BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

AUGUST 14, 2012

 

     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, August 14, 2012, 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 (late)

     County Manager James Hartmann

     County Attorney Bryant Applegate

     Deputy Clerk Jane Spencer

    

 

     Pastor Wes Tanksley, Riverwalk Church of God, Sanford, gave the Invocation.

     Commissioner Dallari led the Pledge of Allegiance.

COUNTY MANAGER’S CONSENT AGENDA

     James Hartmann, County Manager, addressed the Board to advise there is an additional item, Item #26A, Budget Amendment Request (BAR) in the amount of $1,804,913, that corresponds with Item #29, Award CC-7968-12, Construction and Modification of Four Communication Towers.

     Commissioner Dallari requested that Item #2, Recommendations for Allocations for Community Services Partnership Grant funds in the amount of $869,000, be pulled for a separate discussion.

     Upon inquiry by Commissioner Dallari regarding Item #29, CC-7968-12, Construction and Modification of Four Communication Towers, Tad Stone, Director of Public Safety, addressed the Board to state they are close to wrapping up the first phase of the process.  Mr. Stone explained that substantial completion inspections are taking place on the towers at Geneva and Yankee Lake and described the progress on the Landfill tower.  Mr. Stone stated there is one generator issue that will be coming back on a separate bid for the prime site, which is at Five Points; but he advised this should wrap everything up as far as tower construction, steel in the sky.

     Upon inquiry by Chairman Carey regarding Item #17, Certificate of Public Convenience and Necessity for Falck Southeast, II, Corp., Mr. Stone explained that they have the transfer agreements and are waiting on the final insurance certificates.  Chairman Carey verified with Mr. Stone that the transfer will not be official until the County receives the insurance certificates, which also name the County as “additionally insured.”

     Regarding Item #24, Budget Amendment Request (BAR) for additional funding for the Fire Station Wind Retrofit Project, Chairman Carey requested clarification and asked whether the $1,850 is the total amount for all of the fire stations or is it just referencing Fire Station #35.  Ed Batyton, Fleet and Facilities Manager, addressed the Board to explain that the $1,850 is for powder coating on the rollup doors.  Ray Hooper, Purchasing and Contracts Manager, addressed the Board to state that the purpose of the BAR was to add $1,850, which they were shy, to fully encumber the contract.  Mr. Stone stated that the money added is just for Fire Station #35.

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

Community Services

Business Office

 1.  Approve and authorize the Chairman to execute the Amendment, as shown on page _______, to Specialized Treatment, Education and Prevention Services, Inc. Agreement for Seminole County's Adult Drug Court Enhancement and Expansion Grant from the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration.

Community Assistance Division

 3.  Approve and authorize the Chairman to execute the Federally‑Funded Subgrant Agreement, as shown on page _______, for the 2012‑2013 Community Services Block Grant Award between the State of Florida Department of Economic Opportunity and Seminole County in the amount of $171,820.

Community Development Division 

 4.  Adopt appropriate Resolution #2012-R-148, as shown on page _______, approving and authorizing the Director of Community Services to execute regulatory required HOME Agreements between qualified individuals and Seminole County for approved rehabilitation or reconstruction of homes using HOME Investment Partnership Program grant funds.

P.A.Y. Division 

 5.  Approve and authorize the Chairman to execute the Memorandum of Understanding, as shown on page _______, between Seminole County, Eighteenth Judicial Circuit Court and Seminole County Victims' Rights Coalition, Inc. for agencies to work in collaboration for the Domestic Violence Initiative.

 

Environmental Services

Solid Water Management Division

 6.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for Orlando Waste Paper Company, Inc., effective from October 1, 2012 through September 30, 2013.

 7.  Approve Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Veolia ES Solid Waste Southeast, Inc., from October 1, 2012 to September 30, 2013.

 8.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for Conex Recycling Corporation, effective from October 1, 2012 through September 30, 2013.

 9.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for GLE Scrap Metal‑Florida, Inc., effective from October 1, 2012 through September 30, 2013.

10.  Approve Renewal of Non‑Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with WCA of Florida, LLC, from October 1, 2012 to September 30, 2013.

11.  Approve Renewal of Non‑Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Services of Florida, Inc., from October 1, 2012 to September 30, 2013.

12.  Approve Renewal of Non‑Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Management Inc. of Florida, from October 1, 2012 to September 30, 2013.

13.  Approve Renewal of Non‑Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Pro of Florida, Inc., from October 1, 2012 to September 30, 2013.

14.  Approve and authorize the Chairman to execute the Seminole County and City of Lake Mary Interlocal Disaster Debris Site Agreement, as shown on page _______. 

15.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for Comfort House, Inc., effective from October 1, 2012 through September 30, 2013.

16.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for SP Recycling Corporation, effective from October 1, 2012 through September 30, 2013.

    

Public Safety

Business Office 

17.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, and Assignment of Non‑Exclusive Ambulance Franchise Agreement, as shown on page _______, for Falck Southeast II, Corp., d/b/a American Ambulance. 

 

Public Works

Engineering Division 

18.  Approve and authorize the release of a Right‑of‑Way Utilization Permit Maintenance Letter of Credit (Number SM223316W) in the amount of $11,697.98 submitted for roadway improvements to East Airport Boulevard consisting of the construction of a left and right turn lane and sidewalk in conjunction with the Amberlee Townhomes Project. 

19.  Approve and authorize the release of a Right‑of‑Way Utilization Permit Maintenance Letter of Credit (Number 197) in the amount of $5,040.00 submitted for roadway improvements to Orange Boulevard consisting of the construction of a left turn lane and sidewalk in conjunction with the Orange 46 Plaza Project.

20.  Adopt appropriate Resolution #2012-R-149, as shown on page _______, and authorize the Chairman to execute a County Deed, as shown on page _______, conveying all right, title and interest in land identified as Parcel Number 174.1R, Parts A, B, C and D, to the Florida Department of Transportation in conjunction with improvements to State Road 400 (Interstate 4) from the Orange County Line North to Central Florida Parkway. 

 

Traffic Engineering Division

21.  Adopt appropriate Resolution #2012-R-150, as shown on page _______, to decrease the speed limit from 35 mph to 25 mph on Mikler Road in its entirety from Red Bug Lake Road south 1.2 miles.

22.  Adopt appropriate Resolution #2012-R-151, as shown on page _______, to increase the speed limit from 45 mph to 50 mph on East Lake Mary Boulevard between Red Cleveland Boulevard and State Road 46 comprising a 3.6-mile length.

23.  Authorize Chairman to execute the Service Provider Identification Number and Contact Information Form (SPIN Application), as shown on page _______, which would qualify the Seminole County School Board to apply for federal grants and receive funds for the Fiber use fees paid to Seminole County.

