Commissioner Morris advised Governor Bush has also done a resolution on this subject; and he presented the Resolution to Ms. Butler.

-------

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-220, as shown on page _______, proclaiming October, 2008 as “National Disability Awareness Month”.

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

The Resolution was presented to Connie Krienbring and Buddy Balagia, who addressed the Board to express their appreciation.

-------

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-222, as shown on page _______, proclaiming October, 2006 as “Cultural Diversity Awareness Month”.

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

The Resolution was presented to the members of the Cultural Diversity Committee.

David Gregory addressed the Board to express the Committee’s appreciation and to invite everyone to attend the luncheon on October 19 at the Sanford Civic Center.

-------

Motion by Commissioner Carey, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-223, as shown on page _______, honoring the Yarborough Family and ranch for being selected to be inducted into the Florida Agriculture Hall of Fame.

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

The Resolution was presented to Imogene Yarborough and her family.

Imogene Yarborough addressed the Board to express her appreciation for this recognition.

-------

Karen Breakell, representing the Nemours Foundation, addressed the Board to give a PowerPoint presentation (not received & filed) on Nemours’ mission to build a state-of-the-art children’s hospital in Central Florida. She advised they have a hospital in Delaware and numerous children’s health care clinics in Delaware, Pennsylvania, New Jersey and Florida. She reviewed relevant statistics, their commitment, impact on the community, and the Certificate of Need (CON) process.

Upon inquiry by Commissioner Dallari, Ms. Breakell advised their mission is to work cooperatively with the community hospitals for children with complex illnesses and chronic illnesses. She further advised that Nemours is funded by the testamentary trust of Alfred DuPont ($4 billion) and they are concerned with caring for children and not their financial status. She added that because they have the trust, they are not asking for any local or State government funds.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-224, as shown on page _______, supporting the Nemours Foundation in their efforts to build a state-of-the-art children’s hospital in Central Florida.

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

The Resolution was presented to Ms. Breakell.

-------

The Chairman recessed the meeting at 10:20 a.m. in order to convene the meeting of the U.S. 17-92 Community Redevelopment Agency (CRA), and reconvened the BCC meeting at 10:45 a.m. this same date.

COUNTY MANAGER’S CONSENT AGENDA

Commissioner Carey requested Item #15, Award of RFP-600052-06/BJC, Residential & Commercial Backflow Prevention Control Program, be pulled for a separate vote.

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

Community Services

Community Assistance

8. Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program: Kenneth & Idella Campbell & Mozelle Neal; Tewana Chilsom & London Campbell; Juan & Maria Garcia; Livia Abigail Hernandez; Edward J. Reese; Lewis & Teresa Ruffin; and Marrien E. Walker.

Environmental Services

Business Office

9. Approve release of original Water and Sewer Maintenance Bond #103405253 dated 8/29/03 in the amount of $3,211.40 (Engle Homes of Orlando) for the project known as Waterstone.

Fiscal Services

Budget

10. Adoption of appropriate Budget Amendment Resolution #2006-R-225, as shown on page _______, BAR #07-01 - $997,341 – Public Works/Stormwater/2001 Infrastructure Tax Fund. To provide additional funding to cover higher than anticipated construction contract costs, Construction Engineering and Inspection (“CEI”) costs, and future contingencies, for the Club II Regional Stormwater Facility. The lowest qualified bid for the construction contract was $1,930,612, and is included in the Purchasing Consent Agenda for Board approval.

Grants

11. Authorize Chairman to execute the Memorandum of Understanding, as shown on page _______, between the Florida Division of Fire Marshal and Seminole County for the procurement, maintenance, repair and replacement of hazardous materials (Florida Domestic Preparedness Grant for WMD/HazMat Response); and adopt appropriate Budget Amendment Resolution #2006-R-229, as shown on page _______, in the amount of $76,226.50.

12. Approve and authorize Chairman to execute the Memorandum of Understanding, as shown on page _______, between the Florida Division of State Fire Marshal and Seminole County for a portion of the Federal Department of Homeland Security Grant to assist with sustaining the ability to protect citizens and visitors and to serve as a key emergency response resource should a major terrorism incident strike the Central Florida region; and adopt appropriate Budget Amendment Resolution #2006-R-230, as shown on page _______, in the amount of $152,365.

13. Approve and authorize Chairman to execute the Memorandum of Understanding, as shown on page _______, between the Florida Division of State Marshal and Seminole County for a portion of the Federal Department of Homeland Security Grant to provide funding to procure specific hazmat equipment and supplies; and adopt appropriate Budget Amendment Resolution #2006-R-231, as shown on page _______, in the amount of $7,595.

Purchasing

14. Award CC-1154-06/TRJ Contract, as shown on page _______, Club II Regional Stormwater Facility Phase I and II Drainage Improvements, to Cathcart Contracting Company of Winter Park ($1,930,612.00).

Information Technologies

Information Services

16. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Royal Street Communications LLC and Seminole County for co-location of communications services on an existing County location at 3250 Dike Road.

