BOARD OF COUNTY COMMISSIONERS

Lake Mary closed and it was relocated to Orlando. Some of the clientele had transportation issues because it would take approximately half a day to a full day to get to those services. She stated the reason it was closed is because there was no funding. This sublease speaks to a three year period and staff will review it annually before it is approved for each subsequent year. Unless their financial situation changes for that period of time, the Workforce has given no indication that it will be doing anything other than in-kind.

Chairman Carey stated the Board just renewed Item #4, Approve Amendment #1 to PS-5181-05, to three firms and based on the language of the contract those firms could come in to ask for an increase. She stated her concern is, as hungry as the market is right now and someone coming in asking for a 10% increase in their fees, is not the right thing they should be doing at this time. She said she asked Mr. Hooper to provide some information from two other contracts that the County recently let and their rates are little less than what R.W. Beck has. She stated the Board may want to pull this item for a separate vote.

Commissioner Van Der Weide stated he would have to agree with that.

Commissioner McLean stated this increase is a little over 10.9% and it is over a period of three years. If you’re looking from a total standpoint, you are looking at 3.5% a year, which is fairly close to what they would be tracking for inflation.

Chairman Carey stated she would agree if the rates continue to go up. Discussion ensued. The Board agreed to pull this item for a separate vote.

Upon inquiry by Commissioner McLean, Chairman Carey advised she believes the rates they have currently are in line and she doesn’t think an increase is appropriate for any of these firms at this time.

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

County Manager's Office

1. Adopt appropriate Resolution #2008-R-203, as shown on page _________, proclaiming the week of August 31st through September 6thas Seminole County Fire Fighter Appreciation Week, recognizing them for their efforts in the Muscular Dystrophy Association's "Fill the Boot" campaign.

Administrative Services

Administration

2. Approval and execution of General Release, as shown on page _________, for damages sustained during an incident at the County Services Building on May 11, 2008, and acceptance of $4,123.60 as payment for such damages from FP&L.

Purchasing and Contracts

3. Award CC-3321-08/DRR, as shown on page ________, Small Utility Projects and Pipeline Repairs to American Persian Engineers and Constructors, Inc., Orlando, Florida; Affordable Development, a Division of Driveways, Inc., Titusville, Florida; Central Florida Environmental Corporation, Winter Springs, Florida; and 4C's Trucking & Excavation, Inc., Bunnell, Florida (Estimated Annual Usage is $1,500,000.00, and the maximum amount for individual work orders will not exceed $350,000.00).

Support Services

5. Approve and authorize the Chairman to execute the Sublease, as shown on page _______, for Office Space at Community Services Reflections with Workforce Central Florida.

Community Services

Community Assistance

6. Approve and authorize the Chairman to execute an Agreement, as shown on page ________, between Seminole County and Kids House of Seminole, in the amount of $31,500.00 for Child Protection Team to provide medical examinations.

7. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-204, as shown on page __________, confirming Board of County Commissioners' action on July 22, 2008 approving an amendment and revisions to the 2007/2008, 2008/2009, and 2009/2010 Local Housing Assistance Plan (LHAP).

8. Approve and authorize the Chairman to execute the Satisfactions, as shown on page ________, of Second Mortgage for the following households assisted under the SHIP Home Ownership Assistance Program or the Emergency Repair Housing Program: Ismael Borrero-Santiago, Kimberly C. Borrero & Christina M. Borrero; Henry and Maggie Bouey; Mildred C. Conner; Sterling B. & Anna M. Dickens; Allecia & Mark E. Dyal; Corine Gibson; Carmen Gonzalez; Kimberly Herezi; Vindra James; Vindra C. James; Robert & Constance Knauff; Alexander Levin; Leander William Mabery & Phillis Johnson-Mabery; Alice M. Moore; Shabbir & Najma Nurmohamed; Tommy & Priscillia A. O’Neal; Clifford Philpot; Rossie Lee Randall; and Gwendolyn Stokes.

Economic Development

Tourism Development

9. Approve and authorize the Chairman to execute an Agreement, as shown on page ________, with the Central_. Florida Zoological Society, Inc. in the amount of $300,000.00.

Environmental Services

Planning Engineering Inspections

10. Approve and execute Amendment #1, as shown on page ________, to the Water Protection and Sustainability Cost Share (WPSCS) Agreement between St. Johns River Water Management District (SJRWMD) and Seminole County. This amendment extends the construction completion date from December 2008 to January 2011.

Fiscal Services

Administration

11. Approve to submit a grant application to the Florida Department of Environmental Protection requesting $186,500.00 through their Innovative Waste Reduction and Recycling Grant Program, and authorize the County Manager to execute supporting documents.

Budget

12. Approve and authorize the Chairman to execute appropriate Resolution #2008-R-205, as shown on page ________, implementing Budget Amendment Request (BAR) #08-94 through the 2001 Infrastructure Sales Tax Fund in the amount of $674,845.00 to recognize the revenues and expenditures related to the State Road 434 - Montgomery to I-4 - City of Altamonte Springs Utility Relocation project.

13. Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-32 through the General Fund in the amount of $450,000.00 in order to establish and provide initial funding for certain Information Technology Services projects.

14. Approve and authorize the Chairman to execute the Budget Change Request (BCR) #08-35 through the Transportation Trust Fund in the amount of $11,000.00 in order to fund the purchase of a replacement sign printer.

MSBU

15. Approve and authorize the Chairman to execute the Satisfaction of Lien, as shown on page ________, for which the final Lake Myrtle Restoration MSBU assessment payment has been received for parcel PID 25-20-29-501-0000-0160; owner — Freeman Billy V. & Linda V. D.

Planning and Development

Development Review

16. Authorize the release of Performance Bond #5022521 for Riviera Subdivision (Mercedes Homes, Inc.).

Planning

17. Approve the request by Liam Fitzpatrick's Restaurant - Applicant; for a Special Event Permit for a Halfway to St. Patrick's Day event to be held at Colonial Townpark, located northeast of the intersection of C.R. 46A and International Parkway on September 6, 2008 from 5 p.m. until 12 a.m.

