SEMINOLE COUNTY

the Hispanic Initiatives.

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Motion by Commissioner Henley, seconded by Commissioner McLean, to adopt appropriate Resolution #2008-R-232, as shown on page _______, acknowledging November 15, 2008 as the 90^th Anniversary of the Sallie Harrison Chapter National Society Daughters of the American Revolution.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Henley presented the Resolution to Carol-Lynn Bevc, Chapter Regent, and others.

Clerk Maryanne Morse entered the meeting at this time.

Ms. Beck expressed appreciation of the County’s support. She said they represent 78 members in Seminole County and are growing. They have about 100 people on their waiting list.

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Motion by Commissioner Dallari, seco nded by Commissioner McLean, to adopt appropriate Resolution #2008-R-233, as shown on page _______, recognizing Ronnie Howard for twenty-six years of dedication and commitment to Seminole County Government and its citizens upon his retirement on October 23, 2008.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Dallari presented the Resolution to Albert English, Manager, Stormwater Division, who advised Mr. Howard was unable to attend the meeting and he expressed on behalf of Mr. Howard and his family best wishes to the Commissioners and the County Manager. Mr. English said working with Mr. Howard was a pleasure and he appreciated the hard work and dedication he had.

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Motion by Commissioner McLean, seconded by Commissioner Dallari, to adopt appropriate Resolution #2008-R-234, as shown on page _______, recognizing Glen Akers for ten years of dedication and commitment to Seminole County Government and its citizens upon his retirement on October 24, 2008.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner McLean presented the Resolution to Mr. English who stated Mr. Akers was unable to attend the meeting but sends his regards to the Commissioners.

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Motion by Commissioner Dallari, seconded by Commissioner McLean, to adopt appropriate Resolution #2008-R-235, as shown on page _______, recognizing Charles Smith, Jr. for ten years of dedication and commitment to Seminole County Government and its citizens upon his retirement on October 31, 2008.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Dallari presented the Resolution to Mr. Smith.

COUNTY MANAGER’S CONSENT AGENDA

Ms. Coto advised of three changes to the Consent Agenda as follows: Correction to backup for Item #6, Contract between Seminole County Government and Seminole County Professional Firefighters, Local 3254, to read that October 22, 2008, is when the vote was completed. Pages 14 to 24 had been omitted from the backup for Item #11, PS-3556-08/JVP, Engineering Study and Design Services for SR 419-Snow Hill Road to the Orange County Line, and the staff has added those pages to the agenda packets. Item #17, Resolution approving the issuance of Industrial Development Revenue Bonds not to exceed $65,000,000, is pulled from the agenda as the Orange County Industrial Development Authority had advertised the incorrect addresses. This item will be on the November 18, 2008, Board agenda.

Commissioner McLean questioned why for Items #12, #13 and #14, all Contracts for Sale and Purchase of Land, the settlement price is greater than the appraised price.

Meloney Lung, Support Services, addressed the Board to state these are slightly over the appraised price but in all three cases the County needs the property. She said the County is somewhat handicapped in their ability to negotiate for property for the Markham Water Treatment Plant expansion as the property needs to be adjacent to the plant. Further, she explained that for the Public Works project, the property has to be in a certain location and there were only three properties the staff could choose from.

Frank Raymond, Administrative Services Director, addressed the Board to add it was due to a lack of alternatives that the staff was not able to negotiate more.

Chairman Carey questioned, regarding Item #14, why the County would not want to use County-owned right-of-way as the County owns property already along the southern area of this site. Discussion ensued.

County Manager Cindy Coto stated the County has an ordinance that prohibits any utilities from using the trail system for utility purposes. She understood that the type of improvements is not for underground utilities but for additional facilities that would be above the ground. She said it would require the Board to change their policy either to the trail system or the natural lands to be used for other than the purpose they were originally acquired for.

County Attorney Robert McMillan stated the Board has a policy that they will not put utilities in the trails. That was a major issue among the Board members and the public at the time of setting the policy. He said it is not just the Board’s policy that prohibits use of the natural lands and trails. The bond covenants also prohibit using natural lands for passive recreation. Some of the trails were purchased with trail referendum money or natural lands money. Some are under restrictions by DOT, and some are under the railroad right-of-way restrictions, which is a different set of rules.

Commissioner Dallari said if the County opened it up to allow their utilities to use some of the corridor, would it not open it up for use by other utilities.

Mr. McMillan said that was the concern at the time that this would open it up for others.

Chairman Carey stated the Board would not have to give anyone else permission to use the corridor if it’s a utility easement.

Mr. McMillan said the Board determined it did not want to face that issue. He stated it would depend on each piece of property. The Board might be able to do that, but they might not be able to because of the nature in which they acquired the property.

Chairman Carey stated they could say the use is strictly for the County. She said she would like to look into this.

Mr. McMillan advised the trails protection policy would have to be amended also.

Chairman Carey said the County is spending money when they don’t need to in order to acquire right-of-way.

Dennis Westrick, Environmental Services, addressed the Board to state they need the land not only for an additional stormwater facility but for other facilities as the plant is expanded.

Chairman Carey said she would like to know where they are trying to go with this particular site. She asked, for the future phases, if Mr. Westrick had identified how he will accomplish this on the site.

