BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

OCTOBER 25, 2011

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, October 25, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Brenda Carey (District 5)

Vice Chairman Carlton Henley (District 4)

Commissioner Bob Dallari (District 1)

Commissioner John Horan (District 2)

Commissioner Dick Van Der Weide (District 3)

County Manager James Hartmann

County Attorney Bryant Applegate

Deputy Clerk Jane Spencer

Bishop Hezekiah Ross, West Sanford Free Will Holiness Church, Sanford, gave the Invocation.

Commissioner Dallari led the Pledge of Allegiance.

REORGANIZATION OF THE BOARD

Chairman Carey surrendered the gavel to County Attorney, Bryant Applegate, in order to act as temporary Chairman to the BCC.

Mr. Applegate opened the floor for nominations for the Chairman of the BCC for 2011/2012.

Commissioner Dallari nominated Commissioner Carey.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to close nominations for BCC Chairman.

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

Mr. Applegate announced that Commissioner Brenda Carey is the newly-elected Chairman for 2011/2012. He passed the gavel to Commissioner Carey who assumed the position of Chairman.

Chairman Carey opened the floor for nominations for Vice Chairman of the BCC for 2011/2012.

Commissioner Van Der Weide nominated Commissioner Henley.

The Chairman asked for any other nominations.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to close nominations for BCC Vice Chairman for 2011/2012.

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

Chairman Carey congratulated Commissioner Henley on his election as Vice Chairman of the BCC. She thanked the Board for their support.

AWARDS AND PRESENTATIONS

Motion by Commissioner Horan, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2011-R-190, as shown on page _______, commending Seminole County Fiscal Services Department for receiving the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2010/11.

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

The Resolution was present to Lisa Spriggs, Fiscal Services Director. Ms. Spriggs addressed the Board to express her appreciation and to thank her staff for their efforts. Ms. Spriggs described the award and stated that they use the award as a tool to evaluate how well they are doing and to keep up with current practices.

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Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt a Proclamation, as shown on page _________, proclaiming the week of October 29th through November 5th as "Week of the Family" in Seminole County.

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

The Proclamation was presented to Kevin Bush, Carey Schwartz and Linda Evans. Mr. Bush addressed the Board to thank them for their continued support of the family and for recognizing the family as the core building block for a successful society.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt a Proclamation, as shown on page _________, proclaiming the month of November, 2011, as Pancreatic Cancer Month in Seminole County, Florida.

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

The Proclamation was presented to Marian Cardona, who addressed the Board to express her appreciation. She stated that she believes awareness is key to getting funding for disease research.

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Andrew Van Gaale, Seminole County Port Authority Administrator, addressed the Board to present a check in the amount of $550,000, which represents some of their surplus funds. He stated that as of his last calculation, they have provided close to $6 million to the County. Commissioner Van Der Weide stated that, as the BCC’s representative to the Port Authority, he believes they are doing a wonderful job. Mr. Van Gaale thanked Commissioner Van Der Weide for his participation on the Port Authority Board.

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Chairman Carey recessed the meeting of the Board of County Commissioners at 9:52 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency.

U.S. HWY 17-92 CRA

Tina Williamson, Planning and Development Manager, addressed the Board to present a request for a CRA Development grant from BLB Funeral Home, Inc., LLC. Ms. Williamson corrected a typographical error in the staff report which states that the amount requested is $39,846. The correct amount should be $39,246, as reflected in the agreement in the agenda package.

District Commissioner Carey stated this is a blighted building and she is looking forward to having the BLB Funeral Home there which will be a wonderful improvement to that stretch of 17-92.

Motion by Commissioner Dallari, seconded by Commissioner Henley to approve and authorize the Chairman to execute the Agreement, as shown on page _______, between the U.S. 17-92 CRA and BLB Funeral Home, Inc., LLC, and appropriate Resolution #2011-R-191, as shown on page _______, implementing Budget Amendment Request (BAR) #12-03 in the adjusted amount of $39,246 as presented by staff.

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

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Ms. Williamson presented a request to approve an Interlocal Agreement between the U.S. 17-92 CRA and the City of Sanford for the refurbishment of three mast arms which will cost $25,669. She stated that the City of Sanford will be “piggy-backing” on an existing Seminole County contract.

Upon inquiry by Commissioner Dallari with regard to the warranty on the actual paint, Ms. Williamson stated that the warranty on the existing contract is for two years. Chairman Carey stated that it was her understanding that they no longer use the company that they previously used for this work and asked if someone from staff would address that.

Ray Hooper, Purchasing and Contracts Manager, addressed the Board to state he is not familiar with this issue and advised they have a process in the County that talks about defective material under their contracts. As far as he knows, they have no vendor complaint issues. If there are vendor complaint issues, there is a process where they formally address the issues and take corrective action.

Commissioner Dallari stated that since they have had problems around the County with paint on mast arms peeling prematurely, he wants to be sure if they approve this item that the problem is not going to continue. If the problem does continue, he wants to be sure there is a proper warranty. Commissioner Dallari stated he does not believe two years is enough.

Chairman Carey stated that she wants to know that somebody knows there is a problem with the mast arms. She stated the County does not want to keep installing mast arms and then need to repaint them every two to three years because they are peeling.

Commissioner Horan advised that this particular issue was addressed at the RPA meeting and he updated the Board as to what was discussed at that meeting. He stated that the RPA made the determination that this issue did not seem to be a defect problem but was a problem that arose over a number of years and was possibly maintenance or possibly something else. He stated this item qualified for the funds.

Commissioner Horan stated as far as Traffic and Public Works are concerned, he believes they should have some kind of protocol in terms of the reasonable expectations of sealants and paints on these particular types of traffic control devices.

Upon inquiry by Commissioner Horan, Antoine Khoury, Acting Director of Public Works, stated that the County maintains most of the mast arms for the cities, including the City of Sanford. Commissioner Horan stated that some kind of reasonable metrics, as far as maintenance, needs to be established so they don't have to get to the point where they have to spend this kind of money.

Commissioner Henley requested that staff provide the Board with a list of the mast arms, how frequently they have been painted so they can get some idea of what to expect. He thinks it would behoove them to look at their specs in the RFP. He would like to know how many mast arms they have already repainted and how long ago to give the Board some history of what they are dealing with and how bad the problem really is. Commissioner Henley stated while a two-year warranty may be standard, it is totally unacceptable to him and he believes they should be able to do better than that.

Chairman Carey suggested that since they are not the only ones doing this, staff should get with their colleagues in the Florida Association of Counties to see who is having good success. She stated there needs to be a regular maintenance schedule and they should not let the mast arms get to this point before they start with the repainting process. Chairman Carey asked Mr. Hartmann to put something together and bring it back to the Board at another time for another discussion.

Motion by Commissioner Dallari, seconded by Commissioner Henley to continue this request for approval of an Interlocal Agreement between the U.S. 17-92 CRA and the City of Sanford in the amount of $25,669.61, to November 8, 2011 so they can get information with regard to the specifications on the paint, the process that is going to be used and what the warranty is on the current paint.

Under discussion, Commissioner Horan stated he would like to know what the reasonable expectations are in terms of the lifetime use and whether or not going forward when they are purchasing new mast arms, they should be getting pre-engineered types of finishes rather than finishes that have to be continually maintained.

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

Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 10:08 a.m., and reconvened the meeting of the Board of County Commissioners.

COUNTY MANAGER’S CONSENT AGENDA

James Hartmann, County Manager, addressed the Board to advise that under the Consent Agenda, the Consent Item numbering should be #7 through #30, not #7 through #31. He requested that Item #9, CC-7107-11, Disaster Recovery Affordable Housing Reconstruction, be pulled from the agenda and stated that it will likely come back to the Board at the next meeting. The entire agenda package for Item #10, Work Order #1 under PS-3615-08, Design Services for Communication Towers Repair and Replacement, was replaced with new information. Item #16, Release of Water & Sewer Maintenance Agreement with a Letter of Credit for Brooks Landing, is a District 1 item and not a District 5 item.

Mr. Hartmann advised that Item #20A, Budget Amendment Request (BAR) #11-100 in the amount of $1,000,000, has been added to today’s agenda. He requested that Item #25, Interlocal Agreement with University of Central Florida, be pulled from the agenda; and Item #37 (Regular Agenda), Primrose School SR 434 Plat Waiver be continued until December 13. He stated he would like to move Item #42 (County Manager’s Briefing), Economic Development Budget Summary, to the beginning of the Regular Agenda.

Commissioner Horan requested that Item #20A, BAR #11-100, be pulled for a separate discussion.

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

County Manager’s Office

Purchasing & Contracts Division

7. Award CC-7012-11/AMM, as shown on page _______, Demand Control Ventilation Retrofit at the Central Branch Library, Criminal Justice Center and Health Department in the amount of $261,980 to Precision Automation, Inc. of New Smyrna Beach, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.

8. Award CC-7046-11/JVP, as shown on page _______, Little Wekiva River Grade Control Structures #9, #10 and #11 in the amount of $298,000 to AJC Construction, LLC of Orlando, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.

9. Pulled from the agenda request to award CC-7107-11/RTB, Disaster Recovery Affordable Housing Reconstruction for One (1) Residential Property in the amount of $162,900 to Corinthian Builders, Inc. of Lake Mary, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.

10. Approve Work Order #1, as shown on page _______, under PS-3615-08/RTB - Design Services for Communication Towers Repair and Replacement in the fixed fee amount of $183,132 to Paul J. Ford and Company of Orlando, Florida; authorize the Purchasing & Contracts Division to execute the Work Order; authorize staff to negotiate final design services for four(4) additional communications towers; and authorize the County Manager to approve and execute the Work Order amendment associated with this option.

11. Approve Work Order #27, as shown on page _______, under PS-3914-08/VFT - General Environmental Services in the amount of $129,965.96 with Shaw Environmental & Infrastructure, Inc. of Winter Garden, Florida, for Annual Water Quality Monitoring and Lake Management Services; and authorize the Purchasing & Contracts Division to execute the Work Order.

12. Approve Amendment #5, as shown on page _______, to M-232-05/BLH with Motorola, Inc. of Schaumburg, Illinois, to extend the Agreement Term through September 30, 2014; approve the amount of $373,913.98 for the initial Agreement Period from November 1, 2011 through September 30, 2012; approve the use thereafter of a monthly fixed fee in the amount of $33,992.18; and authorize the Purchasing & Contracts Division to execute the Amendment.

