recognition of Purchasing Month. He stated he and his staff accomplished two prestigious awards (Outstanding Agency Achievement and Achievement of Excellence and Procurement) and they are proud to be members of the public procurement community and to contribute to savings when it comes to government spending.

REGULAR AGENDA

Chairman McLain informed the Board that Items #46, Economic Incentives for Superchips, Inc. and #50, Supervisor of Elections Office, will be heard this afternoon (after 2:00 p.m.), as representatives of the Sanford Orlando Airport are having an emergency drill this morning and will not be able to attend until after lunch.

Commissioner Morris entered the meeting at this time.

COUNTY ATTORNEY’S REPORT

CONSENT AGENDA

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

Litigation

2. Approve proposed settlement relating to Parcel Numbers 135 and 735 of the Dodd Road road improvement project in the amount of $15,000.00, inclusive of land value, severance damage and statutory interest, Floyd property.

3. Approve proposed mediated settlement relating to Parcel Numbers 134, 734 and 834 of the Dodd Road road improvement project in the amount of $72,500.00, Floyd Trust property.

Property Acquisition

4. Approve and execute Agreement, as shown on page ________, for Extended Possession until April 30, 2003 of Parcel Number 111 of the Airport Boulevard Phase III road improvement project, located at 2704 Country Club Road, Sanford.

5. Adopt appropriate Resolution #2003-R-50, as shown on page _________, discharging any and all liens for taxes on the property identified by Tax I.D. #26-19-30-5AE-350A-0000. Property was acquired for uses associated with the Airport Boulevard Phase III road improvement project.

Districts 1, 2, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

Steve Lee, Deputy County Attorney, and Sally Sherman, Deputy County Manager, addressed the Board to present legislative issues relating to annexation proposal dealing with internal and external enclaves and regular annexations. He stated a telephone conference is scheduled for tomorrow morning (February 26, 2003) in which the representatives of the Florida Association of Counties will discuss issues that are still open. The most important one the County has identified is the leverage or bargaining power that will be given to cause the counties to come to the bargaining table in good faith. There are several proposals floating out there which involves restrictions on the counties’ ability to deal with land use changes and the ability to use some revenue for the following fiscal year in the event the counties do not negotiate in good faith. He stated Mr. Grace has established a group to review the whole issue of annexation and they have come up with two proposals, one is an issue where governing boards are required to go through a mediation process to assure they are dealing in good faith. The other issue is if negotiations failed to reach approval of an interlocal, the current annexation process would remain in place and available, but in order to go through the current annexation process you will have to go through the mediation process in order to ensure that no agreements could be reached. If the Board feels that these proposals make sense, staff will provide their comments and input during the conference tomorrow.

Upon inquiry by Commissioner Maloy, Mr. Lee advised the Florida Association of Counties and Florida League of Cities are attempting to negotiate something that is acceptable to both groups. He stated Senator Constantine indicated that if an agreement is reached, he will sponsor in getting the bill passed.

Kevin Grace, County Manager, addressed the Board to state the Legislature directed the cities and counties to come back with a proposal to deal with annexation. This issue is much bigger around the State than it is in Seminole County. The Legislature is trying to get both entities to try to come up with a fair solution.

Commissioner Maloy stated he feels the cities created the enclaves when they annexed around them. It is ironic that you annex around it and they come back to complain that there are enclaves when they created it.

Mr. Grace stated external enclave is an issue that concerns staff because when you look at the urban service area, the majority of the unincorporated area and urban service area could be construed to be an external enclave, which is surrounded by more than one city.

Commissioner Maloy stated he feels that property owners should be able to give their input, as they are the one that can be impacted depending on the value of their homes. He said he feels the County should review the concept of the cities de-annexing areas as well.

Mr. Grace stated the city is the only one that can de-annex.

Commissioner Maloy stated he supports the concept of the County Attorney’s office. The Board voiced no objections.

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Mr. Lee referred to a letter (received and filed) sent to Mr. Harold Barley, MetroPlan, relating to Representative Johnson’s Lynx proposal. He stated there are four different issues. The first deals with a transition period, the second is an exit option, the third deals with a statement that nothing in the bill deals with the ability of the Expressway Authorities or the counties to build up or maintain roads, and the fourth deals with any changes to the governance of the entities.

Commissioner Morris stated the one thing that is important is for the County to monitor other governmental entities. He stated the County needs to see what their partners have said relating to this. The Board did have discussions dealing with the issue of the Legislation contemplating or not contemplating the expansion of the Authority. The local agency should not have to request a membership be increased geographically.

Chairman McLain stated he feels the Board will want to make sure that element is in the Legislation for geographic enlargement of the agency.

Mr. Lee suggested adding a power that would authorize the CFAST entity to increase its geographical size by Interlocal agreement. Commissioner Morris also suggested adding a power to increase membership by population.

Commissioner Morris stated the County should make it crystal clear that they are not referring to increasing membership within the current contemplated CFAST geographic area.

Sally Sherman, Deputy County Manager, addressed the Board to state it is her understanding that Representative Simmons is working on a bill dealing with the same issue and as soon as it is revised, they will forward it to staff and staff will submit that to the Board for their comments.

Chairman McLain stated this may be the time to discuss his and Commissioner Henley’s trip to Tallahassee. He stated he wanted to make sure that the Delegation was aware of their concerns relative to new expenses the County would be obligated to pay for without funding coming with it. He said he and Commissioner Henley also made their position very clear on the planning process and the reconstitution of the MetroPlan and their support of Representative Johnson’s bill.

Commissioner Henley stated he and Chairman McLain spent some time discussing issues relating to the emphasis of passing through costs to Seminole County and the possibility of having to increase taxes.

Chairman McLain stated he feels the message got across, as they were very frank in their discussions.

Mr. Lee stated there has been talk that Orange County may be reexamining their idea of taking over Lynx.

Commissioner Morris asked why couldn’t they go back to the original plan of not wanting to change it at all.

Upon inquiry by Commissioner Morris, Chairman McLain stated he has met with Representative Simmons and the Board will be getting a copy of his bill. He stated his bill will maintain a duel authority of mass transit and planning. He said his thoughts of reconstituting the board might be an issue that the Board may want to review as it takes appointees out. The Board will be hearing more on that in the near future.

Mr. Lee submitted a copy of a proposed bill (received and filed) relating to changes with the Community Redevelopment Act. The Statute regarding expansion or modifications to existing CRAs in Charter counties is unclear. A Polk County case says that the CRA does not require County approval to modify or change an existing CRA. He stated a lot of people in Leon County are upset about a proposed CRA extension in Tallahassee. Leon County is asking for Seminole County’s support of the bill that would make it clear that amendments or modifications to existing CRA’s and charter counties require County approval.

Upon inquiry by Commissioner Henley, Mr. Lee advised he doesn’t believe the County can change the existing CRA under the new legislation.

Mr. Grace stated he doesn’t believe it grants anyone unilateral decision-making authority, but it makes sure that both the City and County would have to agree. The consensus of the Board was to support that concept.

COUNTY MANAGER’S REPORT

CONSENT AGENDA

Chairman McLain advised that Item #22, Accept Certificate of Completion for FC-1176-02, has been withdrawn.

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

County Manager

6. Adopt appropriate Resolution #2003-R-51, as shown on page _________, amending the Seminole County Administrative Code to incorporate the Economic Development Department and modify the Planning and Development Department structure.

7. Approve the Central Florida Area Workforce Investment Consortium Interlocal Agreement, as shown on page _________, between Lake County, Orange County, Seminole County, Sumter County and the Central Florida Regional Workforce Development Board, Inc.; and due to deadline restraints, ratify the execution of Agreement by the Chairman.

Economic Development

8. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Seminole Community College (SCC) and proceed with disbursing the 2002-03 payment to SCC in the amount of $100,000, as stipulated in the Economic Development program budget for services provided through the Central Florida Business Incubation Center and the Seminole Technology Business Incubation Center.

Environmental Services

Billing Office

9. Authorization to file suit against Kimmins Corporation of Tampa for the return of funds paid in error, attorney’s fees and costs allowed by law and other appropriate remedies.

Business Office

10. Authorize release of the following Maintenance Agreements: (1) Letter of Credit #8026057623-055 (Remark Development) in the amount of $40,606.70 for water and sewer within The Cove Phase 1 f/k/a Chase Properties project; and (2) Letter of Credit #8027667727-55 (Remark Development) in the amount of $11,166.40 for water and sewer within The Cove Phase 1 f/k/a Chase Properties project.

11. Authorize release of the following Maintenance Bonds: (1) #208398 (Taylor Woodrow) in the amount of $6,556.00 for water and sewer within the Alaqua Lakes Phase 5 project; (2) #256038 (Taylor Woodrow) in the amount of $11,951.00 for water and sewer within the Alaqua Lakes Phase 6 project; (3) #5977531-1 (Centex Homes) in the amount of $406,094.00 for water and sewer within the Magnolia Plantation Phase 1 project; (4) #5977531-4 (Centex Homes) in the amount of $18,553.00 for water and sewer within the Magnolia Plantation Phase 2 project; and (5) #5977531-6 (Centex Homes) in the amount of $3,702.00 for water and sewer within the Magnolia Plantation Phase 6 a/k/a Estates of Magnolia Plantation project.

Fiscal Services

Budget

12. BCR 03-30 – $50,000 – Public Works – Stormwater – Fund: 11541 – 2001 Renewed Sales Tax fund. The previously constructed extension of Snowhill Road is contributing stormwater flows into the drainage system along Willingham Road. The outfall for the drainage system along Willingham Road is insufficient, and continued flooding will adversely affect property owners. A transfer of funds from the 2001 Renewed Sales Tax reserves will allow design and permitting of a new outfall to occur in the current fiscal year. Construction can then begin in FY 03/04.

13. BCR 03-32 – $250,000 – Public Works – Road Operations/Stormwater – Fund: 13000 – Stormwater fund. An accounting adjustment is needed to consolidate St. Johns River Water Management District funding for the Little Econlockhatchee/Crane Strand into one project.

14. BCR 03-34 – $96,500 – Environmental Services – Solid Waste – Fund: 40201 – Solid Waste Fund. Additional funds are needed to pay for SW Osceola Road Landfill building construction contract due to emergency generator costs, slip resistant floor costs, permitting and review costs, fire tank retrofit costs, two hour fire rated wall costs, county and non-county staff occupancy requirements costs and higher wind load related costs.

15. Adopt appropriate Budget Amendment Resolution #2003-R-52, as shown on page ________, $300,000 – Public Works: 13000 – Stormwater. Based on the Fourth Amendment to the Agreement between Seminole County and SJWRMD (Contract # 99W232, Amendment #4), approved by the Board of County Commissioners on February 11, 2003, SJRWMD will reimburse the County $300,000 for the Little Wekiva River Watershed Management Plan-Northwestern Ave., Horselovers Lane Projects.

16. Adopt appropriate Budget Amendment Resolution #2003-R-53, as shown on page ________, $250,000 – Public Works: 13000 – Stormwater. Based on the Third Amendment to the Agreement between Seminole County and SJRWMD (Contract # SD641AA, Amendment #3), approved by the Board of County Commissioners on February 11, 2003, SJRWMD will reimburse the County an additional $250,000 for the Little Econlockhatchee River-Crane Strand System Retrofit Project.

