BOARD OF COUNTY COMMISSIONERS

Maronda Systems, Resolution #2007-R-148

Pershing, LLC, Resolution #2007-R-149

Wells Fargo Auto Finance, Inc., Resolution #2007-R-150

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

Commissioner Van Der Weide presented the Resolution to Bill McDermott, Economic Development, who summarized what the businesses have done for the County in contributing capital, investments, creating jobs, and their absorption of new and leased space.

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Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Resolution #2007-R-151, as shown on page _______, recognizing the village of Geneva for their community efforts to maintain and recognize rural character and heritage.

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

Commissioner Carey presented the Resolution to Richard Creedon along with Mary Jo Martin, Geneva Historical and Genealogical Society; Chris Stapleton, Vice President of the Geneva Citizens; and Cindy Simonton, President of the Geneva Historical Society. Mr. Creedon expressed thanks for the Board’s continued support of the village and their efforts to try to maintain their rural heritage.

Ms. Martin, on behalf of the Society, thanked the Board for recognizing their rural heritage that is so important in their village, and for the Board’s support in helping them maintain the integrity of the rural area for all the citizens of Seminole County.

Mr. Stapleton thanked the Board for celebrating the rural heritage that is rich, living and ongoing. He said with the Board’s support and recognition, they can go on and help make Geneva Island a rich educational asset for Seminole County for future generations to respect, understand and celebrate the rich cultural heritage that has gone on for over 100 years.

Commissioner Carey said Geneva has a wonderful museum, and she encouraged others to attend it and to become members of the Historical Society, as she is.

Chairman Henley said the group has been dedicated to preserving their heritage and persistent in their efforts to watch over their neighborhood. He expressed thanks to the group for their diligent efforts.

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Mayor John Bush, Co-Chair of the SeminoleWay Committee, addressed the Board to express thanks for giving him the opportunity to speak today presenting SeminoleWay, a community partnership to create a strategic land use and economic development plan focused on attracting high value/high wage jobs and businesses to Seminole County along the 417 Corridor and across I-4 to the Port. He gave credit for planting the seed for this initiative to Bill McDermott, who sat with him in a meeting about Innovation Way and asked why they couldn’t do this in Seminole County. He also thanked Mr. McDermott for helping the city of Winter Springs in their recent contribution to the UCF Incubator. Mayor Bush explained how this committee was put together through the Seminole County Regional Chamber of Commerce. He said Ivey & Associates were brought in because he called Innovation Way to find out information from them and learned that Ivey & Associates did the planning for that project. Since they are located in Lake Mary, the Committee thought they would be a good organization to be associated with for this project. He said the Chamber provided the initial funding for Ivey & Associates. He stated this is a public/private initiative, and the Seminole Chamber and the Oviedo/Winter Springs Chamber are supporting it. He advised the sole purpose is to promote economic development in the County. He gave a PowerPoint presentation (not received and filed) on the Participants; Endorsements; Goal & Objectives; The Study Area(s); and the Situation as a Result of County Planning Efforts.

Tom Green, Colonial Properties Trust, addressed the Board to continue the presentation with the Result of Planning Efforts; The Situation Summary (of the 417 Corridor); SeminoleWay Study Deliverables; Study Elements; and Request (asking for a Seminole County Commission motion to support this economic development initiative and take action to invest in this effort with the SeminoleWay Committee serving in an advisory capacity).

Chairman Henley thanked Mr. Green and Mayor Bush for their interest in the County and economic development. He said he supports the concept, but there is a significant difference between what Mayor Bush is asking for and what happened on the I-4 Corridor. He stated Jeno Paulucci was the prime mover for the I-4 Corridor with the interchange at 46A. They don’t have that same situation of a “kick” start. He said they also need to understand the situation the Board is in at this particular time. He said the Board’s major emphasis for economic development will be the 17-92 CRA strip and the Airport. They have also taken on the task for the Commuter Rail. Additionally, they have to be prepared to have money to build the rail stations. His point is that time-wise, this is not good for the Commission. He said the Board just barely balanced the budget by a significant number of cuts, and they will have to cut more next year. He believes the budget will be presented to the public next year as balanced, but with 2% reserves and that is extremely dangerous. They are also facing the September 12 session of the Legislature that has not been kind to the cities and local governments. The County may have another $1.2 million cut because the State is still trying to push the cost of Medicare/Medicaid to local governments which has always been a federal and State project. Further, he said the Board met last week with the Planning Committee for the CRA and attempted to move that forward at a greater pace. He said the County is making quite an investment in the infrastructure. He noted that the International Parkway and I-4 Corridor were not done by going out and paying an exorbitant fee to a consultant, but the primary planning was done by County staff and the Board in cooperation with the city of Lake Mary. He said he is not opposed to this venture and he thinks all of this is going to come, but from the standpoint of investment by the County, this would be tremendous. He doesn’t mind taking the lead to do some planning and so forth.

Mayor Bush this is a long-term item, and he can only speak for Winter Springs. Their Commission set aside some money for economic development for the first time. He assumes that Sanford and Oviedo would do the same. He said he doesn’t expect the County to pull the full load. He thinks the cities have a responsibility as well and they will benefit a great deal if this develops. He said they will “play ball” with the County. He thinks they can get some support from the private community as well. He understands that everybody is under budget constraints, but he thinks they have to put that aside for something like this because this is an investment in their communities and County.

Commissioner McLean gave the historical perspective on this initiative. He said the reason the Committee took the route of seeing that there was community support before coming to the BCC was because they didn’t want to waste the Board’s time. They wanted to be sure this was not going to be a political or Chamber initiative, but it has to be a community initiative for it to work. Their thoughts were if they found that to be the case, then they would bring the information to the BCC for their consideration. He said their contention on the Committee was that because of the uncertain environment posed by the Legislature and budget constraints, this is exactly the right time to examine their assets, resources and round inventory to use those resources to the very best and highest capability. They need to make those plans now, because they don’t know what may be coming down the pipe from Tallahassee and that may affect the decisions they can make today. He said this is a multi-jurisdictional process and not just the County. They want to be sure that all parties feel they have a seat at the table and that their concerns are being heard. They thought having an objective source, any consultant, was important in that process. He said I-4 did not happen by chance but was planned. They hope to do the same thing for 417, and that is the goal of this Committee. He and the Committee feel there is a different environment now than it was with I-4. The fact they are working with four separate governmental entities in this case is not quite the same as what was done with I-4. He said there are more players in this scenario and there is also much less diminished land inventory. Because they don’t have as much land to consider, they have to be extra careful to make sure they make the proper decisions with what they have left. Further, he said there are initiatives, like Hometown Democracy out there, that could change the way the County does business. He said those were some of the focuses they looked at and said they needed someone who could look at this from an objective standpoint, and with input from the Planning Departments of all the interested parties, to be able to move this forward. The Committee came to the conclusion that the County has always prided itself on working on multiple fronts for the citizens, as long as it has community support. They honestly thought that SeminoleWay is such a nice fit to the 17-92 initiative and the Airport. Regarding the idea of letting this land fill in naturally, he said the Committee’s suggestion was that the inventory that is left is too valuable to be left by chance. They wanted to be sure they have a consistent, common approach to set up a corridor that they absolutely know what they are getting into; and the development community would say they understand the game and how it’s going to work, and it will be easy for them to do business whether they were in the County, Sanford, Oviedo or Winter Springs. He said some of the land owners are already involved with the 45-person committee and they have had multiple meetings as a large committee and many more meetings as a small core committee. They understand that owners don’t want to see a concept but want to see actual fact. What they want to do is bring the land owners into the process and give them a product to consider as opposed to saying, come on board and we’ll give you the details later. Commissioner McLean said they don’t want to get into a definitive cost. He believes, and it is the Committee’s view, with all the discussions with the Ivey Group, that they bring a unique skill- set to be considered a single source in this scenario.

