expressed his appreciation to the Semin= ole Soil and Water Conservation District for being partners with them and allow= ing them to work in Seminole<= /st1:PlaceName> County. Maps and photographs of the Emerge= ncy Watershed Protection Projects were received and filed.

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&= nbsp; Motion by Commissioner Carey, sec= onded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-183, = as shown on page ________, proclaiming H.O.P.E. (Helping Our People in Emergencies) as an essential hurricane recovery resource in Seminole County.

&= nbsp; Districts 1, 2, 3, 4 and 5 voted AYE.

&= nbsp; The Board presented the Resolution to Maureen Webber and Irene Moses, who expre= ssed their appreciation and stated that if Seminole County ever gets hit by another hurricane, project H.O.P.E. will be there.

-------

&= nbsp; The Chairman recessed the meeting at 9:45 a.m., in order to convene the meeting= of the U.S.= 17-92 CRA Board. <= /span>

The Chairman reconvened the meeting of = the BCC at 9:48 a.m.

COUNTY= MANAGER’S CONSENT AGENDA

&= nbsp; Commissioner Carey requested that Item #14, Award RFP-4259-05, be pulled for a separate vote.

&= nbsp; Kevin Grace, County Manager, addressed the Board to advise of an Add-on, Item 9A,= BAR #06-08 in the amount of $17,452 and an Add-on, approval of $2,000 from Law Enforcement Trust Fund, Red Ribbon Campaign.

&= nbsp; Colleen Rotella, Community Resources Manager, addressed the Board to explain the Property Appraiser’s role in the process for Item #18, Intergovernmen= tal Work Agreement with UCF, and if the parcels are correctly numbered.

&= nbsp; Motion by Commissioner Carey, sec= onded by Commissioner Van Der Weide to authorize and approve the following:<= /o:p>

Environmental Services

S= olid Waste

4. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity, as shown on page _________, for Sun State Trees and Property Maintenance, Inc. to operate a yard waste recycling faci= lity in unincorporated Seminol= e County.

5. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity, as shown on page ________, for ARCA Recycling, Inc., to operate a recycling facility in unincorporated Seminole County.

6. Approve and authorize Cha= irman to execute Certificate of Public Convenience and Necessity, as shown on page _________, for Photographic Waste Control, Inc. to provide collection servi= ces for Special Waste and operate a Special Waste Collection Services and Processing facility in unincorporated Seminole County.

7. Approve and authorize Cha= irman to execute Certificate of Public Convenience and Necessity, as shown on page _________, for Orlando Waste Paper Company, Inc., to perform commercial collection services of waste in unincorporated areas of Seminole County.

MSBU

8. Authorize scheduling and advertising a public hearing for = the Oak Park (Belle Me= ade) Wall Reconstruction Municipal Services Benefit Unit for December 13, 2005 at 1:30 PM.

9. Authorize scheduling and advertising two public hearings f= or the purpose of adopting the consolidated Street Lighting District Ordinance= and adoption of a resolution establishing Seminole County’s intent to adopt the uniform method of collecting Non-Ad Valorem Assessments= on December 13, 2005 at 1:30 PM.

9A. Adopt appropriate Budget Amendment Resolution #2005-R-196, as sh= own on page ____, in the amount of $17,452 to establish a budget for FY 200= 5/06 of cash forward in the 4-H Council Agency Fund.

Purchasing

10. Accept and authorize Chairman to execute Certificate of Fi= nal Completion, as shown on page , of CC-1241-04/AJR – Markham Wa= ter Treatment Plant Expansion.

11. Accept and authorize Chairman to execute the Certificate of Final Completion, as shown on page , of CC-1246-04/TLR – E.E. Williamson Pedestrian Bridge.

12. Approve Ranking List, Authorize Negotiations and Award PS-5192-05/DRR – Master Agreement, as shown on page , for Yan= kee Lake Water Reclamation Facility and Re-Rate Professional Services to Boyle Engineering Corporation of Orlando, FL ($624, 000.00).

13. Award RFP-4258-05/BLH, as shown on page _, Substance Abuse Services to The Grove Counseling Center, Inc., Longwood (Not-to-Exceed $100,000.00 per year).

15. Approve Amendment #3, as shown on page __, to RFP-4168-02/BJC – Collection Services for Public Defender Liens/Finan= ce, Environmental Services Department/Utilities Division, Public Safety/Animal Control and EMS Divisions, and Library & Leisure Services Department to Merchants Association Collection Division, Inc., of Tampa, FL (Extend contract term until March = 1, 2006).

16. Approve Amendment #6, as shown on page , to RFP-4187-03/BJC – Performance Work Statement for Custodial Services f= or Miscellaneous County Buildings, to A1A Cleaning Service, Inc., Longwood, FL (Increase of $52,189.65/per year).

17. Appro= ve Amendment #9, as shown on page , to BD-260-01/BJC – HVAC Maintenance and Repair Agreement with the Trane Company of Orlando ($24,798.82).=

Planning & Development

Community Resources

18. Approve and authorize Chairman to execute the Intergovernmental Work Agreement, as shown on page , with the University of Central Florida to clean up and restructure the Seminole County land file and addressing database. <= /span>

19. 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: Luis Martinez; Christopher Butler; Hector Luis Lopez & Yashira Ortiz; Jorge Vargas; Jose & Janice Vargas; Annie R. Glenn; Matthew Lewis; Deanna &am= p; Michael Angevine; Jennifer Lynn Arce; Gloria D. Baskerville; Clara C. Ville= gas; Kathleen M. Pentz; Pamela Dubose; Sandra Gore; Joe A. & Thelma Jones (Second Mortgage); and Joe A. & Thelma Jones (Third Mortgage).

Development Review

20. Adopt appropriate Resolution #2005-R-184, as shown on page _, vacating and abandoning a portion of a Utility Easement located at= 867 Copperfield Terrace, Casselberry, Florida (Jason A. and Maria C. Aspinwall)= .

21. Adopt appropriate Resolution #2005-R-185, as shown on page __, accepting Warranty Deed, as shown on page , and cancelling property taxes for land donated as right-of-way on = County Road 46A, from Noel J. Woods= on, Sloan W. Carr and Dennis M. Woodson.

22. Adopt appropriate Resolution #2005-R-186, as shown on page , vacating and abandoning a portion of a platted utility easement located on the west side of Lot 29, Forest Creek Estates (Gary and Lynn Morris).

23. Adopt appropriate Resolution #2005-R-187, as shown on page , vacating and abandoning a 3.5 foot portion of a platted utility easement located at 1329 Avenue Del Sol (Phillip and Sharon Taff).

24. Adopt appropriate Resolution #2005-R-188, as shown on page= , vacating and abandoning the eastern most 6 ft. of a 10 ft. utility easement located at 454 Devon Place= within the Devon Green subdivision east of Heathrow Boulevard and west of International Parkway.

Planning

25.   &= nbsp;     Ap= prove and authorize Chairman to execute Interlocal Funding Agreement, as shown on page , for Fiscal Year 2005/2006 in the amount of $236,088.00 betwe= en Seminole County and the Orlando Urban Area Metropolitan Planning Organization, d/b/a/ MetroPlan Orlando.

Public Works

Engineering

26. Approve and accept a revised Exhibit “D”, as s= hown on page , CSX Transportation, Inc., Force Account Estimate, Proposed Crossing Layout Sheet and Crossing Warning Device Circuitry Sheet (C05A), as part of the Construction Agreement with CSX Transportation Inc., in conjunc= tion with the Airport Boulevard= , Phase II project. =

27. Adopt appropriate Resolution #2005-R-189, as shown on page _, accepting a Sidewalk Easement, as shown on page _, for the construction of a sidewalk along a portion of Sipes Avenue.

28. Adopt appropriate Resolution #2005-= R-190, as shown on page __, and authorize Chairman to execute a Locally Fund= ed Reimbursement Agreement, as shown on page , with the Florida Depart= ment of Transportation for the construction of U.S. Highway 17-92 from the Orange = County Line to Lake of the Woods Boulevard.

29. Adopt appropriate Resolution #2005-= R-191, as shown on page , and authorize Chairman to execute a Supplemental Local Agency Program (LAP) Agreement, as shown on page _, with the Florida Department of Transportation (FDOT) relating to reimbursement fundi= ng for the design and construction of the Seminole-Wekiva Trail Underpass at S= tate Road 434.

30. Approve and authorize Chairman to execute the Mitigation Credit Purchase Agreement, as shown on page __, for the State Road 434 widen= ing project from the Orange County Line to State Road 436.
Roads-Stormwater

31. Approve and authorize Chairman to e= xecute the Special Warranty Deed, as shown on page , for conveyance of property from BGM Mining, Inc. for approximately 73.2 acres fronting Brisson Avenue commonly known as Club II Borrow Pit.

<= /o:p>

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

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14.&nbs= p; Request to Award RFP-4259-05/BLH, Disaster Debris Planning and Support Management to Primary Contractor, Beck Disaster and Recovery Services, Inc. of Orlando, Florida,= and the Secondary Contractor to Malcolm Pirnie, Inc. of White Plains, New York, presented.

&= nbsp;   Commissioner Carey stated she doesn’t have a problem with the recommendation of th= e number one firm, but she would like to know why they would pick the number two fir= m when their cost is $638,000 more than the other firm involved in the final selec= tion. She stated she has some concerns w= ith selecting a firm that is much higher. She recommended considering the firm of Conklin Porter & Holmes.

&= nbsp;   Ray Hooper, Purchasing Manager, addressed the Board to state he has no problem = if the Board desires to award to the primary contractor and not have a seconda= ry contract. He stated this was = an RFP where price was only one of the evaluation factors.

&= nbsp;   Motion by Commissioner Morris, se= conded by Commissioner Carey to Award RFP-4259-05/BLH, as shown on page , = Disaster Debris Planning and Support Management to Primary Contract, Beck Disaster a= nd Recovery Services, Inc. of Orlando, Florida, and the Secondary Contract to = CPH Engineers, Inc.

&= nbsp;   Under discussion and upon inquiry by Commissioner Van Der Weide, Kevin Grace, County Manager, and David Gregory, Solid Waste, explained why subcontractors have not been = paid from FEMA for the debris collection services.

&= nbsp;   Commissioner Van Der Weide stated he feels a precaution should be placed in the contract= in order to protect the subcontractors. He stated he would like to have staff evaluate this so that subcontractors can get their money. He said he would also recommend that be placed in future contracts.<= o:p>

&= nbsp;   Robert McMillan, County Attorney, addressed the Board to s= tate there is a requirement by State law that the contractors have to post a bond. The County could place = that in as a provision requiring the contractors to post a bond so that if they = do not get paid they can go against the bond in an attempt to get their paymen= t.

