BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 10, 2013
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, September 10, 2013,
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 John Horan (District 2)
Commissioner
Lee Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Commissioner
Brenda Carey (District 5)
Clerk
of Court Maryanne Morse (late)
County
Manager James Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Terri Porter
Major Tim Roberts, Salvation Army, Sanford, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Tom Bartol, St. Johns River Water Management District (SJRWMD),
addressed the Board to present the Central Florida Water Initiative (CFWI). He stated he represents those that have put
together the CFWI including water suppliers, water management districts, the
Department of Environmental Protection, the Department of Agriculture, the
utilities and their consultants. He
explained that the CFWI is a collaborative water supply planning effort to
protect, develop, conserve and restore Central Florida’s water resources.
Mr.
Bartol displayed a PowerPoint presentation and discussed a map depicting the
geographic area of the CFWI, which is a five-county area including south Lake,
Polk, Osceola, Orange and Seminole Counties and a confluence of the three large
water management districts in the Greater Orlando area. It encompasses an area of over 5,000 square
miles and currently serves 2.7 million people.
Mr.
Bartol reviewed CFWI Governance consisting of committees and technical
teams. He explained this is a “never-before-done”
three-district water supply plan for this CFWI area.
Mr.
Bartol covered “What Are the Challenges?” and “How Are They Addressing the
Challenges?” He displayed a bar graph
called Water Use – All Classes which shows historical and projected water
use. Current water use throughout the
CFWI area is 800 million gallons per day (mgd) and their planning projections
go up to 1.1 billion gallons per day over the next 20 years.
Mr.
Bartol explained the Regional Water Supply Plan (RWSP) and explained in regard
to population, they project through statistics from the University of Florida,
4.1 million people in 2035 for the CFWI area.
He discussed RWSP Water Resource Evaluation and stated they provide
solutions and opportunities for funding in the plan to be updated every five
years. He stated they take future
demands and put that into the groundwater model. They see aquifer levels lowering and by
themselves they are not a concern, but when they start to affect the water
resources including the springs, the lakes, the wetlands, and the river
systems, they have concerns about the water resources and future demand.
Mr.
Bartol then displayed RWSP Groundwater Availability Measuring Sticks and
Findings from Groundwater Availability Evaluation. He reviewed the Primary Areas Susceptible to
Groundwater Withdrawals map stating these are areas that have sensitive
resources. Mr. Bartol then discussed
CFWI Planning Level Groundwater Availability Estimates and explained that the
sustainable level of traditional groundwater sources available for water supply
without causing unacceptable harm to water resources and associated natural
systems is 50 mgd greater than the current water use. He further explained that they are required
in their plan to come up with new water supply options.
Maryanne
Morse, Clerk of the Circuit Court, entered the meeting at this time.
Mr.
Bartol covered RWSP Water Supply Options, Linking Land Use with Water Supply
Planning, Importance for Local Involvement, and the Public Involvement
Schedule.
Mr.
Bartol concluded his presentation stating the next phase is the Solutions Phase
and there are two members from Seminole County on the solutions planning team.
Commissioner
Henley wondered how much contact, if any, had been made with the staff of their
congressional delegations to attempt them to be involved from the word go, not
from the time they go to them for aid. He
stated the Federal government has been subsidizing water out west for hundreds
of years. Seminole County has been
working quite some time for alternative water sources. He said he believes it is time to begin to
think about some assistance from the Federal government. They have a plant sitting there, but getting
water from that source out to where it is needed is going to be a tremendously
expensive undertaking.
Commissioner
Henley stated it also concerns him that they continue to allow private bottling
businesses to draw millions of gallons of water out of the aquifer, which is
putting a strain on the water supply, and he doesn’t see how they can continue
to allow those companies to continue this for profit and force the taxpayers to
have to ante up to come up with a solution.
Commissioner
Henley added that he hopes SJRWMD will stop buying up land and taking it off
the tax roll; keeping some of that in the budget would help them to make the
connectivity they need.
Mr.
Bartol advised the staffers of the congressional representatives are aware of the
effort and they are also looking at State and Federal funding to meet some of
these project needs in the future. He
said they believe there is an opportunity for State funding, and there are water
resource programs from the Federal government and they will be working at
that. Also, they will be looking at a
regulatory program. He stated their objective
is to protect existing users and the infrastructure that has already been built
and paid for or bonded out, and they will have to look hard at new water uses.
Commissioner
Constantine opined that saying 800 mgd withdrawn from the aquifer doesn’t cause
damage is not necessarily true; 850 mgd of water would just exacerbate the
situation. Unfortunately, they have been
withdrawing far too much from the aquifer over the years without finding ways
to, in a broad sense, put back into the aquifer, and it has affected the flows
of many of the rivers and streams, etc. He
said the other part that concerns him is the fact that they have cheap water
here in Florida and they use more water per person than most.
Commissioner
Constantine said they have not had a real comprehensive look at the consumptive
use permits that have already been awarded, both the length and the
amount. Many aren’t using as much as
they have the availability to, but at the same time they have gotten that water
and the consumptive use permit committed for 10, 20, or 30 years, so they are
good but everybody else has to find new water.
He said they really need to take a hard look at those permits as to what
they are going to do for the future.
Commissioner
Carey stated she is thankful that the County Commissioners before her had the
foresight to plan well for water with the Yankee Lake purchase; with the plans
to develop that into a state-of-the-art facility. She believes they have done an excellent job
here in the County of conservation as well as planning for the future.
Commissioner
Carey said the biggest issue she sees is going to be transmission. As roads and trails continue to be built, she
has not heard anyone talking about getting an easement to put a line in those
locations so they can transmit water from one place to the other. And if they continue to not request easements
for that type of action, then they will need to purchase it, which is going to
make the proposition a lot more expensive.
So even though they have the potential for a regional facility, getting
the water where it needs to go is going to be the challenge. She said she feels they need to focus on that
and as developments come forward, to ask for those right-of-ways and easements,
even if they don’t use them for 10 or 20 years, which they ended up doing with
the Wekiva Parkway, as an example. They
need to think about that on a regular basis with every project; not just in
this County, but in all the counties in the region. She stated they need to keep the Planning Division
in mind going forward because every time a project comes in, that needs to be
something that is considered.
Commissioner
Horan questioned what is meant by the term used in the presentation of “unacceptable
harm.” Mr. Bartol explained they use a
term called “measuring sticks” to try to determine what is an acceptable
environmental change or not acceptable. They
have major concern about Wekiva Springs because they are very close there but
believe they have not stepped over that.
Another factor they look at, for example, is too much pumping can cause saltwater
to come up from under the freshwater aquifer.
The thing that is driving this analysis is minimum flows and levels that
have been adopted by the governing boards in things such as lakes and springs.
Commissioner
Horan stated he thinks it is very important for the credibility of the
regulators that there is one defined system; that they have identifiable
metrics; that everybody understands exactly what the harm is and what the
effect is. Upon inquiry, Commissioner
Horan was informed that Chairman Dallari and Andy Neff, Environmental Services
Director, are on the Solutions Committee.
Commissioner Horan opined that this is a great initiative.
Chairman
Dallari thanked Mr. Bartol and his staff.
He stated their input has always been very valuable, not just to
Seminole County, but to the entire region.
He said this is the first time that three water management districts are
coming together to do a project like this and it is not an easy
undertaking.
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Valmarie Turner, Community Services Director, addressed the
Board to present an update on homelessness in Seminole County. She introduced Pastor John Murphy, Harvest
Time International (HTI), and Stacy McKenna, Case Management Supervisor for HTI,
as well as Shirley Boyce, Seminole County’s representative for the program. She advised the plan was to return to the
Board at 6, 12 and 18 months, and this is the 6-month report.