Commissioner Carey said she is glad the Committee has brought this back, as it was talked about when the Board had the joint work session with Winter Springs that they would work toward trying to plan so that something on the Seminole County’s side would happen along 417. She said for many years, they have debated which comes first, development or the roads and in most cases the roads come first. This is exactly what has happened on this 417 extension. She said the public/private partnership established to start this is exactly the way this needs to continue. She thinks the idea of hiring a consultant to come back and bring them a product does not work quite as well as having their own staffs. She said sometimes things don’t happen quickly in government because the staff is busy doing other things that are priorities. She stated the Planning Department has been preoccupied with other projects and many of the Board members have been preoccupied with the tax situation and how they are going to balance their budgets. She said the Board can direct the County staff to work with the staffs of Winter Springs, Sanford, and Oviedo as well as the Port Authority and the Airport. She said these two agencies should not be excluded as being funding partners either. She said the staffs may need a consultant to help facilitate that and, in that case, the County already has consultants on board and that saves time. She thinks if the BCC decides to move this project forward and the cities and the BCC can meet together and come up with agreements on how they are going to do this, they can make this happen without expending a tremendous amount of money. She said she agrees in concept, as well, that this is an important process and with the Hometown Democracy threat, if the cities and County agree on what the future land use should be for that corridor, they can administratively change that to the Comprehensive Land Plan prior to anything coming down through Hometown Democracy. She pointed out there were three or four major players that controlled all the property along Seminole County and I-4 and that is not the case along 417. She said she would like to see this move forward, but would like to approach it differently than hiring a consultant to come back and give them the answer. She would like to direct the staff to meet with the cities’ Planning staffs and get this project moving forward and determine if they need a consultant, what the scope would be and how they would go about doing that.

Chairman Henley said Commissioner Carey made some very good points, and he agrees with the approach she has suggested. He said the same cities mentioned are the same ones the County is in partnership with on the CRA when it was set up as a priority and he doesn’t want to divert the attention away from there. He said the County has quite an investment in that already. He thinks the staff, in conjunction with the other staffs, can come back with a critical path approach as to what they should do.

Commissioner Carey said redevelopment vs. virgin development are two totally different things and different groups in the development community. She doesn’t think they should divert their efforts on 17-92 because that, too, is a very important corridor.

Commissioner Van Der Weide stated no one is suggesting they give up on 17-92 and the CRA redevelopment. He is hearing that all the Board is supporting SeminoleWay in concept and he thinks the hang-up is how they are going to fund this initiative. This has come to them by some community leaders and he’s not sure they can pass it up; and if they do, the public is going to suffer down the road. He said not to worry about money at this point, because they can go back to the drawing board and determine how they’re going to raise the money. The other thing he is concerned with is bringing this in-house. He said he doesn’t think the County has the capability for that with a lot of new planners and they will be losing some very good planners. He thinks this is too visionary for the future to just drop the project. He doesn’t think they can afford to let the State dictate what they do at the local level.

Commissioner Dallari commended everyone who has been involved up to this date. He reiterated that successes don’t happen by accident, you have to plan for them; and he believes Seminole County definitely plans for the future. He said they need to move forward. He believes having this come in-house and putting a plan together is where Commissioner McLean, as well as the rest of them, was heading to. They need to find out what vacant or redevelopment land is available. There are some stakeholders they need to establish to see what partners are going to be able to assist them. He said he is not familiar with the Ivey Group, but for contracts they need to find out if they can legally hire the Ivey Group. He would like to move forward with this in some fashion to actually develop a time line on how they can move forward and keep everyone abreast of it. He has no problem with people still being involved as they always encourage the citizens to be involved.

Chairman Henley advised the Mayors and Managers met the other day to talk about growth and voted to attempt to engage Phil Laurien, with the East Central Florida Regional Planning Council, to work with the cities with the County to implement the principles of the “How Shall We Grow?” effort. One of the theories that came out of that was the development of corridors, which is being talked about with 417. He thinks it is important for the Board to be aware that they will probably get a recommendation to join with a city. The group instructed him and Ms. Coto to work with Mr. Laurien to come back with a definite proposal for the group to review and, if they are in agreement, they will be going to the various governmental agencies for their endorsement. This is in line with what’s now being talked about. He said it’s true what’s been said and the only thing he would caution is the timetable and just how much the staff can accomplish with all that’s on their plate now. He doesn’t think this is something that’s going to happen overnight.

Commissioner Carey said she thinks the County has a great Planning staff and, under Ms. DeBord’s leadership, this is not something that couldn’t be initiated by the staff. She has a problem picking a dollar amount out of the air and saying they’re going to spend “X” amount of dollars without even knowing what the scope and deliverables are. She said she supports the project and would probably support it moving forward immediately if they do it by having County staff meet with the city staffs, develop a scope and determine what the parameters of the scope are; and then see if they have consultants on board who can do this or not. She doesn’t think they can just say they are going to give a contract for $350,000 to someone without competitively bidding it. She won’t support just doing that, but will support giving staff direction.

Commissioner McLean apologized, saying his intent was not to ramrod the process, but to put something on the table to discuss. He said he agrees that the first step is to use the County resources they have and those of the other associated entities. The Committee talked about the Ivey Group because they have been so involved with them in the beginning and because of the association with Innovation Way, they felt comfortable with looking at considering them from a sole source perspective. He stated no one knows what this is going to cost. The $350,000 figure was used because that was the initial discussion with Innovation Way. They had hoped to assign staff to have them take a look to see if the Ivey Group can be justified. If staff is comfortable, then direct them to bring back a contract with them for the Board to consider and approve. He said the RFP process takes time and his thought is they can bring it back in a reasonable time and decide whether the Ivey Group makes sense or not. They can go to the RFP process after that. He said the Board would have to waive the competitive bid requirements.

Chairman Henley asked Mr. McMillan if the Board had the prerogative to arbitrarily say they will sole source a project.

Mr. McMillan said there are provisions in the Purchasing Ordinance for waiving the procedures if the Board determines it is in the best interest of the County to do so, unless the services covered by this proposal would be covered by CCNA. Unless there is an emergency, the Board would have to use the statutory procedure. If this is not a CCNA project, the Board has some discretion to go ahead and waive the Purchasing Ordinance procedures, but he would not recommend they do it arbitrarily.

Commissioner Carey said this is something that would fall under CCNA and that is the way they have to compete that. That is why she suggested moving this forward through the staff working with the cities. She said if they use a consultant already under the County’s master agreement, they would eliminate the RFP process. She thinks they’re losing focus on what’s important--is it important to hire the Ivey Group or to move SeminoleWay forward. She thinks it’s important to move the initiative forward and doesn’t want to lose sight of what they’re trying to do.

Motion by Commissioner Carey, seconded by Commissioner McLean, to direct staff to come forward with a scope; the cities’ Planning staff working with the County’s Planning staff, to come back to the Board with what they believe is a scope for an outside consultant, if that’s what needed; and the Board will look at consultants already under the master agreement before staff comes back; staff will recommend to either go with the RFP process or to sole source; and that this will come back to the Board as soon as possible.

Under discussion, Commissioner Dallari added for staff to identify any private or public funding sources or partners, as well as a timeline for the whole project.