Commissioner Van Der Weide stated he wo= uld be in favor of a bond payment provision being placed in the contract.&nb= sp; The Board voiced no objecti= ons to same.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

&= nbsp;   Motion by Commissioner Dallari, seconded by Commissioner Morris to authorize and approve the following:

CLERK’S OFFICE

32. Approval of Expenditure Approval Lists, as shown on page _, dated September 12 and 19, 2005; and Payroll Approval List, as s= hown on page , dated September 8, 2005.

33.&nbs= p; Approval of BCC Minutes dated September 13 and 14, 2005.

34.&nbs= p; Noting, for information only, the following Clerk’s received and filed. =

=

1.&= nbsp; Amendment #1, as shown on page , to Work Order #12 for PS-5165-04, HDR Engineering.

=

2.&= nbsp; Change Order #1, as shown on page , to CC-1252-04, Parthenon Construction = Co.

=

3.&= nbsp; Escheatment Tax Deeds, as shown on page , for Units 117, 218, 228, and 230, Ridgewood Villas A Condo.

=

4.&= nbsp; Amendment #1, as shown on page , to Work Order #15 for PS-5116-02, Metric Engineering, Inc.

=

5.&= nbsp; Work Order #14, as shown on page _, to CC-1203-03, Angel-Brite, Inc.

=

6.&= nbsp; Certificate of Final Completion, as shown on page _, for Work Order #6 to CC-1252-04, Stage Door II, Inc.

=

7.&= nbsp; Term Contract, as shown on page _, for IFB-3119-05, Central Florida Environmental Corp.

=

8.&= nbsp; Work Order #4, as shown on page , to PS-5131-02, Vanasse Hangen Brustlin, Inc.

=

9.&= nbsp; Change Order #3, as shown on page __, to CC-1221-03, APAC-Southeast, Inc.

=

10. Work Order #4, as shown on page _= ___, to RFP-4241-05, Guardian Equipment, Inc.

=

11. Memorandums to the BCC from County Manager Kevin Grace regarding Capital Project Fund Transfers for the Cross Seminole Trail, $17,137; JPP/SR 434 Sedimentation Basin, $8,101; CR 427, Ph= ase I, $100,000; Snowhill Road, $30,000; and Renovations for Fire Station, $39,= 880.

=

12. Work Order #8, as shown on page _= , to RFP-484-00, LA Consulting, Inc.

=

13. Resolution 2004-R-7, as shown on pa= ge , adopted on January 13, 2004 on behalf of Allen E. Keen, vacate and abandonment.

=

14. Work Order #16, as shown on page , to PS-5166-04, Starmer Ranaldi Planning and Architecture.

=

15. Basic Contract #M-0168-05, as shown= on page __, Peninsula Engineering, Inc.

=

16. Title Opinion, as shown on page _= _, for Lake Forest Section 15; Performance Bond for water and sewer in the amo= unt of $62,579.28; and Performance Bond for roads, streets, and drainage in the amount of $338,503.11.

=

17. Maintenance and Escrow Agreement, as shown on page , for Monroe Commerce Center South, Phase 3, and Cash Maintenance Bond in the amount of $5,880.

=

18. Maintenance and Escrow Agreement, as shown on page , for Legacy Academy and Cash Maintenance Bond in the amount of $1,582.60.

=

19. Maintenance and Escrow Agreement, as shown on page , for Monroe Commerce Center West, Phase 3, and Cash Maintenance Bond in the amount of $417.25.

=

20. Maintenance Agreement, as shown on = page , for Astor Farms, Phase 3, and Letter of Credit #P002433 in the am= ount of $54,382.44

=

21. Development Orders, as shown on page __, as follows: Michael= & Yvonne McCann, 119 Lake Rena Drive; Dana & Mona Roach, 623 Camellia Cou= rt; Morrison Homes, Inc., 5344 Pepper Brush Cove; Jill & Raymond Ormachea, = 3169 Floral Way East; Shiv & Sunita Bali, 1280 Rising Sun Blvd.; Bill & Donna Thrift, 1256 Marty Blvd.; Bruce Sellers, 4442 Radio Avenue; Brent Sma= rtt, Peace Valley Way, Lots 11 & 12; Brent Smartt, Peace Valley Way, Lots 9 & 10; Jon & Michelle Jones, 1595 Lawndale Circle; Rodriquez, 1297 V= an Arsdale Street; Nathan Spears, 2185 Oklahoma Avenue; Alfred Short, 1412 W. Brookshire Ct.; Carolyn Owji, McCarthy Avenue, Lot 10 and North ½ of= Lot 11; Carolyn Owji, McCarthy Avenue, Lot 12 and South ½ of Lot 11; Hearthstone, Lots 289 - 292; Scott Ryan, Pine Street, Lot 14; Gloria & Octavio Valle, 644 Alpine Street; Adam & Beth A. Frack, 1804 Pine Bay Drive; Scott Ryan, Pine Street, Lot 15; John Kiernan, 1570 Cochran Road; and Victor J. Selenica, 850 Lewis Place.

=

22. Title Opinion, as shown on page _= _, for Trails - Unit 2B; Performance Agreement and Letter of Credit No. 307613= 7 in the amount of $303,602.88.

=

23. Work Orders #5 and #6, as shown on = page ___, to PS-5174-05, Connect Consulting, Inc.

=

24. Satisfactions, as shown on page _= _, of Connection Fees for the projects known as Bentley Cove and Legacy Academy.

=

25. Conditional Utility Agreements, as = shown on page _, for water and sewer service with Rental Properties-Sanfo= rd LLC and MAG Development Co., Inc.

=

26. Letters of acceptance of the water systems and Bills of Sale, as shown on page _, for Monroe Commerce Center West, Phase 3, and Legacy Academy.=

=

27. Memorandum to Jerry McCollum from Assistant County Attorney Henry Brown regarding Direct Pay Request for S= eminole County v. Richards, et al.

=

28. Non-certified Tennis Pro Agreement,= as shown on page _, with Brandon W. Pike.

=

29. Work Order #23, as shown on page _, to PS-5165-04, Keith and Schnars, P.A.

=

30. Work Order #24, as shown on page __, to PS-5165-04, Inwood Consulting Engineers, Inc.

=

31. Work Order #45, as shown on page _, to CC-1212-03, Unipark Construction Corp.

=

32. Work Order #1, as shown on page , to RFP-4250-05, The Triece Company.

=

33. Work Order #40, as shown on page , to CC-1220-03, Rexel-Mader, Inc.

=

34. Term Contract IFB-3123-05, as shown= on page _, Dixie Lime and Stone Company.

=

35. Change Order #1, as shown on page _, to CC-1237-04, Schuller Contractors, Inc.

=

36. Title Opinion, as shown on page _, for Carriage Homes at Dunwoody Commons with attached miscellaneo= us recorded documents.

=

37. Work Order #3, as shown on page , to PS-5153-03, David Wickham & Assoc.

=

38. Work Orders #12 and #14, as shown o= n page ___, to CC-1262-05, JCB Construction, Inc.

=

39. Amendment #1, as shown on page = _, to Work Order #16, PS-5116-02, Keith and Schnars.

=

40. Basic Contract #M-498-05, as shown = on page ___, A. P. Wilson, Jr.

=

41. Change Orders #1 and #2, as shown o= n page _, to CC-1256-05, Intertech, Inc.

=

42. Memorandum to Michael Arnold, Roads/Stormwater Manager, from Assistant County Attorney Henry Brown regard= ing Direct Pay Request, Seminole County v. Townsend, et al.

=

43. Change Order #1, as shown on page _, to CC-1212-03, Corinthian Builders.

=

44. First Amendment, as shown on page _, to IFB-3110-05, Traffic Control Devices, Inc.<= /p>
=

45. Change Order #1 (Final), as shown o= n page _, to CC-1253-04, Cathcart Contracting Co.

=

46. Bids as follows: #2122-05; RFP-4262-05; #2123-05; IFB-3126-05; CC-0012-05; PS-0006-05; CC-0018-05; and RFP-0045-05.

=

SHERIFF’S OFFICE<= /span>

34A. Approval for the Sheriff’s Office to utilize $2,000.00 from the Law Enforcement Trust Fund to provide funding for the 2005 Red Ribbon Campaign. <= /p>

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

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&= nbsp;   Chairman Henley recessed the meeting at 10:05 a.m., reconvening at 10:11 a.m.

REGULAR AGENDA<= /span>

&= nbsp;   April Boswell, Planning, addressed the Board to present request for reduction of = Code Enforcement Board lien in the amount $2,500 (Case #01-45-CEB) for property located at 1435 Oxford Roa= d, Maitland, Florida<= /st1:State>, Elba Corretjer. She stated the applicant indicated that she was not aware of any fines imposed on her and = the payment would case a great financial hardship on her. Staff is recommending that the Boa= rd approve a reduction of the lien from $2,500 to $969.08 and that amount would incorporate the $250 imposed by the Code Enforcement Board. Staff is recommending that amount = be considered with the administrative costs of $719.08. Staff has based this recommendatio= n on the fact that the respondent is elderly and she has very limited income. Staff further recommends that this amount be paid within 30 days or the fine will revert back to the original = lien amount of $2,500.

&= nbsp;   Chairman Henley pointed out that in the backup it shows that the Code Enforcement Bo= ard hearing was held on April 26, 2001 and the respondent was ordered a complia= nce date of April 30, 2001. He st= ated he would like to know how the respondent could enter into a contract and get the pool done in four days.

&= nbsp;   Upon inquiry by Chairman Henley, Ms. Boswell advised if the Board would like to impose a 60-day time frame for the respondent to pay, staff would certainly= do that.

&= nbsp;   Commissioner Henley recommended approving a reduction to the Code Enforcement Lien to $969.08 and authorize staff to work out a payment plan with the respondent.=

&= nbsp;   Motion by Commissioner Van Der We= ide, seconded by Commissioner Dallari to approve a reduction to the Code Enforce= ment lien, which totals $2,500, on property located at 1435 Oxford Road, Maitlan= d, Elba Corretjer, owner, Case #01-45-CEB to $969.08; authorizing staff to work out a payment plan with the respondent; and authorize Chairman to execute t= he Satisfaction of Lien, as shown on page .

&= nbsp;   Under discussion and upon inquiry by Commissioner Carey, Commissioner Henley advi= sed he has no problem approving a reduction from $2,500 to the estimated cost of $719.08.

&= nbsp;   Commissioner Van Der Weide amended his motion to approve a reduction of $719.08 for processing Case #01-45-CEB, Elba Corretjer.
&= nbsp;   Commissioner Dallari concurred with the amendment.

