BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 22, 2012
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIOENRS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, May 22, 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 Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Carylon Cohen, Deputy Clerk
Terri Porter, Deputy Clerk
Pastor Wendell Bishop, First Baptist Church, Sanford, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt Proclamation, as shown on page _______, proclaiming the week of May 21 through May 25, 2012 as "Small Business Week in Seminole County."
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley advised that the Proclamation will be presented later at the Small Businessmen Forum.
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to adopt Proclamation, as shown on page _______, proclaiming the week of June 4 through June 8, 2012 as "Code Enforcement Officers’ Appreciation Week in Seminole County.”
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Sgt. Brad McDaniel along with other Code Enforcement Officers in attendance. Sgt. McDaniel expressed his appreciation to the Board for the Proclamation.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution #2012-R–95, as shown on page _______, recognizing Bob Frier as Seminole Cultural Arts Council’s “Artist of the Year 2012.”
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Frier, who addressed the Board to express his thanks.
Chairman Carey recognized Mr. Michael Kramer in the audience who was “Artist of the Year” for 2010.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt appropriate Resolution #2012-R-97, as shown on page _______, recognizing Laurence M. “Skip” Groeneveld for 21 years of dedication and service to Seminole County Government and its citizens, upon his retirement from the Public Works Department/Engineering Division on May 31, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Groeneveld, who addressed the Board to express thanks for the recognition and to state it’s been a pleasure to serve the Board and citizens of Seminole County.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2012-R-96, as shown on page _______, recognizing Glen W. Denman for 35 years of dedication and service to Seminole County Government and its citizens, upon his retirement from the Public Works Department/Engineering Division on April 30, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Denman, who addressed the Board to express his thanks for the Resolution and recognition, and he stated he is now living a dream.
County Manager’s CONSENT AGENDA
County Manager Jim Hartmann addressed the Board to advise the following changes to the Consent Agenda: A signed Release has been obtained for Add-on Item #6A, Approve payment of $110,000 for property damage due to a sewage overflow, and he stated a change in the motion is to approve the payment of $110,000 plus a 15% contingency, if needed, not to exceed $7,082.18 for construction-related matters. He corrected Item #15, Approval of Resolution confirming the Non-Ad Valorem Variable Rate Assessments for 2012, to change the $600 rate stated in the backup information to $650 for Lake Mills Aquatic Weed Control. Add-on Item #17A to the Regular Agenda is a request for an extension of payment of a Code Enforcement Board lien.
Upon inquiry by Commissioner Van Der Weide, Mr. Hartmann advised that the check is ready for payment regarding Item #6A and is awaiting the Board’s approval today.
Chairman Carey advised that a revision removing Section F for Public Hearing Item #29, Voluntary Billboard Agreement, was distributed to the Board yesterday.
Motion by Commissioner Horan, seconded by Commissioner Henley, to approve and authorize the following:
6. Approve and authorize the Chairman to execute the Lease Agreement, as shown on page _______, with the School Board of Seminole County for the former Midway Elementary School, Building 01 and adjacent Parking Lot 1, to be used as the Midway Community Center. Estimated annual operating expense is $23,210.
6A. Approve payment of $110,000, plus 15% contingency if needed (not to exceed $7,082.18), for construction related to property damage due to a sewage overflow on April 10, 2012, caused by a lift station losing power, located at 3491 Lockwood Blvd., Oviedo. A signed copy of the Release, as shown on page _______, was obtained from Richard and Susan Williams, property owners.
7. Approve and authorize the Chairman to execute the Seminole County/School Board of Seminole County, HUD/CDBG Subrecipient Agreement, as shown on page _______, to provide sewer improvements to serve the former Midway Elementary School which will provide an improved quality of life for the residents of the Midway community.
Community Assistance Division
8. Approve and authorize the Chairman to execute the Modification, as shown on page _______, of Agreement between the Florida Department of Economic Opportunity and Seminole County to modify our Community Services Block Grant (CSBG) for an additional allocation of $35,031.00.
9. Approve and authorize the Chairman to execute the Satisfactions, as shown on page _______, of Mortgage for households assisted under the County's Home Ownership Assistance Program or the Foreclosure Prevention Program as follows: Carlos and Carmen Granda; Patricia Catherine Leistra; Seth Domnitz; Wendy Ferguson; Gladys Johnson; Tami L. Melnick; Debra H. Nault; Milenko and Dragana Pavlica; Svetozar and Milka Pavlovic; Didotne Rivera; Anglyn Christa Smith; Gayle Anne Vanfulpen; and Monja Wright.
10. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-98, as shown on page _______, implementing Budget Amendment Request (BAR) #12-050 through the Water & Sewer Operating Fund and the Sewer Connection Fee Fund in the amount of $7,565,292 in order to change funding for a portion of Debt Service payment to the Sewer Connection Fee Fund.
11. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-99, as shown on page ________, implementing Budget Amendment Request (BAR) #12-062 in the amount of $175,155 through the General Fund, the Community Development Block Grant Fund, and the Community Services Block Grant Fund (CSBG) to recognize and allocate $175,155 in additional CSBG grant funding and the associated $35,031 in match funding.
12. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-100, as shown on page _______, implementing Budget Amendment Request (BAR) #12-065, totaling $219,990, to recognize the receipt of $219,990 in revenue for the Public Works Grant Fund and transfer $8,010 from the 2001 Infrastructure Sales Tax reserves to fund additional construction costs for the Eastbrook Elementary School Sidewalks Project.
13. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-101, as shown on page _______, implementing Budget Amendment Request (BAR) #12-068 through the General Fund to establish a budget for the replacement of lightning prediction systems at Red Bug and Sylvan Lake Parks at a cost of $36,872.
14. Approve appropriate revised Resolution #2012-R-78, inclusive of referenced Exhibits A and B for the Bel Aire Hills Wall Replacement MSBU, as adopted on April 10, 2012.
15. Approval of appropriate Resolution #2012-R-102, as shown on page _______, confirming the Non-Ad Valorem Variable Rate Assessments for 2012; as amended to show the assessment per benefit unit for Lake Mills Aquatic Weed Control is $650.
16. Authorize staff to schedule and advertise a public hearing for the purpose of providing public consideration for amending the Consolidated Street Lighting District Ordinance #2011-22.
17. Authorize staff to schedule and advertise a public hearing for the purpose of approving and certifying the 2012 Non-Ad Valorem Assessment Roll.
Districts 1, 2, 3, 4 and 5 voted AYE.
Liz Parkhurst, Planning & Development, addressed the Board to present the request to extend the time to pay a reduced Code Enforcement Board lien until June 24, 2012, for Case #10-14-CEB on the property located at 159 Lake Harriet Drive, Altamonte Springs; Rossana Davila & Ollie Rodriguez (current owners); Lisa Albo.
Ms. Parkhurst stated as the sellers are negotiating a settlement with the Small Business Administration (SBA) for a disaster recovery loan on the property, it doesn’t appear that the matter will be resolved by the May 24, 2012, deadline. The sellers have requested an extension to June 24, 2012. Staff is recommending the Board approve the request to extend the deadline to pay the reduced lien to June 24, 2012, and requests that the staff report be made a part of the record.
Chairman Carey stated it is probably time-consuming to deal with the federal government to try to resolve the lien. She asked if the sellers are comfortable with 30 days as the Board would normally give 60 days for something to be paid.
Ms. Parkhurst stated the sellers are still working with the SBA, but they requested the June 24 date. Whereupon, Chairman Carey explained if they approve the extension 30 days from the time the SBA loan is relinquished, then that should be enough time.
Commissioner Dallari concurred that it makes sense to specify payment is due 30 days after the loan is closed.
Chairman Carey said she doesn’t want to see this continually come back to the Board every 30 days because they are dealing with the SBA.
