BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DECEMBER 9, 2014
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, December 9, 2014,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Brenda Carey
(District 5)
Vice Chairman John Horan
(District 2)
Commissioner
Robert Dallari (District 1)
Commissioner Lee
Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Clerk
of Circuit Court & Comptroller Maryanne Morse (late)
County
Manager Nicole Guillet
County
Attorney Bryant Applegate
Deputy
Clerk Terri Porter
Reverend David Judd, St. Mark’s Presbyterian Church, Altamonte
Springs, gave the Invocation.
Commissioner Constantine led the Pledge of Allegiance.
Maryanne Morse, Clerk of Circuit Court and Comptroller, entered
the meeting at this time.
BUSINESS
SPOTLIGHT
The
Business Spotlight video for CPH, Inc. was presented.
AWARDS AND PRESENTATIONS
Motion
by Commissioner Dallari, seconded by Commissioner Horan, to adopt appropriate
Resolution #2014-R-242, as shown on page ________, recognizing Ivan A. Mustafa,
Division Chief, Department of Public Safety, EMS/Fire/Rescue Division, for 27
years of service to Seminole County Government and its citizens, upon his
retirement on January 5, 2015.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
Mustafa addressed the Board to express his appreciation.
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Motion
by Commissioner Horan, seconded by Commissioner Henley, to adopt appropriate
Resolution #2014-R-241, as shown on page ________, recognizing Eva Roach,
Supervisor of County Commission Records, Clerk of Circuit Court, Clerk to the
Board of County Commissioners, for over 28 years of service to the citizens and
residents of Seminole County, upon her retirement on December 31, 2014.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
Roach addressed the Board to express her appreciation.
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Jim Carnicella, Interim Human
Resources Manager, addressed the Board to state he will be presenting the
Employee Academy Graduation certificates to the 2014 graduates. He displayed photos and explained that the
nine-month program is for employees to experience firsthand the inner-workings
of Seminole County Government. He then
discussed the requirements for graduation and presented the following graduates
with their certificates: Jeffrey Aldridge,
Community Services; Janelle Blackwell, Leisure Services; Sarah Collins,
Tourism; Teresa Cruz, Public Works; Stephen Evan, Public Works; Carmen Hall,
Community Services; Diane Koschwitz, Public Safety;
and Joshua Marshall, Environmental Services.
Graduate Michael Wirsing, Leisure Services,
was not in attendance.
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Chairman Carey
recessed the meeting of the Board of County Commissioners at 9:53 a.m., and
convened as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. HWY 17-92 CRA
Sonia Fonseca,
U.S. 17-92 CRA Program Manager, addressed the Board to present a request to consider
approval of the SR 434 and Florida Avenue Streetscape Design Agreement between
the U.S. Hwy 17-92 CRA and the City of Winter Springs in the amount of $50,000;
and adoption of a Resolution implementing Budget Amendment Request (BAR) #15-028
to provide funding from the U.S. 17-92 CRA Fund, Reserve for Contingencies -
CRA Planned Projects.
Ms.
Fonseca reviewed the background information explaining that this request was
submitted late last year and when it was initially submitted, the Board
determined that there wasn’t enough design work for a reasonable estimate to be
calculated for a grant. The City of
Winter Springs has reduced their request to fund the design of the project
only. The sales tax revenue will be used
to fund work on the intersection. Any
work done outside the CRA boundary will require a contribution from the City of
Winter Springs. She stated that staff is
recommending approval of the request for funding in the amount of $50,000.
Chairman
Carey questioned why the City of Winter Springs is requesting $7,000 for the
design of the Florida Avenue streetscape improvements because that is outside
the CRA. Commissioner Horan explained
that they did not need the entire $50,000 for the design so the CRA Board was
hoping to use the $7,000 for Florida Avenue.
Chairman
Carey opined that they do not want to end up with two different designs on the
east and west side of U.S. 17-92, so there must be a coordinating factor, which
is County Engineering.
Brett Blackadar,
County Engineer, addressed the Board to state there were funds in the amount of
$500,000 from the Sales Tax Fund for the intersection of U.S. 17-92 and SR 434
in Longwood. He added they also have a
project in the works for a signal at that location as part of the overall 17-92
signal improvements. He advised that the
City of Longwood is interested in extending the limits of that intersection on
their side and has committed to work with the City of Winter Springs. Once there is a cost estimate for the design,
it will be put in the budget for the new sales tax.
Commissioner
Henley questioned whether the design concept calls for a gateway approach on SR
434 and also on Florida Avenue. Brian
Fields, City Engineer for the City of Winter Springs, addressed the Board to
advise they would like to see both locations as a gateway to Winter Springs,
but the primary focus of the project is intersection and sidewalk improvements
to make the area business friendly and pedestrian friendly for the adjacent
properties. He said they would like to
have some gateway features on Florida Avenue like landscaping and possibly
signage.
Upon
inquiry by Chairman Carey, Mr. Fields advised that there is an agreement with
the developers of the recently completed subdivision along Florida Avenue for
some sidewalks in that area; however, the Florida Avenue project will be a
complete streetscape from that development to U.S. 17-92. Commissioner Henley stated that he was
disappointed to find out that even with that development being as large as it
is, the City of Winter Springs did not require any conditions for the developer
to make any improvements in the paving of Florida Avenue, which is going to
benefit that development much more than anything else. Whether it is CRA money or the one-cent sales
tax, they are basically asking the taxpayers to pay for the paving of that
road. He opined that the City of Winter
Springs missed a good opportunity to require the developer to make some
improvements as part of the development plans.
Mr. Fields explained that it was a Seminole County development review
item associated with their permit.
Commissioner
Dallari stated he wants to ensure that the two cities are on the same page with
the infrastructure that is being approved for that intersection because the
east and west sides of U.S. 17-92 need to be seamless so they do not look
piecemealed. He wants the City of
Longwood to be more of a participant in the design because this is a regional
project on two regional roads. Mr.
Blackadar explained the engineer consultant for the City of Winter Springs is
designing the intersection improvements, and the City of Longwood will pay them
an additional amount to design their portion of the intersection, so there will
be one designer and one construction plan.
Chairman
Carey stated they want to take $7,000 of the $50,000 and apply it to Florida
Avenue, so if that is not done, the amount is $43,000.
Upon
inquiry by Commissioner Dallari, John Williams, City Manager, City of Longwood,
addressed the Board to advise that their intent is to partner with the City of
Winter Springs and Seminole County. They
have met with VHB, the Design Engineer, to ensure that the design is unique and
uniform, and they plan to participate with the funding for their portion of the
design and the elements they want included in the intersection.
Commissioner
Horan stated with regard to the Meritage Development,
this is the first time he has heard there had been communication with County
staff about improvements on Florida Avenue.
Mr. Fields advised that Seminole County issued a right-of-way connection
permit and the proposal was to construct a sidewalk in lieu of reconstructing
the roadway. Mr. Blackadar explained the
recommendation was that the developer would put a sidewalk in for the entire
length of the roadway instead of upgrading the roadway.
Upon
inquiry by Chairman Carey, Mr. Blackadar stated that Florida Avenue is on the
regular paving list so it will be paved like any other local roadway in the
County.
No one
spoke in support or in opposition.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to approve the SR 434
Gateway Streetscape Design Agreement, as shown on page _______, between the U.S.
17-92 CRA and the City of Winter Springs in the amount of $43,000 for the
design of the intersection of SR 434 and U.S. 17-92, excluding the design for Florida
Avenue, and with coordination between Seminole County, the City of Winter
Springs and the City of Longwood to ensure a seamless design; and adopt appropriate
Resolution #2014-R-243, as shown on page _______, implementing Budget Amendment
Request (BAR) #15-028 providing funding from the U.S. 17-92 CRA Fund, Reserve
for Contingencies – CRA Planned Projects.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms. Fonseca presented a request for funding
from the U.S. 17-92 Redevelopment Trust Fund by the City of Sanford, in the
amount of $693,565, to fund Paw Park Village design and improvements; and
adoption of a Resolution implementing Budget Amendment Request (BAR) #15-019 to
provide funding from the U.S. 17-92 CRA Fund, Reserve to Contingencies – Future
Capital Improvement Planned Projects.
Ms.
Fonseca reviewed the request as outlined in the agenda memorandum along with
the recommendations of the Technical Advisory Committee and the Redevelopment
Planning Agency. She advised that staff
recommends approval of a contribution in the amount of $70,000 as partial
funding of the Paw Park Village Phase 1 renovation. She further advised that the City of Sanford
had submitted a request for a grant from the Department of Economic
Opportunity, and the City was granted $25,000 for planning.
Commissioner
Henley confirmed with Ms. Fonseca that none of the $70,000 would be spent on
areas that are not within the CRA.
No one spoke in support or in opposition.
Motion by
Commissioner Horan, seconded by Commissioner Constantine, to approve funding in
the amount of $70,000 to partially fund the Paw Park Village improvements as
reflected in the estimate, said partial funding shall specifically address the
Paw Park improvements lying entirely within the CRA; approve the Paw Park
Improvement Project Agreement, as shown on page _______, and adopt appropriate
Resolution #2014-R-244, as shown on page _______, implementing Budget Amendment
Request (BAR) #15-019 to provide funding from the U.S. 17-92 CRA Fund, Reserve
for Contingencies – Future Capital Improvement Planned Projects.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Request was considered by the Board to approve the U.S. 17-92
CRA Mini-Grant to Sobik’s Sandwich Shops, Inc. for signage
on the property located at 1905 S. French Avenue, known as Lee’s Famous Recipe
Fried Chicken of Sanford, in the amount of $1,915; and adopt a Resolution
implementing Budget Amendment Request (BAR) #15-026 to provide funding from the
U.S. 17-92 CRA Fund, Reserve for Contingencies – CRA Mini-Grants.
No one
spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to approve the U.S. 17-92 CRA Mini-Grant, to Sobik’s Sandwich Shops, Inc. for signage on the property
located at 1905 S. French Avenue, known as Lee’s Famous Recipe Fried Chicken of
Sanford, in the amount of $1,915; approve the U.S. 17-92 CRA Mini-Grant
Agreement, as shown on page _______, and adopt the appropriate Resolution #2014-R-245,
as shown on page _______, implementing Budget Amendment Request (BAR) #15-026 to
provide funding from the U.S. 17-92 CRA Fund, Reserve for Contingencies – CRA Mini-Grants.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request was
considered by the Board to approve the U.S. 17-92 CRA Mini-Grant to Sobik’s Sandwich Shops, Inc. for signage on the property
located at 2435 S. French Avenue, known as Skibo’s
Subs, in the amount of $786; and adopt a Resolution implementing Budget
Amendment Resolution (BAR) #15-027 to provide funding from the U.S. 17-92 CRA
Fund, Reserve for Contingencies – CRA for Mini-Grants.
No one spoke in support or in opposition.
Motion by Commissioner Horan,
seconded by Commissioner Dallari, to approve the U.S. 17-92 CRA Mini-Grant, to Sobik’s Sandwich Shops, Inc. for signage on the property
located at 2435 S. French Avenue, known as Skibo’s
Subs, in the amount of $786; and approve the U.S. 17-92 CRA Mini-Grant
Agreement, as shown on page _______, and adopt the appropriate Resolution #2014-R-246,
as shown on page _______, implementing Budget Amendment Request (BAR) #15-027 to
provide funding from the U.S. 17-92 CRA Fund, Reserve for Contingencies – CRA
for Mini-Grants.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ray
Hooper, Purchasing & Contracts Division, addressed the Board to present a
request to approve a ranking list; authorize staff to negotiate rates in
accordance with F.S. 287.055, the Consultants Competitive Negotiations Act
(CCNA); and authorize the Purchasing & Contracts Division to execute one
Master Consultant Services Agreement (MSA) for PS-9838-14/RTB, U.S. 17-92 CRA
Stormwater Plan (Estimated Annual Usage $750,000).
