BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
APRIL 24, 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, April 24, 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
County Manager James Hartmann
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Deputy Clerk Terri Porter
Pastor Billy Dye, Pinecrest Baptist Church, Sanford, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt appropriate Resolution #2012-R-79, as shown on page _______, recognizing Maggie Ketcham for 26 years of dedication and service to Seminole County Government and its citizens, upon her retirement from the Public Safety Department on May 1, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Maggie Ketcham, who addressed the Board to express her appreciation.
Dan O’Keefe, Moore Stephens Lovelace, and Jenny Spencer, County Finance Director, addressed the Board to present the Comprehensive Annual Financial Report (received and filed). Mr. O’Keefe displayed a PowerPoint Presentation (copy received and filed) and reviewed topics relating to Required Communications; Services and Deliverables; Other Reports including a Compliance and Internal Control Report; Management Responsibilities, Auditor Responsibilities; Internal Controls; Compliance; Communication of Significant Matters; Risk-Based Audit Approach; Accounting and Auditing Items; Management Representations; Assigned Individuals; and Audit Schedule.
Mr. O’Keefe summarized the Financial Analysis relating to Reporting Units and Top Level Analysis. He stated the County has total assets of approximately $1.4 billion and total liabilities of $205 million. He continued his presentation and reviewed the Fund Financial Statements; General Fund; and General Fund Budget. He reviewed the Proprietary Funds and stated those funds are in really good shape.
With regard to Comparative Data, Mr. O’Keefe discussed Population; General Fund Unassigned Fund Balance as a Percent of General Fund Expenditures and Transfers Out; Per Capita Governmental Revenues; Per Capita Governmental Expenditures; Per Capita Governmental Debt; Millage Rate; and Per Capita Taxable Property Value. He stated in his opinion, based on the counties that he sees, Seminole County is fiscally sound and certainly compares very well to other counties throughout the state. He concluded his presentation by reviewing Proprietary Fund Unrestricted Net Assets as a Percent of Total Operating Expenses.
Commissioner Henley stated he believes Mr. O'Keefe did a good job and he appreciated the comparisons. Commissioner Dallari thanked Mr. O'Keefe and stated he believes the comparisons paint a very nice picture and are a good way for the County to look at how they are doing. He also thanked the Clerk, Maryanne Morse, and her staff.
Chairman Carey stated the County's strong reserve did not just happen and advised they have worked very hard over the last four or five years to make sure there is structural balance in the County so they can sustain the economic downturn. Based on the early budget workshops they have already had going into the upcoming budget, she believes staff understands they intend to stay very structurally sound. She thanked Mr. O'Keefe for his great work and thanked Ms. Morse for the assistance from her department and the County's Finance Department.
Commissioner Horan asked Mr. O'Keefe if his financial statement is showing that the County, through operational efficiencies of this government, was actually able to increase the reserve funds. Mr. O'Keefe explained that what Commissioner Horan stated was a part of it but that there were some projects that were scheduled to be done that were not done and were pushed into the next fiscal year. He advised that part of that assigned amount under fund balance would include those types of projects.
Upon inquiry by Commissioner Horan, Mr. O'Keefe stated if they look at the details of the budget, they will see several line items that are big favorable variances which would be where those capital projects are. If they look at all of the operations, individual operating line items, there is a favorable budget in virtually everything. That is showing that department heads are trying to spend diligently and there are some operational efficiencies built in.
Commissioner Horan stated the other thing of interest to him is the Enterprise Fund reserves as compared to the operating expenses. He asked Mr. O'Keefe if that would indicate that they could look at rate relief. Mr. O'Keefe stated that would be a decision of the Commission and certainly not one that he would advise on one way or the other.
Commissioner Horan stated if they are looking at increases in water rates because of operations and capital needs but are not taking into consideration that there is already cash in the Enterprise Fund, shouldn't that cash in the fund be taken into consideration in setting those rates. Mr. O'Keefe explained how bond covenants drive water and sewer rates.
With regard to Solid Waste, Commissioner Horan stated there is very little debt; and they have enough in an unrestricted reserve fund that they could actually operate the Solid Waste Department without charging anybody anything for a whole year.
Mr. O'Keefe stated that in that fund, they would need to look at what, if any, are the restrictions on that unrestricted amount.
Chairman Carey stated that in their budget discussions, Lisa Spriggs, Fiscal Services Director, has talked about the reserve that they have in Solid Waste and is looking at possibly reducing that and what could be done with it. They were going back to look at what the restrictions are and look at the need to be able to close the landfill.
Commissioner Horan stated he is suggesting that in the workshop they look at the operational Enterprise from the viewpoint of how much it will cost to operate the system based on present operating costs and also what the capital needs are in the future. The Enterprise Fund itself already has this money in it, and he thinks they need to keep that in consideration during the work sessions, how much money is already in the Enterprise, before they start setting rates.
Chairman Carey stated she thinks they look at that every time. She advised it has already been discussed for them to look at the reserve in the Solid Waste Enterprise. She stated she knows that staff was going to look at what legally they need to restrict and what potentially could be relieved. She stated they will get into that discussion when they get into their budget workshops.
Commissioner Henley asked Mr. O'Keefe if it is true that the solid reserves that they have plus the low millage is why they have the bond rating that they have. Mr. O'Keefe advised that the Water and Sewer Fund is certainly a strong fund and he is sure the rating agencies love to look at that. Further discussion ensued with regard to the County's bond rating.
