BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 26, 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, September
26, 2017, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
John Horan (District 2)
Vice
Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Clerk
of Circuit Court & Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Absent:
Commissioner Carlton Henley (District 4)
Pastor Jim Lynch, East Coach Believers
Church, Oviedo, gave the invocation. Commissioner
Constantine led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Planet Obstacle was presented.
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Chairman Horan recessed the meeting of the Board of County
Commissioners at 9:39 a.m., and convened as the U.S. Highway 17-92 Community
Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #1 – 2017-0325
Tamsin Bell, Economic Development Division,
addressed the Board to present a request to consider adoption of a Resolution
establishing the U.S. 17-92 Community Redevelopment Agency budget for fiscal
year 2017/18. She noted the total
proposed budget is $12,098,887.
With regard to public participation, no one
in the audience spoke in support or in opposition to Item #1, and public input
was closed.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2017-R-151 establishing the U.S. 17-92 Community Redevelopment
Agency budget for fiscal year 2017/18.
Under discussion, Commissioner Carey stated
staff is having discussions about how to close out a CRA, and from a timeline
perspective, they cannot finalize the numbers until they close out the calendar
year. She requested that staff notify
the cities as to who will be receiving funds so they have some anticipation of
when that timing will be.
Districts 1, 2, 3, and 5 voted AYE.
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Chairman
Horan adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment
Agency at 9:42 a.m., and reconvened as the Board of County Commissioners.
COUNTY
MANAGER’S CONSENT AGENDA
Nicole
Guillet, County Manager, announced there is an add-on item, #2A, in regard to a
request for authorization to negotiate a revision to the contract with their
debris hauler. She explained the
challenge is the entire state is having trouble with retaining haulers because
they are being paid double the amount to go elsewhere, and she pointed out the
public safety concerns about the debris just sitting there. Commissioner Carey stated she has concerns about
price gauging. She would rather give
authority to procure emergency contracts and waive their process to get local
contractors who are here and willing to do it rather than just negotiate with
this particular hauler. Ms. Guillet said
she has discussed this with the Purchasing & Contracts Manager because
there are certain guidelines they need to follow, and they will need to do a
FEMA contract with them. Several Commissioners
noted they have names of haulers they can provide to the County Manager. Ms. Guillet expressed her concerns with
losing the resources that they have and noted it is a good idea to augment with
local resources.
Commissioner
Dallari questioned whether this is price gauging. Bryant Applegate, County Attorney, stated he
knows that the Governor and the Attorney General are looking at a number of
issues on price gauging, not just on debris removal but everything imaginable
down the line; they have received several thousand complaints. Mr. Applegate noted he and the County Manager
have met extensively on this and they are working with Procurement also. He stated it would be very easy to claim
breach of contract and call the bond; however, the question would be what
happens to the 700,000+ cubic yards of debris.
Commissioner
Dallari stated he understands the safety issues if the debris stays on the
ground too long. He opined they need to
give the County Manager the authority and latitude to negotiate a contract and
to bring in local companies like they discussed. He also would like the County Attorney to
assure them that price gauging is not taking place, and if it is, they need to
bring in the proper authorities.
Commissioner Carey stated the not-to-exceed number is double the price
of what they are contracted for. Ms.
Guillet mentioned that is the minimum rate they are paying in south Florida and
it is consistent with what they are seeing people leave the area for.
Ray
Hooper, Purchasing & Contracts Manager, addressed the Board to explain in regard
to reaching out to single sources here, local firms, they are on solid ground
because their policies and procedures are in accordance with a lot of the
federal acquisition regulations, and FEMA recognizes those policies and
procedures. Also, they have great
language that is FEMA-approved in their exhibits for their scope of services on
their current contracts. He noted he
will utilize that when negotiating with the current vendors and they have great
competition. They have three prices from
three different vendors and would use price reasonableness from those prices
with small escalations for fuel and various other economic conditions. He thinks they could negotiate solid
contracts with local vendors providing they have the equipment to provide a quick,
rapid response, and they could get that executed in a rapid fashion.
Commissioner
Carey wondered if an HOA hired a private company to clean up their community
whether there is any opportunity for reimbursement from the County since they
are being reimbursed by FEMA. She
wondered if that was a possibility where they could have a Public Works person
maybe oversee a private contractor that a private subdivision hired in some of
the larger subdivisions to help get this cleaned up. Ms. Guillet responded she does not think so
but she will check.
Commissioner
Carey asked about the mosquito control situation because of standing water and the
debris just sitting around. Ms. Guillet
advised they have already stepped up the controls and they are also working with
the Department of Agriculture to get some aerial spraying. Commissioner Carey noted in her district
there are residents adjacent to the river and for example, Michigan Street is
still flooded and people cannot get in and out.
She wants them to make sure they are still sending their resources out
to check on those people.
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Commissioner
Carey stated she would like to pull Item #2A for a separate vote.
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Commissioner
Carey stated she has a question in connection with Item #6 pertaining to fees for services provided by the
Seminole County Health Department.
Included in the item is a new rate for Temporary Food Service Event Sponsor
and Temporary Food Service Events, and the Commissioner asked if these are food
trucks and special events, and whether non-profits are exempt. Valmarie Turner, Community Services Director,
addressed the Board and advised these are not new charges, they are charges the
State has been charging for some time; however, now they have county charges
attached to them. Donna Walsh, Seminole
County Health Officer, addressed the Board to indicate if non-profits identify
themselves, most times the fees are waived, and they also take into account any
hardships. She described the types of
special events noting the vendors need to be inspected to ensure public health
and food safety, and the Department of Health is the regulatory agency.
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With
regard to public participation, no one in the audience spoke in support or in
opposition to Items #2 through #29, and public input was closed.
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Motion by
Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve
the following:
County
Manager’s Office
Business
Office
2. Adopt
appropriate Resolution #2017-R-152 establishing a reasonable application fee
for the submission by a private entity to Seminole County of an unsolicited
proposal for a qualifying project pursuant to Section 255.065, Florida Statutes, regarding public-private
partnerships. (2017-0329)
2A. Pulled
for a separate vote.
Economic
Development Division
3. Adopt the
amended Qualified Target Industry Business (QTI) Job Creation Schedule for
Dixon Ticonderoga Company, extending the date of completion from December 31,
2017 to December 31, 2018. (2017-0266)
Tourism Development Division
4. Approve
and authorize the Chairman to execute a Sports Marketing and Business
Development Services Agreement with the Central Florida Sports Commission
effective October 1, 2017. (2017-0320)
Community
Services
Business
Office
5. Approve
and authorize the Chairman to execute the LIP (Low Income Pool Funding) Letter
of Agreement, which will provide matching funds of $141,750 to offset the cost
of uncompensated care provided by True Health. (2017-0328)
6. Adopt and authorize
the Chairman to execute appropriate Resolution #2017-R-153 amending certain
fees set forth in Section 20.26 of the Seminole County Administrative Code
pertaining to fees and charges for services provided by the Seminole County
Health Department. (2017-0268)
7. Approve
and authorize the Chairman to execute the Second Amendment to the Interlocal
Agreement between the City of Sanford and Seminole County for the
administration of the City’s U.S. Department of Housing and Urban Development
(HUD) Community Development Block Grant (CDBG) entitlement program. (2017-0327)
8. Approve and execute
the First Amendment to the Subrecipient Agreement with Kids House of Seminole,
Inc. to allow additional time to complete the U.S. Department of Housing and
Urban Development (HUD) approved project funded through the Community Development
Block Grant (CDBG). (2017-0326)
Development
Services
Building
Division
9. Approve the
certified costs incurred by the County to abate the unoccupied structure
located at 4571 Orange Boulevard, Sanford, and issue an Order Imposing Lien for
Cost of Public Nuisance Abatement against the property for the certified costs
incurred in the amount of $2,953.27. (2017-0247)
10. Approve the
certified costs incurred by the County to abate the unoccupied structures
located at 1067 & 1071 Williams Street, Altamonte Springs, and issue an
Order Imposing Lien for Cost of Public Nuisance Abatement against the property
for the certified costs incurred in the amount of $8,471.09. (2017-0253)
11. Issue a Notice of
Determination of Public Nuisance that the unoccupied building located at 1251
Moton Avenue, Sanford, is a Public Nuisance; and authorize the Building
Official to: (a) serve Notice of this determination pursuant to Sections 168.5
and 168.6 of the Seminole County Code; and (b) set a date for a
"Show-Cause" public hearing, as prescribed in Sections 168.5-168.7,
Seminole County Code. (2017-0245)
12. Issue a Notice of
Determination of Public Nuisance that the unoccupied building located at 4601
Gilbert Street, Sanford, is a Public Nuisance; and authorize the Building
Official to: (a) serve Notice of this determination pursuant to Sections 168.5
and 168.6 of the Seminole County Code; and (b) set a date for a
"Show-Cause" public hearing, as prescribed in Sections 168.5-168.7 of
the Seminole County Code. (2017-0246)
Planning
& Development Division
13. Approve the plat
for the Terracina Lot C-2 subdivision containing two (2) lots on 1.88 acres
zoned PD (Planned Development), located on the north side of SR 46, west of
Terracina Drive; Shaman Foradi, Applicant.
(2017-0305)
Environmental
Services
Solid
Waste Management
14. Approve and
authorize the Chairman to execute a Certificate of Public Convenience and
Necessity from October 1, 2017 through September 30, 2018 for the following
companies: Comfort House, Inc.; Conex
Recycling Corporation; Environmental One, LLC; GLE Scrap Metal-Florida, Inc.;
Hubbard Construction Company d/b/a Mid-Florida Materials; Keller Outdoor
Environmental Services, LLC; Load & Go Dumpsters, Inc.; Orlando Waste Paper
Company, Inc.; Perma-Fix of Florida; and USA Services of Florida, Inc. (2017-0323)
15. Renewal of
Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection
Services from October 1, 2017 to September 30, 2018 with the following
companies: Advance Disposal Services
Solid Waste Southeast, Inc.; Container Rental Company; Republic Services of
Florida; and Waste Pro of Florida. (2017-0322)
16. Approve the
semi-annual fuel index adjustments (CPI-F) for residential solid waste
collections services, as set forth in Sections 13(e) of the Residential
Franchise Agreements, with new rates to become effective on October 1,
2017. (2017-0333)
Leisure
Services
Business
Office
17. Approve and authorize the Chairman to execute a 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; and approve the Seminole
County Public Library Annual Plan of Service FY 2017/18. (2017-0331)
Public
Works
Traffic
Engineering Division
18. Approve
and authorize the Chairman to execute the 2017-2021 Voluntary Cooperation
Agreement establishing a City/County/State Traffic Enforcement Unit, involving
Seminole County's seven (7) municipalities, the Sanford Airport Authority, the
Sheriff of Seminole County, the Florida Highway Patrol, the Florida Department
of Transportation–Motor Carrier Compliance, Seminole County–Traffic
Engineering, and CSX Railroad Police-Orlando Office of Special Agents. (2017-0310)
Resource
Management
Budget
& Fiscal Management Division
19. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-154
implementing Budget Amendment Request (BAR) #17-090 through the General Fund
Reserves in the amount of $125,000 to increase funding for the Medical Examiner
to cover a shortfall in the budget due to increased use of mandated
services. (2017-0276)
20. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-155
implementing Budget Amendment Request (BAR) #17-094 through the Natural Land
Trails Bond Fund, in the amount of $192,399 from reserves, for additional
funding for the Longwood Markham Trail Project.