 

Resource Management

Budget and Fiscal Management Division

24.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-152, as shown on page _______, implementing Budget Amendment Request (BAR) #12‑096 through the Fire Fund for additional funding in the amount of $1,850 to support the installation of Florida Certified Large Missile Impact Hurricane Barriers for the Fire Station Wind Retrofit Project #01785123 at Fire Station #35.

25.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-153, as shown on page _______, implementing Budget Amendment Request (BAR) #12‑099 through the Community Services Grant Funds in the amount of $106,236 in order to remove grant funding from the Lake Hodge Outfall project.

26.  Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to the Hosted Application Service and License Agreement between Sarasota County, Florida and Seminole County, Florida, for GovMax, a web‑based software solution used for budget and fiscal management, changing the support provider from MethodFactory to Sarasota County, Florida.

26A. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-154, as shown on page _______, implementing Budget Amendment Request (BAR) #12-102 in the amount of $1,804,912 through the General Fund and Infrastructure Improvement/Capital Projects Fund to increase appropriations for the Communication Tower Replacement Project (00249201).

Purchasing & Contracts Division

27.  Award IFB‑601448‑12/TLR, Term Contract, as shown on page _______, for Solid Waste and Recycling Services for County Facilities, to WCA of Florida, LLC, Gainesville; and authorize the Purchasing & Contracts Division to execute the Agreement.

28.  Award RFP‑7687‑12/AMM, Agreement, as shown on page _______, for Fire Station Wind Retrofits Phase II, in the amount of $221,711.00 to Atlantic Coast Hurricane Shutters, Inc. of Port Orange, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.

29.  Award CC‑7968‑12/RTB, Agreement, as shown on page _______, for Construction and Modification of Four (4) Seminole County Communication Towers in the amount of $2,086,907.08 to Tower Systems South, Inc., of Winter Park; and authorize the Purchasing & Contracts Division to execute the Agreement.  

 

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

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Discussion ensued with regard to Item #2, Recommendations for Allocations for Community Services Partnership Grant Funds in the amount of $869,000.

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

Commissioner Dallari asked Valmarie Turner to confirm that in regard to the Tier I funding requests, the minimum amount that they are able to provide is $50,000.  Valmarie Turner, Director of Community Services, addressed the Board to state that is correct.  Ms. Turner confirmed that she would have given a little less than $50,000; but since that was the minimum per the County’s policy, that is what she was giving some of them.

Commissioner Dallari confirmed with Ms. Turner that one or two did not get funded; and one in particular, Recovery House, did not get funded because some of the paperwork did not get submitted in time.  Commissioner Dallari requested that the Board allow staff to go back through the agencies to make adjustments, up or down, and try to fund the two that the County was unable to fund.

Ms. Turner stated that Habitat for Humanity will be funded from a grant.  She stated there is only one agency, Recovery House, they did not fund.  Commissioner Dallari stated since the policy says the minimum amount the County can give each group is $50,000, he would like to amend that and allow staff to go back through the numbers to see if they can “work their magic.”  Commissioner Van Der Weide agreed.

Upon inquiry by Commissioner Horan, Ms. Turner stated their current year’s budget is $682,000, which is how they budgeted the allocations.  She stated they are asking the Board to not only approve the recommendations but the budget as well.  They originally received $682,000 last year, which is what they budgeted; but in order to fund Tier II, they are asking for a budget of $869,000. 

Commissioner Horan confirmed with Ms. Turner that the allocations are based upon a policy that the Board approved back in 2007, which is attached to the agenda item.  He stated that he agrees with Commissioner Dallari regarding Recovery House.  Commissioner Horan encouraged the Board to look at the attached policy to see if it makes sense in today’s environment.  Chairman Carey agreed that they should probably look at all policies that are more than four or five years old.

Upon inquiry by Chairman Carey as to whether or not they could fund Recovery House’s request in a way similar to what they are doing with Habitat for Humanity’s request, not taking it from the CSA partnership grants, Ms. Turner responded they could not at this time.  Chairman Carey suggested that it might be appropriate if Ms. Turner could come back with a recommendation specifically for Recovery House at the next BCC meeting.  Upon inquiry by Commissioner Henley, Ms. Turner stated Recovery House did submit their documentation, but it was after the fact.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve staff recommended allocations for Community Services Partnership Grant funds in the amount of $869,000 FY 2012‑2013 to the following agencies:  Meals on Wheels, Intervention Services, Seminole Coalition for School Readiness, Kids House of Seminole, Safehouse Shelter, Boystown, Catholic Charities, Christian Sharing Center, Salvation Army, Seniors First, Foundation of Seminole County Public Schools, Lighthouse Central Florida, Jewish Family Services, Harvest Time International, Heart of Florida United Way, The Grove, Safehouse YANA Project, Boys & Girls Club, and Special Olympics; and that the Recovery House’s request be brought back as a separate item on August 28.

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

COUNTY ATTORNEY’S CONSENT AGENDA 

 

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

30.  Approve a proposed Settlement Agreement, as shown on page _______, with the property owners, Lutheran Haven, Inc., as to Parcel Numbers 104, 106, 107 and 145/145A/745 and Lutheran Haven Nursing Home and Assisted Living Facility, LLC as to Parcel Numbers 146/746 on the Chapman Road project for $2,183,404.28 full compensation, jointly and severally, of all claims including value of land and improvements taken, severance damages, business damages and other damages, statutory interest, statutory attorney fees, expert's fees and cost reimbursements; authorize the Chairman to execute a Traffic Signal Installation Agreement, as shown on page _______, and a Traffic Signal Maintenance Agreement, as shown on page _______, between Lutheran Haven, Inc. and Seminole County; and authorize the Chairman to execute two Drainage Easements, as shown on page _______, (Lutheran Haven, Inc., and Lutheran Haven Nursing Home and Assisted Living Facility, LLC) and two Utility Easements, as shown on page _______, (Lutheran Haven, Inc.).

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

 

     Clerk’s Office

     31. Approve Expenditure Approval Lists, as shown on page _______, dated July 9 and 16, 2012; and Payroll Approval Lists, as shown on page _______, dated July 5 and 19, 2012; authorization to destroy records as identified on the BCC Destruction List; and execution by all Commissioners of the 2011 Property Tax Roll Final Report, as shown on page _______, identifying errors, insolvencies, double-assessments and discounts.

 

     Sheriff’s Office

     32. Approve expending $2,000 from the Law Enforcement Trust Fund to provide for a contribution to Women of Renewing Minds.

     33. Approve expending $2,000 from the Law Enforcement Trust Fund to provide a contribution to the Foundation for Seminole County Public Schools in support of a bullying-prevention program.

