BOARD OF
MAY 22, 2007
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY,
Present:
Chairman
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
Deputy Clerk
Carylon Cohen
The Invocation was given by Pastor Hoyer,
County Attorney Robert McMillan led the
Pledge of Allegiance.
Awards and Presentations
Motion by Commissioner
Dallari, seconded by Commissioner Carey, to adopt appropriate Resolution #2007-R-99, as shown on page _______, acknowledging the
contributions of the hospitality industry to our economy by designating May
2007 as "Tourism Month in
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari presented the
Resolution to Diane Crews, who expressed thanks to the Board.
Motion by Commissioner
Carey, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2007-R-97, as shown on page _______, congratulating Bill
Poe on receiving the 2007 Leadership Seminole Legends Award and
commending him on his exemplary character traits, leadership and vision.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey presented the Resolution
to Mr. Poe.
Commissioner Van Der Weide stated Mr. Poe
is the most recent volunteer to the Hero’s War Memorial Group.
Mr. Poe expressed thanks to the
Commissioners on behalf of the 150 folks he currently serves. He said they have been very supportive of
SWOP and without their support, they would not have been able to accomplish
what they did.
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Motion by Commissioner
Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2007-R-96, as shown on page _______, congratulating Mike
Arena and the Altamonte Jazz Ensemble for being selected as
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Van Der Weide presented the
Resolution to Mr. Arena and Ruby Homayssi of the Arts Council.
Mr. Arena thanked the Board and the Arts
Council for recognizing the Jazz Ensemble and for supporting them.
Ms. Homayssi thanked the Board for
presenting awards such as this to encourage the artists in our community to
continue to enrich our lives. She
thanked Mr. Arena and said the Jazz Ensemble is a delight.
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Motion by Commissioner
McLean, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2007-R-100, as shown on page _______, honoring Vival D.
Gilson for her twenty-two years of service and dedication to the citizens and
employees of
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner
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Motion by Commissioner Carey, seconded by Commissioner
McLean, to adopt appropriate Resolution #2007-R-98, as shown on page
_______, honoring Ginny Markley for her thirty-two years of service and
dedication to the citizens and employees of
Chairman
Henley announced that Ms. Markley advised she was unable to be in attendance
today.
Districts 1, 2, 3, 4 and 5 voted AYE.
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George Kosmac, Deputy
Superintendent, Seminole County Public Schools, addressed the Board to state
they have been working hard on developing a basis for an increase in the school
impact fees. In February of this year,
after a long study, the School Board approved a resolution recommending an
increase. He understands the purpose of
this meeting is to present where the School Board is and potentially refer the
School Board back to the Planning and Zoning Commission. After that, if the P&Z recommends, the
School Board will come back before the
Chairman Henley asked how many school
additions are coming about as a result of the class size amendment. Mr. Kosmac stated they don’t break them up by
which ones are needed for class size versus which ones are needed for growth. Whereupon, Chairman Henley asked if he doesn’t
do that, then how is he going to avoid co-mingling the funds from the
Department of Education with impact fees which can only be spent for new growth
in the area.
Mr. Kosmac stated they will need to do that
as it is being done now with the impact fees.
He said they have a separate project fund and they keep very close
records and insure that the money from the impact fees is only going towards
growth. He said he thinks these are all
potential impact fee projects.
Chairman Henley said he was hoping this
would be set up in such a way that the Board would be able to get reports to
track the use of impact fee money.
Mr. Kosmac said the School Board can
provide the Board with all the data now on what every penny of impact fee money
was spent on since 2000.
Commissioner Carey said she understands
that there are certain things impact fees can’t be used for. One of those is for the deficiency in
classrooms. They can’t be used just to
replace portables. Mr. Kosmac explained
that the impact fee money is not being used for that purpose. Whereupon, Commissioner Carey said she was
trying to get a clearer picture of what they could use impact fees for. She said it’s not $255,000,000 worth of
projects if a lot of those are replacing portables and that type of thing. She clarified that these are projects
approved by the Department of Education (DOE) for the School Board to do, but
not to fund with impact fees.
Mr. Kosmac advised the Chairman he would
clarify the title (Potential Impact Fee Financed Projects 2007-2017)for this
information before he goes before the P&Z Commission.
