learn a variety of things. They have several governmental-type programs set up and have a district program where the students get to sit in on governmental meetings.

Zack Leffler, a three-year 4-H student, addressed the Board to express his thanks for the opportunity to speak. He stated he has learned recordkeeping, how to market his business, and how to be responsible for his finances. He has raised a steer to show at the Central Florida Fair.

Ms. Yarborough said they will have 35 students showing this year at the fair. Her 4-H Club represents nine different schools and one home school. She told of other activities her club has sponsored.

Mr. Leffler presented two tickets to the Fair to each of the Commissioners, the Clerk, County Manager and County Attorney.

Ms. Yarborough thanked the Commissioners for supplying the second 4-H Agent, Shane Michaels, and for supporting this program. She encouraged the Commissioners to come by the Fair for the livestock sale on Sunday and a rodeo on Saturday.

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Dan O’Keefe, CPA, Moore Stephens Lovelace, P.A., addressed the Board to present the Comprehensive Annual Financial Report (CAFR) for year ending September 30, 2007 (copy received and filed). He gave a PowerPoint (copy received and filed) review covering the following topics: CAFR Sections; Scope of the Audit; Reports Issued; Financial Position Data; Activity Data; and Comparative Data (for Seminole, Lake and Osceola Counties). He stated the financial position of the County is now pretty sound.

Chairman Carey asked what would be the best practice for length of term to do financial forecasting.

Mr. O’Keefe said he thinks short-term for operations and long-term for capital. Because of the volatility of the economy and growth, the Commissioners probably don’t know what they will have to spend money on as far as operations, but they can know better on the capital. He said there is nothing in writing, but it comes down to what they want to see. In his opinion, taking it out to three to five years is even better than forecasting for two years.

Commissioner Dallari asked how Seminole County compares with other counties in other states. Mr. O’Keefe stated he would prepare that information for the Board within the next couple of weeks.

Commissioner McLean referred to the information on the change in net assets and said he wants to make it clear that the information is talking about everything and not just the General Fund. He said what the BCC has control over may not necessarily be the numbers they have control over.

Mr. O’Keefe said that is correct.

Commissioner McLean said he doesn’t want to give the impression to the audience that the financial situation is different from what the Board will be dealing with this summer.

Chairman Carey thanked Mr. O’Keefe for his presentation.

County Manager’s Consent Agenda

Commissioner Dallari requested that Item #12, amendment to the County Administrative Code and Fee Resolution for Natural Lands Summer Camp, be pulled for discussion. He asked if $135 is just for County residents or is there a fee for those outside-the-County as well.

Amy Raub, Natural Lands, addressed the Board to state the $135 fee is for out-of-County residents as well. She advised Commissioner Henley that only one scholarship was given last year, but staff hopes to market that better this year.

Whereupon, Commissioner Henley said this action gives the impression they are increasing the cost to the paying students in order to offer two scholarships.

Ms. Raub explained they increased the fee to help with lowering the student to teacher ratio from 10 to 1 to 9 to 1.

Commissioner McLean said it appears a large portion of the increase is for administration to reduce the ratio, but he also thinks it is commendable to have two scholarships with all the young people who otherwise would not have that experience. He hopes they will be able to reach out to the middle schools.

Commissioner Henley said he supports scholarships at any time to help the needy, but he has reservations with charging other students in order to have the money for that purpose.

Chairman Carey said, obviously, with the increase, staff is covering more than just the scholarship amount.

Commissioner Dallari said he did not have a problem with the increase, but his issue was the increase looks like it is going to actual scholarships. He asked that this item be pulled for a separate vote.

Commissioner Van Der Weide asked what the total cost is for this whole project.

Ms. Raub advised it is approximately $5,100. They also have office supplies, a first aid kit, and contracts for printing.

Commissioner Van Der Weide said with the budget the Commissioners are going to be confronted with in June, every program is going to be subject to being cut back or cut for life. This is another issue the Board will have to look at before they look at more serious issues in the County like employment.

Chairman Carey said this will more than pay for the cost of tuition with $125 or $135. The Board wants to have the opportunity to support natural lands and educate the children about natural lands. Because she thinks the tuition covers the cost of the program, she does not have a problem with it.

Whereupon, Commissioner Van Der Weide said he would question this if it becomes a net drag on the budget.

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

Administrative Services

Purchasing and Contracts

3. Approve Work Order #5, as shown on page _______, to PS-5173-04/AJR, Master Agreement for Continuing Professional Services for Environmental Services, in the amount of $111,745.01 to Reiss Environmental, Inc. of Orlando, Florida.

4. Approve Work Order #6, as shown on page _______, to PS-5173-04/AJR, Master Agreement for Continuing Professional Services for Environmental Services, in the amount of $377,430.11 with PBS&J, Inc., Orlando, Florida.

Community Service

Community Assistance

5. Approve and authorize the Chairman to execute the Satisfactions, as shown on page _______, of Second Mortgage for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program for the following: Lola Adams and Shawn Adams; Maria M. Atuesta; Lucille Brown; Josie M. Burke; Armetta Franklin; Sherman Franklin and Anna Franklin; Flossie Mae Franklin Gilbert and William Gilbert; Claudia Griffin; Gladys Johnson; Dorothy Joseph; Paul E. McConnell; Kenneth J. Meyer and Catherine B. Meyer; Jacqueline D. Miller; Francisco Molina; Christopher J. Monteleone; Eligio A. Ortiz and Pauline Ortiz; Patricia A. Peoples and Sulonda Y. Peoples; Thelma Shelling; and Lester F. Spicer and Deborah J. Spicer.