Library & Leisure Services

17. Adopt appropriate Resolution #2006-R-226, as shown on page _______, and authorize the Chairman to execute the Highway Maintenance Memorandum of Agreement, as shown on page _______, with the Florida Department of Transportation for portions of the State Road System at the interchange of Interstate 4 and US 17/92.

Planning & Development

Development Review

18. Authorize release of Maintenance Bond in the amount of $1,041.90 (Cash) for the Maitland Avenue Right-of-Way Walgreen’s.

19. Approve and authorize Chairman to execute the Application, as shown on page _______, for Seminole County’s participation in the National Arbor Day Foundation’s Tree City USA Program.

Planning

20. Approve and authorize Chairman to execute the Seminole County/Colonial Limited Partnership Agreement, as shown on page _______.

Public Works

Engineering

21. Adoption of appropriate Resolution #2006-R-227, as shown on page _, accepting a Quit Claim Deed, as shown on page _, from Tuskawilla United Methodist Church, Inc., for property necessary for the construction of a pedestrian crossing on Red Bug Lake Road at the Red Bug Lake Elementary School.

22. Approve and authorize Chairman to execute the Purchase and Sale Agreement, as shown on page _______, for compensatory mitigation lands for the Cross Seminole Trail North project.

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

-------

Discussion ensued with regard to Item #15, RFP-600062-06/BJC, Term Contract for Residential and Commercial Backflow Prevention Control Program, to ACE Flow Control, Longwood. Commissioner Carey stated this contract will cost $300,000 for three years. She said she believes the scope of these inspections should be much smaller.

Gary Rudolph, Water & Wastewater, addressed the Board to advise staff can look at reducing the number of surveys. However, he said the County needs to make sure all the customers are doing inspections for the protection of other citizens. Discussion ensued with regard to the backflow valve and cross-connections.

Commissioner Carey stated she has asked staff if this has ever been a problem in Seminole County and was told that they were not aware of any incidents that have occurred.

Mr. Rudolph explained that the State of Florida EPA has approved the County’s plan and the County’s own ordinance requires these inspections.

Commissioner Morris stated that if this is required by law, he believes the cost should be put in the rate base.

Commissioner Carey suggested this item be continued in order to give staff time to think this through.

Motion by Commissioner Morris, seconded by Commissioner Dallari to continue until October 24, 2006, consideration of request for award of RFP-600062-06/BJC, Term Contract for Residential and Commercial Backflow prevention Control Program, to ACE Flow Control, Longwood, so that staff can bring back to the Board some options.

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

COUNTY ATTORNEY’S CONSENT AGENDA

Motion by Commissioner Carey, seconded by Commissioner Morris to approve and authorize the following:

23. Approve acceptance of Owners’ Offer of Judgment relating to Parcel #101, Novoa property, for Eden Park Avenue road improvement project, in the amount of $76,797 inclusive of all land value, severance damage, statutory attorney’s fee, experts’ fees and statutory interest.

24. Authorize Binding Written Offers/Offers of Judgment relating to Parcels #100B, 101C/D, 103/703, 107, 105/705, 106/706, 107, 108, 109 and 145A/B/745 of the CR 15 improvement project.

25. Approve and authorize execution of Purchase Agreement, as shown on page _______, for Parcel #134/834, Moreno Valley Investors Four, for the Lake Emma road improvement project (from Longwood Hills Road to Sand Pond Road), in the amount of $475,000, inclusive of interest, fees and costs.

26. Approve and authorize execution of Purchase Agreement, as shown on page _______, for Parcel #111, 1823 Longwood, Inc., for the Cross Seminole Trail Phase III project (from Longwood-Lake Mary Road to Big Tree Park) in the amount of $13,800 inclusive of interest, fees, and costs.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

27. Expenditure Approval Lists, as shown on page _______, dated September 11 & 18, 2006; and Payroll Approval List, as shown on page _______, dated September 7, 2006.

28. BCC Official Minutes dated September 12, 2006.

29. Noting, for information only, the following Clerk’s “received and filed”:

1. PS-0955-06 Construction Engineering & Inspection Services Agreement, as shown on page _______, Volkert Construction Services.

2. Notice from the Public Service Commission re: Application for amendment to Certificates 247-W and 189-S in Seminole County by Sanlando Utilities Corp.

3. Certified Tennis Pro Agreement, as shown on page _______, with William Treise.

4. Assignment, as shown on page _______, of the Conditional Utility Agreements for water and sewer service with Ansara Heathrow Center.

5. Customer Agreements, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for the project known as Lake Forest 15.

6. Bill of Sale, as shown on page _______, and Letter of Acceptance of the water and sewer system within the project known as Heatherwood-M/I Homes of Orlando.

7. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Commercial Net Lease Realty for the project known as CNL Property.

