talents of its more than 42,000 students, 115,000 alumni, and 8,700 faculty and staff. In 2003, UCF research awards reached $89 million, including $7.5 million from NASA. He stated that today UCF’s students come from all 50 states and 156 countries. UCF is now among the 8 largest universities in the nation. This year marks the 40^th anniversary of UCF and also the 25^th anniversary of Florida’s two-plus-two partnership with the community colleges. He advised a Memorandum of Understanding was established in 2003 between SCC and UCF for the Seminole Technology Business Incubation Center and UCF Technology Incubator to work together. He reported on the results of the impact analysis recently completed, advising the total impact on regional output was $1.278 billion and the total regional employment impact was 19,267. The impact study of UCF and The Central Florida Research Park showed an impact of $2.6 billion and 35,000 jobs. Copy of UFC pamphlet titled, “Central Florida’s Leading Economic Indicator...” was received and filed. He expressed his appreciation to the Board for supporting UCF.

Upon inquiry by Commissioner Maloy, Dr. Hitt advised they are raising money for a feasibility study, and pursuing a medical school will be a long-term project. He said they will need to get the support of the Board of Governors and then they will need legislative support.

Commissioner Van Der Weide stated he believes Dr. Hitt and UCF are doing a great job.

Commissioner Henley stated Dr. Hitt has done a tremendous job with the university and he believes the best is yet to come.

Upon inquiry by Commissioner Morris, Dr. Hitt advised with regard to UCF’s master plan, they cut their request of 15 acres to a little less then 7 acres because of environmental sensitivities. He said they are concerned with the long delay on the master plan and that interest rates are continuing to rise. He added they are pursing construction of the 5^th parking garage as soon as possible.

Chairman McLain commended Dr. Hitt for being a great partner in the region and for attending today’s meeting.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-89, as shown on page _______, in recognition of Dr. Karen H. Copp as the “Artist of the Year”.

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

The Resolution was presented to Ms. Copp who addressed the Board to express her appreciation.

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Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-87, as shown on page _______, commending Frank Van Pelt, Civil Engineer III (Design) in the Public Works, Engineering Department for his 18 1/2 years of service to Seminole County and its residents upon his retirement.

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

The Resolution was presented to Mr. Van Pelt who addressed the Board to express his appreciation.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-84, as shown on page _______, proclaiming the week of May 22-28, 2004 as “National Safe Boating Week in Seminole County”.

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

The Resolution was presented to Commander George Corsones and Lt. Commander Dan Anderson of the U.S. Coast Guard Auxiliary.

Commander Corsones addressed the Board to express his appreciation.

Commissioner Morris left the meeting at this time.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-86, as shown on page _______, proclaiming the week of May 16-22, 2004 as “Emergency Medical Services Week”.

Districts 1, 3, 4 and 5 voted AYE.

The Resolution was presented to Angel Nater and L.D. White who addressed the Board to express their appreciation for same.

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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-88, as shown on page _______, proclaiming May 16-22, 2004 as “National Public Works Week”.

Districts 1, 3, 4 and 5 voted AYE.

The Resolution was presented to Engineer, Frank Van Pelt, who accepted it on behalf of the department. He advised that the I-4 Seminole County Trail Bridge was awarded the environmental project of the year.

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Commissioner Morris re-entered the meeting at this time.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-85, as shown on page _______, proclaiming the week of May 8-16, 2004 as “National Tourism Week”.

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

The Resolution was presented to Tourist Development Director, Suzan Bunn, who addressed the Board to express her appreciation for the Board’s support.

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The Chairman recessed the meeting at 10:29 a.m., reconvening at 10:40 a.m., with all Commissioners present.

COUNTY MANAGER’S CONSENT AGENDA

The Chairman advised that Item #13, BCR #04-27, Public Works/Stormwater Fund has been pulled from the agenda.

Commissioner Morris requested Items #22, RFP-4213-04, Criminal Justice Center Telephone System and #28, Final Plat for Tranquility on Lake Brantley, be pulled for a separate vote.

County Engineer, Jerry McCollum, addressed the Board to answer questions regarding Item #15, Budget Amendment Request in the amount of $500,000 for the Howell Creek Pedestrian Bridge.

Commissioner Morris stated it looks like staff moved the bridge up in priority without Board approval.

Pam Hastings, Public Works, addressed the Board to advise the Board approved the design.

County Manager, Kevin Grace stated he will pull this item and bring it back.

Upon inquiry by Commissioner Morris, Mr. Grace advised he will schedule a work session with the Board on reprioritizing the 2000 sale tax projects.

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

Administrative Services

Support Services

8. Approve and authorize Chairman to execute the Third Renewal and Fourth Amendment, as shown on page _______, to Seminole County Probation Office Lease.

Environmental Services

Business Office

9. Approve release of the following original Water and Sewer Maintenance Bonds being replaced with new bonds due to the closing of Gulf Insurance Company: (1) #B21868147 ($4,264.20) for water and sewer accepted by submission into County Records, Memorandum dated February 28, 2003 for the Lake Forest Section 18 project; and (2) #B21868140 ($2,008.40) for water and sewer accepted by submission into County Records, Memorandum dated February 28, 2003 for the Lake Forest Section 19 project.

Fiscal Services

Budget

10. BCR #04-12 – $3,343,228 – Public Works – Engineering – Fund: 11541 – 2001 Renewed Sales Tax Fund. The Department of Public Works has conducted an interim evaluation of the status of previously authorized Minor Road Program projects in the current year funded by the 2001 Infrastructure Sales Tax Fund. These accounting adjustments align funding into appropriate accounts for completion of programmed projects.

11. BCR #04-24 – $100,000 – Public Works – Traffic Engineering – Fund: 11541 – 2001 Renewed Sales Tax Fund. As presented during Budget Work Sessions for FY 03/04, certain Traffic Engineering Projects relating to the Advanced Traffic Management System Equipment were input into the Annual Budget using general descriptions and identifying that specific locations would be determined and proposed at a later date. Two locations have now been identified: traffic signals along the Tuskawilla Road Corridor need to be changed to a light emitting diode (LED) format and the existing field equipment at Red Bug/SR 426 intersection needs to be upgraded in order to interface with the new Advanced Management Traffic System and the 911 systems located at the Public Safety Complex. This transfer allocates funding to allow these two projects to proceed.

12. BCR #04-26 - $503,250 – Public Works – Engineering-Fund: 11541-2001 Renewed Sales Tax Fund. The Department of Public Works has conducted an interim evaluation of the status of previously authorized Sidewalk Program Projects in the current year funded by the 2001 Infrastructure Sales Tax Fund. These accounting adjustments will align funding into appropriate accounts so these programmed projects may be completed.

13. WITHDRAWAL from the Agenda BCR #04-27 – $338,162 – Public Works – Road Operations/Stormwater – Fund: 13000 – Stormwater Fund. An interim budget adjustment is needed to transfer available monies to Stormwater projects, which require additional funding. An evaluation of the status for certain projects has revealed that $255,162 is needed in the current year for three projects: I-4 Borrow Pit (to cover permitting fees), Oakhurst/Red Bug Outfall (to cover construction costs), and Center Drive (to allow a construction award to proceed in the late summer/early fall). Funding is proposed to come from available balances in the completed Walden Drive Outfall Study and the completed Lake View Construction projects. The Paradise Point and Pearl/Prairie Lake Stormwater projects can be deferred to a future year (tentatively FY05/06) and the Osceola Road Stormwater Project needs to be deferred indefinitely due to right-of-way issues. Savings of $83,000 has also been realized on the Northwestern Ave. and Horse Lovers Lane projects in the Little Wekiva River Basin due to the use of in-house staff for Construction Engineering & Inspection. It is requested that these savings be returned to the overall Little Wekiva Basin Project so that other cooperative undertakings with the Water Management District and Orange County can proceed.

