BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JANUARY 13, 2015

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, January 13, 2015, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman Brenda Carey (District 5)

Vice Chairman John Horan (District 2)

     Commissioner Robert Dallari (District 1)

Commissioner Lee Constantine (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Circuit Court & Comptroller Maryanne Morse (late)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Erin Leben

 

 

 

     Commissioner Horan gave the Invocation.

     Commissioner Henley led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Synergy Family Health was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – A-0265-15

Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate Resolution #2015-R-1 recognizing Buddy Balagia, Compliance Officer, Department of Community Services, for 28 years of service to Seminole County Government and its citizens, upon his retirement on January 12, 2015.

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

Mr. Balagia addressed the Board to express his appreciation.

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Maryanne Morse, Clerk of the Circuit Court and Comptroller, entered the meeting at this time.

PUBLIC PARTICIPATION

     Andrew Powell, 1701 Historic Goldsboro Boulevard, addressed the Board to thank them for taking the lead in developing community solutions for homelessness in Seminole County.  He stated he is here today to speak on Item #4, which is the Notice of Intent to Terminate the Agreement between Seminole County and Rescue Outreach Mission for the Seminole County Homeless Prevention Program.  Mr. Powell described Rescue Outreach’s program and explained that seven months ago they were requested by Seminole County to provide case management services for the homeless prevention program.  He stated with the receipt of the Notice of Intent to Terminate, Rescue Outreach Mission was not given an opportunity to respond or offer remedy to the concerns of Seminole County prior to receiving the Notice to Terminate.  He noted for the record that Rescue Outreach has the capacity to implement and administer transitional housing programs and has so successfully provided case management and services for transitional housing since 2012. 

     Speaker Request Form was received and filed.

Chairman Carey stated Rescue Outreach Mission, like many of the not-for-profit organizations in the community, have been great partners in the homelessness effort.  She said she thinks the County asks these organizations to take on more than they can possibly handle, and as a result the outcome is not as good as the County needs it to be.  Chairman Carey said the County is having a hard time finding enough people that can really handle case management, and case management is a key component to solving the homelessness issue.  She said she would like to pull Item #4 on the Consent Agenda for a separate discussion because she would like staff to discuss this and how they are going to solve the case management issue.

COUNTY MANAGER’S CONSENT AGENDA

     Nicole Guillet, County Manager, advised staff is requesting that Item #2, request to approve Contract for Sale and Purchase or Transfer of Land with William E. Kirchhoff, and Item #11, request to approve the debit adjustment with Birkat Harav Summer, be pulled from the Consent Agenda.

     Commissioner Henley advised he would like Item #20, Budget Amendment Request (BAR) #15-032 to establish eight U.S. 17-92 Mast Arm Projects, be pulled for a separate discussion.

     With regard to public participation, no one spoke in support or in opposition to Items #2 through #36 and public input was closed.

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

COUNTY MANAGER’S CONSENT AGENDA

 

County Manager's Office

Business Office

2.  Pulled from the Agenda request to approve and authorize Contract for Sale and Purchase or Transfer of Land with William E. Kirchhoff and Nixie Coleman, as Co-Trustees of the William E. Kirchhoff, Jr. Revocable Trust and Airport Industrial Partners, LLC and Seminole County.  (A-0333-15)

3.  Approve travel and mileage reimbursement to Commissioner Carlton Henley for miscellaneous travel from October 2014 through December 2014.  (A-0325-15)

 

Community Services

Community Development Division

5.  Approve and authorize the Chairman to execute the First Amendment to the Seminole County Government HOME/CDBG Program Homeowner Reconstruction Assistance Agreement with Thomas and Betty R. Clark to reconstruct their home due to damage from Tropical Storm Fay.  (A-0236-15)

6.  Approve and authorize the Chairman to execute the First Amendment to Seminole County/Habitat for Humanity of Seminole County and Greater Apopka, Inc. (Habitat) HOME Program Developer Agreement to remove the Restrictive Use Covenant.  (A-0314-15)

 

Development Services

Economic & Community Development Services

Business Office

7.  Approve the Seminole County/Orlando Lake Forest Joint Venture Agreement refunding excess Impact Fee credits in the amount of $214,735.19.  (A-1358-14)

Planning & Development Division

8.  Authorize release of the Developer’s Cash Completion Bond and the First Amended and Restated Escrow Agreement for Road Improvements in the amount of $181,441.41 for Terracina at Lake Forest Phase 5.  (A-0174-15)

9.  Authorize the Chairman to execute the Release of Lien for Code Enforcement Board Case #08-69-CEB, at 711 Avery Lane, Apopka, Tax Parcel #18-21-29-504-0000-0100, owned by CitiMortgage, Inc. (new owner and applicant), Michael and Raquel New (former owners).  (A-0183-15)

10.  Approve the 2014/2015 Service Funding Agreement between Seminole County and the Central Florida Regional Transportation Authority (d/b/a LYNX).  (A-0256-15)

    

Environmental Services

Business Office

11.  Pulled from the Agenda request to approve the debit adjustment in the amount of $13,731.42 to Birkat Harav Summer d/b/a Villas at Lakeside. (A-0285-15)

Utilities Engineering

12.  Approve Three-Party Escrow Agreement between the Florida Department of Transportation (FDOT), Seminole County and the State of Florida, Department of Financial Services, Division of Treasury (FDOT) in order to have Seminole County utilities relocated as a portion of the overall construction of U.S. 17-92 from Shepard Road to Lake Mary Boulevard roadway improvement project.  (A-0284-15)

 

Leisure Services

Library Services Division

13.  Approve and authorize the Chairman to execute a Memorandum of Understanding between Seminole County Library Services Division and the School Board of Seminole County for a partnership in literacy and education to increase communication, expand educational opportunities, and enhance student achievement.  (A-0315-15)

 

 

 

 

 

Public Works

Engineering Division

14.  Adopt appropriate Resolution #2015-R-3 and authorize the Chairman to execute the Contract for Sale and Purchase of Land and for Granting of Easements between Seminole County and Raymond Valdes, together with the County Deed and Ingress and Egress Easement from Seminole County to Raymond Valdes attached to the Contract; to accept the Utility Easement and Drainage Easement from Raymond Valdes to Seminole County attached to the Contract; and to accept an additional Temporary Construction Easement from Raymond Valdes, all in conjunction with the Soldiers Creek at County Road 427 Regional Stormwater Facility Project.  (A-0211-15)

 

Resource Management

Business Office

15.  Approve and authorize the Chairman to execute a Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $14,970 through the FY2014 State Homeland Security Grant Program to assist with the purchase of equipment and to provide training for Urban Search & Rescue (US&R) Task Forces and Hazardous Materials (HazMat) Response Teams; and to adopt appropriate Resolution #2015-R-19 implementing Budget Amendment Request (BAR) #15-038 through the Public Safety Grant Fund in the amount of $14,970 to recognize grant funding and establish budget. (A-0258-15)

16.  Approve 2015 Symetra Benefits Notification of Renewal for the health benefit plan and authorize County Manager to execute the required document. (A-0320-15)

Budget and Fiscal Management Division 

17.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-4 implementing Budget Amendment Request (BAR) #15-023 through various funds in the amount of $2,987,141 to carryforward remaining available grant balances from FY2013/14 to FY2014/15.  (A-0202-15)

18.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-5 implementing Budget Amendment Request (BAR) #15-030 through the Public Works Grants Fund in the amount of $69,281 to reduce grant funding for the Construction Phase of the Mitchell Hammock Road at SR 426 Intersection Improvement Project. (A-0238-15)

19.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-6 implementing Budget Amendment Request (BAR) #15-031 through the Public Works Grants Fund in the amount of $172,403 to reduce grant funding for the Construction and CEI phases of the Seminole Wekiva Trail Phase IV project.  (A-0226-15) 

21.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-7 implementing Budget Amendment Request (BAR) #15-035 in the amount of $17,778 through the Public Safety Grants (Federal) Fund to establish budget for a grant awarded by the Florida Division of Emergency Management’s FY2014 State Homeland Security Grant Program to assist with funding Emergency Management planning, training, and exercise functions.  (A-0287-15)

22.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-8 implementing Budget Amendment Request (BAR) #15-036 through the Boating Improvement Fund to appropriate $40,780 from reserves to the City of Sanford for the Marina Island Structural Revetment Project.  (A-0286-15)

23.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-9 implementing Budget Amendment Request (BAR) #15-037 through the 2001 Infrastructure Sales Tax Fund to appropriate budget of $600,000 from reserves for the Lake Howell at Howell Creek Bridge Replacement Project.  (A-0317-15)

24.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-10 implementing Budget Amendment Request (BAR) #15-039 through the General Fund to appropriate budget of $15,000 from reserves to cover expenses related to the purchase of the Fallen Heroes Memorial Statues.  (A-0312-15)

25.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-11 implementing Budget Amendment Request (BAR) #15-040 through the Emergency Shelter Grant Fund in the amount of $52,250 to establish funding for the 2014-15 Emergency Solutions Grant Program providing Rapid Rehousing for homeless individuals.  (A-0324-15)

Purchasing & Contracts Division

26.  Approve rates and authorize the Purchasing & Contracts Division to execute a Master Services Agreement with CH2M Hill Engineers, Inc. of Orlando for PS-9742-14/RTB - Master Services Agreement for General Engineering Services Contract (Estimated Annual Usage $1,000,000).  (A-0297-15)

27.  Approve Assignment of M-601275-11/LJS, Miscellaneous Contract for the procurement of EZ-IO Needle Set, from Vidacare Corporation, Dallas, TX, to Teleflex Medical/Arrow International, Wayne, PA; and authorize the Purchasing & Contracts Division to execute the documents.  (A-0299-15)

28.  Approve Change Order #3 to Work Order #20 to CC-5075-10/JVP, Hattaway Drive, with AJC Construction, Orlando, in the amount of $131,307.52; add an additional 49 calendar days to substantial completion; and authorize Purchasing & Contracts Division to execute the Change Order.  (A-0294-15)

29.  Award RFP-602127-14/TLR, Supplement Medical Support Services Agreement for Special Needs Emergency Shelters to Maxim Healthcare Services, Inc., Winter Park; and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-0224-15)

