BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
AUGUST 23, 2016
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, August 23, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court and Comptroller Maryanne Morse (late)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Dr. Paul Anderson, Wekiva Presbyterian Church, Longwood, gave the Invocation.
Commissioner Constantine led the Pledge of Allegiance.
The Business Spotlight video for Hernon Manufacturing was presented.
Ms. Morse entered the meeting at this time.
AWARDS AND PRESENTATIONS
Commissioner Dallari remarked that the volunteers in this county do more work than the average citizen can possibly imagine; they have a great staff but they also have great volunteers. He advised that at the last BCC meeting, the Board approved a Resolution of Appreciation for Elizabeth "Libby" Harper. He advised that Ms. Harper was a part of the start of the "Friends of the Library" in 1981 and had volunteered for over 25 years before she retired from that position. Commissioner Dallari stated he considers it an honor and a privilege to present this Resolution to Ms. Harper because she truly has a volunteer's heart and thanked Ms. Harper for all of the years she gave to the community.
Elizabeth “Libby” Harper accepted the Resolution and expressed her appreciation.
Chairman Horan recessed the meeting of the Board of County Commissioners at 9:47 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #1 – A-2451-16
Nicole Guillet, County Manager, advised that Item #1, Approval of the Redevelopment and Construction Grant, for construction of sixteen (16) new affordable senior housing units by Equity Development, LLC, in the amount of $197,000, will be pulled. She stated the reason the item is being pulled is staff thinks there may be a more appropriate funding source to assist with this project and is not a reflection on the County’s support of the project. If they are unable to find another more appropriate funding source, the Board may see this back on the next agenda.
Sonia Fonseca, CRA Program Manager, addressed the Board to state that the developer has sent a heartfelt thank you to the Board for trying to find alternative sources that would provide him with better support for the project.
Agenda Item #2 – A-2450-16
Ms. Fonseca presented a request to approve a request from Seminole County for reallocation of expired CRA grant funding to partially fund previously approved Sunland Park improvements in the amount of $225,000. She reminded the Board that the CRA funds have a deadline and there is a three-year expenditure requirement. As a result, what they are doing by reallocating the funds is starting the clock again because FDOT has not made it to that area of the roadway; therefore, the rehabilitation of the project, the park, needs to wait until they make it to that section of roadway.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a request from Seminole County for reallocation of expired CRA grant funding to partially fund previously approved Sunland Park improvements in the amount of $225,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #3 – A-2449-16
Ms. Fonseca presented a request to approve the funding request from the City of Sanford to increase the U.S. 17‑92 Community Redevelopment Grant for Paw Park improvements from $70,000 to $120,000 for replacement of park benches and trash cans as well as installation of additional safety lighting around a new walkway.
Christine Dalton, City of Sanford, addressed the Board to state that initially they were going to recycle the existing benches and cans in the park. When they went to actually do that and rehab them, they were so deteriorated because of the urine from the animals they were not salvageable. With regard to the safety lighting, Ms. Dalton explained they expanded the parking, did on-street parking, and eliminated the parking area. That area did not have lighting before so they have a need to add lighting in that area along with some other areas in the park.
Commissioner Carey advised that when this was originally approved, the Board reduced the amount and stated if they had a need, they could come back to the Board. Upon inquiry by Commissioner Carey as to the hours of operation for the park, Ms. Dalton stated they are from dawn to dusk. She stated it is a popular park and there are people waiting. It is the first park they open and last one they close. It is not open when it is truly dark out but it is dark enough that it is a safety issue. Commissioner Dallari confirmed with Ms. Dalton that even though the park is not used after dusk, they still need the appropriate lighting for security and for safety. Commissioner Constantine questioned whether the park hours will be expanded with the lighting and Ms. Dalton responded they will not.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to (1) approve the funding request (Second Amendment to Paw Park Improvement Project Agreement Between the U.S. 17-92 CRA and the City of Sanford) from the City of Sanford to increase the U.S. 17-92 Community Redevelopment Grant for Paw Park improvements from $70,000 to $120,000 for replacement of park benches and trash cans as well as installation of additional safety lighting around a new walkway; and (2) adopt appropriate Resolution #2016-R-131 implementing the associated Budget Amendment Request (BAR) #16-082 allocating $50,000 from the U.S. 17-92 CRA Trust Fund, Contingency Reserve for Government Assistance to the Paw Park Improvement grant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 9:54 a.m., and reconvened as the Board of County Commissioners.
Doug Murdock, 890 Northern Way, addressed the Board to discuss Item #17, Award of RFP-602600-16 regarding Cancer Specified Disease. Mr. Murdock requested that the item be pulled from the Consent Agenda for further discussion. He believes there were four irregularities in the way the Cancer Specialized Disease RFP was handled.
Mr. Murdock stated the first irregularity was that the RFP required proposals for a cancer policy and the RFP was very clear on that in at least four or five places. The winner, Aetna, did not limit their proposal to a cancer policy but proposed a limited benefit critical illness plan with a cancer benefit unlike Allstate's unlimited benefit true cancer plan. The critical illness plan is a completely different kind of plan from a cancer plan. Mr. Murdock pointed out that Aetna failed to propose what the RFP asked for and added that Allstate is widely considered to be the industry-leading critical illness plan, but they did not propose that because that is not what the RFP asked for.
Mr. Murdock stated the second irregularity was that all proposers were to complete a deviation page stating "every deviation from the current plan." The word "every" is even in bold type. Aetna did not submit this. That would have given the employees a more objective way to evaluate what was being proposed. Mr. Murdock stated the third irregularity is that the RFP required a specimen contract. The RFP called this a required attachment. Aetna did not provide a copy of their critical illness contract. Instead they proposed an accident and health contract. Mr. Murdock stated he has a copy of Aetna's critical illness contract and it is very different from what the County was given.
Mr. Murdock stated the fourth irregularity was that the RFP required references. Aetna listed three. Mr. Murdock stated he contacted all three of the HR departments for those references and they all denied having Aetna's critical illness contract. Instead, two of the three have Allstate's group cancer plan; and one of them, Volusia County, actually has Allstate's cancer plan and critical illness plan.
Mr. Murdock emphasized that if the County had issued an RFP for a critical illness plan, Allstate would have provided one. But that is not what happened. He stated that he can understand the employees' desire to have a critical illness option and thinks that is understandable. If that is what the County wants, that is what the County should ask for in the RFP. Allstate is widely considered to be the industry leader in critical illness plans and would be happy to provide the County with a proposal. If the County were to issue an RFP for a critical illness plan, then they could get all of the major players involved and be able to choose the best buy for the employees' money but that has not happened so far. Mr. Murdock requested that the agenda item be pulled from the Consent Agenda and discussed separately. Commissioner Carey and Commissioner Dallari stated they were planning to pull it for a separate discussion.
Speaker Request Form for Mr. Murdock was received and filed.
COUNTY MANAGER’S CONSENT AGENDA
Nicole Guillet, County Manager, stated that staff is withdrawing Item #5, Aspire Health Partners, Inc. Transportation Agreement, and advised it will come back at a later date. Chairman Horan noted there are ministerial changes to Items 4, 23, and 24.
