BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 28, 2014
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 28, 2014,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Robert Dallari (District 1)
Vice Chairman Brenda Carey
(District 5)
Commissioner
John Horan (District 2)
Commissioner
Lee Constantine (District 3)
Clerk
of Circuit Court & Comptroller Maryanne Morse
Acting
County Manager Nicole Guillet
Deputy
County Attorney Lynn Porter-Carlton
Deputy
Clerk Terri Porter
Absent:
Commissioner
Carlton Henley (District 4)
Dr. Walt Person, Sanford Church of Christ, Sanford, gave the
Invocation.
Commissioner Constantine led the Pledge of Allegiance.
BUSINESS
SPOTLIGHT
The
Business Spotlight video for Advanced Eye Care was presented.
AWARDS AND PRESENTATIONS
Motion
by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate
Resolution #2014-R-206, as shown on page ________, recognizing Nathan Cross as
the 2013-2014 President of the Greater Orlando Builders Association for his
leadership, commitment, professionalism and achievements.
Districts
1, 2, 3 and 5 voted AYE.
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Motion
by Commissioner Horan, seconded by Commissioner Carey, to adopt appropriate
Resolution #2014-R-207, as shown on page ________, in appreciation to Joseph A.
Forte for his years of outstanding service to Seminole County Government and
its citizens, and to wish him well in his future endeavors.
Districts
1, 2, 3 and 5 voted AYE.
The
Resolution was presented to Mr. Forte who addressed the Board to express his
appreciation. The County Manager and
Commissioners also expressed their respect and appreciation to Mr. Forte for
his service.
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Andrew
Van Gaale, Seminole County Port Authority (SCOPA) Administrator, addressed the
Board to present a check in the amount of $500,000 from FY 2013/14 SCOPA
surplus funds. Michael McLean, Vice
Chairman of the SCOPA Board, addressed the Board to thank them for their
partnership and said they enjoy having Commissioner Carey as the liaison to the
Port Authority. Commissioner Carey
stated she looks forward to this time next year when they will be presenting a
$1 million check from those surplus funds.
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With
regard to public participation, no one spoke in support or in opposition to Consent
Agenda Items #1AA through #21 and public input was closed.
COUNTY MANAGER’S CONSENT AGENDA
Nicole Guillet, Acting County Manager,
advised that staff requests Item #5, Community Based Care of Central Florida,
Inc. ESG Subrecipient Agreement, and Item #15, Drainage Easement and Quit Claim
Deed near Lake Mills Road and Lake View Avenue, be pulled from the agenda. She
added that add-on items include #15A, Special Warranty Deed (Taylor Morrison of
Florida, Inc. to Seminole County) and a Quit Claim Deed (M&I Regional
Properties, LLC to Seminole County); Item #15AA, two Interlocal Agreements
between Seminole County and the City of Longwood related to the Weston Park
Project, specifically stormwater capacity and structured parking at the
Longwood SunRail Station; and Item #18A, a Resolution associated with the
Health Insurance Fund.
Chairman Dallari recognized the City
Manager of Longwood and thanked him for his attendance.
Commissioner Constantine stated he would
like to have Item #4 regarding Florida Housing Finance Corporation forms
required for State funding, and Item #19, Term Contract for “Loans At Work”
program through BMG Money, Inc., Miami, be pulled
for a separate vote.
Motion by
Commissioner Horan, seconded by Commissioner Carey, to authorize and approve
the following:
County Manager’s Office
Business Office
1AA.Approve and authorize the Chairman to execute
Service Agreements, as shown on page _______, for the following Civil Traffic
Hearing Officers for Year 2014/2015:
Christopher Morrison, Charles J. Cino, John A. Pascucci and Ava
Tunstall, effective the date of execution by the County and remaining in effect
until September 30, 2015, unless terminated as set forth in the Agreement.
Community Services
Community
Assistance Division
2. Approve and authorize the Chairman to execute the Continuum of Care
Program Grant Agreement, as shown on page _______, to receive $336,148 in
funding to assist chronically homeless individuals with rental assistance and
supportive services.
Community Development Division
3. Approve and accept the Neighborhood Stabilization Program (NSP)
monthly snapshot/report and properties acquired by Seminole County Government.
5. Pulled from the agenda
request to approve the Seminole County/Community Based Care of Central Florida,
Inc. ESG Subrecipient Agreement for Program Year 2014-2015 to provide rapid
re-housing services to homeless households through their Pathways to Home
Program.
6. Approve and authorize the Chairman to execute the Seminole
County/Seminole County Victims’ Rights Coalition, Inc. ESG Subrecipient
Agreement, as shown on page _______, for Program Year 2014-2015 to assist with
operating and maintenance costs for Safehouse’s emergency shelter facilities.
7. Approve and authorize the Chairman to execute the Community
Development Block Grant (CDBG) 2014-2015 Subrecipient Agreement, as shown on
page _______, between Seminole County and the Seminole County Housing Authority
to rehabilitate and re-pave the Seminole County Housing Authority-owned streets
and driveways within the complex.
P.A.Y. Division
8. Approve and authorize the Chairman to execute the Community Based
Care of Central Florida Agreement, as shown on page _______, (Year Five –
Children’s Mental Health Grant) to reflect the annual award of $1.5 million as
well as to carryover unobligated funds from Year Four to Year Five for
continued planning and implementation activities.
