BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JUNE 14, 2011

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, June 14, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Carlton Henley (District 4)

     Commissioner Bob Dallari (District 1)

     Commissioner John Horan (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Clerk of Circuit Court Maryanne Morse

     Acting County Manager Joe Forte

     Deputy County Attorney A. Bryant Applegate

     Deputy Clerk Eva Roach

 

     Commissioner Van Der Weide gave the Invocation.

     Commissioner Horan led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Motion by Commissioner Horan, seconded by Commissioner Henley to adopt appropriate Resolution #2011-R-104, as shown on page _________, supporting the Florida Department of Environmental Protection’s (FDEP) petition to have the Environmental Protection Agency (EPA) rescind the Florida Numeric Nutrient Criteria (NNC) rules based on EPA’s own 8 recommended elements of nutrient management.

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2011-R-102, as shown on page ________, proclaiming June 15, 2011 as “World Elder Abuse Awareness Day” in Seminole County.

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

     The Board presented the Resolution to Henry Scarfold, who addressed the Board to express his appreciation and to thank the Board for their continued support on behalf of all the seniors in Seminole County and all the agencies that dedicate their time everyday in giving the seniors a vital and important life in the community.

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     Motion by Commissioner Dallari, seconded by Commissioner Horan to adopt appropriate Resolution #2011-R-103, as shown on page ________, recognizing Sheralyn J. Brinson for 10 years of service and dedication to Seminole County Government and its citizens upon her retirement on June 30, 2011.

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

     The Board presented the Resolution to Ms. Brinson, who addressed the Board to express her appreciation and to thank the Board for improving the quality of life for everyone.

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     Chairman Carey recessed the BCC meeting at 9:42 a.m. in order to convene the meeting of the U.S. Highway 17-92 Community Redevelopment Agency (CRA).

U.S. 17-92 CRA AND BUFFALO LAND CO.

     John Metsopoulos, U.S. 17-92 Program Manager, addressed the Board to present request to approve the Agreement between the U.S. 17-92 CRA and Buffalo Land Co., LLC, and execute Budget Change Request (BCR) #11-11 in the amount of $182,373, consistent with said agreement.  He stated since the applicant submitted his application, there has been an interest from a retailer for one of the outparcels to convert that into a restaurant.  The applicant originally asked for a 6-month completion date and they are asking that it be extended to 12 months.  He advised that there is contamination coming from a gas station on the corner and the wells on the site are being monitored and that is in the process of being cleaned up.

     Upon inquiry by Chairman Carey, Mr. Metsopoulos advised the applicant indicated that a retailer was expressing an interest in one of the outparcels and they wanted additional time to see if they were indeed going to purchase it.  Whereupon, District Commissioner Carey advised, based on the applicant wanting to sell the outparcel, she has no problem granting the extension.

     Upon inquiry by Commissioner Henley, Mr. Metsopoulos advised there will be a $21,000 demolition cost for the two buildings; and if that is split in half, it will be $11,000.  Therefore, there would be an approximate $2,200 reduction in the grant amount.

     District Commissioner Carey stated this shopping center has been sitting for a long time; and once SR 417 was built, the complexity of that intersection was changed.  She said she supports the grant.

     Motion by Commissioner Dallari, seconded by Commissioner Henley to approve and authorize the Chairman to execute the Agreement, as shown on page ________, between the U.S. 17-92 CRA and Buffalo Land Co., LLC, and execute Budget Change Request (BCR) #11-11, as shown on page _________, in the amount of $182,373, consistent with said Agreement; with the extension date being changed from six months to 12 months, and if one of the outparcels is sold, to adjust the dollar figure accordingly.

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

     Upon inquiry by Commissioner Dallari, Mr. Metsopoulos advised the name of the person who is interested in the restaurant was not revealed to him.

     Chairman Carey adjourned the U.S. Hwy. 17-92 CRA meeting and reconvened the BCC meeting. 

COUNTY MANAGER’S CONSENT AGENDA

     Joe Forte, Acting County Manager, addressed the Board to advise staff would like to pull Item #9, Approve a Resolution amending the Human Resources Policies and Procedures Manual of the Administrative Code, and schedule a work session for that item when the new County Manager arrives.  He stated that staff and FDEP are correcting and amending the amount for Item #15, Approve DEP Contract No. WM 959 Amendment #1.  He stated the DEP corrected the grant amount originally listed as $342,441 and it is now being corrected to reflect $324,441.  The amendment also adds $5,275.92 for the four properties listed, for a new total of $329,716.92.  He added he would like Items #29, Approve Resolution to release and discharge properties in the Genova Drive Water Services MSBU, and Item #39, Request to advertise a public hearing to amend the County Code per closure of the Genova Drive Water Services MSBU, be continued to June 28, 2011 as one of the properties has not fully satisfied one of the assessments levied.  That one property went to a tax certificate issued on June 1, but the Tax Collector’s office advised that the funding from the June 1 sale did not process until the weekend of June 11.  The continuance will allow time for the property’s final assessment to be paid after the funding process is completed.  He added that the applicant, Sam Wood of ProCare (Item #32, Approve COPCN), has requested that their application be withdrawn from the group list.

     Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize and approve the following, with Items #15 and #32 to be amended as presented:

County Manager’s Office

Purchasing & Contracts Division

5.  Approve Amendment #1, as shown on page _________, to Work Order #2 under PS-4388-09/VFT (Design of Minor Projects with Construction Costs Less Than $1,000,000) with Inwood Consulting Engineers, Inc. of Oviedo, Florida; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment.

6.  Approve Amendment #5, as shown on page _________, to Work Order #5 under RFP-3261-08/RTB (General Consulting Services for Planning and Development) with Kimley-Horn and Associates, Inc., of Sarasota, Florida, in the amount of $39,105.95; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment.

7.  Award CC-6591-11/DRR, as shown on page ________,  Central Transfer Station Hopper Repair, in the amount of $145,900.00 to Shoemaker Construction Company, Inc., of Sanford, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.

 

Central Services

Business Office

8.  Approve and authorize the Chairman to execute the First Amendment, as shown on page _________, to the Sublease Agreement for Community Services Offices at Reflections with Workforce Central Florida.

Human Resources Division

9.  Pulled from the agenda request to approve and authorize the Chairman to execute Resolution amending Seminole County Administrative Code, Section 24.15, "Human Resources Policies and Procedures Manual".

10.  Approve and authorize the Chairman to execute the Plan Documents, as shown on page ________, for the Seminole County's 457 Deferred Compensation Plan.

 

Community Services

Community Assistance Division

11.  Approve Community Service staff preparation of a Substantial Amendment to the 2007-2008 One-Year Action Plan (HOME Program grant funds) as explained, and transmittal of same to the U.S. Department of Housing and Urban Development.

12.  Authorize the Community Development office staff to post Federal funding recommendations for a 30-day public comment period, prior to final approval of the 2011-2012 One-Year Action Plan and submittal to the U.S. Department of Housing and Urban Development by August 15, 2011.

13.  Approve and authorize the Chairman to execute the Subrecipient Agreement, as shown on page _________, with Heart to Heart: A Community Care Home, Inc. to accept homes funded by the County for use as transitional housing.

