BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

MAY 11, 2010

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, May 11, 2010, in Room #1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Brenda Carey (District 5)

Commissioner Mike McLean (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Carlton Henley (District 4)

Clerk of Circuit Court Maryanne Morse (late)

Acting County Manager Joe Forte

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Major Tim Roberts, Salvation Army, Sanford, gave the Invocation.

Commissioner Carey led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Motion by Commissioner Henley, seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-101, as shown on page ________, proclaiming the week of May 8th through May 16th, 2010 as "National Travel and Tourism Week".

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

The Resolution was presented to Bruce Skwarlow, General Manager, Orlando Marriott Lake Mary; and Dennis Hale, General Manager Embassy Suites Orlando North. Mr. Skwarlow addressed the Board to express appreciation on behalf of the Central Florida Hotel Lodging Association Board of Directors, the Seminole County Convention and Visitors’ Bureau, the hotel owners, operators and employees of Seminole County.

-------

Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.

Motion by Commissioner McLean, seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-102, as shown on page ________, proclaiming the week of May 16th through May 22nd, 2010 as "Emergency Medical Services Week".

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

The Resolution was presented to Ivan Mustafa, EMS Battalion Chief, Seminole County Fire Department, who addressed the Board to express appreciation on behalf of Fire Chief Leanna Mims and all agencies in Seminole County and the United States.

-------

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-100, as shown on page _________, proclaiming the week of June 7th through June 11th, 2010 as "Code Enforcement Officers' Appreciation Week in Seminole County".

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

The Resolution was presented to Deborah Leigh, Senior Code Enforcement Officer, who addressed the Board to express her appreciation on behalf of all Code Enforcement Officers throughout Seminole County.

-------

Motion by Commissioner McLean, seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-103, as shown on page ________, proclaiming the week of May 2nd through May 8^th, 2010 as North American Occupational Safety and Health Week.

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

The Resolution was presented to Stephen Ungaro, Chapter Member, who addressed the Board to express his appreciation. He reviewed the events that NAOSH has helped throughout the years. He stated he is pleased that Seminole County has taken the time to address this very important topic.

-------

Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-104, as shown on page ________, proclaiming the month of May as Civility Month.

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

The Resolution was presented to Robert McMillan, County Attorney, who addressed the Board to briefly express his appreciation.

-------

Commissioner Henley stated he represents the Board on the SunRail Commission and he is happy that there are a great deal of things that have been set in motion to make this happen. He introduced Tawny Olore, FDOT, Todd Hamilton and Noranne Downs, Florida Department of Transportation (FDOT) Secretary.

Todd Hamilton, FDOT, addressed the Board to display and review a PowerPoint Presentation (received and filed). He displayed a System Map and stated the project consists of two phases. He stated he hopes to have the first phase up and running in early 2013 and the second phase running by 2015. He reviewed the Project Update consisting of the following: Creation of a new Rail Commission and Rail Enterprise within FDOT; Statewide Applicability of Liability Insurance for SunRail and Others; SunRail continues to be managed by FDOT District 5; High Speed Rail managed by new Rail Enterprise; Acquisition Costs; Capital Costs; and Operations and Maintenance.

Mr. McMillan left the meeting at this time.

Mr. Hamilton continued by reviewing FDOT Competitively Bidding Contracts for the Operations, Maintenance and Construction of SunRail (DBM, CEI and Vehicles in negotiation, Ticket Vending Machines, DBB, Marketing/Public Involvement, O&M upcoming, and Construction Begins early 2011).

Tawny Olore, FDOT, addressed the Board to review the following: Working with FTA on FFGA expected this fall; Updating and Reviewing Plans; Second SEA approved April 20th; and Schedule of Public Hearings.

Mr. McMillan reentered the meeting at this time.

Ms. Olore concluded by reviewing Amendments to the Interlocal Agreements required for FFGA.

Noranne Downs, FDOT Secretary, addressed the Board to display a map showing the master plan for high speed along the Tampa-Orlando-Miami Corridor. She stated the Tampa-Orlando Corridor is the actual project that was selected through the President’s stimulus package. She reviewed FRA Approval and stated the total cost is $2.5 billion and they were awarded $1.25 billion. She displayed and reviewed the map of Phase I showing where the five stations will be located. She continued by reviewing: “Why This Corridor was a Winner and Why it was Selected”; Phase II; and SunRail Connectivity Options and What They Include.

Commissioner Carey stated she is glad that they finally arrived at the beginning of this process to get it going, and it is great to think that they are actually going to have rail in this community.

Commissioner Henley stated the question that keeps coming up is the impact that this is going to have on the east-west roads. There are five crossings that will take place in Longwood and people are concerned about that.

Ms. Olore stated they have a few things working to the advantage of the motorists on the roads. There will be operating windows and those windows, during the peak times, will be just passenger rails (between 5:00 a.m. to 10:00 a.m. and between 3:00 p.m. to 10:00 p.m.). No freights will be allowed on the corridor during that time, and they will actually be moving the freights out of that peak period. The other thing going on is CSX has decided to move eight to nine freight trains off of that line and those will be moved over to the S line.

Upon inquiry by Commissioner Henley, Ms. Olore advised the horns (whistles) are a big concern. They will actually do some horn mitigation. The freights and commuter rail are required to sound the horns at every grade crossing if there are no quiet zones in place. The horns are usually located on the top of the vehicle and then noise spreads out in both directions. The horns will be taken off the top and placed on the bottom of the vehicle with a horn shroud around it so that the horns will sound directional and not spread out to the adjacent neighborhoods.

Commissioner Henley stated he has never seen any greater cooperation on a project. The cities are actually working on their plans for development that is going on. There also has been great cooperation between all the funding partners.

Chairman Dallari commended FDOT and Commissioner Henley for their involvement on this project and for their hard work in making it successful.

Ms. Downs noted that this obviously won’t work without the connectivity. They have done an analysis of which Lynx bus and what stops need to happen to make this successful. FDOT has come up with half the money through some trip projects and there are certain buses that are allocated just for this. As Lynx redefines what routes are the best, they are constantly updating the routes that will go towards the buses for SunRail. She stated they are planning to talk to all the businesses to see what they are going to do to help relieve the congestion. There is going to be a big outreach for that.

Commissioner Henley advised he had a meeting with FDOT and the city of Altamonte Springs staffs in an effort to resurrect the circulator system to kick start that. That will be a great benefit to rail and to the citizens in that area.

-------

Bill McDermott, Economic Development Manager, addressed the Board to introduce Dr. Tom O’Neil, UCF, with regard to the UCF Business Incubator and Winter Springs funding partnership.

Dr. Tom O’Neil addressed the Board to state the County has been a great supporter of entrepreneurs and incubator programs. He briefly updated what they have done over the last 27 months, industries represented, occupancy rate, investment funding, and the average salary. He reviewed what some current client companies have recently accomplished.

Commissioner McLean stated he and Dr. O’Neil have met numerous times and they are developing the type of businesses that they want to stay in Seminole County. He said he would encourage the Board to consider moving forward for years 4 through 6 because of the results.

Commissioner Carey stated as this is an important project, there are a number of incubators throughout the County that they have supported and have paid dividends in jobs to the citizens. She stated they have always allocated $150,000 from the Port of Sanford towards economic development and it might be wise to use those funds instead of paying for this from the General Fund.

