BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

May 13, 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, May 13, 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 (late) Acting County Manager Nicole Guillet

County Attorney Bryant Applegate Deputy Clerk Erin Leben

 

 

 

Pastor Bill Lewis, New Bethel M.B. Church, Sanford, gave the Invocation.

Commissioner Carey led the Pledge of Allegiance.

 

-------

 

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

BUSINESS SPOTLIGHT

 

The Business Spotlight video for Sunniland Corporation was presented.

AWARDS AND PRESENTATIONS

 

Motion  by  Commissioner   Henley,  seconded  by  Commissioner Carey       to  adopt  a  Proclamation,  as  shown  on  page        ,

 

 

 

DATE COMPLETED: May 22, 2014 DATE APPROVED:  June 10, 2014


 

 

proclaiming May 18 through May 24, 2014 as “Emergency Medical Services Week” in Seminole County.

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

 

A video regarding Emergency Medical Services personnel was displayed.

Wendy Brandon, CEO for Central Florida Regional Hospital, addressed the Board to express her gratitude to the EMS personnel.

Chairman Dallari thanked Ms. Brandon for the stand-alone emergency room they built in Oviedo.

The Board presented the Proclamation to Leeanna Mims, Seminole County Fire Chief, who addressed the Board to express her appreciation.

Karen Pelot addressed the Board stating May 18th, which is

the beginning of EMS Week, would have been the 21st birthday of Laura Grant, who passed away in 2011 due to an accident her daughter was involved. She thanked the paramedics and fire rescue team for all they do.

Upon inquiry by Chairman Dallari, Tad Stone, Public Safety Director, advised that Seminole County’s staff has been recognized on a national level for their treatment of stroke patients, as well as cardiac patients.

Commissioner Horan commended the EMS personnel on the extraordinary poise and professionalism they exhibit.

--------

 

Motion by Commissioner Horan, seconded by Commissioner Henley  to  adopt  Resolution  #2014-R-100,  as  shown  on  page

       , acknowledging Seminole Cultural Arts Council’s Artist of the Year 2014, talented photographer, Reg Garner.

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


 

 

The  Board  presented  the  Resolution  to  Mr.  Garner,  who addressed the Board to express his appreciation.

-------

 

Motion by  Commissioner   Carey,  seconded  by  Commissioner Henley  to  adopt  Resolution   #2014-R-99,   as  shown  on  page

        , acknowledging Dick Boyer, Senior Planner in the Department of Development Services, for 26 years of service and dedication to Seminole County Government and its citizens upon his retirement.

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

 

The Board presented the Resolution to Mr. Boyer, who addressed the Board to express his appreciation.

Chairman Dallari commended Mr. Boyer on the work that he has done with LYNX, SunRail, and MetroPlan.

-------

 

Motion by Commissioner Constantine, seconded by Commissioner Henley to adopt Resolution #2014-R-101, as shown on page   , supporting All Aboard Florida, rail service between Miami and Central Florida.

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

 

-------

 

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

U.S. HWY 17-92 CRA

 

Sonia Nordelo, U.S. 17-92 CRA Program Manager, addressed the Board to present a request to approve the Funding Agreement between the U.S. 17-92 Community Redevelopment Agency (CRA) and The Appliance Store, in the amount of $6,135 for the purpose of redeveloping the property located at 906 South French Avenue;


 

 

and approve the associated Resolution implementing Budget Amendment Request (BAR) #14-075 providing funding from the 17-92 CRA Fund.

Commissioner Carey advised it needs to be corrected that this is a District 5 item.

Upon inquiry by Commissioner Carey, Ms. Nordelo advised the property is currently occupied. She stated that the applicant was underinsured and did not understand the coinsurance portion of his agreement. When she spoke to the insurance company, they advised they would not be able to fully repair the property. She added that staff has not stopped accepting applications for the CRA, but they are advising everyone who applies that nothing will be processed until after the work session regarding the

U.S.    Highway 17-92 CRA. Ms. Nordelo stated the applicant submitted his application at the end of 2013.

Commissioner Constantine suggested that whoever makes the motion should ensure that the applicant is fully insured in addition to the amount of money that is given in the future.

Commissioner Horan stated he has had conversations with the applicant’s counsel regarding insurance coverage in the future.

Ms. Nordelo advised the applicant invested almost $80,000 and only $30,000 was part of the application.

Motion by Commissioner Horan, seconded by Commissioner Carey to approve the Funding Agreement, as shown on page

        , between the U.S. 17-92 Community Redevelopment Agency (CRA) and The Appliance Store, in the amount of $6,135 for the purpose of redeveloping the property located at 906 South French Avenue; and approve the associated Resolution #2014-R-102, as shown on page   , implementing Budget Amendment Request (BAR) #14-075 providing funding from the 17-92 CRA Fund.


 

 

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

 

Chairman Dallari adjourned the U.S. 17-92 CRA meeting at 10:15 a.m. and reconvened as the Board of County Commissioners.

COUNTY MANAGER’S CONSENT AGENDA

 

Nicole Guillet, Acting County Manager, stated staff is requesting that Item #6, Approve the Corrective County Deed for the NSP 1 rental property located at 2105 Hartwell Avenue, be pulled from the agenda. She advised the Board of an Add-on, Item #42A, Approval to submit a grant application to the U.S. Department of Justice, FY 2014, Edward Byrne Memorial/Justice Assistance Grant (JAG) program. She added that staff is requesting that Item #43, Presentation, review, and conceptual plan for the proposed Sports Complex, be pulled from the agenda.

Chairman Dallari requested that Item #35, Award RFP-9275- 14/RTB, Construction Management Services for the Seminole County Sports Complex, be pulled for a separate discussion.

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

Community Services

Community Assistance Division

4.    Approve and authorize the Chairman to execute the following Seminole County Inter-agency  Agreements: City of Altamonte Springs, City of Casselberry, City of Lake Mary, City of Longwood, City of Oviedo, City of Sanford, City of Winter Springs, Police Athletic League, and Seminole County Public Schools, as shown on page   , providing Summer Day Camp Scholarships which will provide a safe environment and a quality experience for the children of Seminole County utilizing grant funds.

5.    Approve and authorize the Chairman to execute the SafeHouse of Seminole County Emergency Shelter Program Subrecipient Agreement, as shown on page , to provide case management, financial assistance and rental subsidies to shelter residents to place these individuals in permanent housing.

Community Development Division

6.    Pulled from the Agenda request to approve the Corrective County Deed for the NSP 1 rental property in Sanford which is reducing the affordability period from thirty years to twenty years.


 

 

 

 

Development Services Building Division

7.    Determine that the unoccupied building located at 2751 Howell Branch Road, Winter Park is a Public Nuisance and authorize the Building Official to: (a) serve Notice  of  said  determination,  as  shown  on  page

        , pursuant to Sections 168.5 and 168.6 Seminole County Code; and (b) set a date for a "Show- Cause" public hearing, as prescribed in Sections 168.5 and 168.6 Seminole County Code; and (b) set a date for a “Show-Cause” public hearing, as prescribed in Sections 168.5 through 168.7, Seminole County Code.

