Chairman McLain expressed his appreciation for all Ms. Whiting’s years of service in preserving the history of the County.

Commissioner Morris stated Ms. Whiting is an excellent example of community volunteerism.

COUNTY MANAGER’S CONSENT AGENDA

The Chairman advised that Item #13, request to schedule and advertise a public hearing for consideration of an ordinance to create the Cub Cove Water & Wastewater Service MSBU, and Item #17, request for award of RFP-4205-03/TLC, have been pulled from the agenda. He also advised of an Add-on, Item #32A, Longwood Lake Mary Center Minor Plat.

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

County Manager

2. Approve and authorize Chairman to execute the Joint Infrastructure Agreement, as shown on page _______, with Jeno F. Paulucci regarding the retention ponds located on Rinehart Road south of SR 46, and execute all documents including a County deed.

Administrative Services

3. Approve and authorize Chairman to execute the Nonexclusive License Agreement, as shown on page _______, with Accent Signage, Inc., to purchase and use the Raster Braille System.

Community Services

4. Approve appointment of Michael Napier, M.S. current administrator of Seminole County Health Department for a two-year term effective January 5, 2004 to January 5, 2006 to the Board of Directors of the Local Health Council of East Central Florida, Inc.

Fiscal Services

Budget

5. BCR #04-06 – $502,377 – Administrative Services – Risk Management – Fund: 50100 – Self-Insurance Fund. At the 2nd Public Hearing, additional funding for renewal with Arthur J. Gallagher & Company for excess policies of property, Liability and Workers' Compensation was placed in an incorrect account line.

6. BCR #04-07 – $5,537 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund. Transfer from Parks and Recreation Division to Information Technologies to fund the upgrade of the current relay system at Sylvan Lake Park to a T-1 line to support the staff's automation needs.

7. BCR #04-08 - $50,811 – Public Works – Traffic Engineering – Fund: 11500 – 1991 Infrastructure Sales Tax Fund. As presented during Budget Work Sessions for FY 03/04, at least one reimbursable Joint Participation Signal Project is anticipated in each year’s Budget and Work Program, with specific project designation typically occurring after October 1. SR 419 @ Edgemon Avenue is such an FY 02/03 mast arm project that was rebudgeted. The amount of funding rebudgeted forward to FY 03/04 for the SR 419 @ Edgemon Avenue LAP Project inadvertently omitted two purchase orders, totaling $50,810.35, encumbered and necessary to complete this project. This transfer allocates a portion of the still undesignated FY 03/04 estimate to completion of the SR 419 @ Edgemon Avenue Project.

8. Adoption of Budget Amendment Resolution #2004-R-2, as shown on page _______, in the amount of $675,000 – Public Safety: 11200 – Fire Protection Fund. On October 14, 2003, the Board approved the purchase of the property located at 201 Valentine Way, Longwood, for use as a Fire/Rescue Emergency Training Center for a total cost of $2.375 million. The contract has since been executed with the first installment of $1.7 million paid and a promissory note for the additional $675,000 executed for payment due October 2004. It is necessary to amend the budget to establish the promissory note and related expenditure for proper accounting of the full transaction.

9. Adoption of Budget Amendment Resolution #2004-R-3, as shown on page ________, in the amount of $170,000 – Library & Leisure Services: 00104 – Boating Improvement Fund. Allocation of $160,000 for an additional boat ramp at Mullet Lake Park was made in FY 2002/03 as part of the mid-year budget amendment. The project was inadvertently excluded during the rebudget process. This action establishes the project at the now actual contract cost of $170,000 and establishes the related fund balance carry forward.

10. Adoption of Budget Amendment Resolution #2004-R-4, as shown on page ________, in the amount of $160,000 – Public Works: 11541 – 2001 Renewed Sales Tax Fund. This amendment will provide additional funds for construction of the SR46/Orange Blvd. Intersection Improvement project. Competitive quotes by contractors have come in significantly higher than previously estimated primarily due to lane closure restrictions from the Florida Department of Transportation (FDOT) and the addition of a mast arm at the intersection. After this transfer, the balance remaining in the 2001 Sales Tax Fund reserves will be $4,057,641.

MSBU

11. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Franklin C. and Brenda Procell for the Chula Vista Road Paving and Drainage Municipal Services Benefits Unit (Ordinance No. 97-94).

12. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Jason R. Bond for the Black Hammock PH II Water Distribution System Municipal Services Benefit Unit (Ordinance No. 94-10).

13. Withdrawal of request to authorize scheduling and advertising a Public Hearing for consideration of adopting an Ordinance to create “Cub Cove Water & Wastewater Service MSBU”.

Purchasing

14. Award Four Additional Contracts, as shown on page _______, under CC-1212-03/PWM – Continuing Contracts for Miscellaneous Seminole County S.H.I.P. Home Repairs, Rehabilitations, and Total Reconstruction Projects to: Homes in Partnership, Inc. of Apopka; Hunter-Nelson, Inc. of Orlando; SEMCO Construction, Inc. of Orlando; and Svenson Construction Inc. of Apopka (No change to the Not-to-Exceed amount).

15. Award CC-1220-03/TLC Contract, as shown on page _______, Lift Station Repairs & Refurbishments to Southern Electric Supply Co., Inc. dba Rexel Mader Motor & Control of Sarasota and TLC Diversified, Inc. of Palmetto (Not-to-Exceed $3,000,000.00 per year for both contractors).

16. Approve Amendment #1, as shown on page ______, to CC-1193-03/BJC – Wilson Park Construction with Pooley Enterprises, Inc., Orlando ($73,500.00).

17. Withdrawal of request to award RFP-4205-03/TLC – Insurance Brokerage Services for Seminole County to Arthur J. Gallagher & Co. – Orlando (6% Commission with a $100,000 Maximum).

18. Approve ranking list for PS-5147-03/AJP – Agreement for State Road 434 from Montgomery Road to I-4 (Final Design & Environmental Permitting, Post Design Services) and award a Master Agreement, as shown on page _______, to Inwood Consulting Engineers, Inc., Oviedo (Not-to-Exceed $1,200,000.00).

19. Approve ranking list for PS-5150-03/AJP – Master Agreement for General Environmental Services and award Master Agreements, as shown on page _______, to ECT, Inc. of New Smyrna Beach; EMS Scientists, Engineers, Planners, Inc. of Altamonte Springs; S&ME, Inc. of Winter Springs; and Water & Air Research, Inc. of Gainesville (Not-to-Exceed $749,000.00/per year for all consultants combined).

20. Approve ranking list for PS-5151-03/AJP – Master Agreement for Cassel Creek Stormwater Management and Investigation Facility and award a Master Agreement, as shown on page _______, to BCI Engineers and Scientists, Inc., Lakeland (Not-to-Exceed $250,000.00).

21. Approve ranking list for PS-5152-03/AJP – Master Agreement for Markham Regional Water Treatment Plant – Phase II Expansion Project and award a Master Agreement, as shown on page _______, to Boyle Engineering Corporation, Orlando (Not-to-Exceed $1,125,000.00).

22. Approve Amendment #1, as shown on page _______, to PS-595-01/BJC – Design and Environmental Permitting Services for Cross Seminole Trail North with Inwood Consulting Engineers, Inc., Oviedo ($14,293.92).

23. Award IFB-3079-03/GMG – Term Contract, as shown on page _______, for Drink Vending Machine Services, to Florida Coca-Cola Bottling Co., Orlando (45% commissions on $1.00 bottles and 35% on $0.60 cans).

24. Approve price increase for A/B-3024-01/JVP – Aerator Services and Pressure Cleaning for the Water and Sewer Division, with AwnClean U.S.A., Inc., Tampa.

25. Approve an increase to the Not-to-Exceed amount for A/B-3016-01/JVP – Term Contract for FDEP Chemical Sampling, with US Bio Systems, Boca Raton (Primary) and ELAB, Inc (Secondary), Orlando (Not-to-Exceed Amount Increase by $25,000.00).

26. Approve Sole Source Procurement for one (1) Hawk Extreme Tactical Off-Road Water Tender, with Pierce Manufacturing, Inc., Appleton, Wisconsin ($392,880.00).

27. Approve Sole Source Procurement for “No Smoke” system for fire apparatus, with Ward Diesel Filter, Elmira, NY ($117,000.00).

