BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JUNE 27, 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, June 27,
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
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
County
Manager Nicole Guillet
County
Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Absent:
Commissioner
Robert Dallari (District 1)
David Starkweather, Central Florida
Freethought Community, Oviedo, gave the Invocation. Commissioner Constantine led the Pledge of
Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for FARO Technologies was presented.
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Chairman Horan recessed the meeting of the
Board of County Commissioners at 9:42 a.m., and convened as the U.S. Highway
17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #1 – A-3679-17
Tricia Setzer, Chief Administrator, Office
of Economic Development and Community Relations, addressed the Board to present
a request to approve additional funding totaling $49,610 requested by Seminole
County to complete the design and construction of a right-turn lane at the
intersection of Spartan Road and U.S. 17-92 at a total project cost not to
exceed $424,610 and to adopt a Resolution implementing the associated Budget
Amendment Request.
Ms. Setzer stated the lane will be utilized
as a right/thru lane to alleviate the congestion that accumulates east of the
intersection. She explained that the
Spartan Road turn lane project is a jointly funded project by the County’s
Public Works Department and the U.S. 17-92 CRA, who approved funding not to
exceed $375,000 in 2014. Due to delays
related to the ongoing widening of U.S. 17-92 by the FDOT, the Spartan turn
lane project was postponed and the funding for the project was reallocated. At the May 18, 2017 meeting, the RPA approved
the additional funding requested for this project and staff is recommending
approval.
With regard to public participation, no one
in the audience spoke in support or in opposition regarding this item and
public input was closed.
Motion
by Commissioner Henley, seconded by Commissioner Constantine, to approve
additional funding totaling $49,610 requested by Seminole County to complete the
design and construction of a right-turn lane at the intersection of Spartan
Road and U.S. 17-92 at a total project cost not to exceed $424,610.
Under discussion, Commissioner Carey wondered
whether the BAR is included in the motion.
Ms. Guillet pointed out that the BAR is on the agenda as a separate
item. Chairman Horan stated the BAR is a
separate item on the Consent Agenda and he doesn’t think they can do it now
because they are only acting as the CRA Board.
Districts 2,
3, 4 and 5 voted AYE.
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Chairman
Horan adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment
Agency at 9:46 a.m., and reconvened as the Board of County Commissioners.
COUNTY
MANAGER’S CONSENT AGENDA
Nicole Guillet, County Manager, announced that there is an
add-on item, Item #5A, which is a plat for the Oviedo Point subdivision. She noted that Item #10, Final Design of the
Lake Monroe Trail Loop, will be
continued until the July meeting.
Doreen Freeman, 705 Mellonville Avenue, addressed the Board to
ask what procedure was used to put Item #10 on the Consent Agenda instead of
having it as an individual item and who makes that determination. Ms. Guillet explained that authorizations to
move forward with projects are typically handled as Consent Agenda items. Regarding this particular item, there was a
public presentation several meetings ago.
She reiterated that any of the County’s capital projects are typically
approved through the Consent Agenda. Discussion
ensued with regard to removing an item from the Consent Agenda as a separate
item.
Commissioner Henley requested Item #8, approval of an Agreement
for Naming Rights Sponsorship, be pulled
for a separate discussion.
With
regard to public participation, no one else in the audience spoke in support or
in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Carey,
seconded by Commissioner Constantine, to authorize and approve the following:
Community Services
Community Assistance
Division
2. Approve
and authorize the Chairman to execute an Agreement with Goodwill Industries of
Central Florida in the amount of $47,044 to provide on-the-job training and employment
placement services for clients enrolled in the CSBG Family Self-Sufficiency
On-the-Job Training (FSSP-OJT) Program. (A-3691-17)
Community Development Division
3. Approve
and accept the Neighborhood Stabilization Program Snapshot/Report pursuant to
Seminole County Resolution #2013-R-61. (A-3763-17)
Development
Services
Planning
& Development Division
4. Approve and authorize the Chairman to
execute the Interlocal Agreement among Orange County, City of Orlando, Seminole
County, Osceola County, the Cities of Winter Park, Oviedo, Belle Isle,
Kissimmee, and the Greater Orlando Aviation Authority regarding Airport
Zoning. (A-3771-17)
5. Authorize release of Road, Streets, and
Drainage Performance Bond #1053852 in the amount of $1,075,471.83, and Water
and Sewer Systems Performance Bond #1053851 in the amount of $317,020.22,
issued by The Hanover Insurance Company for the Lukas Landing Subdivision; M/I
Homes of Orlando, LLC, Applicant. (A-3657-17)
5A. Approve the replat for the Oviedo Point
subdivision containing five (5) lots on 17.62 acres zoned M-1 (Industrial),
located on the south side of Mitchell Hammock Road, approximately 350 feet east
of SR 426; Ryan Stahl, Applicant. (A-3799-17)
Environmental
Services
Business
Office
6. Approve the appointment of William
(Johnny) Edwards, Utility Engineering Manager (Representative), and continue
the appointment of Debra Smith, Senior Financial Division Manager (Alternative
Member), to the South Seminole North Orange County Wastewater Transmission
Authority Board (SSNOCWTA); and authorize the County Manager to transmit a
letter to Mr. Ed Gil de Rubio, Executive Director of the South Seminole North
Orange County Wastewater Transmission Authority, advising him of the
appointments. (A-3760-17)
Fire Department
Business Office
7. Approve
and authorize the Chairman to execute Certificates of Public Convenience and
Necessity (COPCN) for all first response agencies in the Seminole County EMS
System (Lake Mary Fire Department, Longwood Fire Department, Oviedo Fire
Department, Sanford Fire Department, Seminole County Fire Department, Florida
Hospital d/b/a Florida Hospital EMS, Florida Hospital d/b/a Florida Flight 1,
and Orlando Health d/b/a Orlando Health Air Care Team) and Certificates of
Public Convenience and Necessity (COPCN) renewals and Non-Exclusive Ambulance
Franchise Agreements for Falck Southeast II, Corp. d/b/a American Ambulance,
Rocky Mountain Holdings, LLC d/b/a Air Care, Lifefleet Southeast, Inc. d/b/a
American Medical Response, to become effective on July 1, 2017 and continue
through June 30, 2020. (A-3574-17)
Leisure Services
Parks & recreation Division
8. Pulled
by Commissioner Henley for a separate discussion.