8.    Determine that the unoccupied building located at 8421 Admiral Point, Winter Park is a Public Nuisance and authorize the Building Official to: (a) serve Notice of said determination, as shown on page  , pursuant to Sections 168.5 and 168.6 Seminole County Code; and (b) set a date for a "Show-Cause" public hearing, as prescribed in Sections 168.5  through 168.7, Seminole County Code.

9.    Determine that the unoccupied building located at 2370 Dolarway, Sanford is a Public Nuisance and authorize the Building Official to: (a) serve Notice of said determination, as shown on page  , pursuant to Sections 168.5 and 168.6 Seminole County Code; and (b) set a date for a "Show-Cause" public hearing, as prescribed in Sections 168.5 through 168.7, Seminole County Code.

Planning & Development Division

10.    Authorize release of: 1) Water and Sewer Performance Bond #0610383 in the amount of $450,464, and 2) Road, Streets, and Drainage Performance Bond #0610384 in the amount of $1,183,918 for Reserve at Alaqua; Alaqua Group, LLLP, Alaqua Property Owners Association, Inc., and Steel Curtain of Central Florida, LLC.

11.    Adopt appropriate Resolution #2014-R-103, as shown on page    , vacating and abandoning the Southerly 5 feet of the Northerly 7.5 feet; less the Westerly 5 feet thereof; and less the Easterly 5 feet thereof; of the platted Utility Easement on Lot 66, Amherst, as recorded in the Public Records of Seminole County in Plat Book 28, Pages 39 & 40, more particularly known as 1104 Winthrop Court; Kevin & Amber Spence.

 

Environmental Services Utilities Engineering

12.    Approve and authorize the Chairman to initial and execute an Agreement, as shown on page , for Electric Service between Duke Energy and Seminole County, to distribute additional electric service to the Lynwood Water Treatment Plant.

 

Leisure Services

Library Services Division

13.    Approve and authorize the Chairman to execute Amendment Number 1 to the State Aid To Libraries Grant Agreement, as shown on page   , amending certain terms and conditions of the Grant Agreement.


 

 

Tourism Development Division

14.    Approve and authorize the Chairman to execute the Joint Financing Agreement, as shown on page   , among the Sanford Chamber of Commerce, Seminole County, the Metro Orlando Economic Development Commission, the Sanford Airport Authority and Orlando Sanford International, Inc. in the amount of $4,000 for the funding of two information booths at the Orlando Sanford International Airport for FY 2013/14.

15.    Approve and authorize the Chairman to execute an Agreement, as shown on page , with United States Specialty Sports Association (USSSA) in the amount of

$5,008.55 for the 2014 USSSA Super NIT Softball Tournament to be held May 30 - June 1, 2014.

16.    Approve and authorize the Chairman to execute an Agreement, as shown on page , with Florida Amateur Softball Association (ASA), Inc. in the amount of $2,500 for the 2014 ASA Girls State Fast Pitch Softball Tournament to be held June 13-15, 2013.

 

Public Works Engineering Division

17.    Adopt appropriate Resolution #2014-R-104, as shown on page   , and authorize the Chairman to execute the Local Agency Program (LAP) Supplemental Agreement Number 1 with the State of Florida, Department of Transportation, relating to reimbursement funding for the construction and CEI Services for the State Road

46 Gateway Sidewalk Project. (FDOT FPN: 417484-1-58- 01/02 and 417484-1-68-01)

 

Resource Management Business Office

18.    Approve and authorize the County Manager to execute the Human Services Associates, Inc. Agreement, as shown on page   , to provide services through the Adult Drug Treatment Court Expansion and Enhancement Grant awarded to Seminole County by the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration.

19.    Approve and authorize the Chairman to execute the Seminole Community Mental Health Center, Inc. d/b/a Seminole Behavioral Healthcare Subrecipient Agreement, as shown on page , to provide services to residents of Seminole County through the Florida Department of Children and Families Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program.

20.    Approve and authorize the Chairman to execute an Agreement, as shown on page , with Safe Kids Worldwide Coalition to conform to their new standard agreement.

Budget and Fiscal Management Division

21.    Approve and authorize the Chairman to execute appropriate Resolution #2014-R-105, as shown on page

      , implementing Budget Amendment Request (BAR)

#14-052, in the amount of $67,335, to reduce the Adult Drug Court Grant carryforward from FY 2012/13 to FY 2013/14 to $74,234 of the Adult Drug Court grant total.


 

 

22.    Approve and authorize the Chairman to execute appropriate Resolution #2014-R-106, as shown on page

      , implementing Budget Amendment Request (BAR)

#14-070 through the Neighborhood Stabilization Grant Program Fund in the amount of $108,663 to appropriate program income received to further the goals of the program.

23.    Approve and authorize the Chairman to execute appropriate Resolution #2014-R-107, as shown on page

      , implementing Budget Amendment Request (BAR)

#14-071 through the Community Services Grants Fund in the amount of $227,001 for the fourth renewal of the Shelter Plus Care Grant Agreement and to reduce a portion of budget carried forward from FY 2012/13 to FY 2013/14.

24.    Approve and authorize the Chairman to execute appropriate Resolution #2014-R-108, as shown on page

      , implementing Budget Amendment Request (BAR)

#14-077 through the Libraries Designated Fund in the amount of $1,000 for the Summer Reading Program Grant Award.

25.    Approve and authorize the Chairman to execute a Resolution #2014-R-109, as shown on page  , implementing Budget Amendment Request (BAR) #14-078 through the Fire Protection Fund to establish funding in the amount of $45,729 for an operating project

#70004536, replacing Woods Truck #43’s cab and chassis and costs associated with transferring the existing Fire Suppression Skid Unit to the new truck.

26.    Approve and authorize the Chairman to execute appropriate Resolution #2014-R-110, as shown on page

      , implementing Budget Amendment Request (BAR)

#14-079, in the amount of $137,000 through the Public Safety Grants Fund to recognize and appropriate repurposed funds from the 2013 Homeland Security Grant Program for the expansion of Seminole County's interoperable communications system.

27.    Approve and authorize the Chairman to execute appropriate Resolution #2014-R-111, as shown on page

      , implementing Budget Amendment Request (BAR)

#14-080 through the Resource Management Grant (State) Fund in the amount of $400,000 to recognize and allocate grant funding for Year 1, Department of Children and Families, Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program.

28.    Approve and authorize the Chairman to execute appropriate Resolution #2014-R-112, as shown on page

      , implementing Budget Amendment Request (BAR)

#14-081 through the Fire Protection Fund for the replacement of cabinets and a range hood at fire stations #11 and #41 totaling $20,000.

29.    Approve and authorize the Chairman to execute the Satisfaction of Lien, as shown on page , as presented for certain properties for which the Oak Park/Belle Meade Wall Construction Municipal Service Benefit Unit capital improvement assessment has been paid in full.


 

 

Purchasing & Contracts Division

30.    Approve increase to SS-601897-13/BJC, Sole Source for the procurement of an interoperable communications system from MutualLink, Wallingford, CT, in the amount of $22,592 and authorize the Purchasing and Contracts Division to execute the Purchase Order(s).

