BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
December 12, 2017
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, December 12, 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 Lee Constantine (District 3)
Commissioner Robert Dallari (District 1)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Pastor Ward Hodges, Lighthouse Baptist Church, Sanford, gave the Invocation. Commissioner Dallari led the Pledge of Allegiance.
The Business Spotlight video for Alorica was postponed until the January meeting.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2017-0453
Diane Crews, President of Sanford Airport Authority, addressed the Board and presented the Sanford Airport’s 75th Celebration print to them. Ms. Crews talked about the Naval Air Station in Sanford, which was commissioned in 1942, and explained that the framed artist proof that is being presented today was done by a world renowned aviation artist and is of the first aircraft (the PV-1 Ventura) that was based out of the Naval Air Station in Sanford. The Commissioners expressed their appreciation.
Agenda Item #2 – 2017-0452
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve appropriate Resolution #2017-R-184 recognizing Emil v. Abrahamian, Technician Fifth Grade Retired, United States Army, as Seminole County’s December 2017 Veteran of the Month.
Districts 1, 2, 3, 4 and 5 voted AYE.
Technician Fifth Grade Abrahamian addressed the Board and the audience to express his appreciation. He also presented the Board with a 2016 poster he created for the Desert Storm War Memorial.
Agenda Item #3 – 2017-0458
Dr. Thomas O’Neal, UCF Director of the Center for Innovation and Entrepreneurship, addressed the Board and presented the UCF/Winter Springs Incubator update. Dr. O’Neal began his presentation entitled Florida High Tech Corridor (copy received and filed). He reviewed the Goals, Targeted Clients, Services, and A Smart Place to Start slides. He talked about what the UCFBIP does and its impact. The Other Supporting Economic Development Efforts slide was displayed and discussed.
Jason Fisher, client of the UCF Business Incubator Program, addressed the Board to continue the presentation. Mr. Fisher announced that his company, Actovoice, has been a business incubator client since 2016. He reviewed the bullet points on the Actovoice slide and talked about what his company does. Mr. Fisher explained that they rely on UCF support for things like business planning, marketing, and most importantly access to not only local business leaders but also channels to national and global relationships. This allows his company to channel the limited resources they have to more pure innovative work which will ultimately help them compete in the global marketplace.
Dr. O’Neal concluded his presentation by discussing the Entrepreneurship/Innovation Ecosystem diagram. He added that they want to make a global marketplace for their clients, and he believes they are well on their way to doing that.
Chairman Horan recessed the meeting of the Board of County Commissioners at 10:00 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
CRA Agenda Item #4 – 2017-0431
Tamsin Bell, Business Expansion and Retention Manager, addressed the Board and presented a request to approve and authorize the Chairman to execute a Resolution implementing FY 2017/18 Budget Amendment Request (BAR) #18-015 through the 17-92 CRA Fund in the amount of $4,189,058 to carryforward project balances from FY 2016/17 to FY 2017/18 as outlined in the Agenda Memorandum. Ms. Bell noted that the projects that are included in this Budget Amendment Request are the Sanford 17-92 Beautification, the Winter Springs/Florida Avenue Beautification, the Lake Mary/Weldon Boulevard Streetscape Beautification, Seminole County Spartan Turn Lane, Seminole County Sunland Improvements, and the Reagan Center.
With regard to public participation, no one in the audience spoke in support or in opposition to the item and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve and authorize the Chairman to execute appropriate Resolution #2017-R-185 implementing FY 2017/18 Budget Amendment Request (BAR) #18-015 through the 17-92 CRA Fund in the amount of $4,189,058 to carryforward project balances from FY 2016/17 to FY 2017/18.
Districts 1, 2, 3, 4 and 5 voted AYE.
CRA Agenda Item #5 – 2017-0446
Ms. Bell presented a request from Seminole County for previously approved Sunland Park improvements in the amount of $225,000, extending the completion date from August 23, 2018 to August 23, 2019 as outlined in the Agenda Memorandum.
With regard to public participation, no one in the audience spoke in support or in opposition to the item and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve a request from Seminole County for previously approved Sunland Park improvements in the amount of $225,000, extending the completion date from August 23, 2018 to August 23, 2019.
Districts 1, 2, 3, 4 and 5 voted AYE.
CRA Agenda Item #6 – 2017-0447
Ms. Bell presented a request to approve the Agreement with the City of Winter Springs to extend the U.S. 17-92 Community Redevelopment Grant deadline for the Florida Avenue streetscape improvement project from September 2, 2017 to September 2, 2018.
With regard to public participation, no one in the audience spoke in support or in opposition to the item and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the Agreement with the City of Winter Springs to extend the U.S. 17-92 Community Redevelopment Grant deadline for the Florida Avenue streetscape improvement project from September 2, 2017 to September 2, 2018.
Districts 1, 2, 3, 4 and 5 voted AYE.
CRA Agenda Item #7 – 2017-0443
Ms. Bell presented a request to approve the First Amendment to the CRA Redevelopment and Construction Grant Agreement between the City of Lake Mary and the U.S. 17-92 Community Redevelopment Agency extending the completion date for Gateway/Streetscape improvements at U.S. 17-92 and Weldon Boulevard from May 19, 2018 to May 19, 2019.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the First Amendment to the Weldon Boulevard Streetscape Project Agreement (CRA Redevelopment and Construction Grant Agreement) between the City of Lake Mary and the U.S. 17-92 Community Redevelopment Agency extending the completion date for Gateway/Streetscape improvements at U.S. 17-92 and Weldon Boulevard from May 19, 2018 to May 19, 2019.
Districts 1, 2, 3, 4 and 5 voted AYE.
Nicole Guillet, County Manager, advised that the CRA is scheduled to sunset this month and they are on track for that. She advised that this will be the final action and the final meeting of the Board as the CRA. She knows that the Commissioners have received briefings over the last several days and have been provided a summary of the funding history of the CRA and also an estimate of the dollars that will go back to the participating agencies. They will also share that information with the municipalities that are partners in the CRA.
Ms. Guillet explained that the action the Board took today will button up these projects. The money for these projects and any other outstanding projects that were discussed with the Commissioners will be held in escrow in the trust account but there will be no additional funding for any new projects moving forward. They will reconcile based on the escrow requirements for these projects with municipalities and hope this spring to transfer the money to all of the agencies that will be getting a refund from the trust fund.
Commissioner Dallari questioned whether there are any outstanding issues with the cities that are involved that have been reported from the cities to County staff. Ms. Guillet stated the only issues they know of were some projects they were still trying to complete, and they took care of those today. Commissioner Dallari confirmed with Ms. Guillet that once these projects are completed, there are no other outstanding issues that she is aware of. Ms. Guillet added that they have communicated estimates of the money that will be returned to the municipalities and they will provide updated information.
Ms. Guillet noted that there are a couple of operational items that are funded through the CRA, such as increased headwinds for the LYNX service on 17‑92. There is some streetlight funding and some landscape maintenance that occurs through the CRA funds. Those will be funded with CRA dollars through the end of this fiscal year because they were approved in the original budget. She explained they will wrestle with those in next year's budget and decide how to pay for those since they won't have the trust fund. That is something they can talk about in budget development in the spring.
With regard to the money that will be escrowed for these projects, Commissioner Carey asked if all of the money is not expended at the end, will that be reconciled once these dates all roll through. Ms. Guillet stated it will be reconciled in the same way that they are doing the available funds, so each local government that contributed will get a portion of that back if the funds are not expended.
Chairman Horan asked what the TIF was that the County contributed last year and Cecilia Monti, Resource Management, responded that for FY 2016/2017, the County paid $1.1 million and they are paying in about $1.26 million this year. The Chairman summarized that the various districts, including the County, will get $7,132,000 plus next year they will not charge the TIF so that will flow down into the General Fund.
Commissioner Dallari thanked all of the cities that have been participating over a number of years with the CRA as well as the different staffs, both at a city and county level. There has been a lot of hard work and a lot of good things have been accomplished. Chairman Horan joined Commissioner Dallari in thanking everyone.
Chairman Horan adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 10:10 a.m., and reconvened as the Board of County Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
Ms. Guillet announced that there are two add-on items. Item #37A is a Budget Amendment Request to accept grant funding and allocate the funding for the bear-resistant trash can project, and Item #37B is the Second Amendment to the Agreement with Philip Mangano for consulting services on the homelessness issue.
Commissioner Constantine requested that Items #8, #9, and #37A be pulled for a separate discussion. Commissioner Carey requested that Item #43 be pulled for a separate discussion.
