BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

OCTOBER 23, 2007

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, October 23, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Mike McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Pastor Hezekiah Ross, West Sanford Free Will Holiness Church, gave the Invocation. 

     Commissioner McLean led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-183, as shown on page _______, commending Dale Lindsley, Maintenance Worker I, Roads/Stormwater Division, Public Works, for his 35 years of service to Seminole County and its citizens. 

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

     The Resolution was presented to Stormwater Manager, Albert English, who addressed the Board to accept the Resolution on behalf of Mr. Lindsley and to express his appreciation to the Board for same. 


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     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-184, as shown on page _______, proclaiming the week of October 27 – November 3, 2007 as “The Week of the Family in Seminole County”. 

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

     The Resolution was presented to James Pratt, State President of The Church of Jesus Christ of Latter-day Saints, who addressed the Board to express his appreciation to the Board for their support in helping to strengthen families in Seminole County. 

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     Motion by Commissioner McLean, seconded by Commissioner Carey to adopt appropriate Resolution #2007-R-187, as shown on page _______, supporting “Pet Rescue by Judy’s” Petition for selection by the “Extreme Makeover – Home Edition” Program for the construction of a new Pet Rescue Facility. 

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

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-186, as shown on page _______, supporting the maintaining of start-up funding for the Colleges of Medicine at UCF and FIU. 

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-185, as shown on page _______, urging the voters to vote “No” on the proposed Florida Hometown Democracy Amendment. 

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

     The Chairman directed the County Manager to have the Resolution revised so that each Commissioner can sign same. 

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     John Metsopoulos, Economic Development, addressed the Board to advise staff has been meeting with the cities along U.S. 17-92 to discuss the SEED Program (Seminole Economic Enhancement District) in order to clean up the blight and contaminated sites along the corridor.  He further advised that Sanford will be voting on whether to include their portion of 17-92 and Casselberry has already unanimously voted  to include their portion in the SEED Program.  He added that he has received positive feedback from both Lake Mary and Winter Springs. 

     George Houston, Florida Department of Environmental Protection, addressed the Board to give a PowerPoint presentation (copy received & filed) of the Brownfields Redevelopment Program reviewing the following:  What Are Brownfields?; Why Redevelop Brownfields?; Florida Brownfields Redevelopment Act; Program Objectives; Florida Brownfields Process; Brownfield Area Designation; BSRA Elements; Brownfield Area Economic Incentives; BSRA Benefits; BSRA Liability Protections; Available Tax Credits-Summary; and Success Stories.  CD of PowerPoint presentation and SEED Program Brochure were received and filed. 

     Commissioner Dallari stated he believes this is one more tool for economic development and for making the County as green as possible.  He added that he would like to move forward with this program. 

     Mr. Metsopoulos advised staff will be coming back to the Board within the next couple of weeks with a request for formal adoption of this program. 

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Cindy Coto, noted the new language submitted to the Board with regard to Item #19, Sustainment Funds to Assure WMD Operational Capability of Existing Hazardous Materials Subgrant Agreement. 

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

Administrative Services

Purchasing and Contracts

 7.  Approve Change Order #2, as shown on page _______, to CC-0751A-06/TLR with Gibbs & Register, Inc. of Winter Garden, Florida, in the amount of $211,515.00 for the conversion of the intersection at CR-46A (HE Thomas Jr. Parkway) and Country Club Road to a signalized intersection with required storm drain adjustments at the Riverboat Landing Plaza driveway.  

 8.  Approve Change Order #7, as shown on page _______, to CC-1636-06/BHJ - Renovation of Seminole County Fire Station #35 to Southern Building Services, Inc. of Winter Garden, Florida, in the amount of $32,128.60, addressing code and construction issues.

 9.  Award CC-2424-07/BHJ Agreement, as shown on page _______, in the amount of $10,060,000.00 to Southland Construction, Inc. of Apopka, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary for the construction of a five-lane urban roadway section approximately 1.149 miles in length along an existing two-lane corridor of C-15, from SR 46 to Orange Boulevard, Sanford, Florida. 

10.  Approve negotiated rates and award PS-2108-07/VFT - Master Agreement, as shown on page _______, for design of Pedestrian Tunnel at Lake Mary Blvd./International Parkway to Reynolds, Smith and Hills, Inc. of Orlando, Florida (Estimated usage of $400,000.00 over the term of the Agreement). 

11.  Approve the negotiated rates and award PS-2144-07/BHJ Agreement, as shown on page _______, Final Design Services for SR 46 Gateway Sidewalks - Rinehart Road to Airport Boulevard with Burgess and Niple, Inc. of Orlando, Florida ($350,000.00 estimated usage amount over the term of the Agreement). 

12.  Award RFP-600231-07/TLR Agreement, as shown on page _______, Consulting Services for Housing and Community Development Administration and Implementation to Florida Planning Group, Inc., Ponte Vedra Beach.

13.  Approve the Second Renewal to RFP-4243-05/DRR – Irrigation Systems Evaluations – 2005 Agreement for Seminole County with Clear Water Products and Services of Winter Springs, Florida. 

 

Business Innovation Technology Services

Business Development

14.  Adopt and authorize the Chairman to execute appropriate Resolution #2007-R-188, as shown on page _______, renaming a certain platted parcel now known as unnamed access, Tract A to Chantal Lane.

 

Community Service

CDBG

15.  Approve and authorize the Chairman to execute the Seminole County/Midway-Canaan Community Water Association, Inc. HUD/CDBG Subrecipient Agreement, as shown on page _______, Program Year 2006-2007 in the amount of $15,000.00.

 

Community Assistance

16.  Approve and authorize the Chairman to execute the attached Satisfactions of Second Mortgages, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Michael & Alice Carlson; Bruce Figueroa & Alicia Arevelo & Anita Ortiz Rivera; Kenneth C. & Teresa Leary; James T. & Trudy Ann Otwell; Concepcion & Matilde Perez; Lina Y. Schoepflin; Norma Garcia; Lillian R. Gipson; and Sadie Holmes.

 

Environmental Services

Business Office

17.  Approve release of the original Water and Sewer Cash Maintenance Bond in the amount of $1,886.00 for the project known as Fountainhead.

Water and Sewer

18.  Approve and authorize the Chairman to execute the Seminole County and Heathrow Country Club Purchase and Reclaimed Water Service Agreement, as shown on page _______.

 

Fiscal Services

Administration

19.  Approve and authorize the Chairman to execute an Amendment, as shown on page ________, to the Sustainment Funds to Assure WMD Operational Capability of Existing Hazardous Materials Subgrant Agreement in acceptance of equipment valued at $75,344.00 – accompanying Budget Amendment Request (BAR).

20.  Approve and authorize the Chairman to execute the Grant Agreement, as shown on page _______, between Safe Kids Worldwide and Safe Kids Seminole in acceptance of $5,000.00 for the Safe Kids Buckle-Up Program.


Budget

21.  Approve and authorize the Chairman to execute a Budget Amendment Resolution #2007-R-189, as shown on page _______, implementing Budget Amendment Request (BAR) #07-94 to recognize additional equipment valued at $75,344.00 received under the FY05/06 grant agreement with the Florida Division of State Fire Marshal for hazmat equipment and sustainment. 

22.  Approve and authorize the Chairman to execute a Budget Amendment Resolution #2007-R-190, as shown on page _______, implementing Budget Amendment Request (BAR) #08-10 through the Public Safety Grants Other Fund in the amount of $5,000.00 to establish funding for the Safe Kids Coalition Grant.  

 

Leisure Services

Median Maintenance

23.  Approve and authorize the Chairman to renew the Memorandum of Agreement No. AOH61, as shown on page _______, with Florida Department of Transportation, allowing for enhanced landscape maintenance provided by Seminole County with reimbursement by DOT at the S.R. 17-92/I-4 on/off ramps. 

 

Library Services

Museum

24.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Mid-American Arts Alliance for $4,300.00 for the traveling exhibit “Teapots: Object to Subject” to be held at the Museum of Seminole County History from January 28, 2008-March 16, 2008.

25.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Mid-American Arts Alliance for $4,800.00 for the traveling exhibit “Dichos: Words to Live, Love and Laugh By in Latin America” to be held at the Museum of Seminole County History from October 21, 2008-November 30, 2008.

 

Planning and Development

Development Review

26.  Authorize the release of the Paving and Drainage Improvements Maintenance and Escrow Agreement and Cash Maintenance Bond in the amount of $5,880.00 for the Monroe Commerce Center South Phase 3 road improvements (Small Bay Partners, LLC). 

27.  Authorize the release of the Alaqua Lakes Phase 8 Private Road Maintenance Bond #17-25-27 in the amount of $30,933.45 for the Alaqua Lakes Phase 8 road improvements (Taylor Woodrow Communities).  

 

Public Works

Engineering

28.  Accept and authorize the Chairman to execute a Perpetual Stormwater Easement, as shown on page _______, for the Sweetwater Cove Tributary Surface Water Restoration Project, Phase IIIB - Dredging/Revegetation of Sweetwater Cove Lake  (Calvin Jr., and Lottie H. Collins).    

