Upon inquiry by Chairman Henley, Kevin Grace, County Manager, addressed the Board to advise that there is an Add-on, Item 13A, Budget Amendment Request in the amount of $185,000 relative to Article V issues. He stated staff is requesting that Items #21 and #22 be pulled from the agenda. He said these items will be brought back at the next Board meeting. He added Item #56, BOA Appeal, Richard & Jay Shirah/Spintcom, Inc. is requested to be continued to January 25, 2005 at 1:30 p.m. He stated the applicant for Item #57, BOA Appeal, Bonnie Giroux, has requested a continuance to January 25, 2005 at 1:30 p.m. Item #62, Revised Development Plan, is being requested to continue until January 25, 2005 at 7:00 p.m.

Chairman Henley stated staff will notify interested parties of the continued Public Hearing items.

CONSTITUTIONAL OFFICER

SHERIFF’S CONSENT AGENDA

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

47. Approve and authorize Chairman to execute Budget Amendment Resolution #2005-R-6, as shown on page ________, appropriating $121,175 in General Fund Reserves and increasing the Sheriff’s Office operating budget by an equivalent amount, representing the Sheriff’s Office contribution to the Seminole Community College Public Safety Training Center project.

48. Approve Sheriff’s Office to utilize $3,000 in the Law Enforcement Trust Funds for the following: (1) $1,000 contribution to Brothers Keepers, Inc. in support of the organization’s crime prevention and substance abuse programs; and (2) $2,000 for the purchase of red ribbons for public and private school children utilized during the 2004 Red Ribbon Campaign. These requests comply with Chapter 932.7055(4)(1), Florida State Statutes.

Under discussion, Chairman Henley stated he feels the appropriate way to handle Item #47 is allow the Sheriff to pay this item out of his contingency and when the County receives reimbursement from FEMA, then he will be reimbursed. He stated he supports the request, but from the standpoint of handling it properly, it should come out of the Sheriff’s contingency.

Kevin Grace, County Manager, stated he doesn’t know when the reimbursement will come, but it will be about $1.1 million. He stated he doesn’t think there is a doubt that they will be reimbursed a large majority of that, but until FEMA finishes their review, he will not know until they receive it.

Upon inquiry by Commissioner Dallari, Sheriff Eslinger advised FEMA has committed $700,000 for the first two hurricanes by January 15, 2005.

Commissioner Carey asked if there is a reason to do that if they are going to receive the reimbursement this week.

Lisa Spriggs, Fiscal Services Director, addressed the Board to state staff has not received an update from FEMA as to when they will receive the reimbursement. From a budgetary standpoint, the funding coming back from the Sheriff’s Office will come back into the General Fund reserves.

Sheriff Eslinger stated his office is the first agency in the State that submitted FEMA reimbursement for Charley. He stated $1.2 million has been committed to them and $700,000 is due by January 15, 2005. That has been confirmed by FEMA. The requirement of the match must be submitted to them by January 31, 2005. He asked that instead of doing two different steps, the Board take it out of the General Fund contingency and not take 50% from his budget.

Commissioner Morris stated by taking it out of the Sheriff’s contingency and replenishing the Sheriff’s contingency upon replenishment of the County’s contingency is an interesting way of doing it.

Sheriff Eslinger stated he feels it is not a good accounting practice if 40% is taken out of his contingency within the first quarter of the fiscal year. He asked why would the Board take the two extra processes in accounting and do the same thing in a matter of a week.

Upon inquiry by Commissioner Morris, Chairman Henley advised he supports the project and he feels it should be done, but contingencies are set up for unexpected expenditures.

Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.

Chairman Henley stated whatever the pleasure of the Board is, but he felt this was the appropriate way to deal with these issues.

Upon inquiry by Commissioner Van Der Weide, Mr. Grace advised this is the Sheriff’s request. He stated he doesn’t have a problem with the General Fund contingency handling the request if they get the reimbursement in a short period of time.

Chairman Henley stated he feels this is the appropriate way to handle any of the requests to supplement other department budgets.

Upon inquiry by Commissioner Dallari, Mr. Grace advised he understands that they need the money by the end of this month.

Commissioner Dallari stated he would like to thank all the cities for contributing as well as the police chiefs for all their help. He stated he would like to thank CALNO’s chairman for their help for putting this together as well.

Commissioner Van Der Weide called the question. Whereupon, Districts 1, 2, 3, 4 and 5 voted AYE to call the question.

The main motion was voted upon and carried unanimously with Districts 1, 2, 3, 4 and 5 voting AYE.

COUNTY MANAGER’S CONSENT AGENDA

Chairman Henley informed the Board of the Add-on, Item 13A, Budget Amendment Request in the amount of $185,000. He stated Items #21, Award RFP-4232-04, and #22, Award RFP-4233-04, have been withdrawn.

A brief discussion ensued relative to Item #7, Adopt Resolution establishing newly defined Service Areas. Commissioner Morris requested that Item #23, Award RFP-4234-04, be pulled for a separate vote.

Upon inquiry by Commissioner Dallari relative to whether or not 911 can be dialed regarding Item #14, approval to submit grant application to the Florida Dept. of Health for Automated External Defibrillators training and dissemination, Mr. Grace advised he understands that when the units are used, they do not automatically dial 911. He stated those modems can be added for another $200.

Commissioner Dallari stated he feels those devices need to be able to dial 911 automatically and he would like consensus to go in that direction.

Mr. Grace stated he doesn’t think there is anything that would prohibit them from adding that, but due to the additional cost, it might reduce the number of units they can put out. If the County obtains the grant, staff could bring that back to the Board to advise of the impact.

Commissioner Dallari stated he feels that is something that needs to be done.

Chairman Henley stated he feels it would be appropriate to double check that it will have the capability of dialing 911 before they purchase the units.

Mr. Grace stated he will bring that issue back to the Board assuming they get this grant.

Commissioner Morris stated he feels that information regarding the location of the units and funds already being placed in the budget for these units should have been included in the agenda packet.

Mr. Grace stated the Board is talking about fewer units unless they want to put additional money in, and that is an option that they can bring back to the Board after they get the grant.

Commissioner Morris stated he feels the appropriate areas needing these defibrillators are the malls, airports and schools.

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

Economic Development

2. Adopt appropriate Resolution #2005-R-1, as shown on page _________, approving the issuance of Industrial Revenue Bonds by the Seminole County Industrial Development Authority to finance the pre-construction development costs of the acquisition, construction and equipping of a senior living community to be located at 1800 South International Parkway in Seminole County.

Environmental Services

Business Office

3. Approve release of original Water and Sewer Maintenance Agreements with Letter of Credit #ORL/P000085 (Landstar Development) in the amount of $24,680.71 for the Astor Farms Phase 2 Project.

4. Approve release of original Water and Sewer Maintenance Bond #6179717 (Centex Homes) in the amount of $18,254.00 for the Magnolia Plantation Phase 4a. Project.

5. Approve release of original Water and Sewer Maintenance Bond #014-018-815 (M/I Homes) in the amount of $11,937.55 for the Woodsong Project.

6. Approve release of original Water and Sewer Maintenance Agreements with Letter of Credit #8035350431-55 (Pelloni Development) in the amount of $9,264.00 for the Park Place at Heathrow Project.

Solid Waste Management

7. Adopt Resolution establishing newly defined Service Areas to provide for distinct, contiguous Service Areas and repealing Resolution 93-R-218.

Fiscal Services

Budget

8. BCR #05-08 - $19,975 – Planning and Development – Community Resources – Fund 32100 – Natural Lands Fund. Funds are needed for improvements to the caretaker residence at Wilson’s Landing Park to include: Roof replacement for $17,580 and Septic system renovation for $2,395. This action transfers funding to the appropriate lines to fund these changes.

9. BCR #05-10 - $2,087,498 – Administrative Services – Support Services/Facilities Maintenance – Fund 00100 – General Fund. This transfer is requested to create a reporting project number to track Article V expenditures for State reporting and compliance purposes. This adjustment is for reporting purposes and has no effect on the original adopted budget.

10. BCR #05-11 - $250,000 – Fiscal Services – Central Charges – Fund 00100 – General Fund. This transfer is requested to cover the expenditures incurred through the Article V transition for Court Appointed Council. The County is responsible for all services rendered through June 30, 2004.

11. BCR #05-12 - $400,000 – Information Technologies – Information Services – Fund 00100 – General Fund. An accounting adjustment is requested to place budgeted funds for the J.D. Edwards Financial System implementation into the correct account line to fund consulting services.

12. BCR #05-13 - $56,200 – Information Technologies – Information Services – Fund 00100 – General Fund. An accounting adjustment is requested to place budgeted funds for a new budgeting system into the proper account line. Contract was approved by the Board of County Commissioners on December 14, 2004 (Agenda Item No. 34), with Sarasota County Government.

13. Budget Amendment Resolution #2005-R-2, as shown on page _________, $501,271 – Public Works – 13000 – Stormwater Fund. This FY 04/05 budget amendment establishes the revenue and project budget allocations for implementation of the Florida Department of Environmental Protection Grant Agreement S0163 as approved by the Board of County Commissioners on December 14, 2004 (Agenda Item No. 63). This project grant for the Club II Regional Stormwater Facility provides for design, permitting and construction of control and diversion structures that would improve water quality and drainage within portions of the Midway basin.

13A. Budget Amendment Resolution #2005-R-3, as shown on page ________, $185,000 – Fiscal Services: 00100 – General Fund. This amendment appropriates $185,000 for the payment of recording fees for documents of the BCC for Fiscal Year 2004/05. During the Article V transition the recording fees were tagged as Circuit Court costs and were inadvertently excluded from the budget. The fees are a responsibility of the Board.

Grants

14. Approve and authorize Chairman to execute approval to submit a Grant Application, as shown on page ________, to the Florida Department of Health for approximately 70-75 Automated External Defibrillators (AEDs) training and dissemination.

MSBU

15. Authorize scheduling and advertising a public hearing for the MSBU Program for the purpose of considering adopting an Ordinance to create “Charter Oaks/Tamarack Wall Reconstruction MSBU”.

Purchasing

16. Award CC-1252-04/TLR, as shown on page ________, Removal/construction of concrete sidewalks, curb cut ramps, curbs and gutter to Parthenon Construction, Orlando, (Primary), and State Door II, Inc., Apopka (Secondary) (Estimated $1,500,000.00 per year total).

17. Approve Change Order #5, as shown on page ________, to CC-1196-02/BJC – Dodd Road Construction Project (Howell Branch Road to Red Bug Lake Road), with the Middlesex Corporation, Littleton, MA ($296,616.00).

18. Approve ranking list for PS-5171-04/AJR Agreement, as shown on page ________, for CEI Services for Elder Creek Stormwater Facility, with JEA Construction Engineering Services, Inc. of Winter Park (Estimated $200,000.00).

19. Approve Amendment #6, as shown on page ________, to PS-333-96/BJC - Engineering Services Agreement for CR-46A Phase III to Professional Engineering Consultants, Inc. of Orlando ($173,159.00).