30.  Award IFB-602138-14/TLR, Term Contract for Tree Trimming, Removal and Stump Grinding to A Budget Tree Service, Inc., Winter Springs (Primary) and Lewis Tree Service, West Henrietta, NY (Secondary); and authorize the Purchasing & Contracts Division to execute the Agreements.  (A-0229-15)

31.  Award RFP-602155-14/TLR, Financial Consulting Services for FEMA Disaster Reimbursement to Tidal Basin Government Consulting, LLC, Alexandria, VA; and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-0293-15)

32.  Award CC-9859-14/RTB, Lake Howell Road Bridge Replacement at Howell Creek, in the amount of $1,605,170.50 to Gibbs & Register of Winter Garden; and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-0271-15)

33.  Award Bond Counsel Services to Nabors, Giblin & Nickerson, P.A., Tampa; and authorize the Purchasing & Contracts Division to execute the Bond Counsel Legal Services Agreement.  (A-0231-15)

34.  Approve Amendment #1 to RFP-601311-12/BJC to Employee Insurance Benefits Consulting Services Agreement with Hylant of Orlando, LLC, Winter Park; and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-0263-15)

35.  Approve Single Source SS-602185-15/BJC for the Wonderware Software Maintenance, Support and Training Services in the estimated annual usage of $175,000 with Insource Software Solutions, Inc., Richmond, VA; and authorize the Purchasing & Contracts Division to issue annual Purchase Orders.  (A-0249-15)

36.  Approve Work Order #16 (Lake Howell Bridge Replacement) under PS-8148-12/JVP (MSA for Construction Engineering and Inspection Services for projects less than $2,000,000) with CDM Smith, Inc. of Maitland, in the amount of $171,803.61; and authorize the Purchasing & Contracts Division to execute the Work Order.  (A-0273-15)

 

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

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Agenda Item #2 – A-0333-15

Regarding Item #2, Request to approve Contract for Sale & Purchase or Transfer of Land with William E. Kirchhoff, Commissioner Constantine stated he has spoken with the County Manager, Assistant County Manager and the principals that are involved in the land swap/land sale potential.  He believes the Montgomery Road property is very desirable right now.  He said he doesn't think the two are connected in the sense that the County can go out and ask for bids for the potential sale without losing any possibility of the swap if they don't sell it.  He said in talking to the principals of the other property, it didn't seem to concern them one way or another if the County did that.  Commissioner Constantine requested there be discussion concerning this matter.

Upon inquiry by Chairman Carey, Ms. Guillet advised there are a few issues staff would like to resolve and they are hopeful they will bring this item back at the next Board meeting.

Chairman Carey stated she recalled the last time the Board had this discussion, they wanted to get the contract executed before they went out for bids to ensure that they didn't blow up the opportunity to do the swap.  She said hopefully they will move this along when it is revisited in two weeks; and if not, they will take it up for discussion again on how to move forward if that doesn't happen for some reason.

Commissioner Constantine explained why he believes time is of the essence. 

Commissioner Dallari stated he believes this item was not pulled from the Agenda to delay the sale, swap or the negotiations, but to make sure the County could totally vet out any implications that could potentially be there if an entrance was moved.

Chairman Carey stated when the Board talked about acquiring this property, part of the desire to do that was so they could abandon Cameron, gain that additional property and get off that hard curve.  She said she has told the principals who came to see her that the County is going to get the best entrance that works for them, but the County is not going to make their final decision based on what the principal’s need is.  Commissioner Dallari reiterated that the additional two weeks are giving staff the time to truly vet out all items so the Board knows whatever decision they make is the right decision regarding the County as a whole.

Commissioner Constantine stated he doesn’t see anyone trying to slow this down.  He said he wants to make sure that they get it out there as quickly as possible so they have every opportunity for the citizens of Seminole County to gain as much revenue as possible on the sale of that property.

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Agenda Item #4 - A-0321-15

Regarding Item #4, Termination of Seminole County/Rescue Outreach Mission Seminole County Homeless Prevention Program Subrecipient Agreement, Valmarie Turner, Community Services Director, addressed the Board to state case management is a difficult job.  She stated this is a rapid rehousing program for those that are homeless, and it takes a seasoned case manager and a lot of training, which Rescue Outreach Mission has had from the County.  Staff met with them on a weekly basis to go over some of the problems the County has had as well as training.  Ms. Turner advised there were some capacity issues with Rescue Outreach Mission with this particular program. 

Ms. Turner explained staff has worked very closely with the Christian Sharing Center, who has very good seasoned case managers, and they have not had the concerns they have with other agencies.

Chairman Carey expressed her concerns with the termination of agreements and the overburdening of the Christian Sharing Center. 

Ms. Turner explained why she believes the Christian Sharing Center does have the capacity to take on this program at this time. 

Chairman Carey stated Rescue Outreach Mission is the County’s designated homeless shelter and although case management is a new component that everyone is trying to get their arms around, the County doesn’t have the capacity internally to continue to bring them into Community Services. 

Commissioner Horan said it was his understanding that when the County initiated this, the whole idea of “housing first” was to change the focus of a gradual introduction back into having a home to “housing first” and then providing services once the housing was provided and he was in favor of that.  He thinks everyone understood when the proposal came out and the matter of case management was discussed, it was decided if there are problems with case management down the road, the County can adjust and eventually it will be an evolutionary-type of thing where they develop the capacity as people get involved in the case management.

Commissioner Horan stated he shares the same concern that Chairman Carey does, but he is not surprised by what has happened because he thinks the County more or less anticipated that there would be a problem.  He said he considers this kind of an evolutionary bump in the road as the County is addressing this particular problem.  He hopes they will be able to identify the critical mass of case management expertise and he hopes it will be affordable.  He mentioned the County may have to provide more money in the case management element, but he said he doesn’t see this as a real significant failure of any sort in the program. 

Motion by Commissioner Horan, seconded by Commissioner Dallari, to approve the Termination of Seminole County/Rescue Outreach Mission, Seminole County Homeless Prevention Program Subrecipient Agreement.

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

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Agenda Item #20 – A-0269-15

Regarding Item #20, Resolution implementing Budget Amendment Request (BAR) #15-032 through the 2001 Infrastructure Sales Tax Fund appropriating budget of $2,400,000 from reserves to establish eight U.S. 17-92 Mast Arm Projects, Commissioner Henley stated he will be voting against this item because he doesn't think the County should be taking $2.4 million out of the 2001 Sales Tax to fund the Mast Arms in the CRA because there is money in the CRA for that purpose.  He noted that the money that's raised from CRA must be spent in the CRA district, whereas the 2001 Infrastructure Sales Tax has less restrictions and it's entirely up to the Board should a higher priority come along to be able to use that money.  He would prefer to leave the 2001 Sales Tax alone because it has a lot more flexibility than the monies that are collected in the CRA. 

Ms. Guillet explained that staff originally had this Mast Arm Project on a prior Agenda, and it was proposed to be funded out of the CRA Fund.  She stated in some individual discussions with several Board members prior to the meeting, there was a concern that perhaps the County was digging too deep into the CRA Fund.  She said she pulled the County’s budget summary for this fiscal year, and there is only a little over $3 million in discretionary money within the CRA that hasn't been assigned to other projects. 

Ms. Guillet advised the Board is well within their authority to take the money from the CRA and apply it to this project, but it would eat up a significant amount of the remaining discretionary money within the CRA.  She explained that staff felt like there was significantly more money available through the various Sales Tax funds to pay for the Mast Arm Projects.  She reiterated that it is the Board's decision, but cautioned if they do shift this to the CRA, it will limit their ability to do some projects down the road for the remaining years that are left of the CRA.

Chairman Carey advised one of the items she would be bringing up under the Chairman's Report this afternoon was the County’s 2006 Master Plan for the Five Points area and the land that the County owns along U.S. 17-92.  She noted the County has Reagan Center coming forward, which is a large catalyst project, as well as the reconstruction of U.S. 17-92. 

Chairman Carey stated at the time they were doing the Master Plan, they asked the County’s consultant, ZHA, to provide a preliminary look at the lands the County acquired along U.S. 17-92 to see where the County could possibly look to refocus its government operations in the future.  She noted the courthouse is on a very valuable piece of waterfront property and the City has a City Hall on a very valuable piece of waterfront property.  She opined the County Services Building is probably getting to the end of its useful life where they are going to have to invest a tremendous amount of money.  She said the County pays a lot of rent, which could probably cover debt service on a new facility, so the idea was the County would look at the land that it had at Five Points and see how they can plan for the future needs of the County.

Antoine Khoury, Public Works Director, displayed a map (copy received and filed) of the Five Points area.

Chairman Carey referred to a pond on the map and explained one of the biggest issues in developing the land in that area was the pond and what they would do with it.  She stated it has been discovered that the pond has a pipe that connects to the wetlands over at Flea World, and the Reagan Center property.  Chairman Carey opined that if the County is ever going to try to mitigate what they can on this site to make it as valuable as possible, now is the time for them to look at that.

Chairman Carey explained that when the Justice Center and the Public Safety Center were built, the electric was underground in front of that.  She opined this would be a good time for the County to look at getting the rest of the utilities underground in that area and she would like to identify where the funds would come from to do that. 

Chairman Carey advised if this is not something that is critical, maybe the Board should continue this item and come back when they can update the Master Plan and see what needs to happen as projects move forward.  She noted FDOT is already moving forward with the U.S. 17-92 construction, the utility work will get started, so the Board will need to make that decision pretty quickly, and the road construction is scheduled to start in the August/September time frame.  She questioned whether the rest of the Board is interested in looking at this particular piece again.

Upon inquiry by Commissioner Dallari, Ms. Guillet confirmed that the Mast Arms Project is not a time sensitive project, so staff can certainly pull it and bring the Board more information on both CRA funding and Sales Tax funding.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to continue request to approve a Resolution implementing Budget Amendment Request (BAR) #15-032 through the 2001 Infrastructure Sales Tax Fund appropriating budget of $2,400,000 from reserves to establish eight U.S. Hwy 17-92 Mast Arm Projects until such time that a decision is made regarding the Five Points/Flea Market/Reagan Center projects.

Under discussion, Commissioner Horan said that in order to make a determination as to whether the source of money should be from the Sales Tax Reserves of the 2001 issue or the CRA, he would like to see all of the moving variables put on some kind of a sheet to give him some idea as to where the sources come from so he can make some kind of reasoned decision.  He said from a policy point of view, he finds himself agreeing with Commissioner Henley's reasoning, but disagreeing with his conclusion because he thinks he would rather preserve the ad valorem money and use the Sales Tax money.  Regarding the specific issue, he said he would like to see some type of allocation in a source so he can do some kind of analysis on it.

