BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
AUGUST 11, 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, August 11, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Bob Dallari (District 1)
Vice Chairman Mike McLean (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Court Maryanne Morse (late)
County Manager Cindy Coto
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Pastor Wes Tanksley, Riverwalk Church of God, Sanford, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner McLean, seconded by Commissioner Carey to adopt appropriate Resolution #2009-R-155, as shown on page ________, proclaiming August 24, 2009 as 4C Early Care and Education Awareness Day and recognizing the many contributions 4C (Community Coordinated Care for Children) has made in their first forty years.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Colleen Gallagher, 4C President, who addressed the Board to express her appreciation in helping them to celebrate 40 years of serving Seminole County’s families and children.
Margot Knight, President & CEO, United Arts of Central Florida, addressed the Board to make a presentation for the State of the Arts. She stated they have partners in attendance and she recognized the following: Trish Thompson from Creative Sanford and the St. Johns River Festival, Ruby Homayssi from Seminole Cultural Arts, Beverly Winesburgh from Wayne Densch Performing Arts Center, and Elaine Hinsdale, Chairman of the Campaign Committee. She displayed and reviewed a chart (received and filed) showing the overall ways United Arts Services works on behalf of the citizens of Seminole County. She reviewed the Cultural and Student Arts Experiences in Seminole County and the Added Values. She also displayed and reviewed a chart of the Seminole Cultural Arts Council Highlights. She reviewed the accomplishments of the past year and the upcoming events. She stated she appreciates that the Board understands the collaborative nature of their work and continue to support it. Brochures and pamphlets were received and filed.
Commissioner McLean thanked United Arts for allowing him to serve on the United Arts Board as it has been an educational experience. He stated although the County’s contribution may not be at the level that others are, they have been fortunate to be able to leverage the dollars that Seminole County bestowed upon them and to be able to provide the level of performance the community deserves.
Upon inquiry by Commissioner Henley, Ms. Knight advised Lake County is considered part of this partnership, but do not directly invest in it.
Chairman Dallari stated United Arts does focus on the arts, but the important thing is the educational opportunities that the Arts provide to students of all different ages; and that is something United Arts needs to be commended for.
COUNTY MANAGER’S CONSENT AGENDA
Cindy Coto, County Manager, addressed the Board to inform them of an add-on, Item 8A, Authorize financing team comprised of the Financial Advisor, Bond Counsel, and Disclosure Counsel to proceed with preparing the Preliminary Official Statement for the next series of water and sewer bonds.
Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.
Ms. Coto stated that Item #13, authorize scheduling public hearing relating to Traffic Infraction and Citation Surcharge, will be held on August 25 at 1:30 p.m. She advised a revised copy (received and filed) was submitted and the difference is “and those criminal offenses listed in Section 318.17 Florida Statutes.” She said there were three typos in Item #19, Approve Revised Library Services Internet Use Policy, and staff has redistributed those pages (received and filed) with those corrections.
Chairman Dallari requested pulling Item #18, Authorize Scheduling a Public Hearing relating to Stormwater Management System, until after the County Manager’s Report so that the Board will have a little more understanding as to where the budget is. He stated he would like to pull Item #26, Approval of a Resolution revising Animal Services Program, for a separate discussion.
Commissioner Carey requested that Item #19, Approved Revised Library Services Internal Use Policy, and Item #25 Approve Resolution renaming Beardall Avenue, be pulled for separate discussion.
Motion by Commissioner McLean, seconded by Commissioner Carey to authorize and approve the following excluding items pulled for separate votes or moved:
Purchasing and Contracts
3. Award CC-4614-09/DRR, as shown on page ________, Wekiva Springs Interconnects in the amount of $208,874.40 to Allstate Paving, Inc. of Orlando, Florida.
4. Award RFP-600674-09/TLR, as shown on page _______, Government Software Solution for Agenda Management Replacement to MCCi, LLC, Tallahassee, in the amount of $109,849.00 for the initial three (3) year period.
5. Approve and authorize the Chairman to execute the Sixth Renewal, Amendment and Restatement of Volusia County Interlocal Agreement, as shown on page _______, in the amount of $1,800.00 per certification, for Provision of Medical Examiner Services to Seminole County.
6. Authorize the Chairman to execute the attached Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) Contract Award Agreement, as shown on page ________, between the Florida Department of Community Affairs and Seminole County in the amount of $378,321.00.
7. Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to Agreement, Seminole County/The Housing Authority of the City of Sanford, Florida, Tenant-Based Rental Assistance Program Subrecipient Agreement, Program Year 2008-2009.
8. Approve and authorize the Chairman to execute the Grant Agreement, as shown on page ________, with the U.S. Department of Housing and Urban Development in acceptance of $648,202 through the CDBG-R Program as funded by the American Recovery and Reinvestment Act of 2009.
8A. Authorize financing team comprised of the Financial Advisor, Bond Counsel, and Disclosure Counsel to proceed with preparing the Preliminary Official Statement (POS) for the next series of water and sewer bonds. Authorize PBS&J to prepare the Engineer's Report to be included in the POS.
9. Approve the Sheriff's Office to submit grant applications to the Florida Department of Law Enforcement (FDLE) requesting the $239,756.00 countywide allocation through the Edward Byrne Memorial Justice Assistance Program; and authorize the Chairman and Sheriff to execute the grant applications and future documents relating to the grant, as shown on page _________.
10. Approve and authorize the Chairman to execute the Regional Interlocal Grant Agreement, as shown on page _________, with Lake County in acceptance of participation in the Public Safety Interoperable Communications Grant Program for the 700 MHz P25 Mobile Coverage Radio System Overlay project.
11. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page ________, with the U.S. Department of Energy in acceptance of $250,000.00 in funds through their Energy Efficiency and Conservation Block Grant as funded by the American Recovery and Reinvestment Act of 2009.
12. Authorize staff to schedule and advertise a public hearing to amend the Seminole County Fire Service Municipal Service Taxing Unit Ordinance, Section 160.12 to include the City of Winter Springs.
13. Authorize staff to schedule and advertise a public hearing to be held at 1:30 p.m. on August 25, 2009 for the purpose of amending Seminole County Code 50.1 "Traffic Infraction and Citation Surcharge" increasing the surcharge from $15 to $30 for the maintenance of court facilities.
14. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-156, as shown on page ________, implementing Budget Amendment Request (BAR) #09-94 through the ARRA – Community Services Stimulus Grants Fund in the amount of $991,180.00 to increase funding for the Homelessness Prevention and Rapid Re-Housing Program (HPRP).
15. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-157, as shown on page ________, implementing Budget Amendment Request (BAR) #09-96 through the ARRA – Community Services Stimulus Grants Fund in the amount of $378,321.00 to fund the Community Services Block Grant Recovery program.
16. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-158, as shown on page ________, implementing Budget Amendment Request (BAR) #09-98 through the American Recovery and Rehabilitation Act (ARRA) - Planning Grant Fund in the amount of $250,000.00 to appropriate funding for energy efficiency and conservation.
17. Approve and authorize the Chairman to execute Budget Change Request (BCR) #09-17 through the Water & Sewer Operating Fund in the amount of $31,607.00 for substitute equipment purchase.
Planning and Development
20. Adopt and authorize the Chairman to execute appropriate Resolution #2009-R-159, as shown on page _________, vacating and abandoning the platted 7 foot wide utility easement situated at the east side of Lot 4, Sanlando Estates, as recorded in Plat Book 12, Page 53, of the Public Records of Seminole County, Florida, and further described as 107 Oak Street, Altamonte Springs, Florida; in Section 03, Township 21S, Range 29E, Alan P. and S. Marie Hubley.
21. Authorize the release of the Winter Miles Industrial Park, Phase 1 Right-of-Way Utilization Permit Maintenance Bond #54-165981 in the amount of $1,250.70 for the Winter Miles Industrial Park, Phase 1 Right-of-Way road improvements.
22. Authorize the release of the Ruby Court - Tropical Pools and Spas, Inc. Right-of-Way Utilization Permit Maintenance Bond #0FL0575589 in the amount of $10,000.00 for the Ruby Court - Tropical Pools and Spas, Inc. road improvements.
23. Approve the Satisfaction of Lien, as shown on page ________, in the amount of $959.32, Case No. 09-09-CEB, on 2737 Teak Place, Lake Mary, Tax Parcel #03-20-30-5PZ-0000-0800, Lavictor and Latonya Pelt, and authorize the Chairman to execute said Satisfaction of Lien.
24. Adopt revised Comprehensive Emergency Management Plan (CEMP) Resolution #2009-R-160, as shown on page __________, as required by the provisions of Rule Chapters 9G-6 and 9G-7, Florida Administrative Code (FAC).
27. Approve and authorize the Chairman to execute the Seminole County, Seminole County Sheriff's Office and Stonehurst Community Association, Inc. Traffic Enforcement Agreement, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
Jane Peterson, Library Services Director, addressed the Board to explain for Commissioner Carey how to access the use of the internet through the library’s internet scheduling system on page 3 of Item #19, Approve Revised Library Services Internet Use Policy. She stated a person has to sign in in order to get time on the computer.
Commissioner Carey stated she thinks that the requirement of limiting a workstation use to two persons per workstation is a control issue. She stated she has concerns about that because schools regularly assign tasks to groups of students. Therefore, there are going to be times to where a small group of students will be working together on a project. There are also a lot of home schools in the area and this rule will prevent a mother with five kids from being able to do that. She stated if there is an issue, the library should deal with it, but no policy should be made.
Ms. Peterson informed Commissioner McLean the issue of dealing with workstations does not have anything to do with the federal guidelines.
Commissioner Carey stated there is nothing in the resolution that pertains to 15-cents for printing.
Upon inquiry by Commissioner Van Der Weide, Ms. Peterson advised the allotted time for people to use the computers is 45 minutes.
Upon inquiry by Commissioner Carey, Ms. Peterson advised the 45 minutes use time is not part of the policy, but if there are too many people wanting to use the computer, then that becomes a problem. Staff could reduce the use time to 30 minutes.
Upon further inquiry by Commissioner Carey, Ms. Peterson advised a patron is required to have a library card to use the internet and if they do not have one, they can buy a guest card. People who do not live in the County can use the computer by buying a guest card for $1.00 for 45 minutes.
Commissioner Carey stated she feels the charge for nonresidents should be higher because they are tying up the few computers that are in demand.
Upon inquiry by Commissioner Henley, Ms. Peterson advised the workstation use was in the policy and she doesn’t believe that caused a problem. She stated if a family of two or three kids come in to use a computer, the librarians would usually make an exception.
Commissioner Carey stated if there is a problem at one library then you deal with it, but she doesn’t think making a policy necessarily serves the public well.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2009-R-164, as shown on page _________, approving the 2009 Revised Library Services Internet Use Policy for inclusion in the Administrative Code, Section 29.10, striking the use of the workstation to two persons per workstation, with the understanding that all the corrections discussed will be addressed.
Under discussion, Commissioner Henley stated it is difficult for two people to work on a computer at the same time. The workstation procedure has been in there and there have not been any problems with it. He stated it concerns him that he has to vote against the entire resolution because this is not a change except to reduce noise. He said he has spent a number of years supervising libraries with a lot more computers. He said he doesn’t believe there will be five or six people in a group on a computer at the same time.
Commissioner McLean stated the discussion here should not be the number of people at the work station but what their conduct is. There will be steps taken if someone gets out of hand.
Commissioner Carey stated something can be put in the resolution about bad behavior if they need to.
Chairman Dallari stated it pains him for voting against this just because of the one issue, and he would like to ask the motion maker if she would be willing to put it back the way it was so that it is based only on the noise issue.
Commissioner Carey amended her motion to leave in the workstation language but deal with the noise reduction. Commissioner Van Der Weide agreed to the amendment.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to approve a Resolution (Item 25) renaming Beardall Avenue to Skyway Drive was presented.
Commissioner Carey stated she received a letter from Orlando Sanford International Airport President Larry Dale supporting renaming a section of Beardall Avenue to either General Aviation Drive or Aviation Drive.
Tad Stone, Public Safety Director, addressed the Board to explain to Commissioner Carey why those two names would not work, stating the first problem is the length of the name and the second is that there is already an Aviation Loop.
Commissioner Carey stated staff worked very hard to try to figure out a way to accommodate the requests in identifying this closely with the airport.
Motion by Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution #2009-R-161, as shown on page ________, renaming Beardall Avenue to Skyway Drive.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to approve a Resolution (Item #26) revising Seminole County Administrative Code, Section 20.5, Animal Services Program, was presented.
Chairman Dallari stated he would like to address the fee structure for dangerous dogs. He stated he realizes that dangerous dogs are an important item that needs to be addressed. He stated the issue is he wants to make sure that it is a realistic fee and people will not try to skirt the issue.
