BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 11, 2011
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, January 11, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District 3)
Clerk of Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Associate Pastor Charles Higgins, Westview Baptist Church, Sanford, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
David Pace, current Chair of Metro Orlando EDC Board,
addressed the Board to give an overview of what they did over a nine-month
period covering staff development and retention, office space, the cluster
theory, and venture capital to look at what was and was not working in economic
development. He stressed that they
believe economic development in this day and age is much more difficult than in
the past, and they can’t just sit back and get their share. It doesn’t work that way anymore. He said they have solidified in their
thinking their role as the
regional player in this economic regionalism. He stated this four-County region is perceived as a great place to do business.
Lars Houmann, current Secretary/Treasurer of the Metro Orlando EDC Board, addressed the Board to state he is President and Chief Executive Officer of Florida Hospital and also President and Chief Executive Officer of the Florida Division of Adventist Health System, with their headquarters in Central Florida. He said the EDC does have to compete on a global level as a region. He said Florida Hospital employs nearly 17,000 people in Central Florida and is second only in private employers to the Walt Disney World organization. They are glad to invest in Central Florida. He explained the term, primary sector employer, and said Florida Hospital views itself as a primary sector. They have a lot of work they do to create destination healthcare and, therefore, jobs that are created by virtue of selling something to people outside their market. That is why they have invested in facilities throughout the region, and these are things that bring people to the region where economic transactions occur; and that is wealth and jobs created for the market. They make those investments because they see this as a growth region. He said when they do the math and put together the jobs, companies and things they are doing in the region, it has great clout. This regional argument is very important to them in creating and bringing companies to this region, and that means they rise above their own parochial, local interests when it comes time to pursuing a major employer or major new investment in the market.
Mr. Houmann said they appreciate very much how the Seminole County Commission and Economic Development staff work together with them in a regional approach to create that strong, regional brand. There are jobs being created in Seminole County, and they try to make sure that everyone benefits throughout the market. He affirmed their commitment to a regional approach in making investments that drive jobs and create income for this region, and he again thanked the BCC for their ongoing support of the Economic Development Commission.
Brian Walters, Executive Vice President of the Metro Orlando EDC, addressed the Board and recognized Mark Holmstein from Progress Energy and Sid Miller from Florida Business Interiors, who were in the audience. Mr. Walters gave the Metro Orlando EDC Year End Report FY 2009-2010 PowerPoint presentation (copy received and filed) covering the following topics: Focus: Primary Employers; Focus: Primary Job Creation; and Path to Success.
Tracy Turk addressed the Board to continue review of the PowerPoint covering the following topics: Establishment Highlights FY 2009-2010; Current Expansion Projects FY 2010-2011; Seminole Success Story; Filming in Seminole County; the Texture Magazine; and Upcoming Events. The 2009 Report to EDC Investors was received and filed.
Commissioner Henley said this is a very good report and is very impressive. He asked for the number of businesses or jobs that were lost in Seminole County. Mr. Walters said he didn’t have the figures available today but he can provide that information to Commissioner Henley.
Chairman Carey advised that Commissioner Dallari will continue to represent the BCC on the EDC Board.
Commissioner Dallari said working with the EDC is truly a pleasure. He said, along with Commissioner Henley’s request, he would like to know if there was anything the County could have done, or should do, to keep those jobs locally.
Mr. Walters said in their visitations with the companies, they are asking those questions. Some of the things they have heard from the companies have been concerning regulatory questions raised, questions about the tax base and how they tax capital, incentives have been discussed, and the venture capital issue. He stated for them to make sure they commercialize these companies and support the growth of them here, access to capital is an issue they have to resolve as a region and as a State.
Commissioner Dallari said with the changing market and technology changing so fast, sometimes with manufacturing, the equipment becomes obsolete before it can be depreciated. He asked if anyone had looked at the different types of depreciation and what could be done or restructured for that type of equipment.
Mr. Walters said the EDC has not looked at that, but that has been the target of a lot of federal policy. He thinks it is a great idea to bring to the State about how they tax companies.
Chairman Carey said one of the things the new Governor has ordered is to stop rulemaking and to try to meet with the Office of Finance to review all those processes. She thanked Mr. Walters and his team for coming and making the presentation today.
COUNTY MANAGER’S CONSENT AGENDA
Commissioner Horan declared conflicts of interest and stated he has signed notices regarding Items #2, Award CC-6200-10 to Ranger Construction, Inc. of Winter Garden, Florida; and #7, Contract for Sale and Purchase of Land and convey County Deed to Samy Realty, Inc. He said the parties involved are clients of his law firm. Although the law firm is not involved in the matters regarding these items, he feels it is necessary to declare conflicts of interest and he will file the appropriate documents and abstain from voting on those issues.
Chairman Carey stated those two items will be pulled for separate votes.
Commissioner Dallari asked for clarification on Item #13, Amendment to the Conditional Utility Agreements for Water and Sewer Service for the project known as Aloma Walk. Mr. Forte stated staff delivered copies of the revised agenda item on last Friday. He explained the item takes the three remaining parcels (2, 3 and 4) out of Parcel 1; Parcel 2 already has a utility agreement. He said the three parcels all stand alone independently now.
Mr. Forte advised a change in the background information for Item #3, Award RFP-5751-10, Wind Retrofitting of Seminole County Fire Stations to Atlantic Coast Hurricane Shutters, Inc. of Port Orange, Florida, to correct the account number from 010577.530630 to 010577.560630. He corrected a date for Item #22, Clerk’s Report, Expenditure Approval List to read November 29 instead of November 28, 2010; and also corrected the date in the background for Regular Agenda Item #25, Request to schedule and advertise a public hearing for Ordinance to establish the Bel Aire Hills Wall Replacement MSBU, to read April 2011 instead of April 2010.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the following, excluding Items #2 and #7 for separate votes:
County Manager’s Office
Purchasing & Contracts Division
3. Award RFP-5751-10/RTB, as shown on page _______, Wind Retrofitting of Seminole County Fire Stations to Atlantic Coast Hurricane Shutters, Inc. of Port Orange, Florida in the amount of $229,455.00; and authorize the Purchasing & Contracts Division to execute the Agreement.
4. Award RFP-601027-10/GMG, as shown on page _______, Term Contract for Socio-Economic Data Management to Urban Dynamics Corporation, Neptune Beach, Florida; and authorize the Purchasing and Contracts Division to execute the Agreement.
5. Approve Sole Source Procurement SS-601067-11/BJC to acquire Telestaff and Webstaff software upgrades, maintenance and support with Principal Decision Systems International, Irvine, CA; and authorize the Purchasing and Contracts Division to issue Purchase Orders on an as-needed basis.
6. Approve Proprietary Source Procurement SS-601066-11/BJC to procure LiveMUM software application with Deccan International, San Diego, CA; and authorize the Purchasing and Contracts Division to issue Purchase Orders on an as-needed basis.
8. Approve and authorize the Chairman to execute the Annual Choose Life Specialty License Plate Affidavit, as shown on page _______, to the Florida Department of Highway Safety and Motor Vehicles, FY 2009-10.
9. Approve and authorize the Chairman to execute the Seminole County Victims Rights Coalition, Inc. Agreement, as shown on page _______, with Seminole County.
10. Adopt and authorize the Chairman to execute appropriate Resolution #2011-R-1, as shown on page _______, amending certain fees set forth in Section 20.26 (Health Department) of the Seminole County Administrative Code.
Community Assistance Division
11. Approve and authorize the Chairman to execute the Satisfactions, as shown on page _______, of Second Mortgage for the following households assisted under the County's Home Ownership Assistance Program or the Emergency Repair Housing Program: Crystal D. Baker (2); Katrina M. Brown; Lisa Yvette Byrd (2); Johnnie Mae Clark; Grace Derum; Ellen Elizabeth Hadden-Wilson; Brenda H. Hampton a/k/a Brenda Hill; Louise Rice Hayes; Deidra Hawkins; Sara O. Jenkins; Vernessa Kennon; Lonnie Martin and Edith Martin; Melva McGill; and Brenda J. Wilson.
12. Approve a Substantial Amendment to the 2010-2011 One-Year Action Plan establishing a new activity to fund the Early Learning Coalition with $60,000 in Community Development Block Grant (CDBG) Program funds for Child Care services.
13. Approve the Amendment, as shown on page _______, to the Conditional Utility Agreements for Water and Sewer Service with Aloma Walk Commercial Venture, LLC, for the project known as Aloma Walk.
Planning, Engineering & Inspections
14. Approve and authorize the Chairman to execute the Second Amendment, as shown on page _______, to the Agreement between the St. Johns River Water Management District and Seminole County for the WPSP-Seminole County Yankee Lake Reclaimed Water System Augmentation Project. This Second Amendment extends the construction completion date from January 31, 2011 to May 31, 2012.
15. Approve to partner with Seminole Behavioral Healthcare to resubmit a grant application, as shown on page _______, to the U.S. Department of Justice requesting $250,000 through their Justice and Mental Health Collaboration Program; and authorize the Chairman to execute supporting documents as may be required for the application.
16. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-2, as shown on page _______, implementing Budget Amendment Request (BAR) #11-22 through the 2001 Infrastructure Sales Tax Fund in the amount of $2,689,300 to allocate revenue from two interlocal funding agreements with the city of Casselberry and SNNOCWTA (South Seminole & North Orange County Wastewater Transmission Authority) for utility relocation related to the SR 436/Red Bug Lake Rd. Interchange project.
17. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-3, as shown on page _______, implementing Budget Amendment Request (BAR) #11-25 through the General Fund in the amount of $7,508 to appropriate budget for the USTA (United States Tennis Association) commitment funds.
18. Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to Lease Agreement and Grant of Temporary Easement for 1604 Bomi Circle, Winter Park, Florida, required in support of the Charter Oaks/Tamarak MSBU.
Planning & Development Division
19. Approve the Satisfaction of Lien in the amount of $250.00, Case No. 07-120-CEB, for 3347 S. St. Lucie Drive, Casselberry, Tax Parcel #23-21-30-518-0000-1640, previously owned by Daniel Richard and currently owned by Bank of New York; and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.