&= nbsp;   Commissioner Morris stated the Board needs to take into account the age and income. He stated there have been serious violation issues relating to drownings and the Board needs to be very firm = on matters like this. He recomme= nded a payment of $72 a month be considered for the respondent.<= /p>
&= nbsp;   Commissioner Van Der Weide stated as long as the problem is corrected, he doesn’t = care how long it takes unless there is not an initiative being shown to pay this= .

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

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&= nbsp;   Ms. Boswell presented request for a reduction to the Code Enforcement Board lie= n from $5,700 to the estimated administrative costs of $625.57 for processing Case #03-52-CEB on the property located at 2005 W. Osceola Road, Oviedo, Oscar and Bernice K. Duncan, owners. She stated the respondents are requesting that the lien be released = based on the fact that they do not understand how to correct the violation, they = have limited income, and they cannot afford the lien imposed. Staff recommends a reduction of th= e lien to the administrative cost of $625.57, the cost of processing Case #03-52-C= EB based on the respondents being elderly, respondents may not have understood= the violations; and the respondents having a limited income. Staff further recommends that this amount be paid within 30 days or the fine will revert back to the original = lien of $5,700.

&= nbsp;   Motion by Commissioner Morris, se= conded by Commissioner Van Der Weide to waive all fines to the Code Enforcement li= en of $5,700 on property located at 2005 W. Osceola Road, Oviedo, Oscar/Bernice Duncan, Case #03-52-CEB; and authorize Chairman to execute the Satisfaction= of Lien, as shown on page __.

&= nbsp;   Under discussion, Commissioner Morris stated he believes the respondents truly did not understand and know what was happening. He stated he would like the Code Enforcement Board to be informed of why the Board is taking these actions.<= o:p>

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&= nbsp;   David Medley, Community Assistance, addressed the Board to present request for approval of Community Service Agency (CSA) Partnership Grant funds in the amount of $1,200,000; and to authorize the Chairman to execute contracts wi= th the approved agencies. He sta= ted he would like to make the following correction in the agenda memorandum: the third bullet indicates 22 agen= cies are recommended and it should be 23 agencies. He said eight individuals served a= s a review team and they spent a number of hours reviewing the applications. He submitted a summary (received a= nd filed) of each agency showing the percentage of government funding for their overall budget. He added not = all of the agencies received what they requested and not all of them were recommen= ded for funding.

&= nbsp;   Chairman Henley explained the process of the agencies coming before the Board for funding and how it has changed over the last few years.
&= nbsp;   Upon inquiry by Commissioner Van Der Weide, Mr. Grace explained how they came up with a total amount of money. He stated there has been an 18% increase from the previous year. The intent was not to take the ent= ire flexibility away from the Board, to give a staff recommendation. He said but the Board would need t= o stay within the budgeted amount and allocate those dollars among those agencies = that have requested funds. The Boa= rd still has flexibility and they do not have to accept what staff is recommending.

&= nbsp;   Chairman Henley stated this is not all the money that this Board gives to the commun= ity for the needy as there are other funds that are utilized. He stated perhaps the Board needs = to continue to do a better job of letting the community know where the funds a= re going.

&= nbsp;   Commissioner Carey stated she would like to know how much of the funds the agencies are getting come from the government for their budget. She stated the policy has been tha= t if there are any funds left over at the end of the fiscal year, they would go = back into the General Fund. She sa= id she would like to leave those funds in the community service fund and carry it forward.
&= nbsp;   Chairman Henley stated there have been discussions relating to these agencies not be= coming fully dependent upon the County but becoming more self-supporting. He stated he doesn’t have a problem with carrying forward, but it needs to be reviewed at budget time.<= o:p>

&= nbsp;   Commissioner Morris stated the policy of having the presentations to the BCC was discontinued a number of years ago. He stated the Board has to put themselves in the balance by various needs. A number of these agen= cies are doing such good work in the community and if government had to pick the= m up, the cost would grow dramatically. He said he believes it is important that they be prudent and they ne= ed to have a hands-on approach. = Discussion ensued.

&= nbsp;   Upon inquiry by Commissioner Carey, Kelly Metcalf, Community Assistance, address= ed the Board to state all of the agencies receive on or off-site reviews. The off-site review is required by= all the agencies. The agencies th= at receive an overall performance score of 80% or better will go into a monito= ring pool. They are able to stay i= n the monitoring pool up to 4 years as long as they maintain an 80% score through= out the year. <= /p>
&= nbsp;   Mr. Medley informed Chairman Henley that the audits are part of the application process. The Budget is looked= at it in terms of the services they provide in accordance with the per service co= st.

&= nbsp;   Ms. Metcalf stated when an on-site review is done, monthly reports are looked a= t to make sure that the monies are going toward serving <= st1:PlaceName w:st=3D"on">Seminole County residents and the intended purpose in the contract.

&= nbsp;   Commissioner Morris stated the issue is that certain small agencies are not going to be = able to comply. The other good thi= ng is the Board has probably eliminated some agencies who probably shouldn’t have received funds. He state= d he feels they have a good process now and he doesn’t think they should a= dd anymore requirements.

&= nbsp;   Motion by Commissioner Dallari, seconded by Commissioner Carey to approve distribution of CSA Partnership G= rant funds in the amount of $1,200,000; and authorize the Chairman to execute Contracts, as shown on page , with the approved agencies.

&= nbsp;   Under discussion, Commissioner Carey stated she would like to discuss the policy = of excess funds coming back. She stated she would like staff to bring back some language on that.=

&= nbsp;   Commissioner Morris amended the main motion= to include that staff be directed that, in the future, all funds that are not expended= or released to an agency will stay in the budget and the budget shall increase= by that amount. Commissioner Dal= lari agreed to the amendment to the motion.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

&= nbsp;   Mr. Grace stated staff will figure out how much is left over and they will brin= g it back to the Board for allocation.

Upon inquiry by Chairman Henley, Mr. Me= dley advised staff is still working with the YMCA to obtain their reimbursement request. He said it has been difficult. The YMCA is perfor= ming services but not at the level they had anticipated in the grant.

Chairman Henley stated the intent of th= at will be retroactive.

&= nbsp;   Commissioner Morris stated the Chairman may want to brief the Board members on the deliv= ery of those services.

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&= nbsp;   Jeff Hopper, Planning, addressed the Board to present request to approve the Fin= al Master Plan and Developer’s Commitment Agreement for International Parkway Village PUD located on the southeast corner of International Parkway and Wayside Drive, Nick Everly/CPH Engineers. He stat= ed the applicant is proposing two office buildings on the site consisting of 6,000= and 10,000 sq. ft. in size. The property received approval for PUD zoning in November 2004. The applicant is providing buffers adjacent to residential properties to the east and south to consist of a 6-= ft. PVC fence and 4 canopy trees per 100 ft.

&= nbsp;   Commissioner Morris stated he doesn’t think the PVC fence is appropriate in this area. Since this is a quality commercial project, he doesn’t feel they should be downgrading it to = that level.

&= nbsp;   Mr. Hopper continued his presentation by stating the building elevations are included for the Board to review and staff recommends approval of the reque= st subject to the conditions in the developer’s commitment agreement.

&= nbsp;   Commissioner Carey stated the zoning was approved before she was on the Board and one it= em that concerns her is the cross access easement. This also has one way in and out o= n International Parkway and once the property to the south is developed, it will have access onto <= st1:Street w:st=3D"on">International Parkway. She doesn’t think that is an appropriate requirement. She = stated the PVC fence is an issue where that area has invested a lot of money into = the Gateway corridor. She feels a= brick wall would be more appropriate.

&= nbsp;   Motion by Commissioner Carey, sec= onded by Commissioner Van Der Weide to approve the Final Master Plan and Developer’s Commitment Agreement for International Parkway Village PUD located on the southeast corner of International Parkway and Wayside Drive, Nick Everly/CPH Engineers, subject to removing the cross access easement re= quirement and changing the PVC fence to a brick wall.

&= nbsp;   Under discussion and upon inquiry by Commissioner Morris, Mr. McMillan advised if= the access easement is a condition of the PUD, it cannot be waived in the final master plan. The PUD agreement needs to be amended in order take out the requirement for a cross access easement and another public hearing must be held.

&= nbsp;   Mr. Hopper stated the PVC fence and joint access are part of the development or= der.

&= nbsp;   Upon inquiry by Commissioner Morris, Nick Everly, Conklin, Porter & Holmes, addressed the Board to explain why they have committed to a PVC fence. He stated he anticipates all of the surrounding area to be commercial or upgraded. The criteria for the fence is beca= use it is next to residential. The applicant does not want to put up masonry walls. The applicant is looking at buying= some of the surrounding area and he doesn’t want to construct walls and th= en have to remove them when another development comes in on the other side.

&= nbsp;   District Commissioner Carey stated in her opinion if the applicant is going to purch= ase additional property, he can come back in at some point asking to be relieve= d of the requirement of the wall. = She stated this is in the Gateway standard and if the other area is transitioni= ng, she feels a brick wall would still be more attractive.

&= nbsp;   Commissioner Morris stated if it is not a voluntary commitment from the applicant, he wo= uld suggest that they continue this item.

&= nbsp;   Anthony Zanca, property owner, addressed the Board to state the adjacent property is agriculture, but it is up for sale. Each of the property owners nearby is looking to sell their property because of the location and the value.&nbs= p;

&= nbsp;   Upon inquiry by Commissioner Carey, Mr. Zanca advised he would be willing to upg= rade the fence from PVC to a brick wall.

&= nbsp;   Commissioner Morris stated if the earlier public hearing required a cross access agreeme= nt, that can be required without having the cross access built. That can be done by having the are= a on the site plan show it is there. When the southern property owner comes in for a public hearing, a joint public hearing on relieving the cross access agreement can be held at that time. The applicant does not have to con= struct it, but have the ability to do it.

&= nbsp;   Mr. McMillan stated the only commitment in the development order is the applica= nt shall make provisions for joint and/or cross access with the property to the south. It doesn’t have = to be constructed, but it has to be able to be done.

&= nbsp;   Commissioner Carey withdrew her motion. Commissioner Van Der Weide withdrew his second.