7. Development Orders, as shown on page _______, as follows: #06-30500004, Schmid variance; #06-30000130, Larson variance; #06-30000104, Jackson variance; #06-30000105, Jackson variance; #06-30000106, Jackson variance; #06-320006, Smith special exception; #06-30000092, Patel variance; #06-3200003, Rose Hill Baptist Church special exception; #06-30000107, Dover-Cuskaden variance; #06-30000110, Seaman & Lutter variance; #06-30000111, Hearn variance; #06-30000113, Thevenet variance; #06-30000114, Baker variance; #06-30000115, Glackin variance; #06-30000116, Gutierrez variance; #06-30000117 Phelps variance; #06-3000124, Olivo variance; #06-30000108, Work variance; #06-30000119, Palmer variance; #06-30000121, Abatsas variance; #06-300122, Krogman variance; #06-3100018, Svancar special exception; #06-3100019, Caruthers special exception; #06-320005, Aloma Jancy Animal Hospital; #06-32000007, Fl Conference Association of 7^th Day Adventists; and #06-32000008, R&J Oakmont, Inc. special exception.

8. Work Order #59, as shown on page _______, to PS-5130-02.

9. M-1358-06 Contract, as shown on page _______, Starmer Ranaldi Planning & Architecture, Inc.

10. Certificate of Final Completion, as shown on page _______, for CC-1242-04.

11. Change Orders #2 & #3, as shown on page _______, to CC-1268-05.

12. Amendment #1, as shown on page _______, to Work Order #22 to PS-5150-03.

13. Work Order #39, as shown on page _______, to PS-5150-03.

14. Second Amendment, as shown on page _______, to PS-0381-06, Matern Professional.

15. Second Amendment, as shown on page _______, to PS-0381-06, Vision IV.

16. Re-recorded Development Order #5-22000008, as shown on page _______, Casa Verde Townhomes PUD, approved by the BCC on January 24, 2006.

17. Satisfaction of Connection Fees, as shown on page _______, for the project known as Ruth’s Chris Steakhouse.

18. Amendment, as shown on page _______, to Utility Agreement for sewer service with Northpointe Officenter, LLC.

19. Bill of Sale and Letter of Acceptance, as shown on page _______, of the water and sewer system within the project known as I-4 Industrial Park Lot 3-Life Gas-4G Properties.

20. Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $20,597 for the project known as Heatherwood.

21. Work Orders #15 & #17, as shown on page _______, to CC-1198-02.

22. Work Orders #13, #14 & #15, as shown on page _______, to CC-1267-05.

23. Change Order #1, as shown on page _______, to CC-1262-05 (W.O. #25).

24. Certificate of Completion, as shown on page _______, for CC-1262-05, W.O. #10.

25. Performance Bond #CMS233873, as shown on page _______, in the amount of $90,000 for RFP-1091-06.

26. First Amendment, as shown on page _______, to RFP-4146-02.

27. Work Order #47, as shown on page _______, to PS-5165-04.

28. Amendment #1, as shown on page _______, to RFP-4195-03.

29. First Amendment, as shown on page _______, to PS-5145-03.

30. Change Order #1, as shown on page _______, to CC-0952-06.

31. Work Order #4, as shown on page _______, to PS-5145-03.

32. Change Order #1, as shown on page _______, to CC-1212-03, Work Order #51.

33. Certificate of Final Completion, as shown on page _______, for CC-1262-05, Work Order #14.

34. Change Order #2, as shown on page _______, to CC-0348-06.

35. Certificate of Final Completion, as shown on page _______, for CC-1265-05.

36. M-1306-06 Contract, as shown on page _______, Pomeroy Appraisal Associates of Florida.

37. Second Amendment, as shown on page _______, to PS-0381-06, Starmer Ranaldi.

38. Second Amendment, as shown on page _______, to RFP-4217-04.

39. Second Amendment, as shown on page _______, to PS-0381-06, MLM-Martin Architects, Inc.

40. Work Order #1, as shown on page _______, to RFP-0225-05.

41. Work Order #48, as shown on page _______, to PS-5165-04.

42. Second Amendment, as shown on page _______, to PS-0381-06, Bentley Architects & Engineers.

43. Work Order #16, as shown on page _______, to CC-1267-05.

44. Work Order #53, as shown on page _______, to PS-5129-02.

45. Work Orders #47 & #48, as shown on page ________, to CC-1262-05.

46. Work Order #1, as shown on page _______. to RFP-0580-06.

47. Work Order #1, as shown on page _______, to RFP-1090-06.

48. Bids as follows: PS-1074-06; RFP-1221-06; CC-1226-06; IFB-600074-06; RFP-600077-06; and 600080-06.

Sheriff’s Office

30. Approval to expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution to the Boys and Girls Club of Central Florida, West Sanford Branch.

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

REGULAR AGENDA

Senior Planner, Jeff Hopper, addressed the Board to request authorization to advertise and set public hearings for amendments to the Land Development Code establishing canopy roads, candidate roads, and tree protection zones.

Commissioner Morris requested that CR 15 from 46A to Ronald Reagan Boulevard be included in the ordinance. The Board voiced no objections to same.