20. Approve and authorize the Chairman to execute an Agreement with Metro Competitor Flag Football Union, as shown on page _______, in the amount of $2,860.12 for the MCFFU Flag Football World Championships to be held at Sylvan Lake Park on January 14-16, 2011.
Traffic Engineering Division
21. Adopt appropriate Resolution #2011-R-4, as shown on page _______, and authorize the Chairman to execute a Locally Funded Agreement, as shown on page _______, between the State of Florida Department of Transportation and Seminole County for Interchange Modifications at State Road 400/Interstate 4 and State Road 46.
Districts 1, 2, 3, 4 and 5 voted AYE.
Purchasing and Contracts Division, Cont.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve and authorize award of CC-6200-10/JVP, ARRA Lake Mary Blvd. Rehabilitation in the amount of $857,151.47 to Ranger Construction, Inc. of Winter Garden, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement, as shown on page _______.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Horan abstained from voting. Memorandum of Voting Conflict Form, as shown on page _______, was received and filed.
Support Services Division, Cont.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the Chairman to execute the Contract for Sale and Purchase of Land, as shown on page _______, and convey County Deed, as shown on page _______, for Parcel #32-19-30-501-0000-010D, a vacant 1.97 acre lot, to Samy Realty, Inc. for the purchase amount of $131,500.00.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Horan abstained from voting. Memorandum of Voting Conflict Form, as shown on page _______, was received and filed.
Constitutional Officers’ Consent Agenda
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the following:
22. Approval of Expenditure Approval Lists, as shown on page _______, dated November 22, 29, and December 6, 2010; approval of Payroll Approval Lists, as shown on page _______, dated November 24 and December 10, 2010; and approval of BCC Minutes dated December 14, 2010.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received and filed”:
1. Work Orders #6 & #7, as shown on page _______, to PS-5438-10.
2. CC-6035-10 Construction Services Agreement, as shown on page _______, with Young’s Communication Co., Inc.
3. Restrictive Use Covenants, as shown on page _______, for 609 Fruitwood Ave.; 391 Brittany Circle; and 1732 Canterbury Circle.
4. Second Amendment, as shown on page _______, to IFB-600855-10.
5. Closeout, as shown on page _______, for Work Order #37 to CC-1075-06.
6. Work Order #39, as shown on page _______, to PS-1501-06.
7. Second Amendment, as shown on page _______, to Conditional Utility Agreements for water and sewer services with Continental 170 Fund, LLC, for the project known as Greenway South PUD.
8. Title Opinions, as shown on page _______, for Brooks Brumley Bounty and Tulp’s Treasured Holdup.
9. Work Order #86, as shown on page _______, to PS-5120-02.
10. Third Amendment (Resale), as shown on page _______, to RFP-4277-09, Woodard Construction.
11. Work Order #53, as shown on page _______, to CC-1284-06.
12. Amendment #1, as shown on page _______, to Work Order #3 to PS-1666-07.
13. Amendment #3, as shown on page _______, to Work Order #41 to PS-5120-02.
14. Work Order #85, as shown on page _______, to PS-5120-02.
15. Addendum #6, as shown on page _______, to Etor Properties PUD.
16. Work Order #57, as shown on page _______, to RFP-4277-09.
17. Amendment #1, as shown on page _______, to Work Order #1 to RFP-5465-10.
18. Work Order #84, as shown on page _______, to PS-5120-02.
19. Amendment #2, as shown on page _______, to Work Order #33 to PS-0381-06.
20. Work Orders #83 & #87, as shown on page _______, to PS-1074-06.
21. Change Order #7, as shown on page _______, to CC-4813-09.
22. Third Amendment, as shown on page _______, to M-0232-05.
23. Change Order #1, as shown on page _______, to CC-5048-09.
24. Executive Search Consultant Agreement, as shown on page _______, with Slavin Management Consultants.
25. Work Order #10, as shown on page _______, to PS-5180-05.
26. Third Amendment (Resale), as shown on page _______, to RFP-4277-09, Ruby Builders.
27. Work Orders #24, #25 and #26, as shown on page _______, to CC-2184-07.
28. Amendment #1, as shown on page _______, to Work Order #81 to PS-5120-02.
29. Second Amendment, as shown on page _______, to RFP-1347-06.
30. IFB-601038-10 Term Contract, as shown on page _______, with Stryker Sales Corporation.
31. Memorandum, as shown on page _______, regarding terminating Amendment #1 to Work Order #43 to RFP-4277-09.
32. Work Order #68, as shown on page _______, to CC-1741-07.
33. Amendment #1, as shown on page _______, to Work Order #80 to PS-5120-02.
34. Work Order #54, as shown on page _______, to CC-1284-06.
35. Amendment #1, as shown on page _______, to RFQ-5888-10.
36. Amendment #1, as shown on page _______, to Work Order #10 to RFP-3261-08.
37. Scriveners Error Correction, as shown on page _______, for Gulamali Jaffer Development Order, Unnamed ROW Vacate.
38. Amendment #2, as shown on page _______, to Work Order #42 to RFP-0225-05.
39. Title Opinions, as shown on page _______, for I-4 Industrial Park 5th and 6th Sections.
40. Third Amendment, as shown on page _______, to IFB-600108-06.
41. RFQ-601024-10 Term Contract, as shown on page _______, with Dorma – Carolina Door Controls, Inc.
42. Amendment #3, as shown on page _______, to Work Order #70 to RFP-4214-04.
43. Work Order #22, as shown on page _______, to RFP-0013-05.
44. Amendment #4, as shown on page _______, to IFB-600168-07.
45. Work Order #50, as shown on page _______, to PS-5174-04.
46. Work Order #16, as shown on page _______, to PS-3914-08.
47. Work Order #17, as shown on page _______, to PS-4388-09.
48. Work Order #6, as shown on page _______, to PS-1666-07.
49. Amendment #1, as shown on page _______, to Work Order #48 to RFP-4277-09.
50. Amendment #1, as shown on page _______, to IFB-600806-10.
51. Second Amendment, as shown on page _______, to IFB-600600-09.
52. Work Order #58, as shown on page _______, to RFP-4277-09.
53. Amendment #2, as shown on page _______, to Work Order #35 to PS-1074-06.
54. Work Order #8, as shown on page _______, to PS-4572-09.
55. Work Order #2, as shown on page _______, to PS-5116-10.
56. Development Order #09-23000001, as shown on page _______, for San Pedro Land Use Amendment and Rezone approved by the BCC on July 27, 2010.
57. Conditional Utility Agreements, as shown on page _______, for water and sewer service, Paul and Carrie Fischer.
58. Work Order #9, as shown on page _______, to M-5004-09.
59. Amendment #1, as shown on page _______, to Work Order #4 to PS-5187-05.
60. Amendments #1, as shown on page _______, to Work Orders #49, #50, #52, #53, #54, #56 and #57 to RFP-4277-09.
61. Amendments #2, as shown on page _______, to Work Orders #52 and #53 to RFP-4277-09.
62. Work Order #4, as shown on page _______, to PS-4906-09.
63. Closeout, as shown on page _______, for Work Order #14 to CC-2184-07.
64. Work Order #74, as shown on page _______, to PS-1529-06.
65. BOA Development Orders, as shown on page _______, as follows: David Carter variance; Brandy Mullins variance; Brenda McClure variances; Teresa Madden variance; John Bready II variances; Oscar Mendoza variance; Jerry Hamm variance; George III & Jennifer Helm variance; and Mary & Thad Wrought variance.
66. Bids as follows: IFB-601038-10; CC-6043-10; CC-5075-10; CC-5365-10; CC-5544-10; CC-5756-10; RFQ-601057-10; RFQ-600997-10; RFP-601027-10; and IFB-600949-10.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the following:
23. Approval by the Board of County Commissioners to contribute $2,000 from the Law Enforcement Trust Fund to provide funding in support of the Rising Achievers Program sponsored by the Rotary Club of Seminole County South.
24. Approval by the Board of County Commissioners to contribute $1,000 from the Law Enforcement Trust Fund to provide funding in support of Mothers Against Drunk Driving (MADD).
Districts 1, 2, 3, 4 and 5 voted AYE.
Carol Waltral, MSBU Program, addressed the Board to present request to schedule and advertise a public hearing to consider adopting an Ordinance to establish the Bel Aire Hills Wall Replacement MSBU. She advised staff recommends approval by the Board to authorize scheduling and advertising a public hearing and it is contingent upon getting the necessary easements.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve and authorize staff to schedule and advertise a public hearing to consider adopting an Ordinance to establish the Bel Aire Hills Wall Replacement MSBU, contingent upon getting the necessary easements.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ray Hooper, Purchasing and Contracts Manager, addressed the Board to present request to schedule and advertise a public hearing to consider an Ordinance amending the Purchasing Code (Chapter 220).
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve and authorize staff to schedule and advertise a public hearing to consider an Ordinance amending the Purchasing Code (Chapter 220).
Districts 1, 2, 3, 4 and 5 voted AYE.
Lisa Spriggs, Fiscal Services Director, addressed the Board to present request to schedule and advertise a public hearing to consider an Ordinance amending Chapter 30, Part I (Bonds) of the Seminole County Code of Ordinances. She stated the amendment is necessary to bring the current code up-to-date with current laws governing County bond issuance. The proposed amendment repeals Section 30.3, Payment of Bonds, as it is no longer applicable. Staff is recommending the Board authorize scheduling and advertising a public hearing to consider adoption of the proposed Ordinance.
Upon inquiry by Commissioner Dallari, Ms. Spriggs stated the proposed ordinance covers the authority the Board has with regard to any type of bonding. When and how the Board would analyze or entertain any type of derivative transaction would be covered in their Administrative Code policy. She explained there are different types of derivatives. Whereupon, Commissioner Dallari stated he has heard of certain municipalities in the West running into problems with these type transactions. He is not that familiar with them and if they move forward, he would like to have more information. He wants to make sure before they advertise this that they explore if derivatives are something they want included or excluded. Right now, he doesn’t feel comfortable enough with his knowledge to include that.
