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.
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
Commissioner Robert Dallari (District 1)
David Starkweather, Central Florida Freethought Community, Oviedo, gave the Invocation. Commissioner Constantine led the Pledge of Allegiance.
The Business Spotlight video for FARO Technologies was presented.
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.
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 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)
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)
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)
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)
Parks & recreation Division
8. Pulled by Commissioner Henley for a separate discussion.
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)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:54 a.m., this same date.