Mrs. Mike addressed the Board to express her thanks, stating the employees have done a super job. She presented the Board with a plaque picturing the residents of the home and said each County Department will receive one for their area.

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Patricia Southward, President of the League of Women Voters of Seminole County, addressed the Board to state the League has been working with the Orange and Osceola Counties League of Women Voters on the important issue of transportation and have developed a regional presentation.

Deidre McNabb, representing the League of Women Voters for Orange County, addressed the Board to give a PowerPoint presentation (copy received & filed). She stated that since 1972, the League has taken the position that there should be a dedicated funding source for regional transportation. She said the LYNX system is broken. If a citizen misses the bus, they have to wait an hour or hour and a half before another one comes. Most of the bus stops have no shelters or benches. She further stated that partnerships (federal & state) need to be searched out for a regional solution and most federal dollars require a matching dedicated funding source. She advised that over the last year, the League has researched other cities nationwide and have found that the grassroots approach is essential. She said people need to understand the plan and where the money is going. Citizen oversight is important. The most popular funding option is the sales tax. Other options are the gasoline tax, property tax and special taxing districts. She reviewed the possible local sources funding sheet.

Commissioner Carey thanked the League for making the presentation, stating that for many years the one issue has been a dedicated funding source for transportation. She urged the League to help in lobbying the Legislature for the ability to get the rental car fee and surtax through.

Commissioner Dallari agreed with Commissioner Carey and stated getting the community involved is key.

Chairman Henley expressed his appreciation to the League from Seminole, Orange and Osceola for their work on this issue.

Commissioner Van Der Weide thanked the League and stated he hopes to see them in Tallahassee.

Motion by Commissioner McLean, seconded by Commissioner Dallari to endorse the League of Women Voters in their efforts to work toward a citizen initiative regarding a dedicated funding source for transportation.

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

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Former Mayor of St. Cloud, Glenn Sangiovanni, representing MRI, addressed the Board to give a PowerPoint presentation (copy not received & filed) of the high speed wireless network that the City of St. Cloud launched in 2006. He said going to wireless should be viewed as an economic development project. He explained how this assists in public safety. He stated that three cities in Seminole County (Lake Mary, Sanford & Winter Springs) are considering going wireless at this time. He commented that Florida is leading the way on this. He discussed how St. Cloud started the process on going wireless, the results of same, and the feedback received from the citizens of St. Cloud. He explained that if the County is interested in going wireless, the first step would be a feasibility study and then community workshops and departmental interviews. Then an analysis and a comprehensive report is done. In closing, he stated that going wireless is an economic and social project that improves the quality of life of the community.

Commissioner Carey said that she is glad to see some of the cities considering this because if all the cities go with it, the County could possibly come in and fill in the gaps.

Chairman Henley thanked Mr. Sangiovanni for making this presentation.

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The Chairman recessed the meeting at 10:40 a.m., in order to convene the meeting of the U.S. Hwy. 17-92 Community Redevelopment Agency, reconvening the BCC meeting at 11:40 a.m.

COUNTY MANAGER’S CONSENT AGENDA

County Manager, Cindy Coto, advised there are no changes to the Consent Agenda. She further advised that there has been a request from the applicant to continue Item #33, Final Site Plan for C.A. Stone PCD, until February 13, 2007. Also, staff is pulling Item #36, the Extended Internship Program, and will be bringing back a countywide policy on same. She noted that there is an add-on, Item #37A, regarding the lease of property with SCC.

Commissioner Carey requested Item #18, Architectural & Engineering Services for the Museum of Seminole County History Expansion, be pulled for a separate vote.

Chairman Henley discussed Item #16, award of CC-1416-06, construction of Fire Station #13, voicing his concerns with the size of the building and need for two designated covered patio/grill areas. He said he hopes, in the future, that the Board will have an opportunity to review plans for construction before a bid proposal is let.

Ms. Coto stated she concurs and will be having discussions with the Department Directors on keeping the Board updated on such projects.

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

Community Services

Community Assistance

5. Approve and authorize Chairman to execute a Seminole County/Central Florida Family Health Center HUD/CDBG Subrecipient Agreement, as shown on page _______, for Program Year 2006-2007.

6. Approve and authorize Chairman to execute a Seminole County/Rescue Outreach Mission of Sanford HUD/ESG Subrecipient Agreement, as shown on page _______, for Program Year 2006-2007.

7. Approve and authorize Chairman to execute a Seminole County/City of Longwood HUD/CDBG Subrecipient Agreement, as shown on page _______, for Program Year 2006-2007.

8. Approve and authorize Chairman to execute a Seminole County/City of Casselberry HUD/CDBG Subrecipient Agreement, as shown on page _______, for Program Year 2006-2007.

Environmental Services

Business Office

9. Approve release of original Water and Sewer Maintenance Bond #FS5496650 dated 09/28/04 (AK Business Center) in the amount of $23,311.00 for the project known as AK Business Center Ph. 1 & 2.

Fiscal Services

Administration

10. Authorization by the Board of County Commissioners for the Tax Collector to publish the 2006 Tax Delinquent Lists in the Sanford Herald at the quoted rates.

Budget

11. Budget Amendment Resolution #2007-R-16, as shown on page _______, #07-32 - $760,000 – Public Safety – Fire Protection Fund. Appropriate $710,000 for the construction of Fire Station 13 due to the lowest bid being above original estimates and $50,000 for IT networking and cabling costs. The remaining balance of the Fire Protection Fund’s reserve account will be $14,532,326.

12. Budget Amendment Resolution #2007-R-17, as shown on page _______, #07-33 - $9,085,059 – Public Works/Economic Development – 2001 Infrastructure Sales Tax & U.S. 17/92 Redevelopment Funds, to provide additional construction funding for the U.S. 17/92 Reconstruction project, partially offset by reimbursement from the City of Casselberry. The project extends along U.S. 17/92 from the Orange County Line to Lake of the Woods Boulevard, converting the existing rural roadway to an urban roadway, including curbs, gutters, drainage, bike & pedestrian paths, lighting, landscaping, and hardscape elements, with an anticipated completion of December 2008. Construction Contract and Interlocal Agreement for the project are included on this Consent Agenda.

13. Budget Amendment Resolution #2007-R-18, as shown on page ________, #07-34- $20,467,625 – Public Works – Various Funds. To reflect schedule changes and updates in estimates for various CIP projects. These changes are necessitated by the preparation of the Capital Improvements Program for FY 2006/07 through FY 2010/11.

Grants

14. Approve and authorize Chairman to execute a Memorandum of Agreement (MOA), as shown on page _______, with the Orange County Sheriff’s Office to secure Seminole County’s participation in the subgrant as an Urban Area Security Initiative Strategy (UASI) agency.

Purchasing

15. Award CC-1184-06/TLR Contract, as shown on page _______, SR 15/600 U.S. 17/92 Reconstruction to Hubbard Construction Company, Orlando ($15,942,655.43).