Development Services
Planning & Development Division
9. Approve the final plat for the Walden Cove Subdivision containing
32 lots on 18.11 acres zoned PD (Planned Development), located at the
intersection of Orange Boulevard and Walden View Drive, Taylor Morrison of
Florida, Inc.
10. Adopt appropriate Resolution #2014-R-208, as shown on page _______,
vacating and abandoning a 526-square-foot portion of a platted drainage
easement on Lot 23, Carrigan Woods, as recorded in the Public Records of
Seminole County in Plat Book 52, Pages 31 through 33, more particularly known
as 638 Carrigan Woods Trail, Yessica Quiros.
11. Approve and authorize the Chairman to execute the Release of Lien,
as shown on page _______, for Code Enforcement Board Case No. 10-141-CEB, at
700 S. Sweetwater Boulevard, Longwood, Tax Parcel #32-20-29-5DK-0E00-0030,
previously owned by Peter R. and Kimberly L. Smith and currently owned by
Deutsche Bank TR.
12. Authorize the release of Performance Bond #1019632 in the amount of
$1,076,852.30 for the project known as Sanctuary at Aloma, Vernon Priest.
Environmental Services
Utilities Engineering Division
13. Approve a Temporary Blanket Easement, as shown on page _______, in
order to supply power to a piece of County-owned property for Heathrow Well #2,
for the Heathrow Wellfield improvement project, Duke Energy.
Leisure Services
Tourism Development Division
14. Approve and authorize the Chairman to execute an Agreement, as
shown on page _______, with Central Florida Youth Tackle Football League, Inc.
in the amount of $6,500 to host the 2014 American Youth Football Southeast
Regional Football and Cheerleading Championship on November 20 through 23,
2014.
Public Works
Engineering Division
15. Pulled from the agenda
request to adopt a Resolution to accept a Drainage Easement for property near
the intersection of Lake Mills Road and Lake View Avenue to formalize the
continued maintenance of a drainage system and a Quit Claim Deed to clearly
define the right-of-way line where ambiguity exists.
15A. Adopt appropriate Resolution #2014-R-209, as shown on page _______,
and authorize the Chairman to execute a Special Warranty Deed, as shown on page
_______, Taylor Morrison of Florida, Inc. to Seminole County and a Quit Claim
Deed, as shown on page _______, M&I Regional Properties, LLC to Seminole
County for property in conjunction with the Plat of Thornbrooke, Phase 1, within
the city limits of Sanford adjacent to Narcissus Avenue, a County roadway.
15AA.Approve and authorize
the Chairman to execute an Interlocal Agreement, as shown on page _______,
between Seminole County and the City of Longwood relating to stormwater
capacity for the Longwood SunRail Station properties, and a Development
Agreement, as shown on page _______, regarding structured parking at the
Longwood SunRail Station.
Fleet/Facilities Division
16. Approve and authorize the Chairman to execute the Final Renewal, as
shown on page _______, to 25th Street (SR 46A) MVI Station Lease
with Ahoy Marine, Inc.
17. Approve and authorize the Chairman to execute the Second Renewal,
as shown on page _______, to Oak Groves Shoppes Lease between Seminole County
and MSKP Oak Grove, LLC.
Resource Management
Budget & Fiscal Management
18. Approve and authorize the Chairman to execute appropriate
Resolution #2014-R-210, as shown on page _______, implementing Budget Amendment
Request (BAR) #14-118 in the amount of $28,144,423 through the Tourist
Development Fund (3%) and the Sports Complex/Soldiers Creek Fund to amend
previously approved BAR #14-085. The Tourist
Development Fund was inadvertently identified for the project expenditure
budget, while the Sports Complex/Soldiers Creek Fund is the appropriate fund
for this project.
18A. Approve and authorize the Chairman to execute appropriate Resolution
#2014-R-211, as shown on page _______, implementing Budget Amendment Request
(BAR) #14-119 through the Health Insurance Fund to appropriate budget of
$600,000 from Reserves for payment of Blue Cross/Blue Shield final claims
invoice for FY 2013/14.
Purchasing & Contracts Division
20. Approve Single Source SS-602149-14/BJC, Purchase of Law Enforcement
and Fire Services Bronze Statues for the Heroes Memorial with American Bronze
Foundry, Sanford; and authorize the Purchasing & Contracts Division to
negotiate and execute the Purchase Order.
21. Revoke award of
RFP-602025-14/TLR, Financial Consulting Services for Federal Emergency
Management Agency (FEMA) and Federal Highway Administration (FHWA) Disaster
Reimbursement to Ernst & Young LLP, Orlando.
Districts 1, 2, 3, and 5
voted AYE.
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Request to approve the Florida Housing Finance Corporation forms
required for funding at the State level was presented.
Commissioner Constantine stated that Item #4 is regarding the
transmittal to the Florida Housing Finance Corporation of four different approved
projects from the Community Development Department and two of them are with a
company that he works with around the state of Florida on affordable
housing. He added that although it is
just approval of the forms, he will be abstaining from the vote.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the County Manager to execute the Florida Housing Finance Corporation forms for
Bromley Square, Durham Place, Monroe Place and City Park at Merritt Street,
which are required to receive funding
Districts 1, 2, and 5 voted AYE.
Commissioner Constantine abstained from voting and submitted a
Memorandum of Voting Conflict Form, as shown on page _______, into the record.
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Request to piggyback City of Miami Term Contract
for “Loans At Work” program was presented.
Commissioner Constantine stated this request is not the same but is
similar to the loans that are done with various companies around the state of
Florida. He requested that Mr. Frank
Ioppolo, Jr., the attorney representing BMG Money, Inc. in Miami, address the Board
to field some questions.