(2017-0317)
21. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-156
implementing Budget Amendment Request (BAR) #17-095 through the Solid Waste
Operating Fund appropriating $137,902 from reserves for negative budget
variances associated with Hurricane Matthew debris removal of which a portion
is eligible for FEMA reimbursement. (2017-0319)
Grants Administration Division
22. Approve and
authorize the Chairman to execute a Grant Agreement with the Florida Department
of Children and Families in acceptance of $1,200,000 over a three-year period
though the Criminal Justice, Mental Health and Substance Abuse Reinvestment
Grant Program; and authorize the County Manager to execute all Subrecipient
Agreements associated with this Grant Agreement. (2017-0313)
Purchasing
& Contracts Division
23. Award RFP-602909-17/BJC, Investment Advisory Services, to
Public Trust Advisors, LLC, Orlando, in the amount of $60,000 per year based on
the $460 million portfolio to be paid in monthly installments of $5,000; and
authorize the Purchasing & Contracts Division to execute the
Agreement. (2017-0312)
24. Award
CC-1498-17/RTB, Greenwood Lakes Water Reclamation Facility (WRF) Odor
Control Improvements, in the amount of $259,050 to Carr & Collier, Inc. of
Leesburg; and authorize the Purchasing & Contracts Division to execute
the Agreement. (2017-0291)
25. Approve Change
Order #4 to CC-0846-16/TAD, Greenwood Lakes Water Reclamation Facility Renewal
& Replacement with L7 Construction, Inc., Sanford, in the amount of
$41,273.97; add an additional 24 calendar days to Substantial Completion; and
authorize the Purchasing & Contracts Division to execute the Change
Order. (2017-0304)
26. Award
CC-1391-17/RTB, Master Services Agreement for Public Works Minor Construction
Projects Under $500,000, to (1) C.E. James, Inc., Oviedo; (2) Central Florida
Environmental Corp., Winter Springs; (3) P&S Paving, Inc., Daytona Beach; (4)
Ryan Fitzgerald Construction, Inc., Apopka; and (5) Schuller Contractors, Inc.,
Orlando; and authorize the Purchasing & Contracts Division to execute the
MSAs; Estimated Annual Usage Amount of $2,500,000. (2017-0311)
27. Approve ranking
list: (1) England-Thims & Miller, Inc.; (2) CDM Smith,Inc.; and (3) Keith
& Schnars; authorize staff to negotiate rates in accordance with
Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division
to execute one (1) Master Services Agreement for PS-1299-17/AEJ, MSA for CEI
Services for CR 46A Safety Improvements and Sidewalk Construction; Estimated
Term Usage $500,000. (2017-0232)
28. Approve Amendment
#3 to Work Order #62 (SWT-Longwood Markham Road) under PS-4388-09/VFT, MSA for
Design of Minor Projects with Construction Costs less than $1,000,000, with
Reynolds, Smith and Hills, Inc., Orlando, in the amount of $13,450.76; and
authorize the Purchasing & Contracts Division to execute the Work Order
Amendment. (2017-0285)
29. Award
IFB-602899-17/TLR, Term Contract for Elevator Maintenance to Skyline Elevator
Inc., Groveland, for the estimated annual amount of $48,420; and authorize the
Purchasing & Contracts Division to execute the Agreement. (2017-0238)
Districts 1, 2, 3 and 5 voted AYE.
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Consent Item #2A – 2017-0345
Item #2A is a request to authorize the
County Manager to negotiate and execute an Amendment to the County’s Debris
Hauling Services Agreement with Ceres Environmental Services, Inc. at a rate
not to exceed $15.48 per cubic yard due to the County’s declared Local State of
Emergency caused by Hurricane Irma and the 700,000+ cubic yards of vegetative
debris along the County’s roadways and rights-of-way.
Commissioner
Constantine asked Ms. Guillet to talk about the “big picture” with regard to
debris pickup. She advised it will take
about six weeks to get through the entire county. They are picking up about 10,000 cubic yards
a day. They will have to take a second
pass through because there are people that are still putting debris out, so
that should take another four weeks or so.
They have the debris contractors on board, 75% of Public Works crews are
focused on doing debris pickup, and they have added an additional day for the
residential haulers to pick up yard waste.
They are trying to pick up five bags from each house on a Wednesday or a
Saturday. She noted they have prepared
and posted a map for the public that shows the generalized areas where people
are working and they have also indicated areas that are completed. She added it is seven times the amount of
debris they had with Hurricane Matthew and it is going to take some time.
Commissioner Constantine asked if they are
coordinating with the cities on all of this.
Ms. Guillet explained that part of the challenge with pooling resources is
the FEMA requirements and the way that you have to track because if you want to
get reimbursed, you have to segregate everything between local
governments. The mayors did agree that
if a particular jurisdiction had a particular challenge or need, they would
make themselves available to one another to try to address that. Chairman Horan noted that just due to scale,
the cities will have haulers available sooner because they will be finished
sooner.
Commissioner Constantine asked for
information about the landfills. Ms.
Guillet advised they have four drop-off sites for debris which are listed on
the County website. They are free of
charge for residents of unincorporated Seminole County and that is because of
the FEMA reimbursement requirements.
There is a regular charge to go to the landfill or transfer
station.
Commissioner Carey stated at some point she
thinks they have to communicate to the tree service groups that if they are
removing trees from an area that has already been picked up, they need to take
it with them and not leave it for pickup.
Commissioner Dallari addressed Mr. Hooper
stating he wants to ensure that they are following all the FEMA regulations
because he understands FEMA will not do sole sourcing. Mr. Hooper said if it is in your policies and
procedures and you follow your policies and procedures, that is the step
in. Single source and sole source are in
their policies and procedures. He added
that FEMA next hones in on price reasonableness and they have a list of how
they approach that.
Motion
by Commissioner Carey, seconded by Commissioner Constantine, to authorize the
County Manager to negotiate and execute an Amendment to the County’s Debris
Hauling Services Agreement with Ceres Environmental Services, Inc. at a rate
not to exceed $15.48 per cubic yard; and to also pursue other alternatives with
other private vendors at a favorable rate.
Commissioner Dallari stated for the record
he wants to ensure they are looking at any and all items when it comes to FEMA
in the amendment to the hauling services agreement so they are at least trying
to address those. Mr. Applegate added
also for the record that the motion is based on the Agenda Memorandum pointing
out the exigent circumstances.
With regard to public participation, no one
in the audience spoke in support or in opposition to Item #2A, and public input
was closed.
Districts 1, 2, 3 and 5 voted AYE.
COUNTY
ATTORNEY’S AGENDA
Consent
Item #30 – 2017-0301
In
regard to the Florida Public Service Commission decision in the Utilities Inc.
of Florida Rate Case No. 1601010, County Attorney Bryant Applegate
stated the PSC has issued a final order which consists of 348 pages. At the Board’s direction, the County
Attorney’s Office obtained outside counsel, Bill Bilenky, to represent the
County and Sanlando. As the Board is
aware, the rates doubled and if this Order stands, the outside counsel believes
there is cause for the 1st District Court of Appeal to consider this
case. He believes very strongly that
there are grounds for an appeal. Mr.
Applegate said he is bringing this matter to the Board for a decision as to
whether or not they should continue on with outside counsel in this
matter. The fee for this matter is not
to exceed $50,000 and the County has paid about $25,000 to $27,000 so far.
The Board discussed the matter at
great length with each giving their opinion as to the manner in which to
proceed. Mr. Applegate clarified that he
is not making a recommendation one way or the other. Chairman Horan asked about the standard on
appeal or in other words, what they would have to show from the record. Mr. Applegate advised that the PSC has not
adopted any rules on how the cost should be allocated between the companies on
a consolidated basis and that they acted arbitrary and capricious. Upon inquiry by Commissioner Carey, Mr.
Applegate noted the case would go to the 1st District and the next
obvious step would be that it goes to the Supreme Court.
Motion by
Commissioner Constantine, seconded by Commissioner Dallari, to follow the
recommendation of outside counsel, Bill Bilenky, to appeal to the 1st
District Court of Appeal the Florida
Public Service Commission’s decision in the Utilities Inc. of Florida Rate Case
No. 1601010.
Commissioner
Carey confirmed that if outside counsel’s fees start to exceed the $50,000 cap,
it will be brought back to the Board for further approval.
With regard to public
participation, no one in the audience spoke in support or in opposition to Item
#30, and public input was closed.
Districts 1, 2, 3 and 5 voted AYE.
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In another matter, Mr. Applegate
advised he received a call from the Sheriff’s Office and so he is seeking the
authority to execute and record two (2) Satisfaction of Civil Incarceration
Liens. One was requested by the Sherriff
and that is for Michael Burgess and another that has come up is for Michael
Cassella. They will be paid in full and
when that occurs, he will file the record Satisfaction of Liens.
Motion by
Commissioner Constantine, seconded by Commissioner Dallari, to authorize the
County Attorney to execute and record Satisfaction of Civil Incarceration Liens
for Michael Burgess and Michael Cassella upon payment in full.
Districts 1, 2, 3, and 5 voted AYE.
Mr. Applegate advised that in the
future, they will bring back a resolution so that this ministerial action can
be handled by staff.
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Mr. Applegate stated the next
matter is difficult for him because it is nothing personal against the Clerk of
the Court and Comptroller; he has a great deal of respect for him as a person and
his staff. However, a letter was sent to
four submitters of an RFP (Response to the Request for a Proposal) for an investment
advisor contract basically telling the companies that if they received the
award that when they render financial advice to this Board, they would not be
paid by the Clerk. He noted they had offered
the Clerk to be involved in the RFP process and the Clerk submitted 12
recommendations; they incorporated 10 of those.
