BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 28, 2012
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, February 28, 2012,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman Carlton Henley (District 4)
Commissioner
Bob Dallari (District 1)
Commissioner
John Horan (District 2)
Commissioner
Dick Van Der Weide (District 3)
Clerk
of Circuit Court Maryanne Morse (late)
County
Manager James Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Jane Spencer
Associate Pastor Charles Higgins, Westview Baptist Church,
Sanford, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Rick
Weddle, President of MetroOrlando EDC, addressed the Board to update some of
the activities of the MetroOrlando Economic Development Commission. Mr. Weddle distributed a handout, Investing
in the Metro Orlando Economic Development Commission (copy received and filed),
and stated the handout touches on some of the key value proposition elements
that they find in their relationship.
Mr.
Weddle displayed a PowerPoint presentation (copy received and filed) and
described the EDC Region. He stated the
MetroOrlando Region is a Public-Private Partnership. He reviewed the topics of EDC Focus, Targeted
Sectors/Clusters, and Industry Subsectors.
Mr. Weddle reviewed charts depicting Results Compared to Goal; Seminole
County Projects Results; Seminole County Impact Results; Goals 2011-12 Core
Metrics; and Goals 2011-12 Job Creation Goal.
He discussed Recent Wins and Rationale.
Maryanne
Morse, Clerk of Court, entered the meeting at this time.
Mr.
Weddle thanked the Board for their support.
Upon
inquiry by Commissioner Henley regarding the cooperation between EDC and Open
for Business, Mr. Weddle advised that EDC has participated by attending
meetings, sharing in conversations and providing whatever expertise they can
provide. He stated they have no
financial participation. Upon further
inquiry by Commissioner Henley with regard to whether or not regulations are
making it difficult for businesses to operate in Seminole County, Mr. Weddle
stated they are not personally experiencing any difficulties due to regulations
that are out of the ordinary. There is
certain due diligence that has to be managed.
He stated the cooperation that they are getting is positive and they are
thankful for that.
Commissioner
Dallari thanked Mr. Weddle and his staff for coming today and stated he
believes under Mr. Weddle's leadership, the County is in good hands. At Commissioner Dallari's request, Mr. Weddle
introduced his staff; Tracy Turk, Nate Groover, Brian Walters and Jennifer
Wakefield.
Discussion
ensued with regard to new square footage and filling vacancies.
Commissioner
Horan stated that he believes under Mr. Weddle's leadership, there is an
increased amount of sophistication and professionalism and thanked him for
that. Commissioner Horan discussed the
metric concerning the projection of where new jobs will come from. He said most of the jobs will be created by
those businesses that are already here and they will have to take care of the
customers who are already here.
Mr.
Weddle stated there are not very many quantum leaps forward in this business. Your next best customer almost always looks a
lot like your last best customer. If
they can't help their existing firms grow and expand, develop new markets and
add head counts, and make investments, then they will not be able to do much
for new-to-market companies.
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Chairman
Carey recessed the meeting of the Board of County Commissioners at 9:55 a.m., and
convened as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. HWY 17-92 CRA
David
Buchheit, CRA Project Manager, addressed the Board to present the request to approve
an amendment granting a time extension for the completion of the contract
between the U.S. 17‑92 CRA and French Avenue, LLC.
Mr.
Buchheit stated that French Avenue, LLC had some difficulty getting through the
process with the City of Sanford and is asking for a 90-day time
extension.
District
Commissioner Carey recommended approving the request.
Motion by Commissioner Horan, seconded
by Commissioner Henley, to approve an Amendment, as shown on page _______, to
the U.S. 17-92 CRA Redevelopment Grant Agreement granting a time extension for
the completion of the contract between the U.S. 17‑92 CRA and French
Avenue, LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman Carey adjourned the meeting of the U.S. Highway 17-92
Community Redevelopment Agency at 9:58 a.m., and reconvened the meeting of the
Board of County Commissioners.
PUBLIC PARTICIPATION
Diana
Evans, 1471 Southwind Drive, addressed the Board to request BCC meetings be
moved to after hours when taxpayers and citizens can attend. She stated the School Board did that and they
have a large attendance now. She
explained that out of the 35 people that wanted to be here today, nobody could
make it except for two of them who have flexible schedules.
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Michael
Yingling, 7636 South Four Oaks, addressed the Board to speak about Item #24, Reduction
of Code Enforcement Board Lien. Mr.
Yingling advised that he is here to try and get the fine lowered so the property
can be sold. He wants the Board to take
into consideration that he is ultimately responsible for the payment and only
receives a Social Security check and a small V.A. pension.
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Daniel
Shaw, 153 Alhambra Avenue, addressed the Board to speak about Item #24A, Reduction
of Code Enforcement Board Lien. Mr. Shaw
stated he is short-selling his house.
The value on the property is $40,000 and the code enforcement lien for
the pool is $78,000. He stated he has a
contract on the property to be sold and is here to see if the Board will reduce
or eliminate the lien so the property can be sold.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, addressed
the Board to advise that under the Consent Agenda he is pulling Item #5, Award
RFP-601-323-11/TLR-Term Contract for Aquatic Maintenance, and Item #10, Approve
Budget Amendment Request #12-048. Mr.
Hartmann stated that under the Regular Agenda, Item #24A, Reduction of Code Enforcement
Board Lien, has been added. Staff has
provided some additional language for Item #23, Authorize scheduling and advertising
of a public hearing for the proposed Ordinance amending the County’s Wastewater
System User Rules.
Motion by
Commissioner Henley, seconded by Commissioner Van Der Weide, to authorize and
approve the following:
County Manager’s
Office
Purchasing &
Contracts Division
3. Approve
the Assignment, as shown on page _______, of PS‑5190‑05/DRR
(Program Management Services for Environmental Services CIP Program) from CH2M
HILL, Inc., of Orlando, Florida to CH2M HILL Engineers, Inc., of Orlando,
Florida; and authorize the Purchasing & Contracts Division to execute
Assignment.