 

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

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

1.  Closeout, as shown on page _______, to Work Order #45 to CC-2184-07.

2.  Amendment #1, as shown on page _______, to Work Order #2 to M-5004-09.

 

3.  Amendment #3, as shown on page _______, to Work Order #2 to RFP-6174-10.

 

4.  Amendment #2, as shown on page _______, to Work Order #15 to M-5004-09.

 

5.  First Amendment, as shown on page _______, to IFB-601251-11.

 

6.  Assignment, as shown on page _______, of RFP-600650-09 to Vector Disease Control International, LLC.

 

7.  First Amendment, as shown on page _______, to RFP-600650-09.

 

8.  Second Amendment, as shown on page _______, to IFB-600537-08.

 

9.  Change Order #1, as shown on page _______, to CC-7126-11.

 

10.  Work Order #75, as shown on page _______, to CC-1284-06.

 

11.  Work Order #10, as shown on page _______, to PS-2051-07.

 

12.  Work Order #32, as shown on page _______, to PS-3914-08.

 

13.  Amendment #2, as shown on page _______, to Work Order #68 to RFP-4214-04.

 

14.  Work Order #106, as shown on page _______, to PS-1074-06.

 

15.  Change Order #4, as shown on page _______, to CC-6460-11.

 

16.  Fourth Amendment, as shown on page _______, to IFB-600319-08.

 

17.  Work Order #40, as shown on page _______, to RFP-5465-10.

 

18.  Amendment #1, as shown on page _______, to Work Order #88 to PS-1529-06.

 

19.  Work Order #24, as shown on page _______, to PS-2564-07.

 

20.  Change Order #3, as shown on page _______, to Work Order #25 to CC-2183-07.

 

21.  Closeout, as shown on page _______, of Work Order #20 to CC-2183-07.

 

22.  First Amendment, as shown on page _______, to IFB-601135-11.

 

23.  Amendment #2, as shown on page _______, to Work Order #68 to PS-1529-06.

 

24.  Work Orders #41 and #42, as shown on page _______, to RFP-5465-10.

 

25.  Work Order #1, as shown on page _______, to RFP-CS02-12.

 

26.  Work Order #95, as shown on page _______, to PS-5120-02.

 

27.  Work Order #1, as shown on page _______, to RFP-7423-12.

 

28.  Work Order #26, as shown on page _______, to PS-2249-07.

 

29.  Closeout, as shown on page _______, to Work Order #70 to CC-1284-06.

 

30.  Fourth Amendment, as shown on page _______, to RFP-600933-10.

 

31.  Amendment #1, as shown on page _______, to Work Order #13 to PS-5438-10.

 

32.  Work Order #2, as shown on page _______, to RFP-7423-12.

 

33.  Work Order #1, as shown on page _______, to RFP-CS01-12.

 

34.  Letter from Seminole County Public Schools to Brenda Carey, Chairman of the Board of County Commissioners, and Maryanne Morse, Clerk to the Board of County Commissioners, enclosing School Board Resolution 2012-06 requesting millage referendum be placed on the November 6, 2012 ballot.

 

35.  County Attorney’s Office Intraoffice Memorandum dated July 21, 2011 regarding Seminole County School Board meeting and proposed election issues.

 

36.  Board of Adjustment Development Orders, as shown on page _______, as follows:  #12-30000029, Todd and Lisa Norman; #12-32000008, Suncor Properties, Inc.; and #12-0000027, Raymond and Michelle Krogman.

 

37.  Development Order, as shown on page _______, #12-30000046, Theresa Walburger, Administrative variance.

 

38.  Seminole County Certificate of Costs of Abatement, as shown on page _______, #12-08900003, for Bradley D. and Angela R. Smith, 247 Churchill Drive.

 

39.  First Amendment, as shown on page _______, to Legal Services Consultant Agreement for Allied Veterans of the World, Inc. v. Seminole County, Florida, The Skambis Law Firm.

 

40.  Cash Maintenance Bond, as shown on page _______, for Water and Sewer for the project known as Colonial Grand @ Lake Mary Phase 1 in the amount of $4,955.

 

41.  Parks Contract for Services, as shown on page _______, for the following:  Donald Childs, Tammy Childs, Karen Fay, William Kelly, Malcolm McGregor, Mary Jane McGregor, and Dale Moore.

 

42.  Resolution 2012-R-115, as shown on page _______, appointing Harley Parkhurst to the Code Enforcement Board as approved by the Board of County Commissioners on June 8, 2012.

 

43.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service between Seminole County and Heathrow Master Association for the project known as Heathrow Management Facility.

 

44.  Bids for RFP-7687-12.

 

REGULAR AGENDA

John Krug, Director of Economic Development, addressed the Board to introduce John Little, Little John Engineering, who is representing the City of Oviedo.  He introduced Rick Weddle, Metro Orlando EDC, and two of his team members, Tracy Turk and Nate Groover.

Bill McDermott, Economic Development, addressed the Board to present a request to approve Design Interactive, Inc. as a Qualified Target Industry Business; approve appropriation of $12,000 as local participation in the Qualified Target Industry tax refund program; and approve an Interlocal Agreement with the City of Oviedo.  Mr. McDermott introduced John Stanney, the Senior Vice President of Finance and Human Resources of Design Interactive, Inc.  He explained the company is creating 12 new jobs with an average wage of $75,992.  The City of Oviedo approved this at their August 6 meeting.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt appropriate Resolution #2012-R-155, as shown on page _______, recommending Design Interactive, Inc. be approved as a Qualified Target Industry (QTI) Business; approve an appropriation in the amount of $12,000 as local participation in the QTI tax refund program; and authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, with the City of Oviedo.

Under discussion, Commissioner Henley stated that the Board, in the past, has asked that the length of time for return on investment be included in the agenda memorandum.  He stated the Board has also asked for a running balance in the Economic Development account as items are approved.  He stated that information should be in all QTI’s coming forward.

Mr. McDermott agreed to provide that information.  He also agreed to provide quarterly reports updating the status of projects that have been approved starting in September.

Chairman Carey advised Mr. Krug that going forward, his agenda items need to include the Return on Investment document.

Commissioner Horan explained that on this item, the conditions of the award are the creation of 12 new jobs in one year and a capital investment of $30,335; and yet the incentive will paid over a four-year period.  He stated to him, it seems there are adequate safeguards in effect.

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

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     Bill McDermott, Economic Development, presented a request to approve ProActive Training Technologies FL, LLC, as a Qualified Target Industry Business and approve an appropriation of $36,800 as local participation in the Qualified Target Industry tax refund program.  Mr. McDermott introduced Robert Acevedo, the president of ProActive Training Technologies.  He stated that ProActive Technologies will create 46 new jobs with an average annual wage of $64,565.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt appropriate Resolution #2012-R-156, as shown on page _______, recommending ProActive Training Technologies FL, LLC, be approved as a Qualified Target Industry Business; and approve an appropriation of $36,800 as local participation in the Qualified Target Industry tax refund program.

