Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-166, as shown on page _______, recognizing Vernon J. Dillon, Senior Herbicide Applicator, for 33 years of service to Seminole County and its citizens upon his retirement on July 31, 2008.

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

The Resolution was presented to Mr. Dillon.

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Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-168, as shown on page _______, recognizing Alvin C. Lee, Jr., Equipment Operator II, for 37 years of service to Seminole County and its citizens upon his retirement on July 31, 2008.

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

The Resolution was presented to Mr. Lee, who addressed the Board to express his appreciation.

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The Chairman recessed the meeting at 9:42 a.m., in order to convene the meeting of the U.S. Highway 17-92 Community Redevelopment Agency; and reconvened the BCC meeting at 9:50 a.m., this same date.

COUNTY MANAGER’S CONSENT AGENDA

County Manager, Cindy Coto, presented the Consent Agenda, advising Item #5, CC-3220-08/DMR, Fire Training Tower, is being pulled from the agenda and will be brought back to the Board on August 12. She also advised of an add-on, Item #23A, Amendment to the Conditional Utility Agreements for Potable and Reclaimed Water & Sewer Service for Acuera. She stated that staff has provided additional information with regard to Item #37, 2008 Assessment Rate Resolution for the MSBU’s.

Chairman Carey discussed Item #16, Local Affordable Housing Assistance Plan (LHAP), and questioned if the Board is comfortable with changing the maximum amount of assistance from $130,000 to $80,000.

Shirley Davis-Boyce, Community Assistance, addressed the Board to give a history of the program, advising over the past year they have served over 80 customers and the average award was $80,000. She added that staff wants to make sure they are not over-subsidizing.

Commissioner Henley stated this would allow the servicing of more people.

Chairman Carey also expressed her concern that the investment money from the applicants cannot come from gift funds. The Board agreed that the language on page 10 should be revised to allow for gift money being used by the applicants.

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

Administrative Services

Purchasing and Contracts

5. Continued until August 12 request to waive the procurement process for non-GSA services, and Award CC-3220-08/DMR - Seminole County Fire Training Tower in the amount of $998,823.00 to WHP Trainingtowers of Overland Park, Kansas, for all labor, material, equipment, transportation, coordination and incidentals necessary to supply, delivery and erection of a (5) five story tower for the Seminole County Fire Training Facility located at 201 Valentine Way, Longwood, Florida.

6. Award RFP-600326-08/TLR – Term Contract, as shown on page _______, for Pest Control Services to Terminix Commercial, Melbourne, Florida.

7. Award CC-3445-08/VFT Contract, as shown on page _______, in the amount of $2,927,000.00 to Wharton-Smith, Inc., of Sanford, Florida for all labor, materials, equipment, tools, transportation, services and incidentals required for providing the Markham reclaimed water storage/repump station. The project is located at the Southeast corner of 1^st Street and Orange Boulevard, Sanford, Florida.

8. Award CC-3519-08/JVP Contract, as shown on page _______, Midway Regional Stormwater Facility and FDOT Embankment in the amount of $2,875,264.86 to Johnson Brothers, LLC of Orlando, Florida, to provide for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct the Midway Regional Stormwater Facility and FDOT Embankment for SR 415 from Seminole County Line to Reed Ellis Road.

9. Approve Amendment #2, as shown on page _______, for RFP-4114-01/JVP – Term Contract for Recycling Processing Services, Recycle America Alliance, LLC, Milwaukee, Wisconsin.

10. Approve ranking list and authorize staff to negotiate rates for PS-3166-08/DRS Engineering Study and Design Services for SR 426 at Aloma Woods Stormwater Project and other projects within Howell Creek Basin, with Inwood Consulting Engineers, Oviedo, Florida (Estimated Usage Amount of $450,000.00 a year).

11. Approve Amendment #1, as shown on page _______, to PS-5139-03 with Inwood Consulting Engineers, Oviedo, Florida, to increase the Not-To-Exceed amount for the term of the Agreement by $50,000.00. The revised Not-To-Exceed amount for the term of the Agreement will be $350,000.00.

12. Approve Sole Source Procurement for the Purchase of Annual Maintenance of the Geographic Information Services (GIS), with Environmental Systems Research Institute, Inc. (ESRI), Redlands, California.

13. Waive the procurement process and approve Amendment #1, as shown on page _______, to M-3540-08/DRR with Structural Preservation Systems, LLC, Huntington Beach, California, to increase the Fixed Fee amount of the Agreement by $20,328.00. The revised total Fixed Fee amount of the Agreement will be $62,328.00.

Support Services

14. Approve and authorize the Chairman to execute First Renewal, as shown on page _______, of Lease Agreement for State of Florida Department of Law Enforcement Secondary Computer Data Storage Site.

Administration - Community Services

15. Approve the eight 2008/2009 Edward Byrne Memorial Justice Assistance Grant applications and authorize the Chairman to execute all required documents, as shown on page _______, for the following: Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs and Sheriff’s Office.

Community Assistance

16. Approve an amendment and revisions, as shown on page _______, to the Local Affordable Housing Assistance Plan (LHAP), as amended on page 15, for years 2007/2008, 2008/2009, and 2009/2010, and authorize staff to submit the amended and revised LHAP to the Florida Housing Finance Corporation (FHFC).

17. Approve and authorize the Community Assistance Division to submit the 2008/2009 One-Year Action Plan to the U.S. Department of Housing & Urban Development (HUD), and authorize the Chairman to execute all related forms and certifications, including the Grant Agreements with HUD, the Environmental Review Record, including the Finding of No Significant Impact and Request for Release of Funds (FONSI/RROF), and to execute all subsequent CDBG, HOME, and ESG Subrecipient Agreements.

18. Approve and authorize the Chairman to execute the Assumption of Mortgage Agreement, as shown on page _______, with Penelope Myers for the SHIP Affordable Housing mortgage originally made by Joan King encumbering the real property located at 2839 Gale Place, Sanford, Florida 32771.

19. Approve and authorize the Chairman to execute the Satisfactions of Second Mortgage, as shown on page _______ for the following households assisted under the SHIP Home Ownership Assistance Program or the Emergency Repair Housing Program: Geneva L. Mitchell, Murlene Penn, Johnny Butts & Andrea S. Butts, Joyce Campbell, Inez W. Collins, Mary A. Corbett, Wanda K. Daugherty, John T. Davis & Linda Fortson Davis, Ivonne De Los Santos, Amy M. Doddridge, Rosemarie Hall, Donnetta R. Hill, Doreen Kirk, Petra Merkel, Thelma Patterson, John C. Strickland, Sheila A. Thomas, and Glen E.
Tilson & Jana Knudson.

Environmental Services

Business Office

20. Approve the Release of the original Water and Sewer Maintenance Bond in the amount of $30,536.00 for the project known as Shoppes at Hunt Club/Am South.

21. Approve the Release of the original Water and Sewer Maintenance Bond in the amount of $17,470.80 for the project known as Lake Mary Professional Campus.

22. Approve the Release of the original Cash Maintenance Bond and Escrow Agreement in the amount of $4,568.94 for the project known as Tuscany Island.

Planning Engineering Inspections

23. Approve and authorize the Chairman to execute The Second Amendment, as shown on page ______, to the Memorandum of Understanding between the St. Johns River Water Management District and Seminole County for Aquifer Storage Recovery Construction and Testing.

23A. Approve & authorize the Chairman to execute the Amendment, as shown on page _______, to the Conditional Utility Agreements for Potable and Reclaimed Water & Sewer Service with Exhibit G’s for both Agreements for oversizing/extension of the off-site potable and reclaimed water & sewer facilities for the subdivision Acuera.

Fiscal Services

Administration – Fiscal Services

24. Approve and authorize the Chairman to execute the Agreement, as shown on page _______, between the Florida Division of Emergency Management and Seminole County in acceptance of $42,321.50 in grant funds for their Homeland Security Grant program.

25. Approval for the County to remain an applicant requesting $168,750.00 from the U.S. Department of Homeland Security through their Emergency Operations Center Grant program; and authorize the County Manager to execute supporting documents.

