BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 25, 2016
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
25, 2016, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
John Horan (District 2)
Vice
Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Court and Comptroller Maryanne
Morse
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Victor Montalvo gave the Invocation
and Commissioner Constantine led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for The Town House was presented.
AWARDS & PRESENTATIONS
Item
#1 – 2016-452
The
Resolution recognizing Sheriff Donald F. Eslinger for 38 years of service was
presented immediately after the Consent Agenda vote.
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Item #2 – 2016-434
Motion by Commissioner Horan, seconded by Commissioner Henley , to adopt appropriate Resolution #2016-R-167 recognizing
James E.C. Perry, Justice of the Florida Supreme Court, for his outstanding
service to his country, state, and Seminole County.
Districts 1, 2, 3, 4
and 5 voted AYE.
Supreme Court Justice
Perry addressed the Board to express his appreciation.
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Item
#3 – 2016-390
Motion by Commissioner Dallari, seconded by
Commissioner Carey, to adopt appropriate Resolution #2016-R-168 recognizing
Sharon Peters for 16 years of service and dedication to Seminole County and its
citizens.
Districts 1, 2, 3, 4
and 5 voted AYE.
Ms. Peters addressed
the Board to express her thanks.
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Item
#4 – 2016-460
Motion by Commissioner Constantine,
seconded by Commissioner Henley, to adopt appropriate Resolution #2016-R-169 recognizing
Mary Beth Lake, Shelter Supervisor with the Animal Services Division, for 22
years of service and dedication to Seminole County and its citizens.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
Lake addressed the Board to thank them for the recognition.
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Item
#5 – 2016-461
Motion by Commissioner Henley, seconded
by Commissioner Carey, to adopt appropriate Resolution #2016-R-170 recognizing
the following companies as award recipients at the Seminole County Regional
Chamber of Commerce Seminole Business Awards Luncheon on October 28, 2016, for
their capital investment and job creation within Seminole County: CFE Federal Credit Union; Hylant; JP Morgan
Chase; Next Horizon; Shepherd's Hope, Inc.; Swim Life, Inc.; and the Foundation
for Seminole County Public Schools.
Districts 1, 2, 3, 4
and 5 voted AYE.
State Representative
Jason Brodeur, President of the Seminole County Regional Chamber, addressed the
Board and thanked them on behalf of all the award recipients.
PUBLIC
PARTICIPATION
Consent
Agenda Item #8 – A-2828-16
Upon
Chairman Horan’s request, Ms. Guillet reviewed the background and summarized
the details of Item #8 regarding the Contract for Sale and Purchase of Land
between Seminole County and Rolling Hills Reserve,
LLC, for real property located in Sanlando Springs, known as the former Rolling
Hills Golf Course.
Commissioner Dallari asked Ms. Guillet when
she thought they would hear back from the State. She replied they hope to get a decision at
the meeting on November 17th with the Department of Environmental
Protection (DEP) as to whether they will get approval to transfer the
commitments from the Jetta Point property; however, at this time they are still
trying to get a quorum for that meeting.
He further asked who sits on the committee. Ms. Guillet advised they are gubernatorial
appointees and the person that chairs it is the Deputy Secretary of DEP. Commissioner Carey wondered if the public can
attend; whether it is a noticed meeting.
Ms. Guillet stated staff will double-check and get that information out
to the public. She added staff will be
attending the meeting with the DEP.
Kit
Bradshaw, 480 Raymond Avenue, addressed the Board in support of the item. She listed other properties that were bought
by the County that have increased in their worth. She said the Sports Complex cost a total of
$27 million but the chances of her or someone in her Rolling Hills neighborhood
going there to stroll around a baseball field are slim, but the chance of
thousands of people in the county using a passive park at Rolling Hills for
walking and enjoying nature is very high.
She added by agreeing to purchase the Rolling Hills property, they would
be preserving a very important piece of Seminole County history for their
children and grandchildren.
Ken
Holt, 127 Clover Lane, addressed the Board and stated he lives near Rolling
Hills. He talked about the trail system
adding he was a member of the Greenways and Trails Committee and also the Parks
and Recreation Committee for several years.
He bought inline skates and used the trails to lose weight after being
diagnosed with diabetes. He thanked the
Board for their foresight and maintenance of the County’s assets and
facilities.
The
names of Sandra Becker and Brenda Randall were announced; however, they chose
not to speak.
Don
Jacobs, 341 Nebraska Avenue, addressed the Board to ask Commissioner
Constantine regarding an email sent to all the residents of Rolling Hills. Chairman Horan explained they will address
all the issues during the item itself.
Betty
Sasser’s name was announced and she said she would wait to speak until she
heard what the Commissioners had to say.
Phil
Taylor, 344 Nebraska Avenue, addressed the Board to note that the people in
attendance represent a small percentage of the concerned citizens that live in
the Rolling Hills area and in Seminole County in general. He posed the following questions to the
County Manager: (1) whether this was an
arm’s length transaction, and (2) with 225 days to make the deal, what is the
problem.
Chris
Pederson, 1654 Jackson Street, addressed the Board on behalf of the Rolling
Hills Community Group. He explained they
are a non-profit that was formed about two and a half years ago to protect the
golf course and the green space. He
stated this negotiation process to turn the golf course into a park, he
believes, has evolved into a win for all of the key stakeholders involved
because they are all getting a good outcome.
The residents and the people in the community are getting their green
space protected; the State is getting a park that they can put their
restriction on; the owners/developers that purchased the property are getting a
profit because they are in business to make money and this happens all the time
where people buy property and flip it; and the County is resolving a conflict
and will be able to provide a park for residents of the county. He opined this is a good deal and his
community group supports this moving forward.
Ron
Semans’ name was announced and it was determined he was not in attendance.
Rachel
Nacion, 1205 Marla Avenue, addressed the Board to share a story about her young
son’s concern about the trees and the birds.
Harry
Carls, 431 Daytona Avenue, addressed the Board to congratulate the Commission,
County Attorney, County Manager, and staff because as a lawyer he has rarely
seen a purchase and sale agreement so favorable to the buyer. He explained they have contingencies based on
a professional real estate appraisal and based on the Jetta Park
transaction. He added there is a
feasibility period that gives the County an absolute right in its discretion to
terminate the contract if for any reason they don’t believe the purchase is
feasible.
Patricia
Burkett, 1821 Carlton Street, addressed the Board stating she has lived in the
Rolling Hills area for 54 years. She
advised she has worked on the Parks Advisory Board before there was a Parks
Department and also worked on the Natural Lands Committee. She asked the Board to help keep the County
natural on the neighborhood level as well as the county level.
Clarence
Lent, Jr., 1791 Adams Street, addressed the Board and stated there is
considerable concern among the residents that there is no public park existing
anywhere near the Rolling Hills area. He
urges, as this project moves forward, for the development of a “health walk,”
which would be very instrumental not only for recreation but for good health
preservation. He noted he hopes the
Board will find it possible to purchase the property and develop programs,
activities and facilities that will serve the County.
With
regard to public participation, no one else in the audience spoke in support or
in opposition to the Consent Agenda and public input was closed.
Speaker
Request Forms and Written Comment Forms were received and filed.
COUNTY
MANAGER’S CONSENT AGENDA
Commissioner
Henley requested that Item #8 regarding Rolling Hills be pulled for a separate
vote.
Commissioner
Henley submitted his ex parte communications into the record (received and
filed). He added he had brief
conversations with Mr. Phil Taylor, Ms. Ann Carr, and also Beth Kassab with the
Orlando Sentinel.
