BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 27, 2015
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, October
27, 2015, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman John Horan (District 2)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Court and Comptroller Maryanne
Morse
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Gus Davies, Northland Church,
Longwood, gave the Invocation. Commissioner
Dallari led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Alpine Academy was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – A-1409-15
Andrew Van Gaale and Matthew Brown,
Seminole County Port Authority, addressed the Board to present a check to the
County in the amount of $1 million. Mr.
Van Gaale stated that these are funds declared surplus by the SCOPA board.
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U.S. HIGHWAY 17-92 CRA
Agenda Item #2 – A-1329-15
The
request to approve a CRA Interlocal Agreement with the City of Sanford for
construction of the U.S. 17-92 Beautification Project in the amount of
$2,533,404.91 was pulled from the
Agenda.
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Nicole Guillet, County Manager,
advised there is one addition to the Consent Agenda, Item #16A, a request for
an additional part-time Veterans Court Case Manager for the 18th
Judicial Circuit Court.
Commissioner Dallari requested that
Item #12 regarding an agreement with the Central Florida Zoological Society,
Inc. be pulled for separate discussion.
Commissioner Henley stated he will be filing a Voting Conflict Form for
Item #13, an agreement with Red Raiders Baseball Club.
COUNTY
MANAGER’S CONSENT AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to authorize and approve the following:
Community
Services
Business
Office
3. Approve and authorize the Chairman to execute an
Agreement for Assumption of Mortgage with Jammy Hill, for the SHIP affordable
housing mortgage encumbering the real property located at 831 Campello Street,
Altamonte Springs. (A-1410-15)
4. Approve and
authorize the Chairman to execute Satisfactions of Mortgage for clients
assisted under the County's HOME/SHIP Home Ownership Assistance Program, the
Acquisition/Rehabilitation Assistance Program or the Reconstruction Assistance
Program for the following: Daniel
Cajamarca, Luis Davila, Marada E. Manley, Luis Puig and Ermisenda Puig and The
Center for Affordable Housing (6 Parcels).
(A-1380-15)
5. Approve and authorize the Chairman to execute
the Aspire Health Partners Agreement which provides comprehensive mental health
services to residents of Seminole County with an annual contracted amount of
$183,000. (A-1353-15)
Community
Assistance Division
6. Approve the Second Amendment to the Homeless
Prevention Program Subrecipient Agreement Program Year 2015-2016 with the
Christian Sharing Center, Inc. Exhibit D
was amended to reflect the total program funds available for services to assist
homeless families since June 2014 when the grant was originally awarded to the
Sharing Center. (A-1405-15)
7. Approve and
authorize the Chairman to execute a Memorandum of Understanding (MOU) between
Central Florida Regional Workforce Development Board d/b/a CareerSource and Seminole
County for the FY 2015-2016 grant period to detail cooperative workforce
training and employment efforts for Seminole County residents with an annual
not-to-exceed amount of $275,479. (A-1392-15)
Community
Development Division
8. Approve and
authorize the Chairman to execute the State Housing Initiatives Partnership
(SHIP) Program Annual Report and Local Housing Incentives Certification form
for the State Housing Initiatives Partnership Program (SHIP) Annual Performance
Report. (A-1402-15)
9. Approve and accept the Neighborhood
Stabilization Program (NSP) monthly snapshot/report and properties acquired by
Seminole County Government. (A-1399-15)
Development
Services
Planning
& Development Division
10. Approve the
2015/2016 Service Funding Agreement between Seminole County and the Central
Florida Regional Transportation Authority (LYNX) for the budgeted amount of $6,389,083.
(A-1305-15)
Leisure
Services
Tourism
Development Division
11. Approve and
authorize the Central Florida Sports Commission’s (CFSC) proposed reimbursable travel
expenses not to exceed $1,625.00 for the Amateur Softball Association (ASA)
Convention to be held November 3 through 5, 2015. (A-1382-15)
12. Commissioner Dallari requested the item be pulled
for comments.
13. Commissioner Henley requested the item pulled
due to a voting conflict.
Public
Works
Engineering
Division
14. Approve and authorize the addition of the
Riverbend Placemaking Project to the list of projects for Exhibit C -Potential
Minor Roadway & Safety Projects of the Interlocal Agreement among Seminole
County, The School Board of Seminole County and the Signatory Municipalities pertaining
to the Shared Distribution and Use of the One-Cent Local Government
Infrastructure Surtax. (A-1378-15)
Traffic
Engineering Division
15. Approve and authorize Chairman to execute the
Fiber Optic Communications Network Interlocal Agreement between Seminole County
and the City of Winter Park. (A-1350-15)
Resource
Management
Business
Office
16. Approve and
authorize the Chairman to execute a Cost-Share Grant Agreement with the St.
