#43, Second Amendment to the Third Amended and Restated Development Order for HIBC, has requested a continuance until May 10, 2005. He added the applicant for Item #46, Dock and Boathouse Construction, is requesting a continuance to March 22, 2005.

Upon inquiry by Chairman Henley, Commissioner Morris advised he does have objections to continuing Item #43.

District Commissioner Carey stated she has asked the applicant to not come forward until they get everything together and are totally prepared to come forward. She stated she believes there were some things that they were trying to tweak and that is why they are asking for a 60-day continuance. She added she will support the continuance.

Upon inquiry by Commissioner Morris, Chairman Henley advised he has asked Don Fisher, Deputy County Manager, to prepare a policy relating to continuances. He stated he agrees that the applicant doesn’t need to come forward if he is not ready, but he shares Commissioner Morris’ concerns. He said he feels the Board needs to send a message to the applicant that he does not come before the Board until he is ready.

Commissioner Dallari asked if they can see the proposed policy before the next meeting.

Chairman Henley stated if the Board would like to add some of their concerns, feel free to contact Mr. Fisher.

Commissioner Morris stated the Board has tried to resolve issues relating to night time hearings versus day time hearings. This agenda is a perfect case as to why they are not agendatizing these issues appropriately. He stated he has not heard any controversy on the two items scheduled for this evening and they appear to be nonsubstantial. He said he is missing the logic of scheduling items that deal with schools, etc. during the afternoon meeting and two minor subdivision items are scheduled for the evening.

Chairman Henley stated most of the night time hearings are requested by a particular commissioner wanting it to be heard at night. He stated he and Mr. Grace can spend more time in reviewing the issues, but it would be helpful letting them know before hand to make the adjustment.

Mr. Grace stated there is a certain amount of art in trying to figure out whether the items are controversial or not. Staff tries to use P&Z hearings as a gauge as to whether they are controversial or not. He stated if the Board’s direction is to advertise everything in the afternoon, unless it is required by law, staff can do that.

Commissioner Morris stated he thought that was the way they were headed before unless there were full agendas. He stated this is a case where they do not have a full agenda and these two are not controversial. He said the disadvantage is there are senior citizens who prefer having the hearings during the afternoon rather than at night, but there are working people who want them held at night.

Mr. Grace stated the difficulty with that in the past is if they are held in the afternoon, the people who work during the day complain that they couldn’t attend, but there are other people who could not attend during the evening.

Chairman Henley stated he feels it is not fair requiring staff to come back at night when an item on the agenda would only take five minutes or so.

Upon inquiry by Commissioner Carey, Mr. Grace advised staff needs to know at least three weeks ahead of time before the meeting to agendatize a public hearing. He stated he feels it is going to be difficult to do it on a request basis unless they know it is a controversial item.

Commissioner Morris stated he doesn’t believe it would be hard to figure out if an item appears to be controversial at the Planning & Zoning (P&Z) hearings.

Chairman Henley requested staff to contact the residents about this meeting’s continued item.

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

Economic Development

1. Adopt appropriate Resolution #2005-R-37, as shown on page ________, approving issuance of First Mortgage Revenue Bonds (Trinity Preparatory School of Florida, Inc. Project) to finance the costs of the acquisition, construction, and equipping of education facilities in Seminole County.

Environmental Services

Solid Waste Management

2. Adopt appropriate Resolution #2005-R-38, as shown on page ________, establishing Service Areas No. 1, No. 2, and No. 3 for the provision of Residential Solid Waste Collection Services.

3. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity, as shown on page ________, for Weeks and Weeks Waste Services, Incorporated, d/b/a Maddox Waste Services.

4. Approve and authorize Environmental Services Director to execute Street Lighting Agreement for new light to be installed at the Central Transfer Station entrance.

Fiscal Services

Grants Administration

5. Approve and authorize Chairman to execute for submittal a Competitive Grant Proposal, as shown on page ________, to the Department of Health, Bureau of Emergency Medical Services for the Wireless Patient Reporting System for the Seminole County Fire Department.

Purchasing

6. Pulled from the agenda request to approve Amendment #1 to CC-1222-03/TLC – Continuous Contracts for Public Works Minor Construction – Construction Costs less than $500,000.00 to Central Florida Environmental Corp., JCB Construction, Inc., American Persian Engineers & Contractors, Inc., and Schuller Contractors, Inc. (Cost Increases to Line Item Prices).

7. Approve Deductive Change Order #8, as shown on page ________, ($39,840.00), accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page ________, for CC-1193-02/BJC – Wilson Landing Park Construction.

8. Approve Ranking List; Authorize Negotiations, and Award PS-5174-04/AJR – Master Agreement, as shown on page ________, for Hydrogeologic and Well Construction/Repair Services to Connect Consulting, Inc., of Wellington.

9. Approve Amendment #1, as shown on page _______, to PS-577-00/BJC – Construction Engineering & Inspection Services for Dodd Road Expansion with HDR Construction Control Corp., Winter Park, Florida ($127,319.50); and authorize the County Manager to execute same.

10. Award four (4) Agreements, as shown on page ________, for RFP-4232-04/TLR - General Consulting Services for Comprehensive Planning to: Calvin, Giordano & Associates of Orlando; Carter Burgess of Orlando; Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. of Orlando; Land Design Innovations of Winter Park; (estimated $150,000.00 per year all consultants combined).

11. Award four (4) Agreements, as shown on page ________, for RFP-4233-04/TLR – General Consulting Service for Transportation Planning/Technical Transportation Planning to: Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc., of Orlando; GMB Engineers & Planners, Inc., of Orlando; Leftwich Consulting Engineers, Inc. of Orlando; and Tindale-Oliver & Associates of Tampa (estimated $150,000.00 per year all consultants combined).

12. Award RFP-4227-04/GMG, as shown on page ________, Vending Agreement for Snacks, Drinks and Hot/Cold Food Vending for Seminole County Services Building, Courthouse and Criminal Justice Center, to Snack Time Vending, Inc., Longwood, Florida (15% commissions on snacks and beverages); and authorize the County Manager to execute same.

13. Approve Amendment #4, as shown on page ________, to RFP-4128-01/BJC – Lake Drive Major Road Appraisal Services with Clayton, Roper & Marshall of Altamonte Springs, Florida for $53,000.00; and authorize the County Manager to execute same.

14. Pulled from the agenda request to Approve Mutual Termination for RFP-4229-04/GMG – Mobile Unit Concession Operations Agreement for Seminole County Red Bug Lake Park, with P.T. Enterprises, Apopka and Award Agreement to Smooth Sunshine, Casselberry, Florida (20% commissions of gross receipts).

15. Pulled from the agenda request to Approve Mutual Termination for RFP-4230-04/GMG – Mobile Unit Concession Operations Agreement for Seminole County Sylvan Lake Park to P.T. Enterprises, Apopka and Award Agreement to Fred’s Franks, Winter Springs, Florida (15% commissions of gross receipts).

16. Approve Amendment #5, as shown on page ________, to M-56-98/BJC – Utility Relocations for SR 434 Phase II to Rocket & Associates of Orlando, Florida ($34,899.00); and authorize the County Manager to execute same.

MSBU

17. Approve and authorize County Manager to execute Street Lighting Agreement, as shown on page _________, between Seminole County and Florida Power & Light for the installation of street lights in the Hanover Woods Street Lighting Municipal Service Benefit Unit.

Planning & Development

Community Resources

18. Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page _________, for households assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program, for the following: Sheri Michelle Rosenbert; Gilda Corrales; Ann Marie Givans; Gail Jackson & Mary Ann Jackson; Luis & Flora Acevedo; and Dwayne L. & Brandi Hayes.

