BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JANUARY 10, 2017

 

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, January 10, 2017, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman John Horan (District 2)

Vice Chairman Brenda Carey (District 5)

Commissioner Robert Dallari (District 1)

Commissioner Lee Constantine (District 3)

Commissioner Carlton Henley (District 4)

Clerk of Court and Comptroller Grant Maloy

County Manager Nicole Guillet

County Attorney Bryant Applegate

Deputy Clerk Terri Porter

 

 

Commissioner Henley gave the Invocation and Commissioner Constantine led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Todds Tomatoes was presented.

AWARDS & PRESENTATIONS

Item #1 2016-437

Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2017-R-01 recognizing Noranne Downs, P.E., District 5 Secretary, Florida Department of Transportation, for her outstanding service to the State of Florida and Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

Secretary Downs addressed the Board to express her appreciation.

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Nicole Guillet, County Manager, advised staff has asked that Item #5, request to approve the plat for the Frost Estates subdivision, be pulled from the agenda.

Commissioner Henley requested that Item #1A in regard to an Amendment to the Lease Agreement with the Central Florida Zoo be pulled for separate vote.

With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.

COUNTY MANAGERS CONSENT AGENDA

Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve the following:

County Managers Office

Business Office

1A. Pulled for separate discussion and vote by Commissioner Henley.

Emergency Management Division

2. Approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and the City of Sanford for Severe Weather Awareness Week, Touch-A-Truck Public Outreach Special Event. (A-3057-16)

 

Community Services

Business Office

3. Approve appointment of Latrice Stewart and Marni Stahlman for a two-year term to the Board of Directors of the Local Health Council of East Central Florida, Inc. (A-3033-16)

 

Development Services

Planning & Development Division

4. Authorize release of the Private Road Maintenance Bond #SU1128418 in the amount of $37,324.81 for Terracina @ Lake Forest; Taylor Morrison of Florida, Inc., Principal. (A-3032-16)

5. Pulled from the Agenda request to approve the Plat for the Frost Estates subdivision containing (3) lots on 16.28 acres zoned A-5 (Agriculture), located on the west side of Coffee Trail, north of Lake Geneva Road; Jeremiah Frost, Applicant. (A-3018-16)

 

Environmental Services

Business Office

6. Authorize release of Maintenance Bond #800015810 for Water & Sewer Facilities in the amount of $36,144.12 for the project known as Lakeside Estates; and release of Maintenance Bond #59BSBGQ7538-A for Water & Sewer Facilities in the amount of $29,095.80 for the project known as Tuska Reserve; Meritage Homes of Florida, Inc., Principal. (A-2948-16)

 

Information Services

Business Office

7. Approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and the Seminole County Sheriff's Office for the security of criminal justice information systems. (A-3115-16)

 

Leisure Services

Parks & Recreation Division

8. Approve and authorize the Chairman to execute the Third Renewal for the Facilities Use Agreement with Spring Break Sports, Inc., which is the final renewal of the agreement for priority use of the Countys tennis courts during February through April, 2017. (A-3117-16)

 

Public Works

Engineering Division

9. Approve and authorize the Chairman to execute an acceptance of a Special Warranty Deed from the School Board of Seminole County to Seminole County for acquisition of additional right-of-way for the construction and maintenance of a sidewalk on Old Lockwood Road. (A-3113-16)

10. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-02 authorizing a Purchase Agreement between Florida Department of Transportation (FDOT) and Seminole County; and a County Deed conveying property (Parcel Number 117.1R) needed to construct the SR 429 (Wekiva Parkway) right-of-way project. (FDOT FPN 240200-2) (A-3107-16)

 

Resource Management

Budget and Fiscal Management Division

11. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-03 implementing Budget Amendment Request (BAR) #17-023 through the General Fund in the amount of $129,122 to re-establish operating budgets within the Emergency Management and Mosquito Control Programs for Hurricane Matthew-related expenditures and appropriate offsetting reimbursement revenue from the Federal Emergency Management Agency (FEMA). (A-3071-16)

12. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-04 implementing Budget Amendment Request (BAR) #17-024 through the General Fund to appropriate budget of $83,880 from Reserves and through the Fire Protection Fund to appropriate budget of $44,210 from Reserves, in the total amount of $128,090, for Computer Aided Dispatch software applications, additional software licenses, and training. (A-3078-16)

13. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-05 implementing Budget Amendment Request (BAR) #17-025 through the 2014 Infrastructure Sales Tax Fund in the amount of $660,130 from Reserves for the North Street, Dog Track Road and Seminola Boulevard paving projects. (A-3081-16)

Purchasing & Contracts Division

14. Approve Amendment #2 to RFP-601311-11/BJC, Employee Insurance Benefits Consulting Services Agreement, with Hylant of Orlando LLC, Winter Park; and authorize the Purchasing & Contracts Division to execute the documents. (Annual compensation - $75,000) (A-2881-16)

15. Approve Amendment #2 to RFP-601929-14/TLR, Term Contract for Temporary Staffing Services, with Howroyd Wright Employment Agency, Inc., d/b/a AppleOne Employment Services, Huntington Beach, CA; and authorize the Purchasing & Contracts Division to execute the Amendment. (A-3060-16)

16. Approve Assignment of RFP-600909-10/GMG, Term Contract for Utility Rate Studies for Water, Wastewater and Solid Waste Divisions, from Burton & Associates, Inc., St. Augustine, to Stantec Consulting Services, Inc., New York, NY; and authorize the Purchasing & Contracts Division to execute the documents. (A-3088-16)

17. Award CC-1099-16/RTB, Yankee Lake WRF Renewal and Rehabilitation Agreement, in the amount of $2,408,000 with Wharton-Smith, Inc., Sanford; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-3080-16)

18. Approve SS-602755-17/TLR, Proprietary Source Procurement, OnBase Software for Dispatcher Phoenix, with Hyland Software/OnBase, Ohio, for the first years maintenance cost in the amount of $71,758.11; and authorize the Purchasing & Contracts Division to issue purchase orders on an as-needed basis. (A-3059-16)

19. Approve Amendment #9 to RFP-600933-10/TLR, Lease Agreement for Multifunction Devices and Management Software Services with Copytronics, Inc. d/b/a Copytronics Information Services, Winter Park, in the amount of $97,416.75; and authorize the Purchasing & Contracts Division to execute the Amendment. (A-3063-16)

20. Approve M-1243-17/AEJ, Single-Source Miscellaneous Agreement, Architectural/Engineering Services for Fire Station 29 Repackage Design, in the amount of $88,136 to C.T. HSU Associates, P.A., Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-3082-16)

21. Approve Change Order #1 to CC-0509-15/AEH, Spring Lake Elementary School Sidewalk Construction, with MCG Services, Inc., Orlando, in the amount of $171,236.35; and authorize the Purchasing & Contracts Division to execute the Change Order. (A-3079-16)

22. Approve ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute (1) Master Consultant Services Agreement (MSA) PS-0504-16/AEH for Construction Engineering and Inspection Services for Minor LAP Construction Projects Less Than $2,000,000. (Estimated annual usage of $1,500,000) (A-3077-16)

23. Award CC-1062-16/AEH, Construction Services Agreement for North Street, Dog Track Road, Seminola Boulevard Curb Ramp Replacement and Resurfacing Project, in the amount of $1,895,963.67, to Preferred Materials, Inc., Kissimmee; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-3070-16)

24. Approve Amendment #2 to Work Order #44 under PS-8148-12/JVP, Master Services Agreement (MSA) for Construction Engineering and Inspection Services with Atkins North America, Inc., Orlando, for the Spring Lake Elementary School Sidewalk in the amount of $43,582.26; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (A-3075-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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Consent Agenda Item #1A A-3019-16

 

In regard to the request to approve a Third Amendment to the Lease Agreement with the Central Florida Zoological Society, Inc., Commissioner Henley advised he will be voting against the amendment because it allows for the sale of hard liquor and the Zoo already has the privilege of selling beer and wine. He added he feels that selling hard liquor with the location of the Zoo being where it is could put the County at greater risk with people pulling out of that facility onto U.S. Hwy 17-92.

Commissioner Dallari stated in talking with the Zoo over the past couple of years or year and a half, he keeps asking for a business plan and he has not yet seen any. Ms. Guillet responded to his question saying she has not seen a business plan either. Commissioner Dallari noted that they had talked about an MOU with the college as well as the school system and he is wondering where they are with that because now they are asking for changes to their agreement.

Commissioner Carey said the change they are asking for is to be able to serve liquor at a special event, not in the park every day. Commissioner Henley noted they sell beer and wine every day whether children are there or not. Commissioner Carey noted she understands the request because if someone was having a wedding or an event and they wanted to have a full bar available, they do not have the ability to do that now even if a caterer comes in with a liquor license. She is not opposed to their request.

Commissioner Dallari stated that normally when you are providing alcohol, the volume is based on a percentage of meals. Ms. Guillet advised that the terms of the amendment state that alcohol has to be served in conjunction with a food element; it does not specify that it has to be a full service meal. Commissioner Dallari expressed that he would like to see in the agreement more definition of what a food element actually is. Chairman Horan stated he shares Commissioner Henleys concern about what could happen if people had too much to drink during a special event and it is on county property. He added he presumes the County Attorneys Office has the appropriate protections in the document itself, and also with regard to the contracts that are entered into with the special event sponsors, there is appropriate insurance, indemnifications, etc. He added he also shares Commissioner Dallaris concerns about the business operations at the Zoo.

Commissioner Henley explained his concern is that they already have a problem with some service stations, for example, that are selling to underage. He questioned who would be responsible for enforcing that. Bryant Applegate, County Attorney, advised the Zoo would be the ultimate responsible party, but if they are in a separate contract with a vendor or caterer, they would also be responsible to ensure that they do not sell to underage individuals.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute a Third Amendment to the Central Florida Zoo and Botanical Gardens Lease Agreement with the Central Florida Zoological Society, Inc.

Districts 2, 3 and 5 voted AYE.

Commissioners Dallari and Henley voted NAY.

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The Chairman asked the Zoo representatives in attendance to address the issue with regard to where the Zoo is going and financial reporting. He noted that Commissioner Constantine is the Boards liaison who does share reports periodically.

Charles Davis, Chairman of the Zoo board, addressed the Board to respond to Chairman Horans request. He advised they are currently putting together the business plan the Board has asked for. He explained that last year, they had their AZA inspection, so they had to address some issues with their facility to keep their AZA credentials in place. They put almost $300,000 into the park and they put the AZA issue in the forefront over the momentum they had had with the education element. He noted they have gone through their AZA inspection and will find out in March how they did; they did well preliminarily because they were impressed with the changes that were made. He pointed out they will be doing the business plan over the next 60 days; and as soon as the master plan is approved, they will be coming back to the Board to present it. He expounded that last year was a tough time at the Zoo, they spent almost every dime they had to bring the facility up to speed, and the maintenance had been lackadaisical at the Zoo over the last 40 years and it hit them all at one time. They will now get back on track and continue moving forward. The bear habitat is currently under construction and they are looking at mid-March to early-April for its opening.

Commissioner Constantine stated the AZAs evaluation of the Zoo was critical in keeping the doors open. For a long period of time the Zoo had some major issues, not in regard to the treatment of animals but with the facility itself which costs a lot of money. He noted at the Zoos board meetings, they have discussed the plans, the budgeting concerns, and the fact that the Commissioners are waiting for the final plan. Mr. Davis noted they have a Species Survival Plan (SSP) and those species include their rhinos, otters, cheetahs and one of the giraffes. If they had lost their AZA accreditation, those animals would have gone away. He opined their animal care is extraordinary, but the issue was with their facilities. He advised that AZA has been getting a lot of pressure from PETA (People for the Ethical Treatment of Animals) and other organizations about upping zoo facilities. The Central Florida Zoo is an older facility; newer facilities dont have this problem. So, they needed to focus on it this year. Commissioner Carey opined that people dont want to see animals in cages anymore; they want to see animals in their natural habitat which is very expensive. She added as rules, guidelines and the publics opinions change, they are going to have to make some significant investments into the Zoo. She feels it would be a great loss for the community if the Zoo did not exist.

Commissioner Dallari stated he is very much in support of the Zoo, but his frustration is that he believes there was a lack of information from the Zoo board to this Commission. He was unaware there was even an issue with the AZA certification. He added someone should have communicated to them that the Zoo board is aware the County Commission is looking for the business plan, but that they needed to put it at bay for X amount of months or at least until they are done with the issues. He believes the level of detail should be stepped up, not so the Commission gets involved in Zoo business but to at least understand what they are going through. Mr. Davis said he will commit to get with their staff and start doing a quarterly report for this year. He remarked that the reports do go to the TDC (Tourism Development Council) but he will make sure they also are distributed to the members of the Commission. He agreed that there was a lack of communication.

