BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
October 24, 2017
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, October 24, 2017, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner Carlton Henley (District 4)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
Deputy County Attorney Lynn Porter-Carlton
Deputy Clerk Kyla Spencer
Commissioner Lee Constantine (District 3)
Chairman Horan gave the invocation. Commissioner Henley led the Pledge of Allegiance.
The Business Spotlight video for Pathogend was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 - 2017-0372
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2017-R-165 honoring America’s Military Veterans, including more than 35,000 veterans living in Seminole County.
Districts 1, 2, 4 and 5 voted AYE.
Ed Burford, Seminole County Veterans Services Officer, addressed the Board and discussed the value veterans bring to the workplace, the state and the county.
COUNTY MANAGER’S CONSENT AGENDA
Commissioner Carey stated she has a couple of questions regarding Item #11 and would like for it to be pulled for a separate discussion.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize and approve the following:
2. Approve and authorize the Chairman to execute the Contract between Seminole County and the State of Florida Department of Health for operation of the Seminole County Health Department Contract Year 2017/18 in an amount not to exceed $807,970. (2017-0270)
Planning & Development
3. Approve the plat for the Hickman Commercial Replat containing two (2) lots on 2.87 acres zoned C-2 (Retail Commercial), located on the northeast corner of Hickman Drive and W. SR 46; Paramand Investment Group, Applicant. (2017-0351)
4. Approve the plat for the Retreat at Oregon subdivision containing thirty (30) lots on 9.59 acres zoned PD (Planned Development), located on the east side of North Oregon Street and south of Orange Boulevard; M/I Homes of Orlando, LLC. (2017-0343)
5. Approve the plat for the Station at Alafaya containing one (1) lot on 33.8 acres zoned PD (Planned Development), located on the east side of Alafaya Trail (SR 434) and on the north side of Park Road; LCD Acquisitions, LLC, Applicant. (2017-0348)
Solid Waste Management
6. Approve the renewal of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Connections of Florida d/b/a Progressive Waste Solutions of FL from October 24, 2017, to September 30, 2018. (2017-0368)
7. Approve the renewal of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with WCA of Florida, LLC from October 24, 2017, to September 30, 2018. (2017-0369)
8. Approve the renewal of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Management Inc. Florida from October 24, 2017, to September 30, 2018. (2017-0370)
9. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Recycling Services of Florida, Inc. effective from October 24, 2017, through September 30, 2018. (2017-0371)
10. Approve and authorize the Chairman to execute a Funding Agreement between Seminole County and United Arts of Central Florida, Inc. in the amount of $134,738 reflecting $.301879 per capita funding as part of the 2017/18 budget. (2017-0361)
11. Pulled for separate discussion by Commissioner Carey.
12. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-166 implementing Budget Amendment Request (BAR) #18-005 through General Fund Reserves in the amount of $141,750 to provide the County's match funds for True Health Federally Qualified Health Center to participate in the Low-Income Pool distribution, as approved at the September 26, 2017, BCC meeting. (2017-0359)
Purchasing & Contracts Division
13. Award RFP-602875-17/BJC, Payment Management Solutions, to Paymentus Corporation, Charlotte, North Carolina; authorize staff to negotiate fees, implementation schedule and timelines; and authorize the Purchasing & Contracts Division to execute the Agreement. Cost is based upon the usage and payment transaction type. (2017-0341)
14. Approve Amendment #3 to Work Order #1, Five Points Complex Connector Roadway, under PS-0009-15/RTB, Design of Minor Projects with construction costs less than $2,000,000, in the amount of $31,094.71 with Pegasus Engineering, Inc. of Winter Springs; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (2017-0354)
15. Approve Work Order #2, EE Williamson Road Trail/Longwood Hills Road Sidewalk, under PS-0426-15/AEH, MSA for Trail Projects Miscellaneous Engineering Services, with England-Thims & Miller, Inc. of Lake Mary, in the amount of $469,366.20; and authorize the Purchasing & Contracts Division to execute the Work Order. (2017-0357)
16. Award RFP-602894-17/TLR, Centralized Print Center Production Equipment and Software, to Konica Minolta Business Solutions USA, Ramsey, NJ; and authorize the Purchasing & Contracts Division to negotiate the finance leasing terms within the annual budget of $35,888.16; and execute the Agreement. (2017-0296)
Districts 1, 2, 4 and 5 voted AYE.