Mr. Stone stated the fee is currently set at $200.00 for a dangerous dog. He stated Osceola County’s fee is $1000.00 for a first time registration of a dangerous dog and an additional $500.00 per year. Lake County’s fee is $500.00 and Brevard County’s is $300.00, but they are looking at their ordinance to change that. Staff is not only trying to maintain the consistency throughout the Central Florida region, but also the potential impact that a dangerous dog has on a community.
Upon inquiry by Chairman Dallari, Mr. Stone advised staff is required to inspect the site where the dog is residing, but they have not been doing that and he has corrected that problem.
Commissioner Carey stated she understands the dangerous dog issue but when they get older and mature and calm down that is a declining risk. She stated she would like to know if an owner can come in and get their dog off the dangerous dog list.
Mr. Stone stated there is no mechanism in place with the current ordinance, but staff is trying to address that in an upcoming ordinance.
Mr. Stone informed Commissioner Carey that the current State Statute indicates that once it is a dangerous dog and it gets older and can’t move faster, it is still considered a dangerous dog. He stated they could get the dog off the dangerous list by doing it through a local ordinance and move it in a potential dangerous dog status and reduce or eliminate the fees.
Commissioner Carey stated she would like to at least grandfather in those prior cases if staff is going to look at changing the fees, but not affect the people who are dealing with a dangerous dog situation because many of those happened in the 1990’s or 2000.
Commissioner Henley stated he cannot support this resolution as $500 a year is almost a death wish on the dog. He stated he has been an owner of dogs and some of them can be intimidating. He said even though the surrounding counties are doing it, it doesn’t mean that is the right thing to do.
Commissioner Van Der Weide stated he cannot support this either because it is going to have a much larger impact on the citizens who cannot afford it.
Mr. Stone explained to Commissioner Van Der Weide how a dog qualifies for being a dangerous dog. He stated one thing that they have noticed is it is very easy for a citizen to say that a dog is dangerous. It is another thing meeting the criteria under the local ordinance and State Statutes. The person has an opportunity under the local ordinance to disagree with the findings of the Animal Control officer and take that to the Animal Control Board. The Animal Control Board will review the evidence and then they will make a decision as to whether or not that animal meets the criteria.
Commissioner Van Der Weide stated he sat through one of the dangerous dogs hearing and it isn’t a pleasant thing.
Upon inquiry by Commissioner Van Der Weide, Mr. Stone advised the Animal Control Board declared that one of the two dogs that attacked a smaller dog was put down and the other was returned to the homeowner with a series of stipulations.
Commissioner Van Der Weide stated some of the requirements relating to having to be placed in a pen with ceilings and the entire cage being placed all the way around the animal would be a death sentence. A lot of people cannot afford this.
Commissioner McLean stated being in the insurance business, the concept of dangerous dogs is challenging. If it is proven that an animal has bitten a person or another animal, the insurance premium would be considerably higher. He said he likes the idea of grandfathering in and he would like to look at putting in place a reevaluation process. He stated the point is an animal is considered dangerous, and given those circumstances, he is comfortable with the $500 fee.
Commissioner Carey stated they may want to stick with the current fee and look at some type of annual review that can be instituted by the pet owner. At some point an older dog is not going to be doing a lot of chasing. She said that she knows staff is working out a deal with SEPS to do the spay and neuter so that will be included in the adoption. She said she doesn’t want to do anything to discourage people from coming in to adopt an animal. She stated she would like to look at ways to lower these fees, but to cover the cost of sterilization. It would be better to make the adoption fee more attractive.
Mr. Stone stated staff is looking at the point where they almost break even for board and maintenance of an animal. He stated he doesn’t think that $65 is an unreasonable request for the amount of time to hold an animal before it is available for adoption. He stated staff does everything they can to move the animals out the door if humanly possible.
Commissioner Carey stated she wants to make sure that they are not pricing themselves to where they are discouraging people from adopting an animal.
Mr. Stone stated the State law is the animal has to be sterilized if it comes out of the shelter.
Commissioner Henley stated he feels there are a number of ways to deal with this. He pointed out that grandfathering dogs in doesn’t make them less dangerous. The County charges fees to cover the cost of services. Based upon the information he has received staff has not been out to inspect or monitor these for years. That is part of the reason why he cannot accept a $500 fee, but he can accept $200. He said until he sees that they are providing services way beyond the $200 annually he would have trouble supporting it. He suggested pulling this item and bringing it back to the Board.
Chairman Dallari stated he would agree as he feels there needs to be some additional work done on this. He said he feels it behooves the Board to ask staff to review it and bring it back.
Commissioner Van Der Weide stated he has no problem with bringing this item back, but he would like to have some cost related to this because he feels some people couldn’t cover the costs.
Discussion ensued relating to justification of the fee, adequate review process, and the fee structure changes.
Mr. McMillan stated he feels the Board can build into the fee structure something that addresses a diminishing fee based upon the age of the animal or reducing the fee generally. Once an animal gets to be 20, maybe there is no fee; but the issue of taking them off the dangerous dog list is something they need to look at. He stated from his experience with animal control ordinance amendments, if they hold up the fee schedule when the amendment is adopted, the Board may not be able to adopt the fee schedule for five years. The Board can deal with some of those issues of diminishing the fees in the fee resolution without moving or putting in a mechanism for taking a dog off the dangerous dog list.
Commissioner Carey stated very few dogs live to be 20 but if staff wants to reduce a percentage of the fee down every five years, then the grandfather clause is a simple statement.
The consensus of the Board was to bring the fee resolution back at the next Board meeting.
Letter and e-mail pertaining to dangerous dogs were received and filed.
Commissioner Henley stated he would like Mr. Stone to explain why the Animal Control Board has a policy of allowing people to speak once a year. He stated he questions that because people should have the right to express themselves.
Mr. Stone stated that is a policy that the Animal Control Board set six months ago. He stated there is a meeting in September and he has asked to be placed on that agenda and he will bring that issue forward.
Commissioner Henley stated he would like that changed.
Commissioner Carey suggested that the Animal Control Board let people speak at the beginning of their meeting and suggested the same for BCC meetings.
Commissioner Henley stated he brought that up when he was Chairman and no one considered it. He said he has difficulty explaining to people that they cannot speak during a Consent Agenda item.
Chairman Dallari stated he has no issue having the general public speak at the beginning of a meeting and then do general comments at the end.
Mr. Stone stated he will relay the Board’s concerns at the Animal Control Board meeting.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner McLean to authorize and approve the following:
A. Expenditure Approval Lists, as shown on page ________, dated July 13 & 20, 2009; and Payroll Approval List, as shown on page ________, dated July 9, 2009.