Mr. Westrick said he had spoken with the master planning consultants and they estimated if they went off site, they would need approximately five acres. If they expand, they will need approximately two acres and that will take them out to Year 2020 or 2025.

Commissioner Henley said he has gone through some of this discussion regarding utilities in the trails and he was not interested in rehashing all that again. He said they have had a lot of conversations over the years in regards to this. He is not interested in going back and undoing all that for a piece of property that they have another solution for. They don’t know how long they will be faced with that any way.

Commissioner Dallari stated he agrees with Commissioner Henley. He knows the citizens take pride in their trails and they don’t want to convert them to any form of utility corridor.

Chairman Carey said the County has a lot of excess property around the trails and having utilities underground would not impact them. She was thinking of looking at ways to save some money in the future.

Commissioner McLean said he understood there was a lot of discussion going into this at the time. It appears the solution they have is reasonable to get done what they have now and into the future. He said he agrees with the idea of discussing this for future options, but not to looking at the ordinance for amending it.

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Commissioner Dallari inquired about Item #11, PS-3556-08/JVP, Engineering Study and Design Services for SR 419-Snow Hill Road to the Orange County Line, stating he wants to make sure the citizens’ input is incorporated during the design as they were told.

Jerry McCollum, County Engineer, addressed the Board to state those issues will be addressed extensively.

Chairman Carey stated she is sure the public will want to address continuing the four-laning through the County’s rural areas.

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

County Manager’s Office

6. Approve and authorize the Chairman to execute Contract, as shown on page _______, between Seminole County Government and Seminole County Professional Firefighters, Local 3254.

7. Adoption of appropriate Resolution #2008-R-236, as shown on page _______, amending the Seminole County Administrative Code to move the functions and job responsibilities of the Community Redevelopment Area from Section 16, Economic Development Department, to Section 30, Planning and Development Department.

Administrative Services

Purchasing and Contracts

8. Assignment, as shown on page _______, of IFB-3092-04/JVP, Term Contract for EMS Supplies and Minor Equipment, from Tri-Anim Healthcare Services to Bound Tree Medical, LLC, Ohio.

9. Approve Change Order #2, as shown on page _______, to CC-2945-07/VFT with C & C Site Development, Inc. of Osteen, Florida, in the amount of $42,440.63, to provide for a second jack & bore which requires additional relocation of existing underground utilities including electric, telephone and a wastewater force main.

10. Approve Change Order #4, as shown on page _______, to CC-2167-07/BHJ with Prime Construction Group, Inc. of Orlando, Florida, in the amount of $92,846.18, to provide for conflict resolution with existing utilities, additional safety measures for the traveling public and a thirty-five (35) day increase to final completion.

11. Approve ranking list and authorize staff to negotiate rates for PS-3556-08/JVP, Engineering Study and Design Services for SR 419-Snow Hill Road, to the Orange County Line with Professional Engineering Consultants, Orlando, Florida (estimated usage amount of $1,400,000.00 over the term of the agreement).

Support Services

12. Approve and authorize the Chairman to execute the Contract, as shown on page _______, for Sale and Purchase of Land for Parcel #18-21-30-503-ODOO-0020, a vacant lot consisting of a total of .41 acre for a purchase price of $88,000.00, owned by Willie and Burney Stevens, 714 West 109th Place, Los Angeles, CA 90044. This property is to be used as part of the Anchor Road Drainage Improvement Project (CIP #2091-02).

13. Approve and authorize the Chairman to execute the Contract, as shown on page _______, for Sale and Purchase of Land for Parcel #18-21-30-504-0B00-0010, a vacant lot consisting of a total of .65 acre for the purchase price of $153,500.00, owned by Kathleen E. House, Personal Representative for the Estate of Margaret Solomon, 4190 Lake Harney Circle, Geneva, FL 32732. This property is to be used as part of the Anchor Road Drainage Improvement Project (CIP #2091-02).

14. Approve and authorize the Chairman to execute the Contract, as shown on page _______, for Sale and Purchase of Land for vacant Lots 83 and 84 of Parcel #31-19-30-502-0000-0770, owned by Torben and Rebecca Abbott, 118 Crown Oaks Way, Longwood, FL 32779 for a purchase price of $94,000.00, to be used as part of the Markham Water Treatment Plant Expansion Project (CIP #216701).

Community Services

Community Assistance

15. Authorize Community Assistance Division and the Affordable Housing Advisory Committee (AHAC) staff to advertise and conduct a public hearing on Monday, November 10, 2008 to solicit and obtain public comment on the recommendations of the AHAC.

16. Approve and authorize the Chairman to execute the Satisfactions, as shown on page _______, of Second Mortgage for the following households assisted under the County's Home Ownership Assistance Program or the Emergency Repair Housing Program: Angela L. Caro; Edna L. Matipano; Mary E. McMillan; Allison Mitchell and Louthenia Mitchell; Anna Miller; Sally Mims; Elnora M. Peterson; Irene Posley; Collie Redden and Ida Bell Redden; Ernest Scott and Frances Scott; Amanda Stokes; Fannie Mae Watkins; Carrie Wicks and Billy R. Lock; Aaron Williams and Inez Williams; Henry Williams; Juanita Williams; Mauddie Mae Williams; Evelyn Woods; Annie Wright; and Betty Jean Upson.