Joe Forte, County Manager, addressed the Board to advise the $150,000 from the Port dollars goes towards the SCC Incubator Program. The $300,000 given to the UCF Incubator Program goes into the General Fund and it is basically a General Fund expenditure. If the Board wants to continue the program, it would have to continue it as a budgetary item of the regular General Fund expense.

Dr. O’Neil explained to Commissioner Henley what the impact would be if the lease is not paid when the contract ends.

Commissioner Henley stated he feels the Board needs to continue to support this for a period of time as they are getting good results, but they need to be cautious about making commitments before they even adopt their budget. He said Dr. O’Neil does have a problem on the calendar because their year doesn’t correspond with the County’s fiscal year.

Commissioner Van Der Weide stated he feels this is for a worthy cause and something can be worked out.

Chairman Dallari stated he would like to convert this to the County’s fiscal year and he would like an actual plan to do that this year.

Commissioner Henley suggested the County Manager and staff work with Dr. O’Neil to see how this gap can be covered so it will get in line with the County’s fiscal year.

Commissioner Carey stated she feels Dr. O’Neil is between a rock and a hard place as he needs to know that he can pay the rent on June 1st. She suggested that they consider approving a prorated portion of these line items to get them to the October time frame, and then it can be considered as part of their budget.

Motion by Commissioner Carey to approve a prorated portion of the UCF Business Incubator lease to get them through to the October time frame.

Commissioner Henley seconded the motion, with the understanding that there is no guarantee that once the Board gets into the budget that they will not be able to go beyond that gap. He stated he feels the Board needs to make an effort to try to keep Dr. O’Neil going.

Commissioner Van Der Weide stated he has no problem supporting this, but he does have concerns with what could happen with their budget. There are programs and plans by some commissioners to actually cut the millage more than what it is now.

Upon inquiry by Chairman Dallari, Dr. O’Neil advised he has no problem converting this to the County’s fiscal year as it will help them as well.

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

-------

Chairman Dallari recessed the meeting at 10:25 a.m., reconvening it at 10:35 a.m.

COUNTY MANAGER’S CONSENT AGENDA

Mr. Forte informed the Board that Item #37, Approve Mitigation Reservation Purchase Agreement, has been pulled from the agenda for modification to the legal description. He stated the word “soccer” in the third “Whereas” of Item #33, Approve WSBL Sunshine Youth Sports Agreement, will be changed to “sports” programs.

Ray Hooper, Purchasing Manager, addressed the Board to explain for Commissioner McLean what they are doing with regard to the scope of work for Item #6, Approve Change Order #1 to CC-3464-08.

Jerry McCollum, County Engineer, addressed the Board to discuss with Commissioner Carey the availability of money for Lake Hodge outfall (easements) for Item #21, Approve BAR #10-65, $432,350.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to authorize and approve the following:

Purchasing & Contracts Division

5. Authorization to initiate a lawsuit in Seminole County Court against David L. Hedrick to recover $95,756.85 paid under RFP-600138-07/TLR, Purchase Order 18029.

6. Approve Change Order #1, as shown on page _________, to CC-3464-08/VFT – Expansion & Revegetation of the Sweetwater Cove Treatment Pond with All American Concrete, Inc. of Largo, Florida, in the amount of $42,442.20.

7. Approve the Assignment, as shown on page ________, of two (2) Agreements to VHB MillerSellen of Orlando, Florida. This is due to the recent merger between two companies; Miller Sellen Connor & Walsh, Inc. and Vanasse Hangen Brustlin, Inc. of Orlando, Florida, which became effective April 10, 2010.

8. Approve Termination for Convenience of PS-3556-08/JVP with PEC, Inc. of Orlando, Florida, and authorize staff to issue final notice of termination.

Community Services

Community Assistance Division

9. Authorize staff to prepare a Substantial Amendment to the 2005-2009 Consolidated Plan and the 2008-2009 and 2009-2010 One-Year Action Plans, regarding the CDBG and CDBG-R Programs.

10. Approve and authorize the Chairman to execute the Training Provider Agreement, as shown on page ________, with Stetson University, Inc. and Seminole County.

11. Approve and authorize the Chairman to execute the Amendment, as shown on page ________, to Seminole County/Community Based Care of Seminole, Inc. Homelessness Prevention and Rapid Re-Housing Program (HPRP) Subrecipient Agreement Program Year 2009-2010.

12. Approve and authorize the Chairman to execute the First Amendment, as shown on page ________, to the CDBG-R Subrecipient Agreement between Seminole County and the Housing Authority of the City of Sanford which allows for direct payment to the contractors undertaking these projects and extends the completion date and expiration date by one month for infrastructure improvements at both Castle Brewer Court and Redding Gardens public housing complexes.

13. Approve and authorize the Chairman to execute the Seminole County/City of Sanford HUD/CDBG Subrecipient Agreement Program Year 2009-2010, as shown on page ________.

Environmental Services

Solid Waste Management

14. Approve and authorize the Chairman to execute Certificate, as shown on page ________, of Public Convenience and Necessity for Safety-Kleen Systems, Inc.

15. Approve and authorize the Chairman to execute Certificate, as shown on page _________, of Public Convenience and Necessity for Liberty Tire Recycling, LLC.

Fiscal Services

Business Office

16. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _________, with the Florida Department of Community Affairs in acceptance of $432,350 through their Community Development Block Grant - Disaster Recovery Program.

17. Approve and authorize the Chairman to execute an Agreement, as shown on page ________, with the Area Agency on Aging of Central Florida (d/b/a Senior Resource Alliance) which details the County's commitment to providing application intake services for the Emergency Home Energy Assistance Grant Program.

18. Approval to submit a Grant Application to the U.S. Department of Homeland Security requesting approximately $105,000 through their Assistance to Firefighters Program, and authorize the Acting County Manager to execute any documents as may be required for the application.

Budget Division

19. Approve and authorize the Chairman to execute appropriate Resolution #2010-R-105, as shown on page ________, implementing Budget Amendment Request (BAR) #10-62 through the Natural Lands/Trails Fund in the amount of $325,000 to provide funding for the design and construction of a trail and sidewalk along the Seminole Wekiwa Trail.

20. Approve and authorize the Chairman to execute appropriate Resolution #2010-R-106, as shown on page ________, implementing Budget Amendment Request (BAR) #10-63 through the Public Works Grant Fund in the amount of $75,000 to provide funding for the Lake Jessup Shoreline Restoration Project.

21. Approve and authorize the Chairman to execute appropriate Resolution #2010-R-107, as shown on page ________, implementing Budget Amendment Request (BAR) #10-65 through the Community Service Grant Fund in the amount of $432,350 to increase funding for the Community Service Grant program.

22. Approve and authorize the Chairman to execute appropriate Resolution #2010-R-108, as shown on page ________, implementing Budget Amendment Request (BAR) #10-66 through the General Fund in the amount of $7,200 to appropriate Help America Vote Act grant.

23. Approve and authorize the Chairman to execute appropriate Resolution #2010-R-109, as shown on page ________, implementing Budget Amendment Request (BAR) #10-67 in the amount of $26,220 through various funds and departments to reflect midyear adjustments to selected grants.

