Awards and Presentations

Foreign Wars Post #5405; and the Ladies of VFW #5405 Auxiliary for the Board’s review and said maybe the Commissioners can help them out with this problem.

Chairman Carey stated Commissioner Henley is Chairman of the Lynx Board and the Commissioners will call on him at a later time to have that discussion.

Mr. Sterling expressed thanks to the Board for their time. He presented the check to the Commissioners.

Chairman Carey expressed thanks to Mr. Sterling.

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Chairman Carey recognized the Babe Ruth team from Longwood in attendance today and congratulated them on winning the State championship.

Motion by Commissioner Henley, seconded by Commissioner McLean, to adopt appropriate Resolution #2008-R-187, as shown on page _______, congratulating and recognizing the 9U team of the Longwood Babe Ruth League for being Florida State Champions.

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

Commissioner Henley, along with the full Board, presented the Resolution to the Coaches, Manager and Babe Ruth team members.

Chairman Carey expressed thanks to them for attending this morning.

County Manager's Consent Agenda

Ms. Coto reviewed the following revisions to the Consent Agenda: (1) Item #3, 2008 Seminole County Industry Recognition, Nomad Aviation, Inc. has withdrawn it’s name from participation and the Resolution has been amended to reflect that; (2) Item #7, Amendment #5 to RFP-4227-04 (Concession Operation Agreement), had a typo which indicated the price of $2.25 each for Premium Pastry, and that was corrected to $1.25; and (3) Item #24 Resolution, BAR #08-88, has been revised to correct an account number and title.

Commissioner Dallari requested that Items #17, Grant Agreement with the Florida Department of Environmental Protection, and #24, Resolution implementing Budget Amendment Request (BAR #08-88), be pulled for separate discussions.

Chairman Carey requested that Items #12, Waive procurement process and award CC-3220-08, and #31 regarding implementation of the Leisure Services Department’s Scholarship Seminole Program, be pulled for separate discussions.

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Chairman Carey stated in talking with Chief Raw yesterday about the proposal before the Board for award of CC-3220-08, Seminole County Fire Training Tower (Item #12), there was an option for a burn room. She asked Chief Raw to address this with the Board. After further investigation, the staff decided this was not something they needed to include in the contract and this is in the approximate amount of $37,000.

Fire Chief Raw addressed the Board to state in going back and looking through the proposal, there is approximately $37,000 for adding panels in order to have a room they can burn in. She said they have $400,000 to do a proper burn room in two years. This would be strictly Class A fires in this proposal. The concerns with that is they would have to have a very specific burn prescription in order to avoid creating a smoke hazard near the Environmental Center, which will eliminate how much they can burn. Also, they were not sure the Community College would not go with a burn facility. They have progressed very well and they actually began testing in their new burn room last week. In discussions with the College, the County will be able to use their facility for the amount of time they need to, using the live burn, and staff should not have any scheduling issues. She feels they should not spend the $37,000 if they don’t have to. In two years, if the funds are still allocated to them, and the Board determines if they still need a facility, they can do that at that time.

Chairman Carey stated the appropriate documents will be removed and Item #12 will be amended to reflect this change.

Ms. Coto stated her understanding is the Board has to award the bid as it is on the agenda.

Ray Hooper, Purchasing Manager, addressed the Board to state if the Board can allow staff to make the changes, they can probably bring this item back this afternoon. If the Board awards the contract as is, the vendor has stated he will accept the changes immediately afterwards. Otherwise, the Board would have to amend the contract. Discussion ensued.

Chairman Carey asked Mr. McMillan to clear this up for this afternoon’s meeting for a separate vote.

Frank Raymond, Facilities Manager, addressed the Board to discuss on the inclusion list, there are certain things that are not a cost to the County. There are certain items that will be done by another contracting company, but he does not have the list of costs on them. He said he could get that information to the Board, hopefully, by this afternoon.

Commissioner Dallari asked Ms. Raw if the SCC burn facility will be adequate and she said yes, it would be. The discussion she has had is that SCC will open that up for outside use, so the County will be able to use it and staff will continue to look, as well, for live burn opportunities.

Chairman Carey stated Item #12 is removed from the Consent Agenda until this afternoon’s meeting.

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Commissioner Dallari asked, regarding Item #17, if staff could discuss the picnic pavilion; how big it is and where it is going.

Bryan Nipe, Parks and Recreation, addressed the Board to show a picture (not received and filed) and explain where the proposed pavilion at Wilson’s Landing is to go on the site.

Commissioner Dallari said he has noticed there are quite a number of issues with vultures and the shingle-roofed house. He asked why not put the pavilion on the existing slab instead of keeping the house there.

Mr. Nipe said he doesn’t know why they have not had discussions to do something with the building. Staff does not now have a plan with the building on it. He said he would be happy to come back with a plan for the entire site if that pleases the Board.

Commissioner Henley asked how much the slab is going to cost versus putting the pavilion on the slab where the old building is located.

Mr. Nipe said $69,520 is the cost for the pavilion, and the slab is only a 20’ x 20’.

Chairman Carey stated the house is about 3,000 s.f. She said there are wildlife personnel who can use things to keep the vultures away.

Commissioner Henley asked about the cost for upkeep.

Mr. Nipe stated the building is not inhabited so it is not kept up to County standards. Staff maintains the landscaping around the building and if something happens, staff will do the upkeep only to minimum standards.

Chairman Carey said the County has had several requests for people to occupy the building and this would cut into the costs. Hopefully, staff can come up with some ideas and bring those back to the Board at another time.

Commissioner Dallari said he had the idea of putting the pavilion where the house is.

Chairman Carey stated she is not sure if they tear the house down, they can put something where it is because of it’s location near the river.

Mr. Nipe said the slab can be used for part of the structure, but they probably could not permit it for something of that size being that close to the river. They can probably use the slab where it is.

Commissioner McLean said, perhaps, the Board may be open to examine all the options and see what the costs are and see what can be done.

Chairman Carey said the agenda item is to accept the grant. Staff can come back at a later date and the Board can discuss the options.

Mr. Nipe stated he believes they have two years to go forward with the grant, and the location of the pavilion is not part of the grant itself.

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Commissioner Dallari advised Chairman Carey that his question regarding Item #24 was addressed during the discussion of Item #17.

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Chairman Carey stated she had a couple comments for Mr. Abel regarding Item #31, implementation of the Leisure Services Department’s Scholarship Seminole Program, and she would like to share those with the Board. One is that this program is not tax deductible. Secondly, she thinks out of the standard fee, some percentage of that should go towards funding the scholarship program. Also, the documentation states if someone wanted to pay their reduced rate by volunteering their time, they are allowed to do that, but the documents state with assistance of their immediate family. She would like that to say family and friends. She thinks they would be excluding people that might be willing to help if they exclude it to just the immediate family.