Mr.
Hooper reviewed the request as outlined in the agenda memorandum. He advised that the top-ranked firm is CPH,
Inc. and staff recommends approval of the request.
No one spoke in support or in opposition.
Motion by Commissioner Horan,
seconded by Commissioner Henley, to approve the ranking list as presented;
authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants
Competitive Negotiations Act (CCNA); and authorize the Purchasing &
Contracts Division to execute one Master Consultant Services Agreement, as
shown on page _______, for PS-9838-14/RTB, U.S. 17-92 CRA Stormwater Plan with
the top-ranked firm, CPH, Inc. (Estimated Annual Usage $750,000).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Carey
adjourned the U.S. 17-92 CRA meeting at 10:20 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, advised
staff is requesting that Item #26 regarding a County-owned vacant parcel, and
Item #40, BAR #15-033 to carryforward unexpended project funding, be pulled from the Consent Agenda. In addition, there is an add-on, Item #40A,
BAR #15-034 to appropriate funds for the purchase of Heroes Memorial statues.
Commissioner Dallari requested that the
following items be pulled for a separate discussion: #33, BAR #15-010, Infrastructure Sales Tax
Fund Budget Amendment Request appropriating budget from Reserves; #34, BAR
#15-012, Soldiers Creek Regional Stormwater Facility Project Budget Amendment
Request; and #45, Work Order for Construction Manager at Risk, Wharton-Smith,
Inc.
Commissioner Dallari expressed concern in
connection with Item #10, an Agreement with the Economic Development Commission
(EDC). He stated he doesn’t see any line
items in the agenda memorandum presentation about branding and bringing jobs to
Seminole County. Ms. Guillet stated that
the branding initiative is an effort to bring jobs. The funding dollar amount approved in the
budget for this coming year is the same amount approved last year; it does not
have any supplement for the branding program.
She also stated for the benefit of the public that the contract they are
asking the Board to approve this year is very different from the ones seen in
previous years. She advised there are a
number of performance standards, the majority of which are related to increased
communication and interaction between County staff and the EDC.
Chairman Carey stated that in addition to
having one-on-one briefings with the Board, they would still like to have the
annual presentation from the Director of the EDC. Also, with the representation of the County
Commission on the EDC Board, she fully expects the EDC will keep them informed
of anything they need to be aware of especially with regard to the branding
that is being rolled out.
Commissioner Constantine stated they
received a large packet this morning, Exhibit C for Item #28, Oaks at Lake Mary
Public Infrastructure Agreement, and therefore, would like to pull that from the agenda for a
separate discussion and vote.
No one spoke in support or in opposition.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to authorize and approve
the following:
County Manager’s Office
Business Office
9. Approve travel and mileage
reimbursement to Commissioner Lee Constantine for travel during the month of
November, 2014.
Economic
Development Division
10. Approve and authorize the Chairman to execute a
Partnership Agreement, as shown on page _______, for FY 2014/15 with the
Economic Development Commission of Mid-Florida, Inc. Partnership Agreement for
the purpose of providing economic development services in Seminole County.
Community Services
Business Office
11. Approve and authorize the Chairman to execute the Health Council of
East Central Florida, Inc. Medical System of Care Agreement, as shown on page
_______, to provide outpatient medical health treatment services to uninsured
and underinsured residents of Seminole County either on a no-cost or reduced-cost
basis.
12. Approve and authorize the Chairman to execute the Aspire Health
Partners, Inc. Business Associate Agreement, as shown on page _______, regarding
the use and disclosure of protected health information to Seminole County
staff.
13. Approve the reappointment of David Apfelbaum
and Marie-Jose Francois, M.D. for an additional two-year term to the Board of
Directors of the Local Health Council of East Central Florida, Inc.
Community Assistance Division
14. Authorize the Chairman to execute a Housing Inspection Services Agreement,
as shown on page _______, with Seminole County Housing Authority to provide
Housing Quality Standards (HQS); Uniform Physical Conditions Standards (UPCS);
and Habitability Standards Inspections Services for the following federally funded
and state-funded programs currently administered through the Community Services
Department: Continuum of Care/Shelter
Care Plus Care Programs; HOME Program; Emergency Solution Grant/Rapid
Re-housing Program; State Housing Initiatives Partnership Program; and
Neighborhood Stabilization Program.
Community Development Division
15. Approve and accept the Neighborhood Stabilization Program (NSP)
monthly snapshot/report and properties acquired by Seminole County Government.
16. Approve and authorize the Chairman to execute the Emergency
Solutions Grants (ESG) Subrecipient Agreement, as shown on page _______, with Community
Based Care of Central Florida, Inc. for Program Year 2014/15 to provide rapid
re-housing services to homeless households through their Pathways to Home Program.
Development Services
Planning & Development Division
17. Authorize the release of Water and Sewer Performance Bond #0596256
in the amount of $688,150.54 and Road, Streets, and Drainage Performance Bond
#0596257 in the amount of $1,170,956 for Enclave at Aloma.
18. Approve the final plat for the Monroe Commerce Center South
subdivision containing three lots on 4.25 acres, located on the southeast
corner of Church Street and N. Elder Road; Monroe South SPE, LLC.
19. Authorize staff to pursue the items requested by American Land
Investments of Cameron, LLC (ALIC) as follows:
(1) Request FDOT 5 continue the street name of East Lake Mary Boulevard
for the segment of SR 415 between SR 46 and the Seminole County line to eliminate
duel designation to the driving public and allow postal designation of either
East Lake Mary Boulevard or SR 415 and place appropriate signage as to FDOT 5
standards; (2) Identify Riverbend area on County GIS;
(3) Request FDOT 5 install area place name signs on SR 46 and SR 415 that say “Riverbend” (standard green street signs) and American Land
will pay for sign cost; (4) If the County intends to rebuild gateway monument
sign at the County Line on SR 415, include the name Riverbend
at bottom of sign and American Land will pay proportional share cost; (5)
Request Seminole County apply for FDOT Florida Highway Beautification Grant to
upgrade median improvements for SR 46; and (6) If request #5 above is
successful, consider granting an improvement district for Cameron, LLC to pay
proportional share maintenance costs for median enhancements; Riverbend Placemaking - A
Community Vision; American Land Investment of Cameron, LLC.
Environmental Services
Water/Wastewater Division
20. Approve and authorize the Chairman to execute the Monitoring Well
Easement, as shown on page _______, with the City of Casselberry to allow
installation of a groundwater monitoring well which is required by the St.
Johns River Water Management District Consumptive Use Permit.
Leisure Services
Business Office
21. Approve and authorize the Chairman to execute the First Amendment,
as shown on page _______, to an Interlocal Agreement with the City of Sanford extending
the completion date to June 30, 2015 for the structural revetment along 73’ of
unprotected shoreline at Marina Island.
Tourism Development Division
22. Approve and authorize the Chairman to execute a Tourist Tax Funding
Agreement, as shown on page _______, with the United States Youth Soccer
Organization, Inc. in the amount of $9,500 to host the 2015 U.S. Youth Soccer
ODP Girls’ National Training Camp on January 21 through 27, 2015.
23. Approve and authorize the Chairman to execute a Tourist Tax Funding
Agreement, as shown on page _______, with Central Florida Softball Organization,
Inc. in the amount of $2,500 to host the 2015 Orlando Meltdown Charity Softball
Tournament on January 16 through 18, 2015.
24. Approve and authorize the Chairman to execute a Tourist Tax Funding
Agreement, as shown on page _______, with the Florida Amateur Softball
Association in the amount of $4,153 for the 2015 January International Fast-Pitch
Softball Tournament to be held on January 15 through 18, 2015.
Public Safety
Business Office
25. Adopt appropriate Resolution #2014-R-247, as shown on page _______,
amending Section 20.38 of the Seminole County Administrative Code, Public
Safety Fees.
Public Works
Engineering Division
26. Pulled from the agenda
request to adopt a Resolution approving release of the mineral rights and declaring
surplus the remainder of a County-owned, vacant parcel #12-20-30-507-0000-0550 located
at 3861 French Avenue, Sanford; and authorize staff to put this property out to
bid using the appraised value of $20,000 as a minimum bid.
27. Approve and authorize revisions to the lists of projects for
Exhibit C, as shown on page _______, Potential Roadway Resurfacing Projects and
Potential Minor Roadway & Safety Projects of the Interlocal Agreement among
Seminole County, The School Board of Seminole County and the Signatory
Municipalities pertaining to the Shared Distribution and Use of the One-Cent
Local Government Infrastructure Surtax.
Traffic Engineering Division
29. Approve and authorize the Chairman to execute a Decorative Sign
Agreement, as shown on page _______, with Creek’s Bend Homeowners’ Association,
Inc. located on Red Bug Lake Road.
30. Approve and authorize the Chairman to execute the State of Florida,
Department of Transportation Traffic Signal Maintenance and Compensation
Agreement, as shown on page _______.
Resource Management
Business Office
31. Approve and authorize the Chairman to execute the First Amendment,
as shown on page _______, to the Agreement with Seminole County Victims' Rights
Coalition, Inc. d/b/a Safehouse of Seminole to
continue implementation of the Safe Havens: Supervised Visitation and Safe Exchange
Program through the U.S. Department of Justice, Office of Violence against
Women (OVW) Grant.
32. Approve and authorize the Chairman to execute a Federally Funded Subgrant Agreement, as shown on page _______, with the
State of Florida, Division of Emergency Management in acceptance of $17,778
through the FY 2014 State Homeland Security Program to assist with funding
Emergency Management planning, training and exercise functions.
Budget and Fiscal Management Division
35. Approve and authorize the Chairman to execute appropriate Resolution
#2014-R-251, as shown on page _______, implementing Budget Amendment Request (BAR)
#15-021 through the Community Services Grants Fund in the amount of $336,148 to
establish funding for the 2014 Continuum of Care Program Grant.
36. Approve and authorize the Chairman to execute appropriate Resolution
#2014-R-252, as shown on page _______, implementing Budget Amendment Request (BAR)
#15-022 in the amount of $1,364,148 through the Economic Development Trust Fund
to carryforward the Job Growth Incentive (JGI) and Qualified Target Industry
(QTI) unexpended project funds from the FY 2013/14 Budget to the FY 2014/15
Budget.
37. Approve and authorize the Chairman to execute appropriate Resolution
#2014-R-253, as shown on page _______, implementing Budget Amendment Request (BAR)
#15-024 through the BCC Projects Fund to establish the Civil Courthouse Phone
System Improvement Project #01785130 and appropriate $250,000 for required emergency
improvements to the phone system.
38. Approve and authorize the Chairman to execute appropriate Resolution
#2014-R-254, as shown on page _______, implementing Budget Amendment Request (BAR)
#15-025 to increase the budgeted transfer to the Clerk of the Court, County
Finance Office by $35,000 to cover costs associated with an audit of insurance
claims processed through Blue Cross/Blue Shield, using Reserves from the
General Fund.
