BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 9, 2012
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, October 9, 2012, 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) (late)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Commissioner Dick Van Der Weide (District 3)
Father Richard Voor, All Souls Catholic Church, gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt Proclamation, as shown on page ______, proclaiming the month of October 2012 as “Pink October Breast Cancer Awareness Month.”
Districts 1, 2 and 5 voted AYE.
The Proclamation was presented to Craig Bair and Dr. Asad Sheikh from South Seminole Hospital, who expressed their appreciation.
Chairman Carey recessed the meeting of the Board of County Commissioners at 9:37 a.m. and convened as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. HIGHWAY 17-92
COMMUNITY REDEVELOPMENT AGENCY
David Buchheit, CRA Program Manager, addressed the Board to present a request to adopt a resolution establishing the Annual FY 2012-2013 Budget of the U.S. Highway 17-92 Community Redevelopment Agency. Staff recommends approval.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the Chairman to adopt appropriate Resolution #2012-R-181, as shown on page ______, establishing the Annual FY 2012-2013 Budget of the U.S. Highway 17-92 Community Redevelopment Agency, totaling $10,048,753.
Districts 1, 2 and 5 voted AYE.
Mr. Buchheit presented an Appeal Request for the Redevelopment and Construction Grant Agreement between the U.S. 17-92 CRA and DeGusipe Holdings, LLC for DeGusipe Funeral Home and Crematory, 905 Laurel Avenue, Sanford, in the amount of $22,533.49. Staff recommends approval.
Chairman Carey requested that Mr. Buchheit explain for the record what occurred in this circumstance because it is not typically done after the fact. Mr. Buchheit stated that the applicant requested, from the prior CRA Manager, a grant application, and the prior manager informed the applicant on several occasions, including in public meetings, that the site was not inside the Community Redevelopment Agency. After the applicant finished the entire renovation of the site, he hired a sign company and they suggested a CRA grant. When the applicant said his site was not located within the CRA, the sign company representative showed him a map of the CRA which proved that he was in fact within the CRA.
Commissioner Henley entered the meeting at this time.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to approve the Appeal Request and authorize the Chairman to execute the Redevelopment and Construction Grant Agreement, as shown on page ______, between the U.S. Highway 17-92 CRA and DeGusipe Holdings, LLC in the amount of $22,533.49; and authorize execution of an appropriate Resolution #2012-R-182, as shown on page ______, implementing Budget Amendment Request (BAR) #13-009 in the amount of $22,534, consistent with said Agreement.
Districts 1, 2, 4 and 5 voted AYE.
Mr. Buchheit presented a request to approve the Redevelopment and Construction Grant Agreement between the CRA and Central Florida KFC, Inc. d/b/a Taco Bell, 2700 S. Orlando Drive, Sanford. The project’s total eligible cost is $750,522, which includes a complete teardown of the existing Taco Bell building, a brand new Taco Bell building and complete site redevelopment. The total requested grant amount was $189,104.40 and the staff recommended grant amount was $98,568. At the Redevelopment Planning Agency (RPA) meeting, the RPA recommended approval of the grant in an amount of $145,500. Staff is looking for a recommendation for the grant amount and approval of said grant.
Commissioner Horan stated the situation is unique in that the Technical Advisory Committee recommended the amount of $189,104.40 since it was an entire rebuild as opposed to a renovation. The staff recommendation was for the lesser amount and related primarily to the landscape improvements. A motion was made by a representative from the City of Casselberry to approve the lower amount of $98,000. That motion failed for lack of a second. For unanimity purposes, the applicant was asked what percentage of the renovation is for the cost of a new building. That percentage was applied to the percentage of the $750,000 to add that to the number including the landscaping which came to $145,500. Since they had the discretion to do that in the RPA, and in the CRA, they came to the $145,500 figure.
Commissioner Henley questioned whether the old building is being torn down and replaced in order to meet the corporation’s new standards. Mr. Buchheit stated according to the applicant, it is not being torn down to meet the corporation’s new standards, but to upgrade the building and to allow better flow through the building because they have issues with traffic flow in and out for drive-through customers, and because they are tearing it down, they have to utilize the corporate standard whenever they build a new building.
Chairman Carey stated the building is 52 years old, and sometimes it makes more sense to drop a building than to try to keep renovating it because of air quality issues, etc., and construction patterns are different so she can understand why they would rebuild rather than to try to renovate it again.
Commissioner Horan stated, for the record, this is a franchisee and the franchisee owns a number of different outlets throughout Florida and in Seminole County. They were encouraging the developer to develop more units in the County. The recommendation that was made primarily was to reconcile the interest on the RPA that was expressed by the City of Sanford and the City of Casselberry.
Upon Commissioner Dallari’s inquiry as to how staff came up with the $98,568 figure, Mr. Buchheit stated they gave value to the exterior renovations and the site renovations and they did not give value for the brand new building. The recommendation was just on the signage, the change in the site layout (ingress/egress), landscaping, and exterior improvements. Upon further inquiry, Mr. Buchheit explained that the difference between this grant and a future grant is that a redevelopment grant allows credit for the entire construction cost of a new building when a vacant building is being torn down for entire site redevelopment.
Commissioner Horan explained why they reduced the grant from $189,000 to $145,000.
Commissioner Henley stated that most grants are based upon the exterior work and not the interior.
Motion by Commissioner Horan, seconded by Commissioner Henley, to approve and authorize the Chairman to execute the Redevelopment and Construction Grant Agreement, as shown on page ______, between the U.S. Highway 17-92 CRA and Central Florida KFC, Inc. d/b/a Taco Bell, as recommended by the RPA; and authorize execution of appropriate Resolution #2012-R-183, as shown on page ______, implementing Budget Amendment Request (BAR) #13-008 in the amount of $145,500, consistent with said Agreement.
Districts 1, 2, 4 and 5 voted AYE.
Mr. Buchheit presented a request to approve the Redevelopment and Construction Grant Agreement between the CRA and Agree 17-92, LLC for a Wawa Convenience Store, 2455 U.S. Highway 17-92, Casselberry. This project includes a complete teardown of an existing building that has been vacant for several years, a complete site redesign, a complete ingress/egress redesign, and the construction of a Wawa convenience store. The total grant request is $228,717. Staff recommends approval.
Commissioner Horan commented that this is one of two sites that Wawa is developing on U.S. Highway 17-92; the other one is not in the CRA. He stated there will be a sculpture on the site that is of the Canada Goose, which is their logo.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute the Redevelopment and Construction Grant Agreement, as shown on page ______, between the U.S. Highway 17-92 CRA and Agree 17-92, LLC in the amount of $228,716.40, as recommended by staff; and authorize execution of appropriate Resolution #2012-R-184, as shown on page ______, implementing Budget Amendment Request (BAR) #13-007 in the amount of $228,717, consistent with said Agreement.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 9:54 a.m. and reconvened the meeting of the Board of County Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, advised that under the Consent Agenda, there is an Add-on Item #5A, Certification Forms for the State Housing Initiatives Partnership Program (SHIP) Annual Performance Report (APR), and staff is requesting that Item #12, Facility Use Agreement at Sylvan Lake Park for Wellness Solutions Today, Inc. d/b/a Groupfittoday, be pulled from the agenda.