16. Award CC-1416-06/BLH Contract, as shown on page ________, Construction of Seminole County Fire Station #13 to Mulligan Constructors, Inc. of Winter Garden, FL ($1,991,000.00).

17. Award CC-1449-06/BLH Contract, as shown on page _______, Renovation of Seminole County Fire Training Facility to Mulligan Constructors, Inc. of Winter Garden, FL ($1,196,000.00).

19. Award RFP-600083-06/GMG, Term Contract, as shown on page _______, for Clean Vegetative Wood Waste Processing Services for Seminole County to Consolidated Resource Recovery, Inc., Sarasota, FL.

Library & Leisure Services

20. Approve and authorize Chairman to execute an Agreement, as shown on page _______, with the City of Casselberry for Boating Improvement Program Fiscal Year 2006/2007.

Planning & Development

Development Review

21. Approve and authorize Chairman to execute a Minor Plat consisting of (3) lots (minimum of five-acres each) located on the east side of Lake Mills Road, approximately ¼ mile south of Brumley Road and approximately one mile east of SR 419 for Singh’s Addition to Chuluota (Motiram K. Singh and Jasmaben B. Vankawala).

22. Authorize release of The Trails Phase 2A Irrevocable Letter of Credit #3071912 ($40,091.67) (Bank of America) Final Engineering Maintenance Agreement and Monroe Commerce Center North Phase 2 Maintenance and Escrow Agreement/Cash Maintenance Bond ($2,970) for road improvements.

23. Authorize the release of Performance Bond #6200012 ($910,359) (Safeco Insurance Company of America and General Insurance Company of America) for Trinity Center (aka Ashford Park Townhomes) (Centex Homes).

Public Safety

EMS/Fire/Rescue

24. Approve and authorize Chairman to execute a Conservation Easement, as shown on page ________, to the St. Johns River Water Management District for 1.552 acres of wetlands.

Public Works

Administration

25. Approve reappointment of Commissioner Art Woodruff, City of Sanford, as a Municipal Representative to serve on the Seminole County Expressway Authority, pursuant to unanimous recommendation of the seven cities.

Engineering

26. Approve and authorize Chairman to execute the Interlocal Agreement, as shown on page _______, between Seminole County and the City of Casselberry for the construction of City utility work concurrently with the U.S. Highway 17/92 Reconstruction Project.

27. Adopt appropriate Resolution #2007-R-19, as shown on page _, and authorize Chairman to execute a Joint Participation Agreement Supplemental Amendment Number 1, as shown on page _, with the Florida Department of Transportation regarding the construction of U.S. Highway 17/92 from the Orange County Line to Lake of the Woods Boulevard.

Roads-Stormwater

28. Approve and authorize Chairman to execute the Revenue Agreement, as shown on page _______, between Seminole County and the St. Johns River Water Management District for the Seminole County Watershed Action Volunteer (WAV) Program Coordination.

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

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Request for approval of the ranking list and award for PS-1386-06/DRR, Architectural and Engineering Services for the Museum of Seminole County History Expansion to Burke, Hogue & Mills Associates, Inc. of Lake Mary, presented.

Commissioner Carey stated her concern with moving forward with this as the County doesn’t know what it is that should be designed, because they are not sure how much money they will be getting through grants. She said that it is her understanding that they will be reapplying for the grant that was denied.

Commissioner McLean questioned what the feeling of the Board was when this was first approved.

Ms. Coto advised that the Board did approve a 9,000 square foot building and the discussion was that the County would go through the State grant process and if it was denied, the Board would have to identify another funding source.

Commissioner Carey suggested going with a $1.5 million construction budget since the County did not receive the $500,000 grant.

Commissioner Van Der Weide stated he has no problem going with the $1.5 million construction budget, but if it comes up short, he will be coming back to the Board for more money.

Motion by Commissioner Carey, seconded by Commissioner McLean to approve ranking list and award for PS-1386-06/DRR Contract, as shown on page _______, Architectural and Engineering Services for the Museum of Seminole County History Expansion to Burke, Hogue & Mills Associates, Inc. of Lake Mary, with a maximum of $1.5 million construction budget including the design costs.

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

COUNTY ATTORNEY’S CONSENT AGENDA

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve negotiated settlement relating to Parcel Numbers 168/768, Elliott property, on the Lake Drive road improvement project in the amount of $250,000, inclusive of all compensation to the owner, attorney fees of any kind, all costs, interest and other expenses for which Seminole County might be obligated to pay relating to these parcels.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk’s Office

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

30. Expenditure Approval Lists, as shown on page _______, dated December 18 & 27, 2006, & January 2, 2007; and Payroll Approval Lists, as shown on page _______, dated December 14 & 28, 2006, presented.

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

1. M-1697-06 Contract, as shown on page _______, Crom Engineering & Construction for Structural Inspections of Ground Storage Tanks.

2. Work Orders #4 & #5, as shown on page _______, to PS-596-01.

3. Change Order #1, as shown on page _______, to Work Order #45 to CC-1262-05.

4. Change Order #1, as shown on page ________, to Work #28 to CC-1262-05.

5. Change Order #1, as shown on page ________, to Work Order #39 to CC-1262-05.

6. Work Order #24, as shown on page _______, to CC-1267-05.

7. Non-Certified Tennis Pro Agreements, as shown on page ________, for the following: Sarah Harkins; Taryn Lamonettin; Clint Ekelund; John Gegenheimer; and Deborah Coreil.

8. Certified Tennis Pro Agreements, as shown on page _______, for the following: Robert Shetler; Brian Morrissey; Daniel Keating; and Pysan Venchai.

9. Certificate of Substantial Completion for CC-1262-05 (W.O. #36), as shown on page ________.

10. Amendment #2, as shown on page _______, to Work Order #11 to PS-5144-03.

11. Work Order #55, as shown on page _______, to PS-5129-02.

12. Certificate of Final Completion, as shown on page ________, for CC-0952-06.

13. Work Order #2, as shown on page _______, to M-0398-06.

14. M-1702-06 Contract, as shown on page _______, Pomeroy Appraisal Associates of Florida.

15. Work Order #23, as shown on page _______, to RFP-4241-05.

16. Development Order #06-50000010, as shown on page ________, Ralph & Linda Johnson.

17. Maintenance Bond #024-010-905-M2, as shown on page _______, in the amount of $216,599.95 for the project known as Clifton Park Subdivision.

18. Title Opinion, as shown on page _______, for Milford Estates.

19. Certificate of Substantial Completion, as shown on page ________, for CC-0455-06.

20. Amendment #1, as shown on page _______, to Work Order #12 to PS-5190-05.

21. M-1754-06 Contract, as shown on page _______, Sears Surveying Company.

22. Amendatory Order from the Public Service Commission re: application for increase in water and wastewater rates in Marion, Orange, Pasco, Pinellas, and Seminole County by Utilities, Inc.

23. First Amendment, as shown on page _______, to IFB-3093-04.

24. Corrected Ordinance #2006-33 and Ordinance #2006-34, as shown on page ________, amending the legal description for the Willow Brook Land Use Amendment and Rezone.