19. Adopt appropriate Resolution #2005-R-39, as shown on page ________, renaming a portion of Artesia Avenue/Street to Panther Street to eliminate confusion regarding E 9-1-1 emergency response.

Development Review

20. Approve release of the following Performance Bonds for Lake Forest Section 13A (Orlando Lake Forest Joint Venture): (1) Bond #5009163 in the amount of $65,056.42 for water and sewer from Bond Safeguard Insurance Company; and (2) Bond #5009162 in the amount of $157,430.75 for roads, streets, and drainage from Bond Safeguard Insurance Company.

21. Approve release of the following Performance Bonds for Roads, Streets, and Drainage and Water and Sewer for Lake Forest Section 14 (Orlando Lake Forest Joint Venture) (1) Bond #5009165 in the amount of $213,059.22 from Bond Safeguard Insurance Company; and (2) Bond #5009164 in the amount of $1,099,932.35 from the Bond Safeguard Insurance Company.

22. Approve release of Developer’s Cash Completion Bond for road improvements for Mills Cove Subdivision located on the south side of Brumley Road and the north side of Lake Mills Road (David E. Axel).

Public Works

Roads-Stormwater

23. Approve release of the following Road Maintenance Bond #98SB 103700939 in the amount of $8,090.57 for the project known as Heather Glen; and Maintenance Bond #28566 in the amount of $25,555.32 for the project known as Bear Gully Subdivision.

Tourism Development

24. Approve and authorize Chairman to execute Memorandum of Understanding, as shown on page ________, between Seminole County and Sanford/Seminole Chamber of Commerce, Metro Orlando Economic Development Commission, Sanford Airport Authority and Orlando Sanford International, Inc. in the amount of $7,200 to staff two visitor information booths at the Orlando Sanford Airport.

25. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and the Central Florida Sports Commission for the Florida Youth Soccer Association President’s Cup Tournament in the amount of $5,000.

Districts 1, 2, 4 and 5 voted AYE.

COUNTY ATTORNEY’S CONSENT AGENDA

Motion by Commissioner Carey, seconded by Commissioner Dallari to authorize and approve the following:

Litigation

26. Approve proposed settlement relating to Parcel Number 115, James F. and Sandra K. Outlaw/John T. Cathcart property, of the Lake Drive road improvement project, located on the north side of Lake Drive 1/4 mile west of Tuskawilla Road, in the amount of $79,010.00, inclusive of all costs and statutory attorney’s fees.

27. Approve proposed settlement relating to Parcel Number 816, Estate of James Stewart property, of the County Road 427, Phase I road improvement project, located at 2651 Ronald Reagan Boulevard, in the amount of $1,000.00, inclusive of all land value, severance damage and statutory interest.

28. Approve proposed settlement relating to Tax Parcel Number 16-19-30-5AB-0200-0040, a 14,249 sq. ft. permanent drainage easement over the Bradwell property of the Lockhart-Smith Canal project, located at 950 Halsey Avenue, in the amount of $45,000.00, inclusive of all land value, severance damage, statutory interest attorney’s fees and costs.

29. Approve proposed settlement and execute Purchase Agreement, as shown on page ________, relating to Tax Parcel Number 16-19-30-5AB-0200-004B, a 7,588 sq. ft. permanent drainage easement over the Bradwell property of the Lockhart-Smith Canal project, located at 955 North Oregon Street, in the amount of $30,000.00, inclusive of all land value, severance damage, statutory interest, attorney’s fees and costs.

30. Approve proposed settlement and execute Purchase Agreement, as shown on page _________, relating to Tax Parcel 16-19-30-5AB-0200-005A, a 35,904 sq. ft. permanent drainage easement over the Bradwell/Paris property of the Lockhart-Smith Canal project, located on the east side of Oregon Avenue, in the amount of $70,000.00, inclusive of all land value, severance damage, statutory interest, attorney’s fees and costs.

Property Acquisition

31. Subordination of Utility Interest Agreement, as shown on page ________, between the County and Florida Power Company d/b/a/ Progress Energy Florida, Inc., relating to Parcel Numbers 116/716A/716B and 117/717 of the Lake Drive road improvement project.

32. Authorize Binding Written Offers/Offers of Judgment relating to Parcel Numbers 101, Aroldo & Maria Nova; #103, Randall & Norma Demott; #109, James & Anna Kligopoulos; #111, Karen Lukas; and #718, Noe & Isabel Alvarez of the Eden Park Avenue road improvement project.

Districts 1, 2, 4 and 5 voted AYE.

Chairman Henley advised that Commissioner Van Der Weide is not in attendance today because he is ill with pneumonia.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

33. Expenditure Approval Lists, as shown on page ________, dated February 7 & 14, 2005 and Payroll Approval Lists, as shown on page ________, dated January 27 and February 10, 2005.

34. Chairman to execute Satisfaction of Judgment/Court Costs for Robert Joseph Carmondy, Case #03-1266-CFA - $328.

35. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:

Robert E. Boyd & Accredited Surety & Casualty - $555

Sean B. King & Accredited Surety & Casualty - $555

Chenoa Townsend & Accredited Surety & Casualty - $1,055

36. Approval of Official Minutes dated February 8, 2005.

37. Noting, the following Clerk’s “received and filed”:

1. Ninth Amendment, as shown on page ________, to PS-331-95, Engineering Services Agreement for Lake Drive.

2. Work Order #1, as shown on page ________, to PS-5170-04.

3. PS-5178-05 Basic Contract, as shown on page _________, with Reiss Environmental, Inc.

4. Second Amendment, as shown on page _________, to IFB-3089-04, Sun Belt Medical/Emergi-Source.

5. Notice of Intent to Participate with Montclair Community Association, Inc. and Mr. Larry Kaufmann & Mr. James T. West relating to application for a telecommunications tower site plan.

6. Development Orders, as shown on page _________, as follows: #04-31000030 Sparks Special Exception; #05-31000004 Driskell Special Exception; #04-30000177 Wilson Variance; #04-30000173 Bernstein Variance; #04-30000170 Lomberk Variance; #04-30000174 Phanstiel Variance; #04-30000169 Coronado Variance; #04-30000159 Ortiz Variance; #04-300000172 Georgi Variance; #04-300000176 Marimon Variance; #04-30000178 Skees Variance; #04-30000179 Leete Variance; #04-30000180 Gibbs Variance; #04-31000031 Stewart Special Exception; and #04-3200037 IOA Properties Special Exception.

7. Utility Agreements, as shown on page ________, for water and sewer services with Trio Investment Group for the project known as Stone Retail Center.

8. Bill of Sale, as shown on page ________, accepting water and sewer within the project known as Colonial Town Park Ph 1 & 2.

9. Grant Award Agreement, as shown on page ________, with Florida Communities Trust for the Jetta Point property.

10. Windscreen Construction Agreement Bid 2005-04/DRS, as shown on page ________, with Home Systems D/B/A Roll-a-way of Central Florida.

11. Letter from Sarah Mijares, Longwood City Clerk, to Maryanne Morse, Clerk of Circuit Court, submitting a copy of annexation ordinance adopted by the City of Longwood.

12. Documents, as shown on page ________, submitted from the County Attorney’s Office as follows: Elder Creek/C-15 - Warranty Deeds/Joseph & Rosemary Cepuran and Lewis & Carolyn Durak, and Title Insurance Corporation Policies; Lake Drive - Warranty Deeds/Elmer & Barbara Bakalla, James & Rose Hunter (2), Lowell Meyers, Daniel & Jacqueline Guenther, Desmond & Jennifer Assam, Walter & Jill Stephens, Thomas Murphy, Nova Thompson (2), Temporary Construction Easement/Daniel & Jacqueline Guenther, and Title Insurance Corporation Policies (10); Eden Park - Warranty Deed & Title Insurance Corporation Policy/Jim Cannon.