Ms. Turner displayed and reviewed the PowerPoint presentation
beginning with a Summary of the Seminole County Homeless Prevention Program
(SCHP) that was launched on January 22, 2013.
She stated that 613 applications have been received as of July 31: 41 families have been housed and 40 of those
received utility assistance; 31 households have been approved and are pending
permanent housing, 27 of which have been placed into hotels with emergency
housing vouchers; 28 households are currently working through the process; and
298 have been denied for various reasons such as being over income or they were
not homeless. An additional 215 families
are on the waiting list. She then showed
the breakdown of SCHP Households using a pie chart.
Ms. Turner discussed the Funding chart detailing total funds
expended of $166,000: $80,000 for rental
and deposits; $9,000 for utility assistance; $11,000 for the emergency housing
voucher program; and $66,000 for case management. She added they have encumbered $225,000 just
in the rental department.
Ms. Turner covered Compliance Monitoring and Training Funds
stating they have not expended any dollars in relation to the training funds
that were set aside, and she reviewed the concerns and possible solutions to
that. She advised they will be working
with HTI and other non-profits to get those training dollars expended.
Ms. Turner concluded her presentation by reviewing Strategies to
Increase Households and explained why they are marketing the program to
landlords.
Commissioner Carey questioned whether they were guaranteeing the
rent; Ms. Turner replied they were and at close to 100%. Commissioner Carey commented that as a
landlord, they are going to run a credit and if the credit isn’t good, they are
not going to want to rent to that tenant, so if they understand that there is
someone there to stand behind the tenant, then obviously they would have a
different opinion of what they want to do.
She said it is very difficult to evict, especially a family, once you
have put them into a housing situation, so people are usually very careful
about who they place because they do not want to have to go through that
process. Ms. Turner advised that
Seminole County has an agreement with landlords so they understand that most of
the rent is provided for that client and that the client is being case
managed. She advised they have housed
more clients since July, and as of today, 60 families have moved in and 38
households have been approved and are pending placement; another 23 are
currently in process as well.
Ms. Turner concluded by reviewing a map of the County depicting
the five Districts showing where the 41 families are housed.
Commissioner Horan questioned whether there is anything the
Board can do to assist in getting the word out in terms of getting partnerships
with the landlords because getting out the information about these programs is
very important. Ms. Turner replied it
would be helpful if anyone has some contacts with the tax credit properties,
particularly the property managers of those, because they have strict rules and
it makes it very difficult if they’ve had a recent eviction. They can ask the landlords to take clients on
a trial basis for a year and they have a contract with the landlord assuring
the landlord that Seminole County is behind that contract.
Commissioner Henley also wondered what the Board can do to
expedite this situation and said the money is not doing any good just sitting
there with all the needs they are talking about. He questioned whether there is an education
problem or a transportation problem, or whether they don’t have sufficient
staff. Ms. Turner advised that HTI just
added a full-time case manager. Right
now, they have three case managers and two move-in specialists. There are 38 families that have been approved
and they are trying to find permanent housing for them.
Commissioner Carey opined that the problems lie with all the HUD
regulations and trying to find the housing, especially if you are trying to
purchase the housing which is very competitive, because there are a lot of
people that are trying to get back into the housing market themselves. Also, there is not a lot of tax credit
housing built in this County, which makes it a little more challenging. She said she shares the same concerns as
Commissioner Henley because those dollars are just sitting there and whatever
they need to do to get the monies pushed out the door is important. She feels that partnering with non-profits
like HTI was the right move to make.
Pastor John Murphy, Harvest Time International, addressed the
Board to state they started by learning all the restrictions, etc. that their
case managers would need to follow. They
have gone through a lot of educational moves in the first few months and have been
getting established with beginning to screen people. Now there is a momentum and they are
confident they will meet all the goals and do it right with proper case
management over these families. He said
they feel that in the past, they did not have the full case-management aspect
to stay with the families to ensure the success of them becoming
self-sufficient. He cited an example of
a family with two teenage children that was recently placed in a restored
home. One teenager had started college,
but because of homelessness and no transportation and lack of funds, he had to
drop out of college this past semester.
He is an athlete in track and football and is scored as one of the
fastest runners in the State of Florida.
He said it is very encouraging to see the family excited and have hope now
that they are going to be able to rise above their situation and move on. He said he has always wanted to get involved
at this level of case management, and this program has given them this
opportunity to prove it is the best program that has ever hit the County for
homelessness.
Pastor Murphy said they seem to measure homelessness as
individuals and it can be stated there are 2,326 school children in Seminole
County who are homeless. When thinking
about being able to house 150 families by the end of this year and then boiling
that number down to several hundred families, he said they are making a real
heavy hit on homelessness through this program.
He said he believes the program is sustainable and is laying the
foundation for greater expansion that can cause a significant downtrend in
homelessness. He feels they have been
fighting battles and seemingly losing the war, and he believes they are engaged
in the war now, and are putting some real damage on the enemy. He concluded stating he knows it is a
challenge, but it is just a challenge, not a problem.
Commissioner Carey stated there is nothing like a good challenge
to bring the community together. She
said she thinks that the story that 60 Minutes did on the homeless children in
Seminole County schools really brought it to the forefront for a lot of people
in the community, because as one of the wealthiest counties in the State, no
one really thought they had a homeless problem.
She advised that as the regional Homeless Commission representative, the
one thing they hear over and over again on that Board is that case management
is the critical piece to sustainability.
She said she knows that the screening makes it a little more cumbersome,
but thinks they are doing it the right way to make a difference in these people’s
lives.
Commissioner Horan commended Pastor Murphy for the job they are
doing so far. He said homelessness is
tough to tackle; it is a symptom and a cause.
The array of social problems that need to be addressed in trying to
address the homeless problem is a heavy lift and a “slow boring of a very hard
board.” He opined the progress HTI is
making so far is very good and he likes the approach of doing the housing
first. He stated that when looking at
some of these programs, they sometimes spend millions of dollars on gearing up
and getting case managers ready, then they look three years down the road and
their biggest problem is that they haven’t housed anyone. He added he will be contacting people from
the tax credit industry to see if he can get some partners on this.
Chairman Dallari stated that Ms. Turner and her staff are doing
a phenomenal job, especially working with Pastor Murphy and stated he is doing
a great job as well. He concluded by
asking the news crews in attendance to understand what they are doing here, not
just for the City of Sanford, but for Seminole County and the entire region.
SEMINOLE BUSINESS SPOTLIGHT
The Envirobrite Energy Planning Associates video was presented.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, advised that under
the Consent Agenda, there is an add-on Item #8A regarding Grant Agreements for
the HOME, CDBG, and ESG programs. In
addition, staff is requesting Items #17, Contract for Sale and Purchase of Land
at 4240 North U.S. Highway 17/92, and #18, Oak Groves Shoppes Lease Agreement
Renewal and Amendment, be pulled from the Agenda to be considered at a later
date.
Commissioner Carey requested that Item #12,
Amendment to Conditional Utility Agreements for Silverleaf Park, be pulled for a
separate vote.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to authorize and approve
the following:
County Manager’s
Office
Business Office
3. Approve and authorize the Chairman to execute
the Contract for Sale and Purchase of Land, as shown on page _______, between
Seminole County and Ronald O. and Gloria F. Taylor, as Trustees for the R.O.
Taylor Trust, for real property located at 3250 E. Lake Mary Boulevard,
Sanford, Parcel #30-20-31-5AY-0000-0420.
4. Approve and authorize the
Chairman to execute the Contract for Sale and Purchase of Land, as shown on
page _______, between Seminole County and Elgan A. Stappe, II, for real
property located at 3274 E. Lake Mary Boulevard, Sanford, Parcels #30-20-31-5AY-0000-42A
and #30-20-31-5AY-0000-42C.