Commissioner Carey said she would like to see this back within 30 to 60 days.

Mr. Green asked if the SeminoleWay Committee could continue to serve in an advisory capacity. Whereupon, the Board’s consensus was for the Committee to continue in that capacity.

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

COUNTY MANAGER’S CONSENT AGENDA

Ms. Coto advised of add-on item #3A, Confirm appointment of Library Services Director. She also noted a change in the cost to Item #11, Intergovernmental Work Agreement between Seminole County and the University of Central Florida, to the reduced amount of $85,000, and said the scope has also been reduced. She said Item #16, Technical revisions to the Local Housing Assistance Plan and submission to the Florida Housing Finance Corporation, is pulled from the agenda and staff will bring this item back at a future date. She further said that the document for Item #44, 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency, was replaced with a new document.

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

County Manager’s Office

3A. Confirm appointment of Jane Peterson as the Library Services Director effective August 29, 2007, at an annual salary of $86,966.88.

Administrative Services

Purchasing and Contracts

4. Approve Amendment #1, as shown on page _______, to PS-5102-01/BJC with PBS&J, Inc., Orlando, Florida to increase the not-to-exceed amount to $975,000.00 over the term of the agreement for various professional services related to the development and implementation of the Total Maximum Daily Load (TMDL).

5. Award RFP-2086-07/DRS, as shown on page _______, in the amount of $238,900.00 to C.E.M. Enterprises, Inc. of Apopka, Florida, for the design selection, construction and all engineered electrical and mechanical drawings required for the construction of a 1,548 sq. ft. pre-engineered metal building at Seminole County Animal Services.

6. Accept offer and authorize the sale of the 0.15 acre lot with 3,100 SF pre-fab metal/concrete building located at 100 Seminola Boulevard, Casselberry (Property ID #05-21-30-517-2800-0150), to Can Gulenay, Inc. of Casselberry, Florida ($101,000); Contract, as shown on page _______.

7. Award CC-2167-07/BHJ, as shown on page _______, in the amount of $2,577,022 to Prime Construction Group, Inc. for all labor, materials, equipment, transportation, coordination and incidentals necessary for the drainage improvements, milling and resurfacing of approximately 1.906 miles of Bear Lake Road located in Seminole County, beginning south of the intersection of Bear Lake Road and State Road 436 toward Bear Lake.

8. Award CC-2213-07/LKR, as shown on page _______, in the amount of $254,865.19 to Expertech Network Installation, Inc. of Boca Raton, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary to connect to the existing 8- inch water main at the intersection of U.S. 17-92 and O’Brien Avenue and to construct approximately 236 feet of new 8-inch water main (approximately 180 feet will be directional bore installation) along the south side of O’Brien Avenue to Jaffa Drive.

9. Approve the negotiated rates and award PS-1742-07/BLH, Design Services for Subdivision Rehabilitation Program, as shown on page _______, to Carter & Burgess, Inc. of Orlando, Florida (estimated usage $500,000 per year) for preliminary and final engineering design services for rehabilitation of public structure within selected unincorporated Seminole County residential subdivisions.

10. Approve the ranking list and authorize staff to negotiate rates for PS-1903-07/BLH, Master Agreement for Continuing Design Services for Landscape Architecture and Irrigation Design Services, with Miller Legg of Winter Park, Florida and David Wickham & Associates, Inc. of Lake Mary, Florida.

Business Innovation Technology Services

Business Development

11. Approve and authorize the Chairman to execute the amended Intergovernmental Work Agreement, as shown on page _______, between Seminole County and the University of Central Florida (UCF) for an amount not to exceed $85,000.

Community Services

CDBG

12. Approve and authorize the Chairman to execute the Seminole County/The Center for Affordable Housing, Inc. HOME Program Community Housing Development Organization Affordable Housing Development Agreement for Program Years 2005-2006 and 2006-2007, as shown on page _______, to develop fifteen (15) affordable town homes in Sanford for very low and low income homebuyers.

Community Assistance

13. Approve and authorize the Chairman to execute the Community Service Block Grant (CSBG) Contract Modification, as shown on page _______, with an additional award amount of $8,691 to the originally approved $230,056 contract awarded from The Department of Community Affairs; and the approval of the additional $174 cash match required.

14. Approve and authorize the Chairman to execute the Community Service Block Grant (CSBG) application, as shown on page _______, in the amount of $230,401, a cash match of $20,431 and an in-kind match of $25,648 to total $276,480.

15. Approve and authorize the Chairman to execute Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program: Keith L. and Penny Freeman; Rebecca P. Angle; Barbara Bradford; Michelle D. Green, Willie Mae Harvey; Julie Lawrence; Dana Martin; Pauline Stevens; Thomas and Patricia Williams; and Kathryne A. Wyman.

16. Pulled from the agenda the request to approve technical revisions to the Local Housing Assistance Plan ("LHAP") as described and authorize the Community Development Office to submit the attached technical revisions to Fiscal Year 2004-2005 of the Three Year 2004-2007 SHIP Local Housing Assistance Plan to the Florida Housing Finance Corporation (FHFC).

Economic Development

Tourism

17. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Crappie Masters, Inc. for the 2008 Florida State Crappie Championship in the amount of $20,000.

Fiscal Services

Administration

18. Approve and authorize the Chairman to execute the State Homeland Security Grant Program (SHSGP) Sub-Recipient Agreement, as shown on page _______, between Seminole County and the Department of Financial Services/Division of State Fire Marshal, which provides for the maintenance and sustainment of the State’s emergency response Mutual Aid Radio Cache (MARC) Unit.

19. Approve submittal of a grant application to the Florida Department of Environmental Protection requesting $200,000 through their FRDAP Grant Program for renovations to Wilson's Landing Park; and authorize the County Manager to execute supporting documents.

20. Approve submittal of a grant application to the Florida Department of Environmental Protection requesting $150,000 through their Innovative Waste Reduction and Recycling Grant Program for the Composting Pilot Project; and authorize the County Manager to execute supporting documents.

21. Approve submittal of a grant application to the US Department of Homeland Security requesting $2,530,200 through their SAFER Grant Program, and authorize the County Manager to execute supporting documents.

Budget

22. Approve and authorize the Chairman to execute a Budget Amendment Resolution #2007-R-152, as shown on page _______, BAR #07-72, to increase the Community Services Block Grant Fund in the amount of $9,090 and increase the General Fund Reserves in the amount of $225.

23. Approve and authorize the Chairman to execute a Budget Amendment Resolution #2007-R-153, as shown on page _______, BAR #07-85, to the Sewer Connection Fees Fund in the amount of $145,751 to provide additional funding for the Greenwood Lakes Reclaim Tank 2.

24. Approve and authorize the Chairman to execute a Budget Amendment Resolution #2007-R-154, as shown on page _______, BAR #07-86, through the Stormwater Fund in the amount of $400,000 to recognize increased funding from the St. Johns River Water Management District for the Sweetwater Cove Tributary project.

25. Approve and authorize the Chairman to execute Budget Amendment Resolution #2007-R-155, as shown on page _______, BAR #07-87, through the Public Safety Federal Grant Fund in the amount of $19,649 to increase funding for the Public Safety Federal Grant program.

26. Approve and authorize the Chairman to execute Budget Change Request, BCR #07-25, through the General Fund in the amount of $649,660 to fund the Telephone System Refresh - County Services Building project.

27. Approve and authorize the Chairman to execute Budget Change Request, BCR #07-26, through the Transportation Trust Fund in the amount of $41,563 to provide additional funding for mowing services.