4. Award CC‑7126‑11/DRR
- Agreement, as shown on page _______, for Mulch Area and Road Improvements in
the amount of $672,225.34 to P&S Paving, Inc. of Daytona Beach, Florida;
and authorize the Purchasing & Contracts Division to execute the Agreement.
5. Pulled from agenda request to award RFP‑601323‑11/TLR
‑ Term Contract for Aquatic Maintenance to McLane Excavating Co.,
Pierson, for the estimated amount of $887,884.00 per year and authorize the
Purchasing and Contracts Division to execute the Agreement.
6. Award RFP‑601328‑11/TLR
‑ Term Contract, as shown on page _______, for Veterinary Services to
Lake Mary Veterinary Clinic, Lake Mary, at an hourly rate of $65.00 and
authorize the Purchasing and Contracts Division to execute the Agreement.
Fiscal Services
Business Office
7. Approve
and authorize the Chairman to execute the Florida Division of Emergency
Management's State Homeland Security Grant Agreement, as shown on page _______,
in the amount of $29,000.00 to be used for training and planning exercises for
first responders and support personnel.
Budget Division
8. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-55, as
shown on page _______, implementing Budget Amendment Request (BAR) #12‑046
through the Public Safety Grants Fund in the amount of $29,000.00 to allocate
funds from the Florida Division of Emergency Management's State Homeland
Security Grant Program.
9. Approve and authorize the Chairman to execute appropriate
Resolution #2012-R-56, as shown on page _______, implementing Budget Amendment
Request (BAR) #12‑047 through the Water & Sewer Operating Fund in the
amount of $302,000.00 to make an adjustment to the equipment carryforward
adopted on September 27, 2011 and appropriate the funding in Fiscal Year
2011/12.
10. Pulled from agenda request
to approve and authorize the Chairman to execute a Resolution implementing
Budget Amendment Request (BAR) #12‑048 through the General Fund &
Economic Development Trust Fund to provide funding for a Qualified Target
Industry Grant Award assigned to Pershing LLC in the amount of $106,400.00.
MSBU Program
11. Authorize staff to schedule and
advertise a public hearing to review the completed Bel Aire Hills Wall
Replacement MSBU construction project and to establish the final non‑ad
valorem assessment rates for the MSBU by Board Resolution.
Growth
Management
Planning &
Development Division
12. Authorize the Chairman to
execute a Satisfaction of Lien, as shown on page _______, in the amount of
$1,024.14 associated with the property located at 201 Buttonwood Drive,
Longwood; Tax Parcel #32‑20‑29‑5DP‑0D00‑0040;
previously owned by Amanda Vankomen, and currently owned by Justin A. Krivan
& Janice Cashion, (Cosmopolitan Title Agency, Inc.).
13. Authorize the Chairman to
execute a Satisfaction of Lien, as shown on page _______, in the amount of
$1,025.70 associated with the property located at 4590 Kawilla Crest Place,
Winter Park; Tax Parcel #25‑21‑30‑515‑0000‑0010, owned
by Phillip & Tammy Williams (Bank of America).
Leisure Services
Tourism-CVB
Division
14. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Hall of Fame
Baseball, Inc. in the amount of $11,172.00 for the Hall of Fame Sunshine
Classic, Spring Classic, and National Classic held on March 12‑15, April
2‑5, and April 10‑13, 2012.
Public Safety
Business Office
15. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-57, as shown on page
_______, renaming Maid‑O‑the‑Mist Drive to Maid of the Mist
Drive.
16. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-58, as shown on page
_______, renaming Springrun Circle to Spring Run Circle.
17. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-59, as shown on page
_______, renaming White Heron Court to White Heron Place.
Public Works
Engineering
Division
18. Adopt appropriate Resolution
#2012-R-60, as shown on page _______, and authorize the Chairman to execute a
County Deed, as shown on page _______, conveying all right, title and interest
in land identified as Parcel Number 115.1R to the Florida Department of
Transportation in conjunction with improvements to State Road 400 (Interstate
4) from Central Florida Parkway to North of State Road 434. The subject parcel is located on the east and
west side of State Road 400 (Interstate 4).
19. Adopt appropriate Resolution
#2012-R-61, as shown on page _______, accepting a Drainage Easement, as shown
on page _______, (Chateaux at Markham, LLC to Seminole County) for the
construction of drainage improvements along a portion of Orange Boulevard.
20. Approve and authorize the Chairman
to sign and deliver two letters, as shown on page _______, of support for grant
applications for the Orlando Regional Multimodal Pedestrian Safety Program and
Transforming Regional Communities through Connectivity TIGER 2012 Project.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to approve and
authorize the Chairman to execute a Satisfaction of Final Judgment Assessing
Attorney's Fees and Costs, as shown on page _______, in the amount of $200.00
which was imposed in favor of Seminole County on August 14, 2000.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT
AGENDA
Motion by Commissioner Henley,
seconded by Commissioner Van Der Weide, to approve and authorize the following:
Clerk’s
Office
22. Expenditure Approval Lists, as shown on page _______, dated
January 30 and February 6, 2012; approval of Payroll Approval List, as shown on
page _______, dated January 28, 2012; approval of BCC Official Minutes dated
January 24, 2012; and noting, for information only, the following Clerk’s “received
and filed”:
1. BOA
Denial Development Order, as shown on page _______, 11-30000076 for Maria &
Abel Gaibort, 1365 North CR 426.
2. Proof
of Publication, as shown on page _______, for Value Adjustment Board Final
Hearing on February 9, 2012.