13. Approve Sole Source Procurement SS-601271-11/LJS - Vital Care Maintenance and Support/Warranty for 911 Equipment with Stancil Solutions, Melbourne; estimated cost per year of $32,823.00 for the life of the equipment, and authorize the Purchasing and Contracts Manager to issue Purchase Orders.

Central Services

Business Office

14. Approve and authorize Chairman to execute the Third Amendment, as shown on page _______, to the Seminole County/Oaks at Lake Mary, Ltd./Oaks Out, LLC Joint Facilitation of Public Infrastructure Agreement, dated September 1, 2009, allowing for the relocation of a Seminole County retention pond to a joint-use pond presently owned by Oaks at Lake Mary, Ltd., which also includes a County-owned .37 acre vacant lot, for $300,000.

Community Services

Business Office

15. Approve and authorize the Chairman to execute the Rescue Outreach Mission and Seminole County Victims' Rights Coalition Emergency Shelter Grant Subrecipient Agreements, as shown on page _______, for Program Year 2011-2012.

Environmental Services

Business Office

16. Approve the release of the original Water & Sewer Maintenance Agreement with Letter of Credit (LOC #SM228478W) for the project known as Brooks Landing in the amount of $16,643.66.

17. Approve the release of the original Water & Sewer Maintenance Agreement with Letter of Credit (LOC #36) for the project known as Chateaux of Markham in the amount of $4,162.45.

Utilities Engineering

18. Approve and authorize the Chairman to execute the Seminole County/City of Lake Mary Interlocal Utility Construction Agreement, as shown on page _______, for Skyline Drive and Sand Pond Road Roadway Construction.

Fiscal Services

Business Office

19. Approve and authorize the Chairman to execute agreements, as shown on page _______, between Seminole County and the Florida Division of Emergency Management providing Hazard Mitigation Grant Program funds of $168,106 as a 75% share of the $224,140 total cost for wind retrofit of five (5) fire stations including #35, #36, #41, #42 and #43.

Budget Division

20. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-192, as shown on page _______, implementing Budget Amendment Request (BAR) #11-98 through the 2001 Infrastructure Sales Tax Fund in the amount of $3,420,111 to reduce the budget and scope of the SR 434 Intersection Improvements project by eliminating the CR 427 intersection.

21. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-194, as shown on page _______, implementing Budget Amendment Request (BAR) #12-1 through the General Fund in the amount of $114,905 to appropriate grant funding for federal election activities.

22. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-195, as shown on page _______, implementing Budget Amendment Request (BAR) #12-05 through the Public Safety Grant Fund and Fire Protection Fund in the amount of $224,140 to allocate funds from the Florida Division of Emergency Management’s Hazard Mitigation Grant Program ($168,106) and local match ($56,034) to fund the Fire Station Wind Retrofit project at five stations.

23. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-196, as shown on page _______, implementing Budget Amendment Request (BAR) #12-007 through the Water & Sewer Operating Fund in the amount of $700,000 for Fiscal Year 2011/12 to establish funding for SunRail Utility Relocations Project (00065216).

Public Safety

Business Office

24. Approve and authorize Chairman to execute the Amendment, as shown on page _______, to the Interlocal Agreement for Interoperable Communications Equipment for Region Five providing for a transfer of certain 700 MHz equipment from program participant Lake-Sumter Emergency Medical Services, Inc. to the City of Orlando.

25. Pulled from the agenda request to approve and authorize the Chairman to execute the agreement between Seminole County and the University of Central Florida (UCF) for the broadcast of shared emergency/public safety information on UCF's FM radio station "WUCF".

26. Approve and authorize the Chairman to execute the Extension of the Flood Mitigation Assistance Agreement, as shown on page _______. (Lunsford - 2624 Shad Lane, Geneva, Florida)

EMS/Fire/Rescue Division

27. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Golfbrook, LLC to utilize the building at 2662 Sabal Club Drive for fire training.

Public Works

Engineering Division

28. Approve and authorize the release of a Private Road Maintenance Letter of Credit (Number 37) in the amount of $33,941.50 submitted for roadway improvements (private infrastructure) in conjunction with the Chateaux of Markham Subdivision Project.

29. Approve and authorize the release of a Right-of-Way Utilization Permit Maintenance Bond (Number 58663246) in the amount of $22,458 submitted for roadway improvements to County Road 426 (left turn lane and sidewalk) in conjunction with the Oviedo Kingdom Hall Project.

30. Approve and authorize the release of a Right-of-Way Utilization Permit Letter of Credit (Number 3170) in the amount of $8,805 submitted for roadway improvements to Wayside Drive (left turn lane and sidewalk) in conjunction with the Ligonier Academy of Theology Project.

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

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Discussion ensued with regard to Item #20A, Budget Amendment Request (BAR) #11-100 in the amount of $1,000,000 to increase Medicaid funding.

Commissioner Horan stated that it is difficult for the Budget Departments (Fiscal and Clerk) to try and plan for these types of things. He asked whether or not, in terms of budgeting in the future, there are some metrics they can develop or some protocol they can have with the State where they don't get hit all of the sudden with a bill that surprises them. He stated he believes there should be some kind of resolution, directive or letter to the State indicating that they need to develop some kind of protocol so this can be budgeted in some way.

Ms. Spriggs stated that even though there was a notification from the State about this earlier in the year, there really was no way to know what the billings would be. She explained the rebilling process and advised that the problem is they really don't have the ability to identify the magnitude of the bills. Ms. Spriggs explained that in the future, her staff is going to look historically at what they have rejected and continue to track the amount that they reject every month so they potentially will know that those bills could recycle back.

Upon inquiry by Chairman Carey, Ms. Spriggs described the process that occurs when Medicaid bills come in to the County. She stated that the State submits a monthly bill to the counties for their proportionate share, which includes hospitalization and nursing care. Those bills are submitted through a system; and then staff, through Community Services, can go into the system and review the individual bill to insure that it is a Seminole County resident and that all of the information is complete. She explained some of the problems with rebilling and stated that just because a bill is rejected this month doesn't mean they won't see it again.

Chairman Carey stated that Medicaid is not the only issue from the State where they reconcile at the end of the year and send a bill. Commissioner Horan stated he doesn't have a problem with reconciling things on a yearly basis but it is his understanding that this bill relates to services that might be from four or five years ago. Ms. Spriggs stated that statutorily they can go back four years and that is four years from the date of submission. The Medicaid process allows submissions within a time frame previous to that from the hospital so it could be a service date of seven years old that they are now receiving.

Further discussion ensued with regard to the State's Medicaid billing process. Commissioner Horan stated they need to explain to the State that they need to address this particular problem so they can't just send a bill and that they need to have some different protocol.

Upon inquiry by Commissioner Henley as to whether this rebilling issue is from the State or something from the Feds, Ms. Spriggs stated that she believes that it is collectively from both. Commissioner Henley stated that he is concerned about the number of years that they can go back and believes that might be a start, if they could get that rule changed so they can't go back all those many years in order to help with the County's budgeting.

Upon further inquiry by Commissioner Henley, Ms. Spriggs explained with regard to the $1,000,000 that if they were to pay all of the $550,000 that was submitted for September, it would complete that. They don't know how much of the $550,000 they may reject. She advised that the $1,000,000 is also to compensate them for not being able to cover the July and August billing.

Chairman Carey clarified that the $1,000,000 is reconciling the County through the end of the fiscal year; and then going forward, they will need to figure out what budget adjustments they will need to make to the Medicaid line item they have already approved in their budget for the current year.

Upon inquiry by Commissioner Henley, Ms. Spriggs advised that the Statute is extremely clear that the State can withhold the County's revenue sharing if they do not pay.

Mr. Applegate noted that he met with Ms. Spriggs and staff last week. They are looking at a couple of theories on what they can do with regard to how far the State can go back and their processes.

Chairman Carey stated she thinks Commissioner Horan's point is for the Board to come up with a recommendation to make to the State and the Governor about how the State is processing these.

Commissioner Van Der Weide advised that the State can do whatever they want. He suggested that they assign Commissioner Horan the job of lobbying the legislators to get these changes made. Commissioner Horan stated the reason he is bringing this up is that there has to be a "best practice" identified as to how to reconcile this. It seems to him that whatever is being done here is not a "best practice."

Chairman Carey stated that this is also something that the Florida Association of Counties has been talking about because it has been going on for a while.

Motion by Commissioner Van Der Weide, seconded by Commissioner Horan to approve and authorize the Chairman to execute appropriate Resolution #2011-R-193, as shown on page _______, implementing Budget Amendment Request (BAR) #11-100 through the General Fund in the amount of $1,000,000 in order to increase Medicaid funding for the remainder of FY 2010/11 due to rebilling submissions from prior years being processed currently by the State.

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

COUNTY ATTORNEY’S CONSENT AGENDA

Motion by Commissioner Dallari, seconded by Commissioner Henley to approve a proposed settlement with the property owner, Nutmeg Farms, Inc., and with tenant, Brookmore Farms, Inc., relating to Parcel Number 121 on the road improvement project for Chapman Road. The sole officer or director of both the property owner and the business owner is Margaret B. Stevens a/k/a Peggy Stevens. Nutmeg Farms, Inc. owns the property and Brookmore Farms, Inc. operates a horse stable and training business on the site. The proposed settlement is at $318,759.22 for full settlement, jointly and severally, of all claims for compensation from Seminole County including the value of the land and improvements taken, severance damages, business damages and other damages, statutory interest, statutory attorney fees, experts' fees, and cost reimbursements. Seminole County already paid the owners a $150,000.00 good faith deposit for the Order of Taking. Therefore, the net due the owners would be $168,759.22, which funds are available from the 1991 first generation sales tax revenues.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

32. Expenditure Approval List, as shown on page _______, dated September 28, 2011; Payroll Approval List, as shown on page _______, dated September 29, 2011; Official Minutes dated September 13, 14, and 27, 2011 (Regular and Budget); and noting, for information only, the following Clerk’s “received and filed”:

1. Memorandum to County Commission Records, from Bryant Applegate, County Attorney, designating Deputy County Attorney, Lynn Porter-Carlton, as an authorized signatory for all documents related to the administration of the County Attorney’s office.

