BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

September 24, 2019

 

     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, September 24, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman Brenda Carey (District 5)

     Commissioner Robert Dallari (District 1)

     Commissioner Lee Constantine (District 3)

     Commissioner Amy Lockhart (District 4)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Clerk of Court & Comptroller Grant Maloy

Deputy Clerks Chariti Colón and Terri Porter

 

Absent:

Vice Chairman Jay Zembower (District 2)

 

 

 

     Pastor Jim Lynch, East Coast Believers Church, Oviedo, gave the Invocation.  Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2019-1631

Alan Harris, Office of Emergency Management Director, acknowledged Olivette Carter, Community Services Director, and the Community Services staff for their work with the volunteers and donations during Hurricane Dorian.

Mr. Harris presented plaques of appreciation to Elliott Cheung, medical student; Leonie Dupuis, medical student; Brandon Tapasak, medical student; Dr. Richard Peppler, UCF College of Medicine Vice Dean; Dr. Todd Husty, Seminole County Medical Director; Judy Head, Northland Church; John Murphy, Harvest Time International; Greg Gootee, Team Rubicon; and Cindy Campbell, Publix Tuskawilla, for providing support during Hurricane Dorian. 

Mr. Harris also recognized Kari Shaver, medical student; Dristin Hughes, medical student; Patrick LePochat, medical student; Papa John’s Sanford; and Starbucks International Parkway, who were not present, for providing support during Hurricane Dorian.

 BUSINESS SPOTLIGHT

The Business Spotlight video for Viewstub was presented.

CONSENT AGENDA

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

Commissioner Lockhart requested Item #13, First Amendment to East Altamonte Community Center Non-Residential Lease, be pulled for a separate discussion.  Chairman Carey requested Item #21, IFB-603527-19, Term Contract for the Sweeping of Streets and Roadways, be pulled for a separate discussion.

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

County Manager’s Office

Business Office

 2.  Approve travel and mileage reimbursement to Commissioner Zembower for miscellaneous travel from July through September, 2019.  (2019-1637)

Office of Emergency Management

 3.  Approve and authorize the Chairman to execute the Memorandum of Agreement with the State of Florida for the use of Alert Florida.  (2019-1638)

 

Community Services

Community Development

 4.  Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51, for the month of August 2019.  (2019-1636)

 

Development Services

Planning and Development

 5.  Approve the final plat for the Winterbrook subdivision containing seventeen (17) single-family residential lots on 4.51 acres zoned PD, Planned Development, located on the south side of Howell Branch Road, approximately 600 feet west of Dike Road; Pulte Home Company, LLC, Applicant.  (2019-1585)

 6.  Approve the final plat for the Rosecrest, f/k/a Cameron Heights Village A, single-family residential subdivision containing 143 lots on 45.32 acres zoned PD, Planned Development, located on the southeast corner of Sipes Avenue and Celery Avenue; Jenelle Schmidli, Applicant.  (2019-1595)

 7.  Authorize release of Maintenance Bond (Streets, Curbs, Storm Drains) #CMS0325082 in the amount of $56,378.83 for right-of-way utilization of Markham Road for the Markham Square subdivision; Park Square Homes, Applicant.  (2019-1623)

 8.  Authorize release of Maintenance Bond (Streets, Curbs, Storm Drains) #59BSBHN2859 in the amount of $6,113.12 for right-of-way utilization of Meadow Sage Court for the Tuskawilla Estates subdivision; Meritage Homes of Florida, Inc., Applicant.  (2019-1624)

 

Leisure Services

Library Services

 9.  Approve and authorize the Chairman to execute State Aid to Libraries Grant Agreement between the State of Florida, Department of State, and Seminole County Board of County Commissioners for and on behalf of Seminole County Public Library System in anticipated acceptance of monies in State Aid to Library funds for library-related operating expenses; execute Certification; and approve the attached annual plan of service.  (2019-1618)

 

Public Works

Engineering

10.  Approve and adopt appropriate Resolution #2019-R-156; and authorize the Chairman to accept a Warranty Deed donated by Kevin Timothy Bonn and Jennifer Jill Bonn, Co-Trustees of the Jill and Kevin Bonn Trust, to Seminole County related to the drainage improvements and continued maintenance of Virginia Avenue south of East Hillcrest Street.  (2019-1603)

11.  Approve and adopt appropriate Resolution #2019-R-157; and authorize the Chairman to accept a Warranty Deed and Drainage Easement donated by Cranes Roost Villas Homeowner's Association, Inc., to Seminole County related to the drainage improvements and continued maintenance of Virginia Avenue south of East Hillcrest Street.  (2019-1602)

Facilities

12.  Approve and authorize the Chairman to execute the Wilshire Plaza, Phase II Lease.  (2019-1610)

13.  Pulled for a separate discussion.

 