Economic Development Division
5. Approve appropriate Resolution #2013-R-220,
as shown on page _______, approving the issuance of Industrial Development
Revenue Bonds for the benefit of Provident Group-UCF Properties, LLC (Borrower)
to finance the acquisition of a student housing facility located on the corner
of McCulloch Road and Lockwood Boulevard, Orlando in an aggregate principal
amount not to exceed $65,000,000.
Community
Services
Business Office
6. Approve the reappointment of the
following three Committee-on-Aging Board Members, Elaine Cauther, Henry Scarfo
and Randy Hunt, to an additional two-year term and approve Theresa Rodgers to
fill a vacancy for the Local Law Enforcement initiative.
7. Approve and authorize the
Chairman to execute the Agreement, as shown on page _______, between Seminole
County and Kids House of Seminole, Inc. for the provision of medical examinations
by the Child Protection Team.
Community
Assistance Division
8. Approve and authorize the
Chairman to execute the Memorandum of Understanding (MOU), as shown on page
_______, between Central Florida Regional Workforce Development Board and Seminole
County for the FY 2013/14 grant period.
8A. Approve and authorize the Chairman to execute
two Grant Agreements, as shown on page _______, for each of the following
programs: HOME, CDBG, AND ESG, for
submittal to HUD for FY 2013/14.
Compliance Division
9. Approve the Termination of the
three Shelter Plus Care Subrecipient Agreements with the Homeless Services Network
of Central Florida, Inc., dated June 22, 2010 (S+C 1 and 2), July 24, 2012 (S+C
3), and September 25, 2012 (Renewal 3 of S+C 1).
Environmental
Services
Business Office
10. Approve and authorize the
Chairman to execute the Reclaimed Water Flow, Distribution, Delivery and Spray
Easement, as shown on page _______, for the project known as Northview Student
Housing, Northview Knights Housing, LLC.
11. Approve and authorize the
Chairman to execute the Seminole County and City of Casselberry Emergency
Interconnect Water Agreement, as shown on page _______, that includes four emergency
interconnect facilities: South U.S.
Highway 17-92, Thunder Trail, Howell Branch Road, and Red Bug Road.
13. Approve the adjustment in the
amount of $30,640.73 to Colonial Grand at Lake Mary for reclaimed water
consumption.
Solid Waste
Management Division
14. Approve the semi-annual fuel
index adjustments (CPI-F) for residential solid waste collection services, as
set forth in Section 13(e) of the Residential Franchise Agreements, with new
rates to become effective on October 1, 2013.
Leisure Services
Library Services
Division
15. Approve and authorize the Chairman
to execute the Grant Agreement, as shown on page _______, between the Florida
Division of Library Services and Information Services and Seminole County in anticipated
acceptance of monies in State Aid to Library Funds for library-related
operating expenses.
Public Works
Engineering
Division
16. Adopt appropriate Resolution #2013-R-224,
as shown on page _______, and authorize the Chairman to execute a Supplemental
Amendment Number 1, as shown on page _______, to a Locally Funded Agreement
with the State of Florida, Department of Transportation, for decorative
lighting on the State Road 15/600 (U.S. Highway 17/92) Interchange at State
Road 436 Project. (FDOT Financial Management #404418-1-52-04)
17. Pulled from the Agenda
request to approve a Contract for Sale and Purchase of Land between Judith M.
Caldwell, as Trustee of the Judith M. Caldwell Trust Under Trust Dated
11/17/93, James K. Caldwell II, and Robert J. Caldwell and Seminole County for
property located at 4240 North U.S. Highway 17/92, Sanford, (Allstate Insurance
Office) Parcel #22-20-30-300-0050-0000.
Fleet/Facilities
Division
18. Pulled from the Agenda
request to approve the First Renewal and First Amendment to the Oak Groves
Shoppes Lease Agreement entered into on October 28, 2010, between MSKP Oak
Grove, LLC and Seminole County.
Resource
Management
Business Office
19. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page _______, with the
Florida Division of Emergency Management in acceptance of $5,809 through their Hazards
Analysis Program.
Budget and
Fiscal Management Division
20. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-222, as shown on page
_______, implementing Budget Amendment Request (BAR) #13-121, with no overall
increase to the budget in the General Fund, to appropriate funds of $128,000
from the Jail Maintenance operating expense line to the Jail Water Main Project
#00285401.
21. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-223, as shown on page
_______, implementing Budget Amendment Request (BAR) #13-122 through the Public
Works Interlocal Agreement Fund to recognize contribution revenue and establish
budget in the amount of $50,000 for the Mast Arm on Rinehart Road, south of St.
John's Parkway.
Purchasing &
Contracts Division
22. Award RFP-601793-13/BJC, as shown
on page _______, Real Estate Services for The Neighborhood Stabilization
Program (NSP) to Bette Butz Realty, Inc., Longwood; and authorize the
Purchasing & Contracts Division to execute the Agreement.
23. Award IFB-601805-13/GMG, as shown
on page _______, Term Contract for Streets and Roadways Sweeping Services to
USA Services of Florida, Inc., Longwood, for an estimated total annual amount
of $145,500; and authorize the Purchasing & Contracts Division to execute
the Agreement.
24. Approve the Proprietary Source
Procurement SS-601820-13/GMG, as shown on page _______, for Work Order Asset
Management Software System with MaintStar, Inc., Irvine, California; and authorize
the Purchasing & Contracts Division to execute the Purchase Order in the
amount of $148,000.
25. Approve ranking list, authorize
staff to negotiate rates in accordance with F.S. 287.055, the Consultants
Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts
Division to execute one Master Services Agreement (MSA) for PS-8595-13/DRR,
Environmental Services Ecological Support Program (Estimated Annual Usage of
$150,000).
Districts 1, 2,
3, 4 and 5 voted AYE.
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Chairman Dallari complimented Joe Forte,
Deputy County Manager, on the street sweeping contract and thanked him for
keeping his commitment to get that on the agenda.
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Commissioner Carey explained her request to
pull Item #12 for a separate vote stating that she represents the people who
actually purchased the property being removed from the Agreement. She stated she is not required to recuse
herself from the vote but prefers to do so.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to approve the Second
Amendment, as shown on page _______, to the Conditional Utility Agreement for Water
& Sewer Service for the project known as Silverleaf Park, changing the
legal description and boundary of the property, with KB Home Orlando, LLC; and
authorize the Chairman to execute the Agreement.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey abstained from voting and filed a
Memorandum of Voting Conflict Form, as shown on page _______.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Clerk’s Office
39. Approval of Expenditure Approval Lists, as
shown on page _______, dated August 5 and 12, 2013; and Payroll Approval List,
as shown on page _______, dated August 15, 2013; approval of BCC Official
Minutes dated August 13, 2013; and noting, for information only, the following Clerk's
"Received and Filed":
1. Memorandum from Susan Baron, Secretary of
Public Risk Management of Florida Group Health Trust, submitting the
Intergovernmental Cooperative Agreement, as shown on page _______, for the City
of Longwood and Affidavit of Authenticity.
2. Certificate of Title Information for the
Filing of a Subdivision Plat in Seminole County for Pearl Lake Estates and
Performance Bond, as shown on page _______, in the amount of $311,831.30 for
the Estates at Pearl Lake subdivision.
3. Irrevocable Letter of Credit #40080060-02 and
Maintenance Agreement, as shown on page _______, for Road Improvements in the
amount of $55,884.44 for Hidden Creek Reserve Phase 1 Subdivision.
