BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 10, 2017
†††† The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, October 10, 2017, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Brenda Carey (District 5)
†††† Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
†††† Commissioner Carlton Henley (District 4)
†††† Deputy County Manager Bruce McMenemy
†††† County Attorney Bryant Applegate
†††† Deputy Clerk Kyla Spencer
†††† Reverend Wayne Thomas, GracePointe Church of the Nazarene, Lake Mary, gave the invocation.† Commissioner Carey led the Pledge of Allegiance.
The Business Spotlight video for The Goldfish Swim School was presented.
COUNTY MANAGERíS CONSENT AGENDA
†††† Bruce McMenemy, Deputy County Manager, announced staff is pulling Item #18 in regard to the Agreement for Lake Monroe Master Pump Station Relocation for further revision, and he advised it will be brought back at a later date.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to authorize and approve the following:
County Managerís Office
1.† Authorize the County Manager to implement the proposed policy for the granting of Administrative Leave to employees who are not eligible for overtime pay for their service associated with Hurricane Irma. †(2017-0349)
2.† Approve and authorize the Chairman to execute a pledge commitment to the Foundation for Seminole State College of Florida, Inc. in the amount of $150,000 for services provided through the Seminole State College Small Business Development Center located at the Port of Sanford. †(2017-0334)
3.† Approve and authorize the Chairman to execute the Florida Department of Health in Seminole County Integrated System of Care Agreement for Fiscal Year 2017-2018 in an amount not to exceed $75,000 to help implement a mobile health unit to extend services to impoverished communities in Seminole County. †(2017-0271)
4.† Approve and authorize the Chairman to execute The Health Council of East Central Florida Medical System of Care Agreement in the amount of $120,000 which provides outpatient medical health treatment services to uninsured and underinsured residents of Seminole County for either free or at a reduced-cost basis.† (2017-0267)
5.† Approve and authorize the Chairman to execute a renewal agreement with the Homeless Services Network of Central Florida for Emergency Solutions Grant (ESG) Funds in the amount of $104,016 to be used for Rapid Re-Housing for homeless households in Seminole County.† (2017-0342)
6.† Approve and authorize the Chairman to execute the Aspire Health Partners Homelessness Outreach Partnership Effort Agreement in the amount of $88,475 to provide outreach, engagement, assessment, and housing stabilization case management services for the Seminole County Homeless population.† (2017-0347)
7.† Approve and authorize the Chairman to execute the Aspire Health Partners, Inc. Transportation Program Agreement in the amount of $25,000 to help transport uninsured Seminole County residents for mental health services.† (2017-0269)
8.† Approve the recommended funding allocations to Catholic Charities, Christian Sharing Center, Early Learning Coalition, Impower, CFFHC/True Health, Kids House, Meals on Wheels, Recovery House, Safehouse, Boys & Girls Clubs, Inspire of Central Florida, Midway Safe Harbor, SC Bar Association Legal Aid Society, and Seniors First for Community Services Agency (CSA) Partnership Grant funds in the amount of $840,150 for Fiscal Year 2017-2018; and authorize the Chairman to execute the CSA Agreements upon agency execution.† (2017-0146)
9.† Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program Agreement between Seminole County and University of Florida Board of Trustees (Subrecipient) to provide housing counseling for first-time homebuyers and renters in the amount of $63,357.† (2017-0156)
10.† Approve and accept the Neighborhood Stabilization Program Snapshot/Report pursuant to Seminole County Resolution #2013-R-61.† (2017-0332)
11.† Approve and authorize the Chairman to execute the Local Government Verification of Contribution - Loan Form to provide for the local contribution in support of an application to the State of Florida for State Apartment Incentive Loan (SAIL) funds for the development of 67 affordable housing units in Seminole County.† The development of affordable rental housing is an identified strategy in Seminole Countyís Local Housing Assistance Plan (LHAP) for 2016-2019 and the contribution of these funds is consistent with the LHAP.† (2017-0335)
12.† Approve and authorize the Chairman to execute the Seminole County/MetroPlan Orlando (Urban Area Metropolitan Planning Organization Fiscal Year 2017-2018) Funding Agreement in the amount of $173,986.† (2017-0337)
13.† Approve submission of a grant application to the Florida Department of Economic Opportunity requesting $17,000,000 through the Florida Job Growth Infrastructure Grant Fund for construction of Oxford Place road project.† (2017-0336)
14.† Approve and authorize the Chairman to execute the Federally Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $161,719 for WebEOC software and training; and appropriate Resolution #2017-R-161 implementing the Budget Amendment Request (BAR) #18-001 through the Public Safety Grants Fund in the amount of $161,719 to establish funding. †(2017-0315)
15.† Approve and authorize the Chairman to execute the Federally Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $41,502 through the State Homeland Security Grant Program to assist with the purchase of hazardous materials detection equipment (Fire); and appropriate Resolution #2017-R-162 implementing the Budget Amendment Request (BAR) #18-002 through the Public Safety Grants (Federal) Fund in the amount of $41,502 to recognize grant funding and establish budget.† (2017-0324)
16.† Approve and accept a Grant Agreement with the United States Department of Justice in acceptance of $398,228 over a three-year period to provide enhancement to the Adult Drug Court program; execute appropriate Resolution #2017-R-163 implementing Budget Amendment Request (BAR) #18-003 through the Adult Drug Court Fund in the amount of $398,228 to establish funding; authorize the County Manager to execute all subrecipient agreements associated with this Grant Agreement; and approve the addition of one FTE personnel that will be grant-funded through this Agreement. (2017-0346)
Purchasing & Contracts Division
17.† Approve Work Order #1, Grace Lake and Myrtle Lake Watershed Management Model Update and Flood Reduction Alternative Development, under PS-0121-15/RTB, Subdivision Rehabilitation Program Consultant Services Agreement, with Singhofen & Associates, Inc. of Orlando, in the amount of $156,999.25; and authorize the Purchasing & Contracts Division to execute the Work Order. (2017-0339)
18.† Pulled from the Agenda request to award CC-1496-17/TAD Lake Monroe Master Pump Station Relocation in the amount of $821,740 to Danus Utilities, Inc. of New Smyrna Beach; and authorize the Purchasing & Contracts Division to execute the Agreement.† (2017-0338)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERSí CONSENT AGENDA
Clerk & Comptrollerís Office
Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize and approve the following:
19.† Approve Expenditure Approval Lists dated September 13 and 19, 2017; and Payroll Approval Lists dated September 2 and 21, 2017; and the BCC Official Minutes dated August 22, 2017; Clerk and Comptroller's "Received and Filed" is for information only. (2017-0344)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptrollerís ďReceived and FiledĒ:
1.† Executive Order #2017-22 declaring a Local State of Emergency posed by Hurricane Irma.