25. Corrected Ordinance #2006-24, as shown on page _______, amending the legal description for the SR 426 Land Use Amendment.

26. Certificate of Final Completion, as shown on page ________, for CC-0012-05 (W.O. #1).

27. BOA Development Order #06-30000196, as shown on page ________, Carnicelli variance and Development Order #06-50000009, Turner Guest House.

28. Satisfactions of Connection Fees, as shown on page ________, for the following projects: Stratford Green Townhomes; Skorman Professional Office; San Pedro Spiritual Center; Remington Park Office Complex; Monroe Commerce Center North Ph. 3; Lake Forest 5B; Christian Life Center; The Center for Alternative Medicine; and WB Equestrian Center.

29. Amendments, as shown on page _______, to the Conditional Utility Agreements for water and sewer service with Dunn 434 Real Estates LLC for the project known as Dunn & Savastano.

30. Conditional Utility Agreement, as shown on page _______, for water service with CRF Bear Lake LLC for the project known as Bear Lake Shoppes.

31. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Colonial Realty Ltd. Partnership for the project known as Colonial Town Park Bldg. 400.

32. Bill of Sale, as shown on page _______, accepting sewer system for the project known as Dan Marsden Residential Property - Prairie Lake Park.

33. Memorandum to Carylon Cohen from Lorraine Hajeski submitting a copy of a letter from Greater Construction Corp. re: non-return of Greater Leasing Estoppel Letter, as shown on page ________, approved by the BCC on Sept. 26, 2006.

34. Purchase Agreement, as shown on page _______, with Philip & Patricia Lake, Parcel Nos. 114/714, per Binding Written Offer approved by the BCC on Nov. 7, 2006.

35. IFB-600108-06 Contract, as shown on page ________, Sunniland Corp. for the purchase of fertilizer.

36. Certified Copy of Certificate of No Recall, as shown on page _______, for Florida Jai-Alai, Inc.

37. Work Order #65, as shown on page _______, to PS-5165-04.

38. Work Order #9, as shown on page _______, to PS-5182-05.

39. Work Order #2, as shown on page _______, to PS-1020-06.

40. Work Order #23, as shown on page ________, to CC-1267-05.

41. Change Order #3, as shown on page _______, to CC-0349-06.

42. Amendment #1, as shown on page _______, to Work Order #20 to PS-5165-04.

43. RFP-600029-06 Contract, as shown on page _______, for purchase of library materials, Baker & Taylor, Inc.

44. Performance Bond #6200012, as shown on page ________, in the amount of $910,359 for the project known as Trinity Center.

45. Change Order #1, as shown on page _______, to CC-0998-06.

46. Maintenance Agreement, as shown on page _______, in the amount of $3,207.10 for the project known as Marsden Residence (Prairie Lake Park).

47. Work Order #49, as shown on page _______, to PS-5150-03.

48. Amendment #2, as shown on page _______, to M-418-06.

49. Work Order #1, as shown on page _______, to PS-0709-06.

50. Work Order #53, as shown on page _______, to CC-1212-03.

51. Bids as follows: PS-1529-06; 600073-06; RFP-600094-06; RFP-600096-06; RFP-600121-06; and RFQ-600125-06.

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

Sheriff’s Office

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the Sheriff’s Office to execute and submit a grant application, as shown on page _______, to the U.S. Department of Justice, Office of Violence Against Women; and authorize the Sheriff to sign future documents relating to the grant.

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

REGULAR AGENDA

Motion by Commissioner Dallari, seconded by Commissioner Carey to continue until February 13, 2007 the approval of the Final Site Plan and Developer’s Commitment Agreement, and approval of a minor amendment to the Development Order for the C.A. Stone PCD, consisting of 6.81 acres located on the southeast corner of Red Bug Lake Road and Mikler Road, Javier Omana/CPH Engineering.

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

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Request for approval of the Final Master Plan and Developer’s Commitment Agreement for the Markham Road/Longwood Markham Road PUD, consisting of 72 acres located on the southwest corner of the intersection of Markham Road and Longwood Markham Road, 1.5 mile south of west SR 46, C & G Real Estate Group, LLC, presented for action.

Tina Williamson, Principal Coordinator, presented the request, advising the final plan shows a 38-lot single family residential subdivision with a net density of 1.0 unit per net buildable acre. She further advised the staff recommends approval based on staff findings.

Upon inquiry by Commissioner Carey, Ms. Williamson advised the applicant has confirmed that the dock will be for residents only. Whereupon, Commissioner Carey stated she would like to have the words “for residents only” added in the commitment agreement.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for the Markham Road/Longwood Markham Road PUD, consisting of 72 acres located on the southwest corner of the intersection of Markham Road and Longwood Markham Road, 1.5 mile south of west SR 46, C & G Real Estate Group, LLC.

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

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Purchasing Manager, Ray Hooper, addressed the Board to request direction with regard to PS-1529-06/DRR, Master Agreement for Environmental Services Department Continuing Engineering Services for Capital Improvements Projects. He advised the project was advertised and the County received 18 submittals. The Evaluation Committee short-listed the firms to 10 and then after interviews, have recommended the top seven firms and three alternates.

Commissioner McLean suggested keeping all ten companies in the first tier as opposed to having seven top firms and three alternates.

Commissioner Dallari stated he believes five firms would be more than adequate to do the job. He said in this way, it would keep the focus of those five firms.

Commissioner Van Der Weide stated this is an opportunity to recognize a local, Seminole County firm (CPH Engineers, Inc.). He said CPH is recommended to be an alternate, but he would like to move them up to the first list, making a total of eight instead of seven.

Commissioner Carey stated staff has work orders ready to go so she was ready to support the seven firms. However, she agrees with Commissioner Van Der Weide to move CPH up to the first list. She asked that the staff, when distributing the work, look for specific qualifications and availability; and give the biggest projects to firms that can handle them.

Chairman Henley agreed with comments made with regard to the work allocation. He also agreed that CPH should be moved up.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize negotiations and award PS-1529/06/DRR, Master Agreement for Environmental Services Department Continuing Engineering Services for Capital Improvement Projects to the following: Boyle Engineering Corporation; CDM; HDR Engineering, Inc.; Malcolm Pirnie, Inc.; PBS&J; Reiss Environmental Inc.; Rockett & Associates, Inc.; and CPH Engineers, Inc.; with Hazen & Sawyer, P.C. and Tetra Tech, Inc. to be alternates.

Districts 2, 3, 4 and 5 voted.

Commissioner Dallari voted NAY.

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The Chairman announced that Item #36, Extended Internship Program, has been pulled from the agenda.

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Support Services Manager, Meloney Lung, addressed the Board to request direction with regard to the disposition of County property located at 100 Seminola Blvd., Casselberry (Parcel #05-21-30-517-2800-0150).