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 Dallari, seconded by Commissioner Carey, to authorize and approve the following:
4. Approve and authorize the Chairman to execute the Child Protection Team Services Agreement between Seminole County and Kids House of Seminole, Inc. for the provision of medical examinations by the Child Protection Team and provide financial assistance up to $175 per case for all services provided under this agreement. (A-2551-16)
5. Pulled from the Agenda request to approve and authorize the Chairman to execute the Aspire Health Partners, Inc. Transportation Agreement in the amount of $25,000 to help transport uninsured Seminole County residents for mental health services. (A-2533-16)
Community Development Division
6. Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification form for The State Housing Initiatives Partnership Program (SHIP) Annual Performance Report (APR). (A-2556-16)
7. Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government. (A-2462-16)
8. Issue a Notice of Determination of Public Nuisance that the unoccupied buildings located at 1067 & 1071 Williams Street, Altamonte Springs, are a Public Nuisance; and authorize the Building Official to: (a) serve Notice of this determination, pursuant to Sections 168.5 and 168.6, Seminole County Code; and (b) set a date for a "Show Cause" public hearing, as prescribed in Sections 168.5 168.7, Seminole County Code. (A-2459-16)
Planning & Development Division
9. Authorize the release of Roads, Streets, Drainage Performance Bond #2197767 in the amount of $249,060.99 for Pinter PD (Wawa) Commercial Subdivision; Private Roads Performance Bond #1961795 in the amount of $698,608.43 and Water & Sewer Systems Performance Bond #1961796 in the amount of $136,102.85 for Bellevue Subdivision; Private Roads Performance Bond #59BSBGY6018 in the amount of $666,846.29 and Water & Sewer Systems Performance Bond #59BSBGY6017 in the amount of $423,955.62 for Hampton Estates Subdivision. (A-2508-16)
10. Approve the minor plat for the Chapman Country Acres Subdivision containing four lots on 5.44 acres zoned A‑1 (Agriculture), located on the south side of East Chapman Road, east of Alafaya Trail; Stephen J. Ratcliff, Applicant. (A-2503-16)
11. Adopt appropriate Resolution #2016-R-132 vacating and abandoning a 102-square-foot portion of a platted 8‑foot by 75.46‑foot Drainage Easement on Lot 124, Steeple Chase, as recorded in the Public Records of Seminole County, Florida in Plat Book 78, Pages 59‑63, more particularly known as 3959 Equine Cove; Colleen M. Conyngham, Applicant. (A-2472-16)
Solid Waste Management Division
12. Approve and authorize the Chairman to execute Certificates of Public Convenience and Necessity effective from October 1, 2016 through September 30, 2017 for the following: A1 Assets, Inc.; Comfort House, Inc.; GLE Scrap Metal-Florida, Inc.; and Perma-Fix of Florida. (A-2460-16)
13. Approve and authorize the Chairman to execute the First Amendment to Cooperative Equipment Loan Agreement between Florida Department of Agriculture and Consumer Services Florida Forest Service and Seminole County. (A-2511-16)
14. Approve and authorize the Chairman to execute a Purchase Agreement and Holdover Agreement related to Parcel Numbers 103A and 103B between Roseline C. Clerge and Seminole County for the early acquisition of property needed for the Dean Road Widening Project (5900 Dean Road, Oviedo, Florida 32765, Parcel ID: 31‑21‑31‑504‑0000‑0220) for $540,000 as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to this parcel. (A-2518-16)
Budget and Fiscal Management Division
15. Approve and authorize the Chairman to execute the First Amendment to Restated Agreement Veterans Treatment Court Program Subrecipient Agreement between Seminole County, 18th Judicial Circuit Court, State Attorney, Public Defender, and Seminole County Sheriff's Office awarded to Seminole County by the Department of Justice. (A-2517-16)
16. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-133 implementing Budget Amendment Request (BAR) #16‑084 through the 2014 Infrastructure Sales Tax Fund to appropriate budget of $185,570 from Project Contingency for the recently approved Interlocal Agreement with the City of Altamonte Springs. (A-2574-16)
Purchasing & Contracts Division
17. Pulled for a separate discussion by Commissioner Carey.
18. Authorize staff to continue using Emergency Procurement Procedures for those events directly related to the Zika mosquito control activities supported by State funding in accordance with the Seminole County Code, the Administrative Code, and the County Manager’s policies. (A-2548-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #17 - A-2539-16
Christina Brandolini, Human Resources Manager, and Andria Herr, Benefits Consultant, addressed the Board to discuss Item #17, Award RFP‑602600‑16/BJC, Employee Benefits: Voluntary Cancer & Specified Disease to Aetna Life Insurance Company, Hartford, CT.
Commissioner Dallari stated there is a difference between cancer insurance that they have had over the past several years and critical illness insurance. He requested that Ms. Herr describe both of those, how this RFP took place, and how they got here. Ms. Herr explained that when they put the RFP out, they put it out with two different requests. One was for a policy that matches the current policy and the other request was for an alternative that addresses the same issues. They were specific around the fact that they didn't want to add additional lines of coverage meaning they would offer coverage for this issue and then other lines of coverage so that employees would be payroll-deducted for multiple products. Ms. Herr advised that in the industry, the diagnosis of cancer can be addressed under a critical illness policy or a cancer policy. They do similar things very differently. The outcomes may be different but they still address the diagnosis of cancer.
Commissioner Dallari confirmed with Ms. Herr that this insurance that they offer their employees is paid 100% by the employee. Ms. Herr added that they have always been cautious around the idea of not letting the employees be oversold in terms of payroll deductions and that goes into the thinking of the Human Resources Department as well as the consulting provided. Commissioner Dallari questioned whether there would be any issue if the Board wanted to approve both of them and could they do that. Ms. Herr stated that in her opinion, Aetna will not accept that; so they could do that and ask her to go back to Aetna. Upon inquiry by Commissioner Dallari as to why Aetna wouldn't accept it, Ms. Herr stated that typically they would not offer two policies that do exactly the same thing; and the confusion that would be created by that is worrisome to her. Ms. Herr explained that the Allstate policy covers cancer in a way that the Aetna policy does not. At the point of diagnosis, you may wish that you had one versus the other. The Aetna policy covers things like heart attack and stroke and the Allstate policy does not. She noted that there are employers that offer multiple policies like that but she advised that may or may not be a good idea.
Commissioner Carey stated she can see the benefit of a critical illness policy but pointed out that they have over 375 employees enrolled in the cancer policy and over 190 of them have dependent coverage. What concerns her is that they have so many participants in it paying 100% that they would make this change, especially on the dependent coverage. As she reads the Aetna policy, if you have a dependent claim, it only pays 50% of the benefit. Ms. Herr confirmed that is correct.
Commissioner Carey stated that for all of the employees that are paying premiums to have their dependent coverage, she would have concerns. She would hope that Aetna may reconsider. She stated that they may need to put out an RFP for critical illness and let everybody in that business just come compete for it and maybe that eliminates the cancer policy at some point. She is not comfortable with totally eliminating Allstate at this point. She would hope that they consider approving both and let Aetna decide if they want to participate or not or continuing for a year with the current policy and put out an RFP specifically for critical illness and see what everyone has to offer when the RFP is focused on critical illness policies.