Economic Development

Operations

17. Pulled from the agenda the request to adopt a Resolution approving the issuance of industrial development revenue bonds not to exceed $65,000,000.00 for the purpose of financing the acquisition, construction, renovation, improvement and equipping of social service and education centers. Also pulled from the agenda the request to approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and the Orange County Industrial Development Authority.

18. Approve and authorize the Chairman to execute Pledge Commitment, as shown on page _______, to the Seminole Community College (SCC) Foundation in the amount of $150,000.00 for services provided through the Small Business Development Center and the Seminole Technology Business Incubation Center located at the Port of Sanford.

Tourism Development

19. Authorize scheduling and advertising of two (2) Public Hearings: First Public Hearing to be held on November 18, 2008 and the Second Public Hearing to be held on December 9, 2008 for proposed Ordinances amending Seminole County Code authorizing an additional two percent (2%) tourist development tax; authorize waiver of Economic Impact Statement delineating the fiscal impact on citizens as a result of the proposed Ordinance.

Environmental Services

Business Office

20. Approve the Release of the original Water and Sewer Cash Maintenance Bond with Escrow Agreement in the amount of $3,500.00 for the project known as 1-4 Industrial Park, Lot 3 (Life Gas).

Fiscal Services

Administration

21. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, between the Florida Division of Emergency Management and Seminole County in acceptance of $98,726.00 in funds through their EMPA Base Grant Program.

Budget

22. Approve and authorize the Chairman to execute Resolution #2008-R-237, as shown on page _______, implementing Budget Amendment Request (BAR) #09-03 through the Public Safety Grants Fund in the amount of $21,507.00 to increase funding for the Emergency Management Performance Grant program.

23. Approve and authorize the Chairman to execute Resolution #2008-R-238, as shown on page _______, implementing Budget Amendment Request (BAR) #09-04 (FY 2008/09) through the Water & Sewer Bonds, Series 2006 fund, in the amount of $1,250,000.00 in order to create and fund CIP 00283001W (Aloma Ave./SR 436-Red Bug Road Flyover Force Main Relocation) project.

MSBU

24. Approve and authorize the Chairman to execute the Satisfaction, as shown on page _______, of Lien for the property located at 1041 Twin Lakes Road, Longwood, for which the Lake Myrtle Restoration MSBU assessment has been received in full; Jenifer M. Hillis, owner.

Leisure Services

Greenways and Natural Lands

25. Approve the naming of the County’s Natural Land property presently known as the Crockett property as the "Lake Harney Wilderness Area."

26. Approve and authorize the Chairman to execute the Contract Renewal, as shown on page _______, as prepared by the Florida Department of Transportation (FDOT), for Memorandum of Agreement No. AOH61 allowing for enhanced landscape maintenance provided by Seminole County with reimbursement by FDOT at the S.R. 17-92/I-4 on/off ramps.

Library Services

Administration

27. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, between Seminole County and United Arts of Central Florida, Inc. in the amount of $127,694.00 reflecting $.30 per capita funding approved by the Board of County Commissioners as part of the 2008/09 budget.

Planning and Development

Development Review

28. Approve and authorize the Chairman to execute the final plat for Terracina at Lake Forest Second Amendment, containing 27 townhome lots on a 13.92 acre parcel zoned PUD (Planned Unit Development), located on the north side of SR 46 at the intersection of International Parkway, and approximately a 1 1/4 miles west of 1-4, in Section 30, Township 19 S, Range 30 E (Taylor Morrison of Florida, Inc., applicant).

Planning

29. Approve and authorize the Chairman to execute the Seminole County/MetroPlan Orlando (Urban Area Metropolitan Planning Organization) FY 2008-2009 Funding Agreement, as shown on page _______, in the amount of $205,805.00.

Public Safety

Administration

30. Approve and authorize the Chairman to execute the Amendment, as shown on page _______, to the Cooperative Agreement between the Department of Agriculture and Consumer Services, Division of Forestry, and Seminole County, Contract No. 1938.

Public Works

Roads-Stormwater

31. Approve and authorize the Chairman to execute the second five-year Joint Participation Agreement (JPA), as shown on page _______, between FDOT-District 5 and Seminole County to provide funding to Seminole County for National Pollutant Discharge Elimination System (NPDES) Permit compliance.

Districts 1, 2, 4 and 5 voted AYE.

County Attorney's Consent Agenda

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

Litigation

32. Approve proposed pre-trial settlement relating to Parcel Number 123 (Robinson property) on the County Road 15 road improvement project. The proposed settlement is at the total sum of $169,928.25 inclusive of all compensation to the owner, attorney fees of any kind, all costs, interest, and any other matter for which Seminole County might be obligated to pay relating to this parcel.

33. Approve proposed mediated settlement relating to Parcel Number 111 (Waddle property) on the County Road 15 road improvement project in the amount of $70,000.00 inclusive of all compensation to the owners, attorney fees, statutory interest and all costs except for the appraiser’s fee.

Property Acquisition

34. Execute Subordination of Utility Interest Agreement (Parcel Numbers 100B, 130, and 145A/145B/745), as shown on page _______, between Seminole County and Florida Power & Light Company, in conjunction with the County Road 15 road improvement project.