28. Report of an Emergency Purchase Order (EPO) for fire alarm inspection, testing and repair services, with Signature Systems of Florida, Inc., Casselberry (Not-to-Exceed $45,000.00).

29. Approve and authorize the Chairman to sign a no cost Agreement, as shown on page _______, with Industrial Engineering Company of Orlando for the removal of two old steam boilers and associated equipment from the Fire/Rescue Training Center.

Planning & Development

Community Resources

30. Approve and authorize Chairman to execute nine (9) Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Program’s Home Ownership Assistance Program: Suzanne Wilson, Phyllis A. Ehrenreich, Noemi Ortiz, Henry Jones, Juanita D. & Lynn Williams, Albert D. & Angela Welborn, Nicholas D. & Yong H. Defiore, Jeffrey E. Merthie, and Rodrigo Sanchez.

31. Approve and authorize Chairman to execute a Satisfaction of Homeowner Rehabilitation Program Assistance Agreement and Release of Restrictive Covenants, as shown on page _______, for Ms. Willie Mae Robison, a household assisted with emergency repair assistance under the Seminole County Emergency Repair Housing Program Grant Agreement.

Development Review

32. Adopt appropriate Resolution #2004-R-5, as shown on page _______, vacating and abandoning the Easterly 11’ of the 15’ Utility Easement on the west side of Lot 69, Autumn Glen Phase II, 1928 Shadyhill Terrace to cure the encroachment into the easement of a pool and pool deck which was permitted by the County and built in 1999 (Ronald Sellers).

ADD-ON

32a. Approve minor Plat for Longwood/Lake Mary Center Subdivision, a two-lot commercial subdivision, approximately 5 acres, located on the east side of Longwood/Lake Mary Road and north of CR 427, William & Vicki Kirtley.

Public Works

Engineering

33. Approve and authorize Chairman to execute the Florida Department of Environmental Protection (DEP) Contract No. M2101 – Amendment No. 2, as shown on page _______, in conjunction with a six (6) month contract for multi-use trail improvements within the Cross Seminole Trail Corridor.

Road Operations/Stormwater

34. Authorize release of the following Road Maintenance Bonds: #929199739 ($39,517.00) for the Colonial Grand Apartments project; and #K06586259 ($11,488.30) for B.J.’s Wholesale aka Westlake Supercenter project.

35. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _______, with Seminole County and the City of Longwood relating to Landscape and Irrigation Maintenance on segment of County Road 427 from North Street to General Hutchinson Parkway.

36. Approve and authorize Chairman to execute the Drainage Easement, as shown on page _______, between Louis A. and Margaret H. Demshock and Seminole County for the Acorn Lake Outfall Project.

37. Approve and authorize Chairman to execute the Joint Participation Agreement, as shown on page _______, between Florida Department of Transportation and Seminole County to provide funding to the County for NPDES (National Pollutant Discharge Elimination System) MS4 permit compliance.

Tourism Development

38. Approve and authorize Chairman to execute the Agreement, as shown on page _______, between Seminole County and Spring Break Sports, Inc., to bring men’s and women’s college tennis teams together for practice and competition as approved by the Tourist Development Council in the budget for FY 03-04, in the amount of $7,000.

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Property Acquisition

39. Approve settlement and execute Subordination of Utility Interest Agreement, as shown on page _______, between the County and City of Lake Mary, relating to Parcel Numbers 121 and 122, of the Lake Emma Road improvement project.

40. Authorize Binding Written Offers relating to Lake Drive road improvement project for Parcel Numbers 157, 162/862, 163/763, 765, 767, 168/768, 169/769, 775 and 776.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Upon inquiry by Commissioner Henley, Chief Penny Fleming, Sheriff’s Office, addressed the Board to advise that if the National Institute of Justice Grant for research and development of electronic crimes investigative tools is awarded, staff will determine the success of the program and bring that information back to the Board.

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

CLERK’S OFFICE

41. Expenditure Approval Lists, as shown on page _______, dated December 2, 9, 16, 23 and 30, 2003; and Payroll Approval Lists, as shown on page _______, dated December 4 & 18, 2003.

42. Chairman to execute Satisfaction of Judgment for Bail Bond Lien for Michael Gene Straub & American Bankers Ins. Co. in the amount of $2,038.

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

Olivia Kafka Boetti, Case #02-2436-CFA - $158

Olivia Marie Boetti, Case #02-1416-CFA - $328

Christopher Lee Dietzel, Case #02-2969-CFB - $328

Melvin E. Holt, Case #01-1318-CFA - $328

Darrious Deshaun Sessions, Case #02-2563-MMA - $223

Darrious Deshaun Sessions, Case #01-3543-CFCC - $328

Marriel Sessions, Case #01-4337-MMA - $189.25

44. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:

Angela Anita Ashley, Case #96005960MM - $200

Dennis W. Clark, Case #03000682MM - $260

Mary Consolato, Case #94001968CJA - $50

Mary Consolato, Case #94001405CJA - $50

Tanya L. Goldsmith, Case #02001621CFA - $200

Aaron J. Martin, Case #01004207CFA - $200

Mera Ann Mixell, Case #95006097MM - $75

Juan Ortiz, Case #03004307MMA - $100

Andres Restrepo, Case #03007781MMA - $260

Charles J. Szasz, Case #02008214MMA - $260

Scott A. Vihlen, Case #01002956CFA – $350

Wayne Edwin Walker, Jr., Case #03007665MMA - $260

45. Official Minutes dated December 9, 2003.

46. Noting, for information only, the following Clerk’s “received & filed”:

1. Private Road Maintenance Bond #B21868342, as shown on page _______, in the amount of $29,907.90 for the project known as Lake Forest Sect. 12B.

2. Private Road Maintenance Bond #08690408-M, as shown on page _______, in the amount of $95,457.77 for the project known as Markham Forest.

3. Maintenance Bond #5005296, as shown on page _______, for Water & Sewer Facilities in the amount of $6,668.70 for the project known as Lake Forest Sect. 17.

4. Maintenance Agreement, as shown on page _______, in the amount of $2,154 for the project known as Colonial Bank.

5. Maintenance and Escrow Agreement, as shown on page _______, in the amount of $1,824 for the project known as Venetian Bay.

6. Cash Maintenance Bond and Escrow Agreement, as shown on page _______, in the amount of $5,868 for the project known as Wayside Estates.

7. Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $7,630.45 for the project known as Off Broadway Industrial Subdivision.

8. Maintenance Agreement, as shown on page _______, in the amount of $7,140.30 for the project known as Regions Bank.

9. Performance Bond, as shown on page _______, in the amount of $1,650 for the project known as Regal Centre/Sun Drive.

10. Memorandum to Calendar Recipients from Helen McGovern, County Manager’s Office, relating to Monthly Public Meeting Calendar.

11. Letter to Maryanne Morse, Clerk of Circuit Court, from Thelma McPherson, City Clerk, City of Casselberry, re: Ordinance 03-1104-Annexation of Greenberg Property on Marshall Road.

12. Letter to Sandy McCann, Commission Records, from Rebecca Hammock, Planning & Development, re: P&D Outstanding Un-Recorded Resolution #2003-R-108.

13. Letter to Kevin Grace, County Manager, from Maryanne Morse, Clerk of Circuit Court, re: BCC submission policy.

14. City of Casselberry’s Motion for Continuance of Board of Adjustment hearing relating to Application for Special Exception to Replace an Existing Water Treatment Plant.

15. Memoranda to BCC from Kevin Grace, County Manager, re: the following Capital Project Fund Transfers: $2,200, Midway Sidewalks; $133,168, Midway Sidewalks; $85,863, Bookertown Sidewalks; $163,159, East Altamonte Sidewalks; $328,923, CR 427, Phase I; $650,309, Seminole Wekiva Connector; $37,000, Aid to Private Organization; $200,000, US 17-92; $100,000, Kewannee Trail; and $15,000, Northwestern Ave.

16. Letter to Board from Geraldine Harford, Tax Deed Clerk, enclosing a list of a Tax Deed to be placed on the Lands Available from tax deed sale.

17. Letter to Clayton Wilder, Office of Criminal Justice Grants, from Maryanne Morse, Clerk of Circuit Court, re: Signature Authorization – Byrne Grants.

18. Certificates of No Recall, as shown on page ______, for the following: Sanford-Orlando Kennel Club, Inc.; Collins & Collins Partnership, dba CCC Racing; and Orlando Jai Alai.