29.  Approve and authorize the Chairman to execute a Preliminary Engineering Agreement, as shown on page _______, with CSX Transportation, Inc., to facilitate the proposed widening of an existing crossing surface in conjunction with the County Road 15 Project.  

Traffic Engineering

30.  Approve and authorize the Chairman to execute the Memorandum of Understanding, as shown on page _______, between The State of Florida Department of Transportation and Seminole County for the SR 46 Mast Arm Project. 

 

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

31.  Approval of a proposed negotiated settlement relating to Parcel Numbers 134/734A/734B of the County Road 15 road improvement project, Lake Monroe Partners, LLC. The proposed settlement is at the total sum of $268,000.25 inclusive of all compensation to the owner, attorney fees, all costs, interest, and any other matter for which Seminole County might be obligated to pay relating to these parcels. 

32.  Authorize the issuance of an Offer of Judgment for Parcel Number 132 on the Lake Emma Road improvement project, Zachary Taylor Holdings, Inc., in the amount of $18,700.00. 

 

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

CONSTITUTIONAL OFFICERS CONSENT AGENDA

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

33.  Expenditure Approval Lists, as shown on page _______, dated September 24 & 28, 2007; Payroll Approval List, as shown on page _______, dated September 20, 2007; Official BCC Minutes dated September 24, 2007; and, noting, for information only, the following Clerk’s “received & filed”: 

 

1.  Memorandum to Sandy McCann, Supervisor, County Commission Records, from Denes Balo, Director of Clerk’s Finance, submitting FY 2006/2007 Amended Budget, as shown on page _______.

 

2.  Memorandum to Denes Balo, Director of Clerk’s Finance, from Sandy McCann, Supervisor, County Commission Records, acknowledging receipt of Amended Budget for FY 2006/2007.

3.  Notice of Hearing from the Florida Public Service Commission re:  Application for increase in water and wastewater rates in Alachua, Brevard, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and Washington Counties by Aqua Utilities Florida, Inc.

 

4.  Water and Sewer Cash Maintenance Bond, as shown on page _______, with Escrow Agreement in the amount of $7,712.53 for the project known as Olsen Estates.

 

5.  Notice of Commission Hearing and Prehearing from the Florida Public Service Commission to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons re:  Docket Nos. 070001-EI, 070002-EG, 070003-GU, 070004-GU and 070007-EI.

 

6.  Development Orders #07-30500006 and #07-30500005, as shown on page _______, for Centex Homes Bullion Loop variances.

 

7.  Addendum #1, as shown on page _______, to Development Order #03-20500005, Hawthorne Glen PUD Major Amendment.

 

8.  Satisfactions of Connection Fees, as shown on page _______, for the projects known as C.A. Stone Restaurant A (Macaroni Grill); Bridgewater Commons; Wekiva Springs Road PCD; and Hyatt Place Hotel.

 

9.  Bill of Sale, as shown on page _______, accepting water system within the project known as Centre for Alternative Medicine.

 

10.  Bills of Sale, as shown on page _______, accepting water and sewer systems within the project known as Greenway South PUD (aka Shoppes at Clayton’s Crossing).

 

11.  Bill of Sale, as shown on page _______, accepting water system within the project known as Fairwinds Credit Union SR 46.

 

12.  Assignment of Conditional Utility Agreements, as shown on page _______, for water and sewer service with Lakeview at Heathrow LLC, D.R. Horton and CDG Heathrow Ltd. for the project known as Lakeview at Heathrow.

 

13.  Letter from Simply Self Storage requesting address change for all tax bills, notices, etc. for listed parcels owned or controlled by the undersigned.

 

14.  Memorandum to Sandy McCann, Supervisor of Commission Records, from Lori Kennedy, County Attorney’s office, submitting Lawyer’s Title Insurance Corp. Policy and Warranty Deed, as shown on page _______, for County Road 15 (Monroe Road).

 

15.         Work Order #45, as shown on page _______, to CC-1267-05.

 

16.         Change Order #1, as shown on page _______, to Work Order #5 to CC-1284-06.

 

17.         Work Order #20, as shown on page _______, to PS-0381-06.

 

18.         Work Order #12, as shown on page _______, to CC-1075A-06.

 

19.         Sixth Amendment, as shown on page _______, to RFP-4188-03.

 

20.         Fifth Amendment, as shown on page _______, to IFB-3063-03.

 

21.         Change Order #1, as shown on page _______, to CC-0376-05.

 

22.         Amendment #1, as shown on page _______, to M-2481-07.

 

23.         Third Amendment, as shown on page _______, to RFP-600094-06.

 

24.         Second Amendment, as shown on page _______, to RFP-4253-05.

 

25.         Amendment #1, as shown on page _______, to Work Order #1 to M-2189-07.

 

26.         Work Orders #8 & #9, as shown on page _______, to PS-1074-06.

 

27.         Work Orders #14 & #16, as shown on page _______, to PS-1529-06.

 

28.         IFB-600168-07 Contract, as shown on page _______, Helena Chemical Co.

 

29.         Change Order #1, as shown on page _______, to Work Order #6 to CC-1075-06.

 

30.         Change Order #1, as shown on page _______, to Work Order #7 to CC-1075-06.

 

31.         Amendment #3, as shown on page _______, to Work Order #11 to PS-0381-06.

 

32.         IFB-600109-06 Contract, as shown on page _______, Hydro Conduit Corp.

 

33.         Change Order #1, as shown on page _______, to CC-1472A-07.

 

34.         Work Order #10, as shown on page _______, to RFP-0225-05.

 

35.         Work Order #1, as shown on page _______, to PS-0955-06.

 

36.         Work Order #1, as shown on page _______, to PS-1666-07.

 

37.         Presentation Materials on CD’s for CC-2341-07 and PS-2108-07.

 

38.         Bids as follows:  CC-2424-07; RFP-600621-07; IFB-600250-07; and RFP-600244-07.

 

SHERIFF’S OFFICE

34.  Adoption of appropriate Budget Amendment Resolution #2007-R-191, as shown on page _______, in the amount of $741,665, for U.S. Department of Justice, Office of Justice Assistance revenues and a corresponding increase in the Sheriff’s Office FY 2007/08 Budget. 

35.  Expenditure in the amount of $2,000 from the Law Enforcement Trust Fund to provide for a contribution to Women of Renewing Minds, Inc. 

36.  Adoption of appropriate Budget Amendment Resolution #2007-R-192, as shown on page _______, in the amount of $110,162, for re-budgeting prior year unexpended grant funds to the Sheriff’s Office FY 2007/08 Budget. 

 

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

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     The Chairman recessed the meeting at 10:10 a.m., reconvening it at 10:19 a.m., with all Commissioners in attendance. 

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     The Chairman recognized Valencia Community College students who were in the audience. 

REGULAR AGENDA

     Director of Community Services, David Medley, addressed the Board to advise the request before the Board is a follow-up to the Budget Hearing on September 25, 2007.  The Board directed staff to consider additional funding through the Community Service Partnership Grant Program for Lighthouse of Central Florida and the Special Olympics.  He further advised that staff is recommending both of these organizations be funded at one-half of their current 2006/07 funding ($15,000 & $10,000, respectively). 

     Upon inquiry by Commissioner Henley, Dr. Medley advised this money will come from funds that other agencies have not expended so that no money will have to come out of Reserves. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-196, as shown on page _______, implementing BAR #08-13, in the total amount of $25,000, for funding Community Service Agency Grants to Lighthouse of Central Florida in the amount of $15,000 and Special Olympics in the amount of $10,000 for the 2007/2008 budget year. 

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

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     Environmental Services Manager, Bob Briggs, addressed the Board to request direction with regard to convenience fees for on-line credit card payments of water and sewer bills. 

     Commissioner Carey stated she would like for the County to at least recoup the cost of these payments; and believes a $2.00 convenience fee would be appropriate.  She further stated that she has spoken to the Director of BITS about having payments for park fees on-line. 

     Commissioner McLean agreed that the County should recoup their costs and would support the $2.00 fee. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve assessing a $2.00 Convenience Fee for on-line credit card utility account payments of water and sewer bills. 

     Under discussion, Commissioner Carey asked that staff monitor this annually; and if the cost increases, that they bring it back for Board review. 

     Commissioner Van Der Weide stated this makes sense, but would caution the Board about increasing fees that affect the cost for the citizens. 

     Commissioner Dallari stated the County is only trying to break even. 

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

     Mr. Briggs asked the Board to establish an effective date for the convenience fee.  He advised that he is recommending a date of December 1, 2007. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to make the $2.00 Convenience Fee for payment of water and sewer bills on-line effective December 1, 2007. 

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

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     Acting Planning Manager, Tina Williamson, addressed the Board to present request for reduction of Code Enforcement Lien #04-82-CEB, 121 Plymouth Avenue, Isaiah Bailey.  She advised staff recommends a reduction from $60,675 to the administrative costs of $721.43. 