Districts 1, 2, 4 and 5 voted AYE.

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Mr. McMillan advised that his office is now required to present to the Board of County Commissioners in a public hearing the results of the mediation for the TBCom case. If the Board has no objections, he will schedule that for the next Board meeting (November 18, 2008) as a public hearing in the afternoon. Anyone will have the opportunity to speak at that time.

Motion by Commissioner Henley, seconded by Commissioner McLean, to schedule and advertise a public hearing on November 18, 2008, on the cell tower (TBCom) issue at 1:30 p.m., or as soon thereafter as possible.

Districts 1, 2, 4 and 5 voted AYE.

Constitutional Officers’ Consent Agenda

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

Clerk’s Office

35. Approval of Expenditure Approval Lists, as shown on page _______, dated September 22, 29 & October 6, 2008; and Payroll Approval List, as shown on page _______, dated October 2, 2008; BCC Minutes dated September 23, 2008; and noting, for information only, the following Clerk's "received and filed":

1. Assistant & Associate Tennis Pro Agreement, as shown on page _______, with Chelsea Maratta.

2. Parks Contract, as shown on page _______, for Services with Tracy Morgan.

3. Close-out Documents, as shown on page _______, for CC-2546-07.

4. Amendment #2, as shown on page _______, to M-3540-DRR.

5. W.O. #14, as shown on page _______, to CC-1284-06.

6. Amendment #1, as shown on page _______, to W.O. #28 to PS-1529-06.

7. Close-out of W.O. #8, as shown on page _______, to CC-1284-06.

8. Amendment #2, as shown on page _______, to W.O. #1 to RFP-0996-06.

9. W.O. #39, as shown on page _______, to PS-1074-06.

10. W.O. #9, as shown on page _______, to CC-2190-07.

11. First Amendment, as shown on page _______, to Consultant Services Agreement (PS-5150-03).

12. W.O. #11, as shown on page _______, to C.O. #1 to CC-1284-06.

13. Amendment #1, as shown on page _______, to M-3164-08.

14. Amendment #1, as shown on page _______, to M-3165-08.

15. W.O. #43, as shown on page _______, to PS-1529-06.

16. Amendment #2, as shown on page _______, to W.O. #63 to PS-5150-03.

17. W.O. #42, as shown on page _______, to PS-1529-06.

18. Amendment #2, as shown on page _______, to W.O. #13 to PS-5190-05.

19. Amendment #3, as shown on page _______, to RFP-0613-06.

20. C.O. #2, as shown on page _______, to RFP-0613-06.

21. W.O. #40, as shown on page _______, to PS-1074-06.

22. Parks Contracts, as shown on page _______, for Services with Michael Zambito and Hugh Collins.

23. W.O. #2, as shown on page _______, to PS-2404-07.

24. C.O. #1, as shown on page _______, to CC-2945-07.

25. Basic Agreement #M-3939-08, as shown on page _______.

26. Second Amendment, as shown on page _______, to RFP-4114-01.

27. Close-out Documents, as shown on page _______, for CC-3371-08.

28. W.O. #21, as shown on page _______, to PS-1501-06.

29. Copy of Order Suspending Tariffs from the PSC re: Petition for waiver of rules by Progress Energy Florida.

30. Copy of Order Approving Amended Tariffs and Interconnection Agreement from the PSC re: Tampa Electric Co., Progress Energy Florida, Gulf Power Co., FP&L, and Florida Public Utilities Co.

31. Clerk of Circuit Court Amended Budget, as shown on page _______, for FY 2007-2008.

32. Copy of Memorandum to Denes Balo, Director of Clerk’s Finance, acknowledging receipt of the Clerk’s Amended Budget for FY 2007-2008.

33. Copy of Memorandum to County Manager, Cindy Coto, from Sandy McCann, Commission Records, dated October 3, 2008, re: Outstanding BCC documents.

34. Copy of Memorandum to Liz Parkhurst, Planning, from Sandy McCann, Commission Records, dated October 3, 2008, re: missing P&D documents.

35. Audit of the Alternative Fee Rate Studies conducted by the Clerk of the Circuit Court.

36. Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for Heathrow 3, LLC – Colonial Properties.

37. Conditional Utility Agreement, as shown on page _______, for water with St. Petka Serbian Orthodox Church.

38. Acceptance Letter and Bill of Sale, as shown on page _______, for water and sewer in I-4 Industrial Park 5th and 6th Sections.

39. Parks Contracts, as shown on page _______, for the following: Tonya Abbott, Joe Amante, Julie Boop, Mike Bozeman, David Kulka, John Moffitt, Terry Myers, Cindy Nelson, Steve Nelson, Duane Smith, David Sweet, Keith Thrasher, and Max Wilkes.

40. CC-3458-08 Construction Services Agreement, as shown on page _______.

41. Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Lake Mary Senior Living, LLC – Lake Mary Senior Village.

42. Utility Agreements, as shown on page _______, for water and sewer for The Institute of Internal Auditors, Inc.

43. Conditional Utility Agreements, as shown on page _______, for Potable and Reclaimed Water & Sewer Service for Alaqua Investments, Inc./Deer Lake.