&= nbsp;   Motion by Commissioner Carey, sec= onded by Commissioner Van Der Weide to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page , for International Parkway Village PUD located on the southeast corner of International Parkway and Wayside Drive, Nick Everly/CPH Engineers, subject= to staff’s findings, with the commitment of the applicant building a 6 ft. brick wall = in lieu of a PVC fence, including the discussion relating to the cross access easement.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

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&= nbsp;   Mr. Hopper presented request to approve the Final Master Plan and DeveloperR= 17;s Commitment Agreement for Cameron Heights PUD, located north of SR 46, south= of Celery Avenue, east of Sipes Avenue, and west of SR 415, Tom Daly. He stated a multi-use development will include single family and townhouse residences, light industrial and commercial uses are being proposed. This development received approval= in May 2005 as a rezone from Agriculture, Industrial, Retail Commercial and Re= tail Commercial to PUD and a Large Scale Land Use Amendment to the Vision 2020 Plan. The project consists of= 572 single-family units, 330 townhouse units, 6-acre retail commercial area, an= d an 8.4 acre business park, which includes a mixture of office, light industrial and commercial uses. The prop= osal will include a 30-acre elementary and middle school site. The proposed development will have= major entrances on Celery Avenue= , SR 415, and SR 46 by way of Cameron Avenue. Internal project circulation is provided by a combination of new and existing roads, with the east entrance on SR 415 serving 6 acres of commerc= ial property. Beardall Avenue will also provide a= ccess to internal areas of the PUD including the school site. Public facilities have adequate ca= pacity, or will have adequate capacity, to serve a development of this size at the = time its impacts occur. The City o= f Sanford will prov= ide potable water and sewer service. Staff recommends approval of the request subject to conditions in the Developer’s Commitment Agreement.&nb= sp; He submitted a revised agreement (received and filed) with correctio= ns on the second page relating to the sound attenuation, construction of homes= and avigation easements.

&= nbsp;   Upon inquiry by Commissioner Dallari, Dwight Saathoff, addressed the Board to ad= vise he has earnestly been trying to figure out how they can use the affordable housing program into this project. <= /span>

&= nbsp;   Commissioner Morris stated he doesn’t believe more affordable housing is needed on= the north side.

&= nbsp;   Mr. Saathoff stated they have been working with builders that have started putt= ing together the type of product they want to put there. The lowest price for housing is $2= 25,000 and the SHIP program puts a cap on the value of homes that can be subsidize= d at $160,000. The residents who h= ave a low-income or very low-income would not be able to afford the mortgage payment. He stated the County= has an active program in the Midway area and he is willing to make a contributi= on to that program.

&= nbsp;   Upon inquiry by Chairman Henley, Mr. Saathoff advised the price range will be fr= om $225,000 to $450,000.

&= nbsp;   Commissioner Carey stated she feels that this will be a wonderful project and it will tr= ansform that area. She stated the app= licant is willing to work with the School Board and she believes they have done an excellent job in working out the details.

&= nbsp;   Mr. Saathoff pointed out that there were some changes to the developer’s commitment agreement and the one thing that was not in the current draft ha= s to do with the phasing. He state= d he wants to make it clear that they don’t have to wait for the school to= be constructed in order to begin development of the project.=

&= nbsp;   District Commissioner Carey stated she would like to change the language in the developer’s agreement that the garage shall not be converted to living areas.

&= nbsp;   Mr. Saathoff stated he has no problem with that.

&= nbsp;   Motion by Commissioner Carey, sec= onded by Commissioner Morris to approve the Final Master Plan and Developer’= ;s Commitment Agreement, as shown on page , for Cameron Heights PUD, located north of SR 46, south of Celery Avenue, east of Sipes Avenue, and w= est of SR 415, Tom Daly, with the amendment to Commitment W that garages shall = not be converted to living spaces, subject to the changes made by staff regardi= ng the language on the attenuation and the avigation easement.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

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&= nbsp;   Meloney Lung, Support Services, addressed the Board to present request to approve l= and purchase for expansion of Five Points relating to Parcel 22-20-200-0060-0000. She stat= ed the budget contemplates $1,770,000 allocated for land purchases in fiscal year 2005/2006. This funding was d= erived primarily from reducing the scope of renovations to the Civil Courthouse. Link Holdings is willing to sell t= he property and staff is in the process of obtaining an appraisal. Mr. & Mrs. Lackey has agreed t= o assign the second property to the County for $165,000.

&= nbsp;   Jamie Croteau, Administrative Services Director, addressed the Board to explain f= or Commissioner Carey the source of funding.&= nbsp; She stated staff is requesting that this be included in the Sales Tax Revenue Bonds resolution that is being presented after this item.

&= nbsp;   Commissioner Van Der Weide stated he would recommend Option #3.

&= nbsp;   Motion by Commissioner Van Der We= ide, seconded by Commissioner Carey to authorize staff to proceed with securing = both parcels which includes entering into negotiations for purchase of Parcel #2= 2-20-30-200-0060-0000 owned by Link Holdings, Inc., after completion of the appraisal; and author= ize Chairman to execute the Purchase and Assignment Agreement, as shown on page , with GGM for $165,000, and to proceed with the purchase for Parce= l #22-20-30-200-0060-0000 with the assignment of contract between GGM and Mr. & Mrs. Lackey for $1,500,000.

&= nbsp;   Under discussion, Commissioner Morris stated he doesn’t believe a funding source should be identified at this time as they are in a preliminary phase= and they do not have an appraisal. He stated he agrees with the motion maker but he would like the funding source= to come back to the Board.

&= nbsp;   Commissioner Carey stated if they overshoot the bonding for the jail, they may end up not having as many increases as anticipated and they would have enough money for the bonding issue. This prope= rty is an important piece and they should be able to find the money to purchase it. She said she would support pursuing both of the parcels.

&= nbsp;   Commissioner Van Der Weide stated the Board needs to move forward with both parcels even= if it takes addressing the bonding for the jail.

&= nbsp;   Chairman Henley stated he supports moving forward with negotiations for the purchase= of the parcel owned by Link Holdings after completion of the appraisal, but do= es not believe the second parcel is critical.= Therefore, he will not be supporting the motion as stated.

&= nbsp;   Commissioner Van Der Weide stated once the public knows the government is interested in = the area, there are going to be a lot of speculators out there.

&= nbsp;   Chairman Henley stated he doesn’t think the one parcel is as crucial as the ot= her one.

&= nbsp;   Commissioner Carey stated she feels both parcels are important and the Board has been talking about land in that area for a long time. If the Board sees that parcel is e= xcess property, then they can sell it for a profit.

&= nbsp;   Commissioner Van Der Weide stated he feels the Board needs to move forward with the purc= hase.

&= nbsp;   Chairman Henley stated he agrees with the point that Commissioner Van Der Weide just made, but he still doesn’t feel that it is crucial on what needs to be done out there. That is a fro= ntage piece of property that will pay the County more taxes than what they are pa= ying out.

&= nbsp;   Districts 1, 2, 3 and 5 voted AYE.

&= nbsp;   Commissioner Henley voted NAY.

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&= nbsp;   Lisa Spriggs, Fiscal Services Director, and Gary Akers, Stifel, Nicolaus & C= o., Inc., addressed the Board to request adoption of a Bond Resolution authoriz= ing the issuance of the Sales Tax Revenue Bonds, Series 2005, for funding of the jail expansion/renovation project; and refunding the Series 2001 Sales Tax Revenue Bonds.

&= nbsp;   Commissioner Van Der Weide left the meeting at this time.

&= nbsp;   Gary Akers submitted a summary of the potential refunding (received and filed) a= nd he reviewed the following: Refunding Savings Summary and Details of the Bonds to be Refunded.

&= nbsp;   Commissioner Van Der Weide reentered the meeting at this time.

&= nbsp;   Mr. Akers continued by reviewing the Interest Rates Trend in the Market; 10-year Bond Market Data; and the Daily AAA Yields.

&= nbsp;   Mr. Akers discussed with Commissioner Morris what his recommendation would be on the bonds being reissued as non-callable.&= nbsp; Discussion ensued relating to the interest rates.<= /p>
&= nbsp;   Mr. Grace stated if the Board is comfortable going from a callable issue to a non-callable, he would suggest authorizing staff to go forward with the refunding, but set the 3% savings as a standard. Discussion ensued.

&= nbsp;   Mr. Akers stated if they cannot achieve a 3% savings threshold in the market ne= xt week, then they will probably have to set the refunding aside and go ahead = with the new money portion. <= /o:p>

&= nbsp;   Commissioner Morris stated it would make sense to have the County Manager and Mr. Akers consult with one another.

&= nbsp;   Mr. Akers stated the bond resolution has 3% in it and he would suggest that the Board give them a little margin.

Mr. Grace stated if the Board will trus= t his judgment in consultation with the Chairman, he will do that.

&= nbsp;   Motion by Commissioner Morris, se= conded by Commissioner Carey to adopt Resolution #2005-R-192, as shown on page _, authorizing the issuance of the Sales Tax Revenue Bonds, Series 2005, for funding of the jail expansion/renovation project; and refunding t= he Series 2001 Sales Tax Revenue Bonds, with a 3% cap with the County Manager = to consult with the Board.

&= nbsp;   Under discussion, Commissioner Carey asked if the motion maker would be willing to give 10% flexibility on the $32 million.

&= nbsp;   Upon inquiry by Commissioner Morris, Ms. Croteau advised staff is concerned that= with the way the market is going, by the time they get it designed, it is going = to have an increase over the $32 million.&nbs= p; She stated staff is going to try to stick with that amount.

&= nbsp;   Ms. Spriggs advised the resolution is written up to $35 million.

&= nbsp;   Mr. Grace suggested adding $3 million.

&= nbsp;   Attorney John Stokes, Nabors & Giblin, addressed the Board to state what they ha= ve is a delegated award resolution and they would like to keep the parameters fairly tight in order to allow the Board to do a delegation. This would allow not having to com= e back to the Board and to be able to react to the market. The language can be modified in the resolution to say that the target of the Board is 3% but upon the advice of= the financial advisor, that number may be shorter than that, but in no event le= ss than a particular number.

&= nbsp;   Ms. Spriggs stated within the resolution it states $78 million and that will accommodate them upping the actual issuance by about $2.5 to $3 million.

&= nbsp;   Commissioner Morris reiterated his motion to adopt the Bond Resolution authorizing the issuance of not exceeding $78 mil= lion for the purpose of funding the jail expansion/renovation projection; and refunding of the Series 2001 Sales Tax Revenue Bonds; with a target of a 3%= cap and with the flexibility going down to 10% as a floor below the 3%, which i= s 2.7%.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

COUNTY= MANAGER’S BRIEFING

&= nbsp;   No Report.

COUNTY= ATTORNEY’S BRIEFING

&= nbsp;   Mr. McMillan stated he received a request from Holland and Knight, who is the County&#= 8217;s disclosure counsel for bond matters. He stated they are representing Wachovia Bank in an eminent domain action and they wanted to clear the fact that they do not have a conflict of interest. He stated he doesn’t see a conflict and since the County is the client, he needs authorization from the Board to notify Wachovia Bank that they do not have a conflict.

