page ________, in recognition of the Seminole County Employees involved in the County exhibit at the Florida State Fair in Tampa, which was awarded First Place in the following categories: Urban County, County Vision and Best of Show.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Barbara Hughes, Cooperative Extension Agent and employees involved in the exhibits. Ms. Hughes expressed her appreciation to the Board.

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Motion by Commissioner Henley, seconded by Commissioner Maloy to adopt appropriate Resolution #2002-R-62, as shown on page ________, commending Stafford “Lynn” Cambre, Community Relations Officer, City of Casselberry, for his services, upon his retirement.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt appropriate Resolution #2002-R-64, as shown on page _______, commending Richard A. “Dick” Thomas, Principal Planner, for his 12 years of services to the County upon his retirement.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Mr. Thomas, who addressed the Board to express his appreciation to the Board, upper management, co-workers, and his wife and family.

COUNTY ATTORNEY’S REPORT

CONSENT AGENDA

County Attorney, Robert McMillan, distributed a corrected purchase agreement for Item #7, Dill Properties, Inc.

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

Property Acquisition

4. Approve and execute Subordination of Utility Interest Agreement, as shown on page _______, relating to Parcel Numbers 104A/104B/104C and 129A/129B of the Lake Emma Road improvement project, Time Warner Entertainment-Advance/Newhouse Partnership.

5. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 124 of the Airport Boulevard Phase III road improvement project, located on the south side of Bungalow Boulevard approximately 1,015 feet west of Airport Boulevard, in the amount of $77,500.00, inclusive of all costs and expenses, Patricia Redding.

6. Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 110 of the Airport Boulevard Phase III road improvement project, located within the northwest corner of Airport Boulevard and Country Club Road, in the amount of $91,310.00, inclusive of attorney’s fees and costs, William A. Cagle & Jean B. Cagle.

7. Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Numbers 135/735 of the County Road 46A Phase III road improvement project, located at the northeast corner of the intersection of County Road 46A and Old Lake Mary Road in the amount of $19,650.00, inclusive of attorney’s fees and costs, Dill Properties, Inc.

8. Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 177 of the Airport Boulevard Phase III road improvement project. The parcel is located within the unincorporated limits of Seminole County between Sanford, Lake Monroe and Lake Mary, has frontage along the south side of Bungalow Boulevard and the east side of Airport Boulevard. The proposed settlement is in the amount of $112,000.00, inclusive of all costs and expenses, William R. Bernosky & Ellen E. Bernosky.

9. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 138/221 of the Airport Boulevard Phase III road improvement project, located at the northwest corner of Jones Avenue and 22nd Street in unincorporated Seminole County (between Airport Boulevard on the east and the Greeneway on the west) in the amount of $110,500.00, inclusive of all costs and expenses, Ricardo L. Gilmore & Rose G. Dunnum.

10. Approve and execute Subordination of Utility Interest Agreement, as shown on page ________, with Florida Power & Light, relating to Parcel Number 123 of the County Road 46A Phase III road improvement project.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide entered the meeting at this time.

LEGISLATIVE UPDATE

County Lobbyist, Bobby Brantley, addressed the Board to give a Legislative Update, stating the budget nor the school code bill was completed, so the Legislature will have to go back in Special Session. He discussed Senate Bill 100, which removed LYNX as the CTC in Central Florida and creates some problems with the Federal Government program. He recommended the Board urge Governor Bush to veto that bill, due to the substantial financial impact on the tri-county area.

Commissioner Van Der Weide stated the MPO has not taken this issue up. He said he has heard that if this bill is vetoed, the disadvantaged transportation and money will go with it. He added that this is not a simple issue. Discussion ensued.

Commissioner Maloy stated that after looking at this, he would not support a veto of the bill. He said he has some serious problems with why LYNX did not feel this was a big deal three months ago, but now it is. He added the LYNX Board did not urge any veto of the bill during their last meeting.

Mr. Brantley stated the issue of TD services being removed from LYNX is different than being removed as the CTC provider of Central Florida. He added when the specific language came out during the last few days of the session, it was much broader than originally thought.

Chairman McLain advised this issue will continue to be discussed later in the meeting under the County Manager’s Briefing.

COUNTY MANAGER’S REPORT

CONSENT AGENDA

County Manager, Kevin Grace, advised he has pulled Item #38, Request for scheduling a public hearing to consider an Ordinance creating one new Seminole County Construction Licensing Board.

Commissioner Morris stated he does not want to see this item back before the Board. Commissioner Van Der Weide stated he is in favor of killing this item.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to deny request for staff to advertise and schedule a public hearing to consider an Ordinance amending Chapter 40, Seminole County Code to eliminate the six existing Contractors Examiners Boards and create one new Board named, “Seminole County Construction Licensing Board”; and direct that this item not be brought back to the Board.

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

Upon inquiry by Commissioner Henley, County Engineer, Jerry McCollum, addressed the Board to advise the delay with regard to Item #18, BCR #02-71, for the Douglas/Markham Woods Road project, is due to the contractor not working like they should. He further advised that the contractor is being charged $5,000 per day for damages.

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

ENVIRONMENTAL SERVICES

Solid Waste Management

11. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Onyx Waste Services of Florida, Inc. and Florida Recycling Services, Inc.

FISCAL SERVICES

Administration

12. Authorize staff to initiate Tax Deed on certificate, which qualifies for a Tax Deed Application for Parcel #32-19-31-300-0340-0000, and to enter certificate into the public record.

13. Approve and grant authority retroactively to Robert G. Adolphe, P.E., to sign EPA Drinking Water Utility Security Grant Program documents (Vulnerability Assessments, Emergency Operations Plans, and Security Enhancement Planning/Design at Large Drinking Water Utilities), as shown on page _______, which allowed Seminole County’s Environmental Services Department to apply for grant funds totaling $115,000.00.

14. Approve and authorize Chairman to execute Grant-in-Aid Agreement for Child Dependency, as shown on page ________.

Budget

15. BCR #02-63 – $51,450 – Environmental Services – Solid Waste – Fund: 40201 – Solid Waste Fund. Bids for the overhaul of the HVAC system at the Central Transfer Station came in above the preliminary estimated budget for this project. Funds are available in the groundwater monitoring project, which is substantially complete. This request is made in conjunction with a related purchasing agenda item.

16. BCR #02-69 – $205,000 – Public Works – Traffic Engineering – Fund: 11500 – Infrastructure Tax Fund. An accounting transfer is requested in order to split the countywide traffic safety project into smaller projects to improve accountability and to comply with new governmental accounting requirements.

17. BCR #02-70 – $47,040 – Public Safety – EMS Trust – Fund: 11800 – EMS Trust Fund. This transfer will place funds in the Professional Services account line to compensate the Medical Director for additional services required by Section 64-E, Florida Statutes. These additional services include Weapons of Mass Destruction training and expertise, and medical direction of the Emergency Medical Dispatch Program.

18. BCR #02-71 – $40,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund. A time extension for the Douglas/Markham Woods Road project has necessitated the need for additional funds in the construction account line. Funds are available in the project's Land account line.

19. BCR #02-72 – $77,792 – Planning & Development – Building – Fund: 10400 – Development Review Fund. A transfer from contingency is required to place additional funds in the refund account line for a building permit refund. The refund is in excess of the available budgeted funds in this account line.

20. BCR #02-73 – $1,510,000 – Planning & Development – Planning – Fund: 00100 – General Fund. The purchase of Jetta Point LLC & Yeager, Trustee properties was approved by the Board on 4-9-02 for $4,350,000. This transfer establishes necessary account lines to complete this transaction. It is anticipated that General Fund reserves will be replenished by fund balance through the mid-year budget amendment. Additionally, once the mid-year budget establishes fund balances, $173,196 of the cost will be moved from General Fund to Capital Facilities Improvement Fund, 31800.

21. Budget Amendment Resolution #2002-R-65, as shown on page ________, $500,000 – Public Works: 10101 – Transportation Trust Fund. To recognize a grant of $500,000 from the FDOT, towards design costs for upgrading SR 434 from a 4-lane facility to a 6-lane facility from Maitland Boulevard to SR 436. The Transportation Outreach Program (TOPS) Grant Agreement between Seminole County and FDOT was approved by the Board of County Commissioners on February 26, 2002. Funds will be received on a reimbursement basis.

MSBU

22. Approve and authorize Chairman to execute Resolution #2002-R-66, as shown on page _______, recording assessment level changes for districts included in the Consolidated Street Lighting District Ordinance.

Purchasing

23. Award FC-1175-02/BJC Contract, as shown on page _______, Hiley's Fish Camp - Public Park Project, to The Watauga Company, Titusville ($144,107.00).

24. Award FC-1176-02/BJC Contract, as shown on page _______, Seminole County Transfer Station – HVAC Renovations, Air Mechanical & Services Corporation, Orlando ($119,500.00).

25. Award FC-1180-02/BJC Contract, as shown on page _______, Five Points Water Main Loop construction project, to Masci Corporation, Harbor Oaks ($188,915.00).

26. Approve Change Order #2, as shown on page _______, to FC-1127-00/BJC – Heathrow Water Treatment Plant construction project, with Wharton-Smith, Sanford ($135,465.27) (Time Extension).

27. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1126-00/BJC - Heathrow Water Treatment Plant Expansion Project, with Diversified Drilling Corporation, Tampa.

28. Approve Amendment #3, as shown on page _______, to PS-362 – Juvenile Justice Center Project incorporated into the Courthouse Programming Services Agreement, with Architects Design Group, Inc., Winter Park (Time Extension).