Commissioner Horan stated that the important aspect in looking at the financial statement is that it actually shows they can go ahead and do repairs and enhancements to systems without borrowing money. He explained if it makes sense to borrow the money because the rates are low, that is fine too. What he sees in the financial statement is that they are so healthy, where other entities may have to borrow money, they probably would not.
Chairman Carey stated they have had discussions about how Solid Waste gets hit very hard during hurricanes and discussions about the switch over to the P25 system and whether they borrow the $25 million or self-fund. Those are all discussions they will have.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt Proclamation, as shown on page _______, proclaiming the week of May 5th through May 13th as “National Travel and Tourism Week in Seminole County.”
Districts 1, 2, 3, 4 and 5 voted AYE.
The Proclamation was presented to Sharon Sears, Director of Tourist Development, who addressed the Board to thank the Commission, on behalf of the Division of Tourism, for their support throughout the year. She stated that they are continuing to grow with the partnership of hotels and attractions and appreciates the support of the Commissioners, the County Manager and the County Attorney to do so.
Mira Tanna, Community Legal Services of Mid-Florida, addressed the Board to state she is the program manager for Fair Lending and Mortgage Rescue Scam. Ms. Tanna stated she is speaking about Item #7, Analysis of Impediments to Fair Housing; and she advised that April is “Fair Housing Month.” She explained how local governments are affected by Fair Housing and described some of the local jurisdictions’ requirements. She encouraged the Board to have a strong Analysis of Impediment study and stated the County could come to her organization if they need technical support. Ms. Tanna advised there is a conference on Thursday which covers issues of local government and housing. Registration information for “One Community, Many Faces, a Regional Fair Housing Summit,” was received and filed.
Chairman Carey stated that the study that Ms. Tanna was speaking about is the County’s study regarding Fair Housing. She stated that a lot of the things that Ms. Tanna spoke about are things that have happened in other communities but their report indicates they don’t have that issue going on in Seminole County.
R.T. Hillery, Florida SPECS, Inc., addressed the Board to state
he appreciates what the County has been doing this past year in bringing in a
new County Manager, new County Attorney and new Community Services Director and
stated they are doing a great job in looking at fair and affordable housing in
Speaker Request Forms from Mira Tanna and R.T. Hillery were received and filed.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, addressed the Board to advise that regarding Consent Agenda Item #19, Settlement Agreement with Hills of Lake Mary Home Owner’s Association, they have changed the dollar figure from $4,092.50 to $4,902.50. He stated there is an add-on item to the Regular Agenda, Item #23A, Request for Entertainment Permit for the Orlando Philharmonic Orchestra concert at The Springs. Mr. Hartmann stated at the conclusion of the Homeless Services Plan work session today, he will give the Commission an update on the Yankee Lake Baseball Field.
With regard to Item #12, Grant Funds for the Purchase of Conservation Toolkits for Citizens, Chairman Carey asked if staff had considered other things, such as a trailer or some mobile unit that they could take into the communities to do outreach, or things that they can do in their own facilities that would help reduce their overall costs which, in fact, would have a benefit to the citizens because it would reduce their expenses.
Meloney Lung, Director of Central Services, addressed the Board to state the grant was originally for $3 million, and they did quite a few large projects with the funds. The remaining $145,000 was captured from efficiencies from the projects. When they contacted the Department of Energy, the Department requested that the County do an outreach to the community and affect the community in Seminole County. This was one of the ways they felt they could do that. Ms. Lung stated the consultant from Kimberly Horn is present and can talk about the grant criteria.
Martin Black, Kimberly Horn & Associates, addressed the Board to state the Department of Energy requires the funds be obligated prior to the beginning of this summer. In order to meet that requirement (because in effect these are dollars that remain from the efficiencies from the prior program cost expenditures and improvements), they had to identify a program that the Department of Energy would accept and that could be accomplished within the purchasing guidelines to have the funds obligated and expended prior to the summer. Other elements that would require bidding or construction documents would not allow the funds to be expended within the grant constraints.
Upon inquiry by Chairman Carey, Mr. Black stated the design of the energy saving kits actually model some of the existing programs that the County already implements through Environmental Services for water conservation. He stated they added elements relative to lighting and educational elements to match the component through Community Services and Environmental Services. Existing staff would be able to go out in the community and meet the education obligations. The Department of Energy, through its programs, has recognized that the County has spent the majority of the funds internally and looked for particular program elements that would directly benefit residents.
Upon inquiry by Chairman Carey with regard to options when they get ready to go out to the market to see what the kits look like, Mr. Black stated they have looked at several options. He stated there are a variety of vendors and they expect multiple bidders. They have matched the elements of the kits to include both the energy conservation that the Department of Energy required and the lighting components and water saving mechanisms that match existing County program elements.
Commissioner Horan explained this is $3 million that the County got in stimulus funds from the Federal Government to perform certain projects. The County was so efficient in using the money that they had $145,000 left over. The Federal Government doesn't allow the money to be given back, and they have certain restrictions on what the $145,000 can be used for. He stated staff has figured out a way to provide a benefit to the citizens and advised that not one penny of County money was used.
With regard to Item #18, Entertainment Service Agreements to provide Children’s Programs at the Libraries, Chairman Carey asked if the County does a background check on the people that they are putting into library services. She stated she noticed there were no certifications in the backup documentation and she didn't see anything in the contracts that said the County required them to provide that information. She stated that she would like to clarify at what point the County is getting the insurance certificates because it isn't indicated in the contract.