Resource Management

Budget Division

14.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-158 authorizing Seminole County Fire Department to participate in intergovernmental transfers with the State of Florida Agency for Health Care Administration and the supplemental payment program for Medicaid managed care patients; and authorize the County Manager or designee to execute all required agreements or documents to participate in the intergovernmental transfers and the supplemental payment program for Medicaid managed care patients.  (2019-1627)

15.  Approve and authorize the Chairman to execute Amendment #1 to Agreement #LP59020 with the Florida Department of Environmental Protection for the Wekiva Basin Bear Lake Chain of Lakes - Alton Drive project; and approve and authorize the Chairman to execute appropriate Resolution #2019-R-159 implementing Budget Amendment Request (BAR) #19-103 through the Public Works Grant Fund in the amount of $680,000 for construction of the project.  (2019-1592)

16.  Approve and authorize the Chairman to execute a Modification to Subgrant Agreement with FEMA through the Florida Division of Emergency Management for the Hazard Mitigation Grant Program (HMGP) in acceptance of additional grant funding of $28,599 for the purchase of portable generators for Emergency Shelters; and approve and authorize the Chairman to execute appropriate Resolution #2019-R-160 implementing Budget Amendment Request (BAR) #19-104 through the Federal Mitigation Grant Funds in the amount of $28,599; and $9,533 in matching funds from General Fund Reserves, to add the additional funds to the project.  (2019-1616)

17.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-161 implementing Budget Amendment Request (BAR) #19-105 through General Fund Reserves in the amount of $31,550 for Leisure Services, Watershed Management Division’s contribution and cost-share; and a transfer of $31,550 from the General Fund to the MSBU Program Operating Fund for Sylvan Lake Aquatic Weed Control, Phase I, Project 01918005.  (2019-1605)

18.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-162 implementing Budget Amendment Request (BAR) #19-109 through the General Fund Reserves in the amount of $120,000 to fund an approved contract with the Rescue Outreach Mission providing emergency shelter for homeless citizens in Seminole County.  (2019-1632)

Purchasing & Contracts Division

19.  Approve Amendment #2 to SS-602228-15/TLR, AT&T Intrado Viper System Upgrade Installation and Maintenance with AT&T ESInet; and authorize the Purchasing and Contracts Division to execute the documents.  (2019-1588)

20.  Award IFB-603564-19/TLR, Term Contract for Fire Alarm System Monitoring, Testing, Inspection & Maintenance, to Lock and Door Specialists, Inc. d/b/a American Surveillance and Access Control, Winter Park; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2019-1608)

21.  Pulled for a separate discussion.

 

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

 

Consent Agenda Item #13 – 2019-1633

First Amendment to East Altamonte

Community Center Non-Residential Lease

 

Commissioner Lockhart recalled the Board gave staff direction many months ago to try to bring the Lillie H. Green Community Center lease agreement more into alliance with the original RFP, and she expressed staff has worked hard to do that.  The Commissioner requested an update so the Board knows the current status and why it is still not necessarily agreed upon by the tenant, the Boys & Girls Clubs of Central Florida.

Meloney Lung, Assistant County Manager, addressed the Board and stated there have been several meetings with the Boys & Girls Club to discuss allowing access to seniors during the week and allowing the center to be open on the weekends, she has had other communications, and she also met with their advisory board twice.  Last week, staff learned the Boys & Girls Club is in favor of the lease agreement, but they are concerned with their utility costs.  Ms. Lung advised the building is leased to the Boys & Girls Club for a dollar a year.  The facility records indicate the County has done $27,000 in repairs over the last two years and has funded approximately $50,000 a year to do upgrades to the facility through the Community Services CSA program.  Ms. Lung stated Gary Cain and Mack Reid from the Boys & Girls Club were present to answer questions. 

Commissioner Lockhart advised there was a Winwood community meeting last Thursday, and this topic took the majority of the meeting because the community has not had access to the building for the last 20 years in the way in which they were originally told they would.  The Commissioner opined this is bigger than a landlord-tenant dispute at this point.  When the offer to come in on Mondays and Tuesdays from 10:00 to 2:00 was shared at the meeting, they laughed a little bit at that.  They felt like it was better than nothing but still was not what they believed the original intent of this agreement was. 

Commissioner Lockhart read from the original RFP that "Upon receipt of the award of this lease, Boys & Girls Club will actively pursue partnerships with other nonprofit organizations in Seminole County to expand the scope of programs available to residents at the community center.  A proposed schedule of activities and possible partners to provide them is as follows."  The Commissioner stated it then goes on to talk about what that programming would look like and says, "The Boys & Girls Club will actively seek to involve the community in the planning and operation of the community center.  An advisory board will be recruited and include representatives from the South Seminole Committee for Progress.  The community center is envisioned as a focus for neighborhood gatherings ranging from 4th of July celebrations to informal picnics to town meetings.  A schedule of events will be posted prominently in the center along with the procedures to use the building.  Community residents will be encouraged to view the center as theirs to use, care for, and take pride in."  The Commissioner stated that was the original intent and the reason for which the Boys & Girls Club received the building for a dollar a year, and her concern is they are very far from that at this point. 

