The Resolution was presented to Mr. Soutter and Mr. Phillips.

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Vice Chairman Maloy recognized home school students from the Pyros and Maloy families who were in the audience.

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Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-87, as shown on page _______, commending Marcia L. Fuller, Senior Staff Assistant, Planning Division, Planning & Development Department, for her 22+ years of service to Seminole County, upon her retirement.

Districts 1, 2, 3 and 4 voted AYE.

The Resolution was presented to Ms. Fuller.

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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-85, as shown on page _______, proclaiming the week of May 17-23, 2003 as “Safe Boating Week” in Seminole County.

Districts 1, 2, 3 and 4 voted AYE.

The Resolution was presented to Commander Jim Chamberlin, Seminole Power Squadron.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-86, as shown on page _______, proclaiming the week of May 18-24, 2003 as “National Public Works Week”.

Districts 1, 2, 3 and 4 voted AYE.

The Resolution was presented to Public Works Director, Gary Johnson, who addressed the Board to express his appreciation to the Board and to the team members of Public Works.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-88, as shown on page _______, proclaiming the week of May 10-18, 2003 as “National Tourism Week”.

Districts 1, 2, 3 and 4 voted AYE.

The Resolution was presented to Tourism Director, Suzan Bunn, who addressed the Board to express her appreciation.

COUNTY MANAGER’S CONSENT AGENDA

COUNTY ATTORNEY’S CONSENT AGENDA

Commissioner Henley commented on Item #14, BCR #03-56, purchase of Emergency Response Command and Control Unit, stating this item was not in the budget and not in the 5-year CIP. He said in the future, he does not want to see these types of things on the consent agenda.

County Manager, Kevin Grace, stated he would agree with Commissioner Henley and advised this should be the last time something like this happens unless it is an emergency purchase.

Upon inquiry by Commissioner Henley, Director of Public Safety, Ken Roberts, addressed the Board to advise the equipment in the current vehicle has been in it for ten years and the technology has improved far beyond it. He said the equipment will be surplused.

Purchasing Manager, Ray Hooper, addressed the Board to advise the next auction will be held in June or July.

Upon inquiry by Commissioner Maloy, Building Official, Larry Goldman, addressed the Board to advise that with regard to Item #27, Public Nuisance/G.W. Riggins, staff has not been able to contact the property owner and believe the property has been deserted. He added that taxes have not been paid on it for years.

Commissioner Maloy requested staff to do everything possible to notify the owner.

A brief discussion ensued between Commissioner Morris and Linda Eiland (Risk Management) with regard to Item #23, Amendment #1 for RFP-424-98, Arthur J. Gallagher.

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

COUNTY MANAGER’S REPORT

Community Services

Community Assistance

5. Approve and authorize Chairman to execute Contract, as shown on page _______, between Seminole County Government and the Seminole County Coalition for School Readiness.

Environmental Services

Business Office

6. Approve the Customer Agreement, as shown on page _______, for reclaimed water rates and reclaimed water flow, distribution, delivery and spray easement for PLM Associates, Ltd., for the Cobblestone Crossing project.

Fiscal Services

Administration

7. Authorize staff to initiate Tax Deeds on certificates, which qualify for a Tax Deed Application, and to enter certificates, as shown on page _______, into the public record.

8. Request Board affirm approval to submit to the Federal Emergency Management Agency, a grant proposal to apply for the 2003 Assistance to Firefighters Grant Program.

Budget

9. BCR #03-44 in the amount of $77,716 – Public Works – Stormwater – Fund: 13000 – Stormwater fund. An accounting adjustment is needed within the Lake Jesup family of projects, all of which are funded through reimbursement agreements with the SJRWMD. A stormwater park will be incorporated into the Cameron Ditch project rather than along Navy Canal as had been preliminarily anticipated. This transfer realigns funding between the two projects so that appropriate design work can proceed.

10. BCR #03-51 in the amount of $56,000 – Administrative Services – Facilities Maintenance – Fund: 00100 – General fund. Reflect proper accounting procedures for County Services Building Parking and Drainage Improvements Project with the City of Sanford Interlocal Agreement.

11. BCR #03-52 in the amount of $88,000 – Public Works – Traffic Engineering – Fund: 11541 – 2001 Sales Tax fund. Greenwood Lakes Middle School was identified as a candidate site for school traffic safety improvements. It was determined that only minor modifications were needed to complete this safety project. An accounting transfer is requested to move funds from this project to the Chiles Middle School project so that traffic safety improvements at this school can be completed in the current fiscal year.

12. BCR #03-53 in the amount of $38,000 – Public Works – Traffic Engineering – Fund: 11500 – 1991 Sales Tax fund. The updated cost estimate of the mast arm conversion for Red Bug Lake Road and Dodd Road is higher than originally anticipated. Funds are available from a completed traffic safety project.

13. BCR #03-55 in the amount of $255,627 – Public Works – Engineering – Fund: 11500- 2001 Sales Tax Infrastructure fund/12601 – Arterial Impact Fee fund. Additional funds are required in the construction account for CR 427Phase III/IV for final payment of CSX invoices for the renewal of CR 427 crossing surface and signals. Funds are available from the land account of the CR 427 project and from Capital Reserves.

14. BCR #03-56 in the amount of $380,000 – Public Safety – EMS/Fire/Rescue – Fund 12801 – Fire Impact Fees. Identify a portion of the undesignated capital in the Fire Impact Fee funds, for the purchase of an Emergency Response Command and Control Unit.

Purchasing

15. Award CC-1207-03/BJC Contract, as shown on page _______, Greenwood Lakes Water Treatment Plant – Sodium Hypochlorite Feed System, to McMahan Construction Co., Inc., DeLand ($215,000.00).

16. Approve Amendment #1, as shown on page _______, to FC-1168-01/BJC – Markham Regional Water Treatment Plant, with Wharton Smith, Inc., Lake Monroe (Retainage Reduction).

17. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for FC-1189-02/BJC – Switchgear Replacement, West Penthouse at County Services Building, with Florida Industrial Electric, Inc., Longwood.

18. Approve Amendment #4, 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 - July 21, 2003 through December 31, 2003).

19. Approve Work Order #10, as shown on page _______, to PS-561-00/BJC – Engineering and Professional Services Agreement – Wastewater Collection System Improvements and Operations, with PBS&J, Orlando ($64,300.00).

20. Approve Amendment #1, as shown on page _______, for PS-570-00/BJC – Engineering Services for the Consumers/Lake Hayes Water Transmission Main, with Inwood Consulting Engineers, Inc., Orlando ($315,528.00).

21. Approve Final Renewal for PS-586-01/BJC – Solid Waste Management Engineering Services, with Brown and Caldwell, Maitland; SCS Engineers, Tampa; and S2Li, Inc., Maitland (Not-to-Exceed $500,000.00/per year) (June 12, 2003 through June 11, 2005).

22. Approve Final Renewal for PS-372-96/BJC – Monroe Basin Engineering Study and Drainage Inventory Update, with Camp Dresser & McKee, Maitland (Not-to-Exceed $280,049.00/per year) (July 24, 2003 through July 23, 2004).

23. Approve Amendment #1, as shown on page _______, for RFP-424-98/BJC – Broker Services, with Arthur J. Gallagher, Orlando (Time extension - August 12, 2003 through December 31, 2003).

24. Approve Final Renewal for RFP-4109-01/BJC – Continuing Contract for Solid Waste Management Planning, Administrative and Contract Support Consulting Services, to Kessler Consulting, Inc., Tampa (Not-to-Exceed $300,000.00 per year) (July 31, 2003 through July 30, 2005).

25. Approve Amendment #3, as shown on page _______, to BD-260-01/BJC – HVAC Maintenance and Repair Agreement, with The Trane Company, Orlando ($85,634.27).

26. Authorize Sole Source Procurement and authorize the issuance of a Purchase Order for the installation of five (5) YSI Continuous Monitoring Water Quality Stations to AMJ Equipment Corp. of Lakeland, FL ($26,325.00).

Planning & Development

Building & Fire Inspection

27. Determine that a public nuisance exists with regard to properties located at 2361 Center Street (G. W. Riggins, owner), 2575 SR 426W (Gregory E. Williams, owner) and 1061 Blake Street (James Wilkes, owner); and authorize staff to proceed with condemnation processes pursuant to Chapter 168, Seminole County Code.

Community Resources

28. Approve and authorize Chairman to execute six Satisfactions of Second Mortgages – Early Release, as shown on page _______, for households assisted under the SHIP Program’s Home Ownership Assistance Program (Michael A. Franklin, Renee D. Templeton, Vernice D. Jones, Malaguias Gonzalez, Wendy Austin, & Scott C. Humphreys).

29. Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page _______, for Robert D. Carver for a household assisted under the SHIP Program’s Home Ownership Assistance Program.

30. Adopt appropriate Resolution #2003-R-89, as shown on page _______, renaming a segment of Jewel Drive to Turner Lane, Altamonte Springs.

Development Review

31. Approve Final Plat of the Estates on Lake Mills, Phase 2; property located east of Brumley Road in Chuluota, approximately ¼ mile south of Chuluota By-pass (Snowhill Road - Sandy Bierley).

Public Safety

Emergency Management

32. Approve and authorize Chairman to execute the Planning Grant, as shown on page _______, to revise the Local Mitigation Strategy Plan.

33. Approve and authorize Chairman to execute Modification of Agreement, as shown on page _______, between the State of Florida Department of Community Affairs and Seminole County for additional funds.

Public Works

Engineering

34. Adopt appropriate Resolution #2003-R-90, as shown on page _, granting authority to enter into a Local Agency Program Agreement, as shown on page _, with the Florida Department of Transportation relating to Markham Trailhead Facility on the south side of Markham Road, 0.85 miles west of the Markham Woods Road and Markham Road intersection to serve the Seminole Wekiva Trail.

COUNTY ATTORNEY’S REPORT

Property Acquisition

35. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 126 of the Lake Drive road improvement project, located at 2020 Lake Drive, Casselberry, Michael F. Piotrowski Property, in the amount of $89,000.00 with no fees or expenses incurred.

36. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 127 of the Lake Drive road improvement project, located at 2062 Lake Drive, Casselberry, Raphael & Hazel Woodrouqh Property, in the amount of $140,000.00 with no fees or expenses incurred.

37. Adopt First Supplemental Resolution of Necessity #2003-R-91, as shown on page _______, relating to East Lake Mary Boulevard Phase 11-B, road improvement project (from Entrance Road to State Road 46/State Road 415).

38. Execute five replacement County Deeds, as shown on page _______, to the Florida Department of Transportation relating to Parcel Numbers 102, 107, 110, 113 and 114 of the Interstate 4/County Road 46A intersection road improvement project.

