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APPROVED BY ORANGE COUNTY BOARD OF. COUNTY COMMISSIONERS DEC 0 3 2013 CAs/AJf

ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS' MEETING

Date: Tuesday, October 22, 2013 Location: Commission Chambers, Orange County Administration Center, First Floor, 201 S. Rosalind Avenue, Orlando, Members Present: County Mayor Teresa Jacobs; Commissioners S. Scott Boyd, Fred Brummer, Pete Clarke, Jennifer Thompson, Ted Edwards, Tiffany Moore Russell Others Present: County Comptroller Martha Haynie as Clerk, County Administrator Ajit Lalchandani, County Attorney Jeffrey J. Newton, Deputy Clerk Katie Smith, Documents Coordinator Kathy Heard

• CALL TO ORDER, 9:09a.m.

• INVOCATION- Pastor DavidS. Jacques, The Kingdom Church

• PLEDGE OF ALLEGIANCE

• PRESENTATION Proclamation designating October 23 through October 31, 2013 as Red Ribbon Week

• PRESENTATION Proclamation designating November 2 through November 9, 2013 as Week of the Family

• PUBLIC COMMENT

The following person addressed the Board for public comment: Shannon Hoagland.

•COUNTYCONSENTAGENDA

Motion/Second: Commissioners Clarke/Boyd AYE (voice vote): All members Action: The Board deleted Administrative Services Department Consent Item 4; and further, approved the balance of the County Consent Agenda items as follows:

County Comptroller

1. Approval of the minutes of the September 5, 10, 19 and 24, 2013, meetings of the Board of County Commissioners. (Clerk's Office)

2. Approval of the check register authorizing the most recently disbursed County funds, having been certified that same had not been drawn on overexpended accounts. Periods are as follows:

October 22, 2013 page 1 of 18 - October4, 2013, to October 10, 2013; total of$22,883,109.21 -October 11,2013, to October 17, 2013; total of$28,495,742.76.

(Finance/Accounting)

3. Disposition of Tangible Personal Property (Property/Accounting)

Approval is requested of the following:

a. Cannibalize asset, abandon in place and allow contractor to dispose of remaining components.

b. Trade in asset for a $3,853 allowance towards the purchase of refurbished printer as part of swap-out program.

County Administrator

1. Receipt and filing of the minutes received by the Agenda Development Office of various advisory board meetings for the official Board record. (Agenda Development Office)

2. Approval of a) Orange County, Florida and Economic Development Commission of Mid-Florida, Inc. Master Agreement for Fiscal Year 2013-2014 and authorization to disburse $617,617 as provided in the FY 2013-14 adopted budget; and b) Orange County, Florida and Economic Development Commission of Mid-Florida, Inc. Agreement Related to an Industrial Development Authority Fiscal Year 2013-2014. (Office of Economic, Trade and Tourism Development)

3. Approval to disburse CRA funds totaling $21,392,847 to Orange County's 15 Community Redevelopment Agencies. (Office of Management and Budget)

4. Approval to disburse payment for the Florida Association of Counties (FAC) membership fee totaling $109,273 as provided in the FY 2013-14 adopted budget. (Office of Management and Budget)

5. Approval of budget amendment #14-01. (Office of Management and Budget)

6. Approval of payment of Intergovernmental claims of August 8, 2013, August 29, 2013, and September 12, 2013, September 26, 2013, in the total amount of $1 ,262,264.50. (Risk Management Division)

Administrative Services Department

1. Approval of Change Order No.3, Contract No.Y13-739, with Construct Co., Inc. in the amount of $2,689, for the East State Road 50 Boat Ramp construction project.

October 22, 2013 page 2 of 18 ------

The revised lump sum contract amount will be $565,551.76. (Capital Projects Division)

2. Approval to award Invitation for Bids Y14-101-DG, Repair of Synthetic Liners at the Landfill, to the sole responsive and responsible bidder, Comanco Environmental Corporation, in the estimated contract award amount of $235,500 for a period of twelve months. Further, authorized the Purchasing and Contracts Division to renew the contract for four additional twelve month periods. ([Utilities Department Solid Waste Division] Purchasing and Contracts Division)