&= nbsp;   Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize the County Attorney to notify Holland & Knight, the County’s disclosure counsel, that= the County does not see a conflict with them representing Wachovia Bank.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

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&= nbsp;   Mr. McMillan informed the Board that Steve Lee, Deputy County Attorney, is quasi-retiring at the end of October and he is going to be serving as the t= own counsel for the Town of Micano= py.

------

&= nbsp;   The Chairman recessed the meeting at 12:00 noon, reconvening at 1:30 p.m. with = all Commissioners (Commissioners Dallari and Morris entered late) and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

&= nbsp;   Motion by Commissioner Van Der We= ide, seconded by Commissioner Carey, to authorize the filing of the proofs of publication for today’s scheduled public hearings.<= /p>
&= nbsp;   Districts 3, 4 and 5 voted AYE.

&= nbsp;   Commissioner Dallari entered the meeting at this time.

PUBLIC HEARINGS

VACATE AND ABANDON/WILLIA= M H. &

BONNIE L. COMPTON

&= nbsp;   Proof of publication, as shown on page _, calling for a public hearing to consider vacating and abandoning a portion of the unimproved public rights-of-way known as Teagarden Street and Rockwood Circle; rights-of-way = are located approximately 150 feet east of Virginia Avenue and approximately 95 feet south of White Oak Drive, William H. and Bonnie L. Compton, received a= nd filed.

&= nbsp;   Commissioner Morris entered the meeting at this time.

&= nbsp;   Cynthia Sweet, Planner, addressed the Board to present the request, stating staff recommends adoption of the Resolution by the Board to vacate and abandon the public rights-of-way as requested by the applicant.

&= nbsp;   Applicant, Bonnie Compton, addressed the Board to state she had nothing to add to the staff report.

&= nbsp;   No one spoke in support or in opposition.

&= nbsp;   Speaker Request Form was received and filed.

&= nbsp;   Motion by Commissioner Van Der We= ide, seconded by Commissioner Carey, to adopt appropriate Resolution #2005-R-193= , as shown on page_, vacating and abandoning that portion of the unimproved public rights-of-way known as Teagarden Street and Rockwood Circle, located approximately 150 feet east of Virginia Avenue and approximately 95 feet so= uth of White Oak Drive; as described in the proof of publication, William H. and Bonnie L. Compton.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

MIRROR LAKE PCD MAJOR

AMENDMENT/JOHN PERCY

&= nbsp;   Proof of publication, as shown on page _, calling for a public hearing to consider a major amendment to the Mirror Lake PCD (Planned Commercial Development), per the Addendum to the Developer’s Commitment Agreemen= t, for a 1.7-acre site located on the southeast corner of SR 436 and Bear Lake Road, John Percy, received and filed.

&= nbsp;   Jeff Hopper, Senior Planner, addressed the Board to present the request, stating staff recommends approval of the major amendment to permit 24-hour deliveri= es on Lot 1 of the Mirror Lake Commercial Center PCD, subject to Addendum #2 of the Developer’s Commitment Agreement requiring that deliveries be made through primary building entrances on the northeast or west sides of the building and that delivery trucks access the site only from SR 436.

&= nbsp;   Attorney Frank McMillan, 665 N. Wymore Road, representing the Florida Conference of Seventh-Day Adventists, property owner, addressed the Board to state the original development order contemplated that there would be a 24-hour conve= nience store on Lot 1, but apparently they did not consider at that time that norm= ally a 24-hour convenience store gets newspapers and doughnuts in the early hour= s of the morning and have some deliveries during the night hours. He said this would be only across = the front of the property with trucks limited to 25 feet and would not affect t= he other three lots. He said the= noise level would be less than 4x4 diesels and less than emergency vehicles leavi= ng Lot 1 in the middle of the night, once the fire sta= tion is relocated.

&= nbsp;   District Commissioner Van Der Weide stated the Board went through this originally in minute detail and satisfied every request they possible could and now the applicant has come back with this amendment. He said he doesn’t see this = as a major amendment.

&= nbsp;   Chairman Henley stated the concern at the time was dropping off at the back of the building and the applicant doesn’t plan to do that.=

&= nbsp;   No one spoke in support or in opposition.

&= nbsp;   Speaker Request Form was received and filed.

&= nbsp;   Motion by Commissioner Van Der We= ide, seconded by Commissioner Morris, to approve the Mirror Lake Planned Commerc= ial Development Major Amendment, per the Addendum, as shown on page _, to= the Developer’s Commitment Agreement, for a 1.7-acre site located on the = southeast corner of SR 436 and Bear Lake Road; as described in the proof of publicati= on, John Percy.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

VACATE AND ABANDON/LONNIE= GROOT

FOR ARTHUR EVANS<= /o:p>

&= nbsp;   Proof of publication, as shown on page _, calling for a public hearing to consider vacating and abandoning a portion of the unimproved public rights-of-way known as Palm Avenue and Elm Street, in Section 26, Township = 20 South, Range 31 East, Lonnie Groot, representative for Arthur Evans, receiv= ed and filed.

&= nbsp;   Ms. Sweet presented the request, stating staff recommends the Board adopt the resolution to vacate and abandon as requested. Ms. Sweet submitted copies (receiv= ed and filed) of letters from the utility companies stating no objections to the request.

&= nbsp;   Attorney Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partl= ow, representing the applicant, addressed the Board to state they concur with t= he staff recommendations. He adv= ised of the letter (copy received and filed) dated October 6, 2005 from the St. Johns River Water Management District stating they also concur with the vac= ate.

&= nbsp;   Jim Logue, 3205 Elm Street, addressed the Board to state in the long range view of things, they are try= ing to stick with the Comprehensive Plan and develop the Black Hammock as platted. He showed a map and = said vacating the rights-of-way would cut off access to three platted lots. In the future if the rural boundary holds, those lots would be saleable lots.&= nbsp;

&= nbsp;   Upon inquiry by Commissioner Morris, County Attorney McMillan said if the Board vacates a road and that land-locks the parcels, there is a claim the people could pursue. This would be an inverse condemnation.

&= nbsp;   Ms. Sweet stated following the map, all the property north of Palm Avenue is owned by the St. Joh= ns District and staff has a letter from St. Johns consenting to the vacate request. She said she did not find any reco= rd of property outside of the St. Jo= hns jurisdiction.

&= nbsp;   Mr. Logue said this action would take away the privilege of some future owner to buy and have access to the lot. He said Mr. Evans owns the lots.

&= nbsp;   Mr. McMillan stated if the applicant owns the lots that would be subsequently c= ut off, then the County is doing what the applicant asked the County to do.

&= nbsp;   Mr. Logue stated he spoke to Mr. Evans about this yesterday and Mr. Evans said = he had not thought about it.

&= nbsp;   Mr. McMillan said if the applicant comes in to plat in the future and wants to = plat the right-of-way to provide access, he could cure his own problem.

&= nbsp;   Mr. Logue said the other issue is at the very end of Elm Street is one of the few canals= that goes all the way to the shore line. If someday anyone wanted to make a boat ramp, he could not do it if = this part of Elm Street is abandoned.

&= nbsp;   Chairman Henley stated if the St. Johns District ever wanted to put in a boat ramp, = they would have to provide access.

&= nbsp;   Mr. Logue explained the reason there is no traffic in this area is because Mr. Evans has a locked gate there. He said he is not in favor of taking the gate down. His point is staff has said the ro= ad is not being used, but it’s not being used because the gate is locked. He thinks this is not a reason to abandon the road that belongs to the people of Seminole County that is of advantage to them and may be an advantage in the future. He advised Chairman Henley that Mr. Evans owns the lots on both sides of Elm Street. Mr. Logue said if this was a problem, he would be in favor of the vacate, but this is not a problem.

&= nbsp;   Donald Peterson, 3585 Canal Stree= t, addressed the Board to state many times in the past 20 years there have been occasion where he could not get down Canal Street. He said Palm Avenue= over to Elm Street is an escape route, so there is a need for egress and ingress at certain times. For the first 11 or 12 years, the gate Mr. Logue referenced was open and the people who lived there used Elm Street. After Elm Street was blocked off, now eve= ryone uses Canal Street, which goes by his property. T= hat is of great concern to him. He s= aid if emergency vehicles need to get in and can’t get down Canal Street or he can’t get = down the street, he thinks that causes a problem. He thinks they need to keep the ro= ad open to the availability of emergency vehicles and him. He said the staff’s main con= cern is to block off the road because no one uses it, which is really not true.<= span style=3D'mso-spacerun:yes'> The reason people don’t use = it is because the road is gated off. He said there are people who would like to use the road. He pointed out that bicyclers, hik= ers, horseback riders should be allowed to use the road. He said Mr. Evans indicated they w= ere going to block off the road because of citrus canker being spread. However, he said due to the huge a= mount of traffic going to the rental house in the area, he doesn’t think ci= trus canker is the real concern. H= e said there is a citrus spray machine available, but no one uses it. He said the pump works, but the ho= ses don’t work. He submitte= d two pictures (received and filed) showing the hose buried under dirt with a non-functioning hose nozzle. = He said there are no chemicals hooked up to the pump, so that can’t be t= he reason for the vacate of the road. He said the people in Black Hammock used the road long ago until it = was blocked off. Years ago, people complained and it was opened up, but over the years it was closed back up a= nd locked. He thinks the road sh= ould not be abandoned for those reasons. Because they don’t know what the future is going to bring, it might be a big mistake to abandon the road.

&= nbsp;   No one else spoke in support or in opposition.

&= nbsp;   Speaker Request Forms were received and filed.

&= nbsp;   Mr. Groot responded to issues by the speakers.= He noted that Mr. Evans owns the triangular lots spoken of by Mr. Lo= gue that would have access problems, so this is not inverse condemnation. He said the applicant understands = that the property is in the Comp Plan as R-10, zoned A-10 and there are some conservation overlays and if it were developed now, it would be under those parameters. He explained one = reason the St. Johns District is in favor of this is because they want to control = the access. He said Mr. Evans kno= ws of no issues or problems on C= anal Street, which is a 50-foot right-of-way. He said Palm Avenue is a 20-foot right-of-w= ay and it is maintained by Mr. Evans for agricultural purposes.

&= nbsp;   Chairman Henley questioned who owns the two lots south of the gate. Whereupon, Ms. Sweet said this sho= ws up on the Property Appraiser’s records that St. Johns owns those lots.

&= nbsp;   Attorney Groot stated they are vacating only north of the gate between Lots 86 and 8= 7, so there is still access.

&= nbsp;   Upon inquiry by Commissioner Morris, Mr. McMillan said the road should not be fe= nced off if it is currently a right-of-way.