Commissioner Henley stated that he understood Mr. Murdock to say that the RFP called for a cancer plan and asked Ms. Herr if that was correct. Ms. Herr stated the RFP called for a plan that covers cancer. She stated her interpretation of it is different than that and added that most of the respondents responded with critical illness policies. Colonial, who is one of Allstate's direct competitors, responded with a cancer policy and as the alternative proposed a critical illness policy. Commissioner Henley asked what the language was in the RFP. Betsy Cohen, Purchasing & Contracts, addressed the Board to state the language in the RFP was for voluntary cancer and specified disease. Ms. Herr added that in addition they asked for an alternative. Commissioner Dallari stated he agrees with Commissioner Carey and is concerned that the family benefit goes to 50%. He stated he is also concerned about the premiums. In looking at the premiums on the spreadsheet that he got from staff during his briefing, Allstate is cheaper than Aetna and there are no limits of the benefits and in Aetna there is. Commissioner Dallari stated the issue is whether it is paid up front or paid as the need addresses, two different philosophies. Ms. Herr agreed that it is absolutely two different philosophies. Discussion ensued with regard to the benefit being up front versus the benefit being spread out. Ms. Herr explained that they also have to take into consideration the different treatment modalities; the Allstate plan pays based on treatment modality and the Aetna plan pays based on the diagnosis and you get the lump sum check.
Commissioner Dallari stated that unless he gets different information, he is leaning more towards Allstate and agrees with Commissioner Carey, to approve it for a year and put out the critical illness so that everyone is looking at apples to apples and not looking at different scenarios.
Commissioner Carey stated that with most critical illness plans, it is "one and done." If you get cancer today, you get your payment. If you get cancer five years from now because it came back, you don't get another payment. Upon inquiry by Commissioner Carey, Ms. Herr confirmed that is correct and that the Aetna policy is that way. Commissioner Carey confirmed with Ms. Herr that with the Aetna proposal, if you have a heart attack and get paid and three years later have another heart attack, you do not get paid again. Commissioner Carey stated if they decide that the critical care is the direction the Board wants to go, because it kind of goes hand in hand with some of the other insurance changes they have been making over the last five years, she believes there is a lot of education that needs to go into that for their employees before they eliminate something that so many of them are involved in. She reiterated that from her perspective, she would be inclined to say let's continue this for a year, go out for a critical care policy that includes all of that and see what everybody in the marketplace has to offer, including Allstate, who has a critical care policy. She noted that everybody reads an RFP differently. She believes that also gives them a year to work with their employees to educate them on the differences because clearly this plan is liked by their employees; otherwise, they wouldn't have as much participation as they have.
Commissioner Henley agreed with the comments of Commissioner Carey. He does not like the idea of just arbitrarily taking the policy away from that many without giving them a choice. He would have no problem going with Commissioner Carey's recommendation.
Commissioner Constantine asked Ms. Herr why, after opening the RFP and evaluating all of the proposals that she had, this one was chosen and why she felt this one was the one. Ms. Herr stated first of all the selection was not made by the consultant for the record. They provided the review of all of the materials and provided it to the committee. The committee reviewed it together and then provided their scorings. It is her impression that the selection was based on the ease of understanding and the fact that that policy paid for heart attack and stroke. She stated here is a frequency difference and explained how that difference was taken into consideration. Ms. Brandolini advised that the committee was made up of five employees, four from the BCC and one from the Tax Collector. Commissioner Carey noted that it sounds like the committee would like to look at other things besides cancer, which goes back to her comment about maybe they should look at a critical illness plan. She believes there are people that compete for those policies that didn't respond to the RFP because it was kind of written as a cancer policy with an alternate opportunity. Commissioner Carey reiterated that she could go with the idea that you approve both of them and if Aetna says they don't want to do it, then go out for an RFP. She stated she is flexible on this. Then, they have more time to educate their employees and really do a survey of their employees to see if they had other options, what would they be, understanding that insurance is complicated. The County has been making changes and they get a lot of questions about all of the changes, not just the dental and the other things that are offered as payroll deductions for the employees to select and pay for on their own but even in the health insurance that the County is providing to the employees.
Commissioner Constantine stated he thinks they have all pretty much stated their positions. He advised that he prefers the one that Commissioner Carey stated, which is to go back to Aetna and say would you like to put that policy out there and to also keep the policy they currently have and give employees the choice, understanding it is complicated and difficult. He believes that giving their employees that option is important.
Commissioner Carey stated if the Board was to approve both and Aetna comes back and says they don't want to participate, then she would want to see the County go back out to market for the critical care RFP. She also would like them to do some surveying and some discussion with their employees, particularly those who are enrolled in this. She believes they should include those employees when making these decisions because it is a choice for them. Even though it is nothing that the County is paying for, it is a benefit that is offered to them through the payroll deduction process and she believes they should have more input into the choices that are made.
Upon inquiry by Chairman Horan as to how many employees currently have the cancer policy, Ms. Brandolini advised there are 371. As to what happens to those employees if the County goes with a new carrier, Ms. Herr explained the current policy with Allstate is a group policy that has a conversion option. The employee would have the opportunity to contact Allstate and convert to their conversion policy. Chairman Horan asked what the conversion benefit would be and what the conversion cost would be, and Ms. Herr stated she does not know. Ms. Brandolini stated that Aetna has agreed to take those that were on the Allstate plan and give them credit for the time they were on Allstate so there would be no preexisting for those individuals that were already on the Allstate plan. Chairman Horan questioned how many proposers there were for the RFP, and Ms. Herr stated there were nine and a couple of them proposed options. With regard to how many of the proposers offered a critical illness policy, either as an alternative or as a main policy, Ms. Herr stated that seven of the nine offered a critical illness policy and two offered a cancer-only policy. Upon further inquiry, Ms. Brandolini indicated there were five employees as part of the review process. Ms. Herr advised that neither she nor Ms. Brandolini were voting members of that selection group.
Chairman Horan stated he has reviewed the process and thinks the process was fair. He thinks they got a representative sample in the market of critical illness policies, so he does not really see the benefit of going out again for a critical illness policy. He questioned why the County went out for an RFP, and Ms. Herr stated the reason was based on the number of years it had been since they last looked at the market and for dental. Aetna actually proposed dental and the critical illness policy.
Commissioner Carey stated that she is ready to make a motion because it was a fair process and there was only a one-point difference between Aetna and Allstate so it was a very close ranking.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to award RFP‑602600‑16/BJC, Employee Benefits: Voluntary Cancer & Specified Disease to Aetna Life Insurance Company, Hartford, CT and American Heritage Life Insurance Company d/b/a Allstate Benefits, Jacksonville, FL; authorize the negotiations and execution of the Benefits Plan documents; and to have further discussions about going back to the marketplace if Aetna declines and after discussion with the employees.
Under discussion, Chairman Horan stated he has concerns in that he is always very hesitant in procurement matters to overturn a fair process that was entered into by the staff because that sends the message to the market that you can ignore staff and just lobby at the County Commission level. He does not like doing that and will be voting against the motion. Commissioner Constantine stated in lieu of what the Chairman just said, he concurs 100%; but this is a little bit different in the sense that it is a new policy and they are dealing with one circumstance in which you have got one cancer care and one with critical care. He thinks there is confusion there and he just wants to say for the record that this is not a precedent setting vote for the very purpose that Chairman Horan has indicated.
Chairman Horan stated his concern is not precedent, his concern is he does not feel comfortable substituting his judgment for the judgment of a group of people and the County's process. Commissioner Henley stated that decision made by those five people affects a large number that didn't have any choice. Commissioner Carey stated she thinks that it is their responsibility to do a lot of homework and ask a lot of questions. She has talked numerous times with staff and with their insurance consultant. She has spoken to Mr. Murdock and other people in County governments that have critical care policies and have made those changes and how they transition from one to the other, which is the basis of the comments that she has made and the motion that she has made as well.