Commissioner Henley pointed out that for a long time, the Tourism Development Council had no financial report regarding the Zoo at all, so they didnt know how, except for assumptions, the money provided by this Commission through Tourist Development was being used. They started providing the report but the report was in question from time to time because it primarily explains how the money provided through TDC is spent and the gate receipts, but any philanthropy that the Zoo gets or how much revenue they get as a result of leasing out for special events and things like that had not been addressed. He added he believes that would help in understanding the total financial picture because he knows the Zoo is struggling from a financial standpoint to meet all of the standards as required by AZA. He feels communication would cause the members of the TDC to feel more confident that the Zoo is working to deal with their problems rather than simply asking the government to cover it all.

Commissioner Carey stated as the representative on the Zoo board, Commissioner Constantine gets an agenda when he attends a meeting that contains financial reports and he could have it scanned and emailed to all the Commissioners. Mr. Davis stated they provide the TDC with a report only on the information they ask for, and he believes this issue can be taken care of with a quarterly report as he stated earlier. Chairman Horan said he thinks it is important to have transparency with a partner who is providing some major funding. The more information they have on the Zoos financial status on an ongoing basis in real time, the more comfortable this Commission will feel about directions they make regarding the Zoo. He agreed that greater sunlight in that area would be welcome. He noted he has never attended an event at the Zoo that he did not thoroughly enjoy and it is a great venue for events.

Commissioner Constantine reported there is an event on Saturday at the Zoo, the Sonnys Barbeque Smokin Showdown. He said he attended last year and there were hundreds, if not thousands of people.

Commissioner Constantine remarked he thought all the Commissioners had been receiving the financial reports. He did not know it was something they wanted from each Zoo meeting, so he asked that Mr. Davis provide the information. He noted the reports are fairly large and that each Commissioner may want to decide which parts of these reports they are interested in which may be easier as they go forward.

Dr. Philip Flynn, President and CEO of the Central Florida Zoo and Botanical Gardens, addressed the Board to note that AZA stands for Association of Zoos and Aquariums.

CONSTITUTIONAL OFFICERS CONSENT AGENDA

Clerks Office

Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize and approve the following:

25. Approve Expenditure Approval Lists dated November 28, December 5, 19, and 27, 2016; and Payroll Approval Lists dated December 1 and 15, 2016. (A-3126-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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The Board noted, for information only, the following Clerks Received and Filed:

1.    Tourist Tax Funding Agreement for 2016 Feed the Beast Baseball Tournament with Nations Baseball of Greater Orlando.

 

2.    Tourist Tax Funding Agreement for 2016 Baseball Blizzard with Nations Baseball of Greater Orlando.

 

3.    Tourist Tax Funding Agreement for 2016 Santas MLB High School Workshop/Santa Claus Turbo Event with Nations Baseball of Greater Orlando.

 

4.    Tourist Tax Funding Agreement for 2016 ECNL Florida Event with Elite Clubs National League.

 

5.    Parks Contract for Services Agreements with Sophia Pengra, Hannah Bevan and Charles Vanscoy.

 

6.    Pet Rescue Cooperative Service Agreement with Pet Alliance of Greater Orlando.

 

7.    The Senator Artwork Gift Agreement with the City of Casselberry for Timucuan Ceremonial Owl, as approved by the BCC on June 14, 2016.

 

8.    Fully executed 2017 Florida Community Services Block Grant (CSBG), Bridge Funding Subgrant Agreement #17SB-0D-06-69-01-025/E1903, with Florida Department of Economic Opportunity (DEO).

 

9.    Fully executed Federally Funded Sub-Award and Grant Agreement with Florida Division of Emergency Management through the 2016 State Homeland Security Grant Program to purchase WebEOC Software, as approved by the BCC on October 11, 2016.

 

10.    Letter dated November 28, 2016, from Tina Smith, Tax Deed Clerk, to the Board of County Commissioners re: Tax Certificate for Lands Available for Taxes Listing, Tax Deed Sale of October 20, 2016, Parcel ID #36-19-30-515-0K00-065B.

 

11.    Letter dated December 6, 2016, from Judy Eckenroth, Tax Deed Clerk, to the Board of County Commissioners re: Tax Certificate for Lands Available for Taxes Listing, Tax Deed Sale of November 3, 2016; Parcel ID #35-19-30-518-0100-0070.

 

12.    Water and Sewer Bill of Sale for the project known as Wawa Convenience Store, SR 46; Wawa Florida, LLC.

 

13.    Revised Drainage Easement with KHSB Enterprises, LLC.

 

14.    Recording of Plats and Title Opinion for the project known as Gillio Estates.

 

15.    Annexation Ordinance #16-2105 adopted by the City of Longwood on December 19, 2016.

 

16.    Addendum #5 to Developers Commitment Agreement (DCA) #16-20500042 for Oviedo Crossroads PD.

 

17.    Developers Commitment Agreement (DCA) #15-20500035 for Somerset at Sanford Farms PD.

 

18.    Development Order #16-27500034 for Alcoholic Beverage License for the project known as Southern Star, LLC, d/b/a AmStar 12 Lake Mary.

 

19.    Approval Development Orders as follows: #16-30000085, 1645 Kersley Circle, Christopher and Kelly Gillman; #16-30000068, 133 Bridgeview Court, Jesse Burd; #16-30000069, Lot 15 Morning Dew Loop, Randall Thevenet & Matilde Adorno; #16-30000070, Lot 49 Dixon Avenue, Vincent Williams; #16-30000072, 1393 Foxtail Court, Martin & Lauren Linusson; #16-30000073, 319 Tuska Reserve CV, Saurin & Prapti Patel; #16-30000074, 500 Lakeshore Circle, Debra Stemples; and #16-30000071, I-4 Industrial Park (9 Lots), Space Port USA Inc.

 

20.    Right-of-Way Utilization Permit Maintenance Bond #3380199 (Streets, Curbs, Storm Drains) in the amount of $1,306.70 for the project known as The Crown Center, Markham Woods Road and Commerce Park Drive; Silver Sea Development, LLC.

 

21.    Right-of-Way Utilization Permit Maintenance Bond #0190026 (Streets, Curbs, Storm Drains) in the amount of $12,351.21 for the project known as Aulins Landing at Oviedo f/k/a Enclave at Sanctuary; M/I Homes of Orlando, LLC.

 

22.    Right-of-Way Utilization Permit Maintenance Bond #CMS293527 (Streets, Curbs, Storm Drains) in the amount of $2,018.89 for the project known as Reserve at Legacy Park; Pulte Home Corporation.

 

23.    Maintenance Bond #SEIFSU0693775 for Streets, Curbs, and Storm Drains in the amount of $59,058.00 for the project known as Wawa; Oviedo Point Investors, LLC.

 

24.    Certificates of No Recall for SOKC LLC and Penn Sanford LLC, dated December 20, 2016.

 

25.    Certificate of No Recall for R.B. Jai Alai LLC, dated December 5, 2016.

 

26.    Florida Public Service Commission Order #PSC-16-0526A-PCO-WS, Amendatory Order re: Application for increase in water and wastewater rates in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco, Pinellas, Polk, and Seminole Counties, Docket #160101-WS, issued December 2, 2016.

 

27.    Florida Public Service Commission Order #PSC-16-0545-CO-EQ, Consummating Order re: Petition for approval of modifications to standard interconnection agreement contained in the approved tariff, Docket #160140-EQ, issued November 30, 2016.

 

28.    Florida Public Service Commission Order #PSC-16-0521-TRF-EI, Order Setting Revenue Requirement associated with the Acquisition of the Osprey Plant and Order Approving Dukes Motion Requesting Withdrawal of Tariffs for Phase 1 of the Hines Project approved in Docket #160128-EI, issued November 21, 2016.

 

29.    Florida Public Service Commission Order #PSC-16-0539-CO-WS, Consummating Order re: Application for limited proceeding water rate increase in Marion, Pasco, and Seminole Counties, Docket #150269-WS, issued November 28, 2016.

 

30.    Florida Public Service Commission Order #PSC-16-0526-PCO-WS approving interim rates and suspending proposed final rates, Docket #160101-WS, issued November 22, 2016.

 

31.    Letter dated December 8, 2016 from Maryanne Morse, Clerk of the Circuit Court & Comptroller, to John Horan, Chairman of the BCC re: Agenda Item #35, 12/13/16 BCC Meeting, in connection with Budget Amendment Request #17-015 in the amount of $25,000 to Moore Stephens Lovelace, P.A. re: Request to audit the Clerks operations.

 

32.    Letter dated December 12, 2016 from Maryanne Morse, Clerk of the Circuit Court & Comptroller, to John Horan, Chairman of the BCC re: Agenda Item #31, 12/13/16 BCC Meeting, in connection with a request to amend the Administrative Code for a newly created position, External Investment Advisor.

 

33.    Letter dated December 15, 2016 from Thomas K. Maurer, Foley & Lardner LLP to Lynn Porter-Carlton, Deputy County Attorney re: Counsel Engagement in connection with the former Cumberland Farms facilitys petroleum impacts.

 

34.    Amendment #3 to Work Order #4 to PS-0009-15 with Inwood Consulting Engineers, Inc.

 

35.    Amendment #2 to Work Order #11 to PS-0009-15 with Atkins North America, Inc.

 

36.    Work Orders #21 and #22 to PS-0009-15 with Pegasus Engineering, Inc.

 

37.    Work Orders #10, #11, #12, #13 and #14 to RFP-0336-15 with Site Secure, LLC, a Miller Electric Company.

 

38.    Amendment #1 to Work Order #1 to PS-0426-16 with England-Thims & Miller, Inc.

 

39.    Work Order #1 to RFP-0532-15 with Connect Consulting, Inc.

 

40.    Change Order #1 to Work Order #3 to CC-0559-15 with CFE Corp.

 

41.    Change Order #2 to Work Order #1 to CC-0559-15 with Prime Construction Group, Inc.

 

42.    Closeout to Work Order #9 to CC-0559-15 with C.E. James, Inc.

 

43.    Change Order #1 to CC-0573-15 with L7 Construction, Inc.

 

44.    Work Order #1 to RFP-0672-15 with The Colinas Group, Inc.

 

45.    Closeout to CC-0718-16 with Chinchor Electric, Inc.

 

46.    CC-0974-16 Agreement with Pat Lynch Construction, LLC.

 

47.    First Amendment to RFP-601421-12 with Edwin R. Barfield, LLC.

 

48.    Ninth Amendment to IFB-601656-13 with Bound Tree Medical, LLC.

 

49.    Sixth Amendment to IFB-601796-13 with Butler Animal Health Supply, LLC d/b/a Henry Schein Animal Health.

 

50.    Fourth Amendment to IFB-601934-14 with Siteone Landscape Supply, LLC.

 

51.    IFB-602126-14 with Premier Lawn Maintenance.

 

52.    Third Amendment to IFB-602230-15 with Cypress Supply, Inc.

 

53.    First Amendment to IFB-602588-16 with Space Coast Fire & Safety, Inc.

 

54.    RFP-602672-16 with Elert & Associates.

 

55.    Work Order #2 to PS-7105-11 with Johnson, Mirmiran and Thompson.

 

56.    Amendment #2 to Work Order #49 to PS-8047-12 with Tierra, Inc.

 

57.    Amendment #1 to Work Order #50 to PS-8047-12 with Ardaman & Associates, Inc.

 

58.    Work Order #17 to PS-8072-12 with Albeck Gerken, Inc.

 

59.    Amendment #1 to Work Order #15 to PS-8146-12 with Applied Sciences Consulting, Inc.

 

60.    Work Orders #64, #65, #66 and #68 to PS-8148-12 with CDM Smith, Inc.

 

61.    Work Orders #67 and #69 to PS-8148-12 with Parsons Brinckerhoff, Inc.

 

62.    Amendment #1 to Work Order #34 to PS-8186-13 with CPH, Inc.

 

63.    Work Order #4 to PS-8595-13 with Atkins North America, Inc.

 

64.    Amendment #5 to Work Order #1 to RFP-8721-13 with VHB Miller Sellen.

 

65.    Closeout to Work Order #6 to CC-9072-13 with Blackstreet Enterprises, LLC.

 

66.    Work Order #11 to CC-9072-13 with Linton Enterprises, Inc.

 

67.    Closeout to Work Order #2 to RFQ-9093-13 with Wharton-Smith, Inc.

 

68.    Change Order #3 to Work Order #4 to RFQ-9093-13 with Wharton-Smith, Inc.

 

69.    Change Order #4 to Work Order #4 to CC-9093-13 with Wharton-Smith, Inc.

 

70.    Closeout to Work Order #10 to CC-9184-13 with Affordable Development.

 

71.    Amendment #6 to Work Order #2 to RFP-9601-14 with Revere Control Systems, Inc.

 

72.    First Amendment to PS-9738-14 with Vanasse Hangen Brustlin, Inc.

 

73.    Work Order #3 to PS-9742-14 with CH2M Hill Engineers, Inc.

 

 

74.    Bids as follows:

 

CC-1002-16 from Killebrew, Inc.; Villages Construction, Inc.; MCG Services, LLC; C.E. James, Inc.; V.K. Jensen Enterprises, Inc.;

 

CC-0974-16 from Pat Lynch Construction, LLC and MGN Constructing, Inc.