A few weeks ago, the Commissioners received a letter from the Clerk’s international
law firm that is representing the Clerk’s Office objecting and saying they
would not honor the Commission’s investment policy or direction. Therefore, he said he is asking for the
Board’s authority to file the appropriate legal action asking the Court to
order and direct the Clerk to (1) follow the Board’s direction in instituting
the investment policy, and (2) pay the investment advisor that the County has
just retained.
Commissioner Carey stated it is her
understanding that the Clerk does not have an option about paying a bill that
has been approved by the BCC. She opined
they have all tried very hard to work together so if they cannot agree, someone
else will have to make that call. Mr.
Applegate stated that once they file the lawsuit, staff will be happy to try
and continue to resolve this outside of the courtroom.
Commissioner Constantine stated he
respects the County Attorney’s conclusion but he has a real aversion to one
government agency suing another government agency within the same
jurisdiction. If they have to go this direction,
he would like to at least hear from the Clerk.
Chairman Horan stated they will not hear from him with regard to this
discussion because this is a decision that has to be among the Commissioners,
and Chairman Horan called for a motion a second time. Commissioner Constantine affirmed that Mr.
Maloy is not part of the decision, but he would like to hear what he has to
say. Chairman Horan stated he can
comment during public comment but not now.
Commissioner Carey asked if they can ask for public comment now because
she would also like to hear from the Clerk.
She was disappointed that the Clerk chose not to participate in the RFP
process because the Board made it clear that they wanted him to be
involved. Chairman Horan asked if there
is a motion on the table. Commissioner
Carey asked if they needed a motion to have public discussion to which Chairman
Horan asked again if there is a motion on the table regarding Mr. Applegate’s
recommendation. Commissioner Constantine
indicated there was not, so the Chairman stated that he will then take public
comment from the public with regards to the issue they are discussing right now
and asked if there was any member of the public that wished to do so. Mr. Maloy stated he would like to address the
issue. Chairman Horan asked if he was
addressing it as a member of the public and noted he should move from the dais
to the podium to do so. Commissioners
Carey, Dallari and Constantine along with Mr. Applegate asked that Mr. Maloy be
allowed to stay and speak from the dais.
Grant Maloy, 4875 Gabrielle Lane,
addressed the Board to explain this is not an issue of performance but it is an
issue of control. He noted the items the
Board has talked about that they did not include in the RFP process were
substantial and they take away powers of the Clerk’s Office. He stated the investments performance has
been a lot better, about $4 million extra interest for the taxpayers per
year. In August, comparing this year to
last year, there was a 264% increase in interest revenues. He added this is more revenue to the
taxpayers than they have had in years and it is a large increase in
income. Mr. Maloy added they have been
working with other Comptroller’s offices throughout the state of Florida. Many have their own independent treasury departments
and some of them are doing amazing things.
He indicated he and his staff consult with them and they’ve put on an
internal investment committee to review policies. The portfolio changes they have made
outperformed the ones that were shown in the Agenda Memorandum in March; so the
changes made by the Clerk’s Office outperformed what the County wanted to do,
and he feels they are doing a great job.
He noted they are doing such a great job that the County sent out a
press release and the Chairman put it in a newsletter claiming credit for all
the work that was done by the Clerk’s Office.
Mr. Maloy stated there are specific
reasons why they oppose this RFP and it was made very clear in the legal
analysis that they sent to the Board. There
are provisions in this RFP that give a private company the direct control of
investments, Items #3 and #9 of the proposed scope of services, which is giving
up the Clerk’s responsibilities. He
explained signing on to this process takes away the powers of the Clerk’s
Office and it is basically suicide to the Comptroller’s Office, so he could not
agree to that. He noted he agreed with
tri-party agreements and he agreed to use what other counties have done. He noted when the issue came up in March,
Commissioner Carey mentioned she would like to work on things together, and he
would like to do that. But when they put
a proposal out there that makes a private company a de facto Clerk and takes
away powers, and the Clerk is still the rubber stamp for that, that is a serious
problem for checks and balances for the taxpayers.
Mr. Maloy pointed out that this is
not something that is just affecting his office. This is a statewide issue and the Florida
Court Clerks and Comptrollers association voted unanimously to provide funding
and legal counsel, which is why Greenberg Traurig has been involved. Mr. Maloy noted when he was first elected,
the Board was accusing him of suing them, but now the County is considering
suing the Clerk, which is a net loss for the taxpayers because the taxpayers
pay both sides of the bill. He believes
this would be huge waste of tax money and it is unnecessary.
Mr. Maloy stated there are things
he would like to do in the future using the criteria the Board has laid out
that they follow, the portfolio composition requirements. He said he thinks they can do even better
things in the future. Polk County has a
great Clerk’s system that is generating substantial interest and that is the
model he would like to copy, and there are a lot of ideas out there to make more
improvements. He reiterated they are
doing a good job now and opined it would be quite silly to get involved in a
lawsuit that is a complete waste of money.
Commissioner Carey stated as she
looks at the law, if the County Commission approves a contract for payment, the
Clerk does not have the discretion to not pay it, and she asked if Mr. Maloy
believes that he does. Mr. Maloy
explained they have the pre-audit capability if a service is not being
provided, they have the authority not to issue a warrant for payment. Commissioner Carey noted she understands that
but if the service has been provided under their policy, she asked whether Mr.
Maloy thinks they have the ability to reject payment. Mr. Applegate stated the Clerk is the auditor
of County funds and he thinks it is an inherent conflict of interest for the
person or the office that audits those funds to have the sole authority on how
those funds are to be invested. He added
they have stated their legal position and it is clear in his legal opinion and
their outside counsel’s legal opinion that it is well established in the
Constitution and the Statutes of the State of Florida that the Board of County
Commissioners has the authority to send directions to the Clerk who is custodian
of the funds.
With regard to public
participation, no one else in the audience spoke in support or in opposition
and public input was closed.
Commissioner Carey stated she would
hope they could resolve issues without having to go to court because it goes
against her grain to be in this position.
She added she does not understand why the Clerk is so averse to having
professional recommendations and certainly from everything she understands, it
is in their purview. She does not know
how to move this off the dime and maybe they should go to arbitration. Chairman Horan stated they have tried to work
with Mr. Maloy on this because he was involved in the RFP process. He added at this particular time, it becomes
strictly a legal matter as to who has the power and the authority to do
things. They have been given legal
advice that the Board has the power and the authority, and the Clerk has put a
veto on that by refusing to pay their investment advisor and also saying that, “Look,
I can do a better job with this and therefore I don’t need to take your advice
either.” He noted the only way to
resolve it at this particular point is to put it in front of a court of law and
have a declaratory judgment as to which of these two bodies has that particular
authority.
Commissioner Constantine reiterated
his opinion that he cannot stand that they are in this situation. He thinks all sides can take some portion of
the blame here. He said he would implore
both sides to take a deep breath, get out of themselves, and realize that they
all serve the people of Seminole County.
He added they have every right to hire a financial advisor and they have
every right to take their advice and to do an RFP and to expect that they be
paid if they do the services.
Motion by
Commissioner Constantine to give the County Attorney the authority to pursue a
declaratory judgment but before doing that, he and his designees should sit
down with Mr. Maloy one more time to try to find a solution.
Mr. Applegate clarified that it would be a writ of mandamus and not a declaratory
judgment. He stated he is more than
happy to, after the lawsuit is filed, continue to work with the Clerk on a
solution. Chairman Horan noted the court
will make them go to mediation and he said at this particular stage, if he was
counsel, he would file suit right now.
Commissioner Dallari stated he
knows that Commissioner Constantine has made a motion that has not been
seconded yet and asked about a time frame in connection with County staff
sitting down with the Clerk’s Office. Commissioner
Constantine responded that he is leaving that to the County Manager to do as
much as she possibly can before going and telling the County Attorney to move
forward. He added he thinks they
understand the urgency in this.
Commissioner
Dallari seconded the motion.
He said he believes both parties need to work it out if they can.
Under discussion, Commissioner
Carey stated this is time sensitive, and they approved their financial advisor
today to perform a service for them. She
opined that to think that the Clerk has a right to send a letter to people who
are soliciting to do business with this county when the County has asked them
to come and do business with them, and to tell them they are not going to be
paid, and then not bother to copy anybody at the county on that letter, she
finds that amazing that they are here in this place. Mr. Applegate said they will seek an
emergency hearing on this. Commissioner
Carey noted she is going to support the motion.
Ms. Guillet said she has had some
very productive meetings in the past with Mr. Maloy and she does not have an
aversion to doing that, but she is not in a position to abdicate the Board’s
legislative authority, and she believes that is the question.
Mr. Applegate said he’d like to
clarify that the motion is to file the lawsuit and then see if there is a
compromise. Commissioner Constantine
stated the motion is to talk first and then file but to continue to try to work
it out. Mr. Applegate asked what they
should do with the financial investor who will make recommendations. Commissioner Constantine replied that is why
this is time sensitive and they need to do this quickly. Commissioner Carey stated they have a letter
from the Clerk’s counsel stating his position and so she does not know if he is
having his attorney withdraw it. Mr.
Maloy replied the bottom line is on Items #3 and #9. These are proposals that turn over the power
to a private company of the trading to make an active investment
portfolio. He does not have a problem
with the County getting investment advice but this goes beyond that, basically
taking over control of the investment portfolio. Ms. Guillet stated it is the Board and not a
third party that gives direction on investment decisions.
Districts 1, 2, 3 and 5 voted AYE.
--------
Mr. Applegate reminded the Board
that they only have four meetings before Christmas and they need to do an
ethics training. He stated they will
work with the County Manager’s Office to set a date for the training. Commissioner Dallari asked that they allow the
other cities and agencies to partake in that.
Commissioner Carey added they should include all of the boards as well.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Clerk & Comptroller's Office
Motion by Commissioner Carey,
seconded by Commissioner Dallari, to approve the following:
31. Approve Expenditure Approval Lists dated August
28 and September 5, 2017. (2017-0314)
Districts
1, 2, 3 and 5 voted AYE.
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The Board noted, for
information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Executive Order #2017-010 declaring a Local
State of Emergency posed by Hurricane Irma.
2. Florida Public Service Commission Consummating
Order #PSC-2017-0331-CO-EI approving Duke Energy’s revised underground
residential distribution tariffs; Docket #20170069-EI, issued August 18, 2017.
3. Florida Public Service Commission Consummating
Order #PSC-2017-0330-CO-GU approving Florida Public Utilities Company’s
modifications to customer deposit tariff sheets; Docket #20170110-GU, issued
August 17, 2017.