2. BOA Development Order #11-30000030, as shown on page _______, Robert & Patricia Ashton variance; and Development Order #11-50000006, as shown on page _______, Scott and Julie Culp Pool House.

3. Tennis Developmental Instructor Agreement, as shown on page _______, for Kristoffer Sawyer.

4. U.S. Department of Interior, U.S. Geological Survey Joint Funding Agreement, as shown on page _______, for Florida Integrated Science Center – Orlando.

5. Memorandum, as shown on page _______, to County Commission Records from Denes Balo, Director of Clerk’s Finance, submitting FY 2010/2011 Amended Budget for the Clerk of Circuit Court.

6. Memorandum to Denes Balo, Director of Clerk’s Finance, from County Commission Records, acknowledging receipt of the Clerk of Circuit Court Amended Budget for FY 2010/2011.

7. Amendment #1, as shown on page _______, to Work Order #13 to PS-3914-08.

8. Change Order #4, as shown on page _______, to Work Order #39 to CC-2184-07.

9. Amendment #4, as shown on page _______, to Work Order #48 to PS-5174-04.

10. Amendment #3, as shown on page _______, to Work Order #24 to PS-5182-05.

11. Amendment #2, as shown on page _______, to Work Order #26 to PS-5182-05.

12. Change Order #8, as shown on page _______, to CC-3709-08.

13. Amendment #1, as shown on page _______, to Work Order #10 to PS-3914-08.

14. Amendment #4, as shown on page _______, to M-232-05.

15. Change Order #1, as shown on page _______, to Work Order #4 to CC-5075-10.

16. Amendment #1, as shown on page _______, to Work Order #15 to PS-1020-05.

17. Amendment #3, as shown on page _______, to Work Order #14 to PS-1020-05.

18. Closeout, as shown on page _______, to CC-6502-11.

19. Change Order #5, as shown on page _______, to RFP-5751-10.

20. Work Orders #25 and #26, as shown on page _______, to CC-2190-07.

21. Amendment #5, as shown on page _______, to PS-5120-02.

22. Change Order #2, as shown on page _______, to Work Order #15 to CC-3321-08.

23. Change Order #6, as shown on page _______, to Work Order #23 to CC-2184-07.

24. Change Order #3, as shown on page _______, to Work Order #8 to CC-2183-07.

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

26. Parks Contracts, as shown on page _______, as follows: Cathleen Daus, Heather Ritter, Corey Prom, Stephanie Kunz, and Danny Ousley.

27. Change Order #1, as shown on page _______, to CC-5627-10.

28. Work Order #12, as shown on page _______, to PS-5438-10.

29. Amendment #1, as shown on page _______, to Work Order #20 to CC-2190-07.

30. Work Order #10, as shown on page _______, to RFP-2574-07.

31. Amendment #3, as shown on page _______, to Work Order #4 to PS-4906-09.

32. Amendment #3, as shown on page _______, to Work Order #28 to PS-5190-05.

33. Work Order #9, as shown on page _______, to RFP-2574-07.

34. Recorded Homeownership Assistance Program Mortgage Deed, as shown on page _______, Gertrude Hampton.

35. Work Order #97, as shown on page _______, to PS-1074-06.

36. Change Order #4, as shown on page _______, to Work Order #9 to CC-2183-07.

37. Change Order #1, as shown on page _______, to Work Order #20 to CC-2183-07.

38. Change Order #1, as shown on page _______, to CC-6623-11.

39. Short Term Disability Amendment, as shown on page _______, as approved by the BCC on July 26, 2011.

40. First Amendment, as shown on page _______, to Litigation Consultant Services Agreement for Chapman Road, Parcel 121, Constance Covert.

41. Work Order #9, as shown on page _______, to PS-2051-07.

42. Amendment #2, as shown on page _______, to Work Order #63 to PS-1529-06.

43. First Amendment, as shown on page _______, to Litigation Consultant Services Agreement, Seminole County vs. Nutmeg Farms, Ellen Hardgrove, AICP.

44. Amendment #1, as shown on page _______, to Work Order #10 to PS-5180-05.

45. Bids as follows: RFQ-601206-A-11 and PS-6487-11.

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

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

Sheriff’s Office

33. Approval and authorization for the Chairman to sign Letter, as shown on page _______, to the Attorney General and any future associated documents regarding awarding of Crime Stoppers funds to Seminole County.

34. Approval of appropriate Resolution #2011-R-197, as shown on page _______, implementing Budget Amendment Request (BAR) #12-006, recognizing $49,686 in additional FY 2011/12 State Criminal Alien Assistance Program (SCAAP) revenues and correspondingly increasing the Sheriff’s FY 2011/12 operating budget by an equivalent amount.

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

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

Supervisor of Elections

35. Approve and authorize the Chairman to execute the Certificate Regarding Matching Funds, as shown on page _______, contained within the Memorandum of Agreement between the Florida Department of State and the Seminole County Supervisor of Elections affirming that the County will provide $7,117.06 of local, matching funds in order to receive the State grant in the amount of $47,447.07.

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

COUNTY MANAGER’S BRIEFING

Mr. Hartmann requested that Item #42, Economic Development Budget Summary, be heard at this time.

Mr. Hartmann advised that he is providing today, for the Board's concurrence that this is the right direction, a business plan outline that discusses some of the proposed structure, the proposed approach to implementation and, as they talked about last time, the budgetary impacts of moving forward. He stated that they are looking for the Board's concurrence that they should move forward with this, which would include funding for about an additional $300,000 to the budget. That matter will be returned to the Board to be formally approved at the November 8 meeting via a Budget Amendment. Because of the need to begin a recruitment process, he would like the Board's concurrence with the plan today so they can move forward with the recruitment, especially for the executive director or economic development officer.

Commissioner Dallari stated that he believes staff has done a phenomenal job as well as the Task Force that presented it to them.

Motion by Commissioner Dallari, seconded by Commissioner Horan to approve the Economic Development Business plan and to authorize moving forward with the funds as presented.

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

REGULAR AGENDA

Brett Blackadar, Acting County Engineer, addressed the Board to present a request for approval of an improvement alternative for the widening of County Road 419 from Snow Hill Road to the Orange County Line. He stated that this item was before the Board last year for a public hearing. As part of that hearing, the Board voted to put the project on hold for a year. The Board also gave direction to staff to do intersection improvements. He stated they have completed the design of the intersection improvements at Snow Hill Road. They have been bid and construction should start next month. Mr. Blackadar advised that they have not changed anything in the design of the project, that the cost estimates for construction have not changed since last year, and that the right-of-way estimates are probably very close to the same. He discussed an updated traffic study that was completed last month after school was back in session. With regard to the information about level of services that he provided to the Board yesterday, he clarified that is level of services for the existing traffic counts. He explained the ranges of the levels of service.

Commissioner Dallari stated that he sees nothing that has changed over the past 12 months on this road segment. He stated that staff has done a good job on the intersection improvement and he looks forward to construction to start as planned.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to continue request for an improvement alternative for the widening of County Road 419 from Snow Hill Road to the Orange County Line until a later date, perhaps two years.

Under discussion, Commissioner Henley asked if the intent is to freeze the monies that have been set aside for the project for two more years or use the money to get relief in some of the other areas. Commissioner Dallari stated he believes they should freeze the money for two years; and in that time frame, the Board can decide if the money needs to be moved.

Chairman Carey clarified that the intent of the motion is to freeze the money for two years unless the Board decides at a separate meeting that the funds should be reallocated.

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

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Chairman Carey indicated that there was a request from the applicant to continue Item #37, Primrose School-SR 434 Plat Waiver, until December 13.

Motion by Commissioner Dallari, seconded by Commissioner Henley to continue Item #37, Primrose School-SR 434 Plat Waiver, Bob Ziegenfuss, until December 13, 2011.

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

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Chairman Carey advised that there is another add-on item. She stated that earlier today there had been an Executive Session. A copy of the Firefighters "B" Unit Collective Bargaining Agreement (copy received and filed) executed by the local chapter was distributed.

Mr. Hartmann stated that staff would like the motion to include, if the Board so chooses, that the pay would be retroactive to October 1, 2011.

Chairman Carey stated that based on the discussion and what was presented at the Executive Session, she is looking for a motion, including the pay being retroactive to October 1, 2011.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize Chairman to execute Local 3254 International Association of Firefighters "B" Unit Collective Bargaining Agreement, as shown on page _______, including the pay being retroactive to October 1, 2011.

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

Chairman Carey recessed the meeting at 10:35 a.m., reconvening at 10:45 a.m., with Commissioner Dallari being absent.

REGULAR AGENDA (Continued)

Jeff Hopper, Planner, addressed the Board to present a request to schedule and advertise a public hearing to amend the Land Development Code to establish Temporary Package Storage Permits to facilitate the seasonal delivery of packages. The proposed amendment would permit temporary storage facilities (“pods”) within or adjacent to residential areas. These facilities would be limited to a time period beginning November 30 and ending on December 31 of each year. The packages could be delivered using golf carts in accordance with Section 316.2126 of the Florida Statutes.

Mr. Hopper explained that within residential neighborhoods, storage pods would only be located on common property owned by a homeowner’s association with written authorization of the HOA. Non-residential parking lots near residential areas could also be used with the property owner’s permission, provided the pods do not interfere with existing uses. Storage pods on individual single-family residential properties would be prohibited and the use of private residential garages for this purpose would also be prohibited. A Temporary Package Storage Permit would be required, which could be issued by the Planning and Development Manager subject to several requirements including a site plan and stabilized parking and loading areas. Mr. Hopper stated that staff recommends approval of the request.

Upon inquiry by Commissioner Henley, Tina Williamson, Planning and Development Manager, stated that a church could apply for a Temporary Package Storage permit in order to place a pod in their parking lot.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve request to schedule and advertise a public hearing to amend Chapter 30 of the Land Development Code to establish Temporary Package Storage Permits to facilitate the seasonal delivery of packages.

Under discussion, Chairman Carey advised that she has had discussions with some Senate members. In 2009, the Florida Senate took this issue up and amended a bill that would allow this to happen. Chairman Carey submitted 2009 SB 1088 along with the Bill Analysis and Fiscal Impact Statement and e-mails that were received from the Commission offices into the record.