Growth Management

Planning & Development Division

24. Accept a replacement Cash Completion Bond, as shown on page _______, for Roads (and Infrastructure) improvements in the amount of $110,024.06; and authorize the release of the Cash Completion Bond for Roads (and Infrastructure) improvements in the amount of $167,571.09 for Terracina at Lake Forest Fourth Amendment. (Taylor Morrison of Florida, Inc.)

25. Adopt and authorize the Chairman to execute appropriate Resolution #2010-R-110, as shown on page ________, vacating and abandoning a portion of a platted utility easement on Lot 24, Palm Point, as recorded in the Public Records of Seminole County, Florida in Plat Book 50, Pages 69-71 in Section 32, Township 19 S, Range 31 E and further described as 2493 Daffadil Terrace. (Pauline E. Higgins)

26. Approve and authorize the Chairman to execute the Final Plat for Terracina at Lake Forest Fourth Amendment. (Taylor Morrison of Florida, Inc.)

27. Approve the Release of Lien, as shown on page _________, in the amount of $4,200.00, Case No. 07-110-CEB, on 2844 Lexington Court, Oviedo, Tax Parcel #28-21-31-503-0000-0400, previously owned by Luis Latorre and Maria Aramillo and currently owned by Consumer Solutions REO, LLC.

28. Approve the Release of Lien, as shown on page _________, in the amount of $26,600.00, Case No. 07-78-CEB, on 7511 Village Green Drive, Winter Park, Tax Parcel #35-21-30-510-0000-0140, previously owned by Diane Martin and currently owned by Deutsche Bank National Trust.

29. Approve and authorize the Chairman to execute the Final Plat for Hidden Creek Subdivision; located on the east side of Hester Ave., ¼ mile south of CR 427 in Section 23, Township 20, and Range 30. (Hugh Harling, Harling Locklin)

30. Approve Energy Efficiency & Conservation Strategy List of Projects and authorize the Chairman to sign the Statement of Work, as shown on page ________.

Leisure Services

Library Services Division

31. Approve and authorize the Chairman to execute Entertainment Service Agreements, as shown on page _______, with the following various contractors to provide children's programs at the branch libraries as part of the Summer Reading Program: Banks Helfrich; Tim Scarbrough d/b/a Lyndel & Company; Kate Adams; Jeffrey Voegele; and Rick Samlin.

Parks & Recreation Division

32. Approve and authorize the Chairman to execute the Agreement, as shown on page ________, with Speed To Win to offer specialty sports training.

33. Approve and authorize the Chairman to execute the Agreement, as shown on page ________, with WSBL Sunshine Youth Sports to offer Summer Sports Programs, as amended.

34. Approve and authorize the Chairman to execute the Agreement, as shown on page ________, with Innovative Soccer Network.

Public Works

Engineering Division

35. Approve and authorize the Release of a Right-of-Way Utilization Permit Maintenance Bond (Number 3-944-379) in the amount of $7,176.20 submitted for road improvements in conjunction with the Riverside Terrace - Riverside Retail Shoppes Project.

Roads – Stormwater Division

36. Approve and authorize the Chairman to execute Contract Number FWC 09244, as shown on page ________, with the Florida Fish and Wildlife Conservation Commission (FWC) in conjunction with the Lake Jesup Shoreline Restoration Project.

37. Pulled from the agenda request to approve and authorize the Chairman to execute a Mitigation Reservation Purchase Agreement (MRPA) for the Purchase of Wetland Mitigation Units by Seminole County in conjunction with the Ronald Reagan Boulevard (County Road 427, Phase VI) Road Improvement Project from Schrimsher, Inc., owner of the Lake Jesup Mitigation Area.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

38. Expenditure Approval Lists, as shown on page _________, dated April 5, 12 and 19, 2010; and Payroll Approval List, as shown on page ________, dated April 15, 2010; BCC Minutes dated April 13, 2010.

Sheriff’s Office

39. Approval by the Board of County Commissioners to expend $5,000 from the Law Enforcement Trust Fund to provide for a contribution to Safe House of Seminole.

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

-------

The Board noted, for information only, the following Clerk’s “received and filed”:

1. Work Order #34, as shown on page ________, for CC-1284-06.

2. Amendment #1, as shown on page ________, to Work Order #11 for PS-1074-06.

3. Conditional Utility Agreements, as shown on page ________, for Water and Sewer with Cathcart Florida-Mikler, Inc.

4. Development Orders, as shown on page ________, for the following: Ricardo & Katya Galbis, 105 Hickory Tree Road; Carl A. & Aileen B. Carothers, 1330 Palm Dr.; Cesar F. & Margaret L. Baro, 9800 Bear Lake; Harry W. & Mary M. Carls, 431 Daytona Ave.; John & Pamela Kacerosky, 1315 Windsor Ave.; James Anderson, 200 Tangelo Ave.; Sebastian Aloi, 2617 Tierra Cir.; Steven Pacetelli, 950 North Street; Louis L. Huntley, Enterprises, 915 Silkwood Court; and Dale F. & Donna J. Kundis, 4646 Tiffany Woods Cir.

5. Work Order #33, as shown on page ________, for RFP-4277-09.

6. Work Order #18, as shown on page ________, for CC-2190-07.

7. Closeout, as shown on page ________, of Work Order #30 for CC-1075-06.

8. Amendment #3, as shown on page ________, to Work Order #27 for RFP-4277-09.

9. Work Order #5, as shown on page ________, for PS-4572-09.

10. Amendment #2, as shown on page ________, to Work Order #5 for PS-5173-04.

11. Work Order #70, as shown on page ________, for RFP-4214-04.

12. Amendment #1, as shown on page ________, to Work Order #1 for PS-3065-08.

13. Amendment #1, as shown on page ________, to Work Order #56 for PS-1529-06.

14. Work Order #70, as shown on page ________, to RFP-4214-04.

15. Amendment #2, as shown on page ________, to Work Order #55 for PS-1529-06.

16. Change Order #1, as shown on page ________, to CC-4082-08.

17. Letter of Understanding, as shown on page ________, between Seminole County and the city of Sanford for Ambient Environmental Monitoring.

18. Original Local Agency Program Agreement, as shown on page ________, with FDOT relating to Ridgewood Street, Alpine Street and Palm Springs Drive Sidewalks, as approved by the BCC on Nov. 10, 2009.

19. Letter from Robert Bryan, Twenty First Century Communications, and response letter from Tammy Roberts, Purchasing, re: Public Records Request.

20. Work Order #2, as shown on page ________, to PS-4388-09.

21. First Amendment, as shown on page ________, to PS-2084-07.

22. Bid-600868-10, Contract Services Agreement, as shown on page ________, for Lake Proctor Wilderness Area Habitat Chopping and Fire Line Construction, J.D. Sunny Isle, Inc.