39. Approve and authorize the Chairman to execute appropriate Resolution
#2014-R-255, as shown on page _______, implementing Budget Amendment Request (BAR)
#15-029 through the Public Works Interlocal Agreement Fund to recognize
contribution revenue in the amount of $183,750 to provide funding for the
Rinehart Road Mast Arm Project.
40. Pulled from the agenda request
to approve a Resolution implementing Budget Amendment Request (BAR) #15-033 to
carryforward unexpended project funding from the FY 2013/14 Budget to the FY
2014/15 Budget.
40A. Approve and authorize the Chairman to execute appropriate Resolution
#2014-R-256, as shown on page _______, implementing Budget Amendment Request (BAR)
#15-034 through the General Fund, Heroes Memorial Project, to appropriate
$73,800 of donated funds for the purchase of Heroes Memorial statues.
Internal Support Services Division
41. Approve the County's Workers' Compensation, Property and Liability
Insurance Programs for calendar year 2015 and authorize staff to bind coverages
effective January 1, 2015.
Purchasing & Contracts Division
42. Approve an increase to the Board-approved Estimated Term Usage
under PS-8047-12/JVP, Master Services Agreement for Geotechnical and
Construction Material Testing and Inspection Services by an additional $500,000
annually.
43. Approve the Assignment of IFB-601427-12/BJC, as shown on page
_______, Term Contract for Purchase of Potassium Hydroxide from The Dumont
Company, Inc. to Hawkins, Inc. d/b/a Dumont, Roseville, Minnesota; and
authorize the Purchasing & Contracts Division to execute the Assignment.
44. Approve ranking list, authorize staff to negotiate rates in accordance
with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and
authorize the Purchasing & Contracts Division to execute four Master Services
Agreements (MSA’s) for PS-9738-14/JVP, as shown on page _______, Master Agreement
for General Environmental Consultant Services with Vanasse
Hangen Brustlin, Inc.; Aecom Technical Services, Inc.; Environmental Consulting
& Technology; and ESciences, Inc. (Estimated
Annual Usage of $750,000).
Districts 1, 2, 3, 4 and 5
voted AYE.
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Request to approve
a Resolution; a Joint Facilitation of Public Infrastructure Agreement with Oaks
at Lake Mary, Ltd. and Oaks Out, LLC; a Drainage and Retention Pond Easement; a
County Deed; and a Termination of Easement with Oaks at Lake Mary, Ltd. and
Oaks Out, LLC, respectively, for Parcel #17-20-30-300-0310-0000, a Seminole
County-owned vacant 0.37-acre lot; #17-20-30-300-0050-0000, a Seminole County
Retention Pond, and #17-20-30-300-0060-0000, an Oaks at Lake Mary Ltd.
Property, was presented.
Commissioner Constantine asked what changes were made to Exhibit
C that was received this morning. David
Shields, Assistant County Attorney, addressed the Board to advise that the new
Exhibit C corrects a survey problem that was discovered in the last couple of
days. The easement did not close up with
the right-of-way to the east of the property; there was about a four-foot
difference.
Upon inquiry by Commissioner Constantine, Chairman Carey
explained that to use a corner for a retention pond is not the best use of a
corner. The landowner had come forward
and asked if they paid to move the retention pond, would the County be willing
to allow them to do that and to use that corner to build. She added that the property is in the City of
Lake Mary and at that time, they were looking at putting retail there. When it was going to go to a PD (Planned
Development), they took that opportunity to require other changes to the
property including the existing Center and therefore, it became financially
unfeasible. Therefore, the project did
not move forward and then the economy took a downturn. The project before them today is to build an
office building that will create jobs for one of the major healthcare providers
here.
Commissioner Constantine questioned whether staff looked at a
valuation change from what it was in 2009.
Brett Blackadar stated that this property owner is the only property
owner that can fulfill this agreement because they are replacing the pond on
their property and giving the County the easement. The appraisal as a pond does not have a lot
of value.
Commissioner Dallari stated that once the landowner moves the
retention pond and increases its capacity, that
property owner is required to maintain it and he confirmed with the County
Engineer that there is no escalation clause for the County to cover any
maintenance.
Motion by
Commissioner Constantine, seconded by Commissioner Horan, to approve appropriate
Resolution #2014-R-248, as shown on page _______; a Joint Facilitation of
Public Infrastructure Agreement, as shown on page _______, with Oaks at Lake
Mary, Ltd. and Oaks Out, LLC; a Drainage and Retention Pond Easement, as shown
on page _______; a County Deed, as shown on page _______; and a Termination of
Easement, as shown on page _______, with Oaks at Lake Mary, Ltd. and Oaks Out,
LLC, respectively, for Parcels #17-20-30-300-0310-0000, a Seminole County-owned
vacant 0.37-acre lot; #17-20-30-300-0050-0000, a Seminole County Retention Pond;
and #17-20-30-300-0060-0000, an Oaks at Lake Mary Ltd. property.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Request to approve a Resolution implementing Budget Amendment
Request (BAR) #15-010 through the 2014 Infrastructure Sales Tax Fund appropriating
budget of $25,621,000 from Reserves to establish Third Generation Sales Tax
Projects, presented.
Upon inquiry by Commissioner Dallari, Chairman Carey stated that
this BAR is just establishing a line item for the dollars so they can be
applied to projects. Ms. Guillet added
they are in the midst of negotiating the contract with the firm the Board
selected to do program management. She further
explained that they cannot start paying out of the Sales Tax Fund until the
dollars are moved. Chairman Carey stated
that this is to establish the fund so that as the money starts to come in, it
will go to this particular line item.
Commissioner Horan confirmed that the $25 million is based on
nine months of collection.
Motion by
Commissioner Horan, seconded by Commissioner Constantine, to approve and
authorize the Chairman to execute appropriate Resolution #2014-R-249, as shown
on page _______, implementing Budget Amendment Request (BAR) #15-010 through
the 2014 Infrastructure Sales Tax Fund appropriating budget of $25,621,000 from
Reserves to establish Third Generation Sales Tax Projects.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Dallari voted NAY.
-------
Request to approve a Resolution implementing Budget Amendment
Request (BAR) #15-012 through the 2001 Infrastructure Sales Tax Fund to increase
funding of the Soldiers Creek Regional Stormwater Facility Project by $600,000,
was presented.
Upon inquiry by Commissioner
Dallari, Mr. Blackadar responded that the $600,000 will be split between two
different uses: $350,000 will be for the
CEI (Construction Engineering Inspection) costs and $250,000 will be for the
lift station. He explained that the effluent
that comes out of the Soldiers Creek Plant can be trucked, which is expensive,
or brought to the Greenwood Lakes Treatment Plant through this system, which is
the least expensive alternative. He
added they estimate it will save about $23,000 per month in maintenance costs.
Upon inquiry by Commissioner Horan,
Mr. Blackadar stated that since staff came to the Board in June of 2013, the engineer’s
estimate for construction has not changed for the actual Soldiers Creek Plant;
what has changed is the idea to work with Environmental Services to upgrade the
lift station to save long-term maintenance costs. Once the CEI was selected, their estimate was
over what staff originally budgeted for CEI, so they are trying to get the CEI
on board. He added they should get back
the $250,000 in the first year from the savings in maintenance. He clarified that the $350,000 is above what
they originally talked about, but they will still try to get that back from
FDOT.
Commissioner Horan questioned with
regard to the entire project whether the amount of money negotiated from FDOT will
be enough to pay for it. Mr. Blackadar
replied that the same cost that was put in the 2013 agreement still applies for
the actual Soldiers Creek plant itself.
Mark Flomerfelt, Public Works Engineering, addressed the Board to add
that it still applies to the current estimate.
They will find out in April when the bids come in whether the engineer’s
estimates are correct.
Commissioner Dallari reminded the
Commissioners that the whole reason for doing this is TMDL’s and said they have
not hit their mark with the TMDL measurements going into the basin yet. He added he will be very curious to see how
much it will cost per pound and how they are actually measuring it. He opined if they don’t meet the TMDL
numbers, staff will need to figure out another way to do it with no additional
funding.
Motion by
Commissioner Horan, seconded by Commissioner Constantine, to approve and
authorize the Chairman to execute appropriate Resolution #2014-R-250, as shown
on page _______, implementing Budget Amendment Request (BAR) #15-012 through
the 2001 Infrastructure Sales Tax Fund to increase funding of the Soldiers
Creek Regional Stormwater Facility Project by $600,000.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Dallari voted NAY.
-------
Request to approve Work Order #2,
Guaranteed Maximum Price (GMP) for RFQ-9093-13/RTB, Construction
Manager at Risk (CMR) for Seminole County Sports Complex Projects (AIA
Agreement) with Wharton-Smith, Inc., Sanford, in the amount of $7,229,560,
presented.
Commissioner Dallari stated that
when they discussed this project previously, design/build and GMP, it was
supposed to be cohesive, but now it seems staff is splitting it up with this
request. He added they also discussed
having a cohesive team between staff, the consultants and the contractors, but
there seems to be a disconnection. In
addition, he said they still do not have a full set of drawings, and he has not
seen anything on the branding.
Joe Abel, Leisure Services
Director, addressed the Board to state they separated this out because it is a
significant price and they wanted to tie that number down. Also, they wanted to get the subcontractor
involved in the final design process to ensure the design will meet their
requirements going forward.
Upon inquiry by Commissioner
Dallari, Mr. Abel advised staff has received design submittals at 30%, 60% and
90%, and then addressed their concerns with the team, which typically takes a
couple of weeks to do. Mr. Abel also
stated that 90% drawings were due on November 7th and he has not yet
approved a 90% submittal.
Chairman Carey confirmed that staff
has submitted their comments and questioned when those would be addressed and
the revised 90% plans resubmitted. Mr.
Abel stated they should receive the final 90% drawing by the end of the day or
tomorrow.
Mr. Abel advised that staff has
been putting together sponsorship opportunity packages.
Commissioner Henley left the
meeting at this time.
Commissioner Horan stated he does
not understand why they are establishing a GMP concerning a certain portion of
the project at this time. He believes
the contractor could have a letter of intent with the subcontractor. He said he cannot support this because it is
not a CMR-project-delivery method. He
added he prefers to wait until January 2015 because they will have 90% drawings
and the schedule shows that a GMP should be established with all of the trades
including electrical and vertical construction between now and that time period.
Commissioner Henley reentered the
meeting at this time.
Mr. Abel stated the 100% drawings
were due on December 12th so that the CMR could begin putting the
GMP together. The GMP is due to the
staff in January to begin negotiations and is scheduled to be brought back to
the Board in February.
Tom Murphy, Wharton-Smith Project Executive,
addressed the Board to explain the reasons they were asked to put together an
early GMP for the synthetic turf fields.
He said the major reason was to lock in the pricing and to provide the
design assist from the people that will actually provide the warranty for the
system. He added he does not have a
contractual way to give a vendor a letter of intent without having something
from the County; he only has a contract for pre-construction services. Discussion ensued regarding the project
delivery method and the pre-construction contract with Wharton-Smith.
Commissioner Constantine left the
meeting at this time.
Ms. Guillet stated that the contract
is a work-order driven contract.
