BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

February 11, 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, February 11, 2014, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Robert Dallari (District 1)

Vice Chairman Brenda Carey (District 5)

Commissioner John Horan (District 2)

Commissioner Lee Constantine (District 3)

Commissioner Carlton Henley (District 4)

Clerk of Circuit Court Maryanne Morse

County Manager Jim Hartmann

County Attorney Bryant Applegate

Deputy Clerk Erin Leben

Commissioner Henley gave the Invocation.

Commissioner Carey led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for ABB was presented.

AWARDS AND PRESENTATIONS

Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt a Proclamation, as shown on page _______, proclaiming February 20, 2014 as the 125^th Anniversary of Florida Public Health in Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

Dr. Swannie Jett accepted the proclamation and expressed his gratitude to the Board. He stated that the Department of Health of Seminole County has been in existence since 1941 and has done a lot of great things. He mentioned that the Health Department is trying to bring more partnerships together to work in areas they have not worked in before, and to begin helping with homelessness.

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Motion by Commissioner Horan, seconded by Commissioner Carey, to adopt appropriate Resolution #2014-R-35, as shown on page _______, recognizing Betty Newton for 28 years of service and dedication to Seminole County Government and its citizens upon her retirement as Financial Administrator in the Resource Management Department, Budget and Fiscal Management Division.

Districts 1, 2, 3, 4 and 5 voted AYE.

Commissioner Horan presented the Resolution to Ms. Newton who addressed the Board to express her gratitude. Ms. Newton thanked Maryanne Morse for giving her a job when she moved here from North Carolina. She stated it has been a great pleasure working for Seminole County for the past 28 years.

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Commissioner Carey stated that before she was elected she received a call from Linda Kuhn, State Attorney’s Office, and was approached for assistance in opening a domestic violence center in Seminole County. Ms. Kuhn stated that they missed the deadline to apply for a grant with Seminole County and Orange County was getting a $12,000 grant. She stated that if a woman needed to get into the shelter in Orange County and was not a resident of Orange County, she could not get in.

Commissioner Carey stated that she contacted the County Commissioners and stated they were only asking for half of the money. She stated she would contribute some and requested everybody else do the same. Discussion ensued and the Board decided to grant the full amount of $12,000 to SafeHouse.

Commissioner Carey commended Jeanne Gold, SafeHouse Executive Director, in transforming the domestic violence shelter. She stated that even though Seminole County has great demographics in many ways, there have been times where they were number one on domestic violence deaths.

Ms. Gold addressed the Board to present the SafeHouse of Seminole Update. She stated she has been with Seminole County for 11 years. She thanked the Board for all the help they have given SafeHouse.

Ms. Gold stated that she originally started to put together a PowerPoint, but because there is so much confidentiality, she invited the Board to come out and see the center.

Ms. Gold stated that SafeHouse is a 15,000-square-foot southern-style house. She said you can’t really see the barbed wire that’s across the fence, the big gate or that the shrubs are hiding the cars, but everything there is for safety. She added that even though the center is hidden, it’s close to the buses, shopping and jobs. She stated that although there are barely any visible signs that would say that SafeHouse is a domestic violence shelter, there are some trespassing signs because it is the law. She also stated that all the windows have bulletproof glass and there are 48 cameras for the safety of the women in the center.

Ms. Gold gave a description of the center, stating that although they have dormitory housing, there is a television, a Wii video game system and areas for children to play. Outside in the back there are playgrounds, memorial benches, a huge deck where there are dozens of donated bicycles for the children to ride. She stated that Pat Clark, Sportscaster, gave SafeHouse $10,000 towards playground equipment that they have named Imagination Playground. The playground equipment is designed to help children become more creative, to work together and collaborate.

Ms. Gold stated they have a fully stocked pantry, closets with clean clothes, and other donations that come from the community. She added that since 2010 nearly 1,000 women have come into the shelter, 25 percent of them being pregnant, 250 of them were disabled, and an additional 1,000 children have come through the shelter, the average age being 5 years old.

Ms. Gold said there are three SafeHouse women, two of which have four children each, who are in their transitional program and moving into the Rapid Rehousing Program. She stated they have gone through their Jobs Initiative Program, they have childcare through the Early Learning Coalition, and now they are in Rapid Rehousing.

Ms. Gold said that SafeHouse is like a stepping stone. She stated they have a career center with computers, a woman who helps with resumes, and they have collaboration with Christian Health and their Central Florida Jobs Initiative Program.

Ms. Gold also wanted to tell the Board about the visitation center that they have named Y.A.N.A. She felt that the old center was a mess. She stated that as the money accumulated, it is now a court-ordered visitation center. She expressed her gratitude to the Board and staff for their hard work in making things come through. She stated their goal was to make the visitation center safe and discreet at the same time. She added that they collaborate with Community Based Care of Central Florida and InVEST, which is an enhanced victim service that works with potential murder victims and law enforcement. She feels the County has great law enforcement, a great sheriff, and great city law enforcement.

Ms. Gold stated she feels that Seminole County needs the Healthy Start Program to help their pregnant women get a good start. She stated that SafeHouse is also working with UCF and now has a $10,000 grant from Verizon to train firefighters and emergency medical technicians. Ms. Gold stated that UCF has been kind enough to give them rooms for their male victims.

Ms. Gold thanked the Clerk’s Office for allowing SafeHouse to open a courthouse advocacy program at the civil courthouse. She stated the center has been able to help with injunctions, their ability to go to court and several other things.

Ms. Gold stated that the Seminole County Board of County Commissioners annually supports SafeHouse with about 10 percent of the funding they need to run the shelter. She stated they have had an independent audit for the last six years with no management comments at all. She added the BCC’s generous support combines with the Department of Justice, the Florida Coalition Against Domestic Violence, the Orlando Sentinel Family Foundation, Our Father’s Table, Disney, Legos, Publix, United Way, and various other sources.

Ms. Gold distributed a packet (received & filed) that shows the new website, logo and colors. She added their new tag line is “A way out; A way forward.” She expressed gratitude to the Board in supporting SafeHouse in providing a way out and a way forward. She ended her presentation by sharing a thank you letter from a woman in the shelter who is a journalist.

Chairman Dallari stated he appreciated Ms. Gold’s update.

Upon inquiry by Chairman Dallari, Ms. Gold stated the BCC and the County have already been a tremendous help in SafeHouse moving forward and developing.

Commissioner Henley expressed his gratitude to Ms. Gold for her enthusiasm with SafeHouse.

Commissioner Horan thanked Ms. Gold for everything she does for SafeHouse and he believes the organization is successful based upon the competence and enthusiasm she has in running it. He pointed out the money being used is not his money; it is the citizens’ money. He added the reason they are able to assist as much as they can is because of philanthropy, charity, and volunteerism. He believes Seminole County citizens understand the value of the social organizations that are the fabric of the social service infrastructure of the County. He stated the reason they do this is because they have great citizens and it is part of their culture, practice, and tradition. He thinks it is great to represent people in the County who want the BCC to do this with their money, and that SafeHouse does such great things with their money.

Commissioner Carey stated that 9 times out of 10 when women come to the shelter, they have nothing, so it is important that people donate things such as toiletries.

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Chairman Dallari recessed the BCC meeting at 10:02 a.m. and convened as the U.S. Highway 17-92 Community Redevelopment Agency.

U.S. HWY 17-92 CRA

Cecelia Monti, Resource Management, addressed the Board to present request to adopt a Resolution implementing Budget Amendment Request (BAR) #14-036 through the 17-92 Community Redevelopment Agency (CRA) Fund in the amount of $5,593,579 to carry-forward unexpended project funding from the FY 2012/13 Budget to the FY 2013/14 Budget and closeout unexpended/expired projects. Included as attachments is a summary of the FY 2013/14 amended budget, a list of the master plan projects, and a list of the projects that were closed out, most of them being development grants which are based on final expenditures. Ms. Monti advised that staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt appropriate Resolution #2014-R-36, as shown on page _______, implementing Budget Amendment Request (BAR) #14-036 through the 17-92 Community Redevelopment Agency Fund in the amount of $5,593,579 to carry-forward unexpended project funding from the FY 2012/13 Budget to the FY 2013/14 Budget and closeout unexpended/expired projects.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Sonia Nordelo, U.S. 17-92 CRA Program Manager, presented the request to approve a U.S. 17-92 CRA Redevelopment and Construction Grant Agreement with Dark Horse Properties, LLC, for Colorado's Prime Steaks, Inc., to landscape the property located at 3863 S. Orlando Drive in the amount of $24,822; and to approve the associated Resolution implementing Budget Amendment Request (BAR) #14-031 providing funding from the 17-92 CRA Fund, Contingency Reserve for Development Grants. Ms. Nordelo advised that staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Horan, seconded by Commissioner Brenda Carey, to approve the U.S. 17-92 Community Redevelopment Agency (CRA) Redevelopment and Construction Grant Agreement, as shown on page______, with Dark Horse Properties, LLC, for Colorado's Prime Steaks, Inc., to landscape the property located at 3863 S. Orlando Drive in the amount of $24,822; and adopt associated Resolution #2014-R-37, as shown on page _______, implementing Budget Amendment Request (BAR) #14-031 providing funding from the 17-92 CRA Fund, Contingency Reserve for Development Grants.

Districts 1, 2, 3 and 5 voted AYE.

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Ms. Nordelo presented the request to approve funding in the amount of $225,000 from the Seminole County Redevelopment Trust Fund for renovation to Sunland Park, in the amount of $225,000. Sunland Park is a park located at the entrance of a residential community on 17-92 within Sanford and presently has a lot of equipment that is beyond its useful life. In order to improve the equipment and to add parking, staff is recommending the Board approve the grant to complete the development of the new park facility. The Department of Transportation has future plans to widen 17-92 and approached Seminole County in order for them to accept and treat runoff from the increased impervious area underneath the surface of the park. She stated the plans have been presented and have been approved by Seminole County, as well as the Natural Lands Division. She stated the cells would not hinder normal park activities; they would just be unable to build any structures on the cells. She stated in addition to providing them with $500,000 to purchase an easement, there was a reversionary clause from the original owner that has since been resolved. The commitment for the $500,000 from FDOT is in place and they just need the balance of the $225,000.

No one spoke in support or in opposition.

Commissioner Carey stated the project has been ongoing for quite some time to resolve all the issues. She stated Sunland Park has been there since the early 1960’s and is a frequently used park. She added she is glad to see it finally coming to fruition.

Commissioner Horan stated they approved a number of related items concerning this particular item quite some time ago. He stated when this came in front of the RPA, the staff did a great job. This was a complex situation in trying to get the reversionary clause reversed and figuring out where the easement land would be. He stated everyone did a tremendous job in getting this going. He believes this is going to improve a gateway to that community and a very significant portion of 17-92 with some nice recreational facilities. He commended staff for the great work they did on this.