 

Sheriffs Office

 

Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize and approve the following:

26. Approve expenditure of $3,000 from the Law Enforcement Trust Fund to provide funding in support of the 31st Annual National Conference on Preventing Crime in the Black Community. (A-3037-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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County Attorney Applegate expressed that he would like to provide a briefing to the Board. Chairman Horan noted that Mr. Applegate has a presentation he wants to make on legal issues that have come in front of them.

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The Board recessed the meeting at 10:17 a.m., and reconvened at 10:21 a.m.

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Chairman Horan stated they have decided the report the County Attorney wanted to make on the various issues would be better presented this afternoon as they have a work session this morning.

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The Board recessed the meeting at 10:22 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Terri Porter who was replaced by Deputy Clerk Kyla Spencer, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Dallari, 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.

PUBLIC HEARINGS

OVIEDO BOAT AND RV STORAGE LSLUA AND REZONE/

Wilken Property Management, LLC.

Agenda Item #27 PH-2016-502

Proof of publication calling for a public hearing to consider a Large Scale Future Land Use Map Amendment from Low Density Residential to Planned Development and a Rezone from A-1 (Agriculture) to PD (Planned Development) for a vehicle storage yard on approximately 15.83 acres, located on the north side of Slavia Road, approximately one-half mile east of Red Bug Lake Road, Wilken Property Management, LLC, received and filed.

Matt Davidson, Planning & Development Division, addressed the Board and presented Item #27 as outlined in the Agenda Memorandum. He advised that staff recommends approval.

J.R. Ball, JRB Civil, Oviedo, addressed the Board and noted he represents the owner of the property, Hank Wilken. Mr. Ball stated he has nothing to add to staffs presentation and thanked the Board and staff for their assistance.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #27 and public input was closed.

Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt Ordinance #2017-1 enacting a Large Scale Future Land Use Map Amendment from Low Density Residential to Planned Development; approve Ordinance #2017-2 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for a vehicle storage yard on approximately 15.83 acres, located on the north side of Slavia Road, approximately one-half mile east of Red Bug Lake Road; and approve the associated Development Order and Master Development Plan, as described in the proof of publication; Wilken Property Management, LLC, Applicant.

Districts 1, 2, 3, 4 and 5 voted AYE.

MONROE ROAD REZONE/Mack Cotton

(Continued from December 13, 2016)

Agenda Item #28 PH-2016-467

Continuation of a public hearing to consider a Rezone from A-1 (Agriculture) to PD (Planned Development) on 0.39 acres, located at the corner of Monroe Road and School Street, as described in the proof of publication, Mack Cotton.

Joy Giles, Planning & Development Division, addressed the Board and presented the request as outlined in the Agenda Memorandum. Ms. Giles added that this item was presented at the December 13, 2016, BCC Meeting and was continued to today's agenda in order for staff to review an updated plan that was submitted by the Applicant at the December meeting. Based on staff's review of the plan, the Applicant is continuing forward with the original approved plan as submitted with the original application. Ms. Giles noted that a modification was made to the Development Order that extended the permitted term limit from four years to ten years for that permitted use. Staff finds the request to be consistent and compatible with the Comprehensive Plan and the trend development in the area and recommends approval.

Mack Cotton, 805 Monroe Road, property owner and owner of Wavey's Bar-B-Que, addressed the Board to thank them for all of their help.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #28 and public input was closed.

Commissioner Constantine stated he has no concern with the project itself but asked if there is a specific reason why ten years would be optimal. Commissioner Carey answered that the point in trying to assist in this is that with the I-4 reconfiguration, this property is probably going to be impacted and taken through the process of that road expansion, hence the temporary-use nature of it. This would be a "Beyond the Ultimate" project, which isn't going to happen for at least the next five years; and there is still the "Ultimate I-4" project that has five years left on it. She stated that if they believe it is the right use for that site today, then it is the right use until such time that the road does come through. She added she does not think it is fair to ask the Applicant to come back and pay another fee to ask the Board to approve something that they are willing to approve today.

Commissioner Constantine stated he did not want to put the Board in a particular situation where all of a sudden they need to change it in seven years. Commissioner Carey replied that as long as Mr. Cotton is the owner of the property, nobody is going to try to change the use unless he "makes it big" and decides to build a big building, in which case he would have to come in and get a modification.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance #2017-3 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 0.39 acres, located at the corner of Monroe Road and School Street, as described in the proof of publication; Mack Cotton, Applicant.

Districts 1, 2, 3, 4 and 5 voted AYE.

TRANSMITTAL OF CELERY POINTE LSLUA & REZONE/Nash Hooda

Agenda Item #29 PH-2016-458

Proof of publication calling for a public hearing to consider transmittal of a Large Scale Future Land Use Map Amendment from Suburban Estates to Low Density Residential, and adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) on 31.85 acres, located on the north side of Celery Avenue, approximately one-half mile west of Beardall Avenue, Nash Hooda, received and filed.

Joy Giles, Planning & Development Division, presented the request as outlined in the Agenda Memorandum. She added that the developer will be required to provide additional right-of-way along Celery Avenue for a proposed trail as well as a left-turn lane. Ms. Giles stated staff finds the request to be compatible with the Comprehensive Plan, the Seminole County and City of Sanford JPA, as well as the trend of development in the area. Ms. Giles noted that the Planning & Zoning Commission met on November 2, 2016, and voted unanimously to recommend denial of the request. She stated staff recommends approval of the transmittal.

Lauren Torres, 14145 Rutgers Avenue, Orlando, addressed the Board and stated she is representing the owner, Nash Hooda, and is available for any questions the Board may have.

Commissioner Dallari requested Ms. Giles display an aerial map of the site.

Phillip Rothrock, 2790 Bit N Bridal Place, addressed the Board and stated his property runs right next to the subject site. He explained he bought his piece of land 17 years ago and built his house on it with the entire subdivision zoned as Suburban Estates, one house per one acre. When he built his house, he wanted to build it further back but could not because of the conservation lines and wetland protection line. So he built his home based on those zoning laws. He discussed all of the wildlife that inhabits the 31-acre pasture. He reminded the Board that the Planning & Zoning board denied this proposal in November, and he is wondering why it got back to the Board in less than a month without anything being changed. Mr. Rothrock stated that if this item is approved, it will impact the way that his family lives and will drop home values. He clarified he does not oppose the property owner the ability to build on the land, but believes he needs to build within the zoning laws that he purchased the land under. In closing he asked the Board to deny the proposal and ask the developer to resubmit plans based on Suburban Estates.

Daniel Kinkopf, 2751 Bit N Bridal Place, addressed the Board and stated he is on the other side, the other court, where the retention pond is. He explained he is opposed to the property being changed from Suburban Estates. The area behind the proposed development goes to the wetlands, and one of the things that the County and State did is make those clean waterways to make the water cleaner as it goes to the St. Johns River. So his main concern is with more roofs and more houses, there would be more drain-off in those areas. He pointed out this would be a great opportunity to leave that land pristine and not add congestion to the area.

David Savoie, 2760 Bit N Bridal Place, addressed the Board and indicated on the aerial map that he lives on the left cul-de-sac. He stated he bought the property with the understanding that the subdivision would join a two-lane blacktop road with a minimum amount of traffic on it. Since he bought the property, there have been two large subdivisions built which impact Celery Avenue tremendously. Mr. Savoie explained when he bought the property, he was told the back 130 feet of the property was conservation and wetlands and he could not even cut a tree down or put in a drive; and now the County is considering allowing houses to be built on the same type of land. He asked the Board to consider keeping the property as it is currently zoned.

Diane Fuller, 2770 Bit N Bridal Place, addressed the Board and stated she sent an email (copy received and filed) to Ms. Giles; and if the Board has seen it, she does not need to say again what she said in the email. She expressed that in the last 11 years, she has come to love Seminole County, Florida's Natural Choice. She would find it very difficult to accept that the County is going to drive out all of the wildlife that inhabits the land. She asked where the 107 houses will send all of the water and noted they are already inundated with lowlands. Ms. Fuller stated she hopes the Board read her email and considers that they need to save some of the land.

Ms. Torres requested that a copy of the site plan be displayed. She reviewed the site plan and stated there would be no development past the conservation line. She reminded that since this is just a Rezone, there will still need to be an Environmental Assessment report done and a permit from the Water Management District and some of the environmental issues will be discussed then.

Commissioner Carey stated that there is a line that says Pre Development, which is the one Ms. Torres pointed to, and a line that says Post Development. She asked Ms. Giles to speak to that. Ms. Giles pointed out the wetlands and the wetlands buffer. She explained that if the Applicant does not get approval from St. Johns, the Pre Development line will remain. Commissioner Carey questioned what the developer has to do on site to contain stormwater if they get approval to move to the Post Development line. Ms. Giles answered they would have to hold a certain level on site for stormwater and the site would have to be designed to not exceed a development rate of discharge for the 25-year, 24-hour storm event. Commissioner Carey asked if that is true even though it is a 100-year flood line, and Ms. Giles responded that is what has been determined at this time, at this review; but when they come in with a more detailed plan, that will be re-evaluated.

Kim Fisher, Development Review, addressed the Board and explained that there is a 100-year floodplain line, which is basically a 1% chance of a certain rainstorm event occurring within 100 years. That is something that is documented by FEMA. During the final engineering phase, any amount of fill that the developers import into the floodplain area, they have to compensate, that way there is no net volume change in the area.

Commissioner Carey confirmed with Ms. Giles that in the Joint Planning Agreement (JPA), it talked about 3.5 units per acre; and part of that JPA was if someone is going to do that, they would have a 25-foot exterior buffer around the entire site. Commissioner Carey asked if there is anything in the Code that would prevent them from saying, since the property to the north of this site has already been approved for the same zoning requested here, that that buffer be put 50 feet on one side and 25 feet across the front to allow a bigger buffer but not a loss of usable space. Ms. Giles answered because this is PD (Planned Development) zoning, they can add an additional buffer at the pleasure of the Board, but they cannot decrease from 25 feet and the buffer must remain on all sides.

Commissioner Dallari stated he only sees one zoning across the whole piece of property and asked Ms. Giles to talk about the transitional zoning. Ms. Giles explained that the 3.5 is transitional rather than the full 4 dwelling units per acre that the Low Density Residential (LDR) Land Use would allow. Commissioner Carey noted there is something in that Agreement about clustering, and Ms. Giles responded that is correct. She added that this is a cluster plan, meaning lot sizes are smaller; however, there is a perimeter buffer which provides somewhat of a transition between the larger and smaller lot sizes. Commissioner Dallari stated he does not see the transition from 1 acre to LDR, he just sees the 3.5. Ms. Giles pointed out that the buffer is a transition. Commissioner Carey added they wouldn't typically require a 25-foot buffer around the perimeter.

At Commissioner Careys request, Ms. Giles displayed the aerial map of the proposed site and discussed the surrounding approved developments including Riverside Oaks at 3.5 units per acre with a 6,000-square-foot lot size; Cameron Heights at 4 units per acre with a 5,000-square-foot lot size, and pointed out the area in the City of Sanford, which is zoned S1A (Single Family Residential), that allows for 6 units per acre with a lot size minimum of 5,000 square feet. Commissioner Carey confirmed with Ms. Giles that the unique piece that is going to be remaining based on Future Land Use maps is going to be the Suburban Estates piece that has been out there for 30 years.

Commissioner Constantine asked if Cameron Heights was the development brought in by the church at four units an acre. Commissioner Carey answered Cameron Heights is about a 280-acre parcel that was a Large Scale Land Use that came through and the property starts on SR 415.

Chairman Horan recessed the meeting at 2:10 p.m.; reconvening at 2:14 p.m.