23. Closeout, as shown on page ________, for Work Order #12 to CC-2184-07.

24. Work Order #71, as shown on page ________, to RFP-4214-04.

25. Work Orders #32 & #33, as shown on page ________, to PS-0381-06.

26. Amendment #2, as shown on page ________, to Work Order #1 to PS-3556-08.

27. Amendment #1, as shown on page ________, to Work Order #117 to PS-5165-04.

28. Closeout, as shown on page ________, for CC-3445-08.

29. Amended and Restated Brooks Landing PUD Developer’s Commitment Agreement, as shown on page ________.

30. Addendum #1, as shown on page ________, to the Software and Services Agreement with Halogen Software, Inc.

31. Amendment #2, as shown on page ________, to Work Order #58 to PS-1529-06.

32. Amendment #2, as shown on page ________, to Work Order #21 to PS-5190-05.

33. Work Order #45, as shown on page ________, to CC-1075-06.

34. Attachment G, as shown on page ________, to CDBG 2008 Disaster Recovery Program Grant Application as approved by the BCC on January 12, 2010.

35. Amendment #2, as shown on page ________, to Work Order #7 to PS-5140-03.

36. M-5501-10 Agreement, as shown on page ________, Infrastructure Engineers, Inc.

37. Warranty Deed, as shown on page ________, with Vernice W. Walker for the Chapman Road project.

38. Parks Contract, as shown on page ________, with Dora Gracey.

39. Memorandum to Ann Colby, Assistant County Attorney, from David Shields, Assistant County Attorney, re: Basic Services Agreement request for Ritchie v. Seminole County.

40. Amendment #1, as shown on page ________, to Work Order #8 to PS-5157-04.

41. Work Order #6, as shown on page ________, to PS-5172-04.

42. Amendments #1, as shown on page ________, to RFP-4277-09, Ruby Builders, Woodard Construction, and Miller Construction.

43. Work Order #5, as shown on page ________, to PS-4388-09.

44. Litigation Support Services Agreement, as shown on page ________, Southeastern Surveying and Mapping Corp.

45. Parks Contracts, as shown on page ________, for Patricia Dale Moore, Rolland K. Shea, and M. Virginia Tolego.

46. W.O. #37, as shown on page ________, to RFP-4277-09/RTB.

47. Amendments #1, as shown on page ________, to RFP-4277-09

48. IFB-600806-10 Contract, as shown on page ________, Asphalt Recycling, Inc.

49. Bids for #600868-10 and CC-5392-10.

REGULAR AGENDA

Tina Williamson, Planning Manager, addressed the Board to present request to reduce two Code Enforcement Board liens, which total $95,450.00, one for $11,900.00 and one for $83,550.00, to $47,725.00 plus the administrative costs of $1,674.93, for a total amount due of $49,399.93 for Case #04-67-CEB on the property located at 111 Ford Avenue, Altamonte Springs, owned by Isiah & Ethel L. Troutman c/o James Johnson. She reviewed the history of the violation as outlined in the agenda memorandum. She advised taff recommends reducing the amount of the two CEB liens for a total amount of $49,399.93.

James Johnson addressed the Board to state he is sorry that this happened again. He stated the property was cleaned up and the purpose of the last violation was the truck was not parked in the driveway. Speaker Request Form was received and filed.

Upon inquiry by Commissioner Henley, Mr. Johnson advised he resides at the property in question. He stated he removed all the vehicles except for one. He said he doesn’t have that kind of money to pay for the fine and he is here to ask for forgiveness. He added his brother had been working on the vehicles and he is not living there anymore and won’t be coming back. He said the vehicles were removed from the property and he didn’t know that the fine was running.

Commissioner Henley requested that staff meet with Mr. Johnson to determine what he can pay monthly. He said he doesn’t want the fine to be wiped clean, but he doesn’t want the fine to revert back to $95,000 as well. He added he would like to see what they can do to accommodate Mr. Johnson.

Motion by Commissioner Henley, seconded by Commissioner Carey to continue request to reduce two Code Enforcement Board liens, which total $95,450.00, one for $11,900.00 and one for $83,550.00, to $47,725.00 plus the administrative costs of $1,674.93, for a total amount due of $49,399.93 for Case #04-67-CEB on the property located at 111 Ford Avenue, Altamonte Springs, owned by Isiah & Ethel L. Troutman c/o James Johnson, to allow staff time to meet with Mr. Johnson to work out a payment plan.

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

Commissioner Henley asked Mr. Johnson to meet with staff to work something out with regard to a payment plan.

Chairman Dallari informed Mr. Johnson that none of the actual costs are being deferred, but they will figure out how much he can pay and it will come back to the Board.

--------

Request to provide a ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA), and authorize the Purchasing & Contracts Manager to Award and execute a Master Services Agreement (MSA) for PS-5438-10/VFT - Master Services Agreement for Major Water Treatment Plant Upgrades (Estimated Term Usage Amount of $10,000,000.00), was presented.

Chairman Dallari stated this program is greatly needed and he feels this type of project should be negotiated with one company.

Commissioner Henley stated he has met with staff on this and he feels that, if they go with one company, it will give them more consistency in standardizing the jobs they are putting out. He said he can support going with one company.

Commissioner McLean stated he would agree with Commissioners Dallari and Henley as the standardization and consistency aspect would allow them to be more efficient.

Commissioner Van Der Weide stated time is of the essence with this project.

Commissioner Carey stated she understands going with one firm, but if they do something different they could standardize it through their own requirements because it is a lot of work to give one firm.

Robert McMillan, County Attorney, submitted business cards to each Board member to allow them an opportunity to select the company that they want ranked number one. He advised that Commissioners Dallari, Van Der Weide and Henley selected Reiss Engineering, and Commissioners McLean and Carey selected Camp, Dresser & McKee, Inc. The business cards showing the firms selected were received and filed.

Mr. McMillan submitted business cards for the Board to select the number two firm. He stated Commissioners Dallari, Van Der Weide, Henley and Carey selected Camp, Dresser & McKee, Inc., and Commissioner McLean selected Reiss Engineering. The business cards showing the firms selected were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to formalize the ranking; authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA), and authorize the Purchasing & Contracts Manager to Award and execute a Master Services Agreement, as shown on page _______, (MSA) for PS-5438-10/VFT - Master Services Agreement for Major Water Treatment Plant Upgrades. (Estimated Term Usage Amount of $10,000,000.00), with: (1) Reiss Engineering, Inc.; (2) CDM; and (3) Tetra Tech.

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

Chairman Dallari stated since this is a time issue with the statutory requirements, he would like to see if the Board is willing to do a contractor at risk and bring back an RFP for C&M at risk so they can obtain a contract.

Upon inquiry by Commissioner Carey, Chairman Dallari advised he would like to bring back both a C&M and C&M at risk so they can review the pros and cons. The Board voiced no objections.

--------

Lisa Spriggs, Fiscal Services Director, addressed the Board to present request to approve a Resolution implementing BAR #10-61 in the amount of $6,624,587 through various funds and departments to reflect midyear budget reductions and adjustments.

Upon inquiry by Commissioner Carey, Attorney McMillan advised he has had to increase his outside attorney budget line by $20,000 due to all the lawsuits and grievances mostly as a result of the lay-offs.

Motion by Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution #2010-R-111, as shown on page _________, implementing Budget Amendment Request (BAR) #10-61 in the amount of $6,624,587 through various funds and departments to reflect midyear budget reductions and adjustments.

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

Robert McMillan, County Attorney, left the meeting at this time.

-------

Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-112, as shown on page _________, implementing Budget Amendment Request (BAR) #10-64 in the amount of $5,675,600 through various funds and departments to change the accounting treatment of administrative fee revenue to expenditure reimbursements.