Johns River Water Management District (SJRWMD) in the amount of $10,000 for the
Toilet Rebate Program and execute appropriate Resolution #2015-R-175 implementing
Budget Amendment Request (BAR) #16-002 through the Water and Sewer Fund to
recognize the grant revenue. (A-1302-15)
16A. Approve an additional part-time Veterans Court
Case Manager with the 18th Judicial Circuit Court fully funded
through the Resource Management Grants Fund in the Adult Drug Court
Discretionary Grant Program. (A-1464-15)
Budget
and Fiscal Management Division
17. Approve and
authorize the Chairman to execute appropriate Resolution #2015-R-176 implementing
Budget Amendment Request (BAR) #16-001 through the General Fund and 2014 Infrastructure
Sales Tax Fund in the amount of $115,000.00 to establish funding for the
Riverbend Placemaking Project. (A-1334-15)
18. Approve and
authorize the Chairman to execute a Cost-Share Agreement with the St. Johns River
Water Management District (SJRWMD) in the amount of $100,000.00 for the Lake
Jesup Shoreline Enhancement Project and execute appropriate Resolution #2015-R-177
implementing Budget Amendment Request (BAR) #16-006 through the Public Works
Interlocal Fund to recognize the grant revenue. (A-1397-15)
Purchasing
& Contracts Division
19. Second Assignment of
RFP-601666-13/TLR, Concessionaire Services at Seminole County Parks, from Hot
Dog Beach/Michael Dublin to Walter Miller, and authorize the Purchasing &
Contracts Division to execute the documents. (A-1391-15)
20. Award
RFP-601666-13/TLR - Preferred Vendor Listing for Park Concessions to Thomas J.
Bradley, Casselberry, revenue generating agreement user fee at 5%, and authorize
the Purchasing & Contracts Division to execute the Agreement. (A-1359-15)
21. Approve
Amendments to CC-5075-10/JVP with AJC Construction, LLC (Amendment #3) of
Orlando; and JCB Construction, Inc. (Amendment #4) of Orlando; to extend the
term of the Agreement until April 30, 2016, to allow for the re-solicitation of
the Master Services Agreement and authorize the Purchasing & Contracts Division
to execute the Amendments. (A-1358-15)
22. Award
IFB-602326-15/GCM, Term Contract for the Rental of Water Pumps and Related
Accessories to Thompson Pump & Manufacture Co., Inc., Port Orange (Primary Contractor)
and Hertz Equipment Rental Corporation, Sanford (Secondary Contractor),
estimated annual usage $50,000.00 and authorize the Purchasing & Contracts Division
to execute the Agreements. (A-1351-15)
23. Approve
Proprietary Source Procurement and authorize the issuance of Purchase Order(s)
to upgrade the VESTA Alert hardware in the amount of $47,479.00; and continuation
of the Annual Maintenance and Support of the Current Reverse 911 Services at
approximately $10,743.00 annually, with Airbus DS Communications, previously
known as Dialogic Communications Corporation. (A-1345-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
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Agenda Item #12 - A-1362-15
Regarding
Item #12, Agreement with Central Florida Zoological Society, Commissioner
Dallari stated he is very much in support of the Zoo and that is where these
monies will go; he believes the Zoo is a very good asset for Seminole
County. In the Agenda Memorandum
regarding the intent for some of these funds, it talks about UCF, Seminole
State, Stetson, as well as Rollins College; and he said these are all great
institutions. He added he has every
intention of approving the funds, but his only concern is that these funds
should be going towards general operations because in looking at the TDC
funding report, he sees there is actually a negative in their operational fund. He wants to ensure they are properly funding
the Zoo and the money goes to operations instead of the intended use as stated
in the Agenda Memorandum. Commissioner
Dallari read the following excerpt:
“Pursuance of higher educational programming to serve as a living
laboratory. To offer a two-year
professional program (associated degree and professional internships), which
would make Seminole County a destination of zoo-science candidates, those
seeking additional education, and research and training opportunities.” He stated that sounds great but due to the
state of the operational fund, he thinks that these funds should be used for
the everyday operations of the Zoo instead of branching out to other avenues
just yet.
Nicole
Guillet, County Manager, explained there are some limitations to what the TDC
funds can be used for, specifically, they are authorized to use those funds for
marketing. She knows that there is a
reference to operational activities, but she is not sure with respect to
non-profits that they are able to do that; however, they will confirm that the
funds are being used appropriately.
Also, that is one of the functions of the TDC. Commissioner Dallari stated he is aware of
that and believes these funds should be used for marketing as she said to bring
in more people to reduce that negative.
Commissioner
Henley stated they are running a big deficit and that one of the things the
Commissioners supported was the additional property for the Safari. He added he does not think they have had a
report on that in some time as to what the plans are or what progress, if any,
is being made in regard to that, and he hopes they will get an update sometime
in the near future.
Commissioner
Henley said regarding the money for the Zoo, he does not recall the use is
prohibited for operational repairs or upgrades or anything of that nature, but
it cannot be used for advertising and marketing in the local area, it has to be
outside of the region.
Motion by Commissioner Dallari, seconded by
Commissioner Henley, to approve and authorize the Chairman to execute an
Agreement with Central Florida Zoological Society, Inc. in the amount of
$225,000 for FY 2015-2016 for marketing, advertising, maintenance,
enhancements, repairs and improvements budgeted in the Tourist Development
Fund.
Districts 1, 2, 3, 4
and 5 voted AYE.
Chairman Carey
questioned whether the representatives from the Zoo would like to give the
update on the property that had been acquired for the Safari.
Charles Davis, Chairman
of the Board, and Philip Flynn, President and CEO of the Central Florida Zoo,
introduced themselves. Mr. Davis advised
they had met with a majority of the Commissioners but had not been able to meet
with Commissioner Henley due to scheduling.
Mr. Davis stated the
Zoo is heading in the direction of education.
In order to stay in the market and be viable in the market, they believe
they need to become a destination and not just a roadside animal park. They will keep relying on people coming to
the Zoo, but plan to branch out into a teaching facility. People would be able to get their AA
degree. Also they have had talks with Seminole
County Public Schools (SCPS) to help enhance their magnet programs with a
veterinarian program as well as Seminole State College. He added that is the direction they are going
in; however, they are in the early stages.
