Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-145, as shown on page _______, commending Betty Brandl for her 19+ years of service to Seminole County and its citizens upon her retirement.

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

The Resolution was presented to Ms. Brandl and her husband. Ms. Brandl addressed the Board to express her appreciation to the Board, Ms. Coto, Speed Thomas and Ken Roberts.

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Motion by Commissioner Carey, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-146, as shown on page _______, commending Dale R. Stevens for his heroic efforts to save his neighbor, Terri Hoag, after a lightning strike.

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

The Resolution was presented to Mr. Stevens.

Terri Hoag addressed the Board to advise not only did Mr. Stevens save her life but that of her young son who she was holding. She presented Mr. Stevens with a medal made by her older son which read, “Thank you for saving my mom’s life”.

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Motion by Commissioner Morris, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-149, as shown on page _______, commending Libby Harper for her role in supporting the Friends of the Seminole County Library System for the last 30+ years.

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

The Resolution was presented to Ms. Harper and her family.

Ms. Harper addressed the Board to express her thanks.

COUNTY MANAGER’S CONSENT AGENDA

County Manager, Cindy Coto, requested that Item #10, BAR #06-71 in the amount of $2,000,000, be considered along with Item #41, Land Purchase for the Five Points Complex.

Commissioner Carey stated she will be leaving the meeting today at 2:30 p.m. in order to attend a FAC Conference. Therefore, she requested that Items #50, #51, and #52 be moved up on the agenda and heard first. The Board voiced no objections to same.

Commissioner Dallari requested Item #18, W.O. #2 to PS-0381, be pulled for a separate vote.

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

Community Services

Community Assistance

5. Approve and authorize Chairman to execute the First Amendment, as shown on page _______, to the SHIP/HOME Program Community Housing Development Organization Subrecipient Agreement among Seminole County, The Center for Affordable Housing, Inc., and Lisa Merlin House, Inc. for program years 2001-2002-2003-2004 and 2004-2005.

6. Approve and authorize Chairman to execute the 2006-2007 Edward Byrne Grant Memorial Justice Assistance Grant Applications, as shown on page _______, and all required documents.

7. Approve and authorize Chairman to execute the First Amendment, as shown on page _______, to the Seminole County and The Seminole County Public Schools Midway Safe Harbor Center agreement.

Environmental Services

Solid Waste Management

8. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity, as shown on page _______, for Full Pull, Inc. to provide construction and demolition debris collection services in unincorporated Seminole County.

Fiscal Services

Budget

9. Adoption of appropriate Budget Amendment Resolution #2006-R-150, as shown on page _______, #06-70 - $150,000 – Public Works - Engineering. To appropriate funding for the design of a separate sidewalk along the south side of the CR 419 bridge over the Econlockhatchee River at Willingham Road. Additionally, funds are requested for the potential installation of a temporary traffic barrier to ensure the safety of pedestrians along this 1700 linear foot span. Pending preliminary engineering feasibility determinations, the interim barrier would serve as an initial stage of improvements and would be in place until a permanent safety feature can be designed and installed. Upon final design and permitting, construction of the permanent improvements would be anticipated in FY 2007/08. This project is being proposed based upon a recent staff evaluation conducted in response to citizen concerns.

11. Adoption of appropriate Budget Amendment Resolution #2006-R-152, as shown on page _______, #06-72 - $3,494 – Supervisor of Elections – General Fund. This Budget Amendment recognizes $3,494 in revenue for a grant awarded to the Seminole County Supervisor of Elections pursuant to federal HHS grant awards under the VOTE program, to establish, expand and improve access to and participation in the election process by individuals with disabilities.

12. Adoption of appropriate Budget Amendment Resolution #2006-R-153, as shown on page _______, #06-73 - $60,500 Human Resources – General Fund. Appropriation from General Fund Reserves for designing and implementing a countywide performance management plan. On May 23, 2006, the Board directed that the contract with Evergreen Solutions be amended to include a comprehensive performance management study. Contract is included in Purchasing Consent agenda for Board approval. General Fund Reserve for Contingencies balance after adjustment will be $15,644,917.

13. BCR #06-22 - $53,704 - Community Services – Community Assistance. The Mid Year adjustment process incorrectly moved funds from the professional services line rather than the contracted services line. This action is needed to restore necessary funds to the professional services line.

Grants

14. Approval to submit a grant application to the Staffing for Adequate Fire and Emergency Response (SAFER) Grant program; and authorize the County Manager to execute supporting documents.

Purchasing

15. Award CC-0835-06/BLH Contract, as shown on page _______, for Snow Hill Road Bridge Erosion Control Project to R.J.P. Enterprises, Inc. of Gainesville ($339,993.50)

16. Award CC-0952-06/TRJ Contract, as shown on page _______, for Fire Station #27 Concrete Slab Replacement to LAS Contracting, Corp. of Palm Coast ($184,762.00).

17. Approve the ranking, authorize negotiations and award PS-0722-06/BHJ Contract, as shown on page _______, for Chapman Road Final Design Services to Inwood Consulting Engineers, Inc., Orlando ($500,000.00 estimated).

19. Approve Amendment #4 to RFP-4140-01/BJC – Courier Services Agreement, with Coastal Courier, Inc., Winter Park ($2,409.02).

20. Approve Amendment #1 to RFP-4264-05/BJC – Compensation and Benefits Study for Seminole County with Evergreen Solutions, LLC, Tallahassee, (Increase Scope of Services - $60,500.00).

21. Approve Amendment #4 to IFB-3072-03/JVP – Term Contract for Sodium Hypochlorite with Harcross Chemicals, Inc., Tampa (Price Increase) (Term Contract).

Library & Leisure Services

22. Approve and authorize Chairman to execute a Service Agreement, as shown on page _______, with Lyndel and Company to provide children’s programs at the branch libraries as part of the Summer Reading Program.

23. Approve and authorize Chairman to execute a Lease Agreement, as shown on page _______, with Seminole Baseball, Inc. for the rights to facilities at Soldier’s Creek Park through December 31, 2006.

24. Approve travel for Rita Law-McCumber, Family & Consumer Sciences Extension Agent to travel to Thailand to attend an International Food Safety Conference.

Planning & Development

Community Resources

25. Adoption of appropriate Resolution #2006-R-154, as shown on page _______, renaming 1^st Street to Lowe Castle Land to avoid confusion and delays in emergency response.

26. Adoption of appropriate Resolution #2006-R-155, as show on page _______, renaming 5^th Street to Sugar Sand Lane to avoid confusion and delays in emergency response.

Development Review

27. Adoption of appropriate Resolution #2006-R-156, as shown on page _______, accepting Quit Claim Deed, as shown on page _______, and cancel property taxes for land donated as right-of-way on Upsala Road from Pulte Homes Corporation.

28. Authorize release of the Lakewood Pointe Office Park Maintenance Agreement and Irrevocable Letter of Credit #806 for $2,785.00 (Peoples First) for road improvements.

29. Adoption of appropriate Resolution #2006-R-157, as shown on page _______, to vacate and abandon a two (2) foot portion of a fifteen (15) foot platted utility easement at the rear of the lot to allow construction of a new screen enclosure over an existing pool on property located at 1031 Chesterfield Circle (David Copeland).

30. Adoption of appropriate Resolution #2006-R-158, as shown on page _______, to vacate and abandon a two (2) foot portion of a seven and one half (7.5) foot platted utility easement at the rear of the lot to allow construction of a new screen room (Tony D. and Joyce A. Schultz).

31. Adoption of appropriate Resolution #2006-R-159, as shown on page ________, to vacate and abandon a portion of the north 1 foot of a 7.5 foot wide utility easement for the placement of a screen enclosure damaged by hurricanes in August 2004 on property located at 5421 Endicott Place, Oviedo (Jerome Stephen and Katherine H. Ruby).

Planning Division

32. Approve Satisfaction of Code Enforcement lien on property located at 149 Magnolia Drive, Altamonte Springs (Le Dai Tu) Case #02-135-CEB.

33. Approve and authorize Chairman to execute a state-funded Subgrant Agreement, as shown on page _______, in the amount of $10,000 for water supply technical assistance.

Public Works

Traffic Engineering

34. Approve and authorize Chairman to execute Agreement, as shown on page _______, between the St. Johns River Water Management District (SJRWMD) and Seminole County for the Lake Monroe Restoration-Midway Regional Stormwater Facility.