     District Commissioner Henley recommended approval of staff’s recommendation. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve reduction of the Code Enforcement Board Lien #04-82-CEB from $60,675 to the administrative costs of $721.43 for property located at 121 Plymouth Avenue, Altamonte Springs, Isaiah Bailey; require that these costs be paid within 60 days or the lien will revert to its original amount; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______. 

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

COUNTY MANAGER’S BRIEFING

     County Manager, Cindy Coto, advised of a request from Tax Collector, Ray Valdes, that the Board extend the 2007 tax rolls until the completion of the VAB hearings. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to authorize extending the 2007 Tax Roll until after the Value Adjustment Board Hearings scheduled to end December 1, 2007. 

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

COUNTY ATTORNEY’S BRIEFING

     County Attorney, Robert McMillan, advised of receipt of a letter from the Commission on Ethics regarding financial disclosure requirements for the Seminole County Industrial Development Authority (SCIDA) and the Seminole County Port Authority (SCOPA).  He said that there is no longer a requirement for disclosure for those boards.  He further said the BCC can continue with the requirement or not.  If they wish to continue with it, a resolution would have to be adopted by December 31st. 

     Commissioner Carey stated currently they file a Form One, which is a simple form. 

     The Board, by unanimous consensus, directed the County Attorney to bring forth a resolution to the Board which would require financial disclosure of SCIDA and SCOPA board members. 


CHAIRMAN’S REPORT

     Chairman Henley read into the Record a letter (received & filed) from Don Peterson, President of the Black Hammock Association, dated October 23, 2007, thanking the County for sending Commissioner Bob Dallari to their general membership meeting to explain the County’s position with regard to policies for the urban boundary and the Black Hammock. 

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     Chairman Henley recommended the Board approve $25,000 for Seminole County’s support of the Regional Commission on Homelessness.  He advised Mayor Buddy Dyer has put this request in writing. 

     Upon inquiry by Commissioner Carey, Dr. David Medley advised he believes that there will be a recommendation for a permanent committee to look at the homeless situation regionally. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to authorize the expenditure of $25,000 out of the Contingency Fund for Seminole County’s support of the Regional Commission on Homelessness; and, adopt Budget Amendment Resolution #2007-R-198, as shown on page ________. 

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

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     Chairman Henley acknowledged closeout checks totaling $1,846,950.91 from Sheriff Eslinger for his FY 2006/07 Budget.  He expressed his appreciation to the Sheriff, advising this money will go back into the General Fund.  Copy of Memorandum from Chief Penny Fleming dated October 22, 2007 regarding same was received and filed.   

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     The Chairman recessed the meeting at 10:42 a.m., reconvening at 1:30 p.m. with all Commissioners and all Other Officials with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOF OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to accept the proofs of publication for today’s scheduled public hearings into the Record.

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

PUBLIC HEARINGS

BELLA WOODS REZONE FROM A-1

TO PUD/LARRY W. HODGES

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning approximately 3.34+/- acres located on the north side of Dike Road, approximately 900 feet east of the intersection of Tuskawilla Road and Dike Road, from A-1 (Agriculture) to PUD (Planned Unit Development); Larry W. Hodges, received and filed.

     Austin Watkins, Senior Planner, addressed the Board to present the request, stating the Planning and Zoning (P&Z) Commission met on September 5, 2007, and voted 5 to 1 to recommend denial of the request to rezone.  Staff is recommending approval of the request to rezone and approval of the Preliminary Master Plan and Development Order.

     George Garrett, 200 E. Robinson Street, Project Engineer, addressed the Board to state the proposed density is 2.59 lots per acre which fits into the Future Land Use Plan that allows up to four units per acre.  He said the gross acreage for Tiffany Woods to the south is 2.75 units per acre; to the west, 11 homes have gross acreage at 3.24 units per acre.  He responded to concerns from the P&Z meeting.  Regarding the use of septic tanks, he said they are on public water, but are proposing septic tanks due to the distance to public sewer.  A concern was that the wells of the current homeowners are located within 50’ of the proposed development’s property lines.  He said their septic tanks will be located in the front yards almost at the center of the property with the street located on the west side.  He doesn’t think the 75’ yard setback required will be a problem for the adjacent private wells.  He stated they are proposing a private road and a private retention pond that complies with the 25% open space.  He advised they are willing to repave and widen Dike Road.  He thinks the south side will be improved for drainage by widening the existing swale and providing extra storage.  Also, DRC (Development Review Committee) has required they provide the additional impervious surface created by paving Dike Road within their stormwater pond.  They have also complied with donating 15’ of right-of-way and a sidewalk on their property.  There is a possibility they may have to make some signal improvements on Dike Road at Tuskawilla Road. 

     Chairman Henley advised of receipt of one Written Comment Form from Martha Cannon in opposition.

     Ian Phillips, 10048 Ian Street, speaking for himself and representing Dike Road residents, addressed the Board to state the Dike Road area is a unique neighborhood and it is distinct.  He showed an aerial map (received and filed) and said the proposed development is compared to Tiffany Woods and Stonehurst off Tuskawilla Road; however, looking at the perimeter, 40% on the east is directly adjacent to agricultural lands; 40% on the west is adjacent to trailer lots and next to that is Tuskawilla Middle School.  To the south, 10% of the perimeter is on Dike Road.  If you look at the development along Dike Road, the setbacks with the properties are 75’ to 100’.  This development will put the sides of the houses right up against Dike Road, and that will be inconsistent with the rest of the properties along Dike Road and they object to that.  He showed a topographic map of the area and stated all the area up to his lot (Lot 12) contributes to the water flow into the wetlands and contributes to retaining the water that doesn’t immediately flow into the wetlands.  They have seen, with some development along Dike Road, that a small portion of the Dike Road hard surface causes a significant inflow of sand and water onto his property.  Because 40% to 60% of the development will end up as hard surface, he is concerned with where all that water is going to go.  All the property owners downhill to the east side are concerned about this situation.  They are also concerned with the potential conflicts in terms of lifestyles and attitudes when you have people coming in when there are homeowner associations and low density residential having expectations of a certain lifestyle and being located next to agricultural land and the school zone.  This is a situation that is going to cause conflict over the years.  He said this development might make sense if all the property along Dike Road were to be developed into low density residential, but he pointed out that there is no indication of that.  He said what they would like to see is a development more in keeping with the style of the Dike Road community with less density and a lot less hard surface.  He reviewed the history of developments that have caused water problems for the downstream neighbors.  They feel this development is not in keeping with the style of the existing community and would like to see something more consistent with what is there. 

     Tracie Blakey, 1650 Brooks Lane, addressed the Board to state she owns the adjoining 25 acres to Lot 12.  She referred to the topographic map and said she has agricultural.  She said she also agrees that the infrastructure does not support the density the applicant is requesting.  She stated all the power down the road runs down from one single line.  She said Dike Road is a little better than a dirt road and it is full of trees.  Most of the other property is covered all with trees and the majority there is farm animals.  The surrounding lots are currently with one-acre homes.  She said there are three individuals who actually own the trailer homes on the seven lots.  She said the seven septic tanks on three and three quarter acres are a concern when everyone surrounding them drinks from the well.  The drainage and sewage are not really a zoning issue, but they have the potential to hurt the County in the way of continued problems, which could result in lawsuits.  She displayed a picture (received and filed) showing trees, brush growth and a drainage pond in the back of her property that drains directly from where the proposed drainage pond will go for the development.  This drains directly into Stonehurst drainage pond.  This has caused another wetland on the back of her property.  She said the people building next to her are currently having drainage problems.  She said as far as a PUD, there is no common area to preserve all the property; it’s all just trees and there are no wetlands currently.  She believes a PUD is just proposed so they can fit a higher density of houses in a smaller area.  She said R-1AAA would allow about the same but would require a wider lot, which she thinks would be fine.  She said it does concern her that she would have farm animals up against seven homes, tightly fit within 75’ of property lines, with potential children and the only thing protecting her and the children would be the barbed wire.  There is the potential for her or her animals to become a nuisance or hurt someone scares her.

     Jody Lazarus, 4736 Dike Road, addressed the Board to discuss non-conformity of the area, specifically to the east and west sides of the property.  She referred to the maps and said there is a school abutting the property line and there are two schools within approximately five miles--Tuskawilla Middle and Lake Howell High.  She said on the property behind the schools, the A-1 zoning has been preserved.  The affluent Tuskawilla Montessori School would abut the seven homes in a rezone and she doesn’t think that is conformity.  She said all the homes on Dike Road face the road, but this would put the side of a home on Dike without the proper setback all the other homes have.  This is also nonconformity.  Additionally, this is Pre-K and little children living off three wells; and this would be putting in seven septic tanks in an area where all those septic tanks are bigger than any one of their drain fields and proposing bigger homes of 2100 square feet.  She showed a picture (received and filed) of her driveway lining the road and pointed out the proximity of the back of the homes to the bulls and cows.  She asked those in opposition to stand and approximately 13 persons stood in the audience.  She said development is needed, but what is before the Board is not the appropriate thing.