Motion by Commissioner Carey, seconded by Commissioner Dallari to direct staff to retain the property located at 100 Seminola Blvd., Casselberry (Parcel #05-21-30-517-2800-0150).

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

COUNTY MANAGER’S BRIEFING

County Manager, Cindy Coto, updated the Board with regard to the request from SCC for $200,000 for the Phase I driving track and other amendments in the lease by Seminole County. She referred to the matrix (agenda memorandum) of the differences between the County’s recommendations and SCC’s. She said they remain fairly far apart and she does not see much room for compromise.

Chairman Henley stated that unless he hears differently from the Board, the $200,000 will not be forwarded to SCC.

Commissioner McLean expressed his disappointment that because of the constraints, they could not find a way to make this work.

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The Chairman recessed the meeting at 12:31 p.m., reconvening it at 1:30 p.m., with all Commissioners and all other Officials who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

REQUEST TO REZONE FROM PCD TO PCD,

FRITH & ASSOCIATES, Inc., LLC

Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a major amendment and rezoning from PCD to PCD for the Aloma Mini Storage PCD, approximately 600 feet east of the intersection of Tuskawilla Road and Aloma Avenue, Frith & Associates, Inc., LLC, received and filed.

Ian Silonia, Senior Planner, addressed the Board to present the request, advising the initial approval for the Aloma Mini Storage PCD was for 102,366 square feet of buildings allowing for those uses permitted in the C-1 zoning district, and, in addition, a mini-storage warehouse facility for personal storage, with open storage allowed in the rear of the property. The applicant is now requesting permission to allow outdoor storage on the outparcel named Phase III as he would like to store boats and RV’s. The applicant is proposing 100 parking spaces ranging in size from 20’ x 11’ to 30’ x 11’. He further advised the outparcel will be sufficiently buffered from Aloma Avenue and is located adjacent to Commercial Tract F within the Deep Lake PUD to the east. The east side of the outparcel will consist of a 6-foot block screen wall that will tie into the existing wall on the southern portion of the outparcel. Also, there will be a 25-foot landscape buffer on the northern portion of the outparcel abutting Aloma Avenue and along the eastern portion of the outparcel, there will be a 10-foot landscape buffer with a 6-foot block screen wall. Landscaped buffers will be in compliance with the LDC along the public rights-of-way and there will be four canopy trees per 100 linear feet with a minimum 30-inch hedge along the northern and eastern property lines. He stated the staff recommends approval of the amendment and rezoning based on staff findings.

John Frith, applicant, addressed the Board to advise they agree with the staff recommendations.

No one else spoke in support or in opposition.

District Commissioner Dallari distributed his recommendations (copy received & filed) with regard to the landscaping, buffers and wall sections of the commitment agreement and discussed same with the Board. He said he would like the buffer requirements for the northern property line of Phase III outparcel to be carried over the entire length of the northern property line, not just Phase III, so that the entire property has a consistent 25-foot buffer abutting SR 426. Also, he said he would recommend that the building fronting SR 426 have at least one pitch change on the roof. He submitted photographs (copies received & filed) of an example of a pitched roof he is recommending. He added that the architectural renderings should be approved by the BCC as part of the final site plan process.

Mr. Frith stated they would agree with Commissioner Dallari’s recommendations.

Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance #2007-4, as shown on page _______, approving rezoning of the Aloma Mini Storage PCD from PCD to PCD; approve a major amendment, Development Order, as shown on page _______; and Addendum #1 to the Aloma Mini Storage PCD Developer’s Commitment Agreement, as shown on page _______, with staff findings and amended conditions, as specified by Commissioner Dallari, for property consisting of 8.9 acres located on the south side of Aloma Avenue, approximately 600 feet east of the intersection of Tuskawilla Road and Aloma Avenue, as described in the proof of publication, Frith & Associates, Inc., LLC.

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

REQUEST TO REZONE FROM A-1

TO R-1A, ZACHARY MILLER

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone 1.01 acres, located on the south side of First Street, 500 feet east of Orange Blvd., from A-1 (Agriculture) to R-1A (Single Family Dwelling), Zachary Miller, received and filed.

Ian Sikonia, Senior Planner, presented the request, advising R-1A requires a minimum lot size of 9,000 square feet. He said the staff conducted the lot size compatibility analysis, per the LDC, and determined that the analysis does support the requested rezoning to R-1A. To the east, west and north of the site is the A-1 zoning with LDR land use. To the northwest is a Seminole County water treatment plant. He added that there are two PUD’s within 600 feet of the subject property consisting of 2.5 to over 10 dwelling units per net buildable acre. He further advised that staff recommends approval of the request to rezone to R-1A and the P&Z Commission also recommended approval by a 5 to 0 vote.

Discussion ensued with regard to how many lots could be placed on the property. Planning Manager, April Boswell, addressed the Board to advise the future land use classification allows a maximum of four dwelling units per acre and that threshold cannot be tripped. She further advised that the property owner did pick up some additional acreage when the right-of-way was vacated; however, this rezoning does not lock in a certain number of lots – it only establishes a lot size requirement in keeping with the density.

Zachary Miller, applicant, addressed the Board to display a proposed lot configuration (not received & filed), showing five lots with a driveway off Park Street.

Upon inquiry by District Commissioner Carey, Mr. Miller stated he was not planning on paving the road, only the driveway. He said that directly to the south of the site is an apartment complex, to the east is an approved condo zoning, to the northeast are apartments, and he believes this will be a natural transition.

Vincent Carino, 1795 Sylvan & Emmitt Avenue property owner, addressed the Board to speak in support of the rezoning, stating he believes this project is great and the density should not be a problem for the area.

Philip Nester, 897 Kerwood Circle, Oviedo, addressed the Board to advise he owns property adjacent to the subject property to the east. He said his property consists of a half acre with one structure on it that he rents. He submitted for the Record a copy of a petition (received & filed) signed by area residents in opposition to the requested rezoning. He explained that he became aware of this request only last Thursday and has not had a lot of time to prepare. He said it is his belief that this request will change the nature of the neighborhood and result in lower property values. He further said that from a common sense point of view, they have an isolated neighborhood and the apartments cannot be seen. He said he believes the lot size compatibility analysis is off and would like more time to prepare showing that is the case. Copy of a zoning weight table and the original site analysis were received and filed.

Carter Bluge, 2200 Emmitt Avenue, addressed the Board to express his opposition to the requested rezoning, stating he does not want to see four or five houses across the street from his property.

At the request of Commissioner McLean, Ms. Boswell explained what the lot size compatibility analysis is and how it works. She addressed the issue of rounding up the number of 7.5 to 8.

Upon inquiry by Commissioner Carey, Brian Potts, Development Review Manager, addressed the Board to advise in this case, the applicant is subdividing the property and the road would have to be brought up to County standards. Also, stormwater would have to be addressed.

County Attorney, Robert McMillan, advised that the Board is determining the zoning at this hearing and the number of lots will have to be determined later.