Christine Patten, Library Services Manager, addressed the Board to state the County does ask for insurance certificates for all of the contracts and they must be supplied ahead of their performance. Ms. Patten stated at this time they have two of the certificates in hand and one will be available in May.
Upon inquiry by Chairman Carey regarding the background checks, Ms. Patten explained that a year ago they spoke to the County Attorney's Office and looked at the whole background check issue. Because these are public performances and the performers are not in direct contact with children and it is never a one-on-one situation, a background check is not required under any law.
Chairman Carey stated there was a different County Attorney at that time; and for the minimal amount of cost for having background checks done, she believes it should be something that the County requires the vendor to provide, to say they have met all of the rules in the Jessica Lunsford Act and those types of things, before the County puts them in a room with the children. She believes it is important that they know that they are not potentially putting the children in harm’s way.
Bryant Applegate, County Attorney, addressed the Board to state one of the things his office is doing right now and has been in the process of doing over the last four or five weeks is looking at policies on background checks for all County employees, potential employees, and vendors. Mr. Applegate advised Florida Statutes allow a county to require a background check on a vendor. He stated his office is looking at that and will have either a policy and/or an ordinance for the Board's consideration sometime in the near future. Mr. Applegate stated staff has informed him that all of the vendors in this case have been fingerprinted.
Ms. Patten stated all of the vendors have been fingerprinted by Seminole County in past years. She stated the Jessica Lunsford Act does not appear to apply to libraries. They do appear to be under Statute 943.0451 which states they would have to do a check of the FDLE registry, which they have done for all of these vendors. Ms. Patten stated if the Board would like staff to have all of the vendors fingerprinted, as they did in previous years, that is not a problem. Discussion ensued with regard to the FDLE background check and the kind of background check required by the Jessica Lunsford Act.
Commissioner Horan stated he believes when there is any entity connected with the County that is not subject to the Jessica Lunsford Act, the Board should adopt a policy that not only complies with the law but gives people some comfort level that there is a policy in place. Chairman Carey stated she believes a policy is important because they also have employees that interact with children. She stated they should put in a policy what the process is, whether it be a vendor or employee.
Commissioner Van Der Weide stated there are loopholes in submitting fingerprints to FDLE and suggested it needs to be a national search. He stated those things need to be taken into consideration.
Chairman Carey stated that should probably be a part of their policy because there are a lot of people moving in and out of Florida. She stated she just wanted to confirm the vendors had been checked on this particular item.
Chairman Carey stated, based on the discussion, there is clear direction that the Board wants to see a policy that also includes vendors.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to authorize and approve the following:
County Manager’s Office
Purchasing & Contracts Division
4. Approve Change Order #1, as shown on page _______, to CC-7012-11/AMM, Demand Control Retrofits for Central Branch Library, CJC, and the Health Department with Precision Automation, Inc. of New Smyrna Beach, Florida, in the amount of $17,950; and authorize the Purchasing & Contracts Division to execute the Change Order.
5. Approve Proprietary Source Procurement SS-601388-12/BJC for the Maintenance and Support of the Chameleon Software with HLP, Inc., Lakewood, CO; and authorize the Purchasing and Contracts Division to issue Purchase Orders on an as-needed basis.
6. Approve the Substantial Amendment to the 2010-2015 Consolidated Plan and the 2011-2012 One-Year Action Plan and authorize the Chairman to execute the Standard Form 424, as shown on page _______, with accompanying Certifications to apply for Emergency Solutions Grants Program funding in the amount of $48,306, and authorize the County Manager to execute the corresponding ESG Grant Agreement with the U.S. Department of Housing & Urban Development (HUD).
7. Approve and authorize the Chairman to sign the 2012 Analysis of Impediments to Fair Housing, as shown on page _______.
Water-Waste Water Division
8. Approve and authorize the Chairman to execute the Water Conservation Cost Share Agreement, as shown on page _______, by and between the St. Johns River Water Management District and Seminole County, Florida.
9. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $253,832 for a Federal Emergency Management Agency: Repetitive Flood Claims Grant Program award for the property acquisition, structural demolition, and debris removal from the Campbell property.
10. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-80, as shown on page _______, implementing Budget Amendment Request (BAR) #12-056 in the amount of -$38,228 through the Public Works Grants Fund to reduce grant revenue and project budget for the Wilson Road Sidewalk project
11. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-81, as shown on page _______, implementing Budget Amendment Request (BAR) #12-058 in the amount of $8,325 through the EMS Trust Fund and Fire Protection Fund, to reimburse the EMS Trust Fund from Fire Protection Fund reserves for unauthorized expenditures.
12. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-82, as shown on page _______, implementing Budget Amendment Request (BAR) #12-059 through the ARRA Energy & Conservation Grant Fund and the Environmental Services Grant Fund to adjust project budgets and allocate $145,140 in net savings for the purchase and distribution of Conservation Toolkits for Citizens.
13. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-83, as shown on page _______, implementing Budget Amendment Request (BAR) #12-060 in the amount of $49,176 through the Solid Waste Fund to appropriate insurance proceeds of $49,176 and transfer $58,368 from reserves to facilitate the replacement of road tractor, BCC #7417, in the amount of $107,544.
14. Authorize the request to schedule and advertise a public hearing to give consideration for adopting an Ordinance to establish the Woodmere Drive Water Utility Service MSBU.
15. Authorize the request to schedule and advertise a public hearing to give consideration for adopting an Ordinance to establish the Horseshoe Lake Aquatic Weed Control MSBU.