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

Mr. McMillan reentered the meeting at this time.

COUNTY MANAGER’S REPORT

Mr. Forte stated he will provide an update on the Contra Accounts this afternoon.

Chairman Dallari requested that staff submit the update to both the Commissioners and Clerk before the lunch break.

-------

The Chairman recessed the meeting at 11:10 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

CITIZEN’S COMMENTS

Rev. Samuel Duncan addressed the Board to discuss an issue with the Seminole County’s Community Assistance Office. He stated he was a qualified recipient of the NSP (Neighborhood Stabilization) Program and has been approved by the SHIP Program since 2008. He explained he completed all the paperwork and provided information required but when he called the office on May 3, he was told by County staff that he had been dropped from the program.

Chairman Dallari asked Mr. Forte to schedule a meeting with Mr. Duncan to determine what happened.

PROOFS OF PUBLICATION

Motion by Commissioner Henley, seconded by Commissioner McLean, to authorize filing the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

JITWAY ADMINISTRATIVE

REZONE/SEMINOLE COUNTY

Proof of publication, as shown on page _______, calling for a public hearing to consider the Jitway Administrative Rezone from R-1 (Single-Family Dwelling) to PLI (Public Lands & Institutions) on 8.85 acres located on the east side of Jitway, approximately 500 feet north of SR 46, Seminole County, received and filed.

Joy Williams, Planner, addressed the Board to present the request, stating the Planning and Zoning (P&Z) Commission met on May 5, 2010, and voted unanimously to recommend approval of the rezoning to PLI and staff is also recommending approval.

Commissioner Carey asked Ms. Williams if she could tell her what’s being done about the septic tank issue at this site. Ms. Williams advised she did not have any additional information at this time.

Mr. Forte stated as they were moving forward on bringing the Health Department and 4C was going through the zoning process, staff realized that the zoning did not meet that use. They were advised that the Health Department would not pass the septic system that was in place. They had funds that had to be spent by June, so the project is falling apart. He said 4C cannot operate off that property until a sewer line is installed. He thinks it would cost about $400,000 to extend the line to the School Board property.

Commissioner Carey said it is curious that the public school could have operated all those years and now the plan is to have just a small group of people, and it’s not going to be allowed.

Mr. Forte explained it’s because the School Board falls under a different set of rules. The septic system was never approved. Now that the plan is to bring someone other than the school on the site, it now has to meet and be brought up to the County code.

Pastor Emory Blake, 2040 Sipes Avenue, representing the Midway Community, addressed the Board and asked several other Midway residents to stand who were in attendance. Mr. Blake stated the old Midway Community Center received funds through the County for insurance and there should be from $800,000 to $1.2 million that should be in escrow because of the damage that was done to the old Community Center. It is the consensus of the residents that those funds be used to enhance the old Midway School so they can have a Community Center to serve the people of Midway. He said the old Midway School plays a very important part of their history and they would like to keep it intact.

Commissioner Carey said she asked about that and the number she got back was not that substantial.

Mr. Blake said they feel that amount would be adequate to fulfill what needs to be done. He questioned why the school was allowed for some 400 students and now the plan is for less than that and it creates a problem. He said it is the consensus of the community as well as the Sheriff that to put anything else on the site would be degrading to them. He said the residents agree with the rezoning.

No one else spoke in support or in opposition.

Speaker Request Form for Mr. Blake was received and filed.

District Commissioner Carey said she thinks while this item is for rezoning, the discussion about the Midway Community Center needs to come to some resolution. This has been going on for several years, but she doesn’t know if they have collected the money or not.

Mr. Forte stated if they tear down the old building, they would collect whatever dollars the County and insurance company agree on. If they rebuild, they would have to cover any expenses over the insurance. He said the Sheriff is not recommending rebuilding at the current site. He reiterated to Commissioner Carey that the septic requirement falls under the Health Department’s jurisdiction. It is because it is a different use going in that different rules would apply to that use.

Commissioner Henley stated he thinks they need to schedule this discussion for another time because what is being discussed is not germane to what is on the agenda at this time.

Chairman Dallari said he would like to continue the item to find out what is the best avenue to move forward.

Mr. Forte said the rezoning doesn’t affect whose jurisdiction or what will happen with the Community Center. He said the Board can continue the discussion that Commissioner Carey is talking about.

Commissioner Carey stated she would like to see this get resolved and, if needed, to bring it back to the Board for a vote. She said they can’t just keep telling the citizens they are working on this when they don’t have a plan.

Chairman Dallari stated he had no problem with putting this on the agenda in the near future.

Commissioner Van Der Weide stated the public needs to understand that as long as the site is a school, it is under one set of rules. When it comes to the septic tank, there is a set of rules that have to be followed. As soon as the School Board gives up ownership, it falls under the State.

Commissioner Carey stated she was ready to move forward with the rezoning, but she would like to see the other discussion come back in the near future.

Motion by Commissioner Carey, seconded by Commissioner Henley, to enact Ordinance #2010-6, as shown on page _______, approving the Jitway Administrative Rezone from R-1 (Single-Family Dwelling) to PLI (Public Lands & Institutions) on 8.85 acres located on the east side of Jitway, approximately 500 feet north of SR 46; as described in the proof of publication, Seminole County.

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

Chairman Dallari asked Mr. Forte to instruct staff to gather the necessary on the septic tank information to put on the Board’s agenda.

SMALL SCALE FLU AMENDMENT

AND REZONE/FRANK MCMILLAN

Proof of publication, as shown on page _______, calling for a public hearing to consider the Small Scale Future Land Use Amendment from Public (PUB) to Commercial (COM) on 0.24 acres; and Rezone from R-2 (One and Two-Family Dwelling) to C-2 (Retail Commercial) on 0.73 acres located southeast of the intersection of SR 436 and Forest Lake Drive, Frank McMillan, received and filed.

Ian Sikonia, Planner, addressed the Board to present the request, stating staff received no letters of support or opposition to the request. He advised the P&Z Commission met on April 7 and voted 7 to 0 to recommend approval of the amendment to Commercial and rezoning to Retail Commercial. He said staff is also recommending approval of the requested amendment and rezoning.

Frank McMillan, applicant, 655 N. Wymore Road, representing the Florida Conference Association of Seventh-Day Adventists (property owner), addressed the Board to state the property is unusable for any purpose other than a public purpose and is now in private hands. He has met with Ben Tillman, Jr., and Ben Tillman, Sr., who are property owners to the south and he understands their concerns. He further stated that he concurs with the staff recommendation. There are no contracts on the property and no negotiations for the property. He cannot tell what the property will be used for in the future. They have an interest in keeping the property up and will continue to have that property developed, if and when it is, in a high quality.

Robert Swofford, Jr., 400 Forest Lake Drive, addressed the Board to state he resides exactly west of the subject property and his picture window goes directly east. He said he has done his best to maintain his property, and not so commercial property can abut facing his house. He is not in opposition to changing the smaller site that is farther away to commercial. That would be the smaller site. He said he realizes the worth of the property on 436, but this is one of the oldest residential areas left in this city. He said his roots go back to the 50’s and he is basically in the house he was raised in. He doesn’t see why the rush to go to commercial with the one section which is R-2. He doesn’t see why he has to give up his view. He doesn’t understand why someone wants to increase his taxes without something going on.