13. Amendment #2, as shown on page ________, to Work Order #1 to PS-5140-03.

14. Work Order #3, as shown on page ________, to RFP-4108-01.

15. Work Orders #5 & #8, as shown on page _________, to PS-5165-04, Metric Engineering.

16. Work Order #10, as shown on page ________, to PS-5165-04, PEC, Inc.

17. Work Order #4, as shown on page ________, to PS-5165-04, HDR Engineering, Inc.

18. Work Order #7, as shown on page ________, to PS-5165-04, WBQ Design & Engineering, Inc.

19. M-474-04 Basic Contract, as shown on page _________, with Biological Research Associates.

20. M-481-05 Basic Contract, as shown on page _________, with Real Estate Research Consultants.

21. M-479-05 Basic Contract, as shown on page _________, with Geotechnical and Environmental Consultants, Inc.

22. IFB-3066-03 Assignment of Tire Waste Processing Agreement, as shown on page _________, with Affordable Tire, Inc.

23. Third Amendment, as shown on page ________, to RFP-4132-01.

24. Letter to Sandy McCann, Commission Records, from Charles Fletcher, de la Parte & Gilbert, P.A., submitting original closing binder, as shown on page ________, for Seminole County’s purchase of the water utility from Florida Water Services Corp.

25. Title Opinion, as shown on page ________, for AmSouth Bank at Hunters Landing.

26. Maintenance Agreement, as shown on page ________, for water and sewer improvements in the amount of $16,826.39 for the project known as Astor Farms Ph 3.

27. Maintenance Bond #58625165, as shown on page ________, in the amount of $5,203.44 for the project known as Colonial Town Park Phase 2.

28. Performance Bond #40092848, as shown on page ________, in the amount of $1,836,548 for the project known as Bella Florista.

29. Performance Bond, as shown on page ________, in the amount of $534,419.90 for the project known as Ellington Estates.

30. Bids, as shown on page ________, as follows: IFB-3101-05; #2114-05; and Presentation Handouts for PS-5174-04.

Sheriff’s Office

38. Approve Sheriff’s Office to utilize $16,000 from the Law Enforcement Trust Funds to provide funding for “Project Graduation” in the amount of $2,000 each for the following high schools for their celebration: (1) Lake Brantley High School; (2) Lyman High School; (3) Lake Howell High School; (4) Oviedo High School; (5) Lake Mary High School; (6) Seminole High School; (7) Winter Springs High School; and (8) Crooms Academy High School.

Districts 1, 2, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

Sally Sherman, Deputy County Manager, and Steve Lee, Deputy County Attorney, addressed the Board to give an update on the Car Rental Surcharge and the requirements for installation, inspection and maintenance of fire hydrants. Copies of the handouts were received and filed. Miss Sherman stated the regular session with the Legislature begins today and staff will provide the Board with the necessary information when they receive it. The County’s lobbyist, Bobby Brantley, will provide the Board with weekly updates. Ms. Sherman began by discussing the draft bill relating to the $2 car rental surcharge.

Upon inquiry by Chairman Henley, Ms. Sherman advised the 3% administrative charge will go to the County.

Steve Lee, Deputy County Attorney, informed Commissioner Carey that the modifications to this bill will be an add-on to an existing bill. The Metropolitan Planning Organization (MPO) is spearheading it and the County is running along with them supporting it. He stated the lobbyists for the County, MPO, and Orange County felt that creating a stand alone bill would draw more focus or attention to it than it needs.

Mr. Lee informed Chairman Henley that he will find out who has attempted to place it as an add-on.

Commissioner Morris stated the rental car company lobbyists feel that they have this defeated under any circumstance.

Ms. Sherman continued by reviewing the latest information on the private fire hydrants. Staff has received an amendment to HB 267 requiring that all owners of private hydrants to have them tested. During testing, if they find a hydrant inoperable, they are supposed to report it to the local jurisdiction and they must do the necessary repairs.

Mr. Lee stated staff has been working on the Deferred Compensation issue and late last week the head of the State Deferred Compensation Program got in touch with Eric Thorn to ask for a fee schedule. They received the information yesterday and it was passed on to the State Deferred Compensation office.

REGULAR AGENDA

Suzy Goldman, Library & Leisure Services Director, addressed the Board to request approval of the Seminole County Tennis Program; Waiver of the Purchasing Code pertaining to Contractual Agreements with Tennis Pros; Authorization for Library & Leisure Services Director to execute Contractual Agreements with Tennis Pros; and Delegation of Termination Authority to Library & Leisure Services Director.

Discussion ensued between Commissioner Dallari and Ms. Goldman relative to whether there is a need for more detailed annual criminal background checks.

Motion by Commissioner Carey, seconded by Commissioner Morris to approve the Seminole County Tennis Program; Waiver of the Purchasing Code pertaining to Contractual Agreements with Tennis Pros; Authorization for Library & Leisure Services Director to execute Contractual Agreements with Tennis Pros; and Delegation of Termination Authority to Library & Leisure Services Director.

Districts 1, 2, 4 and 5 voted AYE.

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David Medley, Community Assistance Manager, addressed the Board to present request for approval of the Community Service Agency Partnership Contract for the Central Florida YMCA. He stated the Dedication Ceremony for the Midway Safe Harbor Program was scheduled for March 5, 2005 and the YMCA’s Safe Harbor Program will begin providing services during the first part of April.

Commissioner Carey stated she and Chairman Henley attended the opening on Saturday and it is a great facility for the community of Midway.

Chairman Henley stated there was great support from the business community as well as everyone else.

Motion by Commissioner Carey, seconded by Commissioner Morris to approve the Community Service Agency Partnership Contract, as shown on page _______, for the Central Florida YMCA.

Districts 1, 2, 4 and 5 voted AYE.

COUNTY MANAGER’S BRIEFING

Chief Ken Roberts, Public Safety Director, addressed the Board to give an overview of Seminole County’s preparedness, response and recovery efforts and strategic action items that will enhance the County’s ability to respond during a disaster.

Alan Harris, Operations Manager for Emergency Management, addressed the Board to thank all the organizations and nonprofit organizations, as well as the utility companies, in playing a critical role in the response of the hurricane (Charley, Frances and Jeanne) efforts that occurred in 2004. He displayed a PowerPoint Presentation (received and filed) and reviewed the Preface/Introduction. He stated the 2004 hurricane season was one of the busiest hurricane seasons to hit the State of Florida. He continued by stating the Seminole County Emergency Operations activation took place during these events; the Seminole County Comprehensive Emergency Management Plan was used during this process as well as an after-action meeting was held to discuss recommendations for improvements at the Emergency Operations Center (EOC). He reviewed the Disaster Preparedness relating to Statewide Hurricane Exercise, training of staff (emergency responders and non-emergency responders), coordination and communication review, EOC improvements, and public education and information. He displayed and reviewed the Weather Forecasting for 2004 relating Unusual Outlook and Long-range Outlook. He reviewed the Overview relating to What they Learned from Hurricane Charley, Hurricane Frances, Hurricane Ivan and Hurricane Jeanne. He stated the Major Issues were Debris; How they can improve Special Needs; Shelter Management and Operations; and the critical need of Water/Ice/Food.

Upon inquiry by Chairman Henley, Mr. Harris advised the EOC’s Citizens Information Line now has bilingual personnel who can provide information links to those who are bilingual. He stated there is still a need for bilingual personnel at the shelters. That is a big initiative for the American Red Cross and Emergency Management will continue to approach the Red Cross to get those types of personnel.

Chairman Henley stated he feels that is something that needs to be worked on.

Mr. Roberts advised staff will follow up on that.

