BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

OCTOBER 25, 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, October 25, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

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 Court and Comptroller Maryanne Morse

County Manager Nicole Guillet

County Attorney Bryant Applegate

Deputy Clerk Terri Porter

 

 

Pastor Victor Montalvo gave the Invocation and Commissioner Constantine led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for The Town House was presented.

AWARDS & PRESENTATIONS

Item #1 2016-452

The Resolution recognizing Sheriff Donald F. Eslinger for 38 years of service was presented immediately after the Consent Agenda vote.

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Item #2 2016-434

Motion by Commissioner Horan, seconded by Commissioner HenleyHenley, to adopt appropriate Resolution #2016-R-167 recognizing James E.C. Perry, Justice of the Florida Supreme Court, for his outstanding service to his country, state, and Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

Supreme Court Justice Perry addressed the Board to express his appreciation.

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Item #3 2016-390

Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt appropriate Resolution #2016-R-168 recognizing Sharon Peters for 16 years of service and dedication to Seminole County and its citizens.

Districts 1, 2, 3, 4 and 5 voted AYE.

Ms. Peters addressed the Board to express her thanks.

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Item #4 2016-460

Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt appropriate Resolution #2016-R-169 recognizing Mary Beth Lake, Shelter Supervisor with the Animal Services Division, for 22 years of service and dedication to Seminole County and its citizens.

Districts 1, 2, 3, 4 and 5 voted AYE.

Ms. Lake addressed the Board to thank them for the recognition.

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Item #5 2016-461

Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt appropriate Resolution #2016-R-170 recognizing the following companies as award recipients at the Seminole County Regional Chamber of Commerce Seminole Business Awards Luncheon on October 28, 2016, for their capital investment and job creation within Seminole County: CFE Federal Credit Union; Hylant; JP Morgan Chase; Next Horizon; Shepherd's Hope, Inc.; Swim Life, Inc.; and the Foundation for Seminole County Public Schools.

Districts 1, 2, 3, 4 and 5 voted AYE.

State Representative Jason Brodeur, President of the Seminole County Regional Chamber, addressed the Board and thanked them on behalf of all the award recipients.

PUBLIC PARTICIPATION

Consent Agenda Item #8 A-2828-16

Upon Chairman Horans request, Ms. Guillet reviewed the background and summarized the details of Item #8 regarding the Contract for Sale and Purchase of Land between Seminole County and Rolling Hills Reserve, LLC, for real property located in Sanlando Springs, known as the former Rolling Hills Golf Course.

Commissioner Dallari asked Ms. Guillet when she thought they would hear back from the State. She replied they hope to get a decision at the meeting on November 17th with the Department of Environmental Protection (DEP) as to whether they will get approval to transfer the commitments from the Jetta Point property; however, at this time they are still trying to get a quorum for that meeting. He further asked who sits on the committee. Ms. Guillet advised they are gubernatorial appointees and the person that chairs it is the Deputy Secretary of DEP. Commissioner Carey wondered if the public can attend; whether it is a noticed meeting. Ms. Guillet stated staff will double-check and get that information out to the public. She added staff will be attending the meeting with the DEP.

Kit Bradshaw, 480 Raymond Avenue, addressed the Board in support of the item. She listed other properties that were bought by the County that have increased in their worth. She said the Sports Complex cost a total of $27 million but the chances of her or someone in her Rolling Hills neighborhood going there to stroll around a baseball field are slim, but the chance of thousands of people in the county using a passive park at Rolling Hills for walking and enjoying nature is very high. She added by agreeing to purchase the Rolling Hills property, they would be preserving a very important piece of Seminole County history for their children and grandchildren.

Ken Holt, 127 Clover Lane, addressed the Board and stated he lives near Rolling Hills. He talked about the trail system adding he was a member of the Greenways and Trails Committee and also the Parks and Recreation Committee for several years. He bought inline skates and used the trails to lose weight after being diagnosed with diabetes. He thanked the Board for their foresight and maintenance of the Countys assets and facilities.

The names of Sandra Becker and Brenda Randall were announced; however, they chose not to speak.

Don Jacobs, 341 Nebraska Avenue, addressed the Board to ask Commissioner Constantine regarding an email sent to all the residents of Rolling Hills. Chairman Horan explained they will address all the issues during the item itself.

Betty Sassers name was announced and she said she would wait to speak until she heard what the Commissioners had to say.

Phil Taylor, 344 Nebraska Avenue, addressed the Board to note that the people in attendance represent a small percentage of the concerned citizens that live in the Rolling Hills area and in Seminole County in general. He posed the following questions to the County Manager: (1) whether this was an arms length transaction, and (2) with 225 days to make the deal, what is the problem.

Chris Pederson, 1654 Jackson Street, addressed the Board on behalf of the Rolling Hills Community Group. He explained they are a non-profit that was formed about two and a half years ago to protect the golf course and the green space. He stated this negotiation process to turn the golf course into a park, he believes, has evolved into a win for all of the key stakeholders involved because they are all getting a good outcome. The residents and the people in the community are getting their green space protected; the State is getting a park that they can put their restriction on; the owners/developers that purchased the property are getting a profit because they are in business to make money and this happens all the time where people buy property and flip it; and the County is resolving a conflict and will be able to provide a park for residents of the county. He opined this is a good deal and his community group supports this moving forward.

Ron Semans name was announced and it was determined he was not in attendance.

Rachel Nacion, 1205 Marla Avenue, addressed the Board to share a story about her young sons concern about the trees and the birds.

Harry Carls, 431 Daytona Avenue, addressed the Board to congratulate the Commission, County Attorney, County Manager, and staff because as a lawyer he has rarely seen a purchase and sale agreement so favorable to the buyer. He explained they have contingencies based on a professional real estate appraisal and based on the Jetta Park transaction. He added there is a feasibility period that gives the County an absolute right in its discretion to terminate the contract if for any reason they dont believe the purchase is feasible.

Patricia Burkett, 1821 Carlton Street, addressed the Board stating she has lived in the Rolling Hills area for 54 years. She advised she has worked on the Parks Advisory Board before there was a Parks Department and also worked on the Natural Lands Committee. She asked the Board to help keep the County natural on the neighborhood level as well as the county level.

Clarence Lent, Jr., 1791 Adams Street, addressed the Board and stated there is considerable concern among the residents that there is no public park existing anywhere near the Rolling Hills area. He urges, as this project moves forward, for the development of a health walk, which would be very instrumental not only for recreation but for good health preservation. He noted he hopes the Board will find it possible to purchase the property and develop programs, activities and facilities that will serve the County.

With regard to public participation, no one else in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.

Speaker Request Forms and Written Comment Forms were received and filed.

COUNTY MANAGERS CONSENT AGENDA

Commissioner Henley requested that Item #8 regarding Rolling Hills be pulled for a separate vote.

Commissioner Henley submitted his ex parte communications into the record (received and filed). He added he had brief conversations with Mr. Phil Taylor, Ms. Ann Carr, and also Beth Kassab with the Orlando Sentinel.