Ben Tillman, 425 Forest Lake Drive, addressed the Board to state his father’s address is 415 Forest Lake Drive, and he grew up at both addresses and the ties run deep. He said nobody can tell them what is going to happen. He feels like he’s stuck. He explained he takes care of his elderly parents.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Upon inquiry by Commissioner Carey, Mr. Sikonia advised Mr. Swofford has a couple of houses and barns on his property. On the corner of 436 is an easement for a power line. When he visited the site, he did not see any development at this time on the property zoned PUD.

District Commissioner Van Der Weide said the subject property is the site of the County’s first fire department. The County only got that site originally because of the Seventh-Day Adventists. He said everything the Seventh-Day Adventists have developed is first-class. They have always done a wonderful job. He can understand the residents’ concern, but they are talking about SR 436. The fact the residents have been able to enjoy the property and this scenery this long is hard to believe. It is good for them, but he doesn’t know that you can get around progress. With whatever the applicant does, he will take input from the neighbors and they will do a good job. He said he can’t see any reason why he can’t recommend this request.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to enact Ordinance #2010-7, as shown on page _______, approving Small Scale Future Land Use Amendment from Public (PUB) to Commercial (COM) on 0.24 acres; and enact Ordinance #2010-8, as shown on page _______, rezoning from R-2 (One and Two-Family Dwelling) to C-2 (Retail Commercial) 0.73 acres located southeast of the intersection of SR 436 and Forest Lake Drive; as described in the proof of publication, Frank McMillan.

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

LEGISLATIVE UPDATE

ACM Sabrina O’Bryan addressed the Board to provide an update on the legislative activities. She advised she had contacted the State lobbyists to determine if they would be available June 8 or June 22 to attend the BCC meeting, and they are checking their calendars. She asked the Commissioners if they had a specific date they preferred in June; and Chairman Dallari said June 8.

Ms. O’Bryan said she believes the Commissioners received information from FAC (Florida Association of Counties) that they are doing a tour all about Florida. FAC representatives will be in Brevard County on June 9 and she invited the Commissioners to attend. The goal is awareness with FAC and the opportunity to speak with their president directly. They are traveling to several counties across Florida.

Ms. O’Bryan reported there are approximately 47 bills at this point that have been approved by the Governor. There are about 230 more to go to his office. She said TABOR was denied; the First Time Homeowner Homestead Effort and Bill 1254 was denied. The Tourist Development Tax was postponed for another year. The Sovereign Immunity caps were increased to $200,000 per person and $300,000 per occurrence. The E-9-1-1 fee for the calling cards has been postponed until 2013 and will be brought back at that time. Ms. O’Bryan corrected the report distributed yesterday afternoon on page 3 regarding Road and Bridge Designations. She stated Seminole Way was included in HB 5 and it was passed. It has not yet been transferred to the Governor’s Office. HB 5607, relating to DROP, was approved. It has not been transferred to the Governor’s Office. The percentage for DROP will decline from 6.5% to 3% effective July 1, 2010. Ms. O’Bryan said staff did partake in several wrap-up sessions held last week, and they are still doing the analysis. They will be prepared to come back in the next Board meeting and give any financial implications. She further reported that the bill with the septic tank language (SB 550) was approved, and she believes the language was softened. Commissioner Carey asked her to give details of that bill and if it has been signed by the Governor. She advised Commissioner Carey that she doesn’t believe the bill was signed by the Governor yet.

Commissioner Henley asked if the Board had taken a different position on notifying the Governor. Chairman Dallari said he didn’t have a problem with that. Commissioner Carey said she needs to see the details. She said for those bills the Board sent a resolution or letter about, they ought to follow up quickly and figure out what they need to do.

Mr. McMillan said the Legislature passed the red light running bill; however the State is taking most of the money.

CHAIRMAN’S REPORT

Chairman Dallari stated he has scheduled a joint work session with the BCC, School Board and City Mayors on the One Cent Sales Tax for May 25 at 10:00 a.m. There were several questions from the original meeting and he hopes to get the information; and, when it comes in, he will circulate it to the BCC, School Board and Mayors.

-------

Chairman Dallari advised he had lunch with Judge Dickey on April 20 regarding the foreclosure and property management issue. He recommended the Board ask the County Attorney to speak with the Judge to see what can be done administratively. The Board voiced no objections for Mr. McMillan to do as suggested. Whereupon, Chairman Dallari asked Mr. McMillan to meet with Judge Dickey and report back to the Board on the meeting.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated March 30, 2010, from Congresswoman Corrine Brown to Chairman Dallari re: Congratulations on the expansion of the regional water treatment facility at Yankee Lake. (cc: BCC, County Manager, Environmental Services)

2. Letter (with attachment) dated April 16, 2010, from Sean M. Snaith, University of Central Florida, to Chairman Dallari re: Copy of March 2010 Florida & Metro Forecast.

3. Copy of letter dated April 25, 2010, from Rudolph Keinath, Oviedo, Florida, to Gary Rudolph, Environmental Services, re: Problem with Hydrogen Sulphide in his water supply. (cc: BCC, County Manager)

4. Letter (w/attachment) dated April 30, 2010, from Todd Hammerle, Florida Department of Transportation, to Chairman Dallari re: Public Hearing Announcement on May 25, 2010, and May 27, 2010, regarding SunRail. (cc: County Manager, Engineering)

5. Notice received May 4, 2010, from city of Sanford Community Redevelopment Agency, re: Agenda of meeting to be held on Wednesday, May 5, 2010. (cc: BCC, County Manager, Growth Management)

6. Letter dated May 5, 2010, from Richard Davison, Council on the Social Status of Black Men and Boys, to Chairman Dallari re: Meeting and Public Forum to be held at the Dr. James R. Smith Neighborhood Center, 1723 Bruton Boulevard, Orlando, FL, on Thursday, May 27, 2010, from 4:00 p.m. to 6:00 p.m. to identify and assist with implementation of programs and services to improve the lives of black men and boys.

7. Copy of letter dated May 5, 2010, from Kathleen Furey-Tran to Prabodh C. Patel, Esq., re: Response to complaint from Sun State Trees forwarded to Chairman Dallari from Senator Bill Nelson’s Office. (cc: BCC, County Manager, Growth Management)

8. Letter dated January 21, 2010, (received May 5, 2010) from Ken Terrell, Friends of Lake Howell, to Chairman Dallari re: requesting a letter or resolution from the BCC that a public hearing will be held before any decision is made by Seminole County to proceed with any further design of a boat ramp at the Redbug Outfall site. (cc: County Manager, Growth Management, Leisure Services)

9. Letter dated May 6, 2010, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: Programming changes coming on or after June 8, 2010.