Deborah Mills (being hearing impaired, Ms. Mills remarks were interpreted by Hilary Padin, Planning & Development), 2791 Bit N Bridal Place, addressed the Board. Ms. Padin stated Ms. Mills wanted to confirm the Board received her email (copy in Agenda Backup) that the developer isn't going to build in the wetlands because she's afraid that will flood her property. Commissioner Carey requested that Kim Fisher, Development Review, talk directly to Ms. Mills and Ms. Padin translate for her so Ms. Mills understands how the wetlands work.

Mr. Rothrock noted that no one opposed the other developments because they are not butting up to any other pre-existing developments where it is going to impact people's way of living.

Mr. Savoie asked a few questions regarding runoff in the development, and Chairman Horan reminded him that they are here on a rezoning issue and he is raising development issues; but Ms. Fisher can discuss those questions with him.

With regard to public participation, no one else in the audience spoke in support or in opposition to the transmittal, and public input was closed.

Speaker Request Forms and Written Comment Forms were received and filed.

Upon Commissioner Careys request, Ms. Giles described the process and phases of this request for the benefit of the public.

Commissioner Carey asked with regard to the concerns that were heard about wetlands and stormwater, besides the County, who are the other players that would be required to look at this and also issue permits to ensure that it isn't going to impact anyone. Ms. Giles answered that would be St. Johns as well as the Department of Environmental Protection, which would be at the final engineering phase. Commissioner Carey asked if the Army Corps of Engineers comes into play. Ms. Fisher explained as long as the developer does not impact the wetlands, then the Army Corps of Engineers won't get involved. Ms. Fisher guessed that due to the location of the wetlands on the site map, the developer is not going to impact the wetlands because they are at the rear of the property.

Commissioner Carey stated the County did quite a bit of improvements to Celery Avenue, as part of the JPA, and requested the Public Works Director answer what the Level of Service (LOS) for transportation is on Celery Avenue. Jean Jreij, Public Works Director, addressed the Board and answered that the LOS is a B. Commissioner Carey confirmed with Mr. Jreij that on the grading scale A is the best and F is the worst. Mr. Jreij noted there are 3,300 people per day on Celery Avenue. Commissioner Carey stated she is not opposed to the zoning, but because of the existing development of Suburban Estates to the south, she does think there should be a larger buffer.

Motion by Commissioner Carey to authorize transmittal of a proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Low Density Residential to State and regional review agencies, and subject to final approval, adopt of Large Scale Future Land Use Amendment Ordinance, adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 31.85 acres, located on the north side of Celery Avenue, approximately one-half mile west of Beardall Avenue, as described in the proof of publication; Nash Hooda, Applicant; with a 50-foot buffer on the side adjacent to the Suburban Estates subdivision that already exists.

Commissioner Henley asked how much buffering is being proposed, and Commissioner Carey answered 25 feet. She explained that the JPA requires there to be a 25-foot buffer all the way around. She is proposing 50 feet on the side adjacent to the Suburban Estates subdivision. Commissioner Henley stated he understands, but the JPA says 3.5 as long as it is part of clustering. He asked where the clustering is proposed to be. Commissioner Carey responded that they haven't laid out the sites yet; and if this motion is approved with a 50-foot buffer, the layouts will change because that has to go into a tract of land.

Chairman Horan surrendered the gavel to Vice Chairman Carey in order to second the motion.

Under discussion, Commissioner Constantine stated he is opposed to this and thinks it is wrong. He explained it is not just rezoning, it is a Land Use change and a dominos effect. It should stay one to one and this should be the transition property going into the next piece of property. He reminded that the P&Z board voted unanimously against it. Commissioner Constantine stated the investment of the people that already live there are important, and they have invested their life savings on their house and they expect to have a certain quality of life. Commissioner Dallari stated his issue with the property is that there should be not just buffering but also transitioning.

Commissioner Carey explained that you could say it is a transition piece, but right across the street from it is four units per acre. Right next to that is a very small narrow piece, which will probably come in for the same zoning that was just granted to River Crest Oaks, which is 3.5 units per acre. She pointed out it is six units per acre just one lot over. Commissioner Carey stated this happened to be an older subdivision that was developed when they were still doing Suburban Estates. She believes ten years from now there will be two anomalies out there if the density is less. She noted the Board is not here to negotiate for the land owners as to what they should come in here and request. She reiterated that she does not have an issue with it as long as there is a 50-foot buffer to protect the one-unit-per-acre Suburban Estates that is there.

Chairman Horan stated his review of this indicates that the legal requirement for the entitlement has been met. There is a JPA with the City of Sanford that allows for a maximum density of 3.5 units per buildable acre which is exactly what is being proposed here. He concluded that all legal requirements have been met, and he is not sure you could say that it isnt suitable given the development trend for this LDR development.

Districts 5 and 2 voted AYE.

Commissioners Dallari, Constantine and Henley voted NAY; whereupon, the motion failed for lack of a majority vote; Denial Development Order.

Commissioner Carey stated in the Development Agreement, it talks about the fact that if they are asking for a 3.5-unit-per-acre request, they have to put the 25-foot buffer around and cluster. It also says that there are 2.5-unit dwellings per net buildable acre. Commissioner Carey confirmed with Ms. Giles that the 25-foot buffer is only being required because the lots being requested were less than 9,000 square feet. Commissioner Carey asked if they would have to have the 25-foot buffer if this happened to be a transitional piece at 2.5 units per acre. Ms. Giles answered no. Commissioner Carey asked the Board if they would consider 2.5 units per acre a transitional piece. Commissioner Dallari stated that is up for the Applicant to decide and he is not negotiating with the Applicant. Commissioner Constantine reminded that the Board just denied the zoning and land use request. Chairman Horan argued that they did not deny it, the motion that was made failed; but there has not been a motion to deny. Bryant Applegate, County Attorney, explained the Board does not have to deny. The motion failed. Commissioner Carey stated the motion that she made failed, but there could be another motion. She noted the Board thinks this should be a transitional piece, and Commissioner Constantine responded that right now it is with the zoning and land use that is there. Mr. Applegate announced the motion was effectively denied and it will have to come back through the process again.

Discussion ensued regarding procedure.

Commissioner Carey asked what a transitional piece means to the other Commissioners. Commissioner Dallari answered something that is compatible transitioning from one-acre lots, which is Suburban Estates, to Low Density Residential.

Mr. Applegate stated his concern is there may be a notice issue.

DISTRICT REPORTS

District 1

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to appoint Nick Mason to the Seminole County Industrial Development Authority (SCIDA) for a four-year term ending 2021; reappoint Doug Register and Tom Minter to the Agriculture Advisory Committee for a two-year term ending 2019.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Commissioner Dallari stated in looking at an email the Board received from the County's federal lobbyist, it talked about some grant money becoming available for Public Safety and Economic Development. He wants to make sure that staff works with not just the Sheriff but also with the Fire Department and Economic Development staff to make sure they are taking advantage of any and all grant money that could be available. Nicole Guillet, County Manager, noted staff is working on it.

District 3

Commissioner Constantine stated the Historical Commission met on December 15th; and per the request of the staff and the Commission, they provided a sustainability study for housing the buggies. He confirmed with Ms. Guillet that the County received it and would be able to get back to the Historical Commission at some point. Commissioner Constantine noted he just wanted everybody to know that they have done what was asked of them to do. He added that the person who wanted to provide the buggies to the County for historical purposes was there, and it was a very enlightening meeting.

Commissioner Dallari asked Commissioner Constantine to elaborate. Commissioner Constantine explained that they talked about the historical significance of some of the buggies when it was related to Seminole County, and some of them are actually from Seminole County or were used in Seminole County in the 1870s and 1880s. At the meeting Commissioner Constantine suggested, if it was possible, that they might want to bring one out to the County Services Building so they could actually see it. He mentioned that it is probably the largest privately held buggy collection in the United States.

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Commissioner Constantine expressed it was good to hear that Commissioner Dallari is going to represent Chairman Horan at the MPO Alliance. He stated in regard to the motion he made that passed unanimously about the Department of Transportation (DOT) looking at the transit systems and the rest areas, it was never site specific; so if Volusia County has a concern, they can say they arent trying to pawn it off on them. He wants the DOT to look at the problem and come up with a long-term solution.

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Motion by Commissioner Constantine, seconded by Commissioner Dallari, to reappoint Lance Lafleur to the Agriculture Advisory Committee for length of term; and adopt appropriate Resolution #2017-R-6 of appreciation to Lee Ricci for her work on the Parks & Preservation Advisory Committee.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Commissioner Constantine requested Jim Reynolds, Public Safety Director, give an update on the status of the burn ban. Mr. Reynolds explained that the rain lowered the score down in the 420s; so according to policy, it would automatically drop the ban. Commissioner Constantine asked if that means the ban is dropped, and Mr. Reynolds replied they have not formally made that announcement but they can.

District 4

Commissioner Henley stated he has received a number of requests as to the status of the Board's effort to acquire the Rolling Hills property, and asked the County Manager to give an update on that.

Ms. Guillet stated staff traveled to Tallahassee at the end of last year for a hearing before the Florida Communities Trust Board to request authorization to move the commitments associated with the Jetta Point project to the Rolling Hills site and they had a partial victory there. They received waivers of some of the requirements that would have been impediments to doing that and got a thumbs up on the concept. However, the final approval on that conversion of those commitments from the Jetta Point project to the Rolling Hills project was deferred by the Board to a later meeting. The Florida Communities Trust Board wanted to clear up a couple of items with staff. She stated staff has successfully met with them, and they have a meeting scheduled February 8th.

Ms. Guillet stated she did get a notification this week that there is now another item that the Florida Communities Trust Board would like the County to resolve before they meet. She is hopeful that that is not just a delaying tactic, and staff is working with them to try to resolve that. If all goes well, Ms. Guillet explained they will be in Tallahassee on February 8th requesting final approval for the conversion from Jetta Point to Rolling Hills. At that point, they will continue to move forward with due diligence with respect to the purchase of the property.

Chairman Horan stated the Conservation Board was very supportive and very gratified that a public official actually went up there and made a presentation, and he noted that one of the board members is a former county commissioner in Dade County. He said there were some excellent presentations that were made, but the knowledge that the people involved in both communities are in favor of this is something that is very important to the Board. Ms. Guillet explained they continue to receive considerable support from the community. The community was very proactive in contacting the Florida Communities Trust and letting them know what their position was with respect to this proposed transfer from Jetta Point to Rolling Hills. She opined that their participation and advocacy has been invaluable and she believes they will continue to support the project and help the County get through what will hopefully be the last hearing on it. Commissioner Constantine stated in discussion with staff and the members of the Florida Communities Trust, the biggest problem is staff is concerned with the fact that they have never done this before.

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Chairman Horan noted in regard to the District 3 report when Commissioner Constantine discussed the motion that was made about the Department of Transportation (DOT) looking at the transit systems and the rest areas, there was at least one, if not two, representatives from Volusia County there who joined in that motion and voted.

District 5

Commissioner Carey announced_E1_ that _E1_the _%_O_E2_sceola _E1__#_Count_E1_y _E1__#_Ex_E1_press_E1_way _E1__#_Authority _E1_will _E 1_be _E1_hav_E1__E2_ing a public _E2_hearing _E2_regarding _E1_the_E1_ ex_E1_tension _E1_of the _E7__#_Osceola _#_County _#_Parkway _E1_from _E1__%_Boggy _%_Creek to _E1__E1__E1__%_SR 417. She stated _E1_She satsome _E3_of the_E1_th _E2__#_Commissioners _E1_have _E1_been _E1_very _E1_act_E1_ive _E3_in _E2_what is _E2_happening _E1_out on the _E1_east _E1_side_E1_ of _E2__#_Orange _E1__#_Count_E1_y_E1_. T_E1_his _E1_will _E1_im_E1_pact _E1_the areas of _#_Lake _E1__%_Nona_E1__E1__E1__E1__E1_, _%_Moss _%_Lake _%_Park and _%_Deseret _%_Ranch; and w_#_hen _E1_that _E2_occurs,_E1_ it _E1_will _E1_make _E5__#_Osceola _#_County _E1_a _E2_little _E2_easier _E1_to _E1_get_E1_ in _E1_and _E1_out_F!1_ of_F"1_. T_#__F#1_TThat_F$1_ is _F%3_scheduled for _F(1_Tuesday_F)1_, _#_January _F*1_24th_F+1_, at 5:30 p.m., at the _%_Osceola _%_Heritage _%_Park _%_Exhibition _%_Building. _F:1__#_She added _F;1_if any of the Board members _F<1_want _F=1_to _F>2_attend _F@1_that_FA1_, they can reach out to _%_Jeff _%_Jones, _%__FH1__FJ3__#_Executive _FM2__#_Director _FO1__FP1_of the _%_Expressway _%_Authority. _#_That _FQ2_notice _FS1_has _FT1_been _FU1_sent_FV1_ to _FW1_the board _FX2_members _FZ1_of _%_the _F[2__#_Central _F]1__#_Florida _F^1__#_Ex_F_1_press_F`1_way _Fa1__#_Authority_Fb1_.