Commissioner McLean said he thinks the idea of having some percentage of the fee going back into the program is a good one.

Joe Abel, Leisure Services Director, addressed the Board to state in order to accomplish the concept of putting a percentage of the gross revenue into the fund, he would think they would want to build that fee into the program amount. He said they are looking at going to a direct cost rather than indirect cost. This is so all the participants would be paying the 5% into the fund.

Commissioner McLean said if they start getting into different situations where they are not being consistent, they will be defeating the purpose.

Mr. Abel said if they try to just take 5% out now, it would show a deficit affect on the program fees.

Commissioner McLean said he thinks Mr. Abel’s volunteer service concept is a good idea. He stated he also agrees with Chairman Carey to include friends who want to help. He expressed “kudos” to Mr. Abel on this brilliant idea.

Commissioner Henley said he has some concerns on this. He stated taxes have provided these facilities. Now, they are talking about setting fees so 5% would go towards helping somebody else. He is not sure that is the way to go on this. He discussed that according to the program, if a student doesn’t maintain a “C” average, he can’t be helped. Commissioner Henley said that bothers him. He thinks they need to do what they can to keep young people involved in good activities. The students have that incentive to make the grades in public and private schools. He would hate to see a student frozen out completely.

Chairman Carey said that is a very good point and they may want to look at changing that.

Commissioner Dallari agreed with Commissioner Henley. He said the “C” average issue does cause some concern and he sees isolating a child as a potential problem and that needs to be addressed. He doesn’t think that needs to be in the program at all.

Chairman Carey said many who will need this program the most will be the ones struggling with their grades.

Commissioner McLean said looking at the other side of that, he doesn’t know how many students they would be talking about that would be under that standard. There may be a situation where, if they do a good job of promoting what the standards are, it would give the students the opportunity to strive to that level. If they promote it well and if the students understand what the standards are, perhaps they would have a better opportunity to have them strive towards the standard.

Chairman Carey said as they go forward with the program, she thinks having that information, knowing what the last grade average was, would be important.

Commissioner Van Der Weide said he thinks any time you use taxpayer money, you have a right to participate. He would have a real problem that the students would have some sort of hoops to go through because everybody is not able to jump that high. He said he would be very careful with that.

Chairman Carey suggested that, unless somebody in the private sector is going to step up and fund this in the beginning, there won’t be scholarship opportunities because there won’t be funds available. She did not suggest they add it into the fee, but that they take it out of the direct cost and the County funds it for the opportunity for the less fortunate.

Commissioner Henley said he thought this was to promote participation for the youngsters as well as businesses who want to sponsor. He asked what is the criteria, or is it “first come, first serve.”

Mr. Abel explained the criteria. He said their goal is not to turn students away from the scholarship opportunity, but to make sure they are not getting into a deficit situation where all are scholarship participants and they are only collecting 50% of the cost. He thinks they have set the parameter of 50% participation.

Mr. Abel explained how staff will determine who will get the scholarship and who will not. He said they have the income thresholds to look at first. He also said they don’t have as many scholarship opportunities as they think. Staff has tried to develop a very solid approach. Their first step needs to be getting out to the community to get some donors for the program. He said it tends to be difficult sometimes to give away scholarships. A lot of people will not step up and ask for it and take advantage of it.

Chairman Carey said she thinks they can easily eliminate the grade criteria and change “immediate family” to “family and friends.” They can use a percentage of the funds to fund the scholarship program, especially the first year.

Commissioner Henley said he supports the two items the Chairman just addressed.

Chairman Carey said it might be easier for Mr. Abel to come back, and he can run some numbers. She said, for example, she doesn’t know how may people he has in the program now. She will continue this until the next meeting and give the Board and staff time to work out the details with eliminating the grade criteria and making the change to “family and friends”; and they can talk about the funding to look at a percentage. It might be 1% or 2%.

Commissioner McLean said to also look at the length of the commitment.

Chairman Carey said, also, they can have further discussion about mentioning a 5013c so that can be put in for the benefit of private organizations.

Mr. McMillan stated he doesn’t think they need the 5013c if people just need a deductible. He believes the County has set up before, by ordinance, a trust account so any donated money was not going into the General Fund, but designated into a special account. He thinks that is deductible, but he will verify that.

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

County Manager's Office

2. Adoption of appropriate Resolution #2008-R-186, as shown on page _______, recognizing Florida's forestry community for their commitment to protect Florida's wetlands and water resources.

3. Adoption of appropriate Resolution #2008-R-183, as shown on page _______, acknowledging the recipients of the 2008 Seminole County Industry-Recognition Award; to be presented at the "2008 Industry Recognition Luncheon being held on September 19, 2008; and Resolutions #2008-R-184, as shown on page ________, recognizing the individual companies as follows: CFE Federal Credit Union; I-Trade FX, LLC; Market Traders Institute; Digital Juice; Olde Hearth Bread Company; and Roses Southeast Papers.

4. Adoption of appropriate Resolution #2008-R-185, as shown on page _______, recognizing the Department of Administrative Services, Division of Purchasing and Contracts, for being the recipient of the Achievement of Excellence in Procurement award.

Administrative Services

Facilities Maintenance

5. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the Seminole County Health Department for renovation services. Total project amount is $950,000.00 to be reimbursed by the State.

Purchasing and Contracts

6. Award IFB-600325-08/GMG, as shown on page _______, Term Contract for Roadway Markings, Striping and Brick Texture Surfacing to Fausnight Stripe & Line, Inc., Longwood (estimated $1M per year).

7. Approve Amendment #5, as shown on page _______, to RFP-4227-04/GMG, Concession Operation Agreement; Snacks, Beverages, Hot/Cold Vending Services for County Services Building, Courthouse and Criminal Justice Center Locations, with Snack Time Vending, Inc., Longwood (Revenue Contract), with revised Exhibit B, Price Sheet.

8. Approve the Proprietary Procurement for the purchase, installation and maintenance of AT&T Positron Viper System and Power 911 Intelligent Workstations with Power Map, Power MIS, E-Printer (5 PSAP Systems) and authorize staff to issue a Purchase Order, as shown on page _______, to AT&T Southeast, Inc., Orlando. (Grant $1,694,702.56) (County $242,926.09).

9. Approve the negotiated rates and award PS-2774-08/JVP, as shown on page _______, Continuous Construction Engineering and Inspection Services Agreement for Bunnell/Eden Park Road, with Keith & Schnars, Inc. of Orlando, Florida. (Estimated usage of $1,500,000.00 over the term of the agreement.)