Districts 2, 3, 4 and 5 voted AYE.

COUNTY MANAGER’S BRIEFING

The Board noted, for information only, the Informational Budget Amendment Status Report FY 2010/11 for the period ending July 31, 2011.

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Mr. Hartmann requested the Board authorize the Chairman to sign a letter of support to the Florida Department of Environmental Protection with respect to the proposed Numeric Nutrient Criteria (NNC). He stated this letter is consistent with a past resolution that the Board approved.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the Chairman to execute a Letter, as shown on page _______, to Secretary Hershel T. Vinyard Jr., Florida Department of Environmental Protection with respect to the County encouraging the accelerated adoption of the NNC regulations and associated statutes being proposed by the FDEP.

Districts 2, 3, 4 and 5 voted AYE.

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Mr. Hartmann requested that the Board authorize the Chairman to sign a letter to the Secretary of Transportation with regard to the TIGER grant.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute a Letter, as shown on page _______, to the Honorable Ray LaHood, Secretary of Transportation, with respect to the County's application for funding from the U.S. Department of Transportation - Transportation Investment Generating Economic Recovery (TIGER III) Discretionary Grant Application entitled "The Orlando Regional Multimodal Pedestrian Safety Program".

Districts 2, 3, 4 and 5 voted AYE.

COUNTY ATTORNEY’S BRIEFING

Mr. Applegate advised that in the case of Savannah Meridian Acquisition Group versus Seminole County, the Court has ordered the petition for writ of certiorari quashed affirming the Board's decision to deny Savannah's application for a major amendment to a Planned Unit Development known as The Exchange. He stated that Assistant County Attorney Kathy Furey-Tran, from his office, has done great work. He will circulate the order in the monthly report. Chairman Carey thanked Ms. Furey-Tran.

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Chairman Carey recessed the meeting at 10:53 a.m., reconvening at 1:31 p.m., with all Commissioners and all other Officials, (with Commissioner Horan being late and Commissioner Dallari being absent), with the exception of Deputy Clerk Jane Spencer, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

Districts 3, 4 and 5 voted AYE.

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Chairman Carey stated Commissioner Horan is not in attendance at this time.

PUBLIC HEARINGS

OAKMONTE SENIOR VILLAGES PUD

MAJOR AMENDMENT AND REZONE/Julian Coto

Proof of publication, as shown on page ________, calling for a public hearing to consider the Oakmonte Senior Villages PUD Major Amendment and Rezone from PUD to PUD, for 24.72 acres located at the intersection of International Parkway and Royal Gardens Circle, approximately ½ mile south of Lake Mary Blvd., Julian Coto, received and filed.

Joy Williams, Planning & Development, addressed the Board to state the Oakmonte Senior Villages PUD allows for Assisted and Independent Living facilities along with residential duplex units for senior citizens. The applicant is proposing to reduce the residential duplex villas from 50 to 44 units, increase the number of assisted living units from 100 to 114, increase the building height from 35 ft. to 40 ft. for all multi-story buildings, and add a Skilled Nursing facility with a maximum of 40 units. The applicant is requesting a maximum of three duplex villas, and may utilize the OP (Office) permitted uses, being limited to dental, medical clinics and laboratories. The Planning & Zoning (P&Z) Commission and the staff recommended approval of the request. Staff requests that the staff report be made part of the record.

Julian Coto, Excel Engineering Consultants, addressed the Board to state he will answer any questions that the Board may have.

No one spoke in support or in opposition.

District Commissioner Carey recommended approval of the request.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve the Oakmonte Senior Villages PUD Major Amendment, Ordinance #2011-26, as shown on page _______, rezoning from PUD to PUD, the revised Final Master Plan and Development Order, as shown on page _______, and the Third Amended and Restated Developer’s Commitment Agreement, as shown on page ________, for 24.72 acres located at the intersection of International Parkway and Royal Gardens Circle, approximately ½ mile south of Lake Mary Blvd., as described in the proof of publication, Julian Coto.

Districts 3, 4 and 5 voted AYE.

AMENDMENT TO THE LAND DEVELOPMENT CODE

Manufactured Housing and Bed and Breakfast Establishments

Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending Chapter 30 of the Land Development Code to address: (1) manufactured housing in the A-1 district; and (2) bed and breakfast establishments in the A-3, A-5 and A-10 districts, received and filed.

Jeff Hopper, Planning and Development, addressed the Board to state this request is a response to the Board to consider possible amendments affecting mobile and manufactured homes in A-1 district where such homes have been approved with time limits not required by the Code. In certain instances, mobile homes have been allowed with an expiration date as a condition of approval, resulting in the need for residents to return periodically to this Board to reapply for approval of a structure that functions as their permanent home. The affect of the ordinance would be to designate these homes as legal, nonconforming uses, which could remain in place indefinitely with no further permissions from the County. Any such unit could be replaced, by right, with a new unit up to twice the original floor area; while a larger unit would need a new special exception from the Board of Adjustment (BOA). There were some concerns expressed at the first public hearing that there should be a possible upper limit on the potential size of the replacement units. The Board may wish to consider a maximum size that would accommodate a triple-wide unit in the range of 2,500 to 3,000 sq. ft. In any case, a special exception would be needed to establish a manufactured home on property where none currently exist. The ordinance would not affect mobile homes authorized as limited uses, such as temporary residences while building a home or housing for a medical care provider. A revision to the Code is also included in the ordinance that deletes an existing requirement that bed and breakfast establishments in A-3, A-5 and A-10 be related to the County trail system or be an approved Agritourism use. Staff recommends adoption of the proposed ordinance.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2011-27, as shown on page ________, amending Chapter 30 of the Land Development Code to address: (1) manufactured housing in the A-1 district; and (2) bed and breakfast establishments in the A-3, A-5 and A-10 districts, as described in the proof of publication.

Districts 3, 4 and 5 voted AYE.

SPECIAL MAGISTRATE ORDINANCE

Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt an Ordinance amending Chapter 53 of the Seminole County Code to establish a Special Magistrate(s) to hear Code Enforcement issues, received and filed.

Nicole Guillet, Growth Management Director, addressed the Board to advise if the Board adopts the ordinance, an RFQ would be issued for special magistrates that would be administered through the County Attorney’s office. Staff would then bring back recommendations for one or more special magistrates to be appointed by the Board. If the Board adopts the ordinance today, staff will bring back at the next meeting some operating procedures and amendment to the existing Memorandum of Understanding with the Sheriff’s Office to incorporate the special magistrate into that agreement.

At the request of Chairman Carey, Bryant Applegate, County Attorney, reviewed the process that staff is planning to administer in getting the names of the special magistrates to the Board. He noted that by adopting this ordinance, the Board will help eliminate the backlog of Code Enforcement cases. The special magistrates will handle more complex, commercial type code violations. The special magistrates can also be removed by the BCC at any time. He added the Memorandum of Understanding (MOU) and the procedures have been approved by the Sheriff’s Office as well.

Upon inquiry by Commissioner Henley, Mr. Applegate advised the Code Enforcement Board is required to have their own outside counsel to avoid any conflict with the County Attorney’s office.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2011-28, as shown on page ________, amending Chapter 53 of the Seminole County Code to establish a Special Magistrate(s) to hear Code Enforcement issues, as described in the proof of publication.

Districts 3, 4 and 5 voted AYE.

REDISTRICTING ORDINANCE

Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance establishing new County Commission Districts, received and filed.

Ms. Guillet stated this is the final action on the redistricting proposal that the Board voted on previously. She displayed the map provided in the agenda and stated Proposal #2 was selected by the Board, with one minor change between District 1 and District 2. She informed the Board of one change that they might want to consider. She recommended changing a small piece of property that is part of the property owned by the Airport, and all of it is in District 5. She stated this piece of property ended up in District 2 and the Board may want to consider shifting the District 5 line to incorporate that so that all of the Airport property is within District 5. She said Commissioner Horan (District 2) is aware of this proposed change.

Upon inquiry by Commissioner Henley, Ms. Guillet advised there is no population on this site as it is a vacant piece of property.

No one spoke in support or in opposition.

Commissioner Horan entered the meeting at this time.

Motion by Commissioner Horan, seconded by Commissioner Henley to adopt Ordinance #2011-29, as shown on page ________, establishing new County Commission Districts, as described in the proof of publication, as amended.

The legal description for the boundaries of the Board of County Commissioner Districts is as follows:

EXHIBIT 2

Legal Description

Seminole County Board of County Commissioner Districts

Districts 1 through 5 within this description are located in Seminole County, Florida. The calls within this description are based on individual plats and deeds to which the district boundaries are coincident and are not part of a uniform basis of bearings throughout.

District 1:

Begin in Sec 33, Twp 20S, Rng 33E at the intersection of the threads of the St John’s River and Econlockhatchee River, also being on the Easterly boundary of Seminole County, per Florida Statutes Chapter 6511, No. 91, the “Creation of Seminole County”; run Southeasterly along said county boundary and the thread of the St John’s River to the South line of Sec 35, Twp 21S, Rng 33E; West along the South boundary of Seminole County, being the Township line between Townships 21S & 22S, to a point of intersection with the centerline of Tangerine Avenue, being in Sec 35, Twp 21S, Rng 30E.

Thence run Northerly along the centerline of Tangerine Avenue to the centerline of Howell Branch Road; Westerly along the centerline of Howell Branch Road to the centerline of Lake Ann Lane; North along the centerline of Lake Ann Lane to the East ¼ Corner of Sec 28, Twp 21S, Rng 30E and the endpoint of said Lake Ann Lane right-of-way; continue North along the East lines of Sections 28 & 21, Twp 21S, Rng 30E to the South line of the North ¾ of the SE ¼ of said Section 21; West along said South line of the North ¾ of the SE ¼ for 110.00 ft; North along the West line of the East 110.00 ft of the SE ¼ of said Section 21 to the centerline of Red Bug Lake Road; Easterly along the centerline of Red Bug Lake Road to the East line of said Section 21, also being within the right-of-way of Eagle Circle.