Consent Agenda Item #11 – 2017-0363
Commissioner Carey asked Clerk of Court & Comptroller Grant Maloy if he is still operating in the Oak Groves shopping plaza. Mr. Maloy answered he still has that office operating; however, the roof collapsed, the office flooded, and they lost some computers. He noted the shopping center is difficult to find, and it is not in the best of health. Mr. Maloy stated over a year ago, the County approached the Clerk’s Office informing them that they needed to do something because there were difficulties with the lease. He explained they looked at a list of available sites provided by the Facilities Department, and the site across the street in the Shoppes at Brantley Hall plaza is the perfect location. There is a traffic light, and they can get signage on the front of the building. Commissioner Carey agreed the Oak Groves office is a challenging site.
Commissioner Carey stated there is no language in the lease that allows for the Clerk’s operation to be on the monument sign. She opined having a sign out front is great, but having one on the monument is very helpful to people who are trying to find the Clerk’s Office. Mr. Maloy replied when they originally talked to the realtor, the realtor said they could have a sign on the marquee right on the road. Commissioner Carey pointed out it is not in the lease which is why she wanted to comment on it. It says there can be signage on the front of the building, but she would like for staff to clarify that the Clerk can have a spot on the monument sign as well.
Commissioner Carey explained the lease speaks to the fact that the landlord is going to put in a new HVAC system. She discussed the difference between an HVAC system for a retail store and an HVAC system for an office operation. She stated she wants to make sure that when they put the HVAC system in, it is properly sized for an office operation. Commissioner Carey expressed she understands that the Clerk will be responsible for changing the filters and those kinds of things, but somebody should be doing quarterly or semi-annual maintenance on the system. Since it is silent in the lease, she asked whose responsibility it will be to maintain the HVAC system. County Manager Nicole Guillet answered the regular, on-going maintenance of the HVAC system will be the County’s responsibility through their Facilities Department. Commissioner Carey confirmed with Ms. Guillet that the Item will be approved subject to the space on the monument sign and the HVAC system being properly sized for an office operation and not a retail operation.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute the Shoppes at Brantley Hall Lease between Seminole County and REC I/Brantley Hall Limited Partnership and the Memorandum of Lease and Notice Regarding Construction Liens for the Altamonte Springs branch office of the Clerk of the Circuit Court and Comptroller.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Horan asked whether or not the construction is underway for the improvements to the SafeHouse operation and movement project. Mr. Maloy answered construction is underway and it is looking very good. He commended the Facilities Department for their efficient work and suggested a possible ribbon-cutting ceremony. He stated it will be nice having some additional space for clerks to serve the domestic violence victims and to collocate with SafeHouse where victims can get attorney help for filing paperwork since clerks are not allowed to assist in that matter. Mr. Maloy invited the Board to visit the site. Chairman Horan asked when it would be done, and Mr. Maloy answered within a few weeks. Mr. Maloy explained they are repurposing a lot of the office work units that were brought over from other locations to be fiscally responsible. Ms. Guillet stated she will coordinate with the Clerk on getting a completion date and to create an opportunity for the Board to see the new space. Mr. Maloy stated he appreciates the Board’s help on this project.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller's Office
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the following:
17. Approve Expenditure Approval Lists dated September 25, October 2 and 9, 2017; Payroll Approval List dated October 5, 2017; and the BCC Official Minutes dated September 19 and 26, 2017. (2017-0364)
Districts 1, 2, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Executive Orders #2017-23 and #2017-25 extending the declared state of emergency.
2. Executive Order #2017-24 rescinding the mandatory enactment of Comprehensive Emergency Management Plans for all nursing homes, intermediate care facilities for developmentally disabled persons, and assisted living facilities without electricity and air conditioning.
3. Performance Bond #SU1146028 in the amount of $15,910.40, Recording of Plats, and Certificate of Title, for the project known as Steeple Chase Phase 2B.
4. Performance Bond #SU1146020 in the amount of $98,191.72, and Performance Bond #SU1146021 in the amount of $908,038.44, for the project known as Somerset at Sanford Farms.
5. Recording of Plats and Certificate of Title for the project known as Terracina at Lake Forest Replat of Lot C-2.
6. Recording of Plats and Certificate of Title for the project known as Garden Park Apartments.
7. Recording of Plats and Certificate of Title for the project known as 500 Townpark (Colonial Townpark Replat Lots 9 & 10).
8. Florida Public Service Commission Order #PSC-2017-0361-FOF-WS re: Application for increase in water and wastewater rates by Utilities, Inc., Docket #20160101-WS, issued September 25, 2017.
9. Florida Public Service Commission Amendatory Order #PSC-2017-0361A-FOF-WS re: Application for increase in water and wastewater rates by Utilities, Inc., Docket #20160101-WS, issued October 4, 2017.