_Fc1_

 

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Commissioner Carey stated she recently_Fe1__#__Ff1_rec had _Fj1_an _Fk1_opportunity _Fl1_to _Fm1_see _Fn1__%_Mandy _%_Nice who _Fv1_h_Fw1__Fx1__Fy1_eaded up the Countys w_%_QWellness network_%_. The County _F2_had received _F1_an award _F1_both in _F5_2014 and 2015 under her leadership_F1_. _#_Ms. Nice _F1_could _F1_not _F2_apply _F1_for 2016, as she _F1_is _F1_no _F1_long_F3_er _F 1_the_F1_ _%_Wellness _%_Coordinator_%_, but the County received a gold achievement from the _%_American _%_Heart _%_Association; a_%_nd there's also a letter from the _%_American _%_Heart _%_Association that goes along with it. Commissioner Carey discussed Ms. Nices new position at the Sheriffs Office and her achievements there. _%_

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Ex Parte Communications from Commissioner Carey were received and filed.

District 2

Motion by Chairman Horan, seconded by Commissioner Dallari, to appoint Dena Chaudoin to the Historical Commission for an unexpired term vacated by Jim Robison, which expires January 1, 2018; and adopt appropriate Resolution #2017-R-7 of appreciation to Jim Robison for his service on the Historical Commission.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Chairman Horan, seconded by Commissioner Carey, to appoint Pamela Neal to a two-year term to the Historical Commission, which would expire January 1, 2019.

Districts 1, 2, 3, 4 and 5 voted AYE.

CHAIRMANS REPORT

Motion by Chairman Horan, seconded by Commissioner Dallari, to reappoint Susie Dolan as Seminole County Homestead Homeowner to a one-year term to the Value Adjustment Board (VAB), which expires January 1, 2019.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Commissioner _%_Carey _H1__%_asked if that is _#__H1_the _H1_last _H1_of their board appointments, and _%_Ms. _%_Guillet answered there are still some _H1_T_H1_D_H1_C _H3_appointments_H1_. _H1__%_Chairman _%_Horan added t_%_here are a couple more; and between now_%_ and the next meeting, he will _%_ communicate as to which ones those are. He noted he will need an appointment for the Code Enforcement Board and will solicit any suggestions for that._I;1__I<1_

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Chairman Horan discussed the_I=1__IF1_ _%_Elite _%_Clubs _%_National _%_League press conference _IZ1_in _I[1_December._I_2_ He noted it brings_%_ _Ii1_about _Ij3_$2_Im1_ million pe_In1__In1_r year _Io1_in _Ip1_ec_Iq1_o_Ir1_nomic _Is1_im_It1_pact and it is_Iu1_ and is a seven-year tradition. There are 176 teams and they have been bringing only the women's teams; however, t_%_hey were pleased to announce that the boys division will be bringing their teams next year. _%_ _%_It will take place in _I2_2018, and it is a_I2__#_ _I1_three-_I1__I1_year _I1_deal_I1_ that _I1_wil_I1_l bring an additional 150 teams and their spectators.

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Chairman Horan stated the_I1_ _I1_Seminole County _I2_senior _I1_football _I1_play_I1_ers _I2_defeat_I1_ed _I1_the _%_Orange _%_County senior football players 24 to 7 in the _%_Backyard _%_Blitz _%_Bowl on _I1_December _J!1_14th at _J$1__%__J%2_Showalter _J'1__#_Field_J(1_. _J1__#_It was _J1_a wond_J1_er_J1_ful _J1_e_J1_vent_J1_ that was very _J1_well _J2_attended by about 500 to 600 people. _%_They have been_%_ doing it for a number of years _J1_but _J1_this _J1_is the _J1_first _J1_time _J1_it _J1_has _J1_been _J1_done _J1_under _J1_the_J1_ _J1__#_Back_J1_yard _J1__%_B_J1_litz organization.

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Chairman Horan discussed a tour he received last week of the U_J1_S_J1_O _J2_facilit_J1__J1_y at the Orlando _J1__%_International _J1__%_Airport _J1_with _J1__K!1__%_Veteran _%_Services _%_Officer _%_Ed _%_Burford. He noted what a great facility it was and that it is also open to veterans and retired military._K/1_

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Chairman Horan stated the Board received t_%_he year-end report from hotels, and t_%_he average daily rate was up from $94.14 last year to $99.61 and they had the highest occupancy rate ever in 2016 at 75.1%, which is up from 73.3% in 2015. He noted they_Lc1__#_ can _Le1_look _Lf1_for _Lg2_increased _Lj1_bed _Lk1_tax _Ll1_receipts and, _Ln1_of course, _Lo1_the _Lp1_related _Ls1_sales tax receipts _Lt1__Lu1__Lv1_that come from _Lw1_people _Lx3_visiting _L{1_the C_L|1_ounty_%__L}1__L~1__L1__L1__L1__L2_ _L1_. _L1_

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_L1_Chairman Horan discussed _L1__L1_the _L1_29th _L2__#_Annual_L1__L1_ _%_Central _L1_Florida _L1__%_Turf _%_Research meeting for the _%_Florida _%_Turf _%_Grass _%_Association. _%_They've been meeting in _%_Seminole _%_County for the last 29 years, and they meet at the _%_Interlachen _%_Country _%_Club. _%_It's mostly golf superintendents who _%_come from all over the state. _%_Bryce _%_Gibson is their governmental affairs person. _L1_ Chairman Horan stated _%_they were well _L2_aware _L1_of _L1_the Countys _L3_fertilizer _L2__#_Ordinance; and , a_M<1__MD2_according _MF1_to _MG1_their _MH1__MI1_studies _MJ3_and _MM1_reports _MN1_from _MO1_all over the _MP1_nation regarding_MQ1_ golf-_MU1_course _MV1_maintenance, _MW1__MX3_nutrient _M[1_use _M\1_and _M]1_n_M^2__M^2_itrogen _M`1_is _Ma1_down _Mb3_34% _Me1_nationally, phosphorous is down 53%, and water use is down 22%.

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W_M1__M1_ith _M1_regard _M1_to _M1__#_Sun_M1_Rail_M1_, Chairman Horan mentioned the memo_M1_ _M1_from the _M 1__#_Count_M1_y _M1__#_Attorney_M1_'s _M1__%_Office regarding the summary of the various _%__%_operative agreements_M1__M1__M1__M1__M1_ _M1_and _M1_a timeline concerning_M1__M2__M1_ what _M1_has _M1_to be _M1_d_M1_one between _M1_now _M1_and the _M1_time _M1_the local _M1_governments _M1_take _M1_over the _M1__M1_operation_M1_. _%_The _M1_var_M1_ious _M1_a_M1_greement_M1_s are _M1_very _M1_well _M3_summarized _M1_and _M1_this will _M1__M1_help _M1_the Board _M1__M2_participat_M1__M2__M1__M1_e in a meaningful way _M1_in _M1_what _M1_t_M1_he _%_SunRail _%_Commission is doing right now _M1_with _M1_regards _M1_to the _M1__%__#_Task _M1__#_Force _M1_and _M1_coming _M1_up _M3_with _M1_procedure_M1_s _M1_s_M1_o they can _M1_be _M1_re_M1__M1_ady to _N!1_take _N"1_over _N#1_when the S_N$1_SState _N%1_gives op_N&2_erations_N(1_ and maintenance over to local governments.

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_N)1__%_Chairman Horan discussed_"__N*1_ _N+1_a _N,2_memo _N.1_from the _N/1__#_Count_N01_y _N11__%_Attorney with regard to the _%_Charter _%_Review _%_Commission, _N81_which _N91_comes _N:1_up _N;1_this _N<1_year._N=1_ T_#__NH1__#__NI1_he _%_Charter _%_Review _%_Commission_NJ1__NK1__NL1__NM1_ _NN1_will _NO1_have _NP1_to be _NQ1__NR4_appointing _NV1_people_NW1_, and _NX1_the logistic decision the Board has to make is who gets which cities and so forth_N^3_who . _%_Commissioner _%_Carey explained the Board members have been trading appointments within District 2 and District 4; but there has been some redistricting since the last Charter Review and the lines have changed. _%_Chairman _%_Horan opined that_N1__N1_that _N1_last _N1__N2_time, _#_District _N1_2 _N1__N1__N1_touched three _N2_cities;_N1_ _N1_but _N1_now _N1_with the _N1_re_N2_drawing _N1_of the _N2_district_N1_, _N1__N1__N1__N1__N2__N1_it _N2_makes _N1_sense _N2_if there are _N1_two _N2_cities that they be _%_Casselberry and _%_Winter _%_Springs in District 2. He reiterated that they_%_ should be coming _O21_up _O31_with the _O42_logist_O62_ics as to whos got whose appointment _O81_s_OA1_o they don't do it last minute this summer, and asked the County Managers office to give the Board suggestions on that. _%__%__%_Commissioner _%_Carey suggested the Board_%_ should be thinking about who they want to appoint and _OK1_then figure out where they live.

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_%_Motion by _%_Commissioner _%_Dallari, seconded by _%_Commissioner _%_Carey, to authorize the Chairman to write a letter of support for the appointment of _%_Donna _%_Walsh as _%_Seminole _%_County's _%_Permanent _%_Health _%_Officer.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Chairman Horan stated _O1__O1_ _O2_there has _O1_been_O1__%_ a _O1_lot_O1_ of _O1_mis_O1_information_O1_ on the issue with _O1_regard _O1_to _O1__O1__O1__%_Volusia _O1__#_Count_O1_y_O1_ and the rest areas, and he pointed out there are private owners in _%_Volusia _%_County who are seeking to attract some investments in _%_Volusia _%_County to create truck-freight mobility facilities and_O1_ _O2_infra_O2_structure _O1_on _O1_those _O1_prop_O1_ert_O1_ies_O1_. _%_That is _O1_the _O1_only _O2_issue _O2_that is related _O1_h_O1__O1_ere, and _O2_there is _O1_no _O1_dis_O1_pute_O1_ between _%_Volusia _%_County and _%_Seminole _%_County. Everyone is_%_Every _O1__O1__O2_working_O1_ _O1_together _O1_with _O1_regard _O1_to _O1_freight-_O4_mobility _O2_facilities _O1_and _O1_the fact_O1_ that _O1_there is_O1_ _O1_a _O1_paucity _O1_of _O1_them _O1_in _O2__#_Central _P!1_Florida. He added there is_P"1__#_ _P.1_no _P/2_animus,_P12_ _P31_no _P41_dis_P51_pute between _P71_Seminole County _P81_and _P92__#_Volusi_P;1_a _P<1__%_County with _P=1_regard _P>1_to _P?1_the _%_DOT and the rest areas, and reminded that everyone is _P@1__PA1__PB2__PE2_working _PG1_together _PH1_to _PI1_try _PJ1_to _PK1_figure _PL1_out_PM1_ how _PN2_they are _PP1_going _PQ1_to _PR1_locate_PS1_, site, create and invest in freight-mobility facilities in this region._Pq1_

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Chairman Horan announced that the _P1_Scot_P1_tish _%_Highland _%_Games are going to be this weekend and the county gets somewhere in the n_P1_eighborhood of 25,000 to 30,000 people i_P1__P1_n attendance.

COMMUNICATIONS AND/OR REPORTS

The following Communications and/or Reports were received and filed:

1. Letter dated November 14, 2016, from The Foundation for Seminole County Public Schools to the Board of County Commissioners thanking them for the donation of $8,178.02.

 

2. Letter dated November 14, 2016, from The Foundation for Seminole County Public Schools to the Board of County Commissioners thanking them for the donation of $1,875 for Midway Safe Harbor.

 

3. Letter dated November 21, 2016, from Chairman Horan to Harold Barley, Executive Director, MetroPlan Orlando re: MetroPlan Orlando Committee Appointments.

 

4. Letter dated December 7, 2016, from Patrick Sacbibit, Branch Chief, Federal Insurance Mitigation Administration, to Chairman Horan re: Conditional Letter of Map Revision, Case #16-04-6962R.

 

5. Letter dated December 7, 2016, from Patrick Sacbibit, Branch Chief, Federal Insurance Mitigation Administration, to Chairman Horan re: Flood Insurance Rate Map, Case #16-04-3600R.