10. Approve the negotiated rates and award PS-3018-08/JVP, as shown on page _______, Continuous Construction Engineering and Inspection Services Agreement for Midway Regional Stormwater Facility, with Dyer, Riddle, Mills and Precourt Inc., Orlando, Florida. (Estimated usage amount of $490,000.00 over the term of the agreement.)

11. Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to Agreement for RFP-2251A-07/VFT with the Center for Affordable Housing, and Corinthian Builders, Inc., both of Sanford, Florida, to increase the number of single-family homes by five units; increase the total not-to-exceed amount by $575,000.00 for home acquisition and rehabilitation; increase the total not-to-exceed amount by $100,000.00 for the Developer's Fee; extend the Agreement term through June 30, 2009; and reduce the Developer's Fee for the additional five units to $20,000.00 per unit.

Support Services

13. Approve and authorize the Chairman to execute First Renewal, as shown on page _______, to the Oak Groves Shoppes Lease with MSKP Oak Grove, LLC.

14. Approve and authorize the Chairman to execute Renewal, as shown on page _______, to 25th Street (SR 46A) MVI Lease with Ahoy Marine, Inc.

15. Approve and authorize the Chairman to execute the Sixth Amendment, as shown on page _______, to the Reflections Tower and Front Space Lease with Reflections of Seminole County, LLC.

Environmental Services

Business Office

16. Approve and authorize the Chairman to execute the Assignment and Amendment, as shown on page _______, of Conditional Utility Agreements for Potable and Reclaimed Water and Sewer Services for the project known as Terracina at Lake Forest.

Fiscal Services

Administration

17. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Department of Environmental Protection in acceptance of $76,281.00 in funds through their Florida Recreation Development Assistance Program (FRDAP) grant program for improvements to Wilson's Landing.

18. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Department of Environmental Protection in acceptance of $135,611.00 in funds through their Florida Recreation Development Assistance Program (FRDAP) grant program for improvements to Jetta Point Park.

19. Approve and authorize the Chairman to execute an Amendment, as shown on page _______, to the Hazard Mitigation Wind Retrofit Grant Agreement for the purpose of termination.

20. Approve to submit grant applications to Workforce Central Florida requesting up to $50,000.00 in reimbursement funds for employee training and/or certification programs, and authorize the County Manager to execute supporting documents.

Budget

21. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-188, as shown on page _______, implementing Budget Amendment Request (BAR) #08-54 through the General Fund in the amount of $950,000.00 for the renovation of the Seminole County Health Department with offsetting reimbursement from the State.

22. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-189, as shown on page _______, implementing Budget Amendment Request (BAR) #08-67A through the Self-Insurance and General Funds in the amount of $400,000.00 to properly account for the rebuilding of the Midway Community Center.

23. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-190, as shown on page ________, implementing Budget Amendment Request (BAR) #08-87 through the 2001 Infrastructure Sales Tax Fund in the amount of $1,228,560.00 recognizing the cancellation of certain Public Works capital projects.

24. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-191, as shown on page _______, implementing Budget Amendment Request (BAR) #08-88 through the FRDAP Grant Fund in the amount of $76,281.00 and $25,427.00 through the Natural Lands/Trails Fund to increase funding for the Wilson's Landing FRDAP Grant award.

25. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-192, as shown on page _______, implementing Budget Amendment Request (BAR) #08-89 through the 2001 Infrastructure Sales Tax Fund in the amount of $1,325,000.00 recognizing the reduction in projected costs of certain Public Works capital projects.

26. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-193, as shown on page _______, implementing Budget Amendment Request (BAR) #08-90 through the Public Works Grant Fund in the amount of $50,000.00 recognizing the Local Agency Program Agreement with the Florida Department of Transportation to facilitate the design of audible pavement markings along Osceola Road from State Road 46 to Bee Lane.

27. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-194, as shown on page _______, implementing Budget Amendment Request (BAR) #08-91 through the 2001 Infrastructure Sales Tax Fund in the amount of $190,000.00 recognizing the cancellation of certain Public Works capital projects.

28. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-195, as shown on page _______, implementing Budget Amendment Request (BAR) #08-93 through the FRDAP Grant Fund to allocate a new award for $135,611.00.

MSBU

29. Approve and authorize the Chairman to execute the First Amendment to Lease Agreement and Grant of Temporary Easement documents, as shown on page _______, required in support of the Charter Oaks/Tamarak MSBU for the following: Harold D. and Sandra L. Pool; Martin J. Dembosz; Jim and Kathleen W. Schmidt; and Paul F. and Cynthia S. Schlichting.

30. Approve and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______, for which the final Genova Drive Water Service MSBU assessment payment has been received for Parcel 05-21-32-301-001G-0000; owner, Mary Ellen Troilo.

Leisure Services

Streetscapes and Trails

32. Authorize the Chairman to execute the Mutual Termination of Interlocal Agreement, as shown on page _______, for Landscape and Irrigation Maintenance with the City of Casselberry for Seminola Boulevard from U.S. Highway 17-92 to Lake Drive.

33. Authorize the Chairman to execute the Mutual Termination of Interlocal Agreement, as shown on page _______, for Landscape and Irrigation Maintenance with the City of Longwood for County Road 427 (Ronald Reagan Boulevard) from North Street to General Hutchinson Parkway.

34. Authorize the Chairman to execute the Mutual Termination of Interlocal Agreement, as shown on page _______, for Right-of-Way and Median Maintenance with the City of Oviedo for County Road 419 and County Road 426 within the City corporate limits.

Library Services

Administration

35. Approve and authorize the Chairman to execute the State Aid to Libraries Grant Agreement, as shown on page _______, between the Florida Division of Library and Information Services and Seminole County in anticipated acceptance of monies in State Aid to Library funds for library-related operating expenses.

Planning and Development

Building and Fire

36. Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-196, as shown on page _______, renaming Second Street to Flying Hawk Cove.

Development Review

37. Authorize the release of the Paving and Drainage Improvements Maintenance and Escrow Agreement and the Paving and Drainage Improvements Cash Maintenance Bond in the amount of $1,303.75 for the Slone Retail Center road improvements.

38. Authorize the release of the Private Road Maintenance Agreement and Irrevocable Letter of Credit #FGAC-05213 in the amount of $111,543.02 for the Estates at Wekiva Park, Phase II road improvements.

Planning

39. Approve the Satisfaction of Lien in the amount of $3,750.00, Case No. 07-51-CEB, on property located at 710 Tropical Avenue, Oviedo, Tax Parcel #21-21-32-5CF-5800-0030, previously owned by Corey S. Johns and currently owned by Wells Fargo Bank, and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.