39. Authorize revised binding written offer for Parcel Numbers 226BD/826CD of the East Lake Mary Boulevard IIB (from Ohio Avenue to State Road 46/State Road 415) road improvement project.

Districts 1, 2, 3 and 4 voted AYE.

CLERK’S REPORT

CONSENT AGENDA

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

1. Expenditure Approval Lists, as shown on page _______, dated April 15, 22, 29, 2003; and Payroll Approval Lists, as shown on page _______, dated April 10 & 24, 2003.

2. Chairman to execute the following Satisfactions of Judgment for Court Costs/Public Defender Applications Fees & Application of Indigency:

Matthew James Stackhouse, Case #02-8961-MMA - $158

Scott G. Owen, Case #95-5505-MMA - $110

Luis Daniel Alvarez, Case #01-1000-CFA - $40

Rene Robert Dutertre, Jr., Case #02-3111-MMA - $198

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

Baddy D. Horn & Evergreen Nat. Indemnity Co., Case #02011474MMA - $201

Deanna Jane Ivey & Capitol Preferred Ins. Co., Case #02004377CFA - $1,038

Rodrick Mitchel Mulhern & Capitol Preferred Ins. Co., Case #02-11432-MM - $538

Richard Lee Dille & Accredited Surety & Casualty Ins. Co., Case #02006603MMA - $538

4. Official Minutes dated April 8, 2003.

Districts 1, 2, 3 and 4 voted AYE.

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

1. Grant Documents, as shown on page _______, for the Cops Universal Hiring Grant as approved by the BCC on June 11, 2002.

2. Work Order #7, as shown on page _______, to RFP-4123-01, Atlas Scientific Technologies, Inc.

3. Work Order #8, as shown on page _______, to RFP-4109-01, Kessler Consulting, Inc.

4. Work Order #11, as shown on page _______, to PS-585-01, Bentley Architects & Engineers, Inc.

5. Development Orders, as shown on page _______, for the following: Don Mar Street (Gomez) dated March 13, 2003; Lots 12 and 13 (Alpine Street) dated March 24, 2003; Lots 13 and 14 (Alpine Street) dated March 24, 2003; James S. Kaylor dated April 9, 2003; E. Fifth Street (Leeontine) dated January 28, 2003; Dixie Abramson; Jeffrey D. Waggoner; Ruth Boulevard (Showers); and Chuck Pelletier.

6. Memorandum to Sandy McCann from Matthew West, Planning Manager, regarding outstanding documents approved by the BCC.

7. First Amendment, as shown on page _______, to Architectural and Engineering Services Agreement, PS-5118-02.

8. Exhibits A, B, and C, as shown on page _______, to the Sanford/Orlando Airport Job Incubator Subrecipient Agreement approved by the BCC on Oct. 8, 2002, that were inadvertently omitted from submission with the Agreement.

9. Payment and Performance Bonds, as shown on page _______, for Culver Out of Home Media, LLC d/b/a Culver Amherst for RFP-4145-02 received and filed Feb. 25, 2003.

10. Notice of Order from the Florida Public Service Commission regarding Docket No. 020761-WU, Request for approval of revisions to water tariff regarding individual metering of multi-family and multi-unit structures by Florida Water Services Corporation.

11. Notice of Order from the Florida Public Service Commission regarding Docket No. 020670-GU, Complaint by Tampa Electric Company d/b/a Peoples Gas System against Florida Public Utilities Company for violation of territorial agreement.

12. Work Orders #41 and #42, as shown on page _______, to PS-590-01, Engineering Services Agreements with Metric Engineering, Inc. and Professional Engineering Consultants.

13. Term Contract, IFB-3044-02, as shown on page _______, with Rinker Materials.

14. Memorandum to Sandy McCann from Linda Eiland, Risk Manager, transmitting outstanding BCC document for RFP-4158/Employee Benefits, as shown on page _______.

15. Work Order #5, as shown on page _______, to PS-560-00, Post Buckley, Schuh and Jernigan, Inc.

16. First Amendment, as shown on page _______, to Work Order #4 for PS-517-98, Hartman & Associates.

17. Change Order #2, as shown on page ________, to CC-1184-02, Osceola Road Landfill Roadway.

18. First Amendment to Work Order #53, as shown on page _______, for FC-1139, Central Florida Environmental Corporation.

19. Work Order #16, as shown on page ________, to PS-574-00, The Colinas Group.

20. First Amendment to Work Order #3, as shown on page _______, to PS-560-00, CPH Engineers, Inc.

21. Work Orders #61 and #62, as shown on page _______, to FC-1139-00, Central Florida Environmental Corp.

22. Notice of Commission Hearing and Prehearing from the Florida Public Service Commission regarding Docket #020919-TP, Request for arbitration concerning complaint of AT&T Communications of the Southern States, LLC, Teleport Communications Group, Inc., and TCG South Florida.

23. Letter of Credit Number 95-16, as shown on page _______, in the amount of $270,000 submitted for Excavated Products, SR 46 Borrow Pit.

24. Continuation Certificate of Bond No. 400SR8394, as shown on page _______, in the amount of $150,000 submitted for Bishop & Buttrey Club II Borrow Pit.

25. Drainage Easements, as shown on page _______, for Recoton Corporation and New Tribes Mission, Inc., as approved by the BCC on June 11, 2002.

26. Work Order #10, as shown on page _______, to PS-5129-02, Southeastern Surveying & Mapping, Inc.

27. First Amendment to Work Order #29, as shown on page _______, to PS-590-01, Inwood Consulting Engineers.

28. Construction Engineering and Inspection Services Agreement, M-364-03, as shown on page ________.

29. Architectural Engineering Services Agreement, M-363-03, as shown on page _______.

30. Term Contract, IFB-3059-02, as shown on page _______, with Bedrock Resources.

31. Agreement CC-1205-03, as shown on page _______, with Stieren Construction, Inc.

32. Conditional Utility Agreements, as shown on page _______, for water and sewer service for Centex Homes and Colonial Realty, Limited Partnership.

33. Memorandums dated April 15 and 21, 2003, from the County Manager to the BCC regarding Capital Project Fund Transfers in the amount of $23,900 for Horselovers Lane and in the amount of $19,000 for Tuskawilla Dike Mast Arms Conversion.

34. First Amendment, as shown on page _______, to Courier Services Agreement, RFP-4140-01.

35. Change Order #1, as shown on page _______, to CC-1191-02, Seminole County Services Building Parking and Drainage.

36. Work Order #1, as shown on page _______, to PS-5111-02, HDR Engineering, Inc.

37. Bids CC-1207-03, as shown on page _______.

SHERIFF’S OFFICE

CONSENT AGENDA

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

45. Adoption of appropriate Budget Amendment Resolution #2003-R-92, as shown on page _______, in the amount of $65,000, accepting funds from the Florida Department of Law Enforcement Violent Crime and Drug Control Council. The State of Florida, through the Department of Law Enforcement has established a Violent Crime and Drug Control Council whose purpose is to assist municipal and county law enforcement agencies with the funding of complex investigations. The Sheriff’s Office requested and has received $65,000 in funding from the Council to aid in an ongoing investigation. The Sheriff’s Office now needs to have these funds appropriated within the Sheriff’s FY 2002/03 budget.

46. Adoption of appropriate Budget Amendment Resolution #2003-R-93, as shown on page _______, in the amount of $36,294, transferring Law Enforcement Trust Fund monies to the Sheriff’s Office budget in order to provide grant matching funds for the purchase of chemical/biological emergency response suits. The Sheriff’s Office presently has budgeted $18,600 in grant funds designated for the purchase of chemical/biological emergency response suits. These funds would be supplemented by $36,294 in Law Enforcement Trust Fund monies in order to purchase 15 of these special response suits and ancillary equipment. In order to best accomplish this purchase without issuing two separate checks. It is requested that the Law enforcement Trust Fund monies be transferred to the General Fund, with a corresponding increase in the Sheriff’s budget. The Sheriff’s Office can then purchase the specialized clothing from one account and also more appropriately account for the fixed assets as a complete purchase.

47. Authorize expenditure in the amount of $1,000 from the Law Enforcement Trust Fund to contribute to the Orlando Police Department in support of the Florida Police Chiefs Association’s Summer Conference.

Districts 1, 2, 3 and 4 voted AYE.

REGULAR AGENDA

Vice Chairman Maloy advised staff is withdrawing Item #49, Final Master Plan & Developer’s Commitment Agreement for Florida Power & Light Unmanned Substation Expansion and it will be rescheduled for June 10, 2003.

LEGISLATIVE UPDATE

Assistant County Attorney, Steve Lee, addressed the Board to give a brief update on the Legislative funding issues outlined in the Agenda Memorandum. He advised the Special Session started on May 12 and will extend through May 27, 2003. Copy of Funding Issues information sheet was received and filed. He briefly discussed the memo (received & filed) from Matt Chesler regarding Senate Bill 654 dealing with broadband preemption.

Commissioner McLain entered the meeting at this time and assumed the position of Chairman.

REGULAR AGENDA, CONTINUED

Support Services Manager, Meloney Lung, addressed the Board to present the lease agreement for the Supervisor of Elections space at the Sanford/Orlando Airport. She advised the rate will be $8.09 a square foot, which includes custodial services, HVAC, maintenance, pest control and landscape/lawn maintenance. The lease rate will remain the same for the first five years and will increase by 3% in years 6 through 10. The lease has a 10-year term with two five-year renewals. She advised the typo on page 2 of the lease will be corrected.

Upon inquiry by Chairman McLain, Supervisor of Elections, Sandy Goard, addressed the Board to advise after meeting with County staff, they have been able to reduce the square footage to 18,168 square feet.

Commissioner Henley stated he opposes this because he believes the size can be reduced further and because it will take people from downtown Sanford.

Ms. Goard stated she has reviewed her space needs and believes this is the amount of space she needs to do her job.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize the Chairman to execute Lease Agreement, as shown on page _______, as corrected, with the Sanford/Orlando Airport Authority for the Supervisor of Elections.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Henley voted NAY.

Executive Director of the Sanford/Orlando Airport Authority addressed the Board to give a brief update on the progress of construction.

Chairman McLain requested Mr. Grace meet with Mr. Dale to determine what discount, if any, the County would receive if they were to pay the rent upfront annually.

Commissioner Morris left the meeting at this time.

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David Gregory, Solid Waste, addressed the Board to give a PowerPoint presentation regarding staff’s request for authorization to proceed with the development of a non-exclusive franchise for commercial solid waste collection in unincorporated Seminole County. Copy of slides were received and filed. He stated that the current issues are: FRS has a permit for a transfer station/materials recovery facility in Sanford; A new regional landfill is under construction in Osceola County; and the County will lose revenue if unsecured waste is directed away from County facilities. He advised that the residential franchise agreement expires in December 2004. He said staff is also requesting a formal letter be sent to the cities asking them to enter into an Interlocal agreement that would continue to direct waste to County facilities.