Commissioner Constantine explained that in
2002, the State of Florida passed a payday loan bill which has revolutionized
the industry because they are the toughest regulations on payday loans in the
nation. He explained that included in
that legislation is a requirement of consumer counseling if the individual is
having problems repaying their loan or requests it. He said that these are not considered payday
loans and are specifically for the County employees and they will have a much
lower, long-term interest rate. He
questioned whether BMG will offer the opportunity for consumer counseling in
the program. Mr. Ioppolo responded that
they do have consumer counseling and explained that prior to the application
being submitted online by an employee, they have to go through a budget screen
by putting in their information which will show clearly what the applicant can
afford. He advised there are also a variety
of screens which counsel them to go to a credit union or a bank first for a
lower rate if possible, and they provide in-person or online financial training
under the FDIC Smart Money program as often as the applicant chooses.
Commissioner Constantine advised that in
the legislation, they also have a maximum for each loan that has to be prepaid
at a 10% rate per 30 days. He requested
that Mr. Ioppolo discuss the much lower rates this program would provide. Mr. Ioppolo explained that these are consumer
loans which are governed by a different statute than the “presentment” or
payday loans. He stated there is a
minimum of six-month payments and a maximum of two-year payments, and the
interest rate is dramatically lower on an annual basis, which is designed to
give the borrower a period of time to repair their situation and build good
credit.
Commissioner Constantine stated that prior
to 2002, the insidiousness of the payday-loan industry was the rollovers and
how rollovers continued to increase as you paid off one loan with another loan,
and thereby getting potentially 2,000% interest as it went forward. He added that today in Florida, rollovers are
not allowed. Mr. Ioppolo advised that
borrowers are permitted no more than two refinances in any 12-month period and
the maximum that can be borrowed is $5,000.
Commissioner Horan commented that he
believes this shows how the private sector works in a very efficient way. He stated that coming out of the recession,
there are a lot of regulations on community banks, smaller banks and credit
unions that make it more and more difficult for a certain segment of the
population to access appropriate credit.
Chairman Dallari thanked Mr. Ioppolo for
bringing this to the staff and the Board.
Motion
by Commissioner Constantine, seconded by Commissioner Horan, to authorize the
piggyback of the City of Miami’s RFP-391314(17), Term Contract (Non-Exclusive
Payroll Deduction Plan Agreement) for the “Loans At Work” program to BMG Money,
Inc., Miami.
Districts 1, 2, 3 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion
by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Clerk’s Office
22. Approval of Expenditure Approval Lists, as shown on page _______,
dated October 1 and 6, 2014; and Payroll Approval List, as shown on page
_______, dated September 25, 2014; approval of the BCC Official Minutes dated
September 23, 2014; and noting, for information only, the following Clerk’s
“Received and Filed”:
1.
Fourth
Amendment, as shown on page _______, to RFP-601745-13.
2.
Second
Amendment, as shown on page _______, to IFB-601934-14.
3.
Amendment
#1, as shown on page _______, to Work Order #15 to PS-8186-13.
4.
Amendment
#3, as shown on page _______, to Work Order #11 to PS-5706-10.
5.
Work
Order #2, as shown on page _______, to PS-9093-13.
6.
Work
Order #73, as shown on page _______, to PS-3914-08.
7.
Amendment
#1, as shown on page _______, to Work Order #2 to PS-8186-13.
8.
Recorded
Conditional Utility Agreements, as shown on page _______, for Water & Sewer
service with Dimension Oviedo Venture, LLC for the project known as Sprint
Store.
9.
Amendment
#1, as shown on page _______, to Work Order #6 to PS-6658-11.
10.
Amendment
#1, as shown on page _______, to Work Order #11 to PS-8186-13.
11.
Amendment
#1, as shown on page _______, to Work Order #13 to PS-8186-13.
12.
Recorded
Scrivener’s Error Correction, as shown on page _______, for Development Order
#14-20500012, Lutheran Haven Extended Congregate Care, LLC.
13.
Amendment
#7, as shown on page _______, to IFB-601114-11.
14.
Recorded
Development Orders, as shown on page _______, for Alcoholic Beverage Licenses
as follows: #14-27500037, William D.
& Kathryn A. McKnight; and #14-32000006, Kitson & Partners.
15.
Approved
Development Orders, as shown on page _______, for Variances as follows: #14-30000059, Joyce Francesca; #14-30000061,
Bjorg M. Vacchiano; #14-30000062, Elissa MacKintosh; #14-30000063, Edward S.
& Jennifer H. Jarem; #14-30000065, Jody L. Lazarus; and #14-30000066, David
& Victoria Snyder.
16.
Denial
Development Order, as shown on page _______, #14-30000064, for a Variance, Gary
& Carol Hussain and Isaac L. Griffin.
17.
Recorded
Partial Release of Mortgage, as shown on page _______, for $54,500; Vanessa
Gionson, Mortgager; Charles R. Johnston, Mortgagee.
18.
Work
Orders #19 and #20, as shown on page _______, to RFP-5706-10.
19.
Work
Order #13, as shown on page _______, to RFP-5847-10.
20.
First
Amendment, as shown on page _______, to IFB-601404-12.
21.
Memorandum,
as shown on page _______, dated October 1, 2014 from Tammy Roberts, Purchasing
& Contracts, regarding RFQ-602067-14.
22.
Bids as
follows: CC-9753-14, RFQ-601892-13 and
IFB 602096-14.