Chairman Carey stated the agreement that is before them today does open up the center at limited times at no charge for residents age 55 and older.  The Boys & Girls Club has had the benefit of this building for a long time, and the County has contributed financially for repairs and other things.  She opined having someone else in limited areas of the building would not impact the utility bills very much.  The Chairman stated she would be in support of the proposal the way that it is written, which is what she thought was what they had come to terms with. 

Commissioner Dallari stated he would like to hear from the tenant to see if they agree with this.  If not, then he would like a recommendation from the District Commissioner.

Gary Cain, President and CEO of Boys & Girls Clubs of Central Florida, 101 East Colonial Drive, Orlando, addressed the Board and stated they are committed to getting this worked out and they believe they are in compliance with the existing agreement.  He added the original agreement was amended to reflect that they are primarily a youth serving organization, and they serve about 61 kids a day at the facility.  There is a $35 annual membership fee and a $20 weekly fee.  However, there are no fees for teenagers.  Mr. Cain stated at one time, funding from Seminole County helped support the programs they operate.  It was $150,000 a year and has gone down to $50,000.  It is their understanding that is for program services and not for the facility.  Mr. Cain went on to describe the purpose and core mission of the Boys & Girls Club. 

Mr. Cain stated they do not view this as a tenant relationship but rather as a partnership with Seminole County.  Mr. Cain described a similar facility in Osceola County where they worked with that county to develop an agreement where they provide a fuller scope of services, hired the custodial, rented the facility out on the weekends with the rental fees going to the county, and the Boys & Girls Club provided staffing for all of those things. 

Mr. Cain expressed they are concerned about increased cost of operation and potential risk exposure.  He advised they will need their board of directors to approve the agreement and a legal review.  Chairman Carey clarified with Mr. Cain they have not had an attorney review the lease amendment.  Mr. Cain advised their board meets the second Wednesday of October.  Their goal is to have it reviewed and put on their board agenda for approval. 

Commissioner Lockhart stated there are two specific things in the lease agreement that she would like to see changed.  The first is to have the lease agreement reflect the name of the actual community center, Lillie H. Green, not the East Altamonte Community Center; and the other is that the age limitation of 55 be removed so it is available to all adults.  The Commissioner expressed her concern of the Board approving the agreement before it has been agreed upon by the Boys & Girls Club. 

Chairman Carey agreed with removing the age restriction of 55 and older.  The Chairman stated this is a community center and needs to be treated as such.  In Section 16 of the lease, there is a termination provision for either party if they find they cannot come to an agreement.  She stated she would support the minor changes Commissioner Lockhart is requesting and it sounds like this should be continued to the second meeting in October. 

Commissioner Dallari stated the Boys & Girls Club does a phenomenal job in every city and community they have been in.  The Commissioner stated he would support Commissioner Lockhart's two requests.  He would also like to see additional verbiage in there about going back to the original intent of the agreement. 

Nicole Guillet, County Manager, inquired of Mr. Cain if there were any additional issues with the agreement aside from the indemnity concerns.  Mr. Cain responded the only other concern would be increased utility costs.  A discussion ensued regarding utilities and then Mr. Cain advised they would be happy to cover that. 

Commissioner Dallari inquired about the weekly fee per child, and a discussion ensued.  Mr. Cain advised they look at the fee by location and they will review it to see if that can be dropped. 

Commissioner Lockhart recalled Mr. Reid coming before the Board during the zoning hearing for the Flea World property and made specific mention of Mr. Levy's estate's contribution of $15 million to the Boys & Girls Club based on the sale of that property.  The Commissioner opined it was interesting they chose to come before the Board to try to tie that relationship and that contribution to the Board's action.  She inquired how much of that endowment will go to programming in Seminole County.  Mr. Cain responded they do not have control and custody of the Flea World property.  They have about $14 million that came in from the estate, and they created a foundation this year.  The foundation board approved $450,000 be put in annually to help support the cost of operation.  Their number one goal is to be solvent in every county they operate in.  Commissioner Lockhart stated it sounds like they are choosing not to start in Seminole County.  Mr. Cain advised they are now solvent without using foundation revenue and he would be happy to share their financials, which the Commissioner responded she would like him to do so. 

Commissioner Lockhart inquired how much of the foundation money this year will be going to services in Seminole County, and Mr. Cain responded he did not have a specific number because they have to put a budget together.  Commissioner Lockhart inquired if there will be any money from the foundation coming to Seminole County, and Mr. Cain responded Brevard, Orange, Osceola, and Seminole Counties will likely be where those funds would be used if needed in all those budgets.  Commissioner Lockhart inquired when the determination will be made about how those funds will be distributed, and Mr. Cain responded the funds will lower the deficit of the budget at the end of the year.  He stated he can provide county-by-county financials that are monthly financials to see where each of those counties stand inclusive of Seminole.  Commissioner Lockhart again inquired when the decision will be made about how those funds will be distributed.  Mr. Cain stated he is being asked to say they are going to allocate this much here and this much here.  Chairman Carey inquired when the decision is going to be made about their upcoming budget of how those funds will be allocated.  Mr. Cain advised the budget has been approved to include the $450,000 not aimed at a specific county.  Chairman Carey inquired if they allocated funding in their budget to each location.  Mr. Cain responded they work to find funding sources, and all contributions and donor dollars for a county will stay in that county.  The Chairman advised providing the financials may help answer some of the questions that are being asked.  She also requested specifics about Seminole County if there are any. 

