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_ ex tension
of the Osceola County Parkway from
Boggy Creek to SR 417.
She stated some
of the Commissioners have been
very act ive in
what is happening _E1_out on the east side of Orange Count y . T his will im pact the areas of Lake
Nona , Moss Lake Park
and Deseret Ranch; and w_#_hen that
occurs, it will make
Osceola County a little
easier to get
in and out of . T hat is scheduled for Tuesday , January 24th ,
at 5:30 p.m., at the Osceola Heritage Park Exhibition
Building. She
added if any of the Board
members want to attend that , they can reach out to Jeff Jones, Executive
Director of the Expressway _%_Authority. That notice has
been sent to the
board members of the Central
Florida Ex press way
Authority .
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Commissioner Carey stated she recently had an opportunity
to _Fm1_see Mandy
Nice who h eaded up the Countys w ellness network .
The County had
received an award both in _F5_2014 and 2015 under her leadership .
Ms. Nice could not apply
for 2016, as she is no long er the
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
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.
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Chairman Horan discussed the Elite
Clubs _%_National League
press conference in December._I_2_ He noted
it brings about $2
million pe r year in ec o nomic im pact
and it 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 2018, and it is a three- year _I1_deal
that wil l bring an additional 150 teams
and their spectators.
-------
Chairman Horan stated the Seminole
County senior football _I1_play ers
defeat ed the Orange
County senior football
players 24 to 7 in the Backyard
Blitz _%_Bowl on December
14th at Showalter Field .
It was a wond er ful
e vent
that was very well attended by about 500 to 600
people. They have been
doing it for a number of years but
this is the first time
it _J1_has been
done under the
Back yard B litz
organization.
-------
Chairman Horan discussed a tour he received last week of the U S O facilit y at the Orlando International Airport with Veteran Services Officer
Ed Burford. He
noted what a great facility it was and that it is also open to veterans and
retired military.
-------
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 can
look for increased bed
tax _Ll1_receipts and, of course, the
related sales tax receipts that come from people visiting the
C ounty .
-------
Chairman
Horan discussed the 29th Annual
Central 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. Chairman Horan stated _%_they were well aware of
the Countys fertilizer Ordinance; and according to their studies
and _MM1_reports from
all over the nation regarding golf- course maintenance,
nutrient use and n itrogen is down 34%
nationally, phosphorous is
down 53%, and water use is down 22%.
-------
W ith regard to Sun Rail , Chairman Horan mentioned the memo from the Count y Attorney 's
Office regarding the
summary of the various operative
agreements
and _M1_a timeline concerning what has to be d one between now
and the time the local governments
take over the _M1__M1_operation . The var ious
a greement s
are very well summarized and
this will help _M1_the Board participat e
in a meaningful way in what t he
SunRail Commission is doing right now with regards to
the Task Force _M1_and coming
up _M3_with procedure s s o
they can be re ady to take
over when the S_N$1_SState gives
op erations and maintenance over to local
governments.
-------
Chairman
Horan discussed a memo from
the Count y Attorney with regard to the Charter Review Commission,
which comes up this
year.
T he Charter Review Commission will have to
be appointing people , and the
logistic decision the Board has to make is who gets which cities and so forth . 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 last time, District
2 _N1__N1__N1_touched three _N2_cities;
but _N1_now with
the re drawing _N1_of the district , it _N2_makes sense
if there are two cities that they be Casselberry and Winter Springs
in District 2. He reiterated that they should be coming up with the logist ics as to whos got whose
appointment s 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 then
figure out where they live.
-------
_%_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.
-------
Chairman
Horan stated there has _O1_been
a lot of mis information on the issue with regard to Volusia
Count y 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 infra structure on
those prop ert ies .