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Motion by
Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve
the following:
County Manager’s Office
Business
Office
6. Approve travel and mileage reimbursement to
Commissioner Carlton Henley for miscellaneous travel from April 2016 through
September 2016. (A-2824-16)
7. Approve travel and mileage reimbursement to
Commissioner Lee Constantine for miscellaneous travel from August 2016 through
September 2016. (A-2826-16)
8. Pulled for separate discussion.
9. Approve and authorize the Chairman to execute
the Federally-Funded Bridge Funding Subgrant Agreement for the 2016-2017
Community Services Block Grant (CSBG) Award between the State of Florida
Department of Economic Opportunity and Seminole County in the amount of $48,886
to alleviate the causes and conditions of poverty in low-income communities;
and to execute appropriate Resolution #2016-R-171 implementing Budget Amendment
Request (BAR) #17-008 to recognize grant funding and establish budget. (A-2814-16)
10. Approve request to accept the grant award from
the U.S. Department of Housing and Urban Development (HUD) for the Continuum of
Care/Shelter Plus Care Grant Program in the amount of $475,291; and authorize
the Chairman to execute the Continuum of Care Grant Agreement on behalf of the
County in accordance to Administrative Code Sections 1.10 and 22.20 D(1)d. (A-2823-16)
Community
Services
Community
Development Division
11. Approve and accept the Neighborhood
Stabilization Program Snapshot/Report pursuant to Seminole County Resolution #2013-R-61.
(A-2808-16)
Development
Services
Planning
& Development Division
12. Adopt appropriate Resolution #2016-R-172 vacating
and abandoning two (2) drainage easements, as recorded in the Public Record of
Seminole County, Book 1163, Pages 1646 & 1647 and Book 2048, Pages 1520
& 1521; Taurus CD 186 Balmy Beach FL LP, Applicant. (A-2809-16)
13. Adopt appropriate Resolution #2016-R-173 vacating
and abandoning a portion of the east five-foot Utility Easement of Lot 40,
Howell Estates Replat; as recorded in the Public Records of Seminole County,
Florida in Plat Book 18, Pages 47-48, more particularly known as 1035
Manchester Circle; George M. Rariden III, Applicant. (A-2608-16)
Public
Works
Traffic
Engineering Division
14. Approve and authorize the Chairman to execute
a Traffic Enforcement Agreement between Seminole County, the Seminole County
Sheriff's Office, and Cameron Grove Homeowners Association, Inc. (A-2768-16)
Resource
Management
Business
Office
15. Approve and authorize the Chairman to execute
appropriate Resolution #2016-R-174 implementing Budget Amendment Request (BAR)
#16-098 through the General Fund in the amount of $14,087 to appropriate the
Sheriff's Office share of the 2015/16 Florida Department of Law Enforcement's
Edward Byrne Memorial Justice Assistance Grant for the purchase of night-vision
goggles. (A-2812-16)
Budget
and Fiscal Management Division
16. Approve and authorize staff to submit a Grant
Application to the Florida Department of Environmental Protection, TMDL Water
Quality Restoration Grant Opportunity, in the amount of $250,000 to assist with
the Alton Drive Pond Retrofit, which is within the Bear Lake Chain of the
Wekiva Basin. (A-2827-16)
17. Approve and authorize the Chairman to execute
appropriate Resolution #2016-R-175 implementing Budget Amendment Request (BAR)
#16-097 through the 2001 Infrastructure Sales Tax Fund in the amount of
$6,251,487 to reduce funding for the Dean Road Widening Project (CIP#
00198106). (A-2791-16)
18. Approve and authorize the Chairman to execute
appropriate Resolution #2016-R-176 implementing Budget Amendment Request (BAR)
#17-005 through the Water and Sewer Operating Fund allocating $12,000 from
Contingency Reserves for the purchase of a response trailer for use in
emergency repairs. (A-2767-16)
19. Approve and authorize the Chairman to execute
appropriate Resolution #2016-R-177 implementing Budget Amendment Request (BAR)
#17-006 through the Public Works Grant Fund in the amount of $2,000,000 to
recognize grant funding for the Design Services of the Oxford Road
Reconstruction and Extension Project; FPN #439456-1-34-01. (A-2782-16)
Purchasing
& Contracts Division
20. Approve Amendment #3 to M-600514-08/TLR, Agreement
for Federal Legislative and Governmental Liaison Services, with Alcalde &
Fay, Arlington, VA, in the amount of $72,000; and authorize the Purchasing
& Contracts Division to execute the Amendment. (A-2785-16)
21. Award CC-1005-16/RTB, Staging Area Improvement
at the Osceola Road Landfill, to P&S Paving, Inc. of Daytona Beach, in the
amount of $292,358.38; and authorize the Purchasing & Contracts Division to
execute the Agreement. (A-2786-16)
22. Approve Amendment #2 to RFP-601420-12/BJC, EMS
Billing and Collections Services, with Advanced Data Processing, Inc. d/b/a
Intermedix, Fort Lauderdale; and execute appropriate Resolution #2016-R-178 implementing
the Budget Amendment Request (BAR) #17-004 through the Fire Protection Fund in
the amount of $237,000, to recognize Medicaid reimbursement and establish
budget. (A-2770-16)
23. Award RFP-602659-16/BJC, Purchase of Library Materials
and Related Services, to Baker & Taylor LLC, Charlotte, NC; and authorize
the Purchasing & Contracts Division to execute the documents. The estimated
annual usage is $500,000. (A-2783-16)
24. Award IFB-602634-16/TLR, Term Contract for
Parks & Recreation Court Resurfacing, to Court Surfaces of Florida LLC,
Green Cove Springs, in the amount of $206,779; and authorize the Purchasing &
Contracts Division to execute the Agreement. (A-2739-16)
25. Award CC-0892-16/AEH, Howell Creek at Red Bug
Lake Road Improvements, Segment 1, in the amount of $1,302,516.27, to PAC Comm,
Inc. of Miami; and authorize the Purchasing & Contracts Division to execute
the Agreement. (A-2656-16)
Districts
1, 2, 3, 4 and 5 voted AYE.
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Item #8 – A-2828-16
Commissioner
Henley advised that he will not be voting on this item based upon the advice of
counsel because he owns his home in the Rolling Hills neighborhood. He did explain that he has been in support of
this purchase since the beginning and has not changed his position.
Commissioner
Constantine voiced his support of the purchase of the Rolling Hills golf course
property and noted he has attended every meeting involving same. He explained for those that had questioned
him during the public participation portion of today’s meeting his concern
about the purchase price being too high and his desire to save the taxpayers of
Seminole County money.
Chairman Horan asked
the County Attorney to address some of Commissioner Constantine’s
opinions. County Attorney Bryant
Applegate advised that his legal opinion is that it is clearly an arm’s length
transaction; neither party was under duress; and the negotiations were open and
fair. He noted his staff drafted a very
good contract in favor of the County.
Chairman Horan pointed out there is a 180-day period in which they have
a number of contingencies where the County can back out and there is also a
45-day closing period. He added he
understands there is also no deposit required.
Commissioner Carey
noted they have golf courses all over the county that are in trouble and are
letting the grass grow which is why they changed the Ordinance to address it countywide. She pointed out she does not support trying
to bail out golf courses; however, this is a unique situation because of the
Jetta Point opportunity to unwind that and take a piece of property on the busy
intersection of SR 417 and SR 434 and build it for an office or commercial
application, which is what it should be, not a park, and then be able to put a
park in a community where they could use a park. She further stated that the County does not
need to buy the Rolling Hills real estate unless they choose to do so and they
are only going to buy this if they can unwind the Jetta Park deal, which is
what the contract states. She said she
has supported this project from the very beginning.
Commissioner Carey
submitted ex parte communications into the record (received and filed).