Motion by Commissioner Horan, seconded by Commissioner Carey, to approve the request from Seminole County for funding in the amount of $225,000 from the Redevelopment Trust Fund for improvements to Sunland Park, subject to Board approval of the 17-92 CRA Fund Carry-forward Projects implementing Budget Amendment Request (BAR) #14-036 appropriating $225,000 in carry-forward funding for the Sunland Park Project.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Commissioner Carey stated that the CRA will expire in three years and there are a lot of things that the Board has talked about that needs to happen in order for 17-92 to redevelop, and one of those is stormwater. She stated she wants to remember that in order to get things done by that time, they need to consider stormwater. She thinks the answer is to make this a place that people want to come and redevelop. She does not want anyone to lose sight of the fact that they are three years out.

Chairman Dallari agreed with Commissioner Carey. He wants everyone to take into consideration what is happening to the CRA at the time of its sunsetting.

Commissioner Horan stated in previous months, they’ve done a black pencil study about how much money they will have and what projects they have in the master plan. He stated that the stormwater study is part of the master plan and is presently budgeted at $250,000. He said a number of the items have not been put on an agenda yet, but they will be putting that in front of the RPA sometime during this year and coming up with a more surgical idea of when these particular projects will be executed. He stated the stormwater study has to come before everything else because without the study, they won’t have a really good idea as to where and how they are going to develop. Also a lot of the work they have to do is dependent on the Department of Transportation, their budget, and their projects.

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Chairman Dallari adjourned the U.S. 17-92 CRA meeting at 10:12 a.m. and reconvened as the Board of County Commissioners at 10:17 a.m.

PUBLIC PARTICIPATION

Ken Welsh, 3972 West Eau Gallie Boulevard, addressed the Board on behalf of Welsh Companies regarding Item 21A. He stated they have been recommended for an award for the school shelter retrofit projects and they are aware their competitor, Armor Screen Corporation, has lobbied the Commission to award the project to them. He clarified the history of the solicitation and presented credible reasons why Welsh should be awarded this project as recommended by staff.

Mr. Welsh stated Welsh bid the most cost-effective products, all screens on all openings as allowed by the RFP, which was the most reasonable competitive approach allowed. He stated Welsh gave the lowest price and was both qualified and responsive. He added Armor Screen was $194,000 over Welsh’s bid, but was recommended for the award based on their use of roll-down shutters on the first and second floor, and screens only on the storefronts and the doors.

Mr. Welsh felt that Armor was given an unfair advantage due to the RFP not being reasonably specific in that only the product Armor proposed was what the evaluation committee would accept. Welsh protested on that basis and the County agreed.

Mr. Welsh stated the County then requested Best and Final Offers and clarified that only roll-down shutters would be allowed on the first and second floor windows, and only screens on all other openings. He stated this provided for a very competitive response, as indicated by the close range of bid prices. He also noted that Armor did not change the product, but lowered their price by $92,000, but still was high by $35,000.

Mr. Welsh stated the County has found Welsh to be the most responsive and qualified company, so they recommended the award go to Welsh. Armor protested the award to Welsh, but was not successful and did not appeal the decision per the County’s procurement regulations. He stated Armor continues to claim that the County has requested a Best and Final Offer and plagiarized Armor’s approach, but this has been clearly addressed by the County’s response to Armor’s protest. The Best and Final Offer simply clarified the products the County had already specified in the RFP and where they would allow them.

Mr. Welsh stated they are excited about being awarded the project and are glad to bring their years of experience to Seminole County public-school and municipal work. He said based on what he has presented, they respectfully request that the Board award the project to Welsh.

Attorney Jennifer Nix, representing Weatherguard and Armor Screen Corporation, addressed the Board and thanked the Board for meeting individually with her clients this week and last week so they could hear their concerns.

Ms. Nix stated they feel as though there are issues relating to whether this process has been ethical. She feels that if the Board knows the whole story, they would understand and agree. She feels they would also understand why they did not bother to appeal the decision of the County to recommend the current vendor, which is Welsh. Armor Screen submitted a bid, but it is not currently ranked as the recommended bidder, though they were initially the recommended bidder. They believe that the whole process has been tainted and that it turned out to be unfair in that favorable treatment has been given to Welsh.

Ms. Nix stated that Number 9 on Addendum 1 to the original RFP said that roll-downs were the preferred shutters. She stated that in January 2013, there was an original RFP for this project. Armor Screen did not submit for it at the time. They had given a lot of information that they would have normally been paid as a consultant for, which was deemed as market research by Ray Hooper, Purchasing Manager.

Ms. Nix stated that in October 2013, they decided to spend a great deal of time in submitting a bid. They attended the site visits and paid attention to the Q&A period in the addendums. Once the County was ready to go with the RFP, they submitted their bid that included the money numbers as well as the very specific specifications that they would utilize if chosen, and they were then the recommended bidder.

Ms. Nix stated that protests were received by B&C Metals and from Welsh in response to Armor Screen being the recommended bidder from the October 2013 RFP. She stated they felt the arguments were vague and weak without many specifics as to the inconsistencies from the evaluation committee or otherwise, but they were told there was no way to protest. She feels that Armor Screen has played by the rules and has done everything by the County’s policies in this matter because they were told there was no way to protest a protest. She stated they sent a letter to Mr. Hooper explaining the situation as well as reasons they felt Armor Screen should be given the contract.

Ms. Nix summarized several reasons that Welsh should be disqualified. She also stated her clients did have objections to the technical specifications of the RFP as well as the email, which is in the background information

Ms. Nix feels that her clients have been treated unfairly throughout the process, and the entire process has been disappointing and unfair.

Upon inquiry by Commissioner Horan, Ms. Nix stated she would put the paperwork she was referencing into the record once she reviews it.

Commissioner Henley stated everything Ms. Nix was referring to was contained in the notebook distributed before the meeting (received & filed).

Doug Thomas, owner of Weatherguard, stated his company has been open since 1982 and he’s been in the shutter business since 1973.

Mr. Thomas stated he started in this process back in February of 2013, when this first came before Seminole County for an RFP. He stated he toured the schools and saw there were some problems, which he communicated to staff. He stated at that time they chose not to bid. He believes there were 12 companies represented at that time and only one ended up submitting a bid which was declared nonresponsive.

Mr. Thomas feels that they have been forthcoming. He stated they have been consultants to the County. He feels that some of the language in the RFP is false and some of the requirements are impossible to meet. He stated he has been in the shutter business for 41 years and when he sees inconsistencies like this, he tries to correct them.

Mr. Thomas stated that Armor Screen and Weatherguard ranked far higher than the other companies. Out of the scoring system that goes from low to high, Armor Screen was awarded 7 points by the evaluation committee and Welsh was awarded 12 points. He stated the evaluation committee selected Armor Screen as the number one choice of four out of the five responders.

Doug Turner, Armor Screen Corporation, addressed the Board to state he feels they have put a lot of time, energy, and effort into creating a solid game plan and methodology to procure the contract. He feels that when they went to the BAFO (Best & Final Offer) with the adoption of their methodology and the exposing of their prices, it really opened them up and they felt it made the BAFO unfair. He stated they would like the Board to take into consideration those things that they have talked about during the procurement.

COUNTY MANAGER’S CONSENT AGENDA

Jim Hartmann, County Manager, advised that there was an add on, Item #21A, Award RFP-9059-13/AMM – School Shelter Retrofits to Welsh Construction, LLC. He stated there were a number of items replaced on Item #26, Approval of Special Obligation Bonds, since the original publication. He added that Consent Item #18, Approve BAR #14-033, is Commissioner Constantine’s district, not Commissioner Henley’s.

Commissioner Carey requested Item #8, Approve the Partnership Agreement between Seminole County and the Economic Development Commission of Mid-Florida, Incorporated, Item #21 Award IFB-601893-13/TLR – Term Contract for Landscape Materials and Miscellaneous Related Construction Services, and Item #21A, Award RFP-9059-13/AMM – School Shelter Retrofits, be pulled for separate discussion and vote.

Chairman Dallari stated that Rick Weddle, Executive Director for the Economic Development Council, was present and expressed his gratitude for his attendance.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:

County Manager’s Office

Human Resources Division

7. Approve the Agreement, as shown on page _______, between Seminole County and the University of Central Florida Research Foundation, Inc. for the purpose of supporting the UCF Business Incubator, City of Winter Springs.

9. Adopt appropriate Resolution #2014-R-39, as shown on page _______, amending certain fees set forth in Section 20.26 of the Seminole County Administrative Code pertaining to fees and charges for services provided by the Seminole County Health Department.

Development Services

Planning & Development Division

10. Adopt appropriate Resolution #2014-R-40, as shown on page _______, amending the Seminole County Administrative Code to update the schedule of fees collected by the Development Services Department.

Leisure Services

Tourism Development Division

11. Approve and authorize the Chairman to execute the Tourist Tax Funding Agreement, as shown on page _______, with Florida Half Century Senior Softball Association in the amount of $20,891 for four (4) Florida Half Century State Senior Softball Tournaments to be held February 15 & 16, March 22 & 23, August 23 & 24, and September 6 & 7, 2014.

Public Safety

Business Office

12. Approve and authorize the Chairman to execute the Certificate of Public Convenience and Necessity (COPCN) and Non-Exclusive Ambulance Franchise Agreement, as shown on page _______, for Lifefleet Southeast, Inc. d/b/a American Medical Response, to become effective February 11, 2014.

Public Works

Engineering Division

13. Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to an Interlocal Agreement between Seminole County and the City of Altamonte Springs relating to Road Transfers.

Traffic Engineering Division

14. Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to the Traffic Signal Maintenance Agreement between Seminole County and the City of Lake Mary to include the six (6) signals within the City.

Resource Management

Business Office

15. Approve and authorize the Tax Collector's Office to publish the 2013 Notice of Tax Certificate Sale and all future tax sales in the Sanford Herald newspaper until decided otherwise by the Board.

16. Preliminary Authorization for staff, in conjunction with Seminole Behavioral Healthcare, to submit a request for an Administrative Hearing to Appeal the Notice of Award for the Florida Department of Children and Families – Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant.

Budget and Fiscal Management Division

17. Adopt appropriate Resolution #2014-R-41, as shown on page _______, implementing Budget Amendment Request (BAR) #14-032 in the amount of $22,592, through the FY 2012/13 Homeland Security Grant Program Funds (SHSGP) (Issue 11) and the FY 2013/14 Emergency Management Performance Grant (EMPG), for the purchase of equipment and services related to connecting interagency partners during large scale incidents.

18. Adopt appropriate Resolution #2014-R-42, as shown on page _______, implementing Budget Amendment Request (BAR) #14-033 through the Public Works Interlocal Agreement Fund, to recognize revenue from the City of Altamonte Springs and establish budget in the amount of $100,000 for the Oranole Road Drainage Improvement project.

19. Adopt appropriate Resolution #2014-R-43, as shown on page _______, implementing Budget Amendment Request (BAR) #14-035 through the Public Works Interlocal Agreement Fund, to recognize revenue and establish budget in the amount of $29,400 for a Developer's pro-rata share of intersection improvements at CR 46A and Orange Boulevard.

Purchasing & Contracts Division

20. Approve RFP-601035-10/TLR, as shown on page _______, Assignment of Concession Operations Agreement for Hot/Cold Vending Services, from Snack Time Vending, Inc., to Compass Group USA, Inc., d/b/a Canteen Vending Services; and authorize the Purchasing & Contracts Division to execute the Agreement.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Request to approve Item #8, Partnership Agreement between Seminole County and the Economic Development Commission of Mid-Florida, Incorporated, d/b/a Metro-Orlando Economic Development Commission, presented.

