page _______, in recognition of achievement by the Seminole County Department of Fiscal Services in receiving the Distinguished Budget Presentation Award for the two-year budget Fiscal Years 2001/2002 and 2002/2003, awarded by the Government Finance Officers Association of the United States and Canada.

Districts 1, 4 and 5 voted AYE.

The Resolution was presented to Director of Fiscal Services, Cindy Hall, and the Fiscal Services staff. Ms. Hall addressed the Board to introduce her staff and to express their appreciation for the Resolution.

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Commissioners Morris and Van Der Weide entered the meeting at this time.

Commissioner Henley presented Purchasing Manager, Ray Hooper, and the Purchasing staff with the Certificate of Achievement from the National Institute of Governmental Purchasing. He stated the award recognizes excellence in public procurement and out of 2,100 governmental agencies through the U.S. and Canada, only 40 governments have attained this distinction.

Mr. Hooper expressed his appreciation to the Board for their support and to the County Attorney and the executive staff.

COUNTY ATTORNEY’S REPORT

CONSENT AGENDA

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

Property Acquisition

4. Approve and execute Subordination of Utility Interests Agreement, as shown on page _______, between the County and BellSouth Telecommunications, Inc., relating to Parcel Number 127 of the Lake Emma Road improvement project.

5. Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Nos. 146/222 of the Airport Boulevard Phase III road improvement project, located on the west side of Airport Boulevard and south of Albright Road, Lars J. & Martha D. Eriksson, in the amount of $320,000.00, plus attorney’s fees and costs in the amount of $40,000.00.

6. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel No. 148 of the Airport Boulevard Phase III road improvement project, located west of Airport Boulevard and northwesterly of Albright Road, R. & M. Manufacturing Co., in the amount of $500.00, inclusive of fees and costs. The owner accepted the offer approved by the BCC.

7. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel No. 145 of the Airport Boulevard Phase III road improvement project, located on the southwest corner of Bevier Road and former CSX Railroad right-of-way, Tom B. & Janet M. Ball & Lars J. & Martha D. Eriksson, in the amount of $95,200.00, inclusive of fees and costs.

8. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel No. 116 of the Wymore Road improvement project, located on the east side of Rollingwood Trail in Spring Lake Subdivision, Mario & Heliodora M. Riveron, in the amount of $6,000.00, inclusive of all fees and costs.

Litigation

9. Approve acceptance of the Roberts’ Offer To Have Judgment Entered as to Parcel No. 105 of the Dodd Road improvement project, located at 1521 Dodd Road, Roberts Property, in the amount of $35,000.00 inclusive of all land value, severance damage, business damage and statutory interest.

10. Authorization to Appeal to Florida Supreme Court for discretionary review with regard to Seminole County v. Grace Properties No. 7, Ltd., et al. Case relates to Parcel Nos. 106 and 706 of the Howell Branch Road Phase II road improvement project. Case was appealed to 5^th District Court of Appeals and they affirmed the trial court.

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

INFORMATION ITEMS

Mr. McMillan advised he will be bringing back during this afternoon’s meeting an emergency ordinance relative to a “No Wake” Zone along the St. Johns River.

Chairman McLain advised that when he spoke to the Sheriff on Friday, he requested they go ahead and get the signs up this weekend in order to protect the homes along the river.

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Mr. McMillan advised he is developing a monthly report on all litigation and will distribute copies to each Commissioner starting next month.

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Mr. McMillan advised the Court ruled in the County’s favor with regard to the Berger case and Riverwind.

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Mr. McMillan reported that the Court denied the Portofino Apartment lawsuit.

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Mr. McMillan also reported that the Fertakis Code Enforcement challenge has been resolved in the County’s favor.

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Mr. McMillan also advised that the Stribling case relating to access has been dismissed as a result of the County purchasing the property.

COUNTY MANAGER’S REPORT

CONSENT AGENDA

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

ENVIRONMENTAL SERVICES

Business Office

11. Approve and authorize Chairman to execute the Conditional Utility Agreement, as shown on page _______, for Water (20,450 gpd) and Sewer (20,450 gpd) Services between Seminole County and Lake Mary Hotel Associates, LLC for the Hampton Inn, Colonial Town Park project.

12. Approve and authorize Chairman to execute the Exhibit “G” amendment to Conditional Utility Agreement, as shown on page _______, for Water Service with Markham Estates LLC for over sizing off-site facilities to the Markham Estates Subdivision.

13. Approve index adjustment for solid waste collection services as required by Franchise Agreements to be effective January 2003.

Solid Waste Management

14. Approve and authorize Chairman to execute the Florida Department of Environmental Protection Waste Tire Grant Agreement, as shown on page _______, for FY 2002/03 in the amount of $54,549.

FISCAL SERVICES

Budget

15. BCR #02-105 – $650,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund/12601 – Arterial Impact Fee fund. Additional funding is needed for pending change orders for final field quantities (labor and materials) for CR 427 Phases III/VI. Additional funding is also needed for CEI Services since the completion date has been extended by 203 days. Request a transfer from capital reserves.

16. BCR #02-121 – $54,510 – Public Safety – EMS Trust – Fund: 11800 – EMS Trust Fund. Staff requests this transfer of funds from Undesignated Capital account line to the operating account line for the software, installation, software licenses and data conversion of the EMS/Fire Rescue/Reporting System which was approved by the Board on May 28, 2002 (RFP-4154-02/BJC).

17. BCR #02-122 – $70,100 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer fund. Accounting adjustment only to put monies in correct line to refurbish the odor control unit for the North West Area Regional Waste Water Treatment Facility.

18. BCR #02-123 – $57,980 – Public Safety – EMS Trust – Fund: 11800 – EMS Trust Fund. Request approval to use undesignated EMS Trust Funds to purchase 17 automatic vehicle locator units at $3,411 each. These units are needed to support the Computer Aided Dispatch System’s ability to identify and dispatch the nearest unit to an emergency incident. This equipment is critical in reducing response time.

19. BCR #02-124 – $51,844 – Public Safety – Emergency Communication – Fund: 00100 – General Fund. Holiday pay in the amount of $51,844 for emergency communications is budgeted in the Holiday Pay account line. An accounting adjustment is needed to move budgeted holiday pay into the overtime line.

20. BCR #02-125 – $7,736 – Public Works – Roads/Stormwater – Fund: 11541 – 2001 Sales Tax Fund. Additional funding is needed for striping on the recently completed Lake Way Road asphalt resurfacing project. Request a transfer in the amount of $7,736 from 2001 Sales Tax Fund reserves.