 

Environmental Services

Business Office

14.  Approve the release of the original Water & Sewer Maintenance Agreement w/Letter of Credit (#SB55681) for the project known as Devon Green Ph. IV in the amount of $5,670.00. (Heathrow Villages Development Co., LLC)

15.  Approve and authorize the Chairman to execute DEP Contract No. WM 959 Amendment No. 1, as shown on page _________, between Florida Department of Environmental Protection and Seminole County for the Lake Hayes Water Supply Restoration Project.

Water-Waste Water Division

16.  Approve and authorize the Chairman to execute the License Agreement and Hold Harmless, as shown on page _________, for the project known as Lakes of Aloma Lift Station Landscaping. (Lakes of Aloma Homeowners Association, Inc.)

 

Fiscal Services

Budget Division

17.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-105, as shown on page ________, implementing Budget Amendment Request (BAR) #11-55 through the 2001 Sales Tax Fund in the amount of $9,073,554 to reduce the project budget and return funds to reserves previously given to the Florida Department of Transportation (FDOT) for the SR 436/Red Bug Lake Rd. Interchange project.

18.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-106, as shown on page _________, implementing Budget Amendment Request (BAR) #11-58 through the Solid Waste Fund in the amount of $2,148,575 in order to reduce the funding of several Solid Waste projects.

19.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-107, as shown on page _________, implementing Budget Amendment Request (BAR) #11-61 through the Public Works Grant Fund in the amount of $100,425 to recognize grant revenue and establish construction budget for the SR 436 Traffic Responsive System project.

20.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-108, as shown on page _________, implementing Budget Amendment Request (BAR) #11-63 through the Public Works Stimulus Grants Fund and the 2001 Infrastructure Sales Tax Fund in the amount of $450,000 to recognize grant revenue and establish construction budget for the Altamonte Elementary School Sidewalk project.

21.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-109, as shown on page _________, implementing Budget Amendment Request (BAR) #11-66 through the Solid Waste Fund in the amount of $400,000 for increased Solid Waste appropriations.

22.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-110, as shown on page _________, implementing Budget Amendment Request (BAR) #11-67 through the Teen Court Fund in the amount of $12,000 to increase funding for the Community Services Teen Court Program.

23.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-111, as shown on page __________, implementing Budget Amendment Request (BAR) #11-68 through various Grant Funds in the amount of $213,545 to reconcile funding of the grant funds.

24.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-112, as shown on page __________, implementing Budget Amendment Request (BAR) #11-69 through the Solid Waste Fund in the amount of $100,000. This will reallocate a carryforward of $250,000 as follows:  $150,000 for equipment and increase reserves by $100,000.

25.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-113, as shown on page __________, implementing Budget Amendment Request (BAR) #11-70 through the Leisure Services Donations Fund in the amount of $2,200 to appropriate contribution and donation funds for the Tourism Annual Awards Luncheon.

26.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-114, as shown on page __________, implementing Budget Amendment Request (BAR) #11-71 through the 2001 Infrastructure Sales Tax Fund in the amount of $36,800 to establish and fund the SR 400/I-4 at SR 46 Mast Arm Project.

27.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-115, as shown on page __________, implementing Budget Amendment Request (BAR) #11-72 through the 2001 Infrastructure Sales Tax Fund in the amount of $8,256,819 to adjust funding for two sections of the SR 434 widening projects.

28.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-116, as shown on page __________, implementing Budget Amendment Request (BAR) #11-73 through the Workers’ Compensation and Property/Liability Insurance Funds in the amount of $800,000 to reallocate funding for claim disbursements.

MSBU Program

29.  Pulled from the agenda request to approve and authorize the Chairman to execute Resolution to release and discharge properties in the Genova Drive Water Services Municipal Service Benefit Unit from liens recorded in Public Records of Seminole County.

 

Growth Management

Planning & Development Division

30.  Authorize the Chairman to execute the Release of Lien, as shown on page __________, in the amount of $1,200 for Case No. 10-150-CEB, on 612 E. Citrus Street, Altamonte Springs, Tax Parcel #12-21-29-5BD-5000-0030, previously owned by Charlette C. & Alexander J. Salgado and currently owned by Federal National Mortgage Association.

31.  Authorize the Chairman to execute the Release of Lien, as shown on page ________, in the amount of $14,000.00, Case No. 09-113-CEB, on 1092 Dyson Drive, Winter Springs, Tax Parcel #13-21-30-502-0D00-0070, previously owned by Nezamodeen & Bhanmatee Khan and currently owned by JBC, LLC.

 

Public Safety

Business Office

32.  Approve and authorize the Chairman to execute Certificates of Public Convenience and Necessity Renewals (COPCN's), as shown on page _________, for all first response agencies in the Seminole County EMS System along with COPCN's and Non-Exclusive Ambulance Franchise Agreements, as shown on page _______, for Orlando Health, Rural/Metro Corporation of Florida d/b/a Rural Metro Ambulance, and Central Florida Ambulance, Inc. d/b/a American Ambulance of Central Florida, to become effective July 1, 2011.

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk's Office

33.  Approval of Expenditure Approval Lists, as shown on page _________, dated May 9, 16, and 23, 2011; approval of Payroll Approval List, as shown on page _________, dated May 12, 2011; approval of BCC Official Minutes dated April 21 and May 10, 2011; and noting, for information only, the following Clerk's received and filed:

 

 1.  Customer Agreement, as shown on page _________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Primera Owners Association, Inc.

 

 2.  Amendment #7, as shown on page _________, to Work Order #56 for PS-1529-06.

 

 3.  Work Order #24, as shown on page _________, to PS-4388-09.

 

 4.  Copy of Memorandum to Ann Colby, Assistant County Attorney, from David G. Shields, Assistant County Attorney, regarding Basic Services Agreement Request in the case of Seminole County v. Nutmeg Farms, Inc., et al.

 

 5.  Closeout, as shown on page _________, of CC-5909-10.

 

 6.  Closeout, as shown on page _________, of Work Order #30 for CC-2184-07.

 

 7.  Work Order #14, as shown on page _________, to PS-2564-07.

 

 8.  Associate Tennis Pro Agreement, as shown on page _________, with Robert Pierce.

 

 9.  Assistant Tennis Pro Agreements, as shown on page _________, with Bryn Auld and Chad Berryhill.

 

10.  PS-5473-10 Master Services Agreement, as shown on page _________, with CPH Engineers, Inc., as approved by the BCC on November 9, 2010.

 

11.  Eleventh Amendment, as shown on page _________, to RFP-600094-06, Valleycrest Landscape Maintenance, Inc.

 

12.  Work Order #62, as shown on page ________, to CC-1284-06.

 

13.  Amendment #3, as shown on page _________, to Work Order #22 for RFP-0013-05.

 

14.  Change Order #2, as shown on page _________, to Work Order #49 for CC-1075-06.

 

15.  Closeout, as shown on page _________, of CC-6043-10.

 

16.  Notice from the Florida Public Service Commission regarding Order Suspending Tariffs No. PSC-11-0215-PCO-EQ issued May 5, 2011 for Dockets No. 110089-EQ, 110091-EQ, 110092-EI, 110093-EI, and 110095-EQ.

 

17.  Notice of Application for an Extension of Service Area by Utilities, Inc. of Florida from the Law Offices of Rose, Sundstrom & Bentley, LLP.