35. Approve and authorize Chairman to execute a Memorandum of Understanding, as shown on page _______, with the State of Florida, Department of Transportation and Seminole County for mast arm signals on SR 415.

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

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Discussion ensued with regard to Item #18, Work Order #2 to PS-0381-06/BLH, County Services Building Re-Roofing Project.

Upon inquiry by Commissioner Dallari, Acting Administrative Services Director, Speed Thomas, advised they will try to get a 20-year guarantee on the roof. He also advised that they will be looking at any type of energy conservation that is available and they will seek any rebates.

Upon inquiry by Commissioner Morris, Ms. Coto advised staff has proposed, in the FY 06/07 budget, to hire a consultant to conduct an overall roof assessment on the fire stations.

Motion by Commissioner Dallari, seconded by Commissioner Morris to approve Work Order #2, as shown on page _______, County Services Building Re-Roofing Project under PS-0381-06/BLH, Master Agreement for continuing architectural and engineering services for projects not exceeding $1,000,000 to Starmer Ranaldi Planning & Architecture, Inc., of Winter Springs.

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

COUNTY ATTORNEY’S CONSENT AGENDA

Motion by Commissioner Dallari, seconded by Commissioner Carey to approve the proposed negotiated settlement relating to Parcel Number 149 on the Bunnell Road improvement project, in the amount of $31,518, inclusive of all land value, severance damage, statutory interest, attorney’s fees, expert fees and cost reimbursements.

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

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County Attorney, Robert McMillan, advised the Circuit Court quashed the County’s rezoning decision dealing with Rustling Oaks (April BCC meeting). He said this was done prior to the County filing a response. He, therefore, requested the Board ratify the appeal of this to the Fifth District Court of Appeals.

Motion by Commissioner Dallari, seconded by Commissioner Carey to ratify the County’s appeal of the Rustling Oaks decision to the Fifth District Court of Appeals.

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

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Commissioner Dallari advised the appellant of Item #54, Appeal against the BOA, John Kelly, has asked for a continuance.

At the request of Commissioner Dallari, Mr. McMillan gave a brief history of the appeal.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk’s Report

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

37. Expenditure Approval Lists, as shown on page _______, dated May 30 & June 5, 2006; and Payroll Approval Lists, as shown on page _______, dated May 18 & June 1, 2006.

38. BCC Official Minutes dated May 23, 2006.

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

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

1. Notice of Cancellation of Hearing & Prehearing from PSC RE: Sanlando Utilities Corp.

2. Petition for issuance of a storm recovery financing order by FP&L Co. from the PSC.

3. Memo from the County Attorney’s Office submitting the following, as shown on page _______: Warranty Deed & Title Insurance from Stephen Yost for Eden Park Ave.; Temporary Construction Easement from Fla. Conference Association of Seventh-Day Adventist for Bunnell Road; Quit Claim Deed & Title Insurance from Fla. Central Railroad Co., Inc. for Bunnell Road; Warranty Deed & Title Insurance from Paul Carter for Lake Drive; and Title Insurance for Parcel #16-19-30-5AC-0000-0450 for Elder Creek/C-15 Ponds.

4. Memo from County Manager, Cindy Coto, RE: Capital Project Fund Transfer in the amount of $300,000 for the Central Transfer Station Scalehouse & Truck Wash.

5. Proposed Budget, as shown on page _______, for FY 2006-07 for the Sheriff.

6. Memo from County Attorney’s Office submitting copy of Letter Agreement, as shown on page _______, for The Spivey Group, Inc.

7. Letter of Credit, as shown on page _______, in the amount of $54,690 for Regal Pointe Park; Letter of Credit in the amount of $125,000 for Wilson Park; Letter of Credit in the amount of $111,143.02 for Estates at Wekiva Park Ph. II; Maintenance Bond in the amount of $1,303.75 for Slone Retail Center; Letter of Credit in the amount of $61,509.60 for Wilson Park; and Private Road Maintenance Bond in the amount of $15,559 for Talman Mews Ph. 1.

8. W.O. #34, as shown on page _______, to PS-5120-02.

9. W.O. #9, as shown on page _______, to PS-5175-04.

10. W.O. #1, as shown on page _______, to PS-0381-06.

11. W.O. #1, as shown on page _______, to RFP-4259-05.

12. W.O. #55, as shown on page ________, to PS-5130-02.

13. C.O. #3, as shown on page ________, to CC-1212-03.

14. W.O. Amendment #1, as shown on page _______, to W.O. #1 to PS-5156-04.

15. Development Orders, as shown on page _______, for the following variances: Jeffrey Rosino; Naval & Vijayalaxmi Modani; Russell & Beverly Curry; Mary Jo Williams; Wendy Tumlin; Joyce & Tony Shultz; David & Angela Rybinski; Jorge Rodriguez; Neal Winnie, Michelle Winnie, & Williams Cluff; and Jesus Duran.

16. W.O. #4 and #5, as shown on page _______, to PS-5190-05.

17. Third Amendment, as shown on page _______, to RFP-4242-05.

18. W.O. Amendment #1, as shown on page _______, to W.O. #4 to RFP-4240-05.

19. W.O. Amendment #3, as shown on page _______, to W.O. #6 to PS-5150-03.

20. Certificate of Final Completion, as shown on page _______, for CC-1222-TLR W.O. #11.

21. W.O. #13, as shown on page _______, to PS-5174-04.

22. W.O. Amendment #1, as shown on page _______, to W.O. #16 to RFP-4214-04.

23. First Amendment, as shown on page _______, to PS-0381-06.

24. C.O. #2, as shown on page _______, to CC-1262-05.

25. Contract, as shown on page _______, for IFB-600016-06.

26. W.O. #2, as shown on page _______, to PS-5183-05.

27. W.O. #31, as shown on page _______, to CC-1262-05.

28. C.O. #2, as shown on page _______, to CC-1262-05.

29. W.O. #32, as shown on page _______, to CC-1262-05.

30. M-0947-06, as shown on page _______, Basic Contract with The Grove Counseling Center.

31. W.O. #42, as shown on page _______, to PS-5165-04.

32. C.O. #1, as shown on page _______, to W.O. #49 to CC-1212-03.

33. Second Amendment, as shown on page ______, to M-437-04 Contract.

34. W.O. #54, as shown on page _______, to PS-5130-02.

35. C.O. #1, as shown on page _______, to CC-1270-05.

36. Term Contract, as shown on page _______, for IFB-6000160-06, Ten-8 Fire Equipment.

37. First Amendment, as shown on page _______, to IFB-3120-05 Contract.

38. W.O. #8, as shown on page _______, to RFP-4240-05.

39. Second Amendment, as shown on page _______, to RFP-4242-05 Contract.

40. Letter, as shown on page _______, accepting water & sewer systems for Shoppes @ Hunt Club/AmSouth Bank-Unicorp National Development.

41. Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Ansara Heathrow Center Ph. 1.

42. Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Ansara Heathrow Center Ph. 3.

43. Conditional Utility Agreement, as shown on page _______, for water & sewer services with Ansara Heathrow Center Ph. 3.

44. Conditional Utility Agreement, as shown on page _______, for water & sewer services for Beazer Homes for Dodd Road Townhomes.

45. Conditional Utility Agreement, as shown on page _______, for water & sewer service with Metropolis Homes, Inc., Inc., for Tesoro Townhomes.

46. Bill of Sale, as shown on page _______, for Shoppes @ Hunt Club/AmSouth Bank – Unicorp National Development.

47. Non-certified Tennis Pro Agreements, as shown on page _______, as follows: Lauren Wolken, Hayley Pratt, and Jenna Doerfler.

48. Certified Tennis Pro Agreement, as shown on page _______, with Virginia Reeter.

49. Bids as follows: #600033-06/BJC; CC-0952-06/TRJ; RFP-600004-06/GMG; RFP-600032-06/GMG; PS-0984-06/TLR; CC-0998-06/TLR and PS-095506.

Sheriff’s Office

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-160, as shown on page _______, in the amount of $894,355 for the Sheriff’s Office budget that represents the revenue to be received from July 1, 2006 thru September 30, 2007 from the Department of Children and Families, including one additional full-time position and one part-time position.