Upon inquiry by Commissioner Van Der Weide, Mr. Grace stated that initial discussions with the cities have been mixed to positive feedback. He further stated that the County has $21 million in bonds and it took all the risk to make sure waste could be handled for decades. He said he would suggest some kind of rate recognition or incentive.

Commissioner Morris reentered the meeting at this time.

Mr. Grace advised staff will come back, for Board approval, with the best negotiated price.

Upon inquiry by Chairman McLain, Mr. Gregory advised the fixed cost for operating the landfill is $5.5 million a year.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize staff to proceed with the development of a non-exclusive franchise for commercial solid waste collection in unincorporated Seminole County to be brought forward for approval by the BCC at a later date; and to authorize staff to develop a formal letter, to be sent to the Cities under the Chairman’s signature, requesting the Cities to enter into Interlocal Agreements directing solid waste to County facilities.

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

COUNTY MANAGER’S BRIEFING

Director of Environmental Services, Bob Adolphe, addressed the Board to advise Water Conservation Coordinator, Liz Block, will be making a presentation on the water conservation status.

Water Conservation Coordinator, Liz Block, addressed the Board to give a PowerPoint presentation on the water supply status for Seminole County. Copy of slides were received and filed. She reviewed the following: current program successes; the Residential Reclaimed Water Program Ph. I; the running average daily flow; and future initiatives. She discussed the Irrigation Audit Program, stating staff is working on a scope of services that would provide customers with a free one-hour visit. She also advised that staff will be coming back to the Board with an updated water conservation ordinance.

Mr. Adolphe distributed the Northwest Service Area 2010 Consumptive Use Permit Water Deficit Offset Strategies (copy received & filed), stating the County is struggling to keep up with the extraordinary use of water in the northwest area, with much of the water going on landscaping. Therefore, staff would recommend implementing a reclaim water retrofit program. He said there is money available in the CIP and the cost would be $2.2 million for the following neighborhoods: Heathrow Woods, Bristol Park, East Camden, and Chestnut Hill. He stated that retrofitting those neighborhoods would result in a potable offset of 0.5 MGD. He further stated that they have been trying to get reclaimed water into subdivisions that are not built out yet; but only one developer attended a meeting scheduled to discuss this.

Mr. Adolphe advised that Heathrow Country Club is asking for a SJRWMD permit for 0.75 million gallons per day and the County could provide reclaimed water for that, but SJRWMD has said they would not provide the County any credit.

Mr. Grace stated he is hopeful that County staff can sit down with the staff of SJRWMD to show them what the County is proposing to do and that they will agree to give the County credit for providing that reclaimed water.

Mr. Adolphe reviewed the Alternative Water Supply Program, which would include construction of brackish water wells at the Northwest Regional WWTP and Greenwood Lakes WWTP, and construction of surficial aquifer wells in specific subdivisions. He stated that the County has enough potable water to meet current and future potable needs until the year 2010, but there is not enough to provide for the landscaping needs as they currently are up to the year 2010. He said the County can develop a more effective conservation rate and will be coming back with phase one of the alternative water supply program. He said the recommended rate will be back before the Board in 45 days.

Chairman McLain stated he would like the County to give people an incentive to put in their own shallow irrigation wells for watering landscaping. He also said the staff should appeal the SJRWMD staff’s decision on the Heathrow Country Club to the Board.

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Request for staff to proceed with negotiations of an interagency agreement with UCF for the development of the Seminole County Integrated Government Services System was presented for action.

Commissioner Morris reminded the Board that the grant for this system was presented last time and Governor Bush has endorsed it.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize proceeding with negotiations of an interagency agreement with the University of Central Florida for the development of the Seminole County Integrated Government Services System.

Under discussion, Director of Planning & Development, Don Fisher, addressed the Board to advise this system makes accessible all information that Seminole County might have relative to property.

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

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The meeting was recessed at 11:05 a.m., reconvening at 1:35 p.m., this same date, with all Commissioners and all other Officials who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

REQUEST TO VACATE & ABANDON,

EBRAHIM & TAMMY HAMZEHLOUI

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of right-of-way of Main Street between Lots 4 and 5, Block 41, Sanford Farms (5040 Michigan Avenue) and Lot 3A, Ebrahim & Tammy Hamzehloui, received and filed.

Planner, Denny Gibbs, addressed the Board to present the request, advising the intent of the vacate is to cure the encroachment of an existing house into the right-of-way. She further advised the request is to vacate a 465’ length of the 30’ wide Main Street right-of-way and a 15’ x 35’ piece of right-of-way between Lots 4 & 5 Sanford Farms and Lot 3A of a County-owned parcel to the west that is part of the Seminole County Natural Lands Black Bear Wilderness Area. She said the right-of-way is unimproved and letters from the appropriate utility companies stating they have no objection to the request have been received. She added that staff recommends approval.

Commissioner Henley questioned why the entire right-of-way is being vacated. Whereupon, Ms. Gibbs advised that when the right-of-way was initially vacated in 1992, a different right-of-way was created.

Tammy Hamzehloui, applicant, addressed the Board to state she has had three surveys done and they have concluded that the newest survey is the correct one. She said she did not find out about the error until two days before the closing of the house and now she is renting the house to the potential buyer until this mistake is cleared up.

Discussion ensued with regard to the vacating of the entire length of the right-of-way and the property being split between the applicant and the natural lands property.

County Attorney Robert McMillan stated it appears Ms. Hamzehloui will have to come back in the future for the County to consider surplusing the additional property to clear her title.

A brief discussion ensued with regard to how the request was advertised and how much of the property was included in the ad.

No one else spoke in support or in opposition.

District Commissioner McLain recommended vacating the entire portion of the right-of-way and directed staff to come back with a solution for surplusing the additional right-of-way that the County will retain after this vacate in order to solve the encroachment problem.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-94, as shown on page _______, vacating and abandoning a portion of right-of-way of Main Street between Lots 4 and 5 , Block 41, Sanford Farms (5040 Michigan Avenue) and Lot 3A, a County-owned parcel to the west that is part of the Seminole County Natural Lands Black Bear Wilderness Area, as described in the proof of publication, Ebrahim & Tammy Hamzehloui; and to direct staff bring back the remainder of the property that is needed to clear the encroachment for consideration to surplus same.

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

CONSIDERATION OF OCCUPATIONAL

LICENSE ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance amending the Occupational License Ordinance to include new rates and classification, received and filed.

Lin Polk, Fiscal Services, addressed the Board to present the proposed ordinance, advising the Tax Collector has proposed a new streamlined approach to the license process, which would be beneficial to all involved. However, she said it will remain revenue neutral as a funding resource. She added that the Equity Study Commission approved by the BCC in December, 2002, has endorsed the proposed ordinance.

Paul Warsicki, Tax Collector’s Office, addressed the Board to state they have had several meetings with the Cities’ staffs and Mayors and everyone agrees that simpler is better.

No one else spoke in support or in opposition.

Commissioner Maloy stated he believes the simplification is a positive.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2003-22, as shown on page _______, amending the Occupational License Ordinance to include new rates and classifications, as described in the proof of publication.

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

CONSIDERATION OF BUDGET

AMENDMENT RESOLUTION

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Budget Amendment Resolution to reconcile all fund balances from FY 01/02 to FY 02/03 to the financial statement cash balances.

Acting Fiscal Services Director, Ray Hooper, addressed the Board to present the proposed resolution.

No one spoke in support or in opposition.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Budget Amendment Resolution #2003-R-95, as shown on page ________, reconciling all fund balances from FY 01/02 to FY 02/03 to the financial statement cash balances, as described in the proof of publication.

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

CONSIDERATION OF AN ORDINANCE

RELATING TO ALCOHOLIC BEVERAGES

Proof of publication, as shown on page _______, calling for a public hearing to consider an ordinance relating to alcoholic beverages, received and filed.

Chief Deputy Steve Harriet, Sheriff’s office, addressed the Board to request adoption of an ordinance that would amend Section 15.17 of the Seminole County Code to reflect that the sale and service of alcoholic beverages must cease at 2 a.m. However, patrons may remain in establishments and possess and consume alcoholic beverages until 2:30 a.m.

Chairman McLain stated that apparently some establishments are selling multiple drinks to customers at l:59 a.m. and they are sitting there consuming the drinks past 2:30 a.m. He said he can see this amendment would treat everyone equally. He added that he believes the City of Casselberry is already doing this.

Commissioner Morris stated he understands the intent, but does not understand allowing only a half hour for consuming the drink and making them leave at 2:30 a.m. He questioned how this would affect a 24-hour restaurant such as Denny’s.

Chief Deputy Harriett stated the intent of the ordinance is not to make Denny’s close at 2:30 a.m. Discussion ensued.

Commissioner Henley suggested restricting any consumption of alcohol to 2:00 a.m.

Commissioner Maloy stated that in reading the information submitted by Waive’s Bar (copy received & filed), it says that the ordinance requires the doors to be locked at 2:00 a.m. and questions that this would be a fire code violation.

Chief Deputy Harriett advised that the establishment should have the proper doors installed according to Code that lets people out from the inside, but does not let anyone in from the outside.

Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised that the Board could restrict this ordinance to only those establishments that have a specific license. He suggested the Board continue this until the next meeting so that his staff can come up with some qualifying language.

Chairman McLain stated he believes one thing the Board needs to keep in mind is the safety of the public and pushing people out the door at 2:00 a.m. after they have been drinking is not necessarily in the public’s interest. He agreed that this item needs to be continued.

Michael Levine, PostTime Lounge, addressed the Board to state he supports the sheriff with what he is trying to do, but he understands the problem with the restaurants.

Kenneth A. Lewis, 1801 Hawkins Avenue, addressed the Board to advise he is speaking for Anne Williams and Anthony Brook who are associated with Wavie’s Bar. He stated that the proposed ordinance is unworkable as it relates to the way Wavie’s Bar is operated. He said it is unfair to Wavie’s Bar. He explained that Wavie’s does not sell alcohol by the shot glass or beer mug; it sells by the bottle, by the fifth and by the quart. He said if a patron were to purchase a bottle of whiskey at 1:45 a.m., they would not be able to finish by the time allotted in the ordinance. He said the bar usually has 100 to 200 people in it and it would not be feasible to move them all out the door at 2:30 a.m. and through one access (a second access was closed down) at one time. He stated he believes the Sheriff’s Office knows this ordinance would be unworkable for this establishment and they have been made to feel less than citizens of the County. He clarified that the building is equipped with the appropriate fire safety doors.

Chief Deputy Harriett stated the Sheriff’s Office has not had anything to do with eliminating the access. He said to his knowledge it is a CSX issue and they are working with Traffic Engineering to get an additional egress and access point to the property.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Chairman McLain requested Mr. Grace to look into the access problem.

