BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

SEPTEMBER 15, 2010

 

     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, September 15, 2010, in Room #1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Bob Dallari (District 1)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Mike McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Court Maryanne Morse

     Acting County Manager Joe Forte

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     Pastor Joe Wendorph gave the Invocation.

 

     Commissioner Carlton Henley led the Pledge of Allegiance.

 

AWARDS AND PRESENTATIONS

     Motion by Commissioner Carey, seconded by Commissioner McLean, to adopt appropriate Resolution #2010-R-190, as shown on page _______, recognizing Alice G. Sundvall for 35 years of service and dedication to Seminole County Government and its citizens, upon her retirement on September 30, 2010.

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

     Commissioner Carey presented the Resolution to Ms. Sundvall who expressed she had the privilege of working with many professional, hard-working and dedicated employees.  She said she appreciated serving the citizens and it was her pleasure to do so.


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     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt appropriate Resolution #2010-R-191, as shown on page _______, recognizing Linda Robbins for 30 years of service and dedication to Seminole County Government and its citizens, upon her retirement on August 27, 2010.

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

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     Motion by Commissioner Henley, seconded by Commissioner McLean, to adopt appropriate Resolution #2010-R-189, as shown on page _______, honoring Leonard Williams for being awarded the Seminole County Regional Chamber of Commerce's Lifetime Achievement Award for his leadership and dedication to community service in Seminole County.

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

     Commissioner Henley asked Bill McDermott, Economic Development, to present the Resolution to Mr. Williams.

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     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to adopt appropriate Resolutions #2010-R-184, as shown on page _______, for JVI Appraisal Division; #2010-R-185, as shown on page _______, for Pershing, LLC; #2010-R-186, as shown on page _______, for Digimation, Inc; #2010-R-187, as shown on page _______, for I-CON Systems, Inc; and #2010-R-188, as shown on page _______, for Rockwell Collins, Inc. recognizing the companies as award recipients at the Seminole County Regional Chamber Industry Recognition Luncheon on September 24, 2010, for their capital investment and job creation within Seminole County.

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

     Commissioner McLean stated he will provide the Resolutions to Mr. McDermott to present to the companies at the luncheon on September 24.

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     Larry Strickler addressed the Board to give a presentation on Envision Seminole, Economic Development Strategy, stating he wanted to accelerate the process of updating a strategic plan for economic development in Seminole County.  He said what they are recommending is to do it differently than it has ever been done before in the County.  He explained this would be a true bottoms up process that is not a development project but a private sector driven project where you could serve as a steering committee working with Envision Seminole and consultants that the County has used before to do studies for the County.  They can make sure it gets done faster and is a quality product and by next summer can deliver to the community a plan with some action items and/or stakeholders who can take these items and act on them.  He said if the Board approves the grant to support this, the project would start in November and meetings would begin in January.  He thinks the consultants they have in mind will be able to do this for $100,000. 

     Chairman Dallari said he believes something like this needs to happen.

     Commissioner Carey stated she also agrees and said when things are the worst, you need the best plan you can put your hands on.  She asked how the Task Force would be established.

     Mr. Strickler named the persons to serve on the Task Force and said with those type of contacts, they can find a broad cross section of business leaders to participate.  He further advised Commissioner Carey that there will be a Technical Advisory Committee and it will be involved very heavily the first two meetings.  The committee will be composed of mostly staff with local government, the cities and the County, and Lynx and Metroplan.  He said that is where the data will have to come from. 

     Whereupon, Commissioner Carey said if the County is going to consider $100,000, she wants to make sure County staff and the cities will have input.

     Commissioner McLean stated he agrees they need to have a viable, long-lasting plan.  He commended Mr. Strickler for that.  He said $100,000 now in local government is a lot of money.  Since he has been on the Board, they have cut back a lot of memberships and associations with a lot of organizations.  He asked if, other than the consultants to be used, this is going to be a full volunteer scenario.  Mr. Strickler stated there will be two consultants from two different companies that have been working with the County for some time.  All the $100,000 goes to them and the scope of work. 

     Commissioner Henley said he thinks the contract annually speaks to the money.  If it is not all used, it will be returned.  As stated, $100,000 is a lot of money and the Board is called on by a lot of people to make grants.  One tonight is $240,000 to the Winter Springs incubator with UCF, and he has a problem with that.  He said he would like to see that cut in order to fund this.  He stated the County has already contributed to the incubator at Winter Springs and what he likes about this is that it has a timeline and won’t live on afterwards.  The one thing this group needs to realize is that they can come up with all types of recommendations, but they can’t implement anything.  That is why it is important for the County to be involved.  He said he wished Mr. Strickler had invited the cities to participate because one-half the population in Seminole County is in incorporated areas.  He thinks that is something they cannot afford not to do considering the circumstances.  Although he is reluctant to give $100,000 to an organization, he thinks the scope of services outlined is well done.

     Commissioner Van Der Weide stated he has some real reservation in taking taxpayer money and granting it to a well-recognized group in the County and giving up all responsibility.  He said the County Commissioners are responsible to the taxpayers for any money they spend and the Clerk will see to it.  He said he is very reluctant to this.  They are talking about turning money over and they don’t have any idea of what the organization is going to do with it.  He said they have been supporting economic development in Seminole County for he doesn’t know how long, and he doesn’t know why they have to hire a group of six to move forward without any checks and balances.  It looks like they are trying to avoid input of the staff and he can’t support that.

     Mr. Strickler stated they did not go to the cities upfront because he thought they would have a hard time funding the money.  He said whatever the output is, they will include input from the cities.  The cities have only been excluded in that they have not asked them for money, but not excluded from the plan itself.  He said the important thing is the County has never done economic development this way before from the bottom up.  He explained that the contract is performance-based. 

     Commissioner Carey said she thinks at some point, the Steering Committee would look to the elected officials in the County and cities for recommendations for people to serve on the Task Force.  That is the first part of how they would get this going.  When she asked about the technical advisory committee, she was wanted to be sure all the players are included to make sure the Board is getting what they need.  She said at one of their workshops the Board set aside $100,000 to update the Economic Development Plan.  She thinks by having the technical advisory committee input, she doesn’t have any problem supporting the request.  Another suggestion is for the organization to come back and update the BCC to make sure they all think they are on the right track as the Economic Development task force.