That is the only issue
that is related h ere, and there is no
dis_O1_pute
between Volusia County and _%_Seminole County. Everyone is working together with
regard to freight- mobility
facilities and the fact
that there is a paucity
of _O1_them in
Central Florida. He added there is no
animus, no dis pute between Seminole County and Volusi a
County with regard to the
DOT and the rest areas, and
reminded that everyone is working
together to try to
figure out how they
are going to locate ,
site, create and invest in freight-mobility facilities in this region.
-------
Chairman Horan announced that the Scot tish
Highland Games are going to be this weekend
and the county gets somewhere in the n eighborhood
of 25,000 to 30,000 people i 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.
-------
Mr. _S1__#_SunR ail , he knows that Commissioner Henley
actually started the process in_S1_in asking
ab_S1_out the
"legal clicks " that have
to _S2_occur between
now _S1_and 2021 for the
take_S1_over from
F_S1_D O T. Mr.
Applegate reminded the Board t hat his Office
has a bind er
with all of the agreements tabbed with indexes
and _T"1_the
amendments there to. He
noted his office was not involved
in the drafting _T51_of those
a greement s
so t hey really wanted to pour through them and talk about
issues that need to
occur .
Mr. Applegate thanked Ms. Guillet and her staff and added that a committee is being formed to look at these issues am ong the
local governments. He noted that Ms.
Guillet is already actively involved in that effort.
-------
Mr. _%_ Chart er Re view
Commission, the Board is correct that
the _T1_list is
from the last appointment
process; a nd since _T3_redistricting , all of
that is going to change. He
suggested that sometime in June, perhaps at
the _#_June meeting, t he
Board s hould start talking about the _T1_process o f how t hey
want to divide the assignments up that _T1_are basically
at _T1_large and at the cities .
-------
Mr. _T1_they have complete d
t heir ethics training for
2016 and r eminded the Board, when_U#1_when in doubt,
don't be a fraid
to _U+1__U,1_ask.
-------
Mr. _UC1_very involved
with the Florida A ssociation of
Count y Attorneys (FACA)
organization , and in June he
fin_UX2_ished his
term as president _U_3_of the organization. One
of the major projects that
was recently complete d w as
head ed up by David Shields,
Assistant County Attorney. It
was a special committee of several _U|2_assist ant
count y attorneys throughout
the_U1_ state
and Paul Chipok , Assistant County Attorney , was act ively
involved in that . Mr.
Applegate stated that a report was issued that is now on
the FACA web site about
c ell
tow ers and the _U1_right- of- way .
Not o nly in Florida
but _U1_throughout the country there are legal issues brewing
r egarding _U1_c ell tow ers and
companies thinking _U1_they hav e the r ight
to install large cell
tow ers in right- of- way_U1_. Mr. Applegate complimented Mr.
Shields for over seeing
the _U1_effort
and noted that FACA is very hap py
with the report .
Chairman _V{1__V|1_ more and more of
these companies coming in
and demanding to be in right- of-_V2__V2_ways . T hey don't
know what the L egislato_V3_r is
going to do with it ,
but they have to be prepared
to _V1_not only effectively lobby through their
organizations but also
be _V3_prepared for the County's
own enacting of ordinances on those
particular issue s. Mr. Applegate
responded the report that provides_V1__V1_ a good frame work
for _V2_everyone in Florida
to work with .
-------
Mr. _V2__#_Policy and the use
of a Financial In vestment
Advisor. He expressed that he has been asked a lot of questions over the last couple
of months r egarding those
issues. He knows
that County staff wants
to work with the Clerk_W!1_'s Office
on it, that sometimes there is dis a greement , but they have
to _W/1_work through
that_W21_. Mr. Applegate noted the Board received his memo and he _WT1_pro vid ed i t to
Susan Dietrich, Clerk's Office Attorney,
last week as a follow -up to the letter
that the Clerk's Office
pro_Wj2_vided to
the _%_County at
a _Wp2_meeting a
few _Wt2_weeks ago.
