BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JANUARY 26, 2016

 

     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 26, 2016, 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)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Terri Porter

 

 

     Pastor Eugene Smith, City Church, Sanford, gave the Invocation.  Commissioner Henley led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Gleman & Sons was presented.

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     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.

Nicole Guillet, County Manager, stated there is an add-on Item #2A regarding the Sanford Airport Authority Mutual Economic Incentive Agreement, and staff has requested that Item #21, the reallocation of funding for Minor Roads Utility Upgrades-Potable Water Project, be pulled from the agenda until a later date.

     Commissioner Carey confirmed with Pamela Lynch in Economic Development regarding Agenda Items #1 and #2 (QTI businesses) that the State extended the agreements as well.

COUNTY MANAGER’S CONSENT AGENDA

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

County Manager’s Office

Economic Development Division

1.    Adopt the amended Qualified Target Industry (QTI) Business Job Creation Schedule for Paylocity Corporation extending the date of completion from December 31, 2019 to December 31, 2020.  (A-1707-16)

2.    Adopt the amended Qualified Target Industry (QTI) Business Job Creation Schedule for FARO Technologies, Inc. extending the date of completion from December 31, 2017 to December 31, 2018.  (A-1696-16)

2A. Approve the Seminole County and Sanford Airport Authority Mutual Economic Incentive Agreement providing an $80,000 incentive to secure service from National Airlines at the Orlando-Sanford International Airport for a (10) ten-year period.  (A-1767-16)

Community Services

Community Development Division

3.    Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government.  (A-1740-16)

 

Development Services

Building Division

4.  Issue a determination that the unoccupied buildings located at 1010 Dunbar Avenue, Sanford, are a public nuisance and authorize the Building Official to serve Notice of Determination of Public Nuisance, pursuant to Sections 168.5 and 168.6, Seminole County Code; and set a date for a "Show-Cause" Public Hearing, as prescribed in Sections 168.5-168.7, Seminole County Code.  (A-1627-16)

Planning & Development Division

5.    Approve the minor plat for the Hickman Place subdivision containing two (2) commercial lots on 4.8 acres zoned C-2 (Retail Commercial), located on the northeast corner of West SR 46 and Hickman Drive; Shaman Foradi, Applicant.  (A-1614-16)

 

Environmental Services

Business Office

6.    Approve the Release of the original Maintenance Bonds for Water & Sewer Facilities for the projects known as Coventry at Heathrow (#SU117709 in the amount of $66,501.90) and the Colonial Heathrow Parcel 3/Verizon Building (#3352520 in the amount of $3,240).  (A-1726-16)

Utilities Engineering

7.    Authorize staff to submit a Grant Application to St. Johns River Water Management District (SJRWMD )through their Central Florida Water Initiative (CFWI) Springs Water Conservation Cost-Share Program for FY 2016 in the total amount of $500,000 for automated meter reading technology in the Wekiva Basin area; and authorize the County Manager to designate the Director of Environmental Service to execute any documents associated with the application on behalf of the County in accordance to Administrative Code Sections 1.10 and 22.20 D(1)d.  (A-1747-16) 

 

Leisure Services

Greenways & Natural Lands Division

8.    Approve and authorize the Chairman to execute an Agreement with Florida Power & Light Company (FPL) for the dedication of a non-exclusive easement for the construction, operation and maintenance of underground electrical facilities at the County’s new Sports Complex facility currently under construction.  (A-1703-16)

Parks & Recreation Division

9.    Approve and authorize the Chairman to execute an Agreement with the Sanford Airport Authority for the naming rights to the Seminole County Sports Complex Playground in the amount of $100,000 payable over five years, with the initial payment made upon execution of the agreement and remaining payments made in equal payments of $20,000 annually on the execution anniversary date for 2017, 2018, 2019, and 2020.  (A-1700-16)

Tourism Development Division

10.    Approve and authorize the Chairman to execute an Agreement with University Athletic Association (UAA) in the amount of $10,938.50 for the 2016 UAA Men’s Baseball and Women’s Softball Championships to be held March 6 through 13, 2016 at the Seminole County Softball Complex, the Historic Sanford Memorial Stadium, and the Seminole State College Baseball Field.  (A-1682-16)

11.    Approve and authorize the Chairman to execute an Agreement with Spring Break Sports, Inc. in the amount of $15,500 for the 2016 Spring Break Sports Tennis event to be held February 22 through April 1, 2016 at Sylvan Lake Park, Sanlando Park, and Red Bug Lake Park.  (A-1681-16)

12.    Approve and authorize the Chairman to execute an Agreement with Florida Collegiate Summer League, Inc. in the amount of $14,231 for the 2016 Florida Collegiate Summer League High School Invitational Baseball Tournament to be held March 14 through 18 and March 21 through 25, 2016 at Historical Sanford Memorial Stadium, Seminole High School, and Lake Brantley High School.  (A-1680-16) 

 

Public Safety

Business Office

13.  Approve and authorize the Chairman to execute the Mutual Termination of Agreement with Safe Kids Worldwide. 

(A-1618-16)

Emergency Management Division

14.  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-1695-16)