14. Adoption of appropriate Budget Amendment Resolution #2004-R-90, as shown on page _______, in the amount of $182,500 – Public Works: 11541 – 2001 Renewed Sales Tax Fund. The Department of Public Works has conducted an interim evaluation of the status of previously authorized Minor Road Program Projects in the current year under the 2001 Infrastructure Sales Tax Fund. Additional funding is necessary in order to complete the roadway reconstruction and traffic operation improvements for the Lake Emma Road Project between Sand Pond Road and Lake Mary Boulevard. (This amendment compliments BCR 04-12 on this agenda, which will move $1,397,500 in construction funds to this project from various other projects within the Minor Road Program.)

15. CONTINUING until the next meeting Budget Amendment Request, $500,000 – Public Works: 11541 – 2001 Renewed Sales Tax Fund. The Department of Public Works has conducted an interim evaluation of the status of previously authorized Sidewalk Program projects in the current year under the 2001 Infrastructure Sales Tax Fund and it was determined that construction of the Howell Creek Pedestrian Bridge has emerged as a high priority project due to safety concerns. This project will complete a missing link within the trails system and provide a safe pedestrian access to nearby schools. Design of the bridge is substantially complete and construction is ready to begin.

16. Adoption of appropriate Budget Amendment Resolution #2004-R-91, as shown on page _______, in the amount of $15,000 – Library & Leisure Services: 00100 – General Fund. Shade from trees overhanging tennis courts creates condensation on the courts at Sanlando Park. The condensation does not dry due to the excessive shading, which prevents use. In addition, it makes the courts slippery. There have been numerous citizen complaints regarding the delay in tennis match play and lessons. $20,000 is needed to address the problem, with $5,000 in the current budget. The balance of $15,000 is requested from contingency; this leaves $6,648,489 in General Fund contingency. The FY 2004/05 budget contains an additional $5,000 for tree trimming/removal at Sanlando Park, which can be relinquished pending approval of this item.

Purchasing

17. Award CC-1229-04/TLR Contract, as shown on page _______, for the widening of Markham Woods Road to three lanes with Prime Construction Group, Inc. of Orlando, FL, ($1,633,334.00).

18. Approve Change Order #2, as shown on page _______, to CC-1204-03/BJC – NW Service Area Flow Meter Replacement with Interstate Engineering Corp., Boca Raton ($6,733.92 + 52 days).

19. Approve Change Order #1, as shown on page _______, to CC-1208-03/BJC – Northeast Service Area Flow Meter Replacement to Interstate Engineering Corp. of Boca Raton, FL ($47,623.29 plus 42 days).

20. Accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1181-02/BJC – Greenwood Lakes Wastewater Ring Plant Refurbishment construction project, with CenState Contractors, Inc., Winter Haven.

21. Accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1194-02/BJC – Greenwood Lakes/Heathrow Water Transmission Main and Reclaimed Water Transmission Main, to Stately Contractors, Inc., Bradenton.

23. Award IFB-3085-04/BJC Term Contract, as shown on page _______, for Repair and Installation of Interior Drywalls, Framing and Acoustical Ceiling, to Acousti Engineering Co. of Florida, Orlando; and Wal-Mark Contracting Group, LLC, Orlando.

Planning & Development

Community Resources

24. Approve and authorize Chairman to execute fourteen (14) Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Program’s Home Ownership Assistance Program: Robert Woods; Debra Eason; Gladys Rodriguez; Calvin & Kimberly Davis; Sonia L. Mincey; Joseph & Joann Phipps; Ramon Ojeda; Hortensia R. Pasos; Juanita & James DeBose; Patti Graham; Tracy Davis; Susan Holt; Cheryl L. Veino; and Bryan G. & Trisha R. Learned.

25. Approve and authorize Chairman to execute Agreement, as shown on page _______, with St. John’s River Water Management District for mitigation work at the Seminole County Natural Land Electrical Workers site.

Development Review

26. Adoption of appropriate Resolution #2004-R-92, as shown on page _______, vacating and abandoning two Cross Access Easements granted to Seminole County in 2000. Easements were originally required as a condition of approval for the Reams Plat Waiver, dated 1997 to limit access to Tuskawilla Road. The site was never developed and has since been approved for a five-lot subdivision with one private access to Tuskawilla Road, Lance Bennett.

27. Approve Final Plat for Tuscany Island Subdivision located on the west side of Tuskawilla Road at Old Bear Run and approximately 1500 feet north of the intersection of Tuskawilla Road and SR 426, Lance Bennett.

Planning

29. Approve request for Special Event Permit for Sweet Bandits Bakery for a musical performance to be held at 2520 Ronald Reagan Boulevard on Saturday, May 15, 2004 from 12:00 PM to 4:00 PM, Suzanne Montero.

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

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Request for award of RFP-4213-04, Criminal Justice Center Telephone System to Ronco Communications & Electronics, Inc. was presented for action.

Commissioner Morris questioned what is the integration with this phone system and the Sheriff’s Office system and the County Services’ system.

Director of Information Services, Chris Grasso, addressed the Board to advise the RFP specifically called for integration with the other two systems and Ronco’s system will totally integrate with the existing systems.

Commissioner Morris stated he would think the County would get a better discount with a sole source vendor.

Mr. Grace advised this is not a proprietary situation.

Upon further inquiry by Commissioner Morris, Purchasing Manager, Ray Hooper, addressed the Board to advise Shared Technologies was initially declared the number one bidder overall; however, staff found that they are currently in Chapter 11 bankruptcy and, therefore, disqualified them.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to award RFP-4213-04/TLR, Criminal Justice Center Telephone System Contract, as shown on page _______, to Ronco Communications & Electronics, Inc., of Tampa, FL, in the amount of $620,285.

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

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Discussion ensued with regard to request for approval of the Final Plat for Tranquility on Lake Brantley, located on Brantley Drive off of Cutler Road, south of Wekiva Springs Road, Frances Morro.

At the request of District Commissioner Van Der Weide, Director of Planning & Development, Don Fisher, addressed the Board to explain there are some issues with the St. Johns River Water Management District that are going to require revisions to the conservation easement that is on file with the District. He added that Development Review Manager, Mahmoud Najda, has been told by the District that they have no problems with the plat being recorded. He further advised the permitting of the boat dock is a separate issue.

Commissioner Morris stated this situation has been ongoing for some time. He said he would like Mr. Fisher to speak directly to the Executive Director of SJRWMD and to bring this back for consideration at this afternoon’s meeting. He also asked that the County Attorney give the Board a recommendation. Discussion ensued.

Commissioner Henley stated the area residents want an opportunity to address the Board directly and suggested this item be delayed until the next BCC meeting.