Upon inquiry by Commissioner Morris, Mr. McMillan advised the ordinance will probably have to be re-advertised with the new language.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to continue consideration of the enactment of an Ordinance relating to Alcoholic Beverages, as described in the proof of publication, in order to give the County Attorney an opportunity to revise the language in the ordinance and to authorize re-advertising, if necessary.

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

CHAIRMAN’S REPORT

Chairman McLain confirmed the appointment of Commissioner Henley to the LYNX Board.

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The Chairman advised of a request to rename Airport Boulevard “POW-MIA Memorial Highway”. He said he would suggest doing the same thing they did when they dedicated a portion of Hwy. 17-92 as “Martin Luther King Memorial Boulevard”.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to dedicate a segment of Airport Boulevard as “POW-MIA Memorial Highway”, with a historical sign to be erected at each end (at the Airport and at U.S. Hwy 17-92), with the sign to be placed to coincide with the unveiling of the Vigilante Memorial at the Orlando/Sanford Airport on May 30^th.

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

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Henley gave a brief update on the LYNX Audit Committee. He said there have been significant changes and they are getting close to being in the black.

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Commissioner McLain nominated Al Stimac to the Greenways & Trails Task Force.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to appoint Al Stimac to the Greenways & Trails Task Force, effective immediately, for the remainder of the term.

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

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Upon inquiry by Commissioner Morris, DCM Sally Sherman addressed the Board to advise staff is in the process of preparing and scheduling a demonstration of the REMY during the next Board meeting.

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Commissioner Morris advised he will not be present at tonight’s meeting. He further advised that he will be filing a Conflict of Interest Form, as shown on page _______, for Item #57, request to rezone from C-2 to PUD for property on the west side of Alafaya Trail/Kenneth W. Wright.

COMMITTEE REPORTS

Commissioner Van Der Weide advised the TDC meeting regarding the Convention Center has been postponed until June. He said he understands that the TDC will be attending the second BCC meeting in June to discuss same.

Commissioner Morris advised he will not be in attendance at the second meeting in June because he will be attending the East Central Florida Regional Planning Council’s election meeting.

Chairman McLain stated they will need a full board at the June 24 meeting in order to consider the Convention Center. He said he would check with the Mayor of Sanford to see if he can attend the May 27th BCC meeting and give an update on the parking garage for the Convention Center.

COMMUNICATIONS AND/OR REPORTS

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

1. E-mail dated 4/21/03 to Chairman McLain from Linda Brumbaugh re: opposition to new commercial development in Chuluota.

2. Copy of letter dated 4/21/03 to Ray Eubanks, FL Dept. of Community Affairs-Local Planning, from Chairman McLain re: transmittal of proposed Spring 2003 Large Scale Plan Amendments to Comp Plan-Vision 2020.

3. Copy of letter dated 4/17/03 to Ray Valdes, Tax Collector, from Darrell W. Smith, FL Dept. of Revenue, re: Tax Collector’s FY 2003/04 budget request.

4. Parks/Recreation Contracts, as shown on page _______, for Services: Kristy N. Hammond (Slow-pitch Softball Scorekeeper) and Paul T. Klump (Slow-pitch Softball Scorekeeper).

5. Copy of minutes of 4/16/03 Agricultural Advisory Committee meeting.

6. Copy of memorandum dated 4/18/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

7. Notice of 4/30/03 US 17-92 RPA Meeting.

8. Copy of memorandum dated 4/21/03 to BCC from County Manager Grace re: Capital Project Fund transfer-$19,000 Tuskawilla @ Dike Rd. mast arms conversion.

9. Copy of memorandum dated 4/15/03 to BCC from County Manager Grace re: Capital Project Fund transfer-$23,900 Horselovers Lane accounting adjustment.

10. Copy of letter dated 4/24/03 to Dorothy D. Smith from Jane Peterson, Library Services, re: donation in honor of Juanita Stowe.

11. Letter dated 4/23/03 to Chairman McLain from Michael Snyder, PE, FL Dept. of Transportation, re: Work Program Development Cycle for FY 2005-2009. (cc: BCC, County Managers, Public Works, Engineering, County Attorney)

12. Letter dated 4/22/03 to BCC from Kenneth R. Macht, Indian River County Commission, re: Senate Bill 654 local government authority. (cc: BCC, County Managers, County Attorney, Information Technologies)

13. Minutes of 4/10/03 Parks & Recreation Advisory Board meeting.

14. E-mail dated 4/21/03 to Commissioner Morris re: legislation on news racks.

15. E-mail dated 4/28/03 to Chairman McLain from Fanchea Begley re: opposition to building of a dog kennel/animal boarding facility at Tuskawilla Rd. at Dike Rd.

16. Notice of City of Sanford Conditional Use public hearing for 200 E. Lake Mary Blvd. (County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

17. Copy of letter dated 4/11/03 to Randy Johnson, FL Representative, from John M. Puhek, Sierra Club, re: high speed rail from Orlando to Tampa.

18. Letter dated 4/14/03 (with attachment) to Chairman McLain from Dana Loncar, ORHS, re: Level I Trauma Center at Orlando Regional Medical Center. (cc: BCC, County Managers)

19. Letter dated 4/15/03 to Chairman McLain from Governor Jeb Bush, re: proposed state budget and effects on cost shifting to counties. (cc: BCC, County Managers, County Attorney, Deputy County Attorney)

20. Letter dated 4/17/03 (with attachment) to Chairman McLain from Thomas Percival, FL Dept. of Transportation, re: 5/13/03 SR 46 Lake Jesup Bridge Replacement PD&E Study meeting. (cc: BCC, County Manager, Deputy County Manager/[RF], Public Works Director, County Engineer)

21. Letter dated 4/22/03 to Chairman McLain from Jo Alaniz, Sanford Main Street, Inc., re: July 4^th fireworks and festivities. (cc: BCC, County Managers)

22. Letter dated 4/15/03 to Chairman McLain from Donald L. Jernigan, Florida Hospital, re: Level One Trauma Center at Orlando Regional Hospital. (cc: BCC, County Managers)

23. Facsimile dated 4/23/03 to Chairman McLain from Ric Nelson, Esq., American Liberties Institute, re: Adult Entertainment-Koziara et al. vs. Seminole County. (cc: BCC, County Managers, County Attorney, Deputy County Attorney

24. Letter dated 4/28/03 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: cable changes.

25. Notice of 5/13/03 Seminole County Expressway Authority.

26. Copy of memorandum dated 4/25/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

27. Notice of City of Winter Springs 5/7/03 Annexation, Future Land Use and Zoning public hearing re: 1281 Natures Way, 835 W. SR 434, 895 W. SR 434, 2 parcels on Orange Ave., 1120 Orange Ave., and Ginger Ln. at Old Sanford/Oviedo Rd. (cc: County Manager, Property Appraiser, Elections Supervisor)

28. Notice of City of Oviedo 5/5/03 Future Land Use public hearing re: 170 acres west of Lockwood Blvd. and south of CR 426. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

29. Notice of City of Maitland 5/15/03 Quality Neighborhood Program Final Master Plan public hearing re: Dommerich Estates. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

30. Notice of City of Longwood 5/5/03 and 5/19/03 Annexation public hearings re: 1140 S. CR 427, 210 North St., 250 North St., 240 North St., 1020 S. CR 427, and 992 S. CR 427. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

31. Copy of memorandum dated 5/2/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

32. E-mail dated 4/30/03 to Chairman McLain from Laura Bevan, Humane Society of the US, re: Florida animal fighting legislation.

33. Copy of letter dated 5/1/03 to Hank Erikson, FL Div. of Emergency Management, from Richard Moore, Public Safety, re: LMS Committee Roster.

34. Copies of letters from Ken Roberts, Public Safety Director, re: appreciation of donations to Animal Services Division to: Sharon Dolce-O’Keefe; Annie Evans; Cornelia Dietzel; Michael Elling; Ms. Emma West, & Ms. Mallory Johnson & Mrs. Galloway’s 5^th Grade Gifted Class at Evans Elementary School.

35. Letter dated 4/28/03 to Chairman McLain from Governor Jeb Bush re: State Library of Florida. (cc: BCC, County Managers, Historical Commission, Library & Leisure Services Director)

36. Letter dated 4/28/03 to Chairman McLain from Governor Jeb Bush re: funding for Juvenile Justice prevention and intervention programs. (cc: BCC, County Managers, County Attorney, Deputy County Attorney, Sheriff)

37. Letter dated 4/25/03 to Chairman McLain from D. Ray Eubanks, FL Dept. of Community Affairs, re: submittal of Seminole County proposed comprehensive plan amendments. (cc: BCC, County Manager, Planning & Development Director, Planning Manager)

38. Notice of 5/7/03 Sanford Community Redevelopment Agency (CRA) meeting.

39. Memorandum dated 5/5/03 to BCC from County Manager Grace re: his travel to Washington, DC for 7^th Congressional District Chamber Fly-In with Congressman Mica and appointment of Sally Sherman as Acting County Manager in his absence.

40. Memorandum dated 5/1/03 to Chairman McLain from Howard D. Tipton, LYNX Interim Executive Director, re: LYNX funding.

41. E-mail dated 5/4/03 to Chairman McLain re: opposition to commercial development in CR 419/Snowhill Rd. area.

42. Letter dated 5/1/03 (with attachment) to Chairman McLain from Roy D. Bridges, Jr., NASA, re: Kennedy Space Center 2002 Annual Report.

43. Letter dated 5/1/03 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: their sponsoring of Seminole County Public Schools A Night of Starts – Teacher of the Year Program.

44. Letter dated 4/30/03 (with attachment) to Chairman McLain from John P. Saboor & Doug Barclay, Central Florida Sports Commission, re: April status report.

45. Notice of 5/15/03 City of Sanford rezone public hearing re: 1300 Rinehart Rd. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

46. Letter dated 5/5/03 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: changes in cable programming service.

47. Notice of 5/22/03 City of Casselberry Board of Adjustment variance public hearing re: 999 Mango Dr. (cc: County Manager, Planning & Development Director, Planning Manager)

48. Copy of letter dated 4/30/03 to Alyon Technologies, Secaucus, NJ, from Anita Brown for Althea Brown, re: internet charges billed in error.

49. Notice of 5/15/03 Tri-County League of Cities meeting.

50. Letter dated 4/25/03 (with attachment) to County Manager Grace from Daniel T. Afghani, FDOT Aviation Licensing, re: Notice of Intent – Proposed Becker’s Field airport in Casselberry. (cc: BCC, Planning & Development Director, Planning Manager, County Engineer)

51. Copy of memorandum dated 5/5/03 to Suzy Goldman, Library & Leisure Services Director, from County Manager Grace re: commending library staff on receiving 2^nd Place Florida Library Assoc. Bette Davis Miller Youth Service Award for Young Adult Services Teen Read Night.