Mr. Harris continued by reviewing Public Information relative to working on how they can get SGTV in the Orange County market and how they can better utilize an AM/FM frequency to broadcast emergency information when a disaster starts to approach.

Upon inquiry by Commissioner Carey, Mr. Roberts advised he believes the Community Information Department is exploring the Spanish channels as well as AM frequency.

Mr. Grace stated if the County is in the same situation today, they would have to do the same thing they did the last time, which is working closely with Station 540. He stated the Spanish station in Sanford broadcasted the press releases.

Mr. Harris and Commissioner Dallari discussed the issue of when the cable connection to Orange County will be resolved.

Upon inquiry by Chairman Henley, Commissioner Morris advised the County does not have negotiations with Bright House Networks contract at this time but they will do it later this the year.

Commissioner Dallari stated he feels this would be a very good issue to discuss during negotiations.

Mr. Roberts informed Chairman Henley that staff is looking at putting portable AM-type radios in the shelters.

Mr. Harris stated there is a critical need for Public Education and Mitigation. He explained how they can look at that.

Chairman Henley recessed the meeting at 10:25 a.m., reconvening it at 10:35 a.m.

Mr. Harris continued his presentation by reviewing the Power Outages.

Commissioner Dallari stated Progress Energy was always at the EOC during the briefings. He asked if staff could get a commitment from Florida Power & Light (FPL) to make sure they will be at the EOC.

Commissioner Morris stated during the first two hurricanes, the County couldn’t obtain any information from FPL as to when they would come back on line with their grid issues. Once they did indicate when they would come back on line, it was due to the media pressure. He stated the County had significant complaints about FPL. He said the FPL crews did work very hard in getting their lines back up but their bedside manner was anything but kind and informative.

Commissioner Carey stated staff needs to make sure that the hospitals are included in the protocol for FPL.

Upon inquiry by Commissioner Dallari, Robert McMillan, County Attorney, addressed the Board to advise the County does not have a franchise agreement with any of the power companies. The cities franchise the power companies.

Commissioner Dallari stated the bottom line is how they serve the public and it is an issue if a power company is not being proactive. Therefore, the County needs to be proactive to correct that.

Upon inquiry by Commissioner Morris, Mr. Harris advised Bright House Networks did send a representative during the third hurricane.

Mr. Roberts stated Bright House did send in additional crews. Once they coordinated with the utility companies they were back up on line.

Mr. Harris continued by reviewing the Flooding Issues; Traffic/Transportation Issues; and Emergency Operations Center. He reviewed the following: Strategic Action Items relating to Transportation and Transportation Resources; Communication relative to Citizen’s Information Line, On Hold Recorded Messages, and Wireless Capability in EOC; Traffic Signals Without Power or Generator Power; Damage Assessment Information; Damage Assessment Kits; Shelter Staffing; Resource Support relating to Fuel and Power/Electrical Resources; Health Services/Medical relating to Special Needs Shelters, Discharge Plan for Special Needs Shelters, Crisis Information, and Staffing of Special Needs Shelters; and Utility Services relating to Lift Station Power and Communication. He concluded by summarizing the 2004 Hurricane Season; Communication/Coordination; and Preparedness/Mitigation.

Upon inquiry by Commissioner Dallari relative to hotel room management between Seminole, Orange, Volusia and Brevard counties, Mr. Harris advised the Seminole County Tourism Development organization played a key role in the Emergency Management Office and staff is restructuring how they will fit into this.

Upon further inquiry by Commissioner Dallari, Mr. Harris advised there is a greater need for interactive connectivity between the different EOCs in the cities and counting. He stated there is a grant through the Regional Domestic Security Task Force for video conferencing between all the regional counties and he hopes to have that on-line by the next season.

Commissioner Morris stated the one thing that they have discussed is wiring all of the city halls and city public safety departments into the County’s fiber optic system. The issue of planning for this next hurricane season is if there is additional paper work regarding the after incident reports, he would like to see them in more detail. He stated this does not cover any data, personnel or any in-depth of what the communication problems were. The internal governmental communications were somewhat limited and the communication between the Sheriff’s office and the County’s operations still had issues. That is something that needs addressing as well as the radio stations. After each incident occurred, the public was clueless as to what was the curfew. He stated he feels there is a public phase that still isn’t covered and a fundamental part of the Public Safety and Sheriff’s operation that deal with getting a mission but did not communicate enough. He asked that the Chairman or his designee be a part of next season’s process. The After Incident brochure does not cover the Sheriff’s Office and he would like to see what the Sheriff has regarding this. He also would like to see the statistical facts of the process. The public information campaigns done by the cities were much faster than the County.

Mr. Grace stated staff tried very hard to make the communication that they put out encompass the whole county. He stated staff invited the cities to come to the press conferences during the events and approximately three or four cities attended. He said staff tried to provide a forum for the cities to discuss directly. He added he feels they need to find a better way of integrating the cities and County’s response and communication. He stated this information could be discussed during the Mayors/Managers meeting to see how they can overcome that.

Commissioner Morris asked if the County sat down with the cities to see what occurred.

Mr. Harris advised the cities attended the after-action meetings and some provided information.

Chairman Henley stated he feels this is something that they can take up with the Mayors and Managers. He stated they can schedule a meeting so they confront the cities on how they can improve communication between the cities and the County.

Commissioner Morris stated he feels this is a solvable problem. He stated he would like to see additional information as well as what the Sheriff has. It would be interesting to have an ombudsman observe the challenge areas and critically assess them. He said it would also be interesting to have an after-action of that event to review. He added there is also a severe public face issue relative to who was presenting at the press conference. He stated he feels the Chairman needs to speak at the press conferences as well.

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The Chairman recessed the meeting at 11:30 a.m., reconvening at 1:34 p.m., with all Commissioners (Commissioner Van Der Weide was absent) 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 Morris, seconded by Commissioner Dallari to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings.

Districts 1, 2, 4 and 5 voted AYE.

PUBLIC HEARINGS

CONSIDERATION OF HIBC DRI, REZONE,

& MAJOR AMENDMENT, MEREDITH PICKENS, CONTINUED

Continuation of a public hearing to consider the Heathrow International Business Center Development of Regional Impact Notice of Proposed Change (DRI NOPC), Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) and Major Amendment to the HIBC PUD, as described in the proof of publication, as shown on page _______, Meredith H. Pickens.

Chairman Henley advised the applicant is asking for a continuance until May 10, 2005 (copy of letter regarding same was received & filed).

Motion by Commissioner Carey, seconded by Commissioner Morris to continue until May 10, 2005, consideration of the Heathrow International Business Center Development of Regional Impact Notice of Proposed Change (DRI NOPC), Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) and Major Amendment to the HIBC PUD, as described in the proof of publication, Meredith H. Pickens.

Under discussion, Debra Adams, 943 Banana Lake Road, addressed the Board to advise she has no objections to the continuance.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Districts 1, 2, 4 and 5 voted AYE.

CONSIDERATION OF REQUEST FOR A DOCK &

BOATHOUSE, SPECIALTY MARINE CONTRACTORS

Proof of publication, as shown on page _______, calling for a public hearing to consider the construction of a dock and boathouse structure for the Jefferson residence located at 7060 Sylvan Lake Drive on the southwest quadrant of Sylvan Lake, Specialty Marine Contractors, received and filed.

Chairman Henley advised the applicant is requesting a continuance until March 22, 2005.

Motion by Commissioner Carey, seconded by Commissioner Morris to continue until March 22, 2005 consideration of the construction of a dock and boathouse structure for the Jefferson residence located at 7060 Sylvan Lake Drive on the southwest quadrant of Sylvan Lake, as described in the proof of publication, Specialty Marine Contractors.