3. Approval to award Invitation for Bids Y14-117-PD, Environmental Remediation Services, to the low responsive and responsible bidder, Simpson Environmental Services, Inc., for a 1-year term contract in the estimated contract award amount of $513,825. Further, authorized the Purchasing and Contracts Division to renew the contract for an additional four years. ([Office of Accountability Risk Management Division] Purchasing and Contracts Division)

4. Approval to award Invitation for Bids Y14-123-JS, Motor Oils and Lubricants, to the low responsive and responsible bidders, Palmdale Oil Company, Inc., Lot 1 for Motor Oil, Lubricants and Fluids, and Seaboard Distribution, Inc. dba Seaboard Neumann, Lot 2 for Heavy Truck, Heavy Equipment and Other Products for 1-year term contracts in the estimated annual contract award amounts of $230,098.45 and $313,415.45, respectively. ([Administrative Services Fleet Management Division] Purchasing and Contracts Division)

(This item was deleted.)

5. Approval to award Invitation for Bids Y13-7017-J2, Regency Industrial Park Culvert Improvements, to the low responsive and responsible bidder, Prime Construction Group, Inc., in the estimated contract award amount of $1,317,535. ([Public Works Department Highway Construction Division] Purchasing and Contracts Division)

6. Approval to award Invitation for Bids Y13-7046-PH, Pump Station No. F3167 Sea World Manhole Rehabilitation, to the low responsive and responsible bidder, Cathcart Construction Company, in the total contract award amount of $624,000. ([Utilities Department Engineering Division] Purchasing and Contracts Division)

7. Approval to award Invitation for Bids Y13-7052-PH, Lake Eve Pump Station No. 3541 Rehabilitation, to the low responsive and responsible bidder, RTD Construction, Inc., in the total contract award amount of $4,852,990. ([Utilities Department Engineering Division] Purchasing and Contracts Division)

8. Approval to award Invitation for Bids Y13-7053-PH, Western Regional Water Supply Facility Phase Ill A, to the low responsive and responsible bidder, PCL Construction, Inc., in the total contract award amount of $8,300,000. ([Utilities Department Engineering Division] Purchasing and Contracts Division)

October 22, 2013 page 3 of 18 ------

9. Approval to award Invitation for Bids Y13-7070-PH, Breezewood No. 3014, Lake Sparling 1 No. 3028 and Lake Sparling 2 No. 3202 Pump Station Improvements, to the low responsive and responsible bidder, Prime Construction Group, Inc., in the total contract award amount of $956,000. ([Utilities Department Engineering Division] Purchasing and Contracts Division)

10. Approval to award Invitation for Bids Y13-7082-SB, Orange County Convention Center External Wayfinding Signage Infrastructure Upgrade, to the sole responsive and responsible bidder, Cafe Construction & Development, Inc., in the total contract award amount of $375,500. ([Convention Center Capital Planning Division] Purchasing and Contracts Division)

11. Approval to award the Purchase of Handtevy Pediatric Boxes to Pediatric Emergency Standards, Inc., in the contract award amount of $177,910. ([Health Services Department] Purchasing and Contracts Division)

12. Approval of Contract Y14-2067-LC, Family Drug Court Substance Abuse Treatment and Case Management Program with The Center for Drug Free Living Inc. in the estimated contract award amount of $222,729 for a 1-year period. ([9th Circuit Court Drug Court Division] Purchasing and Contracts Division)

13. Approval of payment to Community, A Walgreens Pharmacy for Pharmaceutical Services rendered to Ryan White eligible HIV/AIDS consumers in the estimated amount of $500,000. ([Family Services Department] Purchasing and Contracts Division)

14. Approval and execution of Resolution and authorization to initiate condemnation proceedings for All American Boulevard (Forest City Road to Clarcona-Ocoee Road). District 2. (Real Estate Management Division)

15. Approval of Special Warranty Deed from Goldenrod & Valencia College, LLC to Orange County and authorization to perform all actions necessary and incidental to closing for WAWA@ Goldenrod Road (RAC). District 3. (Real Estate Management Division)

Community, Environmental and Development Services Department

1. Approval of Orange County, Florida, Resolutions Establishing Special Assessment Liens for Lot Cleaning Services and approval to record Special Assessment Liens on property cleaned by Orange County, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning. All Districts. (Code Enforcement Division)