10. Amendment #1 to the Cost Share Agreement between the St. Johns River Water Management District and Seminole County for Passive Nutrient-Loading Reduction Systems for Onsite Sewage Disposal Project.
11. First Amendment to Agreement for Services between Seminole County and Philip Mangano.
12. Parks Contract for Services with James L. Speake, Jr.; Jose Mouriz; Kelly C. Harle; Darin Wardle; Patricia Dale Moore; and Jerry Sauers.
13. Developer’s Commitment Agreement #16-20500052 for Skyway Beardall Planned Development.
14. Developer’s Commitment Agreement #16-20500049 for I-4 Commercial Site Planned Development.
15. Addendum #1 to Development Order #17-20500024 and Developer’s Commitment Agreement #17-20500020 for Estates at Wellington Planned Development.
16. Denial Development Order #17-30000051 for Robert J. Hansen, 1251 Sidcup Road.
17. Work Order #14 to CC-0559-15 with Central Florida Environmental Corp.
18. Work Orders #17, #18, and #19 to CC-0559-15 with Central Florida Environmental Corp.
19. Amendment #1 to Work Order #3 to RFP-0672-15 with The Colinas Group, Inc.
20. Change Order #2 to CC-1252-17 with Linton Enterprises, Inc.
21. Change Order #1 to CC-1310-17 with BSE Construction Group.
22. Change Order #1 to CC-1337-17 with Dager Construction, Inc.
23. Amendment #3 to Work Order #62 to PS-4388-09 with Reynolds Smith & Hills, Inc., as approved by the BCC on September 26, 2017.
24. Amendment #1 to Work Order #20 to PS-8146-12 with E Sciences, Inc.
25. Amendment #4 to Work Order #1 to PS-8186-13 with CPH, Inc.
26. Amendment #1 to Work Order #20 to PS-8186-13 with CPH, Inc.
27. Amendment #1 to Work Order #37 to PS-8186-13 with Reiss Engineering, Inc.
28. Closeout to Work Order #11 to CC-9072-13 with Linton Enterprises, Inc.
29. Change Orders #1 and #2 to Work Order #32 to CC-9192-13 with M&J Enterprises.
30. Amendment #1 to Work Order #21 to PS-9738-14 with E Sciences, Inc.
31. Amendment #2 to Work Order #3 to PS-9742-14 with CH2M Hill Engineers, Inc.
32. Amendment #1 to Work Order #4 to PS-9742-14 with CH2M Hill Engineers, Inc.
33. Thirteenth Amendment to RFP-600006-06 with Cato Environmental Services, Inc.
34. Eleventh Amendment to IFB-601448-12 with WCA of Florida, LLC.
35. Third Amendment to IFB-602510-16 with Parthenon Construction Company.
36. First Amendment to RFP-602702-16 with Ceres Environmental Services, Inc.
37. M-602868-17, Lease with Caterpillar Financial Services Corp.
38. Bids as follows:
BID-602945a-17 from Jackson Creek Manufacturing, Inc.; Jones Trailer Company; Deerskin Manufacturing, Inc.;
RFQ-602968-17 from TAG, Inc.; Pyramid School Products; Pioneer Manufacturing Company; Ewing Irrigation;
RFP-602894-17 from Dex Imaging, Inc.; Toshiba Business Solutions; Canon Solutions America; Xerox Corporation; Konica Minolta Business Solutions USA;
IFB-602969-17 from Chemsearch, a Division of NCH Corp.; Palmdale Oil Company, Inc.; On-site Antifreeze Recycling; Maudlin International Trucks; Safety-Kleen Systems, Inc.;
IFB-602958-17 from Trojan Battery Sales LLC; O’Reilly Automotive Stores, Inc. d/b/a O’Reilly Auto Parts; Interstate Batteries of Mid Florida Coast; Batteries by Fisher, Inc.; Bennett Auto Supply, Inc.; Royal Battery Distributors; and
RFP-602960-17 from Guardian Fleet Services, Inc. d/b/a Ace Wrecker; Miranda’s Towing.
Chairman Horan recessed the meeting at 10:01 a.m., reconvening at reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Commissioner Dallari, who was absent, and Deputy Clerk Kyla Spencer who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
SEMINOLE COUNTY PORT AUTHORITY CHECK PRESENTATION
Agenda Item #18 – 2017-0374
Andrew Van Gaale, Executive Director of the Seminole County Port Authority, addressed the Board and introduced Cliff Miller, Chairman of the Seminole County Port Authority. Mr. Van Gaale announced that he has a check for this year’s performance in the amount of $500,000. He added that the $500,000 is on top of $200,000 that was presented earlier for a yearly total of $700,000. Mr. Van Gaale advised that the Port Authority has the same amount budgeted again for the current fiscal year so this time next year, they will be back with another $700,000. He thanked the Board for all of their support.