 

18.  Work Order #25, as shown on page _________, to PS-4388-09.

 

19.  Change Order #1, as shown on page _________, to CC-5682-10.

 

20.  Notice to Proceed, as shown on page _________, for Work Order #59 to CC-1284-06.

 

21.  Work Orders #12 and #13, as shown on page _________, to CC-2183-07.

 

22.  Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with Sun Trust Bank.

 

23.  Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with Brian L. Weinert, DDS, PA.

 

24.  Bill of Sale, as shown on page _________, for Line Drive, Inc. (Sutherland Management).

 

25.  Work Order #3, as shown on page _________, to CC-5075-10.

 

26.  Amendment #3, as shown on page _________, to Work Order #4 for PS-0984-06.

 

27.  Change Order #1, as shown on page _________, to CC-5756-10.

 

28.  Notices to Proceed, as shown on page _________, for Work Orders #12 and #13 to CC-2183-07.

 

29.  Amendment #2, as shown on page __________, to Work Order #24 for PS-5182-05.

 

30.  Amendment #1, as shown on page _________, to Work Order #10 for M-5004-09.

 

31.  Amendment, as shown on page __________, to Frequency Reconfiguration Agreement with Nextel South Corp. dated May 6, 2011, as executed by ACM Joe Forte.

 

32.  Amendment #1, as shown on page __________, to Work Order #28 for PS-5190-05.

 

33.  Change Order #2, as shown on page _________, to RFP-5751-10.

 

34.  Change Order #2, as shown on page __________, to Work Order #32 for CC-2184-07.

 

35.  Work Order #4, as shown on page __________, to RFP-5465-10.

 

36.  Parks Contract for Services, as shown on page __________, with Brenda I. Roque.

 

37.  Copies of recorded Home Ownership Assistance Program Mortgage Deeds, as shown on page ___________, for Ezelle G. Smith and Robin Nathaniel Hurt.

 

38.  Amendment #5, as shown on page _________, to Work Order #33 for PS-1529-06.

 

39.  Change Order #1, as shown on page _________, to Work Order #34 for CC-2184-07.

 

40.  Change Orders #3, as shown on page __________, to Work Order #27 and #28 for CC-2184-07.

 

41.  Change Order #1, as shown on page __________, to Work Order #8 for CC-2183-07.

 

42.  Eighth Amendment, as shown on page __________, to Term Contract IFB-600404-08 with Bound Tree Medical.

 

43.  Term Contract IFB-601111-11, as shown on page ___________, with Huffman, Inc. d/b/a NuWave Pools.

 

44.  Work Order #12, as shown on page ___________, to PS-2249-07.

 

45.  Work Order #44, as shown on page __________, to PS-1501-06.

 

46.  Amendment #1, as shown on page __________, to Term Contract IFB-600537-08 with Target Specialty Products.

 

47.  Report prepared by the Office of the Clerk of the Circuit Court of Review of Unemployment Compensation paid by Seminole County.

 

48.  Change Order #2, as shown on page __________, to CC-5276-10.

 

49.  Work Order #5, as shown on page __________, to PS-4906-09.

 

50.  Work Order #17, as shown on page __________, to CC-3321-08.

 

51.  Work Orders #5 and #6, as shown on page _________, to CC-5075-10.

 

52.  Closeout, as shown on page __________,  of Work Order #29 to CC-2184-07.

 

53.  Change Order #1, as shown on page __________, to Work Order #61 for CC-1284-06.

 

54.  Closeout, as shown on page ___________, of Work Order #1 to CC-5075-10.

 

55.  Development Orders, as shown on page _________, as approved by the Board of Adjustment for the following:  Michael C. Sumner, 7211 Lake Drive; Reynaldo and Beth Villavicencio, 106 Huntswood Court; Zenna Walters, 2408 Daffodil Terrace; Joseph, III and Sadie J. Muley, 2217 Blossomwood Drive; Morse Realty, Inc., Trustee, 3260 Highway 17-92; and Jerald and Susan Baughman, 2380 W. Lake Brantley Road.

 

56.  Amendment #1, as shown on page __________, to Work Order #63 for RFP-4277-09.

 

57.  Change Order #1, as shown on page ___________, to Work Order #12 for CC-3321-08.

 

58.  Copy of Executive Order, as shown on page _________, Declaring State of Local Emergency and Establishing Emergency Fire Prevention Regulations.

 

59.  Bids as follows:  RFQ-601124-11; IFB-601110-11; #601139-11; CC-6623-11; IFB-601138-11; RFP-601053-11; CC-6591-11; and DB-6152-10.

 

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

 

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

Sheriff’s Office

34.  Approval to contribute $2,000 from the Law Enforcement Trust Fund to provide funding in support of the Central Florida YMCA 2011 Youth Scholarship Program.

35.  Approval to contribute $10,000 from the Law Enforcement Trust Fund to provide funding in support of Boys Town of Central Florida.

36.  Approval 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.

REGULAR AGENDA

     Johnny Edwards, Solid Waste, addressed the Board to present a request to adopt a Resolution accepting the changes to Subsection 20.40, Seminole County Administrative Code, for solid waste fees.  He stated this item was continued from the May 24, 2011 meeting and would allow staff to charge for vehicles requesting solely truck weights.  The proposed changes to flat rates were removed leaving the portion of that rate structure alone.

     Mr. Edwards explained for Commissioner Van Der Weide why the changes are being made.

     Motion by Commissioner Dallari, seconded by Commissioner Henley to adopt appropriate Resolution #2011-R-117, as shown on page _________, accepting the changes to Subsection 20.40, Seminole County Administrative Code, for solid waste fees.

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

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     Request to authorize the Sheriff’s Office to proceed with assuming the responsibilities for the operation of the Seminole County Juvenile Detention Center (SCJDC), was presented.

     Chairman Carey stated she has visited this center and was quite embarrassed knowing that this was a county-owned building and was not clean and kept up.

     Penny Fleming, Sheriff’s Office, addressed the Board to advise the Sheriff’s Office began an analysis in looking at the feasibility of operating and managing the Juvenile Detention Center in a cost-effective manner.  In addition to the savings that the Sheriff’s Office feels they can save, they can also integrate the numerous programs that Captain Ballou and his staff handle on a daily basis.  The SCJDC will be closing effective July 1st.  The Seminole County youths will probably be housed in Orange County; but if there is an overcrowding issue, other facilities will be available in Brevard and Volusia counties.  Due to the statewide budget reductions, Seminole County will have to pay the per diem cost sharing amount and the amount will be reduced if the youths are housed in other counties.    The BCC will be required to continue paying the cost sharing per diem to the State for housing of the youths outside Seminole County.  She stated that housing of Seminole County youth in another county will have a direct impact on many entities that they deal with on juvenile issues.  She reviewed what impact this will have on family members, the Juvenile Assessment Center, transportation issues, the Court operations, and the Juvenile Probation Officers.

     At the request of Chairman Carey, Chief Fleming advised the Sheriff’s Office is looking at 47 staff positions to run the facility.  The Sheriff’s Office can free up eight existing positions since they are proposing to close the Work Release Center.  They are looking at transferring a manager and secretary from Captain Bluett’s office.  The net increase is 37 positions, which is approximately $1.8 million. 