Environmental Services

Business Office

6. Approve the release of the original Water and Sewer Maintenance Bond #SU5006478-1 in the amount of $18,283.78 for the project known as Annebury.

7. Approve the release of the original Water and Sewer Maintenance Bond #6360542-2 in the amount of $8,620.00 for the project known as Deer Run Villas.

Fiscal Services

Administration

8. Approve partnering with the University of Florida to submit a grant application to the US Department of Agriculture requesting up to $180,000.00 through their National Integrated Water Quality Program; and authorize the Chairman to execute supporting documents, as shown on page _______.

9. Approve and authorize the Chairman to execute the corrective, second Modification, as shown on page _______, of the Subrecipient Agreement for Annual Maintenance of Mutual Aide Radio Cache (MARC) Units, correcting the intended, effective date of the Modification.

10. Approve and authorize the Chairman to execute a Memorandum of Agreement (MOA), as shown on page _______, with the Orange County Sheriff's Office to secure participation in the Urban Area Securities Initiative.

Budget

11. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-97, as shown on page _______, implementing Budget Amendment Request (BAR) #08-51 through the 2001 Infrastructure Sales Tax Fund in the amount of $300,000.00 in order to recognize funds received from Colonial Properties and to advance the scheduling of the County Road 46A at Colonial Parkway Intersection Improvement project.

Planning and Development

Development Review

13. Authorize the release of the River Run Christian Church Right-of-Way Utilization Permit Maintenance Bond #70015748 in the amount of $7,000.00 for the River Run Christian Church Right-of-Way road improvements.

14. Authorize the release of the Sonny's Restaurant at Oviedo Marketplace Maintenance and Escrow Agreement and Cash Maintenance Bond in the amount of $1,303.75 for the Sonny's Restaurant at Oviedo Marketplace road improvements.

15. Authorize the release of the Orange Boulevard Property a/k/a Landsdowne Subdivision Private Road Maintenance Agreement and Irrevocable Letter of Credit #F846406 in the amount of $49,575.80 for the Orange Boulevard Property a/k/a Landsdowne Subdivision for road improvements.

16. Authorize the release of the Carriage Homes of Dunwoody Commons Private Road Maintenance Bond #929367689 in the amount of $227,035.37 for the Carriage Homes of Dunwoody Commons road improvements.

17. Approve and authorize the Chairman to execute the minor plat for Murphy Oil/Wal-Mart Stores East, LP for one (1) lot on 0.475 acres zoned PUD (Planned Unit Development), located on the west side of Alafaya Trail, north of West McCulloch Road, within the Hunter's Landing Commercial PUD; in Section 34, Township 21S, Range 31E (Wal-Mart Stores East, LP).

18. Authorize the release of Performance Bond #46BSBDY3701 in the amount of $570,791.93 for Walden Chase (Centex Homes).

Public Works

Engineering

19. Adopt appropriate Resolution #2008-R-99, as shown on page _______, accepting a Sidewalk Easement, as shown on page _______, from Florida Retail Specialists, Inc., for property needed to construct a sidewalk along a portion of West 25th Street (County Road 46A).

20. Adopt appropriate Resolution #2008-R-100, as shown on page _______, and authorize the Chairman to execute a County Incentive Grant Program Agreement, as shown on page _______, with the Florida Department of Transportation in conjunction with the Midway Regional Stormwater Facility (IFAS). (Capital Improvement Project #00241701)

21. Adopt appropriate Resolution #2008-R-101, as shown on page _______, and authorize the Chairman to execute a Locally Funded Agreement Supplemental Amendment Number 1, as shown on page _______, with the Florida Department of Transportation (FDOT) for the acquisition of right-of-way for the State Road 436/Red Bug Lake Road Interchange Project from Lake Howell Road to Wilshire Boulevard; authorize issuance of a wire transfer in the amount of $5,284,629.00 from funds in the County’s 2007/2008 Fiscal Year Budget to be paid to the Florida Department of Transportation immediately upon execution of this agreement.

22. Adopt appropriate Resolution #2008-R-102, as shown on page _______, and authorize the Chairman to execute a Locally Funded Agreement Supplemental Amendment Number 1, as shown on page _______, with Florida Department of Transportation for the Transportation Regional Incentive Program (TRIP) for the acquisition of Right-of-Way for the State Road 434 Project from Montgomery Road to Interstate 4.

23. Adopt appropriate Resolution #2008-R-103, as shown on page _______, and authorize the Chairman to execute the Transportation Regional Incentive Program (TRIP) and County Incentive Grant Program (CIGP) Agreement, as shown on page _______, with the Florida Department of Transportation for the construction of additional lanes on State Road 434 from Montgomery Road to Interstate 4.

Traffic Engineering

24. Authorize the Chairman to execute the Amendment, as shown on page _______, to Seminole County-Orlando Lake Forest, Inc. Traffic Signal Maintenance Agreement.

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

Leisure Services

Natural Lands

Item #12, Approve an amendment to the County Administrative Code and Fee Resolution for Natural Lands Summer Camp to allow the Department to administer and manage the program with the established fees of $135 per student, presented.

Commissioner Dallari said he asked for a separate vote for this item because he believes since the people outside the County are not taxpayers, there should be an increased cost to them.

Motion by Commissioner Dallari, seconded by Commissioner McLean, to approve an Amendment, as shown on page _______, to the County Administrative Code and Fee Resolution #2008-R-98, as shown on page _______, for Natural Lands Summer Camp to allow the Department to administer and manage the program with the established fees of $135.00 per student residing within the County; and an additional $10 fee per student for those residing outside the County.