Commissioner Dallari stated that the County asked for a cancer policy and did not ask for a critical illness policy. In looking at the spreadsheet that they have all seen, Allstate is cheaper. He advised that it is a judgment call and Chairman Horan agreed that it is a judgment call.
Districts 1, 3, 4 and 5 voted AYE.
Chairman Horan voted NAY.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
19. Approve Expenditure Approval List dated August 1, 2016; Payroll Approval List dated July 28, 2016; and the Board Execution of 2015 Property Tax Roll Final Recapitulation Report identifying the errors, insolvencies, double-assessments and discounts applicable to the 2015 tax roll. (A-2554-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Public Road Maintenance Bond #1961830 in the amount of $8,414.07 and Private Road Maintenance Bond #1961795-M in the amount of $48,765.73 for the Bellevue Subdivision.
2. Right-of-Way Surety Bond #5214709 in the amount of $1,666.00 for Spring Tree Village Apartments II, LLC.
3. Private Road Maintenance Bond #59BSBGY6018-A in the amount of $50,012.41 and Paving and Drainage Improvements Cash Maintenance Bond in the amount of $2,432.33 for Hampton Estates Subdivision.
4. Irrevocable Standby Letter of Credit #347022432-L004 and Maintenance Agreement (Road Improvements) in the amount of $8,035.70 and Irrevocable Standby Letter of Credit #347022432-L006 and Private Road Maintenance Agreement in the amount of $24,458.20 for the Lake Sylvan Oaks subdivision.
5. Florida Public Service Commission Order #PSC-16-0292-CO-WS, Consummating Order regarding Utilities Inc. of Florida, Docket #160104-WS, issued July 25, 2016.
6. Florida Public Service Commission Order #PSC-16-0270-TRF-EI, Order Approving Modifications to Standby Generation Tariff regarding Duke Energy Florida, LLC, Docket #160093-EI, issued July 15, 2016.
7. Florida Public Service Commission Order #PSC-16-0296-PAA-WS, Notice of Proposed Agency Action Order Granting Utilities, Inc. of Florida’s Request for Water Rate Increases in Marion and Seminole Counties, Docket #150269-WS, issued July 27, 2016.
8. Tourist Tax Funding Agreement with Nations Baseball of Greater Orlando, Inc. for 2016 Summer Slugfest.
9. Tourist Tax Funding Agreement with Prospect Wire, Inc. for 2016 Elite Week/Summers End Classic.
10. Parks Contract for Services with Matthew Mero.
11. Development Order #16-275000016, Alcoholic Beverage License for Victorio’s Oyster Bar & Grille, 464 S. Hunt Club Boulevard, Apopka.
12. Quitclaim Deed for Right-of-Way with Urgent Care Developers of West Lake Mary, LLC.
13. Recording of Plats and Title Opinion for Hardy Plat.
14. Development Order #16-27500008, Alcoholic Beverage License for Jimmy Hula’s, 3837 Lake Emma Road, Lake Mary.
15. “The Senator” Artwork Gift Agreement with The Lawton House for the art piece known as “Eagle on a Branch,” as approved by the Board of County Commissioners on June 14, 2016.
16. PS-0592-16, Design Services Agreement with Metric Engineering, Inc. re: SR 434 and CR 427 Intersection Improvements, as approved by the Board of County Commissioners on June 14, 2016.
17. Third Amendment to PS-9462-14 with Ayres Associates, Inc.
18. Amendment #1 to Work Order #3 to PS-9462-14 with Ayres Associates, Inc.
19. Amendment #1 to Work Order #44 to PS-8148-12 with Atkins North America, Inc.
20. Amendment #1 to Work Order #2 to RFP-9601-14 with Revere Controls Systems, Inc.
21. Notice to Proceed with Work Order #4 to CC-0559-15 with Southland Construction, Inc.
22. Work Order #7 to CC-0559-15 with C.E. James, Inc.
23. Amendment #2 to Work Order #14 to PS-8186-13 with Hazen and Sawyer, P.C.
24. Change Order #4 to CC-9859-14 with Gibbs & Register, Inc.
25. Change Order #2 to Work Order #6 to CC-9072-13 with BSE Construction Group.
26. Work Order #59 to PS-8148-12 with Parsons Brinckerhoff, Inc.
27. Amendment #7 to Work Order #1 to PS-5738-10 with URS Corporation Southern.
28. Amendment #3 to Work Order #1 to PS-8419-13 with Johnson, Mirmiran and Thompson, Inc.
29. Change Order #1 to Work Order #2 to CC-0559-15 with Southland Construction, Inc.
30. Work Order #60 to PS-8148-12 with CDM Smith, Inc.
31. Bids as follows:
BID-602623-16 from Santa Cruz Construction, Inc.;
RFP-602600-16 from Lincoln Financial Group; Florida Combined Life Insurance Company; Hartford Life and Accident Insurance Company; Ameritas Life Insurance Company; Colonial Life & Accident Insurance Company; Unum; Metropolitan Life Insurance Company; Solstice Benefits, Inc.; Aetna Life Insurance; Allstate Benefits; Humana; Liberty Dental Plan of Florida, Inc.; Delta Dental Insurance Company; Renaissance Dental;
IFB-602595-15 from Crew Labor Maintenance Management Group; P&L Lawn Maintenance, Inc.; Brightview Landscape Services, Inc.; Duval Landscape Maintenance;
CC-0705-16 from Central Florida Environmental Corporation; and
PS-0592-16 from AECOM Technical Services, Inc.; Bentley Architects + Engineers, Inc.; Cribb Philbeck Weaver Group; DRMP, Inc.; Gannett Fleming, Inc.; Johnson, Mirmiran & Thompson, Inc.; Metric Engineering, Inc.; Michael Baker International, Inc.; Vanasse Hangen Brustlin, Inc.; and Wantman Group, Inc.
Agenda Item #20 – A-2496-16
Angi Kealhofer, Planning & Development, addressed the Board to present a request for a Special Event Permit for the Festival del Bacalaito Spanish Cultural Event, 440 Hickman Drive, September 24 and 25, 2016, Alex Torres, Applicant, as outlined in the Agenda Memorandum. Ms. Kealhofer reported the hours of operation and stated the estimated attendance will be approximately 1,500 people per day. She explained that the Special Event Permit in the Agenda Memorandum contains the findings and conditions of approval and added that staff is recommending approval.
Alex Torres, Applicant, addressed the Board to discuss the goal of this event, which is to celebrate Hispanic Heritage Month. Mr. Torres described how the Hispanic community is shifting into Seminole County. He added that his goal is to create an event that highlights his traditions with the support of the County to hopefully make the event a long-term partnership.
With regard to public participation, no one else in the audience spoke in support or in opposition to Item #20 and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a Special Event Permit for the Festival del Bacalaito Spanish Cultural Event, 440 Hickman Drive, September 24 and 25, 2016, with the findings that the proposed Event is reasonably compatible with nearby existing development, does not pose an unreasonable safety or health risk for patrons or neighbors, and with the condition that the Event complies with the conditions of the Special Event Permit.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board recessed the meeting at 10:30 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Jane Spencer who was replaced by Deputy Clerk Kyla Spencer, 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.