Public Works

Engineering Division

15.  Adopt appropriate Resolution #2016-R-16 and authorize the Chairman to execute a Local Agency Program (LAP) Supplemental Agreement with the Florida Department of Transportation (FDOT), FPN: 437456-1-58/68-01; and authorize the Chairman to execute appropriate Resolution #2015-R-17 implementing Budget Amendment Request (BAR) #16-022 through the Public Works Grants Fund in the amount of $61,434 to reduce grant funds provided by FDOT for construction of the Forest City Elementary School Sidewalk Project.  (A-1686-16)

16.  Adopt appropriate Resolution #2016-R-18 accepting a Drainage Easement located at 429 E. Hillcrest Street from Diane Alayon to Seminole County for the drainage protection of Hillcrest Street.  (A-1671-16)

Traffic Engineering Division

17.  Approve and authorize the Chairman to execute a Traffic Enforcement Agreement between Seminole County, the Seminole County Sheriff's Office, and Bella Vista at Lake Forest Homeowners Association, Inc.  (A-1675-16)

Resource Management

Budget and Fiscal Management Division

18.  Approve and authorize the acceptance of the Emergency Medical Services (EMS) Trust Grant Award in the amount of $85,230 from the Department of Health; and approve and authorize the Chairman to execute appropriate Resolution #2016-R-19 implementing the Budget Amendment Request (BAR) #16-023 through the EMS Trust Fund in the amount of $85,230 to establish funding for 95 Pediatric Emergency Resuscitation Systems.  (A-1711-16)

19.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-20 implementing Budget Amendment Request (BAR) #16-024 through the Neighborhood Stabilization Program Fund in the amount of $148,288 for appropriation of program income and 2nd mortgage provided/forgiven.  (A-1709-16)

20.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-21 implementing Budget Amendment Request (BAR) #16-025 to carryforward unexpended project budgets in the amount of $202,465,569 from FY 2014/15 to FY 2015/16.  

(A-1728-16)

21.  Pulled from the Agenda a request to approve a Resolution implementing Budget Amendment Request (BAR) #16-026 through the Water & Sewer Capital Improvement Fund to reallocate funding in the amount of $450,000 for the Minor Roads Utility Upgrades Potable Water Project.  (A-1746-16)

Purchasing & Contracts Division

22.  Award CC-0573-15/AMM, Hampton Park Pump Station Upgrades in the amount of $937,700, to L7 Construction, Inc., Sanford; and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-1704-16)

23.  Approve the Proprietary Source Procurement SS-602487-16/BJC for MaintStar Work Order Management Software System with MaintStar, Inc., Irvine, CA; and authorize the Purchasing & Contracts Division to issue annual Purchase Orders for the Annual Maintenance of the system in the amount of $42,500 per year plus an annual CPI increase of not-to-exceed 3.5% per year.  (A-1699-16)

24. Approve Amendment #1 to RFP-601999-14/BJC, Third Party Administrator Services, to Johns Eastern Company, Inc., Lakewood Ranch, to include a new fee schedule cited in Exhibit B of the Amendment in the Fixed Fee amount of $76,500 for FY 2015/16 and a not-to-exceed amount of $60,000 for claim expenses and other charge; and authorize the Purchasing & Contracts Division to execute the First Amendment.  (A-1575-16)

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk’s Office

 

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

25.  Approve Expenditure Approval Lists dated December 21 and 28, 2015, and January 4, 2016; Payroll Approval Lists dated December 17 and 31, 2015; and the BCC Official Minutes dated December 8, 2015; Clerk's "Received and Filed" is for information only.  (A-1730-16)

 

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

 

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The Board noted, for information only, the following Clerk’s “Received and Filed”:

1.    Pet Rescue Cooperative Service Agreement for Me and My Shadow Dog Rescue, Inc.

 

2.    Community Services Block Grant (CSBG) Training Provider Agreement Program Year 2015-2016 for Southern Technical Institute, LLC d/b/a Southern Technical College.

 

3.    Community Services Block Grant Funding Agreements for Fiscal Year 2015-2016 for Lighthouse Central Florida, Inc. and Meals on Wheels, Etc., Inc. as approved by the BCC on October 13, 2015.

 

4.    Tennis Development Instructor Agreement for Nicole Wilander.

 

5.    Associate Tennis Pro Agreement for Stan P. Aranda.

 

6.    Contract for Services Agreement for Patricia Lynn Smith.

 

7.    CDBG Subrecipient Agreement Program Year 2015-2016 for The Foundation for Seminole County Public Schools, Inc. and Kids House of Seminole, Inc. d/b/a Kids House Wayne Densch Children’s Advocacy Center.