Chairman Carey advised if the ultimate entrance for the Reagan Center aligns with what the County would have as their entrance to their facilities in the future, the Sales Tax money can be used for stormwater.  She added if the County decides to mitigate this, they will need to look at that.  She noted CRA funds are relatively limited and the County is trying to use those for stormwater.  She reiterated that as the County plans for the future, now is the time for them to go back and look at their government complex. 

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

Chairman Carey questioned if there is consent from the Board to bring back the Master Plan.

Commissioner Dallari stated he thinks since FDOT is moving quite quickly with the U.S. 17-92 project, he would like to ask staff to speak with them to make sure that they're not putting that project out to bid and are doing change orders instead so everything is coordinated.  

Brett Blackadar, County Engineer, addressed the Board to advise staff has already been meeting with Flea World representatives and started conversations with FDOT.  He stated if the Board gives direction, staff will work towards getting an estimate from the engineer to redo the plans.  He stated they will miss the bidding of this project since that will occur in April but this would be the first change order before construction begins, if they want to do that.  If the Board gives permission, staff will move forward.  FDOT won't work directly with the developer, so there would have to be a local funding agreement with the County. 

Chairman Carey advised that Carol Hunter has just come back to the County and has been asked to look at utilities out there.  Regarding the utilities that the County has along U.S. 17-92, Chairman Carey stated in regard to the water and sewer, she wants to make sure that before the County puts new utilities in or moves utilities, that they're capable of handling all the capacity that's going to be required for these future projects.

Commissioner Henley explained that he concurs with delaying this.  He discussed the due diligence that has been done regarding the lakefront properties owned by the governments.  He said he doesn’t think the public is aware of how many different interests have contacted members of this Board about projects that are coming up and he agrees it is wise to try to get all of this down on a spreadsheet. 

Commissioner Henley stated he is interested in maintaining flexibility and added he does not disagree with the comments of the County Manager, but opined the important thing is that this Board is able to set priorities and to fund projects that are most beneficial to the citizens of this county as opposed to those who are requesting the County’s support for their particular project.  He reiterated that the County needs to maintain all the flexibility it can.  He explained the County can use the Sales Tax any time they think there's a need for it, even in the CRA area.  He pointed out that costs are going to be coming to this Board for the SunRail in future years.  He stated he is not sure the County shouldn't look further out knowing what's coming down the road, and that's why he supports delaying this in order for the Board to have an opportunity to look at all of the suggested future projects that are in the minds of many of the citizens. 

In response to Commissioner Henley’s comments, Commissioner Horan explained this is the second item on this agenda where the Board is deferring consideration of action on the item, and in both instances it's because the County owns substantial holdings in the area and they have generated interest from the private sector for doing things that look like they enhance the value of their property.  Commissioner Horan stated he remembers four or five years ago the County didn't have those kinds of problems, so he thinks not moving slowly, but deliberately, is the right way to go.

Commissioner Constantine opined that the fact that the Board hasn’t looked at this since 2006 as a Master Plan gives them the opportunity to really sit down and view the future and try to set a vision for that area, both from a potential development side as well as the property that the County owns. 

Chairman Carey stated based on all the comments that she has heard, she would like to schedule a work session for one morning after a Board Meeting.  She stated she would like to look at all the projects that are coming forward in that stretch of U.S. 17-92, the future projections for LYNX and SunRail, and where those funds are going to come from, and the rents that the County pays to occupy private space versus debt service.  She opined that mitigation of the Five Points site is the most critical and probably most costly piece that the County could potentially have, and the solution might be found across the street.  The Board hasn't looked at this in almost ten years and she thinks it's time. 

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to instruct the County Manager and staff to discuss the U.S. 17-92 issue with FDOT and the developer and bring their findings back to the Board of County Commissioners.

Under discussion, Chairman Carey stated once the Board gets the information back at the work session, they will be able to come back as a Board and make decisions about how to direct staff to move forward. 

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

COUNTY ATTORNEY’S AGENDA

 

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

37.  Approve and authorize Chairman to execute Contingent Settlement Agreement regarding Cathcart Contracting Company, Plaintiff, v. Seminole County, Florida, Defendant; Seminole County, Florida, Counter-Plaintiff, v. Cathcart Contracting Company, Counter-Defendant; Seminole County, Florida, Third Party Plaintiff, v. Westfield Insurance Company, Third Party Defendant, Case No. 12-CA-4571-G, Circuit Court of the 18th Judicial Circuit in and for Seminole County, Florida.  (A-0316-15)

38.  Approve and authorize the Chairman to execute the Purchase and Sale Agreement between CSX Transportation, Inc. and Seminole County for 0.47 acre, more or less, of real property located north of East Lake Mary Boulevard, identified as Tax Parcel I.D. No. 09-20-31-300-004A-0000.  (A-0340-15)

39.  Approve and authorize the Chairman to execute Consent of Third Party requested by Developer's lender, Mutual of Omaha Bank, to give the County's consent to the execution by Weston Park, L.P. of the Collateral Assignment of Documents and Rights in favor of Mutual of Omaha Bank.  (A-0343-15)

 

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

 

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

 

     Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize and approve the following:

Clerk’s Office (A-0329-15)

40.  Approval of Expenditure Approval Lists dated November 24 and December 2, 8, 15 and 22, 2014; and Payroll Approval Lists dated November 20, December 4 and 18, 2014; approval of the BCC Official Minutes dated December 9, 2014; Clerk's "Received and Filed" - for information only.

 

1.    Closeout to CC-9166-14.

 

2.    Change Order #1 to Work Order #8 to CC-9192-13.

 

3.    Work Order #76 to PS-3914-08.

 

4.    Amendment #1 to Work Order #2 to PS-5163-04.

 

5.    Amendment #6 to Work Order #42 to PS-4388-09.

 

6.    Change Order #2 to CC-9025-13.

 

7.    Closeout to CC-8199-12.

 

8.    Work Order #77 to PS-3914-08.

 

9.    Amendment #3 to Work Order #2 to PS-4202-09.

 

10.    PS-9622-14 Construction Engineering and Inspection Services Agreement with England-Thims & Miller, Inc., as approved by the BCC on September 23, 2014.

 

11.    Work Order #7 to PS-8146-12.

 

12.    Change Order #2 to Work Order #2 to CC-9192-13.

 

13.    Work Order #14 to PS-4736-09.

 

14.    Work Orders #17 and #18 to PS-8148-12.

 

15.    Change Order #8 to CC-8105-12.

 

16.    Amendment #1 to Work Order #13 to RFP-5847-10.

 

17.    Work Order #2 to PS-8595-13.

 

18.    Change Order #1 to Work Order #12 to CC-9192-13.

 

19.    Work Order #12 to PS-8286-13.

 

20.    Change Order #1 to Work Order #7 to CC-9192-13.

 

21.    Work Order #29 to PS-1020-05.

 

22.    Amendment to RFP-600933-10 Lease Agreement with Copytronics Information Systems.

 

23.    Amendment #1 to Work Order #12 to PS-8186-13.

 

24.    Private Road Maintenance Bond #SU1128418 in the amount of $37,324.81 for the project known as Terracina at Lake Forest; Taylor Morrison of Florida, Principal.

 

25.    Right-of-Way Utilization Permit Maintenance Bond #71571607 in the amount of $7,705.58 for the project known as WaWa at Airport Boulevard; Airport Property Investors, LLC, Principal.

 

26.    Right-of-Way Utilization Permit Maintenance Bond #022048408 in the amount of $3,952.00 for the project known as 7-Eleven, Inc., County Road 46A.

 

27.    Conditional Utility Agreement for Water, Wastewater & Reclaimed Water Services with East Red Bug Road Development, LLC for the project known as Parkdale Place.

 

28.    Amended FY2013 Federally Funded Subgrant Agreement by State of Florida, Division of Emergency Management in the amount of $13,200.00, State Homeland Security Grant Program, as approved by the BCC on November 19, 2013.

 

29.    Parks Contracts for Services as follows:  Brenda Gunn, Collins Perez, David W. Smith, and Steve Strome.

 

30.    Amendment #3 to Work Order #1 to PS-7105-11.

 

31.    Amendment #1 to Work Order #1 to PS-8419-13.

 

32.    Construction Agreement with CSX Transportation, Inc. for crossing improvements and signal upgrades at the Cross Seminole Trail Missing Link, as approved by the BCC on September 23, 2014.

 

33.    Change Order #2 to CC-9140-13.

 

34.    Change Order #7 to CC-9155-14.

 

35.    Letters from Chairman Carey to various committees regarding Board liaison appointments.

 

36.    Amendment #1 to Work Order #10 to PS-8186-13.

 

37.    Work Order #74 to PS-3914-08.

 

38.    Change Order #1 to Work Order #5 to CC-9192-13.

 

39.    Change Order #1 to Work Order #14 to CC-9192-13.

 

40.    Change Order #2 to Work Order #2 to CC-9072-13.

 

41.    Amendment #1 to Work Order #9 to PS-8286-13.

 

42.    Special Audit Review of Construction Contract Bid Packages.

 

43.    Warranty Deed for Anna J. Ondick, as Successor Trustee of the Robbie R. Ondick Revocable Trust.

 

44.    Amendment #1 to Work Order #61 to PS-4388-09.

 

45.    Amendment #2 to Work Order #60 to PS-4388-09.

 

46.    U.S. Department of Interior Geological Survey Joint Funding Agreement for the Florida Integrated Science Center.

 

47.    Work Order #25 to CC-8199-12.

 

48.    Work Order #75 to PS-3914-08.

 

49.    Change Order #6 to CC-8501-13.

 

50.    Amendment #2 to Work Order #66 to RFP-5465-10.

 

51.    Change Order #3 to Work Order #2 to CC-9192-13.

 

52.    Change Order #3 to CC-8805-13.

 

53.    Development Order #14-27500045 Alcoholic Beverage License, Barbara J. Butcher Trustee FBO.

 

54.    Ladybird Academy PD Developer’s Commitment Agreement. 

 

55.    Memorandum to the BCC from Betsy Cohen, Procurement Administrator, through Ray Hooper, Purchasing and Contracts Manager, requesting the BCC review the proposals for RFP-602132-14, State Legislative and Governmental Lobbying Services. 