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Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve the following:

County Managers Office

Business Office

6. Approve travel and mileage reimbursement to Commissioner Carlton Henley for miscellaneous travel from April 2016 through September 2016. (A-2824-16)

7. Approve travel and mileage reimbursement to Commissioner Lee Constantine for miscellaneous travel from August 2016 through September 2016. (A-2826-16)

8. Pulled for separate discussion.

9. Approve and authorize the Chairman to execute the Federally-Funded Bridge Funding Subgrant Agreement for the 2016-2017 Community Services Block Grant (CSBG) Award between the State of Florida Department of Economic Opportunity and Seminole County in the amount of $48,886 to alleviate the causes and conditions of poverty in low-income communities; and to execute appropriate Resolution #2016-R-171 implementing Budget Amendment Request (BAR) #17-008 to recognize grant funding and establish budget. (A-2814-16)

10. Approve request to accept the grant award from the U.S. Department of Housing and Urban Development (HUD) for the Continuum of Care/Shelter Plus Care Grant Program in the amount of $475,291; and authorize the Chairman to execute the Continuum of Care Grant Agreement on behalf of the County in accordance to Administrative Code Sections 1.10 and 22.20 D(1)d. (A-2823-16)

 

Community Services

Community Development Division

11. Approve and accept the Neighborhood Stabilization Program Snapshot/Report pursuant to Seminole County Resolution #2013-R-61. (A-2808-16)

 

Development Services

Planning & Development Division

12. Adopt appropriate Resolution #2016-R-172 vacating and abandoning two (2) drainage easements, as recorded in the Public Record of Seminole County, Book 1163, Pages 1646 & 1647 and Book 2048, Pages 1520 & 1521; Taurus CD 186 Balmy Beach FL LP, Applicant. (A-2809-16)

13. Adopt appropriate Resolution #2016-R-173 vacating and abandoning a portion of the east five-foot Utility Easement of Lot 40, Howell Estates Replat; as recorded in the Public Records of Seminole County, Florida in Plat Book 18, Pages 47-48, more particularly known as 1035 Manchester Circle; George M. Rariden III, Applicant. (A-2608-16)

 

 

Public Works

Traffic Engineering Division

14. Approve and authorize the Chairman to execute a Traffic Enforcement Agreement between Seminole County, the Seminole County Sheriff's Office, and Cameron Grove Homeowners Association, Inc. (A-2768-16)

 

Resource Management

Business Office

15. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-174 implementing Budget Amendment Request (BAR) #16-098 through the General Fund in the amount of $14,087 to appropriate the Sheriff's Office share of the 2015/16 Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant for the purchase of night-vision goggles. (A-2812-16)

Budget and Fiscal Management Division

16. Approve and authorize staff to submit a Grant Application to the Florida Department of Environmental Protection, TMDL Water Quality Restoration Grant Opportunity, in the amount of $250,000 to assist with the Alton Drive Pond Retrofit, which is within the Bear Lake Chain of the Wekiva Basin. (A-2827-16)

17. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-175 implementing Budget Amendment Request (BAR) #16-097 through the 2001 Infrastructure Sales Tax Fund in the amount of $6,251,487 to reduce funding for the Dean Road Widening Project (CIP# 00198106). (A-2791-16)

18. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-176 implementing Budget Amendment Request (BAR) #17-005 through the Water and Sewer Operating Fund allocating $12,000 from Contingency Reserves for the purchase of a response trailer for use in emergency repairs. (A-2767-16)

19. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-177 implementing Budget Amendment Request (BAR) #17-006 through the Public Works Grant Fund in the amount of $2,000,000 to recognize grant funding for the Design Services of the Oxford Road Reconstruction and Extension Project; FPN #439456-1-34-01. (A-2782-16)

Purchasing & Contracts Division

20. Approve Amendment #3 to M-600514-08/TLR, Agreement for Federal Legislative and Governmental Liaison Services, with Alcalde & Fay, Arlington, VA, in the amount of $72,000; and authorize the Purchasing & Contracts Division to execute the Amendment. (A-2785-16)

21. Award CC-1005-16/RTB, Staging Area Improvement at the Osceola Road Landfill, to P&S Paving, Inc. of Daytona Beach, in the amount of $292,358.38; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-2786-16)

22. Approve Amendment #2 to RFP-601420-12/BJC, EMS Billing and Collections Services, with Advanced Data Processing, Inc. d/b/a Intermedix, Fort Lauderdale; and execute appropriate Resolution #2016-R-178 implementing the Budget Amendment Request (BAR) #17-004 through the Fire Protection Fund in the amount of $237,000, to recognize Medicaid reimbursement and establish budget. (A-2770-16)

23. Award RFP-602659-16/BJC, Purchase of Library Materials and Related Services, to Baker & Taylor LLC, Charlotte, NC; and authorize the Purchasing & Contracts Division to execute the documents. The estimated annual usage is $500,000. (A-2783-16)

24. Award IFB-602634-16/TLR, Term Contract for Parks & Recreation Court Resurfacing, to Court Surfaces of Florida LLC, Green Cove Springs, in the amount of $206,779; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-2739-16)

25. Award CC-0892-16/AEH, Howell Creek at Red Bug Lake Road Improvements, Segment 1, in the amount of $1,302,516.27, to PAC Comm, Inc. of Miami; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-2656-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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Item #8 A-2828-16

 

Commissioner Henley advised that he will not be voting on this item based upon the advice of counsel because he owns his home in the Rolling Hills neighborhood. He did explain that he has been in support of this purchase since the beginning and has not changed his position.

Commissioner Constantine voiced his support of the purchase of the Rolling Hills golf course property and noted he has attended every meeting involving same. He explained for those that had questioned him during the public participation portion of todays meeting his concern about the purchase price being too high and his desire to save the taxpayers of Seminole County money.

Chairman Horan asked the County Attorney to address some of Commissioner Constantines opinions. County Attorney Bryant Applegate advised that his legal opinion is that it is clearly an arms length transaction; neither party was under duress; and the negotiations were open and fair. He noted his staff drafted a very good contract in favor of the County. Chairman Horan pointed out there is a 180-day period in which they have a number of contingencies where the County can back out and there is also a 45-day closing period. He added he understands there is also no deposit required.

Commissioner Carey noted they have golf courses all over the county that are in trouble and are letting the grass grow which is why they changed the Ordinance to address it countywide. She pointed out she does not support trying to bail out golf courses; however, this is a unique situation because of the Jetta Point opportunity to unwind that and take a piece of property on the busy intersection of SR 417 and SR 434 and build it for an office or commercial application, which is what it should be, not a park, and then be able to put a park in a community where they could use a park. She further stated that the County does not need to buy the Rolling Hills real estate unless they choose to do so and they are only going to buy this if they can unwind the Jetta Park deal, which is what the contract states. She said she has supported this project from the very beginning.

Commissioner Carey submitted ex parte communications into the record (received and filed).

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute the Contract for Sale and Purchase of Land between Seminole County and Rolling Hills Reserve, LLC, for real property located in Sanlando Springs, known as the former Rolling Hills Golf Course, identified as Tax Parcel ID #01-21-29-5CK-2500-0000 and #01-21-29-5CK-140C-0120.

Commissioner Dallari submitted his ex parte communications into the record (received and filed).

Under discussion, Commissioner Dallari opined the Rolling Hills area is in need of a park and it is the right thing to do. He complimented staff for doing a phenomenal job in negotiating the price and contract. He added in looking at how much they could sell Jetta Point for, they will net in the positive. The asking price is $3.9M, the States grant is $1.7M, leaving $2.2M; and if they sell Jetta Point at the appraised value, they will actually net $1.5M.

Commissioner Henley commended the residents for always staying calm and cooperative; they elected people to represent them in order to get this done right.

Ms. Guillet expressed that they have been working on this for about a year and a half and every Commissioner has been supportive of the effort from the beginning to try and find a way to transfer the commitments from Jetta Point to Rolling Hills. They have had tremendous support from the Board on a staff level.

Commissioner Constantine submitted his ex parte communications into the record (received and filed). He remarked that he has always been 100% in support of this and believes strongly they will be able to work with the DEP to take care of this.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Henley abstained from voting and filed a Memorandum of Voting Conflict form (received and filed).

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Item #1 2016-452

 

Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-166 recognizing Donald F. Eslinger, Sheriff of Seminole County, for 38 years of distinguished service to the citizens of Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

Sheriff Eslinger addressed the Board to express his gratitude. He stated the real credit belongs to the men and women of their organization who are brave, dedicated and committed professionals and have sacrificed so much to serve the citizens. He is humbled and appreciates the relationship the Sheriffs Office has had with the community, the Commissioners and the County over the years, and thanked them for their unwavering support. He added the Board has been the foundation of all of their efforts because without their support, their strategies, vision, initiatives and programs would not have been realized. He then acknowledged his wife for all of her support.

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Chairman Horan recessed the meeting at 11:00 a.m.; reconvening at 11:10 a.m.