With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to authorize and approve the following:
County Manager’s Office
8. Pulled for a separate discussion by Commissioner Constantine. (2017-0451)
9. Pulled for a separate discussion by Commissioner Constantine. (2017-0449)
10. Approve and authorize the Chairman to execute the State-Funded Grant Agreement between Seminole County and the State of Florida Department of Management Services for Legislative General Appropriations Act 2017/2018, Laws of Florida, Specific Line Item 2869A in the amount of $1,000,000 to fund an appropriations project related to HB 3475, the Seminole County Computer Aided Dispatch (CAD) System. (2017-0450)
Economic Development Division
11. Approve and authorize the Chairman to execute the Business Incubator Partnership Agreement between Seminole County and the University of Central Florida Research Foundation, Inc., in the amount of $240,000 for Fiscal Year 2017/18, for the purpose of supporting the UCF Business Incubator - Winter Springs. (2017-0381)
Tourism Development Division
12. Approve and authorize the Chairman to execute the First Amendment to Tourist Development Tax Funding Agreement FY 2017/2018 with the Central Florida Zoological Society, Inc. in the amount of $100,000 for the annual funding allocation for marketing, advertising, maintenance, enhancements, repairs and improvements. (2017-0435)
13. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-187 providing tournament personnel the ability to utilize golf carts on a specific segment of Lake Markham and South Sylvan Lake Roads for the Elite Clubs National League (ECNL) Boy’s Tournament on December 31 through January 2 and for the ECNL Girl’s Tournament on January 6 through January 8, 2018. (2017-0439)
Community Assistance Division
14. Approve and authorize the Chairman to execute the Modification Agreement in the amount $757,607 with the Florida Department of Economic Opportunity for the FFY 2017 Community Services Block Grant Program (CSBG). (2017-0373)
15. Approve and authorize the Chairman to execute the Central Florida Commission on Homelessness Community Services Funding Agreement Fiscal Year 2017/2018 in the amount of $44,000 to provide advocacy services for the homeless population in Central Florida. (2017-0437)
Community Development Division
16. Approve and accept the Neighborhood Stabilization Program Snapshot/Report for the month of October 2017 pursuant to Seminole County Resolution #2013-R-61. (2017-0399)
Planning & Development Division
17. Adopt appropriate Resolution #2017-R-188 vacating and abandoning a portion of a fifteen foot (15') Utility Easement on Lot 12, HOWELL COVE FIRST SECTION, as recorded in the Public Records of Seminole County, Florida, in Plat Book 20, Pages 74-75, more particularly known as 3545 Merivale Drive; John Jacobs, Applicant. (2017-0440)
18. Authorize the Chairman to execute two Satisfactions of Lien for Code Enforcement Special Magistrate Case #17-21-CESM and Case #17-22-CESM, at 4740 West SR 46, Sanford, Tax Parcel #29-19-30-300-006A-0000, owned by Michael Spears and James P. Grodecki, Co-Trustees. (2017-0385)
19. Adopt appropriate Resolution #2017-R-189 vacating and abandoning an Exclusive Access Easement to the benefit of Seminole County, as recorded in the Official Records of Seminole County, Book 3375, Pages 2010 through 2014, more particularly known as 90 Colonial Center Parkway; Thomas Green, Applicant. (2017-0403)
20. Approve the Fiscal Year 2017/2018 Service Funding Agreement between Seminole County and the Central Florida Regional Transportation Authority (LYNX) for the amount of $7,152,963. (2017-0421)
21. Authorize the Release of Water and Sewer Facilities Maintenance Bond #016068246 in the amount of $1,834 for subdivision known as Seminole Trace Replat, AutoZone Stores, LLC; Water and Sewer Facilities Maintenance Bond #59BSBGY6017-A in the amount of $38,541.42 for the subdivision known as Hampton Estates, Meritage Homes of Florida; Water and Sewer Facilities Maintenance Bond #09201449 in the amount of $1,983.26 for the subdivision known as Walmart Store #525-00 (Chase Groves); and Water and Sewer Improvements Cash Maintenance Bond in the amount of $247 for I-4 Industrial Park Lot 22, Space Port USA. Water and Sewer Maintenance Bond #SU1133489 in the amount of $25,158.88 for the subdivision known as Steeple Chase, Taylor Morrison of Florida, was released on September 19, 2017. (2017-0407)
22. Approve and authorize the Chairman to execute an Interagency Agreement between the Seminole County Sheriff’s Office, the Eighteenth Judicial Circuit for Brevard and Seminole County Public Defender’s Office, and Seminole County regarding the Public Defender’s Office Telephone Program in the John E. Polk Correctional Facility. (2017-0427)
23. Adopt appropriate Resolution #2017-R-190 and authorize the Chairman to execute a County Deed conveying property (Parcel Number 116.2) for the State Road 429 (Wekiva Parkway) Right-of-Way Project; FDOT FPN 240200-4. (2017-0428)
24. Approve and authorize the Chairman to execute a Reimbursement Agreement between Seminole County and the Homeowners of River Woods, Inc. for payment of $8,252 relating to a fire damage claim. (2017-0444)
25. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel Number 810 between Hometown Homeowners Association, Inc. and Seminole County for the acquisition of a permanent drainage easement needed for the Dean Road Widening Project for $30,000 as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to this parcel. In addition to the purchase price, Seminole county will also be installing a fence along the parcel frontage of Dean Road. (2017-0426)
26. Adopt appropriate Resolution 2017-R-191 and authorize the Chairman to accept a Warranty Deed from Jewel Williams Trust for property in the Mullet Lake area that is adjacent to property in the County's Natural Lands Program. (2017-0406)
Facilities Maintenance Division
27. Approve and authorize the Chairman to execute the Brio Business Center Lease for the Seminole County Office of Emergency Management's storage facility. (2017-0448)
Budget & Fiscal Management
28. Approve and authorize the Chairman to submit the Emergency Medical Services (EMS) Trust Grant Resolution (appropriate Resolution #2017-R-192) and Application in the amount of $82,919 from the Department of Health; approve and authorize the Chairman to execute the EMS Trust Grant Change Request #1 in the amount of $124,508 from previously awarded EMS Trust Funds to be used to purchase portable ventilators and training manikins. (2017-0433)
29. Approve and authorize the Chairman to execute a State Financial Assistance Recipient Grant Agreement with the Florida Department of Agriculture and Consumer Services in acceptance of up to $31,540 through their Arthropod (Mosquito) Control Program; and to execute appropriate Resolution #2017-R-193 implementing the Budget Amendment Request (BAR) #18-004 through the Mosquito Control Grant Fund in the reduction of $928 to adjust the adopted revenue with the awarded grant agreement. (2017-0360)
30. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-194 implementing Budget Amendment Request (BAR) #18-010 through various funds in the amount of $2,578,486.45 to Carryforward available grant balances from FY 2016/17 to FY 2017/18. (2017-0430)
31. Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $94,975 through the State Homeland Security Grant Program to support the sustainment of Urban Search and Rescue (USAR) team TF4 with equipment and training; and to execute appropriate Resolution #2017-R-195 implementing the Budget Amendment Request (BAR) #18-011 through the Public Safety Grants (Federal) Fund in the amount of $94,975 to recognize grant funding and establish budget. (2017-0423)
32. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-196 implementing the Budget Amendment Request (BAR) #18-012 through the Infrastructure Imp/Capital Projects Fund (via General Fund Reserves) to allocate additional funding for the Communication Tower Replacement Project in the amount of $155,215. (2017-0434)
33. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-197 implementing the Budget Amendment Request (BAR) #18-013 through the Animal Services Donation Fund to recognize revenue in the amount of $10,958 and to establish capital budget for the purchase of a Disaster Trailer through Animal Services Donations and Disaster Preparedness Funds. (2017-0459)
34. Approve and authorize the Chairman to execute the Certificate Regarding Matching Funds contained within the Memorandum of Agreement between the Florida Department of State and the Seminole County Supervisor of Elections; and to execute appropriate Resolution #2017-R-198 implementing Budget Amendment Request (BAR) #18-014 in the amount of $84,698 through the General Fund to appropriate grant funding for election activities. (2017-0454)
35. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-199 implementing Budget Amendment Request (BAR) #18-016 to Carryforward unexpended project budgets in the amount of $184,382,045.07 from FY 2016/17 to FY 2017/18. (2017-0432)
36. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-200 implementing Budget Amendment Request (BAR) #18-017 through a contribution donation from the Central Florida Foundation to the Homelessness Grant Fund in the amount of $24,945 to be used for Permanent Supportive Housing for chronically homeless people. (2017-0436)
37. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-201 implementing the Budget Amendment Request (BAR) #18-018 through the General Fund in the amount of $87,924 and through the Solid Waste Fund in the amount of $29,308, for a total of $117,232 to appropriate budget from reserves for Consulting Services related to Hurricane Matthew and Hurricane Irma which a portion is eligible for FEMA reimbursement. (2017-0441)
37A. Pulled for a separate discussion by Commissioner Constantine. (2017-0469)
37B. Approve and authorize the Chairman to execute the Second Amendment to the Agreement with Philip Mangano to provide consulting services related to the County's ongoing support of the countywide strategy of the Seminole Action Board, established through the Seminole Action Strategy to Impact and Reduce Homelessness. (2017-0470)
Purchasing & Contracts Division
38. Award IFB-602954-17/GCM, Term Contract for Commercial Backflow Prevention Control, to Nils Humberg Enterprises, LLC d/b/a Ace Flow Control, Longwood; and authorize the Purchasing & Contracts Division to execute the Agreement. The estimated annual usage for this agreement is $30,000. (2017-0404)
39. Award CC-1535-17/RTB, Construction Services Agreement for Southeast Regional WTP Fluoride System Improvements, in the amount of $358,800 to Odyssey Manufacturing Company of Tampa; and authorize the Purchasing & Contracts Division to execute the Agreement. (2017-0422)
40. Award RFP-602946-17/TLR, Property Acquisition Consultant Services Agreement, to Edwin R. Barfield, LLC, Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement. The compensation to the Consultant under this Agreement will be based on an hourly rate of $125 and the budget will be determined at the time of the acquisition. (2017-0429)
41. Approve the ranking list, authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, The Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute three (3) Master Service Agreements (MSAs) for PS-1522-17/AEJ, MSA for Professional Geotechnical and Construction Material Testing and Inspection Services; Estimated Annual Usage of $500,000. (2017-0438)
42. Approve the ranking list, and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, The Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Service Agreement (MSA) under PS-1529-17/RTB, Traffic Signal Retiming Services in Seminole County; Estimated Annual Usage $200,000. (2017-0425)
43. Pulled for a separate discussion by Commissioner Carey. (2017-0455)
Districts 1, 2, 3, 4 and 5 voted AYE.
Charles Davis, President of the Central Florida Zoo, requested an opportunity to address the Board. Commissioner Dallari thanked Mr. Davis for the business plan that the zoo provided. The Commissioner stated the plan was very satisfactory and he looks forward to working with Mr. Davis in the future. Mr. Davis announced that effective January 1, 2018, Sonny’s BBQ will be taking over concessions at the zoo and opening up a franchise restaurant that will be fully branded as Sonny’s.
Consent Agenda Items #8 and #9 - 2017-0451 & 2017-0449
Ms. Guillet discussed the request to adopt a Resolution creating Section 3.56 of the Seminole County Administrative Code by creating guidelines for reviewing, processing, and evaluating unsolicited proposals for qualified projects as public-private partnerships and the request to approve and authorize staff to move forward with the unsolicited proposal process in accordance with Seminole County Administrative Code Section 3.56. She noted that these two items travel together.
Ms. Guillet gave a brief history of the idea of consolidating all of county government at the Five Points property and advised that last year the Board requested that staff take another look at the space study that was done initially in conjunction with the idea of moving and consolidating all of the county operations to Five Points. She talked about the redevelopment project that the City of Sanford is pursuing and how that will affect the parking lot for the courthouse. There are a lot of questions that have arisen as to what to do about the civil courthouse since it is an aging courthouse that was built in 1972. The criminal courthouse was designed in anticipation of eventually moving the civil courthouse operations into that building.
Ms. Guillet reminded the Board that they asked staff to take another look at the Five Points project and update the space study. After getting the results of the study, there was a work session in July to discuss consolidation. She explained that a number of Commissioners requested that staff look at alternative methods of delivering a capital project as opposed to borrowing money, like they did for the Sports Complex.
Ms. Guillet referred to Seminole State College’s (SSC) new campus in Altamonte Springs and talked about how they used a delivery method known as P3 (public-private partnership). P3 is a project delivery method that is recognized by the Florida Legislature, and there is a Florida statute (Section 255.065) that specifically deals with public-private partnerships and the use of them in building public facilities. The statute governs all of the activities related to this particular project delivery method. Ms. Guillet discussed staff’s outreach to SSC and SSC’s partner in the project, who was Skanska, to find out how this worked. Staff realized this might be a potential delivery method for the Five Points project and that was discussed with the Commissioners at the July work session.