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

REGULAR AGENDA

Meloney Lung, Administrative Services, addressed the Board to present the request for land purchase of property located at 4274 S. Orlando Drive (Hwy. 17-92) (Auto World) for expansion of the Five Points Complex. She advised that after a phase one environmental study was conducted on the property, some staining was found around a small area where the hydraulic lifts are located. A phase two study is being conducted at this time. She further advised that Mr. Link, property owner, has agreed to pay for any cleanup needed in an amount not to exceed $5,000.

Commissioner Carey expressed her concern with what the environmental study will find. Whereupon, Ms. Lung stated if it is anything major, staff would re-negotiate with Mr. Link for the cleanup.

Motion by Commissioner Carey, seconded by Commissioner Dallari to approve and authorize the Chairman to execute the Contract for Sale and Purchase of Land, as shown on page _______, for 4274 S. Orlando Drive (Hwy. 17-92) Sanford (Auto World), Parcel #14-20-30-300-0140-0000, owned by Link Holdings, Inc; and adopt appropriate Budget Amendment Resolution #2006-R-151, as shown on page _______, BAR #06-71, in the amount of $2,000,000, Administrative Services, to appropriate from the General Fund Reserves.

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

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Commissioner Morris discussed the memorial for law enforcement, public safety and veterans’ personnel. He said he would like staff to move forward with bringing back an RFP for the design of the memorial on the Five Points property. He said this should be a county-wide memorial and a reflective-type park. Discussion ensued.

Motion by Commissioner Morris, seconded by Commissioner Dallari to direct staff to develop the appropriate materials with respect to the design of an RFP to bring on the type of consultant to move in the direction of what was just discussed.

Under discussion and upon inquiry by Commissioner Carey, Director Penny Fleming, Sheriff’s Office, addressed the Board to advise the Sheriff’s Office has collected over $100,000 for a memorial. She said they have taken the lead on this and formed a committee in order to get it moving. The Committee consists of members from the Sheriff’s Office, Public Safety and Facilities Department. She also advised that Glatting Jackson & Associates has offered to do some work on the design.

Commissioner Carey stated she would like to see that committee continue, but would like to add a member from Veteran Services to it. She said she and Commissioner Morris can work with the committee to come up with the final design and attend the next committee meeting in July.

Commissioner Morris requested that in the future when County staff is meeting with other constitutional officers on matters germane to the BCC, that the Commission be notified of such meetings. He said the discovery that the Sheriff is working on something with the BCC staff is a little disconcerting. He said they have talked about putting a flag and memorial marker up in front of the Geneva Historical Museum for Deputy Eugene “Stetson” Gregory. Whereupon, Ms. Fleming advised the Sheriff is looking to move forward with that by using part of that $100,000.

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

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Assistant Planning Manager, April Boswell, addressed the Board to request direction with regard to Code Enforcement Lien, Case #04-43-CEB, Deutsche Bank National Trust Company/Emma & Colin Burley, 2455 E. 21st Street, Sanford.

Attorney Larry Shendell, representing Deutsche Bank National Trust Company, addressed the Board to advise that the bank accepts the proposed settlement recommended by staff.

Motion by Commissioner Carey, seconded by Commissioner Morris to approve a reduction to the Code Enforcement Board Lien from $60,800 to $2,640 for processing Case #04-43-CEB, and for Seminole County bringing the property into compliance located at 2455 E. 21st Street, Sanford, Deutsche Bank National Trust Company, current owners (Emma & Colin Burley previous owners); and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien.

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

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The Chairman recessed the meeting at 10:25 a.m., reconvening it at 10:40 a.m., this same date.

PUBLIC HEARINGS

Upon inquiry by Chairman Henley, the Board voiced no objections to continuing Item #54, Appeal against the BOA, John Kelly, as requested by the appellant.

REGULAR AGENDA, CONTINUED

DCM, Don Fisher, presented for consideration staff’s recommendation with regard to the Willow Grove Subdivision Wall Contribution which fell during Hurricane Charley. He gave a history of the brick wall, advising there are 12 different property owners with 12 different lots on which the wall sits. There is no easement and no right-of-entry onto the properties for either the residents of the subdivision or the County. Also, a waiver was granted to the developer of Willow Grove in 1983 that allowed for a split rail fence and hedge in lieu of a wall. He explained that the residents believe that the primary cause for the wall falling is because of the vibratory compaction which occurred during the widening of Tuskawilla Road, because of the removal of a significant sidewalk segment on which the wall sits, and because of the County adding one foot of height to 135’ of the wall. However, the County’s consultant attributes the fall of the wall to its poor construction, i.e., the lack of rebar, the wall sitting on top of the sidewalk, and lack of sufficient mortar. The wall was also constructed with no expansion joints and the columns were spaced on 40’ centers versus 25’ centers.

Mr. Fisher said the County Attorney’s office believes the County is not liable for the wall falling. However, the consultant acknowledges that the addition of height to the wall made the wall’s stability worse. Plus, the consultant found that the removal of the sidewalk contributed (less than 5%) to the wall falling. Because of those findings, staff would support a partnership with the residents with the County contributing 12.3% toward the cost of the construction of a new six-foot wall. Costs estimates for replacement were $245,000 in May of 2005 and using the 12.3% number, the anticipated cost to the County would be approximately $47,000.

Upon inquiry by Commissioner Dallari, Mr. Fisher advised that between 15% to 20% of the wall is still standing.

Mr. Tolliver, 1742 Willow Circle, addressed the Board to advise he is not an owner of any of the 12 lots, but has been given permission to speak for the residents. He displayed a large chunk of the wall in question (photographs of same on disk were received & filed). He advised 9 of the 12 lots now have temporary privacy fences. He displayed photographs (received & filed) of the fallen wall and the wooden fences. He discussed the portion of the wall that was added by Hubbard Construction at the County’s request.

Upon inquiry by Commissioner Carey, Mr. Tolliver advised that some of the homeowners did collect insurance money after Hurricane Charley; but some of them did not.

Commissioner Carey stated she believes the entire wall needs to be demolished. Discussion ensued.

Upon inquiry by Commissioner Dallari, Mr. Fisher advised the waiver for a split-rail fence with hedge still stands.

Commissioner Van Der Weide questioned that if the County approves a reimbursement of a certain percentage, are the 12 private property owners going to have the money to fund the wall or are they going to want the County to fund the wall upfront.

Commissioner Dallari stated he believes a solid wall should be erected. He questioned Mr. Tolliver if he believes he can get consensus of the 12 property owners to demolish what is left of the old wall and build a new wall. Whereupon, Mr. Tolliver answered yes.

Motion by Commissioner Dallari to authorize a County contribution of up to 70% for the replacement of a masonry wall for the Willow Grove Subdivision.

The Chairman called for a second to the motion three times without response, whereupon, the motion died for the lack of same.

Motion by Commissioner Dallari, seconded by Commissioner Morris to authorize a County contribution of up to 50% for the replacement of a masonry wall for the Willow Grove Subdivision.

Under discussion and upon inquiry by Commissioner Morris, Commissioner Dallari stated he wants the entire wall replaced.

District 1 voted AYE.

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

Motion by Commissioner Carey, seconded by Commissioner Morris to authorize the County Attorney to work with the homeowners at Willow Grove Subdivision to demolish and rebuild the subdivision wall, with the County contributing up to $75,000 for the cost of same, subject to the wall actually being built.

Under discussion, Commissioner Dallari pointed out that the County did go on private property to work which did something to the foundation. He also pointed out that the wall began falling prior to Hurricane Charley.

Commissioner Van Der Weide stated he feels the County is responsible for something; but he is worried about how the process will work. He added that he hopes the wall will get built prior to the County disbursing any money.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Dallari voted NAY.

COUNTY MANAGER’S BRIEFING

Director of Library & Leisure Services, Suzy Goldman, addressed the Board to remind the Board that staff was directed to pursue talks with FDOT regarding a transfer to the County of land adjacent to the County’s Upsala landfill site; and to report back on potential contamination at the site. She advised that in May, a Phase I/II environmental assessment was completed on the DOT property and no contamination was found. She said FDOT has indicated a willingness to transfer the property to the County at no cost. She further advised PBS&J was selected to prepare a preliminary assessment of the feasibility of converting the landfill and FDOT property into a park.

Commissioner Dallari recommended moving forward with acquiring the FDOT property.