The Board noted, for information only, the following Clerk’s “received and filed”:
1. IFB-600694-09 Contract, as shown on page ________, for Purchase and Replacement of Light Engines for Videowall at the Traffic Management Center, Advanced Video, Inc.
2. Amendment #1, as shown on page _______, to Work Order #15 to RFP-0013-05.
3. Amendment #3, as shown on page ________, to RFP-600223-07.
4. BOA Development Order #09-30000074, David Kiswani, as shown on page ________.
5. Amendment #1, as shown on page ________, to Work Order #3 to RFP-3261-08.
6. Work Order #123, as shown on page ________, to PS-5165-04.
7. Recorded Warranty Deed, as shown on page ________, for Gulamali Jaffer for right-of-way dedication of Myrtle Street.
8. First Amendment, as shown on page ________, to Seminole County Health Dept. Renovation Service Agreement.
9. Performance Bond #BLN5753074, as shown on page ________, in the amount of $55,000 for AT&T Orange Blvd. Tower.
10. Amendment #1, as shown on page _______, to Work Order #5 to PS-5180-05.
11. Amendment #2, as shown on page ________, to Work Order #7 to PS-5180-05.
12. Work Order #22, as shown on page ________, to CC-1284-06.
13. Work Orders #31 & #32, as shown on page ________, to PS-1501-06.
14. BOA Development Order #06-51000021, Lynn Poirier, as shown on page ________.
15. Parks Contract, as shown on page ________, for Salvador Trejo.
16. Tennis Developmental Instructor Agreement, Daniela Celi, as shown on page ________.
17. Amendment #1, as shown on page ________, to Work Order #16 to PS-5182-05.
18. Amendment #1, as shown on page ________, to Work Order #19 to PS-5182-05.
19. Work Order #7, as shown on page ________, to PS-2468-07.
20. Amendment #3, as shown on page ________, to Work Order #36 to RFP-0225-05.
21. Work Orders #77 & #78, as shown on page ________, to CC-1220-03.
22. Temporary Construction Easements, as shown on page ________, for Mark & Diane Cahill; Larry & Diane Smith; Allen Wang; Hulon & Martha Black; C.F. & Ila Holloway; and Brady & Tara Sapp.
23. Warranty Deeds and Westcor Land Title Insurance Company Policy for Emory & Gladys Green, as shown on page _________.
24. Work Order #9, as shown on page ________, to PS-2468-07.
25. Work Order #3, as shown on page ________, to PS-2051-07.
26. Change Order #5, as shown on page ________, to CC-2424-07.
27. Change Order #2, as shown on page ________, to Work Order #5 to CC-2183-07.
28. E-mails to John Sury and Carol Hunter relating to Lovett Silverman RFI Log Requests for information, re: CH2M Hill Audit.
29. Third and Fourth Amendments, as shown on page ________, to PS-0369-05.
30. Change Order #3, as shown on page ________, to CC-2938-07.
31. Change Order #1, as shown on page ________, to Work Order #33 to CC-1075-06.
32. Amendment #2, as shown on page ________, to Work Order #4 to PS-5172-04.
33. Work Order #16, as shown on page ________, to CC-2190-07.
34. Change Order #1, as shown on page ________, to Work Order #6 to CC-2183-07.
35. IFB-600673-09 Contract, as shown on page _________, for Fire Alarm System Monitoring, Testing, Inspection and Maintenance, Simplex Grinnell, LP.
36. Change Order #1, as shown on page ________, to Work Order #36 to CC-1075-06.
37. Work Order #23, as shown on page _________, to CC-1284-06.
38. Amendment #35, as shown on page _________, to Work Order #1 to PS-1074-06.
39. Work Order #39, as shown on page ________, to RFP-0225-05.
40. Change Order #1, as shown on page ________, to Work Order #37 to CC-1075-06.
41. RFP-600587-09 Contract, as shown on page ________, for Irrigation System Evaluation Services, Cato Environmental Services.
42. Change Order #1, as shown on page ________, to CC-3220-08.
43. Bids as follows: CC-4186-09 & CD; IFB-600701-09; RFP-600702-09; RFP-600706-09; RFI-600708-09; 600709-09 and Presentations for PS-4202-09.
29. Approval to expend $2,215.00 from the Law Enforcement Trust Fund to provide for funds to implement a Narcotics Overdose Prevention and Education (NOPE) Program for middle and high school students.
30. Approval to contribute $1,000.00 from the Law Enforcement Trust Fund in support of the Mustard Seed Program.
Under discussion, Commissioner McLean discussed with Chief Penny Fleming, Sheriff’s Office, relating to some challenges the Mustard Seed Program (Item #30) is having.
At the request of Commissioner Henley, Mr. McMillan reviewed the trust fund expenditure for the Drug Program for middle and high school students (Item #29).
Ms. Fleming stated the program is not only for drug prevention but for crime prevention as well. She stated they have had donations to Safe House and an array of school projects.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 10:38 a.m., reconvening it at 10:45 a.m.
Johnny Edwards, Solid Waste Manager, addressed the Board to present request (Item #31) for approval of a Third Amendment and Renewal to RFP-4234-04 Solid Waste Collection Franchise Agreement, Florida Residential Collection Services in unincorporated County Service Area 3 with Waste Pro of Florida, Inc.; Solicit requests for proposals for a Solid Waste Franchise Agreement to provide Residential Collection Service within Service Area 1; and solicit requests for proposals for a Solid Waste Franchise Agreement to provide Residential Collection Service within Service Area 2. He reviewed the current contract prices and term changes with Waste Pro, Waste Management, and Waste Services. He stated staff is recommending approval of the Third Amendment and Renewal with Waste Pro (Service Area 3). Staff is also recommending that it is necessary to solicit request for proposals for Service Areas 1 and 2. Tables showing Exclusive Residential Solid Waste Franchise Price Proposal Summary and Proposed Changes in Contract Terms were received and filed.
Mr. Edwards informed Commissioner McLean that Service Areas 1 and 2 contracts were negotiated in 2004.
Commissioner Carey stated she feels they are getting a pretty good value from the current haulers even with the revised proposals. She said she spoke to a number of the other haulers and what she is hearing is their rates are in the $14.00 range and they are servicing a lot more households. She added she feels that if the haulers had the benefit of CPI adjustment or fuel adjustment and not having to buy equipment every five years, their rates would have been better kept up. She feels that the percentage gap wouldn’t have been that different. She said her office has received very few complaints about garbage.
Upon inquiry by Commissioner Henley, Mr. Edwards advised the rates of gasoline are one of the major contributing factors of the price increases, but no adjustments based on gasoline prices. He stated there have been consumer price index adjustments. Discussion ensued.