Seminole County Port Authority
Agenda Item #21 – PH-2016-394
Proof of publication calling for a public hearing to consider approval of the Seminole County Port Authority FY 2016/17 Budget, received and filed.
Michael McLean, Chairman of the Seminole County Port Authority, addressed the Board to state they had the pleasure of working with County Manager Nicole Guillet and Deputy County Manager Bruce McMenemy in the budget process to give the Board the information they need to make important decisions through the process.
Andrew Van Gaale, Executive Director of the Seminole County Port Authority, addressed the Board and thanked Commissioner Henley for being on the Seminole County Port Authority Board and for his assistance and guidance through this process. Mr. Van Gaale explained that for the current year they have operational revenue of about $1,896,000 with expenses of just about $1.4 million, bringing them to around $500,000 profit, which is about 26% to 27% profit for the end of the year. He added that with the current year, they had a budget of $300,000 surplus funds to go to the County, which will be coming out of FY 2015/16 in October. In December they are going to add another $200,000 to make that essentially $500,000 for this year. Mr. Van Gaale stated that that will be the same as they get into next year, and there will be another $500,000 programed to go to Seminole County out of surplus funds. He noted that they did it differently this year to get some auditing done, but they will see a $700,000 contribution in this budget for next year.
Mr. Van Gaale referred to the Budget Memo in the agenda backup. He pointed out that for FY 2016/17, they are bringing a total budget of $4,394,230; and they are projecting revenue to be at $1,823,385, which is an increase of about $25,000 over the current year. Mr. Van Gaale stated part of that is because occupancy has remained at almost 95% all year. He noted they are finishing a build-out on a large facility, so they anticipate moving into next year being at 100% occupied with a waiting list, so business is good in the industrial sector. Mr. Van Gaale explained that with regard to expenditures, they have programmed some significant capital improvements. They have been working with the consulting engineers to address their drainage issues. He stated that they are spending close to $1 million next year on a Phase 1 drainage infrastructure project. Mr. Van Gaale added that it will be a two-phase project; next year they will see major truck lines coming in, and they will essentially close a lot of the open ditches and go underground with inlets and a more modern system. It will help with ongoing maintenance and functionality of the Port. He stated expenditures in this budget are $2,051,835, which is about a $500,000 increase due to the upcoming projects.
Mr. Van Gaale explained that for the next two to three years, they will see the expenditure line item go down significantly. With that, they do not anticipate a profit next year. They do have cash carried forward, plenty of reserves, and have been building up; but because the expense is going to be higher than the revenues for that year, there will not be a profit per se.
Mr. Van Gaale reviewed the total cash budget for FY 2016/17 and noted they will move into October with $2,570,854 in the bank. He noted that this budget will close the FY 2016/17 with a cash carried-forward balance of $1,642,404, so they are still in a strong position to move into the second phase of improvements that will be geared towards safety, pedestrian access, intersection improvements, and lighting to bring the Port up to speed. He pointed out that there is a lot of new development, so they are progressively improving the Port.
Commissioner Dallari confirmed that the various intersections, sidewalks, and paths Mr. Van Gaale mentioned follow all the standard DOT regulations. Mr. Van Gaale noted that the consulting engineers happen to be CPH, and they are aware of the regulations. He mentioned that there are major improvements in the port area so they have had the whole port surveyed; and the roads are undersized for the traffic they have today, so they look to improve those as well.
Commissioner Carey suggested Mr. Van Gaale get with staff and talk to them about some of the projects that are programed for Orange Boulevard because there are some improvements programmed. The Public Works Director, Jean Jreij, could fill him in on that. She noted the Port has a long-range plan, especially for the drainage issue, and she is happy to see that get fixed. Commissioner Carey pointed out that doing it over a couple years is probably the only way the Port Authority could afford to do it. Mr. Van Gaale responded logistically too, they start with the big lines and move up into the smaller ones.
Mr. Van Gaale stated that they would like to see some access to the trail system at the Port and believes it would be a wonderful trailhead. He noted that there are a lot of bikers that use Orange Boulevard and travel down SR 46. Commissioner Carey stated there has been some discussion about what happens when Phase 3 of the Riverwalk gets down to I-4 and whether or not there could be a trailhead there to make a connection from point A to point B. She pointed out that most of the I-4 right-of-way expansion is going to be taken off the east side of I-4, not necessarily on the side next to the Port. Commissioner Carey stated they have talked about different sites in that general vicinity, but she is not sure how they could get everything connected there. Mr. Van Gaale replied that they have about 2.5 acres that would work well if they don't put industrial on it, so they could do something to that effect. There is also an abandoned short-rail right-of-way that would get them pretty close to it; so when they do more master planning, they will do some big markups. Commissioner Carey asked staff to take a look at that, and stated if the Port Authority is interested in putting a trailhead out there, it would certainly help. Mr. Van Gaale agreed. He stated it would help the tenants such as the deli restaurant and Otters on the River. The Board briefly discussed Otters on the River.
Chairman Horan asked how much money they are taking out of reserves and placing into capital improvements. Mr. Van Gaale answered about $600,000 to $700,000 because they are moving in with $2.5 million; so the Phase 1 is about $750,000 and that is construction. Chairman Horan confirmed that all of the reserves that the Port Authority has will be turned into a capital asset. Mr. Van Gaale mentioned the Port Authority and the Board has had the discussion about saving the cash so the Port Authority could get to where they are now. He explained they won't have to do any financing or bonding, just pay as they go. He reminded that they also talked about long range, and that should bring up significant levels of contributions to the County.
Chairman Horan asked about occupancy rates. Mr. Van Gaale informed him that rates are inching up a little bit. He explained that they do have escalators in their leases that go up about 5% every two years. The reason they are only 95% is because they had a big facility split in half, and they are spending about $300,000 to build out the office and divide the building. Commissioner Carey stated the nice thing about it is that the one big space at the front entrance on the west side looks better with the current tenant. Mr. Van Gaale noted that the recycling business was tough; and it put the Port back a little bit because they couldn't use the land since it was tied up in taxes and bankruptcies.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve the Seminole County Port Authority FY 2016/17 Budget, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Nuisance Abatement/1250 Dunbar Avenue
Agenda Item #22 – PH-2016-389
Liz Parkhurst, Building Division, addressed the Board to present the request to declare the existence of a Public Nuisance at 1250 Dunbar Avenue as outlined in the Agenda Memorandum. Ms. Parkhurst pointed out that pursuant to Chapter 168 of the Seminole County Code, a Summons to Appear along with the Notice of Determination was served on Marcel Thompson, the record property owner, by the Durham County Sheriff’s Office on July 12, 2016. Staff is recommending the Board issue an Order declaring the unoccupied structure a Public Nuisance and require corrective action be taken by October 22, 2016. In the event the corrective action is not taken, staff is recommending that the Board direct staff to abate the public nuisance. Commissioner Carey pointed out that this is part of Bookertown, a historic black community; and the County has been working very closely with the citizens to help clean up the community. She mentioned that they are making progress; however, Dunbar is one of the main streets into the development, and this house is scary to even get close to because of all of the things that are outside. She confirmed that Paul Watson, Building Division, has been in and around the house as much as he possibly can. Commissioner Carey stated they have had a couple other houses that they would not think would ever be habitable again, and they have had owners comment that they want to fix them up but they continue to be a nuisance while they are in the process.