Public
Works
Engineering
Division
9. Authorize the release of the Public Road
Maintenance Agreement Bond #022048408 in the amount of $3,952 for the 7-Eleven
located at 4955 County Road 46A Right-of-Way project. (A-3693-17)
10. Continued
until July 25, 2017 the request to approve and authorize Alternative A,
which means the Final Design of the Lake Monroe Trail Loop from Sanford's
Riverwalk will be constructed along the east side of Mellonville Avenue to the
north side of Celery Avenue and continuing along this north side of Celery
Avenue to State Road 415. (A-3634-17)
11. Approve and authorize the Chairman to execute
a Utility Relocation Agreement (CR 46A at Hartwell Avenue Intersection
Improvements) in the amount of $80,000 between Seminole County and Bellsouth
Telecommunications, LLC (d/b/a AT&T) for the CR 46A Safety Improvement
Project (W. 25th Street) west of Club Road to east of Marshall Avenue. (A-3573-17)
Resource
Management
Business
Office
12. Approve
and authorize the Chairman to execute appropriate Resolution #2017-R-102
implementing Budget Amendment Request (BAR) #17-066 through the Disaster
Preparedness Fund in the amount of $115,806 to establish funding for the
Emergency Management Preparedness and Assistance (EMPA); and authorize the Chairman
to accept and execute a Grant Agreement from the State of Florida Emergency
Management that will be forthcoming. (A-3745-17)
13. Approve and authorize the Chairman to execute
appropriate Resolution #2017-R-103 implementing Budget Amendment Request (BAR)
#17-067 through the Disaster Preparedness Fund in the amount of $113,600 to
establish funding for the Emergency Management Performance Grant (EMPG); and
authorize the Chairman to accept and execute a Grant Agreement with the Florida
Division of Emergency Management that will be forthcoming. (A-3747-17)
Budget
and Fiscal Management Division
14. Approve
and authorize the Chairman to execute appropriate Resolution #2017-R-104
implementing Budget Amendment Request (BAR) #17-061 through the Transportation
Trust Fund in the amount of $9,687 to return available funds to reserves for
projects that are complete and to add budget to the IFAS Midway Regional
Stormwater Facility Project in order to zero out the project which is complete. (A-3682-17)
15. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-105
implementing Budget Amendment Request (BAR) #17-062 providing an additional
$49,610 from the 17-92 CRA Trust Fund, Reserve for Catalyst Projects, as
approved by the CRA Board, for the Spartan Road Turn Lane Project and
establishing the project construction budget totaling $424,610 in the 11541 -
2001 Infrastructure Sales Tax Fund with reimbursement funding from the 13300 -
17-92 CRA Trust Fund. (A-3782-17)
16. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-106 implementing
Budget Amendment Request (BAR) #17-065 through the 2001 Infrastructure Sales
Tax Fund in the amount of $431,722 from reserves to provide additional funds
for the Rinehart Road Pavement Project (CIP# 00227075) and Rinehart Road
Sidewalk Project (CIP# 00192965). (A-3742-17)
17. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-107
implementing Budget Amendment Request (BAR) #17-068, through the General Fund,
to appropriate $30,000 from reserves to fund an agreement with Philip Mangano
to provide for continuing implementation of the County's Homelessness
Strategies; and authorize the Chairman to execute the associated agreement
documents; Agreement for Services with Philip Mangano. (A-3761-17)
Purchasing
& Contracts Division
18. Approve Amendment
#2 to Work Order #22, CEI Services for SR 434 (West of Florida Central Parkway
to Milwee Street) under PS-8148-12/JVP, MSA for Construction Engineering and
Inspection Services for Projects less than $2,000,000 with Atkins North America
Inc., of Orlando, in the amount of $47,546.40; and authorize the Purchasing
& Contracts Division to execute the Work Order Amendment. (A-3708-17)
Districts 2, 3, 4 and 5 voted AYE.
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Consent Agenda Item #8 – A-3778-17
Consent
Agenda Item #8 is a request to approve an Agreement for a Naming Rights
Sponsorship between Boombah, Inc. and Major Display, Inc. on behalf of Seminole
County for the naming rights for the Seminole County Sports Complex and
Soldiers Creek Park for a term of 10 years for a cumulative value of $1,000,000
plus merchandizing and apparel revenue sharing opportunities.
Commissioner
Henley stated this item has to do with the sponsorship of the Sports Complex as
well as Soldiers Creek. He discussed
several of his concerns regarding the agreement. He does not think they are receiving enough
cash and does not, quite frankly, like the name. More importantly, there are some areas within
this agreement that he thinks need to be at least strengthened. For example, the $1 million or the $750,000
that is mentioned in the agreement gives them the naming rights; he does not
have a problem with that except regarding the amount of revenues they are receiving,
which he does not believe is sufficient because of the amount of benefits that
Boombah will receive with this agreement with all of the marketing and the
things that they can do. More
importantly, it gives them up to 20 tournaments that they can sponsor on their
own right. Commissioner Henley pointed
out that anybody who knows much about tournaments realizes that 20 tournaments
of any size could bring in a considerable amount of money, which could reduce
in his opinion that $1 million or $750,000 by the granting of those rights to
them.