Mr. Miller showed pictures (received & filed) of the area and pointed out that the nearby apartments can be seen from the property in question. He also displayed a configuration (received & filed) of how the property is subdivided currently and said he is actually proposing less lots. Copies of letters in support and tax information on area lots were received and filed.

No one else spoke in support or in opposition.

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

District Commissioner Carey stated she believes the lot compatibility test is skewed because of the two high density developments that come off 46A. She said First Street is unique and she believes there should be more of a transition. Therefore, she would recommend R-1AA zoning for the property.

Motion by Commissioner Carey, seconded by Commissioner Dallari to deny request to rezone 1.01 acres, located on the south side of First Street, 500 feet east of Orange Blvd., from A-1 (Agriculture) to R-1A (Single Family Dwelling), as described in the proof of publication, Zachary Miller; and authorize the Chairman to execute the Denial Development Order, as shown page _______.

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

Motion by Commissioner Carey, seconded by Dallari to adopt Ordinance #2007-5, as shown on page _______, approving rezoning from A-1 (Agriculture) to R-1AA (Single Family Dwelling) for 1.01 acres located on the south side of First Street, 500 feet east of Orange Boulevard, as described in the proof of publication, Zachary Miller.

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

REQUEST FOR CONSIDERATION OF SMALL SCALE LAND

USE AMENDMENT & REZONE, REDMON DESIGN CO. LLC

Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a Small Scale Land Use Amendment from LDR (Low Density Residential) to COM (Commercial); and rezone from C-2 (Retail Commercial) and R-1A (Single Family Dwelling) to PUD (Planned Unit Development) for approximately .33 acres, located on the southeast corner of the intersection of U.S. 17-92 and South Lake Wood Circle, Redmon Design Co. LLC, received and filed.

Tina Williamson, Principal Coordinator, addressed the Board to present the request, advising along with the land use and zoning change, the applicant is requesting approval of a Preliminary Master Plan for a two-story office to house a full service landscape architecture design firm. There will be garden areas to showcase landscape design and interior display areas for upscale garden accessories, fountains and outdoor furniture. The building’s architecture and construction will consist of many applications in the principles of “Green” design, with the use of recycled building materials, green roof displays, stormwater storage/reuse systems and proper solar orientation and design for enabling reduction of energy consumption. She further advised that the staff recommends approval based on staff findings. She submitted for the Record a copy of two e-mails from Susan Hall and Christine Bacchus in opposition to the requested land use and rezoning.

Scott Redmon, applicant, addressed the Board to advise the office building is for him and his wife’s landscape architect business they have had for 14 years. He displayed photographs (received & filed) of the type of landscapes they have designed, including pathways, pools, fountains, outdoor fireplaces and furniture. He said they have a high-end residential clientele. He further said they are building this property to showcase the types of things they offer. He submitted copies of conceptual plans (received & filed) for some of the designs they have done in Isleworth. He displayed and reviewed an artist rendering (received & filed) of the proposed office building and the first floor, second floor, and parking entry plans (received & filed). He stated that with regard to the dumpster, they are locating it closer to the building and are proposing a six-foot wall around it with an extreme amount of landscaping. He advised they currently have seven employees and would like to expand to ten. He said they intend to harvest the rain from off their roof and use it for irrigation.

Deputy Clerk Sandy McCann left the meeting at this time and was replaced by Deputy Clerk Carylon Cohen.

Chairman Henley stated that he personally likes the design of Mr. Redmon’s building and thinks it is going to be an asset and will help to set the quality of standard the Board is looking for. He commended him for the efforts he’s taking to blend in and still be sensitive to the neighborhood. He asked how often Mr. Redmon expected the commercial vendors to come in and do trash pick-up in a week.

Mr. Redmon said he had never rented a dumpster before and he doesn’t really know. Whereupon, Chairman Henley said he would imagine pick-up would not be needed more than once a week.

Richard Marks, 183 S. Lake Wood Circle, addressed the Board to state the County has tried to do all kinds of improvements over the years at that end of the County and nothing has ever happened except massage parlors, strip joints, prostitution, crime and everything else. They see what Mr. Redmon is trying to do, and he hopes other buildings that come into the County will be that nice and improve the area so they can get rid of the wrong kind of buildings there now. He said, as far as he knows, the dumpster pick-up is once a week for the credit union in the area. Regarding the driveway that comes in on the side, he said he has always had a driveway on that one side and he had more traffic than Mr. Redmon will have. He said the County at one time approved a driveway for another nearby residential lot and that was used for all kinds of traffic and nobody complained about that. He said he thinks this project will be a real asset for the County and their neighborhood.

Theodore LaValley, 210 N. Lake Wood Circle, addressed the Board to state he is not in opposition to the building; but he asked when the construction takes place, how are the people that live on the circle going to be able to get in and out. He said there is only one little road to go in and out of the circle with about 40 houses.

Chairman Henley advised the applicant will not be allowed to block that entrance.

Mr. LaValley said if they change that entrance for construction to come out of the front further down, that will help the residents a lot.

Chairman Henley stated staff will take those things into consideration.

No one else spoke in support or in opposition.

Speaker Request Form for Mr. Marks was received and filed.

District Commissioner Henley asked for a motion to approve the staff recommendation.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt Ordinance #2007-6, as shown on page _______, approving a Small Scale Land Use Amendment from LDR (Low Density Residential) to COM (Commercial) and adopt Ordinance #2007-7, as shown on page _______, rezoning from C-1 (Retail Commercial) and R-1A (Single-Family Dwelling) to PUD (Planned Unit Development) for approximately 0.33 acres, located on the southeast corner of the intersection of U.S. 17-92 and South Lake Wood Circle; as described in the proof of publication, Redmon Design Co., LLC.

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

VACATE AND ABANDON/SEMINOLE COUNTY

DEPARTMET OF PUBLIC SAFETY

Proof of publication as shown on page _______, calling for a public hearing to consider vacating and abandoning a portion of a platted drainage easement on Lot 4, Mirror Lake Commercial site; Seminole County Department of Public Safety, received and filed.

Brian Walker, Planner, addressed the Board to present the request, stating that staff recommends adoption of the Resolution to vacate and abandon a portion of the drainage easement.

Commissioner Carey asked if this easement is solely for the benefit of Seminole County or are other utility companies involved. She also questioned if this should have come through at the time the Board approved the site plan.

DCM Don Fisher addressed the Board to state, on behalf of the applicant, that he spoke with Fire Chief Raw and Brian Potts, Development Review Manager, and there have been some utility and drainage relocates as a part of Fire Station 13. It takes into consideration the surrounding uses and subdivision plat that the Seventh Day Adventists have control over. Staff has reviewed this and is comfortable there will be no drainage issues as a result of this vacate and also this will accommodate construction of the fire station.

No one else spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt appropriate Resolution #2007-R-20, as shown on page _______, vacating and abandoning a portion of a platted drainage easement on Lot 4, Mirror Lake Commercial site, a replat recorded in the public records of Seminole County in Plat Book 63, pages 15 through 17 in Section 17, Township 21 S, Range 29 E; as described in the proof of publication, Seminole County Department of Public Safety.