26. Approve and authorize the Chairman to execute a supplemental award Letter, as shown on page _______, from the Florida Division of Emergency Management in acceptance of an additional $40,313.00 in grant funds through the EMPA Base Program.

Budget

27. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-169, as shown on page _______, implementing Budget Amendment Request (BAR) #08-64 through the Public Safety Federal Grant Fund in the amount of $42,322.00 to increase funding for the Public Safety Federal Grant Fund.

28. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-170, as shown on page _______, implementing Budget Amendment Resolution (BAR) #08-76 through the General Fund for a total of $600,000.00 to increase funding for Tax Collector's commissions.

29. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-171, as shown on page _______, implementing Budget Amendment Request (BAR) #08-77 through the EMS Matching Grant Fund and Fire Protection Fund in the amount of $308,370.00 for the purchase of sixteen (16) automated CPR devices.

30. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-172, as shown on page _______, implementing Budget Amendment Request (BAR) #08-81 through the 1991 Infrastructure Sales Tax and West Collector Transportation Impact Fee Funds in the amount of $1,088,924.00 in order to fund the Bunnell Road and Eden Park Avenue Utility Relocation project.

31. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-173, as shown on page _______, implementing Budget Amendment Request (BAR) #08-82 through the Library Donations Fund in the amount of $22,000.00 in order to recognize donations by the Friends of the Library and to appropriate funds necessary to lease computers for citizen use.

32. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-174, as shown on page _______, implementing Budget Amendment Request (BAR) #08-83 through the Public Safety Grants Fund in the amount of $40,313.00 to increase funding for the Public Safety Emergency Management Performance Grant.

33. Approve and authorize the Chairman to execute appropriate Budget Change Request (BCR) #08-30 through the General Fund in the amount of $50,400.00 to increase funding for the Community Assistance program.

34. Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-33 in the Water and Sewer 2006 Bond Fund, in the amount of $1,167,680.00 to increase funding for the Markham Reclaim Storage/Repump Project.

35. Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-34 through the Water and Sewer 2006 Bond Fund in the amount of $245,269 to increase funding for the Markham Woods Road Utility Project.

36. Authorize staff to advertise and schedule a public hearing for presentation of the proposed Port Authority budget for Fiscal Year 2008/09.

MSBU

37. Approve appropriate Resolution #2008-R-175, as shown on page _______, as revised, establishing the 2008 assessment rate for each MSBU for which annual establishment of a revised assessment rate is a condition of existence.

Information Technology Services

Operations

38. Approve and authorize the Chairman to execute the Seminole County 800 MHz Rebanding Interlocal Agreement, as shown on page _______, with Seminole County School Board.

Planning and Development

Development Review

39. Approve and authorize the Chairman to execute the final plat for Enclave Subdivision, located on Markham Road in Section 36, Township 19S, Range 29E, Silver Sea Homes, Inc.

40. Authorize release of the Highcroft Pointe Townhomes Private Road Maintenance Bond #5005241-2 in the amount of $98,619.00 for the Highcroft Pointe Townhomes road improvements.

41. Authorize release of the Private Road Maintenance Agreement and Irrevocable Standby Letter of Credit #55100380 in the amount of $55,965.00 for the Summerfield Subdivision road improvements.

42. Approve and authorize the Chairman to execute the final plat for the Acuera Subdivision located at the southwest corner of Longwood Markham Road and Markham Road in Section 34, Township 19 south, Range 29 east.

43. Authorize the release of Performance Bond #B98815017258 for Banyan Pointe Subdivision as requested by Ashton Orlando Residential, LLC.

Public Works

Engineering

44. Approve and authorize payment in the amount of $57,355.68 for work performed by Lake Monroe Development, LLC, in conjunction with the County Road 15 Road Improvement Project (from State Road 46 to Orange Boulevard). Capital Improvement Project Number 00005801.

45. Adopt appropriate Resolution #2008-R-176, as shown on page _______, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page _______, with the Florida Department of Transportation for the design of Audible Pavement Markings on Osceola Road from State Road 46 to Bee Lane. (FDOT FPN: 423965-1-38-01). Approve the addition of $50,000.00 in design funds into the tentative FY 2008/2009 budget.

46. Adopt appropriate Resolution #2008-R-177, as shown on page _______, authorizing the Chairman to execute a Quitclaim Deed, as shown on page _______ releasing all interest in certain property (FDOT Parcel No. 127.4R) to the Florida Department of Transportation in conjunction with the Interchange Project at State Road 436 and Red Bug Lake Road.

Roads-Stormwater

47. Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page _______, between Seminole County and the City of Altamonte Springs relating to Road Transfers.

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

48. Authorize the issuance of an Offer of Judgment for Parcel Numbers 102/702 on the County Road 15 road improvement project. Sobik’s of Airport Blvd., Inc. operates a business on the site and has claimed business damages. Therefore the offer amount of $250,000.00 will include compensation for land, severance damages, costs to cure, and business damages. The sum of $34,400.00 will be allocated for the total of $250,000.00 for business damages. The Offer will be exclusive of statutory interest, attorney’s fees, and cost reimbursements.

49. Authorize the issuance of an Offer of Judgment for Parcel Number 111, Waddle Property, for the County Road 15 road improvement project in the amount of $45,000.00 exclusive of statutory interest, attorney’s fees, and cost reimbursements.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

50. Expenditure Approval Lists, as shown on page _______, dated June 9, 16, 23 and 30, 2008; Payroll Approval Lists, as shown on page _______, dated June 12 & 26, 2008; and approval of Official Minutes dated June 10 & 24, 2008.

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

1. Copy of memorandum to Ann Colby, Assistant County Attorney, from Matthew G. Minter, Deputy County Attorney, requesting a basic services agreement regarding Seminole County v. Strategic Acquisitions Corp, et al.

2. Certificate of Completion, as shown on page _______, for CC-1416-06.

3. Memorandum to Sandra McCann, Commission Records, from Shirley Berrie, County Attorney’s Office, submitting to the Record the Owner’s Title Insurance Policy, as shown on page _______, relating to Fire Station 13.

4. Work Order #78, as shown on page _______, to PS-5150-03.

5. Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $15,532 for Markham Woods Enclave.

6. Change Order #5, as shown on page _______, to CC-2583-07.

7. Work Orders #29, #30 and #31, as shown on page _______, to PS-1529-06.

8. Second Amendment, as shown on page _______, to M-491-05, Rainbow Distributors USA, Inc.

9. Work Order #8, as shown on page _______, to PS-5185-05.

10. Tennis Developmental Instructor Agreements, as shown on page _______, for Mason Addison, Gabriela Celi and Rachel Magory.

11. Amendment #1, as shown on page _______, to M-2636-07, Camp, Dresser & McKee, Inc.

12. Change Orders #1 and #2, as shown on page _______, to CC-2396-07.

13. Work Order #5, as shown on page _______, to PS-5106-01.

14. Performance Bonds, as shown on page _______, in the amount of $391,883.80 for Roads, Streets and Drainage; and in the amount of $45,156.10 for Water and Sewer for Reserve at Alaqua Country Club.

15. Agreements CC-2183-07 and CC-2184-07, as shown on page _______, with Unipark Construction Corporation.

16. Agreement CC-2183-07, as shown on page _______, with Sovanic, Inc. d/b/a Manor Homes.

17. Certificate of Completion, as shown on page _______, for Work Order #15 to CC-1075-06.

18. Amendment #1, as shown on page _______, to Work Order #17 for PS-1074-06.

19. Amendment #1, as shown on page _______, to Work Order #13 for PS-5190-05.

20. Work Order #11, as shown on page _______, for CC-1284-06.

21. Amendment #3, as shown on page _______, to Work Order #16 for PS-0381-06.

22. Seminole County/City of Sanford HUD/CDBG Subrecipient Agreement, as shown on page _______, for Program Years 2007-2008 and 2008-2009.