     Commissioner Henley said he thinks the agreement calls for quarterly reports to the BCC.  He thinks it is important that the key is the quality of people to volunteer to do this.  They are looking for people who have economic development backgrounds or experience, and he hopes Mr. Strickler keeps that in mind.  He thinks they can’t afford to sit and do nothing.  The economic plan they have does need updating.  He thinks it is important the commissions of the cities fully understand what this is about rather than calling and saying would you recommend someone to sit on the committee.

     Mayor John Bush, city of Winter Springs, addressed the Board to state they had a meeting last night and discussed this.  They were blind-sided by this.  They had mentioned they would try to form such a committee and Mr. Forte said he might want to wait.  Mr. Bush said in talking to others, he found out that this did not come before the Envision Seminole Board.  He believes the strength of Seminole County is all of them working together.  If Mr. Strickler has asked Winter Springs, they believe they have to put money in the game.  He agrees the economic plan needs to be updated.  The proposal says a Task Force of 40 to 50 people and he thinks that is ridiculous.  He thinks Winter Springs has been very active in economic development and he thinks economic development is a good idea.  They are not bashful about stepping up to the plate.  His concern was he would have liked to be informed about this.  He thinks this proposal needs to be looked at a little more.  He and the City Commission would like to have some input.  He said he has talked to all the Mayors and none of them are aware of this.

     Chairman Dallari stated they are trying to make sure the County moves forward as a whole in economic development.

     Mayor Charlene Clancy, city of Casselberry, addressed the Board to state she was completely side-swiped by this.  She believes the public/private partnerships today is the way to jump-start the economy.  Her main concern is in doing this, when the steering committee is trying to fill members of the task force, they recognize that they need fair and equitable representation across the County.  All the cities want to be sure they get a play in this and their interests are considered. 

     Commissioner Carey said at the end of the day, the County’s deal is with Envision Seminole.  She wants to hear their commitment that they are o.k. with what they are hearing today.  She said maybe the first step is to develop the task force first and then bring it back to the BCC. 

     Commissioner Henley confirmed with Mr. Strickler that Envision Seminole is the pass-through of the money, but they have no control over what’s happening; that is in the hands of the steering committee.  Mr. Strickler also said the steering committee is there to help steer and keep everything on track according to the agreement.  He thinks on Friday, the entire Envision Seminole Board hopes to approve the proposal.  He thinks a report back on the task force is to make sure they are communicating frequently with the County as well as the Cities.  He doesn’t want to say Envision Seminole is not involved because they may have some people get involved.  Also, he thinks rather than quarterly reports, any significant progress needs to be reported.  Discussion continued.

     Commissioner Van Der Weide and Carey briefly discussed the SeminoleWay with Mayor Bush.

     Speaker Request Form for Mayor Bush was received and filed.

     Motion by Commissioner Carey, seconded by Commissioner McLean, to approve an Agreement, as shown on page _______, between Seminole County and Leadership Seminole, Inc. d/b/a Envision Seminole in the amount of $100,000 to develop a County-wide economic development strategy with all conditions identified, to take Task Force input from the Cities of Seminole County, subject to regular reporting back to the BCC and subject to the County’s budget being approved and the $100,000 being in the budget. 

     Districts 1, 2, 4 and 5 voted AYE.

     Commissioner Van Der Weide voted NAY.

REGULAR AGENDA

     Kathy Fall, Planner, addressed the Board to present the request for reduction of the Code Enforcement Board lien, which totals $22,750 for Case #09-95-CEB on the property located at 1656 Bear Crossing Circle, Apopka, Eric & Leticia Hepburn (previous owners), Deutsche Bank National Trust (current owner); ServiceLink, Crystal Kittelman.  Ms. Fall said staff recommends denial of the request for reduction of the lien for the following reasons:  Deutsche Bank National Trust did not create the violations; however, they received, via certified mail, all notifications and documents regarding these violations from the inception of this case in 2009; and Deutsche Bank took 91 days to bring the property into compliance after receiving ownership through foreclosure.  Ms. Fall gave an update on the case, stating the Code Enforcement Officer received a complaint this morning and the officer said the property is out of compliance as of this morning.

     Upon inquiry by Commissioner Carey, Ms. Fall said Field Asset Services, on behalf of the bank, brought the pool into compliance.  The tenants have been evicted as of July 21.

     Commissioner Carey said her point is that the bank could have brought the entire property into compliance instead of just the pool.

     Attorney Jay T. Baitner, on behalf of Deutsche Bank, addressed the Board to state it is a real risk of liability to the banks when they try to address the property when there are tenants on the property.  He explained a case he is involved in currently and said the banks open themselves up every time they secure property when tenants are on the property.  He stated it cost the bank $67 to fix the pool, so it was not a monetary decision; but it’s the risk the banks run into when they try to secure the property when tenants are in possession of it.

     Commissioner Carey said she feels it is the bank’s responsibility when they take possession of the property.  As far as she is concerned, the banks are not working as aggressively as they can.  She doesn’t buy it that the banks are at risk with liability.  They can’t seem to get the banks’ attention.

     District Commissioner Van Der Weide stated one of the things that convinced him is that the property is already out of compliance now as of today.

     Speaker Request Form for Attorney Baitner was received and filed.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to deny the request for reduction of the Code Enforcement Board lien, which totals $22,750 for Case #09-95-CEB on the property located at 1656 Bear Crossing Circle, Apopka, Eric & Leticia Hepburn (previous owners), Deutsche Bank National Trust (current owner); ServiceLink, Crystal Kittelman; and authorize the Chairman to execute the Release of Lien, as shown on page _______, upon payment in full.

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

     Chairman Dallari recessed the meeting at 2:33 p.m. and reconvened it at 2:41 p.m. with Commissioner Henley and Clerk Maryanne Morse entering late.

PROOFS OF PUBLICATION

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

     Districts 1, 2, 3 and 5 voted AYE.

     Commissioner Henley returned to the meeting at this time.

PUBLIC HEARINGS

LAKE SPRING WOOD MSBU

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance to establish the Lake Spring Wood Aquatic Weed Control MSBU, received and filed.