20. Approve Amendment #2, as shown on page ________, to PS-5125-02/BJC – Cross Seminole Trail South, Phase II with Reynolds, Smith and Hills, Inc., ($27,985.91).

21. Withdrawal of Award RFP-4232-04/TLR, Six General Consulting Services Agreements for Comprehensive Planning to: Calvin, Giordano & Associates of Orlando; Carter Burgess of Orlando; Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. of Orlando; Land Design Innovations of Winter Park; Reynolds, Smith & Hills, Inc. of Orlando; and Laura Turner Planning Services of Winter Park (Estimated $150,000.00 per year total).

22. Withdrawal of Award RFP-4233-04/TLR, Six General Consulting Services Agreements for Transportation Planning/Technical Transportation Planning to: Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. of Orlando; GMB Engineers & Planners, Inc. of Orlando; Leftwich Consulting Engineers, Inc. of Orlando; Reynolds, Smith & Hills, Inc. of Orlando; Tindale-Oliver & Associates of Tampa; and Traffic Planning & Design of Maitland (Estimated $150,000.00 per year all consultants combined).

24. Approve Sole Source Procurement and Award M-473-04/PWM, as shown on page ________, for FSP-3000 Maintenance to ADVA Optical Networking, Inc. of Mahwah, New Jersey (Estimated $95,000.00 per year).

25. Approve Sole Source Procurement and Award M-469-04/AJR – J.D. Edwards Production Support Agreement, as shown on page ________, to MindSet, Inc. of Midlothian, VA ($400,000.00 per year).

Library & Leisure Services

26. Approve and authorize Chairman to execute Agreement, as shown on page ________, with the City of Sanford for a Boating Improvement Program for Fiscal Year 04/05.

Community Resources

27. Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page ________, for households assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program, for the following: Sally Spires; Roland & Arlene V. Fontaine; Mary Ann Miller; Linda Smith & Edmond R. Washington; Richard Tanyer, Jr., Patric & Salome LeMaire; James F. & Michelle L. Green; Julia Long & Herman Eason, Jr.; Gladys & Jose A. Calder; Patricia A. Sove; Carolyn N. Bennett; Mona Lisa Tarvers; Margaret Y. Clarke; John T. & Florine C. O’Neal; Willie Mae Joe; Juan Fernandez & Glorida I. Castillo; Charles J. Martin; Charles E. & Melissa Burger; and Brad McFarland & Melissa Rivera.

28. Approve Amendment, as shown on page ________, to the Intergovernmental Work Services Agreement with the University of Central Florida to continue development of the Seminole County Integrated Network (SCI.NET) by execution of Phases III through V.

Development Review

29. Approve and authorize Chairman to execute the Final Plat for Bella Foresta Subdivision located south of W SR 46 on the west side of Lake Markham Road adjacent to Lake Sylvan Estates for a 54 lot single family residential subdivision (Windsor Oaks, LLC).

Public Safety

EMS Fire/Rescue

30. Approve and authorize Chairman to execute the Interlocal Agreement, as shown on page ________, Lease of Real Property by Seminole County with Seminole Community College for EMS/Fire/Rescue Training Center for property located at 201 Valentine Way for placement of a burn building facility to provide live fire training for firefighters.

31. Approve and authorize Chairman to execute CSX Private Road Grade Crossing Agreement, as shown on page ________, for crossing of the railway located at the Fire Training Center, 201 Valentine Way, Longwood, Florida.

EMS/Trust

32. Approve and authorize Chairman to execute the Emergency Medical Services, County Grant Application, as shown on page , Department of Health, Bureau of Emergency Medical Services to help counties expand and improve the EMS system; and adopt appropriate Resolution #2005-R-7, as shown on page , regarding same.

Public Works

Traffic Engineering

33. Adopt appropriate Resolution #2004-R-4, as shown on page ________, to reduce the speed limit on Magnolia Street from 30 mph to 25 mph in its entirety from Ronald Reagan Boulevard to Hermits Trail for a total of .56 mile.

Tourism Development

34. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and the Scottish-American Society of Central Florida, Inc. in the amount of $25,000 to promote, encourage and sustain Scottish heritage and tradition in the Central Florida area.

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

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23. Request to Award RFP-4234-04/AJR – Residential Solid Waste Collection Services for Service Area 3 to Waste Pro of Florida, Inc. of Longwood, FL ($193,771.01), was presented for action.

Commissioner Morris stated anytime they deal with solid waste and garbage, it is a public matter. He stated he feels that this is inappropriate that this item was on the Consent Agenda and should have been a separate item on the Regular Agenda. He requested that the Chairman consult with the County Manager with regard to obtaining a better policy on these types of issues.

Chairman Henley stated they will take this under consideration.

Commissioner Morris stated as he reviewed the evaluation criteria, he noticed that there were two inexperienced members who were not familiar with the large picture of service. He stated he would like to throw this item out, rebuild the evaluation committee, have it evaluated properly, and have the County Manager sit in the evaluation process.

Commissioner Carey stated she has concerns with the budgeting amount of this firm coming in higher than the other two and that is a result of one of three withdrawing from the competition.

Commissioner Van Der Weide stated in 1992 the Board members had to get involved in awarding these contracts and they decided it would only be the major, high dollar contracts. He stated his concern is there are people on the evaluating committee working for each other. He said he feels this should be redone and he would like to have the County Manager involved.

Commissioner Dallari stated he agrees with all the comments. He stated one comment he would like to add is the level of service for complaints. He said he feels the Board should be asking zero tolerance and the issue of unacceptability of failure especially with the residents. If there is an issue out there, the biggest complaint is when they are missed. He doesn’t think they should have any level of acceptance of missing a home.

Commissioner Carey stated the Board did a great job dividing up the service areas to make them more streamlined. If the Board is going to throw out this one, the other two contracts are currently continued until this one takes effect. This is costing the County more money to pay for that service. The Board may want to look at the whole process as a complete package or go back, or negotiate the service areas with somebody that is already providing the service.

Mr. Grace advised the County has already entered into contracts with two other haulers and the Board is only dealing with this one at this point.

Chairman Henley stated there are issues here, one is to accept or reject the proposal and the other is to give direction to the County Manager regarding how they construct the committees for doing evaluations. The third one they need to look at is who is going to render the service in the meantime while they go through this. He asked if staff has time to go through the process.

Mr. Grace stated they do not have time to go through a full-blown whole process and then finalize a contract by April 1, 2005.

Commissioner Morris stated Republic agreed to do this until April 1 and they asked for an increase in rates. The issue here is whether or not Republic was approached again saying they would carry this on until June and the $2 surcharge is another question. The Board had discussions relative to the concept of dividing the County into two service providers and that is an option the Board can consider. Another issue the Board needs to consider is can the providers gear up if the Board goes with two.

Chairman Henley stated if the Board turns this down, he feels it would be appropriate to give direction as to how this Board wants to go.

Commissioner Van Der Weide stated if the Board goes down one supplier, then the citizens would be hurting and he doesn’t believe they should do that. He said he feels the County is better off with the system they already have.

Chairman Henley stated he feels the protection to the citizens is the procedure they handle in arriving at a decision, whether it is one, two or three as long as they open it up for open bid and open competition.

Upon inquiry by Commissioner Carey, Mr. Grace advised the two current provider contracts would take effect on April 1, 2005. He stated he believes they had to shift around the territories and they had to extend all the contracts.

Commissioner Carey stated if the Board continues this item, they still can’t work under the lower rates with the other two haulers.

Mr. Grace stated it is a problematic issue and they need to find a way to deal with it. He stated he would suggest that they go back to all of the submitters and ask for a best and final submittal. He said from staff’s standpoint, this hasn’t been an optimal process. Staff can go back and do the best and final. He stated he could be involved in this and still bring it back in a short period of time.

Ray Hooper, Purchasing Manager, addressed the Board to state the Board could withdraw the item.

Upon inquiry by Chairman Henley, Mr. Grace advised if staff withdraws this item, he doesn’t know if they can get the process done by the next meeting, but he believes they could get it done by the first meeting in February.

Motion by Commissioner Morris, seconded by Commissioner Carey to reject the submissions of RFP-4234-04/AJR – Residential Solid Waste Collection Services for Service Area 3 to Waste Pro of Florida, Inc. of Longwood, Fl ($193,771.01).

Under discussion and upon inquiry by Mr. McMillan, Commissioner Morris advised the Board is rejecting the evaluation.

Mr. McMillan stated the Board is rejecting recommendations procedures.

Commissioner Carey stated she is not concerned about the process as she is about the cost differential. She stated she believes it should be rejected because she doesn’t think it is the best it could be.

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

Chairman Henley directed staff to go back to request a best and final offer and then the County Manager and committee will review the final proposals and then come back with their final recommendations. He stated with the final proposal, the Board would expect the best and final offer.

Commissioner Dallari asked the County Manager to look at the ability of what the cost increase will be for zero tolerance and complaints.

Commissioner Morris stated the other option is to award the contract and when it comes back, set it at this price. The Board can set their own price and if the providers don’t want to take it, they can reject it.

Commissioner Van Der Weide stated the Board needs to approach this in a way that makes sense.

Commissioner Morris stated he would caution the County Manager to look closely at the rankings as to how they came by the individual members of this committee. He stated he feels it should clearly be reconstructive.

Mr. Grace stated the Board needs to revisit Item #7 that was just approved on the Consent Agenda as it relates to Item #23.

Chairman Henley stated the Board did not pull this item earlier and the Board needs to rescind that item.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to rescind the Resolution establishing newly defined Service Areas to provide for distinct, contiguous Services Areas and repealing Resolution #93-R-218 (Item #7).

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

Chairman Henley stated this item will be sent back to the County Manager and Purchasing Department to enter into negotiations with the option of going to two districts rather than three. The County Manager will be more cautious in making up the committee.

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

35. Approve proposed settlement relating to Parcel Numbers 204, 704A, 704B, 804, 206, 706 and 806 of the East Lake Mary Boulevard Phase IIB road improvement project, Simons property, located at 2715 and 2725 Sand Dollar Point, in the amount of $402,724.52, inclusive of all land value, severance damage, improvements, statutory interest and attorney’s fees and costs.

36. Approve proposed settlement relating to Parcel Numbers 110 and 111 of the Lake Drive road improvement project, located at 4725 East Lake Drive, Willow Creek Church property, in the amount of $345,650.40, inclusive of land value, improvements, cost to cure and statutory attorney’s fees and cost.

37. Approve settlement and execution of Subordination Agreement, as shown on page ________, relating to Parcel Numbers 104, 105, 108, 109, 110, 111, 112, 115, 116, 117, 122, 125, 129, 136, 139, 169 and 242 in conjunction with the Lake Drive road improvement project, Progress Energy f/k/a/ Florida Power Corporation.

38. Approve proposed settlement relating to Parcel Numbers 116/716A/B of the Lake Drive road improvement project, William G. Jenkins and Patricia L. Jenkins property, located at 4750 East Lake Drive, Winter Springs, in the amount of $125,000.00, inclusive of all land value, severance damage, statutory interest, attorney’s fees and costs.

