BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 10, 2015
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, March 10, 2015, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of
meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman John Horan (District 2)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court & Comptroller Maryanne Morse (late)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Erin Leben
Pastor
DeGrando Franks, North Metropolitan Church of God, Longwood, gave the
Invocation.
Commissioner
Constantine led the Pledge of Allegiance.
Maryanne
Morse, Clerk of Circuit Court and Comptroller, entered the meeting at this time.
BUSINESS
SPOTLIGHT
The
Business Spotlight video for Aerosim was presented.
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Chairman
Carey recessed the meeting of the Board of County Commissioners at 9:42 a.m.,
and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #1 – A-0418-15
Pamela
Lynch, Business Development Manager with Economic Development, addressed the
Board to present a request to approve a U.S. 17-92 CRA Redevelopment and
Construction Grant Agreement with Ramco USA Development Corporation to improve the
Sanford Town Square a/k/a the Winn Dixie Plaza, 1500 through 1566 S. French
Avenue, Sanford, in the amount of $16,859.
Ms. Lynch presented the Request as outlined in the Agenda Memorandum. She advised the Technical Advisory Committee,
the Redevelopment Planning Agency (RPA), and staff recommend approval of the
request.
No one spoke in
support or in opposition.
Chairman Carey discussed why she
felt these improvements will help the shopping center’s leasing opportunities.
Motion by Chairman Carey, seconded by Commissioner Horan, to
approve the U.S. 17-92 CRA Redevelopment and Construction Grant Agreement with
Ramco USA Development Corporation for redevelopment of the Sanford Town Square,
Winn-Dixie Plaza, 1500 through 1566 S. French Avenue, Sanford, in the amount of
$16,859; and adopt appropriate Resolution #2015-R-49, implementing the Budget
Amendment Request (BAR) #15-057 through the U.S. 17-92 CRA Fund to appropriate
budget of $16,859 for Development Grants from Contingency Reserves.
Under discussion, Commissioner
Constantine commented that he does not feel it is the County’s responsibility
to take care of landscaping on private property or to pay for upgrades required
by the Americans with Disabilities Act (ADA), which the business has allowed to
lapse or has refused to do. He discussed
why he felt paying 20% of the landscaping and the ADA requirements is the wrong
thing to do. He stated he will not be
supporting the motion.
Chairman Carey mentioned at the RPA
meeting last week, the Board made the decision to not accept mini-grants any
longer, which is where signs fall. She
stated this is within the realm of the type of grants that are still being given. She advised the BCC has given direction to focus
the majority of the money that is left in the CRA on the stormwater solution. She stated if they want to stop considering
grants of any type, she thinks they need to talk about that as a Board and give
some warning to the public. She stated
that because the Board has not given the indication that they are going to stop
these types of construction grants for redevelopment, and until they do, she thinks
that certainly the Board will consider these.
Upon inquiry by Commissioner
Dallari as to why the ADA requirements were not met earlier, Ms. Lynch advised
the Applicant would be bringing the property up to code. She stated in the past although the Board has
received grants that might include things such as ramps, they may have not
specifically said "ADA," but the Board may have approved those types
of projects in the past. Upon further
inquiry by Commissioner Dallari regarding the ADA requirements, Ms. Lynch
advised under the CRA policy, it clarifies those types of improvements are included. Ms. Guillet added they are qualifying
improvements under the policy for the grant program.
Bryant Applegate, County Attorney,
advised there is a myriad of regulations and requirements regarding the ADA. He advised when work is being done on older
businesses and a percentage of that work requires updating, that is when the
business would have to comply with the ADA.
Commissioner Dallari mentioned that
at one of the last CRA meetings, the Board discussed mini-grants and not funding
landscaping. Ms. Guillet clarified that
the grant program used to allow for up to 100% of the cost of landscaping. Based on the discussions between staff and
the Board last summer, the maximum allowance for landscaping was reduced
20%.
Commissioner Henley advised he is
going to support the motion but shares many of the concerns that Commissioner
Constantine has raised. He opined the
Board needs to revisit some of these policies.
Since the Board has already set the precedent, he stated he will support
this but restated he shares Commissioner Constantine’s concerns.
Chairman Carey stated there is
nothing that would stop this Board from making the decision that they are no
longer going to accept applications for any grants other than focusing on the
stormwater. She advised the Board just
needs to give clear direction, and so far the direction to the staff has been to
no longer accept mini-grants but redevelopment construction grants would still
be allowable.
Commissioner Horan agreed with
Commissioner Henley that the Board operates by rules that have been in place
for some time. He stated the policy has
not been changed, and this particular grant falls within the policy. He stated that the intention was to catalyze
infrastructure with the money that was raised. In 17 years about $23 million can be raised
and stated not much infrastructure can be funded with $23 million. He opined this is a good grant under the
existing policy. He reiterated there is
not enough money in the CRA Fund to do major infrastructure projects. He advised he will be supporting the motion.
Commissioner Constantine advised
that the Board has discretion as to whether or not the County is going to fund these
grants at different percentages. He opined
that someone else on U.S. 17-92 that has to make ADA changes will look at this grant
and question why someone received funding for ADA changes and not them.
Commissioner Constantine advised because
he feels so strongly that the CRA should not be paying for ADA improvements or
for landscaping, he will be looking at all the grants that come down the line; and
if the projects do not affect the entire corridor for the entire county to
improve U.S. 17-92, that main street, then he will be very cautious in
supporting any of them. Discussion
ensued regarding changing the CRA policy.
Chairman Carey advised that based
on the discussion of the Board, she is going to ask the County Manager to
schedule some time and make some recommendations. She stated at the last RPA meeting, she
expressed the concern of the BCC about spending the CRA money on various things
and reminded the RPA the BCC is trying to focus the remaining dollars on the
stormwater issue because that will have the greatest impact on the possibility
of the improvement of U.S. 17-92 as a whole.
Chairman Carey stated the Board needs to change the CRA policy and stop
taking applications if that is the direction of this Board.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Constantine voted NAY.
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Agenda Item
#2 – A-0475-15
Ms. Lynch presented a request to
approve a funding request from The
Hispanic Business Initiative Fund of Florida, Inc. (HBIF) to provide business
development services in Spanish to CRA businesses in the amount of $60,000. She added the request is to offset costs to provide
capacity-building training for Seminole County entrepreneurs and businesses,
either within the community redevelopment area or seeking to move into the
CRA. HBIF believes this funding will
allow them to increase the number of strong, well-structured Hispanic-owned
businesses and spur economic growth along the U.S. 17-92 corridor. Ms. Lynch advised the Technical Advisory
Committee recommended funding this request in the amount of $60,000. The Redevelopment Planning Agency (RPA) recommended
funding this request for $50,000. She
advised staff does not recommend approval of this grant request because the
item was not budgeted for this fiscal year, and these services do not seem to
be consistent with the new direction from the CRA to expend funds on catalyst
projects only.
Upon inquiry by Commissioner Horan,
Ms. Lynch stated at the RPA meeting, Commissioner Horan recommended the amount
be reduced to $50,000 for the request.
No one spoke in support or in
opposition.
Chairman Carey opined the Hispanic
Business Initiative Fund is a very worthy cause, but she is not sure that their
CRA dollars is the place to consider any funding. She agreed with staff's recommendation, to
not support this, because she thinks it is inappropriate.
Commissioner Horan explained he was
on the RPA at the time and he was following policy; and since this did support
the goal of the CRA as identified in the Agenda Item, he suggested approval in
the amount of $50,000. He reiterated
that there is not enough money in this CRA to catalyze infrastructure projects. He stated if they are going to use the CRA to
benefit the corridor and they have goals, objectives and policies, then they
either need to change the goals and the policies or to follow our their own
rules. He opined that if they did not
have this policy, then it should not come out of the CRA, but added they do
have the policy.
Chairman Carey advised it is her
understanding that HBIF had requested this money from the General Fund and
because it was not available in the General Fund, somebody recommended that it
be requested through the CRA. She opined
the CRA is not the appropriate place for this request; and she thinks there are
other opportunities, maybe not even at this level but at a lesser amount. She stated she would like to know the makeup
of the business because she does not know whether the Board has all the
information needed to even consider it. She
restated that she thinks the Board needs to come back and discuss the policies
and what direction they are going to take.
Commissioner Henley agreed with
Commissioner Horan that the County does not have enough funds to deal with some
of the infrastructure needs. He
contended that one of the reasons the CRA does not have the money is because
they keep giving it away on projects like this that do not have a maximum
impact. He stated he does not feel that
this is the type of project the County should be using CRA money for, and he
will not be supporting it.