Motion by Commissioner Carey, seconded by
Commissioner Dallari, to approve and authorize the Chairman to execute the
Contract for Sale and Purchase of Land between Seminole County and Rolling
Hills Reserve, LLC, for real property located in Sanlando Springs, known as the
former Rolling Hills Golf Course, identified as Tax Parcel ID
#01-21-29-5CK-2500-0000 and #01-21-29-5CK-140C-0120.
Commissioner Dallari
submitted his ex parte communications into the record (received and
filed).
Under discussion,
Commissioner Dallari opined the Rolling Hills area is in need of a park and it
is the right thing to do. He
complimented staff for doing a phenomenal job in negotiating the price and
contract. He added in looking at how
much they could sell Jetta Point for, they will net in the positive. The asking price is $3.9M, the State’s grant
is $1.7M, leaving $2.2M; and if they sell Jetta Point at the appraised value,
they will actually net $1.5M.
Commissioner Henley
commended the residents for always staying calm and cooperative; they elected
people to represent them in order to get this done right.
Ms. Guillet expressed
that they have been working on this for about a year and a half and every
Commissioner has been supportive of the effort from the beginning to try and
find a way to transfer the commitments from Jetta Point to Rolling Hills. They have had tremendous support from the
Board on a staff level.
Commissioner
Constantine submitted his ex parte communications into the record (received and
filed). He remarked that he has always
been 100% in support of this and believes strongly they will be able to work
with the DEP to take care of this.
Districts 1, 2, 3 and 5
voted AYE.
Commissioner Henley abstained
from voting and filed a Memorandum of Voting Conflict form (received and
filed).
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Item #1 – 2016-452
Motion by Commissioner Carey, seconded by
Commissioner Dallari, to adopt appropriate Resolution #2016-R-166 recognizing
Donald F. Eslinger, Sheriff of Seminole County, for 38 years of distinguished
service to the citizens of Seminole County.
Districts 1, 2, 3, 4
and 5 voted AYE.
Sheriff Eslinger
addressed the Board to express his gratitude.
He stated the real credit belongs to the men and women of their
organization who are brave, dedicated and committed professionals and have
sacrificed so much to serve the citizens.
He is humbled and appreciates the relationship the Sheriff’s Office has
had with the community, the Commissioners and the County over the years, and
thanked them for their unwavering support.
He added the Board has been the foundation of all of their efforts
because without their support, their strategies, vision, initiatives and
programs would not have been realized.
He then acknowledged his wife for all of her support.
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Chairman Horan recessed
the meeting at 11:00 a.m.; reconvening at 11:10 a.m.
COUNTY ATTORNEY’S AGENDA
Motion by
Commissioner Dallari, seconded by Commissioner Constantine, to authorize and
approve the following:
26. Adopt appropriate
Resolution #2016-R-179, Jetta Point Reimbursement, to assure the citizens of
Seminole County that the proceeds of the Bonds funds, and any proceeds derived
from the sale of Jetta Point are utilized within the spirit and structures of
the Bonds covenants. (A-2714-16)
Districts
1, 2, 3 and 5 voted AYE.
Commissioner Henley abstained
from voting and filed a Memorandum of Voting Conflict form (received and
filed).
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Clerk’s Office
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to authorize and approve
the following:
27. Approve Expenditure
Approval Lists dated September 26 and October 23, 2016; and the BCC Official
Minutes (2) dated September 27, 2016. (A-2805-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Clerk of the
Circuit Court and Comptroller, Maryanne Morse, stated that the Clerk’s Office
has sent almost $17 million in excess fees to the County over the last 26
years. She said they are adding to that
by giving the County a check in the amount of $1,021,329.34, and she presented
the check to the Board.
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The Board noted, for
information only, the following Clerk’s “Received and Filed”:
1. Executive Order
#2016-002 declaring a local State of Emergency posed by Hurricane Matthew.
2. Performance Bond
#CMS0290176, Certificate of Title, and Recording of Plats for Markham Square in
the amount of $568,089.34.
3. Conditional Utility
Agreement for Water, Wastewater or Reclaimed Water Services with Park Square
Enterprises, LLC for the project known as Windsor Square.
4. Conditional Utility
Agreement for Water, Wastewater or Reclaimed Water Services with Legacy Funeral
Holdings of Florida, LLC for the project known as Highland Memory Garden.
5. Unauthorized Commitment
Memorandum dated September 28, 2016 from Tricia Setzer, Office of Economic
Development and Community Relations, to Nicole Guillet, County Manager.
6. Approval Development
Order #15-320000018, 121 North Henderson Lane, Clyde H. Robertson Jr. and Lisa
G. Brown, Trustee.
7. Tourist Tax Funding
Agreement for the 2016 Mt. Everest Expedition Baseball Tournament with Nations
Baseball of Greater Orlando, Inc.
8. Parks Contracts for
Services with Stephanie Marie Schwartz, Betty Curatolo, Orlando Roman, and
Amilcar Cordova.
9. Pet Rescue Cooperative
Service Agreements with Rescued Pets Are Wonderful and Save Our Saints of
Florida.
10. Work Order #1 to PS-0426-16 with England-Thims
& Miller, Inc.
11. Change Order #1 to Work Order #1 to CC-0559-15
with Prime Construction Group, Inc.
12. Notice to Proceed for CC-0704-16 with Masci
General Contractor, Inc.
13. Amendment #8 to Work Order #41 to PS-4388-09
with HNTB Corporation.
14. Work Order #13 to PS-6658-11 with S2LI, Inc.
15. Amendment #1 to Work Order #10 to PS-6865-11
with S2L, Inc.
16. Amendment #1 to Work Order #13 to PS-6865-11
with S2L, Inc.
17. Amendment #1 to Work Order #21 to PS-8148-12
with Parsons Brinckerhoff, Inc.
18. Work Order #3 to PS-8827-13 with Metric
Engineering, Inc.
19. Amendment #3 to Work Order #2 to RFP-9601-14
with Revere Controls Systems, Inc.
20. Amendment #4 to Work Order #2 to RFP-9601-14
with Revere Controls Systems, Inc.
21. Amendment #4 to Work Order #2 to PS-9742-14
with CH2M Hill Engineers, Inc.
22. Eighth Amendment to RFP-600933-10 with Copytronics
Information Systems.
23. Second Amendment to IFB-601404-12 with County
Materials Corporation.
24. M-602686-16 with Robert Deck d/b/a Labor
Finders, as approved by the BCC on August 23, 2016.
25. Florida
Public Service Commission Order, #PSC-16-0407-CO-EI, Re: Petition by Duke
Energy Florida LLC, Consummating Order, Docket #160126-EI, issued September 23,
2016.
26. Florida
Public Service Commission Order, #PSC-16-0416-CO-EI, Re: Petition by Duke
Energy Florida LLC, Consummating Order, Docket #160128-EI, issued September 29,
2016.
27. Florida
Public Service Commission Order, #PSC-16-0424-TRF-EI, Re: Petition by Florida
Power & Light Company, Order Approving 2016 Revisions to Underground
Residential and Commercial Differential Tariffs, Docket #160071-EI, issued
October 3, 2016.
28. Florida
Public Service Commission Order, #PSC-16-0422-TRF-GU, Re: Joint Petition by
Florida Public Utilities Company, Florida Public Utilities Company-Indiantown
Division, Florida Public Utilities Company-Fort Meade, and Florida Division of
Chesapeake Utilities Corporation, Order Approving Swing Service Rider Tariff,
Docket #160085-GU, issued October 3, 2016.
29. Florida
Public Service Commission Order, #PSC-16-0423-TRF-EI, Re: Petition by Duke
Energy Florida LLC, Order Approving Economic Development and Re-development
Riders, Docket #160173-EI, issued October 3, 2016.