     Greg Fenton, 300 N. Lake Sybelia Drive, representing Stonehurst Development Corporation, addressed the Board to state they developed Stonehurst which is located to the north of this site.  He showed a picture (received and filed) of the entrance to the development.  He referred to the aerial and said they are in favor of smart development in Seminole County and for this particular area.  They have some concerns that the approach being taken on this project may need a second look.  He said they don’t feel the proposed plan meets the test of smart development.  He said approving the current plan would land-lock four adjacent parcels and make their redevelopment highly unlikely.  He showed a map (received and filed) of the sites and pictures (received and filed) of trailers located on the sites.  He said these lots are currently substandard and there is no right-of-way public road access.  If there were to be a right-of-way created along the strip of those lots, it would force the lots down to a size that would not be in compliance with development standards.  He requested the Board to require the applicant to extend the cul-de-sac up further so that it does not block access for these lots.  He said he is not suggesting the developer bear the burden of connecting these other lots but they think there may be some creative ways through the covenants and restrictions for the developer to accommodate bringing these other lots on.  He said a number of speakers brought up the issue of stormwater management in this area, and they have significant experience and investment in dealing with stormwater in the area.  He asked if the County would look carefully at this item to avoid the blockage of the current offsite water flow from the developed property. 

     Commissioner Carey discussed with Mr. Fenton his suggestion and why Stonehurst did not give access to the properties on the north.  She said she doesn’t believe it is the responsibility of the landowner to give access to someone else’s property when they have access through the entitled easement on the west side of their property all the way down. 

     Sharon Moore, 1665 Bothin Lane, addressed the Board to state she lives in the first trailer next to the subject property and has been there for 11 years.  She said living there is like being in the country in the city.  Everybody is friendly and gets along.  The main thing is putting these big houses next to them.  There is going to be a confrontation later on.  There is going to be a road going in later and there won’t be a wall or fence.  When they build next to her fence lines, she will have water problems.  She agrees with everyone else that lives on Dike Road that this housing is too much for the area they live in now.  Once those houses get there, if there is no fence or wall, they will have children coming over.  The next thing, they will have the police and lawsuits, etc.  Regarding the sewage, that’s too close to their wells also.  The applicant said they were trying to get each house to have its own septic tank.  She said their trailers have been grandfathered in years ago.  If the County is going to rezone that one piece of property, they can’t expect to have a septic tank and house in the same way as the trailer and septic tank.  These are two totally different zoned areas.  She advised Commissioner Carey that three other people live in the trailers in back of her.  To her knowledge they are all rental trailers.

     Jack Sedlak, 4649 Tiffany Woods Circle, addressed the Board to state their concern in the Tiffany Woods subdivision is that there is significant investment by the County to improve the drainage system that goes down through their properties.  If this project were to move forward, they are asking that the developer be responsible for the runoff from the road they would have to put in.  He said the people who live in back of them are good neighbors.  They like the fact that there is agricultural behind them.  He stated he feels this project doesn’t fit into the flow of the area and doesn’t meld with the properties already there. 

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     Upon inquiry by Commissioner Carey, Mr. Watkins reviewed the square footage of the lots in R-1A, R-1AA and R-1AAA.  He confirmed that the lots (R-1A, approximately 9,000 square feet) in Tiffany Oaks are smaller than what’s being proposed.  Stonehurst is R-1AAA, 13,700 square feet.  He also discussed the scenario if someone wanted to build a home on the lots to the west of the trailers; and how people to the east of the property would be able to build their homes. 

     Commissioner Carey questioned if there has been an easement of use for a number of years, does that become a legal access point.

     Mr. McMillan stated he would have to look at the particular instance in each parcel and determine what the facts were.  He would have to review what the code requires at a particular time.

     Commissioner Carey asked County Engineer Jerry McCollum if the County would typically ask a private land owner to deal with stormwater off a County road. 

     Mr. McCollum stated that can happen in certain cases; for example, if there is a limited right-of-way and some improvements are being done on the road like turn lanes and there is no room in the County right-of-way to accommodate that, the developer would have to accept the stormwater. 

     District Commissioner Dallari stated in looking at the zoning plan and future zoning plan of this site, the existing site is A-1 to the east and R-1AAA to the north.  He always likes to see transition areas from the most dense to the least dense areas.  Looking at the property to the east, it is in its final development stage.  Looking at the lot size compatibility analysis, that calculation came up with R-1AAA.  For that reason, he feels there are too many lots on this one piece of property.

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to deny the request to rezone 3.34+/- acres, located on the north side of Dike Road, approximately 900 feet east of the intersection of Tuskawilla Road and Dike Road, from A-1 (Agriculture) to PUD (Planned Unit Development), as described in the proof of publication, Larry W. Hodges; and authorize the Chairman to execute the Denial Development Order, as shown on page _______.

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

BOUGAINVILLEA CLINIQUE REZONE AND

SMALL SCALE LAND USE AMENDMENT

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance for a Small Scale Future Land Use Amendment from LDR (Low Density Residential) to OFF (Office) and a rezone from R-1AA (Single Family Residential) to OP (Office) on 2.5+/- acres, located on the northeast corner of the intersection of SR 426 and Bear Gully Road; Dr. Jeffrey Hartog, received and filed.

     Ian Sikonia, Senior Planner, addressed the Board to present the request, stating the staff received two letters in opposition regarding compatibility issues with the residents to the rear of the subject property.  He said staff is recommending approval of the land use amendment and rezoning.  The P&Z Commission met on September 5, 2007, and voted 5 to 1 to recommend approval of the Small Scale Land Use amendment, the requested rezoning and the Development Order, subject to the condition that the rear buffer shall contain the minimum of 8 canopy trees and minimum of 4 inches in diameter, per 100 linear feet.

     Chad Linn, Engineer with Kimley-Horn, 3660 Brevard Boulevard, representing the applicant, addressed the Board to state they don’t mind upsizing the trees as provided, but doubling the amount of the trees along the buffer is not going to work because once the trees grow together, they are going to kill each other off. 

     Chairman Henley advised of a letter (copy received and filed) received in opposition from Dr. Peter Lemieux.

     Christine Lemieux, 5309 Cypress Reserve Place, addressed the Board to state she lives directly behind the clinic and she is asking for the trees.  She said she is most impacted by the expansion because she lives 50 feet from the clinic.  They will be 25 feet from her property line and she will be losing some privacy and some property value.  She requested that as the applicant develops his property, they leave the existing trees against the retaining wall that separates their property and the Board adopt the P&Z’s recommendation for the 8 canopy trees.  She said her bottom line is she wants as much camouflage between her property and the clinic.

     Commissioner Dallari explained that one of the problems of putting in too many trees is that as they start to mature, they will choke each other out. 

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Commissioner Carey discussed that in the past, when residential comes in after an office area is established, the Board has made the residential do the setback.

     Tina Williamson, Assistant Planning Manager, stated there is a provision in the Code that requires that.  In this case, she is not sure if the zoning took place after the office professional.  She thinks the zoning and land use for residential were in place prior to the office coming in.

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to adopt Ordinance #2007-39, as shown on page _______, approving a Small Scale Future Land use Amendment from LDR (Low Density Residential) to OFF (Office) and adopt Ordinance #2007-40, as shown on page _______, approving to rezone from R-1AA (Single Family Residential) to OP (Office) 2.5+/- acres, located on the northeast corner of the intersection of SR 426 and Bear Gully Road; as described in the proof of publication, Dr. Jeffrey Hartog, based on staff findings; and approval of the Development Order, as shown on page _______, amended to add the voluntary commitment of the applicant to increase the caliber size of the canopy trees to 4” in diameter; as described in the proof of publication.

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

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     Chairman Henley recessed the meeting at 2:37 p.m. and reconvened it at 2:48 p.m.

PROPOSED REVISIONS TO SCHOOL IMPACT FEES

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance amending the Land Development Code of Seminole County to revise School Impact Fees consistent with the Comprehensive Plan, received and filed.

     Dori DeBord, Planning & Development Manager, addressed the Board to state this item has been before the P&Z Commission and today, staff is asking for direction from the Board on the school impact fees. 

     Barry Gainer, Chairman, Seminole County School Board, 400 E. Lake Mary Boulevard, addressed the Board to state they formed the Seminole County Educational Service Advisory Committee approximately two years ago to study their funding needs.  The Committee recommended they have a two-prong approach to their funding to increase the impact fees to pay for growth-related needs and have a half penny sales tax.  He introduced others in attendance to give support and speak on behalf of the School Board.

     Larry Strickler, 1687 Kingston Road, addressed the Board to state as the Board goes through this process, do not forget why most people in Seminole County, who were not born here, may have moved here.  He explained he moved to Seminole County because of the schools.  He said if they look at the Orlando Sentinel today, they can see that what Seminole County is asking for, compared with the other counties around, is very low.  He thinks the increase will allow them to do what the impacts were intended to do--that is, let growth pay for itself.  He said he supports this as a private citizen and hopes the Board will too.