Motion
by
Commissioner Henley, seconded by Commissioner Horan, to deny the funding
request from The Hispanic Business Initiative Fund of Florida, Inc. (HBIF) in
the amount of $60,000 to provide business development services in Spanish to
CRA businesses.
Under discussion and regarding the
funds that were raised through the CRA, Commissioner Horan explained that if
they had not spent a penny on anything, they still have raised no more than $23
million in 17 years, which is not enough to do any kind of substantial
infrastructure projects and emphasized the issue is not that the CRA does not
have money right now because they spent it.
Commissioner Horan advised for a long time the CRA was accumulating
money and only in recent years did they have enough money to spend on
anything. He stated at this particular
time they should not waste money that has been put away for such a long period
of time and should try to use that seed money on the stormwater studies that the
County is doing right now.
Under further discussion, Commissioner
Constantine advised HBIF has a relationship with the University of Central
Florida (UCF), who has a program helping small businesses as well as their Incubator
Program. He stated if the National
Federation of Independent Business (NFIB) finds businesses that need assistance,
they can help them in the direction of the incubator and/or the small business
programs that UCF and others have. He
stated he is in support of the motion.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman Carey advised Item #3,
funding request by the Seminole Cultural Arts Council to wrap U.S. 17-92
traffic signal boxes with local artwork, has been pulled from the agenda.
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Chairman Carey adjourned the
meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 10:07 a.m.,
and reconvened as the Board of County Commissioners.
COUNTY
MANAGER’S CONSENT AGENDA
Nicole Guillet, County
Manager stated there is an Add-on, Item #19A, request to authorize staff to
submit a grant application to the St. Johns River Water Management District for
the Soldiers Creek Regional Stormwater Facility.
Commissioner Dallari requested
Item #26, Work Order #2, Guaranteed Maximum Price (GMP), for RFQ-9093-13,
Construction Manager at Risk for Seminole County Sports Complex Projects (A1A
agreement) with Wharton-Smith, Inc. of Sanford, be pulled for a separate discussion.
With regard to public
participation, no one spoke in support or in opposition and public input was
closed.
Motion by Commissioner Constantine, seconded by Commissioner Horan,
to authorize and approve the following:
County Manager’s Office
Business Office
4. Approve the City of Casselberry’s request to
appoint the Casselberry City Commission as the Community Redevelopment Agency
(CRA); Resolution #2015-R-50, amending sections 30.10.5 and 30.10.10 to the
Seminole County Administrative Code relating to the Casselberry Community
Redevelopment Agency. (A-0390-15)
Economic
Development Division
5. Approve a pledge commitment
to the University of Central Florida Research Foundation, Inc., in the amount
of $50,000 for services provided through GrowFL and the Florida Virtual
Entrepreneur Center; Services Agreement with the University of Central Florida
Research Foundation, Inc. (A-0439-15)
Community
Services
Business
Office
6. Approve and authorize the Chairman to execute the
Satisfactions of Mortgage for households assisted under the County's HOME/SHIP Home
Ownership Assistance Program, the Rehabilitation Assistance Program, or the
Reconstruction Assistance Program as follows: Natalie Arnold, Juanita Collins,
Mary Ann Evans, Irma Fonseca, Pauline E. Higgins, Lisa Wallace-Valerio, and
Amanda Faucett. (A-0494-15)
7. Approve and authorize the Chairman to execute the
Agreement for Assumption of Mortgage between Seminole County and The Devereux
Foundation, Inc., d/b/a Devereux Florida. (A-0501-15)
Community
Development Division
8. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-51, amending Section 3.554 of the Seminole
County Administrative Code to give signature authority to the Community
Services Director to execute HOME Agreements in an amount not to exceed
$100,000 and to the County Manager to execute HOME agreements in an amount not
to exceed $150,000. (A-0081-15)
9. Approve and authorize the Chairman to execute the
Subrecipient Agreement between Seminole County, the City of Sanford and
Expressly You School of the Arts, Inc. for Program Year 2014-2015. (A-0542-15)
Development
Services
Planning
& Development Division
10. Authorize
the reduction of Performance Bond #3215631 from $122,705 to $68,805 for the
Peninsula at Island Lake Subdivision; Michael Towers, Applicant.
(A-0451-15)
Environmental
Services
Business Office
11. Approve
the First Amendment to the Wholesale Sewage Treatment and Disposal Agreement
with the City of Longwood. (A-0461-15)
Wastewater
Division
12. Approve
and authorize the Chairman to execute a Maintenance Easement and Maintenance
Agreement with the Steeple Chase Community Association. (A-0486-15)
Public
Safety
Emergency
Management Division
13. Approve
and authorize the Chairman to execute the Memorandum of Agreement with Orange
County Sheriff’s Office and Orange, Seminole, Brevard, Lake, Osceola and Volusia
Counties for the Urban Area Security Initiative (UASI) Grant Program. (A-0485-15)
Public Works
Engineering
Division
14. Adopt appropriate Resolution #2015-R-52, and authorize the Chairman
to accept a Drainage Easement for property near the intersection of Lake Mills
Road and Lake View Avenue to formalize the continued maintenance of a drainage
system and a Quitclaim Deed to clearly define the right-of-way line where
ambiguity exists. (A-0535-15)
Fleet/Facilities
Division
15. Approve and authorize the Chairman to execute the
First Amendment to the Lease Agreement for Seminole County Mental Health Center
between Seminole County and Aspire Health Partners, Inc. (A-0362-15)
Resource
Management
Business
Office
16. Approve
and authorize staff to submit a Grant Application to the St. Johns River Water
Management District through their Cost-Share Funding Program in the amount of
$10,000 for the Toilet Rebate Program for Residential/Commercial Water
Customers; and authorize the County Manager to execute any documents associated
with the Application. (A-0467-15)
17. Approve
and authorize staff to submit a Grant Application to the St. Johns River Water
Management District through their Cost-Share Funding Program in the amount of
$5,000 for the High Efficiency Energy Star Washing Machine Rebate Program; and
authorize the County Manager to execute any documents associated with the Application.
(A-0471-15)
18. Approve
and authorize staff to submit an Application to the Department of Health and
Human Services, Substance Abuse and Mental Health Services Administration
(SAMHSA) for the Treatment Drug Court Grant in the amount of $325,000; and
authorize the County Manager or her designee to execute any documents
associated with the Grant Application.
(A-0541-15)
19. Approve
and authorize the Chairman to execute the Restated Service Provider Agreement
with Aspire Health Partners for the Adult Drug Treatment Court Expansion &
Enhancement Grant awarded to Seminole County by the Department of Health and
Human Services, Substance Abuse and Mental Health Services Administration. (A-0498-15)
19A. Approve
and authorize staff to submit a Grant Application to the St. Johns River Water
Management District through their Cost-Share Funding Program in the amount of
$800,000 for Lake Jesup Nutrient Reduction Facility, Soldiers Creek Regional
Stormwater Facility (RSF) at County Road 427; and authorized the County manager
to execute any documents associated with the application. (A-0590-15)
Budget
and Fiscal Management Division
20. Approve
and authorize the Chairman to execute appropriate Resolution #2015-R-53
implementing Budget Amendment Request (BAR) #15-052 through the General Fund to
appropriate budget of $58,000 from Reserves for additional operating funds
needed for mosquito control chemicals. (A-0479-15)
21. Approve
and authorize the Chairman to execute appropriate Resolution #2015-R-54
implementing Budget Amendment Request (BAR) #15-053 through the 2001
Infrastructure Sales Tax Fund to appropriate budget of $372,098 from Project
Contingency for the Oranole Road Drainage and Erosion Control Project.
22. Approve
and authorize the Chairman to execute appropriate Resolution #2015-R-55
implementing Budget Amendment Request (BAR) #15-054 through the General Fund in
the amount of $11,345 to accept the VOTE Program Grant Award from the
Department of State/Division of Elections to assist in satisfying accessibility
requirements at voting locations for individuals with disabilities. (A-0516-15)
23. Approve
and authorize the Chairman to execute appropriate Resolution #2015-R-56 implementing
Budget Amendment Request (BAR) #15-055 through the Libraries Donation Fund in
the amount of $64,074 to recognize cash balances forward/contributions and
appropriate expenditures for the Summer Reading Program, replacement shelving,
E-book services, and other Library operational supplies/equipment. (A-0531-15)
24. Approve
and authorize the Chairman to execute appropriate Resolution #2015-R-57 implementing
Budget Amendment Request (BAR) #15-056 in the amount of $(249,083) through the
various Water and Sewer Funds to restructure and reallocate funding in
FY2014/15 for various water and sewer capital projects. (A-0530-15)
Purchasing &
Contracts Division
25. Approve
SS-602232-15/BJC, Single Source Procurement for the Acquisition of Educational
and Procedural Cadaver Training, with Paragon Medical Education Group, Memphis,
TN; and authorize the Purchasing and Contracts Division to execute the
documents. (A-0529-15)
27. Award
CC-9899-15/JVP, Construction Services Agreement, Oranole Road Sidewalk and
Erosion Control in the amount of $858,375.50 to Stage Door II, Inc. of Apopka;
and authorize the Purchasing & Contracts Division to execute the Agreement.