52. E-mail dated 5/6/03 to BCC from Anita Van Allen re: opposition to a dog kennel on Tuskawilla Rd.

53. Governor’s Proclamation to the Florida House and Senate re: adjournment without passage of General Appropriations Act for FY 2003-04.

54. E-mail to BCC from Stephen Lee, Deputy County Attorney, re: Governor’s release of Special Session Call.

55. Memorandum dated 5/8/03 to BCC from Mary Kay Cariseo, Florida Assoc. of Counties (FAC) re: Medicaid Nursing Home Cost Shifts in 2003 Special Session.

56. E-mail dated 5/7/03 to BCC from Dianna Smith re: opposition to feral cat policy.

57. Copy of memorandum dated 5/9/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

58. Facsimile dated 5/7/03 to Chairman McLain from Thomas Daly re: Hawthorn Glen/Polasek Property PD.

59. Notice of availability of plans for review for proposed AmSouth Bank-Longwood development/ redevelopment. (cc: County Manager, Planning & Development Director, Planning Manager)

60. Copy of letter dated 5/8/03 to Commissioner Maloy from Frank & Donna Hoak re: proposed rezone of property directly south of Remington Village SD.

61. Memorandum dated 5/9/03 to BCC from Mary Kay Cariseo, FL Assoc. of Counties (FAC) re: Governor’s Budget Special Session A.

62. Memorandum dated 5/9/03 to Chairman McLain and Commissioner Morris, SCEA Chairman, from Alice Gilmartin, Transportation Planner, re: overview of MPO Board agenda for 5/14/03.

63. Notice of 5/15/03 Seminole County Public Safety Coordinating Council meeting.

64. Facsimile dated 5/12/03 to Commissioner Henley from Konnie Semonski re: rezone for Wilshire Townhomes.

64. Notice of 5/29/03 FL Dept. of Transportation (DOT) Information Meeting at Casselberry City Hall re: SR 15/600 U.S. 17-92 Interchange at SR 46. (cc: County Manager, Public Works Director, County Engineer, Roads Manager)

COUNTY MANAGER’S REPORT

Director of Public Safety, Ken Roberts, advised the Board that Frank Kirk will give an overview of the Computer Aided Dispatch/Mapping System (CAD) and how it relates to the 911 System.

Frank Kirk, Public Safety, addressed the Board to review an information sheet regarding the recent problem and what staff did to correct same. Copy of information sheet was received and filed.

Commissioner Morris stated public safety has always been the Board’s number one priority. He questioned if the Board in the future will know about these types of the problems in advance.

Mr. Grace stated this briefing should have occurred a couple of months ago. He further stated that staff was trying to resolve the problem and he only became aware of it a few weeks ago.

Upon inquiry by Commissioner Morris, Mr. Kirk advised that they are Phase Two compliant and are receiving longitude and latitude readings. He said that over 40% of the County’s calls are wireless calls. He advised that there are less than 20% of agencies in the U.S. that are compliant; and the mapping issue is a universal problem.

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Purchasing Manager, Ray Hooper, advised the Board that the Purchasing Division has started using the “Reserve Auction” System. He reviewed a Summary of Lowest Bids by Supplier worksheet (copy received & filed) showing the lowest bids for furniture and equipment for the Seminole County Juvenile Justice Center and explained how the system works. He said the initial target price for the furniture was $75,000, and by using this system, the final bid was $45,900.

Mr. Grace advised that the Purchasing Division has also won the Florida Association of Public Purchasing Officers 2003 Award for Excellence in Public Procurements.

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Mr. Grace gave a brief update on the ORMC Trauma Center, advising staff has been unsuccessful in obtaining the information they need from the hospital. However, staff does still plan to provide a report to the Board and had planned to bring it to the Board at the next meeting with some recommendations; but he received a call from ORMC asking that it be delayed until one of the meetings in June. So at this time, he said he does not know when it will be coming forward.

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The Board, thereupon, recessed at 3:20 p.m., reconvening at 7:02 p.m., this same date, with all Commissioners and all other Officials (with Commissioner Morris being absent), with Deputy County Manager Sally Sherman replacing County Manager Kevin Grace, and with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

REZONE/Kenneth Wright

Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from C-2 (Retail Commercial District) to PUD (Planned Unit Development District); property described as approximately 16.5 acres of land located on the south side of West Carrigan Avenue, north side of Econ River Place, and the west side of Alafaya Trail, Kenneth W. Wright, received and filed.

Matt West, Planning Manager, addressed the Board to review the proposed request as outlined in the agenda memorandum. He stated the Board previously denied a PUD request around three years ago and the applicant is now requesting approval up to 20 dwelling units per acre to allow multi-family on the majority of this property with a small commercial out parcel that will front Alafaya Trail. The property owners sued the County and the Circuit Court quashed the Board’s decision and recommended that the County and the applicant reconsider another application. The applicant has applied for another PUD request on a slightly smaller piece of property. He reviewed the maximum density of the property. He stated there are 11 conditions of approval staff has included in the development order and conditions 3, 4, 5, 6, 10 and 11 only pertain to this property if it is developed as multi-family residential. If the developer opts to develop the property as commercial, then the standard codes would apply to a commercial development. He displayed and reviewed the zoning and land use map. He said all of the area south to the Econ River and Remington Village was zoned commercial and it was rezoned residential. The area south of the Econ River Place is the Grandville Apartments. The difference between the two PUD plans is the difference in acreage. It used to be 23.2 acres and it is now approximately 16.5 acres. The original request in April 2000 had a 75 ft. buffer adjacent to the north property line and the applicant is now requesting a 50 ft. buffer. The applicant is now requesting a 35 ft. building height with a 10% deviation for architectural features.

Mr. West stated staff is recommending approval of the request subject to the following conditions: (1) Permitted uses for Lot 1 shall be those permitted and conditional uses listed under the C-2 zoning category, except drive-in theaters, flea markets, paint and body shops, hospitals, nursing homes, outdoor advertising, communication towers, and alcoholic beverage establishments (unless incidental sales) which shall be prohibited; (2) Permitted uses for Lot 2 shall be those permitted and conditional uses listed under the C-2 zoning category, except drive-in theaters, flea markets, paint and body shops, hospitals, nursing homes, outdoor advertising, communication towers and alcoholic beverage establishments (unless incidental sales) which shall be prohibited. Those permitted and conditional uses listed under the R-4 zoning category, except boarding houses, communication towers, hospitals and nursing homes which shall be prohibited. Also apartments shall be rented by the unit and not by the bedroom. No three bedroom/three bathroom or four bedroom/four bathroom units shall be permitted; (3) The buffer adjacent to the single family lots on the north side of the site shall be a minimum 50 ft. in width, with a six foot high masonry wall, and 8 canopy trees per 100 ft. Existing trees may satisfy some of the planting requirements of this condition. Existing trees within the buffer must be saved to the greatest extent possible; (4) The maximum building height shall not exceed 35 ft. with a 10% allowance for architectural features; (5) At the final master plan stage, the applicant shall provide details of recreational and open space amenities to satisfy the open space requirement; (6) The residential density of the project shall not exceed 20 dwelling units per net buildable acre; (7) Maximum height of parking lot lights shall be 16 ft. Light fixtures shall have cut-off fixtures that directs light downward. Details of lighting shall be submitted with the final master plan. The minimum setback of a parking lot light source from any existing single-family residential lot shall be 50 ft.; (8) Dumpster/refuse areas shall be a minimum of 150 ft. from any platted single family residential lot; (9) The developer shall provide a pedestrian circulation system giving access to all portions of the development as well as connecting to existing sidewalks outside the development; (10) The developer shall comply with the Crime Prevention through Environmental Design (CPTED) concepts during final master plan review as recommended by the Seminole County Sheriff’s Office; and (11) Minimum building setback of 120 ft. from any existing single family residential lot for any apartment building exceeding one story.

Mr. West stated staff is recommending approval based on the conditions relating to the buffer and setback as that will provide level of compatibility and transition, and based on the future land use policy that states the County shall encourage mixed use development in property that have a future land use designation of commercial provided there are residential and nonresidential uses on that property.

Mr. McMillan left the meeting at this time.

Upon inquiry by Commissioner Henley, Mr. West advised the wording in Recommendation 9, pedestrian circulation system, staff could put the word sidewalks in, but that was an option as there may be an internal network that could be mulched.

Mr. McMillan reentered the meeting at this time.

Ken Wright, Shutts & Bowen, addressed the Board to state he is representing Broad Street Partners. He stated this came before the Planning & Zoning Commission (P&Z) and was approved with one dissenting vote. He said he is requesting up to 268 multi-family units and an approximately 8,000 sq. ft. commercial outparcel. There has been a great deal of controversy and litigation on this property stemming from the issue of whether or not the property is going to be developed and used for student housing. He stated he has known Mr. Walsh for 10 years and he has developed this type of project (Traditions at Millenia) next to the Millenia Mall. The name of the proposed development will be Traditions at Alafaya with the same amenities package and the same market target. The applicant’s intention is to attract typical couples that are new to the area that needs an apartment while they are seeking other employment or other housing options. It is not the applicant’s intention to attract student housing. Student housing is a completely different market because it is one that requires a great deal of management. He stated Ms. Adrienne Downey-Jacks will inform the Board of what will be expected with the project, the efforts the applicant has gone through to make an acceptable development and one that meets the Land Development Code and the elements of the Comprehensive Plan. He submitted a copy of staff’s report (received and filed) and he stated the applicant agrees with the staff report. He said he has spoken to Commissioner Maloy relative to this issue and he has expressed serious interest in this project. He added he and Meredith Harper have met with the residents last week and at that time, the applicant came to a consensus that there will be no 4-bedroom/4-bathroom or 3-bedroom/3-bathroom units. There will be strict parking enforcement as well as a gated entry and there will be no renting by the bedroom. The representatives of the neighborhood were provided with a copy of Mr. Walsh’s standard lease and the renters must reside in the neighborhood. There were concerns from the area residents that the renters of the units would turn it over to a group of students and they would not live in the units themselves. The lease will provide a provision that a tenant, who signs the lease, must live in the unit and be responsible for that unit. An officer from the Sheriff’s Office will be offered a unit at half of the rental rate and there will be 24-hour onsite management. At the request of the area residents, the applicant has agreed to establish a Community Advisory Board made up of representatives of the surrounding neighbors. The applicant indicated that there shall be no balconies on the north side of the second and third floors. The applicant has agreed to comply with the CPTED standards and ensured that this project is not marketed to students. If this property is developed as commercial, there would be a 50 ft. building setback and a small buffer. Staff’s report has been modified to call for a 120 ft. building setback and a 50 ft. buffer. The Land Development Code calls for a 100 ft. setback and a 50 ft. buffer. Table 2.1 and Comp Plan Element 2.5.2 are provisions that this project is a compatible use and the buffer that backs up to residential units is sufficient to provide an adequate buffer and setback.