Chairman McLain stated protocol of the Board will be followed. He explained this is not a public hearing; however, if a Commissioner has a question of someone in the audience, he will be able to ask it. He said the best thing to do is have staff work on this between now and the 1:30 p.m. meeting and at that time, the Board can determine if it needs to be continued to the next meeting.

Commissioner Morris stated he believes the County staff has made errors and citizens on both sides of the issue need some answers.

The item was continued until the 1:30 p.m. BCC meeting today.

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

30. Approve proposed settlement relating to Parcel Number 775 of the Lake Drive road improvement project, located at 1490 Seminola Boulevard, Casselberry, Rodriquez, in the amount of $7,627.50, inclusive of land value, attorney fees, and costs, plus a County commitment to modify the design plans and construct the project as modified.

Property Acquisition

31. Approve and execute proposed ROW License Agreement, as shown on page _______, for use of FPL Easement relating to Consumer/Lake Hayes Water Main Project.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

32. Expenditure Approval Lists, as shown on page _______, dated April 15, 20, & 27, 2004; and Payroll Approval List, as shown on page _______, dated April 22, 2004.

33. Satisfactions of Judgment/Court Costs & Application of Indigency Fees as follows:

Thomas James Wallace, #93-3521-CFA - $280

Daniel Gene Cantrell, #03-1666-CFA - $550 Court Costs and Application of Indigency Fees

Daniel Juan, #00-2867-CFB - $328

Alyssa Fochler, #99-4626-CFA - $40 Application of Indigency Fees

Willie Jeff Fisher, #97-1777-CFB - $255

Vanessa D. Lavot, #02-865-CFA - $158

Douglas Thomas Waligursky, #02-273-CFA - $328

34. Satisfactions of Judgment/Bail Bond Liens as follows:

Jeffery Christi Veino and Evergreen National Indemnity Co., #03002901CFA - $3,038

Dyral Llarmicha Hopson and Evergreen National Indemnity Co., #03004043CFA - $2,538

Dyral Llarmicha Hopson and Evergreen National Indemnity Co., #03004157CFA - $2,538

Aaron Michael Zepp and Evergreen National Indemnity Co., #03009626MMA - $538

Michael Scott Green and Evergreen National Indemnity Co., #03011167MMA - $1,038

Constance L. Banquer and Accredited Surety & Casualty, #03-1686-CFA - $1,038

35. Satisfaction of Judgment/Public Defender Lien for Saul Martinez, #02005981MMA in the amount of $360.

36. Approval of BCC Minutes dated April 13, 2004.

37. Noting, for information only, the Clerk’s “received and filed” as follows:

1. Resolution #2003-R-144, as shown on page_______, adopted by the BCC on September 10, 2003.

2. Second Amendment to PS-5101-01, as shown on page _______, Cross Seminole Trail South, Phase I.

3. Work Order #72 to PS-590-01, as shown on page _______, Metric Engineering, Inc.

4. Work Order #2 to PS-5134-02, as shown on page _______, CPH Engineers, Inc.

5. Amendment #1 to Work Order #17, as shown on page _______, PS-5129-02, MACTEC.

6. Work Order #12 to PS-5116-02, as shown on page ________, Dyer, Riddle, Mills & Precourt, Inc.

7. Budget Amendment Resolution #2003-R-143, as shown on page ________, in the amount of $79,097 for the G.R.E.A.T. Program, adopted by the BCC on September 9, 2003.

8. Work Order #11 to PS-5116-02, as shown on page _______, Metric Engineering, Inc.

9. Work Order #12 to FC-1164-01, as shown on page _______, Hunter-Nelson, Inc.

10. Work Orders #1 and #2 to CC-1222-03, as shown on page _______, American Persian Engineers & Contractors, Inc.

11. Notice from the Florida Public Service Commission of Hearing and Prehearing regarding Docket No. 031057-EI, Progress Energy Florida, Inc.

12. Self-Insurance Program Renewal, as shown on page _______, documents for the Excess Liability Policy effective October 10, 2003, adopted by the BCC on September 23, 2003.

13. Work Order #25 to PS-5129-02, as shown on page _______, MACTEC.

14. Work Orders #6 and #8 to CC-1203-03, as shown on page _______, Angel-Brite, Inc.

15. Amendment #1 to Work Order #2, PS-5117-02, as shown on page _______, AVCON, Inc.

16. Work Orders #2 and #3 to PS-5144-03, as shown on page ________, Post, Buckley, Schuh, & Jernigan, Inc.

17. Contractor Services Agreement, as shown on page _______, Bid 298-04, with H.I.S. Painting, Inc.

18. Copy of Memorandum to Jerry McCollum, County Engineer, from Henry M. Brown, Assistant County Attorney, regarding Direct Pay Request concerning Kupiszewski v. Seminole County.

19. Work Order #4 to PS-5144-03, as shown on page ________, Professional Engineering Consultants, Inc.

20. Title Opinions and Performance Bonds, as shown on page _______, for Water and Sewer in the amount of $267,510 and for Roads, Streets, and Drainage in the amount of $1,139,287 for Lake Forest Sections 9A and 9B.

21. Title Opinion and Performance Bonds, as shown on page _______, for Water and Sewer in the amount of $213,059.22 and for Roads, Streets, and Drainage in the amount of $1,099,932.35 for Lake Forest Section 14.

22. Title Opinion and Performance Bonds, as shown on page ________, for Water and Sewer in the amount of $65,056.42 and for Roads, Streets, and Drainage in the amount of $157,430.75 for Lake Forest Section 13A.

23. First Amendment to IFB-3050-02, as shown on page _______, with Helena Chemical.

24. Work Order #15 to PS-585-01, as shown on page ________, Bentley Architects & Engineers, Inc.

25. Work Order #73 to PS-590-01, as shown on page _______, Metric Engineering, Inc.

26. Work Order #74 to PS-590-01, as shown on page ________, Professional Engineering Consultants, Inc.

27. Amendment #1 to Work Order #2, as shown on page ________, PS-5100-01, TEI Engineers & Planners.

28. Work Order #3 to PS-5143-03, as shown on page _______, Professional Engineering Consultants, Inc.

29. Contract #M-431-04, as shown on page _______, with Post, Buckley, Schuh, & Jernigan, Inc.

30. Work Order #47 to PS-556-00, as shown on page ________, DCR Engineering Services, Inc.

31. Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2003.

32. Bids as follows: RFQ-0157-04; 299-04; IFB-3086-04; IFB-3088-04; and PS-5161-04.

Sheriff’s Office

38. Approval to utilize $250.00 from the Law Enforcement Trust Funds for the following: a contribution to the Missing Children Clearing House Advisory Board, a component of the Florida Department of Law Enforcement (FDLE) that helps the plight of missing children by sponsoring an annual Florida Missing Children Day, which was enacted by the Florida Legislature in 1999. The statewide ceremony honors police officers and civilians who have assisted in missing child cases and raised statewide awareness to help prevent child abduction and sexual exploitation. The ceremony will be held on September 13, 2004 in Tallahassee, will be attended by Governor Bush, governmental dignitaries from throughout Florida, law enforcement officials, parents and children. The Sheriff’s Office desires to contribute $250.00 to the FDLE’s Missing Children Clearing House Advisory Board to assist them in planning this event. This request complies with Chapter 932.7055(4) (a), Florida State Statutes.