District Commissioner Van Der Weide said he would not have a problem approving the staff recommendation with the additional suggestion by the Chairman. He said he also hates to see these items coming back.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the request to extend the time to pay a reduced Code Enforcement Board lien until 30 days after the SBA loan is extinguished, for Case #10-14-CEB on the property located at 159 Lake Harriet Drive, Altamonte Springs, Rossana Davila & Ollie Rodriguez (current owners), Lisa Albo; and authorize the Chairman to execute the Satisfaction of Lien upon payment in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
County Attorney’s Agenda
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the following:
18. Approve and authorize the Chairman to execute Satisfaction, as shown on page _______, of the Final Judgment Assessing Attorney's Fees and Costs in the amount of $350, Case No. 94-00326-CFA, Ronald Edward Eisaman.
Districts 1, 2, 3, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the following:
19. Approval of Expenditure Approval Lists, as shown on page _______, dated April 23 & 30, 2012; and Payroll Approval List, as shown on page _______, dated April 26, 2012; and approval of the BCC Official Minutes dated April 24, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk's "received and filed":
1. Training Provider Agreement, as shown on page _______, with AAA School of Dental Assisting, Inc., as approved by the Board on December 13, 2011.
2. Development Order #12-30000023, as shown on page _______, for Jerome A. Hart, 185 East Faith Terrace.
3. Amendment #1, as shown on page _______, to Work Order #10 to PS-5438-10.
4. Work Orders #14 and #15, as shown on page _______, to CC-5075-10.
5. Work Orders #2 and #3, as shown on page _______, to PS-6865-11.
6. Communication Towers Construction Agreement CC-7661-12, as shown on page _______, with Gulf Equipment Corporation.
7. Parks Contracts, as shown on page _______, for Services with Jonathan Thaens; Kevin Longshore; James Crumrine; David White, Jr.; Kenneth Rowland; Joanna Babyar; and Hanna Harkins.
8. Closeout, as shown on page _______, of CC-6784-11.
9. Amendment #1, as shown on page _______, to RFP-601328-11.
10. Change Order #1, as shown on page _______, to CC-6893-11.
11. Amendment #1, as shown on page _______, to Work Order #4 to RFP-5465-10.
12. Work Order #23, as shown on page _______, to PS-2564-07.
13. Consultant Services Agreement, Space Needs Study, RFP-601333-12, as shown on page _______, with Architect Design Group, LLC.
14. Lakes Burkett & Martha Aquatic Weed Control MSBU Interlocal Agreement, as shown on page _______, as approved by the Board on January 10, 2012.
15. Closeout, as shown on page _______, to Work Order #21 to CC-2183-07.
16. Closeout, as shown on page _______, to Work Order #40 to CC-2184-07.
17. Change Order #1, as shown on page _______, to CC-6863-11.
18. Amendment #1, as shown on page _______, to Work Order #14 to M-5004-09.
19. Work Orders #33, #34, #35 and #36, as shown on page _______, to RFP-5465-10.
20. Amendment #6, as shown on page _______, to Work Order #1 to PS-2144-07.
21. Amendment #1, as shown on page _______, to Work Order #2 to PS-5116-10.
22. Subordination, as shown on page _______, of County Utility Interests Agreement with FDOT, as approved by the Board on January 24, 2012, per Resolution #2012-R-34.
23. Subordination, as shown on page _______, of County Utility Interests Agreement with FDOT, as approved by the Board on January 24, 2012, per Resolution #2012-R-35.
24. Amendment #1, as shown on page _______, to Work Order #30 to PS-4388-09.
25. Amendment #4, as shown on page _______, to IFB-600672-09.
26. IFB-601359-12, as shown on page _______, Term Contract for Purchase of Lamps and Lamp Ballasts with (1) Light Bulb Depot of Tampa, LLC; (2) Regency Lighting, Inc.; (3) Lamp Sales Unlimited, Inc.; and (4) Mayer Electric Supply Co., Inc.
27. Assignment, as shown on page _______, of Developer’s Agreement for sewer service with LDM, Inc. for the project known as Wilshire Plaza Capacity.
28. Satisfaction, as shown on page _______, of Lien for Daniel R. Shaw, 141 Lake Harriet Estates, Case No. 09-119-CEB, as approved by the Board on February 28, 2012.
29. Work Order #74, as shown on page _______, to CC-1284-06.
30. Amendment #2, as shown on page _______, to Work Order #67 to PS-1529-06.
31. Change Order #1, as shown on page _______, to Work Order #72 to CC-1284-06.
32. Amendment #3, as shown on page _______, to Work Order #10 to PS-5180-05.
33. Amendment #3, as shown on page _______, to Work Order #11 to M-5004-09.
34. Work Order #37, as shown on page _______, to RFP-5465-10.
35. Work Orders #5 and #6, as shown on page _______, to PS-4736-09.
36. Amendments #1, as shown on page _______, to Work Orders #24 and #26 to RFP-5465-10.
37. Amendment #2, as shown on page _______, to Work Order #6 to PS-4906-09.
38. Change Order #2, as shown on page _______, to Work Order #1 to CC-7107-11.
39. Amendment #1, as shown on page _______, to CC-7661-12.
40. Assignment, as shown on page _______, of IFB-600660-09 to the Utility Group of Florida, LLC.
41. Notice of Proposed Action from the Florida Public Service Commission regarding Docket No. 100461-E1, Progress Energy Florida, Inc.
42. Work Order #7, as shown on page _______, to RFP-5706-10.
43. Closeout, as shown on page _______, to Work Order #18 to CC-2183-07.
44. Change Order #2, as shown on page _______, to Work Order #24 to CC-2183-07.
45. Work Order #91, as shown on page _______, to PS-1529-06.
46. Change Order #10, as shown on page _______, to CC-5682-10.
47. Bids for IFB-601314-12.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the following:
20. Approval to contribute $5,000 from the Law Enforcement Trust Fund to provide funding in support of Boys Town of Central Florida.
21. Approval to expend $10,000 from the Law Enforcement Trust Fund to provide funding in support of the Midway Safe Harbor Center.
22. Approval to expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution to various crime prevention and education programs operated by the Seminole County NAACP branch.
23. Approval to expend $3,000 from the Law Enforcement Trust Fund to provide for a contribution to the Seminole Youth Network.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S AND STAFF’S BRIEFINGS
The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2011/12.
Meloney Lung, Central Services Director, addressed the Board to present the request to approve the final conceptual design for the Fallen Heroes Memorial Park and authorize proceeding with construction design and the solicitation of construction for Phase I of the project with an estimated cost of $700,550. Ms. Lung said recently the Heroes Memorial Committee met and decided to look at modifying the conceptual design that had been approved in 2007 to break it into two phases. The group unanimously decided to do the two phases.
Rick Magley, HHI Design, addressed the Board to give a PowerPoint presentation (copy received and filed) of the Heroes Memorial Master Plan. He described the planned area to be located at the Criminal Justice Center that will include memorials for Law Enforcement and the Fire Department with elements for the Army, Marines, Air Force, Navy, Coast Guard and Merchant Marines. He advised of the trees that were taken out of the design so that the plaza could be expanded and said this will give better visibility from above and better celebration of the plaza.
Upon inquiry by Chairman Carey, Mr. Magley said Phase I will include everything shown except the actual elements of the memorial--the statutes and the vertical structures. He described the memorial element structures for names and said, if needed, more room is available on the square benches. There will be the ability to pay for some of this through alternate funding sources by selling bricks. Also, the bollards are available to have a plaque for sale put on them, and these will help pay for the project. Mr. Magley also described the view that the audience would see during a celebration, with a memorial bell close to the fountain. Nine flags will be added in the Memorial.
Upon inquiry by Chairman Carey, Mr. Magley stated there will be a fireman’s bell and another bell to ring when there is a memorial celebration. Chairman Carey suggested getting a bell that has some historical significance.
Upon further inquiry by Chairman Carey, Bill Johnson, Facilities Management, addressed the Board to answer how the podium sound system will be set up in front of the bell located in front of the people.
Mr. Magley advised the total cost is about $700,000 for most of the elements on the ground. That does not include the vertical granite structures or the statutes.