Ms. Guillet advised that in October an unsolicited proposal was received from Skanska along with an application fee (which had previously been approved by the Board several months earlier) since the statute requires a fee be submitted. Since that time, the County Attorney’s Office has worked with staff and helped develop the process that is Item #8, which would govern how the Board would deal with this or any other unsolicited proposal. The process is patterned after the requirements of Section 255.06, F.S.
With regard to Item #9, Ms. Guillet stated this item is to get direction from the Board as to what they want staff to do with the unsolicited proposal that was received. She asked if it is something that the Board wants staff to look at further; and if so, they need to solicit other proposals. Item #9 would authorize staff to open up solicitation for additional proposals consistent with the policy that is outlined in Item #8 and Section 255.06, F.S.
Ms. Guillet noted that there have been several requests for copies of the proposal that Skanska submitted and advised they are unable under the statute to release the proposal. There is a prohibition under the statute to release those documents if there is still a chance that the Board might consider the proposal. The intent is to encourage competition. Ms. Guillet reiterated that Item #8 would establish a process for public-private partnerships and Item #9 would authorize staff to do a solicitation to receive other proposals for the same project from other interested potential private partners. She stressed that at the end of the day, the Board can decide not to do anything with any of the proposals. Moving forward to take a look at what these private partners have to offer does not commit or obligate the Board to do the project. She believes the proposals that are received will help the Board make a decision if they want to move forward from a fiscal standpoint and an operational standpoint. Ms. Guillet emphasized that approving these two items in no way indicates that the Board is definitely moving forward with the project to move operations to Five Points.
Commissioner Constantine explained that this is like a bid in a sense, and all bids are private until a decision is made. What is being established with Item #8 is a process and with Item #9 a solicitation of additional proposals. The Commissioner stated if the Board does eventually choose one, that will be in public and it will be voted on and everyone will have an ability to comment and see what is being proposed. Bryant Applegate, County Attorney, emphasized that what the Board is adopting mirrors the statute.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt appropriate Resolution #2017-R-186 creating Section 3.56 of the Seminole County Administrative Code by creating guidelines for reviewing, processing, and evaluating unsolicited proposals for qualified projects as public-private partnerships (Item #8); and approve and authorize staff to move forward with the unsolicited proposal process in accordance with Seminole County Administrative Code Section 3.56 (Item #9).
Under discussion, Commissioner Carey explained that the Board started looking at this again in 2006 because the County does have a lot of valuable assets sitting on the waterfront. They do have aging buildings that are probably getting to the point where it is not smart to invest additionally in them. Building a parking garage for parking for the civil courthouse, which is a 1970’s building, would not make a lot of sense. The Commissioner stated that, as they talked about before and at the work session, Phase I may be to move the civil courthouse into the criminal courthouse, which was always intended to happen and is why the criminal courthouse was built the way it was built. In order to do that, they would need to build the first building to move the folks that are in the criminal courthouse out.
Commissioner Carey stated the Board has always been very fiscally responsible. When they look at creative ways to accomplish goals without doing it on the backs of taxpayers and look at all options, the Board is doing exactly as they always have done; and that is to plan what needs to happen, figure out how they are going to live within the budget, and be able to afford to pay for the project. She believes there are options in the public-private partnership that will allow the County to do that sooner rather than later.
Ms. Guillet advised that the unsolicited proposal that was received has not been seen by any of the Board members. It has been kept on a staff level. If the Board approves Item #9 and moves forward, they will see any proposals that are received all at the same time and they will be treated like a standard procurement. Decisions for that would be made in a public forum. Commissioner Dallari stated he appreciates Ms. Guillet telling everyone in the public that the Commissioners have not seen the proposal because he thinks that is important.
Commissioner Dallari asked Ms. Guillet when they might be getting proposals or making a decision regarding the actual timeframe. Ms. Guillet stated staff’s recommendation in Item #9 is that the Board establish a 90-day window so people will have 90 days to develop and submit a proposal. Commissioner Dallari asked what happens to the actual filing fee that was submitted and wondered if that goes back. Ms. Guillet stated the filing fee is somewhat tiered in that there are a number of different steps. It is a very involved process with multiple pages of process for the review. There are several different stages in the review process. People will move from one stage to the next; and if, for some reason, a proposer drops out before a detailed review, they could get part of the fee back.
Ms. Guillet advised that they will have to hire architectural experts and engineering experts to assist in the review, and that is why there is a significant fee. There are significant time and cost factors involved in reviewing the proposals. Another reason for the significant fee is to ensure that they have serious proposers submitting. If a proposer moves through the entire process, there may be a need to ask for additional funding for additional review. Ms. Guillet reiterated that if a proposer stops at an early stage of the process and decides to back out, a portion of the application fee could be refunded.
Commissioner Carey noted that someone will pay the fee for the unsolicited proposal to show they are a serious proposer. She asked if the County is now going to solicit proposals, are they going to send the fee back to the unsolicited proposal firm so they can just submit a proposal along with everyone else. Ms. Guillet stated they will not send the fee back. Staff has not yet developed the scope for this proposal because they don’t have authorization to do that yet; but if based on the scope and based on the process the Board adopts, there is information that is missing from the original proposal and it is not as complete as staff would like it to be, they will be given an opportunity to update their proposal to meet the same criteria that everyone else is expected to meet. If the proposer decides they do not want to do that, they can get a refund of their application fee.
Ms. Guillet explained they are not going to refund the fee and then have the proposer resubmit a proposal. The fee has been paid and they will be able to adjust their proposal consistent with what the requirements are for every other proposer. Chairman Horan praised the Legislature for passing the statute and giving the County some procedures for implementing a project delivery method that is in the private sector and has been done successfully.
Districts 1, 2, 3, 4 and 5 voted AYE.
Consent Agenda Item #37A - 2017-0469
With regard to the request for approval of a Resolution implementing a Budget Amendment Request to appropriate $189,000 in grant funding and $71,195 in reinvestment revenues from the sale of bear-resistant trash cans, Commissioner Constantine stated he wanted to highlight this item because he knows that everyone is so proud of the fact that they have led the state in this urban bear ordinance and proud of what the citizens of Seminole County have been able to accomplish regarding this program. Commissioner Constantine discussed The Springs and their decision to buy 900 cans. He announced that Sable Point has agreed to buy cans for 100% of all their single-family homes.
Commissioner Constantine advised with these funds, they have another 1,650 cans that they can purchase. However, they have requests for over approximately 2,500 cans. He then talked about an article that was in the newspaper yesterday about citizens in Seminole County that retrofitted bear cans in the proposed neighborhoods at $10 a can. He believes this looks like an opportunity for the County to do some sort of public-private partnership with their own citizens about retrofitting. He explained why he would like the County Manager and her staff to look into this. Commissioner Carey reported that there is a video on the County’s website about retrofitting cans and noted that a lot of folks have done that. She thanked the communities that have agreed to mandatorily require the cans and have helped to address this issue. She stated it is great to see so many communities wanting to participate in this program.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to approve and authorize the Chairman to execute appropriate Resolution #2017-R-202 implementing Budget Amendment Request (BAR) #18-019 through the Solid Waste Fund in the total amount of $260,195 to appropriate $189,000 in grant funding and $71,195 in reinvestment revenues from the sale of bear-resistant trash cans; and approve the request that staff look into other opportunities to bear-proof garbage cans.
Districts 1, 2, 3, 4 and 5 voted AYE.
Consent Agenda Item #43 – 2017-0455
With regard to the request to approve renewal of the County’s Workers’ Compensation, Property, Casualty Package, Boiler and Machinery, Cyber and Internet Liability, Pollution Liability, and Federal Flood Insurance Programs for calendar year 2018 with authorization to bind coverages effective January 1, 2018, Commissioner Carey stated she pulled this item because she had questions for the County Manager. There is an increase coming regarding the renewal of the property insurance even though they are eliminating the previous $5 million deductible cap. She asked what the increase was in dollars; if there is an incident, what does the deductible become.
Edward Bass, Resource Management, addressed the Board and reported that they had many discussions with their broker. They looked at the history of the last two storms; and with the property insurance they had, they were “on the hook” for the first $250,000 before the deductible kicked in for a windstorm. The County was under that amount and did not have to get into the deductible for a named windstorm. After looking at this information with the broker, Mr. Bass explained they decided to go from 2% to 3%. If they were to have a major windstorm and lost all of their assets, with that 1% difference they could possibly get into the deductible for about $7 million because they have $700 million worth of assets. Mr. Bass suggested they keep in mind that the percentage is per building structure; so if there was one building damaged, they would have 3% for the value of that building. He added they also would be able to apply to FEMA for reimbursement of the deductibles as well. Discussion ensued with regard to FEMA reimbursement and possible pilot programs.
Commissioner Dallari asked about the cladding of the County’s buildings and whether or not it is being inspected. Mr. Bass stated he thinks Facilities does look at that but he agreed to report back to the Board about that.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve renewal of the County’s Workers’ Compensation, Property, Casualty Package, Boiler and Machinery, Cyber and Internet Liability, Pollution Liability, and Federal Flood Insurance Programs for calendar year 2018 with authorization to bind coverages effective January 1, 2018.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the following:
44. Approve Expenditure Approval Lists dated October 30, November 6, 13, and 20, 2017; and Payroll Approval Lists dated November 2 and 16, 2017. (2017-0445)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Executive Orders #2017-29, #2017-30, and #2017-31 extending the declared state of emergency.
2. Executive Orders #2017-32 rescinding the temporary no wake zone within the St. Johns River Waterway; #2017-33 rescinding the ban on boating of all types on the St. Johns River; and #2017-34 establishing a temporary no wake zone within the St. Johns River Waterway and Lake Jesup.
3. Letter dated November 14, 2017, from Judy Eckenroth, Tax Deed Clerk, to the Board of County Commissioners regarding Tax Certificate for Lands Available for Taxes Listing, Tax Deed Sale of October 12, 2017, Parcel ID #25-19-30-5AG-120B-0020.
4. Maintenance Bond #SU1147473 for Water and Sewer Facilities in the amount of $21,116.24 and Performance Bond #SU1147485 in the amount of $117,002.56 for the project known as Steeple Chase Replat 2B; Taylor Morrison of Florida, Inc.
5. Cash Maintenance Bond (Public Roads) in the amount of $2,328.32 for the project known as Waterside II; Waterside 2 Lake Mary, LLC.
6. Right-of-Way Utilization Permit Maintenance Bond #K09594280-M in the amount of $13,942 for the right-of-way known as Longwood-Lake Mary Road; Classic Neighborhood Development LLC.
7. Recording of Plats and Certificate of Title for the project known as Lake Monroe I-4 Final Plat.
8. Florida Public Service Commission Order #PSC-2017-0437-TRF-GU approving 2018 GRIP surcharges for various utility companies, Docket #20170190-GU, issued November 16, 2017.