(A-0506-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
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Agenda Item
#26 – A-0447-15, Commissioner Dallari commended everyone working on
the Sport Complex on doing a phenomenal job.
He stated he would like to have a work session before they agree on
anything and would like the Commissioners to have open dialogue on particular
items. He advised during his three briefings
with staff, he has spoken to staff about particular concerns of his and has not
seen movement on them.
Commissioner Dallari stated he does not see a problem with pushing
this back another 30 days. He advised he
would love to actually look at plans in great detail instead of just seeing a
presentation from staff. He opined it is
difficult to get into what the Board is approving unless they are looking at
the details. Commissioner Dallari stated
this is a large project, and he thinks the Board taking their time and making
the right decision moving forward is the right thing to do.
Commissioner Dallari noted he has expressed his concerns to
staff regarding the architectural style.
He opined that the County could get a lot more for their money. He stated he would like the Board to continue
this item and have a work session with County staff as well as the consultants
so everyone can be on the same page and understand exactly what this project
could be to make sure it is an outstanding facility.
Chairman Carey advised the Board has had a number of work
sessions on the Sports Complex, and they have talked about this in detail. She stated she is not interested in reviewing
the detail of the plans. She advised she
thinks the Board has given adequate direction.
Commissioner Dallari stated the first time he saw the plans was
Thursday afternoon, which is not enough time, and added he has not seen a full
set.
Commissioner Horan expressed that he has not been very pleased
with the project delivery method that the Board adopted or executed. He stated he was hoping the Board would have
gone through a process that was closer to a design-build process. He stated his observation over the last year was
that the design and construction process was not wedded as closely as it could
have been, and consequently there were a lot of “fits and starts.”
Commissioner Horan stated he does not have any reservations at
this time about how the contractor and the designer have come to the conclusion
they have come to today as far as the GMP is concerned. He advised he has been in discussions with
staff for a long period of time about the process. He knows the design was modified on a number
of different occasions and that the contractor and the designer had some
conflicts and disputes concerning the amount of dirt, the type of top soil, and
how much was going to be needed.
Commissioner Horan explained that one of the things he really
likes is the GMP does not include the lighting, which will be done with
separate financing. He stated the
lighting is about a $3.25 million aspect of this project. He explained the GMP that the contractor is
submitting $24 million and change, which includes a $79,000 portion for
electrical coordination that will go largely through the subcontractor.
Commissioner Horan explained the County will be taking $3.25
million for the lighting, which otherwise would be in the construction cost,
and because it is going to be a direct purchase item, they will be able to
finance that at a rate that will be below the 3.9%. He advised the County will be taking $3.25
million of the construction cost and financing it at a rate that is lower than
what they have been able to finance the rest of the project. He reiterated that he does not have any
reservations about the GMP at this particular point.
Upon inquiry by Chairman Carey, Joe Abel, Leisure Services
Director, addressed the Board to state Richard Durr and Carl Kelly, Greenways
and Natural Lands, and he have been working with the contractor through the
entire GMP process. He confirmed the
County had somebody at the table throughout the entire GMP process looking at
the bids, reviewing the bids, and noted that is their area of expertise. Upon further inquiry by Chairman Carey, he
confirmed he was certain they have selected the best bids for the project based
on the plans they have. He added that
Ray Hooper, Purchasing & Contracts Manager, was also part of the process,
especially with the GMP and negotiations.
Chairman Carey advised she spoke to Edward Bass, Resource
Management, yesterday regarding the lighting.
She discussed financing the lighting for the Sports Complex.
Ray Hooper, Purchasing and Contracts Manager, addressed the
Board to state he had a lengthy conversation with Musco Finance, yesterday
about their financing and their position is that the interest rate of 3.19% is
a shopped-around rate that is not in-house but is through a third party. He advised Musco Finance did say that if the
County wants to seek alternative ways of financing, that would be fine. They would offer the same terms and
conditions of the $3.25 million for the purchase price along with the extended
warranty that the County would get side-by-side with the lease purchase rather
than a standard commercial warranty that they would provide under a straight
purchase price. He added that when they
went out and negotiated the GMP and were thinking about the lease purchase in
January, Musco’s rate was 2.67%, and currently, the best they can offer is
3.19% based upon a shopped-around rate with their providers.
Commissioner Henley advised he does not have a problem with
delaying this item. He stated late
yesterday afternoon the complete set of plans were made available and he has
not had a chance to go through them, nor has he had an opportunity to hear the
concerns that any of the Commissioners may have. Chairman Carey stated from a delay
standpoint, she does not know if a couple weeks would make a difference, but
she wants to hear what the rest of the Board’s concerns are before they give
staff any direction.
Commissioner Constantine expressed his concern with the fact
that approving the GMP means that the plans are approved. Regarding the plans, he opined it would be
helpful for the Board to sit down and discuss them. He stated he has some suggestions on the
final plan. He advised if the plans and
the GMP could be separated, he would be happy to support the GMP today. If the Board supports this, they support the
plan as given to them yesterday, and he cannot support that.
Chairman Carey stated it sounds to her like they need to have
another workshop to hear everybody's concerns.
She advised they need to give everybody who wants to go through the set
of plans the opportunity to do so. She
stated the Board has already seen this set of plans at 30%, 60% and 90% and at
some point they will have to let this get to the open market. She added this GMP is based on a set of hard
drawings.
Commissioner Dallari restated he would like to have open
dialogue in a work session with fellow Board members to understand what their
concerns are, if they have concerns. He
discussed his concerns with the architecture of the Sports Complex.
Ms. Guillet stated they can bring this item back and hold a work
session in two weeks. She advised the
Operations and Management work session is after the next meeting, so they can add
this subject and discuss the plans then.
She advised the Board will not be able to vote on the GMP because if they
have changes, it will need to be brought back. She stated it will probably be a 30-day delay
on the GMP if they want to do that. She
stated they also might run into pricing issues and noted the guaranteed price
on the turf expires this week.
Mr. Hooper explained that the GMP consists of 38 biddable trade
items. In December Wharton-Smith, at 90%
drawings, was required to go out and get those bids. Those bids were due in the early part of
January and are normally held for 60 days.
He stated staff attempted to bring in the turf in November and they
locked in the price. They told the turf
contractor they would execute a GMP in February. He explained that some of these bids can be
very dynamic, and time is money. He
stated staff will do their very best to keep these prices held, to keep that
GMP from moving north, but it is a time-sensitive issue.
Regarding the turf, Chairman Carey stated the Board gave
permission to go out to the turf contractor early on. She advised the County is building a sports
facility and the question is what is it going to look like at the end of the
day in that GMP. She advised if they are
tweaking the plans, the GMP is going to be based on that. She discussed the importance of being timely
about this.
Chairman Carey questioned if there was a way to confirm the
purchase of the turf. Mr. Hooper advised
staff has already done that. The turf
contractor provided a lot of the drawings at their expense. He advised he sent an email to the company
that they were committed to purchase that bid price and they said that they
would hold it probably to the end of March because staff thought this would be
approved.
Chairman Carey stated she does not see an issue for staff to
move forward with the turf contract. She
reminded the Board that all of the bids will only be held for a certain period
of time. Mr. Hooper stated if they were
to pull the turf, they would have to get all the associated documents and the
liability supporting that one item of the turf purchase, which is a
considerable amount of work and expense from the CM. He advised if they start breaking things
apart, it becomes an administrative, procurement-type problem.
At the request of Mr. Hooper, Tom Murphy, Wharton-Smith,
addressed the Board to explain the effect of breaking apart the 38 items that
were bid out for the GMP. He stated his
main concern is the turf package. He
advised in November the Board’s direction was to get the project completed, one
GMP, and move forward. Regarding the
turf, he stated his concern is that the actual bid expired on February 8th
and they were going to allow for a couple more weeks in order to hold their
pricing. He discussed the concern with
the prices for materials going up due to the construction on I-4. He stated the more the project is delayed, the
more susceptible the price is to going up on the GMP.