Thence run North along the East line of Sec 21, Twp 21S, Rng 30E to a point 738.69 ft South of the NE Corner of the SE ¼ of the NE ¼ of said Section 21; S89°31’43”W to the centerline of N Lake Sterling Court; North along the centerline of N Lake Sterling Court to a point S34°50’54”W of the Southerly most Corner Lot 2, Deer Run Unit 25, Plat Book 29 Pages 17 & 18, as recorded in the Official Records of Seminole County, Florida; N34°50’54”E to the Easterly most Corner said Lot 2, Deer Run Unit 25; N08°20’00”W 85.00 ft; N81°40’00”E 50.00 ft; N71°40’48”E 47.87 ft to the Northerly most Corner Lot 1, said Deer Run Unit 25, also being the East line of Sec 21, Twp 21S, Rng 30E; North along the East line of said Section 21 to the NE Corner of the SE ¼ of the NE ¼ of said Section 21; East along the North line of the SW ¼ of the NW ¼ of Sec 22, Twp 21S, Rng 30E to the Westerly right-of-way of Eagle Circle; Northeasterly along said Westerly right-of-way to the Northerly line of a 100.00 ft wide Florida Power Corporation Easement, as recorded in Official Record Book 607, Page 244 of Seminole County, Florida, also being the South line of Deer Run Unit 5, Plat Book 26 Pages 33 & 34, as recorded in the Official Records of Seminole County, Florida.

Thence run along platted subdivision boundaries, all as recorded in the Official Records of Seminole County, Florida, the following courses: West along the South line of said Deer Run Unit 5 to the SW Corner of same plat; North along the West lines of Deer Run Unit 5, Plat Book 26 Pages 33 & 34, then Deer Run Unit 1, Plat Book 20 Pages 92 & 93, then Sterling Park Unit 1, Plat Book 16 Page 93, to the NW Corner of said Sterling Park Unit 1; Southeasterly along the Southerly line of Camelot Unit 2, Plat Book 16, Pages 95 & 96 to the SE Corner of same plat; North along the East lines of said Camelot Unit 2, and then Camelot Unit 3, Plat Book 20, Pages 88 & 89 to the NE Corner of said Camelot Unit 3, also being the North ¼ Corner of Sec 15 Twp 21S Rng 30E, and the end of above referenced courses along said subdivision boundaries.

Thence leaving platted subdivision boundaries, run North along the West line of the East ½ of Sec 10, Twp 21S, Rng 30E to the centerline of Lake Drive; Southeasterly along the centerline of Lake Drive, becoming E Lake Drive, to a point of intersection with a line described as: from the NE Corner of Govt Lot 1, Sec 14, Twp 21S, Rng 30E, run N85°58’10”W 2018.80 ft; thence run N30°29’12”E to the centerline of E Lake Drive and the endpoint of the described line. Continuing from said point of intersection, run S30°29’12”W to a point 2018.80 ft N85°58’10”W of the NE Corner of Govt Lot 1, Sec 14, Twp 21S, Rng 30E, being the North line of Deer Run Unit 15, Plat Book 34, Page 56, as recorded in the Official Records of Seminole County, Florida.

Thence run Southeasterly along the Northerly line of said Deer Run Unit 15 to the NW Corner of Tract B, same plat; S00°49”00”E along the West line of said Tract B to the SW Corner of said Tract B; continue S00°49”00”E along the Southerly extension of the West line of said Tract B to the centerline of Eagle Boulevard; Easterly along the centerline of Eagle Boulevard to the centerline of Dodd Road; Southerly along the centerline of Dodd Road to the centerline of Weeping Willow Circle; West along the centerline of Weeping Willow Circle to a point North of the NW Corner Tract C, Deer Run Unit 12B, Plat Book 37 Page 82, as recorded in the Official Records of Seminole County, Florida. Thence run South along the following courses: across Weeping Willow Circle to the NW Corner of said Tract C, Deer Run Unit 12B; then along the West lines of said Tract C, Deer Run Unit 12B, and then Tract C, Hollowbrook West Phase 4, Plat Book 36 Pages 77 to 79, and then along the Southerly extension of the West line of said Tract C, Hollowbrook West Phase 4 to the centerline of S St. Lucie Drive, and the end of above referenced Southerly courses.

Thence run Northeasterly along the centerline of S St. Lucie Drive to the centerline of Dodd Road, said intersection located in Sec 23, Twp 21S, Rng 30E; Southeasterly and Southerly along the centerline of Dodd Road to the centerline of Red Bug Lake Road; Easterly along the centerline of Red Bug Lake Road to the centerline of Slavia Road; Easterly along the centerline of Slavia Road to the centerline of north bound SR 417; Northeasterly along the centerline of north bound SR 417 to the centerline of Red Bud Lake Road; Easterly along the centerline of Red Bud Lake Road to the centerline of W Broadway Street; Northerly, Easterly, then Southeasterly along said centerline of W Broadway Street, becoming E Broadway Street, then becoming W CR 419, to a point of intersection with the South line of Sec 13, Twp 21S, Rng 31E; East along the South line of said Section 13 to the thread of the Econlockhatchee River; Northerly and Easterly along the thread of the Econlockhatchee River to a point of intersection with the thread of the St John’s River, located in Sec 33, Twp 20S, Rng 33E, being the Easterly boundary of Seminole County and the Point of Beginning of District 1.

District 2:

Begin in Sec 33, Twp 20S, Rng 33E at the intersection of the threads of the St John’s River and Econlockhatchee River, also being the Easterly boundary of Seminole County, per Florida Statutes Chapter 6511, No. 91, the “Creation of Seminole County”, run along the county boundary the following courses: Northwesterly along the thread of the St John’s River to and through Lake Harney, returning to the thread of the St John’s River in Sec 06, Twp 20S, Rng 33E; Northwesterly, then Southwesterly along said thread to its intersection with the mouth of Lake Jesup; thence continue along said thread of the St John’s River Northwesterly to a point of intersection with the centerline of Old SR 415 extended Northeast, and the end of above referenced courses along the county boundary.

Thence leaving the county boundary and the thread of the St John’s River, run Southwesterly along said Northeasterly extension of and centerline of Old SR 415 to the centerline of Celery Avenue; Southerly and Southeasterly along the centerline of Celery Avenue to the centerline of SR 415; Southerly along the centerline of SR 415 to the centerline of E SR 46; Easterly along the centerline of E SR 46 to the centerline of Richmond Avenue; Southerly along the centerline of Richmond Avenue, through Brown’s Subdivision of Beck Hammock, Plat Book 1 Page 83, as recorded in the Official Records of Seminole County, Florida, and continuing along said centerline to a point near its intersection with Moores Station Road, being 612.37 ft North of the South ¼ Corner of Sec 03 Twp 20S Rng 31E.

Thence run N82°11’10”E 895.86 ft; S42°46’16”W 89.94 ft; S33°05’W 447.30 ft; S06°W 1432.30 ft; N54°16’W 1502.56 ft; South 551.37 ft; N65°29’13”W 97.67 ft; S26°51’29”W to the North line of Lot 10, Sanford Celery Delta, Plat Book 1 Pages 75 & 76, as recorded in the Official Records of Seminole County, Florida; East to a point 787.00 ft West of the East line of the West ½ of Sec 10, Twp 20S, Rng 31E; South 152.00 ft; West to a point 152.00 ft South of the NW Corner of said Lot 10, Sanford Celery Delta; continue West along the Westerly extension of the South line of the North 152.00 ft of said Lot 10, Sanford Celery Delta, to the East line of the West ¼ of Sec 10, Twp 20S, Rng 31E; South along said East line of the West ¼ to the SW Corner of the NE ¼ of the SW ¼ of said Section 10; West along the North line of the South ¼ of said Section 10 to the West line said Section 10, also being within the right-of-way of Cameron Avenue; North along the West line of said Section 10 to its intersection with the centerline of E Lake Mary Boulevard; Westerly along the centerline of E Lake Mary Boulevard to the centerline of N US Hwy 17-92, being in Sec 14, Twp 20S, Rng 30E.

Thence run Southwesterly along the centerline of N US Hwy 17-92, becoming S US Hwy 17-92, to the centerline of SR 436; Southeasterly along the centerline of SR 436 to the centerline of Red Bug Lake Road; Easterly along the centerline of Red Bug Lake Road to the East line of Sec 21,Twp 21S, Rng 30E, also being within the right-of-way of Eagle Circle; North along the East line of said Section 21 to a point 738.69 ft South of the NE Corner of the SE ¼ of the NE ¼ of said Section 21; S89°31’43”W to the centerline of N Lake Sterling Court; North along the centerline of N Lake Sterling Court to a point S34°50’54”W of the Southerly most Corner Lot 2, Deer Run Unit 25, Plat Book 29 Pages 17 & 18, as recorded in the Official Records of Seminole County, Florida; N34°50’54”E to the Easterly most Corner said Lot 2, Deer Run Unit 25; N08°20’00”W 85.00 ft; N81°40’00”E 50.00 ft; N71°40’48”E 47.87 ft to the Northerly most Corner Lot 1, said Deer Run Unit 25, also being the East line of Sec 21, Twp 21S, Rng 30E; North along the East line of said Section 21 to the NE Corner of the SE ¼ of the NE ¼ of said Section 21; East along the North line of the SW ¼ of the NW ¼ of Sec 22, Twp 21S, Rng 30E to the Westerly right-of-way of Eagle Circle; Northeasterly along said Westerly right-of-way to the Northerly line of a 100.00 ft wide Florida Power Corporation Easement, as recorded in Official Record Book 607, Page 244 of Seminole County, Florida, also being the South line of Deer Run Unit 5, Plat Book 26 Pages 33 & 34, as recorded in the Official Records of Seminole County, Florida.

Thence run along platted subdivision boundaries, all as recorded in the Official Records of Seminole County, Florida, the following courses: West along the south line of said Deer Run Unit 5 to the SW Corner of same plat; North along the West lines of Deer Run Unit 5, Plat Book 26 Pages 33 & 34, then Deer Run Unit 1, Plat Book 20 Pages 92 & 93, then Sterling Park Unit 1, Plat Book 16 Page 93, to the NW Corner of said Sterling Park Unit 1; Southeasterly along the Southerly line of Camelot Unit 2, Plat Book 16, Pages 95 & 96 to the SE Corner of same plat; North along the East lines of said Camelot Unit 2, and then Camelot Unit 3, Plat Book 20, Pages 88 & 89 to the NE Corner of said Camelot Unit 3, also being the North ¼ Corner of Sec 15 Twp 21S Rng 30E, and the end of above referenced courses along said subdivision boundaries.