Commissioner Van Der Weide stated he thinks they have finally come to something that they can do and don’t have to keep waiting forever. He said he appreciates the work of Mr. Magley.
Commissioner Henley stated Commissioner Van Der Weide has spent a great deal of time in trying to make this become a reality. He asked that each member of the County Commission be provided with the list of the companies or people who have donated to this effort. He said maybe the Commissioners can make an extra effort at fundraising. Also, he would like the Board to consider a tribute to Commissioner Van Der Weide for his long years of service in the form of a dinner or a roast with the proceeds going towards Phase II. Chairman Carey said the Board can talk about fundraising ideas at a later time.
Commissioner Dallari stated he is concerned about the maintenance and upkeep of the statutes, so keep that in mind for whatever is chosen for Phase II. He said bronze statues do change color, depending upon the weather, and the maintenance can be a nightmare. Chairman Carey said part of the beauty of those is that they do age, but they need something that will stand the test of time.
Upon inquiry by Commissioner Horan, Mr. Hartmann said he thinks this is a very dignified design for this particular courthouse and memorial. He thinks some of the design changes have been really positive; and they have a great opportunity to create something wonderful for the community. He is in full support of the project and believes it adds another dimension to the site that they will all be proud of.
Commissioner Horan said he was really thrilled when he saw the Memorial designs. He loves it that the electrical and the press can be located in the area; and the press will be able to set up their staging and equipment away from the Criminal Justice Center, and that makes it easier for security. He thinks this mixes the design, practicality and tribute in a wonderful way and is something they can be very proud of.
Chairman Carey said she thinks too that this is something they can be very proud of. She stated the city of Sanford sold bricks as a way to raise funds for their Memorial Park, and that was pretty successful; but an ongoing active campaign is needed for that because people forget.
Upon inquiry by Commissioner Van Der Weide, Lisa Spriggs, Fiscal Services Director, addressed the Board to advise where the funding will come from. She stated that currently the Board has a project account for the Heroes Memorial at $250,000 in the General Fund. In addition, the Sheriff’s Office has $92,000 available to go towards this project, which is from donations collected in honor of Officer Eugene Gregory. Staff has also identified for funding $525,000 available in the 2005 Sales Tax Bond account that was originally issued for the jail expansion. Also, money is currently available from the completed Juvenile Detention Center renovations.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to authorize moving forward Phase I of the Fallen Heroes Memorial Park project with the funding identified by the Fiscal Services Director (at an estimated cost of $700,550).
Districts 1, 2, 3, 4 and 5 voted AYE.
Steve Waring, Leisure Services Manager, addressed the Board to discuss the Centennial Fest for the 100th Year Anniversary Celebration of Seminole County. He said Leisure Services Director Joe Abel had provided a memo (copy not received and filed) to the Board outlining 11 activities to be used for the celebration. He advised of the cities, groups and agencies that staff worked with to develop the activities. He said the goal was for low impact on staff and to look for possible sponsorships throughout the County for funding. Staff would also like to have the Leisure Services Department assign, at the direction of the County Manager, a current vacant full-time position to carry out the planning of the celebration. Upon its conclusion, the position will revert back to its original position and be incorporated into the County Manager’s realignment plans. He asked for the Board’s approval to move forward with the event as outlined in the memorandum.
Mr. Waring reviewed the contents of the memo listing the planned activities. Chairman Carey said she thought it was a very complete and inclusive celebration to begin 100 days before the actual 100th Anniversary. She said if the Board approves moving forward with the idea of putting a clone of the Big Tree in the park, Mr. Waring needs to talk to the horticulturist about when they would need to transplant the tree.
Commissioner Horan stated he had been briefed previously by Mr. Waring and Mr. Abel about the celebration events. He wants to ensure they are very inclusive and emphasized that they reach out to all groups (including all the different ethnic groups and special interest groups) that may want to have their own events.
Chairman Carey stated what they need to be cautious about is that this will focus on the 100th Anniversary of Seminole County, therefore, if someone wants to have a display or table, it needs to be related to the anniversary. If something happened in Seminole County from 1913 forward, she will be happy to have them participate. She asked staff to make sure they have some rules and regulations in place so they don’t end up offending someone as a result of the primary focus.
Commissioner Henley said he thinks it will be well to spell out and communicate the duties and responsibilities of the person who will be coordinating this so there is no misunderstanding of who has the authority.
Chairman Carey said she is sure the Board will get a lot of updates and they will tweak the project as it goes along.
Motion by Commissioner Horan, seconded by Commissioner Henley, to approve moving forward with the 100th Year Anniversary Celebration of Seminole County as outlined in the memorandum from Mr. Abel and discussed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Waring gave an update of the Big Tree Park. He reviewed highlights from the memorandum to the Board (copy not received and filed). He said a Budget Amendment Resolution (BAR) will come before the Board on June 12 regarding the security fencing. The amount is different from what Mr. Abel originally shared with the Board, which was for a straight fence. However, Mr. Abel is looking for a curved fence; and the BAR is for approximately $59,000. Once approved, the fencing can be put up in about two to three weeks. He said staff will be looking to the University of Florida for the clone tree, which is 40 feet tall. That fee has been revised from what was in the memo from $5,800 to $7,000. He noted that the city of Longwood has shared interest in purchasing a clone for the City also.
Mr. Waring said an RFP went out for artisans to look at the tree pieces that are still at the park and those pieces that are stored. He believes five responses were returned. He advised that Mr. Abel will discuss with the Commissioners some options for those. He is thinking there will be some leftover pieces and there is a form where citizens or others can request a piece of the tree. Mr. Waring said staff is recommending Board approval for moving forward with the fencing, the clone and the form for requests.
Commissioner Dallari asked if the University of Florida spoke about the survivability of the clone and whether they should purchase two clones instead of just one. Mr. Waring said he believes there is a one-year guarantee for the clone, and the University will provide someone to come out and work with them to ensure the tree is put in the right area.
Upon further inquiry by Commissioner Dallari, Mr. Waring said he can look into whether there is a financial break if two clones are purchased instead of one.
Chairman Carey stated there are some seedlings coming up and if they continue to protect them, the seedlings should grow rapidly. Also, Lady Liberty is there so they already have another tree.
Upon inquiry by Chairman Carey, Mr. Waring said he did not know if the fencing is to be put around the clone tree. He believes the perimeter of the Big Tree Park has been completely secured.
Commissioner Horan said he appreciates staff digging into this matter because he believes there are some real benefits for the County educationally, especially with the children, with regard to what they will do with this tree and how they will educate the public about the tree. He thinks they are doing a good job of “making lemonade out of lemons.”
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the request for additional security fencing around the trees and the purchase of the clone tree from the University of Florida, as presented by staff.
Under discussion, Chairman Carey said when all of these activities are going on, SGTV needs to be present filming it all to document for historical purposes. She asked staff to also let the Board members know when those activities are taking place so, if interested, they can go and observe. She said she thinks this is a great opportunity for the County to take this park, that used to be a big attraction but dwindled over the years, and bring the respect back to it.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Waring stated one of the directions the Board gave him on April 24 was to identify places to practice for the current youth tackle football group that had contacted the County. He said he had sent a memorandum to the Board, and since that time, he has had additional conversations with the President of Central Florida Youth Football. He advised he has a field secured for them at Soldiers Creek Park for their upcoming season. It is an open field space. He has not secured anything yet at Sylvan Lake Park. In addition, he was asked to look at an inventory of open space property within the County and received information on three different properties. The site most appealing was the East Lake Mary Boulevard property, about 19.5 acres of land. He said this is the ideal place to have people come in and park along the side and be able to watch the children practice. There is a lot of growth and vegetation on the field now and it needs to be cleared. He recommended laying Bahia sod once the field is cleared, and that will be a one-time fee of approximately $65,000; and an on-going annual maintenance fee for mowing of about $7,000.
Mr. Waring said staff has met with all the cities and each city works out its own deal with the football groups, and some cities do not allow football or lacrosse at all on their fields. Staff and the Leisure Services Advisory Subcommittee also met with Dr. Calderone, School Board Chairman, and she said the School Board allows the rental of their facilities and their open space. It is through each individual principal and there is an application process and fee structure for that.