4. Performance Bond #60123313 for roads, streets
and drainage in the amount of $233,073.59 for the project known as Bay Meadow
Farms at Longwood.
5. Conditional Utility Agreement for Water,
Wastewater, or Reclaimed Water Services with The Station at Alafaya, LLC, for the project known as The Station at
Alafaya.
6. Parks Contract for Services with Darrick
Birdsall and Timothy Bennett, Jr.
7. Agreement with Thomson Reuters for Westlaw
PRO.
8. Agreement with Thomson Reuters for book
subscriptions.
9. Amendment #2 to Work Order #23 to PS-0009-15
with Metric Engineering, Inc.
10. Construction Services Agreement CC-0846-16
with L7 Construction, Inc., (with exhibits) as approved by the BCC on July 26,
2016.
11. Change Order #1 to CC-1204-17 with Tyrell
Enterprises, LLC.
12. Change Order #1 to CC-1219-17 with Tyrell
Enterprises, LLC.
13. Change Order #1 to CC-1252-17 with Linton
Enterprises, Inc.
14. RFP-1294-17 with Black Street Enterprises, LLC
d/b/a BSE Construction Group, as approved by the BCC on August 8, 2017.
15. Amendment #3 to W.O. #11 to PS-3914-08 with
Atkins North America, Inc.
16. Seventh Amendment to Term Contract
IFB-601796-13 with Butler Animal Health Supply, LLC d/b/a Henry Schein Animal
Health.
17. First Amendment to Non-Exclusive
Communications Tower and Site Lease Agreement with T-Mobile South LLC.
18. Third Amendment to Term Contract IFB-602510-16
with CM Engineering Services Florida PLLC and Huffman, Inc. d/b/a Nuwave
Concrete.
19. First Amendment to Concession Operations
Agreement RFP-602771-17 with Global Vend Services, LLC.
20. Amendment #5 to Work Order #2 to PS-8005-12
with CDM Smith, Inc.
21. Work Order #57 to PS-8047-12 with Tierra, Inc.
22. Amendment #1 to Work Order #48 to PS-8148-12
with Atkins North America, Inc.
23. Third Amendment to General Engineering
Services Agreement PS-9742-14 with CH2M Hill Engineers, Inc.
24. Addendum #1 to D.O. #17-20500017, Skyway
Beardall PD Rezone, DP and DP Inc.
25. Bids as follows:
IFB-602904-17 from Univar USA, Inc.;
CC-1453-17 from BSE Construction
Group, LLC; Linton Enterprises, Inc.;
CC-1310-17 from Corinthian Builders,
Inc.; BSE Construction Group, LLC; Linton Enterprises, Inc.; Champion Services
of Florida (Notice of No Bid Form);
CC-1307-17 from Preferred Materials,
Inc.; Central Florida Environmental Corp; Hubbard Construction Company;
CC-1062-16 from P&S Paving,
Inc.; Hubbard Construction Company; Halifax Paving, Inc.; Masci General
Contractor, Inc.; The Middlesex Corporation;
CC-0704-16 from Atlantic Civil
Constructors Corp; Gibbs & Register, Inc.; and
IFB-602899-17 from Suburban Elevator
of Florida; Skyline Elevator, Inc.
REGULAR AGENDA
Item #32 – 2017-0287
Item #33 –
2017-0297
Item #34 –
2017-0293
Motion by Commissioner Dallari to
approve Item #32 in regard to a Special Event Permit for the Holy Trinity Greek
Orthodox Church Fest.
Commissioner
Constantine suggested a friendly
amendment to approve all the Special Event Permits in one motion.
Motion by Commissioner Constantine, seconded by
Commissioner Carey, to approve a
Special Event Permit for the Holy Trinity Greek Orthodox Church Greek Fest 2017
from November 3 through November 5, 2017, located at 1217 Trinity Woods Lane;
Holy Trinity Greek Orthodox Church, Applicant; and to approve a Special Event
Permit for the Wekiva Island Fall Frolic from October 14 through November 12,
2017, and a Special Event Permit for the Wekiva Island Winter Wonderland from
December 1 through December 30, 2017, located at 1000-1014 Miami Springs Drive,
Longwood; Mary Sue Weinaug, Applicant.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Items #32 through #34, and public input was closed.
Districts
1, 2, 3 and 5 voted AYE.
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Chairman Horan recessed the meeting at 11:14 a.m.; reconvening
at 11:26 a.m.
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Item
#35 – 2017-0318
Ray Hooper, Purchasing
& Contracts Manager, stated RFP-602840-17, provides for marketing services
that promote Orlando North Seminole County Tourism into three focus areas,
which are (1) Leisure and Meetings, (2) Sports, and (3) Social Media, per the
February 14, 2017 workshop. This
procurement was structured to award all or partial focus areas to one or
multiple vendors. He advised the County
received 12 proposals in response to this RFP.
The county evaluation team along with members of the Tourism Development
Council conducted the initial evaluations and heard presentations from the
top-ranked firms. Staff is requesting
the Board listen to the presentations, discuss and rank the final two firms,
which are Evok Advertising and Design, Inc. and Paradise Advertising &
Marketing, Inc.
Mr. Hooper indicated
for this morning’s presentations, each firm will be allowed 15 minutes followed
by any questions from the Board. After
presentations, staff will entertain any questions prior to asking the Board to
vote. Staff will collect and read into
the record and display the results for the final consensus. Once the selection is made under this RFP,
staff is requesting approval to negotiate and to award the agreements per the
Board’s direction and within the proposed budget amount for next fiscal
year.
Mr. Hooper noted their
current contract with Paradise Advertising and Marketing will expire on
September 30, 2017 and staff is requesting a three-month extension until
December 31, 2017 with Paradise to allow time to negotiate and award the
resulting new contracts. No objections were voiced.
-------
Larry Meador, CEO of
Evok Advertising and Design, distributed booklets entitled Marketing Services
and Follow-up Fees and Plans (received and filed) and addressed the Board. Mr. Meador presented their marketing services
presentation to the Board, followed by a question-and-answer period with Mr.
Meador and his team.
With regard to public
participation, no one in the audience spoke in regard to the presentation and
public input was closed.
-------
Chairman Horan recessed
the meeting at 11:55 a.m., reconvening at 12:00 noon.
-------
Tom Merrick, Chief Creative
Officer, Paradise Advertising & Marketing, distributed a booklet entitled
“15 Years of Results and Counting – What’s Next from Your Proven Paradise Team”
(received and filed) and addressed the Board.
Mr. Merrick along with Rudy Webb, Vice President of Account Services,
and Cedar Hames, CEO and Chief Strategy Officer, presented their marketing
services presentation to the Board, followed by a question-and-answer period
with them and some of their team, in addition to Mr. Hooper and Tricia Setzer,
Seminole County’s Office of Economic Development and Community Relations.
With regard to public
participation, no one in the audience spoke in regard to the presentation and
public input was closed.
-------
Mr. Hooper distributed
the voting sheets (received and filed) to the Commissioners and they were then collected
and tallied.
Commissioner
Constantine verbally submitted the rankings listed below.
Commissioner Constantine
Leisure
and Meetings: Paradise #1 and Evok #2
Sports: Paradise #1 and Evok #2
Social
Media: Evok #1 and Paradise #2
The remainder of the
Commissioners ranked the firms as follows:
Chairman Horan
Leisure
and Meetings: Paradise #1 and Evok #2
Sports: Paradise #1 and Evok #2
Social
Media: Evok #1 and Paradise #2
Commissioner Carey
Leisure
and Meetings: Paradise #1 and Evok #2
Sports: Evok #1 and Paradise #2
Social
Media: Evok #1 and Paradise #2
Commissioner Dallari
Leisure
and Meetings: Paradise #1 and Evok #2
Sports:
Paradise #1 and Evok #2
Social
Media: Evok #1 and Paradise #2
Motion by Commissioner Constantine, seconded by
Commissioner Dallari, to award RFP-602840-17, Marketing Services for Orlando
North Seminole County Tourism to Paradise Advertising & Marketing, Inc.,
St. Petersburg, for the categories of Leisure and Meetings along with Sports;
and to Evok Advertising and Design, Inc., Heathrow, for the category of Social
Media; and authorize the Purchasing & Contracts Manager to execute the
Agreements.
Districts 1, 2, 3 and 5
voted AYE.
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Commissioner
Dallari publicly thanked Valmarie Turner, Community Services Director, for all
the wonderful things she has done for this County and the people that live
here. He noted she will be leaving in
October for a great opportunity.
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Chairman
Horan recessed the meeting at 1:06 p.m.,
reconvening at 1:35 p.m., with all
Commissioners and all other Officials, with the exception of Clerk of Court and
Comptroller Maloy, and Deputy Clerk Terri Porter who was replaced by Deputy
Clerk Kyla Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 3 and 5 voted AYE.
PUBLIC HEARINGS
SPRING TREE VILLAGE APARTMENTS PHASE 4
REZONE/Joseph Savino
Agenda Item #36 – 2017-0034
Proof of publication calling for a public hearing to consider a Rezone
from A-1 (Agriculture) to R-3A (Multi-Family Dwelling) for 4.20 acres, located
on the north side of Red Bug Lake Road, approximately 2,900 feet west of Jerico
Drive, Joseph Savino, received and filed.
Brian Walker, Planning & Development,
addressed the Board and announced staff is requesting a continuance to the
November 14th meeting.
With regard to public participation, no one
in the audience spoke in support or in opposition to the continuance and public
input was closed.
Motion
by Commissioner Dallari, seconded by Commissioner Constantine, to continue to
November 14, 2017, at 1:30 p.m., or as soon thereafter as possible, the request
to consider a Rezone from A-1 (Agriculture) to R-3A (Multi-Family Dwelling) for
4.20 acres, located on the north side of Red Bug Lake Road, approximately 2,900
feet west of Jerico Drive, as described in the proof of publication; Joseph
Savino, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
NUISANCE
ABATEMENT/6625 S. U.S. HIGHWAY 17-92
Agenda Item #37 – 2017-0256
Proof of publication calling for a public
hearing to consider adoption of a Resolution issuing an Order to declare the
existence of a Public Nuisance at 6625 S. U.S. Highway 17-92, Fern Park; to
require corrective action by October 27, 2017; and to authorize necessary
corrective action by the County in the event the nuisance is not abated by the
record owner, received and filed.
Liz Parkhurst, Building Division, addressed
the Board to present the request as outlined in the Agenda Memorandum. Ms. Parkhurst stated Building Official Paul
Watson is available for any questions.
