Commissioner Morris stated Mr. Barrow has been way under-appreciated for everything he has done for the County.

Commissioner Henley expressed his appreciation to Mr. Barrow, stating he has received many compliments over his work.

COUNTY MANAGER’S CONSENT AGENDA

Commissioner Van Der Weide entered the meeting at this time.

Mr. Grace advised of Add-ons #9A, Grant proposal for the Seminole County Survey; and #57A, Surplus property located on 3790 Dike Road.

After a brief discussion with regard to Item #2, Letter of Understanding with O-Force, Mr. Grace stated he will pull this item until the 1:30 p.m. meeting in order to clarify this issue with Commissioner Henley.

Discussion ensued with regard to Item #18, CC-1219-03/TLC, Markham Trailhead Facility. Commissioner Henley suggested the Board set standards on all trailheads in the County.

Upon inquiry by Commissioner Henley, County Engineer, Jerry McCollum, addressed the Board to advise the State is paying for $500,000 of the trailhead cost.

Commissioner Henley stated he would like to see this scaled back to the amount budgeted by the State ($500,000).

Discussion ensued between Commissioner Morris and Mr. McCollum with regard to the pedestrian protection devices and how they are randomly installed.

Mr. Grace stated staff will come back to the Board in order to establish some standards for trailheads.

Upon inquiry by Mr. Grace, Commissioner Henley stated that Item #14, BCR #04-04, related to transfer for the trailhead contract, can be approved at this time, but that no money be expended until the Board determines what standards will be in place.

Commissioner Henley stated he is concerned with the ranking on Item #23, PS-5149-03/BJC, CEI Services. A brief discussion ensued.

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

Economic Development

2. Continue until this afternoon’s meeting at 1:30 p.m. consideration of request to approve and authorize Chairman to execute Letter of Understanding between O-Force and Seminole County for services provided through the Prime Skills Program; authorize payment in the amount of $30,500; and approve and execute accompanying Budget Amendment Request.

3. Approve and authorize Chairman to execute Agreement, as shown on page _______, between the County and Seminole Community College (SCC) and proceed with disbursing the 2003-04 payment to SCC in the amount of $100,000 as stipulated in the economic development program budget for services provided through the Small Business Development Center and the Seminole Technology Business Incubation Center.

Environmental Services

Business Office

4. Approve and authorize Chairman to execute Release of Sewer Capacity, as shown on page ________, (1,654 gpd) between Seminole County and Charles W. Clayton Jr., and W. Malcolm Clayton, Trustees for the project known as Willa Springs Commercial.

5. Approve and authorize Chairman to execute Exhibit “G” Amendments to Conditional Utility Agreements, as shown on page _______, for Sewer Service with Mikler Road Development LLC for over-sizing and extension of off-site sewer facilities to Mikler Lake Subdivision.

Fiscal Services

6. Adopt appropriate Resolution #2003-R-209, as shown on page _______, ratifying the issuance by the Orange County Housing Finance Authority of multi-family mortgage revenue bonds for a proposed multi-family development (Covington Club Apartments) in Seminole County, on behalf of Seminole County.

Administration

7. Approve the submission of the FEMA 2003 Fire Prevention and Safety Grant proposal, as shown on page ________. The total project cost is $84,591 with a Federal request of $59,214 and an applicant share of $25,377 (70% - 30% match). Applicant’s source of funding includes Seminole County Safe Kids Coalition and budgeted costs.

8. Approve and authorize Chairman to execute the Interlocal Agreement, as shown on page _______, with the City of Winter Springs, relating to the collection of occupational license taxes in Seminole County.

9. Adopt appropriate Resolution #2003-R-210, as shown on page _______, reorganizing categories of building and inspection fees and related administrative charges, implementing appropriate building and inspection fees for services provided, and amending the current Fee Resolution #2002-R-181.

Add On

9A. Approve and authorize Chairman to execute competitive grant proposal, Seminole County Survey Update, as shown on page _______, for submittal to the Division of Historical Resources through its Small Matching Grant Cycle ending December 15, 2003.

Budget

10. FY 2002/03

BCR #03-84 – $1,886,851 – Various Departments – Various Funds. FY 2002/03 year-end cleanup of accounts. All deficiencies are covered by available funds within the department’s budgetary accounts.

11. FY 2003/04

BCR #04-01 – $100,000 – Judicial – Public Defender/Circuit Court Costs – Fund: 00100 – General Fund/01270 Criminal Justice Trust Fund. Funds are being directed by the Finance Department to be moved for the purpose of tracking specific professional services required in the County’s fiscal reporting. These adjustments involve splitting the attorney billings (Expert Witness Fees, Clinical Evaluations, Travel and Per Diem, Court Interpreters) in order to track expenditures for Article V data.

12. BCR #04-02 – $14,900 – Planning & Development – Community Resources – Fund: 11901 – CDBG Grant Fund. Transfer CDBG funds to compensate for construction costs to alleviate drainage problem affecting the Midway Playground from available funding under the Bookertown improvements project.

13. BCR #04-03 – $100,000 – Public Works – Traffic Engineering – Fund: 11541 – 2001 Renewed Sales Tax Fund. A recent evaluation of existing fiber optic infrastructures has identified capacity issues along certain corridors. Two significant capacity issues that must be addressed are the SR 434 Corridor (between Markham Woods Road and CR 427) and the 17/92 Corridor (between SR 436 and SR 419). New parallel cables would be over-lashed to existing cables thereby increasing capacity. Funding is available from the previously planned extension of cable along the CR 427 corridor; this project has a lower priority and can be addressed in future years.

14. BCR #04-04 – $40,000 – Public Works – Engineering – Fund: 32100 – Natural Land Development 2001 Fund. The Markham Trailhead construction bid award is on the Purchasing agenda. A corresponding budget adjustment is needed to provide a local funding supplement to cover the $17,872 difference between the project’s FDOT grant award of $500,000 (received into the Transportation Trust Fund) and the lowest construction bid received. Supplemental funding of $22,128 is also needed to cover CEI support costs including materials and construction phase testing for the trailhead. Funding to cover this $40,000 in additional project expense is available in the Natural Lands Bond Fund. Request approval to establish a second Markham Trailhead project in the Natural Lands Bond Fund to cover this additional project expense.

15. Budget Amendment Resolution #2003-R-211, as shown on page _______, $20,000 – Library & Leisure Services: 00100 – General Fund. At the close of FY 2002/03 a balance of $35,000 remained in the Museum Renovation Project. Of that amount, $15,000 was transferred to the Museum’s operating budget to contribute towards the funding of a new position. The remaining $20,000 was rolled over into General Fund contingency. This action transfers the $20,000 into the project budget. Additional project related costs are anticipated to provide an audiovisual security monitoring system. The budgetary balance remaining in General Fund Reserves after this transfer is $5,919,365.

16. Budget Amendment Resolution #2003-R-212, as shown on page _______, $12,676 – Judicial: 00100 – General Fund. Due to State budget shortfalls, grant-in-aid funding for Civil Traffic Infraction Court has been modified. Therefore, in-kind service will be reduced. The grant was decreased to $16,183 of which $6,659 was expended in the 2002/03 fiscal year (the State fiscal year runs from July 1 – June 30), leaving a balance of $9,524 to be budgeted to the current fiscal year. As of the current fiscal year the County will be matching this grant with in-kind services provided through the salaries of one Sheriff’s Deputy and one Deputy Clerk. This transaction will result in a transfer of $12,676 to the General Fund Contingency account line.

MSBU

17. Authorize scheduling and advertising Public Hearing for the adoption of a Resolution establishing Seminole County’s intent to adopt the uniform method of collecting non-ad valorem assessments. (Request date of February 10, 2004)

Purchasing

18. Award CC-1219-03/TLC Contract, as shown on page _______, Markham Trailhead Facility – Seminole Wekiva Trail to Marbek Constructors, Inc., Orlando ($500,000).

19. Approve Change Order #3, as shown on page _______, to CC-1210-03/BJC – Orange Boulevard Hydraulic Loop Project, with Prime Construction Group, Inc. of Orlando ($77,354.22) (Time Extension).

20. Approve Change Order #3, as shown on page _______, to FC-1156-01/BJC – C.R. 427 – Phase I (from S.R. 436 to North Street), with Southland Construction, Inc., Apopka ($350,098.42) (Time Extension).

21. Approve Amendment #1, as shown on page ________, to Work Order #61 – Palm Springs Road Paving, FC-1139-00/BJC – Public Works Minor Construction under $500,000 with Central Florida Environmental, Longwood ($8,566.86).

22. Accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1190-02/BJC – Southeast Regional/Lake Hayes Water Transmission Main – Phase I, with Garney Construction, Inc.

23. Approve ranking list for PS-5149-03/BJC - Agreement for CEI Services for Markham Woods Road Three Laning from Springs Landing Blvd. to E. E. Williamson Road and award an Agreement, as shown on page _______, to HNTB Corporation, Orlando (Not-to-Exceed $400,000.00).

24. Waive the procurement process and authorize the issuance of Work Order Two, as shown on page _______, under PS-599-01/BJC to Glatting, Jackson, Kercher, Anglin, Lopez & Rinehart, Inc. of Orlando, FL (Not-to-Exceed $50,000.00).

25. Approve Amendment #2, as shown on page _______, to PS-527-98/BJC – Construction Engineering and Inspection (CE&I) Services for C.R. 427 – Phase I, with Earth Tech Consulting Inc., Orlando ($255,437.43).

26. Approve the First Renewal for RFP-4173-02/BJC – Closing Agent/Title Search Services, with American Acquisition Title, Tampa (January 18, 2004 through January 17, 2005) (Not-to -Exceed $600,000.00 per year).

27. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for RFP-4115-01/BJC – Remediation of Public Safety Building with Wharton-Smith, Inc., Lake Monroe.

28. Approve Amendment Three, as shown on page _______, to RFP-4128-01/BJC – Professional Appraisal Services for Lake Drive Road Improvement Project, to Clayton, Roper & Marshall, Inc., Altamonte Springs ($225,000.00).

29. Approve Amendment One, as shown on page ______, to RFP-4129-01/BJC – Right-of-Way Acquisition Services for Lake Drive Road Improvement, to PBS&J, Orlando ($20,892.00).

30. Award RFP-4201-03/JVP Contract, as shown on page _______, Procurement and Installation Coordination of the Seminole County Criminal Justice Facility Furniture, to Thomas W. Ruff & Co., Maitland ($752,310.97).

31. Approve Amendment #1 to A/B-388-00/JVP – Term Contract for Traffic Barricades, with Bob’s Barricades, Orlando (Not-to-Exceed $125,000.00).

32. Waive the procurement process, approve Sole Source Procurement and award M-405-03/PER, as shown on page ______; and authorize the issuance of Purchase Orders for the Comprehensive Support for Wonderware software for the Water and Sewer Division on an as needed basis, with Insource Software Solutions, Inc., Richmond, VA.

33. Authorize Proprietary Source Procurement and authorize the issuance of a Purchase Order for Level Transmitters for Water and Sewer Division, with Blue Ribbon Industrial Components Corporation, Winter Park ($105,000 for a three (3) year period).

34. Approve Amendment #1, as shown on page _______, to M-355-03/BJC – Northwest Area Regional Wastewater Treatment Facility Sodium Hypochlorite Feed System with Reiss Environmental, Winter Park ($5,000.00).

35. Report of an Emergency Purchase Order (EPO) for corrections of leaking problems at the Seminole County Courthouse Facility, with W.W. Gay Mechanical Contractor, Orlando ($60,341.31).

Library & Leisure Services

36. Approve Distribution Easement, as shown on page _______, from Florida Power to install baseball field lighting at Soldier’s Creek Park.

Planning & Development

Community Resources

37. Approve and authorize Chairman to execute five Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Program’s Home Ownership Assistance Program: Charles Gustin, Linda C. Clark, Shari Marino, Larry G. Thomas, Sr. & Karen R. Wynn, and Francisco & Sara J. Arias.

38. Approve and authorize Chairman to execute the 1^st Amendment, as shown on page _______, to the Interlocal Agreement with the City of Oviedo for Phase 3 Infrastructure Improvements to the Avenue B target area of Oviedo.

39. Approve and authorize Chairman to execute revised SHIP Subrecipient Agreement, as shown on page _______, with the Center for Affordable Housing, Inc. for an extension of six (6) months due to engineering modifications to the original plans and the review period required by the City of Sanford to issue permits, the time required for performance of the Agreement and the SHIP statutory affordability.

40. Approve and authorize Chairman to execute Caretaker Agreement, as shown on page _______, between Seminole County and Joseph Sweeney, Sergeant with the Seminole County Sheriff’s Department, to fill the vacancy at the Lake Proctor Wilderness Area.

41. Approve and authorize Chairman to execute Grant Contract, as shown on page ______, between Seminole County and Florida Communities Trust for acquisition of the Woodland Park Property.

42. Approve and authorize Chairman to execute Grant Contract, as shown on page _______, between Seminole County and Florida Communities Trust for acquisition of the Jetta Point Property.

Development Review

43. Adopt appropriate Resolution #2003-R-213, as shown on page _______, to accept Warranty Deed, as shown on page _______, and cancel property taxes for land donated as right-of-way on C-15 (Upsala Road) from Upsala Executive Centre Inc.

44. Authorize release of Performance Bonds (1) No. B21868210 (Gulf Insurance Company); in the amount of $328,986.96 (roads) dated April 03, 2003 for Lake Forest Section 12B; (2) Performance Bond No, B21868211 (Gulf Insurance Company); in the amount of $45,370.71 (water and sewer) dated April 03, 2003 for Lake Forest Section 12B.

45. Authorize Release of Performance Bond No. 6187344 (Safeco Insurance Company); in the amount of $135,046.00 (roads, streets, drainage, water and sewer) dated November 21, 2000 for Osprey Lakes Phases 2 & 3.

46. Approve Final Plat for Ashford Park Townhomes, Replat One, containing 158 residential lots zoned PUD on a 15.197 acre parcel within the Trinity Retail Center Planned Unit Development located at the south end of Tuskawilla Road and south side of Aloma Avenue (SR 426) and approximately ¼ mile west of SR 417.