Commissioner
Henley stated the second thing that causes him concern is the fact that the
agreement mentions starting off with 4 to 5 and then guarantees 20 with 10 at
each of the facilities. Then it goes on
to say that they could continue with as many as financially and
organizationally manageable, which could lead eventually over that ten‑year
period to them having the rights to almost the whole calendar. He does not think that was the intent and
believes that needs to be clarified because he would not want to freeze out
everyone else who has been using that facility for the benefit of this
particular company based on the amount of money they are willing to give the
County.
Commissioner
Henley pointed out that traditionally, it has been this Board's policy that the
County receives a percentage of the gate of the tournaments that are currently
held there. There is no mention in this
agreement of the County receiving that benefit.
He thinks that needs to be made clear, that they are going to pay a
percentage of the gate receipts for each of those tournaments, especially if
they are going to have everyone else do that.
Commissioner Henley added that there are some other areas in the
agreement that are rather vague that he thinks should be strengthened in order
to avoid conflict later on. He believes they
have not taken an opportunity to thoroughly vet this agreement.
Ms. Guillet
stated the value of this contract is a $1 million value. They use the word "value" because
there is $750,000 cash involved and then an additional credit for Major Display
towards the County to bring the entire value up to $1 million. She explained that this is associated with an
agreement that the County did with Major Display in 2015 where the County
entered into a partnership with them to promote both Soldiers Creek and the
Sports Complex to do advertising and other promotion out at the fields. As part of that agreement, Major Display
provided electric scoreboards to the facilities. As part of that arrangement, the County would
pay back the cost of those scoreboards through their share of the commission on
advertising at these facilities. The value
of those scoreboards and other signage at the facilities, once the change is
made to promote Boombah if the agreement is approved, is upwards of
$600,000.
Ms.
Guillet explained that basically the bottom line through this agreement is that
the County becomes “square” with Major Display with respect to the
scoreboards. Any additional advertising
that is generated at these facilities, the County would get a commission. The County would get 70% of the revenues and
Major Display would get 30% commission. Regarding
anything that happens after this agreement, they will operate under the terms
of the original agreement which is a 70/30 split. If the agreement is approved, the County will
get cash, Major Display will get cash, and the scoreboards are out of
play.
Ms.
Guillet stated that in the original agreement that the County entered into with
Major Display, there were some values associated with different promotional
activities such as naming rights, advertisements on certain scoreboards. It was contemplated in that agreement that
the naming rights would result in $1 million of advertising revenue. Major Display has come into an agreement with
Boombah to take $750,000; but they have credited the County with an additional
$250,000 so the County gets the full value that was contemplated in the
original agreement. The reason there is
a difference in the $1 million and $750,000 is because they were attempting to
get to that $1 million value that was included in the original contract. The County will be made whole and will be as
intended, squared up with Major Display with respect to electronic scoreboards
as a result of this agreement. Moving
forward, any additional advertising revenues will be split pursuant to the
original agreement.
With respect
to the tournaments, Ms. Guillet stated that from a staff standpoint, they think
the tournament provision is a benefit to the County. They think having a national company like
Boombah sponsor tournaments and bring them to Seminole County will be an economic
benefit to the County. She advised that
Mr. Abel will speak a little bit more about the details about how the County
will coordinate with Boombah with the tournaments because she understands that
the tournaments will be conducted under the same terms as any other
tournament.
Joe Abel,
Director of Leisure Services, addressed the Board to explain that the 20 events
are related to on‑site retail activation.
That means that Boombah and the staff will work with the third‑party
rights holders to allow them to be there during their events as well as
Boombah's own sponsored events to have a retail activation, which means they will
be able to set up tents with product and apparel. Chairman Horan asked whether or not it was
exclusive. Mr. Abel stated it is not
exclusive; and as a matter of fact, any events and rights holders that come in,
such as a Nike tournament or a tournament that has Nike as a sponsor, if the
tournament organizer is okay with Boombah being there in addition to Nike, that
is fine. If they say no, we have an
exclusive with Nike, then Boombah is not there.
Mr. Abel pointed out that they had over 50 events last year at the
facility and many of those had outside vendors come in that they partnered
with. Staff believes this is an
opportunity for them to be able to partner with Boombah and add an additional
amenity to their tournaments that allows for product availability at the location.
Mr. Abel
referred to the agreement and advised that under Item #2 it says that the
sponsor agrees to cooperate with the County in future endeavors. He explained that one of the things they want
to do with Boombah outside of the deal with Major Display is embark on a revenue
sharing opportunity with Boombah on the retail sales opportunities at the
location. They anticipate right now that
that value will probably be on average of somewhere between $25,000 and $30,000
a year, which would come back to the County off of the retail sales opportunities. Over the ten‑year period of this
agreement, he thinks there is probably another $250,000 to $300,000 of value
revenue, a direct stream of revenue, back to the County. That is addressed in Item ii.
With
regard to the tournament rights, Mr. Abel stated Boombah has tournaments that
they sponsor and they have tournaments that they partner with across the United
States. He believes there were about 40
tournaments that they did or were associated with across the United
States. He advised that he is looking at
the opportunity for Boombah to bring some of those tournaments here, whether
they are regional, national, or local tournaments. Those would operate under the exact same parameters,
the exact same deals as any other tournament that comes in. If they can bring in hotel rooms with these
tournaments, which is what the intention is, the County will be able to utilize
the tourism dollars to help offset the cost of the tournament facility. Anything that they do while they are there
would fall under the same guidelines as any other tournament that comes in.