Public Works

Engineering

18. Approve and authorize the Chairman to execute an Interlocal Utility Construction Agreement, as shown on page ________, with the City of Altamonte Springs to relocate City-owned potable and reclaimed water utilities within Florida Department of Transportation (FDOT) rights-of-way in conjunction with the State Road 434 Widening and Resurfacing Project from Montgomery Road to Interstate 4.

19. Adopt appropriate Resolution #2008-R-206, as shown on page _________, and authorize the Chairman to execute a Subordination of County Utility Interests Agreement, as shown on page _________, with the Florida Department of Transportation for property needed (FDOT Parcel Numbers 120.2R and 123.3R) for the Commuter Rail Transit Project.

20. Adopt appropriate Resolution #2008-R-207, as shown on page _________, and authorize the Chairman to execute a County Deed, as shown on page _________, conveying property (FDOT Parcel Number 502) to the Florida Department of Transportation for the Commuter Rail Transit Project.

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

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Request to approve Amendment #1 to PS-5181-05 (Item #4) with R.W. Beck to increase rates as identified in the revised Exhibit C was presented.

Motion by Commissioner Van Der Weide to deny the request to approve Amendment #1, as shown on page________, to PS-5181-05 (Item #4) with R.W. Beck to increase rates as identified in the revised Exhibit C.

Chairman Carey surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.

Under discussion and upon inquiry by Commissioner Dallari, Ray Hooper, Purchasing Manager, addressed the Board to give some insight on this issue and why R.W. Beck is asking for such a large increase.

Upon inquiry by Robert McMillan, County Attorney, Mr. Hooper advised it was a renewal option within the contract. R.W. Beck indicated in their letter that they would like to renew the agreement, but they wanted the County to approve the new rates. Staff did exercise the option at the old rates and they are taking this as an amendment to the master agreement.

Chairman Carey stated the Board accepted the renewal at the old rate.

Upon inquiry by Commissioner Henley, Mr. Hooper advised the Board approved the renewal at the August 12, 2008 meeting. He stated the renewal was based on the current rates and the effective date is from August 16, 2008 thru August 15, 2009. R.W. Beck accepted the renewal prior to the expiration and if the renewal was not executed by the August 16 date, then it would expire.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner McLean voted NAY.

Vice Chairman McLean returned the gavel to Commissioner Carey, who assumed the position of Chairman.

COUNTY ATTORNEY'S CONSENT AGENDA

Motion by Commissioner McLean, seconded by Commissioner Dallari to approve the proposed negotiated settlement relating to Parcel No. 110 (Marion G. Nichols property) of the County Road 15 road improvement project. The proposed settlement is at the total sum of $244,092.80 inclusive of all compensation to the owner, attorney fees of any kind, all costs, interest and any other matter for which Seminole County might be obligated to pay relating to these parcels.

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

CONSTITUTIONAL OFFICERS CONSENT AGENDA

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

CLERK’S OFFICE

22. Approval of Expenditure and Payroll Approval Lists, as shown on page _________, dated July 28, August 4, and July 24, 2008; Approval of BCC Official Minutes dated July 22, 2008; Board approval and execution of 2007 Year End Tax Roll, as shown on page ________; and noting, for information only, the following Clerk's “received and filed”:

1. Maintenance Bond, as shown on page ________, in the amount of $57,355.68 from F.E. Development Recycling, Inc. for the installation of CR 15 outfall pipe constructed in conjunction with the Church Street/White Cedar Project.

2. Ninth Amendment, as shown on page ________, to Part B, Term Contract RFP-4242-05, Asphalt Recycling, Inc.

3. Work Order #3, as shown on page __________, to PS-5187-05.

4. Resolution #2008-R-92, as shown on page _________, of appreciation to Doug Forner for his service on the Seminole County Industrial Development Authority, as approved by the BCC on March 25, 2008.

5. Invoice and Stormwater and Related Components Bill of Sale, as shown on page __________, regarding reimbursement for work performed in conjunction with the CR 15 Project (Monroe Road).

6. Agreement CC-3371-08, as shown on page _________, with Shoemaker Construction Co., Inc.

7. Work Order #83, as shown on page _________, to PS-5150-03.

8. M-3640-08 Agreement, as shown on page _________, with National Institute of Governmental Purchasing, Inc.

9. Basic Agreement #M-3706-08, as shown on page __________, with Tower Systems South, Inc.

10. Change Order #1, as shown on page __________, to CC-2486-07.

11. Work Order #3, as shown on page _________, to PS-2468-07.

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

13. Work Order #15, as shown on page ________, to RFP-0778-06.

14. Work Orders #1, #2 and #3, as shown on page _________, to PS-2564-08.

15. Work Order #8, as shown on page _________, to PS-5157-04.

16. Work Order #102, as shown on page _________, to PS-5165-04.

17. Amendment #1, as shown on page _________, to Work Order #31 for PS-5120-02.

18. Change Order #2, as shown on page _________, to CC-2641-07.

19. Work Order #5, as shown on page _________, to PS-5180-05.

20. Work Order #12, as shown on page _________, to CC-1284-06.

21. Third Amendment, as shown on page __________, to IFB-3129-05, Ameriscapes Landscape Management Services, Inc.

22. Change Order #4, as shown on page _________, to RFP-2086-07.

23. Amendment #1, as shown on page _________, to Work Order #3 for PS-2249-07.

24. Recording of Plat and Certificate of Title, as shown on page __________, for the Enclave Subdivision.

25. Work Order #26, as shown on page _________, to CC-1075-06.

26. Notice from the Public Service Commission of hearing regarding Docket No. 080121-WS, Application for increase in water and wastewater rates by Aqua Utilities Florida, Inc.