 

56.    Change Order #1 to Work Order #2 to CC-9184-13.

 

57.    Development Orders as follows:  #14-30000077, Jonathan & Anna Matusitz variances; #14-30000080, James & Madelyn Fischer variance; #14-80000081, Rebecca Sonnie variance; #14-30000082, Donald & Lynn Beckman variances; and #14-30000076, Lewis & Marjorie Fallon variance.

 

58.    Copy of Tower Structure Removal Bond #103878549 for Site #FL02421-S. 

 

59.    Letter from Luanne Woodley, Tax Deed Clerk, attaching a list of Lands Available for Tax Deed Sales.

 

60.    Memorandum to Nicole Guillet, County Manager, from Valmarie Turner, Community Services Director, relating to NSP Unauthorized Commitment, Chief Inspection Services for RFP-8312-12, Work Order #55.

 

61.    Certificates of No Recall Racing Permits for Penn Sanford, LLC and SOKC, LLC.

 

62.    Change Order #2 to Work Order #13 to CC-9192-13.

 

63.    Addendum #1 to Preserve at Lake Sylvan Developer’s Commitment Agreement.

 

64.    Release of Lien for Case No. 14-10-CEB, Kamela Bowman, as approved by the BCC on November 18, 2014.

 

65.    Change Order #2 to Work Order #3 to CC-9192-13.

 

66.    Amendment #2 to Work Order #100 to PS-1529-06.

 

67.    Amendment #4 to Work Order #11 to RFP-5706-10.

 

68.    Amendment #2 to Work Order #48 to PS-4388-09.

 

69.    Amendment #5 to Work Order #7 to PS-2051-07.

 

70.    Seventh Amendment to IFB-601448-12.

 

71.    Second Amendment to IFB-600920-10.

 

72.    Change Order #1 to Work Order #13 to CC-9192-13.

 

73.    Change Order #4 to Work Order #6 to RFQ-5888-10.

 

74.    Amendment #6 to Work Order #3 to PS-2825-07.

 

75.    Work Orders #21 and #22 to RFP-5706-10.

 

76.    First Amendment to RFP-601035-10 with Compass Group USA, Inc. by and through its Canteen Vending Services Division a/k/a Compass Group USA Inc. d/b/a Canteen Vending Services.

 

77.    Second Amendment to IFB-601000-10 with Compass Group USA, Inc. by and through its Canteen Vending Services Division a/k/a Compass Group USA Inc. d/b/a Canteen Vending Services.

 

78.    Amendment #2 to Work Order #2 to PS-8005-12.

 

79.    Change Order #1 to Work Order #6 to CC-9192-13.

 

80.    Change Order #2 to Work Order #6 to CC-9192-13.

 

81.    Bids as follows:  PS-9838-14; PS-9462-14; IFB-602126-14; IFB-602138-14; RFP-602132-14; Bid-602166-14; and PS-9742-14.

 

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

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

Sheriff’s Office  (A-0282-15)

41.  Approval to expend $30,000 from Law Enforcement Trust Fund to provide funding to Breaking the Cycle Consulting, Inc., an organization providing support to families experiencing teen abuse and violence within the home. 

 

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

 

REGULAR AGENDA

Agenda Item 42 (A-0120-15)

                Paula Halleck, Planning & Development, addressed the Board to present a request for a reduction of the Code Enforcement Board Lien from $17,500 to $0.00, for Case #14-46-CEB on property located at 6048 Linneal Beach Drive, Apopka, Tax Parcel #19-21-29-506-0000-0160, Christiana Trust, New Owner and Applicant.

     Ms. Halleck reviewed the background timeline as outlined in the Agenda Memorandum.  She advised based on discussions with the County Attorney’s Office, staff is changing their recommendation to administrative costs of $285.72. 

     Chairman Carey requested the County Attorney discuss what his research has shown on these issues regarding mortgages.

Bryant Applegate, County Attorney, addressed the Board to state his office has been working very closely with the Code Enforcement Office, looking at the history.  He explained that as of January 5, there are 299 open lien files; of those, there are 77 that have a Lis Pendens filed on them; of those, 43 have made it to Certificate of Titles; of those, 13 are still out of compliance.  He stated the action that the Board has taken over the past several years has gone a long way in addressing the foreclosure crises.  He stated the time has come now, in light of the adoption of the foreclosure registry and in light of the contract that will now register properties, whether they're owned by banks or owners, to seek compliance.  For those that now remain in noncompliance that already have Certificates of Title, he has asked staff to immediately set those matters for Code Enforcement.  He explained the inspectors will inspect the property and if there's a violation, a hearing will be set according to Chapter 162 before a special magistrate or the Code Enforcement Board.  He said once that lien is filed, then that lien without any legal arguments would be completely enforceable.  He recommended that at this point for those cases that remain, they would seek administrative costs and this avoids future litigations as well.

Upon inquiry by Chairman Carey regarding how quickly the properties can get moved forward into the Code Enforcement Board, Mr. Applegate advised for the properties that have a Lis Pendens filed, the registry will take care of that.  For those that have a Certificate of Title, he is going to ask staff to immediately proceed and get the process started. 

Ms. Guillet clarified that the Sheriff's Office would be the entity that would do the inspections.  She advised based on the Board’s direction today, staff would work with the Sheriff's Office and prioritize the different cases and see what they need to do and take the most critical ones first.

Chairman Carey stated she thinks Mr. Applegate's plan of moving forward and how they move forward is important and should be done as quickly as possible.  She requested the motion include that the plan be implemented immediately, to give clear direction to both staff and the Sheriff’s Office of how they are trying to move forward.

Commissioner Horan agreed with the analysis that was just articulated by Mr. Applegate and stated he thinks the policy and aggressiveness in addressing this particular issue over the past few years has been in the public interest. 

Motion by Commissioner Horan, seconded by Commissioner Dallari, to direct the County Attorney to refer the cases that have gone to a Certificate of Title that are still out of compliance for Code Enforcement hearings, and to work with the Sheriff's Office concerning all of the other code violations that were identified by the County Attorney to establish a procedure to resolve and facilitate the resolution of those.

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

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     Motion by Commissioner Constantine, seconded by Commissioner Henley, to approve the reduction of the Code Enforcement Board lien, from $17,500 to the total administrative costs of $285.72 for Case #14-46-CEB on the property located at 6048 Linneal Beach Drive, Apopka, Tax Parcel #19-21-29-506-0000-0160, owned by Christiana Trust; require this reduced amount to be paid within 30 days, or the lien will revert to its original total amount of $17,500; authorize the Chairman to execute the Release of Lien upon payment in full. 

Justin Plean, on behalf of the property owner, addressed the Board to give a brief history of the property.  He advised the property owner moved as swiftly as possible to remedy all of the issues, and he believes that's why Ms. Halleck has recommended that the lien be reduced to the administrative costs today.  He confirmed that they agree with staff’s recommendation.

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

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Agenda Item #43 – A-0139-15

     Ms. Halleck presented a request for a reduction of a Code Enforcement Board lien from $31,750 to $200.00 for Case #11-07-CEB on the property located at 1212 Stone Street, Oviedo, Tax Parcel #25-20-31-5BA-0000-3350, Federal Home Loan Mortgage Corporation, New Owner and Applicant.

     Ms. Halleck reviewed the background timeline as outlined in the Agenda Memorandum.  She advised that based on discussions with the County Attorney’s Office, staff is changing their recommendation to administrative costs of $450.86.

     Upon inquiry by Commissioner Horan, Tom Helle, Building Division, addressed the Board to state the owners pulled a demolition permit and removed the shed, which was the violation.

     Vicky Briggs, Realtor, addressed the Board to state she was in support of staff’s recommendation. 

Commissioner Horan commented that this particular property, although bank-owned, is distinguishable in a sense the bank did act responsibly in the sense that as soon as it took title, it went through the governmental processes that were necessary in order to demolish a building and was able to accomplish compliance within 147 days, getting the appropriate permits that were involved.  He stated the other aspect of this that is distinguishable from other cases that the County has had, even under their previous policy, is that in this particular case, there was an unpermitted building, not a public health or safety violation.  He believes there are distinguishing aspects to this.

     Motion by Commissioner Horan, seconded by Commissioner Dallari, to approve the  reduction to the Code Enforcement Board lien, from $31,750 to the total administrative costs of $450.86 for Case #11-07-CEB on the property located at 1212 Stone Street, Oviedo, Tax Parcel #25-20-31-5BA-0000-3350, Federal Home Loan Mortgage Corporation (new owner), Louis and Sandy Morgan (prior owners); require this reduced amount to be paid within 30 days or the lien will revert to its original amount of $31,750; and authorize the Chairman to execute the Release of Lien upon payment in full.

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

     Mr. Applegate thanked Ms. Halleck.  He stated he knows she worked very hard in going through all those files so that this Board could have the accurate information they needed to make the decision.  He added that with this new policy, it will not be necessary to bring these cases back to the Board if they pay the administrative costs.

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Agenda Item #44 – A-0290-15

     Tony Matthews, Planning & Development, addressed the Board to present a request to approve the Special Event Permit for the Wekiva PaintOut – Annual Plein Air Art & Spring Kickoff Special Event at Wekiva Island, 1014 Miami Springs Drive, Longwood, from March 1 through March 30, 2015.  He presented the request as outlined in the Agenda Memorandum.

     Motion by Commissioner Constantine, seconded by Commissioner Henley, to approve the Special Event Permit for the Wekiva PaintOut – Annual Plein Air Art & Spring Kickoff Special Event at Wekiva Island, 1014 Miami Springs Drive, Longwood, from March 1 through March 30, 2015, including staff’s recommended conditions of approval.

     Under discussion, Commissioner Dallari stated he would be supporting this event because it's a phenomenal event and he thinks this is an event that in the upcoming years the County should get involved.  He stated he knows that it's late for this year’s event, but after March, he would like to see how the County could be more of a partner with this event. He stated he has seen other Plein Air and PaintOut events throughout the state and they are more than just community events; they are a regional event.  He believes the County needs to be embracing the culture of this type of event.