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

Constitutional Officers’ Consent Agenda

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

Clerk’s Office

25. Approval of the Expenditure Approval Lists, as shown on page _______, dated March 24 & 31, 2008; and Payroll Approval List, as shown on page _______, dated March 15, 2008; and approval of the Official Minutes dated March 25, 2008.

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

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The Board noted, for information only, the following Clerk’s “received and filed”:

1. Memo from Sandy McCann, Commission Records, to Liz Parkhurst, Planning & Development, dated March 19, 2008 re: list of outstanding documents.

2. Memo, as shown on page _______, from Jill Taylor, Purchasing, to Sandy McCann, Commission Records, re: the voiding of Amendment #1 to W.O. #2 to PS-5185-05/AJR.

3. Head Tennis Pro Agreements, as shown on page _______, with the following: Roy Coopersmith and John Lefort.

4. Notice, as shown on page _______, of Non-Renewal of Letters of Credit for #55101278 & #55101279 for Grande Oaks.

5. Memo from Liz Parkhurst, Planning & Development, to Sandy McCann, Commission Records, dated March 24, 2008 re: list of outstanding documents.

6. Resolution #2007-R-212, Capital Improvement Plan, as shown on page _______, as approved by the BCC on November 13, 2007.

7. Letter of Understanding, as shown on page _______, with the city of Casselberry for the Florida Yards & Neighborhood Program.

8. Letter of Understanding, as shown on page _______, with the city of Longwood for the Florida Yards & Neighborhood Program.

9. Letter of Understanding, as shown on page _______, with the city of Sanford for the Florida Yards & Neighborhood Program.

10. Letters of Credit #F851936, as shown on page _______, in the amount of $493,374.92 and #F851937 in the amount of $453,484.78 for Gerami property, respectively.

11. Letter from U Store It advising of address change for all tax bills, notices, etc.

12. Flexible Benefits Plan documents, as shown on page _______, as approved by the BCC on September 11, 2007.

13. Audit Report #2008-118 from the Auditor General with regard to Seminole Community College.

14. W.O. #7, as shown on page _______, to CC-1284-06/TLR.

15. W.O. #1, as shown on page _______, to PS-1905-07/BLH.

16. Third Amendment, as shown on page _______, to RFP-600006-06/GMG, with Ott Landscape Maintenance, Inc.

17. Contract #M-3253-08/DMR, as shown on page _______, with Bowyer-Singleton & Associates, Inc.

18. C.O. #3, as shown on page _______, to CC-2143-07.

19. W.O. #95, as shown on page _______, to PS-5165-04/AJR.

20. W.O. #92, as shown on page _______, to PS-5165-04/AJR.

21. W.O. #74, as shown on page _______, to PS-5150-03/AJP.

22. Second Amendment, as shown on page _______, to IFB-3121-05/GMG.

23. W.O. #23, as shown on page _______, to PS-1074-06/TRJ.

24. Second Amendment, as shown on page _______, to IFB-3129-05/GMG.

25. W.O. #93, as shown on page _______, to PS-5165-04/AJR.

26. W.O. #16, as shown on page _______, to PS-1501-06/JVP.

27. W.O. #4, as shown on page _______, to PS-5173-04/AJR.

28. C.O. #1, as shown on page _______, to W.O. #17 to CC-1075-06/TJR.

29. Amendment #1, as shown on page _______, to W.O. #12 to PS-1074-06/TRJ.

30. Close Out, as shown on page _______, for CC-1075-06 W.O. #18.

31. W.O. #24, as shown on page _______, to RFP-0225-05.

32. W.O. #7, as shown on page _______, to PS-5185-05/AJR.

33. Amendment #1, as shown on page _______, to W.O. #63 to PS-5150-03.

34. Contract #M-3164-08/VFT, as shown on page _______, with PBS&J.

35. First Amendment, as shown on page _______, to RFP-4232-04/TLR, Land Design Innovations.

36. First Amendment, as shown on page _______, to RFP-4232-04/TLR, Calvin, Giordano & Assoc.

37. First Amendment, as shown on page _______, to RFP-4232-04/TLR, Carter Burgess.

38. Contract #M-3165-08/VFT, as shown on page _______, PBS&J.

39. W.O. #57, as shown on page _______, to PS-5120-02/BJC.

40. W.O. #94, as shown on page _______, to PS-5165-04/AJR.

41. W.O. #25, as shown on page _______, to PS-1074-06/TRJ.

42. First Amendment, as shown on page _______, to IFB-600108-06/TLR.

43. W.O. #6, as shown on page _______, to M-485-05/PWM.

44. W.O. #24, as shown on page _______, to PS-1074-06/TRJ.

45. C.O. #1 and #2, as shown on page _______, to CC-2583-07.

46. Revenue Agreement, as shown on page _______, with University of Florida Board of Trustees for the Florida Yards & Neighborhood Program.

47. Title Opinion, as shown on page _______, for the plat of Savannah Park.

48. HUD/CDBG Subrecipient Agreement, as shown on page _______, with the city of Sanford for Program Years 2007-2008 and 2008-2009, as approved by the BCC on July 24, 2007.

49. Contract for Sale & Purchase, as shown on page _______, of Land for Jetta Point Park with Charles Clark, as approved by the BCC on February 26, 2008.

50. Addendum #1, as shown on page _______, to Astor Farms PUD.

51. Development Orders, as shown on page _______, for Peter & Nita Sintzenich and Boni Guest House.

52. Revised & Restated Development Order, as shown on page _______, for Golden Apple Enterprises, LLC, for the East Lake Brantley Drive Rezoning, as approved by the BCC on November 13, 2007.

