BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
NOVEMBER 18, 2014
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:00 a.m., on Tuesday, November 18, 2014, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Robert Dallari (District 1)
Vice Chairman Brenda Carey (District 5)
Commissioner-elect John Horan (District 2)
Commissioner Lee Constantine (District 3)
Commissioner-elect Carlton Henley (District 4)
Clerk of Circuit Court & Comptroller Maryanne Morse (late)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Erin Leben
Commissioner Henley gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
Clerk of Circuit Court, Maryanne Morse, entered the meeting at this time.
Commissioner-elect John Horan, who was accompanied by his wife, Joette, came forward to be sworn in.
The Honorable Judge Donna McIntosh administered the Oath of Office to Commissioner John Horan.
Commissioner Horan thanked his family and everyone for their support and hard work in contributing to his campaign. He thanked County staff and his fellow Commissioners.
Commissioner-elect Carlton D. Henley, who was accompanied by his wife, Peggy, came forward to be sworn in.
The Honorable Judge Donna McIntosh administered the Oath of Office to Commissioner Carlton D. Henley.
Commissioner Henley stated he has always considered it an honor and privilege to work with County staff and his colleagues. He thanked everyone for the opportunity to serve Seminole County for the next four years.
The Business Spotlight video for Sanford International Airport was presented.
AWARDS AND PRESENTATIONS
Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt appropriate Resolution #2014-R-213, as shown on page ________, recognizing Cynthia Sweet, Senior Planner, Development Services Department, Planning and Development Division, for thirty-five (35) years of service to the Seminole County Government and its citizens, upon her retirement on December 2, 2014.
Districts 1, 2, 3, 4 and 5 voted AYE.
Cynthia Sweet, Planning and Development, addressed the Board to express her gratitude for her resolution. She stated it has been a pleasure to serve the citizens of Seminole County. She thanked her co-workers and daughter for attending.
Chairman Dallari recessed the meeting of the Board of County Commissioners at 9:29 a.m., and convened at 9:37 a.m. as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. HWY 17-92 CRA
Cecilia Monti, Resource Management, addressed the Board to present request to approve a Resolution implementing FY 2013/14 Budget Amendment Request (BAR) #14-122 moving $177,182 in cancelled/excess project budgets to the 17-92 CRA Fund contingency reserves and FY 2014/15 Budget Amendment Request (BAR) #15-018 in the amount of $4,620,056 to carryforward unexpended project funding in the 17-92 CRA Fund from the FY 2013/14 Budget to the FY 2014/15 Budget. She presented the request as outlined in the Agenda Memorandum.
No one spoke in support or in opposition.
Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt appropriate Resolution #2014-R-214, as shown on page ________, implementing FY 2013/14 Budget Amendment Request (BAR) #14-122 moving $177,182 in cancelled/excess project budgets to the 17-92 CRA Fund contingency reserves and appropriate Resolution #2014-R-215, as shown on page ______, implementing FY 2014/15 Budget Amendment Request (BAR) #15-018 in the amount of $4,620,056 to carryforward unexpended project funding in the 17-92 CRA Fund from the FY 2013/14 Budget to the FY 2014/15 Budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari adjourned the U.S. 17-92 CRA meeting at 9:40 a.m. and reconvened as the Board of County Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
No one spoke in support or in opposition.
Nicole Guillet, County Manager, stated staff is requesting Item #5, Resolution amending the Seminole County Administrative Code, Section 24.15, Personnel Policies & Procedures; Item #36, Resolution amending the Seminole County Administrative Code to establish fees necessary for the registration of the foreclosed properties program; and Item #37, Request to piggyback Hernando County RFP #14-R00092/TKB, be pulled from the agenda. She stated staff would like to request that Add-on Item #5A, Promise Zone Application to the U.S. Department of Housing and Urban Development (HUD), and Item #26, Refunding of the County’s Water and Sewer Bonds, Series 2005 and 2006, and Sales Tax Bonds, Series 2005A, be moved to the Regular Agenda so staff can make their presentations. She added that Public Hearing Item #52, Seminole County Code of Ordinances Amendment, has been pulled from the agenda. She advised staff intends to bring that item back at the December 9, 2014 BCC meeting.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:
County Manager’s Office
5. Pulled from the agenda request to adopt appropriate Resolution amending the Seminole County Administrative Code, Section 24.15, Personnel Policies & Procedures, Sub-Section 504.0 (1), Holidays, revising the schedule for the Christmas Day holiday.
6. Approve and authorize the Chairman to execute an Agreement, as shown on page ______, for Assumption of Mortgage with Iris F. Ashley for the SHIP affordable housing mortgage encumbering the real property located at 2490 W. 18th Street, Sanford.
Community Assistance Division
7. Approve and authorize the Chairman to execute a Memorandum of Understanding (MOU), as shown on page ______, with Aspire Health Partners to provide in-kind match in the form of supportive services/case management for chronically homeless households enrolled in the Department of Housing and Urban Development (HUD) Continuum of Care and Shelter Plus Care Grant Programs.
Community Development Division
8. Approve and authorize the Chairman to execute the Seminole County/Rescue Outreach Mission of Central Florida, Inc. ESG Subrecipient Agreement, as shown on page ______, for Program Year 2014-2015 to assist with operating and maintenance costs for Rescue Outreach Mission's emergency shelter facilities.
9. Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government.
10. Approve and authorize the Chairman to execute the First Amendment, as shown on page ______, to the Seminole County, City of Casselberry, and Habitat for Humanity of Seminole County and Greater Apopka, Florida, Inc. HOME Subrecipient Agreement Program Year 2013-2014.
Planning & Development Division
11. Authorize the Chairman to execute the Release of Lien, as shown on page ______, for Code Enforcement Board Case No. 99-32A-CEB, at 107 N. Sunland Drive, Sanford, Tax Parcel #14-20-30-501-0P00-0040, previously owned by Lloyd J. Agrue and Marcus Peters and currently owned by 21st Mortgage Corporation.
12. Authorize the Chairman to execute the Release of Lien, as shown on page ______, for Code Enforcement Board Case No. 13-95-CEB, at 200 Cove Lake Court, Longwood, Tax Parcel #32-20-29-509-0B00-0060, filed against JP Morgan Chase Bank.
13. Authorize the Chairman to execute a Satisfaction of Lien, as shown on page ______, in the amount of $1,065.46 associated with the property located at 700 South Sweetwater Blvd., Longwood, Tax Parcel #32-20-29-5DK-0E00-0030, filed against Peter R. and Kimberly L. Smith, Applicant.
14. Authorize release of Performance Bond #103878549 in the amount of $38,500 and accept replacement Performance Bond #CMS0272510, as shown on page ______, in the amount of $38,500, for a communication tower site located at 1113 Snow Hill Road, Geneva; SBA Towers, LLC, Applicant.
Solid Waste Management Division
15. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page ______, for GES Waste, LLC, effective from October 1, 2014 through September 30, 2015.
16. Approve and authorize the Chairman to execute the Electric Service Agreement, as shown on page ______, with Duke Energy for Underground Commercial Development at the Heathrow Well Pump #2.
17. Approve and authorize the Chairman to execute the Utility Work by Highway Contract or Agreement, as shown on page ______, with FDOT for the improvements on SR 15 (U.S. 17-92).
Parks & Recreation Division
18. Approve and authorize the Chairman to execute the First Amendment, as shown on page ______, to the Agreement between Seminole County and Spring Break Sports, for priority use of the County’s Tennis Courts.
19. Adopt appropriate Resolution #2014-R-216, as shown on page ______, accepting a Recreational Trail Easement, as shown on page ______, and authorize the Chairman to execute a Temporary Right of Entry Agreement, as shown on page ______, and a Memorandum of Understanding, as shown on page ______, from Lowe's Home Centers, LLC, for property necessary for the construction of a trail over property depicted in Exhibit "A" (Easement Property) of the Recreational Trail Easement, as part of the Seminole Wekiva Trail, Phase 4, Project.