29. Approve Amendment #1, as shown on page _______, to PS-525-98/BJC - Construction, Engineering and Inspection Services for Markham Woods Road/Douglas Avenue Road Project, with Keith and Schnars, P.A., Rockledge ($152,762.66).

30. Approve Second/Final Renewal for PS-551-00/BJC – Consulting Services for Permitting, Mitigation Services Gopher Tortoise Permitting, Permit Compliance, General Environmental and Coordination and Certificates with Ecotech Consultants, Inc., Oviedo; and EMS Scientist, Engineers, Planners, Altamonte Springs (Not-to-Exceed $250,000.00/year) (July 1, 2002 through June 30, 2003).

31. Approve Amendment #1, as shown on page _______, to Work Order #5 to RFP-489-00/BJC – Appraisal Services for Airport Boulevard Phase III, with Diversified Property Specialists, Inc., Debary ($25,000.00).

32. Award IFB-3041-02/GMG – Term Contract for Dynamic Message Signs to Temple, Inc., Ormond Beach ($203,683.33 per year).

33. Authorize Sole Source Procurement and authorize the issuance of a Purchase Order for one (1) Massey Ferguson 6255 Tractor & Little Industries T-1 Boom Mower Combo to Bell Rental & Sales, Inc., Orlando, ($89,870.00).

INFORMATION TECHNOLOGIES

34. Approve and authorize Chairman to execute the Interlocal Agreement, as shown on page _______, with the East Central Florida Regional Planning Council relative to the installation and maintenance responsibilities for the Central Florida Geographic Information System.

35. Approve and authorize Chairman to execute the Fiber Optic Communication Network Interlocal Agreement, as shown on page _______, (FOCN), which sets forth terms and conditions associated with provisions for the shared use of the FOCN by the Florida Department of Revenue.

LIBRARY & LEISURE SERVICES

Library Services

36. Authorize staff to schedule and advertise a public hearing to consider the proposed Internet Safety Policy as required by the Children’s Internet Protection Act (CIPA).

Historical

37. Approve and authorize the Library & Leisure Services Director to execute the U.S. Postal Service License Agreement to place a historic marker for “Monroe Station Lake Monroe” at the Lake Monroe Post Office.

PLANNING & DEVELOPMENT

Community Resources

39. Authorize staff to amend the existing Affordable Housing Development Agreement, as shown on page _______, with Housing & Neighborhood Development Services of Central Florida, Inc. (HANDS) to allow for the exchange of properties with Pathfinder Mortgage and Investments, Inc.

40. Ratify the County Manager’s consent to substitute the legal description, as shown on page _______, attached to the amended Partial Release of Covenant to Comply (The Hamlet) approved by the Board on October 23, 2001.

Development Review

41. Adopt appropriate Resolution #2002-R-67, as shown on page _______, vacating and abandoning the existing utility easement on the northerly (rear) seven feet and the existing utility easement on the westerly five feet of Lot 14; property within Sterling Park, located at 348 Redwing Way, Casselberry (Karen Romaldo).

42. Adopt appropriate Resolution #2002-R-68, as shown on page ________, to vacate and abandon 12 feet of a 15-foot utility easement located on the west side, less a 5-foot utility easement on the north and less a 5-foot utility easement on the south of Lot 13 Cobblestone Subdivision; property located at 1498 Thornhill Circle Oviedo (Kevin J. Barna).

Planning

43. Adopt appropriate Resolution #2002-R-69, as shown on page _, accepting by Special Warranty Deed, as shown on page _, and for the sum of ten dollars ($10), a five-acre conveyance of land located on the east side of North Oregon Street, north of SR 46, to Seminole County from the Lake Forest Development of Regional Impact/Orlando Lake Forest Joint Venture.

PUBLIC WORKS

Engineering

44. Adopt Resolution of Necessity #2002-R-70, as shown on page _______, relating to the Lake Drive Road Improvement Project from Seminola Boulevard to Tuskawilla Road.

45. Adopt appropriate Resolution #2002-R-71, as shown on page _, accepting donation of right-of-way via Quit-Claim Deeds, as shown on page _, for roadway improvements to Parsons Road; and authorize the cancellation and discharge of any and all liens for taxes, delinquent or current, on property acquired by the County.

46. Adopt appropriate Resolution #2002-R-72, as shown on page _, accepting the donation of right-of-way via Quit-Claim Deeds, as shown on page _, for roadway improvements to Nolan Road from Dale E. McConnell, Clarence C. & Barbara A. Anderson, Christopher M. & Karen Drury, and Desma Louise Rogers; and authorize the cancellation and discharge of any and all liens for taxes, delinquent or current, on property acquired by the County.

47. Adopt appropriate Resolution #2002-R-73, as shown on page _, and authorize Chairman to execute a Subordination of County Utility Interests Agreement, as shown on page _, (Seminole County to the State of Florida Department of Transportation {FDOT Parcel Number 112.R}) subordinating the County’s interest in property necessary to construct or improve State Road 400 (Interstate 4).

48. Adopt appropriate Resolution #2002-R-74, as shown on page _, accepting the Quit-Claim Deed, as shown on page _, for property necessary for the drainage protection to County Road 427 from Donald Ray & David Berry Baxter; and authorize cancellation and discharge of any and all liens for taxes, delinquent or current, on property acquired by the County.

TOURISM DEVELOPMENT

49. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and The Central Florida Sports Commission in the amount of $25,000 per year for two years, for the 2003 and 2004 USA Triathlon National Championships.

50. Approve and authorize international travel in the amount of $1,375, for Jack Wert, Tourism Development Director, to travel to Vancouver BC Canada in July 2002 to attend the International Association of Convention and Visitors Bureaus annual meeting and to facilitate a class on tourism marketing.

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

CLERK’S REPORT

CONSENT AGENDA

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

1. Expenditure Approval Lists, as shown on page _______, dated April 2 & 9, 2002; and Payroll Approval List, as shown on page _______, dated March 28, 2002.

2. Chairman to execute the following Satisfactions of Judgment for $40 Application of Indigency:

Alvondra Bascom, #94-11233-MMA

Nicol L. Brady, #98-3741-CFA

Norman Jennings Chapman, #01-1876-CFA

Jamie Curtis Evans, #01-1900-CFA

Jamie Curtis Evans, #01-1901-CFA

Darren Steven Lawrence, #00-12101-MMA

Kirk Albert McGolrick, #00-3784-CFA

Nelson Ruiz, #01-2442-CFB

Aaron Julian Damico, #98-2576-CFA - $80 Application of Indigency Fee

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

Gary Wayne Frank, #00-11187MMA - $813 Court Costs and Fines

Coleen Lynn Goetsch, #99-2232-MMA - $986 Court Costs and Application of Indigency Fee

Vernon Gough, #95-13752-MMA - $177.50

Jay Grimes, #00-9287-MMA - $158

Maury Ivy, #01-4291-MMA - $198 Court Costs and Application of Indigency Fee

Ronald Gregory MacNeil, #00-3814-CFA - $368 Court Costs and Affidavit of Indigency Fee

Kelvin Wendell Whitt, #99-1612-CFA - #368 Court Costs and Affidavit of Indigency Fee

4. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:

Jeff Glenn Beach & Safety National Casualty Corp. - $3,038

Sante Robert Tomanio & Seneca Ins. - $2,038

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

Blaine Scott Adgar, #95000234CFA - $350

Roderic Lee Boling III, #91000265CFA - $300

Karlos C. Cashe, #01008627MM - $100

Christopher Cotten, #01014048MM - $50

Mary J. Cottrell, #01000815CFA - $100

Kimberly R. Hardy, #00002141MM - $200

Carlethia L. Hutchinson, #01013859MM - $200

Wendy Ann Kemmerer, #97002286CFA - $200

Claridy A. Lee, #01011966MM - $200

Perry R. Matthie, #01002101CFA - $200

Debra Ann Parker, #93007811MM - $240

Salvatore P. Pernicano, Jr., #99012053MM - $200

Tony Pritchard, #97006532MM - $200

Miguel Hipolita Rivera, Jr., #97001297CFA - $200

Charlene Robinson, #88001080CFA - $350

Penelope (S.W.) Woodward, #95001432CJA - $250

Raymond A. Beauchesne, #97001170CFA - $200

Daniel J. Bromberg, #98012707MM - $200

Sharon JB Brush, #98003481CJA - $100

Karen Davids, #98002851CJA - $250

Clyde Posten Dilling, #98012841MM - $200

Todd David Elliott, #89003064CFB - $300

Jesula Elneus, #98006834MM - $200

Albert L. Ely, #98007420MM - $200

Anthony Jay Fetterly, #98001171MM - $200

Luis Giraldo, #98012891MM - $225

Alicia E. Grady, #98006503MM - $200

Pamela (W.A.) Harvey, #94000741CJA - $150

Sharon KH Hubbard, #98002478CJA - $100

Carrie Lee Jones, #94001127CJA - $10

Robert Mark Keeter, #97003754CFA - $250

Henry Layfayett, #96011924MM - $100

Clyde Littles, #98002125MM - $200

Joy Marie Lovette, #97002922MM - $200

Carole Mary Marghilano, #96003033CFA - $150

Fernando Martinez, #97001438CFA - $200

Monte McPherson, #98004532MM - $200

Warren Gary Middleton, #97009457MM - $100

Sterling Michael Mooney, #96007335MM - $100

Charles Parker, #97012959MM - $100

Priscilla Jean Peterson, #97010512MM - $200

Julio A. Ramos, #98011795MM - $200

Phillip Eugene Register, #93001695MM - $200

Matthew c/o Suncrest TI Roberts - #97013054MM - $200

Matthew c/o Suncrest TI Roberts - #97002479CFA - $200

Corey T. Rouse, #98001580MM - $100

Samuel Arthur Rushing, #96009720MM - $25

Samuel Arthur Rushing, #96011850MM - $25

Samuel Arthur Rushing, #96006814MM#2 - $25

Mina Setordepour, #98001730MM - $200

Tony L. Smith, #96003200CFA - $200

Tony Lee Smith, #96000274CFA - $350

John G. Stidham, #98004495MM - $200

Ronald Weaver, #98008630MM - $100

Richard Wentworth, #98001287MM - $200

Nicholas Wilks, #98000930CFA - $300

Gregory Williams, #98001698MM - $200

Sandra Lee Wilson, #96001016CFA - $350

George K. Wise, #96003473CFA - $200

Daniel Joseph Aitken, #94009611MM - $75

Harry O. Alicea, #00002541MM - $200

Joseph N. Aycock, #98007038MM - $200

Jackie L. Barks, #99008627MM - $200

Herla Barthelemy, #94002301CJA - $25

Arthur Blish, #99001124CFA - $200

Linda Brown, #99001033CJA - $100

Michael J. Carrano, #99002845CFA - $100

Priscilla Lea Conley, #94007756MM - $200

Nam Hai Dang, #99010893MM - $200

Willie H. Davis, #99009463MM - $200

Meredith L. Dinardo, #00007427MM - $200

Steve R. Fenstermache, #99004014CFA - $100

Lisa M. French, #98005862MM - $200

David R. Girst, #00002497MM - $200

Raimundo Gonzalez, #00007826MM - $200

Paul Guernsey, #00005911MM - $200

Yolnada Harmon, #98001217CFB - $200

Larry E. Hood, #99007109MM - $200

Anthony D. Howard, #99002623CFA - $200

Queovas B. James, #98000747CFA - $300

Richard Ronald Johnson, #95003827MM - $200

Jay T. Kappert, #00001589MM - $200

Vincent J. Manak, #00004931MM - $200

Michael R. McWilliams, #95000039MM - $200

Mylee Monfore, #98006915MM - $200

Peter Norris, #99004304MM - $200

Peter Norris, #99001808MM - $200

Timothy P. O’Boyle, #00000661MM - $100

Salvador Ojeda, #99001690CFA - $350

Wilfredo Orengo, #93001388CFA - $350

Wilfredo Orengo, #94003217CFA - $200

Wilfredo NMN Orengo, #96000688MM - $200

Wilfredo Orengo, #99011293MM - $100

Richard Pedigree, #00000412MM - $200

Michael R. Quatermaine, #00001827MM - $200

Tony E. Russell, #97001334CFA - $350

Robert W. Russo, #98002233CFA - $200

Shawn R. Sawyer, #92014273MM - $200

Scott Schwartz, #00004952MM - $200

Paul J. Smith, #00006110MM - $200

Angela Marie Tamburro, #96000024MM - $100

Harry F. Utley, #99005479MM - $500

William R. Voss, #98012258MM - $200

Jason F. Wagner, #99001569CFA - $100

Sherry Williams, #94002209CJA - $150

Robert Lee Williamson, #92004398MM - $75

6. Official Minutes dated March 26, 2002.

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

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

1. Letters from Kathy Fall, Planning, to the following relative to the March 25, 2002 Board of Adjustment meeting action: Selina Jackson/Arthur Jackson; Steven W. Garver, Sr.; Curtis & Janet M. Mann (3); Joseph P. Hudson; Terry & Susan Seay; Hunt Club Associates of Orlando; Ava Tunstall; Larry Houck; Michael Kern/Margaret Wyatt; Peter & Ann Petino/Leigh Beyer; Frank Salzmann; Jeff Sampson; Mathew & Anita Staver; Glenn Foerster; Robert Heckman; Gail & John Stopelli; Richard & Permelia Ehle; Spanish Congregation of Jehovah’s Witnesses, Inc.; and Hindu Society of Central Florida.

2. Warranty Deed, as shown on page _______, for Zueriq Housing Co. relating to Tract B, Lift Station area, Greystone.

3. Bill of Sale, as shown on page ________, for Greystone Community Association.

4. Change Order #2, as shown on page ________, to FC-1161-01.

5. Change Order #1, as shown on page ________, to FC-1172-01.

6. Work Orders #28, #29, and #30, as shown on page _______, to FC-1139-00.

7. Consultant Services Agreement M-308-02, as shown on page _______, Ardaman & Associates.

8. Work Order #1, as shown on page _______, to PS-5105-01.

9. Work Order #10 & #11, as shown on page _______, to PS-590-01.

10. FC-1177-02 Agreement, as shown on page _______, Gibbs & Register.

11. Memo from Jeff Hopper to Sandy McCann advising Ordinance #2001-43 rezoned properties in two separate zoning cases, SR 46/Ryland Group and Sanford Commerce Center, aka Monroe Commerce Center North.

12. Work Order #40, as shown on page _______, to PS-543-99.

13. First Amendment, as shown on page _______, to Work Order #36 to PS-543-99.

14. Engineering Services Agreement M-305-02, as shown on page ________, EMI Consulting Specialties.

15. First Amendment, as shown on page ________, to Engineering Services Agreement M-259-01, Professional Engineering Consultants, Inc.

16. Public Facilities Report and Audited Financial Statements from South Seminole & North Orange County Wastewater Transmission Authority for Fiscal Year ended September 30, 2001.

17. Work Order #1, as shown on page _______, to PS-5103-01.

18. Work Order #1, as shown on page _______, to PS-581-01.

19. Work Order #2, as shown on page _______, to FC-1164-01.

20. Work Order #31, as shown on page _______, to FC-1139-00.

21. Utility Easements, as shown on page _______, between Express Shop IV, Inc. and Seminole County and Aloma Commerce Center, Inc. and Seminole County.

22. Temporary Construction Easement, as shown on page _______, between the Orthodox Church of St. Stephen The Protomartyr and Seminole County.

23. Warranty Deeds, as shown on page _______, from Strong Intergroup, Corp. and Narbi International Investments, Inc.

24. Drainage Easement, Conservation Easement, and Cross Access Agreement and Grant of Easement, as shown on page _______, from Kevin C. Felgenhauer.

25. Work Order #51, as shown on page _______, to PS-532-98.

26. Final Change Order, as shown on page _______, to FC-1126-00.

27. First Amendments to Work Orders #6, #7, #8, and #9, as shown on page _______, to PS-534-98.

28. Report No. 02-180, Operational Audit of the Florida Department of Education Florida Bright Futures Scholarship Program for Fiscal Year ended June 30, 2001.

29. Work Order #1, as shown on page _______, to PS-596-01.

30. Special Warranty Deed, as shown on page _______, dated March 13, 2002, from Mark H. Goodman, relating to the Bail Bonds Building on 17-92.

31. Title Policies, as shown on page _______, No. FA-35-663354 and No. FA-35-663355 dated September 18, 2001; and Warranty Deed dated March 1, 2002, from Howard E. and Christy L. McDonald, relating to Wymore Road.

32. Title Policy, as shown on page _______, No. FA-35-692209 dated January 9, 2002, relating to Lake Emma Road.

33. Title Policy, as shown on page _______, No. FA-35-710718 dated December 8, 2001, relating to SR 46A, Phase III.

34. Copy of Recorded Amendment, as shown on page ________, to the Interlocal Agreement Creating the Orlando Urban Area Metropolitan Planning Organization, approved by the Board on September 25, 2001.

35. Satisfaction of Connection Fees, as shown on page _______, for Ballentyne Subdivision.

36. Conditional Utility Agreements, as shown on page ________, for Water and Sewer Service for PLM Associates, Ltd.

37. Bids as follows: PS-5114-02; CC-1179-02; RFP-4154-02; DB-607-01; and RFP-4145-02.

REGULAR AGENDA

District Commissioner Morris recommended approval of the Interlocal Agreement for roads transfer between Seminole County and the City of Winter Springs.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, for Road Maintenance Responsibilities between Seminole County and the City of Winter Springs.

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

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, between Seminole County and the City of Winter Springs for Spring Avenue.

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

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The Chairman, thereupon, recessed the meeting at 10:10 a.m., reconvening at 10:21 a.m., this same date.

COUNTY MANAGER’S BRIEFING

Byron Brooks, Executive Director of LYNX, addressed the Board to give a PowerPoint presentation (copy of slides were received & filed) for the LYNX Mid-Year Update. He discussed the organizational overview including the following: Budget, Operating Revenue by Source, Seminole County Funding for FY 01/02, Sample of Operating Efficiencies, Current Service Area, Service Characteristics, and Ridership Information.

Mr. Brooks continued his presentation by giving a Paratransit Update, advising LYNX, as the Community Transportation Coordinator (CTC) is responsible for: Transportation Disadvantaged Trips (State), Medicaid Trips (State), and Americans with Disabilities Act Trips (Local & Federal). He further advised that the transportation service is outsourced with a complete system overhaul and the new service date is May 1, 2002. He stated Senate Bill 100 prohibits LYNX from serving as CTC and House Bill 1943 prohibits TD funding. He reviewed and discussed the following slides: ADA Budget FY 01/02 and the System and Policy Changes for ADA.

