The Resolution and Appreciation & Dedication Plaque were presented to Commissioner Maloy.

A bouquet of flowers was presented to Mrs. Althea Maloy.

Commissioner Maloy expressed his appreciation to his family, the Board, citizens and County staff, stating this has been a most interesting and incredible experience.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-197, as shown on page _______, honoring Daryl McLain for his dedication to the citizens of Seminole County during his term of office from November 1992 to November 2004 as Seminole County Commissioner for District 5 and as Chairman of the Seminole County Board of County Commissioners from November 2001 to 2004.

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

A video on Chairman McLain entitled “Cowboy” was played.

The Resolution and Appreciation & Dedication Plaque were presented to Commissioner McLain.

A Plaque honoring Commissioner McLain for serving as Chairman was presented by Commissioner Morris.

A bouquet of flowers was presented to Mrs. Barbara McLain.

Chairman McLain expressed his appreciation to the citizens of Seminole County for the honor and privilege to serve them. He also thanked his family, the Board and County staff.

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The Chairman recessed the meeting at 10:05 a.m., reconvening it at 10:22 a.m.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-195, as shown on page _______, commending the Solid Waste Management Division for being awarded the “2004 Silver Excellence Award for Landfill Management”.

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

The Resolution was presented to Solid Waste Manager, David Gregory, Greg Reagan and Gary Heltman of the Solid Waste Division. Mr. Gregory addressed the Board to display the “2004 Silver Excellence Award” and to express his appreciation.

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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-196, as shown on page _______, commending Joseph H. McCluan of the Emergency Management Division of the Public Safety Department for his dedication and 26 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. McCluan who addressed the Board to express his appreciation to the Commissioner and his team.

COUNTY MANAGER’S CONSENT AGENDA

County Manager Kevin Grace advised of replacement page for Item #13, BCR #04-54 in the amount of $850,077. He also advised that Item #15, Application for Museums for America Program for the Museum of Seminole County History, has been pulled from the agenda.

Chairman McLain advised that there are members of the Markham Woods Homeowners Association in the audience with regard to Item #35, Warranty Deed from Stratford Homes, Inc. for public access to the Seminole Wekiva Trail. He said they want to make sure the trailhead will be rustic in nature without paved parking. Whereupon, Mr. Grace advised that is the plan.

County Engineer, Jerry McCollum, addressed the Board to advise the staff is aware of their concerns and it will be a non-paved rustic area. He added they will be meeting with the homeowners tomorrow and will receive more input at that time.

Mr. Grace stated he will follow this up with a written statement on the County’s intent.

Upon inquiry by Commissioner Maloy, Solid Waste Manager, David Gregory, advised hurricane debris is continuing to be picked up. He stated stump removal is moving from the west side of the County to the east. He said the County does have field inspectors to follow-up on any special circumstances. However, in general, the debris pick-up is winding down.

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

Administrative Services

Support Services

5. Approve and adopt Resolution #2004-R-199, as shown on page _______, and authorize Chairman to execute County Deed, as shown on page _______, conveying Parcels 08-20-30-503-5200-00A0, 08-20-30-503-5200-00B0, 08-20-30-503-5200-00E0 and 08-20-30-503-5200-00G0, including the south half of vacated right-of-way north of and adjacent to Block 52, approximately 2.067 acres to the City of Lake Mary for use in their City Hall improvement project.

Environmental Services

Business Office

6. Approve and authorize Chairman to execute the Wholesale Water Service Capacity Agreement, as shown on page _______, with the City of Oviedo and Seminole County to provide potable water service to the Black Hammock Community.

Fiscal Services

Budget

7. Fiscal Year 03/04 - adopt appropriate Budget Amendment Resolution #2004-R-200, as shown on page _______, (04-68), $91,521 – Tax Collector: 00100 – General Fund. The Tax Collector's commission payment for the General Fund is based on taxes collected. This action will appropriate the funds necessary through fiscal year-end 2003/04 due to an increase in the Tax Collector's collections.

8. Fiscal Year 03/04 - adopt appropriate Budget Amendment Resolution #2004-R-201, as shown on page _______, (04-66), $135,000 – Judicial: 00100 – General Fund. This transfer is requested to cover the expenditures incurred through the Article V transition for Circuit Court Costs and Court Appointed Council.

9. Fiscal Year 04/05 - adopt appropriate Budget Amendment Resolution #2004-R-202, as shown on page _______, (05-07), $1,200 – Library & Leisure Services: 60305 – Historical Commission Donation Fund. All funds in the Historical Commission Donation Fund are budgeted in a reserve line. On 10/21/04 the Historical Commission voted to use $1,200 in donation funds for the purchase of a portable wall for use in the Museum office area. This action transfers funds to the appropriate expenditure account line.

10. Adopt appropriate Budget Amendment Resolution #2004-R-203, as shown on page _______, for Hurricane Related Debris Removal - Reallocation of Funds between Fiscal Years BAR FY 03/04 in the amount of $30,836,540; and adopt appropriate Budget Amendment Resolution #2004-R-204, as shown on page _______, for BAR FY 04/05 in the amount of $33,738,650.

11. Budget Change Request #04-53 in the amount of $627,000 – Public Works – Traffic and Roads-Stormwater – Fund 10101 – Transportation Trust Fund & 13000 – Stormwater Fund for costs associated with initial actions related to Hurricanes Charley, Francis and Jeanne.

12. Adopt appropriate Budget Amendment Resolution #2004-R-205, as shown on page _______, for FY 04/05, $2,991,758 – Public Works- 10101 – Traffic and Roads/13000 – Stormwater Fund for costs associated with initial actions related to Hurricanes Charley, Francis and Jeanne.

13. Budget Change Request #04-54 in the amount of $850,077 – Various Departments – Fund: Various Funds. FY 2003/04 year-end cleanup of accounts.

Grants Administration

14. Approve and authorize Chairman to execute Application, as shown on page _______, for the Museums Assessment Program through the Institute of Museum and Library Services (IMLS) for the Museum of Seminole County History to assess strengths and weaknesses and to plan for the future.

15. WITHDRAWAL OF REQUEST to approve and authorize Chairman to execute application for the Museums for America Program through the Institute of Museum and Library Services (IMLS) for the Museum of Seminole County History to apply for funding to purchase and install a HVAC system to preserve and archive original local newspapers.

MSBU

16. Authorize scheduling and advertising Public Hearings for the purpose of adopting the Consolidated Street Lighting District Ordinance and adopt Resolution establishing Seminole County’s intent to adopt the Uniform Method of Collecting Non-Ad Valorem assessments.

17. Approve and authorize County Manager to execute the Street Lighting Agreement, as shown on page _______, between Seminole County and Florida Power & Light for street lights located in the Trails Unit 1 Municipal Service Benefit Unit.

Purchas ing

18. Award CC-1244-04/TLR Contract, as shown on page _______, Lake Emma Road (Sand Pond to Lake Mary Center) to John Carlo, Inc., Orlando ($2,222,543.15).

19. Approve Change Order #2, as shown on page _______, and authorize Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1200-02/BJC – Northwestern Avenue Erosion Control, with Schuller Contractors, Inc., Orlando ($56,741.50 + 70 days).

20. Approve Change Order #2, as shown on page _______, to DB-607-01/BJC – SR 434 Trail Overpass with Jones Bros., Inc., Lake Mary ($15,958.95 + 85 days).

21. Award CC-1247-04/TLR Contract, as shown on page _______, Howell Creek Pedestrian Bridge to Southland Construction, Apopka ($148,376.00).

22. Accept and authorize Chairman to execute Certificate of Final Completion, as shown on page _______, for FC-1156-01/BJC – CR 427 Phase I.

23. Award RFP-4224-04/TLR Contract, as shown on page _______, Prosecution Alternative for Youth Program Counseling Agreements (PAY Counselors Program) to Another Chance Counseling Center, Winter Park; Central Florida Psychological Services, Sanford; Eddie DelValle, Orlando; Families in Recovery, Longwood; Human Services and Resources, Longwood; Quest Counseling Centre, Altamonte Springs; and Robert Tango, PhD, PA, Lake Mary (Not-to-Exceed $62,000.00 per year).

24. Approve Amendment #3, as shown on page _______, to RFP-4187-03/BJC – Performance Work Statement for Custodial Services for Miscellaneous County Buildings to A1A Cleaning Service, Inc. of Longwood ($37,440.00 per year).

25. Approve Second Renewal for PS-5130-02/BJC – Continuing Services for Engineering Services for Soil and Materials Testing with Ardaman & Associates, Inc., Orlando and Nodarse & Associates, Inc., Winter Park (January 21, 2003 through January 21, 2006) (Not-to-Exceed $100,000 per year).

26. Award IFB-3095-04/GMG Term Contract, as shown on page _______, for Comprehensive Landscape Maintenance and Maintenance of Irrigation System, at the Criminal Justice Center, to Valley Crest Landscape Maintenance, Inc., Orlando (Term Contract).

27. Approve assignment of A/B-3012-01/GG – Term Contract for various sod and installation from Greenside Up, Inc. Kenansville, to Sterling Silver Scape & Sod, Inc., Kissimmee (Assignment).

28. Authorize Sole Source Procurement and authorize issuance of Purchase Order(s) for various LifePak 12 System Equipment and related appurtenances including services to Medtronic Physio Control Corporation, Redmond, WA (Not-to-Exceed $500,000.00).

Library & Leisure Services

Parks & Recreation

29. Approve and authorize Chairman to execute the Agreement, as shown on page _______, with the Orlando Utilities Commission permitting access to Red Bug Lake for environmental monitoring.