31.    Approve SS-601941-14/BJC, Sole Source Procurement for the acquisition of services, repairs and calibration of field and laboratory equipment and required re- agents for field, laboratory and online equipment services with Hach Company, Loveland, CO; waive the competitive procurement process; and authorize the Purchasing and Contracts Division to issue Purchase Orders.

32.    Approve SS-601996-14/BJC, Sole Source for the purchase of SimMan 3G and related components with Laerdal Medical Corporation, Wappingers Falls, NY; waive the competitive procurement process; and authorize the Purchasing and Contracts Division to issue Purchase Orders.

33.    Award CC-9226-14/JVP, as shown on page  , Construction Services Agreement for CR 426 Safety Improvements (Division St. to SR 46) in the amount of

$3,984,413.50 to Halifax Paving, Inc. of Ormond Beach; and authorize the Purchasing and Contracts Division to execute the Agreement.

34.    Award CC-9328-14/AMM, as shown on page  , Construction Services Agreement for Central Branch Library Roof Replacement in the amount of $331,980 to Southland Rowe Roofing, Inc., Midway; and authorize the Purchasing and Contracts Division to execute the Agreement.

36.    Award RFP-601926-14/BJC, as shown on page , Insurance Brokerage Services Agreement to Arthur J. Gallagher Risk Management Services, Inc., Orlando; and authorize the Purchasing and Contracts Division to execute the Agreement.

37.    Award RFP-601929-14/TLR, as shown on page , Term Contract for Temporary Staffing Services to Howroyd Wright Employment Agency, Inc. d/b/a AppleOne Employment Services, Torrance, CA; and authorize the Purchasing and Contracts Division to execute the agreement.

 

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

 

-------

 

Request to Award RFP-9275-14, Construction Management Services Agreement for the Seminole County Sports Complex to Collage Design & Construction, Inc., Lake Mary, was presented.

Commissioner Constantine stated he doesn’t know if this is needed or if this is the time to approve this particular item; therefore, he would suggest bringing this item back at the same


 

 

time they are bringing back everything else with the complex and not approve it today.

Chairman Dallari advised the reason he requested to pull this item is he feels the staff member that has been hired as a project manager is capable of handling the position with the consultants that they have.

Commissioner Henley stated he feels this is not the proper time to enter into this agreement due to the fact that the Board received information yesterday relating to the financial issues. The Board may want to enter into the agreement later on, but right now, it is not timely.

Commissioner Carey advised that she supports moving forward with the contract because it leaves the option of having an expert for staff to refer to.

Commissioner Horan stated he feels this is a propitious time to approve the contract and get a firm on board, especially during the conceptual process. He feels approving the contract would add a lot of value.

Commissioner Carey opined that staff needs someone who can assist in engineering this project and get their cost in line. She expressed her concern that they went out into the community for an RFP based on a Board discussion and now they are considering something else. She stated approving the contract could be very beneficial and she would not want to lose the opportunity to have them. She added that if the Board does not approve the contract today, she would only want to continue it until they have the CRA.

Motion by Commissioner Horan, seconded by Commissioner Carey to Award RFP-9275-14/RTB, Construction Management Services Agreement for the Seminole County Sports Complex to Collage


 

 

Design and Construction, Inc., Lake Mary; and authorize the Purchasing and Contracts Division to execute a Master Services Agreement (MSA).

Districts 2 and 5 voted AYE.

 

Districts 1, 3, and 4 voted NAY; whereupon, the motion failed for lack of majority vote.

Motion by Commissioner Carey, seconded by Commissioner Horan to continue request to Award RFP-9275-14, Construction Services Agreement for the Seminole County Sports Complex, until the remaining CRA items are taken up.

Under discussion, Commissioner Carey stated the reason for her motion was she was under the impression the Board wanted to delay this item until the time they were dealing with the whole Sports Complex issue and they can discuss it further at that time.

Upon inquiry by Commissioner Constantine, Bryant Applegate, County Attorney, advised that he doesn’t think that a motion to continue the item now would be appropriate because the Board just voted against accepting the contract. Under the circumstances, if the Board decided at a later point that a CMR (Construction Manager at Risk) is needed, the County Attorney’s Office can inquire whether or not they can bring this issue back.

Upon inquiry by Commissioner Carey, Ray Hooper, Purchasing and Contracts Manager, advised that if the Board awards the master agreement, it basically states they may or may not use that for the future as far as the services and there is no money transfer. Upon further inquiry by Commissioner Carey, Mr. Hooper stated if they kill the motion approving the agreement today, they will need to start the process over again.


 

 

Commissioner Carey stated that by continuing this item, they will have the option to have the company on board, rather than having to start from the beginning if they left the motion denied as it is.

Mr. Hooper stated they can award it as is, with a no-money

 

transfer, and

lock in all the terms and conditions.

He advised

if the  Board

continues,  he  can work  with  Collage

Design and

 

Construction, Inc., to get some sort of an extension of their proposal in conjunction with the County’s active solicitation.

Commissioner Horan advised that he agrees with the legal opinion of Mr. Applegate that if the motion for approval is turned down, the Board can’t revive it; they have to go through the CCNA (Consultants Competitive Negotiation Act) process.

Commissioner Carey stated the budget on this project is out of line at this point and it is possible staff will need someone to help get their vision and budget together. She stated she feels that at least by continuing this item, the Board can wait until they hear the whole presentation about the complex and make an assessment. She added that there have been delays that have frustrated the Board and she thinks if they have to start over again with this item, it will be another frustrating delay.

Mr. Applegate advised that once you reject a company, there is a potential claim for damages by somebody who would want the business if they make the decision to go out again.

Commissioner Henley opined that staff does not need an outside firm to assist them with this project. He added that the School Board has built million dollar schools all over the county without hiring similar firms. He feels that the County needs to save money wherever they can or change their vision.


 

 

Commissioner Horan advised that if this particular firm gets involved right now, the amount of money that will be spent on this contract could save millions of dollars in terms of the expertise that is in the company and not in staff.

Commissioner Henley opined that they don’t need to depend on a third party to come up with what they need. He added that he thinks that the job can be done without this expenditure.

Commissioner Carey stated that approval of this item might be able to be done without expenditure. She added that if the condition was added stipulating that any work orders have to be approved by the Board, it forces all of the work orders to come back to the Board. She stated that based on the conversation she had with staff, there is a lot of work that needs to be done before anybody can move forward.

Commissioner Constantine advised he feels there is a lot of work to be done before they can consider approval of an item like this.

Commissioner  Carey  withdrew  the  motion  to  continue  Item

 

#35.  Commissioner Horan withdrew his second.  CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Motion  by  Commissioner   Carey,  seconded  by  Commissioner Horan, to authorize the following:

Clerk’s Office

38.    Approval of Expenditure Approval Lists, as shown on page   , dated March 31, April 7, 14, and 21, 2014; and Payroll Approval List, as shown on page

      , dated April 10, 2014; approval of the BCC Official Minutes dated February 4, March 25, and April 8, 2014; and Clerk's "Received and Filed"

 

1.    Change Order #3, as shown on page      , to CC- 8105-12.

 

2.    Amendment #3, as shown on page      , to Work Order #1 to RFP-7423-12.

 

3.    Amendment #2, as shown on page      , to Work Order #4 to RFP-CS01-12.


 

 

 

4.    Closeout to CC-8199, as shown on page     .

 

5.    Memo dated 3/28/14 from Tax Deed Clerk to Commission Records regarding two Tax Deeds put on Lands Available List from 3/27/14 deed sale: Parcel Nos. 12-21-29-5BD-1100-0060 and 12-21-29- 5BD-1100-0100.