Districts 1, 2, 3 and 5 voted AYE.
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Maryanne Morse, Clerk of the Court and
Comptroller, advised that they have not been able to provide the County with
excess fees on their non-court activities over the last few years. She explained that the Clerk’s Office has
three budgets every year: one for their
non-court activities, one for their court activities and one for County
Finance. She stated the amount of surplus
funds for this year is $536,219.94 and requested that since the Civil
Courthouse building had a phone system failure, that the majority of the money
be allocated and dedicated to the upgrade of the telephone system throughout
the County.
Chairman Dallari commented that the
Constitutional Officers and the County work very well together and the Clerk,
Property Appraiser, Tax Collector, Sheriff’s Office and Supervisor of Elections
have saved the taxpayers of this County an unbelievable amount of money through
the years. He concurred that the check
should be earmarked for the phone system replacement. The
Board voiced no objections.
Upon inquiry by Commissioner Carey, Ms.
Guillet advised the funds are not already in the budget and are totally new
dollars. She stated they intend to bring
back a more formalized plan in regard to the replacement of the phone systems
because they have been dealing with the immediate crisis at the Courthouse.
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Motion
by Commissioner Carey, seconded by Commissioner Constantine, to approve and
authorize the following:
Sheriff’s
Office
23. Approve expenditure of $2,500 from the Law
Enforcement Trust Fund to provide for a contribution to The South Seminole
Sertoma Club.
24. Approve expenditure of $50,000 from the Law
Enforcement Trust Fund to provide for a contribution to the Boys and Girls
Clubs of Central Florida.
Under discussion, Commissioner Horan explained how a significant
portion of the Law Enforcement Trust Fund came from the confiscation of
ill-gotten assets of the internet café organizations run by organized crime
under the guise of charity and the now disbanded Allied Veterans organization. He added it is nice to know that the money
that was supposed to go to Seminole County charities is now finally going to
those charities because of the bravery and public service of the Board and the
Sheriff’s Department.
Districts 1, 2, 3 and 5 voted AYE.
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Motion
by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Supervisor
of Elections’ Office
25. Approve and authorize the Chairman to execute
the Certificate of Matching Funds, as shown on page _______, contained within
the Memorandum of Agreement between the Florida Department of State and the
Seminole County Supervisor of Elections; and to execute appropriate Resolution
#2014-R-212, as shown on page _______, in the amount of $170,530 implementing
Budget Amendment Request (BAR) #15-011 through the General Fund to appropriate
grant funding for election activities.
Districts 1, 2, 3 and 5 voted AYE.
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Chairman Dallari advised that Commissioner
Henley is absent due to having a touch of the flu and he wishes him a speedy
recovery.
REGULAR AGENDA
Angela Singleton, Resource Management Financial Administrator,
addressed the Board to present a request to review the submittals for
RFQ-602067-14/TLR, Investment Banking Services for Seminole County, and approve
firm(s) to provide those services for the County. She introduced Meloney Lung, Resource
Management Interim Director; Ray Hooper, Purchasing & Contracts Division;
and Gary Akers, Seminole County’s financial advisor from First Southwest.
Ms. Singleton advised they received nine proposals for
investment banking services in response to the RFQ. Staff is requesting that the Board select
firms from those proposals and the method of sale, competitive or negotiated,
on bond issuances going forward.
Chairman Dallari stated that Ms. Singleton has been very
involved over the past several years with the rating of the County’s debt and
credit and in going to New York with some of the underwriters. He commended her for the work she has done
and said her abilities and leadership speak volumes for the credit rating of
the County.
Chairman Dallari stated they have selected four firms to form a
team in the past and he’d like to do that again, with one firm being the lead
underwriter. He opined the team approach
helped the County with their reviews by the rating agencies.
Commissioner Carey stated that regarding the competitive versus
negotiated method of sale, in 16 out of the last 20 years, it has fared better
for those that used negotiated rates.
She said she believes they have done that in the past and opined it is a
good process for them to continue. She
commended George Long of CitiGroup, stating he has been the most valuable
person in making sure that the Commission and community have their great bond
rating. She added it is a very valuable
service that they receive from the consultants they select.
Upon comments by Commissioner Horan, Ray Hooper, Purchasing
Manager, addressed the Board to advise the process of competitively bidding
bonds is not in the purchasing policies; it is in the financial policy. He stated that in the past, they went out to
vet those companies that were interested in providing these services to the
County, and they were then presented to the Board. The Board selected a number of firms to keep
in a non-contractual binding scenario that they would use when they decided to
go out to bond. It was a negotiation
based upon the pool of the selected firms.
Upon inquiry by Chairman Dallari, Mr. Hooper stated the
financial policy that the Board currently has effective is not the purchasing
policy. The financial policy does have
language that “whenever possible,” a competitive process will be utilized.
Commissioner Horan stated he believes that having a team that
consists of underwriters who can penetrate all of the markets, institutional
and retail, in particular areas of the country, and can effectively peddle their
debt, is the best way to go. He added
that their purchasing policy needs to be consistent with their actions for this
reason. He said interest rates can
change and things can go wrong with the issuance of debt.
Commissioner Horan questioned whether Section 22.5(F), Financial
Policies–Debt, applies only to a competitive situation and not to debt. Ms. Singleton responded that Section 22.5(F)
is part of the Administrative Code and Arnold Schneider, Assistant County
Attorney, is on the committee and helped write the policy. Commissioner Carey stated that Section 22.5
talks about their financial policy, and they are making this selection under
their purchasing policy. She said they
are clearly within their rights to move forward with the process of selecting
the desired firms. She added if they
want to take up the financial policy, Section 22.5 of the Admin. Code, at a
later date before they issue further debt, that it may be a good time to ensure
the policy is up to date.