Planning & Development Division
16. Approve and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______, for Case No. 11-137-CEB, on 2921 S. Bermuda Avenue, Apopka, Tax Parcel #18-21-29-525-0000-2570, owned by Renel Alexis, and Bank of America, N.A. (Lis Pendens).
Greenways & Natural Lands Division
17. Adopt appropriate Resolution #2012-R-84, as shown on page _______; and approve and authorize the Chairman to execute the renewal of the Memorandum of Agreement NO. AQ166, as shown on page _______, for Landscape Maintenance on the I-4/17-92 Interchange as prepared by the Florida Department of Transportation.
Library Services Division
18. Approve and authorize the Chairman to execute Entertainment Service Agreements, as shown on page _______, with Darren Liebman, Katie Adams and Rick Samlin to provide children's programs at the branch libraries as part of the Summer Reading Program.
19. Approve and authorize the Chairman to execute a Settlement Agreement, as shown on page _______, with Hills of Lake Mary Home Owner's Association, Inc. in conjunction with the landscaping, irrigation and maintenance of the median on County Road 46A directly in front of the Hills of Lake Mary Subdivision.
20. Approve and authorize the Chairman to execute a Joint Infrastructure Agreement, as shown on page _______, between Hidden Cove Property Owners' Association, Inc. and Seminole County to facilitate the installation of decorative columns and aluminum fencing on the east side of two County-owned retention ponds.
21. Support the transmittal of two Applications for Transportation Enhancement Projects with the Florida Department of Transportation for the following projects: (1) Lake Monroe Loop Trail (Mellonville & Celery Avenue Segments); and (2) Rinehart Road Trail Completion (County Road 46A to State Road 46).
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve and authorize the following:
17. Expenditure Approval Lists, as shown on page _______, dated March 27 and April 2, 2012; Payroll Approval List, as shown on page _______, dated March 29, 2012; BCC Minutes dated March 27, 2012; and noting, for information only, the following Clerk’s “received and filed”:
1. Amendment #1, as shown on page _______, to Work Order #7 for PS-5438-10.
2. Work Order #4, as shown on page _______, to RFP-5847-10.
3. Amendment #1, as shown on page _______, to Work Order #1 for RFQ-5888-10.
4. Development Orders, as shown on page _______, approved by the Board of Adjustment as follows: 8025 Golden Hawk Cove; Scott & Sherri Collier, 3415 Holliday Avenue; Joyce & Timothy DeRoche, 1180 Adams Street; Keith & Maureen Abbott, 3512 Curtis Drive; Hemalatha Kunda, 5548 Oakworth Place; Charles Becker, 2380 Fort Lane Road; and Wekiva Presbyterian Church, Inc., 211 Wekiva Springs Lane.
5. Letter of acceptance of the water system and Bill of Sale, as shown on page _______, for the project known as Wal-Mart Store #5894-00.
6. U.S. 17-92 Community Redevelopment Agency 2011 Annual Report dated Sept. 30, 2011.
7. Work Order #72, as shown on page _______, to CC-1284-06.
8. Amendment #2, as shown on page _______, to Work Order #25 for PS-4388-09.
9. Third Amendment, as shown on page _______, to IFB-600445-08, Simplex Grinnell, L.P.
10. Closeout, as shown on page _______, of Work Order #4 to CC-5075-10.
11. Change Order #9, as shown on page _______, to CC-4626-09.
12. Third Amendment, as shown on page _______, to IFB-600966-10, Petroleum Equipment Construction, Inc.
13. Amendment #5, as shown on page _______, to Work Order #1 for PS-2144-07.
14. Development Order, as shown on page _______, for Jonathan A. & Carol J. Brewster, 2755 Trommel Way.
15. Recorded Release of Lien, as shown on page _______, for Case No. 11-41-CEB, Federal National Mortgage Association, as approved by the BCC on January 24, 2012.
16. Second Amendments, as shown on page _______, to PS-1501-06 for Bowyer Singleton & Associates, Inc.; Southeastern Surveying and Mapping Corporation; and AMEC E&I, Inc.
17. Letter to Maryanne Morse, Clerk of Court, from Stephen F. Miller, Executive Director, South Seminole & North Orange County Wastewater Transmission Authority, submitting the required Public Facilities Report, 2011; Board Meeting Schedule 2012-2013; and the Audited Financial Statements for Fiscal Year ended September 30, 2011.
18. Letter to BCC Records, Attention Eva Roach, from Geraldine Harford, Tax Deed Clerk, regarding land available from the Tax Deed sale on December 28, 2011.
19. Parks Contract for Services, as shown on page _______, with Larry Sample.
20. Tennis Developmental Instructor Agreement, as shown on page _______, with Scott Runda.
21. Amendment #2, as shown on page _______, to Work Order #88 for PS-5120-02.
22. Amendment #1, as shown on page _______, to Work Order #3 for PS-5438-10.
23. Amendment #4, as shown on page _______, to Work Order #81 for PS-5120-02.
24. Amendment #2, as shown on page _______, to Work Order #1 for PS-3615-08.
25. Amendment #1, as shown on page _______, to Work Order #9 to PS-4572-09.
26. Work Order #13, as shown on page _______, to RFP-3261-08.
27. Work Order #49, as shown on page _______, to PS-1501-06.
28. Amendment #1, as shown on page _______, to Work Order #4 to PS-5175-04.
29. Work Order #19, as shown on page _______, to CC-3321-08.
30. Eighth Amendment, as shown on page _______, to IFB-600250-07.
31. Change Order #2, as shown on page _______, to Work Order #18 to CC-3321-08.
32. Change Order #2, as shown on page _______, to CC-6951-11.
33. Closeout, as shown on page _______, of CC-5931-10.
34. Closeout, as shown on page _______, of CC-6035-10.
35. Work Order #31, as shown on page _______, to PS-3914-08.
36. Amendment #9, as shown on page _______, to Work Order #56 for PS-1529-06.
37. Bids as follows: IFB-601359-12 & RFP-601340-12.
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 #10-140‑CEB on the property located at 159 Lake Harriet Drive, Altamonte Springs, Rossana Davila & Ollie Rodriguez, current owners.
