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.
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.
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.
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.
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:
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)
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)
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.
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)
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.
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.
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.
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.
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.;
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 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.
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.
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.
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.
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
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.
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.
Commissioner Dallari advised there will be a community meeting on Thursday regarding the widening of SR 417 to the Turnpike.
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.
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.
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.
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.
Commissioner Constantine stated he attended the funeral of Fred Leonhardt of the GrayRobinson law firm and shared in his passing with over 600 people.
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.
Commissioner Constantine advised the Greek Festival will be held at the Orthodox Church on the weekend of November 5, 6, and 7.
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.
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.
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.
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.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:46 a.m., this same date.