47. Approve Final Plat for Lake Markham Preserve Phase Two containing 11 single family residential lots zoned A-1 (Agriculture) on an 18.12-acre parcel located at the southwest corner of Lake Markham Road and Markham Road, approximately 2 miles south of SR 46.

Planning

48. Approve transmittal of the Interlocal Service Delivery Agreement Report, as shown on page _______, (ISDAR) required by Chapter 2002-296, Laws of Florida, to the Florida Department of Community Affairs for review and comment.

49. Approve and authorize Chairman to execute Memorandum of Understanding (MOU), as shown on page _______, between Seminole County, Workforce Central Florida and Central Florida Regional Transportation Authority (LYNX) for Lake Mary Boulevard fixed bus route service.

Public Safety

Emergency Management

50. Approve and authorize Chairman to execute the Revision of the Planning Grant, as shown on page _______, to revise the Local Mitigation Strategy Plan to comply with the Disaster Mitigation Act of 2000.

EMS/Fire/Rescue

51. Approve and authorize Chairman to execute Sub-Recipient Agreement, as shown on page _______, between the Florida Department of Health and the Seminole County EMS/Fire/Rescue Division for receipt of EMS supplies for use in response to weapons of mass destruction (WMD) incidents.

52. Approve and authorize Chairman to execute EMS Matching Fund Grant Application, as shown on page _______, to propose upgrades to 25 of the current Lifepack 12 monitor/defibrillators with end-tidal CO2 capnography detection equipment.

Public Works

Engineering

53. Approve and authorize Chairman to execute the Airspace Agreement, as shown on page _______, with the Florida Department of Transportation in conjunction with the construction of the Cross Seminole Trail Overpass at State Road 434.

Road Operations/Stormwater

54. Authorize release of the following Road Maintenance Bonds: #3SM04422300 ($2,360.00) for The Sanctuary PUD Phase 1 Project; and #6134075 ($17,081.00) for the Magnolia Plantation Phase 3 Project.

Traffic Engineering

55. Adopt appropriate Resolution #2003-R-214, as shown on page _______, for modification of the speed limit on Longwood Markham Road and Markham Road from State Road 46 to Orange Boulevard.

Tourism Development

56. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Scottish-American Society of Central Florida, Inc., in the amount of $25,000.00.

57. Adopt appropriate Resolution #2003-R-215, as shown on page _______, as required by Florida Statute, the Tourist Development Council (TDC) Policy and Procedures for Most Populous City Representation.

Administrative Services

Add-On

57A. Approve request to declare surplus and competitively bid 1.6 acres of land with two multi-family structures, known as Parcel #26-21-30-300-0010-0000, 3790 Dike Road, Winter Park; and authorize County Manager to establish minimum bid based on appraised value.

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

At the request of Commissioner Morris, Chairman McLain stated he will work with the County Manager to assure that consultant work is spread around to as many qualified engineering and consultant firms in Seminole County as possible.

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

58. Approve proposed settlement, as shown on page _______, in the amount of $5,000.00, inclusive of fees and costs, relating to a code enforcement lien accrued at 2140 Oak Drive, Longwood, Taylor property.

59. Approve issuance of Offer of Judgment relating to Parcel Number 152 of the Airport Boulevard Phase III road improvement project, located on the northeast corner of Bevier Road and St. Johns Parkway, David Lee, in the amount of $84,000.00, exclusive of attorney’s fees and costs.

Property Acquisition

60. Approve and execute Purchase Agreements and a Joint Use Water Retention Area Agreement, as shown on page _______, relating to Parcel Numbers 123 and 174 of the Lake Drive road improvement project, located southeast of Bird Road at the intersection of Lake Drive, Sturbridge Oaks Community Association/Resource Alliance, Inc., in the amount of $11,500.00 with no fees and costs.

61. Adopt Third Amended Resolution of Necessity #2003-R-216, as shown on page _______, relating to East Lake Mary Boulevard Phase II-B road improvement project (from Airport Entrance Road to State Road 46 and 415).

62. Authorize Binding Written Offers relating to the Lockhart-Smith Canal improvement project for the following parcels:

16-19-30-5AB-0200-0030 16-19-30-5AB-0200-0070

16-19-30-5AB-0200-0040 16-19-30-5AB-0500-002A

16-19-30-5AB-0200-004B 16-19-30-5AB-0500-0030

16-19-30-5AB-0200-005A 16-19-30-5AB-0500-003A

16-19-30-5AB-0200-0050 16-19-30-5AB-0500-0060

16-19-30-5AB-0500-0010 16-19-30-5AB-0500-0020

63. Authorize revised Binding Written Offer for Lake Mary Boulevard Phase IIB road improvement project for Parcel Numbers 203A and 203B.

Labor Counsel Agreement

64. Approval of adjustment of hourly and per diem rates for Labor Counsel, per Agreement, as shown on page _______. Muller Mintz, P.A., has requested adjustment of the rates they currently charge under their agreement with the County. Rates have not been adjusted since October 2002. Contractual and rate history is set forth in the agenda memorandum. The County Attorney’s Office has no objection to the rate adjustment requested and would recommend the Board approve the new rates. Changes would take effect January 1, 2004.

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

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County Attorney, Robert McMillan, advised that the Akerman law firm is merging with Muller Mintz on January 1, 2004.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

CLERK’S OFFICE

65. Expenditure Approval Lists, as shown on page _______, dated November 10, 18, and 25, 2003; and Payroll Approval Lists, as shown on page ______, dated November 1 & 20, 2003.

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

Paul Mejias, #96-2164-CFD - $258

Douglas Tronolone, #96-10229-MMA - $152.50 Fine and Court Costs

67. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:

Roberto C. Carmona & Evergreen National Indemnity - $1,000

Michael Patrick Doherty & Capitol Preferred Ins. - $788

Grant Haviland Dorian & Accredited Surety & Casualty - $538

David Rizo Flores & International Fidelity Ins. Co. - $25,038

Phillip D. Hawley & Roche Surety & Casualty - $1,038

Maria Belen Rivera & Accredited Surety & Casualty - $1,038

Noel Franklin Smith & American Bankers Ins. - $201

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

George Ronald Allarad, Case #03005432MMA - $100

Luis JR Bayala, Case #03005682MMA - $100

Morgan Arthur Brix, Case #03005232MMA - $260

Jaun Ramon Colon, Case #03004431MMA - $100

Russell A. Crawford, Case #03005552MMA - $100

John D. Humphries, Case #01004051CFA - $350

Matthew Hutter, Case #03001950MMA - $100

Raymond Jaiman, Case #03006825MMA - $100

Mary Jo Lloyd, Case #02008531MMA - $100

Stasha Marcinkowski, Case #03004243MMA - $100

Dean Nickles Pappas, Case #03005231MMA - $260

Mark W. Siddens, Case #03007378MMA - $100

Christopher Snoke, Case #02009862MMA - $100

Donald Lee Treece, Case #97003840CFA - $300

Stephen Tucker, Case #98003965MM - $100

69. Official Minutes dated November 18, 2003.

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

1. Memorandum to Sandy McCann, Commission Records, from Dixie Haller, Planning & Development, regarding outstanding documents.

2. Notice of Commission Hearing and Prehearing from the Florida Public Service Commission to Verizon Florida, Inc., Sprint-Florida, Inc., Bellsouth Telecommunications, Inc., Office of Public Counsel, American Association of Retired Persons and All Other Interested Persons regarding Docket #030867-TL.

3. Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Heathrow International Center Owners Assoc., Inc., for the project known as Parcel 5 Tract H International Parkway.

4. First Amendment, as shown on page _______, to M-398-03 Construction Services Agreement, Murdrak Engineering & Construction Co.

5. Change Order #3, as shown on page _______, to CC-1190-02.

6. Change Orders, as shown on page _______, #1 & #2 to CC-1210-03.

7. Work Orders #10 & #12, as shown on page _______, to PS-594-01.

8. Work Orders #4, #6, #10, #11, #12, & #13, as shown on page _______, to PS-5120-02.

9. Work Order #9, as shown on page ______, to PS-5116-02.

10. Change Order #3, as shown on page _______, to CC-1195-02.

11. Memorandum to the BCC from Kevin Grace, County Manager, relating to Capital Project Fund Transfers for Construction of Fire Station #13, Second Payment on Training Center and Traffic Preemption Devices.

12. Bid #294-03 Renovation Services Agreement, as shown on page ______, Driveway Maintenance, Inc.

13. Work Order #5, as shown on page ______, to PS-5135-02.

14. Amendment #4, as shown on page _______, to Work Order #1 to PS-525-00.

15. Work Order #12, as shown on page _______, to PS-372-97.

16. Work Order #2, as shown on page _______, to PS-5121-02.

17. Work Order #1, as shown on page _______, to PS-5132-02.

18. Quit Claim Deed and Temporary Construction Easement, as shown on page _______, for Bentley Park Associates, Ltd., per Purchase and Construction Agreement approved by the Board on 10/28/03.

19. Drainage Easement and Quit Claim Deed, as shown on page ________, for Oaklawn Park Cemetery & Funeral Home, Inc., per Purchase and Construction Agreement approved by the Board on 6/24/03.

20. Development Orders, as shown on page ______, as follows: Stephen & Trina Gladwell variance; Flenner Guest House; Lynette Permaul Determination of Legally Created Lot; Ernest & Jean Davidson Variance; Gary & Sharon Pudlewski Variance; Bonnie & Jaime Giroux Variance; Chad & Jennifer Dunbar Variance; Lili-Ann Hackett-Ralph Special Exception; Michelle Chalstrom Special Exception; Joseph Sapp Special Exception; Anthony St. George Special Exception; Audrey Fitzgerald Variance; Bruce Patti Variance; Joyce Jones Variance; Patton Wasson Variance; Valarie Long Special Exception; James McLaughlin Variance; Pedro Martinez Variance; Pedro Colon Variance; Nikki Bellamy Sims Variance; Carl Vano Variance; Mary Jevitt Variance; and Markham Woods Presbyterian Church, Inc. Special Exception and Variances.

21. Notice from the Florida Public Service Commission regarding application for rate increase in Seminole County by Alafaya Utilities, Inc.

22. Satisfactions of Connection Fees, as shown on page _______, for Ashford Park – Trinity Capital, Inc. and Physicians Associates of Florida-Oviedo Crossings Professional Plaza LLC.

23. Utility Agreements, as shown on page ________, for water and sewer services for SCMR #1, LLC for the project known as Red Bug Village Lot 2.

24. Bill of Sale, as shown on page ______, accepting water system within the project known as Off Broadway Industrial Subdivision.

25. Bill of Sale, as shown on page _______, accepting water and sewer system and roads within the project known as Wayside Estates.

26. Grant Application, as shown on page _______, for Funding Assistance for Dept. of Law Enforcement RSAT Program approved by the Board on 1/14/03.

27. Work Orders #1 & #2, as shown on page _______, to CC-1188-02.

28. Amendment #2 to Work Order #3, as shown on page _______, to PS-560-00.

29. Work Order #20, as shown on page _______, to PS-5129-02.

30. Work Order #5, as shown on page _______, to PS-597-01.

31. Work Order #19, as shown on page _______, to PS-574-01.

32. Work Order #5, as shown on page _______, to PS-593-01.

33. Work Order #43, as shown on page _______, to PS-556-00.

34. Seventh Amendment, as shown on page ________, to DB-605-00.

35. Second Amendment, as shown on page _______, to M-342-02.

36. M-401-03 Legal Services Consultant Agreement, as shown on page _______, De La Parte & Gilbert.

37. M-402-03 Technical Service Support Agreement, as shown on page _______, Medtronic Physio-Control Corp.

38. M-404-03, as shown on page _______, Construction Engineering & Inspection Services Agreement, CPH Engineers, Inc.

39. Fourth Amendment, as shown on page _______, to RFP-4117-01.

40. Bids as follows: PS-5151-03; CC-1220-03 & RFP-4198-03.

SHERIFF’S OFFICE

71. Approve and authorize Chairman to execute appropriate Budget Amendment Resolution #2003-R-217, as shown on page _______, for the Weed and Seed Grant Award, awarded to the Seminole County Sheriff’s Office by the U.S. Department of Justice in the amount of $225,000 for continual improvements in the three officially designated Weed & Seed sites of Midway, Winwood and Georgetown.

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

LEGISLATIVE UPDATE

DCM, Sally Sherman, and Assistant County Attorney, Steve Lee, addressed the Board to present the Legislative Agenda for 2004. Legislative Issues 2004 booklet was received and filed.

Upon inquiry by Commissioner Morris, Attorney Lee advised all funding requests are being treated equally.

Commissioner Henley stated he would like to add an item to the list and that would be tax support of the Trauma Center. He expressed concern that the task force might be going to support a tax increase for local government before other problems are solved.

Mr. Grace advised the Trauma Center is included on the monitoring list.

Ms. Sherman reminded the Board of the Legislative Delegation meeting on December 15, 2003 in Room #1028 of the County Services Building.

REGULAR AGENDA

Planner, April Boswell, addressed the Board to present request to extend the duration of Ordinance #2003-51, Video/Slot Machines Moratorium.

Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-218, as shown on page _______, extending the duration of Ordinance #2003-51, Video/Slot machines and Similar Equipment Moratorium, until April 9, 2004.

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

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Planner, Denny Gibbs, addressed the Board to present the Preliminary Subdivision Plan and request for a waiver to the sidewalk requirements for Talman Mews, located on the north side of Gabriella Lane, west of Tuskawilla Road in Section 25, Township 21S, Range 30E. She advised the waiver requested is to permit the installation of a sidewalk only on the west side of the right-of-way adjacent to Lots 1, 2 and 3. She added staff recommends approval of the plan and the waiver as requested.

Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the Preliminary Subdivision Plan for Talman Mews, located on the north side of Gabriella Lane, west of Tuskawilla Road, in Section 25, Township 21S, Range 30E; and to grant waiver to Section 10.8 of the Land Development Code, permitting the installation of a sidewalk on the west side of the right-of-way adjacent to Lots 1, 2 and 3 only.