Regarding the estimate for synthetic turf, staff received one quote; and for two lighted fields, it is approximately $1.3 million. Synthetic turf for one of the fields will cost approximately $688,000.
Mr. Waring advised on the usage of Sylvan Lake Park, it’s been said that the park is being held for economic impact events; but the data shows the park is being booked at closer to 82% for local users that consist of youth soccer, youth lacrosse, youth flag football and adult soccer. The park was used for economic impact events about 18% of the time.
Chairman Carey asked if Mr. Waring had spoken with the School Board about being able to use big areas of open grass. Mr. Waring said they did discuss that, and because open areas are part of the school property, for liability reasons they would like for everybody who wants to use those facilities to go through each individual principal. Whereupon, Chairman Carey asked for a list of all the school principals so the Commissioners can give that information to the citizens for contacting them.
Chairman Carey asked if the Upsala Road property was included as one of the County’s open space areas, and it was determined that it was not. Chairman Carey said this property was looked at before for turning into a park. She asked Mr. Waring to find out if this property was considered in the inventory.
Chairman Carey said on the 28 acres on Lake Mary Boulevard, while there are some trees around the edges, there are some big open areas that just need to be mowed. Furthermore, she said the County’s Public Works Department has a lot of heavy equipment and can take out any stumps found in the middle of the field. She thinks they can find a field that only needs mowing closely. Mr. Waring explained he took the Projects Coordinator and Medians Coordinator on the site with him, and it is shocking how little space is ready for play now. He said it would need some work to keep children from being injured.
Chairman Carey explained she doesn’t think they need five acres to have one or two practice fields for a group of children. Whereupon, Mr. Waring said they could reduce the footprint if that is the direction of the Board. Chairman Carey stated they have to define what they are looking for and they are looking for a couple of fields for practice. She asked Mr. Waring how big of a field is needed. Mr. Waring said a typical soccer field is about one and one-half acres, so five acres would give them a little over three full-size fields. He said to just make them open space and let the parents put down cones. Chairman Carey asked Mr. Waring to go back and redefine what needs to be done and work with the Public Works Department. She is sure that for a community project, they can find some folks who would be willing to help.
Commissioner Dallari said he doesn’t really see any issue with the children using the fields at Sylvan Lake as long as they put stipulations that sleds or heavy equipment are not to be used. As long as the fields are being used for practice and it’s little kids and the fields are being rotated, he doesn’t see that this is any different than the other usage quoted earlier for 80% of the time.
Commissioner Horan said he respectfully disagrees with Commissioner Dallari. He has coached youth football, refereed youth lacrosse and raised funds for the programs, and until they get their public recreational fields set up adequately, he is strongly opposed to using public recreational fields for youth football. He agreed with Chairman Carey that youth football practice can take place on any type of open space, even if privately owned. He said government doesn’t have to provide everything to everybody. There are square miles of open space in this County and elsewhere that is privately owned and he suspects there are a lot of private landowners who would be amenable to having their properties utilized by youth football. He knows how football and lacrosse chew up a field; and with the present lack of space and recreational fields and priorities they have with the return on investment that the citizens have made in these facilities, until they get some fields that can be dedicated to football and lacrosse, he would strongly oppose those types of things. He thinks the memo they received from staff set out the numbers rather starkly that there is no way they could charge the organizations enough to make up for what the County would have to do to the fields after it’s all over.
Commissioner Van Der Weide stated he thinks the County does have to provide the fields, and he thinks they have to open up the fields they have for usage. There is going to be a cost to maintain them and that’s going to be an expensive proposition, but he’s not against it, and thinks they need to do it.
Upon inquiry by Commissioner Henley, Lisa Spriggs, Fiscal Services Director, addressed the Board to state she knows a portion of the fields at Sylvan Lake were funded through tourism taxes, and tournament events are hosted there.
Mr. Waring reported for this year out of the Tourism budget, it is $104,000 to $105,000; and out of the General Fund, it is about $39,000.
Commissioner Henley said he remembers it was bonded and there may have been some federal funds involved at the time. He remembers that several years ago, there was a big issue about the use and lighting of those fields; and there were communications regarding that. He said the fields were set up to meet international standards, and that’s why the Tourism Development Council was willing to come forth and help fund them. They were to make those fields available as an economic driver to put “heads on beds”. He thinks it is important they recognize they have to maintain those fields to meet the standards of international play if they are going to continue to try to attract those events, and they are in competition for those types of events.
Commissioner Henley stated he supervised for 40 years up to 35 different athletic teams, so he is very familiar with what it takes to upkeep a football field, particularly when you’re dealing with Bermuda rather than Bahia sod. He said this only emphasizes the fact that the County has been negligent through the years in trying to provide these types of activities and that’s why they are dealing with it now. That’s why he has been interested from the standpoint of the baseball complex. He has talked with Mr. Waring and Mr. Abel about the need to get enough space; and if they can’t get it at Yankee Lake, then abandon that and negotiate with somebody else to get the land they need. They need at least 100 acres if they are going to provide for baseball, practice fields, lacrosse and those types of activities. They need to commit to doing it and get it done, because they have talked about this for years but have not accomplished anything. He knows the site at Yankee Lake is not large enough to do what they want to do there plus take care of the multi-purpose fields that they need so badly. He said he would be reluctant to want to turn over a field at Sylvan Lake if they have alternatives. If that was the only location the County had, then it might be different to convert one of the fields over for local use and practice, but those fields were not put there for recreational purposes. He knows that Tourism Development expects a return on their investment in the fields. He explained that what’s happening now is they have teams that want two seasons, and it’s getting to be that some of the teams almost want a field year-round and the County cannot afford to allow them year-round on the soccer fields and still be able to compete to bring in the college and international play.
Commissioner Horan followed up on Commissioner Henley’s comments and said they do need about 100 acres of recreational fields. He would like to see them go ahead and move forward. He stated there is a property in Winter Springs now that is available for a possible swap for Jetta Point that could be used for these recreational ball facilities. He said the Board can’t keep making a decision, going so far and then changing direction and going into another direction. He suggested giving the staff clear direction as to what they want and see what the staff comes up with.
Upon inquiry by Chairman Carey, Commissioner Horan said there is property that used to be the Winter Springs Golf Course that is available, and there were 13 properties identified by Deputy County Manager Joe Forte in an analysis done a year and a half ago that never came before the Board.
Chairman Carey said the Winter Springs Golf Course was discussed before Commissioner Horan was on the Board, and that property has a conservation easement over it entirely, so she doesn’t know that they can do anything about swapping it. She stated the Board has started and stopped this process quite a bit. They need a key person who is not going to just look at the sports need but look at the land. They need a specific person assigned to talk to the landowners. She thinks what has happened is that nobody follows up with talking to the landowners to see if any of those properties are potentials. She agreed they do need to have some clear direction. She asked Mr. Waring when the Master Plan is expected to be completed and said she wants someone other than the Board or staff to say how many fields they really need. She said figure out what is needed and then they can figure out what opportunities there are or are not. From the documents she’s read and briefings she’s had, she is not sure that Yankee Lake is going to work because there isn’t enough usable land.
Chairman Carey stated they have to look at this as a development project and not as a sports project and have the Planning and Engineering staffs involved. This is a community effort and they almost need a committee of staff to look at the project. She iterated that she wants to hear from a professional who will say how many fields are needed, because the Board has to decide if it’s worth the investment. She asked for clear direction today about moving forward with getting the 28 acres on Lake Mary Boulevard teed up for at least two fields. She doesn’t think they need to totally sod these but remove the problem situations, put sod in those particular areas and get them mowed and ready for the fall. She noted that it’s not just Pop Warner football, but lots of teams are calling and the County does not have the ability to use the fields. She reviewed what happened in the past at Sylvan Lake Park and the restrictions. She reiterated that if the Board agrees, get the 28 acres going, form a committee of staff with a professional recommendation and identify and conquer one task at a time. She would think that by the end of the year, they should have a plan in place and something accomplished.