No one spoke in support or in opposition to the continuance.

Districts 1, 2, 4 and 5 voted AYE.

CONSIDERATION OF LAND USE AMENDMENT, REZONE,

& MAJOR AMENDMENT, THOMAS DALY, CONTINUED

Continuation of a public hearing to consider a Small Scale Land Use Amendment from Planned Development (PD) to Planned Development (PD); a rezoning from PUD (Planned Unit Development) District to PUD (Planned Unit Development) District; and PUD Major Amendment on approximately 8.1 acres located on the north side of Palm Valley Drive, 600 feet east of Alafaya Trail, as described in the proof of publication, as shown on page _______, Thomas Daly.

Chairman Henley advised staff received a call before lunch from Mr. Daly stating he would be late this afternoon and asking for this item to be moved to the end of the agenda. He said he will grant that request unless there are objections from the Board.

The Board voiced no objections.

CONSIDERATION OF REQUEST TO REZONE FROM

A-1 TO PUD, CHARLES W. CLAYTON, JR., CONTINUED

Continuation of a public hearing to consider a request to rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District) and PUD preliminary master plan on approximately 23 acres located at the southwest corner of SR 417 (Central Florida Greenway) and SR 426 (Aloma Avenue), as described in the proof of publication, Charles W. Clayton, Jr.

Planner Tony Matthews addressed the Board to present the request, advising staff recommends approval of the rezoning and the preliminary master plan, with the staff findings and conditions included in the proposed development order. He further advised he received an email from Mr. Ira Jarvis regarding the lighting requirements. He said he has responded to Mr. Jarvis answering his questions. Copies of emails were received and filed. He stated that staff is recommending changing the language on Items #6 and #9 of the development order as shown on the corrected pages (copy received & filed). He said that the new language will read as follows, “Lighting shall be installed in accordance with Seminole County Ordinance #2004-2, dated January 13, 2004, or the Lake Mary Boulevard Overlay Ordinance whichever is more restrictive.”

Upon inquiry by Commissioner Morris, Mr. Matthews advised with regard to Item #7 of the D.O., staff is not sure what the best plantings would be for the buffer along the eastern property line and they want to have the applicant bring back a proposal to the Board.

Planning Manager, Matt West, addressed the Board to explain they do not have a lot layout yet and the Greenway is elevated at this point.

William T. Buckley, representing the applicant, addressed the Board to advise they are in agreement with staff’s recommendations and findings. He said this is the first step of a long process and more details will follow.

No one else spoke in support or in opposition.

District Commissioner Dallari recommended approval, adding an additional condition that the maximum size of each building (entity) would be 40,000 square feet.

Motion by Commissioner Dallari to adopt Ordinance #2005-7, as shown on page _______, approving rezoning from A-1 (Agriculture District) to PUD (Planned Unit Development District); and to approve PUD preliminary master plan and Development Order, as amended by staff, as shown on page _______, and to include a condition that the maximum size of each building on the property will be 40,000 square feet, for property consisting of approximately 23 acres located at the southwest corner of SR 417 (Central Florida Greenway) and SR 426 (Aloma Avenue), as described in the proof of publication, Charles W. Clayton, Jr.

Commissioner Morris seconded the motion for discussion.

Under discussion, Commissioner Dallari stated he does not want to see a “big box” on this site; but a series of buildings.

Commissioner Carey pointed out there is a maximum floor area ratio that is part of the Code. She said a neighborhood Publix is 45,000 square feet and usually there are buildings attached.

Commissioner Dallari stated that he could agree to a maximum of 45,000 square feet. Discussion ensued.

Commissioner Morris stated this is a HIP district.

Commissioner Carey stated she believes it is hard enough as a retail developer to find the exact tenants they would like to have without putting more restrictions on them.

Commissioner Dallari said this is one of the last areas in this corridor to be developed and most of the area is residential.

Upon inquiry by Commissioner Morris, DCM Don Fisher addressed the Board to advise the Board could approve this building size condition now with a statement that it could be lifted during the final master plan process.

Commissioner Dallari agreed to include in the motion that the building size restriction could be lifted later during the final master plan approval.

Mr. Buckley stated there have been several developers approach the owner and he does not believe there has been any interest in a ”big box” store on the property.

Commissioner Carey stated she cannot support the motion because of the building size restriction.

Districts 1, 2 and 4 voted AYE.

Commissioner Carey voted NAY.

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The Chairman recessed the meeting at 2:05 p.m., and reconvened it at 2:15 p.m.

CONSIDERATION OF LAND USE AMENDMENT, REZONE,

& MAJOR AMENDMENT, THOMAS DALY, CONTINUED

Continuation of a public hearing to consider a Small Scale Land Use Amendment from Planned Development (PD) to Planned Development (PD); a rezoning from PUD (Planned Unit Development District) to PUD (Planned Unit Development District); and PUD Major Amendment on approximately 8.1 acres located on the north side of Palm Valley Drive, 600 feet east of Alafaya Trail, as described in the proof of publication, Thomas Daly.

Planner, Jeff Hopper, addressed the Board to present the request, advising the applicant proposes 74 townhouses at a maximum density of 11.6 units per net buildable acre. He said the applicant has stated that the townhouses will not be marketed as student housing. The subject property is a PUD currently approved for C-2 and OP uses. Because of the unresolved issues with the Palm Valley Homeowners Association, the applicant is asking that the master plan be delayed and the Board only consider the PUD amendment at this time. He said the applicant has not been able to work out an agreement with the Palm Valley Homeowners Association for access from Palm Valley Drive so they are proposing access from Park Drive. He added that staff still recommends approval contingent upon agreement with the Palm Valley Homeowners Association agreeing to the access on Palm Valley Drive. With regard to the new submittal showing access to Park Road, staff would recommend a continuance so that they can adequately review same.

Copies of letter from Mr. Daly dated March 4, 2005 with conditions of approval and letter dated March 7, 2005 were received and filed.

Tom Daly, applicant, addressed the Board to display an aerial of the property (received & filed), recapping the history of the property since 1989 (copy of history was received and filed). He said that the property has been on the market since the 1994 rezoning to C-1, C-2 and OP. The property has no visibility on Alafaya Trail and it has no viable use as a commercial or office park. He advised the proposed townhouses will be fee simple and consist of 1,300 to 1,800 square feet with single car garages. The project will have private streets throughout. He stated that his client, Centex Homes, does not want this project to be student housing and will provide safeguards to make sure that does not happen.

Upon inquiry by Commissioner Carey, Mr. Hopper stated that all the staff conditions in their report are included in the applicant’s list of conditions, except the applicant’s are more stringent.

Mr. Daly displayed a lot lay-out and elevation drawing of the proposed townhouses (received & filed), advising because of not reaching an agreement on the access with the Palm Valley Homeowners Association, they are asking that only the land use amendment be approved at this time and they will modify the plan showing the access from Park Drive and bring it back for review.

Upon inquiry by Chairman Henley, Mr. Hopper advised the proposed project will be 11.6 units per acre.

Upon inquiry by Commissioner Morris, Mr.
Daly stated that they will be happy to work with the homeowners association to clean up the pond if they can work out an agreement on a cross drainage easement.

Discussion ensued with regard to the negotiations with the Environmental Services Department for water use. Mr. Grace advised staff is working on bringing a set of policies on water reservations to the Board for adoption at the next meeting or two.

Commissioner Carey stated there are policies in place that the staff should be working under until new policies are adopted by the Board. She said she would like staff to stick to the current policies and stop making deals.

Additional correspondence and emails regarding this public hearing were received and filed. A photograph of the mobile home park and a copy of a drawing showing the rear gate to the park were received and filed.