Chairman Horan asked if the building is currently in use or if it is
abandoned, and Ms. Parkhurst answered it appears to be abandoned.
Robert Hoogland, 397 Wekiva Springs Road,
addressed the Board and stated he is the attorney for Best Way Investments,
Inc. and introduced his client Ricardo Padron, 538 Queens Mirror Circle. Mr. Hoogland stated they are not disputing
that the business is a public nuisance at this point. He discussed the history of the property and
provided reasons why Mr. Padron has not been able to open his ice cream
business on this property. Mr. Hoogland
noted vagrants are coming in and they are creating a nuisance. He explained he was just recently retained by
Mr. Padron who is from Argentina and will be going back.
Mr. Hoogland stated he has spoken to the
mortgage holder of this property who has paid the taxes that weren’t paid for
years, and the mortgage holder was not aware they could do a deed in lieu of
foreclosure. He expressed Mr. Padron is
happy to give him a deed on this property; the problem is there is $500,000
worth of code enforcement liens on the property. Mr. Padron has asked for more time to fix the
property to see if that would help because right now it is a lose proposition
for everybody.
Mr. Hoogland pointed out if the County
bulldozes the property, that doesn’t help the property values of that
particular area. He stated the mortgage
holder does have the money to fix this, and discussed the history of the prior
property owners. The mortgage holder is
trying to salvage the property for whatever money he can get. Mr. Hoogland explained Code Enforcement had
sent Mr. Padron a request for a Reduction of Lien and then they found out he
wasn’t really the owner. Mr. Hoogland
filled it out and Mr. Padron signed it, and it is also notarized.
Mr. Hoogland stated they are asking for
more than 30 days so they can do the deed paperwork so they can get somebody to
clean up the property and get it off of the code enforcement books. Mr. Hoogland discussed why it’s important to
take care of code enforcement liens before you take title. He asked the Board for a 90-day abatement to
get everything done and for a Reduction of Lien. He assured if that can happen, the problem should
be cured.
Chairman Horan stated the Board cannot
address the Reduction of Lien at this particular time. Commissioner Dallari asked how much time he
needs. Mr. Hoogland answered the
mortgage holder indicated because the estate is involved, and he has to come
down with a work crew to fix the property, he would like 90 days. Right now they are looking at 30 and he knows
that is not going to be enough time.
Chairman Horan confirmed with County
Attorney Bryant Applegate that it is possible for the Board to declare the
property a nuisance but require corrective action by 90 days instead of 30
days. In light of the recent hurricane,
Commissioner Dallari suggested 120 days if the mortgage holder needs it to make
sure work crews are available. Commissioner
Carey stated she doesn’t have an issue if it takes 120 days, but she would like
to see some action taken before that; so she would prefer to give him 90 days
to at least apply for the permit.
Commissioner Dallari suggested within 30 or 60 days, he needs to apply
for a permit; but give him 120 days to complete the work. Commissioner Dallari asked if he can apply
for a permit within the next 30 days.
Paul Watson, Building Official, addressed the Board and answered he sees
no reason why not. Mr. Watson reminded
the Board that this came to the County through the Sheriff’s Department because
there are a lot of things going on there, so the property needs to be
substantially fastened. Commissioner
Carey stated the property needs to be secured immediately. Chairman Horan added that needs to be part
of the stipulation.
Ms. Guillet suggested the Board consider
continuing this item until the next meeting to give staff the opportunity to
sit down and sketch out a timeline with some deliverables and bring the Board
an action plan. Commissioner Dallari
agreed two weeks is appropriate to continue this item and added that also gives
Mr. Hoogland, who has just recently been retained, ample time to “dig his
teeth” into it. Commissioner Carey
reiterated the property needs to get secured immediately. Mr. Hoogland explained Mr. Padron has secured
the property in the past, but some vagrants have a habit of getting back in the
building; but Mr. Padron is willing to do that again. Ms. Guillet indicated staff would be happy to
work with Mr. Padron to get the property where it needs to be to make sure it
is safe. Commissioner Carey discussed
properly securing the property.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to continue to October
10, 2017, at 1:30 p.m., or as soon thereafter as possible, the request to
declare the existence of a Public Nuisance at 6625 S. U.S. Highway 17-92, Fern
Park; to require corrective action by October 27, 2017; and to authorize
necessary corrective action by the County in the event the nuisance is not
abated by the record owner, as described in the proof of publication, as long
as the property is immediately secured, and ask the County Manager to bring the
Board a plan of action.
Commissioner Dallari confirmed with the
property owner that he understands the motion and that the property can be secured
immediately. Discussion ensued regarding
securing the property. Ms. Guillet
stated staff can help Mr. Padron get the proper signage posted so that the
Sheriff’s Office can enforce no trespassing.
Commissioner Carey reiterated the property is to be secured immediately,
but the Board will hear the item at the next meeting.
With regard to public participation, no one
in the audience spoke in support or in opposition to the continuance and public
input was closed.
Districts 1, 2, 3 and 5 voted AYE.
MONTGOMERY PARKWAY RIGHT-OF-WAY VACATE/
Rose Hill Missionary Baptist Church
Agenda Item #38 – 2017-0234
Proof of publication calling for a public
hearing to consider adoption of a Resolution vacating and abandoning an uncut
portion of a public right-of-way known as Montgomery Parkway, as recorded in
Plat Book 4, Page 98, in the Public Records of Seminole County, for property
located at the corner of Du Bois Street and Moton Avenue, Rose Hill Missionary
Baptist Church, received and filed.
Joy Giles, Planning & Development, addressed the Board and
presented the item as outlined in the Agenda Memorandum. She noted staff recommends approval. Commissioner Carey asked if the Applicant
understands that a portion of this is going to go to the adjacent property
owner. Ms. Giles answered the Applicant
actually owns the property on both sides.
It was determined that the Applicant was present but chose not to
address the Board.
With regard to public participation, no one
in the audience spoke in support or in opposition to Item #38 and public input
was closed.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2017-R-157 vacating and abandoning an uncut portion of a public
right-of-way known as Montgomery Parkway, as recorded in Plat Book 4, Page 98,
in the Public Records of Seminole County, for property located at the corner of
Du Bois Street and Moton Avenue, as described in the proof of publication; Rose
Hill Missionary Baptist Church, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
HOME
2 SUITES AND HOLIDAY INN EXPRESS
SSFLU MAP AMENDMENT
AND REZONE/George Aubin
Agenda Item #39 – 2017-0218
Proof of publication calling for a public hearing to consider a Small
Scale Future Land Use Map Amendment from Commercial to Planned Development, and
a Rezone from C-2 (Retail Commercial) to PD (Planned Development) for hotel and
commercial uses on 6.48 acres, located on the north side of S.R. 46, east of
I-4, George Aubin, received and filed.
Joy Giles, Planning & Development, stated the subject site was
previously developed in accordance with the existing Commercial Future Land Use
and C-2 (Retail Commercial) classification as a motel and a restaurant with a
Floor Area Ratio (F.A.R) of 0.35 and a maximum building height of 35 feet. In 2016, the buildings were demolished and
the Applicant now proposes to redevelop the site. Ms. Giles reviewed the item as outlined in
the Agenda Memorandum and noted staff recommends approval.
Julie Kendig-Schrader, Greenberg Traurig, and Applicant George Aubin,
Automated Consulting Services Inc., addressed the Board and stated they are in
agreement with the staff recommendation and support the staff report and are
available if the Board has any questions.
With regard to public participation, no one in the audience spoke in
support or in opposition to Item #39, and public input was closed.
Commissioner Carey opined it was nice to see the owner demolish the
problematic hotel long before he was prepared to come forward with a
redevelopment plan. She expressed she
looks forward to having two nice, new hotels.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt
Ordinance #2017-36 enacting a Small Scale Future Land Use Map Amendment from
Commercial to Planned Development; and Ordinance #2017-37 enacting a Rezone
from C-2 (Retail Commercial) to PD (Planned Development) for hotel and
commercial uses; and approve the associated Development Order and Master
Development Plan for approximately 6.48 acres, located on the north side of S.R.
46, east of I-4, as described in the proof of publication; George Aubin,
Applicant.
Districts 1, 2, 3 and 5 voted AYE.
REAGAN CENTER CONSERVATION EASEMENT
RECONFIGURATION/Turgut
Dervish
Agenda Item #40 – 2017-0294
Proof of publication calling for a public
hearing to consider adoption of a Resolution authorizing the Chairman to
execute the First Amendments to Conservation Easements to reconfigure two (2)
unplatted Conservation Easements as recorded in ORB 1907, Page 356 and ORB
2851, Page 112, into one (1) easement, for property located on the north side
of Ronald Reagan Boulevard and east of County Home Road and U.S. Highway 17-92
(former Flea World site), more particularly known as 4311 U.S. Highway 17-92,
Turgut Dervish, received and filed.
Brian Walker, Planning & Development,
presented the item as outlined in the Agenda Memorandum. Commissioner Constantine stated he wants to
make sure that the displacement and the volume that this easement can hold is
the same or more than the previous one.
Mr. Walker answered that would be worked out during the final
engineering phases of Reagan Center. It
will need to hold the same amount of water, and they won’t be able to have it
be displaced somewhere else.
Commissioner Constantine stated he knows that it is a St. Johns River
Water Management District (SJRWMD) matter, but he thinks that staff needs to
take a close look at these things when they are changing or moving the
conservation areas around. Mr. Walker
replied they are proposing several retention ponds that don’t currently exist,
so this would be in addition to those.
Ms. Guillet stated although it is a SJRWMD issue, staff will make sure
that the Development Review engineers take a look at that issue as they review
any engineering plans associated with this.
Commissioner Carey stated this is the
conservation easement that is there now just being made larger by about three
acres. Ms. Guillet replied that is
correct. She reiterated staff can make
sure that the reconfiguration doesn’t impact the ability to retain water. Commissioner Carey noted when the development
actually occurs, they will have to have retention for their post-development
activity.
With regard to public participation, no one
in the audience spoke in support or in opposition to Item #40, and public input
was closed.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt
appropriate Resolution #2017-R-158 authorizing the Chairman to execute the
First Amendments to Conservation Easements to reconfigure two (2) unplatted
Conservation Easements as recorded in ORB 1907, Page 356 and ORB 2851, Page
112, into one (1) easement, for property located on the north side of Ronald
Reagan Boulevard and east of County Home Road and U.S. Highway 17-92 (former
Flea World site), more particularly known as 4311 U.S. Highway 17-92, as
described in the proof of publication; Turgut Dervish, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
MEDICAL MARIJUANA DISPENSARY MORATORIUM
ORDINANCE
Item #41 – 2017-0321
Proof of publication calling for a public hearing to consider an
Ordinance establishing a temporary moratorium of two hundred seventy (270) days
prohibiting the operation of any Medical Marijuana Treatment Center Dispensing
Facility within Seminole County, and on the issuance of Building permits,
Development Orders or Land Use/Zoning permits for Medical Marijuana Treatment
Center Dispensing Facilities within unincorporated Seminole County, received
and filed.