     Chairman Carey stated the Sheriff has some wonderful programs for the juveniles and this would enhance the potential of having the youth go on to the next level.  She stated as these counties continue to withdraw, those who are in the system will have to pick up the slack for paying for everyone still in the State program.  The children are being transported to Orange County because they are in the process of closing the facility.  She said she feels there is going to be a logistics nightmare to figure out how they are going to get a child from Orange County to court on time in Seminole, Brevard or Volusia County, and then pick them up in a timely manner.  The Sheriff is working with the State Director on trying to get the rules that the State imposes on how they run these facilities into better condition. 

     Upon inquiry by Commissioner Dallari, Chief Fleming advised there is no deadline in notifying the State that Seminole County could be withdrawing from the State system.  She stated all of the juveniles will be gone by mid next week.  The Sheriff’s Office would have this as a top priority if the BCC approves this.  The County does have a dispute going on and if that is not reconciled, then, the County would end up paying $3.2 million for this year and $2.4 million for next year.

     At the request of Commissioner Dallari, Chief Fleming reviewed the renovations that are sorely needed for this facility.  She discussed $1.2 million of funds that are available in the jail expansion closeout.

     Commissioner Dallari stated he feels that having this type of facility under the Sheriff’s umbrella would give them a holistic approach to that element and would help young offenders not be adult offenders.

     Commissioner Henley stated the State closed these facilities as a cost-saving measure; and if the County stays with this and as others drop out, the County may see further reductions, but they do not know for sure.  He stated that is the thing that concerns him about making a decision as there are a lot of unknowns regarding this issue.  The Acting County Manager has discussed using the $1.2 million surplus for other needed projects.  Chief Fleming has indicated to him that the equipment, furniture and fixtures were not considered in the estimates and the cost may go up considerably to replace everything that has been removed. 

     Chief Fleming stated the Sheriff’s office will go in after the facility is closed and do an assessment of what is left there. 

     Commissioner Henley stated the State has done very poorly in maintaining the County’s facility and now they have to clean up their mess as a cost to the taxpayers.  He said there are a lot of unknowns regarding this and he would like to see this process slow down in order for the County to do due diligence as they do not know what it is going to cost in the way of renovations and replacement of equipment, furniture, etc.  He added the County does not know what the impact might be to their liability insurance in taking over that type of operation.  He stated this can’t be started until the new budget year; and by slowing down, the Sheriff’s Office can give the Board a figure of what it is going to cost.  Since they do not have a deadline, that will give them an opportunity to deal with some of the unknowns and it will give the new County Manager an opportunity to have some input.  He stated he feels they would definitely need a memorandum of understanding worked out where everyone would agree to.  He said he is not sure if he is for or against it as he has some concerns.  He asked if the Board decides not to do this, what could that facility be used for in order to allow them to get some operations out of the rental property and so forth.  He added he would like to commend the Sheriff for bringing this issue forward.  He said he doesn’t have any doubt that the Sheriff can probably run it better than the State, but he would like to know how much they would save versus the other questions of what that building could be used for or could the money for renovations better serve the public somewhere else.  He continued by stating that the concerns raised about going back and forth to Orange County doesn’t get a lot of support from him because they are accustomed to going there for everything.  He added he doesn’t have a lot of sympathy for those who break the law and get themselves in trouble.  From the standpoint of what the Sheriff could do as far as integrating those youngsters into other programs is a good argument from that standpoint.  He added he feels that if they instruct staff to work with the Sheriff’s Department in dealing with the other issues, both pros and con, they can make a more intelligent decision.

     Commissioner Horan stated he feels this is a win win situation for the County as they are going to save money, increase efficiency, reduce duplication and make things better for the families and children.  The amount of time of the logistics of moving the child from a holding facility to the court, the timing of the court calendar, and the emergency matters that the court calendar has to accommodate are hidden costs; and those costs are going to mount if they hold off on this.  He said he can’t imagine how difficult it is going to be in coordinating the court calendars with trying to move the juveniles from Orange County.  He stated he doesn’t see any reason for waiting as they will be spending more money if they wait. 

     Chairman Carey stated the Memorandum of Understanding (MOU) and the actual cost of renovations will have to come back to the Board. 

     Chief Fleming stated the MOU will need to be coordinated with the State, but she feels confident that they can provide it at the July 26 meeting. 

     Chairman Carey stated she agrees that the longer they wait the worse off it will be; and the sooner they get started, the better it will be. 

     Commissioner Henley stated he doesn’t see hiring 37 people and getting them on board and oriented or the security cameras in right away as there is a procurement process that needs to be done.  He stated he would like to know the exit strategy in case this begins to cost them more in operation. 

     Chief Fleming stated the Sheriff’s Office would start the hiring process but they would not start having them come on board until they are ready, probably in November or December.

     Chairman Carey stated the renovation is going to take some time and that is why she feels they should get started as soon as possible.

     Upon inquiry by Commissioner Henley, Chief Fleming advised the transportation cost of transporting the juveniles back and forth is the responsibility of the State.  She stated if DJJ cannot get on a regular schedule in helping the courts, they would be looking at assisting with the transportation. 

     Commissioner Dallari stated he feels they need to expedite this and with the savings they had with the jail ($1.2 million), give the Sheriff the flexibility of moving that amount over. 

     Chief Fleming stated they can put in the MOU that they can have an “out” clause if this doesn’t work out. 

     Upon inquiry by Commissioner Van Der Weide, Chairman Carey advised she feels the MOU can be brought back to the Board at the next meeting, and she feels it is important that the Sheriff’s Office gets started on the bids and estimates. 

     Commissioner Henley stated his only concern is that the BCC does due diligence before they tie themselves down completely.  He said he has no problem asking the Sheriff to move forward, but he has a problem with bidding this out as they will be committing the money and they do not know what type of renovations have to take place.

     Chairman Carey stated she believes they will save money and they can put budget guidelines in the MOU.

     Commissioner Henley recommended that the Sheriff’s Office interact with the Board on the content of the MOU.

     Motion by Commissioner Dallari, seconded by Commissioner Horan to authorize the Sheriff’s Office to proceed with assuming the responsibilities for the operation of the Seminole County Juvenile Detention Center (SCJDC) to include the addition of 37 new positions and operational costs in the amount of $1,789,763 and work with County staff in renovation plans for the SCJDC; give the Sheriff the flexibility of doing the procurement, with the Sheriff’s Office to report back to the Board on July 26 as noted by the Chairman; to provide the MOU from the State with the budget items addressed in the MOU; and the MOU to include the budgetary items as well as the termination clause.

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

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     Chairman Carey advised that request to authorize the MSBU Program to schedule and advertise a public hearing to consider amending Chapter 160 of the Seminole County Code by deleting Article XVI of Part 7 per closure of the Genova Drive Water Services Municipal Services Benefit Unit, has been pulled from the agenda to be brought back on June 28, 2011.

COUNTY MANAGER’S BRIEFING

     Mr. Forte presented a request from the city of Casselberry recommending that John R. Stark be appointed to their CRA Board.  He stated Mr. Stark is a manager with Home Depot and he qualifies to serve on the CRA Board. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to appoint John R. Stark to the Casselberry CRA Board.

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

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     Mr. Forte stated staff has submitted a copy of an update on the Growth Management Process Improvements Study (received and filed) and asked if the Board would like staff to present this item this morning or this afternoon. 

     Chairman Carey requested that this item be presented at the afternoon meeting after the public hearings in order to give the Board time to review same.

 

 

COUNTY ATTORNEY’S BRIEFING

     Chairman Carey welcomed the new Deputy County Attorney, Bryant Applegate.  She stated the Board interviewed five candidates and Mr. Applegate was unanimously ranked number one by this Board.