 

8.    Closeout to Work Order #17 to CC-9192-13 with Corinthian Builders, Inc.

 

9.    Closeout to CC-9753-14 with Construct Co.

 

10.    Change Order #2 to Work Order #2 to RFQ-9093-13 with Wharton-Smith, Inc.

 

11.    Change Order #2 to CC-9226-14 with Halifax Paving.

 

12.    Change Order #3 to CC-9226-14 with Halifax Paving.

 

13.    Third Amendment to IFB-601934-14 with Siteone Landscape Supply, LLC f/k/a John Deere Landscapes.

 

14.    IFB-602336-15 Term Contract with Stryker Sales Corporation, through its Medical Division.

 

15.    First Amendment to RFP-602324-15 with Major Display, Inc.

 

16.    Second Amendment to PS-9462-14 with Ayres Associates, Inc.

 

17.    Work Order #6 to RFP-0336-15; Site Secure, LLC, a Miller Electric Company.

 

18.    Amendment #1 to Work Order #82 to PS-4388-09 with RS&H, Inc.

 

19.    Amendment #1 to Work Order #15 to PS-8286-13 with Kittelson & Associates, Inc.

 

20.    Amendment #2 to Work Order #14 to PS-8286-13 with Kittelson & Associates, Inc.

 

21.    Work Order #12 to PS-9738-14 with Environmental Consulting & Technology, Inc.

 

22.    Amendment #2 to Work Order #2 to PS-9742-14 with CH2M Hill Engineers, Inc.

 

23.    Development Order #15-27500046 for Alcoholic Beverage License for Saint Anejo Mexican Kitchen & Tequileria, Inland Western Winter Springs Red Bug LLC.

 

24.    Florida Public Service Commission (FPSC) Consummating Order regarding Order Approving Tariffs with Fort Meade and Chesapeake; Docket #07966-15; Order #PSC-15-0578-TRF-GU issued on December 21, 2015.

 

25.    Certificate of No Recall for RB Jai Alai, LLC dated 12/29/15.

 

26.    Bids as follows:

 

RFP-602368-15 from Berman Hopkins Wright & LaHam CPAs and Associates, LLP; Cherry Bekaert LLP; Carr, Riggs & Ingram, LLC; Moore Stephens Lovelace, P.A.; Purvis, Gray and Company, LLP;

 

PS-0121-15 from Bentley Architects + Engineers, Inc.; DRMP, Inc.; England-Thims & Miller, Inc.; Florida Engineering Group, Inc.; Geosyntec Consultants; Kisinger Campo & Associates, Corp.; Littlejohn Engineering Associates, Inc.; METRO Consulting Group, LLC; Moffatt & Nichol; Singhofen & Associates, Inc.; Vanasse Hangen Brustlin, Inc.; and

 

PS-0201-15 from Environmental Research & Design, Inc. (ERD); England-Thims & Miller, Inc.; Amec Foster Wheeler Environment & Infrastructure Inc.; Environmental Consulting & Technology, Inc.; Cribb Philbeck Weaver Group; Soil & Water Engineering Technology, Inc.; CPH, Inc.

 

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #26 – A-1648-16

The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2014/15 (December 2015).

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Agenda Item #27 – A-1647-16

The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2015/16 (December 2015).

LEGISLATIVE UPDATE

     Meloney Lung, Assistant County Manager, addressed the Board to give the Legislative Update.  She reported the Legislative Session began January 12 and the County’s four priorities this year include juvenile detention costs reimbursement, reducing homelessness, fiscal sustainability, and water resource legislation. 

     Ms. Lung advised that in mid-December, staff entered a budget appropriation request in both the House and Senate for approximately $4 million for the reimbursement of the overpayment of the juvenile detention costs.  She added that those are sponsored by Senator Simmons and Representative Cortes.

     Ms. Lung stated in regard to homelessness, HB 1235 is sponsored by Representative Brodeur and Representative Miller; SB 1534 is sponsored by Senator Simmons.  If passed, it will allow county leaders to redirect 25% of the SHIP funds for rental assistance, security and utility assistance, and eviction prevention.  There is a minor concern that currently they use a statewide homeless management system that is administered by the lead agency, Continuum of Care.  If the State chooses to do a different one, they will just have to do a duplication of effort and enter into two separate systems to monitor. 

     Ms. Guillet explained that the SHIP program funds right now can only be used for home ownership programs and there are people with immediate needs and that is not a program that is helpful to them.  So this would allow them to shift 25% of those funds to immediate needs such as rental assistance and payment assistance.

     Valmarie Turner, Community Services Director, addressed the Board to explain that the HMIS system is a requirement of the federal government and they use it with the Continuum of Care funding they receive from HUD.  She further explained they are required to enter their Emergency Solutions Grant and Continuum of Care dollars into that system.  She stated it would be good to have a state system and she supports that, but it would be difficult if it is separate from the federal system that they now have.  Ms. Turner advised she is going with a group of leaders from the Orlando area to Tallahassee on February 10 to talk to the Legislators.

     Chairman Horan requested that Ms. Turner put together some bullet points and the appropriate Legislators to talk to for any of the Commissioners that will be in Tallahassee for the FAC Legislative Conference.  Ms. Lung added that the County’s lobbyist is also aware of this issue.

     Ms. Lung stated in regard to fiscal sustainability, the Board is aware that a letter was sent in support of Governor Scott seeking a billion dollars in tax cuts.  She advised the House intends to offer the billion in tax cuts including a reduction of the taxes on commercial leasing, and they are asking to make permanent the two-year trial in connection with equipment manufacturing, in addition to doing, once again, the back-to-school sales tax holiday.  She added that so far the Senate is only offering $250 million.

     Ms. Lung mentioned they are monitoring several bills for ad valorem tax reductions; some of them are for disabled veterans and seniors.