17. Adopt appropriate Budget Amendment Resolution #2003-R-54, as shown on page ________, $405,000 – Planning & Development: Home Program Grant fund. These funds were originally expended from the Home Program Grant for the Florida Community Capital Corporation (FCCP). Subsequently, staff has determined that the scope of the FCCP is more compatible with the guidelines of the SHIP program. Consequently, this expenditure has been re-designated to the Ship program. As the Home Program Grant funds were originally established in FY 01/02, accounting procedures require these funds to be reestablished in FY 02/03. These funds will be utilized for programs approved by the Board of County Commissioners on September 10, 2002.

18. Adopt appropriate Budget Amendment Resolution #2003-R-55, as shown on page ________, $5,968 – Planning & Development: 11902 – Home Program Grant. These funds were to be expended from the FY 97/98 Home Program Grant in FY 01/02; however, the invoice for the encumbrance was not posted until FY 02/03 and the funds were not rebudgeted. As a result, these funds need to be re-established in the FY 97/98 Home Program Grant for FY 02/03 to complete the expenditure process.

Purchas ing

19. Award CC-1195-02/BJC, as shown on page ________, Osceola Road Landfill Maintenance Building and Roadway Improvements, to GCI/General Constructors, Inc., Altamonte Springs, ($1,060,967.00).

20. Award CC-1200-02/BJC, as shown on page ________, Northwest Avenue Erosion and Sedimentation Control Project, to Schuller Contractors, Inc., Orlando ($764,000.00).

21. Approve Change Order #6, as shown on page ________, to FC-1142-00/BJC – County Road 427, Phases V and VI, with Bergeron Land Development, Kissimmee ($43,515.95) (Time Extension).

22. Withdrawal of request to accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for FC-1176-02/BJC – Central Transfer Station HVAC Renovations, to Air Mechanical & Service Corporation, Orlando.

23. Approve ranking list for PS-5133-02/BJC, Professional Services for Parcel Sketch Services for Property Acquisition, authorize negotiations and award Agreement, as shown on page ________, to Professional Engineering Consultants (Not-to-Exceed $200,000.00).

24. Approve Amendment #1, as shown on page ________, to PS-528-98/BJC – Construction Engineering and Inspection Services for C.R. 427 – Phases V and VI, with URS Corporation, Orlando ($148,660.90).

25. Approve Second (Final) Renewal to PS-583-01/BJC – Continuing Agreement for Professional Landscape Architecture and Irrigation Design Services, with Herbert Halback, Inc., Orlando and David Wickham & Associates, Inc., Lake Mary (April 26, 2003 through April 25, 2004) (Not-to-Exceed $60,000.00).

26. Approve Amendment #11, as shown on page _________, to PS-332-96/BJC - Engineering Services for Lake Emma Road, with Bowyer-Singleton & Associates, Inc., Orlando (Time Extension).

27. Approve Amendment #2, as shown on page ________, to RFP-484-00/BJC – Consultant Services Agreement for Management of the Seminole County’s Road, Stormwater and Traffic Facility Systems, with LA Associates Consulting, Inc., El Segundo, CA ($237,259.00).

28. Approve Changes to Agreement, as shown on page ________, for RFP-4145-02/BJC – Bus/Transit Shelter design, fabrication, installation, operation, repair and maintenance and advertisement for Seminole County, with Culvert Amherst, New York (Changes to standard contract language).

29. Approve Amendment #1, as shown on page ________, to RFP-4171-02/BJC – Wide Area Network Managed Optical Services Agreement, with Siemens Information and Communication Networks, Inc., Orlando ($155,501.00) (Time Extension).

30. Approve First Renewal to AB-3009-01/GG – Demolition and Boarding up of Structures, with Global Demolition & Recycling, Inc, Orlando (Primary), and H. B. Walker, Inc., Orlando (Secondary) and establish a Not-To-Exceed amount of $320,000.00 per year for the three (3) one-year renewal options.

31. Approve Amendment #2 to A/B-378-99/GG for Annual Bid Agreement for Hot & Cold Asphaltic Concrete with Orlando Paving Company, Orlando (12-month Time Extension for $3,828,646.00).

32. Award IFB-3062-02/GMG, as shown on page _______, Term Contract for Rental of Heavy Equipment with Operators on a Lot-by-Lot basis (Multiple Awards) ($33,552.00 per year on Lot 2) ($40,000.00 per year on Lot 3) ($9,400.00 per year on Lot 4) ($13,000.00 on Lot 5). (Total Award of $95,952.00 per year).

Information Technologies

Telecommunications

33. Approve and authorize Chairman to execute Shared Public Service Radio Communications Interlocal Agreement, as shown on page ________.

Library & Leisure Services

Library Services

34. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _______, for Reciprocal Borrowing between Lake County Library System and Seminole County.

Planning & Development

Community Resources

35. Approve and authorize Chairman to execute three Satisfactions of Second Mortgages – Early Release, as shown on page ________, for Jefferson E. & Maria C. Juri, James L. & Michelle M. Lajoie, and Julio C. & Yolanda Coria, for households assisted under the SHIP Program’s Home Ownership Assistance Program.

36. Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page ________, for Gordon L. & Shelly L. Deans, for a household assisted under the SHIP Program’s Home Ownership Assistance Program.

Public Works

Engineering

37. Adopt appropriate Resolution #2003-R-56, as shown on page _, accepting a Quit Claim Deed, as shown on page _, from Roger M. Young and Linda Young to Seminole County for property necessary for roadway improvements to Orange Ave.

Tourism Development

38. Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and the Central Florida Sports Commission, Inc., for three years in the amount of $95,500 per year.

39. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and World Sports and Marketing, LLC for the 2003 US Pro Wakeboard Tour in the amount of $10,000.

Districts 1, 2, 4 and 5 voted AYE.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

CLERK’S OFFICE

A. Expenditure Approval Lists, as shown on page _________, dated February 4 & 11, 2003; and Payroll Approval List, as shown on page ________, dated January 30, 2003.

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

Selma C. Johnson, Case #98-3797-CFA - $278

Tony Lamar Shipp, Case #00-2993-CFA - $4.75

Michelle Thatcher, Case #01-3366-CFA - $368 and Application of Indigency Fee

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

Edward Addison, Case #01005000CFA - $100

Pamela L. Barr, Case #02005332MM - $200

Julio Bravo-Ramirez, Case #02000606CFA - $200

Janie M. Brown, Case #02000343CFA - $100

David P. Brutout, Jr., Case #99005089MM - $100

Mark Randall Corley, Case #91012110MM - $100

Elizer Danzy, Case #01000776CFA - $100

Carrie Beth Everett, Case #96000459CFA - $400

Alfred J. Freeman, Case #01002107CFA - $100

Norman Griffin, Case #97001446CFA - $300

Thomas A. Hendrickson, Case #02002314CFA - $100

Megan Marie Jackson, Case #02000199CFA - $100

Larry David Jones, Case #01012929MM - $260

Wellington D. Liranzo, III, Case #02002836CFA - $100

Michael G. Lopez, Case #02003023CFA - $100

Leslie S. McCain, Case #02000198CFA - $100

Omid K. Moradian, Case #00003454CFA - $100

Marie Ann Moyers, Case #01003531MM - $50

David A. Remsen, Case #02000067CFB - $100

Maryl (J.R.) Rusch, Case #95001437CJA - $200

Arturo Mendez Sanchez, Case #02010329MM - $200

Sabrina Smallwood, Case #02000432CFA - $100

Richard Palcowski Vincent, Case #02009540MM - $260

Dennis L. Wells, Case #99003546CFA - $200

Harry A. Wilson, Case #02009094MM - $100

Koren J. Zile, Case #02000764CFA - $100

D. Chairman to execute Satisfaction of Judgment/Bail Bond Lien for Keyunta Katrice Parker & Lexington National Ins. Corp. - $538.

E. Approval of BCC Official Minutes dated January 28, 2003.

Districts 1, 2, 4 and 5 voted AYE.

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

1. Revised Notice of Commission Hearing to Florida Digital Network, Inc., BellSouth Telecommunications, Inc., Time Warner Telecom of Florida, L.P., US Lec of Florida, Inc., XO Florida, Inc. and All Other Interested Persons relating to Docket Nos. 020119-TP, 020578-TP and 021252-TP.

2. Memoranda to BCC from Kevin Grace, County Manager, re: Capital Project Fund Transfers for Natural Lands in the amount of $20,000 and $20,500.

3. Letter to Travis Taylor, CSX Transportation, from E.D. Cabarga, Florida Department of Transportation, re: SR 46 E. 25^th Street.

4. Letter and Bill of Sale, as shown on page _________, accepting water and sewer for the project known as Alaqua Lakes Phase 7.

5. Development Order #2-32000019, as shown on page _________, Barbara Brannon, for the project known as Lake Mary Daycare Special Exception.

6. Special Warranty Deed, as shown on page ________, for Northland Community Church, Inc. for the Lake Drive project.

7. Performance Bond #6187344, as shown on page _________, in the amount of $135,046 for the project known as Osprey Lakes, Phase 2 & 3.

8. Development Order #02-5500049, as shown on page __________, Ellis & Helene Schauder for the project known as Schauder Residence Minor Plat.

9. Covenant to Comply with Center for Affordable Housing, as shown on page __________, as approved by the BCC on September 11, 2001.

10. Memorandum from Shirley Berrie, County Attorney’s Office, submitting the following documents, as shown on page _________, First American Title Insurance Company Policies #FA-35-803167 and FA-35-803165, Quit-Claim Deed for Walter Bradley, Darlene Bradley Sawyer, Armazene Bradley, Jerome Bradley, and Veronica Bradley-Brown, Warranty Deeds for Barbara Ann Jackson, Deroyal Industries, Inc., and Thomas Ball, III, First American Title Insurance Company Policies #FA-35-803163 and FA-35803164, and Temporary Construction Easement for the project known as Airport Blvd. Phase III; Warranty Deed, Temporary Construction Easement, Permanent Drainage Easement for Miriam Louis Martin for the project known as Chapman Road; First American Title Insurance Company Policies #FA-35-803125, FA-35-803166, FA-35-803167, FA-35-803128 and FA-35-803126 for the project known as Lake Emma Road; First American Title Insurance Company Policies #FA-35-803127 and FA-35-828887, Warranty Deed for Ronald & Anita Raike for the project known as Wymore Road; and General Release Inverse Claim for Jason & Jennifer Rucker.

11. Memorandum from Shirley Berrie, County Attorney’s Office, submitting the following documents, as shown on page _________, First American Title Insurance Company Policies #FA-35-828918, FA-35-828917, FA-35-828923, FA-35-828919, FA-35-828920, FA-35-828921 and FA-35-828922 for the project known as Airport Blvd., Phase III; First American Title Insurance Company Policy #FA-35-828915 for the project known as 46A, Phase III; First American Title Insurance Company Policy #FA-35-828924 for the project known as Wymore Road; and First American Title Insurance Company Policy #FA-35-828916 for the project known as Lake Emma Road.

12. Conditional Utility Agreement, as shown on page _________, for water service with James A. & James M. Hattaway for the project known as Big Tree Crossing Lot 14; and Conditional Utility Agreements, as shown on page ________, for water and sewer service with Maronda Homes for the project known as Maronda Systems Ph. 1.

