Mr. Suber expressed his thanks to the Board and said so many have been supportive of him and that is why he has been around as long as he has. He expressed appreciation for those who attended today. He said he considers all the Board members friends and have enjoyed working with the different Boards and in the office with his staff. He said there is less staff now than when he took over as Property Appraiser so he is very proud of them. He believes they have done an outstanding job and he accepted the Resolution on behalf of the staff.

Chairman Henley stated he appreciates the long service Mr. Suber rendered to Seminole County and he hopes he enjoys his retirement.

-------

Motion by Commissioner Carey, seconded by Commissioner Morris, to adopt appropriate Resolution #2004-R-215, as shown on page _______, honoring Jim T. Soutter, Jr. for his dedicated service to the United States Department of the Navy, Naval Reserves attached to the Naval Mobile Construction Battalion 14 (ASNR), on his return home to his family and friends.

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

Ms. Soutter thanked all his colleagues and friends for attending today and he thanked the Board for the presentation of the Resolution. He said for the last eight months he faced some of the toughest things ever in his life. He asked that everyone keep the men and women of the armed forces in prayer. He also asked for prayers for the families of those who lost their lives in the war. He expressed thanks for all the prayers and support for him.

Chairman Henley stated, on behalf of the Commission and citizens of this country, he wanted to thank Mr. Soutter for the sacrifice he made leaving his family. He said Mr. Soutter has reminded all that the price of liberty and freedom has always been high and continues to be a heavy toll. He appreciates that there are people like Mr. Soutter who are willing to stand in the gap in order that freedom can continue.

-------

Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2004-R-214, as shown on page _______, commending Lois Stabler for her successful career and significant contribution to the citizens of Seminole County upon her retirement.

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

Ms. Stabler expressed thanks for the Resolution and said she enjoyed working for all of the Board, especially Commissioner Van Der Weide, and the citizens of Seminole County. She said she will miss all the great friends she had over the years, but she intends to enjoy every minute of her life beyond Seminole County. She has learned from everyone, and that has been her biggest reward.

Commissioner Carey stated she thinks it is wonderful Ms. Stabler has the opportunity to retire and enjoy her life. She introduced her new Administrative Aide, Amy Lockhart.

-------

Chairman Henley moved from the regular order of the agenda to hear from Dr. Ann McGee at this time.

Dr. McGee addressed the Board to state Seminole Community College, through their construction and design students, are partnering with Habitat for Humanity to build a house. This will be the 59^th house built in the County, and it will be built in 15 weeks. She announced the groundbreaking will be January 10, 2005. She showed before and after pictures of the house to be built for the Thompson family. She said she hopes this is only the first house they will be building and that there will be many more following this. She thanked the Board for their support of Item #6 on the agenda for the Small Business Development Center that is helping businesses in Seminole County.

Chairman Henley and Commissioner Morris expressed thanks to Dr. McGee for the good work she does.

-------

Linda Chapin, Vice Chair, addressed the Board to make a presentation on MyRegion.org, giving an update on the region’s progress in implementing the regional agenda outlined in the Central Florida SourceBook: A New Regional Agenda (copy received and filed with MyRegion booklet and written comments). She introduced Board member colleagues with her, Randy Berridge and Margot Knight. Ms. Chapin advised that the Education Summit has been rescheduled for February, 2005.

Randy Berridge addressed the Board to review economic development progress.

Margot Knight addressed the Board to review the arts and culture progress.

Ms. Chapin expressed thanks to the Board and said there is a great deal going on and a lot of initiatives are underway. She said they will come back in a few months with a final plan to present to the Board.

Commissioner Morris recognized Ms. Chapin as one of the strongest regionalists he has known, and he thanked her for the role she has taken in MyRegion.

COUNTY MANAGER’S Consent Agenda

Chairman Henley advised that Item #39, Approve and Award Bid #2001-04/GMG, has been pulled from the agenda. A request for continuance has been received for Item #90, Rezone/Hugh Harling. He said if the Board has no objections, he will direct staff to notify the concerned citizens of the continuance. Mr. Grace said he understands the applicant could not attend the public hearing.

Commissioner Morris suggested hearing the item and if there is a problem, the Board can continue the hearing.

Chairman Henley further advised a request to continue until the first meeting in January, 2005, has been received for Item #95, Small Scale Land Use Amendment/Thomas Daly.

Mr. Grace further advised that staff has received a letter from the applicant for Item #99, Appeal of the Board of Adjustment/Bob Chopra/Wireless Facilities/Cingular Wireless, LLC, requesting a continuance until the second meeting in January, 2005.

Mr. Grace made minor corrections to the agenda, advising the add-on item should be designated as #48A. He corrected the agenda backup for Item #47, Resolution updating Fines & Fees for the Department of Library & Leisure Services, to change the fees from $20.00 to $25.00 for Rookie Tournaments. This correction will be made to the Resolution.

Chairman Henley said the Board should have already received a revision to Item #13, BCR #04-56, for $534,093.

Upon inquiry by Commissioner Van Der Weide regarding Items #16, BCR #05-007 for $1,330,000; and #22, Award CC-1249-04/AJR, for East Lake Brantley Drive improvements, County Engineer Jerry McCollum addressed the Board to advise that plans are for the contractor to begin in January, 2005, assuming these items are approved today.

Mr. McCollum responded to Commissioner Van Der Weide’s further inquiry on what has changed regarding Item #72, CSX Transportation, Inc. Property. He explained that CSX had been concerned about any environmental contamination and wanted to be exempt from that. He said they are exempt from that in this agreement.

Commissioner Dallari referred to Item #9, Agreement with the St. Johns River Water Management District for participation in the abandoned Artesian Well Plugging Program, and asked if it is possible to get more progressive with this program.

Mr. Grace answered that the wells are being capped as the County finds out about them.

Commissioner Dallari said he was thinking of putting something on SGTV to inform the public. He asked Mr. Grace to give him an update on that.

Gary Rudolph, Utilities Manager, addressed the Board to state the County staff has identified 20 wells and they are looking at three additional ones at this time. They will get them all capped. He said the agreement with St. Johns is for three years and it is in the agreement that they can go back to the District to request additional funds.

Commissioner Dallari referred to Item #11, Resolution to ratify issuance by the Orange County Housing Finance Authority of multi-family mortgage revenue bonds, and asked if the property has zoning.

Lisa Spriggs, Fiscal Services Director, introduced W. D. Morris, Executive Director of the Orange County Housing Finance Authority, to answer the question.

Mr. Morris addressed the Board to state the zoning is already approved and it is part of the application process.

Commissioner Dallari asked if information like that could be included in the packets in the future.

Commissioner Morris commented regarding Item #44, Amendment to the Interlocal Agreement with the East Central Florida Regional Planning Council relative to the installation and maintenance responsibilities for the Central Florida Geographic Information System, that this is something that is on the leading edge nationally. He said this is one item he would like to continue following and he thinks the Board needs to be updated on GIS in January. There has been a lot of progress made and there is more that needs to be done. He said the Board members need to be made aware of what services are available.

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

Economic Development

6. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Seminole Community College (SCC) to disburse payment to SCC in the amount of $100,000 for services provided through the Small Business Development Center and the Seminole Technology Business Incubation Center located at the Port of Sanford.

Environmental Services

Business Office

7. Approve and authorize Chairman to execute the Reclaimed Water Agreement, as shown on page _______, between Seminole County and Olympia Development Group, Inc. to install a 12-inch reclaimed water main to facilitate future expansion of the County’s reclaimed water system infrastructure to serve customers along McCulloch Road and Lockwood Blvd.

8. Approve Utility Easement, as shown on page _______, from Olympia Development Group, Inc. to Seminole County for the Lockwood/McCulloch Retail Phase II project.

9. Approve and authorize Chairman to execute Agreement, as shown on page _______, with the St. Johns River Water Management District (SJRWMD) and Seminole County for participation in the abandoned Artesian Well Plugging Program.

10. Approve and authorize J. Dennis Westrick, P.E. to execute the St. Johns River Water Management District’s (SJRWMD) Alternative Water Supply Construction Cost Sharing Grant.

Fiscal Services

Administration

11. Adopt appropriate Resolution #2004-R-217, as shown on page _______, to ratify issuance by the Orange County Housing Finance Authority of multi-family mortgage revenue bonds for the proposed multi-family development Oviedo Town Center, Phase I and Resolution #2004-R-241, as shown on page _______, for Phase II in Seminole County.

12. Approve and authorize Chairman to execute the Disaster Relief Funding Agreement, as shown on page _______, for Federal and State assistance for Hurricane Frances (FEMA-1545-DR-FL) and Hurricane Jeanne (FEMA-1561-DR-FL) with the State of Florida Department of Community Affairs.

Budget

13. BCR #04-56 – $534,093 – Various Departments – Fund: Various Funds. FY 2003/04 year-end cleanup of accounts. All deficiencies are covered by available funds within the departments’ budgetary accounts.

14. BCR #05-005 – $614,571 – Various Departments – Fund: Various Funds. Various transfers within funds to correct budget deficiencies. All deficiencies are covered by available funds within the departments’ budgetary accounts.

15. BCR #05-006 – $668,708 – Public Works – Engineering – Fund: 11541 – 2001 Sales Tax Fund. Additional funds are needed for the construction of the E. E. Williamson Pedestrian Bridge as well as the McCulloch Rd. and Balmy Beach Dr. sidewalk projects. The bid for the E. E. Williamson project came in higher than anticipated due to increased material costs (steel & concrete) and FDOT’s maintenance of traffic requirements for I-4.

16. BCR #05-007 – $1,330,000 – Public Works – Engineering – Fund: 11541 – 2001 Sales Tax Fund. A transfer is needed to consolidate project funding and to provide additional construction monies for the budgeted East Lake Brantley road improvement. Bids received are higher than expected due to recent cost increases impacting diesel fuel and concrete.

17. Adopt appropriate Budget Amendment Resolution #2004-R-218, as shown on page _______, (#05-08), $42,500 – Planning & Development: 00103 – Natural Lands Endowment Fund. Seminole County has entered into an intergovernmental agreement with the St. Johns River Water Management District, approved by the Seminole County BCC on May 11, 2004, to accomplish mitigation work at the County’s Electrical Worker’s Site (Natural Lands).

18. Adopt appropriate Budget Amendment Resolution #2004-R-219, as shown on page _______, (#05-11), $90,000 – Planning & Development: 00103 – Natural Lands Endowment Fund. This budget change is necessary to move funds from Contingency for the restoration of habitat damaged from flooding caused by the installation of east McCulloch Rd. The plan for this was presented and approved by the Board on February 10, 2004.

19. Adopt appropriate Budget Amendment Resolution #2004-R-243, as shown on page _______, (#05-14), $35,000 – Community Services: 00100 – Seminole County Hurricane Relief Fund. On September 14, 2004 the Board authorized the Chairman to sign a Budget Amendment to account for Seminole County being awarded $50,000 in Hurricane Charley Disaster Relief Funds from the Volunteer Florida Foundation, Inc.

MSBU

20. Authorize scheduling and advertising Public Hearing for consideration of adopting an Ordinance to create Oak Park/Belle Meade Wall Reconstruction MSBU on January 11, 2005 at 1:30 P.M., to be advertised on December 22 and 29, 2004.

Purchas ing

21. Award CC-1246-04/TLR, as shown on page _______, E.E. Williamson Pedestrian Bridge, to American Bridge, Orlando ($862,585.47).

22. Award CC-1249-04/AJR, as shown on page _______, East Lake Brantley Drive Improvements – SR 434 to Wekiva Springs Road to Southland Construction Inc., Apopka ($1,872,880.38).

23. Award CC-1251-04/TLR, as shown on page _______, Kewannee Trail to Central Florida Environmental Corp. Longwood ($769,787.30).

24. Approve Change Order #1, as shown on page _______, to CC-1238-04/AJR – Seminole County Firefighter Training Facility Re-Roofing Construction Project with the Roofing Connection, Inc. of Orlando, FL. ($197,334.00) (60 days).

25. Approve Change Order #1, as shown on page _______, to CC-1234-04/TLR – Markham Road Widening from Markham Woods Road to Longwood Markham Road with Florida Highway Products, Inc., Bartow, FL ($71,801.70).

26. Approve Amendment #1, as shown on page _______, to Work Order #58 under FC-1139-00/BJC – Public Works Minor Project Construction Cost less than $500,000.00, with CFE Corporation, Longwood, FL ($76,806.14).

27. Accept and authorize Chairman to execute the Certificate, as shown on page _______, of Final Completion for CC-1206-03/BJC, Landfill Gas Management Project 2003 System Expansion.

28. Accept and authorize Chairman to execute the Certificate, as shown on page _______, of Final Completion for CC-1223-03/TLC, Repair Central Transfer Station Anvil Top Tipping Floor with Intron Technologies, Inc., Jacksonville, FL.

29. Approve Ranking List; Authorize Negotiations, and Award PS-5167-04/AJR, as shown on page _______, Master Agreement for Professional Services for CEI Services for Lake Drive Phase 1 & 2 to Keith and Schnars, P.A. of Altamonte Springs.

30. Approve Amendment #2, 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, FL ($15,999.00).

31. Approve Amendment #9, as shown on page _______, to PS-549-00/BJC – A&E Services Agreement for the Seminole County New Criminal Justice Center and Renovation of Existing Courthouse, to HKS Architects, Inc. of Orlando, FL (Time Extension).

32. Approve Amendment #1, as shown on page _______, for PS-5120-02/BJC – Master Agreement for General Engineering Consultant Services to support Seminole County Public Works Department, with PBS&J, Inc., Orlando, FL (Not-to-Exceed $975,000.00 per year).

33. Approve Work Order #17, as shown on page _______, under PS-5150-03/AJP – General Environmental Services with ESciences, Inc., Orlando ($90,000.00).

34. Award RFP-4226-04/AJR, as shown on page ______, Budget Software for Seminole County Government to Sarasota County Government of Sarasota, FL ($293,200.00).

35. Award RFP-4229-04/GMG, as shown on page _______, Mobile Unit Concession Operations Agreement for Seminole County Red Bug Lake Park, to Timothy and Pamela Grubbs, Apopka, FL (11% commissions of gross receipts).

36. Award RFP-4230-04/GMG, as shown on page _______, Mobile Unit Concession Operations Agreement for Seminole County Sylvan Lake Park, to Timothy and Pamela Grubbs, Apopka, FL (11% commissions of gross receipts).

37. Approve Amendment #2, as shown on page _______, to RFP-4174-02/GMG – Approve Change of Scope of Services and Modify Compensation Clause for Trails Ground Maintenance Service Term Contract Agreement, to Vila & Son’s Landscaping, Winter Garden ($19,475.00).

38. Approve Amendment #3, as shown on page _______, to RFP-4164-02/GG – Modify Compensation Clause for Pest Control Services, to McCall Service, Inc. of Orlando, FL (Term Contract).

39. Pulled from the agenda the request to approve and award Bid #2001-04/GMG, Sale of County Owned Surplus Property – Office Building and Lot located at 997 East SR 436, Altamonte Springs to Arnold P. Stein, Maitland, FL ($67,464.00).

40. Approve Amendment #2, as shown on page _______, to AB-3035-01/GG – Modify Compensation Clause for Roadway Landscape and Mowing Maintenance Agreement, to Ameriscapes Landscape, Inc. of Orlando, FL (Term Contract).

41. Approve Amendment #2, as shown on page _______, to IFB-3049-02/GMG – Modify Compensation Clause for Roadway Markings and Striping Services Agreement, to Fausnight Stripe & Line, Inc., Longwood, FL (Term Contract).

42. Approve Amendment #6, as shown on page _______, to M-168-00/BJC – Child Protection Team Services with Child Protection Team, Orlando Regional Healthcare System, Orlando, FL ($46,500.00 per year, 10 Year Term).

43. Approve Procurement M-462-04/DRS and authorize the issuance of a Miscellaneous Agreement, as shown on page _______, for Emergency Engineering Services for the Orange Boulevard Bridge at Lockhart-Smith Canal, to CDM, Inc. of Maitland, FL (Estimated Cost: $119,618.00).

43A. Approve Amendment #4, as shown on page _______, to PS-563-00/BJC – Construction Manager at Risk of the Seminole County Criminal Justice Center, with The Haskell Company, Jacksonville (Reduction of Retainage).

Information Technologies

Information Services

44. Approve and authorize Chairman to execute Amendment, as shown on page _______, to the Interlocal Agreement with the East Central Florida Regional Planning Council relative to the installation and maintenance responsibilities for the Central Florida Geographic Information System.

Library & Leisure Services

45. Approve and authorize Chairman to execute Agreement, as shown on page _______, with the Museum of Florida History for use of three traveling exhibits as part of the Museum expansion program at the Museum of Seminole County History.

46. Approve and authorize Chairman to execute a Lease Agreement, as shown on page _______, with the Seminole Historical Society for space to operate a gift store at the Museum of Seminole County History.

47. Adopt appropriate Resolution #2004-R-220, as amended, as shown on page _______, updating Fines & Fees Resolution for the Department of Library & Leisure Services.

Planning & Development

Community Resources

48. Approve and authorize Chairman to execute Amendment, as shown on page _______, to the Seminole County and City of Longwood HUD/CDBG Subrecipient Agreement Program Year 2003-2004 after execution of Amendment by the City of Longwood.

48A. (Add-on) Adopt appropriate Resolution #2004-R-221, as shown on page _______, to reestablish the Disability Advisory Council through December 31, 2006.