30. Florida
Public Service Commission Conference Agenda for October 11, 2016 to be held at
the Betty Easley Conference Center, Room 148.
31. Florida
Public Service Commission Memorandum dated September 29, 2016, Document No.
07858-16, Re: Revised Recommendation in
connection with Docket #150269-WS, Application for Limited Proceeding Water
Rate Increase in Marion, Pasco, and Seminole Counties by Utilities, Inc. of
Florida.
32. Bids
as follows:
RFP-602673-16
with Stenstrom, McIntosh, Colbert & Whigham, P.A.;
RFP-602659-16
with Sebco Books; Children’s Plus, Inc.; Ingram Content Group; Baker &
Taylor, LLC;
IFB-602634-16
with The Nidy Sports Construction Co.; Elite Court Construction, Inc.; J’s
Quality Courts; Premier Surface Solutions, Inc.; Sport Surfaces LLC; Advantage
Courts, LLC; Court Surfaces of Florida LLC;
IBF-602603-16
with Shankle LLC d/b/a I Lock;
RFP-602624-16
with Southeastern Surveying and Mapping Corporation; Data Transfer Solutions,
LLC; Dynatest North America, Inc.; Fugro Consultants, Inc.; IMS Infrastructure
Management Services, LLC; Quality Traffic Data, LLC; and
CC-1005-16
with P&S Paving, Inc.; Ranger Construction Industries, Inc.; Preferred
Materials, Inc.
Supervisor of Elections
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to authorize and approve
the following:
28. Approve and authorize
the Chairman to execute the Certificate Regarding Matching Funds contained
within the Memorandum of Agreement between the Florida Department of State and
the Seminole County Supervisor of Elections; and approve appropriate Resolution
#2016-R-180 implementing Budget Amendment Request (BAR) #17-007 in the amount
of $79,213 through the General Fund to appropriate grant funding for election
activities. (A-2796-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Item #29 – A-2691-16
Patt
Hughes, Planning & Development Division, addressed the Board to present a
request to consider a total waiver of the Code Enforcement Board lien of
$158,000 for Case #12-26-CEB, on the property located at 5435 Wilson Road,
Sanford, Tax Parcel #31-19-30-501-0000-1770; Crishna Persaud, Owner and
Applicant.
Ms. Hughes
presented the request as outlined in the Agenda Memorandum. She advised that staff recommends the Board
approve a total waiver of the lien based upon the documentation submitted
showing financial hardship.
Crishna
Persaud, Applicant who resides at 107th Avenue in Richmond Hill, New
York, addressed the Board to explain that when he found out about the code
violation, he took care of it right away.
He mentioned his financial hardship and requested the Board’s help in
this matter.
Commissioner
Carey confirmed with Mr. Persaud that the taxes have not been paid on the
property for the last four years. Mr.
Persaud indicated he is in bankruptcy and a portion of the monies he pays
through the trustee every month is allocated towards the taxes that he owes and
eventually they will be paid in full.
Commissioner Carey noted that if the property falls into disrepair
again, there would be no leniency or forgiveness at all and that they rarely
forgive a lot of these types of liens because the community has to suffer when
there is neglect like this. Mr. Persaud
explained that his brother is now taking care of the landscaping and renovation
and maintenance of the house itself and he does not want to rent or sell it.
With regard
to public participation, no one in the audience spoke in support or in
opposition to Item #29 and public input was closed.
Motion by Commissioner Carey, seconded by
Commissioner Dallari, to approve a total waiver of the Code Enforcement Board
lien in the amount of $158,000 for Case #12-26-CEB on the property located at
5435 Wilson Road, Sanford, Tax Parcel #31-19-30-501-0000-1770, owned by Crishna
Persaud; and authorize the Chairman to execute the Release of Lien.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Item
#30 – A-2609-16
Angi Kealhofer, Planning & Development Division, addressed
the Board to present a request for a Special Event Permit for the Holy Trinity
Greek Orthodox Church for Greek Fest 2016, to be held at 1217 Trinity Woods
Lane in Maitland, from November 4 through November 6, 2016.
Ms.
Kealhofer reported the hours of operation and the estimated attendance. She explained that the Special Event Permit
in the Agenda Memorandum includes the findings and conditions of approval and
added that staff is recommending approval.
With regard
to public participation, no one in the audience spoke in support or in
opposition to Item #30 and public input was closed.
Motion by
Commissioner Constantine, seconded by Commissioner Carey, to approve the
Special Event Permit for the Holy Trinity Greek Orthodox Church for Greek Fest
2016, to be held at 1217 Trinity Woods Lane in Maitland, from November 4
through November 6, 2016, including staff’s recommended conditions of approval.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Board
recessed the meeting at 11:20 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
Terri Porter who was replaced by Deputy Clerk Kyla Spencer, who were present at
the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Henley, seconded by Commissioner Dallari, 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
Nuisance Abatement/1067 & 1071 Williams Street
Agenda Item #31 – PH-2016-439
Proof of publication calling for a public hearing to consider adoption
of a Resolution issuing an Order to declare the existence of a Public Nuisance
at 1067 & 1071 Williams Street, Altamonte Springs; to require corrective
action by December 27, 2016; and to authorize necessary corrective action by
the County in the event the nuisance is not abated by the record owner,
received and filed.
Liz Parkhurst, Planning & Development Division, presented Item #31
as outlined in the Agenda Memorandum and stated Paul Watson, Building Official,
is available for questions.
With regard to public participation, no one in the audience spoke in
support or in opposition to Item #31, and public input was closed.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt
appropriate Resolution #2016-R-181 issuing an Order to declare the existence of
a Public Nuisance at 1067 & 1071 Williams Street, Altamonte Springs; to
require corrective action by December 27, 2016; 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.
Districts 1, 2, 3, 4 and 5 voted AYE.
Lake Asher Aquatic Vegetation and
Lake Management Ordinance (MSBU)
Agenda Item #32 – A-2692-16
Proof of publication calling for a public hearing to consider adoption
of an Ordinance to create Lake Asher Aquatic Vegetation and Lake Management
Municipal Services Benefit Unit (MSBU) for funding ongoing management of Lake
Asher, received and filed.
Kathy Moore, MSBU Program, Resource Management Department, addressed
the Board and stated the implementation of the ongoing services that are
requested through this MSBU is contingent on completion of the lake restoration
efforts to be funded by legislative appropriations. She explained if the community-requested MSBU
is created by the Board, the initial assessment roll will be presented for
approval along with the annual assessment roll in 2017. The petition to create an MSBU, which was
coordinated by the MSBU program for Lake Asher, demonstrated a 74% support
level which exceeded the 65% level required for Board consideration. Ms. Moore stated the assessment boundary
proposed for the MSBU includes 19 parcels.
The service cost will be allocated equally to each parcel with the
initial assessment anticipated in the amount of $295 per parcel. The assessment is a variable rate assessment
that is subject to annual adjustment according to site conditions and budgeted
expenses.
With regard to public participation, no one in the audience spoke in
support or in opposition to Item #32, and public input was closed.
Commissioner Constantine noted he knows there is enthusiastic support
from the citizens for this Ordinance.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt
Ordinance #2016-37 to create Lake Asher Aquatic Vegetation and Lake Management
Municipal Services Benefit Unit (MSBU) for funding ongoing management of Lake
Asher, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT REPORTS
District 5
Commissioner Carey asked the County
Manager, Nicole Guillet, for an update on the debris pickup. Ms. Guillet stated in the 17 days since the
storm, there have been about 5,300 additional tons of yard debris collected,
which is over and above the 2,000 normally collected during a comparable time
period. She explained that in that time,
in order to try to address the significant amount of debris, the County's waste
haulers (Waste Pro and Republic) have added about 1,000 additional crew hours
on the road to try to address the issue.