53. Development Order, as shown on page _______, for Lorenzo Polk.

54. Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Hearthstone Multi-Asset Entity C for Savannah Park Townhouses.

55. Conditional Utility Agreement, as shown on page _______, for Potable & Reclaimed Water Service for Steel Curtain of Central Florida, LLC, and Alaqua Group, LLLP for the Alaqua Country Club Subdivision.

56. Conditional Utility Agreements, as shown on page _______, with Matthew & Joanne Brown for Acorn Park.

57. Bill of Sale and Letter of Acceptance, as shown on page _______, for the water systems within Dunwoody Plaza.

58. Bill of Sale, Utility Easement and Letter of Acceptance, as shown on page _______, for water and sewer for the CFE Federal Credit Union.

59. Copy of e-mail dated April 1, 2008 from Deputy County Manager, Joe Forte, to Chief Deputy Clerk, Bruce McMenemy, re: purchases and responsibilities of County Finance; and e-mail response from Chief Deputy Clerk, Bruce McMenemy, to DCM, Joe Forte.

60. Copy of e-mail dated April 1, 2008 from Deputy County Manager, Joe Forte, to Chief Deputy Clerk, Bruce McMenemy, responding to previous e-mail regarding purchases; and e-mail dated April 2, 2008 from Chief Deputy Clerk, Bruce McMenemy, to DCM, Joe Forte.

61. 2nd Amendment, as shown on page _______, to IFB-3102-05.

62. Bids as follows: IFB-600301-07, PS-3065-08, PS-3018-08, RFP-600254-07, RFP-2832-07, IFB-600324-08, and RFP-600637-08.

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

Sheriff’s Office

26. Contributing $500.00 from the Law Enforcement Trust Fund to the Florida Department of Law Enforcement's Missing Children Clearing House Advisory Board.

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

COUNTY ATTORNEY’S BRIEFING

Mr. McMillan advised that the city of Longwood approved the Interlocal Agreement on the Longwood Hills PUD. There was one change to the County’s draft, and the City dropped the request they previously made. The only change was that the County had agreed to give the City 10 days’ written notice prior to a Certificate of Occupancy (C.O.). The City no longer has the ability to tell the County to not issue the C.O.

Upon inquiry by Chairman Carey, Attorney McMillan said he will leave it to Dori DeBord, Planning Director, on how her staff will handle the notification to the City.

Dori DeBord, Planning Director, addressed the Board to state the staff will be aware as permits are issued and will keep track of it in the Building Division.

Mr. McMillan distributed copies (received and filed) of the Interlocal Agreement and asked for a motion to execute same.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to the City of Longwood/Seminole County Interlocal Agreement Relating to Joint Planning and the Annexation of Enclaves (Longwood Hills PUD).

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

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Chairman Carey recessed the meeting at 10:20 a.m. and reconvened it at 10:30 a.m.

Chairman Carey acknowledged four female students from a local high school in the audience and invited a spokesperson to explain why they are attending the meeting this morning.

Stephanie Agnon, Markham Woods Road, addressed the Board to state they are students from Orangewood Christian School, Maitland, and are present today for their American Government class.

County Manager’s Briefing

Ms. Coto gave opening remarks for Item #27, Approve 2008 Validation of the Water and Sewer Capital Improvement Program (CIP); approve staff to continue to proceed with preparation for the 2nd Bond issue; and provide direction to staff regarding the current development strategy for Phase 2 of the Regional Surface Water Treatment Facility at Yankee Lake. She said staff has had a number of meetings over the last year with a couple of other utilities and couple of entities regarding the facility. The intention today is for staff to provide the Board with an overview of the issues they have been dealing with. She wants to assure the Board that before they have a contractual commitment with any of these potential partners, staff will bring forward any deal points to the Board for their approval prior to drafting of the contract so they can clearly understand the conditions they will be presenting to the partners and concur with them before they actually present them to the partners in any type of formal format.

Chairman Carey stated the Board would not want to have staff negotiating an arrangement that the Board has not approved in advance.

John Cirello, Director of Environmental Services, addressed the Board to state staff is seeking today to update the Board on the CIP and progress made to date and provide an outline for upcoming program activities. This is a semi-annual program update. Staff had scheduled to give an update in January this year but a number of events took place relating to the current permit and application for Phase 1. They ended up receiving a technical staff report on the permit and recommendation that it be granted. In February, staff prepared to come again and ended up with a challenge to the permit. He said staff is looking for approval and direction today on three items: validation of the current CIP, the second bond issue and the ability to go forward with that in terms of the Board’s concurrence, and staff will be presenting to the Board the proposed governance for the Yankee Lake Regional Surface Water Plant which is Phase 2, and some of the things in terms of the concept proposed for governance for the facility. He said the staff will not bring any items outside the purview of the Board without first discussing and getting the Board’s concurrence.

Dr. Cirello began the PowerPoint presentation (copy received and filed) with the Introduction, stating Seminole County is ahead of any local utility in terms of going forward with a regional facility and is positioned now as a regional leader in Central Florida.

Drew Jeter, CH2M Hill, addressed the Board to continue the presentation with Program Management and Program Controls.

Commissioner Henley asked if they will be able to stay within the budget to accomplish all they have laid out.

Mr. Jeter said the CIP is on budget now with that being the baseline budget of $332 million for the CIP through 2011. He further advised Chairman Carey that there were some additional requirements that were taken care of that were not originally envisioned. He said they are getting a good value for the dollar.