Commissioner Carey said she would like staff to talk to the utility companies before the County starts down this path. She also said she believes the replacement tree requirement at a caliber of 2 inches is a joke. Whereupon, Commissioner Morris agreed and stated that government should be under this requirement too and he would prefer 4 inches for DBH. The Board agreed that all this should be included in the ordinance.

Commissioner Dallari stated he would like to include Dike Road (the portion that runs north and south). The Board voiced no objections to including same.

Commissioner Morris also requested that Graphics back designs for signage along these roads at a later date.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize the Planning & Development Director to advertise and set public hearings for amendments to the Land Development Code of Seminole County establishing canopy roads, candidate roads, and tree protection zones, with staff findings.

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

-------

Senior Planner, Jeff Hopper, presented request for advertising and scheduling public hearings on the proposed ordinance relating to the U.S. 17-92 CRA Target Zone Height Alternative Standards.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize the Planning & Development Director to advertise and schedule public hearings on the U.S. 17-92 Community Redevelopment Area Target Zone Height Alternative Standards Ordinance.

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

-------

Senior Planner, Jeff Hopper, presented the Monroe Commerce Center Phase III PCD Final Site Plan and Developer’s Commitment Agreement for a 6.3-acre site located on the east side of Elder Road, south of School Street, Howard Schieferdecker.

District Commissioner Carey recommended approval.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the Monroe Commerce Center Phase III PCD Final Site Plan and Developer’s Commitment Agreement for a 6.3-acre site located on the east side of Elder Road, south of School Street, Howard Schieferdecker.

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

Mr. Hopper advised the applicant is requesting that the 8-foot fence around the storage area be reduced to 6 feet.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to revisit the Monroe Commerce Center Phase III PCD Final Site Plan and Developer’s Commitment Agreement, Howard Schieferdecker.

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

Howard Schieferdecker, applicant, addressed the Board to state this is the third phase of the development and by far the least amount of outdoor storage.

County Attorney, Robert McMillan, advised the 8-foot wall was a condition of the rezoning and the site plan has to conform to that. He further advised that requirement cannot be deleted without a public hearing.

District Commissioner Carey stated she would stand by the original requirement for an 8-foot fence.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the Monroe Commerce Center Phase III PCD Final Site Plan and Developer’s Commitment Agreement, as shown on page _______, for a 6.3-acre site located on the east side of Elder Road, south of School Street, Howard Schieferdecker.

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

-------

Tourism Development Director, Suzan Bunn, addressed the Board to remind the Board that at their September 26, 2006 meeting, they voted to table any action on the United Arts Contract until after the second public hearing on the budget. She reviewed the motion made by Commissioner Morris as outlined in the Memorandum (copy received & filed) dated October 10, 2006 from Suzan Bunn. She stated that two questions that need to be considered are whether additional funds will be provided to the School Board and whether a specific percentage of the grants monies for organizations and artists will be earmarked for Seminole County recipients only.

Motion by Commissioner Morris, seconded by Commissioner Dallari to take the motion off the table.

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

The Chairman announced that the Board is now back on the main motion offered by Commissioner Morris on September 26, 2006. He said he would like to add in the motion that the requirements for Seminole Arts Council and Helen Stairs be included; and that the training program be stipulated as a requirement. Whereupon, Commissioner Morris stated he would include those requirements in the motion.

Chairman Henley also stated he would like to include the requirement of quarterly reports. Whereupon, Commissioner Morris stated he would also include that requirement in the motion.

Motion by Commissioner Morris, seconded by Commissioner Carey to approve funding for United Arts at $.75 per capita for a one-year Contract, as shown on page _______; require that Commissioner Dallari become a voting member of the SCAC; Helen Stairs Theater would remain at the same funding level; United Arts would provide monies for education in fundraising and business plans for them; SCAC Arts Coordinator would be funded at 100% the first year, 75% the second year, 50% the third year, and 25% the fourth year, and the position would be sunset by the BCC in the fourth year; all requirements will include SCAC and the Helen Stairs Theatre; require that the training program be stipulated as a requirement; and quarterly reports will be required.

Under discussion, Commissioner Dallari stated he would also like to propose an amendment to the motion, to increase the funding from $.75 per capita to $1.00 per capita.

Commissioner Carey cautioned that the Board may be looking at a $50,000 homestead exemption next year, which will leave a big hole in the budget.

Chairman Henley said he wants to make it plain that the County is not going to be the total support for these organizations and that they are not entitlement programs. He further said they need to set a sunset date which will force them to raise their own money.

Motion by Commissioner Dallari, seconded by Commissioner Morris to amend the main motion by increasing the funding from $.75 per capita to $1.00 per capita.

Under discussion, Commissioner Henley stated he would not support increasing the per capita to $1.00.

Districts 1 and 2 voted AYE.

Commissioners Van Der Weide, Henley and Carey voted NAY, whereupon, the amendment to the motion failed for the lack of a majority vote.

The main motion was then voted upon and carried unanimously with Districts 1, 2, 3, 4 and 5 voting AYE.