Library Services

Administration

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

Planning and Development

Development Review

29. Authorize the release of the Deer Run Villas aka The Villas at Deer Run Maintenance Bond #6360542-1 in the amount of $22,994.90 for the Deer Run Villas aka The Villas at Deer Run road improvements.

30. Authorize the release of Performance Bond #024-010-905 in the amount of $932,520.60 for Clifton Park Subdivision, as requested by Ryland Homes, applicant.

31. Adopt and authorize the Chairman to execute Resolution #2007-R-156, as shown on page _______, vacating and abandoning a portion of the public utility easement situated at the rear of Lot 128, Deer Run Unit 12 “B”, as recorded in Plat Book 37, Page 82, of the Public Records of Seminole County, Florida, and further described as 4391 Weeping Willow Circle, Casselberry, Florida; Hesham Z. Abudaif and Mona A. Abdelmalak, applicant.

32. Approve and authorize the Chairman to execute the final plat for Westwood Village Shopping Center located on the north side of W. SR 46 and west of N. Oregon Street in Section 29, Township 19 South, Range 30 East.

Public Safety

EMS Fire Rescue

33. Approve and authorize the Chairman to execute the Agreement, as shown on page _______, between Skanska, USA Building, Inc./The Super Channel and the Seminole County EMS/Fire/Rescue Division, for use of the building located at 123 E. Central Parkway, Altamonte Springs, FL, for the purpose of training in fire and rescue operations on high-rise facilities.

Public Works

Engineering

34. Approve and authorize the Chairman to execute Lease Agreement #4363, as shown on page _______, with the Board of Trustees of the Internal Improvement Fund of the State of Florida for the Seminole County Midway Regional Stormwater Recreational Facility (IFAS Site).

35. Approve and authorize the Chairman to execute a Mitigation Credit Purchase Agreement, as shown on page _______, for the purchase of freshwater herbaceous mitigation credits by Seminole County from Wekiva River Mitigation Bank, LLC, for the Orange Boulevard Improvement Project; and authorize payment of $2,200 to Wekiva River Mitigation Bank for the purchase of 0.02 mitigation credits.

36. Adopt Resolution #2007-R-157, as shown on page _______, accepting a Quit Claim Deed, as shown on page _______, from New Tribes Mission, Inc., a Florida Corporation, not-for-profit, to Seminole County for property needed to install a sidewalk along Celery Avenue (County Road 415).

37. Approve and authorize the Chairman to execute a Second Amendment, as shown on page _______, to the Agreement between the St. Johns River Water Management District (SJRWMD) and Seminole County for the Sweetwater Cove Tributary to the Wekiva River: Sediment Control Project (Contract #SE621AA).

Roads-Stormwater

38. Approve and authorize the Chairman to execute DEP Agreement No. S0341, as shown on page _______, between the State of Florida Department of Environmental Protection and the Seminole County Board of County Commissioners to provide funding for efficiency monitoring of three regional stormwater facilities (RSF's).

Commissioner Dallari asked for clarification on Item #5, Award RFP-2086-07/DRS to C.E.M. Enterprises, Inc. of Apopka, Florida, to know what needs the HVAC system will address.

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

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Chairman Henley recessed the meeting at 10:47 a.m. and reconvened it at 11:02 a.m.

Constitutional Officers’ Consent Agenda

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

Clerk's Office

39. Approval of Expenditure Approval Lists dated July 23, 30 & August 6, 2007, and Payroll Approval List dated July 26, 2007, as shown on page _______; approval of BCC Minutes dated July 24, 2007; and noted, for information only, the following Clerk’s “received and filed”:

1. Amendment #1, as shown on page _______, to Work Order #66 for PS-5165-04.

2. Work Order #5, as shown on page _______, to PS-1074-06.

3. Amendment #1, as shown on page _______, to Work Order #9 for RFP-0013-05.

4. Letter to Clerk of Court, Tax Collector and Helen Hernandez from the Assistant General Counsel, St. Johns River Water Management District, regarding Certificate No. 1796, Dreyfuss Interstate Development Corp.

5. Maintenance Bond, as shown on page _______, in the amount of $6,938.63 for SR 434-Panera Bread-Altamonte aka Mobile Manor.

6. Work Order #7, as shown on page _______, to PS-1529-06.

7. First Amendment, as shown on page _______, to CC-1252-04, Stage Door II, Inc.

8. First Amendment, as shown on page _______, to CC-1741-07, CEM Enterprises, Inc.

9. Fourth Amendment, as shown on page _______, to CC-1267-05, KMG Fence, LLC.

10. Assignment, as shown on page _______, of RFP-600097-06, Employee Assistance Program Agreement.

11. Change Order #3, as shown on page _______, to CC-1449-06.

12. Work Orders #51 and #52, as shown on page _______, to PS-5120-02.

13. Change Order #2, as shown on page _______, to Work Order #1 for CC-1075-06.

14. Change Order #3, as shown on page _______, to CC-0256A-06.

15. Second Amendment, as shown on page _______, to RFP-4259-05, Beck Disaster and Recovery Services, Inc.

16. Fourth Amendment, as shown on page _______, to RFP-4127-01, Grubbs Emergency Services, LLC.

17. Second Amendment, as shown on page _______, to RFP-4127-01, DRC Emergency Services, LLC.

18. Work Order #2, as shown on page _______, to RFP-4259-05.

19. Change Order #1, as shown on page _______, to CC-1416-06.

20. Work Order #6, as shown on page _______, to PS-1074-06.

21. Certified Tennis Pro Agreement, as shown on page _______, with Sarah Harkins.

22. Change Order #1, as shown on page _______, to CC-0751A-06.

23. Contract RFQ-600177-07, as shown on page _______, Exide Technologies.

24. Second Amendment to RFP-4259-05, as shown on page _______, CPH Engineers.

25. Second Amendment, as shown on page _______, to CC-1252-04, Parthenon Construction Co.

26. Letter of acceptance and Bill of Sale, as shown on page _______, for the project known as Willa Springs Ph.2, Lot 5.

27. Denial Development Order, as shown on page _______, for Nora Martinez, Lot 9, Virginia Avenue.

28. Work Order #42, as shown on page _______, to CC-1267-05.

29. Recorded Temporary Subordination of Utility Interests and Subordination of Utility Interests, as shown on page _______, City of Altamonte Springs, as approved on Feb. 28, 2006.

30. Change Orders #4 and #5, as shown on page _______, to CC-0256A-06.

31. Development Orders as follows, as shown on page _______,: Charlotte Vogel, Atlantic Avenue, Lot 168; David Gardner, Emmett Avenue (Lot 76); Jacob & Angela Berkbigler, 5545 Ligustrum Loop; Herman & Sherry Rigdon, 2960 Lowery Drive; Wayne & Debby Bushkin, 4591 Whimbrel Place; Ray & Joan Coleman, 1323 Monte Lane; Darryl & Gay Alice Taylor, 2219 King Alpines Ct.; Derrick Sims, 602 Longmeadow; David & Shirley Gurney, 2642 Tierra Circle; Robert R. Taylor, 490 Whittingham Place; James M. & Bonnie L. Urichko, 7034 Arbor Court; Thomas E. & Kimberly M. Osment, 370 Radebaugh Court; Sustainable Dev., LLC, 102 Lake Minnie Drive; Joseph J. Battaglia, 2454 Castlewood Road; and Holy Trinity Greek Orthodox Church, 1217 Trinity Woods Lane.