Mr. Abel
stated he has talked with Boombah and they understand clearly that if they
request a date and the County has a better tournament or better event on that
date, they defer. They won't get that
event date. Anything that is already on
the books is on the books. He stated he
wants to work with them collaboratively moving forward just like they do with
any other event organization. It is a
win‑win for Seminole County with additional tournament opportunities with
an additional tournament organizer or a business that is working with
tournament organizers to bring additional tournaments to Seminole County.
Chairman
Horan stated he has done some research on Boombah, and he discerned that they
are a player in this particular niche of the youth tournament market. He asked Mr. Abel what it was that interested
Boombah in the County's facilities. Mr.
Abel responded the thing that interested Boombah is that the Seminole County
facilities are their niche market. They
are looking at amateur sports. They are
looking at youth amateur sports. Most of
their product sales, apparel sales, uniform sales, and equipment sales go to
that amateur sports market. This
partnership with Seminole County gives them the visibility to be directly
embedded in that market. He added that
Boombah is looking at doing this at other locations across the United
States. Mr. Abel remarked that when they
realized the County is bringing in between 120,000 to 150,000 people on an
annual basis, that made this a pretty good target market for them.
Commissioner
Henley stated he hasn't heard much that he didn't already know; but of what he
has heard, not all of it is in this legal written document. That is what he is concerned about, that
those things be made clear in the agreement.
He suggested that some of the rhetoric that they have heard this morning
that explains what the intent is ought to be put in writing in the legal
agreement in his opinion.
Commissioner
Carey stated that she believes Commissioner Henley has set the record with the
comments made by both the County Manager and also by staff. She noted that as she read this and had her briefing,
she sees the tournament rights as a benefit.
Commissioner Henley stated he is not questioning that. Commissioner Carey suggested that it may be
as simple as adding a line to the agreement that says "any tournaments
will be treated like any other tournament coming in to book at the County"
or some simple language to clarify that.
Then there is no doubt about how it will be handled in the future. She stated she would be happy to make a motion
to approve the agreement as written with the addition of one sentence that
would clarify the fact that Boombah would be treated as any other tournament
coming into the County as far as revenue sharing and those types of
things.
Motion by Commissioner Carey to approve
and authorize the Chairman to execute an Agreement (with the addition of one
sentence that would clarify the fact that Boombah would be treated as any other
tournament coming into the County as far as revenue sharing and those types of
things) for a Naming Rights Sponsorship between Boombah, Inc. and Major
Display, Inc. on behalf of Seminole County for the naming rights for the
Seminole County Sports Complex and Soldiers Creek Park for a term of 10 years
for a cumulative value of $1,000,000 plus merchandizing and apparel revenue
sharing opportunities.
Commissioner
Henley stated there is another item or two that he could bring up where the
agreement talks about "mutually agreed on in the future" and that the
County Manager mentioned 70%. He noted
that is not consistent throughout the document.
Commissioner Carey stated she believes that is the separate revenue
agreement that will be coming back to the Board. Mr. Abel stated he thinks it is important to
understand that there is an agreement with the County and Major Display and an
agreement with Major Display on the County's behalf and any third‑party
sponsorship, advertiser or for naming rights.
There are components of those two that he would recommend they keep
separate because they don't want to have policy driven in this agreement when
this agreement is not a policy‑driven agreement. This is an agreement that is a financial
obligation and a commitment for naming rights and sponsorships and advertising
and it does not, nor should it in his opinion, articulate the policies that
drive how the County manages tournaments and other activities at the Sports
Complex or Soldiers Creek.
Commissioner
Constantine seconded the motion for
discussion. Ms. Guillet clarified that
the 70/30 split is outlined in the County's agreement with Major Display.
Under
discussion, Commissioner Constantine stated that he saw a "shaking of
heads" on the agreement with the extra sentence that Commissioner Carey
put in. He noted that he also did some
research on Boombah and saw they were in the lacrosse and the volleyball field
in addition to softball. With regard to
the tournaments, he asked whether they are talking just about baseball and
softball. Since they have potential
lacrosse fields, are they talking about the potential of having those types of
activities. Mr. Abel replied that they
will be looking at any opportunity that provides itself that they could
accommodate.
Chairman
Horan pointed out that Commissioner Carey's motion talks about an additional
sentence. He verified that Boombah was
present and pointed out that these are small refinements on deal points. The Chairman wondered if they could approve
this agreement subject to an amendment that addresses these deal points. Commissioner Carey remarked that her motion
is to approve the agreement with a simple sentence that says that Boombah’s
negotiations for tournaments will be treated like any other person coming in
for a tournament. She advised she is not
going to sit here and wordsmith it and noted it is a simple one sentence and
that is her motion.
Chairman
Horan asked whether they would bring that back in an amendment. Commissioner Carey stated they don't need to
bring it back as an amendment. She
believes they have the gist of it. She
stated if the Chairman wants to take a five‑minute break and let them
write it down, she is happy to do that too.
Commissioner Constantine suggested they give staff the ability to
wordsmith it.
Districts
2, 3 and 5 voted AYE.
Commissioner
Henley voted NAY.
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Chairman
Horan advised that Commissioner Dallari, as he had announced at a previous
meeting, is on other business today and is not present.
Commissioner
Henley left the meeting at this time.
CONSTITUTIONAL OFFICER’S CONSENT
AGENDA
Clerk
& Comptroller’s Office
Motion by Commissioner
Carey, seconded by Commissioner Constantine, to approve the following:
19. Approve
Expenditure Approval Lists dated May 30 and June 5, 2017; Payroll Approval List
dated June 1, 2017; and the BCC Official Minutes dated May 23, 2017. (A-3766-17)
Districts 2, 3, and
5 voted AYE.