Planning & Development

Community Resources

30. Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program: Edward & Cynthia Smith; Sophie Oglesby; Barbara Perez; Susie Rodriguez; Rafael & Tomasita Pimental; Geraro Velez & Katherine Aviles; Pamela M. Torrey; Maria Baez; Carleene W. Finch; Dixie Flannagin; Kathy J. Capps; Cajae Cox; Charles M. Hicks; Erma Jackson; Benjamin P. Willis; Annette L. Jackson; Joanne Deming; Jairo A. Martinez; and Maria Baez.

31. Adopt appropriate Resolution #2004-R-213, as shown on page _______, renaming a segment of Redwood Grove Terrace to Foxtail Court to eliminate confusion and delays in emergency situations.

Development Review

32. Approve and authorize Chairman to execute the Final Plat for Hawthorn Glen Townhomes located on the northwest corner of Old Lockwood Boulevard and McCulloch Road (Centex Homes).

Public Safety

Emergency Management

33. Approve and recognize the Seminole County Continuity of Operations Plan and Terrorism Annex as a working document to assure continuation of Seminole County Government during and after emergencies.

34. Approve and authorize Chairman to execute the Emergency Management Preparedness & Assistance Trust Fund Base Grant Agreement, as shown on page _______, between the State of Florida Department of Community Affairs and Seminole County to receive a non-matching grant of $102,959.00 to enhance Emergency Management program capabilities.

Public Works

Engineering

35. Adopt appropriate Resolution #2004-R-206, as shown on page _, accepting Warranty Deed, as shown on page _, from Stratford Homes, Inc. to Seminole County for property necessary to improve the public access to the Seminole Wekiva Trail.

Roads Operations/Stormwater

36. Approve and authorize Chairman to execute the License Agreement, as shown on page ________, between Orlando Utilities Commission (OUC) and Seminole County giving permission to OUC to access Lake Marion and Clear Lake for the Lake/Wetland Environmental Monitoring Program.

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

37. Approve proposed settlement relating to Parcel Numbers 1837 and 1737 of the Lake Drive road improvement project, located at 2007 Lake Drive, Casselberry, Newberg property, in the amount of $6,000.00 inclusive of all land value, attorney’s fees and costs.

38. Approve proposed settlement relating to Parcel Numbers 101, 103, and 104 of the Chuluota Bypass road improvement project, located at the intersection of County Road 419 and Snow Hill Road, Rybolt property, in the amount of $174,844.60 inclusive of land value, severance damage, statutory interest and attorney’s fees.

39. Approve proposed settlement relating to a revised Parcel Number 889 of the County Road 427 Phase I road improvement project, located at 1591 County Road 427 North, Inland Materials, Inc. property, in the amount of $33,805.95, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

40. Expenditure Approval Lists, as shown on page _______, dated October 19 & 25, 2004.

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

Nancy Arroyo, Case #03-2549-CFA - $198 Court Costs and Application for Indigency Fee

Wendy Sue Bergst, Case #99-10092-MMA - $263 Court Costs and Public Defender Application Fee

Timothy L. Brown, Case #01-2269-MMA - $40 Public Defender Application Fee

Tristan C. Frazier, Case #02-1360-MMA - $418 Court Costs and Public Defender Application Fee

Scott Thomas Gerry, Case #97-10028-MMA - $160

Anthony Haynes, Case #95-9243-MMA - $130

Zachary Lee Kivinski, Case #00-25-MMA - $153

Gabriel Vance Lindsey, Case #01-8765-MMA - $50.50 Fine/Court Costs

Sean Rapaport, Case #96-2998-CFA - $81.90

Paul Weist, Case #03-1046-MMA - $158

42. Official BCC Minutes dated October 12, 2004

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

1. Change Order #1, as shown on page _______ to Work Order #3 to CC-1222-03.

2. Basic Contract M-452-04, as shown on page _______, M.M. McCullough.

3. Amendment #1, as shown on page _______, to Work Order #6 to CC-1222-03.

4. Work Order #21, as shown on page _______, to PS-5130-02.

5. Work Orders #21, #22, #23 & #24, as shown on page _______, to CC-1220-03.

6. Work Order #1, as shown on page ______, to PS-5162-04.

7. Work Order #24, as shown on page _______, to PS-586-01.

8. Work Order #25, as shown on page _______, to PS-574-01.

9. Amendment #1, as shown on page _______, to Work Order #1 to PS-5147-03.

10. Work Orders #2 & #4, as shown on page _______, to RFP-4214-04.

11. Amendment #4, as shown on page _______, to Work Order #1 to PS-527-98.

12. Amendment #1, as shown on page _______, to Work Order #2 to PS-551-00.

13. Work Order #30, as shown on page _______, to PS-5129-02.

14. Memorandum to BCC from Kevin Grace, County Manager, re: Capital Project Fund Transfer in the amount of $131,921, Jail Security System.

15. Certificate of Title, as shown on page _______, for Anneburry plat.

16. Second Amendment, as shown on page ______, to RFP-4187-03.

17. Fourth Amendment, as shown on page _______, to M-168-00.

18. Transmittal letter of adopted Small Scale Plan Amendment to the Comprehensive Plan for Orange Blvd.

19. Maintenance Bond, as shown on page _______, in the amount of $98,619 for the project known as Highcroft Pointe Townhomes; Maintenance Agreement and Letter of Credit, as show on page _______, in the amount of $4,316.70 for the project known as Happy Bays Car Wash ROW; and Maintenance and Escrow Agreement, as shown on page ________, in the amount of $2,970 for the project known as Monroe Commerce Center North Phase 2.

20. Agreement, as shown on page _______, for Extended Possession for Daniel and Jacqueline Guenther, Lake Drive, per approval of the Purchase Agreement on July 27, 2004.

21. Purchase Agreement, as shown on page _______, for Hindu Society of Central Florida, Inc., Lake Drive, per approval of Binding Written Offer on June 8, 2004.

22. Purchase Agreement, as shown on page _______, for James D. and Rose A. Hunter, Lake Drive, per approval of Binding Written Offer on June 8, 2004.

23. Third Amendment, as shown on page _______, to RFP-4201-03.

24. Addendum #2, as shown on page _______, to KBC/Briar Corporation PCD Developer’s Commitment Agreement.

25. Memorandum to Kevin Grace, County Manager, from Ray Hooper, Purchasing Manager, re: Outstanding BCC Documents.

26. Development Orders, as shown on page _______, as follows: #04-32000016, William Lowery & Robert Flood Special Exception; #04-30000114, Ramon Espinal Variance; #04-30000126, Arocho Florencio Variance; #04-30000139 Kenneth & Kathy Gilmore Variance; and #04-30500004 Diane L. & Michael J. Hidalgo Variance.

27. Certificate of Title, as shown on page _______, for Buckingham Estates Phase 2.

28. Conditional Utility Agreement, as shown on page _______, for water service with Taylor Woodrow Communities for the project known as Alaqua Lakes Phase 8.

29. Satisfactions, as shown on page _______, of Connection Fees for the following: Colonial Town Park Building D1, Building D2, Building D3 and Building D4 – Colonial Realty LP.

30. Assignment of Conditional Utility Agreements, as shown on page _______, for water and sewer service with Mikler Road Development, LLC and Rockwell Land Development Corp. for the project known as Regency Estates f/k/a Mikler Lake.

31. Conditional Utility Agreements, as shown on page _______, for water and sewer service for the following: Wachovia Bank, National; Sonic Development, LLC; and Talmen Mews LLC.

32. Bills of Sale and Warranty Deed, as shown on page _______, accepting water and sewer systems for the following projects: Madison Creek; Madison Place Townhomes and Highcroft Pointe.

33. Bids, as shown on page _______, as follows: CC-1246-04; CC-1247-04; and RFP-4226-04.

Sheriff’s Office

44. Approve and adopt appropriate Budget Amendment Resolution #2004-R-207, as shown on page _______, to enter the contract amount of $67,674 from the Community Based Care of Seminole (CBCS) into the Seminole County Sheriff’s Office Budget, and to add an additional position to the Sheriff’s Office head count.

45. Authorize expenditure from the Law Enforcement Trust Funds in the amount of $2,000 for the following: $1,000 contribution to the Boys and Girls Club of Central Florida, West Sanford Branch in support of the Club’s Drug Prevention Program; and $1,000 contribution to the Girls and Boys Town of Central Florida based in Oviedo for assistance in outfitting the shelter with furniture and other household items.

46. Approve and adopt appropriate Budget Adjustment Resolution #2004-R-208, as shown on page _______, in the amount of $166,292 for Sheriff’s Office FY 04-05 from the Florida Department of Law Enforcement, State Homeland Security Law Enforcement Terrorism Prevention Program Grant. Funds will be used to purchase equipment that supports Region #5 Initial Strategy Implementation for Domestic Security.

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

REGULAR AGENDA

Solid Waste Manager, David Gregory, presented requests for extension of the Solid Waste Franchise Agreements with Waste Management, Inc. of Florida; Republic Services, Inc.; and Waste Services of Florida Inc.

Commissioner Morris expressed his concern with the amount of garbage blowing out of the trucks on Ronald Reagan Boulevard on the way to the transfer station. He said this seems to be a pattern and he would like to have a report at the next Board meeting from staff on recommended action.

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

47. Approve and authorize Chairman to execute the Extension of Solid Waste Franchise Agreement, as shown on page ______, for three months to March 31, 2005 between Seminole County and Waste Management, Inc. of Florida.

48. Approve and authorize Chairman to execute the Extension of Solid Waste Franchise Agreement, as shown on page _______, for three months to March 31, 2005 between Seminole County and Republic Services, Inc.

49. Approve and authorize Chairman to execute the Assignment and Extension of Solid Waste Franchise Agreement, as shown on page ________, for three months to March 31, 2005 between Seminole County and Waste Services of Florida, Inc. (formerly Florida Recycling Services, Inc.).