Upon inquiry by Chairman Carey, Mr. Murphy confirmed that this
GMP is based on a set of drawings they now have; and if there are plan changes
based on Board review and discussion, those will come in the form of change
orders to this current GMP.
Chairman Carey advised that a lot of this project is
infrastructure, site work, and turf, more so than the buildings. If the Board’s concern is the buildings, maybe
the right thing to do is just understand the concerns of the Board. She added if the Board were to approve the
GMP today, at least it would lock in the prices that they have today for all of
the dirt work and all of the things that are going to continue to go up.
Chairman Carey stated it sounds like the Board wants an
opportunity to review the plans in detail and have another workshop, which
could be in two weeks. Any final changes
could be done in the following two weeks and could come back for a final
approval if they needed to tweak the GMP number based on changes. She stated if the Board were to approve the
GMP today, they could at least lock in these contractors and the prices that
have already been bid. She noted a lot
of the prices will not change based on what the Board is doing because the site
is not going to change, the layout is not going to change, the earthwork is not
going to change, and the amount of pipe is not going to change. Chairman Carey suggested approving the GMP
today, knowing that there are going to be changes coming, either up or down,
based on the decisions that the Board makes at the work session and the final
set of plans and asked if the Board agreed.
Commissioner Dallari noted he has been expressing some of his
concerns the past several times that he reviewed this with staff and they have
not been addressed and feels he needs to put a line in the sand.
Commissioner Horan discussed his hesitancy with moving forward
with the GMP at this point. He advised
he is uneasy about moving forward because three of the Commissioners are uneasy
about going forward, and he respects that.
He stated he is very concerned with delaying this any further because
the presentation yesterday indicated the Notice to Proceed would be tomorrow. He stated they have major packages, such as
the turf and lighting, that have to be negotiated and purchased; and all of
that pricing is going to go up the more it is delayed. He stated he does not have a problem with
delaying this for another two weeks or 30 days, but the price is going to go
up. He reiterated he would like to
approve the GMP today and is comfortable with it, but he does not want to go
forward if the Commissioners do not.
Chairman Carey advised she also respects the concern that the
Commissioners have, but at the same time she is trying to preserve the value
that they have already received in these bids, especially for the long lead
items. Discussion ensued regarding
preserving pricing.
Chairman Carey suggested continuing this item until the
afternoon to allow staff time to come up with a plan to propose to the
Board. She stated she can support
approving the GMP knowing that there will be change orders coming based on what
the Board ends up doing.
Mr. Murphy explained from a contractor's point of view, all the
changes that deal with the architecture deal with just about every trade out on
the project, which means that they would have to reach out to everybody that has
bid on this project already to get those revisions priced. He stated he understands there are concerns
about the architecture and some other elements of the project, but not moving
forward with the project is asking Wharton-Smith to go back, reach out to all their
subcontractors and create a lot of work. He advised he understands the Board wants a
project that is going to work for the County that they will be proud of for
years to come, but he opined some of the decisions they are considering making
today will cause the County additional expense in the future by waiting.
Chairman Carey stated if they continue this until the afternoon,
staff will have an opportunity to come back to this Board and explain the
ramifications of the delay and offer a way to possibly solve this problem. She noted that the turf issue is important
and the Board needs to consider that.
Commissioner Constantine stated the fact is the Sports Complex is
something the County is going to have to live with and are putting their bonds
in for 20 years, and they need to do it right.
Commissioner Constantine stated he feels that staff can come up with
something that will minimize any concerns that the Board has about
funding. He stated he is looking at the
layout and some of the other opportunities they could have in there and he wants
to have the ability to have that free flow of discussion before they lock in
plans. He opined that before the Board
approves this finally, since it's attached to the plans, they should have the
opportunity to sit down one more time and do so.
Motion by
Commissioner Constantine, seconded by Commissioner Dallari, to continue request
to approve Work Order #2, Guaranteed Maximum Price (GMP) for RFQ-9093-13/RTB,
to the afternoon session; schedule a work session for March 24, 2015; and bring
back the final GMP on April 14, 2014.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by
Commissioner Dallari, seconded by Commissioner Horan, to approve the following:
County
Attorney’s Agenda
28. Approve Satisfaction of Order Imposing Civil Restitution Lien for
Incarceration Costs with Francis Engel. (A-0536-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to approve the following:
Clerk’s Office (A-0538-15)
29. Approve
Expenditure Approval Lists dated February 9 and 16, 2015; Payroll Approval List
dated February 12, 2015; and the BCC Official Minutes dated January 27, 2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s
“Received & Filed”:
1.
Memorandum
dated February 10, 2015 from Lynn Porter-Carlton, County Attorney’s Office, to
Jane Spencer, Commission Records RE:
Release of Performance and Payment Bonds #0071965 for the Alaqua Lakes
Reclaimed Water Retrofit Phase II Project (CC-4259-09) and #0079465 for the
Lake Emma Road Project (CC-4186-09) per the Contingent Settlement Agreement/Cathcart Contracting Company v. Seminole
County litigation case, as approved by the BCC on January 13, 2015.
2.
Copy of
Irrevocable Standby Letter of Credit dated January 16, 2015 from the Florida
Bank of Commerce for Job Growth Incentive (JGI) in the amount of $80,000;
Advanced Business Networking, Inc., Sanford, Applicant.
3.
Maintenance
Bond #106133189 for Water and Sewer Facilities in the amount of $3,000 for the project
known as Lake Mary Centre Remodel/Greenwood Lakes Unit 2.
4.
Employment
Agreement dated February 6, 2015 and Form W-9 for James E. Carnicella, JVC
Consulting, Inc., Apopka.
5.
Bill of
Sale/Acceptance of Water and Sewer Systems within the project known as Tuska
Reserve.
6.
Development
Order #15-27500001, Alcoholic Beverage License, New Start Operations Group,
LLC.
7.
Development
Order #15-27500006, Alcoholic Beverage License, R. W. Blue, Pelloni Technology
Corp.
8. Development Order #15-27500007, Alcoholic Beverage
License for Graffiti Junktion, 750 South Orlando Partners LLC.
9.
Development
Order #15-30000005, Setback Variance, The Ryland Group, Inc.
10.
Development
Order #15-30000011, Setback Variance, Rasheed M. and Zinobia Khan.
11.
Denial
Development Order #14-30000093, Setback Variance, Anthony Alexander.
12.
Third
Amendment to IFB-601852-13, Clarke Mosquito Control Products, Inc.
13.
First
Amendment to PS-8146-12, AMEC Environment & Infrastructure, Inc.
14.
First
Amendment to PS-7643-12, AMEC Environment & Infrastructure, Inc.
15.
Form for
Piggyback Contract to the City of Miami’s Term Contract, RFP-391314(17), with
BMG Money, Inc., for the “Loans At Work” program, as approved by the BCC on
October 28, 2014.
16.
Parks
Contracts for Services for the following:
John Thaens, Roberto Martinez, Megan Weeks, Kenyon Howard and Sally
Paulus.
17.
Change
Order #1 to Work Order #24 to CC-8199-12.
18.
Change
Order #4 to CC-8805-13.
19.
Work
Order #8 to PS-6658-11.
20.
Amendment
#6 to Work Order #16 to PS-5182-05.
21.
Amendment
#3 to Work Order #30 to PS-5182-05.
22.
Work
Orders #29 and #30 to PS-8047-12.
23.
Work
Order #79 to PS-3914-08.
24.
Change
Orders #4 and #5 to CC-9218-14.
25.
Amendment
#1 to Work Order #22 to RFP-5706-10.
26.
Work
Order #23 to RFP-5706-10.
27.
Work
Order #8 to PS-6865-11.
28.
Work
Order #30 to PS-1020-06.
29.
Amendment
#1 to Work Order #9 to PS-8148-12.
30.
Amendment
#1 to Work Order #10 to PS-8148-12.
31.
Closeout
to Work Order #2 to CC-9072-13.
32.
Closeout
to Work Order #12 to CC-9192-13.
33.
Closeout
to Work Order #14 to CC-9192-13.
34.
Closeout
to CC-9155-14.
35.
Bids for
IFB-602170-15 from DeSanto Plumbing LLC and IFB-602173-15 from Yang Inc. d/b/a
Semco Electric Company.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Agenda Item
#30 – A-0424-15
Pamela Lynch, Business Development Manager with Economic
Development Division, presented a request to approve the Jobs Growth Incentive (JGI) Funding Agreement with
Aerosim Flight Academy, Inc., providing an incentive of $2,000 per job for a
total of $100,000 to be split evenly with the City of Sanford for the creation
of 50 jobs and the Interlocal Funding Agreement between Seminole County and the
City of Sanford.
