Polasek, requesting that these items be continued from this evening’s meeting until there is a full Board. He recommended continuing these items to the first meeting in February (12^th).

District Commissioner Maloy stated he has no objection to continuing these items to February 12, 2002. He stated he will make that motion this evening. The Board voiced no objections.

Upon inquiry by Commissioner Morris, Don Fisher, Planning & Development Director, addressed the Board to advise staff is attempting to present the sign variance for Dog Track Road sometime in November. There have been some different circumstances between the sign company and Jai Alai and staff will be putting all of that together.

AWARDS AND PRESENTATIONS

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2001-R-206, as shown on page ________, proclaiming November 18, 2001 as “Retired Educators Day”.

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

The Board presented the Resolution to Walter Lee who expressed his appreciation.

Chairman Van Der Weide expressed the Board’s appreciation to the Retired Educators and he stated Seminole County is one of the best-recognized educational systems in the State of Florida.

COUNTY ATTORNEY CONSENT AGENDA

Robert McMillan, County Attorney, addressed the Board to review litigation Items #2, Safeco Ins. Co. v. Seminole County, et al and #3, Miller v. Seminole County and Paulucci v. Seminole County.

Commissioner Morris requested a separate vote for both of these items.

Motion by Commissioner Morris, seconded by Commissioner McLain to approve mediated Settlement Agreement, as shown on page ________, in the amount of $650,000.00, and authorize Chairman to execute that Agreement along with Releases, relating to the Seminola Boulevard road improvement project and Safeco Insurance Company’s construction claims of alleged delays, disruptions and inefficiencies, Safeco Insurance Company of America v. Seminole County, et al.

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

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Commissioner Morris stated he will not be voting on Item #3, Miller v. Seminole County and Paulucci v. Seminole County, and he will be filing a Voting Conflict Form, as shown on page ________. He stated the issue here is not one that appears to be a true conflict because of a matter he was involved in years ago prior to him being a commissioner. He stated he feels it would be better for him not to vote on this issue.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve and authorize Chairman to execute proposed Settlement Agreement, as shown on page ________, and all other documents required to conclude the matter of Miller v. Seminole County and Paulucci v. Seminole County.

Districts 1, 3, and 5 voted AYE.

Commissioner Morris abstained from voting.

COUNTY MANAGER’S CONSENT AGENDA

Commissioner Maloy requested that Item #22, Award FC-1146-A-01/BJC be pulled for a separate vote.

Betsy Cohen, Purchasing, addressed the Board to clarify for Commissioner Maloy why there were revisions to the bidder responses of Item #23, Award FC-1163-01/BJC.

Commissioner Maloy stated the State placed Boston Ferns on their list as basic weeds and he feels that should be revised.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize and approve the following, excluding Items #22 and #14, and including #57A.

Administrative Services

Support Services

4. Approve and authorize Chairman to execute Purchase and Sale Agreement, as shown on page ________, for approximately one acre of land owned by Bush Boulevard Partnership, in the amount of $552,337.88.

Economic Development

5. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and Seminole Community College; and proceed with disbursing the 2001-02 payment to Seminole Community College in the amount of $125,000 as stipulated in the Economic Development Program budget for services provided through the Central Florida Business Incubation Center and the Seminole Technology Business Incubation Center.

6. Adopt appropriate Resolution #2001-R-195, as shown on page _________, approving the issuance of Industrial Revenue Bonds in an amount not to exceed $2,000,000 to Energy Planning Associates Corporation, a local manufacturer located at 148 Maritime Drive, Sanford, Florida.

7. Adopt appropriate Resolution #2001-R-196, as shown on page _________, approving the issuance of Industrial Revenue Bonds, in an amount not to exceed $4,560,000 to AmRhein Family Limited Partnership Project, a food services manufacturing facility located at 575 Econ River Place, Oviedo, Florida.

Environmental Services

Business Office

8. Authorize Release, as shown on page ________, of water (975 gpd) and sewer (975 gpd) capacity between Seminole County and Nobel Learning Communities, Inc., a Delaware Corporation for the Nobel Private School project.

Solid Waste Management

9. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for SP Recycling Corporation, Safety-Kleen Systems, Incorporated, and Waste Management Incorporated of Florida.

Planning, Engineering and Inspections

10. Approve and authorize Chairman to execute Utility Easement, as shown on page ________, granted to Florida Power Corporation for electric service lines to be constructed at Consumers Water Treatment Plant (3304 Dike Road).

Fiscal Services

Administration

11. Approve and authorize Chairman to execute the reimbursement Resolution #2001-R-197, as shown on page ________, for Commercial Paper related to the road paving program.

12. Approve and authorize Chairman to execute Agreements, as shown on page ________, for Legal Representation of Indigents in Criminal and Juvenile Court Proceedings (M-270-01/BJC).

Budget

13. BCR #02-4 – $11,360 – Planning & Development – Community Development Office – Fund: 11902 – HOME fund. Transfer funds to the tenant relocation assistance account line for final relocation payments to former tenants affected by the Moss Cove apartment conversion project.

14. WITHDRAWAL OF BCR #02-7 – $750,000 – Environmental Services – Water & Wastewater – Fund: 40100 – Water and Sewer fund.

15. BCR #02-8 - $100,000 – Planning & Development – Administration – Fund: 11500 – Infrastructure Sales Tax fund. Request transfer from Capital Projects to pay Seminole County’s portion of Supplemental Draft Environmental Impact Statement for Light Rail Transit. MetroPlan Orlando has authorized LYNX to proceed with this stage of development along a 20-mile corridor from Altamonte Springs to Sea World. Total cost of study is estimated at $3 million; Seminole County’s contribution is $100,000.

16. Budget Amendment Resolution #2001-R-198, as shown on page ________, $667,258 – Public Safety: 00100 – General Fund. To recognize funds allocated by the State to enhance window and door protection for 5 schools, which are utilized as shelters during natural or manmade disasters. On April 24, 2001 Board approved $364,231, on June 26, 2001 Board approved $144,005; and on October 9, 2001 Board approved $159,022; for a total of $667,258.

17. Budget Amendment Resolution #2001-R-199, as shown on page ________, $42,490 – Public Safety: 11200 – Fire fund. To recognize anticipated receipt of funds from FEMA’s Assistance to Firefighters Grant Program for Wellness and Fitness Program, award #EMW-2001-FG-06887, in the amount of $42,490, was approved by the Board on October 9, 2001.

18. Budget Amendment Resolution #2001-R-200, as shown on page _________, $120,183 – Public Works: 11500 – Infrastructure fund. To recognize anticipated receipt of revenues from the City of Longwood for utility relocations on CR 427 Phases III & IV based on an agreement with the City of Longwood that was approved by the Board of County Commissioners on April 25, 1995.

19. Budget Amendment Resolution #2001-R-201, as shown on page _________, $439,286 – Public Works: 10101 – Transportation Trust fund. Based on a LAP Agreement approved by the Seminole County Commission on 8/8/00, the FDOT agreed to make funds available for the construction of the Seminole-Wekiva Trail in each of the next several (state) fiscal years. Additional funds are now required for a construction contract award on 11/13/01. The State has agreed to advance a portion of the future dollars for this contract. The State DOT’s Orlando Planning Office will make these advanced funds available in July, 2002, at which time the formal Supplemental Agreement to the current LAP contract will be processed.