     Superintendent Bill Vogel, Seminole County Public Schools, addressed the Board to comment on accountability, stating Seminole County schools rate at the top or near the top.  He said statewide, 97% of the schools are “A” and “B” schools, and the district has been an “A” school district every year in the accountability system.  He noted that the cities of Lake Mary and Winter Springs were rated “A” in the Money Magazine article.  He said the increased impact fee will show the voters that growth will at least contribute to some part of the impact it brings.

     George Kosmac, Deputy Superintendent, addressed the Board to give a PowerPoint (copy received and filed) presentation covering the following topics:  Introductions, Impact Fee - Overview of Changes; Fee Calculation; Enrollment; Revenue Sources; Review of Updates to Study; and Proposed Fees.

     Commissioner Van Der Weide congratulated the School Board and County Commission for being very conservative with the expenditures of money throughout the last 15 years to accomplish what they have done to have the quality schools they have and to do it with the lowest impact fee around. 

     Commissioner Carey asked if there is some reason which enrollment is not used in the calculation of the impact fees.

     Carson Byce (Phonetic), Consultant, addressed the Board to state the current enrollment is used in the calculation in order to determine the level of service standards in terms of square footage per student.  The future enrollment is not used in the calculation of the student station cost, but is used in the forecast of the future revenue stream which is discounted to a net present value to get the credits. 

     Commissioner Carey continued discussions of the enrollment numbers, the two mills set by the Legislature, what the School Board’s plan is for the long-term, and transfer fees.

     Dr. Vogel distributed information (received and filed) on transfer fees and said the School Board is prepared to jointly work towards that end if that is a priority of the County Commissioners.

     Scott Stegall, School Board, addressed the Board to answer the question by Chairman Henley regarding the design specs for building schools.  He said the cost per square footage, compared to what they were building schools for in the 1990’s, is within the same range.  He said the design specs do not have any impact on the cost for construction.  Discussion ensued.

     Tom Kuhn, President of the Private Business Association of Seminole (PBAS), 183 Paul McClure Street, addressed the Board to state that Dr. Vogel and his team made a shorter presentation this morning at their Issues Committee meeting; and the Committee voted and everyone in attendance was in support of the School Board.

     Tom O’Hanlon, 827 Division Street, speaking on behalf of himself and the Jackson Heights Middle School Advisory Council, addressed the Board to state he has lived in Seminole County for 25 years and does not want to pay virtually all the costs of growth-related new schools with his taxes.  He thinks growth should pay its fair share.  He said the request from the School Board is basically to raise the school impact fees to be based on today’s costs.  He stated he saw the letter from the Home Builders Association (HBA) and they have their interests which do not necessarily align with taxpayer interests.  He said their School Advisory Council is very concerned that the major improvements to their existing school have been delayed twice because of the lack of funds.  There is a lack of funds because available funds are used to build new growth-related schools; therefore, there is little money left over to upgrade the existing schools.  A yes vote today to correct the cost base from 1992 to 2007 can go a long way to alleviate this problem.

     Ruth Jason-Polk, 579 Napoleon Lane, Chairman of the Business Advisory Board, addressed the Board to state they have been presented today with good data to make good business decisions.  She said the School Board didn’t just throw this together, but they hired a consultant who said instead of asking for $5,000, they should be asking for $7,000.  The numbers today show they should be asking for $7,000.  The School Board has been responsible and considerate.  She said the cost of everything has gone up.  She stated the Business Advisory Board is in total support of this recommendation. 

     Sandy Robinson, Seminole County School Board member, 280 Evansdale Road, addressed the Board to state she feels the best thing the School District has done for the BCC is to be one of the engines driving economic development in Seminole County.  Good schools increase property values, recruit new employers and high quality jobs, and provide quality workers for the businesses they are attracting.  Providing good schools with up-to-date technology, safe and modern classrooms, and sufficient classrooms to meet the Class Size Amendment are necessary to maintain Seminole County’s strong economy in the face of increasing competition for business location and development.  She said enrollment does not affect impact fees, but impact fees are a way for local government to require new residential units and developments to prepay a proportionate share of the additional school infrastructure costs.  If there is no development, there is no impact fee.  Enrollment is not tied to that and is not affected by that.  She said the two mill money is maxed out.  The School Board is levying everything they can by law; 74% of that is coming from property taxes, and now the Legislators are debating the fate of property taxes.  The COPS (Certificates of Participation) money is less than 1%.  The penny sales tax is 12% and the impact fee is 4%.  They feel, as a school district, that it is important to use a combination of funding sources and not rely on just one or two.  They are exhausting all options for revenue sources.  She said the State Association is behind mortgage transfer fees, and they are also asking the Legislators to look at other ways to identify specific funding sources for school construction.  The additional income from increased school impact fees will work to provide additional relief to satisfy school concurrency and provide for provision of future capacity directly related to new development.  She said they believe it is fair and appropriate for the fees to be updated to reflect current costs and consideration reflected in the 2007 fee study provided to the BCC.  She asked the Board to approve this today so that the School Board can continue to maintain their excellent reputation.

     Commissioner Carey stated the County has had the highest growth it has ever seen in the last two years and yet the school enrollment is declining, so they can’t say it’s all because of new growth and that’s why she thinks the transfer fee is a much more fair component than putting it all on the backs of new growth.  This points out that it’s not everybody buying a new house, that’s having to pay the impact fee, who is affecting the schools.

     Commissioner Van Der Weide stated the Board is not confused but are trying to make an intelligent decision based on “shifting sand.”  The BCC is under tremendous pressure by the taxing authority in Tallahassee and have issues to deal with that affect the local revenue at a considerable amount.  He explained how the impact fee will go through the system and increase the assessed value of a neighbor’s home as well and also his taxes, and that is exactly the opposite of what Tallahassee is working on now.  These things are critical and the Board is trying to weigh all its options.  Discussion continued.

     Chairman Henley said it is important to know that what they’re doing does have an affect on a lot of citizens.  The HBA testified recently that for every $1,000 of impact fees they increase, they disenfranchise 968 citizens from being able to qualify for a loan.

     Commissioner McLean stated he wants to clarify the difference between what they are discussing with transfer fees and impact fees.  He thinks the concept of transfer fees holds great promise, but that is out of the Board’s control.  That’s part of a process and it takes time to move through that process.  What they are talking about with impact fees is a “here and now” item.  With transfer fees, that’s in the future, the BCC can’t control it and it’s a “could be” rather than a “can be.”

     Attorney Jim Burn, 1828 W. Barton Street, addressed the Board to state he was on the PBAS Committee that had the opportunity to evaluate the various options available for additional funding to the School Board.  He came away with a very firm commitment that the Board and education process in Seminole County greatly needs the increase to the impact fee.  He urged them to very conscientiously evaluate the options and vote yes to the requested increase in the impact fee.

     Deborah Turner, 3527 Acre Court, addressed the Board to state she is also a member of the Business Advisory Board and wants to share her understanding and plead for approval of this request.  She said she understands they are looking at 1992 costs to continue to support future advancement.  The numbers presented today far exceed what the reserve is able to provide.  They are talking about a decision that is going to have impact into the future.  She said it’s true the School Board is operating with fiscal responsibility, but they are shifting dollars to make things happen; and when they continue to do that, at some time there is going to be a stopping point.  The decision is what they are going to do today to reserve monies to start building resources so that when the need comes in the future, they will not be at a beginning point.  The plea today is to stop bleeding the other schools that are suffering because there is not enough dollars to support the new growth that’s coming in.

     Commissioner Carey advised they can’t use impact fees to fix a deficit situation.  They are all in this together and will have to think outside the box as they go forward.  They can’t keep building high schools on 60 acres, one, two and three stories, but must think about going upward and compacting.  Those discussions haven’t taken place.  She said there are a lot of things they can all do to help move this process along.  They are all proud of the schools and want to continue to have good schools, but there are other things that create quality of life in the County besides the schools.  She said she is not opposed to talking about increasing the impact fees, but they need to have the accurate information before them and the public as they make this decision.

     Chairman Henley stated it needs to be pointed out to the public that this impact fee increase will not solve the School Board’s problem and won’t have a tremendous impact upon meeting the needs of the school system.  The question is going to be if the people are going to accept the impact fee increase and the sales tax on top of that because it’s going contrary to what the Legislature is attempting to do.  He also said they can’t keep building schools when they have student stations vacant at another school.  It will be required for them to balance those things out before building a new school.

     Commissioner McLean stated another challenge the Board has is the concept of affordable housing and the pass-through of whatever they come up with into the total housing pricing and how that works in the marketplace.  He said already the marketplace is depressed and they don’t know where that’s going to go, and is this going to make a bad situation worse.  He asked Mr. McMillan if there is any way to define affordable housing and assign a reduced amount of impact fees.