COUNTY ATTORNEYS AGENDA

 

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize and approve the following:

26. Adopt appropriate Resolution #2016-R-179, Jetta Point Reimbursement, to assure the citizens of Seminole County that the proceeds of the Bonds funds, and any proceeds derived from the sale of Jetta Point are utilized within the spirit and structures of the Bonds covenants. (A-2714-16)

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Henley abstained from voting and filed a Memorandum of Voting Conflict form (received and filed).

CONSTITUTIONAL OFFICERS CONSENT AGENDA

Clerks Office

Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize and approve the following:

27. Approve Expenditure Approval Lists dated September 26 and October 23, 2016; and the BCC Official Minutes (2) dated September 27, 2016. (A-2805-16)

Districts 1, 2, 3, 4 and 5 voted AYE.

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The Clerk of the Circuit Court and Comptroller, Maryanne Morse, stated that the Clerks Office has sent almost $17 million in excess fees to the County over the last 26 years. She said they are adding to that by giving the County a check in the amount of $1,021,329.34, and she presented the check to the Board.

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The Board noted, for information only, the following Clerks Received and Filed:

1. Executive Order #2016-002 declaring a local State of Emergency posed by Hurricane Matthew.

 

2. Performance Bond #CMS0290176, Certificate of Title, and Recording of Plats for Markham Square in the amount of $568,089.34.

 

3. Conditional Utility Agreement for Water, Wastewater or Reclaimed Water Services with Park Square Enterprises, LLC for the project known as Windsor Square.

 

4. Conditional Utility Agreement for Water, Wastewater or Reclaimed Water Services with Legacy Funeral Holdings of Florida, LLC for the project known as Highland Memory Garden.

 

5. Unauthorized Commitment Memorandum dated September 28, 2016 from Tricia Setzer, Office of Economic Development and Community Relations, to Nicole Guillet, County Manager.

 

6. Approval Development Order #15-320000018, 121 North Henderson Lane, Clyde H. Robertson Jr. and Lisa G. Brown, Trustee.

 

7. Tourist Tax Funding Agreement for the 2016 Mt. Everest Expedition Baseball Tournament with Nations Baseball of Greater Orlando, Inc.

 

8. Parks Contracts for Services with Stephanie Marie Schwartz, Betty Curatolo, Orlando Roman, and Amilcar Cordova.

 

9. Pet Rescue Cooperative Service Agreements with Rescued Pets Are Wonderful and Save Our Saints of Florida.

 

10. Work Order #1 to PS-0426-16 with England-Thims & Miller, Inc.

 

11. Change Order #1 to Work Order #1 to CC-0559-15 with Prime Construction Group, Inc.

 

12. Notice to Proceed for CC-0704-16 with Masci General Contractor, Inc.

 

13. Amendment #8 to Work Order #41 to PS-4388-09 with HNTB Corporation.

 

14. Work Order #13 to PS-6658-11 with S2LI, Inc.

 

15. Amendment #1 to Work Order #10 to PS-6865-11 with S2L, Inc.

 

16. Amendment #1 to Work Order #13 to PS-6865-11 with S2L, Inc.

 

17. Amendment #1 to Work Order #21 to PS-8148-12 with Parsons Brinckerhoff, Inc.

 

18. Work Order #3 to PS-8827-13 with Metric Engineering, Inc.

 

19. Amendment #3 to Work Order #2 to RFP-9601-14 with Revere Controls Systems, Inc.

 

20. Amendment #4 to Work Order #2 to RFP-9601-14 with Revere Controls Systems, Inc.

 

21. Amendment #4 to Work Order #2 to PS-9742-14 with CH2M Hill Engineers, Inc.

 

22. Eighth Amendment to RFP-600933-10 with Copytronics Information Systems.

 

23. Second Amendment to IFB-601404-12 with County Materials Corporation.

 

24. M-602686-16 with Robert Deck d/b/a Labor Finders, as approved by the BCC on August 23, 2016.

 

25. Florida Public Service Commission Order, #PSC-16-0407-CO-EI, Re: Petition by Duke Energy Florida LLC, Consummating Order, Docket #160126-EI, issued September 23, 2016.

26. Florida Public Service Commission Order, #PSC-16-0416-CO-EI, Re: Petition by Duke Energy Florida LLC, Consummating Order, Docket #160128-EI, issued September 29, 2016.

27. Florida Public Service Commission Order, #PSC-16-0424-TRF-EI, Re: Petition by Florida Power & Light Company, Order Approving 2016 Revisions to Underground Residential and Commercial Differential Tariffs, Docket #160071-EI, issued October 3, 2016.

28. Florida Public Service Commission Order, #PSC-16-0422-TRF-GU, Re: Joint Petition by Florida Public Utilities Company, Florida Public Utilities Company-Indiantown Division, Florida Public Utilities Company-Fort Meade, and Florida Division of Chesapeake Utilities Corporation, Order Approving Swing Service Rider Tariff, Docket #160085-GU, issued October 3, 2016.

29. Florida Public Service Commission Order, #PSC-16-0423-TRF-EI, Re: Petition by Duke Energy Florida LLC, Order Approving Economic Development and Re-development Riders, Docket #160173-EI, issued October 3, 2016.

30. Florida Public Service Commission Conference Agenda for October 11, 2016 to be held at the Betty Easley Conference Center, Room 148.

31. Florida Public Service Commission Memorandum dated September 29, 2016, Document No. 07858-16, Re: Revised Recommendation in connection with Docket #150269-WS, Application for Limited Proceeding Water Rate Increase in Marion, Pasco, and Seminole Counties by Utilities, Inc. of Florida.

32. Bids as follows:

RFP-602673-16 with Stenstrom, McIntosh, Colbert & Whigham, P.A.;

RFP-602659-16 with Sebco Books; Childrens Plus, Inc.; Ingram Content Group; Baker & Taylor, LLC;

IFB-602634-16 with The Nidy Sports Construction Co.; Elite Court Construction, Inc.; Js Quality Courts; Premier Surface Solutions, Inc.; Sport Surfaces LLC; Advantage Courts, LLC; Court Surfaces of Florida LLC;

IBF-602603-16 with Shankle LLC d/b/a I Lock;

RFP-602624-16 with Southeastern Surveying and Mapping Corporation; Data Transfer Solutions, LLC; Dynatest North America, Inc.; Fugro Consultants, Inc.; IMS Infrastructure Management Services, LLC; Quality Traffic Data, LLC; and

CC-1005-16 with P&S Paving, Inc.; Ranger Construction Industries, Inc.; Preferred Materials, Inc.

Supervisor of Elections

Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize and approve the following:

28. 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 approve appropriate Resolution #2016-R-180 implementing Budget Amendment Request (BAR) #17-007 in the amount of $79,213 through the General Fund to appropriate grant funding for election activities. (A-2796-16)

Districts 1, 2, 3, 4 and 5 voted AYE.

 

REGULAR AGENDA

 

Item #29 A-2691-16

 

Patt Hughes, Planning & Development Division, addressed the Board to present a request to consider a total waiver of the Code Enforcement Board lien of $158,000 for Case #12-26-CEB, on the property located at 5435 Wilson Road, Sanford, Tax Parcel #31-19-30-501-0000-1770; Crishna Persaud, Owner and Applicant.

Ms. Hughes presented the request as outlined in the Agenda Memorandum. She advised that staff recommends the Board approve a total waiver of the lien based upon the documentation submitted showing financial hardship.

Crishna Persaud, Applicant who resides at 107th Avenue in Richmond Hill, New York, addressed the Board to explain that when he found out about the code violation, he took care of it right away. He mentioned his financial hardship and requested the Boards help in this matter.

Commissioner Carey confirmed with Mr. Persaud that the taxes have not been paid on the property for the last four years. Mr. Persaud indicated he is in bankruptcy and a portion of the monies he pays through the trustee every month is allocated towards the taxes that he owes and eventually they will be paid in full. Commissioner Carey noted that if the property falls into disrepair again, there would be no leniency or forgiveness at all and that they rarely forgive a lot of these types of liens because the community has to suffer when there is neglect like this. Mr. Persaud explained that his brother is now taking care of the landscaping and renovation and maintenance of the house itself and he does not want to rent or sell it.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #29 and public input was closed.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a total waiver of the Code Enforcement Board lien in the amount of $158,000 for Case #12-26-CEB on the property located at 5435 Wilson Road, Sanford, Tax Parcel #31-19-30-501-0000-1770, owned by Crishna Persaud; and authorize the Chairman to execute the Release of Lien.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Item #30 A-2609-16

Angi Kealhofer, Planning & Development Division, addressed the Board to present a request for a Special Event Permit for the Holy Trinity Greek Orthodox Church for Greek Fest 2016, to be held at 1217 Trinity Woods Lane in Maitland, from November 4 through November 6, 2016.