Mr. Hartmann further advised that they would like to move Item #28, Administrative Code Amendment associated with licensing of Pain Management Clinics, to the afternoon session after the Public Hearing item.
In regard to Item #19, Amendment #1 to RFP-600149-07, Commissioner Dallari questioned whether staff will be putting this out to bid for new projects that are coming up after the one-year time extension.
Ray Hooper, Purchasing & Contracts, addressed the Board to state that as soon as Item #19 is approved, they will start working on the re-procurement which will probably start in the spring of 2013.
Upon inquiry by Commissioner Henley, Mr. Hartmann explained that Item #12, which is a renewal of an existing contract, is being pulled from the agenda because, upon their further review yesterday, they saw a few inconsistencies and they want to make clarifications especially associated with insurance.
Commissioner Henley commented that it is a very successful program.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize and approve the following:
Community Development Division
5A. Approve and authorize the Chairman to execute two Certification Forms, as shown on page ______, for the State Housing Initiatives Partnership Program (SHIP) Annual Performance Report (APR).
Economic & Community Development Services
6. Adopt and authorize the Chairman to execute appropriate Resolution #2012-R-185, as shown on page ______, pertaining to the onsite sewage treatment and disposal system evaluation and assessment program, and the County's decision to decline adoption of such evaluation and assessment program.
Planning & Development Division
7. Authorize the release of Performance Bond #5035441 in the amount of $192,028.39 for Savannah Park (Ashton Orlando Residential, LLC, Hearthstone Multi-Asset Entity C, L.P.).
8. Approve and authorize the Chairman to execute the Bella Tuscany First Replat consisting of a replat of Lots 6 and 7 and Tracts A, B, and C, of the Bella Tuscany Subdivision as recorded in Plat Book 75, pages 73-74, located on the north side of E.E. Williamson Road, approximately 650 feet east of Shady Knoll Court (Taylor Morrison of Florida, Inc.).
9. Authorize the Chairman to execute the Release of Lien, as shown on page ______, for Case No. 11-92-CEB, at 135 Habersham Drive, Longwood, Tax Parcel #31-20-29-5EJ-0000-0180, previously owned by Samia E. Kabiri and currently owned by Federal National Mortgage Association.
10. Authorize the Chairman to execute the Satisfaction of Lien, as shown on page ______, for Case No. 07-62-CEB, at 2165 Ridge Drive, Winter Park, Tax Parcel #33-21-30-501-0F00-012A, owned by Magda A. Queris.
11. Approve and authorize the Chairman to execute an Agreement, as shown on page ______, between Seminole County and United Arts of Central Florida, Inc. in the amount of $128,174 reflecting $.30 per capita funding as part of the 2012/2013 budget.
Parks & Recreation Division
12. Pulled from the agenda request to approve and authorize the Chairman to execute the Facility Use Agreement for the Wellness Solutions Today, Inc. d/b/a Groupfittoday to operate zumba dance fitness, boot camp and martial arts programs for children and adults to encourage exercise, activity and health at Sylvan Lake Park.
13. Approve and authorize the Chairman to execute an Interior Renovation Services Agreement, as shown on page ______, with the Seminole County Health Department for remodeling and renovation of its current space at 132 Sausalito Boulevard, Casselberry.
14. Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page ______, between Seminole County and the City of Lake Mary for aesthetic maintenance (litter and trash pickup, landscaping/grounds maintenance, weed control and routine maintenance to keep the debris and dirt build-up to a minimum) of the pedestrian bridges over Lake Mary Boulevard at Country Club Road and Rinehart Road.
Budget and Fiscal Management Division
15. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-186, as shown on page ______, implementing Budget Amendment Request (BAR) #12-108 in the amount of $1,500,000 through the Tourism Development 3% Tax Fund to create the Zoo Expansion Property project and appropriate funding.
16. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-187, as shown on page ______, implementing Budget Amendment Request (BAR) #13-001 in the amount of $70,000 through the BCC Projects Fund to appropriate funding for renovations to the Casselberry Health Department with offsetting reimbursement from the State.
17. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-188, as shown on page ______, implementing Budget Amendment Request (BAR) #13-002 in the amount of $59,366 through the Enhanced 911 Fund to appropriate additional funding for the 911/EOC UPS System project.
18. Approve the purchase of two streaming encoders using existing Bright House grant funding.
Purchasing & Contracts Division
19. Approve Amendment #1, as shown on page ______, to RFP-600149-07/TLR, Financial Consultant Services with First Southwest Co., Orlando, for a one-year time extension; and authorize the Purchasing & Contracts Division to execute the Amendment.
20. Approve Amendment #1, as shown on page ______, to RFP-600729-09/TLR, Fire Station Alerting System with DCR Engineering Services, Inc., Mulberry; and authorize the Purchasing & Contracts Division to execute Amendment #1 in the amount of $33,054.75.
21. Award CC-7908-12/JVP, as shown on page ______, Dyson Drive Bridge Replacement in the amount of $688,888.08 to SEMA Construction, Inc. of Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement.
22. Award RFP-7760-12/RTB, as shown on page ______, UPS Replacement at the Seminole County Public Safety Building to Computer Power Systems, Inc. of Winter Springs, in the amount of $267,265.22; and authorize the Purchasing & Contracts Division to execute the Agreement.
23. Approve Sole Source Procurement SS-601539-12/BJC, as shown on page ______, for the special advertising to increase tourism in Seminole County with Clear Channel Airports, Allentown, PA; and authorize the Purchasing & Contracts Division to execute the special advertising agreements.
Districts 1, 2, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the following:
24. Expenditure Approval Lists, as shown on page ______, dated September 4 and 10, 2012; and Payroll Approval List, as shown on page ______, dated September 13, 2012; and noting, for information only, the following Clerk's "Received and Filed”:
1. Work Order #7, as shown on page ______, to PS-0984-06.
2. Amendment #1, as shown on page ______, to RFP-7423-12.
3. Development Order #12-30000059, as shown on page ______, 5591 Lake Avenue, Ronald and Margarita Lansing.
4. Closeout, as shown on page ______, to CC-4623-09.
5. Amendment #7, as shown on page ______, to Work Order #10 to M-5004-09.
6. First Amendment, as shown on page ______, to PS-6980-11.
7. Work Order #4, as shown on page ______, to PS-2404-07.
8. Form 8B Memorandum of Voting Conflict, as shown on page ______, for Seminole County Parks and Preservation Advisory Committee, Robin Kessler.