Under discussion with Commissioner Maloy, Mr. Brooks reviewed the reservation and scheduling process for ADA trips. Mr. Brooks stated LYNX brought in an outside consultant to look at the best practices across the Country and the new overhaul and system put in place reflects that.

Upon inquiry by Commissioner Morris, Mr. Brooks advised if LYNX is no longer the CTC, they could potentially lose $2.3 million and the effect on Seminole County would be from $400,000 to $500,000. Discussion ensued.

Commissioner Van Der Weide pointed out that the MPO has not made a decision yet. He stated that the important thing is that everyone wants to serve these people in the community and they are drastically under-funded. The major goal was to increase the funding, which has been done.

Commissioner Morris stated now that LYNX has gone through a major self-analysis, has reformed itself, and is starting a new program May 1^st, he does not see how the Legislature can pass a bill like SB 100. He said this is the third bill passed in this session that is a home rule issue.

Mr. Brooks continued his presentation by giving an update on the Fixed Guideway/Rail Project.

Commissioner Van Der Weide advised the MPO has held meetings recently and generally no one spoke in opposition to the commuter rail proposal.

Chairman McLain stated it is important that the BCC makes a decision to commit to this project as there is a timeline to meet. He added that one of the keys is to make sure all the local funding partners are on board.

Mr. Brooks concluded his presentation by reviewing the following slides: I-4 Mitigation of Traffic Project, N. Orange/S. Seminole ITS/BRT Circulator, and Transit System Plans. He thanked the Board for their support and the County staff for their assistance.

Copy of Letter from Mr. Brooks to Sally Sherman, dated April 22, 2002, regarding Senate Bill 100 was received and filed.

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Mr. Grace advised that due to time constraints, staff will present the Transit Funding Briefing item during this afternoon’s meeting.

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Discussion ensued with regard to Senate Bill 100.

Commissioner Morris stated he believes, based on home rule, that the Board should voice their opposition to this bill.

Commissioner Henley stated that he understands from the earlier discussion, that the County will be impacted by a loss of Federal funds if the bill stands. Additional discussion ensued.

Chairman McLain stated LYNX is a regional organization that Seminole County is a partner with. He questioned why the State would dictate to the local community that LYNX cannot participate as CTC, especially when they are re-engineered and have corrected past problems and have contracted with a new organization that has impeccable credentials.

Commissioner Van Der Weide stated there seems to be a lot of “ifs” and “maybes”. He advised that during his meeting yesterday, Rep. Simmons (who voted for the bill) stated that none of the contracts LYNX has signed were in jeopardy.

Commissioner Morris stated this is a badly written bill that needs to be vetoed. He pointed out that the effective date in the bill is July 1, however, it won’t start up until October 1. He reiterated that this is a home rule issue.

Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Chairman to draft and sign a letter representing that the BCC is urging the veto of Senate Bill 100, due to the confusion in the way it is written, specifying the reform of LYNX, stating the potential loss of $2.3 million in funding, and because this is a home rule issue; to be contingent upon similar action by Orange County.

Under discussion, Commissioner Maloy stated he believes this is a wrong course to take and believes it would be more productive to speak with representatives of the Speaker’s office to discuss this issue. He added that he is hearing that $9 million of State-wide transportation funds could be in jeopardy if the bill is vetoed.

Commissioner Van Der Weide said his concern is the fact that MPO has not taken action on this.

Chairman McLain expressed his concern that the County’s own legislative representative, who is the Speaker of the House, has not communicated to the Board about this last-minute bill cutting LYNX out.

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

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Commissioner Van Der Weide left the meeting at this time.

Director of Public Works, Gary Johnson, addressed the Board to introduce Carla Palmer of the St. Johns River Water Management District. He stated staff has prepared a presentation with regard to the proposed land swap with the Estates of Lake Howell. Copy of letter from Kenneth Wright, Shutts & Bowen, to the Board dated April 23, 2002 was received and filed.

Stormwater Manager, Mark Flomerfelt, addressed the Board to give a PowerPoint presentation (copy of slides were received & filed) on the Regional Water Quality Efforts within the Howell Creek Basin.

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

Mr. Flomerfelt reviewed the Lake Ann Lake Outfall Project, explaining three deficient culverts have been replaced, culverts have been shifted to improve alignment with the channel and avoid erosion around existing trees, velocities have been reduced, rip rap has been added for erosion control, and a water quality baffle box has been installed. Additional objectives are to improve water quality and reduce erosion. He also reviewed the proposed property exchange, advising the County would swap 3.62 acres of pond and receive the following: (1) Retain exclusive permanent drainage easement over 3.6 acres; (2) County facilities to remain onsite and unchanged; (3) Developer assumes aesthetic maintenance of facilities within the 3.62 acre permanent drainage easement; (4) Five acres of wetlands fee simple without conservation easement; and (5) 19.2 acres of wetlands fee simple, subject to a conservation easement with specific language that allows a wetland enhancement/Stormwater attenuation project by Seminole County, subject to permitting.

Mr. Flomerfelt gave an overview of the retrofit project’s conceptual design, stating he believes it can be permitted and will be an improvement for the area.

Mr. Johnson stated that in conclusion the potential benefits would be approximately 24.2 acres of wetland enhancement with approximately 290 acres being treated that is currently not being treated. He stated with the swap there would be no land acquisition cost and minimal construction cost ($150,000 for design & permitting and $100,000 construction vs. $2 million including land acquisition). The project would have water quality benefits to both Lake Howell and Lake Jesup. He said staff is recommending the property exchange because in their opinion, it is the lowest cost alternative for a comprehensive water quality retrofit project for the sub-basin; and it is consistent with the pollutant load reduction goals, EPA/DEP, and multi-agency efforts in the St. Johns River Middle Basin Plan. He added that staff also believes the swap provides regional benefits and would request authorization to prepare the final documents for Board approval at the May 14, 2002 meeting.

Commissioner Henley stated he was not briefed on his item before today’s meeting. He stated that there is a significant drop in elevation and questions what type of compensation is planned in order to keep the water at the existing level.

Mr. Johnson stated a comprehensive survey would need to be done prior to obtaining the permit from St. Johns.

Upon inquiry by Commissioner Henley, Ed Torres, Stormwater, addressed the Board to discuss the other inlets going into Lake Howell.

Mr. Flomerfelt stated staff believes they can improve the wetlands and ultimately improve the water quality in Lake Howell with this project.

Chairman McLain stated that this is one part of a big picture. He said this proposed project will not solve all of the problems, but it is a first step.

Upon inquiry by Chairman McLain, Ms. Palmer, SJRWMD, addressed the Board to advise the District has been a partner with Seminole County on many water quality improvements projects in the recent past and this project is another one that they agree with County staff that needs to be done to improve water quality.

County Attorney, Robert McMillan, advised the land exchange is not done at a public hearing, but at a public meeting. He added there is a requirement to advertise the meeting.

The Chairman requested staff to make sure to brief all Commissioners prior to the next meeting on this issue, if it is brought forward.

Commissioner Morris stated he believes staff has gone a long way to answer questions, but feels many of the questions will be answered during the permitting process. He said he wants to get it on the record now that the exchange is conditional on the Environmental Resources Permit.

Commissioner Van Der Weide stated he is in favor of moving to the next step.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to direct staff to move forward with the advertising of the Estates at Lake Howell Pond/Wetlands Exchange, with the swap to be tied to obtaining the Environmental Resources Permit.

Districts 2, 3 and 5 voted AYE.

Commissioners Maloy and Henley voted NAY.

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The meeting was recessed at 12:02 p.m., reconvening at 1:37 p.m., with all Commissioners and all other Officials, with the exception of Commissioner Van Der Weide who entered late and Deputy Clerk Sandy McCann who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PRESENTATION/CITY OF SANFORD

Mayor Brady Lessard, City of Sanford, and City Manager Tony VanDerworp addressed the Board. Mayor Lessard thanked the Board for the innovative program to bring the Mayors and City Managers to the Board to update them and the public watching at home. He gave the analogy of the City being an “unruly child.” He said due to some pressures that were out of the City’s control as well as pressures caused by the City, it was allowed to slide into disrepair pretty much across the board. When you’re the mayor of a city you start to view it as part of your family. About five or six years ago, Sanford citizens decided it was time to send the “child” off to boot camp and straighten out some of the things they had been doing wrong for quite awhile. Sanford had answered a fleeing tax base, business and residential, with the traditional increase of millage rates to offset those dollars lost. That hasn’t worked anywhere in the country. Sanford was left with a residential base that suffered greatly. Five or six years ago the people looked at it and said, why would anyone want to live in Sanford. He also stated the industrial bas had fled from Sanford, and this all ended with a recipe for disaster. He is proud to say today that the industrial and residential bases are not only on the rebound but also in pace with any place in Central Florida. He said the airport is expecting 1.8 million passengers this year. He said the industrial parks have rebounded tremendously. The City is in the process of playing host to the largest foreign investment ever. The City’s residential base downtown has been named one of the top ten neighborhoods in Central Florida to live for three of the last five years. He said the County has been a significant partner in the City’s endeavors.

Mr. VanDerworp presented a PowerPoint presentation (copy received and filed). He stated the City will celebrate its 125th birthday starting in September and culminating in July. He reviewed the following topics: Population Growth; Joint Planning Agreement with the County; Sanford Master Plan; Transportation Infrastructure; Planned Development in Sanford; Rinehart Road; Sanford Assistance for Industrial Development; Orlando Sanford Airport; Various Initiatives for the Downtown Master Plan, Downtown Investment, the Lake Monroe Riverwalk, and Infill Development Sites.