23. Amendment #1, as shown on page _______, to Work Order #87 for PS-5165-04.

25. Addendum #2, as shown on page _______, to the Greenway Pointe PUD Developer’s Commitment Agreement.

26. Development Orders, as shown on page ________, as follows: Joseph F. DePaulis, 2220 Poinsettia Drive; Jeffrey & Donna Grimm, 838 Lewis Place; Robert S. Coe & Maria E. Giraldo-Coe, 5101 Brenwood St.; John & Glenna Kurzon, 355 Bodie Ave.; Ronald & Celestene Thomas, 1805 Strickland Ave.; Cory E. Ratchford & Michelle N. Wingate-Hess, 2540 Narcissus Road; Daniel M. & Nancy A. Stine, 1394 Windy Ridge Court; Scott L. & Thyra Phillips, 1118 North Black Acre; Rami Nassim, 3005 Osceola Road; and Michael & Patricia Gallagher, 1811 Beacon Drive.

27. Amendment #2, as shown on page _______, to Work Order #1 for PS-5156-04.

28. Assistant and Associate Tennis Pro Agreements, as shown on page _______, with Lauren Wolken and Sarah Harkins.

29. Third Amendment, as shown on page _______, to PS-5168-04, Camp Dresser & McKee.

30. Certificate of Completion, as shown on page _______, for CC-0376-05.

31. Work Order #35, as shown on page _______, to PS-1529-06.

32. Amendment #1, as shown on page _______, to Work Order #89 for PS-5165-04.

33. Seventh Amendment, as shown on page _______, to RFP-4174-02, Vila & Son Landscaping.

34. Parks Contract for Services, as shown on page _______, with the following: Debby Fowler; Daniel Tucker; Valerie Long; Laura Massey; George Miller; and Jennifer Morse.

35. Maintenance Bond, as shown on page _______, in the amount of $49,413.67 for Savannah Park Townhomes.

36. Work Order #4, as shown on page _______, to CC-2183-07.

37. Third Amendment, as shown on page _______, to RFP-4245-05, Nortrax Equipment Company Southeast, L.P.

38. Work Orders #1 and #2, as shown on page _______, to RFP-2251A-07.

39. Term Contract IFB-600408-08, as shown on page _______, with Express Supply, Inc.

40. Work Order #79, as shown on page _______, to PS-5150-03.

41. Amendment #1, as shown on page _______, to Work Order #26 for PS-1074-06.

42. Basic Contract #M-3540-08, as shown on page _______, with Structural Preservation Systems, LLC.

43. Letter of acceptance and Bill of Sale, as shown on page _______, for Markham Woods Enclave.

44. Work Orders #10, #11 and #12, as shown on page _______, to CC-1741-07.

45. Change Orders #1, as shown on page _______, to Work Orders #2 and #3 for CC-1075-06.

46. Amendment #1, as shown on page _______, to W.O. #1 to RFP-0996-06.

47. W.O. #4, as shown on page _______, to RFP-4233-04.

48. W.O. #1, as shown on page _______, to PS-2468-07.

49. W.O. #2, as shown on page _______, to PS-2468-07.

50. W.O. #60, as shown on page _______, to PS-5120-02.

51. Close-out Document, as shown on page _______, for W.O. #21 to CC-1075-06.

52. W.O. #69, as shown on page _______, to CC-1220-03.

53. W.O. #31, as shown on page _______, to PS-1074-06.

54. W.O. #101, as shown on page _______, to PS-5165-05.

55. Fifth Amendment, as shown on page _______, to RFP-4253-05.

56. Amendment #1, as shown on page _______, to PS-0984-06.

57. W.O. #37, as shown on page _______, to PS-1529-06.

58. W.O. #80, as shown on page _______, to PS-5150-03.

59. Letter of Credit, as shown on page _______, for Devon Green IV in the amount of $5,670.

60. Notice to Taxing Authorities from the City of Oviedo re: meeting scheduled on June 30, 2008 to consider the Oviedo Community Redevelopment Area Findings of Necessity and Redevelopment Strategy.

61. Park Agreement, as shown on page _______, for John Harkins, Assistant, Tennis Tournament.

62. Product License & Technical Services Order Form and License Agreement, as shown on page ______, with Software AG USA.

63. Solicitation CD’s for CC-3445-08/VFT.

64. W.O. #2, as shown on page _______, to RFP-0580-06.

65. W.O. #59, as shown on page _______, to RFP-4214-04.

66. Fourth Amendment, as shown on page _______, to RFP-4143-01.

67. C.O. #3, as shown on page ______, to CC-1114-05.

68. Fourth Amendment, as shown on page ______, to IFB-3096-04.

69. C.O. #2, as shown on page _______, to CC-2324-07.

70. W.O. #76, as shown on page _______, to PS-5150-03.

71. Amendment #1, as shown on page _______, to W.O. #8 to PS-1529-06.

72. Amendment #5, as shown on page _______, to CC-1267-05.

73. Agreement #M-3633-08, as shown on page _______, with Pate Engineering.

74. First Amendment, as shown on page _______, to IFB-600150-07.

75. Agreement for RFP-600402-08, as shown on page _______, HLP, Inc.

76. Second Amendment, as shown on page _______, for PS-1025-06.

77. Dental Contract & Policy, as shown on page _______, with Starmark Benefits as approved by the BCC on September 11, 2007.

78. Amendment to Letter of Credit, as shown on page ________, for Parke at Hanover Place, extending expiration date to June 10, 2009.

79. Memoranda from County Attorney’s Office transmitting Temporary Construction Easements, as shown on page _______, for the Lake Emma Road project from the following: Parcel #729B/Regency Park at Lake Mary Condominium Association, Inc.; Parcel #711/Hidden Cove; and Parcel #706/Brentwood Club HOA of Longwood.

80. Bill of Sale and letter, as shown on page _______, accepting water & sewer for Savannah Park Townhomes.

81. Development Orders, as shown on page _______, from the Board of Adjustment as follows: Cork & Olive; Patrick & Michele Murphy; Paul Linartas; Malcolm Trigg & Margaret Waller; Frances Morro; Loren Wadsworth; Norman & Ana Lamberty; Mary Vogel; Russell & Stefanie Kitner; Robert & Mildred Lipka; Lizzie Williams; Michael & Patricia Gallagher; and Cleopatra Goble.

82. Notice of Reversion, as shown on page _______, with regard to the purchase of Fire Station #13 from Florida Conference Association of Seventh Day Adventists.

83. Transmittal package of the adopted Small Scale Plan Amendments to the Comprehensive Plan for 2007.

84. Bids as follows: RFP-600326-08; 600427-08; PS-3306-08; RFP-600429-08; RFP-600226-07; RFP-600227-07; CC-3371-08; CC-3445-08; CC-3321-08; CC-3519-08; IFB-600321-08; and IFB-600325-08.

Sheriff’s Office

51. Approve and authorize Chairman to execute appropriate Resolution #2008-R-180, as shown on page _______, implementing Budget Amendment Request (BAR) #08-85 through the General Fund in the amount of $21,045.00 for Child Protective Services Training.

52. Approve and authorize Chairman to execute appropriate Resolution #2008-R-181, as shown on page _______, implementing Budget Amendment Request (BAR) #08-86 through the General Fund in the amount of $160,000.00 to increase funding for the Sheriff’s Office operations.

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

REGULAR AGENDA

Maggie Ketcham, Addressing, addressed the Board to present the request to change the name of Lake Drive and East Lake Drive to Seminola Boulevard. She said at the June 24, 2008 BCC Meeting, the Board directed staff to meet with the E911 Addressing Committee with regard to the request. She stated that the Committee met and reaffirmed the original proposed street name change.

District Commissioner Dallari suggested a compromise – renaming the portion of Seminola Boulevard (from the traffic light at Lake Drive going east to Tuskawilla) to East Lake Drive.

Chairman Carey pointed out that the petition included only 23 households located on the road and the rest of the signatures were from people who live out of the area. District Commissioner Dallari pointed out that the other people who signed the petition attend the church located on the road. Discussion ensued.

Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-182, as shown on page _______, approving the changing of the street name of Seminola Boulevard (from the traffic light at Lake Drive going east to Tuskawilla) to East Lake Drive.

Districts 1, 2 and 3 voted AYE.

Commissioners Henley and Carey voted NAY.

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Director of Fiscal Services, Lisa Spriggs, addressed the Board to request approval of the millage rates for the Truth In Millage (TRIM) notification and the scheduling of the first public hearing to adopt the FY 2008/2009 Budget. She discussed the impact Amendment 1 has had on the County and reviewed with the Board the additional information distributed regarding millage rates, including the current rate, maximum, rolled-back rate, and staff’s recommendation. She advised the proposed budget, as presented, is structurally unbalanced by approximately $14 million. She said revenues continue to decline and where they had projected that reserves would carry the County through the year 2011, it is now the year 2010.

Upon inquiry by Commissioner Henley, Ms. Spriggs stated by going with staff’s recommended millage rate, it would provide $5.5 million toward the $14 million deficit.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to set the tentative millage rates, as recommended by staff, (General Services – 4.5379; Fire/Rescue – 2.3299; Unincorporated Roads – 0.1107; and Voted Debt – 0.1451; Total 7.1236) to be included in the TRIM notifications; and authorize staff to schedule public hearings for the adoption of the tentative and final millage levy and budget for FY 2008/2009.

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

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Director of Public Works, Gary Johnson, addressed the Board to advise Jimmie Beach will be giving the status of the Alternate Surface Treatment and Supplemental Paving Program and asking the Board to accept the 135 miles that will be completed during this fiscal year.

Jimmie Beach, Public Works, addressed the Board to give a PowerPoint presentation (copy received & filed) with regard to the paving program. He reviewed the history of the program, advising the original program was for three years, then years four and five were added; and, finally the supplemental paving program was created to pave the remaining emergency maintenance roads left in the system. He said 13 additional miles have been paved since staff last briefed the Board on April 27, 2004. He displayed a chart depicting the roads that were removed from the paving program by district. These roads were either removed because of lack of right-of-way donations or residents signed a petition to stop the paving; and they will receive emergency maintenance only. He pointed out the roads on the list that are private and, therefore, will not receive emergency maintenance. He displayed a chart of recent requests for paving and advised the County no longer accepted unpaved roads in the County maintained system after October 1, 2003. He advised that in FY 07/08, Public Works will conclude the 9th and final year of the program and at its conclusion a total of 135 miles of dirt roads will have been paved. He reviewed the reduction of grading, advising this will save an estimated $90,000 annually; and stressed that emergency maintenance will now only be done on roads that exhibit an emergency condition of such severity that an owner residing on the road is deprived vehicular access to his or her property.

A brief discussion ensued with regard to the criteria that must be met in order to receive emergency maintenance.

Chairman Carey discussed Michigan Avenue in District 5, stating the Black Bear Preserve is located in the area and she feels like the road needs to be paved because of the public traffic. She advised staff has told her that the cost of paving the road is $19,000; and she asked for Board approval to do so.

Commissioner McLean said he believes the Board needs to be careful about selecting one road over another. Whereupon, Commissioner Henley agreed, stating this program is over and the money is gone.

Chairman Carey stated she believes Michigan Avenue is a unique situation because of the Black Bear Preserve and the public access. She added that if the Board will not approve the paving, she believes staff should put a sign up that says it is not County maintained and the public should stay off it.

Motion by Commissioner Dallari, seconded by Commissioner Henley to approve and accept the roadways paved through the Alternate Surface Treatment and Supplemental Paving Program into the County Road System, as presented.

Districts 1, 2, 3 and 4 voted AYE.

Commissioner Carey voted NAY.

COUNTY MANAGER’S BRIEFING

County Manager, Cindy Coto, presented, for information only, the Budget Amendment Status Report for FY 2007/08. She requested authorization to present this report on a quarterly basis rather than a monthly basis.

Clerk of Circuit Court, Maryanne Morse, objected to the change, stating from a financial and auditing standpoint she would prefer the reporting to continue on a monthly basis. She said that will be following the direction that they originally agreed to when the budget changes were made a year and a half ago.

Upon inquiry by Commissioner McLean, Ms. Morse stated the volume of these changes could increase rather rapidly and she does know that there have been some budget changes which have been rejected and were required to be taken to the Board.

Chairman Carey stated that just this month there are over a dozen changes amounting to $15 million; and she does not know why it is an issue to report these to the Board on a monthly basis.

Commissioner Henley said they have only been doing the reporting for six months and prior to that all the changes were required to come to the Board.

Commissioner Van Der Weide stated he would like to leave the reporting as is.

The Board, by unanimous consensus, directed that the Budget Amendment report continue to be done monthly.

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The Chairman recessed the meeting at 10:50 a.m., reconvening it at 10:55 a.m., this same date. Clerk of Circuit Court Maryanne Morse left the meeting at this time

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Dr. John Cirello, Director of Environmental Services, addressed the Board to give a PowerPoint presentation (copy received & filed) on Ozone Treatment for the County’s water treatment facilities. He explained the following: current groundwater treatment process; natural elements in groundwater; chlorine usage in treatment; disinfection by-products (DBPS); and oxidation treatment choice. He stated the DBP’s can be reduced by eliminating the chlorine oxidation. He reviewed the regulations and the ozone oxidation process, stating this process is the best option for the County to be in compliance. It also eliminates the taste and odor problems and provides disinfection. He said they would still be required to put in chlorine, but not as much. He displayed a graph (received & filed) showing the DBP trends for the Markham Regional Water Treatment Plant from 2000 to 2007 and discussed same. He advised the maximum EPA contaminant level is 80 THM MCL, and said it is regulated based on an annual average. He stated that the running annual average for the Markham plant from August 2007 to May 2008 is 81. He further advised that staff is recommending using the ozone process in three of the County’s plants (Lynwood, Markham, and SER WTP’s) because all three will require changes in order to comply with the water quality regulations. He said these three plants provide 2/3 of the County’s system capacity. He discussed the timeline, stating the Markham plant will be 2009 design 2010 construction; the SER plant will be 2011 design/2012 construction; and the Lynwood plant will be 2012 design/2013 construction.

Dennis Westrick, Environmental Services, addressed the Board to advise the renovation cost for the three plants would be $60 million.

Upon inquiry by Chairman Carey, Dr. Cirello stated that the new regulations come into effect in 2012 and if the County is in violation, they will be fined $10,000 a day per facility.

Discussion ensued with regard to the bonding to make these improvements.

Commissioner Henley expressed his concern that these improvements were not included in the first phase of the bonding.

Commissioner Van Der Weide pointed out that this will ultimately be paid for by the rate payers who use the utility.

Dr. Cirello advised the County’s water quality is good, but staff is trying to meet the future DEP requirements.

COUNTY ATTORNEY’S BRIEFING

County Attorney, Robert McMillan, addressed the Board to advise he did attend the recent FAC Conference and the Executive Board did vote to authorize litigation regarding the constitutionality involving the Conflict Counsel. He referred to the chart (copy received & filed) listing what other counties in the Fifth District are doing with regard to this matter. He further advised FAC has agreed to pay for 1/3 of the cost of the litigation, and he does not anticipate more than $3,000 in cost per county.

Commissioner Henley stated he believes it is important for Seminole County to join in the lawsuit with FAC.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize joining in the litigation by FAC, in an amount up to $5,000, with regard to challenging the constitutionality of the Conflict & Civil Regional Counsel.

Under discussion, Commissioner McLean stated he does not believe that the County should be funding any dollars for the Conflict Counsel until after this litigation is resolved.

Commissioners Henley and Van Der Weide agreed to add that stipulation to the motion.

Ms. Coto updated the chart and advised that St. Johns County has agreed to join in the lawsuit.

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

COUNTY MANAGER’S BRIEFING, CONTINUED

Ms. Coto requested Board direction on the Federal Lobbyist contract that is ending on September 30, 2008. She said there is no contract extension available.