20. Budget Amendment Resolution #2001-R-202, as shown on page _________, $250,000 – Library & Leisure Services: 00100 – General fund. To recognize the State of Florida’s Special Category Grant Award of $250,000 for the Historical Museum expansion project.

MSBU

21. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for John & Sharon A. Trad pertaining to the Myrtle Lake Hills Road Paving and Drainage Municipal Service Benefit Unit (MSBU).

Purchasing

23. Award FC-1163-01/BJC, as shown on page _________, Seminole Wekiva Trail Construction Project (S.R. 434 to Markham Woods Road), to Gibbs & Register, Inc., Winter Garden ($2,364,050.00).

24. Award FC-1168-01/BJC, as shown on page ________, Markham Regional Water Treatment Plant Construction to Wharton-Smith, Inc., Lake Monroe ($5,652,000.00).

25. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _________, for FC-1107-00/BJC - Foxwood, Eagle's Nest, Lake Forest, Kewannee, Lake Sterling and Eagle Boulevard Lift Stations Rehabilitation Project with J & H Waterstop, Inc., Roe Construction/AJV & Utility Services, Inc., Orange City.

26. Approve ranking list for PS-599-01/BJC – General Professional Consulting Services for Transportation Planning/Technical Transportation Planning Work Tasks, authorize staff to negotiate and award Master Agreements, as shown on page ________, to the top three ranked firms, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., Orlando; GMB Engineers & Planners, Orlando; and Leftwich Consulting Engineers, Inc., Orlando (Not-to-Exceed $65,000.00 per year).

27. Approve Amendment #1, as shown on page _________, to PS-526-98/BJC – Construction Engineering and Inspection Services for Tuskawilla Road – Phases III and IV Project, with Parsons Brinkerhoff Construction Services, Inc., Tampa ($71,067.10).

28. Approve Amendment #3, as shown on page _________, to PS-571-00/BJC – Engineering Services Conceptual Feasibility Study, Intersection of SR 436 and Red Bug Lake Road, with Kittelson & Associates, Inc., Orlando (Change in Scope) (No change in compensation).

29. Approve the First Renewal for PS-532-98/BJC – Surveying Services, with Bowyer-Singleton & Associates, Orlando; Southeastern Surveying & Mapping Corporation, Maitland and Tinklepaugh Surveying Services, Inc., Orlando (December 5, 2001 through December 4, 2002) (Not-to-exceed $300,000.00).

30. Approve Second (Final) Renewal to PS-537-99/BJC – Preliminary Engineering and Final Design Services for C-15 (from S. R. 46 to S. R. 600/US 17-92), with Bowyer-Singleton & Associates, Inc., Orlando (November 15, 2001 through November 14, 2002) (Not-to-exceed $420,000.00).

31. Approve Second (Final) Renewal for PS-541-99/BJC – Big Wekiva Basin Engineering Study and Drainage Inventory, with Dyer, Riddle, Mills & Precourt, Inc., Orlando (December 24, 2001 through December 23, 2002) (Not-to-Exceed $200,000.00).

32. Approve Second (Final) Renewal for PS-544-99/BJC – Professional Engineering Services for Travel Time and Delay Studies, with Transportation Engineering, Inc. d/b/a TEI Engineers & Planners, Lake Mary (January 24, 2002 through January 23, 2003) (Not-to-Exceed $80,000.00).

33. Approve Second (Final) Renewal to PS-546-99/BJC – Consulting Services for Housing and Community Development Administration and Implementation, with Florida Planning Group, Inc., Jacksonville (January 19, 2002 through January 18, 2003) (Not-to-Exceed $90,000.00).

34. Approve Amendment #9, as shown on page _________, to RFP-225-95/BJC – Security Guard Agreement, with ITS Worldwide Staffing Services, Orlando (Not-to-Exceed $34,672.03).

35. Approve Amendment #3, as shown on page ________, to RFP-488-00/BJC – Marketing Consulting Services for Seminole County, with Bennett & Company, Orlando (Not-to-Exceed $190,000.00).

36. Approve Second (Final) Renewal to RFP-464-99/BJC – Closing Agents Services, with Shutts & Bowen LLP, Orlando (December 15, 2001 through December 14, 2002) (Not-to-Exceed $600,000.00).

37. Approve the Second (Final) Renewal to RFP-477-99/TLC – Collection Services for Public Defender’s Office; Environmental Services Department/Utilities Division; Animal Control; and Library & Leisure Services Department, with Merchants Association Collection Division, Inc., Orlando (November 24, 2001 through November 23, 2002) (20% of collected accounts).

38. Approve First Renewal to RFP-490-00/BJC - Traffic Data Collection, with Traffic County Resources, Oviedo (Not-to-Exceed $200,000.00) (November 16, 2001 through September 30, 2002).

39. Approve the First Renewal for RFP-491-00/BJC – Legal Services for Construction Claims and Litigation, with Lyon Kirwin Norris, Attorneys at Law, Winter Park (December 15, 2001 through December 14, 2002) ($135.00 blended hourly rate).

40. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for RFP-487-00/BJC - Historical Museum Pebble Dash Restoration, with Hayes, Law, Inc., Fruitland Park.

41. Award RFP-4124-01/JVP, as shown on page _________, Library Materials, to Baker & Taylor, Charlotte, North Carolina ($500,000 per year).

42. Authorize Proprietary Source, waive the procurement process and Award Miscellaneous Agreement M-278-01/BJC – AVeL-TECH Software Maintenance Agreement, as shown on page ________, with AVeL-TECH, Inc., Quebec, Canada (Not-to-Exceed $72,976.00 per three year term).

Planning & Development

Administration

43. Approve and authorize Chairman to execute Satisfactions of Mortgage, as shown on page _________, for Cheryl F. Harkoam and Anna Campbell, for households assisted under the SHIP Program’s Home Ownership Assistance Program.

44. Approve and authorize the Chairman to execute Subrecipient Agreement, as shown on page ________, with the Seminole County Housing Authority to continue the Tenant-Based Rental Assistance Program.

45. Approve and authorize staff to exercise the Purchase Option Agreement for acquisition of the Central Florida Electrical Worker’s Club, Inc. property and continue to work with the St. Johns River Water Management District on funding a site restoration plan.

46. Approve and authorize Chairman to execute Option Agreements, as shown on page ________, for acquisition of the Sanctuary Trust and the Sullivan properties located on Lake Jesup.

47. Approve and authorize Chairman to execute the First Amendment, as shown on page ________, to a Multi-Family Affordable Housing Agreement with Florida Community Capital Corporation (FCC).

Development Review

48. Approve Final Plat of Greeneway Depot Lot 5 Replat, consisting of three commercial lots zoned PCD in the Oviedo Cross Roads Planned Commercial Development District, located at the southwest corner of SR 426 and Red Bug Lake Road (Toby Hardy, OCR-THM, Inc.).

49. Approve Final Plat of Lake Forest Section 11B; property located on the south side of Orange Boulevard, north of SR 46 and south of Nevada Ave. (Dyer, Riddle, Mills & Precourt representing Orlando Lake Forest Joint Venture).

50. Adopt appropriate Resolution #2001-R-203, as shown on page ________, vacating and abandoning that portion of the 7.5-foot utility easement located at 1199 Madelena Avenue (Joseph and Stacey A. DeCosmo).