     In regard to water resources, Ms. Lung stated that she sent an email to the Board a couple of weeks ago to reiterate they did submit two funding initiative requests for water.  One was for the Wekiva Basin Bear Lake Chain of Lakes for $1 million for surface water improvements, and the second was for Lake Jesup shoreline restoration for $850,000 for phragmites removal and harvesting in which they would then plant more beneficial native plants.  Upon inquiry by Chairman Horan, Ms. Lung informed him that they were asked for one project but they did two.  Ms. Guillet explained they selected the projects that they thought would most likely get funded.

     Ms. Lung reported that the House passed HB 7005 and the Senate passed SB 552 which require the Department of Environmental Protection to publish updates and maintain a database for conservation lands, authorizing certain water management districts to designate and implement pilot projects prohibiting water management districts from modifying permanent allocation amounts of water and creating the Florida Springs and Aquifer Protection Act.  SB 552 was signed by Governor Scott into law on January 21 and it will become effective July 1.

     Ms. Guillet asked Ms. Lung for more information with regard to the tax on commercial leases because it is one that has been a concern.  Ms. Lung stated it looks like it is going through.  Ms. Guillet stated she would like to know how they might be affected to which Ms. Lung responded she will have to go back and look and she does have that amount.  Chairman Horan added that as he understands it, what they were trying to do with commercial leases was the same thing they were trying to do on the communication services tax which is make it revenue neutral to the local governments but reduce the state revenue.  Ms. Lung advised there is a hearing on it today and she will outline the bill. 

     Commissioner Dallari stated he would like to see an update on Representative Bob Cortes’ bill relating to LYNX.  Ms. Lung said that it did change a little and she will provide an update.

DISTRICT COMMISSIONERS’ REPORTS

District 5

     Commissioner Carey reported that she has drafted a letter for the Chairman’s signature to go to Governor Scott in support of the purchase of turnpike parcels; SR 417 is the largest piece and the other pieces include two pieces of SR 429 and one small section of SR 528, all under the jurisdiction of the Turnpike Authority.  She advised the Central Florida Expressway Authority would like to acquire those parcels.  She added they also would like the Governor to immediately stop the project that is moving forward on SR 417 for the express lanes. 

     Commissioner Carey further advised that at the recommendation of the Governor’s staff on transportation, she had a discussion with Ben Watkins, who is the head of bond finance for the State, and he has agreed to work with Laura Kelley, Director of the Expressway Authority, and their team to develop an independent, impartial process for valuating toll facilities.  Once they can get to the final recommendation, which is supposed to happen at the end of the month, the Expressway Authority will obviously be able to evaluate their assets and the assets at the Turnpike Authority to see if they can make a possible transaction happen.

     Commissioner Dallari stated they have all been very involved with the widening of SR 417 and the issues of addressing tolls within tolls which is beyond ludicrous.  He added the MetroPlan board approved the TIP back in June of 2015 with the caveat they would be negotiating with the Expressway Authority to try to switch those properties that Commissioner Carey talked about.  He advised there was very limited discussion on it from the State and because of that, back in October, MetroPlan agreed to put it back on the agenda to rescind the TIP approval, which they can do.  Because there was going to be some more dialogue between the two entities, they agreed to push that back to February.

     Commissioner Carey stated that FDOT Secretary Boxold is not interested in a swap but wanted to pursue a purchase.  When she spoke with Governor Scott, he said his concern is the people of the State; and if they can make a case that is a good financial decision for the State to make the sale, then he would support that, and if not, he wouldn’t.  The discussions haven’t moved forward because there is a difference of opinion on how they want to do it, so they are trying to keep the conversation going until they can determine what the values of these assets really are.  She added there are a lot of projects the Turnpike Authority has the ability to do across the state if they would sell these assets and allow the four-county jurisdiction to control its own destiny, which is the whole reason the Expressway Authority board was expanded.  She said she thinks they could move some of these projects forward and these are referenced in the letter, including the I-75 from Tampa to Jacksonville connection.  It would also put the toll collection and expansion policies under one jurisdiction. 

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize the Chairman to execute a letter for transmittal to Governor Rick Scott in support of the Central Florida Expressway Authority (CFX) purchasing four sections of toll roads currently owned by the Florida Turnpike Enterprise (FTE); and in opposition to the construction of express toll lanes on SR 417, which is being pursued by the FTE.

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

District 1

     Commissioner Dallari advised that over the past several months, there has been a water quality issue in a neighborhood south of Oviedo called Stillwater.  He stated all levels of county staff have been very proactive and have been out there on a regular basis, and they also held community meetings.  He thanked Carol Hunter, Director of Environmental Services, and her staff stating they did a phenomenal job in the way they addressed it.

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     Commissioner Dallari noted he will not be attending the February 9 BCC meeting since he will be in Washington, D.C. representing MetroPlan at the National Association of Regional Council meetings. 

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     Commissioner Dallari asked the Board to discuss at a future meeting the Central Florida Sports Commission and what changes are afoot.  Also he’d like to talk about the programming for the Sports Complex so he would like to have a work session when that is possible.