9. Florida Public Service Commission Order #PSC-2017-0442-TRF-GU approving revised Swing Service Rider Tariff for various utility companies, Docket #20170191-GU, issued November 17, 2017.
10. Order Form for various Skillsoft products executed by the Contracts & Purchasing Manager on October 31, 2017.
11. Bill of Sale from Taylor Morrison of Florida, LLC for acceptance of the potable and reclaimed water and sewer systems within the project known as Steeple Chase PH 2B.
12. Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with Park Square Enterprises, LLC for the project known as Wexham Court.
13. Bill of Sale from ABC Liquors, Inc. for acceptance of the potable water system within the project known as ABC Fine Wine and Spirits Store #81.
14. Water and Sewer Improvements Cash Maintenance Bond in the amount of $709 and Maintenance and Escrow Agreement for the project known as ABC Fine Wine Store #81.
15. Addendum #1 to the Lake Howell Reserve aka Hawk’s Crest Phase I Developer’s Commitment Agreement (DCA) #17-20500030; Reserve at Lake Howell Property Owner Association.
16. Development Order #17-30000079, 1295 Oakford Place, Sean and Lucia Lynch (as approved by the Board of Adjustment on August 28, 2017).
17. Development Orders #17-30000077, 1720 Bomi Circle, Eileen Kelly; #17-30000080, 2500 East 21 Street, Jannie M. Harden and Cleaster Grigley; #17-30000081, Lot 8 BLK I Gary Boulevard, Richard M. Peck; #17-30000082, Lot 7 Hawkins Avenue, Samantha E. Tanner; #17-30000083, 369 Lakebreeze Circle, Stephanie Santilli; #17-30000084, 105 Brantley Hall Lane, Alan D. Wiginton, Trustee; #17-30000085, 101 Brantley Hall Lane, Brantley Harbour Homeowners Association, Inc.; #17-30000086, 1860 Lake Markham Road, Chad J. Elkins; #17-30000087, 895 Reedy Cove, Vilija Turkevicius; #17-30000089, 1234 Hayclon Drive, Wanda G. and Guy F. Perkins; #17-30000090, 109 Spring Valley Loop, Peter and Gabriele Acks; #17-30000091, 119 Lake Rena Drive, Paul S. and Karen S. Jones; and #17-32000010, 1711 Orange Boulevard (three parcels), City Church of Orlando (as approved by the Board of Adjustment on September 25, 2017).
18. Parks Contracts for Services with Jeffrey Warren Shiflett, Patricia Brandler, Thomas A.D. Jones, Lenon Anderson, Richard A. Martin, Tamara (Tami) Boshart, and Kenneth L. Alston.
19. Tennis Developmental Instructor Agreement with Joshua Welborne.
20. Tourist Tax Funding Agreement with Central Florida Youth Tackle Football League, Inc. for AYF Southeast Regional.
21. Tourist Tax Funding Agreement with Proswings.com LLC for Power 50 Invitational.
22. Tourist Tax Funding Agreement with Team NJ Softball LLC for 2017 Florida Classic.
23. CDBG Funding Approval/Agreement, Funding Approval and HOME Investment Partnerships Agreement, and ESG Funding Approval/Agreement regarding HUD One-Year Action Plan 2017-2018, as approved by the BCC on July 25, 2017.
24. Adult Drug Court Services Agreements (2) with Aspire Health Partners, Inc. and 18th Judicial Circuit Court for Program Years 2017/2018, 2018/2019 and 2019/2020.
25. IFB-602939-17, Term Contract for the Purchase of EMS Supplies and Related Components, with Bound Tree Medical LLC.
26. IFB-602963-17, Term Contract for Automotive Window Tinting Services, with FWT Services, Inc. d/b/a Flying Window Tinters.
27. IFB-602969-17, Term Contracts (2) for Purchase of Automotive Oils and Lubricants, with Palmdale Oil Company, Inc. and Maudlin International Trucks, LLC.
28. RFP-602971, Term Contracts (4) for the Purchase of Automotive Parts and Supplies, with Orlando Freightliner, Inc.; TPH Holdings, LLC d/b/a The Parts House; Total Truck Parts, Inc.; and Rush Truck Centers of Florida, Inc.
29. RFP-602960-17, Term Contract for Towing and Recovery Services, with JZM, Inc. d/b/a Miranda’s Towing.
30. Closeout of Work Order #10 to CC-0559-15 with Southland Construction.
31. Closeout of Work Orders #17 and #19 to CC-0559-15 with Central Florida Environmental Corp.
32. Change Order #1 to Work Order #16 to CC-0559-15 with Southland Construction.
33. Change Order #1 to CC-1342-17 with Corinthian Builders, Inc.
34. Change Order #1 to CC-1414-17 with Hiatt Construction, LLC.
35. Work Order #36 to CC-9192-13 with M&J Enterprises International, Inc.
36. Change Order #3 to Work Order #32 to CC-9192-13 with M&J Enterprises International, Inc.
37. Change Order #4 to Work Order #28 to CC-9192-13 with Corinthian Builders, Inc.
38. Change Order #1 to Work Order #33 to CC-9192-13 with Linton Enterprises, Inc.
39. Third Amendment to IFB-602326-15 with Herc Rentals, Inc.
40. Work Order #7 to PS-0157-15 with S2L, Inc.
41. Amendment #6 to Work Order #2 to PS-4202-09 with Dewberry Bowyer-Singleton.
42. Amendment #9 to Work Order #1 to PS-5738-10 with URS Corporation Southern.
43. Work Order #20 to PS-6865-11 with S2L, Inc.
44. Amendment #1 to Work Order #31 to PS-7643-12 with Southeastern Surveying and Mapping Corp.
45. Work Order #21 to PS-8146-12 with E Sciences, Incorporated.
46. Work Order #80 to PS-8148-12 with CDM Smith, Inc.
47. Amendment #1 to Work Order #79 to PS-8148-12 with CDM Smith, Inc.
48. Amendment #3 to Work Order #1 to PS-9351-14 with CPH, Inc.
49. Work Order #3 to PS-9464-14 with GAI Consultants, Inc.
50. Work Order #4 to RFP-0672-15 with The Colinas Group, Inc.
51. Work Orders #8 and #9 to RFP-9601-14 with Revere Control Systems, Inc.
52. Bids as follows:
CC-1385-17 from P&S Paving, Inc.; Hubbard Construction Company; Carr & Collier, Inc.; Gibbs & Register, Inc.;
RFP-602946-17 from The Triece Company; Edwin R. Barfield, LLC d/b/a Barfield Group; Redevelopment Management Associates (RMA);
CC-1290-17 from Corinthian Builders, Inc.; Glen Holt Aluminum LLC; Linton Enterprises, Inc.;
CC-1331-17 from Linton Enterprises, Inc.; Glen Holt Aluminum, LLC; Corinthian Builders, Inc.;
IFB-602939-17 from Midwest Medical Supply Company, LLC; Henry Schein, Inc.; Moore Medical, LLC; Bound Tree Medical, LLC; Medical Equipment Sales, Inc.; QuadMed, Inc.;
CC-1498-17 from TLC Diversified, Inc.; L7 Construction, Inc.; SGS Contracting Services, Inc.; U.S. Water Services Corporation; Carr & Collier, Inc.; and
CC-1535-17 from Odyssey Manufacturing Company; TLC Diversified, Inc.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
45. Approve appropriation of $205,500 from the Law Enforcement Trust Fund for Fiscal Year 2017/18 to provide funding to various support organizations within the community to assist in crime prevention, safe neighborhoods and programs for at-risk populations. (2017-0461)
46. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-203 implementing BAR #18-007 to carryforward and appropriate $160,000 of unutilized contingency funds from the Sheriff’s fiscal year 2016/17 to provide funding for the renovation and expansion of the SCSO Communications Center. (2017-0462)
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #47 – 2017-0297
Mary Robinson, Planning and Development, addressed the Board to present a request for a Special Event Permit for the Wekiva Island Beat the Winter Blues event as outlined in the Agenda Memorandum. Ms. Robinson advised that the proposed activities are movie nights, craft beer and wine celebrations, and a Mardi Gras party. She pointed out that the Special Event Permit in the Agenda Memorandum includes findings and conditions of approval.
Ms. Guillet reported that this permit is in lieu of the event (Fall Frolic) that was approved in the fall which was cancelled because of the storm. Commissioner Carey advised Wekiva Island is limited in the number of special events they can have so the cancelled event won’t count against them.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve a Special Event Permit for the Wekiva Island Beat the Winter Blues on January 12 through February 11, 2018, located at 1000-1014 Miami Springs Drive, Longwood, subject to staff’s recommended conditions of approval; Mary Sue Weinaug, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #48 – 2017-0442
Tricia Setzer, Economic Development and Community Relations, addressed the Board and presented the request for a Jobs Growth Incentive (JGI) Funding Agreement with Superion, LLC as outlined in the Agenda Memorandum. Ms. Setzer briefly described the Jobs Growth Incentive program.
Ms. Setzer explained that Superion, LLC is a comprehensive, software business providing computer-based solutions for more than 1,800 local governmental bodies. They are an existing business in the city of Lake Mary, previously doing business as SunGard Public Sector. The project will bring hundreds of new jobs to the area, increase their current footprint by 30,000 square feet, and will create 355 new jobs with an average annual wage of $55,177. The total incentive award for this JGI is $355,000 with Seminole County contributing 50% of the incentive in the amount of $177,500. She talked about how the JGI is performance based and what the County’s return on investment will be. Ms. Setzer advised that the City of Lake Mary voted to support and execute the JGI Interlocal Agreement.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve: (1) the Jobs Growth Incentive (JGI) Funding Agreement with Superion, LLC, providing an incentive of $1,000 per job, for a total of $355,000 to be split evenly with the City of Lake Mary, for the creation of three hundred and fifty-five (355) jobs; and (2) the Interlocal Funding Agreement between Seminole County and the City of Lake Mary, addressing the City’s contribution to the JGI incentive ($177,500).
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Ms. Guillet announced that staff is going to recommend that Item #51, which is a public hearing about the school impact fees, be tabled until the first meeting in January.
Chairman Horan recessed the meeting at 10:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Jane Spencer who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
TIMOCUAN WAY REZONE/Mike Hattaway
Agenda Item #49 – PH-2017-0048
Proof of publication calling for a public hearing to consider adoption of an Ordinance enacting a Rezone from M1-A (Very Light Industrial) to C-3 (General Commercial & Wholesale) for approximately 3 acres, located on the east side of Timocuan Way, approximately ¼ mile south of General Hutchinson Parkway, Mike Hattaway, received and filed.
Paul Ashworth, Planning & Development Division, addressed the Board to present the item as outlined in the Agenda Memorandum. He advised the Planning & Zoning Commission recommended adoption of the Ordinance and staff also recommends approval of the Rezone.
