheduling of the first public hearing to adopt the FY 2008/2009 Budget. She discussed the impact Amendment 1 has had on the County and reviewed with the Board the additional information distributed regarding millage rates, including the current rate, maximum, rolled-back rate, and staff’s recommendation. She advised the proposed budget, as presented, is structurally unbalanced by approximately $14 million. She said revenues continue to decline and where they had projected that reserves would carry the County through the year 2011, it is now the year 2010.
Upon inquiry by Commissioner Henley, Ms. Spriggs stated by going with staff’s recommended millage rate, it would provide $5.5 million toward the $14 million deficit.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to set the tentative millage rates, as recommended by staff, (General Services – 4.5379; Fire/Rescue – 2.3299; Unincorporated Roads – 0.1107; and Voted Debt – 0.1451; Total 7.1236) to be included in the TRIM notifications; and authorize staff to schedule public hearings for the adoption of the tentative and final millage levy and budget for FY 2008/2009.
Districts 1, 2, 3, 4 and 5 voted AYE.
Director of Public Works, Gary Johnson, addressed the Board to advise Jimmie Beach will be giving the status of the Alternate Surface Treatment and Supplemental Paving Program and asking the Board to accept the 135 miles that will be completed during this fiscal year.
Jimmie Beach, Public Works, addressed the Board to give a PowerPoint presentation (copy received & filed) with regard to the paving program. He reviewed the history of the program, advising the original program was for three years, then years four and five were added; and, finally the supplemental paving program was created to pave the remaining emergency maintenance roads left in the system. He said 13 additional miles have been paved since staff last briefed the Board on April 27, 2004. He displayed a chart depicting the roads that were removed from the paving program by district. These roads were either removed because of lack of right-of-way donations or residents signed a petition to stop the paving; and they will receive emergency maintenance only. He pointed out the roads on the list that are private and, therefore, will not receive emergency maintenance. He displayed a chart of recent requests for paving and advised the County no longer accepted unpaved roads in the County maintained system after October 1, 2003. He advised that in FY 07/08, Public Works will conclude the 9th and final year of the program and at its conclusion a total of 135 miles of dirt roads will have been paved. He reviewed the reduction of grading, advising this will save an estimated $90,000 annually; and stressed that emergency maintenance will now only be done on roads that exhibit an emergency condition of such severity that an owner residing on the road is deprived vehicular access to his or her property.
A brief discussion ensued with regard to the criteria that must be met in order to receive emergency maintenance.
Chairman Carey discussed
Commissioner McLean said he believes the Board needs to be careful about selecting one road over another. Whereupon, Commissioner Henley agreed, stating this program is over and the money is gone.
Chairman Carey stated she believes
Motion by Commissioner Dallari, seconded by Commissioner Henley to approve and accept the roadways paved through the Alternate Surface Treatment and Supplemental Paving Program into the County Road System, as presented.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
Clerk of Circuit Court, Maryanne Morse, objected to the change, stating from a financial and auditing standpoint she would prefer the reporting to continue on a monthly basis. She said that will be following the direction that they originally agreed to when the budget changes were made a year and a half ago.
Upon inquiry by Commissioner McLean, Ms. Morse stated the volume of these changes could increase rather rapidly and she does know that there have been some budget changes which have been rejected and were required to be taken to the Board.
Chairman Carey stated that just this month there are over a dozen changes amounting to $15 million; and she does not know why it is an issue to report these to the Board on a monthly basis.
Commissioner Henley said they have only been doing the reporting for six months and prior to that all the changes were required to come to the Board.
Commissioner Van Der Weide stated he would like to leave the reporting as is.
The Board, by unanimous consensus, directed that the Budget Amendment report continue to be done monthly.
The Chairman recessed the meeting at 10:50 a.m., reconvening it at 10:55 a.m., this same date. Clerk of Circuit Court Maryanne Morse left the meeting at this time
Dr. John Cirello, Director of Environmental
Services, addressed the Board to give a PowerPoint presentation (copy received
& filed) on Ozone Treatment for the County’s water treatment
facilities. He explained the following:
current groundwater treatment process; natural elements in groundwater;
chlorine usage in treatment; disinfection by-products (DBPS); and oxidation
treatment choice. He stated the DBP’s
can be reduced by eliminating the chlorine oxidation. He reviewed the regulations and the ozone
oxidation process, stating this process is the best option for the County to be
in compliance. It also eliminates the
taste and odor problems and provides disinfection. He said they would still be required to put
in chlorine, but not as much. He
displayed a graph (received & filed) showing the DBP trends for the Markham
Regional Water Treatment Plant from 2000 to 2007 and discussed same. He advised the maximum EPA contaminant level
is 80 THM MCL, and said it is regulated based on an annual average. He stated that the running annual average for
Dennis Westrick, Environmental Services, addressed the Board to advise the renovation cost for the three plants would be $60 million.