LC 13-0986 LC 13-1288 LC 13-1013 LC 13-0310 LC 13-0918 LC 13-1086 LC 13-0858 LC 13-1014 LC 13-0682 LC 13-0920 LC 13-1089 LC 13-0889 LC 13-1076 LC 13-0762 LC 13-1008

October 22, 2013 page 4 of 18 ------

LC 13-1142 LC 13-0890 LC 13-1081 LC 13-0767 LC 13-1132 LC 13-1199 LC 13-0899 LC 13-1257 LC 13-0777 LC 13-1180 LC 13-1201 LC 13-0912 LC 13-1312 LC 13-0778 LC 13-1182 LC 13-1206 LC 13-0922 LC 13-0968 LC 13-0780 LC 13-1183 LC 13-1209 LC 13-0981 LC 13-1153 LC 13-0869 LC 13-1187

2. Approval of Resolution 2013-M-45 of the Orange County Board of County Commissioners regarding Orange County Procedures for Exempting Certain Residential Developments from School Concurrency. All Districts. (Concurrency Management Office)

3. Approval of DEP Agreement No. S0657 State of Florida Grant Agreement Pursuant to Line Item 1705 of the 2013-2014 General Appropriations Act between the State of Florida Department of Environmental Protection and Orange County Board of County Commissioners, Florida, in the amount of $45,001.74, relating to the regulation of major air permitting sources and authorization for the Community, Environmental and Development Services Department Deputy Director to make non-substantial amendments or amendments to the contract for additional service periods, subject to availability of funds from the Florida Department of Environmental Protection. All Districts. (Environmental Protection Division)

4. Approval of modified mitigation proposal of 0.57-acre preservation of off-site lands (Ljf Acquisitions LLC) in lieu of purchasing 0.22 credits from TM/Econ Mitigation Bank for Conservation Area Impact Permit Modification CAl 10-030; Lake Pickett Reserve LLC. District 5. (Environmental Protection Division)

5. Approval of Project Administration Agreements between Orange County and public service agencies utilizing Community Development Block Grant and Emergency Solutions Grant funds under Orange County's 2013-2014 Action Plan. All Districts. (Housing and Community Development Division)

Project Administration Agreements regarding Community Development Block Grant Program Fiscal Year 2013-2014 are between Orange County and the following agencies:

- Boys and Girls Clubs of Central Florida, Inc. - The Center for Drug Free Living, Inc. - Center for Independent Living in Central Florida, Inc. - Coalition for the Homeless of Central Florida, Inc. - Community Coordinated Care for Children, Inc. - Covenant House, Inc. - Harbor House of Central Florida - Health Care Center for the Homeless, Inc. - Jewish Family Services of Greater Orlando, Inc. - Life Concepts, Inc., dba Quest - Lighthouse Central Florida, Inc.

October 22, 2013 page 5 of 18 ------

- Primrose Center, Inc. - Seniors First, Inc. (Meals on Wheels) - Seniors First, Inc. (H.E.A.R.T. Program)

Project Administration Agreements regarding The Emergency Solutions Grant Program Fiscal Year 2013-2014 are between Orange County and the following agencies:

- Coalition for the Homeless of Central Florida, Inc. - Harbor House of Central Florida, Inc. - Family Promise of Greater Orlando, Inc. - Heart of Florida United Way, Inc.

6. Approval of Amended and Restated Affordable Housing Funding Agreement between Orange County, Florida, Homes In Partnership, Inc., and Hawthorne Village Corporation of Apopka. District 2. (Housing and Community Development Division)

(This item was reconsidered during the afternoon session.)

7. Approval of lnterlocal Agreement between Osceola County, Orange County and City of Kissimmee for the renaming of Boggy Creek Road. District 4. (Zoning Division)

Fire Rescue Department

1. Approval of 2012 Memorandum of Agreement (MOA) for participating Orlando/Orange Urban Area Security Initiative (UASI) Agencies between the Orange County Sheriffs Office (OCSO) and Orlando/Orange Urban Area (0/0UA) participants for Fiscal Year 2012 UASI Grant Project in the amount of $1,403,994. (Office of Emergency Management)

Health Services Department

1. Approval of Emergency Medical Services Agreement between Orange County, Florida and City of Winter Garden Fire Department for the transfer of equipment purchased and distributed to the agency from the 2011-12 C1048 EMS Grant Awards. There is no cost to the County. (EMS Office of the Medical Director)