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The
Board noted, for information only, the following Clerk & Comptroller’s
“Received and Filed”:
1. City of Longwood Annexation Ordinance #17-2118
adopted June 5, 2017 regarding 450 Longwood Hills Road.
2. City of Longwood Annexation Ordinance #17-2114
adopted June 5, 2017 regarding 1015 South S.W. Highway 17-92, 904 Lake Irene
Road, and 898 Lake Irene Road.
3. Parks Contract for Services with Brenna
Stelpflug.
4. Tennis Development Instructor Agreements with
Ryan Mackler, Alexis P. Aranda, and Stephen William All.
5. Fifth Revised and Restated Development Order
#16-20500039 and Fourth Revised and Restated Final Master Plan Developer’s
Commitment Agreement #16-20500039 for Ligonier Ministries/Saint Andrews PD (a/k/a
Sproul Bible College).
6. Tourist Tax Funding Agreements (2) with
Prospect Wire, Inc. for the 10th Annual Southeast Championship and for
the 2nd Annual Analytic Showcase.
7. Tourist Tax Funding Agreement with Nations
Baseball of Greater Orlando, Inc. for 2017 CFL Championships.
8. Seminole County Sheriff’s Fiscal Year
2017/2018 Proposed Budget.
9. Change Order #2 to Work Order #7 to CC-0559-15
with C.E. James, Inc.
10. Closeout to CC-0573-15 with L7 Construction,
Inc.
11. CC-1290-17, Construction Services Agreement
with Glen Holt Aluminum, LLC.
12. CC-1331-17, Construction Services Agreement
with Glen Holt Aluminum, LLC.
13. CC-1369-17, Construction Services Agreement
with Dager Construction, Inc.
14. Change Order #2 to Work Order #10 to
CC-9072-13 with BSE Construction Group.
15. Change Orders #1, #2, and #3 to Work Order #27
to CC-9192-13 with Corinthian Builders, Inc.
16. Change Order #1 to Work Order #28 to
CC-9192-13 with Corinthian Builders, Inc.
17. First Amendment to IFB-601730-13 with Anixter,
Inc.
18. IFB-602819-17, Term Contracts (3) for Purchase
of Lamps and Ballasts with Graybar, Consolidated Electrical Distributors, and
Regency Lighting, Inc.
19. Work Order #25 to PS-0009-15 with Pegasus
Engineering, Inc.
20. Amendment #1 to Work Order #7 to PS-0219-05
with Singhofen & Associates, Inc.
21. Amendment #1 to Work Order #44 to PS-8047-12
with Ardaman & Associates, Inc.
22. Work Order #20 to PS-8146-12 with E Science,
Incorporated.
23. Work Order #17 to RFP-0336-15 with Site
Secure, LLC, a Miller Electric Company.
24. First Amendment to RFP-602766-17 with Chuck
Robinson Concrete and Bob Cat Service, Inc.
25. Bids as follows:
RFP-602846-17
from Cato Environmental Services, Inc.;
RFP-602809-17
from St. Andrew’s Parks and Playground Commission d/b/a eTrak-plus;
PerfectMind, Inc.; CivicPlus, Inc.; Vermont Systems, Inc.; and
IFB-602876-17
from Garth Radiograph Delivery, Corp.; Global Courier Services, Inc.; Absolute
Sparkle, Inc.
COUNTY
MANAGER AND STAFF BRIEFINGS
Ms.
Guillet stated she was asked to do a brief update concerning Rolling
Hills. She reported that the due
diligence period wraps up on July 8.
There were a number of items from the FCT (Florida Communities Trust)
approval which have to be accomplished in order to move forward with
transferring the commitments from Jetta Point to Rolling Hills. She advised they have accomplished the vast
majority of them and pointed out that several of the items are items such as a
title policy, et cetera, which are done at closing; and those will be done by
the closing date, which is now scheduled for August 22. Ms. Guillet reiterated that the due diligence
period is scheduled to end on July 8.
Ms.
Guillet reported that they did Phase II environmental and it indicated some
contamination on the site and they are working with the State right now to get
approval of the remediation plan. They
have environmental consultants working with the County. She added they have yet to get final word
back from the State to know exactly what their requirements will be with
respect to remediation and the use of the site.
She understands there is a meeting scheduled sometime this week to talk
about it. Until then, they won't really
know where they are with respect to attempting to extend the due diligence
period or renegotiate some of terms of the agreement. Ms. Guillet stated she just wanted to let the
Board know staff is working on this and explained they have been a little bit
of a victim of the State through the whole process and bound by their time frame
and the State getting back to the County.
Commissioner
Henley reentered the meeting at this time.
Ms.
Guillet stated the County is moving forward with the items that they have
control over. The remediation issue is
really the biggest issue that has to be resolved and they will keep the seller
in the loop as to what they see from a time standpoint. She stated she is cautiously optimistic that
everything will work out in a way where they will be able to accomplish what
they set out to accomplish initially with this project.
Commissioner
Carey stated she would not want to see the due diligence period end without the
County having some idea of what exactly the remediation is going to be. She noted that with the holiday coming up
next week, the 8th is going to be on Saturday.
She cautioned that they should not take their eye off of the ball
because there is a very short window with the holiday and the 8th being a
Saturday. If they don't have a firm
answer back, she does not believe the closing date necessarily has to be pushed
but rather they could push the due diligence date until they have a firm answer
from the State and know exactly what they are dealing with. Ms. Guillet agreed with Commissioner Carey
and noted that they will continue to stay in contact with the seller and
continue to keep the project on schedule.
Discussion ensued with regard to the August 22 closing date. Commissioner Carey stressed that the County
needs to know what the State's expectation is going to be on the remediation
before moving forward in case they can't afford to do it.