Upon inquiry by Chairman Carey, Dr. Cirello stated that the new regulations come into effect in 2012 and if the County is in violation, they will be fined $10,000 a day per facility.
Discussion ensued with regard to the bonding to make these improvements.
Commissioner Henley expressed his concern that these improvements were not included in the first phase of the bonding.
Commissioner Van Der Weide pointed out that this will ultimately be paid for by the rate payers who use the utility.
Dr. Cirello advised the County’s water quality is good, but staff is trying to meet the future DEP requirements.
Commissioner Henley stated he believes it
is important for
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize joining in the litigation by FAC, in an amount up to $5,000, with regard to challenging the constitutionality of the Conflict & Civil Regional Counsel.
Under discussion, Commissioner McLean stated he does not believe that the County should be funding any dollars for the Conflict Counsel until after this litigation is resolved.
Commissioners Henley and Van Der Weide agreed to add that stipulation to the motion.
Ms. Coto updated the chart and advised that
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Coto requested Board direction on the Federal Lobbyist contract that is ending on September 30, 2008. She said there is no contract extension available.
Chairman Carey stated she believes Alcalde
& Fay have been helpful, especially when the Board is visiting
Commissioner Dallari said the upcoming Transportation Bill will be very important to the County and be believes it would be prudent to have a lobbyist to cover this as well as a multitude of other issues.
Commissioner Van Der Weide objected to renewing this contract, stating he believes it is a waste of money. He said Congressman Mica is a major player and he saw him last week. He further said he does not see the need for spending taxpayers’ money and he does not see the benefit.
Upon inquiry by Commissioner McLean, Ms. Coto advised last year the County spent $72,000 for the federal lobbyist.
Commissioner McLean questioned if it is possible to establish the amount that the County would be willing to pay.
Commissioner Henley stated that when the money is the shortest, is when the lobbyists are needed the most. He said he believes the County needs their assistance now more then ever.
Chairman Carey stated if it is the Board’s pleasure to continue with a Federal Lobbyist, she is not interested in going through the bid process again. She said she would rather have a discussion with the current lobbyist about a specific scope of service.
Ms. Coto advised the Board would have to waive the procurement process and award a contract for an additional year. She asked that the Board give staff an idea on the dollar figure.
Motion by Commissioner Dallari, seconded by Commissioner McLean to waive the procurement process with regard to the Federal Lobbyist contract; and authorize staff to negotiate a new contract with Alcalde & Fay.
Districts 1, 2 and 4 voted AYE.
Commissioners Van Der Weide and Carey voted NAY.
Commissioner Van Der Weide requested staff
provide him with a list of names of everyone working for that firm who lives in
The Chairman recessed the meeting at 11:38 a.m., reconvening at 1:32 p.m. with all Commissioners and all other Officials, with the exception of Clerk Maryanne Morse who was not in attendance, and 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 Henley, seconded by Commissioner Dallari, to authorize filing the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Coto advised that the Agenda Items #60, Appeal Board of Adjustment, Louis Morgan; and #61, Small Scale Land Use Amendment and Rezone, Jack Reynolds, will not be heard today due to errors in advertising, but they will be heard by the Board on the August 12, 2008 agenda.
CHARTER OAKS/TAMARAK MSBU
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution establishing final assessments for the Charter Oaks/Tamarak Municipal Services Benefits Unit, received and filed.
Kathy Moore, MSBU, addressed the Board to present the request. She acknowledged the Public Works Department for their assistance and to community liaison who donated his time to see this project through completion. She stated this project represents the second of two pilot sites. Review of the wall projects will be presented to the Board at a later date. Also, at that time, the MSBU Program will seek Board direction as to offering wall projects as an approved project type of MSBU funding.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the Chairman to execute Resolution #2008-R-178, as shown on page _______, establishing the final assessments for the Charter Oaks/Tamarak Municipal Services Benefits Unit, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
EVALUATION AND APPRAISAL
REPORT (EAR) AMENDMENTS
Proof of publication, as shown on page _______, calling for a public hearing to consider approval to transmit the Evaluation and Appraisal Report (EAR)-based text and map amendments to the Seminole County Comprehensive Plan to the State Department of Community Affairs (DCA), received and filed.
