BOARD OF COUNTY COMMISSIONERS MEETING TUESDAY, MAY 4, :33 A.M. ASSEMBLY ROOM, FIFTH FLOOR 315 COURT STREET, CLEARWATER, FLORIDA

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1 BOARD OF COUNTY COMMISSIONERS MEETING TUESDAY, MAY 4, :33 A.M. ASSEMBLY ROOM, FIFTH FLOOR 315 COURT STREET, CLEARWATER, FLORIDA Members Present: Karen Williams Seel, Chairman; Susan Latvala, Vice-Chairman; John Morroni; Kenneth T. Welch; Nancy Bostock; Neil Brickfield; and Calvin D. Harris. Others Present: INVOCATION: James L. Bennett, County Attorney; Robert S. LaSala, County Administrator; Claretha N. Harris, Chief Deputy Clerk; and Arlene L. Smitke, Deputy Clerk. Pastor J. Bertalan, Church of Latter-Day Saints, Dunedin. PLEDGE OF ALLEGIANCE: Commissioner Harris. PRESENTATIONS AND AWARDS: Employee Appreciation Week Proclamation and Awards Presentation. All public hearing items have been properly advertised. Affidavits of Publication have been received and are on file in the Board Records Department. SCHEDULED PUBLIC HEARINGS BOARD OF COUNTY COMMISSIONERS (BCC) # 1 Commercial Dock Application No. CD /Revised submitted by 411 East, LLC, 411 East Shore Drive, Clearwater (Clearwater Harbor) approved; no correspondence has been received, no citizens appeared to be heard, and the biological report has been filed as part of the record. Motion - Commissioner Latvala Second - Commissioner Welch Vote # 2 Ordinance No adopted amending Sections 14-26, and 14-64, and creating Section of the Pinellas County Code relating to animal services, amending the definition of dangerous animal, changing the required holding time for strays, placing a time limit on submitting material for dangerous animal investigations, and placing 1

2 restrictions on tethering dogs. Nine messages in support of and two phone calls and two messages in opposition to the ordinance have been received. Assistant Director of Animal Services Dr. Dewayne G. Taylor reviewed the proposed revisions; and responding to queries by the members, indicated that total impoundments vary from 20,000 to 26,000 annually, approximately 5,000 to 8,000 of which are dogs; that under a proposed schedule, the shelter will be open six days a week for reclaims; that dispatchers are available to take phone calls every day but Sunday; that owners have a responsibility to keep pets indoors or under control and to have tag or chip identification; that Hillsborough County wishes to adopt the proposed Pinellas holding times; and that the Florida Animal Control Association recommends holding periods of five days for pets with identification and three days without; whereupon, he explained the intent of the proposed revisions pertaining to dangerous animals. Responding to the Chairman s call for citizens wishing to be heard, the following individuals stated their concerns: Dan Hester, Seminole Robert L. Rivenburgh, St. Petersburg Wendy Thomas, Largo Marilyn Weaver, Tarpon Springs Dawn Ladd, Seminole Jennifer Dubbeld-Paolillo, Seminole Susan Smith, Dade City, President, Florida Association of Kennel Clubs Rick Chaboudy, Dunedin, Suncoast Animal League Connie Brooks, St. Petersburg, SPCA Tampa Bay Mona Kelly, Belleair Bluffs Neale de Planque, St. Pete Beach Discussion ensued following comments by Ms. Smith, and Dr. Taylor and Attorney Bennett provided input. Responding to query by Commissioner Bostock, Dr. Taylor suggested a change to Section 14-26(2) to read,...relevant provisions of the animal control code. Alluding to concerns raised by Ms. de Planque and Commissioner Morroni regarding enforceability of the dangerous animal provisions, Attorney Bennett indicated that an animal control officer would determine whether there is a basis to proceed in a single-bite scenario based on three questions of fact, which could be litigated; that he does not believe that selective prosecution would be an issue; and that any new provisions under the animal control ordinance would be subject to testing in court. 2