4. Maintenance Bond #41246287 for Streets, Curbs,
Storm Drains in the amount of $92,178 and General Purpose Rider, as shown on
page _______, changing the amount of the Bond from $92,178 to $13,837 for
Versailles Subdivision.
5. Private Road Maintenance Bond #41246286 in the
amount of $13,837 and General Purpose Rider, as shown on page _______, changing
the amount of the bond from $13,837 to $92,178 for Versailles Subdivision.
6. Right-of-Way Utilization Permit Maintenance
Bond #964116139, as shown on page _______, in the amount of $9,748.93 for
Infiniti of Sanford/Rinehart Road.
7. Maintenance Bond #59BSBGL9801, as shown on
page _______, for Streets, Curbs, Storm Drains in the amount of $4,239.13 for
Brooks Cove Subdivision.
8. Right-of-Way Utilization Permit Maintenance
Bond #SEIFSU0595192, as shown on page _______, in the amount of $5,336 for
Dollar General Store #13646.
9. Maintenance Bond #0596256-M, as shown on page
_______, for Streets, Curbs, Storm Drains in the amount of $86,790.48 for
Enclave at Aloma Subdivision.
10. Right-of Way Utilization Permit Maintenance
Bond #404006541, as shown on page _______, in the amount of $10,538 for
McDonald’s International Parkway/Lake Mary Westin.
11. BOA Approval Development Orders, as shown on
page _______, as follows: #13-32000005,
New Image Perfected Ministries, Inc., Special Exception; #13-320000012, C.
David Lee, Special Exception; #13-32000010, BRE DDR Winter Park Palms, LLC,
Special Exception; #13-320000058, Glenn D. Housman, Variance; #13-30000075,
Ashley A. Goodman and Lindsey Attaway, Variance; #13-30000056, Robert W. and
Kimberly H. Beal, Variance; #13-30000055, John A. and Jill M. Mahramus,
Variance; #13-30000054, Celeste S. Myers, Variance; #13-30000053, Mary
Weisenbarger Trustee FBO Mary Weisenbarger, Variance; #13-30000052, Thomas S.
Champagne, Variance; #13-30000051, Joshua and Kara A. Schwier, Variance;
#13-30000049, Stephen D. and Ruth Collins, Variance; #13-30000048, Robert R.
Neely and Suzanne D’Agresta, Variance; #13-30000047, HHMH2, LLC, Variance;
#13-30000046, Francis C. and Cassandra Dorrien, Variance; #13-30000045, Daniel
O. Shepherd, Variance; #13-30000043, Meritage Homes of Florida, Inc., Variance;
#13-30000042, Michael A. and Lisa M. Nicholson, Variance; #13-30000041, Thomas
R. and Debra F. Tschopp, Variance; #13-30000040, Daniel R. and Melinda Alicea,
Variance; and #13-30000039, Cindy Zuzunaga, Variance.
12. BOA Addendum Development Order #13-32000009,
as shown on page _______, ORI, LLC, Special Exception.
13. Resolution #2013-R-150, as shown on page
_______, subordinating County interest in favor of the State of Florida
Department of Transportation in land identified as Parcel Number 826.4R,
Section No. 77030, in conjunction with the State Road 46 Gateway Sidewalk
Project and fully executed Subordination of County Drainage Interest, as shown
on page _______; as approved by the Board of County Commissioners on June 11,
2013.
14. First Amendment, as shown on page _______, to
IFB-601587-12.
15. Closeout, as shown on page _______, to
CC-6482-11.
16. Amendment #4, as shown on page _______, to
Work Order #37 to PS-3914-08.
17. Amendment #1, as shown on page _______, to
Work Order #42 to PS-4388-09.
18. Amendment #1, as shown on page _______, to
Work Order #6 to RFP-CS01-12.
19. Change Order #1, as shown on page _______, to
RFP-7687-12.
20. Amendment #1, as shown on page _______, to
Work Order #96 to PS-5120.
21. Work Order #46, as shown on page _______, to
PS-3914-08.
22. Work Orders #38, #39, #40, #41, #42, and #43,
as shown on page _______, to RFP-8312-12.
23. Work Order #13, as shown on page _______, to
RFP-5706-10.
24. Closeout, as shown on page _______, to
CC-8019-12.
25. Closeout, as shown on page _______, to
CC-7826-12.
26. First Amendment, as shown on page _______, to
RFI-601117-11.
27. Second Amendment, as shown on page _______, to
IFB-601110-11.
28. Work Order #7, as shown on page _______, to
PS-0219-05.
29. IFB-601730-13, as shown on page _______, Term
Contract for the Purchase of Optic Cable and Miscellaneous Related Items with
American WordData, Inc.
30. Change Order #3, as shown on page _______, to
CC-7202-11.
31. Addendum #2, as shown on page _______, to the
Silverleaf Park PD Third Amended and Restated Developer’s Commitment Agreement.
32. Addendum #2, as shown on page _______, to the
Silverleaf Park PD Third Amended and Restated Development Order.
33. Bids as follows: CC-8457-13; CC-8458-13; CC-8459-13;
CC-8460-13; IFB-601805-13; CC-8646-13; RFP-601644-13; BID-601807-13; and
IFB-601800-13.
Districts 1, 2,
3, 4 and 5 voted AYE.
REGULAR AGENDA
Tom Tomerlin, Interim Economic Development Director,
addressed the Board to present a request to approve the Jobs Growth Incentive
(JGI) Funding Agreement with IZON, LLC.
He advised that IZON, LLC has been based in Longwood for 11 years. He stated that they have developed technology
that enables the viewing of 3D programming on television sets without the use
of glasses. Their desire is to open an
assembly plant to manufacture these television sets within Seminole County. He added that this will create 400 new jobs
creating an average annual wage of $37,000 per year. The capital expenditure is $2.8 million. He reviewed a brief history of the project as
outlined in the Agenda Memorandum.
Mr. Tomerlin stated staff recommends that the Board
authorize a JGI award for IZON, LLC in an amount equal to $1,000 per job, or a
total award of $400,000 for the 400 newly created jobs; the award is equivalent
to what the County’s share of the JGI award would have been if the City of Lake
Mary were participating.
Mr. Tomerlin stated that Joey Difrancesco, IZON CEO,
and consultants Alex Setzer with Southern Strategy Group and Allea Newbold with
The Ryan Group are in attendance today.
Commissioner Carey commented that she had the
opportunity to tour the facility, thinks it is pretty amazing, and is pleased
to see this technology being developed in Seminole County. She stated she is glad to see that there will
be more manufacturing jobs in the County and knows that IZON is in the process
of applying to the State for a grant as well.
She said the Governor’s focus is not only on jobs, but on manufacturing
jobs. There is a lot of workforce in the
County that need these types of jobs, and the school system has now added
technical training back into the high schools.
She said it is disappointing that the City of Lake Mary chose not to
participate at this time, but she believes they will have an opportunity to
reconsider in the future.
Commissioner Henley stated he also visited the site
in Longwood and shares Commissioner Carey’s comments. He said he appreciates the breakdown in the agenda
backup of the types of jobs included, because the emphasis over the last
several years has been on high-tech, high-paying jobs, yet there is a large
number of people looking for jobs on a lower or no-skill level. He said this will present an opportunity for
some of those people to be trained to be able to do this type of work. He added hopefully this will have an impact
on the earlier item discussed regarding homelessness.
Commissioner Constantine requested the reasons that
the City of Lake Mary declined at this time.
Mr. Tomerlin advised that basically the City of Lake Mary was concerned
about the amount of capital expenditure relative to the award. The applicant has since come back and
requested a reduced amount across the board as an incentive. Commissioner Henley added that he talked with
the Mayor of Lake Mary and the biggest concern mentioned was risk; however, he
said he believes there is adequate protection for the citizens with the required
Performance Bonds, etc.