Property Acquisition

39. Adopt First Amended Resolution of Necessity #2005-R-5, as shown on page ________, relating to Bunnell Road road improvement project (from west of Eden Park Road to West Towne Parkway).

40. Approve and execute Purchase Agreement, as shown on page ________, for Parcel Identification Number 21-21-30-512-0000-0080, a recreational trail easement for the Kewannee Trail improvement project, Bich Development Partners, LLC property, located at the west side of State Road 436, north of Cassel Creek Boulevard, in the amount of $22,000.00, inclusive of fees, costs and expenses.

41. Approve and execute Purchase Agreement, as shown on page ________, for Parcel Identification Number 21-21-30-514-0C00-0000, a recreational trail easement for the Kewannee Trail improvement project, Cassel Creek Property Owners Association, Inc., property located at the northeast corner of Cassel Creek Boulevard and Derbyshire Circle, in the amount of $20,000.00, inclusive of any fees, costs or expenses.

42. Approve and execute the correspondence, as shown on page ________, from CSX Transportation, Inc., in order for the County to acquire Parcel Number 123 of the County Road 46A, Phase III road improvement project, for the binding written offer amount of $14,375.00. This is the last parcel needed to complete the project.

43. Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 131 of the C-15/Elder Creek (Ponds) improvement project, Robert J. Maksimowicz property, located along the north side of Church Street, east of Upsala Road, in the amount of $465,000.00, inclusive of attorney fees and expert costs.

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

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Mr. McMillan stated at the last meeting, the Board had questions relative to dangerous dogs and posting a list of those dogs on the website.

Mr. Grace stated this can be done on the web site and now they have 15 dangerous dogs on their list. He stated staff is recommending putting the name of the dog and the location of the animal on the website.

Commissioner Dallari asked if there are any additional costs to the County by doing this.

Mr. Grace stated it would be minimal.

Mr. McMillan stated he understands the property will be posted indicating that there is a dangerous dog on the site.

Mike Wittmer, Animal Services, addressed the Board to advise that Mr. McMillan is correct. He stated a sign would be placed at the entrance of the property showing a picture of a dangerous dog.

Commissioner Morris stated the signs are not the same as the ones you get from Walmart or pet stores. These signs are not the kind of dangerous dogs they are talking about. It is one that has proven itself beyond discipline.

Mr. McMillan stated Animal Services will determine that it is a dangerous dog and they will post the sign.

Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize posting a dangerous dogs list on the County’s website.

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

Mr. Wittmer asked the Board if they want staff to post the exact address of the dangerous dog or the block number of that street. He stated Hillsborough County does the exact address.

Commissioner Dallari suggested using the exact address.

CONSTITUTIONAL OFFICERS (Continued)

Maryanne Morse, Clerk of Circuit Court, addressed the Board to present a check in the amount of $1,401,766.49 for excess fees collected. She stated the money was transmitted to the County’s account at the end of December.

CLERK’S CONSENT AGENDA

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

44. Expenditure Approval Lists, as shown on page ________, dated December 6, 13 & 20, 2004; and Payroll Approval Lists, as shown on page ________, dated November 18, December 2 & 16, 2004.

45. Chairman to execute Satisfaction of Judgment/Court Cost for

Mike L. Tucker, #97-3474-MMA - $157.50.

46. Noted for Information Only, the following Clerk’s received and filed:

1. Memorandum from County Manager, Kevin Grace, dated November 24, 2004 re: Capital Project Transfer for the Chuluota Target Area Study & City of Sanford Water/Sewer Hubs.

2. Work Order #4, as shown on page _______, to PS-5109-01-BJC, Metric Engineering, Inc.

3. Work Order Amendment #1, as shown on page ________, to W.O. #44 to PS-556-00-BJC, DCR Engineering Services, Inc.

4. Work Order #24, as shown on page ________, to PS-5130-02/BJC, Ardaman & Associates.

5. Contract #M-465-04/DRS, as shown on page ________, Laura Tuner Planning Services.

6. Work Order Amendment #1, as shown on page ________, to W.O. #2 to PS-5150-03/AJP, Environmental Consulting & Technology.

7. Work Order #3, as shown on page ________, to PS-5100-01-BJC, Transportation Engineering, Inc.

8. Work Order Amendment #1, as shown on page ________, to W.O. 2 to PS-5138-03/BJC, PBS&J.

9. Work Order #17, as shown on page ________, to PS-594-01/BJC, Waste Energy Technology, Inc.

10. Work Orders #20 & #21, as shown on page ________, to PS-5120-02/BJC, PBS&J.

11. Work Order #3, as shown on page ________, to PS-5121-02-BJC, GMB Engineers.

12. Work Order #1, as shown on page ________, to RFP-4214-04/TLR, Site Secure, Inc.

13. Work Order #17, as shown on page ________, to CC-1222-03/TLR, Schuller Contractors, Inc.

14. Memorandum from Denny Gibbs, Development Review, to Sandy McCann, Commission Records, transmitting Title Opinion, as shown on page ________, for Burns Addition to Black Hammock minor plat.

15. First Amendment, as shown on page ________, to Multi-Jurisdictional Fire/EMS Mobile Data System Purchase, Service & Maintenance Agreement (RFP-4135-01/BJC) with Orabacom Communications Integrator Corp.

16. Fifth Amendment, as shown on page ________, to RFP-4201-03/BJC, Thomas W. Ruff & Co.

17. Work Orders #13 & #16, as shown on page ________, to PS-5150-03/AJP, Environmental Consulting & Technology, Inc.

18. Work Order #14, as shown on page _______, to PS-5116-02/BJC, DRMP.

19. Work Order Amendment #2, as shown on page ________, to W.O. #8 to RFP-4109-01/BJC, Kessler Consulting, Inc.

20. Change Orders #3 & #4, as shown on page ________, to CC-1228-04-TLR, Wharton-Smith, Inc.

21. Change Order #1, as shown on page ________, to CC-1222-03/TLR, American Persian Engineers & Contractors, Inc. (Wekiva Trail Sidewalk).

22. Change Order #1, as shown on page ________, to CC-1222-03/TLR, American Persian Engineers & Contractors, Inc. (Anchor Rd.).

23. Memorandum from Bruce McMenemy, County Finance, to Lisa Spriggs, Fiscal Services, dated December 10, 2004 re: BCR #04-55 & #04-56.

24. Quit Claim Deed, as shown on page ________, from Roger M. & Linda Young re: Resolution #2003-R-56 adopted by the BCC on February 25, 2003.

25. Work Order #25, as shown on page ________, to PS-5130-02/BJC, Nodarse & Associates, Inc.

26. Work Order Amendment #1, as shown on page ________, to W.O. #30 to PS-5129-02/BJC, Lochrane.

27. Work Order Amendment #1, as shown on page ________, to W.O. #24 to PS-586-01/BJC, SCS Engineers.

28. Seminole County Probation Division Community Service Supervising Agency Agreement, as shown on page ________, with the following: Habitat for Humanity; Bread of Life, Inc.; Downtown Orlando Development Board; City of Longwood; Sanford American Legion; Longwood VFW Post 8207; SPCA of Central Florida; Seminole County Work Opportunity Program; Little Big Econ State Forest; City of Maitland; City of Sanford; and City of Debary.

29. PS-5154-03/AJP Contract, as shown on page ________, with JEA Construction Engineering Services, Inc. as approved by the BCC on March 9, 2004.

30. Third Amendment, as shown on page ________, to Agreement between Owner & Construction Manager (PS-564-00/BJC) with The Haskell Company.

31. Memorandum from County Attorney transmitting instruments, as shown on page ________, pertaining to Airport Boulevard Parcel #2, Barton B. Pilcher.

32. Memorandum from County Attorney re: Direct Pay Request to Expert Witness Procurement for the Lockhart Smith Canal (Scott Lawlor).

33. Work Order #31, as shown on page _______, to PS-5129-BJC, Southeastern Surveying & Mapping.

34. Second Amendment, as shown on page ________, to Fire Division Uniform Purchase Agreement (IFB-3075-03/JVP), Plexus Inc.

35. Work Orders #26, #27 & #28, as shown on page ________, to CC-1212-03/PWM, Homes in Partnership, Inc.

36. Copies of Certificates, as shown on page _________, of Clerk of Circuit Court re: Sanford-Orlando Kennel Club, Inc. and Collins & Collins Partnership.

37. Maintenance Bonds, as shown on page ________, for the following: Dunwoody Commons Ph. 2 ($28,013.90) & ($145,987); Buckingham Estates Ph. 2 ($13,655.15); Regency Estates ($127,245.83); and Trails 2A ($72,405.58).

38. Work Order #1, as shown on page ________, to PS-5166-04/TLR, Starmer Ranaldi Planning & Architecture.

39. Amendment, as shown on page ________, to Contract #M-453-04/DRS, Connect Consulting, Inc.

40. Work Order Amendment #1, as shown on page ________, to W.O. 62 to PS-590-01/BJC, Transportation Engineering, Inc.

41. Work Order #1, as shown on page ________, to PS-5164-04/AJR, Professional Engineering Consultants.

42. Work Order Amendment #2, as shown on page ________, to W.O. #1 to RFP-4108-01/BJC, ZHA Inc.

43. Work Order #1, as shown on page ________, to M-461-04/DRS, Urban Dynamics, Inc.

44. Work Order #2, as shown on page ________, to PS-5166-04/TLR, Bentley Architects & Engineering.

45. Work Order Amendment #1, as shown on page ________, to W.O. #6 to PS-593/04/BJC, Urban Dynamics.

46. Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Transfer of Road Reservation, as shown on page ________, for Bunnell Road.

47. Development Orders, as shown on page _________, as follows: Bruce Nordbeck; Willard & Ruth Wilvert; Charles & Lynnette Mickler; Todd Devoogel; Edwards Roberts; William H. Clark; Richard Cameron; and Ann Saucer.

48. Addendum #1, as shown on page _________, to the Monroe Commerce Center (South) PCD Developer’s Commitment Agreement.

49. Addendum #1, as shown on page ________, to the Maronda Systems PUD Developer’s Commitment Agreement.

50. Copy of Certificate of No Recall, as shown on page ________, for the Orlando Jai Alai.

51. Work Order #23, as shown on page ________, to CC-1212-03/PWM, Chad Willhite, Inc.

52. Contract #M-470-04/TLR, as shown on page ________, Real Estate Research Consultants, Inc.

53. Work Order #19, as shown on page _________, to CC-1222-03/TLR, Central Florida Environmental Corp.

54. Work Order #18, as shown on page ________, to PS-5150-03/AJP, Environmental Consulting & Technology, Inc.

55. Letter from City of Winter Springs Clerk transmitting Annexation Ordinance #2004-46.

56. Contract #M-466-04/DRS, as shown on page _________, Cynthia Harkins.

57. Purchase Agreement, as shown on page ________, with Newport Colony Apartments Investors, LLC, for Kewannee Trail Parcel #21-21-30-526-0000-0050, per BCC approval on September 14, 2004 (Binding Written Offers).