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

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Planning Manager, Matt West, addressed the Board to present request for reduction in the Code Enforcement Lien on property located at 3416 S. Sanford Avenue, Parcel #12-20-30-503-0200-0100, HP Investment Group, Inc. He advised that staff is recommending the lien be reduced to $1,500.

Hunter Pachell, HP Investment Group, Inc., addressed the Board to advise they took control of the property and brought it under compliance. He requested the $218,250 lien be reduced to $462.64 (estimated administrative costs).

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize reduction to Code Enforcement Lien for property located at 3416 S. Sanford Avenue, HP Investment Group, Inc., to $1,500; and upon payment in full, authorize execution of a Satisfaction of Lien, as shown on page _______.

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

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Jim Duby, Community Resources, addressed the Board to present the Black Hammock Wilderness Area Master Plan.

Commissioner Morris stated he believes staff has done everything they can for the community and he would recommend approval of the plan.

Motion by Commissioner Morris, seconded by Commissioner Henley to approve the Master Plan for the Black Hammock Wilderness Area.

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

Commissioner Morris stated he would like staff to give the Board an update after a couple of seasons in order to see how this is going.

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Planner, Tony Matthews, addressed the Board to present request for a minor amendment to the Heathrow International Business Center Planned Unit Development Final Master Plan to denote/clarify a full access onto CR 46A from the proposed Business Center Drive extension, and to add an additional access point onto CR 46A, west of International Parkway, Shutts & Bowen LLP/Meredith Harper-Pickens. He advised staff is recommending approval by way of Addendum #1 with the following findings: (1) Denoting/clarifying full access onto CR 46A from the proposed Business Center Drive extension on the PUD Final Master Plan is consistent with the existing full access median previously constructed by Seminole County; (2) The proposed additional access point onto CR 46A sufficiently meets the separation requirements for right in/right access only; and (3) This recommendation for approval is supported by policies of the Seminole County Comp Plan (Vision 2020). He added that he is in receipt of a letter (copy received & filed) from the East Central Florida Regional Planning Council advising they have no objections to the amendment.

Meredith Harper-Pickens, applicant, addressed the Board to advise she will answer any questions.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve minor amendment to the Heathrow International Business Center Planned Unit Development Final Master Plan to denote/clarify a full access onto CR 46A from the proposed Business Center Drive extension, and to add an additional access point onto CR 46A, west of International Parkway; and to authorize Chairman to execute Addendum, as shown on page _______, for same, Shutts & Bowen LLP/Meredith Harper-Pickens.

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

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Deputy Supervisor of Elections, Dennis Joyner, addressed the Board to advise Florida Statutes require that effective July 1, 2004, all polling places be accessible by people with disabilities. Polling places that cannot be brought into compliance by July 1, 2004 can be granted a variance until the primary and general elections in 2006. He stated that all polling places were surveyed and it was determined that 47 polling places are fully accessible and 55 places inaccessible. He explained that they have been working with the County Manager, School Superintendent, and the City Managers and Clerks and 7 of those polling places reported inaccessible have been made accessible or have been relocated. However, 25 polling locations will require permanent or temporary solutions in order to be used in the 2004 elections. He further advised that it is estimated to cost $14,850 for a permanent solution or $8,058 for a temporary solution for 2004; and approximately $5,000 to $6,000 per each election year thereafter. The estimated cost for the polling locations required to meet accessibility requirements by 2006 is $42,825.

Upon inquiry by Commissioner Morris, County Attorney, Robert McMillan, advised that before putting in substantial dollars to those sites that require it, the County would make sure the sites are available for a certain length of time.

Commissioner Maloy stated he would support moving forward with the permanent solution.

Motion by Commissioner Maloy, seconded by Commissioner Morris to authorize funding $14,850 to provide the required upgrades for polling places to meet the accessibility standards adopted by Florida Statutes for a permanent solution for the year 2004; and to authorize transfer of same from the County’s General Fund into the Supervisor of Elections account.

Under discussion, Commissioner Henley stated he would rather take the money out of the Supervisor of Elections contingency account.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Henley voted NAY.

Commissioner Morris left the meeting at this time.

COUNTY MANAGER’S BRIEFING

Greg Holcomb, Information Technologies, addressed the Board to update the Board on the County’s participation in the State of Florida, Domestic Homeland Security Region 5, Community-Oriented Policing Services (COPS) Interoperability Communications Grant Program. He requested approval on participating in the program and allocation of the necessary 25% matching funds.

Mr. Grace advised staff will have a specific recommendation for the board when they come back.

The Board voiced no objections to moving forward with the program.

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Commissioner Morris re-entered the meeting at this time.

Planner, April Boswell, updated the Board on the status of staff’s research of the County policies and regulations with respect to the designated East Rural Area, including the Black Hammock Area. She stated the next step is to have a full review and study of the area in concert with the Evaluation and Appraisal Report (EAR). She said that as part of that, they will be holding community meetings. She added that included in the agenda back-up, is a matrix of the Black Hammock area that is also a part of the study. Discussion ensued.

Assistant Planning Manager, Tony Walters, addressed the Board to request direction as to whether the Board wants staff to do a small area study specifically for the Black Hammock area or if they want to include that area in the EAR. He said if they do a separate study, the two would be running parallel with each other.

Commissioner Morris stated the issues in Geneva and Chuluota are unique.

Mr. Walters stated each distinctive community would be treated somewhat separately, but in the overall effort and documentation, it would be one document with sections that would address the Black Hammock, Geneva and Chuluota areas. They would also have separate meetings with the communities.

Commissioner Van Der Weide agreed this is a unique area and one that has been protected over the years. He said he thinks the issue is to make sure it stays that way and anything that comes out of the study is not going to loosen up the development standards.

Chairman McLain stated historically the Board’s position has been consistently to protect the rural area of the County.

The Board, by unanimous consensus, directed staff to work on the scope for the Evaluation and Appraisal Report (EAR), highlighting those issues in the specific community areas and bring findings back to the Board to ascertain if the Board is comfortable that all the specific community issues are addressed. Staff is to also first meet with individual Commissioners who have a concern.

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Planner, Craig Shadrix, addressed the Board to advise staff has completed the preliminary assessment of the flooding impacts on the Econ River Wilderness Area. He said staff has also met with the St. Johns River Water Management District on the site to develop a prescriptive plan for the restoration and remediation of the impacts. He added cost estimates have been provided. Staff has been working with the developer, SJRWMD and Orange County to come up with a funding plan; and they will bring that back to the Board at a later date.

Mr. Grace stated he personally has had conversations with Kirby Green (SJRWMD) and the District is trying to find some funding to help.

Commissioner Maloy stated there is a substantial impact to the natural lands and this is not a problem that the County caused; but was caused by other permitting agencies and the road being built. He further stated it is so substantial and the costs are so high, that he firmly believes whoever caused this problem should come forward with the funding plan. He added he would like the funding plan hammered out by next month.

Commissioner Van Der Weide stated he believes the SJRWMD is part of the problem along with Orange County and he would like to see both them and anyone else responsible participate in the correction of the problem. Discussion ensued.

The Board directed staff to bring back the specific funding plan for the correction of flooding problems at the Econ River Wilderness Area at the January 27, 2004 meeting.

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The Chairman recessed the meeting at 11:20 a.m., reconvening at 1:33 p.m., this same date, with all Commissioners (with Commissioner Maloy 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.

COUNTY MANAGER’S CONSENT AGENDA (Continued)

Mr. Grace presented request to approve Letter of Understanding between O’Force and Seminole County for services provided through the Prime Skills Program and authorize payment in the amount of $30,500, and approve and execute accompanying Budget Amendment Request. He stated staff received two letters from the School Board (received and filed), relating to the O’Force contract and it appears the School Board will be providing $7,500 for the upcoming year.

Commissioner Henley stated DeDe Schaffner, School Board member, left a message indicating that the School Board will try this for one year and it is her understanding that the County is being asked to contribute $20,000. He stated Superintendent Bill Vogel indicated that funding beyond this year was uncertain.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize Chairman to execute Letter of Understanding, as shown on page ________, between O’Force and Seminole County for services provided through the Prime Skills Program; authorize payment in the amount of $30,500; and adopt and execute accompanying Budget Amendment Resolution #2003-R-219, as shown on page ________, for one year.

Commissioner Maloy entered the meeting at this time.

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

COUNTY MANAGER’S REPORT

Commissioner Morris stated at the initial Seminole County Health Care Task Force meeting, he presented to the Committee the Board’s intentions of what they wanted addressed. He stated he asked the Committee to address the waterfront as well as the parallel of the ORMC Board.

Jim Bomford, Chairman of the Seminole County Health Care Task Force, addressed the Board to read his comments (received and filed) relating to the action taken at the Task Force December 3 meeting. He stated he is here today as a result of action taken by the Task Force and that action was in the form of a motion to clarify their mission. He asked the Board to submit their clarification in writing so he can use it as a reference for future meetings. A second motion was made relating to legal counsel and that failed. Also there was a request for information concerning conclusions of the Central Florida Trauma Center Task Force. He read the motion made by Terry Owens relating to what issues and questions does the Board want the Task Force to address. He stated his view of the Task Force’s mission was not only to consider the funding of the Trauma Center, but the ramifications of that funding, how it will affect Seminole County and how to deal with health emergency care in this County.

Commissioner Morris clarified that the issues he addressed to the Task Force also relates to the petitions by the emergency rooms for their potential shortfalls as well as the correspondence from Halifax Level II Trauma Center.

Commissioner Van Der Weide stated he doesn’t believe anyone doesn’t support the fact that a trauma center is needed. He stated he feels the Task Force’s job is to determine what should they do or just address the ORMC trauma center and leave out the rest. The main question that he is hearing is how do they fund something like this. He stated he doesn’t think the Board wants this funded from the general budget (property taxes).

Mr. Bomford stated it appears that the local hospitals and doctors are saying that if the County uses taxpayers’ money to fund the salaries, then Orange County will look for monies for themselves. He asked if those are issues that the Task Force needs to discuss or should they look at whether it should be funded and how.

Mr. Bomford stated his staff pulled grant requests from ORMC for their Emergency Medical Bureau for the last 10 years. He said they were not applied for. He stated he has been trying to look at ways to fund things. He said it seems as though they need to deal with whether or not it is a funding issue. He stated Commissioner Morris suggested, at a previous Board meeting, putting forth $348,000 of the $600,000 that was requested.

Commissioner Morris stated the position he took at that time dealt with a temporary “stop gap” funding on a regional basis. He stated he also indicated that he supports the intent of the overall Board.

Commissioner Van Der Weide stated one of the issues is when some of the hospitals were incorporated within the County, they had similar types of problems. He stated he feels the Task Force should address their issues. The question is should they or shouldn’t they and if they should, how do they fund this. He stated the County Manager is serving on the Regional Task Force with ORMC.

Chairman McLain stated he would want Mr. Grace to attend those meetings and brief the Task Force on the actions and recommendations of that committee.

Mr. Grace stated he expects the Regional Task Force will finalize their recommendations next week. A good starting point for the Seminole County Health Care Task Force is to review those recommendations and then provide their input to the Board. The trauma center issue would then be dealt with and the Task Force can consider the emergency rooms, etc. issues separately. He stated he feels that reviewing the Regional Task Force recommendations are defined down the scope on the trauma center issue.

Chairman McLain stated once the Board makes a decision on the trauma center and the need for funding, he feels an appropriate issue that the Task Force can discuss is the commitment of funding for the short-term solution. He said he feels the Board would want to hear from the Task Force as to whether they should pursue that further.

Mr. Bomford stated there was a request that a member of the Central Florida Regional Task Force attend the December 17th meeting.

Upon inquiry by Commissioner Maloy, Mr. Bomford advised that some members of the Task Force felt that they should be also looking at the effects of the local emergency rooms.

Commissioner Maloy stated from the County’s perspective, it is limited as to what they can do. He stated he feels it boils down to should the County do anything relative to funding and if so, what is the source of that funding. He said he feels the County should take a look to see if there is a different model for trauma centers that should be recommended.

Mr. Bomford stated some of the issues were taken to the State Legislation and the question of sovereign immunity that arose is at what point does that stop since ORMC uses a community-base model. A community-base model means private physicians not on staff and under contract with the hospital. The County-funded trauma centers in the State do not use a community-base model, which seems to operate more effectively. The other problem with the FSU model is you draw in residency and teaching hospital. The question is how do you do that with the FSU model. The staffing option is one issue that was discussed and statewide seems to be the preferable model. He said he understands that the Central Florida Task Force is considering moving away from the community-base model, but they haven’t made a decision to date. He referred to the second motion and stated one of the issues that was discussed is what were the benefits and compensation package of the ORMC doctors’ salaries. He reviewed the salaries of the neurosurgeons.

Mr. Grace stated one thing he is pushing for is requiring ORHS to do a fair market value analysis of the doctors’ salaries. An independent third-party appraiser does these and he would suggest hiring a third party to do this.

Commissioner Morris stated this is a stepping stone process where the local emergency rooms and the Task Force shouldn’t even touch this issue. The real issue is if the Trauma Center closes, the Level 2 Trauma Center (i.e. Halifax) needs to be looked at, as well as is that sufficient for the County’s population and if not, do they need to get a Level 2 Trauma Center in Seminole County?

Chairman McLain stated other discussions included the hospitals having concerns relating to the Trauma Center’s willingness to accept transfers. If the Trauma Centers received any kind of funding to subsidize their operation, there needs to be some understanding how transfers will be made.

Commissioner Henley stated almost everything the Board does is prefaced by the health, safety and welfare of the citizens of Seminole County. He stated he feels it is important that the Board know that the Task Force is able to determine and provide them what the status of the health services of this County is. He added he also feels that before the Board buys into any type of local funding to a private institution, that there be a full and complete disclosure. He said he would like to know what other Level I & Level II Trauma Centers pay for “on call”. He added he would like to know if that is a typical practice around the State for paying for “on call”.

Mr. Bomford stated “on call” seems to be a symptom of community-base models, but the counties support hospitals that use staffing models. This hospital has had $32 million surplus, which is a fair indicator that it is a healthy institution. He stated he approached the Central Florida Task Force to discuss the idea of their books being open to the Sunshine Law.