27. Work Order #36, as shown on page __________, to PS-1074-06.

28. Amendments, as shown on page _________, to Letters of Credit #68013805 and 68013806 for the Lake Club Subdivision amending the expiration dates.

29. First Amendment, as shown on page _________, to RFP-600223-07, Badger Meter, Inc.

30. Work Order #4, as shown on page __________, to PS-5179-05.

31. Parks Contract, as shown on page _________, for Services with Rasha M. Moore.

32. Work Order #27, as shown on page _________, to RFP-0225-05.

33. Right-of-Way Utilization Permit Maintenance Bond, as shown on page __________, in the amount of $7,087.31 for CR 427 right-of-way.

34. Work Order #26, as shown on page _________, to RFP-0225-05.

35. Work Orders #70 and #71, as shown on page _________, to CC-1220-03.

36. Satisfaction of Connection Fees, as shown on page _________, for the project known as Markham Estates.

37. Amendments, as shown on page __________, to the Conditional Utility Agreements for Potable and Reclaimed Water and Sewer Service for the project known as Hanover Pointe.

38. Conditional Utility Agreement, as shown on page __________, for Water Service for the project known as Spanish Oviedo Congregation of Jehovah’s Witness.

39. Letter of acceptance of water and sewer systems and Bill of Sale, as shown on page _________, for the project known as Brooks Landing.

40. Letter of acceptance of the off-site water system and Bill of Sale, as shown on page _________, for the project known as Lot 3, Sunshadow Commercial Development.

41. Letter of acceptance of the water system and Bill of Sale, as shown on page _________, for the project known as Lake Club.

42. Utility Easement, as shown on page _________, for the project known as Elder Road/Orange Boulevard Watermain Extension.

43. Certificate of Completion, as shown on page ________, for CC-2009-07.

44. Amendment #1, as shown on page _________, to Work Order #67 to PS-5150-03.

45. Miscellaneous Contract #M-600498-08, as shown on page _________.

46. Work Order #1, as shown on page ________, to PS-2825-07.

47. Amendment #1, as shown on page ________, to Work Order #16 for PS-1529-06.

48. Second Amendment, as shown on page ________, to Term Contract IFB-3123-05, Dixie Lime and Stone Company.

49. Work Order #38, as shown on page _________, to PS-5174-04.

50. Certificate of Completion, as shown on page __________, for RFP-2086-07.

51. Amendment #2, as shown on page __________, to Work Order #10 for RFP-4240-05.

52. Work Order #29, as shown on page __________, to PS-0381-06.

53. Basic Agreement #M-3568-08, as shown on page ___________, with First American Title Insurance Company.

54. Bids as follows: RFP-600466-08; RFP-600453-08; RFP-600435-08; RFP-3261-08; PS-3556-08 and CD; RFP-600472-08; and PS-3615-08.

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

Chairman Carey noted for the Record Item #10 under the Clerk’s received and filed says Change Order #31 and it is actually Change Order #1.

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

SHERIFF’S OFFICE

23. Approval by the Board of County Commissioners to contribute $1,000.00 from the Law Enforcement Trust Fund in support of the Mustard Seed program.

24. Approve and authorize the Chairman to execute the submittal of a Grant, as shown on page ________, for the Sheriffs Office for COPS 2008 Child Sexual Predator Program.

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

REGULAR AGENDA

Meloney Lung, Administrative Services, addressed the Board to seek authorization to negotiate the purchase of Parcels #31-21-31-515-0000-0020 and 31-21-31-515-0000-0030, consisting of a total of 2.13 acres owned by Aloma Square, LLC for the construction of future Fire Station #29. She stated this item came before the BCC in January 2007 and staff was asked to research it further. There was an original list of 29 properties as possible sites and staff has narrowed it down to 14. After reviewing the sites, the two properties that they are considering is the Aloma property and the property on Mikler Road. The price of the property on Mikler Road was reduced late Friday by $850,000, therefore, the overall price was reduced by $150,000. Staff requested that Post Buckley Schuh & Jernigan (PBS&J) pull recent sales on similar size parcels. They began by looking at the appraisals and there were three comparable sales. They were within a five mile radius of the Via Loma and Mikler site. These sales were done in 2006/2007 and it is a little different than the market today. At that time the square footage price was $18.09 to $19.78.

Upon inquiry by Chairman Carey, Ms. Lung advised one of the three parcels is adjacent to the Mikler site. PBS&J looked at the area properties and there were not a lot of sales on Aloma. They also looked at major arterials that have two to three acres. She advised the square footage price is going down. One property off of Primera Blvd. is $12 or $14 a sq. ft. and another off of 17-92 is $11 a sq. ft.

At the request of Commissioner Dallari, Ms. Lung discussed the additional costs for site improvements.

Frank Raymond, Administrative Services Director, addressed the Board to advise staff also received a letter from the Ratcliff properties. They indicated in their letter that they are dropping the price, and they are agreeing with the County’s cost of other items in order to bring it to a buildable nature. Discussion ensued.

Chairman Carey stated there are two letters indicating that they are willing to reduce the price and the best thing they may need to do is rank that and go back and negotiate. She stated the issue she has with the Via Loma site is it is a commercial site. If the County is going to pay for commercial properties that front on major roads, they will have to pay the price. She said she doesn’t think it is appropriate to build fire stations on a frontage as it will cost them a lot more money.

Commissioner McLean stated the Aloma Square site may be the best site for the fire station, but if they look at the estimates of cost, he feels more comfortable with Aloma Square. If the goal is to have a definitive investment, then they might want to look at a site where they will have to do the least amount of work on top of purchasing.

Mr. Raymond pointed out that there is going to be a wait involved with both the Mikler Road properties as they have identified wetlands on them. The County will have to pull a St. Johns River Water Management District permit and it is estimated that it will take six months to complete that. The Via Loma property is a matter of comparing quality because there is not a lot to do but construct a pad.