40. Approve the Satisfaction of Lien in the amount of $478.73, Case No. 98-45-CEB, on property located at 128 Leon Street, Altamonte Springs, Tax Parcel #18-21-30-507-0000-0320, owned by Horns and Nancy Mack, and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.

Public Safety

Administration

41. Authorization from the Board to schedule and advertise a public hearing deleting Chapter 85 of the Seminole County Code, "Fire Prevention and Protection," in its entirety and enacting a new Chapter 85, "Seminole County Fire Safety Code,” and adding a new Section 85.18 of the Seminole County Code, “Fire Alarm Control Ordinance.”

Animal Services

42. Approve and authorize the Chairman to execute the Mobile Spay/Neuter Services Agreement, as shown on page _______, between the Society for the Prevention of Cruelty to Animals of Central Florida, Inc. (SPCA) and Seminole County.

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

County Attorney's Consent Agenda

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

County Attorney's Office

Property Acquisition

43. Adopt appropriate First Supplemental Resolution of Necessity #2008-R-197, as shown on page _______, relating to Chapman Road (from State Road 426 to State Road 434).

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

Constitutional Officers’ Consent Agenda

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

Clerk's Office

44. Approval of Expenditure Approval Lists, as shown on page _______, dated July 7, 14 & 21, 2008; and Payroll Approval List, as shown on page _______, dated July 10, 2008; and noting, for information only, the following Clerk's received and filed:

1. Merger and Name Change Endorsement, as shown on page _______, from Jefferson Pilot Financial Insurance Co. to The Lincoln National Life Insurance Co.

2. Cash Maintenance Bonds, as shown on page _______, with Escrow Agreements for the projects known as Office/Warehouse Expansion Briar Corp. ($1,082.26), and Wekiva Springs PCD ($300).

3. Title Opinions, as shown on page _______, for Terracina at Lake Forest Phase I Replat and Clayton Crossing Townhomes Second Amendment.

4. Title Opinion, as shown on page _______, for Devon Green Phase IV.

5. Maintenance Bond, as shown on page _______, for the project known as Terracina at Lake Forest in the amount of $42,430.55.

6. Cash Maintenance Bonds, as shown on page _______, with Escrow Agreements for the projects known as Monroe Road Development ($1,469.93), and Lot 3 Sunshadow Comm. Dev. ($2,988.45).

7. Maintenance Agreement with Letter of Credit, as shown on page _______, for the project known as Brooks Landing in the amount of $16,643.66.

8. Work Order #100, as shown on page _______, to PS-5165-04.

9. Amendment #1, as shown on page _______, to Work Order #59 to PS-5120-02.

10. M-3682-08 Agreement, as shown on page _______, with Bowyer Singleton & Associates, Inc.

11. M-3239-08 Agreement, as shown on page _______, with Vanasse Hangen Brustlin, Inc.

12. Change Order #3, as shown on page _______, to DB-0577-06.

13. Florida Dept. of Environmental Protection Recreational Trails Program Grant Agreement, as shown on page _______, approved by the BCC on March 25, 2008.

14. M-3569-08 Agreement, as shown on page _______, with Extech, LLC.

15. Modification, as shown on page _______, to Grant Agreement for Annual Maintenance of Mutual Aide Radio Cache (MARC) Units, Dept. of Financial Services, Division of State Fire Marshal, approved by the BCC on April 22, 2008.

16. Change Order #6, as shown on page _______, to CC-2143-07.

17. Work Order #32, as shown on page _______, to PS-1074-06.

18. Amendment #1, as shown on page _______, to Work Order #21 to PS-5190-05.

19. Change Order #1, as shown on page _______, to Work Order #4 to CC-2183-07.

20. Second Amendment, as shown on page _______, to IFB-600160-07.

21. Amendment #1, as shown on page _______, to Work Order #48 to PS-5120-02.

22. Fifth Amendment, as shown on page _______, to RFP-600094-06.

23. Notice of Commission Service Hearings to Aqua Utilities, Inc., The Office of Public Counsel and All Other Interested Persons relating to Docket #080121-WS.

24. Amendment #1, as shown on page _______, to Work Order #55 to RFP-4214-04.

25. Work Order #60, as shown on page _______, to RFP-4214-04.

26. Head Tennis Pro Agreement, as shown on page _______, with Mark Pachtner.

27. Amendment #1, as shown on page _______, to Work Order #5 to M-401-03.

28. Change Order #2, as shown on page _______, to Work Order #3 to CC-1075-06.

29. Change Order #2, as shown on page _______, to Work Order #2 to CC-1075-06.

30. Closeout, as shown on page _______, for CC-2116-07.

31. Recording of Plats, as shown on page _______, for Reserve at Alaqua Country Club and Savannah Park.

32. Litigation Consultant Services Agreement, as shown on page _______, with Earth Tech Consulting, Inc.

33. First Amendment, as shown on page _______, to IFB-600404-08.

34. IFB-600319-08 Contracts, as shown on page _______, with Ferguson Waterworks and Sunstate Meter & Supply.

35. Closeout, as shown on page _______, for Work Order #12 to CC-1075-06.

36. Work Order #81, as shown on page _______, to PS-5150-03.

37. Bill of Sale, as shown on page _______, accepting Potable and Reclaimed Water and Sewer systems for the project known as Devon Green IV.

38. Amendments, as shown on page _______, to the Conditional Utility Agreements for Water and Sewer Service with Shoppes of Oviedo Marketplace, LLC. Parcel 16.

39. Closeout, as shown on page _______, for CC-2143-07.

40. Work Order #36, as shown on page _______, to PS-1529-06.

41. Memorandum to Sandy McCann, Commission Records, from Liz Parkhurst, Planning & Development, re: P&D Outstanding Documents.

42. First Amendment, as shown on page _______, to IFB-3117-05.

43. Fifth Amendment, as shown on page _______, to RFP-4217-04.

44. Work Order #37, as shown on page _______, to PS-5174-04.

45. Change Order #1, as shown on page _______, to CC-27002-07.

46. Closeout, as shown on page _______, for CC-1472A-07.

47. Tennis Development Instructor Agreement, as shown on page _______, with Tim Walsh.

48. Work Order #62, as shown on page _______, to CC-1267-05.

49. Amendment #1, as shown on page _______, to Work Order #3 to PS-5107-01.

50. Amendment #1, as shown on page _______, to Work Order #10 to RFP-4240-05.

51. Assistant and Associate Tennis Pro Agreement, as shown on page _______, with Peter Mainelli.

52. Memorandum to Liz Parkhurst, Planning & Development, from Sandy McCann, Commission Records, re: P&D Documents.

53. Joint Participation Agreement, as shown on page _______, with Florida Department of Transportation for intersection improvements on SR 436 at Ronald Reagan Blvd. (CR 427), as approved by the BCC on March 25, 2008.