32. Work Orders #8 and #9, as shown on page _______, to PS-1501-06.

33. Amendment #1, as shown on page _______, to Work Order #64 for PS-5165-04.

34. Work Order #10, as shown on page _______, to PS-1529-06.

35. Work Order #6, as shown on page _______, to PS-5169-04.

36. First Amendment, as shown on page _______, to the City of Oviedo Joint Planning Agreement, approved on April 24, 2007.

37. Memorandum to Sandy McCann from Liz Parkhurst, Planning & Development, regarding outstanding documents.

38. Letters to and from the Purchasing Department regarding RFP-600209-07, as shown on page ______.

39. Maintenance Agreements and Letters of Credit, as shown on page _______, in the amount of $64,900.72 for Hanover Pointe, and in the amount of $50,000 for Vantage Point, as shown on page _______.

40. Letter to Maryanne Morse, Clerk of Circuit Court, from William O. Monroe, Auditor General, transmitting copy of Operational Audit of Florida Bright Futures Scholarship Program for fiscal year ended June 30, 2006.

41. Contract #M-2199-07, as shown on page _______, Sunrise Systems of Brevard, Inc.

42. Addendum #1, as shown on page _______, to the West Lake Supercenter PCD Developer’s Commitment Agreement.

43. Addendum #2, as shown on page _______, to the Colonial Center Heathrow PUD.

44. Contract M-2352-07, as shown on page _______, Urban Dynamics, Inc.

45. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with ABC Liquors, Inc. and Sunshine Lake Mary, LLC.

46. Letters of acceptance and Bills of Sale, as shown on page _______, for the projects known as The Villas at Chase Groves, Hanover Pointe and Vantage Point.

47. Right of Entry Agreements, as shown on page _______, for Lots 22 and 32, Sanlando Estates, JEMM Construction, LLC.

48. Addendum #1, as shown on page _______, to the Amended and Restated Colonial Grand at Heathrow Reserve Final Master Plan Developer’s Commitment Agreement.

49. Development Order, as shown on page _______, for Palm Ranch, Inc./Rolf Bergmann, Rivercrest PUD.

50. 2007-2008 Cultural Facilities Program Application, as shown on page _______.

51. Memorandum to Sandy McCann from Jerry McCollum, County Engineer, submitting fully executed copy of the Supplemental Local Agency Program Agreement, as shown on page _______, with FDOT, as approved on Jan. 9, 2007.

52. Certificate of Title, as shown on page _______, for The Preserve at Lake Charm.

53. Amendment #2 to Work Order #34 and Work Order #49, as shown on page _______, to RFP-4214-04.

54. Work Order #19, as shown on page _______, to PS-0381-06.

55. Certificate of Completion, as shown on page _______, for CC-1809-07.

56. Notices from the Public Service Commission regarding Docket No. 060368-WS, Aqua Utilities Florida, Inc.

57. Work Order #11, as shown on page _______, to PS-1529-06.

58. Work Order #48, as shown on page _______, to RFP-4214-04.

59. Recorded Conservation Easement, as shown on page _______, for Vantage Point Properties.

60. Original and amended Letters of Credit, as shown on page _______, for Grande Oaks in the amount of $1,293,033 and additional Letter of Credit, as shown on page _______, in the amount of $46,628 for Grande Oaks.

61. Title Insurance Policy and General Warranty Deed, as shown on page _______, for CR 15 (Monroe Road), Frances E. Galloway.

62. Title Insurance Policy and Permanent Drainage Easement, as shown on page _______, for CR 15 (Monroe Road), Edgar Bruce, Mary Ann Bruce, Lisa B. Cannavino and Laura B. Patrick.

63. Title Insurance Policy, General Warranty Deed and Temporary Construction Easement, as shown on page _______, for CR 15 (Monroe Road), Joseph and Sandra Gorman.

64. Title Insurance Policies, General Warranty Deed, Drainage and Utility Easement, Sidewalk Easement, Trust Affidavit, Partial Release of Mortgage and Subordination, Consent and Joinder of Easement, as shown on page _______, for CR 15 (Monroe Road), C. William Harkins.

65. Bids as follows: RFP-2086-07; CC-2213-07; RFQ-600187-07; CC-2167-07; #600220-07; CC-2059-07; RFI-600219-07; and Presentation Handouts for PS-2084-07 and PS-1905-07.

Sheriff's Office

40. Approval to expend $5,000 from the Law Enforcement Trust Fund to provide for a contribution to Seminole County TRIAD.

41. Approval to expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution to Elizabeth House, Inc.

42. Approval to expend $5,000 from the Law Enforcement Trust Fund to provide for a contribution to Central Florida Dream Center.

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

Regular Agenda

Meloney Lung, Support Services, addressed the Board to request authorization to negotiate the purchase of land for the Jetta Point Park Project (Parcel # 04-21-31-300-002E0000), 1005 Jetta Point, Winter Springs, Charles Clark.

Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize staff to negotiate with Charles Clark, owner, the purchase of land for the Jetta Point Park Project (Parcel # 04-21-31-300-002E0000), 1005 Jetta Point, Winter Springs.

Under discussion, Commissioner Carey stated this parcel is land-locked and the value seems to be high. She said staff might want to get a second opinion on the appraisal before they get into negotiations.

Ms. Lung said she will meet with the County Attorney’s Office about that.

Chairman Henley asked if the authorization is for the amount stated.

Commissioner Dallari clarified his motion is to negotiate and if staff feels they need to get another appraisal, they can do that.

Upon inquiry by Commissioner McLean, Ms. Lung advised Mr. Clark has approached AT&T, but he is in negotiations with Nextel for a cell tower site.

District Commissioner McLean stated if the County is going to utilize the 1.5 acres, they want to be able to use the entire parcel as opposed to having to work around a cell tower. If Mr. Clark is going to negotiate with the County, hopefully, he will eliminate the other venture.

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

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Dori DeBord, Planning & Development Director, addressed the Board to present the request to approve and authorize the Chairman to execute the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency. A copy of the new agreement was received and filed. Ms. DeBord stated this is the agreement that will go to the School Board and cities. She said Section 12.7, Reserve Capacity Statement, was revised with a minor modification but the rest of the agreement is the same.

Mike Rigby, Planner for Seminole County Public Schools, addressed the Board to answer Commissioner Carey’s question on what is permanent capacity. He also answered questions by Chairman Henley on the number of portables that will not qualify and how many student stations there are.

Ms. DeBord advised Commissioner Carey that the document spells out a formula that is what will be followed to calculate the dollar amount. She said the formula lays out very clearly how much the developer will be responsible for and each student station.

Mr. Rigby further answered the question by Commissioner Dallari on how they set the concurrency service area.

Ms. DeBord also advised Commissioner Carey that the BCC would need to make appointments next year to the oversight Board that is mentioned in the agreement.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency, as shown on page _______, with the cities of Longwood, Altamonte Springs, Oviedo, Winter Springs, Lake Mary, Sanford, and Casselberry and the School Board of Seminole County.

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

COUNTY MANAGER’S BRIEFING

Jerry McCollum, County Engineer, addressed the Board to seek direction on the Board’s interest in creating a policy for signing and lighting of trail overpasses and/or tunnels, based on the information listed, for inclusion in the Administrative Code. He reviewed the three areas for lighting, signs for directional purposes and decorative features on structures, such as placing four flags on the overpass. He advised the staff’s recommendation is that, unless there is a safety reason or they run into aviation-type lighting, they leave the structures the way they were designed. The city of Winter Springs was an exception. He said if the Board directs, this policy will go into the Administrative Code, and his office will work with the County Attorney’s Office on what the language would be.