Commissioner Horan stated that all of the JGI Grants
require security either with a Letter of Credit or a Performance Bond. He also spoke with several people at the City
of Lake Mary and pointed this out, but they seemed to be surprised by
that. He opined that the old Siemens
site would be a wonderful site to place this manufacturing facility. He also visited IZON and was very
impressed. He said it has got to be
impressive when the first non-HD eyeglass TV technology is being developed
right here in Seminole County.
Chairman Dallari stated that he also visited their
site and was truly amazed at how the technology works. He thanked County staff for putting this
together, the applicant for coming to the Board and trying to stay in Seminole
County, and Alex Setzer for bringing this proposal to them.
Commissioner Constantine added that he also visited
the site. His original concerns included
the fact that this is new technology, there is a great deal of competition in
the television market, and every time a new type of TV or size comes out, it is
at one price and continues to go down.
He reiterated that securities are in place and added that it is not
competing with any other industry in Seminole County so therefore, he will be
supporting this also.
Motion
by Commissioner Henley, seconded by Commissioner Horan, to approve the Jobs
Growth Incentive Funding Agreement, as shown on page _______, with IZON, LLC
providing a total incentive of $400,000 for the creation of 400 new jobs, and
authorize the Chairman to execute the Agreement.
Under discussion, Commissioner Carey commented when
manufacturing jobs were being sent out of the country is when this country
started to get into trouble. She said
she thinks that is why the Governor’s focus is on trying to bring manufacturing
back home. She is glad to see that IZON
wants to stay in Seminole County and that they are able to help them. She is also glad to see that the schools are
paying attention to the fact that they need to get back and consider training
besides just at the very highest level.
Mr. Tomerlin cited differences in national
unemployment data between those with a college education and those without.
Districts 1, 2, 3, 4
and 5 voted AYE.
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Jim Hartmann, County Manager, stated he is happy to
present the final, negotiated agreement for major league soccer stadium and
franchise funding. He said it is a
Tri-party Agreement between the City of Orlando, Orlando City Soccer Club and
Seminole County. He further stated that
the Board passed a Resolution on June 25 and they held a Work Session on August
13 where they covered some of the terms and conditions for a contract. He said it involves a $2 million contribution
to the City of Orlando for the construction or financing of the soccer stadium
over a 10-year period, with a payment of $200,000 per year during that period
of time. He said that the payment is
contingent upon a number of things: the
award of a major league soccer franchise to the champions from Orlando City
Soccer; it requires that construction on a stadium has begun; and it requires
hotel room-night growth of 750 new room nights per year, working together with
the County to grow those room nights. He
explained what occurs if the room-night criteria is not met, if it is exceeded,
and a 15% leakage amount for the number of room nights. He stated the validation of those numbers
will be important.
Mr. Hartmann advised that Clerk Morris and Chief
Deputy McMenemy joined the negotiation team over the last month. They have had some meetings with the hotels
and have some requirements in this Agreement on how they define room nights and
how they will calculate those. He said
they will be working together between now and the January 1, 2015 beginning of
this Agreement in order to ensure that they have an adequate validation
system. He thanked the Clerk for
assisting with those measures.
Upon inquiry by Commissioner Carey regarding the
annual confirmation of the number of room nights, Maryanne Morse, Clerk of the
Circuit Court, stated their goal and their intent would be to verify at the
time of the event, as well as at the conclusion of the event, with a cumulative
figure at the end of the fiscal year for that calendar year.
Commissioner Carey confirmed with Mr. Hartmann that
they either make their numbers or they pay 100% of that year’s payment, so in
other words if they hit 75%, then the County will pay 75%. Mr. Hartmann said they will consider the leakage
amount of 15%.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to approve and
authorize the Chairman to execute the Soccer Stadium and Franchise Funding
Agreement, as shown on page _______, with Orlando Sports Holdings, LLC d/b/a
Orlando City Soccer Club.
Districts 1, 2,
3, 4 and 5 voted AYE.
Chairman Dallari thanked and commended Mr.
Hartmann and his staff. Mr. Hartmann
acknowledged Joe Abel, Leisure Services Director, and Danny Trosset, the new
Tourism Manager, who helped put the deal together. Chairman Dallari thanked and congratulated
Orlando City on their big win.
COUNTY
MANAGER AND STAFF BRIEFINGS
The Board noted, for
information only, the Informational Budget Transfer Status Report for FY
2012/13.
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Mr.
Hartmann requested confirmation from the Board of his appointment of Tom
Tomerlin as the Economic Development Director.
He stated that Mr. Tomerlin has been the Interim Director for five
months and has done an outstanding job.
Motion by Commissioner Henley, seconded
by Commissioner Carey, to confirm the appointment of Tom Tomerlin to the
position of Economic Development Director.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S REPORT
Bryant
Applegate, County Attorney, advised that he and Lynn Porter-Carlton, Deputy
County Attorney, met with CSX Railroad in Jacksonville last Thursday for a
face-to-face meeting to discuss the issue of the .47 acres that they own on the
Sports Complex property. They are
working towards an agreement on that and they will keep the Board posted.
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Mr. Applegate stated he
sent a memo, received and filed, to all the advisory boards and committees
reminding them of the new requirement that as of October 1, 2013, members of
the public have the right to speak on all propositions. He expressed that this Board has already done
that for many years, but he thought it would be well-timed to advise of the
law.
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Mr. Applegate reported
that although they did not get attorney fees in the internet café case, they
did get a ruling that the case is basically over once and for all. He reminded the Board of their great victory with
the court here in Orlando and in the 11th Circuit Court. When the 11th Circuit ruled in favor
on that case, he said he believes it really set the tone for other things to
follow, and he congratulated the Board on standing their ground and defending
the will of the people and the County Charter.
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Mr. Applegate stated a
new bill requires all Constitutional Officers to have ethics training starting
October 1, 2013 on an annual basis, including this year. On September 13, the Commission on Ethics is
meeting with the hope of adopting a final rule.
Once that occurs, they anticipate having an on-line course shortly after
October 1 for $35. Everyone can take
that and meet the requirement. He
advised there is a link for Public Records and Sunshine training as well. He stated that the on-line course would
probably be the most efficient, but they would be willing to do separate
training if need be.
Upon
inquiry by Commissioner Carey, Mr. Applegate advised the training is required primarily
for constitutional officers and elected officials.
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Commissioner
Carey commended David Shields, Deputy County Attorney, who had an article
published in a recent Bar magazine about gambling in Florida. Chairman Dallari said he read it also and
hopes it will shed some light on the State and hopes the State will follow the
State Constitution instead of making their own rules. Mr. Applegate stated it is a major
accomplishment for Mr. Shields and a great reflection of the Board as well, and
he believes the article will have an impact.
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Commissioner
Horan opined that he saw a lot of great lawyering in the internet café
case. He said the quality of the
lawyering exhibited by staff and in particular Mr. Shields, the scholarship
that was shown, the materials that were filed with the courts, and the
arguments that were made by outside counsel retained in the case and supported
by staff, was as impressive as any legal product and legal representation that he
has viewed in his 35 years. He congratulated
the County Attorney’s Office.
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Chairman Dallari announced
the Health and Wellness Plan Design Work Session will start at approximately 11:00
a.m. in Room 3024.
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Chairman Dallari
recessed the meeting at 10:55 a.m.; reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Terri
Porter, who was replaced by Deputy Clerk Jane Spencer, who were present at the
Opening Session.