Commissioner Van Der Weide entered the meeting at this time.

Mr. VanDerworp continued reviewing other Initiatives for Renovation, the Historic Sanford Memorial Stadium, the Larry Dale Aquatic Center, naming of Goldsboro as a Front Porch Community By Governor Bush, Rand Yard Road Network, SR 46 Development Standards, Highway 17/92 Redevelopment, and the Farmers’ Market Redevelopment.

Mayor Lessard discussed some of the things the City is proud of is moving the Police Department from the category of dysfunctional to one of the leading agencies in the area; for the last five years, the City has lowered its millage rates.

Commissioner Morris left the meeting at this time.

Mayor Lessard stressed how appreciative the City has been for the County Commission, and said they now have a large blue-collar base, and they greatly appreciate the fact that the Board has maintained that as a component. He expressed the pride they have in the Historic Memorial Stadium and said the City has quite a bit of history.

Chairman McLain expressed appreciation to the Mayor for coming and congratulated him for his leadership shown as a City Commissioner and now as Mayor.

Commissioner Van Der Weide congratulated Mr. VanDerworp as the best planner the County ever had and Mayor Lessard for his leadership on what’s taking place in Sanford.

Commissioner Morris reentered the meeting at this time.

Commissioner Henley stated he is glad to see there are people now who realize what a unique situation that Sanford finds itself in. He said it won’t become the premier city overnight it used to be, but this has to be done project by project, day by day.

Commissioner Maloy stated he is glad to see the date approaching in July for the Riverwalk project. Mayor Lessard said he will give an update later on this to the Board.

COUNTY MANAGER’S BRIEFING, Continued

Chairman McLain stated the Board need to discuss Briefing Item #61 (Estates at Lake Howell – Pond/Wetlands Exchange) again for clarification.

Commissioner Morris stated his assumption on this item was that it was one overall permit and he did not realize it was a County permit and an applicant’s permit. He asked for the next public meeting on the subject that they have staff advertise two different ways—one advertisement tied to the applicant’s permit and another ad tied to the County’s proposed permit. He understands the process can take four to six months as a minimum for initial approval. He said 120 hearings could take a year. He heard that the St. Johns was looking at finding funding for the permit process. His suggestion is, if the motion maker concurs in terms of clarification, is to advertise both ways, as there was confusion on his part. He said he would make the effort to call the individuals who were present at the meeting to tell them of his mistake.

Commissioner Van Der Weide stated he concurs with the suggestion by Commissioner Morris.

Mr. McMillan stated since it is the consensus of the Board, staff will go ahead and handle it that way unless there is an objection.

Commissioner Henley stated he objects. He said he was very clear all along. The applicant getting a permit does nothing for the County to accomplish what they want to accomplish. The crucial thing for the County to be able to make the necessary changes is for the County to be given the type of permit they want. He understands what Commissioner Morris is trying to do and his confusion on the issue, but he thought it was tied to the County being able to get the permit to do what the County wants to do.

Commissioner Morris shared the conversation he had with the Public Works Director relative to any transfer that would occur in terms of environmentally what they could do.

Gary Johnson, Public Works Director, advised if the County takes possession of the property, the permit that would be issued to the applicant would establish a conservation easement over the 19 acres. The County taking possession of the 24 acres would enable them to deal with some of the current issues on the property. They could deal with the issues more immediately if the County takes possession of the property. They could manage the property while they find out what it would take to get a permit to do a wetland enhancement project. There is some value to the County acquiring the property prior to having the determination made of what wetland enhancement they could do.

Chairman McLain said he thinks the motion maker and seconder to the motion have agreed they are willing to modify the motion.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to amend the motion for clarification as stated by Commissioner Morris.

Commissioner Henley said the order from the Hearing Officer says nothing can be done that may impact the value. He questions this implication that the County can get on the property and do things without a permit. The conservation easement, by its purpose, is to maintain it in its natural state. He doesn’t think St. Johns is going to allow the County to do that without a permit. They have got to get a permit to do anything they want to do.

Chairman McLain said he thinks the good thing is that the motion is to bring this forward at a public meeting and advertise it; and the public will have the opportunity to watch the Board debate the issue. All they are trying to do is modify the motion as made. How they advertise is not tied to the permit. Whereupon, Commissioner Morris said if they advertise both ways, it would be clear. He doesn’t want anyone to think the Board discussed one thing this morning and then took another action this afternoon.

Whereupon, Chairman McLain said the motion is for staff to advertise both ways, with and without a permit.

Districts 2, 3, and 5 voted AYE.

Commissioners Maloy and Henley voted NAY.

Commissioner Morris left the meeting at this time.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

VACATE AND ABANDON/BRIAN BREEDLOVE,

BIFBREED INVESTMENTS,INC.

Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning that portion of the unimproved public right-of-way of South Drive located approximately ½ mile west of East Lake Drive and approximately 1050 feet south of Center Drive, Casselberry, Brian Breedlove, BifBreed Investments, Inc., received and filed.

Cynthia Sweet, Planner, addressed the Board to state the applicant found that vacating that portion of the public right-of-way of South Drive will allow the proposed Brookwood Forest Subdivision to align with the existing subdivision to the east known as Whitesand Cove. She said staff recommends adoption of the Resolution to vacate and abandon the portion of the right-of-way as requested.

Bob Buforan (phonetic), President of BifBreed Investments, Inc., 6108 Turtle Mound Road, addressed the Board to state he accepts the staff proposal.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley, to adopt appropriate Resolution #2002-R-76, as shown on page _______, vacating and abandoning that portion of the unimproved public right-of-way of South Drive located approximately ½ mile west of East Lake Drive and approximately 1050 feet south of Center Drive, Casselberry; as described in the proof of publication, Brian Breedlove, BifBreed Investments, Inc.

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

REZONE FROM R-1 TO PLI/SEMINOLE COUNTY

PARKS & RECREATION DIVISION

Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from R-1 (Single Family Dwelling) to PLI (Public Lands and Institutions) to allow for the creation of a public park for property located on the west side of Spring Avenue, north of SR 434 along the shore of Lake Jesup; Seminole County Parks & Recreation Division, received and filed.

Cathleen Consoli, Planner, addressed the Board to state the staff has no objections to the PLI zoning as it is consistent with the adopted Vision 2020 Comprehensive Plan.

No one spoke in support or in opposition.

Commissioner Morris stated a community meeting was held and one thing the residents wanted was that the area be preserved. The community, as a whole, was very supportive of what the County was trying to do. Some of the issues raised have been corrected. He thinks the way they handled the public meeting is why there is no opposition today.

Motion by Commissioner Morris, seconded by Commissioner Henley, approve, by adoption of Ordinance #2002-22, as shown on page _______, rezoning from R-1 (Single Family Dwelling) to PLI (Public Lands and Institutions) to allow for the creation of a public park for property located on the west side of Spring Avenue, north of SR 434 along the shore of Lake Jesup; as described in the proof of publication, Seminole County Parks & Recreation Division.

Chairman McLain stated Commissioner Morris did a great job on this effort.

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

COUNTY MANAGER’S BRIEFING, Continued

Transit Funding

Alice Gilmartin, Planning, addressed the Board to thank Mr. Grace and Mrs. Sherman for their help in coordinating with the cities throughout this entire process. She showed a PowerPoint presentation from the public hearings last September about FY 2001/02 Transit Service to remind the Board of what the shortfall is for this year. She said there is almost a $700,000 shortfall that the Board approved to fund from the one-cent sales tax. She said the Board directed staff to meet with the cities to try to work something out. Staff went to the City Mayors and Managers group in September and they authorized a subcommittee be formed, and the outcome was to look at sharing the costs of ADA. She said the County is funding ADA and the full County services was only about $48,000 this year and that has escalated.

Mr. Grace explained that what came out of the Manager’s group was a short-term solution, and the recognition of the group was that there is a longer term-need.

Commissioner Maloy said one thing they have to resolve is for the cities who don’t pay, but with services provided, those that want services outside the 3/4 mile area, and those cities that want services just within the 3/4 mile area. He said there could be three scenarios of the cities wanting different levels of services.

Dick Boyer, Planning, addressed the Board to state last year the County paid for all transit costs, and the nine cents and City money was used. This year, it was broken out into a fixed and RTA, which is a fixed bus route and membership in the RTA, using the nine cents and the City contributions to pay for it. The draft handout of estimated transit costs for FY 2002-2003 was received and filed. Mr. Boyer reviewed from his handout and said there is an $18,000 shortfall this year. He discussed the payments by the Cities and the status of City support for funding FY 2002/03 ADA services. Mr. Grace stated he understood that the City of Longwood voted not to support this funding. Mr. Boyer said the City of Sanford indicated today they want to support the funding but the numbers are not available. (Copy of letter to Chairman McLain from Mayor Lessard was received and filed.) Further, he said there has been no comment from Winter Springs at this point.

Ms. Gilmartin reported that Lynx indicated that the numbers they gave the County could be reduced up to 10% based on federal funding.

Bill Sheenan, Director for Lynx, advised they are not allowed to apply all the funds to ADA. They can only apply 10% of the federal dollars they have. They apply that percentage each year. He said the $2.3 million Mr. Brooks was referring to this morning is money taken directly off the costs of all their services.

Mr. Grace said staff wants to know if the Board thinks they are on the right track and if so they need an indication of whether the Board is interested in pursuing the full service for another year. He thinks they need to go back to the cities and build some consensus around the cities, as to whether ¾ or ¼.