     Bryant Applegate, Deputy County Attorney, reminded the Board that it is time for the Charter Review Commission and he will be working with the County Manager’s Office in setting up the procedure for the Board to make their three appointments.  He stated he hopes to have it done in September, but he and Mr. Forte would like to get it done by August.  That would give the Charter Review Commission time to meet during the course of the year; and if they make any changes to the Charter, it needs to be done 90 days prior to the General Election.

     Chairman Carey requested that the Board make their appointments no later than the second meeting in August.

     Commissioner Henley stated the last time the Board went through this process, there was discussion about rotating the at-large.

     Chairman Carey recommended Mr. Applegate and Mr. Forte get with each Board member to brief them on that.

CHAIRMAN’S REPORT

     Chairman Carey submitted the County Attorney’s Employment Agreement (received and filed) with A. Bryant Applegate and said she would like to approve same to make it official.  She stated he will officially become the County Attorney on July 1, 2011.

     Motion by Commissioner Dallari, seconded by Commissioner Henley to approve the County Attorney’s Employment Agreement, as shown on page _________, with A. Bryant Applegate.

     Under discussion, Commissioner Henley stated he had concerns in regards to the amount the County was allowing for Mr. Applegate to be able to make this transition and moving, etc.  He stated he would like the Board to approve this contract; but if it turns out that it is going to cost more for moving expenses, he would like for it to come back to the Board.

     Chairman Carey stated there is no money for transition and that was at the request of Mr. Applegate. 

     Mr. Applegate stated he and his wife had already decided that they were moving to Florida and they were in the process of doing that and he feels it is his obligation to take care of moving costs.  He said he appreciates the offer as well as everyone’s consideration and vote of confidence.  He added he will work hard and ethics will be a top priority with his office.  He thanked Mr. McMillan and his office for welcoming him and for helping him with the transition.  He stated he especially would like to thank Mr. Forte for helping him tremendously.

     Commissioner Van Der Weide welcomed Mr. Applegate and said he feels he will do a great job.

     Commissioner Horan stated he has known Mr. Applegate for over 20 years and it is no surprise to him that Mr. Applegate would say that he doesn’t want the allowance for moving as this is the kind of person he is.

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

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     Chairman Carey stated the University of Central Florida has submitted a request for the Board to assign the partnership agreement with them and the County.  She stated for management and administrative purposes they would like to transfer that from the UCF Technology Acceleration Partnership to the UCF Research Foundation.

     Motion by Commissioner Henley, seconded by Commissioner Dallari to authorize transferring the UCF Technology Acceleration Partnership Agreement to the UCF Research Foundation.

     Under discussion, Commissioner Henley stated he didn’t get a lot of information as to why they want to do this. 

     Chairman Carey stated they only wanted to move to the Foundation and she feels it had to do with the administration of it as they have had some cuts at the university.  She stated she feels the Foundation has the ability to cover it.

     Commissioner Henley stated the County’s contribution covers several different people salary-wise and he didn’t know if this move would impact it or not.

     Chairman Carey stated it won’t impact the funding, but where this agreement is going to be housed.

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

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     Chairman Carey stated she had a request from the Secretary of Transportation, Ananth Prasad, indicating that he would like to have a special meeting.  It will be scheduled for the next Board meeting from 8:30 a.m. to 9:30 a.m. and it will be advertised as a public hearing relating to the SunRail project.  The Governor has asked Mr. Prasad to make presentations to all the funding partners. 

     Mr. Forte advised that it is not a public hearing but a presentation by Mr. Prasad and they will be taking public comments. 

     Chairman Carey stated that meeting will only be scheduled for one hour and that will be stated at the beginning of the meeting.  Public comments may be limited depending on how many people are in attendance.

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     Chairman Carey stated she attended the Wekiva River Basin Committee meeting last week.  She stated subsequent to that discussion, she spoke to Nicole Guillet regarding the Growth Management legislation and she has asked Ms. Guillet to schedule a briefing on this issue for the June 28th meeting.  DCA has been collapsed into the Office of Economic Administration and they will be operating differently and the County needs to know how that will affect them.  It will affect the County’s Comp Plan as well as other things.  She recommended that Ms. Guillet review that and brief the Board on what changes they may expect to come forward in the Comp Plan, how they want to move forward and how they are going to handle that.

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     Chairman Carey referred to the flags that are on the dais and stated today is Flag Day.  She stated she is amazed at how many people don’t know what they are supposed to do when a flag enters the room.  She said she thinks it is important that they continue to discuss how this country was founded and what the rules and regulations are in respect for this great flag.

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     Chairman Carey thanked Commissioner Horan for throwing out the first pitch at the River Rats game the other night.  She said the River Rats beat the Winter Park Diamond Dogs in a 6-3 game and it was a great game.

 

DISTRICT COMMISSIONERS’ REPORT

     Commissioner Henley stated he would like to request staff to come back with a preliminary master plan for the 27 acres the County owns on East Lake Mary Blvd.  The Board previously discussed moving the Public Works Department into that area.  He stated the County will probably have to borrow the money, but with the interest rates the way they are, it may be the best time to move on that plan. 

     Chairman Carey stated she feels the Board needs to revisit the 5-Pts. Master Plan as part of that as they need to figure out what exactly they are doing, what the timing of that is and how all of that will go.

     Commissioner Van Der Weide stated the new County Manager is coming on board and the BCC needs to make sure he is involved in any major decisions that the Board brings up.

     Commissioner Dallari stated he would definitely agree to move forward as long as they are reviewing the 5-Pts. Master Plan as well.

     Commissioner Henley stated the purchase of that property was solely for the purpose of making adjustments at the 5-Pts. Operation.  He said he doesn’t anticipate making a decision right away, but if they don’t instruct staff to move forward, they will never get around to it.

     Chairman Carey stated she believes the consensus is to instruct the Acting County Manager to start looking at the 5-Pts property master plan as well as the 27 acres.

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     Commissioner Horan pointed out that this is the 236th anniversary of the creation of the U.S. Army.

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     Commissioner Henley stated the Board had previously instructed staff to look at other properties where they might be able to transfer the activities they had planned for Jetta Point to a new site.  The Board asked staff to begin discussions with representatives from the Soccer Club.  Also, the equestrian property became available.  He asked for the Board’s support in instructing staff to come forward with a preliminary master plan for the use of that property, if they are successful in negotiating an acceptable agreement.

     Upon inquiry by Chairman Carey, Commissioner Henley advised he would like discussions to come back about alternate sites for Jetta Point Park and a preliminary master plan to come back for the soccer fields and equestrian fields off of Markham Road.

     Commissioner Henley stated the Board needs to determine the exact amount of dollars that they are committed to from Natural Lands.  He stated his main concern is moving forward so the Board can get some idea as to what that property could do for them and that is why he is asking for a preliminary master plan.

     Mr. Forte stated he is planning on scheduling a staff meeting with all the staff members involved in this to bring the new County Manager up to date.  He stated once the new manager is comfortable with this, he will schedule a work session on same.  He informed Chairman Carey there are a lot of work sessions that he has to anticipate so he will provide a temporary calendar for the Board members.

     Commissioner Dallari stated he wants to make sure that the property owners are willing to sell and the property appraisals are being done so they can get an idea of the potential cost of the property.