Commissioner Dallari said he believes the issue at hand is what to do with these little children now. Instead of trying to find out the end-all answer that is going to take another six months to a year, address the issue at hand and allow the children to use the fields at Sylvan Lake with certain restrictions that they can’t use sleds, they have to rotate and give them age limits.
Mr. Waring said his only issue with doing that is when he lets one football group in, the gate is open for all the football and lacrosse groups. Whereupon, Commissioner Dallari said he understands that and believes if they put in limitations, some children could be able to use the fields while they are trying to find a permanent fix.
Chairman Carey said the temporary fix for the children now is Soldiers Creek and Mr. Waring has identified that and shared that with the group. She understands if the parents don’t want to drive farther away than they have to, but the County can’t accommodate every community activity in a localized park. The group needs to accept that. Commissioner Dallari disagreed.
Discussion ensued between Chairman Carey and Mr. Waring on what could be accommodated at Sylvan Lake Park and Soldiers Creek. Mr. Waring said he knows there will be capacity issues; they will run out of space for other groups to use the Soldiers Creek facility. Upon further inquiry by Chairman Carey, Mr. Waring explained if the fields are resodded, it will take about two to three weeks of rest for the sod to take before putting anybody back on them.
Commissioner Horan reiterated his position. He said the School Board has a policy of no youth football; and the cities have a policy of no youth football and the reason for it has been set out in a memo from staff to the Board. He thinks this is a good policy and he doesn’t know why they are turning themselves upside down. He said he is opposed.
Commissioner Van Der Weide said he doesn’t know why they can’t get some accommodations like Lake Brantley High School that allows youths to play on their football field.
Chairman Carey stated she is not opposed to the youth using Sylvan Lake on occasion, but she doesn’t want them there all the time. She understands where the staff is coming from with the fields at Sylvan Lake Park; however, she does want to make sure the children have an opportunity to play on the County’s fields. She stated Soldiers Creek is an option and she would like the 28 acres to be looked at immediately for getting that ready for play in July.
Chairman Carey directed staff to contact all the football groups that have been calling; get Soldiers Creek available and the schedule; get the 28 acres ready for play in July; and if there is opportunity and availability intermittently at Sylvan Lake Park for kick-offs and those type of things, then get those booked. She advised she has had two or three football groups call her, lacrosse groups have called, and other people looking for fields have called. Since they know they have a shortage of multi-purpose fields, she asked staff to get this taken care of as an immediate task.
Commissioner Henley asked what it would take to get Jetta Point in a condition to be used for practice for some of the groups. Chairman Carey said it would probably take a lot more because Jetta Point has concrete on it. She said the 28 acres is the most centrally located.
Chairman Carey asked Mr. Hartmann to assemble a committee of the staff to work with the professionals and the Sports Commission to identify where they are going and what the need is so they can move forward on this, because they have all been talking about this for much too long.
Commissioner Henley said he shares Commissioner Horan’s thoughts that they don’t need to open up Sylvan Lake Park as long as there are other alternatives, and they do have alternatives. He said the next big push is going to be from the volleyball people as that sport has exploded. In looking for space, staff might want to also consider coming up with some type of warehouse facility to accommodate them. He said as long as you have kids involved in worthwhile activities, you won’t have to build more jails; but if they don’t provide for them, the money is going to go to building more jails. He noted that Lyman High School has allowed use of their practice fields for years, as with the gym and pool. He thinks they need to make an effort to convince the School Board that the decision should not be left up to individual principals, because that’s what causes criticisms.
During additional discussion, Chairman Carey said the County’s GIS staff could probably work with the Property Appraiser’s Office and identify within ten minutes every piece of property in this County that is a potential for size and location. She emphasized again that it has to be useable land and this has to be considered as a development project. Chairman Carey added that she will write to all the school principals to see if she can help assist with some of the schools coming forward as another option. She suggested the other Commissioners send letters to the schools in their districts to ask the principals to work with the youth groups and see what kind of response they get.
Commissioner Henley questioned if staff can be asked to see what Longwood Elementary School’s fields are being used for. Chairman Carey answered that the city of Longwood has this facility and it is being used as a community center. She asked staff to follow up on that with the City.
Chairman Carey stated another thing she would like to look at for a future item is the cost. She said there is a huge difference between the cost the schools are charging and what the County is charging to use its fields. She said if the County is not charging enough to be able to maintain the fields so that everybody can play, then maybe they need to look at that. They need to cover the cost or at least get closer to the cost of recovery of the fields.
Commissioner Dallari recommended sending a letter from Chairman Carey to the School Board Chairman asking them to help with the principals since they report to the School Board as well as the Superintendent. Chairman Carey said she would be happy to do that.
COUNTY ATTORNEY’S BRIEFING
County Attorney Bryant Applegate addressed the Board to introduce James Myers, summer extern student, who is a third-year law student at Stetson University. This is his second week with the County Attorney’s Office and they are very impressed with his work ethic.
Mr. Applegate said he had spoken with the Commissioners individually and sent to each this morning a brief summary asking the Board to give the County Manager authority to sign an agreement with the Department of Children and Families (DCF) when the time comes. This will allow certain staff members to access their on-line recipient integrated data access system, which means they can check for address and residency of recipients for Medicaid services billed to the County. He explained that the reason there is no agreement before the Board today is because DCF is asking first for the County Manager to be given the authority to sign. Staff has an approved draft agreement, but there are some confidentiality issues. He further explained that the staff people assigned to do this work will have to receive training on the confidentiality requirements under federal and state law and must sign a statement to that effect.
Motion by Commissioner Henley, seconded by Commissioner Horan, to authorize County Manager Jim Hartmann authority to sign an agreement with the Department of Children and Families (DCF) at the appropriate time regarding the residency of recipients for Medicaid billing services, as described and presented by the County Attorney.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey recessed the meeting at 11:23 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials (with Clerk of Court Maryanne Morse entering late) with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
FY 2011/12 MID-YEAR BUDGET AMENDMENT
Proof of publication, as shown on page ________, calling for a public hearing to consider the FY 2011/12 Mid-Year Budget Amendment Resolution, received and filed.
Karen Hufman, Fiscal Services, addressed the Board to advise the total adjustment of the countywide budget is $19,959,695 to the County’s beginning fund balance budget. She stated this adjustment is to true-up what they had budgeted to the Comprehensive Annual Financial Report (CAFR) fund balance. Included in this year’s agenda item is reconciliation to the actual fund balances reflected in the CAFR. The CAFR reported that the County had a fund balance of $1.5 billion; however, $920 million of this was for nonbudgetary items, such as fixed assets. She reviewed the net assets available for disbursement, the beginning fund balances projections, what items were included in the projections, the fund with the largest adjustment, what the scheduled detail by funds includes, how the $20 million adjustment will be allocated, and an executive summary that provides an overview of the funds that incurs the most significant true-up adjustments, as well as the primary factor that caused staff’s projection to be different than the actual results.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate FY 2011/12 Mid-year Budget Amendment Resolution #2012-R-103, as shown on page ________, as described in the proof of publication, as recommended by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
WOODMERE DRIVE WATER UTILITY SERVICE MSBU
Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance establishing a water utility service MSBU (non-ad valorem assessment district) for Woodmere Drive; and approval of a Resolution implementing Budget Amendment Request (BAR) #12-055, received and filed.
Carol Watral, Fiscal Services, addressed the Board to state the purpose of the request is to create the Woodmere Drive Municipal Service Benefit Unit for a water utility service extension to provide metered water distribution to each property along Woodmere Drive. The petition submitted to the owners of the property in the assessment boundary of the proposed MSBU demonstrated a 70% support rate among the ten benefiting properties. The total cost of the project is estimated at $119,860 and this includes $113,000 in contracted cost and $6,860 in non-contracted cost. Construction management and funding for this project will be coordinated by the Environmental Services Division with reimbursement provided following project completion via non-ad valorem assessment. The budget amendment request provides for transfer of the funding estimated for construction of the MSBU improvements. The preliminary assessment per each benefiting property (10) is $11,986, with a proposed 20-year installment term. Staff recommends approval of the request.