Chairman McLain said he thinks they need to decide what they want to do in the unincorporated areas and then work with the cities.

Mr. Grace said one issue was whether they could do that with some cities doing the ¾ miles and some not. He doesn’t know if Lynx can run a program like that. Whereupon, Commissioner Maloy said when he asked this morning about alternate routes, Mr. Brooks said that could be worked out.

Commissioner Henley stated the Board need to know whether federal or state law would prohibit that. Discussion continued.

Commissioner McLain said he thinks the Board is saying they still want to work with Lynx and to move forward with what they are doing now with full service and during the budget workshop, they will have to make some decisions and have the cities lined up because they will have to make some decisions next year.

COMMUNICATIONS AND/OR REPORTS

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

1. Memorandum dated April 12, 2002, from Fran Sullivan, Tourism Development, to Annette Hatch, Executive Assistant RE: Approved minutes of the April 11, 2002 Tourist Development Council meeting.

2. Memorandum dated April 12, 2002 from Bob Briggs, Finance Manager, Environmental Services, to Sandy McCann, Recording Secretary RE: items transmitted for recording into public records (cc: Board, Co. Manager, Environmental Services Director)

3. Copy of letter dated April 8, 2002 from James C. Gamble, Certified General Contractor, to Board RE: Proposed changes in County Code Chapter 40 combining trade boards. (cc: Board, Co. Manager, Deputy Co. Managers, Planning & Development Director, Building Official)

4. Letter dated April 9, 2002 from Sharon Donoghue, Deputy County Administrator, Orange County, to Chairman RE: 2002 Greater Orlando Area U.S. Savings Bonds Campaign kickoff. (cc: Board, Co. Manager, Deputy Co. Managers, Human Resources)

5. Notice of Public Hearing from the City of Oviedo RE: Amendment to incorporate Parcel 16 of the Oviedo Marketplace DRI. (cc: Board, Co. Manager, Planning)

6. Letters of appreciation for donations to Betty Sexton and Catherine Paden from Kenneth M. Roberts, Public Safety Director.

7. Emails to Board in opposition to Lake Jesup Woods and Esterson Amendment. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Planning)

8. Email from Chris Drummond to Chairman RE: opposition to Senate Bill 100 (cc: Board, Co. Manager, Deputy County Managers)

9. Contract for services, as shown on page _______, between Seminole County and Joseph Wallbank (umpire), Osiris Luna (scorekeeper) and Kyle Maggiacamo (scorekeeper).

10. Facsimile dated April 22, 2002 from James C. Gamble, Certified General Contractor, to Board RE: opposition to eliminating trade boards. (cc: Board, Planning & Development, Building)

11. Copy of letter to Kevin Grace, County Manager, dated April 18, 2002 from Dennis Dolgner, Administrator, Seminole County Port Authority RE: consideration of request to televise Port Authority Board meetings on SGTV. (cc: Board)

12. Memorandum to Sandy McCann, Recording Secretary, from Bob Briggs, Finance Manager, Environmental Services RE: transmittal for recording into public records (cc: Board, Co. Manager, Environmental Services Director)

13. Copy of letter from Kenneth M. Roberts, Public Safety Directory, to Catherine Paden dated April 11, 2002 in appreciation of recent donation.

14. Correspondence dated April 12, 2002 from Cynthia Porter, Deputy City Clerk, City of Sanford, to County Manager RE: ordinance annexing property located at 2000 Sanford Avenue. (cc: Board, Planning & Development Director, Planning, Supervisor of Elections)

15. Letter dated April 16, 2002 from Kenneth Wright, Shutts & Bowen, to Board RE: KGB Lake Howell LLC/Estates at Lake Howell. (cc: Co. Manager, Stormwater Manager, Steve Baker, Scott Lindstrom, Bob Zurcher, Jeff Einhouse)

16. Email to Board from Gary and Dawn Mattingly RE: opposition to Wendover Development next to Tall Trees subdivision. (cc: Planning & Development Director, Planning Manager, Planner)

17. Contract for services, as shown on page _______, between Seminole County and Hector Villarroel (tennis lessons), Osiris Luna (scorekeeper) and Stephen Astafan (scorekeeper).

CHAIRMAN’S REPORT

Chairman McLain stated when the Irish Delegation met with the Board earlier this year, they invited the Board to visit with them this year, and he has reluctantly agreed to fly over, with the contingency of Kevin Grace and the Airport.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve Chairman McLain taking a trip to Ireland this year, in response to the invitation by the Irish Delegation.

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

Commissioner Maloy voted NAY.

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Chairman McLain said a few weeks back, a private sector professional brought to his attention that Orange County was showing favoritism with Orange County businesses and was actually limiting the scoring of outside firms. His approach has always been to take a regional approach to that.

Mr. Grace stated staff looked into this and Orange County does have a preferential program. It looked to be fairly minor, but after looking more, it is a broader program. He said Seminole County has a location aspect to selections for professional services, but it is more of a regional approach. He said the Board may want to consider sending a letter to Orange County addressing their concern.

Commissioner Van Der Weide stated he is not sure they want to stop at that. He said this keeps coming up over and over again and sooner or later they are going to have to do something. Whereupon, Mr. Grace said he would be glad to talk to Orange County about this.

Commissioner Maloy said he supports a conversation from staff and a letter, if necessary, from the Board to address the concern.

Commissioner McLain said they need to send Orange County a copy of Seminole County’s policy. He is in favor of being a little stronger in their emphasis. Commissioner Van Der Weide agreed.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Maloy advised he received some phone calls on traffic improvements onto Eagle Circle from Red Bug Road. He said Traffic Division feels the safest thing to do is put two left turn lanes going through Deer Run. The Board approved those funds last week and staff is moving forward on that.

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Commissioner Maloy reported that he got a visit from City of Oviedo Chairman O’Hanlon and sent the information to the County Manager. He will be requesting $1 million for an amphitheater, but there has not been an official request at this point. Chairman McLain and Commissioners Henley and Morris also advised of their conversations with Chairman O’Hanlon.

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Commissioner Morris stated an item was brought up at the earlier meeting, and he wants staff to review the reader boards to see if some reasonable restraints could be made. Commissioner Van Der Weide said he thinks the key is wattage. Chairman McLain asked the County Manager to take note of this request.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to reappoint Alice Miller to the Casselberry CRA.

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

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Commissioner Morris praised the City of Winter Springs for a fine job done on their newsletter. He said he would pass around a copy for the Board’s review.

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Chairman McLain asked Commissioner Morris if he would be available to make presentations to the Board on “The Role of Regional Councils (RCs) in Homeland Defense” handout (copy received and filed).

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Commissioner Morris advised The Department of Juvenile Justice ceremony will be held on May 1, 11:00 a.m. at the Seminole County Services Building in the Chambers. He said Seminole County is the first in 20 circuits to get a quality assurance status that is being awarded to the County, and that is very significant.

COUNTY MANAGER’S REPORT

Mr. Grace reported on the audit from the Clerk regarding the professional services contracts in Engineering Division that basically there were three minor issues and staff agreed with them all and is taking corrective action.

Commissioner Henley stated the recommendations of what is needed is major and that is a detail that everybody has on the procedure. Whereupon, Mr. Grace said that is crucial; staff is working on that and there is still some work to do.

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Regarding the Altamonte Springs fire services merger, he thinks staff will bring that back on schedule without any major issues.

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Mr. Grace asked the Board to confirm that they do not wish to hold the first Board meeting in July as in the past. Discussion ensued on whether to not hold the first meeting in July or second meeting in June.

Commissioner Van Der Weide left the meeting at this time.

Chairman McLain asked Mr. Grace to see which meeting date is actually needed, but the preference is to cancel the June 25, 2002 meeting.

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The Board recessed at 3:00 p.m., reconvening at 7:02 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PUBLIC HEARINGS

APPEAL AGAINST BOA/Seminole County

Continuation of a public hearing to consider request to Appeal the decision of the Board of Adjustment in approving a request by Cingular Wireless/Crown Castle International for a special exception to allow a 150 ft. high monopole telecommunication tower and separation variances; property located on the south side of Red Bug Lake Road, approximately 200 feet west of Dovera Drive, Seminole County, received and filed.

Tony Matthews, Planning, addressed the Board to review the request as outlined in the agenda memorandum. He stated staff recommends denial of the request with the following staff findings: (1) The aesthetic impacts of a 150 foot high monopole telecommunications tower would not be in keeping with the character of existing residential uses within 450 feet of the proposed facility and with property assigned with Low Density Residential future land use designation and R-1A (Single Family Dwelling District) zoning; (2) The proposed tower would be incompatible with adjacent development trends (i.e., the strict development standards within the Oviedo Marketplace development); (3) The proposed tower would be highly visible from all directions, including Red Bug Lake Road; (4) The tower appearance has not been aesthetically enhanced in order for the Board of County Commissioners to grant a separation variance; (5) The proposed tower is inconsistent with the Seminole County Comprehensive Plan, which strives to protect existing and future residential neighborhoods from potential adverse impacts resulting from telecommunication towers; (6) The granting of the separation variances would violate the Land Development Code and would be injurious to the neighborhood, or otherwise detrimental to the public welfare; and (7) No new or additional information has been presented to warrant a change in staff’s recommendation of January 28, 2002. He informed the Board of a petition that is in the agenda packet from the residents of Tuska Ridge Subdivision objecting to the tower.