Ms. Spriggs said what’s included in the proposed ordinance is what’s included by general law. She said, if the Board wishes, she can discuss this with the County Attorney’s Office and Bond Counsel. She would recommend addressing derivatives in the policy of the Administrative Code if the Board decides to entertain any type of derivative transaction. Discussion continued.
Upon inquiry by Ms. Spriggs, Commissioner Dallari stated he would like these answers addressed before the proposed ordinance is advertised.
Mr. Forte said this won’t be advertised until all the details have been clarified.
Chairman Carey said she has spoken to Ms. Spriggs and the Clerk’s Office about working closer together this year to be more hand-in-hand on the finances.
Commissioner Dallari said he agrees and, over the past years, the Board has been very conservative and he wants to make sure they remain as conservative as in previous years.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to authorize staff to schedule and advertise a public hearing to consider an Ordinance to amend Chapter 30, Part I (Bonds) of the Seminole County Code of Ordinances.
Districts 1, 2, 3, 4 and 5 voted AYE.
Jerry McCollum, County Engineer, addressed the Board to present request for approval and authorization for the Chairman to enter into a Joint Use Agreement between the State of Florida Department of Transportation and Seminole County in conjunction with the development and implementation of the Central Florida Commuter Rail (SunRail) Transit System. He introduced Tawny Olore and Todd Hammerle, new Construction Manager for the SunRail project.
Mr. McCollum stated there is nothing new in the agreement that they have not discussed in the past. He reviewed the contents of the agreement. He said one new thing is that the County now has the naming rights to the station. He also reviewed the Commuter Rail schedule and the station plans. He said the system is scheduled to be open in the summer or fall of 2013 and the funds have to be available at that time.
Commissioner Carey asked if there was any intent to have a uniform contract for maintenance of the 31 miles in order to recognize some economy of scale on each community to just pay their fair share.
Mr. McCollum stated they are looking at that for the biggest part of the contract, which is for cleaning of the platform. They are looking at an overall contract for the 16 stations and Seminole County would pay whatever their share is.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the Chairman to execute the Joint Use Agreement, as shown on page _______, between the State of Florida Department of Transportation and Seminole County in conjunction with the development and implementation of the Central Florida Commuter Rail (SunRail) Transit System.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McCollum advised that the city of Orlando approved this agreement yesterday and the same agreement will go to Volusia County on February 3 and to Orange County on February 8, 2011. He said hopefully, this will all be wrapped up in 30 days.
COUNTY MANAGER’S BRIEFING
The Board noted the Informational Budget Amendment Status Report FY 2009/10 & FY 2010/11 for the period ending November 30, 2010.
ACM Joe Forte presented appeal of his denial of the request for reduction to the Code Enforcement Board lien which totals $35,000.00 for Case #09-160-CEB on the property located at 1317 Raspberry Court, Casselberry; Morris W. & Karen D. Bean (previous owners), Homes For You, LLC & Fernco Group LLC (applicants/owners), (Pelayo R. Lorie, Homes for You, LLC). He reviewed the background and said the buyers of the property fixed the code violations two days after the purchase, but they never notified the staff. He said the staff recommendation is to deny the request for a lien reduction, but his position is that this was an error. He thinks this was the first time the owners had been through an experience like this and they did not realize they should have checked to notify the County that the code violations were resolved. He said he did confirm that the violations were resolved two days after the home was purchased. His recommendation is for the Board to reduce the lien to the administrative cost of $1,347.38.
District Commissioner Horan stated from his review, very soon after acquiring title, it appears that Homes for You, LLC, and the Fernco Group moved quickly to improve the property and it is no longer an eyesore in the neighborhood. He agrees with the recommendation of the Acting County Manager.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to grant the appeal and reduce the Code Enforcement Board lien totaling $35,000 to the amount of the administrative cost of $1,347.38 for Case #09-160-CEB, property located at 1317 Raspberry Court, Casselberry; Morris W. & Karen D. Bean (previous owners), Homes For You, LLC & Fernco Group LLC (applicants/owners), (Pelayo R. Lorie, Homes for You, LLC).
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Horan amended his motion to include that the lien amount be paid within 30 days, and Commissioner Dallari agreed to that amendment.
COUNTY ATTORNEY’S BRIEFING
Mr. McMillan gave an update on the County Manager’s search, stating he has talked to Mr. Slavin and he will be here on February 21 and 22 and will want to schedule a meeting with each Commissioner. This will be to further refine the list of applicants. Mr. McMillan said the applications close on January 31. He will be contacting the Commissioners’ offices to set up a meeting. When this is done, they will know how long it will take to get to the next cut of reducing the number of applicants to five. He thinks he can then schedule interviews within a week or so of that being done.
Chairman Carey said she has asked Mr. McMillan to try to compress the schedule as quickly as possible. She also asked him to ask Mr. Slavin to do a proposal for a County Attorney search. As Mr. McMillan will be retiring sometime this year, they really need to get that process started.
Mr. McMillan said he talked to Mr. Slavin about that this morning and he will put something together and get back to him. Mr. McMillan said he will be retired by the end of June. Mr. Slavin will get something to him possibly within the next week on how the County can piggyback on the current contract.
Chairman Carey said she would like to have some transition period.
Commissioner Dallari said Mr. McMillan has a phenomenal career in Seminole County and he will truly be missed. He said he would like to see the Board move forward in asking the firm to do that and as soon as possible before the February meeting.
Commissioner Horan said they should probably have the County Manger aboard when considering the County Attorney position. He said he would seek the counsel of the new County Manager with regards to a decision about the new County Attorney.
Commissioner Carey said she thinks it would be nice to have a County Manager in place but they may not find one; however, they have to move forward with hiring a County Attorney as well.
Commissioner Henley said there has been some concern for some time about the loss of institutional knowledge once Mr. McMillan leaves, and he thinks Mr. McCollum has set his date. The County has lost about all the institutional knowledge they have and that can handicap them. The County has had a significant loss with people retiring and being hired away in other jobs. They need to make sure they have everything they need to know recorded. He said he hates to see Mr. McMillan go, but he realizes there is life after County government.
Commissioner Van Der Weide said this is a very serious issue they will be facing for the County to lose the County Attorney who has been here as long as he has. Along with that, they have an Acting County Manager who has done a wonderful job. He said he has been around long enough when they had the search company before and it has been very disappointing. They could find themselves without a County Manager and a County Attorney. The Board has to be very cautious and make sure they do the right thing.
Chairman Carey said she agrees and, with the budget process coming upon them, she expects Mr. Forte to continue carrying out his duties and the Finance personnel to be actively engaged and looking forward to make sure they have everybody working together and staying focused on the budget.
Commissioner Henley said he had not talked with Mr. Forte about this, but they received a legislative alert from Alcade Fay about the release of water quality rules in which they asked for a response. If staff responded, he would like to receive a copy of that.
Mr. Forte said he doesn’t know if anything was sent out, but he will follow up with Assistant County Manager Sabrina O’Bryan.
Chairman Carey said the direction was to prepare something and send it to them.
Mr. Forte said he knows one response was prepared.
Commissioner Henley said he wants to know what staff found with regard to the impact of those rules.
Chairman Carey said, hopefully, the Board can get an update on that by this afternoon.
Chairman Carey recessed the meeting at 10:38 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Clerk of Court Maryanne Morse being absent) with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, 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.
MSBU PROGRAM/East Altamonte-Winwood Park
Proof of publication, as shown on page ________, calling for a public hearing to confirm that proceeding with the CDBG Street Lighting Equipment Upgrade Project in the East Altamonte/Winwood Park vicinity is in compliance with the Consolidated Street Lighting Ordinance 2010-16 and is therefore eligible for implementation, received and filed.
Carol Watral, MSBU Project Manager, addressed the Board to state that this proposed street lighting equipment upgrade project will impact the MSBUs of Winwood Park South, Winwood Park North, Orange Estates and Granada South and was developed in response to significant public safety concerns as conveyed by the Seminole County Sheriff’s Office.
Ms. Watral explained that due to the costs of the safety upgrades, specifically the equipment installation costs, the project was submitted for funding consideration via the Community Development Block Grant (CDBG) process and was approved for inclusion in the CDBG plan for FY 2010/2011. She further stated that while the installation costs of $10,000 will be covered by Federal grant funds, the operational expenses must be paid by annual assessment.
Ms. Watral advised that assessment impact to the four MSMUs is estimated at $10 per benefit unit and represents an increase greater than 20% for one of the four MSBUs and thus necessitates public consideration as part of the approval process. Ms. Watral stated that staff is recommending approval of this item.
Paul Snead, Jr., 212 Marker Street, addressed the Board to express his appreciation to the Commission, staff and the Sheriff’s Office for their efforts to make his community more secure. He added that he was in support of this item.
No one else spoke in support or in opposition.
A Speaker Request Form was received and filed.
Motion by Commissioner Henley, seconded by Commissioner Dallari to confirm that proceeding with the CDBG Street Lighting Equipment Upgrade Project in the East Altamonte/Winwood Park vicinity is in compliance with the Consolidated Street Lighting Ordinance 2010-16 and is therefore eligible for implementation.
Under discussion, Commissioner Henley stated that this has been a troubled area for a number of years and he believes the Sheriff’s Department has done a good job in helping to clean the area up. He stated that this neighborhood has significant needs that have not been met and advised that requests to solve some of their problems will be coming forward. Commissioner Henley said this recommendation will light up the area to help discourage crime.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey recognized two former County Commissioners, Randy Morris and Pat (Warren) Wheeler, who are present today.
SIMULATED GAMBLING DEVICES
Proof of publication, as shown on page ________, calling for a public hearing to consider adopting an Ordinance prohibiting simulated gambling devices, received and filed.