51. Adopt appropriate Resolution #2001-R-204, as shown on page ________, vacating and abandoning a 15-foot utility easement, 7.5 feet of which is located on Lot 2 and 7.5 feet is located on Lot 3 from Lake Mills Road to the environmental easement line shown on the boundary survey (Frank E. Joyce).

52. Approve Final Plat for the Greystone Subdivision located west of the Alafaya Trail and north of McCulloch Road (CPH Contractors representing Zureiq Housing).

Public Safety

Medical Quality Assurance & Education

53. Approve and authorize Chairman to execute the Emergency Medical Services (EMS) County Grant Application, State of Florida, Department of Health, Bureau of Emergency Medical Services, as shown on page _________.

54. Approve and authorize Chairman to execute Second Renewal, as shown on page ________, to Non-Exclusive Ambulance Franchise Agreement for Rural Metro Corporation of Florida, d/b/a Rural Metro Ambulance.

Public Works

Engineering

55. Authorize staff to advertise and schedule a public hearing on November 27, 2001 pertaining to the adoption of a typical section and alignment for the design of Sand Lake Road from Hunt Club Boulevard to State Road 434.

Road Operations

56. Release Maintenance Agreement/Bond (Reliance Insurance Company) #B2887057 in the amount of $33,325.80 for road improvements within the Citrus Oaks Subdivision project.

Tourism Development

57. Approve and authorize Chairman to execute X-treme Challenge Adventure Race Agreement, as shown on page ________, between Seminole County and Allen Enterprises of Central Florida, Inc., in the amount of $25,000.

Add-on

57A. Approve Final Plat for the Preserve at Astor Farms, Phase 1 Subdivision; property located approximately 1200 feet to the north of Orange Boulevard at North Maryland Street; and approve and authorize Chairman to execute Agreement, as shown on page ________, providing for the assignment of easement interests to the County for privately acquired easements adjacent to both sides of Maryland Street (Harling, Locklin and Associates representing Landstar Development Group).

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

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Request to Award FC-1146-A-01/BJC, Housing Reconstruction Program and Caretaker’s Residences Program for Lake Proctor, Geneva Wilderness and Chuluota Wilderness, was presented.

Commissioner Maloy stated he has a problem with the Housing Reconstruction/Caretaker’s Residences program, as he doesn’t feel comfortable building more homes on natural lands property. He stated he feels the most intrusive thing is the house itself. He said he feels uncomfortable spending almost $250,000 to build three homes on natural land property as this money could be used for property acquisition. He added he doesn’t see a big problem with the natural lands being vandalized. If there is a caretaker program, he believes they should be at the major parks.

Colleen Rotella, Planning, addressed the Board to review the history of the Caretaker’s Residence Program. She stated staff’s research of doing caretaker residence falls in with what the State does on most of their State Park Programs.

Commissioner Morris stated he feels that Commissioner Maloy has a valid point in terms of the intrusiveness of the physical nature of these homes, tree clearing and any other intrusions.

Ms. Rotella stated staff can change the issue of having pets on the property. She stated visitors are required to put leashes on pets. She stated staff can deal with those issues in tightening up how and where those are constructed. The County works with the Sheriff’s Office in having deputies patrol the property.

Commissioner Morris stated he does see a regularity of the program and he would recommend taking a look at the program further. He stated he would like to make sure that this is something they are happy with. He recommended holding this item until the next meeting so that the Board can be briefed individually.

Chairman Van Der Weide recommended approving the request but eliminating the caretaker’s program issue.

Motion by Commissioner Maloy, seconded by Commissioner Morris to Award FC-1146-A-01/BJC, as shown on page _______, Housing Reconstruction Program ($64,995 per house for 9 houses) to Elizabethan Construction Services, Inc., Longwood (Total of Contract $817,532; $584,955 for Reconstruction), with the Caretaker’s Residence Program to come back to the Board at the County Manager’s discretion with the appropriate information.

Under discussion and upon inquiry by Commissioner McLain, Ms. Rotella advised there is no charge for rent of the caretaker’s residence in exchange for them opening up the property and taking care of overnight visitors, camping, etc.

Commissioner McLain stated any decision the Board makes on new caretaker facilities, he would hope those would have the same impact as the ones they currently have. It is easy to criticize the fact that someone is getting something free, but the County still has to provide a certain amount of security and make sure the property is opened and closed. He stated he feels the community feels comfortable knowing that there is a deputy sheriff on the property and he doesn’t see the big concern. He added he understands the concern relative to placing restrictions on the caretaker of having livestock and pets of certain types on the property.

Mr. Grace stated the overall issue will be addressed.

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

CLERK’S REPORT

CONSENT AGENDA

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

A. Expenditure Approval Lists, as shown on page _________, dated October 16 and 23, 2001; and Payroll Approval List, as shown on page _________, dated October 11, 2001.

B. Chairman to execute the following Satisfactions of Judgment/$40 Public Defender Application Fees:

Aaron Kenneth Howard, Case #98005570MMA

Diane White, Case #00003254CFA

C. Approval of BCC Official Minutes dated October 9, 2001.

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

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The Board noted, for information only, the following Clerk’s “received and filed”:

1. Certificates of Acceptance of Subgrant Awards, as shown on page ________, for Child Abuse Victim Assistance Tracking System II; County DUI Prosecution Initiative IV; Elder Services Unit; and Computer Crime Investigations I, as approved by the BCC on 6/12/01.

2. Signature Pages, as shown on page ________, for DVI IV; Criminal Justice Coalition; Computer Crimes; and Elder Services Unit, as approved by the BCC on 6/12/01.

3. Private Road Maintenance Agreement and Letter of Credit, as shown on page ________, in the amount of $18,300 for Oregon Trace.

4. Maintenance Agreement, as shown on page ________, in the amount of $15,700 for Oregon Trace.

5. Right-of-way Maintenance Bonds, as shown on page _________, for Park Maitland Villa in the amount of $3,318 and Bill Heard Chevrolet in the amount of $4,000.

6. Maintenance Bond, as shown on page _________, for Stonehurst Phase II in the amount of $4,652.

7. M-266-01 Contractor Services Agreement, as shown on page _________, with Pressure Grouting of Florida.

8. Work Order #1, as shown on page _________, to PS-585-01.

9. Work Order #1, as shown on page ________, to PS-589-01.

10. Division of Forestry 2000-2001 Annual Report on Fire Control Activities in Seminole County.

11. Letter from Don Fisher, Director of Planning & Development, to Sandy McCann, Commission Records Supervisor, re: rotating appointment of Code Enforcement Board members.

12. Kids House of Seminole, Inc. Agreement, as shown on page _________, as approved by the BCC on 6/12/01.

13. RFP-4123-01 Asbestos Consultant Services Agreement, as shown on page ________, with Atlas Scientific Technologies.

14. Drainage Easement, as shown on page _________, for Babo Limited Partnership approved per Resolution #2001-R-126 adopted 7/24/01.

15. Change Order #1, as shown on page _________, to FC-1127-00.

16. Work Order #19, as shown on page ________, to FC-1139-00.

17. Work Order #8, as shown on page _________, to PS-372.

18. Development Orders, as shown on page ________, as follows: #00-32000029 BCC; #01-38000002 Kenneth & Rachelle Legg; #2001-32000020 River Run Christian Church; and #01-38000001 Giovanni Livera.