Attorney Robert Gatton, representing Cingular Wireless, addressed the Board to state the reason his client is seeking a tower in this location is because of the inadequate wireless communication service in this area. He displayed a map (received and filed) showing the current existing towers in the area and he reviewed the location of each tower. He displayed and reviewed a map (received and filed) showing the Tuskawilla search ring area that was used to try to identify a site and a map showing more detail of where the search ring area exists. He displayed and reviewed a map (received and filed) showing what would occur if the tower is approved and built. He stated his client has been working with staff to try to work out a solution to this issue. He said his client has offered a flagpole as an alternative and they are willing to do other types of camouflage. They have offered to flush mount the antennas so they won’t be as visible. Cingular Wireless has sought other sites as well as checking out Florida Power Corporation’s transmission lines and pole, but they did not meet the structure or coverage criteria. Florida Power & Light has a moratorium in existence to keep other companies from locating other towers. He displayed a letter (received and filed) from Dan Wehmeyer, Cingular Wireless Engineer, indicating that there are various factors needed to determine where the appropriate site would be for the tower. Mr. Wehmeyer indicated that this site would fit the coverage objective. There were issues raised about Florida Power & Light (FPL) towers. He displayed a letter (received and filed) from Cingular Wireless indicating that they have talked with FPL about locating a tower on that site. He displayed photographs of what the tower would look like if located on the site; showing the main entrance of the Tuskawilla Subdivision; and another view of the proposed tower. He also displayed and reviewed photographs of the Tuskawilla tower site looking west from Lowe’s parking lot and with the proposed tower superimposed. He also displayed photographs looking from the east and with the tower superimposed; as well as photographs looking southwest of the Lowe’s entrance and with the tower superimposed. He displayed a photograph looking from Tuskawilla Subdivision towards Lowe’s and a photograph with the flagpole superimposed, a photograph showing the view of the southwest toward Lowe’s and another one with the flagpole superimposed. All photographs viewed were received and filed. He stated several efforts have been made to try to work things out with FPL with no success. The funeral home nearby is not interested and Ross is not interested. He stated Cingular Wireless is interested in working out some type of compromise.

Upon inquiry by Commissioner Van Der Weide, Dan Wehmeyer, representing Cingular Wireless, addressed the Board to state Cingular Wireless does a number of things when they design or pick a location. He displayed a map (not received and filed) showing the current sites and he stated the tower located in Oviedo is 225 ft. high, the one south of SR 434 is 180 ft. and the one located on Dike and Dodd Road is 250 ft. He stated all of those are higher than the one they are requesting.

Upon inquiry by Chairman McLain, Mr. Wehmeyer advised they could place two more antennas on the 150 ft. tower, but the problem they have with that is finding someone wanting to come in at the bottom.

Upon inquiry by Commissioner Henley, Matt West, Planning, addressed the Board to advise he will look into where staff is on their research of where other towers are located and who owns them.

Commissioner Henley stated he feels it is crucial to know what other towers are around there and how many antennas are on them. He asked what the range would be for the tower.

Mr. Wehmeyer stated the range of the tower is running about 2½ to 3 miles and that is impacted by the height of the pole.

Shawn Campbell, Co-location Project Manager for Cingular Wireless, addressed the Board to state Cingular does work quite a bit with Florida Power Corp. in terms of trying to get them to cooperate in allowing them to co-locate on their structures. He stated it is FPL they have been trying to do this with for three or fours years now and have not had any success with them.

Chairman McLain requested that staff contact FPL to find out what their opposition is on this tower.

Commissioner Morris stated Cingular Wireless has drawn circles on the map, but they have not supplied any information on load ratios.

Mr. Wehmeyer stated what they have in the area is not just the coverage, but the growth as well. He displayed and reviewed a graph (not received and filed) for the Oviedo site and he stated the graph shows the usage trend has gone up and it is current this month. He explained for Commissioner Henley what is showing on the graph.

Commissioner Morris stated the ratio indicates that Cingular is over capacity.

Mr. Wehmeyer displayed a map (not received and filed) showing three directional antennas on a site where there is growth in areas pointed toward the site. Cingular Wireless is limited to specific numbers of channels on their entire system, based on FCC licensing. They must reuse those numerous times around their system and their physical spacing is based on where they can start to reuse channels.

Upon inquiry by Commissioner Morris, Mr. Wehmeyer advised Cingular is not over capacity but they are closely approaching it.

Commissioner Morris stated the photograph shows the tower in place from the Tuska Ridge Subdivision but it does not show where the building is and it does not show an 8-10 ft. chain link fence around it with barbed wire on top of it.

Chairman McLain stated the applicant has indicated that he is willing to work with the County relative to the site design, landscaping and buffering.

Rex Curry, representing Crown Castle International, addressed the Board to state Crown Castle had a BHR engineer produce these photographs simulations and he did instruct them to superimpose a 150 ft. tower.

Commissioner Morris stated when he met with the applicant, it was his understanding that Florida Power had rejected any request. It is not over capacity but approaching it and this variance will be the largest one granted with a cell tower. That roadway is very attractive and it is quite well done and he doesn’t understand why it can’t be moved back further from the roadway.

Mr. Curry displayed a site plan (received and filed) showing the setback radius and surrounding area. He pointed out the subject parcel adjacent to the larger Lowe’s parcel. He stated the radius indicates R-1 zoning and the colored arc is the 450 ft. setback radius. The green area indicates the three parcels being impacted by the setback. He indicated the location of the retention pond and he stated these lots are inside the setback zone.

No one else spoke in support or in opposition.

District Commissioner Maloy stated in looking at how most of the Low Density Residential future land use is not going to be developed as a subdivision, he feels that with a compromise and some enhancements, he would be comfortable with it.

Motion by Commissioner Maloy to uphold the Board of Adjustment in approving a request by Cingular Wireless/Crown Castle International for a special exception to allow a monopole telecommunication tower and separation variances; property located on the south side of Red Bug Lake Road, approximately 200 feet west of Dovera Drive, as described in the proof of publication, Seminole County, with the following conditions: (1) The cell tower to be a flag pole design and limited to 120 ft.; (2) The tower to be placed as far south on the property as possible; and (3) Staff to review the site plan for adequate landscaping and architectural enhancements, Notice of Decision on Appeal, as shown on page ________.

Commissioner Morris stated the residents of Tuska Ridge extensively oppose this request, therefore, he will not be voting for the motion. He stated this is a moratorium issue; it is not a denial, and it is a site that will be clearly visible by a number of homes in that area.

Commissioner Maloy stated staff will address the architectural concerns.

Upon inquiry by Chairman McLain, Mr. Matthews advised the code says the setback must be 300% and it looks like the three residential lots affected by this will be outside the zone.

Mr. Curry stated he believes it will be inside the zone.

Chairman McLain asked staff to go over what they feel would be an acceptable condition to the site plan as far as the building and landscaping.

Mr. West stated the variance was advertised for 380 ft. setback instead of 450 ft.

Upon inquiry by Chairman McLain, Mr. West advised in removing that variance, it will probably not have a chain link fence but they can do a wall or decorative type fence around it.

Chairman McLain recessed the meeting at 7:45 p.m., reconvening at 7:55 p.m., to allow the District Commissioner and the applicant an opportunity to review the commitments further.

Commissioner Maloy stated during the break the County Attorney informed him that the variance for the second part is not necessary since it is a lower flag pole height.

Robert McMillan, County Attorney, stated the second variance is 380 ft. and they only need 360 ft., therefore, that is not necessary.

Commissioner Maloy stated the 20 feet next door to a property may be in violation, however, you can clearly see that it is a drainage pond with a parking lot surrounding it. The applicant has committed to an 8 ft. wall with split-faced block; the site plan to be limited to one building (residential in nature) with a shingle or tile roof; there would be no metal fencing, such as chain-link or barbed wire.

Mr. West stated obviously it is not the ideal site because it is proximate to Red Bug Lake Road. He stated there was a question whether or not this has to meet the six criteria for granting a hardship, even from the separation of the LDR that has a retention pond on it. Staff reviewed the code and it does not have to meet those six criteria, however staff is still opposed to it because it is still too close.

Commissioner Maloy stated staff is opposed to a flagpole but not a monopole.

Upon inquiry by Commissioner Maloy, Mr. West advised staff would not be as opposed if it is a monopole with a flush mount.

Commissioner Maloy reiterated the motion includes limiting the 120 ft. flagpole on the most southern part of the property.

Commissioner McLain stated he supports staff’s recommendation of no flag and no lighting other than what is required.

Commissioner Maloy modified the motion to include flush mount style so that it would have a smoother look and the 120 ft. pole to be located on the southern most part of the property.

Commissioner Van Der Weide seconded the motion.

Districts 1, 3, and 5 voted AYE.

Commissioners Morris and Henley voted NAY.

AMENDMENT/REZONE/Fox Chase Partners

Proof of publication, as shown on page _______, calling for a public hearing to consider request for a Small Scale Land Use Amendment from Office to Higher Intensity Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the north side of SR 426 (Aloma Ave.) and east of the Greeneway/Mystic Cove PUD, Fox Chase Partners, Ltd., received and filed.