2.† Florida Public Service Commission Consummating Order #PSC-2017-0351-CO-EQ approving Duke Energyís amended standard offer contract and amended interconnection agreement; Docket #20170072-EQ, issued September 18, 2017.
3.† Florida Public Service Commission Consummating Order #PSC-2017-0359-PAA-EI approving Florida Power & Light Companyís new depreciation class and rate for energy storage equipment; Docket #20170097-EI, issued September 20, 2017.
4.† Escheatment Tax Deed for Parcels #35-19-30-5AJ-0B00-0280; 35-19-30-5AJ-0D00-0570; 32-19-31-503-0000-0040; 32-19-31-513-0000-0120; and 33-19-31-507-0000-0470.
5.† Maintenance Bond #268010118 for Water and Sewer facilities in the amount of $43,750.67 for the project known as Brookmore Estates Ph 1.
6.† Bill of Sale accepting Water and Sewer systems for the project known as Brookmore Estates Ph 1; Pulte Home Corporation.
7.† First Amendment to SHIP Subrecipient Agreement with Merritt Street Housing, LP; Restrictive Use Covenant; and First Amendment to SHIP Program Mortgage Deed, as approved by the BCC on December 8, 2015.
8.† Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with Concept Development, Inc. for the project known as CRS-Oviedo.
9.† Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with K. Hounanian Cambridge Homes LLC for the project known as Lake Florence Preserve.
10.† Work Order #5 to RFP-0532-15 with Connect Consulting, Inc.
11.† Work Orders #15 and #16 to CC-0559-15 with Southland Construction, Inc.
12.† Amendment #1 to Work Order #1 to RFP-0672-15 with The Colinas Group, Inc.
13.† Amendment #1 to Work Order #2 to RFP-0672-15 with The Colinas Group, Inc.
14.† Amendment #10 to Work Order #32 to PS-5190-05 with CH2M Hill Engineers, Inc.
15.† Amendment #3 to Work Order #33 to PS-5190-05 with CH2M Hill Engineers, Inc.
16.† Change Order #1 to CC-1291-17 with Tyrell Enterprises.
17.† Third Amendment to Term Contract IFB-602510-16 with Caraway Concrete Construction, Inc.
18.† Amendment #1 to Work Order #12 to PS-6658-11 with S2L, Inc.
19.† Work Order #31 to PS-7643-12 with Southeastern Surveying and Mapping Corp.
20.† Work Order #78 to PS-8148-12 with Keith & Schnars, P.A.
21.† Work Order #61 to RFP-8312-12 with Chief Inspection Services.
22.† Change Order #3 to Work Order #28 to CC-9192-13 with Corinthian Builders, Inc.
23.† Change Order #1 to Work Order #30 to CC-9192-13 with Corinthian Builders, Inc.
24.† Amendment #1 to Work Order #6 to RFP-9601-14 with Revere Controls Systems, Inc.
25.† Lake Howell Reserve AKA Hawkís Crest Phase 1 DCA #17-20500004, Reserve at Lake Howell Property Owner Association, Inc.
26.† Bid as follows:
†††† CC-1342-17 from Corinthian Builders, Inc.; BSE Construction Group; Linton Enterprises, Inc.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve the following:
20.† Approve the expenditure of $50,000 from the Law Enforcement Trust Fund to provide for a contribution to the Kids House of Seminole, Inc. †(2017-0350)
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #21 Ė 2017-0290
†††† Mary Robinson, Planning & Development, addressed the Board and presented a request to consider a Special Event Permit for the Festival del Bacalaito on November 11 to November 12, 2017, located at 440 Hickman Drive, Sanford, as outlined in the Agenda Memorandum.
†††† Commissioner Constantine stated last year was the first year for this event and asked the Applicant how it went.† Alex Torres, Applicant, addressed the Board and answered it was surprisingly good with an estimated attendance of 1,500 to 1,700.† Mr. Torres indicated this year they will be collecting food and other needed products for Puerto Rico due to the devastation of Hurricane Irma and Hurricane Maria.† They will also donate at least 40% of the proceeds from the event to Puerto Rico.† Commissioner Dallari asked for this event to be promoted on the Countyís website.† Commissioner Carey added there are things that the Countyís team is involved in and supports, so those efforts should be on the website as well.† Chairman Horan asked Jon Sellers, Chief Information Officer, if there is a way staff can batch that on the website, and he responded in the affirmative.† †Commissioner Carey suggested the special events could be on the calendar on the website.