Commissioner Carey stated the reason she asked that this item be pulled is because she feels that they need to get their agreements to match up to their actions. She feels if the County is going to be the one responsible to provide them an office, then their contract should reflect that. She also stated if it’s their responsibility, then the County should ask them to pay that.

Commissioner Carey stated she thinks the Economic Development Council (EDC) has done a great job and the County has had a great partnership with them. She thinks everyone needs to pay attention to all the details, as we are moving into a few tight budget years.

Rick Weddle, Economic Development Commission Director, addressed the Board to state he will be glad to respond to Commissioner Carey’s concerns regarding the office space issue.

Commissioner Carey stated she knows it is the intent of County staff and EDC staff to work on performance standards and other things, but she is a stickler for details in contracts. She stated she wants to make sure the obligations in the contracts match up to what they are really doing.

Mr. Weddle agreed with Commissioner Carey. He expressed gratitude to the Board for the opportunity to be a part of their Economic Development Program. He stated their job is to bring opportunities to the region and help communities and counties realize them, and with partners like Seminole County, their job is a lot easier because of the good work they do.

Chairman Dallari stated the EDC also does a great job and the County has a great partnership with them. He added that the Economic Development Advisory Council (EDAC) would like to see those performance measures as well. He would like to see Development Services, EDAC and the EDC get together to recommend what they believe can be performance measurements that are attainable and measurable, and what the goals and objectives would be so they can track these. He stated he would like to see an actual deadline for when these performance measures are put in place because by next year, when it’s time to renew the contract, if there isn’t a deadline, it always gets pushed up to that last point. He added he wasn’t asking them to commit to a date today, but he would like for them to give it some thought and reach out to staff to come back with a deadline.

Commissioner Carey stated she hopes to see this accomplished by this summer at the latest.

Mr. Weddle stated they welcome the idea of getting the metrics into the contract so they are something that everybody can keep in mind. He stated they would like to begin concurrently with the County’s budget process.

Motion by Commissioner Carey, seconded by Commissioner Horan, to approve the Partnership Agreement, as shown on page ______, between Seminole County and the Economic Development Commission of Mid-Florida, Incorporated, d/b/a Metro-Orlando Economic Development Commission (MOEDC), for the purpose of providing economic development services in Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Request to award IFB-601893-13/TLR – Term Contract for Landscape Materials and Miscellaneous Related Construction Services, to LaFleur Nurseries & Garden Center, Sanford, was presented.

Commissioner Carey stated this bid went out to the community and only received one response. She stated a year and a half ago she was under the impression they had come up with something to standardize the medians using xeriscape Florida-friendly plants and now they have this contract and only one response to do the medians. She stated there is a pretty long list of materials and she feels unsure that the County is doing what it needs to for the medians; they spend a lot of money on landscaping and maintenance. She stated she thinks they need to have some standardization and they need to stick to it.

Commissioner Carey stated she does not have a problem approving this contract. She stated she feels more attention needs to be paid to the medians and staff does not seem to be listening on this particular issue.

Chairman Dallari agreed that there needs to be consistency, and if there is not consistency, there needs to be updates of why that is a problem.

Commissioner Carey stated that maintenance is a real problem in the medians.

Mr. Hartmann stated he will ask staff to provide a report on the sufficiency of all the medians right now. He stated he is aware they have periodic problems with some of them and that is because of some of the standards that were put in place years ago. He is under the impression Richard Durr, Greenways & Trails Division, has worked on much of that, but he wishes to get a full and comprehensive report back to the Board in short order.

Commissioner Horan stated he understands the contract is rather large in scope and includes materials and labor. Basically, release orders are issued by the County concerning what needs to be done in the medians.

Upon inquiry by Commissioner Horan, Ray Hooper, Purchasing and Contracts Manager, stated the bid total was roughly $238,000, but the estimated annual usage came from the department based upon what their best estimate was for the usage under this contract. He said that was stated in the agenda item so staff can issue those release orders as stated.

Upon inquiry by Commissioner Horan, Mr. Durr, stated this particular contract covers medians and all other County facilities. He stated the plan for the County facilities is usually more in a reactive mode in how they replace existing landscape that has failed or has died. Regarding the medians, he stated they are not in an active role looking to replant medians because they don’t have the budget for it. He stated the budget they have is for anything that needs to be removed for safety, anytime landscape dies because it reaches its end of life, or for situations where cars move into the median and wipe out areas of landscape. He added that the bulk of their budget is to have that landscape removed completely and then to either replace it with like-plant material or with sod and some fill.

Mr. Durr stated that regarding 17-92, next week they will be coming before the Redevelopment Planning Agency (RPA) with the first in a series of phases to address 17-92 starting at the south end of how to go in and create a work plan to replace the landscape that’s in there to install more appropriate landscape that will be viable so they are not having the weed issues and the burnout, especially in the summer. He said that will take time, planning and funds from the CRA to help start up that effort.

Commissioner Horan stated he is looking forward to that report as this is the most detail he has ever understood on this particular issue. He stated they have made a lot of cuts and it might be time to look at an active management program because they may get more bids.

Commissioner Carey stated the landscape on 17-92 is not conducive to the Florida climate and it is hard to contain; it can’t take the heat. She stated she hopes the RPA will focus on that.

Chairman Dallari agreed with Commissioner Carey and stated when they have had this discussion, they talked about all the things she has brought up, and they would like for it to be maintained not only on 17-92, but on any major arteries in Seminole County.

Commissioner Constantine stated he would like staff to start incorporating the xeriscape, Florida-friendly landscaping. He agrees with Commissioner Carey that the medians and the look as you come in or drive through the county is very important to the overall atmosphere. He feels that in the report, instead of micromanaging, they should give a feel of this being something they would like to see more emphasized as they go forward; relooking at what is important.

Chairman Dallari agreed with Commissioner Constantine that they need to have a report, but does not agree that the Board is micromanaging. He believes the discussion is to ensure that staff sets a policy.

Commissioner Constantine clarified they would like to get their expert to give them a better way to emphasize the medians in the report.

Commissioner Henley stated he feels they are not making their opinions clear enough and sometimes they have changes in staff and things don’t get passed on. He pointed out they just approved $24,000 worth of landscaping and as long as they are going to provide funding for those private projects, they should emphasize the importance of the xeriscape. He feels that after looking at some of the places that they have funded, they have overdone it. He stated he would like for them to consider trying to influence more along the corridor. Commissioner Constantine agreed with Commissioner Henley.

Commissioner Horan stated he would like this put into the budget process.

Commissioner Carey stated they have a lot of partnerships on their medians. She stated Casselberry and Sanford maintain theirs to a certain level, and Lake Mary and Sanford both maintain part of Lake Mary Boulevard. She stated that she and Commissioner Constantine serve on the Wekiva Basin Commission and discuss xeriscape and other plants that don’t require a lot of water and fertilizer. She stated they have also talked about amending their landscape ordinances that also don’t require a lot of plant material that requires a lot of water and a lot of fertilizer. She stated she feels that this is a continuous discussion that they never seem to get to the end of.

Motion by Commissioner Carey, seconded by Commissioner Horan, to award IFB-601893-13/TLR, as shown on page ______, Term Contract for Landscape Materials and Miscellaneous Related Construction Services, to LaFleur Nurseries & Garden Center; and authorize the Purchase & Contracts Division to execute the Agreement.

Districts 1, 2, 3, 4 and 5 voted AYE.

Chairman Dallari stated in the report he would like to see the cities’ responsibilities, the County’s responsibilities, what those standards are, xeriscaping and all the partnerships, as well.

Mr. Hartmann agreed and said he will add the state that each of the major corridors are in at this time.

Commissioner Horan requested that staff include in the report what they have in the budget and what they may need in the budget.

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Request to award RFP-9059-13, School Shelter Retrofits in the amount of $795,521 to Welsh Construction, was presented.

Commissioner Carey stated that there were a couple of things in the binder distributed prior to the meeting that bothered her. She stated roll-down shutters were always a requirement for the first floor, so if someone responded other than that, then they probably were not responsive to the RFP. She thought it was interesting that this started out as a request for proposal and ended up as a hard bid even after the numbers were out there in the public, which she feels is very unfair.

Commissioner Carey stated that usually when they get an RFP to approve an item, it has the comments of the evaluation committee, what the original scope was, and a lot of other things that are in the package that are not in this particular item. She stated she found it interesting that four out of five of the evaluation committee that staff assembled ranked Armor Screen as number one. When they went out for Best and Final, their scope and their numbers were out there. She stated she is unsure how the Board wants to deal with this, but she agrees Armor Screen has been treated unfairly.

Commissioner Carey stated that she is very disappointed in the way this was handled. She stated usually when they do a request for proposal, there are a certain amount of points given for price, a certain amount for approach, and a certain amount for experience, and that is how they determine how they are ranked.

Bryant Applegate, County Attorney, stated he thinks they need to hear from the Purchasing Department and Mr. Hooper, who has been involved with this from day one and they can go from there.

Ray Hooper stated the Board administration policy has two types of RFPs: a low-price technically acceptable RFP and a best value. He stated the technical specifications were written by engineering staff of the County and the School Board. He stated the technical specification was the Miami/Dade Wind Standard, and the Florida Building Code of 2010, and that specification carried through the original RFP, through the evaluation, through the Best and Final and is part of the award recommendation. He stated the only thing that changed in the technical specification was the protection type, which was mentioned in the original RFP. The protection type was changed in Addendum #3, which allows for just about any kind of compliant-type protection.

Mr. Hooper stated the evaluation is not included in the backup because there were two protests, which were based upon the faulty evaluation process that led to the recommended firm. He stated he has a lengthy list of all the statements that were erroneously made and the points that were given during the evaluation process. He stated he had no choice but to either start over or to issue a Best and Final. He added in the Best and Final, it specifically said all the technical specifications in the original RFP remain with the exception of the clarification for protection type, which they stated will be shutters on the second floor, shutters on the first floor, and screens on the storefront. He said if they meet the County’s minimum standard, as stated in the BAFO, then they were going to hone in on price.

Commissioner Horan stated he shares Commissioner Carey’s concern about the process that was entered into. He stated he spent five or six hours talking to people, reviewing materials, and looking at this. He stated the problem he has with the Best and Final Offer utilization in this situation was that they were supposed to be evaluating on an RFP basis and then a Best and Final Offer is supposed to be used after negotiations, which there were no negotiations.

Commissioner Horan stated he was not blaming staff. He stated he understands there was a Federal grant that was going to expire and no time to rebid this. He thinks they did the best that they could under the purchasing practices. He expressed what bothered him is they did not use the Best and Final Offer in the context in which it is supposed to be used under the Purchasing Code after negotiations, but it basically is converting an RFP process into what is basically a hard bid, using what has already been put into public record not only by the number one proposer, but all of the proposers. He does not think they did anything unlawful or unethical. He feels the important thing is that they have a process that is fair and equitable and they get to a decision that is fair and equitable to all the bidders and in the best interest of the people in Seminole County.