Commissioner Henley stated if local tax dollars are going in there, then this County should have representation on that Board rather than a hand-picked Board out of Orange County. Discussion ensued.

Commissioner Henley stated when he met with Mr. Hildenmeyer relative to neurosurgeons’ salaries, he took the position that this is not the County’s money, but it has been entrusted to the Board to meet the needs of the community. When there are thousands of citizens in the community that do not have insurance, he finds it difficult in justifying the County using tax dollars to support that type of endeavor.

Mr. Bomford stated there would be a recommendation that if the County determines that they want to put money forward, he feels it should be concurrent with a recommendation that expenditures should be open to the Sunshine Law.

Mr. Bomford continued by discussing the Task Force’s request to provide legal counsel from the health care field during their meetings. He stated a specific law firm was recommended by Rodney Smith and he feels that is an important issue. He said Mr. Smith raised a question as to whether or not public tax dollars can be used to subsidize private salaries.

Mr. Grace stated he met with Mr. Smith yesterday and he engaged two attorneys. He stated he would be pushing the Regional Task Force to require that the fair market value analysis be done by an independent third party.

Robert McMillan, County Attorney, stated he doesn’t think that whatever contribution the County makes would go directly to the physicians. It would have to go to the hospitals to underwrite some of their expenses and they would have to determine how they would dispense it.

Mr. Grace stated they could technically apply that money to any part of their costs.

Mr. McMillan stated if the County decided to contribute to the operation of the Trauma Center, he doesn’t think that would be an issue.

Mr. Bomford stated he raised that question since the big contributor to the costs was the physicians’ salaries.

Mr. McMillan stated the County provides funding to any number of nonprofit organizations where some of the monies will go to administrative expenses and underwrite some of the salaries of personnel in that organization. If the Board decided to provide funding to the Trauma Center, they can legally tailor the contribution in a way where they want it to go.

Commissioner Morris stated this particular question only deals with a shortfall for neurosurgeons and it does not deal with other doctors in the Level I Trauma Center. The question is where are they going in this path. He hopes they do not have to do a detail study or analysis on all of these points, but he would like to point out the potential pitfalls or challenges that are available from local governments participating with the hospital networks. One of the funding partners in this scenario for Orange County is the two hospitals district. This County does not have this.

Mr. Bomford stated he feels the Board would like the Task Force to make some observations on those issues.

Commissioner Morris left the meeting at this time.

Mr. Bomford requested that it be put in written form so he can use it as a reference at the meetings.

Commissioner Van Der Weide stated the Regional Task Force will come to a conclusion before the County’s Task Force meets again. He said he is not sure that the County’s Task Force has the expertise and would have to include other individuals with expertise. He stated it worries him that the Regional Task Force is going to come up with a recommendation in a week or two and if the local task force studies everything that has been discussed, the Task Force may be here another two or three years. He said the next step is for the County to come in and hire consultants.

Commissioner Henley stated from a standpoint of asking them to determine the status of health care in Seminole County, that could be an ongoing charge.

Mr. Grace stated one of the key points is the Regional Task Force will be recommending that the State step forward to do something and he is assuming most of the Board will agree to that.

Commissioner Morris entered the meeting at this time.

Chairman McLain stated the Board discussed this on numerous occasions and they wanted to have professionals and citizens from the community to review this. It is unfortunate that the whole process of the Level I Trauma Center developed the way it did with a short notice image and the large amount of press it received. He stated what the Task Force is doing is important to the Board and they are looking forward to hearing from them. He said staff would provide the Task Force with written information of today’s discussion.

Mr. Bomford stated he is looking forward to concluding their work and he will be making recommendations on a broad base. He stated he would like to commend the Board for all the care they have taken on this issue.

PROOFS OF PUBLICATION

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

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

CONSOLIDATED STREET LIGHTING DISTRICT ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the Consolidated Street Lighting District Ordinance, repealing Ordinance #2002-50 adopted December 10, 2002, received and filed.

Jennifer Bero, Fiscal Services, addressed the Board to advise the proposed ordinance will create 10 new districts, which include: Ashford Park Townhomes; Bear Stone; Elegant Heights; Elizabeth Avenue; Lake Harriett Estates; Montclair; Orange Blossom Business Center; Royal Oaks; Stonehurst; and Trails Unit 1. The ordinance also includes parcel boundary expansion with two existing districts: Adding Victoria Manor area to Victoria Park District and Sandy Lane Phase I to include several new parcels. She stated the new districts created will become effective as of October 1, 2004.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2003-59, as shown on page ________, relating to Consolidated Street Lighting District, repealing Ordinance #2002-50 adopted December 10, 2002, as described in the proof of publication.

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

VACATE & ABANDON/Clarissa Thomas-Gladman

Proof of publication, as shown on page _______, calling for a public hearing to consider request to adopt Resolution to vacate and abandon a 61.6 sq. ft. portion of the platted drainage and utility easement situated on Lot 65, Huntington Subdivision, further described as 2510 Westminster Terrace, Oviedo, Florida, Clarissa Thomas-Gladman, received and filed.

Cynthia Sweet, Development Review, addressed the Board to state the purpose of the vacate is to allow an existing storage shed to remain at its present location. She stated the vacate of the unused drainage and utility easement would not diminish the effectiveness of the subdivision’s drainage system. She said the applicant has provided letters from the appropriate utility companies indicating they have no objections to the request.

Thomas Gladman, 2510 Westminster Terrace, addressed the Board to state he has letters from the utility companies stating they have no objections to the request. He stated he agrees with staff recommendations.

No one spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-220, as shown on page _________, vacating and abandoning a 61.6 sq. ft. portion of the platted drainage and utility easement situated on Lot 65, Huntington Subdivision, further described as 2510 Westminster Terrace, Oviedo, Florida, as described in the proof of publication, Clarissa Thomas-Gladman.

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

REZONE/Gayle Marion

Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from R-3 (Multiple Family Dwelling) to R-2 (One and Two-Family Dwelling) of approximately 0.21 acres located on the south side of W. 6^th Street, west of CR 419, Gayle Marion, received and filed.

Tina Deater, Planning, addressed the Board to state the applicant is requesting a down zoning. She reviewed the future land use designation of the area and what the existing R-3 zoning allows. She stated staff recommends approval of the request.

Gayle Marion, applicant, addressed the Board to state she agrees with staff recommendations.

No one spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2003-60, as shown on page _________, rezoning from R-3 (Multiple Family Dwelling) to R-2 (One and Two-Family Dwelling) of approximately 0.21 acres located on the south side of W. 6^th Street, west of CR 419, as described in the proof of publication, Gayle Marion.

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

LARGE SCALE LAND USE AMENDMENT/REZONE/John Percy

Proof of publication, as shown on page _______, calling for a public hearing to consider Large Scale Land Use Amendment from SE (Suburban Estates) to LDR (Low Density Residential), and Rezone from A-1 to R-1A and R-1AAA on the north 135’ of the subject property located on the east side of Citrus Road, ½ mile north of Red Bug Lake Road, John Percy, received and filed.

Jeff Hopper, Planning, addressed the Board to state the applicant originally requested R-1A zoning to permit single-family development on the entire property. He stated the zoning change requires a Future Land Use Amendment to the Vision 2020 Plan, which now classifies most of the property as Suburban Estates at a permitted density of one unit per acre. In order to accommodate R-1A, the applicant is requesting Low Density Residential, permitting up to 4 units per acre. This classification already exists on the easterly 275 ft. of the property. Staff finds that the proposal is generally compatible with surrounding development to the east, west and south. He said staff is recommending approval of R-1AAA zoning on the north 135’ of the subject property. He stated the applicant has committed to a 1600 sq. ft. minimum house size. Due to the size of the property, the request is classified as a Large Scale Land Use Amendment and was transmitted to the DCA on August 12, 2003. The DCA had no objections to the request. He added the staff recommends approval of the request. Should the Board move to adopt the Amendment to this item, the ordinance will be acted upon during the Large Scale Cycle Amendment Ordinance (Item #88) this evening.

Commissioner Morris referred to an email (received and filed) he received from Tim Morrison relating to Rainbow Trail being incorrectly identified on the map. Mr. Hopper advised it may be a small mapping error but it would not relate to the amendment request. Commissioner Morris stated Mr. Morrison is indicating that the public hearing notice incorrectly identifies the location of the Rainbow Trail. He stated they say it runs perpendicular and not parallel to the property.

Mr. Hopper stated the legal description in the advertisement is correct.

Mr. McMillan stated he doesn’t feel that it has an affect on it if the legal description is correct.

Upon inquiry by Commissioner Morris, Mr. Hopper advised he has explained the elevation issues to the residents. He informed them that this is handled through the subdivision and platting process and at the appropriate time, the Development Review Division will determine how that process will be handled.

John Rinehart, Glatting Jackson, addressed the Board to state he agrees with the staff recommendations and he will answer any questions.

Upon inquiry by Commissioner Morris, Mr. Rinehart advised he agrees to the house size of 1600 sq. ft. throughout the whole property.

Nicholas Paladino, 2289 Blossomwood Dr., addressed the Board to state 1/3 of his property is a live oak conservation area and he would like some type of barrier between his property and this project. He suggested that a public bike trail be connected to the Tuska Ridge Subdivision and this subdivision. The utility easement along the border of his property could be used as a bike trail. It would be convenient for the kids if a bike trail were connected there so they would have a short cut to school. He stated he wants to make sure that drainage is addressed. He added he would like to suggest increasing and adjoining the current retention pond with the natural pond to the west. He asked the Board to consider using the same native species of plants that are on the existing natural pond and to consider a general slope to the pond, but no less than 4:1. He also asked that there be more compatible transition with his property and to look closer at the size of the homes so they will be compatible to the existing homes.

Mr. Rinehart stated the lots in the adjacent community are similar to the size of the proposed lots and they will be comparable with their transition. He stated he would agree to extending the buffer along the retention pond.

Upon inquiry by Chairman McLain, Mr. Rinehart advised he believes having a bike path to the south to allow kids to get to school is a good idea, but he would leave it up to the Board’s discretion whether a trail is placed next to the neighborhood.

Upon inquiry by Commissioner Morris, Mr. Rinehart advised he believes the market value of the homes will run around $200,000.

Commissioner Morris recommended that Mr. Rinehart get together with Mr. Paladino to discuss some of the issues that he has addressed. He stated Mr. Paladino is willing to offer a potential easement on his property to connect to this street. People currently access this property now and this can be considered during the site plan review as well as a pedestrian thruway to the adjoining neighborhood.

Mr. Rinehart stated that is something he can consider.

Upon inquiry by Commissioner Maloy, Mr. Rinehart advised he doesn’t have any plans as to whether or not this project will be gated.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Morris, seconded by Commissioner Henley to approve the Large Scale Land Use Amendment from SE to LDR; and adopt Ordinance #2003-61, as shown on page ________, rezoning from A-1 to R-1A and R-1AAA on the entire length of the northern part of the subject property, located on the east side of Citrus Road, ½ mile north of Red Bug Lake Road, as described in the proof of publication, John Percy, with staff recommendations.

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

PROPERTY TAX REDUCTION ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance implementing the Property Tax Reduction for Construction or Reconstruction of Homestead Property to House Elderly Parent(s) or Grandparent(s) of Owners or Owner’s Spouse, received and filed.

Sally Sherman, Deputy County Manager, addressed the Board to present the request as outlined in the Agenda Memorandum. She stated all of the taxing authorities that levy taxes within the County were notified and the only objection was from the City of Winter Springs. She stated Winter Springs based their concerns relative to abusive use of the property for rental purposes and continuous erosion of the property tax base.

Upon inquiry by Commissioner Maloy, Ms. Sherman advised Seminole County is the final authority, but in conjunction with them moving forward, staff contacted those agencies to get their input.

Upon inquiry by Chairman McLain, Bill Suber, Property Appraiser, addressed the Board to advise the intent of his office is to send an application or announcement to the citizens to affirm that the parent/grandparent is still there. He stated onsite inspections would be done as well.

Upon inquiry by Commissioner Henley, Mr. Suber advised the exemption is more like a tax deferment rather than an exemption. If the parent or grandparent passes on, the original cost involved in adding a room on is added back to the improvement value of the property. He stated the interim project that he mentioned during the October meeting by the Senate Financing Tax Committee has been completed. Legislation has been written to modify this language into the Statute and it will become a proposed committee bill. It will be a Senate Financing Tax Committee Bill and the House will offer a similar measure. It will be a matter of marrying those two as it goes through the session. From everything he has heard, they will modify technical changes that will help them better administer the law that is currently in place. As far as the abusive use of the property, he doesn’t see a flood of residents rushing in to try to get this exemption. He stated he will be surprised to see 100 residents applying for the exemption. As far as it becoming a rental property, an application/reapplications will be required annually and his staff will do on-site inspections as well. If that should happen, it will be a code enforcement problem for Winter Springs. He stated he doesn’t understand the tax base erosion problem, given the increases in the tax base over the last two or three years, as the City of Winter Springs will be included in that tax base.

Commissioner Morris stated it would be nice to see wording that someone would understand what their opportunity would be and not something that is complex.

Mr. Suber stated a building permit would be required to add a room to a home and this would be one of the flags they use to visit the property to see what they are doing.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2003-62, as shown on page _________, implementing the Property Tax Reduction for Construction or Reconstruction of Homestead Property to House Elderly Parent(s) or Grandparent(s) of Owners or Owner’s Spouse, as described in the proof of publication.

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

CHAIRMAN’S REPORT

Chairman McLain stated he is very sad to report that Bud Layer has passed away. He stated Mr. Layer was his teacher in high school, a coach and former superintendent of schools. He said his funeral will be held on December 14, 2003 at 2:00 p.m. at the Markham Woods Presbyterian Church. He added his family has asked that donations be made to the Bud Layer Scholarship Fund Foundation for Seminole County Public Schools.

Commissioner Henley stated Mr. Layer made a tremendous contribution to the educational system in this County. He stated he was definitely a leader of people and he will be missed.

Commissioner Morris stated he also stayed involved in the community.

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Chairman McLain stated per the recommendations of MetroPlan Orlando, he would like to reappoint Brindley Pieters and Brenda Carey to the MetroPlan Orlando Citizens’ Advisory Committee, effective 1/1/04.