58. Contract #IFB-3094-04/GMG, as shown on page _________, Southern Manufacturing Division of Accord Industries.

59. Contract #IFB-3096-04/GMG, as shown on page _________, Active Lawn Care & Landscaping, Inc.

60. Work Orders #24 & #25, as shown on page _________, to CC-1212-03/PWM, Atlas General, Inc.

61. Work Order Amendment #1, as shown on page _________, to W.O. #59 to PS-590-01/BJC, PEC.

62. Notice of Tax Impact Value Adjustment Board for 2004, as shown on page _________.

63. Copy of memorandum to Dept. of Revenue from Sandy McCann, Commission Records, transmitting copies of Notice of Tax Impact of VAB and Proof of Publication, as shown on page _________, for same.

64. Memorandum dated December 23, 2004 from Dixie Haller, P&D, to Sandy McCann, Commission Records, re: Outstanding Documents.

65. Operation Audit of County Transportation Trust Funds for October 1, 2002 through September 30, 2003 from the State of Florida Auditor General.

66. Copies of letters dated December 14, 2004 from Denny Gibbs, Development Review, to Shutts & Bowen and Centex Homes re: Dunwoody Commons, Madison Place & Madison Creek Performance Bonds.

67. Bids for the following: CC-1251-04, IFB-3094-04, DB-608-04, 2009-04, 2005-04, CC-1252-04/TLR, & 2008-04.

LEGISLATIVE UPDATE

Steve Lee, Deputy County Attorney, and Sally Sherman, Deputy County Manager, addressed the Board to discuss legislative issues. Mr. Lee reviewed the Deferred Compensation Plan and asked if the Board would like to pursue independently filing a bill regarding piggybacking on the State Deferred Comp plan. He stated the State has indicated that they will be filing a bill on their own, but will support the County’s efforts if they wish to pursue it. The consensus of the Board was to ask the lobbyist to seek individuals to introduce the bill.

Mr. Lee continued by reviewing the Department of Juvenile Justice (DJJ) Cost.

Chairman Henley stated at the last meeting, the Board had a discussion about sending a letter to the Legislative Delegation and one was drafted. He said he took it upon himself to sign the letter and the reason he did not get the other Board member’s signatures is because Commissioner Morris was out of town. He said he has had discussions with several legislators and they took exception to the content of the letter. The cities have asked to keep them informed of any unfunded mandates.

Commissioner Dallari stated he spoke to Representative Adams and he would like Mr. Grace to contact Representative Adams for additional information.

Chairman Henley stated he and Mr. Grace have a meeting set up with Representative Adams.

Mr. Grace stated their meeting is scheduled for January 19, 2005. He stated they were provided with information from staff members in Tallahassee indicating that the County had multi-million dollar windfall from Article V.

Commissioner Carey recommended bringing the numbers up at the next meeting as the Board needs to be briefed on these types of issues.

Chairman Henley stated it is still the Board’s responsibility unless they are able to get some changes in this session; otherwise, it will become the County’s responsibility.

Commissioner Van Der Weide stated he was told that they were not briefed on the County’s feelings and he would have to question that.

Chairman Henley stated that is the information that came to him from several of them and he reminded them that the County’s position did not change from last year. If it does, he will let them know.

Commissioner Morris stated he feels the Board has been pretty clear on this issue for about 1½ years.

Mr. Lee stated he met with them in Tallahassee and made it clear to them what the County’s position was.

Commissioner Carey stated she feels the citizens should be able to obtain information on legislative issues, therefore, it should be posted on the website.

Ms. Sherman stated staff has already initiated and has a website up and running and they are continuing to develop that website so they can improve access to the citizens.

Mr. Lee stated the Florida Association of Counties was told that if they do not knuckle under on this, they would not get anything during the next session. They agreed that they would not oppose what was done, but on the condition that the entire issue would be discussed during the upcoming session.

Ms. Sherman continued by reviewing the Wireless Emergency Telephone System (SB2774/HB1495). She stated the Legislature is currently working on the 8^th draft and it will provide standards for local governments to follow when regulating replacement, construction, or modification of cell towers. Staff is currently evaluating the proposed language in the 8^th draft and it will take the County’s ability to regulate cell towers away from the local governments.

Mr. Grace stated he assumes the Board would want to continue their opposition.

Commissioner Dallari requested a copy of this bill.

Ms. Sherman continued by reviewing Growth Management (SB 360). She stated Senator Bennett has filed a shell bill and this deals with changes to the Florida Growth Management Act. They are looking at changes to Chapter 163 and Rule 9J-5, and the Development of Regional Impact process. She stated once staff has had an opportunity to review these in detail, they will bring this back to the Board.

Mr. Lee stated he understands that Representative Randy Jones is the Chairman of the subcommittee dealing with this issue and staff will be following this very closely.

Ms. Sherman advised that a meeting with the House of Representatives and Growth Management Committee is scheduled for Tuesday, January 18, 2005, at 1:30 p.m. at the Orlando City Hall and she believes the Board has received an invitation to this meeting.

Mr. Grace stated staff will be attending this meeting as well.

Commissioner Carey requested that when staff gives these agenda memorandums that they include House and Senate Bill numbers. She stated she believes a St. Johns River Water Management District meeting is scheduled 1:30 p.m. on the same day.

Commissioner Morris stated he will be representing the MPO at that meeting and he will update the Board on this.

Commissioner Carey stated she discussed the Legislative dinner with Ms. Sherman yesterday and she was informed that it is scheduled for February 14 and 15. She stated before a concrete date is set, she would like to know what the Board’s input would be in scheduling the dinner on Valentine’s Day.

Commissioner Van Der Weide stated he doesn’t believe there will be a consensus for scheduling it on Valentine’s Day.

Mr. Grace stated staff will keep working with the Board’s calendars in finding a date that will fit their schedule.

Ms. Sherman continued by reviewing the Funding Request-Community Budget for 2005 relating to I-4/Greenway Interchange; SR 415 expansion; SR 46 expansion; SR 46 & I-4 right-of-way cost; SR 434 & I-4 Interchange Reconstruction; Middle St. John’s River Basin Initiative; Regional Alternative Water Supply Testing Program; and Historical Museum Complex Expansion Project. She stated Senator Baker is sponsoring the County’s Community Budget requests as well as Representatives Adams, Hayes, and Simmons. Tentatively FDOT has approved the I-4/Greenway Interchange; SR 415 expansion and SR 46 & I-4 right-of-way costs.

Commissioner Morris advised Congressman Mica has asked for a list of projects over the next five years under key three. He stated he is preparing a list that the Board might see inserted and he will be submitting that in a few days.

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Ms. Sherman stated staff is here to update the Board on the fire hydrant maintenance and testing.

Chief Terry Schenk, EMS/Fire/Rescue Division, addressed the Board to state this came about because of a fire that occurred in the Sabal Point area. He explained how they were not able to connect to a hydrant; but noted that at no time during the fire did they run out of water. He stated the County Attorney’s office was contacted to see who has authority to oversee operation of these hydrants. He said the private water utilities are responsible for maintaining the systems and they can be held liable if they do not maintain the hydrants. There is no mandatory testing required by the Public Service Commission or any other State agency. Staff wanted to bring forward a locally-imposed ordinance requiring the testing, but the County Attorney’s office felt that would not be upheld by the Courts because the jurisdiction is under the Public Service Commission. He stated there are recognized standards for testing and maintenance included in the NFPA 24 and American Waterworks Association. The Seminole County utilities and municipal utilities follow those standards, but there is nothing that mandates that for private utilities. The bottom line is, while the County cannot dictate to the private utilities the schedule they follow to maintain these, they feel the national standards are very clear. During the 2004 Legislative session, SB 0636 was presented and that would have required the private utility companies do an annual test on these hydrants, but it died in the House. Staff anticipates that this will be brought up at the next Legislative session. Staff is recommending that the delegation support this effort. One concern that staff has is when you test a hydrant it has to be flowed. Since they are under water flow restrictions by St. Johns, they may not be able to do that; but they are checking into that.

Mr. McMillan stated he spoke to the Director of the Board of the Water Use Regulations this morning and the rules do prohibit flushing of fire hydrants during the severe water emergency. He indicated that they were not enforcing that and there is a variance they would grant if the County asks for it.

Chairman Henley stated he feels it is an important public safety issue and he would suggest that they ask their lobbyist if they can get the Delegation to endorse the bill.

Commissioner Dallari stated he would like to have the Fire Chief take a look at that bill to make sure that the hydrants are being tested per the NFPA and American Waterworks Society. He stated in that bill, he would suggest that each hydrant be located through GPS so the fire department will know where they are located.

Mr. McMillan stated the County might be able to do something through their Land Development Code, stating the hydrants have to meet certain standards. The problem is once they are in, the maintenance becomes a question for the PSC.

Commissioner Carey stated the developments coming in now are required to have fire hydrants and then they are turned over to the private utility company, county or city facilities. She stated there aren’t many private fire hydrants in existence. Testing must be done on an annual basis.

Mr. McMillan stated the County’s system ends at the property line and the property owner owns all of the lines and hydrants on the parcels.

Upon inquiry by Commissioner Van Der Weide, Chief Schenk advised the problems they are running into is the apartment complexes. If the bill is pushed, it needs to include those.

Commissioner Morris stated the Public Safety Department relies upon a private sector service to have available equipment that works and it defies logic that these private sector utilities are not doing uniform testing. If the Fire Department does not know that these tests are being done on a regular basis, then it does no good. The citizens believe the fire hydrants are the County’s and they are not. He stated he feels the Board needs to review SB 0636 as he has concern with the apartment complexes that Chief Schenk referred to. He said he feels when they start getting into apartments, they are going to get into other issues and staff may want to back away from that. The failure of a hydrant deals with property, lives and delay times as a critical issue pertaining to insurance. He stated this needs to be taken to the Delegation and if they cannot do it through a statewide standard, then they need to get a home rule to at least have a local selection. He recommended getting endorsements from the other seven municipality fire chiefs. He added he would hope that staff approaches the Fire Chiefs Association of Florida to see if they are willing to push this agenda.

Mr. Lee suggested that staff could pursue this on a parallel course by going to the PSC and only deal with their regulated utilities.

Upon inquiry by Commissioner Dallari, Mr. Grace advised he does not know how many hydrants exist in the County. He stated the County has not made any efforts to test them and if they do, they will be placed in a liability issue. That is the responsibility of the private sector.

Commissioner Morris stated the Board may want to consider doing their own ordinance requiring this to occur and then try to enforce the ordinance and then drive this through the court system.

Maryanne Morse left the meeting at this time.

REGULAR AGENDA

Matt West, Planning Manager, addressed the Board to present request for a reduction to the Code Enforcement Board lien, totaling $9,150, on property located at 306 Fairmont Drive, Sanford, Florida, Case #02-106-CEB, Brenda J. & Jon R. Day. He stated the property owners were not aware of the violation and once they found out about this, they took immediate steps to remove the violation. Staff recommends the Board approve the reduction of the lien.