The additional land that was purchased will be used for the facility,
teaching classrooms and a clinical hospital, and they would expand the Zoo out
to accommodate the new buildings.
Chairman Carey stated
that Commissioner Constantine is the Board’s Zoo representative and asked that
he update the BCC on what is happening at the Zoo at least every quarter to
keep everyone in the loop. Commissioner
Constantine stated since the Zoo has started this new movement with the new
Executive Director and the Chairman, they have been moving in the direction of
education. And, as their plans get more
focused, they understand it is imperative that each BCC member is on board and
understands what that land is going to mean and what they are going to do with
it. He said they came to the conclusion
that it would be a losing proposition to have it as an animal safari-type
resort. He anticipates that the concept
will be focalized more over the next three to six months and representatives
from the Zoo will need to certainly get in front of each and every one of the
Board members.
Chairman Carey stated
they look forward to the updates and she thinks that having the educational
component in the veterinarian world (since they have that as a magnet program
and most of the kids have to go to Gainesville to be able to continue their
education) and to work with the local colleges for them to be able to do that
here locally would be good.
Commissioner Dallari
stated that Pet Alliance needs additional space and there could be some synergy
of adding them into the mix as well.
Also, he said he would like to see their business plan to see how this
makes sense financially.
Commissioner Dallari
questioned whether they should be amending the agreement with the Zoo because
the agreement talks about a Safari and that is how the money got
appropriated. Bryant Applegate, County
Attorney, stated as long as they are using the property for a public purpose he
believes they are fine, but they will take a look at the agreement to see.
Mr. Davis asked in
regard to the quarterly updates whether the Chairman would like these to be
through Commissioner Constantine or whether she would like the Zoo to come
present or meet with the Board members individually. Chairman Carey stated when the time is
appropriate, they should probably schedule individual meetings with the
Commissioners. She added she thinks it
is appropriate that Commissioner Constantine update the Board every quarter.
Commissioner Dallari
asked when they would be able to see the business plan. Mr. Davis said they can put one together and
get it back to them as soon as feasibly possible.
Mr. Davis advised that
they have redone their boardwalks and a lot of changes are happening at the
Zoo. They just opened up a Sprouts and
Seeds Garden in collaboration with News Channel 13.
Commissioner Horan
stated that Mr. Flynn made a presentation to the TDC regarding this initiative
and he would like to provide a copy to the Commissioners because he believes it
will answer a lot of their questions.
Mr. Davis said he would be happy to provide the copy to them
electronically. Chairman Carey added
that they would also like to see the supporting business plan.
Chairman Carey stated
that Commissioner Dallari had mentioned the Pet Alliance issue and she knows
there has been additional property that is adjacent to the Zoo and on main
roads that would be easy to access for the public. She said that may be something where the Zoo
could get with Pet Alliance and discuss with them about opportunities.
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Agenda Item #13 - A-1419-15
Motion by Commissioner Dallari, seconded by
Commissioner Horan, to approve and authorize the Chairman to execute an
Agreement with Red Raiders Baseball Club in the amount of $12,500.00 for a
total of six (6) countywide 2015 Grand Slam Youth Baseball Tournaments to be
held November 7-8, November 14-15, November 21-22, November 27-29, December
5-6, and December 12-13, 2015.
Commissioner Henley
abstained from voting and filed a Memorandum of Voting Conflict Form (received
and filed).
Districts 1, 2, 3, and 5 voted AYE.
COUNTY
ATTORNEY’S AGENDA
Agenda Item #24 – A-1421-15
Motion by Commissioner Horan, seconded by
Commissioner Henley, to approve an hourly rate increase for the law firm of
Fisher & Phillips, LLP from $210 per hour to $250 per hour with the new
rate commencing on November 1, 2015.
Districts 1, 2, 3, 4 and
5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion
by Commissioner Dallari, seconded by
Commissioner Henley, to approve the following:
Clerk’s Office (A-1393-15)
25. Approve
Expenditure Approval Lists dated September 29 and October 6, 2015; and Payroll
Approval List dated September 24, 2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Maryanne Morse, Clerk
of the Circuit Court and Comptroller, stated that as the Commissioners are
aware, the Clerk’s Office is split with regard to court and non-court
activities. On the non-court activities,
she has a check to present to the County because those are funds that were not
expended but are due to the County. She
said she believes they have done a good job with regard to non-court
activities; however, they are suffering tremendously on their court
activities. Their budget for FY 2014/2015
was $8.7 million, and as of October 1st for FY 2015/2016, it was
$7.7 million. Because most of her
expenses are staff related, they have been in somewhat of a bind getting the
work done. The Clerk’s Office also has
unfunded mandates that they have to comply with, so they are going to set the
court side away, and she has a check in excess fees on the non-court activities
in the amount of $511,724.35. Ms. Morse
then presented the check to the Board of County Commissioners.
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The Board noted, for
information only, the following Clerk’s “Received and Filed”:
1. Receipt for payment of Promissory Note for
payment in the amount of $1,511,245 from the City of Casselberry relating to
the Oxford Road Redevelopment Project and a letter dated 9/22/15 from the Seminole
County Attorney’s Office to the City of Casselberry with a copy of the original
Promissory Note marked “Cancelled” evidencing satisfaction of said note.