Ms. Kealhofer reported the hours of operation and the estimated attendance. She explained that the Special Event Permit in the Agenda Memorandum includes the findings and conditions of approval and added that staff is recommending approval.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #30 and public input was closed.

Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the Special Event Permit for the Holy Trinity Greek Orthodox Church for Greek Fest 2016, to be held at 1217 Trinity Woods Lane in Maitland, from November 4 through November 6, 2016, including staffs recommended conditions of approval.

Districts 1, 2, 3, 4 and 5 voted AYE.

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The Board recessed the meeting at 11:20 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 Terri Porter who was replaced by Deputy Clerk Kyla Spencer, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Henley, seconded by Commissioner Dallari, 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.

PUBLIC HEARINGS

Nuisance Abatement/1067 & 1071 Williams Street

Agenda Item #31 PH-2016-439

Proof of publication calling for a public hearing to consider adoption of a Resolution issuing an Order to declare the existence of a Public Nuisance at 1067 & 1071 Williams Street, Altamonte Springs; to require corrective action by December 27, 2016; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner, received and filed.

Liz Parkhurst, Planning & Development Division, presented Item #31 as outlined in the Agenda Memorandum and stated Paul Watson, Building Official, is available for questions.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #31, and public input was closed.

Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-181 issuing an Order to declare the existence of a Public Nuisance at 1067 & 1071 Williams Street, Altamonte Springs; to require corrective action by December 27, 2016; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner, as described in the proof of publication.

Districts 1, 2, 3, 4 and 5 voted AYE.

Lake Asher Aquatic Vegetation and

Lake Management Ordinance (MSBU)

 

Agenda Item #32 A-2692-16

Proof of publication calling for a public hearing to consider adoption of an Ordinance to create Lake Asher Aquatic Vegetation and Lake Management Municipal Services Benefit Unit (MSBU) for funding ongoing management of Lake Asher, received and filed.

Kathy Moore, MSBU Program, Resource Management Department, addressed the Board and stated the implementation of the ongoing services that are requested through this MSBU is contingent on completion of the lake restoration efforts to be funded by legislative appropriations. She explained if the community-requested MSBU is created by the Board, the initial assessment roll will be presented for approval along with the annual assessment roll in 2017. The petition to create an MSBU, which was coordinated by the MSBU program for Lake Asher, demonstrated a 74% support level which exceeded the 65% level required for Board consideration. Ms. Moore stated the assessment boundary proposed for the MSBU includes 19 parcels. The service cost will be allocated equally to each parcel with the initial assessment anticipated in the amount of $295 per parcel. The assessment is a variable rate assessment that is subject to annual adjustment according to site conditions and budgeted expenses.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #32, and public input was closed.

Commissioner Constantine noted he knows there is enthusiastic support from the citizens for this Ordinance.

Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt Ordinance #2016-37 to create Lake Asher Aquatic Vegetation and Lake Management Municipal Services Benefit Unit (MSBU) for funding ongoing management of Lake Asher, as described in the proof of publication.

Districts 1, 2, 3, 4 and 5 voted AYE.

DISTRICT REPORTS

District 5

Commissioner Carey asked the County Manager, Nicole Guillet, for an update on the debris pickup. Ms. Guillet stated in the 17 days since the storm, there have been about 5,300 additional tons of yard debris collected, which is over and above the 2,000 normally collected during a comparable time period. She explained that in that time, in order to try to address the significant amount of debris, the County's waste haulers (Waste Pro and Republic) have added about 1,000 additional crew hours on the road to try to address the issue. Grubbs, the contractor for debris management, has provided about 200 crew hours and has been out with claw trucks. Additionally, the County has used their resources, including their own claw truck; so they have been trying to get around to everything and get everything picked up.

Ms. Guillet reported there have been about 6,000 calls to the Solid Waste Department and other County departments regarding storm debris, an additional 200 man hours on the phones in the Solid Waste Department trying to respond to citizen inquiries, and 4 additional people have been added to answer phones within Solid Waste to try to handle that load. In addition to the normal waste pickup days, Ms. Guillet stated the County has had 30 hauler trucks and 7 claw trucks on the road every day trying to get to all of the neighborhoods. She explained that today they added some additional resources from the Public Works Department and have taken all of the crews from the Road and Stormwater Division within Public Works to help canvas the County starting on the west side. They have gridded the County into 47 different grids, and they are going in every neighborhood to assess what debris is still out there; and depending on what kind of equipment they have, they will pick up what they can as they are canvassing.

Ms. Guillet stated the County has spent close to $200,000 in additional resources trying to address this issue through additional hours with their haulers, equipment rental, et cetera. She explained they have been challenged because while the County was lucky to not be in the eye of the storm, many of the resources in the state moved to the areas that were harder hit (Flagler County, Volusia County, and Brevard County). Ms. Guillet stated she is certain that the County's haulers have been giving them as many hours as they can, but it has been a challenge that has taken the County significantly longer than they anticipated. She mentioned that she knows some of the dissatisfaction on the part of the Board's constituents is the fact that the County over promised when they would be able to get to some of the debris, but it was done in good faith and with every intention of trying to accommodate people when the County said they would.

Ms. Guillet stated she hopes by the end of the day today staff will have fully canvassed the County using the additional Public Works resources, and she will be able to give the Board an idea of how much debris is still remaining; and in working with the haulers and additional contractors, she can give an estimate as to when staff will expect that they can have it picked up with the understanding that that will just be an estimate. Ms. Guillet reported staff is going to communicate this information via social media, the County's website, Nextdoor, and all of the different avenues that they use. She noted she appreciates that the citizens are being patient and that this issue is a priority, not just in the Solid Waste Department but within other departments as well. Ms. Guillet stated as soon as she has an update on the status of where they stand today and what their expectations are over the next week or so, she will give all of the Commissioners an update on that.

Commissioner Carey stated that one of the biggest frustrations she has heard from the people is that the debris was supposed to be picked up on a date certain and then it wasn't picked up. She added that the County needs to make sure staff is giving citizens the right message when they call in, and hopefully the County can generate some kind of direct line so they know exactly what is going on. Commissioner Carey noted she thinks there are some good lessons to be learned from this. She explained that she does not think that the County should have the contractor that they hired to do debris pickup in an emergency go somewhere else, and she thinks that the County should demand that that contractor fulfill their contract and provide services in this county first and foremost. She pointed out that it is unfortunate for the other counties; but at the same time, it generates a whole host of other issues if they don't get the debris picked up.

Commissioner Dallari agreed with Commissioner Carey in regard to over promising the pickup time. He stated after the storm cleanup is over, he would like to look at the debris contract and try to put some more "teeth" into it; and if not, then what can they do to try to make sure that this doesn't happen again. Commissioner Carey added not only that but the County has independent contractors that they license who have claw trucks available, so the County needs a plan to deploy its own Public Works people and all of its local contractors to help supplement this issue.

Commissioner Constantine mentioned it seems that the debris pickup in the County has been going from east to west because that is probably where the County was most affected, so there are still a lot of people over on the west side that have not had their debris picked up whom would very much appreciate getting it done as quickly as possible. Ms. Guillet stated they started canvassing from west to east because it appeared that the west end of the County is where most of the pickup deficiencies were, but she thinks some of the focus had initially been on the east side because that is where more of the damage was. Chairman Horan pointed out that if you look at the damage assessment map, there is actually more damage on the west side of the county.