District Commissioner Carey stated staff has briefed her on this issue. She stated when she reviewed this file, she noticed that there were 6 returned letters and it was obvious that the owners did not know about the violations. She said she feels that this is something staff needs to look into on how to address these issues when they cannot contact the owners. She also expressed her concern with how they calculate their administrative fees.

Motion by Commissioner Carey, seconded by Commissioner Dallari to approve a reduction in the amount of $959.52 to the Code Enforcement Board lien on property located at 306 Fairmont Drive, Sanford, Brenda J. & Jon R. Day, owners, Case #02-106-CEB; and require the reduced amount to be paid within 30 days or the lien will revert back to the original amount of $9,150 and upon payment in full, authorize Chairman to execute the Satisfaction of Lien, as shown on page ________.

Under discussion, Commissioner Morris stated he feels the Board has dealt with a variety of these issues in the past and used to have a very random way of dealing with this. He stated the problem that he has is people deliberately scoffing the law and it directly affects property values in the neighborhood. The formula that staff arrived at is one that reduced the fine significantly and in this case the correction occurred. He stated he feels they have a unique situation here.

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

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Mr. West presented a request to waive the Code Enforcement Board lien totaling $126,500, on property located at 1000 End of the Trail, Geneva, Florida, Case #00-105-CEB, Teresa and Robert Trombley. He stated this property has more than one potential owners involved. The violations involved several issues relating to accumulation of trash and debris, uncultivated vegetation, and abandoned vehicles. He said this case expanded several years and it was finally resolved late last year. The Pecks and the Trombleys have requested that the lien be waived. He stated they have submitted a financial packet (not received and filed). The amount of the fine is four times more than the property value. Staff is recommending, based on the severity of the violations and the length of time it took to get it in compliance, that the amount of the lien be reduced to $3,500, to be paid within 30 days or it will be reverted back to the original amount.

District Commissioner Carey stated code violations are serious issues and this particular case is very interesting. She stated she just received the financial affidavits and both attorneys have briefed her. She asked if this lien was reduced to $3,500, could the Trombleys seek a mortgage in order to satisfy that portion of the lien. If the Trombleys are unsuccessful in purchasing this property and the Pecks retain ownership after 60 days, the Pecks (who are elderly) would have to satisfy the lien.

Mr. McMillan suggested making a motion to give the owners time to make the payment and if it doesn’t go forward, it will be brought back for further action. Discussion ensued.

Motion by Commissioner Carey, seconded by Commissioner Morris to approve reduction to $1,750 to the Code Enforcement lien on property located at 1000 End of the Trail, Geneva, Florida, Case #00-105-CEB, Teresa and Robert Trombley; and require the reduced amount to be paid within 60 days or the lien will revert back to its original amount of $126,500, and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien, as shown on page ________.

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

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Rebecca Hammock, Planning, addressed the Board to present request to approve the revised site plan subject to conditions contained in the Development Order #90-9455, for the Maitland Oaks Professional Office zoned Office Professional (OP) and Residential Professional (RP), located on the east side of Maitland Avenue, south of Florida Haven Drive and north of Lake Shore Drive, Bishop and Bertot Development LLC. She reviewed the proposed request as outlined in the Agenda Memorandum. She advised staff recommends approval of the request subject to the approved Development Order #90-0455. A memorandum from Ms. Hammock submitting the previously approved site plan was received and filed.

Commissioner Morris left the meeting at this time.

District Commissioner Henley recommended approval of the request.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the revised site plan, subject to conditions contained in the Development Order #90-9455, for the Maitland Oaks Professional Office zoned Office Professional (OP) and Residential Professional (RP), located on the east side of Maitland Avenue, south of Florida Haven Drive and north of Lake Shore Drive, Bishop and Bertot Development LLC.

Districts 1, 3, 4 and 5 voted AYE.

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Matt Chesler, Community Information, addressed the Board to request direction regarding setting forth negotiations with Bright House Networks, LL, for renewal of a cable television franchise. He suggested adding a representative from the School Board and one from Seminole Community College to the Negotiating Committee.

Commissioner Morris reentered the meeting at this time.

Commissioner Carey stated she has problems having five Negotiating Committee members and then adding two. She stated she personally would like to see reducing the size of the negotiating committee to the people who have negotiated in the past and then have the School Board and SCC members be advisory members rather than being involved in the negotiation process. She said she feels that Commissioner Morris was instrumental in 1998 with the consolidation of the franchises and she would recommend that he serve as the Board representative.

Mr. Grace stated he would work with the County Attorney and Board member in determining whom the representatives would be on that committee.

Commissioner Carey stated she feels they have a lot of redundancy here, as there are a lot of department heads on this committee. She asked if it takes all of them to negotiate a contract.

Commissioner Van Der Weide stated he has the same concerns, but one of the biggest issues is they are negotiating for a second channel. The number one question is do they have enough room to handle all of the School Board issues and what is the cost of that second channel.

Mr. Grace stated he agrees that there are too many people on the committee. What he is suggesting is let him work with the Board representative and the County Attorney to determine how many should be on the committee. He stated he feels the additional channel should be reserved and they will try to get that implemented and that channel will be related to education.

Commissioner Van Der Weide questioned if the School Board and the Community College have enough programs to fill the second channel, and are they going to be willing to contribute to the cost.

Chairman Henley stated that would be negotiated with both entities.

Commissioner Dallari stated he would not have a problem appointing Commissioner Morris as the Board representative. He stated giving the second channel to the School Board and SCC is imperative.

Upon inquiry by Mr. Grace, Mr. Chesler advised the current franchise requires a second channel to be provided upon renewal for educational purposes.

Commissioner Morris stated he feels the Board needs to make sure what they are getting into. He reminded the Board that they are not starting this on the same good grace as they had the last time.

Commissioner Van Der Weide stated the franchise will be talking to all of the Board members. He stated this is expensive and he would like to see more cost sharing. He noted that all County residents do not get the SGTV channel.

Commissioner Morris stated he would like to report to the Board, prior to going into negotiations, the primary issues they see and the primary requests they will be making.

Chairman Henley summarized that the Board would like a small committee and Commissioner Morris will be the Board representative. Commissioner Morris will come back with recommendations after the committee is finalized.

COUNTY MANAGER’S BRIEFING

Chairman Henley stated he will defer the briefing item (Litter Issues) for this afternoon’s meeting after the public hearings.

REGULAR AGENDA (Continued)

Jerry McCollum, County Engineer, addressed the Board to present request to approve the transition of a section of wall adjacent to the Amberwood Subdivision, which is creating an unsightly condition. Pictures of the wall were displayed.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve the transition of a section of the Amberwood Subdivision, wherein, the existing 4-foot section will be removed and a transition wall section be built that steps down gradually from the 12-foot wall section to the 6-foot wall section.

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

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The Chairman recessed the meeting at 12:05 p.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to accept the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

CONSIDERATION OF APPEAL AGAINST BOA,

RICHARD & JAY SHIRAH/SPRINTCOM, INC., Continued

Continuation of a public hearing to consider an Appeal against the Board of Adjustment’s decision to approve request for: (1) Special Exception to establish a 194 foot tall monopole communication tower in the A-5 (Rural Zoning Classification District); and (2) Associated variances from 582 feet to 60 feet, 582 feet to 230 feet, 582 feet to 270 feet, 582 feet to 450 feet, and 582 feet to 535 feet to reduce the minimum distance separation from the proposed tower to the nearest properties with single-family dwellings, Richard & Jay Shirah/Sprintcom, Inc., as described in the proof of publication.

Chairman Henley advised of request by the applicant to continue this hearing until the next BCC meeting. Copy of E-mail was received and filed.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Dallari to continue until January 25, 2005, at 1:30 p.m., or as soon thereafter as possible, consideration of an Appeal against the Board of Adjustment’s decision to approve request for: (1) Special Exception to establish a 194 foot tall monopole communication tower in the A-5 (Rural Zoning Classification District); and (2) Associated variances from 582 feet to 60 feet, 582 feet to 230 feet, 582 feet to 270 feet, 582 feet to 450 feet, and 582 feet to 535 feet to reduce the minimum distance separation from the proposed tower to the nearest properties with single-family dwellings, Richard & Jay Shirah/Sprintcom, Inc., as described in the proof of publication.

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

CONSIDERATION OF APPEAL

AGAINST BOA, BONNIE GIROUX

Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s denial of a Special Exception for the one-year placement of a mobile home/construction trailer in the A-1 (Agriculture District) while a single-family home is under construction located at 331 Beach Avenue, Longwood, Bonnie Giroux, received and filed.

Copy of Fax from the applicant requesting the continuance was received and filed.

Motion by Commissioner Morris, seconded by Commissioner Dallari to continue until January 25, at 1:30 p.m., or as soon thereafter as possible, consideration of an Appeal against the Board of Adjustment’s denial of a Special Exception for the one-year placement of a mobile home/construction trailer in the A-1 (Agriculture District) while a single-family home is under construction located at 331 Beach Avenue, Longwood, as described in the proof of publication, Bonnie Giroux.

Under discussion, Chris Culberson, 1311 Boyer Street, addressed the Board to vehemently object to the continuance, stating there is a group of residents in the audience who are ready to address this issue.

Chairman Henley explained that the Board discussed this continuance at this morning’s meeting and directed staff to notify interested parties that the item would probably be continued. He added that traditionally the Board does honor requests for continuances.

Mr. Culberson stated that he and others took time off from their work to attend this hearing.

Commissioner Morris stated he will amend his motion to continue the hearing to 7:00 p.m. instead of 1:30 p.m. Commissioner Dallari agreed to the amendment.

Mr. Culberson reiterated his request that the hearing not be continued. He questioned whether the Board will grant another continuance if the applicant requests it at the January 25 hearing. Whereupon, the Chairman advised that will be a decision made by the Board at that time. He added that some hearings have been continued for up to two years.

Marylyn Joy, 339 Beach Avenue, addressed the Board to advise she lives next door to the property in question and she has reason to believe that there are people living in the shell of the house. She also objected to the continuance.

Chairman Henley stated that is a code enforcement issue and he will have staff check the property.

Speaker Request Forms were received and filed.

The motion, as amended, was voted upon and carried unanimously with Districts 1, 2, 3, 4 and 5 voting AYE.

CONSIDERATION OF VACATE &

ABANDONMENT, EVELYN & ANDRE NEHME

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the public rights-of-way of Barton Street and Victor Avenue adjacent to Lots 7 through 11, Block C, Sanlando Springs Tract #25, Evelyn and Andre Nehme, received and filed.

Planner, Denny Gibbs, addressed the Board to present the request, advising the applicant is requesting to vacate an unimproved 50-foot wide by approximately 200-foot long section of Barton Street and Victor Avenue. She said the right-of-way is no longer needed and will not hinder access to any other parcel. She added that staff has no objections to the request.