Robert McMillan, County Attorney, explained that this effort regarding Internet cafes and sweepstakes operations began in early 2010 and advised that the history could be found in the agenda item. Mr. McMillan clarified that the proposed Ordinance deals with banning electronic simulated gaming devices and does not shut down Internet cafes, nor does it affect any particular business model. The Ordinance will ban the use of electronic simulated gaming machines that read results indicating what has been won, regardless of where they are being operated.
Donna Wysong, Assistant County Attorney, addressed the Board to explain that the Ordinance is intended to prohibit simulated electronic gaming devices only. She further stated that the Ordinance would apply to games of skill, chance or both and would apply to games with cash payouts or payouts with any sort of value. Ms. Wysong clarified that the Ordinance would not apply to a personal, individual, non-commercial simulated gaming device being used in one’s home. Ms. Wysong stated that the Ordinance would not prohibit a church or charity from conducting fundraisers twice a year.
Ms. Wysong stated that the Ordinance was intended to complement the County’s Charter Amendment prohibiting gambling and also the County’s Code Provision which already prohibits standardized slot machines.
Donald Eslinger, Seminole County Sheriff, addressed the Board to thank them for their time and consideration and acknowledged the efforts of Ms. Wysong, along with April Kirsheman and Sergeant LaFleur from his office, for their hard work regarding this proposed Ordinance.
Sergeant Dan LaFleur, Seminole County Sheriff’s Office, addressed the Board to advise that about a year and a half ago, the Sheriff’s Office received several telephone calls reporting businesses that were operating gambling inside of them. He stated that he had personally identified and visited nine Internet cafes in the County. He stated he believes the Internet cafes are operating gambling slot machines.
Sergeant LaFleur explained that at these Internet cafes, people pay an amount as a consideration for the opportunity or chance to win a prize or receive cash which is gambling. He stated that the Sheriff's Office had a nationally-recognized expert in gambling and slot machines come and visit a few of these locations. He advised that this expert determined that they met the requirements of the law defining them as slot machines.
Sergeant LaFleur explained that the first time you go into one of these cafes, you have to read and sign a form that acknowledges that this is not gambling. He stated that after you give the employee however much money you would like to spend, you are issued a card with your information and the money that you are putting down. You then take this card to a computer station and swipe it or scan it. The dollar amount that you have paid onto this card gets transferred to points on the computer game, and these points are what you are betting each time you spin the wheel. When you spin the wheel, it reveals whether or not you have won.
Sergeant LaFleur further explained that when you are finished playing, you can keep any of your winnings on the card for the next time you come back or you can go up to the counter and they will then give you cash for whatever your winnings are. He stated that a majority of the businesses have armed security guards inside for protection. He said he found out that a manager from one of the Internet cafes discourages customers from using the Internet because it takes away computers from paying customers wanting to play the games. When he asked several of the business what form of payment do they accept, they are all cash only.
Since the Internet cafes compare their sweepstakes to the McDonald's Monopoly game, Sergeant LaFleur explained how the McDonald's Monopoly game works and explained that the McDonald's game is finite while the Internet Cafe's games are not. He stated that in all of the locations, the majority of the customers are elderly.
Sergeant LaFleur reported that since these nine businesses have opened their doors and engaged in business, the Sheriff's Office has had a 20% increase in calls for service, a 62% increase in reported crimes and 5 armed robberies at these locations.
Commissioner Van Der Weide pointed out that a lot of the comment forms that have been filled out were filled out by people who lived in Zellwood, which is not in Seminole County.
Upon inquiry by Commissioner Horan, Sergeant LaFleur stated the robbery that occurred at one of the Internet cafes has been investigated; but he does not know if an arrest has been made.
Upon further inquiry by Commissioner Horan, Sergeant LaFleur stated there have been two armed robberies to the business itself and three to persons. A discussion ensued concerning where exactly these offenses occurred and whether or not there were security guards at the locations.
Upon inquiry by Commissioner Dallari concerning someone at the State level filing an ordinance in regards to this, Sheriff Eslinger advised that he spoke with Representative Plakon who is prepared to file a bill in the next day or so.
Upon inquiry by Chairman Carey, Sergeant LaFleur stated that games of chance are regulated by the State Department of Agriculture. Upon further inquiry by Chairman Carey regarding whether or not sweepstakes are possibly legal according to the Department of Agriculture, Sergeant LaFleur stated that while there are certain exemptions, these Internet cafes do not fall under any of those exemptions.
Upon inquiry by Chairman Carey, Sergeant LaFleur verified that these businesses accept only cash. Upon further inquiry by Chairman Carey as to whether or not the calls for service were from inside the Internet cafes or from the parking lots, Sergeant LaFleur stated that the calls were when a deputy responded to the address.
Commissioner Van Der Weide advised that the business owners from the Hunt Club Shopping Center voiced concerns to him because their customers were scared. He stated that whether it is inside the premises or in the parking lot, it is the same customers hanging around the area and causing a lot of trouble.
Sergeant LaFleur presented a video (not received and filed) taken from inside the Allied Veterans Internet cafe in Casselberry. The video also displayed some examples of the games that are played on the computers at various Internet cafes throughout the County.
Chairman Carey submitted e-mails (received and filed) that were received by her office. Chairman Carey stated that these were not all citizens of Seminole County, that some were from Tampa, Volusia County and many other places. Many were unidentified locations and many were anonymous.
Sandra Smith, Chief Planner for the City of Casselberry, addressed the Board to advise that the City of Casselberry supports this initiative being proposed by the County Commission and thanked the staff for their proactive and innovative approach in trying to deal with this situation.
Officer Kimberly Zeh, City of Longwood Police Department, addressed the Board to commend the County for bringing the Ordinance forward and advised that the City of Longwood is in full support. She further stated that the City of Longwood plans to bring a similar Ordinance before their City Commission.
Chairman Carey advised that unless a city opts out, they will be included in the Ordinance.
Mark McCarty, Sanford City Commissioner, addressed the Board to commend them for bringing forth the Ordinance. Commissioner McCarty stated that the direct economic impact of the proposed Ordinance on average citizens would be inconsequential except for the possibility of one exemption, problem gamblers. He added that in his district, the downtown area, he believes drugs and gambling are problems and they take away from things that are really needed. He encouraged the Board to move forward and pass this Ordinance.
Patricia Fowler, Florida Council on Compulsive Gambling, addressed the Board to state that her organization is a statewide non-profit organization that provides public awareness and education for problems in compulsive gambling and takes a neutral position on legalized gambling.
Ms. Fowler reviewed a report (received and filed) of data collected from calls that have been received by the gambling help line from people gambling in the Internet cafes. Ms. Fowler stated that the people gambling are using basic needs money in order to gamble.
Attorney Lonnie Groot, City of Oviedo, addressed the Board to introduce Rich Gestrich, City Manager from Oviedo, and Commander Coleman, the acting Police Chief from Oviedo. Mr. Groot stated that last December the City of Oviedo City Council adopted Resolution No. 2282-10 (received and filed) supporting what the Commission is doing today and encouraged the Commission to keep on this mission.
Mr. Groot stated that Oviedo appreciates the work of staff and the work of the Sheriff and his staff. Mr. Groot stated that Oviedo recognizes that under Section 1.4 of the Seminole County Home Rule Charter, the Ordinance, if enacted, will apply within the City of Oviedo unless they opt out and stated that the City of Oviedo has no conflicting Codes or Ordinances.
Thomas Brennan, 2317 Sweetwater County Club Place, addressed to Board to state he lives very near Allied Veterans 67 on Hunt Club. He stated that after observing the services being provided to our veterans at this location, he believes that it is a gambling establishment. Mr. Brennan stated while visiting this particular establishment this morning, out of all of the computers being operated, not a single one was using the Internet. He applauded the Commission's action and believes it will protect the businesses around this location.
Attorney Joshua Webb, representing Lifestyle Family Fitness, addressed the Board to introduce Matt Gough, Chief Financial Officer for Lifestyle Family Fitness and owner of four clubs within Seminole County. Mr. Webb advised that an Internet cafe is located next to the Lifestyle's Apopka club. Mr. Webb gave a brief background of Lifestyle Family Fitness.
Mr. Webb reviewed some of the concerns expressed by members and employees regarding the facility next door such as repeatedly being approached by patrons and asked for money, groups of people congregating in front and loitering and smoking cigarettes, and some patrons carrying weapons through the parking lot of the shopping center. He added that the parking lot and shopping center have become increasingly littered with trash and alcohol beverage containers.
Mr. Webb clarified that he understands that these issues are not representative of all individuals, just examples; but that these are the things that make it difficult for a business owner to continue operating in Seminole County. He stated there has been a decrease in members. Mr. Webb stated that he appreciated the Board taking the time and the County staff's efforts in being proactive on this issue in an effort to restore the good tone of commerce that exists in Seminole County.
Pastor Jessie Phillips, 3841 Waterview Loop, addressed the Board to encourage the Board to adopt this measure because of his concern about Internet cafes. Pastor Phillips stated that virtualizing certain behaviors doesn't change their effects and that, as a pastor, he is very aware of the effects of gambling on an individual, whether it is done on a slot machine or at a computer screen. He stated he believes that the law should view it the same, whether it is virtualized or done in the traditional physical sense; and he wants the Board to close the loophole.
John Stemberger, Florida Family Policy Council, addressed the Board to state his group is one of the leading family-based advocacy groups in the state. Mr. Stemberger explained that his organization has approximately three-quarters of a million supporters around the state with about 5,300 of the identified supporters here in Seminole County. Mr. Stemberger stated they are in favor of this Ordinance and asked the Board to pass it.
Mr. Stemberger listed three primary reasons for adopting this Ordinance. The first is addiction. Habitual addictions often accompany habitual lying which leads to habitual crime to support the habit. The second is bankruptcy. It is clear that gambling generally and predator gambling especially increases debt to an irresponsible level and increases the number of bankruptcies in society. The third is crime which the Sheriff has documented.
Mr. Stemberger stated that the very purpose of law is to distinguish between productive and counter-productive behavior; to distinguish between constructive and destructive behavior; and to distinguish between virtue and vice. He further stated that it is a myth that private behavior has no public consequences. Mr. Stemberger noted that gaming is one of those areas where you don't see an impact directly but that the secondary impact does occur. There is a financial burden upon society and an increase in crime and all the social problems that come from that. Mr. Stemberger thanked the Commission for its leadership and urged that the proposal be passed.