21. BCR #02-126 – $160,000 – Public Works – Engineering – Fund: 10101 – Transportation Trust Fund. An $80,000 matching grant from the Florida Department of Environmental Protection was approved by the Board on January 22, 2002. This grant is to be used for the replacement of the existing bridge, which spans the Econlockhatchee River within the Flagler Trail Corridor. This transfer allocates to the appropriate project accounts.

22. BCR #02-127 – $295,854 – Public Works – Stormwater – Fund: 13000 – Stormwater Fund. Based upon updated cost estimates and close-outs from seven Stormwater projects, savings have been identified which can be applied to six new high priority minor drainage improvements. Factors considered in prioritization include recent flooding issues and feasibility for in-house construction. Request an accounting transfer to fund these new projects.

23. BCR #02-128 – $1,000,000 – Public Works – Engineering – Fund: 32100 – Natural Lands/Trails Fund. An accounting transfer is requested to place funds into the land account of the Trails Program for the recent Jetta Point acquisition.

24. BCR #02-129 – $71,690 – Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire Fund. Transfer of funds to facilitate the implementation of an inter-local agreement with Altamonte Springs Fire Department by installing communication equipment in the Altamonte Springs facilities prior to October 1, 2002.

25. BCR #02-130 - $127,462 – Information Services – Telecommunications – 00100- General Fund. Equipment, software and lease purchases needed for Oviedo First Response Agreement as identified by Department of Public Safety.

26. Budget Amendment Resolution #2002-R-132, as shown on page_______, $670,000 – Public Works: 10101 – Transportation fund. Based on a LAP agreement approved by the Seminole County Commission on August 8, 2000, FDOT made funds available (in State FY 00/01) toward the construction of the Seminole Wekiva Trail. A supplemental agreement to the original LAP agreement was approved by the Seminole County Commission on August 13, 2002. The State is making funds available by advancing to State FY 02/03 a portion of the $1,800,000 programmed in State FY 03/04 for Section 3 of the Trail.

MSBU

27. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for the Lacy property in the Coach Light Estates Street Lighting Construction MSBU.

Purchasing

28. Approve Change Order #2, as shown on page _______, to FC-1163-01/BJC – Seminole Wekiva Trail (S.R. 434 to Markham Woods Road) construction project, with Gibbs and Register, Inc., Winter Garden ($380,585.64) (Time Extension).

29. Approve Change Order #3, as shown on page _______, to FC-1169-02/BJC - Museum of Seminole County History, Agriculture Exhibit Building, with Pooley Enterprises, Inc., ($19,822.94).

30. Approve Change Order #2, as shown on page ________, to CC-1179-02/BJC - Northwest Regional Waste Water Treatment Facility Recycle Meter Installation, with Meadors Construction Co., Jacksonville ($4,367.87).

31. Approve Amendment #1, as shown on page _______, to D/B-606-01/BJC – I-4 Trail Overpass, with Martin K. Eby Construction Co., Inc., Maitland ($79,677.00).

32. Approve Amendment #2, as shown on page _______, to PS-501-97/BJC - Construction Engineering and Inspection Services for C.R. 427 – Phases III and IV, with Earth Tech, Longwood ($391,154.50).

33. Approve Second (Final) Renewal to PS-575-00/BJC – Flagler Trail Surveying Services, with Southeastern Surveying & Mapping, Maitland (November 30, 2002 through November 29, 2003) (Not-to-Exceed $75,000.00).

34. Approve First Renewal for PS-599-01/BJC – General Professional Consulting Services for Transportation Planning/Technical Transportation Planning Work Tasks with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., Orlando; GMB Engineers & Planners, Orlando; and Leftwich Consulting Engineers, Inc., Orlando (December 15, 2002 through December 14, 2003) (Not-to-Exceed $65,000.00).

35. Approve the Second (Final) Renewal for RFP-491-00/BJC – Legal Services for Construction Claims and Litigation, with Lyon Kirwin Norris, Attorneys at Law, Winter Park (December 15, 2002 through December 14, 2003) ($135.00 blended hourly rate).

36. Authorize the issuance of a Purchase Order for Motorola Wide Area Network Equipment for Public Safety/EMS to Motorola, Inc., Longwood ($57,978.50).

37. Authorize Sole Source Procurement and authorize the issuance of a Purchase Order for ArcInfo Maintenance to ESRI, Inc, Redlands, CA ($32,354.04).

38. Approve Renewal #3 for M-138-00/BJC – Radio Maintenance and Service Agreement, with Motorola, Inc., Altamonte Springs ($292,435.56) (October 1, 2002 through September 30, 2003).

LIBRARY & LEISURE SERVICES

Administration

39. Approve and authorize Chairman to execute Hold Harmless Agreement, as shown on page_______, for Antique Car Show with Celery City Cruisers.

40. Approve and authorize Chairman to execute State Aid Application and Grant Agreement, as shown on page_______, for FY 2002/03 State Aid to Libraries.

PLANNING & DEVELOPMENT

Administration

41. Approve and authorize Chairman to execute a Satisfaction of Release of Memorandum of Agreement, as shown on page_______, for a household assisted with emergency repair assistance under the Seminole County Emergency Repair Housing Program Grant Agreement.

42. Approve and authorize Chairman to execute a Satisfaction of Second Mortgage, as shown on page _______, for a household assisted under the SHIP Program’s Home Ownership Assistance Program.

43. Approve Satisfaction of Code Enforcement Lien, as shown on page _______, on parcel located at 1720 Angle Dr., Longwood (Ferd B. III & Jan L. Sebastian).

Development Review

44. Authorize release of a Maintenance Bond for private roads and water and sewer facilities and a Subdivision Bond for Berington Club Phase III; and a Performance Bond for roads, streets and drainage and water and sewer for Berington Club Phase II; and a Performance Bond for roads, streets and drainage for Berington Club Phase I; property located between Orange Boulevard and Sylvan Lake Drive (Beazer Homes).

45. Approve the grant of a Utility and Maintenance Access Easement, as shown on page _______, to the City of Sanford for a Lift Station and Force Main on County owned property leased to the Central Florida Zoological Society to provide sewer capacity for the expansion of the Zoo’s facilities.

46. Approve Final Plat for the Preserve at Astor Farms, Phase 2 Subdivision; property located approximately 1200 feet to the north of Orange Boulevard (Harling, Locklin and Associates representing the Landstar Development Group).

47. Approve Final Plat for Sandy Lane Reserve; property located on the east side of Sandy Lane, approximately l/4 mile south of Sand Lake Road, Altamonte Springs (Everette Huskey).