2. Approval of the renewal Certificate of Public Convenience and Necessity for Falck Southeast II Corp d/b/a American Ambulance to provide Advanced Life Support Transport Service lnterfacility Transport. The term of this certificate is from August 1, 2013 through August 1, 2015. There is no cost to the County. (EMS Office of the Medical Director)

3. Approval of the Alternative Transportation Service License for A-1 Med Transportation Inc. to provide wheelchair/stretcher service. The term of this license

October 22, 2013 page 6 of 18 ~~- - ~~--~- ~~------

is from October 1, 2013 through October 1, 2015. There is no cost to the County. (EMS Office of the Medical Director)

Public Works Department

1. Authorization to record the plat of Collegiate Village Commercial Phase 2. District 5. (Development Engineering Division)

Utilities Department

1. Approval of Memorandum of Agreement between the City of St. Cloud, Tohopekaliga Water Authority, Orange County, Polk County, and Reedy Creek Improvement District for USGS Monitoring Site Cost Sharing in an annual amount of $6,683.60 up to a total of $93,570.40. All Districts. (Engineering Division)

2. Approval of Resolution 2013-M-46 of the Orange County Board of County Commissioners Regarding Water, Wastewater and Reclaimed Water Services, and Providing for a Delegation from the Board to the Director of Orange County Utilities for Negotiation and Execution of Letter Agreements Pursuant to Various Territorial Agreements Establishing Wholesale Water, Wastewater and Reclaimed Water Service. All Districts. (Administration)

3. Approval of Orange County Proposed Compliance Assistance by Consent Agreement OCU Account No. 9102676200 between Orange County and Woodland Terrace at Timber Springs Homeowners' Association, Inc. for compliance with Orange County Code and Florida Administrative Code for reestablishing use of Orange County Utilities reclaimed water by Woodland Terrace at Timber Springs Homeowners' Association, Inc. District 4. (Customer Service Division)

4. Approval of Utility Line Construction Reimbursement Agreement for Village F and Village H Offsite Utility Improvements between Orange County and D. R. Horton, Inc., in the amount of $1, 187,357.13. District 1. (Engineering Division)

5. Approval of Utility Line Oversizing Reimbursement Agreement for Village F and Village H between Orange County and D. R. Horton, Inc., for utility improvements in the amount of $1 ,212,615.85. District 1. (Engineering Division)

• INFORMATIONAL ITEMS FILED FOR THE RECORD IN THE ORANGE COUNTY COMPTROLLER CLERK'S OFFICE*

County Comptroller

1. Receipt of the following items to file for the record: (Clerk's Office)

a. Greater Orlando Aviation Authority budget for fiscal year 2013-2014.

October 22, 2013 page 7 of 18 b. City of Orlando Voluntary Annexation Request: Elim Baptist Church - ANX2012-00021. Notice of Proposed Enactment. On October 21, 2013 the Orlando City Council will consider proposed Ordinance #21 03-44, entitled an Ordinance of the City Council of the City of Orlando, Florida, annexing to the corporate limits of the City of Orlando, Florida, certain real property generally located north of Rixey St., south of Daubert St., east of Lake Baldwin Ln., and west of Jamajo Blvd.; comprised of 0.31 acres, more or less; amending the City's Adopted Growth Management Plan to designate the property as residential low intensity on the City's Official Future Land Use Maps; providing for severability, correction of scrivener's errors, and an effective date. A public hearing on this Ordinance will be held during the Council's regular meeting beginning at 2:00p.m., in Council Chambers, 2nd floor, Orlando City Hall, 400 S. Orange Ave., Orlando, Florida. c. City of Orlando Ordinance 2013-42, An Ordinance of the City Council of the City of Orlando, Florida, annexing to the corporate limits of the City certain land generally located north of Indiana St., south of Columbia St., east of S. Rio Grande Ave., and west of S. Orange Blossom Trl.; comprised of 3.51 acres, more or less; amending the city's adopted Growth Management Plan to designate the property as industrial, in part, and office low intensity, in part, on the city's official Future Land Use Maps; and designating the property as the industrial-general district, in part, and the 0-1 district, in part, on the city's official Zoning Maps; providing for severability, correction of scrivener's errors, and an effective date. d. City of Apopka Annexation Ordinances and Vicinity Maps as follows: Ordinance No. 2303, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Waters Edge Partners, LP, located south of Hooper Farms Road and west of Binion Road; providing for directions to the City Clerk, severability, conflicts, and an effective date - Ordinance No. 2304, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by the City of Apopka, located south of Lust Road and west of Binion Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2305, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Donald Emery and Annette Emery, located north of Kelly Park Road and west of Plymouth-Sorrento Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2306, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Orlando Beltway Associates-Plymouth Sorrento,