Commissioner Dallari asked Mr. Kosmac to
discuss the existing and projected student population. He also asked Mr. Kosmac if, when he comes
back before the Board, he will be able to give the student population and the
class size based on location so the Board can see how the overcrowding is. Mr. Kosmac stated he can provide that
information for this year.
Chairman
Commissioner
Commissioner Van Der Weide stated it’s hard
to be put in a situation where they have this information on the screens for the
public watching
Mr. Kosmac continued the PowerPoint review
with the Impact Fee Collections; Statewide Comparisons; and Escalation Cost.
Upon inquiry by Commissioner Carey, Mr.
Kosmac said he could do the research and be able to provide the Board with
information on which counties that have impact fees might have indexing.
Commissioner Carey asked Mr. Kosmac who
recommended looking at some type of cost indexing. He stated they had a meeting with Ms. Coto
and staff and this came up during that meeting.
Chairman Henley stated this will be sent to
the P&Z for their purview and recommendations. He said the Board recognizes that the School
Board does have needs and these are awkward times for the School Board and the
Commissioner Carey asked if County staff
had validated the information given by the consultant.
Ms. Coto said she doesn’t know if
validation is the appropriate word to use, because the County did not retain
its own experts to go through the same process the School Board went through
regarding the school impact fee consultant.
After the joint workshop with the School Board, the County sent a
memorandum to Dr. Vogel and asked some questions related to areas where staff
saw some discrepancies between some of the dollars within the impact fees as
well as what was happening with the County’s concurrency plan with the School
Board. A meeting was held and the School
Board came back after the meeting with a follow-up memorandum responding to
those questions. She believes staff
found the report adequately addressed the County’s questions.
Upon inquiry by Commissioner Carey, Mr.
McMillan stated the impact fees cannot be used to deal with deficiencies caused
by the class size amendment. The class
size amendment will affect how much will have to be built in the future for
those students that come as a result of growth, so that will be part of future
growth, but not for rectifying deficiencies that exist at the time of adoption
of the impact fee. Further, he said for
increased capacity that has to be built that isn’t being driven by any
additional students, the impact fee is not an appropriate revenue source. If it is caused by the additional students
that come with growth, impact fees could be used. He explained impact fees can be used for land
acquisition if the acquisition is driven by the need to construct facilities
for future students caused by growth.
Chairman Henley advised the way impact fees
work always puts the School Board behind because you can’t use the money except
for the students as they get here. He
said you can’t use impact fees for transfer of students, but there must be new
students to the system.
Commissioner Carey stated when they had the
work session with the School Board, the Board had asked for a list of what the
impact fees were being used for and she has not seen that. She said she would like to see that before
she would vote to potentially increase the impact fees.
Commissioner Carey asked Mr. McMillan if
affordable housing could be excluded from impact fees. Mr. McMillan said no, unless something
changes. He said the Board could include
in the affordable housing programs a provision that another source of funds
would be used to pay the impact fees through the affordable housing
grants. He stated everybody who causes
an impact has to be charged an impact fee.
Commissioner McLean stated his concern is
they may be in a scenario where whatever fees they have now, or whatever they decide
in the future, get unintentionally spent in an area that it should not be. He agreed with Commissioner Carey that they
need to have a much more definitive idea of what the standards are--where
impact fees can and cannot be used. He
also agreed with Commissioner Van Der Weide about misinformation.
Mr. McMillan stated it is rare that a
single project is funded totally from impact fees or totally from other revenue
sources. Generally, there is a proration
involved where certain funds are used for deficit correction and certain funds
used for excess capacity being created, and there is an impact fee portion of
that.
Mr. Kosmac advised Commissioner McLean that
the School Board does have a system in place to distinguish between the fees.
Chairman Henley requested Mr. Kosmac
forward a copy of the DOE plan survey to the Board.
Chairman Henley stated unless there are
objections, the Board will refer this request to the P&Z Commission and the
Board will get more details from the School Board.
Commissioner Carey asked for clarification
on what the Board is going to refer to the P&Z. She asked are they sending the School Board’s
recommendation to the P&Z. Chairman
Henley stated yes, the School Board’s recommendation is being sent in order to get
P&Z’s input.