PUBLIC
HEARINGS
COLONIAL TOWNPARK PD
MAJOR AMENDMENT AND REZONE/
Colonial Realty, LP
(Continued)
Continuation of a public hearing to consider
adoption of an Ordinance enacting a Rezone from PD (Planned Development) to PD
(Planned Development) to accomplish a Major Amendment to the Colonial Townpark
PD and an Amendment to the Amended and Restated Colonial Perimeter Center
(Colonial Townpark) Development of Regional Impact (DRI), which would remove
6.3 acres from the existing PD, for property located on the east side of
International Parkway, approximately one-half mile north of CR 46A, as
described in the proof of publication, Colonial Realty, LP.
Joy Giles, Planning & Development Division,
stated the applicant is requesting a continuation of the item to a future meeting.
No one spoke in support or in opposition of the
continuance.
Motion
by Commissioner Carey, seconded by Commissioner Henley, to continue to a future
meeting the request to adopt an Ordinance enacting a Rezone from PD (Planned
Development) to PD (Planned Development) to accomplish a Major Amendment to the
Colonial Townpark PD and an Amendment to the Amended and Restated Colonial
Perimeter Center (Colonial Townpark) Development of Regional Impact (DRI),
which would remove 6.3 acres from the existing PD, for property located on the
east side of International Parkway, approximately one-half mile north of CR
46A, as described in the proof of publication, Colonial Realty, LP.
Districts 1, 2, 3, 4 and 5 voted AYE.
COLONIAL VILLAGE
AT TOWNPARK REZONE
Colonial
Realty, LP
Continuation of a
public hearing to consider adoption of an Ordinance enacting a Rezone from PD
(Planned Development) and A-1
(Agriculture) to PD (Planned Development) for 25.21 acres located on the east
side of International Parkway, approximately one-half mile north of CR 46A, as
described in the proof of publication, Colonial Realty, LP.
Joy Giles, Planning
& Development Division, addressed the Board to state the applicant is
requesting a continuation of the item to a future meeting.
No one spoke in support
or in opposition of the continuance.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to continue to a future
meeting the request to adopt an Ordinance enacting a Rezone from PD (Planned
Development) and A-1 (Agriculture) to PD (Planned Development) for 25.21 acres
located on the east side of International Parkway, approximately one-half mile
north of CR 46A, as described in the proof of publication, Colonial Realty, LP.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner Horan
stated he is very pleased to have some representatives in attendance from Seminole
Work Opportunity Program (SWOP), an organization that has done great work for
many years providing tremendous services for those who are mentally
disabled.
Commissioner Pam
Carroll, City of Winter Springs, addressed the Board to state she is a member
of Leadership Seminole Class 2013 and explained that SWOP will be their
project.
Elliott Merrill,
Executive Director of SWOP, addressed the Board to give an update as to SWOP's
progress. He began a PowerPoint
presentation (copy received and filed) entitled "SWOP 2.0 - Redesigning
Seminole County's Most Valuable Resource for Developmentally Disabled Adults
and Their Families." He discussed
Leadership, The Future, Inside SWOP, and Outside SWOP. Mr. Merrill thanked the Board for all their
support in putting people first and helping SWOP to be able to provide these
services.
Commissioner Horan
commented that Mr. Merrill has taken over the long-standing and beneficial
reign of Bill Poe. Upon inquiry by
Commissioner Horan, Mr. Merrill stated he has been with SWOP a little over 18
months. Commissioner Horan explained
that recently SWOP has begun, through reconfiguring its Board, some very
serious fundraising activities and they have done a very good job. He commended the Hattaway Company, Collis
Roofing, Motorola, and the Wharton/Smith Company for stepping up, seeing the
value of this wonderful organization, and making commitments to help. Upon inquiry by Commissioner Horan, Mr.
Merrill stated they currently have 85 consumers.
Commissioner Carey
recounted that she has had the opportunity and pleasure of serving with Bill
Poe for many years on various boards.
She advised Mr. Merrill that he has really big shoes to fill and if
there is anything she can do to help him, let her know.
Commissioner
Constantine stated that Bill Poe has been his good friend for a long time and
described how Mr. Poe helped him when he first ran for public office. He proposed that the Board prepare a
proclamation for Mr. Poe's 32 years of service to this county and this
community. The Board agreed with the
suggestion.
CHAIRMAN’S
REPORT
Chairman Dallari advised he was
contacted by Boyd Karns from the Seminole County Public Schools Government
Relations Department. They are applying
for a “Race to the Top” grant for a school located in the county and need a
letter of support from local government.
Motion by
Commissioner Carey, seconded by Commissioner Constantine, to authorize the
Chairman to execute a letter of support to the Seminole County Public Schools
application for a “Race to the Top” grant.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman Dallari stated the City of
Orlando and Orange County are going to Washington D.C. to try to obtain funding
for Phase 2 of SunRail. He stated he
would like to provide a letter of support for them to take with them since it
is a full, holistic line and not just one county.
Motion by
Commissioner Horan, seconded by Commissioner Constantine, to authorize the
Chairman to execute a letter of support for the City of Orlando and Orange
County in their attempt to get funding in Washington, D.C., for Phase 2 of
SunRail.
Under discussion, Commissioner
Carey wondered if there would be a benefit in having the Chairman of the County
attend as well. She noted that this is
something that was in the budget and the Board made decisions based on what was
proposed to happen in the future. Now,
they are trying to take some of that funding away.
Chairman Dallari stated at the very
least the County should ask their federal lobbyists to get engaged to help to
try and support this.
Commissioner Carey stated she
supports the letter; and if there is a benefit in having a representative from
the County as part of the contingent going to Washington, she would support
that as well.
Chairman Dallari confirmed with
Commissioners Horan and Constantine that they agree with Commissioner Carey's amendment.
Commissioner Constantine stated
this is a regional matter and something that will be of tremendous benefit to
the County and he believes the Chairman or a representative from the Commission
should be in Washington with the contingent if at all possible.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman Dallari requested that the
County Manager work with the Clerk to bring back to the Board a policy for bond
disclosure and to actually work with their bond disclosure attorneys. He noted that was one of the things one of
the rating agencies looked at. He wants
to be sure everybody understands who is responsible and what the timing
is. He added it is not just the annual
disclosure but also the disclosure for events that take place.
Commissioner Carey stated that the
County Commission hires counsel to be the bond disclosure representatives,
which may be different than whomever the Clerk has. She asked Chairman Dallari if he is talking
about a policy about how the Board will hire bond counsel. Chairman Dallari explained it would not be a
policy about how the Board hires the bond disclosure attorney but the actual
policy of the whole process; what gets disclosed, within what time frame the annual
report has to be filed and when it comes back to the Board for approval. Chairman Dallari reiterated that he is
requesting consensus for the County Manager to bring this matter back with the
help of the disclosure law firm and the Clerk's Office. No
objections were voiced.
Maryanne Morse, Clerk of the Court,
advised that the Internal Revenue Service is targeting bond disclosures and
bond information for audits. They have
recently increased their staff by 100 auditors.
She stated one of the things the IRS is looking at is if there is a
policy in place, which the County does have.
She advised that her office will forward that to the County Manager
within a week. She noted it came from bond
counsel to begin with with a few changes.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter dated August 21, 2013 from Harry
Barley, MetroPlan Orlando, to Chairman Robert Dallari regarding MetroPlan
Orlando’s Citizens’ Advisory Committee (CAC) bylaws. (C: BCC, County Manager, County Attorney)
2. Letter with attachment dated August 21, 2013
from Richard Morrison, Florida Hospital, regarding Florida Hospital’s Health
Issues Brief.
3. Letter dated August 22, 2013 from Larisa
Perry, Wells Fargo Bank, to Chairman Robert Dallari regarding Wells Fargo’s
funding of $100,000 to provide for sustainable projects that will support
unaccompanied homeless students within seven school districts across Florida.