     Carol Watral, MSBU Project Manager, addressed the Board to present the request, stating the community support rate for the Petition for Improvement was 72.2% and staff is recommending approval of the Ordinance.

     Clerk Maryanne Morse reentered the meeting at this time.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to adopt Ordinance #2010-17, as shown on page _______, establishing the Lake Spring Wood Aquatic Weed Control MSBU; as described in the proof of publication.

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

LAKE MYRTLE SOUTHERN COVE MSBU

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance establishing the Lake Myrtle Southern Cove Aquatic Weed Control MSBU, received and filed.

     Ms. Watral presented the request, stating the community support for the Petition for Improvement was 69.2% and staff is recommending approval of the Ordinance.

     Ralph Ballentine, 1840 Lake Emma Road, addressed the Board to state he is here because he wants to be frugal.  He said they had a MSBU organization and understood this was going to take care of the problems.  Now they are coming back for another MSBU.  At this point, he opposes this.  To him, Myrtle Lake is a lake that is comatose and they need to pull the plug.  He understands they can’t do more because of the sludge and you can’t get to the bottom.  All they are doing is putting good money to bad money.  He said if the Board feels they need to go through this, he is asking them to put a limit on what they can do. 

     Glenda Ballentine, 1840 Lake Emma Road, addressed the Board to state she is for improving the lake but not for the portion where all the problem is.  That is where there is a big culvert.  She said as long as there is not some way to control what’s going into the lake, there will be the same thing over and over again.  The gentleman working on it before said there is about eight feet of muck and until they get that off, the spring is not going to be able to do what it is supposed to do.  The lake has dried up four times since 1984.  She said if this is going to help the lake, they are for it; but if this is going to be ongoing, that is something to think about.

     Lindy Freeman, 1617 Overlook Road, addressed the Board to state she is not only in support of weed control but she expressed the profound appreciation they have for the efforts to show trust in this lake.  She asked that the Board take a more private review of this public/private partnership.  She thinks it’s been a wonderful thing.  She asked the Commissioners to drive by that portion of the lake and they will see a significant difference.  She praised the County staff for their efforts to restore the lake and for their help with the MSBU process.

     Chairman Dallari thanked Ms. Freeman for commending the County staff.

     Andy Lauzier, 1932 Deerview Place, speaking also on behalf of the Friends of Lake Myrtle, addressed the Board to state this MSBU is a continuation of a true public/private partnership.  He reviewed details of the first MSBU and maintenance of the lake for about 12 months by 12 of the residents.  He said he thinks the MSBU is fair and equitable now that all 26 residents who benefit will be contributing equally and their Board of Directors fully supports the MSBU.  He also acknowledged the County employees.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     District Commissioner Henley stated this lake has been one of concern for quite some time and efforts have been put forth to make improvements, but it is not where they would like it to be.  He thinks 69% approval by the citizens pretty strongly indicates that most want to make the effort to improve.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt Ordinance #2010-18, as shown on page _______, establishing the Lake Myrtle Southern Cove Aquatic Weed Control MSBU; as described in the proof of publication.

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

CONSENT AGENDA

     ACM Joe Forte addressed the Board to advise the following information/changes:  Commissioners should have all the information provided for Item #9, Chairman to execute the International Association of Firefighters Local 3254 Agreements for Unit A and Unit B; Item #21, Chairman to execute Seminole County/Florida Superior Properties Economic Community Services, Inc. (SPECS) HOME Program and Community Development Block Grant Program Senior Citizen Rental Housing Development Organization (CHDO) Subrecipient Agreement, is in District 5 and not District 1; one of the fund/account numbers for Item #27, BCR #10-23 in the amount of $35,575,164 is corrected from 40106.087817 to 40106.087818; and background information for Item #37, approval to expend $2,000 from the Law Enforcement Trust Fund to the 2010 Seminole County Red Ribbon Campaign, was corrected to read the State/Local uncommitted Forfeiture Fund Cash Balance prior to this commitment is $159,221.90.

     Upon inquiry by Commissioner Carey, Meloney Lung, Support Services, said it is correct that Item #17, approve 2011 Health Insurance Premium Rates, is the group health insurance funding and there is no increase to the employees for the base plan.

     Mr. Forte further advised that Item #34A, Chairman to execute the Fiscal Year 2010/2011 Annual Certified Budget Form required to establish the Seminole County Mosquito Control program as a State-approved Program and to secure eligibility to receive grant funds, is added to the agenda.

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

County Manager’s Office

Business Office

 8.  Approve travel and mileage reimbursement to Commissioner Carlton Henley for miscellaneous travel from January 2010, through July 2010.

 9.  Approve and authorize the Chairman to execute the International Association of Firefighters Local 3254 Agreements, as shown on page _______, for Unit A and Unit B.

Purchasing & Contracts Division

10.  Award CC-5075-10/JVP, as shown on page _______, Master Services Agreements (MSAs) for Public Works Minor Construction under $2,000,000 to AJC Construction, LLC and JCB Construction, both of Orlando, Florida, and The Briar Team of Sanford, Florida, and authorize the Purchasing & Contracts Manager to execute the MSAs (estimated annual usage amount of $3,000,000.00).

11.  Award CC-5544-10/JVP, as shown on page _______, Master Services Agreements (MSAs) for FHWA Disaster Relief Minor Construction under $2,000,000 to JCB Construction of Orlando, Florida and The Briar Team of Sanford, Florida, and authorize the Purchasing & Contracts Manager to execute the MSAs (for emergency use; the dollar value for usage will depend on scope of declared emergency).

12.  Award RFP-600916-10/BJC, as shown on page _______, Pavement Management Data Collection Services, to Southeastern Surveying & Mapping, Orlando, Florida.

13.  Award RFP-600958-10/BJC, as shown on page _______, Employee Benefits:  Flexible Spending Account to Chard Snyder, Mason, OH; and Line of Duty Coverage to L. B. Bryan & Company, St. Augustine/National Union Fire Insurance Company, Pennsylvania.

14.  Award RFP-5465-10/DRR, as shown on page _______, Master Services Agreement (MSA) for Security Repairs, Maintenance and Upgrades to SiteSecure, Inc. of Sanford, Florida, and authorize the Purchasing & Contracts Manager to execute the MSA (estimated annual usage amount of $500,000.00).