Commissioner Henley stated staff needs to find out how much tax revenue the County is collecting off the two parcels.

Chairman Carey stated the Board could direct staff to go back and negotiate the purchase of the property and to reduce the number if it is an appropriate site.

Commissioner Dallari stated he feels it would be advantageous for them to look at the top three or four sites in more detail so they can actually compare apples-to-apples.

Upon inquiry by Chairman Carey, Mr. Raymond advised he doesn’t believe they could take half the site on Mikler Road.

At the request of Ms. Coto, Fire Chief Leanna Raw, addressed the Board to comment on the advantages of purchasing the Aloma site for Fire Station 29.

Commissioner Henley stated he is not arguing that the Aloma site is not a more desirable site, but he is not willing to pay the price. He stated he is not opposed to going back to negotiate a lower rate.

Commissioner McLean stated he feels staff can establish a reasonable cost per square footage that the Board feels is reasonable given the market conditions.

Commissioner Dallari stated the only reason why he may not be in favor of doing that is they need to take into account the site improvements. He stated he feels they need someone who is qualified and PBS&J is more than qualified in looking at the three or four top sites.

Commissioner McLean stated if the Board is comfortable with the Aloma Square site being the preferred site from a delivery of service standpoint, the solution is to come up with a market base price that the Board is comfortable with.

Commissioner Van Der Weide stated if Aloma Square is the site, the only issue is whether or not they want to pay that price. If they do not want to pay that price, then they need to direct staff to negotiate a lower price.

Chairman Carey stated what she is hearing is the top property is Aloma Square and Mikler Road being the fall back. She stated she feels staff should be working on both of those simultaneously. She recommended continuing this item to the next meeting to give staff time to negotiate a price of $12 to $13 per square feet.

Commissioner McLean stated the challenge is if the Board doesn’t give some direction, it could be they will come back with a minor change.

Chairman Carey stated staff can come back with the best and final offer on both sites.

Mr. McMillan stated the best way to handle this is to have two contracts negotiated and approved by the sellers as their best offer, with the understanding that there will be no modifications. The contracts will be presented to the Board so they can determine which one they want.

Mr. Raymond asked if the Board is directing staff to tighten up the site improvements by a line item estimate by contractor or hire a consultant. Chairman Carey stated she doesn’t believe a consultant should be hired for this.

Mr. Raymond suggested that the Board authorize staff to look at the Mikler Road five-acre site as a whole lot cost rather than a square foot cost.

Upon inquiry by Chairman Carey, Mr. Raymond advised staff did not flag the wetlands. They used the surveys that were already done in the aerials and made a judgment as to what they could get a buildable lot out of. He stated there is about 2½ acres of the 5 acres that is useable based on the information they reviewed. He further stated he doesn’t know if a Class I wetland is on Mikler Road but will provide that information to the Board.

Commissioner Dallari stated he expects all of the information discussed today to be in the next meeting’s agenda package.

COUNTY ATTORNEY’S BRIEFING

No Report.

COUNTY MANAGER’S BRIEFING

Ms. Coto informed the Board that a number of boat ramps have been closed throughout the County due to high water. She stated the catwalks and boardwalks have been closed at the Natural Lands area, the Black Bear Wilderness area, and Wilson Landings due to the high water. Boat ramps at Cameron Wight, Mullet Lake, Lake Jesup and Lake Monroe Wayside Park have been closed. She said there has been an emergency rule enacted for the next 90 days from the Florida Fresh Water Commission establishing a no-wake idle speed from 6,000 ft. north of the I-4 bridge to the east side of Lake Monroe. The rule also places a limitation on all boat traffic except for emergency vehicles and homeowners from the east side of Lake Monroe to the beginning of the St. Johns River. She informed Chairman Carey that request came from the Public Safety and Sheriff’s Departments.

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Budget Amendment Status Report FY 2007/2008 was noted for information only.

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Chairman Carey reminded the Board of a Risk Management meeting scheduled at noon today.

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Upon inquiry by Commissioner McLean, Chairman Carey advised that Item #26, Budget Amendment Status Report FY 2007/08 is an informational item and no action is required.

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The Chairman recessed the meeting at 10:25 p.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials, with the exception of Clerk of Circuit Court Maryanne Morse and Deputy Clerk, Eva Roach, who was replaced by Deputy Clerk, Sandy McCann, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

SEMINOLE COUNTY PORT

AUTHORITY BUDGET

Proof of publication, as shown on page _______, calling for a public hearing to consider the proposed Seminole County Port Authority Budget for FY 2008/2009, received and filed.

Budget Manager, Lin Polk, addressed the Board to introduce Port Authority Executive Director, Andrew Van Gaale.

Andrew Van Gaale addressed the Board to present the proposed budget for FY 2008/2009 for the Port Authority and to review same with the Board. He stated Port Authority Chairman, Elizabeth Dorworth, is present and will answer any questions. He said the Port has had a very successful year with revenue coming in at over $2 million. Expenses were under $1 million with most of those being for capital improvement projects. He advised they will be presenting the County with a check in the amount of $850,000.

Upon inquiry by Chairman Carey, Mr. Van Gaale advised the Port operates under a five-year improvement plan that is approved by the Port Authority Board.

Commissioner Van Der Weide congratulated Mr. Van Gaale and Mrs. Dorworth on a very successful year; and urged all the Commissioners to see the improvements that have been made in the existing buildings.

Commissioner McLean stated these are outstanding numbers and believes the Authority has done an excellent job.

Upon inquiry by Commissioner Dallari, Mr. Van Gaale stated in the next year, they will be asking the Legislative Delegation to amend their purchasing policies as they have been in place since the Special Act was enacted in 1965. He added that the BCC will have an opportunity to see the proposed changes prior to the Authority going to the Delegation.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve the Seminole County Port Authority Budget for FY 2008/2009, as described in the proof of publication.