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

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     Bill McDermott, Economic Development, introduced Grant Garris, Director of Client Services for Paylocity.  Mr. McDermott presented a request to approve a Jobs Growth Incentive (JGI) Funding Agreement with Paylocity Corporation; approve an appropriation of $166,000 as the JGI grant incentive funds; and approve the Interlocal Agreement with the City of Lake Mary.  Lake Mary will be approving the agreement this week.  He stated that Paylocity will create 83 new jobs with an average annual salary of $39,000. 

     Chairman Carey confirmed with Mr. McDermott that the Board’s approval will be subject to Lake Mary’s approval.

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute the Funding Agreement, as shown on page _______, with Paylocity Corporation; approve an appropriation of $166,000 as the JGI incentive; and approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, with the City of Lake Mary, contingent upon the City of Lake Mary’s approval.

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

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     Liz Parkhurst, Economic and Community Development Services, addressed the Board to present an appeal of Deputy County Manager’s denial to hear the Request for Reduction of the Code Enforcement Board lien, from $132,000 to $1,683.21, for Case #09‑163‑CEB on the property located at 2428 Fawn Run, Oviedo. 

Ms. Parkhurst gave a brief history of the case.  She explained that the property was sold on February 1, 2011; and after taking ownership of the property, the new owner, Robert Shorr, took 164 days to bring the violation into compliance.  Ms. Parkhurst further explained that there were administrative delays associated with the issuance of the building permit to correct the violation relating to the septic tank permit.  Staff recommends that the Board reduce the lien from $132,000 to the administrative costs of $1,683.21 and requests that the staff report be made a part of the record.

Commissioner Dallari stated this property had severe issues with Code Enforcement; and once it was taken over by the present property owner, they did work quickly and effectively.  He explained the issues the property owner had with trying to obtain permits and stated he believes it is prudent to reduce the lien to the administrative costs. 

Chairman Carey discussed her conversation with Mr. Shorr in January of 2011 when she told him if you buy a property knowing there is a lien, you are going in with your eyes wide open.  She asked if there is a timeline as to what the delays were.  Commissioner Dallari discussed a document (received and filed) which outlines the timeline for bringing the property into compliance.

With regard to the property, Commissioner Horan compared what was present and what was built and stated he believes this is a wonderful investment in the tax base.  He stated he believes this would be a good expression of public policy to waive the lien in this particular situation because the County will derive a lot of benefit from what Mr. Shorr did to improve the property. 

Chairman Carey stated the reason she wanted a public discussion about this was because she does not want anyone to start to think that every time something comes before the Board, the lien will be waived.  She stated this property is a wonderful improvement.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve a reduction to the Code Enforcement Board lien, from $132,000 to the administrative costs of $1,683.21, for Case #09‑163‑CEB on the property located at 2428 Fawn Run, Oviedo, Ian R. Waxler (previous owner), Robert D. Shorr (current owner); require this reduced amount to be paid within 60 days or the lien will revert to its original total amount of $132,000; and authorize the Chairman to execute the Satisfaction of Lien upon payment in full.

Commissioner Henley confirmed with Ms. Parkhurst that there were no delinquent taxes on the property.

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

COUNTY MANAGER AND STAFF BRIEFINGS

     County Manager Jim Hartmann requested confirmation from the Board for the appointment of Anthony Qualls as Chief Information Officer.  He briefly described Mr. Qualls’ work history. 

Upon inquiry by Commissioner Dallari, Mr. Hartmann stated he will be looking at outsourcing during the course of the next year for whatever opportunities make sense, which will be brought back to the Board, and that Mr. Qualls' appointment will not preclude that.  

Commissioner Henley stated that even if they outsource, the County will need someone on staff to work with them.

Motion by Commissioner Henley, seconded by Commissioner Horan, to confirm the appointment of Anthony Qualls, as the Chief Information Officer, Information Services Department.

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

Upon inquiry by Commissioner Horan, Mr. Hartmann described how Mr. Qualls’ position will report directly to him and will also bring back some of the centralization of how the County makes I.T. decisions.

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     Mr. Hartmann requested the Board's agreement to allow him to teach the Masters of Public Administration Capstone course at UCF in the fall. 

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve the County Manager's request to teach the Masters of Public Administration Capstone course at UCF in the fall.

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

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     County Attorney Bryant Applegate advised that Assistant County Attorney Susan Dietrich will be leaving the County Attorney's Office to take a position as in-house counsel to the Clerk of Court.  He stated for the time being, he will be taking over the legislation responsibilities that Ms. Dietrich had been doing. 

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Mr. Applegate stated he hopes to have a recommendation for where, on advice of counsel, the Board should proceed on the Medicaid issue.  He stated the number has changed again and has gone down more.  There is considerable debate going on among the agency, the state, the lawyers and the Florida Association of Counties (FAC).  Everything is in a state of flux.  Chairman Carey stated the County started at an estimate of over $3 million and it is down to approximately $940,000. 

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With regard to legislative changes, Mr. Applegate advised he will be the one tracking the changes in the legal department.  Chairman Carey stated before they get into the upcoming legislative session, they will need to assign someone to assist him to make sure they are able to track the changes.  Mr. Hartmann stated that Lisa Spriggs, Director of the Resource Management Department, has some good thoughts about having Kathy Moore serve in the role as well as being the MSBU coordinator.

Commissioner Dallari stated they need to be tracking the federal issues as well.

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Mr. Applegate stated that Lynn Porter-Carlton, Deputy County Attorney, has done an incredible job dealing with the Medicaid issue. 

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Commissioner Henley asked if the Board plans to have any workshops on the amendments that are coming up in November that deal with reduction in revenue to local governments.  He stated he believes they need to be well briefed and at the same time help to educate the public since these things are going to have a significant impact.

Mr. Applegate stated he met with the Property Appraiser last week and David Johnson will be making a presentation on the key amendments at his presentation on the budget process.  Included in that will be the submission of two reports on the possible foreseeable impact the proposed budget amendments will have.

Chairman Carey stated it would also be helpful to have a presentation from Mr. Johnson and a team of people prior to their next board meeting and maybe do a series or something like that so they can make sure that they understand before they get finished with the budget workshop.

Commissioner Dallari stated when they met with FAC a couple weeks ago, they asked Lisa Spriggs to bring back the implication it would have on the County's budget as well.

Mr. Applegate stated he will ask Mr. Johnson to provide a report on the constitutional amendments.

Chairman Carey confirmed with Mr. Hartmann that at the first budget workshop on August 16, both Mr. Johnson and Ms. Spriggs will have the information for the Board; and then possibly make a more formal presentation at the next board meeting.

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Chairman Carey reminded everyone that there is a work session immediately following to discuss the Sports Complex and the Trailhead near the Central Florida Zoo. 

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Chairman Carey recessed the meeting at 10:20 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Commissioner Van Der Weide and Clerk of Circuit Court Maryanne Morse being absent) with the exception of Deputy Clerk Jane Spencer, who was replaced by Deputy Clerk Terri Porter and Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

     Districts 1, 2, 4 and 5 voted AYE.