 

6.    Amendment #1, as shown on page   , to Work Order #1 to PS-8047-12.

 

7.    Third Amendment, as shown on page , to RFP- 600747-09 with Science Applications International Corporation.

 

8.    Work Order #1, as shown on page , to PS- 8565-13.

 

9.    Closeout to CC-8780-13, as shown on page     .

 

10.    Closeout  to  Work  Order  #18,  as  shown  on  page

      , to RFP-7423-12.

 

11.    Change Order #1, as shown on page , to CC- 8794-13.

 

12.    Amendment #2, as shown on page   , to Work Order #45 to PS-4388-09.

 

13.    Change Order #2, as shown on page   , to Work Order #20 to CC-5075-10.

 

14.    Letter dated 3/25/14 from BCC to Jeff Gregg, Bureau Chief of Health Facility Regulation, supporting the Certificate of Need Application for the Oviedo Medical Center.

 

15.    Recorded Final Plat and Certificate of Title, as shown on page , for the  Eden  Point subdivision.

 

16.    Recorded Final Plat and Opinion of Title, as shown on page , for the Grande Oaks at Heathrow Replat (Heathrow Oaks LLC).

 

17.    Amendment #1, as shown on page   , to Work Order #65 to RFP-5465-10.

 

18.    Memo dated 3/28/14 from Traffic Engineering to County Manager regarding payment of $892.10 for the unauthorized commitment with Grimm & Associates.

 

19.    First Amendment, as shown on page    , to the SWOP Agreement with Kathleen Anderson Comprehensive Work Center, Inc., as approved by the BCC on 7/23/13.


 

 

20.    Amendment #1, as shown on page   , to Work Order #9 to PS-8186-13.

 

21.    Work Order #13, as shown on page , to PS- 8186-13.

 

22.    Work Order #59, as shown on page , to PS- 3914-08.

 

23.    IFB-601934-14, as shown on page , Term Contract with John Deere Landscapes.

 

24.    First Amendment, as shown on page , to RFP- 601793-13 with Bette Butz Realty, Inc.

 

25.    Work Order #7, as shown on page , to PS- 6658-11.

 

26.    Work Order #7, as shown on page , to PS- 6865-11.

 

27.    Amendment #1, as shown on page   , to Work Order #50 to PS-3914-08.

 

28.    Amendment #4, as shown on page   , to Work Order #39 to PS-4388-09.

 

29.    Work Order #5, as shown on page , to PS- 2404-07.

 

30.    Sixth Amendment, as shown on page , to PS- 5190-05 with CH2M Hill Engineers, Inc.

 

31.    Recorded Warranty Deed, as shown on page , granted by Fernando B. and Maria E. Polanco, Parcel No. 26-21-30-300-015A-0000.

 

32.    Recorded Mortgage Deed, as shown on page     , for Edlener James, Parcel No. 25-19-30-5AG-1108- 0070, through HOME Ownership Assistance Program.

 

33.    Amendment #1, as shown on page   , to Work Order #98 to PS-1529-06.

 

34.    Closeout to CC-9038-13, as shown on page     .

 

35.    Change Order #1, as shown on page , to CC- 9035-13.

 

36.    Amendment #2, as shown on page   , to Work Order #11 to RFP-5706-10.

 

37.    Change Order #2, as shown on page , to CC- 9035-13.

 

38.    Recorded Replat, as shown on page , for Enclave at Bear Lake, Phase 2.


 

 

39.    Recorded Addendum #1, as shown on page , to Enclave at Bear Lake Developer’s Commitment Agreement.

 

40.    Work Order #13, as shown on page , to PS- 8047-12.

 

41.    Work Order #12, as shown on page , to PS- 8186-13.

 

42.    Sixth Amendment, as shown on page , to IFB- 601114-11 with Pride Enterprises.

 

43.    Work Order #5, as shown on page , to PS- 8286-13.

 

44.    Amendment #4, as shown on page   , to Work Order #41 to PS-4388-09.

 

45.    Recorded Development Orders (Alcoholic Beverage Licenses), as shown on page , for the following: #13-27500053, Whitewood Mediterranean Grill; #12-27500026, Dot Com Court; and #13- 27500052, Avenue C (210).

 

46.    Change Order #4, as shown on page , to CC- 8501-13.

 

47.    Change Order #7, as shown on page   , to Work Order #2 to RFQ-5888-10.

 

48.    Closeouts to Work Orders #6, #9, and #11, as shown on page      , to RFP-CS01-12.

 

49.    Work Order #65, as shown on page , to PS- 4388-09.

 

50.    Amendment #4, as shown on page   , to Work Order #42 to PS-4388-09.

 

51.    First Amendment, as shown on page , to CC- 9072-13 with Black Street Enterprises, LLC.

 

52.    First Amendment, as shown on page , to CC- 9000-13 with Black Street Enterprises, LLC.

 

53.    First Amendment, as shown on page , to CC- 8805-13 with Black Street Enterprises, LLC.

 

54.    First Amendment, as shown on page , to CC- 8757-13 with Black Street Enterprises, LLC.

 

55.    Ninth Amendment, as shown on page , to RFP- 600006-06 with Cato Environmental Services, Inc.

 

56.    Work Order #11, as shown on page , to RFP- 5847-10.

 

57.

Memo  dated  4/14/14  from

Community   Services

 

Director to County Manager

regarding payment of


 

 

$1,304 for the unauthorized commitment regarding NSP with Ameriscapes.

 

58.    Amendment #2, as shown on page      , to Work Order #97 to PS-5120-02.

 

59.    Change Order #8, as shown on page      , to CC- 6877-11.

 

60.    First Amendment, as shown on page      , to PS- 9092-13 with HKS Architects, Inc.

 

61.    Work Order #14, as shown on page      , to PS- 8186-13.

 

62.    Change Order #1, as shown on page      , to CC- 9000-13.

 

63.    Parks Contracts for  Services, as shown on  page

      , with the following:  Mark Tummins, Ryan Shipman, Arthur Barnes and Manfred Schwarz.

 

64.  Bids as follows:  RFP-601929-14, CC-9170-13, CC-

9218-14, and CC-9328-14.

 

-------

 

Motion  by  Commissioner   Carey,  seconded  by  Commissioner Horan, to authorize the following:

Sheriff’s Office

39.    Approve contribution of $6,000 from the Sheriff’s Law Enforcement Trust fund to provide funding in support of “Project Graduation 2014,” an alcohol and drug- free celebration for Seminole County high schools on graduation night.

40.    Approve expenditure of $2,500 from the Law Enforcement Trust Fund for a contribution to the Seminole County NAACP to provide funding in support of their youth crime prevention and education programs.