Chairman Henley asked Mr. McCollum to comment on Winter Springs putting in lighting on the Overpass and who is going to pay for it. Mr. McCollum said Winter Springs is responsible for the maintenance activities and it is clear that is for anything in terms of flags, any lighting that goes on the structure and any power bill.

Mayor Bush described his idea for the four flags and lighting for the Winter Springs overpass.

Commissioner Carey said she wants to make sure the correct protocol is followed and that the City is going to pay the light bill.

Mayor Bush advised Chairman Henley that he will get the letter to him approving the trail route to go down by the lake.

Commissioner McLean said he is concerned that they are eliminating any possibility to be able to put logos or any identifiers on the County structures.

Mr. McCollum said staff do their best to adhere to the design approved by the BCC. The designers look at what they feel fits the area. He explained it was after the contract was awarded that the city of Lake Mary came forth with putting some type of sign on the bridge. He told the city about a year ago that the County was not looking at doing that. He said, however, they did not have a policy at that time.

Under discussion, Commissioner McLean said he would like to have an “out” in the policy where the Board can look at these under special circumstances, because they don’t know what the future may hold.

Mr. McCollum said if the Board directs to bring this forth in the Administrative Code, that type language could be placed in the Code.

Commissioner Dallari clarified that in the absence of Winter Springs meeting the flag protocol, the County would go in and remove the flags.

Chairman Henley said the unanimous consensus of the Board is for staff to proceed with the principle for a policy for signing and lighting of trail overpasses and/or tunnels, based on the information provided, for inclusion in the Administrative Code; and the BCC will discuss this further when the item comes back before the Board at a future meeting.

Commissioner McLean stated he would like to see some flexibility regarding signage for all future designs the Board looks at.

COUNTY ATTORNEY’S BRIEFING

Mr. McMillan advised he received a letter from the labor counsel and they, as a group, will leave Akerman Senterfitt to go with the firm of Fisher & Phillips. They will be leaving on Saturday (September 1, 2007). He was asked to execute a document regarding the labor counsel taking the County’s files with them to their new firm. Mr. McMillan said it doesn’t make sense to leave the files behind from the people working with them, and they have been working for the County for 20 years.

Chairman Henley said he talked to the firm and understood that governmental contracts would move over Fisher & Phillips. Akerman would not keep them.

Commissioner Carey asked at what point is this contract coming up for renewal.

Mr. McMillan advised the County has a continual contract. The Board has chosen not to go out to bid on the labor counsel contract in the past. The County has had a continuing letter agreement with this labor counsel even before he came to the County. He said if the Board wants to go out for a RFP (request for proposal), the going rates now are between $200 and $240 per hour. He was going to suggest that their request for an increase to $230 an hour is now moot. He assumes the rate will stay at $190 unless he gets a request from the labor counsel.

Commissioner Carey said she would like to make sure staff confirms that the current rates stay in place. If not, the Board will discuss about whether or not to go out to bid.

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Chairman Henley recessed the meeting at 11:44 a.m., reconvening at 1:33 p.m. this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen 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 Carey 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.

APPEAL AGAINST BOA,

JANET WORK, CONTINUED

Continuation of a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a side yard (south) setback variance from 10 feet to 6 feet for an existing room addition in PUD (Planned Unit Development District), for property located at 2521 Thicket Ridge Court, as described in the proof of publication, Janet Work.

Planner, Denny Gibbs, addressed the Board to give a history of the appeal, advising in 2004, the applicant constructed a 10.5 foot by 11.83 foot addition without securing the proper building permits; and requested a side yard setback variance from 10 feet to 6 feet after the fact. The BCC continued this item from the July 24, 2007 meeting in order to allow the applicant an opportunity to work with the homeowners association through a mediation hearing. She further advised that the mediation hearing was unsuccessful in solving the problems. She stated that she has received seven letters in opposition.

District Commissioner Van Der Weide advised he has received ten letters in opposition to the appeal.

Chairman Henley advised the BCC does not enforce homeowner association rules and regulations and any discussion regarding same is irrelevant. He added that this hearing is on whether or not the appeal should be granted based on the County’s criteria.

Attorney Glenn Roy, representing Mr. & Mrs. Work, addressed the Board to submit, for the Record, an information packet (received & filed). He reviewed the information with the Board, showing an aerial photograph of the subdivision depicting how close the houses are to each other. He briefly discussed a copy of Addendum #2 listing development commitments for Sabal Point, including Patio Homes in Tracts H-L requiring a 10-foot setback between buildings. He stated that also in the packet is information that the roof overhangs are allowed to encroach into the ten-foot setback. He said that the Works did not believe the structure required a building permit. He further stated that during mediation, the HOA asked for a monetary settlement.

Chairman Henley advised Attorney Roy that discussion of the mediation hearing is not relevant to the BCC.

Attorney Roy stated he disagrees with the Chairman’s ruling. He continued his presentation by briefly discussing the pictures of the addition that were included in the packet. He said that there are several letters in support of the variance in the packet, including the next door neighbor. He stated that there are other encroachments in the subdivision that are being ignored. He further stated that there is a significant cost factor in removing this structure and he would accept the conditions of the proposed order, should the Board grant the appeal.

Robert Work, 3269 Sunset Valley Court, addressed the Board to speak in support of the appeal asked for by his parents. He submitted a letter (received & filed) in support of the appellants.

Tom Snow, 2624 Bent Hickory Circle, addressed the Board to state he is opposed to granting the appeal, because he believes it will set a dangerous precedent. He said there is a requirement for a 10-foot separation because of safety reasons. He said the structure was constructed without the proper permits and was constructed by an unlicensed contractor.

Maryann Seery, 2618 Bent Hickory Circle, addressed the Board to speak in opposition, stating this is a self-imposed action by the Works. She said she believes the County code should be enforced and she sees fire as a big safety concern.

James Billotte, 577 Longview Place, addressed the Board to state he is also opposed to the appeal for the same reasons as previously stated.

Mitzi Seem, 2505 Last Tee Court, addressed the Board to speak against the appeal, stating she believes it is quite a fire hazard.

Barbara Labiak, 2643 Bent Hickory Circle, addressed the Board to state she agrees with everyone in opposition to the appeal.

Tisa Wible, 2658 Bent Hickory Circle, addressed the Board to speak in opposition, stating this will create a precedent and fire hazard.

Wayne Hunicke, 547 Timber Ridge Dr., addressed the Board to advise he is speaking on behalf of the Sabal Point Community Services Association. He stated the granting of this appeal will set a dangerous precedent, not only because it is a violation of the deed restrictions but because it is a violation of the County code. He said they are all concerned about the bigger picture and would request the Board deny the appeal and uphold the staff’s recommendation.

Attorney Roy stated the HOA does not consider four feet between houses to be a fire hazard. He said this is a golf course community that has no golf course and the HOA does not seem to be concerned about that. He further said there are bigger issues for this subdivision than the Work’s property. He added that the fire concern is a “red herring”.

No one else spoke in support or in opposition.

Speaker Request Forms and Written Comment Form were received and filed.

District Commissioner Van Der Weide stated he has met with the appellants and with residents opposed to the appeal. He said there is no way to get around the fact that they built this structure without a building permit and without a licensed contractor, which is clearly in violation.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to deny the Appeal, thereby, upholding the Board of Adjustment’s decision to deny a side yard (south) setback variance from 10 feet to 6 feet for an existing room addition in PUD (Planned Unit Development District), located at 2521 Thicket Ridge Court, as described in the proof of publication, Janet Work.