3 In response to Commissioner Bostock s request that the Board consider wording changes to Section 14-31(c), Dr. Taylor related that the proposed language corresponds to state statutes from California and Texas; and Attorney Bennett indicated that he is more comfortable dealing with language that has been tested in state statute, as opposed to creating a new term; whereupon, Commissioner Morroni suggested that the ordinance incorporate the wording used in a recent ordinance by the City of Seminole, which was modeled after a Miami-Dade County ordinance that has been court tested. At the request of Attorney Bennett, Assistant County Attorney David W. McCrea provided a comparison of the California and Texas statutes and the Seminole ordinance, noting that the Seminole language is simple, stringent, and easily enforceable, while the proposed language would involve gathering evidence and building a case. Following discussion, Commissioner Morroni moved, seconded by Commissioner Brickfield, that the Board accept the Seminole ordinance language pertaining to tethering. Discussion continued wherein the members expressed a desire to regulate owners who leave their dogs unattended for long periods of time, while allowing for reasonable actions by responsible pet owners. Upon call for the vote, the motion failed by a vote of 1 to 6, with Commissioner Morroni voting for approval. Commissioner Latvala moved, seconded by Commissioner Harris and carried, that the original proposed language for Section be approved (Vote 7-0). Commissioner Welch pointed out the importance of the education process, noting that some people may have to give up their pets as a result of the new regulations. Responding to queries by Chairman Seel, Dr. Taylor provided clarification of Section 14-26(2), describing scenarios applicable to the once or more than once provision and assuring her that concerns raised by Ms. Paolillo would be addressed; whereupon, referring to public notification regarding animals that are brought into the shelter, he indicated that the department does not have the manpower to provide pictures of impounded animals on the Internet or to provide information over the telephone; that they are afraid that doing so could result in misidentification; that unclaimed animals go into the adoptions area if they are adoptable; that there is no time limit on their stay; and that Animal Services works with rescue groups, shelters and pet stores to place animals. Following additional discussion and clarification by Dr. Taylor and Attorney Bennett, Chairman Seel reviewed the change discussed earlier adding the word relevant to Section 14-26(2); and Commissioner Latvala moved, seconded by Commissioner Morroni, that the entire ordinance be adopted with the change; whereupon, Commissioner Welch referred to Section pertaining to impoundment, and 3

4 discussion ensued. Dr. Taylor indicated that the budget implications are only part of the reason for the proposed reduction in holding times, that manpower concerns and the overall health of the animals are the primary considerations; and that an increase in holding times for animals without identification would cause a capacity issue. Mr. LaSala indicated that the problem is constrained resources; that the County is trying to create a level of efficiency in managing the shelter operation; and that discussions are taking place regarding partnerships with the Humane Society and SPCA to reduce costs. Following additional discussion, Commissioner Morroni moved, seconded by Commissioner Welch and carried, that the holding time for impounded animals without identification be set at four days (Vote 7-0). Commissioner Morroni moved, seconded by Commissioner Harris, that the entire ordinance be adopted, incorporating the changes made at today s meeting. He thanked the citizens for sharing their stories, and Chairman Seel concurred, extending sympathies to those who had lost their pets. Commissioner Latvala encouraged everyone to microchip their pets; whereupon, Dr. Taylor indicated that Animal Services will implant a microchip for a $15 charge, and that it is not necessary that the pets be adopted from the shelter. Vote * * * * The meeting was recessed at 11:35 A.M. and resumed at 11:46 A.M. with all members in attendance. * * * * # 3 Ordinance No adopted amending Article V of Chapter 86 of the Pinellas County Code relating to public health and safety by adding Sections through pertaining to Pain Management Clinics. One letter and 25 messages in support of and one letter and one message in opposition to the ordinance have been received. County Attorney James L. Bennett related that the ordinance has been modified to incorporate provisions contained in the new statute currently before the Governor; that an underline/strike-through version distributed late last week eliminates the provision for a task force, as the Sheriff is in the process of forming a task force including many of the proposed candidates; that other changes were primarily for clarification; and that the 4