2. Closing documents related to the Frequency
Reconfiguration Agreement dated 5/13/10 with Nextel South, Inc. in connection
with the 800 MHz System.
3. Copy of Comprehensive Settlement Agreement
with Mollie Graham regarding the Sale, Purchase and Repurchase of Real
Properties located at 1044 Burnett Street, Oviedo and 1018 Black Willow Drive,
Oviedo.
4. Copy of Supplemental Release and Agreement
with Mollie Graham for Removal and Disposal of Damaged Personal Property.
5. Maintenance Bond #59BSBGY6017-A for water and
sewer facilities for the project known as Hampton Estates in the amount of
$38,541.42.
6. Copy of Irrevocable Standby Letter of Credit
from PNC Bank for Aerosim Academy, Inc. in the amount of $100,000; JGI approved
by the BCC 3/10/15.
7. Approval Development Order #15-30000079 for a
variance at 207 Ranch Road, David N. Cholak.
8. Conditional Utility Agreement for water and
sewer service with POP Florida Properties, LLC for the project known as
Popeye’s, Westwood Village Outparcel.
9. Conditional Utility Agreement for water and
sewer service with Central Florida Housing Partners II, LLC for the project known
as Tuscawilla Estates.
10. Work Order #5 to PS-0009-15, Metric
Engineering, Inc.
11. Work Order #6 to PS-0009-15, Pegasus
Engineering, Inc.
12. Work Order #7 to PS-0009-15, Metric
Engineering, Inc.
13. Amendment #1 to Work Order #12 to PS-2051-07,
Environmental Research & Design, Inc.
14. Amendment #7 to Work Order #41 to PS-4388-09,
HNTB Corporation.
15. Amendment #3 to Work Order #58 to PS-4388-09,
Inwood Consulting Engineers, Inc.
16. Amendment #4 to Work Order #32 to PS-5190-05,
CH2M Hill Engineers, Inc.
17. Change Order #8 to Work Order #6 to
RFQ-5888-10, Wharton Smith.
18. Work Order #11 to PS-6865-11, S2L, Inc.
19. Work Order #17 to PS-7643-12, AMEC
Environmental and Infrastructure, Inc.
20. Work Order #19 to PS-7643-12, AMEC
Environmental and Infrastructure, Inc.
21. Amendment #1 to Work Order #32 to PS-8047-12,
Nodarse, a Terracon Company.
22. Work Order #33 to PS-8047-12, Ardaman &
Assoc., Inc.
23. Work Order #13 to PS-8146-12, Amec Foster
Wheeler Environment & Infrastructure, Inc.
24. Amendment #1 to Work Order #31 to PS-8148-12,
CDM Smith, Inc.
25. Change Order #1 to Work Order #30 to
CC-8199-12, C.E. James Inc.
26. Work Order #2 to RFP-8721-13, VHB
MillerSellen.
27. Change Order #7 to CC-9081-13, Masci General
Contractor, Inc.
28. Change Order #5 to CC-9140-13, Sawcross.
29. Amendment #1 to Work Order #1 to PS-9462-14,
Ayres Associates, Inc.
30. Work Order #5 to PS-9738-14, Vanasse Hangen
Brustlin, Inc. (VHB).
31. Amendment #1 to Work Order #1 to PS-9742-14,
CH2M Hill Engineers, Inc.
32. Change Order #2 to CC-9859-14, Gibbs &
Register, Inc.
33. IFB-602346-15 with Chinchor Electric, Inc.
34. IFB-602346-15 with Traffic Control Devices,
Inc.
35. IFB-602356-15 with Innovative Data
Management, Inc.
36. Pet Rescue Cooperative Service Agreement with
Mid Florida Sheltie Rescue.
37. Parks Contract for Services with the
following: Brent J. Nichols, Christopher Taylor, Jacobo Salazar, Steven Davis,
John Janes, Paul Soost, John Wiley, Rebecca Toolsie, Erin McCullough, and
Manfred Schwarz.
38. Bids as follows:
IFB-602356-15 from Innovative Data Management, Inc.; and
RFP-9275-14 from Black Street Enterprises; CBRE, Inc.;
Collage Design & Construction; OM Engineering; PMA Consultants; Project
Management Advisors, Inc.;
Sheriff’s Office
Motion by Commissioner Constantine,
seconded by Commissioner Henley, to approve the following:
26. Approve the expenditure of $5,000.00 from the
Law Enforcement Trust Fund for a contribution to the Christian HELP Foundation,
Inc., a non-profit organization that seeks to prevent homelessness through job
placement and both material and spiritual support. (A-1403-15)
27. Approve the
expenditure of $1,000.00 from the Law Enforcement Trust Fund for a contribution
to the Central Florida Chapter of Concerns of Police Survivors (COPS), a
non-profit organization providing support to survivors and co-workers affected
by line-of-duty deaths. (A-1401-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S REPORT
Chairman
Carey distributed a copy of a letter (not received and filed) from the Florida
Department of Economic Opportunity (DEO) dated October 13, 2015 that states the
Seminole County Industrial Development Authority (SCIDA) has failed to comply
with Section 218.32 of the Florida Statutes in filing their Annual Report. She asked Ms. Guillet to reach out to their
director and also the County’s representatives on the SCIDA board to ensure
that they comply. She advised that
compliance is required by December 14th.