     Mr. Forte stated they have a booklet of alternative locations for Jetta Point already put together and staff will brief the Board on same.

     Upon inquiry by Chairman Carey, Mr. Forte advised staff has not ordered appraisals on the properties as he wants to get the Board’s opinion as to where they want to focus.  There are about six or nine areas and before they start the appraisals, staff will start to rule out those areas that are not an option.

     Commissioner Dallari stated he would like to expedite this to the point of this coming to the Board to find where they are trying to focus so they can actually get some appraisals.

     Mr. Forte stated this will be distributed to the Board this week and then staff will brief the Board on same.

     Chairman Carey stated if those parcels are available and they are on the market, then staff can find out what the asking price is.

     Commissioner Horan stated he spoke to a number of people involved in sports, and the teams from England are already enamored with the facilities at Sylvan Park, but they need a decent field.  He stated he feels they can have opportunities to create a lot of jobs and tourism if they have the fields.

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Chairman Carey recessed the meeting at 10:55 a.m., reconvening at 1:31 p.m. with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, 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

SUGAR SAND LANE RIGHT-OF-WAY VACATE/

Steven D. Wagner

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution to vacate and abandon a portion of the public right-of-way known as Sugar Sand Lane, located approximately 217 feet east of Daisey Avenue and approximately 300 feet south of Battle Street, received and filed.

     Alan Willis, Planner, addressed the Board to present the request to vacate and abandon the 40-foot wide portion of Sugar Sand Lane right-of-way.  He said this portion of the right-of-way is currently uncut and dead-ends into the applicant’s property and is not needed for public access.  The staff is recommending the Board adopt the Resolution to vacate and abandon as requested.

     Steven Wagner, applicant, addressed the Board to state he agrees with the staff findings and is here to answer any questions.

     No one else spoke in support or in opposition.

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

     Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt appropriate Resolution #2011-R-118, as shown on page _______, vacating and abandoning the 40-foot wide unimproved right-of-way known as Sugar Sand Lane lying west of Lots 7 and 8 of Block 9 and east of Lots 9 and 10 of Block 8 of Allens 1st Addition to Washington Heights in Section 11, Township 21 S, Range 31 E; located approximately 217 feet east of Daisey Avenue and approximately 300 feet south of Battle Street; as described in the proof of publication, Steven D. Wagner.

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

SECONDARY METALS RECYCLING ORDINANCE

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a proposed Ordinance relating to Secondary Metals Recycling, received and filed.

     Chairman Carey advised an amended Ordinance (copy received and filed) was distributed to the Board, and the County Attorney’s Office will address those changes.

Deputy County Attorney A. Bryant Applegate asked Donna Wysong, Assistant County Attorney, to review the changes that were requested by the Sheriff’s Office with the exception of one change. 

Assistant County Attorney Donna Wysong addressed the Board to present the proposed Ordinance for adoption.  She reviewed the background history and stated the revisions the Sheriff’s Office requested are highlighted in gray beginning on page 4 of the revised Ordinance.  She advised the only highlighted section not requested by the Sheriff’s Office is on page 8, #18, Backflow water valves, which was requested by Chairman Carey.  These are revisions that were added after the Ordinance was advertised.  They are not substitive to the point that staff felt the Ordinance needed to be readvertised.  Ms. Wysong reviewed that the proposed Ordinance prohibits the purchase of certain restricted metals by a secondary metals recycler unless the seller is able to provide proof of ownership of the property and prohibits cash transactions except under certain very limited circumstances.  The Ordinance also requires that secondary metals recyclers maintain records of all purchased transactions including the identification of the seller of the metals and that they transmit the information to the Seminole County Sheriff’s Office.

Chairman Carey explained the addition she requested in the Ordinance and said stealing backflow valves is the latest trend. 

Chief Deputy Steve Harriett addressed the Board to state in 2010 they had over 500 incidents of precious metals theft at a cost of $1.5 million loss to the victims.  They moved forward this proposed Ordinance for Seminole County, in particular, for consistency sake as it relates to neighboring Orange County, because this Ordinance largely tracks the language that is currently in effect in Orange County; and so that Seminole County is not a more desirable county to come and recycle metals, particularly that which is regulated.  The impetus behind the Ordinance is so they can more efficiently track and monitor recycled metal because they know, in some cases, it is stolen and people have been victimized by that law.  He said the precious metal recyclers are already compiling this information anyway.  Now, they are asking that the information be transmitted electronically to their finder’s system so they can compare it, not only to Seminole County’s losses but throughout the region of the State.   All the changes recommended by the Sheriff’s Office track either Orange County’s language or the State statute.  He urged the Board’s approval of the Ordinance.

Dale Shaw, Trademark Metals, addressed the Board to state they were hoping this would go through at the State level, because at the end of the day what they need is a level playing field in the State.  They found out the material will travel if they make it stricter than the guy next door.  There are a lot of good hard-working people who bring scrap in for good reasons every day, so a level playing field has been a key for them.  They found out the real solution is communication between the facilities and law enforcement.

Daniel Zack, 117 N. Thornton, addressed the Board to state he understands the need to be reformed in accordance with Statute 538 and the concerns by the County Commissioners and law enforcement, but he believes their industry should have the opportunity to discuss ways with law enforcement prior to this legislation.  He said they currently take fingerprints, images of all metals sold, images of customers receiving consignment for the goods, scan driver licenses, take phone numbers, places of employment, make, model and type of customers’ vehicles, license plate numbers; and their customers must also sign sworn affidavits that there are only goods that they are selling.  They currently work hand-in-hand with law enforcement to stop crime.  He said, speaking on behalf of his company only, that all the items on the restricted list are not purchased from individuals, with the exception of communication wire, transmission cable or condensing coils.  Seminole County has worked well with GLE and also arrested multiple people for breaking into their property and stealing their goods.  They have spent great deals of capital to help assist with theft prevention in the past to put in highly integrated software systems, and they want to continue to help their communities and prevent theft.  He said they see a few things that are a problem with the way the Ordinance is written.  He agrees there needs to be a statewide ordinance because scrap does travel and it’s hard to run businesses in different counties with different regulations.  He said mailing checks leads to additional liability for recyclers with regard to check fraud.  This will also put a strain on hard-working, honest individuals as it will take them over a week to get payment for their property.  He believes there should be some consideration payable in cash for a few of the items on the list.  He said forcing recyclers to mail checks has the potential to create black markets for these goods, and will possibly make it more difficult for the Sheriff to track individuals that are attempting to sell stolen property to legitimate recyclers.  He believes by holding monthly meetings with law enforcement and the Commissioners, things could be improved.  He also believes $1,000 cash for these items is too high.  He does not believe this legislation helps with the way it is written.

No one else spoke in support or against.

Speaker Request Forms were received and filed.

Chairman Carey said she talked to a number of people in the recycling business and they didn’t think having the check mailed was a big deal for them.  She explained that she has also been a victim and thinks that having this Ordinance aligned very much with the surrounding counties is important so that it doesn’t travel from Orange County to Seminole County.  She expressed thanks to Ms. Wysong and the Sheriff’s Office for their hard work and said maybe the State Legislature will take this up next year.

Commissioner Horan asked if the Board passes this Ordinance, what will the industry be required to do that they are not already required to do.