Commissioner Horan stated the agenda item asks the Board to not
just select the underwriting firms, but asks them to identify the financial
delivery method they should use to issue their debt. He said he believes this goes too far and
thinks they should only be selecting their underwriting team today. Chairman Dallari agreed.
Commissioner Carey stated that history has shown that the cost
to put these loans out there has been less over a 20-year span by negotiating
the rate. She believes they should take
action today to do the selection and bring the policy back at a later date and
talk about what is really in the best interest, because if the competitive
process becomes the best, most economical way to do it, then that is what they
should be doing. She said their finance
policy should have enough flexibility to allow them to take advantage of the
market. There have been times where they
have had unsolicited proposals, which they look at regardless of the situation
because the Board’s job is to ensure they are managing and spending the money
to the benefit of the citizens of the County at the best rate, so it is
incumbent upon them to look at which is the best for them.
Upon inquiry by Chairman Dallari, Lynn Porter-Carlton, Deputy
County Attorney, stated that the Board has the option to select four
underwriting firms or all nine firms, as suggested by the Clerk of the
Court. Ms. Guillet concurred.
Commissioner Horan agreed with Commissioner Carey and stated
they are selecting underwriters right now for debt issuances that they know
nothing about. He said they should not
tie themselves down right now to a particular finance delivery method in terms
of issuing their debt in the future. He
added that they should make sure that the code policy is consistent with the
practice they are following. Further, he
said he believes that picking nine firms gets unwieldy. Chairman Dallari reiterated they have chosen
four in the past. Commissioner Carey
agreed that four should be chosen. Commissioner
Constantine stated that leaving the opportunity open for competitive or
negotiated in the future makes sense and agrees they should go back and look at
their policy. The consensus of the Board is that four firms should be chosen.
Chairman Dallari asked the Deputy County Attorney to pass out
the Board’s business cards (received and filed) for the purposes of selecting
the four underwriting firms in non-ranking order and stated that all nine of
the firms are in for consideration.
Attorney Porter-Carlton read the selections into the record as
follows: Chairman Dallari selected CitiGroup
Global, Merrill Lynch, Raymond James and Stifel Nicolaus; Commissioner Carey
selected CitiGroup, Stifel Nicolaus, J.P. Morgan and Raymond James; Commissioner
Horan selected J.P. Morgan, CitiGroup, Stifel Nicolaus and Raymond James; and
Commissioner Constantine selected Stifel Nicolaus, CitiGroup, Merrill Lynch and
Raymond James.
Attorney Porter-Carlton reported that all four Commissioners
chose CitiGroup, Stifel Nicolaus and Raymond James. There were two selections each for J.P.
Morgan and Merrill Lynch.
There was consensus of
the Board to move forward with choosing five firms.
Motion by
Commissioner Horan, seconded by Commissioner Carey, to select the following
five firms to provide investment banking services to the County under
RFQ-602067-14/TLR: CitiGroup Global
Markets, Inc.; Stifel, Nicolaus & Co., Inc.; Raymond James &
Associates; J.P. Morgan Securities, LLC; and Merrill Lynch, Pierce, Fenner
& Smith.
Districts 1, 2, 3 and 5 voted AYE.
Ms. Guillet confirmed that the Board would
like them to work on clarifying the policies.
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Ray Hooper, Purchasing & Contracts
Manager, addressed the Board to present the request to rank the four
most-qualified consultant proposals under PS-9742-14/RTB, General Engineering
Services Contract; authorize staff to negotiate rates with the top-ranked firm
in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act
(CCNA); and authorize the Purchasing & Contracts Division to execute one
Master Services Agreement (MSA) with the top-ranked firm under PS-9742-14/RTB,
(Estimated Annual Usage of $1 million).
Mr. Hooper advised that solicitation
PS-9742-14/RTB was publicly advertised and nine submittals were received. Staff conducted the initial evaluation based
upon the solicitation criteria and has identified the following short-listed
firms in alphabetical order: Atkins
North America, Inc.; CH2M Hill Engineers, Inc.; HDR Engineering, Inc.; and HNTB
Corporation.
Mr. Hooper distributed business cards (received
and filed) to each Board member for the purposes of ranking the four top firms.
Mr. Hooper read the rankings of each
engineering firm by each Commissioner into the record as follows: Chairman Dallari - (1) CH2M Hill, (2) HDR,
(3) Atkins, and (4) HNTB; Commissioner Horan – (1) Atkins, (2) CH2M Hill, (3)
HDR, and (4) HNTB; Commissioner Carey – (1) CH2M Hill, (2) HNTB, (3) Atkins,
and (4) HDR; and Commissioner Constantine – (1) CH2M Hill, (2) Atkins, (3)
HNTB, and (4) HDR.
Commissioner Constantine stated that three
out of four Commissioners selected CH2M Hill first and Commissioner Horan
stated he would change his first choice to CH2M Hill, making the Board’s choice
unanimous.
Motion
by Commissioner Constantine, seconded by Commissioner Carey, to establish CH2M
Hill Engineers, Inc. as the top-ranked firm; authorize staff to negotiate rates
with the top-ranked firm in accordance with F.S. 2878.055, the Consultants
Competitive Negotiation Act (CCNA); and authorize the Purchasing &
Contracts Division to negotiate and execute one Master Services Agreement (MSA)
with the top-ranked firm under PS-9742-14/RTB, MSA for General Engineering
Services Contract, as shown on page _______, (Estimated Annual Usage of $1
million).