19. Developer’s Commitment Agreement, as shown on page ________, for Felgenhauer Final PCD Plan as approved by the BCC on 5/22/01.

20. Satisfaction of Connection Fees, as shown on page _________, for the following: El Redentor Presbyterian Church-Addition; Fishel Storage Yard; Parc Du Lac Subdivision and Big Tree Crossings Lot 1.

21. Utility Agreements, as shown on page _________, for Tuskawilla Retirement Residence, LLC and Nobel Learning Communities, Inc.

22. Customer Agreement, as shown on page ________, for Reclaimed Water Rates & Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Duke-Weeks Realty Corporation.

23. First Amendment, as shown on page ________, to Work Order #1 to PS-543-99.

24. Bids as follows: FC-1167-01; FC-1168-01; RFP-4126-01; RFP-4128-00; PS-5100-01; and PS-5102-01.

SHERIFF’ REPORT

CONSENT AGENDA

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

62. Authorize expenditure in the amount of $1,000 from the Law Enforcement Trust Fund to provide funding in support of Crimeline.

63. Authorize expenditure in the amount of $1,000 from the Law Enforcement Trust Fund to provide funding in support of the Mustard Seed program.

64. Approve Budget Amendment Resolution #2001-R-205, as shown on page _________, re-budgeting $720,407 in prior year unexpended contract/grant funds to the Sheriff’s office FY 2001/02 budget.

65. For Information Only – To close out FY 2000/01, Section 30.50(4) and Section 129.06(2) Florida Statutes, provides authorization to amend the Sheriff's Office budget by transferring funds between activities (Judicial, Law Enforcement and Corrections) and major expense classifications (Personnel, Operating and Capital). The transfers, as identified, were made internally to the Sheriff's Office FY 2000/01 budget as part of the year-end closeout and reconciliation process. As part of this closeout, the Sheriff's Office returned $239,560.36 in unexpended budget funds back to the County.

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

COUNTY MANAGER’S BRIEFING

Mr. Grace informed the Board that Item #70, Economic Development Commission of Mid-Florida Annual Update, will not be heard today as Mr. Ray Gilley is unable to be present. He stated this item will be rescheduled at a future meeting.

REGULAR AGENDA

Suzy Goldman, Library & Leisure Services Director, addressed the Board to present request for Board consensus on the spending plan for $140,000 designated for the Eugene Gregory Memorial Park, and approval for transfer of funds from a reserve to a project for expenditure. She stated Chief Fleming and Deputy Moderson are not in attendance due to the passing of a co-worker. She said George Sellery, Sheriff’s Office Financial Manager, is in attendance to answer any questions.

Ms. Goldman explained for Commissioner Maloy the flooding aspect of the property and how much of the property is above the flood plain.

George Sellery addressed the Board to review for Commissioner Morris how much funding has been obtained from the Sheriff and interested parties. He stated he doesn’t have the total figures of in-kind services.

Commissioner Morris stated he would like more information on the funding issue. The only information he is getting is from the newspaper.

Ms. Goldman stated she believes the Board is asking for a detailed spending plan based on the in-kind and cash donations.

Chairman Van Der Weide stated this seems to be loose and one of the action staff is asking is to transfer funds from the reserve to a project for expenditure.

Ms. Goldman stated she would then change the request to transfer $10,000 so they can proceed with the environmental assessment on the property.

Commissioner Morris stated he would like to see where the funds are going, what are the commitments and a much more detailed plan.

Commissioner McLain stated the Board is supportive in partnering with the community and the Sheriff on this park, but the one concern he senses is that this Board doesn’t want to get caught with additional demands on revenues based on in-kind contributions maybe not fulfilling this obligation. He stated he feels it is important to have some type of plan that show stages and what kind of commitment they have in hand so they can move forward with this project and the County will not be left holding the bag where it will cost the Board more money.

Mr. Grace stated staff can do that and bring it back to the Board.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the expenditure of $10,000 for the environmental study; and instruct staff to come back with a formulated plan for staging of this project with committed money from private sources, in-kind services and the Sheriff’s Department.

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

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Colleen Rotella stated staff is seeking Board direction regarding proceeding to close on joint acquisition of Katie’s Wekiva River Landing. She stated staff is requesting three items to be approved. The first request is to approve the final purchase price of $665,000 for the joint acquisition. The County’s participation is $119,700 (land) and $8,500 (survey). The second item staff is requesting is direction regarding intergovernmental agreement with the State Department of Education Protection. The final item is to request approval of an Amendment to the Option Agreement to extend the time frame.

Upon inquiry by Commissioner Maloy, Clay Henderson addressed the Board to advise the property owner will be responsible for cleaning up the property. He stated he believes the State park system is still trying to decide which structures they want to keep and use, and that will not be a County liability.

Motion by Commissioner McLain, seconded by Commissioner Morris to move forward with the joint acquisition of Katie’s Wekiva River Landing at a final purchase price of $665,000, with County’s participation at $119,700 (land) and $8,500 (survey).

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

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Motion by Commissioner McLain, seconded by Commissioner Morris to move forward with the Intergovernmental Agreement with the State Department of Environmental Protection; and approval of Amendment to Option Agreement, as shown on page _______, to extend the time frame to December 31, 2001.

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

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Amanda Smith, Planning, addressed the Board to present request to approve the Final PCD site plan and Developer’s Commitment Agreement for the U-Haul Self Storage PCD, for property located north of the Seminole/Orange County line on the west side of SR 436, Todd Rimmer with PEC Engineering. She stated the project will consist of two tracts for development. Tract 1 will allow for all permitted uses under the C-2 zoning classification with the exception of outdoor advertising signs, and Tract 2, with the exception of outdoor advertising signs, will allow for all permitted uses under the C-2 zoning classification, as well as self-storage, truck rental, and ancillary commercial uses. The proposed Final PCD site plan is consistent with the Seminole County Land Development Code and the approved Development Order for the project.

Commissioner Morris stated this is a U-Haul self-storage facility that will be renting U-Haul trucks. He stated he would like to bring up an issue of other self-storage facilities that have contracts with U-Haul. What they have done is migrated their trucks up to the front so they can show the advertising on their trucks. They are supposed to be less obtrusive. He stated he feels that will happen here.

Todd Rimmer, representing the applicant, addressed the Board to advise the Developer’s Commitment Agreement limits the number of trucks to seven. This will be a U-Haul owned maintained facility. He stated if the Board would give him the addresses of those companies, he could pass it on to his company to see if they can rectify those specific instances. He said with the limited frontage and the restrictions in the Developer’s Commitment Agreement, he doesn’t think the County will have that type of issue with this property.

Upon inquiry by Commissioner Maloy, Mr. Rimmer displayed and reviewed a site plan showing the landscaping.

Ms. Smith stated the applicant has worked very diligently with staff and the City of Casselberry, particularly with the trucks and extra signage that they are getting off of that site. The applicant is willing to place more landscaping along the front of SR 436 and along the back of the facility.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve the Final PCD site plan and Developer’s Commitment Agreement, as shown on page ________, for the U-Haul Self Storage PCD, for property located north of the Seminole/Orange County line on the west side of SR 436, Todd Rimmer with PEC Engineering.

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

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Motion by Commissioner Morris, seconded by Commissioner Maloy to approve Interlocal Agreement, as shown on page ________, with Seminole County, the Cities therein and the Seminole County School Board, establishing a Building Code Compliance Board; and authorize staff to process the agreement.