Motion by Commissioner Morris, seconded by Commissioner Henley to reappoint Brindley Pieters and Brenda Carey to the MetroPlan Orlando Citizens’ Advisory Committee.

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

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Chairman McLain presented his recommendation to appoint William McKibbin to the Sanford CRA Board.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint William McKibbin to the Sanford CRA Board.

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

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Chairman McLain submitted the BCC Liaison Appointments, as shown on page _______, for 2004.

COMMUNICATIONS AND/OR REPORTS

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

1. Memo dated 9/4/03 to BCC, Sheriff, Clerk of Court, Elections Supervisor, Property Appraiser and Tax Collector from Chairman McLain re: Senior Leadership Briefing.

2. Memo dated 9/4/03 to BCC from Bob McMillan re: July/August 2003 Litigation Report.

3. Memo dated 9/10/03 to BCC from Penny Fleming, S.O., re: COPS Universal Hiring Grants.

4. Memo dated 9/17/03 to BCC from David L. Moore, Southwest FL Water Management District, re: Recent Board Actions & Importance of Water Conservation.

5. Letter dated 9/15/03 to BCC from Mark McMillan re: Commission vote on Level One Trauma Center.

6. Copy of letter dated 9/12/03 to Ray Valdes from Darrell W. Smith, FL Dept. of Revenue, re: Tax Collector 03/04 budget.

7. Letter dated 9/12/03 to Chairman McLain from Dr. E. Ann McGee re: request for funding for O-Force and two O-Force projects at SCC.

8. Copy of letter dated 9/12/03 to Governor Jeb Bush from George Roussos, Hernando County Deputy Manager, re: Florida Water Resource Policy.

9. Letter dated 9/11/03 to Chairman McLain from FL Senator Paula Dockery re: tax dollars for Domestic Security and Preparedness.

10. Memo dated 9/10/03 to BCC from Kevin Grace re: $128,152 Capital Project Fund transfer for Construction in Progress account line.

11. Memo dated 9/15/03 to BCC from Linda Burnette, SJRWMD, re: Draft 2003 Water Supply Assessment.

12. Memo dated 9/16/03 to BCC from Kevin Grace re: $579,996 Capital Project Fund transfer for Construction in Progress account line.

13. Copy of letter dated 9/19/03 to Lyndell Patrick, FL Business Interiors, from Ray Hooper re: procurement and installation of furniture at Criminal Justice Center.

14. Letter dated 9/22/03 to BCC from Robert Hyres, WastePro, re: insurance requirements for non-exclusive commercial waste collection franchise.

15. Press release dated 9/24/03 to BCC from David Odahowski, Edyth Bush Charitable Foundation, re: $439,000 in grants awarded.

16. Copy of letter dated 9/17/03 to Ken Roberts from Heather Paul, National SAFEKIDS Campaign, re: award to Seminole County of 1 of 10 new SAFEKIDS Mobile Car Seat Check-Up Vans.

17. Copy of letter dated 9/25/03 to Governor Jeb Bush, House Speaker Johnnie Byrd and Senate President Jim King from Kirby Green, SJRWMD, re: 03/04 final budget for SJRWMD.

18. Letter dated 9/29/03 to BCC from Sustainable Communities Advisory Council re: Econ Wilderness Center flooding issue.

19. Copy of letter dated 9/28/03 to Ken Roberts from Barbara Lewis re: cruel conditions with cat traps.

20. Copy of letter dated 9/29/03 to Loch Arbor HOA from Meredith Pickens, Shutts & Bowen, re: the Hardwick project (proposed pharmacy at CR 46A/Casa Verde/Lake Blvd.

21. Letter dated 9/30/03 to Chairman McLain from John Saboor and Doug Barclay, Central FL Sports Commission, re: September activity report.

22. Copy of letter dated 9/30/03 to Ray Valdes from Darrell Smith, FL Dept. of Revenue, re: 03/04 Tax Collector’s final budget.

23. Memo dated 10/1/03 to BCC from Lynn Meek, S.O., re: Awards for FL Governmental Agencies cooperative bid for S.O. vehicles.

24. Letter dated 10/7/03 to Chairman McLain from John Stanley, FL Commission for the Transportation Disadvantaged, re: Medicaid Non-emergency Transportation Program.

25. Memo dated 9/29/03 to County Clerk from Cheryl Brown, Jacksonville City Council, re: Water Resources Resolution.

26. Copy of letter dated 9/30/03 to Governor Jeb Bush from Linda Cook, Washington County Clerk, re: FL Water Resource policies and Water Transfers.

27. Letter dated 10/2/03 to Chairman McLain from Lawson Lamar, State Attorney, re: support of Level One Trauma Center.

28. Letters/form letters (various dates) to BCC re: opposition to pharmacy at CR 46A/Casa Verde/Lake Blvd. from: Nancy Van Husen; Clarence W. Smith; and Frank & Angela Dantona.

29. Form letter dated 9/13/03 to BCC from Chee Ngu re: support of restricting parking spaces to 25 at Mandel Property trails parking lot.

30. Letter dated 10/1/03 to Chairman McLain from James W. Ferber, Central FL YMCA, re: Lake Mary Family Center in Lake Mary and Markham Woods/E.E. Williamson site.

31. Copy of letter dated 10/3/03 to Deputy County Manager Rob Frank from Rodney R. Smith, Central FL Regional Hospital, re: appointments to Health Care Ad Hoc Task Force of Rodney Smith and Lawrence Vallario, MD.

32. Memo dated 10/9/03 to BCC from John Hillenmeyer and John Bozard, ORMC, re: Central FL Trauma Center Task Force.

33. Fax dated 10/14/03 to Chairman McLain from Robert A. Mandell, Greater Construction, re: withdrawal of zoning application on E.E. Williamson Rd.

34. Fax dated 10/13/03 to BCC from Debra L. Wert re: proposed trailhead parking on E.E. Williamson Rd.

35. Copy of letter dated 10/12/03 to Planning Division from Danny DeCiryan, North Lake Jesup Community, Inc., re: Hester Woods.

36. Letter dated 10/13/03 to Chairman McLain from Meredith H. Pickens, Shutts & Bowen, re: request for continuance of NW 46 Major Revision to PCD Master Plan.

37. Letter dated 10/7/03 to Chairman McLain from John Stanley, FL Commission for the Transportation Disadvantaged, re: Medicaid Non-Emergency Transportation Program.

38. Letter dated 10/8/03 to Chairman McLain from Jean Giangrosi re: Alcoholic Beverage Ordinance.

39. Memo dated 10/14/03 to Chairman McLain and County Manager Kevin Grace from Ray Valdes, Tax Collector, re: new Occupational License Ordinance update.

40. Letter dated 10/15/03 to Chairman McLain from Bill Suber, Property Appraiser, re: County Road District proportionate share of approved FY 03/04 budget.

41. Copies of letters dated 10/9/03 to Ray Valdes, Tax Collector, and Bill Suber, Property Appraiser, from Cathy Collins, FL Dept. of Revenue, re: final salary, FICA and retirement benefits for County Constitutional Officers for FY 03/04.

42. Letter dated 10/16/03 to BCC from Nicole B. Jerger, Governor’s Director of External Affairs, re: Capitol For A Day and Citizen Hours programs.

43. Press release dated 10/22/03 from FL Representative David Simmons re: 12/15/03 Seminole County Legislative Delegation meeting.

44. Memo dated 10/24/03 to BCC from Chief Penny Fleming, Sheriff’s Office, re: Sheriff FY 02/03 budget closeout.

45. Notice of 10/27/03 City of Sanford public hearing re: annexation of property between School Rd./Church St. and N. White Cedar Rd./Monroe Rd. (cc: Planning Manager, Elections Supervisor, Property Appraiser)

46. Notice of 11/3/03 City of Oviedo public hearing re: annexation of property on south side of CR 419 and east of Lockwood Blvd. (cc: County Manager, Planning Manager, Elections Supervisor, Property Appraiser)

47. Letter dated 10/24/03 to BCC from Diane Pickett Culpepper, Bright House Networks, re: HDTV programming changes.

48. Letter dated 10/16/03 to Chairman McLain from Diane Wasserman-Rubin, Broward County Commission, re: FL Water Law relating to the sale or transfer of water allocation. (cc: County Manager)

49. Letter dated 10/24/03 to Chairman McLain from FL Representative Sandy Adams re: FL House Workgroup on Homeland Security Workers’ Compensation. (cc: County Manager)

50. Copy of letter dated 10/20/03 to FL Senator Rod Smith from Jean Jeffcoat, PAY Program Manager, re: Article V Legislation on Teen Court.

51. Copy of letter dated 10/29/03 to James Bomford (and identical letters to all members of Seminole County Health Care Task Force) from Rob Frank, Deputy County Manager, re: first scheduled meeting of Seminole County Health Care Task Force.

52. Copy of letter dated 10/29/03 to FL Senator Lee Constantine (and identical letters to all members of Seminole County Legislative Delegation) from Rob Frank, Deputy County Manager, re: first meeting of Seminole County Health Care Task Force.

53. Memo dated 10/29/03 to BCC from Rob Frank, Deputy County Manager, re: citizen correspondence to State Attorney alleging improprieties on Chapman Rd. improvement project 6.

54. Copy of letter dated 10/23/03 to Sanford Airport Authority from Sam Kendall and Bob Bronson, Sustainable Communities Advisory Council, re: request for community meeting on Airport issues.

55. FL Division of Forestry 2002/03 Annual Report on fire control activities.

56. Letter dated 10/31/03 to Chairman McLain from Ray Valdes, Tax Collector, re: refund of $4,704,833 in unused revenue.

57. Memo dated 10/23/03 to BCC from Tom Jenkins, Brevard County Manager, re: November meeting of Charter County Managers to discuss annual dues for East Central FL Regional Planning Council (ECFRPC).

58. Letter dated 10/31/03 to BCC from Diane Pickett Culpepper, Bright House Networks, re: channel additions and changes.

59. Central FL Zoological Society, Inc. Quarterly Seminole County Commission Master Plan Progress Report and Quarterly Tourist Development Council Report.

60. Letter dated 10/15/03 to Chairman McLain from Bill Suber, Property Appraiser, re: FL Dept. of Revenue approved County Commission proportionate share of FY 03/04 budget.

61. Copy of letter dated 10/31/03 to Robert Mitchell, Jr. from Suzy Goldman, Library & Leisure Services Director, re: digital photography of possibly historic buildings slated for demolition.

62. Copy of letter dated 10/31/03 to Phil Penland, Altamonte Springs City Manager (and identical letters to all City Managers of all 7 Seminole County incorporated cities) re: Robert Mitchell’s letter for digital photography of possibly historical buildings slated for demolition.

63. Letter dated 10/25/03 to Chairman McLain from Leopold A. Potsiadlo re: commendation of staff at Seminole County Central Branch Library (Casselberry).

64. Letter dated 11/4/03 to Chairman McLain re: clean-up of accidental application of asphalt onto private driveway.

65. Letter dated 10/03 to BCC from Linda Williams, Community Health Centers, Inc., re: Summer 2003 Community Health Centers Times newsletter.

66. Letter dated 11/5/03 to Chairman McLain from Robert L. Moody, Crescent Retail, re: rezone request for property at CR46A/Casa Verde Blvd. (cc: BCC, County Managers, Planning & Development Director, Planning Manager)

67. Letter dated 11/5/03 to BCC from Lou Musica, Clear Channel Outdoor, re: countywide lighting ordinance. (cc: BCC, County Managers, Planning & Development Director, Planning Manager)

68. Letter dated 11/7/03 to Chairman McLain from Valerie J. Hubbard, FL Dept. of Community Affairs, re: proposed Comp Plan Amendment 03-2.

69. Letter dated 10/2/03 to BCC from Jefferson County Commission re: Jefferson County resolution pertaining to FL water resources.

70. Letter dated 11/6/03 to BCC from Karl Rectanus, eCivis Corp., re: Grants Locator.

71. Letter dated 11/9/03 to BCC from Sustainable Communities Advisory Council re: Joint Planning Agreement with City of Sanford.

72. Letter dated 10/15/03 to Chairman McLain from Bill Suber, Property Appraiser, re: FL Dept. of Revenue approved Seminole County Road District proportionate share of FY 03/04 budget.

73. Letter dated 10/15/03 to Chairman McLain from Bill Suber, Property Appraiser, re: FL Dept. of Revenue approved Seminole County Fire District proportionate share of FY 03/04 budget.

74. Letter dated 10/31/03 to BCC from John P. Saboor and Doug Barclay, Central FL Sports Commission, re: October activities report.

75. Letter dated 11/5/03 to BCC from Sandra Robinson, School Board Chairman, re: appreciation of support for Dori Slosberg Driver Education Safety ordinance.

76. Memo dated 10/23/03 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfers.

77. Letter dated 11/11/03 to BCC from Barbara Lewis re: improvements to “nuisance cat” animal trap policies.

78. Letter dated 11/10/03 to Chairman McLain from Robert M. White, Loch Arbor HOA President, re: rezone request for property at CR46A/Casa Verde Blvd.

79. Letter dated 11/4/03 to Chairman McLain from Robert & Sonja Greenlee re: rezone request for property at CR46A/Casa Verde Blvd.

80. Parks/Recreation Contract, as shown on page _________, for Services: Matthew Steverson (Tennis Instructor).

81. Letter dated 11/10/03 (with attachment) to Chairman McLain from Charlie Pierce, Central FL Trauma Center Task Force, re: presentation and handout materials. (cc: County Managers, County Attorney)

82. Memorandum dated 11/12/03 (with attachment) to BCC from Bob McMillan, County Attorney, re: September and October Monthly Litigation Reports.