Grubbs, the contractor for debris management, has provided about 200
crew hours and has been out with claw trucks.
Additionally, the County has used their resources, including their own
claw truck; so they have been trying to get around to everything and get
everything picked up.
Ms. Guillet reported there have been about
6,000 calls to the Solid Waste Department and other County departments
regarding storm debris, an additional 200 man hours on the phones in the Solid
Waste Department trying to respond to citizen inquiries, and 4 additional
people have been added to answer phones within Solid Waste to try to handle
that load. In addition to the normal
waste pickup days, Ms. Guillet stated the County has had 30 hauler trucks and 7
claw trucks on the road every day trying to get to all of the
neighborhoods. She explained that today
they added some additional resources from the Public Works Department and have
taken all of the crews from the Road and Stormwater Division within Public
Works to help canvas the County starting on the west side. They
have gridded the County into 47 different grids, and they are going in
every neighborhood to assess what debris is still out there; and depending on
what kind of equipment they have, they will pick up what they can as they are
canvassing.
Ms. Guillet stated the County has spent
close to $200,000 in additional resources trying to address this issue through
additional hours with their haulers, equipment rental, et cetera. She explained they have been challenged
because while the County was lucky to not be in the eye of the storm, many of
the resources in the state moved to the areas that were harder hit (Flagler
County, Volusia County, and Brevard County).
Ms. Guillet stated she is certain that the County's haulers have been
giving them as many hours as they can, but it has been a challenge that has
taken the County significantly longer than they anticipated. She mentioned that she knows some of the
dissatisfaction on the part of the Board's constituents is the fact that the
County over promised when they would be able to get to some of the debris, but
it was done in good faith and with every intention of trying to accommodate
people when the County said they would.
Ms. Guillet stated she hopes by the end of
the day today staff will have fully canvassed the County using the additional
Public Works resources, and she will be able to give the Board an idea of how
much debris is still remaining; and in working with the haulers and additional
contractors, she can give an estimate as to when staff will expect that they
can have it picked up with the understanding that that will just be an
estimate. Ms. Guillet reported staff is
going to communicate this information via social media, the County's website,
Nextdoor, and all of the different avenues that they use. She noted she appreciates that the citizens
are being patient and that this issue is a priority, not just in the Solid
Waste Department but within other departments as well. Ms. Guillet stated as soon as she has an
update on the status of where they stand today and what their expectations are
over the next week or so, she will give all of the Commissioners an update on
that.
Commissioner Carey stated that one of the
biggest frustrations she has heard from the people is that the debris was
supposed to be picked up on a date certain and then it wasn't picked up. She added that the County needs to make sure
staff is giving citizens the right message when they call in, and hopefully the
County can generate some kind of direct line so they know exactly what is going
on. Commissioner Carey noted she thinks
there are some good lessons to be learned from this. She explained that she does not think that
the County should have the contractor that they hired to do debris pickup in an
emergency go somewhere else, and she thinks that the County should demand that
that contractor fulfill their contract and provide services in this county
first and foremost. She pointed out that
it is unfortunate for the other counties; but at the same time, it generates a
whole host of other issues if they don't get the debris picked up.
Commissioner Dallari agreed with
Commissioner Carey in regard to over promising the pickup time. He stated after the storm cleanup is over, he
would like to look at the debris contract and try to put some more
"teeth" into it; and if not, then what can they do to try to make
sure that this doesn't happen again.
Commissioner Carey added not only that but the County has independent
contractors that they license who have claw trucks available, so the County
needs a plan to deploy its own Public Works people and all of its local
contractors to help supplement this issue.
Commissioner Constantine mentioned it seems
that the debris pickup in the County has been going from east to west because
that is probably where the County was most affected, so there are still a lot
of people over on the west side that have not had their debris picked up whom
would very much appreciate getting it done as quickly as possible. Ms. Guillet stated they started canvassing
from west to east because it appeared that the west end of the County is where
most of the pickup deficiencies were, but she thinks some of the focus had
initially been on the east side because that is where more of the damage
was. Chairman Horan pointed out that if
you look at the damage assessment map, there is actually more damage on the
west side of the county.
Commissioner Carey stated Sanford's Public
Works Department is out today, and Ms. Guillet added Sanford has done the same
thing that the County has had to do. Ms.
Guillet explained that a lot of people in the County share haulers, and Sanford
brought in their Public Works crew to augment that. Chairman Horan noted Sanford terminated the
contract with their excess hauler because the excess hauler couldn't get there,
so Sanford had to double-up on their own forces. He stated that in terms of the analysis, the
County has to figure out what its resources are in the private sector, and if
they have "emergency hauler A," what is plan B, C, and D. Commissioner Carey stated all the people that
the County licenses for construction and debris have the equipment to help with
an issue like this, so there needs to be a different plan going forward. She pointed out that people are trying to get
the stuff out of their yard because it is a breeding ground for all kinds of
stuff and the County needs to get that fixed.
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Commissioner Carey stated that at the
October 11th meeting, the Board adopted Resolution #2016-R-159 renaming Bush
Boulevard to Eslinger Way with an effective date of January 31, 2017. She explained that all the new Constitutional
Officers take office January 3rd, so they need to figure out how to amend that date. Ms. Guillet stated they will need a new
Resolution, and staff can bring it on November 15th at the next Board meeting.
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Commissioner Carey announced that
SafeHouse’s Celebrate Hope is tonight at 7:00 p.m. which celebrates hope,
healing and awareness of domestic violence.
She discussed a recent death in the County due to domestic violence and
expressed that this is a very serious situation and they need to do everything
they can to make the public aware and have an educational process so people
know there is an alternative to living in that.
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Commissioner Carey reminded that Halloween
is coming up, and asked everyone to be aware of children in the streets through
the weekend leading up to Halloween.
District 1
Commissioner Dallari thanked County
employees and their families for participating in the family art contest that
took place on October 20th.
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Commissioner
_+•1_for the ex tension _+˜1_of SR 408
from SR 50 to the SR 520 inter section and they are doing a _+£1_P D & E stud y . He noted he want s to make
sure that County staff is
notifying the
State and MetroPlan that even though it is in Orange
County , it is such
a significant road that the south east part
of _+Ô1_Seminole County needs to
be participating in that PD&E study. Chairman
Horan _%_m entioned
the S tate is now committed
to building that road, and asked if the
region is automatically included _,+1_in the P D &E stud y . Commissioner Carey explained
that 408 belongs to
the Central Florida _,D1__#_Ex press way Authority
(CFX) and an extension of the 408
is what started _,V1_this conversation .
The Central Florida Expressway
Authority tried to get F D OT to
work with them and they didn't
want to .
Now _,t1__%_F DOT
has decided that they are
willing to do it, a nd C FX
has _,‚1_still said
that t hey are _,†1_going to
give_,‰1_ F DOT all of the documents
that t hey have; but if t hey don't see that this
issue is going the
way it needs to, CFX will step in again
and continue t he ir
own _,¥1_P D & E study
on alternatives . C ommissioner Carey stated that she has made it very
clear at CFX _,»1_with Mayor
Jacobs and others that for years
Seminole has had a plan to “4-lane” CR 419 . She
discussed that Commissioner
Boyd _,ß1_told her they are going _,ó1_to “ 4- lane” it back to a certain point,
and she told him they need to talk about
widening all of CR _-.2_419 . S he stated _%_Commissioner Boyd brought
up the fact that there
will be another road
crossing the E con and connecting to CR 419 in Orange
County and they need to talk
about McCullough Road .