13. CC-1199-02 Agreement, as shown on page ________, with Sunshine Building & Development Corp.

14. First Amendment, as shown on page _________, to Work Order #1 to PS-527-98.

15. Strand Fiber Optic Cable Installation Agreement RFP-4179-02, as shown on page _________, with Harris-McBurney Company.

16. Work Orders #52 and #55, as shown on page _________, to FC-1139-00

17. Work Order #14, as shown on page _________, to PS-574-00.

18. First Amendment, as shown on page ________, to Work Order #3 to PS-568-00.

19. Work Order #39, as shown on page _________, to PS-590-01.

20. First Amendment, as shown on page _________, to Work Order #23 to PS-590-01.

21. Twenty-fourth Amendment, as shown on page _________, to RFP-413-97.

22. Work Order #5, as shown on page _________, to PS-5116-02.

23. Work Order #7, as shown on page _________, to RFP-4109-01.

24. Work Order #7, as shown on page ________, to PS-585-01.

25. Work Order #2, as shown on page _________, to PS-5124-02.

26. M-355-03 Engineering Services Agreement, as shown on page __________, with Reiss Environmental, Inc.

27. Bids as follows: PS-5134-03, IFB-3066-03 and RFP-4178-02, as shown on page _________.

REGULAR AGENDA

Chairman McLain advised that Item #46, Approval of Jobs Growth Incentive Economic Development Agreement with Superchips, Inc. in the amount of $12,000 has been continued to the 1:30 meeting.

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Debbie Leigh, Code Enforcement, addressed the Board to present request to rescind the Code Enforcement Board Lien Case #99-41A-CEB, in the amount of $10,500; and to reduce Case #99-61A-CEB in the amount of $42,750, on property located at 825 Nocturne Drive, Lake Mills Shores, Chuluota. She reviewed the background of the two cases relative to a garage being constructed without a permit as well as junk vehicles and an auto body shop operation and inoperative vehicles. She informed the Board of an error in the back-up under staff’s recommendation. She stated the total amount should be $53,250. Based on the severity of the case and nuisance created, staff is requesting that the lien not be reduced any more than 10% of the total amount.

Upon inquiry by Commissioner Maloy, Ms. Leigh advised notice of hearings were sent certified mail to Mr. Craig. She stated on one occasion, Mr. Craig signed for a hearing notice and Dee Maple signed an additional certified mail of a repeat violation. Copies of the liens are not sent by certified mail.

Mark Craig addressed the Board to state it took him a lot longer to build his garage than it was supposed to and he renewed his permit several times over the last 6 months. The only notice of hearing he received was in August 2000 and by then the fine was levied against his property. He stated he feels he was not properly notified and the fine almost equals the assessed value of his home. He added he is in the middle of foreclosure and is trying to sell his property.

Commissioner Maloy stated staff is recommending a reduction because a heavy fine has incurred.

Mr. Craig stated if he was properly notified, he would have tried to straightened this out sooner.

Ms. Leigh stated the notice of hearing in 1999 was sent certified mail and was signed and received by Mr. Craig and he elected not to attend the hearing. The Findings of Fact and Conclusion of Law and Order presented to the CEB on the May 27, 1999 was also sent to Mr. Craig, but it was not sent certified. The Compliance Affidavit was sent to him by regular mail, and the only thing that was returned to the Code Enforcement office was the notice of hearing for August 24, 2000. The property was posted with a public of notice hearing on August 14, 2000. The notices of hearing on the auto repair and garage operation were filed and received by Mr. Craig on August 10, 1999 and he decided not to attend that hearing. The Findings of Fact and Conclusion of Law were not required to be sent by certified mail. The case came back as a repeat, and the notices of hearing were sent certified mail and they came back unclaimed. The property was posted at that time.

Upon inquiry by Commissioner Morris, Robert McMillan, County Attorney, addressed the Board to state he believes the County’s position is the Code Enforcement liens stands as a tax lien. The County treats it as equal to a judgment lien and a tax lien. The County, at times, does collect liens through foreclosure actions.

Upon inquiry by Chairman McLain, Mr. McMillan advised on this particular case, he could find out if the County has been notified of any foreclosure on this property.

Upon inquiry by Commissioner Maloy, Ms. Leigh advised Mr. Craig was fined for building a garage without a permit. Discussion ensued.

Upon further inquiry by Commissioner Maloy, Ms. Leigh advised the County filed an Affidavit of Repeat Violation on the operation of the auto repair business and he did not come into compliance with Case #99-61A-CEB until 1/9/2003. However, he is in compliance at this time.

Mr. Craig stated the original permit was issued in 1997 before the construction of the garage.

District Commissioner Maloy stated based on what he has heard, he feels there has been an issue of ongoing cars and ongoing violations. That is a bigger issue than the garage that is now in compliance.

Motion by Commissioner Maloy, seconded by Commissioner Morris to rescind the Code Enforcement Board Lien Case No. 99-41A-CEB, in the amount of $10,500; and reducing the Code Enforcement Board Lien Case No. 99-61A-CEB by 10% to $4,275, Mark S. Craig, on property located at 825 Nocturne Drive, Lake Mills Shores, Chuluota, due to the hardship.

Districts 1, 2, 4 and 5 voted AYE.

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Ms. Leigh presented request to waive Code Enforcement Board lien in the amount of $25,400, Thomas E. & Edith Ray. She stated the property has come into compliance on November 25, 2002 and staff is recommending, that due to the death of one owner of the property, to reduce the lien to $285.94, the amount of the cost of processing the case.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve request to reduce Code Enforcement Board Lien to the amount of $285.94, Thomas E. & Edith Ray, on property located at 132 Lake Shore Drive, Altamonte Springs, Case #02-28-CEB.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize Chairman to execute the Satisfaction of Lien, as shown on page ________, for Case #02-28-CEB, Thomas E. & Edith Ray.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide entered the meeting at this time.

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Jean Abi-Aoun, Development Review, addressed the Board to present request to approve the proposed Landscaping/Buffering Plan for the Club II Borrow Pit. He stated on January 28, 2003, the Board approved a one-year extension and the two main concerns the citizens had at that meeting was the noise of the ongoing operation and dust coming onto their property. He said the Board directed staff to look at a buffering plan and to address the issues the residents raised. Staff has worked with the applicant, Bishop and Buttrey, who have revised their plan. He discussed how they came up with the plan and he displayed and reviewed photographs of the existing buffer (heavy vegetation) along Brisson Avenue. The applicant has proposed an equal mix of trees (Live/Laurel Oaks/Pines) along the vegetative buffer to be planted at a density of 20 ft. on center. These trees will be clustered along the gaps and they will be 10 ft. tall at planting. About 135 shrubs will be planted to create an underbrush hedge as well. An equal base of tree saplings will also be planted at 20 ft. on center. Mulch will be placed from the top of the bank to the property line along Brisson Ave. The same scenario will apply along the entire perimeter of Rosalind Park. They will cluster the planting around the existing vegetation to provide a buffer. An irrigation plan will consist of on-site water trucks and a temporary irrigation system tied to the dewatering pumps. Staff has looked at fencing for other borrow pits and a 4 ft. hot wire with a 2 ft. stranded barbed wire, totaling 6 ft., was approved. Staff is recommending a 6 ft. chain link fence along Brisson Avenue and Rosalind Park.

Upon inquiry by Commissioner Henley, Mr. Abi-Aoun advised the extension of the borrow pit was approved by the Board.

Emory Green addressed the Board to state the residents are not in agreement to what is being proposed. He stated when this plan was originally approved, the residents were told that the landscaping would look like a park.

Chairman McLain stated the landscaping for the reclamation plan will be different than what is being discussed today.

Mr. Abi-Aoun advised this is the first step right now and it is not a full-blown reclamation plan, and the applicant will have to come back with a finalized plan.

Upon inquiry by Mr. Green, Chairman McLain advised Rosalind Park and Brisson will be addressed relative to the additional landscaping.

Upon inquiry by Commissioner Morris, Chairman McLain advised once the full restoration process is addressed, that fence will come down.

Whereupon, Mr. Abi-Aoun advised staff feels that fence is something the residents wanted permanently.

Mr. Green stated the residents asked for a fence that would look nice. He stated the residents were told that it would be a chain-link fence.

Ed Chesney, representing Bishop & Buttrey, addressed the Board to state he has been working with staff on a reclamation plan and they have committed to accelerating that plan. He stated he has committed to placing the fence along Brisson Avenue and staff has recommended that Rosalind Park be fenced as well. The area to be fenced along Rosalind Park is about 2100 ft. He said it would be problematic to give the residents a fence during construction. The heavy brush in that area will have to be removed in order to install the fence. A hog-wire fence is presently there and it has been there for so long that you cannot see it.

Chairman McLain stated the County is looking for a security fence that will deal with the issue of young people not having easy access to this borrow pit. He stated he doesn’t think this Board wants to take down the natural buffer. The applicant and the County needs to come up with a solution whether the fence should be behind or in front of that buffer.

Upon inquiry by Chairman McLain, Mr. Chesney advised the reclamation plan only dealt with plantings, not fencing. The landowner has the responsibility to deal with the fencing. He stated the only thing he does not agree with in the staff’s recommendation is the fencing plan has more than doubled.

Mr. Abi-Aoun stated it was staff’s understanding that the applicant will have to buffer and place a fence along Brisson Avenue and Rosalind Park.

Commissioner Morris stated he would recommend running behind the buffer and installing a vinyl-coated chain-link fence up where it is visible.

Commissioner Henley stated the residents in the area have been subjected to this for a long time and it concerns him that they want to move out additional dirt and they are not ready to compensate to make the situation better.

Chairman McLain stated the applicant indicated that if the commitment on the landscaping plan is not financially feasible, they might not move forward with the pit.

Mr. Abi-Aoun stated if the applicant chooses not to proceed with the one-year extension, they will have to complete the entire reclamation plan. Discussion ensued.

District Commissioner McLain recommended moving forward with staff’s recommendations.

Motion by Commissioner Henley, seconded by Commissioner Morris to approve the proposed landscaping/buffering plan with its associated irrigation plan for the Club II Borrow Pit along Brisson Avenue and along the northwest corner adjacent to the Rosalind Park residential neighborhood for the site located at the northwest corner of Brisson Avenue and SR 46 (Bishop & Buttrey), with staff’s recommendations.

Under discussion, Commissioner Morris asked if the chain-link fence could be vinyl coated in the area where it would be visible.

Chairman McLain stated a landscaping buffer will be there and they will include a build up. With a landscape buffering and a fence behind that, it is not an issue if it is a chain-link or vinyl fence.

Upon inquiry by Commissioner Morris, Chairman McLain recommended that the fence stand behind the buffer area.

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

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The Chairman recessed the meeting at 10:45 a.m., reconvening at 11:00 a.m.

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Kim Patterson, Information Services Manager, addressed the Board to present request to authorize a pilot program in the Water and Sewer Billing Division to accept Electronic Payments. She stated staff has been working with the Clerk’s Office and have determined that the Water & Sewer Billing Division is the best division to start the program. She said staff is requesting that this program start and be reviewed in six months. A fee of $3.00 will be implemented for the convenience of using this service.

