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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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:
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
Chairman Carey reminded everyone that there is a work session upstairs immediately following the meeting.
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.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:35 a.m., this same date.