10. Letter (w/attachment) dated May 6, 2010, from Sarah Mirus, city of Longwood, to Chairman Dallari re: Resolution 10-1244 – Adoption of the updated Local Mitigation Strategy Document for 2010 through 2015 for Seminole County. (cc: BCC, County Manager, Growth Management)

11. Letter (w/attachment) dated May 7, 2010, from Linda Sundvall, city of Altamonte Springs, to Chairman Dallari re: Voluntary Annexation of Lots 42, 43, 44 and a portion of the vacated George Street located north of East Altamonte Drive (SR 436) and west of Leon Street into the city of Altamonte Springs. (cc: BCC, County Manager, Growth Management)

12. Letter (w/attachment) dated May 7, 2010, from Linda Sundvall, city of Altamonte Springs, to Chairman Dallari re: Voluntary Annexation of the south portion of the former Forest City Cove Right-of-Way, adjacent to South SR 434 into the city of Altamonte Springs. (cc: BCC, County Manager, Growth Management)

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Henley asked if the Commissioners had seen the announcement about U.S. Secretary Hood that $175 million of federal funds is being made available to mass transit providers for upgrading, new buses and bus-related equipment. He said Lynx will be submitting an application to try to upgrade their system and get some new buses. He thinks they have a good chance of getting some money.

-------

Commissioner Henley said he received a letter from Ken Tenell from the Friends of Lake Howell commending the Board for moving forward with construction of a stormwater facility at the Red Bug Road outfall. He said when the St. Johns RWM District approved the application, it indicated something for a future boat ramp going into that lake. He’s saying the Friends of Lake Howell wish to participate in a public hearing on that issue.

Chairman Dallari said he thinks that was taken out of the plan a couple of years ago. Discussion ensued among the Board.

Mr. McCollum stated as of today, he knows the boat ramp was not in the construction plans.

Chairman Dallari asked if the Board had any objections to sending a letter for clarification to Mr. Tenell. There were no objections. Mr. McCollum stated he would be happy to draft the letter for the Chairman.

-------

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution 2010-R-113, as shown on page _______, in appreciation to Kimberly Day for her service on the P&Z Commission and appoint Elizabeth Green to the P&Z Commission for the remaining term.

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

-------

Commissioner Carey announced that there will be a public hearing on the Central Florida Commuter Rail on Thursday, May 27, 6:00 p.m. at Sanford City Hall.

-------

Commissioner Carey advised she received from NACo information on the Health Reform Law and how it will affect the county. She passed that on to Mr. Forte. A meeting is scheduled this Friday at 3:30 p.m. and she wants to make sure someone sits in on the webinar, as she thinks they need to know what impact this can have on the County.

-------

Chairman Dallari stated Casselberry has an annexation policy for water. There are five subdivisions where once the property changes hands, and they put in new water service for changing the billing, they will automatically be annexed into the city of Casselberry. He asked Mr. McMillan to look into this.

Mr. McMillan explained the residents are not being annexed upon turning on the water, but they are required to sign a petition to annex so that whenever they become contiguous to the City, they agree to annex. He said he has case law that the City can change to the water service contingent upon agreeing to be annexed. Unless someone is willing to fight it, he doesn’t know how this can be stopped. He stated this has been going on for a long time.

-------

Commissioner McLean stated the Board might recall the County had public work session discussions with interested citizens regarding Jetta Pointe on the progress and what the plans are. During that meeting, some Winter Springs residents felt they had not had an opportunity to learn as much about the project as they would like. His suggestion is to try to communicate and give information to the folks affected and have some kind of meeting restating the history of the project and what the County has done, and have that information available to the interested parties.

Commissioner Henley said he thinks they just provided that update to the Mayor yesterday. Upon direction from the Chairman, Mr. McMillan distributed to the Board copies of a memorandum (copy received and filed) to Mr. Forte from Alison Stettner on a timeline of meetings held regarding Jetta Pointe Park. Chairman Dallari noted that, additionally, there was a presentation made to Winter Springs that was held in 2005.

Commissioner Carey reviewed the meeting schedule and asked if it takes that long for this to go through the city of Winter Springs’ process. Mr. Forte said yes, this is a large scale amendment.

Alison Stettner, Acting Growth Management Director, addressed the Board to state the large scale land use amendment will go through the city of Winter Springs so there will be additional meetings and community input through the City, as well as there will be an aesthetic review. There will be additional meetings before the City Commission and P&Z.

Upon inquiry by Commissioner Carey, Chairman Dallari advised staff if they can put the concept plan on the web site, he thinks that would be advantageous. He asked staff to also put information about the funding on the web site so the public can understand that.

Frank Raymond, Central Services Director, addressed the Board to state everything Commissioner McLean said was discussed at the meeting with Winter Springs on April 28.

Commissioner McLean said he is not getting a feeling that a future meeting is what the Board wants to do, but he agrees with Commissioner Carey that if the information is on the web site, that will solve a lot of the problems.

Commissioner Henley stated he had a call from the Mayor that there are certain individuals trying to rally against the project, so Mr. Forte sent him this outline of what has already been done. They were trying to diffuse the situation last night if people showed up. He said they are overlooking the potential economic impact that the park could have for the County as well as for the public. He has heard another concern is drainage and the County has sent someone to look at that.

Commissioner McLean said he agrees the web site is the minimum they can do. He asked that they have a forum so they can directly address the questions.

Commissioner Henley said he met with staff on the questions so the staff can address them and put them on the web site also.

-------

Commissioner Van Der Weide stated he has an issue that is countywide, though it is a first-time issue in his district. He had some constituents to call him about gambling storefront operations. He said the public is upset about it and they are looking for something to happen. The Board addressed gambling in their Charter in 1996. He thinks this is an issue that law enforcement needs to address. He has talked to many businesses and individuals. It is alarming that this is going on and how long they have allowed it to go on. He said he contacted the Sheriff’s Office and got responses back from the Chief, not the Sheriff. Commissioner Van Der Weide stated the State Attorney has a policy on this, and it is up to local law enforcement to close these places down.

Chairman Dallari said it is obvious that the Charter does not allow this activity. He asked the County Attorney what would be the appropriate steps to take.

Mr. McMillan said what is alleged is that illegal gambling is being done and that is a law enforcement issue. He doesn’t know what the County can do.

Commissioner Van Der Weide said the Tax Collector is turning down the applications for such businesses. He said he has done a lot of work on this and he doesn’t like what is going on.

Commissioner Henley stated one of the members of his church owned a business in the area and he informed him about three weeks ago about what was going on. He has called the Sheriff on two or three occasions about what is going on outside the building.

Mr. McMillan said what is being done is already illegal. Staff can do some research on some alternatives. He said this is dealing with criminal conduct and the staff generally don’t have the investigative tools to find out what’s really going on.

Commissioner Carey said she thinks it is a zoning violation as well. They can make a call to the Sheriff, based on the information Commissioner Van Der Weide sent, and she is sure he will investigate and take some action.

Commissioner Van Der Weide said he was a little bit surprised at the response he got from the Chief Deputy Sheriff.

Ms. Stettner advised such an operation is considered gambling and is not considered a permitted use. It is a criminal activity. She said her staff notifies the Sheriff’s Office that there is illegal activity and they use undercover agents to do a sting operation. She believes there are seven such businesses now currently in operation.

Chairman Dallari said they need to get a little more aggressive in notifying the proper authorities.

Commissioner McLean said he thinks, regardless of the route they take, it is going to come down to law enforcement to solve. Hopefully, having this discussion today, they have heightened the level of significance to the Sheriff’s Office to take some action.

Chairman Dallari asked Ms. Stettner to brief each Commissioner individually and give the location of these operations.

-------

Commissioner Carey announced that the Sanford Memorial Day Parade will be held on Saturday, May 29, at 10:00 a.m.