Commissioner Carey pointed out that the Port, like many of the areas in her district, has had flooding. She announced they are going to have a community meeting in the board room at the Port on November 15 for the neighborhood adjacent to the Port that has had some flooding issues.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 2, 4, and 5 voted AYE.
NORTHRIDGE RESERVE REZONE/Zachary Miller
Agenda Item #19 – 2017-0041
Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to R-1AAA (Single-Family Dwelling) for a single-family residential subdivision on approximately 3.33 acres, located on the east side of I-4 and west of Northridge Drive, Zachary Miller, received and filed.
Rebecca Hammock, Planning & Zoning Division Manager, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Hammock stated there is currently a single-family house on the property that was built in 1953. The Applicant is requesting a rezone in order to develop the subject property as a seven-lot single-family residential subdivision with a minimum lot size of 13,500 square feet. Ms. Hammock discussed the future land use designation of Low Density Residential and noted there are no wetlands or floodplains on the subject property. The proposed project is located within the Grace Lake Drainage Basin; and the proposed development would be required to hold the entire 100-year, 24-hour storm event onsite. That is the County's most stringent retention requirement. She next talked about compatibility. The Planning & Zoning Commission voted unanimously for approval and staff is also recommending approval. Commissioner Carey discussed with Ms. Hammock the stormwater drainage for the property.
Zachary Miller, Applicant, addressed the Board to state he met with the HOA last week to address any of the neighbors’ concerns and he believes that once they showed the neighbors what they were doing, their issues have subsided. Mr. Miller offered to answer any questions.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt Ordinance #2017-40 enacting a Rezone from A-1 (Agriculture) to R-1AAA (Single-Family Dwelling) for 3.33 acres, located on the east side of I-4 and west of Northridge Drive, as described in the proof of publication; Zachary Miller, Applicant.
Districts 2, 4, and 5 voted AYE.
Chairman Horan noted for the record why Commissioners Constantine and Dallari are absent.
SMITH CANAL ROAD RIGHT-OF-WAY
M/I Homes of Orlando
Agenda Item #20 – 2017-0340
Proof of publication calling for a public hearing to adopt a Resolution vacating and abandoning an uncut portion of a public right-of-way known as Smith Canal Road, as recorded in Plat Book 1, Page 86, in the Public Records of Seminole County, Florida, for property located on the west side of South White Cedar Road, one-quarter mile south of West SR 46, M/I Homes of Orlando, received and filed.
Joy Giles, Project Manager, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Giles noted that the Applicant has petitioned the County to vacate an uncut portion of a public right-of-way which lies between Lot 17 and Lot 32 of the Smiths 3rd Subdivision Plat. The Applicant has provided letters of no objection from all applicable utility companies, and the request complies with all of the requirements of the Land Development Code. Ms. Giles advised that staff recommends approval.
Chad Moorhead, Madden Moorhead & Stokes, addressed the Board and offered to answer any questions. Mr. Moorhead confirmed that they will provide a 25-foot drainage easement along the southern property line of the project at the request of Public Works. He noted the drainage easement has nothing to do with the right-of-way vacate but he wanted to put on the record that they are willing to do that.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2017-R-167 vacating and abandoning an uncut portion of a public right-of-way known as Smith Canal Road, as recorded in Plat Book 1, Page 86, in the Public Records of Seminole County, Florida, for property located on the west side of South White Cedar Road, one-quarter mile south of West SR 46, as described in the proof of publication; M/I Homes of Orlando.
Districts 2, 4, and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey advised that she was not able to attend the Veterans Stand Down last Saturday but reported that support was given to over 60 veterans and their families. She thanked Mr. Burford and all of the volunteers who assisted in putting that event together.
With regard to the Central Florida Expressway Authority, Commissioner Carey talked about how they have partnered with Blackstone to accept customer payments at more than 1,000 locations in Central Florida. She discussed a presentation (CFX Status for the Readiness for Connection of Automated Vehicles) that was done by the U.S. Department of Transportation. She advised that Central Florida is one of ten areas where they are actually testing the automated vehicles. Commissioner Carey stated that it is a very interesting presentation and the DOT will be going around to all of the regional partners to make the presentation. Her office will get the information to the Commissioners.