Commissioner Constantine inquired if each location is separate and distinct or if the budget is commingled.  Mr. Cain responded financials are run for each separate club; and they have their own expense budget, utilities, et cetera.  The Commissioner mentioned some citizens looking for help to establish a club in Oviedo.  He inquired if anything has been designated for that particular location.  Mr. Cain responded all of the money that has been raised so far has been from private donors from Oviedo.  Oviedo has to start organically with Oviedo support and it has to be sustained there.  Commissioner Constantine inquired if any of the money from the trust will be used for that location.  Mr. Cain responded they have not yet received anything from that property, and the property is not in their control or custody.  Chairman Carey added the property has not sold yet and it has to sell in order to fund the trust.  Commissioner Constantine inquired if the property does sell, if some of those funds could be used for the Oviedo request, and Mr. Cain responded it could. 

Chairman Carey stated the main thing is to open this up to the community, which was the original intent of the building.  The changes that Commissioner Lockhart has requested can be made right away, and the revised document can be provided to Mr. Cain so he can have it reviewed by legal counsel, get it approved by their board, and then have it come back to this Board for approval.  The Chairman called for a motion to continue.

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to continue to October 22, 2019, the request to approve and authorize the Chairman to execute the First Amendment to East Altamonte Community Center Non-Residential Lease. 

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

 

Consent Agenda Item #21 – 2019-1614

IFB-603527-19, Term Contract for Sweeping

of Streets and Roadways throughout Seminole County

Chairman Carey stated this item was advertised as a hard bid.  They only had two bidders, but the low bidder is presenting a fixed rate for five years at $130,000 less than the high bidder.  The contract says they will go to the primary contractor first and the staff recommendation for the secondary one is just in case the first one does not perform.  It also says that the secondary contract may be used when there is reasonable probability, service interruption, or if it is determined by the roads and stormwater manager that activity in the secondary contractor is in the county's best interest, which makes her a little nervous. 

The Chairman stated the high bidder is the current contractor.  There have been situations in the past where everybody gets comfortable with the current contractor and wants to use them regardless of the cost.  She expressed she does not want that to be a probability.  This was a hard bid, a sealed bid, it was a fair price, and they do not typically award to two.  She would like to see approval for the low bidder and not have a secondary in place. 

Commissioner Dallari stated it says GPS was optional in the bid and he wants to make sure the GPS is going to be exercised.  Betsy Cohen, Interim Purchasing & Contracts Director, responded she confirmed with both firms that GPS application was included in their cost.

Commissioner Lockhart inquired what is the process to issue a contract with another company and how long it would take if for some reason the primary contractor does not perform.  Ms. Cohen responded staff would have to come back to the Board to revoke the award and approve another contractor.  She added that is the reason staff wanted a primary and secondary.  These contracts are also used in the case of an emergency or disaster if the primary contractor is busy doing other tasks per the County's request.

Chairman Carey stated the high bidder was the contractor in 2016 during Hurricane Matthew and they had to hire the low bidder, Pete's Street Sweeping, to come in and do the job, which did not go through an award process.  The Chairman inquired if there is currently a secondary contractor, and Ms. Cohen responded there is not.  The Chairman stated they were able to quickly hire Pete's Street Sweeping to come in during Hurricane Matthew in 2016.  Ms. Cohen advised they would have to exercise an emergency purchase order.  The Chairman confirmed with Ms. Cohen that an emergency purchase order can be done now if there was an emergency and they needed to hire a secondary contractor.

Commissioner Dallari inquired if there is a difference in pay under the FEMA regulations.  Ms. Cohen responded they will be eligible for reimbursement as long as the contractor agrees to the FEMA regulations, documentation, and processes.  Commissioner Dallari clarified the secondary company would still be covered under FEMA to be paid during emergency situations if there were two contracts or two companies.  Ms. Cohen responded they would if they meet all the parameters for reimbursement for the County.

Chairman Carey stated she would be looking for a motion to approve only the low bidder, Pete's Land Clearing, LLC.

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to award IFB-603527-19/PJC, Term Contract for the Sweeping of Streets and Roadways throughout Seminole County, to Pete's Land Clearing, LLC, Clearwater; and authorize the Purchasing and Contracts Division to execute the Agreement.