20. Approve and authorize the Release of a Right-of-Way Utilization Permit Maintenance Bond #964116139 in the amount of $9,748.93 submitted for improvements to Rinehart Road in conjunction with the Infiniti of Sanford Project.
21. Approve and authorize the Chairman to release a Right-of-Way Utilization Permit Maintenance Bond #404006541 in the amount of $10,538 submitted for improvements to H.E. Thomas Junior Parkway in conjunction with the McDonald's at International Parkway Project.
22. Adopt appropriate Resolution #2014-R-217, as shown on page ______, and approve and authorize the Chairman to execute a County Deed, as shown on page ______, Utility Easement, as shown on page ______, and an Agreement, as shown on page ______, between Seminole County, South Seminole and North Orange County Wastewater Transmission Authority and Interlachen Country Club, Inc. for Relocation of Utility Line, in conjunction with Interlachen Country Club, Inc. to expand their facilities.
Watershed Management Division
23. Approve and authorize Chairman to execute the annual Revenue Agreement, as shown on page ______, between Seminole County and the University of Florida Board of Trustees for the Florida Yards and Neighborhood (FYN) Program.
24. Approve and authorize the Chairman to execute the Emergency Medical Services (EMS) Trust Grant Application, as shown on page ______, for $87,174 from the Florida Department of Health, and adopt appropriate Resolution #2014-R-240, as shown on page ______, authorizing staff to submit the Application.
25. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page ______, with the Florida Division of Emergency Management in acceptance of $5,535 through the Hazards Analysis Program.
27. Adopt appropriate Resolution #2014-R-218, as shown on page ______, amending the County's Administrative Code Section 22.5 F (Financial Policies - Debt), to clarify the conditions for pursuing competitive or negotiated sales in connection with debt issuances.
28. Approve and authorize the Chairman to execute Service Provider Agreements, as shown on page ______, with Aspire Health Partners and University of Central Florida for the FY 2014 Adult Drug Court Discretionary Grant Program - Veterans Treatment Court Implementation Project.
29. Approval to submit an application to the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), through the FY 2014 Assistance to Firefighters Grant Program requesting up to $325,000, and authorize the County Manager to execute any documents associated with the Grant Application.
Budget and Fiscal Management Division
30. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-219, as shown on page ______, implementing Budget Amendment Request (BAR) #14-120 through various funds in order to closeout completed projects and transfer budget in the amount of $1,248,936 back to reserves.
31. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-220, as shown on page ______, implementing Budget Amendment Request (BAR) #14-121 through the BOCC Agency Fund and the Historical Commission Fund to amend the previously approved FY 2013/14 Mid-Year Adjustment of $12,089.
32. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-221, as shown on page ______, implementing Budget Amendment Request (BAR) #15-013 through the Fleet Replacement Fund to appropriate budget of $6,500 from reserves for the replacement of a damaged Persons with Special Needs Emergency Shelter Support Trailer.
33. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-222, as shown on page ______, implementing Budget Amendment Request (BAR) #15-014 through the Tourist Development Fund (3%) to appropriate budget of $82,003 from reserves for operations and maintenance of Soccer Facilities.
34. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-223, as shown on page ______, implementing Budget Amendment Request (BAR) #15-015 through the Sweetwater Cove Lake Aquatic Weed Control (AWC) and Lake Management MSBU Fund to establish budget of $33,450 for the Sweetwater Cove Lake Aquatic Weed Control (AWC) and Lake Management MSBU.
35. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-224, as shown on page ______, implementing Budget Amendment Request (BAR) #15-016 through the Neighborhood Stabilization Program Fund in the amount of $135,275 for appropriation of program income and 2nd mortgage provided/forgiven.
Internal Support Services Division
36. Pulled from the agenda request to adopt Resolution amending the Seminole County Administrative Code to establish fees necessary for the registration and maintenance of the foreclosed properties program.
37. Pulled from the agenda request to piggyback Hernando County RFP #14-R00092/TKB, Foreclosure Registration Services through Community Champions Corporation, Melbourne.
38. Approve and authorize the Chairman to execute the Mutual Termination of Lease Agreement and Temporary Easement, as shown on page ______, required to terminate certain easements established in conjunction with the Oak Park/Belle Meade Wall Reconstruction MSBU for the following: 23-21-30-509-0A00-0010, Hoa Trieu & Christina Nguyen; 23-21-30-509-0B00-0010, Clara L. Rosenburg; 23-21-30-513-0A00-0210, Sam Evans; 23-21-30-513-0B00-0140, Steve H. & Sun A. Kim; 23-21-30-513-0B00-0160, Chris D. & Karen M. Borglum; 23-21-30-513-0B00-0180, Manal, Muhammad & Anwar Sohel; and 23-21-30-513-0B00-0250, Migdalia Hernandez & Alma R. Echevarria.
Purchasing & Contracts Division
39. Approve assignment of RFP-601323-12/TLR, Term Contract, as shown on page ______, for Aquatic Maintenance Services from McLane Excavating, Inc., to Chuck Robinson Concrete and Bob Cat Services, Inc., Pierson, and authorize the Purchasing and Contracts Division to execute the assignment.
40. Award IFB-602096-14/BJC, Term Contracts, as shown on page ______, for Pavement Management Program to P&S Paving, Inc., Daytona Beach; Preferred Materials, Inc. - Asphalt Division, Kissimmee; The Middlesex Corporation, Littleton, MA; Ranger Construction Industries, Inc., Winter Garden; and Hubbard Construction, Winter Park, and authorize the Purchasing and Contracts Division to execute the Agreements.
41. Award RFP-9833-14/AMM, Construction Services Agreement, as shown on page ______, for Heroes Memorial in the amount of $657,248 to Stellar Development, Inc. of Sarasota, and authorize the Purchasing and Contracts Division to execute the Agreement.
42. Award RFP-602088-14/BJC, Term Contract, as shown on page ______, for HVAC repairs and replacement parts and components for County-owned HVAC equipment to Mechanical Services of Central Florida, Inc., Orlando, and authorize the Purchasing and Contracts Division to execute the Agreement.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
43. Approval of Expenditure Approval Lists, as shown on page ______, dated October 13, 20, and 27, 2014; and Payroll Approval List, as shown on page ______, dated October 9, 2014; approval of the BCC Official Minutes dated October 14 and 28, 2014; and noting, for information only, the following Clerk's "Received and Filed":
1. Work Order #11, as shown on page ______, to PS-1666-07.
2. First Amendments, as shown on page ______, to CC-9072-13, All-in Construction Services, Corinthian Builders, Svenson Construction, and Linton Enterprises.
3. Second Amendment, as shown on page ______, to CC-9072-13, Black Street Enterprises, LLC.
4. Tennis Developmental Instructor Agreement, as shown on page ______, for Shannon Brewer.
5. Parks Contracts for Services, as shown on page ______, for Tweet Coleman, Benny Catcher, and Dale Shubirg.
6. Limited Liability Company Affidavit and Special Mortgage Deed, as shown on page ______, Manta Holdings for Lot 105 and Lot 106, Amended Plat of Magnolia Heights.
7. Recorded Mortgage, as shown on page ______, with Pedro and Eileen Navarro for Lot 3 Hidden Oak Estates.
8. Final Developer’s Commitment Agreement, as shown on page ______, for Old Lockwood PD.
9. Conditional Utility Agreement, as shown on page ______, for water, wastewater or reclaimed water services, S&B LLC, for the project known as LadyBird Academy.
10. Work Order #2, as shown on page ______, to CC-9184-13.
11. Parks Contract for Services, as shown on page ______, for Carol Barkett.
12. Lutheran Haven Residential Memory Care Facility Planned Development Developer’s Commitment Agreement, as shown on page ______.