Amanda Smith, Planning, addressed the Board to present the request as outlined in the agenda memorandum. She stated the preliminary PUD was approved for multi-family and commercial uses. The net density within the overall approved portion of the PUD is 15.6 dwelling units per acre. The remaining tract B will not be developed at this time. She said staff received a new plan and a revised commitment agreement (received and filed) and what she has handed out is what staff would like to have approved tonight subject to the following: (1) Within the PUD, the individual lot shall maintain the open space requirements as required by Code with an overall 25% of open space for the entire PUD; the active recreation uses shall include a tot-lot, clubhouse and pool for the multi-family portion and the passive recreation shall include a connection to the Cross Seminole Trail; the lighthouse feature within the multi-family tract shall adhere to the same setbacks as the multi-family apartment buildings; if the commercial tract is developed with a mini-storage facility, the height of the structure shall be limited to one-story and the exterior shall be painted in muted colors, such as gray and decorated split face block with blue or red trims; no vibrant colors for the exterior of the building with the exception of the red and blue trim; and the height of the multi-family and commercial buildings shall be limited to 40 ft. Staff recommends approval of the Land Use Amendment and Rezoning. Also, staff recommends approval of the revised Developer’s Commitment Agreement as well as the PUD final master plan.

Steve Jose, representing the applicant, addressed the Board to state he has worked with staff and is in agreement with the changes made this evening.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2002-18, as shown on page __________, for Small Scale Land Use Amendment from Office to Higher Intensity Planned Development; Ordinance #2002-19, as shown on page ________, rezoning to PUD (Planned Unit Development); and approval of the Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page ________, property located on the north side of SR 426 (Aloma Ave.) and east of the Greeneway/Mystic Cove PUD, as described in the proof of publication, Fox Chase Partners, Ltd., with staff comments.

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

ORDINANCE/WEKIVA RIVER PROTECTION AREA

ENVIRONMENTAL DESIGN STANDARDS

Continuation of a public hearing to consider an Ordinance – Wekiva Global Compliance Agreement/Wekiva River Protection Area Environmental Design Standards, as described in the proof of publication.

Craig Shadrix, Planning, addressed the Board to advise this is the second of two public hearings. He briefly reviewed the proposed request as outlined in the agenda memorandum.

Keith Schue, Central Florida Sierra Club, addressed the Board to submit a letter (received and filed) of recommendations and comments by the Sierra Club. He stated the Sierra Club is in support of this ordinance. He referred to Page 6, Section 6(c)(2) and advised the Sierra Club feels that this section should be modified.

Upon inquiry by Chairman McLain, Mr. Shadrix advised staff is in agreement with the Sierra Club’s comments relating to the design standards with the exception of the wildlife movement.

Mr. Schue stated the Sierra Club has altered the language of Section 6(c) Wildlife Movement, and they are suggesting the following: “The Seminole County Natural Resources Officer shall review proposed site plans to ensure that adequate provisions are made in the design of walls or fences to provide for wildlife movement, or if appropriate to serve as a barrier for the protection of wildlife. The use of water features that may become a hazard for wildlife in the vicinity of major roads shall be discouraged.” He stated the Sierra Club feels that gives a lot of flexibility to staff to be able to look at these issues.

Upon inquiry by Chairman McLain, Mr. West stated he doesn’t believe that is necessary and it is more than the global compliance agreement anticipated and he doesn’t believe it is necessary to add this into the ordinance at this time.

Mr. Schue stated the other issue the Sierra Club is requesting is the Protection of Water Resources.

Mr. West stated this is over and above what the compliance agreement requires.

Mr. Schue stated the other comment he has is whether or not PUDs are to be approved in the Wekiva Protection area. He stated there was discussion at the last public hearing whether or not they want to add language that would require a condition for any development approval or any type of rezoning, that a survey of wildlife and plant take place. What he is recommending is to include this as a condition for PUD rezoning requests.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #2002-20, as shown on page ________, enacting the Wekiva River Protection Area Environmental Design Standards, including comments outlined in the 4/23/02 letter from the Sierra Club amending Section 6(c)(2) and 6(d)(1), as described in the proof of publication.

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

ORDINANCE/SR 46 SCENIC CORRIDOR OVERLAY

OUTDOOR LIGHTING STANDARDS

Continuation of a public hearing to consider an Ordinance-Wekiva Global Compliance Agreement/State Road 46 Scenic Corridor Overlay Outdoor Lighting Standards, as described in the proof of publication.

Mr. Shadrix presented the request as outlined in the agenda memorandum. He stated staff deleted the section relating to advertising signs. The issues relate to the SR 46 Scenic Corridor Overlay that was adopted regulating lighting of certain types of signs within the 50 ft. setback from the right-of-way of SR 46. The issue is whether or not staff wants to extend lighting requirements on certain types of signs further back on this corridor.

Keith Schue submitted comments (received and filed) from the Sierra Club. He reviewed the Sierra Club’s recommendations relating to Outdoor Advertising Signs; Top Mounted Fixtures Required; Prohibitions; Shielding; Special Uses; and State and Federal Exemptions.

Upon inquiry by Commissioner Maloy, Don Fisher, Planning & Development Director, addressed the Board to state the reason the language was revised in this ordinance is the only outdoor advertising sign in the basin is in the Planned Commercial Development that has negotiated terms in it as far as lighting and it is supposed to cut off at 11:00 p.m. as opposed to 10:00 p.m. The ordinance limits the number of outdoor signs in the County and there should be no more out in the basin.

Upon inquiry by Commissioner Morris, Mr. Fisher stated the applicant is willing to work out some issues relating to top mounted fixtures.

Upon further inquiry by Commissioner Morris, Mr. Shadrix advised staff can address the neon issue, but argon and krypton type bulbs should be fully shielded. Staff recommends that neon be deleted because it is addressed in the original SR 46 Overlay Corridor.

Upon inquiry by Commissioner Morris, Mr. West advised staff has no problem deleting auto race tracks and horse tracks from Section 12, Special Uses.

Chairman McLain stated he has a problem with deleting horse tracks. He stated he would recommend only deleting auto race tracks.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley to adopt Ordinance #2002-21, as shown on page _________, enacting the State Road 46 Scenic Corridor Outdoor Lighting Standards, as described in the proof of publication, with staff comments relating to deleting neon signs from Section 8, deleting auto race tracks from Section 12, including Section 13.2 State and Federal Facilities, subject to the language indicated in the letter of the Sierra Club dated 4/23/02, and deletion of the exceptions for State and Federal Facilities.

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

ITEMS FOR FUTURE AGENDA

Alan Rodriguez, 2379 Beverly St., addressed the Board to submit a petition, as shown on page ________, from residents of Beverly Street supporting installing speed bumps on their street. He also submitted information relating to the type of speed bumps available and a letter from his son Alex (both were received and filed).

Speaker Request Form was received and filed.

Kevin Grace, County Manager, stated Mr. Rodriguez is submitting the petition because 65% of the residents must support this.

Mr. Rodriguez stated his son Alexander is autistic and he has concerns for his safety, as he doesn’t know the danger of everything around him. He stated a sign informing motorists that a deaf child is living on this street has been installed but it has not helped at all. He said Alex’s grandparents will be moving across from their house and he doesn’t know the danger of oncoming vehicles. He stated he would like to request that two speed bumps be placed on his property line in order to slow down the vehicles on his street. He said all of his neighbors are 100% in support of the speed bumps.

Commissioner Maloy stated the one thing that makes this street so unique is it is a dead end street and there is not a lot of traffic on it.

Chairman McLain stated since it is a dead end street, the County can install the speed bumps to see how it works and monitor it.

Mr. Grace stated this is one of those situations that staff did not foresee and he would like to know if the Board wants staff to do the petition process.

Commissioner Morris stated he would recommend doing a test period at this time and declare that this is an emergency and waive the procedures.

Chairman McLain recommended allowing the District Commissioner to work with staff to deal with this and if it becomes a problem, staff can come back to the Board.

Commissioner Maloy stated he believes there is consensus that staff is to modify the policy to allow for uses such as this where there are handicap people on dead end roads.

Mr. Grace stated he will set up a meeting with Mr. Rodriguez, staff and the District Commissioner.

Chairman McLain commended Mr. Rodriguez for taking the time and effort to protect his son’s life.

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Charles Lee, 216 W. Sable Palm Place, addressed the Board to state his Condo Association is planning to take down two trees in his complex. He stated Section 60.22 of the County Code states: “that a permit shall not be required as to properties designated as common areas or open space in a Planned Unit Development”.

Commissioner Morris stated the implication is the County requires trees to be planted and PUDs allows someone later to cut them down. He recommended staying this order and getting this worked out.

Mr. Fisher stated the Condo Association is not an open space to the PUD, but the common open space in a PUD would be recreational tracts. If a homeowners association needs to take down a tree to make an improvement to its park or open space, then a permit is not required. That provision does not apply in this case.

Mr. Lee stated this is not that kind of open space or common area in the PUD. He stated his concern is much broader than what is happening in his condo complex. He said a PUD request on the north side of SR 426 was approved this evening and there is a substantial row of trees in the common area and open space and under the Ordinance, they may be able to cut those trees down without obtaining a permit.

Chairman McLain stated he hopes that staff will address this issue with the Board and make any corrections.

Mr. Fisher proposed having an interim policy to direct staff how to handle these situations in the future and to clarify the code at a future code update relative to Condo Associations taking trees out from properties designated as a common area or open space. The Board voiced no objections.

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Commissioner Henley stated he has asked the County Manager to give some thought relating to communities opting in or out of wanting sidewalks in their communities as he has been getting some opposition from the residents relative to this. He stated he would like staff to bring this issue back to the Board with some policy decision.

Mr. Grace stated staff doesn’t have any policy direction at this time, but will be coming back to the Board on this issue.

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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

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