Commissioner Carey advised that the FDOT has put out a request for proposals for design and construction of the noise buffering wall for the SunRail commuter train system maintenance facility in Sanford. That facility buffers the Preserve at Lake Monroe and there were a lot of issues there. They will be building a wall that is 22 feet high and 1,700 feet long and moving the mainline track about 15 feet to the north. It will be a $5.2 million project.
Commissioner Carey announced several Halloween events that will be happening this month. She also announced there will be a Veterans Day ceremony on November 11 at 11:00 a.m. at Veterans Memorial Park in Sanford. There will be a Veterans Day Tribute on November 11 at 6:00 p.m. at the Winter Springs Town Center.
Commissioner Carey’s ex parte information was received and filed.
Commissioner Henley remarked they were glad to get the $500,000 from the Port Authority. He advised that the Port weathered the hurricane very well although they are going to replace 22 skylights that were loosened and were leaking along with several panels. He stated that outside of those issues and a lot of water, the Port did pretty well. Commissioner Henley discussed occupancy and the election of new officers. The new chairman will be Mike McLean, the vice chairman will be Matt Criswell, treasurer will be Dana McBroom, and the secretary will be Cliff Miller.
Chairman Horan advised they have to appoint a SunRail Customer Service Advisory Committee person and that person has to be someone who regularly rides SunRail three times a week. He stated that Commissioner Dallari suggested Cynthia Tomerlin, who is a three-times-a-week rider.
Motion by Commissioner Carey, seconded by Commissioner Henley, to appoint Cynthia Tomerlin to the Customer Service Advisory Committee for SunRail.
Districts 2, 4 and 5 voted AYE.
Chairman Horan reported that there are major class action lawsuits that are pending in the United States that are being brought against manufacturers and distributors of opioids. The Chairman advised that Seminole County has been solicited by one of the firms involved in one of the causes of action to allow the firm to represent the County. The County Attorney's Office is looking at this. He noted that he has scheduled a meeting with the Sheriff's Office and he will be discussing it with the County Manager. Chairman Horan stated he wanted to alert the Commissioners to this and advised they will get the matter fully briefed by the County's legal department as to what the merits and demerits of being involved in the lawsuit would be.
In talking about the opioid epidemic, Commissioner Carey stated that someone from the health industry recently said if the insurance companies would stop paying for them, particularly for any length of time, it would probably really cut down on the number of prescriptions that were written because people would not get a 30‑day prescription and a 30‑day renewal. These are drugs that were intended for the most severe pain and to be taken for several days and then weaned off of them, not given for long periods of time. Commissioner Carey stated she thinks that somewhere along the line they ought to talk about that either with their Legislature, the Federal Legislature, or the County's own insurance policy.
Ms. Guillet stated they are going to ask the Board to talk about that at the next meeting. It is on the agenda for the next meeting to talk about some policy decisions to address the very issue that was just raised about the availability of these drugs and what the County might be able to do from a policy standpoint with respect to their own insurance coverage. They have been working with their insurance consultants on that and will be briefing all of the Commissioners before the next meeting. Discussion ensued with regard to how people innocently become hooked on opioids and the effect it has on their families. Ms. Guillet advised they can talk to both their state and federal advocates and see what their recommendations are with respect to the matter as well. Chairman Horan talked about it being a multifaceted problem that they have had for quite a while. He believes if they look at broader policies and what participation the County can have and the various remedies that are out there, they can advance the interests of their population quite a bit.
Chairman Horan requested a Resolution of Appreciation for Theo Hollerbach for his service on the Tourism Development Council.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2017-R-168 in appreciation to Theo Hollerbach for his service on the Tourism Development Council.
Districts 2, 4, and 5 voted AYE.
Chairman Horan talked about some communications he has received with regard to flooding and in particular communication from a resident on Wickham Drive. The Chairman stated he has been asked by a Homeowners Association to take a look at what is going on. They are talking about raising the road and all kinds of engineering solutions that might be utilized. He noted that even as a casual observer, it seems they are getting flooding patterns that seem to be different than they have been in the past. They seem to be more persistent and more extensive. Chairman Horan advised that he does not know what is going on and suggested when the waters recede, they get some intelligent data that can be analyzed and take a look at that, especially on the eastern side of the county and the eastern rural areas. He pointed out that Lake Jesup is going up every day.