Under discussion, Commissioner Henley requested that a running total be provided in the future on all expenditures coming out of the Law Enforcement Trust Fund.

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

LEGISLATIVE UPDATE

County Lobbyist, Bobby Brantley, addressed the Board to encourage the Board to get the business community together when the new Speaker visits Seminole County. He said this year’s legislative session ended as strange as you’ll ever see and there was a lot of “bad blood” between the House and Senate. He reviewed the following: Department of Juvenile Justice Funding (DJJ) Bill (he believe this issue will be re-visited); Article V/Revision 7 Bill; and Transportation Funding.

Mr. Brantley expressed appreciation to the County staff and Board, stating he has had the best and closest working relationship with them this year.

Commissioner Morris thanked Mr. Brantley and his team for a great job and for keeping the Board informed. He said that as bad as things looked a month ago, the session did not end up that badly. He questioned what happened to the cell phone tower legislation. Whereupon, Assistant County Attorney, Steve Lee, addressed the Board to advise he believes that bill died.

Upon inquiry by Commissioner Henley, Mr. Brantley advised that it is his understanding that under the new Trauma Center Bill, the $20.7 million is new money.

Upon inquiry by Commissioner Van Der Weide, Mr. Brantley advised that the House did not take up the Initiative Bill. He also advised he will give the Board a detailed report on the High Speed Rail Bill, which was not funded.

Mr. Brantley stated he would like to begin discussions with Kirby Green of the Water District on a strategy for next year because for two years in a row the middle basin district has not received funding.

Assistant Attorney Lee stated it has been a pleasure working with Mr. Brantley and his office.

REGULAR AGENDA

Planner, Michael Rumer, addressed the Board to present the Bellago Minor Plat located on the north side of Lake Howell Lane, approximately 3,000 feet east of SR 436 in Casselberry, Section 27, Township 21 South, Range 30, Colleen Murray. He advised this parcel was not legally subdivided from the original 14-acre parcel. The applicant proposes the minor plat in order to make the parcel legal for one single-family home to be built on the entire piece of property. The property fronts Lake Howell Lane, a 60’ public right-of-way containing a 21’ code mix asphalt roadway. The applicant is not proposing to improve Lake Howell Lane to County standards and is asking for a waiver to that requirement. He further advised staff is recommending approval of the waiver and the plat since it is similar to the adjacent parcel to the east, which was approved by the BCC on January 14, 2003, subject to the development to be limited to one single-family home and related ancillary uses through a development order, and any future development of the property shall only be approved if the parcel is platted in accordance with all applicable regulations.

District Commissioner Maloy recommended approval.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve the Bellago Minor Plat and associated waiver for property located on the north side of Lake Howell Lane, approximately 3,000 feet east of SR 436 in Casselberry, Section 27, Township 21 South, Range 30, Colleen Murray, subject to staff recommendations.

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

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County Manager, Kevin Grace, updated the Board on the potential acquisition of portions of the Florida Water Services utility system. He advised that staff is working with the City of Altamonte Springs and are still very much in the process of doing an analysis; but he believes they have enough information to proceed with the next step. Therefore, he requested Board approval to conceptually proceed with the acquisition and schedule a public hearing on same. He also requested authorization for him to engage the services of a consultant to assist in the evaluation.

Commissioner Maloy requested that when this comes back, that staff have the current rates and what the proposed rates would be.

Motion by Commissioner Morris, seconded by Commissioner Henley to conceptually approve proceeding with the acquisition of portions of the Florida Water Services (FWS) utility system within Seminole County; authorize scheduling a public hearing for May 25, 2004 at 1:30 p.m., or as soon thereafter as possible, to consider final action on the acquisition; and to authorize waiving Purchasing Code requirements and authorize the County Manager to engage the services of consultants currently under contract with the County in an amount not to exceed $75,000, to assist in the evaluation and acquisition.

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

COUNTY MANAGER’S BRIEFING

Chairman McLain surrendered the gavel to Vice Chairman Maloy and left the meeting at this time.

Eugene Chambers, Community Resources, addressed the Board to give a PowerPoint presentation on the Demolition Program and Strategic Planning. He reviewed the following slides (copy received & filed): Demolition/Clearance Program; Eligibility Determination; and Improvements Made.

Upon inquiry by Commissioner Henley, Community Resources Manager, Colleen Rotella, addressed the Board to advise they are working closely with the Tax Collector.

Commissioner Van Der Weide left the meeting at this time.

Upon inquiry by Commissioner Morris, Mr. Chambers advised staff does a very extensive search to find the owners or heirs of the dilapidated properties.

Commissioner Van Der Weide re-entered the meeting at this time.

Mr. Chambers concluded his presentation by reviewing the future directions and strategic plans for the program.

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Commissioner McLain returned to the meeting at this time and assumed the position of Chairman.

Economic Development Director, Bill McDermott, addressed the Board to give a PowerPoint presentation on the Small Business Development Task Force Final Report (booklet regarding same was received & filed). He outlined the Task Force’s recommendations as follows: (1) Seminole County should continue to invest in the small business initiatives and expand those investments where possible; (2) Establish a permanent Small Business Advisory Board; (3) Expand the Small Business Services to other areas of the County; (4) Develop an outreach program and a re-branding under “Small Business Services”; (5) Develop a results-based approach in daily activities and reporting; (6) Expand the scope and variety of services offered to small business; and (7) Expand the geographic coverage to include all major population centers of the County.

Mike Staley, Dean of Economic Development at Seminole Community College, addressed the Board to discuss Exhibit D of the booklet, outlining the small business expansion plan.

Commissioner Morris stated this is really a marketing issue and letting small businesses know you are there. He said SCC is proposing expanding the Port to additional sites. He suggested that the partnership between the County and the College be kept and the County take a more aggressive roll in economic development. He said he believes the re-branding is a great idea. He added that he also believes this is too important of an issue for the County to only rely on CC.

Chairman McLain concurred with Commissioner Morris, stating he thinks the County should work out a way to deliver the re-branding to the private sector through the chambers of commerce.

Commissioner Henley suggested using SGTV to promote this.

Commissioner Morris stated they should have a “how to” program on SGTV.

Chairman McLain stated some material could be included in the Tax Collector’s occupational licenses mail-out.

Commissioner Morris stated he would like the Board to look at applying someone on staff to this task as a coordinator, using the funding from the Port Authority.

Commissioner Henley stated he would like to see plans developed under each one of the recommendations so the Board can see this prior to the budget.

Chairman McLain stated this is something that can be developed between now and the budget work sessions so it can be an item of discussion at that time.

Commissioner Morris stated he would like to see Dennis Dolgner involved with this to try to come up with an implementation that expands beyond the plan.

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The Chairman recessed the meeting at 12:01 p.m., reconvening at 1:33 p.m., this same date, with all Commissioners (Commissioner Henley entered late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

DEVELOPMENT REVIEW, Continued

The Board further discussed the Tranquility on Lake Brantley Final Plat (continued from this morning’s meeting).