19. M-400-03 Consultant Services Agreement, as shown on page _______, Seminole Soil & Water Conservation District.

20. Fourth Amendment, as shown on page _______, to PS-525-98.

21. IFB-3078-03 Term Contract, as shown on page _______, for Purchase of Fiber Optic Cable & Accessories, Anixter.

22. M-407-03 Soil & Material Testing Services Agreement, as shown on page _______, Ardaman & Associates, Inc.

23. M-410-03 Appraisal Services Agreement, as shown on page _______, Appraisal Group of Central Florida.

24. Amendment #2, as shown on page _______, to W.O. #43 to PS-590-01.

25. Work Orders #59 & #60, as shown on page _______, to PS-590-01.

26. First Amendment, as shown on page _______, to Bid 293-03, AFP/All Fusion Painting, Inc.

27. Work Order #1, as shown on page _______, to CC-1212-03.

28. Change Order #5, as shown on page _______, to FC-1159-01.

29. Amendment #3, as shown on page _______, to W.O. #1 to PS-527-98.

30. Work Order #2, as shown on page _______, to PS-5131-02.

31. Work Orders #8 & #9, as shown on page ______, to PS-5130-02.

32. Work Orders #10 & #11, as shown on page _______, to FC-1164-01.

33. Change Order #1, as shown on page _______, to CC-1200-02.

34. Work Order #10, as shown on page _______, to PS-5116-02.

35. Work Order #3, as shown on page ________, to PS-596-01.

36. Work Order #4, as shown on page _______, to PS-5124-02.

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

38. Work Order #13, as shown on page _______, to PS-594-01.

39. Work Order #21, as shown on page _______, to PS-5129-02.

40. Work Order #1, as shown on page _______, to PS-5144-03.

41. Amendment #1, as shown on page _______, to Work Order #5 to PS-5130-02.

42. Work Order #6, as shown on page _______, to PS-521-98.

43. Work Order #78, as shown on page _______, to FC-1139-00.

44. Work Order #1, as shown on page _______, to PS-5138-03.

45. Amendment #2, as shown on page _______, to Work Order #3 to PS-561-00.

46. Amendment #1, as shown on page _______, to Work Order #6 to PS-561-00.

47. Work Order #1, as shown on page ______, to CC-1215-03.

48. Work Order #1, as shown on page _______, to PS-5139-03.

49. Amendment #2, as shown on page _______, to Work Order #1 to PS-527-98.

50. Work Order #3, as shown on page _______, to PS-5108-01.

51. Development Orders, as shown on page _______, as follows: #03-30000159, Shelton Variance; #03-30000163, Mansour Variance; #03-30000160, Riley Variance; #03-30000158, Tucker Variance; #03-31000023, Canupp Special Exception; #03-30000164, Sless Variance; #03-30000165, Simon Variance; #03-03000025 Hughes Special Exception; #03-30000166, Louria Variance; #03-31000024, Israel Special Exception; and #03-32000033, Nellis Special Exception.

52. Satisfaction of Connection Fees, as shown on page ________, for the project known as Red Bug Village Lot 2 – SCMR #1, LLC.

53. Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for Colonial Realty Limited Partnership.

54. Utility Agreements, as shown on page ________, for the following: Clayton Investments; Pelloni Capital; Mikler Road Development; and Colonial Realty Limited Partnership (Colinial Town Park Bldg. D1, D2, D3 & D4).

55. Bids as follows: RFP-4203-03; 296-03; IFB-3079-03; PS-5153-03; PS-5154-03; CC-1221-03; CC-1222-03; CC-1223-03; CC-1212-03; and RFP-4207-03.

SHERIFF’S OFFICE

47. Approve and authorize Chairman to execute the necessary papers, as shown on page _______, for the Seminole County Sheriff’s Office to apply for the Florida Department of Law Enforcement’s Residential Substance Abuse Treatment Grant Application (RSAT) Program. The Florida Department of Law Enforcement RSAT grant program will provide up to $123,462 per year in grant funds to help fund substance abuse services for prisoners that have a minimum sentence of 6 months and a maximum sentence of 12 months. This program provides in jail substance abuse treatment for both male and female inmates that meet the federal program criteria for sentencing. If awarded, this will be our fourth year participating in the grant. No positions are associated with this grant and the 25% required match is included in the budget.

48. Approve the submission of the white paper/grant application by the Sheriff. The US Department of Justice/Office of Justice Programs, through the National Institute of Justice, has made available funds for the research and development of electronic crimes investigative tools. The Seminole County Sheriff's Office would like the opportunity to compete for those funds by making a white paper proposal for about $215,000. This request will cover the cost of an additional investigator, the cost of purchasing the necessary equipment and any training needed to perform the R&D. There is no required match for these funds. The entire grant application is submitted on-line via the Internet.

LEGISLATIVE UPDATE

County Manager, Kevin Grace, advised he will be bringing back to the Board the resolution on the Trauma Center for consideration at the January 27 BCC Meeting.

REGULAR AGENDA

County Engineer, Jerry McCollum, addressed the Board to present the proposed standards for trailheads. He also stated that at the December BCC meeting, the Board requested staff to decrease the cost of the Markham Trailhead to less than $500,000. He said they have negotiated the cost down to $488,000, by eliminating the textured paving, irrigation and small plants. With regard to standards, staff sees irrigation, small plants and restrooms as options.

Upon inquiry by Commissioner Morris, Mr. McCollum advised the nearest commercial facility to the Markham Trailhead is approximately one mile.

Commissioner Henley stated that as a part of the standards, he wants to arrive at an acceptable distance between facilities before a commitment is made for restrooms.

Commissioner Van Der Weide cautioned the Board about eliminating irrigation because of what is happening to the canopy trees the County is planting on the roadway with no irrigation. He said he is not sure irrigation is something the County should skimp on.

Mr. McCollum stated it is true that if there is no irrigation system, there is a cost to water the trees.

Upon inquiry by the Chairman, Mr. McCollum stated that adding the irrigation back in would cost $10,000 to $12,000, but it would still be under $500,000. The Chairman, therefore, recommended Option A, including irrigation for the Markham Trailhead.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve proposed standards for paved trailheads; and to approve the Markham Trailhead, deleting the small plant landscaping and textured pavement, but including the irrigation.

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

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Planner, Jeff Hopper, addressed the Board to present the minor amendment to the Palomino Way PUD Final Master Plan and Developer’s Commitment Agreement for property located north of Red Bug Lake Road and east of Palomino Way, Sherri Fragomeni. He advised a provision was included in the agreement that allowed the applicant a 2-year period to commence substantial development before being referred back to the Planning & Zoning Commission and BCC for re-consideration of the approved PUD zoning. He stated that staff has learned that the owner is in the process of selling the property and would like to request an extension for one year or more to accommodate new property owners. He added that the staff has no objection to a 1-year extension.

District Commissioner Morris stated that this has been around for a long time and would like to see this development moved along as soon as possible.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve Minor Amendment/Addendum #1, as shown on page __________, to the Palomino Way PUD Final Master Plan and Developer’s Commitment Agreement for property located north of Red Bug Lake Road and east of Palomino Way.

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

COUNTY MANAGER’S BRIEFING

Mr. Grace advised he was directed by the Board to bring back a restitution plan for the Econ Wilderness Area flooding problems. He said he has made some progress; however, he needs another 30 days to work with Orange County. He further said that the St. Johns River Water Management District has agreed to pay $30,000. He added that he will bring this issue back to the BCC at their first meeting in February.

DISTRICT COMMISSIONERS’ REPORTS

Chairman McLain advised Beth Hattaway will be rotating off the Planning & Zoning Commission and he would like approval of a resolution of appreciation for her.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-6, as shown on page _______, commending Beth Hattaway for her services on the Planning & Zoning Commission.

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

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The Chairman recessed the meeting at 10:24 a.m., reconvening at 1:30 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 in attendance at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to authorize filing the proofs of publication for today’s scheduled public hearings.

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

PUBLIC HEARINGS

DRAINAGE EASEMENT/ALLAN KEEN

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of Resolution vacating and abandoning a 50-foot wide drainage easement consisting of approximately 1.1 acres located on the north side of Vihlen Road within the Sanford City limits, Allan Keen, received and filed.

Michael Rumer, Planner, addressed the Board to present the request. He advised staff is recommending adoption of the Resolution with the condition of the new easement being recorded.