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

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Chairman Van Der Weide announced that Commissioner Henley recently had a quadruple bypass and he will be back as soon as possible.

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Buddy Balagia, Planning, addressed the Board to present request for approval of the Third Amendment to the Subrecipient Agreement with the Seminole County Lake Mary Regional Chamber of Commerce to provide additional funding for down payment assistance ($500,000 set aside for Wyman Fields Foundation).

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve Third Amendment, as shown on page _________, to the Subrecipient Agreement with the Seminole County Lake Mary Regional Chamber of Commerce to provide additional funding for down payment assistance ($500,000 set aside for Wyman Fields Foundation).

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

COUNTY MANAGER’S BRIEFING

Chairman Van Der Weide advised that the Economic Development Commission of Mid-Florida Annual Update has been pulled from the agenda.

Mr. Grace stated this item will be rescheduled for the November 27, 2001 meeting.

PM PUBLIC HEARINGS

Commissioner Maloy stated the backup for Item #76, Small Scale Amendment/Rezone, C.A. Stone, refers to a walk-up window restaurant and no indoor seating or a drive-thru and he feels this may be a mistake. He stated he doesn’t know you can have a restaurant without a drive-thru or inside seating and he would like to have staff check into this to make sure this is correct.

COUNTY ATTORNEY’S REPORT (Continued)

Mr. McMillan introduced his new employee Karen Consalo to the Board.

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The Chairman recessed the meeting at 10:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (Commissioner Morris entering late) with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann.

PROOFS OF PUBLICATION

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

Districts 1, 3 and 5 voted AYE.

PUBLIC HEARINGS

REQUEST TO REZONE FROM A-1 TO

M-1, LARRY FENDER, ADESA

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to M-1 (Industrial), for property located west of Cameron Avenue, approximately 650 feet south of SR 46, Larry Fender, Adesa, received and filed.

Senior Planner, Kathy Fall, addressed the Board to present the request, advising staff believes the rezoning is compatible with the Industrial land uses surrounding the area and would recommend approval.

Commissioner Morris entered the meeting at this time.

Alan Carpenter of CPH Engineering, representing the applicant, addressed the Board to advise they are in agreement with the staff and their recommendation.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt Ordinance #2001-44, as shown on page _______, rezoning from A-1 (Agriculture) to M-1 (Industrial), property located west of Cameron Avenue, approximately 650 feet south of SR 46, as described in the proof of publication, Larry Fender, Adesa.

Districts 1, 2, 3 and 5 voted AYE.

CONSIDERATION OF AN AMENDMENT TO

SENIOR CITIZEN HOMESTEAD EXEMPTION

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance amending the Senior Citizen Homestead Exemption, received and filed.

Budget Manager, Ginger Barrett, addressed the Board to advise the ordinance increases the exemption to the maximum allowed of $25,000. It also removes the voted debt service millages from the exemption in order to provide maximum stability to the revenue generated by those millage rates.

County Manager, Kevin Grace, advised approximately $260,000 a year would be taken out of tax revenues should the Board elect to go to the full $25,000 exemption. He recommended the Board increase the exemption, but not to the $25,000 maximum because they still do not know what the State or the economy will do.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt Ordinance #2001-45, as shown on page _______, increasing the Senior Citizen Homestead Exemption from $10,000 to $25,000, for qualifying citizens.

Under discussion, Commissioner Morris noted that Commissioner Henley has spoken in favor of this in the past.

Commissioner McLain stated he first brought this issue up and is in support of going to the full amount.

Districts 1, 2, 3 and 5 voted AYE.

CONSIDERATION OF AMENDMENT TO

THE PURCHASING CODE

Proof of publication, as shown on page _______, calling for a public hearing to consider amending Chapter 220 of the Purchasing Code; adoption of a resolution to create Chapter 330 “Purchasing Procedures” of the Seminole County Administrative Code; and to establish the Internal Procedures of Purchasing, received and filed.

Purchasing Manager, Ray Hooper, addressed the Board to present the proposed ordinance and resolution.

Upon inquiry by Commissioner Morris, Mr. Grace advised staff has some changes to this code that they would like to make next year and at that time will address some of Commissioner Henley’s concerns. He said this is primarily a reorganization of the Code and the Commissioner seems comfortable with it.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2001-46, as shown on page _______, amending Chapter 220 (Purchasing Code); to adopt appropriate Resolution #2001-R-207, as shown on page _______, creating Chapter 330 “Purchasing Procedures” of the Seminole County Administrative Code; and to establish the Internal Procedures of Purchasing, as described in the proof of publication.

Districts 1, 2, 3 and 5 voted AYE.

CHAIRMAN’S REPORT

The Chairman requested appointments be made to the Tourism Development Council.

Motion by Commissioner McLain, seconded by Commissioner Morris to appoint Pat Freeman to the Tourism Development Council for a four-year term ending January 1, 2006; to adopt appropriate Resolution #2001-R-208, as shown on page ________, expressing appreciation for services rendered by Mayor Russell Hauck; and to reappoint Helen Stairs to the Tourism Development Council for a four-year term ending January 1, 2006.

Districts 1, 2, 3 and 5 voted AYE.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Morris briefly discussed the Regional Planning Conference held in St. Petersburg that the Chairman and he attended last week. He complimented Chairman Van Der Weide on excellently representing Seminole County.

Chairman Van Der Weide stated Commissioner Morris, as Chairman of the ECFRPC, ran a very good meeting.

COUNTY MANAGER’S REPORT

Mr. Grace advised that it looks like the St. Johns River Water Management District will purchase the property in the City of Maitland. He believes this will be a good solution to the problem. He stated that there will be an agenda item at the next BCC meeting regarding a transfer of land for access purposes.

COMMITTEE REPORTS

Commissioner Maloy reminded everyone of the Expressway Meeting scheduled today at 4:00 p.m.

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Chairman Van Der Weide displayed a framed picture of the new LYNX bus saluting Veteran’s Day and depicting employees of LYNX who have been called to active duty for the war.

Upon inquiry by the Chairman, Administrative Aide, Mary Mantzaris, advised Jake Sneed, Telecommunications, has also been called to active duty.

COMMUNICATIONS AND/OR REPORTS

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

1. Notice of Public Hearing to be held on November 14, 2001, by the City of Altamonte Springs to consider a request by MDM Services, Inc. to Annex, Rezone and Change the Future Land Use of 1.158+ or - acres located at 2010 West SR 434, Longwood. (cc: Board, County Manager, DCM, Planning & Development Director, Planning)

2. Letter dated October 24, 2001, from Darla Zakaluzny, Administrative Assistant, Volusia County MPO, enclosing a copy of Resolution 2001-22, which was adopted by the MPO Board on Tuesday, October 23, 2001.