Development Review

49. Approve release of Performance Bond #8188-34-96 in the amount of $2,262,104.17 (Federal Insurance Company) for the construction and completion of subdivision improvements for Dunwoody Commons Phase 1 Townhomes (Pulte Homes Corporation).

50. Approve release of Performance Bond #SU 5005243 in the amount of $124,000.00 (Arch Insurance Company) and Performance Bond #SU 5005242 in the amount of $179,000.00 (Arch Insurance Company) for the construction and completion of subdivision improvements for Madison Place Townhomes and Madison Creek Subdivision (Centex Homes).

51. Approve and authorize Chairman to execute Final Plat for The Sanctuary at Lake Ann, for eight single family lots located on the north side of Howell Branch Road approximately 500 feet east of the intersection of Howell Branch Road and Lake Ann Lane (Robert Goll).

52. Approve and authorize Chairman to execute Minor Plat for Forest Lake Commercial Minor Plat located on the NW corner of SR 436 and West Lake Brantley Rd. (Zev Cohen & Associates).

53. Approve and authorize Chairman to execute Final Plat for Aloma Square containing six commercial lots zoned PUD on an 8.2 acre parcel within the Aloma Square Planned Unit Development located on the east side of SR 426 (Aloma Avenue) and north of Dean Road and south of Aloma Woods Boulevard (Clayton Investments, Ltd. and Clayton Investments II).

Public Works

54. Approve reappointment of 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

55. Adopt appropriate Resolution #2004-R-222, as shown on page _______, accepting 12 Quit Claim Deeds, as shown on page _______, acquiring right-of-way not currently owned by Seminole County for roadway improvements to Murphy Street, as follows: Erol and Olive Pommells; Michael J. and Roberta A. Sutter; Timothy R. and Marcia M. Boehm; Stacey L. Dolloff and Gunnar Beccacece; Robert J. and Sandra L. Strembicki; Christopher and Paula R. Warren; David W. and Elizabeth Coleman; Gary M. and Lydia Pyecha; Roy D. and Linda J. Turner; Wilfredo and Janet Brito; Joaquim D. Luiz; and Edmond J. and Patricia A. Charpentier.

56. Adopt appropriate Resolution #2004-R-223, as shown on page _______, accepting eight Sidewalk and Utility Easements, as shown on page _______, for the construction of a sidewalk along a portion of North Street as follows: Jack and Barbara H. Gurr; Catheryn V. Sallee f/k/a Catheryn V. Atwill and Tim Sallee; John H. and Afien J. Casey; Roger D. and Heili Arancibia; Patrick J. and Stephanie L. Morehouse; John C. Secreti; and Daniel W. Rood and Sherry L. Markey.

57. Approve and authorize Chairman to execute the Final Emergency Relief Program Agreement, as shown on page _______, to facilitate reimbursement to Seminole County for the repair of County roads on the Federal Aid System for damage from Hurricanes Charley, Frances and Jeanne.

58. Approve and authorize Chairman to execute the Interlocal Utility Construction Agreement, as shown on page _______, with Casselberry for utility construction of the City’s water, sanitary sewer and reclaimed water lines on Lake Drive, Phases I and II, between Seminole Boulevard and Tuskawilla Road.

59. Approve and authorize Chairman to execute Agreement, as shown on page _______, with the City of Winter Springs for Jurisdictional Transfer of a County roadway (Orange Avenue) along with a County Deed for the conveyance of the adjacent drainage easements (Outfall Canal to Lake Jesup).

Road Operations/Stormwater

60. Approve and authorize Chairman to execute Amendment No. 1, as shown on page _, to the Agreement between the U.S. Department of Agriculture/Natural Resources Conservation Service and Seminole County for projects associated with Hurricanes Charley and Agreement #69-4209-5-1635, as shown on page _, between the United States Department of Agriculture/Natural Resources Conservation Service and Seminole County for projects associated with Hurricane Frances.

61. Approve and authorize Chairman to execute Work Order #8, as shown on page _______, Agreement between Seminole County and the University of South Florida for work on the Seminole County Watershed Atlas Project.

62. Approve and authorize Chairman to execute the Permanent Drainage Easement and Temporary Construction Easement Agreements, as shown on page _______, from Seminole County’s Victim’s Rights Coalition, Inc., to Seminole County for County Road 15/Elder Creek Regional Stormwater Facility Project.

63. Approve and authorize Chairman to execute Agreement, as shown on page _______, between the Florida Department of Environmental Protection and Seminole County for the Club II Borrow Pit Stormwater Retrofit Project Infrastructure Improvements.

Tourism Development

64. Approve and authorize Chairman to execute Grand Nationals Championship Agreement, as shown on page _______, between Seminole County and the Paralyzed Veterans of America for the Bass Tour in the amount of $15,000.

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

County Attorney’s Consent Agenda

Chairman Henley advised that the Board has a request to speak from John Casselberry regarding one of the agenda items; however, this is not a public hearing. He said after reading Mr. Casselberry’s written comments (not received and filed), he thinks this is an issue between Mr. Casselberry and the company and not the Board of County Commissioners. Mr. Casselberry’s comments are available for the Board’s review.

Mr. McMillan advised Commissioner Morris that the last OT hearing for Lake Drive is scheduled for January 6, 2005. Once those OT’s are granted, the County will have bought titles to all the property. They are, however, still in litigation for Lake Drive.

Commissioner Morris said it will be helpful if Mr. McMillan would brief the new Commissioners on the Lake Drive issue so they know the Board’s position and where it is not appropriate to have discussions.

Mr. McCollum reported that the County should have the permit in January and about that time (or the first of February), the County will be looking to let out for bid on Lake Drive.

Commissioner Van Der Weide left the meeting at this time.

Upon inquiry by Commissioner Dallari, Mr. McCollum stated he will make sure he receives the monthly update schedule on projects provided by staff.

Upon further inquiry by Commissioner Dallari on the use of date charts on the progress of projects, Mr. McCollum said staff uses Microsoft Project and that gives a complete look at the schedule.

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

Litigation

65. Approve proposed settlement relating to Parcel Numbers 117/717 of the Lake Drive road improvement project, Viles property located at 4726 East Lake Drive, Winter Springs, in the amount of $68,600.00, inclusive of land value, severance damage, statutory interest and attorney’s fees and costs.

66. Approve proposed settlement relating to Parcel Number 134 of the Lake Drive road improvement project, Hindu Temple Society of Central Florida and Chinmaya Mission of Orlando property located on the southeast corner of Lake Drive and Florida Road, in the amount of $62,500.00, inclusive of land value, improvements, severance damage, statutory interest and attorney’s fees and costs.

67. Approve proposed settlement relating to Parcel Number 1740 of the Lake Drive road improvement project, Valerie Blanchard property located at 2013 Lake Drive, Casselberry, in the amount of $13,500.00, inclusive of all fees and costs.

68. Approve proposed settlement relating to Parcel Numbers 157 A, B and C (vacant lots) of the Lake Drive road improvement project, Casselberry Investment Properties, Ltd., in the amount of $321,000.00 plus conveyance by County Deed of two strips of property containing approximately 30,522 square feet and 38,322 square feet, respectively, while retaining a temporary construction easement over the first and a permanent drainage easement over the second. The settlement is inclusive of all land value, severance damage and attorney’s fees and costs.

69. Approve proposed settlement relating to Parcel Numbers 122/722 of the Lake Drive road improvement project, Donald F. and Pamela A. Wright property located at 4450 East Lake Drive, Winter Springs, in the amount of $82,000.00, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs.

70. Approve mediated settlement relating to Parcel Number 103 of the East Lake Mary Boulevard, Segment I road improvement project, Silver Lake Realty Company property located at 1770 East Lake Mary Boulevard, in the amount of $253,858.08 for attorney fees for non-monetary benefits, apportionment and costs.

71. Approve settlement package including both lawsuits for Kring v. Seminole County and Khoshnou v. Seminole County relating to the Markham Woods Road road improvement project. Settlement terms include payment of $275,000, relocation of a drainage pipe, installation of a new drainage system and purchase of a lot south of the Plaintiff’s properties (Option Contract, Thu Tran; and Memorandum of Settlement Agreement, as shown on page _______.)

Property Acquisition

72. Approve and execute revised Purchase Agreement, as shown on page _______, to acquire property from CSX Transportation, Inc. The BCC approved the original Purchase Agreement on July 27, 2004.

Districts 1, 2, 3 and 5 voted AYE.

-------

Mr. McMillan reported on the litigation regarding the Charter Amendment. He said the Court ruled in favor of the County on all substantive issues dealing with City/County authority, that the County has the authority to preempt City land use in the rural area or anywhere in the County. The Court also determined that the Charter Amendment preempted the citizens’ rights to initiate ordinances by the initiative process spelled out in the Charter and because the County did not tell the public the Charter Amendment did that, the Charter Amendment was invalid because it was misleading. He said since the Board nor the County had at no time intended to preempt the citizens’ rights, it would have been difficult to tell the public that’s what they were doing.

Commissioner Van Der Weide returned to the meeting at this time, and Commissioner Carey left the meeting at this time.

Mr. McMillan stated the Charter itself provides when the citizens can utilize the initiative process. In staff’s opinion, the citizens’ rights are as they were before the Charter Amendment. He requested authority to appeal this ruling to the 5^th District Court of Appeals.

Commissioner Morris suggested bringing in appropriate constitutional counsel to assist the County Attorney on this matter.

Motion by Commissioner Morris, seconded by Commissioner Dallari, to approve hiring outside counsel to assist the County Attorney in the appeal to the 5^th District Court of Appeals.

Commissioner Carey reentered the meeting at this time.

Under discussion, Commissioner Morris stated this would be counsel that has worked extensively with cities and counties on items that deal with constitutional authority and charter authority. He said this issue is not something that the County’s legal team typically deals with.

Mr. McMillan explained that the initial work on the appeals will be done by January 6. His office would consult and work as a team with the outside counsel. He said this is an appeal and not a trial and would be a fairly low hourly involvement.

Commissioner Dallari said to make sure whoever is selected is only being used in an advisory capacity.

Commissioner Van Der Weide stated he agrees with Commissioner Morris that the Board doesn’t have a choice. The citizens have spoken and to put on anything other than a full court press would be a mistake. He said he would support a constitutional lawyer to assist the County Attorney.

Upon inquiry by Commissioner Carey, Mr. McMillan said he estimates the cost to be less than $50,000 and it shouldn’t be any more than that. He said money would have to be transferred when they hire the outside counsel.

Chairman Henley stated he has received a number of phone calls urging the Board to take such action.

Districts 1, 2, 3, 4 and 5 voted AYE to approve the appeal and hire outside counsel at the estimated cost not more than $50,000.

Upon inquiry by Commissioner Morris, Mr. McMillan explained that once the appeal is filed, the Charter Amendment is in effect.

Commissioner Carey stated she is supporting the motion because she thinks the people did speak and it is the Board’s responsibility to take it all the way to the Supreme Court and have the matter voted up or down. She thinks they need to work with the cities and protect the rural area. She believes this matter has damaged the County’s relationship with the cities and they need to focus on that relationship in the upcoming year. Hopefully, this action won’t make that harder to do.

Mr. Grace suggested the Board authorize the Chairman to sign the Budget Change if it is necessary to move monies that might be needed for the special counsel.

Motion by Commissioner Morris, seconded by Commissioner Cary, to authorize the transfer of funds not to exceed $50,000 to cover the cost to hire special counsel; BCR #05-09 received and filed.

Upon inquiry by Commissioner Dallari, Mr. Grace advised the monies would come from the General Fund Contingency so it would not affect any other projects.

Mr. McMillan said having the Charter Amendment in place does not negate the County’s ability to work on joint planning agreements.

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

Constitutional Officers Consent Agenda

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

Cler k’s Office

73. Expenditure Approval Lists, as shown on page _______, dated November 1, 8, 15, 22 & 29, 2004; and Payroll Approval Lists, as shown on page _______, dated October 21 and November 4, 2004

74. Chairman to execute the following Satisfactions of Judgment/Court Costs:

Altaf Mansooral Hemani, #02-4191-CFA - $158

Willie Mae Joe, #01-3858-CFA - $328

Felicia T. Young, #02-4464-CFA - $328

Jerry Hannah, #02-4375-CFA - $680

Johnathan Mercado, #02-2108-CFA - $368 Court Costs and Application of Indigency Fee

75. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:

Emory Emerson Griffin and Lexington National Ins. Co., #01-1079MMA - $555

Diana Gudrun Peterson and Roche Surety & Casualty Co., Inc., #01-7327MMA - $4,038

Diana Gudrun Peterson and Roche Surety & Casualty Co., Inc., #01-13509MMA - $4,038

76. BCC Minutes dated October 26, and November 9 & 23, 2004.

77. Note, for information only, the following Clerk’s “received and filed”:

1. Term Contract, RFP-4222-04, as shown on page _______, with Pride Enterprises.

2. Basic Contract #M-464-04, as shown on page _______, Mudiak Engineering and Construction.

3. Amendment #1, as shown on page _______, to Work Order #46, PS-556-00, DCR Engineering Services, Inc.

4. Work Order #11, as shown on page _______, to CC-1203-03, Angel-Brite, Inc.

5. Work Order #5, as shown on page _______, to RFP-4214-04, Site Secure, Inc.

6. Amendment #1, as shown on page _______, to Work Order #14, PS-5120-02, PBS&J.

7. Work Order #12, as shown on page _______, to PS-5150-03, EMS Scientists, Engineers, Planners, Inc.

8. Work Order #52, as shown on page _______, to PS-556-00, DCR Engineering Services, Inc.

9. Change Order #2, as shown on page _______, to CC-1200-02, Schuller Contractors Inc.

10. Development Orders, as shown on page _______, as follows: Scott M. Kelley, Pine Lake Drive; Todd Hartley, East Tuskawilla Point; James Dodd, Knoll Street; Exclusive Homes Inc., East Orange Street; Black Hammock Tree Farm, Orange Street; and Lashinsky, Sprint Wireless Communication Tower.

11. Letter from Casselberry City Clerk Thelma McPherson regarding Ordinance 04-1149, Annexation of Bruster’s Ice Cream property.

12. Change Orders #1, as shown on page _______, to Work Orders #5, #6, #7, #8, and #9 for CC-1220-03, Southern Electric Supply Co., Inc., dba Rexel Mader Motor & Control.

13. Change Orders #2, as shown on page _______, to Work Orders #7 and #8 for CC-1220-03, Southern Electric Supply Co., Inc. dba Rexel Mader Motor & Control.

14. Letter of acceptance of water and sewer systems and Bill of Sale, as shown on page _______, for Buckingham Estates, Phase 2, C & G Real Estate Group, Inc.

15. Grant Award Agreement, as shown on page _______, with Florida Communities Trust dated October 7, 2004 for the Jetta Point property.

16. Re-recorded Quit Claim Deed, as shown on page _______, granted by Michael J. and Wanda L. Harris, per Resolution #2004-R-158 adopted Sept. 14, 2004.

17. Order from the Public Service Commission regarding Docket No. 040216-GU, rate increase of Florida Public Utilities Company.

18. Work Order #6, as shown on page _______, to PS-5135-02, GMB Engineering & Planners, Inc.

19. Amendment #1, as shown on page _______, to Work Order #5, CC-1215-03, Gibbs & Register, Inc.

20. Amendment #1, as shown on page _______, to Work Order #3, PS-5143-03, PEC, Inc.

21. Work Order #9, as shown on page _______, to RFP-489-00, Diversified Property Specialist.

22. Work Order #4, as shown on page _______, to PS-5152, Boyle Engineering Corporation.

23. Work Order #16, as shown on page _______, to CC-1222-03, Schuller Contractors, Inc.

24. Fourth Amendment, as shown on page _______, to RFP-4201-03, Thomas W. Ruff & Co.

25. Development Orders, as shown on page _______, as follows: Josue Llanos, Peace Valley Way; Cameron Grove Homeowners Assoc., Cameron Grove Subdivision; James & Barbara Maher, Winderness Drive; Johnny Bisbee, North CR 426; Sheila Tupper, Crossroads Place; Chris Johnson, Kennedy Point; Jim and Michelle Loisel, Grand Cypress Point; Brian & Karen Ballew, Carillon Park Drive; Mark & Robin Ogier, Grand Cypress Point; and John Colbert, Wekiva Park Drive.

26. Memorandum to Jerry McCollum, County Engineer, from Henry Brown, Assistant County Attorney, regarding Direct Pay Request for the East Lake Mary Boulevard Phase IIB project.

27. Home Ownership Assistance Program Mortgage Deeds, as shown on page _______, for the following: Phyllis Hall; Rita Goldberg; Ronald & Barbara Browne; Ruben & Bernice Burch; Juanita Collins; Patricia Holiday; Flossie M. Ward; Frances Richardson; Milica Marinkovic; Jose & Isabel Charon; Vinnie Aikens; Reuvenia Burch; Eulace P. Carter; Edna Gordon; Janice Jones; Jacqueline Miller; and Willie & Catherine Warren.

28. Satisfaction, as shown on page _______, of Connection Fees for the project known as Markham Oaks West.

29. Customer Agreement, as shown on page _______, for Reclaimed Water Rates, and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with the Heathrow International Center Owners Association.

30. Assignment, as shown on page _______, of the Conditional Utility Agreements for Water and Sewer Service with Greater Construction Corp.

31. Utility Agreements, as shown on page _______, for Water and Sewer Service with Wedge Brooke Heathrock LLC.

32. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Big Ten Tire Stores, Inc.