13. Amendment #4, as shown on page ______, to Work Order #45 to PS-4388-09.
14. Change Order #1, as shown on page ______, to Work Order #1 to CC-9192-13.
15. Amendment #1, as shown on page ______, to IFB-601883-13.
16. Change Order #4, as shown on page ______, to CC-9155-14.
17. Change Order #9, as shown on page ______, to Work Order #4 to RFQ-5888-10.
18. Amendment #4, as shown on page ______, to Work Order #8 to PS-4736-09.
19. Change Order #10, as shown on page ______, to Work Order #4 to RFQ-5888-10.
20. Amendment #1, as shown on page ______, to Criminal Justice, Mental Health and Substance Abuse Grant Agreement LHZ41.
21. Development Order #14-27500041, as shown on page ______, Equity One (Florida Portfolio) Inc.
22. Change Order #7, as shown on page ______, to CC-8105-12.
23. Amendment #1, as shown on page ______, to Work Order #12 to PS-8148-12.
24. Amendment #1, as shown on page ______, to Work Order #6 to PS-8148-12.
25. Amendment #1, as shown on page ______, to Work Order #5 to PS-8148-12.
26. Work Order #74, as shown on page ______, to PS-4388-09.
27. Second Amendment, as shown on page ______, to Third Amended Developer’s Commitment Agreement for Heathrow Planned Development.
28. First Amendment, as shown on page ______, to Heathrow Development of Regional Impact Second Amended and Restated Development Order.
29. Amendment #1, as shown on page ______, to Work Order #18 to RFP-5706-10.
30. Closeout, as shown on page ______, for Work Order #2 to RFP-5888-10.
31. Work Order #1, as shown on page ______, to RFP-8721-13.
32. PS-9462-14 Master Services Agreement, as shown on page ______, for Bridge Inspection Services with Ayres Associates, Inc. per Board approval on August 12, 2014.
33. Closeout, as shown on page ______, for CC-9352-14.
34. Change Order #2, as shown on page ______, to Work Order #1 to CC-9072-13.
35. Sixth Amendment, as shown on page ______, to RFP-601461-12.
36. Work Order #20, as shown on page ______, to PS-8186-13.
37. Funding Grant Agreements, as shown on page ______, for CDBG, Home and ESG Programs for the FY 2014 Action Plan per Board approval on July 22, 2014.
38. First Amendment, as shown on page ______, to CC-9226-14.
39. Work Order #6, as shown on page ______, to PS-8146-12.
40. Safe Kids Worldwide Coalition Restated Agreement, as shown on page ______, per Board approval on May 13, 2014.
41. Parks Contract for Services, as shown on page ______, for Michelle Jean Bavaro.
42. Amendment #1, as shown on page ______, to Work Order #14 to PS-8047-12.
43. Amendment #1, as shown on page ______, to Work Order #15 to PS-8047-12.
44. Development Orders, as shown on page ______, as follows: #14-30000078, Alicia Turga variances; #14-30000068, Latara Clements variance; #14-30000075, Richard & Sherry Thompson variance; #14-30000072, James Littleton Trustee FBO variance; #14-30000073, Adam & Vicki Gershkoff variance; #14-30000070, Paola Herrera variance; #14-32000007, Seminole Land Management special exception; #14-30000074, Martin & Melissa Miguel variance; #14-30000071, Christopher Louden variance; and #14-30000069, Mark & Suzanne Roether variance.
45. Bids as follows: IFB-602105-14, IFB-602087-14, RFP-602075-14, RFP-602106-14, and RFP-602088-14.
Districts 1, 2, 3, 4 and 5 voted AYE.
Valmarie Turner, Community Services Director, addressed the Board to present the request to authorize the Chairman to review and execute the Promise Zone application to the U.S. Department of Housing and Urban Development (HUD). She reviewed the request as outlined in the Agenda Memorandum.
No one spoke in support or in opposition.
Upon inquiry by Commissioner Constantine, Ms. Turner clarified that East Altamonte would not be included at this time, but she will work with Langton Consulting to inquire if there is an opportunity to make an amendment at a later date. She explained the application requires a minimum population of 10,000 people and for 20% of that population to be extreme poverty and 33% to be considered poverty. She further clarified that the property needs to be contiguous in one district.
Ms. Turner advised that the City of Sanford approved this application last night and staff will work with them in terms of how they are going to move forward.
Ms. Guillet stated there are some properties targeted for redevelopment that are currently vacant and will not affect the population numbers. They might move those properties out because it might not be appropriate for them to be in this Promise Zone.
Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize the Chairman to review and execute the Promise Zone application to the U.S. Department of Housing and Urban Development (HUD) and direct staff to work closely with the City of Sanford to ensure they have the right outlined configuration of the properties.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari commended Ms. Turner and staff on their hard work in bringing these types of opportunities and projects to the County.
Angela Singleton, Resource Management, addressed the Board to present the request for Refunding of the County’s Water and Sewer Bonds, Series 2005 and 2006 and the Sales Tax Bonds, Series 2005A, and the appointment of an underwriting team. She presented the request as outlined in the Agenda Memorandum.
Gary Akers, First Southwest Company, addressed the Board to state First Southwest has done an analysis on the Sales Tax refunding, looking at it from the standpoint of both a bond issue and a bank financing issue. He advised there are some additional savings with the estimates on the bank financing, but there is no way to know for sure without doing an RFP to see where it comes out. He stated that the feedback he has had from the bank market is it would be better if this was done or the proposals were received after the first of the year.
Chairman Dallari advised that in the past the County has used teams where there is a Lead Manager and Co-Managers and said he thinks they need to do this again.
Upon inquiry by Commissioner Carey regarding the refunding of the Sales Tax Bonds, Mr. Akers advised he thinks they will try to get an RFP out prior to the end of the year and have the proposals come back mid-January. At that point if the responses look good, they can proceed with that.
Commissioner Carey said she wanted to make sure they look at the bank financing on the Sales Tax Bonds because that looks favorable. She agreed with Chairman Dallari in that one lead firm with two others to help support was preferable.
Upon inquiry by Commissioner Horan, Mr. Akers explained that the Senior Manager position is also called the Book-running Manager and they keep the books on the orders that come in through the Co-Managers or orders that they get themselves. He stated the majority of the decision making is done by the Senior Manager.
Upon further inquiry regarding the allocation of the lead table credit, Mr. Akers explained that because it is a competitive situation, the issuer would determine the economics.
Discussion ensued regarding the Board’s previous selection of a Senior Manager and Co-Managers and their allocations.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to refund the County’s Water and Sewer Revenue Bonds, Series 2005 and 2006, and the Sales Tax Bonds, Series 2005A; to look at the Sales Tax as a possible bank refinance as well as a bond; to appoint for refunding Stifel, Nicolaus & Company, Inc. as Book-running Senior Manager (50%); and to appoint Citigroup Global Markets, Inc. (30%) and Raymond James & Associates (20%) as Co-Managers.
Under discussion, Chairman Dallari said he would like to discuss adding Bank of America Merrill Lynch to the list of Co-Managers as these bonds are a significant enough size to use four firms.
Upon inquiry by Commissioner Henley, Chairman Dallari advised there have been some changes to Citigroup, but the County’s key people there are the same. Commissioner Henley said he would support Citigroup if the County was doing a rerate, but this is a sale of bonds.
Discussion ensued regarding adding Bank of America Merrill Lynch as a third Co-Manager for the refunding.
Commissioner Horan stated he agreed with Commissioner Henley’s comment about Citigroup. He said his preference is to appoint Stifel, Nicolaus & Company, Inc. as the Senior Manager (50%), and Raymond James & Associates (30%) and J.P. Morgan Securities (20%).
Regarding Commissioner Henley’s comment about Citigroup, Commissioner Carey explained if this was something the County would have to be rerated for as part of the process, she would have asked for Citigroup to be the Senior Manager because of the experience with George Lung.
Chairman Dallari opined that since it is late in the season and everyone is going to be competing for the sale of their bonds, it would be best to have four firms.
Districts 2, 3 and 5 voted AYE.
Districts 1 and 4 voted NAY.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA (continued)
Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize and approve the following:
44. Approval to expend $25,000 from Law Enforcement Trust Fund to provide for funding in support of the Midway Safe Harbor.
45. Approval to expend $5,000 from the Law Enforcement Trust Fund to provide funding in support of the Central Florida Crimeline Program.
46. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-239, as shown on page ______, implementing Budget Amendment Request (BAR) #15-017 to reallocate $353,770 of prior-year unexpended grant funds to the Sheriff’s Office FY 2014/15 budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
Paula Halleck, Development Services, addressed the Board to present the request for a reduction of the Code Enforcement Board lien, from $9,500 to the administrative costs of $324.04, for Case #14-10-CEB, located at 130 Willow Avenue, Altamonte Springs, Tax Parcel #17-21-29-501-0D00-0040, currently owned by SunTrust Bank and previously owned by Kamela Bowman. She reviewed the background timeline as indicated in the Agenda Memorandum.
Ms. Halleck indicated on July 1, 2014 the Applicant’s preservation company went to the property and found squatters residing there. The Applicant had to arrange for the removal of the squatters in order to secure the property and remove the violation. The property was vacant on July 20, 2014. She stated that due to the fact that there were squatters on the property that had to be removed in order to bring the violation into compliance, staff is recommending that the lien amount be reduced to $4,750 for 19 days of non-compliance at $250 per day.
David Ashley, Buyers and Sellers Realty, representing the Applicant, addressed the Board to give a brief history of the property. Mr. Ashley requested leniency due to the violation occurring before SunTrust was in possession of the property.
Upon inquiry by Commissioner Constantine, Mr. Ashley stated he had corresponded with Ms. Halleck and was under the impression Ms. Halleck would be requesting a $1,000 fine, which would have covered the administrative costs.
Ms. Halleck advised she was not originally going to ask for a reduction at all, but after further discussion with Mr. Ashley yesterday, she thought she was going to ask for $1,000. After speaking with Mr. Ashley, she had other discussions and it was determined that asking for $4,750 was fair.
Upon inquiry by Commissioner Constantine, Mr. Ashley advised per an email (copy received and filed) from Ms. Halleck, he was advised the property was in compliance on July 6th. Commissioner Constantine questioned how the property could be in compliance on July 6th when there were squatters residing on the property. Ms. Halleck explained that the July 6th date on the email was a scrivener’s error. She advised that in an email dated August 26, 2014 to Jennifer with Stewart Lender Services (copy received and filed), she stated the property was not in compliance and continuing to accrue.
Commissioner Carey stated she thinks the recommendation staff has made is fair because it takes into consideration the fact that there were squatters.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to reduce the lien from $9,500 to an amount of $4,250 for Case #14-10-CEB on the property located at 130 Willow Avenue, Altamonte Springs, Tax Parcel #17-21-29-501-0D00-0040, currently owned by SunTrust Bank and previously owned by Kamela Bowman.
Under discussion, Chairman Dallari clarified there was a $500 difference between the dollar amount staff recommended and the approved dollar amount.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ray Hooper, Purchasing & Contracts Manager, addressed the Board to present request to review submittals and discuss award recommendation under RFP-602081-14/TLR – Bond Counsel Services. He presented the request as outlined in the Agenda Memorandum. Mr. Hooper noted that per Florida Statutes, legal services can be exempt from the competitive process. Therefore, the Board may desire the RFP be cancelled and authorize staff to negotiate an agreement with another firm or incumbent firm.
Discussion ensued regarding the Board’s relationship with the original bond counsel, Nabors, Giblin and Nickerson.
Upon inquiry by Commissioner Carey, Mr. Hooper advised that the original RFP with Nabors, Giblin and Nickerson was exhausted and it was brought back to the Board for a one-year extension that expired on September 30, 2014. He advised rather than extending the agreement for one year, the County would need to negotiate a new agreement since the previous agreement expired.
Regarding extending the current contract, Chairman Dallari advised he would want to do a multi-year contract. Commissioner Carey stated she inquired about an extension because they have asked other firms for rates and she wanted to ensure they could negotiate the same favorable rates.
Upon inquiry by Commissioner Carey, Bryant Applegate, County Attorney, stated the prudent approach under the Administrative Code and procurement policies is if the recommendation is to stay with Nabors, Giblin and Nickerson, then the County should cancel the RFP on that basis. Upon further inquiry by Commissioner Carey, Mr. Applegate advised the extension could be subject to negotiating favorable rates.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to cancel the RFP for Bond Counsel Services.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Henley, to extend the contract with Nabors, Giblin and Nickerson for a three-year period with two, one-year renewable options and to come back before the Board once the fees have been negotiated for acceptance.
Under discussion and upon inquiry by Chairman Dallari, Mr. Hooper advised the last agreement with Nabors, Giblin and Nickerson was for a three-year term with two, one-year renewals.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S REPORT
COUNTY ATTORNEY’S REPORT
Mr. Applegate distributed a packet (received & filed) of tasks completed by his office in September/October 2014.
Commissioner Carey discussed the bid process and requested a monthly report from staff regarding current bids. She noted that when people call the offices to schedule appointments, it’s important to know if there is something coming up or a bid on the street.
Commissioner Horan explained why that’s an important consideration, especially in light of the fact that they could inadvertently communicate with somebody that’s in the purchasing process. He would certainly like to have the report flagged in such a way that he can periodically check it every week so he knows who he can and can’t talk to.
Chairman Dallari announced that he will be distributing the legislative priorities of MetroPlan to each of the Board members.
Chairman Dallari recessed the meeting at 10:21 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Erin Leben who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
AWARDS & PRESENTATIONS (Continued)
I-4 Ultimate Project Update
Loreen Bobo, Florida Department of Transportation (FDOT) District 5, addressed the Board and displayed a PowerPoint presentation (received and filed) stating she is the Construction Program Manager for the I-4 Ultimate Project. She advised the project is a complete reconstruction of I-4 for 21 miles, from west of Kirkman Road to east of SR 434.
Ms. Bobo reviewed the Improvements slide including Scope, I-4 Mobility Partners, and the Design-Build cost. She displayed a rendering of the Interstate Typical Section showing six general-use lanes and four express lanes. She then reviewed Planned Access to Express Lanes detailing tolling and access to the express lanes. She stated that I-4 Mobility Partners will be responsible for design, construction, financing, operations and maintenance. She advised that FDOT will be collecting the tolls and setting the toll rates in order to manage the traffic. She explained the tolls will dynamically change based upon the congestion in the lanes; as more drivers enter the express lanes, the toll rates will be adjusted. If too many enter the lanes, the toll rate will increase to discourage more people from entering those lanes in order to maintain a speed of 50 mph.
Ms. Bobo discussed Project Schedule stating they have a contract and the design was started in October. Construction begins February 1, 2015 with completion anticipated in December 2020. She then displayed I-4 Mobility Partners Structure and said that FDOT, representing the State of Florida, is the owner.
Richard Monahan, I-4 Mobility Partners, addressed the Board to give a quick overview of the I-4 Mobility Partners Structure. He explained that it is organized as a P3 (Public/Private Partnership). He explained that FDOT is I-4 Mobility Partners’ client; the concessionaire’s contract is between I-4 Mobility Partners and FDOT. He added that FDOT is supported by HNTB for construction oversight, and RS&H as the technical advisor. He discussed the financing agreements, the design-build team, the quality assurance team, and the operations and maintenance agreement.
Jon Walker, SGL (Skanska, Granite and Lane) Program Project Manager, addressed the Board and stated that SGL are all nationwide contractors with a large Central Florida presence and their design team, HDR and Jacobs, also have a strong Central Florida presence. He displayed and discussed Achieving FDOT’s Vision, which is to have the team create a distinctive and memorable, signature corridor. He then displayed a caricature of SGL’s Proposal Enhancements and discussed the auxiliary and turn lanes, ramps, improvements to the bridge architecture, an iconic pedestrian bridge, landscaping, fountains and artwork along the corridor. He showed a drawing of the SR 436 Interchange and pedestrian features and a rendering of Maitland looking to the east showing fountains, lighting and the pedestrian bridge, and a rendering of the upgraded bridge architecture. He then displayed and reviewed the Project Management slide.