Ms. Lynch noted that the JGI Program is locally administered
between the County and the City and operates via a Program Agreement and an
Interlocal Agreement. It is an
inducement for new, expanding and relocating target industry businesses and the
award would require a surety instrument in the form of a performance bond or
letter of credit. Ms. Lynch outlined the
request as indicated in the Agenda Memorandum.
She noted that the City of Sanford approved to equally participate at
their March 9, 2015 meeting.
Commissioner Constantine questioned if the Sanford Airport would
be participating in the JGI. Chairman
Carey advised she is the airport representative and this has not been on an
agenda, nor is it typical of the airport.
She explained most of the airport’s funding is through the City and it
is part of the City budget, so by the City participating, the airport is
indirectly participating.
Commissioner Horan mentioned that the owners of Aerosim made a
significant capital investment in the area with this facility and as it relates
to this particular incentive, they will invest almost $1.7 million including
$1,132,514 for the leasing of the property; $102,500 for remodel and
construction of the facility; $408,000 in capital improvements for new
machinery and equipment; and they are currently booking over 400 hotel rooms
per month for vendors, airlines, short-term training and other visitors,
equating to approximately 5,000 hotel rooms annually. He stated he will be supporting this item and
applauded the City of Sanford for partnering with Seminole County on this
incentive.
No one spoke in
support or in opposition.
Motion
by
Chairman Carey, seconded by Commissioner Horan, to approve the Jobs Growth
Incentive (JGI) Funding Agreement with Aerosim Flight Academy, Inc., providing
an incentive of $2,000 per job for a total of $100,000 to be split evenly with
the City of Sanford, for the creation of 50 jobs; and approve the Interlocal
Funding Agreement between Seminole County and the City of Sanford, addressing
the City’s contribution of $50,000 to the JGI incentive.
Under discussion, Commissioner
Constantine stated he will be supporting this as Aerosim is a reputable company
who is performing a valuable service to this area and to this country in many
ways, along with the fact the City of Sanford has voted in support of
this. Commissioner Constantine stated
when considering JGIs, he looks at three things; and in speaking with Ms.
Lynch, he thinks she sees the value in quantifying some of these requests. He stated it is important to look at the number
of jobs, the amount of investments, and also the income of above-average
salaries. He opined it is extremely
important with JGIs that they are not competing with anyone in the county,
which this company is not; that the company is in imminent danger of moving out
of state, which this is company is not; and that the jobs come first before the
money is “laid out.”
Commissioner Constantine stated he
is going to make a value judgment on this item.
He stated he believes in giving support to Ms. Lynch in the long term
about the possibility of reevaluating this and incorporating the things he has
suggested into an overall plan to put a value system in place as the JGIs come
forward, and then it will not be a subjective judgment.
Ms. Guillet explained that the
County has some structural things in place that speak directly to proposals
such as this. She stated the JGI
ordinance was established as an alternative to the State's QTI program. It is a local incentive and it is geared
toward projects and employers that do not meet the high-wage category that QTIs
are targeted towards. She explained the
BCC historically has made a decision to support job growth in all income
brackets, and so this JGI program was intended to help foster the development
of businesses that conserve that income category. Additionally, the JGI is specifically set up
to provide incentives upfront rather than after the jobs are created. It does require a security instrument, such as
a bond or a letter of credit, to ensure that if performance is not achieved, the
funds that were provided upfront can be recaptured.
Ms. Guillet explained that often
manufacturing jobs and other jobs that do not meet the high-wage criteria need
capital upfront, and a lot of them are equipment intensive. The JGI gives them an opportunity to get some
capital to get the infrastructure in place to provide those jobs. She advised that Ms. Lynch is currently
reviewing the program’s criteria.
Chairman Carey advised they will look
forward to the tweaks to the policies that staff is looking at and will want to
have a discussion about the concerns the Board has. She suggested having another work session to
discuss how to address these issues.
Commissioner Dallari stated he
appreciates Commissioner Constantine’s comments and he believes that staff put
the protection in place so there is a guarantee that the jobs will be
there. He discussed the positive financial
impact Aerosim has had on Seminole County and the growing need for pilots in
this country. He mentioned that Aerosim
has a number of international students and they will be the ambassadors of
Seminole County to other areas. He
opined these are the type of companies Seminole County needs to be expanding in
and assisting. Since the safeguards are
in place to ensure that Aerosim is bringing in these jobs, he thinks the return
on this investment is going to be coming back tenfold to Seminole County in many
ways.
Upon inquiry by Commissioner Horan,
Ms. Lynch confirmed the JGI ordinance was passed in 2001. Commissioner Horan advised there was a
previous concern among the business organizations in Seminole County about the
lack of incentives for manufacturing firms and this program was in response to
that. He opined it is good that the
County reevaluates these programs in light of present economic
circumstances. He stated if the County
does not need a program like this, they can reevaluate it, but his sense is
they do need it because as it is not strictly the amount that is paid for a
particular job that is important; it is the effect on everything else.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Agenda Item
#31 – A-0426-15
Ms. Lynch presented a
request to approve that Dixon Ticonderoga Company as a Qualified Target
Industry Business (QTI); and approve the County’s required Local Financial
Support of $10,000 over Fiscal Years 2015/16 through 2020/21, as local
participation in the QTI tax refund program.
She reminded the Board the QTI Program is administered by the State of
Florida. The incentive is paid out after
the jobs are created and all monitoring activities are performed by the
State.
Ms. Lynch advised the Dixon
Ticonderoga Company is currently located in unincorporated Seminole County and
needs to leave their current facility due to real estate reasons by the end of
May 2015. There is capacity at their 200,000-square-foot
distribution center in Macon, Georgia to move their front office headquarter
operations from Seminole County; however, they are strongly considering staying
in Seminole County. They have located
space in the city of Lake Mary at Primera Office Park.
Ms. Lynch explained that Dixon
Ticonderoga Company intends to create 20 new headquarter jobs, which pay an
average annual wage of $46,700 and that job creation is on top of the 43 jobs
that would be retained in Seminole County.
The company will make an estimated capital investment of $1.5
million. She added that the company will
house a museum on site to showcase the company's history and various art
pieces.
Ms. Lynch pointed out that Dixon is
eligible for a tax refund incentive of $5,000 per new job. The required local financial support for this
incentive would be 20% or 20,000 paid over a 6-year period. She noted that the City of Lake Mary approved
their equal participation in this amount of $10,000 at their January 15th
City Commission meeting.
No one spoke in support or in
opposition.
Motion
by
Commissioner Constantine, seconded by Commissioner Henley, to adopt appropriate
Resolution #2015-R-58, recommending that Dixon Ticonderoga Company be approved
as a Qualified Target Industry Business (QTI); and approve the County’s
required Local Financial Support of $10,000 over Fiscal Years 2015/16 through
2020/21, as local participation in the QTI Tax Refund Program.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Agenda Item
#32 – A-0435-15
Jeff Hopper, Planning and
Development, addressed the Board to present a request to approve a Special
Event Permit from R&R Investments, LLC for the 2015 Seminole County Fair, located
at 440 Hickman Drive. The event will
occur daily from March 27th through April 5th, and estimated
attendance is approximately 1,000 persons daily. He noted that the Special Event Permit in the
Agenda Memorandum includes staff’s recommendations on approval conditions. He advised staff recommends approval of the
request.
No one spoke in support or in
opposition.
Motion by
Chairman Carey, seconded by Commissioner Horan, to approve a Special Event
Permit from R&R Investments, LLC for the 2015 Seminole County Fair, located
at 440 Hickman Drive, March 27, through April 5, 2015, with the findings that
the proposed event is reasonably compatible with nearby existing development
and does not pose an unreasonable safety or health risk to patrons or neighbors
and is subject to the conditions listed in the staff report.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Agenda Item
#33 A-0526-15
Motion by
Chairman Carey, seconded by Commissioner Henley, to continue request to approve
the 2015 Joint Planning Agreement with the City of Sanford until March 24,
2015.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman Carey advised
the work session will begin in five minutes in room 3024.
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The Board
recessed the meeting at 11:00 a.m., reconvening
at 1:30 p.m., reconvening at 1:30 p.m., with all Commissioners and all other
Officials with the exception of Clerk of Court Maryanne Morse, who was absent,
and Deputy Clerk Erin Leben who was replaced by Deputy Clerk Jane Spencer, who
were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner
Constantine, to authorize the filing of the proofs of publication for this
meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and
5 voted AYE.