Ms. Coto advised the BCC has the ability to
make suggestions and/or amendments to what has been presented that would be
included as part of the package to the P&Z.
Mr. McMillan explained what the general
process is. He said he is sensing that
the Board would like to send this request to the P&Z first and then have
the School Board come back to the Board before the adoption hearing is held. Discussion ensued.
Commissioner Carey said she would have a concern
with sending this forward with an automatic increase in it every year. Commissioner Van Der Weide said he
agrees. Commissioner Carey discussed that
the School Board is proposing to raise the impact fee when there is a declining
enrollment. She thinks when the study
was done, the schools did not have a declining enrollment, so the consultant’s
comment was that they were looking at a continuing growth pattern and that’s
how they came up with their numbers. Now, since the study was completed, the
schools have had a declining enrollment.
She asked what does that do to the number and is it valid any more. She said she is recommending taking the
indexing out and that the Board consider the numbers they would move forward for
the impact fee to go to. She thinks the
study was done based on growth and there was no declining factor at all.
Mr. Kosmac said it is correct that they did
not have the impact of this current school year factored into the analysis by
the consultant. He said if they look at
prior years, there is not a constant increase every year. There are fluctuations. The question is whether this is a down year
and the numbers will be back up next year.
He said what happens if the enrollment increases and they delay; then
they will be further “behind the ball.”
He said he would hesitate to say no and wait until they get new numbers
for this coming school year to see if they are still declining, because there
will always be a certain amount of fluctuations.
Chairman Henley said he thinks part of the
concern is collecting fees when they don’t have a reason to and the School
Board will be holding money that they can’t use. When growth comes two years down the road,
they will have all that money sitting in the pot and still can’t use it because
they didn’t spend it for the ones at the time they collected it.
Commissioner Van Der Weide stated he thinks
indexing is a bad idea and he would support a motion to take that out. He thinks that could be looked at any time it
warrants the impact fee to be readdressed.
Commissioner McLean said in that case, he
doesn’t see any down side to taking the process to P&Z as per the Land
Development Code, and let the P&Z see all the options, including
indexing. When it comes back, the Board
can have the discussion at that time. He
doesn’t see the reason to eliminate that option now.
Commissioner Carey stated if they send the
request to the P&Z the way it is now, they are sending the signal that the
Board thought the request was o.k. She
said she would rather send this request in the right format and get the
ordinance to be something the Board would like it to be before they send it
forward for someone else to review.
Commissioner McLean said he doesn’t see the
discussion the Board is having today to be any kind of inferred approval of
anything, including the indexing. They
are just moving this through the process although it is different than what’s
been done in the past. The Board has
been taking information up to now.
Chairman Henley stated the recommendation
came to the Board of County Commissioners rather than the P&Z, but normally
they go to P&Z first and then the Board gets the request along with the
P&Z’s recommendation. The Board is
not following its own Land Development Code and that’s his reason for sending
the request to the P&Z. The BCC
still has the option of deleting anything in the recommendation when it comes
back to the BCC. Discussion continued.
Commissioner Van Der Weide stated his issue
is the escalator clause with the indexing.
This is something very new that could get completely out of hand.
Commissioner Carey said she doesn’t want to
see an escalator clause in the ordinance.
Chairman Henley stated if there are no
objections, the Board will forward the
request to the P&Z, excluding
the escalator clause. He advised Mr.
Kosmac that he hopes he will be prepared to address the issues raised today
when he goes before the P&Z and when he comes back to the BCC. He further advised him to include the
requested information to the P&Z and send copies to the BCC.
Commissioner Carey reiterated especially
the list of projects that are eligible for impact fees and what the School Board
did with the $50,000,000 in impact fees they have already collected.
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Chairman Henley recessed the meeting at
10:37 a.m. and reconvened it at 10:49 a.m.
Phil Laurien, Executive Director of the
East Central Florida Regional Planning Council, addressed the Board to give a
PowerPoint presentation (CD received and filed) reviewing the rules for the
planning exercise asked to be completed by all the
Chairman Henley stated the problem the
County has is the fact that it is almost built out. The smallest bubble is the hamlet of
5,000. He said they have to look for a
place where 5,000 people might go in the unincorporated area in order to give
the Council some information. He said
outside of the Heathrow area, he cannot think of any other area without getting
into the rural area and that won’t happen.