-------

Motion by Commissioner Dallari, seconded by Commissioner Carey to confirm appointment of Dori L. Debord as Planning & Development Director at a salary of $102,500, effective October 23, 2006.

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

-------

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to confirm appointment of David Medley as Community Services Director at an annual salary of $86,000, effective October 11, 2006.

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

-------

The Chairman recessed the meeting at 11:45 a.m., reconvening at 1:32 p.m., with all Commissioners (with Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

Districts 1, 3, 4 and 5 voted AYE.

COUNTY MANAGER’S BRIEFING

Leeanna Raw, Public Safety, addressed the Board to state Air Rescue 3 was decommissioned in June 2006. Staff has identified four options for replacement of the aeromedical helicopter service and those include: (1) a public/private partnership; (2) the purchase of a new aircraft and continued joint operation with the Sheriff’s Office; (3) the purchase of a used aircraft and joint operation with the Sheriff’s Office; and (4) the purchase of a new aircraft operated solely by the Seminole County EMS/Fire/Rescue Division. She referred to the financial cost summary indicated at the end of the proposal (received and filed). Staff is recommending looking towards a private/public partnership.

Upon inquiry by Commissioner Van Der Weide, Ms. Raw advised that under Option #1, the County would enter into a public/private partnership and the private sector would provide the helicopter.

Cindy Coto, County Manager, stated staff will go out for a Request For Proposal and in that they would identify those elements to be included by any respondent.

Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize staff to go with Option #1, Public/Private Partnership for continuing the aeromedical helicopter services and maintenance, and they would be responsible for the billing of the transport.

Under discussion and upon inquiry by Chairman Henley, Ms. Raw advised staff attempted to think ahead on every unanticipated cost there may be. Staff will not know any subsidy amount until a contract is in place.

Commissioner Morris entered the meeting at this time.

Commissioner Dallari stated if this passes and the County finds a private/public partnership, he would like to see if the County can have a multi-county agreement with not just Osceola County, but with Orange and Volusia counties, to make sure that it is economically feasible to sustain each county’s services.

Commissioner Morris stated he agrees with staff’s recommendation, but he feels Brevard County should be included in that.

Commissioner Dallari stated the reason why he brought this up is one of the entity’s concerns was when each county gets into medical transport from an accident scene to the emergency room, they want to make sure that each county is working with each other.

Ms. Raw stated some sort of stipulation that they will back each other up will be included in the contract.

Ms. Raw informed Commissioner Dallari that the type of maintenance facilities, the distance from that facility and the response time for that replacement aircraft will be part of the criteria.

Commissioner Dallari stated he feels it would be important to look at medical transport from an incident to the ER.

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

-------

Amy Raub, Seminole County Natural Lands Program, addressed the Board to give an update on the Public Information Campaign for the Natural Lands and Trails Referendum. She displayed a PowerPoint presentation and reviewed the following: History of the Natural Lands Program: Two Main Components of the Natural Lands Program; Environmental Education (Ed Yarborough Nature Center) and Activities at the Nature Center. She stated volunteers are a huge portion of the Natural Lands Program and they focus on four main areas (Trail Maintenance, Prescribed Fire, Exotic Control and Monitoring) of the land management side of the program. She continued by reviewing the following: Exotic Plant Species; Resource Monitoring; Trails Program History; Trails Program Successes; Trails Program Outstanding Features; Trails Program Outreach; Public Information that the Speakers Bureau has been working with the Community; County Referendum for Natural Lands and Trails; Benefits of Natural Lands and Trails; Seminole County Extended Program Goals; What Will the Referendum Mean to Them; 2006 Referendum Summary; and a Map of the Conservation Target Areas. She played a Public Service Announcement about the Trails and Natural Lands Referendum. She continued by reviewing What they have been doing; an Education Program put together consisting of five main components; and the Natural Lands Education Team. She reviewed the following five educational components: Coordination Efforts; Personal Contacts relating to formal and informal presentations; Web site established and e-mail campaign; Printed Materials; and Media. Brochures, Poster, Billboard Art, Bookmark, Spanish Ad, PowerPoint Presentation and Postcard Art were received and filed.

Commissioner Carey complimented staff for doing a wonderful job in presenting the Natural Lands Referendum information at the CALNO meeting. She recommended that staff pass out flyers at the Lake Mary Blvd./Wekiva Trail as it is a very active trail.

Commissioner Morris stated the Seminole County Water and Conservation Board have a PAC (Political Action Committee) and they have a matching grant component for $15,000, and staff may contact them.