9. Training Provider Agreement, as shown on page ______, with Southern Technical Institute, Inc., Program Year 2012-2013.
10. CC-7945-12, as shown on page ______, Construction Services Agreement Award for Corinthian Builders, Inc.
11. Work Order #79, as shown on page ______, to CC-1284-06.
12. Amendment #1, as shown on page ______, to Work Order #106 to PS-1074-06.
13. Work Order #78, as shown on page ______, to CC-1284-06.
14. Amendment #2, as shown on page ______, to Work Order #5 to RFP-5706-10.
15. Fourth Amendment, as shown on page ______, to IFB-600844-10.
16. Parks Contract for Services with David Lyons, as shown on page ______.
17. Bids for CC-7945-12, CC-8003-12, 601488-12, and RFP-601502-12.
25. Approval to expend $2,000 from the Law Enforcement Trust Fund to provide for a contribution to the 2012 Seminole County Red Ribbon Campaign.
Districts 1, 2, 4 and 5 voted AYE.
Joy Williams, Planning and Development, addressed the Board to present a request for approval of Garden Park Apartments Planned Unit Development (PUD) f/k/a Garden Grove Apartments Ltd. PUD Final Master Plan and Developer’s Commitment Agreement as described in the agenda memorandum. Staff recommends approval.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve the Garden Park Apartments Planned Unit Development (PUD) f/k/a Garden Grove Apartments Ltd. PUD Final Master Plan; and authorize the Chairman to execute the associated Developer’s Commitment Agreement, as shown on page ______.
Districts 1, 2, 4 and 5 voted AYE.
Lisa Spriggs, Resource Management Director, addressed the Board to present a request for adoption of two resolutions authorizing the issuance of Capital Improvement Revenue Bonds, Series 2012, to provide financing for the Public Safety Communications P25 Radio System Upgrade and Tower Rebuild Projects in an amount not exceeding $22 million, as described in the agenda memorandum. She stated the documents consist of a Master Resolution and a Series Resolution and reviewed what each resolution contains. Staff recommends adoption.
Ms. Spriggs advised there is a pre-closing and signing of documents set for Wednesday, October 17 and the closing and transfer of funds is scheduled for the following day on Thursday, October 18.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate Resolution #2012-R-189, as shown on page ______, and appropriate supplemental Resolution #2012-R-190, as shown on page ______, authorizing the issuance of Capital Improvement Revenue Bonds, Series 2012, to provide financing for the Public Safety Communications P25 Radio System Upgrade and Tower Rebuild Projects in an amount up to but not exceeding $22 million.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey advised that Item #28, Administrative Code Amendment establishing fees of Pain Management Clinics has been moved to this afternoon.
Joe Abel, Leisure Services, addressed the Board to present a request for approval for an Artisan Agreement for the ashes and three Letters of Understanding for the removal and creation of artwork from the remains of the Bald Cypress tree and local icon known as the “Senator” which was lost to arson. Staff recommends approval.
Mr. Abel stated that the Letters of Understanding are a two-step process. They will work with the artisans to remove the wood from the area; the wood will be divided, and the artisans will then provide a more detailed description of the artwork they can create. Therefore, staff will be bringing back a more formal contract agreement at that time.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the Chairman to execute one Artisan Agreement, as shown on page ______, for the ashes and three Letters of Understanding, as shown on page ______, for the removal and creation of artwork from the remains of the “Senator.”
Districts 1, 2, 4 and 5 voted AYE.
Mr. Abel stated that part two of the item is in regard to applications for legacy pieces of the “Senator”, which are open to any group, organization or individual within the community that would be interested in a piece of the remains. Included in the agenda memorandum is a list of the applications received to date, which some have already been awarded, i.e. to the Smithsonian and Florida’s Museum of Natural History.
Mr. Abel stated that staff is seeking direction from the Board regarding applications from individuals.
Chairman Carey stated that, for the record, she will abstain from voting on this because she is one of the individuals who has applied for a piece of the tree. She has requested several pieces and plans to donate one back to the County after it has been turned.
Chairman Carey surrendered the gavel to Vice Chairman Henley to assume the duties of Chairman.
Mr. Abel stated Chairman Carey’s proposal is in line with what the County requested from the artisans and he suggests that maybe they require the same for any other individuals requesting wood pieces.
Vice Chairman Henley stated that the individuals that have applied for pieces on the list state the use as personal and not for profit. He said he would want to accommodate each of the requests if they can do so.
Commissioner Dallari stated that as long as it is not for profit, he sees no reason not to approve the list as submitted.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve the Big Tree “Senator” Legacy Request Summary of Applications as submitted in the agenda memorandum.
Under discussion, Commissioner Horan stated this is a unique problem and commended the staff for their efforts. He stated that Mr. Abel’s suggestion about using the same criteria for the personal-use applicants that is being used for the artisans is an excellent template to use, and obviously they have already indicated that there should be no commercialization of the remains of the “Senator.”
Mr. Abel thanked procurement staff for helping to walk his staff through the process. He stated that because of the unique situation and the uncharted territory, the park will not be open to the public as soon as they had hoped. They are in the process of having a 40’ to 45’ tall clone of the “Senator” transplanted to Big Tree Park, hopefully by the end of January or beginning of February, for the rededication which falls during the time of the Centennial Celebration.
Upon inquiry by Commissioner Dallari, Mr. Abel stated that this will take care of all the remains, because once the pieces that are there now are removed, they will work with the artisans to split that up and they have already removed some of the remains for artwork. There has been some media coverage on this, so there will probably be more applications and they will use the criteria that has been set today in making those pieces available.
Commissioner Horan confirmed with Mr. Abel that there are already a number of pieces in storage.
Districts 1, 2, and 4 voted AYE.
Commissioner Carey abstained from voting and filed a Memorandum of Voting Conflict Form, as shown on page ______.
Vice Chairman Henley returned the gavel to Commissioner Carey to resume the duties of Chairman.
COUNTY MANAGER AND STAFF BRIEFINGS
Ms. Spriggs stated this item outlines the expiration of four cents of the current six-cent levy of Local Option Gas Tax. The expiration is on August 31, 2013 absent renewal by the Board. There were two implementing ordinances for Local Option Gas Tax; one was enacted in 1983 and the second was enacted in 1985. The first implementing ordinance extended that tax for a ten-year period and then in 1985, it was extended for the statutory limitation of 30 years. The four-cent tax will expire again in 2013.