Ms. Coto stated if you are picking up solid waste recyclables in Service Areas 1 and 2, they are very condensed urbanized areas. Service Area 3 is the rural area and it does not have the same intensity of development, so there are additional costs to run those vehicles and to man those vehicles.
Commissioner Henley stated at one time the County had six haulers on board and the Board chose to cut them down to three. The County adjusted the zoning in order to try to cut down the amount of mileage. He said he is comfortable with approving Waste Pro. He stated he has problems with the stipulation that a complaint being corrected the next day and not counted as a complaint.
Mr. Edwards stated his inclination is to put that in the other contracts.
Commissioner Henley stated if they are going to allow that for one, then they should do it for each of them.
Commissioner McLean stated he went through the process with the city of Lake Mary and he is very much inclined to be a market-based thought process. He stated in Areas 1 and 2, the competitive RFP process will bring as good or better pricing.
Upon inquiry by Commissioner Carey, Mr. Edwards advised the previous conditions about the complaints and phone calls after 3:00 p.m. is one of the conditions requested by Waste Management. There was also a request to lower the administrative charge and staff has verified and confirmed the complaints. Staff has the authority in the current contract to levy a $1,000 charge. The contractor has requested that be lowered to $500 and staff has no objections to that. He stated he doesn’t believe staff levies the $1,000 very often.
Commissioner Van Der Weide stated the last time they went through the negotiating process, the staff beat them up badly and the prices came in much higher than expected and they went out to rebid. Somehow they got through the process and now they are here again. He feels they need to go out for bid on two of the areas in order to know where they are.
At the request of Chairman Dallari, Mr. Edwards reviewed the changes and terms of the contract for Waste Pro, as outlined on Table 4.
Commissioner Carey stated she feels that one of the things that would help to lower the cost is to lower the $1,000 to $500 as part of the RFP process.
Commissioner Henley stated the only concern he has is the statement that they are replacing the age of the fleet. He questioned if they have identified what those standards are.
Mr. Edwards stated those standards are placed in the Waste Pro amendment and the bottom line is that has the authority to remove a truck from contract service if there are consistent problems with that truck.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute the Third Amendment and Renewal, as shown on page _______, to RFP-4234-04/AJR, Solid Waste Collection Franchise Agreement in unincorporated Service Area 3 with Waste Pro of Florida, Inc.; and authorize staff to solicit requests for proposals for a Solid Waste Franchise Agreement to provide Residential Collection Service within Service Areas 1 and 2.
Under discussion, Mr. Edwards advised as far as scope of service, his inclination would be to put out a contract and an RFP that is identical to the resulting contract with Waste Pro.
Upon inquiry by Commissioner Carey, Mr. Edwards advised that would include the reduction from $1,000 to $500, if the Board directs.
Commissioner Carey stated she will not be supporting the motion as she feels they have a pretty good deal now and she is concerned about how this is going to come back.
Chairman Dallari stated he would like staff to look in the future at the possibility of asking the haulers what the opportunity is in going with compressed natural gas. There are a lot of large cities around the country doing that and they are saving money. He said he will be submitting to the Board copies of information relating to this.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
COUNTY MANAGER’S REPORT
Ms. Coto informed the Board that NCAA has notified the Central Florida Sports Commission that Seminole County has been awarded Division II for men’s and women’s tennis for 2010/2011.
The Chairman recessed the meeting at 11:14 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Henley, seconded by Commissioner McLean, 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.
KENTUCKY SQUARE LARGE SCALE FUTURE
LAND USE MAP AMENDMENT/HUGH HARLING
Proof of publication, as shown on page _______, calling for a public hearing to consider transmittal of a Large Scale Future Land Use Map Amendment from SE (Suburban Estates) to LDR (Low Density Residential) for 27.6 acres, located at the southwest corner of the intersection of Beardall Avenue and Kentucky Street, to the Department of Community Affairs; Hugh Harling, received and filed.
Ian Sikonia, Senior Planner, addressed the Board to present the request stating the applicant proposes a change in land use in order to develop a single-family home subdivision. Staff received one letter in opposition to this request, which is included in the staff report. The Planning and Zoning Commission has not heard the revised request to Low Density Residential due to the applicant filing it on July 6, 2009. Staff recommends the Board transmit the requested Large Scale Future Land Use Map Amendment from Suburban Estates to Low Density Residential.
Hugh Harling, Harling Locklin & Associates, applicant, addressed the Board to state they concur with the staff report and will continue to work with the community.
Barbara Buresh, 3381 Eaglewoods Trail, on behalf of herself, her husband and some of the neighbors, addressed the Board to state they are in favor of this proposed change.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
District Commissioner Carey expressed appreciation to the citizens for their willingness to work with the applicant to try to come up with a transitional zoning for this area. She said the letter in opposition from Mr. & Mrs. Hunter was because they could not be present today to say they are opposed. Commissioner Carey said she still believes this is the right thing to do.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve transmitting to the Department of Community Affairs the Large Scale Future Land Use Map Amendment from SE (Suburban Estates) to LDR (Low Density Residential) for 27.6 acres, located at the southwest corner of the intersection of Beardall Avenue and Kentucky Street; as described in the proof of publication, Hugh Harling, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
CELERY AVENUE LARGE SCALE FUTURE LAND
USE MAP AMENDMENT, HUGH HARLING, Continued
Continuation of a public hearing from July 28, 2009, to consider transmittal of a Large Scale Future Land Use Map Amendment from SE (Suburban Estates) to LDR (Low Density Residential) for 89 acres, located on the north side of Celery Avenue, approximately 1,200 feet east of Sipes Avenue, to the Department of Community Affairs; as described in the proof of publication, Hugh Harling.
Chairman Dallari advised the public input portion of this meeting is closed.
Joy Williams, Planner, addressed the Board to state the staff is recommending transmittal of the request.
Motion by Commissioner Carey, seconded by Commissioner McLean, to approve transmittal of the Large Scale Future Land Use Map Amendment from SE (Suburban Estates) to LDR (Low Density Residential) for 89 acres, located on the north side of Celery Avenue, approximately 1,200 feet east of Sipes Avenue, to the Department of Community Affairs; as described in the proof of publication, Hugh Harling, based on staff findings.
Commissioner Henley asked if the applicant would consider committing to a bus pullout along Celery Avenue should it be needed in the future.
Mr. Harling stated they have done a project a little further to the east and there will be additional right-of-way on the north side that needs to be donated as part of the development process, and it will not be a problem for them to provide for a bus pullout at the same time.