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

APPEAL AGAINST BOA,

LOUIS MORGAN, CONTINUED

Continuation of a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a Special Exception for a mobile home located at 1212 Stone Street, as described in the proof of publication, Louis Morgan.

Planner, Kathy Fall, addressed the Board to present the appeal, advising the appellant is requesting the 10-year placement of an existing 1986 double-wide mobile home. The property received a 5-year Special Exception for the current mobile home in 1986. In 2005, the property was cited by code enforcement for an expired Special Exception and the Board of Adjustment granted a 1-year temporary placement of the existing mobile home, which has since expired. She further advised that on July 22, 2008, the BCC, as part of the Comp Plan EAR amendments, transmitted to the DCA Policy FLU 10.3 regarding opportunities for manufactured housing and mobile homes. She added that staff recommends the BCC reverse the BOA’s decision and allow for the permanent placement of the mobile home.

Kent Cole, representing the appellant, addressed the Board to ask for consideration of all the improvements and work that have has been done on the property.

No one else spoke in support or in opposition.

District Commissioner McLean stated the Special Exception makes sense for this area. He said the code enforcement issues have been corrected as the business has been relocated. He recommended granting the appeal.

Motion by Commissioner McLean, seconded by Commissioner Henley to reverse the Board of Adjustment’s decision to deny a Special Exception for a mobile home located at 1212 Stone Street, as described in the proof of publication, Louis Morgan; thereby, granting the appeal; Decision on Appeal, as shown on page _______.

Under discussion, Commissioner Henley stated staff advised the BOA of the policy language regarding mobile homes and they still denied the Board. Therefore, he would suggest the appeal fee be refunded.

Commissioner McLean agreed to include in the motion that the appeal fee be refunded to Mr. Morgan. Commissioner Henley agreed with the amendment to the motion.

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

APPEAL AGAINST BOA,

JUAN HERNANDEZ

Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to approve a side street setback variance from 25 feet to 15 feet for a privacy fence located along the portion of the corner lot property abutting Lake Hayes Road, at 2391 Pemberton Street, Juan Hernandez, received and filed.

Planner, Kathy Fall, presented the appeal, advising the appellant is requesting a side street setback variance from 25 feet to 0 feet for an existing fence that was constructed without an approved permit. The Board of Adjustment approved the setback variance from 25 feet to 15 feet; and the appellant is appealing that decision. She displayed photographs (included in the agenda packet) of the fence, advising Traffic Engineering visited the site and there is some question as to whether the existing fence is even on the appellant’s property. She added that would have to be verified.

Juan Hernandez, appellant, addressed the Board to advise the fence is located three inches into the property line. He explained that he has been burglarized and needed the fence for security reasons. He said he will lose the use of a lot of his property if he has to move the fence in 15 feet. He displayed some photographs (received & filed) of other fences and stated that he has seen many fences erected on property lines. He added that he does not believe there is any safety issue on the corner.

Upon inquiry by Commissioner McLean, Ms. Fall clarified that Mr. Hernandez did apply for a permit for the fence after it was erected, but was denied because a Special Exception was needed for the side yard setback. She further advised that there are no fences on Lake Hayes Road that are closer than 15 feet from the property line.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Anonymous letter in opposition to the Special Exception was received and filed.

Motion by Commissioner Dallari, seconded by Commissioner McLean to uphold the Board of Adjustment’s decision to approve a side street setback variance from 25 feet to 15 feet for a privacy fence on property located along the portion of the corner lot property abutting Lake Hayes Road, at 2391 Pemberton Street, as described in the proof of publication, Juan Hernandez; thereby, denying the appeal; Decision on Appeal, as shown on page _______.

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

REQUEST TO REZONE FROM A-1 TO

PCD, KENTUCKY STREET/HUGH HARLING

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) on approximately 12.16 acres, located ¼ mile west of the intersection of E. Lake Mary Boulevard and Beardall Avenue, and consideration of the Preliminary Site Plan and Development Order, Hugh Harling, received and filed.

Planner, Ian Sikonia, addressed the Board to present the request, advising of a correction in the proposed development order regarding the landscape requirements chart (copy received & filed). He further advised the applicant is requesting the rezoning in order to develop a retail/office/warehouse complex consisting of six buildings. The proposed Preliminary Site Plan indicates that the project will contain a total of 87,350 building square feet, and will allow uses from the C-3 and C-2 zoning districts. The applicant is proposing two access points along the frontage of E. Lake Mary Boulevard, including a right in/right out access, and a joint use driveway with the property to the east. He stated the P&Z Commission unanimously recommended approval of the rezoning with conditions. He said the staff also recommends approval of the rezoning, Preliminary Site Plan and the Development Order.

Upon inquiry by District Commissioner Carey, Mr. Sikonia advised the unnamed right-of-way is actually a drainage ditch.

Hugh Harling, applicant, addressed the Board to advise the unnamed right-of-way is a 30-foot right-of-way, but there is a ditch that runs the entire length of it. He clarified that it is not on the subject property. He stated that he met with the Hunters after the P&Z Commission meeting and have agreed to move the dumpster, install an aerator in the retention pond, and to erect a six-foot concrete wall with a two-foot trellis. He said they have also agreed to the hours of operation, but if the surrounding properties were to be rezoned to the same zoning as the subject property, the need for the wall and the hours of operation will all go away. He added he agrees with the changes to the landscaping chart.

Kathy Hunter, 3730 Kentucky Street, addressed the Board to state she appreciates Mr. Harling making those changes in order to make this rezoning more agreeable; however, they will never be in full agreement to putting commercial in their backyard. She said the right-of-way is a drainage ditch that drains into Lake Jessup and there is a large amount of water that runs through it.

Robert Hunter, 3730 Kentucky Street, addressed the Board to explain the right-of-way has never been a road, but is a drainage ditch that takes water off of the Airport.