48. Approve Final Plat for the Bennington Subdivision; property located at the northeast corner of Dike Road and Grand Road (Merwan Naime representing Metropolis Homes).

49. Approve Final Plat of Lot 1, Colonial Town Park Minor Plat consisting of one commercial lot zoned PUD; property located on the north side of CR 46A at the northwest corner of Colonial Center Parkway and Village Oak Lane within the Colonial Town Park PUD (Lake Mary Hotel Associates, LLC).

PUBLIC WORKS

Engineering

50. Adopt First Amended Resolution of Necessity #2002-R-133, as shown on page _______, relating to the County Road 46A, Phase III Project (Ridge Road to C.S.X. Railroad/Exhibit “A” – 1 Parcel).

51. Adopt First Amended Resolution of Necessity #2002-R-134, as shown on page ________, relating to the Wymore Road Project (Orange County Line to State Road 436/ Exhibit “A” – 2 Parcels).

52. Approve and authorize Chairman to execute the Purchase Agreement, as shown on page ________, for property adjacent to Citrus Road.

Stormwater

53. Approve and authorize Chairman to execute Change Order #1, as shown on page _______, to the Agreement between Seminole County and the St. Johns River Water Management District for the Midway Subdivision Regional Retention Pond Facility and Created Wetlands (time extension for 365 days).

Traffic Engineering

54. Approve and authorize Chairman to execute the Traffic Signal Maintenance Agreement, as shown on page _______, between Seminole County and Altamonte/SSG, Inc., f/k/a Stuart S. Golding Company; located at Montgomery Road at the entrance to the 434 Shopping Center f/k/a Goodings Plaza. (Charles Wetzel)

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

CONSTITUTIONAL OFFICERS’ REPORTS

CLERK’S REPORT

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

1. Expenditure Approval Lists, as shown on page _______, dated August 6 and 13, 2002; and Payroll Approval List, as shown on page _______, dated August 1, 2002.

2. Chairman to execute the following Satisfactions of Judgment for $40 Public Defender Application Fees:

Mary Bennett, Case #99-3885-CFA

Adria Brown, Case #99-9704-MMA

Patricia Ann Cason, Case #01-11801-MMA

David Conken, Case #01-13023-MMA

Ernest John Higgins, Case #00-4499-CFA

Bonnie M. Redmond, Case #00-3690-MMA

Antonio Manuel Rivera, Case #99-3156-CFA

Travis Antonio Vinson, Case #00-3016-CFA

3. Chairman to execute the following Satisfactions of Judgment for Court Costs:

Abner Jackson, Jr., Case #88-2476-CFA - $6,346.07

Arnold Alfredo Ocasiolucca, Case #96-2304-CFA - $77.28

Stephen Franklin Quinn, Case #00-1306-CFA - $745.50

Jessica Schnur aka Jessica Doucette Johnson, Case #94-1035-CFA - $105

4. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:

Dannitta Adams & Bankers Ins. Co. - $1,038

Casey Jo Dyke & Lexington National Ins. - $538

Trenton T. Logan & Lexington National Ins. - $538

Miguel Angel Rivera & Accredited Surety & Casualty - $538

Robert Myrle Rushmeyer & Accredited Surety & Casualty - $516

Robert Myrle Rushmeyer & Accredited Surety & Casualty - $538

Douglas Sippio & Continental Heritage Ins. Co. - $1,038

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

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

1. Memorandum to Sandy McCann, County Commission Records, from Denes Balo, Clerk’s Finance, submitting Clerk’s 2002/2003 Budget, as shown on page ________.

2. Memorandum to Denes Balo, Clerk’s Finance, from Sandy McCann, County Commission Records, acknowledging receipt of Clerk’s 2002/2003 Budget.

3. Performance Bond #29-07-60, as shown on page _______, in the amount of $423,730.66 for the Alaqua Lakes Phase 7 Subdivision.

4. Development Orders, as shown on page _______, as follows: #02-50000004 Anthony Bennett Guest Cottage; #02-50000003 Nelson Madruga Guest Cottage; #02-50000002 Joseph Newton Guest Cottage; and #02-50000001 James Hodges Guest Cottage.

5. Work Order #11, as shown on page _______, to PS-586-01.

6. Work Order #3, as shown on page _______, to PS-560-00.

7. Change Order #4, as shown on page _______, to FC-1125-00/BJC.

8. Work Orders #54 & #55, as shown on page ________, to PS-532-98.

9. Memorandum to BCC from Kevin Grace, County Manager, submitting correction of Capital Project Fund Transfer relative to Safety/RR Projects Countywide.

10. Memorandum to BCC from Kevin Grace, County Manager, Re: Capital Project Fund Transfer relative to Seminole Wekiva Trail.

11. Interoffice Memo to Sandy McCann, BCC Clerk’s Office, from Jeff Hopper, Senior Planner, Re: Beasley Rezone & Land Use Amendment, Thomas Daly.

12. Memorandum to Sandy McCann, Clerk’s Office, from Jerry McCollum, County Engineer, submitting Sidewalk Easements, as shown on page ________, for the following: Dennis & Linda Freeland and David and Marianne Marcello in conjunction with sidewalk installation along Tollgate Trail.

13. Advisory Bulletin from the Florida Association of Court Clerks/Comptroller, relating to amendment to Rule 12D-10.004 and 12D-10.0044, F.A.C.

14. Work Order #5, as shown on page _______, to PS-572-00.

15. CC-1187-02 Agreement, as shown on page ________, with Elizabethan Construction Services for Historical Museum Lighting & Electrical Upgrade.

16. Work Order #5, as shown on page _______, to PS-561-00.

17. Change Order #1, as shown on page _______, to FC-1163-01.

18. First Amendment, as shown on page _______, to Work Order #8 to PS-590-01.

19. Bids for PS-5118-02; CC-1187-02; PS-5120-02; RFP-4152-02; RFP-4165-02 and PS-5122-02.

JUDICIAL’S REPORT

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute the ADR Innovative Grant Application, as shown on page ________, for FY 2002-2003.

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

CHAIRMAN’S REPORT

Chairman McLain advised he will represent the BCC on the Canvassing Board for the September 10 Primary Election.

REGULAR AGENDA

Planning Manager, Matt West, addressed the Board to discuss the request by Mr. William Kirchhoff for approval of a billboard permit. He advised the Board directed staff to bring this item as a briefing item on June 11, 2002. He noted that there is a time line of events included in the agenda packet.