Sheryl Stolzenberg, Planner, addressed the Board to present the request. She gave a PowerPoint (copy received and filed) presentation that covered the following topics: What is the Comprehensive Plan?; Why Do We Need to Update?; Other Planning Efforts Considered; Recommended Changes; and Next Steps. She explained that this hearing is the midpoint and not the end of the process. The public can continue to send their comments to staff and/or attend the adoption hearing in December. The staff has recommendations being brought forth at this time to also go to the State Department of Community Affairs for their review and comments.
Ms. Stolzenberg reviewed the proposed text amendments and proposed amendments to the Future Land Use Map, as identified in the staff report.
Commissioner Van Der Weide stated he thinks it is important that the public realizes, as Ms. Stolzenberg said, that this is mandated by State law every seven years. He said he’s getting calls from people in the community who sees this as further eroding private property rights and they would like to get a commitment from the Board that it is not their plan to do that.
Ms. Stolzenberg said staff hopes they are giving people greater flexibility and not taking anything away from them.
Chairman Carey stated the staff has done a great job working through this. She further stated that between the time of transmittal and the adoption hearing, the Board will have an opportunity to read the completed document (copy received and filed).
Commissioner McLean also complimented the staff on doing a great job.
direction of Chairman Carey, Dori DeBord addressed the comment by Attorney
Latham that the maps don’t show the city jurisdictions. Ms. DeBord explained that it is not
statutorily required to show the city jurisdictions, but staff does show the
jurisdictional line which is required by Section 163. She said it is also not required in the
Comprehensive Plan or in the City’s Comprehensive Plan to show the land uses of
neighboring jurisdictions. At this point
in time, the County’s Comprehensive Plan accurately shows the
Ms. DeBord advised Chairman Carey that on Exhibit 4, the land use was not changed on the map for the triangular property Attorney Latham pointed out, but the map continues to represent the same future land use it has had all along and represents where the urban/rural boundary line exists in the County.
Chairman Carey asked at what time will the staff sit down with the cities and other surrounding jurisdictions to make sure they don’t have conflicting recommendations. Ms. DeBord explained the staff sends copies of the County plan to the cities and they have the right to review it prior to adoption and make any comments. When the cities’ plans come forward for transmittal, they will send copies to the County and the staff will review their plans.
Upon inquiry by Commissioner Dallari, Ms. DeBord said the green density bonus initiative has been removed from the Plan, but the Workforce Housing up to 20% remains.
Therefore, Commissioner Dallari said he would like to see if there is a consensus to put the green initiative back in the Plan and they can work on that between now and adoption of the Plan.
Commissioner Henley said he could support that because that gives the Board the opportunity to revisit it.
Chairman Carey asked Ms. DeBord to schedule time as staff comes up with their recommendations on this before this comes back before the Board for final adoption. She said the Commissioners have all supported the green initiative where it makes sense, but it is still a complex issue.
Commissioner Van Der Weide stated it will be very interesting to know what the financial impact will be. He asked if they can get a better handle on that.
Carey said there are a lot of things people can do that don’t cost a lot of
money. There are some things that the
cost of return is so great that most people will never do them. She said the HBA may be able to help staff and
DeBord stated the bonuses are an incentive program and it is not a requirement
for a developer to go green or implement a bonus. She said the cost to the County is nothing,
but the cost to the developer may be some additional development that would be
able to be leased or sold. Staff sees
this as an advantage to the business community to add this to the
equation. She said staff will be glad to
schedule a workshop with the Board and bring back some examples of FAR’s. The staff is working to try to do a 3D
presentation to show what it would look like along the corridor to implement
some of these items. She said she will
work with the
Ms. DeBord advised Commissioner Van Der Weide that staff will provide information on what this initiative will cost.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner McLean, seconded by Commissioner Dallari, to transmit the Evaluation and Appraisal Report (EAR)-based text and map amendments to the Seminole County Comprehensive Plan to the State Department of Community Affairs; as described in the proof of publication.