(C: BCC, County Manager)
4. Copy of letter with attachment dated August
23, 2013 from Sarah Mirus, City of Longwood, to Clerk of the Circuit Court
regarding Annexation Ordinance No. 13-2005 adopted on August 19, 2013. (C: BCC, County Manager, County Attorney,
Development Services)
5. Letter dated August 26, 2013 from Marva
Johnson, Bright House Networks, to Chairman Robert Dallari regarding
programming changes to Bright House Networks customers. (C: SGTV, County
Manager, Michael Champagne, Bright House Networks)
6. Copy of letter dated August 26, 2013 from
Francine Yotsko, ISO, to Chief Mims, Seminole County Fire Chief, regarding
ISO’s analysis of Seminole County’s fire suppression services. (C: BCC, County Manager)
7. Copy of letter dated August 27, 2013 from
Chairman Robert Dallari to Mark Lewis, National Collegiate Athletic Association
(NCAA), regarding support of Central Florida’s Sports Commission’s efforts to
bring NCAA Division II & III Men’s and Women’s Tennis National
Championships to Seminole County from 2015-2018. (C: BCC, County Manager, Leisure Services)
8. Letter with attachment dated August 28, 2013
from U.S. Congressman John Mica, House of Representatives, to Chairman Robert
Dallari regarding additional information on the significance, function and
financing of the Intermodal Transportation Center. (C: BCC, County Manager, Development
Services, Public Works)
9. Letter dated August 29, 2013 from Tim Donihi,
South Seminole Sertoma Club, to Chairman Robert Dallari regarding appreciation
for Resolution in recognition of the contributions of the South Seminole
Sertoma Club and Chairman Dallari’s presentation of the Resolution at their
50th Anniversary Dinner. (C: BCC, County
Manager)
10. Letter dated September 3, 2013, from William
Odahowski, 1155 Kerwood Circle, Oviedo, FL, to Chairman Robert Dallari
regarding appreciation to the Seminole County Fire Department and Sheriff’s
Department for emergency medical services provided to his wife. (C: BCC, County Manager)
11. Letter from Gary Causey, U.S. Department of
Housing and Urban Development (HUD), to Chairman Robert Dallari regarding
Fiscal Year 2013 Action Plan and Grant Approvals for Seminole County,
Florida. (C: BCC, County Manager, Community
Services)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner Carey announced that the week
of September 17 through September 23 is Constitution Week which commemorates
the formation and signing of the U.S. Constitution by 39 brave men on September
17, 1787. The Daughters of the American
Revolution will be sponsoring the Bells Across America event on September 17 at
4:00 p.m. at the Sanford Museum in Downtown Sanford to celebrate the start of
Constitution Week.
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Commissioner Carey requested consideration
of a resolution regarding Care Enough to Wear Pink Days. This is called the Pink Hills Tour and is an
opportunity for public safety professionals, local leaders, and citizens
throughout the community to wear pink in honor of women and to join forces to
help them in their fight against cancer.
The spirit of this campaign is to fight for those who have lost the
ability to fight for themselves.
Commissioner Carey noted that the firefighters approached her about an
event on October 26 at Colonial Towne Center where they will actually have the
pink fire trucks. This is put on by the
Pink Hills Tour, which travels all across the country and will be making a
sweep throughout Florida. Chairman
Dallari requested the resolution be prepared by the next meeting so it can be
presented at the next meeting.
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Commissioner Carey pointed out that
it takes 2,000 miles to walk all of the counties in Florida, from Pensacola to
Key West. She described an upcoming
challenge starting October 1 to walk 2,000 miles in your community and
beyond. She stated she is aware that
Commissioner Horan is trying to put some teams together and she plans to put a
team together. This event is being
sponsored by the State Health Department; and at the end, there will be recognition
for those counties that have walked 2,000 miles. Chairman Dallari stated he also will be
putting a team together.
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Chairman Dallari requested an
update at the next meeting regarding where the County is with the Smart
Meters.
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Chairman Dallari announced they
received a letter of appreciation from William Odahowski regarding the level of
service his wife received from the Fire Department and Sheriff's Office. He stated they know they have a great
Sheriff's Office and Fire Department/Rescue but believes it is nice when people
take the time to put something in writing.
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Chairman Dallari stated there have
been a lot of conversations as of late about health care. He wants to ensure they do have a multi-year
plan so they know what the health care plan for staff is going to look like in
2017 and 2018. He requested that the
County Manager bring that issue back to the Board with the consultants.
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Commissioner Horan announced that
there was a telephone conference with the chairs of the Finance and
Administration and Tax Committees of the Florida Association of Counties (FAC)
last week where they addressed a number of issues. The most important issue was the Florida
Retirement System (FRS) contributions and the future of that system. He pointed out it is anticipated that in the
next legislative session, there will be again a proposal in the House for the
conversion of the defined benefit plan to a defined contribution plan and
stated it would appear there will be significant resistance in the Senate to
that again. The question for his
committee was whether they should take a position as to that issue.
Commissioner Horan explained that
there will be an actuarial coming out in the latter part of this year which
should be able to identify the percentage of funding of the present FRS system
in consideration of the fact that the system had a 14.5% return on investment
for calendar year 2012. There were some
very large assessments that were based on a five-year program that took into
consideration things that occurred back in 2008 and 2009. It was decided within the committee that they
may want the Legislature and the State Board of Administration to pursue a
different type of program in terms of when they will adjust those particular
contributions and how they will go about adjusting the contributions, since it
looks like the actual reform to a defined contribution program would probably
not go through.
Commissioner Horan stated they also
considered if, in fact, there was some kind of reform and all new employees
were going into a defined contribution system, what effect would that have on a
dollar-per-dollar basis with the defined benefit system that they have now and
would that make a substantive difference in the contributions since no new
employees would be contributing into the old defined benefit program yet the
liabilities for those particular retirements would remain in place. Everybody agreed that there had not been an
analysis of that particular liability.
He explained that he won't be able to make that particular policy committee
meeting but stated they did hash out what the issues are and he will report
after the policy meeting what actually occurs.
The actual decisions won't be made until the legislative meeting which
is in November which he does plan to attend.
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Commissioner Constantine reported
that the Council of Local Governments (CALNO) met at the Orlando-Sanford
International Airport this month. It was
the County's turn to host and the County Manager, Jim Hartmann, was the
speaker. Commissioner Constantine noted
that Mr. Hartmann did a great job explaining to the various cities and other
representatives about the situation with the budget, the Sports Complex and the
soccer agreement.
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Commissioner Constantine stated he
has a FAC policy meeting on September 18 and 19 in West Palm Beach and
requested authorization to attend.
Motion by
Commissioner Horan, seconded by Commissioner Henley, to authorize Commissioner
Constantine to attend the Florida Association of Counties policy meeting on
September 18 and 19 in West Palm Beach.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Commissioner Carey stated she
believes it would be beneficial for all of the counties if they were allowed to
have an alternate, even if it is a specifically named alternate. She explained that FAC is also having a Board
of Directors meeting at the conference for one hour. She cannot justify making the trip for an
hour meeting and therefore is not going.
She believes it would be beneficial to everybody if they were allowed to
name an alternate. In this particular
case if only one of them is going, they could then sit in on the Board of
Directors meeting and also on the policy committees. Commissioner Carey asked the Board what they
think about the matter. Chairman Dallari
stated it makes sense and believes they should pursue something like that.
Commissioner Horan stated that each
one of the policy committees always meets as a "committee of the
whole"; so consequently with Commissioner Constantine attending the event
at a particular time, he would be sitting there as a "committee of the
whole" and would report back what happened at a particular policy
committee. Commissioner Carey pointed
out you can't vote as a Board of Director unless you are one, which is why she
wants to get the alternate idea recognized.