Ms. Spriggs explained the way the Local Option Gas Tax works. She stated it is distributed amongst the County and the cities within the County and is based on a statutory formula if there is no Interlocal Agreement signed by the County and the cities representing over 50% of the population in the incorporated area. Staff wanted to basically ensure that the Board is in agreement with the County Manager and staff beginning to have discussions with the cities regarding what an Interlocal Agreement may look like if the Board chooses to renew the tax next year. She stated the other thing that staff is recommending is that if the Board chooses to renew this tax for another 30-year period, to renew all six cents at once rather than renewing the four cents and then two years later, coming back and looking at the second two cents. Staff included a tentative timeline, but trying to get together eight different elected bodies, the County and cities, to sign and execute an Interlocal Agreement, they need to start the process going into the new year. Staff is seeking any type of other direction the Board may have.
Chairman Carey stated that currently the distribution is 63.6% to the County and 36.4% to the municipalities and questioned how that would be divided up under the State formula if they didn’t have Interlocal Agreements with the cities.
Ms. Spriggs explained that the default formula within the Statute says that you take five years of transportation expenditures for each of the entities and look at the proportionate share of those expenditures as 100% whole. She stated they did look at a calculation based on FY 2011 and five years back, and at that point, the County would retain approximately 70% of the share and the cities would retain approximately 30% of the share. However, that calculation would have to be redone based on the renewal timeframe with the close of FY 2012, so that might vary a few percentage points.
Commissioner Henley stated, in his opinion, the gas tax is a declining revenue source due to the fact that vehicles are required to get more miles per gallon and the growth of mass transit in the area. He questioned whether they have the right to suspend the tax at some future point if they choose to extend it as is being proposed today.
Bryant Applegate, County Attorney, stated he will double-check that, but his initial thought is that it should be in the ordinance when it is adopted.
Commissioner Henley stated the reason for concern is they are facing the possibility of sales tax or some other type of revenue for a dedicated funding source with transportation from the standpoint of expanding the LYNX service and the looming rail operation which will cost the County. If the gas tax doesn’t produce and continues to decline, he would like to know they could suspend it in lieu of something else that better serves the County and the obligations that are being undertaken.
Mr. Applegate stated they will research it.
Chairman Carey noted the six-cents is levied on diesel and they cannot suspend that particular tax.
Discussion ensued regarding enabling the ordinance language to give flexibility, the declining revenue source of the gas tax, and the securing of the gas tax monies for some kind of debt without pledging it in any way.
Upon inquiry by Chairman Carey regarding what the last five years of revenue has been, Ms. Spriggs stated she didn’t believe it had declined sharply and as requested, she would get those figures to the Board for their information.
Commissioner Dallari stated that MetroPlan sets the priorities for all transportation needs in the region which is Seminole, Orange and Osceola Counties. Projects cannot be moved forward unless there is a potential to fund those projects and if the gas tax is not renewed, several projects will be coming off the list. He requested that Ms. Spriggs ask Brett Blackadar, County Engineer, to compile a list of the projects that would potentially come off the list so they can see what is at stake.
Chairman Carey stated that even though it is a declining revenue source, it is still one that is needed in Seminole County and they still have one of the lowest gas taxes and taxes in general in the region, which is something to be proud of.
Discussion ensued regarding the additional nickel that the County does not charge and the fact that most other counties in the region have adopted at least a portion of the five cents that is available. Also discussed was the federal government gas tax, Florida being a donor state, the wonderful job that Congressman Mica has done in trying to reconcile the situation where much more money flowed to Washington than came back in transportation dollars, and that some of those dollars are designated for rail.
Commissioner Henley suggested they instruct staff to prepare for the renewal and to explore putting some flexibility in the ordinance.
Chairman Carey stated that the discussion with the cities needs to start, she would like to see the full analysis from the County’s standpoint, and as she understands it, they don’t have Interlocal Agreements with all the cities, but if a majority agrees, then that becomes the formula. The Board voiced no objections.
Mr. Hartmann stated he believes they will be able to come to some sort of reasonable conclusion in a pretty short order.
Mr. Hartmann announced that this is the last time Lisa Spriggs will be presenting as the Resource Management Director before taking her new position with the Sheriff’s Office, and he just wanted to thank her very much for her service to him and to the County, and she will be missed.
Mr. Applegate thanked Ms. Spriggs and said she and her entire staff have made his job this first year a lot easier with their expertise and he greatly appreciates it.
Chairman Carey recessed the meeting at 10:27 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
COUNTY CODE AMENDMENT/Seminole County
Continuation of a public hearing from September 11 and September 25, 2012, to consider adoption of an Ordinance enacting Chapter 186 of the Seminole County Code to establish regulations regarding Pain Management Clinics, as described in the proof of publication.
Nicole Guillet, Director of Economic and Community Development Services, addressed the Board to present the request. Ms. Guillet described the moratorium that was established in January of 2011 regarding pain management clinics. The moratorium was extended several times with the most recent extension expiring on October 1. She discussed the ordinance amending the Land Development Code that the Board adopted in August, which addressed locational criteria.
Ms. Guillet stated today’s ordinance is a companion ordinance that deals with regulatory issues such as the requirement that pain management clinics obtain a license, the criteria for those licenses, and the information that the County will need in concert with the Sheriff’s Office in order to issue the license. Ms. Guillet described the other regulatory items which are included in the ordinance. She stated staff is recommending approval.
April Kirsheman, Sheriff’s Office, addressed the Board to discuss the epidemic of prescription drug addiction.
Ms. Kirsheman stated the Florida Attorney General has begun a statewide taskforce as almost a subcommittee of the overall prescription drug initiative to target newborn addiction. She stated prescription drug addiction is a problem that they see spiraling through various state agencies and local communities. In Seminole County in 2011, 48 deaths were attributed to some combination of prescription drugs. Only one of those deaths had no prescription component. In the first quarter of 2012, there have been 17 deaths.
Ms. Kirsheman stated the goal of the ordinance is to fill some of the gaps that were not filled as a result of the State legislation that was put into place. She described the restrictions created by the Prescription Drug Monitoring Program (PDMP). With those restrictions in place, Florida still leads the nation in the sale of opiate-based pain killers. Document entitled Relevant Facts Concerning Prescription Drug Abuse was received and filed.
Ms. Kirsheman stated they are now seeing individual physicians who are operating as if they are a pain clinic and are prescribing the kinds of prescriptions that are associated with pain clinics in exorbitant doses and across multiple drugs. Those physicians are not going to license themselves under the State definition as a pain management clinic; and as a result, there is no way to deal with that locally. She explained how the definition in the ordinance is aimed at that problem and who would be excluded within the definition.
Deputy Kevin Peterson, Sheriff's Office, addressed the Board to state he is with the Pharmaceutical Diversion Unit. He explained how some of the things created by HB 7095 did help the problem. The prescription drug database decreased the amount of doctor shopping; however, they are now seeing more of a drug sponsorship where drug dealers sponsor multiple people to go to a clinic to obtain drugs. With regard to the financial aspect, Deputy Peterson stated that one 30-milligram Oxycodone tablet sells for $25 on the street and a typical 180-count prescription has a street value of $4,500.