Upon inquiry by Commissioner Henley, Mr. Sikonia advised Commissioner Woodward of Sanford has voiced concern that this property is in the City’s utility service area and that the project should be going through the development process in the City.

No one else spoke in support or in opposition.

District Commissioner Carey commented that the staff Development Order calls for a six-foot PVC fence; however, Mr. Harling’s plan indicates a block wall so the D.O. needs to be corrected. It also needs to stipulate that should the adjacent properties come in for rezoning prior to the subject property being developed that the wall and hours of operation will be waived. She recommended approval of the rezone based on the D.O. being corrected.

Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance #2008-40, as shown on page _______, granting rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) on approximately 12.16 acres, located ¼ mile west of the intersection of E. Lake Mary Boulevard and Beardall Avenue, as described in the proof of publication; and approval of the Preliminary Site Plan and Development Order, as shown on page _______, as corrected, including the voluntary commitments of the developer, Hugh Harling, based on staff findings.

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

REQUEST TO REZONE FROM A-1

TO PUD, ELDER ROAD/BRYAN POTTS

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) on 4.81 acres, located on the east side of Elder Road, approximately 500 feet south of the intersection of Elder Road and Church Street; and consideration of the Preliminary Master Plan and Development Order, Bryan Potts, received and filed.

Planner, Ian Sikonia, presented the request, advising the applicant is requesting the rezoning in order to develop an industrial park; and is proposing to subdivide the property into five parcels, which will all have to submit individual final master plans. The proposed Preliminary Master Plan indicates that the project will contain a maximum of 50,000 square feet of building space split among the five parcels. The P&Z Commission unanimously recommended approval; and staff is also recommending approval.

Upon inquiry by District Commissioner Carey, Tina Williamson, Assistant Planning Manager, addressed the Board to advise the applicant is required to put in the dry lines for reclaimed water.

Bryan Potts, applicant, addressed the Board to advise Elder Road is already paved. He agreed with the staff findings and recommendations.

No one else spoke in support or in opposition.

District Commissioner Carey recommended approval.

Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt Ordinance #2008-41, as shown on page _______, granting rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) on 4.81 acres, located on the east side of Elder Road, approximately 500 feet south of the intersection of Elder Road and Church Street, as described in the proof of publication; and approval of the Preliminary Master Plan and Development Order, as shown on page _______, Bryan Potts, based on staff findings.

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

REQUEST TO REZONE FROM A-1 TO PCD,

MOORES STATION RD./HUGH HARLING

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) on 3.05 acres, located on the north side of the intersection of E. Lake Mary Boulevard and Moores Station Road; and consideration of the Preliminary Site Plan and Development Order, Hugh Harling, received and filed.

Planner, Ian Sikonia, presented the request, advising the applicant is requesting the rezoning in order to develop an office/commercial business park consisting of four buildings. He corrected the staff report on page 2, stating schools are not permitted. The Proposed Preliminary Site Plan indicates that the project will contain a total of 16,500 building square feet and the requested allowable uses are per the C-3 and C-2 zoning districts. The applicant is proposing to utilize the signage standards of the Lake Mary Boulevard Gateway Corridor Overlay District. The P&Z Commission unanimously recommended approval of the rezoning; and staff is also recommending approval.

Hugh Harling, applicant, advised he concurs with the staff report and will answer any questions.

No one else spoke in support or in opposition.

District Commissioner Carey recommended approval.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt Ordinance #2008-42, as shown on page _______, granting rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) on 3.05 acres, located on the north side of the intersection of E. Lake Mary Boulevard and Moores Station Road, as described in the proof of publication; and approval the Preliminary Site Plan and Development Order, as shown on page _______, based on staff findings, Hugh Harling.

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

CHAIRMAN’S REPORT

Chairman Carey advised she is in receipt of a letter from George Kosmac of the School Board regarding the funding for transportation of disabled citizens to SWOP. She said this has been costing the School Board $620,000 and Medicaid was only reimbursing $220,000. The School Board worked with Bill Poe to reduce costs and they have gone from 73 stops to 4, which will bring the cost of the service down to what Medicaid will reimburse. She added that the four stops will be at the area malls and the effective date for this change was August 18.

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Chairman Carey requested appointment of Ed Furey as the citizen (homestead) appointment to the Value Adjustment Board.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to appoint Ed Furey to the Value Adjustment Board.

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

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Chairman Carey advised the Tax Collector has requested the Board extend the tax rolls pending conclusion of the Value Adjustment Board hearings.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize the extension of the tax rolls until the completion of the Value Adjustment Board hearings.

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

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Chairman Carey announced that she is serving as the Honorary Chair for the Christian Sharing Center’s “Love Your Neighbor” Walk-A-Thon scheduled for September 27 at Cranes Roost Park. She distributed Walk-A-Thon packets to each of the Commissioners.

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The Chairman wished everyone a happy Labor Day weekend.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Dallari advised that some of the guidelines and policies of the CRA are being reviewed and redefined by staff. He said any changes will be brought back to the BCC for review.

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Commissioner McLean reminded everyone that today is election day and he wished Commissioner Van Der Weide the best of luck.

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Commissioner Van Der Weide reminded Commissioners that any leftover campaign funds can be donated to charity; and the Christian Sharing Center is a very worthwhile organization. He urged the Commissioners to consider donating this money.

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Commissioner Van Der Weide commented he believes it is critical for the County’s fire stations to be very visible because many people go there for assistance.

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Commissioner Henley advised the polling place at the Sanford stadium has been flooded so it has been moved to the Sanford Civic Center and free transportation is available.

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Commissioner Henley gave a status report on the recent LYNX meeting, advising there is a $9 million shortfall in the budget in order to maintain the current service. He stated that shortfall is from Orange County. Orange County has proposed that if LYNX raises their rates, they will contribute $1 million and if they raise $1 million from the private sector, they will give another $1 million. He said the LYNX Board voted to advertise the consideration of the fare increase, but did not accept the other proposal because it was not something they could budget for. The LYNX Board did vote to not bail Orange County out again by robbing the Federal fund which is for replacement of buses. He added that Orange County will be receiving a letter from LYNX advising them that if they do not pay according to the formula, then service will only be provided for what is paid for.