Ms. Watral and Kathy Moore explained for Commissioner Horan how the $6,860 administrative fee is calculated.
Commissioner Horan stated some of the cities have set up MSBU’s and it appears to him that, as a percentage of the amount spent, their administrative fees are much higher.
Ms. Moore stated staff has approached this conservatively and there was a timeframe, about ten years ago, where the administrative fee was based on a percentage of the project cost. The same amount of work can be put into a $50,000 project as a $150,000 project, and it wouldn’t be reasonable to charge a percentage cost. If they did that, they would have a higher administration fee and it would not be as affordable to the property owners. Staff tries to find a reasonable indicator of the time involved specific to the project.
A letter from Madeline Waldo supporting the water utility service was received and filed.
Sherri Duante, 1234-1238 Woodmere Drive, addressed the Board to state the residents have talked for many years about adding water utility to this area and they truly wish to have that service put in.
No one else spoke in support or in opposition.
Speaker Request Form and Written Comment Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan to adopt Ordinance #2012-11, as shown on page _________, establishing a water utility service MSBU (non-ad valorem assessment district) for Woodmere Drive; and approval of appropriate Resolution #2012-R-104, as shown on page ________, implementing (BAR) #12-055 to appropriate funding from reserves in the amount of $113,000 for same, as described in the proof of publication, with staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
Maryanne Morse, Clerk of Court, entered the meeting at this time.
VOLUNTARY BILLBOARD AGREEMENT/Lamar Co.
Proof of publication, as shown on page ________, calling for a public hearing to consider a proposed Voluntary Billboard Agreement to be located west of Interstate 4, approximately .6 miles south of SR 434 at 901 Douglas Ave., The Lamar Company, LLC, received and filed.
Brian Walker, Growth Management, addressed the Board to review the background of The Lamar Company. The applicant is proposing to remove two dual-faced billboards and replace a single faced billboard with a new dual-faced digital billboard. The proposed agreement will result in a net reduction of two billboards and three faces. He reviewed the height and setback requirements and display time of the new proposed billboard. The proposed billboard will be located in an OP zoning district and billboards are not normally permitted in this district. The proposed billboard will not meet the minimum separation requirements. Pursuant to the Seminole County Land Development Code (LDC), billboards may be permitted in any nonresidential zoning district or can vary from code separation requirements if the Board finds that the proposed location of the billboard is in the public interest. Per the agreement, the proposed billboard will be available for use by Seminole County, at no expense, for periodic public service announcements. Both billboards to be removed are conforming as to future land use, zoning, setbacks, height and size. The agreement includes written waivers and release by the sign owner, the property owner, and any sign lessees, to any claim against the County for further compensation or reimbursement regarding removal of specified outdoor advertising signs as required by the LDC. Staff received one letter of objection (received and filed) from Preben Knudsen, but did not have an opportunity to speak with him. Staff recommends approval of the request.
At the request of Chairman Carey, Mr. Walker displayed maps showing the location of the two billboards that are being removed. He identified the location of Mr. Knudsen’s property on the aerial map.
Upon inquiry by Chairman Carey, Mr. Walker advised the existing billboard is currently located on the northeast corner and it is closer to Mr. Knudsen’s property. The applicant indicated that their billboard will be in the same general vicinity within the easement and the exact location has not been specified.
Ralph Webster, applicant, addressed the Board to clarify Lamar Advertising is going to move the billboard to the south and away from the other property line so it can be away from the other building.
Upon inquiry by Chairman Carey, Mr. Webster advised that Lamar will have to obtain a permit from the Florida Department of Transportation (FDOT). He stated he believes the FDOT requires that the billboards change every six to eight seconds.
Todd Pierson, 921 Douglas Avenue, addressed the Board to advise his business is close to the proposed billboard and he believes it will create an eyesore. The current sign is not within code and the proposed sign will be way beyond the current code guidelines. He said he is 100% against the sign.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Upon inquiry by Commissioner Henley, Mr. Walker advised the two dual-faced billboards being removed are conforming, but the billboard that is going to be replaced is nonconforming.
Chairman Carey stated there are a lot of nonconforming billboards along I-4 and they can stay there indefinitely until they are torn down or destroyed. Mr. Walker confirmed that the billboard that is there now could stay indefinitely, even though it is nonconforming.
Commissioner Henley stated when the Board adopted this policy, the objective was to reduce the number of billboards (particularly nonconforming) in Seminole County. He stated this is the second billboard that is nonconforming that the Board is being asked to approve. He said he hopes this is not a trend that they are establishing. He added he has mixed emotions on this recommendation because they are replacing a nonconforming with a nonconforming. He said he is concerned about this almost to the point of not supporting it, but he likes the idea of gaining some from the standpoint of eliminating billboards.
Upon inquiry by Chairman Carey, Mr. Walker advised for every new board that goes up, four face boards come down, which is usually two billboards because most of them are dual-faced. The billboard that is being replaced is currently a wood structure and it would be replaced with a steel monopole. The current one being replaced is single sided.
Upon inquiry by Commissioner Van Der Weide, Mr. Walker advised the replacement billboard is dual sided and both sides are electronic.
Commissioner Dallari stated the issue he has is the intent of the ordinance is to reduce the size and it is supposed to be for the public interest. He said he does not see a public interest in this change, therefore, he will not be supporting a motion in favor of the request.
Chairman Carey stated if the Board doesn’t like the policy, they should have it come back for modifications.
Commissioner Van Der Weide stated FDOT is a major player with the billboards on I-4.
Upon inquiry by Commissioner Horan, Chairman Carey advised she believes there is a State standard and an industry standard for the electronic billboards. She stated if the County does not like the policy that they are using now, they may want to take a look at that.
Commissioner Horan recommended that the Board take a look at an ordinance that addresses billboard lighting. He said he understands that this contract would require them to comply with whatever standards that exist. The Board may want to consider an ordinance that provides additional standards to implement the public policy of reducing the intrusion of these types of billboards.
Chairman Carey reiterated if the Board doesn’t like the current policy, they may want to review same.
Bryant Applegate, County Attorney, stated his office will be happy to review the State standards and what other communities are doing and report back to the Board.
Commissioner Henley stated his concern is the County is not enforcing the policy and a new policy will not do any good if it is not going to be enforced. He stated as he sees it, and based on what he has seen and heard, this request doesn’t meet the separation, it is not zoned properly and it doesn’t meet the four faces.
Kathy Hammel, Growth Management, addressed the Board to clarify that the current policy is for four faces for one two-sided sign. Discussion ensued.
Chairman Carey stated that all the billboard companies were required to provide the public service announcements in all of their electronic billboard agreements.
Upon inquiry by Commissioner Henley, Mr. Walker advised he would have to provide information on how much usage the County is actually making of that agreement.
Chairman Carey stated the County would have to provide the public messages to the companies in order to put them on the electronic billboards. She stated the electronic sign that is located on the interstate advertises for the city of Sanford for every other rotation. She stated if the Board has an issue with the policy, she would like to take that up again.
Commissioner Van Der Weide stated the policy can be changed with a public hearing and he believes this is beyond policy. This is a situation that the Board has found that has not been addressed and it opens up a new situation relative to how it affects it now.
Chairman Carey stated if the Board wants to look at the policy of how these may be addressed in the future, the County Attorney recommended that the Board may want to table this until they have an opportunity to review same.
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan to approve the Voluntary Billboard Agreement, as shown on page _________, with Pope, LLC and The Lamar Company, LLC, to be located west of Interstate 4, approximately .6 miles south of SR 434 at 901 Douglas Ave., as described in the proof of publication, The Lamar Company, LLC, with staff recommendations, with the Board to address the billboard ordinance based on lighting.