Chairman McLain suggested this be referred to a special master for mediation.

Upon inquiry by Commissioner Henley, Mr. West advised this is not the first time that a billboard permit has gone through the DRC process.

Mr. Fisher clarified that normally billboards do not go through the DRC process, but it has been done in the past when there were conditions that warranted it. He added that the Development Review Manager, on a few occasions, have required DRC review for billboards.

Brad Cooper, representing Mr. Kirchhoff, addressed the Board to advise he will answer any questions of the Board.

Commissioner Van Der Weide stated he likes the idea of sending this to the special master.

Commissioner Maloy stated that he remembers when this issue first came before the Board for rezoning, it was discussed at that time that this was a billboard site and that a previous billboard had been on the property. He said he would be in support of allowing the property owner to have the use of the property he came in for the first time; and bypass the special master altogether.

Commissioner Morris stated the first time the Board denied the zoning and it was the belief at that time that the property owner would not be able to get the billboard on the property.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to direct that a special master be appointed to review the billboard permit for property located at the northwest quadrant of I-4 and US Hwy. 17-92, near the St. Johns River, Bill Kirchhoff/property owner.

Under discussion, Commissioner Henley stated that ultimately the Board will make the decision and he would be surprised if the special master found any more information than what the Board already knows. He added that he agrees with Commissioner Maloy that the Board did rezone the property knowing what the requested use was; and he believes it is a matter of fairness.

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

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Matt West presented the Final PCD Master Plan and Developer’s Commitment Agreement for property located on the east side of Hunt Club Boulevard, ¼ mile north of SR 436, Shurgard Storage Center. He advised staff recommends approval.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the Final PCD Master Plan and Developer’s Commitment Agreement, as shown on page_________, for property located on the east side of Hunt Club Boulevard, ¼ mile north of SR 436, based on staff’s findings, Shurgard Storage Center.

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

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Director of Library & Leisure Services, Suzy Goldman, addressed the Board to request direction with regard to the parking lot for the Historical Museum Expansion Project.

Motion by Commissioner Morris, seconded by Commissioner Henley to direct staff to follow the recommendation of the Historical Commission with regard to the parking lot and to proceed with the Historical Museum Expansion Project as previously approved.

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

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Principal Coordinator, John Thomson, addressed the Board to present the Clas Minor Plat for property located between Orange Boulevard and Nevada Avenue, approximately 350 feet to the west of Maryland Street in Section 19, Township 19 South, Range 30 East, Manuel Clas. He advised staff is recommending approval.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the minor plat for the Clas Subdivision located between Orange Boulevard and Nevada Avenue, approximately 350 feet to the west of Maryland Street in Section 19, Township 19 South, Range 30 East, Manuel Clas.

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

COUNTY MANAGER’S BRIEFING

Mr. Grace advised that Item #68, public hearing for a land use amendment and rezoning for Hugh Harling, was mistakenly placed on today’s agenda. He stated it was continued until September 10, 2002 and will be heard on that date.

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David Medley, Community Assistance Manager, addressed the Board to introduce Ron Rose, President of the Central Florida Arts Council.

Mr. Rose addressed the Board to advise Jack Wert will be taking over as president after next month. He introduced the following who were in attendance: Mary Lou Andrews, Margot Knight, Fran Massey, and Linda Reynolds.

Jack Wert addressed the Board to give a PowerPoint presentation (copy of slides were received & filed) and to discuss the following: Economic Impact of Arts & Culture, Performing Arts, Visual Arts, Music, Festivals, Museums, Seminole Cultural Arts Council, License Plate Grant Program, Grant Categories and Criteria, Funding received from United Arts Grant, United Arts Funds Criteria, United Arts Grants Review Process, United Arts Funded Events for 2001/02, and Goals for 2002/03. A copy of the Cultural Arts Council newsletter was received and filed.

Upon inquiry by Commissioner Henley, Mr. Wert advised one of the Council’s goals is to begin doing some fund-raising events.

Commissioner Henley stated he believes the process for awarding grant applications is a good one, but he believes the process is a little skimpy on the post review. He said he would like to see the post review beefed up to the same level as the awarding review. He also stated that he is not happy with what is happening with United Arts with $50,000 going to one theater (Helen Stairs) and $20,000 going for administration to United Arts. He said he would also like to see more emphasis on visual arts.

Commissioner Maloy stated he believes the arts should be privately funded. He also stated that he does not see the need to give money to United Arts, who in turn, will take an administration fee. He added that he feels the administration fee is too much.

Commissioner Morris thanked the volunteer council for their efforts. He questioned if it would be better if the BCC funded Seminole Cultural Arts Council directly instead of giving the money to United Arts who takes a $20,000 administrative fee out of the funds before it is disbursed to the Seminole Arts Council.

Mr. Wert explained that there are some additional benefits they get from United Arts such as a research study United Arts is doing for the surrounding counties including Seminole County. He said he looks at that administration fee as a partnership fee.

Chairman McLain stated, in his opinion, art needs to be exhibited more in public facilities such as the new Criminal Justice Center that is being built. Discussion ensued.

Commissioner Van Der Weide stated he would like to see the cities get involved with this effort and possibly tie the County’s funding to matching funds participation.

Commissioner Van Der Weide left the meeting at this time.

Commissioner Henley suggested the Board recognize artists by doing a commendation resolution. The Board voiced no objections to directing the County Manager to explore the possibility of having a commendation resolution for artists.

Commissioner Henley also stated he would like to see the Council seek support from Seminole Vision.

Chairman McLain stated he would like to see some regional partnering for the Central Florida Zoo. He added that he believes Orange County needs to step up to the plate.

Commissioner Maloy stated he would like to discuss some of the United Arts issues that he has been receiving correspondence about.

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

Mr. Rose advised that the Council has become a member of the Florida Alliance for Arts Education (Brochure regarding same was received and filed).

Fran Massey addressed the Board to state she agrees with everything said by the Board this morning and believes the Council is turning the corner. She added that by next year membership will be increased and things will be happening in Seminole County.

Commissioner Van Der Weide stated the Board may want to follow the lead of Orange County Chairman Crotty and appoint a blue ribbon committee for raising money from corporate sponsors in Seminole County.

Margot Knight, United Arts, addressed the Board to advise they are in the process of two major research studies, which will benefit Seminole County.

Commissioner Maloy stated he knows that there is currently litigation regarding United Arts; but he is concerned that the terms of the County’s contract with United Arts are no being carried out.