Commissioner Carey said the Heathrow area
is an already planned DRI that is mostly built out. She said she can’t imagine where in
unincorporated
Dori DeBord, Planning & Development
Director, addressed the Board to state one of the areas noted on the map is the
Chuluota area that today would be a hamlet (less than 5,000 population). She said that would be something she would
continue to envision with the same growth pattern. They would dot that on the map as a hamlet. Staff is not planning on growth coming into
that area and promoting it into any more of an urban developed center. An area currently not included would be
something along the 46A Corridor along I-4.
That may be an area, given the growth there, that might be a village or
a town. She said the Wekiva area will
stop seeing a great deal of urban development, but what is there is developing
at a very high intensity urban core. Those
are two areas to consider. Also, the 46
Corridor near I-4 might be another area to consider as a potential village or
town corridor. The only area staff would
look at with regard to commuter rail might be the station location in the city
of
Commissioner Van Der Weide noted that it’s
hard to predict where the public wants to go.
Mr. Laurien continued with review of the
Action Items for the Seminole County Commission. He said they are still looking for
endorsement of the regional compact and the policy framework. They would also like for the Commission to
attend the regional summit on August 10, 2007, at Champions Gate in
Chairman Henley advised there are two
things Mr. Laurien may not be aware of--one is of the committee set up where
they are trying to tie the conservation corridors available in the seven county
region. They are still working on
refining the compact language that the Commission will eventually be asked to
agree to as it is how they will proceed in the future. He believes they are honing in on the final
version of that.
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Chairman Henley advised he tried to send
information (copies of memorandums received and filed) to the Board on the Lake
Mary High School Pool. This has been in
the works for well over a year and former Commissioner Morris was the Board’s
representative working with the School Board.
At the last meeting, the BCC had a discussion and took action that they
did not want to move forward until they see the third party contract. He said he doesn’t think they realized what
the impact would be on this situation.
He said the high school now has the money, and the city of
Commissioner Dallari stated he had read the
Chairman’s memo and also met with the school principal a couple times as well
as staff. He said he sees no reason why
the Board should not move forward with this and send it to the
Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to move this
item forward to the
Commissioner Carey stated she also met with
the school principal and former Commissioner Morris, and she also spoke with John
Saboor with the Sports Commission regarding the possibility of having some time
set aside during the summer and fall for competitive sports. She said she would like to have something in
the agreement about that.
Chairman Henley said the Joint City/County
Group has a committee with the responsibility to recommend to the Sports Commission
to make facilities available when they go after the national events. He said the School Board has already agreed
to that concept.
Principal Boyd Karns,
Commissioner Carey stated she received the
agreements from Altamonte this week on how the
Chairman Henley said the stipulations are
to avoid exactly what
Commissioner Van Der Weide said he thinks
the stipulations address a lot of the issues the Board discussed. He also thinks Commissioner Carey has some
valid points, but in the past, this Board has never wanted to get into the pool
business. He understands they can fine
tune the agreement further if they find something that’s not working.
Chairman Henley clarified that the contract
for usage will be with the School Board and not with the school so they will be
able to have more control over that. He
thinks this will be a step in the right direction.
Commissioner Dallari said he thinks it is
duly noted that they make sure the facility is being used for public use. Once they get the document back from the
Mr. McMillan asked for clarification that the Board wants to see the document before it is
sent to the School Board. Commissioner
Dallari said yes.
Mr. Karns said he and the Superintendent
understands Commissioner Carey’s concern.
The facility use agreement is a School Board approved form and swimming
pools will be added to the agreement.
Mr. McMillan noted that the agreement will
have to go back to the city of
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey voted NAY.
Ms. Coto noted under the
Motion by Commissioner Dallari, seconded by Commissioner McLean, to
approve and authorize the following:
Administrative
Services
Facilities Maintenance
8. Approve
and authorize the Chairman to execute an Agreement, as shown on page _______,
with the Seminole County Health Department for renovation services for
examination rooms, office space, reception area and storage areas. The amount
for the renovation is $460,000.