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

CUB COVE WATER & WASTEWATER

CONSTRUCTION MSBU

Proof of publication, as shown on page _______, calling for a public hearing to consider approval and authorization for the Chairman to execute an Ordinance repealing Ordinance 2004-17 that created the Cub Cove Water & Wastewater Municipal Services Benefit Unit (MSBU), received and filed.

Kathy Moore, MSBU Program, addressed the Board to present the request.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to approve and authorize the Chairman to adopt Ordinance #2007-8, as shown on page _______, repealing Ordinance 2004-17 that created the Cub Cove Water & Wastewater Municipal Services Benefit Unit (MSBU), thereby, dissolving the MSBU; as described in the proof of publication.

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

SPRING LAKE AQUATIC WEED CONTROL MSBU

Proof of publication, as shown on page _______, calling for a public hearing to consider adopting an Ordinance creating the Spring Lake Aquatic Weed Control Municipal Services Benefit Unit; and authorize the Chairman to execute the Ordinance and Interlocal Agreement with the City of Altamonte Springs, received and filed.

Ms. Moore presented the request, stating the initial cost for this district will occur this fiscal year and the repayment of the advance funding is expected to take place over a two-year period. She explained that this MSBU is unique in that it requires close interaction with the County’s Lake Management Program and city of Altamonte Springs. The MSBU requires an interlocal agreement with Altamonte Springs, and the City approved the interlocal at their January 16, 2007 meeting.

Chairman Henley advised three speakers (Sharon Rogers, Debbie Auerbach, and John Bandy) have consented to allow Mr. Bill Vogel to speak on their behalf.

Bill Vogel, representing the Save Spring Lake Liaison Advisory Committee, addressed the Board to state they are in favor of establishing the MSBU. He thanked the staff and County Commissioners for their vision in establishing a lake management program.

Jay Fraxedas, 245 Live Oak Lane, addressed the Board to state he also thanks the County Commission for their vision. He said he presently sits on the Board as the Lake Director. He said the support for the MSBU was overwhelming at 88% and they only had two votes in opposition. One of those voters was an out-of-state trust. The reason they did not have 98% is because some people did not return their votes. He thinks this is an extraordinary project.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Van Der Weide congratulated the city of Altamonte Springs for their cooperation in this process.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt Ordinance #2007-9, as shown on page _______, creating the Spring Lake Aquatic Weed Control Municipal Services Benefit Unit; and authorize the Chairman to execute the Ordinance and Interlocal Agreement, as shown on page _______, with the City of Altamonte Springs; as described in the proof of publication.

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

LEGISLATIVE UPDATE

Lisa Spriggs, Fiscal Services Director, addressed the Board to give an update on the legislative initiates. She reviewed that in November, 2006, the Board established the legislative priorities for the State and the funding requests. In December, staff communicated those to the Legislative Delegation; and in early January, 2007, staff submitted the funding forms through the County lobbyists to the State Senate and House Offices. She stated the Board was forwarded a spread sheet provided by Mr. Brantley’s office (copy received and filed) that recaptures the sponsors for those requested projects. She advised, regarding the Property Tax Reform, that the Governor’s Committee issued their report in December, and it basically gave three recommendations. She will forward to the Board a summary of the report, which outlines six property tax issues and options for further study. These issues were affordability, the lock-in effect, equity, agricultural classification, Value Adjustment Boards, and homestead exemption. The Committee concluded three, broad recommendations that any recommendations to improve taxation in Florida should be founded on a comprehensive approach with emphasis on simplifying the system for all taxpayers; the Committee should continue to meet and formulate recommendations; and they laid out a list of options under the tax issues identified to further study. The Committee also said they concurred with the Auditor General’s recommendations on the Value Adjustment Board process, except they did not agree with creation of an appeals process at the regional or State level, but leave it at the local level. Ms. Spriggs advised she has not seen the property tax study report from the committee established through the Department of Revenue. This was to be completed in early January, and she will look for a draft report on this. Also, a progress report is due in February from the Economic and Demographic Research Property Tax Study Committee, and when she receives that, she will forward it to the Board.

Ms. Spriggs stated the Florida Association of Counties (FAC) has advised that the Senate and House will hold tax reform hearings across the State. Two hearings have been established with the second hearing being more local for February 8 in Jacksonville. She said FAC is encouraging its members to attend and provide the perspective of reasonable balanced and equitable solutions. FAC will provide summaries of issues they want to be brought up at those hearings for those attending.

Commissioner Carey advised she completed the survey on the property tax reform issue from FAC and submitted that. She also faxed some information to FAC that was compiled by Ms. Spriggs. Commissioner Carey said she thinks they need to work closely with Property Appraiser David Johnson to understand better the impact. She asked Ms. Spriggs to work closely with Mr. Johnson to try to come up with some ideas about what would be some viable solutions.

Chairman Henley also asked that the School Board be included.

Commissioner Carey stated she thinks they will be better off to be proactive and try to learn some different scenarios that would work and give those to the Legislature and Governor’s Office to try to help them solve the problems; because they are all looking for some solutions that work for local governments.

Susan Dietrich, Assistant County Attorney, addressed the Board to state FAC has been directed by the charter counties to undertake a process to select an outside lobbyist on the county premption issue which may arise again this session. Several counties have recommended lobbyists to interview. The interviews have been scheduled for February 1 and three individuals have been selected for interviews.

Ms. Dietrich advised Tom Tomerlin, Principal Planner, prepared an analysis (copy received and filed) on affordable housing and this was submitted to FAC.

Commissioner Dallari asked how could they work on the insurance issue to stay ahead of the curve as they talked about working with the Property Appraiser on the property tax issue.

Ms. Spriggs said one of the things staff will do is look for information and forward what kind of impacts are coming out of that legislation.

Ms. Spriggs advised that she will bring to the Board on February 13 the staff recommendations for the federal legislative priorities and the funding projects. She asked if the Commissioners have anything to be considered to get those to staff. Also, she said staff had discussions with Lobbyist Skip Bafalis yesterday and they are researching some opportunities and will bring those forward to the Board. She said staff will also provide a calendar of some key dates and some links to WEB sites, rather than actually distributing some lengthy materials, and the Commissioners can decide which to print or not.

CHAIRMAN’S REPORT

Chairman Henley advised there is an article in the recent NACo News regarding the local franchising of cable companies, and it appears that the FCC has promulgated rules that preempt local governments from the standpoint of franchising the companies. He asked that all the Commissioners read that article and see if they want to take any action. He encouraged the two Commission representatives who are going to Washington to discuss that with the lobbyists.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 01/09/07 to Distribution List (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Annexation Ordinance #4033. (cc: BCC, Supervisor of Elections)

2. Memorandum dated 01/11/07 to Chairman from Linda Batman, Chairman-Seminole County Historical Commission, re: Grant proposal suggestions from the Historical Commission.