Attorney Wright stated he is building a home and he is currently renting an apartment under a 7-month lease. He said he doesn’t believe lease terms are a deterrent to student housing. One of the costs of doing business with students is to allow them to sign a 12-month lease. There is no rational basis or correlation that would equate a discouragement of student housing. A request has been made that lease terms be limited to 12 months. Mr. Walsh’s business plan does not call for this and it is an unnecessary infringement on his ability to market these units profitably. With regard to co-signers, Mr. Walsh would want to be able to seek a personal guarantee of a responsible credit worthy person to co-sign on the lease. There has been a suggestion to limit co-signing restrictions to students. He displayed architectural features (not received and filed) of what this development will look like. He stated he has invited everyone to visit the Traditions at Millenia. He said he concurs with staff recommendations.

Attorney Wright explained for Commissioner Maloy why there is a need for so many entrances into the complex.

Jean Abi Aoun, Development Review, addressed the Board to explain for Commissioner Maloy why staff recommended the one access be close to Remington Village.

Adrienne Downey-Jacks, Dix Nance, Inc., addressed the Board to submit her resume (received and filed). She stated Policy 2.52 of the Comp Plan allows for mixed use development and Policy 7.358 also encourages commercial property be developed as mixed residential and commercial plan development. Table 2.1 of the Comp Plan indicates that the proposal is compatible with the surrounding property. She said she looked at this from a site plan standpoint and her concern was the buffer to the single family residential and it is important that they allow the 50 ft. buffer to remain there. She has tried to pull everything as far away from there and they have done sketchy iterations of it. All of Mr. Walsh’s projects are Class A type projects. They are trying to meet the setbacks and the requirements of the Land Development Code. A site plan will be provided showing where the buildings will be located.

Patricia Tice, Traffic Planning & Design, addressed the Board to submit her resume (received and filed). She stated she has been doing traffic studies in this area for the past seven years and in nearly every jurisdiction within a 50-mile radius. She discussed the trip generation issues and the impact the revised development plan will create. This development meets all of the standards for concurrency and it doesn’t cause any level of service difficulties in the area. Therefore, there is no real issue of health or public safety. She stated she believes this project is safe and will be a benefit to the community. A Memorandum relating to traffic study for Tradition at Alafaya and Trip Generation and Traffic Access Study were received and filed.

Mr. West informed the Board that the Planning & Zoning Commission (P&Z) recommended approval subject to deleting the requirement of a 150 ft. building setback and deleting the requirement for a masonry wall along the north boundary and just allow for heavy landscaping and trees. He reiterated that there are 5 conditions in the development order that really pertain to this property only if it is developed as residential and those are 3, 4, 6, 10, and 11.

Cyndi Gundy, 2897 Joseph Circle, addressed the Board to state the future land use element of the Comprehensive Plan charges the Board with a duty to protect neighborhoods. A similar request was denied three years ago due to the incompatibility with the character of the area and the Circuit Court quashed the Board’s decision. She asked the Board to deny the rezoning request, as it is still incompatible. Concerns that were not met on the list are no co-signers, increased buffers and building setback. Mr. Wright addressed the no co-signer issue and the developer has agreed to prohibit co-signing for college students as long as the residents agree to not limit the term lease to 12 months. She stated the residents do not want co-signing at all. She stated the Board will be hearing the following experts: Marwan Ayyed, Mark Thoms, Dr. Kiersten Maryott, Robert Reese, Scott Henderson and Kim Jennison.

Marwan Sayyed, 2753 Joseph Circle, addressed the Board to state he has submitted his resume (not received and filed) with his speaker request form. He stated he is here to discuss the issue of access circulation and cut-through traffic. He displayed an exhibit (not received and filed) of SR 434 and what it will look like. He said there wouldn’t be so many driveways and vacant cuts throughout the project. He discussed the left turn lane east and west of Carrigan, traffic delays on Alafaya, how the traffic will have to travel going northbound and how traffic will obtain access to Alafaya Trail off of Econ Place.

Mark Thoms, President of Stillwater Homeowners Association, addressed the Board to state he is speaking on behalf of Joyce Ungerman, who is a licensed realtor in the community. He read Ms. Ungerman’s statement relating to the significant impact of Riverwind Apartments, River Chase in Orange County in which 12 homes have been sold to investors within the past year, and with regard to student housing. He stated Ms. Ungerman strongly objects to the rezoning request.

Dr. Kiersten Maryott, 14143 Leicester Lane, addressed the Board to review her educational background. The main issue she addressed was the potential for students being targeted for this project. She stated Ms. Kramer, Seminole County Schools, indicated that the local schools in the area did not have the capacity to handle the additional demand that would be created by this project. She said she was informed that the applicant is seeking a license to serve alcohol on the project and she feels that this strategy is being used to directly target the college population. She submitted and briefly reviewed studies (received and filed) of “Secondhand effects of student alcohol use reported by neighbors of colleges”, and “The relationship of alcohol outlet density to heavy and frequent drinking and drinking related problems among college students at eight universities”.

Discussion ensued between the Board and staff relating to selling of alcoholic beverages.

Chairman McLain stated the P&Z minutes reads that the change does not have a significant impact on the school system.

Whereupon, Mr. West elaborated on that issue.

Robert Reese, Jr., 952 Moss Lane, addressed the Board to submit a copy of his resume (received and filed). He stated he has been involved in the multi-family development business since 1997. If the intent is not to have student housing, then everything must be done to discourage that. He displayed an aerial map (received and filed) showing his project that was approved in 2001 and the surrounding residential areas. He stated he is a developer and his project is located 1,000 to 1,500 feet from the neighborhoods. There will be similar situations with this project if the Board allows the same elements exist from those that occurred at Knights Crossing. He urged the Board to at least have the same restrictions or implementation of issues that were worked three or four years ago. He submitted a copy of a development order showing the issues presented three years ago and an office memorandum from the business manager of Grande Ville at River Place (both were received and filed).

Upon inquiry by Commissioner Henley, Mr. Reese advised some graduate students are living in his complex. There are probably less than a dozen living there.

Scott Henderson, 3660 Maguire Blvd., addressed the Board to state he is representing Urban Resource Group and he submitted his resume (received and filed) consisting of his credentials on planning issues. The issue comes down to consistency and compatibility with the Comprehensive Plan. He stated he has reviewed the application and he feels that commercial designation needs to be looked at. The zoning code allows C-2 for multi-family as well as commercial use. The multi-family uses are limited to 10% of the commercial of the project and in addition it allows multi-family but at a density consistent with the R-3 zoning district (13 dwelling units per acre). The proposed project is 20 units per acre. The most difficult challenge the Board has is the compatibility of existing development to the proposed development. The intensity of development being proposed is far more than what is proposed under the existing commercial designation, the existing commercial Comprehensive Plan Land Use and the commercial designation of the property. The question is whether or not it is consistent with the Comp Plan and he would have to differ with staff’s recommendation that it is not consistent with the Comprehensive Plan.

Deputy County Manager, Sally Sherman, left the meeting at this time.

Mr. Henderson stated the Comprehensive Plan indicates that someone is not necessarily entitled to the maximum density designated in the Comprehensive Plan. What is being applied for is a significantly higher intensity than what is in the Comprehensive Plan. This project should be going through a Comprehensive Plan amendment to look at high-density development. PUD is consistent because it is listed as a permitted zoning category. This project is not creating multi-family as an ancillary use to commercial and it is not within the 50% limitation. The applicant is proposing almost twice the intensity of development, therefore the development criteria is not there. He stated he feels the buffers are not quite adequate and the 50 ft. buffer is a good start. This project needs to be evaluated and modified to look at one and two-stories to create modification. He stated he feels the Board needs to work through some of the things that have been suggested by the residents and ask the applicant to go to the next level by preparing a site plan so that the applicant can understand how this property is going to function. Also, whether or not the buffering, setbacks, and lighting are adequate.

Upon inquiry by Commissioner Maloy, Mr. Henderson advised he feels the 50 ft. buffer needs additional landscaping in order to deal with light and noise. If you go with a lower intensity of development along the northern end of the property, you would end up eliminating a massive parking lot.

Ms. Sherman reentered the meeting at this time.

Upon inquiry by Chairman McLain, Mr. Henderson advised the site plan indicates that once you hit the northern boundary of the adjacent residential uses, there would be no more than .5 ft. candles outside the boundaries of the PUD and that says there is lighting bleeding over into the single family residential area.

Kim Jennison, 433 Wilmington Circle, addressed the Board to state as President of Remington Park, Stillwater and Palm Valley, he has seen a lot of growth over the past several years. He stated the proposed project tonight is incompatible for the same reasons as the previous project. The most welcomed changes to the area has been single family development such as Sawgrass Subdivision, the Brossier Company apartment complex, and the custom homes in Bentley Cove and Winding Cove. An application for another single-family development on Lake Hayes Road was submitted in April 2003. He asked the Board to deny this project based on the substantial and confident evidence submitted by the experts this evening.

Chairman McLain recessed the meeting at 8:38 p.m., reconvening at 8:45 p.m.

Bert Locke, Jr., 3044 Salisbury Cove, addressed the Board to state he has had an opportunity to review the court opinion rendered on the previous case. He submitted newspaper articles (received and filed) indicating that a City of Lake Mary Planner had asked for a rejection of a development, that was intended for student housing, due to concerns that additional police would be required. He stated the second article refers to Orange County Chairman Crotty’s concern and urging elected officials to keep zoning decisions from sending more children into already crowded classrooms. He also submitted a copy of Seminole County’s promotion of the Economic Development Program (received and filed) and how successful the program has been in promoting new job growth and business in the community. He feels that converting a C-2 zoning into a PUD will have a negative impact of limiting the potential for the County to maintain and generate jobs for the community and generate revenues from sales tax and enhance property values. A residential complex for students has the potential to add burden and cost to the County. He submitted an e-mail (received and filed) from him recapping several reasons for the Board to vote no on the rezoning.

Charlotte Carver, 3045 Lowery Drive, addressed the Board to state the high scale development Grandville at River Place that was approved three years ago is at 68% capacity. She stated she supports retaining the existing commercial zoning in this area and she urged the Board to decline the PUD zoning.

Joe Rigdon, 2960 Lowery Dr., addressed the Board to state there are only about 10 houses on the street and he is directly affected when situations like these occur. He stated there are already two large apartment complexes in the area and they do not need another one.