Commissioner Henley stated he met with Armor Screen yesterday and received a notebook that contains a tremendous amount of their interpretation of the things that happened and there are a lot of allegations in there. He stated he agrees with some of it and staff stated there were irregularities in the evaluation process, but a great deal was made of the fact that one of the bidders interpreted this to be best suited and that’s not what was there. He stated from the very beginning, the criteria cost had the largest amount of points that could be awarded, so that would indicate the importance of cost.

Upon inquiry by Commissioner Henley, Mr. Hooper stated that Armor Screen is proposing a vendor that is different for the manufacture of the shutters than what Welsh has proposed; Welsh is proposing Shutter Outlet. He stated they are all Bertha manufacturers, and there are several Bertha manufacturers in the State of Florida that do the Miami wind standards. He added they are using two different vendors, so he does not know how you can shop with two different vendors. He stated they are also using different suppliers for the screens. He added he doesn’t know how one manufacturer can copyright another manufacturer when the compliant rules and regulations are the Miami/Dade wind standards.

Commissioner Horan stated in the original criteria the approach to the work was worth 20 points, qualifying and experience was worth 25 points, project delivery time was worth 15, and price proposal was worth 40 points, which made price worth less than one half of it, but at the end it wound up being worth 100 percent of it. He stated there was no notice when these proposers went into this process that they would be competing in a process that was solely based on price.

Mr. Applegate stated they have three options: (1) to instruct staff to start all over again, (2) to award it to the company that is recommended, or (3) to override the recommendation and award it to Armor. Under the code, Welsh would have the option of coming before the Board at the next meeting to have a hearing on that decision. He stated in considering these options, they have to remember that there is a grant with a time constraint on it, and this is an issue of public safety, securing schools that serve as shelters. He stated he will stand ready to defend whatever decision the Board makes.

Commissioner Carey stated she did not think starting over was an option because of the timing. She stated the fact that they had three department directors from Seminole County staff and two directors from the School Board serving on the selection committee, and price was considered then, four out of the five recommended Armor to be the number one choice, even though their price was significantly higher. She understands what should have happened at that point is they would have gone to Armor and tried to negotiate a Best and Final Offer based on the recommendation.

Commissioner Carey stated she does not think they can compare the two different products to one another because it is like comparing apples and oranges. She stated her inclination is to stick with the recommendation they have from their committee. She opined that every time they do an RFP, it’s flawed.

Commissioner Henley stated under part four of the evaluation proposal, there are some statements that deserve consideration. He does not believe that when you look at the point evaluation on the criteria, that it was based solely on price, either on the original RFP or the Best and Final, which has been used numerous times in their process when there are questions, ambiguities and irregularities. He stated since they are dealing with taxpayers’ dollars, which are getting very tight, he cannot support giving it to the one that is significantly higher. He thinks they need to give price a consideration, but not only price because there were points awarded on each of the criteria in the original as well as the Best and Final.

Commissioner Horan stated the spread on the Best and Final is not significant; it is roughly $40,000 on an $830,000 bid.

Mr. Hooper stated the Best and Final clarified the protection type and stated what the County standard would be so they could compare the two. He stated the Best and Final said they would award based upon the low price, technical acceptability based upon the original specification in the RFP, and the newly declared protection type. He stated that under best value, he does want to state that the evaluation Administrative Code is very strict on evaluation factors. He added that when you do “best value,” you as an evaluator are to identify those attributes of paying a premium price. There are no attributes of the Board recommendation of the initial evaluation. He stated one of the reasons he threw out the initial evaluation is because there were no significant advantages to pay a premium price. Discussion ensued.

Commissioner Constantine stated he is under the impression that nobody on the Board likes the three alternatives Mr. Applegate suggested because they don’t have any flexibility. He feels that the worst scenario is awarding the contract to one of the bidders and having a legal problem come up that causes them to lose the grant.

Upon inquiry by Chairman Dallari, Tad Stone, Public Safety Director, addressed the Board to state they can ask for an extension on the grant after the award of the grant. He stated he thinks there is enough information to put together a request for a hard bid within the next two weeks, give it a short timeline, specify clearly what they want, award the bid, then ask for the extension following the award of the bid. He stated they can probably do that within the next 30 to 45 days at the most.

Commissioner Carey stated they need to be specific about what it is they want to bid. She stated she hasn’t been involved in this or had enough time to study the differences except that she knows there is a difference between what is being proposed between the various five vendors.

Upon inquiry by Commissioner Constantine, Mr. Stone stated that regarding the wind portion, it was based upon the Miami/Dade Building Code, not the American Society of Civil Engineers and their latest wind resistance code. He advised there are different wind-resistance codes depending upon the location in the state.

Commissioner Constantine stated that he wants to make sure that when they put in the specifications, they are putting in the standards that are going to protect the citizens at the highest level.

Upon inquiry by Commissioner Horan, Mr. Applegate stated they could start over and instruct staff to go back out.

Commissioner Horan stated he feels the best option is to make a decision today so that they can begin the process of extending the grant.

Commissioner Constantine feels that they need assurances that they can get the whole process done and they aren’t going to lose the grant because that is unacceptable to everyone.

Mr. Applegate stated he wanted to be clear that there is no guarantee an extension on a grant will be approved.

Motion by Commissioner Horan, seconded by Commissioner Carey, to authorize staff to award RFP-9059-13, School Shelter Retrofits, to Weather Shield/Armor in the amount they bid for the Best and Final Offer.

Districts 2 and 5 voted AYE.

Chairman Dallari, Commissioner Constantine and Commissioner Henley voted NAY; whereupon the motion died for lack of a majority vote.

Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize staff to award RFP-9059-13, as shown on page _________, School Shelter Retrofits, to Welsh Construction at the amount of the Best and Final Offer.

Districts 1, 2, 3, and 4 voted AYE.

District 5 voted NAY.

COUNTY ATTORNEY’S CONSENT AGENDA

Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-44, as shown on page ______, creating a new “stand-alone” ethics document as Section 24.1 of the Administrative Code and Policy Manual.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Carey, seconded by Commissioner Constantine to adopt appropriate Resolution #2014-R-45, as shown on page ______, amending Section 3.51 of the Administrative Code and Policy Manual regarding Commissioner Travel and Reimbursement of Expenses.

Under discussion, Chairman Dallari stated he finds the terminology to be somewhat confusing in Section 3.51(B)(2)(a), “when a County Commissioner is acting as an official representative of the County.”

Commissioner Carey explained she thought the statement meant that as an official representative, you have been appointed by the BCC Chairman to serve on a committee or you have been asked by this Board to go and represent this Board. She suggested since not everything gets approved by the Board, they could add the statement, “as approved by the Board of County Commissioners or appointed by the Chairman.”

Commissioner Carey amended the motion to add “as approved by the Board of County Commissioners or appointed by the Chairman” to Section 3.51(B)(2)(a) of the Administrative Code and Policy Manual. Commissioner Constantine agreed to the amendment.

Districts 1, 2, 3, 4 and 5 voted AYE.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:

CLERK’S OFFICE

24. Expenditure Approval Lists, as shown on page _____, dated January 6 and 13, 2014; and Payroll Approval List, as shown on page _____, dated January 11, 2014; approval of the BCC Official Minutes dated January 14, 2014; and noting, for information only, the following Clerk’s “Received and Filed”:

1. Amendment #6, as shown on page _______, to Work Order #7 to PS-4906-09.

2. Amendment #2, as shown on page _______, to Work Order #3 to RFP-6174-10.

3. Restrictive Use Covenant, as shown on page _______, for Nvision Development Management Services, LLC, for property at 1006 Gwyn Circle, Oviedo, Florida.

4. CC-9000-13, as shown on page _______, Contractor Services Agreement, Home Program Residential Rehabilitation, Black Street Enterprises, LLC.

5. Amendment #3, as shown on page _______, to CC-5075-10.

6. Amendment #5, as shown on page _______, to CC-5544-10.

7. Amendment #1, as shown on page _______, to IFB-601738-13.

8. Change Order #3, as shown on page _______, to CC-8159-12.

9. Change Order #1, as shown on page _______, to CC-8459-13.

10. Memorandum from David G. Shields, Assistant County Attorney, to Ann Colby, Assistant County Attorney, regarding Basic Services Agreement Request for Walter G. Robillard.

11. Amendment #1, as shown on page _______, to Work Order #105 to PS-5120-02.

12. Change Order #5, as shown on page _______, to Work Order #2 to RFQ-5888-10.

13. M-601924-14, as shown on page _______, Online Music Subscription Agreement, Midwest Tape.

14. Work Order #55, as shown on page _______, to PS-3914-08.

15. Recorded Satisfaction of Lien, as shown on page _______, 12-95-CEB, Weatherford, as approved by the BCC on November 19, 2013.

16. Change Order #1, as shown on page _______, to Work Order #4 to CC-8199-12.

17. Recorded Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow Distribution, Deliver and Spray Easement/Colonial Heathrow Parcel 3 – Verizon Building.

18. Recorded Bill of Sale, as shown on page _______, accepting Water, Reclaimed and Sewer Systems, Ellingsworth.

19. Recorded Bill of Sale, as shown on page _______, accepting Water and Sewer Systems, Enclave at Aloma Phase 2.

20. Change Order #3, as shown on page _______, to CC-8501-13.

21. Associate Tennis Pro Agreement, as shown on page _______, Jason Thomas Louwsma.

22. Recorded Development Order #13-20500020, as shown on page _______, Theodore S. & Anne Takvorian.

23. Recorded Development Order #13-50000001, as shown on page _______, Frederick & Laura Firnschild.

24. Change Order #1, as shown on page _______, to CC-8481-13.

25. Work Order #66, as shown on page _______, to RFP-5465-10.

26. Order Denying a Non-standard Meter Rider Tariff from the Florida Public Service Commission regarding Petition for approval of optional non-standard meter rider, by FPL.

27. Change Orders #2 and #3, as shown on page _______, to CC-8247-12.

28. Special Counsel Services Agreement, as shown on page _______, Infrastructure Surtax, Nabors Giblin & Nickerson, P.A.

29. Recorded Bill of Sale, as shown on page _______, accepting the Off-Site Water System, Kandor Dental Spa.

30. Recorded Bill of Sale, as shown on page _______, accepting the Water, Reclaimed and Sewer Systems, Coventry at Heathrow.

31. Recorded Bill of Sale, as shown on page _______, accepting the Water and Sewer Systems, Enclave at Bear Lake.

32. Recorded Conditional Utility Agreements, as shown on page _______, for water and sewer service, Pickett Run LLC, Tuska Reserve.

33. Order granting Utilities, Inc. of Florida Application for Rate Increase and Final Order Finding a Partial Interim Refund is Required, Approving Four-Year Rate Reduction and Requiring an Adjustment to Books and Records from the Florida Public Service Commission regarding Application for Increase in Water and Wastewater Rates in Marion, Orange, Pasco, Pinellas, and Seminole Counties by Utilities, Inc. of Florida.

34. Order granting Florida Power & Light’s (FPL) Petition for Base Rate Increase for Extended Power Uprate Systems from the Florida Public Service Commission regarding Petition for base rate increase for extended power uprate systems placed in commercial service by FPL.