Paul Chipok, Senior Assistant County
Attorney, addressed the Board and stated on June 23, the Governor signed SB 8A
which preempts the regulation of medical marijuana treatment centers to the
State and leaves a very small regulation still within the counties’ abilities
to regulate. The County can either ban
medical marijuana dispensing facilities or treat them like pharmacies. The State regulations require a 500-foot
separation distance between dispensing facilities and schools. The Florida Department of Health is currently
undergoing development of regulations to be consistent with Amendment 2, which
was the medical marijuana constitutional amendment.
Mr. Chipok explained at this point the
County needs to determine whether it wants to ban dispensing facilities or
treat dispensing facilities like pharmacies and if so, whether there needs to
be a review of the Land Development regulations for how pharmacies are
regulated and whether additional standards are necessary and warranted. The Legislature may address the issue of
pharmacies and dispensing facilities in the 2018 sesion, which will begin in
January. Mr. Chipok indicated time is
needed for staff to review and make recommendations to the Board. They don’t have any hard facts, and the entire
regulation area of the dispensary facilities is in a state of flux right now.
Mr. Chipok stated any action the Board
takes today is not going to deny access to medical marijuana in Seminole
County. Under state statute, it is
available for home delivery anywhere and everywhere in the state. The County has no jurisdiction to overrule
that. He explained in proximity to the
county, there are currently three dispensing facilities open and in operation;
one in Volusia County in the city of Edgewater, one in Lake County in the city
of Lady Lake, and one in Orange County in the city of Orlando. He discussed what the other jurisdictions are
doing in regard to this issue.
By way of explanation, Mr. Chipok stated
dispensing facilities is the hands-on transaction of the medical marijuana in
usable, medical form transmitted to either the patient or the patient’s
caregiver; so it is the retail center for the acquisition of medical
marijuana. Mr. Chipok displayed Medical
Marijuana Alternative Motions and Impacts (received and filed) and reviewed the
four alternative motions.
Commissioner Dallari stated in the last
election when this issue was on the ballot, the voters did approve medical
marijuana in the state of Florida; and roughly 70% of the voters in the county
voted in favor of it. He explained the
State does cap how many dispensaries can be out there depending upon how it’s
applied. You have to go through a
grower, and each grower is allowed to have X amount of dispensaries. Commissioner Dallari stated he visited Knox
Nursery in Orlando and learned a lot about medical marijuana. He opined it is interesting to see how the
State is regulating this; they looked at all of the states in the country and
have taken the best of the best, and that is how they put this together. He stated this is a drug that does help
people.
Commissioner Dallari noted there is a
pending ordinance to ban this with the P&Z Commission that has been
continued. He stated he believes this is
premature and will not be supporting the moratorium. It was very clear that the voters of the
county and the voters of the state have voted to allow medical marijuana in the
state of Florida.
Commissioner Constantine opined 270 days is
a little bit too long for a moratorium. He
stated the Legislature
is _4Ø2_meeting in
January and will be done in mid-March.
The County will have a sense of if,
when and what they will do during the legislative session. He
would be more inclined to take a
wait_5)1_-and-see
approach with only 180
days. If
it was strictly _591_a ban
or _5<1_not-ban situation, Commissioner Constantine stated he would not support a ban; but when they
are dealing with something new
to _5]1_the
County, the moratorium is a much more
cautious approach to take at
this time.
Commissioner Carey asked if it is correct
that a patient who qualifies for medical marijuana today, can get medical
marijuana by mail whether they live in the county or anywhere in the
state. Mr. Chipok answered not by mail
because medical marijuana is still illegal under federal law so you cannot use
the mail system, but a patient can receive it through home delivery. It has to be through one of the dispensary
organizations and it has to be their own delivery folks. Commissioner Carey asked if the dispensaries
are offering delivery service today. Mr.
Chipok answered yes and explained there are currently 12 dispensaries
authorized by the State, and that number will go up to a maximum of 17 under
the current legislation. Of those 12, 6
of them are currently in the stage of processing where they do have home
delivery available. Commissioner Carey expressed her initial
response to 270 days was she thought that was a little long; but when she laid
it out on the calendar, 180 days would only get them to the end of the
legislative session and then there would not be time for staff to react if the
issue is not taken up in the very beginning portion of the session. So she became more flexible to the 270 days
and understood where staff was coming from.
She opined that when people voted for medical marijuana, they didn’t
think that it may be available in the strip center on the corner where a
pharmacy would be allowed. She added a
dispensary 500 feet away from a school is concerning. Commissioner Carey discussed zoning codes and
the risk to landlords. She stated she
does not object to people who need medical marijuana receiving it, and the fact
that they can get it while the Board looks at the issue and looks at what the
Legislature does and decides what is best for the community is a good
thing. She discussed the fact that the
Health Department hasn’t made rules for the dispensaries yet. Commissioner Carey stated they have to look
at this realistically. What happens if
recreational marijuana is the next step as everybody is predicting that will
be? They need to be cautious about how
they move this issue forward in the community because it will have long-lasting
impacts.
Commissioner Carey voiced she is not
opposed to the moratorium, and she is not opposed to 180 days as long as the Board
can extend it if they saw that the Legislature made a ruling on the 170th day
so the Board could react. On the other
hand, she understands the Board has the flexibility that if the legislature
does something in January, the Board would know what they need to do and could
terminate the moratorium. Mr. Chipok
confirmed that is correct. Commissioner
Carey expressed she doesn’t want to see other commercial businesses penalized by
the Board trying to make a regulation.
Commissioner Dallari discussed his
experience visiting Knox Nursery in Orlando.
He explained the way the state legislation is written, each grower is
allowed so many dispensaries; and you can’t just open a dispensary, you have to
be a grower. And when the grower opens a
dispensary, it has to be fully owned and operated by the grower; the product
can’t actually go into a pharmacy such as CVS or Walgreens. Mr. Chipok stated that is correct. Commissioner Carey asked Mr. Chipok for
clarification. Mr. Chipok responded the
issue with the location of the medical marijuana dispensaries is that marijuana
is still treated as a Schedule 1 drug under federal law. And federal laws are also subject to banking
laws. So if you are a landlord and you
have a mortgage on your property and you are receiving funds from a medical
marijuana dispensary because you are leasing to one, technically under federal
law, that is money from an illegal source.
If you are a landlord and you own the property outright, then you are
not subject to banking laws because you own the property and you don’t have a
mortgage holder to be concerned with. In
that situation, the landlord is free to rent to who he wants to. It’s the landlords that have a property
mortgage who are in a tougher spot.
Mr. Chipok indicated that with the
dispensary numbers, by October 7th the State will allow up to 17 of these
vertically integrated medical marijuana treatment centers, which is from seed
to sale. Each one of those 17 medical
marijuana treatment centers will be allowed to have up to 25 dispensaries, and
the state is divided into 5 districts for medical marijuana. The county is in the central district
(District 3). So doing the raw math, in
the central district there will be approximately 85 dispensaries disbursed
around the Central Florida area.
Commissioner Carey asked what counties are in the central district; and
Mr. Chipok answered the district consists of Brevard, Citrus, Hardee, Hernando,
Indian River, Lake, Orange, Osceola, Pasco, Pinellas, Polk, Seminole, St.
Lucie, Sumter and Volusia.
The Board and Mr. Chipok discussed the
state regulations to deliver medical marijuana.
Mr. Chipok stated he went on the Knox Nursery tour with Commissioner
Dallari and there are a lot of funds invested in that type of business. Whether it is a banking industry or other
alternative sources of funding, Mr. Chipok does not know.
With regard to public participation, no one
in the audience spoke in support or in opposition to Item #41, and public input
was closed.
Chairman Horan indicated he is in favor of
the moratorium. He commended the State
for setting up the regulatory framework.
He opined when the State is dealing with local governments, there are
unforeseen consequences in the way the State has given them options. The County can either ban it or regulate it
as a pharmacy, which means the County would have to redo the Land Development
Code just with regard to pharmacies.
Chairman Horan suggested 210 days gets staff through the session and
about 25 days past it. Chairman Horan
discussed the reasons he supports the moratorium.
Commissioner Carey stated there are a
number of states that have not only passed medical marijuana but also
recreational. She opined they can’t turn
a blind eye, and the federal government is going to have to take this issue up
as well sooner versus later. Mr. Chipok
indicated that is correct and explained as of the last November election, it is
20 states that either allow recreational marijuana or some form of medical
marijuana.
Motion
by Commissioner Constantine, seconded by Commissioner Carey, to adopt
Ordinance #2017-38 establishing a temporary moratorium of two hundred ten (210)
days prohibiting the operation of any Medical Marijuana Treatment Center
Dispensing Facility within Seminole County, and on the issuance of Building
permits, Development Orders or Land Use/Zoning permits for Medical Marijuana
Treatment Center Dispensing Facilities within unincorporated Seminole County,
as described in the proof of publication.
Commissioner Dallari stated he is going to respectfully
vote against this. He believes the
voters have cast their votes and it is the Board’s job to implement their
decisions. He doesn’t think there is a
big issue with looking at a total of five dispensaries throughout the
county. He thinks the home delivery
poses a lot of problems and an unfair financial burden to the residents. He also believes that the ban at the Planning
& Zoning Commission is pending legislation, so the Board can “hang their
hat” on that.
Commissioner Carey stated any ordinances
that are considering a ban should be taken off the table especially to go to
the Planning & Zoning Commission.
She doesn’t think they should ask them to act on something that this
Board has said they are not interested in.
Mr. Chipok responded they will continue it indefinitely in case the
Board heads in that direction in the future.
Districts 2, 3 and 5 voted AYE.
Commissioner Dallari voted NAY.
ITEMS FOR FUTURE AGENDA
Mike Dinnen, 1924 Caladium Place, addressed
the Board and stated he is the president of the Bolling Farms Homeowners
Association. Mr. Dinnen explained they
have tremendous flooding going on within the neighborhood and it’s coming from
somewhere on the west side of I-4. Water
is within five feet of peoples’ homes right now and it is two weeks post
Hurricane Irma. There is a wall that
separates a retention pond from Myrtle Lake Hills Road and the water is flowing
around it, over Myrtle Lake Hills and into Lake Myrtle. They are concerned because the retention pond
has never overflowed but since Hurricane Matthew, they are getting tremendous
flows of water through their neighborhood and surrounding neighborhoods. He opined something has happened with the
flow of water or with FDOT’s I-4 transformation.