33. Agreement, as shown on page _______, with the U. S. Geological Survey for the installation of two continuous flow data recorders, per approval by the BCC on September 25, 2001.

34. First Amendment, as shown on page _______, to IFB-3087-04, Naztec, Inc.

35. Work Order #2, as shown on page _______, to PS-5138-03, PBS&J.

36. Amendment #1, as shown on page _______, to Work Order #6, PS-5150-03, Water & Air Research, Inc.

37. Memorandum to the BCC from Kevin Grace, County Manager, regarding Capital Project Fund Transfer in the amount of $1,489,995 for the Lake Drive project.

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

39. Letter to Maryanne Morse, Clerk, from Andrea Lorenzo-Luaces, Winter Springs City Clerk, regarding Annexation Ordinances #2004-39 and #2004-48.

40. Change Order #1, as shown on page _______, to CC-1222-03, JCB Construction, Inc.

41. Amendment #1, as shown on page _______, to Work Order #3, PS-5144-03, PBS&J.

42. Basic Contracts M-457-04 and M-458-04, as shown on page _______, Camp Dresser & McKee, Inc.

43. Change Order #2, as shown on page _______, to CC-1228-04, Wharton-Smith, Inc.

44. Performance Bond, as shown on page _______, in the amount of $2,220,767 for McCullough Road/Hawthorne Glen.

45. Letter of Credit and Performance and Payment Agreement, as shown on page _______, for Roads in the amount of $167,853 for Talman Mews.

46. Letter of Credit and Performance and Payment Agreement, as shown on page _______, for Water & Sewer in the amount of $32,670 for Talman Mews.

47. Private Road Cash Maintenance Bond, as shown on page _______, in the amount of $24,306.42 for Buckingham Estates, Phase 2.

48. Title Opinion, as shown on page _______, for the Lyle Brown Plat.

49. Memorandum to Sandy McCann, Commission Records, from Jean Abi-Aoun, Planning & Development, regarding outstanding documents.

50. Eighth Amendment, as shown on page _______, to PS-549-00, HKS Architects, Inc.

51. Change Order #1, as shown on page _______, to Work Order #13 for CC-1222, Flagler North Trail & Trailhead.

52. Title Opinion, as shown on page _______, for Hawthorn Glen Subdivision.

53. Work Order #3, as shown on page _______, to M-401-03, De La Parte & Gilbert.

54. Work Order #19, as shown on page _______, to PS-5120-02, PBS&J.

55. Work Order #26, as shown on page _______, to PS-574-01, The Colinas Group.

56. Work Order #6, as shown on page _______, to PS-5144-03, WCG/Neel-Schaffer, Inc.

57. Work Order #7, as shown on page _______, to PS-597-01, Land Design Innovations.

58. Work Orders #14 and #15, as shown on page _______, to PS-5150-03, Water & Air Research, Inc.

59. Work Orders #1 and #2, as shown on page _______, to PS-5165-04, PEC, Inc.

60. Work Orders #53, #54 and #55, as shown on page _______, to PS-556-00, DCR Engineering Services, Inc.

61. Conservation Easement, as shown on page _______, granted by John D. Zern.

62. Special Warranty Deed, as shown on page _______, granted by Hewitt Olson Asset Recovery Group, II, Inc., per settlement approved on July 13, 2004.

63. Assignment, as shown on page _______, of Conditional Utility Agreements for Water and Sewer Service between Suncor of Lake Mary, Ltd. and Inland Southeast Property Management Corp.

64. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Pulte Homes.

65. Customer Agreements, as shown on page _______, for Reclaimed Water Rates, and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Wedgebrooke Heathrock LLC and Wachovia Bank, National Assoc.

66. Letter of acceptance and Bill of Sale, as shown on page _______, for the water and sewer systems within the project known as Dunwoody Commons Ph. 2.

67. Development Orders, as shown on page _______, as follows: John D. Zern, Chuluota Veterinary Hospital; Vimal Desai, Zureiq Point; Darrell & Julie Rudd, Poinsetta Drive; Diane Terrano, Snow Goose Lane; Pamela & Melvin Olson, Wilson Road; Tim & Lisa Terrell, Stone Street; Earl & Solange Riscell, Sand Pine Place; and Charles Brucks, Jr., E. 8^th Street.

68. Amendment #1, as shown on page _______, to Work Order #5, PS-5144-03, CPH Engineers, Inc.

69. Work Order #1, as shown on page _______, to PS-5159-04, CPH Engineers, Inc.

70. Fifth Amendment, as shown on page _______, to M-168-00, Child Protection Team, Orlando Regional Healthcare System.

71. Basic Contract M-446-04, as shown on page _______, PBS&J.

72. Bids as follows: IFB-3096-04; PS-5171-04; #2004-04; CC-1249-04; RFP-4229-04; RFP-4230-04; CC-1243-04; RFP-4233-04; RFP-4234-04; and RFP-4232-04.

Sheriff’s Office

78. Approve and authorize Sheriff’s office to utilize $16,750 in Law Enforcement Trust Funds for the following: (1) $16,000 to the “Take Stock in Children” Mentoring and Scholarship Program administered by The Foundation for Seminole County Public Schools, Inc., and (2) $750 to Seminole County Community College on behalf of one Seminole Community College Student.

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

Legislative Update

Deputy County Attorney Steve Lee addressed the Board to report on the Juvenile Justice funding issue, stating that yesterday bills were filed in the House and Senate to predispose fees on costs against the counties. The bill also appropriated $65 million to fund operations until July 1, 2005, and provides for the process of Constitutional prohibition against unfounded mandates that this statute is a criminal law. Mr. Lee said it appears the legislators don’t have the 2/3 vote they need in order to pass this bill so this is the fix they have chosen, and it is also apparent this is designed to avoid the necessity of appealing the judges’ ruling in cases if he uphold the counties’ positions. He said he spoke with Mr. Brantley this morning and the word is that this is a done deal and it is going to pass. He doesn’t know at this point what the Florida Association of Counties (FACo) is going to do. He thinks personally that if they leave this unchallenged it is a mistake, and he suspects that FACo will feel the same way.

Mr. Grace said this is about a $2 million impact annually just for Seminole County alone. He said everyone in the Seminole County Legislative Delegation voted to do that the first time around.

Chairman Henley stated he called Representative Mealor last evening and expressed his concern and displeasure with this. Rep. Mealor said he was meeting with the Majority Leader and will try to find some way to reimburse the County. Chairman Henley stated his opinion was to do what’s right. This is an unfunded mandate that’s being passed on to the local taxpayer to allow the Legislature to continue to lower the taxes and pass it on as an unfunded mandate.

Commissioner Carey said she wrote a letter to all the legislators. She urged all the Commissioners to do the same and to urge anyone else they know to write letters. She also encouraged Commissioner Morris to call and let FACo know that the Board would support an appeal on this.

Commissioner Morris said they need to do a joint signature letter where all five Commissioners sign. It needs to be drafted in the sense of the Board’s disappointment in the prior action and they hope not to be disappointed in other action taken. The other issue of great concern is if they are going to do an unfunded mandate, what are the County taxpayers doing paying for a State service that they don’t control. They should rescind the authority and turn over the Juvenile Justice Center to the County.

Mr. Lee said FACo has not been able to get anyone to sit down and talk about this. They are not prepared to have this debate. He thinks the message is they are not going to have that debate but will fund this through property taxes.

Chairman Henley stated that without objections from the Board, they will direct staff to prepare the letter so they can get the Commissioners’ signatures this afternoon.

Commissioner Van Der Weide stated they have to find a vehicle to educate the citizens on what is taking place in Tallahassee with the unfunded mandates and how it affects them. He thinks it was a clear message sent out by the citizens about the issue with the School Board when they had invited the Legislative Delegation for a meeting. The only way to stop this shifting money around and putting it on local government is for the local citizens to realize this is taking place and know that their elected offices are put in jeopardy.

Mr. Lee stated he and Patty Michaels tried to make the media aware of what is going on but had no response. Whereupon, Chairman Henley said they can put on SGTV the unfunded mandates and keep running the program.

Commissioner Dallari said after the letter is sent out, he would like to see the Chairman speak to the media. Chairman Henley said he would have no problem with that and he intends to speak about it. He thinks it is important the citizens understand because soon they will be faced with raising taxes because of what the Legislature is doing.

Commissioner Dallari said he would like to see the Chairman put out a news brief; and Chairman Henley said he would have no problem with that.

Commissioner Carey suggested once they all sign the letter, it can be put in e-mail form so they can send it to the constituents and ask them to send it out. This would get it into the hands of a lot of people who regularly contact their legislators to get some citizens behind this rather than just the Board.

Commissioner Morris stated they are aware that Palm Beach County took very aggressive actions on the Legislature. In their property tax bills mailing, they attached a list of unfunded mandates and who voted for them. That got the attention of the legislators. For those who didn’t get property tax bills, they attached the list to the water bills. He suggested staff consider this action and look at the Palm Beach County model.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, that this process of sending a list of unfunded mandates and who voted for them along with the property tax and water bills be developed and contacts made to see that this happens.

Under discussion, Mr. Grace asked for clarification that staff is being directed to be more aggressive by using SGTV or the web site to get out some of this information. Whereupon, Commissioner Van Der Weide said the Board has been mentioning this every year.

Commissioner Carey said it would be good to have an active campaign. She would also like to see on the web site that citizens who would like to be kept informed can sign up to receive regular e-mails about news releases and such. This keeps them informed.

Mr. Grace said staff will begin doing that.

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

Regular Agenda

William McDermott, Economic Development Director, addressed the Board to request approval of a Resolution recognizing NovaStar Mortgage, Inc., a nationwide originator of primarily non-conforming mortgage loans, as a Qualified Targeted Industry (QTI). He stated the total award is in the amount of $510,000. The 20% match for the County will be $51,000 and $51,000 for the City of Lake Mary. Funds are available in the JGI Trust Fund.

Chairman Henley said at the last Board meeting, they discussed the issue about the vacancies in the existing offices and it was brought up that generally they are looking for capital investment, but in view of what is already there, there has been a shift in the incentive program to help fill the vacancies that exist in the office area. He thinks this is a good project and they need to join with the City of Lake Mary to make this happen.

Commissioner Morris noted that this is a disproportional revenue that accrues back to the City of Lake Mary on a much greater rate than it does to the County, but it is an equal partnership. This is something the County has consistently done with the Cities of Sanford and Lake Mary. It is important to know that when they are out in the community on an ongoing basis that this is what the County continues to do in partnership with the cities, in the spirit of cooperation.

Motion by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate Resolution #2004-R-224, as shown on page _______, recognizing NovaStar Mortgage, Inc., a nationwide originator of primarily non-conforming mortgage loans, as a Qualified Targeted Industry (QTI).

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

-------

Colleen Rotella, Community Resources Manager, addressed the Board to request approval of an affordable housing pilot project with Habitat for Humanity and Seminole Community College including sponsoring five Habitat homes.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve an affordable housing pilot project with Habitat for Humanity and Seminole Community College including sponsoring five Habitat homes; adopt appropriate Resolution #2004-R-225, as shown on page _______; and approve and authorize Chairman to execute County Deed, as shown on page _______, conveying Parcel 12-21-29-5BD-1200-0210 to Habitat for Humanity in Seminole County, Inc. for construction of an affordable single family home.

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

The outgoing president, Colin Gallaway, expressed thanks to the Board and to Ms. Rotella and staff for their efforts. He said it was fun to partner with Seminole County government.

Chairman Henley expressed thanks for the work they do and said the County was happy to be a partner.

President Steve Green expressed thanks for the Board’s support.

-------

Jeff Hopper, Senior Planner, addressed the Board to request approval of the site plan for an outparcel in Tract A, Wekiva PUD located on the south side of Wekiva Springs Road, 500 feet east of N. Hunt Club Boulevard for a Wendy’s at the Shoppes of Sweetwater (Jill Minton).

District Commissioner Van Der Weide stated he has looked at this and the only problem he has is it is going to add more traffic to Wekiva Springs Road, but he doesn’t see any way they can do anything but approve this request.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve Site Plan for an outparcel in Tract A, Wekiva PUD located on the south side of Wekiva Springs Road, 500 feet east of N. Hunt Club Boulevard for a Wendy’s at the Shoppes of Sweetwater (Jill Minton).

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

-------

Suzan Bunn, Tourism Development Director, addressed the Board to present request for approval of Agreement with the Central Florida Zoological Society, Inc. in the amount of $225,000.

Mr. Grace advised that two years ago during the budget process, the TDC recommended reducing the amount to the Zoological Society. He said $270,000 is currently in the budget. He recommended not reducing the amount this year. If the Board intends to reduce the amount, they need to give the Zoo notice so they can plan for their operations.

Commissioner Carey stated the TDC is coming forward asking for a reduction in the amount after the budget has been approved. If she were on the Zoo Society, she would have been expecting to get those funds. She would like to see the Board fund at the $270,000 amount this year; next year approve $250,000, and the next year reduce it to $225,000.

Chairman Henley said the Zoo has been an exception to what the TDC has done. He thinks it is appropriate that the Board starts towards trying to wean them down some and free up more money for TDC to attract more venues.

Commissioner Van Der Weide said he thinks it is important to remember that one of the reasons the Board got the TDC tax was to support the Zoo. It is still there and it is an issue relative to the quality of life. He would like to think that with the economy changing, there should be enough to go around. He would not recommend changing the amount this year. He agrees they can look at this again.

Commissioner Dallari discussed the visitor count to the Zoo and if the Zoo is asking other counties for funding.

Mr. Grace said he knows the Zoo has approached a lot of surrounding counties, but not with a lot of luck.

Joe Montisano, CEO, Zoological Society, addressed the Board to state there is meeting space in the new Zoo building and it will be open by the end of January, 2005. Whereupon, Commissioner Dallari suggested advertising in the County’s meeting planner about the Zoo’s meeting space.

Ms. Bunn said they are working on a sheet to include the meeting venue and they are planning to put on the web site the meeting space dimensions probably in the first quarter of 2005.

Commissioner Morris said Commissioner Van Der Weide is right on point on this issue. He said he served on the original Board and it was the Zoo Board that carried the weight of the initiative before the voters on TD funding. He remembers the commitment that the people made at the time. The Board revenues have continued to increase from the bed tax and this amount has not, so it is a decline over time by inflation.

Commissioner Dallari said he thinks they need to be more proactive with the meeting space. He thinks it is important to reach out to surrounding counties.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the Agreement, as shown on page _______, between Seminole County and the Central Florida Zoological Society, Inc. in the amount of $270,000.

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

COUNTY MANAGER’S BRIEFING

Chairman Henley moved up an item on the agenda to hear from Mayor Bush at this time.

Major John Bush, City of Winter Springs, addressed the Board to state last night the City Council passed a Resolution in appreciation for the Holiday in the Park funding for the contribution of $5,000 from the County. They will do that again next year and the event was very successful. He said he has a letter of apology to Mr. Grace regarding correspondence on the painting of a bridge (Trail). He said their City Manager had discussed that. They would appreciate it if the County will allow the undercarriage of the bridge to be painted teal color. The City will cover any additional cost the County will incur.

Chairman Henley said he did not have a problem with it. Commissioner Carey said she did not get a chance to see the colors.

Commissioner Morris said they need to verify that the Mayor saw the same renderings as what the County Engineer has.

Commissioner Carey asked if this will be discussed at the 1:30 p.m. meeting as she would like to see a standard of what the undercarriage of the trail bridges will be.

Chairman Henley said the Board will take this up with County Engineer Jerry McCollum this afternoon in regard to this request.

Mayor Bush noted that the City of Winter Springs put $400,000 into this bridge.

Mayor Bush read information about a general use permit for the Eagle Bay products that came up at their meeting on November 22, 2004. He said what bothered the City Commission was that the County had allowed this business to operate for two years (in the Black Hammock), and once it was annexed into the City, the County came and asked the City to deny these people from operating their business. The City thought that was an unfair thing to do. He would like for the Board to look at that and he thinks the City did do the right thing. He explained the permit was issued for 15 years.

Chairman Henley said it was not the intent of the Commission and hopefully not of staff to make the Winter Springs Commission look bad. He thinks the Board felt at that time that this was not the same place but in the same vicinity where they were going to expand, and he thinks that was the reason staff felt they needed to approach the City Council. He doesn’t know if the Board can undo what’s been done, but they will be more sensitive in the future.

Commissioner Morris stated that he was personally attacked at the City’s public meeting on the zoning issue.

Mr. Grace advised Mayor Bush that he told staff to attend the public meeting on the zoning issue and he had no discussion with Commissioner Morris about it. He explained that until the City puts its own land use on the property, by law, it keeps the County’s land use.

Commissioner Van Der Weide left the meeting at this time.

Mr. Grace continued that the County was telling the City that if the business were still in the County, they would not approve it under the County’s land use. It was not to embarrass anyone.

Commissioner Morris said the County staff was very rudely treated by a number of City Commission members. The City did apologize off the public record.

Mayor Bush said he also feels the staff was not treated properly. Commissioner Morris said he appreciates his efforts to try to hold some decorum at the meeting, but he does not appreciate the Mayor’s efforts with the newspaper after the fact.

Mayor Bush asked if the City of Winter Springs entered into a JPA agreement and it becomes a part of the Comprehensive Plan, does that mean the litigation is all resolved.

Commissioner Van Der Weide reentered the meeting at this time.

County Attorney McMillan advised if the City acted consistently with the JPA, it would be consistent with the plan and there would be no issues.