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Chairman
Carey stated she also received a letter from MetroPlan Orlando (copy received
and filed) which stated they are merging the Citizens’ Advisory Committee and
the Bicycle & Pedestrian Advisory Committee into one Community Advisory
Committee beginning January 2016. They
have asked the Commissioners to make three appointments for the new
committee. The BCC currently has seven
appointments right now and they have all expressed an interest in continuing to
serve with the exception of Keylor Chan, who has advised he is not interested
in continuing to serve. She asked the
board members to look at the names and mentioned they have two representatives,
Commissioners Dallari and Constantine, who serve on the MetroPlan board. She requested those Commissioners go back to
the MetroPlan with the names of those people that want to continue to serve who
have represented Seminole County so well.
For example, she said, Brindley Pieters is an engineer who totally
understands the transportation world and has served since 1996.
Commissioner Dallari agreed and
stated that Tom O’Hanlon lives in the Oviedo area and otherwise there is very
little representation from that part, especially the downtown; and he
understands it and has been there for quite some time. He advised that Mr. O’Hanlon represents the
City of Oviedo right now. Chairman Carey
added that the cities will have several appointments as well; Altamonte and
Sanford will both have appointments.
There will be 16 members appointed by the MetroPlan board and they do
have to make application.
Commissioner
Horan confirmed that those appointments will be to represent a particular area
or constituency. He said he recently
appointed Tony Tizzio who could serve under Transportation Disadvantaged.
Chairman
Carey asked Commissioners Dallari and Constantine as the County’s leaders on
the MetroPlan board to ensure those people are accommodated. The BCC also needs to come up with three
names to submit.
Commissioner
Dallari stated that he and Commissioner Constantine could bring back at the
next BCC meeting a list of names that they individually would recommend. Commissioner Constantine agreed.
Chairman
Carey said the next MetroPlan meeting will be held on the second Wednesday in
November and that will fall after the November BCC meeting.
Commissioner
Dallari advised that MetroPlan is moving to the SunTrust building in January
2016 and they will be taking the month of December to make that transition.
Ms. Guillet suggested that staff
meet with the Commissioners individually and based on that feedback, put
together a slate for the Board to consider at the next meeting for the appointment
by the Board as a whole and also work with Commissioners Dallari and
Constantine with respect to the names they recommend on behalf of the County to
the MetroPlan board. Chairman Carey
stated in addition to that, they should look at those applications which
Commissioner Henley’s aide keeps so the Board has looked at everybody who is
interested in serving before that list gets finalized. In addition to coordinating this, Ms. Guillet
can also coordinate with Harry Barley, MetroPlan Orlando Executive Director,
and others to make sure they are well represented.
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Chairman Carey advised she also
received a letter (not received and filed) from Noranne Downs, FDOT District 5
Secretary, in regard to renaming SR 415.
She stated they had asked that the portion to the county line be named
East Lake Mary Boulevard. Ms. Downs
advised it is not a problem and they will move forward with that.
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Chairman Carey stated the Board had
asked that she send a letter of support to the Department of Education for
Superintendent Griffin’s proposal about testing. She received a response letter (copy received
and filed) back from Pam Stewart, the Commissioner of Education.
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Chairman Carey reminded the Board
that she would like to have the appointments for the Oviedo Community
Redevelopment Agency (CRA) at the next meeting.
They have two appointments coming up and the appointees will start to
serve January 16, 2016. Commissioner
Dallari questioned whether they have to be residents of Oviedo or whether they
could just have a business in Oviedo.
Chairman Carey responded that the last time she brought this up, staff
was going to look at the requirements and get with the City of Oviedo to
confirm that. Ms. Guillet stated they
will get that information and when they talk about the MetroPlan appointments
with the Commissioners, they will discuss any recommendations anyone might have
for the CRA.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Letter
and enclosure dated September 24, 2015 from Ken Peach, Executive Director,
Health Council of East Central Florida, to Chairman Carey RE: attendance record
of BCC appointed members to Board of Directors.
2.
Copy of
letter and attachment from Chairman Carey to Harold Barley, MetroPlan Orlando
Executive Director, RE: Southeast Seminole County and Northeast Orange County
Transportation Study. (C: Seminole County Board of County
Commissioners; Orange County Board of County Commissioners)
3.
Copy of
letter dated September 25, 2015 from Roderick Henderson of The Foundation for
Seminole County Public Schools to the Board of County Commissioners RE: thank
you for donation to Midway Safe Harbor.
4.
Letter
dated September 25, 2015 from Stephen Smith, SAA Board Member, to Chairman
Carey RE: his appreciation for the County’s participation in the SFB
Incentive/Retention Plan.
5.
Letter
dated September 25, 2015 from Marva Johnson, Bright House Networks, to Chairman
Carey RE: upcoming changes to their cable programming lineup. (C:
Nicole Guillet, County Manager; Paul Louis, SGTV Program Manager; Michel
Champagne, Bright House Networks)
6.
Letter
dated September 29, 2015 from D. Ray Eubanks of the Florida Department of
Economic Opportunity to Chairman Carey RE: Seminole County Evaluation and
Appraisal Notification Letter due date.
7.
Letter
and enclosure dated September 30, 2015 from Cathy Galavis, Budget Supervisor,
Florida Department of Revenue, to Honorable Ray Valdes RE: his budget request
for office operation. (C: Board of County Commissioners)
8.
Letter
dated October 5, 2015 from Petrina Tuttle Herring of Florida Department of Law
Enforcement to Chairperson Carey RE: Contract No. 2015-JAGC-SEMI-8-R3-170. (C:
Captain Jennifer Jenkins)
9.