District 3:

Thence leaving the county boundary, run Northerly along the centerline of Maitland Avenue to the centerline of E Altamonte Drive; Westerly along the centerline of E Altamonte Drive to the centerline of Palm Springs Drive; Northerly along the centerline of Palm Springs Drive to the centerline of North Street; West along the centerline of North Street to the centerline of Raymond Avenue; Northerly along the centerline of Raymond Avenue to the centerline of W SR 434; Southwesterly along the centerline of W SR 434 to the centerline of west bound Interstate 4, being in Sec 02, Twp 21S, Rng 29E; Northeasterly along the centerline of west bound Interstate 4 to the centerline of E.E. Williamson Road; West along the centerline of E.E. Williamson Road, becoming Ibis Road, to the endpoint of said right-of-way at the SE Corner of the SW ¼ of the SE ¼ of Sec 27, Twp 20S, Rng 29E.

Thence run the following courses through Sec 27, Twp 20S, Rng 29E: leaving Ibis Road, continue West along the South line of said section 27 to the SE Corner of the West ¼ of the East ½; North along the East line of the West ¼ of the East ½ to a point on the South line of the North 340.00 ft of the SW ¼ of the SE ¼; West along the South line of the North 340.00 ft of the SW ¼ of the SE ¼ to the Easterly Shoreline of the Little Wekiva River; Northerly along said Easterly Shoreline to the North line of the SW ¼ of the SE ¼; East along the North line of the SW ¼ of the SE ¼ to the East line of the West ¼ of the East ½; North along the East line of the West ¼ of the East ½ to the SW Corner of the NE ¼ of the NW ¼ of the SE ¼; S75°46’51”W 54.64 ft; N68°24’43”W 53.96 ft; N01°52’49”W 86.44 ft; N54°35’07”E 50.55 ft; S78°58’50”E 60.44 ft to the East line of the West ¼ of the East ½; North along the East line of the West ¼ of the East ½ to the SW Corner of the East ¾ of the North ¾ of the NE ¼; East along the South line of the North ¾ of the NE ¼ to the thread of the Little Wekiva River; Northerly, along the thread of the Little Wekiva River to the North line of said Section 27 and the end of above referenced courses through Sec 27, Twp 20S, Rng 29E.

Thence continue along the thread of the Little Wekiva River Northwesterly to the point of intersection with the thread of the Wekiva River in Sec 16 Twp 20S Rng 29E, being the Point of Beginning of District 3.

District 4:

Begin at the SW Corner of Sec 33, Twp 21S, Rng 30E, also being the Southerly boundary of Seminole County, per Florida Statutes Chapter 6511, No. 91, the “Creation of Seminole County”, run East along the county boundary, also being the South lines of Sections 33, 34 & 35 of said Twp 21S, Rng 30E, to a point of intersection with the centerline of Tangerine Avenue; Northerly along the centerline of Tangerine Avenue to the centerline of Howell Branch Road; Westerly along the centerline of Howell Branch Road to the centerline of Lake Ann Lane; North along the centerline of Lake Ann Lane to the East ¼ Corner of Sec 28, Twp 21S, Rng 30E and the endpoint of said Lake Ann Lane right-of-way; continue North along the East lines of Sections 28 & 21, Twp 21S, Rng 30E to the South line of the North ¾ of the SE ¼ of said Section 21; West along said South line of the North ¾ of the SE ¼ for 110.00 ft; North along the West line of the East 110.00 ft of the SE ¼ of said section 21 to the centerline of Red Bug Lake Road; Westerly along the centerline of Red Bug Lake Road to the centerline of SR 436; Northwesterly along the centerline of SR 436 to the centerline of S US Hwy 17-92; Northeasterly along the centerline of S US Hwy 17-92, becoming N US Hwy 17-92 to the centerline of W Lake Mary Boulevard, being in Sec 14, Twp 20S, Rng 30E.

Thence run Westerly along the centerline of W Lake Mary Boulevard to its intersection with the Southerly extension of the Westerly line of Block B, Hidden Lake Unit 1A Revised Plat, Plat Book 17 Pages 99 & 100, as recorded in the Official Records of Seminole County, Florida; N09°56’30”W along said Southerly extension of the Westerly line of Block B, Hidden Lake Unit 1A Revised Plat, to the Southerly most point of said Block B; continue N09°56’30”W along the Westerly line of said Block B to the Northeast Corner of Lot 25, Lake Minnie Estates, Plat Book 6 Page 92, as recorded in the Official Records of Seminole County, Florida; N65°W 337.70 ft to the Northwest Corner of said Lot 25, Lake Minnie Estates; South 36.59 ft; S65°E 297.91 ft; S11°E 620.36 ft; N65°W 422.14 ft to the West line of said Lot 25; continue N65°W 569.81 ft to the East line of Art Lane; South along the East line of Art Lane to the Northeast Corner of the South 755.97 ft of the West 801.00 ft of Govt Lot 3 in Sec 10, Twp 20S, Rng 30E; West 60.00 ft; North 1154.07 ft; N65°W 669.83 ft; N26°09’03”E 33.08 ft to the Southerly line of the Sanford Grant; S65°E along the Southerly line of the Sanford Grant to the Southeast Corner of Tract A, Reserve at Loch Lake, Plat Book 76 Pages 27 to 33, (A Replat of Reserve at Sanford Townhomes, Plat Book 71 Pages 26 to 32), as recorded in the Official Records of Seminole County, Florida.

Thence run along the Easterly and Northerly boundary of said Reserve at Loch Lake, Plat Book 76 Pages 27 to 33, the following courses: N00°48’54”E 813.29 ft to the Northeast Corner of Tract C; N89°11’07”W 375.00 ft; North 415.00 ft; West 250.00 ft; North 260.00 ft; N81°25’52”W 417.39 ft to the Northerly most point of Tract B, also being the Southerly boundary of Ramblewood, Plat Book 23 Pages 7 & 8, as recorded in the Official Records of Seminole County, Florida, and the end of above referenced courses along the boundary of Reserve at Loch Lake, Plat Book 76 Pages 27 to 33. Thence leaving said Reserve at Loch Lake, Plat Book 76 Pages 27 to 33, run along the Southerly and Westerly boundary of Ramblewood, Plat Book 23 Pages 7 & 8, the following courses: N89°15’28”W 550.688 ft; N00°44’31”E 316.047 ft; N29°09’54”W 458.455 ft to the Westerly most Corner Lot 23, also being the Southerly boundary of Egrets Landing, Plat Book 54 Pages 96 to 99, as recorded in the Official Records of Seminole County, Florida, and the end of above referenced courses along the boundary of Ramblewood, Plat Book 23 Pages 7 & 8.

Thence leaving said Ramblewood, Plat Book 23 Pages 7 & 8, run along the Southeasterly and Easterly boundary of Egrets Landing, Plat Book 54 Pages 96 to 99, the following courses: N60°06’21”E 1056.12 ft; N29°54’53”W 601.56 ft; S89°57’30”E 1233.82 ft; N59°58’38”E 790.60 ft; N00°01’22”W 853.82 ft to the Northeast Corner of Tract B, also being the East line of Sec 03, Twp 20S, Rng 30E, and the end of above referenced courses along the boundary of Egrets Landing, Plat Book 54 Pages 96 to 99. Thence leaving said Egrets Landing, Plat Book 54 Pages 96 to 99, continue North along the East line of Sec 03, Twp 20S, Rng 30E to the centerline of south bound SR 417; Northwesterly along the centerline of south bound SR 417 to the centerline of W 25^th Street, aka H. E. Thomas Jr Pkwy; West along the centerline of W 25^th Street to the centerline of Country Club Road; Southerly and Westerly along the centerline of Country Club Road, becoming N Country Club Road, to its intersection with Rantoul Lane in Sec 04, Twp 20S, Rng 30E; South along the centerline of N Country Club Road to the centerline of W Lake Mary Boulevard.

Thence West along the centerline of W Lake Mary Boulevard to the centerline of west bound Interstate 4, being in Sec 13, Twp 20S, Rng 29E; Southwesterly along the centerline of west bound Interstate 4 to the centerline of W SR 434; Northeasterly along the centerline of W SR 434 to the centerline of Raymond Avenue; Southerly along the centerline of Raymond Avenue to the centerline of North Street; East along the centerline of North Street to the centerline of Palm Springs Drive; Southerly along the centerline of Palm Springs Drive to the centerline of E Altamonte Drive; Easterly along the centerline of E Altamonte Drive to the centerline of Maitland Avenue; Southerly along the centerline of Maitland Avenue to the South line of Sec 24, Twp 21S, Rng 29E, also being the southerly boundary of Seminole County.

Thence run along the Southerly boundary of the county the following courses: East along the South line of Sec 24, Twp 21S, Rng 29E to the SE Corner of said Section 24, also being the Range line between Ranges 29 & 30 East; South along said Range line to the SW Corner of Sec 19, Twp 21S, Rng 30E; East along the south lines of Sections 19 & 20, Twp 21S, Rng 30E to the SE Corner of Sec 20, Twp 21S, Rng 30E; South along the West lines of Sections 28 & 33, Twp 21S, Rng 30E to the SW Corner of Sec 33, Twp 21S, Rng 30E, and the end of above referenced courses along the county boundary, being the Point of Beginning of District 4.

District 5:

Begin in Sec 16, Twp 20S, Rng 29E at the intersection of the threads of the Wekiva River and Little Wekiva River, also being the Westerly boundary of Seminole County, per Florida Statutes Chapter 6511, No. 91, the “Creation of Seminole County”, run along the Westerly and Northerly boundary of the county the following courses: Northerly along the thread of the Wekiva River to a point of intersection with the thread of the St John’s River, being in Sec 36 Twp 18 South, Rng 29E; Southeasterly and Easterly along the thread of the St John’s River to and through Lake Monroe, returning to the thread of the St John’s River in Sec 16, Twp 19S, Rng 31E; Southerly and Southeasterly along said thread to its intersection with Monroe Canal, aka Woodruff Creek; continue Easterly, then Southeasterly, along thread located East of the Unsurveyed Part of Sec 27, Twp 19S, Rng 31E, to its intersection with the centerline of Old SR 415 extended Northeasterly, and the end of above referenced courses along the county boundary.