5 latest revision has been filed with Board Records and sent to people who asked for copies. Managing Assistant County Attorney Jewel White Cole indicated that she has spoken with the Sheriff s Office and confirmed that the Sheriff has appointed a number of people to a task force; and that the Sheriff s Office has requested that a representative of the County Attorney s Office act as a liaison, as any policy changes recommended by the task force would need to be effectuated by the Board. Responding to query by Chairman Seel, Attorneys Cole and Bennett indicated that violation of the ordinance by operating without a permit would likely be punishable by a maximum $500 fine; that the County could seek an injunction to close an establishment down if there is a clear violation with public health issues at stake; that the County Administrator or his designee will determine the appropriate department for enforcement; and that enforcement will be coordinated with and primarily handled by the Sheriff. Director of Justice and Consumer Services Tim L. Burns indicated that representatives of the Sheriff s Office and Medical Examiner Jon Thogmartin were in attendance to provide input; whereupon, he reviewed national, state, and Pinellas County statistics pertaining to prescription drug abuse and reported on the current status of pain clinic regulation legislation, noting that the registration process became effective in January of this year; and that the most recent legislation is scheduled to go into effect by October 2010, but it will take time to put everything in place and realize its impact. Sergeant Daniel Zsido, Pinellas County Sheriff s Office, reported on recent trends related to prescription drug abuse in Pinellas County and identified them as follows, in order of concern: Pill mills operated by doctors that have traded their ethical oath for greed; drug traffickers, groups who make money off of fraudulent prescriptions; and doctor shoppers, who visit more than two doctors within a 30-day period and receive the same medication without the doctors knowledge. He noted that doctor shoppers either have an addiction or are drug trafficking; that there are not enough resources to investigate all doctor shoppers; that the Sheriff s Office works with a network of pharmacies in the county on its investigations; that addicts and traffickers from states with a Prescription Monitoring Program (PMP) come to Florida for prescription drugs; and that a Florida PMP is supposed to be up and running by the beginning of the year; however, it is not yet fully funded. Referring to a handout, a copy of which has been filed and made a part of the record, Sergeant Zsido reviewed statistics compiled by the District Six Medical Examiner s 5

6 Office pertaining to the number and manner of deaths in Pinellas County during the years 2007 through 2009; whereupon, he indicated that he has spoken to law enforcement agencies on the east coast of Florida; that their moratorium on pain clinics has aided them immensely; that some of the pill mills have relocated to the west coast, north Florida, and Georgia; and that the proposed ordinance will provide substance and enable the officers to do a better job protecting the health of the public and the rights of good doctors and victims. Captain Robert Alfonso, Pinellas County Sheriff s Office, indicated that prescription medication abuse has become an epidemic in Pinellas County; and that the Sheriff s Office is taking the matter very seriously and has added investigators; whereupon, he provided information regarding the Sheriff s task force, noting that nine of the individuals proposed in the draft ordinance have confirmed their participation; and that he anticipates the task force will contain approximately 16 people representing various entities throughout the community. Captain Alfonso noted that the Sheriff s Office supports the ordinance as a stop-gap measure to give the law enforcement community an opportunity to attack the problem prior to implementation of new state legislation; that there are 62 registered pain clinics in the county, at least ten of which may not be legitimate, and four applications pending; and that 35 of the registered clinics are self-dispensing; whereupon, in response to queries by the members, he explained the difference between a pain clinic and a standard physician s practice; and indicated that the clinics are often owned by corporate representatives or individuals with no medical background; and that there is no regulation of ownership of pharmacies. Attorney Bennett noted that the new legislation requires ownership by doctors and provides for discipline of both medical and osteopathic doctors who fail to comply with the pain management statute. Responding to the Chairman s call for citizens wishing to be heard, the following individuals indicated their support of the proposed ordinance: Allan J. Stowell, Clearwater Laurie Serra, Clearwater Debra Grimes, Redington Shores Lynn Locascio, Crystal Beach Robin Wikle, Tarpon Springs Janet C. Long, Seminole, State Representative Charlotte E. Fox, Tarpon Springs Michelle Schneider, Seminole 6