Ed Bacon, Stanley Street, addressed the Board to state he walks his dog on this property and does not know what the advantage is to vacating it.

The Chairman advised this would put the property back on the tax rolls.

No one else spoke in support or in opposition.

District Commissioner Henley recommended approval of the vacate.

Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-8, as shown on page _______, vacating and abandoning a portion of the public rights-of-way of Barton Street and Victor Avenue adjacent to Lots 7 through 11, Block C, Sanlando Springs Tract #25, as described in the proof of publication, Evelyn and Andre Nehme.

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

CONSIDERATION OF REQUEST TO REZONE FROM

A-1 TO R-1A, AL GHANDOUR/MAG DEV. CO.

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling District) for 10 acres located on the west side of Old Lockwood Road, .5 mile north of McCulloch Road, Al Ghandour/Mag Development Co., received and filed.

Planner, Jeff Hopper, addressed the Board to present the request, advising the zoning classification would permit the applicant to develop lots at a minimum 9,000 square feet in size and 75 feet in width. He said the property, with LDR land use, could have a maximum of four units per net buildable acre. However, the request for rezoning is subject to the lot compatibility analysis required under Ordinance #98-53. He added the analysis supports a zoning classification of R-1AA and staff would recommend approval.

At the request of Commissioner Carey, Mr. Hopper stated he will review the Development Order for the adjacent development to determine if a wall was required.

Al Ghandour, applicant, addressed the Board to state he will exceed the 2,000 square foot living area requirement and the prices of the homes will be in the $300,000’s and higher. He added that he will end up with 26 to 27 lots depending on code requirements.

Upon inquiry by District Commissioner Dallari, Mr. Ghandour committed that the homes will be a minimum of 2,000 square feet, plus a two-car garage and patio area, making the total living area to be at least 3,000 square feet under roof.

No one else spoke in support or in opposition.

Speaker Request Form for Keith Anderson in support was received and filed.

Motion by Commissioner Dallari, seconded by Commissioner Morris to adopt Ordinance #2005-1, as shown on page _______, approving rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling District) for 10 acres located on the west side of Old Lockwood Road, .5 mile north of McCulloch Road, as described in the proof of publication, Al Ghandour/Mag Development Co.; and approval of Development Order, as shown on page _______, subject to the home sizes (habitable floor space excluding garages) being a minimum of 2,000 square feet.

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

CONSIDERATION OF OAK PARK/BELLE

MEADE WALL RECONSTRUCTION MSBU

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance creating the Oak Park/Belle Meade Wall Reconstruction Municipal Services Benefit Unit (MSBU) for the purpose of reconstructing the Oak Park subdivision wall and two entranceway walls located on Dodd Road and Gallagher Loop, received and filed.

Kathy Moore, Fiscal Services, addressed the Board to present the request, stating the petition for the improvement demonstrated a 75.5% support rate relative to the 74 properties. She advised the total cost is $215,390 and will be allocated to each of the properties in the amount of $2,879 over an 8-year period. She added staff is requesting adoption of the ordinance and execution of the required lease agreement/temporary easement documents.

Upon inquiry by Commissioner Carey, Ms. Moore advised this wall has not been included in the reconstruction project for walls along Dodd Road. However, she said the residents have a request to present to the Board with regard to construction issues.

County Engineer, Jerry McCollum, advised he has met with the residents. He stated this wall is about a half of a mile north of what was discussed in this morning’s meeting. He explained that the County’s wall policy relates to changes in sidewalk elevations next to walls. In this case, the wall does not fit within the wall policy.

District Commissioner Dallari distributed pictures (received & filed) of the wall for the Board to review.

Paul Verlander (phonetic), landscape architect, addressed the Board to advise he has been working on the wall design with the homeowners association for about a year and a half. He said it will be a dramatic improvement for the intersection; however, he is concerned with the road elevation in places. He added he looks forward to getting the program underway.

Will Brown, 4097 Gallagher Loop, addressed the Board to state they are a small group and would appreciate the Board’s consideration.

No one else spoke in support or in opposition.

District Commissioner Dallari stated the first action he would recommend is approving the MSBU. He said his second recommendation would be to continue to work with the residents to determine how the wall should be built.

Motion by Commissioner Dallari, seconded by Commissioner Morris to adopt Ordinance #2005-2, as shown on page _______, creating the Oak Park/Belle Meade Wall Reconstruction Municipal Services Benefit Unit (MSBU) for the purpose of reconstructing the Oak Park subdivision wall and two entranceway walls located on Dodd Road and Gallagher Loop, as described in the proof of publication; and authorize the Chairman to execute the required Lease Agreement/Temporary Easement documents, as shown on page _______.

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

District Commissioner Dallari stated the issue is the height of the wall so that they can provide the residents privacy. He said when the road is higher than the sidewalk, it defeats the purpose of the ordinance. Therefore, he would like to work with the homeowners association and staff and do some value engineering to find out what the costs are for another foot or two in height. He said he will bring this back to the Board for consideration.

Commissioner Carey stated she would like staff to provide the entire history of this item.

Mr. McCollum stated this wall was not impacted by the road work done, as the sidewalk was not touched.

District Commissioner Dallari reiterated that he would like staff to research the wall and see what the original height of the wall was compared to the sidewalk and the road. Also, staff to determine what the cost would be for an additional foot or two to make the wall higher; and the legality of the County spending money on private property.

Chairman Henley stated the Board has already approved the MSBU and questioned if they got the “cart before the horse”.

Mr. Grace advised the final assessment will not be set until later - after the construction is done.

The Chairman confirmed that the staff has their direction from Commissioner Dallari.

CHAIRMAN’S REPORT

Chairman Henley stated he is in receipt of a letter from MetroPlan requesting appointments to their Citizens Advisory Committee. He said it is his understanding that Keylor Chan requests to be reappointed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to reappoint Keylor Chan to the MetroPlan Citizens Advisory Committee.

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

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Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to appoint Dennis Bowman to the MetroPlan Citizens Advisory Committee.

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

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Chairman Henley discussed the priority-setting process for 2005. He said copies of proposed work session dates and subject matter have been distributed (copy received & filed).

Commissioner Morris stated he would like the Fiscal Services Department to be first on the list. Chairman Henley stated he has no problem with that.

Commissioner Morris stated it is important for Fiscal Services to set goals and procedures. He noted that recently court attorneys were not paid for eight weeks and he does not believe that is acceptable. He added that he feels it is important to understand how Fiscal Services is dealing with budget demands.

The Board voiced no objections to including Fiscal Services in the first work session on priorities scheduled for February 1, 2005.

Mr. Grace stated he would also like to include discussions on fire hydrants. The Board agreed that fire hydrants should be included in the work sessions under water & sewer or public safety.

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Chairman Henley suggested sending Commissioner Morris to the National Association of Counties national conference.

The Board voiced no objections to sending Commissioner Morris.

DISTRICT COMMISSIONERS’ REPORTS

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint/reappoint the following:

PARKS & RECREATION ADVISORY BOARD - Roger Cooper/term ending 1/1/06

WELL DRILLERS BOARD - Steve Young/term ending 1/1/06

CODE ENFORCEMENT BOARD - Melanie Chase/term ending 1/1/08

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

Commissioner Van Der Weide left the meeting at this time.

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Motion by Commissioner Carey, seconded by Commissioner Dallari to appoint/reappoint the following:

HISTORICAL COMMISSION - Sandra Carroll/term ending 1/1/07

DIABILITY ADVISORY BOARD - Dale Chesko & Connie Kreinbring/terms ending 1/07; & adopt appropriate Resolution #2005-R-10, as shown on page ________, commending Deborah Kirby for her services on same.

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

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Commissioner Carey stated that she has scheduled a tour of the Geneva area with the Stormwater Division and asked for any citizen who has a problem in that area to contact her office. She said she also has scheduled tours on Parks, Libraries and Roads and asked citizens to contact her if they have any issues dealing with these items.

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Commissioner Carey stated as a new member, she will be attending the next meeting of MetroPlan and will report back to the Board on same.

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Commissioner Carey advised that the first Cities/County reception has been scheduled for Thursday, January 27, 2005 at 5:30 p.m. at SCC.

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Motion by Commissioner Dallari, seconded by Commissioner Morris to appoint/reappoint the following:

HISTORICAL COMMISSION - David Miller & Eunice Mann/terms ending 1/1/07; and adopt appropriate Resolution #2005-R-9, as shown on page _______, commending Willie Thomas for his service on same.

NATURAL LANDS COMMITTEE - Leigh McEachern & Kim Jennison/terms ending 1/1/07

PARKS & RECREATION ADVISORY BOARD - David Moons/term ending 1/1/06

ELECTRICAL CONTRACTORS BOARD - Gene Simpson/term ending 1/1/06

SWIMMING POOL BOARD - Steve Henken/term ending 1/1/06

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

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Motion by Commissioner Morris, seconded by Commissioner Dallari to appoint/reappoint the following:

NATURAL LANDS COMMITTEE - Jeffrey Manners/term ending 1/1/07

HISTORICAL COMMISSION - Etta Jane Keogh/term ending1/1/07

WELL DRILLERS BOARD - Lee Voorhees/term ending 1/1/06

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

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Commissioner Morris stated there was a major soccer event at Lake Sylvan Park recently (broadcasted by FOX) and he has seen nothing about it nor was he told about the event by staff. He requested a report from staff on this event at the next BCC meeting.

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Commissioner Morris discussed the clean-up of Big Tree Park where the “Senator” is located. He stated that next to the “Senator” is another large tree that has not been named. He suggested having a program (including the Parks Department, and the School Board) where school children could name the tree. He said this program could be a reeducation program for the park. He requested Library & Leisure Services Director, Suzy Goldman, give the Board a report on this at the next BCC meeting.

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Commissioner Morris questioned where the County is on the bond issue for the second phase of the trails.

Fiscal Services Director, Lisa Spriggs, addressed the Board to advise she has been working with Financial Advisor, Gary Akers. She said Mr. Akers will be getting back to her with some information and has suggested that the County might go to local banks for funding because it is only $6.5 million.

Commissioner Morris stated this was discussed six months ago and now they are waiting for additional information. He said the County is trying to move the program along and the favorable interest rates will not last forever. He also questioned what is happening with the Bank of America proposal for the water and sewer bonds the Board received on November 30, 2004.

Mr. Grace stated a meeting is scheduled for next week with Mr. Akers.

Commissioner Morris reiterated the proposal was dated November 30, 2004 and he believes it is important that the information is delivered to the entire Board in a timely manner. He said it should be the Board’s determination relative to the refinancing. He added that they may have lost this opportunity.

Mr. Grace stated that over a course of a year, the County receives several proposals - some are big proposals and others are just looking to generate business.

Commissioner Morris stated the document was received six weeks ago and he believes the Board should already have an answer on it.

Mr. Grace stated staff will provide copies and a briefing to all the Board members.