Letter
and attachments dated October 6, 2015 from David Johnson, Property Appraiser,
to Chairman Carey RE: 2015 Initial Certification of Taxable Value/Municipal
Fire District. (C: Edward Bass, Resource Management Director;
Ryan Switzer, Public Safety; Lisa Spriggs, Sheriff’s Office; Mary Hope,
Sheriff’s Office; Nicole Guillet, County Manager; Bruce McMenemy, Deputy County
Manager; Meloney Lung, Assistant County Manager; Cecilia Monti, Financial
Manager)
10.
Letter
and attachments dated October 6, 2015 from David Johnson, Property Appraiser,
to Chairman Carey RE: 2015 Initial Certification of Taxable Value. (C: Edward Bass, Resource Management; Ryan
Switzer, Public Safety; Lisa Spriggs, Sheriff’s Office; Mary Hope, Sheriff’s
Office; Nicole Guillet, County Manager; Bruce McMenemy, Deputy County Manager;
Meloney Lung, Assistant County Manager; Cecilia Monti, Financial Manager)
11.
Letter
and attachments dated October 6, 2015 from David Johnson, Property Appraiser,
to Chairman Brenda Carey RE: 2015 Initial Certification of Taxable
Value/Unincorporated Road Improvement District.
(C: Edward Bass, Resource
Management Director; Ryan Switzer, Public Safety; Lisa Spriggs, Sheriff’s Office;
Mary Hope, Sheriff’s Office; Nicole Guillet, County Manager; Bruce McMenemy,
Deputy County Manager; Meloney Lung, Assistant County Manager; Cecilia Monti,
Financial Manager)
12.
Copy of
letter and enclosure dated October 9, 2015 from Sean Gallagher of the Florida
Department of Agriculture and Consumer Services to Chairman Carey RE: 2014/2015
Annual Report for the Florida Forest Service accomplishments in the Fire
Control Program. (C: Bob Dallari, Commissioner, District 1; John
Horan, Commissioner, District 2; Lee Constantine, Commissioner, District 3;
Carlton Henley, Commissioner, District 4; John Fish, Chief, Forest Protection)
13.
Letter
dated October 9, 2015 from Harold Barley, MetroPlan Orlando Executive Director
to Chairman Carey RE: transportation study covering an area that includes
southeast Seminole County and northeast Orange County.
14.
Copy of
a letter and enclosures dated October 12, 2015 from Margaret Daniels, St. Johns
River Water Management District, to Seminole BCC RE: Water Well Construction
Permit 144015 located in Seminole County.
(C: District Permit File;
Contractor; Bill Adams)
15.
Copy of
a letter and enclosures dated October 12, 2015 from Margaret Daniels, St. Johns
River Water Management District, to Seminole BCC RE: Water Well Construction
Permit 044010 located in Seminole County.
(C: District Permit File;
Contractor; Bill Adams)
16.
Copy of
a letter dated October 13, 2015 from Jack Gaskins Jr., Florida Department of
Economic Opportunity to Amy Mulford, Registered Agent RE: Failure of the
Seminole County Industrial Development Authority to comply with Section 218.32,
Florida Statutes.
17.
Letter
dated October 14, 2015 from Pam Stewart, Florida Commissioner of Education, to
Chairman Carey RE: suggestions related to the Florida Standards Assessments
(FSA).
18.
Letter
and attachments dated October 14, 2015 from Traci Houchin, City of Sanford, to
Board of County Commissioners RE: Notice for Ordinance No. 4356, Annexation
request.
19.
Copy of
letter and enclosures dated October 14, 2015 from Margaret Daniels, St. Johns
River Water Management District, to Seminole BCC RE: Water Well Construction
Permit 144017 located in Seminole County.
(C: District Permit File;
Contractor; Bill Adams)
20.
Copy of
letter and enclosures dated October 14, 2015 from Margaret Daniels, St. Johns
River Water Management District, to Seminole BCC RE: Water Well Construction Permit 144018 located
in Seminole County. (C: District Permit File; Contractor; Bill Adams)
DISTRICT
COMMISSIONERS’ REPORTS
District 4
Commissioner
Henley remarked that he had planned to discuss the LYNX 2016 legislative priorities,
but he noticed their lobbyist, Mr. Setzer, and Tiffany Homler from LYNX staff are
in attendance.
Tiffany
Homler, Director of Governmental Affairs for LYNX, addressed the Board to
explain that their LYNX board will be taking a position on their legislative
priorities on November 12th.
She stated she is sure the Commissioners are aware of HB 155. There are three parts to that bill: a governance structure change; mandated
privatization of the LYNX transit management team (it does not talk about
operations); and an OPPAGA study to look at organizational structure,
operational efficiencies, etc.
Ms. Homler
advised the LYNX board held a work session on September 11th where
this was discussed and privatization is not being supported at this time. Also, there is hesitancy to talk about the
governance structure change. What was
discussed at the LYNX board work session was starting to evaluate and put
together action items, timelines, and issues of merging LYNX and SunRail
services. Since Representative Cortes
has filed his bill, they have had good conversations with him; he is open to
continuing the dialogue.
Ms. Homler
added they do have some legislative priorities such as the impacts of the I-4
Ultimate project on their transit operations at LYNX Central Station. They have 1,000 movements in and out of that
station a day. Because it is a
design-build project, there is not as much lead time as a design-bid-build, so
they will be asking the State for some funding on that project.