PUBLIC HEARINGS

CONSOLIDATED STREET LIGHTING

DISTRICT ORDINANCE

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Amended Consolidated Street Lighting District (CSLD) Ordinance, repealing and replacing Ordinance #2011-22, received and filed.

     Kathy Moore, MSBU Program Manager, addressed the Board to state that in Seminole County, street lighting is funded publicly through non-ad valorem assessments or privately by individuals, associations or other organizations.  The revisions proposed to the Ordinance include two new Municipal Services Benefit Units (MSBU) that were established by application petition requests and three administrative assessment boundary adjustments recommended to approve the assessment allocation.  Staff requests adoption of the revised Ordinance.  If approved, the Ordinance will be effective October 1, 2012.

     AnnaMae Collins-Branch, 515 San Lanta Circle, addressed the Board to state she feels she should not have to pay for the street lighting in Midway because there is no house on her property.  She stated the property is owned by her mother but she pays the assessment. 

     Upon Chairman Carey’s request, Ms. Moore explained that the Midway Street Lighting MSBU has been in place for more than 12 years and is an annual assessment to all properties in the Midway vicinity.  The assessment is charged to all properties whether they have a dwelling, whether the dwelling is occupied or whether there are vacant lots.  She confirmed that street lighting was voted on by the property owners prior to its installation.

     Inez Howell, 2220 Jitway Avenue, addressed the Board to state she has property in Midway with no dwelling and doesn’t believe she should have to pay the assessment for the lighting.

     Chairman Carey explained that the lighting is there because the Midway community voted for it.  The County advanced the money to the community who agreed to pay it back over a period of time.

     Ms. Branch stated that they pay taxes on the property, but she does not believe they should have to pay for the street lighting.

     No one else spoke in support or opposition.

     Upon inquiry by Commissioner Carey, Ms. Moore stated the average assessment for street lighting is approximately $20.00 to $25.00 per year.  She also stated that street lighting provides security and safety to the general area.

     Upon inquiry by Commissioner Dallari, Ms. Moore stated the street lighting MSBU process begins with an application from a property owner or group of property owners.  After the application is reviewed, staff consults with the power company to determine what the cost to install the lights will be and what the annual operating cost for the equipment will be.  Petitions are sent to the property owners seeking feedback whether they are in support or opposed to creating the MSBU.  The County requires that at least 55% of the property owners provide written confirmation of their support. 

Chairman Carey stated there are 972 lots that pay for all the lighting in Midway.

     No one else spoke in support or opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Horan to adopt the Amended Consolidated Street Lighting District Ordinance #2012-17, as shown on page ______, repealing and replacing Ordinance #2011-22, as described in the proof of publication.

     Districts 1, 2, 4 and 5 voted AYE.

2012 NON-AD VALOREM

ASSESSMENT ROLL RESOLUTION

     Proof of publication, as shown on page ________, calling for a public hearing to consider approval of a Resolution to adopt the 2012 Non-Ad Valorem Assessment Roll for Unincorporated Seminole County with certification provided to the Seminole County Tax Collector, received and filed.

     Kathy Moore, MSBU Program Manager, stated that in Seminole County, a variety of essential public services are offered on the basis of non-ad valorem assessment funding.  Services include street lighting, residential solid waste management, aquatic weed control, lake restoration and essential construction improvements such as road paving, water and sewer line extension and neighborhood wall reconstruction.  Typically, the services are provided in response to the request of property owners.  The cost associated with providing the services is funded by special assessment levied against the property benefitting from the services.  The MSBU’s for which the 2012 assessments are levied were established previously by ordinance adopted at various public hearings.  With the exception of the street lighting MSBU’s created today, the assessment rates were authorized by the Board by resolution on May 22, 2012.  In response to the notice mailing, approximately 200 solid waste service option changes have been requested and processed.  The MSBU Program will continue to accept service option changes until September 1, 2012.  The final roll will be submitted to the Tax Collector in September for collection via the 2012 Property Tax bill.  Staff requests that the Board adopt and provide certification of the 2012 Non-Ad Valorem Assessment Roll.

     No one spoke in support or in opposition. 

     Motion by Commissioner Henley, seconded by Commissioner Horan to adopt Resolution #2012-R-157, as shown on page ______, approving the 2012 Non-Ad Valorem Assessment Roll for Unincorporated Seminole County with certification provided to the Seminole County Tax Collector, as described in the proof of publication.

     Districts 1, 2, 4 and 5 voted AYE

SEMINOLE COUNTY PORT AUTHORITY

     Proof of publication, as shown on page ________, calling for a public hearing to consider approval of the proposed budget for FY 2012-2013 for the Seminole County Port Authority (SCOPA), received and filed.

     Andrew Van Gaale, Port Authority Administrator, addressed the Board to state that in the current year, their operational revenue projections plan to be about $1.7 million with their operational expenses at about $1 million.  By the end of 2012, the operational profit margin is 39% or about $660,000 profit for the Port Authority.  In October, the Port Authority will present the County with a check for $450,000 out of the operational profit.  Mr. Van Gaale presented the figures for next year’s budget approved by the Port Authority in May 2012 as shown in the agenda memorandum.  They have had 100% occupancy in the past, but given the economy and the industrial market, they are hanging in there at about 85%.  They are still debt free.  Their major expenses go toward maintenance and repair of assets.  In 2013, they will most likely do some major repair and demolition of a fuel farm they have had for about 30 years and prepare it for future development.  Mr. Van Gaale requested that the Board approve the FY 2012-2013 Operational and Total Cash Budget for the Seminole County Port Authority.

     Chairman Carey stated that 85% occupancy in these economic times is something to be proud of.

Commissioner Henley said he appreciates all the Port Authority has contributed and stated they have been doing a good job.  He stated the contributions have gone down significantly but they are still asking the Board to spend the same amount.  Mr. Van Gaale responded that he had spoken to Commissioner Dallari about this.  On the fuel farm site, they have five large 350,000-gallon fuel tanks that have been decommissioned for about 12 years; and they are preparing to go out to bid to clean up the site.  Therefore, they are keeping a cushion in the bank to pay for that.

Commissioner Henley briefly discussed with Mr. Van Gaale the 3% increase for staff.

Commissioner Horan stated that SCOPA has an Advisory Board; and a member of that Board, who is a corporate lawyer, informed him that SCOPA runs a tight ship.  Commissioner Horan also stated he is impressed with the operations and particularly the occupancy rate.  He stated that hopefully the operation will continue to be a return on investment to the County from its original investment many years ago and thanked him for a good job.

     No one spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Horan to approve the Seminole County Port Authority Budget for FY 2012-2013, as described in the proof of publication.

     Districts 1, 2, 4 and 5 voted AYE.