Chairman Carey stated she believes Alcalde & Fay have been helpful, especially when the Board is visiting Washington D.C. However, she feels all the Commissioners are very familiar with the County’s Washington Delegation and in light of the budget problems, she is not sure they should spend this money in this way.

Commissioner Dallari said the upcoming Transportation Bill will be very important to the County and be believes it would be prudent to have a lobbyist to cover this as well as a multitude of other issues.

Commissioner Van Der Weide objected to renewing this contract, stating he believes it is a waste of money. He said Congressman Mica is a major player and he saw him last week. He further said he does not see the need for spending taxpayers’ money and he does not see the benefit.

Upon inquiry by Commissioner McLean, Ms. Coto advised last year the County spent $72,000 for the federal lobbyist.

Commissioner McLean questioned if it is possible to establish the amount that the County would be willing to pay.

Commissioner Henley stated that when the money is the shortest, is when the lobbyists are needed the most. He said he believes the County needs their assistance now more then ever.

Chairman Carey stated if it is the Board’s pleasure to continue with a Federal Lobbyist, she is not interested in going through the bid process again. She said she would rather have a discussion with the current lobbyist about a specific scope of service.

Ms. Coto advised the Board would have to waive the procurement process and award a contract for an additional year. She asked that the Board give staff an idea on the dollar figure.

Motion by Commissioner Dallari, seconded by Commissioner McLean to waive the procurement process with regard to the Federal Lobbyist contract; and authorize staff to negotiate a new contract with Alcalde & Fay.

Districts 1, 2 and 4 voted AYE.

Commissioners Van Der Weide and Carey voted NAY.

Commissioner Van Der Weide requested staff provide him with a list of names of everyone working for that firm who lives in Seminole County.

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The Chairman recessed the meeting at 11:38 a.m., reconvening at 1:32 p.m. with all Commissioners and all other Officials, with the exception of Clerk Maryanne Morse who was not in attendance, and Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

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Ms. Coto advised that the Agenda Items #60, Appeal Board of Adjustment, Louis Morgan; and #61, Small Scale Land Use Amendment and Rezone, Jack Reynolds, will not be heard today due to errors in advertising, but they will be heard by the Board on the August 12, 2008 agenda.

PUBLIC HEARINGS

CHARTER OAKS/TAMARAK MSBU

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution establishing final assessments for the Charter Oaks/Tamarak Municipal Services Benefits Unit, received and filed.

Kathy Moore, MSBU, addressed the Board to present the request. She acknowledged the Public Works Department for their assistance and to community liaison who donated his time to see this project through completion. She stated this project represents the second of two pilot sites. Review of the wall projects will be presented to the Board at a later date. Also, at that time, the MSBU Program will seek Board direction as to offering wall projects as an approved project type of MSBU funding.

No one spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the Chairman to execute Resolution #2008-R-178, as shown on page _______, establishing the final assessments for the Charter Oaks/Tamarak Municipal Services Benefits Unit, as described in the proof of publication.

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

EVALUATION AND APPRAISAL

REPORT (EAR) AMENDMENTS

Proof of publication, as shown on page _______, calling for a public hearing to consider approval to transmit the Evaluation and Appraisal Report (EAR)-based text and map amendments to the Seminole County Comprehensive Plan to the State Department of Community Affairs (DCA), received and filed.

Sheryl Stolzenberg, Planner, addressed the Board to present the request. She gave a PowerPoint (copy received and filed) presentation that covered the following topics: What is the Comprehensive Plan?; Why Do We Need to Update?; Other Planning Efforts Considered; Recommended Changes; and Next Steps. She explained that this hearing is the midpoint and not the end of the process. The public can continue to send their comments to staff and/or attend the adoption hearing in December. The staff has recommendations being brought forth at this time to also go to the State Department of Community Affairs for their review and comments.

Ms. Stolzenberg reviewed the proposed text amendments and proposed amendments to the Future Land Use Map, as identified in the staff report.

Commissioner Van Der Weide stated he thinks it is important that the public realizes, as Ms. Stolzenberg said, that this is mandated by State law every seven years. He said he’s getting calls from people in the community who sees this as further eroding private property rights and they would like to get a commitment from the Board that it is not their plan to do that.

Ms. Stolzenberg said staff hopes they are giving people greater flexibility and not taking anything away from them.

Chairman Carey stated the staff has done a great job working through this. She further stated that between the time of transmittal and the adoption hearing, the Board will have an opportunity to read the completed document (copy received and filed).

Commissioner McLean also complimented the staff on doing a great job.

John Horvath, 1004 Bradford Drive, addressed the Board to speak in support of the proposed amendments and the Comprehensive Plan.

Richard Creedon, 1172 Apache Drive, President of the Geneva Citizens Association and Co-Chairman of the Eastern Seminole County Rural Lands Coalition, addressed the Board to state the reaction in the eastern rural area is disappointment in the Commissioners’ decision to strip the proposed addition of the 25’ front, natural buffer areas from the amendments to the Comprehensive Plan. He said this was one “baby step” to help preserve the vital groundwater supply. They do not have the luxury of water piped to their doorsteps as the urban areas do. He said this is a luxury they don’t want and should not need if they do everything possible to limit water withdrawals from the Aquifer. He said irrigation of the front 25 feet of a newly-constructed residential property in the eastern rural area is a luxury and a waste of precious water and one they cannot afford as a County. He urged the Board to reconsider their decision and reinsert the proposed 25’ natural buffer into the revised Comprehensive Plan, and add it to the new Land Development Code.

Attorney Peter Latham, 390 N. Orange Avenue, representing Buckholz Management, LLC, addressed the Board to state his client owns approximately 30 acres of land on SR 419 in the Snowhill Road area. They have specific concerns about the EAR amendment and the burden it’s going to put on the property owners. He explained that under the FLU (Future Land Use) pages 116 and 117, the amendment makes provision to tighten standards for amending the rural and urban boundary by requiring data and analysis to provide documents and additional lands required to support the adopted economic development goals of the County, because of the lack of the suitable vacant or redevelopable lands within the urban areas. He said such an analysis is excessive and burdensome for the landowners and cannot be justified. He stated the standards are not explicit as to what a landowner is to do to meet this burden and are very susceptible to being arbitrary and capricious in their administration. He said even the 2006 Rural Character Plan done by Glatting Jackson (sponsored by the County) acknowledges many increases in urban characteristics of the Snowhill Road area and other areas are noted similarly. He referred to FLU 4 and said they object to the designation of the property shown in the upper left hand corner (triangular shape). He said while the rural/urban line the County adopted imposed upon the entire County, the maps show Oviedo as a gray blob and does not attempt to show the land uses in Oviedo. He said if they are going to impose upon the city of Oviedo a rule that they must live with, it seems they should make as part of the plan the characteristics of the property that reflect upon the decision. He stated the proposal does not provide for the existing changes that should be made to the rural boundary line but instead attempts to increase the burden and make it more difficult for owners to bring legitimate cases of changes of circumstances. He said it appears that the EAR violates its own procedure in Section 163, which requires the staff to analyze the impacts on private property rights before making any amendments. They believe the proposed regulations may constitute a taking without compensation in violation of the Florida and federal constitutions.

Upon direction of Chairman Carey, Dori DeBord addressed the comment by Attorney Latham that the maps don’t show the city jurisdictions. Ms. DeBord explained that it is not statutorily required to show the city jurisdictions, but staff does show the jurisdictional line which is required by Section 163. She said it is also not required in the Comprehensive Plan or in the City’s Comprehensive Plan to show the land uses of neighboring jurisdictions. At this point in time, the County’s Comprehensive Plan accurately shows the Oviedo line where it is. This is the plan for the unincorporated Seminole County area and not all of the County area. Further, she said on the entire FLU map, there are jurisdictional lines but they have left out land uses for all the jurisdictions.

Ms. DeBord advised Chairman Carey that on Exhibit 4, the land use was not changed on the map for the triangular property Attorney Latham pointed out, but the map continues to represent the same future land use it has had all along and represents where the urban/rural boundary line exists in the County.