Maryanne Morse, Clerk of Circuit Court, addressed the Board to present a PowerPoint presentation of the Electronic Payments program. She stated this concept is identical to the Clerk’s program for the Traffic Division. She reviewed the presentation relating to a Basic Disclaimer that will be placed on the new system and the Payments. She reviewed how the system would work and she advised that two major credit cards (Visa and MasterCard) would only be accepted.

Commissioner Morris recommended using an e-mail verification of a payment received.

Upon inquiry by Commissioner Maloy, Ms. Morse advised the fee for using this method of payment is based on the dollar amount of the transaction. She stated an average bill is about $62 a month and the average dollar amount that the County would be charged is a little over $2.00. If an individual uses a credit card not issued to an individual, such as a corporate card, purchasing card, a travel entertainment card, etc., the charge to the County would go from the emerging market rate of .05 to 1.92. She explained how they came up with the $3.00 fee.

Upon further inquiry by Commissioner Maloy, Ms. Patterson advised staff is not sure what impact this will have on staff’s time.

Upon inquiry by Commissioner Morris, Ms. Morse advised a bank charge would be applied on the electronic checks.

Commissioner Henley stated he doesn’t want the County to come up with a win fall as a result of putting this program in. He stated he would hope, as they become more efficient with this, that this is not going in for the purpose of raising revenues for the County.

Upon inquiry by Commissioner Morris, Ms. Patterson advised staff will be working with the Clerk’s office in getting the approval process in place. She stated staff is optimistic in getting this off the ground in eight weeks.

Ms. Morse stated the only thing that needs to be done is to sign a contract in getting the County a merchant number. She stated it is up to the County to create a display for the internet.

Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize a pilot program in the Water and Sewer Billing Division to accept Electronic Payments.

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

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Request to authorize staff to negotiate a new lease for the Supervisor of Elections with the Orlando/Sanford Airport Authority was continued until after the 1:30 p.m. public hearings.

COUNTY MANAGER’S BRIEFING

2003 TRANSPORTATION PROGRAM UPDATE

Jerry McCollum, County Engineer, addressed the Board to display a PowerPoint presentation of the County’s current transportation program and the major projects. He reviewed the four areas of the Sales Tax Program relating to 1991 Sales Tax, 2001 Sales Tax, Impact Fees, and Legislative issues. He reviewed the following four projects of the 1991 Sales Tax: Howell Branch Road, Chapman Road, Bunnell Road and Lake Emma Road.

Upon inquiry by Commissioner Henley, Mr. McCollum advised he can check and see if there was anything in the purchase agreement that deals with payment of using buildings on Howell Branch Road for a long period of time.

Mr. McCollum continued by reviewing the recommendations for Chapman Road, as well as the advantages of Bunnell Road, and the recommendations for Lake Emma Road. He reviewed the recommendations for the 2001 Sales Tax Program relating to State Road Projects (FDOT Responsibilities); State Road Projects (County Responsibilities); and the Potential Advanced Project.

At the request of Commissioner Morris, Mr. McCollum discussed the timing of SR 436 and Red Bug Lake Road interchange versus the 17-92 and SR 436 interchange.

Mr. McCollum reviewed the Impact Fee Transportation Program relating to Committed Projects, Budgeting, Future Programs, Potential Projects (Airport Blvd./Bevier Road and Commuter Rail) and Other Uses relating to needs from the Comprehensive Plan and Potential Feasibility Studies. He reviewed the State of Florida Legislative Requests relating to SR 434 & I-4 interchange reconstruction, SR 46 & I-4 interchange reconstruction, SR 46 expansion and SR 415 expansion. He concluded by reviewing Federal Requests with regard to US Hwy. 17-92 & SR 436 interchange, SR 46 expansion, and I-4/Greeneway Interchange ramp.

BACKGROUND ON LANDFILL PROPERTY (Cameron-Thrasher Property)

David Gregory, Solid Waste Manager, addressed the Board to state the Board authorized staff to review the Cameron-Thrasher property and to report back whether the land use should be changed on same. He displayed a PowerPoint presentation and reviewed the history of the landfill property; an overview of the Osceola Landfill; Osceola Airfield Parcels; the different parcels acquired; two parcels (Tatem and CRG/Dart) acquired in 1989; Thrasher and Cameron properties; approximately 160 acres acquired by the County in 1994 in return for leasing property to the Hunting and Fishing Club; and the uses of the landfill property and other activities on the site.

At the request of Commissioner Henley, Chairman McLain explained how the mini-bike trail came about and when it was done.

Mr. Gregory continued by reviewing the different uses of the site and the property that was acquired. He stated the landfill designation is Public, Quasi-Public and that allows public and private recreation, education and library facilities, public schools, water, sewer, electric, gas, communication, transportation facilities and public safety facilities uses. This land use designation is consistent with the current use of property and would permit necessary public improvements in the future.

Upon inquiry by Commissioner Maloy, Mr. McMillan advised the County authorized the Extreme Challenge Games to be held on the property and they notified the leaseholder to see if it would conflict with his lease and he indicated it would not.

Upon further inquiry by Commissioner Maloy, Mr. Grace advised the State law requires that the Solid Waste revenues have to be spent for solid waste purposes and that doesn’t apply to water and sewer revenues.

Commissioner Morris stated several months ago, he inquired whether this land could be rezoned for a government use park or natural lands. His question is focused on when the lease is expired, or could they rezone it now and keep the lease in place.

Commissioner Maloy stated it seems to him that with that amount of property, they can work with the parties involved by opening it up to passive uses.

Chairman McLain stated this property was purchased by the landfill fund and the Board needs to make sure that they do not put their bonds in jeopardy. There has been a lot of security issues on this property and the County has to honor their commitments to leases on a regular basis.

Commissioner Morris stated three members of this Board were here when the lease was approved and he would be happy to hear from those members to see if they feel something needs to be done with this lease. The perpetual uses can be dealt with in the future. He said he believes it would make sense to have some type of future land use associated with this.

Mr. Grace stated staff can review that issue and basically focus on the land use and what the options are and how it might or might not conflict.

Commissioner Van Der Weide stated he would like a full report on what this would do to the potential expansion of the landfill.

Chairman McLain stated one of his concerns is if they start converting the buffer into a passive use and then they find out they need to expand the landfill, there will be problems with the users. Discussion ensued.

Commissioner Van Der Weide stated the Board already directed the Natural Lands Committee to not work on anything the County already has tied up, and it only makes sense to honor a lease.

Commissioner Maloy stated the use of the landfill is something they need to protect. He stated he feels it doesn’t hurt to take a look at the uses that are occurring there and to see if they can’t allow some maximization there.

Chairman McLain stated the County would have to get the leaseholder’s permission to allow that. He stated the leaseholder does allow people to enjoy the river in the summer time, but the problem is a certain element of people wants to come into the property to use it for illegal activities. He stated he is sure the leaseholder would allow more public access and Commissioner Maloy may want to discuss those options with him.

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The Board recessed the meeting at 12:05 p.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

SMALL SCALE LAND USE AMENDMENT & REZONE

FROM PUD to R-1A & OP TO PUD, THOMAS DALY

Proof of publication, as shown on page ________, calling for a public hearing to consider a request for a Small Scale Land Use Amendment from PD (Planned Development) to LDR (Low Density Residential) and Office to Planned Development; and request to rezone from PUD (Planned Unit Development) to R-1A Single Family Dwelling District and from OP (Office-Professional) to PUD (Planned Unit Development) for property located on the west side of Wekiva Springs Road, ½ mile north of SR 434, Thomas Daly, received and filed.

Planner, Jeff Hopper, addressed the Board to present the request, advising on September 24, 2002 the BCC approved a land use amendment and rezoning to PUD on the subject property. The approved Preliminary Master Plan shows 74 townhouse units. He stated that subsequent to that approval, the applicant discovered several discrepancies in the legal description. As a result, the area of rezoning and change in land use did not precisely match the intended project boundaries. The previous application included a portion of the Wekiva Springs Road right-of-way 4,900 square feet in size and approximately 1,650 square feet of a neighboring residential lot on Lake Gene Drive. That submission mistakenly excluded a 6,500 square-foot piece of the property owner’s land fronting on Wekiva Springs Road. The changes result in a net reduction in site area of 39 square feet. He added that staff recommends approval of the request subject to the conditions of the original approval.

Thomas Daly, developer, addressed the Board to explain that the landowner gave him a survey that was not correct and that is why they are making this request.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2003-6, as shown on page _______, and Ordinance #2003-7, as shown on page _______, for Small Scale Land Use Amendment from Planned Development (PD) to Low Density Residential (LDR) and Office to Planned Development; adopt Ordinance #2003-8, as shown on page _______, approving rezoning from Planned Unit Development (PUD) to R-1A Single Family Dwelling District; and to adopt Ordinance #2003-9, as shown on page _______, from Professional Office (OP) to PUD; for property comprising approximately 10 acres and located on the west side of Wekiva Springs Road, ½ mile north of SR 434, as described in the proof of publication, Thomas Daly (Max F. Morris), with staff findings and approval of the Amendment to Development Order #2-22000005, as shown on page _______.

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

REQUEST FOR REZONING FROM RP

TO RP, ANDREW ZELMAN

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from RP (Residential Professional District) to RP (Residential Professional District) for property located on the southwest corner of Roy Boulevard and Maitland Avenue, Andrew Zelman, received and filed.

Planner, Kathy Fall, addressed the Board to present the request, advising the rezoning is for development of a law office. She stated that in 1988 a portion of the property was rezoned from R-1A to RP to allow the conversion of a two-story dwelling unit to a general office building, excluding medical or dental office uses. The property was rezoned with conditions that a cross access easement would be provided for the property to the south and a brick or masonry wall would be provided along the western property line (access was restricted to Maitland Avenue). Subsequent to the rezoning, the applicant purchase 10.1 feet of property from the adjoining parcel to the west in order to construct an access drive on the site and accommodate the required active buffer along the west property line. The 10.1 feet was not included in the 1988 rezoning request and is not included in this request, since it would serve only as a buffer. She added that staff recommends approval of the request, subject to the provisions in the development order. She further advised that condition (f) regarding signage should be omitted and condition (g) should be amended to read, “3 feet width with canopy trees at least 4 feet in height at the time of planting and located every 15 feet on center”.

Commissioner Henley commented that there are no P&Z Commission minutes in the packet. Whereupon, Ms. Fall advised staff did not have enough time to complete them and include them in the packet.

Andrew Zelman, applicant, addressed the Board to state his only concern with staff comments is on condition (a) in the D.O. requiring a 6-foot brick or masonry wall. He said this is a very residential-looking area and he does not believe a masonry wall will do anything to buffer the property. He further said he has spoken to the adjacent owner and he does not want the wall to extend beyond the proposed building.

Upon inquiry by Commissioner Henley, Ms. Fall advised the P&Z were aware of Mr. Zelman’s comments and recommended that the condition in the D.O. stand.

Janice Henson, 503 Roy Boulevard, addressed the Board to speak in opposition to the proposed rezoning, expressing her concern with the amount of parking available. She said that there is no parking allowed on Roy Boulevard and she is concerned that if there is not enough parking onsite, cars will spill onto Roy Boulevard. She explained that Roy Boulevard is a dead-end street and there are children in the area. She submitted for the Record a Petition, as shown on page _______, in opposition to the rezoning.