54. Performance Bond #5033167, as shown on page _______, in the amount of $25,782 for the project known as Banyan Pointe.

55. Development Order #07-20000008, as shown on page _______, for E. Semoran Blvd./Snowball Dental Lab Rezone approved by the BCC on October 9, 2007.

56. Bills of Sale, as shown on page _______, for the projects known as Wekiva Springs Plaza PCD and Office/Warehouse Expansion (Briar Corp.).

57. Satisfactions, as shown on page _______, of Connection Fees for the projects known as Walgreens at Palm Valley-Dikeou Realty and Lake Mary Village Out Parcel-Woolbright Lake Mary Village Center.

58. Bills of Sale, as shown on page _______, for the projects known as Terracina at Lake Forest PH 1 and Monroe Road Development.

59. Bids for CC-3458-08.

Sheriff’s Office

45. Approval for the Sheriff’s Office to execute and submit a grant application to the U.S. Department of Justice, Office of Justice Assistance, and authorize the Sheriff to sign future documents relating to the 2008 Edward Byrne Memorial Justice Assistance Grant program.

Supervisor of Elections

46. Approve and authorize the Chairman to execute the Certificate Regarding Matching Funds for the amount of $10,063.56, as shown on page _______, contained within the Memorandum of Agreement, as shown on page _______, between the Florida Department of State and the Seminole County Supervisor of Elections; and adopt appropriate Budget Amendment Resolution #2008-R-198 (BAR #08-92), as shown on page _______, in the amount of $67,090 for grant proceeds.

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

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The Chairman recessed the meeting at 10:18 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with Clerk of Court Maryanne Morse being absent, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, 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 into the Official Record.

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

PUBLIC HEARINGS

2008 NON-AD VALOREM ASSESSMENT ROLL

Proof of publication, as shown on page ________, calling for a public hearing to consider a Resolution and Certificate adopting the 2008 Non-Ad Valorem Assessment Roll, received and filed.

Kathy Moore, Fiscal Services, addressed the Board to state the proposed assessment role represents approximately $14.6 million in special assessments, and over 68,000 properties in the unincorporated area benefit from the services and improvements that are provided through the assessment. Assessment rates for the districts were approved by the Board on July 22, 2008, and the collection of the non-ad valorem assessments is conducted according to the uniform method of collection. The following two street lighting MSBU’s have experienced equipment changes and they consist of Eagles Landing - $105 annual assessment, and Deer Run Phase I reflecting a $135 annual assessment.

No one spoke in support or in opposition.

Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2008-R-199 and Certificate, as shown on page _________, adopting the 2008 Non-Ad Valorem Assessment Roll, as described in the proof of publication.

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

LAKE MYRTLE MSBU ASSESSMENTS

Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt a Resolution establishing final assessments for the Lake Myrtle Restoration Municipal Services Benefit Unit, received and filed.

Kathy Moore, Fiscal Services, presented the request as outlined in the Agenda Memorandum. She stated the total cost for the project is $95,300. She reviewed the terms of financing.

Chairman Carey advised staff has submitted a revised resolution (received and filed) showing revisions to the installment payment and the total amount if paid in a single payment.

No one spoke in support or in opposition.

Motion by Commissioner Henley, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-200, as shown on page _________, establishing final assessments for the Lake Myrtle Restoration Municipal Services Benefit Unit, as described in the proof of publication, as revised.

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

BROWNFIELD AREA DESIGNATION

Proof of publication, as shown on page ________, calling for a public hearing to consider Resolution designating property, located at 2290 East SR 46, owned by Seminole County School Board, as a Brownfield Area for the purpose of environmental rehabilitation and job creation, received and filed.

John Metsopoulos, Planning & Development, addressed the Board to present the request. He stated this is a site located on SR 46 and the School Board purchased it to construct an elementary school and possibly a middle school in the future. The School Board has contracted with Nodarse Consultants to clean up the property and they are requesting a Brownfield designation in order to recoup up to 75% of the cost of clean up the property through the State Brownfield program.

No one spoke in support or in opposition.

District Commissioner Carey recommended approval of the request.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-201, as shown on page __________, designating property, located at 2290 East SR 46, owned by Seminole County School Board, as a Brownfield Area for the purpose of environmental rehabilitation and job creation, as described in the proof of publication.

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

BOA APPEAL/Louis Morgan

Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision for a special exception on a mobile home located at 1212 Stone Street, Louis Morgan, received and filed.

Chairman Carey stated the property owner has neglected to properly post the required placard and staff is requesting that this item be continued to August 26.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to continue to August 26, 2008, at 1:30 p.m., or as soon thereafter as possible, request to consider an Appeal of the Board of Adjustment’s decision for a special exception on a mobile home located at 1212 Stone Street, as described in the proof of publication, Louis Morgan.

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

SMALL SCALE LAND USE AMENDMENT/

REZONE/Jack Reynolds

Proof of publication, as shown on page ________, calling for a public hearing to consider request for a Small Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD); and Rezone from R-1 (Single Family Dwelling) to PCD (Planned Unit Development), on approximately 2.4 acres, located on the west side of the intersection of Kennedy Point and Sixth Street, and Preliminary Site Plan and Development Order, Jack Reynolds, received and filed.

Ian Sikonia, Planning, addressed the Board to state the applicant is requesting the proposed amendment and rezone in order to develop a 35,000 square foot manufacturing warehouse. This will allow all permitted uses in the M-1A zoning district with the allowance of outdoor storage which is properly screened from view. The applicant was granted a right-of-way vacation for a portion of Sixth Street and Avenue C on May 20, 2008. The area on the south side of CR 426 has a mixture of single-family residential homes with developed and vacant industrial sites. The industrial zoning to the east was approved in 1989 and has developed into the off-broadway industrial park. The subject property is a transitional parcel between the Low Density Residential Future Land Use to the north and west, and Industrial Land Use to the east. The applicant is proposing numerous enhancements to mitigate the impact of the development such as establishing significant buffers with additional landscaping, orienting the building away from the residential neighborhood, and utilizing some LEED environmental commitments. The applicant has positioned the warehouse building so that it faces the existing industrial park and the only access is through the existing industrial park entrance road. The building will be buffered from the single-family neighborhood by a minimum 25 ft. buffer containing four canopy trees and eight understory trees per 100 linear feet, and a large retention pond to the north. The west side of the building will remain passive and the 25 ft. buffer will include a 6 ft. tall PVC fence with eight canopy trees per 100 linear feet. The development is also providing some environmental commitments, such as parking spaces for hybrid cars, energy-efficient mechanical equipment with the highest SEER rating, building insulation will have maximum R-valve, all glazing will be tinted, and a bike rack. The site will create an additional employment center for an area which has been established as an industrial park. The proposed use allows for a mixture of compatible low-density residential and non-residential uses in the area. He stated staff has one letter in opposition and one letter (received and filed) in support of the south buffer requirements. The Planning & Zoning Commission recommended approval of the request with a condition of limiting the hours of operation for the development from 6 a.m. to 8 p.m. He added that staff recommends approval, subject to the conditions outlined in the development order.