35. Amendment #5, as shown on page _______, to Work Order #15 to PS-5438-10.

36. Maintenance Bond, as shown on page _______, #59BSBGP7864, for Water & Sewer Facilities, Ellingsworth in the amount of $21,182.30.

37. Maintenance Bond, as shown on page _______, #1027802, for Water & Sewer Facilities, Enclave at Aloma Phase 2 in the amount of $11,190.60.

38. Recorded Satisfaction of Lien, as shown on page _______, 10-13-CEB, Robert C. Malcomb.

39. Recorded Release of Lien, as shown on page _______, 10-54-CEB, Kenneth E. King, as approved by the BCC on January 14, 2014.

40. Recorded Home Program Housing Reconstruction Assistance Mortgage Deed, as shown on page _______, Willie Hawkins.

41. Amendment #1, as shown on page _______, to Work Order #9 to RFP-CS01-12.

42. Development Order, as shown on page _______, #12-32000016, First Baptist Church of Tuskawilla.

43. Drainage Easement, as shown on page _______, with the City of Lake Mary per approval of Interlocal Agreement on November 19, 2013.

44. Amendment #1, as shown on page _______, to Work Order #1 to PS-8186-13.

45. Amendment #1, as shown on page _______, to Work Order #35 to PS-2249-07.

46. IFB-601879-13, as shown on page _______, Term Contract for Rental of Electric Scissor Equipment, High Reach Company, LLC.

47. IFB-601886-13, as shown on page _______, Term Contract for the Purchase of Sodium Hypochlorite, Allied Universal Corporation.

48. IFB-601860-23, as shown on page _______, Term Contract for Purchase of Sodium Hydroxide, Allied Universal Corporation.

49. Change Order #5, as shown on page _______, to Work Order #4 to RFQ-5888-10.

50. Amendment #5, as shown on page _______, to PS-5190-05.

51. Change Order #6, as shown on page _______, to Work Order #4 to RFQ-5888-10.

52. Change Order #3, as shown on page _______, to CC-7840-12.

53. Work Order #6, as shown on page _______, to PS-7643-12.

54. Change Order #1, as shown on page _______, to CC-8457-13.

55. Work Order #9, as shown on page _______, to PS-8047-12.

56. Seminole County Adopted Annual Budget County, as shown on page _______, for Fiscal Year 2013/2014.

57. Bids as follows: RFP-9059-13 and IFB-601893-13.

Districts 1, 2, 3, 4 and 5 voted AYE.

REGULAR AGENDA

Paula Halleck, Planning & Development, addressed the Board to present request to reduce the Code Enforcement Board lien from $9,250 to $345.54, for Case #10-43-CEB, on property located at 140 Ledbury Drive, Longwood, Tax Parcel #05-21-29-507-0000-0730; SunTrust Mortgage, Inc. (Current Owner). Ms. Halleck reviewed the timeline as outlined in the agenda memorandum. Staff recommends denial of the request.

David W. Ashley, representing SunTrust Mortgage, addressed the Board to state they became aware of the situation with the property when they were doing a lien search on the property. He stated at that time the title company lets them know that there is an existing lien and the requirements to cure it. He explained that in November 2013 they became aware of the problem with the property, which was a fence that was improperly constructed by the prior homeowner. When they were notified by title that it needed to be cured, his firm immediately contacted the County, made appointments with the Code Enforcement Department, and hired a contractor to right the wrong. He said the process took about 45 days, the problem has been taken care of, and he requested the Board consider lessening the amount of the lien. He stated he understands there are administrative costs that go along with this and they are happy to pay them.

Upon inquiry by Commissioner Carey, Ms. Halleck stated the correct number of days it took SunTrust to get into compliance was 53 days. She stated there was an error in the system they use to calculate the days and fines, and Mr. Ashley was given the incorrect amount of the fine.

Tina Williamson, Assistant Director for Development Services, addressed the Board and stated that the spreadsheet they used to calculate stated the actual amount is $13,500. She stated Mr. Ashley was given the incorrect amount of the fine due to the error in the paperwork.

Ms. Williamson stated that due to the fact Mr. Ashley was given the incorrect amount, staff recommends reducing the fine to the amount of $9,250 that is stated in the staff report.

Commissioner Carey commented on the fine structure stating that this is about a fence that did not have a permit unlike an unsecured swimming pool that is a public safety issue. She said she feels $9,000 is excessive, but that $300 is not enough to make them want to take care of these issues in the future. Commissioner Horan said he shares her concern about a sense of proportion.

Mr. Ashley stated that as soon as they were made aware of the problem, they took steps to fix it. He stated it takes a little time to get a contractor there, get the inspectors back out there and fix the problem. He added the property is under contract and will close this week. They put a new roof on the home and they have an owner/occupant moving in.

Commissioner Constantine stated he feels $345 for the administrative costs is far too low and suggested that they cut the $9,250 in half to $4,625.

No one spoke in support or in opposition.

Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve a reduction to the Code Enforcement Board lien, from $9,250 to $4,625, for Case #10-43-CEB, on property located at 140 Ledbury Drive, Longwood, Tax Parcel #05-21-29-507-0000-0730, previously owned by John C. Clark, II and currently owned by SunTrust Mortgage, Inc.; require this reduced amount be paid within 30 days, or the lien will revert to its original total amount of $9,250, and authorize the Chairman to execute the Satisfaction of Lien upon payment in full.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Joe Pennisi, Resource Management Director, addressed the Board to present request to adopt a Resolution authorizing the issuance of Special Obligation Bonds, Series 2014, to provide financing for the Sports Complex and renovations to Soldiers Creek Park, in an amount not exceeding $28 million.

Angela Singleton, Budget & Fiscal Management, stated that on June 11, 2013, the BCC authorized staff to proceed with a 30-year, $28 million Bond issuance for the Sports Complex and the renovations of Soldiers Creek Park. She reviewed what the approval of the associated Resolution will authorize and advised that staff recommends adoption of said Resolution.

No one spoke in support or in opposition.

Chairman Dallari thanked Gary Akers and his team for the representation in New York in front of the rating agencies. He also stated he wanted to thank Ms. Singleton publicly, as well as the rest of the team.

Gary Akers, First Southwest Company, addressed the Board to state the goals of their presentation with the Chairman and County staff on January 23^rd were to maintain the existing ratings and to address some concerns that were apparent from the rating agencies in their questions prior to the rating meetings.

Mr. Akers stated they received Moody’s rating. He stated they looked at the issuer rating, which is comparable to a general obligation bond issue if you had them outstanding, but it is the County’s general credit rating which is an AA1. He stated that is the highest AA rating that you can get and at some point in the future, it would be nice if they could get that rating up to AAA.

Mr. Akers stated they also affirmed the rating on the outstanding sales tax bonds of AA2, which is one notch down from the issuer rating and rated this issue also AA2. He added that it is typical of the ratings not secured by an ad valorem tax; it is not a voted issue, but it is the next thing to a general obligation issue.

Mr. Akers stated Standard & Poor’s (S&P) rated this issue a –AA. He indicated they are one notch off of Moody’s and have been for some time, and they have attempted to upgrade that at least twice in rating presentations.

Mr. Akers stated they are very pleased with those ratings.

Mr. Akers summarized Moody’s ratings (received & filed.) He stated that in all the questions they had, both rating agencies addressed their concerns about the draw downs and are looking to the future as to when that mismatch could be corrected. He stated Moody’s observation is that the economy is only beginning to recover. He said there have been positive economic reports on housing. He stated it’s been extremely volatile as far as the tax base and the sales tax collections. He added they feel there is achievement of a structural balance given the magnitude of recent cuts.

Commissioner Carey stated when she went up to New York to make the presentation a number of years back, they gave a lot of credit to the Board for having done things like putting the infrastructure sales tax out to the voters.

Upon inquiry by Commissioner Carey, Mr. Akers stated that the fact that they let the infrastructure sales tax sunset was an issue for them because their concern was if that tax could not be implemented again, the County would start drawing on General Fund reserves, especially with the size of the transportation capital program.

Chairman Dallari said one of the responses to that question was actually showing the survey that was done between Christmas and New Years, and it was presented to both S&P and Moody’s.

Commissioner Carey stated she is sure they will be watching with great curiosity because they applauded the fact that the tax had been put out to the voters twice and it passed back to back. She feels there aren’t a lot of communities that can say that they have a fair tax like that.

Chairman Dallari stated they are very familiar with what’s happening in Central Florida. He indicated they asked questions during the presentation on cities and counties around Seminole County as well as the School Board. He stated they are very complimentary of the Board about having the foresight to make the hard decisions.

Commissioner Carey stated drawing down their reserves is an issue. She stated they need to figure out how they are going to fix it.

Chairman Dallari stated during the presentation, Mr. Pennisi showed them a plan that staff is going to be talking to the Board about. He added the agencies are willing to listen to that plan and they want to make sure that the Board is going to uphold it.

Commissioner Horan stated he read the letters from Moody’s and Standard & Poor’s and it seemed to amplify the conflict they have between establishing a credit rating and good fiscal management from an operational point of view. He stated in 2010 if they had posed a financial statement to them showing that their net assets were going down with no particular loss in capital assets, Moody’s and Standard & Poor’s would have thought it was good fiscal management to spend down those reserves before going out and renewing a tax or going out and taxing citizens even more in ad valorem. He stated he thinks there is always conflict in doing something fiscally correct in terms of operational fiscal management and what the rating agencies may look for. He stated the things that may make them look good in the eyes of the rating agencies may not always be the best thing for the citizens of Seminole County. He stated he is very comfortable with what they did in 2011 and that it was in the best interest of the citizens of Seminole County.

Commissioner Henley stated one of the strongest arguments they have had when they go for rating is the low millage rate that they have been able to maintain, which gives them the opportunity to meet the obligation in case of emergency and he thinks they need to continue to safeguard that because he doesn’t know that they will have an opportunity any time soon to build a large reserve.

Commissioner Carey stated she thinks the rating is important because it determines how much it’s going to cost the County to borrow money, so they want to do everything they can to protect that.

Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-46, as shown on page _______, authorizing the issuance of Special Obligation Bonds, Series 2014, to provide financing for the Sports Complex and renovations to Soldiers Creek Park in an amount not to exceed $28 million.

Districts 1, 2, 3, 4 and 5 voted AYE.

Mr. Akers stated he thinks the rating agencies have a very good understanding of where Seminole County is, what the history has been, and the fact that they did build up substantial reserves to meet a downturn in the economy. He believes the rating agencies recognize that and are fully knowledgeable of Seminole County, but they know at some point the budget has to balance and you don’t deplete your reserves below the minimum requirement.

COUNTY MANAGER AND STAFF BRIEFINGS

Mr. Hartmann stated on January 16, Chairman Dallari received a copy of a letter that was addressed to him from Nationwide Retirement Solutions asking that the County consider a contract extension with them. Staff has looked at it and recommends pursuing it. He stated he would like to bring it back at the next meeting. The Board voiced no objections.

Upon inquiry by Commissioner Horan, Mr. Hartmann stated he doesn’t think it will preclude them from hiring somebody to come in and help them evaluate.

COUNTY ATTORNEY BRIEFING

Mr. Applegate expressed his gratitude to Arnold Schneider, Deputy County Attorney, for all the good work he has done on the bond resolution.