Mayor Bush stated the City is ready to begin discussions on this litigation matter and can begin next month. They would really like to get this resolved; and if it can be done in such a way that the City and County can agree on, they are foolish not to do this. He said their Commission members are different people and a different leadership, and they are ready to sit down and work this out.

Chairman Henley said he thinks what Mr. McMillan is saying is that this matter does not prohibit them from resolving the differences through an interlocal agreement.

Commissioner Carey stated she hopes the Mayor recognizes two new Board members who were not there when the zoning issue took place. She thinks it is important that the Board takes a position for any annexation issue that takes place. She said after reading the Charter Amendment, the only way the County can implement that is almost by having JPA’s. She would be happy to make a motion to immediately convene the two groups to discuss this issue to try to come up with something. When the Court rules either way, they still need an agreement to protect the rural area. Either way, she thinks the citizens will win.

Chairman Henley said he thinks the County Manager already has an outline and suggested dates to start that process for contacting the cities on interlocal agreements. He doesn’t think a motion is needed.

Discussion continued with Commissioners Dallari and Morris.

Chairman Henley stated when the City and County have a disagreement, it does not have to become personal. They both serve the same constituents. It is important to put any personal feelings aside and try to realize there are more things they agree on than disagree on and intelligent people can work through those things.

Mayor Bush stated he thinks one of the problems they have is that most elected officials in the City serve part-time. It is very difficult for him to make contact with the County officials. He will make the effort to know all of them better. He thinks the more they can get to know each other, the better they can work together. He apologized to Commissioner Morris about some of the things he said, and Commissioner Morris accepted his apology.

Regarding the County’s discussion on unfunded mandates and their plans, Mayor Bush said the County could let the cities know about that and they will put information in their newsletters as well. He also said they are trying to get a mayors/managers group meeting again. It was rumored the group wanted to have a meeting but they did not want Mr. Grace and Chairman Henley there. He said this was not true. He has told Casselberry Mayor Goff that he thinks the County should be there.

Chairman Henley said the mayors are elected officials and if the BCC Chairman is not invited, then the County Manager will not be there either. He stated that board started quite a number of years ago. One of the recommendations was that there be a regular meeting of the mayors and managers in order to work through issues of differences and so forth. He thinks it is important that it continue. The County is willing to do it, but the BCC will be represented if it is a meeting of elected officials. Otherwise, they can approach the BCC in a public meeting.

Commissioner Van Der Weide stated he thinks the Board of County Commissioners need to direct staff to reach out and stay away from personalities. There are much bigger issues out there. He thinks they need to get over that and leave this and see what they can do with the community working together.

Chairman Henley stated he has asked the County Manager to proceed to try to establish some kind of common agreements on meetings between the two boards so they can sit face to face to discuss the issues. Hopefully, that will be taking place before too long.

Commissioner Carey said this is the first time they have had a change on the County Commission where they have two new Board members and there have been a lot of changes in the cities. Maybe some of the senior Commissioners don’t know some of the new elected officials in the cities. It might be good for them to meet together in a central area of the County and have coffee together to get to know one another.

Mayor Bush said they are very interested in working with the County Commission as well as the other cities for the betterment of the citizens of Seminole County. If there is a problem that happens, they want to know about it and don’t want to read about it in the newspaper. He wants the Chairman to call him. He reported that he is on the committee that is working on the expansion of the library. They are coming along very well. He thinks Ms. Goldman is making a report to the County Manager and that will come to the Board.

Commissioner Morris said for them to move forward with the library, they need some land and if the City of Winter Springs can work with the County on that, that would be helpful. He reminded Mayor Bush that the entire City is in his district. He said to copy him on whatever is communicated with the Chairman. He said he would love to hear from the Winter Springs Manager some time.

REGULAR AGENDA, Continued

Lisa Spriggs and Patty Comings, Budget Manager, addressed the Board to give a hurricane damage analysis and request approval and authorization for the Chairman to execute Budget Change Request and Budget Amendment Request relating to the hurricanes’ damages.

Ms. Spriggs stated the FEMA source is currently at the federal government level of 90%. The State share is anticipated at 5%. Funding also comes from the Emergency Relief Program (that is related to the roadways in the federal highway system) at 100% reimbursement. Another source through the U. S. Department of Agriculture is the Natural Resource Conservation Service with funding at 75%. This is normally in the stormwater area projects. The overall impact to the County was $54.9 million; $33 million of that was for debris removal costs; preparedness and response was $7 million; and other permanent projects such as roadway and stormwater was $14.9 million. Staff is currently pulling from three sources of reserves for budgetary appropriations--General Fund, $4.8 million; Transportation, approximately $500,000; and Stormwater, $1 million. This will provide the current match to the funding sources. The total is $6.25 million from reserves. Approximately $3 million of that is the result of the cleanup of debris in private, gated communities. This is still an issue to be decided, as it is not a normal reimbursement cost through FEMA.

Ms. Spriggs advised Chairman Henley that the bottom line cost to the General Fund Contingency is $4.8 million and that leaves a balance estimated at $6 million.

Mr. Grace noted that this is still a worst-case figure. This will go down if the State approves 5% and pays part of gated community cost.

Ms. Spriggs and Mr. Grace advised Commissioner Carey that the overall exposure is $6.5 million to $6.75 million, as a worst-case scenario. Mr. Grace said it is very likely that the State will come in with 5%.

Commissioner Carey noted to Mayor Bush that what would probably be helpful to the County’s case on the appeal for the gated communities is if the cities would go ahead and pursue an appeal on the gated community issue.

Ms. Comings discussed that in the meeting on the gated community issue, she advised all the other municipalities that the County had submitted for the gated communities. The reason was so that they could go ahead and begin the appeals process. At that time, she did request the municipalities to go ahead and begin submitting for the gated communities.

Mr. Grace said this was coordinated with all the cities.

Motion by Commissioner Dallari, seconded by Commissioner Morris, to approve and authorize the Chairman to execute a Budget Change Request #04-55 in the amount of $980,021; and adopt appropriate Budget Amendment Resolution #2004-R-226, in the amount of $17,487,534, as shown on page __________, relating to hurricane damages from Hurricanes Charley, Frances and Jeanne.

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

COUNTY MANAGER’S BRIEFING, Continued

Mr. Grace stated he had discussed if the Board wishes to hear the Briefing item today on litter management or he suggested waiting until the next meeting in January since the afternoon meeting is very heavy.

Commissioner Morris said there was a letter about trashing the beltway so they have a problem. Whereupon, Mr. Grace said staff won’t wait to take action.

Chairman Henley suggested they require the garbage trucks to put a sign on the back saying, “if you see debris falling off this truck, call this number.”

Commissioner Carey said she wants to make the Board aware that people in the Geneva area have complained that part of the County’s trucks are an issue along Osceola Road with litter and liquid waste coming out of the trucks. She had a call this morning about the tarp that is supposed to be covering the truck. A gentleman was fined $4 because he did not have tarp, but he only had a refrigerator and sofa in his truck. She said the staff needs to apply some common sense to these things. She said she will talk to Mr. Adolphe about this individual.

Commissioner Morris suggested bringing back an amendment to all the contracts with the haulers that puts a progressive fine system in. If management had a fine structure put in place, they will get their workers to not overload these trucks. He requested staff bring this back with a progressive fine structure.

-------

The Chairman recessed the meeting at 12:05 p.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials (with Commissioner Carey entering late) and with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

-------

The Chairman outlined, for information only, the public hearing rules and procedures.

Commissioner Carey entered the meeting at this time.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

APPEAL AGAINST BOA,

JOSEPH JACOBONI

Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to approve the request for a special exception to establish a theological studies college in the A-1 (Agriculture District) located at 5555 Wayside Drive in Sanford, Joseph Jacoboni, received and filed.

Chairman Henley advised the appellant has withdrawn this item. Copy of statement withdrawing the appeal was received and filed.

-------

Upon inquiry by the Chairman, the Board expressed no objections to notifying interested parties that Item #99, Appeal against the BOA for a camouflage communication tower (Bob Chopra/Cingular Wireless) will be continued at tonight’s meeting. The Chairman advised that Item #100, Appeal against the BOA for a landscape contractor’s business (Matthew & Lara Cato) has been withdrawn.

APPEAL AGAINST THE BOA,

RICHARD & JAY SHIRAH/SPRINTCOM, INC.

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

Planner, Kathy Fall, addressed the Board to present the appeal, advising District Commissioner Morris asked that this item be heard by the BCC. She stated the staff recommends the BCC uphold the BOA approval of the Special Exception with the following conditions: (1) Proposed tower shall not exceed 194 feet, as verified by a RF (radio frequency) engineer to be the minimum height needs to further Sprint’s immediate wireless communication goals in the area; (2) Any improvements and/or additions to the proposed tower shall be submitted for approval to the County; (3) A listed species survey shall be provided prior to final engineering approval; and (4) Prior to the final development order/approval, an application for full concurrency management shall be provided. Should the associated variances from minimum separation distances be granted, staff recommends the following: (1) Any variance granted shall apply only to the proposed communication tower depicted on the site plan; (2) Any variance granted shall be the minimum that would make possible the reasonable use of the property for siting a communication tower in that specific location; (3) Any variance granted should be conditioned upon certification by a structural engineer of the proposed tower’s safe performance in the event of structural failure or collapse; and (4) Any additional condition(s) deemed appropriate by the Board, based on information presented at the public hearing.

Upon inquiry by Commissioner Morris, Ms. Fall advised the applicant provided information that this area is a deficient area, which does not have adequate cell phone coverage. She said the applicant will provide co-location on the proposed tower. She also advised that the tower will be designed to withstand up to 140 mph winds and if the wind is greater than 140 mph, the top 60 feet of the tower is designed to bend and not collapse on the ground.

Commissioner Morris stated he believes the proposed 194-foot tower is extremely tall.

Ms. Fall explained that the applicant has indicated that in order to serve the area (with the number of POPS), the tower needs to be 194 feet tall.

Upon inquiry by Commissioner Carey, Planner Ernest McDonald addressed the Board to advise with regard to variances, the Code does not require a hardship criteria to be determinative as to whether the Board can grant the variance or not.

Attorney Robert McMillan further clarified that under the normal Land Development Code regulations, there are variances and seven factors the Board must consider. However, in the Telecommunication Tower Ordinance, the variances are treated as design variances.

Upon inquiry by Commissioner Carey, Ms. Fall advised that if approved, Sprint would be required to allow co-location on the tower.

A brief discussion ensued with regard to camouflaging the tower. Whereupon, Ms. Fall advised that flag poles are normally no higher than 100 feet and disguising it as a pine tree would look suspicious.

Commissioner Dallari questioned if the applicant has spoken to the power companies about putting their antennas on transmission and distribution lines in that area instead of erecting a tower.

Richard Shirah, Earthcom Services, Inc., addressed the Board to advise they selected this site because it is five acres in size and there are a couple of commercial uses on the property. He said they will use an existing driveway to get to the site and there will be minimal traffic going to the site. He confirmed that they do a lot of co-location whenever possible. He said this will be a monopole tower, which is the least intrusive visually. He added the tower will be designed for five users.

Commissioner Dallari reiterated his question about using the transmission/distribution power lines in the area rather than erecting the proposed tower.

Mr. Shirah stated distribution lines are only 50 or 60 feet tall and transmission lines are 110 feet tall.

Commissioner Dallari stated his point is that additional antennas can be put up in order to have the same coverage area the tall pole would have.

Mr. Shirah stated there are no power poles in the area. Whereupon, Commissioner Dallari advised there are two on Lockwood Road, just south of the site in question. He suggested Mr. Shirah contact the City of Oviedo so they can point those poles out to him.

Learie Hercules, Sprint Engineer, addressed the Board to explain the economics, stating that they must justify the cost of construction with the number of POPS. Discussion ensued.

Commissioner Van Der Weide stated the number one complaint from cell phone users is that they cannot get the reception. He said there seems to be more consolidation of cell phone companies and he questioned if in the County contracts there are requirements that when they quit using the towers, they have to remove them.

Attorney McMillan advised there is a requirement that they be removed.

Carl Bowman, 1000 Van Arsdale, addressed the Board to speak in opposition, stating he lives across the street from where the proposed tower will be located. He said he is against the tower because of radiation and he is positive that these towers are dangerous within a certain distance. He questioned if something happens, who is going to pay the doctor bills.

Attorney McMillan advised the Federal law states that the Board may not consider the health impacts or radiation issues as it relates to cell towers.

Mr. Bowman suggested the tower be erected across the street in the County park.

Commissioner Carey stated she believes it is a great idea for the County to look at every piece of publicly-owned property to house these facilities. She said the County could be generating the income from these. So if there is an option (there are two parks located near this site), she would like to see them come to the County to talk about that.

Laurian Rauen, 1050 Van Arsdale, addressed the Board to state she was surprised to see Sprint picked a site that is behind five homes when she has 11 acres across the street which is all pasture.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner Morris questioned how far the 194-foot tower can be seen as you are coming down the roadway.

Planner Ernest McDonald stated they do not know the distance, but he did show some photographic simulations (not received & filed).

District Commissioner Morris stated the issue of the height is a big question. He questioned if the applicant would be willing to do a balloon test.

Upon inquiry by Commissioner Carey, Ms. Fall displayed a map of the cell towers in the area (unincorporated). Commissioner Carey stated it would be helpful when this type of request comes before the Board to have a map of where the cell towers are located, how tall they are, and who owns them.

District Commissioner Morris stated his problem with this is the height and the distance it can be seen from. He further stated he would like to continue this to the first or second meeting in January and he would like to see a balloon test be done with the balloon to be up for at least one day. He also requested staff photograph the balloon from different positions. He further requested staff to research the issue that Commissioner Dallari brought up concerning transmission lines.

Motion by Commissioner Morris, seconded by Commissioner Dallari to continue until January 11, 2005, consideration of the Appeal of the Board of Adjustment’s decision to approve the request for a Special Exception to establish a 194-foot tall monopole communication tower in the A-5 (Rural Zoning Classification District), and associated variances from 582 feet to 60 feet, 582 feet to 230 feet, 582 feet to 270 feet; 582 feet to 450 feet; and 582 feet to 535 feet to reduce the minimum distance separation from the proposed tower to the nearest properties with single-family dwellings, as described in the proof of publication, Richard & Jay Shirah/Sprintcom, Inc.

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

CONSIDERATION OF SMALL SCALE LAND

USE AMENDMENT, THOMAS DALY

Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from Planned Development (PD) to Planned Development (PD) and PUD Major Amendment on approximately 8.1 acres located on the north side of Palm Valley Drive, 600 feet east of Alafaya Trail, Thomas Daly, received and filed.

The Chairman advised the Board has received a request from the applicant to continue this hearing until the first meeting in January. He noted that the area residents have requested that the item be continued until the second meeting in January.

Motion by Commissioner Dallari, seconded by Commissioner Morris to continue until January 25, 2005, consideration of a Small Scale Land Use Amendment from Planned Development (PD) to Planned Development (PD) and PUD Major Amendment on approximately 8.1 acres located on the north side of Palm Valley Drive, 600 feet east of Alafaya Trail, as described in the proof of publication, Thomas Daly.

Under discussion, Annabelle Closson, 749 E. Palm Valley Dr., addressed the Board to request the continuance until the second meeting in January. She submitted for the Record copies of the proposed site plan (received & filed).

Speaker Request Form was received and filed.

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

Commissioner Dallari left the meeting at this time.

CONSIDERATION OF THE UNIFORM COLLECTION

OF NON-AD VALOREM ASSESSMENTS

Proof of publication, as shown on page _______, calling for a public hearing to consider a Resolution adopting the Uniform Method of Collection for Non-Ad Valorem Assessments pursuant to Florida Statutes, Section 197.3632, received and filed.

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

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-227, as shown on page _______, adopting the Uniform Method of Collection for Non-Ad Valorem Assessments pursuant to Florida Statutes, Section 197.3632, as described in the proof of publication.

Districts 2, 3, 4 and 5 voted AYE.

CONSIDERATION OF CONSOLIDATED

STREET LIGHTING DISTRICT ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing to consider the Consolidated Street Lighting District Ordinance, repealing Ordinance #2003-59, received and filed.

Jennifer Bero, Fiscal Services, addressed the Board to present the request.

Joy Aviles, 1259 Pima Point, addressed the Board to speak in support.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-48, as shown on page _______, the Consolidated Street Lighting District Ordinance, repealing Ordinance #2003-59, as described in the proof of publication.

Districts 2, 3, 4 and 5 voted AYE.

CONSIDERATION OF REQUEST TO REZONE

FROM M-1A TO M-1, HUGH HARLING

Proof of publication, as shown on page _______, calling for a public hearing to consider request to rezone from M-1A (Very Light Industrial District) to M-1 (Industrial District) on approximately 5.5 acres located on the west side of Hickman Circle, approximately 850 feet north of Hickman Drive, Hugh Harling, received and filed.

District Commissioner Carey advised the applicant has requested that this item be continued until this evening’s meeting. She said she has no problem with the rezoning itself and does not see a need to continue it.

Commissioner Dallari re-entered the meeting at this time.

Planner, Tina Deater, addressed the Board to present the request, advising the staff recommends approval.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Morris to adopt Ordinance #2004-51, as shown on page _______, granting rezoning from M-1A (Very Light Industrial District) to M-1 (Industrial District) on approximately 5.5 acres located on the west side of Hickman Circle, approximately 850 feet north of Hickman Drive, as described in the proof of publication, Hugh Harling.

Under discussion, Commissioner Dallari questioned if the developer will need outside storage on the property. He commented that this site can be seen from I-4 and is one of the “gateways” to the County.