Mr. Applegate began a PowerPoint
presentation (copy received and filed) entitled Investment Authority. Mr. Applegate
displayed the W hat do the
Constitutional Articles , Florida
Statutes, and Seminole County Home _W1__#_Rule Chart er Pro visions
Have in Common slide which listed the following:
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 n owhere in any of these provisions
is there a mandate that requires the Clerk, acting _W1_in h is ministerial capacity _W1_as custod ian for the Board
of County Commissioners, to
be the sole authority on
how _W1_sur p lus c ounty funds are to be invested. H e noted that the memos go into much more detail .
Next,
_%_Apple gate
displayed the Now W hat do
the Following Constitutional Article, Florida Statutes
and Seminole County Home Rule
Charter provisions have in C 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 they
pro_W1_vide the
clear constitutional,
statutory and home rule authority
and _W1_responsibility for the Board
of _W1__#_Count y
Commission ers to develop
and _W1_a dopt
the in vestment policy
for _X)2_surplus c ount y funds
in _X/1__X01_accord ance with s tate and
f_X71_ederal laws .
He
informed the Board t his is not
just the opinion _XB1_of the Countys counsel
after reading the plain m ea ning of
all _XP1_of the aforementioned constitutional, statutory
and home rule charter provisions.
The _%_Florida Supreme
Court and the Florida Attorney General have
also stated in no
un_Xc2_certain terms
that t he Board
of _Xj1__#_Count y
Commissioners has the authority
to determine how surplus c ounty funds are to be in vested by the Clerk
acting in i ts ministerial capacity as custod_X1_ian of
the funds .
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,
it says the governing body with legislat ive pow ers
is the body that
establishes the in vestment
policy . He
explained that in the meeting _Y1_with the then Clerk , Maryanne Morse, the _Y2_issue was
raised that while it is true that the Clerk _Y1_is mention ed as the
definition of unit of local government , the unit
of local government also in cludes any
government al enti ty
of the state, and counties are specifically mentioned.
Mr. _ZM2_later change
the policy. He stated the answer is yes ,
which leads to the existing Section
3.35 of the Seminole County Admin istrative
Code and Resolution 95-R-237
creating that section. M r. Applegate
quoted from Resolution 95-R-237, "The Board shall have
approval and amendment pow ers ov er these investment policies, the implementation of
which is delegated to the Clerk,
acting in her capacity as the Clerk
to the Board, a uditor, r ecorder
and custodian of c 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. _%_County has been talking
about this issue
for months .
They had _['1_a work
session several _[,1_months ago
where the first thing that was
said was that this was not in any way m eant to attack
the Clerk_[>1_ or
any _[A2_future Clerk . He
explained that from this point on, the Board has the responsibility and the authority to ensure_[h1_ the investment of surplus funds , mone y that they
hold in public trust, is pru dent and
sound; and noted _[2_it is not
crit icism or directed toward any person sitting
in the Clerk_[1_'s chair. M r. _%_Applegate stated with that being
said, he knows that
Count y staff wants
to _[1_meet with
the Clerk to see if
the_[1_ mat ter
can be worked out so that
the_[4_ appropriate resolution can
be finally drafted _[1_and considered
by _[1_the
Board .
Regard_#_Consultant, Mr. Applegate
stated that on August 26, 2014, after
the con clusion _[1_of a
public com peti tive
RFP process which com plied
with all state laws and County C 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 he Board
as requested; provide
investment management services such as esc row monitoring and/ or
restructuring where applicable;
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 ; and finally,
perform other related services as required and as it relates to financial
planning and general financial advisory services.
Mr.