†††† Commissioner Carey stated last year there was a big sign by the interstate on the property Mr. Torres leases to have the event, and that sign is still there from last year.† She advised at the end of the event this year, the sign needs to come down.† Mr. Torres responded he will take it down the week after the event.† †
†††† Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a Special Event Permit for the Festival del Bacalaito on November 11 to November 12, 2017, located at 440 Hickman Drive, Sanford; Alex Torres, Applicant.
†††† Districts 1, 2, 3, 4 and 5 voted AYE.
†††† Chairman Horan announced there is a work session today on the Intelligent Transportation System Master Plan convening in Room 3024 at 10:00 a.m.
Chairman Horan recessed the meeting at 9:52 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Commissioner Constantine entering late) who were present at the Opening Session.
PROOFS OF PUBLICATION
†††† Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
†††† Districts 1, 2, 4 and 5 voted AYE.
†††† Commissioner Constantine re-entered the meeting at this time.
6625 S. U.S. HIGHWAY 17-92
Agenda Item #22 Ė 2017-0256
†††† Continuation of a public hearing from September 26, 2017, to consider adoption of a Resolution issuing an Order to declare the existence of a Public Nuisance at 6625 S. U.S. Highway 17-92, Fern Park; to require corrective action by November 9, 2017; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner, as described in the proof of publication.
†††† Liz Parkhurst, Building Division, addressed the Board and reviewed the Item as outlined in the Agenda Memorandum.
†††† Robert Hoogland, 397 Wekiva Springs Road, addressed the Board and stated he is the attorney for Best Way Investments, Inc. and introduced his client Ricardo Padron, 538 Queens Mirror Circle.† Mr. Hoogland stated he has dealt with Mr. Pontillo, who is the mortgage holder of the property, and Mr. Padron has given Mr. Pontillo authority to act on his behalf.† Mr. Pontillo is making arrangements to clean up the property, but he has had difficulty getting a dumpster and fencing due to a shortage in materials caused by Hurricane Irma.† Mr. Hoogland believes a dumpster will be delivered today and there should be a contract by the end of the week.† Mr. Padron has done some work on the property to try to clean it up, but without a dumpster it has been a little difficult, so they are asking for more time for Mr. Pontillo to be able to hire contractors and get the property secured.
†††† Commissioner Carey explained the recommendation from staff is that it requires corrective action by November 9th, which is a month from now.† She asked if November 9th is adequate time since he has a dumpster coming and a contract coming.† Mr. Hoogland answered, as far as securing the property, yes; but to get it completely cleaned up and back up to speed, they are looking at three to four months to rehab the property.† Mr. Hoogland indicated there is a document (received and filed) that gives the Sheriff the authority to go into the property and take whatever actions necessary to get rid of vagrants and secure the property.† Discussion ensued regarding the document Mr. Hoogland is referring to.† Commissioner Carey stated she has an email from Mr. Pontillo as part of her ex parte communication (received and filed), and read the email aloud, which lists the reasons for the delay in fixing the property.
†††† Mr. Hoogland stated there shouldnít be any issue having it secured by November 9th.† Chairman Horan indicated the property was supposed to be secured by this meeting, and Mr. Hoogland responded he hadnít planned on a shortage of materials and labor.† Mr. Padron addressed the Board and stated he tried to do his best to clean the property.† He has already cut all of the trees and the grass, and he is just waiting for the dumpster which should arrive today.† Mr. Pontillo told him he is going to purchase all of the material that Mr. Padron needs to secure the building; but in order to do that, it needs to be cleaned first.
†††† With regard to public participation, no one in the audience spoke in support or in opposition to Item #22 and public input was closed.
†††† Jodi Doyle, Building Division Manager, addressed the Board and stated staff did a site inspection this morning.† The inspector, Tom Helle, did note that someone was already inside of the unit.† There were some site visits between the last meeting and this meeting, and they did cut down the vegetation on the site; but none of the buildings are actually secured with boards or anything except for the rear of the back building.† Ms. Doyle reiterated there was someone already inside of the back unit.† She clarified it was somebody who was not supposed to be inside the unit and added from a safety standpoint, she wanted the Board to be aware of that. ††
†††† Commissioner Henley stated this issue goes back to the July 25th meeting.† Ever since then, all the Board has had is requests for delays and promises which have not been met.† He is not confident that they are going to be able to make all of the necessary repairs and cleanups and secure the property by November 9th, but they still have some time to do so.
†††† Motion by Commissioner Henley, seconded by Commissioner Carey to adopt appropriate Resolution #2017-R-164 issuing an Order to declare the existence of a Public Nuisance at 6625 S. U.S. Highway 17-92, Fern Park; to require corrective action by November 9, 2017; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner, as described in the proof of publication.
†††† Commissioner Carey stressed the importance of getting the building secured.
†††† Districts 1, 2, 3, 4 and 5 voted AYE.
EDUCATIONAL SYSTEM IMPACT FEES MORATORIUM
EXTENSION AND LAND DEVELOPMENT CODE AMENDMENT
Agenda Item #23 Ė 2017-0330
†††† Proof of publication calling for a public hearing to consider an Ordinance extending and imposing a moratorium established by Ordinance #2017-27 on the acceptance of applications for calculations of an alternative educational system impact fee for an additional sixty-five (65) days from October 11, 2017, to December 15, 2017; and amending Section 105.24 of the Seminole County Land Development Code allowing for payment under protest during the time of the moratorium, received and filed.