Ms. Williams gave a brief history of the case. She stated a Summary Judgment of Foreclosure was filed on April 28, 2010; however, the bank did not transfer title at that time. 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 $3,000. Ms. Williams requested that the staff report be made part of the record.
Upon inquiry by Commissioner Horan, Ms. Williams verified that the bank received notice of the hearings in the matter even though they did not have title to the property and was also paying the taxes on the property.
Chairman Carey stated she has some concerns that this is going to become a new shell game. The bank forecloses; they become the owner; and just because they don't transfer the title, they think the lien should be forgiven and they shouldn't have to deal with the property. She stated she has concerns about whether this is a unique situation or if this is going to become the normal game that the banks think they will play. The County has not been very lenient on the banks because they think they should step in and take responsibility. The community is still affected when these violations are going on.
Chairman Carey requested that Mr. Applegate check into the law as far as once the bank goes through a foreclosure, is there something that requires them to take title at that time or can the bank just leave this matter out there in limbo forever. She asked if the bank doesn't transfer title, is there some kind of notice that the County can give to them to put them on notice that this will not be an acceptable method of operation here in Seminole County. Mr. Applegate responded that he will report back to the Board on the matter.
District Commissioner Van Der Weide stated he has some of the same concerns as Chairman Carey but he thinks this case is pretty clear. He doesn't want to let the bank off the hook on any of these things because he is not sure they are doing their due diligence.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve a reduction to the Code Enforcement Board lien, from $50,600 to $3,000, for Case #10‑140‑CEB on the property located at 159 Lake Harriet Drive, Altamonte Springs, Rossana Davila & Ollie Rodriguez (current owners); and authorize the Chairman to execute the Satisfaction of Lien upon payment in full.
Chairman Carey clarified with Commissioner Van Der Weide that he wants his motion to include the requirement that the reduced amount be paid within 30 days or the lien will revert to its original total amount.
Under discussion, Commissioner Dallari confirmed with Ms. Williams that all violations have been addressed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Brian Walker, Planning and Development Division, addressed the Board to present the request for an Entertainment Permit for the Orlando Philharmonic Orchestra "Rocky Mountain High at The Springs" outdoor concert and related rehearsals from May 4 through May 6, 2012, within the Springs Community Recreation area located at 400 Woodbridge Road, Carl Rendek, Orlando Philharmonic Orchestra, Inc.
Mr. Walker stated rehearsal for the concert will be held on May 4, 2012, between the hours of 7:00 p.m. and 10:00 p.m. The main concert event will be held on May 5, between the hours of 5:00 p.m. and 10:00 p.m. and is expected to attract between 2,000 and 2,500 people. He advised that May 6 has been proposed as a “rain date.” The event will offer catered food and alcoholic beverages to approximately 300 ticket holders with restroom facilities provided on-site within the clubhouse and augmented with portable toilets. Two emergency medical technicians accompanied by an EMT truck will be located on the site to provide assistance if needed. There will be off‑site parking designated on commercial properties and a shuttle bus will transport patrons from the off‑site parking location to the event. Two off-duty Sheriff’s deputies will be located at the entrance along S.R. 434 to assist with traffic control and four additional Sheriff’s deputies will provide security and crowd control.
Mr. Walker stated the applicant is also requesting approval for two temporary off‑site signs to be located at 2153 S.R. 434 and 2101 S.R. 434. He stated staff is recommending approval.
Upon inquiry by Commissioner Van Der Weide, Mr. Walker stated this request is consistent with requests in previous years.
Commissioner Horan noted that the application was filed January 23. He stated if staff can facilitate the review of these applications in the future, he believes it would help. Commissioner Horan stated this is a fantastic event and hopes everyone attends.
Chairman Carey explained that the Planning Department is looking at how event permits are processed and which ones would trip criteria to come before the Board and which ones could be approved by the Planning Manager. She believes the Board will see this issue as part of an amendment to the Land Development Code.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve a request for an Entertainment Permit for the Orlando Philharmonic Orchestra "Rocky Mountain High at The Springs" outdoor concert and related rehearsals from May 4 through May 6, 2012, within the Springs Community Recreation area located at 400 Woodbridge Road, Carl Rendek, Orlando Philharmonic Orchestra, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
With regard to the review of the event permits, Commissioner Dallari stated the Philharmonic has been having this event at this facility for a number of years and he knows there is a lot of effort that goes into putting the permit together. While they are looking at an event permit policy, he stated he would like to see something in the policy for someone doing a multi-year venue, like this, that streamlines the process for them so it is basically a checklist. If there are no past issues and no new issues coming up due to any new legislation, there would be a way to streamline this. Chairman Carey stated the only issue would be that this Board cannot bind a future Board. She stated if it is something that has to come back to the Board, it will have to come back to the Board, whoever the Board is. Commissioner Dallari stated there should be a way to streamline the process to make it easier. Chairman Carey stated she believes that is what Planning is trying to do, to streamline the process so all of the event permits don’t have to come back to the Board depending on the thresholds that are triggered.