Former Commissioner Pat Warren Wheeler, 225 Lake Drive, addressed the Board to advise that 15 years ago there was a vote against gambling by the citizens of Seminole County that was carried by somewhere in the 70th percentile. Ms. Wheeler stated that after looking at the video from the Sheriff's Department, she believes this is indeed gambling. She reminded the Board of their effort concerning Economic Development which has brought in a median salary which is much higher than in the surrounding counties.
Ms. Wheeler stated that Seminole County schools have a high level of education, superior to a lot of surrounding places, which happens through leadership. She further stated that Seminole County law enforcement is one of the best with less trouble and a quicker reaction to things that happen. Ms. Wheeler appealed to the Commission to continue their fine leadership and prohibit now and in the future, under any other name, any form of gambling.
Deborah Smith, Cyber City Cafe, addressed the Board to state that she is the manager of an Internet cafe in Winter Park. Ms. Smith submitted a letter (received and filed) signed by the business owners in her particular plaza which state how her business has had a positive impact on their businesses.
Ms. Smith clarified that when you get a card, you do not have to sit down at a computer to reveal whether you have won something on your sweepstakes points, that you can actually validate your card at the point of sale and open up all of your sweepstakes entries. She explained that people choose to sit down and open up their entries because it is entertaining to them. Ms. Smith stated that she has helped people learn how to use the Internet and has personally helped at least ten people get a job by getting online and filling out applications.
Attorney Kelly Mathis, Allied Veterans, addressed the Board to clarify that Allied Veterans are three separate corporate entities and request six minutes for each.
Upon inquiry by Commissioner Henley, Mr. Mathis stated that the two locations in Seminole County are affiliates of the National Headquarter under the Charter in Florida in 1979. Chairman Carey advised that would be considered as one organization and that is why she is giving six minutes for one and three minutes for the other two.
Mr. Mathis stated he believes that the Commission, in passing this Ordinance, will prohibit all uses of a computer to reveal sweepstakes entries. In other words, if you go to Home Depot and get a receipt and at the bottom of that receipt it has a sweepstakes and you go online to check that sweepstakes entry, that will be illegal in Seminole County should this ordinance pass. He stated he believes it will be basically an outlaw of all sweepstakes conducted on a computer.
Chairman Carey stated that after getting one of those sweepstakes at the bottom of the receipt, she doesn't go to an Internet cafe to check it but rather goes to her home. She asked Mr. Mathis to explain how that will be a violation. Mr. Mathis explained that the Ordinance will prohibit the use of a computer, a device as it is defined in the Ordinance, to check sweepstakes for commercial gain and that all sweepstakes are for a commercial gain or for a commercial purpose.
Upon inquiry by Commissioner Horan as to whether or not that problem could be easily solved by a well-worded carve out, Mr. Mathis stated that it possibly could but that the problem is many commercial sweepstakes are conducted for commercial purposes to promote the sale of a product or service. He stated that a lot of those are done online on computers.
Upon inquiry by Commissioner Henley, Mr. Mathis agreed that the products that the stores are promoting are not illegal and stated that the products that his client is promoting, Internet cafe services or telephone cards, are not illegal products. Attorney Mathis stated he believes the Commission is focusing on the sweepstakes rather than the product. The product is Internet sales which are absolutely legal. The sweepstakes is a sweepstakes or game promotion specifically sanctioned and allowed under Florida law to operate in the state of Florida and regulated by the Department of Agriculture. Mr. Mathis introduced Miriam Wikinson, the former assistant director of the Division of Consumer Services, Department of Agriculture, and advised that she will be speaking on his client's behalf today.
Upon inquiry by Commissioner Dallari concerning the Home Depot issue, Mr. McMillan explained that Home Depot doesn't have you play a game on a computer that they have available. He further stated that the definition very clearly indicates that we are dealing with simulated gaming devices. If Home Depot had a computer in their store and after they gave you a card, you went over and played a simulated gambling game, that would be illegal; but that is not what they do. There is no video poker game that you play to figure out whether or not you won, no electronic simulated gaming device involved.
Mr. Mathis stated if you go onto the computer and Google sweepstakes and spin, you will find lots of sweepstakes that are allowed, specifically authorized by law and can be conducted throughout the nation except, if this passes, in Seminole County where it will be illegal. He stated he does not believe this is gambling, nor something that is illegal; but is a sweepstake. He stated that Ms. Wilkinson was in charge of sweepstakes for the State of Florida and will be able to answer questions about what a sweepstakes is and what it isn't.
Mr. Mathis stated that the Charter Amendment deals with casino gambling, not sweepstakes. He further stated that there is a great deal of misperception and misunderstanding, not only among individuals and among government officials, but by law enforcement. Mr. Mathis noted that Allied Veterans has tried for over two years to meet with the Seminole County Sheriff's Department to explain what they are and what they are doing.
Mr. Mathis stated there is no case law in the State of Florida, no statute in the State of Florida and no decision by any judge that finds what Allied Veterans and some of these other operators do is illegal. He advised there is a great deal of public support for what Allied Veterans does and submitted a petition, as shown on page _______, signed by many of their customers supporting Allied Veterans and Internet centers. He also submitted letters (received and filed) from customers and supporters of Allied Veterans. At the request of Mr. Mathis, over 40 people opposing the proposed Ordinance raised their hands.
Mr. Mathis advised that Allied Veterans has contributed over $5 million to veterans and veterans’ services in Seminole County. Mr. Mathis stated that other surrounding businesses, with the exception of the gym, believe that his client has a beneficial impact and submitted a letter (received and filed) signed by these surrounding businesses.
Mr. Mathis submitted photographs (received and filed) depicting the surrounding area. He stated he believes Gator’s Dockside has more issues and more problems than Allied Veterans or any of the cyber centers. He stated that he did a public records request and compared the number of incident calls from Gator’s Dockside with the calls from Allied Veterans, and there were over twice as many calls to Gator's Dockside. He stated that there probably was an increase in calls for service to his client's business since the space, before they arrived, was vacant.
Mr. Mathis stated if there are concerns about robberies and detriments to the community, he believes appropriate regulation is the answer and he welcomes the opportunity to work with the Commission on those regulations to make sure that those that operate do it legitimately, keep a nice place and are a benefit to Seminole County.
Upon inquiry by Commissioner Henley regarding being a nonprofit organization and paying no taxes, Mr. Mathis stated that was correct except concerning unrelated business income (UBIT) which is subject to taxation. He further stated that according to the accountants, this is unrelated business income and taxes are paid. Mr. Mathis stated he does not know how much Allied Veterans paid in taxes. Concerning how many full-time employees there are at each location, Mr. Mathis verified with Lee Black, manager of the Apopka Allied Veterans, that there are 11 full-time employees plus contract security guards and vendors.
Commissioner Henley discussed the prize structure and stated there appeared to be $2.3 million in prizes. Regarding how much revenue the organization took in last year, Mr. Mathis stated he does not know the exact number, probably a couple million dollars; but he advised that over the last four years, Allied Veterans has contributed over $5 million to veterans and veteran services statewide. Discussion ensued.
Upon inquiry by Commissioner Dallari, Mr. Mathis stated the numbers being talked about are on an annual basis. Chairman Carey asked if the numbers contained in the information provided to the Commissioners were for sweepstakes statewide annually. Mr. Mathis stated the prize pool was local, that each location gives out that number of prizes.
Upon inquiry by Chairman Carey that each location pays out a total of $2.3 million annually in prizes, Mr. Mathis stated he did not come up with that figure. Commissioner Henley stated he came up with that figure by quickly adding up figures provided by Mr. Mathis. Mr. Mathis advised that his understanding is that 60% to 70% of the total revenue gets paid out in prizes with another 20% or more of overhead and other expenses and then donations.
Lee Black, 608 Ashville Court, addressed the Board to state that he is the manager of the Apopka and Orange City locations. Upon inquiry by Commissioner Horan, Mr. Lee estimated that the Apopka location's take is $100,000 per week.
Mr. McMillan explained that for purposes of this Ordinance, a lot of points being made are really irrelevant. He advised that the premise of the Ordinance is that what they are doing is not a violation of State law, that they can operate their Internet cafe and run their sweepstakes. He stated what they can't do is set up simulated gaming devices for the means of revealing the winners of the game.
Mr. McMillan explained that if it does or does not comply with State law is irrelevant to what the Board is considering today. Whether it is gambling under State law is irrelevant to what the Board is considering today. Whether or not the Department of Agriculture considers it a legitimate sweepstakes isn't relevant to what the Board is considering today. Mr. McMillan stated that what the Board is considering today is whether they are going to ban the use of what a simulated electronic gambling device is in Seminole County.
Upon inquiry by Commissioner Dallari if the issue was the simulated gambling reveal, Mr. McMillan stated it is the use of the machines. Mr. McMillan explained that if they get their sweepstakes card and turn it in at the counter and say tell me what I won, that is not affected by the Ordinance. The only thing that is affected by the Ordinance is the use of the machines and basically creating the casino atmosphere and having people think they are playing casino games.
Mr. McMillan stated that, as a model, ordinances and statutes were used that ban counterfeit marijuana or other things that are illegal. The premise of the Ordinance is that it has the same negative effect as if it were real; therefore it is being banned.
Mr. Mathis stated that, according to what he heard Mr. McMillan say, he understands that the Board wants to take something allowed under Florida law and prohibit it only in Seminole County, even though it is lawful all throughout the rest of the state and all throughout the rest of the County. He further stated that Allied Veterans can choose to reveal by means of a person telling them that they have won a prize, by the use of a grid sheet or using a string and can but telling them on a computer through graphic simulation is wrong. He stated he would oppose this Ordinance.
Jerry Bass, Allied Veterans National, addressed the Board to give a brief history of his organization. Mr. Bass stated that Allied Veterans gives many thousands of dollars to the V.A. units in the state of Florida. He reviewed some of these contributions.