PUBLIC
HEARINGS
UNNAMED ALLEY RIGHT-OF-WAY
VACATE/Mohamad Kazma
Agenda Item #34 – PH-2015-042
Proof of publication calling for a
public hearing to consider a request to vacate and abandon a 15.6-foot public
right-of-way known as Unnamed Alley, located between Palmetto Avenue and
Sanford Avenue, approximately 600 feet north of East 27th Street, described as
follows: All of that 15.6-foot wide alley lying south of Lots 87 and 88, north
of Lots 89 and 90, west of the west right-of-way line of Sanford Avenue, and
east of the east right-of-way line of Palmetto Avenue as shown of Frank L.
Woodruff’s Subdivision of Lands South Sanford, according to the plat thereof,
as recorded in Plat Book 3, Page 44, of the Public Records of Seminole County,
Florida, Mohamad Kazma, received and filed.
Denny Gibbs, Planning and
Development Division, addressed the Board to present the request as outlined in
the Agenda Memorandum. Ms. Gibbs
explained that the Applicant, Mohamad Kazma, owns Lots 83 through 88 located on
the north side of the alley, which are within unincorporated Seminole County,
and also owns Lots 89 through 94 located on the south side of the alley, which
are in the City of Sanford. Once the
alley is vacated, Mr. Kazma intends to annex the entire development site into
the City of Sanford. She noted that Mr.
Kazma provided letters of no objection from all applicable utility companies
and staff has no objections to the vacate and abandonment of the subject right-of-way.
No one in the audience spoke in
support or in opposition and public input was closed.
Motion by
Chairman Carey, seconded by Commissioner Horan, to adopt appropriate Resolution
#2015-R-59 vacating and abandoning a 15.6-foot public right-of-way known as
Unnamed Alley, located between Palmetto Avenue and Sanford Avenue,
approximately 600 feet north of East 27th Street, described as follows: All of
that 15.6-foot wide alley lying south of Lots 87 and 88, north of Lots 89 and
90, west of the west right-of-way line of Sanford Avenue, and east of the east
right-of-way line of Palmetto Avenue as shown of Frank L. Woodruff’s
Subdivision of Lands South Sanford, according to the plat thereof as recorded
in Plat Book 3, Page 44, of the Public Records of Seminole County, Florida, as
described in the proof of publication, Mohamad Kazma.
Districts 1, 2, 3, 4 and 5 voted
AYE.
KENTUCKY STREET
PD MAJOR AMENDMENT AND REZONE/
Suncoast Engineering
& Planning (Continuation)
Agenda Item #34A – PH-2015-044
Continuation of a public hearing to consider a Major
Amendment to the Kentucky Street PD (Planned Development) and the associated
Rezone from (PD) Planned Development to (PD) Planned Development for 12.16
acres, located on the north side of Kentucky Street, west of Skyway Drive, as
described in the proof of publication, Suncoast Engineering & Planning.
Joy Giles, Planning & Development Division,
addressed the Board to present the request as outlined in the Agenda
Memorandum. Ms. Giles stated the
Applicant is requesting a PD amendment and rezone to develop the southern 9.72
acres as residential while permitting restricted commercial and industrial uses
on the northern 2.44 acres. The subject
property has a High Intensity Planned Development Airport Future Land Use
designation, which allows a maximum density of 30 units per net buildable
acre. Ms. Giles noted that the Planning
& Zoning Commission recommended approval of the request and advised that
staff also is recommending approval.
Joanne Lucarelli, 196 Short
Street, on behalf of the Applicant, addressed the Board to state they concur
with staff’s recommendations.
No one else in the audience spoke in support or in
opposition and public input was closed.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to adopt the Ordinance
#2015-5 enacting a Rezone from PD (Planned Development) to PD (Planned
Development); and approve the associated Master Development Plan and Revised
Development Order for 12.16 acres, located on the north side of Kentucky Street,
west of Skyway Drive, as described in the proof of publication, Suncoast
Engineering & Planning.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSENT AGENDA (Continued from
morning session)
Continuation
of Agenda Item #26 – A-0447-15
Chairman Carey advised this item was
continued from the morning in hopes that staff would come back with a
recommendation to help move the Sports Complex project forward.
Rick Durr, Leisure Services, addressed the
Board to state the first alternative that was discussed was approving the GMP
today and going forward with a workshop in two weeks. Mr. Durr pointed out that some minor changes
could be absorbed into the project, such as an upgrade of the scoreboards and
those kinds of issues. They do have a
project contingency in the budget. They
could then cost those items out and continue to move forward with the project
based on the existing time line.
Mr. Durr advised that the second
alternative would be to approve the GMP today; and if there were major changes
(for example, if they needed to change the architecture or something that
required the design team to have to create new drawings or a revised set of
drawings), they would then need to retrace the steps of submittal back to the
Board, submittal back to the prorating agencies, getting those signed off, and
so forth. He noted that the cost of the
project going up is pretty likely with that particular scenario. He explained how it would probably also cause
a delay of close to three months at best.
His best guess for the revised costs for those major revisions would
probably be, at the earliest, the beginning of June. To some degree, they would need to repeat the
steps with some of the trades that they started back in December.
Ray Hooper, Purchasing & Contracts
Manager, explained that when this went out to bid, there were 38 trades; and he
noted they went with the low bidder on each of the 38 trades. He cautioned the GMP Proposal is now a public
document. It is on the web. He explained there were significant price
differences between the low bidders that have been selected and the second
bidders, and that is incorporated in the GMP that they are offering today. There is $100,000 between some of them. When the County goes back and redesigns, they
will give the bidders the whole package and the bidders will submit an entire
updated proposal. There is a lot of room
for these low bidders to see the margins they left on the table and to revise
their prices, not to the County's advantage but to their own advantage. Mr. Hooper cautioned that is the
vulnerability they have by not approving the GMP today.
Mr. Hooper advised if the
Board does not approve the
Upon inquiry by Chairman Carey as to a
recommendation, Mr. Hooper recommended the Board approve the GMP, allow them to
have a work session in two weeks to get the Board's input as to any particular
changes on architectural issues they may have, scoreboards and things of that
sort, and then deal with those particulars in the GMP via change orders.
Commissioner Dallari noted that he had a
conversation with Tom Murphy with Wharton-Smith during the recess about
approving the GMP, as it is stated in the Agenda Memorandum, and then allowing
Wharton-Smith to do all of the things at or below grade, including the turf
because turf is a big thing and probably won't change that much; but anything
vertical, if they want to move things around within reason, they still have the
maximum price for the GMP. They would
have some time to work with the different staffs in a work session scenario so
they can actually tweak it. They would
have a number and would have to either work up or work down. He noted there could be some changes where
they actually have some savings.
Commissioner Dallari then asked Mr. Murphy to confirm that he did not
have too much of an issue with what was just stated.
Mr. Murphy advised they have approximately
60 days of clearing and underground utility work on the site before they would
actually start with the architectural elements of the project. He explained they could work together with the
design team and staff to look at the elements that the Board may want to change
and get them identified and get them redesigned, if there are items to be
redesigned. Commissioner Dallari
clarified they don't know yet if there are things to be redesigned. Chairman Carey agreed they need to have the
workshop to get to that point. Mr.
Murphy confirmed if those items could be identified and they get direction and
get them re-priced within the 60-day period, his company could work with that. Chairman Carey confirmed with Mr. Murphy that
he agrees with staff's recommendation and agrees if the Board approves the GMP,
has the workshop, and makes any tweaks, he would have some flexibility and a
little bit of time.
Commissioner Dallari stated he thinks the
key is to ask Wharton-Smith to release all of the so-called dirt work and
artificial turf package.
Motion
by Commissioner Dallari, seconded by Commissioner Constantine, to approve Work
Order #2, Guaranteed Maximum Price (GMP) for RFQ-9093-13, as presented in the
Agenda Memorandum; to request that Wharton-Smith release the site work and the
artificial turf package; and to request staff to schedule a work session with
the five Commissioners and the appropriate staff to "tweak" the
above-ground items.
No one in the audience spoke in support or
in opposition and public input was closed.
Under discussion, Chairman Carey clarified
there is a motion and second to approve the GMP at $24,673,743 moving forward
with just the site work and the turf; a work session will be scheduled in two
weeks; and any adjustments after the discussion at the work session will be
taken up at the next Board meeting.