3. Change
Order #2, as shown on page _______, to CC-6460-11.
4. Fifth
Amendment, as shown on page _______, to IFB-600806-10.
5. Second
Amendments, as shown on page _______, to PS-1074-06 for Professional Service
Industries, Inc.; Nodarse & Associates, Inc.; and Ardaman & Associates,
Inc.
6. Development
Order 11-31000002, as shown on page _______, for Robert Boothe, 2205 Blue Fish
Place.
7. Work
Order #6, as shown on page _______, to PS-5179-05.
8. Change
Order #2, as shown on page _______, to CC-6879-11.
9. Change
Order #3, as shown on page _______, to Work Order #40 to CC-2184-07.
10. Certificate of Costs of Abatement Lien, as
shown on page _______, for Lambert Family Trust, 102 Sweetwater Club Boulevard.
11. Consummating Order from the Florida Public
Service Commission regarding Docket No. 11013-GU, Florida Public Utilities
Company and Florida Division of Chesapeake Utilities Corporation.
12. Order Suspending Tariff regarding Docket No.
110312-EQ, Florida Power & Light Company.
13. Development Order, as shown on page _______,
11-30000096 for Kristin D. and Rafael Salcedo, 451 Zureiq Point, Admin.
Variance.
14. Change Order #2, as shown on page _______, to
Work Order #22 to CC-2183-07.
15. Change Order #1, as shown on page _______, to
Work Order #43 to CC-2184-07.
16. Work Orders #36, as shown on page _______, and
#37, as shown on page _______, to PS-4388-09.
17. Work Order #13, as shown on page _______, to
PS-5438-10.
18. Change Order #1, as shown on page _______, to
Work Order #1 to CC-7107-11.
19. Change Order #3, as shown on page _______, to
CC-5627-10.
20. Amendment #6, as shown on page _______, to
Work Order #48 to PS-5174-04.
21. Amendment #1, as shown on page _______, to
Work Order #13 to PS-2564-07.
22. Work Order #18, as shown on page _______, to
PS-1020-05.
23. Amendment #1, as shown on page _______, to
Work Order #15 to PS-2564-07.
24. Amendment #1, as shown on page _______, to
Work Order #16 to PS-2564-07.
25. IFB-601252-11 - Term Contract, as shown on
page _______, for Purchase of Pressure Gauges and Electronic Pressure
Transmitters with Quinn Associates.
26. Assignment of IFB-600009-06, as shown on page
_______, Term Contract for Elevator Maintenance Services, General Elevator
Sales & Service, Inc., to Thyssenkrupp Elevator Corporation.
27. Notice of Hearing from the Florida Public
Service Commission regarding Docket Nos. 100437-EI, 100461-EI, 12001-EI, 12007-
EI, 12009-EI, and 120022-EI, Progress Energy of Florida, Inc.
28. Revised Notice to Proceed, as shown on page
_______, for Work Order #45 to CC-2184-07.
29. Work Order #45, as shown on page _______, to
CC-2184-07.
30. Amendatory Order from the Florida Public Service
Commission regarding Docket No. 110312-EQ, Florida Power & Light Company.
31. PS-6865-11, Engineer Services Agreements, as
shown on page _______, for Solid Waste Management, for S2L, Incorporated
(primary) and Brown and Caldwell (secondary) as approved by the BCC on December
13, 2011.
32. Second Amendment, as shown on page _______, to
IFB-600562-09, The Middlesex Corporation.
33. Second Amendment, as shown on page _______, to
IFB-600562-09, P&S Paving, Inc.
34. Assistant Tennis Pro Agreements, as shown on
page _______, for Gregory James and Kris Sawyer.
35. Closeout, as shown on page _______, to Work
Order #3 to CC-5075-10.
36. Work Order #1, as shown on page _______, to
PS-6865-11.
37. Change Order #3, as shown on page _______, to
CC-6365-11.
38. Change Order #4, as shown on page _______, to
CC-5627-10.
43. Amendment #1, as shown on page _______, to
Work Order #1 to PS-3615-08.
39. Memorandum, as shown on page _______, to Jim
Hartmann, County Manager, from Andrew Neff, Environmental Services Director,
relating to Unauthorized Scope of Work Order #62 to PS-1529-06.
40. M-7478-11 Basic Agreement, as shown on page
_______, McElroy Engineering, LLC.
41. Bids as follows: CC-7126-11; RFP-601333-12; and RFP-601328-11.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Gary Rudolph, Utilities Manager, addressed the Board
to present a request for authorization to schedule and advertise a public hearing on March 13, 2012 at 1:30 p.m.
to consider an Ordinance amending the County's Wastewater System User Rules
(Industrial Pretreatment) set forth in Part 8, Chapter 270, Seminole County
Code.
Chairman Carey stated there was an additional sheet
(copy received and filed) delivered which contains clarification to lines 410
through 412 on page 17 of the Ordinance.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to authorize scheduling
and advertising a public hearing on
March 13, 2012 at 1:30 p.m. to consider an Ordinance amending the County's
Wastewater System User Rules (Industrial Pretreatment) set forth in Part 8,
Chapter 270, Seminole County Code, to prevent hazardous and other dangerous
discharges to the County’s wastewater system.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Joy Williams, Planning and Development Division,
addressed the Board to present the request for reduction of the Code
Enforcement Board lien for Case #08‑150‑CEB on the property located
at 2631 Azalea Drive, Longwood, Michael A. Yingling & Pamela Rae Oesch
(current owners), Bank of New York (Lis Pendens).
Ms. Williams gave a brief history of the case. She stated the Summary Judgment of
Foreclosure was filed in 2007; however, the bank did not transfer title. At that time the applicant suffered a medical
hardship and vacated the residence.