George Viele, representing Stanley & Robert Fradkin (property owners), addressed the Board to advise the owners have been trying to sell the property for some time but have been unsuccessful. He said that commercial or office use is not conducive for this piece of property and he believes the decrease in intensity would be more compatible for the area.

Larry Wood, 4064 Madre Drive, addressed the Board to advise he lives in the Palm Valley Park and would rather see the townhouses on the property than commercial. He said there have been a lot of gossip and rumors floating around that are scaring the residents.

T.J. Levey, 931 E. Palm Valley Drive, President of the Palm Valley Homeowners Association, addressed the Board to speak in opposition, stating that when the property was rezoned to C-1, an agreement was reached between Mr. Fradkin and the homeowners association including a number of conditions and that he would provide business services.

Virginia Hartwig, 3906 Needle Palm Place, addressed the Board to display posters (received & filed) showing photographs of the surrounding area, including Creekwood Homes, Hunter’s Reserve, Tivoli Development, Pegasus Landing, Grande Villa at River Place, Riverwind at Alafaya, Shoppers at Alafaya, and Aloma Business Center. She spoke in opposition to the proposed rezoning.

Donald Hartwig, 3906 Needle Palm Place, addressed the Board to speak in opposition, stating the proposal does not meet the 25% open space. He reviewed the conditions of development that are in place currently and stated the proposed plan would eliminate 68 pine trees with diameters of 6 to 24 inches. He requested the Board uphold the development order that is currently in place and deny the request for rezoning.

Beth Keifer, 3987 Sabal Drive, addressed the Board to display copies of pictures of wildlife that is in the area (received & filed), stating she has seen an eagle, sandhill cranes, blue herons, egrets, scobies, muscovys, deer, and foxes on the property. She said these animals contribute to the peace and tranquility of their lifestyle. She expressed concern about this project creating traffic on their streets where there is a 15 mph speed zone and many senior citizens ride golf carts or walk.

Dorothy C. McQuire, 3720 Christmas Palm Place, addressed the Board to speak in opposition, stating she agrees with the previous speaker. She submitted for the Record a Petition, as shown on page_______, objecting to the proposed rezoning.

Harold B. Harris, 948 Lantania Place, addressed the Board to request that the Fradkin property remain commercial. He said that with East Palm Valley Drive as a private road, the Palm Valley residents could go on their golf carts to whatever commercial establishment is built, such as an emergency walk-in clinic, barber shop, drug store, or restaurant.

Annabelle Closson, 749 E. Palm Valley Drive, addressed the Board to state the residents of Palm Valley have worked with Mr. Fradkin throughout the years. She expressed her concern that the townhouses will be turned into student housing and that the mobile home park will not continue to exist. She briefly discussed a law concerning mobile home parks and stated if Centex buys the park property, there will be 670 homes with no place to go.

Paul Closson, 749 E. Palm Valley Drive, addressed the Board to express his concern with what is happening in south Florida where developers are rezoning mobile home parks and then evicting the residents. Those residents have no place to go and are losing their investments in their homes, their friends and their support groups. He said they are afraid of this happening to them and they object to the proposal by Centex.

Charles Pospisil, 3536 Montigo Circle, addressed the Board to advise the Seminole Chapter of the Audubon Society has stated that the sandhill cranes are protected. He requested that the Board not only protect the cranes but protect the residents of Palm Valley Park also.

Jessie Hummel, 3869 Sabal Drive, addressed the Board to speak in opposition, expressing his concern about the traffic going through the park and the additional drainage the project will create.

Laraine Hummel, 3869 Sable Drive, addressed the Board to advise she agrees with the previous speakers in opposition.

Susan Patterson, 3906 Needle Palm Place, addressed the Board to state many residents of the Park walk for exercise on the streets and she is concerned about this project creating additional traffic.

Mr. Daly advised that the townhouses will create 30 to 40% less trips than with the commercial zoning.

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

No one else spoke in support or in opposition.

Upon inquiry by District Commissioner Dallari, Mr. Hopper advised the applicant is asking to separate the detailed final master plan from this request and delay approval of that until some point in the future.

Upon further inquiry by District Commissioner Dallari, Mr. Daly stated the buffer on the east side of the property will be a six-foot fence with canopy trees.

Mr. Hopper advised Commissioner Dallari that staff has only briefly reviewed the information packet that was submitted by Mr. Daly yesterday.

District Commissioner Dallari questioned how the applicant will be addressing the potential for cut-thru traffic by using the Park Drive access point. Whereupon, Mr. Hopper advised that will be looked at during the Final Master Plan process.

Mr. Grace advised this is an unorthodox way of doing things and in the past when this was done, mistakes have been made. He added there is a bit too much confusion for his comfort level.

District Commissioner Dallari stated that getting information in a proper time frame to review it adequately is a necessity. He said he appreciates staff trying to work with the developer and asked Mr. Daly if this is a time sensitive issue.

Mr. Daly stated this request has already been delayed for three months; but a continuance for two weeks would be okay.

District Commissioner Dallari stated he would like to have time to review everything submitted in the past day or so.

Motion by Commissioner Dallari to continue until March 22, 2005 consideration of a Small Scale Land Use Amendment from Planned Development (PD) to Planned Development (PD); a rezoning from PUD (Planned Unit Development District) to PUD (Planned Unit Development District); and PUD Major Amendment on approximately 8.1 acres located on the north side of Palm Valley Drive, 600 feet east of Alafaya Trail, as described in the proof of publication, Thomas Daly.

The Chairman called for a second to the motion, whereupon, he surrendered the gavel to Vice Chairman Carey for that purpose.

Commissioner Dallari stated he is recommending the continuance because the Board received two information packets today and one yesterday; and he wants to make sure of what is being approved.

Commissioner Morris stated the final master plan has to be brought back to the Board and most of the issues discussed will be part of that.

Chairman Henley stated the public input section of the hearing has been closed so if this is continued to the next meeting, the hearing would not be open for additional public comment. Discussion ensued.

Commissioner Morris stated he would hope that there would be no new information that would require the Board to reopen the public hearing.

Districts 1, 2, 4 and 5 voted AYE.

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The Chairman recessed the meeting at 4:00 p.m., reconvening it at 4:10 p.m.

CHAIRMAN’S REPORT

Chairman Henley advised Volusia County passed a Resolution in tribute to former Commissioner Sandra Glenn.

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The Chairman noted an email he received from Gary Earl (Workforce) regarding the Governor instituting term limits on volunteer boards, including Workforce Florida, Inc.

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The Chairman advised that the City of Winter Springs has expressed interest in working with the County on consolidation issues. He also advised that he has been in contact with Mayor Bush regarding Soldier’s Creek Baseball Complex. The Mayor is interested in exploring the possibility of the City and County entering into an agreement whereby Winter Springs would operate the park. He requested Mr. Grace to schedule a meeting with the City Manager and staff to review that possibility.

Commissioner Morris stated that as District Commissioner he also had a couple of meetings with Mayor Bush and Director of Library & Leisure Services Suzy Goldman and he will be speaking to the City Council in the next week or two. He added that he will report back to the BCC on same.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Morris advised next month is Child Abuse month and he requested a resolution proclaiming same be put on the agenda for the Board’s next meeting.

Commissioner Dallari suggested something be put on SGTV regarding that. Whereupon, DCM, Sally Sherman, addressed the Board to advise staff is already working on that.

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Commissioner Morris informed the Board that he met with Casselberry City Manager Frank Clifton and toured the City. He stated he would like to work with the City with regard to County property located at the corner of Seminola Blvd. and Winter Park Drive and property located at Lake Howell Road and Lake Howell Lane. He said these are two former gas station sites that he does not believe are needed for road improvement purposes.