Ms. Deater stated she does not know and advised this is not zoned to a site plan specifically.

Commissioner Carey called the question.

Districts 2, 3, 4 and 5 voted AYE to call the question.

Commissioner Dallari voted NAY.

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

CONSIDERATION OF SMALL SCALE LAND USE

AMENDMENT & REZONE, MICHAEL CRAIG

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 Office and Rezone from A-1 (Agriculture District) to OP (Office Professional District) on approximately 2.47 acres located on the west side of Tuskawilla Road approximately 700 feet south of Willa Springs Drive, Michael Craig, received and filed.

Planner, Tina Deater, presented the request, advising the request is for a three-building office complex with a total of 15,400 square feet of office space. The applicant is also requesting a reduction of the required active buffer and setback adjacent to the south side of Building “C” from a 50’ landscape buffer to a 25’ landscape buffer and from a 100’ building setback to a 50’ building setback. She further advised staff recommends approval of the amendment and rezoning, along with the waiver, subject to the proposed development order, site plan and architectural rendering.

Michael Craig, applicant representing Dr. Richard Rubinstein, addressed the Board to advise the property has been used as a veterinarian hospital, which moved to the property to the south. The Special Exception they operated under moved with them. Since that time, the site has been vacant. He requested approval of the amendment and the rezoning.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-49, as shown on page ________, for a Small Scale Land Use Amendment from LDR (Low Density Residential) to Office; and adopt Ordinance #2004-50, as shown on page _______, granting rezoning from A-1 (Agriculture District) to OP (Office Professional District) for approximately 2.47 acres located on the west side of Tuskawilla Road approximately 700 feet south of Willa Springs Drive, and approval of waiver, subject to Development Order, as shown on page _______, site plan and architectural rendering.

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

REQUEST FOR SMALL SCALE LAND USE

AMENDMENT & REZONE, SAM KRAM

Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from Industrial to LDR (Low Density Residential) and Rezoning from M-1 (Industrial District) to R-1AAAA (Single-Family Dwelling District) on approximately 1.0 acre located on the south side of Narcissus Avenue across from Power Road, Sam Kram, received and filed.

Planner, Tina Deater, presented the item, advising the rezoning is for the purpose of preserving the existing historical house on the property. She further advised staff recommends approval.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-52, as shown on page _______, for a Small Scale Land Use Amendment from Industrial to LDR (Low Density Residential); and to adopt Ordinance #2004-53, as shown on page _______, granting rezoning from M-1 (Industrial District) to R-1AAAA (Single-Family Dwelling District) on approximately 1.0 acre located on the south side of Narcissus Avenue across from Power Road, as described in the proof of publication; and to approve Development Order, as shown on page _______, Sam Kram.

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

REQUEST FOR REZONING,

FROM RP TO RP, JACK REYNOLDS

Proof of Publication, as shown on page _______, calling for a public hearing to consider a request to rezone from RP (Residential Professional) to RP (Residential Professional) on approximately 1.39 acres located on the northwest corner of the intersection of SR 434 and Lake Rena Drive, Jack Reynolds, received and filed.

Planner, Tina Deater, presented the request, advising the applicant is requesting the rezoning in order to build an approximately 10,175 square foot dental/medical office.

Upon inquiry by Commissioner Van Der Weide, Ms. Deater advised the applicant has eliminated access to Lake Rena Drive.

Jack Reynolds, applicant representing Dr. Richard Dunn, addressed the Board to give a brief history of the process they have gone through thus far. He stated with the 6-foot block wall, there will be ample buffering between the residential area. He said he believes this use is neighborhood-friendly and the office hours will be Monday through Friday 8 a.m. to 5 p.m. He added that they have met with the homeowners association and have worked out an agreement with regard to the wall and landscaping.

Upon inquiry by Commissioner Henley, Mr. Reynolds advised there will be three dentists taking half of the building and the other half will be for speculative uses.

Commissioner Morris questioned why the applicant is proposing so much parking. Whereupon, Dr. Dunn addressed the Board to state one of the main reasons he is moving his office from up the street is because of the complaints he has heard from his patients about the lack of parking. He added that he wants to put in more than the required amount of parking spaces so that he does not have those same complaints.

District Commissioner Van Der Weide stated he would like to restrict the use of the building and not allow any blood labs. Whereupon, Dr. Dunn stated he has no objections to that restriction.

Fred Streetman, 125 Lake Rena Drive, addressed the Board to state the applicant has worked very well with the homeowners and has allowed them to keep their subdivision sign on his property. He said that other than the laboratory use, they have no problem with the request. He added that they do not want a sidewalk on Lake Rena Drive because of the frontage and the narrow road.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2004-54, as shown on page _______, granting rezoning from RP (Residential Professional District) to RP (Residential Professional District) for approximately 1.39 acres located on the northwest corner of the intersection of SR 434 and Lake Rena Drive, restricting the usage of the property that there will be no blood laboratory, and exempting the project from having to install a sidewalk on Lake Rena Drive, as described in the proof of publication, Jack Reynolds.

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

-------

The Chairman recessed the meeting at 3:10 p.m., reconvening the meeting at 3:26 p.m., this same date with all Commissioners in attendance.

CONSIDERATION OF MAJOR

PUD FOR SUNLAKE, JIM MCMULLEN

Proof of publication, as shown on page _______, calling for a public hearing to consider a major amendment to the Final Master Plan for the Sunlake PUD, for a 9.68-acre site located on the south side of SR 434, 0.2 mile east of US 17-92, Jim McMullen, received and filed.

Planner, Jeff Hopper, addressed the Board to present the request, advising the proposed amendment would place 86 units on Tract A (originally approved for retail commercial use) with access to SR 434 to be shared with the existing shopping center. He further advised staff recommends approval of the amendment, subject to the conditions listed in the staff report.

Upon inquiry by Commissioner Morris, Bob Horian, developer, addressed the Board to advise the estimated median price of the homes will be $169,900, which is significantly higher than the surrounding area. He further advised the square footage will start at 1400 to up to 1960.

Commissioner Dallari stated there are several units overlooking the lake and he questioned will the complex have balconies.

Mr. Horian stated currently the regulations do not allow for the balconies, but he would like to readdress that with staff.

Commissioner Carey stated she agrees with Commissioner Dallari that those units facing the lake should have balconies.

Planning Manager, Matt West, addressed the Board to advise typically there is a policy restricting Townhomes from having balconies when they are facing low density residential. A brief discussion ensued.

No one else spoke in support or in opposition.

District Commissioner Morris stated he does not believe that policy applies in this case.

Motion by Commissioner Morris, seconded by Commissioner Dallari to approve a major amendment to the Final Master Plan for Sunlake PUD, subject to the conditions in the staff report, with the exception that balconies will be allowed for those units facing the lake on the western portion of the property, for a 9.68-acre site located on the south side of SR 434, 0.2 mile east of US 17-92, as described in the proof of publication; and authorize the Chairman to execute the Addendum to the Developer’s Commitment Agreement, as shown on page _______, Jim McMullen.

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

CONSIDERATION OF TEXT AMENDMENT FOR

POTABLE WATER ELEMENT/VISION 2020

Proof of publication, as shown on page _______, calling for a public hearing to consider proposed Text Amendment to the Potable Water Element of the Seminole County Comprehensive Plan (Vision 2020) updating POT Exhibit 1, Water Service Areas, received and filed.

Planner, Tony Matthews, addressed the Board to present the request.

No one spoke in support or in opposition.

Motion by Commissioner Dallari, seconded by Commissioner Carey to approve the proposed Text Amendment to the Potable Water Element of the Seminole County Comprehensive Plan (Vision 2020) updating POT Exhibit 1, Water Service Areas, as described in the proof of publication.

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

CONSIDERATION OF TEXT AMENDMENTS FOR

CONSERVATION & FUTURE LAND USE ELEMENT

Proof of publication, as shown on page _______, calling for a public hearing to consider proposed Text Amendments to include the existing Wekiva River Protection Area (WRPA) policies in the Conservation Element and the Future Land Use Element of the Seminole County Comprehensive Plan (Vision 2020), received and filed.

Planner Cathleen Consoli addressed the Board to present the request.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the proposed Text Amendments to include the existing Wekiva River Protection Area (WRPA) policies in the Conservation Element and the Future Land Use Element of the Seminole County Comprehensive Plan (Vision 2020), as described in the proof of publication.

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

CONSIDERATION OF CAPITAL

IMPROVEMENTS ELEMENT - 2004

Proof of publication, as shown on page ______, calling for a public hearing to consider the proposed Text Amendments to the Capital Improvements Element to the Seminole County Comprehensive Plan (Vision 2020), updating and replacing in full the CIE Exhibits section of the Capital Improvements Element of the Comprehensive Plan, received and filed.

Planner, Dick Boyer, addressed the Board to present the request.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Carey to approve the proposed Text Amendments to the Capital Improvements Element to the Seminole County Comprehensive Plan (Vision 2020), updating and replacing in full the CIE Exhibits section of the Capital Improvements Element of the Comprehensive Plan, as described in the proof of publication.

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

CHAIRMAN’S REPORT

Chairman Henley advised he is in receipt of a letter (received & filed) from Karen Willis of the Seminole County Coalition for School Readiness, Inc., expressing thanks for the Board’s support.

-------

Chairman Henley advised of a communication from Citrus County asking the Board to adopt a resolution commending the Court’s decision regarding the Juvenile Justice Funding issue and urging the Department not to appeal the decision.

Upon inquiry by the Chairman, Assistant County Attorney, Steve Lee, advised he sees no reason to adopt a resolution. He updated the Board on a phone call be received from County Lobbyist, Bobby Brantley.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Henley advised the Board of his nominations for various committees/boards.

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

AGRICULTURE ADVISORY COMMITTEE - John Lommerse & David Evans/terms ending 1/07

ANIMAL CONTROL BOARD - Barbara Lewis/term ending 1/1/06; and adopt appropriate Resolution #2004-R-228, as shown on page _______, commending Kathleen Prince for her services on same.

BOARD OF ADJUSTMENT - Melanie Chase/term ending 1/1/09

DISABILITY ADVISORY BOARD - Sally Shepard & Sara Brothers/terms ending 1/1/07

HISTORICAL COMMISSION - Lillian Griffin/term ending 1/1/07

LIBRARY ADVISORY BOARD - Rose Reeves/term ending 1/1/07

NATURAL LANDS COMMITTEE - Barbara Whittier, Carolyn Schultz & Robert Bowden/terms ending 1/1/07; and adopt appropriate Resolution #2004-R-229, as shown on page _______, commending Sidney Miller, Jr., for his services.

PARKS & RECREATION ADVISORY BOARD - Jane Harrison & Joe Sarnovsky/terms ending 1/1/06; and adopt appropriate Resolution #2004-R-230, as shown on page ________, commending Tom Artingstall for his services on same.

PLANNING & ZONING - Dudley Bates/term ending 1/1/09

BUILDING CONTRACTORS BOARD - Chuck Miller/term ending 1/1/06

ELECTRICAL CONTRACTORS BOARD - Bob Herring/term ending 1/1/06

MECHANICAL CONTRACTORS BOARD - Larry Fairbrother/term ending 1/1/06

PLUMBING CONTRACTORS BOARD - Paul Honeycutt/term ending 1/1/06

WELL DRILLERS CONTRACTORS BOARD - Robert Bowden/term ending 1/1/06

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

-------

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-231, as shown on page _______, commending Brenda Carey for her services on the Seminole County Port Authority.

Districts 1, 2, 3 and 4 voted AYE.

Commissioner Carey abstained from voting.

-------

Chairman Henley nominated Bill Shaffer and Dr. DeHaven Batchelor to the Animal Control Board.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to appoint Bill Shaffer and Dr. DeHaven Batchelor to the Animal Control Board, for one-year terms ending January 1, 2006.

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

-------

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint Tom Greene to the Agriculture Advisory Committee, for a term ending January 1, 2008.

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

-------

Commissioner Carey announced her nominations for various boards and committees.

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

AGRICULTURE ADVISORY COMMITTEE - Imogene Yarborough & David Fauver/terms ending 1/07; and adopt appropriate Resolution #2004-R-248, as shown on page _______, commending Paul Kings for his service on same.

ANIMAL CONTROL BOARD - Lisa Giltner/term ending 1/06

HISTORICAL COMMISSION - John Bistline & Linda Bateman/terms ending 1/07

LIBRARY ADVISORY BOARD - Sheila Berry/term ending 1/07; and adopt appropriate Resolution #2004-R-249, as shown on page _______, commending Dorothy Woods for her services on same.

NATURAL LANDS COMMITTEE - Michelle Thatcher & Deborah Schafer/terms ending 1/07; and to adopt appropriate Resolution #2004-R-250, as shown on page _______, commending John Horan for his services on same; and adopt appropriate Resolution #2004-R-251, as shown on page _______, commending Andrew Van Gaale for his services on same.

PARKS & RECREATION ADVISORY BOARD - Sylvester Chang/term ending 1/06

BUILDING CONTRACTORS BOARD - Bob VonHerbulis/term ending 1/06

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

-------

Commissioner Dallari asked the County Attorney to research and report back to the BCC the criteria for alerting citizens of dangerous dogs in their areas and if that information could be put on the County’s web site.

-------

Commissioner Dallari invited everyone to join him in the “Relay for Life” to be held at Geneva Elementary this year.

-------

Commissioner Dallari complimented the County staff on a great job at the recent Rural Area Work Session regarding Chuluota and the Black Hammock areas.

-------

Commissioner Dallari announced his nominations for various boards and committees.

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

AGRICULTURE ADVISORY COMMITTEE - Dr. Timothy Moriarity & Tim Minter/terms ending 1/07; and adopt appropriate Resolution #2004-R-232, as shown on page _______, commending Jake Bebber for his services on same.

ANIMAL CONTROL BOARD - Chris LaSage/term ending 1/06

BOARD OF ADJUSTMENT - Tom O’Daniel/term ending 1/09; and adopt appropriate Resolution #2004-R-233, as shown on page _______, commending Lila Buchanan for her services on same.

DISABILITY ADVISORY BOARD - Jim Berko & Gary Larwood/terms ending 1/07; and adopt appropriate Resolution #2004-R-240, as shown on page _______, commending Deborah Staley for her services on same; and adopt appropriate Resolution #2004-R-234, as shown on page _______, commending Samuel Thompson for his services on same.

HISTORICAL COMMISSION - Phil Tua/term ending 1/07; and adopt appropriate Resolution #2004-R-235, as shown on page _______, commending Larry Fairbrother for his services on same.

LIBRARY ADVISORY BOARD - Tina Calderone/term ending 1/07; and adopt appropriate Resolution #2004-R-236, as shown on page _______, commending Patti Zelsman for her services on same.

NATURAL LANDS COMMITTEE - W. Steven “Steve” Edmonds, Jr./term ending 1/07; and adopt appropriate Resolution #2004-R-237, as shown on page _______, commending Daryl Leidigh for his services on same.

PARKS & RECREATION ADVISORY BOARD - Tom Boyko/term ending 1/06

PLANNING & ZONING COMMISSION - Matt Brown/term ending 1/09; and adopt appropriate Resolution #2004-R-238, as shown on page _______, commending Alan Peltz for his service on same.

SEMINOLE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - Doug Forner/term ending 1/09

PORT AUTHORITY - Thomas Kuhn & Elizabeth Dorworth/terms ending 1/09; and adopt appropriate Resolution #2004-R-239, as shown on page _______, commending Sean Concannon for his services on same.

BUILDING CONTRACTORS BOARD - Bill Miller/term ending 1/06

MECHANICAL CONTRACTORS BOARD - John Dwyer/term ending 1/06

PLUMBING EXAMINERS BOARD - Dan Shaw/term ending 1/06

WELL DRILLERS BOARD - F.N. Goodall/term ending 1/06

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

-------

Commissioner Morris requested the County Manager to bring back to the Board at the earliest possible date, information on changing from Lotus Notes to Outlook Express.

-------

Commissioner Morris requested the County Manager set forth a policy that deals with the authority on the day-to-day operations of the BCC Administrative Aides. He said he believes they need to protect the Aides in terms of service categories.

Mr. Grace stated he believes he can deal with this without Board action.

-------

Commissioner Morris requested that signs be set up in areas where road construction projects will be starting advising the public of start and completion dates.

The Board voiced no objections.

-------

Commissioner Morris requested that a Public Works project list be provided to Commissioners listing projects ongoing in their districts.

-------

Commissioner Morris requested that staff review the policy on fences and retention ponds and report back to the Board.

-------

Commissioner Morris requested that Commissioners be informed by the Sheriff’s Office and/or Public Safety when major incidents are transpiring in the County.

-------

Commissioner Morris announced his nominations for various boards and committees.

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

AGRICULTURE ADVISORY COMMITTEE - Jack Vaughan & Jim Hunter/terms ending 1/07

ANIMAL CONTROL BOARD - Debra Garrambone-McMenemy/term ending 1/06; and adopt appropriate Resolution #2004-R-244, as shown on page _______, commending Lori Wright for her services on same.

BOARD OF ADJUSTMENT - Mike Bass/term ending 1/09

DISABILITY ADVISORY BOARD - Rose Davis/term ending 1/07

HISTORICAL COMMISSION - Robert Hughes/term ending 1/07; and adopt appropriate Resolution #2004-R-245, as shown on page _______, commending Miriam Bruce for her services to same.