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     Commissioner Dallari said he knows there have been some meetings with staff regarding the SR 426 shoulder widening from Lockwood to Geneva, and he heard there have been some issues where they could not achieve the three-foot shoulder.  He noted that from a safety standpoint, there needs to be a minimum shoulder along the whole road unless it is impossible to do, but he has not yet heard of any reason why they cannot do that.  Chairman Horan advised the representatives of the Citizens Association of Geneva and county staff met last week out there.  There are practical impediments to getting a four-foot shoulder, which is the standard.  They are working with the contractor right now to achieve the minimum of a three-foot shoulder.  He stated he will share with the Board some email exchanges he had with the citizens and also with staff.  It has been resolved and they are working with the contractor to provide as much shoulder as possible.

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     Commissioner Dallari stated there was a Voluntary Billboard Agreement on the January 12 BCC Agenda and they discussed at that time that there was a billboard taken down prior to addressing the request for approval of the new billboard agreement.  He opined there should be a credit system and he would like to have that more defined of when a credit can be determined and when the deadline would be.  He added if someone is taking out a demolition permit to remove a billboard, they should be told that if they are going to be using it for a credit, the staff needs to evaluate it to see if it actually meets the criteria.  Ms. Guillet confirmed that staff is developing a policy and it will be part of the Board’s consideration as the billboard agreements come forward.  Chairman Horan added it is important that there be adequate communication to the business community.  Ms. Guillet stated demolition permits should be obtained to take down a billboard so there will be a way to do and track that.

     Chairman Horan asked Ms. Guillet to report back at a future meeting as to how this has been clarified specifically and how it is being done so the Board can have input.

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     Chairman Horan expressed his interest in having a work session or a public hearing to bring the Board up to date not only on the relationship with the Sports Commission but other related and affiliated issues like Orlando City Soccer, etc.  Ms. Guillet advised they have a work session tentatively scheduled for February 23 to talk about the Sports Complex scheduling and to get some clarification from the Board.  She added they can roll in the discussion on the Sports Commission to that work session.  Ms. Guillet said she mentioned at the last BCC meeting they are attempting to get a meeting with the interim CEO.

District 3

     Commissioner Constantine reported that he, along with the Chairman, attended the MPO Alliance on January 15 with all the other MPOs in the area at their new headquarters downtown.  He added that Leadership Seminole is having a summit on Friday at AAA.  He complimented the organizers of the Scottish Highlands games. 

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Commissioner Constantine said he attended the I-4 rest area meeting along with Commissioner Dallari on January 19.  He advised progress is being made; FDOT is listening and they have identified five locations in Volusia County that could possibly be used as a potential truck stop for the eventual move of the I-4 rest area on the west side.  They are hopeful but still have a long way to go.

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Commissioner Constantine advised he attended the Transportation Disadvantaged meetings for the MPO in Tallahassee.

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     Commissioner Constantine announced he would like to appoint Michael Bowdoin to the Seminole County Port Authority for a four-year term replacing Matthew Brown, who is still on the Planning & Zoning Commission.

     Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt appropriate Resolution #2016-R-22 in appreciation of Matthew Brown for his service on the Seminole County Port Authority.

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

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     Commissioner Constantine stated he will be attending the Florida Association of Counties with the Chairman next week.

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     Commissioner Constantine said he wanted to confirm that the fracking issue will be on the next BCC meeting agenda.  County Attorney Bryant Applegate explained that the ordinance has been prepared but there has been an issue with advertising in the Sentinel because the proofs of publication now have to come from out of state, which is causing delays.  Commissioner Constantine expressed concern because the legislation is moving quickly and he would like to get a county fracking ordinance approved before that occurs.

     Commissioner Carey opined they do not have to advertise in the Orlando Sentinel; they could advertise in the Sanford Herald, which is a lot cheaper and they are right here locally.  Commissioner Dallari agreed. 

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     Commissioner Constantine questioned whether there had been any work done by staff on an energy audit.  Bruce McMenemy, Deputy County Manager, addressed the Board to advise they have had a couple of unsolicited vendors in regard to writing different types of audits.  They engaged a couple of them to give some suggestions, nothing too substantial at this point.  He said he thinks if they are going to move forward, staff will need to get in front of the Board with some options and perhaps hire a consultant directly who doesn’t have a vested interest in doing some of the work to give them an idea of what their options are.  He added he believes they need to make some decisions ultimately as to what buildings they may or may not occupy for a long period of time.  Ms. Guillet added that one of the items on the list for work sessions is to revisit their plans for Five Points and what their long-term plans are for this facility and others.  She added they have done an initial “what can we do easily” kind of look, but they need to talk more about where they are going long term. 

     Commissioner Constantine remarked this is one of the most expensive line items they have that they can control and that is the whole purpose.  He added this was not a question of going ahead and doing an audit with a consultant unless that is the ultimate recommendation.  He just wanted to look at where they are and what things they could do because there are many new alternatives.  He did not want to become complacent on what they are doing now, and he believes it would be a good time because they are starting to look at next year’s budget. 

     Mr. McMenemy pointed out there are options available but they are not cheap; retrofitting the infrastructure is expensive. 

     Commissioner Dallari stated the key to this is validating the savings to which Commissioners Carey and Constantine expressed agreement.  Mr. McMenemy advised they have already handled a lot of the “low-hanging fruit” like changing to fluorescent bulbs and lowering the thermostat, but they may be able to do more in some cases.  Commissioner Carey opined if they go with a consultant, they would need to put out an RFP to be fair to everyone, but the technology is changing very quickly.  She agreed that the return on investment is really important to analyze in this particular scenario because you can do a lot of things and never recoup the cost; she added the power companies will also work with them.  Also there are things staff can look at before they let unsolicited companies come in and tell them what to do for a fee.  Commissioner Constantine agreed that it would be a great first step.