&= nbsp;   Upon inquiry by Commissioner Morris, Mr. Groot stated when he drove on the prope= rty, the gate was not up. He said = Mr. Evans advised him that agricultural operations were going on at that time a= nd, apparently, the gate is opened during those operations. He said if the gate had been close= d when he drove the property, he would have advised Mr. Evans of that. He concurred that if this is a pub= lic right-of-way, a gate should not be there at all. He said the applicant will take ca= re of that. He reviewed the benefit= s of vacating and abandoning the right-of-way are to allow for a legitimate development scenario and to protect the property in its current agricultural use.

&= nbsp;   Commissioner Morris stated he did not anticipate any opposition to this request. He requested a continuance as he w= ants to drive the area and see what the issue is and then meet together with sta= ff. He would like the meeting to conti= nue from where it is being left off today with Board discussion and the public hearing closed.

&= nbsp;   Motion by Commissioner Morris, se= conded by Commissioner Dallari, to continue to October 25, 2005, at 1:30 p.m., or = as soon thereafter as possible, the request to vacate and abandon a portion of= the unimproved public rights-of-way known as Palm Avenue and Elm Street; as described in the proof of publication, Lonnie Groot, representative for Art= hur Evans.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

APPEAL OF BOARD OF ADJUST= MENT/

DAVE AND JENNIFER KRUS= E

&= nbsp;   Proof of publication, as shown on page _, calling for a public hearing to consider an appeal of the Board of Adjustment’s decision denying a request to amend an existing special exception to increase preschool enroll= ment of an existing day care center from 129 to 186 students and allow two additional buildings in the A-1 (Agriculture) zoning district, located at 3= 612 McNeil Road, Apopka, Dave and Jennifer Kruse, received and filed.

&= nbsp;   Michael Rumer, Senior Planner, addressed the Board to present the request, stating staff is recommending the Board overturn the Board of Adjustment and approve the request to amend an existing special exception.

&= nbsp;   Jennifer Kruse, applicant, addressed the Board to state the license capacity for the school is 99. In 1997 the pri= or owner had a special exception approved on the original half acre of propert= y to increase the potential of students to 129, but they never built the addition and the capacity never changed. She explained they purchased the additional half acre from the church beside the day care and it is on the total property that they are looking to expand.

&= nbsp;   Upon inquiry by Chairman Henley, Ms. Kruse stated it was unclear on the Board of Adjustment’s record whether the purchase of the additional property w= as made known at the Board of Adjustment meeting. She gave some information about the history of the Happy Faces Day Care Center, advising of the center’s credentials, awards and recognitions (copies received and filed). She said the need for this quality= care is vital. There has been expa= nsive residential growth in their subdivisions.&= nbsp; Ms. Kruse introduced Byron Bonyadi, Architect, to talk about some of= the improvements for the plan of this property that will add to the neighborhoo= d.

&= nbsp;   Byron Bonyadi addressed the Board to review some of the existing and proposed conditions. He discussed the traffic flow and what the plans are to improve that. He also talked about the plan to a= dd a new concrete walkway, the proposal for 21 designated parking spaces, adding handicap spaces, 17 new trees and hundreds of shrubs to buffer the existing building and parking. He said= they are also proposing a dry retention pond on the south side to contain the ru= noff. There will be lighting for the par= king lot and driveways all in accordance with County guidelines. He said the number of children pla= ying outdoors will not change.

&= nbsp;   Susan Staggs, 3220 Walton Road, addressed the Board to state she is very proud of the community at Happy Faces. She said it is not onl= y a day care but a wonderful community area.&n= bsp; She said the applicants provide a wonderful service to the families = and children, and it is a shame for people not to be able to go there because t= here is not enough space.

&= nbsp;   Carl Carothers, 3936 Emerald Estates Circle, addressed the Board to state his ho= me backs up to the Happy Faces Day Care & Preschool and said he is debating the change of status quo and the right to expand. He said the only space between his= lot and the day care is about an 8” to 10” brick wall. He showed a photograph (received a= nd filed) of the wall in his back yard. He said the Board should have several letters of protest. He has no vested interest, but protecting his property value. He said he understands that the Commission does not have authority to approve the number of students, but they can approve the land use. What he would not like to have hap= pen is for the Commission to look one way and the Department of Children and Famil= ies to look another and the property owner get caught up in the middle.

&= nbsp;   District Commissioner Van Der Weide stated he remembers when the child care center f= irst opened and they have always done a very good job. He said the Commission does not ap= prove the number of students, but the Department of Children, Youth & Families will determine how many children the applicants can have in the center at a= ny given minute during the day. = He explained that the center could be licensed for 150 children but may not ev= er have more than 70 and the reason is for the different categories of children. He stated there are preschools because the school system doesn’t have enough facilities to house all the children. There= are certain requirements for the square footage of the playground.

&= nbsp;   Jeffrey Heath, 3607 McNeil Road, addressed the Board to give some history of the property. He showed a drawing (received and = filed) of his house, day care center and undeveloped property when he bought his h= ouse in 1984. He said the subject = property was never able to be expanded because the individual did not have enough money. He showed another draw= ing (received and filed) of the site plan of the church and day care on the property with the church parking next to the day care.

&= nbsp;   Commissioner Henley surrendered the gavel to Vice Chairman Carey to assume the duties of Chairman and he left the meeting room at this time.

&= nbsp;   Mr. Heath showed a third drawing (received and filed) and said the church sold = some of their parking area to the day care center so it could expand. Now there is very little parking f= or the church. He said if the day ca= re center wants to maintain the parking with the church, he is for that, but if not, he is against it. He sai= d this is the largest commercial entity in the Bear Lake area and he is not sure they need more commercial development.

&= nbsp;   Elizabeth Rhinhart, 3932 Emerald Estates, addressed the Board to state she lives dire= ctly adjacent to the currently undeveloped property. She said she is not sure she can adequately express how she feels the noise level will affect her family. She said the noise starts at day b= reak, and she is afraid with the increased level of enrollment, it will be magnif= ied. She said there is a lot of playing outside constantly throughout the day.&nbs= p; This is unorganized play with the screaming that you would anticipate from children.

&= nbsp;   Commissioner Henley returned to the meeting at this time.

&= nbsp;   Ms. Rhinhart also said she is concerned about the night time lighting. She reemphasized that at the Board= of Adjustment meeting, Mr. Hattaway said he thought the expansion was too aggressive and = too intense. He also did not thin= k the improvement would give the students more room. She advised her husband sent an e-= mail to the Board and she supports his statement as well.

&= nbsp;   Commissioner Morris left the meeting room at this time.

&= nbsp;   No one else spoke in support or in opposition.

&= nbsp;   Speaker Request Forms were received and filed.

&= nbsp;   Commissioner Morris reentered the meeting at this time.

&= nbsp;   Commissioner Van Der Weide clarified with Ms. Kruse that the hours of operation would be from 6:30 a.m. to 6:00 p.m., and there would not be any reason to have ligh= ts on at night other than the facility lights.

&= nbsp;   Motion by Commissioner Van Der We= ide, seconded by Commissioner Henley, to reverse the Board of Adjustment’s decision, thereby, approving a request to amend an existing special excepti= on located at 3612 McNeil Road, Apopka, to increase preschool enrollment of an existing day care center from 129 students to 186 students and allow two ad= ditional buildings in the A-1 (Agriculture) zoning district; as described in the pro= of of publication, Dave and Jennifer Kruse.

&= nbsp;   Under discussion, Commissioner Morris said it seems the traffic flow pattern will make this better than it is currently.&nbs= p;

&= nbsp;   Commissioner Van Der Weide stated he has heard that to get a license increased, Ms. Kruse would have to go through many restrictions to comply on the building, inclu= ding the playground.

&= nbsp;   Commissioner Henley stated he represented the BCC on the School Coalition that oversees = the operation of Happy Faces, and that is why he asked if it was made clear to = the Board of Adjustment that she had enlarged the property. He thinks it is an improvement fro= m a traffic standpoint.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

&= nbsp;   Vice Chairman Carey recessed the meeting at 2:47 p.m. and passed the gavel to the Commissioner Henley to resume the duties of Chairman. Chairman Henley reconvened the mee= ting at 2:53 p.m.

FINAL MASTER PLAN FOR SAV= ANNAH

PARK PUD/CHARLES MADDE= N

&= nbsp;   Proof of publication, as shown on page _, calling for a public hearing to consider approval of Final Master Plan and Developer’s Commitment Agreement for Savannah Park PUD, located on the west side of International Parkway between Wayside Drive and Wilson Road, Charles Madden, received and filed.

&= nbsp;   Jeff Hopper, Senior Planner, addressed the Board to present the request and he clarified, for the record, that the proposed number of condominiums in the mixed use area is 20 units. He further corrected in the Developer’s Commitment Agreement, page 2 that the required buffer areas are 2.29 acres and total open space is 9.83 acres; Section VI.C., page 3, is revised to read, “A 20-foot setback shall be required from the wall of any unit to the nearest edge of the street or sidewalk adjacent to the street. This requirement shall not apply to detached garages.” (Memorandum from Mr. Hopper and To= ny Walter to the BCC dated October 10, 2005, was received and filed.) Mr. Hopper advised that the Develo= pment Order for this development required the applicant to obtain a joint use agreement with the Public Works Department allowing the existing County retention ponds adjacent to this site to be incorporated into the project’s stormwater management system. He understands the agreement has b= een prepared but not yet recorded. He said staff is recommending the Board condition their approval on recording = that document within 30 days.

&= nbsp;   Rob Gebadie, Bateman, Hostetler, 200 S. Orange Avenue, on behalf of property owner Savannah Meridian Acquisition Group, addressed the Board to state the six-f= oot wall proposed to be constructed meets every condition of the Development Order. He submitted a photogr= aph and specifications (received and filed) of the proposed wall.

&= nbsp;   Mr. McMillan questioned whether 30 days would be enough time for the joint use agreement to be finalized as staff requested. As the Board only has one meeting = in November, he suggested giving more time (by the end of the year) in order f= or staff to bring the agreement before the Board in the December meeting.=

&= nbsp;   Mr. Gebadie stated the agreement is complete and the only outstanding issue is = for the Engineering Department to provide some numbers for insurance to plug in= to the conditions. He requested = the agreement be placed on the next Consent Agenda and make the Final Master Pl= an subject to recording of the agreement.

&= nbsp;   Mr. McMillan expressed his concern that he doesn’t want to have a drop de= ad date in the Development Order that, if not met, the Final Master Plan would= not be valid. <= /p>
&= nbsp;   Upon inquiry by Commissioner Morris, Kevin Cramer of Cambridge Homes, 235 N. Westmonte Drive, addressed the Board to answer the question on the maintenance of the wall.<= o:p>

&= nbsp;   Mr. Gebadie suggested placing the condition that prior to final engineering app= roval, the stormwater management pond agreement will be executed. He said he thinks that would take = care of the issue regarding the pond. Whereupon, Mr. McMillan said this would be undoing what was placed a= s a condition in the public hearing on zoning, and he would be uncomfortable do= ing that unless it could be done administratively under the authority of the Planning Manager. Discussion = ensued with the Board.