Commissioner Carey pointed out that a lot of their river activity is impacted by Canal 54 in Fellsmere. She explained that recently, when Brevard County was flooding, they opened the dam to release some of the water. Once that happens, it takes about two to three weeks for the water to actually work its way down to Seminole County from that location. She also believes what has really caused the problem more than anything at this particular time is that the ground was already saturated, so there was nowhere for the water to go. They went through a number years where they had drought conditions and the water was absorbed pretty quickly. Once the ground is saturated and there is nowhere for the water to go, it comes into the floodplain. Commissioner Carey pointed out that most of the homes that were impacted by this were built at a time before 2008 when FEMA changed the flood maps and then discussed the changes to those flood maps.
Commissioner Carey talked about the impact that Tropical Storm Fay had to the river and how that effected the situation. She does not really think there is a lot that the County can do because until the river goes down, the water is not going to subside. She discussed the problems with raising a road and noted that sometimes something sounds like a good idea but if they do it, they have just created another situation because they do happen to be in the flood area. Commissioner Carey advised that they have identified all of the areas in the county that are subject to flooding; and in some of the areas, the waters have subsided. She discussed the areas where it will still take some time for the water to go down. She added that the water is not going to go down and not come out of people’s yards until the river subsides and gives some relief. Commissioner Carey talked about the need to address the mosquitos and Ms. Guillet advised the mosquito control folks have ramped up efforts but suggested if the Commissioners had any specific areas that they hear about to let her know.
Chairman Horan discussed the need to know what the flooding patterns are now. He believes there is something going on with Lake Jesup that is very different. Discussion ensued with regard to the entire system being connected and interrelated. Chairman Horan reiterated that when everything settles, he would like St. Johns and the people who really study these kinds of things to provide some intelligent data and analysis about what the future may hold. He discussed future development and the need to control the stormwater coming into the eastern rural areas. Ms. Guillet stated she does not believe it is just one region but is everything from the Indian River Lagoon up to Jacksonville because the whole system is connected. Commissioner Carey reminded that they had a hurricane that impacted the entire system and also south in the Lake Okeechobee area. It is all interconnected at some point and there are only so many dikes and dams in the system.
Chairman Horan stated that some issues were brought up concerning Wekiva Springs Road (which is a constrained road) regarding safety issues; and he asked Jean Jreij, Public Works, about the implementation of safety improvements somewhere in the schedule. Mr. Jreij advised they did a study in 2014 and identified some operation safety improvements. They have already done some of it and some of it they have not done yet, such as identifying several turn lanes in some areas and restriping. Chairman Horan asked if there is money in the sales tax to accomplish some this in the relatively near future. Mr. Jreij advised they can allocate some money and that it shouldn't be that much. The Chairman requested that Mr. Jreij contact Mr. Leman, who is representing several of the homeowners in that area, and explain what is going on.
Ms. Guillet cautioned, in an interest of managing expectations, that there is not a lot of opportunity of things to do because it is a constrained facility. She added there are limited opportunities for improvement but stated they will look at the study that was done and see what improvements the County has not pursued yet and how appropriate they might be. Mr. Jreij explained that as a constrained road, it cannot be widened to four lanes. Chairman Horan noted that he was not aware that it was a constrained road when he was talking with Mr. Leman, which explains a lot of the limitations they have. Mr. Jreij stated they are trying to do what they can in changing the operations to see how much they can improve it. The Chairman requested that Mr. Jreij work with Commissioner Constantine on this matter.
Chairman Horan reported that they received a letter today that the City of Apopka is objecting to the additional exit on Central Florida Expressway. He asked Commissioner Carey if this was in front of the Expressway Authority for the additional exit on the Wekiva Parkway; Commissioner Carey responded that she does not know but would be happy to take the letter. The Chairman requested that Commissioner Carey address that. Commissioner Carey stated any action would be at the Central Florida Expressway Authority and pointed out that Lake County is represented at the Authority as well as Orange County. Ms. Guillet explained that there has been a proposal by a couple of people to make that temporary interchange on Mt. Plymouth Road a permanent interchange, which is not consistent with the Wekiva Parkway Protection Act. Commissioner Carey advised that she will send a copy of the letter to the Expressway Authority. She will keep a copy and make sure Commissioner Constantine has a copy because they both serve on the Wekiva Commission.
With regard to impact fees, Chairman Horan announced that they have been getting some communication and will be getting a presentation soon by the School Board with regards to the impact fee. He would like the Board to keep in mind that this whole issue arose out of the modifications they wanted to make to the interlocal agreement and the issue of concurrency. He wants everybody to be aware of the fact that if they do accept a new impact fee, they need to make it clear that the change that may be agreed to is in exchange for removal of all references of concurrency as may be consistent with the state statutes. He wanted to make sure that when that comes in front of the Board, they are aware that is an issue that has to be handled with the impact fee as well.