Mike Hattaway, Applicant, addressed the Board stating he concurs with staff’s comments and is here to answer any questions the Board may have.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #49, and public input was closed.
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt Ordinance #2017-43 enacting a Rezone from M1-A (Very Light Industrial) to C-3 (General Commercial & Wholesale) for approximately 3 acres, located on the east side of Timocuan Way, approximately ¼ mile south of General Hutchinson Parkway, as described in the proof of publication; Mike Hattaway, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
BARKINGHAM PALACE REZONE/Candi Pearce
Agenda Item #50 – 2017-0047
Proof of publication calling for a public hearing to consider adoption of an Ordinance enacting a Rezone from A-1 (Agriculture) to C-2 (Retail Commercial) on approximately 1.53 acres, located on the west side of SR 426, approximately ¼ mile south of West Chapman Road, Candi Pearce, received and filed.
Mr. Ashworth presented the item as outlined in the Agenda Memorandum. He advised the Planning & Zoning Commission recommended adoption of the Ordinance and staff also recommends approval of the Rezone.
David Stokes with Madden, Moorhead and Stokes, on behalf of the Applicant, addressed the Board to state they concur with staff’s recommendation and are in attendance to answer any questions the Board may have.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #50, and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2017-44 enacting a Rezone from A-1 (Agriculture) to C-2 (Retail Commercial) on approximately 1.53 acres, located on the west side of SR 426, approximately ¼ mile south of West Chapman Road as presented, as described in the proof of publication; Candi Pearce, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
SCHOOL IMPACT FEE LDC AMENDMENT
(Continued from 11/14/17)
Agenda Item #51 – 2017-0043
Proof of publication calling for a public hearing to consider an Ordinance amending Chapter 105, Educational System Impact Fees, Land Development Code of Seminole County, providing notice that the revised Educational Impact Fee rates established by this Ordinance shall be effective 90 days from the date of adoption of this Ordinance, providing for codification in the Land Development Code of Seminole County, providing for severability, and providing an effective date, received and filed.
Paul Chipok, Senior Assistant County Attorney, advised they received correspondence from the School Board that they are requesting a continuance of this item to the January 9th BCC meeting so the Superintendent can be in attendance, and to also work out additional details with the city. He advised staff concurs with the request for a continuance.
With regard to public participation, no one in the audience spoke in support or in opposition to a continuance of Item #51, and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to continue to January 9, 2018 at 1:30 p.m., or as soon thereafter as possible, a public hearing to consider an Ordinance amending Chapter 105, Educational System Impact Fees, Land Development Code of Seminole County, providing notice that the revised Educational Impact Fee rates established by this Ordinance shall be effective 90 days from the date of adoption of this Ordinance, providing for codification in the Land Development Code of Seminole County, providing for severability, and providing an effective date; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
ALTERNATIVE EDUCATIONAL SYSTEM IMPACT FEES
MORATORIUM EXTENSION AND LDC AMENDMENT
Agenda Item #52 – 2017-0330
Proof of publication calling for a public hearing to consider an Ordinance, Alternative Educational System Impact Fees, adopting findings, amending Section 105.24 of the Land Development Code Educational System Impact Fee Calculation, providing for payment of Educational Impact Fees under protest during the time of moratorium, extending and imposing a moratorium on the acceptance of applications for calculations of an Alternative Education System Impact Fees, providing for penalties, providing for severability, and providing for an effective date, received and filed.
Mr. Chipok presented the item as outlined in the Agenda Memorandum. He advised this is a “clean-up” item; they already have the moratorium ordinance in place for the alternative impact fees for schools. This would continue it another 63 days, which would bring the date out to February 16th. He noted the Planning & Zoning Commission did recommend approval.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #52, and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt Ordinance #2017-45 extending and imposing a moratorium established by Ordinance #2017-39 on the acceptance of applications for calculations of an Alternative Educational System Impact Fee for an additional 63 days, from December 15, 2017 to February 16, 2018; and amending Section 105.24 of the Seminole County Land Development Code allowing for payment under protest during the time of the moratorium, providing for penalties, providing for severability, and providing for an effective date; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan reported that a transaction has come to the Board’s attention with regard to the sale and lease of some property by the Tax Collector. With the Board’s consent, he asked the Honorable Joel Greenberg to discuss the transaction.
Joel Greenberg, Tax Collector, addressed the Board and distributed two documents entitled “Proposal for Central Florida DMV” and “Memorandum–Overview of Central Florida DMV” (received and filed). He stated the documents include a summary and a description of the transaction that is in the process of the due diligence period between his office and an investment fund located outside of the state of Florida. The transaction is for the sale of the four properties of which the Tax Collector retains title in the amount of $13.2 million, which equates to roughly $410 per square foot. He explained the purpose is to address many issues, one of them being their ability to expand into new locations by converting the equity they have in the buildings into cash. They will be partnering with Orange County to develop the Central Florida DMV. He noted years ago, the State maintained many DMV locations throughout the state and now the Tax Collector of each county has the responsibility for the DMV services. He stated they lose money on many of the services they perform, one of them being driver’s license transactions. They receive $6.25 per transaction from the State, and when totaling the overhead and costs involved, each transaction ends up costing their office about $2.50 to $3.00. Another issue is the amount of traffic they see coming from Orange County, about 35% to 40% of their driver’s license transactions come from Orange County, which means that Seminole County taxpayers have been subsidizing Orange County’s citizens for services performed here in a timely manner. He believes this is an answer to that problem, a way to circumvent having to either raise the fees or to amend the budget and dig into their reserves, their unused revenues, by partnering with the Orange County Tax Collector to develop a Central Florida DMV and to use the equity for expansion.
Mr. Greenberg remarked this is all uncharted territory. They are going to harness the Tax Collector’s ability using the driver’s license services to purchase multi-tenant, owned parcels like retail centers along the border of Orange County. They will have driver’s license services only and will be rebranded as the Central Florida DMV with the Orange County Tax Collector splitting the bill 50/50 “off the record” of all the operational expenses. He explained this enables the Seminole County Tax Collector’s Office to take title to the properties where they will be the anchor tenant. The properties will be located in Maitland, Apopka, UCF and some of the areas where they can fill the need for the citizens that come across the border. So, rather than just having four or five tax collector’s offices that are centrally located, they want to have a decentralized model, which would cut down the driving times for customers and allow them to pull the Orange County residents out of the main Seminole County Tax Collector’s offices while still providing the service but not footing the bill for it. He added they are taking what was a losing proposition and using it to generate income and use that income from the properties they are buying to offset the leases they will have to pay out to the entity that is purchasing their current locations.
Mr. Greenberg advised there are several key provisions in the contract and one of them is the non-appropriation language and this is all contingent upon DOR approval. He noted they had a very good meeting with the DOR and they seemed very receptive of the idea. The initial transactions will not affect their budget at all and they do not have to dig into excess fees; they are simply converting equity into cash and using that to expand. He believes it is a win/win for everyone and it is a solution to a problem that he believes could be adopted across the state.
Commissioner Carey asked since Seminole County residents cannot go to Orange County for their driver’s license services because Orange County does not allow that, couldn’t he just “stop the bleeding” by not allowing Orange County residents to come here. Mr. Greenberg stated they had plans to expand the driver’s license services anyway and the fact that they reached out to Orange County and they were receptive of this is a huge plus. Also, other neighboring counties have expressed interest in joining to have a consolidated DMV like the State used to have. Instead of every county having their own queuing system and wait times, they would have one website, www.centralfloridadmv.com with a new entity to handle all the DMV services. He noted the ultimate goal with expansion over the years is to have enough lease income to offset nearly the entire operational cost of the Seminole County Tax Collector’s Office.
Commissioner Carey wondered who they met with at the DOR. Mr. Greenberg responded that he did not attend but three of his staff members met with Cathy Galavis and some others. Commissioner Carey requested that he provide her with that information.
Commissioner Carey asked, based upon this agreement, whether Mr. Greenberg believes he has the ability to obligate future tax collectors to this deal because it is a 13-year commitment that he is making on this loan. Mr. Greenberg said that one of the important items in the contract is if for some reason they had to terminate, there would be very little or no penalty. She further questioned whether Mr. Greenberg needs the buildings he has now and he advised they absolutely do; they have the current migration from Puerto Rico and the explosion of growth that is not something that is going to go away. Commissioner Carey noted the buildings the Tax Collector currently has are customized specifically for that purpose and now they are selling those assets. At the end of 13 years, they will have paid back all the money that they are literally borrowing, $13.2 million, and the buildings are not worth that because according to the Property Appraiser, they are worth about $6.4 million.
Commissioner Carey noted that Mr. Greenberg had mentioned that 75% of their business is driver’s licenses, and she said yet 80% of his revenue is from the fees that this County pays him from taxpayers to collect taxes. So, he is taking taxpayer dollars to run his operation because 80% of his money comes from his collection of Seminole County taxes. She asked where the Tax Collector’s money comes from that is in his budget. Mr. Greenberg noted it comes from Volusia County, Orange County and this county for the services they perform.
Commissioner Carey questioned whether they have a signed document yet in regard to the agreement for the sale of the properties, and Mr. Greenberg replied they do not. She then noted that Mr. Greenberg had indicated they had an agreement with Orange County and asked whether they had a signed document. Mr. Greenberg stated they do not have a signed document but a Memorandum of Understanding was drafted and the Orange County Tax Collector has a copy of that. Mr. Greenberg stated he would be happy to provide a copy of that document.
Commissioner Carey stated that Mr. Greenberg obviously knows that whoever the Tax Collector is in the future, they will have to continue to rent their facilities and right now those facilities are free and clear and paid for. Mr. Greenberg agreed but stated the alternative would be to amend the budget and decrease the amount of fees that go back to the County at the end of the year to use that for expansion. In lieu of that, they decided to use the equity they have to purchase real estate that is income producing, because with the properties they are buying, they will have enough money to cover the leases plus net them money at the end of the year. Commissioner Carey pointed out it sounds like they have identified these properties and have copies of all the leases. She asked if they have signed agreements to those purchases. Mr. Greenberg advised they have LOIs out on two or three of them and the rent rolls, and all of this is contingent on other things falling into place first. Commissioner Carey asked for copies of the rent rolls and letters of intent so they can understand the art of this deal. Mr. Greenberg said he would be happy to provide them.
Commissioner Carey wondered how they found the investor that agreed to invest the $13.2 million on this deal. Mr. Greenberg stated the investors are out of Chicago and Todd Haber is their broker. He explained Mr. Haber was able to structure the deal with the investor who Mr. Greenberg believes is the largest landlord of government property in the U.S.
