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.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman Carlton Henley (District 4)
Commissioner
Bob Dallari (District 1)
Commissioner
John Horan (District 2)
Commissioner
Dick Van Der Weide (District 3)
Clerk
of Circuit Court Maryanne Morse
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.
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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.
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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.
PUBLIC PARTICIPATION
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.
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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
Seminole
County.
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.
Community
Services
Business Office
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 _______.
Environmental
Services
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.
Fiscal Services
Business Office
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.
Budget Division
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.
MSBU Program
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.
Growth
Management
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).
Leisure Services
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.
Public Works
Engineering Division
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:
Clerk’s
Office
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.
REGULAR AGENDA
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.
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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.
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The Board noted, for information only, the
Project Fiscal Summary for FY 2011/2012 through March 31, 2012.
CHAIRMAN’S
REPORT
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Chairman
Carey stated they will take a brief recess and then meet for the Homeless
Services Plan workshop.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 11:15 a.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
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