     Chairman Carey mentioned the County has several arts and cultural groups that can help get involved.  Commissioner Dallari reiterated he was definitely supporting this item, but he would like to see this Board make a statement that after the 2015 year event is over, the County will be more involved. 

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

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Chairman Carey recessed the meeting at 10:43 a.m., reconvening at 10:50 a.m.

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Agenda Item #45 – A-0257-15

     Ray Hooper, Purchasing & Contracts Manager, addressed the Board to present a request to review submittals and select a firm to award RFP-602132-14/BJC, State Legislative and Governmental Lobbying Services; and authorize the Purchasing & Contracts Division to execute the Agreement.  Mr. Hooper presented the request as outlined in the Agenda Memorandum.

     Upon inquiry by Chairman Carey, Mr. Hooper clarified the Board members were to choose one company, as opposed to ranking the companies.  Chairman Carey noted that this is a one-year contract with four, one-year options, and there are always termination provisions.  She opined that performance is a key component to their lobbyists and as soon as this legislative session is over, she would like to regroup and evaluate how the selected company did. 

Mr. Hooper advised he can bring back the Agreement, with whomever the Board selects, via an Agenda item on the second Board meeting in July, and they can determine whether they want to exercise renewal or go back on the street.  Chairman Carey advised they will discuss it as the date approaches, but first wants to come to a consensus about who they will select.

Commissioner Constantine noted the County has had the same lobbyist for a long time.  He stated this is a critical year and discussed the four issues that they have put on their list of priorities.  He suggested the option of picking three companies and then having an interview process at a work session at the next meeting and then come back in the afternoon to select one or more than one.  He stated he doesn’t see a problem in having a general lobbyist and one specific to the budget item either.  He advised in Tallahassee there are a number of groups of two, three or four that represent the same people and he sees a benefit in that as well as a benefit in the interview process.  He opined the number one issue is getting the money from the Department of Juvenile Justice (DJJ).  He was very impressed that there were seven groups, all high level lobby firms, saying they want to work with Seminole County. 

Commissioner Constantine expressed his concern with the fact that many of these groups lobby the Commissioners in one form or another for another client, and he feels that it would be a very good policy to set that whoever the Board selected would agree not to lobby the Commissioners on behalf of others. 

Chairman Carey stated she believes that policy was part of the scope and asked Mr. Hooper to confirm that.  Mr. Hooper responded that they could possibly put that policy in the Agreement.  Ms. Guillet stated she does not know that the policy was reflected in the scope and advised that to include that is a decision the Board would have to make.

Chairman Carey stated the County has never interviewed potential lobbyists.  She described the due diligence that she did.  She believes they need a general lobbyist and then, if it becomes necessary, they can hire a specific person to do a specific task; there is nothing stopping them from doing that. 

Upon inquiry by Commissioner Dallari about whether they can hire two lobbyists, Ms. Guillet advised the Board is free to do whatever they want.  She stated there is a budget and the Board can amend the budget for lobbying services. 

Ms. Guillet pointed out this Agreement is for legislative and governmental lobbying services.  She explained that from a staff standpoint, it's important for the County to have somebody that they can call and assist with any issues they might have with state agencies.  She reminded everybody this isn't just about the legislative session, but about having an advocate to help the County with the state agencies throughout the year. 

Chairman Carey stated the County’s number one priority is to get the $4.9 million back that the County was overbilled for the Juvenile Detention Center, so that will be the number one priority of whoever the Board selects.

Commissioner Horan stated it is his understanding that the County is going to retain a firm as the general governmental affairs/public affairs/lobbyist firm, and that they will expect from that firm an array of services including advice concerning who else the County may have to retain on a specific issue in a particular year.  Commissioner Horan advised he went through all of the proposals and was very impressed.  He said he would not be in favor of breaking the contract up because there is just not enough money there to generate enough attention to do that.  He stated the proposals tell him that if they need somebody different or they need a service the firm doesn’t provide, they're going to identify it for him.  He stated he is not in favor of either hiring two people or hiring a primary and secondary. 

     Commissioner Constantine clarified that his suggestion of interviews was not going to postpone anything in the fact that the Board could do that at the next meeting.  Commissioner Constantine explained his reasons for wanting to change the process they use to select a firm.  He suggested ranking the top three firms on the cards to see where the Board is.  He opined that all of the firms are wonderful and it will be very difficult for anybody to make a decision on just one.

Chairman Carey stated she does not have an issue with ranking the firms if the Board wants to do that.  She reiterated that all of the firms are highly qualified and they can't go wrong with any one of them.  She noted that she has not heard any Board member who wanted to support the idea of doing interviews, so she will put that aside.  She stated she would rather spend the next Board meeting doing a strategy session with the firm to make sure that everyone is on the same page and going in the same direction. 

     Mr. Hooper distributed the Commissioners’ business cards and instructed the Board to vote for the firm that they want the contract to be awarded to.  He announced that Commissioners Carey, Horan, Dallari and Henley voted for Southern Strategy of Orlando, LLC, and Commissioner Constantine voted for Capital City Consulting, LLC.

     No one spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to award RFP-602132-14/BJC State Legislative and Governmental Lobbying Services Agreement to Southern Strategy of Orlando, LLC; and authorize the Purchasing & Contracts Division to execute the Agreement.

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

The business cards showing the firms selected were received and filed.

COUNTY MANAGER’S REPORT

No report.

COUNTY ATTORNEY’S REPORT

No report.

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     Chairman Carey advised that the Health & Wellness Plan Design Update work session is scheduled in Conference Room 3024.

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     Chairman Carey recessed the meeting at 11:08 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Erin Leben who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

JAKUBCIN PLACE REZONE/

Joan and Ivan Jakubcin Living Trust

Agenda Item #46 – PH-2015-023

     Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to PD (Planned Development) for 8.52 acres, located on the west side of W. SR 426, approximately one‑quarter mile south of Red Bug Lake Road, and north of Slavia Road, Joan and Ivan Jakubcin Living Trust, received and filed.

Joy Giles, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum.  She advised that the Planning and Zoning Commission recommended approval and staff also recommends approval. 

Major Stacy, 2265 Lee Road, addressed the Board to state he represents the developer, Dustin Lucas.  He stated he agrees with staff’s recommendation and is available for any questions.

No one spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance #2015-01 enacting a Rezone from A‑1 (Agriculture) to PD (Planned Development) and approve the associated Development Order and the Master Development Plan for 8.52 acres, located on the west side of W. SR 426, approximately one‑quarter mile south of Red Bug Lake Road, and north of Slavia Road, as described in the proof of publication, Joan and Ivan Jakubcin Living Trust.

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

Commissioner Dallari referred to a section on the Future Land Use map and pointed out that there is an actual easement that lines up with Duda Trail.  He questioned whether there is any reason for the easement and whether the easement is going to be vacated.  Ms. Giles stated that it is actually a part of the original Slavia plat and is an uncut road.  Commissioner Dallari stated that the Lucas family is looking into doing some redevelopment on the other piece of the property and he is trying to determine whether there is an actual need for the road. He believes staff needs to be paying attention to that.  If there is no need, it needs to be included in some type of development.  Chairman Carey stated that even though it is an unpaved road, it is a platted road; and if they wanted to vacate that, they could make an application to vacate the right‑of‑way.

Commissioner Dallari requested that if they do that, he would like to see staff talk to the adjacent property owners to determine what the need is for that access.

WYMORE ROAD SAFETY IMPROVEMENTS/Seminole County

Agenda Item #47 – PH-2015-026

     Proof of publication calling for a public hearing to consider a request to adopt a Typical Roadway Section and authorize staff to proceed with the Final Design for the Wymore Road Safety Improvements Project (Orange County Line to Spring Valley Road), Seminole County, received and filed.

     Brett Blackadar, County Engineer, addressed the Board and introduced the Wymore Road project manager, Bob Walter, and the CDM Smith consultant, Paul Snead.

     Paul Snead, CDM Smith, addressed the Board to present the agenda item as outlined in the Agenda Memorandum.  He displayed a PowerPoint presentation entitled “Wymore Road Safety Improvements.”  He discussed Project Description & Need and I-4 Ultimate Project.  He explained that the Data Collection included traffic volumes, crash history, school bus stops and LYNX routes, and topographic survey/utility locations.  He discussed how they used that information to develop an existing conditions drainage model.  He pointed out that all of the Alternatives, except the No‑Build Alternative, will address the flooding. 

Mr. Snead reviewed Alternative #7, No-Build; Alternative #1, No-Build with Drainage Improvements; Alternative #2, Sidewalks and Bike Lanes on Both Sides; Alternative #3, Sidewalk NB and Bike Lanes NB & SB; Alternative #3A, Sidewalk NB, Partial Sidewalk SB and Bike Lanes NB and SB; Alternative #4, Shared‑use Path NB and No Bike Lane or Sidewalk SB; Alternative #5, Wider Sidewalks NB and SB with No Bike Lanes; and Alternative #6, Shared‑use Path NB and Sidewalk SB with No Bike Lanes. 

Mr. Snead explained that they then looked at criteria to evaluate the Alternatives to come up with a preferred Alternative.  He displayed the Alternatives Analysis Considerations slide and discussed Pedestrian/Bicyclist Needs, Flooding During Rainstorms, Constructability and Ability to Maintain Traffic, Required Right of Way, Utility Relocations, and Impacts to Trees.  Mr. Snead pointed out that while all of the trees that they are impacting are within the right-of-way of Wymore Road, they are sensitive to the aesthetic value of the trees and the interest the residents have for the trees.  In the cost estimate, they have included the cost to relocate these trees either within the right-of-way where they have room or within the residential areas.

With regard to the relocation of existing trees, Commissioner Dallari questioned the size of the existing trees.  He noted there are some large trees up and down that road and questioned if they are going to be relocated.  Mr. Snead responded they have included the cost to relocate the trees. Upon inquiry by Commissioner Dallari, Mr. Blackadar stated they are talking about some of the trees that were recently planted along the subdivisions, some of those that are fairly new.  He stated if there are historic oaks, they are trying their best not to impact those.  Mr. Blackadar explained that what is in the right-of-way and being impacted are trees that have been planted by the neighborhoods.

Chairman Carey asked for further clarification.  She stated outside of Spring Lake Hills, there are very mature magnolia trees planted in the right-of-way and questioned if it is the intent to try and relocate all of those mature magnolia trees.  Mr. Blackadar stated they are going to work with the Leisure Services Department to see what can be done.  He stated he is not an arborist but he does know there are certain types of trees that can and cannot be relocated.  He added that sometimes you give them to the neighborhood and say if you are able to relocate these and take them back into your common area, you can have them.