Motion by Commissioner Carey, seconded by Commissioner Morris to authorize staff to work with FDOT to obtain the ownership of the five-acre parcel located adjacent to the County’s Upsala landfill property.

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

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Director of Library & Leisure Services, Suzy Goldman, stated in February, the BCC approved the conceptual site plan for the development of the Jetta Point property to include both multipurpose and softball fields. She said direction was given to explore a partnership with Central Florida United Soccer Club, Inc. (CFU) to operate the four multipurpose fields. She advised the soccer club was established in 1977 and annual participation averages 2,300 players. She requested Board direction as to whether or not to continue discussions with CFU.

Commissioner Carey expressed her concern with giving exclusive use to one organization.

Commissioner Dallari stated he has spoken with Mr. Bill Christy (President of CFU) and he has indicated to him that they would not have exclusive use of the fields.

Ms. Goldman advised this agreement would be similar with what the County has now with Seminole Baseball at Soldier’s Creek Park where they run the program and maintain the facility. She informed the Board that staff did not do an RFP. Discussion ensued.

Bill Christy addressed the Board to explain that they would run the program and maintain the fields. He said they would not have exclusive use; but would be responsible for scheduling other groups to use the fields. He also said they would like to put an office near the concession stand.

Commissioner Morris voiced his concern with the County paying $4.3 million on a park that will benefit only 2,300 people. He said this is not what he anticipated staff was going to bring back to the Board; and certainly not something he would have negotiated in terms of use.

Commissioner Carey stated she would like to have an opportunity to look at this a little more in depth.

Commissioner Dallari said the County should have a non-exclusive use agreement and figure out how all parties can use this facility.

Chairman Henley stated that the Board wants to see a proposed schedule of usage as part of the information staff brings back.

Motion by Commissioner Morris, seconded by Commissioner Carey to continue until July 25, 2006 consideration of proposal to operate the Jetta Point Multipurpose Fields.

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

Commissioner Carey commented the Board may need to do an RFP.

Ms. Coto agreed that an RFP should be done; and stated staff will bring back to the Board the cost of running the park should the County elect to do so.

Commissioner Van Der Weide left the meeting at this time.

Chairman Henley stated he will work with Ms. Coto to come up with some options.

Commissioner Van Der Weide re-entered the meeting at this time.

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Director of Library & Leisure Services, Suzy Goldman, gave a PowerPoint overview (copy of presentation was received & filed) of the proposal for a joint use library between SCC, UCF, Seminole County, and the School Board. She reviewed the following: State funding of $28 million for the facility; SCC facilities matching program; public library survey; and the aspects of the joint use library.

Upon inquiry by Commissioner Carey, Ms. Goldman advised she does not believe the college has done any space planning yet.

Commissioner Morris commented that the only way to do this would be to go to the voters and do a bond issue. He questioned if an alternative of keeping some of their libraries, building a couple new ones, and packaging with this would work. Discussion ensued.

Upon inquiry by Commissioner Morris, Ms. Goldman advised staff would need a couple of months if the Board wanted them to come back with some type of revenue proposal for just libraries.

Commissioner Carey stated the college’s master plan is what is best for SCC; and she is not sure the general public would want to fight through a campus to get to the library. She asked if the college would consider locating it on the fringe of their campus.

Ms. Goldman stated that this is a building that they have planned on their campus and this is where they were planning on having their library, which is at the center of the campus.

Commissioner Van Der Weide stated he thinks they would be remiss in putting a public library in the middle of a college campus where, everyone knows, there is no place to park.

Chairman Henley requested staff obtain the answer to Commissioner Carey’s question.

Upon inquiry by Commissioner Dallari, Ms. Goldman advised the college’s deadline to finalize this is the end of next January.

Upon inquiry by Commissioner Dallari, Mr. McMillan advised it seems like it would be a pretty tight schedule to get a bond referendum done to go to the voters by November.

The Chairman stated staff will do additional research and bring this back to the Board at a later date.

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The Chairman recessed the meeting at 12:16 p.m., reconvening at 1:32 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Chairman Henley advised the Board has two items left over from this morning’s agenda and they are ones that might elicit a considerable amount of discussion by the Board and staff. In view of the fact that one of the Commissioners (Commissioner Carey) will be leaving and she has three items, the Board will take up the two left-over items at the end of the agenda. He will proceed along the order suggested by Commissioner Carey this morning.

Commissioner Dallari requested the Board continue Item 49, Request to rezone 10+/- acres located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AA (Single-Family Dwelling), Jay Barfield. He said he has spoken with the applicant and he did not have an issue with that. Chairman Henley advised he had several members of the community as well to state they would rather have a full Board for the hearing.

Mr. McMillan also advised he would like the Board to consider the continuance of Item #54, Appeal BOA’s decision to deny a special exception to establish an alcoholic beverage establishment (package liquor store) located on the northwest corner of the intersection of Red Bug Lake Road and Oviedo Crossing Terrace, John Kelly, before the first public hearing.

PROOFS OF PUBLICATIONS

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to authorize the filing of the proofs of publications for today’s scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

REZONE FROM A-1 TO R-1AA/

JAY BARFIELD, Continued

Continuation of a public hearing from June 13, 2006, to consider request to rezone 10+/- acres located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AA (Single-Family Dwelling); as described in the proof of publication, Jay Barfield.

Commissioner Dallari stated he thinks this is of an issue that they should have the full Board in attendance. He did speak to the applicant and he would like to continue this item to the next regularly scheduled meeting.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to continue to July 25, 2006, the request to rezone 10+/- acres located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AA (Single-Family Dwelling); as described in the proof of publication, Jay Barfield.

Chairman Henley noted that he had several from the community also requesting a hearing before a full Board.

August Bugge, 100 Milinda Lane, addressed the Board to state those opposing the recommendation have no objections to the continuance.

No one else spoke in support or in opposition.

Speaker Request and Written Request Forms were received and filed.

Copies of letters and petitions of support were submitted to the Record.

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

Mr. McMillan noted the continuance will be to July 25, 2006, at 1:30 p.m., or as soon thereafter as possible.

APPEAL BOA/JOHN KELLY

Proof of publication, as shown on page _______, calling for a public hearing to consider the appeal of the Board of Adjustment’s decision to deny a special exception to establish an alcoholic beverage establishment (package liquor store) located on the northwest corner of the intersection of Red Bug Lake Road and Oviedo Crossing Terrace, John Kelly, received and filed.

Chairman Henley stated there is a request (copy of letter received and filed) from the applicant for a continuance of this item.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue the public hearing request to appeal the Board of Adjustment’s decision to deny a special exception to establish an alcoholic beverage establishment (package liquor store) located on the northwest corner of the intersection of Red Bug Lake Road and Oviedo Crossing Terrace; as described in the proof of publication, John Kelly.

Under discussion, John Bennett, on behalf of the Petitioners, addressed the Board to state they would appreciate it if the Board would grant the continuance.

Mr. McMillan advised that would be a continuance to July 25, 2006, and Commissioners Carey and Dallari agreed.

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

ORDINANCE TO REZONE FROM A-1 TO PUD/C&G REAL

ESTATE GROUP, LLC.

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance to rezone 78.41+/- acres from A-1 (Agriculture) to PUD (Planned Unit Development District), located on the southwest corner of the intersection of Markham Road and Longwood Markham Road, 1.5 miles south of W. SR 46, C&G Real Estate Group, LLC, received and filed.

Michael Rumer, Senior Planner, addressed the Board to present the request, stating the Preliminary Master Plan is more of a detailed plan, and the final master plan will incorporate a signed and sealed boundary survey indicating all wetlands that are verified by the St. Johns River Water Management District and Seminole County. It will also include the tree preservation plan. He said the applicant has to retain 50% of the trees on site. Staff is recommending approval of the request to rezone, subject to the Preliminary Master Plan and Development Order, and based on staff findings. He stated the Planning & Zoning Commission (P&Z) voted unanimously to recommend approval of the rezoning with the condition that no more than one dock is permitted on this site, subject to the St. Johns River Water Management District’s approval.

Mr. Rumer advised he received one e-mail (copy received and filed) today in support of the request.

Under discussion with Commissioner Carey, Mr. Rumer said the staff approval is for a maximum of 38 net buildable acres. He also advised that the applicant did agree to the limitation of one dock, as reflected in the Development Order.

Upon inquiry by Commissioner Dallari, Mr. Rumer said all the lots would have access to the dock.