Ray Hooper stated they were not
sure the price of the turf would be compatible with the project budget, and the
design capabilities of the turf was critical for HKS Architects to get the
information from the successful turf bidder to get those components that are
essential for the support of the turf, the warranty of the turf, and the drainage
of the turf. Staff is also trying to use
sales tax recovery on the purchase of the turf to save the County additional funds. Therefore, they negotiated all the general
conditions and all the general requirements of the full GMP and they prorated
it 25% for the turf portion and then added the appropriate fees.
Commissioner Constantine reentered
the meeting at this time.
Mr. Hooper stated that if the Board
wants to give him the authority to send a letter to Shaw Sports Turf indicating
they are the successful firm and to hold pricing knowing that there is no
funding document, he would be happy to do so.
Commissioner Horan opined that letter needs to be sent from the
contractor to its subcontractor because the County is not doing a direct
purchase.
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to authorize the
Purchasing & Contracts Division Manager to send the appropriate document to
notify Shaw Sports Turf that they are the successful bidder to provide
artificial turf for the Seminole County Sports Complex project, with the
expectation that one final GMP will come back to the Board at a later date.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari questioned whether they will see the final
90% drawings on schedule for staff to approve.
Nathan Butler, HKS Architects, Inc. Vice President, addressed the Board
to review the timeline for the 90% submittal.
He said they followed up on staff’s comments yesterday in a stand-up
review. They looked at budget
considerations, value engineering and bid options that will be structured into
the package. He added that they are on
track to deliver 100% drawings on December 12th. Commissioner Dallari confirmed with Mr.
Butler for the record that his design team will meet the schedule.
Mr. Butler stated they had a very good discussion with County staff
yesterday on branding. He said the branding
will be supported by the design and the design is intended to support the
County’s goals for marketing and sponsorships for different revenue streams and
the promotion of the project.
Commissioner Carey asked the consultants to stay until the end
of the meeting for any questions the Commissioners may have and to be able to
meet with them one on one.
Commissioner Horan addressed Brady Lessard
with CPH stating he would like them to ensure they have everyone on board with
the concrete information they need in order for the contractor to correctly
give the BCC a price.
Mr. Butler stated in regard to the flythrough, they understand
there is an expectation and they have a responsibility to deliver that. The development of the project from 90% to
this week has included and evolved some additional site-plan modifications with
CPH’s wrapping up this week for their submittal. The flythrough is something they intend to
develop once all that is wrapped up. He
explained it is not a contractual deliverable but something they have added on
top of the standard type of delivery they would do with 100% submittal. He said it will accompany the GMP
presentation in February.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to approve the following:
Clerk’s Office
46. Approval of Expenditure Approval Lists, as
shown on page _______, dated November 3, 10, and 17, 2014; and Payroll Approval
Lists, as shown on page _______, dated October 23 and November 6, 2014;
approval of the BCC Official Minutes dated November 18, 2014; and noting, for
information only, the following Clerk's
"Received and Filed":
1.
Work
Order #28, as shown on page _______, to PS-1020-05.
2.
RFP-602106-14,
as shown on page _______, Consultant Services Agreement, System Planning
Corporation – Tridata Division.
3.
Second
Amendment, as shown on page _______, to IFB-601404-12, Ferguson Waterworks.
4.
Sixth
Amendment, as shown on page _______, to IFB-601448-12, WCA of Florida, LLC.
5.
Memorandum
dated October 31, 2014 from Tammy Roberts, Purchasing & Contracts,
regarding RFP-602081-14.
6.
Closeout,
as shown on page _______, to CC-8450-13.
7.
Parks
Contracts for Services, as shown on page _______, for Justin Aganor, Ronald Delgado, Cathy Kennan, Steve Strome, Jeff Wiley and Cynde
Wilkes.
8.
Title
Opinion and Performance Bond #800013293, as shown on page _______, in the
amount of $177,958.28 for the project known as Lakeside Estates, per plat
approval on August 26, 2014.
9.
Work
Order #11, as shown on page _______, to PS-8286-13
10.
Change
Order #1, as shown on page _______, to CC-9328-14.
11.
Second
Amendment, as shown on page _______, to IFB-601314-12, Janpak,
Inc.
12.
Change
Order #1, as shown on page _______, to Work Order #4 to CC-9072-13.
13.
Fifth
Amendment, as shown on page _______, to RFP-601745-13, Apex Pest Control, Inc.
14.
IFB-602087-14,
as shown on page _______, Term Contract with NILS Humburg
Enterprises, LLC d/b/a Ace Flow Control.
15.
First
Amendment, as shown on page _______, to IFB-601805-13, USA Services of Florida,
Inc.
16.
Second
Amendment, as shown on page _______, to RFP-8312-12, Topline Construction
Services, Inc. d/b/a Chief Inspection Services.
17.
Change
Order #1, as shown on page _______, to Work Order #3 to CC-9072-13.
18.
Closeout,
as shown on page _______, to CC-8481-13.
19.
Change
Order #1, as shown on page _______, to Work Order #4 to CC-9192-13.
20.
Amendment
#2, as shown on page _______, to Work Order #43 to PS-4388-09.
21.
First
Amendment, as shown on page _______, to IFB-601852-13, Adapco,
Inc.
22.
Special
Warranty Deed, as shown on page _______, with 7-Eleven, Parcel Nos.
32-19-30-300-007N-0000 and 05-20-30-300-0040-0000.
23.
Work
Order #3, as shown on page _______, to PS-9092-13.
24.
Amendment
#1, as shown on page _______, to Work Order #51 to PS-4388-09.
25.
Work
Orders #67 and #68, as shown on page _______, to RFP-5465-10, Site Secure.
26.
Change
Order #6, as shown on page _______, to CC-9155-14.
27.
Change
Order #1, as shown on page _______, to Work Order #3 to CC-9192-13.
28.
Performance
Bond #SU1128420, as shown on page _______, for Walden Cove Plat in the amount
of $454,774.37.
29.
Development
Order #14-27500043, as shown on page _______, Alcoholic Beverage License for Duffy’s
Sports Grill, Colonial Properties.
30.
Developers
Commitment Agreement, as shown on page _______, ZDA at South Sylvan Lake
Planned Development.
31.
Work
Order #2, as shown on page _______, to PS-8054-12.
32.
Change
Order #5, as shown on page _______, to CC-9155-14.
33.
Work
Order #13, as shown on page _______, to PS-2051-07.
34.
Work
Order #73, as shown on page _______, to PS-4388-09.
35.
Work
Order #75, as shown on page _______, to PS-4388-09.
36.
Work
Order #78, as shown on page _______, to PS-3914-08.
37.
Work
Orders #2 and #3, as shown on page _______, to CC-9218-14.
38.
Change
Order #1, as shown on page _______, to Work Order #21 to CC-8199-12.
39.
Work
Order #21, as shown on page _______, to PS-8186-13.
40.
First
Amendment, as shown on page _______, to IFB-601796-13, Term Contract with
Patterson Veterinary Supply.
41.
Change
Order #2, as shown on page _______, to Work Order #4 to CC-9072-13.
42.
Change
Order #3, as shown on page _______, to CC-8825-13.
43.
Conditional
Utility Agreement, as shown on page _______, for Water, Wastewater or Reclaimed
Water Services with Standard Pacific of Florida GP for the project known as
Queens Club.
44.
First
Amendment, as shown on page _______, to RFP-601192-11, Term Contract with Mac
Trailer Manufacturing, Inc.
45.
IFB-602105-14,
as shown on page _______, Term Contract with Maschmeyer
Concrete Company of Florida.
46.
Work
Order #15, as shown on page _______, to PS-8148-12.
47.
Memorandum
dated November 7, 2014 from Ray Valdes, Seminole County Tax Collector, to
Nicole Guillet, Acting County Manager, RE: Financial Donation from William and Sue
Wills.
48.
Audit
performed by the Clerk’s Office dated November 11, 2014 entitled Special Review
of 24-HR Vehicle Assignment.
49.
Parks
Contracts for Services, as shown on page _______, for Lynn E. Ford; Brenda
Rogue; Debra C. Savino; and David W. Smith.
50.
Letter
to Chairman Dallari from Sean Gallagher, Florida Department of Agriculture and
Consumer Services submitting the 2013/2014 Annual Report for the
accomplishments of the Florida Forest Service in the Fire Control Program.
51.
Seventh
Amendment, as shown on page _______, to RFP-601461-12.
52.
Bids as
follows: RFP-602127-14, IFB-602124-14,
RFP-9833-14, RFP-602081-14, IFB-602129-14, and PS-9738-14.
Sheriff’s Office
47. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-257, as shown on page
_______, implementing Budget Amendment Request (BAR) #15-020 through the
General Fund to reallocate $25,000 of operating budget from the Sheriff's
Office Facility Maintenance Budget to the County's Facilities Budget for the
maintenance of the electronic door access systems at three Courthouse
facilities.
48. Approve an expenditure of $10,000 from the Law Enforcement Trust
Fund to provide funding to IMPOWER to support The Village, a transitional
housing program for former foster youth.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Paula Halleck, Development Services, addressed the
Board to present a request for a reduction of the Code Enforcement Board lien, from
$365,250
to $500, for Case #14-98-CEB on property located at 315
Spring Lake Hills Drive, Altamonte Springs, Tax Parcel #22-21-29-5CM-0F00-0160, James and Donna Sada, Owners
and Applicants.
Ms. Halleck reviewed the background timeline as
indicated in the agenda memorandum. She
advised that staff’s recommendation is to reduce the Code Enforcement Board
lien by 50% from $365,250 to $182,625 because the property owners were aware of
the violations from inception of this case, which was May 26, 2010, and it took
them 1,461 days to obtain building permits to bring this into compliance.
James Sada, applicant,
addressed the Board to explain why it took so long to bring this into
compliance. He stated the contractors
pulled the permits for the work and five years later he was told he was not in
compliance. He said finding a contractor
to “pick up the pieces” from a previous contractor was very difficult and it
took that long. It was only through a
friend that he was able to do so. Upon
inquiry by Commissioner Henley, Mr. Sada explained
that a pool was installed and all the initial permits were pulled by the
contractor, but the contractor never called for the final inspection. Chairman Carey confirmed that a permit had
also been pulled for the pergola.
Commissioner Constantine reviewed the timeline of events with Mr. Sada.
Upon inquiry by Commissioner Dallari, Ms. Halleck
advised that the administrative costs are $340.31.
No one spoke in support or in opposition.
Motion
by Commissioner Constantine, seconded by Commissioner Henley, to reduce the Code
Enforcement Board lien to 1% of staff’s recommendation, from $365,250 to $1,826.25,
and if payment is not made within 30 days, the lien will revert to the original,
total amount of $365,250; and to authorize the Chairman to execute the Release
of Lien upon payment in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Brett Blackadar, County Engineer, addressed the
Board to present a request to consider approval of the City of Longwood’s
conceptual plan for the Ronald Reagan Boulevard (CR 427) Context Sensitive
Improvements from SR 434 to Palmetto Avenue, and authorize the City of Longwood
to act as the County’s agent to submit permit applications for the project.
Sheryl Bower, Director of Community Development
Services with the City of Longwood, addressed the Board and displayed a
PowerPoint presentation (received and filed).
Ms. Bower reviewed the Project History and Project Context.
Ms. Bower introduced Fred Burkett and James Pankonin from Kimley-Horn advising
they are the design engineer and landscape architect for the project. Mr. Burkett addressed the Board to review the
Context Sensitive Design. Mr. Pankonin addressed the Board to review Project Examples,
Existing Conditions and Proposed Enhancements.