Under discussion, Chairman Carey clarified with Commissioner McLean that the transmittal will include the addition of the “green” language.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. DeBord expressed that this has been a huge challenge to her staff and she thanked the Board for their time and patience in working with staff to make this happen. They are looking forward to transmitting the EAR to the State, getting those comments and bringing it back to the Board for adoption.
Chairman Carey reiterated that Items #60 and #61 will come back before the Board at the next Commission meeting.
Chairman Carey advised at the last Metropolitan Planning Organization meeting, they had a couple of things brought to their attention that she would like to share with the public. One is the Road Rangers program. This program is funded now mostly by the Department of Transportation (DOT) and as part of the funding cuts, DOT is looking at cutting their funding. Part of what the Road Rangers are looking for in order to continue to provide this service is private sponsorships. She thinks there are a lot of businesses looking for opportunities to get their names before the public. This may be an opportunity to do that in a way that will help all the citizens and it’s an excellent opportunity to advertise a business. Also, at the meeting, there was a presentation by the local chapter president of AARP who told of a lot of the programs offered for senior citizens that they may not be familiar with. One of these is the Driver Safety Course. The president said taking the course qualified her for a reduction in premium in her automobile insurance. Chairman Carey said some seniors might take note of that information.
Chairman Carey stated she received a letter (not received and filed) forwarded from Sheriff Eslinger that he received personally about the County’s potable water line connection check valve. The concern is that the Sheriff has a well he uses for irrigation and it is not connected to the County’s system. His question is why is he getting a letter that he has to have the check valve installed. The cost is approximately $375. Chairman Carey said she thinks the staff needs to go back and look at what they are doing. She said the tone of the letter is threatening and a couple of people who called her office were seniors and they were scared to death when they received the letter. She asked staff to go back and review what is going on and who is being sent these letters.
Chairman Carey stated she has a request from Commissioner McLean for his pre-approved trip to the FAC Conference. She has spoken to Ms. Coto about adding a line item to the Board’s Consent Agenda to show a travel expense to be approved as a regular item. Without that being in place today, she asked for the Board’s approval of $290.08 travel reimbursement to Commissioner McLean for mileage incurred to go to the FAC Conference.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve travel reimbursement in the amount of $290.08 to Commissioner McLean for mileage incurred to go to the FAC Conference.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated that from this point forward, the requests for travel reimbursement will come before the Board as a regular consent agenda item.
Carey announced that on July 27, “Keep Seminole Beautiful” is having their
annual picnic at Captain’s Cove at the
Chairman Carey stated on July 30 and 31, the Budget Workshops will be held in the BCC Chambers beginning at 9:00 a.m. each morning, and they are scheduled from 9 a.m. to 5 p.m. on both days.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed.
1. Letter dated June 16, 2008 from Congressman John Mica to Chairman Brenda Carey re: CSX liability agreements.
2. Letter dated June 20, 2008 from Ray Eubanks, DCA, to Chairman Brenda Carey re: Comprehensive Plan Amendment No. 08-1, adopted by Ordinance No. 2008-29.
dated June 23, 2008 from Pat Lee, CMC, City of
4. Copy of letter dated June 24, 2008 from Jason Weeks, Altamonte Sports & Programs, to Sharon Sears, Seminole County Convention and Visitors Bureau, re: Florida Half Century tournaments.
5. Letter dated June 25, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the DOR certification of the 2008 taxable values.
6. Letter dated June 25, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the DOR certification of the 2008 taxable values (Fire District).
7. Letter dated June 25, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the DOR certification of the 2008 taxable values (Road Improvement District).
8. Letter dated June 25, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the DOR certification of the 2008 taxable values (Unincorporated Stormwater Management).
9. Letter dated June 26, 2008 from Karl Welzenbach, Volusia County MPO, to Chairman Brenda Carey re: transportation priorities, Resolution No. 2008-13.
10. Letter dated June 26, 2008 from Karl Welzenbach, Volusia County MPO, to Chairman Brenda Carey re: transportation priorities, Resolution No. 2008-14.
11. Letter dated June 26, 2008 from James Mosieur, RMS Foundation, to Chairman Brenda Carey re: donation of cell phones for emergency calls.
12. Letter dated June 26, 2008 from Cindy Coto to Jeffrey Deen, Criminal Conflict and Civil Regional Counsel, re: status of Regional Conflict Counsel.