Chairman
Horan asked Ms. Guillet if she was poised to ask for an extension of the due
diligence period if one is needed. Ms.
Guillet replied that if they need to ask for one, they will. They had hoped they would not have to do
that. They certainly want to continue
moving forward with the project.
Commissioner
Constantine noted that they are going through the due diligence. The next thing will be getting the
remediation from the State. Then the
next thing will be how much it is going to cost. He stated he feels that it is important that
they lay on the table as they are negotiating that the owner of the property
currently is responsible for cleaning up whatever is on that property and not
the County. Ms. Guillet replied that she
understand the Commissioner's sentiment and his concerns are duly noted. Chairman Horan stated that at this particular
stage they are talking about what the cost of remediation is. Then at that particular point, they make a
decision concerning whether they go forward or not based upon whether the owner
is going to participate or not participate.
He added that if the County decides to walk on the transaction, the
owner obviously is stuck with a piece of property that has to be remediated. He presumes in a negotiation at arm's length
between knowledgeable negotiators, the owner understands that as well.
Commissioner
Constantine stated the fact of the matter is that it is something that the
taxpayers of Seminole County should not be responsible for. Commissioner Carey pointed out that typically
in contamination issues, it goes back to the person who contaminated it. Obviously, what happened in this particular
case is that the rules for certain contaminates were increased. Therefore, anything that has ever been
fertilized, whether it be a field where they use to grow celery or a farm or a
golf course or anything like that, can't meet the arsenic levels today because
of the change in the rule. She knows they
have looked at different ways to remediate different types of things and it
depends on what is being done with the property. The County is not building homes on it; they
are making it into park land. She stated
she will be looking forward to getting the remediation plan and what the cost
is. Once they know the answer, they can
have further discussion with the seller.
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Chairman
Horan asked whether the RFP for the investment advisor is out. Ms. Guillet indicated that it is out. The Chairman stated it is his understanding
that suggestions by the Clerk have been incorporated into the RFP except for
two or three. Ms. Guillet replied that
the majority of the suggestions were incorporated into the RFP. Chairman Horan confirmed with Ms. Guillet
that the signatory to that contract will be the County. With regards to termination, the Chairman
asked if the contract will have a common provision in it that the County can
terminate for convenience. Ms. Guillet
stated it is her expectation that it will.
She added that will ultimately be up to the Board's decision moving
forward. However the Board wants to
fashion the contract will be the Board's call.
COUNTY
ATTORNEY BRIEFING
Bryant
Applegate, County Attorney, reported that his office will be attending the
Florida Association of Counties (FAC) meeting in Palm Beach this week and that
Paul Gibbs will be manning the office.
Mr. Applegate added that this will be Mr. Gibbs last week because he has
been appointed as the School Board attorney for Marion County. He wished him well.
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Chairman
Horan noted that the County has recovered over $11,000 in attorney fees from
the State of Florida. Mr. Applegate
advised that with regard to the DJJ case, since Seminole County basically has
prevailed at every level, the Court ruled they are entitled to attorney
fees. The three counties (Marion, Polk
and Seminole) received checks in the amount of about $13,000 in attorney fees
and costs.
DISTRICT REPORTS
DISTRICT 3
Commissioner Constantine reported that he
attended the opening of the Lake Mary office of CNA. They are bringing 600 jobs here to Seminole
County. He stated he will also be
attending the FAC meeting in West Palm Beach.
Commissioner Constantine announced the 4th of July activities in his
district.
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Commissioner Constantine stated there is a
little piece of property that is in Seminole County in the Lake Seminary area
in Maitland that is almost surrounded by Orange County, at least on three sides. As they all know, Maitland has had a very
aggressive development position as of late.
In Maitland, they were going to put a number of high‑rises right
next to some Seminole County single‑family homes and those citizens were
concerned about the change in their quality of life and lifestyle. Commissioner Constantine reported that this
project went before the DRC of the City of Maitland after a number of delays,
and the good news is that they have decided to go back to the drawing board and
reevaluate the development in that area.
He knows the citizens of Seminole County that were caught in that
Catch-22 are very pleased about that development.
DISTRICT 4
Commissioner Henley referred to the people
who were up in arms about the Longwood issue and reported that since Longwood
has changed their position, things have quieted down. He added that he has been getting a lot of concerns
out of the Winwood area regarding some of Altamonte's plans. He has been attempting to help them understand
that there is nothing for them to panic about right now.
DISTRICT 5
Commissioner Carey thanked members of the
Seminole County Sheriff's Code Enforcement Office, North Regional Deputies, the
Community Patrol Officers and Assistants from Sanford Police Department,
WastePro, and the County's Road's Department and Solid Waste team. They volunteered on the 17th of June out in
the Midway Community for a SERV cleanup.
She also thanked her assistant who was there with some Lyman high school
students who volunteered.
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Commissioner Carey thanked Second Shiloh
Church for hosting a community resource event last week. She noted that Seminole County Public
Schools, Department of Children and Families, Seminole County Health
Department, WalMart, and the Sheriff's Office were present with items for the
community. Commissioner Carey expressed
appreciation to Valmarie Turner, Community Services, and her team for their
time spent in the community to try and help some of the citizens.
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With regard to the Airport Authority meeting,
Commissioner Carey discussed Allegiant's four new flights from the Orlando
Sanford International Airport beginning in August (Gulfport, Mississippi;
Milwaukee, Wisconsin; Newburgh, New York; and Norfolk, Virginia). She also discussed Allegiant's training
facility.