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Chairman Dallari stated he would like to move the work session scheduled for this morning to the afternoon.

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Chairman Dallari recessed the meeting at 12:02 p.m.; reconvening at 1:30 p.m., with all Commissioners and all other Officials, with Clerk of Court Maryanne Morse entering late, with the exception of Deputy Clerk Erin Leben, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Henley, seconded by Commissioner Carey 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.

Clerk of Court Maryanne Morse entered the meeting at this time.

PUBLIC HEARINGS

INFRASTRUCTURE SALES SURTAX ORDINANCE

Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance imposing a ten-year, one-cent sales surtax on all taxable transactions in Seminole County subject to referendum approval, directing the Supervisor of Elections to set a countywide special referendum election on May 20, 2014, and further providing for the process for identification of infrastructure projects and shared distribution of the tax proceeds among the County, the municipalities in the County and the School Board, received and filed.

Jim Hartmann, County Manager, stated the proposed ordinance will impose a 10-year, one-cent sales surtax on all taxable transactions in Seminole County subject to the referendum approval by the voters. The proposed ordinance will also direct the Supervisor of Elections to set a countywide special referendum election on May 20, 2014. The proposed ordinance will also provide the process for identification of infrastructure projects and shared distribution of the tax proceeds among the County, the municipalities in the County and the School Board. Staff continues to meet with the municipalities and the School Board relating to the projects and that should come back to the Board in early March.

Diana Evans, 1471 Southwind Drive, addressed the Board to state she believes a special election will cost a little over $500,000. She said she found out at the CALNO meeting last week that the reason why this had to be a special election is because it would help the voters keep their focus on that one issue instead of mixing it into the other issues that are on the ballot in November. She said many of the residents took offense to that because they feel they are smart enough to multi-task and handle a lot of issues at the same time. She added she also was informed that if the special election is not scheduled in May, it will not take effect this year. She said a half million dollars is a lot of money and feels it is just poor planning if it wasn’t done in time. She said she sees that the distribution amount shows that 75% will go to transportation and 25% to education. She stated she is translating that the transportation amount will mostly go to SunRail and the remaining amount will go to Common Core. She said she is against both of those and would like to see a full detailed accounting of what the money is being spent on before she says she will vote for it.

Chairman Dallari informed Ms. Evans that she will be provided with that list.

Walter Osborne, Red Ember Road, addressed the Board to suggest lobbying the sales tax for four years instead of 10 years and scheduling the election in August as opposed to paying $500,000 for a special election. He stated the reason he feels that four years is better than ten is because families will postpone spending for things that are not critical or are not high priority if the job is uncertain. If the future revenue is a little uncertain and if the tax is not approved after the end of four years, then there will be a tendency for the County to save money. The public and the union will accept that as they will believe that the County has to be conservative republicans if the voters know about it four years ahead of time. If the Board would like to submit this to the voters again after the end of two years, then there will be no surprise as it can be done in advance. The average voter can’t understand a waste of $500,000 when three months later, it could have been done for free.

David Leavitt, 1000 Ridge Pointe Cove, addressed the Board to ask if they really need the one-cent sales tax and why they would need to do it during a special election in May. He said he doesn’t believe that having the special election before the next fiscal year starts in October is a good enough reason. The Supervisor of Elections informed him that the last two special elections for the sales tax had a low voter turnout, and the voter turnout was over 50% at a typical election in November. He added based on those facts, he recommended holding the election in November in order to get a better voter turnout.

Commissioner Carey requested that staff confirm the numbers for the elections because she does not believe they have ever had 50% voter turnout. Also, she would like to know whether they were for presidential or gubernatorial elections.

Kenneth Thompson, 250 W. 8^th Street, addressed the Board to state he is a taxpayer and they already pay so many taxes. He stated he feels there should be a cap in spending through the Federal, State and local government levels. He listed the type of taxes that the citizens already pay. He said he feels his money is well spent at the local level and the state level. He asked the Board to find ways to save money and move money away from the Federal government back to the local level.

Ed Riordan, 1793 Seneca Blvd., addressed the Board to state raising the sales tax from 6% to 7% represents a 16.6% increase of what they are currently paying in sales tax. He stated this will generate $64 million for ten years and that is a lot of money. The Board indicated that the money is needed, but is willing to gamble the $500,000 of taxpayers’ money so it can be considered in a special election. If the County already has $500,000 to fund the special election, then why do they need the money. He said he doesn’t understand why the County can’t wait until August or November when the matter can be considered at no additional cost to the County taxpayers.

Mr. Riordan stated when the public started to refer to this proposal as a train tax, the Board knew that they would need to refrain from that discussion as it became apparent that the voters wouldn’t support an increased tax for the reasons they were told that it was needed. The Board then reviewed the polling data to see how they could frame the proposal in a way that they could get the voters’ support. The Board found out that if they propose that 25% of the money would go to the school district, the voters would be more likely to support it. The Board also found out that the voters may be more likely to support the tax if the School Board reconsidered lowering the property taxes. It is interesting that the tax proposal is being framed in such a way that voters will be more likely to approve it and not based on the reality of sudden and urgent needs. The School Board told the voters that they needed money for urgent infrastructure needs. Since the School Board raised property taxes by a mill, they have spent $380,000 on band instruments, so he said he guesses there are really no immediate needs there. He added he doesn’t support the cost of the special election or the tax increase. He said he feels the Board needs to provide more detail on the reasons for the proposed tax increase and the sudden and urgent need to spend $523,000 on a special election when only 15% to 20% of the County voters historically cast ballots. He concluded by stating the Board also needs to inform the public of what their “Plan B” is if the issue fails at the ballot.

Linda Trocine, 487 Artesia St., addressed the Board to state she cannot understand why the County cannot live within their means. She said she would reiterate what has already been said.

John Horvath, 1004 Bradford Dr., addressed the Board to state he remembers the County having a population of 25,000 and now it is over 430,000. Many of the roads were narrow two-lane roads, with orange groves, cow pastures and woods on each side. There were hard times for some people when the first taxes were approved in 1990 and 2000, and there is never a perfect time to do taxes. The County as well as the School Board have cut their budgets. The County has to keep up with their infrastructure; if they don’t there will be no growth or economic development.

Cindy Youell, 351 Prima Vera Cove, addressed the Board to state she is here to ask the Board when enough is going to be enough. The government in Washington keeps spending and printing, and anyone who understands knows that when you print money you debase that currency. They are living in the days of inflation and she doesn’t think they are seeing the end of it yet. There are about 100 million people receiving food assistance from the Federal government and a lot of those people have a lot of credit card debt and are having trouble putting gas in their cars. Obamacare is affecting jobs and a lot of people are losing their jobs.

John Chimbor, Sanford, addressed the Board to state he doesn’t understand why the County is asking the residents to take money out of their pockets when they have hundreds of millions of dollars sitting in various Comprehensive Annual Financial Reports (CAFR). He recommended that the Board stop giving out bonuses to the employees as government does not produce anything.

Warren Kaul, 622 Mockingbird Lane, addressed the Board to ask them to reconsider having the election for the reasons that have already been stated. He stated he feels that this election may be defeated because of the economy and the one thing they need to consider is the economy. Florida is the second state with the highest number of long-term unemployment. There are 97 foreclosures in his neighborhood and adding this burden of an extra tax would not be good. This is not a good time to be raising taxes.

Gabriel, 1926 East Lake Drive, addressed the Board to state in his discussions with one of the Board members that it would be a great idea to lower the millage and use the sales tax to bring in revenue. He stated he feels they should axe this whole project, and as a business owner, this is not the time to tax the people. He said the cities claim they have plenty of money.

David McCoy, Oviedo resident, addressed the Board to state his main objection is spending over $500,000 to put this on the ballot early instead of waiting for a regular election. He stated it appears to him that the Board would rather have it early to have less people voting than having more people voting later for fear that it might not pass.

Melinda Akard, Oviedo resident, addressed the Board to state the reason she came to the podium is to make sure that her name and affirmation of everything that has been said before her is made part of this record in opposition of the tax. She stated it is important to her that the ballot issue be placed on the August or November ballot.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Commissioner Carey stated the Board has fought for lower property taxes, and in her term here she has voted against the County budget on numerous occasions when she believed that their spending was not in line with what it should be. She stated she also believes that the most fair way to tax and pay for infrastructure is with a sales tax.

Commissioner Carey reminded everyone that the voters passed the tax during special elections to fund infrastructure the first time as well as the infrastructure and schools the second time. She added the May timeframe is to allow the School Board to know the outcome of it before they finalize their budget. The School Board’s one-mill rate will only affect the property owners, not the 33% of visitors; many of the people who pay sales tax don’t pay property taxes. The School Board will know the outcome of the special election in May as they have to finalize their budget by June 30, 2014. Regardless of when they have this election, the sales tax will not become effective until January 2015. If the School Board is aware of the outcome of this election, they will see that they will have additional revenue coming to them from January 2015 to June 2015 and that will give them a strong reason to consider to either not levy or to lower the millage that they are considering. That is the reason that she concluded that they came up with the May timeframe.

Commissioner Carey reminded everyone of the millage rate when she was elected in 2004. She added when Amendment I came out, the Board went the maximum to roll the taxes back and they are still lower today than when the sales tax was passed the last two times. The County has the right to tax up to 10% of the utility bills, but they don’t, and that has never been increased. The citizens are unaware of the unfunded mandates from the Federal and State government that the County must pay every year. The County’s budget averages about $20 million that they have to fund locally of unfunded mandates that should be funded at the Federal or State level. She stated she feels that the people in Seminole County have a right to decide how they want to be taxed, but most of the property owners are sick and tired of being the ones of having to pay the burden. She added one mill of property tax generates about $25 million and the one-penny sales tax generates $63 million. She said there is a reason for having this election early and hopefully it will have a positive outcome. The Board’s only choice is to either raise the property taxes to pay for the local government or allow the people to decide for a more fair tax, which she believes is the sales tax.

Commissioner Henley stated he echoes what Commissioner Carey has said. The County has lowered the taxes three times and quite often they don’t stop to analyze in detail what they get for their money. He asked the citizens to think about what they get for the taxes they pay. He reminded everyone that Seminole County has one of the best school systems in the country, one of the best law enforcement agencies as well as an outstanding fire department to protect the citizens, a countywide library system, parks and trails to enjoy, and over 6,000 acres of conservation land that this Board has accumulated as a result of the citizens realizing the value of preserving that land. The County also subsidizes the bus system so that people who do not have a car can get to work. He declared that SunRail has already been paid for and people need to understand that this sales tax has nothing to do with SunRail. He also mentioned the County Health Department that is available to people that need it.

Commissioner Henley stated the unfunded mandates hit this county very hard. Seminole County was fortunate enough, during the good times, to be able to set aside a tremendous amount of reserves in addition to lowering the taxes over those years. The County has been living on that reserve over the last several years. Seminole County eliminated over 140 positions in order to try to balance the budget and to not deplete all of the reserves.