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
regard to the In vestment
Policy procedure_`H1__`I1__`J3_s and the policies currently in place, Grant Maloy, Clerk of Court
and Comptroller, s tated he has been
Clerk for a week now
and one of his long_`[1_-range goal s is to review all of the
processes that are currently in place and see how he
can modernize and upgrade. He
explained that on the Investment Policy_`m1_, it
makes sense to have
an _`v3__#_Investment Policy Advisor. It
makes sense to have an annual re view o f
that at a joint
meeting. It
makes sense to have
good reporting_`1_. He added that in regard to the discussion s that hav e
been going on for month s, from h is perspective (h e was at the
work session _`1_in March) there was
never any direction other
than that staff was going to
come back with some options.
Mr. Maloy stated the first time that he or his staff had
any details on the item is when it popped up on the
agenda . And
when you read the
current pro posal , it quite
clearly says that the In vestment A dvisor
will direct and over see the
management in a couple
different places. He
expressed that is the issue he
has some major problems with . The Clerks Office is an
independent office that answers
to the citizens .
H e do esn't
see how a resolution
can be worded to have a contractor direct t he
Clerk or his staff on what to
do. Mr. Maloy noted he has never met the
contractor and he was not a part of the RFP process. M r. Maloy stated he is willing to work with t he County
and _aU1_come up
with some reasonable plan,
but _a\1_the
method that has _aa1_gone on
doesn't seem to give h im a
lot _ak1_of comf ort. There
needs to be transparency.
Mr. Maloy
n oted there was a comment
made during an earlier disc ussion
about the Zoo that there was a lack of
information from their board to this Board,
and Mr. Maloy would like to have some commun ication _a1_and come up with a plan that
works. He
opined that this seems to
be going over the line, and everybody he has talked to says the wording is bad but h e has not seen a change to the
wording.
Chairman
Horan _%_s tated
the staffs are working together and
they are certainly ready to
get the matter resolved. T he County just wanted to get advice from c ounsel that they were on sound
legal grounds. _%_Commissioner Henley e xplained_a1__a1_ when he had a meeting _a1_with the
Count y Man ager
in _a1_regard to
a _a1_t hird
part_a1_y 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 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 that was adopted , there _bs1_were polic ies put into
place about the investments at that time . So
s he thinks
it is t he County's
responsibility to have policies
about the in vestments
and _b1_what can
and _b1_can't happen .
She added that
there are statutory laws about what you
can and can't do; but
t he Board,
as _b1_the guardians
of the money ,
has to have it. She agreed that it should be a
conversation that they have
a mong everyone
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 someone who is giving t hem advice, it should be a
conversation between everyone so that t hey
are all on the same page. Mr.
Chairman
Horan _%_s tated
the issue here i s
t he Board
had the responsibility and the authority .
Th ey are going to adopt an
Investment Policy_c1_. In terms of
the lo gist ics of
working it out and
how it's implemented and so forth, C ounty and _%_Clerk staffs
can _c1_work together
and _c1_do that . They
a re all dedicated to do
the same thing and that is to make sure the Investment Policy
is carried out in such a way that the sur plus f unds
are being invested pursuant
to a policy that's nimble enough to
be re sponsive _c1_to what ever kind of
situation that t hey
encounter .
He opined there
is no real problem here and
thinks the County can iron out
the_c1_ language .
Chairman Horan reiterated that he wanted to make sure that
this Board knew what
its legal authority was, to
be advised by its counsel, and they look forward to working with the Clerk to get
appropr iate procedures so
that the b est
interest of the people of Seminole
County with regard
to this 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.
The County did make
multi ple attempts to
have discussion_d1_s with the form er Clerk _d1_about it,
and the invitations were not accep 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 have been some
thing s 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 legal
or _d1_not legal, so the County stepped back and
talked with legal counsel. The County has been trying to get _d2_clarification on those
issues, and they _d1_c ertainly
want to engage t 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 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 xpressed that he does not want the public to think
that the Clerk has challenged
the _%_Board's authority.
He has not heard t he Clerk say that t 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 on the
issue. C ommissioner
Henley noted the public may
think there is a wide gap there;
but from his own discussions, he doesn't believe there is a gap. 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 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
tp/ks