44. Development Order #08-30000083, as shown on page _______, for Eve Carrington (Administrative Variance).

45. Development Order #08-38000003, as shown on page _______, for David & Charlotte Roberts (Waiver).

46. D.O.’s, as shown on page _______, from the Board of Adjustment Meeting June 23, 2008 as follows: #08-3000053, Rafeal Sanchez Pabon; #08-3000052, Wanda Melendez; #08-30000050, Michael Gallagher; #08-30000049, Dean Campbell; #08-3000048, Brian M. Hiler; #08-3000043, Mark Ruff; #08-3000046, Steven DeLoach; #05-3000045, Gilford Washington; #08-3000042, Terry Co, Jr.; #08-3000041, Leslie & Donna Martin; and #08-32000004, Mufid Habib.

47. Letter of Credit #3156, as shown on page _______, for the Burke, Hogue & Mills Office Building in the amount of $963.99.

48. Development Order #07-22000011, as shown on page _______, for C.A. Stone West PUD Rezone, approved by the BCC on June 24, 2008.

49. Development Order #07-22000010, as shown on page _______, for C.A. Stone East PUD Rezone, approved by the BCC on June 24, 2008.

50. Right-of-way Maintenance Bond, as shown on page _______, for Cornerstone Church in the amount of $18,555.

51. Addendum #18, as shown on page _______, for the Wekiva Golf Club Townhomes, D.O. #08-20500007, as approved by the Planning Manager.

52. Revised & Restated Comfort Rooms PUD Development Order, as shown on page _______.

53. D.O.’s, as shown on page _______, for the Board of Adjustment Meeting on September 22, 2008 as follows: #08-3200012, John Bush; #08-3200009, SS Oviedo Crossroads II LLC; #08-30000079, Dennis & Mary Dixon; #08-30000078, David & Charlotte Roberts; #08-30000077, John Gumula; #08-30000076, Bruce & Ruth Rhea; #08-30000075, Regina Gross; #08-30000074, Paul & Marcia Hanover; #08-30000073, Freddie M. Morris & James Morris & Chasity Ferguson; #08-32000011, Lake Mary Fla. Congregation of Jehovah’s Witnesses.

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

55. Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Kopez Investments, LLC – Little Pros Day Care.

56. Bill of Sale, as shown on page _______, for water for the Burke Hogue & Mills Office Bldg.

57. Bids as follows: 600513-08; CC-3458-08; CC-3705-08; CC-3631-08; Presentation Documents for RFP-600453-08; and CD & Bid package for CC-3709-08.

Sheriff's Office

36. Approval of the Budget Amendment Resolution #2008-R-239, as shown on page _______, (BAR #09-05) re-budgeting $841,187.00 in prior year unexpended grant funds to the Sheriff’s Office FY 2008/09 budget.

Districts 1, 2, 4 and 5 voted AYE.

COUNTY ATTORNEY’S BRIEFING

Commissioner Henley said he had asked Mr. McMillan to look into a situation in Longwood at the Dog Track. He said he had citizen calls concerning the expansion of gambling. He understands there is a proposed purchase of land in order to build a larger card room. He asked how that relates to the referendum passed about gambling. As he recalls, the city of Longwood was a part of the referendum. He was told this is legalized gambling. He asked Mr. McMillan what he was able to find out.

Mr. McMillan said he had not done any investigation into what the city of Longwood has done. He said the Charter Amendment gave the authority to the people to prohibit any gambling activities not legal at the time of adoption of the charter amendment, unless it was a legalized form of gambling and legal in the state at the time in 1996. The Charter was designed so if there were future amendments to the Constitution legalizing any gambling, that could not be legal in Seminole County unless the voters by referendum were to authorize such gambling activities. This was county-wide and applied to both the County and municipal offices and officers. He thought all the cities supported the charter amendment when it was put on the ballot. He further advised Commissioner Henley that the Charter says there can’t be a card room. It authorizes the city to authorize in the city, but the Charter prohibits cities from approving such legislation. He said action by the Legislature should not preempt local action.

Commissioner Henley said he thinks it would be appropriate to send a letter to the Longwood Council Chairman or City Manager.

Mr. McMillan said he could send a letter to the Longwood City Attorney. He said the City Attorney might not realize there is a County charter provision that applies.

Chairman Carey stated the consensus of the Board is to instruct the County Attorney to contact the Longwood City Attorney and make him aware of the Charter amendment.

COUNTY MANAGER’S BRIEFING

Ms. Coto advised the Board that the Budget Amendment Status Report FY 2007/08 is presented for information only. She said there was one additional transaction for the month.

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Ms. Coto said she received a request for a status update on boat ramps. Mr. Bryan Nipe is present to give a brief overview and talk about the process the County is going through.

Bryan Nipe, Leisure Services, addressed the Board to state he has been working with Risk Management and the Sheriff on a daily basis to ensure they can open the boat ramps as soon as possible. He showed pictures (received and filed) of the boat ramps at the following locations: Lake Jesup Park and Mr. Nipe said this is the only one opened up so far (at the end of Sanford Avenue); Cameron Wight Park, C. S. Lee Park, Mullet Lake Park and Lake Monroe Wayside Park where the ramps are still under too much water. He said staff is checking these four ramps daily.