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

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Mr. Gregory presented requests for Second Amended Agreements with Waste Services of Florida, Inc. and Waste Management, Inc. of Florida.

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

50. Approve and authorize Chairman to execute the Second Amended Solid Waste Collection Franchise Agreement, as show on page _______, Seminole County, Florida, Residential Collection Service between Waste Services of Florida, Inc. and Seminole County for the provision of residential solid waste collection in Service Area 2.

51. Approve and authorize Chairman to execute the Second Amended Solid Waste Collection Franchise Agreement, as shown on page _______, Seminole County, Florida, Residential Collection Service between Waste Management, Inc. of Florida and Seminole County for the provision of residential solid waste collection service in Service Area 1.

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

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Purchasing Manager, Ray Hooper, and Director of Human Resources, Janet Davis, addressed the Board to present request to cancel RFP-4210-04/AJR, Employee Deferred Compensation Plan and award contract to Nationwide Retirement Solutions.

Commissioner Henley stated the process the staff went through troubles him. He said, in his opinion, this is not the best deal for the employees.

Mr. Grace stated this process started when Commissioner Henley asked staff to go through the bid process in order to add another provider. One of the problems with the Great Western response is that it requires the County to dump Nationwide. The Board wanted to know what the employees wanted so they sent out information and most employees did not want to change providers. He stated one of the best solutions, in his opinion, is to “piggy back” the State of Florida’s plan. Currently, the law does not provide for that, but that may change next year. Discussion ensued.

Mr. Hooper stated the proposed contract is for one year with five one-year renewals; and if the Board decided to go with the State’s plan, the contract can be terminated for convenience.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to cancel RFP-4210-04/AJR, Employee Deferred Compensation Plan; and award Contract, as shown on page _______, to Nationwide Retirement Solutions.

Under discussion, Commissioner McLain stated he believes this issue was brought forward in order to provide more than one option for the employees.

Upon inquiry by Commissioner Henley, Mr. Grace stated his proposal is to wait to see if the Legislature acts to change the law so the County can “piggy back” on their plan.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Henley voted NAY.

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Planner, Denny Gibbs, addressed the Board to present request for a Final Plat for Burn’s addition to the Black Hammock Minor Plat located at 1100 Artesia Avenue in Section 25, Township 20 South, Range 31 East, on the north side of Artesia Avenue and east of Lake Charm Drive, Marshal Wolfe. She advised the property presently has two structures on it - one single-family house and one cottage. The applicant proposes this plat in order to separate these structures onto their own parcels, which would allow for the sale of the property with the main house and the conversion of the cottage into a single-family structure on its own parcel. She said neither parcel fronts on a County standard right-of-way as required by the Land Development Code nor is the right-of-way in the County road maintenance system. She further advised staff recommends denial of the plat since Artesia Avenue is not paved to County standards nor is it in the County maintenance program. Staff’s concern is based on the future development potential of the surrounding properties that would develop using Canal and Artesia for access and the cumulative effect on these roads. She added staff is concerned that approval of the plat, with the waiver of the requirement to front on a County standard road, will set a precedence for other similar requests; and that the future impact to the substandard County roads through to the rural area could not be contained.

District Commissioner Morris stated the applicant has lived in the area for a long time. He said at first glance, this could cause 40 units to be built in the area; but looking closer, that is not the case. He stated that four units would be the most if the wetland issue can be resolved. He added that he does not believe this sets a precedent because of the unique nature of the property.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute the Final Plat for Burn’s Addition to Black Hammock Minor Plat located at 1100 Artesia Avenue, on the north side of Artesia Avenue and east of Lake Charm Drive; and to grant waiver to the requirement to front on a County standard road required per the Land Development Code 35.62(a) and 35.122(a), Marshal Wolfe.

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

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Planner, Jeff Hopper, addressed the Board to present request for approval of the Final Master Plan and Developer’s Commitment Agreement for Greenway Pointe PUD on a 52-acre parcel located at the northwest corner of SR 426 and SR 417, William T. Buckley/CCCH Greenway N. Prop., LLC, et al. He advised access into the site will be through Greenway Pointe Boulevard, a proposed new road connecting to a planned intersection on SR 426. Extensive wetland areas at the north end of the site will be preserved as open space and recreational amenities will be provided as well. He further advised staff recommends approval of the plan with a condition that the applicant provide a detailed amenity plan at final engineering, and that such plan be reviewed by the District Commissioner.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for Greenway Point PUD; and authorize the Chairman to execute same for property located on the northwest corner of SR 426 and SR 417, Ted Buckley, based on staff findings and the condition that the applicant provide a detailed amenity plan at final engineering and that such plan be reviewed by the District Commissioner.

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

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Commissioner Van Der Weide left the meeting at this time.

Planner, Cynthia Sweet, addressed the Board to present the appeal of the Planning & Zoning Commission’s denial of the Preliminary Subdivision Plan for Greenway Pointe Townhomes, Morrison Homes. The property is located at the northwest corner of Aloma Avenue (SR 426) and SR 417. She advised that staff’s recommendation to the P&Z was to approve the plan with the following conditions: (1) The wetland boundaries as depicted are required to be verified by SJRWMD and Seminole County staff prior to final engineering plan approval; (2) A 25-foot average, 15-foot minimum, undisturbed upland buffer is required to be provided from all approved jurisdictional wetland boundaries; (3) A conservation easement dedicated to the County will be required over jurisdictional wetlands and required undisturbed upland buffers; (4) Access to SR 426 is limited to the existing conditions until the signalized intersection is constructed by the Clayton property developers across the street as approved by FDOT. At the time the signalized access is constructed, the access to this development shall be constructed to line up with the Clayton property access if it does not already do so; and (5) The proposed density may be reduced due to the stormwater and other related design criteria as required by the Land Development Code.

Ms. Sweet further advised that the P&Z denial was based on insufficient information submitted for their review; not enough time to review the project; and the timing of the traffic signal at SR 426. Staff has gone back and reviewed the previous requests for this project and determined that Item #4 should be removed from the conditions of approval. Staff feels the issues that the P&Z raised are now resolved; and they would recommend reversal of the P&Z decision.

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

Motion by Commissioner Maloy, seconded by Commissioner Morris to reverse the decision of the Planning & Zoning Commission to deny the approval of the Preliminary Subdivision Plan for Greenway Pointe Townhomes, subject to the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for Greenway Pointe Townhomes located at the northwest corner of Aloma Avenue (SR 426) and SR 417, Morrison Homes, with all staff recommended conditions, except for Item #4 as outlined.

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

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David Medley, Community Services, addressed the Board to present the new funding request for the Central Florida YMCA and amended contracts for the Christian Sharing Center and the Seminole County School Readiness Coalition. Copy of proposed YMCA Agreement was received and filed. He stated that under Exhibit A of the School Readiness Coalition Agreement, there is a 15% administrative fee. He said staff would like to see that removed so that all the funds are going to the program.

Mr. Medley stated that with regard to the YMCA proposed agreement, he is unable to guarantee that the funds the County gives will be in addition to the funding made available by the YMCA. He said the YMCA raises funds each year for scholarships and in additional to that, they take funds out of their general receipts for scholarships as needed. Therefore, it is difficult to determine what will be additional funding.

Commissioner Morris stated the qualification for his support of the YMCA funding was that it be for scholarships and new outreach programs.

Chairman McLain stated he believes the Board should set this money aside and let the YMCA come up with a new program. Discussion ensued.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute the Seminole County Christian Sharing Center Agreement, as shown on page _______, in the amount of $50,000; approve and authorize the Chairman to execute the Seminole County School Readiness Coalition Agreement, as amended, deleting the administrative fee of 15%, as shown on page _______, in the amount of $75,000; and to authorize an amount of $25,000 to the YMCA from the General Fund Reserves, with staff bringing back to the Board for approval an agreement with the YMCA.

Under discussion, Commissioner Maloy stated since there was already a process in place, he believes this action will set a precedent and cause problems in the future.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

COUNTY MANAGER’S BRIEFING

Chairman McLain stated that over the last 40 years, the County has had a relationship with the Gun and Archery Club. He stated the club has safely operated the gun range on Seminole County property. He said they have given firearms safety and hunters safety courses and have been a good partner to Seminole County. He advised that the club has come to him to inquire about amending their contract with the County to include additional property that would be used for a “sporting clays” range. He stated sporting clays is the use of shotguns and clay pigeons in a trap and a skeet-type of environment.

Chairman McLain introduced Ben Macadino (phonetic) of the club who introduced other members in attendance.

Mr. Grace stated this item is basically to brief the Board before any negotiations are conducted.

Commissioner Van Der Weide stated that if this is run properly and safely, he does not see a problem with it.

Solid Waste Manager, David Gregory, stated that if the Board has no objections, staff will get to work on various options and locations at the landfill property.

The Board, by unanimous consensus, directed staff to move forward on the Seminole County Gun and Archery Association, Inc. request and bring back a lease for Board approval.

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The meeting was recessed at 11:45 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

RESOLUTION/REBUDGET FUNDS

Proof of publication, as shown on page _______, calling for a public hearing to consider Budget Amendment to Rebudget Funds from FY 2003/04 to FY 2004/05, received and filed.

Lisa Spriggs, Fiscal Services Director, addressed the Board to request authorization to reestablish the budgets for previously approved capital projects and other specific items. She stated the Budget Amendment request totals $181,127,010 and represents various funds. She briefly reviewed the summary that is included in the packet.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Budget Amendment Resolution #2004-R-209, as shown on page ________, Rebudgeting Funds from FY 2003/04 to FY 2004/05, as described in the proof of publication.