     Commissioner Van Der Weide left the meeting room at this time.

     Mr. McMillan said no; if they are going to have a defensible impact fee, it must be assessed based on only impact.  Some of these have been handled in the past by setting up special funds to pay impact fees on behalf of certain projects.  Some have used CDBG funds or economic development funds.

     Commissioner Carey said a way to look at this may be to look at the number of bedrooms being constructed.

     Mr. McMillan said if the data supports it, he doesn’t know why they can’t do it that way.

     Upon inquiry by Commissioner Dallari, Mr. Kosmac clarified that the School Board takes some of the capital money and use it for operating expenses, and they can do that.  They are taking away from the two mill money and using it for maintenance expenses.

     Commissioner Van Der Weide returned to the meeting room at this time.

     Mr. Kosmac showed the 1992 Ordinance provision on rebates for low-income housing and said the BCC may authorize and establish a procedure for administering the rebates of impact fees for low and very low income housing.  If the Board would like to partner on a project to do that and look at how they could possibly mitigate the impact, he is sure the School Board would join in that.  He said the School Board would be happy to participate in funding some parameters that would go into the resolution. 

     Chairman Henley said if that is something they would want to include, staff would have to work out the details and come back on that.

     Frankie Elliott, 1330 Lee Road, speaking on behalf of the Orlando Regional Realtor Association, addressed the Board to state Orange County uses SHIP funds to help offset affordable housing impact fees.  She stated two members of their association participated in the Task Force with the School Board, and they appreciated being asked to participate.  Both members were impressed, and were in support of the motion from the Task Force to come to the Board.  In the past, she doesn’t believe their Association has ever opposed an impact fee for schools.  Last month in September was the first time in over 12 years that less than 1,000 homes sold or closed in Seminole County.  Their Association Board’s point was that any additional amount of money you add to the cost of a house is going to prevent someone from buying a house.  The other issue is that no one knows what is going to happen in Tallahassee.  Also, you can’t collect impact fees with the hope of taking care of the needs you may have in five or ten years.  She said it doesn’t make sense now to add a cost to the house while enrollment is declining.  She thinks the point has been made that they have to look at things differently.  If rezoning is the answer, maybe they have to do that for two or three years to get through this and get the market to the point where the transfer of properties continues and the market improves.  She thinks anything you add that complicates the market just slows down the recovery that much more.  She said they are not happy about not being able to support the School Board at this point.  She asked that they address this issue at a later date.

     Commissioner Carey stated she hopes the Board of Realtors would strongly consider supporting transfer fees if they take away the impact fees in the process.

     Ms. Elliott said she thinks it’s a much easier sell for the transfer fee to be a flat dollar amount than a percentage amount.  Also, she thinks any time you give the State additional responsibility to collect money and be responsible to dole it back to local governments, the realtors would have a very difficult time supporting that because they have seen what happened with the Affordable Housing Trust Fund.  The other issue is they would have to repeal all impact fees. 

     Mr. Kosmac summarized that construction is not going to stop and they need to prepare themselves and update the costs from 1992 to 2007.  He thinks they have worked the numbers two or three times and believe they are down now to the number that is reasonable.  He asked for the Board’s support.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Chairman Henley recessed the meeting at 4:35 p.m. and reconvened it at 4:44 p.m. with all Commissioners in attendance with the exception of Commissioner Van Der Weide.

     Commissioner McLean thanked the School Board for the presentation, stating it was much more precise to help them understand what the challenges are and what the opportunities may be.

     Commissioner Van Der Weide reentered the meeting room at this time.

     Commissioner McLean summarized points from the discussion.  He said the BCC is going to need partnerships on two things:  upcoming infrastructure tax and the transfer fee.  There were discussions about affordable housing and there may be some arenas they can look at together regarding that.  He said it’s not the best time to do this with the market changes.  He thinks they can safely conclude, based on historical data, that the market will come back.  He thinks the idea of transition fees might make sense.  He said, perhaps, transition to a fee structure of $3,000 next year or the year after and get to the $5,068 figure. 

     Commissioner Dallari said the impact fees have not been changed since 1992 and, in his opinion, it’s a “no brainer” that they need to be adjusted; but the question is to what. 

     Upon request by Commissioner Dallari, Ms. DeBord stated staff looked at an escalating scale over the last 15 years using the construction materials pricing index from the current status of the impact fees today to where they would be based on that. 

     Tom Tomlin, Planner, addressed the Board to discuss the methodology and some of the issues with the Construction Materials Pricing Index (copy received and filed). 

     Scott Stegall, School Board, addressed the Board to state labor is included in the cost of the impact fees.  He said the ordinance is set up that way, so it is not just the cost of materials.  Discussion ensued.

     Commissioner Dallari stated the prices since 1992 did go up considerably in land cost alone, so something needs to happen.  He said he would like to discuss the rebate program on affordable housing and try to get a partnership with the School Board on that. 

     Mr. Kosmac said he believes they could work together with their staffs and come together with a plan to find a way to build a resolution and supplement any discount or credit they get for low-income housing and credit that from the SHIP program or from internal capital funds of the school district, and any funds at the Commission level. 

     Commissioner Dallari said the problem with SHIP funds is that takes away money from other projects and other institutions that need the funding.

     Ms. Coto stated the SHIP fund also has income eligibility criteria that everyone would have to meet, so she is not sure that is the fix.

     Mr. Kosmac said he is sure Mr. Bill Newman would be happy to work with them also.

     Commissioner Carey stated she is not interested in supporting the request by the School Board, but she is interested in a minor adjustment with some type escalator, if they can’t get anything else done; and if they have some resolution on how to help offset the impact fee costs to affordable housing. 

     Commissioner Van Der Weide stated they can also make it a multiple tier increase without tying it to any percentage or cost of living or indexing of anything.

     Commissioner Dallari stated he would not like to see a tier approach.  He said they can try to slice this in many different ways, but at the end of the day, they need to move forward with this.  He would like to see them enact this today and move forward and then try to move forward to have some type of rebate for the low-income affordable housing. 

     Commissioner Henley surrendered the gavel to Vice Chairman Carey in order to offer a motion.

     Commissioner Henley stated he thinks they need to deal with what the School Board has proposed, voting it either up or down.

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt Ordinance #2007-41, as shown on page _______, amending Ordinance #92-14 to set the Seminole County, Florida school impact fees at the following revised amounts:  $5,000 per Single Family Detached dwelling unit; $2,450 per Town Home dwelling unit; $2,100 per Multi-family dwelling unit; and $1,924 per Mobile Home dwelling unit, with the addition that the County Commission and School Board work together on the workforce housing to determine how that should be implemented; and this be effective 90 days after Board approval; as described in the proof of publication.

     Under discussion, Commissioner Carey asked if the motion is subject to the Board coming up with an agreeable resolution to deal with affordable housing, because if not, she is not going to support the motion.

     Commissioner Henley stated the motion opens it up to negotiate what that would be because that’s provided in the existing ordinance for the Board to implement whatever they agree upon.

     Mr. McMillan clarified the Board can’t adopt the ordinance contingent upon reaching some future agreements.

     Commissioner Van Der Weide stated he wouldn’t be supporting the motion if it were not for the fact that he believes there has been a tremendous amount of work that has gone into this.  The important thing is that, all being said, Seminole County is still going to have the lowest impact fees of just about every county in the State.  He said he will be supporting the motion.

     Commissioner McLean said due to the unusual market conditions, he would like the Board to consider a transitional approach to move into this.

     Commissioner Carey stated she agrees.  She has a little problem because the Superintendent of Schools has approached them with a lower number in a tiered approach, and she thinks there is a better solution than just impact fees.

     Commissioner Dallari stated the reason he is going for the full impact fee instead of the tiered approach is mainly because it will take the new projects several months and it will take some time to do the tiered approach.  He thinks it will be more of a disservice in the long run; and that’s why he would rather see the whole thing.  The other reason is that the School Board’s consultants have done their homework over the past two years, and the Board and County staff have challenged them.  He thinks they have come to a reasonable number, and it should have been $7,000, but the School Board cut it even more, so he thinks the School Board has done the tier approach.  He has no problem supporting the motion and thinks it is advantageous that the Board in good faith go into this and work with the School Board to try to do the rebate for the affordable workforce housing.

     Commissioner Carey said to her, they have a lot of quality of life issues, and home ownership is the American dream and is a part of the quality of this community and by doing impact fees to this level, she believes is a disservice, without knowing how they are going to solve that problem.  She will not be supporting the motion because of that.  She thinks the tiered approach made a little more sense.

     Commissioner Henley said this won’t take effect until February 1, 2008, so they have quite a bit of time to see how things are going to work out.  The tiered approach might help a few people now, but it’s not going to be significant over that period of time unless it is tiered over a long number of years; and he would not be in favor of that.  He stated he will be supporting the motion with the clarification of implementation, as they have time to work out the arrangements with the School Board by February 1.