7 Bruce Love, Largo Paulette Sklinar, Largo Chris Hammonds, Clearwater, Assistant Public Defender Larry Gocbom, Largo Jim White, Clearwater (did not speak) Susan Melendy, Belleair Bluffs The following individuals spoke in opposition to the proposed ordinance: Lynne James, Seminole Christopher D. Sweeney, Sarasota David McKalip, M.D., St. Petersburg Greg Pound, Largo, and Dr. Kenneth Webster, Palm Harbor, shared their concerns, indicating that they were undecided as to their support or opposition. Commissioner Latvala indicated that she shares the concerns of those who spoke regarding their family members; that the ordinance is not a silver bullet to eliminate prescription drug abuse in the community or in the state, but it is a piece of the solution; that she is confident the task force will identify additional changes and opportunities for public education; and that she is pleased with the legislation passed on the last day of the session; whereupon, she urged the members to join her in support of the ordinance. Attorney Bennett distributed a revised draft of the ordinance and, referring to Section 5 regarding exemptions, related that definitions have been added to be consistent with language adopted by the State Legislature; whereupon, he recommended additional changes to Sections 8(a) and 9(a)(1) pertaining to the effective date and Section 11(a) regarding the registration moratorium. Responding to queries by the members regarding the exemptions, he indicated that he is not familiar with the language adopted by Broward County, but that he believes the ordinance will be more defensible if the language is aligned with that used in the pending state law; and regarding the moratorium, he indicated that it will end as of the termination date of the ordinance, presently scheduled for October 1, 2010, which is the effective date of the state legislation, unless the Board has cause to extend it for an additional period of time. Following lengthy discussion with input by Attorney Bennett and Captain Alfonso, Attorney Bennett requested a recess in order to consider modifications suggested by the members. 7

8 * * * * The meeting was recessed at 1:47 P.M. and resumed at 2:09 P.M. with all members in attendance. * * * * Attorney Bennett recommended that the following changes be made to the draft ordinance: Section 4: Definitions, Pain Management Clinic - Lower case the words pain management clinic after...privately owned in the first line; and remove the comma after the word services in the second line. Section 9(a)(1): Application; required information - Remove the word either in the first line and the words or has submitted an application for registration which is pending. Section 5: Exemptions - Leave the exemptions as discussed earlier. Mr. Burns will conduct research to ensure the exemption is applicable to a particular application. Section 17: Filing of Ordinance; Effective Date Change to read,...become effective upon the later of May 7, 2010 or the filing with the Department of State. Thereupon, Attorney Cole referred to the change recommended by Attorney Bennett under Section 9(a)(1) and recommended similar changes to Sections Nos. 9(d)(1) and 9(f)(3), which reflect the Board s intent to not honor pending registrations. In conclusion, Attorney Cole summarized the intent and provisions of the ordinance, as revised. She noted that the moratorium is on the issuance of permits by Pinellas County, not on the operation of pain management clinics; that pain management clinics must be registered with the state as of the effective date of the ordinance; and that registered clinics must obtain their County permit within 30 days of the effective date of the ordinance or they will not be allowed to operate. Chairman Seel stated her preference that no exemptions be allowed; whereupon, Commissioner Latvala moved, seconded by Commissioner Welch and carried, that the 8

9 ordinance be adopted, including the amended language recommended by Attorneys Bennett and Cole. Vote CITIZENS TO BE HEARD: Jeanne Akopova, St. Petersburg, re A/C fraud by Pinellas County Health and Human Services Department staff to follow up. Lenore Faulkner, Madeira Beach, re Pinellas Park Middle World Class Career & Technology School. W. C. Snipes, Clearwater, re EMF, recycling. Mark Klutho, Largo, re stupidity, waste. Robert W. Payne, St. Petersburg, re EMS. Donna Kay Baldwin, Odessa, re Martin Borrow Pit, #16, concerns/issues with completion of project submitted documents and photographs. Greg Pound, Largo, re Pinellas families. At the direction of Chairman Seel, citizens wishing to speak regarding recycling were heard later in the meeting in conjunction with Agenda Item No. 21. CONSENT AGENDA ITEMS NOS. 4 THROUGH 12 APPROVED. Motion - Commissioner Morroni Second - Commissioner Latvala Vote # 4 Minutes of regular meeting of April 6, 2010, approved. # 5 Reports received for filing: a. Audit Services, Division of Inspector General, Clerk of the Circuit Court, Report No dated April 8, Audit of EMS Ambulance Revenue. b. Audit Services, Division of Inspector General, Clerk of the Circuit Court, Report No dated April 8, Follow-Up Review to Audit of Feather Sound Community Services District. c. Quarterly Investment Reports for the periods ended June 30, 2009 and December 31, d. Annual Investment Report for the Fiscal Year ended September 30,