Commissioner Morris stated that the United Arts litigation involves some serious allegations in terms of financial accounting and disclosure.

Commissioner Maloy reiterated he is concerned with the current contract and he would like to obtain a copy of the contract to ascertain whether the terms of the contract are being followed.

Mr. McMillan advised he will review the contract and meet with Mr. Grace on same.

Upon inquiry by Chairman McLain, Ms. Knight advised that because of threatened criminal action, United Arts started posting all of their meetings. She further advised that they have held back making all documents available in their office until the Court settles the issue.

The Board directed the County Attorney to review the United Arts Contract and bring it back for discussion on September 10, 2002.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the year four Alternative Surface Treatment/Unpaved Road Program as submitted, with staff to come back with the special concern roads and update the Board.

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

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The Chairman recessed the meeting at 11:20 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (with Commissioner Morris being late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

NASA PRESENTATION

Roy Bridges, Director, Kennedy Space Center, addressed the Board to state he appreciates the Board giving him an opportunity to discuss NASA’s recent activities. He stated he would like the Board to know how important Seminole County is as a community neighbor. He introduced Joan Morgan, Director of External Relations and Business Development.

Commissioner Morris entered the meeting at this time.

Mr. Bridges displayed a PowerPoint presentation and stated NASA is doing some pretty exciting things and he would like to invite the Board to visit the Space Center for a tour. He displayed and reviewed pictures of Kennedy Space Center’s 40^th anniversary and those who lost their lives on the Challenger. He stated NASA’s vision is to improve life here, to extend life to there and to find life beyond. He reviewed NASA’s mission and a brief overview of the Kennedy Space Center as outlined on the slides. He displayed and reviewed photographs of space launches and the international space station. He stated they are approaching the second anniversary of having people on this station and they are continuing to build the station as well as doing researches. He reviewed the Economic Impact of the Kennedy Space Center; the amount of money NASA contributes to universities in Florida; Space Experiment Research and Processing Laboratory and International Space Research Park; What NASA does related to Tourism; Cape Canaveral’s Spaceport of the Future; and photos of the things they are trying to put in perspective.

Chairman McLain expressed appreciation for Mr. Bridges’ presentation and stated he feels the Board will take him up on his offer to visit the Space Center.

Commissioner Henley stated he would like to commend NASA for their cooperation they have shown with the middle and high schools.

Mr. Bridge presented the Board with a framed photo commemorating the July 1985 Spacelab-2 Mission.

PROOFS OF PUBLICATION

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize filing of the proofs of publication for this meeting's scheduled public hearings.

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

EMERGENCY ORDINANCE

Sergeant Davidson, Sheriff’s Office, addressed the Board to present a request to adopt an Emergency Ordinance establishing no wake zones on the St. Johns River.

Richard Young, 221 Hamlin Dr., addressed the Board to speak in opposition to the Ordinance. He stated all of the signs along the St. Johns River say that it is federal property. He added the international law states that any river that connects the ocean that is navigable to the smallest amount by a canoe is federal property. He said the people who live along the river built in the flood zone and he doesn’t understand why they are not being fined for polluting the river. He stated he uses jet skis and a boat on the river once a month or every two months. The speed limit is not required because winds of 50 mph could blow two to three foot waves anyway.

Earnest Watson, 1870 Enterprise Road, addressed the Board to state he was born and raised in Volusia County and his father was a commercial fisherman and he was raised on the river. He stated he represents the St. Johns Central Bass Club and the problem he has with the idle zone is there are a lot of areas along the river that could be navigated at full speed. He said he understands that this idle zone will not be enforced from the I-4 bridge (Hwy. 415 to CR 46). There is no clarification about Snake Creek, just below Thornhill, and he feels this will not have an effect on any of the homeowners. This will impact businesses at Marina Isle. Robert Bronson owns Stokes Fish Market and no one has contacted him as to what impact this will have on commercial fishermen.

Sergeant Davidson clarified the areas between CR 415 and SR 46 will not be affected at all as well as the portion of Snake Creek. At the request of Commissioner Maloy, Sergeant Davidson indicated on the map the areas that will not be affected by the idle zone.

Upon inquiry by Chairman McLain, Sergeant Davidson advised the idle zone would only affect the entrance of Lake Harney up to Lake Jesup. He stated the Sheriff’s Office has marked the areas that will be enforced.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley to adopt Emergency Ordinance #2002-32, as shown on page ________, establishing no wake zones on the St. Johns River.

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 Seminole County Port Authority Budget for fiscal year 2002/2003, received and filed.

David Lanier, Jr., Chairman of the Port Authority Budget Committee, addressed the Board to present the proposed 2002/2003 Port Authority Budget. He reviewed the Port Authority’s 2002/2003 budget revenues projections and expenditure projections as outlined in Tabs 4 and 5 of the Port Authority 2002/2003 Budget booklet (received and filed).

Commissioner Henley commended Mr. Lanier for his report as they are doing a good job in managing the resources they have. He stated Mr. Lanier reported that the Port is going to pay off $170,000 of long-term debt and he would like to know what is the remaining amount of the debt.

Mr. Lanier advised there will be three other notes and he estimates that they total $500,000 or more. They are scheduled to be paid off in year 3 and 4 of the 5-year plan.

Upon inquiry by Commissioner Maloy, Mr. Lanier advised the majority of the SCOPA Board of Directors approved the budget but did not have five votes. He stated the Board of Directors reconvened their regularly scheduled monthly meeting and at that time they had five votes consistent with the legislation.

Upon inquiry by Commissioner Van Der Weide, Mr. Lanier advised the issue of approaching the State Legislation to redo the founding charter of the Port Authority has been discussed, but the Port has not taken any action on that.

Commissioner Morris stated if the SCOPA Board of Directors makes a determination to seek legislative relief, they will come before the Board of County Commissioners for approval of the recommendation and that determination will probably be made within 60 to 90 days. He stated the Board of Directors authorized him to speak to the Chairman of the Legislative Delegation to ascertain whether or not they do this under a local bill and keep a tight issue.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley to adopt the Seminole County Port Authority Budget for FY 2002/2003.

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

LAND USE AMENDMENT REZONE/Hugh Harling

Continuation of a public hearing to consider request for a Large Scale Land Use Amendment from Industrial to Higher Intensity Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for Loma Vista PUD, located on the west side of Aloma Avenue and east of the Greeneway, as described in the proof of publication, Hugh Harling.

Chairman McLain advised that this item has been continued to September 10, 2002 at 1:30 p.m.