Commissioner Carey stated she discussed yesterday with the applicant the possibility of having access from their project to get to the trail and they would help the County finalize that by doing improvements jointly with the County to finish the overlook area. She said she would like staff to explore that with the applicant during the final engineering process.

Chad Moorehead, Madden Engineer, representing the applicant, addressed the Board to state they agree with all the staff recommendations. He stated if they were not using the clustering option for retention and open space, they would have approximately four acres of retention and open space. Using the clustering option, they will have approximately ten acres of retention and open space.

Upon inquiry by Commissioner Carey about the fencing around the wet retention along the trail, Mr. Moorehead stated they would make it safe along the trail, whether with a wrought iron fence or an extended buffer.

Commissioner Carey noted she would not want to see a chain link fence.

Kelly Sevec, 305 Oakwood Court, addressed the Board to state putting a development and changing the zoning from Agricultural to PUD does not make any sense to her with the property being right along the Wekiva River. She said this is a protected river and they need as much resource from it that they can get. She showed pictures (received and filed) taken in the abutting River Crest Subdivision showing baby turkeys, deer, and a hawk. She said to think they will squeeze out more of this protected resource doesn’t make any sense. Further, she said this development would be on a very sharp corner and there have already been a lot of car accidents at that corner. She said as of today, the developer is already clearing some of the protected wetlands on the property. She said there is another area further east on Longwood/Markham that could be used for this development. Also, she said they don’t know what this is going to do for the property values. Now, there is an ambience of large lots, water conservation, and a lot of wildlife. She stated only eight people were notified a few days ago of this hearing.

Commissioner Carey pointed out to Ms. Sevec that the proposed plan has a conservation area of approximately 550 feet along the river that would be dedicated to Seminole County, so the County is protecting that; whereas, River Crest goes all the way down to the water. These homes will be hooked up to sanitary sewer, so there will be no septic tanks.

Commissioner Morris advised this applicant meets the ability for the County to protect more of the land in a contiguous fashion so they can actually have animals traversing the property. He said under the property rights, all they can do is try to make the development the best they can.

Carol Brewster, 2457 Rivertree Circle, addressed the Board to state her main concern is the sharp curve and how they are going to figure out how to get an entranceway. She said it’s a blind curve as it is. She asked how are they going to make it safe. She said it doesn’t seem possible.

Commissioner Carey advised the engineer is going to address the entranceway. She gave the example of Orange Boulevard and Banana Lake Road and said it was the same kind of curve.

Ms. Brewster questioned what would be allowed on the river--just canoes, jet skis, or motorized boats. She advised that none of the River Crest residents knew about the meeting, and she personally notified them.

Commissioner Carey had Mr. McMillan explain the notification process.

Ms. Brewster asked what is being done to protect the trees having fill dirt put around them.

Chairman Henley explained all those type things will be looked at by the engineering staff before allowing anything to be done on the property. Commissioner Carey added that there is a process to protect the trees.

Shahrzad Shamsaee, 2375 Crest Ridge Court, addressed the Board to state she just became aware of the meeting yesterday afternoon. She said she agrees with all the points that were brought up by the prior two people. She said they have a lot of wildlife and it is such a rare thing to have. This is the reason she and her husband moved to River Crest two years ago. She asked would this set a precedence for other areas in the Wekiva River Protection area to also proceed as such. Then the whole area would be developed. She asked where is the protection for the wildlife and trees. She said she is not sure how giving more access to the Wekiva River will affect their well water. The big concern with having a development in that area is how it is going to affect the well water, the traffic and wildlife, and it will set precedence for other communities to go ahead and do that in the protected area.

Chairman Henley explained that the protected area does not mean they are prohibited from building, but the conditions are spelled out that have to be met in order to do that. He said some of the same arguments were advanced when River Crest was going through the permitting process. He further explained that the property owners have rights under the law in order to be able to utilize their land. Otherwise, everyone else in Seminole County will have to pay for their land if they are prohibited from the use of it, because that constitutes a taking.

Commissioner Carey stated River Crest is on well and septic tank, and this development will be on County water and sewer and reclaimed water for irrigation; whereas River Crest is pumping out of the Aquifer. She said this development is a better scenario. Also, she advised that the idea of clustering started with Alaqua Lakes and those are some of the highest valued homes in the area. She later explained that the recommendation of one dock was to limit access to the river.

Connie Hogshead, 2436 Rivertree Circle, addressed the Board to state she believes they need to have another hearing since they did not have enough time to have a court reporter present.

She referred to Florida Statutes 2660105. She said they are not prepared, therefore, she would like to request a re-hearing.

Chairman Henley explained what the County did to give public notice of the hearing and that at the appropriate time and steps, the permitting will be handled.

Upon request of Commissioner Carey, Mr. McMillan advised Ms. Hogshead of the legal issue of having a court reporter.

Commissioner Morris further advised that anyone can obtain a DVD recording of the meeting.

Mr. Rumer stated the River Crest Board was aware in April of this public hearing.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

District Commissioner Carey advised she received correspondence from Robert Gonzalez and Jeff Gillett (copies submitted with the staff report). She also asked County Engineer Jerry McCollum to review the intersection and bring back a possible recommendation on the entrance.

Mr. McCollum stated he would recommend, but it is up to the final site engineering, making the entrance a conventional “T” intersection and have a three-way stop. That will slow people down, and they may have some traffic calming devices coming up to the intersection. Also, he has looked to limiting the number of trucks coming through. He said these are things he looked at on a preliminary basis, but something needs to be done.

Commissioner Carey said some other things she discussed with Mr. McCollum yesterday was to have Lake Markham Road, as well as Longwood Markham Road, posted for local truck deliveries only and to try to take the cut-through traffic from SR46 and force it onto International Parkway.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the request and adopt Ordinance #2006-42, as shown on page _______, rezoning 78.41+/- acres from A-1 (Agriculture) to PUD (Planned Unit Development District), located on the southwest corner of the intersection of Markham Road and Longwood Markham Road, 1.5 miles south of W. SR 46; as described in the proof of publication, C&G Real Estate Group, LLC, subject to the Preliminary Master Plan and approved Development Order, as shown on page _______, which would allow for a maximum of 38 units, maybe less depending on the final engineering and staff findings.

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

REZONE FROM A-1 TO R-1A/DAVID COGGIN

Proof of publication, as shown on page _______, calling for a public hearing to consider an ordinance rezoning 10+/- acres from A-1 (Agriculture) to R-1A (Single-Family Dwelling) for property located on the east side of Orange Boulevard, 1500 feet north of W. SR 46, David Coggin, received and filed.

Mr. Rumer presented the request, stating the analysis supports a rezoning of R-1AA. Staff has reviewed the rezoning request, reviewed the trend of development and agrees with the result of the lot compatibility analysis. Therefore, staff does not support the request to rezone to R-1A. The P&Z Board voted unanimously to recommend approval, based on two voluntary commitments that lots adjacent to Orange Boulevard would meet a lot size of 11,700 square feet and that a six-foot high wall be erected on the southern property line.

Jessica Lucision, Burkett Engineering, on behalf of Sandhill Homes, addressed the Board to state the P&Z on May 3 recommended approval mainly because they worked with staff and voluntarily committed to provide the lots along Orange Boulevard as R-1AA size. These were the critical lots. As a result of the adjacent homeowner’s request, they also voluntarily committed to the wall.

James Gause, 5491 Orange Boulevard, addressed the Board to state he would like for the six-foot wall to be measured on the builder’s side. Also, he requested the wall be built before construction is begun to save them from the dust and noise.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner Carey stated she could not support the R-1A zoning being requested by the applicant. However, she said she could support the R-1AA with the agreement for the wall to be built on the south. She would not recommend the wall being built before construction, but she is sure site screening would be put up as part of the process.

Motion by Commissioner Carey, seconded by Commissioner Morris, to approve enacting Ordinance #2006-43, as shown on page _______, rezoning from A-1 (Agriculture) to R-1AA 10+/- acres located on the east side of Orange Boulevard, 1500 feet north of W. SR 46; as described in the proof of publication, David Coggin, based on staff findings and with the conditions stated above.