Discussion ensued with regard to the relocation of trees.

Mr. Blackadar clarified that “relocating” in their terms means trying to put back what was there before, not necessarily always relocating trees so maybe “replacement and relocation” is better terminology.  He advised that is something staff will have to evaluate.

Upon inquiry by Commissioner Horan, Mr. Snead confirmed that in the Evaluation Matrix, they are just talking about removal of trees within the right-of-way.

Mr. Snead continued his presentation and displayed and discussed the Evaluation Matrix.  He described Alternative #3A, the Alternative they are recommending.  At Chairman Carey's request to point out the differences between Alternatives #3 and #3A, Mr. Snead explained the difference is in the southbound sidewalk.  Alternative #3 would just have the sidewalk that is existing in front of Spring Valley Club and #3A would add a sidewalk north of Spring Valley Club at Maison Court up to Spring Valley Road.  He clarified that Alternative #3A does not include a sidewalk in front of Spring Valley Hills.  The Schematic of Preferred Alternative #3A was displayed for further clarification.

Chairman Carey stated her concern is that Spring Valley is a very mature neighborhood.  While they have a chain link fence there, it can't be seen because of the mature hedge that they planted in the County's right-of-way.  She discussed the entrance of Maison Jardin and the Oaks apartment complex across the street and suggested that if a crossing was put in at Maison Court to the east side of Wymore, people could cross and still have a continuous sidewalk or they could come out at Spring Valley, which has a light, and cross to a continuous sidewalk.  She does not believe it is worth impacting that little stretch for the few people that they are talking about serving.  Mr. Blackadar stated they are at preliminary engineering so they can come back to the Board.  He advised they can look at that section between Maison Court and Spring Valley once they have done the final survey and design and laid it out and shown what the exact impacts will be. 

Chairman Carey advised she would like staff to look at #3 and #3A as the recommendation and potentially a better community solution and then have a community meeting to show renderings. 

Mr. Snead continued his presentation and discussed Coordination and Schedule.  He stated construction could start as early as the summer of 2016.  Discussion ensued with regard to the scheduling and closing of lanes.

Commissioner Dallari stated he agrees that they should look at #3 and #3A. 

Gary Abriola, 875 Wymore Road, addressed the Board to state he is one of the partners of Altamonte Manor Apartments.  Mr. Abriola noted that he has been on the Wymore Road project for the last 20 years.  He explained why he believes that out of all of the designs over the last 20 years, Mr. Blackadar's and Mr. Walter's design of #3 and #3A are the best.  With regard to the oak trees, he stated his concern is the oak trees have huge roots and will impact Altamonte Springs’ water lines which will cause problems at a later date.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Commissioner Constantine advised one thing which hasn't been considered is that it is also very important to the City of Altamonte Springs because that roadway is shared between the County and the City of Altamonte Springs.  People don't know whether they are in the County or in Altamonte Springs at any particular time.  He stated he knows Mr. Blackadar worked very closely with them and knows that Altamonte Springs is in strong support of #3A.  Commissioner Constantine stated he has listened to his fellow Commissioners and their concerns and thinks Mr. Blackadar will take those concerns into consideration when he is designing this.  He believes they need to have public meetings.  The timing of this is critical, especially with the I-4 project. 

Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt Typical Roadway Section #3A to improve Wymore Road, to take into consideration the comments made today about the trees, and to look at Alternative #3 as they go through the process of design, as described in the proof of publication, Seminole County.

Under discussion, Commissioner Dallari requested clarification of the motion and asked what is meant when Commissioner Constantine says #3A but taking into account #3. 

Commissioner Constantine stated it means that #3A is the preferred improvement as per the recommendation of staff, the consultant and Altamonte Springs but that they will take the comments into consideration.  If that is going to be burdensome or is going to cause too many problems after going through the public hearings, staff will bring back a further recommendation.  Staff will look at #3 but #3A is the preferred improvement.

Chairman Carey offered a friendly recommendation on an amendment.  She suggested staff come back with additional information on both #3A and #3 and move both of those forward in a dual track to the public.  When you look at what the impacts really are between the differences in the two and the benefits, she believes it is important they not just see #3A with #3 being considered.  She thinks that it ends up with two drastically different results between #3 and #3A.

Commissioner Constantine stated he hopes there isn't a drastic difference.  He stated he does want the staff to be working on looking at the best way to achieve these improvements but he would also like them to be very cognizant of the future of the City of Altamonte Springs, which is the County's partner.  They are very much supportive of #3A.  He can see taking the design back to the citizens but he wants #3A to be the preferred choice with #3 also being considered as they go forward. 

Chairman Carey questioned whether Altamonte Springs is a partner with the County in helping to pay for the project.  Mr. Blackadar stated there is no interlocal agreement but this is a first generation sales tax and impact fee combined project.  He noted that impact fees and sales tax are collected countywide.

Discussion ensued regarding the differences in Alternative #3 and #3A.  Since the only difference between the two is the sidewalk between Spring Valley and Maison Court, Mr. Blackadar stated his recommendation is to come back to the Board and show the project with and without the sidewalk and the impacts and cost differences.  He pointed out if they don't put in the sidewalk, they will have to put in two additional crossings which have a cost. 

Commissioner Horan stated he has no problem adopting #3 or #3A as the Typical Roadway Section.  He stated in terms of what the Board finally does as far as the design is concerned, when he looks at the final designs, he will be putting public health and safety of the entire County first.  If that is impacted by trying to retain a chain link fence and some trees that were planted by a private entity in a public right-of-way, he will have a problem adopting something like that.  Commissioner Horan suggested if the Motioner would consider withdrawing his motion, he would make a motion to adopt #3A or #3 as a Typical Roadway Section and then they will find out how far that sidewalk extends. 

Chairman Carey advised that if the Board selects a Typical Section, they will not see the project again.  It will go to design and then go to construction.  She stated the reason she offered the friendly amendment was so it would come back to the Board with the impacts of #3 and #3A.  That is how this typically works.  Once they pick a Typical Section, it won't come back.

Upon inquiry by Commissioner Horan, Mr. Blackadar stated if they make a motion today, the matter will come back to the Board in maybe six months, or whatever the time frame is to get to the point where they feel comfortable enough with the design and all of the information to do that.  If that is made a part of the motion, they can come back.  At that point, the Board could adopt one.  This public hearing process is historic more than a defined requirement of the process.  Historically, they have come to the Board at this point but that doesn't mean they can't come back to the Board for another approval at 60% plans or whatever process the Board would like. 

Chairman Carey stated her friendly amendment was to look at both alternatives, bring them both back to the Board and then they will have the impacts.  Sometimes it is better for the Board to get all of the information before they pick the one they want to ride with but the motion on the floor is for #3A to be the preferred alignment.

Commissioner Constantine stated he is using the language of the staff as far as preferred.  He heard today, and believes staff did too, and included in the motion that they take into consideration the trees, public safety, the crossings, and the chain link fence.  He felt very strongly that this should go to the public after they designed it and have those public meetings and come back to the Board with the results of those.  So if that was not understood in the motion, he is trying to clarify it.  He understands they are going to look at all of the alternatives, including whether or not they design it to include that section of sidewalk or not.  He believes he and Chairman Carey are saying the same thing. 

Chairman Carey stated that technically they are not saying the same thing.  She stated having been through these things several times with staff, the direct motion for them to bring back both alternatives and see what the differences are in the impacts was her friendly amendment, to look at #3 and #3A both and bring back the facts to the Board for a final selection by the Board before they move into design. 

Commissioner Constantine stated that he wants there to be some acknowledgment that staff has brought forth #3A as their preferred alternative at this point.  If the Board wants to also look at #3, he understands that.  He wanted people to know that it was also because of Altamonte Springs and that Altamonte Springs was preferring the County do #3A.  He stressed that these are citizens of Seminole County, whether they live in Altamonte Springs or unincorporated Seminole County.  They are citizens and are paying sales tax.  He stated he, like Commissioner Horan, is worried about public safety as well as drainage.  He stated if the friendly amendment takes care of that, he is fine with the friendly amendment.  Commissioner Constantine and Commissioner Henley, the Seconder, agreed to the friendly amendment. 

Chairman Carey clarified that the amended motion is for the Wymore Road Safety Improvements project to be analyzed with Alternative Selections #3 and #3A and then brought back to Board before going into design.

Mr. Blackadar clarified that staff will have to do some level of design to get to that point; but before they move to the final, they will bring back the two designs that will include tree impacts, cost estimates, any other impacts, and maybe some additional utility impacts.  They will have the consultant bring that back to the Board on the regular agenda.  Upon inquiry by Commissioner Horan, Mr. Blackadar stated that should take four to six months. 

Commissioner Constantine requested that Mr. Blackadar let the Commissioners know when the public meetings will be held.  Mr. Blackadar stated they will not have any public meetings until after the Board makes a decision.  He stated they will move forward with the other things that will be incidental no matter what, like drainage analyses and surveys of the whole corridor.

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

CREATION OF CHAPTER 232 OF SEMINOLE COUNTY CODE

Agenda Item #48 – PH-2015-024

Proof of publication calling for a public hearing to consider creating Chapter 232 of the Seminole County Code concerning panhandling, begging and related activities to be applied and enforced in the unincorporated area of Seminole County, received and filed.

Bryant Applegate, County Attorney, addressed the Board to present the request as outlined in the Agenda Memorandum. 

Mr. Applegate stated there were some minor edits (copy received and filed) suggested in the Findings of Fact that don't change any of the intent of the Ordinance, which are on page 2 and 3.  He advised that, after talking to some of the homeless advocates last week and Dr. Jett who is here today, he did add the word "aggressively" before "panhandle" on page 7 to avoid any confusion.  Mr. Applegate noted the Ordinance has been reviewed by the Office of State Attorney and Counsel for the Sheriff's Office.