Under discussion, Commissioner Henley stated he will be supporting the motion because the six criteria for granting the variance have not been met.

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

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The Chairman recessed the meeting at 2:15 p.m., reconvening it at 2:20 p.m.

CONSIDERATION OF REQUEST TO VACATE &

ABANDON R/W, SEMINOLE COUNTY SCHOOL BOARD, Cont.

Continuation of a public hearing to consider a request to vacate and abandon that portion of the unimproved public rights-of-way known as Spruce Street, Linden Avenue, Walnut Avenue, and two 14-foot wide unnamed alleys as shown on the plat of Replat of Section 1, Sanford Grove, located north of SR 46 and east of Brisson Avenue, in Section 32, Township 19S, Range 31E; as described in the proof of publication, as shown on page _______, Seminole County School Board.

Planner, Cynthia Sweet, addressed the Board to present the request, advising staff has no objections to the request.

Scott Stegall, representing the School Board, addressed the Board to advise he will answer any questions.

No one else spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-158, as shown on page _______, vacating and abandoning that portion of the unimproved public rights-of-way known as Spruce Street, Linden Avenue, Walnut Avenue, and two 14-foot wide unnamed alleys as shown on the plat of Replat of Section 1, Sanford Grove, located north of SR 46 and east of Brisson Avenue, in Section 32, Township 19S, Range 31E, as described in the proof of publication, Seminole County School Board.

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 2007-2008, received and filed.

Andrew Van Gaale, Seminole County Port Authority Administrator, addressed the Board to present the proposed budget for FY 2007/08, stating they have had a great year. He said they will be giving the County a check in the amount of $1 million next month.

Commissioner Dallari stated the Port and the County have worked very well together and he would like to express his thanks to Mr. Van Gaale and the Authority for all their hard work. He also recognized the past Administrator, Dennis Dolgner, who was in the audience.

Commissioner Carey requested the Port money be given directly to SCC for small businesses.

Chairman Henley advised the money has to go into the County’s General Fund, but it is budgeted to go to SCC.

County Attorney, Robert McMillan, briefly discussed the requirement for the money to go through the General Fund of the County first.

Upon inquiry by Commissioner McLean, Mr. Van Gaale advised the Port is debt-free and has had very few vacancies.

No one else spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve the Seminole County Port Authority Budget for Fiscal Year 2007/2008, as described in the proof of publication.

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

CONSIDERATION OF THE NON-AD VALOREM

ASSESSMENT ROLL CERTIFICATION

Proof of publication, as shown on page _______, calling for a public hearing to consider the 2007 Non-Ad Valorem Assessment Roll, received and filed.

Kathy Moore, Fiscal Services, addressed the Board to request approval.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-159, as shown on page _______, and Certification, as shown on page _______, adopting the 2007 Non-Ad Valorem Assessment Roll, as described in the proof of publication.

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

CONSIDERATION OF REQUEST TO VACATE &

ABANDON EASEMENT, KRISTEN DENTLER

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of a platted 15-foot wide drainage and utility easement at the rear of Lot 73, Lakes of Aloma Subdivision, in Section 31, Township 21S, Range 31E, Kristen Dentler, received and filed.

Planner, Brian Walker, addressed the Board to present the request, advising staff recommends approval of the vacate.

Patrick Dentler, applicant, addressed the Board to advise they have received approval from all the appropriate utility companies.

No one else spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-160, as shown on page _______, vacating and abandoning a portion of a platted 15-foot wide drainage and utility easement at the rear of Lot 73, Lakes of Aloma Subdivision, in Section 31, Township 21S, Range 31E, as described in the proof of publication, Kristen Dentler.

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

CONSIDERATION OF A REQUEST TO VACATE &

ABANDON R/W, PAM & MELVIN OLSON

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the unimproved public right-of-way known as Garda Avenue in Section 31, Township 19S, Range 30E, Pam & Melvin Olson, received and filed.

Planner, Brian Walker, presented the request, advising staff recommends approval of the vacate.

Upon inquiry by District Commissioner Carey, County Engineer, Jerry McCollum, addressed the Board to advise, to the best of his knowledge, there are no plans for the County to improve the roadway. However, he will take a look at the other roads in the area including this right-of-way.

Discussion ensued with regard to the easement that is running down the middle of the road. Attorney McMillan advised if the Board grants the vacate, the action should be subject to a ten-foot drainage easement being provided to the County from the half of the vacated right-of-way the applicant gets.

Pam Olson, applicant, addressed the Board to state she is requesting the vacate so that she can improve her driveway. She said she acknowledges the 10-foot easement.

Debra Knight, 1571 Garda Avenue, addressed the Board to state she has a problem getting to her property on the subject road. She said that she is opposed to the vacate because it would cut off access to her property. She further said that she has been waiting for the County to improve the road back to her property because there is a problem with fire and law enforcement getting to her.

Lewis Knight, 1571 Garda Avenue, addressed the Board to state he and his wife have owned their property since 1990 and he does not think it is fair that the Olsons, after having purchased their home a year and a half ago, and want to close the road off. He said they have put a tent and boat in the middle of the road and have further cut off access.

Ms. Olson stated she would love to have the County improve the road, but they told her they were never going to do it. She said there are big pine trees in the middle of the road. She added that she wants to be a good neighbor and would not have a problem working out something with the Knights.

Upon inquiry by the Chairman, Ms. Olson advised that there is a temporary tent covering the boat and she can move it.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Carey expressed her concern about the Knights not having adequate access to their property and questioned if the County could go in and clean out the road and stabilize it with shell. She stated she would like to continue the public hearing so that staff can find a way to open up the road.

Mr. McCollum stated he will go out and look at the road; but unless it is an emergency maintenance situation, the County cannot work on the road because it has not been accepted by the Board. He cautioned the Board that if they open up the road, the County accepts responsibility for it.

Ms. Coto stated that opening the road could set a precedent.

Attorney McMillan advised there are hundreds of miles of platted roads in the County that have not been accepted by the County for maintenance. If the Board accepts a single road in a plat, then it accepts all the roads in the plat and the County then becomes responsible and liable for the maintenance.

Motion by Commissioner Carey, seconded by Commissioner Dallari to continue until September 25, 2007, consideration of a request to vacate and abandon a portion of the unimproved public right-of-way known as Garda Avenue in Section, Township 19S, Range 30E, as described in the proof of publication, Pam & Melvin Olson.

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

REQUEST TO REZONE FROM A-1

TO C-2, CPH ENGINEERS

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to C-2 (Retail Commercial) for 0.37 acres located on the southeast corner of North County Road 427 and North State Road 417, CPH Engineers, received and filed.

Planner, Herman Wright, addressed the Board to present the request, advising the applicant is requesting the rezoning in order to combine the subject property with an abutting parcel currently zoned C-2. The proposed development of the two parcels is for a 100-room hotel. He further advised the P&Z Commission unanimously voted to approve the rezoning and staff recommended approval also.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt Ordinance #2007-32, as shown on page _______, approving rezoning from A-1 (Agriculture) to C-2 (Retail Commercial) for 0.37 acres located on the southeast corner of North County Road 427 and North State Road 417, as described in the proof of publication, CPH Engineers.

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

CONSIDERATION OF TEXT AMENDMENTS

RE: PUBLIC SCHOOL FACILITIES & CONCURRENCY

Proof of publication, as shown on page _______, calling for a public hearing to consider proposed Text Amendments to the Vision 2020 Comprehensive Plan, including the Public School Facilities Element and amendments to the text of the Capital Facilities, Implementation and Intergovernmental Coordination elements to the State Department of Community Affairs; and consideration of the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency, received and filed.