Upon inquiry by Chairman Carey, Deputy Peterson explained what they typically find are dealers who obtain their bulk amount of prescription pills by gathering girlfriends, aunts, sisters and people from the community and taking them to the clinics. They pay for the visit, pay to have the prescription filled and then pay the person in either pills or cash.
Upon inquiry by Commissioner Horan, Deputy Peterson stated that once a prescription is submitted to a pharmacy, the pharmacy has seven days to submit that information to the PDMP. With regard to the defunding of the database by the Legislature, Deputy Peterson confirmed with Commissioner Horan that the database is being funded by private donations. Deputy Peterson confirmed that certain provisions of the law that were recently passed by the Legislature will expire January 1, 2016.
Upon inquiry by Chairman Carey, Deputy Peterson stated if someone sponsored four people that each got an average 180-count prescription, even after paying $1,500 in fees to redeem the prescription and pay the people, the net profit would be $12,000 per month untaxed. He added that it would not be uncommon for some pain management clinics that are busy to see 60 patients per day at approximately $200 per patient which would equal $12,000 per day, $84,000 per week or $4 million a year. When there is such a high profit, the chance for abuse is high.
Chairman Carey confirmed with Deputy Peterson that there are 29 registered pain management clinics in Seminole County.
Deputy Peterson discussed the State definition of a pain management clinic (that the practice itself cannot have more than 50% pain management in a given month) and stated that it is hard for law enforcement to audit the clinics because of privacy laws. With the 20-patients-per-day definition, they can use the PDMP to check a doctor for a given timeframe.
Chairman Carey submitted letters (received and filed) that the Commissioners received from the Florida Society of Interventional Pain Physicians and from the Florida Academy of Pain Medicine into the record.
Ms. Guillet stated that unlike the prior ordinance that dealt with the zoning issues, this ordinance will apply countywide, within unincorporated as well as incorporated areas unless a city adopts its own ordinance. This ordinance does not prohibit pain management clinics; it requires them to be licensed and establishes some regulatory guidelines for the operation of the clinic.
Dr. Jeffrey Zipper, 234 Alexander Palm Road, addressed the Board to state he is chairman of the Medical Affairs and Legislative Committee for the Florida Academy of Pain Medicine. He stated he is here today representing the Florida Society of Neurology, the Florida Society of Rheumatology, the Florida Society of Interventional Pain Physicians and the Florida Society of Physical Medicine and Rehabilitation. He distributed letters (received and filed) from the Florida Society of Neurology and Florida Society of Physical Medicine and Rehabilitation. He noted another letter will be sent to the Commissioners from the Florida Society of Rheumatology.
Dr. Zipper advised that he cannot support today's ordinance because he believes the definition of "pain management clinic" is too broad. Basically there are several criteria that would establish what a pain management clinic would be within the County, and one of them would be physicians who issue prescriptions for a dangerous drug to more than 20 patients in a single day. That would include Schedule II's, Schedule III's and Schedule IV's. He believes that amount is too low. Dr. Zipper explained how physicians work with physician extenders and how the physician extenders' prescriptions are signed by the attending physician. With the utilization of physician extenders, one single physician can actually see anywhere between 60 to 90 patients a day.
Dr. Zipper described how, over the past several years, the various academies and societies have worked with the Legislature to help reduce the proliferation of pill mills within the state while protecting the rights of the legitimate chronic pain patients that they serve. He stated the County's definition of "pain management clinics" will affect neurologists, physiatrists, rheumatologists, anesthesiologists, family practice physicians, sports medicine physicians and palliative care physicians who do not necessarily treat only cancer disease and explained how the Legislature specifically exempted certain board-certified and board-eligible specialists. He discussed how the County's newly created zoning ordinance will affect legitimate physicians and stated he believes the County will be relegating a whole lot of physicians to commercial and industrial zones when they should be near the hospitals and the patients that they care for.
Upon inquiry by Chairman Carey, Dr. Zipper explained that of the 60 to 90 patients that he stated would be seen in a day, he would probably be prescribing pain medicine in some degree for 75% of those. Discussion ensued with regard to physician extenders. Chairman Carey confirmed with Dr. Zipper that the law requires a doctor to see a patient twice a year if the patient is coming in every month and seeing a nurse practitioner.
Discussion ensued with regard to how the prescription drug database is funded.
Dr. Edwin M. Villalobos, 661 East Altamonte Drive, addressed the Board to state that the County having this ordinance would force him to move to an area he feels is inappropriate. Dr. Villalobos stated he has been practicing near Florida Hospital for 20 years and feels that he should be exempted from having to move. He explained how his office receives referrals from orthopedic surgeons and neurosurgeons postoperatively.
Upon inquiry by Chairman Carey, Dr. Villalobos stated that he is a sole practitioner. He also does interventional pain management, injection therapy and manages intrathecal pumps. He stated he sees on average 25 to 30 patients a day and he described the types of medication that he prescribes.
Upon further inquiry by Chairman Carey, Ms. Guillet explained that a dangerous drug, as defined by the Ordinance, is a Schedule II or III (opiates and opioids). It also includes Schedule IV, which would capture sleeping pills, if prescribed in combination with a Schedule II or III or immediately before or immediately after. Ms. Guillet read the “Dangerous Drug” definition, found on page 4 of the Ordinance, into the record. Discussion ensued with regard to the part of the definition that states “when prescribed in addition to or directly preceding or following another prescription.”
Chairman Carey stated that there has to be a way that they can come together so that the doctor community feels they can continue to practice without violating the ordinance yet they can protect people from those who are just writing prescriptions for everybody that walks in the door. Dr. Villalobos stated that is why they utilize the database and advised that for every patient that comes in on a monthly basis, they review the database. Chairman Carey asked Dr. Villalobos if not the 20-patients-a-day number as defined in the ordinance, then how many. Dr. Villalobos explained he can see as many as 30 patients in a day. He gets referrals from the orthopedic surgeons and neurosurgeons that require postoperative management along with the patients that have failed traditional surgeries.
Commissioner Horan stated that the doctors can treat the patients in whichever way they want to treat them. All the County is talking about is registration. Dr. Villalobos stated he believes that the County should follow the guidelines from the State of Florida because this ordinance will not only affect his specialty, physical medicine/rehabilitation, but it will affect all others such as neurology and orthopedics. Commissioner Horan confirmed with Dr. Villalobos that the County is not telling a doctor how he can treat a patient; they are only talking about registration. Dr. Villalobos stated that the ordinance states you must be 1,000 feet from another pain management clinic. The hospital that he is located near has its own pain management service so he would have to legally move if the ordinance passes.
Upon inquiry by Commissioner Dallari regarding Dr. Villalobos being exempt from that restriction, Ms. Guillet explained who is exempt under the grandfather clause contained in the ordinance passed by the Board in August as a legal non-conforming use at their existing site within their existing zoning district but noted that those people would be required to comply with the licensing ordinance.