     Ms. Guillet stated Tim Marcopulos in Facilities is always trying to find ways to improve efficiencies, but they can put a team together to take a more strident look at that if that is what the Board wishes.  Chairman Horan opined it is a great suggestion and a good time to do this.  He asked that Ms. Guillet bring something back to the Board.

District 4

     Commissioner Henley stated he has received emails regarding the issue on Suniland Avenue, which leads into Mike Towers’ project that he is developing.  Citizens have been upset and have said his project has caused flooding.  Commissioner Henley advised that he drove out there after two days of rain; Mr. Towers’ road was flooded and muddy but part of that was because the curbs are 8” above the level of the land, so they will be doing some filling.  There was one home on the corner that had a puddle, but he believes this small impact on the lawn was created because the swale had not been cleaned out in years.  Citizens were also upset because Mr. Towers is annexing into the City of Longwood, and they were stating he was putting in a sewage treatment plant, which turns out to not be correct.  When Commissioner Henley talked with Mr. Towers, he explained he is annexing in order to get sewage treatment from Longwood.  Mr. Towers has met with the people to let them know what he is doing.

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     Commissioner Henley received a call from David Ray who informed him that he is planning to move forward with the water lines to put in fire hydrants before he begins construction and expansion.  An engineer from FDOT paid him a visit late yesterday afternoon to inform him that if he puts them in, they will eventually take them out.  He told Mr. Ray that he has not heard anything about this but that he would check into it and then meet with him.  Commissioner Henley said he thought they had resolved that issue several years ago when FDOT was going to elevate the road five feet in front of Mr. Ray’s property, which would have put him down in a hole, in order to get water up to a retention pond that they were going to build at the top of the hill on Shepard Road.  Also, FDOT has decided that they will have to take more of Mr. Ray’s property for widening, which will take away part of his parking lot, and that is one of his concerns.  He added he appreciates the County Engineer looking into this to see what the real issue is. 

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     Commissioner Henley advised that the citizens are starting to call again about the conditions of the Rolling Hills golf course because it has not been mowed in quite some time. 

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     Commissioner Carey asked for an update or briefing about the status of both SR 434 and SR 417 parcels.  Ms. Guillet recommended updating the Commissioners one-on-one because there are a lot of moving parts to that.  She added she had conversations with the property owner yesterday and could update the Commissioners later today.  Chairman Horan added that the unwinding of the various restrictions on the Jetta Point property and matching them up with a solution for the Rolling Hills golf course is an interesting problem, and he commended staff for doing a great job on it.  He asked that the County Manager’s Office and the County Attorney’s Office ensure the Board is briefed with the status of this before the next meeting. 

District 2

     Chairman Horan stated he has already commented on the update with regard to SR 426 and the meeting that occurred.  He said he thinks they have a good solution there and he is glad the constituents spoke up concerning those issues because what started out as a concern about bike lanes really ended up in getting the staff to focus on further safety enhancements to the traffic safety of that road, which is the reason for that project to begin with. 

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     In regard to the innovative traffic signal technologies pilot project, Chairman Horan advised that Public Works will be providing a quarterly update for the Board moving forward. 

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     Chairman Horan advised that SGTV will be filming the Wekiva Paint Out event.

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     As far as the bear ordinance is concerned, Chairman Horan stated the FWC has provided a 2015 bear-call map and an Excel spreadsheet.  Commissioner Carey pointed out that she had asked for that because in the backup detail, there was no way to know what each one of those dots on the bear-call map represented, whether it was just a bear sighting or a nuisance or safety issue.  The Board does not need to know where the calls are coming from but where the problems are occurring.  She added that the list shows there were very few that were to the level that the FWC even responded.  She stated she would like to know when staff will be coming back to the Board with the tweaks that are being made to the bear ordinance because she believes that is the right step in the right direction. 

     Chairman Horan stated that he attended the Mayors & Managers meeting where the topic of conversation was the Urban Bear Management Ordinance.  They are working with the staff of the affected cities on the options to address their concerns.  He believes there will be a report on some of the tweaks that are being considered.  He said he emphasized the importance of the cities working with the County to create the awareness first and foremost of the public safety reality of this problem, which was aptly demonstrated by the Florida Wildlife Commission personnel who attended the meeting.  He added he was surprised that no representatives of the cities had ever spoken to an FWC person concerning this issue; this was their first exposure to FWC on that. 

     Ms. Guillet mentioned that they have talked with the cities and there was public comment at the last board meeting, so they are currently crafting some language.  They are dealing with the issues that were raised concerning the east side of I-4.  She anticipates they will be able to give an update and some specifics at the February 9 meeting.  If they can get everyone comfortable with the revised language, the plan is to bring back a revised ordinance on February 23.  She added they put notice on the website and through other avenues that they have suspended any enforcement on the east side until they work out the issues there.