-------

Don Fisher, Deputy County Manager, addressed the Board to review the information campaign for the 2006 Charter Amendments. He displayed a PowerPoint presentation and reviewed the following: Charter History, the Three Charter Amendments proposed by the BCC, and the six Charter Amendments proposed by the Charter Review Commission (CRC). He reviewed the following three amendments proposed by the BCC: Question #1, County to provide its own clerk, auditor, recorder and custodian of all County funds; Question #2, Financial Impact of Proposed Charter Amendments; and Question #3, Length of Appointments of the CRC. He continued by reviewing the following amendments proposed by the CRC: Question #4, Revising County Commissioner’s salaries; Question #5, Ethics Ordinance regulating Commissioner lobbying and Tax Collector bidding on tax certificate sales; Question #6, Ethics Ordinance requiring disclosure of ownership interest for county land use applications; Question #7, Transfer of Clerk’s function as auditor and custodian of County funds. He indicated that the pamphlet indicates that all of the duties of the Clerk will be transferred to the County auditor and that is incorrect. The auditing function will be transferred to the proposed County auditor, and the financial functions will be transferred to the County Manager and that will be corrected. He continued by reviewing Question #8, Creation of a Volunteer Advisory Audit Committee; and Question #9, Constitutional Officers subject to internal audit for certain County funds. He referred to the red folder (received and filed) and reviewed the various campaign information in the proposed mailers, postcard and billboard signs.

Chairman Henley stated he feels one item that needs to be clarified is the BCC salaries are currently determined by State formula but it is actually based by State Statute and it is based on population.

Mr. Fisher stated staff’s thought is if the Board gives authorization to proceed, they could have the items printed by the end of the week and mailed by October 18 so people can have them in their homes by October 22, because October 23 starts early voting. The postcard is a reminder that these items are on the ballot and if the people want more information, they can go to the County’s web site.

Mr. Fisher explained for Commissioner Carey why they are doing a newspaper ad. He stated staff feels this would be the most effective way to communicate the information.

Mr. Fisher advised Commissioner Carey when the large mailer and postcards will be mailed out. He informed the Board that staff will be doing displays in the County buildings including libraries, other facilities, as well as the Customer Resource Center. In terms of the Speakers Bureau, they will handle that when an organization wants someone to come out and speak to them, and they are not contacting every homeowners association or civic group organization.

Commissioner Morris stated the differentiation staff used between the BCC and the Charter Review Commission (CRC) is one that is going to be lost by the public. The majority of the BCC are not in favor of all these amendments and they believe some of them proposed by the CRC are illegal. He stated when the voters receive the brochure, it is going to appear that the BCC is going to mail these out as important information and they are basically endorsing all of the items. Even by law, the BCC can take an official position on matters and they can explain what the CRC’s intent was.

Chairman Henley stated, in his opinion, these were debated a long time and most of them were passed by an 8-5 vote by the CRC. The public doesn’t have the full understanding of it and they can easily be misconstrued. There are some things that can be done that would clarify it. He stated he feels a lot of voters will misinterpret it as they will not be well informed on the process as the BCC is mailing out the information.

Commissioner Carey asked if they could get the Attorney General’s opinion on the legality of those amendments. She recommended putting some type of disclaimer on anything they mail out indicating that the only ballot issues presented by BCC are one through three.

Commissioner Morris stated according to the polls that were sent out, the public believes the BCC is doing the right thing most of the time. The Board supports those amendments they put on the ballot but do not support the ones recommended by the CRC. He stated he knows there are several PAC’s that are being formed to oppose these matters. Discussion ensued relative to the Charter Review Commission’s attorney not finding any support of the Attorney General’s rulings and legality of the ethics amendments.

Chairman Henley stated he would like to see the differential being done on the educational information that the first three are proposed by the BCC; then separate the ones proposed by the CRC.

Commissioner Carey stated she would like to know that since this mailing is coming from the County if it can show the three amendments that the Board placed on the ballot. She stated the County may not need to do mail outs at all and have it on the web site and the people can get the information from there.

Commissioner Van Der Weide stated the Board knows it is going on the ballot and they directed staff to come up with these brochures. He stated he will be supporting some of the amendments but not all. He said he feels that the more the Board talks about this, the more confused the voters will get, and that all of the amendments will probably fail.

Commissioner Carey stated it sounds like there is consensus to stick with the three charter amendments that this Board adopted.

Chairman Henley asked if there was consensus from the Board to mail out information on the three amendments and not go with the expense of all of them.

Commissioner Van Der Weide stated he would have to express opposition to that as he feels this would show so much disrespect to the CRC members.

Commissioner Dallari recommended including the mailings from the State Attorney’s office.

Commissioner Carey stated she doesn’t think they can get all of that information on paper.

Commissioner Morris stated he doesn’t understand what Question #9, Constitutional Officers subject to internal audit for certain County funds, is all about.

Motion by Commissioner Carey, seconded by Commissioner Morris to publicize only the three charter amendments proposed by the BCC.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide voted NAY.

Upon inquiry by Mr. Fisher, Commissioner Carey advised the three amendments proposed by the BCC would be included in the mail outs and all nine amendments would be placed on the web site but differentiate them.

CHAIRMAN’S REPORT

Chairman Henley stated there has been a vacancy on the Orlando Urban Area Transportation Study Citizens Advisory Committee, and Mr. Bill Fahey has indicated that he would love to serve on said committee.