Chairman Carey requested the County Manager schedule the work session in
the morning; and then in the event the Board needs to take action, they could
take it in the afternoon.
Districts 1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE UPDATE
Meloney Lung, Assistant County Manager,
addressed the Board to give an update on the Legislative Session. With regard to Juvenile Detention, she
advised the County’s lobbyist is continuing to meet with both House and Senate
members to work to get their budget appropriations. Ms. Lung discussed SB 1414, which was
introduced last week, and explained the bill does not affect Seminole County
since the County is out of the system.
With regard to water resources, Ms. Lung
advised that HB 7003 has made its way through the House but does not have
funding attached to it. SB 918, the
Springs Bill, is continuing to have workshops in the Senate. She mentioned there are six administrative
bills that were introduced and two were to adjust distribution of Amendment 1
and Amendment 4 to have new trust funds set up to help administer the
program. With regard to fiscal
sustainability, Ms. Lung stated when SB 110, the bill to reduce communication
sales tax, was first introduced; it did have a negative impact on
counties. It has been rewritten to
follow what Governor Scott said, to hold counties harmless. SB 140 is a bill on commercial leasing,
reducing it by one cent. That still has
a negative impact on the counties. It
looks like this bill may not go very far because of the Medicaid issue, unless
they figure out how to fund that.
Ms. Lung stated with regard to
homelessness, SB 1500 was introduced by Senator Latvala and proposes performance
measures be changed from outputs to outcomes and include a new rapid rehousing
section. She discussed some of the
concerns with the bill about the wording that is being removed regarding the
SHIP funding portion. Ms. Lung indicated
she is working with Valmarie Turner, Community Services, and has given the
County's concerns to their lobbyist.
Commissioner Horan reported that at the
Florida Association of Counties (FAC) Legislative Executive Committee, which he
serves on, the gist of what they were told is that without a resolution on
Medicaid and without a resolution on LIP (Low Income Pool), the Low Income
Trust federal money, pretty much everything else is on hold. He noted it was gratifying to learn counties
are going to be held harmless, at least in the Governor's budget, on the
communication services tax.
Commissioner Horan advised that enterprise
zones are going to expire this year. He
pointed out several bills have been filed but they don't have traction. They have asked the executive committee to go
ahead and craft decision points on what alternatives would be palatable for
county governments. Commissioner Horan
requested the other Commissioners provide him with any input they have
regarding enterprise zones. Commissioner
Dallari suggested that they need to sit down also with the airport since that
plays a significant role in their economic development. Commissioner Horan advised FAC will have a
workshop on this issue probably within the next weeks and stated he would like
to get some input and maybe talk to people at the airport. Chairman Carey requested that staff brief
Commissioner Horan on their enterprise zones.
Upon inquiry by Commissioner Horan, Ms.
Guillet stated the County has not done anything regarding the existing enterprise
zones within the last five years that she has been with the County. Chairman Carey noted the economy has been so
bad; there hasn't been much to do. Ms.
Guillet stated there is a proposal to establish local enterprise zones;
however, there are impositions on local governments. There are mandatory requirements, such as tax
abatement for ten years, which really make it onerous for a local government to
establish the zones. The bills being
proposed have so many requirements on local government, she is not sure it will
make sense but noted that staff is tracking those bills as well.
Chairman Carey distributed the 2015 Florida
Legislature Bills of Interest (copy received and filed) dated March 9, 2015,
which was prepared by the County Attorney's Office.
CHAIRMAN’S
REPORT
Chairman Carey stated she will be
sending a letter to MetroPlan appointing Brett Blackadar and Charlie Wetzel, as
the two staff recommendations, to the MetroPlan TSMO Committee. The alternates will be Shad Smith and Steve
Douglas (Assistant County Engineer and the Assistant Traffic Engineer).
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Chairman Carey
announced that Congressman Mica will be in the district tomorrow morning
speaking to the PBAS (Private Business Association of Seminole) group at 7:30
a.m.
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Chairman Carey
reported that she represented the Commission at a lifesaving award presentation
at Station 34 last week for emergency responders; one lieutenant, two
paramedics and two firefighters. She
relayed the story of three citizens, who were also recognized, who saved the
life of Mr. Jim Sheets while he was at the Outback Steakhouse. She stated the event was a great opportunity
to meet the family and recognize all of the people in the community, including
the hospital staff, who did an excellent job.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated February 19, 2015 from Cynthia
Porter, City of Sanford City Clerk, to Chairman Carey RE: appointed
representatives as follows: Mayor Jeff Triplett
and City Manager Norton Bonaparte to the Mayor/Managers Council; Mayor Jeff
Triplett to the Tourist Development Council and Commissioner Patty Mahany as
his alternate; and Mayor Triplett on Envision Seminole with Commissioner Velma
Williams as his alternate.
2. Letter dated February 19, 2015 from Cynthia
Porter, City of Sanford City Clerk, to Chairman Carey RE: reappointment of
Commissioner Randy Jones as voting member to the 17-92 RPA and Bob Turk as
staff representative on the 17-92 RPA.
3. Letter dated February 23, 2015 from Marva
Johnson, Bright House Networks, to Commissioner Carey RE: upcoming changes to
cable programming lineup. C: Nicole Guillet, Matt Chesler, Michel
Champagne.
4. Copy of letter with attachment dated February
24, 2015 from Chairman Brenda Carey to Representative Larry Metz RE: Over
payment for Seminole County Juvenile Detention.
C: Representatives Bob Cortes,
Scott Plakon, Jason Brodeur, and Senator David Simmons
5. Copy of letter with attachments dated February
25, 2015 from Luis Rodriguez, FEMA, to Chairman Bob Dallari RE: LOMR for Case
No: 14-04-AB49P. C: Anthony Coleman, Chadwyck Moorehead, David
Stokes, Chris Tyree.
6. Copy (original to Paul Watson) of letter dated
February 27, 2015 from Sheryl Bower, Longwood Community Development Services
Director, to Chairman Dallari RE: Annexation, ANX 01-15; Parcel
#33-20-30-504-0000-0020, 751 & 753 Highland Street. (No attachment enclosed.)
DISTRICT
COMMISSIONERS’ REPORTS
Chairman Carey reported that at the RPA meeting she attended, she
reminded that Board that the direction the County Commission has taken has been
to try and focus whatever remains, while the CRA is still in place, to try and
improve the stormwater conditions or at least plans to improve that in a plan moving
forward of how to best cause U.S. 17-92 to redevelop. She recounted that one of the items that came
before the RPA was a gentleman who originally had gone in and applied for a
mini-grant. At the time the BCC had not
stopped mini-grants but it was recommended to him by County staff that he take
a look at a bigger grant so he didn't apply for just the mini-grant, which was
his first intent; but he came and applied for the bigger grant. When it got to the RPA Board, the RPA said
this looks like it should have been a mini-grant and asked why a mini-grant was
not submitted. Because the gentleman was
led down a different path than he should have been, Chairman Carey stated she
suggested if he wanted to come back and apply for a mini-grant under the circumstances,
this Board would probably consider that.
She stated she couldn't promise him what the outcome would be. She believes County staff gave direction to
someone that may not have been in their best interest and the RPA had some
interesting discussion.
Chairman Carey stated
she believes it is probably a good time for the BCC to have a policy discussion
with staff about the CRA and going forward and what they want to do. There are less than two years left on the U.S.
17-92 CRA, and it will expire in 2017.
She believes they need to have clear direction as a Board and thinks
staff needs to have clear direction and not try to necessarily direct people in
a way that is out of line and out of sync with the Board.
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Chairman Carey stated
at the March 3 Sanford Airport meeting, Larry Dale announced when his contract
expires on September 30, he will be retiring.
There was a lot of discussion regarding who would be the successor to
the presidency of the airport. She
emphasized that Mr. Dale has done a wonderful job and listed several of his
duties. Chairman Carey reminded everyone
that they no longer have TSA at the airport but rather a private company
running the security. She believes the
airport is planning to go out for a national search probably as well as
consider some internal candidates.
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Chairman Carey
remarked that she has a community kickoff meeting on March 16 with the
Engineering Department to discuss the Southwest Road ditch project with the
community. The meeting will be held at
the Second Shiloh Baptist Church and will inform the community about the
scheduled project and how that project will move forward.
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Chairman Carey’s ex
parte communication was submitted into the record.
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Commissioner Dallari reported the
Oviedo-Winter Springs Chamber of Commerce is having a luncheon on April 2; and
has requested all of the Commissioners attend.
He requested the meeting be noticed and that the County Manager
coordinate with each one of the Commissioners.