Under discussion, Chairman Carey offered a friendly amendment that in the event there is an emergency situation, the one-time, once-a-month, three day rule would not apply. She stated if the County needs to get a message to the public that those emergency situations would be allowed on the billboards.
Mr. Applegate advised that they will have to incorporate it into the agreement before signature.
Commissioner Van Der Weide stated he is in favor of that because once the agreement is in place, they can notify the people of any emergency with a phone call. Commissioner Horan agreed to the amendment.
Commissioner Henley stated he will reluctantly support the motion because his issue is not as much with the lights but with the County not enforcing the existing policy.
Commissioner Dallari stated he will not be in favor of the motion because he feels it is not in the public interest and those issues should not be waived.
Chairman Carey stated the clear message she hears is the Board may want to go back and look at the policy to see if it needs some tweaking, to see if something needs to be done in the ordinance relating to the lighting function, and how they may need to move forward with the future technology. She stated the Florida Department of Transportation (FDOT) has done an extensive study on this which would be a great place to start. She reminded the Board that if this action passes, it does not guarantee that Lamar Company will be able to obtain a permit from FDOT.
Mr. Applegate advised the motion should include language that the agreement will be modified stating that Seminole County will be allowed to use the sign for public or emergency purposes.
Chairman Carey stated the public purpose is already clarified in the agreement, but she would like any kind of emergency information that would benefit the public be included in the agreement.
Mr. Applegate stated staff will incorporate that change and report back on the lighting standard issues.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Dallari voted NAY.
Chairman Carey recommended that the Board, if they have not had a chance, to visit the new Yankee Lake facility as it is pretty impressive.
Chairman Carey stated she and Commissioner Dallari visited the Wekiva Basin Plan project, which was rolled out by the Florida Department of Environmental Protection president. She stated she presented the resolution that the Board approved at the last meeting. She said a lot of dignitaries from the Southeast Division of National Parks and several other State and federal agencies visited the facilities as well. She stated it is great to see Katie’s Landing open to the public again and they have done a great job in reopening it as a state park.
Chairman Carey stated East Central Florida Regional Planning Council (ECFRPC) presented their proposed budget at the last meeting, and over the last couple of years, there has been a reduction in their assessment based on historical rates. The ECFRPC has assessed all of the governmental agencies that are the funding partners at 23 cents per capita and that amount would equal to almost $98,000. The fee proposed for this year for Seminole County is $69,622 and it was about the same amount ($69,237) last year. No action was taken on their budget as it was just given as informational purposes. She stated she shared this with the Acting Executive Director of the Council that if his budget included salary increases, to keep in mind that the County’s employees have not had salary increases for a number of years, and she wouldn’t be supporting any budget that is giving these agencies an increase if the County is not able to give their employees an increase.
Chairman Carey stated the HUD grant that was approved recently included work that will be done at the Altamonte SunRail station and as part of that, they will be appointing representatives on various boards, steering committees, advisory boards, etc. She stated Commissioner Horan has volunteered to serve as an appointee from the Planning Council or the BCC. Chairman Carey stated if any of the other Board members have an interest in serving, please let her know and she will make the appointment at the appropriate time.
Chairman Carey stated she met with Senators Gardiner and Simmons on May 10 and they discussed the transportation plan. She said she would like both senators to address this Board at the next meeting as a formal presentation or as a work session. She stated she is waiting to hear from them to see how they would like to proceed.
Commissioner Dallari stated he would like them to give a formal presentation to MetroPlan and a formal presentation or work session to the BCC.
Chairman Carey submitted a copy of a letter (received and filed) of support for a grant that the Central Florida Zoo is applying for or pursuing. She stated the Zoo is asking for a letter of support from the BCC.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize the Chairman to execute a Letter of Support, as shown on page _______, endorsing the Central Florida Zoo and Botanical Gardens applying for a grant application.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated at the last meeting she asked for names for an appointment to the MetroPlan Orlando Citizens Advisory Committee (CAC) and Commissioner Horan submitted a recommendation for Taylor Pancake.
Commissioner Dallari recommended Jennifer Finch for the appointment.
Commissioner Horan stated he would defer to Commissioner Dallari’s recommendation.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2012-R-105, as shown on page _______, appointing Jennifer Finch to the MetroPlan Orlando Citizen’s Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated there will be a ceremony on May 31st at 10:00 a.m. renaming the portion of 13th Street, from U.S. 17-92 to Dixie Way, in Goldsboro as the Historic Goldsboro Blvd. The location of the ceremony will be at the Goldsboro West Side Historical Museum on 13th Street. She stated in effort to recognize Goldsboro’s heritage, and at the request of Dr. Velma Williams, Sanford City Commissioner, the street will be renamed effective June 1. She invited everyone to join in the celebration.
Chairman Carey reminded everyone of Memorial Day, Monday, May 28th, and stated the city of Sanford will be having a parade. She stated Memorial Day was started in remembrance of the military making the ultimate sacrifice. She stated the parade will begin at 10:00 a.m. on First Street. She said she hopes everyone will come out to support the patriotic efforts; and it will conclude with a ceremony immediately after the parade at the Veteran’s Memorial Park on the Riverwalk.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of letter dated April 23, 2012 to Attorney Stephen Coover from Joe Forte, Deputy County Manager, re: Solara Apartment Alternative School Impact Fee Study.
2. Copy of letter dated April 25, 2012 to Chairman Tina Calderone, Seminole County School Board, from Chairman Brenda Carey re: appointment of Commissioner John Horan to the Public School Facilities Planning Committee.
3. Letter dated April 27, 2012 to Chairman Brenda Carey from Diane Pickett Culpepper, Bright House Networks, re: programming changes.
4. Letter dated April 27, 2012 to Chairman Brenda Carey and the Seminole County Commission from Mira Tanna, Fair Housing Program Manager, Community Legal Services of Mid-Florida, Inc., re: assistance offered to local governments.
5. Copy of letter dated April 30, 2012 to Samantha Dupree, Florida Fish and Wildlife Conservation Commission, from Jim Duby, Program Manager, Seminole County Leisure Services, re: tortoise relocation to the Chuluota Wilderness Area.
6. Copy of letter dated May 3, 2012 to Hans Tanzler, III, Executive Director, St. Johns River Water Management District, from James K. Hartmann, Seminole County Manager, re: Water Supply Impact Study – Entrainment and Impingement.
7. Letter dated May 4, 2012 to Chairman Brenda Carey from James D. Stansbury, Regional Planning Administrator, Florida Department of Economic Opportunity, re: completion of review of the Comprehensive Plan Amendment adopted by Seminole County (No. 12-1ESR).
8. Copy of letter dated May 7, 2012 to Franklin Martz, Altamonte Springs City Manager, from James K. Hartmann, Seminole County Manager, re: Vacating Arletta Street and Albermarle Road.
9. Copy of memorandum dated May 7, 2012 to All Florida Communities in the National Flood Insurance Program from Bryan W. Koon, Director, Division of Emergency Management, re: Impact of HB503 language on NFIP regulation 44CFR 60.3(a)2.
10. Memorandum dated May 7, 2012 to Chairman Brenda Carey from Howard Douglas, Community Assistance Consultant, Florida Division of Emergency Management, re: Advance Notice of Change.
11. Copy of letter dated May 7, 2012 to Mr. Steve Waring, Parks and Recreation Manager, from Michael Timmons, V.P., Central Florida Youth Football, re: Rental of Fields at Sylvan Lake Park for fall 2012.
12. Copy of letter dated May 8, 2012 to Ms. Tawny Olore, SunRail Program Manager, Florida Department of Transportation, from Chairman Brenda Carey re: SunRail Technical Advisory Committee Representative and Alternate.
13. Copy of letter dated May 11, 2012 to Mr. James K. Hartmann, County Manager, from Franklin W. Martz, Altamonte Springs City Manager, re: Vacating Arletta Street and Albermarle Road.
14. Copy of letter dated May 11, 2012 to Mr. Ali Esshaq, V.P. Corporate Development, Cogen Development, from James K. Hartmann, County Manager, re: long-term water supply plan.