October 22, 2013 page 8 of 18 ~------

LLC, located north of Kelly Park Road and west of Plymouth-Sorrento Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2323, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Bridle Path, LLC, located north of Kelly Park Road and west of Plymouth Sorrento Road; providing for directions to the City Clerk, severability, conflicts, and effective date. - Ordinance No. 2324, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Rochelle Holding XIV, LLC, located north of Kelly Park Road and west of Plymouth Sorrento Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2327, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by W. D. Long Family Farms, LLLP, located north of Lust Road and west of State Road 429; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2328, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by All Gator Carrot Co., Inc., located north of Lust Road and west of State Road 429; providing for directions to the City Clerk, severability, conflicts, and an effective date. e. Orange County Public Schools Analysis of Impact Fee Trust Fund for the Year Ended June 30, 2013. f. City of Winter Garden Notice of Annexation Ordinance and Legal Description for the annexation of certain additional lands generally described as approximately 0. 74 ± acres located at 14890 West Colonial Drive on the south side of West Colonial Drive, east of Avalon Road and west of West Pointe Villas Boulevard into the City of Winter Garden Florida; redefining the city boundaries to give the city jurisdiction over said property; providing for severability; providing for an effective date.

*With respect to informational items, Board action is neither required nor necessary, and Board approval (or disapproval) is not to be implied.

• COUNTY ADMINISTRATION DISCUSSION AGENDA ITEM 1

Approval of 2014 Legislative Priorities.

The following person addressed the Board: James A. Zingale.

October 22, 2013 page 9 of 18 Motion/Second: County Mayor Jacobs/Commissioner Thompson AYE (voice vote): All members Action: The Board adopted the Legislative Priorities for 2014 outlined by staff as follows:

- Priorities:

-Gaming - Oppose any expansion and/or new authority for casino and internet gambling in the state Springs/Water Initiatives Support balanced efforts to protect water quality and preserve water quantity Communication Services Tax Maintain local funding source, along with flexibility in use Local Business Tax Maintain local funding option, along with flexibility in use Central Florida Expressway Authority Support regionalism, while protecting current OOCEA system users

- Support I Oppose:

- Support: Economic development initiatives that provide unique opportunities to build and diversify the local economy - Support: Department of Juvenile Justice equity for pre-adjudication and post­ adjudication costs - Oppose: Legislation that reduces Tourist Development Tax funding, including DOT­ COM - Oppose: Any erosion of Home Rule, such as local authority related to permitting and conservation efforts

- Monitor:

- Cost Shifts tied to data collection, reporting - Red Light Camera Repeal - Pre-Trial Release - Florida Retirement System - E-911 - Animal Services - Funding Opportunities

- Community Partners:

- When not adverse to Orange County interests, support legislative priorities of community partners such as: - Florida Association of Counties - University of Central Florida, Valencia College - MetroPian Orlando

October 22, 2013 page 10 of 18 ------

-LYNX - Metro Orlando EDC - Orange County Health Department

- Commissioner Issues:

- Commissioner Moore Russell: Funding for transferring septic systems to sewer systems in certain areas of District 6.

• ADMINSTRATIVE SERVICES DEPARTMENT DISCUSSION AGENDA ITEM 1

Selection of one firm and an alternate to provide Juvenile Delinquency Drug Court Substance Abuse Treatment, Request for Proposals Y13-1038-LC, for a three-year contract from the following firms listed alphabetically:

- Colonial Counseling Associates, Inc. - The Center for Drug Free Living, Inc.

Further recommend the Board authorize execution of the final contract within a budget of $451 ,800. ([Ninth Judicial Circuit Court Drug Court Division] Purchasing and Contracts Division)

Motion/Second: Commissioners Moore Russell/Clarke AYE (voice vote): All members Action: The Board selected one firm, Colonial Counseling Associates, Inc., and an alternate, The Center for Drug Free Living, Inc., to provide Juvenile Delinquency Drug Court Substance Abuse Treatment; and further, authorized execution of the final contract within a budget of $451,800, Request for Proposals Y13-1038-LC.