Commissioner Carey stated at this time, the action is just for transmittal to DCA and the bus pullout is something that will come later under a planned amendment or site plan specific item.
Mr. Harling said he could make the commitment today for that.
Districts 1, 2, 3, 4 and 5 voted AYE.
TEXT AMENDMENTS TO THE SEMINOLE
COUNTY COMPREHENSIVE PLAN
Continuation of a public hearing from July 28, 2009, to consider transmittal of the Text Amendments to the Seminole County Comprehensive Plan to the State Land Planning Agency, as described in the proof of publication.
Chairman Dallari advised that the public input portion was closed at the last meeting.
Sheryl Stolzenberg, Principal Coordinator, addressed the Board to state staff continues to recommend that the Text Amendments be transmitted.
Motion by Commissioner Carey, seconded by Commissioner McLean, to approve transmittal of the Text Amendments to the Seminole County Comprehensive Plan to the State Land Planning Agency; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
VACATE AND ABANDON/
GEOFFREY AND STACY SUMMIT
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution to vacate and abandon a portion of a 10.00 by 93.7 foot-long swale easement for Lot 28 of the plat Banyan Pointe as recorded in Plat Book 72, Pages 62 – 64 of the public records of Seminole County, Florida, in Section 17, Township 20 S, and Range 30 E, and further described as 3667 Simonton Place, Geoffrey and Stacy Summit, received and filed.
Brian Walker, Senior Planner, addressed the Board to present the request, stating staff agrees that the vacated portion will not have any negative effects on the area. Staff received a letter from the Banyan Pointe Homeowner’s Association stating no objection to the request. He said the staff is recommending the Board adopt a Resolution to vacate and abandon the portion of the swale easement as requested.
Commissioner Henley said this is going from a 10’ swale to 5’ and back to 10’. He asked if that is not going to impact in any way the functionality of the swale.
Mr. Walker said the transmission of water was analyzed by the Stormwater Engineer and determined that the change would not interfere in any way with the ability of the swale to do its job.
Commissioner Henley asked what the distance is between the pool area and residence.
Geoffrey Summit, 3667 Simonton Place, applicant, addressed the Board to answer the distance is 5½ feet from the pool to the house at the closest point and 7 feet at the farthest point. He said he concurs with the staff report.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt appropriate Resolution #2009-R-162, as shown on page _______, to vacate and abandon a portion of a 10.00 by 93.7 foot-long swale easement for Lot 28 of the plat Banyan Pointe as recorded in Plat Book 72, Pages 62 – 64 of the public records of Seminole County, Florida, in Section 17, Township 20 S, and Range 30 E, and further described as 3667 Simonton Place; as described in the proof of publication, Geoffrey and Stacy Summit.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated he received a letter from the Mount Olive M. B. Church that is celebrating its 126th anniversary. He would like to write a letter with each Board member’s signature congratulating the church. There were no objections.
Chairman Dallari passed to the Commissioners the letter (received and filed) from the National Purchasing Institute, Inc. advising of the Achievement of Excellence in Procurement Award to the Purchasing Department.
Chairman Dallari said the City of Orlando asked for a Resolution of support from Seminole County for their application to the Department of Transportation for their high-speed rail funding.
Commissioner Henley said there was discussion at MetroPlan as to whether that would have any impact on SunRail and they were assured it would not.
Chairman Dallari distributed a copy of the resolution (received and filed) and said, if no objections, he would bring this back on the agenda for the next meeting. There were no objections.
Commissioner Van Der Weide said regarding the letter on the Procurement Award, that is a real “feather in the hat” for Seminole County and Purchasing Manager Ray Hooper. Whereupon Chairman Dallari asked Ms. Coto to make sure the Purchasing Department is aware the award was acknowledged at today’s meeting.
Chairman Dallari distributed budget information (received and filed) for the BCC and said he would like to make the following budget amendments: Travel and Per Diem, to be broken down to have $900 for each Commission District for local travel and $5,000 total for out-of-state travel. The Commissioners would still have to submit their out-of-state travel requests for approval as before. He is not changing any policies already put into place. For Commission Operations (supplies like coffee and incidentals), he would like to reduce that amount to $0, if no objections. For Other Charges and Obligations, he would like to reduce that amount to $500; and for Books, Dues and Publications, reduce that to $10,000. He said most of that amount has to do with the NACo fees. Commissioner Carey said also a number of the registration fees come out of that line item. Chairman Dallari said, with no objections, he will make sure those changes are put in the budget. There were no objections.
Commissioner Carey asked that the Fiscal Services staff review those changes and see what percentage that reduces the BCC budget by.
Chairman Dallari said at the last meeting they discussed having the two budget public hearings on September 9 and 22 and another BCC meeting is scheduled for September 15. He asked if there were any objections to having that day meeting on the 15th to correspond with the evening meeting of the budget hearing on the 22nd.
Motion by Commissioner McLean, seconded by Commissioner Carey, to change the BCC meeting date from September 15 to September 22, 2009.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated July 20, 2009, from Ross Pagano, Library Advisory Board, to BCC re: Management of the Seminole Library System by a “For Profit” company.
2. Letter received July 29, 2009, from Brian Craigo, 408 Winding Oak Lane, Longwood, to Chairman Dallari re: Board of County Commission salary increases. (cc: BCC)
3. Memorandum (w/attachments) dated July 21, 2009, from Brian Short, Republic Services Orlando Division, to BCC re: Results of Orlando Service Area’s Customer Satisfaction Report. (cc: Solid Waste Division)
4. Letter (w/attachments) dated July 28, 2009, from Pat Lee, City of Sanford, to BCC re: Notice for Ordinance No. 4186. (cc: County Mgr., Planning & Development)
5. Letter (w/attachments) dated July 29, 2009, from Cynthia Porter, City of Sanford, to BCC re: Notice for Ordinance No. 4187. (cc: County Mgr., Planning & Development)
6. Copy of letter dated July 21, 2009, from Amy Giannotti, St. Johns Regional Biologist, to BCC re: Compliance with regard to the vegetation requirements set forth in State’s Rule, 68F-20, Florida Administrative Code, for Lake Tuskawilla. (cc: County Mgr., Public Works)
7. Notice of August 10 and August 24, 2009, city of Sanford Public Hearing re: amending a Development Agreement between the city of Sanford and Gateway Riverwalk. (cc: BCC, County Mgr., Planning & Development)
8. Copy of letter (w/attachments) dated July 28, 2009, from Kirby Green, Executive Director SJRWMD, to Governor Crist re: SJRWMD Tentative Budget Submission for FY 2009/2010.