10 e. City of Clearwater Comprehensive Annual Financial Report for Fiscal Year ended September 30, f. City of Tarpon Springs Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2009, together with the Pinellas County Fire Services Agreement dated September 30, g. Gulfcoast Legal Services, Inc. Financial Statements dated December 31, h. Juvenile Welfare Board Interim Financial Report (Unaudited) dated March 31, i. Southwest Florida Water Management District Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2009, together with the Annual Local Government Financial Report, Fiscal Year j. Dock Fee Report for the month of March k. Quarterly Report of Routine Dock Permits issued from January 1, 2010 to March 31, # 6 Vouchers and Bills Paid Periods March 22 through March 26, 2010, and March 29 through April 2, Payroll Journal Expenditures Payroll Journal page numbers 1 through 2270 Payroll checks numbered through Imprest Fund Expenditures Manual check numbered System checks numbered through ACH Transfers numbered 5105 through 5259 Wire Transfers numbered through # 7 Miscellaneous items received for filing: a. City of Clearwater Notice of Public Hearings re proposed Ordinance No amending Beach by Design and Ordinances Nos through amending the Annexation, Land Use Plan, and Zoning Atlas; public hearings to be held June 3, 2010 and May 6, 2010, respectively. b. City of Largo Notice of Public Hearing regarding Ordinance No to be held May 4, 2010, annexing certain property 10

11 c. City of Oldsmar Notice of Public Hearing regarding Ordinances Nos and to be held May 4, 2010, annexing certain property. d. City of Pinellas Park Notices of Public Hearings regarding Ordinances Nos through 3724 held April 22, 2010, annexing certain property. e Pinellas Suncoast Fire & Rescue Resolution No adopted March 16, 2010 addressing Fire Commissioner salaries and providing for step increases. # 8 Bid of Infratech Corporation for Advanced Traffic Management Systems (ATMS) Phase 1, State Roads 580/584 (Project No. 1809, Bid No C) rejected for being non-responsive for not meeting the pre-qualification requirements; award of bid to American Lighting and Signalization, Inc. approved for an estimated total expenditure in the amount of $621, on the basis of being the lowest responsive, responsible bid received meeting specifications; Chairman authorized to sign the agreement and the Clerk to attest after proper execution by the contractor and written approval as to form by the Office of the County Attorney. # 9 Award of bid to Insituform Technologies, Inc. for Sanitary Sewer Rehabilitation with Cured-In-Place Pipelining (PID No. 2040, Contract No CP) approved for an estimated total expenditure in the amount of $892, on the basis of being the lowest responsive, responsible bid received meeting specifications; Chairman authorized to sign the agreement and the Clerk to attest after proper execution by the contractor and written approval as to form by the Office of the County Attorney. #10 Health and Human Services staff authorized to begin negotiations with each of the 34 medical service providers who sent statements of interest in response to the County s Request for Negotiations for Professional Medical Services (Contract No P) to serve low-income, uninsured residents under the Pinellas County Health Plan; County Administrator authorized to sign the final negotiated agreements; total amount of all agreements is not to exceed $6,000, (Health and Human Services). #11 Declaration of eight County-owned vehicles (Assets Nos , 87243, , , , , , and ) as surplus and authorization for sale of same to the Pinellas County Sheriff s Office for a lump sum of $35, approved; distribution of proceeds of the sale from Governmental Funds to the Fleet Internal Service Fund to offset the replacement cost of future vehicles, approved (Real Estate Management/Fleet Management). 11