Mr. Fisher advised he contacted Kirby Green’s office today, per the Board’s direction, but he was occupied in a Board meeting. He left a message and received a call back from Frank Meeker, Ombudsman for the District, who wrote the letter. Mr. Meeker indicated that St. Johns does not have any objections to the plat being recorded for the subdivision (Tranquility on Lake Brantley). He felt they are a separate regulation agency and the issues of any work that needs to be done on the subdivision are minor in nature and could be taken care of at the executive level and would not need to go back to the St. Johns Board. Regarding the response to the letters to the homeowners, there were several letters sent with the same basic comment indicating that there were questions over the conservation easement and if those were not resolved, no docks could be permitted along the lots. Mr. Fisher said staff responded to Commissioner Van Der Weide and he incorporated the staff’s comments into a letter (copy received and filed) to the homeowners. The letter indicated that staff has been coordinating with the St. Johns District regarding the conservation easement to try to get things resolved. He said from reviewing the St. Johns permit, there is no restriction. There is an existing conservation easement that stands today that was recorded by a separate document. Within that easement, there is no restriction against boat docks and nor is there a restriction in the County’s Code against boat docks being installed on the individual lots, provided they comply with all the sighting, setbacks, and environmental requirements that may be in place at that time.

Upon inquiry by Commissioner Van Der Weide, Mr. McMillan stated he has discussed this with Mr. Fisher. The main issue is the plat approval, and does the plat meet the code requirements. If there is some issue with St. Johns, that is between the property owner and St. Johns. Staff attempts to work these things out if they can, but the plat cannot be denied or a restriction put on the plat at this point in the process unless it is required by the code. He said he does not know of any issue that stands in the way of approving the plat today.

Mr. Fisher answered questions by Commissioner Morris.

Commissioner Van Der Weide stated this has been an ongoing problem for years. He said he and his son live near this area. He doesn’t see that any of the Board would want, in any shape or form, anything that would be detrimental to the area. That is what they have guarded against through this whole process.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the Final Plat for Tranquility on Lake Brantley, located on Brantley Drive off of Cutler Road, south of Wekiva Springs Road; comprised of 10 single family residential units 9,000 sq. ft. or greater on 6.464 acres zoned R1-A, Frances Morro.

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

PUBLIC HEARINGS

PROOFS OF PUBLICATION

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

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

SMALL SCALE LAND USE AMENDMENT

RONNIE A. AND CARMEN M. FOGARTY

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance for a Small Scale Land Use Amendment from Recreation to Suburban Estates (SE) on approximately 9.8 acres located on the north side of SR 46, 0.2 mile west of Longwood-Markham Road, Ronnie A. and Carmen M. Fogarty, received and filed.

Jeff Hopper, Senior Planner, addressed the Board to state there is no provision in the Vision 2020 Plan for assigning Recreation Land Use to private homes. This is evidently a mapping error that occurred years ago when the Future Land Use Map was drawn to show the lower Wekiva State Preserve as Recreation. That property surrounds the applicant’s property.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to enact Ordinance #2004-18, as shown on page _______, approving the request for Small Scale Land Use Amendment from Recreation to Suburban Estates (SE) on approximately 9.8 acres located on the north side of SR 46, 0.2 mile west of Longwood-Markham Road, per staff findings; as described in the proof of publication, Ronnie A. and Carmen M. Fogarty.

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

REZONE FROM A-1 TO C-3/

JAMES A. SMITH

Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to C-3 (General Commercial and Wholesale District) on 3.9 acres located on the south side of Mikler Road, approximately 0.2 mile west of SR 426, James A. Smith, received and filed.

Mr. Hopper said based on the consistency with the Vision 2020 Plan, staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to enact Ordinance #2004-19, as shown on page _______, approving the request to rezone from A-1 (Agriculture) to C-3 (General Commercial and Wholesale District) on 3.9 acres located on the south side of Mikler Road, approximately 0.2 mile west of SR 426; as described in the proof of publication, James A. Smith.

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

REZONE FROM a-1 to OP

Chris nugent

Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 to OP (Office Professional) on 6.23 acres located on the east side of SR 426, approximately ¼ mile south of Chapman Road, subject to conditions listed in the Development Order, Chris Nugent, received and filed.

Mr. Hopper stated staff recommends approval of the request subject to the conditions in the Development Order that include the following: (1) Building architectural style shall be compatible with residential development; (2) Mechanical units shall be located and/or screened so they are not visible from adjoining single-family development or SR 426; (3) Delivery hours should be limited to 8:00 a.m. to 9:00 p.m.; and (4) Building heights would be limited to 35 feet.

Applicant, Stephen Ratcliff, addressed the Board to state per the P&Z meeting, he was to meet with the Wentworth residents and he thinks they have worked out a resolution on the wall and the buffer space requirements. He advised that at the Homeowner’s Association meeting, he submitted a plan where they may go to a one-story building on the entire site. If so, the plan would result in the same basic layout. He said the architectural style depicted on the Internet is of a one-story building. He advised they will not make the building look exactly like the one on the Internet, but it will be brick with all the same look, but the frontal elevation may not be the same, but similar in nature to maintain the residential look.

Upon inquiry by Commissioner Maloy, Mr. Ratcliff said he and the residents are in agreement on keeping the trees, and they will work out whatever is needed.

Paul Dachoff, 2808 Ashton Terrace, addressed the Board to state there are some topography changes between the residential area and the new property where the wall/fence is to be erected. The runoff is from the Association onto that property and if a wall is put up, he thinks some attention should be paid to drainage so that it is not just an area where water will collect. Additionally, there are two ponds on the property in the Association that drain into a canal, along with the stormwater runoff. He assumes that the applicant also has a retention pond in the back of the property that will drain into the canal. He wants to be sure that the addition of the extra flow does not impact the discharge from the Association.

Commissioner Maloy advised Mr. Dachoff that this will be addressed at final engineering, and natural flows are not allowed to be blocked.

Jean Worrall, President and representing the Wentworth Estates Homeowner’s Association, addressed the Board to state the Association met last night and they are in favor of the development. They want to go on the Record to be sure to be included in the planning of the wall and to make sure the buffer zone is cleaned out and kept clean. She said a lot of trash is there now.

Commissioner Maloy advised Ms. Worrall that the Board was unanimously supportive in having the asphalt top put down on Church Street to take care of the dust. He reported to the Board that he has had several e-mails and phone calls expressing appreciation that the dust is down.

Commissioner Maloy said in preserving the trees, this seems to be a use for the modular masonry panels.

Mr. West indicated this would be an allowable use.

No one spoke in support or in opposition.

Speaker Request Forms were received and filed.

Upon inquiry by Commissioner Maloy on putting a condition in the motion, Mr. Fisher said this is OP zoning and is subject to a site plan, so he believes the Board could put in a condition.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to enact Ordinance #2004-20, as shown on page _______, approving the request to rezone from A-1 (Agriculture) to OP (Office Professional) on 6.23 acres on the east side of SR 426, approximately ¼ mile south of Chapman Road; as described in the proof of publication, Chris Nugent, subject to the conditions listed in the Development Order, as shown on page _______, and the Planning & Zoning recommendations for preservation of the trees and agreeable design for the required active/passive buffer along the south property line.

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

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 4/16/04 (with attachment) to Chairman McLain from Craig Reed, SJRWMD, re: Annual Financial Report.

2. Copy of memorandum dated 4/30/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submission into County Records.

3. Copy of letter dated 4/28/04 to Ray Valdes, Tax Collector, from Cathy Collins, FL Dept. of Revenue, re: guideline for employee salary increases. (cc: BCC, County Managers, Fiscal Services Director)

4. Minutes of 4/15/04 Seminole County Public Safety Coordinating Council.

5. Copy of memorandum dated 4/26/04 to Dick Boyer, Senior Planner, from Eugene Miller, Oviedo City Manager, re: LYNX Route 47 funding.