• COUNTY ADMINISTRATION WORK SESSION ITEM 1

Board direction regarding an additional homestead exemption for low-income seniors. (Office of Management and Budget)

Motion/Second: Commissioners Clarke/Brummer AYE (voice vote): County Mayor Jacobs; Commissioners Boyd, Brummer, Clarke, Thompson, Moore Russell NO (voice vote): Commissioner Edwards Action: The Board approved to proceed with an ordinance and amend Orange County code to allow for the added exemption and waive the annual application removal requirement.

• COMMUNITY, ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT WORK SESSION ITEM 1

Board direction regarding regulating donation drop boxes. All Districts. (Zoning Division)

October 22, 2013 page 11 of 18 ~~ ~~~~ ~~~-~------

Action: None

• MEETING RECESSED, 11:07 a.m.

• MEETING RECONVENED, 2:08p.m.

Members Present: County Mayor Teresa Jacobs; Commissioners S. Scott Boyd, Fred Brummer, Pete Clarke, Jennifer Thompson, Ted Edwards, Tiffany Moore Russell Others Present: County Comptroller Martha Haynie as Clerk, County Administrator Ajit Lalchandani, County Attorney Jeffrey J. Newton, Assistant County Attorney Lila McHenry, Deputy Clerk Katie Smith, Documents Coordinator Kathy Heard

• BOARD OF ZONING ADJUSTMENT RECOMMENDATIONS, OCTOBER 3, 2013

Motion/Second: Commissioners Clarke/Boyd AYE (voice vote): All members Action: The Board accepted the recommendations of the Orange County Board of Zoning Adjustment under the date of October 3, 2013, with the exception of and authorizing public hearings be scheduled for those listed below; subject to the usual right of appeal by any aggrieved party:

- Case SE-13-1 0-091, Vizcaya Master Homeowners Association (Board-Called by Commisioner Boyd) - Case VA-13-09-069, Yuri Ferro (Appeal filed)

• PETITION TO VACATE PUBLIC HEARING

Applicant: Scott Steinhilber, ContraVest, on behalf of Kyngs Heath VII Consideration: Resolution granting Petition to Vacate # 13-07-015, vacating a 25 ft wide drainage easement containing approximately 11,723 square feet. Location: District 5; property located at 545 S Keller Road; Parcel ID 34-21-29- 0000-00-065; S34/T21/R29; Orange County, Florida (legal property description on file)

The following person addressed the Board: Scott Batterson.

Motion/Second: Commissioners Edwards/Moore Russell AYE (voice vote): All members Action: The Board adopted a resolution granting Petition to Vacate # 13-07-015, vacating a 25 ft wide drainage easement containing approximately 11 ,723 square feet, on the described property.

October 22, 2013 page 12 of 18 ~~-~------~---~~~~~~~~------

Commissioner Edwards moved to approve Petition to Vacate# 13-05-015; however the request action included approval of Petition to Vacate 13-07-015.

• OFFICIALS RECOGNIZED: City of Orlando Mayor Buddy Dyer Senator Geraldine Thompson Former Orange County Mayor Linda Chapin

• ORDINANCE PUBLIC HEARING

Consideration: AN ORDINANCE PERTAINING TO TAXATION IN ORANGE COUNTY, FLORIDA; AMENDING ARTICLE IV OF CHAPTER 25 OF THE ORANGE COUNTY CODE SECTION 25-140, TOURIST DEVELOPMENT PLAN; UPDATING CERTAIN EXISTING PRIORITIES OF THE PLAN; PROVIDING FUNDING FOR CAPITAL IMPROVEMENTS TO AND OPERATION AND MAINTENANCE OF THE ORANGE COUNTY CONVENTION CENTER; PROVIDING ADDITIONAL FUNDING FOR MARKETING AND PROMOTION OF TOURISM; PROVIDING FUNDING FOR INCENTIVES FOR CERTAIN COLLEGIATE ATHLETIC CHAMPIONSHIPS; PROVIDING ADDITIONAL FUNDING FOR CERTAIN COMMUNITY VENUES; PROVIDING FOR AN EFFECTIVE DATE.