Mr. Bass stated that Allied Veterans does raise a lot of money, $100,000 a week, but explained that of the money that they raise, 65% goes back to the clientele from the sweepstakes and approximately 18% goes towards the operations of the facility and back into the community. He stated there are cold drinks, ice, hot dogs, cookies and crackers that are free to the customers. He discussed the operation of the building and stated that if each facility rents for $10,000 a month, $90,000 will be going out of the economy here. He stated there is also payroll.
Upon inquiry by Chairman Carey as to what Allied Veterans did before the Internet cafes to raise funds, Mr. Bass stated they had car washes, bingo and bake sales. Mr. Bass explained that when Allied Veterans first began the Internet cafes, they did not want to do anything that would embarrass any veteran or embarrass the organization so they went out and found an attorney. He stated they saw Internet cafes as a good way to raise money for the veterans' health care program which was in bad shape in the state of Florida at the time. Mr. Bass listed things his organization did to make sure this was legal including sitting down with the Department of Agriculture.
Upon inquiry by Commissioner Horan, Mr. Bass stated that he has not been to other Internet cafes and does not know how they operate. Commissioner Horan stated that he sees a problem since there is no regulation of this activity at all.
Mr. Bass described what has happened in Jacksonville and a certification that the system is finite that is used there. Commissioner Horan advised that the certification is not from any governmental agency.
Attorney Miriam Wilkinson, Allied Veterans, addressed the Board to state that these electronic sweepstakes first were seen by the Department in 2006 when she was the program attorney for sweepstakes and game promotion for the State of Florida. She stated that she was subsequently promoted to the assistant director position where she made policy along with Commissioner Bronson and the deputies. Ms. Wilkinson described when these came in, they were vetted through the General Counsel Office, the Deputy Commissioner and through Commission Bronson himself.
Ms. Wilkinson stated she believes that these are lawful and not simulated gambling since gambling requires consideration. She explained there is no purchase necessary, that the Department had determined there is no purchase necessary. All of these entries are free. Ms. Wilkinson further explained that you are buying a consumer product or service, which is a requirement of the law, and that this is a contest or a gift enterprise or game conducted in conjunction with the sale of a consumer product or service in which the elements of chance and prize are present.
Ms. Wilkinson stated that chance and prize are two elements of gambling and also elements of a sweepstakes but that what is missing is consideration. You don't pay in the state of Florida to enter into a sweepstakes. It has to be free. She explained that what you are purchasing is the product and then you are given an opportunity to enter into a sweepstakes. She further stated that there is nothing in Statute 849.094 that mandates how the game promotion has to look or what it can't look like or how it is structured. Ms. Wilkinson advised that the Department in the past four years has supported more stringent regulation of sweepstakes because the statute is fairly broad; and therefore, the regulation at the state level is fairly minimal.
Upon inquiry by Commissioner Horan if she, based on her experience and from a jurisdictional point of view, would acknowledge that there is nothing in the law that would prohibit the Board from passing this Ordinance and eliminating this activity, Ms. Wilkinson stated that was correct. Upon further inquiry by Commissioner Horan if she would acknowledge that since the State has not issued any regulations, there is nothing in the law that would prohibit the Board from regulating this activity or from placing a moratorium on it or something of that nature, Ms. Wilkinson stated that was correct.
Robert Williams, 390 Tulane Drive, addressed the Board to state that he is a 100% service-connected disabled veteran and is not too happy with his government; Federal, State and possibly local now. He said that he frequents these places now since he is not able to go out and play video poker anymore. Mr. Williams stated that the picture of the video poker machine, shown by the officer, is not gambling because it is strictly chance. He added that video poker machines, legal ones, are 100% skill.
Mr. Williams stated if the Board takes this entertainment, which is not gambling, from the low and middle-class people, then they are forcing them to go down to the Hard Rock Casino and play gambling games.
Officer Shelina Dottery, 1263 Pin Oak Drive, addressed the Board to state that she is a Federal Correctional Officer. Officer Dottery stated that she wanted to see what this place was about and that her parents go there for entertainment. When she went, she gave them her driver's license and they gave her a card. She stated she did not have to give them any money. She revealed and got a dollar immediately and was able to go online to Facebook. She said she got her Master's from the University of Phoenix there and doesn't understand what Seminole County is trying to say about this place.
Officer Dottery stated that most of the people there are fun to be around, that they are retired and don't have anything else to do. When she gets off work from Coleman, she goes there and finds it stimulating and fun. She advised if the Board decides to close these places, they will be taking them from the people that put them in office.
Chairman Carey clarified that the Ordinance before the Board is not about closing Internet cafes but is about not allowing the simulated activity of the spinning wheels and those types of things. Chairman Carey advised that people will still be able to go and get a coupon and get a reveal as to whether a sweepstakes has been won.
Madeline Koehler, 8602 Amber Oak Court, addressed the Board to state that she enjoys going to the Internet cafes to see all of her friends. She said it is a nice place and is fun. Chairman Carey explained that the Ordinance does not close the Internet cafes but rather simply prohibits them from using simulated gambling devices. Ms. Koehler stated she has seen people at the Internet cafes playing games on the Internet, but she has a computer at home where she can work on the computer by herself. While at the Internet cafes, she can log in, check her e-mails, play the machines, play the games and have a couple of hours of good times.
Chairman Carey recessed the meeting at 3:35 p.m. and reconvened it at 3:45 p.m.
Richard Zuccaro, 6404 Matchett Road, addressed the Board to state he and his wife drive 34 miles to this facility; and in the past year, they have only missed attending 12 days. He said it is a social gathering and an entertainment. Mr. Zuccaro explained how he was introduced to the facility. He stated if the Board takes away these machines; it would be like taking away Monopoly money out of Monopoly. He stated it is a place to meet great people.
Patricia Schepp, 1302 Laura Street, addressed the Board to state she enjoys going to the Internet cafes and tries to go every day. She stated that the people that say that Gamblers Anonymous is getting a lot of calls are people that are spoiling it for them. Ms. Schepp stated when she goes, she has a limit of $20 to $25; and when she spends it, it is gone. She said that sometimes she can play three hours on that $25.
Ms. Schepp stated she accepted a donation at Allied Veterans for the Casselberry Veterans, Incorporated, for $1,000 for a Christmas fund for the needy families of Casselberry. She stated she very much hopes the Board does not do away with these places.
Betty Mignone, 311 Casa Grande Court, addressed the Board to state she would like the Board to try and keep these places open so she can go and play. She said that she goes there a couple times a week, puts in her $25 and a majority of time leaves with her $25. She and her husband enjoy going together and have made a lot of friends. She discussed people calling in about going bankrupt and losing their money, but stated she believes a lot of these people are losing their home and their money because of the State lottery and the dog track.
John Vega, 551 Little River Loop, addressed the Board to state he is a manager for two of the Internet cafes. He discussed some of his job history. Mr. Vega stated after being hired by the Internet cafe, he has gotten to meet all of the people that come on a weekly basis or a daily basis. He said they do have their limits on how much they want to play that day.
Mr. Vega stated he is very happy that he is working and makes sure the customers have a really good time because they are like friends coming together at these places. Regarding the impact, Mr. Vega advised that the surrounding businesses and the shopping center owner are happy the cafe is there.
Upon inquiry by Chairman Carey if it is a viable business as an Internet cafe where people can come and access the Internet, Mr. Vega responded yes; that is what they do. He stated a lot of the customers get on the Internet just to do their resumes or send out job applications. He further stated that he is not an expert in the industry but believes part of the business is for them to be able to entertain themselves with the computers.
Betty Best's name was announced and it was determined that she was not in attendance.
Alan Sylvester's name was announced and it was determined that he was not in attendance.
Darrell Agostino, 921 W. Timberland Drive, addressed the Board to state he is the owner of two locations, one in Casselberry and one in Sanford. He stated that his is a social thing more than anything.
Michael Hester, 225 W. Seminole Boulevard, addressed the Board to state when he lost his job and had nowhere to turn, Allied Veterans provided him with Internet service which enabled him to find a job and support his family. He discussed the State of Florida's advertisements for the Florida lottery. He stated that Allied Veterans has donated millions of dollars to charities. Mr. Hester stated if the Board decides to shut the Internet centers down, they will be destroying over 100 families’ financial futures. Robbery has been rampant throughout the state of Florida due to the economy and is not segregated out to the Internet cafes.
Chairman Carey advised that there is always Internet access at the libraries with no charge.
Rita Paley, 4019 Green Bluff Road, addressed the Board to discuss a golf tournament, which was dedicated to physically-challenged and wounded veterans, that she secured sponsors for. She listed the various donations that Allied Veterans made to the tournament. She stated that with the present economy, it is a blessing to have organizations like the Allied Veterans of the World who can step up and help the veterans to receive the care, the help and rehabilitation programs they desperately need and deserve. Ms. Paley stated that if the Board supports veterans, they must support the Allied Veterans of the World.
Janet Gischler, 711 South Myrtle Avenue, addressed the Board to state she goes to Allied Veterans for entertainment, for playing the games. Ms. Gischler stated without the games, there is no reason to go as far as she is concerned, that that is the fun of it. She stated it is strictly entertainment and took the place of bingo.
Tamie Hillard's name was announced and it was determined that she was not in attendance.
Patricia Rubino, 9 Paddock Court, addressed the Board to state that these Internet cafes provide a clean, smoke-free, alcohol-free environment where adults can safely socialize and interact in a fun and entertaining way. She discussed the idea that because a location has been robbed, it must bring crime to the community. She stated by that logic, there would be no banks, gas stations or bars. Most cafes employ 24-hour armed security making them safer.
Ms. Rubino stated she can smoke an electronic cigarette now even though there is no smoking in here because it simulates but is not the actual act of doing it. There are coin machines at Walmart that simulate driving. Should they be outlawed because children are not allowed to drive?
Ms. Rubino stated that these businesses not only create jobs but taxes as well and have brought in millions of dollars to the community which probably would not have been raised through bingo or car washes.