Planner, Sheryl Stolzenberg, addressed the Board to present the proposed Text Amendments, stating although the School District retains the responsibility for the provision of educational facilities, State law requires a more detailed effort to ensure the coordination of land use and school facility planning.

Commissioner Carey asked staff to review the document for typos before it is transmitted.

No one spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve transmittal of the proposed Text Amendments to the Vision 2020 Comprehensive Plan, including the Public School Facilities Element and amendments to the text of the Capital Facilities, Implementation and Intergovernmental Coordination elements to the State Department of Community Affairs, as described in the proof of publication; and approve the 2007 Interlocal Agreement, as shown on page _______, for Public School Facility Planning and School Concurrency between the County, the Cities of Altamonte Springs, Longwood, Lake Mary, Sanford, Winter Springs, Oviedo, and the Seminole County School Board.

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

CHAIRMAN’S REPORT

Chairman Henley distributed information (copy received & filed) regarding the Tri-County League of Cities opposition to the Hometown Democracy Amendment.

DISTRICTS COMMISSIONERS’ REPORTS

Commissioner Dallari requested that the Board of Adjustment item heard last night regarding a 120-foot flag pole (Tim O’Shaughnessy/TBCOM Properties) be brought before the BCC.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to schedule a public hearing before the BCC for consideration of a 120-foot flag pole (Tim O’Shaughnessy/TBCOM Properties) which was heard by the Board of Adjustment on August 27, 2007.

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

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Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to direct staff to post “No Parking” signs on McCulloch Road on UCF game days.

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

The Board requested the County Manager respond to UCF regarding same.

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Commissioner Dallari requested Board consensus for staff and him to work with the City of Oviedo to define Transition Area 3 along the urban boundary. The Board, by unanimous consensus, agreed to same.

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Commissioner Dallari announced the Seminole Cultural Arts Council is holding a fundraising event on October 13 at Seminole Harley-Davidson called “Howl for the Arts”. He said there is a basic mask kit for each elected official to decorate and the masks will then be auctioned off.

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Commissioner Dallari advised the Board of the Piano Bank Gifting Program by Steinway Galleries in Altamonte Springs, stating the project provides reconditioned pianos to students who have met the qualifications, demonstrated a financial need, and been identified by music teachers in Seminole County schools. He further advised that one student from each of the five Commission Districts will receive a piano on September 16 and he invited all Commissioners to attend the award ceremony.

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Commissioner McLean reminded the Commissioners that the Helen Stairs Theatre will be hosting “Encore” and that an appreciation ceremony for the BCC will be held prior to the play at 6:30 p.m.

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Commissioner Carey advised the “Black Tie on the Wild Side” event at the Central Florida Zoo on August 25 was very successful and raised $125,000.

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Commissioner Carey recognized the local automobile dealership that won the prestigious Saturn Summit Award.

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Commissioner Carey announced that tickets are available for the 2nd Annual Domestic Violence Awareness fundraiser to be held on October 4 at the Lake Mary Marriott. The guest speaker will be Nicole Brown Simpson’s sister (Denise Brown).

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Commissioner Carey wished everyone a happy Labor Day.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 8/17/07 to Noranne Downs, FDOT District 5 Secretary, from Chairman re: Transportation Regional Incentive Program, SR 434 Interstate 4 to Range Line Road.

2. Copy of letter dated 8/17/08 to Nelson Benefits Group (with original correspondence attached) from Ray Hooper, Purchasing and Contracts Manager, re: Employees Benefits protest letter.

3. Memorandum dated 8/13/07 to Interested Person from Sandra Smith, Chief Planner-City of Casselberry, re: Legacy Park Planned Development meeting on August 22, 2007. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director)

4. Petition memorandum, as shown on page _______, dated 8/13/07 from the Residents of East Red Bug Road re: Opposition to the OBEDA Property rezone.

5. Copy of letter dated 8/14/07 to Mayor Buddy Dyer, City of Orlando, from Chairman re: Central Florida Regional Commission on Homelessness.

6. Copy of letter dated 8/10/07 to Larry Dale, President-Orlando Sanford Airport, from Dori DeBord, Planning & Development Director, re: Lynx bus route changes affecting the airport.

7. Contract for services, as shown on page _______, between Seminole Co. Government and the following: Robin Neilen (Umpire slow pitch softball); Steve Seither (Umpire softball); Joel Lipscomb, Jr. (Umpire softball); Joel Lipscomb (Umpire slow pitch softball); Francis Bussey (Keep score); Wayne Borak (Umpire); Gerald Smith (Keep score); Delma Rosa (Keep score); Wade Cook (Umpire); Jared Boop (Umpire slow pitch softball); Larry Sprick (Umpire); Gayle Collins (Umpire softball); Paul Neal (Umpire slow pitch softball); Lisa Pierce (Umpire); Joseph Malta (Umpire); and Randy Stephens.

8. Notice from the City of Lake Mary for public hearing on August 28, 2007 for The Enclave at Tuscany. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director)

9. Memorandum dated 8/22/07 to BCC (with attachments) from Jennifer Bero, Grants Administrator, re: Notification of Grant Award.

10. Letter dated 8/22/07 to Chairman from Debby Torres, Director of Community Affairs-Early Learning Coalition of Seminole, re: Appreciation for matching funds.

11. Letter dated 8/17/07 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Public Hearing for annexation adoption. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Supervisor of Elections, Property Appraiser)

12. Copy of letter dated 8/13/07 to Governor Charlie Crist from Michael Barr re: Resignation as Supervisor Group 4, Seminole Soil and Water Conservation District. (cc: BCC)

13. Copy of letters dated 8/22/07 from Tad Stone, Director of Public Safety, re: Appreciation for recent donations to the following: Veronica Muth; Christine Pellicane; Melissa Pineiro; Susie Plakon; Jacqueline Ricks; Adele Rivelli; Jill Rundle; Cornelius Sampson; Michael Schultz; Ronald & Helga Schwarz; Jerry Sharp; Jennifer Toohey; Constance & Stephen Williams; Richard & Susan Wilson; Lia Zilavetz; Charles Bower; Debbie Brock; Michael Cohn; Dorothy Hanson; George McMahon; Cameron Parker; and Tammy Risinger.

COUNTY MANAGER’S REPORT

County Manager, Cindy Coto, advised at the last Mayors and Managers Meeting, Phil Laurien of the East Central Florida Regional Planning Council made a presentation regarding myRegion.org and how its components work into the Comp Plan and land uses. He offered to work with the County and cities to put together a scope of work for $35,000. She said that $35,000 will be split eight ways, between the cities and the County.

Ms. Coto stated the other issue that came up during that meeting related to Property Tax Reform. She advised the Community Information Department is working with Property Appraiser, David Johnson, to put together a spot for SGTV as it relates to same. Also, School Board Chairman, Barry Gainer, has asked that the County, Cities and School Board work together on an information campaign.

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Ms. Coto reported that the St. Johns River Water Management District has authorized proceeding forward with the acquisition of the Lee Ranch. They have asked for letters of support from Seminole County and those letters are being sent to the Governor, Attorney General, the Commissioner of Agriculture and Consumer Affairs, and the CFO of the State.

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There being no further business to come before the Board, the Chairman adjourned the meeting at 3:31 p.m., this same date.

ATTEST:_____________________Clerk____________________Chairman

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