6. Notice of 5/5/04 Sanford Community Redevelopment Agency meeting.

7. Memorandum dated 4/26/04 (with attachment) to BCC from Donald L. Jernigan, Florida Hospital, re: A Review of Healthcare Economics.

8. Copy of letter dated 4/26/04 to Kevin Grace, County Manager, from State Representative Sandy Adams re: cost shift of juvenile detention facilities to the counties. (cc: BCC, Deputy County Managers)

9. Copy of letter dated 4/30/04 to Governor Jeb Bush from Chairman McLain re: LYNX paratransit transportation.

10. Memorandum dated 4/26/04 (with attachment) to BCC from Lisa Spriggs, Fiscal Services Director, re: Mid-Year Budget Amendment.

11. Letter dated 4/29/04 to BCC from Co-Co Wu, Engineering, re: SR 436/Red Bug Lake Rd intersection project development and environment study.

12. Letter dated 4/27/04 (with attachment) to Chairman McLain from Ann Brown Payne, The Alliance, re: 1^st quarter progress report.

13. Seminole County Convention & Visitors Bureau Hotel Occupancy Report, April 2004.

14. Minutes of 3/9/04 Seminole County Cooperative Extension & Agricultural Advisory Committee meeting.

15. Copy of letter dated 4/27/04 to John Litton, Lake Mary City Manager, from Rick Ottesen and Anthony Miller, SJRWMD, re: Lake Mary City Hall permit application. (cc: BCC, County Managers)

16. Notices of 5/10/04 and 5/24/04 City of Winter Springs public hearings-annexation re: 1181 Orange Ave. and 1184 Orange Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

17. Notices of 5/10/04 and 5/24/04 City of Winter Springs public hearings-annexation re: 1268 Orange Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

18. Notices of 5/6/04 and 5/17/04 City of Oviedo public hearings re: Live Oak Reserve PUD. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

19. Letter dated 4/30/04 to Chairman McLain from Daphne Moore, Wal-Mart Community Affairs, re: Teacher of the Year program and other charitable endeavors by Wal-Mart and SAM’S CLUB associates.

20. Fax dated 5/4/04 to Chairman McLain from Kevin Carlson re: permit requirements for concrete pads.

21. Copy of memorandum dated 5/7/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submission into County Records.

22. Letter dated 4/30/04 to BCC from Diane Pickett Culpepper, Bright House Networks, re: sponsorship and airing of Seminole County Public Schools A Night of Stars – Teacher of the Year program.

23. Memorandum dated 5/4/04 (with attachment) to BCC from Lenor Bromberg, Special Projects, re: Seminole Wekiva Trail Pedestrian Overpass/Underpass – Findings of Preliminary Engineering Study.

24. Copy of letter dated 4/30/04 to Ron McLemore, Winter Springs City Manager, from Kevin Grace, County Manager, re: Arbor Glen HOA Landscaping/Irrigation Restoration.

25. Copy of letter dated 5/3/04 (with attachment) to Attorney Gary Siegel from Kevin Grace, County Manager, re: Markham Woods Rd./Douglas Avenue.

26. Copy of letter dated 4/30/04 to Country Lane HOA Board of Directors from William Wittman, Jr., re: HOA covenants and by-laws.

27. E-mail dated 5/5/04 to BCC from Dr. E. Ann McGee, Seminole Community College, re: appreciation for support during legislative session.

28. Notice of Seminole County Engineering’s Balmy Beach Sidewalk Project schedule.

29. Charlotte County Board of County Commissioners 2003 Annual Report.

30. Letter dated 5/3/04 (with attachment) to Chairman McLain from Kenneth R. Hamilton, FL Alliance for Affordable Healthcare, re: Cover the Uninsured Week events.

31. Copy of letter dated 5/6/04 to Tom Helle, Building & Fire, from Susan Stacy, Stenstrom Colbert McIntosh Whigham Reischmann & Partlow, re: Robb Boss et al vs. Cosmopolitan Homes Corp. (cc: BCC)

32. Copy of letter dated 4/27/04 to Governor Jeb Bush from Rich Crotty, LYNX Board Chairman, re: paratransit transportation. (cc: BCC, County Managers)

33. Letter dated 5/3/04 to Chairman McLain from Congressman John Mica re: I-95/SR 417 link funding. (cc: County Managers, Public Works Director, County Engineer)

34. Copy of letter dated 4/30/04 (with attachment) to Rich Crotty, LYNX Board Chairman, from Lisa M. Bacot, FL Commission for the Transportation Disadvantaged, re: response to Mr. Crotty’s 4/27/04 paratransit transportation letter. (cc: BCC, County Managers)

CHAIRMAN’S REPORT

Chairman McLain reported that he participated in the Geneva Relay for Life on April 16, which was a great event for cancer. The Environmental Services Department had a booth and a relay team and many County employees gave their support. He noted that Kathryn Townsend, County employee, was the Chairperson and the employees did a real good job.

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Chairman McLain stated last week there was a Celebrity Waiters Luncheon and Auction benefiting leukemia and he was the Chair of that event, along with Sheriff Eslinger and Larry Dale. This was also a very successful event. He noted that Commissioner Maloy also attended and participated in the event.

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Chairman McLain announced that Guardian Ad Litem will hold a recognition luncheon this Thursday at 11:30 a.m. at the Heathrow Country Club. He will be attending that, and he invited the other Commissioners to attend.

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Chairman McLain advised he had the opportunity to sit down with County Attorney Robert McMillan and review his accomplishments and performance for his annual review. He said Mr. McMillan has agreed to limit his increase to the base amount of 3% provided to all satisfactory County employees in this year’s budget of 3%.

The Board reviewed copies of the County Attorney’s annual review (not received and filed).

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the annual salary compensation increase of 3% to County Attorney Robert McMillan, as recommended by Chairman McLain.

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

DISTRICT COMMISSIONERS’ REPORTS

Chairman McLain recommended the appointment of Beth Hattaway to the P&Z/LPA.

Motion by Commissioner Morris, seconded by Commissioner Henley, to appoint Beth Hattaway to the Planning & Zoning Commission/Land Planning Agency to complete the term of Tom Mahoney to January 1, 2007; and adopt appropriate Resolution #2003-R-93, as shown on page _______, of Appreciation to Tom Mahoney.

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

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Commissioner Maloy reported he attended the meeting with a staff member regarding a proposed Casselberry annexation, 400 acres owned by the San Pedro Center Catholic Diocese on Howell Branch. He referred to a map (not received and filed) and stated enclaves would be created. He said Mr. Fisher had sent a letter asking that the annexation be continued so the County would have more opportunity to review it. A second public hearing will held on May 24, and a referendum vote on the annexation is planned for July 13, 2004. He said there are only seven people who live on the 400 acres.

April Boswell, Senior Planner, addressed the Board to state the City has to hold a referendum vote if the annexation will create an enclave. The City does not want to delay because if they did, that would push it out another year and they don’t want to get involved in the fall with trying to hold the election. The City Attorney said they want to work with the County in the review, and the County staff reminded them of the spirit of the Intergovernmental Planning Coordination Agreement. She said staff received the full package of the annexation for review on Monday morning, and that is at the 14-day mark for considering these changes. Staff is planning to meet with the Catholic Diocese of Orlando to help them in determining how to develop the property.