 

6. Letter dated December 19, 2016, from Chairman Horan, to Crystal Sircy, Executive Vice President, re: Chairman Horan will serve as liaison and Commissioner Dallari as alternate representative to the Metro Orlando Economic Development Commission.

 

7. Letter dated December 19, 2016, from Chairman Horan, to Buddy Dyer, Chairman, re: Commissioner Dallari will serve as liaison and Chairman Horan as alternate representative to the Congress of Regional Leaders.

 

8. Letter dated December 19, 2016, from Chairman Horan, to Dawn Kraus, President, re: Commissioner Constantine will serve as liaison and Chairman Horan as alternate representative to Leadership Seminole.

 

9. Letter dated December 19, 2016, from Chairman Horan, to Deputy Chief Tom Barry, Chairman, re: Chairman Horan will serve as liaison and Commissioner Constantine as alternate representative to the Juvenile Justice Advisory Board.

 

10. Letter dated December 19, 2016, from Chairman Horan, to Edward Johnson, CEO, LYNX, re: Commissioner Constantine will serve as liaison and Chairman Horan as alternate representative to their board.

 

11. Letter dated December 19, 2016, from Chairman Horan, to Angela Apperson, City Clerk, City of Altamonte Springs, re: Chairman Horan will serve as liaison and Commissioner Carey as alternate representative to the Mayors and Managers Board.

 

12. Letter dated December 19, 2016, from Chairman Horan, to Shelley Lauten, CEO, re: Chairman Horan will serve as liaison representative to the Central Florida Commission on Homelessness.

13. Memorandum dated December 20, 2016, from Chairman Horan, to Joe Abel, Leisure Services Director, re: Commissioner Constantine will serve as liaison and Chairman Horan as alternate representative to the Seminole County Historical Commission.

 

14. Memorandum dated December 20, 2016, from Chairman Horan, to Bill Telkamp, Risk Manager, re: Commissioner Dallari, Commissioner Constantine and Chairman Horan will serve as liaisons and Commissioner Carey as alternate representative to the Seminole County Risk Management Executive Council.

 

15. Letter dated December 20, 2016, from Chairman Horan, to Tricia Setzer re: Commissioner Henley will serve as liaison and Chairman Horan as alternate representative to the Tourism Development Council.

 

16. Letter dated December 20, 2016, from Chairman Horan, to Phillip Flynn, CEO, re: Commissioner Constantine will serve as liaison and Chairman Horan as alternate representative to the Central Florida Zoological Society.

 

17. Letter dated December 20, 2016, from Chairman Horan, to Captain Jennifer Jenkins re: Commissioner Carey will serve as liaison and Valmarie Turner, Seminole County Director of Community Services, as alternate representative to the Seminole Community Alliance Board.

 

18. Letter dated December 20, 2016, from Chairman Horan, to Tawny Olore, SunRail Project Manager, re: Commissioner Dallari will serve as liaison and Commissioner Constantine as alternate representative to the Central Florida Commuter Rail Commission.

 

19. Letter dated December 20, 2016, from Chairman Horan, to Hugh Harling, Executive Director, re: Commissioner Constantine and Chairman Horan will serve as liaisons and Commissioner Carey as alternate representative to the East Central Florida Regional Planning Council.

 

20. Letter dated December 20, 2016, from Chairman Horan, to Diane Crews, President, re: Commissioner Carey will serve as liaison and Commissioner Dallari as alternate representative to the Orlando-Sanford Airport Authority.

 

21. Letter dated December 21, 2016, from Chairman Horan, to The Honorable Maryanne Morse, Clerk of Court, re: Commissioner Henley and Commissioner Carey will serve as liaisons and Commissioner Constantine as alternate representative to the Value Adjustment Board.

 

22. Letter dated December 21, 2016, from Chairman Horan, to Flora Maria Garcia, CEO, re: Commissioner Constantine will serve as liaison and Commissioner Dallari as alternate representative to the United Arts of Central Florida Board.

 

23. Letter dated December 21, 2016, from Chairman Horan, to Tracy Turk, Senior Director, re: Commissioner Dallari will serve as liaison and Commissioner Constantine as alternate representative to the South Seminole Industrial Development Authority (SCIDA).

 

24. Letter dated December 21, 2016, from Chairman Horan, to Andrew Van Gaale, Executive Director, re: Commissioner Henley will serve as liaison and Commissioner Constantine as alternate representative to the Seminole County Port Authority (SCOPA).

 

25. Letter dated December 21, 2016, from Chairman Horan, to Glenda Ross, Facilities Planning/Operations, re: Chairman Horan will serve as liaison representative to the Public Schools Facilities Advisory Board.

 

26. Letter dated December 20, 2016, from Michelle Longo, City Clerk, City of Longwood, to Chief Administrative Officer of Seminole County re: Annexation Ordinance #16-2105.

 

27. Notice of Public Hearing, City of Sanford, received December 21, 2016, re: Conditional Use to Establish Outdoor Storage with display for Bouncing Beez at 250 E. Lake Mary Blvd.

 

28. Letter dated December 27, 2016, from Taylor Teepell, Director Florida Department of Economic Opportunity, to Chairman Horan re: Comprehensive Plan Amendment #16-3ESR.

 

29. Letter dated January 3, 2017, from Chairman Horan to The Honorable Phil Archer re: the flag being flown over the Seminole County Criminal Justice Center in recognition of his service to Seminole County.

 

COUNTY ATTORNEYS REPORT

County Attorney, Bryant Applegate, addressed the Board and stated he would like to go over several items since he missed the December BCC Meeting. The first item is the Annual Report for 2016. He noted the Board did receive a copy. Mr. Applegate stated in 2016, the County Attorney's Office handled 1,140 formal work requests submitted through Legistar and that does not account for special projects, real estate transactions, litigation, representing advisory boards, responding to phone calls, emails, and informal requests for assistance. As to litigation, in 2016 there were 46 Notice of Claims filed against Seminole County requiring monitoring, which includes the legal actions that were related thereto and monitoring a large number of Workers Compensation claims filed over the previous years. Mr. Applegate stated his office represented the Tax Collector on 10 eminent domain cases and handled several law suits, both at the federal and state levels, involving either lead counsel or co-counsel; most of which were either settled or dismissed after a great deal of time and effort. Mr. Applegate gave accolades to his entire staff.

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Mr. _%_Applegate stated in regard to _S1__#_SunR_S1_Rail_S1_, he knows _S2_that _#_Commissioner _S2_Henley _S4_actually started the _S1_process in_S1_in _S2_asking _S1_ab_S1_out the_S1_ "legal _S2_clicks_S1_" _S1_that _S1_have _S1_to _S2_occur _S1_between _S1_now _S1_and _S1_2021_S1_ _S1_for _S1_the _S1_take_S1_over _S1_from _S1__%_F_S1_D_S1_O_S1__S1_T. _S1__%_Mr. _%_Applegate reminded the _%_Board t_S1__S1_hat his _%_Office _S1__S1__S1_has _S1_a _S1_bind_S1_er _S1__S1__S1__S1_with _S1_all of the agreements a a tabbed _S1_with _S3_indexes _T!1_and _T"1_the_T#3_ amendments _T&1_there_T'1_to. _%_He noted his office was not _T02_involved _T21_in the _T32_drafting _T51_of _T61_those _T71_a_T81_greement_T91_s so t_T91_hey _T:2_really wanted to pour through _T<1__T=1__T>1__T?1__T@1_them _TA1_and _TB1_talk _TC1_about _TD3_issues _TG1_that _TH1_need _TI1_to _TJ2_occur_TL1_. _TM1__%_Mr. _%_Applegate thanked _%_Ms. _%_Guillet and her staff and added that _"_a committee is being _T\2_formed _T^1_to look at these issues am_T^1_ong _T_1_the _T`1_local _Ta1_governments. He noted that_Tb1_ _Tc1__Td1__%_Ms. _%_Guillet is already actively_%_ involved in that effort.

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Mr. _%_Applegate noted in regard to the_%_ _T}1__#_Chart_T~1_er _T1__#_Re_T1_view _T1__#_Commission, the _%_Board is _T1_correct _T1_that _T1_the _T1_list _T1_is _T1_from the _T1_last _T3_appointment_T1_ process; _T1_a_T1_nd since _T3_redistricting_T1_, all _T 1_of that _T1_is _T1_going _T1_to _T1_change. _%_He suggested that sometime _T1_in _T1_June, _T1_perhaps at_T1_at _T1_the _#_June meeting, _T2__T1_t_T1__T1_he _%_Board s_T2_hould start talking _T1_about the _T1_process _T1_o_T1_f how _T1_t_T1_hey _T1_want _T1_to _T2_divide _T1_the_T3_ assignments _T1_up that _T1_are _T2_basically _T1_at _T1_large _T1_and_T1__T1_ at the_T2_ cities_T1_.

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Mr. _%_Applegate stated the _%_Board should _T1_have _T1_received a _T1_certificate_T1_ now that _T1_they have _T2_complete_T1__T1_d t_T1_heir ethics training for 2016 and_T1__T2__T2__T1__T1__T1__T1__T1_, and r_U#1_eminded the _%_Board, when_U#1_when in _U%1_doubt, _U&1_don't _U'1_be _U(1_a_U)1_fraid _U*1_to _U+1__U,1_ask.

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Mr. _%_Applegate e_U51_xplained that hi_UA1_s _UB1_office is _UC1_very _UD2_involved _UF1_with the _UG1__UH1__%_Florida _UI2__%_A_UK1_ssociation _UL1_of _UM1__#_Count_UN1__UO1_y _#_Attorneys _UP3__%_(FACA) organization_US1_, and _UT1_in _UU1_June _UV1_he _UW1_fin_UX2_ished _UZ1__U[1_his term _U\1_as _U]2_president _U_3_of the _Ub1__Uc2__Ue1_organization. _#_One _Uf1_of the _Ug2_major _Ui1_projects _Uj1_that was _Uk2_recently complete_Um1_d _Un1_w_Us2__Us2_as head_Uu1_ed up _Uv1_by _%_David _%_Shields, Assistant _%_County _%_Attorney. _%_It was a _Uw1_special _Ux2_committee of _Uz2_several _U|2_assist_U~1_ant _U1_count_U1_y _U1_attorneys _U1_throughout _U1_the_U1_ state_U1_ and _U1__%_Paul _%_Chipok_U1__U1__U3_, Assistant _%_County _%_Attorney_%_, was _U1_act_U2_ively _U2_involved _U1_in _U1_that_U1__U1_. _%_Mr. _%_Applegate stated that_%_ a report_U1_ was issued that is _U1_now _U1_on the _%_FACA _U1_web_U1_site _U1_about _U1_c_U1_ell_U1_ tow_U1_ers _U1_and the _U1_right-_U1__U1_of-_U 1__U 1_way_U1_. _U1_Not _U1_o_U1__U1_nly in _U1_Florida _U1_but _U1_throughout _U1_the _U2_country_U2__U2_ there are _U1_legal _U3_issues _U2_brewing _U1__U1__U2__U1_r_U1_egarding _U1_c_U1_ell_U1_ tow_U1_ers _U1_and _U1_companies _U2_thinking _U1_they _U1_hav_U1_e the _U1_r_U1_ight _U1_to install_U1_ _U1_large _U2_cell tow_U1_ers _U1_in _U1_right-_U1__U1_of-_U1__U1_way_U1_. _U1__%_Mr. _%_Applegate complimented_#_ _U1__#_Mr. _#_Shields _U1_for _U1_over_U1_seeing _U1_the _U1_effort_U1_ and noted that _%_FACA is _U1_very _U1_hap_U1__U1_py with the _U1_report_U1_.

_%_Chairman _%_Horan _%_o_Vv2_pined that they are_Vx1_ going _Vy1_to _Vz1_see_V{1__V|1_ more and more_V}1_ _V~1_of _V1_these companies coming in and _V3_demanding _V1_to be _V1_in _V1_right-_V1__V1_of-_V2__V2_ways_V1_. _V1__%_T_V1_hey _V1_don't _V1_know _V1_what _V1_the _V3__%_L_V3_egislato_V3_r _V1_is _V1_going _V1_to do _V1_with it_V1__V1_, but _V1_they _V1_have _V1_to be _V3_prepared _V1_to _V1_not _V1_only_V1__V2_ effectively _V2_lobby _V1_through _V1_their _V4_organizations _V1_but_V1_ _V1_also be_V1_ _V3_prepared _V3_for the _%_County's own enacting of ordinances on _V1_those _V1_particular _V2_issue_V1_s. _%_Mr. _%_Applegate_V1__V1__V1_ responded the report that_V2_ _V1_provides_V1__V1_ a good _V1_frame_V1_work _V1_for _V2_everyone _V1_in _%_Florida to _V1_work _V1_with_V1_.