3. E-mails to the Board from the following expressing opposition to the proposed Emmer/Portofino Development: Miguel and Pam Rosario, Annette Madden, Simon Urdaneta. (cc: Board, County Manager, DCM, Planning & Development Director, Planning)

4. Letter dated October 26, 2001, from Tom O'Hanlon, Chairman, Oviedo City Council, requesting that Seminole County allow parcel of property used for location of sewer lift station be annexed into the City of Oviedo. (cc: Board, County Manager, DCM, Planning & Development Director, Environmental Services, Planning/response)

5. Letter dated October 26, 2001, from Mrs. Jay Kruger, to the Board Re: October 9, 2001, Public Hearing approving land use change from A-1 (Agricultural) to PUD (Planned Unit Development) (cc: Board)

6. Letter dated October 22, 2001, from Ronald O. Harrison, Major General, Line, Florida National Guard, The Adjutant General, to the Chairman, advising of his retirement effective November 3, 2001 and advising that Brigadier General Doug Burnett will assume duties of the Adjutant General. (cc: Board, County Manager)

7. Copy of letter dated October 22, 2001, from Richard T. Creedon to Tony VanDerworp, Sanford City Manager, Re: Site 10 Sludge Project. (cc: Board, County Manager, DCM, Planning & Development Director, Planning)

8. E-mails from the following regarding the proposed Portofino Development: Richard and Glenda Maggard, Mr. and Mrs. Arthur J. Esposito, Mark Guy Warren, Wilfredo Dell Manzano (cc: Board, Planning)

9. Memorandum dated October 26, 2001, from Bob Briggs, Finance Manager, Environmental Services, to Sandy McCann, Recording Secretary, listing an item submitted for recording in the official records. (cc: Board, County Manager, Environmental Services Director)

10. Memorandum dated October 22, 2001, from Doris-anne Freeman, City Clerk Department, City of Altamonte Springs, to Distribution List, transmitting copy of Ordinance No. 1426-01 abandoning portion of a 10' alley running north and south of the southerly right-of-way of Wayne Avenue.

11. Copy of letter dated October 17, 2001, from Ronald W. McLemore, City Manager, City of Winter Springs, to Jena Brooks, Office of Greenways & Trails, informing of their inability to move forward with partnership with O.G.T. and the County to acquire the Springs Land/Jesup Shores tract for purposes of building a regional scale trailhead facility for the Cross Seminole Trail in Winter Springs. (cc: Winter Springs Mayor and Commission, County Manager, Board, County Engineer)

12. E-mails from the following to the Board expressing opposition to proposed land swap at Lake Ann Lane: Peter G. Hayden and Pastor and Mrs. Green. (cc: Board, Planning)

13. Copy of letter dated October 23, 2001, from the Chairman to Mayor Paul Lovestrand, Re: Lake Emma Road Annexation (Ordinance #01-1573). (cc: Board, County Manager, Planning and Development Director, Planning Manager, Senior Planner)

14. Copy of letter from Jeffery E. Prescott, President, Indian Hills Homeowners Association, to residents regarding maintenance of ditch and canal easements. (cc: Board, District Commissioner for response)

15. Letter dated October 20, 2001, from Charles F. Cavaretta, President, Seminole Woods Community Association, Inc., expressing opposition to the request by the City of Sanford Re: Sludge Plant. (cc: Board, County Manager, DCM, Planning & Development, Planning)

16. Copy of letter dated October 18, 2001, from Sandra Glenn, Executive Director, to Kevin Grace, County Manager, Re: Regional Development Program Invoice. (cc: Board, Director of Fiscal Services, Director of Planning and Development)

17. Copy of letter from T.C. Chitty, to Maggie Ketcham Re: Proposed name change for CR 419. (cc: Board, DCM, Planning & Development Director)

18. Copy of letter dated October 19, 2001, from Sam Kendall, Seminole Audubon Society, to Tony Mathews, Seminole Co. Planning Department, Re: PUD Master Plan for The Estates at Wekiva Park. (cc: Board, County Manager, DCM, Planning & Development Director)

19. Letters dated October 2, 2001, from H.W. "Bill" Suber, CFA, ASA, Seminole County Property Appraiser, to the Chairman, advising of proportionate shares of the 2001-2002 fiscal year budget for the Board of County Commissioners, Road District, and Fire District. (cc: Board, County Manager, Fiscal Services Director)

20. Copy of letter dated October 18, 2001, from Anthony Miller, Senior Regulatory Scientist, Department of Water Resources, St. Johns River Water Management District, to William H. Morrison, Attorney-in-Fact, Re: Wekiva Park Subdivision. (cc: as listed, Board, County Manager, DCM, Planning & Development Director, Planning)

21. Letter dated October 15, 2001, from Dwaine R. Brooks, Vice President, Human Resources, Day International, Inc., advising of planned consolidation of Image Transfer Operations and advising of expected layoffs. (cc: Board, County Manager, Human Resources)

22. Letter from Frank R. and Patricia M. Blazek, Jr., advising of opposition of proposed cell phone tower proposed to be erected on the SCC campus on Lockwood Boulevard. (cc: Board, County Manager, DCM, Planning)

23. Letter dated October 23, 2001, from Dianne L. Kramer, Deputy Superintendent, Operations, Seminole County School Board, to the Chairman, transmitting copy of the 2001 Educational Facilities Impact Fee Report and 2001 Five Year Capital Improvement Plan for Seminole County Public Schools. (cc: Board/letter only, County Manager, DCM, Planning, Copy of report to Liaison Commissioner)

24. Letter dated October 23, 2001, from Meredith A. Harper, Shutts & Bowen LLP, to the Board, Re: KGB/Lake Howell LLC/Estates at Lake Howell.

25. Letter to the Board from Ray Valdes, Seminole County Tax Collector, transmitting a copy of the “State of Florida Constitutional Officers Financial Report” of the Office of the Tax Collector for the year 2000/2001.

26. Memorandum from Mark Van Bever, Court Administrator, to the Board, transmitting a copy of the check in the amount of $17,076 representing reimbursement of court-related expenses.

27. Memorandum from Marie Lackey, Stormwater Tehnician and Gabrielle Milch, WAV Coordinator, to the Board, County Manager, and Director of Public Works, RE: Countywide Stormwater inlet marking project.

28. Agenda for the Oviedo City Council Meeting of November 5, 2001.

29. E-mails expressing opposition to the proposed Emmer Development rezoning request by Jan and Drew Davis, Victoria E. deNoyelles, and Phil Triano.

30. Agenda for the LYNX Board Meeting of October 25, 2001.

31. Notice of Public Hearings to be held by the Lake Mary City Commission on November 15, 2001 to consider a request for conditional use to allow an approximate 5,000 square foot expansion of the existing Lake Mary Veterinary Clinic.

32. Copy of memorandum from Henry Brown, Assistant County Attorney, to Linda Eiland, Risk Manager, Administrative Services, RE: Payment of Direct Pay Request: Callin v. Seminole Co.; Case #96-599-CA-14-G, Expert Witness Procurement.

33. Memorandum from May Kay Cariseo, Executive Director, to County Commissioners, County Administrators, County Attorneys, County Lobbyists, RE: End of Special Session.

34. Notice to Abutting Property Owners dated October 31, 2001, from Eunice Muir, Planning Technician, City of Lake Mary, RE: Home Occupation - 140/142 Railroad Avenue, Lake Mary.

35. Notice from WORKPLACE Central Florida showing graph of new employment claims.

36. Copy of letter and attachment from Byron W. Brooks, Executive Director, to Larry A Dale, President/CEO, Orlando-International Airport.

37. Letter from Diane Pickett, Time Warner Communications, to the Chairman informing of new programming choices effective December 4, 2001.