41.    Approve contribution of $3,000 from the Law Enforcement Trust Fund to provide funding in support of the “Common Sense Parenting” program administered by Boys Town of Central Florida.

42.    Approve expenditure of $3,000 from the Law Enforcement Trust Fund to provide for a contribution to the Boys and Girls Clubs of Central Florida.

42A. Approval for the Sheriff’s Office to execute and submit a Grant Application to the U.S. Department of Justice, FY 2014 Edward Byrne Memorial/Justice Assistance Grant (JAG) program and authorize the Sheriff to sign future documents relating to the grant.

 

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


 

 

REGULAR AGENDA

 

Chairman Dallari advised that the Conceptual Plan Presentation for the proposed Sports Complex was pulled from the agenda.

COUNTY MANAGER AND STAFF BRIEFINGS

 

No report.

 

COUNTY ATTORNEY’S REPORT

 

No report.

 

-------

 

The   Chairman  recessed   the   meeting  at   10:39  a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with  the  exception  of  Clerk of  the  Court Maryanne Morse, who  was replaced by Chief Deputy Clerk Bruce    McMenemy (who was late), and 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 Carey, seconded by Commissioner Henley to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

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

 

PUBLIC HEARINGS

 

Nevada Avenue Vacate/Sanders

 

Proof of publication, as shown on page       , calling for a public hearing to consider request to vacate and abandon a portion of the public right-of-way known as the north half of Nevada Avenue lying south of Lots 1 through 6, Block 10, Sanford Farms, as recorded in Plat Book 1, Pages 127-128, Public Records of Seminole County, for property located on the east side of


 

 

Orange Boulevard, approximately one mile north of West SR 46, Jerry & Sandra Sanders, received and filed.

Joy Giles, Development Services, addressed the Board to present the request. She stated the applicant is proposing to construct a single-family residential development. The applicable utility companies have no objections to the request. Staff recommends approval of the request.

It was determined that neither the applicant nor his representative were in attendance.

No one spoke in support or in opposition.

 

District Commissioner Carey indicated that she does not have any ex parte communications for this item.

Motion by Commissioner Carey, seconded by Commissioner Horan to adopt appropriate Resolution #2014-R-113, as shown on page , vacating and abandoning a portion of the public right-of-way known as the north half of Nevada Avenue lying south of Lots 1 through 6, Block 10, Sanford Farms, as recorded in Plat Book 1, Pages 127-128, Public Records of Seminole County, for property located on the east side of Orange Boulevard, approximately one mile north of West SR 46, as described in the proof of publication, Jerry & Sandra Sanders.

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

 

I-4 INDUSTRIAL PARK REZONE/

Space Port U.S.A./Hickman

 

Proof of publication, as shown on page       , calling for a public hearing to consider request to Rezone from M-1A (Very Light Industrial) and C-3 (General Commercial and Wholesale) to M-1 (Industrial) for 35.42 acres, located on the east side of Hickman Drive, west side of North Elder Road and approximately one-quarter mile north of West SR 46, Space Port

U.S.A. and Andre Hickman, received and filed.


 

 

Cynthia Sweet, Development Services, addressed the Board to state the purpose of the applicant’s request is to accommodate future development that is consistent with the permitted uses under the M-1 zoning classification. The M-1 zoning district includes all the uses allowed under the M-1A (Very Light Industrial) zoning district as well as the uses allowed under the C-3 (General Commercial and Wholesale) zoning district, except those permitted uses in CN (Restricted Neighborhood Commercial District) those uses permitted in CS (Convenience Commercial District) and pain management clinics. The existing subdivision improvements for the industrial park have been completed. At the time of site development on individual lots, each lot will require site plan approval that meets all of the requirements of the Land Development Code (LDC). The proposed rezone is compatible with the surrounding properties Future Land Use and zoning designations. The Planning & Zoning Commission (P&Z) recommended approval of the request. Staff is recommending approval of the request.

Andre Hickman, Space Port U.S.A. President, addressed the Board to review some of the background of the property. The 35 industrial lots are fully developed with roads, sewer and water in place. He stated he feels that the rezone would give them a better opportunity to land some warehouse tenants. Due to the lot sizes, they are targeting 5,000 square feet to 25,000 square feet for warehouse users.

Commissioner Henley disclosed that he briefly met with Sid Vihlen relating to this item.

Commissioner Carey stated M-1A zoning classification allows for medical clinics and C-3 allows pain management clinics, and she feels that those would not be seen in a typical warehouse or


 

 

industrial park. Upon inquiry by Commissioner Carey, Mr. Hickman advised that he would not have an issue with requesting that those be non-approved uses.

Chairman Dallari indicated he also had some ex parte communication with Sid Vihlen. Commissioner Horan stated he had the same ex parte communications.

No one spoke in support or in opposition.

 

District Commissioner Carey disclosed ex parte communications with Sid Vihlen and Mr. Hickman.

Motion by Commissioner Carey, seconded by Commissioner Henley to adopt Ordinance #2014-22, as shown on page  , enacting a Rezone from M-1A (Very Light Industrial) and C-3 (General Commercial and Wholesale) to M-1 (Industrial) for 35.42 acres, located on the east side of Hickman Drive, west side of North Elder Road and approximately one-quarter mile north of West SR 46, as described in the proof of publication, Space Port

U.S.A. and Andre Hickman, excluding “Medical Clinics-out-patient services only” on Page 1812 (Item t); and “Pain Management Clinics” on Page 1814 (Item v).”

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

 

CROSS-CONNECTION CONTROL PROGRAM

 

Proof of publication, as shown on page       , calling for a public hearing to consider an Ordinance amending Chapter

270 of the Seminole County Code adding Part II, Seminole County Cross-Connection Control Program, received and filed.

Gary Rudolph, Environmental Services Utilities Operation Manager, addressed the Board to advise this section of the Code was inadvertently deleted when changes were made to the Land Development Code, Appendix F, as the Engineering Manuals were created.   The County is required to have a written Cross-


 

 

Connection Control Plan per the Florida Department of Environmental Protection (DEP) Rule #62-555.360. A copy of updated rule was received and filed. He said this ordinance will continue to ensure the integrity of the potable water systems provided to County customers. He reviewed the following changes:  (1) Division name was changed to Utilities Operations;

(2)  Clarified inspection of residential customers with reclaimed water to every three years and commercial/industrial to annual inspections; (3) Testing was clarified where the County does residential testing and repair, but does not replace the customer’s assembly if unrepairable; (4) Clarified assemblies and devices; (5) Updated the definition of the reduced pressure zone backflow assembly; and (6) Updated the four drawings attached to the ordinance. The Development Advisory Board (DAB) has reviewed the ordinance and accepts same as proposed. Staff recommends approval of the request.

Upon inquiry by Commissioner Carey, Mr. Rudolph advised Volusia County is very weak in their Cross-Connection Control Program.  That means, they do sanitary surveys and if they find a cross connection, they disconnect it from where the cross connection is located from their system. Upon inquiry by Chairman Dallari, Mr. Rudolph advised that if Volusia County comes across a cross connection, they disconnect it from their system at the cross connection until it is repaired. Volusia County does not require assemblies or devices on residential. Upon further inquiry by Commissioner Carey, Mr. Rudolph advised it is a requirement from the Florida Department of Environmental Protection (FDEP) and he cannot explain why Volusia County doesn’t do the cross connection. He stated the one concern that staff has is potable water intermixing with reclaimed water.