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Carey stated that it is
unusual to end up having to go to a number two firm after selection; however,
it does happen from time to time. She
advised they currently have continuing design contracts and one of the
contenders, HNTB, has that contract right now and all of them will expire in
June, therefore, in February that will be going out for RFP again. She added that you cannot do design if you
are the program manager. She said that
Atkins has a current CEI contract for projects under $2 million, and they were
recently selected, so they are in a situation where if they are selected for
this, they would have to give up that contract.
She explained that this information is the reason she ranked HNTB as
number two and because of their performance and the comments that she read. Also, their contract is coming up for
expiration. She further explained that
the only reason she didn’t put HDR as number two was due to some of the
comments from staff about issues.
Motion
by Commissioner Constantine, seconded by Commissioner Horan, to establish
Atkins North America, Inc. as the second-ranked firm under PS-9742-14/RTB, MSA
for General Engineering Services Contract.
Districts 1, 2, 3 and 5 voted AYE.
COUNTY MANAGER’S AND STAFF
BRIEFINGS
The Board noted, for information only, the Informational Budget Transfer
Status Report for FY 2013/14 (September 2014).
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Ms. Guillet advised that Item #28A is in
connection with the Emergency Purchase Order for the telephone system that the
Clerk of Court referred to earlier. She
said they had a catastrophic failure of the phone system in the Civil
Courthouse. She commended Tony Qualls,
Chief Informational Officer, and his staff for keeping things up and running as
much as possible after the phone system failure. She advised the estimated amount totals
$218,000. She added they will be
bringing back a larger-scale plan.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to ratify the
expenditure of funds for the purchase of hardware and data cabling needed to
replace the failed Nortel PBX Telephone Switch at the Civil Courthouse in
Sanford.
Under discussion and upon inquiry by
Commissioner Horan, Tony Qualls, Chief Informational Officer, addressed the
Board to explain that there are two specific locations within the Civil
Courthouse and they are trying to keep the scope as narrow as possible. He confirmed that this will provide an
operational system that will serve as a platform for the future and that this
is a permanent solution for the Civil Courthouse. He stated that the system will enable them to
start looking at other critical buildings that includes Public Safety, the
County Services Building, and the Five Points area and they can continue to
build onto the system.
Clerk of Court Maryanne Morse explained
that they have renovated on the first floor of the Civil Courthouse and are
using a great many power poles that feed into the modular unit which makes it a
lot easier. However, on the fourth
floor, there have been only partial renovations on the east side of the
building, and that renovated portion does have power poles. The courtrooms on the second and third floors
do not, which will be a big issue on the north and south ends of the
building. She said that the west side of
the fourth floor will be a major issue because it hasn’t been renovated at all.
Commissioner Horan stated there is an
inadequate platform in the Civil Courthouse with regard to the technology that
exists today; there is no infrastructure for courtroom presentations, etc. He opined they need to figure out what they
are going to do with the building, whether they are going to continue to use
it, renovate it or build another. He
added that money is not saved by deferring an expense because the expense is
then deferred to a time when it will cost more to fix. He said he wants to ensure that when they
come up with a fix, it is a fix that takes advantage of the opportunity to go
ahead and provide the infrastructure that will provide a service and a value
that can be put on a financial statement.
Mr. Qualls advised that this is not a patch
or something to get them through temporarily.
It is a phone system for the entire building that will be able to
provide services for Judicial, the Sheriff’s Office, and the Clerk of Courts. He stated they are building something that is
permanent, something that will provide the service levels that they need and
want, as well as be able to provide additional service in the future.
Districts 1, 2, 3 and 5 voted AYE.
Chairman Dallari thanked Mr. Qualls and his
staff for their hard work and efforts and asked the Clerk to thank her staff as
well.
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Ms. Guillet requested confirmation from the
Board for the appointment of Edward Bass as the Resource Management
Director.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to confirm the County
Manager’s appointment of Edward Bass as the Resource Management Director.
Districts 1, 2, 3 and 5 voted AYE.
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Mr. Guillet requested confirmation from the
Board for the appointment of Carol Hunter as the Environmental Services
Director. She advised that Ms. Hunter
would be able to start on January 5, 2015.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to confirm the appointment
of Carol Hunter as the Environmental Services Director beginning January 5,
2015.
Districts 1, 2, 3 and 5 voted AYE.
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Mr. Guillet requested confirmation from the Board for the
appointment of Tina Williamson as the permanent Director of the Development
Services Department.
Motion by
Commissioner Horan, seconded by Commissioner Carey, to confirm the appointment
of Tina Williamson as the Development Services Director.
Districts 1, 2, 3 and 5 voted AYE.
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Mr. Guillet advised that she has appointed Bruce McMenemy, who
is currently the Chief Deputy Clerk in the Clerk’s Office, to replace Mr. Joe
Forte as the Deputy County Manager, beginning November 10, 2015.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to confirm the appointment
of Bruce McMenemy as the Deputy County Manager beginning November 10, 2014.
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Districts 1, 2, 3 and 5 voted AYE.