Commissioner Carey explained that what needs to
happen is Orange County and Seminole County need to sit down with
the managers, the C hairma n , MetroPlan
members , and the Ex press way Authority
and have a discussion about
how _-y2_t hey
are going to move transportation i n this whole small area. She
added they had talked about a
small -a rea stud y plan and are on
record as being opposed
to _-ž1_re-crossing the Econ in another location; so if they
are not doing that ,
is it McCullough Road. Commissioner
Carey stated while the D OT is moving
forward to get the
CFX _-Õ1_documents and move
forward with the idea , it
is in everybody's best
interest to co -locate _-ç1_that facility
with H WY 50 . However , t hey just
paid off a $150,000,000 loan so
that t hey have
some i ndependence, and not
all _.*1_of the Board
members of C FX
are _.41_necessarily in line
with moving this forward , and
t hey re served the right
publicly to pick up
t heir own
plan that t hey
have approved. S he noted _.Z1_a lot
of _.]2_discussions need to
happen .
Commissioner
Dallari explained the reason he is bringing this up is because
there is some grayness as Commissioner
Carey just identified. It
is not just the State, it
is the Expressway Authority, _%_MetroPlan, and the local authorities. H e wants to make sure when it
comes to the PD&E study,
there is community
involvement not just from Orange County but also
from Seminole County and Osceola Count y . He stated it is important that the
region’s citizens , not just the
e lected officials_.Ç1_, are
involved and plugged in. He
mentioned he wants t o
make sure that County
staff is aware and
ask_.â1__.ã1__.ä1_s that they re search
the federal lawsuit done
many years ago t hat states
there is only one more crossing
of the E con
allowe d. He
added that wherever that one
goes, they need to realize it is the one last crossing. _/–1_ He
stated staff needs to be
aware that there needs to be community involvement in the P D & E
stud_/1_y going
from SR 408 east and it needs
to be community involvement of
southeast Seminole County, Orange County,
and northeast Osceola County. He
reiterated that staff needs to do research
on the federal lawsuit to show that there is only one more crossing of the Econ.
Chairman Horan stated he had an interesting discussion with
Commissioner Edwards on what Seminole is actually trying to do and
accomplish. Chairman Horan said he
thinks they will take advantage of every opportunity including the State's
involvement now and this PD&E study to advance the interest of not only the
County's residents but also of the entire region so that they can have some
sensible connectivity and mobility in the region. He stated that Orange County would be myopic
in thinking that because they got the State to pay the $800,000,000 that they
were short on infrastructure in that particular region, the problem is
over. He explained there is a lot of
planning to do, and a lot of conversations to be had, and a lot of public
involvement to be had that quite frankly is probably about 20 years behind
time.
Commissioner Dallari asked if once they start moving forward
with the crossing of SR 408 over the Econ going east, whether or not that is
the last crossing. Commissioner Carey
replied that what is being proposed right now for the DOT to take it over is
that it would actually run parallel of their right-of-way so they are not doing
a new crossing; SR 50 already crosses the Econ, it would be an expansion of
that. Commissioner Dallari stated to let
the attorneys decide whether or not the expansion of a crossing constitutes a
new crossing.
Commissioner Carey stated that the Chairman needs
to _1V1_reach
out and schedule a meeting with
Orange County’s Manager, Mr. Lalchandani, and _%__%_Mayor Jacobs; and that needs to happen sooner
vers us later because Seminole’s citizens need
to be a ble to get
to SR 408 and in
ord_1}1_er to
do that , they need to
consider widening _1ˆ1_all of
CR 419 . Commissioner
Dallari stated that he is not dis a greeing with
Commissioner Carey, he just wants to _1¢1_make sure
that there is full transparency so the public is engaged and
aware of what is going on .
Chairman Horan explained that he and _%_Mayor Jacobs
met a bout four
months ago, and consequently the issues that
re_1Ê1_late to
that particular region are thin gs that _1Ô1__%_C hairman
Horan _1Õ3_suggested to Mayor
Jacobs that they put
on a schedule so t hey
can have some kind of
an _1é1_idea as
to _1ì1__1í1_plan, but he ha s not received a call bac k . Commissioner
Carey stated that the DOT cann ot ex tend SR 408 without
an _2’2_agreement with CFX that they are willing to hand that over to them, and their interest is what is best _2¢1_for the traveling
public .
She reiterated that CFX has said they
will give them all of their documents
so they can look at it and come up with
a _2·1_recommendation, and hope fully that all
works out . She added it would be
great if everyone was working together for the betterment of
the public. She suggested that the Chairman send a form al
letter requesting a meet ing to discuss the 419 and that
small area that im pacts Seminole
County because a t the CFX meeting _3O1_last week , Mayor Jacobs
indicated they were going
to _3[1_reach out
and _3^1_schedule something . No objections were voiced.
District 3
Commissioner Constantine stated at the MPO
Alliance meeting, he and Chairman Horan were in attendance, and they did get a
rest area study through which would include I-75, I-95, and I-4 specifically
looking at freight needs and the County's I-4 rest area/truck stop in
Longwood. It was passed unanimously by
the 10 counties and 6 MPOs that were there and with the Regional Planning
Council (RPC), the MPO Alliance, and specifically the DOT leading it. He mentioned Noranne Downs, District 5 FDOT
Secretary, was there also and supported the amendment. Commissioner Carey asked if that identified
the SR 44 and I-4 site or that area.
Commissioner Constantine explained there were ownership representatives
present for both of those which expressed different feelings about a
public/private or even a private land use at SR 44 and other locations that the
DOT had identified in the past. He
stated Volusia County was not given or did not have full information when they
made the decision that they didn't want those rest areas. He opined that as they start seeing this and
know that their private developers want to do it on their property, there is
going to be a change from the county commission's perspective like there has
been with Deltona.
Commissioner Carey asked how many Volusia
County commissioners are on the Alliance.
Commissioner Constantine answered he thinks there is one, but this was
to be done with the RPC and others, and there are two on the RPC. Chairman Horan stated it is mostly the
representatives of the TPOs and the MPOs and their staffers. He added that Seminole County is the only
county with two representatives on the MPO Alliance. Chairman Horan stated the private developers
attended the meeting and made a presentation, and that presentation generated a
wide-ranging discussion that lead to Commissioner Constantine's motion to get
the support of all of the people on the Alliance for that study that will
involve the private sector and all of the private operators of the kinds of
facilities where they do transfer, rest and all kinds of different operations
with regards to truck freight. He opined
that it was a very beneficial meeting and Commissioner Constantine did a great
job in formulating the motion, and it was a good day for everybody. He expressed that what he thought was most
gratifying was to learn how much the industry appreciated the involvement of
the public sector and the independent sector because the trucking industry has
been trying to get the Legislature to address this for quite some time and they
have not been getting a lot of traction.
Chairman Horan stated he thinks they advanced the ball down the field
with that particular issue, specifically also to the benefit of trying to get a
resolution on the County's own rest areas.
Commissioner Carey discussed a
freight-mobility study done in the '90s at MetroPlan, and Commissioner Dallari
confirmed that an update was completed about a year and a half ago and noted he
will get the entire Board a copy of it.
Chairman Horan opined that the freight report is a little frightening
and a period of time has passed where they have not done anything, so they are
another two years behind the power curve.
Commissioner Carey pointed out that the study from the '90s recommended
that rail freight be moved to the outside of other areas where they had
corridors, and then they had commuter rails come since then; and there have
been a lot of changes so she would like to see the updated report.
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Commissioner Constantine announced that the
Historical Commission met and they talked about the fact that the County has
identified half of a building for the potential use of the donation of the
buggies. They were still wishing to have
a full 3,600 square feet, but he told them that they have to do a report to justify
the long-term implications and how they can do it.