15.  Approve Change Order #3, as shown on page _______, to CC-4082-08/VFT, Elder Road/Orange Boulevard Water Main & Force Main Utilities, to Wal-Rose, Inc. of Sanford, Florida, in the amount of $39,258.29, add an additional thirty (30) calendar days to final completion, and authorize the Purchasing & Contracts Manager to execute the Change Order.

16.  Approve the ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA), and authorize the Purchasing & Contracts Manager to execute a Master Services Agreement (MSA) for PS-5451-10/VFT, as shown on page _______, Master Services Agreement for CE&I Services for Chapman Road (S.R. 426 to S.R. 434) with PBS&J of Orlando, Florida (estimated usage of $1,700,000.00 over the term of the Agreement).

 

Central Services

Support Services Division

17.  Approve the 2011 Health Insurance Premium Rates effective January 1, 2011 through December 31, 2011 by plan type and coverage as per schedule provided.

18.  Approve and authorize the Chairman to execute the following agreements, as shown on page _______, for:  Long-Term Disability - Reliance Standard; Group Dental Insurance - Solstice Benefits; and Medical Claims Administration - Blue Cross and Blue Shield of Florida.

19.  Approve and authorize the change to the current policy offered by Symetra which increases the specific contract type from 12/15 to 12/18, at no additional cost; approve and authorize the Chairman to execute the renewal, as shown on page _______, with Symetra effective from January 1, 2011 through December 31, 2011, with the following changes:  increasing the specific contract type from 12/18 to 12/24 and increasing the individual specific deductible amount from $200,000 to $250,000.

 

Community Services

Community Assistance Division

20.  Approve and authorize the Chairman to execute the Seminole County/Community Improvement Association of Seminole County, Inc. HUD/CDBG Subrecipient Agreement Program Year 2009 -2010, as shown on page _______.

21.  Approve and authorize the Chairman to execute the Seminole County/Florida Superior Properties Economic Community Services, Inc (SPECS) HOME Program and Community Development Block Grant Program Senior Citizen Rental Housing Development Organization (CHDO) Subrecipient Agreement, as shown on page _______.

 

Environmental Services

Business Office

22.  Approve the release of the original Water & Sewer Maintenance Bond (Bond #070-006-407) for the project known as Terracina @ Lake Forest Ph. 1 in the amount of $42,430.55.

 

Fiscal Services

Business Office

23.  Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Department of Financial Services in acceptance of $274,481 in Homeland Security funds to assist with Urban Search and Rescue and Hazardous Materials related activities.

24.  Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with Housing and Urban Development in acceptance of $607,860 through their Shelter Plus Care Program.

Budget Division

25.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-192, as shown on page _______, implementing Budget Amendment Request (BAR) #10-100 through the Stormwater Fund and Transportation Trust Fund in the amount of $1,910,220 to transfer $955,110 from the Stormwater Fund to the Transportation Fund for positions in the Roads/Stormwater Program.

26.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-193, as shown on page _______, implementing Budget Amendment Request (BAR) #10-102 through the General Fund Reserves in the amount of $635,000 to increase funding for Community Services mandated costs for Medicaid, the Health Care Responsibility Act, and Indigent Burial programs.

27.  Approve and authorize the Chairman to execute a Budget Change Request (BCR) #10-23, as shown on page _______, through the Water and Sewer Funds in the amount of $35,575,164 to reallocate capital project funding into "Family of Projects."

 

Leisure Services

Tourism-CVB Division

28.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the Sanford Chamber of Commerce for the 2010 Sanford Chamber Bikefest in the amount of $4,000.

29.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Elite Clubs National League, Inc. in the amount of $15,404.50.

 

Public Works

Engineering Division

30.  Authorization to schedule and advertise a Public Hearing for October 12, 2010, for the adoption of an improvement alternative and authorization to proceed with final design for the widening of County Road 419 from Snow Hill Road to the County Line.

31.  Approve and authorize the release of a Right-of-Way Utilization Permit Maintenance Bond (Number 2078199) in the amount of $11,259.39 submitted for roadway improvements to Rinehart Road in conjunction with the Seminole Commons Project.

32.  Approve and authorize the release of a Right-of-Way Utilization Permit Maintenance Bond (Number 929 388 770) in the amount of $16,237.00 submitted for roadway improvements to Riverview Avenue in conjunction with the Riverview Townhomes Project.

33.  Approve and authorize the release of a Right-of-Way Utilization Permit Cash Maintenance Bond in the amount of $6,432.28 for roadway improvements to Rinehart Road in conjunction with the 1700 Rinehart LLC Project.

Roads – Stormwater Division

34.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, between Seminole County and the University of South Florida for work on the Seminole County Watershed Atlas Project.

34A. Approve and authorize the Chairman to execute the Fiscal Year 2010/2011 Annual Certified Budget Form, as shown on page _______, required to establish the Seminole County Mosquito Control Program as a State-approved program and to secure eligibility to receive grant funds.

 

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

 

Constitutional Officers’ Consent Agenda

 

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

Clerk’s Office

35.  Approval of Expenditure Approval Lists, as shown on page _______, dated August 9 and 16, 2010; approval of Payroll Approval Lists, as shown on page _______, dated July 31 and August 14, 2010; and approval of BCC Official Minutes dated July 27, 2010.

 

Sheriff’s Office

36.  Approval to expend $500 from the Law Enforcement Trust Fund to provide a contribution to the Pathway to Homes program.

37.  Approval to expend $2,000 from the Law Enforcement Trust Fund to provide for a contribution to the 2010 Seminole County Red Ribbon Campaign.

 

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

 

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The Board noted, for information only, the following Clerk's "received and filed":

 1.  Development Order, as shown on page _______, for Ari & Deborah Tinkoff.

 

 2.  Letter of Understanding, as shown on page _______, between Seminole County and City of Oviedo-Ambient Environmental Monitoring.