Commissioner Carey stated Sanford's Public Works Department is out today, and Ms. Guillet added Sanford has done the same thing that the County has had to do. Ms. Guillet explained that a lot of people in the County share haulers, and Sanford brought in their Public Works crew to augment that. Chairman Horan noted Sanford terminated the contract with their excess hauler because the excess hauler couldn't get there, so Sanford had to double-up on their own forces. He stated that in terms of the analysis, the County has to figure out what its resources are in the private sector, and if they have "emergency hauler A," what is plan B, C, and D. Commissioner Carey stated all the people that the County licenses for construction and debris have the equipment to help with an issue like this, so there needs to be a different plan going forward. She pointed out that people are trying to get the stuff out of their yard because it is a breeding ground for all kinds of stuff and the County needs to get that fixed.

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Commissioner Carey stated that at the October 11th meeting, the Board adopted Resolution #2016-R-159 renaming Bush Boulevard to Eslinger Way with an effective date of January 31, 2017. She explained that all the new Constitutional Officers take office January 3rd, so they need to figure out how to amend that date. Ms. Guillet stated they will need a new Resolution, and staff can bring it on November 15th at the next Board meeting.

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Commissioner Carey announced that SafeHouses Celebrate Hope is tonight at 7:00 p.m. which celebrates hope, healing and awareness of domestic violence. She discussed a recent death in the County due to domestic violence and expressed that this is a very serious situation and they need to do everything they can to make the public aware and have an educational process so people know there is an alternative to living in that.

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Commissioner Carey reminded that Halloween is coming up, and asked everyone to be aware of children in the streets through the weekend leading up to Halloween.

District 1

Commissioner Dallari thanked County employees and their families for participating in the family art contest that took place on October 20th.

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Commissioner _%_Dallari stated the _%_Board received a_+1__+1__+1__+2_ notice _+1_that _+1_the_+1_ State_+1_ is _+2_looking _+1_for the _+1_ex_+1_tension _+1_of SR _+3_408 _+1_from SR _+4_50 to the SR 520 _+1_inter_+1_section and they are doing a _+1_P_+1_D_+1_&_+1_E _+1_stud_+1_y_+1_. _+1__+1__%_He noted he _+1_want_+1_s to _+1_make _+1_sure _+1_that _%_County staff _+3_is _+2_notifying _+1__+1__+1__+1__+1__+1__+1_the State and _%_MetroPlan that _+3_even though _+2_it_+1_ is in _+2__#_Orange _+2__#_County_+1_, _+1_it is such_+1_ a _+3_significant _+1_road _+1_that _+1_the_+1_ south_+1_east _+1_part _+1_of _+1_Seminole County _+1_needs _+1_to be _+4_participating_+1__+1_ in that _%_PD&E study. _%_Chairman _%_Horan _%_m_+1_entioned the S_%_State is now committed to building that road, and asked if _,#1_the _,$2_region is _,&2_automatically _,(3_included _,+1_in the _,,1_P_,-1_D_,.1__,/1_&E _,01_stud_,11_y_,21_. _%_Commissioner _%_Carey_,31__,41_ _,51_explained that_"_SR _,;3_408 _,>2_belongs _,@1_to the _,A2__#_Central _,C1_Florida _,D1__#_Ex_,E1_press_,F1_way _,G1__#_Authority_,H1_ _%_(CFX) and _,I2_ an _,L1__,M2_extension _,O1_of the _,P3_408 is what_,S1_is what _,T2_started _,V1_this _,W1_conversation_,X1_. _,Y1__,Z1__%_The _%_Central _%_Florida _%_Expressway _%_Authority tried _,\1_to _,]1_get _,^1__%_F_%_D_,^1_OT _,_1_to _,`1_work with them _,a1_and _,b1_they _,c2_didn't _,e1_want _,f1_to_,g1_. _,s1_ _#_Now _,t1__%_F_,t1_DOT has_,u2_ decided _,w1_that _,x1_they _,y1_are _,z2_willing _,|1_to do _,}1_it, _,~1_a_,~1_nd _,1__%_C_,1_FX _,1_has _,1_still _,1_said _,2_that t_,2_hey are _,1_going _,1_to _,1_give_,1_ _%_F_,1_DOT _,1_all of the _,1_documents _,3_that _%_t_,3__,3_hey have;_,3_ but _,1_if _,1_t_,1_hey _,1_don't_,1_ see _,1_that _,1_this issue _,1_is _,1_going _,1_the_,1_ way _,1_it _,1_needs _,1_to, _%_CFX_,1__,1_ will _,1_step _,1_in _,1_again and _,1_continue _,1_t_,1_he_,1_ir _,1_own _,1_P_,1_D_,1_&_,1_E _,1_study on _,3_alternatives_,1_. _,1__%_C_,1_ommissioner _%_Carey stated that she has made_,2__,1_ _,1_it _,1_very _,1_clear _,1_at _,1__,1__#__,1__,1__,1__%_CFX _,1_with _,1__#_Mayor _,2_Jacobs _,1_and _,2_others _,1_that_,1_ _,1_for _,1_years Seminole has_,1_Ss _,1_had _,2_a plan to 4-lane _%_CR 419_,1_. _%_She discussed that _,3__#_Commissioner _#_Boyd _,1_told her they are going _,1_to _,1_4-_,1__,1_lane _,1__,1_it back to a certain point, and she told him they _-'1_need _-(1_to _-)1_talk _-*1_about _-+2_widening _--1_all of CR _-.2_419_-01_. _%_S_-01_he stated _%_Commissioner _%_Boyd _-11_brought _-21_up the _-31_fact _-41_that _-51_there _-61_will _-73_be _-:1_another _-;1_road _-<2_crossing _->1_the_-?1_ _#_E_-@1_con_-A1__-B1_ and connecting to _%_CR 419 in _%_Orange _%_County and they need to talk about_-G1__-H1__-I1__-J1_ _%_McCullough Road_-K1_. _%_Commissioner _%_Carey explained that _-L1_what _-M1_needs _-N1_to _-O1_happen _-P1_is _-Q4__#_Orange _#_County_-U1_ and _-V1_Seminole County _-W1_need_-X1_ to _-Y1_sit _-Z1_down _-[1__-\1_with the _-]3_managers,_-`1_ the _-a2__%_C_-a2__-a2_hairma_-a2__-a2_n_-c1_, _%_MetroPlan _-d1__-e1__-f2_members_-h1__-k1_, and the_-l1_ _#_Ex_-m1_press_-n1_way _-o1__%_Authority_-s1_ and _-t1_have _-u1_a _-v1_discussion _-w1_about _-x1_how _-y2_t_-y2_hey are _-{1_going _-|1__-}1_to move transportation i_-}1_n this whole small area. _-1__%_She added they had talked about a_-2__-1__-1_ _-1_small_-1_-a_-1_rea _-1_stud_-1_y _-1_plan and are _-1_on _-1_record _-1_as _-1_being _-3_opposed _-1_to _-1_re-crossing the _%_Econ in another location; so_-1__- 1__-1__-1_ _-1_if _-2_they are _-1_not _-1_doing _-1_that_-1_, is _-1_it _%_McCullough Road._-1__-1__-1__-1__-1__-1__-1_ _-1__-1__-1__-1__-1__-1__-1__-1__%_Commissioner _%_Carey stated _-1_while _-1__%_the _%_D_-1_OT _-1_is _-2_moving _-1_forward _-1_to _-1_get _-1_the _%_CFX _-1_documents _-1_and _-2_move forward _-1_with the _-1_idea_-2_, it_-1__-1_ is in everybody's_-1__-1_ best _-2_interest _-1__-1__-1_to co_-1_-locate _-1_that _-2_facility _-1_with _%_H_-2_WY 50_-1_. _-1_However_-1_, t_-1_hey _-1_just _-1_paid _-1_off _-1_a _-4_$150,000,000_-1_ _-1_loan _-1_so _-1_that _-1_t_-1_hey _.!1_have _."1_some _.#1_i_.&1_ndependence, _.'1_and _.(1_not _.)1_all _.*1_of the _.+1__#_Board _.,2_members _..1_of _%_C_.21_FX _.31_are _.41_necessarily _.51_in _.61_line _.71_with _.82_moving _.:1_this _.;1_forward_.<1_,_.B1_ _.C1_and _.D1_t_.D1_hey _.E1_re_.F1_served _.G1_the _.H1_right _.I3_publicly _.L1_to _.M1_pick _.N1__.O1_up _.P1_t_.P1_heir _.Q1_own _.R3_plan _.U1_that _.V1_t_.V1_hey have _.W2_approved. _.Y1__%_S_.Y1_he noted _.Z1_a _.[1_lot _.\1_of _.]2_discussions _._1__.`1_need _.a1_to _.b1_happen_.c1_. _.d1__%_ Commissioner _%_Dallari explained the reason _%_he is bringing this up is because there is some grayness as _%_Commissioner _%_Carey just identified. _%_It _.d1_is not just the State, it is the _%_Expressway _%_Authority, _%_MetroPlan, and the local authorities. _%_H_.d1_e wants to make sure when it comes to the _%_PD&E study, there is _.2_community involvement _.1_not just from _%_Orange _%_County but _.1_also _.1_from _.1_Seminole County _.3_and _.3__#_Osceola _.1__#_Count_.1_y_.1_. _.2__%_He stated _.1_it is important _.1_that_.1_ the_.2_ regions _.2_citizens_.1_, _.1_not just _.1_the e_.2_lected _.3_officials_.1_, _.1__.1__.1__.1_are _.2_involved _.1_and _.2_plugged _.1_in. _%_He mentioned he wants t_.1__.1__.1__.1_o _.1_make _.1_sure _.1_that _.1__%_County _.1_staff _.1_is _.2_aware _.1_and _.1_ask_.1__.1__.1_s that they_.1_ re_.1__.1_search the_.1_ federal lawsuit done many years ago t_.1_hat states there is only one more _.2_crossing _.1_of the _.1__#_E_.1_con_.2_ allowe_/!1_d. _#__/"1__%__%_He added that wherever_%_ that one goes, they need to realize it is the one last crossing. _/1_ _%_He stated staff needs_%_ to be aware that there needs to be community involvement _/1_in the _/1_P_/1_D_/1_&_/1_E _/1_stud_/1_y _/3_going from SR 408 _/1_east _/1_and _/1_it _/1_needs _/1_to be_/1_ community involvement of southeast _%_Seminole _%_County, _%_Orange _%_County, and northeast _%_Osceola _%_County. _%_He reiterated that staff needs to do _%_research on the federal lawsuit to show that there is only one more crossing of the _%_Econ.