12 #12 Staff authorized to terminate negotiations with the number one ranked firm, Bricsnet FM America, Inc., for real property and lease management software and implementation services (Contract No P) and to initiate negotiations with the number two ranked firm, Accurent, Inc.; estimated total five-year cost prior to negotiations is $257, (Real Estate Management). #13 Items for discussion from Consent Agenda (County Administrator and Clerk of Circuit Court): Referring to Item No. 5.d, the Annual Investment Report for the Fiscal Year ended September 30, 2009, Chairman Seel congratulated Chief Deputy Clerk Claretha N. Harris and thanked her on behalf of the Board. #14 Brooker Creek Preserve Management Plan 2008 Update Addendum I (2010): Brooker Creek Preserve Addition (Wilde Tract Purchase) approved incorporating that portion of the Wilde Tract designated as Preservation with Resource Management Overlay on the Countywide Plan Map, satisfying the condition of approval contained in the Board s action on Case No. CW (Environmental Management). Motion - Commissioner Welch Second - Commissioner Latvala Commissioner Latvala expressed concern regarding the County s ability to implement the Brooker Creek Management Plan and other plans in light of current budgetary restraints and noted that the matter will be a topic for discussion during the upcoming budget process; whereupon, Chairman Seel thanked Environmental Management Director William M. Davis, Planning Director Brian C. Smith, and their staff for their efforts in preparing the Plan Addendum. Vote #15 Authorization granted to advertise a public hearing to be held on May 18, 2010 to amend the Fiscal Year 2010 budget for the Emergency Communications E911 System Fund (0225) and the General Fund (0101) (Management and Budget). Motion - Commissioner Latvala Second - Commissioner Welch Vote #16 County deeds transferring portions of the Martin Borrow Pit property to Donna K. Baldwin, Karen Murphy, Ronald C. Jacobs and Sharon K. Jacobs, Randy C. Packer and 12

13 Benetta L. Packer, and Jerimi S. Ford and Nicole V. Ford, as authorized in prior exchange agreements in connection with the Martin Borrow Pit settlement and mitigation agreement (Circuit Case No CI-08), approved for execution; total land value by agreement, $63,800.00; total expenses, $14,457.50; expenses due at closing, $2,007.50, payable to American Government Services; credits due at closing (Packer), $6, (Real Estate Management). In response to queries by Chairman Seel pertaining to statements by Ms. Baldwin under Citizens to be Heard, Director of Conservation Robert Peacock indicated that the County has not received complaints from the other property owners regarding the function of the borrow pit design; and that he has been working with Ms. Baldwin throughout the life of the project to address her issues; whereupon, referring to an aerial photograph and a design diagram, he provided details regarding the historical flow of water in the area, the effect of mining activities by previous owners of the borrow pit, and the physics involved in design of the lake. He stated that the lake is draining as it is supposed to, although very slowly; and noted that Ms. Baldwin s property is very low; that the area is saturated due to an unseasonably wet winter; that recent heavy rains caused water to flow onto the property; that the County de-watered the property and installed temporary stop logs ; and that staff is conducting research in hopes of installing a permanent, easily-movable gate to prevent backflow of water onto the property. Chairman Seel thanked Mr. Peacock for his empathy and efforts to solve the problem; and indicated that she would be willing to meet with Ms. Baldwin on her property, if necessary, to ensure that the matter is resolved; whereupon, Commissioner Bostock requested that staff keep the Board members informed regarding the status of the matter. Motion - Commissioner Welch Second - Commissioner Bostock Vote #17 Other Administrative Matters: Mr. LaSala reported that staff had attended a meeting with the U.S. Coast Guard and a variety of local, state, and community agencies regarding the oil spill crisis in the Gulf of Mexico; that the Coast Guard will set up a command center this week for purposes of technical analysis, surveillance, and reconnaissance; that they had discussed the scientific aspects of what may occur, based on current knowledge; that the spill has not yet made it into the loop currents; that they are not projecting beyond 72 hours; and that they see no imminent threat to coastal Pinellas during the 72-hour period. He indicated 13