 

 3.  Change Order #1, as shown on page _______, to Work Order #46 to CC-1075-6.

 

 4.  Work Order #5, as shown on page _______, to PS-5179-05.

 

 5.  Work Order #5, as shown on page _______, to PS-3166-08.

 

 6.  Amendment #1, as shown on page _______, to Work Order #3 to PS-0722-06.

 

 7.  Amendment #2, as shown on page _______, to Work Order #6 to PS-5172-04.

 

 8.  Work Order #11, as shown on page _______, to PS-4388-09.

 

 9.  Work Order #80, as shown on page _______, to PS-1074-06.

 

10.  Change Order #1, as shown on page _______, to CC-4259-09.

 

11.  Seventh Amendment, as shown on page _______, to IFB-600404-09.

 

12.  Amendment #1, as shown on page _______, to Work Order #6 for RFP-4277-09.

 

13.  Work Order #12, as shown on page _______, to PS-4388-09.

 

14.  Work Order #46, as shown on page _______, to PS-5174-04.

 

15.  Tenth Amendment, as shown on page _______, to RFP-600094-06.

 

16.  Change Order #1, as shown on page _______, to CC-4186-09.

 

17.  Change Order #1, as shown on page _______, to Work Order #44 to CC-1075-06.

 

18.  Change Order #1, as shown on page _______, to CC-5018-09.

 

19.  Work Order #8, as shown on page _______, to PS-5140-03.

 

20.  Change Order #2, as shown on page _______, to Work Order #15 to CC-2184-07.

 

21.  Work Order #13, as shown on page _______, to PS-4388-09.

 

22.  Authorization Memo, as shown on page _______, for Work Orders #29 & #30 to PS-1529-06.

 

23.  Work Order #38, as shown on page _______, to PS-1501-06.

 

24.  Work Order #80, as shown on page _______, for CC-1220-03.

 

25.  Addendum #4, as shown on page _______, to the SR 46/Lake Forest Blvd. Townhomes Final Master Plan DCA.

 

26.  IFB-600890-10, as shown on page _______, Term Contract with Clean Spray Corporation.

 

27.  IFB-600891-10, as shown on page _______, Term Contract with Consolidated Resource Recovery, Inc.

 

28.  Mutual Termination, as shown on page _______, of IFB-600463-08 with Barracuda Building Corp.

 

29.  RFP-600897-10, as shown on page _______, Term Contract with SiteSecure, Inc.

 

30.  Closeout, as shown on page _______, to CC-4205-09.

 

31.  Closeout, as shown on page _______, to CC-4754-09.

 

32.  RFP-600878-10, as shown on page _______, Term Contract with Metric Engineering, Inc.

 

33.  Umpire/Scorekeeper Agreement, as shown on page _______, with Michael Buky.

 

34.  Amendment, as shown on page _______, to Conditional Utility Agreements for Water and Sewer/Greenway South PUD.

 

35.  Restrictive Use Covenant, as shown on page _______, with Miller Construction Services, LLC, for 108 Deer Song Drive.

 

36.  Closeout, as shown on page _______, to CC-2702-07.

 

37.  Amendment #2, as shown on page _______, to Work Order #16 to PS-5182-05.

 

38.  Amendment #1, as shown on page _______, to Work Order #26 to PS-5182-05.  

 

39.  Work Orders #50, #51, #52, #53, #54, #55 and #56, as shown on page _______, to CC-1741-07.

 

40.  Work Orders #1 and #2, as shown on page _______, to PS-4906-09.

 

41.  Letter from City of Casselberry to Maryanne Morse, Clerk of the Court, regarding Annexation Ordinance 10-1337.

 

42.  Assignment, as shown on page _______, of PS-2404-07 to AECom Technical Services.

 

43.  IFB-600943-10, as shown on page _______, Term Contract with Battery Zone, Inc.

 

44.  Release, as shown on page _______, of Code Enforcement Lien on 500 Raymond Avenue for Federal National Mortgage Association (Stumo).

 

45.  Change Order #3, as shown on page _______, to CC-4623-09.

 

46.  CC-5083-10, as shown on page _______, Notice to Proceed to Gates Butz Institutional Construction.

 

47.  Change Order #1, as shown on page _______, to Work Order #17 to CC-2184-07.

 

48.  Change Orders #1 and #2, as shown on page _______, to Work Order #18 to CC-2184-07.

 

49.  Change Order #1, as shown on page _______, to Work Order #19 to CC-2184-07.

 

50.  Change Order #1, as shown on page _______, to Work Order #20 to CC-2184-07.

 

51.  Change Order #1, as shown on page _______, to Work Order #21 to CC-2184-07.

 

52.  Development Order 10-5000003, as shown on page _______, for Beverly Brill – Guest House/Cottage.

 

53.  Cathcart PCD Developer’s Commitment Agreement, as shown on page _______, as approved by the BCC on 4/27/10.

 

54.  Work Order #2, as shown on page _______, to PS-5438-10.

 

55.  Bids as follows:  IFB-600959-10; RFQ-600961-10; IFB-600966-10; IFB-600962-10; RFQ-5888-10; RFP-600958-10; and RFQ-600975-10.

 

REGULAR AGENDA

 

     Ray Hooper, Purchasing Contracts Manager, addressed the Board to present the request for the Board to evaluate, rank and select the number one ranked firm to provide services for RFQ-5888-10/BLH, Construction Manager at Risk for Major Water Treatment Plant Upgrades, and authorize the Purchasing & Contracts Division (PCD) Manager to execute the AIA (A133) Agreement, and authorize the PCD Manager and Environmental Services Department to negotiate and execute the Work Orders for Pre-Construction Services.

     Mr. McMillan advised that this is not a CCNA award and the Board doesn’t have to rank the firms as #1, #2 and #3, but they could rank only #1.  The Board briefly discussed how they would rank the firms and decided, by consensus, to rank the # 1, #2 and #3 firms.

     Mr. McMillan distributed business cards (received and filed) for voting and announced five votes were cast for Wharton-Smith as the #1 firm.

     Motion by Commissioner Carey, seconded by Commissioner McLean, to select Wharton-Smith as the #1 firm to provide services for RFQ-5888-10/BLH, Construction Manager at Risk for Major Water Treatment Plant Upgrades, and authorize the Purchasing & Contracts Division (PCD) Manager to execute the AIA (A133) Agreement, as shown on page _______; and authorize the PCD Manager and Environmental Services Department to negotiate and execute the Work Orders for Pre-Construction Services (estimated usage of $50,000,000.00 over the term of the Agreement).