Susan Eberle, 652 W. Palm Valley Dr., addressed the Board to ask the Board to deny rezoning this property, as the applicant wants to build apartments next to single-family homes. This is not a compatible use with the existing neighborhoods. She stated a U.S.A. Today article refers to a study done by the Harvard School of Public Health and they found that many of the problems near the campuses were the secondhand effects of heavy alcohol use. One doesn’t have to look far to see the impact of UCF off-campus housing. Hundreds of pages with thousands of calls of service to the Sheriff’s Office were entered into the public record at one of the BCC meetings. The residents expect the Board to assure that their neighbors are safe. She stated on January 23, 2003, staff spoke on behalf of the County at the UCF’s Master Plan hearing before the Board of Trustees. She stated there is no more vacant property in Seminole County for this type of housing, therefore, the impact will either move further north or back into Orange County. The residents feel that the University should look at the lower density. She asked the Board to not make another mistake by putting an additional burden on the homeowners. She submitted her letter and comments made at the UCF Master Plan hearing into the Record.

Lynn Berger, 3030 Moore Dr., addressed the Board to state for the last few years they have debated and argued over the Riverwind Apartments. She stated Commissioner Maloy had indicated that if he had to do that again, he would never have done it. These apartments will be appealing to students because student housing is rented out by the room and it is very costly. The proposed apartment complex will be rented as a unit, therefore, the rent will be lower and this will entice the students. Evans Elementary School opened two years ago and it already has over 10 portables and it has had to redesigned its whole land use area replacing the playground for these portables. The schools are not adequate enough to allow another apartment complex. She stated Grandville and Riverwind Apartments are not near their capacity. The traffic is ungodly as you cannot go up and down Alafaya Trail without seeing an accident. Having an entrance and exit on Alafaya Trail is ridiculous. Developers make a lot of promises that they do not keep. She said her house was just appraised $30,000 lower than what it would have been appraised if Riverwind wasn’t there.

Mr. West explained for Commissioner Maloy that Riverwind is probably more intense in traffic generation than this project because it is being rented by the bedroom. When the additional parking was added to the north, the Board requested that no access be allowed to Carrigan Avenue. From a traffic standpoint, staff sees no reason to eliminate access.

Attorney Wright stated he is confident that Mr. Walsh desires to have a good neighbor relationship with the area if this project is approved. The residents’ traffic consultant generally agreed with the conclusions of the applicant’s traffic consultant. He clarified that there is no intent or desire or objection to prohibiting alcohol sales within the apartment development. He commented to Mr. Henderson’s comments relating to the Comp Plan, the intensity of people other than traffic, the traffic impact being 50% less than what the current zoning is, what is an appropriate transition from commercial uses to medium density uses, the inadequacy of the buffer, and the lighting bleeding over into the adjoining properties. He read excerpts from the court’s opinion relating to rental units and the likelihood of student housing and the property values. He stated this is compatible per se and the only basis to determine that it is not compatible is by overwhelming testimony that it is a violation of the public health, safety and welfare. He requested the Board to approve the application with the conditions they have agreed to.

Upon inquiry by Commissioner Henley, Attorney Wright advised he believes the landscaping will be handled with reuse water.

Ms. Tice stated Mr. Sayyed’s concerns regarding cut-through traffic are not going to be an issue on a gated apartment complex. She stated there is an access to the north and one to the south and if you are going to have a gated community, there is a need for two accesses. There is no need for current timing because when there is more traffic, the timing is changed. Part of that happens within the normal maintenance plan. When the construction is completed, the timing plans will be reviewed. That change occurs on the natural basis within the maximum settings, therefore, these control settings will be looked at as a guideline and if they do not meet the demand that is out there, the County will change them. The analysis that Mr. Sayyed did was based on a more intense development program. She stated she reviewed those numbers and they are better than they were when she did the analysis before. She said the applicant still meets the concurrency requirements. The access on SR 434 is exclusively for the commercial portion of this development and not the residential portion. The distribution for the southern driveway will be heavily favoring the south. She discussed the traffic and person impact on the surrounding area.

Upon inquiry by Commissioner Maloy, Ms. Tice advised she believes the gate will be controlled on a regular basis with access codes or someone controlling it.

No one else spoke in support or in opposition.

Speaker Request Forms and Written Comment Forms from various resident opposing the rezone were received and filed.

Potential Developer Commitments for Discussion, e-mails and phone messages from area residents, studies of the relationship of alcohol outlet density to heavy and frequent drinking and drinking-related problems among college students, secondhand effects of student alcohol use, college alcohol study, notice of BCC public hearing, and Econ River Place PUD Owners’ Voluntary Commitments were received and filed.

Upon inquiry by Commissioner Maloy, Mr. West advised based on the comments tonight, staff’s opinion and recommendation has not changed on this project.

Mr. West explained for Chairman McLain the difference between the Riverwind not accessing Carrigan and this project.

Upon inquiry by Commissioner Henley, Mr. McMillan advised the Board has to look at the project as a whole and whether or not the conditions they place on it are supported by the evidence that is heard. He stated he is not sure that there was much testimony directly relative to the effect of shorter-term lease versus longer-term leases. The Board needs to look at it as a whole and then propose a set of conditions that the Board thinks are appropriate to the development. He stated he wouldn’t think the Board would want to narrow a denial down to a refusal of a single condition.

Commissioner Henley stated he believes there are numerous cases of U-turns that exist all over the County and he doesn’t think that is a compelling issue.

Commissioner Van Der Weide stated he believes that the co-signers issue has the capability of tipping this project into student housing. He stated he would like to know if there is some way of restricting that.

Mr. McMillan stated the Board has to take the list of conditions the developer has agreed upon and will agree to. If the Board doesn’t think it will do the job on preventing the problems identified during the public hearing, then the Board can rule against it. It the Board believes it doesn’t, then they approve it. The Board cannot force any conditions on the developer. The Board has to look at the whole package and then decide whether or not it does the job.

Mr. West informed Chairman McLain that the final master plan for Alafaya Commons was approved for 20 dwelling units per acre or 280 units maximum. The actual net density was 17.5 acres for multi-family and 1.68 acres for commercial.

Upon inquiry by Chairman McLain, Mr. West advised as far as the development to the south, the 20 units per acre is compatible with the buffers and setbacks suggested in the proposed development order. He stated the transitioning is not only to the south but to the east as well (Commercial on the frontage of Alafaya). Staff considered that the development should have less intensity on the northern side adjacent to residential. Staff felt that the buffer and setbacks would be adequate and in line with other projects similarly situated next to Low Density Residential.

Upon further inquiry by Chairman McLain, Mr. West advised staff is recommending a 50 ft. buffer and a 120 ft. building setback with a 6 ft. block wall along the north property line. Staff is recommending limiting the building height to 35 ft.

District Commissioner Maloy stated he feels that this seems like deja vue coming back to the same spot from a couple years ago. He said he can see where each side is coming from. He added he feels that going from commercial to an apartment complex next to residential is something that would be welcomed because it would look better than seeing the back of a shopping center. The residents have had some valid concerns with the Riverwind Apartments. Since then, the codes and regulations have been changed so that projects like Riverwind could not be built unless it was specifically approved. This project was turned down, but the judges ruled that the Board did not meet certain criteria. A lot of the expertise comments were centered on traffic and noise as well as other issues. He stated he believes all the provisions are reasonably designed to promote health, safety and welfare.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to enact Ordinance #2003-23, as shown on page ________, approving the rezoning from C-2 to PUD for approximately 16.5 acres of land located on the south side of West Carrigan Avenue, the north side of Econ River Place, and the west side of Alafaya Trail, with staff recommendations, plus other conditions to ensure compatibility, approval of the Development Order, as shown on page _______, as described in the proof of publication, Kenneth W. Wright. He clarified staff recommendations as follows: Prohibition of four bedroom/four bath & three bedroom/three bath apartments; Masonry wall would have a stucco finish or appropriate finish that is pleasing to the eye; 50 ft. buffer with 120 ft. setback could be increased to the north next to residential through engineering means when the master plan comes back. For example, reducing the buffers to the south and relocating drainage and decreasing space between buildings. The buffer to north could be increased substantially and that would come back during the final master plan. Additional items would include: The project would be built with architectural standards per the photographs submitted; No co-signers for college students; The project will not be marketed to college students; No outdoor recreational facilities within 300 ft. of Remington Village; No balconies on the northeast of the parcel along residential areas; One unit will be offered at 50% rent for deputies or a deputy will be hired between the hours of 10 p.m. and 3 a.m.; A Community Advisory Board will be formed to meet with management and will consist of representatives from Remington Village, Remington Park, Stillwater and Seminole Terrace Subdivisions; Representatives will meet with the developer on the formation of the master plan before it comes back to the Board; 24-hour on-site management; Parking pass system for tenants and visitor parking will be strictly enforced; no subleasing; leases to identify the name of each tenant; gated control access and at least one gate closed during day hours for cut-through traffic; premises would be occupied only by those who are listed on the lease; use the existing curb-cut entrance on Carrigan and it not be substantially closer to Remington Village. The project should be reduced from three entrances to two entrances on the master plan; the apartments shall be positioned to have the least impact on abutting homes to the north and not in a linear way that is unpleasing to the eye but could be more compatible; no way-off lighting into adjacent properties; and no alcohol served within the apartment complex.

Under discussion and upon inquiry by Commissioner Van Der Weide, Commissioner Maloy advised one gate will be closed at all times during the day. He stated he has noticed that some apartment complexes open their gates during the day and they have stated that they would keep them closed. He said he wanted to specify that both of them would not be opened during the day as that would encourage cut-through traffic.

Chairman McLain stated one concern he has is the density to the apartment complex to the south is 17 units per net buildable acre. He stated he cannot see how they can justify higher density closer to residential development. He said he would like to see this limited to 17 units per acre.

Commissioner Maloy stated he would accept that as a friendly amendment. Commissioner Van Der stated he concurs with that amendment.

Mr. McMillan stated the Board needs to ask the applicant if he will accept those conditions. If not, the option between the Board is whether to deny it or do other conditions. The Board cannot approve a PUD zoning and impose a lot of conditions upon the developer. He either agrees to a negotiated PUD or he doesn’t. If what he is willing to agree to and it doesn’t offset the impact of what was indicated by the testimony, then the Board needs to deny the PUD. He stated he wouldn’t approve the PUD with conditions that the developer has not agreed to.

Attorney Wright stated with regard to one gate being closed during the day, he would accept that. He stated he would request 17.3 units per net buildable acre. Discussion ensued and the Board concurred with the 17.3 units per acre.

County Attorney, Robert McMillan left the meeting at this time and was replaced by Deputy County Attorney Stephen Lee.

Chairman McLain recessed the meeting at 9:47 p.m. to allow the applicant and the District Commissioner time to review the additional conditions. The meeting was reconvened at 9:56 p.m., with Mr. McMillan being in attendance.

Attorney Wright stated he has reviewed the additional conditions with the District Commissioner and staff and he is in agreement with all of them.