 

 

Ray Figueroa, 4922 Fawn Ridge Place, addressed the Board to state he strongly opposes the enforcement of the cross- contamination control program. He stated he feels  this continues to be an unjust and duplicate effort placed upon residents of Seminole County. He submitted a packet (received and filed) explaining why the current Code does not protect the drinking water supply; why his irrigation systems meet the Code; why the current Code imposes unnecessary burden on the citizens; and to ask the Board to protect the drinking water supply.

Chief Deputy Clerk Bruce McMenemy entered the meeting at this time.

Mr. Figueroa explained when he became aware of the Cross- Contamination Control Program and having to install a backflow prevention assembly at his residence, he designed an irrigation system that meets the Code for his investment properties. He received a notice of violation for his irrigation system at his Lake Mary investment property and not for his other investment properties. He asked the Board to develop a program that is rational with the cost not being such a burden to the residents.

Mr. Rudolph stated staff has completed surveys across the county in excess of 25,000 properties and they are working on getting 9,000 into compliance. He stated he is under the assumption that Mr. Figueroa’s properties are on that list. He displayed and reviewed a chart (not received and filed) of other utilities requirements in Central Florida not having this type of program. He explained the difference between what the County does, what the industries do for cross-connection control, and what Mr. Figueroa is requesting.

Mr. Rudolph displayed page 10 (Unjust Enforcement of Residential BFPA’s Installation Requirement) of Mr. Figueroa’s


 

 

handout   and  explained  what   the   County   requires   on  the residential meters and irrigation systems.

Commissioner Carey stated if the Building Code allows for an AVB as well as other counties, she doesn’t understand why Seminole County wouldn’t allow that as long as it is in the Florida State Building Code as an option. Mr. Rudolph stated these are non-testable devices and staff will not know whether they are or are not working. The County tests those on an annual basis to make sure the systems are working properly. The County’s system had a 26% failure rate last year. If there are systems that cannot be tested, the odds are they are going to turn into pieces of pipe, and when there is a back-siphon event, material will be pulled back into the distribution system.

Commissioner Carey stated she would like to know if the County is giving the citizens the most options that are reasonable. She stated if they are using an AVB, there is one for every zone and if it is a problem, why would the Florida Building Code allow it. She suggested having the Building Official weigh in on this.

Mr. Rudolph explained for Commissioner Horan what failure rate means. Commissioner Horan stated the DEP regulations require inspections once every two years and the County requires it every year. He said he is trying to get a grasp on what the real public health danger is so that he can make sure the right amount of regulation that costs the right amount addresses the public health issue. Mr. Rudolph explained for Commissioner Horan why the devices were not working properly.

Upon inquiry by Commissioner Horan, Mr. Rudolph advised the cost to get the devices inspected is part of the rate structure. He stated the County is doing the testing and repairs, but they


 

 

do not replace the unit.  He stated he feels there would be an increased public health risk if they inspect every two years.

Commissioner Constantine stated the Building Code is the minimum standard required. Local governments are allowed to increase those standards and are encouraged to do so. When they increase it, it is reviewed by the Florida Building Commission (FBC). The FBC changes the Code every three years and they are currently in that process for the 2013 Code. He stated he applauds the staff for bringing forth this recommendation of protecting the waterways and the citizens.

Upon inquiry by Commissioner Carey, Mr. Rudolph advised the County has 35,000 customers and staff inspects 22,000+ devices annually. The difference of the remaining customers do not have or have the wrong devices and are in the process of being brought up to code. Everyone does not have an irrigation system. Upon further inquiry by Commissioner Carey, Mr. Rudolph advised the 5,700 that are failing are being repaired on site. He stated DEP rules allow the devices to be tested every two years. He stated they allow dual-check valves for added protection on the meters.

No one else spoke in support or in opposition.

 

Motion by Commissioner Constantine, seconded by Commissioner Henley to adopt Ordinance #2014-23, as shown on page    , amending Chapter 270 of the Seminole County Code adding Part II, Seminole County Cross-Connection Control Program, as described in the proof of publication.

Under discussion and upon inquiry by Commissioner Carey, Mr. Rudolph advised the FDEP does not allow AVB. He read the definition of the FDEP rules for dual-check valves for residential and the rule for irrigation.


 

 

Commissioner Constantine stated there will be some inconsistencies in the law and the Florida Building Commission has found the inconsistencies over the years and they are trying to improve them. The residents of Seminole County live in an area with springs and their devices should have a higher standard.

Upon inquiry by Chairman Dallari, Mr. Rudolph advised he feels this is time sensitive as the County does not have a code at this time and they are trying to maintain compliance that expected by FDEP. Chairman Dallari stated he would like to have it clearly spelled out so that staff and residents will understand what the FDEP requires and what the Building Department requires. He added he would like to continue this item to the next meeting in June.

Commissioner Henley stated this item is not changing the content, but the location in the Code. Upon inquiry by Commissioner Henley, Bryant Applegate, County Attorney, advised the ordinance was advertised by title and that was sufficient notice. Upon inquiry by Mr. Applegate, Andy Neff, Environmental Services Director, advised if staff discovers a violation, a notice is sent to the resident or the person responsible. It is followed up by a second notice and eventually, if they do not comply, it will go to the Code Enforcement Board for action. The FDEP rule requires action be taken which requires a fine table with the Code Enforcement Board.

Commissioner Henley stated where health is concerned, he would prefer to err on the side of caution.

Commissioner Carey stated she hopes that the Building Department requires that when there is new construction with an irrigation system, they install an RPZ system as part of it.


 

 

Mr. Rudolph stated the FDEP would require it depending on if there is back pressure or not a pressure vacuum breaker. That is the least expensive and provides the level of service that is needed. Staff works closely with the FDEP on all new construction.

Commissioner Carey stated her questions have been answered relative to the FDEP requirements.

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

 

FY 13/14 MID-YEAR BUDGET

 

Proof of publication, as shown on page       , calling for a public hearing to consider the FY 2013/14 Mid-Year Budget Amendment Resolution, received and filed.

Karen Huffman, Resource Management, addressed the Board to request approval of the FY 2013/14 Mid-Year Budget. She stated this adjustment is to true-up what staff had projected and budgeted as beginning fund balance for the current fiscal year to the actual amount available for disbursements on October 1, 2013. A reconciliation of the actual amount available to the amount reported in the Comprehensive Annual Financial Report (CAFR) as net position is included in the backup. The current amount budgeted as beginning fund balance is approximately $458 million. The actual amount available at the closing of the books was approximately $466 million. Thus the mid-year adjustment to beginning fund balance budget is approximately $8 million, which is a 1.7% increase in funds available.

Ms. Huffman referred to the Executive Summary and explained how the $8 million adjustment will be allocated, and briefly reviewed an overview of the funds that are incurring the most significant true-up adjustments, along with a recap of the


 

 

schedule  of  detail-by-fund   adjustments,   and  what  the  funds’ adjusted reserves or contingency budget will be.