Ms. Fall advised the applicant is in compliance with the code with regard to the number of parking spaces.

Upon inquiry by Commissioner Henley, Ms. Fall advised the access on Roy Boulevard is a one-way driveway.

Ms. Henson reiterated that if there are three or four attorneys in the building and they all have staff and clients, she does not believe there will be enough parking.

Ms. Fall advised that parking spaces are based on the square footage of the building.

Roger Bruimsma, 515 Roy Boulevard, addressed the Board to state he would like to see a top view of the building to see what the sides and rear will look like. He also expressed his concern with the parking overflowing onto Roy Boulevard.

Ms. Fall stated there is no parking allowed on County rights-of-way and any cars that do will be ticketed.

Upon inquiry by Commissioner Henley, Ms. Fall advised the wall will stop approximately 25 feet from the property line.

Ernie Evans, 505 Roy Boulevard, addressed the Board to speak in opposition and to express his concern with the traffic and parking problems.

Betty Morene, 501 Roy Boulevard, addressed the Board to advise the curb cut the applicant is asking for lines up directly across from her driveway and she will be the most affected. She questioned why there is not a shared driveway with the church on the adjacent property.

Ms. Fall advised that staff is requiring them to have a cross access agreement.

Planning Manager, Matt West, addressed the Board to advise if the church comes to the County for access onto Maitland Boulevard, they will require the access be shared.

Mr. Zelman advised he would be happy to have the shared access with the church and he has spoken to them about it.

No one else spoke in support or in opposition.

District Commissioner Henley stated he wished the neighbors had shared their thoughts with the P&Z Commission and with staff because they have valid concerns.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to enact Ordinance #2003-10, as shown on page _______, approving rezoning from RP (Residential Professional District) to RP (Residential Professional District) for property located on the southwest corner of Roy Boulevard and Maitland Avenue, as described in the proof of publication, Andrew Zelman; and to approve Development Order, as shown on page _______, as amended.

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

District Commissioner Henley stated he would hope that staff would move at the appropriate time on the parking problems and follow through on the potential closing of the driveway when the church comes forward with their development.

REQUEST FOR REZONING FROM

M-1 TO PCD, WILLIAM KIRTLEY

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from M-1 (Industrial) to PCD (Planned Commercial Development) for property described as on 1.70 acres, 500 feet north of the intersection of CR 427 and Longwood-Lake Mary Road, west side of Longwood-Lake Mary Road, William Kirtley, received and filed.

Planner, Jeff Hopper, presented the request, advising the plan is for 20,175 square feet of commercial floor area on a 1.70 acres site. The applicant is requesting to develop this as PCD in order to obtain flexibility on certain design criteria that would apply under straight zoning. He stated the applicant has made minor revisions to the site plan, reducing the parking spaces from 63 to 61 and reducing the office building to 12,900 from 13,400 square feet. The warehouse will be 7,275 square feet. He also stated that the applicant is proposing the parking spaces adjacent to the existing trees to be 9’x18’, but all other spaces will be at least 10’x20’.

Upon inquiry by Commissioner Morris, Mr. Hopper advised the existing trees along Longwood-Lake Mary Road are approximately 8 to 9 inch caliber trees.

Commissioner Morris complained to staff about their decision on allowing the kind of right-turn for the property (Pods) to the west of this site. He added that he does not want to see this repeated.

Commissioner Van Der Weide stated he understands the reason for reducing the size of some of the parking spaces; however, in his experience with warehouses, a 9-foot parking space is inadequate.

John Reynolds, representing the applicant, addressed the Board to state they are saving the large trees along the front of the property. The 8 to 9 inch trees are all healthy and along with the laurel oaks is a large 15-inch magnolia tree. He stated that excavation of this area will be done by hand. He said they are widening the sidewalk from 5 feet to 8 feet. He further stated they have agreed to set an amount of parking for the warehouse operation and the balance will be designated to office. However, they would like some flexibility that if they have a retail use and they have not used all their parking for office space that they be allowed to have a retail use without having to come back to the BCC, as long as they do not exceed the parking requirements established in the D.O.

Commissioner Van Der Weide again expressed his concern about parking and the allotment for each business. Discussion ensued.

Commissioner Morris complimented Mr. Reynolds, stating what he has done in order to save trees is admirable.

Commissioner Maloy stated he would like to see the allowable and non-allowable uses spelled out in the D.O.

Attorney Steve Coover, representing the developer, addressed the Board to state Mr. Kirtley would like the ability to develop the property without having to come back to the Board for every use. He added that the intent is to try to turn this into a condominium and deed restrict the parking as the units are sold.

Mr. West stated staff has dealt with parking issues on other PCD’s before. He suggested working this out by the Final Master Plan.

No one else spoke in support or in opposition.

District Commissioner Henley stated he believes condition (1) in the D.O. has built into it safeguards that will give the County an opportunity to review the uses.

Motion by Commissioner Henley, seconded Commissioner Van Der Weide to adopt Ordinance #2003-11, as shown on page _______, approving rezoning from M-1 (Industrial) to PCD (Planned Commercial Development) for property described as on 1.70 acres, 500 feet north of the intersection of CR 427 and Longwood-Lake Mary Road, west side of Longwood-Lake Mary Road, as described in the proof of publication, William Kirtley, with staff findings; and to approve Development Order, as shown on page _______, with limitations of uses as specified.

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

CONSIDERATION OF THE ENERGY

ELEMENT FOR VISION 2020

Proof of publication, as shown on page _______, calling for a public hearing to consider the proposed Energy Element for Vision 2020 - A Guide to the Journey Ahead (Seminole County Comprehensive Plan), received and filed.

Planner, Alice Gilmartin, addressed the Board to present the proposed Element, requesting approval to transmit same to the Department of Community Affairs. She advised the second public hearing is tentatively scheduled for June 27, 2003; and the LPA recommended approval. Copy of follow-up to BCC February 25, 2003 paper was received and filed.

Sam Kendall, representing the Seminole Audobon Society, addressed the Board to commend the County for trying to save energy and taxpayers’ money. He displayed a report (copy received & filed) showing the potential added cancer risk from formaldehyde, butadiene, benzene, diesel soot and acetaldehyde for each Florida county. He also displayed the potential cancer risk from acetaldehyde for 100 U.S. counties, including Hillsborough and Pinellas Counties in Florida. He requested the Board add the following language to the introduction to the Element at the end of the third paragraph: “The Board recognizes that our energy choices can result in undesirable effects on human health and environmental stability and wishes to reduce and eliminate these effects”. He also requested the addition of the following language at the end of the first paragraph of ERG 2: “Because the choices of energy fuels are also related to human and environmental health, the County would benefit if the power companies provided the fuel sources used to generate electricity for the County. Coordinating the kilowatt-hours of electricity with the fuels used to generate the electricity will help the County determine its contribution of carbon dioxide or other emission pollutants and assist in monitoring their desired reduction.”

No one else spoke in support or in opposition.

Commissioner Morris stated he has no problem with including the additional language as recommended by Mr. Kendall.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to transmit the proposed Energy Element for Vision 2020 - A Guide to the Journey Ahead (Seminole County Comprehensive Plan), with additions as noted, to the Florida Department of Community Affairs for review and comment.

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

Commissioner Morris left the meeting at this time.

REGULAR AGENDA, CONTINUED

Economic Development Director, Bill McDermott, addressed the Board to present the Jobs Growth Incentive Economic Development Agreement for Superchips, Inc. He advised Superchips, Inc. wishes to expand their business and consolidate their three existing locations. They propose to create 20 new jobs with income above the average in Seminole County at $38,125. He further advised the City of Sanford has agreed to participate in the QTI from the State and provide the full local match of 20% of the total award amount, which is $12,000.

Commissioner Morris reentered the meeting at this time.

Mr. McDermott further advised that the return on the County’s investment is 0.3 years for all taxes countywide.

Chairman McLain advised the City of Sanford unanimously endorsed this.

Upon inquiry by Commissioner Henley, Mr. McDermott advised the lease for the Orlando/Sanford Airport will be for 30 years.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize the Chairman to execute a Jobs Growth Incentive Economic Development Agreement, as shown on page _______, between Seminole County and Superchips, Inc., in the amount of $12,000.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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The Chairman recessed the meeting at 3:06 p.m., reconvening at 3:17 p.m., this same date.

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Support Services Manager, Meloney Lung, addressed the Board to present the request from the Supervisor of Elections for authorization to lease space at the Orlando/Sanford Airport Authority. She advised the Supervisor of Elections has requested a 20,000 square foot building that would incorporate both office and warehouse space. She further advised staff is recommending a 15,000 square foot building with a 10-year lease.

Supervisor of Elections, Sandy Goard, addressed the Board to request authorization to proceed with a building that consists of 20,000 square feet. She said she is having a difficult time understanding how the County staff has determined that 15,000 square feet is adequate space and she is opposed to their recommendation. She stated she has worked in the Elections Office for 26 years and questioned who would know better the office’s space requirements. She said that during those 26 years, she has and will continue to operate the office in a conservative and professional manner to ensure the citizens and elected officials that successful elections are conducted. She further said that she has made do with the space provided her for 26 years and this is the first time she has initiated a request for additional space. She reviewed the major changes that have taken place over the past 26 years, including an increase in registered voters, increase in precincts, increase in absentee ballots, and the establishment of early voting. She outlined in detail the changes in statutes and the added workload for the office. She said in order to meet all the new demands in the wake of the last national election and new demands that are forthcoming, it is imperative that the office has adequate space available to do their job. She informed the Board that Pasco County has 275,000 voters and 21,000 square feet and Sarasota County has 233,000 voters and 25,900 square feet - both counties are comparable to Seminole County. She advised the Orlando/Sanford Airport Authority has presented a proposal to her to lease adequate space. He explained that time is a factor because she must be able to move into any new facility by the second week in April 2004. She added that she cannot guarantee that they will be able to meet the mandates required by law in a timely manner without the space she is requesting. Copy of memorandum dated February 20, 2003 from Ms. Goard to the BCC was received and filed.

Chairman McLain stated he supports Ms. Goard and said that the Board needs to make sure they provide adequate space so that the voters of the County can cast their votes. He added that it appears the staff has not been able to find a more competitive lease option than the airport. Whereupon, Ms. Lung stated that is correct.

Upon inquiry by Commissioner Henley, Director of Administrative Services, Jamie Croteau, addressed the Board to advise they took the information the Supervisor of Elections provided and applied the County space standards to it.

Commissioner Maloy stated in the past there has been more time to consider all options before making a decision like this. He said he is disappointed that the Board did not have more information on this earlier.

Upon inquiry by Commissioner Maloy, Mr. Grace stated one of the key issues is time. He further stated that staff did make a recommendation that the Board should consider building a development services building with the idea of freeing up some of the lease properties and staff was intending to bring the issue back to the Board during the budget process; however, it would be at least 3 or 4 years before that could happen.

Commissioner Van Der Weide questioned how they got to this point so quickly and has staff explored all the options.

Mr. Grace advised he found out about this request about a month ago. He added that there are a number of options and variables out there.

Commissioner Van Der Weide stated he does not think there is any doubt that Ms. Goard needs the space, but he questions if the airport is the appropriate location. He also stated that he is concerned with going into a 20-year lease and putting the office in one corner of the County.