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Commissioner Constantine stated that at the
Leadership Seminole meeting, they talked mostly about the new executive
director and the process of finding that new executive director because Wayne
Weinberg has left.
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Commissioner Constantine indicated that on
the 22nd of October, he met with the Indian Hills Homeowners Association and
they are very excited about their new aquatic park at Kewannee Road and they
invited everybody to their party on the 5th at 9:00.
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Commissioner Constantine reminded that
tomorrow is the Servants of the People luncheon, and noted tonight he is
meeting with the Springs Landing Homeowners Association. He announced the United Arts board is meeting
on the 27th of October, and Orange County’s P&Z meeting regarding Sustany
is on October 28th. Commissioner
Constantine stated the Goldenrod Parade is on October 29th. Also, the Florida State music teachers are
meeting in the area and having their big dinner and Father John is doing
Pathways to Care at Saint Mary Magdalen that same day.
District 4
Commissioner Henley stated the debris in
District 4 has been removed with the exception of an area near Brassie and
Roberts and those are about 6 to 8 logs, 10 to 12 inches long that need to be
cut up in order to be moved.
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Commissioner Henley reported that after the
positive vote on the golf course this morning, the people in District 4 are
satisfied.
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Commissioner Henley informed the Board that
LYNX has not resolved the episode with the union yet, and they are still at
impasse. The first meeting will be after
the first of the year because the union wanted it delayed. Commissioner Constantine noted the RPC has
moved in at LYNX.
CHAIRMAN’S REPORT
Chairman Horan reported a traffic condition
at SR 434 and Hammock Lane on the big curve going into Orlando. It is a state highway and he thinks a traffic
light has been approved. He stated they
have gotten the Legislature involved in this issue and there is quite a bit of
interest. He asked if any of the Board
members have any connections that can assist in this, to work through the
County Manager in getting the State to move in regard to traffic calming
devices and the final approval for funding of the traffic signal.
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Chairman Horan stated the Board has been
contacted about a fee that they passed back in December 2014. It was a non-transport fee for services that
are rendered by their EMS personnel when they do not do a transport. The fee is graduated depending upon the
intensity of the service that is given; but in particular if the intensity of
the service involves, for example, an injection for a diabetic patient, the fee
could be as much as $800. He explained
that they have learned that Medicare, Medicaid, and supplemental private
insurance carriers will pay for transport but they will not pay for the less
expensive alternative of treating somebody in place. The County's protocol is that better service
is given when the patient is treated in place, but that is not being
covered. Chairman Horan stated since May
of 2015, there is $240,000 outstanding of that fee, and they have only
collected about $75,000 of the fee; $57,000 from private customers; and only
$18,000 from insurance.
Commissioner Carey stated this morning on
the Agenda they approved the company to go back and bill some of those charges
that had not been collected to Medicaid and Medicare. She asked if that would be able to cover some
of this. Jim Reynolds, Fire Department
Director, answered that it will not because it is completely unrelated. Ms. Guillet stated they could bill it, but
Medicare will not pay it. Mr. Reynolds
explained those are for costs incurred for equipment and those types of things
that they previously didn't cover and now are able to collect under state
law. He explained that they are at about
a 23% collection rate on this particular fee.
He noted that Seminole County has always been recognized as having a
cutting-edge EMS system. He stated Dr.
Husty is also cutting-edge in allowing paramedics to make that decision in the
field which reduces the load on the hospitals.
Mr. Reynolds explained that there was not good data on what the
appropriate fee is in the past when it was set, so they need to look at the fee
and come back with a recommendation on whether or not they should adjust
it. He noted the Medical Director is
very supportive of a fee and disappointed that the federal partners are not
recognizing that this is the way to go.
Commissioner Carey opined that the
bothersome thing about this is that sometimes they need to treat in place
because the patient needs immediate attention; and in a case of diabetes, for
example, as soon as you give them an injection, you may stabilize them and not
have to transport them. She stated that
maybe the big picture is that they need to go back to their federal and state
legislators and ask for some consideration to be given to this because if you
are trying to control your healthcare costs, and somebody can be treated in
place and not have to be transported to a hospital, it is in everybody's best
interest, the patient or the payers, regardless of who it is. In addition to talking about the fee and
bringing the fee back, Commissioner Carey expressed that she would like for
them to talk to their lobbyist, both state and federal, because it is not only
Medicare, it is Medicaid and others as well paying that. Mr. Reynolds noted private payers are paying
about 6% and the rest is coming from the patients themselves.
Ms. Guillet stated that a lot of the folks
who need this service and aren't transported are seniors and folks on fixed
incomes; and to their credit, a lot of them that are paying are put on a
payment plan and the County tries to accommodate them. She added they are in a situation where if
they do the right thing, there is a penalty for it because they aren't
collecting the fees. Ms. Guillet
explained they could change their protocols and transport everybody, but it isn't
in the patient’s best interest and from a resource management standpoint, it
isn't in the County's best interest.
Chairman Horan noted it increases their wall time.
Commissioner Dallari questioned if it is
just the County having a hard time collecting this or if it is all the seven
cities as well. Mr. Reynolds answered
that the only other one in the area is Kissimmee and they did not have their
collection rate because they hadn't looked at it, so they couldn't give him any
feedback. He added Osceola had passed
something to enact it, but they have not enacted it yet. Also Lee County is doing it, but he wasn't
able to get information on a collection rate from them.
Commissioner Dallari asked if there is
anyone working with the State or Feds to see if there is any way to reclassify
the code chart. Mr. Reynolds replied
that at this point, not that he knows of.
Chairman Horan suggested this would be something that would be worked
through the lobbyists and legislators, but he thinks the Florida Association of
Counties would be excellent.
Commissioner Dallari stated he agrees but sometimes it depends upon how
the chart is coded. Mr. Reynolds
explained the key is it is either a transport or no-transport, and that is
where they are delineating whether or not they will pay. If a patient is transported to the hospital,
they would pay for the transport what Medicare will pay, and then they would
pay the hospital the portion that they would pay, which according to Dr. Husty
in this instance is roughly $1,000, so they would pay $800 of that. It would cost them more to transport them,
but because they were not transported, they will not pay anything.
Chairman Horan stated a lot of times with
medical coding, there is a code for transport and a code for
non-transport. He asked if there is
another code they are missing. Mr.
Reynolds answered he can check into it but not that he is aware of. Chairman Horan asked if they are sure that in
terms of coding, they are not making an administrative mistake. Mr. Reynolds replied that he feels confident because
they use an outside billing company that does this for agencies all over the
state and they are very well versed on coding.
Ms. Guillet stated they can double-check and it is certainly worth
looking into.
Commissioner Dallari agreed that the County
needs to be speaking with the State and the Feds to see about how to actually
change this. He asked when Mr. Reynolds
plans on bringing back the fee structure.
Mr. Reynolds answered he works with the County Manager on that schedule,
but it should not take long. Ms. Guillet
explained that the Board will have to take action on it. If the Board wanted to abate the fee as staff
looks at it, that is certainly a call they can make. She suggested that the Board give her and Mr.
Reynolds time to look at it and bring it back at the November 15 BCC meeting
for their consideration.
Commissioner Constantine stated he thinks
that Federal and State will take a long time, so they need to find a way to
incentivize the opportunity to take care of people in their home and not have
to transport them. He agreed with the
suggestion to look at the fee structure and bring it back as soon as possible
especially when they are only getting 23% anyway. Commissioner Dallari noted that since they
are not transporting, they are not filling the hospitals’ emergency rooms with
people that don't need to be there. He
asked if staff has talked to the hospitals about whether or not they are
willing to subsidize some of this as well since they are not being inundated
with patients. Mr. Reynolds answered
they have not had that conversation, but it is worth having.