Upon inquiry by Chairman Carey, Mr. Sikonia advised the passive setback requirement is 25 ft., and the passive buffer is 15 ft. containing a 6 ft. masonry wall and 4 canopy trees per 100 linear feet. He stated staff is requiring 8 canopy trees per 100 linear feet on the west side, and instead of a masonry wall, the applicant is requesting a PVC fence.

Commissioner Henley stated 6^th Street gives them a clear break between the industrial and residential and he feels that is an encroachment into the residential area. Now staff is asking for some exceptions on conditions and he is not comfortable with that. He said he would like to see industrial stopped at Sixth Street.

Chairman Carey stated she didn’t have a problem with the site as she feels it will be oriented towards Sixth Street. He stated the problem she has is the applicant wouldn’t be required to build a masonry wall or brick fence for the separation.

Commissioner Dallari stated he would have to agree with the Commissioners on the PVC fence as well.

Dave Axel, Axel Real Estate, addressed the Board to state he concurs with staff recommendations and the hours of operation recommended by the Planning & Zoning (P&Z) Commission. He stated he is requesting that one modification be made. Subsequent to the P&Z meeting, they conducted a tree survey of the north boundary as they knew there were a number of mature canopy trees in that area. He displayed a site plan (received and filed) and indicated the number of trees on the north end of the west side of the retention pond. He said what they looked at was to try to preserve mature canopy trees to diminish impact to the neighbors. He stated the problem that they ran into, subsequent to the survey, was if they attempted to do that with the current plan, they would not be able to have the required maintenance berm around the retention pond. What they would like to do is revise the setback, buffers, and planning requirements in which, the trees planted on the south, one row of them would end up as preserve trees on the north. He read the proposed language: “There will be no change to the west building setback and buffer on the north.” They are proposing to change the following: 100 ft. building setback to 110 ft., the 25 ft. passive buffer to 35 ft., and the 40 ft. setback to 30 ft. to the south. They have exceeded the 25 ft. buffer and he would suggest going to 30 ft. as that would give one row of trees north of Oviedo’s sewer line. On the tree planting requirements, he is proposing to change the north canopy tree requirement from 4 trees per 100 linear feet to 8 trees, and change the south canopy tree requirement from 8 trees to 4 trees. He has a letter of support from an owner on the south side regarding this use.

Chairman Carey clarified that the applicant wants to take half the trees from the south and plant them on the north.

Mr. Axel displayed a drawing (received and filed) showing what this would look like with the retaining canopy trees. He stated there were two reasons for the PVC fencing but they will rely on the pleasure of the Board. There are a number of existing trees along the west boundary and constructing masonry walls with present wind load requirements typically involves having to excavate and do a footer, which results in the destruction of whatever existing plantings are there, whereas a PVC fence doesn’t. He said he understands everyone’s concerns about PVC fences. The underlying user of this property is a fence company and he can assure the Board that they will be putting up a quality fence.

Chairman Carey stated if a footer is a problem, they can put up a precast wall.

Upon inquiry by Commissioner McLean, Mr. Axel advised they have had discussions with residents prior to the P&Z meeting. He stated they added buffers in excess of what the active and passive buffer requirements were prior to that meeting. There were some discussions subsequent to that meeting, but there have been no additional discussions. He added they had explored, by doing this tree survey, a way to further buffer the area where the neighbors had the most concerns. The residents have not seen the additional buffer development as it was just completed yesterday. The idea of decreasing the south buffer and increasing the north buffer was discussed with the two residents in opposition.

No one spoke in support or in opposition.

District Commissioner McLean stated he has visited the site and he feels the character of the area has changed enough to warrant the land use change. He further stated he feels the buffers have exceeded the requirements and he is comfortable with the revisions of trying to save the canopy trees. He said he would feel more comfortable with a masonry wall as opposed to PVC fencing. He said he is glad to hear that the applicant is in agreement with the hours of operation.

Motion by Commissioner McLean, seconded by Commissioner Henley to adopt Ordinance #2008-38, as shown on page ________, approving the Small Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD); adopt Ordinance #2008-39, as shown on page ________, approving the Rezone from R-1 (Single Family Dwelling) to PCD (Planned Unit Development), on approximately 2.4 acres, located on the west side of the intersection of Kennedy Point and Sixth Street, and Preliminary Site Plan and Development Order, as shown on page ________, as described in the proof of publication, Jack Reynolds, based on staff findings, including P&Z recommendations and the revisions Mr. Axel has brought forth this afternoon.

Under discussion, Chairman Carey clarified the development order would need to be modified to move those trees and any reference to PVC would be changed back to masonry.

Tina Williamson, Assistant Planning Manager, addressed the Board to state she would like clarification whether the Board would like a berm along the north property line in lieu of a masonry wall.

Commissioner McLean stated the additional plantings and buffering will cover that area.

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

CONSENT AGENDA (Continued)

Ms. Coto submitted a revision to Item #12, Award CC-3220-08, construction contract for the Seminole County Fire Training Tower. She stated the first page shows a revised amount of $980,907. Staff has submitted an amended agreement (received and filed) that was prepared by the County Attorney. The last page shows a strike-through where they deleted the burn room and the revised amount is $980,907. She said with regard to outlaying dollars associated for this project, there are three cost areas: County permits at $6,000, soil and material test at $3,000 and painting of handrails and stairs for $9,000, for a total of $18,000.

Frank Raymond, Administrative Services Director, addressed the Board to explain for Chairman Carey why the contractor would be painting the building and not the handrail.

Chief Luanne Raw explained for Commissioner Henley what the fee would be for using the community college.

Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize waiving the procurement process for non-GSA services, and award CC-3220-08 Seminole County Fire Training Tower in the amount of $980,907 to WHP Trainingtowers of Overland Park, Kansas, for all labor, material, equipment, transportation, coordination and incidentals necessary for supply, delivery and erection of a 5-story tower for the Seminole County Fire Training Facility located at 201 Valentine Way.