†††† Paul Chipok, Assistant County Attorney, addressed the Board and stated the impact fee Ordinance is in the process of being amended upon recommendations from the School Board.† That is not the issue before the Board.† Mr. Chipok explained during the interim of the Ordinance being adopted, there was a recommendation and an adoption of the moratorium Ordinance to not allow alternative impact fee studies to be submitted and considered during the pendency of the changes to the main Ordinance.† That is set to expire in a few days, so this item is a request for an extension from October 11th to December 15th, 2017, upon the same terms as the original moratorium.
†††† Chairman Horan stated the School Board is taking some action today and asked Mr. Chipok if he was aware of what that action is. †Mr. Chipok answered under Section 105.50 of the Land Development Code, the School Board is designated to be the Technical Advisory Committee for impact fee Ordinance updates for the education impact fees.† They are acting in that capacity today to prepare and vote on a Resolution to present to the Board for the exact amendments that they are requesting.
†††† With regard to public participation, no one in the audience spoke in support or in opposition to Item #23 and public input was closed.
†††† Commissioner Carey stated one thing that was not in her package was the minutes from the P&Z meeting.† She asked what the recommendation of P&Z was.† Mr. Chipok answered it was considered, and they moved it forward along to the Board with an affirmative recommendation.† Commissioner Carey noted it is her understanding that the School Board is meeting with Tindale Oliver, who is the company who did the original analysis, and that is what is being presented to the School Board today.
†††† Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt Ordinance #2017-39 extending and imposing a moratorium established by Ordinance #2017-27 on the acceptance of applications for calculations of an alternative educational system impact fee for an additional sixty-five (65) days from October 11, 2017, to December 15, 2017; and amending Section 105.24 of the Seminole County Land Development Code allowing for payment under protest during the time of the moratorium, as described in the proof of publication.
†††† †Districts 1, 2, 3, 4 and 5 voted AYE.
†††† Meloney Lung, Assistant County Manager, addressed the Board and presented a packet entitled 2018 State Legislative Priorities for Seminole County (received and filed).† She stated she is here today seeking the Boardís approval of the 2018 State and Federal priorities.† At the September 19th meeting, the Board provided Ms. Lung with feedback; and she has compiled the list as the Board has requested.† She noted in the packet it lists the Stateís three priorities and the Federalís two or three priorities as well as a list of endeavors the County will be supporting.
†††† Upon inquiry by Chairman Horan, Ms. Lung stated she feels the points the Board brought up in prior meetings have been specifically addressed in the legislative updates.† In regard to support for adequate emergency funding for shelters, nursing homes, assisted-living facilities and group homes for emergency preparedness, Commissioner Carey stated those facilities need to be raised up on the priority list for restoration of electrical service.† She discussed capacity at nursing homes and assisted-living facilities. †Ms. Lung responded she will be happy to do that and work with Emergency Management.† Her understanding is every year Emergency Management sets the priorities of what should come on, and staff will make sure those facilities are a priority.† Commissioner Carey reiterated some capacity issues, and Ms. Lung stated she will reword that support item.† Discussion ensued regarding provisional shelters.
†††† Commissioner Constantine discussed the rest areas in Longwood.† He asked if ďfunding of new rest areas in the region and the decommissioning of the twoĒ is the way they want to word their support.† He opined the real point is the decommissioning of the two, not necessarily funding for rest areas in the region.† Chairman Horan responded he would have no problem switching the clauses, and Commissioner Constantine suggested taking the first clause out.† Commissioner Constantine explained the plan of the MPO is to push the DOT to look at freight stops that are used as rest areas; therefore, the funding of the rest areas in the region is not really what their intent was.† Commissioner Carey stated she doesnít have an issue with changing the wording to decommission those, but because of the Federal rules there has to be a rest area along the interstate every so many miles; and until they relocate them along the interstate to meet that requirement, theyíre not going to be able to decommission the two.† Ms. Lung explained thatís why it was worded the way it was.† There has to be some new rest areas before the two in Longwood can be decommissioned.† Chairman Horan stated they need to emphasize the decommissioning as the first clause.† Ms. Lung replied she is happy to do that.
†††† Ms. Lung stated in regard to the letter in the packet from Speaker Corcoran, there is a new committee called the Select Committee on Hurricane Response and Preparedness.† Thereís quite a list of areas of policy they are going to be looking into.† Discussion ensued regarding the committee.† She reviewed the spreadsheet included in the packet of the five Home Rule Bills submitted as well as five that are focused on emergency response.† Ms. Lung expressed she is going to keep up with anything related strictly to their priorities or areas of support and give them to the Board as they come along.
†††† Chairman Horan stated in addition to the Legislative Session, they have the Constitutional Revision Commission that may come up with some Home Rule surprises of their own.† Commissioner Carey asked who is monitoring that to keep the Board in the loop, and Bryant Applegate, County Attorney, stated he is.† Commissioner Carey stated since Ms. Lung is the one that tracks the legislative stuff, that may be a good thing for her to track and keep the Board abreast.† Ms. Lung responded she would be happy to do that.† She has seen a couple of their suggestions so far, but they havenít given many yet.† Chairman Horan stated the deadline for public proposals was October 6th, but they had only met a couple of times and didnít have a quorum either time.† He doesnít know if they extended the time for public proposals due to Hurricane Irma, but there were very few proposals.† However, there is going to be some kind of movement by the Governor and Speaker for an amendment with regard to spending and a super vote with regard to spending at the State level.†
†††† Mr. Applegate stated he is on a committee for FACA (Florida Association of County Attorneys) and they formed a CRC (Constitution Revisions Committee) that is primarily more concerned about any issues impacting Home Rule authority.† The only proposals that are out there right now donít impact counties directly.