Ms. Homler
stated there is a 5th District Court of Opinion ruling that said
that the videos on their buses are confidential; however, it has had some unintended
consequences in sharing that with law enforcement officials. So, the Florida Sheriffs Association is
leading that charge and they hope to support that effort to not have to get
into confidentiality agreements with law enforcement.
Commissioner
Dallari stated that whoever takes over SunRail has to have the capacity for
right-of-way construction as well as a combination of right-of-way, and he has
not seen LYNX do that. He added he
thinks that the Expressway Authority of Central Florida would have more
capacity when it comes to maintaining right-of-way, establishing new
right-of-way, and construction of right-of-way.
Ms. Homler advised that will be one of the items on the “issues”
paper. One of the things that they spoke
to Representative Cortes about is looking at a consolidation study to outline
those types of issues as to which agency would be appropriate, whether there
are Interlocal agreements, and is it a legislative change. Commissioner Dallari said if it were just to
operate SunRail, he could see LYNX having the perfect framework to do that
because it makes sense. But when talking
about construction and expansion, he sees there could be some potential issues
there.
Chairman
Carey stated they have had brief discussions about this at the Central Florida
Expressway Authority (CFX) and because they are really in the toll collection
business and their revenue is tied to bond holders, she thinks it would be
difficult for them to look at a merger with SunRail. CFX has expressed that they don’t have an
interest in that potentially, and also they think that SunRail and LYNX,
because they have to work together in order for them to be successful, makes a
little more sense. She added that LYNX,
as the Central Florida Transportation Authority, has a lot of authority that it
does not use today. Commissioner Dallari
explained that he just wants to make sure moving forward that LYNX has the
ability to handle the right-of-way issues as well as the bonding capability
that is going to be needed.
Commissioner
Henley stated he has consistently been opposed to the merger with the
Expressway Authority. LYNX and SunRail
transport people, the Expressway Authority builds roads, and that is two
different things. There are a lot of
things that need to be looked at and one of the items is again trying to
mitigate the impact of the I-4 Ultimate project, because if they cannot get
support from the Legislature, then they come back to the funding partners to
pick that up with a budget amendment.
Upon
inquiry by Commissioner Constantine, Alex Setzer, Lobbyist, advised that so far
in the House, this bill has been referred to four committees, and so far in the
Senate there is no sponsor. Commissioner
Constantine stated this tells him it is not a real popular bill, not that the
Board should not be concerned about this but it does not look like it has a
great deal of popularity so far.
Commissioner
Horan stated that he and several of his colleagues were briefed yesterday by
District 5 representatives from FDOT about the status of SunRail in its first
year of operations and they talked somewhat generally about what this region is
going to do through its regional bodies to prepare itself for the operation of
SunRail, which of course HB 155 plays a role in. It seems to him they need to figure out as a
region how they convene some kind of a meeting or mechanism for taking over the
operation of SunRail, whether it is through LYNX or some kind of other entity
that has some taxing authority or something of that nature. He opined that without a dedicated funding
source, he does not see how this particular rail system succeeds. He would like to see the region convene
through whatever regional bodies they have to start seriously discussing these
things with the Legislature about how they are going to not just operate and
maintain the system, but how they are going to fund it. He added then that perhaps HB 155 has a
purpose beyond actually being a piece of legislation.
Commissioner
Dallari advised that MetroPlan has been working on this for quite some time
now, and they have looked at every aspect.
They have a committee that has been formed to look at this and as time
progresses, they refresh it. They talk
regionally between the three counties as well as bringing in Volusia County.
Chairman
Carey asked whether Commissioner Dallari would talk to his colleagues at
MetroPlan about the thought of convening some type of transportation summit to
talk about these issues. Commissioner
Dallari responded they have had this conversation every year for the past five
or six years. Commissioner Henley stated
for those that may not know, a considerable amount of work was done, a
committee was established and charged with the responsibility of identifying
every possible new source of revenue and what action would be necessary in
order to make it become a reality, whether it would take legislation or a
referendum. He added that all of that
has been researched and he is sure MetroPlan still has that information which
might help to expedite this because they have talked for years about a
dedicated source but nothing was ever done about it until MetroPlan appointed a
committee to do research.
Chairman
Carey added that the last time MetroPlan presented to the BCC, the study on funding
options was being finalized and this Board asked that they come back and give
an update, so maybe it is a good time to schedule Mr. Barley and the MetroPlan
group to come back and give an update to the Board.
Commissioner
Horan stated the Central Florida Transportation Authority, LYNX, has all kinds
of authority and empowerment that has been given to them in legislation and the
Charter, but they do not have the funding to execute it.
Chairman
Carey requested that Ms. Guillet schedule an update from MetroPlan. In addition she asked the Commissioners that
represent them on MetroPlan to express the discussion from today about trying
to move this forward and to suggest to the Legislature what they would like to
see as a region. Mr. Setzer added they
are fully aware of what was discussed today and the conversations they have had
include that at some point there will have to be some sort of funding source.
District 1
Commissioner
Dallari stated he was informed that Lake Picket North is going back to the
Orange County Commission in the March time frame. He wants to ensure this Board sees a copy of
their resubmittal and asked that Ms. Guillet have staff get a copy to each
Commissioner. Chairman Carey added they
can ask staff to monitor it closely like they did on the other submittals.
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Commissioner
Dallari advised there will be a community meeting on Thursday regarding the
widening of SR 417 to the Turnpike.