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Ms. Coto stated there have been a couple of legislative issues that have come up within the last week and she asked Assistant County Manager Sabrina O’Bryan to give the Board some information on those.

ACM Sabrina O’Bryan addressed the Board to state there is pending for the 2009 Legislative Session from the Fish and Wildlife (Game) Commission regarding law enforcement and Correctional Probation Officers’ death benefits. The proposed preemptive measures would restrict some of the County’s ability to regulate its local vessels in the waterways. They are proposing any ordinance the County passes moving forward would require the Fish and Game Commission’s approval. She is working with the County Attorney’s Office for a review and opinion on that. She has submitted the County’s initial concerns to the Florida Association of Counties on specifically how long it would take for the Fish and Wildlife Commission to review the County’s ordinances and what the procedure would be to reconcile the differences if they are not in agreement. She said the Sheriff’s Office has reviewed this item (Sections 7, 11, 12 and 13) and said they don’t have a huge concern but referred her to the city of Sanford. She spoke with the Sanford City Manager yesterday, and he is reviewing it to see if it would have an impact on the Sanford Police Department. This would require an additional mailing for the County. She said she doesn’t see any other unfunded mandate from this, but Deputy County Attorney Susan Dietrich is looking for any other unfunded mandates.

Chairman Carey stated she is sure FAC and the Florida League of Cities may want to join together to make it a statewide issue if this is something that will affect all the counties and cities.

Ms. O’Bryan said she will make sure to communicate to the Board on any changes.

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Ms. O’Bryan reported on the TABOR amendment that did not make it last year from the Taxation and Budget Reform Commission. She said there is a separate group, the National Federation of Independent Businesses, that has launched again an attempt to get this on the ballot for November, 2010. She stated Colorado adopted TABOR in 1992 but suspended that effort in 2005 because of the detrimental impacts it had on their economy. She said she will keep a close eye on this and communicate back to the Board.

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Ms. O’Bryan further advised that on November 18, she will bring back the 2009 legislative funding priorities for the Board’s review and potential approval.

CHAIRMAN’S REPORT

Chairman Carey stated she has been working with Joe Forte, Deputy County Manager, on a Code Enforcement issue. Her office was contacted because there is a property in her district that has a code violation on it and it is on the list for foreclosure. Although the property is not on the sale list, there is a willing buyer and seller on a short sale. The property has a lien on it. Upon looking into the situation, she said there are three or four similar situations going on now. She stated the problem is how long it takes to get through the agenda process. If there is a willing buyer and seller and in a desperate situation, that is an awful lot of time. She asked Mr. Forte to talk about the overall issue and this particular case.

DCM Joe Forte addressed the Board to state the overall issue is that it takes six to eight weeks from the time a property is brought into compliance to come to the Board to have the lien satisfied, reduced or removed. With a willing buyer and seller, the time frame is typically 30 days when the bank will want you to go to closing. Sometimes that interferes with getting the lien reduced. There is now a current situation where there is a willing buyer and lender on a short sale and the closing is for this afternoon. The property has an outstanding lien with Code Enforcement that, as of today, has been brought into compliance. This was brought to his attention a week ago Thursday, and he did not have a lot of time for the processing to bring this before the Board. He said the property was brought into compliance yesterday. He said he didn’t see any representatives of the property present today, and his position is not to defend the property, but to answer any questions.

Commissioner Henley asked if this is bypassing their procedures.

Chairman Carey said it would be because the item was not on the agenda for today.

Ms. Coto said her concern is there are three or four properties in similar situations. She has talked with Chairman Carey and they understand they probably need to work with the Sheriff’s Office to see if they can expedite cases to get them on the agenda, but they need to assure they deal with all of them equally.

Commissioner Henley explained why he does not sympathize with the banks in these situations. He discussed a property in his district and said the property is just sitting. The people in the neighborhood are not happy and the County does not have the right or resources to go in and clean up these type situations in the neighborhoods.

Mr. McMillan said maybe the Board would like to adopt a revised policy specifically dealing with short sales.

Commissioner Henley said in view of his discussion with some of the Code Enforcement personnel, there are certain circumstances where they could use volunteers to go on the property, but they don’t always have the funds for improvements. He said sometimes there are costs involved and the County has not been budgeting a sufficient amount for that. He would like the Board to give consideration to earmarking some of the fines for that purpose in order to help clean up the neighborhoods without the Board having to hit the taxpayers. That would cause them not to be so generous in waiving all the fines in order to make sure they have enough money to make repairs in the neighborhoods.

Chairman Carey said in those particular instances of a public safety, the Board should give a short notice to comply and if the owner doesn’t, staff should move forward to bring compliance and not be willing to waive the fine. If they could come up with some process to expedite things so those short sales don’t fall through the cracks because of the short window of time they have. She thinks having a discussion with the Code Enforcement Board to say they need to tighten up the time line would help. With the pool security issue, if they have a situation where it is not secured, the staff should be out there putting up a fence and use the funds from the fines or whatever to do that. In order for them to do that, it requires the Board to look at the process. Discussion continued.

Mr. Forte advised the Board of the information he has about this case. He showed four pictures (received and filed) of the subject property showing the pool structure. He added that currently there is an $84,000 lien on the property.