Commissioner Henley stated the CEO of one of the largest companies in Seminole County was asked why they located their business to this county, and he commented that it was because of the school system, the road system, the infrastructure, and because he gets a bargain in this county for the taxes he pays. No one likes taxes and if they did, the County could have imposed a tax by raising the millage. In order to maintain the quality of life that they have, unfortunately, it takes more revenue. He added this Board is going to have to start living within its income rather than depending on the reserves because they are not going to be there. He asked the citizens to stop and think about the positive things that they are getting for the taxes as this County has one of the lowest millage rates in this state.

Commissioner Constantine stated the County is going to lay out a list of projects in the neighborhoods and cities; then the choice will be made by the taxpayers in Seminole County. He said he believes very strongly that if this sales tax passes, the School Board will reconsider what they are intending to do with the ad valorem. The sales tax is a fair tax as the citizens have a choice as to whether or not to spend the money on what is being proposed. He added that for every $1.00 that is spent on transportation infrastructure, $7.00 comes back in economic development. If this passes, it will ensure that they will be able to maintain and improve the infrastructure.

Commissioner Horan stated he agrees that everyone pays too much in taxes and they do not like to pay them. The BCC does not have jurisdiction over the schools. The school millage was passed in 2012 by a decisive margin and consequently, it will sunset in about three years. He stated the BCC has not received approximately $180 million of revenue because the Board did not put the renewal of the sales tax before the voters in 2011. The County is providing the same or greater level of service to its citizens than it did in 2008 and they are doing it with fewer employees. He stated the way he figures out what the citizens require of the Board is to set the lowest level of taxes to meet the adequate level of services to meet their demands.

Chairman Dallari stated the Board let the sales tax sunset in 2011 because the economy was down and they felt that it would boost the economy and help everyone when times are bad. The Board knew that not all of that money was spent and they would be living off the reserves of that sales tax and they would not go to the voters until that reserve was spent. The County periodically has to go to New York in front of the rating agencies, Moody’s and Standard & Poor’s, and those agencies are amazed at how well this County is run financially. Seminole County does have one of the lowest tax rates when it comes to property, communication tax and franchise taxes. The rating agencies believe in Seminole County because it is a well-run county. Seminole County has a very high rating because they are able to make hard decisions and save money at the same time. He said that this county is run very effectively and very efficiently.

Commissioner Carey stated the Board has done everything they can do to keep the taxes low and provide the level of service that people expect for the quality of life they enjoy.

Motion by Commissioner Carey, seconded by Commissioner Constantine to adopt Ordinance #2014-8, as shown on page ________, imposing a ten-year, one-cent sales surtax on all taxable transactions in Seminole County subject to referendum approval, directing the Supervisor of Elections to set a countywide special referendum election on May 20, 2014, and further providing for the process for identification of infrastructure projects and shared distribution of the tax proceeds among the County, the municipalities in the County and the School Board, as described in the proof of publication.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Chairman Dallari recessed the meeting at 2:32 p.m., reconvening at 2:43 p.m.

ORDINANCE/LAND DEVELOPMENT CODE AMENDMENT/

Technical Manuals/Seminole County (Continued)

Continuation of a public hearing to consider adoption of an Ordinance enacting an amendment to the Land Development Code of Seminole County to (1) remove specific technical standards relating to Public Works, Public Safety, and Environmental Services currently codified as appendices therein; (2) authorize establishing the aforementioned standards as “stand-alone” Engineering/Technical Manuals; and (3) establish standards and procedures for the dedication and conveyance of rights-of-way and easements, as described in the proof of publication, Seminole County.

Lee Shaffer, Engineering, addressed the Board to advise that this item was continued from the January 28, 2014 meeting to allow staff to prepare summaries of the changes from the Land Development Code (LDC) appendices’ a, b, f and g to the Public Works - Engineering, Environmental Services - Utilities Engineering and the Public Safety technical manuals.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Constantine to adopt Ordinance #2014-9, as shown on page ________, enacting an amendment to the Land Development Code of Seminole County to (1) remove specific technical standards relating to Public Works, Public Safety, and Environmental Services currently codified as appendices therein; (2) authorize establishing the aforementioned standards as “stand-alone” Engineering/Technical Manuals; and (3) establish standards and procedures for the dedication and conveyance of rights-of-way and easements, as described in the proof of publication, Seminole County.

Under discussion, Chairman Dallari commended staff and the Development Advisory Board for putting this together.

Districts 1, 2, 3, 4 and 5 voted AYE.

EDEN POINT PLANNED DEVELOPMENT MAJOR

AMENDMENT AND REZONE/JEN Florida VIII

Proof of publication, as shown on page ________, calling for a public hearing to consider approval of a Major Amendment to the Eden Point Planned Development, including (1) adoption of the Ordinance enacting the associated Rezone from Planned Development to Planned Development; and (2) approval of the associated Development Order, Master Development Plan, and Developer’s Commitment Agreement, for 26.78 acres located on the northwest side of Dodd Road, approximately 700 feet northeast of Howell Branch Road, JEN Florida VIII, LLC, received and filed.

Cynthia Sweet, Development Services, addressed the Board to present the request, stating the applicant’s intent of the amendment is to allow viewing piers on the rear of the lakefront lots. The original development order limited the development to one community dock for residents’ use. This proposed revision would also eliminate the one community dock that was permitted by the original development order and no other changes are proposed. Staff recommends approval.

Upon inquiry by Commissioner Carey, Ms. Sweet advised there are two docks located on the north side of this particular development. One of the docks located on the same property is owned by the applicant. The other dock is owned by a property owner in the development along the north side. Other docks in the area are being removed within the lakeside development. The property owners on the lakefront can have docks if they propose to. One community dock will be allowed in the Lakeside Estates development and the front lots can have boat docks.

Upon further inquiry by Commissioner Carey, Ms. Sweet advised since this is a private lake there will be no restrictions on the lake. The development order indicates that no motorized boats will be allowed.

Discussion ensued with regard to what a viewing dock is as opposed to a boat dock.

Richard German, JEN Florida VIII Co-Manager, addressed the Board to state the community dock is just a viewing dock where people can fish off the dock. He stated he wanted to eliminate a community dock and allow the individual lot owners on the lake to have a dock as community docks cause problems and it is hard for other residents to access it due to the property configuration. It is not important to the community since no motorized boats will be allowed on the lake. Discussion ensued.

Clerk of Court Maryanne Morse entered the meeting at this time.

Commissioner Carey stated she doesn’t want to get into defending the definition of something that the Board hasn’t defined yet. If the intent is to allow the waterfront lots to have docks, then she would rather say the residents are allowed to have docks and eliminate the community dock, then make the residents live by the requirements of what the definition of a dock is.

John Horvath, 1004 Bradford Dr., stated Garden Lake is a small lake and it would be hard to have speed boats on it. He stated he grew up on a lake and he just went from the land to the water and never had a viewing dock. He added everyone needs to watch the water quality.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner Dallari recommended approval of the request as submitted to the Board.

Motion by Commissioner Horan, seconded by Commissioner Carey to approve a Major Amendment to the Eden Point Planned Development, including (1) adopting Ordinance #2014-10, as shown on page ________, enacting the associated Rezone from Planned Development to Planned Development; and (2) approval of the associated Development Order, as shown on page _________, Master Development Plan, and Developer’s Commitment Agreement, as shown on page ________, for 26.78 acres located on the northwest side of Dodd Road, approximately 700 feet northeast of Howell Branch Road, as described in the proof of publication, JEN Florida VIII, LLC.

Under discussion and upon inquiry by Commissioner Carey, Nicole Guillet, Development Services Director, stated from staff’s standpoint, they do not have a problem with the term being changed to boat dock.

District Commissioner Dallari recommended changing the term to boat dock pursuant to the definition in the Land Development Code and related requirements.

Commissioners Horan and Carey agreed to amend the motion to make that change.

Districts 1, 2, 3, 4 and 5 voted AYE.

ZIMMER PROPERTY LAND USE AMENDMENT

AND REZONE/Javier Omana

Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance enacting a Small Scale Future Land Use Amendment from Commercial to Medium Density Residential; an Ordinance enacting the associated Rezone from C-2 (Retail Commercial) to PD (Planned Development); and an associated Master Development Plan and Development Order, for 7.8 acres located on the west side of Old Howell Branch Road, north of Aloma Avenue, Javier Omana, received and filed.

Joy Giles, Development Services, addressed the Board to state the applicant is proposing to build a townhome community with a maximum of 10 dwelling units per net buildable acre. The applicant is proposing a 10-foot minimum, 15-foot average landscape buffer along the west and eastern perimeter. Access will be provided by old Howell Branch Road and utilities will be provided by Seminole County. The Planning and Zoning (P&Z) Commission recommended approval of the request. Staff finds that the proposed development is compatible with the surrounding development trend in the area and complies with the Seminole County Comprehensive Plan. Staff recommends approval of the request.

Upon inquiry by Commissioner Carey, Ms. Giles advised the site has a limited downstream capacity and it will be required to design or hold a 100-year, 24-hour storm event unless a viable outfall is determined.

Javier Omana, applicant, addressed the Board to state he concurs with staff’s recommendation. He referred to a modification to Page 2, Item 3(A) to the proposed development order and stated that he will be submitting a revised Exhibit B. He explained that the Master Plan shows a cul-de-sac venturing into the Orange County portion of the project. Therefore, they will amend the plan to depict that cul-de-sac holding within the county. He referred to Item 3(G) on the same page and stated staff is recommending that they maintain a 10-foot minimum, 15-foot average buffer on the western section. He stated following discussions with the client and further site plan studies, they would like to change that to a 15-foot buffer and not an average. Also, they would like to amend the legal description (Exhibit A) to remove the Orange County portion in that description.

District Commissioner Dallari concurred that the buffer should just be 15 feet.

John Horvath stated the property has been zoned commercial for years and nothing was ever developed there. The only question he has is a sign has been posted for the last several months that a convenience store is coming soon at the empty Shell gas station site on the corner and he is wondering if anything is going to happen with that. Chairman Dallari stated he has not heard anything about that location. Mr. Horvath said he feels that would be a distraction for the proposed Zimmer property.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner Dallari recommended approval of the request with the change of the 15-foot buffer and moving the cul-de-sac, which will be submitted at a later date.

Motion by Commissioner Carey, seconded by Commissioner Horan to adopt Ordinance #2014-11, as shown on page ________, enacting a Small Scale Future Land Use Amendment from Commercial to Medium Density Residential; adopt Ordinance #2014-12, as shown on page _________, enacting the associated Rezone from C-2 (Retail Commercial) to PD (Planned Development); associated Master Development Plan and Development Order, as shown on page ________, for 7.8 acres located on the west side of Old Howell Branch Road, north of Aloma Avenue, as described in the proof of publication, Javier Omana, per the District Commissioner’s recommendations.

Districts 1, 2, 3, 4 and 5 voted AYE.

GREENWAY LAND USE AMENDMENT

AND REZONE/Corey Stokes

Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance enacting a Small Scale Land Use Amendment from Low Density Residential and Commercial, to Medium Density Residential; and an Ordinance enacting the associated Rezone from R-1 (Single-Family Dwelling) and C-1 (Retail Commercial) to R-1B (Single-Family Dwelling), for 0.18 acre, located on the east side of the Greenway, approximately 80 feet north of SR 46 East, Corey Stokes, received and filed.