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

     Mr. McMillan distributed business cards (received and filed) for voting and announced three votes were cast by Commissioners McLean, Carey and Dallari for MWH Constructors, Inc. to be the #2 firm.  Commissioners Henley and Van Der Weide voted for Brasfield & Gorrie, LLC, to be #2.

     Motion by Commissioner McLean, seconded by Commissioner Henley, to rank MWH Constructors, Inc. as the #2 firm to provide services for RFQ-5888-10/BLH, Construction Manager at Risk for Major Water Treatment Plant Upgrades.

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

Mr. McMillan distributed business cards (received and filed) for voting and announced that four votes were cast by Commissioners Van Der Weide, Carey, Henley and Dallari for Brasfield & Gorrie, LLC, to be the #3 firm.  Commissioner McLean voted for Encore Construction Company, LLC.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to rank Brasfield & Gorrie as the #3 firm to provide services for RFQ-5888-10/BLH, Construction Manager at Risk for Major Water Treatment Plant Upgrades.

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

Commissioner Dallari stated since the County Attorney wrote the AIA Contract, he wants to have him involved in this entire process.  The Board voiced no objections.

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     Kathy Fall, Planner, addressed the Board to present request for reduction to the Code Enforcement Board lien which totals $37,650.00, to the administrative costs of $1,342.08, for Case #09-153-CEB on the property located at 340 Alpine Street, Altamonte Springs, David T. & Jessica O’Quinn.  Ms. Fall said the property was found to be in compliance on July 16, 2010.  The lien currently totals $37,650 for 251 days in noncompliance.  The applicant is requesting a lien reduction based on a financial hardship.  Staff is recommending the lien be reduced to the administrative costs based on a financial hardship.

     Ms. Fall advised Commissioner Carey that there is a pending short sale on this property.

     Brittany Zapitz, representing David & Jessica O’Quinn, addressed the Board to express thanks for reducing the fees, but she said they are still in a little situation to get this property closed.  She stated this is a single mom with two children and she did not have the income at the time to get anything done.  The reduction to $1,342.08 still will not take them to their goal of closing the property on September 30.  She said the money is not there.  She advised she is the one who has been keeping up the property.  She asked if there is anything more the Board could do.

     District Commissioner Henley said he thinks Ms. O’Quinn did a good job of justifying her financial hardship and he does have some concerns as to whether she will be able to pay off the lien. 

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve the staff recommendation to reduce the Code Enforcement Board lien which totals $37,650.00, to the administrative costs of $1,342.08, for Case #09-153-CEB on the property located at 340 Alpine Street, Altamonte Springs, David T. & Jessica O’Quinn; require this amount to be paid within 90 days; and authorize the Chairman to execute the Release of Lien upon payment in full.

     Under discussion, Commissioner Carey said she is hearing there is a short sale pending and it does not sound like the applicant will have the proceeds to pay that.  She asked Commissioner Henley if he would consider, instead of 90 days to make full payment, to work out a payment plan for the applicant.  Commissioner Henley said he didn’t have a problem with trying to show some compassion and they can leave it up to staff to work out a payment plan if the Board is more comfortable with that.

     Chairman Dallari said he didn’t think there would be an issue with allowing staff to work out a payment plan.  Commissioner Van Der Weide agreed.

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

CHAIRMAN’S REPORT

     Chairman Dallari said at the next meeting since they have a budget public hearing, he would also like to move the morning meeting to the afternoon beginning at 1:30 p.m.  The Board gave consensus to do that.

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     Chairman Dallari asked, if no objections, to schedule the November regular meeting to the second Tuesday (November 9) of the month and schedule the reorganization of the Board on the third Tuesday (16th) of November.  Commissioner Carey briefly discussed holding the reorganization on the same day with the regular meeting on November 9.  Commissioner McLean said he was comfortable with the schedule proposed by Chairman Dallari.

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     Chairman Dallari stated at the last meeting, he advised the Board of a request from the East Central Florida Regional Planning Council for a letter of support for a grant (excert of the minutes of August 10, 2010 was received and filed).

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     Motion by Commissioner Carey, seconded by Commissioner Henley, to hold only one BCC meeting in December for the second Tuesday (December 14) of the month.

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

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     Chairman Dallari advised there was a panel discussion with DOR and the Tax Collector on August 26. 

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     Chairman Dallari stated at the last meeting, they discussed the Casselberry CRA and Seminole County needs a designee to fill a vacancy on that board.  He recommended Brian Riley to fill that vacancy.

     Motion by Commissioner Carey, seconded by Commissioner Henley, to appoint Brian Riley to fill the vacancy on the Casselberry CRA for a two-year term ending in 2012.

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

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Copy of letter dated August 10, 2010, from Chairman Dallari to Stacie DeMonbrun, Myregion.org,  re:  Board of County Commissioners’ support to the East Central Florida Regional Planning Council’s (ECFRPC) application for a U.S. Department of Housing and Urban Development (HUD) Sustainable Communities Regional Planning Grant.  (cc: BCC, County Manager)

 

 2.  Copy of letter (w/attachment) dated August 10, 2010, from David Diggs, Seminole County Sheriff’s Office, Department of Corrections, to Chairman Dallari re:  Complete Report of the 2010 Annual F.M.J.S. Facility Inspection Report for the John E. Polk Correctional Facility.  (cc: BCC, County Manager)

 

 3.  Letter dated August 19, 2010, from Don Philpott, Wekiva Wilderness Trust, to Chairman Dallari re:  Wekiva Wilderness Trust’s support of a change of use application submitted by Wekiva Island LLC.  (cc: BCC, County Manager, Growth Management)

 

 4.  Letter (w/attachment) dated August 23, 2010, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re:  Changes in programming from August 26 through October 26, 2010.