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

 

Clerk & Comptroller’s Consent Agenda Item #22

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve Expenditure Approval Lists dated August 26 and September 5, 2019.  (2019-1629)

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

 

Clerk & Comptroller’s “Received and Filed” Documents

1.  Executive Order #2019-002 Declaring a Local State of Emergency posed by Hurricane Dorian.

2.  Escheatment Tax Deed for Parcel #35-19-30-504-0000-0160 and #35-19-30-507-0000-0090.

3.  Florida Public Service Commission Order Approving 2019 Revisions to Underground Residential and Commercial Tariffs by Florida Power & Light Company, #PSC-2019-0360-TRF-EI, re:  Petition for approval of 2019 revisions to underground residential and commercial differential tariffs, by Florida Power & Light Company, Docket #20190081-EI, issued August 26, 2019.

4.  Florida Public Service Commission Order Establishing Regulatory Asset for Appellate and Remand Rate Case Expense and Final Order Complying with Mandate and Requiring Refund, #PSC-2019-0363-PAA-WS, re:  Application for increase in water and wastewater rates in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco, Pinellas, Polk, and Seminole Counties by Utilities, Inc. of Florida, Docket #20160101-WS, issued August 27, 2019.

5.  Developer’s Commitment Agreement #19-20500018, MLK Commerce Park PD; BPG Sanford 1, LLC.

6.  Bill of Sale accepting water and sewer systems for the project known as Lake Sylvan Oaks Phase 2.

7.  Lease Agreement with Seminole State College for use of Property as a Temporary Staging Area for Administrative Purposes due to Hurricane Dorian.

8.  Associate Tennis Pro Agreement with Xia Yang.

9.  Tourist Tax Funding Agreement with Nations Baseball, LLC d/b/a DS Sports Ventures for Nations Baseball September Tournaments (Patriot’s Challenge; Fall Classic; Wood Bat Classic & Remember the Titans and Gladiator Games).

10.  Tourist Tax Funding Agreement with Suncoast Athletics Sports Group, Incorporated, for Super Regional.

11.  Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC, for Elite Championship.

12.  Amendment #1 to Work Order #41 to PS-0009-15 with ATKINS North America, Inc.

13.  Amendment #1 to Work Order #4 to PS-0033-15 with Bentley Architects & Engineers, Inc.

14.  Work Order #29 to RFP-0336-15 with Site Secure, LLC a Miller Electric Company.

15.  Work Order #12 to RFP-0532-15 with Connect Consulting, Inc.

16.  Work Order #4 to PS-1473-172 with S2L Incorporated.

17.  CC-2601-19, Construction Services Agreement with Black Street Enterprises, LLC d/b/a BSE Construction Group.

18.  Work Order #13 to RFP-9601-14 with Revere Control Systems, Inc.

 

 

19.  Bid as follows:

CC-2601-19 from Black Street Enterprises, LLC d/b/a BSE Construction Group and U.S. Veteran Contractors, LLC.

REGULAR AGENDA

Agenda Item #23 – 2019-1559

Greek Fest 2019/Holy Trinity Greek Orthodox Church

Mary Robinson, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve the Holy Trinity Greek Orthodox Church Greek Fest 2019 Special Event Permit for November 1 through November 3, 2019, subject to staff’s recommendations included in the Special Event Permit; Holy Trinity Greek Orthodox Church, Applicant.

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

Agenda Item #24 – 2019-1635

Leisure Services Fee Update

Ms. Guillet recommended this be continued to October 22nd as well since it is associated with the Boys & Girls Clubs of Central Florida lease agreement that is being continued.  Chairman Carey stated there are people in the audience for this item and she would like to give them an opportunity to speak so they don't have to come back. 

Meloney Lung, Assistant County Manager, addressed the Board and presented the request as outlined in the agenda memorandum.

Chairman Carey inquired what the reason is for the difference of the proposed cleaning fee for Midway being 50 versus Lillie H. Green being 25.  Ms. Lung responded the Midway Community Center is larger than the Lillie H. Green Community Center, and it takes two people two hours to clean it whereas the Lillie H. Green Community Center takes two people one hour to clean it, so it is simply recovering the cost.  The Chairman confirmed with Ms. Lung these are the County's only community centers.  Ms. Lung provided facility rental rates of the cities for comparison. 

Commissioner Lockhart stated she would like to get to the place where both Midway and Lillie H. Green can reserve online instead of having to drive to Sylvan Lake Park or the softball complex in order to reserve.  Richard Durr, Leisure Services Director, advised the reason they have this practice is they prefer that the individual comes and meet with staff because there is additional paperwork and they review all of the things that is expected when renting the buildings.  He clarified they have the capability of doing it online; however, they prefer to have them come in and sign the paperwork in person. 

Chairman Carey commented there is a concern that event planners are renting the community centers and then charging their client a higher rate for the facility.  She inquired if there is anything in the rental agreement that says, for example, they cannot rent this facility for $50 and then charge another person $100 an hour for the facility.  Mr. Durr responded that is another reason why they have the face-to-face discussion so they are able to understand exactly what the requirements are and what is expected from the County, such as not allowing another group to come in and rerent the facility.  This is a facility for residents to be able to have gatherings and so forth and not to have a business exchange on the property. 