COUNTY ATTORNEY’S REPORT

Mr. McMillan advised the County has been included in a class action suit that Monroe County brought against online travel agencies that did not collect tourist taxes. He recommended opting out of that class action and joining the Leon County group through Edward Dion of the Nabors firm. That way, they know they will get something out of it. If the Board is interested in participating at all, they can authorize staff to enter into the class action with the Nabors firm and participate with the other 14 counties. Whether they win or lose, the County won’t be contributing to the amount of money. It will come out of whatever the award is. He thinks it’s 30% of the gross award.

Commissioner Carey said she thinks this will become a bigger issue for them in the future so they probably ought to try to resolve it.

Motion by Commissioner Carey, seconded by Commissioner McLean, to authorize the County Attorney to join with the Nabors firm in a suit against the online travel agencies that have not collected tourist taxes.

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

-------

Chairman Dallari recessed the meeting at 2:58 p.m. and reconvened it at 3:08 p.m.

DISTRICT COMMISSIONERS’ REPORTS, Continued

Sheriff Don Eslinger and Chief Deputy Sheriff Steve Harriett addressed the Board. Sheriff Eslinger said he was a little confused and wanted to clarify that he never received an e-mail from Commissioner Van Der Weide regarding the gambling issue he discussed earlier. He advised the Board what has been going on regarding gambling. He said as of today, there has been no movement from the Statewide Prosecutor’s Office. Since August, 2009, they have yet to file formal charges on anyone regarding this. He said he can’t direct his people to arrest somebody that the prosecutors are not willing to prosecute. He said Commissioner Van Der Weide’s Aide and the Chief Deputy Sheriff have been corresponding from the beginning, and this has been on their radar since last year.

Commissioner Van Der Weide said he can back up everything he said about the e-mails. He said the Sheriff was copied on them.

Sheriff Eslinger stated their position has been the same since August, 2009.

Chairman Dallari stated he knows this is a sensitive issue and the Sheriff is working on it.

Commissioner Henley said he doesn’t think the issue is whose fault it is. He’s looking for any discussion that might help them to come up with a course of action they can take.

Commissioner Carey stated it looks like they need to reach out to Attorney General Bill McCollum’s Office. She said the Sheriff has always been very responsive to all her issues. Discussion continued.

Chairman Dallari asked Mr. McMillan to meet with Sheriff Eslinger to see what administrative solutions there are. Following additional discussion, he said he believes the course of action is to have the County Attorney meet with the Sheriff to figure out how they can handle this administratively. This is a State Attorney issue and if there is anything the Board can do to help him on that, they need to do it.

Commissioner Carey stated they need to deal with this quickly.

COUNTY MANAGER’S REPORT, Continued

Mr. McMillan left the meeting at this time.

Mr. Forte distributed information to the Board (copy received and filed) regarding Contra (Reimbursement) Accounts and explained what was included. He asked Ms. Spriggs to discuss her memorandum dated May 5, 2010, to Mr. Forte.

Ms. Spriggs explained she is working from an e-mail sent out on the 29^th from the Chief Deputy Clerk; and the message was they were not in agreement with the contra account concept and there are other methods of allocating costs that are more transparent, and they will not be put in next year’s budget. Ms. Spriggs explained the three types of transactions as listed. She said the Internal Agency Services should balance. Whereupon, Chairman Dallari said at the end of the fiscal year, they should be net zero and he has been told that is not the case. That is where the confusion is. Ms. Spriggs stated the staff has been using this concept and have been adding to it for three years now. She explained the Capitalization of Engineering Costs to Projects transactions exist solely for the purpose of providing large capital programs they have. The reason they don’t balance right away is because it is an estimate. She explained to Chairman Dallari that what is actually charged will balance out. She said the transactions will balance when they do the budget and that is the objective. Ms. Spriggs explained the Charging of Administrative Costs to Grants transactions. She said staff just staring doing this in FY10.

Mr. McMillan reentered the meeting at this time.

Ms. Spriggs discussed what happened in the review and said the contra accounts system was set up three years ago and was set up with discussion with the County Finance Office. They all understand it’s a timing difference. She explained what she has done since the review discussion.

Mr. Forte asked if the 51 accounts will still remain in the negative as grant accounts. Ms. Spriggs advised there will be no negative accounts as they will be moved down to the 55’s.

Clerk Maryanne Morse addressed the Board to state as long as the contra accounts are set up under 540’s or 550’s, she has no issues. That was the way it was originally intended, but somehow it got off base. She said now that it is agreed to go back to the 540’s and 550’s, that resolves her issue. She said they do need to net out to zero. She further stated that Lake County and Volusia County uses contra accounts, but they all net out to zero. For every debit, you have to have a credit and that is all she is saying.

Commissioner Carey inquired about the Clerk’s need to hire more people to handle all these accounts. Ms. Morse stated there was an e-mail sent to the County Manager yesterday that stated as long as they stay with the 540’s and 550’s, those people would probably not be necessary.

Mr. Forte said he wants to make sure Ms. Spriggs is in agreement with this. Ms. Spriggs said the Internal Agency charges are all within the 54’s and 55’s. She further said that capital outlay is 55’s to 56’s and in the grant area they are balancing in 55’s to 51’s. The 54 is an appropriated charge. Discussion continued.

Commissioner Carey said she thinks they, as County Commissioners, have asked for so much of this information to be in different lines so they can see where the money is. The Board may have been the ones to help create this situation. She asked Ms. Morse if there is a problem with using the 51’s and 56’s.

Ms. Morse said they are talking about two distinct issues. She doesn’t care what Ms. Spriggs does with the Budget. She is talking from an accounting standpoint. She has to have a balancing factor. She said there are allocation tools within JD Edwards that will do the allocations automatically and she doesn’t know why that tool is not being used. She said she has to know where the money comes from and where it is going. Contra accounts were only established for allocations. Now they have a mismatch, and she is saying to consolidate. If an account doesn’t balance out at the end of the year, give the staff a journal entry and they will correct it so they can balance it out. She said the issue is when she sees that a fund is out of balance, she has a problem. She said the Board needs to look at this from the standpoint of an accounting structure versus a budgetary structure.

Ms. Spriggs discussed how Volusia County handles contra accounts, stating they do not use them to capitalize or facilitate grants. She said the budget does have to balance also under State statutes. She said governmental accounting standards require you to report your budget and the external auditors review the policies on an annual basis and insure it is in compliance with the law. They just delivered a report to the Board that says they have no issues, and they did recommend using contra accounts to facilitate financial reporting.

Chairman Dallari said this is an administrative issue, and the Acting County Manager needs to give his recommendation. He believes there needs to be transparency and there needs to be a point where things do balance out. He asked the Acting County Manager to take some time and report back to the Board on what he recommends.

Mr. Forte said he can make the decision, but one of two things is going to happen; either he is going to lose employees or they will be hiring more Clerk employees. He said somebody is not going to be happy with his decision, but he will take the responsibility.

The Commissioners discussed whether this should be put back on the Acting County Manager or not to resolve.

Chairman Dallari stated Mr. Forte will report back in the next two weeks.

-------

There being no further business to come before the Board, the Chairman adjourned the meeting at 4:08 p.m., this same date.

ATTEST:_______________________Clerk_____________________Chairman

er/cc