Mr. Pankonin displayed a photo of Edgewater
Drive in Orlando showing bike lanes between the roadway and parallel
parking. Chairman Dallari stated that
there are safety issues with people opening the driver’s side doors into the bike
lanes.
Mr. Burkett continued the presentation by discussing
Context Sensitive Design Approach on Ronald Reagan Boulevard.
Mr. Burkett displayed the Existing View North of
Church Avenue and then the Proposed Enhancements. Chairman Carey answered Commissioner Henley’s
question stating there will be four lanes, two in each direction, and they are
narrowing the median to accomplish that.
Commissioner Dallari asked how they would prevent the safety hazard of
cars opening their doors into the bike lane and possibly striking a cyclist. Ms. Bower stated she is careful when riding
next to cars and still prefers the bike lane because it provides three feet
between the driving lanes and the parallel parking. She stated she always looks to see if anyone
is in a car before she rides by it.
Mr. Pankonin completed the
presentation by reviewing the Benefits of Context Sensitive Design.
Commissioner Dallari questioned how the I-4
expansion, the widening of U.S. 17-92 from Shepard Road to Lake Mary Boulevard,
and the work that is being planned on U.S. 17-92 will affect this project. Mr. Blackadar advised the work on 17-92 from
Shepard Road to Lake Mary Boulevard is programmed to start construction next
year and will probably be done by the end of 2017. The I-4 construction
will start this year and be done by 2020 or 2021. He said this project will have funding in FY
2018/19. He was unaware if the City of
Longwood had developed their funding plan yet.
He stated he believes if construction on this project started right away
while U.S. 17-92 was under construction, it could cause some issues. Commissioner Dallari expressed concern that with
the I-4 widening project, people will be looking for alternate routes and will
be using Ronald Reagan Boulevard instead of I-4. He added he is also concerned about the
planned bike lanes with parallel parking as he mentioned previously.
Upon inquiry by Commissioner Dallari, Mr. Blackadar
stated they have not yet discussed metered parking. He said if the project is approved today,
they would need to come back before the Board with a very detailed Interlocal
Agreement and these concerns can be addressed in that Interlocal
Agreement.
Commissioner Dallari said the project is a great
concept and it would not only enhance the City of Longwood but the entire
County and these types of projects need to happen wherever there are SunRail stations.
Commissioner Dallari reiterated his concerns
including the bike lanes, pedestrian safety, economic development, and road
capacity during the I-4 expansion.
Commissioner Horan commented that he and Mr.
Blackadar had discussed the need, possibly in the future, to make Ronald Reagan
Boulevard six lanes. He said they also
discussed that this project will connect the TOD (Transit Oriented Development)
area with the historic area and create a sense of place. His concern is they would spend all this
money and people will still not cross the road because the only reason to go
from the TOD area to the historic area is if there are businesses that people
want to access like restaurants and shops.
Mr. Blackadar advised that there will be a
stipulation in the Interlocal Agreement that if the volume reaches a certain
point in the future, the County would still have the ability to six-lane the
road. The right-of-way was purchased and
the stormwater designed with that in mind.
Mr. Blackadar advised with regard to traffic counts
that since 2008, the traffic counts have been very steady through that area. He said he believes they will see an increase
during construction on U.S. 17-92, but then it will probably go back down to where
it has been.
Upon inquiry by Commissioner Dallari regarding the
stormwater ponds and capacity, Mr. Blackadar stated there will be some type of
language that addresses that in the Interlocal Agreement.
Chairman Carey stated the concerns of the Board
include addressing the retention ponds, ensuring the road capacity is not
impacted, reserving the right to six-lane Ronald Reagan Boulevard in the future
if needed, bike safety and scheduling.
Commissioner Henley expressed concern about the high
number of stop gates and said he has heard many complaints from citizens. He questioned the source for the information
regarding bike capacity at the Longwood SunRail Station, and he said that FDOT
has already notified LYNX that they are considering the elimination of bus
service to that station because of very low ridership. He further stated he also has concerns
regarding the bike lanes with the parallel parking.
Mr. Blackadar recommended they bring back an
Interlocal Agreement to the Board as a regular agenda item. He said the City of Longwood could present
some updated concepts as to how they will address the concerns of the
Board. He explained that the approval of
the conceptual plan today is time sensitive because the City of Longwood needs
to go forward and act on the County’s behalf to get the permitting done and
finish the HUD (U.S. Department of Housing and Urban Development) grant.
No one spoke in support or in opposition.
Motion
by Commissioner Henley, seconded by Commissioner Dallari, to approve the City
of Longwood’s Conceptual Plan for the Ronald Reagan Boulevard (CR 427) Context
Sensitive Improvements from SR 434 to Palmetto Avenue; bring back the final
design as a BCC regular agenda item addressing the issues and concerns
expressed by the Board; and authorize the City of Longwood to act as the
County’s agent to submit permit applications for the project.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Tad Stone, Public Safety Director, addressed the
Board to present a request to consider approval of the Fire and Emergency
Medical Services Interlocal Agreement with the City of Casselberry.
Mr. Stone thanked Randy Newlon,
the City of Casselberry’s City Manager, for all his work and assistance. He advised that the City of Casselberry’s
Commission approved the agreement last night with one minor change, that being a
strikethrough of the term “midpoint” on page 11, section (2)(i), under “Future
City Financial Obligations.”
Mr. Stone reviewed the agreement as outlined in the
agenda memorandum and stated that staff recommends approval.
Commissioner Henley commended the County Attorney’s
Office for the bullet-point listing they provided on the impacts of the agreement. He stated he would like to see the same for
future contracts. Chairman Carey said
the County Attorney plans to do so.
John Casselberry, 700 South Lost Lake Lane,
addressed the Board to state he attended the police and firefighters pension
board meeting last Wednesday in an unofficial capacity. He mentioned then that this agreement was on
the BCC agenda for today, and the pension board’s attorney did not know
anything about it.
Mr. Casselberry stated that the agreement reads that
either party could cancel at any time with just a letter, and
he believes that it needs more language.
Chairman Carey explained that the City is going to implement budget
changes to their millage to offset this, and the County’s millage for the Fire
Fund will be implemented. She believes
it will be an annual discussion and if someone is unhappy, they will know about
it ahead of time. She added that this
has been done with the Cities of Altamonte Springs and Winter Springs and it
has worked quite seamlessly. Ms. Guillet
added there is a two-year lead time of cancellation to give either side the
opportunity to plan.
Mr. Casselberry questioned whether this agreement
could be cancelled by either party before it is ever implemented in October
2015, to which Mr. Applegate responded that it could not.
Commissioner Dallari thanked County staff, the
County Manager and County Attorney stating that they have worked very hard on
this over the last couple of years. He
also thanked the City of Casselberry and stated Mayor Charlene Glancy, City Manager Randy Newlon
and Commissioner Sandy Solomon are present.
He opined this is something that should be happening regionally on a
regular basis.
No one else spoke in support or in opposition.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to approve the Fire
and Emergency Medical Services Interlocal Agreement, as shown on page _______, with
the City of Casselberry, removing the term “midpoint” on page 11, section
(2)(i), under “Future City Financial Obligations,” with services to the City of
Casselberry beginning on October 2, 2015, as presented by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S REPORT
The Board noted, for information only, the
Informational Budget Transfer Status Reports for FY 2013/14 and FY 2014/15
(October 2014).
COUNTY ATTORNEY’S
REPORT
No report.
-------
Chairman Carey recessed the meeting at 12:20 a.m., reconvening
at 1:30 p.m., with all Commissioners and all other Officials, with the
exception of Clerk of Court and Comptroller Maryanne Morse and Deputy Clerk Terri
Porter who was replaced by Deputy Clerk Erin Leben, who were present at the
Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner Horan, 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
ORDINANCE AMENDING CHAPTER
160,
PART 1 OF THE SEMINOLE
COUNTY CODE
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of an Ordinance amending Chapter 160, Part 1, Article II of the
Seminole County Code providing for inclusion of the entire incorporated area of
the City of Casselberry into the Fire Unit, Seminole County, received and
filed.
Tad Stone,
Public Safety Director, addressed the Board to present the request as outlined
in the Agenda Memorandum.
John A.
Horvath, 1004 Bradford Drive, addressed the Board to state it is important for
citizens to look at their tax dollars as they are the ones paying the
bills. He said he is glad to see
Casselberry is finally coming into the fold and adding more efficiencies to their
fire protection.
No one
else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by
Commissioner Constantine, seconded by Commissioner Horan, to adopt Ordinance #2014-45, as shown on page ______, amending
Chapter 160, Part 1, Article II of the Seminole County Code providing for
inclusion of the entire incorporated area of the City of Casselberry into the
Fire Unit, as described in the proof of publication, Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
AMENDMENTS TO
THE TEXT OF THE
SEMINOLE
COUNTY COMPREHENSIVE PLAN/Seminole County
Proof of publication, as shown on page
_______, calling for a public hearing to consider adoption of an Ordinance
amending the Introduction, Conservation, Future Land Use, Implementation, and
Transportation Elements of the Seminole County Comprehensive Plan, Seminole
County,
received and filed.
Sheryl Stolzenberg,
Development Services, addressed the Board to present the request as outlined in
the Agenda Memorandum.
Upon inquiry by Commissioner Henley, Ms. Stolzenberg advised staff believes all of the changes
together will make the Comprehensive Plan a lot easier for the public to
understand and for anybody who is working with the Plan in the future. Staff also thinks it will help implement a
lot of the regional visions that the County is participating in and be more
supportive of things like SunRail.
Upon further inquiry by Commissioner
Henley, Ms. Stolzenberg advised staff included
examples for the Board as to whether a great increase in density in the urban
area would result from a change in the definition, and she stated staff does
not believe they will see a great increase.
She said they believe they will see a greater ability for infill lots
and odd-shaped properties in the County’s redeveloping areas to be attractive
to developers. She thinks this will be
supportive of the County’s goals for the urban area and SunRail.
At the request of Chairman Carey and
Commissioner Henley, Ms. Stolzenberg explained that
the Amendments would not allow for somebody to develop where a road or
right-of-way is, but they would get credit for that land. She noted there are some communities that
give credit for wetlands even though you can't build right on the
wetlands. They are allowed to have that
density, but they have to locate it in the upland.
Regarding the issue of right-of-ways,
Nicole Guillet, County Manager, explained that the only way a right-of-way
would be included is if it is on the actual property that is being developed,
not adjacent to it.
Commissioner Henley questioned if this won’t
have much of an effect, then why should the County
change it. Chairman Carey explained she thinks
that part of the reason is to make the Comprehensive Plan uniform with the
region.
Tina Williamson, Development Services
Director, addressed the Board to advise there is a statement in the proposed definition
that does not allow the definition to be retroactively applied to developments
that have been platted prior to December 31, 2014.
Upon inquiry by Commissioner Dallari, Ms.
Williamson confirmed the new definition for net density is excluded from the
Rural Area. Ms. Guillet explained that
what the actual effect would be is fact-specific to the specific development
and the characteristics of the development.
She gave the example of Wekiva Enclave, which was recently approved by
the County at a total of 18 acres with 32 lots, and explained that if they were
able to include the right-of-way in their net density calculations, they would
have yielded four more lots.
No one spoke in support or in opposition.