3. Notice and agenda for January 17, 2007 Seminole County Port Authority Meeting.

4. Letter dated 01/05/07 to Chairman (with attachment) from Brian Stanger, District Project Development & Environmental Engineer-Florida Department of Transportation, re: Upcoming Public Hearing on U.S. 17/92 from Shepard Road to Lake Mary Boulevard. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works Director, Co. Engineer)

5. Copy of memorandum dated 01/08/07 to Maryanne Morse, Clerk of the Court (with attachment), from Cynthia Coto, Co. Manager, re: Indoor air quality report for civil courthouse annex.

6. Memorandum dated 01/19/07 to BCC from Lisa Spriggs, Fiscal Services Director, re: Tourist Development Tax Revenue-Financing Capacity.

7. Memorandum dated 1/19/07 to BCC (with attachment) from Lisa Spriggs, Fiscal Services Director, re: Infrastructure Sales Tax Recap as of September 30, 2006.

8. Copy of letter dated 1/19/07 to Luke Altenburg (with attached resume) from Gretchen R. Venn, Executive Assistant, re: Receipt of volunteer information form.

9. Letter dated 01/12/07 to BCC (with attachment) from Grant Maloy re: Ethics reform. (cc: Co. Manager, Deputy Co. Manager, Co. Attorney)

10. Copy of memorandum dated 01/12/07 to Sandy McCann, Supervisor, County Commission Records Office, from Becky Noggle, Sr. Coordinator – Environmental Services, re: Submission into County Records.

11. Memorandum dated 01/18/07 to BCC (with attachment) from Cynthia Coto, County Manager, re: Casselberry CRA Meeting.

12. Memorandum dated 01/10/07 to BCC from Cynthia Coto, County Manager, re: Capital Project Fund Transfer (Pedestrian Overpass at Red Bug Elementary).

13. Letter dated 01/12/07 to BCC (with attachment) from Eloise Sahlstrom, Senior Planner-City of Winter Springs, re: Upcoming annexation public hearing on 02/12/07 and 02/27/07. (cc: BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Planning & Development Director, Planning Manager)

14. Notice of proposed continuance of City of Lake Mary public hearing for Waterside Preliminary PUD and Developers Agreement to 02/01/07. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

15. Public Notice from the Department of the Army-Jacksonville District Corps of Engineers, re: Application for the Yankee Lake Surface Water Treatment Plant project. (cc: BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Environmental Services Director)

16. Letter dated 01/11/07 to BCC from Diane Pickett Culpepper, Bright House, re: Upcoming Changes to Bright House Network’s channel line-up.

17. Copy of letter dated 01/09/07 to Ray Eubanks, Plan Review Administrator-Florida Department of Community Affairs, from Dori DeBord, Planning & Development Director, re: Request for six-month extension for EAR-based amendment adoption.

18. Notice and agenda for 01/18/07 Historical Commission meeting.

19. Letter dated 01/17/07 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Public Hearing to consider annexations on 02/12/07. (cc: BCC, Elections, Property Appraiser, Planning & Development Director, Co. Manager, Deputy Co. Manager)

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Van Der Weide reported he met with the Governor last week in Tallahassee, and this trip was funded by the Private Business Association of Seminole (PBA). He said he was very impressed with the reception they received and with the fact that the Governor is very aware of what the public is thinking. He said the Governor mentioned that he wished every county had an organization like the PBA; and he said they should not let up communicating with the local delegation during this critical time, because the legislators will have to address this again when they get into the regular session. Commissioner Van Der Weide said it’s really not clear what the Legislature did until they get a copy of the bill to review. He stated this was a Resolution not only signed by the BCC, but also the cities. There were 114 organizations that signed the Resolution. He said this trip was a joint effort of the PBA and the Chamber of Commerce. He thought it was a very productive trip. He thinks they all recognize that there is some real concern about where they are going to be if there is another real catastrophe.

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Commissioner Van Der Weide advised he will be on the Roger Williams radio program talking about the insurance issues and the trip to Tallahassee.

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Commissioner Van Der Weide further advised that his wife is going to have a hip operation on February 19, so he will not be able to go on the Washington trip with Commissioner Carey. He suggested that one of the other Commissioners volunteer and go because he thinks it is that important. He said the Commissioners need to be talking to the legislators as well as their lobbyists in Washington.

Commissioner Carey said the Commissioners need to have regular interaction both here at home and in Washington with their legislators and lobbyists. She said the NACo Conference may not be the best time to do that because they have representatives from all the other states converging on them at the same time. But they definitely need to have additional trips during the legislative session, especially since they have a paid lobbyist in Washington.

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Chairman Henley stated he has been getting complaints about the water plant in Sunshine Park in Altamonte. The neighbors are complaining about the noise coming from the plant and that the city of Altamonte Springs failed to buffer and landscape the way they had committed to do. He said he plans to visit the plant.

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Chairman Henley stated he visited three of the County’s parks over the weekend. Kewannee Park was being heavily used. The parking lot was full and people were beginning to park on the right-of-way on Derbyshire Road. If that continues, the County may have to post signs about parking on the right-of-way.

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Chairman Henley said he had the opportunity to go to the Flag Retirement Ceremony at the American Legion. He said this was tremendously impressive and about 100 citizens attended.

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Chairman Henley reported that several Commissioners visited the Highland Games reception and he thought that was extremely well done.

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Commissioner Carey stated at the last MetroPlan meeting, they had the same presentation that the League of Women Voters made this morning, and the League received almost unanimous support from MetroPlan. She thinks they need to expand from just the League of Women Voters to all other organizations to have a community-wide message about transportation in Central Florida and funding for it. She encouraged all the groups to get involved.

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Commissioner Carey reported that a Wekiva River Basin Commission meeting was held on January 12. The Department of Health decided to do nitrogen testing at three locations. The work at Wingfield Reserve should have begun last week. A meeting at Sylvan Lake Park is scheduled for February 6 to talk about some of the results of the testing to see how septic tanks are impacting the quality of the river. The Department of Environmental Protection’s study is due in March this year and the Department of Health’s study is due by June this year. Senator Constantine is chairman of the committee and has asked that they have draft forms available at the April meeting. Commissioner Carey also noted that the Wekiva Comprehensive Plan Policies and Procedures will be put on the County’s web site so that those interested can follow what the potential rulemaking can do financially.

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Commissioner Carey stated on January 19 she had the opportunity to speak at the SCC Oviedo Central Florida Auto Dealers Association Professional Automotive Training Center. She said this was a great public/private partnership.

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Commissioner Carey said she had the opportunity to attend the Highland Games and the events are growing every year and the attendance was larger than in the past. The Simon Fraser University Band did a great job.

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Commissioner Carey announced that “Naturally Central Florida-Fitting the Pieces Together” will be presented on January 25 at 8:00 a.m. until noon at the Church Street Station Ballrooms. She said this event is sponsored by the UCF Metropolitan Center for Regional Studies and myRegion.org.