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

REZONE/Sony Sutherland

Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from RP (Residential Professional) to RP (Residential Professional) and approval of the Development Order for a 1.38 acre site located on the east side of Line Drive, 500 feet south of Sand Lake Road, Sonny Sutherland, received and filed.

Jeff Hopper, Planner, addressed the Board to review the proposed request. He stated the property was rezoned to RP in 1985 and the applicant has provided a detailed site plan addressing conditions and other code requirements. Under the new site plan, the applicant is proposing to remove approximately 16,000 sq. ft. of pavement to create additional open space. The existing continuous strip of pavement along the Line Drive frontage would be reduced to a 24 ft. entrance drive. That would increase traffic safety and make it possible to provide landscape buffers along the road. A masonry wall will be provided adjacent to residential developments to the east and south. Upon approval of the site plan, the applicant will use the south building right away in its current condition. The north building would be renovated for office use at a later time. Staff is recommending that the applicant provide elevation showing proposed architectural enhancements. These would be presented to the Board prior to occupancy of the building. Staff recommends approval of the request subject to the conditions listed and those include: (1) A 6 ft. brick or masonry wall shall be provided along the south and east property lines; (2) Pavement removal shall include the existing sub-base with these materials to be replaced with clean fill; (3) Business hours shall be restricted from 7:00 a.m. to 9:00 p.m., Monday through Friday; and (4) The applicant shall provide elevations showing architectural enhancements to include removal of roll-up doors and installation of windows on the east and west sides of the building. These elevations shall be presented to the Board for approval prior to occupancy.

John Reynolds, American Civil Engineering, addressed the Board to state he concurs with staff and Planning and Zoning’s (P&Z) recommendations. He stated he will be glad to answer any questions.

Upon inquiry by Commissioner Van Der Weide, Mr. Reynolds advised he concurs with P&Z recommendations relative to eliminating the hours of operation. He stated he requested that the lighting be with electric eyes so that they will go off at certain hours in the evening. He said he also requested that prefabricated concrete panels be included as well.

Upon inquiry by Commissioner Morris, Commissioner Maloy advised the wall alternatives are similar to the ones that are on I-4 but are made with different materials.

Upon further inquiry by Commissioner Morris, Mr. Hopper advised staff’s intention is to have the applicant show the elevation design for the north building.

No one spoke in support or in opposition.

District Commissioner Van Der Weide stated this is an unusual site as the factory has been vacant for years and it borders Orange County. He stated he feels this would definitely be an improvement to the area. He said he doesn’t have a problem with staff recommendations as well as the P&Z recommendations except for the prefabricated panels for walls.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2004-44, as shown on page ________, approving rezoning from RP (Residential Professional) to RP (Residential Professional) and authorize Chairman to execute a Development Order, as shown on page ________, for a 1.38 acre site located on the east side of Line Drive, 500 feet south of Sand Lake Road, as described in the proof of publication, Sonny Sutherland, with staff & P&Z recommendations with the exception of Item #1 (approving staff recommendations on this).

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

VACATE AND ABANDON/Meredith Pickens

Proof of publication, as shown on page _______, calling for a public hearing to consider request to vacate and abandon that portion of the public right-of-way known as Banana Lake Road consisting of 16,311 sq. ft. (.347 acres +/-) located south of CR 46A (Paola Road) and northwesterly of AAA Drive, Meredith Pickens, representative for applicant, Lakeview Estates, LLC, received and filed.

Cynthia Sweet, Development Review, addressed the Board to state the purpose of the request is to close off that segment of the right-of-way for development of a single-family residential subdivision. The applicant has agreed to provide a utility and drainage easement over the existing services. The applicant will also provide a turn around at the dead-end of Banana Lake Road for that section of the public right-of-way for the general public use. She stated the applicant has provided letters from the applicable utility companies and the City of Lake Mary stating they have no objections to the request. Staff recommends approval of the request subject to dedication of a utility and drainage easement over the existing services.

Attorney Meredith Pickens, Shutts & Bowen, addressed the Board to state before the meeting, staff indicated that there may be a discrepancy in the legal description of the drainage and utility easement and they will work with staff to fix that discrepancy.

Debra Adams, 943 Banana Lake Road, addressed the Board to ask what section of land is being developed (Section O, D or P). Ms. Sweet explained where this section is located.

No one else spoke in support or in opposition.

District Commissioner McLain recommended approval of the request.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-210, as shown on page _______, vacating and abandoning that portion of the public right-of-way known as Banana Lake Road consisting of 16,311 sq. ft. (.347 acres +/-) located south of CR 46A (Paola Road) and northwesterly of AAA Drive, as described in the proof of publication, Meredith Pickens, representative for applicant, Lakeview Estates, LLC.

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

REZONE/Lutheran Haven, Inc.

Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to RP (Residential Professional) subject to the Development Order, Site Plan and architectural rendering on approximately 2.8 acres located on the east side of west SR 426, approximately 650 ft. south of West Chapman Road, Aloma Office Center, Luther Haven, Inc., received and filed.

Tina Deater, Planning, addressed the Board to state the applicant is proposing to build a three-building office complex with a total of approximately 17,000 sq. ft. of office space. The future land use designation of the subject property is Medium Density Residential, which allows the proposed RP zoning classification. She stated staff recommends approval of the request, subject to the development order, site plan and architectural renderings. The Planning & Zoning Commission recommended approval of the request with staff conditions.

Ray Crawford, Engineering Design Group, addressed the Board to state he will answer any questions the Board may have.

Stephen Ratcliff, 2466 W. SR 426, addressed the Board to submit information (not received and filed). He stated he is a real estate broker on this project as well as a consultant for Lutheran Haven. He pointed out a few of the issues that Lutheran Haven has concerns with relative to the aesthetics appeal of the property as well as the rezoning.

Upon inquiry by Commissioner Maloy, Mr. Ratcliff advised the site would consist of one office building to the north and two office buildings to the south. There will be an urgent care facility and they are planning to be open 12 hours a day.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner Maloy stated there is a lot of commercial in this general area. He stated he feels a medical facility is a welcomed thing. Lutheran Haven has been a good neighbor throughout the County. He added he feels the buffers adequately address any compatibility issues.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-45, as shown on page ________, approving rezoning from A-1 (Agriculture) to RP (Residential Professional) subject to the Development Order, as shown on page ________, Site Plan and architectural rendering on approximately 2.8 acres located on the east side of west SR 426, approximately 650 ft. south of West Chapman Road, as described in the proof of publication, Aloma Office Center, Lutheran Haven, Inc.

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

REZONE/CPH Engineers, Inc.

Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); and approval of the Development Order for a 1.63 acre site located at the southeast corner of International Parkway and Wayside Drive, CPH Engineers, Inc., received and filed.

Jeff Hopper stated the applicant is seeking approval of two office buildings on the site of approximately 5,000 and 11,000 sq. ft. in size. The proposed office use is consistent with the Vision 20/20 Plan. Access into the site would be directly from International Parkway and the property lies opposite the future location of Savannah Park. The site does not directly abut residential future land use or zoning, but there are existing single-family in A-1 in the neighboring parcels to the east and south. Conditions of approval should include adequate buffering to ensure compatibility with these properties. While the neighboring property to the south now has a residential use, more development of an intense, non-residential nature is anticipated along International Parkway. Therefore, the site should be designed to facilitate cross access with the adjoining lot to the south. Staff recommends approval subject to the conditions listed including the following: (1) Permitted and special exception uses shall be in accordance with the provisions of the OP district; (2) A 6 ft. PVC fence shall be provided adjacent to existing residential properties, together with a minimum of 4 canopy trees per 100 linear feet; (3) The entrance to the site shall be located at the south property line with the applicant to provide a joint or cross access with the property to the south; and (4) Building elevations shall be provided at Final Master Plan.

Jim McMullen, CPH Engineers, addressed the Board to state he concurs with staff recommendations. He stated he has asked that the one item relative to the cross access (Item I) be deleted and the P&Z has omitted that from their conditions.

Mr. McMullen explained for Commissioner Morris why they wouldn’t put a cap on the cross access.

Chairman McLain stated the cross access easement can be reserved and the applicant could use it for other purposes until such time it is necessary for them to put it in.

No one spoke in support or in opposition.

District Commissioner McLain recommended approval.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2004-46, as shown on page _________, approving rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); and authorize Chairman to execute Development Order, as shown on page ________, for a 1.63 acre site located at the southeast corner of International Parkway and Wayside Drive, as described in the proof of publication, CPH Engineers, Inc.

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

PUD MAJOR AMENDMENT/Bobby Luthra/BLR Investments

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to approve PUD Major Amendment and authorize Chairman to execute an Addendum to the Developer’s Commitment Agreement for a 65.63 acre site located on the south side of CR 427, adjacent to the west side of SR 417, Bobby Luthra/BLR Investments, received and filed.

Jeff Hopper stated the applicant is proposing 186 townhome units on approximately 66 acres in Creekside. The portion of the PUD is currently approved for commercial uses. The proposed townhouse units will be a minimum of 1,320 sq. ft. and each will have a one-car garage. Because much of the site consist of wetlands and lake areas, density is relatively low (approximately 4.4 units per net buildable acre). The site includes approximately 21 acres of wetlands and a 26-acre borrow pit area, which will serve as a water amenity. Staff recommends approval subject to the conditions listed in the staff’s report including the following: (1) Sidewalks shall be adjacent to all dwelling units and provide continuous pedestrian access to all parts of the development; (2) Front setbacks shall be 20 ft. from the nearest edge of the sidewalk; (3) Balconies shall be prohibited on units backing up to the west property line; (4) A 50 ft. building setback shall be required and a 6 ft. PVC fence adjacent to the LDR parcel to the west; and (5) A 25 ft. building setback shall be required and a 6 ft. brick or masonry wall adjacent to CR 427 to the north.