At the request of Commissioner Carey, Ms. Huffman explained why there was a reduction in the Fire Protection Fund.

Commissioner Carey stated the reason she brought this up is when they go into the next budget year, they made some adjustments to the management plan of how overtime is scheduled and they continue to have more overtime than anticipated. That is causing issues in the Fire Protection Fund. She stated she feels they need to get a handle on the overtime process as it is continuing to be a problem. She stated the  Board  gave management the latitude to make changes that they thought would help solve this situation. They still have a problem in this fund and they need to figure out a solution.

Chairman Dallari stated one issue is the actual percentage of collectability and another issue is whether they are charging the right fee for transport.

Commissioner Henley asked when the Board will receive a report on the first response as to how many calls are made into the city versus how many the cities are making calls into the county. Chairman Dallari stated the Board should be receiving that sometime in June as well as the drop-off time  for paramedics dropping patients to the hospitals. Commissioner Carey requested staff to submit that report before they get too far in the budget process in order to help them make intelligent decisions.

No one spoke in support or in opposition.

 

Motion by Commissioner Horan, seconded by Commissioner Henley to adopt appropriate Resolution #2014-R-114, as shown on


 

 

page         ,  approving the FY  2013/14 Mid-Year Budget, as described in the proof of publication.

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

 

LEGISLATIVE UPDATE

 

Nicole Guillet, Acting County Manager, stated staff is preparing a comprehensive report of what passed and what did not pass. She stated the “springs” bill did not pass and staff is expecting that there will be a water policy in next year’s Legislative Session. The Expressway Authority Bill passed allowing a nine-member board, and the membership will consist of the Mayor of Orlando, Mayor of Orange County, an appointment from Lake, Osceola, and Seminole Counties, and an appointment from the Mayor of Orange County. The Governor will also appoint three members from Orange, Lake, Osceola or Seminole Counties.

Upon inquiry by Commissioner Henley, Ms. Guillet advised Osceola County will become a member immediately, but do not have to shift their road programs until 2018.

Ms. Guillet stated the Environmental Bill would have had a significant impact on Seminole County but did not pass. The Transportation Concurrency Bill prohibits imposition of concurrency and impact fees on nonresidential structures that are less than 6,000 square feet. That prohibition can be overcome by a simple majority of the Board.

Upon inquiry by Chairman Dallari, Bryant Applegate, County Attorney, advised that he has no update on the DJJ issue.

Commissioner Horan stated he and Commissioner Carey had an opportunity to discuss the DJJ issue with Governor Scott. He stated he and Commissioner Constantine learned that this is basically a budget problem and they need to get a specific bill in the Governor’s budget by November.


 

 

Commissioner Constantine stated the new  Appropriations Chair will be appointed this summer and the County can contact them at that time. He stated it is important that the Governor recognize it as an issue that needs to be resolved. Then, they can work with the two Appropriations Chairs as well as the leaders of the Legislature.

Commissioner Horan stated Representative Christopher Farley and Senator Gardner expressed an interest in resolving the transportation-disabled issue on Medicaid Managed Care. The County may get better traction on that particular issue during the next legislature. He stated the phenomenon experienced with TD Transportation on Managed Care transition is related to the Department of Health (DOH). The DOH is required to contract with the managed care companies regarding citizens being covered under Medicaid.  Their average pay per unit was reduced from

$177 to $66. He informed the Board that the DOH will probably be coming to the County to ask them to make up the difference.  CHAIRMAN’S REPORT

Chairman Dallari submitted a copy of a letter (received and filed) referencing an updated list of Seminole County representatives to the MetroPlan Orlando Transportation Technical Committee. Upon inquiry by Commissioner  Carey, Chairman Dallari advised this recommendation is a result of Development Services employee, Dick Boyer, retiring.

Motion by Commissioner Carey, seconded by Commissioner Horan to authorize the Chairman to execute a letter, as shown on page   ,  to  MetroPlan  Orlando  updating  the  list  of Seminole County representatives to the MetroPlan Orlando Transportation Technical Committee, effective May 13, 2014.

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


 

 

COMMUNICATIONS AND/OR REPORTS

 

The following Communications and/or Reports were received and filed:

1.      Copy of letter dated April 22, 2014, from Chairman Robert Dallari to Larry Dale, Sanford Airport Authority, RE: Land Exchange with Sanford Airport Authority.

 

2.      Letter with attachment dated April 22, 2014, from Kevin Moss, Florida Department of Transportation, to Seminole County Property Owners RE: Notice of construction plans for the construction of SR 426 from east of River Oaks Circle to east of Orange Blvd. in Seminole County.

 

3.      Letter dated March 26, 2014, from Marva Johnson, Bright House Networks, to Chairman Robert Dallari RE: Upcoming programming changes to Bright House Networks customers.

 

4.      Notice of Public Hearing received April 24, 2014, from City of Lake Mary RE: Rezoning of A-1, (Agriculture), to RCE, (Rural Country Estates), for a 13.22+/- acre property located at the southeast corner of W. Lake Mary Blvd. and Stillwater Lane.

 

5.      Letter dated April 24, 2014, from Larisa Perry, Wells Fargo Bank, to Chairman Robert Dallari RE: Wells Fargo’s support of the volunteer efforts of their team members.

 

6.      Memorandum with attachment dated May 5, 2014, from Linda Langston, NACo, to County Board Chairpersons, Parish Presidents, Borough Mayors, County Judges, elected County Executives and County Clerks,  RE: Voting Credentials 2014 Annual Conference

 

7.      Notice of Community Meeting received May 8, 2014, from Orange County Government RE: Rezoning RZ-14-04-011.

 

8.      Notice of Public Hearing Postponement received May 12, 2014, from City of Lake Mary RE: Rezoning of A-1, (Agriculture), to RCE, (Rural Country Estates), for a 13.22+/- acre property located at the southeast corner of W. Lake Mary Blvd. and Stillwater Lane.

 

DISTRICT COMMISSIONERS’/COMMITTEE REPORTS

 

Motion by Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution #2014-R-115, as shown on page , appointing Robert Turnage to the Historical Commission to fill the unexpired term ending January 2015; and, adopt appropriate Resolution #2014-R-116, as shown on page


 

 

        , of Appreciation commending Jon Batman for his services on the Historical Commission.

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

 

-------

 

Commissioner Carey stated Governor Scott attended the Verizon Grand Opening ribbon cutting on April 25, 2014. She stated Verizon built a $50 million building and they are providing 750 jobs. Verizon also announced that there will be an additional 350 jobs coming to that facility.

-------

 

Commissioner Carey stated she attended, along with her grandson, the SunRail Grand Opening on April 30. She said Sanford Mayor Jeff Triplett attended as well along with his son. She stated it was a great experience and it is great to see that the ridership has far exceeded their expectation.

-------

 

Commissioner Carey stated she met with the Markham Woods Homeowners Association on May 6, 2014 relative to the bear-proof garbage container program and many people have signed up for it. A safety flyer will be sent to the homeowners around the end of this month. She stated the Markham Woods Homeowners Association discussed express lanes being added at E.E. Williamson and that was not very well received by the community. She said she has asked staff to look at the intersection on Markham Woods Road and SR 434 to see if they can do a few things to the median as well as possibly opening up that area a little.