     Mr. Applegate stated that according to the Sheriff's Office, in Calendar Year 2014 more than 2,400 panhandling calls for service in both incorporated and unincorporated Seminole County were received as of December 19.  He pointed out that this Ordinance will be applicable in unincorporated Seminole County.  He added that of those calls, 1,036 were located primarily in the unincorporated areas of the County.  The economic impact statement states that aggressive panhandling is disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder.  The presence of individuals who solicit money from persons in places that are confined, difficult to avoid, or where a person might find it necessary to wait is especially troublesome because of the enhanced fear of crime.  The proposed Ordinance is intended to protect citizens from the disruption, fear and intimidation accompanying certain kinds of solicitation.  He stated he also wants to make clear that this Ordinance does not, in any way, prevent a person, homeless or not, from standing on public property peacefully and passively holding up a sign. 

No one spoke in support or in opposition.

Commissioner Dallari questioned whether someone standing at an intersection, like the Shriners or Firefighters, is allowed or not allowed.  Mr. Applegate stated it is allowed if they are on the right-of-way and holding up a boot or bucket and the person, whether in a car or a pedestrian, calls them over to make a donation; he would consider that a passive effort.  If they block traffic and that kind of thing, they would be getting into the aggressive nature of it. 

Mr. Applegate read the definition of "aggressive" as follows:  "Aggressive means and includes, but is not limited to, approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, the intentional blocking of pedestrian and vehicular traffic, the touching or causing physical contact with a solicited person without that person's consent or threatening to make such contact, the intentional blocking of the entrance to any building or vehicle." 

Motion by Commissioner Henley, seconded by Commissioner Constantine, to adopt Ordinance #2015-02 creating Chapter 232 of the Seminole County Code concerning panhandling, begging and related activities to be applied and enforced in the unincorporated area of Seminole County, as described in the proof of publication.

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

DISTRICT COMMISSIONERS’ REPORTS

     Motion by Commissioner Dallari, seconded by Commissioner Constantine, to reappoint Tom Minter, by Resolution #2015-R-12 to the Agriculture Advisory Committee for a two-year term; to reappoint Paul Zuromski and appoint Valada Flewellyn, by Resolution #2015-R-13 to the Historical Commission for a two-year term; and to appoint Mike Bass, by Resolution #2015-R-14 to the Board of Adjustment to finish out a four-year term ending January 1, 2017.

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

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     Commissioner Dallari reported that he received a letter (copy not received and filed) from their federal lobbyist regarding SunRail Phase 2 and the fact that it is in the presidential budget but there is a shortfall with all of the others who are competing for money as well.  He stated he sent the letter to the Commission Offices as well as to MetroPlan and FDOT.

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Motion by Commissioner Horan, seconded by Commissioner Dallari, to appoint Susie Dolan, by Resolution #2015-R-15 to the Parks & Preservation Advisory Committee to a three-year term commencing January 1, 2015 and ending on January 1, 2018; to adopt appropriate Resolution #2015-R-16 commending Robert Steenson for his service on the Parks & Preservation Advisory Committee; and to reappoint Ross Pagano, by Resolution #2015-R-17 to the Seminole County Industrial Development Authority for a four-year term commencing January 1, 2015 and ending on January 1, 2019.

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Commissioner Henley announced that the Customer Advisory Committee appointments were approved by the Central Florida Commuter Rail Commission last Friday.  They have asked the County to notify the two that were submitted from Seminole County, Howard Linderman and Leslie Bohnsack, that they have been officially appointed and they will be receiving information about the schedule.  With regard to the presentation from FDOT that was presented regarding an update on SunRail, Commissioner Henley distributed copies of “We’ve Been Working on the Railroad” (copy received and filed).  He urged the Commissioners to read the report because it covers information about the expanded service (both week days and weekends), information about the four diesel engines that FDOT owns along with the two coaches that presently have been in use in Miami, current information on the ridership updated by station, the parking lot count by station, information on the safety outreach effort that has been done, and the accident report by city. 

Commissioner Henley stated the report also covers incidents regarding SunRail, Amtrak and CSX.  It contains boarding information at each of the stations, the connectivity with LYNX and the ridership, and responses on surveys that have been taken of riders.  It contains information about Phase 2 and Phase 3 and the connection running over to Orlando International Airport (OIA) and connecting with their new intermodal center.  He noted that is a prime target of the Commission. 

Commissioner Henley explained the Rail Commission's rotation system calls for Seminole County to assume the chairmanship to be followed by the City of Orlando.  He stated he asked the Commission to defer Seminole County serving as chair for one year and to appoint Commissioner Buddy Dyer as chair because of the work he has been doing in trying to create support, both legislatively as well as downtown on that OIA connection.  Since Mayor Dyer is on the Commission as well as on the Expressway Authority, he felt the Mayor was in a better position to push that.  He stated he hopes the Board concurs with what he did.  Upon inquiry by Chairman Carey, Commissioner Henley confirmed that the rotation will stay in order and that Mayor Jacobs is the current chairman. 

 Chairman Carey questioned whether LYNX has made their appointment to MetroPlan.  Commissioner Henley stated that normally it is the chairman but since Osceola County only had one member when he was chairing, he asked that the Board appoint the representative from Osceola County so Osceola would have two members.  He noted that Mayor Jacobs and Mayor Dyer were also on there.  Commissioner Henley explained that they did not know at the time who Osceola County was going to appoint to the Board but he believes John Quinones is going to be their appointment but the Board has not done that yet.  Chairman Carey explained at the Central Florida Expressway Authority, Commissioner Hawkins from Osceola County was picked to represent the Central Florida Expressway Authority and that would give them another representative.  Commissioner Henley stated Viviana Janer came to the Commission meeting representing Osceola County but they have not had a letter notifying them that she is the official representative. 

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Chairman Carey reported that she attended the Orlando-Sanford International Airport meeting on December 16 where it was announced that the airport ranked 88th in the country for passenger satisfaction (top 16%) and that it ranked 6th in the Southeast region.  She described some of the economic opportunities that are being looked at by the airport and advised she will coordinate with the County Manager to have Larry Dale and Larry Goldthorpe from the airport come and give a presentation to the Board.

Commissioner Horan discussed an article regarding the CSX line from Sanford SunRail station to the Sanford airport. 

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With regard to the January 9 Central Florida Expressway meeting, Chairman Carey reported the right-of-way continues to be obtained for the Wekiva Parkway and noted that Seminole County will be the last leg of that.  They have appointed a committee to look for an executive director.   One of the major issues they are talking about, which will change the face of Florida altogether, is All Aboard Florida.  They will be acquiring additional right-of-way along SR 528 in order to accommodate future expansion needs of the Expressway Authority.

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Chairman Carey announced that on January 22 at 10:00 in the morning there will be a ribbon cutting for Sanford Riverwalk Phase II at the intersection of Mangoustine Avenue and Seminole Boulevard. 

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With regard to Martin Luther King, Jr. Day events, Chairman Carey stated on January 16 there will be the Oratorical Scholarship Contest and Poster Contest at 6:00 p.m. at the New Life Word Center Church.  On January 17 there will be a Commemorative Banquet at the Sanford Civic Center with tickets available through the city.  On January 18 there will be an Inter-Faith Religious Observance at the New Life Word Center Church.  On January 19 there will be a parade on Historic Goldsboro Boulevard and a Festival in Fort Mellon Park immediately following the parade.  Chairman Carey stated that she, along with Commissioner Constantine, will be receiving awards at the City of Longwood where a number of awards will be given in support of the Martin Luther King Leadership Awards.

Chairman Carey’s Ex Parte Communication was received and filed.

CHAIRMAN’S REPORT

Chairman Carey reminded the Board that they have an appointment to the Law Library.  She advised that Mark Reyes has been serving and his term has expired.  He has expressed an interest in continuing.  She explained there is another application from Aaron Hines and asked if the Commissioners would like to see both applications and then discuss it at the next meeting.  Commissioner Dallari remarked that he would like to see both applications.  Chairman Carey stated both applications will be distributed to the Commissioners' offices; and at the next meeting, she will be looking for someone to make a motion for the appointment.

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Chairman Carey stated that the Board has two appointments to the Animal Control Board, one for the Sheriff's Office and one as a veterinarian.  They have been trying to reach the veterinarian to confirm that he would be willing to serve.   She hopes by the next meeting they will have a commitment from the current veterinarian to continue his service.  She advised the Sheriff's Office has submitted Heather Smith for reappointment to a one-year term ending January 13, 2016.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to appoint Heather Smith, by Resolution #2015-R-18 to the Animal Control Board for a one-year term ending January 13, 2016.

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

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Chairman Carey discussed the upcoming Board of County Commission yearly meeting dates.

Motion by Commission Dallari, seconded by Commissioner Henley, to cancel the following Board of County Commission meeting dates:  May 26, 2015; July 14, 2015; November 24, 2015; and December 22, 2015.

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

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     Commissioner Horan announced that the City of Winter Springs is sponsoring the Scottish Highlands Games on January 17 and 18 at Central Winds Park.

COMMUNICATIONS AND/OR REPORTS

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

1.  Letter dated December 23, 2014 from Marva Johnson, Bright House Networks, to Commissioner Brenda Carey RE: upcoming changes to cable programming lineup.  (C:  Nicole Guillet, County Manager;  Matt Chesler, Cable Franchising Coordinator;  Michel Champagne, Bright House Networks.)

 

2.  Letter dated December 18, 2014 from Congressman John Mica to Chairman Bob Dallari RE: update on recent issues, projects and legislative actions important to veterans.

 

3.  Letter dated December 16, 2014 from D. Ray Eubanks, Plan Review and Processing Administrator of Florida Department of Economic Opportunity, to Chairman Brenda Carey RE: plan amendment No. 14-4ESR adopted by Ordinance No. 2014-46.  (C:  Andrew Landis, Regional Planner III, East Central FL RPC; Sheryl Stolzenberg, Principal Planner, Seminole County.)

 

4.  Copy of letter and disclosure dated December 17, 2014 from Michael Baldwin, Director, Citigroup Global Markets, Inc., to Chairman Brenda Carey RE: Seminole County Water and Sewer Refunding Revenue Bonds, Series 2015.  (C:  Seminole County; First Southwest; Nabors Giblin & Nickerson, PA; Stifel Nicolaus & Co., Inc.; Raymond James & Associates, Inc.)  Original document acknowledged with Chairman Brenda Carey’s signature and returned December 23, 2014.