Motion by Commissioner Horan, seconded
by Commissioner Dallari, to adopt Ordinance #2014-46, as shown on page ______,
amending the Introduction, Conservation, Future Land Use, Implementation and
Transportation Elements of the Seminole County Comprehensive Plan, as described
in the proof of publication, Seminole County.
Under
discussion, Commissioner Constantine said he understands the need for this
change in high development areas and sees no need for this in the Rural Area. He stated his concern is with everything else
in the County being defined as Urban Service Area. He explained that in looking at the numbers,
there is a tipping point as to where a development is comfortable and can
handle the development needs. He gave an
example of one case where there were forty additional units in a development as
opposed to the example Ms. Guillet gave of four units.
Commissioner
Constantine said there is a reason this County did not include road right-of-ways
and transmission power line easements in the past and he has not seen a
sufficient reason to change it. He
advised that although it is true that there are some counties in this area that
include those, it is also true that many counties in this state and area do
not. He believes these text amendments
are more in line with development rights in cities, not in counties. He opined counties should not be looking to
increase density, but should be looking to have good growth.
Commissioner
Horan stated he has always been in favor of Seminole County evolving into an
urbanized county that has very protected rural areas to its east and west sides.
He stated the way he looks at the
evolution of this change is that Seminole County is no longer a bedroom
community or suburb of Orlando. The
spine of the county is quickly becoming more and more urbanized and follows
along the arterial travel ways, I-4 and the SunRail. He thinks this change makes a lot of sense
and that it is good public policy to go with the change. He explained he is not particularly swayed by
the fact that they might be consistent with some other county or consistent
with the region.
Commissioner
Henley opined that even in urban areas, open space is desirable and it is
unnecessary to build on every open space available as it will create more and
more congestion. Chairman Carey
clarified the open-space requirements will not change and will remain the same.
Commissioner
Constantine opined it is important to protect the investment of the people that
have already put down roots and are here as opposed to helping more development
simply for the sake of helping more and more development. He explained that he wants good development in
Seminole County, but thinks density does not necessarily make good quality of
life and good development for Seminole County.
He stated he is suggesting that instead of applying the change to all
areas of the county except for the Rural Area, it should be if someone needs to
have additional development, they can prove to the Board that there is some
sort of hardship and need. He said he
thinks this would protect the investment of the people that are here and the
investment of the development community that is coming in here by providing
good development.
Districts 1, 2 and 5 voted
AYE.
Districts 3 and 4 voted
NAY.
DEER LAKES
REZONE/Alaqua Investments, Inc.
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of an
Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development)
for 38.98 acres located on the north side of West SR 46 and east of Longwood
Markham Road, and approval of the associated Development Order and the Master
Development Plan for 38.98 acres, located on the north side of West SR 46 and
east of Longwood Markham Road, Alaqua Investments,
Inc., received and filed.
Matt Davidson, Planning and Development, presented the request
as outlined in the Agenda Memorandum. He
advised that the Planning & Zoning Commission recommended approval and
staff recommends approval of this item.
Charlie Madden, Madden, Moorhead & Glunt,
Inc., on behalf of the applicant, addressed the Board to state there is an
existing set of approved construction drawings previously done by Hugh Harling
that adhered to the A-1 zoning, which required one-acre lots. He explained their intent is to do a better
job through a cluster plan of preserving the magnificent oak trees on the
property that they want to make every effort to save. He added that in the plans that are approved,
they could have a preconstruction meeting next week and build it the following
week. He advised there isn't any
designated upland open space in the approved plan. He continued by explaining the Code requires 10%,
but in doing their plan, the cluster plan, they would be exceeding 25% upland
open space and if the wetland was included, it would be over 40% of undeveloped
upland areas, much like the Board previously discussed.
No one spoke in support or in opposition.
Motion by District Commissioner Carey,
seconded by Commissioner Constantine, to adopt Ordinance #2014-47, as shown on
page _______, enacting a Rezone from A-1 (Agriculture) to PD (Planned
Development) for 38.98 acres located on the north side of West SR 46 and east
of Longwood Markham Road, and approve the associated Development Order, as
shown on page ______, and the Master Development Plan for 38.98 acres, located
on the north side of West SR 46 and east of Longwood Markham Road, as described
in the proof of publication, Alaqua Investments, Inc.
Districts
1, 2, 3, 4 and 5 voted AYE.
SEMINOLE COUNTY
CODE OF ORDINANCES AMENDMENT
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of an
Ordinance creating Chapter 95, Article III, of the Seminole County Code of
Ordinances to include registration, maintenance, and security requirements for
foreclosed properties, Seminole County, received and filed.
Meloney Lung, Resource
Management Department, addressed the Board to present the request as outlined
in the Agenda Memorandum. She advised staff recommends adoption of the
ordinance.
Upon inquiry by
Chairman Carey, Ms. Lung advised her understanding is if the mortgage holder is
not local, the intent would be to contract with someone to manage the property
for them to provide that inspection. Ms.
Lung stated if this ordinance is approved, the County will be piggybacking a
contract with Community Champions.
At the request of
Chairman Carey, Tom Darnell, Managing Director of Community Champions,
addressed the Board to explain most of the servicers either have a national
property manager or company that subcontracts local managers and/or they may
have regional or local places of business that are already doing that. He stated when there is a registration, all
the responsible parties are registered including the local property contact, if
required by ordinance.
Commissioner Horan
discussed the reasons he was in favor of this ordinance. He explained what he likes about this program
is the ancillary resources that the County will be able to tap into because Community
Champions will be formulating an online database of unoccupied foreclosure
default properties that the County can cross-reference against its own records. He stated the whole idea is to try to
incentivize mortgagees and businesses that are in the banking business or
lending money on real estate to do the right thing in terms of managing their
portfolios so that when they have a loan in default, they start working early
on how they're going to work out of the loan and include in that calculus the
care of the property itself.
Upon inquiry by
Commissioner Henley, Bryant Applegate, County Attorney, clarified that although
the ordinance specifically addresses foreclosed properties, the County will
still have the authority to deal with abandoned properties. Ms. Guillet added the County can still deal
with them, but they would not be subject to the registry.
Ms. Guillet stated she
would like to clarify for the benefit of the public how the ordinance is
fashioned to work. She explained there are
two different levels of properties, properties that are in default versus
properties that are formally in the foreclosure process. Properties that are in default are properties
that have received a notice of default from the bank, which does not
necessarily mean there's been an official foreclosure proceeding started in the
court system and a lis pendens
hasn’t been filed on it yet. She further
explained that for properties that are simply in default, the lender is
required to register the properties with the County if the properties are
vacant. If, for some reason after that
registration occurs, somebody occupies the property subsequently, they're still
obligated, even though the house is occupied, to maintain that registration
until they're out of the default or foreclosed action.
Ms. Guillet explained
all properties that are formally in the foreclosure process, which means there's
been a lis pendens filed
and it has entered the judicial system, whether they're vacant or occupied,
will be required to be registered under this ordinance. She stated she wanted to make sure there is a
distinction between simply receiving a notice of default versus being in the
foreclosure process. She said the
properties in default only trip the registration requirements if they are
vacant. The lender is required to do an
inspection and determine if it's vacant when they issue the notice of default
and if it is vacant, that's what triggers the requirement that they
register.
Upon inquiry by Commissioner
Henley, Ms. Lung advised the penalty for failing to register with the County
will be $100 per day for the first five days and $200 per day thereafter. Ms. Guillet clarified the penalty is applied
to the lender, not the homeowner.
Ms. Guillet advised
there will be a revision in the ordinance at line 115 on page 5 of 11, which currently
reads "if the property is occupied, but remains in default." Staff will revise it to read "if the
property is subsequently occupied but remains in default.”
Upon inquiry by
Commissioner Dallari, Ms. Guillet advised because homes can be going in and out
of default, they tie the requirements to whether or not the property is
occupied. She stated if the property falls
within the definition of “vacant” or “vacancy,” that triggers the requirement
to be registered, and even if it becomes subsequently occupied, until they cure
the default or they conclude the foreclosure proceedings, they have to remain
on the registry. She explained the
intent of this is to keep lenders aware of the properties to keep them in
compliance.
Upon further inquiry by
Commissioner Dallari, Ms. Guillet reiterated this ordinance requires the lender,
when he files the notice of default, to inspect the property, which means they
drive by the property and they determine whether or not somebody's living there. If it appears vacant, they have to register
it.
Ms. Guillet stated that
this ordinance gives the County the opportunity to have a resource where they
can know who to contact to get any violations corrected sooner rather than
later and to avoid scenarios where there are six-figure code liens and somebody
claiming that they didn't know there was a violation. She explained it will be beneficial to the lender
because they will know what their obligations are and will be beneficial to the
neighborhoods because it gives the County a resource to help get these
violations cleaned up more quickly.
Frankie Elliott,
Orlando Regional Realtor Association, 1330 Lee Road, addressed the Board to
state her Association doesn’t have a major issue with the idea or the intent
behind the ordinance. She stated she thinks
in terms of being able to identify those properties in a rapid manner that are
obviously in bad condition or occupied and are causing a public health hazard
or safety hazard, it benefits everyone for that to be notified or
rectified. She expressed her concern with
the definition of “default” as outlined in the ordinance and explained that every
mortgage is potentially a different document or different contract. She pointed
out that there can be hundreds of conditions within a mortgage that a lender or
even an individual who's holding a private mortgage can determine is a
violation and that the mortgage would therefore then be in default, and they
can trigger the foreclosure process.
Ms. Elliot explained
that if the County is going to start asking mortgage holders and lenders to
register properties when they are in default and ask them to pay hundreds of
dollars, whether it's in default this month and it gets remedied and goes back
into default again, that will amount to a great deal of money. She advised that what will happen is those
charges are going to be transferred back to the property owner. She said this will cause people to go into
default again because they can't afford to pay the fines.
Chairman Carey
reiterated what was stated earlier was the definition of “default” means you
are in default and the property is vacant.
Ms. Elliot advised there are three or four sections within this
ordinance that does not require both conditions to be present for the property
to be registered or to be inspected. She
said they support the whole idea behind trying to protect abandoned and/or
foreclosed properties, but their concern is the way some of the language of the
ordinance is written because it's not very clear and it does not stipulate
every time that both conditions need to be met.
Ms. Guillet stated if
they do not want to use the "default" trigger, they can simply say
"vacant foreclosed properties," which are properties that will have
filed a lis pendens as
opposed to properties that are behind in their mortgage. Chairman Carey mentioned if they changed the
definition of “default” to include that the property has been vacated, that
should resolve the issue Ms. Elliott presented.
Ms. Guillet suggested rather than changing the definition of “default,”
have “default” travel with “and vacant” wherever it is mentioned in the
ordinance.
Discussion ensued regarding
the issue of the properties becoming subsequently occupied.
Ms. Elliott questioned
why there is a need to register a property that's vacant, being maintained, and
in the foreclosure process if there is not a code enforcement issue, no
maintenance issue, and no security issue.
Chairman Carey explained it is because in the event that they don't keep
the property up, the County will know who to call. Discussion ensued.
Ms. Elliott said they
agree that it doesn't benefit anybody to have a property that's in bad shape to
be sitting in any neighborhood. She
opined that there is no sunset provision in this ordinance that says this will
go away after so many years. She
reiterated their bigger issue is in terms of how the definitions are
given.
Upon inquiry by
Commissioner Constantine, Chairman Carey advised other counties have
piggybacked on this Hernando County program, including some in our region; so
she thinks that if one of the other counties in the region would have had a
problem, they would know about it. Ms.
