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.
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.
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
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.
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.
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).
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
Chairman Dallari announced the Health and Wellness Plan Design Work Session will start at approximately 11:00 a.m. in Room 3024.
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.
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.
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 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.
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.
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.
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.
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.
Chairman Dallari requested an update at the next meeting regarding where the County is with the Smart Meters.
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.
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.
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.
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.
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.
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.
Chairman Dallari announced that there is a Work Session in Room 3024 in 10 minutes.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:23 p.m., this same date.