83. Letter dated 11/17/03 to BCC from FL Representative David Simmons re: 12/15/03 Seminole County Legislative Delegation public hearing. (cc: BCC, County Managers)

84. Letter dated 11/7/03 to Chairman McLain from Janet Snyder Matthews, FL Dept. of State, re: FL National Register Review Board recommendation of Lake Mary Historical Museum to be formally nominated for listing in the National Register of Historic Places. (cc: BCC, County Managers, John Litton)

85. Letter dated 11/12/03 (with attachment) to Chairman McLain from Sheila Watson, Fanning Springs City Clerk, re: resolution supporting the existing FL Water Law. (cc: County Manager)

86. Letter dated 11/18/03 to BCC from Dr. Connie E. Collins, Crooms Academy of Information Technology, re: appreciation of funding for O-Force Prime Skills project. (cc: BCC, County Manager)

87. Letter dated 11/4/03 to Chairman McLain from Rick Joyce, Metro Orlando International Affairs Commission (MOIAC), re: liaison appointments to MOIAC of Commissioner Randy Morris as primary and Commissioner Grant Maloy as alternate liaisons. (cc: BCC, County Managers)

88. Letter dated 11/14/03 to Chairman McLain from Chris Bird, Alachua County BCC, re: notice of 12/4/03 FL Water Congress in High Springs, Alachua County. (cc: County Manager)

89. Copy of letter dated 11/20/03 to Wendy Russell, Sanlando Park, from 18 day team Captains (Beth Garber, Leigh Chase, Lynn Weisberg, Cathy McCalvin, Kelley Haak, Mary Page, Cynthia Nolan, Ann Lister, Neda Morris, Sofia Ownby, Cathy Lewis, Gail Heiser, Susanne Tucker, Lura Lenhardt, Nancy McLarnon, Petra Eady, Barbara McConnell, Marcelle Braemer and Jenny Jolinski) re: overgrowth of trees around tennis courts at Sanlando Park. (cc: Suzy Goldman)

90. Letter dated 11/21/03 to Chairman McLain from James L. Ely, FL Turnpike Enterprise, re: 12/1/03 FL Turnpike System-wide Toll Rate Rule Development workshop.

91. Copy of letter dated 11/21/03 (with attachment) to Kevin Grace, County Manager, from Carol Foster, Lake Mary City Clerk, re: Lake Mary Ordinances #1101 and #1111 providing for annexation. (cc: Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

92. Copy of letter dated 9/25/03 (with attachment) to Jim King, President of FL Senate; Johnnie Byrd, Speaker of the FL House of Representatives; and David Struhs, FL Dept. of Environmental Protection, re: 9/30 SJRWMD FL Forever Work Plan Annual Update.

93. Copy of letter dated 11/7/03 to Governor Jeb Bush from Kirby B. Green III, SJRWMD, re: SJRWMD 5-Yr. Capital Improvements Plan & Water Resource Development Work Program.

94. Copy of letter dated 11/21/03 to Governor Jeb Bush from Chairman McLain re: support of Miami-Dade as a permanent Secretariat of Free Trade Area of the Americas.

95. Copy of letter dated 11/21/03 (and identical letter to each member of the Seminole County Legislative Delegation) to Lee Constantine, FL Senator, re: support of Miami-Dade as a permanent Secretariat of Free Trade Area of the Americas.

96. Letter dated 11/21/03 to Chairman McLain from D. Ray Eubanks, FL Dept. of Community Affairs, re: their receipt of Seminole County Small Scale Development Plan Amendment by Ordinance #2003-49. (cc: BCC, County Managers, Planning & Development Director, Planning Manager)

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

98. Letter dated 11/21/03 (with attachment) to Chairman McLain from Thelma McPherson, Casselberry City Clerk, re: Casselberry Ordinance #03-114 providing for annexation. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, and Property Appraiser)

99. Letter dated 11/20/03 to Chairman McLain from Lucy Kisela re: Resolution #03-166 in opposition to legislation that shifts water supply allocations to a market-driven process and undermines the right-of-use policy. (cc: BCC)

100. Letter dated 11/30/03 (with attachments) to Chairman McLain from John P. Saboor and Doug Barclay, Central FL Sports Commission, re: November activity report.

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

102. Notice of 12/8/03 City of Sanford public hearing-annexation re: property between W. SR 46/Smith Canal Rd. and Central Park Dr./Upsala Rd. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

103. Notice of 12/8/03 City of Sanford public hearing-annexation re: property between E. Airport Blvd./Cornwall Rd. and S. Mellonville Ave./Sanora Blvd. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

104. Notice of 12/8/03 City of Sanford public hearing-annexation re: property between SR 46/Northstar Ct. and Central Park Dr./Upsala Rd. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

105. Letter dated 12/2/03 to Chairman McLain re: Seminole County Small Scale Development Plan Amendment by Ordinance #2003-38. (cc: BCC, County Managers, Planning & Development Director, Planning Manager)

106. Letter dated 12/2/03 to Chairman McLain re: Seminole County Small Scale Development Plan Amendment by Ordinance #2003-33. (cc: BCC, County Managers, Planning & Development Director, Planning Manager)

107. Memorandum dated 12/1/03 to BCC from Ann Freeman, SJRWMD, re: 2004 Governing Board meeting schedule.

108. Memorandum dated 12/5/03 (with attachment) to Diane Merkt, BCC Office, from Fran Sullivan, Tourism, re: minutes of November Tourist Development Council meeting.

DISTRICT COMMISSIONERS’ REPORT

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

Chris LaSage – Animal Control Board for a 1-year term ending 1/1/05

Willie Thomas – Historical Commission for a 2-year term ending 1/1/06; adopt appropriate Resolution #2003-R-221, as shown on page _________, commending Lorraine Whiting for her services on the Historical Commission

Walt Eismenn – Planning & Zoning Commission for a 4-year term ending 1/1/08; adopt appropriate Resolution #2003-R-223, as shown on page _________, commending Dick Harris for his service to same

Tony Tizzio – Trails and Greenways Task Force for a 2-year term ending 1/1/06

Bill Miller – Building Contractors Board for a 1-year term ending 1/1/05

Gene Simpson – Electrical Contractors Board for a 1-year term ending 1/1/05

John Dwyer – Mechanical Contractors Board for a 1-year term ending 1/1/05

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

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Commissioner Maloy updated the Board on the Economic Development Commission meeting relative to the dedicated sources of funding. He stated the Commission is going to petition the Legislature for a fee from occupational licenses to go to the EDC or a sales tax refund from Convention Centers over 70,000 sq. ft.

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Commissioner Morris stated this is the last meeting in December and he would like to wish the Board and their families the happiest of holidays and a Merry Christmas.

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

Bonnie Carrilon – Animal Control Board for a 1-year term ending 1/1/05

Alex Dickison – Historical Commission for a 2-year term ending 1/1/06

Leonard Greenbaum – Library Advisory Board for a 2-year term ending 1/1/06

Anthony Brown – Parks & Recreation Advisory Board for a 1-year term ending 1/1/05

Chris Dorworth and Dick Harris – Planning & Zoning Commission for a 4-year term ending 1/1/08

Tim Donihi, James Avitabile & Lisa Giltner – Trails & Greenways Task Force for a 2-year term ending 1/1/06

James Gable – Building Contractors Board for a 1-year term ending 1/1/05

Duane Pitts – Electrical Contractors Board for a 1-year term ending 1/1/05

Robert Dello Russo – Mechanical Contractors Board for a 1-year term ending 1/1/05

Leonard Greenbaum – Swimming Pool Board for a 1-year term ending 1/1/05; and adopt appropriate Resolution #2003-R-222, as shown on page _________, commending Michael Holt for his services to the Swimming Pool Board.

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

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

Kathleen Prince – Animal Control Board for a 1-year term ending 1/1/05

Wes Pennington – Board of Adjustment for a 4-year term ending 1/1/08

Don Epps & Bonny Ward – Historical Commission for a 2-year term ending 1/1/06

Beverly Myers – Library Advisory Board for a 2-year term ending 1/1/06

Chuck Mitchell – Building Contractors Board for a 1-year term ending 1/1/05

Bob Herring – Electrical Contractors Board for a 1-year term ending 1/1/05

Paul Honeycutt – Plumbing Examiners Board for a 1-year term ending 1/1/05

Robert Bowden – Well Drillers Board for a 1-year term ending 1/1/05; and adopt appropriate Resolution #2003-R-224, as shown on page _______, commending Melanie Cornell for her services on the Port Authority

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

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Commissioner Henley stated he would like to alert the Board that at the Lynx workshop a number of items were discussed. He stated the Audit Committee is reviewing one issue and that issue relative to whether or not Lynx should continue as a CTC is under serious consideration. If Lynx declares an emergency, then it would return to the MetroPlan Board. MetroPlan will then decide whom they want to contract with. Lynx has looked into the pros and cons of them remaining as a CTC and they have begun doing some preliminary work on an exit strategy. Bus operations and the fixed routes have been returning a surplus. The para-transit access is the one that has gotten Lynx into a difficult situation.

Commissioner Henley explained for Chairman McLain the reason why the para-transit is losing money.

Commissioner Henley stated he has been notified that the State is going to bid out Medicare themselves as a state contract rather than each of the local entities doing that. He stated he doesn’t know what impact that will have and it will probably cost Lynx.

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Commissioner Morris stated the Casselberry Water Plant issue is moving forward before the BOA and he doesn’t know what staff has done on this issue, as there is no other Board meeting this year. He stated there is a timing problem here as there is a 15-day appeal process.

Commissioner Henley stated the question is does the Board have to act on the appeal or does it have to be filed within 15 days?

Commissioner Van Der Weide stated the appeal can be filed at the District Commissioner’s request.

Commissioner Henley stated he doesn’t know what the final plans will be and the pressure from the community is building daily. It won’t be a real concern to the Board as long as the appeal is filed.

Mr. McMillan stated the Board won’t be able to pull it up because there isn’t a meeting until January and the District Commissioner will not be able to pull it up because there is no meeting. Any citizen in the area can file as long as it has been within 15 days.

Commissioner Henley stated it was before the Board and they asked staff to meet with the citizens to explain what is happening out there.

Commissioner Van Der Weide stated he is not sure that this Board couldn’t decide to pull it up now regardless of the outcome.

Don Fisher, Planning & Development Director, addressed the Board to state the BOA meet on the fourth Monday of the month and he doesn’t know if they made special arrangements for the holidays. He stated he is not familiar as to whether the Board can take action now.

Mr. Grace stated the Board may want to authorize the District Commissioner or Chairman so if that occurs, they could act at that time.

Mr. McMillan stated the Code provides that the Board could call it up and appeal on its own. The Board can appoint the District Commissioner or the Chairman to give them the authority to appeal on behalf of the Board.

Chairman McLain questioned if the Board is predetermining that if this is approve, they will appeal it automatically. He said that brings him some concern.

Commissioner Morris stated it gives them an option to bring it before the Board.

Mr. McMillan stated the Board could authorize that to happen and then the Board could determine, at their first meeting, whether they want to withdraw the appeal.

Commissioner Henley stated he has no problem keeping the options open, but he doesn’t know what to appeal, as no final presentation has been presented to the BOA.

Motion by Commissioner Henley, seconded by Commissioner Morris to authorize District Commissioner Henley to reserve the option to call this item (Casselberry Water Plant) before the Board for review, if they choose to.

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

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Chairman McLain presented District 5’s Board and Committee Appointments for approval.

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

Debra Garrambone-McMenemy – Animal Control Board for a 1-year term

Alan Rozon – Board of Adjustment for a 4-year term

Gary Monsees & Brian Volk – Parks & Recreation Board for a 1-year term

Cindy Gennell, Mike Martin & Al Stimac – Trails & Greenways Task Force for a 2-year term

Bob VonHerbulis – Building Contractors Board for a 1-year term

Bill Allen – Electrical Contractors Board for a 1-year term

Angelia Gordon – Mechanical Contractors Board for a 1-year term

Jeffrey Bauer – Plumbing Examiners Board for a 1-year term

Mike Holland – Swimming Pool Board for a 1-year term

Bill Parrish – Well Drillers Board for a 1-year term

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

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The Chairman recessed the meeting at 3:15 p.m., reconvening at 7:01 p.m., with all Commissioners, with the exception of Commissioner Morris, who was absent, and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARINGS

TEXT PLAN AMENDMENTS/CONSERVATION

VILLAGE DESIGN CONCEPT

Proof of publication, as shown on page _______, calling for a public hearing to consider adopting an Ordinance approving the proposed text amendments to the Future Land Use Element of the Seminole County Vision 2020 Comprehensive Plan to implement the Conservation Village Design Concept in Sub Area 1 of the Myrtle Street Special Study Area, received and filed.

Tony Walter, Assistant Planning Manager, addressed the Board to present the request. He stated that the Department of Community Affairs (DCA) has reviewed the proposed amendment and found there are no objections and they have no comments at this time. He said currently the staff is working with the Neighborhood Task Force, development community and special interest groups in developing the implementation language. Staff plans to bring that information back to the Board after the first of the year for the Board’s direction and implementation. Mr. Walter said should the Board approve this request, the adoption ordinance will be presented at the end of this meeting following the last large scale amendment item this evening.

District Commissioner McLain thanked Mr. Walter for the hard work he has done on this. He said the whole idea is to maintain the rural character of this part of the County in the urban boundary.

Deborah Schafer, 1740 Brumley Road, representing the Seminole County Voters Association, addressed the Board to state she has been sitting in on the Myrtle Street meetings and it’s wonderful they are looking at a conservation village. However, she said they need a true one and not just one with a fancy name. She said she has provided copies of the Prairie Crossings Conservation Village (copy received and filed). This is a perfect one and she hopes the Board can review this information. She also asked the Board to scan the book, “Rural By Design.” She said it would give a true implementation of what a conservation village should be about. She stated her concern is why is the Board voting on an amendment that has no language to it yet. She fears they have a “cart before the horse.” She asked what if the wording in the amendment does not turn out like they all hope it would; can it be removed from the Comprehensive Plan. She asked the Board to look at how they do the process. She encouraged the Board to do it the opposite way.

Tony Matthews, Principal Planner, advised the Board he has a copy of the book Ms. Schafer referenced.

Tony Walter stated staff is asking for language that facilitates the concept and not the language that implements it. He anticipates having the language done before June, 2004.