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     Chairman Horan stated he attended the Tourism Development Council meeting together with Commissioner Henley.  The Tourism Development Council accepted the staff’s proposals concerning the new grant procedures and also accepted the challenge that was presented by Winter Springs Mayor Lacey to issue a report on the record success of this year’s Highlands Games to issue a challenge to cooperate with the TDC and staff to set a goal of attracting, within the next year, at least two more festivals of that type that could be hosted at Central Winds Park.  He opined it is a perfect venue to host something like that. 

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     Chairman Horan mentioned he also attended the Oviedo– Winter Springs Chamber of Commerce State of the Cities.  There was an excellent presentation by the Winter Springs and Oviedo mayors. 

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     Chairman Horan said he attended the CFHLA luncheon with the managers of hotels.  He spoke to Rich Maladecki, the new Chairman of the Sports Commission who is also the Executive Director of the CFHLA, and others about the changes in the Sports Commission and how they need to be reaching out to the Commissioners as to the effect of those changes.  He added that he stressed the importance of how the timing of this needs to not affect the continued marketing of the Sports Complex and the effective way they measure the progress under their contract.  He noted the Board should expect representatives of the Sports Commission to be reaching out to them in the near future to discuss any concerns about the recent changes in the Sports Commission or the relationship itself.

     Chairman Horan reported that he also discussed the concern they had about the Zoo’s change of plans and the effects it has on the return on investment since the TD Fund was used to buy the additional property and that staff is working on scenarios with regard to what can be done with that property at this time.  Commissioner Dallari questioned why staff would be involved with that and stated the Zoo told the Board they would put together a business plan but the Board has not seen it, and that was at least four or five months ago.  Chairman Horan explained that the way county staff is involved is that he told the Zoo if they want to proceed with an alternative plan for the property, they need to ensure staff understands what their plan is and exactly what they want to do and how that affects what they do with the land.

     Commissioner Carey opined that if the Zoo does move forward with some type of veterinarian training facility that it would probably offer more room nights in hotels than if it were just a park.  She mentioned that Commissioner Constantine is the representative on the Zoo board and questioned whether they are talking about this at the board meetings.  Commissioner Constantine said he continues to tell them before they move forward that they need to discuss this with the Board.  He was unable to attend the Zoo board’s last meeting, but he has a meeting scheduled with the Director.  He was not aware that staff was going forward with this.  Commissioner Carey confirmed with the Chairman that county staff is looking at information being provided by the Zoo.  Chairman Horan added they are also doing some preliminary work as to what the relative values of the properties are today.

     Commissioner Henley stated that if the concern is about room nights and return on investments, there are other things they may want to consider rather than trying to get into the education business because most education has a difficult time paying for itself, and there is no credit basis.  He questioned the return on investment as well as an increase in room nights because it has been a concern all these years with the TDC money going to the Zoo and them not being able to prove any room nights.  Commissioner Carey noted that the funding that goes to the Zoo was never really tied to room nights.  She opined there is probably an opportunity for that because people will come in to teach and to train in the veterinarian world and right now they all go to Gainesville.

     Chairman Horan explained the Zoo is tied to the County because they are on property that the County owns.  Commissioner Carey added they need to remember that the Central Florida Zoo brings a lot of joy and educational opportunities.

     Commissioner Constantine questioned whether the land was purchased with TD Funds or from the General Fund.  Mr. Applegate advised that the property was purchased with TD Funds in the amount of $1.45 million.

     Commissioner Constantine stated with the transition from one executive director to the other executive director and a new chairman also, they have been looking at new and different opportunities.  They were looking at revenues that were not meeting expectations and they needed to find a new purpose.  He opined the education focus they are making is a good one and a lot of zoos nationally are looking at that as a new direction.  He added he will relay to the Executive Director what he is hearing today and suggest they need to bring to the Board something they can analyze. 

Chairman Horan stated the obvious aspect is if the Zoo wants to put substantial capital assets on land that the County owns for a purpose that is different than the one that was originally proposed (the Safari), the Board needs to know what the effects of that will be.  He advised the concern of the CFHLA was that they know tourist tax dollars are allowed to be used for the Zoo, but there was supposed to be a heads-in-beds return on investment with the Safari aspect, and it looks like they are changing their plan, which has generated a wider discussion.

     Commissioner Carey reiterated the Zoo has had a change in leadership both at the board level and the staff level; the Zoo has reacted to help the County and the FWC by doing the bear exhibit and the educational piece of the bear parcel, and it was not on anyone’s radar but it was time sensitive because they needed to have a place to take a bear when the FWC trapped a bear so they worked with FWC to put that facility there.  She added that all of that costs money and she believes they are probably still trying to get their arms around what financially sustainable program they could do on the new property rather than the Safari, because she thinks the more they looked at that, they saw that it was not financially sustainable.  Other than the TD Funds that they get, it is a gate fee and support by contributions through the good graces of the community.  Also, they compete for those charitable dollars with all of the other charitable organizations that they have.  She added that in all fairness she thinks that yes, they need to get focused and provide the business plan, but they have had a lot of things going on that probably took them off the focus of that particular aspect of it.