 

 5.  Memorandum (w/attachment) dated August 30, 2010, from Ray Valdes, Seminole County Tax Collector, to Chairman Dallari re:  Florida Statute 197.323 and requesting the Board of County Commissioners to authorize the Tax Collector to begin collection of the 2010 Tax Roll prior to the completion of the Value Adjustment Board hearings.  (cc: BCC, County Manager)

 

 6.  Copy of letter dated August 31, 2010, from Chairman Dallari to Brett Boston, Wildlife Foundation of Florida, re:  Board of County Commissioner’s support to work with their representatives to assist in establishing Florida Youth Conservation Education Centers throughout the State.  (cc: BCC, County Manager, Leisure Services)

 

 7.  Copy of letter dated August 31, 2010, from Chairman Dallari to Nick Wiley, Florida Fish and Wildlife Conservation Commission, re:  Board of County Commissioners’ support to work with their representatives to assist in establishing Florida Youth Conservation Education Centers throughout the State.  (cc: BCC, County Manager, Leisure Services)

 

 8.  Notice of Public Hearing from the City of Sanford dated September 1, 2010, to be held on September 13, 2010, and September 27, 2010, re:  First reading of Ordinance No. 4222 and to consider adoption of Ordinance No. 4222 annexing property located between Celery Avenue and 1st Drive and between Fairfield Drive and Summerlin Avenue S.  (cc: BCC, County Manager, Growth Management)

 

 9.  Notice of Public Hearing from the City of Oviedo dated September 2, 2010, to be held on September 20, 2010, re:  Oviedo City Council to consider adoption of Ordinance No. 1496 which provides for the establishment of a Community Redevelopment Trust Fund which shall be utilized and expended for the purpose of community redevelopment; and to accommodate the implementation of tax increment financing within the community redevelopment area located within the City of Oviedo.  (cc: BCC, County Manager, Growth Management)

 

10.  Copy of letter dated September 7, 2010, from David Theriaque, Theriaque & Spain, Attorneys At Law, to Robert McMillan, County Attorney, re:  Integra Land Company and Orlando Lake Forest Joint Venture’s Request for Relief Pursuant to Section 70.51, Florida Statutes.  (cc: County Manager, Growth Management)

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Henley reported on last Saturday, the Longwood City Commissioners had Heroes Recognition Day at their Monument.  He said was it was a tremendous ceremony.  Everybody there recognized the time and effort that went into the event.  He thinks they need to be commended for it.

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     Commissioner Henley said Lynx recently hired a search firm to look for a CEO.  They have selected five that were presented to the Lynx Board and they will begin interviewing those within the next week or so.

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     Commissioner Carey said at the last Metroplan meeting, DOT did a presentation called “Rethink Your Commute.”  The goal is to try to get people to car pool.  She thinks it’s important, as Commissioners, to have that information in their offices.  She asked Mr. Forte to do a pilot test with the employees to make sure they are aware of this.  She thinks these are great programs and many times they are not successful because large employers are not aware of them.  She would like to get that presentation and possibly put a link to the County’s web site as well.

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     Commissioner Carey stated she had a meeting this morning with the Midway Community group (and she knows they will be coming by the other Commissioners’ offices to schedule some time with them) and there was a number of items they talked about.  Code enforcement was at the top of the list.  There are a lot of homes abandoned in the area and the Code Enforcement Officer saw several for the condemnation list.  She said as code enforcement continues to be an issue, every meeting they have two or three items.  She had an officer from the Sheriff’s Department there this morning and it seems things continue to get pushed out, the Code Board lets things go and the BCC waives fees.  They need to think about the code enforcement process now and talk about it rather than later.  The other things the Midway group talked about were sidewalks and drainage projects.  Commissioner Carey stated when Rev. Blake came before the Board in June, the Chairman directed staff to report back to the BCC by the end of July to talk about the Midway Community Center and they are now in September and have not heard back yet.  She said she would like a date specific, either September 28 or October 12, under the County Manager’s Report about the options; and the Midway community is also waiting to hear the outcome.

     Mr. Forte said the conditions have started changing.  Something new has recently come up regarding the Midway School.  He said staff is working on putting together a snapshot of what the conditions are and will bring that back to the Board.

     Commissioner Carey said if it turns out they can’t make the school work for the community center, she hopes the School Board will not allow it to sit and become an eyesore.  If not, she suggested that they can take the money identified and the insurance money and get property adjacent to Safe Harbor from the School Board and build a community center back in that place.  She thinks there are other options they can have ad would like to hear all of them.

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     Commissioner Carey stated October is Breast Cancer Awareness Month. 

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     Chairman Dallari wished Commissioner Carey a Happy Birthday.

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     Chairman Dallari stated last year they spoke about the search for a County Manager.  He said Mr. Forte is doing a great job as Acting County Manager.  He thinks the Board needs to bring back at the next meeting or within the next couple of meetings direction on how they move forward to have a permanent County Manager and see what options there are for a search committee.  He asked Mr. McMillan to work with the Board to try to put a list together of which companies they want to solicit and bring back so they can take a positive direction moving forward.

     Commissioner Carey said she would like to have someone do some research on which is the best firm. 

     Chairman Dallari stated he would like Mr. McMillan to speak with David Kornreich, Labor Counsel, about a recommended firm out of Atlanta.  He said, if no objections, he would like to have Mr. McMillan work with the Board and Mr. Kornreich and bring this back at the next meeting.

     Commissioner Van Der Weide said that is even if the Board wants to go out for a search.

     Whereupon, Commissioner Carey said if the Board is not interested in going out for a search, it would be a waste of time to put information together.

     Mr. McMillan clarified that the Chairman is asking him to bring back names of firms but not updated proposals.

     Commissioner Carey added to maybe do some research and contact and get resumes from the information.

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     Commissioner McLean said he was surprised when he received the information about the Sheriff’s Department and the bonuses the Sheriff handed out to his employees.  He brings this up because his concern is it appears they did not have the usual communication they enjoy in situations like this.  He said the Board has been discussing bonuses themselves.  He is bringing this up only to say to be sure they keep those communication lines open and be sure they are working together as in the past.  When working in these fiscal times, it is always good to coordinate if they can.

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     Commissioner McLean said he attended today the East Central Florida Regional Planning Council’s meeting and, as Commissioner Carey said, they talked about the 2060 Policy Plan.  He spoke with Phil Lorene (phonetic) and he told him they are working through the process.  One challenge was that the recommendations were required ones.  Now they are changing that to be recommended instead of required.  This will be coming back by the end of October to the ECFRPC Board.  He said it appears the BCC discussions are carrying some weight.

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     Commissioner McLean said in discussions before he mentioned some ideas about looking at the millage rates; he will bring that information to discuss tonight.