Mr. Hopper discussed with Commissioner Morris what happened to this commercial site that never went to industrial.

Charley Madden, Madden Engineering, addressed the Board to refer to Section VI A (Sidewalk Systems) of the amended and restated developer’s commitment agreement. He stated what they have been doing with many of the townhome projects in Seminole County is doing sidewalks on one side of the driveways only. He stated he would like this to be allowed in this project. He said he is requesting that the following be included: “Within the townhouse tract, sidewalks will be allowed on one side of the driveway”, and delete the following: “provided adjacent to all dwelling units”.

Upon inquiry by Commissioner Morris, Mr. Madden advised if 5 ft. sidewalks would work, then he will commit to that. He would like clarification that Section IX A is the FEMA 100 year prone elevation. He stated he would like a sentence added to that section that the borrow pit area would be dedicated to a mandatory homeowner’s association. He said the borrow pit is a manmade facility and it wouldn’t be considered a conservation area. He added he would like this done so the borrow pit can be kept clean and that passive recreation can take place in that area. If a conservation easement is placed over it, it would potentially be prohibited from being used.

Mr. Madden discussed with Commissioners Henley and Morris relating to sidewalks on one side of the roadway and sidewalks in front of the units. He said they could do wider sidewalks in order to allow people to pass both ways.

Chairman McLain recessed the meeting at 2:11 p.m. to allow Mr. Madden to review the sidewalk issues with Commissioner Morris. The meeting was reconvened at 2:18 p.m.

Upon inquiry by Commissioner Morris, Matt West, Planning Manager, addressed the Board to state staff has agreed to exclude the inside loop of the area and the rest of the sidewalks will be required outside the loop.

Commissioner Van Der Weide stated the problem he has is back loading garages will be too small and you won’t be able to get a car into them. He stated he is wondering what kind of standards the County is setting for these.

Mr. Madden stated in a single-family subdivision, it is not unusual to have a 20 ft. front setback, and in this scenario there will be 20 ft. from the face of the garage to the back of the sidewalk. He stated it is the same scenario in these front loaded units. They will maintain a building setback and there will be guest parking throughout the project.

Commissioner Van Der Weide stated he has visited the site and he feels staff needs to visit the site as well along with the management to check this out.

Chairman McLain stated off-street parking would be provided for visitors as well as off-street parking for each unit.

Commissioner Morris stated he is concerned that the applicant is building this under 1/3 of the market value. He stated this is an affordable housing project by the County’s standards.

Chris Abbott, Planner of KB Homes, addressed the Board to state the average price is between $25,000 to $30,000 in upgrades and they will give the residents more value before the project is started. The base line is $160,000, but the price will increase for the customers if there are upgrades.

Upon inquiry by Commissioner Henley, Mr. Abbott advised the units begin at 1,350 to 1,400 sq. ft. in size and go up to 2,000 sq. ft. He displayed a photograph (not received and filed) of the type of homes they are building.

Upon inquiry by Commissioner Maloy, Mr. Madden displayed an aerial map and he advised that the primary recreational area will be located near the borrow pit.

Mary Allen, 768 Cranes Bluff Lane, addressed the Board to state she hopes that the St. Johns River Water Management District (SJRWMD) is being consulted on this project since there is a great deal of wetlands involved. She stated Sanford Place relies on the wetlands for drainage and she would like to know if they will be left as is or stripped and removed.

Chairman McLain informed Ms. Allen that anything involving stormwater or wetlands will require a SJRWMD permit, therefore, there are safeguards in place to protect that.

Mr. Hopper advised encroachment is minimal, therefore, the wetlands will mostly be intact.

No one else spoke in support or in opposition.

Upon inquiry by Commissioner Maloy, Mr. Hopper advised staff has no problem with the clarification of FEMA as well as the pond being deeded to the homeowners association.

District Commissioner McLain recommended approval of the request with staff recommendations relating to the borrow pit being deeded to the homeowners association, clarification of FEMA maps, and 5 ft. sidewalks as well as a sidewalk plan described earlier.

Motion by Commissioner Maloy to approve PUD Major Amendment and authorize Chairman to execute an Addendum, as shown on page ________, to the Developer’s Commitment Agreement for a 65.63 acre site located on the south side of CR 427, adjacent to the west side of SR 417, as described in the proof of publication, Bobby Luthra/BLR Investments, with staff recommendations and as recommended by the District Commissioner.

Chairman McLain passed the gavel to Vice Chairman Maloy for the purpose of seconding the motion.

Commissioner Morris stated he would like to amend the main motion to include that the elevations would be equivalent to those the Board received and prior to site plan approval the elevation would come back for Board approval.

Commissioners Maloy and McLain accepted the amendment.

Commissioner Van Der Weide stated the problem he has is there is such a demand for new homes on the market in this County he would bet before these homes are open, they will be presold and sold 3/4 more than what they predict. He said he still has a problem with the rear entries.

Commissioner Morris stated he feels that Commissioner Van Der Weide has made a major point and maybe it would be worthwhile to take a look at the aspects of townhomes process and bringing this back.

Commissioner Henley stated he is willing to continue this to the next meeting to give them an opportunity to visit the site so they can make sure they are not making any further mistakes.

Commissioner McLain stated the Board approved numerous townhomes in the past and he feels the applicant has gone through the process and the P&Z and staff has approved it. He stated he feels it is more appropriate for the Board to either approve or deny this. It is going to take some time to evaluate the changes to the Code relating to townhomes.

Mr. Hopper stated the Board could add requirements that one visitor parking space per three units would be required and that garages would not be converted to living spaces. This would minimize the traffic blockage issue.

Mr. West stated another provision that could be included is boat and RVs would not be stored on the townhouse lots. Those would have to be parked in a separate area.

Upon inquiry by Vice Chairman Maloy, Mr. Madden advised he would agree to the one-car garages not be allowed to be converted to living areas and the one parking space per three units as well. He said boat and RV parking would also be prohibited in the driveways.

Commissioner Van Der Weide stated he feels this is much better and he wouldn’t be afraid to move forward with this request, but he still feels they need to take a hard look at the Code.

Commissioner Morris recommended that the site plan come back to Board for approval.

Vice Chairman Maloy reiterated that the site plan would come back to the Board; there will be no boat or RV storage in the driveways; the conversion of garages into living areas would not be allowed; and there will be a minimum of one extra parking space for three units.

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

The gavel was returned to Commissioner McLain, who assumed the position of Chairman.

Chairman McLain recessed the meeting at 2:44 p.m., reconvening it at 2:57 p.m.

HEATHROW IBC PUD AMENDMENT

Proof of publication, as shown on page _______, calling for a public hearing to consider request to approve Second Amendment to the Third Amended and Restated Development Order for the Heathrow International Business Center Development of Regional Impact (DRI); and adopt an Ordinance amending the HIBC PUD rezone from PUD to PUD of approximately 407.1 acres, Meredith Pickens, received and filed.

Tina Deater stated the HIBC PUD was originally approved on October 20, 1988. She stated a portion of the PUD is within unincorporated Seminole County and a portion is within the City of Lake Mary. She added the applicant is requesting the following changes: (1) Changing the name to Colonial Center Heathrow; (2) Changing the use designations of Tract “D” and Tract “O” from Office to Multi-family, Tract “P” from Office to Multi-family and Office (Tract “D” is entirely within the City of Lake Mary and is proposed to be built as townhomes. Tracts “O” and “P” are within Seminole County and approximately 15 acres are proposed to be changed from Office to Multi-family); (3) Increasing the total number of multi-family units allowed in the PUD by 455 units. This results in an increase of multi-family units within the DRI from 581 to 1,036 units, an increase within the PUD from 313 units to 768 units. A total of 300 apartment units are proposed within the County and 155 townhouse units are proposed within the City of Lake Mary; (4) Allowing the future conversion of land uses within the PUD and DRI utilizing the existing conversion matrix in the Second Amendment to Third Amended and Restated Development Order for the HIBC DRI to achieve a maximum of 1,400 multi-family units in the future. That is a potential increase of 819 units more than the 581 currently allowed; and (5) Decreasing the amount of approved office space from 2,984,000 sq. ft. to 2,759,000 sq. ft. (A decrease of 225,000 sq. ft.).

Ms. Deater stated staff believes that the proposed multi-family uses are compatible with the surrounding uses. The proposed project is undergoing a Development of Regional Impact Notice of Proposed Change. Staff received objections from the School Board, East Central Florida Regional Planning Council, St. Johns River Management District, and the Department of Community Affairs relating to school capacity and potable water capacity. These agencies have indicated that the applicant has not sufficiently demonstrated that the proposed changes to the DRI will not result in additional impacts to regional resources of schools and potable water. The East Central Florida Regional Planning Council submitted comments (received and filed) regarding potable water and school issues. Staff analysis of the school capacity issue is Seminole County does not have school concurrency requirements as part of the Comprehensive Plan. This is an issue that the School Board and applicant must work out between themselves.