15. Copy of letter dated May 15, 2012 to Laura Bevan, Southern Regional Director, Humane Society of the United States, from James K. Hartmann, County Manager, re: Florida Black Bear issues.
16. Memorandum dated May 17, 2012 to the Board of County Commissioners from County Attorney Bryant Applegate re: Code Enforcement Board Liens on Foreclosed Properties; additional analysis requested after review of memo dated May 8, 2012.
17. Notices of Public Hearing from the City of Sanford scheduled for May 17, 2012 re: 815 French Avenue, R.T. Hillery, applicant, and 3795 Brisson Avenue, Stephen Coover, applicant.
18. Notice of Public Hearing from the City of Longwood for May 21, 2012 re: 530 Dog Track Road, Northland Church, applicant.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Dallari stated while attending the Wekiva River dedication, he and Commissioner Carey received a DVD (received and filed) on the Wekiva Wild and Scenic River System Comprehensive Management Plan. He submitted same to the Board.
Commissioner Dallari stated the Board has had discussions regarding outsourcing Information Technology (I.T.) and Human Resources (H.R.). He stated he was under the impression that staff would be bringing back the numbers and it is difficult for the Board to be prepared in August during the Budget work sessions to look at the budget when trying to do some outsourcing and will be waiting another year to do that.
Chairman Carey stated she believes that the County Manager is intending to make some changes in some of the departments. There is nothing that would prevent the Board from making any changes in the middle of the year. She stated the County has had good and bad experiences in outsourcing I.T. and it is important that they take the right steps. The Florida Association of Counties has a program for H.R.
Mr. Hartmann stated the difficulty here is to try to come up with a realistic budget number in June and July to support the Board’s decision on whether or not they should outsource portions or all of two of their major divisions. He said he feels it will require more study. He stated in the case of H.R., there are many components that they have to be mindful of in putting together the proper analysis. He added he and Ms. Spriggs are interested in getting more information about this before they make a recommendation. He said he doesn’t think they have the internal manpower and the time to obtain an analysis with their resources as there are some conflicting things going on. He stated if the Board wants to pursue this, he feels that they need some consulting resources in order to do it.
Commissioner Horan stated if they are going to outsource two departments, they are probably not going to get unbiased information if it is done in-house. He stated he has no problem with outsourcing, but he would like to see the reorganization performed operationally first to see where it might be or might not be beneficial in the operation of the facility of this organization. He added he is not ready to spend that kind of money on an outside consultant until he sees how they do with the reorganization.
Chairman Carey stated she feels that staff has the ability to look at outsourcing when there are small projects that need to be done. She stated, for example, that if a small contractor was hired to renovate the Roumillat Building, the building would have been occupied in less than 60 days instead of by the end of July. She added she feels there are things they can do if they think more along the line of efficiencies and accountability.
Commissioner Van Der Weide stated he feels it would be fair to give the new County Manager a chance to either succeed or fail. He stated he feels they need to take a second look at a couple departments.
Chairman Carey stated she hopes that the County Manager’s staff is confident enough in their own ability to consider outsourcing so they can make their departments more efficient. She stated there has to be a certain level of trust and dedication to the organization to recommend what is best for them.
Commissioner Henley stated he is not real keen on outsourcing, particularly I.T., as they have been down that road and it was expensive and inefficient. He stated he feels at this particular time, it is important for them to allow the proposed reorganization to begin to function to see if they wind up with more efficiency and more cost effectiveness in those two departments. He said changes have been made in that organization and he would like to give it a chance to see how well it functions before they consider the drastic change of outsourcing I.T.
Chairman Carey stated it sounds like the majority of the Board would like to move forward with the realignment plan to see where that leads them.
Commissioner Dallari stated he would like to discuss proper notification to District Commissioners when issues take place. He stated there was an issue that took place in the Carillon Subdivision and he was notified about it from the resident of that subdivision. He said staff was fully aware of the issue and he was not sure when they were going to inform him. He said this is not the first time that this has happened and he wants to make sure that the BCC gives instruction to staff that if something of significance happens, that the District Commissioner and Chairman should be aware of what is going on. He added he is extremely upset that the Board was not informed properly.
Chairman Carey recommended that something be placed in the County Manager’s policy about procedures so that every department head, or whoever needs to, notifies the District Commissioner.
Commissioner Dallari stated the Public Safety Director, Tad Stone, continuously texts him when something significantly goes on in Seminole County.
Chairman Carey requested that the County Manager create a formal policy.
Commissioner Henley stated he shares Commissioner Dallari’s concern as he has had the same situations as well. He stated he feels it would be helpful if the County Manager determines who will be responsible for keeping the district commissioner up to date.
Mr. Hartmann stated he has made it clear to staff that in the future the District Commissioner has to be notified. He stated the County has just done in-house training in communications with a number of employees in a number of departments and he will make sure that this becomes more focused.
Chairman Carey stated until a policy is in place, the County Manager needs to submit a memorandum to the departments to identify who will be the key person.
Commissioner Dallari stated there was a power outage at the lift station in Carillon and he has not had a full briefing on that. He said the County needs to make sure that if the power company was responsible that they would be responsible for part of the payment.
Mr. Applegate stated he already has his department looking at that issue.
Commissioner Dallari stated he wants to ensure that there is a remedy and fix so that this doesn’t happen again. He stated this issue has been going on for over five weeks and he still doesn’t have a full briefing or full information.
Chairman Carey recommended that the County Manager have a member from his staff visit Commissioner Dallari’s office to give him a full briefing on this.
Commissioner Horan stated he feels that, in the lesson to learn department, the Risk Management Committee should review the procedures in responding to claims that Commissioner Dallari spoke of. He stated the people in that subdivision were inconvenienced for quite some time before the County was able to respond in a meaningful way.
Commissioner Horan stated he has volunteered for the Steering Committee on the HUD Grant and he knows there are other Board members and staff that are very involved in SunRail and MetroPlan. He stated he has no problem with another Board member or staff member being involved in this position.
Chairman Carey clarified that at ECFRPC, she suggested to the Executive Director that he look at who is already involved. She suggested that maybe those people serving on the DOT Committee and SunRail Committee could be serving on the HUD Grant Committee as well. The Executive Director is looking at whether there could be duplicate assignments and they can meet the HUD Grant requirements by not going out to recreate at wheel.
Commissioner Horan stated he was very proud to see the Extension Services Division conduct the sixth graders 4-H public speaking contest in the Chambers last week. He stated it has been televised and he feels everyone will be impressed with the talent and imagination in the presentations that these 12-year olds gave. He thanked Tropicana for sponsoring the event.
Commissioner Van Der Weide read into the Record a Proclamation (received and filed) to encourage citizens to participate in the Memorial Day’s Moment of Remembrance.
Chairman Carey clarified that it is a proclamation to take Memorial Day back to always being on May 30. She stated it isn’t something that the County has control over.
Commissioner Henley referred to a letter (received and filed) from Jake Stewart, Central Florida Partnership, regarding being a part of the community traveling team for 12 days to Turkey. He stated he was invited to go as a member of the Congress of Regional Leadership Board. He said he has not responded to date as there is an application fee in the amount of $300, which he will pay if he decides to go. He added that day conflicts with part of the week that he already has planned. He stated if he cannot attend, he would recommend that one of the Board members or the County Manager attend in his place.
Commissioner Henley stated Commissioner Dallari is in a position to where he can become Chairman again in a couple of years on MetroPlan.
COUNTY MANAGER’S REPORT
Mr. Hartmann stated he has been invited by the American Society of Public Administration to attend a conference in Seoul, South Korea, on June 26 at his expense and he would like the Board to allow him to miss that BCC meeting. No objections were voiced.
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated he continues to brief various departments on the use of e-mails and trying to change their mindset on that as well as public records and an overview of the Code of Conduct.
Mr. Applegate stated just days ago the Court required Allied Veterans to produce their financial records and they filed a motion to dismiss. He said he will keep the Board posted on this.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:55 p.m., this same date.