13. Memorandum dated June 26, 2008 from Jerry
14. Letter dated June 26, 2008 from Diane Pickett Culpepper, Bright House, to Chairman Brenda Carey re: programming.
15. Letter dated June 27, 2008 from George Grandy, Jr., Regional Director, US Census Bureau, to Chairman Brenda Carey re: the need for office space in preparation for the 2010 Decennial Census.
16. Letter dated June 27, 2008 from Commissioner
Carlton Henley to President John Hitt, UCF, re: federal lawsuit over the denial of the cell
17. Letter dated July 1, 2008 from Karl Welzenbach, Volusia County MPO, to Commissioner Carlton Henley re: Resolution 2008-16 in support of maintenance of funds for SR 415.
18. Letter received July 2, 2008 from the city of
19. Letter dated July 2, 2008 from John Saboor, President, Central Florida Sports Commission, to Jason Weeks, Altamonte Sports and Programs, re: response to letter dated June 24, 2008.
20. Letter dated July 3, 2008 from John Cathcart
to the Seminole County Board of
21. Memorandum dated July 3, 2008 from the city of
22. Letters dated July 3, 2008 from the city of
23. Notices of Public Hearings received from the city
24. Notice of Public Hearing received from the city
25. Letter dated July 7, 2008 from Paige Barbara
Woodall to Chairman Brenda Carey re:
26. Copy of letter dated July 8, 2008 from Chairman Brenda Carey to Attorney General Bill McCollum re: request for opinion.
27. Letter dated July 10, 2008 from Commissioner Fred Brummer to Chairman Brenda Carey re: appreciation for the endorsement of the Commission for his appointment to the TRAP and RRAC.
28. Letter dated July 11, 2008 from Emmanuel Tormes, Special Assistant to the Governor, to Chairman Brenda Carey re: offering assistance and contact information in case of disaster.
29. Letter dated July 11, 2008 from Cathy Collins, Budget Supervisor, Property Tax Oversight, Florida Department of Revenue, to David Johnson, Property Appraiser, re: budget request for operation of office for 08-09.
30. Letter dated July 13, 2008 from Paul Daigle, CRA Chairman, Casselberry CRA, to Chairman Brenda Carey re: copy of the 06/07 CRA Audit.
31. Letter received July 14, 2008 from Latrell Barfield to Chairman Brenda Carey re: changing the code that requires the lawn to be cut if it is more than 3 feet high.
32. Letter dated July 15, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the budget for the 2008-2009 fiscal year for the Seminole County Property Appraiser’s Office.
33. Letter dated July 15, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the budget for the 2008-2009 fiscal year for the Seminole County Property Appraiser’s Office (Unincorporated Road District’s proportionate share).
34. Letter dated July 15, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the budget for the 2008-2009 fiscal year for the Seminole County Property Appraiser’s Office (proportionate share for the Fire District).
35. Letter dated July 16, 2008 from Adrienne Adriatico to Stephanie Monett, Property Appraiser’s Office, re: Tax Assessment.
36. Notice of Special Exception hearing for the Orange County Board of Adjustment (University Universalist Society) for August 7, 2008.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley stated regarding the Road Rangers program that it was not the wish of DOT to withdraw funding, but it is as a result of a mandate from the State Legislature to cut the program in half. Now, Lynx is the front operator of the program on behalf of DOT, but they are $900,000 short as the result of legislative action. That means there will be a significant cut in service unless they can come up with money somewhere else. Part of the funding also comes from MetroPlan, which has been budgeting $500,000 towards the program. One of the attorneys from DOT has taken the interpretation that MetroPlan cannot give money to the program. MetroPlan is challenging that interpretation. He said it is a valuable program and, hopefully, they can, through advertising and other means, keep it going full force.
Commissioner Henley stated there was a meeting recently of Lynx with over 200 in attendance and approximately 50 speakers wanting more service, more frequent stops and shade but none came forth with an idea of where the money is going to come from. He said most of the people do not understand that Lynx operates primarily under contracted services. If you want more stops and more lines, you have to pay for it. The funding partners have not chosen to do that. He said Lynx is now approximately $9 million short of the budget. The people need to understand that you cannot continue to reduce revenues and increase expenditures when required by law to balance the budget. That’s why they have made cuts thus far and may be facing more cuts to get the budget structurally sound.
Henley reported that he spent last Friday in
Chairman Carey said regarding Lynx that they all know there needs to be a dedicated funding source for Lynx. She asked are they moving closer to having any ideas about how that may happen.