Ms. Deater continued by stating potable water is a concurrency issue and is addressed in the Vision 20/20 Comprehensive Plan. If this amendment is approved and the project is built as proposed, it will result in a net increase of water demand of 2,005,000 gallons per day. At this time, the County is in the process of obtaining a consumptive use permit for the Northwest Service Area. The Environmental Services Division of Seminole County has attempted to contact the applicant several times to discuss methods to mitigate the increase of water usage that this proposed amendment would create, but they have not received a response. The applicant, however, submitted a letter to the SJRWMD which they believe addressed their concerns. However, the Environmental Services Division objected to some of the statements made in that letter. In the past, the County has operated on a first-come first-serve bases relating to water capacity. It is a policy decision for this Board to determine if they want to modify this policy. Staff is in the process of completing a study of the long-term fiscal impacts of converting Office land use to Residential uses. This study is partly in response to the newly revised economic element of the Vision 20/20 Comprehensive Plan. This policy directs the County to shift the tax base burden away from residential to non-residential uses. This study will not be completed until early next year. Based upon the existing uncertainties relating to potable water and economics, staff is recommending continuing the request until such time the applicant can address the outstanding water issues and allow staff time to complete the fiscal impact analysis. However, if the Board chooses to approve the amendment, staff recommends that it be subject to the Second Amendment to the Third Amended and Restated Development Order with the following conditions: (1) In the absence of any other potable water mitigation plan, the future conversion of any office square footage to residential units shall be subject to the already existing conversion matrix based on peak hour traffic, which is part of the DRI Development Order, and an additional conversion matrix based on potable water consumption, which shall be reviewed and approved by the Board; (2) That any additional residential units added in the future (up to a maximum of 1,400 units, using the conversion matrix) shall be restricted to Tracts C-1, D, O, and P; and (3) That any approval of additional units above the 313 already approved shall be subject to concurrency testing to ensure adequate service capacities. The P&Z Commission recommended approval of the PUD major amendment and the DRI NOPC.

Attorney Ken Wright, Shutts & Bowen, addressed the Board to state he represents Colonial Properties. He noted that there are no residents here objecting to the request. He said in 1997, he and Charles McGeehee, representative of Colonial Property, met on the property and determined that several other tracts could be acquired and to give them an opportunity to do more than multi-family development. He said they met with former Planning & Development Director Tony Van Der Worp to discuss what could be done in that area in bringing in a world-class development. Their discussions also included that it would be nice to have first-class office buildings and an entertainment complex where the residents could go to a movie or have cocktails instead of having to go to Winter Park or downtown Orlando. Colonial Properties has made significant planned development investments into Seminole County and that will total about $650 million. He distributed a booklet (received and filed) entitled “Development” published by National Association of Industrial and Office Properties naming Colonial Properties as developer of the year. Staff reports that this project meets the Vision 20/20 Plan with the exception of three issues. It indicates that it meets the Vision 20/20 guidelines, traffic concurrency in terms of providing mixed development and a mixed use in lifestyles. He said he feels it would be unfair and unwise to deny Colonial Properties’ request. The proposed project is 407 acres with over 2 million sq. ft. of office space and they are shifting 225,000 sq. ft.

Mr. Wright stated the first issue deals with water. Seminole County operates under a consumptive use permit with the SJRWMD. The County has water to serve this project, therefore, there is no shortage of water. SJRWMD has no objection to this request. The other resource is land use and it is capable of producing Ad Valorem taxes without the demands that residential properties have. Any economic study will have to come back to the Board and be digested in some context. He read Tom Green’s comments from the Development booklet relating to “Corporate America is connecting with this concept. For many companies, it is increasingly more important to create a culture, that makes their employees’ lives easier”. He stated Planners have pointed out examples of why downtown areas die. What brought it back was the high density of residential. He said Maitland Blvd. was in very bad shape several years ago and it started to come back to life until development occurred in that area. The last concern that was raised deals with the School Board. Colonial Properties has benefited and continues to benefit from the good efforts and job of the School Board and their administration. There has been suggestion that there may be a capacity issue. It may not be a capacity issue as much as it is a quality issue. An impact fee ordinance was established in 1992 and he does not have enough information to make a determination as to whether or not that fee is appropriate or not. He also has no knowledge if there is a capacity issue and if there is, to what extent is it. If there is an issue regarding funding of schools or an impact fee, then there should be discussions in a more comprehensive context. He stated he would suggest not doing a moratorium or run around objecting only to the multi-family projects or conversions of non-residential properties to residential on a case-by-case basis. This development may generate 100 more or less students. Primarily this type of housing is directed to mostly single people and the rent will range from $800 to $1200 a month. As far as the economic study is concerned, it may be valuable; however, he doesn’t think that study is going to be convincing one way or the other with regard to this request. With regard to the School Board’s concern, he feels they need to begin a dialogue with the Board and the community. It has been suggested that Colonial Properties pay perhaps 125% of impact fees, but he doesn’t know how you would account for an impact fee in excess of 100%.

Sandy Robinson, Seminole County Public Schools, addressed the Board to introduce School Board member Dede Schaffner and Deputy Superintendent Diane Kramer. She stated the developer has made no effort to address school impacts with the School Board. The School Board unanimously approved a motion on 8/10/04 to oppose land use or changes that convert nonresidential properties to residential until they and the local governments have an opportunity to discuss how they can address future growth and the impact of those changes on the County and the School system. She asked the Board to postpone this issue until they have an opportunity to meet with the BCC to discuss the impact of this change in direction. She said the recent push for multi-family development has increased the enrollment rate of growth especially in the elementary level. Even though the School Board has built another elementary school and is currently constructing two classroom additions in the northwest cluster, there is still not enough capacity. There are currently 78 portables on the schools that would serve this development, and approval of this could result in a potential of 800 apartments and add approximately 200 students to the system. She discussed what impact additional growth might cause in the area, rezoning development, transportation of students, and the rate of increasing growth.

Ms. Robinson discussed with Commissioner Maloy the issue of the 1-cent tax increase going toward schools.

Upon inquiry by Commissioner Maloy, Ms. Robinson advised the School Board has been trying to keep the renovations in pace with new construction, but the other part with that is they are having a hard time finding land. The increased cost of construction materials and property has eaten up their reserves for land acquisition.

Commissioner Henley stated one of the things that help this Board maintain creditability has been the fact that they did what they said they were going to do.

Upon inquiry by Commissioner Morris, Ms. Robinson advised she feels that both Boards need to discuss how they can deal with the changes in land use.

Commissioner Morris stated he understands the School Board had concerns relative to the development on CR 46A, the Paulucci apartment development, and the apartments in Lake Mary, because all of these were not considered in the School Board’s comprehensive plan.

Ms. Robinson stated when the School Board does a 5-year plan for capital improvements, they can move some of those projects forward or backward but when this high density comes in and they are not expecting it, it really skews the plan.

Debra Adams addressed the Board to indicate on the aerial where she lives. She stated her concern is where the apartments are going to be constructed. She said she would rather have the large building built for offices as it blends in with the area better. She added she is opposed to this and she would like the apartments to go farther north.

Fred Shy, 2056 Hutton Point, addressed the Board to state he represents the Markham Woods Homeowners Association and they are against this project due to the fact that their schools will be so overcrowded. Two weeks ago the School Board had to zone 70 homes out of 1400 into different high schools and what will happen to these types of projects when there will be more development occurring in this area. He stated he didn’t hear a lot about specifics from Mr. Wright nor did he hear any statistics on how many people working in downtown Orlando live downtown. He added because the developer is going to build a community in this area doesn’t mean they will work in Heathrow unless they are in agreement with the businesses. Because the developer wants to make more money from this project, it should not be a reason to go forward with it.

Attorney Wright stated he agrees with the School Board’s successes. The fact that the School Board may or may not have a capacity issue may or may not be the question. He stated he spoke with Ms. Kramer and Mr. Vogel relative to capacity and he did not get an answer to a capacity question. It may be appropriate to have further discussion. He objects to a veil objection to a specific development without specifics. He said he was told that he could advance the project upon payment of a super impact fee. The impact fee is to offset the impacts. If the impact fee is not enough then it should be addressed. This project should not be held hostage until those processes are completed. He said he feels it is unfair to have that debate of converting nonresidential to residential centered around one project. He requested that the Board adopt the development order presented and recommended by staff. Without converting nonresidential to residential, he would like a development order that accomplishes this.

Upon inquiry by Chairman McLain, Attorney Wright advised he did not request the land use for office on these parcel and that designation was done by Pizzutti Development in 1988.

Upon inquiry by Commissioner Henley, Attorney Meredith Pickens, Shutts & Bowen, addressed the Board to advise 313 existing units have been built by Colonial Properties and another 268 have been approved to the north of the apartments.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner McLain stated the economic liability of this community depends on having adequate commercial, office and industrial land uses so they can continue to expand the economy and continue to provide jobs to the citizens of Seminole County. This is the largest mixed-use PUD, which is over 400 acres and they have assembled all of those properties over the last several years with a vision to build a first-class town center. The County has contributed economic incentives to help bring companies to this location to make sure that jobs and the necessary tax bases are created. The one thing that concerns him is they have to have the people in that community to make it viable for the commercial and retail opportunities in order to keep the people off the highway. The redevelopment of downtown Orlando with condos and apartments has brought revitalization in that area. He feels it is important that they make this a viable and successful project. He doesn’t feel it is appropriate to restrict the economic viability of this project. He stated he supports this project and he feels it is the right thing to do at this time. If this was a parcel outside the PUD wanting to convert itself, he would have a different opinion on it.

Commissioner Morris stated being involved in the business growth in the better part of 16 years, the County has put everything in historic perspective. When Primeria was going to convert, the City of Lake Mary held firm in their position and was correct long-term economically for planning and for the jobs that it brought. Many of the same arguments were made as that property changed ownership. He said this property has changed ownership three times. This Board has allowed an increased in density of the apartments making an addition of 530 apartment units. Now they are talking about an additional doubling of that of new apartments. The apartments on the south side of Lake Mary Blvd. apartments were converted with the objections of the neighbors. He said nobody wants more success than him and to see these high-end units work. There is a huge amount of undeveloped land to the north of International Parkway and that will come in as C-1 or PUD. The issue of the economic impact, which the study is not done, will not be determined and this is the reason why he doesn’t feel it should go forward. He stated he feels this proposal should be delayed so that staff can study it further. Office build-out will occur in 2010 and residential build-out will not occur until 2025. They are adding additional buildings with additional population and this adds additional strain on the system. He said 5 years is a drop in the bucket in terms of building out. He added due to those reasons, he feels they should have more discussions with the School Board and the business community and wait until the study is completed.