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

MAJOR AMENDMENT TO MONROE COMMERCE CENTER,

PHASE III, PCD/HOWARD SCHIEFERDECKER

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance to approve the requested Major Amendment to the Monroe Commerce Center, Phase III, Planned Commercial Development (PCD), a 6.3+/- acre site located on the east side of Elder Road and south of School Street, Howard Schieferdecker, received and filed.

Jeff Hopper, Senior Planner, addressed the Board to present the request, stating the amendment is to approve a total floor area of 73,650 square feet, an increase of 14,250 square feet over the original plan. He said staff recommends approval, subject to the conditions as listed in the staff report and Development Order.

Howard Schieferdecker, applicant, addressed the Board to state he agrees with all the staff recommendations.

No one else spoke in support or in opposition.

Under discussion, District Commissioner Carey asked about any Code requirement for mesh screening for the chain link fence. Mr. Hopper stated the Code is not that specific about the fence, but there is no reason that it could not be included in Development Order.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve enacting Ordinance #2006-44, as shown on page _______, approving the requested Major Amendment to the Monroe Commerce Center, Phase III, Planned Commercial Development (PCD), a 6.3+/- acre site located on the east side of Elder Road and south of School Street (School Road), subject to the Preliminary Master Plan and Development Order, as shown on page _______,; as described in the proof of publication Howard Schieferdecker, based on staff findings and the condition related to Item (e) of the Development Order that any chain link fencing would have some type of mesh screening to screen from outdoor storage.

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

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Commissioner Carey wished all the Commissioners and citizens a Happy 4^th of July. She announced that the city of Altamonte Springs has activities planned for July 3; Geneva has a parade planned for July 4 and the city of Sanford has planned the July 4^th celebration at Ft. Mellon Park.

Commissioner Carey left the meeting at this time.

REZONE FROM A-1 AND R-3A TO R-3A/TONY

CIPPARONE/LEGACY INVESTMENTS, LLC.

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance rezoning 7.03+/- acres located on the west side of Howell Branch Road, 0.18+/- miles north of Aloma Avenue, from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to R-3A (Multiple Family Dwelling); Tony Cipparone/Legacy Investments, LLC., received and filed.

Tina Williamson, Principal Coordinator, addressed the Board to present the request, stating the staff recommends approval to R-3A based on the staff findings. The Planning & Zoning Commission voted unanimously to recommend approval subject to the Development Plan and Development Order, and based on the staff findings.

Bob Horian, Suncor Properties, 541 Palmetto Avenue, representing Branch Investments, addressed the Board to state he agrees with the staff report with one exception. He explained they are to put a brick, masonry wall between the retention pond and the project. He said the pond was one of their amenities to be a lake. He said he would like to revert back to the original request and have a safety chain link fence. He would like to use the pond in their marketing and advertising as a view.

Upon inquiry by District Commissioner Dallari, Mr. Horian said the 2,250 square feet does include the garage. He stated the largest home is 1,670 square feet. The largest living area, air conditioned, is 2,000 square feet. He also stated the wall on Howell Branch Road will be a brick wall. He would like to eliminate the other wall or revert back to a masonry wall.

Commissioner Dallari said he did not have a problem with granting that request, if there are no objections from the Board.

Commissioner Morris discussed that a fence might not be required for the retention pond. He said if Mr. Horian would like to amenitize the pond, they could put in a fountain and the County would be happy to turn over the maintenance (in terms of mowing) of the pond to him. The County would be responsible for the proper functioning of the pond.

Mr. Horian stated he could not acknowledge mowing of the five acre pond, but he would be happy that it gets included in the landscaping plan.

Mr. Horian stated again for the Record that the square footage of the homes is 1,250 to 2,000 square feet for four models.

Pam Berry, 7796 Country Place, addressed the Board to show pictures (received and filed) of a baby fox (which she said would be destroyed) and a panoramic view of the woods. She stated this area is too pretty. There is running water on the property and all sorts of animals. She also said the traffic along Aloma has increased incredibly with the building of Asbury Park and Madison Place on Tuskawilla. She said one of the reasons she bought her condo was because of the woods.

No one else spoke in support or in opposition.

Speaker Request Form for Ms. Berry was received and filed.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve enacting Ordinance #2006-45, as shown on page _______, rezoning 7.03+/- acres, located on the west side of Howell Branch Road, 0.18+/- miles north of Aloma Avenue, from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to R-3A (Multiple Family Dwelling); as described in the proof of publication, Tony Cipparone/Legacy Investments, LLC., subject to the Development Plan and approved Development Order, as shown on page _______, based on staff findings and that the living square footage of the townhomes will be from 1,250 square feet to 2,000 square feet; the wall along Howell Branch Road will be a brick wall; and removal of the wall requirement along the retention pond.

Under discussion, Commissioner Morris said the retention pond can be addressed at a later time.

Districts 1, 2, 3 and 4 voted AYE.

REZONE FROM RD TO RP/CHRISTOPHER PEARSON

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance to rezone 0.26+/- acres located on the west side of East Lake Brantley Drive north of SR 434, from RP (Residential Professional) to RP (Residential Professional), Christopher Pearson, received and filed.

Benjamin Dunn, Senior Planner, addressed the Board to present the request, stating staff recommends approval to rezone to RP, Residential Professional, subject to the site plan and Development Order. He said the Planning & Zoning Board did vote unanimously to approve the rezoning.

Upon inquiry by Commissioner Van Der Weide, Mr. Dunn stated there would be adequate parking provided.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to enact Ordinance #2006-46, as shown on page _______, rezoning 0.26 +/- acres located on the west side of East Lake Brantley Drive, north of SR 434, from RP (Residential Professional) to RP (Residential Professional); as described in the proof of publication, Christopher Pearson, subject to the site plan and Development Order, as shown on page _______, based on staff findings.

Districts 1, 2, 3 and 4 voted AYE.

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Chairman Henley recessed the meeting at 2:47 p.m. and reconvened it at 2:58 p.m. Deputy County Attorney Ann Colby replaced County Attorney Robert McMillan.

COUNTY MANAGER’S BRIEFING, Continued

Ms. Goldman requested Board direction on a partnership offer for the operation of Soldiers Creek Park. She stated staff would like complete discussions with Seminole Community College or other entities that might be interested in using the fields in addition to NAMCO (National Association Management Company) and return to the Board for a recommendation for the best operational model for managing the park.

Commissioner Dallari stated he would like to see about shortening the schedule of construction. Ms. Goldman said the discussion staff is having with the city of Winter Springs for shortening the time period for approval will snowball and affect this project.

Commissioner Morris discussed the development and operating options by NAMCO. He stated he doesn’t think it is wise for the County to not have the personal responsibility for the baseball fields and other site improvements.

Chairman Henley said he personally did not give any thought to that either. He said he would not turn that over to any group.

Commissioner Morris also said if NAMCO does the landscaping and grounds maintenance, because the County would build the asset, there should be some kind of performance clause that if NAMCO is not maintaining the landscaping, the contract would become void.

Commissioner Van Der Weide said this is a tremendous investment and the County should protect it with some sort of performance clause.

Chairman Henley said he spent time yesterday with Ms. Goldman and Mr. Gasparini talking about the proposals and what should or should not happen. He said he is not in favor of throwing this out and starting all over. He thinks they all feel the schedule is unrealistic and can be improved upon. He suggested to staff the potential for the Board to instruct staff to negotiate terms and conditions of a contract with NAMCO, the only proposal received. Once the Board has had an opportunity to review the terms and conditions, if the schedule has not been resolved, they could enter into a letter of intent to contract. They will not officially initiate the contract until they get ready to open the park. The letter of intent would bind the County. The advantage would be that work could begin to build the league. It would allow NAMCO to begin negotiating for tournament dates and, at the same time, give them the opportunity to go out and negotiate insurance; to send out bids for league uniforms, equipment and things of that nature; to negotiate for concession stands; and obtain volunteers. He stated this is not something that can be done in two or three months. He said this would not be an exclusive contract, but the same as done with softball. He also feels that with the investment the County has at Soldiers Creek Park and Jetta Park, the County should assume the responsibility of keeping the fields up. The revenue gained can go towards helping to defray some of the costs.

Commissioner Van Der Weide said he is wondering if they have the expertise needed on staff to handle some of the sporting issues.

Chairman Henley said he doesn’t know if this is the appropriate time for the Board to give some consideration as to where they want to go in the future as it pertains to sports. He thinks they do all realize that is a very viable area from the standpoint of value to the children who participate to the families, as well as the potential of generating revenue if they get heavily into the tournament phase. If they go completely sports-minded, it may be well to consider a position of Coordinator of Sports or Activities and separate it from the parks.