Attorney Meredith Pickens, representing Shutts & Bowen, addressed the Board to state she is here to answer any questions.

Commissioner Henley asked what is the comparative upkeep of this ditch the way it is configured.

Jean Abi-Aoun, Development Review, addressed the Board to state this has been looked at by Public Works to make sure the hydraulics work. He believes they felt comfortable with the alignment; however the cost was not discussed. He answered Chairman McLain that there is a current ditch in the current easement and that will be filled. He said there will be no change from a drainage point of view. He advised that this subdivision is within the City of Sanford.

Tom McCann, Civil Engineer, with Donald McIntosh & Associates, addressed the Board to state this is not the only ditch on the property but there is a network of ditches and it all ends up in the Smith Canal. He explained that there is no real maintainable berm or access to them. What is being proposed is a full public works standard 60-foot wide right-of-way or tract with maintenance berms on both sides. This will pick up all internal and offsite drainage and deliver it to the Smith Canal, and be accessible and maintainable by Public Works. He stated the Public Works staff is very happy with the design.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt Resolution #2004-R-7, as shown on page _______, vacating and abandoning a 50-foot wide drainage easement consisting of approximately 1.1 acres located on the north side of Vihlen Road within the Sanford City limits; as described in the proof of publication, Allan Keen, with staff’s recommendation.

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

UNNAMED RIGHT-OF-WAY VACATE, JERRY

ZEBROWSKI/HS DEVELOPMENT ENTERPRISES,INC.

Proof of publication, as shown on page _______, calling for a public hearing to consider adopting a Resolution vacating 467’ +/- of a 30’ wide unnamed right-of-way lying between Blocks 3 and 4 and between Blocks 5 and 6 of the Town of Monroe, Jerry Zebrowski/HS Development Enterprises, Inc., received and filed.

Denny Gibbs, Planner, addressed the Board to present the request, stating FPL and the Handy Way store have no objections to the vacate. She said staff is recommending approval of the vacate.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt Resolution #2004-R-8, as shown on page _______, vacating 467’ +/- of a 30’ wide unnamed right-of-way lying between Blocks 3 and 4 and between Blocks 5 and 6 of the Town of Monroe; as described in the proof of publication, Jerry Zebrowski/HS Development Enterprises, Inc.

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

MAJOR AMENDMENT/FOREST LAKE PUD AGREEMENT

ROB MATTHEWS AND ELLSWORTH GALLIMORE

Proof of publication, as shown on page _______, calling for a public hearing to consider adopting an Ordinance and approval of Development Order for a major amendment to an existing PUD (Planned Unit Development) agreement (Forest Lake PUD, Tract F); subject property located on the south side of Sand Lake Road, 0.4 miles east of Hunt Club Boulevard, Rob Matthews and Ellsworth Gallimore, received and filed.

Tina Deater, Senior Planner, addressed the Board to present the request, stating the applicants are proposing to relocate Recreation Tract F, which contains approximately two acres, from the north central part of the PUD to the southwest side. She said this change would not affect any of the other existing uses within the PUD. Staff is recommending conditions to mitigate the potential adverse impacts. She reviewed the existing and proposed minimum setback requirements for the pools and pool screen enclosures. She stated the P&Z Commission voted unanimously to recommend approval of the request with the condition that a six-foot high masonry wall shall be placed along the west property line where the recreation area abuts the adjacent subdivision. Ms. Deater stated staff recommends approval of the amendment, which consists of relocating a recreation tract and clarifying the setback requirements for pools and pool screen enclosures on single-family lots to be: side yard, 7.5 feet for pools and 5 feet for screen enclosures; and rear yard, 8 feet for pools and 6 feet for screen enclosures, with the following conditions: (1) No lighting of the recreation area shall be allowed, except for security purposes, and the active uses in the recreation area shall not be lit, to discourage nighttime use; (2) Hours of use shall be limited to daylight hours and signage indicating these hours shall be posted; and (3) A six-foot high masonry wall shall be placed along the west property line where the recreation area abuts the adjacent subdivision.

District Commissioner Van Der Weide stated he likes the idea of staff approaching setbacks on the pools before they become a problem. He said basically what is being done is relocating a recreation area. He cautioned staff on being able to enforce some of the things they are putting in. He stated he has no problems with the restrictions placed on this application.

Rob Matthews, applicant, addressed the Board to state he agrees with the staff recommendations and the developer is available if the Board has any additional questions.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt Ordinance 2004-1, as shown on page _______, approving a major amendment to an existing PUD agreement (Forest Lake PUD, Tract F); subject property located on the south side of Sand Lake Road, 0.4 miles east of Hunt Club Boulevard; and approval of the Second Addendum to the Forest Lake PUD Final Master Plan, as shown on page _______; as described in the proof of publication, Rob Matthews and Ellsworth Gallimore.

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

SMALL SCALE LAND USE AMENDMENT AND

REZONE/MI HOMES/ERIC WILLS

Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from SE (Suburban Estates) to PD (Planned Development); and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) on 10.31 acres, located on the north side of Orange Boulevard, approximately 300 feet west of North Oregon Street, MI Homes/Eric Wills, received and filed.

Jeff Hopper, Senior Planner, addressed the Board to state staff is recommending approval, subject to the conditions listed in the staff report, including: (1) Net density within the area of the Land Use Amendment shall not exceed 4.5 units per net buildable acre; (2) Lots shall be no less than 50 feet in width and 5,500 square feet in size; (3) Minimum house size shall be 1,100 square feet; and (4) a 6-foot masonry wall and 4 canopy trees per 100’ linear feet shall be provided along the Orange Boulevard frontage.

Commissioner Morris questioned staff about the 4.5 net units per acre vs. 4 net units per acre. He also asked if the 4.5 units made a difference in the side setbacks.

Mr. Hopper answered that the lot sizes are all the same. He answered Commissioner Henley that the space between the houses is 10’ and the side setback is 5’.

Steve Mellich, representing Eric Wills, addressed the Board to state the reason the density is calculated at 4.5 is because of the amount of land they put in that shows the 9.5 acres to go from Orange Boulevard north along their property. He said the balance of the property has zero density where the bulk of the lots is actually shown on the PUD land area. It turned out that they did not recognize this to be an issue because the net density of the entire property was 4.05 net units per acre. He explained how they got to that number. He said this is part of the preliminary master plan. He stated the side setbacks are modeled after MI Homes to the south.

Upon inquiry by Chairman McLain, Mr. Mellich said the property to the south is not low-income housing.

Eric Wills, applicant, addressed the Board to state the Windsong development project across the street is not low-income.

Mr. Hopper stated Chairman McLain was thinking of R-AH property. He pointed out the location of that property.

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Chairman McLain recessed the meeting at 1:52 p.m. for consultation and reconvened at 1:58 p.m. Commissioner Morris did not return to the meeting at this time.

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Mr. Mellich stated the applicant requests a continuance to the next available meeting to have the opportunity to present the project.

Motion by Commissioner Morris, seconded by Commissioner Henley, to continue to February 10, 2004, at 1:30 p.m., or as soon thereafter as possible, the request to consider a Small Scale Land Use Amendment from SE (Suburban Estates) to PD (Planned Development); and Rezone from A-12 (Agriculture) to PUD (Planned Unit Development) on 10.31 acres, located on the north side of Orange Boulevard, approximately 300 feet west of North Oregon Street; as described in the proof of publication, MI Homes/Eric Wills.

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

Commissioner Morris re-entered the meeting at this time.

Chairman McLain advised the Board received a letter from Bob Bugnacki (not received and filed) in opposition. He asked that Mr. Grace notify Mr. Bugnacki of the continuance.

UNNAMED RIGHT-OF-WAY VACATE

MEREDITH PICKENS, ESQ.

Proof of publication, as shown on page _______, calling for consideration of adoption of a Resolution to vacate a portion of the 30’ wide by approximately 1070’ long section of the unnamed right-of-way, approximately .73 acres; as shown on the plat of W. B. Cardall’s Map of St. Joseph’s of the public records of Seminole County, Florida, Meredith Pickens, Esq., received and filed.

Rebecca Hammock, Principal Planner, addressed the Board to present the request, stating Mr. and Mrs. Bruce have submitted a letter (copy received and filed) in favor of this request. She said the County’s Public Works Department has recommended, if the right-of-way is vacated, that the approval be conditioned on the applicant dedicating, and the City of Sanford accepting, a drainage easement over the ditch. She advised staff has changed their original recommendation in the staff report and is recommending approval subject to the applicant dedicating the drainage easement to Seminole County instead of the City of Sanford.