COUNTY MANAGER’S AND STAFF’S BRIEFINGS
The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2011/2012.
The Board noted, for information only, the Project Fiscal Summary for FY 2011/2012 through March 31, 2012.
Chairman Carey congratulated Ray Hooper, Purchasing and Contracts Manager, and his team for being awarded the Florida Association of Public Procurement Officials Award of Excellence in Public Procurement for 2012.
Chairman Carey stated she attended the Veteran's "Stand Down" last Saturday, which was conducted by the Veteran's Affairs staff along with the Health Department. There were a lot of community people there to deal with some of the issues that some of the veterans deal with. She hopes they will see that as an annual event because they have more and more veterans that they do need to reach out to, and it is an important part of what they do in Seminole County.
Chairman Carey stated she has a request from Tina Calderone, Chairman of the School Board, to appoint either an elected official or a representative to represent the County on the Public School Facilities Planning Committee. Upon inquiry by Chairman Carey, Commissioner Horan volunteered to be on that board.
Chairman Carey stated she received an e-mail (copy not received and filed) from Judy Putz, who is a Board appointment on the MetroPlan Orlando Citizens Advisory Committee. Due to scheduling issues, Ms. Putz has sent a letter of resignation. Chairman Carey requested a Resolution of Appreciation be presented at the next meeting for Ms. Putz's service. She also needs some names from the Board members as to who they might like to see be the Board appointment.
Chairman Carey stated that next Friday will be the Orlando Business Journal's Seminole County update, "Doing Business in Seminole County." She advised she will be one of six panelists on the committee along with Dr. McGee and their new Economic Development director. She hopes they will have a good turnout as they have had in the past and people can learn more about doing business with the County.
Chairman Carey stated she was at the 30th Anniversary of the Friends of the Wekiva on Saturday and explained it was the official "Passing of the Paddle" from the Moncriefs to the State as Katie's Landing is now a State park. During that event, a discussion came up about the trail crossing over the Wekiva River. Chairman Carey reminded the Board that when staff presented the Parks and Trails update, they talked about that. Originally when the trail tax went to the voters to be approved, they actually showed an overlook overlooking the Wekiva River, which was never built. They do try to keep it mowed so people can go down there and enjoy the river. She advised there have been some discussions at the Wekiva Basin Commission meetings between herself, Lake County Commissioners and people involved with the Friends of the Wekiva. Their thoughts are if people never experience some of the environmental treasures, they have no interest in protecting them. There was a discussion about a trail crossing over the Wekiva River to get to the Lake County side of the trails and park.
Chairman Carey stated she knows that staff wanted to see it go down Markham Road to run along S.R. 46 and the Wekiva Expressway, and she is fine with that. She believes the consensus of the Board at the time of the Parks and Trails presentation was for staff to go back and look at the possibility of some type of crossing similar to what they have at the Econ as a potential for a future project. She asked if she was remembering that fact correctly. Commissioner Dallari affirmed that she did.
Chairman Carey suggested a motion for the County to look at a potential future crossing to cross the Wekiva River.
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan, for staff to look at the possibility of some type of crossing to cross the Wekiva River as a potential future project.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated that she has received a number of phone calls and e-mails regarding the parks at Sylvan Park. She stated the Pop Warner football groups reached out to the parks regarding using the fields for practice and were told that they were no longer going to be able to use the fields at Sylvan Park. She understands at the beginning of the year there was a management plan adopted for turf management and that they need to have the fields in pristine condition or in some type of good condition in order for competitive play. Chairman Carey stated when they get to the point that they are not allowing their citizens and youth to play and practice Pop Warner football on the fields, she thinks something has gone wrong with the plan. If it is the decision by the Board to not allow Pop Warner to practice in their parks, then they need to have an alternative as to where they can go.
Steve Waring, Parks and Recreation Manager, addressed the Board to advise he has several photographs to present. Mr. Waring displayed a photograph (received and filed) of the field from 2010 and described the field at the end of a season of heavy lacrosse and youth tackle football usage. He stated to try and avoid this type of wear and tear in the future, his department adopted a plan. Mr. Waring displayed a photograph (received and filed) of the same field taken yesterday, which is without lacrosse and youth tackle football. He explained this was the intention of the plan, to try and balance the usage between the local community and the economic impact events that they are bringing in.
Upon inquiry by Chairman Carey, Mr. Waring stated they resodded after the first picture. He explained if they closed the field down for two months, it would grow back. Mr. Waring stated the request that he received from youth tackle football was for three nights a week at two and a half hours a night. He stated if it was one or two games a week, it would not be as bad; and he further explained how youth tackle football practice and lacrosse affects the fields.
Upon inquiry by Chairman Carey, Mr. Waring explained the field in the second photograph is used for youth soccer with approximately 500 to 600 kids a week playing, youth lacrosse up to high school, adult soccer, adult flag football and youth flag football. Upon further inquiry by Chairman Carey with regard to allocating one of the six fields for Pop Warner football, Mr. Waring stated the problem with allocating one field is when the Tourism team goes out to sell, they sell it as a six-field package. If one field is completely worn out, they will not have the full amount that they could use to sell. Discussion ensued as to when the sports' seasons occur.
Commissioner Van Der Weide stated they need staff to tell them what they can do to make sure all of these kids play. He stated he does not want to discount or eliminate youth football.