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Mr. _%_Applegate stated the _V1_final _V1_thin_V1_g h_V1__V1_e wants _V1_to _V1_talk _V1_about _V1_is both the _V1__#_In_V2_vestment _V2__#_Policy _V1_and the _V1_use _V1_of a _V2__#_Financial _V1__#_In_V2_vestment_V1_ _#_Advisor. _V1_ _%_He expressed that he_%_ has been asked a lot of questions over the last couple of months r_V1_egarding those issues. _#_He knows_%__V1_ _V1_that _V1__V1__V1__%_County staff wants to_V1_ work with the _V1__#_Clerk_W!1_'s _W"1__%_Office on _W#1_it, _W$1_that _W%1_sometimes _W&2_there_W(1_ is dis_W)1_a_W*1_greement_W+1_, but _W,1_they _W-1_have _W.1_to _W/1_work _W01_through _W11_that_W21_. _%__%_Mr. _%_Applegate noted the _%_Board received his memo and he _WT1_pro_WU1__WV1_vid_WW1_ed i_WX2_t _WZ1_to _W[2_Susan _W]1__%_Dietrich, _%_Clerk's _%_Office _%_Attorney, last _W^1_week _W_1_as _W`1_a _Wa2_follow_Wc1_-up _Wd1_to the _We2_letter _Wg1_that _Wh1_the _Wh1__%_Clerk's _%_Office _Wi1_pro_Wj2_vided _Wl1_to _Wm1_the _%_County _Wn1_at _Wo1_a _Wp2_meeting _Wr1_a _Ws1_few _Wt2_weeks _Wv1__Ww1__Wx1_ago.

Mr. Applegate began a PowerPoint presentation (copy received and filed) entitled Investment Authority. Mr. _%_Applegate displayed the W_%_WW_#_hat _Wz1_do _W{1_the_W|5_ _#_Constitutional _#_Articles_W1_, _%_Florida _#_Statutes, and _W1_Seminole County _W1__#_Home _W1__#_Rule _W1__#_Chart_W1_er _W1_Pro_W2_visions _W1_Have _W1_in _W2_Common slide which listed the following: _W1_ _%_Article _%_V and _%_Article _%_VIII,_%__%_ Florida _%_Constitution; _%_Chapter 28, _%_Chapter 125 and _%_Chapter 218, _%_Florida _%_Statutes 2016; and _%_Section 3.1, _%_Seminole _%_County _%_Home _%_Rule _%_Charter. _%_He explained that _W1_n_%_owhere in any of these provisions is there a mandate that requires the _%_Clerk,_W2_ acting _W1_in _W1__W1_h_W1_is ministerial _W3_capacity _W1_as _W2_custod_W1_ian _W1_for the _W1__#_Board _W1__W1__W1__W2_of _%_County _%_Commissioners, _W1_to be _W1_the _W1_sole _W1_authority _W1_on _W1_how _W1_sur_W1_p_W1__W1__W1_lus _%_c_W1_ounty funds are to be invested. _%_H_W1_e noted that the memos go into_W1_ much more detail_W1__%_.

Next, _%_Mr. _%_Apple_%_gate displayed the Now W_%_hat do the Following _#_Constitutional _#_Article, _%_Florida _#_Statutes and _%_Seminole _%_County _%_Home _%_Rule _%_Charter provisions have in C_%_C_W1_ommon slide which listed the following: _%_Article _%_VII, _%_Florida _%_Constitution; _%_Chapter 28, _%_Chapter 125, _%_Chapter 218, _%_Florida _%_Statutes 2016; and _%_Section 2.2, _%_Seminole _%_County _%_Home _%_Rule _%_Charter. _%_He explained t_%_ogether_%_ _W1_they _W1_pro_W1_vide _W1_the _W1_clear constitutional, statutory and home rule authority_W1_ _W1_and _W1_responsibility _W1_for the _W1__#_Board _W1_of _W1__#_Count_W1_y _W1__#_Commission_W1_ers _W1_to _W1_develop _W1_and _W1_a_X!1_dopt _X"1_the _X#1_in_X$2_vestment _X&2_policy _X(1_for _X)2_surplus _X+1__#_c_X+1_ount_X,1_y _X-1_funds _X.1_in _X/1__X01_accord_X11_ance _X21_with _X31__#_s_X31_tate _X43_and _X71__%_f_X71_ederal _X82_laws_X:1_. _X;1__X<1__X=1__%_He informed the _%_Board t_#_his _X>1_is _X?1_not just _X@1_the _XA1_opinion _XB1_of the Countys _XC1__XD1_counsel_XE1_ after _XF4_reading _XJ1_the _XK1_plain _XL2_m_XL2_ea_XL2_ning _XN1_of _XO1_all _XP1_of the aforementioned constitutional, statutory and home rule charter provisions. _#__XR1__XS1__XT1_ _#_The _%_Florida _XU3_Supreme Court _XX1_and the _XY1__%_Florida _#_Attorney _XZ1__#_General _X[1__X\1_have _X]1_also _X^2_stated _X`1_in _Xa1_no _Xb1_un_Xc2_certain _Xe1_terms _Xf1_that _Xg1__Xh1_t_Xh1_he _#_Board _Xi1_of _Xj1__#_Count_Xk1_y _Xl1__Xm1__%_Commissioners _Xn1_has _Xo1_the _Xp1_authority _Xq1_to determine how surplus _%_c_Xq1_ounty funds are to be _X}1_in_X~3_vested_X1_ _X1_by the _X1__#_Clerk _X1_acting in i_X1_ts ministerial capacity as _X2__#_custod_X1_ian _X1_of the _X1_funds_X1_.

Mr. Applegate referred to the Supreme Court case Alachua County v. Powers 351 So. 2d 32 (Fla. 1977) slide and read the following excerpt: "There appears to be no conflict with the holding of the court below that the board may by appropriate resolution designate the investment place of surplus funds and the clerk is required to carry out the board's directive. In the alternative," and it is not the case here, "where the board does not so designate the investment of surplus funds, these funds are to be invested by the clerk pursuant to Section 28.33, Florida Statutes (1975). On the other hand, the boards of county commissioners have long had the authority to provide, by resolution, for the investment of 'any surplus public funds in their control or possession'" and those funds are in the Board's control and in their possession. They are funds raised by the legislative actions throughout the history of this County that the BCC has taken.

Mr. Applegate reviewed the Specifics slide on page 9. He added that with regard to _%_Section 218.415, _%_Florida _%_Statutes,_Y1_ it says the _Y3_governing _Y2_body _Y1_with _Y4_legislat_Y1_ive _Y1_pow_Y1_ers _Y4_is the body that establishes _Y1_the _Y1_in_Y2_vestment_Y2_ policy_Y1_. _Y1__%_He explained that in the#__Y1_ _Y2_meeting _Y1_with the _Y1_then _Y1__#_Clerk_Y2_, _%_Maryanne _%_Morse,_Y1__Y1__Y1_ _Y1__Y1_the _Y2_issue _Y1_was _Y2_raised _Y1_that while _Y1_it is true that the _Y1__#_Clerk _Y1_is _Y1_mention_Y1_ed _Y1_as _Y1_the definition of _Y2_unit _Y1_of _Y1_local _Y1_government_Y1_, _Y1__Y1_the _Y1_unit of _Y1_local _Y1_government _Y1_also in_Y1_cludes _Y1_any _Y1_government_Y1_al _Y1_enti_Y1_ty _Y1_of the _Y1_state, _Y1_and counties are _Y2_specifically _Y2_mentioned.

Mr. _%_Applegate displayed the next slide and asked c_#_an _ZA1_a _ZB1__%_B_ZH1__ZC1__ZD1__ZE1__ZF2__ZH1_oard of _%_County _%_Commissioners delegate investment authority, and _ZI1_if _ZJ1_so, _ZK1_can _ZL1_it _ZM2_later _ZO1_change the policy. _%_He stated the answer is yes_ZP1_,_ZP1__#_ which leads to the existing _%_Section 3.35 of the _%_Seminole _%_County_%_ Admin_ZP1_istrative _%_Code and_%_ _#_Resolution _%_95-R-237 creating that section. _%_M_ZP1_r. _%_Applegate quoted from _%_Resolution _%_95-R-237, "The _%_Board _Zt1_shall _Zu1_have _Zv1__Zw2_approval _Zy1_and _Zz2__Z|1_amendment _Z}1_pow_Z~3_ers _Z1_ov_Z1_er these investment policies, the implementation of which is delegated to the _%_Clerk, acting in her capacity as the _%_Clerk to the _%_Board, _%_a_Z1_uditor, r_%_ecorder and custodian of _%_c_Z1_ounty funds."

Mr. Applegate asked if all of this means that if the Board of County Commissioners uses its financial advisor to either make recommendations or directs the Clerk on how to invest, the Clerk has to follow the direction if he believes the directions violate county policy or state and/or federal laws. He explained of course not. The Clerk would have the right to ask for a meeting with the appropriate officials to resolve the issue.

Mr. _%_Applegate stated _%__Z1__Z1__Z1__Z1__Z1__Z1__Z2_the _%_County has _Z1_been _Z2_talking _Z1_about _Z1_this _[!1_issue_["1__[#1_ for _[$1_months_[%1_. _%_They _[&1_had _['1_a _[(1_work _[)1_session _[*2_several _[,1_months _[-1_ago _[.1_where the _[/1_first _[01_thing that _[11__[21__[31_was _[41_said _[51_was that this was not _[61_in _[71_any way _[81_m_[81_eant _[91_to _[:2_attack _[<1_the _[=1__#_Clerk_[>1_ _[?1_or _[@1_any _[A2_future _[C1__#_Clerk_[D1__[E1__[F1__[G1__[H1__[I1_. _%_He explained that_%__%_ _[Y1_ _[]1_from _[^1_this _[_1_point _[`1_on,_[a1_ the _%_Board _[b1_has_[b1_ the _[c1_responsibility _[d1_and _[e1_the_[f1__[f1_ authority _[g1_to ensure_[h1_ the investment of surplus _[m1_funds_[n1_, _[o2_mone_[q1_y _[r1_that _[s1_they _[t1_hold in public trust, is _[1_pru_[1_dent _[1_and _[1_sound; _[1_and noted _[2_it is _[1_not _[1__[1_crit_[1_icism_[1__[2_ or directed _[1__[1_toward any _[1_person _[2_sitting _[1_in the _[1__#_Clerk_[1_'s _[1_chair. _[1__%_M_[1__[1_r. _%_Applegate stated with _[1_that _[1_being _[1_said, _[1_he _[1_knows _[1_that _[ 1__#_Count_[1_y _[1_staff _[1_wants _[3_to _[1_meet _[1_with the _[1__#_Clerk _[1_to _[1_see _[1_if _[1_the_[1_ mat_[1__[1_ter can be _[2_worked _[1_out _[1_so _[1_that _[1_the_[4_ appropriate _[2_resolution _[1_can be _[2_finally _[2_drafted _[1_and _[2_considered _[1_by _[1_the_[1_ _[1__#_Board_[1_.

Regard_[1__[1__[1__[1__[1__[1_ing the _#_Financial _#_Consultant, _[1__%_Mr. _%_Applegate stated that _[1_on _[1_August _[3_26, 2014, _[1_after the _[1_con_[1_clusion _[1_of _[1_a _[2_public _[1_com_[1_peti_[1_tive _%_RFP_[1__[1__[1__[1_ process _[1_which com_[2_plied _[1_with _[1_all state laws and _%_County _%_C_[1_ode requirements, and there were no challenges thereto, the _%_County entered into a _#_Financial _#_Consultant _#_Agreement (RFP-602035-14) with _%_First _%_Southwest _%_Company, and pursuant to _#_Section 1 of the _#_Agreement and _#_Exhibit _%_A attached thereto, _%_First _%_Southwest _%_Company can provide among other things the following services: periodic analysis of market conditions, both within the state of Florida and nationwide; any potential gains that might be realized from the refunding of outstanding _%_County bond issues; prepare and deliver presentations designed to facilitate an understanding of public sector financing and its implication to _%_t_[1_he _%_Board_%_ as requested;_[1_ provide investment management services such as esc_[1_row monitoring and/_[1_or restructuring where applicable;_[1_ monitor the _%_County's debt structure and provide innovative or creative ideas for enhancing the _%_County's position, improving coverage, reducing debt load, reducing interest rate, removing restrictive covenants_[1_; and finally, perform other related services as required and as it relates to financial planning and general financial advisory services.