Chairman Horan discussed two meetings regarding homelessness that he attended. In terms of their fundraising function, he explained how the Central Florida Commission on Homelessness' Executive Committee will be focusing on bridge funding. Chairman Horan referred to the effect of the Puerto Rico and Virgin Island evacuees on Central Florida and reported that as of last Friday, 145 children had enrolled in Seminole County schools from those islands. With the evacuees, he pointed out there will be a profound and material effect on homelessness and also affordable housing. He advised that in the coming weeks, there will be communications with regard to the problem and what effect it will have. He indicated that this will have a profound effect on the region; and Seminole County, as part of the region, needs to understand what this will do and how it will affect the County’s various social services.
Chairman Horan announced the Boys and Girls Club set a record for its annual fundraising and raised $200,000 at their Faces of the Future breakfast.
Chairman Horan informed the Board that he forwarded to them the proposal that has been made by the Florida Association of Counties (FAC) that will be presented by a former County Commissioner, who is a member of the Constitutional Revision Commission; and the proposal deals with unfunded mandates and preemptions. He invited the Commissioners to read the information. It is local governments' local governing bodies on the offense. Instead of playing defense, they are proposing a constitutional amendment that will require certain limitations that the Legislature would have to go through in order to impose unfunded mandates and in order to preempt certain particular areas. He stated this is in response to some other things that are going on. Chairman Horan advised that it is apparent that local governing bodies are under attack right now; they are getting attacked by the Legislature with unfunded mandates and preemptive legislation, and they are getting attacked from independent Constitutional Officers who are seeking to usurp or impede upon the powers of the local governing bodies.
Chairman Horan stated that it is important that they engage these things in an intelligent fashion and in a factual fashion. He stated to that end, they have been talking about putting some information on the County's website concerning some of the issues so that correct factual information goes out to the people with regards to these kinds of issues. The Chairman pointed out that this will be an interesting year relative to those issues as local governing bodies try to hang on to their appropriate authority on these particular issues because they are getting attacked from not just the Legislature but also other associations, such as the Clerk's Association and the Tax Collector's Association.
Chairman Horan announced that he will absent from the County and noted that Commissioner Carey will be available if something needs to be signed.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated September 28, 2017, from Ann Shortellle, Executive Director, St. Johns River Water Management District, to Chairman Horan re: invitation to the Governing Board Meeting to be held in the Winter Springs Commission Chambers on October, 10, 2017 from 9:30 a.m. to 2:00 p.m.
2. Notice of Public Hearing from the City of Sanford to consider an appeal of the approval of a conditional use of the former Mayfair Inn building to re-establish a transient lodging establishment. Meeting to be held in the Sanford Commission Chambers on October 23, 2017 at 7:00 p.m.
3. Letter dated October 17, 2017, from Chairman Horan, to Mary Sue Weinaug re: appointment to the Seminole County Tourism Development Council for a term to expire January 1, 2022.
4. Public Hearing Announcement from AECOM for SR 46 Project Development and Environment (PD&E) Study from SR 415 to CR 426. Meeting to be held in the Sanford Civic Center on November 14, 2017 at 5:30 p.m.
5. Letter dated October 18, 2017, from Robin Fowler, SHIP Compliance Administrator, Florida Housing Finance Corporation, to Chairman Horan re: SHIP Compliance Monitoring Review Response Acknowledgment Letter 2013-14.
6. Notice of Public Hearing from the City of Sanford to consider a rezone of property at 4001 S. Sanford Avenue. Meeting to be held in the Sanford Commission Chambers on November 2, 2017 at 10:00 a.m.
7. Postcards (48) received with the following statement: “Dear Commissioners Please add a resolution Opposing Single-Use Plastic Shopping Bags to the agenda for your November 14, 2017 meeting.” The postcards were signed by Barbara Shafranski, Harper Rogers, Al Gross, Joan Cave, Margaret Jenkins, Janell Larocque, Bill Brown, Denise Juipp, Brandon Forster, Linda Gross, Crystal Drummond, Marilue Dempsey, Charles, Pierce, Brittany Nethers, Brendan Ramirez, ChristineMincey, Jeffery Wilkinson, Tiffany Jenkins, Kristina Penteria, Amy Slogar, Mary Ann Coffey, Christina Miner, Robert, Miner, Ernest Langdon, Cheryle Palmer, Emily Bellairs, Gladys Figueroa, Charlene Thompson, Kristen Giambone, Minnie Pilson, Judy Lamberty, Michael Pineirs, Courtney Siegle, Meghan McCollum, Richard Drummond, Nadine Nasby, John Nasby, Marian Williams, Erin Nash, Cuerdy Remy, Kerri Smith, Lourdes Crosby, Sheila Horan, Helen McCain, Mike Dempsey, Tyson Slogar, Alvin McCall, and Paul Truman.