&= nbsp;   Deputy County Attorney Steve Lee addressed the Board to state he asked for the Insurance Office’s input on the levels of insurance the County would require and he has not heard back yet on that. He said he has not yet responded to changes Mr. Gebadie made to the document, but there is nothing major to keep them from getting the agreement put together, but it’s just the matte= r of getting the details finished.

&= nbsp;   No one else spoke in support or in opposition.

&= nbsp;   District Commissioner Carey advised she has received correspondence from residents of Tall Trees who submitted a petition (not received and filed) and correspond= ence from seven residents opposed to this project. She clarified for the record that = this project was approved in June, 2004, and is before the current Board because= a condition of approval was that the Final Master Plan for the project would = come back to the BCC. She said from everything she can see, the conditions of the original master plan have been met.

&= nbsp;   Motion by Commissioner Carey, sec= onded by Commissioner Dallari, to approve the Final Master Plan and DeveloperR= 17;s Commitment Agreement, as shown on page _, for the Savannah Park PUD located on the west side of International Parkway between Wayside Drive and Wilson Road, and authorize the Chairman to execute same, based on staff findings, as amended, and with the understanding that the joint use agreeme= nt would be executed by both parties, accepted by the BCC and recorded by the = end of this year.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

&= nbsp;   Sally Sherman, Deputy County Manager, addressed the Board to present the final top State legislative priorities and top funding items approved by the BCC (sta= ff report received and filed). S= he advised also that John Cerello, Director of Environmental Services, had informed her that Lake County has put forth a community budget request= for $8 million for funding for design construction and connection of utility li= nes for conveying potable water as well as wastewater for the Yankee Lake system off CR 46. This is pro= perty in the service area of La= ke County; however, Mr. Cerello has also informed her that the 100 homes in the Wekiva Protection A= rea would also be able to benefit from this effort. The $8 million requested would cov= er the entire cost associated with the connection. She also understands that this req= uest is sponsored by Senator Constantine and Senator Brummer. She asked if the Board would be comfortable with staff moving forward with supporting Lake County’s initiative.

&= nbsp;   Commissioner Carey said this is a result of the discussions at the Wekiva Task Force mee= ting regarding septic tanks in this area. She thinks the majority of the Board feel if they are going to conve= rt the residents on septic tank to a sewer system, it would be the State’= ;s responsibility to absorb the cost for that. She said she is in full support of= the BCC supporting the request that Lake= County has made which would cover both Seminole County and Lake = County.

&= nbsp;   Mr. Grace asked the Board to keep in mind that if the County starts serving are= as of Lake <= st1:PlaceType w:st=3D"on">County with potable water, the Cou= nty will need some consideration from the St. Johns River Water Management Dist= rict on their consumptive use permit (CUP).

&= nbsp;   Chairman Henley suggested letting the St. Johns District know what the County is thinking about doing.

&= nbsp;   Upon inquiry by Commissioner Dallari, John Cerello, Environmental Services Direc= tor, addressed the Board to affirm that this is talking about all utilities (wat= er, sewer and reuse) and the $8 million will cover the entire cost of engineeri= ng, construction, and the connections on both sides.

&= nbsp;   Mr. Cerello reported that they are looking at limiting the capacity lines. This is about 400 homes, 100 on Seminole County’s side and 300 on Lake County’s side= of the river.

&= nbsp;   Ms. Sherman advised that the State Committee assignments are included in her re= port package as requested. She rem= inded the Board that the Seminole County Legislative Delegation meeting is schedu= led for November 15 at 3:00 p.m. in the BCC Chambers, and Bobby Brantley is to = be present to provide any assistance needed.

&= nbsp;   Upon inquiry by Commissioner Carey about the Trauma Center funding, Mr. Grace said he could touch base to see what is being done and s= ee if there is something staff needs to bring back to the Board.

&= nbsp;   Commissioner Morris stated he would like to know what the seven counties in the region h= ave in their legislative requests and maybe keep a score card. He said Seminole County only has two proposed funding projects.&nb= sp; Mr. Grace said staff can pull that information together. =

&= nbsp;   Commissioner Van Der Weide said he wonders if they should ask for some sort of dedicated Lynx funding, and if they get the $2 rental car surcharge, it will come out= of that. He’s wondering if= they should give the State more options. He agreed with Commissioner Morris that the County is really not ask= ing for much.

&= nbsp;   Commissioner Carey said the Lynx Board is still looking for a dedicated funding source, = and as more and more transit comes into the area, some kind of dedicated funding source is needed.

&= nbsp;   Chairman Henley said he was not opposed to it.

&= nbsp;   Mr. Grace said staff can take this as a priority issue and work on what some of= the alternatives might be. Discus= sion ensued.

&= nbsp;   Commissioner Carey said this would have to be a regional issue. She said maybe Commissioner Morris= could bring this up to the MetroPlan Board to see if they wish to pursue this as a priority at the region.

&= nbsp;   Commissioner Dallari asked when was the last time Central Florida put a joint effort together for a disaster evacuation of all of Central Florida.

&= nbsp;   Ms. Sherman said there is a State plan that everyone follows, and at least once= a year there is a simulated training session. Discussion ensued.

&= nbsp;   Commissioner Carey stated there was some kind of plan after 9-11 where the Central Flori= da group did a mock emergency evacuation that started in downtown Orlando. This was a regional activity. Chairman Henley said there was als= o the same type thing done at the Cape. <= /o:p>

&= nbsp;   Commissioner Van Der Weide stated he would like to have staff send out some sort of inqu= iry to the local delegation asking how they propose the County fund some of the needs they have on an on-going basis with some sort of dedicated funding source. He said let them take charge. He thinks this should= come from the Chairman.

&= nbsp;   Commissioner Morris said SR 46 is a critical issue.&nbs= p; This is now the deadliest road in the region. It’s a two-lane road and an evacuation road from Mims. He= said they should push this road for funding.&nb= sp; Whereupon, Ms. Sherman said the County received funding for the desi= gn and engineering for SR 46.

&= nbsp;   Jerry McCollum, County Engineer, addressed the Board to a= dvise for the portion of SR 46 from Mellonville Avenue to CR 415, the design PD&E is going= on now. He said staff has pushed several times under the hurricane evacuation routes to try to get something= on SR 46 and 415 all the way to Mims. Discussion ensued.

&= nbsp;   Commissioner Morris suggested going with Brevard County to see if th= ey can do a joint request.

&= nbsp;   Commissioner Carey added Volusia County also. She said the connection to I-95 wo= uld make this attractive for federal funding.&= nbsp;

&= nbsp;   Ms. Sherman said staff probably needs to talk with the airport also because they have included discussions about SR 46 funding and they have been working wi= th Brevard to a certain degree on that topic.

&= nbsp;   Chairman Henley asked Mr. Grace and staff to initiate discussion with Brevard and Volusia counties to see if they are interested in helping Seminole County push this as a funding request. There were no objections to adding this as a funding request.

&= nbsp;   Upon inquiry by Commissioner Carey, Ms. Sherman explained regarding the Sexual Predator Ordinance that she is going to pull together information on what t= he State is doing to review and bring before the Board for comments and suggestions.

&= nbsp;   Mr. McMillan said he thinks when the BCC adopted the ordinance, they recommended sending it to the State and suggest they try to implement that kind of appr= oach on a statewide basis because that way the ordinance would be the most effective.

CHAIRMAN’S REPORT

&= nbsp;   Chairman Henley advised he received a letter from Dan Andrews, Chairman of the Trails and Greenway Advisory Committee, indicating Mr. Wiley Dykes, Sr., has been = on the Committee for quite some time, but can no longer be as active. Mr. Andrews asked if the Board wou= ld consider establishing Mr. Dykes as an honorary member. Discussion ensued.

&= nbsp;   Commissioner Van Der Weide explained he was not against making Mr. Dykes an honorary mem= ber, but he doesn’t want the Committee to think they will make the district commissioners’ appointments.

&= nbsp;   The consensus of the Board was for Commissioner Van Der Weide to handle this in conjunction with his new appointment in January and Resolution of appreciation to Mr. Dykes.

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&= nbsp;   Chairman Henley recommended a 4% salary adjustment for County Manager Kevin Grace. He said the Board was provided ear= lier with a list of the salaries and populations for surrounding counties, and 4% won’t even bring Mr. Grace up to par. He said the salary adjustment is retroactive to his anniversary date.

&= nbsp;   Motion by Commissioner Morris, se= conded by Commissioner Van Der Weide, to approve a 4% salary adjustment for County Manager Kevin Grace to be retroactive to his anniversary date.

&= nbsp;   Under discussion, Commissioner Carey said she would be interested in having, in t= he future, the information on what is the benefit of the total benefits package. She is referring to = all other county managers as well.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

COMMUNICATIONS AND/OR REPORTS

&= nbsp;   The following Communications and/or Reports were received and filed:=

1.&= nbsp; Memorandum dated 10/03/05 to Distribution List (with attachments) from Doris-anne Free= man, City of Altamonte Springs-City= Clerk Department, re: Rezoning approved by City Commissio= n (NJB Investments, Inc.).

2.&= nbsp; Memorandum dated 9/29/05 to BCC (with attachment) from Jennifer Bero, Grant Coordinato= r, re: Notifications of Grant Award/Denial.

3.&= nbsp; Copy of letter dated 9/26/05 to R. David Paulison, Office of the Director-FEMA, = re: Monies to be collected. (cc: BCC, Co. Manager, Deputy Co. Manag= ers, Co. Attorney, Fiscal Services)

4.&= nbsp; Copy of letter dated 9/28/05 to John Hitt, President-University of Central Florida, from BCC re: Support for the medical s= chool at UCF.

5.&= nbsp; Notification dated 9/23/05 regarding grants approved by the Board of Director of the Edy= th Bush Charitable Foundation. (cc: BCC, Co. Manager, Deputy Co. Managers, Community Services Director)

6.&= nbsp; Letter dated 9/17/05 to Chairman from Patricia Southward, President-League of Women Voters of Seminole County, re: Representation during the Charter Review process.

7.&= nbsp; Letter dated 9/26/05 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Annexation Ordinance Publ= ic Hearing on October 10, 2005. (cc: BCC, Co. Manager, Deputy Co. Managers, Property Appraiser, Supervisor of Elections, Planning & Development Director)

8.&= nbsp; Contract for services, as shown on page _, between Seminole County Government = and the following: Angel Marrero (Umpire Slow Pitch Softball) and Daniel Gracey (Umpire Slow Pitch Softball)= .