Ann Esterson, 1235 Myrtle Street, addressed the Board to state she has land she has been hoping to develop for over two years. She stated in developing, the Board has to look at parcels they already have on Myrtle Street. What is actually developable is very much smaller than 60 acres. The only areas are the farms that touch Myrtle Street and the owner to the east of them. She is comparing them to the other conservation villages that are hundreds of acres larger. She said staff is trying to make this work on a 20-acre parcel. They are not trying to apply this to small areas. They have to respect the properties that are there and can’t make it something it is not.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the proposed text amendments to the Future Land Use Element of the Seminole County Vision 2020 Comprehensive Plan to implement the Conservation Village Design Concept in Sub Area 1 of the Myrtle Street Special Study Area, as presented by staff, to be enacted by adoption of the single ordinance presented; as described in the proof of publication.

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

TEXT AMENDMENT TO COMPREHENSIVE PLAN

RE: ORLANDO SANFORD AIRPORT

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance adopting the proposed text amendments to the Seminole County Comprehensive Plan (Vision 2020 Plan) to ensure compatible land uses adjacent to the Orlando Sanford International Airport, with staff findings and recommendation, received and filed.

Tony Matthews, Principal Planner, addressed the Board to state the Board approved transmitting the text amendments to DCA on August 26 of this year; and on November 7, staff received a letter from DCA (copy received and filed) stating they have no objections. A copy of the Private Property Analysis was submitted to the Clerk and previously submitted to the Board by staff. Mr. Matthews said staff is recommending enacting the ordinance that will be included, if approved, in the single ordinance that is next on the agenda.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve adopting the proposed text amendments to the Seminole County Comprehensive Plan (Vision 2020 Plan) to ensure compatible land uses adjacent to the Orlando Sanford International Airport, with staff findings and recommendation; as presented by staff; as described in the proof of publication.

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

LARGE SCALE CYCLE AMENDMENT ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of Ordinance adopting the previously approved Fall 2003 Cycle Large Scale Amendments to the Seminole County Comprehensive Plan, received and filed.

Mr. Matthews advised adoption of this ordinance includes the Citrus Road Amendment/John Percy, annual Capital Improvements Element Update, Conservation Village, and Orlando Sanford Airport area properties. He said staff is recommending adoption.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to enact the Fall 2003 Large Scale Cycle Amendment Ordinance #2003-63, as shown on page _______, adopting the previously approved Fall 2003 Cycle Large Scale Amendments to the Seminole County Comprehensive Plan; as described in the proof of publication.

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

ORANGE MALL REZONE/

CONSTANCE OWENS

Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance to approve the proposed rezoning from C-2 (Commercial) to PCD (Planned Commercial Development District) on approximately 12.9 acres located in the Fern Park Shopping Center abutting US 17-92, south of Fernwood Boulevard, received and filed.

Mr. Walter presented the request, stating staff is recommending approval with findings as listed in the staff report.

Attorney Tommy Boroughs, Holland & Knight, 200 S. Orange Avenue, representing the applicant, addressed the Board to state they are proposing the rezoning in order to redevelop the old K- Mart site and proposing to have a mini mall. He stated this would be a seven-day a week operation with all new merchandise and bona fide antiques. This use will not be at all inconsistent with whatever future use that comes out of the CRA plan. In this plan everybody benefits. The owner will be able to put to use the property that has been vacant for about eight years. This will increase the tax roll and the site will look a lot better. The owner will totally repave the parking lot and put in islands and a lot more landscaping. They will end up with 25% open space. Also, the people in the area will get the opportunity to have new places to shop and small business people will have the opportunity to go into business there. This will bring shoppers to this project and surrounding projects to create some active retail marketing. Staff has recommended approval subject to conditions. They agreed to all the conditions except one.

Attorney Boroughs advised that the P&Z unanimously approved this request and made the specific point that the Land Development Code for redevelopment is entirely too restrictive and needs to be more flexible.

Connie Owens, Project Manager with Land Design Innovations, applicant, addressed the Board to show and describe the site plan (copy received and filed in the staff report). She answered questions by Commissioner Henley about the retention ponds, landscaping, and handicap parking.

Charlie Messi, Vice President, RD Management, addressed the Board to state they want to make this a good-looking site for the community and County. They want to help turn around the retail in the area and hopefully bring in new retail. He responded to questions that came up at the public meetings held with the neighbors. He said he can’t tell what the building façade will look like because they don’t have a tenant yet, but he has a concept for the interior of the building. He distributed copies of the plans for the Board’s review (copy received and filed for the Record). Mr. Messi stated he can’t say why there has not been a tenant in the building for the past eight years. They have a leasing team in their office that is working with the team in Florida, who have been trying to market the property for years. He said, unfortunately, there has been a negative connotation with the area. They are trying to erase that.

Mr. Messi answered questions by Commissioners Van Der Weide, Henley, and Maloy about the transition period, the type lease he is trying to market, and other operations he might now have.

Commissioner Maloy stated it would have been helpful if more information had been brought forward on other operations.

Mr. Boroughs said they have tried to work with everybody and figure out how to work with every requirement they had. He advised he had two community meetings and a lengthy meeting with Glatting, Jackson and Kevin Fall in connection with the CRA long-range plan. He pledged their support and cooperation to work with them on that plan. He has offered this parcel as one of the pilot parcels and is hopeful to come out with something that will be useful for everyone.

Mr. Boroughs discussed the condition they disagree with. He said he thought they could do 10’ x 18’ parking spaces with 2’ overhangs. At the P&Z meeting they were trying to get less than 25% open space, and staff said they didn’t want to agree to that. They took a break and discussed it and thought they had a deal with staff. He said staff said they could do some compact spacing. He noted they would only need 366 parking spaces if they opened a business like K-Mart and this plan calls for 670 spaces.

Upon inquiry by Commissioner Maloy, Mr. Boroughs said alcohol consumption would be restricted in the leases.

Ben Akers, 1206 Winterberry Lane, addressed the Board to state this site has stayed vacant for so long and it is an eyesore. The area is continuing to go down and more stores are closing in this area. In this proposal, the applicants are willing to spend a million dollars to upgrade the site. They are hoping it will bring more people into the area and more shoppers, and hope it will help other businesses in the area. Also, this will help small businesses. He realizes this is not a cure-all for the problem, but it is a start in the right direction.

Alex Greenspoon, 230 Oxford Road, representing Oxford Storage, addressed the Board to state logically speaking, he cannot see anybody in the audience who could have anything against a project like this. If the project is successful, there will be nicer parking in Fern Park.

Stan Bessmer, 1301 Glastonberry Road, addressed the Board to state he disagrees with Mr. Akers that businesses have been leaving. He said years ago, they had a flea market and it took close to 20 years to get rid of it. Now, they have another flea market planned. If it is allowed to go in, it will set Fern Park back a good number of years. He believes if the owner had responsibility of that building, he should not have allowed it to deteriorate as he did. He said the Board is listening to a lot of words and don’t have a lot of facts. He thinks they should study this again. He asked the Board to delay taking action and find out what the facts are.

Commissioner Susan Doerner, Casselberry, 211 S. Embrey Drive, Member of the Advisory Committee for the CRA, addressed the Board to state the Advisory Committee has come out against this project. Speaking for herself, she said this is a development that is industrial in caliber. They have an area that is beginning to excel and improve. She doesn’t feel this type development will enhance their community. A flea market is appropriate for areas for a certain type zoning. This will have an area already suffering from underdevelopment and perhaps poor development. This project is a very hard blow. She said hopefully the applicant can work with the Small Area Study and look to create something that is more conducive to shopping and helping the community. She said the community lacks retail and professional office buildings. She fails to see that a flea market of this caliber and intensity will meet much of the need in the area.

Anne Blakley, 2350 Worthington Road, addressed the Board to state she has done quite a bit of talking with others. She said a flea market is not a business that can come onto this property without a change of zoning. A change to PCD is a downward change with regard to land use. She said they have been waiting a long time for redevelopment. At present, there is a redevelopment agency that is actively looking at this segment of 17-92. The study for same will be done in the early part of 2004. She was told that in the next two years they will be seeing improved drainage. While she respects the Board’s need to listen to the P&Z, she asked them to consider the questions, does anyone on the P&Z Board represent this area of the County, and have they been in communication with the redevelopment agency and its plans for this corridor. She understands that the CRA Board is not in favor of a flea market. She asked if the Board had been in communication with the Sheriff’s Office. She asked the Board to vote no so they can obtain the study and hopefully move forward with redevelopment.

Commissioner Van Der Weide responded that actually when you go to PCD from C-2, that gives much more flexibility with what you can do. Mr. Grace added that it is basically a negotiable agreement so the Board could limit the uses and negotiate conditions.

Commissioner Henley advised Ms. Blakey that a flea market is not allowed in C-2 zoning. Commissioner Van Der Weide added that PCD gives the Board more control no matter what goes in on the property.

Vanessa Bailes, 212 Doverwood Road, addressed the Board to state she also opposes this project. She believes this would be a step back to their community. She hopes the Board will take that into consideration and turn it down.

Nancy Harmon, 752 Pioneer Way, addressed the Board to state she doesn’t feel putting a flea market in a building of that nature is going to promote the kind of people the citizens are trying to attract to their community. It would be people that cause more police response and control. She said the gentleman told nothing about police protection for the employees. To her, this would be putting a lot of people in an opportunity to get victimized. She thinks doing something for the building is wonderful, but there is already a flea market in the County that is doing a good job. She said find something else to do with this facility.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Mr. Boroughs responded to comments made. He said they are happy to work with the study that is going on if he could get a firm date to come back before the Board after working with them. If they could come back sometime in April, they would be willing to work with the Committee to see what they could come up with. He said they will work with anybody. Nobody wishes they could find something better than the owner. They are definitely interested in not just a short-range solution but also a long-range solution. They are willing, if the Commission is willing, to table this and can give them a time certain to return.

Chairman McLain said that’s a good point Mr. Boroughs made. He heard Mr. Bessmer state there is one document that the public has not seen. He thinks it is commendable the applicant wants to work with the CRA, staff and consultant. He will see what the feelings of the District Commissioner are.

District Commissioner Henley stated this Board has spent hundreds of thousands of dollars with the intent to try to improve the area. However, he’s one Board member who didn’t vote to spend money to attract a flea market. He said they’re looking for something better. As indicated before, he doesn’t really look at this as redevelopment. The applicant is doing nothing to the building other than trying to get a use that is not appropriate or approved by the zoning that exists there. They would zone to PCD to accommodate that wish, and at the same time the Board has been asked to make some compromise as it relates to parking and some other issues. He said he is not satisfied at all that 25% should be left aside for seasonal. He would insist, at what time the Board decides to vote this up or down, that there be some additional conditions placed on the project. He agreed with the question by Commissioner Maloy about alcoholic beverages. He would want the sale of that prohibited and also no outside display of storage or sales. He said if RD had been marketing the site as strongly as they could have been, he doesn’t believe they would have allowed it to become an eyesore. He has talked to Mr. Boroughs and Mr. Howell before about the options to zone or grant a continuance and asked them to work with the CRA, Planning staff and consultant to see if they could come up with something that is acceptable with everyone.

Chairman McLain said he thinks that is one of the positive things that has come out of this. He commends and appreciates very much the owner’s willingness to take another look at this to see what can be worked out that would be acceptable to the community and the Board.

Motion by Commissioner Henley, seconded by Commissioner Maloy, to continue to the first meeting in April the request to adopt an ordinance to approve the proposed rezoning from C-2 (Commercial) to PCD (Planned Commercial Development District) on approximately 12.9 acres located in the Fern Park Shopping Center abutting US 17-92, south of Fernwood Boulevard, as described in the proof of publication, Orange Mall Partners LLC/Land Design Innovations, Inc., Constance Owens.

Under discussion, Commissioner Maloy stated when this comes back, there should be more details about uses in other places or if there is documentation that these sites attract crime. It would be helpful to see the statistics on what goes on elsewhere. He also said it would be helpful to see a picture of what the facility would look like.

Commissioner Van Der Weide stated no matter how long they study this, he doesn’t know where a seven-day-a-week business would have any storage space with 10’ bay areas. He doesn’t see how this would work and be any kind of benefit to that area or the CRA. However, he is willing to go along with the District Commissioner’s recommendation. He would like to think that after the study, there would be a recommendation to come up with something much better than this. He thinks this is a stopgap measure.

Commissioner Henley said basically what they have in drawing is pegboard and 2x4’s. He has never been in agreement with the 10’ sizes; customers would be shopping from the aisles. He thinks it is important for them, since the applicants are willing, to give them the opportunity and the consultant also to see what type improvements they could come up with to make this acceptable.

Chairman McLain said he hopes the staff, CRA, and property owner can come up with benefits that will help the owner and the County. He said he will support the motion to continue to April 13, 2004.

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

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Chairman McLain recessed the meeting at 8:22 p.m. and reconvened at 8:32 p.m.

MAJOR REVISION TO PRELIMINARY

MASTER PLAN/MIKE JONES, ESQ.

Proof of publication, as shown on page _______, calling for a public hearing to consider approving a major revision to a PUD Preliminary Master Plan for an 18.66-acre parcel located south of SR 426 and west of Deep Lake Road, per the amended Development Order, Harvey Slayton and Susan Irelan, received and filed.

Commissioner Van Der Weide stated it is traditional that if a developer or staff wants a continuance, the Board pretty much grants that. In this case the Board has been receiving letters and e-mails from citizens who would like this request continued for various reasons, and he asked the District Commissioner if he would feel comfortable with that. A copy of the letter from Ms. Annette Russell was received and filed.

Commissioner Maloy said he has received some of the same e-mails regarding continuing this item, and from most of them there seems to be some distrust in the process that this was coming up just one week after the P&Z meeting. He can understand that apprehension, but he doesn’t know how to separate those away from this project. He would like to bring back some ethic proposals he suggested in the past with regard to lobbying registration. He said he plans to bring this back in January. There have been three public hearings on this property and this would be the fourth. He said he is trying to sort through it all and trying to find the best project that runs in line with the original commitment of quality townhomes and single family in the back. He would like tonight to hear all the input; at least the testimony. In talking with the staff, applicant, and neighbors, he believes there are enough conditions that can be placed on this to ensure this is a quality development. If not, he would have no problem with continuing the hearing.

Commissioner Henley stated he also received some e-mails requesting a continuance. He would like the County Attorney to address that for future reference.