Commissioner Dallari asked, with the P.O.’s, how fast are they going through the paper work when they establish there is a need.

Mr. Jeter stated the schedule now allows for 100 business days between design completion and execution of the construction contract, but they have been increasing the coordination with the Purchasing and Contracts Division.

Dr. Cirello said he is hoping to get that streamlined to 60 days.

Mr. Jeter continued with discussion of Program Communication, Design Management and Construction Management.

Upon inquiry by Chairman Carey, Mr. Jeter advised that 17 projects have been completed.

Mr. Jeter continued the presentation with discussion of Residential Reclaimed Retrofit Phase I; the Outlook; and Outlook, 2^nd Bond Issue Projects.

Dennis Westrick, Environmental Services PEI, addressed the Board to continue the presentation with discussion of Revalidation/Reprioritization and Major Steps.

Chairman Carey asked about ozone treatment as an alternative to chlorine and if it is more cost effective. Also, she asked why switch now at a $35 million cost from a system they have been using for many years.

Dr. Cirello explained that the Environmental Protection Agency (EPA) has clamped down on the chlorine by-products that have been shown to have negative effects to humans. The effort is to try to reduce the levels of chlorine by-products.

Upon inquiry by Commissioner Dallari, Dr. Cirello said the ozone treatment will have different maintenance than chlorine and that is in the budget. He further advised Chairman Carey that the cost is more expensive to go to ozone, but as a result of new regulations coming out, they will be forced soon into using the ozone treatment.

Chairman Carey said she would like to have discussions with staff in a separate briefing about chlorine vs. ozone treatment. She asked Dr. Cirello to prepare to brief those Board members who are interested, and she is interested in such a briefing.

Mr. Westrick continued with discussion of Major Steps on Consolidated Groundwater CUP Status.

Chairman Carey noted for the Record that the actual PowerPoint presentation is a little different from the information packet provided in the agenda.

Mr. Westrick reviewed the Revalidation Results and Updated CIP Funding Drivers.

Bob Briggs, Environmental Services Business Office, addressed the Board to continue the presentation with discussion on the 2^nd Bond Issue.

Dr. Cirello advised Chairman Carey that it is coming from EPA that the County will be limited on what kind of chlorine they will be able to use. Chairman Carey said she would like to hear the rules that would trigger the County to make that change. She asked staff to include that information in their briefing.

Mr. Briggs continued his presentation.

Commissioner Henley asked what affect will withdrawing from the St. Johns River have on the 2^nd Bond Issue in the event that they don’t approve it.

Mr. Jeter said the delay does not fundamentally change the five-year CIP requirements. Regardless of how many months it takes for the surface water plant to be approved, that remains part of the plan.

Commissioner Dallari asked if they do not get permission to draw from the St. Johns, are there any projects into place presently that would not be utilized because of that, or are the others stand-alone projects.

Dr. Cirello stated the others are stand-alone projects; they don’t need the surface water plant to be operational for the other projects.

Commissioner Dallari explained the Board doesn’t want to put in infrastructure that would be just sitting there. Chairman Carey added that if they are building infrastructure that needs surface water, that is something the Board doesn’t want to put into place until they know they have the water to charge it with.

Dr. Cirello stated they are not doing that.

Commissioner Henley asked if they don’t get the permits they’re requesting, how much of the second phase are they in need to sell the bonds for. Dr. Cirello stated they have other projects that will go in place.

Dr. Cirello continued the presentation with review of Phase II, Yankee Lake Regional Surface Water Treatment Facility Project Objectives; Project Location; Current and Future Site Plans; Project Status; Project Development to Date; and Yankee Lake Regional Development and Review Team.

Under discussion, Chairman Carey asked how a contract could be drafted without knowing what the BCC would accept as a contract.

Mr. McMillan stated staff has not done any work on the contract and had hoped to bring that discussion at this meeting. He said he will have Mr. Minter of his office prepare a memo to the Commissioners individually, and staff will review the issues that have been addressed in the meetings and assure the Commissioners have an understanding of what those issues are. He said it had been the plan to brief the partners and as consensus is reached, staff would draft specific language. At this point, he thinks it would be well to get a memorandum on the 10 major issues, on what has been discussed and what the concept is; and get a consensus from the Board on whether they wish to proceed along those lines.

Chairman Carey stated she thinks it is important “not to get the cart before the horse.” She doesn’t want the partners to brief their officials on something that may not come the way they think.

Dr. Cirello continued with review of the Proposed Deal Structure; Proposed Governance and Partnership.

Commissioner Henley discussed with Dr. Cirello what oversight means and discussed conflict resolution.

Chairman Carey said she had questions with Dr. Cirello on a separate operating board. She understands that the Board of County Commissioners would have the final say. If there became a conflict, the way they would resolve it would be through the Florida Statutes mediation. Whereupon, Commissioner Henley said he wants to make sure they have a clear understanding of the conflict/dispute resolution.

Mr. McMillan stated this is all his staff will be bringing forward and getting clarification on.

Chairman Carey stated she wants those deal points to come back to the BCC and the sooner, the better.

Dr. Cirello said staff expects to come back to the Board individually and jointly with the deal points for consideration of approval or disapproval.

Commissioner Dallari stated three cities have not given a letter of intent. He asked if staff has anything in writing that the cities are not interested. He said staff needs to get something that acknowledges the cities don’t want to be involved. He explained he wants to make sure all elected officials are aware of what is on the table and the information has been given to everyone so they can’t say later they weren’t informed and didn’t know. He advised Ms. Coto that the County needs something signed by an authority from those cities.