Chairman Horan stated he had an interesting discussion with Commissioner Edwards on what Seminole is actually trying to do and accomplish. Chairman Horan said he thinks they will take advantage of every opportunity including the State's involvement now and this PD&E study to advance the interest of not only the County's residents but also of the entire region so that they can have some sensible connectivity and mobility in the region. He stated that Orange County would be myopic in thinking that because they got the State to pay the $800,000,000 that they were short on infrastructure in that particular region, the problem is over. He explained there is a lot of planning to do, and a lot of conversations to be had, and a lot of public involvement to be had that quite frankly is probably about 20 years behind time.

Commissioner Dallari asked if once they start moving forward with the crossing of SR 408 over the Econ going east, whether or not that is the last crossing. Commissioner Carey replied that what is being proposed right now for the DOT to take it over is that it would actually run parallel of their right-of-way so they are not doing a new crossing; SR 50 already crosses the Econ, it would be an expansion of that. Commissioner Dallari stated to let the attorneys decide whether or not the expansion of a crossing constitutes a new crossing.

Commissioner _%_Carey_1L1__1M1_ stated that the_%_ _1R2__#_Chairman _1T1_needs _1U1_to _1V1_reach_1W1_ out and schedule_1X1__1Y1_ _1Z1_a _1[2_meeting _1]1_with Orange_1^1_Orang_1_1_ _%_Countys _%_Manager, Mr. Lalchandani, and _%__%_Mayor Jacobs; and that needs to happen sooner vers_1_1_us _1m2_later _1o1_because Seminoles citizens_1p1__1q1_SDSe _1s1_need _1t1_to be _1u1_a_1u1_ble to _1v1_get _1w1_to SR _1x3_408 and_1{1_ _"_in _1|1_ord_1}1_er _1~1_to do _11_that_11_, they _11_need _11_to _13_consider _12_widening _11_all _11_of _12__%_CR 419 _11_. _%_Commissioner _%_Dallari_11_ _12_stated that he is _11_not _11_dis_11_a_12_greeing _11_with _1 1__%_Commissioner _%_Carey, he just _11_wants to _11_make _11_sure _12_that there_11_ is full transparency so _11__11__11_the _12_public _11_is engaged _12_and aware _11_of what_11_ is _11_going _11_on_11_.

_%_Chairman _%_Horan_11__11_ explained that he and _%_Mayor _12_Jacobs _11__11_met _12_a_12_bout _11__11__11_four months ago, and_11__%_ _11_consequently _11_the _13_issues _11_that _11_re_11_late _11_to _11_that _11_particular _12_region _11_are _12_thin_11_gs that _11__%_C_11_hairman _%_Horan _13_suggested _11_to _11__#_Mayor _12_Jacobs _11_that _11_they _11_put on a schedule_11__11__11_ _11_so _11_t_11_hey can _11_have _11_some _11_kind _11_of _11_an _11_idea _11_as _11_to _11__11_plan, _11_but _11_he _11_ha_11_s not received _11_a _11_call _11_bac_11_k_2(1__2(1_. _2)1__%_Commissioner _%_Carey stated that _"_the DOT _21_cann_21_ot _21_ex_21_tend SR_21_SR_23_ 408 _21__"_without _21_an _22_agreement _21_with CFX that they are willing to hand that over to them,_21_ and their interest is what_21_ is best _21_for the _22_traveling _22_public_21_. _%_She reiterated that _%_CFX has _21__21_said _22_they will _21_give _21__21_them all _21_of _21_their _21_documents so they can look at _21_it and _21_come _21_up _21_with _21_a _21_recommendation, _21_and _21_hope_21_fully _21_that _21_all _22_works _21_out_21_. She added_21__%_ _"_it would _21_be _21_great _21_if _21__21__21__22_everyone was working _21_together for the betterment of the public. She suggested that the _%_Chairman send_%_ a _3,1_form_3-1_al _3.2_letter _302_requesting _321_a_321_ _331_meet_341_ing to discuss the 419 and that small area _3=1_that _3>1_im_3?1_pacts _3@1_Seminole County _3C1_because _3D1_a_3D1_t the _%_CFX_%__3K1__3L1__#_ _3M2_meeting _3O1_last _3P1_week_3Q1_, _%_Mayor _3R2_Jacobs _3T3_indicated _3W1_they _3X1_were _3Y1_going _3Z1_to _3[1_reach _3\1_out _3]1_and _3^1_schedule _3_1_something_3`1_. _%_No objections were voiced.

District 3

Commissioner Constantine stated at the MPO Alliance meeting, he and Chairman Horan were in attendance, and they did get a rest area study through which would include I-75, I-95, and I-4 specifically looking at freight needs and the County's I-4 rest area/truck stop in Longwood. It was passed unanimously by the 10 counties and 6 MPOs that were there and with the Regional Planning Council (RPC), the MPO Alliance, and specifically the DOT leading it. He mentioned Noranne Downs, District 5 FDOT Secretary, was there also and supported the amendment. Commissioner Carey asked if that identified the SR 44 and I-4 site or that area. Commissioner Constantine explained there were ownership representatives present for both of those which expressed different feelings about a public/private or even a private land use at SR 44 and other locations that the DOT had identified in the past. He stated Volusia County was not given or did not have full information when they made the decision that they didn't want those rest areas. He opined that as they start seeing this and know that their private developers want to do it on their property, there is going to be a change from the county commission's perspective like there has been with Deltona.