DONNIE MYERS RV PCD MAJOR

AMENDMENT AND REZONE/Bryan Potts

     Proof of publication, as shown on page ________, calling for a public hearing to consider approval of the Donnie Myers RV PCD Major Amendment including the Second Amended and Restated Development Order, and an Ordinance adopting a rezone from Planned Commercial Development (PCD), Agriculture (A-1) and Commercial Retail (C-2) to Planned Commercial Development (PCD), for 11.18 acres located on the southwest corner of Orange Boulevard and Monroe Road, Bryan Potts, received and filed.

     Brian Walker, Planning and Development Division, addressed the Board to present the request.  The existing PCD and Development Order were adopted on April 12, 2011.  He reviewed what the proposed amendment will accomplish and stated it will also incorporate a master signage plan that includes a proposed 70-foot sign with a Cinevision Video Display.  If the amendment is approved, the applicant will need to seek a variance from the Board of Adjustment in order to get the sign to 70 feet.  On August 1, 2012, the Planning and Zoning Commission voted unanimously to recommend approval of the Donnie Myers RV PCD Major Amendment.  Staff also recommends approval of the request.

     No one else spoke in support or in opposition.

Upon inquiry by Chairman Carey, applicant Bobby Von Herbulis addressed the Board to explain why the 70-foot sign is critical to his operation notifying the traveling public.  The Interstate bridge is elevated at such a height over the site that the center of I-4 is 22 feet above their ground level.  They are allowed 15 feet above the center of the road, which would give the sign a 37-foot elevation.  The road continues to increase in height going to the north somewhere between 12 and 15 feet higher.  They need a sign large and high enough so travelers can see it and exit the Interstate at Exit #104 before the next exit at SR 46, where they would need to maneuver a large RV through Seminole Towne Center Mall traffic.

     District Commissioner Carey recommended approval.

     Motion by Commissioner Dallari, seconded by Commissioner Horan to approve the Donnie Myers RV PCD Major Amendment including the Second Amended and Restated Development Order, as shown on page ______; and adopt Ordinance #2012-18, as shown on page ______, approving the rezone from Planned Commercial Development (PCD), Agriculture (A-1) and Commercial Retail (C-2) to Planned Commercial Development (PCD), for 11.18 acres located on the southwest corner of Orange Boulevard and Monroe Road, as described in the proof of publication, Bryan Potts.

     Districts 1, 2, 4 and 5 voted AYE.

ORANGE BOULEVARD/LA MESA SMALL SCALE

FUTURE LAND USE AMENDMENT/Bobby Von Herbulis

     Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance enacting a Small Scale Future Land Use Amendment from PUB (Public, Quasi Public) to IND (Industrial), for 1.6 acres located on the north side of Orange Boulevard, approximately ¼ mile west of Monroe Road, more particularly known as 4300 Orange Boulevard, Bobby Von Herbulis, received and filed.

     Joy Williams, Planning and Development Division, addressed the Board to present the item as outlined in the agenda memorandum.  On August 1, 2012 the Planning and Zoning Commission voted unanimously to recommend approval of the request.  Staff recommends approval of the request.

     Chairman Carey stated the property is adjacent to the Port of Sanford and it was given the Public, Quasi Public jurisdiction in anticipation that the Port would someday buy it and they never did.

     No one spoke in support or opposition.

     District Commissioner Carey recommended approval.

     Motion by Commissioner Horan, seconded by Commissioner Dallari to adopt Ordinance #2012-19, as shown on page ______, enacting a Small Scale Future Land Use Amendment from Public, Quasi Public (PUB) to Industrial (IND), for 1.6 acres located on the north side of Orange Boulevard approximately ¼ mile west of Monroe Road, more particularly known as 4300 Orange Boulevard, as described in the proof of publication, Bobby Von Herbulis.

     Districts 1, 2, 4 and 5 voted AYE.

LAND DEVELOPMENT CODE

AMENDMENT ORDINANCE

     Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance amending Chapter 30 of the Land Development Code to establish zoning regulations regarding Pain Management Clinics, received and filed.

     Nicole Guillet, Economic and Community Development Services Director, addressed the Board to state that this item is one of two ordinances they will be bringing to the Board for their consideration to regulate pain management clinics within the County.  On January 11, 2011, the Board adopted a temporary moratorium on the issuance of business tax receipts for pain management clinics in the County, with the current extension set to expire on October 1, 2012.  The Ordinance proposed today deals with zoning and the second will deal with the licensing of pain management clinics.  Ms. Guillet explained the zoning regulations as well as the parking and hours-of-operation regulations as outlined in the agenda memorandum.  This Ordinance will only apply in unincorporated Seminole County, but regarding the licensing ordinance, they are proposing, to the degree it does not conflict with any local ordinance, that it also apply within municipalities; and will go into effect October 1, 2012.  Ms. Guillet explained why two public hearings are required.  Therefore, staff recommends the Board accept public comment on this Ordinance and authorize a second Public Hearing to consider its adoption.

     Upon inquiry by Commissioner Dallari, Ms. Guillet stated that the main thrust of House Bill (HB) 7095 prohibited doctors from dispensing Schedule II and Schedule III (opioid or opiate analgesic drugs) and placed some restrictions on pharmacies and how those drugs are dispensed.

     Sergeant Richard Griffin, Sheriff’s Office Pharmaceutical Diversion Unit, addressed the Board to state that aside from what was already mentioned, there were a number of regulatory items included in HB 7095.  Some of these items include the restriction of cash payments, the layout of the office, a requirement that a physician actually perform a physical examination on a patient every 90 days, and several other regulatory items designed to make it more restrictive and more difficult to operate outside the parameters of State Statute.

     Upon inquiry by Commissioner Horan, Ms. Guillet discussed the revisions (received and filed) that were distributed yesterday.  She stated that this Ordinance establishes a local definition for pain management clinics which is broader and captures more businesses than the State definition.  The State definition is basically that 50% of the pain management patients are prescribed pain management drugs.  Under the proposed County Ordinance, the definition is the clinic or doctor’s office that writes on average 20 prescriptions a day over a 30-day period of what is defined as dangerous drugs, which are the Schedule II and III drugs, or those written in combination with Schedule IV drugs.  Staff revised the section in the Ordinance that talks about non-conformities.  Any business defined as a pain management clinic that was operating legally on the effective date of the Ordinance would be considered a legal non-conforming use with regard to the C-3 zoning requirement, the separation and parking requirements.  The other requirements included would apply even to those businesses that were operating legally prior to the enactment of this Ordinance.

     Commissioner Horan stated that the definition of pain management clinics in this Ordinance is defined according to the County’s definition and not the State’s definition.  He questioned whether they should be concerned about any challenge to that.

Bryant Applegate, County Attorney, stated he believes that under the Charter, the County has the authority; however, he cannot guarantee there will be no challenges, but if there are, they will have a good argument.