Ms. Bobo stated their project website is I4Ultimate.com. It was previously called MovingForward.com and this site connects to the new website title. She discussed the website features and stated there is a tab included to connect directly to the team. The website will also include real-time traffic updates, and they are presently looking at the ability to provide traffic alerts. She added that a Project Hotline has also been set up. She mentioned that it was no accident that SunRail was opened prior to the start of construction. While they are keeping lanes open during construction during peak times, when barrier walls and barrels are in place, it does affect the traffic.
Chairman Dallari questioned whether there would be any apps for smart phones. Ms. Bobo stated they are working on an app and it will likely tie directly into the website. He also asked about the average amount of time that would be added to an individual’s commute. She stated that it is important that commuters stay informed. Upon further inquiry, Ms. Bobo stated that most of the work will be done at night with lane closures from as early as 8:30 p.m. to approximately 7:00 a.m., depending upon the location throughout the 21 miles. The intent is to not impact the peak traffic periods.
Commissioner Horan commented that there is a lot of information on the website that people could use right now, even before the start of construction, in terms of alternate routes, carpooling, ride matching and transit training. He added that it is very easy to use. He understands that based upon the construction protocols, the actual capacity will not be reduced. Ms. Bobo explained that the existing lanes will be open during peak travel times.
Upon inquiry by Commissioner Carey, Ms. Bobo responded that peak travel times are from about 6:00 a.m. to between 6:00 p.m. and 8:00 p.m., depending upon location; they do not want to be too restrictive because there is a lot of work to be done.
Commissioner Constantine commented that this will be the best, no-cost advertising for SunRail. He stated that land was purchased originally for drainage that is now not needed and they will be using that as one of the field offices. Traffic will be moved to North, which is a commercial road, not Hattaway, which is a residential road. He questioned whether they still have the real-time video for people to view because he felt it was very fascinating to actually see what it will look like to drive down I-4. Ms. Bobo advised that it is on the website and it is based on the preliminary design, which is slightly different from what will be built.
Ms. Bobo asked the Board members to let them know if there is anything they believe can be improved, i.e. the website. They want to do the best job they can in serving the public.
Chairman Dallari reiterated that the I-4 Ultimate team is encouraging the public to reach out to them and that there will be some disconnects over the next six and one-half years, but the lines of communication need to be as clear as possible. He added that keeping the public informed will be critical to making this a success.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
SEMILNOLE COUNTY/NEW TRIBES MISSION
PROPOSED LAND EXCHANGE
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of a Resolution authorizing the exchange of properties between New Tribes Mission, Inc. and Seminole County; and approval of an Agreement for exchange of land and the County Deed, received and filed.
Alan Willis, Public Works Engineering, addressed the Board to present the proposed land exchange as outlined in the agenda memorandum. He stated the terms and conditions of the proposed transfer of property are that Seminole County will transfer ownership by County Deed to New Tribes Mission (NTM) in exchange for a transfer of ownership by Warranty Deed; payment of $1,600 by NTM to Seminole County; and NTM’s removal of the concrete parking area currently located on Lots 23 and 24, at NTM’s expense, within 30 days from delivery by the County to NTM a copy of the executed County Deed. He added that staff recommends adoption of the Resolution authorizing the land exchange.
Chairman Dallari determined that the applicant was not in attendance.
No one spoke in support or in opposition.
Commissioner Carey reviewed the reasons for this land swap for the public’s information. She added that NTM will remove the concrete and the County may then fence the property in to secure it.
Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-225, as shown on page _______, authorizing the exchange of properties between New Tribes Mission, Inc. and Seminole County; and approve and authorize the Chairman to execute the Agreement, as shown on page _______, for Exchange of Land and the County Deed, as shown on page _______, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
SEMINOLE COUNTY CODE OF ORDINANCES
AMENDMENT TO CHAPTER 95
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance to amend Chapter 95 of the Seminole County Code of Ordinances to revise regulations regarding nuisances, received and filed.
Jeff Hopper, Planning & Development Division, addressed the Board to present the proposed amendment as outlined in the agenda memorandum. He stated that staff recommends adoption of the Ordinance.
Catherine Bradshaw, 480 Raymond Avenue, addressed the Board to state she lives on what was the Rolling Hills Golf Course. She advised that approximately 800 families have been adversely affected by the new developer’s inability to mow, clean up, cut down trees, or do anything. She stated the developers met with some residents after purchasing the property and advised they would mow every 30 days and keep it clean; however, they are not doing this. She said this unsightly 120 acres affects the homeowners and it is a detriment to the value of their homes, which have gone down 20% since the golf course property was recently purchased. They are for any regulation that would be more stringent or impose higher fines to make the developers, who are hoping to make some great revenue down the road, maintain the property.
Jim Ruddy, 328 S. Pressview Avenue, addressed the Board and said he lives in the area and as a realtor, he is interested in stability in the neighborhood. He is still concerned with the proposed amendment that limits the height to 12” because the weeds can be out of control at that height. They recommend that from May through October, the new owners would be required to mow twice a month, and then in the winter months, once a month. He added that they heard Commissioner Henley mention previously that consideration should be had for turning the property into green space, parks and recreation.
Joan Clow, 457 Victor Avenue, addressed the Board to state they purchased their property because they fell in love with the view of the lakes. She said they are currently covered with scum, look green and have high weeds growing around them. She said there are five lakes on the course and many homeowners are affected by the lack of maintenance.
Dennis Missler, 306 Nebraska Avenue, addressed the Board to state that the community has not had a lot of time to review the proposed amendments to Seminole County’s Code of Ordinances. They support the changes but would like to see a little more “teeth” put into it. They are asking for the ability to review, comment and provide additional, possible changes to the document before it is finalized. He said they feel there are loopholes in this Amendment. Commissioner Carey requested that Mr. Missler elaborate on the loopholes he referred to. He said they feel it is weak where it mentions exemptions for public parks and they are concerned that the current owner may declare the property a “park,” and therefore be exempt. Chairman Dallari informed Mr. Missler that the County would need to own the property for it to be declared a public park. He stated that there are exemptions for right-of-ways, which is County property, and there is nothing stopping the current landowner from mowing his property only up to the 15- or 20-foot right-of-way line.
Upon Commissioner Henley’s request, the Director of Development Services, Tina Williamson, explained the Code Enforcement process and the penalties for the public’s benefit. Per Commissioner Carey’s request, Ms. Williamson advised that the amount of a typical lien ranges from $50 to $250 per day. Commissioner Henley opined that the dollar amount is not a lot when talking about 120 acres because they could simply pay the fine and not do the maintenance, which has happened before. He said he believes the fine should be more significant for the larger parcels. Ms. Williamson stated that staff could review the penalties that are included in the County Code and bring back some potential changes that would take into account property size.
Commissioner Henley stated that he understands why staff is recommending a grass height of no more than 12”, but he does not think it is satisfactory. He said some residential landowners have even mowed or paid someone to mow the golf course property next to their homes. He said the course is already beginning to look like a blighted area. He would like the Amendment to include that vegetation be maintained to a height not to exceed 8” or at least closer to what the residential properties maintain, particularly when the property butts up against those residential properties. He added that according to the Tax Assessor, there are 1,363 residences around the golf course.
Commissioner Constantine agreed with Commissioner Henley’s comments. He added that children will play in open areas and there are dangers that exist in unkempt areas. He said he asked the County Manager to look at the difference between a commercial area and a residential area because, for example, a height not to exceed 12” on a roadway median won’t have much effect or even wildlife. He said as they go back to look at the fines, this is something they may be able to define further. He added that there is a city in Seminole County that has the vegetation height limit at 8”.
Ms. Williamson explained for Commissioner Carey how staff came up with the 12” height limitation.
Michelle Omana, 484 S. Pressview Avenue, addressed the Board to state she is a resident of Rolling Hills and has been working closely with Code Enforcement. She thanked the Board and the County for their efforts in trying to improve the Code. She also commended the Seminole County Sheriff’s Department and Code Enforcement.