Attorney Meredith Pickens, Shutts & Bowen, stated they have prepared a draft drainage easement that is in the County’s standard form and have presented that to staff this afternoon. If that is accepted, they will have the applicant sign it and have it recorded.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt Resolution #2004-R-9, as shown on page _______, vacating a portion of the 30’ wide by approximately 1070’ long section of the unnamed right-of-way, approximately .73 acres; as shown on the plat of W. B. Cardall’s Map of St. Joseph’s of the public records of Seminole County, Florida; as described in the proof of publication, Meredith Pickens, Esq., with the staff recommendation that approval is subject to the applicant dedicating the drainage easement to Seminole County.

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

COMMUNICATIONS AND/OR REPORTS

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

1. Minutes of Seminole County Health Care Task Force 11/12/03 meeting.

2. Notice of Seminole County Health Care Task Force 12/17/03 meeting.

3. Notice of Seminole County Port Authority (SCOPA) 12/17/03 meeting.

4. Memorandum dated 12/9/03 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfers of $2,200 for Midway sidewalks; $133,168 for Midway sidewalks; $85,863 for Bookertown sidewalks; and $163,159 for East Altamonte sidewalks.

5. Copy of letter dated 12/9/03 to Joyce Lehman-Sharpe from Jane Peterson, Library Services Manager, re: appreciation of donation (in memory of Donald Lehman).

6. Fax dated 11/25/03 to BCC, Kevin Grace, Bob Adolphe and David Gregory from Sid Vihlen, Jr., FL Recycling Services, re: merger with Capital Environmental Resources.

7. Fax dated 11/24/03 to Jerry McCollum, County Engineer, from Larry Dale, Orlando Sanford International Airport, re: Ph II of the Lake Mary Blvd. extension and construction/landscaping at new entrance to Airport on Red Cleveland Blvd.

8. Notice of Seminole County Health Care Task Force 12/3/03 meeting.

9. Fax dated 11/18/03 to Sandra Glenn, ECFRPC, and Marina Pennington, FL Dept. of Community Affairs, from Meredith Pickens, Shutts & Bowen, re: Dr. Hardwick property near Chase Groves subdivision.

10. Fax dated 11/18/03 to Seminole County Building Official from State Senator Anna Cowin and Alex Kelley re: Workers’ Compensation legislation.

11. Letter dated 11/20/03 to Chairman McLain from Lucy Kisela, Fort Lauderdale City Clerk, re: FL water supply allocations. (cc: BCC)

12. Memorandum dated 12/5/03 (with attachment) to BCC from Kevin Fall, 17-92 CRA Program Coordinator, re: opposition to development of the Orange Mall in Fern Park.

13. Notice of Friends of the Wekiva River, Inc. 12/4/03 meeting with guest speaker Neil Armingeon, St. Johns Riverkeeper.

14. Letter dated 12/1/03 (with attachment) to Chairman McLain from Dana Loncar, Orlando Regional Healthcare, re: partnership between Arnold Palmer Hospital for Women and Children with Miami Children’s Hospital for comprehensive pediatric cardiology and cardiovascular surgery.

15. Letter dated 11/6/03 to Chairman McLain from John Agwunobi, MD, FL Dept. of Health, re: award to Seminole County of $125,154.49 for Emergency Medical Services County Grant. (cc: BCC, County Managers)

16. Letter dated 12/1/03 to Chairman McLain from Jerry Regier, FL Dept. of Children & Families, re: award to Seminole County of $1,650,000 for Temporary Assistance for Needy Families Community Partnership Matching Grant. (cc: BCC, County Managers)

17. Copy of letter dated 12/4/03 to Jane Healy, Orlando Sentinel Editorials, from Al Grieshaber, Jr., Sanford City Manager, re: errors in reporting in 11/28/03 “Missing Backbone” editorial. (cc: BCC)

18. Orlando Sentinel newspaper article dated 12/5/03 re: “LYNX Bus Service to Orlando Sanford Airport.”

19. Memorandum dated 12/9/03 (with attachment) to BCC from Ray Hooper, Purchasing Manager, re: County Manager’s Internal Policies & Procedures Guide to Purchasing.

20. Copy of letter dated 12/10/03 to Denny Bowman, FL Business Interiors, from Ray Hooper, Purchasing Manager, re: Procurement & Installation of Seminole County Criminal Justice Furniture.

21. Letter dated 12/4/03 to Chairman McLain from Nancy Higgs, Brevard County Commission Chairman, re: myregion.org.

22. Memorandum dated 12/12/03 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $200,000 for US 17-92 from Orange County line to Lake of the Woods Blvd.

23. Memorandum dated 12/12/03 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $15,000 for Northwestern Ave.

24. Copy of letter dated 12/11/03 (with attachments) to John Torrey from Tony Segreto, Casselberry Public Works Director, re: water facility designs at Hunterfield Rd.

25. Memorandum dated 12/11/03 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $100,000 for Kewannee Tr.

26. Letter dated 12/10/03 (with attachment) to Chairman McLain from Charlie Pierce, Central FL Trauma Center Task Force Chairman, re: Level I Trauma Center Task Force meetings.

27. Letter dated 12/15/03 (with attachment) to BCC from Tina Calderone, The Foundation for Seminole County Public Schools, Inc., re: 2002-03 Annual Report for The Foundation.

28. Copy of letter dated 11/10/03 (with attachments) to FL Senator Lee Constantine from E. Everette Huskey, Huskey Development, re: Wekiva Protection Area issues being considered by the current Wekiva River Basin Coordinating Committee.

29. Letter dated 12/12/03 to BCC from Daphne Davis Moore, Wal-Mart Community Affairs, re: Wal-Mart/Sam’s Club Foundation donations to charities.

30. Memorandum dated 12/8/03 to BCC from Barbara Vergara, SJRWMD, re: Seawater Demineralization Feasibility Investigation public meeting #2. (cc: County Manager, Environmental Services Director)

31. Notice of City of Sanford 12/22/03 public hearing re: annexation of property between W. SR 46/W. 5^th St. and Meisch Rd./Aero Ln. (cc: County Manager, Planning Manager, Elections Supervisor, Property Appraiser)

32. Notice of City of Sanford 12/22/03 public hearing re: annexation of property between Old Lake Mary Rd./Hidden Lake Dr. and Live Oak Blvd./Old Lake Mary Rd. (cc: County Manager, Planning Manager, Elections Supervisor, Property Appraiser)

33. Memorandum dated 12/15/03 (with attachment) to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $37,000.00 for aid to private organization.

34. Copy of letter dated 11/24/03 (with attachments) to Lauren Milligan, FL Dept. of Environmental Protection, from Co-Co Wu, Engineering, re: SR 436/Red Bug Lake Rd. intersection study.

35. Approved minutes of the Seminole County Historical Commission 10/16/03 meeting.

36. Approved minutes of the Seminole County Historical Commission 11/20/03 meeting.

37. Letter dated 12/16/03 to Chairman McLain from Tyra Miller, Property Appraiser’s Office, re: completed 2003 Final Values for the 17-92 Community Redevelopment District (04 & G4).

38. Copy of letter dated 12/16/03 to Mayor Russ Hauck, City of Altamonte Springs, from Tyra Miller, Property Appraiser’s Office, re: completed 2003 Final Values for the Altamonte Springs Community Redevelopment District (A2).

39. Copies of letters dated 12/16/03 to Mayor Bruce Pronovost, City of Casselberry, from Tyra Miller, Property Appraiser’s Office, re: completed 2003 Final Values for the Casselberry Community Redevelopment Districts (C2) and (C4).

40. Copy of letter dated 12/16/03 to Mayor Thom Greene, City of Lake Mary, from Tyra Miller, Property Appraiser’s Office, re: completed 2003 Final Values for the Lake Mary Community Redevelopment District (M4).

41. Copies of letters dated 12/16/03 to Mayor Brady Lessard, City of Sanford, from Tyra Miller, Property Appraiser’s Office, re: completed 2003 Final Values for the Seminole Towne Center Community Redevelopment District (S2), Sanford Downtown Waterfront Community Redevelopment District (S3), and 17-92 Sanford Community Redevelopment District (S4).