Commissioner Carey stated that Mr. Reynolds
made a good point that the company the County is using does this all over the
country. She added she would be curious
as to if there are other states that will pay for this through their Medicaid
or other agencies that have supplemental polices that will actually pay for
this type of stuff. She noted that those
are the kinds of things that she thinks are important to understand. Commissioner Carey stated the Florida
Association of Counties is a good group to reach out to but she thinks there
are other agencies, like Seniors Speak Out and AARP, that if you brought this
to their attention, they could all take it up because they have a pretty good
lobby. She noted she would be interested
in knowing from the provider that is doing the collections if there are other
states where they can actually get paid by treating them in the home. Chairman Horan confirmed that the staff
direction is to bring back something to the Board with regards to the amount of
the fee and other action plans that the Board should execute, and also to
consider what to do for the people who are on payment plans. Ms. Guillet stated they will bring whatever
their recommendation is with respect to what they do with the fee, if anything,
and include consideration for the folks that are to be billed. Commissioner Carey suggested they include how
many people it is, how much they owe, and the circumstances.
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Chairman Horan stated at the Mayors and
Managers meeting, he presented the fertilizer ordinance to them, gave them
suggestions as to what the County is doing and the issues they are treating,
and asked them for feedback. Upon
inquiry by Chairman Horan, Ms. Guillet stated she is not aware of any feedback
yet. She opined that they were all over
the board as to where they should go with it from ramping it up to wondering
what happens if they don't do anything.
Ms. Guillet stated the general consensus seemed to be they would like to
have an opt-in approach, which is basically what the County has in any
ordinance that it does. She added the
County is going to work with them to try to get an ordinance that everyone is
relatively comfortable with so there is some consistency throughout the county.
Commissioner Carey discussed how a
fertilizer ordinance would be very difficult to implement and monitor if it
isn't countywide. Chairman Horan stated
staff has done a great job of explaining the difficulties in terms of
implementing to the cities. Commissioner
Constantine explained that the initial reaction he received was positive, but
they understand that if it is not done countywide, even if it is an opt-in,
someone could go somewhere else to get fertilizer. Commissioner Carey asked if the cities are
under the same requirement that the County is to adopt the basic rule. Chairman Horan answered the County made that
point to them that they have a similar requirement. Ms. Guillet explained the cities at least
have to do that, and the County's proposal has gone beyond what the basic
requirements were under the model ordinance.
The positive outcome was everybody was supportive of the respective
staffs working together to try to come up with something. She noted they have been working together for
a couple of years and they have a great working relationship, so they are going
to continue to head down that path.
Commissioner Dallari stated he has a
question regarding TMDLs. He asked if
the entire county is not on a similar fertilizer ordinance, can staff tell what
the loading and unloading effect could potentially be in the waterways through
TMDLs. Kim Ornberg, Watershed Division
Manager, Public Works Department, addressed the Board. She explained that staff is working on
calculating the actual benefit from some of the studies that have been done as
part of the exercise. Commissioner
Dallari questioned if there was a municipality that didn't opt-in, whether
staff could calculate how many pollutants are actually, through the runoff of
the fertilizer, going into the waterways and byways. Ms. Ornberg stated they could estimate
it. Commissioner Dallari inquired if
they would potentially be looking at fines or something through the State
through the TMDL factor, and Ms. Ornberg replied only if they weren't meeting
their obligation for their load reduction.
She explained that through the adoption of the ordinance, the County
gets credit from the State off of their load reduction so the County can
quantify that as well. Commissioner
Dallari asked when a municipality's stormwater is flowing through the County's
area, can staff monitor where it is coming in and how much loading is coming
in; Ms. Ornberg answered that is correct.
Chairman Horan noted Ms. Ornberg did a
wonderful job at the Mayors and Managers meeting explaining that everyone is in
this together. Commissioner Carey
confirmed with Ms. Ornberg that the County gets some TMDL credits for the model
ordinance. Commissioner Carey asked if
the County gets additional credits by adding the things that they have
added. Ms. Ornberg answered at this
point they have not formally adopted anything beyond the 1% but she was at a
BMAP meeting this week for the Middle St. Johns and they are talking about
giving the County additional across-the-board credit if they do something like
they are proposing. Commissioner Dallari
reiterated that they can monitor and measure it, and that is the key. Commissioner Carey pointed out it is labor
intensive, very difficult, and expensive to do that. She opined that it would be easier if there
was a countywide ordinance. Chairman
Horan agreed. Ms. Guillet stated she is
optimistic and she believes the other municipalities will come around.
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Chairman Horan stated the legislative priorities
have grown a little bit, and he wants to see if they can hone them down. He read a list entitled “State Priorities
2017” (copy received and filed) as follows:
Transportation – Request the DOT to conduct a study for new rest areas
and the decommissioning of the two County rest areas; Water Resource
Legislation - Ensure that the County gets their fair share of funding and
quality projects; Fiscal Sustainability - Guard against legislation that
imposes unfunded mandates, state funding for Soil and Water Conservation
Districts, and increase funding of Department of Agriculture and Consumer
Services through the Solid Waste Management Trust Fund for waste tire removal
grants, increase per page service charge for Article V Court Technology
Funding; Reducing Homelessness - Encourage the development of legislation that
would expand the ability of local governments to serve their target
populations; and Juvenile Detention Costs – Request an appropriation of the
County’s overpayment. He noted that
usually they try to hit about three categories, so he just wanted to mention
that there is nothing wrong with including all of these; but since it has grown
a little bit, he wanted to get some input as to whether there are any that the
Board wants to have mentioned but maybe not emphasized.
Commissioner Dallari suggested the Chairman
circulate the list and talk about it at the next meeting. Commissioner Carey stated in regard to DJJ,
that is coming in a different form; they are not going to get reimbursed for
their DJJ funding directly. She
explained that there are some things on there that are already being addressed,
like the study of the rest areas and other things like that, and she thinks
that staff could make some comments where each of those are at in the process. Then there are things that are just starting
to be discussed, like the homelessness issue, that probably need to rise to the
top. Chairman Horan suggested since the
Board has to discuss it at the next meeting and adopt something, he will
circulate the rough draft list and they can be prepared to discuss it and get
to a final decision as to what they want to do.
Chairman Horan and Commissioner Carey agreed that the things that are
solidified but in process, might be on a “monitor list.” Ms. Guillet noted staff will talk to the
Commissioners individually and try to refine it.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1. Copy of a letter dated October 7, 2016, from
Chairman Horan to Congressman John Mica re: Surface Transportation Board
proposing new regulations that could undercut the ability of the rail network
to respond to demands.
2. Copies of letters dated October 11, 2016, to
Senators Marco Rubio and Bill Nelson and Congressman John Mica and
Congresswoman Corrine Brown respectively re: support for funding for Urban
Areas Security Initiative for Fiscal Year 2017.
3. Orange County Notice of Public Hearing
received October 11, 2016, re: Sustany PD-RD, Friday October 28, 2016, at 10:00
a.m.
4. City of Lake Mary Notice of Annexation
Ordinance No. 1554, received October 13, 2016, re: Jason Walker property on the
east side of N. Country Club Rd. October 20, 2016, at 7:00 p.m.
5. City of Lake Mary Notice of Annexation
Ordinance No. 1553, received October 13, 2016, re: Lake Mary Congregation of
Jehovah’s Witnesses property on the east side of N. Country Club Rd. October
20, 2016, at 7:00 p.m.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 2:37 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
tp/ks