Paul Watson, Building Division, addressed the Board to state he went out with the Sheriff's Department to look at this property about a year ago. They went all the way through the house and it has no bathroom, no facilities, no water, no electricity, the roof is falling in in a couple of places, and the floor is not good either. Commissioner Carey asked if there was a response from the owner. Mr. Watson answered that he has talked to the homeowner over the phone and he is aware of the condition of the house and wishes it to be taken down. Commissioner Carey confirmed there will be a lien placed against the property if the County is the one to remove it.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2016-R-134 issuing an Order to declare the existence of a Public Nuisance at 1250 Dunbar Avenue, Sanford; to require corrective action by October 22, 2016; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner.
Districts 1, 2, 3, 4 and 5 voted AYE.
Amendment to the Seminole County Code
Chapter 270 “Water and Sewer” Part 9
Agenda Item #23 – PH-2016-263
Proof of publication calling for a public hearing to consider the adoption of an Ordinance amending the Seminole County Code, Chapter 270, “Water and Sewer” Part 9, Storm Sewer System Illicit Discharge, received and filed.
Shannon Wetzel, Watershed Management Division, addressed the Board to review the item as outlined in the Agenda Memorandum. She explained that the original Ordinance was adopted in 1999 as a requirement of the County’s first National Pollutant Discharge Elimination System (NPDES) Stormwater Permit. The revised Ordinance clarifies and updates the current Ordinance to be consistent with the County’s NPDES permit and current state regulations. Ms. Wetzel added that the current education inspection and enforcement programs associated with this Ordinance will continue to operate in the same manner, and no additional operating requirements are anticipated based on the revisions to the Ordinance.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt Ordinance #2016-27 amending the Seminole County Code, Chapter 270, “Water and Sewer”, Part 9, Storm Sewer System Illicit Discharge, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Amendment to the Seminole County Code
Chapter 270 “Water and Sewer” Part 12
Agenda Item #24 – PH-2016-260
Proof of publication calling for a public hearing to adopt the proposed Florida-Friendly Use of Fertilizer on Urban Landscapes Ordinance amending the Seminole County Code, Chapter 270, “Water and Sewer” by adding Part 12, “Proper Use of Fertilizers”, received and filed.
Ms. Guillet requested that the Board consider continuing the item to the September 27th meeting.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to September 27, 2016, at 1:30 p.m., or as soon thereafter as possible, a request to adopt the proposed Florida-Friendly Use of Fertilizer on Urban Landscapes Ordinance amending the Seminole County Code, Chapter 270, “Water and Sewer” by adding Part 12, “Proper Use of Fertilizers”, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey stated it is interesting that the Board is finally having the discussions about stormwater and fertilizer because they started the discussions quite some time ago when the State started talking about a statewide Fertilizer Ordinance. She and Commissioner Constantine get regular updates quarterly every time they have a Wekiva Basin Commission because all of the particular departments for environmental protection have to report on the status of those things. She added she looks forward to the Fertilizer Ordinance and noted they just had an update on August 15th at the Wekiva River Basin Commission.
Commissioner Carey stated that Noranne Downs, District 5 FDOT Secretary, has announced her retirement for January 31, 2017, and commended her for being a wonderful leader.
Commissioner Dallari announced he would like to see a Resolution of Appreciation to Noranne Downs so the Board can officially thank her for her dedication the County. Chairman Horan agreed and noted Ms. Downs is a true professional and it has been a pleasure to work with her.
Commissioner Dallari noted he went to the Sikh Temple off Aloma, and they wanted to express their appreciation for all the things the County has done for them.
Commissioner Constantine stated he celebrated the Indian Independence Day at a Hindu Temple with Commissioner Dallari, and it was a wonderful event.
Commissioner Constantine also expressed his appreciation for Noranne Downs. Regarding the 1-4 rest area, he suggested they bring her in sooner than later while she is still with FDOT because in talking to her, she is now aware that Debary is interested in the potential of possibly having a public/private partnership for a truck stop in their area. Commissioner Dallari asked if staff could contact Ms. Downs to get that rest-stop area started. Commissioner Carey stated that some of the land owners along the corridor have contacted the Volusia County Commission and indicated to them that they would really like their board to reconsider their position. Commissioner Constantine discussed the Wekiva River Basin Commission. He explained that both DEO and St. Johns reiterated the point about how important the Fertilizer Ordinance is, and he wanted to note he is looking forward to the Ordinance coming back on September 27. Commissioner Constantine stated in regard to the rest area, he asked the DEP to look into doing an air quality study at the I-4 rest area. The DEP indicated they would get back to him as quickly as possible after they do some research.
Commissioner Henley echoed what the other Commissioners stated in regard to Noranne Downs.
Commissioner Henley announced that the Bus Drivers Union of Lynx has filed an unfair labor practice, which Lynx is responding to. They are trying to renege on an agreement that was negotiated, voted on by the membership, and approved overwhelmingly. He added that they want to use $600 of trustee dollars to pay attorney fees that they had authorized.
Chairman Horan congratulated two Seminole County residents, Jenny Barringer Simpson and Matt Kuchar, for winning bronze medals in the 2016 Summer Olympics.
Chairman Horan stated he attended the Mayors and Managers meeting on August 16th and gave a report on Zika pertaining to what the County is doing with their funds, when the applications can occur, and public information. He explained there will be some coordination with the cities in terms of their public information. Chairman Horan mentioned he also went through the County's recent sales tax presentations and summary, and invited the cities to participate in those work sessions, and continue to coordinate their sales tax programs with the County's. He stated that the School Board made a presentation at the Mayors and Managers meeting that is revelatory because a certain disappointment was attached to the fact that Seminole County did not get an A rating for their school district. Commissioner Carey noted they missed the A rating by two points. Chairman Horan opined that when 3 out of the 67 counties receive an A, there is something wrong with the grading system, especially in a state with a lot of job development where everyone is talking about the tremendously well-educated workforce. Commissioner Henley pointed out that that failure rate was projected from the moment they adopted that system. Chairman Horan stated that he thinks it is a disfunctionality that does not match reality.
Chairman Horan advised the Board that they may have received a letter from the Seminole County Tax Collector Ray Valdes in regard to communicating with Airbnb regarding the information they need in order to correctly assess the taxes. This is a follow-up on an item that came up before.
Chairman Horan announced that there is a wonderful article on Justice Supreme Court Judge James E.C. Perry in the Florida Bar Journal about his life and growing up in North Carolina and coming to Seminole County. Chairman Horan confirmed there was consensus of the Board to give appropriate recognition to Judge Perry at a later metting.
Chairman Horan requested Ms. Guillet discuss the Commission on Homelessness report. Ms. Guillet stated that yesterday she forwarded a Governance Report to the Commissioners that was prepared by the Commission on Homelessness. She explained that there was a study commissioned by the Commission on Homelessness to look at the governance structure for the agencies that address homelessness within the Central Florida region. There are two primary agencies right now. One is the Commission on Homelessness, which is really an advocacy committee more than anything else, and they have done a wonderful job raising awareness of the issue within the community. Ms. Guillet stated the other agency that was reviewed as part of the report is the Homeless Services Network (HSN), and that organization serves as the Continuum of Care in the Central Florida region, which is the agency through which HUD dollars are funneled with respect to homelessness.