They did that several years ago on local committees where if someone
can't attend a particular meeting, there is an alternate already designated
that could go.
Chairman Dallari agreed with
Commissioner Carey that they should be pushing for something like that.
Commissioner Constantine stated he
would be happy to present that on her behalf to Mr. Holley when he is at the
meeting.
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Commissioner Henley advised that he
received a complaint and will be doing a site visit regarding a gentleman who
bought a lot on a lake in Casselberry in order to have access for the Lyman
Crew Team to be able to practice. He
also bought a lot across the street for off street parking. Some of neighbors are complaining now so it
may be coming before the Board to resolve the conflict. They seem to think there is a code violation. Commissioner Henley stated he believes it
might be in Commissioner Horan's district.
Commissioner Henley stated he wanted to alert the Board in case they get
calls. He stated he does not know if he
should recuse himself since he was associated for 34 years with Lyman. He wants to ensure that it is appropriate for
him to deal with this.
Commissioner Horan stated he has
been briefed by staff on the issue. They
have some good aerials so he has a pretty good handle on what the situation
is. He thinks that the staff is working
with the people involved and it will hopefully get resolved.
Commissioner Constantine wondered
how long of a stretch of water they need because he would be happy to let them
use the lake (Lake Orienta) that he lives on.
He knows that they used to practice on Lake Orienta.
COUNTY
MANAGER AND STAFF BRIEFINGS
Jim
Hartmann, County Manager, announced that again this year the Purchasing &
Contracts Division has been awarded the 18th Annual Achievement of Excellence
and Procurement Award for 2013. They
are only 1 of 22 agencies in Florida and 1 of 43 counties to receive the award. They have won this award for 12 years in a
row.
COUNTY
ATTORNEY’S REPORT
Bryant Applegate, County Attorney, noted
that he distributed a brochure (copy received and filed) from the Legal Aid
Society of Seminole County regarding the Attorneys Fighting for Families with
Seriously Ill Children program. He
explained how the program was started in Orange County years ago when he was
with the Orange County Attorney's Office.
Mr. Applegate assured the Board that any time he spends on this program
will be his own time.
ITEMS FOR
FUTURE AGENDA
Lindy
Freeman, 1617 Overlook Road, addressed the Board to discuss an upcoming
MSBU. Ms. Freeman distributed a letter
(copy received and filed) regarding 118 well water homes in Myrtle Lake Hills
and read it into the record. Ms. Freeman
requested a waiver of the upcoming $30,000 project fee.
Speaker
Request Form from Lindy Freeman was received and filed.
Chairman Dallari stated he is sure
the Board will take this into consideration during their budget process.
Commissioner Carey stated she has a
lot of sympathy for the Freemans and knows what they are being faced with. She pointed out, as she stated the last time
when the Freemans were here, they have this situation all over the county. There is a lot of it in her district. The Board has never set the precedent of
waiving the fees. Commissioner Carey
discussed ways to improve water quality.
She believes waiving the fees is a slippery slope and that everyone in
the county would begin to come and ask the Board to waive the costs. While she has a lot of sympathy for the
situation that Ms. Freeman finds herself in, if the homeowners in her community
don't care enough and are unable to get 65%, she does not know how the County could
solve that problem.
Commissioner Horan agreed with
Commissioner Carey that this is a classic problem that the County has. The choices are an MSBU with the attended
costs or annexation into a city with, of course, increased taxes. The other choices are the individual choices
for water systems. Commissioner Horan
stated he certainly will consider the request and take a look at it. He worries about the precedential aspect as well. He stated he appreciates Ms. Freeman coming
to the Board and addressing the problem in such a thoughtful and respectful
fashion.
Commissioner Henley stated that Ms.
Freeman has worked long and hard and unfortunately the County has not been able
to provide the answer to her. This is
not the first time the Board has been approached to waive fees. Those fees are there for a purpose. With regard to the question of fairness since
they don't have paved streets, sidewalks, and piped-in water, Commissioner
Henley noted that for the people who have those things, by and large those
things were provided by the developer so they paid for them up front and are
paying higher taxes generally. There are
many, many services provided through taxes that quite often people don't give
much consideration to such as the first response fire departments, the police
departments, the libraries, and the parks.
There are many things taxes provide for that impact the quality of life
in the county. Commissioner Henley
stated he does not have an answer that will make Ms. Freeman happy because as
he indicated before, he does not think the Board will start waiving fees because
they have refused to waive them earlier.
He pointed out that staff does have some expertise they didn't have
before to be able to do some things. He
requested that Andy Neff speak about that.
Andy Neff, Environmental Services
Director, addressed the Board to state that Utilities Inc. is the closest
utility company and where the County would get the service. He understands that Ms. Freeman has already
spoken to Utilities Inc. but being a private utility, Utilities Inc. wanted to
have all of the costs paid for upfront.
The County's MSBU would have the cost paid over time. With regard to capabilities, the County is
looking to do this work from their staff's perspective in-house and they are
currently working on this. That will
help reduce some of the costs but there are still the design and the engineering
costs associated with this which need to be rolled up into the overall cost of
the project and cost out as it is amortized over its life.
Commissioner Carey wondered if the
$30,000 for the County doing it in-house is a better rate than they would get
if they went to an outside consultant.
Mr. Neff explained that the $30,000, as he understands it, is an MSBU administration
fee for the project. Mr. Neff stated his
staff has not yet determined what the cost would be for the project. He thinks that the numbers that have been
done previously are pretty close but his people have not yet walked through
this and determined what the costs are.
Upon inquiry by Commissioner Carey
regarding tightening up the MSBU estimate numbers to make it more cost
effective, Kathy Moore, MSBU Program, addressed the Board to state that is what
they have been doing. Ms. Moore stated
it was just last week that they received an application to create an MSBU. One of the steps preliminary to that was a
commitment by Environmental Services to use in-house staff to develop what they
would normally go outside the County for to come up with a statement of
probable costs. Those services are a
great benefit to the community and a cost savings in the project. They have been working with a very rough cost
estimate that this will be a $1 million project. The $30,000 that Ms. Freeman was referring to
was an overall project management administration fee. Historically years ago, the County would
charge 10% of the project cost, which on a $1 million project would be $100,000;
so really a $30,000 project fee is going to be much less than prior
standards. Also, they try to base the
project management on the cost that the County invests into it with staff and
meetings, all the ancillary costs. When
they provide the information to the community through the petition process,
they will be using a reliable project cost figure that Environmental Services
is providing. It may still be a $1
million project or it may come in a little bit less. Then everything adjusts to that cost. Ms. Moore advised that she has been working
on looking at different interest percentages in calculating the assessment and
different ways to make it as affordable as possible to the property owners.
Commissioner Carey stated if
Utility Inc. is the closest utility and it is $1 million for the County to get
the utility to them but maybe it is only $600,000 for Utility Inc. to get it to
them, is there any reason why the County could not work with Utilities Inc. to
be the provider of the service and just support it by the MSBU. Ms. Moore stated that has been looked
at. The $1 million project is for the
infrastructure. That would not be
connecting to Seminole County's water system.
They would actually be purchasing the water that goes through those
pipes from Utility Inc. so the cost to the County would be about the same. Upon inquiry by Chairman Dallari as to
whether it is possible to do a combination of some recovery in the rate as well
as the MSBU, Mr. Neff stated the County would charge the typical rate. That rate does not include any kind of cost
associated with any support for unique infrastructure for a specific
community. The County would charge their
rate to the customers but they would have to assess themselves for the
infrastructure cost for that infrastructure.
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Chairman Dallari announced that
there is a Work Session in Room 3024 in 10 minutes.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:23 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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