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Commissioner Carey announced that on June
28 at 11:00 a.m. at the Sanford Civic Center, they will have the Third Annual
Sanford/Seminole County Veterans Appreciation Luncheon. She thanked Ed Burford, who has been instrumental
in making sure this event continues to happen.
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Commissioner Carey announced various 4th
of July activities in Altamonte Springs, Geneva, Oviedo, Winter Springs, and
Sanford.
DISTRICT 2 AND CHAIRMAN’S REPORT
Chairman Horan announced 4th of July activities
for Winter Springs and Oviedo.
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Chairman Horan announced he will be
attending the FAC meeting this week in West Palm Beach. He stated he will be receiving an award from
the Florida Association of Counties, the 2017 Presidential Advocate Award for
advocacy during the legislative session.
He presumes that Commissioner Constantine will be getting some
recognition as well because they were both working at the staff
level/legislative level during the legislative session.
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Chairman Horan reported that he received a
phone call today regarding the $1 million appropriation that Seminole County got
for computer‑assisted dispatch. The
logistics of paying that particular appropriation to the County has been worked
through the County Manager. He added
that the County also got a $1 million appropriation for the DJJ facility.
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Chairman Horan advised that there is a
budget work session scheduled for August 3 and a budget work session that is
scheduled for August 17. A third work
session, if necessary, would be determined after that. The first public hearing will be September 13
and the second public hearing will be September 26. Chairman
Horan explained that they have been coordinating with the Constitutional
Officers’ budget processes as well and noted that they have a different budget
schedule. He advised that it is
important they do it this year because with regard to setting a millage rate
and with regard to the County's own General Fund, the Constitutional Officers’ services
now subsume greater than 60% of the General Fund budget. The County has been doing a very good job of
funding county services through alternative revenue sources for a number of
different years without using general revenue sources. As they look ahead and look at SunRail
funding and look at the possibility and probable likelihood that there is going
to be an additional exemption that will be voted on that will go into effect in
2019, he thinks it is important that all of the Constitutional Officers join
with the Board in making sure everyone is tightening the belt and that they
have a full understanding of what their services are.
Commissioner Carey stated that statutorily
she knows there is a requirement for those Constitutional Officers to submit
their tentative budgets to the Board so the budgets can be considered in the
County Manager's budgeting first. Commissioner
Carey asked Ms. Guillet if she has received all of the Constitutional Officers'
preliminary budgets, and Ms. Guillet replied that they have received proposed
budgets from all of the Constitutional Officers with the exception of the Tax Collector.
Commissioner Carey noted that, as
statutorily required, the County Manager has to have the budget to the Board by
July 15 per the Charter. Ms. Guillet
advised there used to be a requirement to have the budget to the Board by the
15th. That statutory requirement has
been removed; however, it is staff's intention to give the budget to the Board
in the first week of July so the Board has time to review it before the work
sessions. Because they have a number of
new Constitutional Officers, Commissioner Carey reminded them that they have an
opportunity to come and present their budget and answer questions for the Board
at those workshops. She hopes they will
take that time to help the Board understand where they are coming from with
their budgets because she is sure the budgets will be formatted differently
than in the past. Ms. Guillet stated
that staff will extend an invitation to the Constitutional Officers to present
at the August 3 work session.
Commissioner Carey confirmed with Ms. Guillet that the Constitutional
Officers have been notified that they can present on August 3. Chairman Horan advised that the Constitutional
Officers know they make a presentation at the first work session. That is why the Board wanted to get some
detail from them this year because it is going to take a lot of cooperation and
teamwork with the Constitutional Officers to face the headwinds in the
future. Commissioner Constantine stated
that he, as one commissioner, fully supports the request of the Chairman because
he believes it is the right thing to do for all of the citizens of Seminole
County.
Chairman Horan discussed the July 25th BCC
meeting and pointed out there will be two work sessions, one regarding the
transportation and stormwater master plan and one regarding facilities at Five
Points. Ms. Guillet informed the Board
that there may be a third work session regarding the Oxford Road project, which
is somewhat time sensitive. Chairman
Horan announced that the other important thing that needs to be done at the
July 25 meeting is approving the TRIM notice.
The TRIM notice has to go out 35 days from July 1, and consequently that
is the only meeting they have to approve the TRIM notice. They have to be ready with the millage at
that time since they can go down from the millages that are approved in the TRIM
notice but they cannot go up.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Notice of Schedule for Environmental
Review of the Wekiva Parkway Relocation Parkway Project dated June 7, 2017,
Florida Gas Transmission Company, LLC; Docket No. CP17-79-000.
2.
Annexation into the City of Sanford,
property at 3508 Palmway Drive.
ITEMS FOR FUTURE AGENDA
Juan Perez, 117 Andrews Road, addressed the Board to state he is a
cannabis patient. Mr. Perez apologized
in advance for coming down hard on the people who are on the other side of this
issue. They have had a lifetime of a
certain set of information available and he is going to help them move past that. With regard to the way the people in
Tallahassee talk about this issue, he believes it is being thought about wrong
and it is simple education. He stated he
will help the Board and work with them, the Sheriff's Office, and the local
police. He will educate them as to why
this is wrong and why it is being looked at wrong. It is beginning to be bastardized by the
pharmaceuticals.
Mr. Perez mentioned that PTSD and cervical spinal stenosis are his
issues. He discussed how the whole plant
can be used and pointed out there is one compound in the plant that anyone has
a problem with and that is THC. He advised
that there are 400 compounds so far and explained how every one of them is
healthy for the human body.
He then discussed how the plant fits into the endocannabinoid system,
which is the system that teaches our body's health immune system to
operate. Mr. Perez reiterated that the
whole plant is useful. He then explained
how he is the County's most valuable resource.