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     Commissioner Van Der Weide said he has been hearing a lot about the 2060 Plan and it’s very good news that it is going to be a suggestion and not a requirement. 

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     Commissioner Van Der Weide asked, and said he has people asking him, how they are doing on the clinic. 

     Mr. Forte advised there will be a Risk Management Executive Committee meeting on September 28 and he will get additional information at that time.  Hopefully, they will have some direction at that point and he will bring that back to the BCC.

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     Commissioner Van Der Weide said what happened with the firefighters is a shame; they waived their rights.  He stated that, in his mind, somewhere along the line, the County is going to have to make it up to them.

COUNTY MANAGER’S REPORT

 

     Mr. Forte presented request for renewal of the contract with Alcalde & Fay, Federal Lobbyist for the County.

     Motion by Commissioner Carey, seconded by Commissioner McLean, to approve renewal of the contract with Alcalde & Fay (Federal Lobbyist) for the final one-year term.

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

 

COUNTY ATTORNEY’S REPORT

 

     Mr. McMillan reported regarding Sun State Trees on Highway 427 and the hearing to be held on Monday.  He asked for Board direction on a proposed recommendation and said he would bring this up at the end of the Budget hearing this evening for specific direction.  Board discussion ensued.  Commissioner Henley said Sun State has had approximately 10 years to come into compliance and has not done it yet.  He said he wants to see what staff is recommending before he votes on it.  Mr. McMillan stated he has told the Board repeatedly that they are not trying to shut Sun State Trees down but to get them to comply.  He wants to make sure everybody understands where they are and get direction from the Board. 

     Chairman Dallari said he would not muddy the waters, but just take it to court.

     Commissioner Carey said she would want to see the County Attorney’s proposal.  She asked if he was losing anything.  Mr. McMillan said he might eliminate some of the risk and might get them into compliance sooner through contempt proceedings.

     Mr. McMillan also advised that within the last two weeks, Sun State Trees has been cited again on the Longwood Hills site.  He said he would distribute some information (not received and filed) and they will talk about this later tonight.

ITEMS FOR FUTURE AGENDA

     John Casselberry addressed the Board to state he was not going to attend the budget hearing tonight so he wanted to make a couple of comments now.  He told of personal experience with court proceedings and suggested that holding juvenile court hearings in the Civil Courthouse would save some money and a lot more deputies are located there.  Also on the city of Casselberry’s budget hearing, they have a line item for $800,000 to repair an asbestos pipe in Tanglewood.  He said that would be $300,000 if they did that in the City.  It’s $800,000 because the County Engineering office won’t allow the City to fix (retrofit) those.  He said the Board should look at that.  He said he doesn’t think the City should spend the money.  Further, Mr. Casselberry asked the Board to speak to the air conditioning staff about having the meeting room too cold.

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     Attorney Alison Yurko, Thomas, Callan, P.A., addressed the Board, on behalf of the Sweetwater Springs Homeowners Association, to request the Board to hold a night public hearing on October 26 for the Wekiva Marina item.  She said this matter is of community-wide importance.  There are 68 residents in the Sweetwater Springs HOA that are adjacent to the Wekiva Marina, and it is going to be very difficult for the residents to get to the meeting at 1:30 p.m.  She thanked the County staff and Aides who have been most gracious and helpful.  She also stated she advised her clients to not write or e-mail the Commissioners but to keep their eyes on board to solve the problems.  She said she doesn’t want them to think there is not a huge amount of interest in this matter.

     District Commissioner Van Der Weide stated this has not been before the P&Z Commission yet.  They are in a situation where anything can happen.  He said he told both parties to work this out.  On Attorney Yurko’s request, if the Board does that, everybody with a crowd of 10 or 12 will say hold this hearing at night because all the people can’t come.

     Commissioner Henley said everything the BCC does is of community–wide concern; this is not new.  The Board has held meetings until 12 or 1 o’clock in the morning and people leave because their item has not come up yet.  He said he was surprised that Attorney Yurko told the residents not to write or e-mail the Board because that is the way they get communications from the people.  They make every effort to accommodate the community but not to force staff to come back at night when it could be resolved by questions from the Board.  He thinks they will get requests from everybody to hold meetings at night.

     Commissioner Carey said she thinks the Board said if there was a request to hold a public hearing at night, that was something they would consider.  To her, to cause people to take off from work to come to a public hearing is not right.  She said she hopes Commissioner Van Der Weide is right and everything is taken care of.  The Administrative Code was written to say it would take a vote of the County Commission in order to grant a request.

     Mr. McMillan clarified that the Administrative Code says all public hearings shall be heard in the day unless required by law to be at night or at the vote of the majority of the BCC.

     Commissioner McLean stated he agrees with Commissioner Van Der Weide that this request may be a bit premature.  It appears the parties are working towards something.  Hopefully they can get it to what both parties can work with.  He said the Board could be opening up a “Pandora’s box.”  He’s not necessarily against considering the request, but it may be too early to consider now.

     Commissioner Van Der Weide said he thinks this is premature at this point.  The 56 homeowners are in Sweetwater Oaks.  He said he’s getting a lot of input.  He thinks there are things they can do and the Board can do to solve a lot of the issues. 

     Chairman Dallari said he thinks the request is premature also.  He asked Attorney Yurko to tell her client the Board would love to see as much correspondence as they can give them. 

     Attorney Yurko said the reason she came today was to give the Board ample time for scheduling the 68 residents.  She said a number of environmental groups are also interested.  They just felt this was an extraordinary situation.  She wouldn’t be here if she didn’t feel it was a bona fide request.

     Upon inquiry by Commissioner Carey on what would be the cut-off point, Mr. McMillan said there is a question of when staff would be advertising the day meeting.  They would to redo the ads.  Also, when the Board has had similar requests later in the process, they have agreed to continue the day meeting to the evening and advise everyone.

     Alison Stettner, Growth Management Manager, addressed the Board to state staff has already advertised the P&Z meeting.  The October P&Z was continued by the applicant at the meeting.  Because of the continuance, staff has allowed very short duration between the P&Z and Commission meeting.  She said staff needs at least 15 days to process the ad and notices.  This request needs to be considered at the next meeting in September.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:04 p.m., this same date.

 

ATTEST:_______________________Clerk_____________________Chairman

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