COUNTY MANAGER’S BRIEFING

Solid Waste Manager, David Gregory, addressed the Board to give a brief overview on the recent activities that the Solid Waste Division has taken in response to questions from the Board concerning solid waste hauling litter. He gave a PowerPoint presentation (copy received & filed) on the following: Background on Litter; Immediate Response to Litter; Administrative Approaches; Residential Solid Waste Franchises; Commercial Solid Waste Franchises; County Code; and Shared Responsibility.

Commissioner Morris thanked staff for their good work on this issue. He said he likes the proposed administrative charge changes ($100; $250; & $500), the letters written to the haulers, and the stickers (phone number to call if the truck is littering) being put on the trucks. He also suggested random checking on a rotating basis and that this would also pertain to City haulers because they are using County roads.

Upon inquiry by Commissioner Carey, Attorney McMillan advised these specific fees apply to commercial haulers and do not apply to individual citizens (they would be cited by the Sheriff’s Office).

The Board, by consensus, directed staff to move forward with all recommendations presented by staff.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 12/10/04 to Chairman from Clayton Wilder, Community Program Administrator, FL. Department of Law Enforcement, re: Acceptance of financial and programmatic reports for the Child Abuse Victim Assistance Tracking System 4. (cc: BCC, Co. Manager, Deputy Co. Managers, Sheriff Office)

2. Copy of letter dated 12/16/04 to Jackson Heinzelman, Sem. County Cartographic Department, from Calvin Livingston, Vice President/General Counsel, Paulucci International Ltd., re: Appreciation for map. (cc: BCC, Co. Manager, Deputy Co. Managers, Community Resources)

3. Letter dated 12/15/04 to Chairman (with attachment) from E. Ann McGee, President, Seminole Community College, re: Development of a Public Safety Training Complex Driving Track. (cc: BCC, Deputy Co. Managers)

4. Copy of letter dated 12/16/04 to Kevin Grace, Co. Manager, from Ronald McLemore, City Manager, Winter Springs, re: Painting of Bridge. (cc: BCC, Co. Managers)

5. Letter dated 12/16/04 to BCC and School Board Members (with attached letter to the Orlando Sentinel Editor) from Everett Huskey, Huskey Development, re: Controlled development.

6. Memorandum dated 12/17/04 to BCC (with attachment) from Kevin Grace, Co. Manager re: County Funding of Central FL. Zoo.

7. Copy of letter dated 12/16/04 to Dik Belasto (with original correspondence attached) from Chairman re: Communications during time of emergencies. (cc: BCC, Public Information Officer, Public Safety Director)

8. Letter dated 12/15/04 to Chairman from T.J. Levey, President, Palm Valley Homeowners Association re: Proposed Townhouses support.

9. Notice of exemption from the Department of Transportation to abandon 3.4 mile line of railroad in Forest City, Seminole Co. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Engineer, Co. Attorney)

10. Notice of Consummating Order from the Public Service Commission re: Application for rate increase. (cc: BCC, Co. Manager, Deputy Co. Managers, Franchise Coordinator, Co. Engineer)

11. Letter dated 12/13/04 to Chairman (with attachments) from Tyra Miller, Administrative Director, Property Appraiser Office, re: 2004 Final Certified Taxable Values. (cc: BCC)

12. Letter dated 12/12/04 to Chairman from Linda Radun re: Seminole Co. Animal Shelter. (cc: BCC, Co. Manager, Deputy Co. Managers, Animal Control Manager)

13. Notice of conditional use public hearing on 1/13/05 for the City of Sanford. (cc: BCC, Co. Manager, Deputy Co Managers, Planning & Development Director, Planning Manager, Support Services)

14. Copy of identical letter dated 12/14/04 to Seminole Co. Legislative Delegation from Chairman re: Opposition to unfunded mandate for the Department of Juvenile Justice. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Co. Lobbyist)

15. Letter dated 12/1/04 to Chairman from Karen Ponder, Clerk to the Seminole Co. School Board, re: School Board Liaison for 2005. (cc: BCC, Co. Manager, Deputy Co. Managers)

16. Copy of Resolution #1016-04 from the City of Oviedo supporting legal positions involving the rural area charter amendment. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning Manager)

17. Letter dated 12/15/04 to Chairman from Karl Sanders & Edwards Cohen re: Continuance of BOA Appeal (Cingular Wireless Communications Tower). (cc: BCC, Co. Manager, Deputy Co. Managers)

18. Contracts for service, as shown on page _______, between Seminole County and the following: Jessica Suarez (Slow Pitch Softball Scorekeeper), Donald McGinnis (Tennis Instructor), John Parsi (Slow Pitch Softball Umpire), Clint Ekelund (Tennis Instructor).

19. Letter dated 12/21/04 to Chairman from Clayton Wilder, Community Program Administrator, FL. Department of Law Enforcement, re: Acceptance of financial and programmatic reports for the Computer Crime Investigations 3. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services)

20. Letter dated 12/21/04 to Chairman from Clayton Wilder, Community Program Administrator, FL. Department of Law Enforcement, re: Acceptance of financial and programmatic reports for the Seminole Co. Electronic Monitoring 1. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services)

21. Letter dated 12/21/04 to Chairman from Nelson Bregon, General Deputy Assistant Secretary, U.S. Dept. of Housing and Urban Development, re: FY 2005 Allocations. (cc: BCC, Co. Manager, Deputy Co. Managers, Community Resource Manager, Community Services Director, Fiscal Services Director)

22. Memorandum dated 12/23/04 to FL. Co. Commissioners, Co. Mayors and Co. Council Members (with attachment) from FAC Executive Director Search Committee re: Fl. Association of County Executive Director Search.

23. Notice of 2005 Governing Board meeting schedule for the St. Johns River Water Management District.

24. Notice of Application for deletion and amendment of service area for the Palm Valley Utilities. (cc: BCC, Co. Manager, Deputy Co. Managers, Environmental Services Director)

25. Letter dated 12/15/04 to Chairman from Clayton Wilder, Community Program Administrator, FL. Department of Law Enforcement, re: Acceptance of financial and programmatic reports for the Altamonte Springs Police Department in Car Cameras Catch Criminals 1. (cc: BCC, Co. Manager, Deputy Co. Managers, Sheriff Office)

26. Notice of Health Council of East Central FL. Board of Directors meeting on 1/21/05.

27. Letter dated 12/18/04 to Chairman (with attachments) from B. L. Thompson re: Drainage modifications CR 419 and the Sanctuary. (cc: BCC, Co. Manager, Deputy Co. Managers, Stormwater Manager)

28. Copy of memorandum dated 12/23/04 to Sandy McCann, Supervisor, County Commission Records Office, from Becky Noggle, Sr. Coordinator, Environmental Services Dept re: Submission into Co. Records.

29. Letter dated 12/20/04 to BCC from Diane Pickett Culpepper, Bright House, re: Changes in Internet services.

30. Letter dated 12/16/04 to BCC (with attachment) from Ernie Padgett, Manatee County Administrator, re: Juvenile Detention bill passing the FL. Legislature. (cc: Co. Manager, Deputy Co. Managers, Co. Attorney, Lobbyist)

31. Letter dated 12/29/04 to Chairman from Ray Eubanks, Department of Community Affairs Administrator, re: Comp. Plan Amendment No. 04-2 receipt. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

32. Letter dated 12/27/04 to Chairman (with attached Ordinance #04-1740) from Sarah Mijaries, Longwood City Clerk re: Annexation adopted. (cc: BCC, Co. Manager, Deputy Co. Managers, Property Appraiser, Supervisor of Elections)

33. Copy of letter dated 12/23/04 to Gloria Wade, Animal Welfare Alliance of Central Florida (with original correspondence attached) from Chairman re: Collection of fees for Animal Services.

34. Memorandum dated 1/03/05 to BCC from Chairman re: 2005 Liaison Appointments.

35. Copy of facsimile sent to Seminole County Legislative Delegation (with attachments) from Chairman re: Community Budget Request forms for 2005.

36. Notice and agenda for Sanford Community Development Agency meeting 1/05/05.

37. Copy of letter received 01/07/05 to Patrick Fagan, Rinker Materials Vice President (with attachments) from Vivian Garfein Director, Department of Environmental Protection, re: Denial of Application for Permit to operate a wastewater treatment and disposal system in Sanford. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning Director, Environmental Services Director)

38. Copy of letter dated 01/05/05 to Kevin Grace, Co. Manager, from Bill Vogel, Seminole Schools Superintendent, re: Dedicated channel for School Board broadcasting on Brighthouse Networks.

39. Letter dated 01/07/05 to Chairman from Clayton Wilder, Community Program Administrator, FL. Department of Law Enforcement, re: Seminole County Career Criminal Investigations 2 project. (cc: BCC, Co. Manager, Deputy Co. Managers, Sheriff Office, Fiscal Services)

40. Letter received 01/06/05 to BCC from Terry Coleman, Right-of-Way Department, FL. Gas Transmission Company, re: Activities on pipeline on or near County-owned property. (cc: Co. Manager, Deputy Co. Managers, Support Services, Engineering)

41. Memorandum dated 01-05-05 to BCC from Robert Adolphe, Environmental Services Director, re: Artesian Well Plugging Program.

42. Letter dated 12/31/04 to BCC (with attachments) from John Saboor, Executive Director and Doug Barclay, Seminole County Marketing Manager, Central FL. Sports Commission, re: November 2004 activities.

43. Letter dated 01/05/05 to BCC from Diane Culpepper, Brighthouse, re: Programming service changes.

44. Memorandum dated 01/07/05 to Chairman from Commissioner Dallari re: IT/IS changes.

45. Copy of letter dated 01/04/05 to David Damron, Staff Writer, Orlando Sentinel (with attachments) from E. Everette Huskey, Realtor, re: Support for attracting cutting edge industry to the area. (cc: BCC, Co. Manager, Deputy Co. Managers, Economic Development Director)

46. Copy of letter dated 01/05/05 to Plan Processing Team, FL. Dept. of Community Affairs, from Chairman re: Transmittal of adopted Small Scale Plan Amendments to the Comp Plan.

47. Memorandum dated 12/15/04 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer (Soliders Creek Baseball Improvements).

48. Memorandum dated 12/20/04 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer (CR 46A, Phase III).

COUNTY MANAGERS’S REPORT

BCR #05-17 in the amount of $516,095 for Orange Boulevard bridge repair was presented for action.

Motion by Commissioner Carey, seconded by Commissioner Dallari to approve BCR #05-17 in the amount of $516,095, Public Works: 13000 - Stormwater Fund, for repair of the Orange Boulevard bridge that was severely eroded because of Hurricane Frances.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Carey requested Mr. McCollum advise her of the work schedule for this project so that she may inform interested residents.

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The Chairman recessed the meeting at 3:25 p.m., reconvening at 7:00 p.m. with all Commissioners and all Other Officials with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARINGS

BOAT DOCK REGULATIONS ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing for consideration of a Boat Dock Regulations Ordinance to clarify and create consistent language regarding boat docks throughout the Zoning Code, received and filed.