Chairman Carey stated it is her understanding there are event planners that are renting the Midway Community Center multiple times a year.  Ms. Lung stated she has also heard that, and she would have to confirm by looking at the Leisure Services schedule.  She would recommend limiting the number of rentals to five times a year per family. 

The Chairman stated this will probably be continued to go along with the Lillie H. Green item.  She directed staff to do some research to find out if the community center and libraries are being rented out by someone who is then renting the facility out to someone else at a higher rate to make a profit.  Mr. Durr responded they will bring that back to the Board. 

Ms. Guillet asked Mr. Durr to see if the Midway community can also go to the sports complex or the leisure services building to schedule their rental because it would be more convenient for them.  Mr. Durr responded he will bring that back to the Board as well.  Chairman Carey requested the history on the rentals, how many times it is rented, who is renting it, et cetera also be provided. 

Emory Green, Jr., Midway Coalition of Concerned Citizens, (public speaker form not received), addressed the Board and advised 60 to 70 percent of the individuals that are leasing the Midway facility do not live in the Midway community.  He stated with the support of other volunteers, business leaders, and individuals who have an interest in the success and long-term vision for the community, they are developing a business plan to work in conjunction with Seminole County Government and Seminole County Public Schools to incorporate sustainability options for the community center that represents the individuals that live in the community.  Mr. Green suggested offering specialty pricing for residents who live in the Midway-Canaan community and having nonresidents pay a premium price for the facility. 

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

Chairman Carey called for a motion to continue to October 22nd.

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to continue to October 22, 2019, the request to adopt a Resolution amending Section 20.35 of the Seminole County Administrative Code to update facility rental fees schedule collected by Leisure Services Department for the Lillie H. Green Community Center and the Midway Community Center.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Ms. Guillet advised she had no briefings and would like to yield her time to Grant Maloy, Clerk of Courts & Comptroller. 

Clerk Maloy announced Operation Green Light is being held by clerks across the state.  In Seminole County, it will be Saturday, October 12th, between 9:00 a.m. and 4:00 p.m., at the Criminal Justice Center.  Operation Green Light is a result of Amendment 4 and is for people who have a suspended driver's license due to unpaid court fines and fees.  All collection agency fees will be waived, and they will be put on a low-cost payment plan.  Chairman Carey clarified with Clerk Maloy if somebody has a suspended driver's license because they haven't paid their fee, their driver's license gets reinstated once they set up a payment plan.  Clerk Maloy added when they get on a payment plan, the Clerk's Office now has the authority to issue a clearance for the $60 fee.  And as long as they stay on that payment plan, they will keep their driver's license.  Chairman Carey confirmed with Clerk Maloy it will be suspended again if they miss a payment.  Clerk Maloy advised further information is on the Clerk's website at seminoleclerk.org and social media outlets.  The Chairman stated it will also be on the County's social media outlets.

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Commissioner Dallari commented at the last meeting they talked about bringing Jacobs in for an update and he was hoping that would be done under the county manager's report, but he does not see anyone from Jacobs in the audience.  He inquired if they were going to be presenting in the afternoon, and Ms. Guillet advised they will not.  Staff was going to bring Jacobs in when the Skanska item was brought back, which will not be until the next meeting.  Commissioner Dallari expressed his understanding of his motion was to have them come in today.  Commissioner Lockhart commented she thought they were getting clarification from Jacobs before moving forward with bringing the item back because getting answers from them was going to be the catalyst for whether or not they were moving forward.  Chairman Carey added Commissioner Dallari's point that he made at the last meeting was he would really like to hear from Jacobs in September. 

Ms. Guillet stated they had talked about bringing Jacobs in, in concert with the project management item which was scheduled to come back.  Commissioner Lockhart stated there isn't any point in bringing the item back until they know what the answers are from Jacobs.  Chairman Carey advised the Board is asking for Jacobs to come in for an update ahead of the item.  Ms. Guillet responded there were some questions for Jacobs with respect to project management because of the item to hire additional project managers, and that will come forward when the project management item is brought back because that was staff's understanding of how the Board wanted it handled.  Commissioner Dallari stated he brought it up this morning because he thought his motion at the last meeting was to have them come this meeting. 

Chairman Carey stated she was not sure if it was a motion or consensus the Board.  If they are not here today because staff did not ask them to be here today, then staff needs to ask them to come to the next meeting.  This is about program management, not project managers.  They have contracts with Jacobs for both, but the program is one thing and the project managers is another.  The Chairman clarified with Commissioner Dallari he was asking for a program update.  Commissioner Dallari added at the last meeting, there was a contract and there were some questions about the program.  Ms. Guillet clarified that was project management at the last meeting.  Chairman Carey responded the contract for project managers is driven by the program, and they want a program update to understand why more project managers are needed.  Commissioner Dallari stated it was referred to that Jacobs could not provide additional project managers, so he wants to understand about the program.  They discussed it at the last meeting and said to bring in Jacobs at this meeting so they can discuss it.  That is why he made a continuance of that agenda item. 