Chairman Carey stated when they are talking about their children and their citizens, they have to have some alternative. She stated if it is not going to be these fields, then which fields; and if it is not going to be the County's fields, then whose fields.
Commissioner Horan stated he has played high school football, coached youth football and has officiated lacrosse. He explained that putting football and lacrosse on fields will eat up the field. He advised that when he coached Pop Warner football, they had to use private fields because the public was not going to let them practice three times a week on a public field. If they are going to market these fields to groups that are coming here for events, they can't have fields that are chewed up.
Commissioner Van Der Weide stated his question is what are they going to do to accommodate these Pop Warner football players since they are part of the community.
Commissioner Henley stated he is glad to hear this discussion because he has been saying, ever since he has been on the Board, that they as a Board and previous Boards have shortchanged the children in Seminole County for many, many years. He explained that when he goes to other counties and looks at what is provided for kids for all sports, there are hundreds of acres of fields, many of them lighted. They haven't done that. They have put their money into preserving the wilderness areas and buying up large parks that people have limited access to. He thinks it is time for the Board to be committed to the kids, because if the kids are not allowed to participate in worthwhile activities, they will have to build more jails. Commissioner Henley stated they have a shortage in baseball, in softball, and in volleyball. They have been talking about trying to solve one problem for over 10 years and they are still just talking. He thinks it is something they need to do and thinks it is right that the Chairman brings this forward. Commissioner Henley pointed out that every elementary school and every middle school have fields for physical education. He stated there needs to be a concentrated effort between the County's staff and the School Board's staff to open up some of those fields for some of these neighborhood-type activities.
Chairman Carey stated she believes the cities need to be included because it would be less expensive for them to partner with the School Board or the cities to have access to their fields after hours or for a community-wide effort than it would be for them to go out and try to build all new fields.
Commissioner Dallari stated he believes this is a very important issue. He requested that staff come back with a solution of what they can do as opposed to what they can't do. If that solution involves the School Board or involves the cities, he suggested they start picking up the phone and reaching out. They should not be denying one sport or activity the ability to have access to what they need. He believes to just take the position the fields need to rest because of tourism is the wrong answer. He wants to hear a solution.
Chairman Carey advised there are 27 acres on Lake Mary Boulevard that the County purchased for Public Works which is not being used right now. There are a lot of places that can be found. She stated they also identified 10 acres at Idyllwilde Elementary. She explained it does not have to be a field. They can take a chalk line and mark off a field. She advised they are not going to just say to their citizens and kids that you can't come and practice here anymore, so too bad.
Commissioner Van Der Weide complimented Lake Brantley High School. He stated everybody plays on those fields. He explained how the Booster Club raised money and put in artificial turf.
Chairman Carey stated, as direction to staff, the Board wants them to come back with a plan including the cities and the School Board; but she noted that doesn't solve the immediate problem which is where are our Pop Warner kids going to practice.
Mr. Waring stated the group that contacted him is the Central Florida Youth Football League. He stated he got back with them and showed them all of the availability at Soldier's Creek Park. He stated he gave the League quite a few dates between now and the end of their season that they can use for the open field there. The League just hasn’t responded on what they are looking for out there.
Commissioner Henley noted that Soldier's Creek is already used heavily. He requested that staff do an inventory of all of the County's vacant property that might be used. He also requested that staff do some cost analysis for artificial turf. He suggested the School Board may be willing to work with the County if they were willing to put in artificial turf that would not be torn up because maintaining fields in the quality like the photograph illustrates is expensive.
Mr. Hartmann stated they will look for some other immediate alternatives. He knows that Mr. Waring is already working on it and is engaged in dialogue with those in need of those fields. He stated that the idea to look at the 27 acres is an outstanding idea. Chairman Carey advised there is also property on Upsala Road and pockets of property all over that could be used. Mr. Hartmann stated they have recently done some inventorying of property. Mr. Hartmann confirmed with Joe Abel, Director of Leisure Services, that this was being considered in the Parks and Recreational Master Plan.
Chairman Carey advised that at the next meeting she would like to have some options and would like to know that the group that contacted the Board has been given some viable options. She requested staff not wait for the Master Plan but get with the cities and School Board and look at the County's inventory and come up with a list and a plan before summertime gets here.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of Letter dated March 29, 2012 to Mr. Ray Eubanks, State Land Planning Agency, from Chairman Brenda Carey re: Transmittal of Adopted Large Scale Future Land Use Map Amendment #12-1ESR.
2. Letter dated April 5, 2012 to Tina Williamson, Seminole County Planning Manager, from Mr. Ray Eubanks re: submission of Plan Amendment #12-1ESR.
3. Letter dated April 6, 2012 to Chairman Brenda Carey from Clayton Wilder, FDLE, Office of Criminal Justice Grants, re: Federal Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant Program.
4. Copy of Memorandum dated April 11, 2012 to Clerk of the Court Maryanne Morse from Joe Forte, Seminole County Deputy County Manager, re: Response to audit of Manager’s Cellular Device Policy.
5. Letter dated April 11, 2012 to Chairman Brenda Carey from Keith Glatz, Entity Awards Program Chair, Florida Association of Public Procurement Officials, Inc., re: Excellence in Public Procurement Award.
6. Letter dated April 17, 2012 to Chairman Brenda Carey from Chairman Tina Calderone, Seminole County School Board, re: appointment of an elected official or designee to serve on the Public School Facilities Planning Committee.