Chairman Carey asked at what time will the staff sit down with the cities and other surrounding jurisdictions to make sure they don’t have conflicting recommendations. Ms. DeBord explained the staff sends copies of the County plan to the cities and they have the right to review it prior to adoption and make any comments. When the cities’ plans come forward for transmittal, they will send copies to the County and the staff will review their plans.

Upon inquiry by Commissioner Dallari, Ms. DeBord said the green density bonus initiative has been removed from the Plan, but the Workforce Housing up to 20% remains.

Therefore, Commissioner Dallari said he would like to see if there is a consensus to put the green initiative back in the Plan and they can work on that between now and adoption of the Plan.

Commissioner Henley said he could support that because that gives the Board the opportunity to revisit it.

Chairman Carey asked Ms. DeBord to schedule time as staff comes up with their recommendations on this before this comes back before the Board for final adoption. She said the Commissioners have all supported the green initiative where it makes sense, but it is still a complex issue.

Commissioner Van Der Weide stated it will be very interesting to know what the financial impact will be. He asked if they can get a better handle on that.

Chairman Carey said there are a lot of things people can do that don’t cost a lot of money. There are some things that the cost of return is so great that most people will never do them. She said the HBA may be able to help staff and Orange County is also going through the process of implementing green standards and bonuses. She said Ms. DeBord may be able to reach out to some of these other agencies rather than try to recreate the wheel.

Ms. DeBord stated the bonuses are an incentive program and it is not a requirement for a developer to go green or implement a bonus. She said the cost to the County is nothing, but the cost to the developer may be some additional development that would be able to be leased or sold. Staff sees this as an advantage to the business community to add this to the equation. She said staff will be glad to schedule a workshop with the Board and bring back some examples of FAR’s. The staff is working to try to do a 3D presentation to show what it would look like along the corridor to implement some of these items. She said she will work with the County Manager’s Office to schedule that.

Ms. DeBord advised Commissioner Van Der Weide that staff will provide information on what this initiative will cost.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner McLean, seconded by Commissioner Dallari, to transmit the Evaluation and Appraisal Report (EAR)-based text and map amendments to the Seminole County Comprehensive Plan to the State Department of Community Affairs; as described in the proof of publication.

Under discussion, Chairman Carey clarified with Commissioner McLean that the transmittal will include the addition of the “green” language.

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

Ms. DeBord expressed that this has been a huge challenge to her staff and she thanked the Board for their time and patience in working with staff to make this happen. They are looking forward to transmitting the EAR to the State, getting those comments and bringing it back to the Board for adoption.

CHAIRMAN’S REPORT

Chairman Carey reiterated that Items #60 and #61 will come back before the Board at the next Commission meeting.

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Chairman Carey advised at the last Metropolitan Planning Organization meeting, they had a couple of things brought to their attention that she would like to share with the public. One is the Road Rangers program. This program is funded now mostly by the Department of Transportation (DOT) and as part of the funding cuts, DOT is looking at cutting their funding. Part of what the Road Rangers are looking for in order to continue to provide this service is private sponsorships. She thinks there are a lot of businesses looking for opportunities to get their names before the public. This may be an opportunity to do that in a way that will help all the citizens and it’s an excellent opportunity to advertise a business. Also, at the meeting, there was a presentation by the local chapter president of AARP who told of a lot of the programs offered for senior citizens that they may not be familiar with. One of these is the Driver Safety Course. The president said taking the course qualified her for a reduction in premium in her automobile insurance. Chairman Carey said some seniors might take note of that information.

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Chairman Carey stated she received a letter (not received and filed) forwarded from Sheriff Eslinger that he received personally about the County’s potable water line connection check valve. The concern is that the Sheriff has a well he uses for irrigation and it is not connected to the County’s system. His question is why is he getting a letter that he has to have the check valve installed. The cost is approximately $375. Chairman Carey said she thinks the staff needs to go back and look at what they are doing. She said the tone of the letter is threatening and a couple of people who called her office were seniors and they were scared to death when they received the letter. She asked staff to go back and review what is going on and who is being sent these letters.

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Chairman Carey stated she has a request from Commissioner McLean for his pre-approved trip to the FAC Conference. She has spoken to Ms. Coto about adding a line item to the Board’s Consent Agenda to show a travel expense to be approved as a regular item. Without that being in place today, she asked for the Board’s approval of $290.08 travel reimbursement to Commissioner McLean for mileage incurred to go to the FAC Conference.

Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve travel reimbursement in the amount of $290.08 to Commissioner McLean for mileage incurred to go to the FAC Conference.

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

Chairman Carey stated that from this point forward, the requests for travel reimbursement will come before the Board as a regular consent agenda item.

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Chairman Carey announced that on July 27, “Keep Seminole Beautiful” is having their annual picnic at Captain’s Cove at the Port of Sanford and, hopefully, everyone will come out to that.

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Chairman Carey stated on July 30 and 31, the Budget Workshops will be held in the BCC Chambers beginning at 9:00 a.m. each morning, and they are scheduled from 9 a.m. to 5 p.m. on both days.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated June 16, 2008 from Congressman John Mica to Chairman Brenda Carey re: CSX liability agreements.

2. Letter dated June 20, 2008 from Ray Eubanks, DCA, to Chairman Brenda Carey re: Comprehensive Plan Amendment No. 08-1, adopted by Ordinance No. 2008-29.

3. Letter dated June 23, 2008 from Pat Lee, CMC, City of Sanford, to the Board of County Commissioners re: Annexation Notice for Ordinance 4116.

4. Copy of letter dated June 24, 2008 from Jason Weeks, Altamonte Sports & Programs, to Sharon Sears, Seminole County Convention and Visitors Bureau, re: Florida Half Century tournaments.

5. Letter dated June 25, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the DOR certification of the 2008 taxable values.

6. Letter dated June 25, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the DOR certification of the 2008 taxable values (Fire District).

7. Letter dated June 25, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the DOR certification of the 2008 taxable values (Road Improvement District).

8. Letter dated June 25, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the DOR certification of the 2008 taxable values (Unincorporated Stormwater Management).

9. Letter dated June 26, 2008 from Karl Welzenbach, Volusia County MPO, to Chairman Brenda Carey re: transportation priorities, Resolution No. 2008-13.

10. Letter dated June 26, 2008 from Karl Welzenbach, Volusia County MPO, to Chairman Brenda Carey re: transportation priorities, Resolution No. 2008-14.

11. Letter dated June 26, 2008 from James Mosieur, RMS Foundation, to Chairman Brenda Carey re: donation of cell phones for emergency calls.

12. Letter dated June 26, 2008 from Cindy Coto to Jeffrey Deen, Criminal Conflict and Civil Regional Counsel, re: status of Regional Conflict Counsel.

13. Memorandum dated June 26, 2008 from Jerry McCollum, County Engineer, to Seminole County Board of County Commissioners re: proposed changes to the Capital Improvement Program for the Department of Public Works for Fiscal Year 07/08 and Fiscal Year 08/09 Budget.

14. Letter dated June 26, 2008 from Diane Pickett Culpepper, Bright House, to Chairman Brenda Carey re: programming.

15. Letter dated June 27, 2008 from George Grandy, Jr., Regional Director, US Census Bureau, to Chairman Brenda Carey re: the need for office space in preparation for the 2010 Decennial Census.

16. Letter dated June 27, 2008 from Commissioner Carlton Henley to President John Hitt, UCF, re: federal lawsuit over the denial of the cell tower on McCulloch Road.

17. Letter dated July 1, 2008 from Karl Welzenbach, Volusia County MPO, to Commissioner Carlton Henley re: Resolution 2008-16 in support of maintenance of funds for SR 415.

18. Letter received July 2, 2008 from the city of Sanford to Business and/or Property Owner re: notification of temporary sign amnesty.

19. Letter dated July 2, 2008 from John Saboor, President, Central Florida Sports Commission, to Jason Weeks, Altamonte Sports and Programs, re: response to letter dated June 24, 2008.