Chairman Carey inquired of the Board if they wanted Jacobs to come talk about the program itself and rolling that out or the fact that the program is going to take X amount of project managers and they can or cannot provide them.  Ms. Guillet stated if the Board waited until November on the program management, there will be more information; but they can get the information to the Board about how project management fits into the program.  Chairman Carey responded Commissioner Dallari asked to have Jacobs come and talk about the program they are rolling out, and then that would lead to a conversation about whether they have enough project managers to push the program out or if the County needs to hire someone else to help push the program out.

Joe Abel, Deputy County Manager, addressed the Board and stated Dana Summers, Commissioner Lockhart's aide, just showed him that there was, in fact, a continuance to September 24th.  However, he had it scheduled for October 8, 2019, because he did not get a response back from Skanska in time for this meeting on whether they will be having a remained presence in the Central Florida area and if they were going to have a presence that could manage the projects moving forward. 

Mr. Abel stated his further understanding was the Board wanted someone from Jacobs here to have a conversation about the project management staffing they could provide.  The program management has been on a timeline to have a November update on the revalidation, projects to that point, and the plan moving forward.  He expressed there is a difference between project management and program management.  Commissioner Dallari confirmed with Mr. Abel his motion was date specific on bringing it back. 

Chairman Carey stated the validation of the program determines how many project managers are going to be needed.  She inquired if there is any point in having the project manager discussion before understanding what the validation of the program is.  Mr. Abel clarified the request for Skanska is not just for the penny sales tax.  There is a multimillion-dollar CIP program that consists of different projects within that program that still needs further assistance for project management, and the two are combined for the contract with Skanska.  It will allow staff to utilize project managers for the sales tax as well as project managers for the CIP projects outside of the penny sales tax.  Commissioner Lockhart confirmed with Mr. Abel there is already an agreement with Jacobs to do both program and project management for the CIP as well.  Commissioner Lockhart suggested some of the Board's confusion is the explanation was given to them that somehow Jacobs, one of the largest firms in the world, was not able to provide the number of project managers needed to do both, and that was why they wanted to have them come and answer questions. 

Commissioner Constantine stated this conversation would not have been necessary if someone had just communicated with the Commissioners that this was not going to be on the agenda.  If they are not going to do something on the date a Commissioner has asked because they don't have the information, they need to let everybody know.

Chairman Carey clarified the Board is directing staff before the Skanska item comes back, to have Jacobs come and talk about providing project managers under their current contract, their ability to do that, and does the County need to hire another firm to help or not; and they will hear the program validation and update in November.  No objections were voiced.

COUNTY INVESTMENT ADVISOR’S REPORT

     Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed). 

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt the recommendations of the Board’s Financial Advisor based on the report submitted, and direct the Clerk to implement said Board-adopted recommendations.

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

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Alex Bugallo, Hilltop Securities, addressed the Board to provide the results of the Water and Sewer Revenue Refunding Bonds, Series 2019, sale (received and filed).  Mr. Bugallo advised the County entered an offer of approximately $62,105,000 of bonds last Tuesday, and the sale went very well in the sense that there were approximately $80 million in orders altogether, so each maturity on average was probably 1.3 to 1.5 times over subscribed.  There was retail participation from about $3 million in orders, and then the majority of the orders came from institution side.  The overall results were very good in terms of savings.  Chairman Carey, on behalf of the Board, thanked everyone for their work on the refunding.

COUNTY ATTORNEY BRIEFING

Bryant Applegate, County Attorney, introduced the County Attorney’s Office semester intern Robby McHugh.

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Chairman Carey recessed the meeting at 11:34 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception Clerk of Court Grant Maloy and Deputy Clerk Chariti Colón, who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

EMPLOYEE SPOTLIGHT

Tricia Johnson, Deputy County Manager, addressed the Board to present The Employee Spotlight video featuring the Citizen Information Line.  Employees Tish Callahan-Smith and Steve Fussell were highlighted.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

 

Item #25 – 2019-0034

Heathrow International Business Center PD

Major Amendment and Rezone/JP Morgan Chase

Joy Giles, Planning and Zoning Division, addressed the Board to advise the Applicant has requested that the item be continued to the October 22nd BCC meeting.

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

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to continue to October 22, 2019 at 1:30 p.m., or as soon thereafter as possible, the request to adopt an Ordinance enacting a Rezone from PD, Planned Development, to PD, Planned Development; and approve the associated Development Order and Master Development Plan for approximately 12.76 acres, located on the north side of AAA Drive, 1/4 mile west of International Parkway.

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

Item #26 – 2019-1634

Golf Cart Ordinance

Joe Abel, Deputy County Manager, addressed the Board to advise they are asking for a continuance in order to have a work session this afternoon for further discussion on this item.