Chairman Carey stated she hopes this will not affect the veterans trying to get to the V.A.

Commissioner Van Der Weide said he would like to be kept informed on this. He asked Ms. Coto to check into the complaint that veterans are arriving as early as 3:00 a.m. to the County’s Veteran Services and waiting to be seen.

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The Chairman recessed the meeting at 3:01 p.m., reconvening it at 3:10 p.m., this same date, with Commissioner Van Der Weide re-entering late.

ITEMS FOR FUTURE AGENDA

Jeff Abbott, 2300 Stone Street, addressed the Board to advise due to Tropical Storm Fay he has four inches of water in his house. He said it has taken quite some time to get in touch with FEMA and he did not know to call the County’s Emergency Management office to report damage. He stated he is now in the process of clean-up and it will cost about $8,000. He further stated people need to be educated on what to do if they are flooded because they don’t realize they have a 72 hour window for clean-up or they will not be able to get rid of the mold. He asked that the County get disaster relief from FEMA and that they educate the citizens on what to do in circumstances like this.

Chairman Carey advised Mr. Abbott that there is “Prepare Seminole” on the County’s web site and suggested he hold a community meeting for his neighborhood to share his information.

Public Safety Director, Tad Stone, addressed the Board to advised Mr. Abbott that if he has questions, to call Emergency Management and they will be happy to help. He added that the County is sending a FEMA report and he is waiting for them to do a declaration.

Speaker Request Form was received and filed.

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Don Peterson, 3585 Canal Street, Black Hammock, addressed the Board to discuss the flooding in the Black Hammock and Lake Jessup area. He submitted for the Record photographs showing the flooding and said that Short Cut Canal has been neglected for years. He stated that the last attempt to clean it out by the County was pitiful and that is a direct cause of the flooding that is happening now. He further stated that the ditches along Oklahoma have the same problem. He said that he has spoken to the residents and they have agreed to give the County permission to come onto their property to clean the ditches and he is working with Gary Johnson and will get the authorization forms signed by the residents. He asked the Board to spur this effort along so that the ditches in Black Hammock can be cleaned out. He added that he tried to call the County all day Saturday, but could get no one to answer the phone.

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

Mr. Stone advised there was staff available on Saturday until 7:30 p.m., however they did have some phone transfer issues.

Public Work Director, Gary Johnson, addressed the Board to advise Short Cut Canal is a main outfall for that area and the County has limited access rights. He said Mr. Peterson has offered to serve as a facilitator in getting that access and he will be following up on this.

Commissioner Dallari asked that staff keep him up to date on this.

COMMUNICATIONS AND/OR REPORTS

1. Memorandum dated August 7, 2008 from Jean Jeffcoat, PAY Division Manager, to Seminole County Board of County Commissioners re: Teen Court Expenditure Report.

2. Copy of letter dated August 8, 2008 from Frank Bruno, Congress of Regional Leaders, to Kirby Green, St. Johns River Water Management District, re: Resolution encouraging the SJRWMD Board to reconsider their issuance of a consumptive use permit to Niagara Bottling.

3. Letter dated August 8, 2008 from Stephen Miller, Executive Director, South Seminole & North Orange County Wastewater Transmission Authority, to Chairman Brenda Carey re: FY 08-09 Debt Service Schedule, Depreciation, and Operation/Maintenance Fees.

4. Letter dated August 9, 2008 from Ronald Stein to Chairman Brenda Carey, Commissioner Carlton Henley, Cindy Coto, and Gary Johnson re: Bay Lagoon subdivision.

5. Letter dated August 11, 2008 from Rabbi Rick Sherwin to Seminole County Board of County Commissioners re: moving the entrance to Congregation Beth Am to Line Drive.

6. Letter dated August 12, 2008 from Galo Campo to the Seminole County Board of County Commissioners re: School transportation cuts for people with disabilities.

7. Copy of letter dated August 12, 2008 from John Pfeiffer to Cathy Schubert re: Department of Veteran Affairs/Pension.

8. Letter dated August 12, 2008 from Stephen Miller, South Seminole & North Orange County Wastewater Transmission Authority, to Chairman Brenda Carey re: Required Notice of proposed bond issue by SSNOCWTA (corrected version).

9. Letter dated August 14, 2008 from William Colbert, Colbert-Cameron Mitigation Bank, to Chairman Brenda Carey re: Chapman Road project (4-117-22350-3).

10. Notice of Public Hearing dated August 14, 2008 from the City of Winter Springs re: Rezoning and Conditional Use Permit Request.

11. Copy of letter dated August 15, 2008 from Cathy Collins, Budget Supervisor, Property Tax Oversight Program, Florida Department of Revenue, to David Johnson, Property Appraiser, re: any changes to 2008-09 budget.

12. Letter dated August 18, 2008 from Ronald Cartwright, Dumont, to Chairman Brenda Carey re: fluoridation of water.

13. Letter dated August 18, 2008 from Michael Napier, Seminole County Health Department, to Chairman Brenda Carey re: FY 07-08 contract between the Seminole County Board of County Commissioners and the Department of Health for operation of the Seminole County Health Department.

14. Letter received August 18, 2008 from Thomas Brueckner, to Chairman Brenda Carey re: support of the Northview project.

15. Letter dated August 19, 2008 from Dr. Ray Eubanks, Florida Department of Community Affairs, to Chairman Brenda Carey re: Plan Amendment 08-2ER.