Ms. Guillet explained that there has been a concern growing in the community about the transparency and the governance of HSN. She opined that the new leadership there has really done a great job raising awareness and correcting some of the deficiencies that were in place. There has still been a concern about the level of accountability. Ms. Guillet stated that right now that agency is primarily accountable to HUD, although those dollars are distributed in the community based on community need within Orange, Seminole and Osceola counties. She explained that the study took a look at what might be a better approach to managing those funds as well as all the other resources that are available with respect to homelessness in the Central Florida region. Ms. Guillet noted that the recommendations that came out of the report were that they take an approach wherein the Commission on Homelessness and the Continuum of Care are somewhat merged together. Regarding the leadership and governance structure of the Continuum of Care, which is the vehicle by which HUD dollars are administered, that Continuum of Care board be made up primarily of elected officials from the area.
Ms. Guillet explained that the model that they used was the MetroPlan Orlando model where they have actual elected leadership deciding where the federal dollars are going. She stated that under this scenario, HSN would still serve as the lead agency, which is the agency that is required to process the notice of funding availability and request the funds from HUD; but under the new structure, that governing committee, which would be made up primarily of elected officials and people that are accountable to the citizens within the region, would direct how the lead agency put together the funding options with respect to the HUD dollars. Ms. Guillet noted that it is also envisioned that the commission, which would kind of morph into a council, would also serve as a coordinating agency for other funding options and opportunities with respect to homelessness as well as serve as a marketing and a fundraising arm to try to integrate all of the various efforts that are going on in Central Florida to address homelessness. It is not a council that is intended to take over what everybody else is doing, but it is a mechanism that will provide a greater degree of coordination much like they see at MetroPlan with respect to transportation projects. Ms. Guillet added it will also increase transparency and accountability with respect to the public dollars that go into addressing homelessness.
Ms. Guillet stated that Chairman Horan is going to the executive committee this afternoon to talk about the proposal under this study. She explained that there was a smaller group meeting last week that she and Chairman Horan attended with just elected officials to discuss the concept, and it was received very well. She thinks that today Chairman Horan is looking for some feedback from the Board with respect to whether or not they are comfortable with this approach and if this is something that they would support as a local government.
Chairman Horan stated the executive committee meeting is today and the full meeting of the board will be tomorrow where they are actually going to make a decision as to whether they will go forward with consideration of this governance structure. The basic thing he needs to know is, is the Board comfortable just in going forward to proceed with a Memorandum of Understanding and then implementation and so forth down the stream. He explained that as the County Manager pointed out, this is the end of a pretty diligent process where everyone came to the conclusion that with $40 million to $50 million on the table (all the money that the various jurisdictions are spending in the region, the money that is coming to HUD through HSN, the money that is coming through the Central Florida Foundation that is leveraging money from Disney and the Florida Hospital), they are not doing a very good job of governing all of that. Chairman Horan stated consequently, he thinks everyone has the sense that the accountable people have to be the local government officials. He explained that they have had such an HSN-centric type of process where that board is basically comprised of providers and the HUD process is set up to create a stable ecosystem of competent providers. In that process, Seminole County has a more difficult time of getting its fair-share allocation because obviously the more material providers, the larger providers, and more influential providers are located in the more urban areas.
Chairman Horan stated what they are looking for is a governance structure where the elected officials are all at the table at the same time and where they allocate those particular resources and leverage them better, especially in light of the fact that now they don't just have $8 million coming in every year from HUD through HSN, but they have many millions of dollars more that must be used efficiently. Commissioner Carey stated HUD has changed some rules that will allow more of that money to be used for the homeless issues; but just in thinking about that, one of the issues early on that Central Florida had with MetroPlan that has changed now over time was that if there was something that really impacted Orlando and Orange County, the membership was such that they could out vote the rest of the region by banding together. She expressed that she wants to make sure that they are really careful about how it is set up.
Commissioner Carey explained that when she was the chairman and on the Commission on Homelessness, which was under the leadership of Linda Lindman Gonzalez, they had a workshop to talk about what the future of the Commission on Homelessness looks like and how that would morph; and there has been a lot of changes to the Homeless Services Network. Commissioner Carey reminded that the board used to be all providers but has now kind of re-tooled and now does not have a majority of providers as it was in the past. She believes Martha Are is a very experienced capable leader; but the Seminole County Action Board and the boards that have been developed out of the homeless plan that the County has adopted are concerned about the fair share of dollars and how the money is allocated, so this is a really critical thing. Commissioner Carey opined that there is a benefit to the County being able to pool their money and go after bigger opportunities whether it is not just HUD grant funds but other funds, matched funds. She stated for example the Florida Hospital money; things that the County had to do that others were doing just because they understood how to maneuver through the process. Commissioner Carey stated it is a complicated process to get through to figure out how to best go get the money. They need the experts like Martha Are; Phillip Mangano, a representative that the County hired to advise; and others. Commissioner Carey discussed how MetroPlan started with all elected officials.
Commissioner Dallari noted transparency is always a good thing and he likes the idea that they are going to move into a process where they are going to try to bring more transparency to how money is allocated. He discussed the MetroPlan Board and explained it is not just the board and the committees that make it work, it is also the process. He believes that in moving forward with this there has to be both a short-term plan and a long-term plan and a process that can quantify what happens and how it happens, not just a knee-jerk reaction. Subcommittees and committees are just as crucial as the main MetroPlan Board. Commissioner Dallari added there are elected officials as well as non-elected officials on that board. Commissioner Carey clarified that there is a Citizens Advisory Board. Commissioner Dallari replied that is true, but even on the main MetroPlan Board, the Sanford Orlando Airport sits on it, LYNX sits on it; there are a lot of different entities that make it up, and there is a whole calculation which is based on population and sectors of who is involved in transportation.
Chairman Horan stated Commissioner Dallari portended the content of the report. He explained that if they look at what was recommended, a very similar type of structure was recommended in terms of advisory boards and the stakeholders; and that really is why HSN's role here and the role of the Central Florida Commission on Homelessness is still important because the marketing and the awareness and the community building would still be done through the Central Florida Commission on Homelessness as a committee. HSN would still be the lead agency focused primarily as its regulations require it to be focused on building that stable ecosystem of providers. Chairman Horan added that the providers would be involved, but in terms of the planning, the process, where they keep their expertise, how they apply that expertise, where they are going in the future, that would be under the direction of the public officials and those committees under them. Commissioner Dallari noted MetroPlan has to review the makeup of all of the boards every 10 years.
Chairman Horan stated there is a great slide in the report that shows how much money all the jurisdictions are already spending on this, and it should be enough to really put a dent in the problem if it's handled in a way that is structured and planned and processed. Commissioner Dallari stated without reading the report, he believes that it should be going in this direction; but he would like to understand the method and the process on how they are getting there and that's going to be in the details. He added that he wants to make sure the MOU is transparent enough so they understand how this is all going to morph into it. Chairman Horan stated that transparency is one of the most important elements of all of it.
Commissioner Henley expressed he has some mixed feelings. He stated the report mentioned MetroPlan, but MetroPlan is a planning agency, and it doesn't implement anything. He explained he is concerned that they might be creating another bureaucracy that has to be fed and that has a tendency to grow. He agreed the issue is important but the recommendation in the report was to hire a CEO, then hire a CEO in charge of finance, and hire a CEO for something else; so before they ever get organized, they are already talking about staff. Commissioner Henley pointed out those are his concerns because it can get out of hand on a board like that if they are not careful, and they may wind up more concerned about the organization than the problem they are trying to solve. Chairman Horan stated he said almost virtually the same thing at one of the executive committee meetings.