-------

 

Commissioner Carey submitted a copy of a letter (received and filed) of commitment from the Florida Wildlife Commission (FWC) relating to the $20,000 grant.  She stated the FWC will


 

 

not receive those funds until July and she asked them to put in writing that they have awarded Seminole County those funds and it will come to them at a later date.

-------

 

Commissioner Carey stated the first quarter of the County’s Wellness Program had great success. They had a program called “Weigh Better Olympics” and 128 employees participated and they lost over 780 pounds. Also, 51% of the participants were detoxed from sugar and it was great to see that a lot of the employees are embracing the program and taking their health seriously.

-------

 

Commissioner Carey announced that Judge Ken Leffler passed away on Saturday, May 10, 2014, and the viewing will be held on May 14, 2014 from 10:00 a.m. to 12:00 p.m. at the Collison Family Funeral Home on SR 434, followed by a graveside ceremony at 1:00 p.m. at Lakeview Cemetery.

Motion by Commissioner Carey, seconded by Commissioner Horan to fly the flag at the Civil Courthouse at half-staff in recognition of the Honorable Ken Leffler.

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

 

-------

 

Commissioner Carey reminded everyone of the City of Sanford’s Memorial Day parade at 10:00 a.m. on First Street and a Remembrance Ceremony at the Veteran’s Memorial Park at 11:00 a.m.

-------

 

Commissioner Horan stated at the last MetroPlan Transportation Disabled Coordinating Board meeting, it was decided that he and Commissioner Boyd would arrange a meeting


 

 

with Senator Gardiner regarding the issues he brought up previously. He stated they will have a measured mile in the other regions where Managed Care is already being transitioned. The other regions start May 1 and the County doesn’t start until August 1.

-------

 

Commissioner Horan stated he e-mailed information to the Board relating to how constituents can deal with communication transitions. He added a task force will be set up per the suggestion of Chairman Dallari.

Chairman Dallari stated there will be a standing item on the MetroPlan agenda from here on out until they feel that it is no longer needed. A task force will be set up of elected officials and citizens to inform people and to try to put a plan together. This issue will be brought before the State lobbyist as well.

Commissioner Carey stated she feels they need to look at issues where the Transportation Disabled (TD) travelers are having to take an extra effort getting on the SunRail train. She stated she feels that there could be a situation where the TD traveler couldn’t get on the train.

-------

 

Commissioner Horan stated the Redevelopment Planning Agency (RPA) of the 17-92 CRA met on May 1 and they were focusing on the work session presentation that will be presented to the BCC in June. He stated the RPA will be discussing issues relating to sunsetting the CRA, how much of the funds that  they anticipate will be left, how that works into the master plans, the budget, and the capital improvement plans.

-------


 

 

Commissioner Horan stated he participated in the SunRail opening and he was very impressed. Obviously, people want to the ride the SunRail and they must make it work.

-------

 

Commissioner Horan stated he would like to give a shout-out to the Steinway Society in which the Helping Hands in Oviedo assists them. The Society is a wonderful organization who sponsored pianos to deserving students. The Society held a recital in which students play the piano and it is hosted by Bob Fryer, Jackie Jones and Carol Stein.

-------

 

Commissioner Constantine stated he was honored to attend the SunRail Grand Opening and he and other people were very excited riding it. He stated he was accompanied by a second grader from English Estates and she taped the entire ride with her laptop. He added a photographer from a news journal took a picture of her reflection in the window and a picture from her laptop, and it was an unbelievably beautiful picture.

-------

 

Commissioner Constantine announced that Ed Zito’s wife “Fern” passed away this past week. Her visitation is tonight from 5:00 p.m. to 8:00 p.m. at the Baldwin West Altamonte. The funeral will be held tomorrow in Umatilla.

-------

 

Commissioner Constantine stated he will be speaking at the community meeting in Spring Oaks relating to the One-Cent Sales Tax.

-------

 

Commissioner Constantine stated he will be participating in the 29th annual Charity Challenge on Saturday, May 17, 2014.  He


 

 

stated all volunteer organizations have raised more than $5.2 million.

-------

 

Commissioner Constantine congratulated Lyman High School Volleyball Team for winning the State championship last year. Over the last two years they came into the finals with 53-0, and unfortunately, they lost in the finals this year.

-------

 

Motion by Commissioner Constantine, seconded by Commissioner Henley to adopt appropriate Resolution #2014-R-117, as shown on page , appointing Jim Buck to the Parks and Preservation Advisory Committee; and adopt  appropriate Resolution #2014-R-118, as  shown  on  page  ,  of Appreciation commending Bob Goff for his services on the Parks and Preservation Advisory Committee.

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

 

COUNTY MANAGER’S REPORT

 

No Report.

 

COUNTY ATTORNEY’S REPORT

 

Bryant Applegate, County Attorney, stated his office has started training all of the advisory boards and quasi-judicial boards on public records, sunshine and ethics. He stated since there are a lot of new members on the various boards, his office will take time to go over the duties and responsibilities for each of the boards.

Upon inquiry by Chairman Dallari, Mr. Applegate advised he believes the Legislation is requiring that all municipality officials have to take the training as well. He stated the Representatives and State Senators have their own training


 

 

requirements  and  do  not  have  any  rules for  training  in  the legislation.

Commissioner Carey recommended having the P&Z Commission and Board of Adjustment take the online ethics course. Chairman Dallari stated he feels it would be more appropriate for the County Attorney’s office to give in-house classes to those boards.

ITEMS FOR FUTURE AGENDA

 

Ray Figueroa, 4922 Fawn Ridge Place, stated the issue with the valve (Cross-Connection Control Program) is not so much that he doesn’t want to protect the drinking water, it is the inconsistency that the dual valve cannot be tested and has never been replaced. A study that was done by a Southern California firm indicates that of the 188 homes tested, 9.4 had issues with their toilets. He stated he would like to know if the Utilities Department ever tested the toilets. He added the County is implementing a code similar to a security system of only having 50% of the airports with security. It is not a legitimate method of protecting the water system and it is at a cost to the residents. He stated he doesn’t want it to end here and he would like the Board’s advice how he can take this to the next level until the two devices are of equal cost and of equal protection. He said he doesn’t know who decided that the sprinkler system is a higher risk than the toilets and other devices in homes. He concluded he feels his system meets the requirements, and he doesn’t see why he should have to spend

$500 for the installation as it is outrageous.

 

Upon inquiry by Chairman Dallari, Mr. Applegate stated he and staff will meet with Mr. Figueroa to see what will be his next step.


 

 

Upon inquiry by Commissioner Carey, Mr. Figueroa clarified he was given an estimate for the installation and it wasn’t necessarily one of the County’s vendors.

Chairman Dallari clarified that part of the problem is there is a difference between the DEP statute and the statute of the Florida Building Code.

-------

 

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:57 p.m., this same date.

 

 

 

 

ATTEST:                      Clerk                    Chairman el/er