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

CHAIRMAN’S REPORT

Chairman Carey stated Congressman Mica had a press conference yesterday and the Federal Government has agreed to pay for the final design phase of commuter rail. She said she is excited about that moving forward and, hopefully, the Legislature will be able to resolve the liability language before I-4 goes under construction.

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Chairman Carey stated she received some correspondence from the U.S. Board on Geographic Names and they have had a request to correct the national maps to change the name of Wekiva Springs to Wekiwa Springs. She stated she spoke to Warren Poplin, Manager at Wekiva State Park, about taking this up with the Department of Environmental Protection. Mr. Poplin indicated that DEP supports the name change. She said she has not drafted a letter pending feedback from Orange County and the Friends of Wekiva.

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Chairman Carey stated her office received a tremendous amount of information relating to fluoride in the water. The Department of Environmental Services is proposing $100,000. She said she has had discussions with Dr. Kaldman, American Dental Association, and Mr. Mike Napier, Seminole County Health Dept., and there are a lot of pros and cons both ways. There is grant money available, and Mr. Napier informed Dr. Cirello that he will work with him in order to get funding they need to continue the process. She stated if it is agreeable with the Board, she would like to direct the County Manager to put the $100,000 back into the budget and acquire the grant money. She recommended that they continue to use fluoride at the water plants where they have been using it.

Upon inquiry by Commissioner Henley, Chairman Carey advised she believes they can obtain confirmation on the grant soon. She said Mr. Napier indicated that grant was just submitted and he is confident that they will be able to get it right away.

Mike Napier, Health Department Director, addressed the Board to advise $50,000 of the $100,000 was for replacement equipment, therefore, there is only $50,000 of recurring costs for supplies. Central Florida is looking at a co-op to be able to purchase the chemical.

Chairman Carey stated if the Board has no objections, she will have the County Manager do that. There were no objections voiced from the Board.

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Commissioner Carey stated she received a memo from David Johnson, Property Appraiser, indicating that his office will be pulling out of the Blue Cross Blue Shield insurance program and will be going back to United Healthcare. She said that will be effective at the end of the year.

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Chairman Carey stated she recently received a plaque from Charles Roberts, UCF Vice President of Development, to honor Seminole County for supporting the School of Medicine. She stated she will be giving it to the County Manager to hang it in an appropriate place.

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Chairman Carey stated a “Keep Seminole Beautiful” clean-up project is scheduled for this Sunday afternoon and they will be targeting the Soldiers Creek area. She stated water and snacks will be provided and those interested can contact Mike Barr, Seminole Soil and Water.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated July 16, 2008 from Mr. Tom Lapins to Chairman Brenda Carey re: Proposed Lynx budget and service cuts.

2. Letter dated July 18, 2008 from Pat Lee, City of Sanford, to Seminole County Board of County Commissioners re: annexation Ordinance 4119.

3. Letter dated June 19, 2008 from Sheriff Donald F. Eslinger to Chairman Brenda Carey re: 2008 Annual MJS Facility Inspection Report John E. Polk Correctional Facility.

4. Copy of letter dated July 21, 2008 from Linda Watson, CEO Lynx, to Cindy Coto re: LYNX' Budget Submittal for FY 08-09.

5. Letter dated July 25, 2008 from Donette Downs, CBS Outdoor, to Commissioner Brenda Carey and Dori DeBord re: voluntary billboard agreement.

6. Letter dated July 25, 2008 from Congressman John Mica to Chairman Brenda Carey re: Mr. Mica's response to idea of enhancing Amtrak services in lieu of Central Florida Commuter Rail project.

7. Letter dated July 27, 2008 from Brian Coleman, DMD, President Dental Society of Greater Orlando, to Seminole County Board of County Commissioners re: fluoridation of water supply.

8. Letter dated July 28, 2008 from Chairman Brenda Carey to Mr. Wink, Statewide 911 Coordinator, re: authorization for point of contact.

9. Memorandum dated July 28, 2008 from David Johnson, Seminole County Property Appraiser, to Seminole County Board of County Commissioners re: Property Appraiser's 2009 Health Insurance Carrier.

10. Letter dated July 29, 2008 from Blanche Sherman, CPA, Lynx Finance Manager, to Commissioner Brenda Carey re: Lynx Quarterly Reports as of March 31, 2008.

11. Letter dated July 30, 2008 from Tax Collector, Ray Valdes to Chairman Brenda Carey re: proposed budget for FY 08-09.

12. Facsimile dated July 30, 2008 from Alcalde and Fay to Cindy Coto re: Progress Report.

13. Letter dated July 31, 2008 from Diane Pickett Culpepper, Bright House Networks, to Chairman Brenda Carey re: programming changes.

14. Letter dated July 31, 2008 from George Lovett, FDOT District 5 Director of Transportation Development, to Chairman Brenda Carey re: Notice of Availability — Addendum to the Finding of No Significant Impact --- Central Florida Commuter Rail project.

15. Letter dated July 31, 2008 from Stephen and Carolyn Smith to Seminole County Board of County Commissioners re: urging of the Diocese of Orlando urging parishioners to support the Northview project.

16. Notice to Abutting Property Owners dated July 31, 2008 from City of Lake Mary to Seminole County Board of County Commissioners re: approval of Home Occupation as Artist at 156 Oak Grove Circle.

17. Letter dated August 1, 2008 from Stephen Miller, Exec. Director, South Seminole and North Orange County Wastewater Transmission Authority, to Chairman Brenda Carey re: Required Notice of proposed bond issue by the Authority.

18. Letter dated August 5, 2008 from Ted Haeussner, DDS, Florida Dental Association, to Chairman Brenda Carey re: fluoridation of public drinking water.

DISTRICT COMMISSIONERS’/COMMITTEE REPORTS

Commissioner Dallari stated he received a letter from the Chuluota Community Association relating to Aqua Utilities. He stated the community has been circulating a petition to see if there is incentive to help the citizens purchase Aqua Utilities. He said he would like staff to check into whether a taxing district can be formed and if so, check into what the cost would be and to see if the citizens would be willing to pay for that.

Upon inquiry by Chairman Carey, Commissioner Dallari advised he would like some research done to see what would be the best avenue to do this.

Chairman Carey said the County has done an evaluation of that plant and they rejected the idea of purchasing it.

Commissioner Dallari stated the County felt at that time that it wasn’t in their best interest to pay for that. The citizens would like to know what the cost would be if they were forming some type of district (MSTU or MSBU) to try to put that assessment on their bill so the County could purchase it.

Chairman Carey asked if the County could use an MSTU or a special taxing district for citizens to own and operate the facility.