Chairman Horan stated they have a plan that is ready to go right now, and they already have a commitment from the Central Florida Foundation for several hundred thousands of dollars for their plan. He explained that Orange County doesn't even have a plan right now; so consequently, what they have is a situation where they have driven the conversation on this, including the conversation as to the governance structure, all with the pull-start consideration being measuring outcomes instead of outputs. Commissioner Henley stated that has got to be the issue. Chairman Horan noted Commissioner Henley's consideration is foremost in his mind and foremost in the mind of everybody because this is a social problem that requires outcomes to be accomplished; and they know one thing for certain, the human suffering and homelessness and affordable housing are going to be continuing issues. He added that they know they need an effective infrastructure to get outcomes, and that is what this is all about.
Ms. Guillet stated with respect to the structure of the governing board, the COC, which is the vehicle by which the federal funds are administered, there are specific federal guidelines as to who has to be on that and providers need to be represented, so there are some regulatory structures that will have to be considered. She explained that just because it is going to serve as a COC, that doesn't mean they can't have a broader board. The core board, the COC, would deal with the issues of coordinating other efforts with respect to homelessness and to issue awareness, and they could have a larger board with broader representation. So there are a number of different options that they could pursue with respect to addressing the different needs and the different concerns. Commissioner Dallari stated he wants to make sure that they are not hiring a whole new staff like Commissioner Henley spoke about. Ms. Guillet stated the Commission on Homelessness has an executive director now that will be leaving at the end of the year, so really one of those positions could fall into that slot. And she does agree with Commissioner Henley and Commissioner Dallari, but they do need some staff. She explained they have staff at the Commission on Homelessness already so she thinks some of those people might roll into some of those other roles.
Ms. Guillet discussed fair share. She explained that this proposed governance structure doesn't solve the fair-share issue. It is a step in the right direction and she thinks it gets the County closer to that because of the level of transparency and accountability that this proposal will generate. Ms. Guillet noted she wants to be sure that the County doesn't stop talking about fair-share just because of this. Fair-share is still a very important issue and she believes this is a better vehicle to get them there than the existing structure that they have. Chairman Horan agreed because the existing structure is really focused on that process and on creating the ecosystem of providers, where they are really focused on outcomes. He added that when it comes to providers, the more urbanized areas are the ones that have providers that have more experience; so when they focus on the process that they have now, the County is at a disadvantage. This process will take that disadvantage away and actually quarantine it to that particular function of maintaining the providers that can be plugged into but not be handicapped by. Commissioner Carey stated some of the providers are in specific areas and it is going to be very difficult to expand some of those because most of the providers are not-for-profits, so it is not going to be cut and dry and real simple, it is a very complicated issue. She is happy to see an MOU, but it is not going to be easy to get something that everybody can agree on in the region.
Chairman Horan stated the bottom line is coming to an agreement with regard to who is going to be in charge, not whether they are going to give up the ability to address their own problems in their own county. He explained that right now nobody is in charge, everybody has their own plans, they are spending tens of millions of dollars and nobody is coordinating with each other, and there is absolutely no transparency as far as the HSN process is concerned. Chairman Horan said he believes this is a step in the right direction.
Commissioner Carey commented that their issues are all different which is why everybody has their own plan and is kind of doing their own thing. This County’s issues are totally different from downtown Orlando’s issues, and the solutions are totally different. She opined the most important thing that could happen out of having a structure like they are talking about would be that the group could agree to prioritize as a region and look at how they could take the funds that they get and match or parlay those into something else because the solution cost is totally different. The cost to house a chronically homeless person is different from housing a family; the wraparound services are also different. And they know what it costs to put someone in jail; it’s not very effective and it’s $35,000 a year per person. She stated she thinks it is going to be a delicate process to figure out how they are going to make it work for everybody.
Commissioner Constantine stated when they are doing it regionally and they are doing it new, it is going to be complicated. He is sure they can work it out and thinks Chairman Horan is on the right direction. Chairman Horan expressed he doesn't expect this to be easy, and it hasn't been so far. He stated he has been impressed by the good faith of his colleagues in Orange County and the City of Orlando. Chairman Horan noted both Mayor Jacobs and Mayor Dyer want a regional approach. He explained that they understand the County's fair-share allocation concerns because they now understand how the HSN process works, and they understand that the County is spending a lot of money and they are spending it in multiple ways, but they are not coordinating. Chairman Horan stated if everyone is okay with the direction going forward towards an MOU, he will come back with what the process is going to be after they do it. No objections were voiced.
Chairman Horan stated Seminole County and Orange County staffs are talking together with regard to transportation and stormwater planning in the eastern sector. He spoke very briefly with Mayor Jacobs about approaching an interlocal agreement again, so they know that the ball is rolling on that. Chairman Horan explained there is a crucial, critical massive interest that has been driven by these two projects and there are all kinds of issues here that might make this a propitious time for getting some regional planning done.
Commissioner Carey stated she thought that the response that Mayor Jacobs got from Secretary Boxold about trying to work together with the Expressway Authority to do some common express lanes in the SR 50 corridor was kind of interesting. She explained that Mayor Jacobs asked Secretary Boxold to put it in writing, which he recently did, and Commissioner Carey suggested the Board see the letter if they haven't yet. Commissioner Carey expressed that hopefully they will be able to find some common ground of how they can work together to move transportation based on the answer that they got. She stated that they have given the Expressway Authority direction to look at alternatives in the event that they can't work it out with the State to coexist in the SR 50 corridor, and the reason given was because there was federal funding involved. Commissioner Carey noted there are several correspondence letters floating around and she believes they have been copied to the Chairman's office.
Chairman Horan stated he is happy that they are getting the ball rolling right now where the staffs are actually talking to each other. He thinks they just need direction from the public body and from leaders because the solutions are there; paying for the solutions is always going to be difficult. He added the County is driving the conversation, and that is good.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of a letter dated July 29, 2016, from Congressman John Mica to President Barack Obama re: distribution of Zika funds.
2. Copy of a letter dated August 5, 2016, from Chairman Horan to Petrina T. Herring, Administrator, Office of Criminal Justice Grants, Department of Law Enforcement, re: Edward Byrne Memorial JAG Grant.
3. Letter dated August 10, 2016, from Traci Houchin, Deputy City Clerk, City of Sanford, to the Seminole BCC re: Notice for Ordinance No. 4388, annexation of 20.19 acres between Lake Mary Boulevard and SR 417 and between S. Sanford Avenue and SR 417.
4. Letter dated August 10, 2016, from Christine Dorchak, Esquire, to Chairman Horan re: thanking him for allowing the vote on the Greyhound Protection Act.
5. Letter dated August 12, 2016, from the City of Oviedo to property owner re: public hearing on Tuesday, August 23, 2016, at 6:30 p.m., for Zoning Map Amendment.
6. Public Notice received August 15, 2016, from the City of Altamonte Springs re: Community Redevelopment Agency meeting on August 9, 2016, at 6:30 p.m., 225 Newburyport Avenue, Altamonte Springs.
7. Notice of Public Hearing received August 19, 2016, from the City of Casselberry to Seminole BCC re: Planning & Zoning meeting to be held September 14, 2016, 6:30 p.m., City of Casselberry Commission Chambers.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:47 p.m., this same date.