NATURAL LANDS COMMITTEE - Pat Burkett & Cecilia Height/terms ending 1/07; and adopt Resolution #2004-R-246, as shown on page _______, commending Cecil Thompson.

PARKS & RECREATION ADVISORY BOARD - Anthony Brown & Paula DaVoli/terms ending 1/06; and adopt appropriate Resolution #2004-R-247, as shown on page _______, commending Bruce McMenemy for his services on same.

SEMINOLE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - Andrew Van Gaale/term ending 1/09

PORT AUTHORITY - Bill Poe/term ending 1/09

BUILDING CONTRACTORS BOARD - James Gable/term ending 1/06

ELECTRICAL CONTRACTORS BOARD - Duane Pitts/term ending 1/06

PLUMBING EXAMINERS BOARD - Carolyn Cook/term ending 1/06

SWIMMING POOL BOARD - Leonard Greenbaum/term ending 1/06

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

-------

Commissioner Van Der Weide stated it appears the County staff has authority to approve certain communication towers and a tower was approved at the St. Andrews Church located on Bear lake Road. He requested, that in the future, staff notify Commissioners when camouflage communications towers are approved in their districts.

Mr. Grace agreed that Commissioners should be informed and he will make sure that happens in the future.

Planning Manager, Matt West, advised the tower in question is a 100-foot camouflage flag pole.

Commissioner Carey stated that as a new Commissioner, she would like to request a work shop be held regarding cell towers. Whereupon, Mr. Grace stated he will schedule same.

-------

Commissioner Van Der Weide noted the County has some sprinklers in the medians that are spraying into the road causing a hazard.

Mr. Grace stated he will check into this.

-------

Commissioner Van Der Weide advised he is in receipt of a request from Pat Telson of the Seminole County Housing Authority asking that their employees be considered for health insurance coverage under the County’s plan. He requested staff research this and report back to the Board.

-------

Commissioner Van Der Weide announced his nominations for various boards/committees.

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

AGRICULTURE ADVISORY COMMITTEE - Clay Hartsoe & Paul Klinger/terms ending 1/07

ANIMAL CONTROL BOARD - Dr. Stephen Wiseman/term ending 1/06

DISABILITY ADVISORY BOARD - Tracy Rackensperger & Doreen Kirk/terms ending 1/07

HISTORICAL COMMISSION - Fred Gains & Paul Zuromski/terms ending 1/07

LIBRARY ADVISORY BOARD - Margaret Johnson/term ending 1/07

NATURAL LANDS COMMITTEE - Ben Tucker & Grant Maloy/terms ending 1/07

PARKS & RECREATION ADVISORY BOARD - Beth Gerber/term ending 1/06

BUILDING CONTRACTORS BOARD - Marti Chan/term ending 1/06

ELECTRICAL CONTRACTORS BOARD - Gary Scarboro/term ending 1/06

MECHANICAL CONTRACTORS BOARD - Bill Ellis/term ending 1/06

PLUMBING CONTRACTORS BOARD - Dave Putz/term ending 1/06

SWIMMING POOL BOARD - Joe Fernandez/term ending 1/06

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

-------

Commissioner Morris announced he will be going to Washington D.C. this week to attend a meeting of the user group for the Federal Highway Administration.

COMMUNICATIONS AND/OR REPORTS

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

1. Fax dated 11/9/04 to Matt West, Planning Manager, and John Omana, City of Lake Mary, from Sandra Glenn, ECRFPC, re: Heathrow International Business Center DRI Notice of proposed change of name and increase of residential units.

2. Notice of 11/17/04 Seminole County Port Authority regular board meeting.

3. Memorandum dated 10/12/04 (with attachment) to BCC from Donald L. Jernigan, Florida Hospital, re: Florida Hospital Health Issues Brief, October 2004 edition.

4. Copy of letter dated 11/10/04 to Quentin “Bob” Beitel, Markham Woods Assoc., from Kevin Grace, County Manager, re: property from Stratford Homes, Markham Woods Road at Long Pond Road.

5. Copy of letter dated 11/9/04 to Lisa Campbell from Don Fisher, Deputy County Manager, re: water intrusion resulting from recent hurricanes.

6. Copy of memorandum dated 11/12/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submission into County Records.

7. Copy of letter dated 11/12/04 to Jeff, Beth & Avery Sponsler from Jane Peterson, Library Services, re: appreciation of donation in memory of Jonathan Patrick Matthews.

8. Copy of letter dated 11/15/04 to Ray Gilley, EDC of Mid-FL, from Commissioner Morris re: appointment of Commissioner Brenda Carey as liaison to the EDC replacing Commissioner Maloy.

9. Notice of 11/18/04 City of Oviedo Land Planning Agency public hearing and 12/20/04 Oviedo City Council public hearing RE: zoning of property on south side of CR 419, east of Lockwood Blvd.

10. Notice of 11/22/04 City of Sanford public hearing-annexation re: property between W. 18^th St./W. 20^th St. and Merthie Dr./Roosevelt Ave.

11. Copy of identical letters dated 11/03/04 to Representative Mealor, Senator Cowin, Senator Posey, Representative Simmons, Senator Webster, Representative Adams and Representative Baker from Larry Dale, President/CEO, Orlando-Sanford Airport re: 4-laning SR 46.

12. Notice and agenda for 10/21/04 Seminole Co. Historical Commission meeting

13. Notice and agenda for 11/18/04 Seminole Co. Historical Commission meeting.

14. Letter dated 11/08/04 to Chairman (with attachment) from Thelma McPherson, Casselberry City Clerk re: Annexation of Bruster’s Ice Cream Property. (cc: BCC, Co. Manager, Deputy Co. Managers, Property Appraiser, Planning & Development Director, Supervisor of Elections)

15. Copy of letter dated 11/17/04 to Catherine Reischmann, Esquire, Stenstrom, McIntosh, Colbert, Whigham, Reischmann, & Partlow, PA (with attachment) from Stephen Lee, Deputy Co. Attorney re: Public Records Request re: San Pedro Retreat.

16. Letter dated 11/18/04 to BCC from Diane Pickett Culpepper, Bright House re: Channel addition and changes.

17. Letter received 11/22/04 to BCC (with attachment) from William Merck, II, Vice President Administration & Finance, University of Central Fl. re: UCF Master Plan.

18. Letter dated 11/19/04 to BCC (with attachments) from Pete Barr, Jr., President/CEO, Fry Hammond Barr re: Impact of hurricane season on Central Fl. residents.

19. Copy of letter dated 11/22/04 to Ronald McLemore, Winter Springs City Manager, from J. Kevin Grace, Co. Manager re: Annexation of Rook Property.

20. Letter dated 11/17/04 to Chairman from Mary Kay Cariseo, Executive Director, Fl. Association of Counties re: Vacancy on FAC Board of Directors.

21. Copy of letter dated 11/19/04 to Mary Kay Cariseo, Executive Director, Fl. Association of Counties from Chairman re: Filling of vacancy on FAC Board of Directors.

22. Copy of letter dated 11/18/04 to Harry Barley, Executive Director, MetroPlan, from Chairman re: Temporary appointments.

23. Copy of letter dated 11/15/04 to Ray Gilley, President/CEO, Economic Development Commission of Mid-Fl. from Chairman re: Temporary appointment to EDC Board.

24. Letter dated 11/15/04 to BCC (with attachment) from Michael Granger, Tax Audit Supervisor, Dept. of Business & Professional Regulation re: Share of license fees.

25. Copy of letter dated 11/22/04 to William Monroe, CPA, Auditor General (with attachment) from Lisa Spriggs, CPA, Director of Fiscal Services re: Response to Seminole Co. Transportation Trust Fund audit.

26. Letter dated 11/20/04 to BCC from Jane Gaydick re: Opposition to special exception for a cell tower. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning Manager, Principal Planner)

27. Letter dated 11/14/04 to Chairman (with attachments) from Charles Gauthier, Chief of Comprehensive Planning, Dept. of Community Affairs re: Findings for Comprehensive Plan Amendment. (cc: BCC, Co. Manager, Deputy Co. Managers)

28. Agenda and notice of Sanford Community Development Agency meeting to be held 12/01/04. (cc: BCC, Co. Manager, Deputy Co. Managers, Economic Development)

29. Notice of 12/02/04 Public Hearing to consider Comprehensive Plan Amendment for City of Sanford. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Support Services)

30. Notice of 12/02/04 Public Hearing to consider rezoning for City of Sanford. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Support Services)

31. Copy of identical letters dated 11/23/02 to the Seminole Legislative Delegation from the Chairman re: Department of Juvenile Justice funding.

32. Letter dated 11/24/04 to BCC from Diane Culpepper, Bright House re: Price reductions for services and materials.

33. Memorandum dated 11/24/04 to BCC (with attachment) from J. Kevin Grace, Co. Manager re: Capital Project Fund Transfer.

34. Copy of letter dated 11/30/04 to Ken Roberts, Public Safety Director from Michael J. DeLorenzo, Bureau Chief, Preparedness & Response, Dept. of Community Affairs re: Intent to review the Seminole Co. Comprehensive Emergency Management Plan. (cc: BCC, Co. Manager, Deputy Co. Managers)

35. Letter dated 12/01/04 to Chairman from Karen Willis, Executive Director, Seminole County Coalition for School Readiness, Inc. re: Thank you for support of $75,000. (cc: BCC, Co. Manager, Deputy Co. Managers)

36. Notice of annexation public hearing, City of Winter Springs, December 13, 2004. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning Manager, Planning & Development Director, Property Appraiser, Supervisor of Elections)

37. Notice of cancellation of Fl. Public Service Commission meeting on 12/03/04. (cc: BCC, Co. Manager, Deputy Co. Managers, Franchise Coordinator, Co. Attorney)

38. Copy of letter of appreciation dated 11/30/04 to attached corporations, organization and individuals from J. Kevin Grace, Co. Manager re: Assistance during recent hurricanes.

39. Seminole Co. Public Safety Coordination Council meeting minutes from 11/18/04.

40. Contract for services, as shown on page _______. between Seminole County and the following: Martin Koller (Slow Pitch Softball Umpire), Daniel Keating (Tennis Instructor), and Gerald Meter (Slow Pitch Softball Umpire).

41. Letter dated 12/08/04 to Chairman (with attachment) from Richard Wesch, Citrus County Administrator re: Resolution to support placing the burden of funding juvenile detention on the State. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Bobby Brantley-Co. Lobbyist)

42. Notice of City of Oviedo Public Hearing for replat for River Oaks Reserve Commercial Tract on 12/20/04. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Property Appraiser)

43. Notice and agenda for City of Sanford Waterfront Master Plan Steering Committee Meeting on 12/14/04. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning Manager)

44. Letter dated 12/08/04 to Chairman from James Davis, AICP, Design Project Manager, University of Central Fl. re: Adoption of 2005-2015 UCF Campus Master Plan. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Property Appraiser)

45. Memorandum dated 12/10/04 to Co. Commissioners, Co. Administrators, Co. Attorneys (with attachments) from Mary Kay Cariseo, Executive Director, Fl. Association of Counties re: DJJ Litigation.

46. Letter dated 12/06/04 to BCC from Mary Kate O’Leary, Executive Director, Girls and Boys Town re: Appreciation for $1000 cash donation. (cc: Co. Manager, Deputy Co. Managers, Community Services Director)

47. Letter dated 12/03/04 to BCC from Diane Pickett Culpepper, Bright House re: Changes in channel lineup.

48. Letter dated 12/08/04 to BCC (with attached photos) from Joe Montisano, CEO, Central Fl. Zoological Park re: Update on zoo expansion. (cc: Co. Manager, Deputy Co. Managers)

49. Letter dated 11/30/04 to BCC (with attachment) from John Saboor, Executive Director and Doug Barclay, Seminole County Marketing Manager, Central Fl. Sports Commission re: November update.

50. Letter dated 12/07/04 to Chairman from Margot Knight, President & CEO, United Arts of Central Fl. re: Appreciation of $25,000 installment. (cc: BCC, Co. Manager, Deputy Co. Manager, Community Services Director)

51. Letter dated 12/07/04 to BCC from Frederick Nelson, American Liberties Institute re: Supreme Court denial of Plaintiffs’ Petition for Writ of Certiorari. (cc: Co. Manager, Deputy Co. Managers, Co. Attorney)

52. Copy of letter dated 12/08/04 to Mr. & Mrs. Bob Cope from Don Fisher, Deputy Co. Manager re: Appreciation for recognition of Building Department.

53. Copy of letter dated 12/08/04 to Ronald McLemore, Winter Springs City Manager from J. Kevin Grace, Co. Manager re: Paint Color on trail bridge over SR 434.

54. Memorandum dated 12/08/04 to BCC (with attachments) from J. Kevin Grace, Co. Manager re: Juvenile Justice Funding.

55. Notice and agenda for Seminole Co. Port Authority Board meeting 12/15/04.

56. Identical copies of letters dated 12/08/04 to the Seminole County Legislative Delegation from Chairman re: DJJ Funding issues.

57. Memorandum dated 12/07/04 to Co. Commissioners, Co. Administrators, Co. Attorneys, Co. Lobbyists (with attachments) from Mary Kay Cariseo, Executive Director, and Carol Bracy, Legislative Director, Fl. Association of Counties re: Funding of Juvenile Detention Facilities.

58. Memorandum dated 12/06/04 to BCC and Co. Manager (with attachment) from Jerry McCollum, Co. Engineer re: Tentative FDOT 5-Year Work Program.

59. Memorandum dated 12/06/04 to BCC (with attachments) from J. Kevin Grace, Co. Manager re: Issue Briefs.

60. Copy of letter dated 7/28/04 to Governor Bush (with attachment) from Kirby Green, Executive Director, St. Johns River Water Management District re: Tentative Budget Submission for FY 04/05. (cc: BCC)

61. Copy of letter dated 12/06/04 to J. Kevin Grace, Co. Manager (with attachment) from Ronald McLemore, Winter Springs City Manager re: Painting of trail over SR 434.

COUNTY MANAGER’S REPORT

County Manager, Kevin Grace, requested Board action on the Budget Amendment Resolution for the settlement package relating to the Markham Woods Road & Drainage Improvement project (County Attorney’s Consent Agenda Item #71) in the amount of $275,000.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Budget Amendment Resolution #2004-R-242, as shown on page _______, in the amount of $275,000, for the Markham Woods Road & Drainage Improvement project.

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

-------

Mr. Grace distributed a draft letter (copy not received & filed) to be sent to the Legislative Delegation regarding the Department of Juvenile Justice funding issues. A brief discussion ensued.

Mr. Grace stated he will work with the Chairman on the specific language before same is sent.

-------

Discussion ensued with regard to the Trail Bridge (SR 434) paint color.

County Engineer, Jerry McCollum, advised the City of Winter Springs wants the bridge painted teal and the Board had approved the paint color to be sand/grey. He displayed artist renderings (not received & filed) of the original color and the various colors proposed by the City. He explained that he stopped the contractor last week when the City made their request. Part of the bridge has already been painted and if it has to be repainted, it will cost approximately $10,000. The painters are waiting on a decision and he expressed his concern with the possibility of the contractor filing a claim (for delay) with the County. He added that teal is not an approved FDOT color.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to instruct Mr. McCollum to get with the appropriate City representative to select a color subject to the City paying whatever the cost of changing the color.

Discussion ensued.

Commissioner Carey suggested coming up with a standard color for all bridges.

Commissioners Dallari and Van Der Weide withdrew their motion in order for the District Commissioner to offer one.

Motion by Commissioner Morris, seconded by Commissioner Dallari to direct staff to determine if the Winter Springs City Commission has opined on this subject (color for the trail bridge) and if they have, go with whatever they select at their cost; if they have not, have them select a color from the FDOT approved colors.

Additional discussion ensued.

Mr. McCollum reiterated that he has instructed the contractor not to work until this issue is settled and there may be claims filed.

Chairman Henley stated whatever the cost, it should be passed on to the City.

Upon inquiry by Mr. McMillan, Mr. McCollum advised if the contractor were to continue painting the original color and the City then wanted it changed, the cost to repaint it would be at least $100,000.

Commissioners Morris and Dallari withdrew their motion.

Chairman Henley suggested the Board direct the Chairman, District Commissioner, County Manager and County Engineer to meet with the Winter Springs City Manager as soon as possible with an approved FDOT selection of paint and work this issue out, with the City’s concurrence to be in writing.

The Board voiced no objections to the Chairman’s suggestion.

-------

The Chairman recessed the meeting at 4:45 p.m., reconvening at 7:00 p.m., this same date, with all Commissioners (with Commissioner Carey being late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PUBLIC HEARINGS

BOA APPEAL/Bob Chopra/Wireless

Facilities/Cingular Wireless

Continuation of a public hearing to consider request for an Appeal of the Board of Adjustment’s denial of a (1) special exception to establish a 150 ft. tall “ecclesiastical” camouflage communication tower in the A-1 (Agriculture District); and (2) associated variances from 450 ft. to 350 ft., 450 ft. to 250 ft., 450 ft. to 237.4 ft. and 405 ft. to 300 ft. to reduce the minimum separation distance required between a proposed 150 ft. tall “ecclesiastical” camouflage communication tower and properties with single-family residential dwellings, as described in the proof of publication, Bob Chopra/Wireless Facilities/Cingular Wireless.

Matt West, Planning Manager, addressed the Board to state the applicant has requested that this item be continued to January 25, 2005. Copy of request for continuance was received and filed.