Mr. Zack said the only real difference is they would have to mail the customers a check.  Whereupon, Commissioner Horan said he is very sensitive to putting additional requirements on a small business unless there is a good reason, and it seems like there is a good reason here.

Commissioner Dallari said he definitely feels this is needed.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve Ordinance #2011-15, as shown on page _______, relating to Secondary Metals Recycling, as revised.

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

COMMUNICATIONS AND/OR REPORTS

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

 1.  Memorandum dated May 2, 2011 to the Board of County Commissioners and Joe Forte, Acting County Manager, from Jerry McCollum, County Engineer, re:  Executive Summary – Future Seminole County Sales Tax Local Government Programs.

 

 2.  Copy of a letter dated May 17, 2011 to the Florida Department of Community Affairs from Michele Saunders, Director of Community Services, re:  Florida Disaster Recovery CDBG Contract #10DB-K4-06-69-01-K33 On-site Monitoring Report – December 17, 2010.

 

 3.  Memorandum dated May 23, 2011 to the Board of County Commissioners, Joe Forte, Acting County Manager, and Robert McMillan, County Attorney, from Meloney Lung, Central Services Director, re:  Platted Parks Update.

 

 4.  Letter dated May 25, 2011 to Chairman Brenda Carey from Dennis Dolgner, Chairman of the Board, Central Florida Family Health Center, re:  support of matching grant request.

 

 5.  Letter dated May 25, 2011 to “Property Owner” from the City of Longwood re:  proposed Longwood Economic Enhancement Program (LEEP).

 

 6.  Copy of letter dated May 25, 2011 to Mr. Glen Davis, Program Administrator for the Florida Department of Health, from Chairman Brenda Carey re:  grant application for the Central Florida Family Health Center, Inc.

 

 7.  Letter dated May 26, 2011 to Chairman Brenda Carey from Mrs. Claudia Muse re:  appreciation for assistance from the Board of County Commissioners.

 

 8.  Letter dated May 26, 2011 to Chairman Bob Dallari from Robert Groves, Director, U.S. Census Bureau, re:  instructions for finding the new “Profile of General Population and Housing Characteristics:  2010” online.

 

 9.  Letter dated May 26, 2011 to Chairman Brenda Carey from Harry Barley, Executive Director, MetroPlan Orlando, re:  attendance at Citizens Advisory Committee Meetings.

 

10.  Letter dated May 26, 2011 to Chairman Brenda Carey from Diane Pickett Culpepper, Bright House Networks, re:  programming changes.

 

11.  Copy of letter dated May 27, 2011 to Gene Rhodes, REACT Program, from Soneet Kapila, Florida Extruders International, Inc., re:  WARN (Worker Adjustment and Retraining Notification) Act notification.

 

12.  Letters dated May 31, 2011 to Chairman Brenda Carey from Property Appraiser David Johnson re:  Estimated Taxable Values.

 

13.  Letters dated June 1, 2011 to Chairman Brenda Carey from Property Appraiser David Johnson re:  total ad valorem tax levy on the 2010 Seminole County Tax Roll.

 

14.  Memorandum dated June 2, 2011 to the Board of County Commissioners from Susan Dietrich, Assistant County Attorney, re:  Seminole County Expressway Authority, Section 348.0003, Florida Statutes.

 

15.  Letter dated June 3, 2011 to residents and businesses in the Geneva area from the St. Johns River Water Management District re:  access to wells in the region to study the Geneva “bubble.”

 

16.  Letter dated June 3, 2011 to Chairman Brenda Carey from the U.S. Department of Housing and Urban Development, Mercedes Marquez, re:  Fiscal Year 2011 allocations for the Office of Community Planning and Development’s programs.

 

17.  Letter dated June 6, 2011 to the Board of County Commissioners from Barbara Rainey re:  Code Enforcement concerns in the Indian Hills neighborhood.

 

18.  Revised Memorandum dated June 7, 2011 to the Board of County Commissioners from Susan Dietrich, Assistant County Attorney, re:  Seminole County Expressway Authority, Section 348.0003, Florida Statutes.

 

DISTRICT COMMISSIONERS’ REPORTS, Continued

 

     Commissioner Dallari thanked Representative Chris Dorworth for helping to get the John Deere organization to come to Seminole County for their convention and signing a multiple year contract.  He was also instrumental in helping with the “red tape” in Tallahassee.

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     Commissioner Henley said the School system, as well as many other agencies, are experiencing some real difficult times now.  They are all aware of the closing of one of the elementary schools and the proposed closing of the Museum and Environmental Center.  Those are vital to the children and programs attempted to be put on.  He has provided the Board with information (copy received and filed) he requested from the School Superintendent for their review showing the budgets for both the Museum and Environmental Center and the costs to shut down the operations. 

Motion by Commissioner Henley, seconded by Commissioner Dallari, for the Board to appropriate a grant to the School system for $120,000 which will help to keep both these institutions open for another year, and that will give the citizens, School Board and the BCC, if inclined, a full year to raise money to keep them functioning. 

Under discussion, Chairman Carey asked if the $120,000 is only for the Environmental Center.  Commissioner Henley stated the School system has already raised $48,000, and it is his understanding that they will be able to use that money to help with the Museum if it’s their choice to keep that operating.  The $120,000 was indicated to him as what will operate this program.  Also, a proposed Memorandum of Understanding (MOU) that the County staff helped work on is included in the information.  Under the arrangement, it will be available for Leisure Services to conduct summer camps and the County will collect fees during that period of time. 

For clarification, Commissioner Henley said, as far as he is concerned, the Museum would be secondary to the Environmental Center.

Commissioner Dallari asked, for clarification, if Commissioner Henley’s motion includes the MOU for Leisure Services and Commissioner Henley said yes.

Bill Vogel, Superintendent of Seminole County Public Schools, addressed the Board to answer questions.  Commissioner Dallari said he wants to make sure there is enough of a volunteer base to continue this next year.  He stated this is a one-time grant and he wants to make sure that is very clear.

Dr. Vogel said the fundraising efforts for the Environmental Center has raised to this date more than $19,000 and more than $10,000 for the Student Museum.  He said the fundraising efforts will continue to try to solve this for the upcoming year.  He said the Friends of the Environmental Center and Student Museum have very active groups that will continue to raise funds because they understand the challenges they are facing with the budget.  He recommended that unless these two facilities are sustaining themselves, either through support from the County or fundraising, the School Board would not continue them.  He thinks it is a very viable alternative working with Joe Abel, Leisure Services Director, and staff to have summer camps at the Environmental Center.  He thinks that will be a plus and he sees possibilities of that at the Student Museum. 

Commissioner Horan asked if the School Board looked at the alternative of taking the Environmental program or Student Museum and transferring the responsibility for those functions to another organization, such as the Historical Society, either at the State or local level. 

Dr. Vogel advised of the three museums that are very important to the community and said, maybe through the BCC’s efforts and encouragement, they could have the representatives of all three work together to see if there is a way they can operate all them in the most efficient way possible.

Commissioner Horan said it just seems to him that there are probably organizations that may want to start operating these facilities or provide some kind of grants for them.  Whereupon, Dr. Vogel said he knows there are efforts going on with the University of Central Florida for the Student Museum.