Commissioner Maloy said he understands the Catholic Diocese wants to annex into Casselberry due to an easier permitting process than with the County. He and Mr. Fisher will try to meet with the Diocese representatives to find out what they want to do and if the County could help them with the process.

Mr. Fisher asked for direction from the Board on how to proceed from this point. Staff believes there are at least a couple of issues. The City did not follow procedures and this is clearly an enclave. Also, there is some discussion on continuity.

Chairman McLain stated this should be handled properly. The County needs to have the time to deal with this matter, and it doesn’t sound like the County has been given that opportunity.

Commissioner Maloy said he thinks this is a pretty aggressive move. He thinks there should be more time for the staff to review. He is concerned about how they will deliver services in this location.

Commissioner Henley stated he doesn’t like the idea that the City is creating an enclave. He thinks that goes against what the intent of the State law, which is to do away with enclaves. He suggested the Board instruct staff to work with the Diocese to see what their concerns are; give notice to Casselberry that the County is in opposition; and take whatever steps necessary to prevent the referendum vote until this can be done properly.

Commissioner Van Der Weide stated he can go along with the District Commissioner. He said this is pretty aggressive. There is a procedure and he understands the City did not follow that properly. Mr. Grace said he understands the City did not follow the notice procedures of the Interlocal Agreements or the procedures set forth in the statutes.

Commissioner Morris said he would make sure any communications are not with the City Manager but with the elected representatives, because he is sure they are not aware of this. He recommended the communication come from Chairman McLain. He suggested making contact with the Diocese and telling them directly of the Board’s actions. He believes this goes back to the high school issue. Discussion ensued.

Upon inquiry by Commissioner Morris, Matt West, Planning Manager, addressed the Board to state he can’t imagine the permitting process being any quicker in Casselberry than in the County.

Commissioner Morris discussed that a developer would care about the differential between tax costs in the City versus in the County, and all taxes, utilities, and impact fees. He said it should be included in the communication to the City that from a business decision side, this doesn’t make sense.

Commissioner Maloy stated he advised the Diocese representative that he imagined the Board would oppose the process, but that has nothing to do with the Diocese itself.

Chairman McLain discussed who would be the appropriate person to call. The consensus was for Commissioner Van Der Weide to call Father Caverly and for Commissioner Morris to call Father Bluitt. Also, Commissioner Morris said he thinks direct conversations with the business people will aid them. He said he would be happy to contact them also.

Chairman McLain directed Mr. Grace to coordinate a meeting with the Casselberry Mayor. Mr. Grace said he and Mr. Fisher were already working with Casselberry’s attorney to set up a meeting with staff, the Diocese people, and the County and he thinks Chairman McLain should sit in on that meeting.

Mr. McMillan clarified that staff is authorized to attend the next Casselberry public hearing to oppose the annexation.

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Commissioner Maloy said he was told that the Peggy Green Ranch trial was going on this week. Mr. McMillan reported that the trial was apparently postponed because no courtroom was available. It is now scheduled for July 28, 2004.

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Commissioner Maloy said he has reviewed the various codes on political signs and the system does seem to be unfair because there are multiple, different times when you qualify. It seems to him it would be better to have a period of time before an election where you could put up the signs. He thinks this would prevent these problems from occurring in the future. Discussion ensued.

Chairman McLain said he’s concerned about the big signs on the roads.

Commissioner Van Der Weide said he does not have a problem with the Sign Ordinance. He agreed with Chairman McLain that if they try to restrict signs on private property, they would have a problem with that.

Mr. McMillan said they would not be able to control people putting up signs in their yards that they made themselves. He thinks the regulation goes to actual campaign signs put up by the campaign.

Commissioner Van Der Weide said the issue is will this become a code enforcement issue. In the State right-of-way, the State would pick up the signs, and in the County right-of-way, the County could pick up the signs. On private property, he would think they would have to go through the code enforcement process, and that would be too slow because the election would be over.

Mr. West stated the week of July 12 through July 16 is the qualifying time for all local elections, other than the judges. Once a candidate has qualified, he can begin putting up campaign signs. Discussion ensued by the Board.

Motion by Commissioner Morris, seconded by Commissioner Maloy, that the Code is not regarding yard signs with respect to residential placement, because they do not require a permit and involve a code enforcement action if interpreted to be, and would be brought back before the Board of County Commissioners before any action.

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

Commissioner Henley voted NAY.

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Commissioner Maloy expressed thanks to the Board from the Church Street residents. He said the dust is down from spreading the asphalt.

COMMITTEE REPORT

Commissioner Maloy reported at the CALNO meeting, there was an update from the Communities for a Lifetime. He said Oviedo gave an update of their downtown, and the Technical Advisory Committee meeting for the Public School Facility Planning Agreement was held. There was no input from the public on that. He stated Mr. Brender is continuing to push forward the Traffic Enforcement Interlocal Agreement, working with the Sheriffs and Police Reports to create some State statutes that would allow cities and counties to patrol on both sides of the roads.

DISTRICT COMMISSIONERS’ REPORTS, Continued

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to appoint Lori Wright to the Animal Control Board to complete the unexpired term of Bonnie Carollin ending January 1, 2005.

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

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Commissioner Van Der Weide advised his intent to reappoint Wiley Dykes, Sr., and Judy Putz to the Trails & Greenways Task Force.

Commissioner Van Der Weide said he thinks the County should do something about sprucing up the landscaping at the Fire Station on 17-92 in Fern Park. Whereupon, Chairman McLain asked Mr. Grace to look into this and deal with it appropriately.

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Chairman McLain recessed the meeting at 2:40 p.m. and reconvened at 2:50 p.m.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to reappoint Wiley Dykes, Sr., and Judy Putz to the Trails & Greenways Task Force for two-year terms ending January 1, 2006.

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

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Chairman McLain advised for the public that the one public hearing item scheduled for tonight is being continued to August 10, 2004, 7:00 p.m., or as soon thereafter as possible.

Mr. Grace stated, since the applicant is requesting the continuance, someone will be here tonight to announce that.

Mr. McMillan said staff will attend tonight and cancel the meeting and will readvertise the hearing.

COUNTY MANAGER’S REPORT

Mr. West advised in the City of Oviedo, near the intersection of Snow Hill Road and CR 419, is the Live Oak Reserve PUD. The PUD, as originally approved, allowed for 40,000 square feet at the entrance. On the recent Oviedo P&Z/LPA agenda, an amendment to the Live Oak Reserve PUD is included. They are reducing the number of dwelling units in the PUD from 1,251 to 934 and requesting to increase the office commercial square footage from 40,000 to 80,000 square feet on the combined tract identified on the map (not received and filed). The Oviedo P&Z was going to consider this at their meeting last Thursday, but County staff sent them a letter to continue this to allow staff time to brief the Commissioners and review the request. This was continued to May 20, 2004. The Oviedo staff is recommending approval.

Upon inquiry by District Commissioner Maloy, Mr. West said he understood that the amount of commercial in the Chuluota area is being frozen. He said he can review the Chuluota Commercial Study on that. He said the developer’s analysis done by Real Estate Research Consultants shows there is a market for an additional 841,000 square feet of retail by the Year 2008 in this area.