Commissioner Henley stated if he understands this correctly, what is driving this is the burden of the unfunded mandate from the Legislature regarding driver’s license services that the County is now required to provide. Mr. Greenberg responded that it is one of the reasons. Commissioner Henley noted that occurred several years ago and ever since that happened, the Office that Mr. Greenberg now holds has always had excess fees. He said as Commissioner Carey stated, it is pretty much Seminole County taxpayers that have been subsidizing those services. Commissioner Henley asked whether the Tax Collector is entering into this in order to cover what he considers a shortfall that he is anticipating in his budget as a result of furnishing this service. Mr. Greenberg noted it will accomplish a number of things and that is one of them.
Commissioner Henley wondered in regard to the investor whether Mr. Greenberg’s broker pursued the company or whether they were approached by them. Mr. Greenberg invited his broker to respond.
Todd Haber, CRE Advisors, addressed the Board to state he met Mr. Greenberg when he was leasing space in Lake Mary and that is when he was first introduced to the appropriation language and he saw the challenges for the Seminole County Tax Collector in leasing property, especially in a market like they have today. Landlords do not want to give much in concessions to a tenant as they typically get when a tenant can only commit to one year because his budget is approved annually. Mr. Greenberg relayed his plans and Mr. Haber said he explained it would be difficult to find a buyer for this since it would be hard to underwrite because of the appropriations language; they would need a cash buyer. He noted he had a contact who had represented the buyer in multiple transactions in Michigan. Upon inquiry by Commissioner Henley, Mr. Haber advised the company is actually headquartered in Cleveland, Ohio with offices in numerous cities, with a large presence in Chicago. His contact had represented them in GSA transactions, so he discussed this potential transaction with them.
Mr. Haber indicated that he personally appraised all the properties. He opined the lease rates are much closer to 15% to 20% escalated over what the market is because he did this research for the buyer. The property in Winter Springs is a former BB&T bank and retail banks are leasing for that amount. He found many comparables above and a couple below that. He added the lease rate for Lake Mary is 15% higher but Casselberry is a tough one to find comparables for on that large piece of land. As far as the purchase price goes, they have a delta anywhere from zero to maybe 15% to 20% on the leaseback. As far as the purchase price goes, for example, the Lake Mary property has a next-door comparable that sold for $140 per foot last year, and they are getting approximately $410 per foot for all the properties. So, the delta for the sales price versus the lease rates is extremely favorable to the Seminole County Tax Collector.
Commissioner Henley questioned whether Mr. Haber has structured a deal with any other governmental agents in the state of Florida. Mr. Haber advised he has negotiated leases with the V.A. a couple of times. He clarified for Commissioner Carey that that was just for them to lease property from a single owner. He opined it was a tough negotiation and described some of those details.
Commissioner Carey stated there is a signed agreement to do this transaction dated December 4th with the buyer and the seller, and they have both signed the document. The buyer’s due diligence ends January 3rd with a closing date of January 18th, so it is a pretty aggressive schedule considering that Mr. Greenberg is “blazing new trails.” Mr. Haber pointed out that he has already had preliminary conversations with the buyer about the approval process that it is uncharted waters, so there is a very good chance that there will be an extension on that due diligence process.
Commissioner Henley noted this is a 13-year lease, and asked for the record, who owns the property at the end of that 13-year lease. Mr. Haber answered that it is the buyer. Mr. Haber added that typically in leases, you get annual 3% to 4% lease escalations, and in this case, there is no lease escalation. So, beginning the third year and then every other year, it is 2½%. As he mentioned before, one of the leases is market and a couple are escalated, but his expectation is that it will catch up to market as time goes on because the escalations are not annual.
Commissioner Carey stated that one of the buildings is used by the Sheriff’s Department and he has no money in his budget for a lease (which she later corrected is not the case) and she has no intention of ever voting to support a $29 triple net lease in a market where the rents are not that. She indicated she gets fliers almost daily from people trying to lease space out at Primera and it is nowhere near that in Primera. Mr. Haber noted the buildings in the back of Primera are much lower; they are in the teens. The buildings in the front that face Primera are a totally different story. He added there is a dermatologist’s office right on Primera, right next door, that is currently leasing for $27 per foot. Commissioner Carey noted the surgi-center drives the price of that up but this is office space. She stated in that particular building that the Sheriff occupies is their backup emergency communications center. Mr. Haber noted that it does have medical zoning so they could put a doctor’s office in there. Commissioner Carey wondered who would reimburse the County for all the investment they have in there for that to be their backup “com” center.
Chairman Horan confirmed that Mr. Haber negotiated the lease and the transaction and asked what the cap rate was that the investor wanted. Mr. Haber stated it was about 8½%, and the cap rate negotiated was slightly over 7%. Chairman Horan noted they can borrow money cheaper than that. He said they would be committed to a 13-year lease with the cap rate of 7%. If they wanted to borrow money, they could do it a lot cheaper than 7% and they would get to keep the property. Mr. Haber said in about 13 years, they are paying back what they sold the buildings for, so in 13 years, the 7% return is what the buyer is getting. Mr. Haber noted that he has never seen a deal like this with appropriation language in the lease where if this is not good for their budget, they can just walk away. County Attorney Bryant Applegate stated the language is not clear that you can just walk away; the language requires the Tax Collector’s Office to work with the DOR to get the approval. Mr. Greenberg added if for some reason it is not appropriated, there is no recourse. Commissioner Carey stated their annual rent would be just under $1 million, so there is no reason why he probably cannot get that appropriated. Chairman Horan added the investor would not have gone forward with the risk unless he thought they were on the hook for 13 years. He explained he is focused on whether this is a good deal for the people of Seminole County or is it not; the reason it is not is they are cashing in their equity on these properties and they will be paying 7% on that equity. Mr. Greenberg stated he does not want the County to have to go into more debt; his office is paying this out of their revenue that comes in from fees and commissions that they earn.
Chairman Horan stated that these properties do not belong to Mr. Greenberg; they belong to the people of Seminole County. Mr. Greenberg reiterated they were purchased with Tax Collector fees that did not come from tax revenue but from Orange and Osceola, Seminole and Volusia counties for all the different services they provide, just like any other business would capture if they had a markup on their transactions. They are providing a service and they get paid for it, but aside from that, they have all the other services where they lose money on the transactions. He explained this is one of the ways that they have figured out how to generate enough income to pay the leases that they will be entering into and also net a couple hundred thousand dollars at the end of the year.
Chairman Horan stated he would like to see the pro forma. He summarized that they are going to use the $13.2 million to buy other strip centers and the rents that they get on these other strip centers will not only pay the rent that is above market rate on the original transaction, it will generate another $250,000 a year. Mr. Greenberg stated that is correct and that is key, and something that will also benefit the cities and the county after they get through this initial transaction. After they acquire the five properties, they will be in a position where they can go into distressed areas and put in a driver’s license center and use that as an anchor to revitalize distressed strip centers. The economic impact of that will benefit other businesses because they are a driver of business with these services because people come from all over and they have to come; they have a monopoly on the market.
Commissioner Carey mentioned she is familiar with the leases for the Tax Collector in Orange County because she has been his landlord, and his lease has a termination provision for every budget year and the rents around him were less than $10 a foot. She does not know if these are huge economic drivers; but, they are parking hogs because there is a lot of parking required, much higher than with a standard shopping center. That is why there are these huge five-hour waits in Orange County where they are located in a strip mall.
Commissioner Carey stated the assets the Tax Collector has today for his operation are paid for and the people of this county own them free and clear. She added she would love to see the appraisals on the values of these properties as part of their request for the public records. Right now they pay zero tax on them; but as soon as they do a $13.2 million transaction on these, they will go on the tax rolls for 85% of the value, and they will still have all the responsibility for the care and the custody and the maintenance and the air conditioners and the carpet and everything else, so they will still have to maintain those buildings just like they do today, plus pay the taxes for the owner, plus pay the property insurance for the owner. He has no risk; he has nothing to lose. He is getting a 7% return on his investment and she said the reason she is referencing this more as a loan deal than as a transaction is because the investor is repaid at the end of the 13 years and then his upside, besides his 7% return on this initial deal, is all the future revenue that he will collect on the rents, whether it be from the Tax Collector or somebody else. Commissioner Carey stated that is not factored into the information she received.
Commissioner Carey stated that they have previously averaged $4 million in return investment to the taxpayers every year from the Tax Collector’s Office, so if he has that sitting there and he shows the DOR he has to pay $1.2 million in rent for these buildings, he should be able to get approval from DOR. Mr. Greenberg responded that he does believe that to be so and asked that they keep in mind that he believes in two years, they will have enough lease income coming in to cover at least 50% of the operational expenses for his office, so that means in theory, they would not have to charge the County to collect taxes because they will have enough money coming in. He opined that money will continue to grow also as they expand further. He noted they have several pro formas and he will get them consolidated for the Board.
Commissioner Constantine asked if any consideration had been given to approaching the Board about borrowing the money at 3% and being able to keep the assets. Since they are in the due diligence process, he wondered if that is still potentially on the table. Mr. Greenberg reiterated his comment about not wanting the County to incur more debt, and the Commissioner said he sees this as debt because there is no “out” clause. He stated there may be a better way to structure this if it is something both sides believe is a good idea. He would be glad to help if the portfolio came back and it shows that this is a good idea and they could do it potentially by borrowing, because their rating is AA++. He asked if there was still a possibility of having some dialogue between everyone to work together.
Wade Vose, Vose Law Firm, addressed the Board and advised the buyers did not want any publicity which tied Mr. Greenberg’s hands to some degree to reach out to deal with that issue as the negotiations were going on. In regard to the “out” clause, or non-appropriation language, that language was extensively negotiated with the buyer and their out-of-state attorneys. They had to do a lot of digging and learning to understand what requirements they are under as local governments, whether it is the County or the Tax Collector in what obligations can be incurred year to year going forward. He understands the concern of debt in the colloquial sense or some general understanding that this looks like an obligation going forward. He noted that legally this is structured in a manner that does not create what would in effect be a general obligation bond, basically a multi-year obligation without anything that can step in to stop that process. What the provisions in this lease provide is that in each year the Tax Collector is required to use good-faith efforts to propose these leases to DOR. As the Board knows, per statutory provisions, the DOR is the final arbiter with regard to the approval of a tax collector’s budget. It is completely within the discretion of DOR to, in any year, not appropriate for these funds, and at that point, it can be terminated without any further obligation. He added the buyer had pushed for an obligation for either a two-year, stand-still period or for a year after it was not appropriated, and they told them that is simply unacceptable under Florida law, and they conceded. In addition to that, the obligation to propose every year is still subject to Florida law relating to the extent to which in-contract you can bind the independent executive authority of, for example, a constitutional officer or a county commission, similar to what you find in a covenant to budget and appropriate and so on, that the Board does every time they are incurring debt. Basically, even though you are asserting you have a general obligation to use good-faith to do that, to request that from DOR, if you do not, it cannot be subject to any penalty, and that provision was specifically put into this agreement as a necessary component of any lease that is going to be entered into. With regard to the lease provisions, they do not have final proposed leases with regard to any of these, but the essential terms of those leases are set forth in the agreement. And, if any of those essential terms vary or there is another material term that is outside of these that the seller disagrees with, then they can cancel and get out at any time.