Upon inquiry by Commissioner Morris, Airport Authority Director, Larry Dale, addressed the Board to advise that if the County chooses to go with the airport lease, he would need about a year to obtain permits and construct the building. Mr. Dale further advised that the Board of Directors has not approved this yet, but he feel like they would because this is the Seminole County airport and they have been working with the County. He added that he does not believe the County is going to find a better lease price.

Commissioner Van Der Weide stated he is not against using the airport property to meet this kind of need at this time; however, he thinks in the long term that the office needs to be more centrally-located at Five Points.

Commissioner Morris stated that according to Mr. Dale and Ms. Goard, time is of the essence, but he still believes there is a little room for more study. Therefore, he would propose continuing this item for more review and bringing it back to the Board during the second meeting in March.

Chairman McLain stated he believes this would be a quality facility at $6.00 a square foot and even if the Board chooses to build a new facility in five years, the County could sublease the building or the airport authority could take it back for releasing. He said he does not see this as a big risk.

Commissioner Henley said he feels the appropriate action would be to study this a while longer because the Board could be subjecting themselves to some criticism that they didn’t look at all the options.

Ms. Goard stated that when this item comes back in March she would request formal action be taken because time is of the essence.

Commissioner Morris left the meeting at this time.

Mr. Dale urged the Board to explore all their options because the airport is willing to work with the County and offer the best deal available.

The Board, by unanimous consensus, continued this item until the second meeting in March and directed the County Manager to have staff research all the options and brief the Board prior to the March 25, 2003 meeting.

CHAIRMAN’S REPORT

Chairman McLain briefly discussed with the Board a letter (copy received & filed) dated February 19, 2003 from Paulucci International Ltd., Inc., regarding the Seminole County retention ponds located east of Rinehart Road.

Mr. Grace advised these ponds are on the front portion of Mr. Paulucci’s property and he wishes to move them back off the frontage, paying the County $100,000 for that right. He said the ponds would still have the functionality that they have currently and if the Board has no objections, staff will prepare an infrastructure agreement and bring it back for Board approval.

The Board voiced no objections and directed Mr. Grace to move forward with developing the infrastructure agreement.

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The Chairman appointed Commissioner Grant Maloy to the St. Johns River Restoration Working Group. He stated a letter will be sent to the District advising of the appointment.

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The Chairman requested reappointment of Bill Shaffer (Sheriff’s Office) to the Animal Control Board.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to reappoint Bill Shaffer (Sheriff’s Office) to the Animal Control Board.

Districts 1, 3, 4 and 5 voted AYE.

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The Chairman advised that due to Chris Dorworth being appointed to the Planning & Zoning Commission, he has decided not to accept the appointment to the MetroPlan - Orlando Urban Area Transportation Study Citizens Advisory Committee. He, therefore, requested appointment of Elizabeth Dorworth in Mr. Dorworth’s stead.

Motion by Commissioner Henley, seconded by Commissioner Maloy to appoint Elizabeth Dorworth to the Orlando Urban Area Transportation Study Citizens Advisory Committee/MetroPlan for a 4-year term, replacing Chris Dorworth.

Districts 1, 3, 4 and 5 voted AYE.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 2/10/03 to Chairman McLain from Diane Pickett Culpepper, Time Warner Cable, re: new cable programming services.

2. Parks & Recreation Contracts, as shown on page _______, for Services: Joseph Wallbank (Slow-Pitch Softball Umpire); Michael Kember (Tennis Instructor); Gerald Meter (Slow-Pitch Softball Umpire) and Kevin Masih (Tennis Instructor).

3. Copy of letter dated 2/14/03 to Ray Eubanks, DCA, from Chairman McLain re: transmittal of Adopted Small Scale Plan Amendment to the County’s Comp Plan through Vision 2020.

4. Copy of memorandum dated 2/14/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

5. E-mail dated 2/14/03 to Chairman McLain from Thomas M. Sanders re: canoe livery service at Katie’s Landing.

6. Memorandum dated 2/12/03 to BCC from Commissioner Chuck Dunnick, FL Assoc. of Counties (FAC) President, re: FAC 2003 Joint Legislative Statement with the FL League of Cities and FL School Boards Assoc.

7. Letter dated 2/12/03 to Chairman McLain from Gerald Sutton re: proposed formation of a Seminole County Commission on Aging. (cc: BCC, County Managers, Sheriff, Community Services Director)

8. Memorandum dated 2/13/03 (with attachment) to BCC from Cindy Hall, Fiscal Services Director, re: Tourist Tax Revenue status.

9. Facsimile dated 2/17/03 to BCC from State Senator Lee Constantine re: 2/24/03 Town Hall Meeting in conjunction with State Representative David Mealor.

10. E-mails to Chairman McLain re: proposed land use changes in the Red Bug Rd./Tuskawilla Rd. area from Nadene F. Jackson and Vincent M. Cassaro.

11. Memorandum dated 2/12/03 (with attachments) to BCC from Ruth Ann Stamm re: Vigilante Airplane Memorial and request to rename Airport Blvd. “POW-MIA” Blvd.

12. E-mails to Chairman McLain re: proposed land use changes in the CR 419/Snowhill Rd. area from Adriana Garcia, R.N., and John & Karen Moran.

13. Letter dated 2/17/03 to Chairman McLain from Sheriff Don Eslinger re: proposed revisions to the Seminole County Alcoholic Beverage Ordinance. (cc: BCC, County Attorney, Deputy County Managers)

14. Copy of letter dated 2/12/03 to Mayor Roland F. Hotard, City of Winter Park, from Chairman McLain, re: appeal of Seminole County Board of Adjustment decision on Time Warner Cable facility in Winter Park.

15. Copy of letter dated 1/28/03 to Grants Management Officer, HRSA Grants Application Center, Gaithersburg, MD, re: support of the Education Now And Babies Later (ENABL) program for Healthy Start Coalition.

16. Notice of 3/6/03 City of Lake Mary preliminary subdivision public hearing re: property at 2125 W. Lake Mary Blvd. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

17. Letter dated 2/7/03 to Chairman McLain from Johnnie Eudell re: appreciation for demolition at 2450 Randall St. (cc: CDBG)

18. Letter dated 2/14/03 (with attachment) to Chairman McLain from Linda Burnette, SJRWMD, re: 2001/02 Annual SJRWMD Legacy Report.

19. E-mail dated 2/18/03 to Mike Wittmer, Animal Services Manager, from Barbara Lewis re: County policy on feral animals and euthanasia.

20. Letter dated 2/13/03 (with attachment) to Chairman McLain from Thomas G. Percival, Jr., FL DOT, re: 3/11/03 Public Information Workshop on SR 415 project development and environmental PD&E study. (cc: County Manager, Public Works Director)

21. E-Mails to Chairman McLain re: proposed land use changes in the Red Bug Lake Rd./Stonehurst Subdivision area from: Tom & Carol Arvo; Cliff & Ruth Chillemi; Patrick Begley; Richard & Sandra Haines; Prof. George Yeh; Craig & Donna Curran; Andrea Baugh; and Shaun & Kathy Putnam.

22. Copy of memorandum dated 2/21/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

23. Letter dated 2/15/03 (with attachments) to Chairman McLain from Allen Arthur, Architect, re: Western Beltway extension and suggestions to alleviate traffic congestion.

24. Notice of 2/28/03 U.S. 17-92 RPA meeting.

25. E-mail dated 2/22/03 to Chairman McLain from Judith G. Gross re: proposed land use change in CR 419/Snow Hill Rd. area.

26. Letter dated 2/20/03 to BCC from Deborah Schafer, The Sustainable Communities Advisory Council, re: proposed land use changes/designation on and possible buy-out of 20-yr. lease on the Cameron-Thrasher property.

27. Form letters re: opposition to a light rail system through the Dolores Dr. area in Altamonte Springs from: Linda Connery; Marguerite Grundy; Cheryl Eckentots; Nell W. Drueding; and Mike Zagrobelny. (cc: BCC, County Manager, Planning & Development Director, Transportation Planner)

28. Facsimile notice of 2/25/03 Orlando Sanford International Airport “Emergency 2003” multi-agency, multi-jurisdictional community mass casualty airport emergency response field exercise. (cc: BCC, County Managers, Public Safety Director)

29. Memorandum dated 2/21/03 to BCC from Mary Kay Cariseo, FL Assoc. of Counties (FAC), re: Legislative Alert – Article V, Governor’s Budget & Medicaid.

30. Memorandum dated 2/17/03 to BCC from Barbara A. Vergara, SJRWMD, re: 2/18/03 Public Meeting No. 1 – Seawater Demineralization Feasibility Investigation. (cc: BCC, County Managers, Environmental Services Director, Cooperative Extension Service Director, Health Dept. Director)

31. Letter received 2/24/03 to Chairman McLain from William F. Meriwether, DVM, re: support of proposed zoning changes on Celery Ave. (cc: County Managers, Planning & Development Director, Planning Manager)

32. Letter dated 2/21/03 (with attachment) to BCC from C.H. Vreeland III, FL DOT, re: SR 46 Lake Jesup Bridge Replacement Project and Environmental PD&E Study. (cc: BCC, County Managers, Public Works Director, County Engineer, Natural Lands Office)

33. Letter dated 2/20/03 to BCC from Margaret S. Linnane, Second Harvest Food Bank of Central FL, re: CDBG application to provide nutritious after-school snacks for children of low-income families in conjunction with Seminole County School Board program. (cc: BCC, County Managers, CDBG)

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Henley stated he is recommending bringing to the BCC an appeal of the Board of Adjustment’s decision on January 27, 2003, regarding four lots on Howard Boulevard and Marjorie Boulevard. He explained that the citizens did not have an opportunity to speak at the hearing because they were told, erroneously, by staff that the BOA had already held the public hearing on it. The citizens went home and found out that the hearing had not been conducted.

Motion by Commissioner Henley, seconded Commissioner Van Der Weide to bring forward to the BCC an appeal against the Board of Adjustment’s decision on January 27, 2003, approving for Atlantic Development Corporation, lot variances for four lots on Howard Boulevard and Marjorie Boulevard.

Districts 1, 3, 4 and 5 voted AYE.

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Upon inquiry by Commissioner Henley, the Chairman advised he has requested that the amendment to the Alcoholic Beverage Ordinance be put on the March 11, 2002 meeting’s agenda.

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Commissioner Van Der Weide presented his nominations for various appointments.

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

Electrical Contractors Board - Gary Scarboro for a term ending January 1, 2004; and adopt appropriate Resolution #2003-R-58, as shown on page _______, commending Douglas Matern for his services on same.

Mechanical Contractors Board - Bill Ellis for a term ending January 1, 2004.

Plumbing Examiners Board - Dave Putz for a term ending January 1, 2004.

Swimming Pool Board - Joe Fernandez for a term ending January 1, 2004.

Well Drillers Board - Steve Young for a term ending January 1, 2004.

Natural Lands Committee - Mike Boswell for a term ending January 1, 2004; and adopt appropriate Resolution #2003-R-59, as shown on page _______, commending Mark Lammert for his services on same.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Maloy left the meeting at this time.

COUNTY MANAGER’S REPORT

Mr. Grace requested direction on canceling the first meeting in July 2003. The Board voiced no objections to same.