Commissioner Van Der Weide stated he thinks to get the product the Board and community wants and is expecting, they may have to go that way.

Motion by Commissioner Morris, seconded by Commissioner Dallari, to authorize staff to negotiate with the National Association Management Company for the operation of Soldiers Creek Park under the provisions of the points made by Chairman Henley with respect to the structure of the negotiations and the intent of same.

Under discussion, Chairman Henley affirmed that this would be a non-exclusive contract. Staff will negotiate terms and conditions and it would be from the standpoint of a per game usage approach similar to what the County has with softball. This would be a priority use agreement.

Chairman Henley added he is not in favor of putting a hard line on this first go-around of saying they have to have “x” number of teams by a certain date. He thinks they need to make NAMCO conscious of the fact that the County wants to review where they are (that is, how successful they have been in doing the things that need to be done to make the league successful) before they go into a final contract agreement.

Upon inquiry by Commissioner Van Der Weide, Chairman Henley said he thinks the Board will know more about the time line after DCM Don Fisher meets with the city of Winter Springs. He has stressed the need for cooperation with the City Manager and a couple of the City Commissioners, so he thinks they will be able to negotiate that. Mr. Fisher can report back individually to the Board as soon as he gets that taken care of.

Districts 1, 2, 3 and 4 voted AYE.

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Ms. Goldman requested Board direction on the Cultural Facilities Grant proposal for the proposed Museum of Seminole History - Education Multi-purpose Building and adoption of related Resolution if the Board decides to make the grant application to the State. She introduced Rick Mellon from ZHA to discuss the possible phasing of the construction project.

Rick Mellon, ZHA, addressed the Board to review the project budget for the History Center expansion (copy received and filed) showing Design, Construction, Miscellaneous, Contingency at 5% for a total of $2,005,290. He also explained the County and grant funding amounts. He said if the grant is received this year, the money would not be available until next July, and the bulk of it could not be encumbered until next July. Between now and that time, it is estimated the County might spend as much as $150,000 to get all the design and preliminary work done. He further reviewed the phased project budget (copy received and filed) which would take the finishes and systems that would be included in the second floor and do those separately. He advised that the single phase approach is the one that makes more sense.

Ms. Goldman said the County’s grant consultant also concurred with Mr. Mellon’s conclusion.

Discussion ensued by Chairman Henley on the success of the grant application and deadline date.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute a Resolution #2006-R-161, as shown on page _______, supporting participation in the Cultural Facilities Grant Program and establishing a commitment to provide for matching funds of $1.5 million for the proposed Museum of Seminole History - Education Multi-purpose Building.

Under discussion, Chairman Henley reminded the Board that this is almost $5 million they are already committing out of next year’s budget. He cautioned them on taking on too many projects between now and budget review.

Ms. Coto advised that during the workshops, they will be discussing a number of issues trying to get some indication as to where they are on the priority list. She said there are many items not presently in the budget. They are at this time only looking at about $150,000 in next year’s budget until after July, 2007. They have that amount in the Contingency Fund and, depending upon the outcome of the grant, staff would bring that back to the Board to make a determination as to where the funds may come from. Staff may establish a reserve account for future capital outlay and place the monies in there, pending the grant outcome.

Districts 1, 2, 3 and 4 voted AYE.

LEGISLATIVE UPDATE

DCM Sally Grant addressed the Board to state she just received word from Bobby Brantley, County lobbyist, that the Governor did veto the $2 car rental surcharge tax bill. This would have enabled a local referendum for the voters to decide on the additional $2.

Chairman Henley said he thinks the veto was a disservice to the citizens of Central Florida who is bearing the burden of the traffic issue from tourists. He explained this tax would have generated close to $40 million for the Central Florida region and that could have been matched to help solve some of the present problems and those that would be generated by the projected growth. Discussion ensued on other projects that could have benefitted from these potential funds.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 6/12/06 to BCC (with attachment) from City of Longwood re: Lake Evergreen Professional Building project. (cc: Co. Manager, Deputy Co. Managers, Support Services, Development Review)

2. Letter dated 6/12/06 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Notice for public hearing on June 26, 2006 for six (6) annexation requests. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

3. Memorandum dated 6/14/06 to BCC, Constitutional Officers, Department Directors, and Division Managers from Cynthia Coto, Co. Manager, re: Acting Information Technology Director.

4. Copy of memorandum dated 6/14/06 to Maryanne Morse, Clerk of the Circuit Court, from Cynthia Coto, Co. Manager, re: Request to audit the Casselberry CRA.

5. Copy of letter dated 6/14/06 to John Pavlis, Interim City Manager-City of Casselberry, from Cynthia Coto, Co. Manager, re: Casselberry CRA Issues.

6. Copy of letter dated 6/16/06 to Cindy Coto, Co. Manager, from John Pavlis, Interim City Manager-City of Casselberry, re: Submission of resignation and CRA issues.

7. Memorandum dated 6/14/06 to Chairman (with attachment) from Kevin Fall, US 17-92 CRA Coordinator, re: US 17-92 Community Redevelopment Agency 2005 Annual Financial Report. (cc: BCC, Co. Manager, Deputy Co. Managers)

8. Copy of memorandum dated 6/16/06 to Members of the Joint City/Co. Advisory Board Committee (with attachment), from Don Fisher, Deputy Co. Manager, re: Fire/Rescue/ EMS study.

9. Copy of letter dated 6/16/06 to Gerald Seeber, City Manager-City of Oviedo, (with attachment) from Cynthia Coto, Co. Manager, re: Winter Miles/Shane Kelly Park.

10. Copy of memorandum dated 5/26/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

11. 2005 Annual Report from the Central Florida YMCA.

12. Letter dated 6/1/06 to BCC (with attachments) from John Saboor, Executive Director, and Keith Station, Seminole Co. Sports Marketing Manager-Central Fla. Sports Commission, re: April 2006 activities.

13. Notice and agenda for the 6/21/06 Seminole Co. Port Authority Meeting.

14. Contracts, as shown on page _______, for services between Seminole Co. Government and the following: Lisa Pierce (Softball umpire) and David Schnelle (Softball umpire).

15. Copy of letter dated 6/6/06 to Lisa Rankin from Ken Roberts, Director-Public Safety, re: Appreciation for recent donation.

16. Copy of letter dated 6/19/06 to Mayor Tom Walters, City of Oviedo (with attachments), from Mayor John Bush, City of Winter Springs, re: Resolutions improving the quality of life for both cities. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

17. Memorandum dated 6/23/06 to BCC (with attachment) from Benjamin Dunn, Senior Planner, re: Supplement to Agenda Item #49 – Brooks Lane Rezone.

18. Copy of letter dated 6/20/06 to April Boswell, Assistant Planning Manager (with attachment), from William Holmes re: 2006 Rural Character Plan. (cc: Co. Manager, Deputy Co. Managers)

19. Letter dated 6/16/06 to Mark Flomerfelt, Roads/Stormwater Division (with attachment), from Larry Dale re: Objection to the preliminary Flood Insurance Rate Map on property at 3400 Celery Avenue. (cc: BCC, Co. Manager, Deputy Co. Managers)

20. Memorandum dated 6/22/06 to Distribution list (with attachments) from Doris-anne Freeman, City Clerk Department-Altamonte Springs, re: Adopted Comprehensive Plan Amendment and Rezoning Ordinances. (cc: BCC, Co. Manager, Deputy Co. Managers)

21 Memorandum dated 6/22/06 to BCC (with attachments) from Cynthia Coto, Co. Manager, re: Traffic Engineering Division countdown pedestrian sign heads.

22. Copy of identical letters dated 6/22/06 to City Managers of all Seminole County Cities (with attachments) from Don Fisher, Deputy Co. Manager, re: County-wide comprehensive assessment for the Fire/Rescue/EMS system.

23. Memorandum dated 6/22/06 to BCC (with attachments) from Jennifer Bero, Grants Coordinator, re: Notification of Grant Award/Denials.