Upon inquiry by Chairman Carey, Ms. Guillet stated the pain management clinics and true urgent care-type facilities are differentiated by the 20-prescriptions-a-day clause.

After inquiry by Chairman Carey, April Kirsheman, Sheriff’s Office, addressed the Board to state that exceptions taken out of the definition of pain management clinics included licensed hospitals or other licensed facilities or facilities owned or operated by hospitals.

After further inquiry by Chairman Carey, Ms. Kirsheman stated that if the business is not providing surgical or oncology procedures, to exclude themselves from the definition of a pain management clinic, they must not prescribe more than half of the amount of patients with Schedule II and III drugs, or those drugs written in combination with Schedule IV.  Chairman Carey confirmed that if a business is identified as an urgent care center, they will still be able to locate in the zoning classifications that they can now.

Ms. Guillet noted for the record that they consulted with a representative from the medical community, a medical doctor that deals with emergency medicine, to ensure they were not stretching too far with their definition; and the conclusion was that the amount of prescriptions that they are talking about, 20 on average a day, an urgent care or a general practitioner would not get caught in that.  In fact, they thought it was maybe almost a generous number.

Commissioner Horan commended the County Attorney’s Office and the Sheriff’s Office for a job well done.

No one spoke in support or opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Horan to authorize scheduling the second Public Hearing on the Ordinance amending Chapter 30 of the Land Development Code to establish zoning regulations regarding Pain Management Clinics on August 28, 2012 at 1:30 p.m., or as soon thereafter as possible, consistent with Section 125.66(4)(b), Florida Statutes, as described in the proof of publication.

     Under discussion, Commissioner Horan stated that the reason there is so much focus on this issue is that they are still losing seven to nine people a day in the State of Florida who are dying due to overdosing on these drugs.

     Districts 1, 2, 4 and 5 voted AYE.

CHAIRMAN’S REPORT

     Chairman Carey shared with the Board a letter she received from Kevin Spolski, a landowner abutting Lake Duchess.  He had requested a scheduling of the maintenance of the lake property out of sequence for his sister’s wedding event.  He sent the letter to recognize Bob Walter, the supervisor in the Engineering Department, and stated that the landscape maintenance services team did an excellent job in performing their duties and wanted to give kudos to the maintenance team.

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     Chairman Carey stated she received a request for a letter of support from Intervention Services.  They are applying for a grant to make interior improvements and general maintenance for the Seminole County property known as the Children’s Village in Winter Park.  Intervention Services is the housing for their youth that are aging out, who would typically be turned out onto the street; but as long as they are in their programs and they are in school, they will be able to continue to stay there.  There is no cost to the County for this.  They are looking for a letter signed by the Chairman on behalf of the Board of County Commissioners.  She stated that if no Board member objects, she will provide this so they can include it with their grant application.  No objections were voiced.

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     Chairman Carey stated they had the Florida Association of Counties (FAC) “All About Florida” tour update.  She notified the Board of changes that have happened since then including that the current president has taken an early retirement and the new FAC president will be Commissioner Bryan Desloge.  She believes they are planning to make that official at the work session they plan to have on legislative issues some time later this month.

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     Chairman Carey stated there was a conference call yesterday regarding Medicaid.  She was unable to participate; however, Mr. Applegate and his team attended the call to represent the County Commission as well as the follow-up call immediately after for all the attorneys.  Mr. Applegate will make a recommendation on Medicaid during the August 28 BCC meeting, which is a result of some of the discussions that are going on with the Florida Association of Counties.

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     Chairman Carey reminded everyone about the Budget Work Session on Thursday, August 16, at 9:00 a.m. and on the following Tuesday, August 21, at 10:00 a.m.  Prior to the August 21 work session, there will be a Special Board meeting regarding the Central Florida Zoo property beginning at 9:00 a.m.

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     Chairman Carey stated that today is Election Day.  She reminded everyone, as mentioned previously by Commissioner Dallari, that many people gave their lives so that others have the freedom to cast their votes on Election Day; and hopefully, people will take the opportunity to vote.

COMMUNICATIONS AND/OR REPORTS

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

1.    Copy of a letter dated July 18, 2012 to Chairman Brenda Carey from Alan Van Lewen, Florida Department of Health, regarding grant money available for the improvement and expansion of the County’s emergency medical services equaling $103,218. 

 

2.    Letter dated July 19, 2012 to Chairman Brenda Carey from U.S. Representative John Mica regarding the House of Representatives passing legislation relating directly to pro-life advocacy; protecting the unborn and preserving human life.

 

3.    Letter dated July 23, 2012 to Chairman Brenda Carey from David Johnson, Seminole County Property Appraiser, regarding the Seminole County Board of County Commissioners’ proportionate share of the total approved budget FY 2012-2013.

 

4.    Letter dated July 23, 2012 to Chairman Brenda Carey from David Johnson, Seminole County Property Appraiser, regarding the Seminole County/Municipal Fire District’s proportionate share of the total approved budget FY 2012-2013.

 

5.    Letter dated July 23, 2012 to Chairman Brenda Carey from David Johnson, Seminole County Property Appraiser, regarding the Seminole County Unincorporated Road District’s proportionate share of the total approved budget FY 2012-2013.

 

6.    Letter dated July 17, 2012 to Chairman Brenda Carey from Collier County Sheriff Major Clifford Manley, Jr. on behalf of Sheriff Donald Eslinger regarding 2012 Annual F.M.J.S. Facility Inspection Report of John E. Polk Correctional Facility.

 

7.    Letter to Seminole County Leaders from Michael Napier, Florida Department of Health, regarding a copy of the 2012 County Health Rankings and Roadmaps. 

 

8.    Letter dated July 18, 2012 to Chairman Brenda Carey from Clayton Wilder, Florida Department of Law Enforcement, regarding Contract No. 2011-ARRC-SEMI-1-W7-352 confirming receipt and acceptance of all financial and programmatic reports applicable to the referenced project.

 

9.    Letter dated July 26, 2012 to Chairman Brenda Carey from Diane Pickett Culpepper, Bright House Networks, regarding programming changes.

 

10.    Letter dated July 20, 2012 to Chairman Brenda Carey from Gary Causey, U.S. Department of Housing and Urban Development, regarding approval of FY 2011 Annual Action Plan Substantial Amendment Second ESG Allocation.

 

11.    Copy of Legal Order by Alan A. Dickey dated July 25, 2012 regarding Gerald Rutberg’s appointment as a substitute member of the Seminole County Canvassing Board in place of a County Commissioner.

 

12.    Copy of Legal Notice of Voluntary Dismissal and Release of Lis Pendens dated July 23, 2012 Citimortgage, Inc. v. Carlecia Keitt, Case No. 2010CA003504. 

 

13.    Copy of Legal Notice of Appearance of Additional Counsel for Plaintiff dated July 23, 2012 Citimortgage, Inc. v. Carlecia Keitt, Case No. 2010CA003504.