Purchasing and Contracts
9. Award
CC-1809-07/JOJ, as shown on page _______, in the amount of $125,687.79 to
Schippers Marine Construction, Inc. of Crystal River, for all labor, equipment,
transportation, coordination and incidentals related to repairs to boardwalks
located near the Environmental Studies Center in the Spring Hammock Preserve.
10. Approve
ranking list and authorize rate negotiations for PS-1742-07/BLH, preliminary
and final design services, with Carter & Burgess, Inc. of Orlando, FL for
rehabilitation of public infrastructure within selected residential
subdivisions located in unincorporated Seminole County (not to exceed $500,000.00
per year).
Support Services
11. Approve
and authorize the Chairman to execute the County Deed, as shown on page
_______, conveying the seventeen (17) Ridgewood Villa delinquent tax parcels as
follows owned by the County to the City of Sanford, pursuant to Florida
Statutes 197.592(3): Parcel ID Nos.
#02-20-30-521-0000-1030, Unit No. 103; #02-20-30-521-0000-1050, Unit No. 105;
#02-20-30-521-0000-1100, Unit No. 110; #02-20-30-521-0000-1140, Unit No. 114;
#02-20-30-521-0000-1170, Unit No. 117; #02-20-30-521-0000-1180, Unit No. 118;
#02-20-30-521-0000-1200, Unit No. 120; #02-20-30-521-0000-1280, Unit No. 128;
#02-20-30-521-0000-1290, Unit No. 129; #02-20-30-521-0000-1300, Unit No. 130;
#02-20-30-521-0000-2110, Unit No. 211; #02-20-30-521-0000-2130, Unit No. 213;
#02-20-30-521-0000-2170, Unit No. 217; #02-20-30-521-0000-2180, Unit No. 218;
#02-20-30-521-0000-2200, Unit No. 220; #02-20-30-521-0000-2280, Unit No. 228;
and #02-20-30-521-0000-2300, Unit No. 230.
12. Approve
and authorize the Chairman to execute the First Renewal, as shown on page
_______, to Wilshire Plaza, Phase II Lease, leasing from the property owner,
Crystal Bay Club, LTD., satellite offices located at 336 Wilshire Boulevard,
Casselberry, FL, for the Tax Collector and the Clerk of the Courts, for a
two-year term, in the amount of $86,033.16 for the first year and $88,614.12
for the second year.
Community
Services
Administration
13. Approve
continued participation in the Florida Department of Law Enforcement's
"Edward Byrne Memorial Justice Assistance Grant Program" and
authorize the Chairman to sign the Certificate of Participation, as shown on
page _______, naming Dr. David Medley, Director of Community Services, to
coordinate the applications.
CDBG
14. Authorize
staff to publish the proposed list of HUD Community Development Block Grant
(CDBG) and Emergency Shelter Grant (ESG) activities proposed to be funded for the
2007-2008 One-Year Action Plan of the 2005-2009 Five-Year Consolidated Plan,
for a 30-day public comment period, prior to final approval by the Board.
Community Assistance
15. Approve
and authorize the Chairman to execute the Satisfactions, as shown on page
_______, of Second Mortgage for households assisted under the SHIP Home
Ownership Assistance Program and the Emergency Repair Housing Program as
follows: Leon N. Harp, Jr.; Janice Jones
and Sharon Wheeler; Gena L. Lucas and the Lucas Family Trust; Sean Lee Toyloy;
and Mary Holt (n/k/a Mary Guess.
Economic
Development
Tourism
16. Approve
and authorize the Chairman to execute an Agreement, as shown on page _______,
with the city of
17. Approve
and authorize the Chairman to execute an Agreement, as shown on page _______,
with the Central Florida Zoological Society, Inc. in the amount of $300,000 for
operating and promotional expenditures.
18. Approve
and authorize the Chairman to execute an Agreement, as shown on page _______,
with the city of
Fiscal
Services
Budget
19. Approve
and authorize the Chairman to execute Budget Amendment Resolution #2007-R-101,
as shown on page _______, BAR #07-48, from the General Fund in the amount of
$49,950 to provide funding for consulting services related to the automated
performance management system.