Joel Slater, 243 W. Sabal Palm Place, addressed the Board to state he lives in the Sabal Point community and he is in attendance to voice support of the proper maintenance of closed golf courses. He said that the purchaser of the Sabal Point golf course property has not maintained it for years, even to a minimal standard. Some residents have maintained the landscaping adjacent to their homes at their own cost or undertaking. The developer has opted to pay fines rather than maintain the property because it is a lot less expensive. He added he believes that a 12” limit for vegetation is too high next to single-family residences.
Sandy Taylor, 344 Nebraska Avenue, addressed the Board to state that she and her husband fled Orange County and moved to Rolling Hills in 1973. She said the course is 88 years old and is different in that at least one or two roads run alongside every fairway on the golf course. She named three major thoroughfares that run through the course. She said thousands of people drive by every day asking what is happening to Seminole County because the course is a disgusting mess. She asked that the Commission pass a tough ordinance that will return the beauty to this rolling land in the heart of Seminole County.
Phil Taylor, 344 Nebraska Avenue, addressed the Board to thank them for their efforts, not only for Rolling Hills but for Sabal Point, Wekiva, Casselberry, Deer Run, Plantation and Twin Rivers. He advised he is a realtor and only three houses have sold on the golf course in the past four months. He added that the average sale price went from $82 per square foot to $76 per square foot.
Guy V. Wells, 1571 Arden Street, addressed the Board and stated he supports their effort. He stated he read the Ordinance proposed today and he did not see any exclusion for ornamental ground cover or erosion control under “uncultivated vegetation.” He opined there should be some comment included in the Ordinance about property left in its natural state, i.e. buffer zones with trees, etc.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Upon Chairman Dallari’s request, Ms. Guillet addressed the issue of stormwater and ponds. She explained that there is a “catch-all” in Chapter 95 of the Code that declares anything that is objectionable, or a threat to health, safety and welfare, can be declared a nuisance. Commissioner Carey said that the natural occurrence of a stormwater pond is that it gets scum across the top unless there is a fountain or aerator in it and it will also grow vegetation unless it is being maintained. She added they don’t have anything in the Code that vegetation growing in a pond needs to be eradicated and no County could even afford to do that. She does not want to get overreaching with this because it would be an almost impossible task in Florida.
Regarding erosion control, Ms. Guillet advised that if the ground cover is being used for erosion control or some other purpose, staff would consider it to be cultivated because it is there intentionally and used for a particular purpose.
Ms. Guillet addressed the concern regarding the maintenance of the right-of-ways and advised there is an exemption for publicly owned land.
Mr. Guillet advised that the County is statutorily bound regarding the fines. The Statutes on Code Enforcement give the authority to serve and impose fines. The maximum allowable fine is $250 per day unless it is a repeat violator, and then the fine can be as high as $500 per day. She reminded the Board that the Ordinance is not being amended just for Rolling Hills Golf Course, but it will be a countywide ordinance that will affect property everywhere in the County. She recommended that they pass this proposed Ordinance rather than delay it and see how well it works.
Chairman Dallari questioned whether the State regulations would allow enforcement on a per-acre basis when dealing with large parcels. Ms. Guillet advised that the fines are only per violation. She stated that Rolling Hills just went before the Special Magistrate and they were cited on four separate issues. If they do not come into compliance, there will be $250 per day, per citation imposed.
Commissioner Constantine agreed with the County Manager in regard to passing this Ordinance today and said he still has concerns regarding the vegetation height limit. He stated that golf courses are going out of business and the changing of the use of those lands is a regional problem. He added that he has asked the Regional Planning Council to start looking at guidelines for governments and those considering the purchase of these properties.
Commissioner Carey requested that as staff is looking at amending Chapter 95, they see if there is some flexibility with how they handle repeat offenders. She added they are just trying to ensure that the people buying these properties be responsible. Ms. Guillet explained that the Code Enforcement process can be expedited much more quickly and the fine can be doubled with repeat offenders. Staff will look to see if there are more things they can do.
Commissioner Carey asked Ms. Guillet to remind staff that in regard to unsecured pools, the pools should be immediately secured and then a lien should be placed on the property for that dollar amount. Chairman Dallari added the securing of the pool should be done first and then brought to the attention of the Board because it is life safety.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt Ordinance #2014-44, as shown on page ________, amending Chapter 95 of the Seminole County Code of Ordinances revising regulations regarding nuisances, as described in the proof of publication.
Under discussion, Chairman Dallari suggested amending the height limit to 8”. Discussion ensued.
Commissioner Constantine amended the motion to change the height limit of uncultivated vegetation included in the Ordinance from 12” to 8”, which Commissioner Henley seconded.
There was further discussion regarding the nuisance statute coming into play if an infestation of mice or any other reptiles, or a public health, safety or welfare issue exists.
Commissioner Carey commented that the 8” limit will not only apply to golf courses; it will apply to everyone in the County and the enforcement may become a little problematic.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey asked that they ensure staff send notification to the ownership of all large recreational parcels across the County regarding the change in the height limit of uncultivated vegetation.
Chairman Dallari recessed the meeting at 2:55 p.m.; reconvening at 3:00 p.m.
SEMINOLE COUNTY CODE OF ORDINANCES
CREATION OF ARTICLE III TO CHAPTER 95
Request to consider an Ordinance creating Chapter 95, Article III of the Seminole County Code of Ordinances to include registration, maintenance and security requirements for foreclosed properties, was presented.
Chairman Dallari reiterated that staff had requested Item #52, Ordinance creating Chapter 95, Article III of the Seminole County Code of Ordinances, be pulled from the agenda.
Chairman Dallari noted that a list (received and filed) of 2015 Legislative Priorities and Positions from MetroPlan Orlando was emailed to the Board earlier today. He stated that he received an email from a resident regarding Item #1 under “supported legislation” about the one-cent sales tax and he pointed out to that constituent that Seminole County does not have a city with a population over 150,000.
Chairman Dallari stated there will be an item brought up at the next BCC meeting regarding membership on the MetroPlan Board. He opined there are plenty of members and he does not believe any more need to be added.
Chairman Dallari advised that in regard to Item #6 under MetroPlan’s top priorities, “authority for community and state colleges to assess a student transit charge for transit service on or between community and state college campuses,” that universities are allowed to charge, but colleges are not. Therefore, the University of Central Florida (UCF) is able to assess a charge, but Seminole State College and Valencia College are not. He said this item is an effort to enable those colleges to be able to do that and it would help out LYNX in the long term.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter with attachment dated October 15, 2014, from Ray Valdes, Seminole County Tax Collector, to Chairman Robert Dallari RE: Summary page of the final 2014-15 Budget for the Office of the Seminole County Tax Collector, as approved by the Florida Department of Revenue.
2. Copy of letter dated October 27, 2014, from Chairman Robert Dallari to Alissa Lotane, Bureau of Historic Preservation, RE: Support for the grant for the restoration of the UCF Public History Center.
3. Letter with attachment dated October 28, 2014, from Ray Valdes, Seminole County Tax Collector, to Chairman Robert Dallari RE: Remittance of total contribution for fiscal year-end 2014 “unused revenue” to the Seminole County Commission in the amount of $4,299,293.39.
4. Letter dated October 29, 2014, from Larisa Perry, Wells Fargo Bank, to Chairman Robert Dallari RE: Sponsors of the Don Quijote Awards which recognizes outstanding Hispanic businessmen and women.
5. Notice of Public Hearing received November 4, 2014, from City of Longwood RE: Ordinance No. 14-2051 providing for the vacation and abandonment of a portion of the Evergreen Avenue Right-of-Way located east of South Ronald Reagan Boulevard (CR 427) and south of SR 434.
6. Letter dated November 7, 2014, from Congressman John Mica, House of Representatives, to Chairman Robert Dallari RE: Update on Veterans issues and local projects.
7. Memorandum with attachment from National Aeronautics and Space Administration (NASA) to Federal, State, Local Agencies, and other interested parties. RE: Final Environmental Impact Statement for the Mars 2020 Mission.