9. Letter (w/attachment) dated July 30, 2009 from Ray Valdes, Seminole County Tax Collector, to Chairman Dallari re: 2009-10 budget for the Office of the Seminole County Tax Collector submitted to the Florida Dept. of Revenue.
10. Letter dated August 4, 2009, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari and BCC re: New programming for Bright House Networks customers.
11. Letter (w/attachment) dated July 31, 2009, from Bruce Skwarlo, Central Florida Sports Commission, to Chairman Dallari re: June 2009 Monthly Activities Report.
12. Letter (w/attachment) dated August 7, 2009, from Larry Dale, President/CEO, Orlando Sanford Airport, to Chairman Dallari and BCC re: Supporting the recommendation to rename Beardall Avenue to “Aviation Drive”. (cc: Addressing Division)
DISTRICT COMMISSIONERS’ REPORTS
Motion by Commissioner Carey, seconded by Commissioner McLean, to appoint Gayle Hair to the Animal Control Board to fill the unexpired term ending January 22, 2010.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt appropriate Resolution #2009-R-163, as shown on page _______, of appreciation to Colleen Lassiter for her services on the Contractors Licensing Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Henley, to appoint Fletcher Long to the Contractors Licensing Board for the remainder of the one year term ending January 22, 2010.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated last Saturday she and Commissioner Van Der Weide attended the Seminole County Veterans Stand Down event, and the focus was the local homeless veterans. This was a great organized event and the County staff did a lot of work on that. She thanked the County staff volunteers for their support who were also in attendance.
Commissioner Carey stated the second anniversary of How Shall We Grow? is on August 21 and a gathering will be held at the Orlando Airport Hyatt from 9:00 a.m. to 11:30 a.m. The County is planning to have a booth there. Ms. Coto advised that due to the existing resources, there will be a static display and video but no County staff will attend. Whereupon, Commissioner Carey said as the Board’s representative for myRegion.com, she plans to attend and will try to have someone cover the booth. Chairman Dallari stated he may be able to attend also.
Commissioner Carey announced the Community Based Care (CBC) of Seminole is having its “It Takes a Village” breakfast on August 27 at 7:30 a.m. at the Lake Mary Events Center.
Commissioner Carey said there was an article in the NACo magazine about health care and other benefits. She circulated that to the Commissioners for their review.
Chairman Dallari thanked Civil Engineer Owen for accompanying him this past Saturday on a number of site visits in the Oviedo, Winter Springs and Winter Park areas.
Chairman Dallari stated this coming Thursday, he will speak as moderator with WMFE, at the Tusca Springs Homeowner’s Association on their various issues regarding the mortgage crises.
Commissioner McLean stated he sits on the CBC Board and they do a great job with administrating the dollars through the State for the children’s programs. It will be a nice event at the Events Center. He said if the schedules permit, they would love to have the Commissioners come out.
Commissioner McLean distributed a letter (received and filed) to the Board and said he wants to share a discussion topic from the Orlando Sanford Airport Board meeting. He said it appears the city of Sanford is the entity that controls each of the Boards and how they are comprised and whether there are term limits. The letter from G. Geoffrey Longstaff, Airport Board Chairman, is regarding a recent process going on with the Sanford City Commissioners talking about establishing term limits on their various boards, except for their Police and Fire Pension Board. According to the second page of the letter, if the City moves forward with this, six of the nine members of the Airport Board would be turned out within the next 24 months. He said the Airport is a prime economic driver to the community. There are a number of people on the Board who have quite a bit of experience in airport operations. He wanted to bring this to the attention of the Commissioners. He said there was also discussion that the City might look at more of a staggered approach to the term limits so that there would not be a “brain drain” in a relative short period of time. He brought this forward in case the BCC would like to do something formal about it or if they have questions for him.
Commissioner McLean stated he went to the Grand Opening of the Residence Inn and it is a very impressive facility.
Commissioner McLean said he had an opportunity last week to visit the Class 19 Reception for Leadership Seminole.
Commissioner Van Der Weide stated regarding the Stand Down event that it was a huge success, and he thanked everybody who participated in this effort. He said it was sad to see so many homeless veterans. He thinks the County can be proud of what they did. This was originally Judge Simmons’ idea.
Commissioner Henley reported another meeting has been called for high-speed rail, but he will be out of town and not able to attend. Chairman Dallari said he believes he is scheduled to attend that meeting.
COUNTY MANAGER’S REPORT
Ms. Coto said she had distributed information to the Board during the break in response to some of the questions as it relates to the proposed FY 09/10 budget. She said staff will review that for the Board and can answer any questions.
Ms. Spriggs stated in the Post Worksession Supplemental Book (copy received and filed), page 3, is the updated forecast based on the assumptions at the conclusion of the budget work session on August 6, which was to rerun the forecast based on the pre-property tax reform millage rate and the current economic conditions at 4.9989, and inclusion in the General Revenue Fund scenario of a stormwater assessment implementation. Ms. Spriggs reviewed the PowerPoint presentation and staff answered questions covering the following topics: Updated Forecast Assumptions; Forecast: General Revenue Funds; Forecast: EMS/Fire District; Post-Worksession Summary of Budget Adjustments by Fund; Stormwater Utility Assessment Options — Option A – Partial Implementation; Option B – Full Implementation; Examples of Future Capital Projects; Vacant Positions as of 8/8/09; Management Position Summary; Management Reductions Summary; Holiday Schedules; Library Change Evaluation; Library Hours Change Evaluation; Community Information; Economic Development Program Analysis; Lease Space Analysis; and Programs/Services Added Since 1999.
Discussion ensued between the Board and Ms. Coto with regard to the Community Information Department and how it evolved into a department. The Board also discussed about broadcasting BCC meetings less expensively. Chairman Dallari requested Ms. Coto to go back and see what can be cut and how the Community Information Department can be restructured to take some of the Commissioners’ comments about cutting the budget into consideration. He clarified for Ms. Coto that the Board is talking about taking this department back to where it was a few years ago. Discussion ensued.
Commissioner Van Der Weide stated he doesn’t believe they can continue to spend taxpayers’ money on some of the things that aren’t necessary. He added that right now they cannot afford some of the things they are doing.
Discussion ensued with regard to the Economic Development Department. Commissioner Carey suggested using some of the other resources (Metro EDC, SCC and the business community) that are out there and postpone hiring a $100,000 position and see what costs can be eliminated.
Chairman Dallari stated there are ways to go back through this budget again and make cuts. He added that they need to right-size and scale back on some of the departments.