 

14.    Letter dated August 2, 2012 to Chairman Carey from Representative John Mica regarding an update on legislation that protects the unborn and preserves human life.

 

15.    Copy of letter dated August 7, 2012 to Chairman Brenda Carey from Orange County Commissioner Ted Edwards regarding the Interlocal Agreement for aquatic vegetation control in Lake Pickett.

 

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Henley distributed copies of some of the positions from organizations, including the League of Women Voters, regarding the Constitutional Amendments.  He stated he did not distribute the report from Dominic Calabro, President, Publisher and Editor of Florida TaxWatch Research Institute, due to its size, but said it would be in his office for the Board to review.  He stated that Mr. Calabro did not take any positions on it, but does state that his rule of thumb is, “If in doubt, keep it out.” 

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Commissioner Dallari stated he gave Mr. Applegate a copy of a packet he received last week from Bryant Miller Olive, a law firm that provided information on PACE.  Mr. Applegate is working on it and will report back to the Board, either individually or as a group.  The PACE process basically allows people to put some home improvements on their tax rolls.

Chairman Carey stated this is similar to their MSBU process, but on an individual basis.  She stated she believes they will be making the rounds to talk to the various Commissioners about it as well as staff and understands that the State has a couple of billion dollars to apply to it.  Commissioner Dallari said he is just trying to find out more information about it and wants to make sure that everyone has the caveat.

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Commissioner Dallari stated he had a meeting with staff regarding Chapman Road and the entrance to the Huntington sub-division.  He stated there were issues with the slope of the entrance and staff came up with a very good compromise.  He thanked staff whom he said put together a win-win situation and asked Mr. Blackadar to keep him informed. 

Brett Blackadar, County Engineer, addressed the Board to state that the Huntington Homeowners’ Association had a meeting last night and requested additional information.  Engineering continues to move forward with the plans and they hope to have them completed within the next week or two.

Commissioner Dallari stated that one of the problems was that vehicles with low profiles would bottom out.

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     Commissioner Dallari stated he has received phone calls regarding the Lake Pickett MSBU, which was on a previous Board meeting’s agenda and there were changes made to it.  He stated their concerns included deeded access properties paying their fair share.  He will bring it back to the Board once he gets more information.

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     Commissioner Horan stated that this past week, he had the opportunity to speak to the Private Business Association of Seminole on the County’s economic development efforts and how the business community can be involved in those efforts.  There was a lively question-and-answer period during which some people expressed concern about the duplicity and the time it takes to get permits, licenses, inspection approvals, etc.  Commissioner Horan stated they have not heard a lot of that lately because there has not been a lot of development.  He addressed the issue with Mr. Hartmann, County Manager, who also attended the meeting, and with Nicole Guillet, Economic and Community Development Services Director, with regard to the continuing efforts to make the permitting, licensing and inspection process from the County level more user friendly.  He said he believes what was emphasized to him from the public in this meeting is that a lot of times, it is not so much the procedures or the time, but the attitude of the person you are encountering at the counter.  If they have a can-do attitude, a positive attitude, or if they have an attitude that the customer has a problem that they need to solve, that means a lot.  Comments made at the meeting by Mr. Hartmann were very helpful; that we are building within our staff the idea that they are supposed to be customer oriented and supposed to be problem solvers. 

Chairman Carey stated that it holds true with inspectors in the field also.

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Commissioner Henley reported that at LYNX, they have been getting a number of unsolicited proposals that have taken up the time of staff and various Board members.  As a result, LYNX adopted a policy in dealing with unsolicited proposals and he wondered whether the County had a policy on the books.  Mr. Hartmann stated he was not aware of a policy.  Chairman Carey requested that Mr. Hartmann come back to the Board with that information.  She stated that a lot of times they get good ideas from unsolicited proposals.  Commissioner Henley agreed and explained the policy is spelled out on how to vet those proposals and since there is staff time involved, there is a fee which discourages people coming in and taking up time. 

Upon inquiry by Commissioner Dallari, Commissioner Henley stated that a fee is paid and after the proposal is vetted, and if they agree, the fee is paid back.  Chairman Carey stated it seemed like that would discourage an awful lot of people from coming forward with some pretty good ideas.  Commissioner Horan agreed. 

Commissioner Henley stated that if the proposal is a good idea, then LYNX would be willing to try to promote it.  He stated they are subjected all the time to vendor-driven issues. 

Mr. Hartmann stated he does not believe there is a policy in place, but he does not think they have a great deal of those issues.  They try to channel most vendors who want to provide the County with goods or services over to the Purchasing Department.  He stated he agrees with Chairman Carey that sometimes those proposals could come in and they really make a lot of sense and that they are prepared to evaluate those. 

Chairman Carey stated it is just like the PACE proposal.  If, in fact, there are millions of dollars out there where a citizen can come in and choose to take advantage of it, to have it added onto their ad-valorem tax and paid for by the State, then that is a great concept.  In the case of LYNX where there are a lot of vendor-driven items, many try to solicit Board members to be the ones to bring these proposals to the Board, and that is very different from what they see at the County.

Commissioner Horan stated that if someone has a particular complaint, he usually asks the constituent or the vendor to give him a proposed solution to it.  If it is a good idea, then he will pass it on. 

Chairman Carey said that staff is looking at policies and procedures and trying to get them all in one location so they can be codified.

COUNTY MANAGER’S REPORT

     No report.

COUNTY ATTORNEY’S REPORT

     Mr. Applegate stated he will not be at the Budget Workshop on August 16.  He has asked Assistant County Attorney Susan Dietrich to attend that meeting because Lynn Porter-Carlton, Deputy County Attorney, will be working on Medicaid and the Zoo issues for the rest of the week.

PUBLIC PARTICIPATION

Don Peterson, Black Hammock Association, addressed the Board to state that on behalf of most of the folks that live in the Black Hammock neighborhood, he wants to thank the Commissioners, staff and all concerned regarding the paving coming up.  He asked that the utmost care be taken to ensure a great job as was done on North Elm Street.  He stated they have needed better roads for years and thanked them for finding the funds.  He encouraged the Commission to help him in getting the speed limit dropped to 40 mph on Florida Avenue as an encouragement for cut-through drivers and residents to slow down.  Mr. Peterson also said an increased law enforcement presence would be nice.  He stated if his information is correct, they lost two individuals last week; and even though the driver did not make the turn, it was obvious the speed was much too fast and they are sorry for the loss.  The speed limit at that particular spot is 25 mph.  He thanked the Board for their help.

Commissioner Horan stated that Mr. Peterson and several of his neighbors who serve as the Black Hammock “kitchen cabinet” on a lot of issues have done a lot of good there.  He stated he really appreciates the citizen input and asked that Mr. Peterson send his regards to the people that help in these endeavors.

     Speaker Request Form was received and filed.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:38 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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