20. Approve
and authorize the Chairman to execute Budget Amendment Resolution #2007-R-102,
as shown on page _______, BAR #07-58, from the 1991 Infrastructure Sales Tax
Fund and Arterial Infrastructure Impact Fee Fund in the amount of $166,358 to
fund the settlement for Longwood Green, Inc. v. Seminole County, Case
No. 02-CA-1624-16-W.
21. Approve
and authorize the Chairman to execute Budget Amendment Resolution #2007-R-103,
as shown on page _______, BAR #07-63, from the General Fund in the amount of
$460,000 for renovation of the
22. Approve
and authorize the Chairman to execute Budget Amendment Resolution #2007-R-104,
as shown on page _______, BAR #07-67, from the General Fund in the amount of
$100,000 to increase funding for the Central Branch Library HVAC Replacement
project.
23. Approve
and authorize the Chairman to execute Budget Change Request, BCR #07-16, from
the Homeland Security Strategy Grant, as directed at the April 24, 2007 Board
meeting, in the amount of $40,000 for the Roam Text Messaging System.
MSBU
24. Approve
and authorize scheduling and advertising of a public hearing for the purpose of
adopting the non-ad valorem assessment roll.
25. Approve
and authorize the Chairman to execute Satisfaction, as shown on page _______,
of Lien documents for final close-out of the Chula Vista Road Restoration
Municipal Services Benefit Unit.
26. Adopt
and authorize the Chairman to execute Resolution #2007-R-105, as shown on page
_______, establishing the new assessment rate for each Municipal Service
Benefit Unit (MSBU) that is required, as a condition of the MSBU's existence,
to annually establish a revised assessment rate.
27. Approve
and authorize scheduling and advertising of a public hearing for amending
Ordinance 06-74 by adding Parcel 17-21-29-511-0B00-0020 to the Mirror Lake
Aquatic Weed Municipal Services Benefit Unit boundary.
Planning
and Development
Development Review
28. Approve
and authorize the Chairman to execute the final plat for The Parke At Hanover
Place, containing 85 townhome lots on a 9.7-acre parcel zoned PUD (Planned Unit
Development), located on the south side of SR 434, west of Sun Shadow Boulevard,
and approximately ¼ mile east of U. S. Hwy. 17-92, within the Sun Lake PUD, in
Section 04, Township 21 S, Range 30 E (STEAM Properties, LLC, applicant).
Planning
29. Approve
and authorize the Chairman to execute the “Interlocal Agreement For Public
Transit Services Between Seminole County and The Central Florida Regional
Transportation Authority” (LYNX), as shown on page _______, for Fiscal Year
2007.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Motion by Commissioner Carey, seconded by Commissioner Van Der
Weide, to approve and authorize the following:
Litigation
30. Kirchhoff, Coleman and Airport Industrial
Partners, LLC, Property - Approve proposed mediated
settlement relating to Parcel Numbers 221A, 721A, 821A, 221B, 721B, 721C, 721D,
821B, 821C, 221C, 721E, and 821D on the East Lake Mary Boulevard Phase IIB
project. This proposed mediated settlement at $802,543.05 includes land value,
severance damage, statutory interest, statutory attorney’s fees, expert fees and
cost reimbursements.
31. Lawlor Property - Authorize the
issuance of an Offer of Judgment for Parcel I.D. Number 16-19-30-5AB-0030 that
was acquired as a permanent access, drainage and utility easement for the
32. Longwood Green, Inc. - Approve
proposed settlement of this inverse condemnation litigation at $150,000.00
inclusive for what is now known as Parcel Number 724, County Road 427 Phase
III.
33. Silver Lakes West Homeowners’ Association,
Inc.’s Property - Approve proposed mediated settlement and authorization
to convey Maintenance Easement, as shown on page _______, related to Parcel
Numbers 120 and 820 on the Lake Emma Road project. Also approve and authorize the Chairman to execute
the Subdivision Wall Agreement, as shown on page _______, incidental to the
proposed settlement. The proposed
settlement is at the total sum of $229,080.00 inclusive of all land value,
statutory interest, attorney’s fees, and cost reimbursements.