ITEMS FOR FUTURE AGENDA
†††† Nallan Chari, 1911 North Street, addressed the Board and submitted his comments (received and filed) to the Board regarding his backyard flooding due to stormwater retention pond overflow caused by Hurricane Irma.† He displayed pictures (received and filed) of the flooding.
†††† Jean Jreij, Public Works Director, addressed the Board and explained Dr. Chari is referring to a pond in his backyard that flooded due to the roadway flooding during the hurricane.† He discussed staffís efforts to pump the water and solve the issue.† Commissioner Dallari asked if this is part of the Grace Lake basin, and Mr. Jreij answered no.† He noted it is off Ronald Reagan Boulevard and North Street.†
†††† Commissioner Carey discussed the history of issues regarding the pond in Dr. Chariís backyard.† She confirmed with Dr. Chari that it is just his backyard that has flooded and not his home. †Commissioner Constantine stated he did visit Dr. Chariís backyard; and he has been told that Owen Reagan, Public Works, has been down there and will be continuing to monitor it.
†††† Commissioner Carey stated staff has been pumping out of the pond down toward DOTís pond.† She asked if this is interconnected with some of the drainage along the interstate.† Mr. Jreij answered the DOT pond across the street from Dr. Chariís pond is overflow to his pond. †Staff put some sandbags along the outfall in the area of the DOT pond to maximize the storage and has been pumping to it the last few weeks.† Commissioner Carey suggested working with DOT to provide some stormwater storage and possibly creating a lake on the Rolling Hills property.† Mr. Jreij indicated staff has put it on the list to look at that area as a flood area and see what can be done in the future.
†††† Sita Chari, 1911 North Street, addressed the Board and submitted her similar comments (received and filed) to the Board.
†††† Commissioner Dallari asked where the water gets routed to.† Mr. Jreij answered it is a truly closed basin so it doesnít get routed.† Chairman Horan discussed the history of the easement on the Chariís property.† He stated he doesnít understand how the DOT pond is related to this.† Mr. Jreij explained there is a DOT pond located to the west, and there is a road between Dr. Chariís pond and the DOT pond.† When the DOT pond fills to a certain elevation, the water overflows to Dr. Chariís pond.† After the hurricane, the DOT pond still has capacity, but Dr. Chariís pond is overflowed because of runoff in their development.† Staff got a permit to pump the water into the DOT pond and they were able to relieve the area.† Commissioner Carey discussed the history of Dr. Chariís pond and confirmed with Mr. Jreij that the DOT pond did not overflow to Dr. Chariís pond, it was just the volume of water coming through the subdivision and down the hill into the pond.† She suggested some kind of connection from Dr. Chariís pond to the DOT pond or a connection over to the Rolling Hills property for some relief for Dr. Chariís pond so they donít keep going through this in the future.†
†††† Chairman Horan stated he is not sure whether or not the DOT pond can be an element in the solution.† Commissioner Dallari expressed he thinks it is appropriate that they ask staff to look deeper into this.† Mr. Jreij replied there are a lot of flooded areas from the hurricane, but staff will be looking for a solution in that area.† Commissioner Dallari asked if he needs help from the Board to do that.† Mr. Jreij answered not at this time.† Commissioner Dallari inquired when Mr. Jreij would be able to report back to the Board.† Mr. Jreij responded hopefully when staff is freed up from responding to flooding and collecting data.† Commissioner Carey explained the county still has whole streets and communities under water and limited staff.† She added Mr. Reagan has been to Dr. Chariís property so staff is aware of it and they are working on it.†
†††† Chairman Horan stressed that the County is dealing with flooded areas countywide, so the Public Works Department is pretty overtaxed right now trying to balance everything out.† He assured the Chariís that staff is aware of the situation and will work diligently to see if they can alleviate it in such a way that they can get back to the enjoyment of their property.† Commissioner Carey requested Mr. Jreij keep the Board briefed on the issue.
†††† Commissioner Constantine reiterated the difficulty the County has with flooding issues countywide.† He wants to make sure that staff stays in touch with the Charis to see what they can do without making any specific promises.
†††† Dr. Chari stated the shortsightedness of the flow to the pond is the main problem because they never figured out how much water the pond can hold or for how long.† The DOT pond is not a solution because DOT ponds have their own capacities.† He opined staff canít pump his pond to DOTís pond because the DOT pond is already full, so whatever they pump will just go back to his pond.† He indicated he is going to do an analysis and present that to the Board next time.† Chairman Horan noted the DOT pond is not going to be a long-range solution, and staff is going to do the best they can.
†††† Karen Blaydes, 132 Lake Oaks Boulevard, addressed the Board and displayed pictures (received and filed) of her flooded home.† She explained the flooding was not caused by the hurricane, it was caused by a breach in DOTís retention pond along I-4.† The opposite side of I-4 is dry.† There used to be an area between the lanes of I-4 where the water used to drain through, but that has been filled in due to the Ultimate I-4 project, so now water has nowhere to drain except right into her property. †
†††† Ms. Blaydes discussed the flooding issue and how it relates to the DOT retention pond.† She noted DOT has built the breach up two or three times trying to contain the water and it is their mistake.† Ms. Blaydes stated the contractor for I-4 has told her it canít be pumped out until the water (which was contained in the original retention ponds along I-4) has settled and cleared, then they can begin to pump the water out of her property.† She discussed the financial and physical destruction due to the flooding.† Ms. Blaydes stated they need to find a solution and asked if there was anything the Board could do to help her.