The following persons addressed the Board:

- George Aguel - Linda Chapin - David Schillhammer - Sibille Pritchard - Kathy Ramsberger - Steve Hogan - Phil Rawlins - City of Orlando Mayor Buddy Dyer - Senator Geraldine Thompson - Frank Kruppenbacher -Jim Hewitt - Carol Johnson - Pat Williams - Richard Kessler - Sesh Thakkar (phonetic) - Trini Quiroz - Charlie Gray - Frank Santos - Mike Cantone - Jason Siegel - Michael Thornton

October 22,2013 page 13 of 18 ------~~~~------

- Lawanna Gelzer - Jeffrey Thompson - Chase Forth - Rogue Gallart -Sean Slack - Charlene Harrison-Forth - Dr. Shakeel Ahmed Khan - Brian Smith - Tom Traxler - Chelsea Miller - Michael Williams - John-Paul Conners - Jeff Patterson - Donovan Roper - Doug Head - Jeanna Malines - Christine Martinaitis - Jason Venning - lan Fuller - Aurora McBride - Adonis Willis - Glendy Hamilton - Philip Cowherd - Todd Schenck - Gale Matthews - Chuck Kinyon - Robert Woodyard -Jose Colon - Ryan Pasternak - Axelle Rayrolles - Matthew Nogrady - Jamie Watson - Cory Hendrix - Scott Stella - Ville Valimaa - Laura Kolbe - Kelley Worthen - Nathaniel Jenkins - Cathy Hettinger - Regina Hill - Mike Dabby - AI Sandoval - Jose Garcia - Ricky Villeda - Ramon Ojeda - Michael Slaymaker

October 22, 2013 page 14 of 18 - Cynthia Harris - Roberto Baptiste - Charles Tolman - Dr. Thuy Quach - Francisco Neto - Jeff Lead beater - April Carns - Aspacia Lindstrom - J.D. O'Brien - Elliot Scott - Miguel Gallardo - Nigel Worrall - Christoffer Katz - Jose Cerda - Gloria Puerto - Marcos Tamez Villarreal - Craig Melton - Jared Ambrose - David Zusi - Frank Geraldo (phonetic)

• OFFICIAL RECOGNIZED: Florida House of Representative Linda Stewart

- Michael Deaver - Carlos Colon

• OFFICIAL RECOGNIZED: City of Orlando Commissioner Tony Ortiz

The following exhibits were received by the Clerk prior to the close of the public hearing:

- Exhibit 1, from Chase Forth - Exhibit 2, from Sean Slack - Exhibit 3, from Charlene Harrison Forth - Exhibit 4, from Philip T. Cowherd

Motion/Second: County Mayor Jacobs/Commissioner Boyd AYE (voice vote): County Mayor Jacobs; Commissioners Boyd, Clarke, Thompson, Moore Russell NO (voice vote): Commissioners Brummer, Edwards Action: The Board approved the Third Amendment to the lnterlocal Agreement subject to the subsequent approval of the Amendment to the Tourist Development Plan; and further, approved the Amended and Restated lnterlocal Agreement.

Motion/Second: Commissioner Thompson/County Mayor Jacobs AYE (voice vote): All members

October 22, 2013 page 15 of 18 Action: The Board amended the main motion, and amended Section 6.14 of the Third Amendment to the lnterlocal Agreement to include the following additional condition precedent to the Release of MLS Stadium Funds or Issuance of Contract TOT Obligations for the MLS Stadium:

6.14.14 The Soccer T earn has entered into an agreement with the County containing at least the following minimum obligations on the part of the Soccer Team:

a. to make payments to the County in the amount of two hundred fifty thousand dollars ($250,000.00) per year for ten consecutive years to be used by the County as an operating subsidy for approximately fifteen youth soccer fields to be located in Orange County; b. to develop youth soccer outreach programs in Orange County in conjunction with the Orange County Parks and Recreation Department or Orange County Public Schools with a minimum of 2,000 youth participants for a minimum of ten years; c. to fund for a minimum of ten years at least $25,000 per year in scholarships for Orange County under-privileged youth for soccer-related programs and activities; and d. to develop expanded recreational soccer league programs in Orange County for beginner and intermediate players (the "Little Lions" program) and other mutually agreeable programs in Orange County.