Commissioner Henley said there were a couple ideas on the Legislative Program. One was the $2 surcharge, and another was a sales tax for dedicated service. The Legislature passed the surcharge, but the Governor vetoed it. This last time, it was swept aside with the attitude of cut, cut, cut. He had a call from Commissioner Linda Stewart that she is trying to push the Orange County Board to come up with an increase in gas tax in order to provide a dedicated source to support Lynx. He explained that one of the problems they have faced with Lynx is that one of the funding partners has not been funding according to the formula. That has not been resolved to his knowledge.
Commissioner Van Der Weide stated he attended the East Central Florida Regional Planning Council meeting with Commissioner McLean, who gave a report, and it went well. The Council seems to be functioning normally.
Van Der Weide said the most interesting meeting he attended was the Port
Authority meeting where they had interesting discussions relative to some
things they can and can’t do and things they want to do. He has brought that to the attention of the
Chairman Carey stated she understands that some of the things they wanted are reasonable and their attorney advised that some of the things they wanted to do were probably not feasible. Her comment was that the Commissioners are the ones who appoint the people and if they are going down a path that is different from the charter of the Port Authority, then the Commissioners probably need to reach out to understand what’s going on. She said the Authority Board will come before the BCC in August to present their budget for approval.
Ms. Coto advised she will be meeting with Mr. Van Gale tomorrow.
Commissioner McLean said he also thinks reason will prevail in those circumstances with the Port Authority. He thinks they have all had the opportunity to speak with the Authority members and, hopefully, what has transpired in the past will continue through the future.
Commissioner McLean stated he received an e-mail this morning from Paula Davoli who is resigning, due to family obligations, from the Leisure Services Advisory Committee.
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2008-R-179, as shown on page _______, of appreciation to Paula Davoli for her service on the Leisure Services Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
McLean stated he had the opportunity to participate in the July 4th
Commissioner McLean announced that on August 7, the Annual Seminole County Hobnob will be held at the Altamonte Springs Hilton from 4:30 p.m. to 7:00 p.m., and the tickets are $25. Anyone interested in attending can see him or call the Seminole County Regional Chamber for more information.
McLean reported, as mentioned earlier, that he represented the Board at the
Florida Association of Counties annual conference in
Carey congratulated Commissioner McLean on obtaining the certificate and
securing a seat on the FAC Board. She
asked him to distribute the information on the clinic and who in
Dallari stated this past Thursday, the EDC (Economic Development Commission)
had their quarterly update in
Commissioner Dallari stated he received a phone call from one of the residents referencing the backflow prevention program regarding the cost to elderly individuals on fixed incomes. He asked Gary Rudolph to see if the contractor would be willing to work with senior citizens on fixed incomes to do some type of installment plan.
Gary Rudolph, Utilities Manager, addressed the Board to state he spoke with the owner of Ace and they do not do that. He also spoke with Bob Briggs and Community Services. He will be meeting with Community Services to see if there is some kind of program that can be put together for that.
Dallari asked if he can bring this back to the Board through the
Commissioner Van Der Weide left the meeting at this time.
Chairman Carey said she has asked Ms. Coto to talk to staff about what is actually going out to the citizens, the tone of the letter, responses and who the target clients really are.
Dallari said he received a phone call at lunchtime from Commissioner Bob
Miller, city of
Chairman Carey said the County has not landscaped the trails. Whereupon, Commissioner Dallari said there is some buffer from the trails, however, or they would be right up against the road.
Commissioner McLean said this process has been going on for a long time. He suggested for the sake of five feet, they need to at least have the discussion in order to move this process forward. Commissioner Dallari agreed.
Commissioner Henley stated the delay has been caused by the fact they wanted a different route.
Chairman Carey said the property owner has a lot to do with this also. If they are willing to give the County 30 feet and they can’t get 35 feet, this can’t be negotiated.
Commissioner Dallari said this area is underneath the power lines, so he doesn’t think there will be any construction done there.
Mr. McMillan reported from the FAC Conference what he learned from representatives about what is going on in other counties with FBI investigations and such. They also discussed various approaches their counties have taken relative to the budget. It was shocking to him to learn what other counties are doing. He sent Ms. Coto a memo, while at the meeting, that it was a compliment to her and the Board how they have handled their approach to the budget.
Chairman Carey said when you talk to other Commissioners from around the State, they say they haven’t had their workshops yet about the budget. She said that’s pretty scary. She thinks with what’s about to happen in the next couple months, a lot of bad news is about to come down.