Ms. Guillet presented a request for approval to submit a grant
application through the Florida Recreational Development Assistance Program
(FRDAP). She requested authorization to
apply for the grant and advised the deadline is on October 31. She stated the grant is in the amount of
$200,000 which will require a $200,000 match from the County. The intention is to make some improvements at
Wayside Park on Lake Monroe. She advised
that if the grant to Seminole County is approved, the allocation of matching
funds will be presented to the BCC for final approval of that expenditure next
summer. A memorandum to the BCC
regarding Wayside Park Grant Application was received and filed.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve the request to
submit a grant application through the Florida Recreational Development
Assistance Program (FRDAP) in the amount of $200,000 which will require a
$200,000 match from the County in 2015 in order to make improvements at Wayside
Park located at Lake Monroe.
Districts 1, 2, 3 and 5 voted AYE.
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Ms. Guillet stated there was discussion at
the last meeting with regard to moving forward with an Ordinance to deal with
previously improved, abandoned properties.
They intend to bring the Ordinance to the Board at the November 18th
BCC Meeting.
Tina Williamson, Development Services
Director, addressed the Board to advise they are proposing changes to Chapter
95 of the County Code of Ordinances. The
first change would be to amend the definition of lands or premises from
“limiting the distance to 300 feet from any structure” to “any previously improved
property regardless of distance from a structure.” They also propose to change the definition of
uncultivated vegetation from its current limit of 24 inches to 12 inches. They believe that this will handle the
maintenance issues they have been seeing with abandoned golf courses and make
an improvement in code enforcement opportunities for other properties.
Commissioner Carey stated that golf courses
don’t necessarily have improvements on them and she wants to ensure they are
addressing that and are careful not to get into a situation where agricultural
properties would come into play because when growing hay for example, you want
it to be three feet high before you are baling it. She said she wants to ensure it is very
specific.
Upon inquiry by Chairman Dallari, Ms.
Williamson advised staff will be bringing forward a definition of “improved” to
go along with this that will include golf courses.
Ms. Williamson advised that under
uncultivated vegetation, crops or pasture lands being used for grazing or
haying are specifically excluded.
Commissioner Constantine stated that
recreational zoning is different than an already improved-upon commercial
property and they should have that distinction in the Ordinance.
Chairman Dallari confirmed with Ms.
Williamson that she will be briefing the Commissioners individually prior to
bringing it back to the Board. Upon
inquiry by Commissioner Horan, Ms. Williamson advised they will be finishing up
the language this week and will then set up the briefings.
COUNTY ATTORNEY’S BRIEFING
Lynn Porter-Carlton, Deputy County
Attorney, expressed her gratitude to Joe Forte and wished him well in his new
endeavor.
PUBLIC HEARING
Amendments to the Text
of the Comprehensive Plan
Chairman
Dallari confirmed that the Public Hearing continued from the August 12, 2014
and September 23, 2014 BCC meetings, to consider adoption of an Ordinance
amending the Introduction, Conservation, Future Land Use, Implementation and
Transportation Elements of the Seminole County Comprehensive Plan #2014.TXT02,
has been cancelled.
CHAIRMAN’S REPORT
Chairman Dallari advised that UCF is
seeking a grant for restoration of the old School Board building in
Sanford. They are asking the cities, the
County and the School Board to sign a letter of support (copy received and
filed). The structure was built in 1902
and has been placed on the National Register of Historic Places. Chairman Dallari requested approval to sign
the letter of support.
Motion
by Commissioner Horan, seconded by Commissioner Carey, to authorize the
Chairman to sign the letter in support of a grant for the restoration of the
old School Board building in Sanford, which is now the UCF Public History
Center.
Districts 1, 2, 3 and 5 voted AYE.
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Chairman Dallari submitted a letter
(received and filed) he received from the Florida Department of Health in
Seminole County in regard to revenue shortfalls from the State for
operations. He said he is not seeking
direction at this time, but he would like to ask the County Manager to meet
with Dr. Swannie Jett and report back at a later date.
Commissioner Carey stated they don’t know
how ObamaCare will affect health centers and particularly the local health
departments which are State agencies.
She believes they should do a thorough analysis to see if maybe they are
now providing services that were added throughout history because of the
requirement and demand, and now maybe those demands have changed and they
should get back to providing the shortfall in the gap rather than trying to be
a healthcare center. She added she would
like to understand the State’s position too because the State has obviously
changed their funding for a reason.
Commissioner Horan stated that chief among
the changes affecting the Health Department is the transition from Medicaid to
Managed Care. He agrees with
Commissioner Carey that they need to get a measured mile on the effects of the
Affordable Care Act and also the Medicaid/Managed Care transition before they
make major policy decisions as to how they are going to address this public
policy issue. He believes there will be
more and more pushing of responsibility towards local governments for essential
public health and public safety needs.
The history of the State government is to push these responsibilities
through unfunded mandates or things that result in unfunded mandates to local
governments.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and
filed:
1.
Letter
dated October 14, 2014, from Flora Maria Garcia, United Arts of Central
Florida, to Chairman Robert Dallari RE: Appreciation for ongoing support for
United Arts of Central Florida and the work it does on behalf of arts, science
and history in Seminole County.
2.
Copy of
letter dated October 14, 2014, from Chairman Robert Dallari to Bob Hunter,
Seminole County Animal Services Manager, RE: Appointment of Heather Smith to
the Animal Control Board.
3.
Letter
with attachment dated October 15, 2014, from Sandra Smith, City of Casselberry,
to Chairman Robert Dallari RE: Voluntary annexation of property located at 115
Wilshire Boulevard, Casselberry.
4.