There is now a Contract for Purchase on the property. Ms. Williams explained that due to the
demonstrated medical hardship, the valid purchase contract and the efforts of
the contract purchaser, staff recommends that the Board reduce the fine to
$1,330.99 which represents the administrative cost of the case. Ms. Williams requested that the staff report
be made part of the record.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve a
reduction to the Code Enforcement Board lien from $303,000.00 to the
administrative costs of $1,330.99 for Case #08‑150‑CEB on the
property located at 2631 Azalea Drive, Longwood, Michael A. Yingling &
Pamela Rae Oesch (current owners), Bank of New York (Lis Pendens); to require
this reduced amount to be paid within 30 days or the lien will revert to its
original total amount of $303,000.00; and authorize the Chairman to execute the
Satisfaction of Lien, as shown on page _______, upon payment in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley verified with Mr. Yingling that
he can comply with the 30-day requirement for payment.
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Joy Williams, Planning and Development Division,
presented the request for reduction to the Code Enforcement Board lien for Case
#09‑119‑CEB on the property located at 153 Alhambra Avenue,
Altamonte Springs, Daniel R. Shaw.
Ms. Williams gave a brief history of the case. She stated the applicant provided
documentation of a financial hardship that began in 2009. A Final Judgment of Foreclosure was filed in
2010; however, the bank did not transfer title.
There is a Contract for Purchase on the property. Ms. Williams stated that due to the
demonstrated financial hardship, the valid purchase contract and the efforts of
the respondent, staff recommends that the Board reduce the fine to $1,275.50
which represents the administrative cost of the case. She requested that the staff report be made a
part of the record.
Upon inquiry by Commissioner Horan, Daniel Shaw
stated that he and his son have been occupying the house while the bank was
filing foreclosure and that it is currently his homestead.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Horan, to approve a
reduction to the Code Enforcement Board lien from $78,000.00 to the
administrative costs of $1,275.50 for Case #09‑119‑CEB on the
property located at 153 Alhambra Avenue, Altamonte Springs, Daniel R. Shaw
(current owner); require this reduced amount to be paid within 30 days or the
lien will revert to its original total amount of $78,000; and authorize the
Chairman to execute the Satisfaction of Lien upon payment in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S AND
STAFF’S BRIEFINGS
The Board noted, for information only, the Informational
Budget Amendment Status Report for FY 2011/2012.
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Sabrina O'Bryan, Fiscal Services, and Susan
Dietrich, Deputy County Attorney, addressed the Board to give a brief status
report on legislative issues.
Commissioner Henley advised the legislation that had
to do with mass transit that they talked about at the last meeting has been
removed. Chairman Carey stated she
received notice that the health department consideration, passing that down to
local governments, has been taken off the table.
Under old business with regard to the health
department letter of opposition, Ms. O'Bryan stated that based on the action
taken on February 21, they were recommending not moving forward with that draft
letter. She stated it would be the same
with House transportation funding, if that is agreeable with the Board. That was the recommendation from their
federal lobbyist.
Under new business, Ms. O'Bryan stated there is an
amendment that is being proposed by the Florida Association of Counties that
they received this morning in regards to Medicaid billing. She stated that Fiscal Services would like
some additional time to work with Community Services along with the County
Attorney's Office to get their arms around the proposal. She stated there might be some concerns based
on the dialogue with the County Attorney's Office, Community Services and
Fiscal. She explained the
legislation. Ms. O'Bryan stated they can
report back in writing and then do a verbal report during the budget work
session on March 6.
Ms. Dietrich updated the Board with regard to reauthorization
of the Seminole County Expressway Authority and stated it is moving along in
the Senate. She explained that it was
added by Senator Simmons as an amendment to SB 1866 and will be heard
today. The same scenario will happen in
the House and the expressway authority reauthorization language will be amended
to the House transportation bill to make both bills identical and conform.
Ms. O'Bryan stated they are working with the State
lobbyist, Shutts and Bowen, to have them attend the March 27 BCC meeting to do
a legislative wrap-up.
With regard to the Board's past discussions about
going to Tallahassee, Chairman Carey stated she spoke with Mr. Brantley
and he said things are moving so fast and furious right now in Tallahassee that
unless there is some real need to come, it wouldn't be very effective. She stated Mr. Brantley thought it may be
better for the Commissioners to try and see the legislators when they are home
for the weekends. Chairman Carey
suggested if any of the Commissioners want to go Tallahassee, they should contact
Mr. Brantley to see what appointments they could get. The Board could get together a list of
prioritized projects that they want to focus on.
Discussion ensued with regard to working with other
counties.
Chairman Carey stated she would like to get from
each of the Commissioners one or two things that they still think are critical,
and they can put those in a letter specifically to the Governor because he is
not afraid to use the power of his veto.
Commissioner Henley stated it would be helpful if
the Governor and others would be alert to the fact that every time they take
money out of the Transportation Trust Fund, which creates jobs, MetroPlan has
to push projects further back. He also
would like for the Chairman to inquire of Mr. Brantley as to whether or
not he has heard anything about moving SunRail into a super agency with the
Expressway Authority which, as a Board, they should violently oppose since they
will be funding SunRail after seven years of operation by the State. He does not want them to have to fund
something that somebody else controls.
Chairman Carey stated it is her understanding, regarding the Super
Transportation Authority Board that has been discussed, that there would be
representation from the partners in the region; so Seminole County would be
represented on that board. Discussion
ensued.
Commissioner Horan stated the problem they have
right now is trying to figure out exactly what the Legislature is going to do
on some of these other issues. He stated
they have to trust their lobbyist to be able to communicate with them. He suggested they all keep their e-mails and
cell phones open on March 7, 8 and 9 for phone calls in order to give direction
to their lobbyist. Commissioner Horan
stated he does not see a real need for any Commissioner to go to
Tallahassee.