20. Letter dated July 3, 2008 from John Cathcart to the Seminole County Board of County Commissioners re: renaming of East Lake Drive.

21. Memorandum dated July 3, 2008 from the city of Altamonte Springs to the Board of County Commissioners re: Annexations of property owned by Crescent Resources, LLC.

22. Letters dated July 3, 2008 from the city of Sanford to the Seminole County Board of County Commissioners re: Annexation Ordinances 4118 and 4119.

23. Notices of Public Hearings received from the city of Sanford on July 7, 2008.

24. Notice of Public Hearing received from the city of Altamonte Springs re: Lowe’s Home Center.

25. Letter dated July 7, 2008 from Paige Barbara Woodall to Chairman Brenda Carey re: Orlando Sentinel – July 4, 2008 “Chaining of Dogs.”

26. Copy of letter dated July 8, 2008 from Chairman Brenda Carey to Attorney General Bill McCollum re: request for opinion.

27. Letter dated July 10, 2008 from Commissioner Fred Brummer to Chairman Brenda Carey re: appreciation for the endorsement of the Commission for his appointment to the TRAP and RRAC.

28. Letter dated July 11, 2008 from Emmanuel Tormes, Special Assistant to the Governor, to Chairman Brenda Carey re: offering assistance and contact information in case of disaster.

29. Letter dated July 11, 2008 from Cathy Collins, Budget Supervisor, Property Tax Oversight, Florida Department of Revenue, to David Johnson, Property Appraiser, re: budget request for operation of office for 08-09.

30. Letter dated July 13, 2008 from Paul Daigle, CRA Chairman, Casselberry CRA, to Chairman Brenda Carey re: copy of the 06/07 CRA Audit.

31. Letter received July 14, 2008 from Latrell Barfield to Chairman Brenda Carey re: changing the code that requires the lawn to be cut if it is more than 3 feet high.

32. Letter dated July 15, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the budget for the 2008-2009 fiscal year for the Seminole County Property Appraiser’s Office.

33. Letter dated July 15, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the budget for the 2008-2009 fiscal year for the Seminole County Property Appraiser’s Office (Unincorporated Road District’s proportionate share).

34. Letter dated July 15, 2008 from David Johnson, Property Appraiser, to Chairman Brenda Carey re: the budget for the 2008-2009 fiscal year for the Seminole County Property Appraiser’s Office (proportionate share for the Fire District).

35. Letter dated July 16, 2008 from Adrienne Adriatico to Stephanie Monett, Property Appraiser’s Office, re: Tax Assessment.

36. Notice of Special Exception hearing for the Orange County Board of Adjustment (University Universalist Society) for August 7, 2008.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Henley stated regarding the Road Rangers program that it was not the wish of DOT to withdraw funding, but it is as a result of a mandate from the State Legislature to cut the program in half. Now, Lynx is the front operator of the program on behalf of DOT, but they are $900,000 short as the result of legislative action. That means there will be a significant cut in service unless they can come up with money somewhere else. Part of the funding also comes from MetroPlan, which has been budgeting $500,000 towards the program. One of the attorneys from DOT has taken the interpretation that MetroPlan cannot give money to the program. MetroPlan is challenging that interpretation. He said it is a valuable program and, hopefully, they can, through advertising and other means, keep it going full force.

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Commissioner Henley stated there was a meeting recently of Lynx with over 200 in attendance and approximately 50 speakers wanting more service, more frequent stops and shade but none came forth with an idea of where the money is going to come from. He said most of the people do not understand that Lynx operates primarily under contracted services. If you want more stops and more lines, you have to pay for it. The funding partners have not chosen to do that. He said Lynx is now approximately $9 million short of the budget. The people need to understand that you cannot continue to reduce revenues and increase expenditures when required by law to balance the budget. That’s why they have made cuts thus far and may be facing more cuts to get the budget structurally sound.

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Commissioner Henley reported that he spent last Friday in Lakeland at a joint MPO Alliance meeting with MPO’s from Polk, Brevard, Lake, Sumter, as well as Central Florida counties. There was a large turnout. He said Senator Dockery attended and attempted to take over the meeting with her displeasure of commuter rail. More misinformation was given out, but the group listened to her politely. Her concern was moving the lines out of Lakeland although the multi-modal project is in Winter Haven and is fully supported by Winter Haven. She is going to have a difficult time explaining why she is opposed to using tax dollars that were in the agreement and if they move those lines out, where is the money going to come from since it’s not coming from the State. He intends to try to keep the Commissioners informed so they can use it at their disposal when people question that. He said there was a proposal by Polk County to create another entity to deal with this and he spoke in opposition to that. The rest of the group agreed with him and that proposal was killed.

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Chairman Carey said regarding Lynx that they all know there needs to be a dedicated funding source for Lynx. She asked are they moving closer to having any ideas about how that may happen.

Commissioner Henley said there were a couple ideas on the Legislative Program. One was the $2 surcharge, and another was a sales tax for dedicated service. The Legislature passed the surcharge, but the Governor vetoed it. This last time, it was swept aside with the attitude of cut, cut, cut. He had a call from Commissioner Linda Stewart that she is trying to push the Orange County Board to come up with an increase in gas tax in order to provide a dedicated source to support Lynx. He explained that one of the problems they have faced with Lynx is that one of the funding partners has not been funding according to the formula. That has not been resolved to his knowledge.

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Commissioner Van Der Weide stated he attended the East Central Florida Regional Planning Council meeting with Commissioner McLean, who gave a report, and it went well. The Council seems to be functioning normally.

Commissioner Van Der Weide said the most interesting meeting he attended was the Port Authority meeting where they had interesting discussions relative to some things they can and can’t do and things they want to do. He has brought that to the attention of the County Manager, and he thinks those issues will be surfacing soon and, hopefully, reason will prevail.

Chairman Carey stated she understands that some of the things they wanted are reasonable and their attorney advised that some of the things they wanted to do were probably not feasible. Her comment was that the Commissioners are the ones who appoint the people and if they are going down a path that is different from the charter of the Port Authority, then the Commissioners probably need to reach out to understand what’s going on. She said the Authority Board will come before the BCC in August to present their budget for approval.

Ms. Coto advised she will be meeting with Mr. Van Gale tomorrow.

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Commissioner McLean said he also thinks reason will prevail in those circumstances with the Port Authority. He thinks they have all had the opportunity to speak with the Authority members and, hopefully, what has transpired in the past will continue through the future.

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Commissioner McLean stated he received an e-mail this morning from Paula Davoli who is resigning, due to family obligations, from the Leisure Services Advisory Committee.

Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2008-R-179, as shown on page _______, of appreciation to Paula Davoli for her service on the Leisure Services Advisory Committee.

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

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Commissioner McLean stated he had the opportunity to participate in the July 4^th celebration in Geneva. He thanked Mr. Creedon for providing some emergency transportation to him at that time. He said this was a great event. He said he also had the chance to go to Altamonte Springs’ Red Hot and Boom event with their very impressive fireworks display. He noted that the city of Sanford also had their fireworks display and did an excellent job, but he was unable to attend.

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Commissioner McLean announced that on August 7, the Annual Seminole County Hobnob will be held at the Altamonte Springs Hilton from 4:30 p.m. to 7:00 p.m., and the tickets are $25. Anyone interested in attending can see him or call the Seminole County Regional Chamber for more information.

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Commissioner McLean reported, as mentioned earlier, that he represented the Board at the Florida Association of Counties annual conference in Miami and there was a lot of good information shared. He received information for Risk Management on self-funding and the clinic approach. There were some people from Polk County who have background in this and he was able to bring back information on that. He stated he did obtain a seat on the Board representing District 24 and now Seminole County has two seats. He showed his certificate received certifying him as a Commissioner.

Chairman Carey congratulated Commissioner McLean on obtaining the certificate and securing a seat on the FAC Board. She asked him to distribute the information on the clinic and who in Polk County is the lead contact on this.