Letter
with attachment dated October 16, 2014, from Barb Graff, Emergency Management
Accreditation Program, to Chairman Robert Dallari RE: Notification that
Seminole County’s emergency management program has been granted full
accreditation by the Emergency Management Accreditation Program.
5.
Letter
with attachment dated October 16, 2014, from Traci Houchin, City of Sanford, to
Chairman Robert Dallari RE: Notice for Ordinance No. 4325.
6.
Letter
with attachment dated October 20, 2014, from Sean Snaith, University of Central
Florida, to Chairman Robert Dallari RE: University of Central Florida
Institute’s 3rd Quarter 2014 edition of the U.S. Forecast.
7.
Notice
of Quasi-Judicial Public Hearing received October 23, 2014, from City of Longwood,
RE: Ordinance No. 14-2052 approving a Development Agreement between Seminole
County and the City of Longwood regarding structured parking at the Longwood
SunRail Station.
8.
Notice
of Public Hearing received October 24, 2014, from City of Longwood, RE: Special
Exceptions for Heritage Village Commons.
9.
Letter
dated October 24, 2014, from Marva Johnson, Bright House Networks, to Chairman
Robert Dallari RE: Upcoming programming changes to Bright House Networks
customers.
DISTRICT COMMISSIONERS’ REPORT
Commissioner Constantine announced that the
Wekiva River Basin Commission will be at Wekiva Island on October 30th
at 2:00 p.m.
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Commissioner Constantine advised the Rescue
Mission’s Servants of the People luncheon will be October 29th at
the Lake Mary Marriott.
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Commissioner Constantine advised the
Altamonte police will be having their Halloween trick-or-treat around the lake
at Cranes Roost Park.
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Commissioner Constantine stated he enjoyed
the employee and family art contest on October 16th and the artwork
is currently displayed along the corridors of the County Services Building.
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Commissioner Constantine said it was
exciting to see the Orlando City Soccer Stadium groundbreaking on October 16th
with all the fans walking down Church Street to attend.
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Commissioner Carey stated she is the
representative on the Regional Homeless Coalition for the Board and she had
reported earlier that they have taken the approach, because everyone’s issue is
different with homelessness, that they will have subcommittees. They had the first Sanford/Seminole County
Homelessness Subcommittee meeting on October 20th. They discussed the trip that Chairman Dallari
went on to Houston to look at how the City of Houston turned their situation around
in dealing with their homeless issue.
She added that Valmarie Turner, Community Services Director, and her
staff have done a wonderful job ensuring that they stay on the “housing first”
track. Whether it is chronic
homelessness or family homelessness, those with successful programs believe
that “housing first” is the approach that needs to be taken. She advised that she is trying to develop a
homelessness plan to bring back to the Board hopefully for some type of
adoption to move to the next steps and really address the homeless situation in
the community.
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Commissioner Carey stated she would like to
know when the “panhandling ordinance” will be brought before the Board because
it continues to be an issue in the unincorporated areas. She has had a couple of calls where people
have actually tapped on someone’s window.
Attorney Porter-Carlton stated she will check the status with the
attorney that is assigned to drafting that.
Chairman Dallari advised they would like to see it brought back at the
November 18th BCC meeting. He
would also like all the Commissioners to be briefed individually prior to
that. He stated that there is a meeting
scheduled with the City Manager of Orlando tomorrow.
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Commissioner Carey stated that the Servants
of the People luncheon that Commissioner Constantine mentioned is to benefit
the Rescue Outreach Mission which is the certified homeless shelter in the
County.
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Commissioner Carey reported on the
Halloween activities planned for October 31st in the cities of
Sanford, Lake Mary and Oviedo.
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Commissioner Horan commented that there has
been increased panhandling activity due to a court case that invalidated a lot
of the provisions common to many local ordinances. He added they are not trying to address those
that are truly needy and trying to get help, but they are trying to address a
problem that relates to “professional” panhandlers who are targeting their
areas and taking advantage of the fact that the enforcement mechanism right now
is not as good as it can be.
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Upon inquiry by Commissioner Horan, Ms.
Guillet stated the City of Casselberry’s Fire Department will be addressed at
the BCC meeting on December 9th.
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Commissioner Horan stated that in February
2015, “Celery Soup” will be at the Performing Arts Center for a two-night
performance. He explained that there are
all types of partnerships and possibilities of arrangements that he will be
exploring as liaison to the United Arts Board and the local arts groups.
Commissioner Carey stated that the Princess
Theatre has four different groups working out of there and it is one of the
oldest theatres they have in Seminole County.
She reported that she has asked Ms. Guillet to look at the big picture
including the Performing Arts Center when she starts to look at the budget for
next year.
COUNTY MANAGER’S REPORT
No report.
COUNTY ATTORNEY’S REPORT
No report.
ITEMS FOR FUTURE AGENDA
John Casselberry, 700 S. Lost Lake Lane,
addressed the Board regarding a service tax as a substitute for ad valorem
taxes instead of an addition to State revenue that they probably don’t
need. He stated that people voted for a
service tax years ago and the Legislature cancelled it after a few months; it
may have been that they were bringing in too much money. Mr. Casselberry discussed Total Impact of
Sales Tax Exemptions and Exclusions, 2009-10 State Tax Preferences, and 2013
Taxes Levied by County (received and filed).
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Chairman Dallari
advised that a Work Session is being held immediately following the BCC meeting
in Room 3024.
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There being no further
business to come before the Board, the Chairman declared the meeting adjourned
at 11:30 a.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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