†††† Commissioner Carey stated the County asked DOT to appear today and address this particular issue and they received a letter in response that they couldnít be here due to scheduling.† She indicated while it is a DOT issue, the County has reached out and said they would like to understand what happened.† Commissioner Constantine stated Ms. Blaydes needs DOTís attention.† He confirmed with Ms. Blaydes that she has contacted DOT but they have only given her a runaround.† He explained she needs someone that can influence DOT to listen to her.† Commissioner Constantine suggested Ms. Blaydes reach out to Representative Bob Cortes, who is vice chairman of the House Committee on Transportation, and represents the Altamonte Springs and Longwood areas.† Commissioner Carey asked staff to provide Ms. Blaydes with the appropriate contact information.
†††† Commissioner Dallari recommended Ms. Blaydes attend the MetroPlan Orlando meeting tomorrow morning.† He stated DOT will be there, and Commissioner Dallari plans on bringing up a similar subject.† Chairman Horan stated staff will get her information on where the MetroPlan meeting will be held tomorrow at 9:00 a.m.† Commissioner Dallari noted all of the DOT staff people that make decisions will be there.
†††† Roger Smith, 120 Colonial Lane, addressed the Board and stated he lives slightly to the northeast of the Blaydes.† He discussed his issues in connection with the flooding.† Mr. Smith indicated he has presented to DOT and received a claim number, and he has spoken to Secretary Angelico in District 5.† He was originally given a coldshoulder by the districtís General Counsel Office which prompted a call to Tallahassee.† He stated he still has not received any contact back from FEMA.† Mr. Smith expressed he is seeking any relief that may be done by the Commission.† Commissioner Carey confirmed with Mr. Smith that his home is also being impacted from the breach of the pond and the flooding is not storm related.† Mr. Smith discussed the configuration of retention ponds in the area.
†††† Commissioner Dallari explained Ultimate I-4 is a design-build project, so thereís no real set of plans because they are designing it as they are going and that is part of the issue. †Commissioner Carey suggested Mr. Smith show up to the MetroPlan Orlando meeting also.† †
†††† Lydia Levasseur, 121 Lake Oaks Boulveard, addressed the Board and noted she lives in the last house before the natural pond in the same flooding area as Ms. Blaydes and Mr. Smith.† She expressed her concerns regarding the flooding.† Chairman Horan confirmed with Ms. Levasseur that her property is contiguous to Mr. Smithís property and her house is being affected by the same breach in the DOT retention pond. †Chairman Horan asked if Ms. Levasseur has been in touch with DOT, and she answered she has.† She added DOT employees came by and looked at the issue as well as people from the County.† Ms. Levasseur indicated the most frustrating thing is not knowing who to talk to.† Chairman Horan replied it looks like this is basically a problem of the State and their operations.† He stated staff will do the same thing for her that they are doing for her neighbors, which is provide her with all of the appropriate contact information that she needs and suggested she attend the MetroPlan Orlando meeting also.† Chairman Horan discussed insurance that may be available for the damages.
†††† Ms. Levasseur discussed health concerns including mosquitos and sewage lines.† Chairman Horan stated staff has been spraying for mosquitos, but the Health Department needs to take a look at the affected houses.† He asked staff to get the department representative to do that.† Commissioner Carey indicated they need to make sure this is on everybodyís radar screen and DOT needs to address their situation.† She added while the Board can assist through their connections, itís not a problem that they can solve because it is DOTís issue and their liability; but the Board can help make sure it has everybodyís attention.†
†††† William Hyde, 2379 Audley Street, addressed the Board and expressed his desire for life-education opportunities for senior citizens in the county. †He has spoken to the School Board and Seminole State College who has stated they donít have the budget for it.† He discussed the LIFE program at the University of Central Florida.† Mr. Hyde asked the Board to help coordinate with the School Board and Seminole State College to have something like the LIFE program available in the County.† † Commissioner Dallari stated he is not familiar with that program and asked Mr. Hyde if they are able to have it transferred to Seminole State College. †Mr. Hyde responded he doesnít know the answer, but he doesnít see any reason why Seminole State couldnít coordinate and have a parallel program because itís already done.† Commissioner Dallari indicated he would be happy to work with Mr. Hyde to inquire at UCF and Seminole State to try to make that program happen.† Commissioner Constantine pointed out UCFís service area includes Seminole County, so Mr. Hyde is available to use any of those things at UCF.† He stated the Board approved a senior center right across the street from UCF on Lockwood Boulevard that has senior programs.
†††† Commissioner Henley opined there may be more people who have Mr. Hydeís same interest.† He discussed the history of Seminole State Collegeís large enrollment in their adult education program.† Commissioner Carey stated the county has a number of senior centers, and she remembers when the County had senior programming and training at the libraries.† She indicated if they are not doing those programs for seniors at the libraries, staff needs to look at that.† If they are doing it, they need to get a list of the programs to Mr. Hyde, post it on the Countyís website and post it in the libraries.
†††† Chairman Horan asked if the County has a Senior Advisory Board.† Commissioner Dallari said the County does have one, but there is a bigger one for Central Florida.† Commissioner Carey stated the Countyís is the Committee on Aging and they address all senior needs and those types of things.† Chairman Horan stated they will take a look into Mr. Hydeís request and get some information together.