Dede Schaffner, Chairman of the Seminole County School Board, addressed the Board to state they are looking at all options they might have.  As far as partnering the three museums, she thinks it will be natural for all three of them to sit down and figure how they can work together.  As far as the Environmental Studies Center is concerned, they are actually teaching curriculum at the Center and it is a very important part of what they are doing.  She said partnering with Mr. Abel is going to be a good thing; and the County will actually be recouping some of the $120,000, because Mr. Abel should be able to get at least $50,000 back through the fees he will charge the campers.

ACM Joe Forte asked Commissioner Henley to include in his motion to take the $120,000 out of the General Fund and authorize the Chairman to execute a Budget Amendment for same, Resolution #2011-R-119, as shown on page _______, and staff will not have to bring back this item.  Commissioners Henley and Dallari agreed to the amendment to the motion.

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

COUNTY MANAGER’S REPORT

     Mr. Forte said Nicole Guillet, Growth Management Director, will give the Board an update on the process flows in her department.  She had distributed the hand-out this morning for the PowerPoint presentation.

     Nicole Guillet addressed the Board to state she will talk about the things they have been doing to improve the Planning and Building permit review process.  She explained that this dovetails the discussion the Board had at the last meeting regarding permit extensions and impact fee waivers.  In the Building Division, when looking at the permit review processes and talking to the building community, they found, from a time standpoint, that the building permit review is really not an issue.  The issue that came up in talking with the clients was how staff can make this more convenient for them.  They looked at ways that involve technology to allow folks to apply for permits, pay for payments remotely, provide opportunities for folks to remotely pull a permit, get a scheduled inspection or pay for an inspection.  The staff has been working with IT Operations staff and think they have some fixes that should be ready next month.  They are still trying to work out the payment issues.  They are also working with the Health Department in possibly moving over their permitting staff to the County Services Building for septic tanks and consolidating well permitting, so folks only have to go to one place to get those permits as well.  Staff is also doing some cross-training that makes them more efficient.

     Upon inquiry by Chairman Carey, Ms. Guillet said the staff is planning to go live with the online functions in July as much as they are able to do.  She said right now the call-in scheduling system has maintenance issues.  She explained that they have started looking at E-permitting systems and E-plans review.  They have started talking with vendors about options and have had one demonstration from OnBase and have another one scheduled with NaviLine next month.  She said there is a cost associated with that and the Board will have to consider that if they want staff to move forward on this.

     Chairman Carey said when staff brings the analysis to the Board, they need to see what it’s costing now to scan all the plans.  Staff has to scan and store documents.  If this is done electronically, that will eliminate all that.  She asked Ms. Guillet to make sure that cost is identified as well.

     Commissioner Dallari stated E-plan reviews do work and he has seen it done in several cities, as well as counties.  He said even with upfront costs, it will save in the long run.  He asked Ms. Guillet to reach out to the seven cities to see if any of them would like to participate with the County to drive down the cost and have some uniformity across the municipal lines.  He also thinks it’s important to bring this back during the budget process so that if the Board does want to move forward, they know what that dollar figure is, so they don’t have to wait for another fiscal year.  He asked Ms. Guillet to let Mr. Hartmann (new incoming County Manager) know about that as well.

     Ms. Guillet continued with review of the Planning and Development process.  She said they think that by going back to once-a-week DRC (Development Review Committee) meetings and by making pre-applications optional or request comment only pre-applications, that will shave one to two weeks off the initial submittals, and maybe one to two more weeks off depending on how many submittals there are and how complicated the project may be.  The more complicated the project, the more time they will save.  Ms. Guillet reviewed the internal agenda preparation time frame and stated they are looking at internal ways to reduce that from the current time frame of approximately 45 days.  The staff thinks they can shave a couple of weeks off this review process for development items. 

     Upon inquiry by Commissioner Horan, Ms. Guillet explained the time frame for review of the development items.  Chairman Carey said you can see why they are trying to compress this, because if you’ve ever submitted an item to Seminole County, it is quite lengthy to get it to P&Z (Planning and Zoning) and the BCC.  She stated Ms. Guillet and Mr. Applegate will be meeting to discuss how they can speed up the process to try to streamline it. 

     Commissioner Horan said the complaint he hears all the time from builders, especially in the commercial area, is that fire review holds things up.  He asked if Ms. Guillet is addressing that. 

     Ms. Guillet stated in the Building permit review, staff only looked at the internal building review.  Fire is a component of that and they did map their processes, and they add about three to five days on average to a building permit reveiw.  She talked with the Public Safety Director Tad Stone this morning about working with them to throw that into the mix too.  She thinks E-plan review is a perfect opportunity to compress that.  She said sometimes things get hung up in the different divisions of the DRC and she thinks she has a fix for that. 

     Chairman Carey said this is great information and she thinks it is the consensus of the Board that they want to move all of these forward as quickly as possible.  They would like to see the electronic review come forward as an estimate in the budget, even if it is a placeholder, to make sure there is a number so the County Manager can get that into the budget that is due to the BCC on July 15. 

     Ms. Guillet indicated she had a couple more items to review, but could meet individually with the Board, and Chairman Carey said it would be better to do that.  That will give Ms. Guillet an opportunity to meet with Mr. Applegate and Mr. Stone and pick up any loose pieces to have better answers when she talks to the Board members.

ITEMS FOR FUTURE AGENDA – CITIZENS

     John Horvath, 1004 Bradford Drive, addressed the Board to state that with the way the economy has been over the years, the cities, counties and the School Board have worked individually on a lot of things and also have worked collectively on a lot of things.  For a lot of the barriers out there, they need to look at them to see if they can all cooperate on them, like the Museums and other things.  He said he is always looking at how they can stretch the tax dollars and still serve the taxpayers without getting too many politicians upset.  He’s been going on websites all over the country and it’s happening all over the country too.  They do need to work together now and into the future as they have done in the past.

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     John Casselberry, 700 S. Lost Lake Lane, addressed the Board to state he talked to the Board earlier about what looks like some negative influences of the Judges over the Clerks.  He stated he has done some more research.  He said at the previous meeting that Seminole County needs to be out of Brevard County and in Orange County as far as a Judicial circuit.  He wants to clarify that this is nothing negative he’s saying about Brevard County attorneys, and he doesn’t want to accidentally endorse Orange County attorneys, because for 40 or 50 years his family has been visibly or invisibly attacked by Orange County attorneys.  He is saying that he thinks the circuit for Seminole County should probably be with Orange County and not in Brevard County.  He concluded that the economic reality is that Seminole County and Orange County are in the same legal, economic environment.  If they are in the same circuit, that will give the Seminole County attorneys a chance to have more influence in Orange County. 

     Upon further comments by Mr. Casselberry, Chairman Carey explained that the County owns the Courthouse building, but it is actually used by the Circuit; and the Judges are not under the BCC’s jurisdiction but are elected or appointed by the Governor independently.  The Judicial system falls under the State.  She said if he wants to have the district changed, that would be something the State Legislature would have to address and not the BCC.  Further, she explained that all the deputies that work for the Sheriff’s Department work for the Sheriff and are assigned to the duty of being a deputy in a courtroom.  Again, that is not under the Board’s jurisdiction, but falls under the Sheriff who is his own independent Constitutional Officer.  She suggested Mr. Casselberry talk to the Sheriff about his concerns.

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     Chairman Carey reminded the Board of the specially-called Expressway Authority meeting to convene after a five-minute recess.

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     There being no further business to come before the Board, the Chairman adjourned the meeting at 2:21 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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