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Mr. Grace distributed a draft status (copy received & filed) dated February 24, 2003 of the Northwest Service Area Consumptive Use Permit.

Director of Environmental Services, Bob Adolphe, addressed the Board to briefly review the status report.

The Chairman stated he is satisfied with where they are today as to where they were several months ago; and he commended the staff for working with the district on this matter.

Mr. Grace said he wants the Board to be aware that there are some items in this report that will cost money. He asked the Commissioners to give him any comments on this.

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The Chairman, thereupon, recessed the meeting at 4:30 p.m., reconvening at 7:05 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARINGS

AMENDMENT FROM SE TO LDR AND

MIXED DEVELOPMENT/SEMINOLE COUNTY

Proof of publication, as shown on page _______, calling for a public hearing to consider the Administrative Large Scale Land Use Amendment from Suburban Estates to Low Density Residential and Mixed Development for approximately 632 acres located on the north and south sides of Celery Avenue, Seminole County, received and filed.

Chairman McLain advised he owns 39 acres of property on Celery Avenue in Section One and he will not be voting on that item. However, he will vote on Section Two, since he has no interest in that area.

Rob Walsh, Principal Coordinator, addressed the Board to state these amendments were continued from the Fall Cycle of last year to allow further discussions with the City of Sanford regarding future land use responsibilities for Celery Avenue. Discussions have been ongoing, but the issues have not yet been resolved. He said the first amendment would change the land use from Suburban Estates to Low Density Residential, which establishes a maximum density for four units per net buildable acre. The second amendment is a change from Suburban Estates to Mixed Development, which includes residential, commercial office, and very light industrial uses, to be further established by zoning. He said as the area along Celery Avenue annexes into the City of Sanford, most likely the land use designation would be Very Low Density Residential, which would establish six units per gross acre. The area to the south is designated as Industrial and Low Density Residential. The proposed land use amendment would provide a logical progression of land uses for more intense development to the west in the City of Sanford to less intense uses to the north and east toward the conservation area. Staff also believes a density cap of three units per acre would soften that transition. The City of Sanford would provide central sewer and water service and reclaimed water to the area. He said there have been a number of Seminole County initiatives to improve drainage throughout the corridor.

Chairman McLain asked Mr. Walsh to elaborate on the issue of the County acquiring the University of Florida property and making a stormwater park out of it. Whereupon, Mr. Walsh said he understands that a proposed lease will be brought to the Board within the next 30 days or so. Mr. Grace added that staff is working on that to come back with a lease to develop a regional stormwater facility to address a lot of the drainage problems. Chairman McLain added that the Stormwater Division is looking at making some passive uses for the public at the stormwater park.

Mr. Walsh stated the current level of service on Celery Avenue is A, but the road is considered substandard in terms of width and construction. The right-of-way now is 50 feet and 100 feet would be required by County standards. He said a draft Joint Planning Agreement (received and filed) with the City of Sanford was included in the agenda packet to the Board, which includes addressing the jurisdictional responsibility for Celery Avenue and the density cap at three units per acre. He said the P&Z Commission voted five to one to forward both these amendments without a recommendation to the Board. He advised staff recommends approval of the proposed administrative land use amendment if the interlocal agreement with Sanford is approved by both jurisdictions. The interlocal agreement should include the following requirements: (1) A zoning overlay for the Celery Avenue Corridor is created and caps the residential density within Section One at 3 dwelling units per acre; (2) Require central water and sewer services for developments with an intensity greater than one dwelling unit per acre; and (3) The City of Sanford will assume maintenance of Celery Avenue within a specified time frame. Staff is requesting tonight to transmit the amendments to the Florida Department of Community Affairs for review. If approved, the amendments will be considered for final adoption on June 10, 2003.

Commissioner Morris discussed at what time in the future would the City of Sanford take over the maintenance of Celery Avenue. Chairman McLain stated the City would be addressing this issue on March 11, 2003. He is thinking that between now and June, when this comes back before the Board, they will have an executed interlocal agreement in place with all the details prior to the Board moving any further.

Upon inquiry by Commissioner Maloy, Antoine Khoury, Engineering, addressed the Board to state the County has no plans to widen Celery Avenue beyond three lanes. He said the cost would be too great to go to four lanes. The plans are to do some improvements. The County has a professional services contract with a consulting firm to be selected to try to identify the needs. He concurred with Chairman McLain that all the development decisions on zoning changes would be based on concurrency, trips available, and level of service.

Upon inquiry by Chairman McLain, Mr. West said the overlay would cap the density at three units per acre and provide some design standards along Celery Avenue and amenities in a uniform design standard between the City and County.

Chairman McLain further discussed with Mr. West that as this property stands now with the current land use, industrial could be developed without buffers to the residential. If it were changed to Low Density Residential, persons who develop the industrial would have to provide adequate buffers to the residents.

Commissioner Morris said, in looking over the minutes from the P&Z meeting and what’s presented tonight, there seems to be two or three big areas that need to be negotiated and agreed upon with Sanford. They are the road itself, the densities, overlay standards, and the range and timing of annexations. By transmitting, the County has, as the City of Sanford, the single veto power to stop the process. He said it appears the real debate is what is negotiated with the City of Sanford. He asked when does staff anticipate coming back before the Board.

Mr. West said two hearing dates are scheduled for the large scale amendments, one for May 27 and one for June 10, 2003. It would be one of those dates when staff brings this back. Whereupon, Commissioner Morris said at that point, if the Board does not like what they are hearing or were not able to negotiate with Sanford, they can kill the whole thing.

Commissioner Henley asked if the County doesn’t have those assurances and agreements, why are they even discussing this and why would they want to transmit until they know what the agreements are going to be.

Mr. West said if the Board is interested, staff will transmit the amendment but if they are not, staff will not do so. He further responded to Commissioner Morris that if the County does nothing, the City of Sanford will eventually annex the property piece by piece and there will be no uniform design standards or density caps. He thinks this land will develop under the City’s rules rather than joint rules that the City and County can live with.

Commissioner Van Der Weide also questioned that it would be nice if the City of Sanford voted to agree to maintain Celery Avenue before the amendment comes before the Board. He recalled the actions of the Board regarding the Oviedo Mall and Community College in Oviedo and then they were annexed. Discussion continued.

Commissioner Morris said his position is that any direction the Board gives to staff in terms of the land use going forward would be on the conditions that the road is transferred to the City and conditions be met relative to County standards; that every base is covered relative to water and sewer, and have a comprehensive agreement; otherwise this will be kicked out.

Mr. West said these conditions have been put before the City and they will consider them on March 10, per Chairman McLain’s comments.

Ken McIntosh, speaking on behalf of himself and his wife and his neighbors, addressed the Board to state nothing has happened since August 28, 2001. He said Chapter 163 requires a complete transmittal to send to the Department of Community Affairs and that is not what they have now. He noted that the Land Planning Agency did not recommend transmittal, but recommended the matter be forwarded to the BCC for action due to their inability to come to a decision on this matter. He said they are opposed to transmitting this to DCA at this time. He identified the items that are incomplete as follows: right-of-ways, sewer, and the City of Sanford assuming responsibility for cost. He said these are all required for coordination of annexation. He recalled that at the last meeting, it was recommended by Commissioner Henley that conferences be conducted between staff members, County representatives, City representatives, and the residents involved, but until this date he has not heard from anyone. He showed photographs (received and filed) of Celery Avenue and the Experiment Station since August 1, 2000, when this matter was first given consideration at the Midway Elementary School, which showed there has been no change. He said they feel theirs is a Suburban Estates district. He showed photographs (received and filed) of the homes in Sanford Trails Estates and other homes including the home of Larry Dale and Commissioner McLain’s property. He reiterated that nothing has occurred in this corridor since the last time and this is not ready for transmittal. He stated there has been no progress made to answer the questions presented the last time. He recommended that this not be transmitted to DCA until such time as the transmittal is complete and ready. He said he feels the Joint Participation Agreement with Sanford is driving this issue instead of land planning and it is in reverse and inappropriate at this time.

Upon inquiry by Commissioner Henley, Mr. McIntosh explained his “Sipes Avenue ideology, with Sipes Avenue serving as a barrier to any further annexation to the east.” He advised he has not been asked to meet with staff and present these ideas, although he has expressed the desire for that opportunity.

Upon inquiry by Chairman McLain, Mr. West said he was not aware it was the direction of the Board to include Mr. McIntosh in any of the discussions.

Commissioners Morris and Maloy continued discussion with Mr. McIntosh concerning the Celery Avenue Corridor, buffering of the potential manufacturing area, and Zone 2. Discussion ensued.

Mr. West corrected the Record that on May 6, 2002, a community meeting was held, but Mr. McIntosh was not present. He said this was where the idea of the overlay came from.

Larry Dale, 3400 Celery Avenue, addressed the Board to state he was the one who began this process several years ago. He thought Sanford needed a place for upscale housing, and the density could be compromised and worked out with the County. He said subsequent to that, he built his own home in this area and is even more interested in seeing something that brings upscale housing. He said he wants the same peace and enjoyment that his neighbors have. He does not want to see Celery Avenue four-laned or the cut-through traffic to continue. He thinks they need protection to the north from the industrial and to see that the industrial corridor does not grow. He thinks the three units per net acre would allow the upscale housing. Without an agreement, the City of Sanford could still annex at six units per acre.

Chairman McLain noted that Allen Hoops indicated he relinquished his speaking time to Mr. McIntosh.

Richard Creedon, 1172 Apache Drive, representing the Geneva Citizens Association, addressed the Board to state that: (1) their entire area struggles to find enough water to satisfy existing needs; (2) Seminole County’s rural heritage is fast becoming only a fading, historical memory; and (3) Seminole County’s Comprehensive Plan calls for protecting the rural quality of the East area. He asked, “In light of these facts, how can the County propose to administratively downzone an entire farming community to allow much greater density when many of the affected property owners object”?

Jimye Russell, 950 Powhatan Drive, addressed the Board to state the border line goes down Cameron and into their neighborhood called Indian Mound Village, which separates some of the properties owned by different people. Half of the properties would be outside the border and the other half would be incorporated into this land use. She said should this zoning go through, her request is that the Board pay attention to the fact that the line could go behind their properties so they are not divided within their community.

Mr. West explained to Ms. Russell that this property is already split between two land uses at this time. Chairman McLain explained to her that the County’s position is not to support involuntary annexations and would oppose the City doing so without permission.

Commissioner Morris corrected the Record that this property is not in the East Rural Area, but is in the Urban Service Area.

Walter Meriwether, Jr., 3471 E. Celery Avenue, addressed the Board to state with the things Mr. McIntosh brought out and the traffic concerns they have now, as Commissioner Henley noted, they should get the City agreements before they move on. He said maybe the traffic situation would be addressed.

David Terwilleger, 4020 Chickasaw Drive, addressed the Board to state his interest in the area is long-term. He gave his family history in Sanford. He stated he would like to see something that’s geared towards upscaling the area and not taking a short-term view of making a lot of money and building a lot of houses in the area. He said they need good, quality upscale development and to look out for the area. He thinks if they take the Phase 2 and put it on the 415 Corridor and require access on 415, that would be much more likely to improve development in that area. He said having intense development against what is hopefully going to be low density residential will be a much greater benefit to him and his family.