8. Letter with attachment dated November 11, 2014, from Blanche Sherman, LYNX, to Chairman Robert Dallari RE: Second Quarter Reports for LYNX.
9. Letter with attachment dated November 12, 2014, from David Simmons, Florida Senate, to Seminole County Elected Officials. Re: Notification of the 2015 Seminole County Legislative Delegation Meeting.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley requested approval of a list, received and filed, of appointments, reappointments and resolutions of appreciation.
Motion by Commissioner Henley, seconded by Commissioner Carey, to approve the following:
1. Appropriate Resolution #2014-R-226, as shown on page _______, reappointing John Lommerse and David Evans to the Seminole County Agriculture Advisory Committee for two-year terms ending January 2017;
2. Appropriate Resolution #2014-R-227, as shown on page _______, reappointing Stephen Browne to the Animal Control Board for a one-year term ending January 2016;
3. Appropriate Resolution #2014-R-228, as shown on page _______, reappointing Dennis Warren to the Code Enforcement Board for a three-year term ending January 2018;
4. Appropriate Resolution #2014-R-229, as shown on page _______, reappointing Pamela Neal to the Library Advisory Board for a two-year term ending January 2017;
5. Appropriate Resolution #2014-R-230, as shown on page _______, reappointing John May to the Parks and Preservation Advisory Committee for a three-year term ending January 2018;
6. Appropriate Resolution #2014-R-231, as shown on page _______, reappointing Ed Schuckman to the Seminole County Industrial Development Authority for a four-year term ending January 2019;
7. Appropriate Resolution #2014-R-232, as shown on page _______, appointing Bill Young to the Contractor Examiners Board, Well Drilling, for a one-year term ending January 2016;
8. Appropriate Resolution #2014-R-233, as shown on page _______, appointing Carmen Bierman to the Historical Commission for a two-year term ending January 2017; and reappointing Imogene Yarborough to the Historical Commission for a two-year term ending January 2017;
9. Appropriate Resolution #2014-R-234, as shown on page _______, appointing Charles (Chipp) Frame to the Tourism Development Council for an unexpired term ending January 1, 2018;
10. Appropriate Resolution #2014-R-235, as shown on page _______, in appreciation of Mark Plebanski for his service on the Tourism Development Council;
11. Appropriate Resolution #2014-R-236, as shown on page _______, in appreciation of Steve Young for his service on the Contractor Examiners Board; and
12. Appropriate Resolution #2014-R-237, as shown on page _______, in appreciation of Beverly Myers for her service on the Historical Commission.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey submitted ex parte communications and an email in connection with the approved nuisance ordinance into the record.
Commissioner Carey reported the annual Servants of the People luncheon was held on October 29th and that it benefits Rescue Outreach Mission, who the County partners with as their designated homeless shelters. A total of $75,135 was raised and this exceeded last year by 25%.
Commissioner Carey stated that she is the Board’s representative on the Central Florida Expressway Authority (CFEA) and they held a meeting on Thursday, November 3. Staff, working with a consultant, short-listed the number of executive director applicants from 60 to 5, and the Board will be interviewing on December 4th and 5th. One of the five applicants has withdrawn, so there will be four candidates. They are hoping the Governor will make his appointments sometime this month so CFEA will have the three Governor-appointed board members in time to participate in the interview process.
Commissioner Carey mentioned that the I-4 Ultimate Project will be using TIFIA (Transportation Infrastructure Finance & Innovation Act) funding and advised that CFEA is also seeking TIFIA financing for the Wekiva Parkway, and they expect that to be finalized in January. This decision will save about two years of construction and over $100 million in construction costs.
Chairman Dallari noted that FDOT is doing a phenomenal job with the landscaping improvements planned for the I-4 Ultimate project. He said he’d like to see if they can bring those same types of attributes to the Wekiva Parkway, especially where it goes through residential areas as in Seminole County. She stated that FDOT, not CFEA, will be doing the segment of the Parkway in Seminole County.
Commissioner Carey reported that she attended, along with the rest of the Board and the County Manager, the Leadership Seminole Vision 5 Conference held at the Wayne Densch Center at the Central Florida Zoo. She advised that there were two top doable items that came out of a vote by the 100 attendees. The top one for education was more vocational-technical training including financial literacy training and also, to have a ready workforce. One of the things that came out of the business discussion was the fact that you get a lot of students that graduate high school and college yet they do not know how to live on a budget or even write a check. That was rolled into the discussion of going into the high schools because that used to be taught. They are life skills and not in the curriculum anymore. On the professional business side the two things that came out of it was to have more professional development in the schools and for the School Board to work with the business community to get people to come in as mentors and speakers to help motivate the students. They also would like to see an annual CEO summit, which she thought was a great idea. The other item in the top two was an initiative to reduce homelessness. They also asked for the top two Blue Sky items and one was building transitional and affordable housing. She said the County is currently building transitional and affordable housing, but she thinks there are ways in the Land Development Code that they could look at affordable housing in every subdivision, where it is required that maybe one percent of the subdivision have smaller houses that makes them affordable and in a nicer neighborhood.
Commissioner Carey stated that at the last Wekiva River Basin Commission meeting that she attended along with Commissioner Constantine, the Florida Fish and Wildlife Commission (FWC) gave a presentation about a study they are doing where they tag the bears with GPS and video collars. She advised she had an opportunity to witness this process which she described, and she said it was an incredible experience.
Both Commissioner Carey and Chairman Dallari wished everyone a Happy Thanksgiving.
Motion by Commissioner Horan, seconded by Commissioner Carey, to approve appropriate Resolution #2014-R-230, as shown on page _______, appointing Robert Simmons to the Parks & Preservation Advisory Committee for an unexpired term ending January 16, 2015; and appropriate Resolution #2014-R-238, as shown on page _______, in appreciation of Charles Sloan for his service on the Parks & Preservation Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Horan stated that he is liaison to the Public Schools Facilities Planning Committee and he attended a joint meeting of the Committee and the School Board. They reviewed the final draft of the Amended and Restated Interlocal Agreement and they made final changes which are being integrated into that Agreement by the Planning Technical Committee. He said the Agreement should be ready for approval by the Board by December 2014 or January 2015. He added that it was gratifying to see nine governmental bodies working together to come up with a workable agreement to handle technical things about development but also to communicate, cooperate and collaborate with each other about their facilities in order to maximize their uses.
Commissioner Henley questioned whether they have the latest FISH report, Florida Inventory of Schools Housing, prepared by the State of Florida, Department of Education (DOE). Commissioner Horan responded that in the Agreement, FISH availability and real availability are not necessarily the same. He stated the DOE numbers sometimes are affected by political and other considerations that are worked into the projections and then gave an example. Therefore, in the Agreement, FISH is identified and given the proper allegiance with regard to how the schools have to communicate and operate with the DOE in terms of reporting their capacity. In terms of reporting real capacity, the Committee will be using their own numbers in dealing with each other. Commissioner Henley stated the important part of FISH is its recommendation for future expansions. Commissioner Horan said they made a distinction early on between FISH capacity and instructional capacity.
Commissioner Horan stated there were a number of Seminole County businesses and buildings that received awards at the Excellence in Construction Awards of the Associated Builders and Contractors (ABC). He was invited to attend the dinner by ABC and listed the projects in Seminole County that received recognition and awards of merit. He added that at least one dozen construction businesses received construction awards and then listed some of those.
Commissioner Constantine stated he also had an opportunity to witness the process in connection with the bear study that Commissioner Carey described, and he commended the Fish and Wildlife Commission.
Commissioner Constantine reported that he spoke to the Geneva Citizens’ Association earlier this month, attended the Mayors’ update at the Seminole County Regional Chamber, and attended, along with Chairman Dallari, the presentation of the Economical Development Council (EDC) at Mitsubishi Hitachi Power Systems regarding their expansion of the program in Lake Mary. He added that Seminole County Rotary South had a tremendous arts and crafts festival at Cranes Roost this past week. He plans to attend the Regional Planning Council meeting tomorrow. Then he and Commissioner Horan will be chairing various committees at the Florida Association of Counties (FAC) meeting. He will also attend the EDC’s Legislative Affairs Committee meeting on Friday and the Fallen Heroes Memorial groundbreaking on December 2nd at the Criminal Justice Center in Sanford.