He noted he does not know what side the County is coming down on but
promised that he can help Seminole County, Sanford, and Lake Mary lead the
state. He can personally guide the Board
on the details and requested that the Board use him as a resource for
free. He added he doesn't want any money
and understands that the Board paid consultants. He will back up everything that he says with
science.
Chairman Horan advised that Seminole County hasn't retained any
consultant on this particular issue. He
stated the County wants to make sure, when responding to the legislation, that
they don't create the same kind of situation that has been created down in
South Florida with regards to the opioid sober house issue, which has turned
into quite a corrupt situation. The
Chairman pointed out that the State has not left a lot of room for the local
governments to regulate in this area and stated the Board certainly appreciates
good public citizens who come forward and provide good information concerning
the issue because they need all of the information that they can get.
Speaker Request Form was received and filed.
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Christine Watkins, 639 Lake Mobile Drive, addressed the Board to
distribute an information packet (copy received and filed) to the Board. Ms. Watkins advised that the packet contains
information which will substantiate much of her presentation.
Ms. Watkins pointed out that there are three parcels on George Street
in Altamonte Springs that are in unincorporated Seminole County. She stated in 2014 during her presidency of
the South Seminole Community Association for Progress, the community was
petitioned due to the potential impact that SunRail would have on the
community. She referred to Section #1,
Petitions, of the information packet.
Ms. Watkins commented that first and foremost, the community owes a
debt of gratitude to the Commissioners for approving the historical markers for
Winwood and discussed those markers. She
pointed out that when the first of the two markers, Historic Winwood, was
dedicated on June 2, 2017, the regret was that the community was not given
ample notice to attend for whatever reason.
Ms. Watkins stated she needs to rectify some information that was
presented. She advised that the newly
built apartment complex was not the only redevelopment in Winwood in the past
60 years and listed ones built in 1971, 1991, 1994, and 1998. She referred the Commissioners to Section
#2.
With regard to the documents in Section #3, Ms. Watkins referred to a
November 30, 2016 Orlando Sentinel article about Altamonte Springs' plans for
Amanda Street. She next referred to a
March 8, 2017 City of Altamonte letter regarding eminent domain for her property
on George Street. She stated she
responded in a timely fashion and requested that any and all information as set
forth by Florida Statutes be sent to her.
She was bewildered considering her property is in unincorporated
Seminole County and wondered whether there was a local agreement. She received an email from FDOT regarding
Leonard Street. Leonard Street is the
street near the SunRail station. When
she inquired about Amanda Street, she was told it was a County road. The County engineer said it was a City
road. Most of the properties that are
impacted by eminent domain in reference to Amanda Street are in unincorporated
Seminole County. Ms. Watkins stated they
are perplexed, not by the eminent domain but by the agency that is exercising
it.
With regard to the documents in Section #4, Ms. Watkins referred to an
excerpt from a December 3, 1951 Final Judgment from the case of Richard W.
Ervin, Attorney General of Florida, and on behalf of Condor Merritt versus Town
of Altamonte Springs which states that the City has been forever barred and
enjoined from asserting or attempting to assert any municipal authority over
Winwood.
Ms. Watkins stated she has pondered the legal document and parallels
it with the days when she was working on her thesis. The title of her thesis was "The
Changing Role of the Black Educator since 1954." In order to know how that role changed, she
researched the role prior to Brown versus The Board of Education, 1954. She remarked that one could ask why the Final
Judgment was filed in Titusville. In her
opinion and based on the research during that era, she believes if Condor
Merritt and the 80 residents could have registered in both places legally, they
would have and did. If they could register
it in only one place legally, they registered it in Titusville because they may
have had a deep-seated fear that if they had registered it elsewhere, it might
have mysteriously disappeared.
Furthermore, if the document was not legal, there would not be a cause
for her to stand before the Board because she would be a citizen of the City,
directly experiencing their 2030 Vision Plan with little or no qualms. She concluded by stating that as a result of
Condor Merritt and 80 other community members who had the wisdom and the
foresight to protect Historic Winwood's future, she is a citizen of Historic
Winwood in unincorporated Seminole County.
Commissioner Carey noted there is a lot of information in the packet
that she is not aware of because it is not in her district. She is sure the District Commissioner has
some insight into some of this or at least some knowledge of it. She would like staff to look at it. If the City of Altamonte Springs is trying to
do eminent domain in a jurisdiction that is not in the city limits on a county
road, she does not know how that happens.
There is a lot of information and she would like someone to do a deep
investigation and report back to the Board as to what is going on. Chairman Horan suggested staff find out what
the City of Altamonte Springs is doing and what their intentions are.
Ms. Guillet stated that staff has started talking to the City and they
are trying to unravel exactly what is going on.
She noted that Commissioner Henley raised this issue with her several
weeks ago and she has met with Ms. Watkins, who has been very helpful in
providing a history on what has been happening.
Ms. Guillet stated they are still trying to piece everything together so
they can help the Board understand and help the community understand what is
going on.
With regard to the historical markers, Commissioner Carey stated she
knows Ms. Cook does a great job on the Historical Commission about trying to
put together historical markers and where they should go and what they should
say. They should never put together a
historical marker in a community without reaching out to those people in the
community to confirm that the information on the marker is correct. On the Historical Commission, that should be a
normal course of business. Commissioner
Constantine pointed out that the Winwood marker was vetted at the Historical
Commission and Ms. Watkins and others were there and had a large part in
writing it. He does not believe she had
any problems with what was in the marker.
Chairman Horan stated as a former member of the Historical Commission,
he knows that those historical markers go through a vetting process. Ms. Watkins stated it was not the verbiage on
the marker but rather that no one for the most part knew when the dedication
was going to take place.
Speaker Request Form was received and filed.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 10:54 a.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
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