Commissioner Carey asked how many Volusia County commissioners are on the Alliance. Commissioner Constantine answered he thinks there is one, but this was to be done with the RPC and others, and there are two on the RPC. Chairman Horan stated it is mostly the representatives of the TPOs and the MPOs and their staffers. He added that Seminole County is the only county with two representatives on the MPO Alliance. Chairman Horan stated the private developers attended the meeting and made a presentation, and that presentation generated a wide-ranging discussion that lead to Commissioner Constantine's motion to get the support of all of the people on the Alliance for that study that will involve the private sector and all of the private operators of the kinds of facilities where they do transfer, rest and all kinds of different operations with regards to truck freight. He opined that it was a very beneficial meeting and Commissioner Constantine did a great job in formulating the motion, and it was a good day for everybody. He expressed that what he thought was most gratifying was to learn how much the industry appreciated the involvement of the public sector and the independent sector because the trucking industry has been trying to get the Legislature to address this for quite some time and they have not been getting a lot of traction. Chairman Horan stated he thinks they advanced the ball down the field with that particular issue, specifically also to the benefit of trying to get a resolution on the County's own rest areas.

Commissioner Carey discussed a freight-mobility study done in the '90s at MetroPlan, and Commissioner Dallari confirmed that an update was completed about a year and a half ago and noted he will get the entire Board a copy of it. Chairman Horan opined that the freight report is a little frightening and a period of time has passed where they have not done anything, so they are another two years behind the power curve. Commissioner Carey pointed out that the study from the '90s recommended that rail freight be moved to the outside of other areas where they had corridors, and then they had commuter rails come since then; and there have been a lot of changes so she would like to see the updated report.

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Commissioner Constantine announced that the Historical Commission met and they talked about the fact that the County has identified half of a building for the potential use of the donation of the buggies. They were still wishing to have a full 3,600 square feet, but he told them that they have to do a report to justify the long-term implications and how they can do it.

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Commissioner Constantine stated that at the Leadership Seminole meeting, they talked mostly about the new executive director and the process of finding that new executive director because Wayne Weinberg has left.

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Commissioner Constantine indicated that on the 22nd of October, he met with the Indian Hills Homeowners Association and they are very excited about their new aquatic park at Kewannee Road and they invited everybody to their party on the 5th at 9:00.

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Commissioner Constantine reminded that tomorrow is the Servants of the People luncheon, and noted tonight he is meeting with the Springs Landing Homeowners Association. He announced the United Arts board is meeting on the 27th of October, and Orange Countys P&Z meeting regarding Sustany is on October 28th. Commissioner Constantine stated the Goldenrod Parade is on October 29th. Also, the Florida State music teachers are meeting in the area and having their big dinner and Father John is doing Pathways to Care at Saint Mary Magdalen that same day.

District 4

Commissioner Henley stated the debris in District 4 has been removed with the exception of an area near Brassie and Roberts and those are about 6 to 8 logs, 10 to 12 inches long that need to be cut up in order to be moved.

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Commissioner Henley reported that after the positive vote on the golf course this morning, the people in District 4 are satisfied.

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Commissioner Henley informed the Board that LYNX has not resolved the episode with the union yet, and they are still at impasse. The first meeting will be after the first of the year because the union wanted it delayed. Commissioner Constantine noted the RPC has moved in at LYNX.

CHAIRMANS REPORT

Chairman Horan reported a traffic condition at SR 434 and Hammock Lane on the big curve going into Orlando. It is a state highway and he thinks a traffic light has been approved. He stated they have gotten the Legislature involved in this issue and there is quite a bit of interest. He asked if any of the Board members have any connections that can assist in this, to work through the County Manager in getting the State to move in regard to traffic calming devices and the final approval for funding of the traffic signal.

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Chairman Horan stated the Board has been contacted about a fee that they passed back in December 2014. It was a non-transport fee for services that are rendered by their EMS personnel when they do not do a transport. The fee is graduated depending upon the intensity of the service that is given; but in particular if the intensity of the service involves, for example, an injection for a diabetic patient, the fee could be as much as $800. He explained that they have learned that Medicare, Medicaid, and supplemental private insurance carriers will pay for transport but they will not pay for the less expensive alternative of treating somebody in place. The County's protocol is that better service is given when the patient is treated in place, but that is not being covered. Chairman Horan stated since May of 2015, there is $240,000 outstanding of that fee, and they have only collected about $75,000 of the fee; $57,000 from private customers; and only $18,000 from insurance.

Commissioner Carey stated this morning on the Agenda they approved the company to go back and bill some of those charges that had not been collected to Medicaid and Medicare. She asked if that would be able to cover some of this. Jim Reynolds, Fire Department Director, answered that it will not because it is completely unrelated. Ms. Guillet stated they could bill it, but Medicare will not pay it. Mr. Reynolds explained those are for costs incurred for equipment and those types of things that they previously didn't cover and now are able to collect under state law. He explained that they are at about a 23% collection rate on this particular fee. He noted that Seminole County has always been recognized as having a cutting-edge EMS system. He stated Dr. Husty is also cutting-edge in allowing paramedics to make that decision in the field which reduces the load on the hospitals. Mr. Reynolds explained that there was not good data on what the appropriate fee is in the past when it was set, so they need to look at the fee and come back with a recommendation on whether or not they should adjust it. He noted the Medical Director is very supportive of a fee and disappointed that the federal partners are not recognizing that this is the way to go.

Commissioner Carey opined that the bothersome thing about this is that sometimes they need to treat in place because the patient needs immediate attention; and in a case of diabetes, for example, as soon as you give them an injection, you may stabilize them and not have to transport them. She stated that maybe the big picture is that they need to go back to their federal and state legislators and ask for some consideration to be given to this because if you are trying to control your healthcare costs, and somebody can be treated in place and not have to be transported to a hospital, it is in everybody's best interest, the patient or the payers, regardless of who it is. In addition to talking about the fee and bringing the fee back, Commissioner Carey expressed that she would like for them to talk to their lobbyist, both state and federal, because it is not only Medicare, it is Medicaid and others as well paying that. Mr. Reynolds noted private payers are paying about 6% and the rest is coming from the patients themselves.

Ms. Guillet stated that a lot of the folks who need this service and aren't transported are seniors and folks on fixed incomes; and to their credit, a lot of them that are paying are put on a payment plan and the County tries to accommodate them. She added they are in a situation where if they do the right thing, there is a penalty for it because they aren't collecting the fees. Ms. Guillet explained they could change their protocols and transport everybody, but it isn't in the patients best interest and from a resource management standpoint, it isn't in the County's best interest. Chairman Horan noted it increases their wall time.

Commissioner Dallari questioned if it is just the County having a hard time collecting this or if it is all the seven cities as well. Mr. Reynolds answered that the only other one in the area is Kissimmee and they did not have their collection rate because they hadn't looked at it, so they couldn't give him any feedback. He added Osceola had passed something to enact it, but they have not enacted it yet. Also Lee County is doing it, but he wasn't able to get information on a collection rate from them.

Commissioner Dallari asked if there is anyone working with the State or Feds to see if there is any way to reclassify the code chart. Mr. Reynolds replied that at this point, not that he knows of. Chairman Horan suggested this would be something that would be worked through the lobbyists and legislators, but he thinks the Florida Association of Counties would be excellent. Commissioner Dallari stated he agrees but sometimes it depends upon how the chart is coded. Mr. Reynolds explained the key is it is either a transport or no-transport, and that is where they are delineating whether or not they will pay. If a patient is transported to the hospital, they would pay for the transport what Medicare will pay, and then they would pay the hospital the portion that they would pay, which according to Dr. Husty in this instance is roughly $1,000, so they would pay $800 of that. It would cost them more to transport them, but because they were not transported, they will not pay anything.

Chairman Horan stated a lot of times with medical coding, there is a code for transport and a code for non-transport. He asked if there is another code they are missing. Mr. Reynolds answered he can check into it but not that he is aware of. Chairman Horan asked if they are sure that in terms of coding, they are not making an administrative mistake. Mr. Reynolds replied that he feels confident because they use an outside billing company that does this for agencies all over the state and they are very well versed on coding. Ms. Guillet stated they can double-check and it is certainly worth looking into.