42. Copy of letter dated 12/16/03 to Mayor John Bush, City of Winter Springs, from Tyra Miller, Property Appraiser’s Office, re: completed 2003 Final Values for the 17-92 Winter Springs Redevelopment District (W4).

43. Copies of letters dated 12/15/03 (with attachments) to Lisa Spriggs, Fiscal Services Director, from Tyra Miller, Property Appraiser’s Office, re: completed 2003 Final Values for the Seminole County Stormwater Management, Seminole County Road Improvement District, Altamonte Springs Fire District, Seminole County Fire District, and Board of County Commissioners.

44. Copy of memorandum dated 12/5/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

45. Minutes of Seminole County Health Care Task Force 12/3/03 meeting.

46. Memorandum dated 12/8/03 to BCC from Barbara Vergara, SJRWMD, re: 1/9/04 public meeting #2 on Seawater Demineralization Feasibility Investigation. (cc: County Manager, Environmental Services Director)

47. Copy of letter dated 11/21/03 (with attachment) to Governor Bush from Chairman McLain re: resolution of support of Miami-Dade as a permanent Secretariat of the Free Trade Area of the Americas. (Identical letters to all members of the Seminole County Legislative Delegation.)

48. Copy of letter dated 12/19/03 to Ray Eubanks, FL Dept. of Community Affairs, from Chairman McLain re: transmittal of adopted Fall 2003 Large Scale Plan Amendments to the Comp Plan.

49. Memorandum dated 12/15/03 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $650,309 for Seminole Wekiva Connector.

50. Memorandum dated 12/15/03 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $328,923 for CR 427 Ph I road project.

51. Letter dated 12/17/03 (with attachment) to Commissioner Henley from David Odahowski, Edyth Bush Charitable Foundation, re: grant to Christian HELP Foundation of Casselberry.

52. Agenda for 1/7/04 Seminole County Health Care Task Force.

53. Copy of memorandum dated 12/19/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

54. Notice of City of Sanford 12/22/03 public hearing re: annexation of property between W. SR 46/W. 5^th St. and Meisch Rd./Aero Ln. (cc: County Manager, Planning Manager, Elections Supervisor, Property Appraiser)

55. Copy of letter dated 12/19/03 (with attachment) to Diane Ledford, Housing Manager, from Jan Sidum, Seltzer Management Group, re: SHIP Program Management Review and Physical Inspection.

56. Copies of letters dated 12/17/03 from Ken Roberts, Public Safety Director, re: appreciation of donations to Animal Services, to: Teague Middle School; Peter Lepuschitz; Arthur Whitehill; Yukie Sugino, Catherine Lemieux; Cornelia Dietzel; and Mr. & Mrs. Randy Mulford (in memory of Dorothy Wagenhorst).

57. Copy of letter dated 12/16/03 to John Litton, Lake Mary City Manager, from Rick Ottesen, SJRWMD, re: Lake Mary City Hall Environmental Resource Permit application.

58. Letter dated 12/23/03 to BCC from Diane Pickett Culpepper, Bright House Networks, re: additions to High Definition Pak.

59. Copies of letters dated 12/18/03 to Robert L. Elliott from Jane Peterson, Library Services Manager, re: appreciation of donations to the Central Branch Library, Casselberry, in honor of Sarah “Musume” Elliott.

60. Copy of letter dated 12/24/03 to Diane & Lee Rozek from Joe Gasparini, Parks & Recreation Manager, re: appreciation of a donation for tree planting in memory of Karyle.

61. Copy of memorandum received 12/29/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

62. Copy of letter dated 12/17/03 to Yvonne Heckman from Ken Roberts, Public Safety Director, re: appreciation of donation to Animal Services.

63. Letter dated 12/19/03 to BCC from Paul West, Institute for the Scientific Advancement of Counseling Services, re: administration and funding of mental health and substance abuse treatment agencies. (cc: Jim Berko)

64. Letter received 12/29/03 to BCC from Gloria Wade, Protectors of Companion Animals, re: Animal Services.

65. Notice of 1/12/04 City of Sanford public hearing re: annexation of property between Moore Station Rd/Kentucky St. and S. Cameron Ave./S. Beardall Ave. (cc: County Manager, Planning Manager, Property Appraiser, Elections Supervisor)

66. Notice of 1/12/04 City of Sanford public hearing re: annexation of property between St. Johns River/Celery Ave. and Thoroughbred Tr./Scott Ave. (cc: County Manager, Planning Manager, Property Appraiser, Elections Supervisor)

67. Letter dated 12/22/03 to Chairman McLain from Clayton H. Wilder, FL Dept. of Law Enforcement, re: Grant #03-CJ-5A-06-69-01-009 Seminole County-Career Criminal Investigations. (cc: Sheriff, Community Services Director)

68. Notice of 1/8/04 City of Lake Mary public hearing re: final plat approval of property at 2125 W. Lake Mary Blvd. (cc: County Manager, Planning Manager, Property Appraiser, Elections Supervisor)

69. Letter dated 12/22/03 to Chairman McLain from Clayton H. Wilder, FL Dept. of Law Enforcement, re: Grant #03-CJ-5A-06-69-01-012 Criminal Justice Coalition-Neighborhood Enhancement & Eradication of Drugs, IV. (cc: Sheriff, Community Services Director)

70. Letter dated 12/31/03 (with attachments) to Chairman McLain from John P. Saboor & Doug Barclay, Central FL Sports Commission, re: December 2003 Activity Report.

71. Sanford Community Redevelopment Agency (CRA) 1/7/04 Agenda.

72. Tri-County League of Cities 1/15/04 Agenda.

73. Parks/Recreation Contracts, as shown on page _______, for Services: Thomas Luther (Tennis Tournament Official) and Elizabeth N. Jakob (Slow-pitch Softball Scorekeeper).

74. Letter received 1/5/04 to BCC from Gloria Wade, Protectors of Companion Animals, re: Animal Services.

75. Letter dated 1/2/04 to Chairman McLain from Meredith Pickens, Shutts & Bowen, re: appeal by Scott Kobrin of Cosmopolitan Homes Corp. of Building Contractors Board 1/3/03 ruling. (cc: BCC, County Managers, Planning & Development Director, Building Official, County Attorney)

76. Copies of letters dated 1/5/04 from Ken Roberts, Public Safety Director, in appreciation of donations to Animal Services to: Ms. James; 5^th Grade Class of Lawton Elementary School; and Annie Evans.

77. Letter dated 1/6/04 to Chairman McLain from Louise Dever, Seminole County Gun & Archery Assoc. (SCGAA), re: introduction of 2004 SCGAA Executive Board members.

78. Letter to BCC from Protectors of Companion Animals, Inc., re: Animal Services.

79. Fax dated 1/7/04 to BCC from Richard Valentino, Marsh USA, Inc., re: RFP for Insurance Brokerage Services.

80. Memorandum dated 1/5/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $15,000 for Lake Mary Blvd. capacity improvements.

81. Memorandum dated 1/8/04 to BCC and County Manager from Frank Van Pelt, Special Projects Team Leader, re: Markham Trailhead Construction award.

82. Minutes of the Seminole County Health Care Task Force 12/17/03 meeting.

83. Letter dated 1/7/04 to Chairman McLain from Clayton Wilder, FL Dept. of Law Enforcement, re: Child Abuse Victim Assistance Tracking System III grant. (cc: Sheriff, Community Services)

84. Letter dated 1/7/04 to Chairman McLain from Clayton Wilder, FL Dept. of Law Enforcement, re: Computer Crime Investigations II grant. (cc: Sheriff, Community Services)

85. Letter dated 1/6/04 to Chairman McLain from Ray Eubanks, FL Dept. of Community Affairs, re: Comp Plan Amendment #03-2 adopted by Ordinance 2003-63. (cc: County Manager, Planning & Development Director)

86. Copy of letter dated 1/8/04 to Diane Ledford, CDBG Housing Manager, from Jan Sidum, Seltzer Management Group, re: SHIP Program Management Review & Physical Inspection.

