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.
-------
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.
-------
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.
-----
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.
-------
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.
-------
Chairman Carey recessed the meeting
at 10:43 a.m., reconvening at 10:50 a.m.
-------
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.
-------
Chairman Carey advised that the Health
& Wellness Plan Design Update work session is scheduled in Conference Room
3024.
-------
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
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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