Motion/Second: Commissioners Clarka/Brummer AYE (voice vote): All members Action: The Board amended the amendment to the main motion and replaced Section 6.14 14 (a) of the Third Amendment to the lnterlocal Agreement to include the following additional condition precedent to the Release of MLS Stadium Funds for the MLS Stadium:

a. The Soccer Team has entered into an agreement with the County obligating the Soccer Team to make annual payments to the County in the amount of $200,000 per year for fifteen years to be used by the County Parks & Recreation Department as an operating subsidy for youth soccer fields located in Orange County. Such agreement will also provide for the County and Soccer Team to determine at the end of such fifteen years an appropriate level of ongoing support from the Soccer Team.

Motion/Second: Commissioners Moore Russell/Boyd AYE (voice vote): All members Action: The Board made a motion to reconsider the Main Motion as previously amended.

Motion/Second: Commissioners Clarke/Brummer Action: The Board withdrew a motion to amend the main motion to amend Section 6.14 of the Third Amendment to the lnterlocal Agreement to include the following additional condition precedent to the Release of MLS Stadium Funds for the MLS Stadium:

October 22, 2013 page 16 of 18 - The City has entered into an agreement with the County providing for the joint development and operation of three soccer fields on that certain City-owned parcel of land previously purchased by the City with funding assistance from the County and located adjacent to the Orange County Parks and Recreation Department's Barber Park.

Motion/Second: Commissioners Clarke/Boyd AYE (voice vote): County Mayor Jacobs; Commissioners Boyd, Clarke, Thompson, Edwards NO (voice vote): Commissioners Brummer, Moore Russell Action: The Board amended the main motion to amend Section 6.14 of the Third Amendment to the lnterlocal Agreement to include the following additional condition precedent to the Release of MLS Stadium Funds for the MLS Stadium:

- The City has entered into an agreement with the County allowing the Orange County Mayor and County Commissioners to each have the use of the MLS Stadium for one public purpose or charitable event per year at no cost to Qy the County, the Mayor, Commissioner or charitable event sponsor without payment of any use fee.

Motion/Second: County Mayor Jacobs/Commissioner Boyd AYE (voice vote): County Mayor Jacobs; Commissioners Boyd, Clarke, Thompson, Moore Russell NO (voice vote): Commissioners Brummer, Edwards Action: The Board approved the Third Amendment to the lnterlocal Agreement subject to the subsequent approval of the Amendment to the Tourist Development Plan; and further, approved the Amended and Restated lnterlocal Agreement, as amended.

Motion/Second: County Mayor Jacobs/Commissioner Moore Russell AYE (voice vote): County Mayor Jacobs; Commissioners Boyd, Clarke, Thompson, Moore Russell NO (voice vote): Commissioners Brummer, Edwards Action: The Board adopted Ordinance 2013-20 amending Orange County Code, Article IV of Chapter 25 Section 25-140, pertaining to the Tourist Development Plan.

Motion/Second: County Mayor Jacobs/Commissioner Brummer AYE (voice vote): All members Action: The Board approved the Third Addendum to the 2007 Tourism Promotion Agreement with Orlando/Orange County Convention & Visitor's Bureau, Inc. and the Agreement with Central Florida Sports Commission, Inc., for the 2014 NCAA Men's Division 1 Basketball Tournament.

• Motion to Reconsider Community, Environmental and Development Services Department Consent Agenda Item 6

Motion/Second: Commissioners Brummer/Boyd

October 22, 2013 page 17 of 18 AYE (voice vote): All members Action: The Board reconsidered Community, Environmental and Development Services Department Consent Agenda Item 6.

Motion/Second: Commissioners Boyd/Clarke Abstain: Commissioner Brummer AYE (voice vote): County Mayor Jacobs; Commissioners Boyd, Clarke, Thompson, Edwards, Moore Russell Action: The Board approved Community, Environmental and Development Services Department Consent Agenda Item 6, amended and restated affordable Housing Funding Agreement between Orange County, Florida, Homes in Partnership, Inc., and Hawthorne Village Corporation of Apopka.

• ADJOURNMENT, 8:30p.m.

ATTEST:

Date: __D_E_C_0_3_20_13 __ _

ATTEST SIGNATURE:

Martha 0. Haynie County Comptroller as Clerk

,~-r~ Documents Coordinator

October 22, 2013 page 18 of 18