Elliott stated there has been about four or five different municipal
governments that have passed this ordinance, with success. Every one of them has started with a template
ordinance, and then amended it. Regarding
homes in default, she opined there's no way the County will be able to enforce the
requirements unless there's obviously an issue on the home and property.
Discussion ensued
regarding how other counties have amended this ordinance.
Regarding the issue of
properties being vacant but still in compliance, Commissioner Horan said the
County wouldn't regulate this at all unless they had a felt need to do so. He said the County handles these abandoned
vacated properties month after month and the lenders are not getting it, so that
is why they have decided to regulate in this particular situation because it is
going to do more for the common good than anything else. He thinks the registration fee is set at the
right amount. He said the County is not
here to make money on this situation, but rather incentivize the lending
industry to behave in the manner that's going to make it better for the common
good.
Ms. Elliott reiterated
her point, that the original intent in all of this is to make sure the homes
that are abandoned and vacant that are a public nuisance and a public health
issue, are top priority to make sure those get taken care of. She also mentioned there are some lenders
that are very good and want to protect their assets, but there are also lenders
that are not going to be good stewards of their property. She suggested the Board limit how much
collateral damage is done by putting more triggers in the ordinance to make
sure what the County is trying to do is what gets done and that those that are
complying are not harmed.
Chairman Carey
mentioned the County has the opportunity to revisit this six months from now and
address companies that are being responsible.
She discussed her concern with the 30-day notice. She stated she would like to see them have 60
days to be able to get the registration done because of the holiday. She said she thinks it's going to take a
little bit of time for the County to get the notice out to the companies and the
companies to get the properties registered.
Ms. Guillet clarified the deadline for the initial blush of registration
would be January 31st, so there would be almost two months.
Upon inquiry by
Chairman Carey, Ms. Guillet advised the notice will be posted as soon as the
Board takes action.
Commissioner
Constantine stated in new ordinances and legislation, no matter how well
intended, there are always unintended consequences and he thinks Ms. Elliott is
trying to point out those unintended consequences. He would like the County Manager and County
Attorney to make sure that they can point these consequences out and he opined there's
nothing wrong with revisiting and amending the ordinance if necessary. He stated he is in favor of moving forward
with this ordinance with the an option to tweak it as they
move forward.
At the request of
Commissioner Dallari, Ms. Guillet advised staff will provide a status report in
six months.
No one else spoke in
support or in opposition.
Speaker Request Form
was received and filed.
Motion
by Commissioner Horan, seconded by Commissioner Constantine, to
adopt Ordinance #2014-48, as shown on page ______, creating Chapter 95, Article
III, of the Seminole County Code of Ordinances to include registration,
maintenance, and security requirements for foreclosed properties, to change the
definition of “default” to “default and vacant,” and extend the 30-day period
to a 60-day period, as described in the proof of publication, Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
NON-PUBLIC
HEARING ITEMS
Ms. Lung presented a
request to adopt a Resolution amending the Seminole County Administrative Code
to establish fees necessary for the registration and maintenance of the
foreclosed properties program. She
presented the request as outlined in the Agenda Memorandum.
No one spoke in support
or in opposition.
Commissioner
Constantine stated he wants to make sure the subject of the $200 administrative
fee is revisited along with the subject of the ordinance in six months. Chairman Carey advised the resolution goes
hand in hand with the ordinance and confirmed with Ms. Guillet they will get an
update on the resolution as well.
Motion
by Commissioner Constantine, seconded by Commissioner Horan, to adopt
appropriate Resolution #2014-R-258, as shown on page ______, amending the
Seminole County Administrative Code to establish fees necessary for the
registration and maintenance of the foreclosed properties program.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms. Lung
presented a request to piggyback onto Hernando County’s RFP #14-R00092/TKB,
Foreclosure Registration Services through Community Champions Corporation,
Melbourne. She advised staff is
recommending approval.
No one
spoke in support or in opposition.
Motion by Commissioner Horan, seconded
by Commissioner Constantine, to approve request to piggyback onto Hernando
County’s RFP #14-R-00092/TKB, Foreclosure Registration Services through
Community Champions Corporation, Melbourne.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey entered her ex parte communications into the record.
CHAIRMAN’S
REPORT
Chairman
Carey discussed the Legislative Delegation meeting she attended on November 21st. She represented the list of items (received
and filed) that are priorities as identified by the Board. She added she had just left a Central Florida
Commission on Homelessness (CFCH) meeting that night and she knows homelessness
is an issue that the State will be looking at this year. She said she included in her comments the fact
that the County is looking very closely at their homeless situation and she
hopes to see some state legislation funding that will help the County deal with
the homelessness issue.
Chairman
Carey stated the Heroes Memorial Groundbreaking Ceremony was held on December 2nd
and she thanked Ms. Lung and staff for a great event. She displayed and discussed the personalized
dedicational granite bricks available for sale to be displayed at the Heroes
Memorial.
Chairman
Carey distributed a letter (copy received and filed) from the Florida Farm
Bureau Federation regarding the nuisance ordinance that was just passed.
Ms.
Williamson advised that staff has issued a formal written Planning Manager
Interpretation that clarifies that any bona fide agricultural use on a property
that has an agricultural classification assigned by the Property Appraiser is
exempt from the uncultivated vegetation definition. Ms. Guillet clarified staff has a process
where they do a formal code interpretation which is called a Planning Manager
Determination. She said staff has put
that together and shared it with the concerned parties. Chairman Carey requested the next time the
County Commission’s appointed Agricultural Board meets that this letter and the
County’s resolution be discussed.
-------
Chairman
Carey discussed her recommendations for the MetroPlan Citizens’ Advisory Board.
Motion by Commissioner Henley, seconded
by Commissioner Dallari, to approve the following:
Reappoint Jennifer Finch for a three-year term
expiring January 1, 2019; appoint Adam Valencic and
Marc Loeb for four-year terms, expiring January 1, 2019 Resolution #2014-R-275,
as shown on page _____, to the MetroPlan Citizens’ Advisory Committee;
Adopt appropriate Resolution #2014-R-273, as shown
on page _____, commending Katrina Powell for her service on the MetroPlan
Citizens’ Advisory Committee; and
Adopt appropriate Resolution #2014-R-272, as shown
on page _____, commending Kendra Cassell for her
service on the MetroPlan Citizens’ Advisory Committee.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey discussed the Board of County Commissioners’ liaison appointments. She noted when a commissioner is the liaison
to any of these agencies, they are representing the Board of County
Commissioners' opinion and although their opinion may not be the same as the
Board of County Commissioners, once a decision is made by this Board and the
majority have given clear direction, the liaison’s job is to deliver that
message on behalf of the Board of County Commissioners. She said she hopes the Commissioners report on
the significant things that are happening on the boards they represent. She said she wants to remind everybody that their
role in these positions is to be the eyes and ears for the BCC because they
can't be everywhere.
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to approve the list of 2015 Boards and
Committees Liaison Appointments (received and filed).
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Carey advised these appointments will take effect on January 1st and
the Commissioners will continue to serve on the Boards they are currently
serving on for the month of December.
She stated letters will be sent out to the appropriate agencies. Chairman Carey requested the Commissioners
inform their alternates as soon as possible if they are not going to be able to
attend their meetings so they can attend in their place. She said she would much rather have a
representative there than to just have the Board member be absent.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
and attachments dated November 14, 2014 from John C. Ford, Chairman, E911 Board,
to BCC, RE: request assistance for necessary information for E911 Board 2014
Annual Report to the Governor and Legislature.
2.
Letter
dated November 17, 2014 from Dr. Walt Griffin, Seminole County Public Schools
Superintendent, to Chairman Bob Dallari and Tax Collector Ray Valdes RE:
gratitude for assistance in covering the cost of collection fees on the
voter-approved one-mill property tax.
3.
Letter
and attachments dated December 3, 2014 from Traci Houchin,
Deputy City Clerk, City of Sanford Office of the City Clerk, to Board of County
Commissioners RE: copy of the Notice for Ordinance No. 4328, annexing property.
4.
Copy of
letter dated November 24, 2014 from Bill Watier,
Engineering Lead, FPL, to City of Sanford Board of Commissioners RE: Partial Vacation of Easement at 471 Still
Forest Terrace, Sanford. Original to
Bruce McMenemy for action.
DISTRICT
COMMISSIONERS/COMMITTEE REPORTS
Chairman
Carey reported on the Central Florida Coalition on Homelessness meeting she
attended. She explained that each of the
various areas, Seminole County, Osceola County, Orange County, City of Orlando,
have also broken up into committees and they had a committee meeting on
December 3rd as well. She discussed the
United Way ALICE (Asset Limited, Income Constrained, Employed)
report (copy received and filed). She
said although Seminole County is the lowest in the region, 29% of families fall
into this ALICE category. She advised in
trying to find solutions, they will continue to meet on the Sanford/Seminole
Homeless Coalition Committee. She said
possibly in the first quarter of next year, she will be asking Ms. Gullet to
schedule a presentation and a discussion for the entire Board because they are
going to need to make some decisions about how they want to move forward with
addressing the homelessness issue. Chairman
Carey stated finding what fits best here for Seminole County and coming up with
a plan is going to be critical. She
commended Valmarie Turner, Community Services
Director, for really understanding the homeless situation and what the
requirements are to try to move forward.
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Motion by District Commissioner Carey,
seconded by Commissioner Dallari, to approve the following:
Adopt
appropriate Resolution #2014-R-274, as shown on page ______, commending Don
Nicholas for his services on the Parks & Preservation Advisory Committee;
to adopt appropriate Resolution #2014-R-271, as shown on page ______,
commending Kathy Veon for her service on the Planning
& Zoning Commission;
Reappoint
Imogene Yarborough and Bob Braun, by Resolution #2014-R-259, as shown on page
_______, to the Agriculture Advisory Committee for two-year terms expiring
January 1, 2017;
Reappoint
Gayle Hair, by Resolution #2014-R-260, as shown on page _______, to the Animal
Control Board for a one-year term expiring January 1, 2016;
Reappoint
Michael Harding, by Resolution #2014-R-262, as shown on page _______, as the
Pool Contractor to the Contractor Examiners Board for a one-year term expiring
January 1, 2016;
Reappoint
Dan Shaw by Resolution #2014-R-262 as the Plumbing Contractor to the Contractor
Examiners Board
Reappoint
Beverly Mason and Robert Turnage by Resolution
#2014-R-263, as shown on page _______, to the Historical Commission for
two-year terms expiring January 1, 2017;
Reappoint
Grace Chewning by Resolution #2014-R-264, as shown on
page ______, to the Library Advisory Board for a two-year term expiring January
1, 2017;
Appoint
David Moss by Resolution #2014-R-265, as shown on page ______, to the Parks
& Preservation Committee for a three-year term expiring January 1, 2018;
Appoint
Mya Hatchette by Resolution #2014-R-268, as shown on
page ______, to the Planning and Zoning Commission for a four-year term
expiring January 1, 2019;
Reappoint
Michael Caraway by Resolution #2014-R-266, as shown on page ______, to the
Seminole County Industrial Development Authority (SCIDA) for a four-year term
expiring January 1, 2019; and
Reappoint
Kyle Kilger by Resolution #2014-R-267, as shown on
page _______, to Seminole County Port Authority (SCOPA) for a four-year term
expiring January 1, 2019.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari advised that University of Central Florida (UCF) did an update to the
five-year Master Plan and it is updated to 2025. He stated there are no adverse effects to
Seminole County as all the Land Use and Zoning changes were requested by staff.