Commissioner Dallari thanked the Tax Collector for coming in today to try and explain the information; he looks forward to getting more information from him. He opined he does not think they are going to solve a lot right here today and he thinks there needs to be some more vetting out. He added that Mr. Vose talked about the “out” clause provision and noted he did not clearly understand it, but would love to have one attorney speak to the other so they can figure out how that all works out. He stated he thinks the Tax Collector is trying to figure out a way to bring in income, and it is a creative way of doing it, and they have never done this before. They just need to try to understand what the right thing is for not just the Tax Collector and the County Commission but for the citizens of Seminole County, because they both work for the citizens of Seminole County. If there is a way they can try to figure out how to make this work, they need to be doing it. At the same token, he believes if there is a better way to put money on the table, he thinks they need to allow the Tax Collector that avenue. If they can borrow money at 3% instead of 7% and still own the asset, he thinks that is something they should be talking about. He added he gives Mr. Greenberg a lot of credit for being creative; he has only been in office about a year and he has put a lot of effort into this to try to make his office financially independent. He thinks they could work together better to try to figure how they can do this, and he thinks there needs to be more diligence on both their parts in doing that.
Commissioner Carey stated the problem she sees is that the Tax Collector has a legal binding agreement here and he has no due diligence in this aside from the leases. The due diligence is at the buyer’s option and she is not sure that he can unwind this deal if they have a better idea because they probably already have a deposit. Mr. Greenberg advised there is an amount, $100,000, in escrow. Commissioner Carey noted with the January 3rd due diligence date ending for the buyer, the contract has been in play now for 11 days and there are just a few business days for the buyer to finalize his due diligence and with a closing on January 18th, there really isn’t any time to have a team discussion at this point. Mr. Greenberg stated that in the future if there is a better way about doing this, he looks forward to working with each of the Commissioners constructively to make that happen.
Commissioner Carey requested that Mr. Haber submit his business card into the record (received and filed).
Commissioner Carey stated that during the budget process when a tax collector submits their budget to the Department of Revenue, they have an opportunity to comment on that. Since this transaction is subject to DOR approval, she is assuming that the Board has an opportunity to comment on this. Mr. Applegate pointed out that he has put four calls into DOR over the last two days including to the person mentioned today. He has not gotten a call back unless there is a message waiting for him now. Secondly, under the handbook developed by the Department of Revenue pursuant to their regulations, with any budget amendment or change being proposed by the Tax Collector, the Department of Revenue is supposed to notify the Commission. Commissioner Carey stated he is not asking for a budget change; he will have to amend his budget to take the $13.2 million. She advised the person he referred to is the person responsible for overseeing proposed budget amendments by the Tax Collector. Commissioner Carey said she is not interested in seeing the taxpayers’ asset being sold for a return on investment to a buyer of 7% just on the initial loan part for 13 years and then all the future revenue that they have not even calculated. And, she noted these are all triple net leases. She does not want to just let this lay there because this is going to happen unless there is a flag raised. She thinks there should be some real concerns here. She noted that $29 per square foot is a lot of money; it is downtown Orlando. Mr. Applegate advised he left two specific messages with the counsel’s office to talk about this specific issue and two messages with the division that oversees budget amendments, because clearly there has to be a budget amendment. Commissioner Carey stated she thinks they need to put something in writing just to have time to give Mr. Greenberg the opportunity to submit all the documents that they have requested, and she would like to do a formal public records request for all the documents they talked about today.
Mr. Applegate indicated that he has asked outside counsel, because he is not an expert in these kinds of transactions, to look at the legal issues related to whether or not this deal can even be done.
Commissioner Carey stated she thinks it would be irresponsible of them to not write to DOR today and say they have just gotten this information, they haven’t seen the lease terms, and a lot of these documents. Chairman Horan agreed and said that DOR also has a boss and that is another communication that should probably take place.
Commissioner Carey said that in her comments she stated that the Sheriff was not paying rent and that was based on information she had gotten from the County Manager, but they happen to have their representative from the Sheriff’s Department here who informed her that they do have an active lease and that they are paying rent; they are paying $15 a square foot. Ms. Guillet added that the Tax Collector represented to her during the budget process that he was not going to collect rent from the Sheriff for the Primera building this year. Commissioner Carey indicated she has asked for a copy of the lease the Sheriff has as well.
Commissioner Dallari asked who owns the assets in the backup “com” center and Ms. Guillet advised the County owns the equipment.
Commissioner Constantine expressed concern that they need to find a way to start working together with the constitutionals instead of looking at it as an adversarial position. Chairman Horan noted the Legislature changed the law to allow the tax collectors to acquire property by sale or lease; the only constitutional officer that can do that is the Tax Collector and that was changed in 2011. Now that is being taken advantage of in this particular situation and has put this Board in an untenable situation. Commissioner Carey mentioned the unfunded mandate of making the tax collectors provide services for driver’s licenses at a cost of $6.75 a transaction. She opined that when they did that, they thought the tax collectors have an operation anyway, so what is one more task. If they only dealt with the people of their county, like they do in Orange County, maybe it is manageable.
Chairman Horan stated that Commissioner Carey was honored by Seminole State College as a community pathfinder at the Board of Trustees meeting on October 12th.
Motion by Chairman Horan, seconded by Commissioner Dallari, to reappoint, beginning January 1, 2018, Brian Wilson to the Animal Control Board for a one-year term, Mike Hattaway to the Board of Adjustment for a four-year term, Dena Chaudoin to the Historical Commission for a two-year term, and Matthew Criswell to the Parks and Preservation Advisory Committee for a three-year term.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan advised that Heather Smith is leaving the Sheriff’s Office for a new position at the University of Central Florida. Therefore, he asked for a board appointment to replace her position on the Animal Control Board. Bob Hunter is the suggested appointee.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to appoint Bob Hunter to the Animal Control Board for the balance of 2017, replacing Heather Smith, and for a one-year term beginning January 1, 2018; Resolution #2017-R-208 in appreciation of Heather Smith for service on the Animal Control Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan reported he has been tracking the various constitutional revision proposals and that moving quite well in that process is a proposal by Commissioner Carolyn Timmann, who is the Clerk of Court in Martin County. That provision would take away Article VIII, Section 1(d) of the Florida Constitution, which gives Charter counties the right to change by Charter the duties of constitutional officers. The reason it is gaining traction is there are three Constitutional Officers and only one County Commissioner on the Constitutional Revision Committee. This proposal is backed by House Speaker Corcoran and would put the local governments “in a fix” because obviously it is directly against the powers of the county, so the Florida Association of Counties is working quite hard against it.
Chairman Horan proposed a draft resolution that was distributed to the Board (copy received and filed) formally requesting immediate closure of the I-4 rest stops in Seminole County and correction of all flooding problems by FDOT. Commissioner Carey advised she recently met with the new FDOT District 5 Secretary, Steve Martin. She expressed that they have already made a request asking FDOT to close these and they have always had such a great relationship with FDOT. She feels of late they don’t necessarily have that same great relationship. Also, the new people coming in know this is a priority to try to get these moved. She opined some of the discussions this Board has had kind of “poisoned the well” for others with the thinking that if Seminole doesn’t want them, why would they want them. She added FDOT is working on finding another location and she thinks it is unreasonable to keep sending resolutions to them asking for immediately closure when they know they can’t. Commissioner Carey noted her issue with the rest stops is they are undersized for where they are in today’s world because if you look at other rest areas along I-95, I-75 and other interstates in Florida, they are much larger facilities with much more capacity than the two small rest areas here on I-4.
Chairman Horan pointed out that this resolution contains additional language regarding drainage, retention ponds, size, etc. Commissioner Dallari noted he asked staff to bring it back after the last hurricane season because there was additional flooding that happened in that basin. Chairman Horan read the portion of the resolution that addresses that issue, and stated he thinks they have a great relationship with the DOT and does not think it will be impaired by this. He added he thinks it is important when their residents have requested that they do something that they respond in some meaningful way to those concerns.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt appropriate Resolution #2017-R-209 formally requesting immediate closure by the State of Florida, Department of Transportation (FDOT), of the rest areas located on Interstate 4 in Seminole County, and immediate action by FDOT to correct all flooding problems along Interstate 4 affecting Seminole County, and providing for an effective date.
Under discussion, Commissioner Constantine remarked he understands Commissioner Carey’s concerns and had expressed a bit of that to Judge Dom Salfi the last time he was here, but there is additional language included in this resolution and nothing is stated about not wanting the rest areas. What they don’t want is them being used as staging areas.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey voted NAY.
Chairman Horan stated he and Commissioner Dallari attended the annual awards ceremony for the Fire Department on December 7th. Commissioner Dallari noted one of the awards was the Firehouse Magazine’s Lifesaving Award and he suggested putting that on a future agenda. Chairman Horan noted it is a very prestigious award.
In regard to SR 46 PD&E, Chairman Horan said he would like to have a discussion about what the County would like to see relative to that area. He noted a lot of people in his district are concerned because now that the PD&E is done, they think the widening will take place right away. Commissioner Dallari indicated that he had asked staff to look into those numbers because he does not believe there is growth in that area so he doesn’t believe the widening of that road is needed. Commissioner Carey added there are other things they can do besides widening the road. She would like staff to look at left-turn lanes and shoulder improvements because the reason they want to widen the road is to keep the traffic moving.
Chairman Horan stated he would like this to be put on the agenda so they can give direction to staff. Commissioner Dallari added he would like to give direction to staff to revisit the traffic numbers because he does not see the growth in that area. Commissioner Carey suggested they have staff digest the PD&E, brief everybody on the commission about it, and then schedule it on the agenda to have a discussion of the results of the things they have asked for.
Chairman Horan advised of a business that wants to relocate near the Sports Complex off of Richmond Avenue. That road is about 18½-feet wide and the next cross street is SR 46. The problem is there are two developments there now and neither development can profitably be developed without improving to county standards all the way out, which is 2,600 linear feet to the next road. He said he would like to revisit some of their procedures in the land code as to whether or not, under appropriate circumstances, they can require an improvement just in front of the property itself. Since the requirement is to finish the 2,600 linear feet to the next developed road, the only thing that can go in there is a very, very large development. It makes property along that road pretty much undevelopable.