Mr. _%_Applegate advised_%_ if t_[1_he _%_Board decides down the road that they would like a financial advisor from _%_First _%_Southwest _%_Company to either make recommendations or directions on how _%_County surplus funds can be invested, clearly, under this _#_Agreement approved at a public _%_RFP process, approved by this _%_Board, they can choose to do so.

ITEMS FOR FUTURE AGENDA

Grey Wilson, 5255 Shoreline Circle, addressed the Board and stated he is the chairman of the Lake Forest Community Affairs Committee and he is here on behalf of the Homeowners Association to support the recent Lake Forest Commercial PUD Agreement that happened between the AutoZone/Care Now property, Terracina and his community. He gave a brief overview of where they started and how it ended and thanked the Board for how the process works.

Speaker Request Form was received and filed.

DISCUSSION ON INVESTMENT POLICY (CONTINUED)

With _`@1_regard _`A1_to the _`B1__#_In_`C2_vestment _`E2__#_Policy _`G1_procedure_`H1__`I1__`J3_s and the policies _`M2_currently in place, Grant _%_Maloy, _%_Clerk of _%_Court and _%_Comptroller, s_`?1_tated _"_ _`O1__`P2_he has _`R1_been_`S2__`U1_ _%_Clerk for _`V1_a _`W1_week _`X1_now _`Y1_and one of _`Z1_his long_`[1_-range _`\1_goal_`]1_s is to review all of the processes that are currently in place and see _`^1_how _`_1_he can _``1_modernize and upgrade._`a1__`b1__`c1__`d1__`e1__`f1_ _`g1__%_He explained that _"_on the _`h3__#_Investment _`k2__#_Policy_`m1_, _`o1_it _`p2_makes _`r1_sense _`s1_to _`t1_have _`u1_an _`v3__#_Investment _#_Policy _`y2__#_Advisor. _#_It makes sense to have an annual _`{1_re_`|1_view _`}1_o_`}1_f _`~1_that _`1_at _`1_a _`1_joint _`2_meeting._`1__`1_ _#_It _`2_makes _`1_sense _`1_to _`1_have _`1_good _`2_reporting_`1_. _`1_He added that in regard to_`1_in r _`1_the _`1_discussion_`2_s that_`1_ hav_`1_e been _`1_going _`1_on _`1_for _`1_month_` 1_s, from h_` 1_is perspective (h_`1_e was _`1_at _`1_the _`1_work _`1_session _`1_in _`1__#_March)_`1_ _`1_there _`1_was _`1_never _`3_any _`1_direction _`1_other than _`1_that staff _`1_was _`1_going _`1_to _`1_come _`1_back _`1_with some _`2_options.

_%_Mr. _%_Maloy stated the first time that he or his staff had any details on the item is when it popped _`1_up _`1_on the agenda _`1_. _#_And _`1_when you _`1_read _`1_the_`1_ current _`1_pro_`2_posal_`1_, it _`1_quite _`2_clearly _`1_says _`1_that _`1_the_`1_ In_`2_vestment A_`3_AAdvisor _`1_will _`1_direct _`1_and _`1_over_`1_see _`1_the_`1_ management_`2_ _`1_in _`1_a _`2_couple _`2_different _`2_places. _%_He expressed that _#_is _`1_the_`2_ issue _`1__`1_he has _`1_some major_`1__`2_ problems _a!1_with_a"1_. _%_The Clerks Office is an independent office that _a#2_answers _a%1_to the _a&2_citizens_a(1_. _a)1__%_H_a)1_e _a*1_do_a+1_esn't see _a,1_how_a-3_ _a11_a _a22_resolution can be worded to have_a41_ _a62_a contractor_a81_ _aJ1__aJ1__aM1_direct _aN1_t_aN1_he _%_Clerk or his staff on what to do._aO1_ Mr. Maloy noted he has never met the contractor and he was not a part of the _%_RFP process._aI1_ _%_M_aO1_r. _%_Maloy stated he is willing to work _aS1_with t_%_he _%_County _aT1_and _aU1_come _aV1_up _aW1_with _aX1_some _aY1_reasonable _aZ1_plan, _a[1_but _a\1_the_a]1_ method_a^1_ _a_2_that has _aa1_gone _ab1_on _ac2_doesn't _ae1_seem _af1_to _ag1_give_ah1_ h_ah1_im _ai1_a _aj1_lot _ak1_of _al1_comf_am2_ort. _%_There needs to be transparency.

_%_Mr. _%_Maloy_%_ n_am2_oted there was a comment made during an earlier disc_am2_ussion about the_%_ _%_Zoo that there was a lack of information from their board to this _%_Board, and _%_Mr. _%_Maloy would like to _a1_have _a1_some _a1_commun_a1_ication _a1_and come _a1_up _a1_with _a1_a _a1_plan _a1_that _a2_works. _a1__%_He opined that this_a1_ seems to be going over the line, and everybody he has _%_talked to says the wording is bad but h_a1_e has not seen a change to the wording.

Chairman _%_Horan _%_s_a1_tated the staffs are working together and_%_ they are certainly_%_ ready to get the matter resolved. T_a1_he _%_County just wanted to get advice from c_#_ccounsel that they were on sound legal grounds. _%_Commissioner _%_Henley _a1_e_a1_xplained_a1__a1_ when _%_he had a_a1_ _a2_meeting _a1_with _a1_the _a1__#_Count_a1_y _a1__#_Man_a2_ager _a1_in _a1_regard _a1_to _a1_a _a1_t_a1_hird _a1_part_a1_y _a2_giving orders to an _%_Elected _%_Official, _%_Ms. _%_Guillet indicated to him that she was not happy with that wording. _%_Chairman _%_Horan noted he wasn't_%__%_ impressed with it either. _%_Commissioner _%_Henley stated _%__a2_the recommendation would come to the _%_Board, and then the _%_Board would work with the _%_Clerk on the implementation of whatever strategy has been decided; but that apparently hasn't changed on any of the material that the _%_Clerk has received so _%_Commissioner _#_Henley can understand Mr. Maloys concern. _%_Chairman _%_Horan indicated the _%_County_%_ looks forward to working some of those kinks out with the _%_Clerk's _%_Office.

C_%_ommissioner _%_Carey explained in the 1995 _%_Resolution, when _bm1_that _bn1_was _bo3_adopted_br1_, there _bs1_were _bt1__bu1_polic_bv1_ies _bw1__bx1_put _by1_into _bz1_place _b{1_about the investments _b|1__b}1__b~1__b1_at _b1_that _b1_time_b1_. _#_So _b1_s_b1_he _b1_thinks _b1_it is _b1_t_b1_he _%_County's _b1_responsibility _b1_to _b1_have _b3_policies _b1_about _b1_the _b1_in_b2_vestments _b1_and _b1_what _b1_can _b1_and _b1_can't _b1_happen_b1_. _b1__%_She added that there are_b1_ _b1__b1__b2_statutory laws _b1_about _b 1_what _b1_you can _b1_and _b1_can't _b1_do; _b1_but _b1_t_b1_he _%_Board, _b1_as _b1_the _b2_guardians _b1_of the _b2_money_b1_,_%_ has _b1__b1_to _b1_have _b1__b1_it. _b1__%_She agreed that it_b2__b1__b1__b1_ _b1_should _b1_be _b1_a _b1_conversation _b1_that _b1_they _b1_have _b1_a_b1_mong everyone_b1__b1_ and that they_%_ are all here for the same reason, to serve the public. _%_Commissioner _%_Carey stated she_%_ wants to make sure that the _%_Board continues to get the regular investment reports; and if the _%_Board has_b1_ someone who is giving t_b1_hem advice, it should be a conversation between everyone so that t_b1_hey are all on the same page. Mr. _%_Maloy indicated he_%_ is _cX2_willing _cZ1_to do _c[1_that,_ck1_ but he doesn't_cl1_ _cm1_see _cn1_what _co1_the_cp1_ real _cq1_rush _cr1_is_cs1_.

Chairman _%_Horan _%_s_cu1__ct1__cu1_tated the _cv2_issue _cx1_here _cy1_i_cy1_s _cz1_t_cz1_he _%_Board _c{1_had the _c|1_responsibility_c}1__c~1__c1_ and the authority_c2_. _%__c1_Th_c1_ey are going _c1_to _c2_adopt _c1_an _c3__#_Investment _c2__#_Policy_c1_. _#_In _c1_terms _c1_of the _c1_lo_c1_gist_c2_ics _c1_of _c2_working _c1_it _c1_out _c1_and how it's implemented and so forth, _%_C_c1_ounty and _%_Clerk _c1_staffs _c1_can _c1_work _c1_together _c1_and _c1_do _c1_that_c 1_. _c1__c1__%_They a_%_re all dedicated_c1__c1__c1__c1__c1__c1_ to do the same thing and that is to make sure the _#_Investment _#_Policy is carried out in such a way that the _c1_sur_c1_plus _c1_f_c1_unds _c1_are being invested pursuant_c1__c1__c1__c1__c1__c1__c1__c1__c2__c1_ to a policy that's nimble enough to_c1_ be _c1_re_c2_sponsive _c1_to _c1_what_c1_ever _c1_kind _c1_of _c2_situation _c1_that _c1_t_c1_hey _c1__c3__c1_encounter_c1_. _c1__#_He opined there is no real _c1_problem _c1_here_c1_ _c1_and thinks the _%_County_c1_ can _c1_iron _c1_out _c1_the_c1_ _c2_language_c1_. _%_Chairman _%_Horan reiterated that he wanted_d.1__#__d/1__d01__d11_ to _d21_make _d31_sure _d41_that _d51__d63_this _#_Board_d91_ knew _d:1_what _d;1_its legal authority was, to be advised by its counsel, and they look forward to working with the _%_Clerk _dP1_to _dQ1_get _dR2_appropr_dU1_iate _dV1_procedures _dX1_so _dY1_that _dZ1_the _d[1_b_d[1_est _d\2_interest _d^1_of the _d_1_people of _%_Seminole _%_County _d`1_with _da1_regard_db1_ to _dc1_this_dd1_ issue is addressed.

Ms. _%_Guillet announced she would like_%_ to clarify some things for the public's benefit. _%_She doesn't_%_ want the public_%_ to think that there were not attempts on the part of the _%_County to discuss that policy with the _%_Clerk's _%_Office before it came to the _%_Board a month and a half ago._d1_ _%_The _%_County _d1_did _d1_make _d1_multi_d1_ple _d1_attempts _d1_to _d1_have _d2_discussion_d1_s with the _d1_form_d1_er _d1__#_Clerk _d1_about _d1_it, _d1_and the _d1__d1__d2_invitations_d1_ were _d1_not _d1_accep_d1__d1_ted. _%_She explained w_%_hen staff learned that there were concerns on both the former _%_Clerk's and _%_Mr. _%_Maloy's part, staff met with them. And since then, there _d1_have _d1_been _d1_some _d2_thing_d2_s _d1_raised publicly in regard to_d1__d3__d1__d1__d1_in whether or not what the County is attempting to accomplish through that policy _d1_i is _d1_legal _d1_or _d1_not _d1_legal,_d1_ so the County stepped back and talked with legal counsel. _%_The _%_County has been trying to get _d2_clarification _d1_on _d1_those _d3_issues, _d1_and they _d1_c_d2_ertainly _d1_want _d1_to _d1__d1_engage _d1_t_d1_he _%_Clerk. _%_Ms. _%_Guillet stated they_%_ have internally been working on some revisions that address the issues that the _%_Clerk _%_raised when he and _%_Ms. _%_Morse met with _%_D_d1_eputy _%_County _%_Manager _%_Bruce _%_McMenemy. She reiterated the County did attempt to engage the Clerks Office and is trying to address some of the issues that have been raised.

Commissioner _%_Henley _%_e_d1_xpressed that he does not want the public to think that the _%_Clerk has challenged the_d1_ _%_Board's authority. _%_He has_d1_ not heard t_d1_he _%_Clerk say that t_d1_he _%_Board doesn't have the authority to adopt these policies. _%_He opined that _%_what he thinks the _%_Clerk is saying is that his concern is about a lack of communication _e1_on _e1_the issue. _e1__%_C_e1_ommissioner _%_Henley noted the public may think there is a wide gap there;_e1_ but from his own discussions, he doesn't believe there is a gap. _e1__%_Chairman _%_Horan stated the _%_Board_%_ has the authority to do it. _%_Mr. _%_Maloy responded he doesn't_%__%_ believe they have the authority to do this; and his legal counsel advised him that the current proposal, the only one _%_h_e1_e can see, is going too far. Discussion ensued. Commissioner Carey stated she believes it has been made clear today that there is intent to work together. She added they are all working for the same common goal, which are the people they serve.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:39 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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