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to continue to October 22, 2019 at 1:30 p.m., or as soon thereafter as possible, the request to adopt an Ordinance amending Part 1, Traffic, of Chapter 250, Traffic, of the Seminole County Code by adding a new Article XII, Use of Golf Carts Upon Designated Roads, Multiuse Paths, and Designated Grass Areas.

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

COUNTY MANAGER’S REPORT

Nicole Guillet, County Manager, discussed the scheduling of work sessions and asked that the Board prioritize those.  Discussion by the Board ensued.  Commissioner Dallari mentioned they had not seen any draft agreements in connection with SunRail and believes Volusia County should sign off on something since they are the ones that want to be removed.  County Attorney Bryant Applegate explained it is up to Volusia County whether they are going to accept the state money.  He then discussed the tentative plan if they do not.  Chairman Carey suggested the County Manager speak to the Volusia County Manager and said she will call the board chairman if she needs to as a follow up.  Commissioner Constantine remarked upon his memory and opinion in regard to SunRail and discussed the schedule for the work sessions.  

COUNTY ATTORNEY’S REPORT

Mr. Applegate reported about his presentations in connection with Baseball and Ethics.

DISTRICT REPORTS

District 3

Commissioner Constantine reported on recent outside boards, an award presentation, an HOA meeting in connection with urban bear management and a Zoo event that he attended.  Chairman Carey suggested they have Mary Brooks, Information Officer with FDOT, make a presentation to this Board in the spring in connection with the Wekiva Parkway.  He then discussed future meetings on his schedule. 

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to appoint Austin Beeghly and Dudley Bates to the Natural Lands/Parks Referendum working group (Ad Hoc Technical Advisory Committee regarding Potential Parks & Natural Lands Referendum).

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

District 4

Commissioner Lockhart reported she toured the Yankee Lake and Markham Woods water treatment plants.  She attended the Winwood Community meeting and thanked the State Health Department’s Donna Walsh for attending.

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Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to appoint Mark Brandenburg to the Natural Lands/Parks Referendum working group.

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

District 1

Commissioner Dallari stated that one of the initiatives they have done through MetroPlan Orlando is an organization called “Best Foot Forward” to try to work with citizens as well as the counties for a safer community for their pedestrians.  On October 2nd, there will be the launch of Best Foot Forward by Seminole County.

Commissioner Dallari questioned whether a noise ordinance has been worked on by legal staff because it has not been updated since the 1990s.  The Chairman suggested they have a workshop conversation.  Ms. Guillet added that they should include the Sheriff’s Office.

CHAIRMAN’S REPORT

Chairman Carey reminded the Board receives a letter from the Tax Collector on an annual basis regarding the collection of taxes.  Based upon Florida Statutes, they have the Value Adjustment Board, and since the VAB hearings do not begin until October, in order for him to start collecting taxes, the Board needs to take action to allow the Tax Collector to immediately begin collection of the 2019 Tax Roll prior to the completion of the Value Adjustment Board hearings. 

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to authorize the County Manager to send a memorandum to the Honorable Joel Greenberg, pursuant to Florida Statute 197.323, stating the Board has approved his request to authorize collection of the 2019 Tax Roll prior to the completion of the Value Adjustment Board hearings.

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

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Motion by Chairman Carey, seconded by Commissioner Lockhart, to appoint Chad Moorhead and Ashlee Crosbie Woodard to the Natural Lands/Parks Referendum working group.

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

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Chairman Carey advised she is seeking a recommendation from this Board to fill seats on the board of Rescue Outreach Mission.  She noted Bob Turnage is willing to serve.

Motion by Chairman Carey, seconded by Commissioner Dallari, to appoint Bob Turnage to the Rescue Outreach Mission board.

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

COMMUNICATIONS AND/OR REPORTS

RECEIVED FROM THE CHAIRMAN’S OFFICE

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

1.  COPY of a letter dated August 27, 2019 from Chairman Carey to George Speake, Orlando-Sanford International Airport RE: BCC appointment of Mark Austin to Sanford Aviation Noise Abatement Committee.  C:  BCC; County Commission Records.

 

2.  COPY of a letter from Grant Maloy to Chairman Carey RE: Merging Clerk Finance and Comptroller Offices.  C:  Lee Constantine; Bob Dallari; Amy Lockhart; Jay Zembower; Nicole Guillet; Chloe Jaco, CGL; Brett Firfer, CGL.

 

3.  Letter from Traci Houchin, City of Sanford City Clerk, RE: Notice for Ordinance No. 2019-4522 annexation request.

 

4.  Two postcards received September 13, 2019 RE: request for Native Plant Ordinance.

 

5.  COPY of a letter dated September 13, 2019 from Chairman Carey to Grant Maloy RE: Merging Clerk Finance and Comptroller Offices.  C:  BCC members; Nicole Guillet; Matt Hassan; Chloe Jaco, CGL.

 

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:25 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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