14 that the roles and responsibilities of the various agencies were discussed; that the Coast Guard will be the lead agency in any and all actions that may be necessary; that, while British Petroleum is responsible for all associated costs, any expenditures must be approved and coordinated by the Coast Guard; and that the County has initiated no expenditures at this time; whereupon, he stated that staff will continue to work with the Coast Guard and will utilize all necessary methods of communication to keep the Board and the public informed on the status of the issue. Commissioner Seel expressed her thanks to Convention and Visitors Bureau Director D. T. Minich for proactively addressing the tourism aspects of the crisis and coordinating with other Convention and Visitors Bureaus across the state. She indicated that the State of Florida has sent information to travel agents in other countries regarding environmental cleanup efforts; and that visitors from European countries can request a full refund of money paid if they arrive and have not had full disclosure of such incidents. #18 County Attorney authorized to opt out of the Monroe County online travel company class action litigation (The County of Monroe Florida v. Priceline.com, Inc. et al., Case No CIV-MOORE/SIMONTON) as provided for in the Notice of Pendency of Class Action dated April 9, 2010, in favor of the litigation pending in Leon County on behalf of Pinellas County. Motion - Commissioner Latvala Second - Commissioner Welch Vote #19 Approval of Consent Order OGC File No between Pinellas County and the Florida Department of Environmental Protection (FDEP) pertaining to the South Cross Bayou Wastewater Reclamation Facility temporarily deferred. Attorney Bennett indicated that the County has been given an extension on the deadline to finalize the document; and that he will present it for approval by the Board at its May 18, 2010 meeting. #20 County Attorney Miscellaneous None. 14

15 #21 County Administrator Reports Curbside Recycling and Franchise Collection Options Summary Report Mr. LaSala indicated that after completing its research, reviewing the chronology and progress, and receiving input from a variety of parties, staff is recommending a broader, more comprehensive, and more inclusive recycling program to coincide with the implementation of franchise garbage collection. He further indicated that staff will report back to the Board in January 2011 for further guidance, direction, and, perhaps, policy adoption. Director of Utilities Tom Crandall gave a PowerPoint presentation, a copy of which has been filed and made a part of the record, and provided background information about the 2006 Strategic Plan, which included expanding recycling services through franchising and funding curbside collection through the Solid Waste Enterprise Fund. He indicated that a series of work sessions have been held with the Board since 2006; and that staff ideas and recommendations were presented and discussed but were never officially voted on, including providing curbside collection throughout the county at no cost to the municipalities. He stated that on October 20, 2009, the Board authorized staff to provide a notice of intent to establish franchise garbage collection, and letters have been sent to all of the haulers. Mr. Crandall noted that meetings have been held with the individual commissioners and the waste collection haulers, and discussed the varying positions and opinions that have been communicated. Mr. Crandall indicated that a bill being considered in the state legislature would mandate a statewide goal of 75 percent recycling by 2020; and that in order to meet the goal and to extend the life of the landfill and equipment, staff plans to develop a comprehensive recycling waste reduction program that would include all of the elements of recycling: residential curbside, multi-family, commercial, construction debris, organics, expansion of drop off centers, material recovery facilities, and funding options. He indicated that staff will need to evaluate how the new economic environment is affecting the Solid Waste revenue, how meeting the 75 percent goal would add more life to the landfill, and the need to educate the citizens, commercial entities, and haulers in order to gain support for the program, and discussion ensued. In response to query by Commissioner Welch, Mr. Crandall confirmed that it will not be necessary to raise tipping fees until 2025 when the Progress Energy contract expires; and Mr. LaSala indicated that the major delay in recycling is the need for a more coordinated, comprehensive, inclusive program than has previously been considered, noting that none 15