Commissioner Henley stated he does not believe this ordinance is something that will interfere with someone who is practicing legally. He pointed out that the five people that have been elected by the people of Seminole County are charged with the protection of the health and welfare of its citizens, and explained this is a big problem in Seminole County that they are trying to deal with. They are not here with the intent of trying to limit any legally practicing doctors.
Dr. James Shea, 498 North State Road 434, addressed the Board to state he has an office in Altamonte Springs and has been practicing in the area since 1987. Dr. Shea stated he is a physiatrist, physical medicine and rehabilitation.
Dr. Shea explained that one of the big issues that he has is advertising his specialty. He sees people with neck and back pain and sports-related injuries. If he describes what he does, he gets hit by the County's advertising area, so he has to hide what he has been trained to do in order to not push himself into this area. He pointed out that the way the County defines a pain center in the ordinance retroactively goes back to the zoning issue which would require him to stay in his exact spot, captive to his landlord; he can't move. He suggested that it would be helpful if the County could grandfather them in for one location, if they are legitimate, and they could be able to move to a single location, not expanding to two or three more offices. He stated it would be helpful if they were to take the State's discussion of who is a legitimate doctor to manage these patients and loosen either the advertising ban, because that is what they do, or loosen the number of prescriptions written for people who meet the State definition, meaning only the State definition of exemption and not that they are trying to fly under the radar but they are actually board certified in rehab, in anesthesiology and in rheumatology.
Upon inquiry by Chairman Carey, Dr. Shea confirmed that he would like to be able to relocate to a new center or new office as long as he is not expanding his practice. He would like to be grandfathered in regardless of where he moves in the county. Chairman Carey noted that the State statute says that you have to register if you advertise as a pain management clinic. Dr. Shea responded not if you are a physiatrist, an anesthesiologist or a neurologist because that is what you have been trained to do. He stated the issue is with doctors who were not trained to manage pain advertising to bring in tons of patients. Discussion ensued with regard to the requirements for board certification.
Chairman Carey suggested that they may need to add language regarding board certification; and potentially once established in the county and a doctor decides to move from Altamonte Springs to Oviedo, there would not be something that would preclude them from doing that.
Commissioner Horan asked Dr. Shea to suggest how the ordinance could be drafted in a way that would help to identify the patient that may be coming in too often but at the same time would not hurt him and would draw a very bright line between something he does and something that someone who is running a pain clinic and trying to run through more than 40, 50, 80 or 100 patients a day who are getting 30 to 50 pills a day. Dr. Shea indicated he believes they are not going to catch every doctor who is doing things wrong with any piece of legislation. They are looking to grab the majority of people who are doing things wrong. In this instance, if they look at the specialties that are specifically trained to do pain care and if they exempt those specialties, they will still have some. It won't be perfect. The issue is how to allow doctors to do what they do without putting a burden there and going after the physicians who aren't trained to do this type of care and are infringing on the area of practice.
Chairman Carey referred to a Written Comment Form which refers to the Orange County ordinance that was recently adopted. She stated she had not seen the ordinance.
Dr. Shea stated that if the County were to write the exemption for these specialties only in the area of advertising, he could advertise what he personally is trained to do and at least allow physiatrists, anesthesiologists and these specialties to avoid being captured by the advertising inclusion if it is what they are trained to do. Upon inquiry by Chairman Carey, Dr. Shea stated he would include the specialties that specifically are trained to treat patients that need narcotic meds which would include rheumatology and rehab and anesthesiology.
Upon inquiry by Commissioner Henley as to what the professional organizations are doing to police and help solve the problem, Dr. Shea stated that most specialties now require recertification of their boards every ten years. In that training and testing, they have expanded into pain control in physiatry more and more. Their CME's are in those areas.
Upon inquiry by Commissioner Dallari regarding the Orange County regulations, Ms. Kirsheman stated she was familiar with the proposals that were done after the task force recommendations. She does not know if they have done anything in the last several weeks.
Upon inquiry by Chairman Carey, Dr. Zipper stated he was on the Orange County Task Force and advised that Orange County changed the definition of "pain management clinic" back to what the State law’s definition was. He stated all of their societies worked with State law and created a situation where they would capture those that were at the greatest risk of operating rogue pill mills and forcing them to register while allowing board-certified and board-eligible, highly trained specialists in physical medicine and rehabilitation, anesthesiology, neurology, rheumatology and psychiatry to continue practicing medicine in the county.
Chairman Carey confirmed with Dr. Zipper that those changes have been adopted by Orange County.
Ms. Guillet stated that her understanding is that Orange County adopted the zoning ordinance with the State definition restricting pain management clinics to an industrial district. They adopted an ordinance requiring pain management clinics, in order to get a business tax receipt, to demonstrate that they have their State license. She understands that they did not adopt the registration requirements and put that off to a later undetermined date.
Chairman Carey stated that Seminole County has adopted the zoning ordinance and they are discussing the registration piece today.
Mr. Applegate advised there are differences between what Orange County adopted and what they have here. He thinks it is fair to say the County's is less restrictive in some areas.
Commissioner Henley asked if there are any results that have occurred from July to August as a result of Orange County's adoption of their ordinance. Chairman Carey stated staff could clarify that with Orange County.
Gregg Taboh, 115 Channel Circle, addressed the Board to state he is presently president of Taboh Medical Group and regional director of the National Pain Institute. He has worked with surgery centers and different pharmacies throughout the United States for the last 14 years. Mr. Taboh stated he was on the Orange County Task Force; and he pointed out that when Orange County started the registration process and when they started the PDMP, they went from 92 pain clinics to 30 pain clinics. Advertising for pain clinics declined. In the legitimate pain practice, people that are treating chronic pain patients, there is a community of physicians working together to weed out those that do not belong. Chairman Carey clarified with Mr. Taboh that the drop in pain clinics in Orange County occurred when they began the PDMP.
Upon inquiry by Chairman Carey regarding whether or not there is a way for pharmacies to be filling prescriptions without reporting them, Mr. Taboh stated no, that the pharmacy has to report it.
Commissioner Horan stated he believes the database is very important and gives everybody (the pharmacy, the physician, the law enforcement people) a one-stop place to check the information. He confirmed with Mr. Taboh that pharmacies do have to check the database.
Upon inquiry by Commissioner Horan, Dr. Zipper stated the PDMP is the most important tool physicians have to eradicate the problem. Since the State law has taken effect, there has been a 50% reduction in the amount of pain clinics registered with the State. He explained how every pharmacy must report into the PDMP database when they fill a prescription but advised there are no mandatory requirements to check the PDMP. He stated that all of the medical societies are running CME programs annually that talk about how to identify misuse; and at the end of the day, all legitimate physicians are checking the database.