Upon inquiry by Commissioner Van Der Weide, Attorney Wright advised he cannot agree to taking the word “student out of no student co-signers” out of the conditions.

Upon inquiry by Chairman McLain, Attorney Wright advised he will not allow a co-signer if the application indicates that their occupation is a student. He stated he has no objection to the co-signer condition, but he believes it is a violation of the Fair Housing Act. He said his client has indicated that this is something that he will not seek.

Upon further inquiry by Chairman McLain, Commissioner Maloy stated the friendly amendment would reflect 17.3 units. Commissioner Van Der Weide agreed to the amendment.

Districts 1, 3, 4 and 5 voted AYE.

LAND USE AMENDMENT & REZONE/Thomas Daly

Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from Commercial to High Density Residential; and Rezone from C-2 (Retail Commercial) and R-3 (Multiple Family Residential) to Planned Unit Development (PUD) on 12.79 acres on the south side of Wilshire Blvd., ¼ mile west of SR 436, Thomas Daly, received and filed.

Jeff Hopper, Planning, addressed the Board to state the applicant is proposing 130 units on 12.79 acres and an overall density of 10.2 units per acre. The 6.6 acre parcel has a Commercial Land Use designation and C-2 zoning and will require a Small Scale Land Use Amendment. The balance of the site is already designated High Density Residential. The applicant is proposing attached units on individual lots and the project is intended for owner occupation. The buildings will be two-story in height with a minimum living area of 1,000 sq. ft. The proposed structural setbacks include 25 ft. from Wilshire Blvd. and a minimum of 40 ft. from adjacent single-family residential properties. He stated 15 ft. landscape buffers will be provided along Wilshire Blvd. and the south and east property lines. Staff recommends approval of the request subject to the 20 conditions outlined in the development order, including 25% open space, 50 ft. property line setback from the front or rear wall of any unit, alignment of the principal access road with Coachlight Drive, and buffer areas providing four canopy trees per 100 linear feet. Existing vegetation would count toward that requirement if the trees are located in the buffer area. The Planning & Zoning Commission (P&Z) recommended approval of the request with a number of changes from staff recommendations. Most of these changes have been incorporated in the development order. Staff recommends a 6 ft. brick or masonry wall along the south and east property lines and installation of a sidewalk along the entire Wilshire Blvd. frontage. He reminded the Board that if they approve the request, they will need to make the motion to enact an ordinance.

Tom Daly, applicant, addressed the Board to state the property is uniquely shaped and it has access from SR 436. He reviewed the different land uses of the surrounding area. What he is requesting is to convert the C-2 use to a high density residential so that the entire property will have a high density Comp Plan, but they are asking for a PUD zoning to limit the density to 130 units. He advised this will be a fee-simple project. He displayed a colored site plan (not received and filed) and he stated he has sent a copy of this plan to staff as well as the area homeowners. Environmental and soil work has been done on the property. There will be a recreational center with a pool and bathhouse and a tot lot. He stated he has not met with the residents since the P&Z hearing to discuss all of the issues. There were discussions at the P&Z meeting with regard to the brick or masonry wall. A significant portion of the south property line consist of existing trees and the reason P&Z decided to go with the fence is because construction of a wall will rip out those trees. He stated he feels that the buffering with the existing trees, supplemental plantings and a physical barrier would be better than ripping all of the vegetation out.

Upon inquiry by Commissioner Henley, Mr. Daly displayed a photograph (not received and filed) and he stated he has proposed a 15 ft. buffer. He stated a tree survey has not been performed, but he is required to put a footer and masonry wall, and it would be impossible to set anything along that buffer.

Commissioner Henley stated he would have to disagree with that as he believes a lot of the trees can be avoided.

Mr. Daly stated the planting requirements are significant, but the benefit of having an existing 25 ft. tree with supplemental plantings is a better buffer.

Upon inquiry by Commissioner Henley, Mr. Daly advised the public right-of-way ties into this property and he is going to relinquish their access rights to that through this process.

At the request of Commissioner Maloy, Mr. Daly displayed photographs (not received and filed) of what the units will look like.

Barbara Rainey, 2037 Sepler Dr., addressed the Board to state she attended the P&Z meeting and she doesn’t remember them approving a masonry fence. She stated she doesn’t want a wooden fence because in five years she doesn’t want to be looking at fences that are deteriorated (she displayed pictures of worn looking fences {not received and filed}). She said she would prefer a tall chain-link fence that is covered with shrubs. The 10 units to the acre doesn’t seem like that it all fits together.

Mary Jones, 2041 Sepler Drive, addressed the Board to indicate on the aerial map where her property is located. The plat, as it is set up, would have a playground area approximately 25 yards from her property line. She stated she has concerns about a recreation area being that close to her property line as the noise will come with it. A two-story structure would be approximately 13 yards from her property line. She stated she loves the trees that are already there and if an aesthetic pleasing wall can be accomplished there, she is in favor of sparing the trees. Another issue of concern is the overhead power lines and transformer being located near her.

Tony Kaminskie, 2044 Collier Dr., addressed the Board to display a site plan and photographs (not received and filed) of his property showing the power lines and transformer near his swimming pool. He stated he is worried about the protection of his family. He continued by reviewing photographs of a pond, trees that the applicant is proposing to cut down, and water treatment plant with a deteriorated wooden fence.

At the request of Chairman McLain, Mr. Hopper explained how the site plan will be dealt with.

Mr. Kaminskie stated he is opposed to the density and he asked the Board to vote against the rezoning.

Beverly Bragg, 2031 Sepler Court, addressed the Board to state she opposes the request as it is an interference on what she is used to. She stated the things that she is most concerned about are the buffers and the setbacks are critically insufficient for abutting her backyard. She said the wood fence has a potential of quickly deteriorating and will create an eyesore. If a wood fence is put up, it will create a safety issue for young children. Another issue she is concerned about is the sound of cars against her property line and where the dumpsters will be placed. She said she would like to propose that the setbacks be placed at least 300 ft. and a 100 ft. buffer. She added she would like to save any tree that is larger than 3” in diameter. If they are cut down, then they should be replaced with a tree that is 6” in diameter.

Jack Edwards, 732 Coachlight Dr., addressed the Board to state he is the President of Coachlight Estates Homeowner’s Association. He stated he feels this project is better than a commercial project, but the fact is there will be a total of 85 homes between Coachlight Estates and the townhomes and there is only one entrance out of Wilshire. Some of the concerns mentioned were the children, noise and fencing and that could be alleviated by leaving a lot of the trees there. The children catch the bus along Wilshire and with the additional traffic, it could be dangerous for them.

Konnie Semonski, 689 Fellowship Dr., addressed the Board to submit 63 signed letters (received and filed) from residents of Coachlight townhomes and Coachlight Estates. She spoke with regard to the traffic, traffic light at Wilshire Blvd., sidewalks, wood fence, an entrance on Wilshire Blvd., law enforcement impact study, transportation, and the traffic flow. She stated she doesn’t have a problem with the property being developed for what it is designed for, but to change the commercial property to high density residential is inconsistent with the neighborhood. She asked the Board to consider the issues that the residents brought up relative to traffic, concrete block wall, reducing the density and have it resemble more of what the neighborhood is now.

Mr. Daly clarified that he does not support a sidewalk along Wilshire Blvd. as there are no sidewalks that far south of Wilshire. He is proposing to have sidewalk and pedestrian access to the northeast corner and tie it in to the existing sidewalk and shopping center. The buffers are consistent with the other townhome projects. He stated he would be willing to construct a PVC fence and that would allow them to save the trees. All of the fencing, buffering and common areas will be maintained by the homeowners association.

Upon inquiry by Commissioner Henley, Mr. Daly advised he is implying that the fence is a common area and he will be installing a brick column and rod-iron fence along Wilshire Blvd. as well as landscaping.

Upon further inquiry by Commissioner Henley, Mr. Daly advised he has not discussed the PVC fencing with the homeowners at this time.

Chairman McLain recessed the meeting at 10:50 p.m. to allow the applicant to discuss the fencing with the residents. He reconvened the meeting at 10:55 p.m.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed. An e-mail from Mr. Daly was also received and filed.

District Commissioner Henley stated the Board doesn’t have the authority to say nothing will change, but what they attempt to do is to make sure that the changes that do occur are as compatible and acceptable by the people who are impacted by the changes. The Board does not have the substantial evidence to deny the request.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to enact Ordinance #2003-24, as shown on page ________, approving the Small Scale Land Use Amendment to High Density Residential; and Ordinance #2003-25, as shown on page ________, approving the Rezoning to Planned Unit Development (PUD) on 12.79 acres on the south side of Wilshire Blvd., ¼ mile west of SR 436, as described in the proof of publication, Thomas Daly, with the 20 conditions staff has placed in the Development Order, as shown on page ________, with a change to Item #8, a 6 ft. PVC fence shall be constructed and maintained along the south and eastern property lines.

Districts 1, 3, 4 and 5 voted AYE.

ITEMS FOR FUTURE AGENDA

Richard Schauseil, 409 Country Club Drive, addressed the Board to state he would like to inform the Board of an issue relating to Attorney Frederick Nelson. He stated Attorney Nelson served notice to him as an expert witness relating to a case in which Attorney Nelson represented the County. He stated the deposition was conducted on August 14, 2002 and he submitted his invoice to Attorney Nelson and he has not been paid in full to date. Attorney Nelson was given a copy of an invoice from the City of Casselberry relating to a deposition that was done in May on the same issue. He submitted a Motion to Compel and Purpose of Service into the Record. He stated he will be filing with the County but will not set a motion to calendar until he gives the County an opportunity to pay the remaining balance ($292.00) or require Attorney Nelson to pay same.

Mr. McMillan stated Mr. Schauseil billed Attorney Nelson for his deposition. This is the case challenging the public decency ordinance, which was adopted by referendum. He stated this is the case in which Attorney Nelson’s firm is funding and they are paying all of the legal expenses and all costs and litigation. This is a dispute between Mr. Schauseil and Attorney Nelson. There was no agreement between the County and Attorney Nelson’s as to how much he was going to pay for this. He stated Attorney Nelson paid what he thought was reasonable. The appropriate way of doing this is to allow the Judge to order the remaining balance be paid. The citizens passed the decency ordinance and Attorney Nelson is defending it and paying all of the costs.

Chairman McLain informed Mr. Schauseil that the Board will take this under advisement and, if necessary, will be in touch.

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Commissioner Maloy stated he would like staff to bring back an overview of what type of fences last longer, which ones does and does not tear up trees, and how do PVC fences hold up.

Chairman McLain stated he believes that staff should evaluate some of the fences and come up with some guidelines relative to the types of fences in certain circumstances.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:05 p.m., this same date.

ATTEST:______________________Clerk_____________________Chairman

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