Chairman Carey said she thinks it has to be a letter directly from the BCC to the elected officials.

Dr. Cirello reviewed the Non-Binding Letter of Intent as of April, 2008.

Eric Rothstein addressed the Board to continue the PowerPoint presentation with review of the following slides: Project Development will Convey Significant Benefits to Seminole; Project Development Risks and Risk Mitigation Strategies; Seminole County Contributions Provide Basis for Returns and Fees; Return and Fee Impacts; and Regional Leadership.

Dr. Cirello discussed Phase 2 Next Steps. He said he is not asking for the Board’s approval at this point on governance but want confirmation that staff is on the right road of progressing forward.

Ms. Coto concluded that the Board heard the CIP update. Staff will provide the Board with additional information that will require a consensus that staff is moving in the right direction. On the bond issue, staff will continue to work on development of that, but won’t take it further until they have a better understanding of what the financial forecast looks like.

Chairman Carey said she is also hearing that none of the infrastructure depends on surface water.

Ms. Coto said, as to the Regional Facility, the County Attorney’s office is to take the lead to bring back concepts and deal points to the BCC individually and collectively to get their approval before actually beginning to draft a contract and going to potential partners.

Chairman Carey said also the Board will have a briefing on the ozone treatment, and she and Ms. Coto will work on a letter to go to the elected officials who have decided not to sign a letter of intent at this time.

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Chairman Carey recessed the meeting at 12 noon, reconvening at 1:33 p.m., this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner McLean, seconded by Commissioner Dallari to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

APPEAL AGAINST THE BOA,

ADAM LANDA

Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision for property located at 3039 Cecilia Drive as follows: (1) Denial of a side yard (east) setback variance from 10 feet to 5 feet for the expansion of an existing single-family home; and (2) Approval of a side yard (west) setback variance from 10 feet to 6 feet for the expansion of an existing garage in R-1AA, by denying the first variance request and approving the second variance request, Adam Landa, received and filed.

Planner, Joy Williams, addressed the Board to present the request, advising the staff received two requests for appeal of the Board of Adjustment. The applicant and appellant, Adam Landa, has appealed the decision to deny a side yard (east) setback from 10 feet to 5 feet for the expansion of an existing single family home; and Don Love, 3056 Cecelia Drive, has appealed the decision to approve a side yard setback (west) variance from 10 feet to 5 feet for the expansion of an existing detached garage.

Appellant, Adam Landa, addressed the Board to display a drawing (received & filed) of the proposed addition to his house and garage and an aerial photograph (received & filed) of his house and surrounding property, stating he is proposing to go from a two-car garage to a three-car garage on the west side of his property. On the east side of the property, he said he is proposing the addition to the house and is trying to keep some light in the house, therefore, he is pushing the construction out toward the lot line. He displayed pictures (received & filed) of his view from his kitchen and porch, stating the boat dock on the lot next door has a lot of boat launching traffic, people fishing and picnicing. That is why he is trying to move his living space to the other side of his property. He stated that other lots in the area have been granted variances and because of his irregularly-shaped lot, he feels his request should be granted.

Discussion ensued between the Board and County Attorney, Robert McMillan, regarding the existing garage already being inside the setback area. Ms. Williams stated she was unable to find an original building permit for the existing garage. She said there was a permit pulled in 1992 to refurbish it.

Shirley Haynes, 3045 Cecelia Drive, addressed the Board to speak in opposition to the requested variances, stating she lives next door to the east and is concerned about the appellant building his addition so close to her house. She said the addition will cut down on the sunlight she gets and the space is important for her view of the lake. She believes this will adversely affect her property value. She displayed a photograph (received & filed) showing the property line between the homes and advised there is a culvert (photograph received & filed) that runs along the two properties which carries water into the lake. She stated she is concerned that the addition so close to the property will affect the flow of that water. She further advised that she has lived on her property since 1953 and has protected the lake for many years and believes this space needs to be kept open.

Upon inquiry by the Chairman, Ms. Haynes advised when she moved there in 1953, there was a small house on the property with a garage. In 1982, the owners renovated the house.

Ken Plate, 1521 Frances Drive, President of the Paradise Community Club, addressed the Board to speak in opposition, advising the Paradise Community Club owns the lot and boat ramp that is next door to Mr. Landa. He submitted a Petition, as shown on page _______, consisting of 75 area residents and the members of the community club who are against the requested variances. He also submitted an online petition of area residents who are also in opposition. He said they feel the encroachment into the setback will a detriment to the neighborhood. They also feel that putting an over-sized, giant house on a small piece of property is harmful for the area. He expressed his concern about the run-off into the lake and the damage it will do. He said Mr. Landa should have taken into account the boat ramp that was next door to his property when he purchased his house.

Richard Hagen, 3045 Cecelia Drive, addressed the Board to advise he owns the property with his sister, Shirley Haynes. He stated they do not want to be a bad neighbor, however, the property owner to the east of them has already received a variance and their house is very close to their property and they do not want their west property line to be that close. He displayed a photograph (received & filed) of the house that is located on the other side of their property which received the setback variance. He submitted a Petition, as shown on page ________, in opposition to the variances. He added that granting of the variances may decrease their freedom if he and his sister wanted to construct a new home on their property.

Upon inquiry by Commissioner Henley, Mr. Landa advised he purchased his property in September of 2006. He further advised that he and his wife came down from New York to visit the property twice in August before purchasing it, but did not see the boat ramp being used.

Commissioner Henley explained that there are requirements for granting variances and one of them is finding a hardship.