Chairman Carey stated that staff is in discussion
with the lobbyist every day and she gets an e-mail or a conversation update
every day on what is going on. She
requested the Commissioners jot down the issues they would like to bring to the
Governor's attention and stated they will put those issues into a letter to the
Governor. Upon inquiry by Commissioner
Horan, Ms. O'Bryan updated the Board with regard to the septic tank issue, HB
999, and stated the bill was moving through committee. She stated there is support for repealing
last year's bill.
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Joe Abel, Leisure Services Director, addressed the
Board to follow up on the BCC's January 24 discussion regarding Big Tree
Park. Mr. Abel reviewed his February 17,
2012 memorandum (copy contained in agenda backup). With regard to security, Mr. Abel recommended
moving forward with the installation of the 8-foot ornamental fence around the
two trees and moving forward with the installation of a 6-foot chain link fence
to enclose the remainder of the property.
He requested Board direction with regard to security cameras.
Chairman Carey stated if they secure the perimeter
and put up the ornamental fencing, they will have taken care of the problem. She stated she is not in support of doing
security cameras. She asked if anyone
else on the Board was interested in security cameras. No
support was voiced.
Mr. Abel updated the Board on what has been removed
from the remains of "The Senator."
He discussed the problems in removing the larger pieces. He stated they have spoken with a company
that works with the State Forestry Division and advised their best estimate was
between $20,000.00 and $25,000.00. He
explained that another option would be for their staff to go in and cut the
remains of the tree into manageable portions and remove those as best they can
with minimal damage and minimal cost. He
stated that in discussing this with some people who have portable saw mills
that could go in and cut from an artistic perspective, there would still be a
significant cost associated with that, around $15,000.00.
Discussion ensued with regard to what staff and
volunteer groups could manageably remove.
Mr. Abel stated he would hope they could get some pieces out of the park
as long as 20 feet but he doesn't know about beyond that.
Chairman Carey stated she still does not believe
they have a clear understanding of what opportunities are available and thinks
they should put out a Request for Information to the art community so folks
could tell the County what they would like to do. Then they can clearly understand what all of
the options are. She stated she believes
cutting the remains to a manageable size and taking them out by hand is
probably the best way to do it and thinks they could do that through volunteer
groups. Chairman Carey stated she hopes
staff has an RFI drafted which can be put out.
Within 30 days, people ought to be able to respond back.
Upon inquiry by Commissioner Dallari regarding using
a multi-terrain vehicle without hurting the environment, Mr. Abel stated there
is an area they could go in and get close to the tree but there would still be
tree removal. Mr. Abel stated in most of
the cases where they use those types of pieces of equipment, they are not
traversing around major trees or through a forested area. They will still have to remove some trees and
make a path for whatever type of machine that would go back into the area. They have the ability on one side to get
close to the area, and they would probably drag some of the larger pieces out
with some success. He stated he just
doesn't know if they can do it with a 90-foot piece.
Upon inquiry by Commissioner Dallari, Mr. Abel
stated while he has not spoken to a rigger, he has spoken to a person who does
logging for the State Forestry Division.
Commissioner Dallari stated there is a difference between a logger and a
rigger.
Commissioner Horan discussed the logistical problems
with regard to removing the remaining pieces of the tree. He stated he believes it would be tough to
take a piece of construction equipment in there and thinks they would do some
damage to that area. Commissioner Horan
stated he believes they need some concrete options at this point to be able to
make some decisions.
Chairman Carey stated they need to figure out what
they are going to do with the remains.
If they are not going to do anything, they can let the remains lay there
and rot. If they are going to do
something with the remains and the artist community comes back and says they
would like a piece 15 feet long and here is what they can make with it, then
maybe it is their responsibility to work with the County to get the piece out
of there.
Mr. Abel asked if, from the County's perspective,
they are looking at creating art work that they will do something with, if they
are looking at opportunities for people to do some art work, if they are willing
to pay an artist to do work for them that the County would benefit from, or if
they are willing to allow professional artists to come into the area and take the
wood out. He described some
conversations he has had with people who say they can cut the wood to make art
work.
Upon inquiry by Chairman Carey, Mr. Abel stated he
has not yet checked with the Smithsonian Institute. Chairman Carey requested that staff check
with the Smithsonian Institute to see if they want to have a piece of the
tree. She stated she thinks the State
museum would like to have a piece and they need to find out what they would
like to have. Seminole County should
have a piece in their museum, and there should be something done at the site that
memorializes the tree. She advised there
has been one request from the college to have a piece to be used
ceremoniously.
Chairman Carey stated they need to reach out to the
art industry to get some ideas but she wants to know the main places they want
to take it beforehand to memorialize the importance of this tree and the role
Seminole County has in it. She stated
staff needs to take care of that right away.
Commissioner Van Der Weide stated they still have
the Lady Liberty. He stated they are
talking about money here, and they don't have a whole lot of it; so he is not
sure how much money they want to spend.
He thinks they need to be careful here.
Commissioner Henley stated he is not willing to
support anything other than securing the area until they know exactly what they
want to do with the remains, because they are talking about not only costs but
damage to the area to get it out of there.
They don't know where they will store it once they get it out. Commissioner Henley stated he thinks there
are too many unknowns in talking about spending money here other than securing
the area and then putting out a Request for Information for proposals from the
community or anybody else who wants to submit one. They need to get that done first and find out
what people want to do; and then the Board can make some decisions. It may be more costly and do more damage than
it is worth to try to get the remains out.
He stated they won't know that until they get some concrete suggestions
from people who are interested in making use of parts of the tree.
Chairman Carey requested that staff get those
questions answered and stated she thought staff was already working on those. Mr. Abel stated staff has been working on
this and has talked to a lot of people.