Commissioner Henley asked Dr. Zipper to discuss the possibility of having a higher number than 20 for those who are board certified and a specialty. Dr. Zipper stated in wrestling with that with the State legislation for quite some time, it was recognized that it was very difficult to put a number on it. He explained how a deficiency in State law allowed for the proliferation of pill mills.
Ms. Kirsheman advised that the so-called anti-addiction medicines have been excluded from the definition so that people can be legitimately prescribed Suboxone. She added that the cocktail that they spoke of colloquially is a combination of Oxycodone (Schedule II), Xanax (Schedule IV) and Carisoprodal Soma (Schedule IV). She explained those within combination of each other is why there is the "in addition to" language. If you have got a Schedule IV by itself, that would not meet the definition of a dangerous drug under the County's Ordinance. Discussion ensued as to what drugs would fall under the ordinance.
Ms. Kirsheman stated that according to the State records, she believes both Dr. Shea and Dr. Villalobos are registered as pain management clinics licensed by the State of Florida. If they are licensed by the State of Florida, they would meet the County's definition of a pain management clinic regardless of how they chose to advertise their business and regardless of the number of patients they see. They would have met the definition simply because they met the State definition as part of the County's Ordinance. Ms. Kirsheman indicated that their aim is not pain management clinics as they existed at the time the problem started and the legislation went into effect. She explained how they are looking for the rogue physicians who are prescribing like they are a pain management clinic but are not meeting any of the traditional State definitions.
Chairman Carey stated she would like information regarding whether or not the numbers of drugs dispensed in Orange County went down based on what they did and believes that is a reasonable way to monitor.
Upon inquiry by Commissioner Horan regarding the number of people who are dying from drug overdosing on prescription pain medication, Ms. Kirsheman stated there has been somewhat of a drop, but not a drop of a full person.
Dr. Jess Salinas, 4106 West Lake Mary Boulevard, addressed the Board to state he is a doctor in the Lake Mary area doing pain management and physical medicine rehabilitation. He is speaking also on behalf of private family-care physicians that work in his building and explained why they send their patients to him for pain management. Dr. Salinas stated he believes education is a big portion in treating patients when you are giving opioid medication. He discussed abuse and addiction. He stated it is the responsible pain physician that will be able to detect this situation and be able to handle it and believes his like-minded pain doctors in the area are the ones that are striving to do so.
No one else spoke in support or in opposition.
Speaker Request Forms and a Written Comment Form were received and filed.
Chairman Carey stated it seems to her that there are a lot of unanswered questions potentially and she believes it would be helpful to look into the following: Advertising for the board-certified specialists; some way to define the difference in the number of prescriptions a day in reality a pain management doctor who has two or three assistants issues; the board certified issue, the "grandfathering in" issue that was discussed; and the Category IV substances. Chairman Carey stated it is not the intent of the Board to prevent legitimate doctors from prescribing and treating their patients. It is the intent of the Board to adopt an ordinance that will protect the health and welfare of the citizens of this County. It is a fine balance so they need to make sure that they have it right. She stated it doesn't quite sound like they have it right. They have come a long way from the ordinance that they started with to where they are today, but it sounds like there still needs to be a couple of tweaks.
Chairman Carey suggested they continue the hearing and also continue their moratorium until such time as Ms. Kirsheman, working with the County's staff and working with the physician community, can come back with some adjustments to the ordinance. Ms. Kirsheman stated she can bring the item back at the November 13, 2012 meeting. Commissioner Dallari requested information regarding the present legislation that has been passed in Orange County.
Chairman Carey requested Ms. Kirsheman provide information regarding how the State system has been funded through 2013.
Ms. Kirsheman asked Chairman Carey if, when she is talking about the grandfathering issue and the board-certified specialties, she is referring to the zoning portion or both. Chairman Carey stated it may be that they need to go back and tweak it, that it is a holistic issue. If, in passing the ordinance, they did something that had unintended consequences, they should address it while they are talking about it. If someone has been at the same office building for ten years and they want to move to a newer location or a new office building, they should not be penalizing from doing that if they are legitimate operating physicians and were grandfathered in.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to continue to November 13, 2012 at 1:30 p.m., or as soon thereafter as possible, request to adopt an Ordinance enacting Chapter 186 of the Seminole County Code to establish regulations regarding Pain Management Clinics, as described in the proof of publication; and to continue the moratorium regarding pain management clinics.
Districts 1, 2, 4 and 5 voted AYE.
REGULAR AGENDA (CONTINUED)
County Attorney Bryant Applegate advised that since the previous item was continued, there is no reason for the Board to consider Item #28, request to adopt a Resolution amending Section 20 of the Seminole County Administrative Code to establish fees associated with the licensing of Pain Management Clinics.
Chairman Carey recessed the meeting at 3:07 p.m., reconvening at 3:12 p.m.
Chairman Carey stated they have received a letter from Sanford Aviation Noise Abatement Committee (SANAC) regarding two members (Crystal Carr and Tony Matthews) whose terms have expired. SANAC has asked for those members to be reappointed.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to reappoint Crystal Carr and Tony Matthews to the Sanford Aviation Noise Abatement Committee.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey reminded the Board that at the last meeting, she had requested a nominee to replace Larry Dale, who resigned, for the Workforce Central Board of Directors. The nominee needs to be someone who is involved in the economic livelihood of the County. She pointed out that in January there will be board appointments that need to be made and requested that the Commissioners think about that. Chairman Carey suggested to anyone watching who is interested in serving on a board in Seminole County that the County would love to have their application.
Chairman Carey stated she received a letter (not received and filed) from the Health Council of East Central Florida Board of Directors regarding the Annual Board Attendance Report which was distributed to the various County offices. Seminole County has two representatives, Dr. Marie-Jose Francois and David Applebaum. The bylaws require them to attend a certain amount of meetings or be replaced. She suggested the Commissioners keep an eye on those attendance records.
Chairman Carey indicated that she executed the Central Florida Area Workforce Investment Consortium Interlocal Agreement on behalf of Seminole County.
Chairman Carey mentioned that she attended the Central Florida Branding Summit where there was discussion about creating and promoting the Regional Expanded Brand. She stated there was polling that went on during the summit and she has distributed copies (not received and filed) of that information to the Commissioners' offices so they can see what the results were.
Upon inquiry by Commissioner Dallari, Chairman Carey advised that she will request that the invitation list be expanded for any additional meetings that are held so the other Commissioners can attend. Commissioner Dallari asked if they were planning on involving the community or just the key-elected officials. Chairman Carey stated she believes it is going to be a community effort. It will be led by Economic Development Commission (EDC) and will be chaired by Alex Martins. It is a business-driven group.