16 of the cities have a formalized, mandatory commercial recycling program; and Director of Solid Waste Robert Hauser discussed the collection of pertrusibles in the unincorporated area. During discussion, Commissioner Bostock stated that the curbside recycling program is an enormous expense with little value gained; and indicated that a comprehensive plan that includes the commercial aspect would give more value to the citizens in their monthly bills, get more materials diverted from the landfill at a lower dollar value, and improve the environment. Commissioner Latvala indicated that she is concerned that citizens in the unincorporated area are not aware that the Commission is discussing franchising trash collection, noting that the majority of the people who are aware have indicated their opposition; whereupon, Commissioner Harris pointed out that the concept continues to change and, as of now, there is no one-size-fits-all model; and suggested that the education of the community begin now, and include those involved in delivering the service. Mr. LaSala indicated that staff plans to carry out the Board's direction for full community engagement; and Commissioner Bostock agreed that citizen input is all-important, noting that there must be different options from which the community and Board can choose. Commissioner Seel indicated that she supports the comprehensive plan for recycling; and in response to her concerns, Mr. Hauser reiterated that, providing the County recovers from the current economic situation within four years, the reserves and buffer will fund the project until 2025; whereupon, Mr. Crandall indicated that an updated 25-year forecast will be provided when the issue is brought back before the Board. In response to the Chairman s call for persons wishing to be heard, the following individuals appeared, expressed their opinions, stated their concerns, and responded to queries by the members: Dot Miller, Unincorporated Area Joe Baker, Largo Linda Demles, St. Petersburg Nick DiCeglie, Indian Rocks Beach Darden Rice, St. Petersburg Attilio Corbo, Palm Harbor, presented position paper Kevin M. Radke, South Pasadena Anthony Evans, St. Petersburg Cathy Wilson, St. Petersburg W.C. Snipes, Clearwater, submitted document 16

17 During discussion, Commissioner Morroni indicated that the community seems to support recycling, but is strongly opposed to franchise collection; whereupon, he proposed keeping the two issues separate, as suggested by one of the speakers. Commissioner Welch reiterated that he would like staff to bring a proposal back quickly; and asked that the franchises be structured to include small vendors; whereupon, in response to his query, Mr. LaSala stated that the $22 million included in this year's budget for recycling will remain in reserves, and money will be moved at the appropriate time to implement elements of the plan as approved by the Board. In response to queries by Commissioner Brickfield regarding penalties if the program is mandatory, Mr. LaSala indicated that staff will provide a recommendation for a set of approaches and protocols; and Mr. Crandall indicated that if the state report results in legislation, staff will evaluate it and report what penalties are included. Responding to further queries by Commissioner Brickfield, Mr. Hauser confirmed that 24 of the 25 cities already provide recycling and citizens in the unincorporated county can get recycling if they are willing to pay for it; whereupon, Mr. Crandall confirmed that commercial businesses and multi-family complexes can get recycling services by contacting their provider, but it is not mandatory. Following discussion, Mr. LaSala asked for confirmation that the Board's direction to staff is to proceed with a more comprehensive recycling program and come back in January with a set of recommendations; whereupon, Commissioner Seel stated that the Board wants a more comprehensive recycling system and options re phasing it in over time, and much greater public outreach to the unincorporated area regarding the franchising of garbage collection and the options available, including bidding the waste collection separately; and that the Board will give further direction in January as to whether the two issues will be carried out together, and no objections were noted. #22 County Attorney Annual Performance Review Chairman Seel indicated that the results of County Attorney James L. Bennett s annual performance review are included in the agenda package; whereupon, she acknowledged his responsiveness in connection with today s ordinance revisions and thanked him for his integrity and leadership. 17

18 #23 County Commission Miscellaneous: a. Chairman Seel indicated that the budget information work session scheduled to follow today s meeting will not be held; that the items will be added to the May 11 work session agenda; and that the Capital Improvement Program work session will be held on June 10. b. Commissioner Morroni thanked the County Attorney and his staff for their work on the animal services ordinance and congratulated Attorney Bennett on his performance review. c. Commissioner Latvala thanked the County Attorney and his staff for their work on the pain management ordinance; and Attorney Bennett acknowledged Justice and Consumer Services Director Tim Burns for his assistance. d. Commissioner Welch expressed thanks and congratulations to the County Attorney; and reported on the status of various matters following the conclusion of the state legislative session. e. Commissioner Harris complimented Chairman Seel on her conduct of today s meeting in light of the difficult issues addressed. #24 Meeting adjourned at 4:41 P.M. ATTEST: KEN BURKE, CLERK Chairman By Deputy Clerk 18