Commissioner Carey suggested looking at allowing the first developer to put the infrastructure in and then be reimbursed by the future developments that come along. Ms. Guillet noted that this is a requirement that was part of a negotiated PD. Chairman Horan stated he has already discussed this with the Public Works Director, and Mr. Jreij advised him that the only alternatives are basically what Commissioner Carey mentioned or to require someone do an improvement just in front of their property. Commissioner Carey pointed out that it then becomes a safety issue, and Chairman Horan noted it is a safety issue if the traffic counts warrant it, which was the problem with the original PD because they did contemplate having large trucks on that road, but this development would not have that.
Chairman Horan reiterated he would like to see if there is something in the Land Development Code they can use discretion on in some of these cases. Commissioner Carey remarked she is not sure if the LDC allows for a private developer to put in the infrastructure and then get reimbursed for it by the developers that follow.
Commissioner Constantine noted they should be careful not to obligate the taxpayers of Seminole County to build a road for a development and have to wait to be reimbursed and Commissioner Dallari agreed.
Chairman Horan discussed a wonderful non-profit organization called “Girls on the Run” who are “dedicated to creating a world where every girl knows and activates her limitless potential.” He explained they base character development programs around running. He is asking for approval to send a letter of commendation.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve Chairman Horan’s request to send a letter of commendation to the “Girls on the Run” organization.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan reported Volusia County has activated that provision of the SunRail agreement for renegotiation. Commissioner Dallari explained they are going to ask all five funding partners to provide anything that they want talk about so there are full negotiations for all five funding partners for one approval, instead of just looking at one issue. He opined there is a lot more at stake than people may realize.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated November 15, 2017, from Rebecca Bowman, Finance Director, City of Casselberry, to Seminole County Board of County Commissioners re: Shared distribution and use of the one-cent government infrastructure surtax effective January 1, 2015.
2. Letter dated November 17, 2017, from Karen Behling, Office Assistant, City of Lake Mary re: Zoning approval given in accordance with the City of Lake Mary’s Land Development Code to PI Consulting Services, to conduct a home occupation in a dwelling unit located at 2073 W. Lake Mary Blvd., Lake Mary.
3. Letter dated November 17, 2017, from Roderick Henderson, Business Manager, The Foundation for Seminole County Public Schools, to Board of County Commissioners re: Appreciation for the donation of $3,097.30 for the Midway Safe Harbor Program.
4. Letter dated November 22, 2017, from Donna Walsh, Health Officer, Florida Department of Health in Seminole County, to Chairman Horan re: October 2017 performance report and invoice for the Mobile Health Unit and Integrated System of Care.
5. Letter dated November 30, 2017, from Joan Faulkner, President & CEO, Hope Helps, Inc., to Friends of HOPE re: Appreciation for the gift of $2,000.
6. Copy of a letter dated November 30, 2017, from Representative Bob Cortes, to Postmaster re: Mailbox relocation on Bunnell Road section.
7. Letter dated December 1, 2017, from D. Ray Eubanks, Administrator, Plan Review and Processing, Florida Department of Economic Opportunity, to Chairman Horan re: Submission of Seminole County’s proposed comprehensive plan amendments for review. (Reference number 17-2ESR.)
Commissioner Carey reiterated that she met with FDOT District 5 Secretary Steve Martin and noted he would very much like to improve the relationship that FDOT and Seminole County have in working together to try to find solutions. She told him she is committed to doing that and they have a lot of things they need to do that will involve DOT including some of the improvements around Lake Emma Road, the exit on I-4 that they have asked them to advance, the 46A interchange, and certainly the Wekiva Parkway section in Seminole County.
Commissioner Carey reported they have had a number of issues recently with coyotes on the west side of the county. It falls under the FWC’s responsibility to deal with it; however, they are not too interested in getting involved because they don’t have the manpower to do that. She doesn’t know if there is something that can be done through Animal Services if they have a known area where they have a coyote issue, whether traps can be set or there other things they can do. Commissioner Carey noted a lot of cats and small dogs are being killed by these coyotes and then voiced her concern that at some point there could be a coyote/human conflict. Ms. Guillet stated they will reach out to FWC to see if there is a way they can partner with them to try to address this. Chairman Horan noted there have been more coyote incidents on the east side than bear incidents.
Motion by Commissioner Henley, seconded by Commissioner Carey, to appoint Susan Kellicut to a two-year term on the Library Advisory Board ending January 2020; reappoint Stephen Browne to a one-year term on the Animal Control Board ending January 2019, Dennis Warren to a three-year term on the Code Enforcement Board ending January 2021, James Depoy and Matthews Bark to one-year terms on the Contractor Examiners Board ending January 2019, Ben Wheeler to a two-year term on the Historical Commission ending January 2020, Mark Brandenburg to a three-year term on the Parks and Preservation Advisory Committee ending January 2021, and Frank Cirrincione to a four-year term on the Tourism Development Council ending January 2020.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to appoint Kim Kuketz as a new liaison to the Horseshoe Lake MSBU; and beginning January 2018, reappoint Brenda Urias to the Tourism Development Council for a four-year term, Deana Schott to the Contractor Examiners Board for a one-year term, appoint Bobby Von Herbulis to the Contractor Examiners Board for a one-year term, reappoint Eunice Mann to the Historical Commission for a two-year term, John McGrath to the Animal Control Board for a one-year term, Don Peterson to the Code Enforcement Board for a three-year term, appoint Tom Boyko to the Parks and Preservation Advisory Committee for a three-year term, Beverly Courtney to the Library Advisory Board for a two-year term; and adopt appropriate Resolution #2017-R-204 in appreciation of Jeff Ebers for service on the Parks and Preservation Advisory Committee since 2008, and appropriate Resolution #2017-R-205 in appreciation of Tom Boyko for service on the Library Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari advised he had a meeting with the Springs Community Association, which is in Commissioner Constantine’s district, and distributed a one-page blurb regarding same (received and filed). He explained the HOA approached him about the “Protect Florida Springs” specialty license plate grant program. One of the reasons is they are trying to collect the algae that comes from the area of the springs from the Sanlando area that goes down to the Little Wekiva River. They are asking to partner with the County because they have to have a public entity to pursue this program. He stated he would like to ask staff to research this and meet with them to see if these types of monies can be used for what they are trying to do, which is to put in a mechanical system to collect algae, and to also see if this is something they could use not just with the Springs but for other springs in and around Seminole County.
Commissioner Carey remarked that he referenced the BMAP in the document and asked if this is a project high on the priority list of the BMAP, aren’t those the funds they get from the State to help clean up some of those. Commissioner Dallari replied that it could be but he would like staff to look at any and all possible grants, as well as the “Protect Florida Springs” license plate grant, and see if there are other springs where it could potentially be used. He’d like staff to report back on this.
Commissioner Dallari stated that in the SunRail Commission meetings, they are talking about a lot of items that the five funding partners want to talk about, and it is getting to the point now where they really need to talk about having a full-time individual just to monitor and work on SunRail. He explained he wanted to see if the County Manager could put a staff person on that other than just going to an occasional meeting, because there are about three pages worth of issues and each issue is pretty significant. He’d like that staff person, in addition to going to the SunRail and committee meetings, to brief each one of the board members on those items that the other funding partners would like to renegotiate. He believes it will take at least a half-time person if not a full-time person. Commissioner Carey asked if they had a Technical Review Committee and Commissioner Dallari responded that they do and presently, Deputy County Manager Bruce McMenemy is on that. Ms. Guillet stated that Mr. McMenemy is on the Transition Subcommittee, and there is also a technical committee that Jean Jreij attends on behalf of the county. She knows there are some funding partners that have a dedicated staff person for SunRail. Commissioner Dallari added that all of them do and that Seminole is the only one that does not. Commissioner Carey opined they need to be an expert in that field. Commissioner Dallari reiterated he would like the County Manager to look into this and bring it back to the Board.
Commissioner Dallari submitted his ex parte communications into the record (received and filed).
Commissioner Constantine stated he would like to thank Edward Bass, Resource Management Director, personally for helping Lynx in the budget process. He is happy to report that after three years, Lynx has finally gotten an approved contract with their employees that continues with a balanced budget. He added Commissioner Henley had worked very hard to make sure that happened. That was approved at the last meeting on December 7th.
Commissioner Constantine announced he would like to reappoint Cecil Tucker to the Historical Commission, Marianne King to the Animal Control Board, Jim Buck to the Parks and Preservation Advisory Committee; appoint Carissa Lawhun to replace Jay Zembower on the Planning and Zoning Commission to finish his unexpired term ending January 2019, and Deborah Schafer to replace Carissa Lawhun on the Board of Adjustment; and to adopt appropriate Resolution #2017-R-206 in appreciation of Carissa Lawhun for service on the Board of Adjustment, and appropriate Resolution #2017-R-207 in appreciation of Jay Zembower for service on the Planning and Zoning Commission. The Board voiced no objections.
ITEMS FOR FUTURE AGENDA
Sita Chari, 1911 North Street, addressed the Board and displayed photos (received and filed). She stated they took the pictures of their backyard this morning. Their fence is still in the water and it is too mushy to remove any of the fallen trees. A retaining wall has been built between the pond and the Victoria Terrace complex so the water did not go into those yards. She added the water washed out all the dirt that they had upgraded a long time ago, so everything in the backyard has sunk.
Dr. Nallan Chari, 1911 North Street, addressed the Board to read his statement into the record regarding the flooding of his backyard (received and filed). Chairman Horan stated he knows staff is still looking at options and alternatives. He remarked it amazes him that after all this time, the water is not evaporating or percolating; it is obviously trapped and not flowing.
COUNTY MANAGER’S REPORT
Ms. Guillet gave a brief update regarding the debris pickup following Hurricane Irma. The debris removal cost at this time is $19 million, so she said the point Commissioner Carey made this morning about pushing FEMA for reimbursement is very important. Commissioner Carey noted they have not yet received any reimbursement for Hurricane Matthew. Ms. Guillet advised they would like to discontinue the contracted debris removal at the end of this week. Commissioner Carey questioned if someone from staff had driven throughout the entire county; she wants to make sure there have been two sweeps. Ms. Guillet noted for anyone that has not had the opportunity to get their storm debris picked up because of the flooding conditions, the Public Works crews will still be available to assist with any cleanup. No objections were voiced in regard to discontinuing the contractors for debris removal.
Commissioner Dallari asked how the flooding level of the St. John’s River in the northeast part of the county is now. Ms. Guillet answered they have lifted the no-wake-zone bans on all parts of the river at this point because they are below activity stage everywhere. She does not know if all those that were displaced are back into their homes. Chairman Horan noted there are a lot of situations still where the houses are not habitable. Ms. Guillet added that water levels are still high throughout the county.
Chairman Horan reported that he and the County Manager have been asked to make a presentation at the Charter Review Commission meeting on December 19th. He asked whether that meeting will need to be noticed and Mr. Applegate stated he will check on that.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:00 p.m., this same date.