APPEAL AGAINST BOA/Glen Whittacker

Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal against the Board of Adjustment (BOA) in denying a sign height variance from 15 ft. to 45 ft. above the elevation of the crown of the road; property located at 1231 Douglas Ave., Glen Whittacker, General Services, Inc., received and filed.

Cathleen Consoli, Planning, addressed the Board to present the request, stating the staff recommends the Board uphold the BOA’s decision as all criteria for granting a variance has not been met.

Commissioner Van Der Weide stated he was surprised to see that the BOA approved a Hess gas station sign in 2001 and staff is recommending denial for this request because it does not meet the criteria.

Matt West, Planning Manager, addressed the Board to state at that time staff took a position that they did not object to anything provided that the BOA could find a hardship to grant the variance. The basis for that approval was that sign existed and it was a matter of changing the face and not permitting a brand new structure.

Commissioner Van Der Weide stated the important thing is the Hess gas station had to go before the BOA to obtain a variance and this request is not even 50 ft. away and it is being denied.

Mr. West stated to convert that to an office would be very expensive and he didn’t feel that was a relative point in staff’s report.

Commissioner Maloy stated he feels that it is really unfair.

Upon inquiry by Commissioner Henley, Mr. Fisher advised the Hess gas station was approved for a height variance for an existing sign. He stated they replaced the sign at the same height.

Upon inquiry by Chairman McLain, Mr. Fisher advised if the variance had been denied, the action would have been to remove or lower the sign.

Attorney Meredith Harper, Shutts & Bowen, addressed the Board to state this site was a previously Kyoto Japanese steak house and one of the reasons it went out of business was because of the lack of patrons not being able to see the building from SR 434 or I-4. She stated the site uses a private driveway easement that four property owners have an interest in along SR 434. The first option the applicant has looked at is if they could obtain a sign along SR 434. The reason they could not place a sign on SR 434 is because it would be considered an off-site sign and the Land Development Code limits the ability to place off-site signs. She reviewed the criteria for granting variances. She stated her client purchased the property to continue to use it as a restaurant and the lack of a sign would hurt the Kobe restaurant economically.

At the request of Commissioner Morris, Ms. Harper displayed a picture and showed where the restaurant is located behind the canopy of trees.

Upon further inquiry by Commissioner Morris, Ms. Harper advised the restaurant is over a mile from the nearest residence.

Stan Bessmer, 1301 Glastonberry Road, addressed the Board to state all of the businesses along Fern Park have small signs and they are not elevated. He said he objects to the requested variance.

Commissioner Van Der Weide stated if he had his way, there wouldn’t be signs there, but he recognizes the need for them.

Upon inquiry by Commissioner Maloy, Mr. Bessmer advised his main objection is increasing the sign to 45 ft. He stated he would like to keep this County beautiful as they do not an over proliferation of signs.

Ms. Harper pointed out the Hess sign is 58 ft. in height and 144 sq. ft. and it has SR 434 frontage. The Ramada Inn sign is 36 ft. high and 192 sq. ft., and Pizza Hut is 32 ft. high, 140 sq. ft. She stated the reason the applicant is asking for the proposed height variance is because of the distance from SR 434.

Upon inquiry by Chairman McLain, Ms. Harper advised the sign will be two phases and lighted on both sides. She stated she doesn’t believe it will be visible from Markham Woods Road.

Commissioner Morris stated he doesn’t see a viable reason for lighting the sign along Markham Woods Road.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner Van Der Weide stated if he had his way, he wouldn’t have any signs other than the 15 ft. signs, but this is an extenuating circumstance.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to overturn the Board of Adjustment, thereby granting a sign height variance from 15 ft. to 40 ft. above the elevation of the crown of the road and 98 sq. ft. maximum; property located at 1231 Douglas Ave., as described in the proof of publication, Glen Whittacker, General Services, Inc.

Under discussion, Commissioner Henley stated he doesn’t think it is going to be worth the effort of putting the sign there. He stated there are a lot of businesses that are located on the adjacent streets and the signs are visible off the major roads.

Upon inquiry by Commissioner Morris, Mr. Fisher advised by granting the variance, it would not be classified as a nonconforming sign, but would be approved at the height that is granted.

Districts 1, 3, and 5 voted AYE.

Commissioners Morris and Henley voted NAY.

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Chairman McLain recessed the meeting at 3:15 p.m., reconvening at 3:30 p.m.

DISTRICT COMMISSIONERS’ REPORTS

Chairman McLain stated Commissioner Morris is going to have to leave in about 20 minutes, therefore, he is going out of order of the agenda so that Commissioner Morris can give his District report.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Resolution #2002-R-135, as shown on page ________, commending Dottie Burkett for her services to the Disability Advisory Council; and to appoint Humphrey E. Horn to serve for the remainder of the term.

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

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Commissioner Morris informed Commissioner Van Der Weide that the homeowners planted trees 4 ft. from the curb on West Wekiva Trail off of Hunt Club, and the Utilities Department has indicated that they have to be moved back 10 ft.

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Commissioner Morris stated Judge Gene Stephenson has requested that the Board attend the Adult Drug Court Graduation on Thursday, August 29, 2002 at 3:00 p.m. in Courtroom B at the Seminole County Courthouse.

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Commissioner Morris requested a briefing on the progress being made with Animal Control as a lot of things have changed since the relationship changed with the Humane Society.

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Commissioner Morris stated he has been contacted by two members of the Trails and Greenways Task Force relative to financial disclosure requirements. He stated the two members indicated that they prefer not to stay on this committee if they have to disclose this information.

Mr. McMillan stated he has discussed this with Commissioner Morris and the State and there is a provision in the Trails Advisory Board resolution, but the question in his mind is whether or not that was intended to impose an independent requirement of the Trails Committee. He said he recalls that at the time the resolutions were adopted, there were a lot of questions as to whether or not the committee had to file under the State statute. He stated his office suggested that the committee members contact the State to obtain a determination as to whether or not they are required to file under State statute. Apparently, the State kept changing the way they interpret the Statute on a yearly basis. Most of the committees do not have to report. Under the old Statute that was in place when this was created were those with land planning or natural lands responsibilities. He stated at the time the committee was being established, the State considered this a committee that had to report, therefore, that was what was put in the resolution. It is his understanding that the Statute has been amended and it was very specific as to who had to report, and this committee would not have to report under the current State statute.

Chairman McLain stated the Board could amend the resolution.

Commissioner Morris stated the reporting date for the members is September 1, 2002 and if they do not do that, they will be fined $25 a day. The Commission on Ethics has never retroactively dealt with any removal of a requirement.

Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised the Board could adopt a resolution deleting that provision.

Upon inquiry by Chairman McLain, Commissioner Morris advised he is in favor of removing that committee from disclosing the financial requirements.

Mr. Grace recommended having staff to check and see if there are other committees that need to be removed from disclosing the financial requirements.

Mr. McMillan stated changing the requirement would not relieve them of the responsibility of filing.

Commissioner Morris referred to Stephen Lee’s, Deputy County Attorney, memo dated 8/16/02, which he read into the Record.

Chairman McLain stated he would like to know for what committees the ordinance requires these financial disclosures, and if is there a reason why the County would want to have those financial statements filed even if the State does not require it.

Mr. McMillan stated the Board can remove the requirement now but if it was in place during the prior year, they will still have to file on September 1 because that is for the past year.

Commissioner Morris listed all of the boards that are not required to file and those that are required.

The Board directed Mr. McMillan to draft a resolution removing the requirement and to bring it back later this afternoon.

LAND USE AMENDMENT/REZONE/Mike Hattaway

Proof of publication, as shown on page _______, calling for a public hearing to consider request for a Small Scale Land Use Amendment from Medium Density Residential to Industrial or Planned Development; and Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); and approval of the Final PCD Master Plan and Developer’s Commitment Agreement; property located on the east side of SR 426, ¼ mile south of Chapman Road, Mike Hattaway/Tesinsky RV Storage, received and filed.

Jeff Hopper, Planning, addressed the Board to state the applicant is requesting approval of the land use amendment and rezone to allow a recreational vehicle storage facility. He stated staff feels that a Planned Development land use designation is most appropriate for the site. He said staff recommends approval subject to the following: (1) Permitted uses of the property shall be parking and storage of recreational vehicles and C-3 uses, except for certain prohibited uses such as communication towers, vehicle sales and contractor storage yards; (2) Subject property shall be screened on the east and south by an 8 ft. chain link fence with tennis-style mesh wind screening, and fences would be set back at least 15 ft. from the property line; (3) Developer shall install landscape buffers along the east and south property lines consisting of 4 canopy trees and 5 wax myrtle plants per 100 feet; (4) No inoperable, junked or abandoned vehicles shall be stored at the facility; and (5) Exterior lighting shall be located at least 50 ft. from the east and south property lines. He stated at the applicant’s request the Planning & Zoning (P&Z) Commission agreed to the following changes in the draft development Order: (a) Removing the requirement for a permanent irrigation system and the developer will agree to maintain landscape per code requirements and existing vegetation may count toward buffer requirements; (b) Lighting fixtures would be a maximum of 25 ft. in height; and (c) Public access to be prohibited between 10 p.m. and 5 a.m.

Upon inquiry by Commissioner Maloy, Mr. Hopper advised the Development Review Division indicated that there wouldn’t be a requirement to dedicate right-of-way or improve Church Street as long as the applicant is not proposing access directly onto Church Street.

Mike Hattaway, applicant, addressed the Board to display an aerial map of the property and stated the property behind the building shown is the area in question he would like changes made. He pointed out that the property owners have ownership on all sides of the property. The property to the east side is a 10-acre parcel and a power line easement and wetlands are on the south side. He stated he will not be touching that property at all. An existing business is located on the west and north side of the property. He said under the area of setbacks he has agreed to put up an 8 ft. chain link fence with a grain screen added. Staff is requesting that the fencing be 15 ft. from the east and south property line and he doesn’t believe that is necessary. He stated he is requesting that the fence be beyond the property instead of moving it in 15 ft. P&Z recommended that the light fixtures be 25 ft. in height and he doesn’t want to cause lighting pollution, therefore, he would recommend placing the light fixtures on the edge of the property line and shining them in.

Upon inquiry by Commissioner Maloy, Mr. Hattaway advised he would like to have the fence on the east and north property line and to the east, it will be screened so you will not be able to see behind it.

Upon further inquiry by Commissioner Maloy, Mr. Hattaway advised the property to the south is vacant and there are homes to the east. He stated he spoke with the property owners and they have no objections to that but would like the screening put up.

Upon inquiry by Commissioner Maloy, Mr. West advised the intent is to take 15 ft. of the exterior of the fence so that the exterior property owners have the benefit of landscaping.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2002-34, as shown on page ________, approving a Small Scale Land Use Amendment from Medium Density Residential to Industrial or Planned Development; and Ordinance #2002-35, as shown on page ________, approving Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); and approval of the Final PCD Master Plan and Developer’s Commitment Agreement, as shown on page ________; and approval of the Development Order, as shown on page _________, for property located on the east side of SR 426, ¼ mile south of Chapman Road, as described in the proof of publication, Mike Hattaway/Tesinsky RV Storage, with the following changes: eliminating the 15 ft. setback on the south property line and keeping a 15 ft. setback on the east property line; lighting will be determined at the site plan review; and deleting the permanent irrigation system.

Under discussion, Commissioner Morris asked if the motion maker would consider 10 ft. instead of 15 ft. on the east property line.

Commissioner Maloy stated he would recommend staying with the 15 ft.

Upon inquiry by Mr. West, Commissioner Maloy advised landscaping will be placed there as well.

Mr. Hattaway stated the P&Z agreed to a 5 a.m. public access.

Whereupon, Commissioner Maloy stated that is included in the motion as well as all of the additional staff recommendations.

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

Commissioner Morris left the meeting at this time.

REZONE/Gap Housing/Sherri Fragomeni

Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to R-3A (Multiple Family Dwelling District); property located west of Howell Branch Road, 1000 feet north of SR 426, Gap Housing/Sherri Fragomeni, Fragomeni Engineering, Inc., received and filed.

Ms. Consoli presented the request, stating staff recommends approval of the request subject to the following conditions: (1) The owner shall provide a masonry wall, or masonry wall with berm, to a height of 6 ft. along the west property line; (2) The owner shall provide a row of canopy trees with a minimum caliper of 2.5 inches an average of 3 inches, spaced 25 ft. apart along the west property line; (3) The project shall have a maximum net density of 9.8 units per acre and a maximum of 32 units; and (4) The project shall maintain a minimum of 25 percent open space as required by Section 30.1344 of the Land Development Code. Active and passive recreational amenities shall be detailed at the time of the final site plan.

Sherri Fragomeni, applicant, addressed the Board to state this is not going to be low-income housing and the townhouses will be for sale and not for rent.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2002-36, as shown on page ________, approving Rezone to R-3A (Multiple Family Dwelling District); property located west of Howell Branch Road, 1000 feet north of SR 426, as described in the proof of publication, Gap Housing/Sherri Fragomeni, Fragomeni Engineering, Inc., subject to staff findings, and approval of the Development Order, as shown on page ________.