County Engineer, Jerry McCollum, addressed the Board to advise he has not heard from the City regarding the Lake Howell Road property since last year. He briefly discussed the contamination issue on the property located at Seminola Blvd.

Commissioner Morris stated he would like to have the County Manager direct staff to research these properties and report back to the Board. He also requested staff to look at the possibility of turning over to the City of Casselberry the small building located on Seminole Blvd. and Button Road so that they can tear it down.

Mr. Grace stated this is the building that Commissioner Van Der Weide wanted to see if the Christian Sharing Center could use as storage.

Commissioner Carey stated she would like more information on this before making a decision.

Commissioner Morris said he would like staff to come back with a recommendation on all three properties.

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Commissioner Morris stated he believes the Board should more forward with doing an RFP for some type of food vendor for outside the new Criminal Justice Center.

Chairman Henley said the Board should have considered that before approving the vending machine contract.

Commissioner Morris stated he could move to reconsider that action if the Chairman wishes. Whereupon, Chairman Henley stated he would not support that action.

Commissioner Carey suggested conducting a survey of the employees to ask them for their input on this issue.

Commissioner Dallari requested staff look at the security aspect of this as well and if this would increase the Sheriff’s work load.

Director of Administrative Services, Jamie Croteau, addressed the Board to advise the Sheriff is tracking visitors in and out of the building and staff is not opposed if the Board wants to offer vendor services, but she believes a decision needs to be made as to whether they want the service inside or outside of the building.

The Board directed Mr. Grace to research this and bring a recommendation back to the Board for action.

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Commissioner Carey noted she and her Administrative Assistant, Amy Lockhart, went to Hamilton Elementary School on February 25, 2005 to read to the third grade students.

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Commissioner Carey stated on February 26, 2005 she attended the Bookertown dedication of their historical marker.

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Commissioner Carey reported on the recent Orlando/Sanford International Airport Authority meeting and the discussion of the customs staffing issue. She requested Commissioners contact their Representatives in regard to same.

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Commissioner Carey advised she attended her first meeting of the Mental Health Task Force which was very informative.

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Commissioner Carey reported that she and the Chairman attended the dedication of the Safe Harbor project in Midway recently and she would like to see this type of thing done in other communities.

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Commissioner Carey advised this is the “National Association of Women in Construction” Week. She, therefore, presented Jamie Croteau with the award that was presented to HKS/ACi for the design of the new Criminal Justice Center.

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Commissioner Carey noted that today the election for the City of Sanford is being held and she is looking forward to working with the new officials on outstanding city/county issues.

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Commissioner Morris advised the Annual Boy Scout Dinner will be held on Thursday, March 10, 2005 at the Lake Mary Marriott. He noted that Commissioner Carey is the Corporate Chairman of the event which may set a new funding record.

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Commissioner Dallari stated he received a flyer today on the Tsunami Relief performance at the Helen Stairs Theatre on April 9, 2005. He advised the performance will be by the School of Dance Arts Performers on Parade and the Sanford Rotary Club will match dollar for dollar raised.

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Commissioner Dallari expressed appreciation to staff in briefing him on the South Seminole Orange County Wastewater Transmission Authority/Snocwater project on Dean Road & Aloma Avenue/SR 426.

Commissioner Carey advised that Rockett and Associates have been the consultants to SSOCWTA since its inception and can help Commissioner Dallari on this.

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Commissioner Dallari requested Mr. Grace research and report back to the Board on the amount of time it would take to have Seminole County become totally wireless in cooperation with the Cities.

COMMUNICATIONS AND/OR REPORTS

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

1. Copy of letter dated 2/26/05 to Seminole County Legislative Delegation members from Chairman re: Appreciation for attending dinner in Tallahassee.

2. Notice of Public Hearing on 3/7/05 regarding replat for City of Oviedo. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

3. Letter dated 2/24/05 to Chairman from Ron Pritchard, Chairman-Brevard County Board of County Commissioners, re: Support for changes in Florida Statutes relating to child support orders. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Co. Lobbyist)

4. Memorandum dated 2/22/05 (with attachments) to Governor’s Office of Policy & Budget from Henry Lewis, Director-Office of Work Program, re: Notification of Proposed Work Program Amendments. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Engineer, Economical Development Director, Planning & Development Director)

5. Letter dated 2/17/05 (with attachments) to Chairman from Linda Gregory, President and James Berko, Executive Director-Seminole Community Mental Health Center, Inc., re: SCMHC’s Community Treatment Outreach Project and Local Match Request. (cc: BCC)

6. Copy of memorandum dated 2/25/05 to Sandy McCann, Supervisor, Co. Commission Records Office, from Becky Noggle, Sr. Coordinator, Environmental Services Dept., re: Submissions into Co. Records.

7. Copy of letter dated 2/24/05 (with attachments) to William Monroe, Auditor General, from Lisa Spriggs, Fiscal Services Director, re: Response to Seminole County Wireless E911 Funds audit.

8. Letter dated 2/17/05 (with attachments) to Commissioner Dallari from Michael Barr, Chair-Seminole Soil & Water Conservation District, re: Request for $25,000 Grant Funding.

9. Copy of letter dated 2/21/05 to Congressman John Mica from Chairman re: Florida Congressional Delegation meeting on Hurricane Debris.

10. Contract for services, as shown on page _______, between Seminole County and James Rich (Tennis Instructor).

11. Copy of letter dated March 3, 2005 to Jeanne Morris, Chairman-Seminole County School Board, from Chairman re: Appointment to serve on 2005 Seminole County Value Adjustment Board.

12. Letter dated 3/3/05 to Chairman from Meredith H. Pickens, Shutts & Bowen, re: Continuance of Colonial Center Heathrow PUD Amendment.

13. Copy of letter dated 3/3/05 to Michael Proctor (with original correspondence attached) from Chairman re: Feasibility study for UCF.

14. Letter dated 3/2/05 to BCC (with attached Ordinance) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Adoption of Annexation Ordinance. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director, Property Appraiser, Supervisor of Elections)

15. Copy of memorandum dated 3/4/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Service Dept., re: Submission into Co. Records.

16. Memorandum dated 2/22/05 to Governor’s Office of Policy & Budget (with attachments), from Henry C. Lewis, Director-Office of Work Program, Fla. Department of Transportation, re: Notification of Proposed Work Program Amendments. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Engineer, Planning & Development Director)

17. Letter dated 2/28/05 to Chairman from John Agwunobi, MD, Secretary Fla. Department of Health, re: Award of Emergency Medical Services Grant. (cc: BCC, Co. Manager, Deputy Co. Managers, Public Safety Director, Grants Writer)

18. Letter dated 3/1/05 to Chairman (with attachment) from D. Ray Eubanks, Administrator, Plan Review & Processing-Department of Community Affairs, re: Receipt of Seminole County’s proposed comprehensive plan amendments. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Co. Attorney)

COUNTY MANAGER’S REPORT

Mr. Grace stated he would like the Board to adopt a policy to schedule public hearings for the afternoon meeting unless they are required by law to be at night.

Commissioner Carey stated she would like to know what the current policy is before a new one is adopted.

County Attorney, Robert McMillan, advised he has been putting together a policy document. He stated the proper Board action would be to bring back a written policy for the Board to adopt and then include it in the Code. He suggested that all hearings be held in the afternoon and then if a district commissioner wanted to move it to the night meeting, that commissioner could inform the Chairman within a certain period of time.

Commissioner Morris requested the County Manager to bring back a draft policy on this for Board adoption.

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Mr. Grace requested Board action on the Grant Proposal for the Digitization of the Sanford Herald. Copy of same was received and filed.

Motion by Commissioner Dallari, seconded by Commissioner Morris to approve the Division of Library & Information Services Grant, as shown on page _______, for the digitization of the Sanford Herald.