34. TWC Ninety-Five Ltd. Property - Approve
proposed negotiated settlement relating to Parcel Number 108 on the Airport
Boulevard Phase II project. The proposed
settlement is at the total sum of $47,628.00 inclusive of all land value,
severance damage, business damage, statutory interest, attorney’s fees and cost
reimbursements.
Property Acquisition
35. Aldi Property - Authorize
binding written offer/offer of judgment relating to Parcel 100A/B of the County
Road 15 (
36. Chairman
to execute County Road 15
Subordination of Utility Interest Agreement, as shown on page _______, (Parcel
Numbers 101C/101D), between
37. Chairman
to execute County Road 15
Subordination of Utility Interest Agreement, as shown on page _______, (Parcel
Number 141), between
38.
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:
Clerk's
Office
39. Approve
Expenditure Lists, as shown on page _______, dated April 23 & 30, 2007;
approve Payroll Lists, as shown on page _______, dated April 19, 2007; approve
BCC Official Minutes dated April 24, 2007; and noted, for information only, the
following Clerk’s received and filed:
1. Recorded Transfer of Road Reservation, as
shown on page _______, from the Board of Trustees of the Internal Improvement
Trust Fund of the State of
2. Notice from the Public Service Commission of
Order suspending proposed final rates and granting interim rate increase, Aqua
Utilities Florida, Inc.
3. Work Order #6, as shown on page _______, to
RFP-0225-05.
4. Work Order #68, as shown on page _______, to
PS-5165-04.
5. Work Order #1, as shown on page _______, to
PS-1501-06.
6. Change of Address notifications, as shown on
page _______, regarding Letters of Credit for Grande Oaks (Heathrow Oaks, LLC),
#55100119-00; Grande Oaks (Heathrow Oaks, LLC), #55100208-00; Magnolia Pointe
(Sun Tec Builders, Inc. and MAG), #78531562-00; Magnolia Pointe (Sun Tec
Builders, Inc. and MAG), #78531561-00; and Summerfield (Summerfield of Seminole
County, Inc.), #55100380-00.
7. Work Order #3, as shown on page _______, for
PS-1529-06.
8. Title Insurance Policy #A81-0182099;
Recreational Trail Easement; Subordination, Consent and Joinder of Easement;
and Amended Notice of Commencement regarding the Cross Seminole Trail, Phase
III, Parcel No. 110, Landworks Group, LC, owner, as shown on page _______.
9. Title
Insurance Policy #A81-0266841; Recreational Trail Easement; and Subordination,
Consent and Joinder of Easement for the Cross Seminole Trail, Phase III, Parcel
No. 111, 1823 Longwood, Inc., owner, as shown on page _______.
10. Title
Insurance Policy; General Warranty Deed; Temporary Construction Easement; and
Satisfaction of Mortgage for CR 15 (
11. Title Insurance
Policy No. A81-0266844 and Recreational Trail Easement for the Cross Seminole
Trail, Phase III, Parcel No. 106, Lo Bros. Enterprises, Inc., owner, as shown
on page _______.
12. Change
Order #1, as shown on page _______, to Work Order #37 for CC-1262-05.
13. Writ of
Certiorari regarding Case No. 05-146-AP, Anne Rufiange vs. Value Adjustment
Board of Seminole County.
14. Cash
Maintenance Bond, as shown on page _______, for water and sewer for South Bank,
dba Orange Bank, (Nob Hill) in the amount of $630.
15. Correct
Exhibit A, Temporary Construction Easement, as shown on page _______, to
Purchase Agreement, James A. and Linda A. Bulmer, CR 15.
16. Work Order
#73, as shown on page _______, to PS-556-00.
17. Copy of
memorandum to Ann Colby, Assistant County Attorney, from David G. Shields,
Assistant County Attorney, regarding Basic Services Agreement request, Seminole
County v. Sobik’s of Airport Blvd., Inc., et al.
18. Work
Orders #22, #23 and #24, as shown on page _______, to CC-1198-02.
19. Amendment
#1, as shown on page _______, to M-1479-06.
20. Motorola
Reconfiguration Planning Phase Agreement, as shown on page _______, as executed
by the
21. Change
Order #2, as shown on page _______, to CC-0256A-06.
22. Work Order
#69, as shown on page _______, to PS-5165-04.