†††† Commissioner Carey and Commissioner Dallari submitted their ex parte communications (received and filed).
DISTRICT COMMISSIONERSí REPORTS
†††† Commissioner Dallari announced Mobility Week will be October 23rd to November 3rd, and there is a bicycle ride from the city of Casselberry down to Winter Park so people should be aware of that.
†††† Commissioner Dallari requested an update from Mr. Jreij on his conversation with DOT in reference to Grace Lake. †Mr. Jreij stated he met with DOT staff last week and they agreed that after the Countyís basin study, DOT staff and County staff will get together to work on a common solution for the flooding in that area.† Commissioner Dallari explained there is an item (Item #9B) at the MetroPlan Orlando meeting tomorrow where DOT is asking for approval of an emergency amendment to the Transportation Improvement Program (TIP), which would include $60.6 million for additional construction funds for the connection of I-4 and the Wekiva Parkway.† He stated that is a design-build project, and he is having issues with understanding how DOT will be addressing the outfall in that area.† Once the TIP is approved, DOT has the freedom to move forward with the project without consulting them because once they approve the TIP, it cannot come off the list.
†††† Commissioner Carey stated in her experience with design-build, it isnít necessarily on-the-fly.† It is being designed as itís being built, but somebody is approving those design plans prior to the construction.† The plans are public information, so if staff wanted to look at them, they could.† She discussed design-build projects at the Expressway Authority.† Commissioner Carey suggested staff needs to be proactive and reach out to DOT to ask to review the plans, and Mr. Jreij responded they do look at them.†
†††† Commissioner Dallari asked how to phrase a motion to ensure that staff is not just reviewing the plans but has input into the stormwater in the area.† Discussion ensued regarding phrasing a legally sufficient motion.† Mr. Applegate stated having that clause in the motion would not be a legal concern, but whether or not they could legally require it is a different story; but he thinks they will certainly agree to it.† Commissioner Carey asked at what point in the design they would want to see the design plans.† Mr. Jreij discussed the process of reviewing plans.
†††† Chairman Horan asked if the Ultimate I-4 is being built under a design-build project delivery method or a fast-track project delivery method.† Mr. Jreij answered Beyond the Ultimate is a design-build.† Chairman Horan stated if in fact they are doing a true design-build, the drawings should be at a sufficient completion for the County to have substantive input into their stormwater calculations and everything like that.† He asked if that is something staff is doing right now.† Mr. Jreij answered they do have access to the plan; but they do not go into details for the calculations, they just go over the concept.† He stated the new system may not be deficient, but to put it over what is existing is a concern; and Commissioner Dallari replied that is part of his concern.
†††† Commissioner Carey opined the Ultimate I-4 project is not impacting the Grace Lake issue at all because the boundaries of the construction are not impacting that.† Mr. Jreij clarified he is talking about Beyond the Ultimate.† Commissioner Carey replied that isnít even a funded project.† She stated Commissioner Dallari is talking about the Wekiva Parkway project where all of the ponds have been located and all of the preliminary engineering has been done.† She asked at what point does staff start to review it just to make sure it is all good.† Mr. Jreij answered at 30%.
†††† Chairman Horan stated to the extent that staff identifies something at whatever stage of the drawings that they are concerned about, Mr. Jreij needs to raise it to the level of the Board so they can be aware of it.† He added sometimes the Board can exert some pressure at an operational level that would solve some of the professional disagreements that may exist.† Mr. Jreij stated the Grace Lake basin is a concern and that is why staff has been meeting with the consultant and doing the study to make sure they have a solution.† Chairman Horan replied if they donít have a solution Mr. Jreij is happy with, he should come to the Board.
†††† Commissioner Dallari stated at the last meeting they talked about doing a Resolution about the rest stops, and he wants to make sure that in that Resolution they talk about the stormwater issue and how that needs to be addressed.† Commissioner Carey expressed they have done a Resolution.† She thinks they need to try to take action through their various abilities.† Commissioner Dallari replied he is asking for that Resolution to be updated to increase the verbiage so they are actually addressing the stormwater in that area.† Commissioner Carey suggested if they do another Resolution, they should just focus on the stormwater issue because that shouldnít be tied to the rest stops because the stormwater issue is a problem regardless of the rest stops.† Commissioner Dallari replied however they want to do it, as long as they are talking about the drainage in that area.† Chairman Horan directed the County Attorney to work on a Resolution that focuses on that and bring it to the Board at the next meeting.
†††† Commissioner Dallari stated the SunRail Customer Advisory Committee has had a couple of citizens that could no longer participate.† He asked the Board to put a list together for the next meeting so they can appoint two citizens to that committee.† The requirements are that they are a county resident and they need to have ridership of SunRail at least three times a week.†
†††† Commissioner Dallari announced he will only be attending the morning session of the October 24th meeting due to a conference he is attending in San Antonio.
†††† Commissioner Constantine announced last month the Florida Association of Counties (FAC) had a meeting.† They have changed their format to do guiding principles so that theyíre not doing new issues every particular time, then they go into some compatible issues for this coming year.† He opined it is a much better system.