38. E-mails from Barbara Bray and Bob Peters expressing opposition to proposed Emmer Development project.

39. Letter from Ray Valdes, Tax Collector, to the Chairman, advising of refund.

40. Letter form City of Sanford Clerk Janet R. Dougherty transmitting copy of Ordinance #3669 annexing 9.755 acres of property lying between SR 46 and Smith Canal Road and between Central Park Drive and Upsala Road.

41. Copy of Memorandum from Bob Briggs, Finance Manager, Environmental Services Department, to Sandy McCann, Commission Records, listing items submitted into County records.

42. Agenda for Sanford Airport Authority Board Meeting of November 6, 2001.

43. Memorandum dated November 6, 2001, from Mary Kay Cariseo, Executive Director, FAC, to County Commissioners, County Administrators, County Attorneys, and County Lobbyists, Re: 2^nd Special Session -- Potential Cost Shift to Counties.

44. Letter dated November 1, 2001, from Geraldine D. Zambri, City Clerk, City of Longwood, transmitting a copy of Ordinance No. 01-1585, adopted by the City of Longwood relating to voluntary annexation (711 Highland Street). (cc: Planning, Property Appraiser, Supervisor of Elections, Planning & Development)

45. Copy of Memorandum dated November 9, 2001, from Henry Brown, Assistant County Attorney, to Jerry McCollum, County Engineer, Re: Payment of Director Pay Request: Seminole County v. Sanford Court Investors, et al -Litigation Support Services, Expert Witness Procurement. (cc: Board, County Attorney, Purchasing & Contracts Manager)

46. Copy of Memorandum dated November 9, 2001, from Bob Briggs, Finance Manager, Environmental Services Department, to Sandy McCann, Recording Secretary, Re: Submission into County Records. (cc: Board, County Manager, Environmental Services Director)

47. Copy of Memorandum dated November 7, 2001, from Sandy McCann, Commission Records Supervisor, to Kevin Grace, County Manager, Re: Outstanding BCC Documents (List #14 - March, 2001, through May, 2001). (cc: Chairman, Vice Chairman, Clerk of Circuit Court, Director of County Finance)

48. Memorandum dated November 1, 2001, from Doris-anne Freeman, City Clerk Department, City of Altamonte Springs, to Distribution List transmitting Resolution No. 1057 vacating and abandoning three ingress/egress utility easements and that certain access easement located east of Maitland Avenue, south of Pennsylvania Avenue and west of Main Street. (cc: Seminole Co. Property Appraiser, Supervisor of Elections, County Administration, County Mapping Supervisor, Building & Fire Prevention Division)

49. Notice of Public Hearing to be held by the Sanford Planning & Zoning Commission on Thursday, November 15, 2001, to consider a rezone from AG, Agricultural, to that of PD, Planned Development, for property located at 1701 Brisson Avenue. (cc: Board, DCM/Sherman, Planning & Development Director, Planning)

50. Notice of Public Hearing to be held by the City of Sanford to consider a conditional use for a car wash for property located at 490 Lake Mary Boulevard West. (cc: Board, DCM/Sherman, Planning & Development Director, Planning)

51. Letter dated October 29, 2001, from James G. May, Colonel, U.S. Army District Engineer, Department of the Army, to Wekiva River Residents, Re: Aquatic plant management operations in the St. Johns River watershed, including the Wekiva River, with attached News Release. (cc: Board, County Manager, DCM/Frank, Environmental Services)

52. Letter dated November 3, 2001, from Connie V. Stiles to the Board Re: Taxes.

53. E-mails from the following expressing opposition to proposed Emmer rezoning: Carolyn Klages, Bob & Sandi Timms, and Brenda Womack. (cc: Board, County Manager, DCM/Sherman, Planning & Development Director, Planning)

54. Letter dated November 5, 2001, from H. Marshall Womack, Jr., to the Chairman expressing opposition to proposed Emmer Portofino Development project. (cc: Board, County Manager, DCM/Sherman, Planning & Development Director, Planning)

55. Letter dated November 7, 2001, from Annie V. Edwards, to the Board, expressing opposition to proposed Emmer Portofino Development project. (cc: Board, County Manager, DCM/Sherman, Planning & Development Director, Planning)

56. Letter dated October 31, 2001, from John P. Saboor, Sr. Vice President, and Kevin Coulthart, Seminole County Marketing Manager, Central Florida Sports Commission, transmitting the September 2001, Activities Report. (cc: Board)

57. Newsletter from the School Board of Seminole County Re: Elementary Highlights.

58. Copy of letter dated November 5, 2001, from Kenneth M. Roberts, Director, Department of Public Safety, to Dennis Allen, expressing appreciation for recent donation of $10.00.

59. Contracts for Services, as shown on page ________, between Seminole County Parks and Recreation and the following: Kristy Hammond, Ilene Killer, Kyle Medina, Dennis Jones, Zachary Pamatien, Colleen M. Luce, James W. Hill, Larry Swett, Kevin Masih, and Kristen Bauaro.

COUNTY MANAGER’S REPORT, CONTINUED

Mr. Grace advised that beginning with this meeting, they will be replaying all BCC meetings on Sundays at 11:00 a.m.

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Mr. Grace informed the Board of a problem with negotiations of the Owner’s Representative Contract for the Courthouse. He stated the staff is trying to resolve the issue; however, if there is no agreement reached, he will bring back a request to the BCC at their next meeting to consider going with the number two-ranked firm.

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Upon inquiry by Commissioner McLain, Planning & Development Director, Don Fisher, addressed the Board to advise the renovation of the Building Department should be completed by the middle of December.

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The Chairman recessed the meeting at 1:55 p.m., reconvening at 7:03 p.m. with all Commissioners and all other Officials with the exceptions of County Attorney Robert McMillan, who was replaced by Deputy County Attorney Stephen Lee, and Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARINGS

REZONE FROM UC TO PUD

PORTOFINO/PHILLIP EMMER

AND REZONE FROM UC TO PUD

CLOONFUSH PROPERTIES/JOHN POLASEK

Proofs of publication, as shown on page _______, calling for public hearings to consider rezoning from UC (University Community) to PUD (Planned Unit Development); property described as 45.56 acres located at the northwest corner of McCulloch Road and Old Lockwood Road; Portofino/Phillip Emmer, and to consider rezoning from UC (University Community) to PUD (Planned Unit Development); property described as approximately 1.22 acres located at the northwest corner of McCulloch Road and Old Lockwood Road; Cloonfush Properties/John Polasek, received and filed.

Mr. Grace stated there was discussion this morning that letters (copies received and filed) were received from both applicants requesting the items be continued until there is a full Board due to Commissioner Henley’s illness and surgery. The Board indicated this morning that they wished to continue both hearings to the February 12, 2001 evening meeting.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to continue to February 12, 2001, at 7:00 p.m., or as soon thereafter as possible, the public hearing to consider rezoning from UC (University Community) to PUD (Planned Unit Development); property described as 45.56 acres located at the northwest corner of McCulloch Road and Old Lockwood Road; as described in the proof of publication, Portofino/Phillip Emmer.

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

Motion by Commissioner Maloy, seconded by Commissioner Morris, to continue to February 12, 2001, at 7:00 p.m., or as soon thereafter as possible, the public hearing to consider rezoning from UC (University Community) to PUD (Planned Unit Development); property described as approximately 1.22 acres located at the northwest corner of McCulloch Road and Old Lockwood Road; as described in the proof of publication, Cloonfush Properties/John Polasek.