Ms. Coto clarified that she is to go back and see how the Economic Development Department can work with fewer dollars, and the Chairman stated she needs to do the same with the Community Information Department and others as well.
Commissioner Carey said she still thinks there are some valid things to cut out there. She thinks administrative leave is a big one; she said the norm for the County used to be the 37½ hour work week.
On the programs/services added since 1999, Ms. Coto advised Commissioner Henley he was correct that these are not all of the programs funded m out of the General Fund as staff did not look beyond BCC operations.
Chairman Dallari asked Ms. Coto in the upcoming weeks to look at those additional programs added since 1999 and show which ones were legislatively mandated, show the dollar figure for the ones that are out of the General Fund and how much of that is attributed to the General Fund. He advised Commissioner McLean that Ms. Coto will be looking at cost-cutting SGTV, Economic Development and other departments as well.
Commissioner Van Der Weide said right now, they are still millions of dollars off and some way they are going to have to make that up. He stated he would like to be assured that this is pretty solid, to be assured these numbers are not going to shrink before they get to the September hearings. Ms. Coto said she thinks the numbers given to date are about as solid as they can get. She said they will not get less.
Chairman Dallari said he is looking for a commitment from Ms. Coto and the staff that at the next afternoon meeting of the BCC, the Board will have additional information on her progress. He said this will be an agenda item.
Commissioner Carey asked what is the dollar amount difference between the fallback millage rate of 4.998 vs. 5.11 rollback rate. Ms. Spriggs said that is $3.5 million to $4 million. Commissioner Carey asked Ms. Coto if what she was attempting to do got her to the $3.5 million or $4 million that she was looking for or is she still looking to get to that or below that based on the discussion today. Ms. Coto said, based on the Board discussion, she thinks the staff has been directed to find additional dollars. She said the one-time savings do not help in future fiscal years.
Ms. Spriggs clarified that the $3.5 million is the difference between the original proposed rate (the rollback rate) of 5.11 and the 4.99. If they retain the current rate, the reduction is $16 million from the proposed budget. Discussion ensued.
Commissioner McLean stated he thinks the challenge is for the Board to decide what they want to do philosophically. Do they want to fix the problem today or in the foreseeable future, given the information they have. Chairman Dallari concluded that he believes the Board is trying to fix the problem wholelistically. That’s why they are asking the County Manager to “sharpen the pencil.” It’s not just for this year but for next year. He believes the County Manager’s fallback rate is the 4.9989 figure. He said he just thinks they need to cut the budget.
CONSENT AGENDA, Continued
Ms. Coto presented the request for Board approval to schedule, advertise and issue notice of a public hearing to consider adoption of an ordinance to establish a stormwater management system benefit area with dedicated funding sources for addressing stormwater and water quality management on an equitable cost allocation basis. She said since the Board just discussed the two options, staff is looking for two directions from the Board. One is whether the Board desires to proceed forward with the scheduling and advertising of a public hearing; and two, if so, at which rate does the Board wish to do so. She said the $48.50 plus the administrative fee of $3.10 would provide an offset of the existing program. It does not fund some of the present capital programs, and it does not fund future water quality issues. The $70.10 handles the existing program and the capital projects now and into the future of about $2.2 million a year.
Upon inquiry by Commissioner Van Der Weide and Chairman Dallari, Ms. Spriggs discussed the time line, advising staff will mail notices to the property owners on August 18 of the first public hearing to be held on September 9 at 6:00 p.m. She said the budget hearing will begin at 7:00 p.m. on that same date.
Commissioner Carey stated that considering the direction to Ms. Coto and her fallback position of 4.998 for millage, she understands that is lower than the rollback rate but it is still an increase to the citizens. She said she will not support this item to move forward with advertising because she doesn’t think they will have the answer to what the millage is going to be before they will be asked to vote on this stormwater fee.
Ms. Coto explained the reason for the Sept. 9 meeting on the ordinance is because staff has to deliver the information to the Property Appraiser by Sept. 15. If they miss any of the time lines, the Board won’t have the ability to implement the stormwater fee for FY 09/10. Discussion ensued on the dropdead date. Commissioner Carey said if the Board is going to adopt the stormwater fee this year, they will have to take action prior to the final budget hearing on September 22.
Commissioner Van Der Weide said he is not sure the millage issue is straightened out because of some of the concerns they have with the budget. That makes him hesitant to want to move forward at this time with a stormwater fee.
Chairman Dallari stated he believes they are working towards the fallback, rollback rate. He is hearing a commitment from the County Manager that at the next BCC meeting, they will have on the agenda some additional items she is prepared to recommend to the Board for changing.
Commissioner Van Der Weide stated when he sent his memo, he discussed his concerns that they were going to find themselves with their backs up against the wall and it looks like that is exactly what has happened. He said he doesn’t think they have a choice now to not go with the stormwater fee, based on the number they are trying to crunch. He said even with the numbers they are talking about, they will still be lower than anyone else in the County. So, they have justification for the stormwater fee. He said he would like to feel comfortable with some of the suggestions he has heard, but he can live with whatever the Board does.
Commissioner Carey said it may be that times may be better to adopt the stormwater fee in the future, if they are going to have to have an increase in the millage, to get the budget in control. She said she doesn’t want there to be any misunderstanding of staff. Everybody seems to think, after leaving the meeting the other day, that she is all for a stormwater fee. But she is only for it, if they are not increasing the millage. She said she is not hearing that, so she is not going to support moving forward with the advertising.
Chairman Dallari said he realizes they have a lot more in this budget to cut and he feels confident the County Manager will do it with the Board’s assistance. He is sure they will show some progress at the next meeting of things they can cut and programs for the Board to take into consideration options to remove.
Motion by Commissioner Carey to deny the request to schedule, advertise and issue notice of a public hearing to consider adoption of an ordinance to establish a stormwater management system benefit area with dedicated funding sources for addressing stormwater and water quality management on an equitable cost allocation basis.
Chairman Dallari called for a second to the motion three times with no response; whereby the motion failed for the lack of a second.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve the request to schedule, advertise and issue notice of a public hearing for September 9, 2009, to consider adoption of an ordinance to establish a stormwater management system benefit area with dedicated funding sources for addressing stormwater and water quality management on an equitable cost allocation basis.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
Ms. Coto asked for clarification and Commissioner Van Der Weide said this is for the $70.10 per parcel.
ITEMS FOR FUTURE AGENDA – CITIZEN
Chairman Dallari advised he received an e-mail (not received and filed) from Robert King and that was distributed to all the Commissioners.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:45 p.m., this same date.