Becky Mizzell, 2790 Celery Avenue, addressed the Board to ask what kind of restrictions are on conservation easements and what kind of uses and non-uses are available.

Deputy County Attorney Steve Lee addressed the Board to answer Ms. Mizzell.

Ms. Mizzell advised that there is a conservation easement in Sanford Trails Estate, and several buildings have been built there because someone failed to do the research. Whereupon, Chairman McLain stated she can address that issue through the Building Department. He said Mr. West would accommodate her with this.

Ms. Mizzell said she thinks there are too many issues they are trying to pass tonight, and the Board needs to consider having an informal meeting with the residents and go through a list of what they want and will approve. This should be done before another formal meeting is held with the BCC. She explained one issue is the road, which is so narrow, and she doesn’t think anyone has a clue what kind of impact that will be with the planned 600 homes east of Mellonville Avenue. She said the historic houses need to be taken into consideration, and some houses have buildings that would prohibit moving the houses back to widen the road. She said the traffic and drainage need to be taken care of before any of this is done.

George Wallace, 700 W. First Street, representing Carol Woodall, Trustee to the Minnie Meriwether Trust and heir-beneficiary of the F. T. Meriwether Estate, addressed the Board to state regarding Area 1 that the Meriwethers are substantial landowners in this area. He showed on the map (not received and filed) the property owned by his client and the estate. He said his client is in favor of the staff recommendations and encourages the Board to continue with the transmittal to DCA, with the understanding that the interlocal agreements need to be completed with the City of Sanford.

Jay Marder, City of Sanford, addressed the Board to state the City of Sanford is very interested in having this agreement. They see this as advantageous to all. He said he really believes that the County has put some things in the agreement that the City might not necessarily do on their own, like the three dwelling units per acre and the takeover of the road. He said it would be advantageous for the County to transmit to DCA, because this is putting some pressure on the City to go ahead and do some good planning. He urged the Board to move ahead and said he is pretty confident the City and County will be able to work out the intergovernmental agreement, and he thinks it will be in everyone’s best interest to do so.

Upon inquiry by Chairman McLain, Mr. Marder said he understands that the County would expect the City to honor any conditions of the interlocal agreement before it is brought back for final approval.

Commissioner Henley said he doesn’t understand why sending an incomplete agreement to DCA would put any more pressure on Sanford than the Commission deciding not to transmit until the City has agreed. Mr. Marder responded that the interlocal agreement is additional information, and DCA is basically going to look at the overall land use compatibility and level of service, etc. They will see that concurrency is in place and that there is an agreement with the City and it will be modified to deal with the situation. He said most of the public meetings have been at the County level, and the City has not had any public meetings. He thinks it would be a different situation when they do so, and the County is giving the City the impetus to make the considerations and a decision.

Marguerite Terwilleger, 4020 Chickasaw Drive, addressed the Board to ask for clarification on three houses per acre or three houses per developable acre. Chairman McLain advised the County requires three per net buildable acre.

No one else spoke in support or in opposition.

The Speaker Request and Written Comment Forms were received and filed.

Minutes from the P&Z meeting of February 5, 2003, were submitted into the Record by staff.

Commissioner Morris said he agrees that the County would have to reach agreement with the City of Sanford on a variety of development conditions that would be far more restrictive than what Sanford currently allows. They have to reach agreement on the roadway and the overlay standards. He said it seems the natural thing would be to hear from the State of Florida, as has been done in the past.

District Commissioner McLain said if it would make the Board more comfortable to wait until the City approves the agreement, he would not object to continuing this item until the agreement is in place and then brought back to the Board for final determination. The Board would not reopen the public hearing at that time.

Mr. West advised Commissioner Morris that the staff’s intent was to transmit this amendment to DCA after March 11 along with two other pending amendments.

Commissioner Van Der Weide said he would like to see the City move first and see some assurances from the City on the Record. He thinks it would be smart to continue this and see what they have before the Board makes a decision.

Commissioner Henley asked if once they get the agreement, could the Board direct County staff, along with the City staff, to meet with the representatives of the residents before this comes back before the Board. Whereupon, Chairman McLain said in the motion the Board could direct staff to communicate with the speakers in attendance tonight about the issues of the agreement with the City of Sanford.

Upon inquiry by Commissioner Maloy about how this can be handled without reopening the public hearing, Mr. McMillan said the staff could come back with a proposal and then the Board could ask questions. Chairman McLain asked Mr. McMillan to evaluate doing this and make a recommendation to the Board on how to handle it

Commissioner Maloy said he doesn’t buy the argument that changing to low densities is going to give a better quality development. He gave his personal example with his property and said he thinks you can have high quality with Suburban Estates. He has concerns with this for the potential to leapfrog development. He said he couldn’t imagine how they are going to open this amount of property without providing the basic infrastructures. He does not have a comfortable feeling that this road is going to be a quality road that can handle that much development. He said he does not have any confidence that the City of Sanford is going to be able to maintain it when they can’t agree for a drainage pipe in front of the County Services Building.

Commissioner Morris answered that the issue is not what the County is going to change the land use to, but the reason why the County would change the land use under the annexation proposal. He said he concurs with Celery Avenue being developed.

Under discussion with Commissioner Henley, Commissioner Morris asked Mr. McMillan what is the recourse by the State, the citizens, and the County if the interlocal agreement were under DCA’s compliance and the City did not comply with it.

Mr. McMillan said the County would have to sue the City to require compliance. He said he doesn’t know if DCA would have any rights. Whereupon, Mr. Grace said he thinks DCA would look to the County to enforce the interlocal agreement. Commissioner Morris requested Mr. McMillan to research what would be DCA’s enforcement.

Commissioner Maloy asked if the County couldn’t work out an interlocal agreement, couldn’t they lock into their own land use at the new designation.

Don Fisher, Planning & Development Director, addressed the Board to state there is more than one way to identify the 2.5 dwelling units per acre along the Myrtle Street areas. From a developer’s standpoint, he doesn’t believe a new land use designation is the best way to go. There could be policies and overlay districts that would be more appropriate. He said if the Board didn’t apply the land use, they could apply something unique to this site that’s unique from the one on Myrtle. This is the Board’s decision.

Commissioner Henley directed staff to get the three units per acre defined in the interlocal agreement before it comes back to the Board.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue the Administrative Large Scale Land Use Amendment from Suburban Estates to Low Density Residential for approximately 538 acres (Section One) located on the north and south sides of Celery Avenue, until such time as staff brings back to the Board from the City of Sanford the agreements discussed; with all comments tonight by the Commissioners.

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

Commissioner McLain abstained from voting.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue the Administrative Large Scale Land Use Amendment from Suburban Estates to Mixed Development for approximately 94 acres (Section Two) located on the south side of Celery Avenue, until such time as staff hears back from the City of Sanford with the necessary agreements in place.

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

Commissioner McLain abstained from voting.

CITIZEN INPUT

Alma Vogel, 1750 Markham Woods Road, addressed the Board to report on the research she has done within the past two weeks with the State, the Environmental Protection Agency, and surrounding counties regarding neighborhood burning.

Chairman McLain advised the Board has instructed staff to evaluate the County ordinance. Mr. Grace has said this is in the process and he will report back to the Board when they are prepared to consider that action.

The Speaker Request Form for Ms. Vogel was received and filed.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:45 p.m., this same date.

ATTEST: ________________________Clerk __________________Chairman

er/slm/cc

AWARDS & PRESENTATIONS

REGULAR AGENDA

COUNTY ATTORNEY’S REPORT

Litigation

Property Acquisition

LEGISLATIVE UPDATE

COUNTY MANAGER’S REPORT

CONSENT AGENDA

County Manager

6. Adopt appropriate Resolution #2003-R-51, as shown on page _________, amending the Seminole County Administrative Code to incorporate the Economic Development Department and modify the Planning and Development Department structure.

Economic Development

Environmental Services

Billing Office

9. Authorization to file suit against Kimmins Corporation of Tampa for the return of funds paid in error, attorney’s fees and costs allowed by law and other appropriate remedies.

Business Office

Fiscal Services

Budget

Purchasing

26. Approve Amendment #11, as shown on page _________, to PS-332-96/BJC - Engineering Services for Lake Emma Road, with Bowyer-Singleton & Associates, Inc., Orlando (Time Extension).

27. Approve Amendment #2, as shown on page ________, to RFP-484-00/BJC – Consultant Services Agreement for Management of the Seminole County’s Road, Stormwater and Traffic Facility Systems, with LA Associates Consulting, Inc., El Segundo, CA ($237,259.00).

28. Approve Changes to Agreement, as shown on page ________, for RFP-4145-02/BJC – Bus/Transit Shelter design, fabrication, installation, operation, repair and maintenance and advertisement for Seminole County, with Culvert Amherst, New York (Changes to standard contract language).

29. Approve Amendment #1, as shown on page ________, to RFP-4171-02/BJC – Wide Area Network Managed Optical Services Agreement, with Siemens Information and Communication Networks, Inc., Orlando ($155,501.00) (Time Extension).

30. Approve First Renewal to AB-3009-01/GG – Demolition and Boarding up of Structures, with Global Demolition & Recycling, Inc, Orlando (Primary), and H. B. Walker, Inc., Orlando (Secondary) and establish a Not-To-Exceed amount of $320,000.00 per year for the three (3) one-year renewal options.

31. Approve Amendment #2 to A/B-378-99/GG for Annual Bid Agreement for Hot & Cold Asphaltic Concrete with Orlando Paving Company, Orlando (12-month Time Extension for $3,828,646.00).

Information Technologies

Telecommunications

33. Approve and authorize Chairman to execute Shared Public Service Radio Communications Interlocal Agreement, as shown on page ________.

Library & Leisure Services

Library Services

34. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _______, for Reciprocal Borrowing between Lake County Library System and Seminole County.

Planning & Development

Community Resources

36. Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page ________, for Gordon L. & Shelly L. Deans, for a household assisted under the SHIP Program’s Home Ownership Assistance Program.

Public Works

Engineering

37. Adopt appropriate Resolution #2003-R-56, as shown on page _________, accepting a Quit Claim Deed, as shown on page _________, from Roger M. Young and Linda Young to Seminole County for property necessary for roadway improvements to Orange Ave.

Tourism Development

38. Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and the Central Florida Sports Commission, Inc., for three years in the amount of $95,500 per year.

39. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and World Sports and Marketing, LLC for the 2003 US Pro Wakeboard Tour in the amount of $10,000.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

CLERK’S OFFICE

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

REGULAR AGENDA

COUNTY MANAGER’S BRIEFING

2003 TRANSPORTATION PROGRAM UPDATE

PROOFS OF PUBLICATION

PUBLIC HEARINGS

SMALL SCALE LAND USE AMENDMENT & REZONE

FROM PUD to R-1A & OP TO PUD, THOMAS DALY

COMMUNICATIONS AND/OR REPORTS

PUBLIC HEARINGS

AMENDMENT FROM SE TO LDR AND

MIXED DEVELOPMENT/SEMINOLE COUNTY

CITIZEN INPUT

Purchas ing

37. Adopt appropriate Resolution #2003-R-56, as shown on page _, accepting a Quit Claim Deed, as shown on page _, from Roger M. Young and Linda Young to Seminole County for property necessary for roadway improvements to Orange Ave.