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Commissioner Dallari stated this past Thursday, the EDC (Economic Development Commission) had their quarterly update in Seminole County (Lake Mary Civic Center) and he thanked Commissioner McLean for attending.

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Commissioner Dallari stated he received a phone call from one of the residents referencing the backflow prevention program regarding the cost to elderly individuals on fixed incomes. He asked Gary Rudolph to see if the contractor would be willing to work with senior citizens on fixed incomes to do some type of installment plan.

Gary Rudolph, Utilities Manager, addressed the Board to state he spoke with the owner of Ace and they do not do that. He also spoke with Bob Briggs and Community Services. He will be meeting with Community Services to see if there is some kind of program that can be put together for that.

Commissioner Dallari asked if he can bring this back to the Board through the County Manger.

Commissioner Van Der Weide left the meeting at this time.

Chairman Carey said she has asked Ms. Coto to talk to staff about what is actually going out to the citizens, the tone of the letter, responses and who the target clients really are.

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Commissioner Dallari said he received a phone call at lunchtime from Commissioner Bob Miller, city of Winter Springs, who informed him the City is trying to negotiate a right-of-way for the Cross Seminole Trail on CR 419 by Soldiers Creek and they are negotiating a 30 foot right-of-way. He spoke to Dave Martin who said staff would like to have a 35 foot right-of-way in order to put in some landscaping. He would like the County staff to speak with Winter Springs staff to try to get the extra five feet.

Chairman Carey said the County has not landscaped the trails. Whereupon, Commissioner Dallari said there is some buffer from the trails, however, or they would be right up against the road.

Commissioner McLean said this process has been going on for a long time. He suggested for the sake of five feet, they need to at least have the discussion in order to move this process forward. Commissioner Dallari agreed.

Commissioner Henley stated the delay has been caused by the fact they wanted a different route.

Chairman Carey said the property owner has a lot to do with this also. If they are willing to give the County 30 feet and they can’t get 35 feet, this can’t be negotiated.

Commissioner Dallari said this area is underneath the power lines, so he doesn’t think there will be any construction done there.

COUNTY ATTORNEY’S REPORT

Mr. McMillan reported from the FAC Conference what he learned from representatives about what is going on in other counties with FBI investigations and such. They also discussed various approaches their counties have taken relative to the budget. It was shocking to him to learn what other counties are doing. He sent Ms. Coto a memo, while at the meeting, that it was a compliment to her and the Board how they have handled their approach to the budget.

Chairman Carey said when you talk to other Commissioners from around the State, they say they haven’t had their workshops yet about the budget. She said that’s pretty scary. She thinks with what’s about to happen in the next couple months, a lot of bad news is about to come down.

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Mr. McMillan stated at the April meeting during the Environmental Services presentation on their Capital Improvements Project, the Board asked him and Ms. Coto to set up meetings with each of the Commissioners. He believes the staff has met with each of them on the basics of the deal relative to operation and management of the Yankee Lake Plant. He talked to each of them last week about the outline that Guy Minter has worked on and provided a final version (copy received and filed) of that this morning to the Board. Based on the conversations with the Commissioners and other parties in the County and the County Manager’s Office, he thinks this represents the consensus of where the Board would like to go. The framework indicates the one they are going with. There were some different fundamental understandings between the individual Commissioners and the Board members and what the partners were hearing on the issuance of governance. That is discussed in Points 5 and 6 of the memorandum with the final line being that the plant would be owned and operated by the County. There will be a board made up of the partners and the exact division of how that will come out will be brought back to the BCC. He said this is what the management staff will be seeking in the discussions with the partners.

Chairman Carey stated there has been a lot of discussion about this and some of the biggest partners they could have, like Orange County, have not come to the table for various reasons including that they thought they could get a permit from the Kissimmee River piece of Taylor Creek. She has spoken with Commissioner Bill Segal. She suggested Ms. Coto meet with the County Manager of Orange County and they did that last week. She thinks the tone from the city of Orlando is that they have more interest than in the past. As they move forward talking to some of the larger users, some of the dynamics of this may change. She thinks this is a good framework to start the discussions. It is very similar to the South Seminole North Orange County Transmission Authority’s setup they had for Iron Bridge and she thinks that’s a good model to use. She thinks it is important that the Board continues to be briefed by staff on what they are hearing, because they are out in the community a lot with their contemporaries from other jurisdictions who are having discussions with their staffs and it’s important they all know what the latest development is.

Mr. McMillan stated the goal from the beginning was to make sure the BCC understood going into the discussions where they were headed as opposed to getting a final document at the end that everybody else had signed off on and finding out for the first time they were giving up some authority they didn’t realize. He said he expects some give and take during the discussions, but the BCC will know and make the decisions.

Commissioner McLean explained these are deal points and not an agreement unto itself. During the process, they will see what pieces make the best sense.

Mr. McMillan said he understands the next step would be for the County Manager to set up a policy-level discussion group.

Commissioner Dallari asked if Ms. Coto had discussions with the St. Johns River Water Management District on the $7.5 million they had earmarked for a grant to the County.

Ms. Coto stated she had not had any direct discussions with them, but she and Mr. McMillan have talked about the grant. She thinks their response would be that they would ensure that nothing occurs as part of the negotiations to hinder or cause the County to lose the grant.

Commissioner Dallari said one of his concerns with the grant money is that the St. Johns River Water Management District talked about wanting this to be a regional facility and that was part of the preference for them earmarking the money.

Guy Minter, Deputy County Attorney, addressed the Board to advise the grant was awarded to the County pursuant to specific provisions of the Statute. One of the twelve factors makes reference to a regional-type authority or multi-jurisdictional type system. He has had communications with the Water Management District to ascertain how significant that factor was to them for this grant or any future grants. So far, he has not received an answer from the District.

Mr. McMillan stated the bottom line is if that becomes an issue, he and Ms. Coto will not negate that grant. If it becomes a choice of losing the grant, that will come back to the Board for them to decide what’s more important.

Upon inquiry by Commissioner Dallari, Mr. McMillan said the standards will be developed during the discussions with the partners.

Commissioner Dallari asked what conversations has staff had with Ed Dellaparte (phonetic). Mr. McMillan advised that Mr. Dellaparte is working with staff on the permit, but not on the agreement as he is representing OUC on the agreement.

Mr. McMillan further advised Commissioner Dallari that they are looking at a total of 12 to 18 months to wrap up the agreement.

Ms. Coto explained that staff is presently involved in the 5.5 million gallons per day and that’s where a lot of their attention has been focused. She thinks it will take 12 to 18 months to finalize the agreement. There are 16 individuals who may have 16 different criteria. Staff will have to bring those back and get direction from the BCC. This is a give and take process and she doesn’t think it will happen very quickly, and will take a lot of dialogue.

Mr. McMillan stated a lot of this may depend on how long the permit process takes.

Dr. John Cirello, Environmental Services Director, addressed the Board to advise he met with the water group and they made it clear they would not get involved in the project unless they had some participation in ownership, management and operations. When he assessed the Board’s position, it was clear they did not want to give up ownership, but staff could investigate and pursue whether they could set up some structure for management and operations for the participants. He thinks that is what staff has attempted to do over the past year. He thinks what the Board has before them now is a framework for a wholesale arrangement with customers. As long as it is a wholesale arrangement with the customers, it is his opinion that they have a tremendous hurdle to overcome. He thinks they will have a hurdle with all the participants and with the St. Johns River Water Management District.

Chairman Carey said she thinks a lot of things will unfold over the next six to eight months as they move forward with the discussions. She doesn’t think it’s appropriate to speculate today about what they may need to do. If anyone has any questions about the deal points, now is the time to ask those questions. As things continue to move forward, she thinks it is important that the Board is briefed and if they see they need to move in another direction, they will.

Motion by Commissioner Henley, seconded by Commissioner McLean, to direct the County Manager and County Attorney to move forward with discussions with regard to the Yankee Lake Water Supply System, as presented, and come back to the Board if they think directions need to change.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide was absent.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:12 p.m., this same date.

ATTEST:____________________Clerk____________________Chairman

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