COUNTY MANAGER’S REPORT
Nicole Guillet, County Manager, gave a brief update regarding debris cleanup because she knows all of the Commissioners' offices are getting a lot of calls. She noted they are in week five of the effort and have picked up through the contractors over half a million cubic yards. She discussed the debris that has been brought to the residential drop‑off areas. Public Works has picked up between 46,000 to 47,000 cubic yards as well. Ms. Guillet stated she anticipates they will be through the first pass by the week of November 6. She discussed some of the areas where they have had to go back two or three times because of public safety issues, which delayed them in getting through the first pass countywide.
Ms. Guillet referred to a handout (copy not received and filed) and noted there are four residential drop‑off areas. She explained why they would like to close one of them (off of East Lake Mary Boulevard) at the beginning of next week. They would then like to start evaluating the other drop‑off areas because they would like to start shutting those down after they have completed a first pass countywide. Ms. Guillet advised that the other issue included in the handout is the fact that they have been charging just a $4‑a‑load flat fee at the landfill to try to expedite the processing. Once they finish that first pass, which should happen in the next two to three weeks, they would like to reinstate the regular tipping fee. She advised they will give plenty of notice on that. Ms. Guillet stated she wanted to let the Board know about the two actions that they plan on taking down the road unless there is some objection. She pointed out that while there is an expense with the residential drop-off areas, over 20,000 cubic yards have been dropped off so the areas are helping with the cleanup effort.
Upon inquiry by Chairman Horan as to action from the Board, Ms. Guillet stated she would like to make sure there are no objections to shutting down the Lake Mary residential drop-off area and would like to have the authority as they see the numbers start to diminish to make some decisions internally about closing them down. She stated they will certainly give folks notice. No objections were voiced. Commissioner Carey stated she believes Ms. Guillet certainly has the facts and information to make the call herself but stressed that they should keep the information on the forefront of the web page so people know what is going to happen. Ms. Guillet advised they will push it out on social media also, the neighborhood sites.
Chairman Horan asked Ms. Guillet about the reports that he has been getting about massive potholes out at the landfill in areas where people have to drive and she responded that she will check into it. The Chairman reported that an organization that clears Fort Lane Park contacted the County today and advised that in order to clear Fort Lane Park by early November or December, they have to get in and remove the people who are parking there that can’t park at their property because of the water. He requested that be addressed by the Public Works and Solid Waste people.
Chairman Horan asked when the public hearing regarding the PD&E for SR 46 is going to be. Mr. Jreij replied that it will be next month and advised that he will send an invitation to all of the Commissioners and send them a copy of the presentation. The Chairman stated he has been getting questions regarding the construction of the improvement on SR 46 and questioned when that work was going to be done. He clarified the portion he is asking about goes from Sanford and stops at SR 426. Mr. Jreij stated that DOT did that in two phases. The widening will be in the future and for that, they are doing the PD&E. Currently they are doing safety improvements. The Chairman confirmed with Mr. Jreij that they took the widening that is west of SR 426 out of the work plan. He referred to the widening east of SR 426 on SR 46 and asked if the only construction that is going to take place is going to relate to the safety improvements. Mr. Jreij stated it is currently under construction now for safety improvements by a DOT contractor.
Chairman Horan stated that going beyond that, going to the east has been taken out of the work plan. Mr. Jreij agreed. Commissioner Carey stated they only thing they may be looking at is out where SR 46 goes underwater. Some improvements were done after Tropical Storm Fay. They may be looking at that again because it went underwater again with this particular storm. Mr. Jreij clarified that the PD&E would be from Lake Mary to SR 426. Brief discussion ensued with regard to several future projects.
COUNTY ATTORNEY’S REPORT
Lynn Porter-Carlton, Deputy County Attorney, advised the Board that when the County Attorney’s Office received materials from two firms regarding the opioids litigation, Mr. Applegate asked her to review and analyze them. She has been spending time looking at the proposed theories, the causes of actions, and measure of damages. Ms. Porter-Carlton stated she will be happy to work with the County Manager’s Office on the opioid litigation issues. Chairman Horan stated they will leave the legal stuff up to the County Attorney’s Office. What he wants to do is the non-legal stuff, which is to make sure the Sheriff is on board with what the County is doing and get the Sheriff’s input. A discussion was had with regard to damages.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:42 p.m., this same date.