Thence leaving the county boundary and the thread of the St John’s River, run Southwesterly along said Northeasterly extension of and centerline of Old SR 415 to the centerline of Celery Avenue; Southerly and Southeasterly along the centerline of Celery Avenue to the centerline of SR 415; Southerly along the centerline of SR 415 to the centerline of E SR 46; Easterly along the centerline of E SR 46 to the centerline of Richmond Avenue; Southerly along the centerline of Richmond Avenue, through Brown’s Subdivision of Beck Hammock, Plat Book 1 Page 83, as recorded in the Official Records of Seminole County, Florida, continuing along said centerline to a point near its intersection with Moores Station Road, being 612.37 ft North of the South ¼ Corner of Sec 03 Twp 20S Rng 31E.

Thence run N82°11’10”E 895.86 ft; S42°46’16”W 89.94 ft; S33°05’W 447.30 ft; S06°W 1432.30 ft; N54°16’W 1502.56 ft; South 551.37 ft; N65°29’13”W 97.67 ft; S26°51’29”W to the North line of Lot 10, Sanford Celery Delta, Plat Book 1 Pages 75 & 76, as recorded in the Official Records of Seminole County, Florida; East to a point 787.00 ft West of the East line of the West ½ of Sec 10, Twp 20S, Rng 31E; South 152.00 ft; West to a point 152.00 ft South of the NW Corner of said Lot 10, Sanford Celery Delta; continue West along the Westerly extension of the South line of the North 152.00 ft of said Lot 10, Sanford Celery Delta, to the East line of the West ¼ of Sec 10, Twp 20S, Rng 31E; South along said East line of the West ¼ to the SW Corner of the NE ¼ of the SW ¼ of said Section 10; West along the North line of the South ¼ of said Section 10 to the West line said Section 10, also being within the right-of-way of Cameron Avenue; North along the West line of said Section 10 to its intersection with the centerline of E Lake Mary Boulevard; Westerly along the centerline of E Lake Mary Boulevard, becoming W Lake Mary Boulevard at the point of intersection with N US Hwy 17-92, being in Sec 14, Twp 20S, Rng 30E.

Thence continue Westerly along the centerline of W Lake Mary Boulevard to its intersection with the Southerly extension of the Westerly line of Block B, Hidden Lake Unit 1A Revised Plat, Plat Book 17 Pages 99 & 100, as recorded in the Official Records of Seminole County, Florida; N09°56’30”W along said Southerly extension of the Westerly line of Block B, Hidden Lake Unit 1A Revised Plat, to the Southerly most point of said Block B; continue N09°56’30”W along the Westerly line of said Block B to the Northeast Corner of Lot 25, Lake Minnie Estates, Plat Book 6 Page 92, as recorded in the Official Records of Seminole County, Florida; N65°W 337.70 ft to the Northwest Corner of said Lot 25, Lake Minnie Estates; South 36.59 ft; S65°E 297.91 ft; S11°E 620.36 ft; N65°W 422.14 ft to the West line of said Lot 25; continue N65°W 569.81 ft to the East line of Art Lane; South along the East line of Art Lane to the Northeast Corner of the South 755.97 ft of the West 801.00 ft of Govt Lot 3 in Sec 10, Twp 20S, Rng 30E; West 60.00 ft; North 1154.07 ft; N65°W 669.83 ft; N26°09’03”E 33.08 ft to the Southerly line of the Sanford Grant; S65°E along the Southerly line of the Sanford Grant to the Southeast Corner of Tract A, Reserve at Loch Lake, Plat Book 76 Pages 27 to 33, (A Replat of Reserve at Sanford Townhomes, Plat Book 71 Pages 26 to 32), as recorded in the Official Records of Seminole County, Florida.

Districts 2, 3, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

Sabrina O’Bryan, Legislative and Grants Program Manager, addressed the Board to submit a current Bill Status Report (received and filed) for the 2012 session. She stated the session is scheduled to begin in January 2012.

Susan Dietrich, Assistant County Attorney, addressed the Board to give a status on the Expressway Authority bills. She stated SB 354, by Senator Simmons, has been introduced and it has currently been referred to three different committees. The first committee will meet next week to discuss that. The companion bill (HB 219) was filed by Representative Plakon and that has been referred to four different committees. Their first committee meeting is next week. She added staff does not have the agendas for those committee meetings to date. The bill reinstates the Expressway Authority as it existed on June 30, 2011.

Upon inquiry by Commissioner Henley, Ms. Dietrich advised staff will make sure that the County’s lobbyist will be attending the committee meetings as well.

Chairman Carey requested that if there is an identical companion bill on the report, she would like the name of the representative who sponsored that bill.

Ms. O’Bryan stated there are several things going on at the subcommittee level and staff will continue to monitor those. She stated staff is also watching any items that are of concern to the County.

Chairman Carey stated the Department of Environmental Protection (DEP) issues on the nutrient loads needs to be monitored and the lobbyist needs to make sure that that issue continues to move forward.

Commissioner Henley stated the Board has expressed their desire to have a seat on the Orange County Expressway Authority since they desire to move into this County. He stated he would like the lobbyist to begin pursuing that issue.

Chairman Carey stated if they are going to be a regional authority, they should have regional representation. She recommended that staff contact Orange County to see how they feel about that as well as Osceola and Lake Counties. She stated there are a number of other counties that are impacted by the actions. If there is a strong push back from Orange County to have that become more of a regional board, then that might make it more difficult.

Commissioner Henley stated when he presented that idea to MetroPlan, Lake and Osceola counties, and the city of Orlando indicated that they had no objections to making that a regional board. Mayor Crotty did not express himself one way or the other. Commissioner Henley recommended that they obtain a letter of statement to that effect.

Chairman Carey recommended that staff circulate with others involved with the Expressway Authority in Orange County with regard to that issue.

Commissioner Horan stated one of the things that he has read about is the possibility of merging a number of the authorities into either the Turnpike Authority or under the Department of Transportation. He stated he feels this issue bears close watching. He added a major portion of the Seminole County Expressway Authority is managed by the Turnpike Authority. He said he shares Commissioner Henley’s desire to have more of a say in the regional Expressway Authority matters. The lobbyist needs to pay close attention to this.

Chairman Carey stated there is a lot of duplication of transportation authorities and it is easier if they have one group that knows where all the dots are connected. She requested that staff keep a close eye on that.

CHAIRMAN’S REPORT

Chairman Carey stated the Workforce Central Florida Consortium Board met last Friday and a couple of appointments were made at that time. She stated they are discussing some things by the attorneys for the five counties, and they will probably bring back better guidance and structure on how the Consortium and Board of Directors for Workforce will interact with each other. She said she believes rather than having a one-time annual meeting for the Consortium to approve a budget and appoint board members, it will probably become a little more active than that.

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Chairman Carey stated the Christian Sharing Center is hosting a food drive between now and December 31 to provide Thanksgiving and Christmas meals for local families in need. The Sharing Center is holding a shoe drive as well for children that do not have proper footwear. The Sharing Center is also holding their Grand Opening of the Oasis Center for homeless children and adults at their Longwood Plaza on October 31^st from 2:00 p.m. to 4:00 p.m. She stated this will be a perfect opportunity for people to drop off food or donate cash. Anyone interested can check their website for further information.

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Chairman Carey reminded the Board of the Servants of the People luncheon for the Rescue Outreach Mission on Wednesday, October 26, 2011 at the Lake Mary Marriott.

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Chairman Carey reminded everyone of Halloween on Monday, October 31, 2011 and to be sure that they keep an eye out for the trick-or-treaters, and to drive carefully.

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Chairman Carey stated the Central Florida Zoo is sponsoring their annual Safari Soiree on November 5, 2011, from 6:00 p.m. to 11:00 p.m. with a silent auction, dinner, a special show and dancing at the Westin in Lake Mary. She stated tickets are available at the zoo.

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Chairman Carey informed the Board that the Lake Mary Heathrow Festival of the Arts will be held at Oval Park in Colonial Town Park on November 5 and 6.

COMMUNICATIONS AND/OR REPORTS

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

1. Copy of letter dated September 27, 2011 to Marion McGrath, HBA President, from Chairman Brenda Carey commending her for her term as president of the HBA.

2. Copy of letter dated September 27, 2011 to Harry Barley, MPO, from Chairman Brenda Carey re: appointments to the Transportation Technical Committee.

3. Copy of letter dated September 27, 2011 to Delores Lash, Chairman, Lake Mary-Heathrow Festival of the Arts, from Chairman Brenda Carey commending the organizers and participants on the 25^th anniversary of the festival.

4. Letter dated September 27, 2011 to Chairman Brenda Carey from Governor Rick Scott re: military installations and potential incompatible future land use designations on surrounding property.

5. Copy of letter dated September 27, 2011 to Secretary Ray LaHood from Chairman Brenda Carey re: commitment to the TIGER III project.

6. Copy of letter dated September 28, 2011 to Steve Miller, Executive Director, South Seminole North Orange County Wastewater Transmission Authority, re: Authority of Board Representative and Alternative Member Terms of Office Expiration.

7. Letter dated September 30, 2011 to Chairman Brenda Carey from Alice Cobb, Workforce Central Florida, re: transition.

8. Copy of memo dated September 30, 2011 to James K. Hartmann, County Manager, from Roads/MOT Crew 631 re: Changes to Employees’ Compensation/Benefit Packages.

9. Copy of letter dated October 10, 2011 to Jeffrey Gregg, Agency for Health Care Administration, from Chairman Brenda Carey re: Certificate of Need for a Rehab Unit at Central Florida Regional Hospital.

10. Copy of letter dated October 11, 2011 to Jeffrey Gregg, Agency for Health Care Administration, from Chairman Brenda Carey re: Certificate of Need for a Rehab Unit at Health South.

11. Copy of letter dated October 11, 2011 to Shelley Lauten, MyRegion.org, from Chairman Brenda Carey re: Seminole County Comments Concerning the MyRegion/Urban Land Institute Technical Advisory Panel Recommendations.

12. Letter dated October 12, 2011 to the Seminole County Board of County Commissioners from Brent Nelson, Interim Executive Director of the Central Florida Sports Commission, re: support of Seminole County’s efforts to purchase the Seminole Soccer Complex.