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Commissioner
Dallari thanked the Seminole County Fire Department for their efforts in
connection with the evacuation of the nursing home in Altamonte this past week
in addition to the other fire departments involved.
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Commissioner
Dallari announced that his aide, Fran MacDonald, will retire at the end of the
week. He commended her service to the
County of 29 years and her dedication to the job. He further announced that her replacement is
Kendra Edenfield who started yesterday and stated she has past experience as an
aide for a county in South Florida.
Several Commissioners expressed their gratitude and well wishes.
District 2
Commissioner
Horan advised he spoke to the Winter Springs Rotary last Friday morning
focusing primarily on the Sports Complex and economic development. He stated it is a great organization that
does many good things in the Winter Springs community including the funding of
the housing of foreign exchange students who attend Winter Springs High School.
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Commissioner
Horan stated he attended a fundraiser on the invitation of an organization
called IDignity. It has become very
active in the County through a local Lutheran church. They identified a particular facet of
homelessness which is the aspect that it is difficult at times to get the
proper identification needed. For
example, it is impossible to get a job without a social security number, a
driver’s license or identification. It
is a great thing for supplementing other homeless initiatives because this
function is performed by IDignity. He advised
he connected them with the Community Services department to ensure they are
fully integrated on all the homelessness initiatives by the County.
District 3
Commissioner
Constantine stated he attended the funeral of Fred Leonhardt of the
GrayRobinson law firm and shared in his passing with over 600 people.
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Commissioner
Constantine advised they had a Wekiva Commission meeting and a lot of
significant and important issues came up concerning not only the road, but the
river and what the Department of Health, Department of Economic Opportunity,
and the Department of Agriculture and Consumer Affairs were doing.
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Commissioner
Constantine advised the Greek Festival will be held at the Orthodox Church on
the weekend of November 5, 6, and 7.
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Commissioner
Constantine questioned the status of an ordinance that staff was going to
prepare after the work session with FWC (Fish & Wildlife Conservation Commission)
on “volunteerism 2” along with sharpening their pencils on the bear-proof
containers numbers. Ms. Guillet advised
they hope to bring an ordinance for the Board to consider at the December
meeting. She added staff is finalizing
the substantive points within that and over the next couple of weeks, they will
meet with each Commissioner to talk about where they are headed with that. She added Commissioner Constantine mentioned
“volunteerism 2” and stated they are looking at the ordinance as more of some
mandatory requirements with respect to managing waste. Commissioner Constantine stated he would like
to discuss with Ms. Guillet some ways to relook at the numbers. Ms. Guillet said they are still refining
those numbers and they are also working with the Community Relations staff to
try to present the financial information that is a little more consumer
friendly and helpful to the public. They
are still continuing to try to understand what the numbers will be at the end
of the day because as Commissioner Constantine stated, staff was still
developing the numbers when they came to the work session.
Commissioner
Dallari confirmed that staff is also looking at the contracts with the
haulers. Chairman Carey added that they
should also be talking to the manufacturers regarding the different sizes of
cans and what a program would look like not only with the haulers but with the
manufacturers if there is an automated system that could be provided. Commissioner Dallari commented that it was
not reported in the newspaper, but they did give staff very strong
direction.
Chairman
Carey stated in regard to the ordinance that is being drafted, that it will
include stiff fines and penalties as well.
In addition, many of the HOAs on the west side of I-4 are adopting their
own ordinances into their covenants and restrictions that also have fines and
penalties now that FWC has authorized those.
Ms. Guillet noted while this County is the first in Florida to tackle
this issue, they are not the first in the nation to do this, so they have been
reviewing how other jurisdictions that have been dealing with bear issues for
years now manage this issue. Upon
inquiry by Chairman Carey, Ms. Guillet stated there are a number of communities
that have adopted ordinances who have a mandatory requirement for securing
garbage; there are different ways to do that.
She has not come across one that has done a large-scale requirement
where the only option is to use bear-resistant cans. She added the trend seems to be to require some
level of securing garbage and bear-resistant cans are a part of that plan.
District 5
Chairman
Carey stated a presentation was done by the Florida Department of Health at the
Wekiva River Basin Commission meeting regarding the rulemaking activities for
the on-site disposal systems and treatments.
She has asked Carol Hunter, Environmental Services Director, to get the
presentation that was done. The report
has to be to the Governor and the Legislature by December 31st. She said she wants to make sure that the
Commissioners and staff are aware of what has been drafted. Commissioner Constantine advised that the
draft is on the Wekiva Commission’s website as well as the Regional Planning Council’s
website.
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Chairman
Carey stated the Rescue Outreach Mission’s 17th Annual Servants of
the People Luncheon is coming up tomorrow on Wednesday, October 28th,
at the Orlando Lake Mary Marriott. This
is the dedicated shelter for homelessness in Seminole County.
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Chairman
Carey advised the County will be hosting the Natural Lands Program 25th
Anniversary and that celebration will be on Saturday, November 7th, at
the Ed Yarborough Nature Center in Geneva Wilderness Area from 8:00 a.m. to
5:00 p.m. and will include a guided hike on the trails.
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Chairman
Carey listed the community Halloween events in the area.
County
Manager’s Report
Ms.
Guillet announced the Soldiers Creek work session will be rescheduled to a
later date. In addition, the one public
hearing scheduled for this afternoon has
been pulled and there will be no afternoon session today.
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There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 10:46 a.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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