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     Chairman Horan said he spoke at the South Seminole Community Association at Winwood last week regarding concerns about SunRail, transit-oriented development, and the effects on the neighborhood.  They discussed this at the Regional Planning Council meeting that he and Commissioner Constantine attended the very next day.  In preparation for that meeting, he reviewed the HUD reports and its recommendations.  He suggested that the Commissioners take a look at the affordable housing report and the recommendations that were made because there are some things they should probably be moving on at this time.  He asked that the County Manager also take a look at that to see if there are some things they should be doing as it relates not only to their economic development efforts but also as it relates to grants and affordable housing.

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     Chairman Horan stated as they move forward with continued development, both north and south of their rural areas, he thinks it is a good time to revisit their Rural Character Plan that they accepted back in 2006 and the various recommendations that were made in that plan.  If the Board agrees, he said he would like to ask staff to take a look at the Rural Character Plan and identify and report to the Board particular recommendations that might have been made and how they relate to the types of issues they are trying to resolve with Orange County and so forth.  After much discussion, Chairman Horan withdrew his suggestion to have staff do so at this time, and suggested the Commissioners look at the plan and bring forward any suggestions they may have as to how some of those practices can be implemented to assist in the issues they are presently addressing.

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     Motion by Commissioner Dallari, seconded by Commissioner Carey, to appoint David Axel and Tim Slattery to the Oviedo Community Redevelopment Authority.

     Commissioner Henley questioned if both nominees live or work within the CRA area and Commissioner Constantine questioned whether that would qualify them.  The County Attorney responded in the affirmative.

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

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter dated December 21, 2015, from Cindy E. Dick of Florida Department of Health to Former Chairman Brenda Carey RE: Award the Emergency Medical Services (EMS) Grant, ID Code C4057, in the amount of $85,230. (Scanned and emailed to Bruce McMenemy and Alan Harris.)

 

2.    Letter received January 8, 2016, from The Highlands Homeowners’ Association to the Board of County Commissioners RE: incorrect or inaccurate statements circulating throughout the community.

 

3.    Note dated January 4, 2016, from Paul Eberle of New Smyrna to the Board of County Commissioners RE: thanking the Board for creating the new ordinance for the pick-up on trash days to reduce enticement of bears.

 

4.    Public Notice dated January 12, 2016, from Department of the Army, Jacksonville District Corps of Engineers, to the Board of County Commissioners RE: Permit Application SAJ-2014-02597 (SP-JLC); Project Name: Parkdale Place.  (Scanned and emailed to Carol Hunter, Director of Environmental Services.)

 

5.    Memo dated January 11, 2016, from Scott Boyd, Board Chairman, MetroPlan Orlando, to Board Members RE: Request for Input – Unified Planning Work Program.

 

6.    Copy of a letter dated January 12, 2016, from Cynthia Porter, Sanford City Clerk, to Brian Volk RE: reappointment to Sanford Community Redevelopment Agency by the Seminole County Board of County Commissioners, for a term to expire on September 30, 2019.

 

7.    Letter dated January 13, 2016, from Traci R. Houchin, Sanford Deputy City Clerk, to Board of County Commissioners RE: Notice for Ordinance No. 4367.

 

8.    Letter dated January 13, 2016, from Traci R. Houchin, Sanford Deputy City Clerk, to Board of County Commissioners RE: Notice for Ordinance No. 4366.

 

9.    Letter dated January 13, 2016, from Traci R. Houchin, Sanford Deputy City Clerk, to Board of County Commissioners RE: Notice for Ordinance No. 4365.

 

10.    Notice of Public Hearing received on January 14, 2016, from the City of Lake Mary to the Board of County Commissioners RE: Planning and Zoning Board Meeting to be held on January 26, 2016, at 6:00pm, to consider a site plan for the construction of a five-level parking garage to be located at 1001 Heathrow Park Lane.

 

11.    Copy of a letter dated January 15, 2016, from Chairman John Horan to Michael Sasso RE: reappointment to the Law Library – Fred R. Wilson Memorial Board of Trustees for a 3-year term ending January 1, 2019.

 

12.    Copy of a letter dated January 15, 2016, from Chairman John Horan to Heather Smith RE: reappointment to the Seminole County Animal Control Board for a 1-year term ending January 1, 2017.

 

13.    Copy of a letter dated January 15, 2016, from Chairman John Horan to Dr. Stephen Wiseman RE: reappointment to the Seminole County Animal Control Board for a 1-year term ending January 1, 2017.

 

14.    Copy of a letter dated January 15, 2016, from Chairman John Horan to Susie Dolan RE: reappointment to the Seminole County Value Adjustment Board for a 1-year term ending January 1, 2017.

 

15.    Letter dated January 18, 2016, from Michelle Longo, City Clerk, City of Longwood, to Seminole County Board of County Commissioners, RE: Notice of Voluntary Annexation – Peninsula Island Point.

 

COUNTY MANAGER’S REPORT

     Nicole Guillet, County Manager, stated last week, she distributed the qualifications for the person she has offered the Chief Information Officer position to and she is seeking confirmation of that selection.

     Motion by Commissioner Carey, seconded by Commissioner Constantine, to confirm the County Manager’s selection of Jon Sellers as the new Chief Information Officer.

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

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     Ms. Guillet reviewed the list of tentatively scheduled work sessions.  Commissioner Carey stated that if the agenda is light, it would be fine to have two work sessions in one day.  Commissioner Henley added they could also hold a work session on a day other than a Tuesday.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:20 a.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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