Districts 1, 3, 4 and 5 voted AYE.

ORDINANCE/REDUCING COMMUNICATIONS TAX RATE

Proof of publication, as shown on page _______, calling for a public hearing to consider request to adopt an Ordinance reducing the communications tax rate from 5.1% to 5.0%, received and filed.

Cindy Hall, Fiscal Services Director, addressed the Board to present the proposed ordinance.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2002-33, as shown on page ________, reducing the communications tax rate from 5.1% to 5.0%, as described in the proof of publication.

Districts 1, 3, 4 and 5 voted AYE.

DISTRICT COMMISSIONER’S REPORT (Continued)

Commissioner Maloy updated the Board on the Lynx Rail work session and he stated the interesting thing is Congressman Mica had concerns with the light rail going up I-4. He stated Congressman Mica was in favor of moving forward with the demonstration project on commuter rail. Congressman Mica felt very strongly that light rail should go down I-Drive. Congressman Mica’s main priority is looking at issues of helping existing transit systems.

Chairman McLain stated the County has been working on the rail initiatives for over 10 years and Congressman Mica has worked very hard in bringing revenue here for mass transit. He stated he feels that Seminole County has the money to pay their fair share for the commuter rail project and this is something they need to focus on.

Commissioner Van Der Weide stated he feels that Congressman Mica has made one more attempt, as a wake up call to their neighbors, that commuter rail is one they can get funded as a test project. Seminole County is way ahead of the game and they are in the process of initiating it.

Commissioner Maloy stated there was some discussion of having a joint meeting with MetroPlan in January, and Lynx is putting together a funding workshop on light rail in November and he will keep the Board posted. He stated Congressman Mica expressed interest in looking at funding for a rail study with regard to moving commercial rail traffic around Orlando.

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Commissioner Maloy reported that Governor Bush appointed Phil Tua to the West Orange Airport Authority.

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Commissioner Maloy stated he took a trip to Tallahassee with some citizens of Oviedo to discuss the issue of certificate of necessity for a hospital in the Oviedo area. The Administrative Law Judge did not indicate what he will do. The first hospital hearing went through 5 days of testimony and after he had left, the hearing was going to go for another 5 days. He stated it will take about three months to get the official verdict back from the State. The Administrative Law Judge will make a recommendation and then forward it to the State for their review.

COMMUNICATIONS AND/OR REPORTS

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

1. Email dated August 18, 2002 from Margot Knight, United Arts to Concerned parties RE: Update on United Arts “front burner” issues. (cc: Board, County Manager, Deputy County Managers)

2. Letter dated August 13, 2002 from Rachel Carnicelli, Deputy City Clerk, City of Sanford to State, County, City and Utility Company Officials RE: annexation of 2.410 acres at 2901 Marquette Ave. and 64.41 acres at 800 Vihlen Road. (cc: Board, Planning & Development Director, Planning Manager, Supervisor of Elections)

3. Copy of letters dated August 12, 2002 from Jane E. Peterson, Library Services Manager to Ms. Dorothy D. Smith, Sober Won Group and The Arthur J. Gallagher Foundation in appreciation of recent donations. (cc: Board, Library & Leisure Services Director)

4. Letter dated August 6, 2002 from Carla G. Sims, FDOT Traffic Safety Administrator to Chairman RE: Selection of Seminole County to receive Highway Safety Grant funds for Occupant Protection Education. (cc: Board, County Manager, Deputy County Managers, Traffic Engineer for response)

5. Contract for services, as shown on page ________, between Seminole County and Jonathan Thaens, Michael W. Connelly Sr., Franisco J. Cuadra, Valerie R. Pfister, James Bowen, Connie P. Street, David A. Suarez, William J. Lehnert, Robert Bowen, Harlan Rosenberg, Colleen M. Luce, Theresa L. Walburger, Brian Amber, II, Lawtence L. Norton, Richard W. Gizelbach, David W. Smith, Walter Ellingsworth, Jr., R. Stephen Rollins, Evan L. Starcher, T. Fred Westbrook, Roger R. Berube, Jr., William E. Damon, Wayne D. Pattillo, and Martin M. Keller for scorekeeping and umpire services.

6. Copy of Memo dated August 21, 2002 from Doris-anne Freeman, City Clerk, Altamonte Springs to County Manager, Supervisor of Elections and others as listed RE: Annexation of property at 430 West Drive approved by the City Commission. (cc: Planning)

7. Notice of Public Hearing at the City of Oviedo to consider site development for a Walgreens at River Oaks Reserve to be held on Thursday, September 5, 2002. (cc: Board, Planning & Development Director, Planning)

8. Copy of email dated August 21, 2002 from Bruce McMenemy to Margot Knight, United Arts RE: Clarification of request for copies of Seminole County’s contract with United Arts. (cc: Board, County Manager, Community Services)

9. Letter dated August 19, 2002 from Jean J. Collock to Chairman RE: the success of the recent “Got Milk” Regional Soccer finals at Sylvan Lake Park. (cc: Board)

10. Letter dated August 18, 2002 from Bruce McMenemy to Board and County Manager RE: clarification and concerns regarding his public records request to United Arts.

11. Copy of Memo dated August 23, 2002 from Becky Noggle, Environmental Services to Sandy McCann, County Commission Records RE: Submissions into County Records. (cc: Board, County Manager, Deputy County Manager, Environmental Services Director)

COUNTY MANAGER’S REPORT

Mr. Grace stated with regard to Mr. Kirchhoff’s billboard permit issue, he would like to request the Board authorize staff to use the same hearing officer previously used.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to appoint the same hearing officer previously used for Mr. Kirchhoff’s billboard permit issue.

Districts 1, 3, 4 and 5 voted AYE.

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Mr. Grace stated the Growth Management law passed last year that a School Board member needs to be appointed to the Planning & Zoning Commission. He stated staff needs direction as to whether they should be a voting or non-voting member.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the appointment of a School Board member to be a non-voting member to the Planning & Zoning Commission.

Districts 1, 3, 4 and 5 voted AYE.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Resolution #2002-R-136, as shown on page _______, removing the Financial Disclosure requirement for members of the Trails and Greenways Advisory Committee.

Districts 1, 3, 4 and 5 voted AYE.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:25 p.m., this same date.

ATTEST:______________________Clerk______________________Chairman

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