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Commissioner Carey further announced that on January 26 from 11:00 a.m. until 1:30 p.m. the Orlando Business Journal and the Seminole County Regional Chamber of Commerce will present the first edition of the 2000 Series Regional Update. The focus will be on Seminole County. She named the panel members, including herself, and said this will be at the Central Florida Zoo and reservations can be made through the Chamber or the Orlando Business Journal.

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Commissioner Carey said coming up this Saturday (January 27) from 8:00 a.m. until 1:00 p.m. is the first Geneva’s Farmers Market and this should be a great event.

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Commissioner Carey advised that on January 31, Senator Lee Constantine is hosting a Town Hall meeting at the Longwood Community Center from 6:00 p.m. to 8:00 p.m.

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Commissioner Dallari stated the Scottish Highland Games this past weekend were very well received by the many citizens attending. He believes the city of Winter Springs did a wonderful job hosting the games, as well as the Scottish Highland Association. The Simon Fraser Pipe Band put on a wonderful show.

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Commissioner Dallari said he would like the Board to look at a new initiative. He said with looking at all the new buildings to be built, it would be nice to look at doing more on the green side; that is, making them more energy efficient. He said looking at Fire Station 13, there was really no discussion of the building being green, i.e. energy efficient. He said with the cost of energy being the way it is, it would be apropos to do something along those lines. He said he has spoken to staff and they are looking at some renovations around the County, but it would be nice if the Board took a proactive stance on that.

Chairman Henley stated he brought that up some time ago that with the building program they have, they should be able to set the example for the rest of the community to be able to come up with some efficiencies.

Commissioner Carey said solar is an easy thing to look at to become energy efficient. Some other things like green roofs and cisterns are very costly.

Commissioner Dallari asked Ms. Coto to have staff address this issue and report back to the Board to see what opportunities there are.

Ms. Coto stated staff will put together some information for the Board to review--what technology and materials are available and what the differences in costs are, as well as what the life cycle costs are in return.

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Commissioner McLean apologized that he was unable to attend the Highland Games, because he was officiating his daughter’s 14^th birthday party.

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Regarding the resignation of Helen Stairs, Commissioner McLean reported that the Board of the Helen Stairs Theatre is meeting tomorrow to discuss the next step of how they will work to make the public perceive this to be more of a community-type theatre. He will report back to the Board. He wished Mrs. Stairs the best and recognized there would not be a theatre without Mrs. Stairs’ efforts in 2000 and the help of the County.

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Motion by Commissioner McLean, seconded by Commissioner Dallari, to appoint Paul Hosko to the Disability Advisory Board for a two-year term ending January 1, 2009.

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

COUNTY MANAGER’S BRIEFING

Ms. Coto stated, regarding the request from the city of Winter Springs concerning flags on the walkway on the Cross Seminole Trail, that the Commissioners may have received a memo from David Martin, Engineering, indicating DOT has a problem with any flags because they may be a distraction and are a safety concern. DOT will give consideration to the American flag. She understands this information came verbally from DOT and if the Board chooses to have a formal response, they need to send an official request to DOT.

County Engineer, Jerry McCollum, addressed the Board to state DOT said they would consider the American flags but were not “red hot” about any other type of flags. For a formal answer, the County or City needs to write DOT Traffic Operations. Whereupon, Chairman Henley said he thinks it would be appropriate for the request to come from the County.

Commissioner Carey said if they are going to fly the American flag, they need to do it properly. If it is to be flown at night, it needs to be lit; and if it is not going to be lit, the Board probably needs to rethink all of that.

Ms. Coto said when staff brings this back to the Board, there are a number of items they need to consider with respect to if there is a lighting issue, how do they address that and what are the associated costs. If they decide not to light the flags, they must decide who will be responsible for taking them down and putting them up, etc. She wants to make sure, if they go forward, that they answer all the questions. She said she has had some discussions with the Mayor of Winter Springs that if this is done, it may be in a partnership with the City’s help in taking care of some of the responsibilities. They do need to get the answer first from DOT before going much further.

COUNTY ATTORNEY’S BRIEFING

Mr. McMillan reported that he located the ordinance on ATV’s and contacted the Sheriff’s Office and asked if they thought the County needed to adopt the ordinance. The response was that the Sheriff’s Office did not think the County needed to adopt the ordinance and the Sheriff is fine with enforcing the State statute as it currently stands.

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On the charter issue, Mr. McMillan said the County was served with the charter litigation last week. The case is one that will be of state-wide interest and will probably at some point result in the State Association becoming involved. He said it is as important as the rural boundary case, relating to the issues of municipal power versus the charter power, and the ability of the voters to deal with municipal issues in their charter. He said this case deals with the same issues relative to county officials and the ability of the voters to deal with the county constitutional officers in their charter. He said there is one other referendum in the State requiring the Board of County Commissioners to adopt an ethics code that applied to all the constitutional officers and included the School Board. That passed in Clay County. In talking to Clay County this morning, he said there are no challenges pending; and the Constitutional Officers and School Board appear willing to live within that provision of their charter.

Mr. McMillan said after the suit was filed, Mr. Allen Watts contacted him because he had been the charter counsel in Clay County and had spent the summer there working on that issue. Mr. Watts wanted to know what the legal frame work was for Seminole County’s case. Since the County had hired him to defend the rural boundary case, he asked if he would be interested in taking on this charter case and Mr. Watts indicated he would under the same terms and conditions of the other case. Mr. McMillan said he has had several conversations with the attorney for the Constitutional Officers and their pleadings are direct and to the point. He spoke with the attorney this morning and assured him the County was going to get straight to the issue and not play litigation games. He said he thinks this case can be resolved in a minimum amount of time. He said if the Board is interested, he would entertain a motion to undertake the defense of the County, and if the Board chooses, to authorize him to engage the services of Mr. Watts to assist.

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to authorize the County Attorney to defend in the charter case versus the Constitutional Officers and authorize the County Attorney to engage the services of Allen Watts to assist in the defense of that case under the same terms and conditions for the rural boundary case; Legal Services Agreement, as shown on page _______.

Upon inquiry by Commissioner Carey, Mr. McMillan clarified that Mr. Watts will probably do the legal memorandums and argue the case.

Chairman Henley said he has confidence the County’s own counsel could handle this and he doesn’t know that they need to go to the expense of hiring outside counsel.

Commissioner Van Der Weide said he thinks this would avoid future criticism down the road, especially with the checks and balances system.

Commissioner Carey said she thinks the fact the County Attorney is recommending the Board hire outside counsel speaks to the fact that he would be more comfortable with Mr. Watts leading the case. She asked for a dollar estimate. Whereupon, Mr. McMillan said this case, unless it gets beyond Circuit Court, should not come to the $24,000 amount for the rural boundary services. He said Mr. Watts estimated an amount under $20,000, assuming the case stays as has been described.

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

Commissioner Henley voted NAY.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:29 p.m., this same date.

ATTEST _____________________ Clerk ___________________Chairman

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