Motion by Commissioner Morris, seconded by Commissioner Dallari to appoint Bill Fahey to the Orlando Urban Area Transportation Study Citizens Advisory Committee; and authorize staff to notify Harry Barley, Executive Director of Metroplan Orlando, of this nomination.

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

-------

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-228, as shown on page ________, commending Richard Harris for his services on the Orlando Urban Area Transportation Study Citizens Advisory Committee.

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

-------

Eileen Cowdney, President of the Seminole County 4-H Club, addressed the Board to express her appreciation for the Board’s support of the Seminole County 4-H Program. She stated their agent has worked very hard and it would be beneficial to have a second agent in Seminole County. She said she represents 23 4-H clubs and 4,800 4-Hers. She added they sent representatives to the district and state events and they learned a variety of educational materials and programs.

Commissioner Dallari stated he attended the annual awards presentation and he would like to see the annual awards be held at the BCC Chambers depending upon the scheduling. The Board voiced no objections.

-------

Chairman Henley submitted a letter (received and filed) from Richard Harris resigning from the Metroplan Orlando Citizens Advisory Committee. He asked the Board to consider nominating someone to fill that position.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 9/28/06 to attached list from Victoria M. Kroger, Office of Budget & Management Reporting Director-St. Johns River Water Management District, re: Transmission of FY 2006/07 Adopted Budget. (cc: Co. Manager, Deputy Co. Manager, Public Works Director, Stormwater Manager)

2. Notice of City of Lake Mary Public Hearing re: Vacating property on November 2, 2006. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning Manager, Development Review Manager)

3. Letter dated 9/22/06 to Chairman (with attachment) from Karen van Caulil, Executive Director-Health Council of East Central Florida, re: Attendance of Seminole County’s representatives on the Board. (cc: BCC, Co. Manager, Health Department Director)

4. Letter dated 9/25/06 to Chairman (with attachment) from Brian Stanger, District 5 Project Development & Environment Engineer – Fla. Department of Transportation, re: Upcoming public hearing regarding International Parkway/State Road 417 interchange on October 19, 2006. (cc: BCC, Co. Manager, Deputy Co. Managers)

5. Note dated 9/27/06 to BCC from Virginia Chadwick, 521 E. Third Street, Chuluota, FL, re: Eliminating front yard parking in Chuluota. (cc: Co. Manager, Deputy Co. Managers, Code Enforcement Manager)

6. Letter dated 9/27/06 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Notice of City of Sanford public hearing regarding annexation on October 23, 2006. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Property Appraiser, Supervisor of Elections)

7. Copy of letter dated 9/29/06 to Andrew Thomas (with attached form) from Gretchen Venn, Executive Assistant, re: Receipt of volunteer information form.

8. Memorandum dated 10/02/06 to BCC from Co. Manager re: Appointing Don Fisher as Acting County Manager during upcoming trip to New York on County business.

9. Copy of letter dated 9/29/06 to Ray Valdes, Seminole Co. Tax Collector (with attachment), from Cathy Collins, Budget Supervisor-Fla. Department of Revenue, re: Final 2006/07 budget and adjusted salaries for elected officials. (cc: Co. Manager, Deputy Co. Managers, Fiscal Services Director)

10. Letter dated 9/27/06 to Chairman from Linda Kuhn, Mayor-City of Sanford, re: Support of the 2006 Natural Lands and Trails referendum.

11. Copy of letter dated 9/27/06 to Cynthia Campbell, Publix Supermarkets, from Chairman re: Nomination to serve as a County representative on the Casselberry Community Redevelopment Agency Board.

12. Copy of letter dated 9/27/06 to Mayor Bob Goff, City of Casselberry, from Chairman re: Nominations to serve as County representatives on the Casselberry Community Redevelopment Agency Board.

13. Copy of letter dated 9/27/06 to Christopher Akers, United Methodist Church, from Chairman re: Nomination to serve as a County representative on the Casselberry Community Redevelopment Agency Board.

14. Copies of identical letters dated 9/28/06 to each Seminole Co. City Mayor from Chairman (with attachments) re: Support for the 2006 Natural Lands and Trails referendum.

15. Form letters dated 9/18/06 to BCC re: Opposition to the Brooks Lane rezone from Karen Cunningham and Dan Cunningham.

16. Contract for services, as shown on page ________, between Seminole Co. Government and the following: Jennifer Sovern (Scorekeeper) and Jessica Fiorenza (Scorekeeper).

17. Copy of letters with various dates from Kenneth Roberts, Director-Public Safety, re: Appreciation for recent donation to the following: James Higgins; Cathy Greene; Linda Juliao; Cornelia Dietzel; Harris Levine; Merri Wedemeyer; Eden Staton; and Don Johnson.

18. Letter dated 10/05/06 to Chairman from Diane Pickett Culpepper, Bright House, re: Upcoming free programming.

19. Copy of letter dated 10/03/06 to Cynthia Coto, Co. Manager, from Judy Sarullo, President – Pet Rescue by Judy, re: Request for assistance in new facility. (cc: Public Safety Director, Animal Services Manager)

20. Copy of letter dated 10/04/06 to Judy & Betsy Geiger from Joe Gasparini, Parks & Recreation Manager, re: Appreciation of recent donation.