Commissioner McLain clarified that this would be the evening public hearing meeting at 7:00 p.m. Mr. Grace said he would put these items first on the agenda.

No one spoke in support or in opposition.

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

SMALL SCALE AMENDMENT AND REZONE

C. A. STONE

Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Amendment from LDR (Low Density Residential) to Commercial or Planned Development; and Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); property located on the south side of Red Bug Lake Road, between Mikler Road and Slavia Road, C. A. Stone, received and filed.

Senior Planner, Cindy Matheny, addressed the Board to state staff recommends approval of the Planned Development land use with findings that it would be: (1) Consistent with Plan policies related to the Planned Development land use designation; (2) Consistent with adjacent Low Density Residential and Planned Development land uses; (3) An appropriate transitional use at this location; and (4) Consistent with Plan policies identified at this time.

Staff also recommended that the rezoning is in compliance with the applicable provisions of the Vision 2020 Plan and the Seminole County Land Development Code related to PCD zoning; and (2) The request, as proposed, would be compatible with surrounding development and surrounding Future Land Use designations of Suburban Estates and Low Density Residential. Staff recommends approval of the rezoning to Planned Commercial District, subject to the following: (1) The west 200 feet of the site is limited to office or bank uses; (2) Restaurants may only be located on the eastern half of the site with no outdoor seating, no outside amplification of sound, and the restaurant must be sit-down only (no dive-thru or “fast food”); (3) Signage shall be in accordance with the signage standards of the Lake Mary Boulevard Overlay Ordinance; (4) Operating hours shall be limited to the hours between 7 a.m. and 11 p.m.; (5) The maximum building size shall be 30,000 square feet and no “strip” centers shall be developed. Building configuration shall be determined at the time of Final PCD Master Plan approval; (6) Wet retention ponds shall be designated as amenities. They shall be aesthetically pleasing. All ponds shall be accented with natural form edges and native landscaping; (7) Vegetation is encouraged where no natural plant communities exist. Landscaping shall rely on the use of native plant materials. Plant materials and types shall be determined at time of Final PCD Site Plan approval; (8) Where feasible, parking shall be master planned and should be located at the rear or side of buildings. Shared property access and cross access easements between adjacent parcels are encouraged; (9) Decorative crosswalks should be utilized where sidewalks cross driveways or parking areas. Muted or natural colors shall be used; (10) Extensive monotonous sections of fences shall be avoided by having breaks, incorporating landscaping and other natural features, and shall incorporate muted or natural colors; (11) All service areas and mechanical equipment (ground or roof), including, but not limited to, air conditioning condensers, hearing units, electric meters, satellite dishes, irrigation pumps, ice machines and dispensers, outdoor vending machines, propane tanks, displays and refilling areas shall be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, façade, parapet or other similar screening material, which is architecturally compatible and consistent with the associated building. If landscaping is utilized, then the plantings must be high enough within one year of planting to provide the required screening; (12) Building over 20,000 square feet shall provide variations in the roofline and wall planes which may include architectural enhancements; (13) Pitched roofs shall be encouraged, and no roof shall be predominantly flat; and (14) Awnings, if provided, shall be sensitive to the building height, size, materials and color. Awning colors should be muted or neutral.

Ms. Matheny advised the P&Z voted 5 to 0 to recommend approval of the land use and rezoning to PCD.

Commissioner Morris directed staff to brief the P & Z at their next meeting on the additional recommendations so they are aware of what has transpired.

Commissioner Maloy stated he would like to see stronger wording on Condition #8 to read that cross access easements shall be required.

Jim Stelling, representing the applicant, addressed the Board to state he is not sure about the cross access easement since the adjacent property owner wasn’t too willing. He said on this property, ingress and egress can be controlled and he imagines it can be on any other property. He said if the Board mandates this, they would have to specify cross access easement with whom.

Commissioner Maloy said his thinking was that in the future, if the properties get developed, these could all interconnect together so they could potentially go out to Slavia.

Commissioner McLain clarified that Commissioner Maloy would like the applicant to agree to allow cross access for additional parcels in the future.

Applicant C. A. Stone addressed the Board to state he doesn’t know how much traffic that would generate and that could backlog him.

Commissioner Morris stated that generally, a cross access easement on a retail situation allows for more traffic as people are willing to do double stops.

Commissioner Maloy stated he thinks this plan is substantially better than the previous one and he is glad to see all the conditions that will make this a neighborhood friendly type of development.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the Plan Amendment from Low Density Residential to Planned Development, by adoption of Ordinance #2001-47, as shown on page _______, and approve rezoning from A-1 to Planned Commercial Development, by adoption of Ordinance #2001-48, as shown on page _______; with staff recommendations and amendment to Condition #8 to specify that cross access shall be required to the east of the property unless staff determines that it is unfeasible; property located on the south side of Red Bug Lake Road, between Mikler Road and Slavia Road; as described in the proof of publication, C. A. Stone.

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

Commissioner Morris complimented the District Commissioner and said he thinks they have set some really good standards and he can say this is going to be better.

CITIZEN INPUT

Nadine Tolos addressed the Board to state in September, an item was on the agenda to increase the money allocated to Lynx and A+ Lynx. Little discussion was exchanged on the disability transport area. It was decided that Lynx would come back on October 23, 2001 with answers and plans on how the program would be handled. To date, it appears nothing has transpired. She explained her interest in this is due to a member of her family (sister) needing the services. She reviewed the costs and asked what does a person on SSI or something of that nature do. She asked the Board to look at the system, as it is not working at all. She asked who is going to monitor and survey the accuracy of their services. She said Lynx has no realistic concept of what they are trying to do and she does not know where the ultimate responsibility and liability lies. She said no one should ever lose his/her dignity and self-respect to have to conform to the cattle-car type transportation that A+ Lynx has implemented. Discussion ensued with Commissioner McLain.

Chairman Van Der Weide stated A+ Lynx has admitted they have problems and this sounds like a unique one.

Commissioner Maloy stated he was going to review a letter from Ms. Tolos about her sister’s condition.

Commissioner McLain said he thinks A+ Lynx has agreed to continue service until they take a further look at Ms. Tolos’s sister’s condition.

Ms. Tollos said the Board has the power to not just correct the situation for her relative but for anybody residing in Seminole County. She said if the Board doesn’t protect the people who are disabled, then nobody will. Whereupon, Chairman Van Der Weide said the Board doesn’t have the power to correct every situation that everybody thinks should be done.

Commissioner Morris stated he thinks the consensus of the Board is to agree to support Commissioner Maloy’s efforts. He said there is a lot that is wrong with A+ Lynx and it is not working well, but some of it is working right.

Commissioner Maloy said he was reading today that somewhere around Pensacola that ADA stopped altogether because of similar problems and the strain on the system. He said the Board did contribute, on top of the additional increases the County was billed for, an extra $45,000 to keep the service going throughout the County and they are still working on getting the cities to participate financially.

Chairman Van Der Weide stated the County is borrowing money from resources to fund the program until they can get things resolved. The Board is aware of the problem and he thinks Lynx is also. He said the Community College and colleges in general want service for the students. The County is coordinating the effort with the cities and trying to convince the mayors they need to participate.

Commissioner Maloy said he would report back to the Board in two weeks. He will send a memo per the Board’s direction. He asked Ms. Tolos to provide him the documentation about her sister.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:40 p.m., this same date.

ATTEST ______________________Clerk_____________________Chairman

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