13. Letter dated October 12, 2011 to Chairman Brenda Carey from Polly Trottenberg, Office of the Secretary of Transportation, U.S. Dept. Transportation, re: acknowledgement of receipt of letter of support for TIGER Discretionary Grant Program.

14. Notice of Public Meeting from the City of Sanford to amend future land use map re: 815 French Avenue.

15. Copy of letter dated October 13, 2011 to Mr. Jim Hartmann, County Manager, from Dr. Bill Vogel, Superintendant, Seminole County Public Schools, re: visioning session scheduled for November 1, 2011 with Altamonte Springs.

16. Copy of letter dated October 14, 2011 to Mr. Jim Hartmann, County Manager, from George Kinney, Interim Executive Director, East Central Florida Regional Planning Council, re: 2011-12 Annual Assessment (Dues).

17. Letter dated October 14, 2011 to Chairman Brenda Carey from Mr. Steven Tye re: Item 2011-0188; BCC Meeting 9/13/2011.

18. Notice of Public Hearing from the City of Sanford to consider a comprehensive plan amendment for 815 French Avenue.

DISTRICT COMMISSIONERS’ REPORT/COMMITTEE REPORTS

Commissioner Van Der Weide stated he would like to amend the conditions of the employee lump sum payment. He stated he feels the Board should amend the conditions of the employee lump sum payments to include permanent employees who have not yet completed one year of service on a pro-rated basis of $100 full-time/$50 part-time for each month of service completed.

Chairman Carey stated these are for employees who passed their six months of probation but have been employed for less than a year. She stated the Board approved the $1,200 flat payment for all employees employed a year or longer. She said what Commissioner Van Der Weide is saying, the amount would be pro-rated based on the time served.

Motion by Commissioner Van Der Weide, seconded by Commissioner Horan to amend the conditions of the employee lump sum payments to include permanent employees who have not yet completed one year of service on a pro-rated basis of $100 full-time/$50 part-time for each month of service completed.

Under discussion and upon inquiry by Commissioner Horan, Mr. Hartmann advised an alternative is the Board will not award the pro-rated share to a probationary employee until they meet that six-month probation.

Chairman Carey stated she doesn’t have a problem not including the employees still in the probationary period, but include those who are past that and pro-rating it.

Districts 2, 3, 4 and 5 voted AYE.

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Commissioner Van Der Weide stated there are some real problems with community street lighting and signs in Springs Landing. The community has sign posts that have been there for ten years, and he needs this Board to direct staff to solve this problem so that the community can continue to keep the signs/lighting without having to tear them down.

Antoine Khoury, Public Works Director, addressed the Board to state the issue with Springs Landing is nonconforming signs and the County’s Code requires break-away signs. These posts are structurally solid and that means they will not bend or break if someone runs into them. When the MSBU was done for the street lighting, the homeowner’s association contracted with Florida Power to change not only the power of the lights but also the street signs.

Mr. Applegate stated he is confident that the County can work out a hold harmless and indemnification agreement with the homeowner’s association.

Commissioner Van Der Weide stated he feels this needs to be done posthaste.

Mr. Applegate stated he will make sure that staff will get with Public Works and the homeowner’s association.

Upon inquiry by Commissioner Henley relative to why didn’t staff questioned this before, Mr. Khoury advised staff was never notified and no permits were ever pulled.

Upon inquiry by Commissioner Carey, Mr. Khoury advised staff is required by law now to do sign inventories as well as reflectivity testing on the signs. He stated it is a new federal regulation that staff has to test every sign in the County.

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Commissioner Henley stated he was alerted to a long-standing code enforcement problem by a lady that lives in Commissioner Carey’s district and he referred the lady to Commissioner Carey as well as gave her the number of the Sheriff’s Office that handles code issues.

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Commissioner Henley referred to a problem that he thought the County had resolved on Alpine Street. He stated Mr. Davis was sent to jail for that violation and now he is doing the same thing. He would like to see if the Sheriff’s Office would like to prosecute again or take whatever action that is necessary.

Mr. Applegate stated in addition to his office reviewing that, he understands that the Sheriff’s Office is also investigating the issue as well. He stated his office has just completed an analysis of every possibility they have for lot clearing, nuisance abatement and code enforcement. He said he is working with the County Manager’s office and they are planning to bring back some possible suggestions on more countywide areas of lot clearing and nuisance abatement.

Commissioner Henley stated he feels that staff should research this again and take action.

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Commissioner Carey stated she would like an update on where staff is on the homes identified in Midway to be removed as part of Code action.

Ms. Guillet stated staff identified a number of homes in Midway that were possible candidates for nuisance abatement. She stated she worked with the Community Assistance program and they had some CDBG funding and approximately four or five homes to date have been removed. She added she has been working with the County Attorney’s office to find other ways to continue the nuisance abatement efforts in Midway and elsewhere in the County. The County Attorney and the Community Assistance offices met with her to discuss the different options that they have. The Code Enforcement Division as well as the Sheriff’s Office have been part of this effort and they will be identifying homes everywhere in the County that might be candidates for nuisance abatement. There is a chapter in the Seminole County Code that allows the Board to issue an order to have dilapidated homes removed. The issue for this is how you pay to remove the home once the County orders it demolished. Funding from Community Assistance is available, but there are some restrictions on that funding, and those could be dealt with through the Nuisance Abatement Ordinance. Staff is working with Code Enforcement to identify all the potential candidates countywide. Staff will brief the Board members individually about the different options, and whether or not the Board wants to proceed under the Nuisance Abatement Ordinance. Staff will discuss the different options for funding the nuisance abatement activities.

Mr. Applegate stated in addition to nuisance abatement, a lot of these are abandoned structures. The County does have a provision to get to that, but it is somewhat elaborate. Staff will have to do an adequate title search, a notice provision and a Board determination. He recommended that staff look for other sources other than CDBG and get the job done.

Chairman Carey stated the Sheriff’s Office always has some funds available. She stated some of the houses are used for drug deals, etc. and she is sure that staff can work with the Sheriff’s Office to get these abandoned homes down that are havens for illegal activity. She said she wanted an update as she has had some inquiries from the residents in Midway.

Ms. Guillet stated some homes have been demolished but there are many more that are potential candidates. She informed the Board that staff is also looking in the area south of Lyman.

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Upon inquiry by Chairman Carey, Mr. Hartmann advised staff is working with the schools relative to the sewer issue at the Midway Community Center. He stated he understands that a meeting will be scheduled soon.

Joe Forte, Deputy County Manager, addressed the Board to advise the schools have not yet set up a meeting with the Health Department regarding the septic system. He stated staff has inquired on three other properties and one is a structure that is on an existing parcel on SR 46. He added he has asked staff to inquire as to whether or not that building is suitable for a community center and to obtain an appraisal before they brief the County Manager and the Board as to whether or not that is the direction they can go with.

Upon inquiry by Chairman Carey, Mr. Forte advised staff will follow up on this issue on a weekly basis.

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Commissioner Horan stated the Task Force that is part of the Congress of Regional Leaders has come to an end on streamlining permitting and licensing procedures. He stated they will submit a report to the Congress on November 4 and he believes the BCC will welcome a lot of these suggestions. They are not top-down prescriptions, but identification of best practices in the area. One of the interesting aspects and findings of this group is how successful the training and teaching is in what they call the soft skills.

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Motion by Commissioner Horan, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2011-R-199, as shown on page ________, appointing William Poe to the Seminole County Port Authority; and to approve a Resolution #2011-R-213, as shown on page __________, of Appreciation to Elizabeth Dorworth for her services on the Port Authority.

Districts 2, 3, 4 and 5 voted AYE.

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Commissioner Carey stated the Board sent a letter to the Congress of Regional Leaders regarding the water issue and the County obtained a response from Shelley Lauten. She stated if the Board hasn’t received a copy of the letter, she will make sure that they get one.

COUNTY MANAGER’S REPORT

No Report.

COUNTY ATTORNEY’S REPORT

Mr. Applegate stated, in his view, the decision made by the First District Court of Appeal in Tallahassee relating to the slot machine case in South Florida opens the door for allowing slot machines in any pari-mutuel across the State of Florida. He stated Assistant County Attorney David Shields feels very strongly that if this case is appealed to the Florida Supreme Court, his office would like to request to file an amicus (friend of the court) brief. His office will point out that they believe the lower courts did not address the Supreme Court case, known as the Loretta case, and how that relates to Article 10, Section 7 of the Florida Constitution. The worst thing that could happen is the Court denies the County’s motion to file the amicus brief. The County Attorney’s office feels that they would have a good shot at the court granting the motion. He stated his office is prepared to brief inhouse or argue that portion of the case. He said he feels it is worth it to make a stand on this issue and see where the dice fall. He reminded the Board that Article 10, Section 23 was approved by the voters in 2004 and that allowed the gambling to increase in just Dade and Broward counties. Since then, the Florida Legislature amended Chapter 551 and in so doing kind of opened the door for discussion about where else gambling/slot machines can go in the State of Florida. He stated he met with a State investigator on gambling; and he pointed out to that investigator that Seminole County has a very strong voter-approved Charter amendment, and is planning to enforce it at all costs. He said if the Board approves his motion, his office will monitor the case and if it is appealed to the Supreme Court, or reheard by the First District Court of Appeal, he will seek a motion to file the amicus brief.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize the County Attorney’s office to file an amicus brief relating to gambling/slot machines.

Districts 2, 3, 4 and 5 voted AYE.

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Mr. Applegate informed the Board that he sent an e-mail to the Board informing them that Palm Beach County has filed a suit over the firearms legislation.

BOARD REORGANIZATION

Chairman Carey advised that the reorganization was done during the morning session. She advised the reason why the reorganization was done this morning is Commissioner Dallari’s mother, Dolores Dallari, passed away on Sunday and he needed to leave to be with his family. She stated she got to know his mother while preparing his charity roast and she was a very witty and delightful lady. She asked that everyone keep Commissioner Dallari in their prayers and to give the family the support they need to endure this loss. She stated on behalf of the BCC, staff and citizens, their thoughts and prayers will be with him.

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Commissioner Van Der Weide stated he will be going in the hospital on November 7 and be operated on November 8, 2011.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:25 p.m.

ATTEST:______________________Clerk_____________________Chairman

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