7. Letter dated April 17, 2012 to County Commissioners from Sharon Graham, 18th Judicial Circuit Guardian Ad Litem, re: quarterly update.
8. Letter dated April 18, 2012 to Chairman Brenda Carey from Mr. and Mrs. Richard Mattern re: Utility reservation at 7381 Bella Foresta Place, Sanford, FL, 32771.
9. Letter dated April 18, 2012 to Chairman Brenda Carey from Randy Newlon, Interim City Manager, Casselberry, re: Regional Application for the TIGER 4 Discretionary Grants Program.
10. Letter dated April 18, 2012 to Chairman Brenda Carey from Randy Newlon, Interim City Manager, Casselberry, re: Support of the City of Casselberry’s TIGER 4 Initiative.
11. Letter dated April 19, 2012 to Chairman Brenda Carey from Sarah Stuckey, Office of Citizens Services, Governor Rick Scott, re: Medicaid Billing Process and House Bill 5301.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Dallari stated he attended the Orlando Business Journal dinner this week, which was the event for "Women who Mean Business" for all of Central Florida. He commended Andria Herr for winning an award for her leadership in all of Central Florida.
Commissioner Horan noted that the Seminole County Public Library System received the 2012 Libraries Mean Business award. He congratulated Christine Patten, Joe Abel and their staffs.
Commissioner Horan described a policy the Board has with regards to Community Service grants which apparently was adopted in 1999 or 2000. He advised they may or may not have been following the policy in recent years. He asked the Board members if there is any interest in taking a look at the policy in light of the most recent economic situations and the fact that they haven't taken a look at the policy for 14 years. He explained some of his concerns about the policy and stated he thinks that it might be a good idea for staff to take a look at the policy to see if it is something they need to adjust.
Chairman Carey stated they can do that. She advised that since she has been on the Board, which was at the end of 2004, there were some guidelines that came forward that she thinks they have been following which made it a much more fair analysis. What they don't want to be is a sole funding source to an entitlement program. She noted that they set parameters back in 2005 and 2006 and believes it is probably time to look at those again. She discussed the guideline criteria that they have been working under.
Commissioner Horan explained that this came up when Valmarie Turner, Director of Community Services, was briefing him on the process. Apparently the guidelines that were adopted in 2006 may be inconsistent with the policy adopted in 1999, and he believes they need to get that clarified.
Mr. Hartmann advised that he will look into it.
Chairman Carey stated she was not here in 1999 and no one said there was a policy when they brought it up. She explained that what they had was a lot of inconsistency. They need to understand that the organizations the Board is supporting are finding outside funding, are doing things to be sure they are sustainable without government assistance and know that it is not an entitlement program. She stated that was the direction of the Board when they set the guidelines. If there is a policy that is in conflict, they can fix it and review the guidelines to see if it is something the Board needs to modify.
Commissioner Henley stated the attempt by the Board was to establish a procedure that every one of the organizations had to go through. Many of them objected to filling out objectives and providing copies of their budgets. He explained the Board patterned what they were doing after the United Way and advised there are policies that guide this. They have carefully tried to avoid these organizations getting to a point where they think they are entitled to it every year.
Upon inquiry by Commissioner Horan, Valmarie Turner, Director of Community Services, addressed the Board to state that what was included in the agenda packet was the policy that was adopted by the Board in 2007. She stated she included those parameters because they had not updated their policies and procedures. After reviewing them, she thought they were fiscally sound in terms of insuring that the funds are not entitlement but are serving the best needs of the community. She stated that they make recommendations and the Board has the final say in terms of who gets funded.
Commissioner Horan confirmed with Ms. Turner that the 2007 policy that was included contains the five-year declining scale. He then asked if the present policy of the Board is to award grants on a five-year sliding scale. Chairman Carey stated that was not the policy and suggested that staff get with Commissioner Horan and explain the policy. Discussion ensued with regard to grant policy.
COUNTY MANAGER’S REPORT
Mr. Hartmann stated they were notified by FDOT yesterday by e-mail that FDOT is interested in pursuing the acquisition of the post office facility as part of SunRail Phase 1 in Altamonte Springs. Chairman Carey stated the condition is FDOT will purchase it and they want the County to pave it for $200,000. Mr. Hartmann stated the estimate is $130,000.
Motion by Commissioner Henley, seconded by Commissioner Horan, to enter into an agreement with FDOT to pay for the paving of the Altamonte Springs post office facility upon FDOT acquiring the facility.
Upon discussion, Commissioner Dallari asked Brett Blackadar, County Engineer, to confirm that in any and all agreements, the County has the final say in all development rights to the property.
Brett Blackadar, County Engineer, addressed the Board to state he spoke with Tawny O'Lore, SunRail Project Manager. Mr. Blackadar explained when the property is purchased, it will fall under the interlocal agreement which says the County does have development rights.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated that contained in the quarterly report of pending issues that he sent to the Commissioners is a brief summary of an ordinance on background checks that his office is working on.
Mr. Applegate advised that 40 or more counties have joined in or plan to join in on the Medicaid lawsuit when it is filed.
Chairman Carey stated that in addition to the lawsuit, she believes there should be a separate track of trying to come up with what they need to amend that rule so maybe they can go back and get some modifications in the upcoming session (and maybe stay off a lawsuit) where the accounting would be done a little bit differently. She does not want to totally ignore the fact that they have the ability to lobby their legislators to show them why it is a problem and what the impacts will be.
Chairman Carey stated they will take a brief recess and then meet for the Homeless Services Plan workshop.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:15 a.m., this same date.