     Districts 1, 3, and 4 voted AYE.

     Commissioners Carey and McLean voted NAY.

     Vice Chairman Carey returned the gavel to Commissioner Henley to assume the duties of Chairman.

RESOLUTION/VACATE AND

ABANDONMENT/A. DUDA & SONS, INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution vacating and abandoning unnamed platted rights-of-way containing a combined area of 3.357 acres lying adjacent to and south of Lots 22 and 123; lying adjacent to and north of Lot 125; lying adjacent to and east of Lots 129 and 130; lying adjacent to and south of Lots 132 and 133; lying adjacent to and north of Lots 134 and 135; and lying adjacent to and west of Lots 135 and 136; all in the Plat of Slavia Colony Company’s Subdivision, as recorded in Plat Book 2, Page 71, Public Records of Seminole County, Florida; less that portion of the aforesaid unnamed rights-of-way lying west of the easterly right-of-way line of SR 426 (Aloma Avenue); further described as Mitchell Hammock Road, in Section 16, Township 21 S, Range 31 E, A. Duda & Sons, Inc., received and filed.

     Cynthia Sweet, Development Review, addressed the Board to state staff has no objections to the vacate and abandonment of the subject rights-of-way and recommends Board adoption of the Resolution, subject to the applicant voluntarily dedicating drainage and access easements over the existing ditches and the Lightwood-Knot Canal.

     Pete Coulter (phonetic), Engineering Manager for A. Duda & Sons, addressed the Board to state the speaker following him has brought to his attention some concerns over access to his property.  He thanked the staff for working with them and working out the details.  He said this driveway, Duda Trail, is a private driveway and is gated off.  It’s been that way for approximately 15 years, and the remaining rights-of-way in their sod fields contain 15’ to 20’ wide ditches that provide drainage for areas coming out of the city and into the Lightwood-Knot Canal and conveying stormwater to Lake Jesup.

     Anas Iqbal, 2923 El Prado Boulevard, contract purchaser to buy the subject land, addressed the Board to state he is in the process of developing the site with some retail.  He identified the site on the map.  He said they have some flood plain issues and will dig and have compensating storage; and will take the fill and move it up to the northern site.  They had planned to use the Duda Trail during the construction to transfer the fill.  He explained all they need is a construction easement.  He said he doesn’t want to hold up Mr. Coulter in his development and if they can have some kind of condition on the abandonment, that would be fine.  He advised Chairman Henley that they are waiting on a watershed study to come from the St. Johns River Water Management District and that could take two to three years.

     John Baumgardner, 13816 Cellda Avenue, addressed the Board to state he agrees with the comments by Mr. Iqbal.

     Commissioner Carey asked couldn’t a construction easement be given until such time as the C.O. (Certificate of Occupancy) is given on the development and then it would expire.

     Mr. McMillan said it’s up to the applicant if he is willing to commit to provide construction access along Duda Trail and provide the access easement. 

     Mr. Coulter stated it’s a question of timing and much complication.  They are willing to work with Mr. Baumgardner.

     Commissioner Dallari advised if Mr. Coulter is not comfortable with making the decision now, the Board can continue this hearing and come back at a later date.

     Mr. Coulter said they worked through a number of issues where they were providing alternate access through the sod field and remaining existing rights-of-way they are not requesting to vacate.  He said there is limited physical access to this piece of property.  He pointed out on the map the subject property and surrounding areas.  He explained all the areas are unmaintained by the County and each way you go, there are physical obstacles where culverts would have to be added, a curb cut added, or a road developed.  He said there are alternates he is willing to work on with Mr. Baumgardner, but they don’t have the details today.  He stated Mr. Baumgardner owns property out to Mitchell Hammock Road and he could bridge the Lightwood-Knot Canal, even if on a temporary basis. 

     Upon inquiry by Commissioner Dallari on what is the requirement for access to a piece of property, Mr. McMillan stated if you vacate access to a piece of property, there is a taking involved.  You can’t vacate the only access to someone’s property.  He discussed that it appears that Mr. Baumgardner owns two parcels.

     Mr. Iqbal pointed to an access and said it is now all muck and they might lose a truck; so that is not an option.  He believes bridging the canal rather than using another access would be five times the cost.  He said if they can get a construction easement up to the point where Mr. Coulter gets his C.O. that might be reasonable.  He explained to Chairman Henley that once he begins construction, he would go in off Mitchell Hammock Road.

     Commissioner Carey discussed with Mr. Coulter what his intentions are.  He advised he has a development conceptually approved by the city of Oviedo that would cut off the access.

     Mr. Iqbal stated if Duda is willing to table this hearing for two weeks, they can talk to them and see if they can come up with a solution.

     Mr. Coulter said he thinks two weeks would be acceptable.

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to continue to November 13, 2007, the request to consider adoption of a Resolution vacating and abandoning unnamed platted rights-of-way containing a combined area of 3.357 acres lying adjacent to and south of Lots 22 and 123; lying adjacent to and north of Lot 125; lying adjacent to and east of Lots 129 and 130; lying adjacent to and south of Lots 132 and 133; lying adjacent to and north of Lots 134 and 135; and lying adjacent to and west of Lots 135 and 136; all in the Plat of Slavia Colony Company’s Subdivision, as recorded in Plat Book 2, Page 71, Public Records of Seminole County, Florida; less that portion of the aforesaid unnamed rights-of-way lying west of the easterly right-of-way line of SR 426 (Aloma Avenue); further described as Mitchell Hammock Road, in Section 16, Township 21 S, Range 31 E; as described in the proof of publication, A. Duda & Sons, Inc.

     Under discussion, Commissioner Dallari said he hopes both parties will look diligently to solve this instead of being at a stalemate.

     Commissioner Carey said her problem is that Mr. Coulter is requesting to vacate only on their portion of the land and the other party has access from another location.

     Mr. Coulter noted that there were a couple typographical corrections to be made also.

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

     Commissioner Carey voted NAY.

     Commissioner Dallari stated the applicant gave him some scrivener errors; and he wants Mr. McMillan to review and report back to him by the next meeting on those.

LEGISLATIVE UPDATE

     Lisa Spriggs, Fiscal Services Director, addressed the Board to present an update of the legislative program and activities, including proposals being discussed as part of the Special Session 2007D on Property Tax Reform. 

     Ms. Spriggs reminded the Board that the Legislative Delegation meeting for tomorrow has been cancelled.  She stated that SB 24-C was passed that permanently reduces funding distributed to the Water Protection Sustainability Program Trust Fund.  If this is not vetoed by the Governor, it will reduce funding this year by $20 million and is proposed to reduce the funding by $30 million in future years.  Several different associations have presented letters to the Governor, including the Florida Stormwater Association and FAC (Florida Association of Counties), that are strongly opposing that as it could jeopardize the County’s funding for the Yankee Lake project.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution 2007-R-193, as shown on page _______, opposing SB 24-C.

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

     The Board gave consensus for Ms. Spriggs to get the Resolution mailed out as soon as possible.

     Ms. Spriggs advised she distributed a copy of a Tallahassee news article (received and filed) on tax reform that gives a good comparison of the two plans.  She reviewed the information.

     Commissioner Henley surrendered the gavel to Vice Chairman Carey and left the meeting at this time.  He returned shortly thereafter.  Vice Chairman Carey returned the gavel to Commissioner Henley to assume the duties of Chairman.

     Commissioner Carey requested a tally of the individual votes of all the bills in the House and Senate. 

CHAIRMAN’S REPORT, Continued

     Chairman Henley reminded the Board that they have only one meeting in November and in December; and, normally, they hold the reorganization of the Board at the second meeting in November.  Since they are not having a second meeting, the reorganization will be held at the next meeting of November 13.  He stated he considers it an honor and pleasure to have served as Chairman but he is not interested in continuing as Chairman, so the Commissioners should be prepared to decide on a new Chair and possibly new Vice Chair.

     Commissioner Dallari stated Commissioner Henley’s leadership ability on the Board has been quite inspirational.

     Commissioner Carey said she thinks they all have accomplished a lot under Commissioner Henley’s leadership.  She thanked him for being willing to serve as Chairman.

     Chairman Henley said the citizens need to be aware of the fact that the Chairman serves at the pleasure of the other Commissioners and anytime three become disenchanted, they can replace him.  Also, the County Commission does not give direction as individuals to the County Manager, but she is totally responsible for the day-to-day operation of government and the Commissioners are prohibited, as individuals, from interfering with that.  He said he has found that the staff has been highly respected by other counties in the way they perform and he has been pleased with them.

     Chairman Henley excused himself at this time due to another commitment and surrendered the gavel to Vice Chairman Carey.