Motion by Commissioner Morris, seconded by Commissioner Dallari to continue to January 25, 2005 at 7:00 p.m., or as soon thereafter as possible, request for an Appeal of the Board of Adjustment’s denial of a (1) special exception to establish a 150 ft. tall “ecclesiastical” camouflage communication tower in the A-1 (Agriculture District); and (2) associated variances from 450 ft. to 350 ft., 450 ft. to 250 ft., 450 ft. to 237.4 ft. and 405 ft. to 300 ft. to reduce the minimum separation distance required between a proposed 150 ft. tall “ecclesiastical” camouflage communication tower and properties with single-family residential dwellings, as described in the proof of publication, Bob Chopra/Wireless Facilities/Cingular Wireless.

Quentin Beitel, President of the Markham Woods Association, addressed the Board to state this issue has been continued several times and the Markham Woods Association has gone through some expense to notify people.

Commissioner Carey entered the meeting at this time.

Mr. Beitel stated this request has been around for over a year and he would request the Board to deny the appeal.

District Commissioner Carey stated she had discussed this extensively with the applicant. She stated she asked the applicant to postpone this so she can further address cell towers. She said she requested that this item be continued as this is a bigger issue than just this one particular cell tower. She added hopefully the Board will schedule a mini work session about cell towers and give them an opportunity to meet with the applicant as well as the homeowners.

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

BOA APPEAL/Mathew & Lara Cato

Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to deny request for a special exception to establish a landscape contractor’s business as an accessory use to a wholesale nursery in the A-1 (Agriculture District) located at 5573 1^st Street in Sanford, Florida, Mathew and Lara Cato, received and filed.

Mr. West stated staff has received a fax from the applicant requesting that this item be withdrawn.

Chairman Henley stated no action is required on this item.

AMENDMENT/REZONE/Javier E. Omana

Proof of publication, as shown on page _______, calling for a public hearing to consider request for a Large Scale Land Use from LDR to PD and Rezone from A-1 to PCD, and approval of a Development Order on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, Javier E. Omana, received and filed.

Jeff Hopper, Planning, stated the applicant is proposing a mixed-use retail, office and residential development on the site, to be known as Mikler Shops. He stated the Board approved transmittal of this item to the Department of Community Affairs (DCA) on September 14, 2004. The site plan shows a total of six buildings ranging in size of 7,000 to 40,000 sq. ft. Buildings A, B and F are entirely retail commercial and Buildings C, D and E are proposed to be two-story structures with ground floor as commercial and the second floor as office and/or residential uses. The property would be limited to a maximum of 140,000 sq. ft. of retail and 54,000 sq. ft. of office uses. There will be 50 multi-family dwelling units on the site. He reviewed the access to the site. He stated approximately the south 1/3 of the property will be used as stormwater retention and the water related amenity will feature public gathering spaces, fountains, a possible pier, and a pedestrian bridge to Mikler Road. He said the DCA raised two issues pertaining to the water consumption and the County’s capacity of serving the property based on the consumptive use permit from the St. Johns River Water Management District (SJRWMD). However, a revised projection by the Environmental Services Department indicates that water use by the PCD would be less than what is projected under the existing LDR residential land use designation. This information has been submitted to SJRWMD. He submitted an e-mail (received and filed) from SJRWMD indicating that this comment has been adequately addressed. The second issue consists of a comment from the DCA indicating that the property has at least a moderate possibility of containing an archaeological site. Staff recommends that the development order should include a requirement for a historical resource survey prior to the final master plan approval. He stated staff recommends approval of the request subject to the conditions outlined in the Agenda Memorandum including the following: (1) No structures or parking shall be permitted within 500 ft. of Mikler Road; (2) Allowable uses shall be permitted for conditional uses in C-1 but not including gasoline pumps and hospitals; (3) Drive-thru businesses shall be prohibited; and (4) No motorized water craft shall be permitted in lake areas. He informed the Board that this plan amendment would be adopted through a combined ordinance covering all the Large Scale Amendments on the fall cycle. This will be done this evening under Item #104.

Javier Omana, CPH Engineers, addressed the Board to state he is here on behalf of the property owners. He stated Walmart selected this property for a super center two years ago and that application was withdrawn. He said he and the property owner reviewed issues as to what they can do with this property. They also reviewed notes with regard to the residents’ comments of what they wanted on this property. It was noted several months ago that this site is ideally suited for a mixed-use type project. It was difficult to overcome some of the design challenges. In working with staff, the Coalition and the property owners, they believe they have arrived at a plan that will work well. He stated the staff and the Planning & Zoning (P&Z) Commission recommends approval. He displayed and reviewed the overall bubble plan and the original plan that was submitted with the application. This plan incorporates certain aspects of design and staff wanted them to improve it. He stated he has managed to introduce some aspects in making it a more “intra-village” concept. The proposed bubble plan incorporates those aspects. One aspect is they have repositioned the potential location of buildings by creating an internal spine road with street furniture and a pedestrian scale that will create a village design. The retention area has been turned into an amenity and he hopes that this will soften the impact of the water body. He said he has committed to adhering to the landscape standards along Lake Mary Blvd. The buffer setbacks exceed the minimum of the PUD. He added he feels the plan will fit nicely with this changing area.

Greg Pryor, Oviedo resident, addressed the Board to state he represents the Red Bug Residential Coalition. He reviewed the history of the property as well as the surrounding areas with regard to the zoning changes and maximum building size. He advised the Coalition is here in support of the development order, but the Board must make sure that it is adhered to.

Upon inquiry by Commissioner Morris, Mr. Pryor advised the Coalition’s job is to make sure that the Board does everything they can to represent the interest of the people and to make the best deal they can.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Commissioner Dallari asked Mr. Omana why does he want to go from LDR to Commercial. He asked why should he go with Commercial and is there such an over saturation of Residential that they need to put in Commercial.

Mr. Omana advised he doesn’t believe there is an over saturation of commercial or residential quality development. He stated there is over 100 ft. of muck onsite and they must make that soil work for building pads, homes or any type of structure. There has been extensive geotechnical information on this property that has been transmitted to staff and the Coalition as to why this piece of property is best suited for this type of development.

District Commissioner Dallari stated he does not want to deny the request, but he feels the plan needs to be reworked. He added that he feels the property is too dense for commercial.

Motion by Commissioner Dallari to continue for 30 days, request for a Large Scale Land Use Amendment from LDR to PD and Rezone from A-1 to PCD, and approval of a Development Order on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as described in the proof of publication, Javier E. Omana, in order to allow the property owner to revisit the proposal.

Mr. West stated this is a Large Scale Amendment that has to be voted on this year or else this item will have to go with the next Large Scale Amendment cycle in 2005.

Upon inquiry by Commissioner Carey, Mr. West advised if the amendment is approved tonight, the square footage would be approved. The Board couldn’t reduce the entitlement for commercial.

Motion by Commissioner Dallari, seconded by Commissioner Morris to deny request for a Large Scale Land Use Amendment from LDR to PD and Rezone from A-1 to PCD, and approval of a Development Order on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as described in the proof of publication, Javier E. Omana.

Under discussion, Commissioner Morris stated the entire issue has been troubling to him since the original parcel was done. He stated he recalls that there were objections from the City of Oviedo because of the traffic issues. He said he felt uncomfortable at the last hearing when it was advanced because the applicant had not compromised with the Coalition in this process. He added he doesn’t understand why the Board couldn’t continue this item to the Spring Cycle.

Mr. West stated the Board could continue it but the next adoption process would not occur until May or June 2005. He stated if the Board continues this to January and then approves it, it will have to wait until May or June 2005 for the rest of the Spring Cycle to be voted on.

Commissioner Carey stated this proposal is a situation where everyone would like to have approved as a mixed use. The Red Bug Coalition has worked hard with the applicant to try to make it work. When the property owner has gone above and beyond in working with the community, she would hate to see the Board miss an opportunity because they could come back at the next cycle and ask for something else. She stated she would really like to move forward with this.

Commissioner Van Der Weide stated the Board voted to transmit this issue to the DCA on September 14, 2004 and he would like to know what has changed since then. He stated he has met with the Red Bug Coalition many times and the fact they have worked this out, he has concerns with trying to change it at this time.

Commissioner Dallari stated he has been reviewing this plan since inception. When he was a City Commissioner with the City of Oviedo, they sent the Board a letter relative to traffic and density issues.

Commissioners Dallari and Morris withdrew their motion.

Motion by Commissioner Dallari, seconded by Commissioner Morris to continue to February 22, 2005 at 7:00 p.m., or as soon thereafter as possible, request to adopt Ordinance that includes the proposed map amendment from LDR to PD; and Rezone from A-1 to PCD, and approval of a Development Order on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as described in the proof of publication, Javier E. Omana.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide voted NAY.

AMENDMENT/REZONE/Justin Pelloni

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance for a Large Scale Land Use Amendment from Office to PD (Planned Development); and adoption of Ordinance to Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development) on approximately 27.2 acres located on the northeast corner of Orange Blvd. and CR 46A subject to the Preliminary Master Plan and Development Order, Justin Pelloni, received and filed.

Tina Deater, Planning, stated the applicant is proposing mixed-use development consisting of 19,500 sq. ft. of office and retail uses at a maximum floor area ratio of .03 and a maximum of 320 condominiums and townhomes at a net density of 20.25 units per net buildable acre. She stated the P&Z Commission recommended transmittal of the amendment and approval of the rezone subject to the Preliminary Master Plan and Development Order. However, at the time of their meeting, the Board was not aware of the water resources, school, and economic development issues. At the September 14, 2004 BCC hearing, three issues were discussed relating to the School Board objections, SJRWMD objections regarding potable water and whether or not the proposed economic development complies with the goals, objections and policies of the Economic Element of the Vision 2020 Comprehensive Plan.

Matt West, Planning Manager, advised on September 14, 2004, the Board voted to transmit this item to the Department of Community Affairs (DCA) and they returned objections based on inadequate information relating to potable water. Staff had several meetings with the applicant and Environmental Services Department and they tried to set up a list of priorities about how they would like to address potable water capacity. Bob Adolphe, Environmental Services, indicated that there is water capacity for this project, but converting from Office to Residential increases the demand for potable water capacity.

Kevin Grace, County Manager, left the meeting at this time.

Mr. West stated the applicant and St. Johns River Water Management (SJRWMD) had concerns that adequate information was not provided as to what is the demand of this project and had it been figured into the consumptive use permit capacity, and is it being coordinated with the County’s water 2020 Plan. He stated Mr. Adolphe worked with SJRWMD and provided information to them. The County decides where the water resource is expended and to what type of uses and developments they want to supply the varying demands of water. About 50,000 extra gallons a day will supply 320 units as opposed to office uses. Staff has concluded that they can get a well permit from SJRWMD and since the well is so small, they would not need to get a consumptive use permit. The applicant would only have to go to the Department of Environmental Protection to get a water plant permit. There were discussions about mitigating the impacts and switching that over to reclaimed water and that would reduce the demand to about 15,000 gallons a day. There were also discussions about the package plant costing around $200,000 or more and rather than building the package plant, they could look at projects to retrofit reclaimed water into neighborhoods. The final solution for the water issue is to get SJRWMD to increase the consumptive use permit. He said the second issue is the School Board and they have sent their objections to staff. The DCA recognized this objection by placing it as a comment in their report to staff. He reviewed the history of how they have gotten to the perspective of economic development. He read a portion of the Economic Strategic Plan.

Mr. Grace reentered the meeting at this time.

Mr. West continued by stating that part of the discussions in the Economic Strategic Plan talks about periodically evaluating the Comprehensive Plan and based on the Strategic Plan, there are policies that discuss the need to shift the tax burden from residential properties to nonresidential properties. He stated 25% of property taxes are paid by nonresidential properties and that ratio has been maintained for the last 10 to 12 years. The Plan indicates that that ratio needs to be focused on a long-term strategy so it can be shifted over so that the burden is less on residential. The Economic Element adopted policies that look at HIP areas and when you look at the economic element, the map shows three target areas. He displayed a map and reviewed the following target areas: the airport area, the HIP area, and the north I-4 target area. He stated one of the arguments the Board is going to hear is the property in question does not have a HIP land use and it never did. Several years ago it went from Suburban Estates to Office. When the Board adopted the new economic element, it broadened the definition of what that target area in. A lot of the economic element is about investment of public monies and infrastructure and the County invested a tremendous amount of money to bring target businesses to this area. The County provided incentives of approximately $4 million in this area from 1995 to 2004, and the County invested over $15 million to put in International Parkway. Water and sewer and reclaimed lines were installed along that roadway. The Heathrow/Lake Mary Interchange helped bring in money to target industries and high paying jobs to this portion of the County to relieve the tax burden to taxpayers. He stated staff became aware of a report regarding the value of office uses and office land in the local economy. He said Mr. Pelloni has also submitted a study regarding the economic value and comparison of converting the land in question from Office to Townhomes. The report from the National Association of Industrial Office Properties (NAIOP) dated October 2002, paints a glowing picture about the important contribution of office. Staff is requesting this item be continued so they can look at the economic scheme for development and to achieve the aims of the economic strategic plan. He displayed and reviewed what is driving this economic growth. He also displayed and reviewed how important office and industrial are to the economy; indirect effects, and what property types pay the biggest share of property taxes in Seminole County and surrounding counties. He stated staff is recommending that this item be continued to the next cycle so they can conduct the economic study. Once this property changes land use, it is basically a done deal for the next 20 or 30 years. That is why he feels it should be looked at further in depth. Staff is reviewing several other land use amendments that the Board will be seeing in the next cycle with regard to economic, school, and water impacts.

Upon inquiry by Chairman Henley, Mr. West advised Ed McDougal, University of Florida, did the NAIOP report.

Chairman Henley stated staff is requesting a continuance of this item and the question is whether this Board wants to continue it or go through a discussion and then decide on it.

District Commissioner Carey stated she would recommend that the Board not continue this item. It has been transmitted to the DCA, and it has been postponed a number of times, therefore she would recommend moving forward with the hearing tonight.

Commissioner Morris stated the development trends were wrong in the early 90’s and the County had very little Office. The Board stopped the trend from going one way (residential) and they increased the nonresidential portion to office. At the transmittal hearing, the Board cautioned the applicant that they were at risk. The minutes indicate that the Board discussed with staff that there is a need for these studies to be done. He stated he indicated at that meeting that he doubts that this could be done by the time the item came back in December. The Board urged staff to do it posthaste.

Mr. West stated staff has started the study, but it is not complete.

Commissioner Morris stated the Board indicated that there were critical issues with the School Board. The Board in no way gave the applicant a sense that they were in favor of the project. He stated he feels there are significant merits to this project and would like to continue this until February so that they can get answers.

Commissioner Carey stated she has had discussions with the applicant and he indicated that he would like the Board to move forward with this request whether the vote goes up or down.

Upon inquiry by Commissioner Morris, Mr. West advised the applicant has made requests to delay this project.

Commissioner Carey stated she would like for the Board to move forward with this.

Commissioner Van Der Weide stated he feels that if the District Commissioner wants to move forward with this project, then the Board should do so.

Upon inquiry by Commissioner Carey, Jim Pelloni, applicant, addressed the Board to state they have done about 1½ to two years of work on this project and he would like the Board to move forward with it tonight.

Commissioner Morris stated staff is estimating that the studies will be done and the Board would be prepared to render a decision in February.

Mr. Pelloni requested time to consult with his attorney. Discussion ensued with regard to continuing or hearing this item tonight.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to hear the Large Scale Land Use Amendment, Justin Pelloni, tonight as a public hearing.

Under discussion, Commissioner Dallari stated he believes the Board is asking Mr. Pelloni to take the position to either continue this or hear it tonight.

Mr. Pelloni advised he would prefer this item be heard this evening.

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

Chairman Henley recessed the meeting at 8:25 p.m., reconvening at 8:33 p.m.

Jim Pelloni, applicant, introduced members of the law firm of Lowndes Drosdick Doster Kantor & Reed, members of Miller Sellen, the Gauss family, and representatives of the Heathrow Association. He reviewed the history of the project. He displayed an aerial map (received and filed) and reviewed the location of the proposed site.

Justin Pelloni addressed the Board to review the surrounding sites as outlined on the aerial map.

Jim Pelloni continued by reviewing a PowerPoint Presentation (received and filed) regarding The Issues relative to Economic; Precedent; Water; and School. He stated the key issue is the economic effect and he feels there are solutions for the school and water capacity issues.

Justin Pelloni displayed and reviewed the Northern, Northwest Sanford and Seminole County areas, the Northeast Sanford and the Lake Mary Planning Areas (received and filed).

Jim Pelloni displayed and reviewed the major jobs and housing average in north Seminole County (received and filed).

Justin Pelloni displayed and reviewed a portion of the Vision 2020 Comprehensive Plan (received and filed) relating to the analysis of the Evaluation and Appraisal Report outlined in staff’s report.

Jim Pelloni also displayed and reviewed the office vacancy rate in Lake Mary (Advantis, Tramell Crow, & Colliers Arnold). He stated they are working with the City of Lake Mary for a 110,000 sq. ft. office condominium on property they were invited to develop at the intersection of 46A & Rinehart Road. They are buying back the lot at Park Place and they are going to build more office space there. He said with the 40,000 sq. ft. already built, the total square footage developed over the last year and next year would include 183,000. He displayed and reviewed the Residential Average Sales Price by County (received and filed). He explained why he got involved with this property. He stated they try to attend UAI, ISC, and National Home Builders Association meetings to collect state-of-the-art ideas.