87. Fax dated 1/9/04 to BCC from Irving & Elisabeth Reedy re: speed hump installations, including Holliday Ave. (cc: BCC)

88. Letter dated 1/7/04 to Chairman McLain from Alfred Canepa, SJRWMD, re: Water Supply Project Meeting of 2/11/04. (cc: BCC, County Managers, Public Works Director, Environmental Services Director)

89. Letter dated 1/12/04 to BCC from Bob Bugnacki re: proposed Orange Blvd. Small Scale Land Use Amendment.

90. Fax dated 1/12/04 to BCC from Irving Reedy re: speed hump installation, including Holliday Ave. (cc: BCC)

91. Faxes dated 1/12/04 to BCC re: opposition to proposed variance for 1654 Pine Valley Dr. from: Kelli Sillaway; Jeremy A. Sillaway; Kelvin Jones; Craig Conlon; Jane Brewer (2); Deborah A. Gerhardt; Phyllis Briton; Lynn Whitcomb; Joseph Williams; John S. Bell, Jr.; Gerald V. Cook; Frances L. Cook; Jeannette Williams; Margaret Jane Agnew; Nancy Burgess; and Kelly Lambert.

CHAIRMAN’S REPORT

Chairman McLain stated the School Board is planning to build a new elementary school in the north part of the County in the Sanford area. He said he has been meeting with them and he and Mr. Grace will continue to do that. He said at the next BCC meeting, he will probably have a report to the Board on this. He advised the new school will be in the general vicinity of Midway. He commended the School Board for their foresight in planning this project. He stated the School Board is looking at an arrangement where the school can be built on the same property the County will be getting from the University of Florida to be used for a stormwater park.

Commissioner Henley stated he met with the School Board as the Liaison Commissioner and with Diane Kramer. He thinks the plan is a good one and he recommended they get in touch with Chairman McLain and discuss this as it is in his district. He agrees the school is badly needed.

DISTRICT COMMISSIONERS’ REPORTS, Continued

Commissioner Morris advised the MPO is requesting Chairman McLain to make the request that Commissioner Morris serve on the MPO Alliance, and they in turn will make the actual assignment. Chairman McLain said he will take care of that at the meeting tomorrow.

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

Dr. Stephen Wideman to the Animal Control Board for a one-year term ending January 1, 2005;

Jay Ammon to the Code Enforcement Board for a three-year term ending January 1, 2007;

Cecil Tucker to the Historical Commission for a two-year term ending January 1, 2006;

Kendra Juge to the Library Advisory Board for a two-year term January 1, 2006;

Roger Cooper to the Trails & Greenways Task Force for a two-year term ending January 1, 2006;

Marty Chan to the Building Contractors Board for a one-year term ending January 1, 2005;

Gary Scarboro to the Electrical Contractors Board for a one-year term ending January 1, 2005;

Bill Ellis to the Mechanical Board for a one-year term ending January 1, 2005;

Dave Putz to the Plumbing Examiners Board for a one-year term ending January 1, 2005;

Joe Fernandez to the Swimming Pool Board for a one-year tern ending January 1, 2005; and

Steve Young to the Well Drillers Board for a one-year term ending January 1, 2005.

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

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Motion by Commissioner Henley, seconded by Commissioner Morris, to appoint Tom Artingstall and Jane Harrison to the Parks and Recreation Advisory Committee for one-year terms each.

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

COMMITTEE REPORTS

Commissioner Henley announced that Lynx will hold the opening dedication of the new bus route along Lake Mary Boulevard on Thursday, January 29, 2004, at 10 a.m. at Albertson’s in Lake Mary.

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Commissioner Henley stated Lynx held a Committee meeting last Thursday on a number of issues. The request staff has been working on for about three years for the CAT ADL system and the institution of a pilot project to transport in through the rural areas between Polk and Osceola Counties were discussed. The Committee looked at the request but are not recommending the CAT ADL system because it is too expensive and the reserves are rather slim. The Committee will recommend that the radios be replaced, and they will be getting a federal grant to help replace those.

He said they are still investigating the possibility of exit strategies for Lynx serving as the CTC. Part of the reason they are looking at this is because the State has bid out the Medicaid/Medicare portion to be operated from the State rather than Lynx. Also, the Committee will be recommending to the Board to set up a workshop looking at the funding formula that Lynx has had in existence for a long time. He explained that the amount of the Lynx deficit comes to the amount that has not been paid by some of the partners.

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Chairman McLain stated on January 22, 2004, the Envision Seminole is having their all day program. He said they need to make sure a senior manager is there to represent the County.

Chairman McLain asked Commissioner Henley to speak to Lynx about participating in the Transportation Breakout Committee.

DISTRICT COMMISSIONERS’ REPORTS, Continued

Motion by Commissioner Maloy, seconded by Commissioner Henley, to appoint/reappoint the following:

Tom Boyko to the Parks and Recreation Advisor Board for a one-year term ending January 1, 2005; and adopt appropriate Resolution #2004-R-10, as shown on page _______, to Bill Daniel for his service;

Stanley Weinroth to the Seminole County Industrial Development Authority (SCIDA) for a four-year term ending January 1, 2008;

Andrea Holman to the Trails and Greenways Task Force for a two-year term ending January 1, 2006; and

Dan Shaw to the Building/Contractor Trade Board for a one-year term ending January 1, 2005.

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

COMMITTEE REPORTS, Continued

Commissioner Maloy stated the topic of discussion at the CALNO meeting was should CALNO have a Web page on the County’s Web site. He said putting CALNO on the County’s Web page might be forthcoming to staff.

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Commissioner Maloy stated at CALNO, it was also discussed who is in charge of traffic control when the City line goes down the middle of a road, the City Police or County Sheriff’s Office. This issue will be discussed at the next meeting.

Mr. McMillan explained that in the past the Sheriff has deputized the City Police Officers so they could do enforcement.

Deputy County Attorney Stephen Lee addressed the Board to state he spoke with Deputy Chief Steve Harriett who stated they have operated under the statute that allows entity agreements between the Sheriff and cities for emergency police activities. There was a case where someone, pursuant to that agreement, gave a ticket in an area where they were not authorized. The court found the agreement did not extend to just deputizing police officers to give them that authority. The Sheriff said enabling legislation would be necessary in order to accomplish that. He told Commissioner Brender it would take some enabling legislation, and he asked if the Board of County Commissioners had the authority to enact that type legislation. His answer to him was evasive because this seemed to him to be more of a political matter involving the Board’s relationship with the Sheriff and whether the Sheriff wanted to get in that kind of enforcement posture or not. He said he did not try to determine whether the BCC and the City Commission had the authority to instruct the Sheriff to figure this out. If the Sheriff wanted to figure this out, he would or would not as a matter of policy.

Commissioner Morris said the issue in this case is related to a couple of roads, and these are actually County roads. He said half of Ronald Reagan Boulevard and 46A are in Sanford and half of the roads are in Lake Mary. This issue goes back to 1985 or longer. He said the short answer here is that it is best left alone. When it comes to the eventuality if a Lake Mary Police Officer sees a car that is in the city side in the right-of-way that needs to be towed, he would call the Sheriff’s Department and tell what he sees. In the event a police officer sees a crime being committed, he has the authority. It is getting to the degree of establishing territory and he doesn’t think anybody wants to get into that.

Commissioner Van Der Weide asked what about drainage. He said if the County builds a road and it goes through a city with different cities on both sides, that could be a problem.

Commissioner Maloy stated that issue will be discussed again next month if the Board wants to give comments. Chairman McLain stated the Board will leave it up to Commissioner Maloy to relay what their sentiments are.

COUNTY MANAGER’S REPORT, Continued

Mr. Grace said he has had discussions at the staff level with the City of Winter Springs on fire consolidation and merger. Apparently, Winter Springs decided yesterday they don’t want to pursue that any further for now.

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The Board recessed at 2:20 p.m., reconvening at 7:03 p.m., this same date, with all Commissioners and all other Officials, with Deputy County Manager Sally Sherman replacing County Manager Kevin Grace, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

APPEAL AGAINST BOA/Wireless Facilities

Proof of publication, as shown on page _______, calling for a public hearing to consider request for an Appeal against the Board of Adjustment’s decision to deny a Special Exception to establish a 150 ft. tall camouflage communication tower in the A-1 (Agriculture District) and associated variances from 450 ft. to 298.67 ft.; 450 ft. to 307.46 ft.; and 450 ft. to 353.5 ft. for the minimum separation distance required between a proposed 150 ft. tall camouflage communication tower and abutting properties with existing single-family residences, Wireless Facilities, Cingular Wireless, LLC, & Kevin Karr, received and filed.

