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.
Present:
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.
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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.
BUSINESS
SPOTLIGHT
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.
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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.
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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
Business 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.
Community Services
Business Office
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.
Development
Services
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.
Environmental
Services
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.
Utilities
Engineering
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).
Leisure Services
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.
Public Works
Engineering
Division
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.
Resource
Management
Business Office
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.
MSBU Division
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
Clerk’s Office
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.
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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.
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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:
Sheriff’s Office
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.
REGULAR
AGENDA
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
None.
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.
PUBLIC
HEARINGS
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’S
REPORT
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.
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Commissioner
Carey submitted ex parte communications and an email in connection with the
approved nuisance ordinance into the record.
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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%.
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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.
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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.
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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.
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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.
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Both
Commissioner Carey and Chairman Dallari wished everyone a Happy Thanksgiving.
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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.
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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.
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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.
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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.
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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.
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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
No 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.
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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.
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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.
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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.
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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.
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There being no further business to
come before the Board, the Chairman declared the meeting adjourned at 4:10
p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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