He stated the issue that keeps coming back is are they willing to pay an
artesian to do the work and let them have the art or are they interested in
paying for the tree to be removed. Chairman
Carey stated the discussion the Board had in the past about any revenue was that
it was in order to create a memorial to maintain this park. She does not think anybody is interested in
spending a lot of money until they know what they will do. They clearly want to protect the assets that
they have.
Mr. Abel stated he will be meeting with several
representatives from the college today to look at some of the pieces of wood
that have already been taken out. He
stated if it is the consensus of the Board to make a piece available to the
college, they could do that.
Commissioner Henley stated he would not want to make a 100-foot piece
available. Chairman Carey stated that
the piece would be out of small pieces that have already been taken out. She stated she does not believe anybody would
have a problem with that. She stated
they need to know what they are doing themselves.
Commissioner Henley stated it would be easier to
give direction if there were some pictures of the sizes of the pieces that they
are talking about making available for these types of projects. Commissioner Dallari stated that the Board
does not have enough information. He
stated they need to see the full, overall packet. He agrees that photographs would be great. He requested that staff put together a full
plan from soup to nuts of what staff believes could be done and what the
associated costs are for the Board to look at so they can understand the full
ramifications of what their actions will do.
Commissioner Henley stated the main question is does
the Board want the site secured and then give direction to do that. Chairman Carey stated they could temporarily
secure the boundary in case they need to open it back up.
Chairman Carey stated what she is hearing from the
other Board members is to keep the area secured, temporarily fence across the
openings until they figure out exactly what they are doing, and then bring back
a full plan. She stated staff should
make sure they reach out to the museums they just spoke about as a first
priority.
Commissioner Horan stated he does not see a problem
in keeping the park closed while they are trying to secure the site; however,
he would not be averse to having select groups, school children, come and see
what happens when there is a fire and the remains. He stated it looks like this was not
necessarily a natural fire so they may have a security problem and they need to
secure the site. In terms of direction,
Commissioner Horan stated staff should assume all options will be considered
and come to the Board with a plan. Prioritize
the options and the Board will tell staff which ones they like or which ones
they don't like.
Chairman Carey directed staff to send out an RFI and
to contact the museums. When staff gets
the information, they can put it back on the agenda. Chairman Carey reminded everyone that this is
time sensitive.
CHAIRMAN’S
REPORT
Chairman Carey stated that in light
of some of the things going on, she really would like for the County to move
quickly toward getting some policies and procedures in place so the County can
move toward the collection of payments through credit or debit cards and stop
taking cash. They are going to e-permitting and lots of other things
that will require them to be able to have that available. She knows that they do take credit cards in
some areas. Some of those procedures may
not be being followed and need to be tightened.
She stated that clearly for a countywide effort, they need policies and
procedures in place and that the Clerk has some strong policies and procedures
in place for her departments that take credit cards. Chairman Carey stated she wants to know if
this is the consensus of the Board so they can give the County Manager clear
direction.
Mr. Hartmann stated they are
working on that and have had some discussions with the Clerk's Office who has raised
some concerns, which he is in agreement with.
He stated he thinks they can finalize a policy on a pretty short basis.
Chairman Carey stated she would
think the goal would be to get all departments into taking credit or debit
cards and not handling cash.
Upon inquiry by Commissioner
Dallari as to how long it will take to get the policies to the Board, Mr.
Hartmann explained they have some draft policies and are improving on the
security plan right now. That should be
done by the end of the week. He stated
they have a case at hand that makes it even more critical to catch up on this
and institute this throughout the County.
He stated the Clerk does have some concerns.
Commissioner Van Der Weide stated they
have discussed this issue in the past, and the Clerk always came up with some
very valid reasons, that there were certain aspects of the County where they
couldn't use it because it could be more costly.
At Commissioner Van Der Weide’s
request, Maryanne Morse, Clerk of the Court, addressed the Board to state that
there are several major obstacles. She
stated number one, there is no security policy in place by the County. She explained the e-mails that were being compromised back in
May were caused by the same employee who was giving out both their log-in and
their password to the County computer.
There is no oversight going on in individual departments. She stated she is not pointing her finger at
anybody, that it is just a fact of life.
There are very few internal controls.
When there is an individual able to collect the money and make the bank
deposit, there is a problem. Ms. Morse stated that in the areas of the County
where they do have credit cards, they are not balancing. She explained you have to be able to reconcile
both incoming debit card and credit card payments; and if you don't do that,
you will have a potential problem.
Upon inquiry by Commissioner Van
Der Weide, Ms. Morse stated there will be fees.
There will be a higher fee for doing a Point of Sale than something over
the Internet. She explained how charge-backs
work.
Ms. Morse stated the County needs
some oversight within their departments across the board and some checks-and-balances
going on, which are now non-existent or so weak that nobody pays any attention
to them. They need to make sure that the
accounts that are currently accepting credit or debit cards are, in fact,
balancing out on a daily basis. She
stated they will have to question whether or not they can absolutely refuse to
take cash because cash is legal tender in the country and the minute you say
you will not take cash, you are probably opening yourself up to Pandora's Box.
Chairman Carey stated those are
questions that need to get resolved, and she knows that their management team
and the Clerk's team are working together to try and resolve the issues and to
get stronger policies and security in place for the departments where they take
credit cards.
Commissioner Henley stated that Ms.
Morse has experience with credit cards and a lot of the internal controls and
oversight. He asked Ms. Morse how much
of that is transferable into the areas where they are interested in accepting
credit cards; and if they can get those controls in place, is it doable and is
she willing to assume that?