Mr. Landa stated he feels the shape of his lot is irregular and, therefore, the variances should be granted. No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Van Der Weide stated he does not see a hardship on either requested variance. He further stated that if the Board of Adjustment had been appealed when they granted the variance on the other side of Mr. Hagen’s property, he would have recommended denial on that one too.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to uphold the decision of the Board of Adjustment in denying a side yard (east) setback variance from 10 feet to 5 feet for the expansion of an existing single-family home; and reverse the decision of the Board of Adjustment in approving a side yard (west) setback variance from 10 feet to 6 feet for the expansion of an existing garage in an R-1AA district for property located at 3039 Cecelia Drive, as described in the proof of publication, Adam Landa, Decision of Appeal, as shown on page _________.

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

REQUEST TO REZONE FROM A-1

TO PCD, JACK REYNOLDS

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) for 1.9 acres, located 1000 feet west of the intersection of Mikler Road and SR 426, and approve the Preliminary Site Plan for same, Jack Reynolds, received and filed.

Planner, Ian Sikonia, addressed the Board to present the request, advising the proposed Preliminary Site Plan shows a total of 17,568 square feet, divided between four buildings. The intended office uses are limited to 5,920 square feet and the warehouse uses are limited to 11,648 square feet. The property is located in an area transitioning from large single-family home lots to commercial and industrial employment centers. He further advised the P & Z Commission unanimously voted to recommend approval; and staff also recommends approval of the rezoning and plan.

Jack Reynolds, applicant, addressed the Board to state he agrees with the staff comments and the stipulations in the D.O.

Development Review Manager, Larry Poliner, addressed the Board to clarify the staff is requiring the applicant to put in a sidewalk along the property’s frontage. Also, there are downstream flooding issues that will need to be taken care of.

Mr. Reynolds stated the initial staff report stated that no sidewalks would be needed; however, they will install them.

No one else spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance #2008-17, as shown on page _______, granting rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) for 1.9 acres, located 1000 feet west of the intersection of Mikler Road and SR 426, as described in the proof of publication, and approve the Preliminary Site Plan for same, subject to the conditions in the Development Order, as shown on page _______, per staff findings, Jack Reynolds.

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

SMALL SCALE LAND USE AMENDMENT &

REZONE FROM PUD TO PUD, JACK REYNOLDS

Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a Small Scale Land Use Amendment from PD (Planned Development) to PD (Planned Development) and rezoning from PUD (Planned Unit Development) to PUD (Planned Unit Development) on approximately 0.62 acres, located 300 feet south of the intersection of Sand Lake Road and Line Drive, Jack Reynolds, received and filed.

Planner, Ian Sikonia, presented the request, giving the history of the parcel and advising the rezoning will allow all permitted uses within the OP zoning district. He further advised the applicant is requesting a waiver from the Active/Passive Buffer Setback Design Standards along the south property line. The adjacent property is Medium Density Residential, which requires the standards; and, the requirements for the active property line are a 25-foot landscape buffer and a 50-foot building setback. Although, the adjacent property has a residential future land use designation, it is zoned RP and is developed with an office building. The applicant is requesting a 10-foot side setback and a 5-foot landscape buffer in lieu of the active buffer. Staff finds the requested buffer and setback sufficient due to the RP zoning and the office building adjacent to the subject property. He stated the P & Z Commission unanimously recommended approval of the amendment and rezoning; and staff also recommends approval.

Jack Reynolds, applicant, stated he agrees with the staff comments and the conditions in the D.O.

No one else spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt Ordinance #2008-18, as shown on page _______, approving Small Scale Land Use Amendment from PD (Planned Development) to PD (Planned Development); to adopt Ordinance #2008-19, as shown on page _______, granting rezoning from PUD (Planned Unit Development) to PUD (Planned Unit Development); and to approve the Preliminary Master Plan and Development Order, as shown on page _______, on approximately 0.62 acres, located 300 feet south of the intersection for Sand Lake Road and Line Drive, as described in the proof of publication; Jack Reynolds.

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

LEGISLATAIVE UPDATE

Assistant County Manager, Sabrina O’Bryan, addressed the Board to give an update on the Legislative Session, advising the Taxation & Budget Reform Committee will be meeting on April 24 and 25 in order to discuss the last 8 items on their agenda. Two of those items are the replacement of local effort funding for education with the sales tax and the local option sales tax to supplement community college funding. She further advised that the Tabor bill did fail on April 14 and, therefore, will not be moving forward.

Assistant County Attorney, Susan Dietrich, addressed the Board to discuss the bill to assist citizens in funding the replacement of septic systems located within the Wekiva River Basin Protection Area.

Chairman Carey requested staff provide her with a copy of this bill.

Ms. Dietrich advised that HB991, transit tax bill, has not moved since April 10, as it was delayed for the commuter rail funding.

The Chairman stated it is her understanding that if the commuter rail funding is approved, the car rental tax bill will not go anywhere. Discussion ensued.

Assistant County Attorney, Guy Minter, addressed the Board to discuss the changes in limits for the sovereign immunity in the transit tax bill, advising currently the limits are $100,000 per person and $200,000 per incident. The proposed changes would make it $250,000 per person and $500,000 per incident. He said if this is passed, it would require the County to make modifications to the commuter rail agreements they have with the other participating partners. He added that this legislation is sponsored by the trial lawyers and this will be an opportunity for them to use this as an example to raise the limits across the board.