Ms. Rubino stated that the Board now proposes to take away the liberties they hold as responsible citizens of America to choose how they live and entertain themselves. She discussed the study done by the Florida Council on Compulsive Gambling stating she believes it is biased and unfounded. Ms. Rubino stated the only threat she perceives to the citizens of Seminole County is the very real threat of the government taking away their freedom to make responsible choices in their lives and entertainment.
Frank Lowry, 3995 Parway Road, addressed the Board to state he is a veteran and thinks what Allied Veterans does for other veterans is unbelievable. He discussed the way the money donated by Allied Veterans has been used.
Kaley Jackson, 116 Rockhill Drive, addressed the Board to explain that after she receives her sweepstakes card, whether she turns in the card and gets $5, $10 or $100 or she decided to pass an hour of her time to play a game, the amount that she will win on her sweepstakes is not altered. She stated it is about the entertainment.
Darrell Agostino continued his prior remarks to state that his business was a legal business when he opened. He discussed the thousands of dollars invested and what will happen if it is made illegal. Mr. Agostino stated if you stop the part where people play the computer to reveal their winnings, people aren't going to come. He explained that people come in to hang out to enjoy themselves. He discussed the one time that he called the police to come to his location.
Mr. Agostino stated that he believes this is all about personal choice, what people want to do. He invited the Commissioners to come down to his store to see that they are nice places and fun to be at.
Upon inquiry by Commissioner Horan, Mr. Agostino gave the locations of his stores. He stated his were small locations with approximately 40 to 50 machines, computers, that can be used.
Upon further inquiry by Commissioner Horan regarding security, Mr. Agostino stated that he carries a gun when he works there and he has a couple of guys that do that.
Upon inquiry by Chairman Carey, Mr. Agostino gave a brief description of his business.
No one else spoke in support or in opposition.
Speaker Request Forms and Written Comment Forms were received and filed.
E-mails and lists of telephone calls in support and in opposition to the request were received and filed.
Upon inquiry by Chairman Carey, Mr. McMillan gave a history of the Charter Amendment that was passed by the voters in November of 1996 to shield the County from any authorized form of previously illegal gambling that the State might authorize and make legal within the State. He stated that a Charter Amendment was crafted which basically said that any City or County official, elected or appointed, was without authority to take any action that would permit any type of gambling within the County that had previously been unauthorized and that the people reserved onto themselves the power to make such approval and no approvals could be granted without referendum.
Mr. McMillan advised that by virtue of the Home Rule Charter, the Board does not have the authority to authorize it and it would have to go to referendum. He stated that even though it is legal statewide, it can't be authorized in Seminole County without a referendum.
Commissioner Henley stated that he does not want anyone to think that this Board does not recognize the good that Allied Veterans does. He stated that since they were chartered in 1979, they have done a lot of good. He stated that this issue is not about Allied Veterans or Internet cafes but is about what takes place in there that many feel is outside of the authority granted by the Charter.
Commissioner Henley stated that while some good has come as a result of the revenue being generated through this activity, according to the Florida Council of Compulsive Gambling, there have been an awful lot of people hurt as a result of that in order to help somebody else. That doesn't mean that everybody that gambles has a problem, but there seems to be a sizeable number of people that are subjected to that and can't seem to control it.
Commissioner Henley stated that he thinks the Board is charged with a responsibility; and when they took an oath of office, it was to uphold the Constitution of the State of Florida, the United States and their Charter. He stated he thinks this is something they cannot ignore outside of a referendum.
Commissioner Dallari agreed that the issue is not the Internet cafes or the fellowship that is taking place. He advised that the issue is the actual act of getting these numbers and going to a simulated gambling machine to actually reveal it. Commissioner Dallari stated that the issue is that there is a Charter Amendment that prohibits gambling, that the citizens of Seminole County spoke in the 1990's about gambling.
Commissioner Dallari stated he wishes the State had done something concerning this last year. He advised that he has heard from Representative Plakon that he plans on bringing forth some legislation to address this issue. Commissioner Dallari stated that as technology changes there are ways to skirt certain rules and regulations. The question here is about the reveal, not the entertainment factor.
Commissioner Van Der Weide stated that this is not about Allied Veterans. He stated he is a veteran and works with a lot of veterans' issues. Commissioner Van Der Weide explained that this is based on the use of these machines. He emphasized what they are doing here is perfectly legal and he will be supporting the Ordinance.
Commissioner Horan thanked all who spoke for educating him on this very interesting and important issue. He stated that the Board is sitting here in a legislative capacity which means, as Ms. Wilkinson acknowledged, there is nothing that prohibits them from eliminating or regulating this activity or passing a moratorium on this activity. Commissioner Horan stated he too wished the Florida Legislature had acted with regard to this particular issue.
Commissioner Horan stated that while he was not on the Commission at the time, he does know what the people of this County have said with regard to gambling; and that is that there is a strong public policy sentiment against gambling in this particular county. Commissioner Horan explained why he does not believe this activity can be regulated and why he does not believe putting a moratorium on the activities, as they exist right now, is a solution. He stated he believes the option that is available to the Board is to pass this Ordinance which does not stop people from gathering and exercising their rights to assemble and socialize but regulates these particular types of machines or computers that simulate the gambling type of atmosphere.
Chairman Carey stated that she believes the people of the County spoke many years ago and believes if it looks and feels like gambling, it probably is gambling. Chairman Carey did question the time of effect. She stated her biggest concern is that there are some businesses which are established and have landlords and commitments and she wonders what kind of impact that will have. She asked for discussion concerning the time and effect of when this Ordinance might take place because of the economic ripples.
Upon inquiry by Commissioner Van Der Weide, Chairman Carey advised she was supporting the Ordinance. Chairman Carey discussed putting a moratorium on the activity for a short period of time. She discussed the possible negative impacts that can occur in winding down some of these businesses in one fell swoop.
Mr. McMillan explained that the Ordinance would take effect when notification comes back from the Secretary of State that it has been filed which normally takes two or three weeks but that the Board could pick an effective date. Chairman Carey explained that the penalty in this Ordinance is a code violation. At $300 a day, these businesses could continue on and pay the $300 a day per machine and go through the code violation process because that is the remedy.
Mr. McMillan advised that was one remedy and that it would depend on the violation. He stated you can cite them as a code violation or issue a code citation, or enforce it through the State Attorney's Office and the Sheriff's Office as a second degree misdemeanor. You can bring a civil action for injunction to shut them down. He explained that there is a whole litany of possible enforcement tools. Obviously, it bans the possession and use of these types of machines; so who is violating and under what circumstances would affect the choice of the remedy.
Chairman Carey stated that she believes the help of the State Legislation is needed and wondered if somehow there could be a moratorium for the immediate issue to keep others from coming in and then have this Ordinance take effect after the Board gives the State an opportunity to take some action. She stated she was concerned about putting people out of business.
Upon inquiry by Commissioner Carey, Sheriff Eslinger advised that he does not have a preference but wondered if, by allowing a particular date in the future to be enforced, the Board is not violating its own Charter.
Commissioner Van Der Weide stated he believes the Board would be. He stated the Legislature has been aware of this issue for two or three years, and he discussed his conversations with some of the legislators who keep saying they are working on it. He stated he believes the Board needs to look out for Seminole County residents who have clearly spoken a few years ago.
Commissioner Henley reminded the Board that they eliminated 240 people at the last budget session and that it is not new from the standpoint of the Board having to take action that does affect people's employment. He stated he feels the Board has an obligation to uphold the Charter and that he would not support 120 days or anything of that nature. It will take time for the Ordinance to get through the process. Commissioner Henley stated that according to testimony that has been heard here today, these organizations have been taking in a pretty good amount of money so they are not destitute at this particular time. He feels they should move forward with this Ordinance.
Commissioner Horan agreed with Commissioner Henley with regard to the economic effect, that there is testimony here that obviously these businesses are quite financially successful. Commissioner Horan discussed why he doesn't want to go with a moratorium but stated that he wouldn't have any problem with an effective date delayed 30 to 45 days from the date of filing to give these businesses an opportunity to talk to their landlords and explain the situation. He further advised that the Board is not closing down the businesses, but regulating the activity.
Commissioner Dallari stated the Board is not closing down businesses, that the issue is actually defining what this simulated gambling object is. He advised that is what the Board is trying to regulate or prohibit and that the issue is not trying to shut down the actual businesses. Commissioner Dallari stated he believes there should be an effective date and believes it needs to be where the businesses can actually have enough time to wind down what they are doing.
Motion by Commissioner Henley, seconded by Commissioner Horan to adopt Ordinance 2011-1, as shown on page ________, prohibiting simulated gambling devices to be effective February 1, 2011.
Chairman Carey clarified that the Board is voting on Revised Draft Number 6 (received and filed).
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey recessed the meeting at 4:48 p.m., reconvening at 4:52 p.m.
MORATORIUM ON PAIN MANAGEMENT CLINICS
Proof of publication, as shown on page ________, calling for a public hearing to consider imposing a moratorium on Pain Management Clinics, received and filed.
Mr. McMillan reminded the Board that they passed a temporary emergency moratorium on pain clinics at the last meeting. He explained that this Ordinance, which has been taken through the regular adoption process, is the same Ordinance and will replace the Emergency Ordinance. He advised that this regularly-enacted moratorium will go until October 1 and that there is nothing new from the one that was passed in December.
Sandra Smith, Chief Planner for the City of Casselberry, stated she supports this moratorium. She advised that the City of Casselberry has recently adopted their moratorium on pain management clinics and looks forward to working with the County's staff along with other jurisdictions to try and provide some kind of regulation, if determined necessary, which is uniform throughout the County.
Attorney Lonnie Groot, City of Oviedo, introduced the City Manager, Rich Gestrich, and the Acting Police Chief, Commander Coleman. Mr. Groot stated that the City of Oviedo supports this moratorium. He advised that the City of Oviedo enacted Ordinance 1505 last night which imposes a similarly-worded moratorium. Mr. Groot stated that it seems like local governments of the state have to come in and fill the void when the Legislature is either not acting or things just aren't quite working out in Tallahassee.