Districts 1, 2, 4 and 5 voted AYE.

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Mr. Grace advised the Board that he and County staff will be meeting with the cities’ staffs on March 9, 2005 to discuss the process implementation on the Rural Area Charter Amendment.

Commissioner Morris questioned why all the cities are invited to this meeting when the amendment only affects one of them. Discussion ensued. Commissioner Morris stated he does not agree that all the cities should attend the meeting and he believes Mr. Grace is going down a path that is a mistake.

Mr. Grace stated he is trying to be as open as he can with the cities.

Chairman Henley stated they do not have a “dog in this fight” but there were some cities that attempted to get involved.

Mr. McMillan stated be believes there is a stipulation in the resolution that says the County will work with the cities on the implementation.

Commissioner Morris reiterated that he is against holding the meeting with all the cities being included.

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Mr. Grace advised that the State of the Cities will be shown on SGTV next week.

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The Chairman recessed the meeting at 5:01 p.m., reconvening at 6:58 p.m., with all Commissioners and all other Officials with the exception of Commissioner Van Der Weide, who was ill, and Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARINGS

REZONE FROM A-1 TO

R-1A/ALICE MEWES

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance to rezone from A-1 (Agriculture District) to R-1A (Single-Family Dwelling District) for Silver Stone Subdivision on approximately 4.89 acres; located on the north side of E.E. Williamson Road, approximately 0.15 miles west of Myrtle Lake Hills Road, Alice Mewes, received and filed.

Tina Deater, Senior Planner, addressed the Board to present the request, stating the applicant is proposing to build a single-family subdivision. She said the joint use pond (used by the County and School Board) adjacent to the subject property has no outfall system and during the hurricanes, it overflowed and caused property damage to the residents in the Bay Lagoon Subdivision to the east. Since then, the County has lowered the pond water prior to major storm events. The School Board has prepared a conceptual design for a permanent outfall drawdown to Grace Lake, but no funding for final design permitting and construction has been secured. County staff will work with the developer of the subdivision to design the project entrance and stormwater facilities to alleviate as much of the drainage problems as possible on the subject property. She said staff has determined that R-1A is compatible with the surrounding districts, therefore, staff is recommending approval of the rezoning. The Planning & Zoning Commission voted 6 to 0 to recommend approval to R-1A zoning.

Commissioner Carey said on the aerial map (not received and filed), it appears the pond is in front of the school and is on the subject property as well.

Ms. Deater said she believes there is some sort of easement over the property for the pond. That will be looked at when the subdivision comes in for final engineering.

Matt West, Planning Manager, explained that the subdivision access is limited so it does not interfere with the existing pond.

Ms. Deater said the developer will have to design his own stormwater pond.

Upon inquiry by Chairman Henley, Tom Radzai, Development Review, addressed the Board to state County staff has been working with the School Board. It will be a 50-50 cooperative effort to get the pond corrected and put in the outfall system.

Ms. Deater advised there is one single-family residence and one outbuilding on the property now. She said the developer has not given staff any plans showing how they will divide the lots.

Glenna Morris, 930 Woodcock Road, engineer for the applicant, addressed the Board to state the developer is planning to subdivide the parcel. The developer will not be using the pond out front for stormwater, but is designing a separate pond that will not impact the pond already existing. She said there is a drainage easement that encompasses the existing pond. She said the residence on the property will probably be demolished. She doesn’t think the outbuilding is in the way of anything and what happens to it would be up to whoever buys the lot.

No one else spoke in support or in opposition.

District Commissioner Henley recommended approval.

Motion by Commissioner Morris, seconded by Commissioner Dallari, to enact Ordinance #2005-8, as shown on page _______, approving the rezoning from A-1 (Agriculture District) to R-1A (Single-Family Dwelling District) on approximately 4.89 acres; located on the north side of E.E. Williamson Road, approximately 0.15 miles west of Myrtle Lake Hills Road; as described in the proof of publication, Alice Mewes, and authorize the Chairman to execute the Ordinance.

Districts 1, 2, 4 and 5 voted AYE.

REZONE AND SMALL SCALE LAND

USE AMENDMENT/MAX SABETTI

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance to rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District); and an Ordinance adopting a Small Scale Land Use Amendment from SE (Suburban Estates) to MDR (Medium Density Residential) on approximately 9.43 acres, (New Orleans Townhomes) located on the northwest corner of Orange Boulevard and Missouri Avenue, and request to approve the Preliminary Master Plan, Max Sabetti, received and filed.

Ms. Deater presented the request, stating the applicant is proposing a 53 unit fee simple townhouse development at a density of 10 units per net buildable acre. She advised the Orange Boulevard Special Study, recently updated by the Planning Division, recommends that the corner of Missouri Avenue and Orange Boulevard should be the demarcation between residential and nonresidential uses along Orange Boulevard. The proposed future land use and rezone is consistent with this recommendation. The applicant has agreed to use the buffering wall concept along Missouri Avenue that was approved for the Fossitt Business Park on the east side of Missouri Avenue. Staff has one change to the Development Order to remove Condition (3) a. for a potable water mitigation plan. Staff is recommending approval of the requests, subject to the Preliminary Master Plan and with the amended Development Order. The Planning & Zoning Commission recommended 6 to 0 to approve the request subject to the conditions in the Development Order and the following additional conditions: (1) That the wall and landscaping adjacent to Missouri Avenue shall mirror the wall and landscaping that was approved on the east side of Missouri Avenue as part of the Fossitt Business Park PCD; and (2) That the applicant be required to dedicate a drainage easement to Seminole County over any portion of Smith Canal that is included within the boundaries of the PUD.

Upon inquiry by Commissioner Morris, Ms. Deater stated Condition #1 recommended by the P&Z LPA is already a part of the Development Order but Condition #2 has not been included. She said it has not been determined that the Smith Canal touches the boundaries of the PUD. She said the developer did indicate at the P&Z meeting that he would be willing to give the County that easement if the County requested it.

Attorney Miranda Fitzgerald, Lowndes, Drosdick, Doster, Kantor & Reid, representing Metropolis Homes (applicant), addressed the Board to state the applicant is in agreement with the conditions.

Bruce Anderson, 1730 Perch Lane, addressed the Board to state he is in support of the project.

Kathy Brown, 1730 Beacon Drive, addressed the Board to state she represents the majority of the homeowners in St. Johns River Estates and it has been a real honor and pleasure to work with Mr. Sabetti and Mr. Jean Abi-Aoun. She said the residents are getting the wall and landscaping they want and there will be no traffic on Missouri.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Carey stated she met with the applicant and homeowners and it’s nice to be able to set down and work as a group on the details of the project.

Motion by Commissioner Carey, seconded by Commissioner Morris, adopt Ordinance #2005-9, as shown on page _______, rezoning from A-1 (Agriculture District) to PUD (Planned Unit Development District); adopt Ordinance #2005-10, as shown on page _______, approving a Small Scale Land Use Amendment from SE (Suburban Estates) to MDR (Medium Density Residential) on approximately 9.43 acres, located on the northwest corner of Orange Boulevard and Missouri Avenue; as described in the proof of publication, Max Sabetti, and approve the Preliminary Master Plan, subject to the revised Development Order, as shown on page _______, deleting Item (3) a. and adding Condition #2 by the P&Z that the applicant be required to dedicate a drainage easement to Seminole County over any portion of the Smith Canal that is included within the boundaries of the PUD, should it be requested by the County prior to the final site planning process.

Districts 1, 2, 4 and 5 voted AYE.

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Chairman Henley announced that Commissioner Van Der Weide is at home ill with pneumonia.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:17 p.m., this same date.

ATTEST: ______________________Clerk_____________________Chairman

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