Planning Manager, Matt West, presented the request, stating that one of the things that came out of the discussions on this ordinance was the height of the boathouses. He said the Code currently restricts the height to no more than 10 feet above the mean high water level to the highest point on the boathouse. The P & Z recommended approval of the Ordinance, subject to increasing the maximum height of the boathouses from 10 feet to 15 feet and measuring the height of the boathouses with pitched roofs the same as they would any other building, which is the average height between the peak and the eave. That allows some flexibility. He reviewed what some of the other counties allow in their dock regulations and they all vary with different restrictions across-the-board.

Commissioner Van Der Weide stated the original discussion on this was that basically there were people who owned very expensive lakefront property who thought it was unreasonable that they couldn’t erect a dock and use their lot. As they discussed this issue, they found out all the other ramifications. Regarding the height of the boathouses, he said he knows a lot of boats that, if raised out of the water, would be over 10 feet.

Chairman Henley stated he raised the question himself that he thought it would be almost impossible to raise some boats out of the water with the current limits. He questioned if they could add or take away from the proposed ordinance as it is written. He thinks that’s why the P & Z recommended the Board adopt this and then work with staff to readvertise the amendments to cover this issue.

Mr. McMillan advised this is the first of two public hearings so no vote will be taken tonight. The changes recommended by the P & Z are changes to the currently adopted ordinance that were not advertised as part of this process. If the Board wants to make those changes, staff would have to advertise as additional changes. He advised the Board could adopt this ordinance and process the changes separately or readvertise the ordinance with the additional changes on the 15 feet height.

Commissioner Dallari recommended readvertising the ordinance with the 15 feet maximum height.

Mr. McMillan clarified if the Board also wishes to change the way the height is measured.

Whereupon, Commissioner Dallari recommended taking the staff’s recommendation by taking the maximum and do an average. That way it gives some flexibility.

Chairman Henley summarized staff is directed to start all over with the suggested changes and readvertise the ordinance and bring it back before the BCC.

Mr. McMillan advised not starting all over, but the Board will close this hearing and if staff can get it advertised, the next meeting will be the first reading of the new ordinance with the adoption hearing two weeks later; if not, staff will advertise the public hearing for the first meeting in February.

The Board consented to the process as described by Mr. McMillan.

No one spoke in support or in opposition.

Chairman Henley closed the hearing at this time.

REVISED DEVELOPMENT PLAN,

WOODS AT CASSELBERRY APARTMENTS,

FRANCISCO ROJO/LANDMARK COMPANIES

Proof of publication, as shown on page _______, calling for a public hearing to consider approving a revised Development Plan for the Woods at Casselberry apartments on approximately 10.72 acres zoned R-4 (Multi-Family Residential) located on the west side of Jergo Road approximately 800 feet south of Howell Branch Road, Francisco Rojo/Landmark Companies, received and filed.

Chairman Henley advised a request to continue (copy received and filed) this hearing has been received by the Board.

Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to the next scheduled meeting (January 25, 2005) at 7:00 p.m., or as soon thereafter as possible, the request to approve a revised Development Plan for the Woods at Casselberry apartments on approximately 10.72 acres zoned R-4 (Multi-Family Residential) located on the west side of Jergo Road approximately 800 feet south of Howell Branch Road; as described in the proof of publication, Francisco Rojo/Landmark Companies.

No one spoke in support or in opposition.

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

PCD MAJOR AMENDMENT AND APPROVAL

OF FINAL SITE PLAN/HUGH HARLING

Proof of publication, as shown on page _______, calling for a public hearing to consider approval and authorization for the Chairman to execute the PCD Major Amendment and Final Site Plan and Developer’s Commitment Agreement for the Shoppes at Tuskawilla, a 1.82 acre site located on the east side of Tuskawilla Road, ¼ mile north of Red Bug Lake Road, Hugh Harling, received and filed.

Mr. Hopper presented the request and reviewed the conditions for approval of the previous PCD plan for a restaurant on the site. He explained that the new site plan does not fully address the compatibility issues that were identified with the first PCD approval. It provides the required seven-foot buffer along the north property line, but does not show the six-foot wall adjacent to the animal hospital. Also, the applicant is proposing 11 parking spaces on the west side of the frontage road in an area that was to have been a buffer adjacent to Tuskawilla Road. He stated staff’s original recommendation was for a continuance pending redesign of the plan to address the compatibility issues. The P & Z disagreed with the recommendation. They felt the requirements for a wall along the north property line and the wide buffer along Tuskawilla Road are less important for a retail facility than for a 6,000 square-foot restaurant. Therefore, the P & Z recommended approval of the site plan with the parking located between the frontage road and Tuskawilla Road, and no wall adjacent to the animal hospital. He said there would be a wall on the east end of the property. If the Board agrees that the wall and wide buffer are not necessary, the staff has no further objections to the approval.

Mr. Hopper advised the 11 parking spaces adjacent to Tuskawilla are almost adjacent to the right-of-way line and encroach on the normally required buffer by the Code of 10 feet average width and five feet minimum width. He said the Board could waive that requirement as part of the PCD. He further advised that the corners of the parking spaces are clipped, so they are less than the ordinarily required 200 square feet size. If the plan is approved, staff would like to have the applicant add to the site plan a detailed drawing showing that the parking spaces would accommodate the average vehicle.

Commissioner Carey discussed how many lanes are currently on Tuskawilla Road in this section. She questioned if there is already right-of-way taken for any possible widening of Tuskawilla Road.

Hugh Harling, applicant, addressed the Board to state when the County did the widening on Tuskawilla Road, they took right-of-way from this property and gave impact fee credits for that. He explained that another lane could be added on the road, but that would make the curb very close to the sidewalk.

Mr. Harling distributed a presentation booklet (copy received and filed) to the Board and reviewed a picture showing the southwest corner of the property with Arby’s as the neighbor to the south. He pointed out the parking and landscaping adjacent to the Tuskawilla right-of-way. Next, he showed a picture of the parking lot across Tuskawilla Road showing there is sufficient buffer between the sidewalk and curb to put in the additional lane. The third picture showed the driveway into the subject property with the veterinary hospital to the north and wall for the residential development. He described the site plan and landscape plan.

Upon inquiry by Commissioner Morris, Mr. Harling stated he would be prepared to do four-inch DBH trees in the seven-foot buffer in the front on the Tuskawilla side. He discussed the additional parking above the requirement and their need for that due to a martial arts school and possibly a doctor’s office. Mr. Harling agreed to put in a three-foot hedge at the time of planting to be at 100% opacity. He further agreed to put in a black, wrought iron style fence to give a nicer look, as pointed out by Commissioner Morris. He advised Commissioner Morris that he is in agreement with the staff recommendations.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Dallari, to approve PCD Major Amendment, approve the Final Site Plan and approve and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, as amended tonight by staff and the applicant, and approval of the Development Order, as shown on page _______, for the Shoppes at Tuskawilla, a 1.82 acre site located on the east side of Tuskawilla Road, ¼ mile north of Red Bug Lake Road; as described in the proof of publication, Hugh Harling.

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

CHAIRMAN’S REPORT

Chairman Henley stated each Board member should have received a letter (copy received and filed) from the Sustainable Community Advisory Council asking the Board to consider the time that public input is accepted. They are asking that a time be set aside at the beginning of each of the sessions to avoid waiting so late in the evening for input. Discussion ensued.

Mr. Grace said he had not seen the letter yet. During discussion, he said maybe he and the Chairman could discuss this and bring back some recommendations.

Chairman Henley stated he would make sure everyone gets a copy of the letter and bring this up at the next Board meeting.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:32 p.m., this same date.

ATTEST:_______________________Clerk_____________________Chairman

er/slm/cc

AWARDS & PRESENTATIONS

Economic Development

Environmental Services

Business Office

Fiscal Services

Budget

10. BCR #05-11 - $250,000 – Fiscal Services – Central Charges – Fund 00100 – General Fund. This transfer is requested to cover the expenditures incurred through the Article V transition for Court Appointed Council. The County is responsible for all services rendered through June 30, 2004.

11. BCR #05-12 - $400,000 – Information Technologies – Information Services – Fund 00100 – General Fund. An accounting adjustment is requested to place budgeted funds for the J.D. Edwards Financial System implementation into the correct account line to fund consulting services.

Grants

14. Approve and authorize Chairman to execute approval to submit a Grant Application, as shown on page ________, to the Florida Department of Health for approximately 70-75 Automated External Defibrillators (AEDs) training and dissemination.

MSBU

Purchasing

Library & Leisure Services

26. Approve and authorize Chairman to execute Agreement, as shown on page ________, with the City of Sanford for a Boating Improvement Program for Fiscal Year 04/05.

Community Resources

28. Approve Amendment, as shown on page ________, to the Intergovernmental Work Services Agreement with the University of Central Florida to continue development of the Seminole County Integrated Network (SCI.NET) by execution of Phases III through V.

Development Review

29. Approve and authorize Chairman to execute the Final Plat for Bella Foresta Subdivision located south of W SR 46 on the west side of Lake Markham Road adjacent to Lake Sylvan Estates for a 54 lot single family residential subdivision (Windsor Oaks, LLC).

Public Safety

EMS Fire/Rescue

31. Approve and authorize Chairman to execute CSX Private Road Grade Crossing Agreement, as shown on page ________, for crossing of the railway located at the Fire Training Center, 201 Valentine Way, Longwood, Florida.

EMS/Trust

Public Works

Traffic Engineering

33. Adopt appropriate Resolution #2004-R-4, as shown on page ________, to reduce the speed limit on Magnolia Street from 30 mph to 25 mph in its entirety from Ronald Reagan Boulevard to Hermits Trail for a total of .56 mile.

Tourism Development

COUNTY ATTORNEY’S CONSENT AGENDA

Litigation

Property Acquisition

CONSTITUTIONAL OFFICERS (Continued)

Maryanne Morse, Clerk of Circuit Court, addressed the Board to present a check in the amount of $1,401,766.49 for excess fees collected. She stated the money was transmitted to the County’s account at the end of December.

CLERK’S CONSENT AGENDA

PROOFS OF PUBLICATION

PUBLIC HEARINGS

RICHARD & JAY SHIRAH/SPRINTCOM, INC., Continued

CONSIDERATION OF APPEAL

AGAINST BOA, BONNIE GIROUX

CONSIDERATION OF VACATE &

ABANDONMENT, EVELYN & ANDRE NEHME

CONSIDERATION OF REQUEST TO REZONE FROM

CONSIDERATION OF OAK PARK/BELLE

MEADE WALL RECONSTRUCTION MSBU

CHAIRMAN’S REPORT

DISTRICT COMMISSIONERS’ REPORTS

COUNTY MANAGER’S BRIEFING

COMMUNICATIONS AND/OR REPORTS

COUNTY MANAGERS’S REPORT

PUBLIC HEARINGS

BOAT DOCK REGULATIONS ORDINANCE

REVISED DEVELOPMENT PLAN,

FRANCISCO ROJO/LANDMARK COMPANIES