Ms. Morse stated she thinks it is
doable. She thinks the County would need
to make some significant changes, not just in policy but in training their
people. She stated what she has found,
unfortunately, is if somebody is bound and determined to steal, they steal; and
that is the case that the County just went through. She explained that nobody bothered to look at
the personnel file. She advised that this
individual should never have been handling cash because she was already
convicted of grand theft in a prior situation.
Ms. Morse stated that there are controls in place but they are not being
enforced.
Commissioner Henley stated he
appreciated the information Ms. Morse has shared and he thinks she has raised
some very good points. He stated that
some of them have recognized for some time that they need stronger oversight
and enforcement of the policies that they have in place now. Commissioner Henley described the
conversation he had with the County Manager concerning oversight and stated he
hopes Ms. Morse and the County Manager can work together and come up with
policies, procedures, control, and oversight.
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Chairman
Carey stated she has requested that the County Manager have staff prepare a
list of all of the software that they have currently by department including
the purpose and the associated annual cost.
She thinks they have a lot of software that is not being used as it
could be. She stated they are paying a
lot of money for annual renewals and nobody has looked at it holistically. She confirmed with the County Manager that
that information will be available next week.
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Chairman Carey stated she attended
one of the town hall meetings that the Seminole County School Board hosted. She stated it was not as heavily attended as
some of the early ones.
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With regard to the list of software
being provided by Mr. Hartmann, Commissioner Dallari requested the list also
include what the programs are used for and how many users are on each one of
them. Mr. Hartmann stated he was also
interested in the age of the programs as well and what kind of updates have
been done.
Chairman Carey stated that any time
there is software that people are not familiar with, they tend not to use it;
so the proper training is an important factor for people to be able to utilize
what they have. If people are not
capable of that, then maybe they don't have the right people.
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Chairman Carey thanked Erin
Maciejewski, all of the SGTV staff and everyone involved with the Seminole
County State of the County. She advised
that a link should be available later this week or next week. She thanked the Commissioners for participating
in the videos and for their support.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Dallari discussed Horseshoe Lake and explained half of the lake is on the
unincorporated side of Seminole County and the other half is on the
incorporated side by Oviedo. He stated
there is a process of trying to solicit the residents that live along the lake
to see if they would like to do a MSBU for aquatic weed control. He explained the current policy is to allow
four weeks for them to get the actual vote process done. Since the lake is in two different
jurisdictions, there is some confusion; and he would like to extend the time
period for an additional four weeks. He
does not want to change the rules for how many votes they actually need but wants
to extend the time to allow the residents the proper time so they can all be
properly informed and can make a valid decision.
Motion by
Commissioner Dallari, seconded by Commissioner Van Der Weide, to extend the
period of time for the Horseshoe Lake MSBU vote process for an additional four
weeks to allow the residents to canvas the area to try and get the vote out.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Commissioner Dallari stated he has been
working with staff and the staff from Orange County with regard to the East
Central Florida Trail Connector. The
Opportunity Statement-East Central Florida Trail Connection memo (copy received
and filed) was distributed. He stated
they are actually trying to look at existing trails and existing unimproved
roadways to see about putting in a trail on the east side of the County. He stated he is asking to give staff
direction to work with the neighboring county, Orange County, and work with the
neighborhood and citizens to bring something back at a later date, if there is
an opportunity. At this time he is not
asking to spend any money but is asking for staff to work with GIS to find out
what pieces are needed so there could be a trail on the east side of the County.
Commissioner Henley stated it seems
like there was a joint committee or commission under Myregion.org to look at
the connectivity of conservation areas.
He asked Commissioner Dallari if he had seen any results from that
committee.
Commissioner Dallari stated he has
seen some information but he thinks this will take it to the next level. There are certain pieces that the State owns
or are privately owned. He stated they
are not asking for funds to be spent but only to try to put together a general
scheme so that in the future the two staffs and the two neighboring counties
can work together to understand how it all fits together.
Chairman Carey advised that there
is another request from the Sea to River Trail that just opened in Volusia
County which has a couple of missing pieces in Seminole County. She stated there are a couple of things they
would like staff to look at in addition.
Commissioner Dallari stated he has
been working with Brett Blackadar and thanked him for his hard work. He stated in order to put the information
together, they have to allow staff the ability to work with the residents as
well as the surrounding counties.
Commissioner Henley stated he does
not have a problem with the request.
Chairman Carey stated she would
like staff to look at both of the projects.
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Commissioner Dallari stated that
there are various issues (software programs, On-Base, SharePoint, Jetta Point,
various locations for a park, paper-to-electronic) that they have been bringing
up over the past year. He stated he
would like to know when these issues will start coming to fruition, either
saying it can be done or it can't be done.
He stated he wants to understand how to get the list to a more
manageable level.
Chairman Carey advised there are a
number of workshops that have been scheduled and stated some of those will
address the park issues. Chairman Carey
suggested that Commissioner Dallari share his list with the County Manager and
get dates for when some of these things will be resolved.
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Commissioner Horan stated he has
e-mailed some material he picked up at a meeting of the Developers Council of
the Home Builders Association regarding a presentation on the recent housing
demand and housing market to the Commissioners and recommended the material to
everyone for review.
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Motion by
Commissioner Van Der Weide, seconded by Commissioner Horan, to adopt appropriate
Resolution #2012-R-62, as shown on page _______, of Appreciation for Ross
Pagano for his past service on the Library Advisory Board.
Districts 1, 2, 3, 4 and 5 voted
AYE.
COUNTY
MANAGER’S REPORT
Mr.
Hartmann distributed the Work Sessions list (copy received and filed) and advised
if the Commissioners see something on there or not on there that they are
interested in, let him know.
COUNTY
ATTORNEY’S REPORT
Mr.
Applegate reminded the Board that oral arguments in the Eleventh Circuit
regarding the Internet Cafe case will be on March 7.