Ms. Guillet stated this was one of the
county’s biggest problem areas following the storm. Jean Jreij, Public Works Director, and his
staff spent quite a bit of time out there and they have put some pumps there
and they continue to look at it. Mr.
Jreij addressed the Board and discussed how the water flows from Grace Lake to
the retention pond and then to Myrtle Lake.
He stated staff has been pumping water to manage the stormwater and
avoid flooding. He explained the last
few years they did a study for Grace Lake but they never finished the study for
the entire basin. Staff has obtained a
proposal to finish Part 2 of the study for the entire basin, which includes
Grace Lake, Myrtle Lake and Soldiers Creek.
At the same time they are taking into consideration the I-4 system and
the impact it will have. Mr. Jreij noted
the proposal will be before the Board at the next meeting.
Since this is an immediate problem,
Chairman Horan asked Mr. Jreij what staff is doing now. Mr. Jreij answered Myrtle Lake has outfall
going to the east, so staff has a pump in the outfall to make sure that the
outfall is at full capacity. The outfall
from Myrtle Lake is limited to 24 inches.
Staff is monitoring the situation in that area. Ms. Guillet added staff did some cleaning of
some of the outfall pipes after the storm to make sure they were fully
clear. She opined the challenge is
mitigating the issues and not creating issues somewhere else down the
line. Commissioner Dallari asked if
staff has had a direct conversation with DOT to try to stop the flow of water
in this area and redirect it. Mr. Jreij
answered it will be very hard under the existing situation to take that water
anywhere else in a short time.
Commissioner Dallari asked if there is any other place for DOT to put
the water and Commissioner Carey added as a permanent fix, not short term. Mr. Jreij answered that is what the study
will show. Commissioner Dallari
expressed the study is going to take too long and if DOT doesn’t want to do
what the study says, then the County will have other issues. Mr. Jreij discussed the study.
Commissioner Dallari stated part of the I-4
Ultimate project is DOT is supposed to take care of their own water within a
certain envelope and they shouldn’t be using existing facilities outside of
their area. Mr. Jreij responded the I-4
Ultimate project has a retention pond at the corner of SR 434 and I-4. FDOT was proposing to put a retention pond
next to Grace Lake and they moved it to the north side of the lake. He explained FDOT is saying they are not
making the situation worse; but staff’s position is there is a problem, and
FDOT designed it so they need to have a solution for the problem.
Commissioner Carey stated they need to look
at the immediate issue. She asked if
staff has pumped all the way down to Soldiers Creek where the water ultimately
ends up and cleaned out any of the storm inlets to make sure that there’s no
blockage to the flow. Mr. Jreij answered
staff has checked it and has been monitoring it. Commissioner Carey explained that needs to be
checked every day because all of the debris floating in the water could get
stopped up pretty quickly. In regard to
a permanent solution, she discussed DOT and stated they have to look further
out than just the limits of their construction project. Mr. Jreij stated hopefully after the study,
staff can come up with a long-term solution and they can engage DOT to be part
of the solution.
Commissioner Carey asked how long they are
proposing the study will take. Mr. Jreij
answered realistically 60 to 90 days.
Commissioner Carey confirmed with Mr. Jreij that within 60 to 90 days of
the start of the study, staff would have a permanent solution for the
Board. Mr. Jreij stated in the meantime,
staff has to manage the water. So in the
next few months they will continue to watch Myrtle Lake and try to create
storage. Commissioner Constantine
discussed the need to find a balance so staff isn’t fixing the problem in one
area and pushing it to another area.
Chairman Horan summarized for the public
what staff is doing to try to resolve the flooding. Commissioner Dallari asked if staff could put
a series of pumps with some temporary piping in there to get the water into Soldiers
Creek. Mr. Jreij answered that outfall
is limited, they already have a pipe and it is a very long way to Soldiers
Creek. He explained that cannot happen
overnight because it’s a long distance and staff tries to maximize that outfall. Chairman Horan stated the County knows about
the problem and they are working on it and will continue with the pumps.
Brenda Soper, 1619 Rutledge Road, addressed
the Board and displayed pictures (received and filed) of her flooded
property. She stated there has never
been water on her property and it is now five feet high. She discussed how the water flows to her
property. Ms. Soper explained she called
the County before Hurricane Irma came through and told staff they need to start
pumping the water out because it was already in her backyard and on her drain
field. She confirmed for the Board she
is on the west side of I-4, north of One Church. Ms. Soper discussed her dying trees and her
inability to use her drain field due to the flooding. She stated she cannot wait 90 days for a study.
Commissioner Carey asked if staff could
pump that water to E.E. Williamson or somewhere else. Mr. Jreij answered staff is pumping from
Myrtle Lake all the way to the east to Soldiers Creek. The water Ms. Soper is talking about is
coming from Grace Lake, going behind One Church, and going to the depression
area (Dixon Road). Commissioner Carey
asked if there is anywhere from the west side of I-4 that staff could pump that
water to. She suggested a big depression
along the interstate. Mr. Jreij answered
that depression has a large drainage easement, but it is a private owner on
that property. Commissioner Carey opined
the County should be able to get an emergency drainage engineer to quickly go
out there and come up with a possible temporary solution before staff can get
the study done. Commissioner Dallari
asked if they could put in an emergency drainage swale or even fill up tanker
trucks and start taking the water out of there.
Ms. Guillet responded there are limited options but staff can bring in
reinforcements to see if there are some other options. The Board discussed temporary solutions.
Gabi Stephan, President of the Myrtle Lake
Hills HOA, addressed the Board to emphasize how serious the flooding problem
is. Mr. Stephan stated he is an engineer
so he looked at the DOT study, and they are planning to put two big ponds right
where the problem is. The County needs
to look at that because the system is already overwhelmed, and they need to fix
the problem before they can approve anything that goes in that area. He suggested the Board review the study that
was done on Grace Lake. Commissioner
Carey discussed the Grace Lake study.
Mr. Stephan stated the County needs to look at the whole basin.
Judy Woodward, 1218 Sunshine Tree
Boulevard, addressed the Board and stated she is speaking on behalf of five
homeowners that border the One Church property.
She discussed the flooding at One Church and how Hurricane Irma has
worsened the situation. Ms. Woodward
expressed the flooding is in the woods behind her house and she wants to make
the Board aware of the situation. She
noted she has spoken with Owen Reagan, Public Works, who explained to her the
situation with Grace Lake.
Kristi Mullins, 1222 Sunshine Tree
Boulevard, addressed the Board and stated she owns the property with the
culvert that backs One Church. She
explained about a year ago, the County redid her berm and that is when the
flooding started. Ever since then, she
has had water on her property within inches of her house. Ms. Mullins stated she had to put 300
sandbags out for Hurricane Irma and it was a fight to get County staff to look
at the issue. Commissioner Carey stated
the County has been looking at Grace Lake, One Church, and all of the moving
parts for a couple of years now and they have to take some action. She suggested the County hire a drainage
engineer now and figure out some temporary fixes to give some relief to the
people in the area. They could pump the
water to the two retention ponds in Mandarin that are dry as a temporary
solution and then come up with a long-range plan. Ms. Mullins stated even small thunderstorms
are creating a foot of rain on her property.
She put in an emergency call to the County and the response she received
was to keep her sandbags because she will need them once I-4 starts.
Chairman Horan stated Hurricane Irma has
strained the systems throughout many different basins. The County is doing the best they can. Ms. Mullins discussed her culvert and noted
it has flow but is not draining at its capacity. Commissioner Carey stated staff needs to be
in areas where there is flooding keeping the pipes totally open so that the
water can move. There is a lot of debris
on the ground; so if a pipe is cleaned out today and water from a yard full of
debris goes through it, by the end of the day the pipe won’t be clear.
Chris Sabia, 1611 Rutledge Road, addressed
the Board and stated three weeks prior to the storm, he was telling the County
to pump the water from the back of his yard to the retention ponds. In those retention ponds, they will get 12
inches of water and it is gone within 6 or 7 hours. They can hold about 250 gallons of water and
one of them is bone dry right now. Upon
inquiry by Chairman Horan, Mr. Sabia stated the water percolates right through
the ground. Commissioner Carey
reiterated somebody needs to go out there and do a quick analysis and come up
with a temporary solution until the County can find a permanent fix. Mr. Sabia said the County put a pump in the
culvert in his yard and it’s literally pumping the water four houses down to a
retention pond. It’s not a permanent
solution, but it may relieve some people.
Speaker Request Forms for Mr. Dinnen, Ms.
Soper, Ms. Woodward, Ms. Mullins and Mr. Sabia were received and filed.
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Dom Salfi, 350 Markham Woods Road,
addressed the Board to discuss the closure of the County’s rest areas. He explained the excessive capacity at these
rest areas is a public health and safety issue, and the discussion to
decommission the two County rest areas has been deliberated for over ten years
without a date certain for closure. Mr.
Salfi stated FDOT has not responded with any timeline for the closure of the
rest areas and in fact has indicated they are not going to close them because they
haven’t found a place to relocate them.
Mr. Salfi discussed the legality of the
Federal Highway Commission’s jurisdiction over the rest areas and 23 U.S.C
120(c) which describes rest areas as a place where motor vehicle operators can
park their vehicles and rest. He pointed
out that there are no less than 77 rest area locations between the north rest
area located in Volusia County and the south rest area located in Polk
County. He discussed 23 CFR 752.5, which
points out rest areas are not to be utilized in suburban or urban areas unless
the Secretary of Transportation has a complete report done that fully justifies
setting up a particular rest area. Mr.
Salfi claimed no such report has ever been done.
Mr. Salfi named the individuals and
agencies that he has presented his authority concerning this illegality. He asked those individuals and agencies under
what authority the Federal Government has to go ahead and fund and regulate
these particular rest areas. To date,
none of the individuals or agencies has answered him.
Mr. Salfi discussed working with the County
Attorney to draft a new and upgraded Resolution that would express the opinion
of the Commission to close the County’s rest areas immediately and not to
expand the westbound rest area to add a large amount of interior roadway so
more trucks could park illegally. He
worked with Assistant County Attorney David Shields, and he agreed with Mr.
Salfi that the Federal Government did not have standing to fund and regulate
the rest areas. As Mr. Salfi understands
it, the draft Resolution was completed over a month ago and sent to the County
Manager for review, and that is where it rests.