Commissioner Constantine advised that he has been asked by those that supported Amendment #1 to write a White Paper on the implementation of it.
COUNTY MANAGER’S REPORT
Ms. Guillet stated that as the Board is aware, the Legislative Delegation will be meeting in the Chambers on Friday, November 21, to take testimony. She said that this is the time of year the County starts to put together their Legislative Priorities list and Meloney Lung has talked to each Commissioner about these. Ms. Guillet advised they will finalize the list and bring it back to the Board at the next meeting. She added she would like to have their input today and to get authorization for any staff members present on Friday to discuss with the Legislative Delegation these issues as preliminary priorities.
Meloney Lung, Resource Management, addressed the Board to state she had distributed a Preliminary List of 2015 Legislative Issues (received and filed). She advised that in past years, the Board chose three to five top priorities. She stated the listed items are just suggestions, but that after talking with each of the Commissioners, she believes the reimbursement of approximately $4 million for overpayment to the Department of Juvenile Justice (DJJ) will stay on the list, and one that they will pursue a budget appropriation for, if that is the desire of the Board. Commissioner Carey stated it is important that they pursue getting that money but does not believe it has to come through the Juvenile Detention Center budget. She added that she knows the Governor would support it if they can get it into the budget. She said that even if they discounted the amount to “three something” million dollars, it is still a lot of money and they need to recover that. She agrees that the issue is a priority and needs to stay at the top.
Commissioner Carey asked that Ms. Lung distribute a list to the Board of committee assignments of the State Legislators so the Commissioners will know who to contact regarding these various issues.
Commissioner Carey stated she talked to Ray Valdes, Seminole County Tax Collector, regarding the Tax Collector’s Statutory Requirement because the tax collectors were being asked for a number of years to provide driver’s license services. When she asked him whether the Tax Collectors Association had a bill that they were presenting, Mr. Valdes stated they do not; however, they would like to find someone to sponsor a bill. She stated she sees this as an unfunded mandate because if he is providing the service and not getting paid anything for it, it is coming out of the fees that the County gets from the Tax Collector’s Office at the end of the year, because the County receives all those excess fees. She knows that Mr. Valdes has mentioned this issue to Senators David Simmons and Andy Gardiner, and he thought that they might be willing to run a bill for this. The State is still going to have to maintain all the data systems, but the tax collectors would physically need to provide those services, which is why Mr. Valdes needed to expand his facilities, and $2 million came out of the budget this current year for that. She said this affects the County’s bottom line and she believes they should try to get someone to take up this issue and deal with it.
Chairman Dallari agreed saying they need to be more aggressive on trying to pick up those fees and should try to find someone to sponsor a bill.
Commissioner Constantine mentioned that he had sponsored bills in the past for this; however, he received very little support. Commissioner Carey stated that it was the Director of the DMV (Department of Motor Vehicles) who killed them even when the bills got onto the floor.
Commissioner Constantine stated the passing of Amendment #1 gives local governments an opportunity because it is a large amount of money that has been planned for the foreseeable future. He added the Amendment still needs legislation to implement it. He then explained why he feels it is important to make the protection of water quality and quantity a legislative priority. Chairman Dallari stated that he sits on the Central Florida Water Initiative, and in either December 2014 or January 2015, there will be a plan put forward that addresses water quality, water supply, etc. He said they have been working on that for the past two years.
Commissioner Horan stated that on Wednesday, he and Commissioner Constantine are going to the Legislative Conference for FAC (Florida Association of Counties). He said the Governor’s legislative initiatives will be pressed forward and these include the communications services tax, the elimination of the recapture on the property tax, and the elimination of the tax on commercial real estate. He added that the overarching concern is that whatever initiatives are going to be pursued by the Legislature this year do not continue to raid their pocketbook. If a bill is going to impact their revenue sources, they will be against it.
Commissioner Constantine said they are perfectly situated with Senator Simmons who is going to be initiating a bill on “springs” protection. It should be a high priority where they will be able to do things like potential water and sewer connections and septic tanks cleanups. He said he sees the water issue as a priority.
Commissioner Carey agreed that one of their top priorities should be with water issues. She said staff could look at some of those water initiatives; it is not only the Senate and the House that are talking about it. Everyone, including the Agricultural Commissioner and the Governor, has talked about water as being a top priority for this year. She said they have planned well into the future with the Yankee Lake project and those types of things, but there are many other issues that they could move forward. She suggested key words should include protecting springs and cleaning up the springs and that should be priority number two. She opined they should only have three and she believes the third priority should be regarding the Communications Services Tax and it should be expanded to state no unfunded mandates and do not dictate to local governments how to set the tax rate. She added that Seminole County has some of the lowest tax millage in the State of Florida.
The Board agreed that the three Top Priorities for 2015 are as follows: (1) Reimbursement of monies owed to the County from overpayment to the DJJ in years 2009 through 2012, and reworded and expanded versions for (2) Water Issues and (3) Taxes, Revenue Sources and Unfunded Mandates.
Ms. Guillet stated they will reword the priorities for the purposes of Friday’s meeting with the Legislative Delegation. They will make them somewhat general and then between now and the December 9th BCC meeting, staff will work with the Commissioners individually to firm up the wording.
COUNTY ATTORNEY’S REPORT
ITEMS FOR FUTURE AGENDA
Upon inquiry by Commissioner Constantine, Mr. Applegate advised that in regard to panhandling, they have a couple of drafts already done with different options. He met with the State Attorney last week to talk about issues of enforcement. Upon inquiry by Chairman Dallari, Mr. Applegate stated he can bring that back at the January 13th BCC meeting.
Upon inquiry by Commissioner Constantine, Ms. Guillet advised regarding the merger of the Casselberry Fire Department, they intend to bring that to the Board at the December 9th meeting.
REORGANIZATION OF THE BOARD
The gavel was surrendered to County Attorney, Bryant Applegate, to act as temporary Chairman to the BCC. Mr. Applegate opened the floor to nominations for the Chairman of the BCC.
Commissioner Henley nominated Commissioner Carey for Chairman of the BCC.
Commissioner Constantine requested Commissioner Carey speak as to whether she is interested in being Chairman. Discussion ensued regarding the role of the Chairman.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to close the nominations for Chairman of the BCC.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Applegate called for a vote to elect the nominee, Commissioner Carey, as Chairman of the BCC.
Districts 1, 2, 3, 4 and 5 voted AYE to elect Commissioner Carey as Chairman of the Board of County Commissioners for 2014/2015.
Mr. Applegate advised that Commissioner Carey has unanimously been elected Chairman of the BCC. He passed the gavel to Commissioner Carey who assumed the position of Chairman.
Chairman Carey opened the floor to nominations for Vice Chairman of the BCC.
Commissioner Dallari nominated Commissioner Horan for Vice Chairman of the BCC.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to close the nominations for Vice Chairman of the BCC.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey called for a vote to elect the nominee, Commissioner Horan, as Vice Chairman of the BCC.
Districts 1, 2, 3, 4 and 5 voted AYE to elect Commissioner Horan as Vice Chairman of the Board of County Commissioners for 2014/2015.
Chairman Carey advised that Commissioner Horan has unanimously been elected as Vice Chairman of the BCC.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to authorize Commissioner Dallari to sign payroll and other checks until the Clerk obtains a new signature plate.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey asked that each Commissioner provide a list to her office, by the end of the week, of any requests or desire to serve on any of the approximately 40 committees in which they serve. They also have the obligation to provide for alternates.
Chairman Carey announced that a special meeting of the Board of County Commissioners will be held on Tuesday, December 2nd at 1:00 p.m. for annual Ethics Training, in the Chambers of the County Services Building. She advised the meeting will be posted.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:10 p.m., this same date.