16. Notice of Public Hearing dated August 19, 2008 from the City of Winter Springs re: annexation of 1072 W SR 434.

17. Notice of Public Hearing dated August 19, 2008 from the City of Winter Springs re: annexation of 300 W SR 434.

18. Letter dated August 20, 2008 from Gloria Lewis, SJRWMD, to Seminole County BCC & DOT re: adjacent property owner notification Application Number 18-117-109192-3.

19. Notice of Public Hearing received August 21, 2008 from the City of Lake Mary re: Waterside Final Subdivision Plan.

COUNTY MANAGER’S REPORT

County Manager, Cindy Coto, advised the State of Florida has issued a notice that they are closing down to one lane SR 46 (from I-95 to Geneva) and will probably close the entire road by the end of the day.

Chairman Carey asked that employees be notified of the closing.

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Ms. Coto stated based on the Budget Work Session on July 30 and 31, staff has put together an information packet (received and filed) consisting of follow-up topics for discussion. She reviewed what has transpired to date starting with the May 1 Special BCC Meeting. She said one area staff was requested to evaluate and bring back to the Board relates to pay for performance. She advised in 2007, the Board approved the present system after a study was conducted. This study was conducted due to an unprecedented 17% turnover rate. She recommended that the Board make no changes in the present pay for performance system.

Chairman Carey discussed the proposal for a lump sum merit, advising as outlined on page 3 of the handout, it would save $43,741,282 million over a ten-year period. She said this would be a tremendous impact to the budget and even though Ms. Coto has recommended against it, she would like to have some discussion on it.

Commissioner Henley stated normal retirements and dismissals were included in Ms. Coto’s turnover rate and he would like to know what that number is less the retirements and dismissals. He said it bothers him tremendously that while the BCC is giving their employees 4% raises, other organizations that the Board funds are giving 5%.

Chairman Carey stated she is in favor of giving a one time merit and bonus that would not be added to the base pay – only the COLA would be added to the base pay.

Commissioner Van Der Weide stated he is not in favor of the proposal for a lump sum merit/bonus as he believes it would affect employees’ retirement benefits. Discussion ensued.

Commissioner McLean stated the saving of the money would be at what cost. He further stated the pay for performance system has only been in place for a year and he does not believe the lump sum proposal will allow for the County to have the quality employees they need.

Commissioner Dallari said he believes they should continue with the pay for performance system already in place so that the County can keep good employees.

Chairman Carey stated she was not suggesting going back to the old system, but to not include the merit and bonus pay into the base salary.

Discussion ensued between the Chairman and County Attorney, Robert McMillan, with regard to recruiting problems Attorney McMillan foresees if the new lump sum merit/bonus system is approved.

The Board, by majority consensus, agreed to keep the present pay for performance system as is and to keep the COLA at 2.7%.

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Director of Fiscal Services, Lisa Spriggs, addressed the Board to discuss the LYNX Budget, advising the proposed funding by staff as of August 25 is $2,269,741. This includes the delay of the new service Link 232 until April 2009.

Commissioners McLean, Dallari and Van Der Weide agreed that the Board needs to fund LYNX.

Chairman Carey suggested the Board fund LYNX according to the formula.

Planner, Dick Boyer, addressed the Board to explain what the August 25 budget amount includes. He said the proposed fare increase would require a public hearing by LYNX.

The Chairman clarified that whatever the formula is today, that is what the Board has said they will fund and if there is a fare increase or other things done, that amount will be adjusted. The Board voiced no objections.

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The Board, by unanimous consensus, agreed with the 2% reduction in General fund being proposed as outlined on page 5.

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Chairman Carey commented that it appears it is much more cost effective to do training in-house as shown on page 7.

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Director of Information Technology, Robert Beach, addressed the Board to discuss the ranking of projects as outlined on page 13.

Commissioner Dallari asked that a dollar amount be identified for each project.

The Chairman suggested that a five-year CIP be done for Information Technology.

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The Board voiced no interest in reviewing impact fees.

Discussion ensued with regard to the three pedestrian overpass/underpass projects as outlined on page 23.

Commissioner Dallari stated these three projects were included in the referendum and, therefore, should remain in the budget.

Public Works Director, Gary Johnson, advised the two school crossing overpasses were included in the referendum.

Commissioner Van Der Weide stated the Board made a commitment to do these overpasses so they need to live up to that commitment.

Chairman Carey stated she does not support the overpasses.

The Board, by majority consensus, with Commissioner Carey, dissenting, agreed to leave the three pedestrian Overpass/Underpass Projects in the budget.

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With regard to Health Insurance, Ms. Coto advised staff will be bringing back to the Board a recommendation regarding self-insurance for partial health coverage and the health clinic.

Commissioner Dallari asked that partial self-insurance also be reviewed.

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Ms. Coto advised that staff will be providing additional information to the Board with regard to the Solid Waste Franchise Agreements when those agreements expire in 18 months.

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Commissioner Dallari requested staff look at thermal storage and thermal compressors when they review energy efficiencies.

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The Board noted, for information only, the analysis of the leased space at Reflections.

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A brief discussion ensued with regard to the Tourist Development Taxes being used to support Jetta Point, the Historical Museum and Soldier’s Creek.

Motion by Commissioner Henley, seconded by Commissioner McLean to approve the ranking for projects to be supported by Tourist Development Taxes as follows: (1) Jetta Point; (2) Soldier’s Creek; and (3) Historical Museum.

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

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Ms. Coto advised staff has supplied the Board with a scope of work and cost for a Stormwater Fee Study (page 35). She said the cost is $60,000.

The Board, by unanimous consensus, directed staff to proceed forward with a Stormwater Fee Study in the amount of $60,000, with the scope of work outlined on page 35.

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Ms. Coto advised that she has just been informed that SR 46 will be closed at 7:00 p.m. tonight, due to flooding.

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The Board agreed to reschedule their meeting on the firefighters’ contract from this afternoon to September 9, 2008 at lunch.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:43 p.m., this same date.

ATTEST:______________________Clerk_____________________Chairman

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