Commissioner Dallari explained that myregion.org did a value study, which is basically what they are talking about. He pointed out it would be a lot easier and cheaper to revisit that value study than to reinvent the wheel. Chairman Carey stated she knows that myregion.org is involved in the discussion so the value study may be one of the components that they will pull together. Commissioner Horan discussed the evolution of the organization.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of a letter with attachments dated September 20, 2012 from Beth Norton, Federal Emergency Management Agency, to Chairman Carey regarding the Flood Insurance Rate Map revised for the community by this Letter of Map Revision. (C: Stacy Casertano, CFM; Richard D. Merkel, P.E.)
2. Letter dated September 24, 2012 from Phil Baldwin, CredAbility, to Commissioner Carey regarding the addition of Broc Rosser as Florida President/Senior Community Development Officer, effective September 24, 2012.
3. Copy of a letter dated September 21, 2012 from Gary Causey, U.S. Department of Housing and Urban Development, to Chairman Carey regarding Community Development Block Grant Program, Seminole County – Urban County Qualification, FY2013-2015. (C: Valmarie Turner)
4. Copy of a letter dated September 25, 2012 from George Speake, Orlando Sanford International Airport, to James Hartmann regarding appointment of members (one voting member, one non-voting member) to the Sanford Aviation Noise Abatement Committee.
5. Copy of a letter with attachment dated September 25, 2012 from Ken Peach, Health Council of East Central Florida to Chairman Carey regarding Annual Board Attendance Report.
6. Copy of a letter dated September 25, 2012 from David Johnson, Seminole County Property Appraiser, to Chairman Carey regarding Seminole County Property Appraiser’s 2012-2013 approved budget and the Seminole County Board of County Commissioners’ proportionate share of $4,235,492.35. (C: Lisa Spriggs and Karen Hufman)
7. Copy of a letter dated September 25, 2012 from David Johnson, Seminole County Property Appraiser, to Chairman Carey regarding Seminole County Property Appraiser’s 2012-2013 approved budget and the Seminole County Unincorporated Road District’s proportionate share of $15,252.73. (C: Lisa Spriggs and Karen Hufman)
8. Copy of a letter dated September 25, 2012 from David Johnson, Seminole County Property Appraiser, to Chairman Carey regarding Seminole County Property Appraiser’s 2012-2013 approved budget and the Seminole County/Municipal Fire District’s proportionate share of $425,646.49. (C: Lisa Spriggs and Karen Hufman)
9. Letter dated September 24, 2012 from Congressman John Mica to Seminole County Commission regarding Ernest Kozak request for repairs at bus stops on Howell Branch Road and SR 436.
10. Copy of a letter dated September 21, 2012 from Rich Behrle, Unison, to Seminole County Property Owner regarding Cell Tower on Property (O 315926).
11. Letter dated September 26, 2012 from Diane Pickett Culpepper, Bright House Networks, to Brenda Carey regarding programming changes as of November 1, 2012 or later. (C: Jim Hartmann, Matt Chesler, Michel Champagne)
12. Copy of a letter and attachments dated September 28, 2012 from Ray Valdes, Tax Collector, to Chairman Carey regarding copy of the Summary page of the approved 2012-13 Budget for the Office of the Seminole County Tax Collector as submitted to the Florida Department of Revenue. (C: BCC members and Jim Hartmann)
13. Copy of a memo and attachment dated September 21, 2012 from Cathy Galavis, Florida Department of Revenue, to All Property Appraisers regarding Elected County Constitutional Officers Salaries.
14. Copy of cover letter only from Carnell Thomas, Court Monitoring Systems, Inc., to Chairman Brenda Carey regarding proposal to provide GPS Monitoring to offenders and others that are in the legal system here in Seminole County Florida. (C: Alan Dickey, Donald Eslinger, Derek Gallagher)
15. Letter dated October 2, 2012 from Kevin Shaughnessy and Pamela Nabors of Workforce Central Florida (WCF) to Chairman Brenda Carey regarding appointment of one public sector individual from the economic development community to serve on the WCF Board.
16. Copy of a letter and attachment dated September 28, 2012 from Cathy Galavis of Florida Department of Revenue to Ray Valdes, Tax Collector, regarding budget request for the operation of office for the period October 1, 2012 through September 30, 2013. (C: Board of County Commissioners)
17. Copy of a letter dated October 3, 2012 from Judge Alan Dickey, State of Florida 18th Judicial Circuit Court, to Carnell Thomas, Court Monitoring Systems, acknowledging receipt of GPS Monitoring Proposal. (C: Donald Eslinger, Brenda Carey, Derek Gallagher, Mark VanBever, Wayne Fountain, Wendy Whitsett)
18. Copy of a letter dated October 1, 2012 from Larisa Perry, Wells Fargo, to Commissioner Brenda Carey regarding information on grants, volunteerism and donations to organizations that help Florida’s economic development and job creation.
19. Copy of a letter dated October 3, 2012 without attachments, from John Quinones, Osceola County Commissioner, to Chairman Carey regarding signature pages of the Central Florida Area Workforce Investment Consortium Interlocal Agreement.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley stated that MyRegion.org is starting a pilot program in regards to Central Florida Score Card. There are six different elements on which each of the different counties will be scored. Under each of the six, there are three different subdivisions that will be addressed. He stated the public can go to the MyRegion.org website and they will be able to compare Seminole County to all of the others contained in the report.
Commissioner Dallari stated that several months ago they spoke about Oxford Road and the master planning of that intersection. He indicated that he has had conversations with MetroPlan and there are some funds available there. He requested an update from staff.
Ms. Guillet stated they believe they have a final proposed scope. They have gotten input from several different people. She would like to "pull the plug" on it and send what they have got, the scope that they have, to their potential funding partners. They can bring something back to the Board at the November 13, 2012 meeting and talk about whether or not the Board wants to move forward with it. Commissioner Henley stated he had a telephone call for an appointment from the gentleman who owns the 38 acres down there that he wanted to master plan. He got called back to New York so they will reschedule the meeting. Ms. Guillet advised staff has been talking with his representative so he will be a part of the mix.
Chairman Carey noted that there will be a Geneva Homemakers Luncheon and a preparedness Expo on October 20 at the Community Center in Geneva.
Chairman Carey advised that Gregg France, a former Seminole County Building Official, passed away from complications from pneumonia.
Chairman Carey stated that Mr. Epps distributed Lockheed Martin 100th Anniversary pens to all of the Commissioners.
ITEMS FOR FUTURE AGENDA
John Casselberry, 700 South Lost Lake Lane, addressed the Board to discuss a conversation he had with Cecelia Monti, Resource Management, about the County's budget and ad valorem taxes. He stated it seems to him that the County might be under taxing the services that they are allowed to tax on and believes it might be a good idea for the cities and the County financial people to get together on some kind of committee and talk about what the best sources of revenue are and ways to standardize and equalize the tax burden across the County.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:30 p.m., this same date.