Robert McMillan, County Attorney, advised a MSTU or MSBU would be County-owned and operated and it would be funded or taxed back to the residents.

Upon inquiry by Commissioner Henley, Commissioner Dallari advised the intent at this time is to purchase the facility and to bring it up to proper standards. Discussion ensued relating to the city of Oviedo being interested in taking over that plant and if a wholesale agreement could be obtained.

Chairman Carey stated it would make more sense if the citizens could work out a wholesale agreement with the City. Discussion ensued.

Ms. Coto stated when the County purchased some of the systems for Florida water about a year ago, she believes the value of the system was about $2 million. Aqua Utilities paid approximately $6 million.

Commissioner Van Der Weide stated he doesn’t think it would hurt to check into this.

Chairman Carey stated she doesn’t have a problem looking into this, but she has concerns that they are sending a message to the residents that they should stop talking to the city of Oviedo.

Upon inquiry by Commissioner Dallari, Mr. McMillan advised the Board could do a MSTU but they will probably have to have a referendum to bond the revenue. Without going to Aqua Utilities, they can do a magnitude of things if they could get it at $3 million, $6 million, or $8 million.

Commissioner Dallari stated whatever they do, it will have to be for upgrades and purchase.

Commissioner Dallari informed Chairman Carey that Aqua Utilities has 1,500 users.

Mr. McMillan stated the MSTU option is going to be problematic because if they do a 4 mill assessment in this district, then they would be taking away a lot of the tax base. That is not done with a MSBU. A special district option would be independent from the County and have its own function. The numbers are going to be the same whichever option they go with.

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Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to appoint Trish Weldon to the Leisure Services Advisory Committee for a two-year term ending 1/1/10.

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

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Commissioner McLean stated he is glad to hear about Congressman Mica keeping things on track regarding commuter rail. He stated he was able to travel to Tallahassee in the spring to lobby on behalf of the commuter rail system. He said he had the pleasure of taking a private plane to travel to Tallahassee at that time and he understands that for a reimbursement standpoint they must take the cost of what a commercial flight would be. He advised the price of the private plane was $652 and he would like the Board to approve reimbursement for the above expenditure.

Upon inquiry by Chairman Carey, Commissioner McLean stated he does not know what the cost of a commercial flight would have been that day.

Commissioner Dallari stated about a month before Commissioner McLean’s trip, he was notified at the last minute to travel to Tallahassee and he had to get a ticket the day before and the cost was around $600.

Commissioner McLean stated he was in the same boat.

Mr. McMillan stated the Statutes provide that the Board could pay that amount or the cost of a commercial ticket, whichever is less. He stated the Clerk will have to verify the cost of a commercial air ticket.

Chairman Carey stated if a Board member had to be at their destination the next day, they could drive their car to that destination.

Commissioner McLean stated in this particular case he had to be there by 9:00 a.m.

Motion by Commissioner Henley, seconded by Commissioner Dallari to authorize reimbursement for Commissioner McLean’s travel to Tallahassee in the spring by private plane according to commercial rate or whichever is less.

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

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Commissioner McLean advised the city of Lake Mary’s Historical Commission is doing a video history from 1970 to the present and they have asked him to be involved in it. He stated when the production is done, he will be glad to bring that back to the Board to review.

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Commissioner McLean stated a couple of weeks ago, he went to a grand opening of a unique business called Rebounders. He said this business deals with trampolines and he was asked to participate and it was a lot of fun. He said Commissioner Henley attended the grand opening as well and it has been well-received in the community.

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Commissioner McLean stated he returned from vacation in Ireland and he had the chance to visit their Sister County (Wicklow County). He advised that Tony O’Nell did a great job of showing him around. Wicklow County is in the mist of restoring a historical building by building it into a business college and they are using a lot of principles of SCC.

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Commissioner Van Der Weide stated he ran into ex-Commissioner Grant Maloy at a church and he is the lead singer of a country band (blue grass).

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Commissioner Van Der Weide stated there are a lot of people thinking that the County should join in the law suit relating to water proposal, but he doesn’t know how they could fund their share. He said the Board may want to send a resolution of support for same.

Chairman Carey stated that item came up at the Regional Congress and she doesn’t believe that is their mission. There are a lot of businesses in Lake County that have been approved and they are big users of water. She stated she feels the Board’s mission is to stop the Water Management Districts from issuing these permits. She added she would not be interested in expending any funds for that.

Commissioner Van Der Weide stated he thought they could give them a resolution of support, but he doesn’t know how they can help them fund this issue.

Chairman Carey recommended that the County Manager monitor it and report back on this issue.

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Upon inquiry by Commissioner Henley, Chairman Carey advised the Board previously discussed the Sunshine law resolution and she would recommend approval.

Commissioner Dallari stated he believes government sunshine is essential but he believes the State Legislature and Senate should be governed in the sunshine as well.

Chairman Carey said she feels that those Legislatures who made that rule should have to abide by it as well.

Commissioner Henley stated big decisions were made and the public was not aware of it until after-the-fact. He further stated he feels if the County is going to be subjected to that, then the Legislature should be as well.

Commissioner McLean said if this information is accurate, it appears it would take a constitutional amendment for that to occur, and he feels since they created it, then they should not be exempt.

Motion by Commissioner McLean, seconded by Commissioner Henley to adopt appropriate Resolution #2008-R-202, as shown on page _________, regarding the Sunshine law.

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

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Commissioner McLean stated the first week of October is the first annual Winter Springs Arts Festival and there has been a good buzz going around the community for this. He said one entity they have been trying to get involved is the Wayne Densch Performing Arts Center.

Brenda Brown, 211 Mandarin Terrace, addressed the Board to introduce Charles Lacy, President of the Oviedo Chamber of Commerce. She stated she believes they may have a pending solution to the Wayne Densch Performing Arts Center issue as there will be a luncheon meeting to discuss it. She said she believes they have come to an understanding of what the Oviedo/Winter Springs Chamber is asking of Wayne Densch, as far as a partnership of providing a membership or tickets to the patron program. She submitted brochures (received and filed) highlighting the Sponsorship Opportunities and Patron Opportunities. She further stated this is intended to be an annual event, and this is the only other art festival in Seminole County to date other than the Lake Mary Art Festival.

Charles Lacy, Oviedo/Winter Springs Chamber, addressed the Board to seek direction on how they can work with the County in getting the fire and emergency services support.

Chairman Carey recommended that they work with staff on getting that on the agenda.

COUNTY MANAGER’S REPORT

Ms. Coto reminded the Board of an Executive Session immediately following this meeting in Room 3024.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:40 p.m., this same date.

ATTEST_______________________Clerk_____________________Chairman

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