Justin Pelloni displayed and reviewed Comp Policy TRA 5.2, Promote Mixed Use Centers; Policy FLU 5.2, Mixed Commercial/Residential Use Development; Policy HSG 1.6, Infill Development; and Policy DES 4.1, Encourage Infill, Redevelopment and Intensification of Existing Development Corridors and Centers of the Vision 2020 Plan. All were received and filed. Policy FLU-5.9, North I-4 Corridor Intensity Planned Development-Target Industry (HIP-TI) Permitted Uses and Location Standards was received and filed.

Jim Pelloni stated the P&Z unanimously approved the project because it did comply with the Vision 2020 Plan. He stated he is planning to price this (fee simple) project at about the County’s medium, around $300,000. He displayed and reviewed issues relating to Precedent and Not in the HIP District (received and filed). He displayed and reviewed an aerial outlining the HIP district in black. He continued by reviewing the issues dealing with Precedent: Not part of an existing development; Contiguous on two sides with residential uses; Future land use was originally designated residential; Popular support; Walking distance to restaurants and retail; Not a rental community; and An unusual assemblage. He explained how they proceeded with the water issues. Staff came up with another plan that they spend the package plant money to convert and accomplish that reclamation by saving the aquifer. That would make St. Johns River Water Management District happy. He stated he is aware of the sensitivity of the school issue, therefore, he went to staff to see what they would recommend. He advised 23 students are projected to come from this project. He displayed and read the last paragraph of the School Impact issues (received and filed) as outlined in the staff report. He said staff advised him to not enter into negotiations, or turn this into an assessment but to handle this sensitively. He stated he would like to offer a suggestion of paying $100,000 into escrow for school impacts and that it be used solely at the BCC’s discretion. He added he feels he has made every effort to listen to the County. He added that if the Board continues this item, they will be set back longer than they have with the contract time and it is not viable.

Upon inquiry by Commissioner Morris, Tom Tomlin, Economist for Miller Sellen Conner & Walsh, Inc., addressed the Board to advise the 1.23 job ratio adjusts when periods of employment are down. The national average is 1.25 and the economic numbers are not necessarily scientific numbers and they fluctuate. The national average is the customary benchmark that everyone looks at.

Upon further inquiry by Commissioner Morris, Mr. Tomlin advised he knows that Atlanta and California have taken the national average as central policy goals. The communities are taking a very serious look at trying to establish balance between jobs and housing and looking at these ratios.

Jim Pelloni informed Commissioner Morris that the reason why they came up with three office vacancy rates is there are new things coming on line and what they are trying to do is to look at the average.

Commissioner Morris stated he feels that residential prices in Seminole County have moved up more than 10%. He stated there are two planning districts and the County does not look at that those areas in isolation. The retail growth in the planning district to the east is one of the highest retail square footage growth rates per acre in the Central Florida market place.

Upon inquiry by Commissioner Morris, Mr. Pelloni read an excerpt from the staff’s report relating to school impacts.

John Simes, 642 Lakeworth Circle, addressed the Board to state he is the Co-Chairman of the Heathrow Government Affairs Committee. He stated he is authorized to speak on behalf of the entire Heathrow community. He said he has met with the applicant and he supports what they are trying to do, but he would be very concerned if there were high-rise commercial buildings abutting the Heathrow development. He added they also would be concerned with the traffic impact and the impact of cars coming in and going out during rush hour. The applicant has committed to height restrictions limiting to two stories and there will be no access to the development from Orange Blvd. He stated it appears to be a quality development and it has met all the residents’ concerns. The residents in the area would be able to live and work in the community and they would not have long commutes.

Blaine Darrah, 1624 Cherry Ridge Drive, addressed the Board to state he also is the Co-Chairman of the Heathrow Government Affairs Committee. He said the residents of Heathrow would rather see a low-density complex from their back windows rather than a large office building.

Upon inquiry by Commissioner Morris, Mr. Darrah advised he would not like to see apartments constructed there. The proposed project reduces the pressure on the school districts. He stated there are plenty of apartments that already exist in the area and they do not need any more of them.

Richard and Charlotte Gauss, 1000 Terra Bona Ct., addressed the Board to state they have lived on their property for over 20 years and they have seen many changes. Mr. Gauss stated he feels that the Pelloni’s development plan is a much better solution. He said they are not in the HIP area. The Pelloni’s have taken an option on his land as well as three adjoining parcels over 17 months ago and the closing was supposed to have been done within the year. The closing has been extended several times and now it is scheduled for 5/29/05. If this request is approved this evening, there is still a lot of work to go to even close on 5/29/05. He stated delays cause hardships on the families and he would like the Board to approve this item so everyone can get on with their lives. Why not have a first class development in which the area residents are in favor of. If this is not approved, the residents will fix up their homes and sit there until someone wants office space. The school needs can be taken care of as the project is being developed. If this is not enough, then increase the impact fees on all developers.

Jim Pelloni stated he has committed to restricting this to not be a rental development. He stated when the site permit is issued, he further commits to pay the school impact fees and they would pay $125,000 into a fund for reclamation and they would follow the County’s guidelines of how they want them to attain water. He said he would also pay $100,000 into an escrow account for the benefit of the School Board to only be dispersed at the discretion of the BCC.

Mr. West stated he wants to clarify that the school impact assessment as projected by the School Board is 73 students. He stated in comparing the town house addresses to the school enrollment, it is probably only half that amount. Staff has had discussions with the applicant and they have identified a real application of retrofitting a neighborhood by identifying the amount of money for a water package plant. Staff had discussions relating to the escrow for the School Board and they did not want to be involved in the money transaction of the impact fee commitments. He said Office may generate more traffic but the traffic impact will run at the opposite direction at peak hours as the residential traffic. Until a future traffic study is done, staff cannot be certain that the traffic patterns are going to be better or worse based on whatever development goes in. This project does meet compatibility, transition and a mixed-use concept, but from staff’s opinion, there is a quantity of policies that support this. Economic impact is one critical policy to consider in which quantity doesn’t overcome. If the Board decides to continue this item to February, what they could do in the interim, while it’s waiting to be included in the spring amendment cycle, is process the final PUD plan in that interim and the final engineering plan. The applicant would have to wait for the rest of the adoption package to the DCA for review. This could accelerate the time frame.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Carey stated she knows the Pelloni’s have been working with the School Board and they have committed to putting up $100,000 in escrow to be used at the Board’s discretion. Basically, the applicant has committed to making contributions over and above what the normal codes call for.

County Attorney Robert McMillan stated if it is a voluntary commitment, he couldn’t tell the Board that they cannot accept it. He said there have been circumstances in the past where property owners have made voluntary commitments and get their development order; and shortly thereafter, they sued the County and asserted that it was an illegal extraction. He said he is not going to tell the Board to not accept, but it is not without risk.

District Commissioner Carey stated there has been a lot of discussion of whether or not there is water. She stated 70% of the water coming out of the ground is being used for reclaimed. The developer has committed to taking the water supply from his properties of Oakmont and Park Place off line and use them for reclaim water. This development would take reclaim lines all the way down to Orange Blvd. She asked if they have water for this site.

Bob Adolphe, Environmental Services Director, addressed the Board to advise the County currently has water under their permit. Staff is trying as hard as they can to move forward in getting allocations for increased development in Seminole County. The County does have a retrofit project going into Heathrow. It wouldn’t be for just this project but for any project moving forward.

District Commissioner Carey stated she spent a lot of time studying the economic element. She stated she was one of the original real estate brokers in Heathrow and she has listened to the concerns the prior Board had about this, and she feels the water and school issues have been addressed. She said she feels that the International Corridor, all the way to CR 46, is the targeted area for the HIP district. There are a number of homes along Orange Blvd. that could convert to office. She said when all of the homes are built in the northwest corridor, Orange Blvd. is going to become a problematic intersection with having driveways along that area. She stated she feels that this is a great project and the Pelloni’s have done a wonderful job. There are other areas in her district that have a hard time staying open after dark because there is no residential mix. There must be a balance and this is a perfect transition piece between office and single-family residential.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve a Large Scale Land Use Amendment from Office to PD (Planned Development); and adopt an Ordinance for the proposed Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development) on approximately 27.2 acres located on the northeast corner of Orange Blvd. and CR 46A, subject to the Preliminary Master Plan and Development Order; with the following: height restrictions on the western boundary adjacent to Orange Blvd. to be 2 stories; no access on Orange Blvd.; the developer shall put into escrow $125,000 to go towards the water reclamation issue; and to restrict this development to no rental units, as described in the proof of publication, Justin Pelloni.

Under discussion, Commissioner Morris stated he agrees that this is a very good project. He stated the problem he has is they had discussions some time back that they would resolve these questions. The Pellonis brought up some interesting points and he feels that some of them need to be investigated further. Staff is in the middle of their analysis and that would be back in 45 days. He stated he would recommend continuing this as it will give the Board an opportunity to work out minor issues with the School Board as well as answering a lot of the questions relating to the economic development element. Therefore, he would offer an alternative motion to continue this item to the first meeting in February (8^th).

Commissioner Carey stated she has respect for Commissioner Morris’ opinions, but the decision to ask the issues pertaining to water and school have been addressed, therefore, she would decline the alternative motion.

Commissioner Van Der Weide stated he feels all the issues in the process have been addressed. The only issue here would be the school issue and the impact they are talking about is minute compared to what could be the impact to this property. He stated he doesn’t see where this kind of quality housing development, which is going to give more varieties and choices to the public, is having the kind of problem they are running into.

District Commissioner Carey stated the point is when the impact fees are paid, which is much further down the line; by the time they get to that point, the County would have enough time to address the school impact fees. She stated she did not include $100,000 for schools developer would have to would help the County with the reclaim conversion.

Chairman Henley stated he would agree that the Pellonis do quality work. He stated the impact fees are not an issue with him as to whether they are paid today or down the road. He said from a standpoint of the impact of what the job market might be down the road, they can only think of the existing situation. The situation with the School Board is due to the County not paying enough attention to that over the past several years. He would have to agree with Commissioner Morris that they need to complete the study before they start entertaining this issue. If the Board approves this, the opportunity for additional jobs as a result of the Office versus housing is something that is lost forever.

Commissioner Dallari asked if the $125,000 for reuse is adequate.

Mr. Grace stated he doesn’t know at this point, it depends upon what the project will be.

Commissioner Dallari stated the motion is for $125,000 for three commercial subdivisions and that needs to be more defined. He stated he would like clarification from staff as to what that dollar amount will be. He asked what is the height limitation for office on this property.

Mr. West stated it is 35 ft. for OP zoning. He stated three stories could be squeezed in that property.

Upon further inquiry by Commissioner Dallari, Mr. West advised the development order for Office indicates that the buffer adjacent to Orange Blvd. would be 25 ft. with a 6 ft. high masonry wall and the landscaping to be in compliance with the Code. The development order is set up to reduce the building height as it gets closer to Orange Blvd. The entitlement would allow the developer to go up to 5 story condominiums on the east side. He stated a preliminary traffic analysis has been done, and as he understands it, the level of services on those roadways can handle the additional traffic.

Discussion ensued between Commissioner Dallari and Jim Pelloni relating to continuing this item for two months. Mr. Pelloni stated he doesn’t feel those issues are going to change in two or four months, therefore, he requested the Board to get on with this so they can move forward with some other project.

Districts 3 and 5 voted AYE.

Commissioners Henley, Dallari and Morris voted NAY, whereupon the motion failed for lack of a majority vote.

Mr. McMillan advised the Board needs a motion to deny to disperse with this item.

Motion by Commissioner Morris, seconded by Commissioner Dallari to continue to February 8, 2005 at 7:00 p.m., or as soon thereafter as possible, request for approval of an ordinance for a Large Scale Amendment from Office to PD (Planned Development); and adoption of an Ordinance for the proposed Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development) on approximately 27.2 acres located on the northeast corner of Orange Blvd. and CR 46A subject to the Preliminary Master Plan and Development Order, as described in the proof of publication, Justin Pelloni.

Under discussion, Commissioner Van Der Weide stated the applicant has indicated that he doesn’t want this item continued, therefore, he will not support the motion unless he hears from the applicant that he wants to continue it.

Commissioner Morris stated if it is continued, the applicant could withdraw the request.

Upon inquiry by Commissioner Van Der Weide, Mr. Pelloni stated they will do their best as they know they have nothing to lose. He stated he appreciates the Board hearing this item tonight and he will take the continuance to see what he can accomplish.

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

Chairman Henley recessed the meeting at 10:15 p.m., reconvening at 10:22 p.m.

AMENDMENT/REZONE/Suncor Properties/Robert Horian

Proof of publication, as shown on page _______, calling for a public hearing to consider request for a Large Scale Land Use Amendment from SE (Suburban Estates) to LDR (Low Density Residential), and Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development) on approximately 14.27 acres, located on the southeast corner of Celery Avenue and Brisson Avenue, Suncor Properties and Robert Horian, received and filed.

Ms. Deater stated the subject property is the second phase of a single-family residential project that is being developed in the City of Sanford, immediately north of the subject property across Celery Avenue, known as Celery Estates North. Both projects are proposed at a maximum density of 4 dwelling units per net buildable acre. The Celery Estates South project is designed in accordance with the draft Celery Avenue Overlay Standards, except that in lieu of the 6-ft. clay brick wall required as part of the 25-ft. buffer along Celery Avenue, the applicant is requesting a landscaped earthen berm and wall combination. Staff believes that the earthen berm/wall combination would be acceptable if the City of Sanford approves such a combination for the Celery Estates North project, in order to provide continuity between the landscaping concepts of both developments. Staff recommends approval of the request subject to the conditions outlined in the development order. The Planning and Zoning Commission recommends approval of the request. The DCA did not have any objections, recommendations or comments on this request.

Upon inquiry by Commissioner Carey, Ms. Deater advised reclaimed water is not available in this area.

David Gerox (phonetic), CPH Engineers, addressed the Board to state there is a water line along Celery Avenue and the subdivision will be provided with reclaimed water.

Bob Horian, Suncor Properties, addressed the Board to state there will be 46 homes on above standard lots and it is very compatible to the area.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve a Large Scale Land Use Amendment that includes the proposed map amendment from SE (Suburban Estates) to LDR (Low Density Residential), and adopt Ordinance #2004-55, as shown on page ________, rezoning the subject property from A-1 (Agriculture District) to PUD (Planned Unit Development) on approximately 14.27 acres, located on the southeast corner of Celery Avenue and Brisson Avenue, subject to the Preliminary Master Plan and Development Order, as shown on page ________, as described in the proof of publication, Suncor Properties and Robert Horian.

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

2004 FALL LARGE SCALE ADOPTION ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing to consider request to enact an Ordinance adopting the previously approved Fall 2004 Cycle Large Scale Amendments to the Vision 2020 Seminole County Comprehensive Plan, received and filed.

Cathleen Consoli, Planning, addressed the Board to present the request as outlined in the Agenda Memorandum. She informed the Board of a typo in the backup indicating Spring Cycle and it should be Fall Cycle.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-56, as shown on page ________, adopting the previously approved Fall 2004 Cycle Large Scale Amendments to the Vision 2020 Seminole County Comprehensive Plan.

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

-------

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:30 p.m., this same date.

ATTEST:______________________Clerk______________________Chairman

cc/slm/er

SEMINOLE COUNTY, FLORIDA

DECEMBER 14, 2004

COUNTY MANAGER’S Consent Agenda

Economic Development

Environmental Services

Business Office

10. Approve and authorize J. Dennis Westrick, P.E. to execute the St. Johns River Water Management District’s (SJRWMD) Alternative Water Supply Construction Cost Sharing Grant.

Fiscal Services

Administration

Budget

MSBU

Purchasing

Information Technologies

Information Services

Library & Leisure Services

45. Approve and authorize Chairman to execute Agreement, as shown on page _______, with the Museum of Florida History for use of three traveling exhibits as part of the Museum expansion program at the Museum of Seminole County History.

46. Approve and authorize Chairman to execute a Lease Agreement, as shown on page _______, with the Seminole Historical Society for space to operate a gift store at the Museum of Seminole County History.

47. Adopt appropriate Resolution #2004-R-220, as amended, as shown on page _______, updating Fines & Fees Resolution for the Department of Library & Leisure Services.

Planning & Development

Community Resources

Road Operations/Stormwater

61. Approve and authorize Chairman to execute Work Order #8, as shown on page _______, Agreement between Seminole County and the University of South Florida for work on the Seminole County Watershed Atlas Project.

62. Approve and authorize Chairman to execute the Permanent Drainage Easement and Temporary Construction Easement Agreements, as shown on page _______, from Seminole County’s Victim’s Rights Coalition, Inc., to Seminole County for County Road 15/Elder Creek Regional Stormwater Facility Project.

63. Approve and authorize Chairman to execute Agreement, as shown on page _______, between the Florida Department of Environmental Protection and Seminole County for the Club II Borrow Pit Stormwater Retrofit Project Infrastructure Improvements.

Tourism Development

County Attorney’s Consent Agenda

Litigation

Property Acquisition

Constitutional Officers Consent Agenda

Legislative Update

Regular Agenda

COUNTY MANAGER’S BRIEFING

REGULAR AGENDA, Continued

COUNTY MANAGER’S BRIEFING, Continued

PROOFS OF PUBLICATION

PUBLIC HEARINGS

USE AMENDMENT, THOMAS DALY

OF NON-AD VALOREM ASSESSMENTS

AMENDMENT/REZONE/Javier E. Omana

AMENDMENT/REZONE/Justin Pelloni

AMENDMENT/REZONE/Suncor Properties/Robert Horian

2004 FALL LARGE SCALE ADOPTION ORDINANCE

Purchas ing