Commissioner Maloy stated if the County is going to have a program where they are incentivizing companies to move here, they will have to find places for people to live. He stated he has no problem with a developer coming here; but if this Board is going to start being very restrictive on residential, the County may as well not give any more awards out for companies to move here because you have to have a place for people to live.

Chairman McLain stated the developer came forward with a master plan and additional properties with a land use in place so they could have a quality project throughout. The viability of this project is what they accepted from someone else’s master plan.

Commissioner Morris stated this is a changed use. This property was acquired years ago and this proposal has come forward after the fact. This is exactly the wrong direction. Mr. Paulucci wanted to make the change and the former Board denied it.

Chairman McLain stated he agrees that the outside parcels that are not put in the master plan should not be considered.

Commissioner Morris recommended delaying this and letting them submit viable information.

Commissioner Henley stated he agrees with what Attorney Wright has said in that Colonial Properties has done a tremendous job with this project. He stated he feels the Board needs to be cognizant of the fact that whatever they do, it has impact beyond that development. The School Board went through a lengthy process upsetting 2/3 of the citizens. He stated he feels that this Board caused many of those when they did not consider the citizens when they made their decisions. He said he doesn’t believe the Board can ignore the potential impact of this. The County has been a good partner with Colonial. He added he doesn’t believe the County would be a bad partner by slowing the process down in order to get more information. He said the County needs to go beyond some of the impact on Colonial. He feels there are a lot of things that need to be considered. This County has done well because of the quality of the school system. There is a capacity problem. He said he feels that the School Board and staff is right in wanting to delay this request.

Commissioner Van Der Weide stated he has heard a lot of valid points, but he has the same concerns that Commissioner Morris has. He stated he doesn’t feel the County will have to worry about the quality of the project in the Heathrow area. He said he has a major concern converting these commercial and PUD areas as it will affect a lot of things in a lot of areas and not just that specific area. A lot of people don’t like it as they are concerned about not just what the School Board is doing, but are concerned with what the Board has done. He stated he cannot support this project.

Chairman McLain stated it sounds like the Board needs to continue this item.

Upon inquiry by Chairman McLain, Attorney Wright advised his client does not wish to have this item continued, but they will look forward to participating with the process that will occur between now and February.

District Commissioner McLain recommended continuing this item to February 2005.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue to February 8, 2005, request to approve Second Amendment to the Third Amended and Restated Development Order for the Heathrow International Business Center Development of Regional Impact (DRI); and adopt an Ordinance amending the HIBC PUD rezone from PUD to PUD of approximately 407.1 acres, as described in the proof of publication, Meredith Pickens.

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

CHAIRMAN’S REPORT

No Report.

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

DISTRICT COMMISSIONERS’ REPORT

Vice Chairman Maloy stated Bob Goff was elected as Mayor to the City of Oviedo and he has resigned from the Port Authority. He recommended appointing Shawn Concannon to the Port Authority; adopting a resolution commending Mr. Goff for his services to the Port Authority; and appoint Samuel Thompson to the Disability Advisory Council.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint Shawn Concannon to the Port Authority; to adopt appropriate Resolution #2004-R-211, as shown on page _________, commending Mr. Goff for his services to the Port Authority; and to appoint Samuel Thompson to the Disability Advisory Council.

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

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Vice Chairman Maloy stated it has been a pleasure serving as a County Commissioner.

COMMITTEE REPORTS

Commissioner Morris reviewed the results of the seven municipalities relating to the recent Charter Amendment ballot. He stated when looking at the precinct reports, the majority of the municipalities were in favor of this.

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Commissioner Van Der Weide informed the Board that Senator Lee Constantine is having an open house at his office in Altamonte Springs at 5:00 p.m. today. He stated he was planning to attend because he feels that Senator Constantine is one who could help the County a lot with the transportation issues.

COMMUNICATIONS AND/OR REPORTS

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

1. Notice of 11/3/04 City of Lake Mary Board of Adjustment public hearing-variance re: property at CR 46A and Rantoul Ln. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

2. Copy of letter dated 10/26/04 to Anthony Schembri, FL Dept. of Juvenile Justice, from Mary Kay Cariseo, FL Assoc. of Counties (FAC) re: Juvenile Detention Cost Shift.

3. Fax copy of letter dated 10/26/04 to Senator Lee Constantine from Larry Dale, Orlando Sanford International Airport, re: project to four-lane SR 46 from US Hwy. 17-92 to SR 416.

4. Copy of letter dated 10/25/04 to Frank Clifton, Casselberry City Manager, from Kevin Grace, County Manager, re: dispute resolution procedures per Interlocal Agreement between Seminole County and the seven municipalities within the County.

5. Mailer to Seminole County residents re: Charter Amendment to Establish and Define Rural Boundaries.

6. Letter dated 10/26/04 to Chairman McLain from Karl Sanders, Edwards Cohen, Attorneys at Law, re: unavailability for 11/9/04 BCC date for agenda item on Cingular Wireless communications tower.

7. Mailer to Residents of Casselberry, Longwood and Winter Springs to correct misrepresentation of facts re: Charter Amendment to Establish and Define Rural Boundaries.

8. Memorandum dated 10/28/04 to BCC from Mary Kay Cariseo, FL Assoc. of Counties (FAC) re: resignation as Executive Director of FAC, effective 1/31/05.

9. Letter dated 10/19/04 to Chairman McLain from Mary & Bob Cope re: appreciation of excellent customer service from Building/Fire Division staff: Ted Christy; Mo Harrison; Fred Fleming; Jim Blanton; and Tony Coleman.

10. Letter dated 10/11/04 (with attachment) to BCC from James F. Outlaw, DDS, re: application for boat dock.

11. Copy of letter dated 10/14/04 to Gary Brender, CALNO Chairman, from Gary Johnson, Seminole County Expressway Authority (SCEA) Director, re: Municipal Appointee to SCEA, Commissioner Art Woodruff.

12. Copy of memorandum dated 10/29/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

13. Press release dated 10/22/04 from FL Representative Sandy Adams re: Seminole County Legislative Delegation 12/6/04 public hearing. (cc: County Managers, County Attorney, Deputy County Attorney)

14. Copy of letter dated 10/28/04 to Kip & Emily Bellairs from Jane Peterson, Library Services Manager, re: appreciation of donation.

15. Copy of letter dated 10/25/04 (with attachment) to FL Representative Randy Johnson from Chairman McLain re: FL Constitutional Amendment 4, Article X, Section 19, and Seminole County Resolution #2004-R-180 in opposition to slot machines in existing pari-mutuel facilities.

16. Letter dated 10/29/04 to Chairman McLain from Ray Gilley, Metro-Orlando Economic Development Commission (EDC), re: presentation to the BCC.

17. Copy of letter dated 11/1/04 to John Bush, Winter Springs Mayor, from Tony Walter, Planning, re: Myrtle St. SD Urban Conservation Village.

18. October 2004 Seminole County Hotel Occupancy Report.

19. Memorandum dated 10/29/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer $1,489,995-Lake Dr. Order of Taking, Parcels #112/712.

20. Notice of 11/3/04 Sanford Community Redevelopment Agency (CRA) meeting.

21. Notice of 11/4/04 City of Lake Mary public hearing-rezone re: property north of Big Lake Mary and west of College Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser).

22. Notice of Postponement of 11/4/04 City of Lake Mary public hearing-rezone re: property north of Big Lake Mary and west of College Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser).

23. Letter dated 11/1/04 (with attachment) to Chairman McLain from Ray Valdes, Tax Collector, re: refund check of $4,506,479 from Tax Collector’s Office for unused revenue generated and saved.

24. Minutes of 10/21/04 Seminole County Public Safety Coordinating Council meeting.

25. Parks/Recreation Contracts, as shown on page _______, for Services: Slow-pitch Softball Scorekeepers (Anthony Suarez); Slow-pitch Softball Umpire (Wade Cook); Slow-pitch Softball Field Supervisor (Jada A. Bates); Roving Tennis Tourney Umpire (David Myers); and Tennis Instructor-Sanlando (Chelsea Maratta).

26. Copy of letter dated 11/2/04 to Carol Klavins from Jane Peterson, Library Services Manager, re: appreciation of donation in honor of the Alpha Delta Kappa Women Educators Sorority.

27. Letter dated 10/31/04 (with attachment) to Chairman McLain from John Saboor and Doug Barclay, Central FL Sports Commission, re: October activity report.

28. Notice and agenda of 11/9/04 Seminole County Expressway Authority (SCEA) meeting.

29. Notice of 12/9/04 Tri-County League of Cities meeting/luncheon in honor of the Central FL Legislative Delegation.

30. Copy of letter dated 11/5/04 (with attachment) to Gov. Jeb Bush from Kirby Green, SJRWMD, re: 5-Year Capital Improvements Plan and SJRWMD Water Resource Development Work Program.