Commissioner Dallari agreed that the County needs to be speaking with the State and the Feds to see about how to actually change this. He asked when Mr. Reynolds plans on bringing back the fee structure. Mr. Reynolds answered he works with the County Manager on that schedule, but it should not take long. Ms. Guillet explained that the Board will have to take action on it. If the Board wanted to abate the fee as staff looks at it, that is certainly a call they can make. She suggested that the Board give her and Mr. Reynolds time to look at it and bring it back at the November 15 BCC meeting for their consideration.

Commissioner Constantine stated he thinks that Federal and State will take a long time, so they need to find a way to incentivize the opportunity to take care of people in their home and not have to transport them. He agreed with the suggestion to look at the fee structure and bring it back as soon as possible especially when they are only getting 23% anyway. Commissioner Dallari noted that since they are not transporting, they are not filling the hospitals emergency rooms with people that don't need to be there. He asked if staff has talked to the hospitals about whether or not they are willing to subsidize some of this as well since they are not being inundated with patients. Mr. Reynolds answered they have not had that conversation, but it is worth having.

Commissioner Carey stated that Mr. Reynolds made a good point that the company the County is using does this all over the country. She added she would be curious as to if there are other states that will pay for this through their Medicaid or other agencies that have supplemental polices that will actually pay for this type of stuff. She noted that those are the kinds of things that she thinks are important to understand. Commissioner Carey stated the Florida Association of Counties is a good group to reach out to but she thinks there are other agencies, like Seniors Speak Out and AARP, that if you brought this to their attention, they could all take it up because they have a pretty good lobby. She noted she would be interested in knowing from the provider that is doing the collections if there are other states where they can actually get paid by treating them in the home. Chairman Horan confirmed that the staff direction is to bring back something to the Board with regards to the amount of the fee and other action plans that the Board should execute, and also to consider what to do for the people who are on payment plans. Ms. Guillet stated they will bring whatever their recommendation is with respect to what they do with the fee, if anything, and include consideration for the folks that are to be billed. Commissioner Carey suggested they include how many people it is, how much they owe, and the circumstances.

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Chairman Horan stated at the Mayors and Managers meeting, he presented the fertilizer ordinance to them, gave them suggestions as to what the County is doing and the issues they are treating, and asked them for feedback. Upon inquiry by Chairman Horan, Ms. Guillet stated she is not aware of any feedback yet. She opined that they were all over the board as to where they should go with it from ramping it up to wondering what happens if they don't do anything. Ms. Guillet stated the general consensus seemed to be they would like to have an opt-in approach, which is basically what the County has in any ordinance that it does. She added the County is going to work with them to try to get an ordinance that everyone is relatively comfortable with so there is some consistency throughout the county.

Commissioner Carey discussed how a fertilizer ordinance would be very difficult to implement and monitor if it isn't countywide. Chairman Horan stated staff has done a great job of explaining the difficulties in terms of implementing to the cities. Commissioner Constantine explained that the initial reaction he received was positive, but they understand that if it is not done countywide, even if it is an opt-in, someone could go somewhere else to get fertilizer. Commissioner Carey asked if the cities are under the same requirement that the County is to adopt the basic rule. Chairman Horan answered the County made that point to them that they have a similar requirement. Ms. Guillet explained the cities at least have to do that, and the County's proposal has gone beyond what the basic requirements were under the model ordinance. The positive outcome was everybody was supportive of the respective staffs working together to try to come up with something. She noted they have been working together for a couple of years and they have a great working relationship, so they are going to continue to head down that path.

Commissioner Dallari stated he has a question regarding TMDLs. He asked if the entire county is not on a similar fertilizer ordinance, can staff tell what the loading and unloading effect could potentially be in the waterways through TMDLs. Kim Ornberg, Watershed Division Manager, Public Works Department, addressed the Board. She explained that staff is working on calculating the actual benefit from some of the studies that have been done as part of the exercise. Commissioner Dallari questioned if there was a municipality that didn't opt-in, whether staff could calculate how many pollutants are actually, through the runoff of the fertilizer, going into the waterways and byways. Ms. Ornberg stated they could estimate it. Commissioner Dallari inquired if they would potentially be looking at fines or something through the State through the TMDL factor, and Ms. Ornberg replied only if they weren't meeting their obligation for their load reduction. She explained that through the adoption of the ordinance, the County gets credit from the State off of their load reduction so the County can quantify that as well. Commissioner Dallari asked when a municipality's stormwater is flowing through the County's area, can staff monitor where it is coming in and how much loading is coming in; Ms. Ornberg answered that is correct.

Chairman Horan noted Ms. Ornberg did a wonderful job at the Mayors and Managers meeting explaining that everyone is in this together. Commissioner Carey confirmed with Ms. Ornberg that the County gets some TMDL credits for the model ordinance. Commissioner Carey asked if the County gets additional credits by adding the things that they have added. Ms. Ornberg answered at this point they have not formally adopted anything beyond the 1% but she was at a BMAP meeting this week for the Middle St. Johns and they are talking about giving the County additional across-the-board credit if they do something like they are proposing. Commissioner Dallari reiterated that they can monitor and measure it, and that is the key. Commissioner Carey pointed out it is labor intensive, very difficult, and expensive to do that. She opined that it would be easier if there was a countywide ordinance. Chairman Horan agreed. Ms. Guillet stated she is optimistic and she believes the other municipalities will come around.

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Chairman Horan stated the legislative priorities have grown a little bit, and he wants to see if they can hone them down. He read a list entitled State Priorities 2017 (copy received and filed) as follows: Transportation Request the DOT to conduct a study for new rest areas and the decommissioning of the two County rest areas; Water Resource Legislation - Ensure that the County gets their fair share of funding and quality projects; Fiscal Sustainability - Guard against legislation that imposes unfunded mandates, state funding for Soil and Water Conservation Districts, and increase funding of Department of Agriculture and Consumer Services through the Solid Waste Management Trust Fund for waste tire removal grants, increase per page service charge for Article V Court Technology Funding; Reducing Homelessness - Encourage the development of legislation that would expand the ability of local governments to serve their target populations; and Juvenile Detention Costs Request an appropriation of the Countys overpayment. He noted that usually they try to hit about three categories, so he just wanted to mention that there is nothing wrong with including all of these; but since it has grown a little bit, he wanted to get some input as to whether there are any that the Board wants to have mentioned but maybe not emphasized.

Commissioner Dallari suggested the Chairman circulate the list and talk about it at the next meeting. Commissioner Carey stated in regard to DJJ, that is coming in a different form; they are not going to get reimbursed for their DJJ funding directly. She explained that there are some things on there that are already being addressed, like the study of the rest areas and other things like that, and she thinks that staff could make some comments where each of those are at in the process. Then there are things that are just starting to be discussed, like the homelessness issue, that probably need to rise to the top. Chairman Horan suggested since the Board has to discuss it at the next meeting and adopt something, he will circulate the rough draft list and they can be prepared to discuss it and get to a final decision as to what they want to do. Chairman Horan and Commissioner Carey agreed that the things that are solidified but in process, might be on a monitor list. Ms. Guillet noted staff will talk to the Commissioners individually and try to refine it.

COMMUNICATIONS AND/OR REPORTS

The following Communications and/or Reports were received and filed:

1. Copy of a letter dated October 7, 2016, from Chairman Horan to Congressman John Mica re: Surface Transportation Board proposing new regulations that could undercut the ability of the rail network to respond to demands.

 

2. Copies of letters dated October 11, 2016, to Senators Marco Rubio and Bill Nelson and Congressman John Mica and Congresswoman Corrine Brown respectively re: support for funding for Urban Areas Security Initiative for Fiscal Year 2017.

 

3. Orange County Notice of Public Hearing received October 11, 2016, re: Sustany PD-RD, Friday October 28, 2016, at 10:00 a.m.

 

4. City of Lake Mary Notice of Annexation Ordinance No. 1554, received October 13, 2016, re: Jason Walker property on the east side of N. Country Club Rd. October 20, 2016, at 7:00 p.m.

 

5. City of Lake Mary Notice of Annexation Ordinance No. 1553, received October 13, 2016, re: Lake Mary Congregation of Jehovahs Witnesses property on the east side of N. Country Club Rd. October 20, 2016, at 7:00 p.m.

 

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:37 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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