He noted since the Chamber is asking for an update as to what is going
on in each one of the districts and there are large regional projects that are
happening in the districts, he wants to make sure they are not repeating each
other and are somewhat coordinated, without speaking to each other, so everyone
understands what topics each one is talking about and that it is somewhat
informative without being repetitive.
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Commissioner Dallari stated he
received a report today from one of the residents that was in the Orange County
Commission meeting who indicated that Commissioner Ted Edwards was talking
about Seminole County and referencing the rural area and development in the
northwest part of Orange County and how he wished there had been better
coordination between Seminole County's rural area and what they are doing up in
the west north part of Orange County.
Commission Dallari confirmed that the Board had requested the Chairman
send a letter; whereupon, Chairman Carey stated she gave the last edits of the
letter this morning and it is on her desk waiting for her to sign.
Commissioner Dallari stressed that
since the Orange County District Commission is asking for better coordination,
this may be the time they ask for a JPA (Joint Planning Agreement) between the
two counties. He requested that Chairman
Carey reach out to the mayor of Orange County as well. Chairman Carey responded that when she saw
the Mayor on Sunday, she mentioned she needed some time to sit down and discuss
some concerns this Board has regarding what is going on in East Orange County.
Commissioner Constantine reported
that he has talked to two County Commissioners in Orange County, both of whom
were very positive in that they felt it would take the pressure off both
Seminole and Orange Counties if they did work together and do that. He believes in the case of Commissioner
Edwards, he is seeing the same light, being that this is in his district just
as it is in Commissioner Dallari's district.
Commissioner Constantine concurred with Commissioner Dallari that now
would be the right time. Orange County
staff is talking about a road project between the north and the south, which
obviously would affect Seminole County tremendously; and he thinks it is time
to ask for a formal JPA with Orange County.
Chairman Carey stated one of the
things they were waiting on was to see the plans that were actually submitted
and the plans have been submitted. She
believes staff has seen the plans and requested they make sure they get with
the Commissioners.
Commissioner Dallari advised he is
having a meeting with Commissioner Edwards later this week and will have an
update at the next Board meeting.
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Commissioner Dallari stated he
would like to get some additional information before the Board concerning Uber
as well as Lyft for the last mile. He
believes those are two entities that the County should be embracing regarding
people coming off of SunRail as well as different alternatives for LYNX and/or
ways to get around the county.
Commissioner Dallari emphasized he wants to make sure there is no
hindrance with that type of technology as long as everyone is aware of it. He has spoken to one of the groups, Lyft, and
they do background checks and ratings of their drivers. He stated he would like to get additional
information in front of this Board to see what the issues could or could not
potentially be.
Chairman Carey pointed out that the
County does nothing to impede them from doing business here.
Commissioner Dallari agreed
Seminole County does not impede them and is one of the few counties that does
not. He wants to make sure that they
keep on doing that and make sure that the public is aware that these other
forms of transit are available.
Commissioner Horan stated it is
interesting to note that with all of the controversy over Uber and Lyft in
Orange County, Uber and Lyft operate extensively here in Seminole County very
favorably and there doesn't seem to be a problem. He has heard no complaints coming either from
stakeholders in Seminole County, other public transportation alternatives, or
from constituents and the citizenry as a whole.
Chairman Carey requested that staff
brief everyone on what is happening and if there are any complaints. Commissioner Constantine advised that citizen
protections should be number one.
Commissioner Horan stated that kind of connectivity, that technology and
if it is available and people know about it, would be a good alternative.
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Commissioner Horan reported on his
trip to New York with the EDC (Economic Development Commission) regarding the
branding campaign. He noted he was there
with Mayor Dyer, Mayor Jacobs and Commissioner Parks from Lake County. The trip was to execute meetings with
approximately 25 companies, site selection consultants, and media outlets. The purpose was to develop relationships,
discuss any current opportunities, an overview of any past relocation projects,
gain feedback on what they can do better, and inform and educate those particular
site selection firms, companies and media outlets concerning the other part of
Orlando they don't know about, which of course is largely Seminole County.
Commissioner Horan discussed being
at a luncheon with 15 of the top site selection people in the country where Mr.
Karan Mehra, from Verizon, stood up and basically gave a commercial about
Seminole County that they could not pay for; and then Mr. Charlie Ruby, from
Deloitte, stood up and said the same thing.
He stated he is working with Ms. Guillet and Pamela Lynch, Economic
Development, on a very, very long list of "to-do's and follow-ups"
from that trip. He added it was a very
productive trip; and after following up with staff, he will be sending specific
reports to the Commissioners.
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Commissioner Constantine reported
that the Wekiva PaintOut was a tremendous success with artists from all over
the country. He stated he concurs with
what a few of the Commissioners mentioned before, that this is something they
should get more involved in as a county in the future.
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Commissioner Constantine announced
he and Commissioner Dallari will be attending MetroPlan on March 11. He added
that the Regional Planning Council will meet on March 12.
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With regard to Uber and Lyft,
Commissioner Constantine stated he believes this is a wonderful opportunity to
help the success of SunRail as well as the protection and safety of the
citizens. He does not believe any of
them are looking to get involved in private enterprise, just to make sure they
are protecting their citizens as they go forward.
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Commissioner Constantine reported
on Sable Point Golf Course and advised he has had extensive discussions with
all parties involved and is pleased to say an agreement has been made between
the homeowners associations representing 64% of the residents and the developer
and previous owner. There are still a
number of different homeowners associations that are working separately and so
there is still a little bit of contention.
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With regard to Wekiva PaintOut,
Commissioner Dallari requested additional information from either staff or
Commissioner Constantine as to how the County can become more of a part of the
event.
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Commissioner Henley referenced a
letter (copy not received and filed) that each of the Commissioners received
from FDOT regarding a refund of SunRail funds that Seminole County had
contributed. He reminded everyone that
Seminole County had the largest contribution to Phase I and has received a
rebate of just under $685,000.
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Commissioner Henley pointed out
that the number of complaints regarding golf courses is increasing and heating
up since the Board attempted to take some action in November to tighten up the
Code regarding vacated property, and he stressed nothing has happened. He advised the citizens expected to see some
results. He does not know what Code
Enforcement has done in regard to that but it is becoming a real eyesore. It has been neglected by everybody except the
vandals. Commissioner Henley stated he
is hoping to maybe “light a fire” under Code Enforcement to try and get some
action.
Chairman Carey directed the County
Manager to reach out to the Sheriff and the director of Code Enforcement and
“light a fire.” She pointed out that if
there is criminal activity going on, they need to ask the Sheriff to increase
his presence.
Ms. Guillet confirmed the Sheriff
has done that. She explained she spoke
with the Sergeant, who is in charge of the Code Enforcement program, late last
week expressing some of the concerns that they are hearing here at the County
from the residents. Code Enforcement has
been meeting with the property owner, trying to reach a resolution. They understand that it is a priority to
either bring it into compliance or take necessary action to enforce those
codes. They understand that it is a
priority and are putting together a quick action plan. They have been trying, as they do with any property
owner, to get them to come into compliance on their own; but they do understand
the concerns. They also have stepped up
patrols because of some of the vandalism.
She stressed that she will "circle back" with them because
there have been a lot of calls.
Commissioner Horan stated that in
addition to maintaining the property, cutting the grass, and making sure it is
not an eyesore, there is also a responsibility of a private owner to secure the
property, especially property that has as long a border as this particular
property. He believes the property owner
needs to have it impressed upon him that this being a unique property, a unique
investment, may require some unique expenses, not just with regard to
maintenance of the property but with regard to the security of the property
itself. That security responsibility
should not be unduly increased as a burden of the taxpayers just because the
property has changed hands.
Chairman Carey stated as far as
Code Enforcement goes, she knows they try to be as generous as they can with
giving people extensions and other opportunities. She pointed out this is at a very high level
of public interest and the Board has expressed it here for months now. She believes the process needs to be as short
as possible. It doesn't take long to get
out and bush hog a golf course. She
emphasized they need to be responsible land owners and the County needs to
process them quickly if they choose not to be.
COUNTY
ATTORNEY’S REPORT
Bryant Applegate, County Attorney,
referenced the handout regarding the Legislative bills that was distributed
earlier and advised there are a lot of bills on the list that his office is
following that relate to public records and property rights. He requested the Commissioners take a look at
the list and call his office if they have any questions and somebody from his
office will address those concerns.
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Chairman Carey announced there
would be a closed Executive Session upstairs immediately following this
meeting.
There being no further
business to come before the Board, the Chairman declared the meeting adjourned
at 2:20 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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