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Commissioner
Dallari advised the Environmental Protection Agency (EPA) is contemplating a
change in the air attainment levels in Central Florida and if they do lower
them to the level that they're anticipating, Central Florida would be in nonattainment. He said there will be a new mitigation plan;
and if the County does not follow that plan once they put it together, the
County could potentially be jeopardizing federal tax dollars when it comes to
gas taxes.
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Commissioner
Dallari stated he attended a meeting for a Lake Howell MSBU put on by the Friends
of Lake Howell. He requested Board
approval to extend the 30-day policy to 60 days as there are 1500 homeowners’
votes.
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to extend the 30-day voting period to 60 days
regarding the Lake Howell MSBU.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari,
seconded by Commissioner Henley to approve the following:
Adopt
appropriate Resolution #2014-R-269, as shown on page ______, commending Johnnie
Richardson for his services on the Historical Commission;
Adopt
appropriate Resolution #2014-R-270, as shown on page ______, commending Regina Bereswill for services on the Library Advisory Board;
Appoint
Dave Pollock, by Resolution #2014-R-264 to the Library Advisory Board for a
two-year term;
Reappoint
Doug Register, by Resolution #2014-R-259
Reappoint
Theresa Dickinson, by Resolution #2014-R-260 to the Animal Control Board for a
one-year term;
Reappoint
Don Peterson by Resolution #2014-R-261, as shown on page _______, to the Code
Enforcement Board for a three-year term;
Reappoint
James Depoy by Resolution #2014-R-262 as the
Electrical representative to the Contractor Examiners Board for a one-year
term;
Reappoint
Jeff Ebers by Resolution #2014-R-265, as shown on
page ______, to the Parks and Preservation Advisory Committee for a three-year
term; and
Reappoint
Marti Chan by Resolution #2014-R-262 as the Consumer representative to the
Contractor Examiners Board for a one-year term.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari wished everyone a Merry Christmas and happy holidays.
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Commissioner
Horan stated the Transportation Disabled Local Coordinating Board (TDLCB) had
their first public hearing on November 13th, taking input from the
transportation-disabled users concerning their experience with TD Transportation
Services. Because of the changes that
were implemented this year that affected most of the Medicaid users, the Board
decided to hold another public hearing on January 20th to afford more time for
the public to comment on the changes that have occurred, particularly those
people who now are provided services entirely through the Affordable Care Act
(ACA). He noted that Board approved a rate
worksheet at the meeting which was submitted by LYNX, and it was used to
calculate the amount that each county will eventually pay for TD services. He explained that because LYNX has a fleet and
a certain cost structure that for years has been based on the coordinated
system that included the ACA and Medicaid patients, the per-trip rates for
ambulatory will rise from $37 a trip to $60 a trip and from $63 a trip to $103
a trip for wheelchair. He stated LYNX
has already adjusted its expenses and revenues based upon the LYNX Board's
approved budget, and these rate hikes are primarily attributable to the loss of
income of the Medicaid program changes.
He said they will have to see how the ripple effect due to the
transition from the Medicaid program to Managed Care is going to affect this
County through the LYNX budget and also in terms of service to the
Transportation Disabled itself.
Upon
inquiry by Commissioner Dallari regarding complaints from the community about
these changes, Commissioner Horan advised one of the reasons the TDLCB is having
the additional hearing is because notice to the TD users didn't go out so
easily this time, so right now they don't have a good barometer as to how that
transition is working. He stated although
there is the jurisdictional element about this being an ACA issue, they're all the
TDLCB’s constituents and they want to have that additional hearing because the
three counties are also controlling LYNX's budget. Regarding the other category users, he said
it was a very lightly attended public hearing and not many complaints about the
services were provided. He said he will
be able to give a better read after the January 20 hearing.
Chairman
Carey recommended since Commissioner Horan is no longer the representative on
the MetroPlan (MPO) Disadvantaged Board, but he is the chairman this year, that
he get with Mr. Barley and chair that meeting because he’s 100% up to speed on
that. She additionally recommended having
Commissioner Constantine in attendance because he's going to have to pick up
the ball and run from where Commissioner Horan leaves off. Discussion ensued.
Commissioner
Horan said he’ll be happy to attend the meeting with Commissioner Constantine
because it will be well-attended and there will be a lot of input. Discussion ensued.
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Commissioner
Horan advised the United Arts Board met on December 4. He stated there has been an increase in
contributions from private sources and in amounts in grants to private
entities. He stated the new executive
director for United Arts is doing a great job.
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Commissioner
Horan advised he also attended the Florida Association of Counties (FAC)
Legislative Conference with Commissioner Constantine and they adopted their
legislative priorities for this coming session.
Motion by Commissioner Horan, seconded
by Commissioner Henley, to approve the following:
Reappoint
Clay Archey and Jim Hunter, by Resolution
#2014-R-259, to the Agriculture Advisory Committee for two-year terms;
Reappoint
Bryan Wilson, by Resolution #2014-R-260, to the Animal Control Board for a
one-year term;
Reappoint
Mark Wesson by Resolution #2014-R-262, to the Contractor Examiners Board for a
one-year term;
Reappoint
Robert Hughes by Resolution #2014-R-263, to the Historical Commission for a
two-year term; and
Reappoint
Matthew Criswell by Resolution #2014-R-265, to the Parks and Preservation
Advisory Committee.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Constantine stated on November 18th he attended the Regional Planning Council
meeting and a lot of discussion there was about of the St. Johns River Basin
and how the various river management districts as well as regional planning
councils are going to work together. He
stated there is potential that there will be a very positive announcement this
coming week concerning a consortium in the Legislature on the St. Johns, which
will be a great benefit to the County. He
said they also talked about some of the DRIs (Development of Regional Impact) that
were coming down the pike, specifically the expansion of Orlando International
Airport (OIA).
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Commissioner
Constantine reiterated he and Commissioner Horan attended the FAC's legislative
meeting.
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Commissioner
Constantine stated he was very honored to be part of
the Steinway and Helping Hands piano-gifting event in Altamonte Springs this
past Sunday in which five needy children were given pianos. He said it was quite a wonderful sight to see,
the gift of music, and how excited those children were when they were honored
with those pianos.
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Motion by Commissioner Constantine,
seconded by Commissioner Henley, to approve the following:
Reappoint
Lance Lafleur and Rex Clonts,
Jr., by Resolution #2014-R-259, to the Agriculture Advisory Committee for
two-year terms;
Reappoint
Marianne King, by Resolution #2014-R-260, to the Animal Control Board for a
one-year term;
Reappoint
Bill Miller and Deana Schott by Resolution #2014-R-262, to the Contractor
Examiners Board for one-year terms;
Reappoint
Rosalie Wright Cook and Donna Bundy by Resolution #2014-R-263, to the
Historical Commission for two-year terms;
Reappoint
Patsy Roberts by Resolution #2014-R-264, to the Library Advisory Board for a
two-year term; and
Reappoint
Jim Buck by Resolution #2014-R-265, to the Parks and Preservation Advisory Committee.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Henley advised LYNX and the Union have reached an agreement. He explained there were very few Union
members that voted and they found out it was due to the voting site changing
the afternoon before, so not everyone knew the location, so there was an
impasse declared. The Union came back
and said they would accept LYNX’s proposal.
COUNTY
MANAGER’S REPORT
Ms.
Guillet discussed the SunRail Customer Advisory Committee and Seminole County’s
appointees to that committee.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, to appoint Leslie Bohnsack
and Howard Linderman to the SunRail Customer Advisory
Committee.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms. Guillet
advised Ms. Lung distributed a final draft of the legislative priorities
(received and filed).
COUNTY
ATTORNEY’S REPORT
Mr.
Applegate stated he was glad the Board liked the summary and said if they see
an item coming out that they would like a summary on and staff isn’t doing one,
please let the County Attorney’s Office know and they will have them done.
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Regarding
the ethics video, he advised he and Ms. Porter-Carlton will be spending Friday
morning going over the tape and editing it for training purposes. He added while they are doing that, they will
be writing down the questions that they want answered and have that in memo
form for the Board.
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Regarding
the dedicational granite bricks Chairman Carey discussed, he advised he will be
buying four of those for his family members.
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Commissioner
Henley stated he would like to encourage the County Manager and Chairman Carey
to do everything in their power to see if the Board could keep from receiving a
large number of changes or new items when they show up for the meeting. Chairman Carey advised she had a discussion
with the Deputy County Manager this morning and reminded him that there are
specifics of when the agenda items are due.
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Chairman
Carey stated at the next meeting she will bring forward the calendar for the
year, which will be very similar to what has been done in the past where there
is one meeting in July, one meeting in December and one in November. She added there will be a couple of meetings
that fall on the Tuesday after a holiday Monday, so she and Ms. Guillet will
look at that and it will be brought to the next meeting.
ITEMS FOR
FUTURE AGENDA
Dr. Nallan Chari, 1911 North Street, addressed the Board to discuss
an issue regarding his home. Dr. Chari
distributed a document (received and filed).
He stated his home is an older home and its main attraction is a
three-acre natural spring-fed pond, which about two-thirds is located in his backyard. He stated since he bought this property, he has
witnessed a gradual deterioration of the pond's appearance due to water
pollution, uncontrolled growth of vegetation in and around the pond, soil
erosion of his backyard and an increased stink of dead fish from algae bloom. He opined that the County Engineer's use of
this as a retention facility for untreated stormwater runoff from surrounding
streams with the help of an easement for a drainage pipe in 1969 laid the
foundation for the current situation with this pond. He stated even after the development and
implementation of standards for controlling water pollution in other places,
the County's Public Works Department chose not to follow them for this pond
based on grandfathered exemptions.
Mr. Chari
stated he has been contacting the County Engineer, County Commissioners, and
St. Johns Water Management since 1996 with minimum reserves and they have
advised him that the pond is on his private property and the County has no
responsibility to maintain it. He said the
County refused his offer to deed his part of the pond for free.
Mr. Chari
advised he sent a petition signed by about 25 residents requesting an
alleviation of the pond situation to protect the property values to Commissioner
Henley and did not receive a response. He
said about a month ago Commissioner Horan was kind enough to talk to him about
this issue with a promise to do the right thing.
At the
request of Chairman Carey, Brett Blackadar, County Engineer, addressed the
Board to state staff has looked into the matter and there is not much staff
feels they can do on their end.
Commissioner
Horan discussed the background of this property and advised he believed
Seminole County was granted a drainage easement to drain onto this particular
property and at the time, the property was probably unimproved. He explained the pond has grown and now the
subdivision across the pond has several other properties that are now
contiguous to the pond. He stated the
problem is that the County does have a legal right through this easement to
drain onto that particular property. The
pond now encroaches on other properties and the way to take care of it is to form
some kind of an MSTU and assess the surrounding owners so that the pond can be
taken care of.
Chairman
Carey requested staff address the issue with Dr. Chari and give him some
suggestions. She pointed out that Keep
Seminole Beautiful does stormwater pond cleanups and suggested they be asked if
they would schedule that to be one of their pond cleanups. She mentioned an MSTU and suggested staff
discuss that and find out what the community wants to do. Chairman Carey requested staff follow up to
make sure that this gets addressed.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:20 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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