Mr. Salfi discussed the deleterious effect
of nitrous oxide from diesel particulates it has on people, particularly
children and senior citizens.
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Chairman Horan announced the Board has a
matter of emergency. Ms. Guillet stated
following the discussion this morning, Deputy County Manager Bruce McMenemy set
up a meeting with the Clerk for 12:30 p.m., and the Clerk subsequently
cancelled that meeting and tried to reschedule to tomorrow. Ms. Guillet explained she spoke with the
Clerk after the morning session and told him it was imperative, due to the
time-sensitive nature of the issue, that they meet today; and she has not heard
back from him. She stated she is
concerned about the implication and the intent of the delay, and it is
important that if the County is going to move forward with this, that the
County puts itself in the best position to do so. Chairman Horan asked if her recommendation is
that they file suit today. Ms. Guillet
responded she will leave that recommendation to the County Attorney, but staff
made an effort to sit down with the Clerk and was told he needed more
time. Commissioner Carey expressed they
should do what they need to do to protect the County. Commissioner Dallari stated there was a
motion and staff made every attempt to move forward. Chairman Horan agreed to go forward. No
objections were voiced.
Mr. Applegate stated based on the Board’s previous motion and
recognizing the urgency of the matter, staff will file the lawsuit today.
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Mr. Salfi continued his presentation by
stating in regard to the previous flooding discussion, he doesn’t propose that
the closing of the rest areas would solve the stormwater issue; but he will
propose the fact that if those rest areas were closed, there is a tremendous
amount of dry ponds that could be utilized in order to assist in that
stormwater issue.
Chairman Horan asked Mr. Salfi what it is
that he would like the Board to do. Mr.
Salfi answered he would like the new and upgraded Resolution to be brought up
and passed, and he would also like the Board to assign someone from the County
to work with him and put pressure on FDOT to do something. Chairman Horan stated they could go forward
in doing that; but he understands in regard to any kind of legal action, the
County would have a standing problem.
Commissioner Constantine stated the whole
Board has indicated their concern and have been very strong on this issue as
far as what they should and should not do.
He opined the Board would be happy to do another Resolution, but the
Board has shown time and time again that they need to find a solution for these
rest areas. He stated he agrees with all
of the things Mr. Salfi is saying, but he doesn’t know where Mr. Salfi thinks
the Commission has dropped the ball because he believes they have not.
Mr. Applegate stated after the Chairman’s
meeting with Mr. Salfi, Chairman Horan requested that the County Attorney’s
Office look at what Mr. Salfi submitted.
He explained the County doesn’t have standing to challenge this
issue. It is certainly something that other
parties can handle. Staff did draft a
Resolution; but if Ms. Guillet didn’t receive it, they can get her the
Resolution. Commissioner Carey discussed
FDOT and asked if Mr. Salfi has provided Michael Dew, Secretary of FDOT, with
all of his information. She mentioned
the studies that DOT will be doing and opined until those studies are
concluded, she does not see that they will do anything. She doesn’t think passing another Resolution
with a study underway does the County any good.
Ms. Guillet explained those were the discussions that she has had with
the County Attorney. What is the
intended purpose of the Resolution and what does it accomplish? Chairman Horan stated it is a matter of
finding someone who has standing and is willing to bring that kind of lawsuit. The County can only pursue avenues they are
open to and that is to work with the other political leaders and try to get a
widespread solution.
Mr. Salfi discussed why the Federal
Government has no jurisdiction over the Seminole County rest areas. He claimed the Board does not have to worry
about another location because there is no need for another location. Chairman Horan expressed if he was an enterprising
lawyer, he would find some plaintiff withstanding who would want to bring that
lawsuit and he would bring it. Mr. Salfi
said he wants to do that but he would like to have the ability to say that his
County Commission unanimously supports the closing of the rest areas. Chairman Horan opined they have done that
with several Resolutions, and Mr. Salfi explained the Resolutions simply say to
let the County know when DOT is going to close them. Mr. Salfi stated they now need the Resolution
to say close the rest areas immediately and that the County doesn’t want FDOT
to spend the money to expand it.
Mr. Salfi stated he has a packet of
paperwork (received and filed) full of everything he has said today with backup
for the situation. He needs to feel like
he has his County behind him in order to move forward with the situation. Chairman Horan asked staff to submit the
draft Resolution to the Board for consideration at the next meeting. Commissioner Dallari stated there is
potentially an issue of standing that the County could possibly address and
that is stormwater. He asked does it
give the County standing if this area is contributing to the flooding of the
residential homes around I-4. Mr.
Applegate responded before he can answer that question, he needs more
facts. Commissioner Dallari replied he
is not asking for a decision at this moment, but there may potentially be some
standing if FDOT is doing something that is going to essentially affect a
closed basin. Commissioner Constantine stated the Board would love to see the
rest areas closed so he has no objection backing Mr. Salfi on that issue. He explained the problem he has is when FDOT
was doing other work back in the early 2000’s, the Legislature was able to stop
that. The fact of the matter is, DOT
comes in with a budget every single year and they have to take that budget out
of there, that particular budget for the I-4 rest area. Mr. Salfi responded the issue is political,
and politicians like to see support before they take a position.
Mr. Salfi discussed a drone video of the
westbound area where trucks are parking across lanes and blocking roads and
nobody stops them. He opined the no
parking signs are useless and trucks park in front of them all the time because
the truckers don’t care and they are going to stop where it is convenient for
them. He asked the Board to take a
strong stand. Commissioner Carey asked
if Mr. Salfi was able to address the issue last Tuesday when the legislative
delegation was here. Mr. Salfi answered
he didn’t even know that they were here.
Commissioner Carey informed Mr. Salfi that Congresswoman Murphy uses the
County’s facilities from time to time to hear from constituents and she is
coming back so staff will get that information to Mr. Salfi.
Speaker Request Form was received and
filed.
DISTRICT REPORTS
District 1
Commissioner Dallari complimented staff on
many levels for their hard work and dedication due to Hurricane Irma and
thanked the citizens for their continued support in helping one another.
Commissioner Dallari submitted his ex parte
communications (received and filed).
District 3
Commissioner Constantine also expressed his
gratitude to staff during Hurricane Irma.
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Commissioner Constantine announced the
Florida Association of Counties is meeting in Osceola County starting tomorrow
through Friday.
District 5
Commissioner Carey stated the Governor suspended all of the tolls for
a 15-day period which resulted in a $45 million loss in revenue for the Central
Florida Expressway Authority (CFX); however, it will not hinder their
operations or their current work program.
------
Commissioner Carey commended staff who
worked diligently through and after Hurricane Irma. She noted the Board has received a lot of
calls from constituents praising staff.
She stated while they have a lot of good calls coming in, they still
have calls regarding flooding, rising water and mosquitos. These things need to stay in the forefront
and need to be on the County website.
Commissioner Carey submitted her ex parte
communications (received and filed).
CHAIRMAN’S REPORT
Chairman Horan stated since moving into
Seminole County, Mary Sue Weinaug is open for a Tourism Development Council
(TDC) seat for consideration of the Board.
There are nine seats and she will be the at-large Board appointee.
Motion
by Commissioner Dallari, seconded by Commissioner Constantine, to appoint Mary
Sue Weinaug to the Tourism Development Council for a four-year term expiring
January 2021.
Districts 1, 2, 3 and 5 voted AYE.
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Chairman Horan discussed an email he
received from a constituent regarding her pleasurable stay at a county shelter
during Hurricane Irma.
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Chairman Horan announced the Seminole
County Chamber is doing an appreciation for all of the linemen on Wednesday
from 4:00 p.m. to 7:00 p.m., and the 40th anniversary of the Environmental
Studies Center is September 29th, and they are going to have a recognition get
together at 9:15 a.m.
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Chairman Horan noted the Board received the
wellness training schedule for the ongoing Wellness Program. He stated the USDA has approved a Disaster
Supplemental Nutrition Assistance Program (DSNAP) for Seminole County. Ms. Guillet commented Emergency Management
will have some information for folks who need the assistance so they can
connect with the right folks. She added
citizens can get information on any State or Federal assistance that is
available to them on the County website and on their Facebook page.
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Chairman Horan announced the School Board
will have a recognition at their October 10th board meeting concerning all of
the people who helped in the shelters.
He thanked the School Board for being such great partners through
Hurricane Irma.
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Chairman Horan discussed the Orlando
Economic Partnership and stated they are very aggressively pursuing the Amazon
Headquarters 2 partnership. According to
Amazon, the HQ2 could be, but does not have to be, an urban or downtown campus,
a similar layout to Amazon’s Seattle campus, or a development prepped
site. He mentioned Commissioner Dallari
had a suggestion that a considerable site may be the Oviedo Mall location. Ms. Guillet stated staff is working with the
Orlando Economic Partnership.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1. Letter dated September 13, 2017,
from Traci Houchin, Deputy City Clerk, City of Sanford to Board of County
Commissioners re: Notices of Ordinance #4418 (1340 Silver Lake Court), #4419
(1811 Peach Avenue) and #4420 (3938 Kentucky Street).
2. Letter
dated September 15, 2017, from Roderick Henderson, Business Manager, The
Foundation for Seminole County Public Schools, to Seminole County Board of
County Commissioners re: appreciation for the donation of $4,266 for Midway
Safe Harbor Program.
3. Notice
of Public Hearing for the City of Lake Mary, Planning and Zoning Meeting to be
held on Tuesday, October 10, 2017, at 7:00 p.m., at the Lake Mary Municipal
Services Building re: Final Plat for Waterside II, a 9-lot single-family
residential subdivision.
COUNTY
MANAGER’S REPORT
Ms. Guillet asked for Board
authorization to execute an extension of the Rolling Hills contract due
diligence period to October 31st, 2017.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to
approve and authorize the County Manager to execute the Third Amendment to
Contract for Sale and Purchase of Land between Seminole County and Rolling
Hills Reserve, LLC.
Districts 1, 2, 3 and 5
voted AYE.
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To recognize staff, Ms.
Guillet presented a slideshow which highlighted the preparation, response and
recovery from staff for Hurricane Irma.
The slideshow listed the different job duties and every County employee
who participated in those duties.
Chairman Horan stated the dedication and coordination of staff and the
County’s partners were amazing. Ms.
Guillet stated a lot of employees had damage to their home and are dealing with
their own flooding and debris issues, but they are still coming in every day to
be public servants. Mr. Applegate stated
Ms. Guillet did a phenomenal job overseeing everything and her demeanor the
whole time was tremendous.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 4:17 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
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