Debbi Leigh, Senior Code Enforcement Officer, addressed the Board to give an update. She advised this case was expedited through the Code Enforcement Board’s process. She gave a short period of time to correct the situation because of the dangerous situation. The CEB also gave a short period of time for compliance. She said it wasn’t until this came for a sale that action was finally taken to put up the chain link fence that was suggested from day one. The fence is up now and it is a proper fence.

John Pavo addressed the Board to state he is the brother of the original person who bought the property with the intention of moving to Florida. However, he had a tragedy in the family and had to go back to Massachusetts. He said his brother is still the owner, and the whole problem with this has been the money and his brother doesn’t have any. He told of his efforts to put up a fence twice and to cover the pool. He advised the Board that 20 feet behind the pool is a pond with no fence and that needs to be addressed also.

Commissioners Henley and Dallari discussed with Mr. Pavo about the sale of the house.

Chairman Carey said the goal at the end of the day is to get somebody to live in this house and not have it sitting and vacant causing issues in the neighborhood.

Commissioner Henley said he is concerned about setting precedence. He thinks it has got to stop about everybody getting forgiveness of liens. It’s not helping people pay serious attention to the County codes.

Commissioner McLean stated he agrees with respect to giving 10 days and then go in and fix the problem, because the fine is not solving the problem. The way to send the message is for the County to take care of the issue. If not, they will sit with situations like this one and ones after this. This is if they have those types of emergency situations so they are on solid legal grounds.

Mr. McMillan advised since the Code Enforcement process is over, the Board can deal with the lien as they choose. The only issue about this afternoon’s closing is whether they can get a satisfaction executed and filed in time for the closing. He also discussed the issue that the foreclosure is pending. Discussion ensued.

Commissioner Dallari said the issue he has is trying to pick a dollar figure to reduce the amount to. He would like to see something in writing, and the Board does not have any of that. He’s thinking about 50% as the number.

Commissioner McLean said he would have a difficult time picking a number because what are they going to base it on.

Chairman Carey asked Mr. Forte to put the numbers together on an amount. She thinks maybe the thing to do is to let the paper process of the owner submitting a request for settling this, and talk to the bank and buyer and get this on the November agenda. She thinks there are others in the same situation and she would like to see them brought forward in November; otherwise, these people may be ending up without a willing buyer. She agrees that closings can get moved. She wants the County to get more proactive on these situations.

Mr. McMillan advised Mr. Forte of the official documents needed.

Commissioner Dallari said he wants to make sure they are putting an actual person in this home.

Chairman Carey said she thinks it is important to try to get the documents as soon as possible. For the other two or three cases, get the owners to come with all the necessary documents and the Board will hear all those in November.

Mr. Forte clarified that they are only going to address the ones with a pending contract for sale.

Upon inquiry by Commissioner Henley, Mr. McMillan said he will review the authority of a bank to do an eviction and not a foreclosure and will report back to the Board.

Chairman Carey said maybe staff can bring information back to address that situation also.

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Chairman Carey stated on October 16, the President signed a measure that called for ushering in a new era of transportation. It established a national high speed passenger rail service. She reviewed the new law and what it provides and requires. Two of the most significant corridors identified were the southeast United States and the Florida Corridor. She further advised that on October 17, MetroPlan had a Finance Committee meeting. One of the recommendations is to form a nine member Financial Task Force to look at dedicated funding sources. This would include Volusia County and the city of Orlando. One of the things the Committee agreed on was to continue to focus on the charter county transit surtax and the optional car rental surcharge. She said she wants to make sure those two stay on the top of the legislative priority list.

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Chairman Carey reminded the Board that on October 30, the roast for Commissioner Henley will be held and tickets are still available. The funds will go to the Carlton Henley Scholarship and Wayne Densch Performing Arts Center.

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Chairman Carey said this Friday is Halloween, and the city of Sanford will have activities and a costume contest. The city of Altamonte Springs will hold its 13^th annual event at Cranes Roost Park.

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Chairman Carey announced that this weekend is the 22^nd annual Lake Mary-Heathrow Art Festival in the park at Colonial Town Park. She also reminded everyone that Veterans Day is November 11 and the parade in downtown Sanford will be held on November 8.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated October 8, 2008 from Cindy Dyer, Director, Office on Violence Against Women, to Chairman Brenda Carey re: Safe Havens: Supervised Visitation and Safe Exchange Grants Program Application No. 2008-X0778-FL-CW.

2. Letter dated October 13, 2008 from Jeanne Gold, Executive Director, SafeHouse of Seminole, to Seminole County Board of County Commissioners re: Lease of Real Property to Seminole County Victims' Rights Coalition, dba SafeHouse of Seminole.

3. Notices of voluntary annexation dated October 13, 2008 from the City of Casselberry to Ms. Cynthia Coto, County Manager, re: various properties.

4. Copy of letter dated October 14, 2008 from the Seminole County Board of County Commissioners to Governor Charlie Crist re: support for Commuter Rail project.

5. Copy of letter dated October 16, 2008 from Kirby Green, SJRWMD, to Peggy Thomas, President, Friends of the Wekiva River, re: St. Johns River Water Management District Water Conservation Program.

6. Letter received October 16, 2008 from Gloria Wade, Animal Welfare Alliance, to Seminole County Commissioners, Public Safety Director, Animal Control Manager, and Animal Control Advisory Board.