Mr. McMillan stated anyone can request the Board to delay a hearing, and any continuance is at the discretion of the Board. If anyone appears and believes their rights have been prejudiced by the fact of the proceedings, they can make the case for granting or denying. Denying the continuance is not a matter that can be used to challenge the proceedings unless it somehow prejudiced a party. If issues are raised that indicate a need for a continuance or are grounds for a continuance, then that is something the Board would need to address no matter who raises it.

Don Fisher, Planning & Development Manager, advised the timing for items to come before the Board is the first meeting after the P&Z meeting.

Attorney Mike Jones, on behalf of Roche Development, addressed the Board to state he had not heard anything like this about a continuance from anyone or staff, and he can’t understand why anyone is bringing this up now.

Chairman Van Der Weide pointed out in the December 3, 2003 minutes of the LPA/P&Z Commission (pages 2 and 3) where Mr. West commented about pending litigation and topics to be addressed at the December 9 BCC meeting.

Upon request from Commissioner Maloy, Mr. Fisher gave background information on how this item got before the Board. He explained that the item was heard at the December P&Z meeting and there was time available for the applicant to get through the process, and it needed to be done sometime before the end of the year. He said some of the restraints have been because there was only one meeting in November and in December, and staff advised the Board and asked for direction on going to the P&Z and to the BCC tonight. He stated it is not unusual to have a hearing on the heels of the P&Z meeting, especially at this time of the year. Ordinarily, staff tries to have the public hearing for the second meeting of the BCC in the month, but in a month when there is only one meeting, they don’t have that opportunity. He said he has reviewed this site probably more than any other tonight. Staff feels they have had adequate time to discuss the site evaluation. He reviewed that this hearing is to set the density, number of units, architecture, and access locations. There will be other opportunities for the County to see the final master plan and final plat.

Mr. Hopper presented the request, stating on December 3, the P&Z voted approval with stipulations. He said staff has no objections to the proposed access plan and recommends approval, subject to conditions in the staff report and development order. He advised Commissioner Van Der Weide that the response letter (copy received and filed) from the Department of Transportation indicated no problem with the requested access.

Commissioner Maloy advised how he had his secretary contact DOT and ask for someone to come out and advise County staff what they could agree to regarding the access. He said the response letter from DOT was a follow-up to the visit by Mr. Gilhooley of DOT.

Mr. Jones gave background information regarding the Beazer Homes and Morris Homes contracts. He explained that Ryland Homes has agreed to what the County wanted. He showed a picture (received and filed) of the proposed plan and said they are larger, two-story units than proposed under the Beazer plan. He explained that it was suggested earlier that the applicant should keep the plan at 65 units that were approved a long time ago. He said they have basically done that. When the 65 units were approved, that was for 10 acres. They have added an additional 4 acres and another 30 units, so they are in line. He is asking for approval of 100 units with that elevation. He said as far as access is concerned, they will abide by what the County has set forth as pointed out in the development order. If they cannot resolve something with the Claytons before they build or if the property north of Aloma is developed, they will move the road away to the west side of the property with right-in and right-out. He said this plan is in keeping with the plan by Centex to the west; they are getting nine units an acre. He further advised they accept the staff conditions.

Ken Landy, 5540 S. Lake Burkett Lane, member of the Trinity Bay Homeowners’ Association, addressed the Board to state he is asking assistance in getting a continuance granted on this project for two reasons--ethics and the traffic. He said they are not anti-development, but basically they are looking for a solution that is agreeable to everybody involved. He said this would give them time to sit down with the developer and see the plans, as this is the first time they have seen them. He said it is the ethical thing to do to give them a chance to review this. He asked what is going to happen with the traffic when this comes along. The applicant is proposing a right turn that will require the people to go down and make a U turn under 417.

Ira Jarvis, 4925 Echo Court, addressed the Board to state the last time he spoke in favor of the request but this time he is speaking against it because of the access. He said he believes the western route that is planned for access on 426 is in close proximity to Regal Lane, and he doesn’t know how the applicant plans to do that. A copy of Mr. Jarvis’ written comments were received and filed. Additional copies of the same comments signed by George Martin and James Robinson were received and filed.

Craig Bailey, 5310 North Lake Burkett Lane, representing Trinity Bay Homeowners’ Association, addressed the Board to state they are in support of planned and controlled growth. A plan has been presented by the developer tonight, which they have not seen. He said last year’s proposal was for combined water retention. Tonight, they were told the applicant is going to relocate the water off site. He said they are located at the south end where the water drains off. He asked where does the water go off site. Without a firm plan, the control of the project could become very difficult. He showed a picture (received and filed) of the trees left after Centex removed some of them and asked what is the applicant’s plan for replacing trees that are removed. He said this neighborhood is very concerned about what is going in to the area so the question is, “What is the rush”? They feel the plan is being pushed down their throats. They are very skeptical and suspicious of this project and would feel more comfortable if they could review this plan.

Marcus Griffin, 2754 Regal Lane, addressed the Board to state he has been trying to find out how this got fast-tracked again. He finds it difficult to find any rational reason why this happened and without any semblance of a plan. That concerns him. They already know the front 100 units probably do not meet the open space and drainage requirements. This does not even qualify for a poor plan. He said he is concerned about this project getting rubberstamped by staff at the P&Z meeting. He is asking for a continuance so that the citizens of the affected community might properly review this plan. He said the intersection, without any concrete plan, is a magnet of death. He stated this development company has not made any attempt to meet with the community. On the other hand, Charles Clayton has met and is trying to work with them. He showed a picture (received and filed) of Mr. Clayton’s quality project from the citizens working with the developer and said he hopes they have a voice in this project.

Ivy Hill, 8436 Anson Way, addressed the Board to complement Commissioner Maloy on what he is doing for them. She thinks the greater issue here is the trust and welfare of the community she lives in. She can’t imagine that a major revision, in fairness to the surrounding community, should not be given to them to review it. She said it does not seem like it gives them time to evaluate the impact this will have on their community. It has been only four business days that this was given and it is being presented tonight. She said until the egress can be made, she can see this as a very dangerous area to live in. She thinks something needs to be done to improve the safety of the community for the children that have access to that area. She requested a continuance to give them time to evaluate and study the plan.

Patty Duffy, 8420 Admiral Point, Board member of Trinity Bay Homeowners’ Association, addressed the Board to state nothing has changed since last year with the Deep Lake project. She is seeing the same things with the developer. As a community, they are tired of seeing history repeat itself and want to put a stop to it. She said they had four days to try and come up with as much information as they could. They were told they would see the master plan, but the problem is they would not have any input in the short time to prepare. She said there are two separate projects, South Tuskawilla and Deep Lake PUD. Staff is trying to convince the Board that these projects would be combined into one. She is asking that these developers be held to the same parameters as anyone else and not be given special treatment. She said there is still a lot of mistrust and they have not been given time to look at this project.

Annette G. Russell, 5220 N. Lake Burkett Lane, addressed the Board to ask that this be continued on the grounds she thinks any reasonable man would agree that this is a very complicated project with complicated issues of traffic and open space. Nothing seems to be “black and white.” She said she did not get much time to research and get her homework done on this. She said they would like to get some kind of assurance of what this is going to look like, the unit number, and a little more certainty on the traffic. She thinks Mr. Jarvis has a significant problem and legal stand. With the western boundary line, she has a full view of the project. She said the County requires, by code, a 25-foot buffer and currently there is a 10-foot buffer proposed. She is asking that the 25-foot buffer be preserved. She thinks most of the trees are in that. She would like to ensure she is not going to be looking at 10 garage doors in place of the trees. She showed a picture to the Board (not received and filed).

Wendy Saliga, 3055 Tuskawilla Road, addressed the Board to state she is concerned with what will they end up with if the proper channels are not honored this time. They are not really being afforded that because of the fast track nature of this project. She said all are aware of Commissioner Morris and Jim Stelling’s involvement previously. On March 12, 2002 at the evening session, the BCC approved the Centex project. April 9, 2002, is when the Deep Lake 65 units were first approved. Commissioner Morris knew about this project and failed to mention it. She said what they want is for a chance for their attorney to review the real thing. She asked what is the hurry. How are they as constituents supposed to give this the proper review. They do not want to deny any property owner his rights to build, but why should their rights be denied either. This is about Seminole County and its commitment and integrity the Board imposes tonight.

Chris Saliga, 3055 Tuskawilla Road, addressed the Board to state they have been talking about this for two years, and it is obviously a hot topic. He reviewed the background history, and asked how did this item get back before the BCC again. He said he considers this a waste of time as loose ends are not tied. He read from the copy of a letter (not received and filed) on their concerns. He said this is the final public forum and if they don’t get these questions answered before the Board now, who is going to answer them. He said four days between meetings is not enough time. They just wish to create a more compatible project.

Laurence Mills, 8435 Anson Way, addressed the Board to state his major concerns are traffic and the fast-tracking of this project. He requested a continuance of the public hearing.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Attorney Jones stated he finds it confusing calling this fast track and then saying this item has been heard four times in the last year. They have already lost two contracts, maybe three, and is on the border to lose another one. He said at the last Commission meeting, the Board set this hearing. There is nothing they have done that has not been out in the open and the people have not had the opportunity to see or inquire about. The plan is the same except for density and access. The traffic count is the same. The retention and wetlands have been addressed. The traffic problem is something that will work itself out. He is now sitting with a project they could very well lose if there is a delay. He said the citizens want more time for what. There is nothing else to look at. He explained again that the density is exactly what Commissioner Maloy asked for a year ago. They have done everything asked of them. These things can all be addressed later. He said this project is a lot less than the Centex project. He asked the Board to not hold the property hostage.

Upon inquiry by Commissioner Maloy, Mr. West showed the original plan approved in April, 2002, and said the current plan has more details than is required. He explained those things that are brought back at final master plan for approval. Discussion ensued.

Chairman McLain said he thinks he’s hearing a concern by the community based on why things have happened and their perceptions about how the process worked. He personally thinks this project should move forward, and the community needs the benefit of the doubt to have the opportunity to meet with staff and the developer and clear up some of these issues. He said this has been a long process and been unfair both to the property owners and residents. He would like to move forward, get some items cleared up and have this come back before the Board at the first meeting in January, 2004. Discussion ensued regarding continuing the hearing to the first meeting in January.

Attorney Jones reiterated this project has to be closed by January.

Upon inquiry by Chairman McLain, Mr. Fisher advised if the Board approves this request tonight, they can require a public hearing to consider the final master plan.

Discussion ensued between the Board and Mr. West with regard to Mr. Jarvis’ access easement.

Commissioner Maloy stated he would like to see a quality development in the area.

Chairman McLain recessed the meeting at 10:05 p.m. to allow Commissioner Maloy time to meet with staff. He reconvened the meeting at 10:13 p.m.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve the requested major revision to the Preliminary Master Plan for Deep Lake PUD, located on 18.66 acres in the Higher Intensity Planned Development (HIP) land use designation located south of SR 426 and west of Deep Lake Road; per the amended Development Order, as shown on page _______, with the following amendments and additional conditions to the Development Order; as described in the proof of publication, Mike Jones:

Changes to the Development Order:

(J) There shall be a 60-foot setback and a 6-foot masonry wall. The buffer will be left undisturbed.

(K) . . .to ensure that the landscaping is matching with that of the Centex development to the north on Tuskawilla Road, so it is all consistent and similar in design.

(M) Tracts I and J would be C-1.

(O) strike the wording from the last part of the sentence, “as shown on the Preliminary PUD Master Plan.”

Changes to include from the staff report:

(Q) All units will have 3 bedrooms and 2 baths, as a minimum, and will range in size a minimum under AC of 1,324 square feet.

(R) All units will be 2-story townhomes to be sold fee-simple.

(S) Front walls will be staggered to create architectural relief.

(T) All units will include a 2-car garage.

(U) Supplemental guest parking will be required.

Additional Changes:

(V) No motorized equipment in the water feature.

(W) A tree survey will be required prior to final engineering and staff will ensure protection of trees during construction.

(X) The windows on the second floor, immediately north of the Saliga’s property, would be frost-opaque.

(Y) The windows are limited to the maximum height of 35’.

(Z) No street lighting within the 60’ buffer. All lighting throughout development would be 16’ maximum height.

(AA) The final master plan would be at an evening public hearing and allow public comments. All speakers at the BCC meeting of Dec. 9, 2003, and surrounding property owners would be notified. A community meeting prior to that public hearing would be held and notification would be sent to all surrounding property owners in Trinity Bay and Bear Creek. A community meeting would be held prior to the public hearing for the final master plan. The agreement with DOT would be worked out before the final master plan.

Under discussion, Commissioner Maloy said he thinks the motion covers every concern he has heard.

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

A Memorandum of Voting Conflict, as shown on page _______, for Commissioner Morris was received and filed.

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Mr. McMillan clarified for the Record that at the last meeting, November 18, 2003, when the Deep Lake item was discussed, Commissioner Morris indicated he would file a Conflict of Interest and not vote on this matter. Apparently, the Clerk was looking for that document. He clarified that there was no vote taken at that meeting, so no Conflict Form needed to be filed and there won’t be one filed for that date.

PUBLIC COMMENTS

Chairman McLain advised that tonight there was a meeting of the Animal Control Division with the Ad Hoc Committee and Mr. Montye Shoemaker asked for the opportunity to make some brief comments to the BCC.

Montye Shoemaker, 714 Ballard Street, addressed the Board to state there is a problem that involves many animals Countywide. They have uncovered some distressing findings. The Committee had planned to come to the Commission in January, 2004, and present their recommendations and suggestions. He said regretfully, they are not going to be able to do that, but they hope to do so in February; and, if not, certainly in March, 2004.

Bonnie Carollin, 6401 S. Mayflower Court, addressed the Board to state they are looking forward to bringing some innovative ideas. They will bring a program and suggestions they hope will bring Seminole County the limelight she deserves with regard to animal welfare.

DISTRICT COMMISSIONER’S REPORT, Continued

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to reappoint F. N. Goodall to the Well Drillers Contractors Trade Board for a one-year term ending January 1, 2005.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:25 p.m., this same date.

ATTEST: _____________________Clerk ____________________Chairman

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