24. Letter dated 6/15/06 to Chairman (with attachment) from Mayor Linda Kuhn-City of Sanford, re: Reports on the City of Sanford’s Lake Monroe and Downtown CRAs. (cc: BCC, Co. Manager, Deputy Co. Managers, CRA Coordinator)

25. Memorandum dated 6/21/06 to Chairman (with attachment) from Cynthia Coto, Co. Manager, re: Joint use library proposed interlocal agreement.

26. Copy of letter dated 6/11/06 to Benjamin Dunn, Senior Planner, from Mary Cina re: No threats received from Walid Akawi.

27. Letter dated 6/19/06 to Chairman (with attachment) from Susan Becker, Executive Director-Intervention Services, re: Village Apartment for youth aging out of foster care. (cc: BCC, Co. Manager, Deputy Co. Managers, Community Services Director)

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Morris discussed the customer service lines and said the staff knows where customer complaints are going, but the Commissioners don’t know. He said there is no reporting and, consequently, information is being fed directly to the public from the various departments and the Commissioners do not know the volume of the complaints or service requests. By the time the complaint gets back to the District Commissioner, it’s been bouncing around the system and they have a very upset person. Many times, the answer given is that the Commissioners did not fund something or didn’t do something. He said it seems to him that there should be a management report for each one of the customer service lines, and that report should be shared with the District Commissioners.

Mr. Fisher advised he has spoken to the County Manager about doing some comprehensive tracking where everyone shares the same system and has access. This is being worked on now. Another component is with some recent changes in technology, i.e. the 3-1-1 system with a central line. He is talking of tracking calls that way and making that more of a customer friendly focus. He stated he had planned on speaking with Ms. Coto about that in the next couple of days. Discussion ensued.

Commissioner Van Der Weide shared that in his case, it is more specific to certain departments that the public feel they are not getting a response or when they do, it takes forever.

Commissioner Morris said it seems to him that there should be a reporting system and a time line for when a complaint came in and when it was responded to.

Ms. Coto suggested, based on the information Mr. Fisher gave the Board, that staff put together some information for the Board with respect to what they will report and a time line and present that to determine whether or not it is sufficient.

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Commissioner Van Der Weide stated he would like to have the County Manager meet with the Chairman to schedule a joint meeting with the Port Authority and discuss the $1 million the Port Authority plans to give the County.

Commissioner Van Der Weide said he has confirmation that the Sabal Point Golf Course and the Winter Springs Golf Course have been sold.

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Commissioner Henley stated he spoke briefly with Mr. McCollum yesterday regarding a campus in the Fern Park area with concern about getting countdown timers for people crossing out of their organization. Mr. McCollum said he thought staff could handle that. The group also want the colored stamping at the crossing, and Commissioner Henley advised he would share that with the Board and the County Manager to see what could be done.

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Commissioner Henley reported that at the last two meetings of Lynx, there were Seminole County citizens who wanted to know why Lynx did not have a line that carried people to the hospital and to other critical points. He said that is a real concern and they probably should have service to some of those special areas. It was pointed out to them that it would have to be reviewed and studied. He stated that will also be a decision of the BCC. He said he doesn’t know how long it has been since the County did a study of the transportation patterns and what the needs are, based on what has happened in development, and whether they need to give consideration to additional lines or readjusting or changing the ones they now have to serve a larger portion. He advised also there is going to be a request from Lynx for a significant increase. He said Orange County has already bought off on the total package there for funding Lynx, which is a tremendous turnaround for them since they have not been going by the formula that the rest of them had. He said he is asking for a presentation to the Board on the operational analysis done by Lynx. He said they are not getting the choice riders on the busses, but those who have no other transportation at all.

Ms. Coto reported that in the proposed budget, they have included funding for ADA, which some of the cities have previously been paying for.

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Commissioner Dallari reported the Girl Scouts of Central Florida Citrus Council had a luncheon last Tuesday and recognized Seminole County’s Fire Chief Leanna Raw.

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Commissioner Dallari stated he attended the Oviedo City Council meeting last week and they made note about some funding for a trail from Shane Kelly Park to the State forest. That is for an equestrian trail. He said he would like to have in the agreement for the budget line item a time line of when the equestrian facility will be completed and what that will consist of. He said there is no sense in the County putting in an equestrian trail if there is no equestrian facility.

Mr. McCollum said staff can request that or address it separately from the agreement.

Commissioner Dallari said he would not be supporting that unless there is a time line and commitment from the City.

Ms. Coto said this is on her list for discussion with the Oviedo City Manager.

Upon inquiry by Commissioner Morris, Mr. McCollum said there is $335,000 total allocated a couple years ago to Shane Kelly Park for design and construction of dirt areas for the horse trailers to go in and to make a tie-in from Shane Kelly over to the Flagler Trail. There is no money for construction of buildings, but only for site and the parking area. He said it is a stabilized dirt area for the equestrian trailers to go in.

Commissioner Morris said he thinks there is a misunderstanding about what the money is for that has been allocated by the County. He thinks staff needs to clarify that. In his discussion with some Oviedo representatives, they think the money is for the park in general.

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Commissioner Morris asked Mr. McCollum if a countdown light on Rinehart Road could be put in where the two trails connect over the bridge. Mr. McCollum said the intent is to have them all on Lake Mary Boulevard in that area.

Ms. Coto said she forwarded to the Board a memo from Mr. Johnson, Public Works Director, that they were diverting the countdown timers purchased by the State for Lake Mary Boulevard to the high schools in order to get them in place prior to school starting based upon Board direction. Then staff was going to have to get additional dollars allocated to replace those going in Lake Mary.

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Chairman Henley asked how many Commissioners received a copy of the invitation the city of Longwood mailed to three County communities to a meeting to learn how to upgrade their standard of living by annexing into Longwood. He said he asked Mr. Fisher to make sure someone from the County attended that and respond with the other side of the story.

Tony Walter advised a staff person did attend the meeting last night and a second meeting is planned for Thursday night at the same location, 7:00 p.m. He said the area the City is looking at is primarily the Woodlands and surrounding subareas. It would affect about 500 people. The City was anticipating an income of about $239,000. The main issues discussed were response times and service on fire and police. They also talked a little about solid waste containers. The City said they would reduce the response times and staff will be checking that to see where the City got their numbers.

Chairman Henley stated he received a phone call today from a citizen who attended the meeting and reported that there is no existing first response anymore with Longwood and there won’t be. The comment was the City will not sign an agreement because the County is trying to cram it down their throat.

Mr. Walter said he understands there was a discussion like that, but he believes the response was that there is a first response agreement now but that doesn’t necessarily mean the City would continue to participate in that agreement in the future.

Upon inquiry by Commissioner Dallari, Ms. Coto advised there is a gentleman’s agreement with all the cities for first response and staff is negotiating those agreements. She said the intent is to continue those agreements.

Mr. Walter said the second meeting is to allow additional people to attend, as the first notice went out on a short time frame. He said it appeared that the majority present at the first meeting were not in favor of moving toward the City. He advised Chairman Henley that about 620 notices from the County were sent out giving the other side of the story.

COUNTY MANAGER’S REPORT

Ms. Coto stated the Board allocated $15,000 for the Charter Review Committee and at this time, they have over expended their budget. Their attorney bills through April total $19,445.50 plus the advertising is costing about $400 per public hearing. She requested an additional $15,000. She said she doesn’t know how much more it will take.

Chairman Henley asked if Ms. Coto had any idea how much the previous attorneys were paid. She said she could get that information to him.

Commissioner Morris asked if the Committee had been informed of the over expenditures. Ms. Coto advised the Chairman has been, but she doesn’t believe it has been discussed at any of the public hearings. Whereupon, Commissioner Morris asked wouldn’t it be wise to inform the Committee that they are over budget and their attorney, who is really an advocate versus an advisor, is exceeding her estimated budget. He said the Board can’t pay her if it is not what has been authorized.

Chairman Henley said he thinks under the Charter they are required to provide whatever the Committee requests. He suggested the CRC Chairman needs to discuss this with the Committee and forward a request to the BCC of what they think they will need.

Ms. Coto said staff will hold the bills now pending.

Commissioner Dallari asked if this could be done by a vote of the Committee instead of just one person.

Commissioner Morris said he thinks the scope of work is far greater than the attorney thought she was committing to and the Committee seems to be looking at a lot of legal ramifications of Constitutional issues versus charter, so he’s sure the attorney is earning every penny.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:06 p.m., this same date.

ATTEST: _____________________Clerk ___________________Chairman

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