McMillan stated at the April meeting during the Environmental Services
presentation on their Capital Improvements Project, the Board asked him and Ms.
Coto to set up meetings with each of the Commissioners. He believes the staff has met with each of
them on the basics of the deal relative to operation and management of the
Yankee Lake Plant. He talked to each of
them last week about the outline that Guy Minter has worked on and provided a
final version (copy received and filed) of that this morning to the Board. Based on the conversations with the Commissioners
and other parties in the County and the
Carey stated there has been a lot of discussion about this and some of the
biggest partners they could have, like Orange County, have not come to the
table for various reasons including that they thought they could get a permit
from the Kissimmee River piece of Taylor Creek.
She has spoken with Commissioner Bill Segal. She suggested Ms. Coto meet with the
Mr. McMillan stated the goal from the beginning was to make sure the BCC understood going into the discussions where they were headed as opposed to getting a final document at the end that everybody else had signed off on and finding out for the first time they were giving up some authority they didn’t realize. He said he expects some give and take during the discussions, but the BCC will know and make the decisions.
Commissioner McLean explained these are deal points and not an agreement unto itself. During the process, they will see what pieces make the best sense.
McMillan said he understands the next step would be for the
Commissioner Dallari asked if Ms. Coto had discussions with the St. Johns River Water Management District on the $7.5 million they had earmarked for a grant to the County.
Ms. Coto stated she had not had any direct discussions with them, but she and Mr. McMillan have talked about the grant. She thinks their response would be that they would ensure that nothing occurs as part of the negotiations to hinder or cause the County to lose the grant.
Commissioner Dallari said one of his concerns with the grant money is that the St. Johns River Water Management District talked about wanting this to be a regional facility and that was part of the preference for them earmarking the money.
Guy Minter, Deputy County Attorney, addressed the Board to advise the grant was awarded to the County pursuant to specific provisions of the Statute. One of the twelve factors makes reference to a regional-type authority or multi-jurisdictional type system. He has had communications with the Water Management District to ascertain how significant that factor was to them for this grant or any future grants. So far, he has not received an answer from the District.
Mr. McMillan stated the bottom line is if that becomes an issue, he and Ms. Coto will not negate that grant. If it becomes a choice of losing the grant, that will come back to the Board for them to decide what’s more important.
Upon inquiry by Commissioner Dallari, Mr. McMillan said the standards will be developed during the discussions with the partners.
Commissioner Dallari asked what conversations has staff had with Ed Dellaparte (phonetic). Mr. McMillan advised that Mr. Dellaparte is working with staff on the permit, but not on the agreement as he is representing OUC on the agreement.
Mr. McMillan further advised Commissioner Dallari that they are looking at a total of 12 to 18 months to wrap up the agreement.
Ms. Coto explained that staff is presently involved in the 5.5 million gallons per day and that’s where a lot of their attention has been focused. She thinks it will take 12 to 18 months to finalize the agreement. There are 16 individuals who may have 16 different criteria. Staff will have to bring those back and get direction from the BCC. This is a give and take process and she doesn’t think it will happen very quickly, and will take a lot of dialogue.
Mr. McMillan stated a lot of this may depend on how long the permit process takes.
Dr. John Cirello, Environmental Services Director, addressed the Board to advise he met with the water group and they made it clear they would not get involved in the project unless they had some participation in ownership, management and operations. When he assessed the Board’s position, it was clear they did not want to give up ownership, but staff could investigate and pursue whether they could set up some structure for management and operations for the participants. He thinks that is what staff has attempted to do over the past year. He thinks what the Board has before them now is a framework for a wholesale arrangement with customers. As long as it is a wholesale arrangement with the customers, it is his opinion that they have a tremendous hurdle to overcome. He thinks they will have a hurdle with all the participants and with the St. Johns River Water Management District.
Chairman Carey said she thinks a lot of things will unfold over the next six to eight months as they move forward with the discussions. She doesn’t think it’s appropriate to speculate today about what they may need to do. If anyone has any questions about the deal points, now is the time to ask those questions. As things continue to move forward, she thinks it is important that the Board is briefed and if they see they need to move in another direction, they will.
Motion by Commissioner Henley, seconded by Commissioner McLean, to direct the County Manager and County Attorney to move forward with discussions with regard to the Yankee Lake Water Supply System, as presented, and come back to the Board if they think directions need to change.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide was absent.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:12 p.m., this same date.