31. Memorandum dated 11/4/04 to BCC from James T. Gross, SJRWMD, re: Lake Orienta Drainage/Self-Supply Well Study. (cc: BCC, County Managers, Environmental Services Director, Stormwater Manager)

32. Letter dated 11/1/04 to Chairman McLain from D. Ray Eubanks, FL Dept. of Community Affairs, re: Seminole County Small Scale Development Plan Amendments, Ordinances #2004-5, #2004-8 and #2004-18. (cc: County Managers, Planning Manager)

33. Notice of 11/18/04 City of Oviedo Land Planning Agency (LPA) public hearing and 12/6/04 Oviedo City Council public hearing re: Terralago Subdivision. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

34. Notice of 12/13/04 City of Winter Springs public hearing-annexation re: 1136 Orange Ave. (Srinivas Chari & Ramani Kilambi). (cc: BCC, County Managers, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser, County Attorney)

COUNTY MANAGER’S REPORT

Mr. Grace stated he and Assistant Attorney Steve Lee met with the City Attorney and City Manager of Casselberry last week regarding the Charter Amendment. They were looking for a statement from the County indicating that the County’s interpretation of the Charter amendment is “the only areas where the charter preempts municipal authority is in the areas of gambling”. He stated staff doesn’t have a problem giving them a statement along those lines.

Mr. McMillan stated this is a resolution put on record that confirms the intent of the Board. He stated he believes the City of Oviedo is going to jump in supporting the County on this litigation.

Mr. Grace stated the second thing the City of Casselberry is asking for is that the County involve the cities in implementing ordinances for the Charter amendment. He stated staff feels that is a good idea. There are a lot of details that need to be worked out relative to how the County’s approval in the land use process will occur.

Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-212, as shown on page ________, relative to the implementing ordinances for the Charter Amendment.

Under discussion, Commissioner Morris recommended amending the motion to include “Whereas the Board wishes to reiterate their position”.

Mr. McMillan stated he feels that is indicated in Section 1 and Section 2.

Vice Chairman Maloy recommended including that in the resolution. Commissioner Henley had no objections including that.

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

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Mr. Grace stated staff estimated that $12 to $15 million of expenses would be incurred from the hurricanes, but now it looks more like $5 million. He stated he feels that the hiring freeze is unnecessary and should be lifted, but he believes the budget freeze should stay in place.

Upon inquiry by Commissioner Henley, Mr. Grace advised he is referring to all the positions that were approved in the budget. He stated he feels the Board needs to keep the budget freeze in place. There is still about $11 million in the budget freeze; and staff will bring that back at the next meeting with a detailed breakdown and funding plan.

Commissioner Henley stated he supports moving forward with the existing positions.

Mr. Grace stated he is planning on lifting the freeze effective tomorrow.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize lifting the hiring freeze.

Districts 1, 2, and 4 voted AYE.

Commissioner Henley voted NAY.

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Mr. Grace stated the City of Winter Springs is sponsoring the Winter Springs Holiday Festival scheduled on November 20, 2004 at 7:30 p.m. at Central Winds Park. He stated he would recommend that the Board provide the money to the City.

Commissioner Morris stated he would be happy to support the funding if they personally request it themselves.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve expenditure in the amount of $5,000 for the Winter Springs Holiday Festival to be held on November 20, 2004, subject to the City coming to the Board personally requesting the funding.

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

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Written Comment Form from John Casselberry relating to information relevant to the recent election voting procedure was received and filed.

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The Vice Chairman recessed the meeting at 4:48 p.m., reconvening at 7:05 p.m. with all Commissioners (with Commissioner Henley entering late) and all other Officials with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARING

APPEAL BOARD OF ADJUSTMENT/

JOSUE LLANOS

Proof of publication, as shown on page _______, calling for a public hearing to consider an appeal of the Board of Adjustment’s decision to deny the request for: (1) front yard setback variance from 35 feet to 20 feet; and (2) rear yard setback variance from 35 feet to 15 feet for a proposed home in the A-1 (Agriculture District) at 3453 Peace Valley Way in Longwood, Josue Llanos, received and filed.

Francisco Torregrosa, Planner, addressed the Board to state the applicant is requesting the variances to accommodate his proposed home. On October 4, 2004, the Board of Adjustment denied both requests based on the determination that the applicant had reasonable use of his property and he failed to demonstrate a hardship. Based upon the findings, staff is recommending the BCC uphold the Board of Adjustment and deny the requests for variances.

Upon inquiry by Commissioner Van Der Weide, Mr. Torregrosa showed a picture of the road that he said is actually an easement, and the subject Lots 18, 19 & 20.

Commissioner Maloy noted that in reviewing the minutes when the Board of Adjustment denied the requests, there was a motion to approve at first. He added that there was no discussion or reason given for the denial.

Commissioner Henley entered the meeting at this time.

Commissioner Morris noted that the applicant is asking now for additional variances on top of those originally granted in 1999.

Commissioner Van Der Weide described what else is located in the area of this site.

Josue Llanos, applicant, addressed the Board to state he is trying to accommodate his family and build a bigger house.

Upon inquiry by Chairman McLain, Mr. Llanos advised the house will be between 2,800 & 3,000 square feet. Chairman McLain said his letter (in the staff report) says 85’ x 90’ and that would be about 7,500 square feet; and he thinks the concern the Board has is that based on the size of the lot, this is too big of a house for the lot.

Commissioner Van Der Weide said that size is bigger than Mr. Llanos’ neighbors.

Chairman McLain explained to Mr. Llanos that he already has a variance to 35 feet that normally would be 50 feet. Mr. Llanos stated the last owner worked on that. He bought the property to accommodate a house 85’ by at least 96’ (copy of drawing was received and filed). Whereupon, Chairman McLain advised he could go with a full two-story house and get all that square footage.

Mr. Llanos said the lot is 210’ x 120’ and he wants to put the house in the center of the lot. He acknowledged to Chairman McLain that it is the depth he is concerned about.

Commissioner Van Der Weide noted that Mr. Llanos has three lots put together.

No one else spoke in support or in opposition.

Commissioner Van Der Weide stated he traveled down this road yesterday and he is very familiar with the area. He said the footprint seems to be way too much for that lot.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to uphold the Board of Adjustment’s decision to deny the request for: (1) front yard setback variance from 35 feet to 20 feet; and (2) rear yard setback variance from 35 feet to 15 feet for a proposed home in the A-1 (Agriculture District) at 3453 Peace Valley Way in Longwood; as described in the proof of publication, Josue Llanos; Decision on Appeal, as shown on page _______.

Under discussion, Commissioner Morris said he thinks the house would easily sit on the lot without any setbacks. He said maybe there is some confusion on the applicant’s part and he asked if the Planning staff could work with Mr. Llanos to revise his plan. He said the diagram indicates 4,697 square feet under air.

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

COUNTY MANAGER’S REPORT, Continued

Mr. Grace said, as followup to the Juvenile Justice situation, that the State passed on $1.6 million to the counties. Seminole County and about 37 others have not paid at this point. One of the alternatives is for the State to take some of the County’s revenue sharing funds. There was a hearing today, but the judge has not ruled yet.

Mr. McMillan stated he received a FAC alert that there was a two-hour hearing today. The judge indicated he expects to have a ruling in about a week or so. The State has sent countywide, return receipt letters to County Administrators that have not paid and indicated they will resort to holding other revenues. FAC is recommending those other 39 counties that have not paid to invoke a “120” hearing on the withholding of that money. He’s asking if the Board wants staff to file for the “120” hearing or just go ahead and pay the money. He said hopefully they will get a ruling from the judge very shortly. There will probably be some appeals.

Mr. Grace advised there are 20 counties that don’t have to pay. Seminole County has received three invoices of $174,000 each. He pointed out that this amount is higher than what he was previously told.

Chairman McLain said he suggests the County protect their interest by filing for the “120” hearing.

Mr. McMillan advised Mr. Grace has not received the letter yet, but he has 21 days after receiving it to respond.

Motion by Commissioner Morris, seconded by Commissioner Henley, that upon notification of the said notice to Mr. Grace, the Board authorizes the County Attorney to file for the “120” hearing.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:21 p.m., this same date.

ATTEST: _____________________Clerk _____________________Chairman

slm/er/cc

COUNTY MANAGER’S CONSENT AGENDA

Administrative Services

Support Services

Environmental Services

Business Office

6. Approve and authorize Chairman to execute the Wholesale Water Service Capacity Agreement, as shown on page _______, with the City of Oviedo and Seminole County to provide potable water service to the Black Hammock Community.

Fiscal Services

Budget

Grants Administration

MSBU

Purchasing

Library & Leisure Services

Parks & Recreation

29. Approve and authorize Chairman to execute the Agreement, as shown on page _______, with the Orlando Utilities Commission permitting access to Red Bug Lake for environmental monitoring.

Planning & Development

Community Resources

Development Review

Public Safety

Emergency Management

Public Works

Engineering

35. Adopt appropriate Resolution #2004-R-206, as shown on page _______, accepting Warranty Deed, as shown on page _______, from Stratford Homes, Inc. to Seminole County for property necessary to improve the public access to the Seminole Wekiva Trail.

Roads Operations/Stormwater

COUNTY ATTORNEY’S CONSENT AGENDA

Litigation

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk’s Office

Sheriff’s Office

REGULAR AGENDA

COUNTY MANAGER’S BRIEFING

PROOFS OF PUBLICATION

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

PUBLIC HEARINGS

RESOLUTION/REBUDGET FUNDS

REZONE/Sony Sutherland

VACATE AND ABANDON/Meredith Pickens

PUD MAJOR AMENDMENT/Bobby Luthra/BLR Investments

HEATHROW IBC PUD AMENDMENT

CHAIRMAN’S REPORT

DISTRICT COMMISSIONERS’ REPORT

COMMUNICATIONS AND/OR REPORTS

COUNTY MANAGER’S REPORT

PUBLIC HEARING

APPEAL BOARD OF ADJUSTMENT/

JOSUE LLANOS

COUNTY MANAGER’S REPORT, Continued

Purchas ing

35. Adopt appropriate Resolution #2004-R-206, as shown on page _, accepting Warranty Deed, as shown on page _, from Stratford Homes, Inc. to Seminole County for property necessary to improve the public access to the Seminole Wekiva Trail.