21. Notice of City of Sanford Public Hearing for conditional use on October 19, 2006. (cc: BCC, Co. Manager, Deputy Co. Manager, Development Review Manager, Planning Manager)

22. Copy of letter dated 9/27/06 to Don Fisher, Deputy Co. Manager (with attachments), from Kenneth Wright, Shutts & Bowen, re: Tri-party agreement between Colonial Properties Trust, Lake Mary and Seminole Co.

23. Copy of letter dated 9/26/06 to Kirby Green, Executive Director-St. Johns River Water Management District, from Cynthia Coto, Co. Manager, re: Action plan for Central Florida Coordination Area. (cc: BCC)

24. Notice of application for increase in utility rates for Utilities, Inc. of Florida. (cc: BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Environmental Services Director)

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Carey advised she attended the Florida Association of Counties (FACo) 2005/2006 Legislative Policy Committee meetings. She reviewed some of the topics (Homestead Exemption) that were discussed as well as the impact that will occur if the Homestead Exemption is increased. She submitted a copy of the information (not received and filed) of what the negative effect will be. She stated Palm Beach County staff did an analysis and she has asked Ms. Coto to check with them to see what effect this increase would be.

Commissioner Dallari stated he feels it would be important to look at the dollar value from each of the cities as well.

Commissioner Carey stated she feels they should make all the cities aware of this situation so they can take a look at that.

-------

Commissioner Carey stated CALNO met last week and she would like to thank staff for setting up the meeting. She advised that Linda Watson, CEO, Lynx, gave a very informative presentation relative to funding.

-------

Commissioner Carey reported on the first domestic violence awareness luncheon held last Saturday. She stated the luncheon was very successful and they raised about $70,000 to go to Safehouse. She expressed her appreciation for everyone’s support.

Commissioner Morris stated this was a great start and he hopes it will become an annual event.

-------

Commissioner Dallari informed the Board that he and April Boswell, Planning Manager, will be meeting with the city of Oviedo staff on October 19 regarding the JPA and transitional areas.

-------

Commissioner Morris stated he and Commissioner Dallari spoke to the city of Winter Springs and the homeowners regarding the Jetta Point $10 million investment for the park improvements. The City Commission was very gracious and a solution was worked out with all the residents. He said the City authorized their attorney to vacate their process and allow a conditional use to occur within a governmental zoning category for parks. The City Commission reaffirmed that at their meeting last night. He stated the County will be going through an approval process in two public hearings to allow a conditional use of these two properties. He would like to get authorization to allow the County to develop the site plan. He stated he doesn’t want to spend more money on consultants until they are assured that this process is approved.

Bob McMillan, County Attorney, stated he will meet with Mr. Fisher to work out the steps they have to go through to get that accomplished.

Motion by Commissioner Morris, seconded by Commissioner Dallari to authorize staff to proceed and take whatever steps at the time Winter Springs gives appropriate authorization on Jetta Park.

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

-------

Commissioner Morris stated the Airport Authority is meeting today and they have an airport master plan and the land around the airport is not comprehensively in any overlay district or any airport HIP. He stated the County needs to meet with the city of Sanford and the airport to design an overlay district that would show what kind of density and uses (HIP TI) are in that area.

Commissioner Carey stated it has a lot of industrial and there should be commercial and other things around there in order to support the services that will come in.

Motion by Commissioner Morris, seconded by Commissioner Dallari to authorize staff to bring back at the next meeting a long-range plan to be discussed with the city of Sanford, and to bring back how the plan will go forward to an airport overlay development district.

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

Commissioner Carey stated she feels it is important that staff work with the city of Sanford.

Commissioner Morris stated he feels the city of Sanford would be a key partner on this effort.

-------

Commissioner Morris stated he went to New York on behalf of the Chairman to represent the County for the bond ratings before Standard & Poors & Moody’s. He stated staff did a phenomenal job in making the presentations. The other part would be about the water and sewer bond issue, 2006 series, and they requested an upgrade in both cases of the County’s credit. He said he feels they will have an answer on the water and sewer bonds rating in about one week; and if the County gets upgraded on that, it would take them to the second highest rating. He added Seminole County has asked that they be compared with the best in the nation. S&P indicated that they would compare Seminole County nationally. He said those ratings generally can take one to three months. S&P indicated that they would like to see Seminole County every two years.

Commissioner Carey stated one thing that is important is Seminole County needs to show up on a regular basis.

Ms. Coto stated they were very excited about a lot of the recent events that occurred in the County since they have last been up there. They were impressed with the initiatives that were going on and led by the BCC.

Commissioner Morris stated he would highly recommend sending as many board members who would like to go. Citi Corp. indicated that they would make available to the BCC any and all personnel to go through all the processes.

Chairman Henley stated each board member should have a copy of the report.

-------

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:04 p.m., this same date.

ATTEST______________________Clerk____________________Chairman

sm/er