CHAIRMAN’S REPORT

Chairman Carey advised of two new flights starting in June that will be running out of Orlando Sanford International Airport. They are Guadalajara and Monterey, Mexico. She also advised that the Airport management team has been partnering and making key environmental conservation strives, including decreasing carbon emissions and reducing water conservation. She suggested County staff keep their eye on how the program is working in order to learn what others are doing.

COMMUNICATIONS AND/OR REPORTS

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

1. Copy of letter dated April 2, 2008 to President John Hitt, UCF, from Mrs. Cynthia Coto re: request for Small Area Study that may focus on student housing and other associated issues.

2. Copy of Order dated April 3, 2008 of the Florida Public Service Commission re: suspension of tariff.

3. Letter dated April 3, 2008 to Chairman Brenda Carey from Teresa Jacobs, ECFPRC, re: mini water summit on April 18, 2008.

4. Copies of letters dated April 4, 2008 to Sheriff Eslinger and Tad Stone, Seminole County Public Safety, re: The Closing of Lake Mary Boulevard and Opening of Cameron Avenue in an Emergency.

5. Letter dated April 4, 2008 from Cynthia Porter, Deputy Clerk, City of Sanford, re: Ordinance 4101 - the annexation of property lying between Celery Avenue and Wheatfield Loop, and between Brisson Avenue and Pinefield Drive.

6. Letter dated April 4, 2008 from Cynthia Porter, Deputy Clerk, City of Sanford, re: Ordinance 4100 – the annexation of property lying between Moores Station Road and Marquette Avenue, and between Cameron Avenue and Sipes Avenue.

7. Notice of Public Hearing from the City of Sanford received April 7, 2008 re: rezone of property located at 111 North Palmetto Avenue, Sanford.

8. Parks Contracts for Services, as shown on page _______, for Jane Koubek and Paul Bell.

9. Letter dated April 9, 2008 from Paul Polidoro, Associate General Counsel Watchtower Bible and Tract Society of New York, Inc., re: Jehovah’s Witnesses being prohibited from their public ministry.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Carey requested adoption of resolutions of appreciation for Brian Overby and Greg Kern.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-104, as shown on page _______, in appreciation to Brian Overby; and to adopt Resolution #2008-R-105, as shown on page _______, in appreciation to Greg Kern for their service on the MPO Citizens Advisory Committee.

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

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Commissioner Carey requested adoption of resolution of appreciation for Bill Schaffer.

Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-106, as shown on page _______, in appreciation to Bill Schaffer for services on the Animal Control Board.

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

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Commissioner Carey advised that on April 18 she presented the Grand Prize to the Mosquito Control Poster Contest Winner at Bentley Elementary School. She reviewed some tips that homeowners can do to help eliminate mosquitoes.

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Commissioner Carey reported she participated in the dedication of the Historical Marker at the Student Museum on April 19.

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Commissioner Carey announced that today is Earth Day; and presented each Commissioner with a Purple Coneflower (Echinacea) advising the plant attracts butterflies and birds and is highly drought tolerant.

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Commissioner Carey reminded the Commissioners that the Geneva Law Enforcement Memorial dedication is scheduled today at 5:00 p.m. at the Geneva Elementary School. She also reminded the Board of the Work Session scheduled tonight at 7:00 p.m., on the EAR.

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Commissioner McLean stated he traveled to Tallahassee last week to discuss commuter rail.

Chairman Carey questioned if Commissioner McLean had any travel expenses for that trip. Whereupon, Commissioner McLean advised he will be bringing those to the Board for consideration.

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Commissioner McLean advised the American Cancer Relay for Life in Lake Mary raised $165,000.

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Commissioner McLean reported that he judged the speech contest for the 4-H Club recently.

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Commissioner Van Der Weide requested consensus for the Historical Museum to conduct a barbeque fund-raiser on their property on June 14.

Ms. Coto advised the request for the fund-raiser is on her desk and she has the authority to approve it.

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Commissioner Van Der Weide advised Baskin Robbins will be doing “31 cent scoop night,” a fund-raiser for the Hero’s Memorial on April 30, 2008 at the Fern Park and Oviedo stores.

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Upon inquiry by Commissioner Dallari, Planning & Development Director, Dori Debord, addressed the Board to advise staff has completed a scope of work for the Carillon Small Area Study and sent it out to the consultant. They are awaiting a reply with regard to pricing.

Commissioner Dallari stated he has a couple of items to add to the study.

Ms. Debord stated staff should have an answer from the consultant back to the Board at their next BCC meeting.

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Commissioner Dallari suggested Ms. Coto look at the purchase order issue with the Water & Sewer CIP. Whereupon, Ms. Coto advised she is already working on same along with other efficiency issues.

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Commissioner Henley reported that the Casselberry Mayor has sent a letter advising that the City Commissioner voicing objections to the proposed Hwy. 17-92/SR 436 Flyover was acting on his own.

Discussion ensued with regard to the proposal to suspend the gas tax from Memorial Day to Labor Day. Commissioner Henley advised that approximately $361 million of tax funds will be lost state-wide and approximately 12,000 jobs.

Chairman Carey asked staff to contact the County’s Federal lobbyist with regard to same so that this can be monitored.

ITEMS FOR FUTURE AGENDA

Robert King, 2211 Black Hammock Road, addressed the Board to give an update on the noise problems in his neighborhood, advising he will be meeting with the Sheriff and his deputies to see what can be done about the situation.

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There being no further business to come before the Board, the Chairman adjourned the meeting at 3:10 p.m., this same date.

ATTEST:________________________Clerk_______________________Chairman

cc/slm

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m. on Tuesday, April 22, 2008, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of the said Board.

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