7. Letter dated October 17, 2008 from the City of Sanford to Seminole County Board of County Commissioners re: Annexation Ordinance No. 4138.

8. Letter dated October 17, 2008 from Mike McDaniel, Department of Community Affairs, to Chairman Brenda Carey re: review of the proposed Comprehensive Plan amendment for Seminole County (DCA No. 08-2ER).

9. Letter dated October 20, 2008 from Lake Mary Jane Alliance, Orlando Regional Realtor Assoc., Orange Audubon Society, SOS Whippoorwill Hart Alliance, and NorthShore Alliance, to Seminole County Board of County Commissioners re: upcoming vote to change the Orange County Comp Plan and expand urban service area.

10. Notice received October 21, 2008 from Orange County to Seminole County Board of County Commissioners re: Community meeting and public hearing notice.

11. Copy of memorandum dated October 24, 2008 from Assistant County Attorney, Matthew Minter, to Cindy Coto re: Scope of Coverage, Seminole County Government/Blue Options Group.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Dallari stated he did his review of the Econ basin with the St. Johns River Water Management District. They will look at Lake Pickett as soon as possible. He had a discussion with the Public Works Director to look at the Orange County situation. Staff is going to the DRI meeting for the Riebold property.

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Commissioner Dallari stated he has a request regarding the Deer Run vacate of right-of-way. Deer Run has a sign and with widening of the road, they had to take it down because a vehicle ran into it. The sign that was put up is in the right-of-way. Staff has worked out a solution where the County could vacate the area under the sign. They are requesting the Board to waive some of the fees for the application.

Motion by Commissioner Dallari, seconded by Commissioner McLean, to waive the fees for a vacate up to $1,500 for the Deer Run sign on Red Bug Lake Road.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Dallari stated he had spoken to staff about the Lake Howell boat ramp.

Gary Johnson, Public Works Director, addressed the Board to state staff is corresponding with the St. Johns River Water Management District and he has responded that the boat ramp is at the option of Seminole County. The District is interested in having public access to the property which can be provided without the boat ramp. He advised Commissioner Dallari that the improvements to the roadway and ramp would cost in the range of $60,000 to $80,000.

Commissioner Henley said there is also state money available for a boat ramp.

Ms. Coto stated there are boater improvement fund dollars, but she doesn’t know how much money is available now.

Commissioner Dallari asked if the Board opts to move the boat ramp, would they have to hold a public hearing.

Mr. McMillan stated not under these circumstances.

Motion by Commissioner Dallari, seconded by Commissioner McLean, to remove the Lake Howell boat ramp from the design and permit, as $80,000 would be excessive to spend at this time.

Commissioner Henley stated he would not support the motion as the boat ramp could be on the list for later. He suggested putting the boat ramp on the list so the money could come out of the boat ramp fund when available.

Districts 1, 2, 4 and 5 voted AYE.

Motion by Commissioner Dallari, seconded by Commissioner McLean, to put the Lake Howell boat ramp on the future project list to be done at a later time using money from the boat ramp fund, if and when it becomes available.

Under discussion, Chairman Carey clarified if funding becomes available, because this is on the list with other projects.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner McLean stated he and Commissioner Dallari attended the ribbon-cutting of the Winter Springs Chamber, and this went really well.

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Commissioner McLean said Mayor Bush invited him to the Hometown Harvest and he was pleased to see an estimated 4,000 to 5,000 people at this event.

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Commissioner McLean said he had the opportunity to speak at the Home Builders Association meeting this month. They are looking forward to what the election may bring.

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Commissioner McLean said over the weekend, he had the opportunity to go to “Howl for the Arts.” A fundraiser was held at the Harley-Davidson dealership in Sanford. He showed one of the items he purchased, which was a mask done by David Johnson, Property Appraiser.

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Commissioner Henley stated November 6 will be the first statewide meeting of the Florida Transportation Coalition, which he has been coordinating with Harry Barley. The meeting will be at MetroPlan.

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Commissioner Henley advised the first real meeting of the committee established to look at the Lynx funding formula has been held. The committee is to come forward with suggestions for improvement of that.

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Commissioner Henley said he has concerns about the pre-tax 457 Plan. He thinks it is important to take a look at that. He thinks it is very unfair to the employees to provide that list of loser businesses to them. He said if you look at the last report over 1, 3, 5 years there is not a winner on it. That indicates you’re still losing money. He thinks it is important for the Board to explore other avenues to provide better opportunities for them to find options to be successful and earn some money. He would like to explore using that money to purchase the County’s bonds. He doesn’t know if it is possible or not. He said perhaps Mr. Hooper can give an annual report.

Ms. Coto said staff has not had the annual meeting on this.

Commissioner Henley stated they went out a few years ago for an RFP and, as a result, were able to get the fees cut. He thinks they owe it to the employees to look to see if they can find a better option. He asked the Board if Mr. McMillan could explore what options the Board has to make that change.

Commissioner McLean said he thinks it makes sense for them to occasionally see what the market has.

Chairman Carey asked Ms. O’Bryan to put this on the list for the Legislative agenda.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:40 a.m., this same date.

ATTEST_______________________Clerk_____________________Chairman