Don Fisher, Planning & Development Director, addressed the Board to advise staff received a letter (received and filed) from the appellant requesting a continuance to February 24, 2004. He stated this would allow them time to consider better alternatives for placement of the communication tower.

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

Written Comment Form from Jack Hanwams was received and filed.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue to February 24, 2004 at 7:00 p.m., or as soon thereafter as possible, request for an Appeal against the Board of Adjustment’s decision to deny a Special Exception to establish a 150 ft. tall camouflage communication tower in the A-1 (Agriculture District) and associated variances from 450 ft. to 298.67 ft.; 450 ft. to 307.46 ft.; and 450 ft. to 353.5 ft. for the minimum separation distance required between a proposed 150 ft. tall camouflage communication tower and abutting properties with existing single-family residences, as described in the proof of publication, Wireless Facilities, Cingular Wireless, LLC, & Kevin Karr.

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

APPEAL AGAINST BOA/Anne Carr

Proof of publication, as shown on page _______, calling for a public hearing to consider request for an Appeal against the Board of Adjustment’s decision to affirm the Planning Manager’s approval of an administrative front yard setback variance from 25 ft. to 23.76 ft. for an existing single family house located at 1654 Pine Valley Drive in the R-1AA (Single-Family Dwelling District), Anne Carr, received and filed.

Mr. Fisher stated through discussions and reviewing this item, staff realized that there were two distinct issues that were occurring here. One is if this variance would be overturned, then automatically the building addition seems to be the subject issue and would not be permitted. According to code interpretation and policies, staff would issue an addition for the structure regardless what happens to the setback situation. Staff’s report does not refer to that and they would like to request a continuance to the next meeting to give them time to prepare more information for the Board.

District Commissioner Henley stated there has been a great deal of discussion between staff, the County Attorney, County Manager and him on this throughout the day. He stated all of them were in agreement that this is an issue that is confusing in the way they are dealing with it at this time. He said he believes it is in the best interest of the County to continue this item as the decisions being made could have ramifications throughout the County. He said he feels this should be resolved before the Board makes a decision on this issue.

Speaker Request Forms were received and filed.

Motion by Commissioner Henley, seconded by Commissioner Morris to continue to January 27, 2004 at 7:00 p.m., or as soon thereafter as possible, request for an Appeal against the Board of Adjustment’s decision to affirm the Planning Manager’s approval of an administrative front yard setback variance from 25 ft. to 23.76 ft. for an existing single family house located at 1654 Pine Valley Drive in the R-1AA (Single-Family Dwelling District), as described in the proof of publication, Anne Carr.

Under discussion, Attorney David Chase, representing the appellant, addressed the Board to state he is in opposition to the continuance due to the inconvenience it has caused for the people coming out tonight, but he understands that the County wants to be apprised of every ramifications.

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

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

LIGHTING ORDINANCE

Continuation of a public hearing to consider an Ordinance amending the Seminole County Land Development Code, Chapter 2 – Definitions and Chapter 30 – Lighting Ordinance, as described in the proof of publication.

Francisco Torregrosa, Planning, addressed the Board to state the Board expressed concerns with the brilliance of lighting at gas stations and like uses, and requested staff to look into revised standards that minimize off-site glare and lighting. On November 12, 2002 and May 27, 2003, the Board reviewed the draft ordinance and recommended additional changes to address retrofitting, grandfathering and search light restrictions. These changes have been made. The Planning & Zoning (P&Z) Commission recommended approval of the proposed ordinance without modifications. Minor modifications have been made to allow for flexibility on height restrictions of cut-off fixtures when it can be demonstrated by the applicant that the increase in height will not result in greater light spillage onto adjacent properties than the ordinance allows.

Commissioner Maloy referred to Page 6, “Planning Manager prior to issuance of any building permit for new construction or alteration; provided that in no event shall the Planning Manager limit hours of operation to less than twelve consecutive hours.” Mr. Torregrosa explained the intent of this sentence.

Mr. Fisher explained for Commissioner Maloy the meaning of alteration. He stated alteration could be changed to “change in use or building addition”. The Board had no objections.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-2, as shown on page ________, amending the Seminole County Land Development Code, Chapter 2 – Definitions and Chapter 30 – Lighting Ordinance, as amended, as described in the proof of publication.

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

ARBOR REGULATIONS ORDINANCE

Continuation of a public hearing to consider an Ordinance amending the Seminole County Land Development Code, Chapter 60 – Arbor Regulations, as described in the proof of publication.

Mr. Torregrosa stated the P&Z Commission recommended approval of the proposed ordinance and recommended the following: (1) Limit appeal process to adjacent property owners; (2) Prohibit deep “V” cutting of trees by power companies or others, or require permitting; (3) Reduce appeal period to allow no more than 75 days for the entire process; (4) Limit trees to be surveyed for site plan submittal to those measuring at least 6” in diameter; (5) Reduce the number of trees required to be replanted when a property is cleared of trees without an arbor permit; and (6) Increase the expiration date of an arbor permit to one year. He stated staff has incorporated four of those recommendations as follows: (1) Limit the appeal process to applicant, in the case where there is application, and the party subject to an enforcement action where there is no permit application; (2) Reduce the appeal process to no more than a total of 75 days; (3) Reduce the maximum number of trees to be replanted due to an arbor violation to 250 trees per acre; and (4) Extend the life of an arbor permit to one year.

Mr. Torregrosa stated P&Z recommendations #2 & #4 were not incorporated, as #2 conflicted with the ability of power companies to maintain their transmission lines. Staff felt that #4 was not in keeping with effectively addressing arbor regulation enforcement and tree protection as directed by the Board. Staff recognizes that deep “V” trimming of trees produces unsightly trees that could pose a threat if the tree is rendered unbalanced in the trimming process. With the Board’s direction, staff could look at ways to address this issue. He stated the LDC defines trees as any perennial plant with a diameter of 3” or larger, therefore requiring survey of trees of 6” diameter or larger would exclude trees from landscaping plans, which are protected by code. Smaller trees are important components of landscaping plans because they are more likely to survive nearby development and soil disruption than large canopy trees. He said staff has modified the provisions regarding logging on agricultural lands. Logging operations will still require a permit except when conducted on property classified as agricultural for property tax purposes. Other than what he has detailed above, the ordinance is the same one authorized to be advertised for hearing.

Upon inquiry by Chairman McLain, Mr. Torregrosa explained that an arbor permit is not required if the property has an agriculture tax exemption.

Mr. Fisher reviewed the limits for cutting down trees on agricultural exemption properties.

Mr. Fisher discussed with Commissioner Henley the issue of a developer cutting down trees on agriculture property and not being held accountable to the tree ordinance, and then asks for a rezone to develop.

Steve Lee, Deputy County Attorney, explained for Commissioner Morris if there’s an exception with the State law relative to historic trees.

Mr. Fisher explained for Commissioner Henley why staff is reducing the number of trees being replanted from 400 to 250 trees per acre.

Commissioner Henley stated the only problem he has is reducing the appeal rights to adjacent property owners. It sounds like the only person who can appeal is the applicant.

Mr. Fisher stated that is correct and a remedy to that is to notify property owners 300 ft. around the property.

Steve Lee, Deputy County Attorney, addressed the Board to state in order to make sure the people have appeal rights, they would have to be notified that there is a proceeding they may have interest in. He stated in order to do that, notices will need to be sent out for every permit application to a group of people, and they would have to have an opportunity to decide if they have an interest in it. The application would take a minimum 30 days to process. This would create a more cumbersome and lengthy process.

Commissioner Henley stated he would have no problem if an arbor permit deals with a few trees but if it deals with a large number of trees, it would have an impact on the area. Nobody will know about it until after the fact and then they cannot appeal it. He asked if there was a way to deal with the size and type of arbor permit that would kick in with the notice.

Chairman McLain stated the Board could go ahead with the proposed ordinance and then come back to amend it at a later date.

Commissioner Henley stated he doesn’t have a problem with that as long as it gives the Board a chance to review it to see if there are some types of categories that could be set up to kick in with the notice.

Chairman McLain stated the Board might want to base that on the number of trees.

Mr. Fisher stated the actual permit request must identify the number of trees. He stated staff could look at the issues of the number of trees, type of use and the acreage of the property.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2004-3, as shown on page _________, amending the Seminole County Land Development Code, Chapter 60 – Arbor Regulations, as described in the proof of publication.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:25 p.m., this same date.

ATTEST:______________________Clerk______________________Chairman

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