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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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).
-------
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.
-------
Chairman Dallari advised there was a panel
discussion with DOR and the Tax Collector on August 26.
-------
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.
-------
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.
-------
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.
-------
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.
-------
Commissioner Carey stated October is Breast Cancer Awareness
Month.
-------
Chairman Dallari wished Commissioner Carey a Happy Birthday.
-------
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.
-------
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.
-------
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.
-------
Commissioner McLean said in discussions before he mentioned some
ideas about looking at the millage rates; he will bring that information to
discuss tonight.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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
cc