9.&= nbsp; Letter dated 10/07/05 to BCC from Diane Culpepper, Bright House, re: Increase of programming cost.<= /o:p>

10. Letter dated 10/03/05 to Chairman (with attachments) from Edward Foley, Tall Tree resident, re: Opposition to Savannah Park.

11. Letter dated 9/30/05 to Chairman (with attachments) from D. Ray Eubanks, Administrator-Planning Review and Processing, Dept. of Communi= ty Affairs, re: Receipt of Semin= ole County Amendment #05-2. (cc:<= span style=3D'mso-spacerun:yes'> BCC, Co. Manager, Deputy Co. Manag= ers, Planning & Development Director, Planning Manager, Co. Attorney)

12. Letter dated 10/03/05 to BCC (with attachment) from Bowyer-Singleton & Associates re: Complete plans available for review concerning Meadow Ridge Estates. (cc: BCC, Co. Manager, Deputy Co. Manag= ers, Planning & Development Director, Planning Manager)

13. Memorandum dated 10/04/05 to BCC (with attachment) from Dan Matthys, Planning & Development Director, re: Updated Seminole County Billboard Inventory.

DISTRICT COMMISSIONERS’ REPORTS

&= nbsp;   Commissioner Carey reported she has a MetroPlan meeting tomorrow at 9:00 a.m.

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&= nbsp;   Commissioner Carey also reported a Lake Sylvan Homeowners Association meeting is schedul= ed for this Thursday evening at 6:00 p.m. at the Lake Sylvan Park Community Building, and notic= es were mailed regarding that. S= he said she will attend that meeting along with staff.

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&= nbsp;   Commissioner Carey further reported that Commissioner Dallari has agreed to take the lia= ison assignment to the Central Florida Zoo Board that she currently serves on. He will start that in November. She expressed appreciation to him = for taking the appointment.

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&= nbsp;   Commissioner Carey advised the Geneva Citizens Association will be meeting on October 17, 7:00 p.m. at the Geneva Community Center, a= nd she will address that Board. She = said one of the topics will be the Eugene Gregory Memorial to try to determine w= here the facility will be.

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&= nbsp;   Commissioner Carey announced a film premier event will be held in Seminole County at the Central Florida Zoo and is sponsored by the St. Johns River Alliance. It is to premier the movie, “The River Runs North-The Journey of America’s First River.” This will be held on November 5 fr= om 4:00 to 7:00 p.m.

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&= nbsp;   Commissioner Dallari advised he received a letter from the City of Oviedo with reference to the Cross Semi= nole Trail. The City is redoing th= eir downtown and is asking the County to potentially work with them for holding= off design of that trail. He want= s to make sure staff is aware of this.

&= nbsp;   Mr. Grace said Mr. McCollum and his staff will look at this issue and will repo= rt back to the Board on this.

&= nbsp;   Upon inquiry by Commissioner Morris, Mr. McCollum advised there have been discussions in the past. One = of the key issues has been east of Division Street over to the park area along Franklin. The discussions in the past have b= een on how to get through the downtown areas.&nbs= p; The City also has come up with a new one-way paring. Staff has already looked at that w= ith the City. He will report to t= he Board as soon as he knows something.

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&= nbsp;   Commissioner Dallari asked for a brief update from DCM Don Fisher on the Willa Grove wal= l.

&= nbsp;   Mr. Fisher advised the MSBU the citizens applied for did not pass as there were= not enough votes to approve it. Subsequent to that, staff and Commissioner Dallari met with a few of= the homeowners who presented some issues for staff to look at. He contacted Risk Management and requested they hire a consulting engineer to evaluate the wall to give a determination of why the wall fell. The result was that the County did not have any responsibility regar= ding that. There were a couple oth= er questions to be answered and this is with the engineer and a final reply sh= ould be coming next week.

&= nbsp;   Commissioner Dallari said this final reply will be presented to the Board under his repo= rt.

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&= nbsp;   Commissioner Morris stated he had a conversation with Mayor Bush, Winter Springs, relati= ve to their resolution to the BCC regarding a joint planning agreement with Oviedo, the County= and Winter Springs. He said he explained to Mayor Bush the County has a series of issues with Oviedo that are separate. The County is moving ahead with Oviedo on the JPA agreement and the County Planning Director is to meet with their Planning Director to see what list of issues with respect to the JPA they h= ad with Winter Springs that they could bring forward and work on separately. Commissioner Morris proposed havin= g a joint meeting in January with the Winter Springs Commission to go over a variety of issues including the JPA, Jetta Park, and Soldiers’ Creek Park.

&= nbsp;   Chairman Henley said he did not have a problem having a meeting, but he doesn’t know if January is the best time as the BCC is only having one meeting for = the rest of this year.

&= nbsp;   Commissioner Morris said he will get back to the Chairman on that.

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&= nbsp;   Commissioner Morris said the Board made a proposal some time back to move Code Enforceme= nt to the Sheriff’s Department and he thinks that has gone quite well and that was a good policy action by the Board. He complimented Code Enforcement o= n what they are doing. He said, howe= ver, he has noticed a trend that the Commissioners are not getting very prompt responses from Code Enforcement. He would like to instruct the County Manager that a separate log be kept for all County Commissioners= ’ or County= Manager’s complaints.

&= nbsp;   Chairman Henley stated a few months ago, he had a meeting on the same issue with Chi= ef Harriett and set up a procedure, supposedly, so that the Commissioners would get feedback every time their offices made a referral.

&= nbsp;   Commissioner Carey said just recently she had a discussion with Chief Harriett about sim= ilar issues and they decided the Commissioners would begin copying the appropria= te Lieutenant at the Sheriff’s Office so he would know when a Commission= er had sent a request.

&= nbsp;   Commissioner Morris said a process is needed versus the Commissioners having to be proac= tive and do things. He said if they don’t get any action, he is going to make a proposal in January to br= ing Code Enforcement back.

&= nbsp;   Mr. Grace said the County has had a number of conversations with the Sheriff’s staff and not directly with the Sheriff. He suggested that he and the Chair= man meet with the Sheriff and talk about how to address this.

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&= nbsp;   Commissioner Morris stated he would like to bring back to the Board for discussion porti= ons of the 17-92 CRA, or all of those with exceptions of some exclusions that w= ill become “brown field.”

&= nbsp;   Upon inquiry by Commissioner Carey, Commissioner Morris said he believes a joint public meeting on 17-92 will be held tomorrow and Thursday. He said anyone interested may call= the Economic Development Department for the exact location or with any question= s.

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&= nbsp;   Commissioner Morris said tomorrow at the MPO meeting will be the second result summit for the ten worst behaviors for drivers in this area. The MPO also targeted 10 of the wo= rst intersections in the tri-County region or areas of roadways where those behaviors or accident death rates are the highest. He said this is all coming back af= ter six months of work. He thinks= the MPO will give the BCC, with the Chairman’s permission, an after-action report on this at the next meeting. He’s been told that this County has done quite well in the act= ions taken.

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&= nbsp;   Motion by Commissioner Van Der We= ide, seconded by Commissioner Dallari, to accept the resignation of Beth Gerber = from the Parks & Recreation Advisory Board and adopt appropriate Resolution #2005-R-194, as shown on page _, of appreciation for her services on = the Board.

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

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&= nbsp;   Commissioner Van Der Weide stated things are going well in his district. He commended staff whose working i= n his district as a team, and said that’s to the credit of the County Manager.

COUNTY= MANAGER’S REPORT

&= nbsp;   Mr. Grace presented the Resolution to adopt Harrison County, Mississippi, as the devastated community to focus efforts on to provide assistance in rebuilding after Hurricane Katrina. He said if the Board adopts the resolution, an assessment team, including representatives from the cities and School Board, will be sent wi= thin the next week to determine how they can best assist them. He reported they have already iden= tified surplus equipment that may be of assistance.

&= nbsp;   Motion by Commissioner Morris, se= conded by Commissioner Dallari, to adopt appropriate Resolution #2005-R-195, as sh= own on page _, adopting Harrison County, Mississippi, as the devastated community to focus efforts on to provide assistance in rebuilding after Hurricane Katrina; with the necessary scrivener’s changes.=

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

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&= nbsp;   Mr. Grace reported that the firefighters ratified the proposed Union contract by 82%. The contract will be on = the next agenda for the Board’s approval. He stated the Battalion Chief Union still has to be dealt with.

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&= nbsp;   Mr. Grace referred to the Disaster Guide brochure and distributed information (= coy received and filed) on the cost figures for mailing out this document to the residents as suggested by Commissioner Morris. He reviewed the two options and sa= id if the Board wants to pursue this, he asked that the Chairman be authorized to execute a Budget Amendment. Discussion ensued.

&= nbsp;   Commissioner Van Der Weide suggested timing the mailings for the first of the year. Commissioner Morris agreed.

&= nbsp;   Commissioner Carey said wait until after the holidays.&= nbsp; Commissioner Dallari suggested the second week of January.

&= nbsp;   Mr. Grace said staff can go ahead and put this in the budget and will wait until the beginning of the year to mail the brochures.

&= nbsp;   The Board consensus was to do the mailing the second week of January, 2006.&= nbsp;

&= nbsp;   Motion by Commissioner Dallari, seconded by Commissioner Morris, to approve the second option for the Disas= ter Guide, using Direct Mail Specialists database, mailing to 173,537 businesses and residences at the cost of $47,711; and to adopt appropriate Budget Amendment Resolution #2005-R-197, as shown on page _, for same.<= /o:p>

&= nbsp;   Districts 1, 2, 3, 4 and 5 voted AYE.

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&= nbsp;   Commissioner Morris reminded the Board that at the last meeting, they asked for an updat= e in this meeting on the Lake<= /st1:PlaceType> Mary potential annexation. Mr. Grace said he= had forgotten this but he does have the numbers on the economic impact and will= get that information to him.

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&= nbsp;   There being no further business to come before the Board, the Chairman declared t= he meeting adjourned at 4:04 p.m., this same date.

ATTEST____Clerk= _Chairman

er/cc

Environmental Services

S= olid Waste

7. Approve and authorize Cha= irman to execute Certificate of Public Convenience and Necessity, as shown on page _________, for Orlando Waste Paper Company, Inc., to perform commercial collection services of waste in unincorporated areas of Seminole County.

17. Appro= ve Amendment #9, as shown on page ________, to BD-260-01/BJC – HVAC Maintenance and Repair Agreement with the Trane Company of Orlando ($24,798.82).=

Roads-Stormwater

31. Approve and authorize Chairman to e= xecute the Special Warranty Deed, as shown on page ________, for conveyance of property from BGM Mining, Inc. for approximately 73.2 acres fronting Brisson Avenue commonly known as Club II Borrow Pit.