Chairman Carey advised that she believes one thing the cities need to do, as well as what they are doing, is lobby the Legislature to take action because it really is the Legislature’s responsibility to regulate these pain management clinics. She hopes that all seven cities are working with the Sheriff to get something uniform across the County.
Sheriff Eslinger asked the Commission to support this since it is a horrific problem which adversely impacts the quality of life and the safety and well-being of everyone in Seminole County. He advised that prescription medication is the leading cause of overdose death, not only in Seminole County but throughout the state.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed
Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance 2011-2, as shown on page ________, imposing a Moratorium on Pain Management Clinics.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated she had a request for the Board to approve authorizing two letters of support; neither of which would commit funding from the County. She explained that one of them was for a grant application to the National Center of Senior Transportation and is simply asking the County to write a letter of support to the National Center of Senior Transportation and the National Association Area's Agency on Aging. Chairman Carey explained that the second request was from the Grove Counseling Center and the Dream Center who are applying for a $70,000 United Way grant entitled Developing Healthy Children and Families which would support families of the Goldsboro area and other communities in Sanford.
Chairman Carey requested permission to write a letter on behalf of the County Commission to support those two items. No objections were voiced.
Chairman Carey advised that the 2011 Boards & Committees Liaison Assignments list (received and filed) that she was distributing contained some minor changes. She advised that she has appointed Commissioner Dallari to CALNO since Commissioner Van Der Weide had a conflict. Chairman Carey advised that she has appointed Commissioner Horan to the RPA Board for a four-year term. She advised that the list contains new Board appointments; and while most of them are at the Chairman's discretion, some of them do require Board appointments.
Commissioner Dallari requested an alternate to CALNO be appointed. Chairman Carey appointed Commissioner Henley.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve the 2011 Boards & Committees Liaison Assignments list as submitted with the changes discussed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey advised that she had been contacted by Larry Dale after the passing of Wes Pennington, who was the County's appointed representative on the Sanford Aviation Noise Abatement Committee at the Sanford Airport, to ask the Board to bring forth a candidate to replace Mr. Pennington. She stated that Rocky Harrelson has indicated a willingness to serve on that committee.
Motion by Commissioner Van Der Weide, second by Commissioner Horan, to approve the appointment of Rocky Harrelson as recommended by Chairman Carey.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated that she had been notified that Brian Suto will not be able to serve on the MPO Citizens Advisory Committee and recommended appointing Regina Bereswill to fulfill the remaining year of the four-year term that had been vacated by Karen Almond with the term ending January 2012.
Motion by Commissioner Dallari, second by Commissioner Van Der Weide, to approve the appointment of Regina Bereswill as recommended by Chairman Carey.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey requested approval of Resolutions of Appreciation for Bill Fahey, Elizabeth Dorworth and Karen Almond.
Motion by Commissioner Dallari, second by Commissioner Van Der Weide, to adopt appropriate Resolution #2011-R-5, as shown on page ________, commending Bill Fahey for his service on the MPO Citizens Advisory Committee; appropriate Resolution #2011-R-6, as shown on page _______, commending Elizabeth Dorworth for her service on the MPO Citizens Advisory Committee; and appropriate Resolution #2011-R-7, as shown on page _______, commending Karen Almond for her service on the MPO Citizens Advisory Committee as recommended by Chairman Carey.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Chairman Carey regarding an update concerning orientation for all of the Boards, Mr. Forte stated that some of his staff members are working with members of the County Attorney's Office to develop an orientation pamphlet.
Mr. McMillan stated that as far as he knows Mr. Forte's staff is working with his staff, but his staff has not mentioned anything to him.
Mr. Forte clarified that the packet is probably not with the attorneys yet, that his staff is assembling the packets before contacting the staff in the County Attorney's Office.
Mr. McMillan stated that he was aware that Assistant County Attorney Ann Colby for years has been working on several with the Animal Control Board and others. He stated that he thinks that Assistant County Attorney Donna Wysong has been talking with Director Nicolle Guillet about the Planning and Development Department. He stated that he has not been advised that other departments have contacted attorneys in the office.
Chairman Carey stated that she would like this to happen sooner rather than later because it is important, particularly with the new Ordinance taking effect on February 1. She advised that will be something that will go before the Code Board and needs to be included as part of the orientation.
Chairman Carey discussed two of the Executive Orders imposed by Governor Scott. The first Order will require the State agency and all contractors who do business with the State or are funded by the State to use the E-Verify system to make sure that the County does not have illegal immigrants working in positions that are State funded. Chairman Carey stated that the County gets funding from the Department of Transportation and other State Departments.
Chairman Carey advised that, if no one objects, she would like to work with the County Manager to develop some type of certificate to use through the Purchasing Department to use the E-Verify system to make sure all of their employees and contractors and their employees are not illegal immigrants. A discussion ensued.
Commissioner Van Der Weide stated that he would personally like to see the item come back to the Board so they could look at it because things can get complicated quickly.
Regarding the scheduling of the Budget dates, Chairman Carey advised that Commissioner Dallari has a conflict on February 15 and will be representing the County at the National Conference of Regional Planning Councils in Washington. She stated that she has asked the Commissioners' staff to look at either February 1 or February 28.
Chairman Carey stated that historically the Board only meets one time during the month of July; and if there is no opposition, she suggested the meeting be on July 26.
Motion by Commissioner Dallari, second by Commissioner Horan, to approve scheduling one meeting for July which will be July 26, 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated December 1, 2010, from Melanie Alexander, Department of Community Affairs to the Honorable Brenda Carey, Chairman, re: CDBG Disaster Recovery Contract #10DB-K4-06-69-01-K33/Notice of Pending On-Site Monitoring Visit.
2. Letter dated December 9, 2010, from Deborah Kioukis, 2637 Tweed Run, Sanford to the Honorable Brenda Carey, Chairman, re: Excessive Seminole County Water Charges.
3. Letter dated December 10, 2010, from Diane Pickett Culpepper, Bright House Networks, to Chairman Carey re: New service for Brighthouse customers.
4. Letter dated December 10, 2010, from Mike McDaniel, Department of Community Affairs, re: completion of review of the Comprehensive Plan Amendments.
5. Letter dated December 14, 2010, from Yvonne Paguada, PE, CPH Engineers, re: neighborhood meeting to discuss proposed redevelopment of the existing Sun Trust Bank located at 200 West 1st Street, Sanford.
6. Letters dated December 15, 2010 from Chairman Brenda Carey to: Sharon Sears, Tourism Development Council; Edward Johnson, Lynx; Harry Barley, MPO; Jacob Stuart, MyRegion.org; Tracy Turk, MetroEDC; Meloney Lung, Risk Management re: New Board Liaison Appointments for 2011.
7. Notice dated December 15, 2010 from Cynthia Porter, City of Sanford, re: Annexation request.
8. Letter dated December 20, 2010 from Patrick Grady, President, The Springs Community Association, to the Seminole County Board of County Commissioners re: Application by Saxon-Clark for Amendment to the Springs PUD and Rezoning.
9. Letter dated December 27, 2010 from Dr. Clyde Climer, MD, PA, to the Seminole County Board of County Commissioners re: concern for obstetric care in Seminole County.
10. Letter (and enclosure) dated December 28, 2010 from Walter Horlander to Chairman Brenda Carey re: intersection of 17/92 and 436
11. Letter dated December 29, 2010 from Diane Pickett Culpepper, Bright House Networks, to Chairman Carey re: upcoming programming changes for Bright House Networks customers
12. Letter dated January 3, 2010, from Victoria Kroger, St. Johns River Water Management District, to the Seminole County Board of County Commissioners re: St. Johns River Water Management District Advanced Notification of FY 2011-2012 Budget Hearings.
DISTRICT COMMISSIONERS’ REPORTS
Chairman Carey recommended appointing Stephanie Youngers to the Historical Commission for a two-year term ending January 2013 and adopting a Resolution of Appreciation for John Bistline for his service on that Commission.
Motion by Commissioner Van Der Weide, second by Commissioner Horan, to approve the appointment of Stephanie Youngers as recommended by Chairman Carey and adopt appropriate Resolution #2011-R-8, as shown on page ________, commending John Bistline for his service on the Historical Commission.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Horan advised that they had gotten a notice from the Federal government regarding the Photovoltaic Project and that they had been short-listed. He stated that there will be site visits during the month of January. Commissioner Horan stated he had discussed with the Chairman and several members of staff the need for continued vigilance and coordination with UCF since it is a changing landscape.
Chairman Carey stated that Alcalde & Fay has been monitoring what is going on and keeping the County abreast of that as well.
Commissioner Horan noted that he had passed some information on to the County Attorney and County Manager concerning a recent case that came out with regard to Performance and Surety Bonds. He stated that he believes the issue probably deserves some kind of a look at their own ordinances to make sure they don't slip on the same banana peel that Brooksville slipped on. He requested that be followed up.
Commissioner Horan advised that the Scottish Highland Games were coming up on the 15th and 16th. He advised that the City of Oviedo will have its Martin Luther King ceremonies coming up.
COUNTY MANAGER’S REPORT
Mr. Forte stated that in following up from this morning's question from Commissioner Henley in regards to the County's response to the NNC, the question that came from Alcalde & Fay, the response is due to DEP on the 22nd.
Chairman Carey advised that the County did respond to their initial request and they came back for additional information and that is being prepared now to go out to them.
Mr. Forte stated that their report will be done by this Friday. He stated he will make sure that the Board gets a copy of their responses as well as the lobbyist's and then they will send it up to the DEP and represent the County.
COUNTY ATTORNEY’S REPORT
Regarding the previously-raised issue concerning training, Mr. McMillan advised that he has asked Assistant County Attorney Donna Wysong to take the lead since that is something that she did for the Flagler County Attorney's Office. He indicated that Mr. Forte and staff should be talking to Ms. Wysong for help in developing those programs.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:14 p.m., this same date.