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Chairman
Carey reminded everyone that there is a work session upstairs immediately
following the meeting.
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With
regard to the April 3 Joint Work Session with the School Board, Commissioner
Henley asked if they knew what the purpose or agenda is for that meeting. Chairman Carey stated the Work Session is to
follow up on some of the joint things they think they can do and the cost and
cost savings. There were no numbers provided
the last time they met.
Commissioner Horan stated they
specifically asked them for a plan on the debt service.
Upon inquiry by Commissioner
Dallari, Mr. Hartmann stated staff is still working on a couple of joint
service opportunities and building the business models for that. He stated he has not seen the end product for
that but understands that it should be out fairly soon. He stated they will share that information as
they get it. Mr. Hartmann stated the
Board had wanted them to come back and to present those items where they can
have some opportunities for saving.
Chairman Carey stated they will
probably get the debt service information from the School Board; however, in
how they jointly work together, it is not their job to tell the School Board
how to deal with their debt. She
explained that in the workshops with the School Board, she wants them to focus
on the things where they can make a difference, to try and help by either offsetting
costs to the County and paying them to help offset their costs or jointly
working together to do things, but not to try to tell them how to do their
business.
Commissioner Dallari asked if they
have asked the County's financial advisors to meet with the School Board's
financial advisors so they can work on other aspects. He stated he thinks that would be
appropriate. Commissioner Horan advised
he does not intend to take over the operations of the School Board but stated the
reason they specifically asked for that information was because one of cost
cutting things was to go ahead and restructure their debt.
Chairman Carey stated she knows
that PFM was doing some analysis for them as to how to restructure their
debt. Those are decisions that the School
Board will have to make and they can't be forced to do something. They need to try to work together in ways
where they can make a difference. Commissioner
Van Der Weide stated he does not see the BCC as having a vote in the issue.
Commissioner Henley stated he spoke
to Mr. Pavelchak and the School Board has a plan that is workable, doable
and ready.
Chairman Carey requested that staff
ask Mr. Pavelchak to send over any information that he has that was requested
at the workshop.
Upon inquiry by Commissioner Horan
with regard to information from the School Board about the Geneva Elementary
School roof grant, Mr. Hartmann stated he will get an update for the
Board. Commissioner Horan stated he has
asked for a roof condition report.
ITEMS FOR
FUTURE AGENDA
John
Casselberry, 700 South Lost Lake Lane, addressed the Board to discuss
annexation in Casselberry. He stated
that a lot of what Casselberry is talking about is based on utility agreements
where a County resident wants utility services and the city asks them to sign
an agreement that if the city grows out that far, they will annex at that
point. Mr. Casselberry stated if the
County utilities were there, the residents would be talking with the County. He discussed County enclaves. He stated it is a situation where a minority
of County residents by not annexing could block a majority of people that want
to annex into the city and stated he wouldn't be so harsh on the city about
that since they are trying to survive in a tough market.
Mr. Casselberry stated other than
driving by Big Tree Park after the fire, he had not been to the park since the
mid-90's. He was surprised that there
were very few cypress knees around the tree and believes it is because the path
around the tree was compacted down. He
thanked the Board for getting the saplings to save some of the tree. He recommended that the Board not do anything
to change what exists there other than making it secure.
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Diana Evans, 1471 Southwind Drive,
stated that she has two requests. She
stated the first request is she would like discussion on moving the meetings to
the evening so people can attend. She
suggested they might discuss this right now or discuss it at the next
meeting.
Ms. Evans requested an opportunity
to appear before the Board with a presentation, along with some experts, on
Agenda 21. She stated that many people
believe there is a need to educate their representatives who serve regarding
Agenda 21. They have made some individual
efforts but believe it is urgent enough that they speak to the Board in public
on the record. She reviewed what Agenda
21 covers and discussed implementation.
Ms. Evans stated they can shrink their presentation into 20 to 30
minutes and thinks it is important that everybody be educated on this.
Commissioner Henley stated, with
regard to Agenda 21, he first became exposed to that some three or four years
ago. It is an area of concern and all
citizens need to be aware of it. He
stated there are a number of things going on now that parallel what the Agenda
21 issue is all about. People do need to
know more about it in order to safeguard the liberties that they have. If someone hasn't read it, he thinks it would
be important to be familiar with it.
Commissioner Henley stated he does not have any objections to giving Ms.
Evans some time. Presentations are
limited to 15 minutes.
With regard to night meetings,
Commissioner Henley stated the Board had night meetings for years and cut them
out because they couldn't get many people to show up unless there was a particular
issue. Right now if there is a
particular issue of major concern, there can be a night meeting established for
that. Since they have cut out the night
meetings, they have instituted a live broadcast over television so the meetings
can be seen anywhere in the world on a computer. He stated he does not believe it is a wise
use of staff time to expect them to work all day and then sit three or four
hours at night. If there is a special
issue, a night meeting can be requested.
Chairman Carey stated if there is a
request by the district commissioner, they could have a night meeting.
Commissioner Van Der Weide stated
they used to have meetings until 3:00 in the morning. He stated he is not against citizens making a
presentation relative to some of their concerns but doesn't think they can give
30 minutes. He stated if they grant some
of these people the opportunity to make presentations to the Commission and
they go out over the television network, it may do some good.
Chairman Carey stated as much as
she agrees with many of the comments that have made here about Agenda 21, she
believes for those interested in those things, they know about them. Other people may not. However, there are always three sides to
every story. She stated if they start
using SGTV for broadcasting one side or the other, they will have to give the
other side equal time; and that has not been the policy of this Board.
Commissioner Van Der Weide stated
he is not against hearing from three or four sides. Commissioner Dallari stated information is
good.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 11:35 a.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
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