†††† On the 4th, Commissioner Constantine was part of the Orlando Sentinelís Affordable Housing Summit as a speaker.† He noted there are many Sanford events coming up.† Also, on the 11th, he is the keynote speaker for the Florida Apartment Association at Disney.† He pointed out that the Central Florida Zoo Board meeting is on the 12th; but their Executive Director, Philip Flynn, has resigned.† Commissioner Constantine reminded that there is an MPO meeting tomorrow.† There is an MPO Alliance meeting on the 13th.† The 14th is UCFís homecoming.† The 15th is the Tunnel to Towers fundraiser in Altamonte Springs for first responders.† Commissioner Constantine is doing a panel for the Florida Springs Institute at the Orlando Science Center on the 18th.† From the 20th to the 22nd, St. Mary Magdalene is having their Fall Festival; and Annunciation Catholic Church is having theirs from the 13th through the 15th.† Commissioner Constantine stated he will not be at the October 24th meeting because he is attending a water summit.† On the 1st of November he will be at the Hurricane Preparedness Summit that is being done by the University of Central Florida.† He mentioned Lake Brantleyís Lake Watch program is going to have their 10th anniversary celebration on the 28th.† Commissioner Constantine stated he believes on November 14th they will have the first installation of honoring veterans.
†††† Commissioner Carey stated it sounds like at the October 24th meeting in the afternoon, thereís only going to be three Commissioners available to be present; so hopefully those three can all be present so there can be a quorum.††
†††† No report.
†††† Commissioner Carey announced tonight is the Seminole County Annual Farm Bureau dinner.† She opined people forget that the county has a lot of agriculture that goes on in the community.
†††† In regard to flooding, Commissioner Carey stated there is still a lot of flooding in her district.† Roads are flooded, people cannot get to their homes, there are pregnant mothers who canít get back to their houses.† She thanked Jimmie Beach, Public Works, and his team for going out there on a daily basis to keep an eye on it.† She stated there isnít much they can do, but they are doing everything they can.
†††† Commissioner Carey discussed a depression on the new section of SR 429 near the Independence Plaza.† She noted the southbound lanes of SR 429 near the depression will close today and traffic will be rerouted through the E-Pass cash lanes until the repairs are completed. †Commissioner Carey stated the previous toll suspensions were costly for all of the toll agencies and State agencies, but the suspension of the tolls impacted the Central Florida Expressway Authority (CFX) by about $18.7 million.† She will receive a full report regarding that issue on Thursday at the CFX board meeting.† Commissioner Carey stated for all of the people that use E-Pass, CFX has expanded their payment options.† She discussed new e-passes, a new app that they have been testing, and additional toll lanes.
†††† Chairman Horan stated in regard to the Tourist Development Council, staff advised him that the although the seat that is open expires on January 1, 2018, since the positions on TDC do not migrate from commissioner to commissioner, Mary Sue Weinaug could be appointed to serve a four-year term through January 1, 2022.
†††† Motion by Commissioner Carey, seconded by Commissioner Dallari, to appoint Mary Sue Weinaug to the Tourism Development Council for a four-year term beginning January 1, 2018, and expiring January 1, 2022.
†††† Districts 1, 2, 3, 4 and 5 voted AYE.
†††† Chairman Horan stated he passed along to the Board the new format that FAC is using on their policy statements dealing with guiding principles rather than specific legislative initiatives.† He indicated the Legislative Policy Conference is going to be in mid-November and asked the Board members to let him know if they have any comments.
†††† Chairman Horan announced the Commission on Homelessness will seek recommendations on legislative priorities tomorrow and it is largely because of an excellent statewide report on affordable housing and homelessness that was done by JPMorgan Chase.† He discussed affordable housing in Florida.† He stated a main priority that they would be reviewing tomorrow is making a meaningful and significant push on the Legislature to not ďsweepĒ needed funds.† Chairman Horan explained the local legislative delegation is going to be proposing some legislation that will allow local governments to do their own incentives for affordable housing that will coordinate and leverage funds.† †† Commissioner Carey asked if that will include participation in inclusionary zoning. †Chairman Horan answered he hasnít seen the bill yet, but he thinks that is a great suggestion.† Commissioner Carey explained they could take that up as developments come through because thereís nothing that would stop the County from doing it.† She suggested they could have a work session regarding the issue.† Discussion ensued regarding inclusionary zoning.† Mr. Applegate stated the County can do a lot of things and suggested they could refer to it more as workforce housing.† He explained because of the design, you can have a development that has different levels of homes, but they all look the same.† Commissioner Carey stated the developers would be building the affordable housing mixed into the communities, and the County would help to provide the backfill of the families that can move into them.
†††† Chairman Horan stated he had a conference last week with the Tax Collectorís general council and new Chief of Staff.† They discussed a number of things, but one thing that came up was a deal that was being discussed between the Tax Collector and Airbnb. †Chairman Horan indicated they discussed certain issues concerning that deal as to whether or not those discussions should actually occur between the County and Airbnb, who the appropriate party is, who should be a signatory, and who should be negotiating it.† He stated he received some documents concerning those issues and he forwarded those documents to the Board and the County Attorney.† Mr. Applegate indicated he will brief the Board individually on some of those issues.
†††† The Board commended Valmarie Turner, Community Services, for all of her work with the County and wished her the best in Loudoun County, Virginia.
COUNTY ATTORNEYíS REPORT
†††† Mr. Applegate stated he sent an email to the Board regarding the ethics training.† They are targeting December 5, which is the first Tuesday in December.† He expressed if that date works for the Board, his office will go ahead and post it and send out the notices to the different officials.† Commissioner Carey stated she wants to make sure they include all of the boards and agencies where the Commissioners serve because they have requirements there too for ethics training.
†††† There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:39 p.m., this same date.