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated 10/12/07 to County (with attachment) from Eloise Sahlstrom, Senior Planner-City of Winter Springs, re:  Upcoming rezoning public hearings.  (cc:  BCC, County Manager, Planning & Development Director, Planning Manager)

 

 2.  Letter dated 10/08/07 to Chairman from E. Douglas Beach, Secretary-Department of Elder Affairs, re:  Information on Communities for a Lifetime community.  (cc:  BCC, County Manager, Community Services Director [for response])

 

 3.  Notice of City of Lake Mary’s comprehensive plan transmittal public hearing October 18, 2007.  (cc:  BCC, County Manager, Planning & Development Director, Planning Manager)

 

 4.  Copy of letter dated 10/15/07 to Tawny Olore, Project Manager-Florida Department of Transportation, from Chairman re:  Commuter Rail Technical Advisory Committee appointee.

 

 5.  Copy of letter dated 10/10/07 to Cindy Coto, County Manager, (with attachment) from George Kosmac, Deputy Superintendent–Seminole County Public Schools, re:  School Impact Fee Resolution.

 

 6.  Memorandum dated 10/02/07 to BCC and County Manager (with attachments) from Gary Johnson, Public Works Director, re:  2001 Sales Tax Mid-program update.

 

 7.  Letter dated 10/10/07 to Chairman from Mayor John Bush, City of Winter Springs, re:  Tri-party joint planning agreement.

 

 8.  Copy of letter dated 10/08/07 to Dora Casanova de Toro, Publisher-La Prensa, from Chairman re:  Hispanic Heritage Month.

 

 9.  Notice and agenda for Seminole County Port Authority meeting October 17, 2007.

 

10.  Letter dated 10/05/07 to Property Owner from the City of Oviedo re:  Notice of Future Land Use change public hearing on October 15, 2007.  (cc:  County Manager, Planning & Development Director, Planning Manager)

 

11.  Letter dated 10/09/07 to BCC (with attachments) from Gail Nagan re:  Feral cats in Seminole County.

 

12.  Copy of letter dated 09/27/07 to Governor Charlie Crist (with attachment) from Kirby Green, Executive Director-St. Johns River Water Management District, re:  Adopted 2007/08 Budget in Brief.

 

13.  Contract for services, as shown on page _______, between Seminole County and the following:  Corey Ellingsworth (Scorekeeper)and Elio Cestero (Umpire).

 

14.  Letter dated 10/18/07 to Chairman from Danny Carr, Project Manager-Southland Construction, Inc., re:  Red Bug Lake Road pedestrian overpass design/build.

 

15.  Letter dated 10/20/07 to Chairman from Betsy LaBelle re:  Support for equestrian parks.

 

16.  Letter dated 10/19/07 to BCC from Alda Rowe Pierce, President-Seminole County League of Women Voters, re:  Commending the BCC on decision to keep the Black Hammock area rural.  (cc:  BCC, County Manager, Planning & Development Director)

 

17.  Copy of letter dated 10/15/07 to Cindy Coto, County Manager, (with attachment) from Gerald Seeber, City Manager-City of Oviedo, re:  Oviedo’s annexation policies.  (cc:  BCC, Planning & Development Director, County Attorney)

 

18.  Letter dated 10/01/07 to Community Leader (with attachment) from Gary Sain, President & CEO-Orlando/Orange County Convention & Visitors Bureau, re:  Transmittal of 2006 Annual Report.

 

19.  Copy of letter dated 10/16/07 to Mayor Buddy Dyer, City of Orlando, from Chairman re:  Central Florida Regional Commission on Homelessness.

 

20.  Letter dated 10/13/07 to BCC from Bernice Muroski-Brown, re:  Appreciation for Veteran’s Services Office in Seminole County.  (cc:  County Manager, Community Services Director)

 

21.  Contract for services, as shown on page _______, between Seminole County Government and Jennifer Sellers (Scorekeeper, slow pitch softball).

 

DISTRICT COMMISSIONERS’ REPORTS

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to reappoint the following, effective January 1, 2008:

Chris LaSage to the Animal Control Board for a one-year term;

Bill Miller, Building Contractor, to the Contractor Examiner Board for a one-year term;

Nancy Irish, Consumer, to the Contractor Examiner Board for a one-year term;

Eunice Mann to the Historical Commission for a two-year term;

Tom Boyko to the Parks & Recreation Advisory Board for a one-year term; and

Dan Anderson, Ross Pagano and Debra Reimers to the Trails & Greenways Task Force for two-year terms.

 

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

 

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     Commissioner Dallari stated the Seminole Cultural Arts Council’s “Hoooowl for the Arts” took place last week at the Sanford Harley Davidson and was a huge success.  He thanked the Commissioners for being involved and everyone for their support.

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     Commissioner Dallari stated he took a tour of the Lighthouse for the Blind facility.  He thinks what the Board did with the Community Services Agency grants today was very worthwhile. 

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     Commissioner Dallari stated last week in Chuluota, the St. Johns River Water Management District held a workshop with the community.  He thanked the St. Johns River Water Management District and River Run Church for the use of their space.

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     Commissioner Dallari announced that this Thursday (November 1) is a mock D.U.I. demonstration at Lyman High School’s Carlton Henley Stadium.

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     Motion by Commissioner McLean, seconded by Commissioner Dallari, to appoint Dennis Hale to the Tourism Development Council for a four-year term ending January 1, 2012.

     Districts 1, 2, 3 and 5 voted AYE.

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     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2007-R-194, as shown on page _______, of appreciation to Penny Leffel for her service on the Tourist Development Council.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner McLean advised he was approached by a group called Floridians for Smarter Growth and asked if he would be willing to serve as their County Chair.  He wanted to get the support of the Board before agreeing to take on that role.

     Commissioner Carey asked him to bring that request back at the next meeting because the Board doesn’t have any information on that and the Chairman is not present.  She wouldn’t want the Board to appoint someone that the Chairman has the prerogative of doing.  She asked Commissioner McLean to pass information on to the County Manager.

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     Commissioner McLean stated last week, the City/County Advisory Committee had an update on the Yankee Lake Water Treatment Plant.  They also had an update on the Fire EMS partnering opportunities.  There was a big discussion on property taxes.  He hopes to get definitive information at the next meeting on November 28, 2007.

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     Commissioner Van Der Weide advised there have been some construction issues on Wekiva Springs Road; and he had some comments from residents on why the County was spending the money on Riverbend Road. 

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     Commissioner Van Der Weide reported that everything is going fine at the Florida Zoo.  As they know, the Port Authority is going very well and the Authority was very proud of the check presented to the Board.

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     Commissioner Van Der Weide stated the Hero’s Memorial is moving along and they are working on logos now. 

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     Commissioner Carey distributed to the Commissioners for their information a copy (received and filed) of the Central Florida Regional Voice Vision with policy frameworks that came out at the MPO Alliance meeting held earlier this week.  Further, she stated the MPO Alliance has a MPO Institute and, at the meeting, they were asked if they had any interest in having a class.  The cost is approximately $1,500 per person and only three people from each MPO are allowed to attend.  She said if there is an interest, the Commissioners should let the County Manager know so the Alliance can plan classes for next year.

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     Commissioner Carey said on November 14, a street car seminar will be held by the MPO following the regularly scheduled meeting, from noon to 2:30 p.m.  She wants to make sure staff is going to attend to learn what they can about this particular issue.  She also asked Harry Barley if he could do something similar to this about bus rapid transit. 

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     Commissioner Carey stated that last week some of them went to the Diversity Dine-In at the Sanford Civic Center and she thanked all the employees who cooked and baked all kinds of things. 

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     Motion by Commissioner Carey, seconded by Commissioner Dallari, to appoint Greg Dolman to the Tourism Development Council for a four-year term beginning January 1, 2008, and ending January 1, 2012;  and adoption of appropriate Resolution #2007-R-195, as shown on page _______, of appreciation to Diane Crews for her service on the Tourism Development Council.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Carey stated the Servants of the People Luncheon will be held this week to benefit the Rescue Outreach Mission, 11:30 a.m. at the Sanford Civic Center. 

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     Commissioner Carey recognized that Sunday, November 11, is Veterans Day and she is hoping all the veterans will be in downtown Sanford for the parade on Saturday, November 10, 10:00 a.m. with a ceremony following in the Veterans Memorial Park.

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     Commissioner Carey gave each Commissioner a Halloween pin and wished everyone a safe and happy Halloween.

COUNTY MANAGER’S REPORT

     Ms. Coto advised she received a phone call from Representative Hayes’ office today and they are looking at rescheduling the Legislative Delegation meeting to December 7, 2007.  She will send out a communication to the Commissioners’ Aides to see if other dates would be convenient also.  Commissioner Carey said she will be out of town on December 7.

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     Ms. Coto gave a correction to Item #9 of the Consent Agenda, award CC-2424-07 to Southland Construction, Inc., advising the amount is $8,410,000.

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to accept the correction to Item #9, award CC-2424-07 to Southland Construction, Inc., changing the amount from $10,060,000 to $8,410,000.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Carey noted that after the November 13 Board meeting, the Expressway Authority meeting is tentatively scheduled.  She asked the Commissioners to note that on their calendars.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 6:07 p.m., this same date.

 

ATTEST:_____________________Clerk____________________Chairman

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