Cynthia Sweet, Planning and Development, stated the applicant is proposing to build one single-family residence on the subject property. The subject property currently consists of two lots that have different Future Land Uses and Zoning designations. One lot has a Commercial Future Land Use and C-1 Retail Commercial zoning that does not permit single family residential. The other lot has a Low Density Residential (MDR) Future Land Use and R-1 zoning that does permit single family residential. However, due to the lot size of the subject property, even after the property is combined together, the proposed MDR Future Land Use and R-1B zoning designations are more appropriate because of the non-conforming lot sizes. Per the Seminole County Comprehensive Plan, the MDR Future Land Use is a compatible transition that provides a buffer between Low Density Residential and Commercial Future Land Uses. The R-1B zoning classification is consistent with the Seminole County Comprehensive Plan and is permitted in the Medium Density Residential Future Land Use. The MDR and R-1B zoning classifications are compatible with the surrounding properties Future Land Uses and zoning designations. Staff recommends approval of the request.

Upon inquiry by Commissioner Carey, Ms. Sweet advised the combined lot will be large enough for a septic tank. She stated since they have public water, the Health Department indicated that the applicant would not be required to comply with today’s standards because the plat was approved prior to 1970.

Boyd David Sweet, representing the applicant, addressed the Board to state there is no problem with the septic tank and they have complied with everything.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Henley to adopt Ordinance #2014-13, as shown on page ________, enacting a Small Scale Land Use Amendment from Low Density Residential and Commercial to Medium Density Residential; adopt Ordinance #2014-14, as shown on page ________, enacting the associated Rezone from R-1 (Single-Family Dwelling) and C-1 (Retail Commercial) to R-1B (Single-Family Dwelling), for 0.18 acre located on the east side of the Greenway, approximately 80 feet north of SR 46 East, as described in the proof of publication, Corey Stokes.

Districts 1, 2, 3, 4 and 5 voted AYE.

REGULAR AGENDA (Continued)

Lee Shaffer, Engineering, presented request to consider a Resolution approving the initial editions of the Public Works Engineering Manual, the Environmental Services Utilities Engineering Manual and the Public Safety Technical Manual. Staff recommends approval of the proposed manuals.

Upon inquiry by Commissioner Carey, Tad Stone, Public Safety Director, advised he removed the language under the Public Safety signage under Section 12 and provided revised language for same.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution #2014-R-48, as shown on page ________, approving the initial editions of the Public Works Engineering Manual, the Environmental Services Utilities Engineering Manual and the Public Safety Technical Manual.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Mr. Shaffer presented request to consider a Resolution establishing a process to amend the Engineering and Technical Manuals authorized by Section 5.20 of the Land Development Code of Seminole County. He stated staff is proposing to create Subsection 3.32 of the Seminole County Administrative Code to establish a process to amend the Engineering and Technical Manuals authorized by Section 5.20 of the Land Development Code of Seminole County. The process allows for public comment on the proposed amendments to the manuals and those amendments will be implemented through adoption of a resolution. Staff recommends approval of the request.

Upon inquiry by Commissioner Carey relating to Section C, charging a reasonable fee for obtaining a hard copy of the manual, Mr. Shaffer advised he doesn’t recall anyone coming in to purchase the manual. He stated to the best of his knowledge, he believes everyone is obtaining copies online. Ms. Guillet advised staff would charge the standard copying rate if someone wants to obtain a hard copy.

Motion by Commissioner Carey, seconded by Commissioner Horan to adopt appropriate Resolution #2014-R-47, as shown on page _______, establishing a process to amend the Engineering and Technical Manuals authorized by Section 5.20 of the Land Development Code of Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

Ms. Guillet stated the Legislative Session has not kicked in yet as the deadline for filing bills is March 4. The “Springs” Bill has not been filed yet and staff is not sure what will happen with that, but will be keeping a close eye on it. The Expressway Authority bill is similar to the one that moved through last year.

Upon inquiry by Chairman Dallari relating to appointments to the Expressway Authority, Ms. Guillet advised the Governor is allowed to appoint six positions. Each of the County Chairs or an appointee by the County Chair are members and there will be one appointee from Seminole, Osceola, Lake Counties and two from Orange County. The mayor of Orlando is a member by right. Chairman Dallari stated he feels it would be nice if it were just elected officials as those seem to be more responsive. Ms. Guillet stated staff would be happy to advance any recommendations. There was no response from the Board.

Ms. Guillet stated there are two different bills, one in the House and one in the Senate, on reducing the tax rates on commercial leases. The bill in the House zeroes out the sales tax and the one in the Senate reduces the sales tax by 2%.

Ms. Guillet stated staff supported the E911 bill last year. The prepaid phone cards will move forward again this year and hopefully they will have better luck with it this year. The Communication Service Tax (CST) is moving through and getting a lot of attention. The House took action to delay implementation for most of the flood insurance rate increases in order to conduct a study. That is moving to the Senate. The Federal lobbyist has drafted a letter for the Chairman to sign to support similar legislation in the Senate.

Upon inquiry by Commissioner Henley, Ms. Guillet advised she has not seen a copy of the bill dealing with the Florida Retirement System (FRS). Commissioner Henley stated he understands there is a move to split the Public Safety employees and firefighters, etc. from the FRS and that could have an impact upon the actuarial salaries. Ms. Guillet stated staff will research this further. She stated there is a bill dealing with municipal public safety retirement programs.

Commissioner Horan stated when a bill is filed it automatically comes up under the FAC Legislative Committee. Commissioner Henley stated he believes he has some information on that and he will provide everyone with a copy of same.

Ms. Guillet stated staff does track the League of Cities website as some of their issues are very similar.

Bryant Applegate, County Attorney, stated he will be working with Ms. Guillet to draft a letter to the Governor, Speaker of the House, and the Senate requesting a meeting to address the Department of Juvenile Justice (DJJ) issue. The bulk of the letter will address the history of where they are and how they got there. The Association of County Attorneys is looking at other strategies as well.

Upon inquiry by Commissioner Horan, Ms. Guillet advised staff would use Mr. Brantley to help them to endorse the issues. Chairman Dallari requested that Commissioner Constantine travel to Tallahassee with a staff member to go over the legislative priorities and to report back to the Board with his recommendations.

Commissioner Horan stated Senator Hukill filed the CST bill and there was a lot of interest of getting something done to that bill, but there wasn’t a lot of traction for movement on that. He stated it will be interesting to see if there will be any progress on that bill.

Mr. Applegate stated he forwards any information he receives on bills from the County Attorneys Association to Ms. Guillet. Ms. Guillet stated the Energy and Public Utilities Committee did a positive amendment and they did an adjustment to the Direct-to-Home Satellite portion on the revenue sharing so that local governments would stay whole on that.

Upon inquiry by Commissioner Horan, Commissioner Constantine advised the passage of a bill depends on how long it stays in one committee and who really wants it. Commissioner Horan stated it’s not good for the State, but they have a $1.3 billion surplus and have the ability to pass any problems down to the local governments.

CHAIRMAN’S REPORT

Chairman Dallari advised that he will be distributing information that staff will submitting to the Orlando Sentinel relating to the one-cent sales tax, i.e. the history, what it is and isn’t, the County’s track record and why now. He said he would like the Board to review same and report back to the County Manager. A meeting has been scheduled with the Economic Development Advisory Committee to discuss this issue. They will be discussing this further with the Mayors and Managers.

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Chairman Dallari stated he has no issues with the changes to the evaluations for the County Manager and County Attorney.

Upon inquiry by Commissioner Carey, Chairman Dallari advised he has finalized the evaluation forms that he wants to use and he will distribute those to the Board.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Constantine stated Bernie Machen, University of Florida President, spoke at the Leadership Seminole third annual Lessons in Leadership on January 29, 2014.

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Commissioner Constantine stated the Sanford Rotary Breakfast and the Zoo-B-Que were well attended.

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Commissioner Constantine stated the Central Florida Zoo will have a ribbon cutting for the giraffe’s exhibit on February 14, 2014.

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Commissioner Carey stated there has been a lot of discussion from the media relating to the bears and bear-proof trash cans. She stated that she and Joe Forte, Deputy County Manager, met with the Florida Fish and Game representatives to introduce them to the trash haulers and the media were very interested in their discussions at that meeting.

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Commissioner Carey stated she attended the Wingfield North Homeowners Association meeting to discuss the incident that happened with a bear. The association is waiting on taking a position of what they want to do. She said she has been working very closely with Waste Pro, who uses bear containers in the Panhandle. Waste Pro is putting together some statistics. She submitted a draft letter (received and filed) with regard to a $60,000 grant that the Fish & Wildlife Conservation Committee (FWC) applied for and stated, if there are no objections from the Board, she would like to send it to the FWC. She said $20,000 of that grant will be allocated to Seminole County. There are other places around the country that are dealing with bears and it is a standard for them to have bear-proof garbage cans. The consensus of the Board was to authorize the County Manager to execute the letter.

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Commissioner Carey stated the County owns property on the corner of Lake Mary Blvd. and Red Cleveland Drive. This is a piece of property that was left over from the extension of Lake Mary Blvd. She stated the Sanford Airport Authority approached her about possibly purchasing or trading that property for something that they may have. She said she has submitted a copy of the map that the Sanford Airport Authority provided to Deputy County Manager Joe Forte. She added there may be a couple pieces of properties that are close to the proposed Sports Complex that the County may be interested in. Mr. Forte will be briefing the Board regarding same. The one property is directly across the street from the Moores Station Road property and the other is approximately two lots down from the proposed Sports Complex.

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Commissioner Horan stated discussions were held relating to the DJJ, the CST tax and legislative initiatives during the Florida Association of County Regional Planning meeting and during a telephone conference call. He stated he believes that Mr. Applegate, Ms. Guillet and Commissioner Constantine will be keeping everyone in the loop with regard to the legislative session.

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Commissioner Horan stated he attended the first meeting of the Parks Foundation Board. He stated two of his appointees made a recommendation for a formation of a separate corporation that will seek philanthropy to support special initiatives for parks, recreation, natural lands and everything that is under Leisure Services. The Parks Board will be filing for their tax-exempt status next month. They have done a tremendous thing in setting up the ancillary board. He said he is looking forward to really good things happening in the future.

Upon inquiry by Commissioner Carey, Commissioner Horan advised this is a private board that is not under the control of the County. It will be set up like the Friends of the Library. He said he will provide more information on setting up that board.

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Commissioner Horan stated it has come to his attention that the contract for the water and sewer master plan consultant is coming up for a one-year renewal. He said he would like to place that on the consent agenda for approval at the next Board meeting.

COUNTY MANAGER’S REPORT

Mr. Hartmann stated he and Mr. Forte attended the Florida City and County Managers’ Association meeting. He said he was invited to assist with the presentation along with Phil Rollins, President of Orlando City Soccer; Byron Brooks, City of Orlando; and Don Fisher, Osceola County. He stated they were asked to tell a story to the city and county managers throughout the state regarding intergovernmental work and public/private partnership in association with Orlando City Soccer. He said he feels this will set a tone for the future about how governments are going to have to work across borders in order to get good quality regional projects done.

COUNTY ATTORNEY’S REPORT

No Report.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:40 p.m., this same date.

ATTEST:______________________Clerk_____________________Chairman

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