Mr. West advised Commissioner Maloy that the Board was concerned about turning this corner commercial and what size commercial is appropriate in that area to serve the Chuluota community. Staff wanted to brief the Board to see if they had any other thoughts about this.

Commissioner Maloy said he has mixed emotions. On one side he would hate to see it get overdeveloped; and on the other side, if there is already an existing commercial tract, then maybe it’s better to have it there and reduce the pressures of jumping across the street and spreading it in the future. He said he doesn’t have a recommendation at this time.

Commissioner Morris suggested County staff inform Oviedo that the County is reviewing the process, and make sure the City Manager and City Commission are aware of this. Whereupon, Mr. Grace said he would make sure a letter is sent along those lines.

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Mr. Grace stated that in April, the Board asked staff to bring back the lobbyist registration issue and he has provided a packet of information (received and filed) on that. He said from the staff’s standpoint, the key question the Board needs to address is if this is an area of the County operation that needs to be regulated. He suggested the Board make that decision before getting into the details.

Commissioner Maloy said a lot of the magazines he has read from the National Association of Counties have talked about more cities and counties putting in place these type of rules. He thinks it is something that is overdue. He thinks disclosure of what is happening behind the scenes is a good thing. He would like to keep this as close to Orange County’s ordinance as possible, because he thinks it is very straightforward and easy to comprehend. He would like to move forward on this.

Commissioner Henley said he wants it clearly identified what problem they are trying to solve. Whereupon, Commissioner Maloy responded one problem is perception--he thinks they all get accused of doing something wrong. He said it’s the public’s perception that lobbyists have on the Board. If it is disclosed who is working on what issue, he thinks that gives confidence to the citizens. He believes the Board is open to attack every time they vote on an issue.

Commissioner Henley stated the public is always going to be, and he thinks rightfully so, suspicious of government. He thinks that’s what keeps them “on their toes” to make sure the public has the opportunity, paid or unpaid, to approach government. He is concerned about creating a lot of bureaucratic paperwork that simply gives people more opportunity to question all the procedures. He doesn’t think such an ordinance would change the public’s perception at all.

Commissioner Morris said he doesn’t believe the Orange County system works. He said the larger picture is he is lobbied by homeowners’ associations and many times told by homeowners present and threatened with, “we have 120 voters or 350 voters and if you don’t support us, we won’t support you.” That is different coming from a lobbyist or developer who would take a more professional approach. He doesn’t recall being threatened by them. He said he doesn’t know of an issue of someone lobbying this Board and they did not know who the lobbyist was. To him, the more they put on regulation after regulation, and performance after performance, the public at large has a declining respect for government as a whole, and every institution in the U.S. He said he has never had any citizen bring this issue to him in this County. The other issue where he has heard from the public is the campaign influence. He said he understands what Commissioner Maloy is saying, but does not agree with his conclusion. Another issue is someone being paid and to what level. He said the recommendation from the County staff puts this on the County Commission only, but he said 99% of all the decisions made by this government on a day-to-day basis are made by staff and not the County Commission. He stated Orange County’s ordinance does not begin to cover the way it should. He asked why is it that someone paid should have more of an interest than someone not paid. He asked why should someone who represents an organization such as the Sierra Club or a vital interest group not be disclosed and the developer should be. He said this all sounds good and feels good, but the reality is he does not think it is going to change the nature and effect of this government but is only going to put a burden on some individuals versus others. He said if they really mean disclosure, they need to include all government employees.

Commissioner Van Der Weide said he agrees with Commissioner Morris. He thinks staff makes most of the decisions and he is sure they are lobbied on a day-to-day basis, whereas, the issues the Board is lobbied on are when they start issuing contracts and get into major initiatives. He said the County has its own lobbyist at the State level. He is not opposed to registering a lobbyist and believe that is something none of the Board should be afraid of. This could be beneficial to the public. The question is who to register. He is not against giving this to a group, like the Program Review Committee, or some other group they appoint, to come back with a recommendation. This would then get away from the Board being the only ones who would have input.

Chairman McLain said if the Board is going to pursue this further, he thinks the Board needs a lot more information and discussion. He thinks some outside input is important to that process. He agreed with the point made by Commissioner Morris that if a person is not talking to his County Commissioner or to the staff about his personal problem that needs to be dealt with, then he is a lobbyist. He noted that a lot of the non-profit groups send paid employees to lobby the Board to give money to them. He said he doesn’t think they need to put a “quick fix” on this, but take the amount of time needed to put in place a fair, equitable ordinance and not one to be used as a tool to try to entrap people. He said, if they move forward, they want to have a methodology where people can get information about what’s going on. He advised Commissioner Maloy that he would prefer the County citizens have input in the ordinance rather than outside groups that have their own special interests to be considered. Their first step is to get some input from the citizens if they are going to move forward. He asked Mr. Grace to get some ideas on how to move further.

Discussion ensued by the Board on what citizens group or committee to use.

Chairman McLain stated at the next Board meeting of Vision Seminole, he will bring this issue up for discussion and get their insight. Whereupon, Commissioner Morris asked that he take it to the group that the proposal at hand is one that, if approved to implement, and they are to be fair and have complete transparency in the process, is woefully inadequate. He said if this moves forward, he will be the prime mover that this be across the board, all personnel affected, with the exceptions of those who legally need to be restricted. He will ask for the writer’s interpretation of what the word lobbyist means, and that it’s a fair playing field among all citizens. He said it is an outrage that they constantly throw a label on someone and say we need to be protected from them. He stated if they are going to create a problem, then they had better make it equal for every citizen affected.

Chairman McLain asked Mr. Grace to contact Wayne Weinberg to put this on the agenda for the next meeting for discussion, and he will report to the BCC at the first meeting following that.

Commissioner Maloy said this is not about trampling on property rights. He does think it needs to be resolved in a reasonable time frame.

Commissioner Van Der Weide asked Mr. Grace to see if he can get some “horror stories” from other counties.

Commissioner Morris said he would also like to know what authority as a Charter County do they have over the Constitutional Officers because of the size of their budgets and so on.

Commissioner Maloy stated he will forward to the Board some of the publications he has received from NACo and other organizations.

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Mr. Grace advised he forwarded copies to the Board of the letter he sent to Electronic Arts removing the incentive package. Commissioner Morris complemented Mr. Grace and staff on doing a very good job with this.

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Chairman McLain recessed the meeting at 3:28 p.m., reconvening at 7:00 p.m., this same date, with Deputy County Attorney Stephen Lee and Deputy Clerk Eva Roach being present.

PUBLIC HEARINGS

Continuation of a public hearing to consider a request to adopt an Ordinance for 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 U.S. 17-92 south of Fernwood Blvd. and authorize Chairman to execute Development Order, as described in the proof of publication, Orange Mall Partners LLC/Constance Owens.

Steve Lee, Deputy County Attorney, noted that there is an absence of a quorum. He stated in accordance with the standard rules of the Board in their absence, any matters scheduled tonight are continued. He advised therefore, the Orange Mall Partners Rezone request is continued to August 10, 2004 at 7:00 p.m. and will be readvertised. He declared the meeting adjourned at 7:02 p.m.

ATTEST:______________________Clerk______________________Chairman

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