 

5.  Copy of letter and disclosure dated December 16, 2014 from Margaret Lezcano, Managing Director, Stifel, Nicolaus & Company, Inc., to Chairman Brenda Carey RE:  Water and Sewer Refunding Revenue Bonds, Series 2015.  (C:  Nicole Guillet, County Manager; Bruce McMenemy, Deputy County Manager; Hon. Maryanne Morse, Clerk of Courts; Edward Bass, Director of Resource Management; A. Bryant Applegate, County Attorney; Arnold Schneider, Assistant County Attorney; Angela Singelton, Financial Administrator; Jenny Spencer, CPA, County Finance Director; Gary E. Akers, Financial Advisor, FirstSouthwest; John Stokes, Bond Counsel, Nabors, Giblin & Nickerson, P.A.; Michael Wiener, Disclosure Counsel, Holland & Knight LLP; Chauncey Lever, Jr., Underwriter’s Council, Foley & Lardner LLP; Michael Baldwin, Co-Manager, Citi; Jon Eichelberger, Co-Manager, Raymond James.)  Original document acknowledged with Chairman Brenda Carey’s signature and returned December 23, 2014.

 

6.  Copy of letter and disclosure dated December 1, 2014 from Jon Eichelberger, Raymond James & Associates, Inc., to Chairman Brenda Carey RE:  Seminole County Water and Sewer Refunding Revenue Bonds, Series 2015.  (C:  Seminole County; Citigroup; First Southwest; Nabors Giblin & Nickerson, PA; Stifel Nicolaus & Co., Inc.)  Original document acknowledged with Chairman Brenda Carey’s signature and returned December 23, 2014.

 

7.  Copy of letter and permit dated December 17, 2014 from Margaret Daniels, Bureau of Regulatory Support Chief, St. Johns River Water Management District, to Seminole BCC RE: Water Well Construction Permit 140351 located in Seminole County.  (C:  District Permit File; Contractor; Bill Adams; Wesley Curtis.)  Original document and permit to Bruce McMenemy, Deputy County Manager, for action as needed and file.

 

8.  Copy of letter and permit dated December 17, 2014 from Margaret Daniels, Bureau of Regulatory Support Chief, St. Johns River Water Management District, to Seminole BCC RE: Water Well Construction Permit 140352 located in Seminole County.  (C:  District Permit File; Contractor; Bill Adams; Wesley Curtis.)  Original document and permit to Bruce McMenemy, Deputy County Manager, for action as needed and file.

 

9.  Letter dated December 15, 2014 from Lori Griffith, Sr., Administrative Assistant, St. Johns River Water Management District, to Board of County Commissioners RE: 2015 Governing Board Meeting Schedule.

 

10.  Copy of letter dated December 11, 2014 from Chairman Brenda Carey to Ananth Prasad, Secretary, Florida Department of Transportation, RE: gratitude for his guidance and partnership during his tenure as Secretary.

 

11.  Letter dated December 9, 2014 from Henry Reyes and Nathaniel Johnson, J.P. Morgan Securities LLC, to Edward Bass, Resource Management Director, and Angela Singleton, Financial Administrator, RE: Proposal for Advance Refunding of Sales Tax Revenue Bonds, Series 2005A.  (C:  Chairman Brenda Carey; Gary Akers, First Southwest Company.)

 

12.  Letter dated December 24, 2014 from Larisa Perry, Wells Fargo, to Commissioner Brenda Carey RE: Wells Fargo’s Priority Markets grant initiative.

 

13.  Letter dated December 29, 2014 from Luis Rodriguez, FEMA, to Altamonte Springs Mayor Patricia Bates RE: Case No. 14-04-7250P, Community Name: City of Altamonte Springs, FL.  (C:  Chairman Bob Dallari, Seminole County Board of Commissioners; Chris Rader, City of Altamonte Springs; Robert M. Moon, DRMP Inc.; Robert R. Henderschedt, Adventist Health System/Sunbelt Healthcare Corp.)

 

14.  Letter with attachment dated December 29, 2014 from H. Jerry Alexandrowicz, President of The Springs Community Association, Inc. RE: notice of election and annual members’ meeting, including agenda.

 

15.  Letter with enclosures dated December 23, 2014 from Luis Rodriguez, FEMA, to Chairman Bob Dallari RE: Case No. 14-04-7277P, Community Name: Seminole County, FL.  (C:  Mayor John Maingot, City of Longwood; Anthony Coleman, Seminole County; Greg Teague, City of Longwood; Jim Bagley, Citicommunities, LLC; M. Scott Stearns, Dewberry; Robert Johnson, Dewberry.)

 

16.  Letter with enclosures dated December 23, 2014 from Luis Rodriguez, FEMA, to Longwood Mayor John Maingot RE: Case No. 14-04-7277P, Community Name: City of Longwood, FL.  (C: Chairman Bob Dallari; Greg Teague, City of Longwood; Anthony Coleman, Seminole County; Jim Bagley, Citicommunities, LLC; M. Scott Stearns, Dewberry; Robert Johnson, Dewberry.)

 

17.  Letter dated January 3, 2015 from Tige Watts, Neighborhoods, USA, to elected official RE: hosting the 42nd Annual Conference on Neighborhood Concerns in 2017.

 

18.  Letter dated December 31, 2014 from Congressman John Mica to Chairman Bob Dallari RE: an invitation to the District Office Open House Session on Saturday, January 10th.

 

COUNTY MANAGER’S REPORT

Update on “The Senator” Art Work

Agenda Item #49 – A-0327-15

     Chairman Carey stated that she knows there is an update on “The Senator” art work and requested that SGTV capture some of the art work that is on display in the Chambers.  She stated she would love to see a story on SGTV about the phenomenal art work.

     Ms. Guillet stated they just did a documentary on the legacy of “The Senator” which did feature some of the artists.  She suggested they might be able to do a supplement to that documentary.

     Joe Abel, Director of Leisure Services, addressed the Board to present a PowerPoint presentation (copy received and filed) entitled “Commemorating the Senator.”  Mr. Abel displayed and discussed the Legacy Piece Program.  With regard to Artisan Contracts, he listed the four artisans that were selected (Ole General Store, Chainsaw Designs, The Rambo Group, and Patty Pratt Productions) and discussed their contracts.  He noted they have received over 150 pieces back, and they have cataloged all of them.  He then referred the Board to some examples displayed in the BCC Chambers.  Copies of Photos of the Senator Art Pieces and Senator Art Inventory of Pieces received and filed.

     A short excerpt from the documentary "The Legacy of the Senator, a Tree Remembered" was played.  SGTV and the Natural Lands Program partnered to produce the documentary which began airing on November 29, 2014.  Mr. Abel directed the Board to the framed picture of "The Senator" that was created by Bob Hughes and Don Reynolds, who were both present.

     Mr. Abel continued his presentation and discussed Art Display & Distribution.  He advised that by the end of March, the County will have received all of the pieces of art work that have been commissioned.  He discussed his recommended proposals for the distribution of the pieces and requested that they wait until all of the pieces are received before they begin to distribute them; that they select pieces to be in a permanent exhibit as well as a traveling exhibit; that they create a list of the gifted pieces and then come back to the Board in April or May to seek approval on those pieces going to particular entities and any other entities that the Board would like; and that they retain all of the pieces and do a Memorial Exhibit during the summer. 

     Mr. Abel explained the Memorial Exhibit will be a large kickoff event with the artisans and the people that have been a part of the process throughout the last three years with the exhibit being on display for the summer.  At the end of the summer, they would like to have another reception to actually give pieces away to the people who the Board has decided should have them for display.  With regard to the gifted pieces, Mr. Abel explained they would like to have an agreement that says if someone decides they don't want a piece, it will come back to the County.  He wants to retain the pieces if someone no longer wants them. 

     Mr. Abel stated he believes that after they have given away all of the pieces that they have identified to give away and kept the pieces they want to keep for both the permanent exhibit and the traveling exhibit, they will have some pieces left over.  He believes the closing of the exhibit would be a great opportunity to perhaps have an auction for some of these pieces as a fundraiser with proceeds going towards all of the things they have done over the last three years associated with the project.  He concluded by recommending that any of the pieces the County retains for display be appraised and insured moving forward.  If they do an auction, that money could certainly go toward that process. 

     Commissioner Dallari stated he believes staff has done a good job and sees no reason to change the recommendation and would move forward to accept the recommendations as presented.

     Chairman Carey stated she is impressed by the work that has been done.  She stated if the Board decides to move forward with a reception at the end and ultimately have an auction, they should work with an auctioneer firm and make it a true live auction for people that could call in from across the world because they have had letters and comments about "The Senator" from all over the world.  She believes there is an interest in them being able to obtain some of the art.  She would like staff to think about how they will do that because they could fund the foundation to maintain this for many years to come.  With regard to Mr. Abel's recommendations, Chairman Carey stated she has a bit of concern about a traveling exhibit because of the sensitive nature of some these products. 

     Motion by Commissioner Dallari, seconded by Commissioner Constantine, to accept staff's recommendations as presented today and for staff to report back to the Board at a later date. 

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

     Bob Hughes, Artisan, addressed the Board to state he is very passionate about woodworking and being allowed to work with the world's oldest Cypress tree.  He stated there are people that have asked to help and have poured their passion into this. 

     Mr. Hughes stated they have softly proposed the idea of there being a museum out at the park that could be run by volunteers and opened for two or three days a week.  He suggested they have the vision and foresight off in the distance to pull some of these pieces back into a main exhibit again.  He stated one of the grand exhibits at the Seminole County Museum this summer will be on the floor where they will set up the physical size of “The Senator” in six different panels so someone can walk in and see how large the tree was.  That will be the last time those big pieces of “The Senator” will be all together unless the County puts in an agreement to pull the pieces back at some point in time.

     Commissioner Dallari stated he believes those are the details that they will work out at a later date.  He stated he believes Mr. Hughes' input is very valuable but wondered how you police this when you give someone a piece.  He added if they are not going to use it, it comes back or it doesn't come back.

     Commissioner Horan stated he has talked with people at United Arts and some of the arts organizations who have had some input as to how a traveling exhibit is constructed, how it is structured, the insurance that is involved, the procedures and all of those other things.  He noted, now that staff has been given that direction, in the coming months through the Historical Commission, Historical Society and some of his contacts through United Arts, they will be coming back with some specific recommendations concerning how all of this will be implemented. 

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:15 p.m., this same date.

 

 

 

ATTEST:______________________Clerk_____________________Chairman

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