23. Amendment
#1, as shown on page _______, to Work Order #11 for PS-5174-05.
24. Amendment
#1, as shown on page _______, to Work Order #18 for PS-5174-05.
25. Work Order
#2, as shown on page _______, to PS-5129-06.
26. Customer
Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement for Norgart Farms,
Melville and Billie Norgart.
27. Amendment,
as shown on page _______, to Conditional Utility Agreements for Water and Sewer
Service with DBM Puddles.
28. Conditional
Utility Agreement, as shown on page _______, for Water Service with S & B
Real Property, LLC.
29. Conditional
Utility Agreements, as shown on page _______, for Water and Sewer Service with
Arthur Properties, LLC.
30. Utility
Agreements, as shown on page _______, for Water and Sewer Service with
Verdelyte, LLC.
31. Letter of
acceptance and Bill of Sale, as shown on page _______, for the water and sewer
systems for The Preserve at
32. Conditional
Utility Agreements, as shown on page _______, for Water and Sewer Service with
CSC Properties, Inc.
33. Conditional
Utility Agreements, as shown on page _______, for Potable and Reclaimed Water
and Sewer Service with Morrison Homes.
34. Satisfaction
of Connection Fees, as shown on page _______, for Fifth Third Bank.
35. Assignment
of Conditional Utility Agreements, as shown on page _______, for Water and
Sewer Service with CWS-Oviedo Development, LLC, for the following projects: CA Stone Properties, Restaurants A, B and C
and CA Stone Properties - Bank.
36. Letter of
acceptance, Bill of Sale and Warranty Deed, as shown on page _______, for
Potable and Reclaimed Water and Sewer systems for Clayton Crossing.
37. Amendment
#1, as shown on page _______, to M-0947-06.
38. Work Order
#46, as shown on page _______, to CC-1220-03.
39. Basic
Contract #M-2006-07, as shown on page _______, TLC Diversified, Inc.
40. Development
Orders, as shown on page _______, as follows:
Dan & Sarah Scrima, 1963 Kindling Court; Donna C. Stokes, Lots 390
& 391, Dunbar Avenue; Robert & Karen Beck, 1510 Royal Circle; Brian P.
& Linda D. Caslow, 220 Lake Seminary Circle; Kenneth & Pauline Snyder,
5590 Lake Avenue; Thomas Madden, Lot 12, Scott Drive; Robert Dominica, 9722
Bear Lake Road; Richard & Maureen Berardo, Parcel 1N, Retreat Road; Mike
Towers, Longwood Hills Condominium Rezone and Small Scale Land Use Amendment;
Denial Development Order for Dale D. & Ellen D. Sherman, 220 Saunders
Trail; Justin King, North and Pressview; Alfred Blankenship, Garage/Guest
House; Greg & Bettina Fulford, 3821 Beardall Avenue; Xuan Nguyen & Nhan
Phan, 724 Silver Birch Place; Denial Development Order for Mohammed & Vida
Hosein, 3241 Night Breeze Lane; Lakeside Fellowship Church, 305 South Orange
Boulevard; James Sada, 3016 Alafaya Trail; Spanish Oviedo Congregation of
Jehovahs Witnesses, Inc., 1950 CR 426; Alberto G. Sosa, 576 Clemson Drive;
Joseph Castello, 350 Lake Markham Road; Susan & William Kuhn, 752 Cross Bow
Lane; Michael & Denise Sprigg, 2248 Catbriar Way; R & R Investments,
Hickman Drive (Lot 9/I-4 Industrial Park); Garry Prickel, 5420 Lake Avenue; and
Mark & Andrea Braunstein, Guest House.
41. Notice
from the Public Service Commission regarding Docket No. 060767-TP, Petition of
McImetro Access Transmission Services, LLC, d/b/a Verizon Access Transmission
Services.
42. Certificate
of Completion, as shown on page _______, for CC-1244-04.
43. Certificates
of Completion, as shown on page _______, for Work Orders #1 and #2 to
CC-1284-06.
44. Certificate
of Completion, as shown on page _______, for Work Order #29 to CC-1262-05.
45. Change
Order #1, as shown on page _______, to CC-1220-03.
46. Work Order
#54, as shown on page _______, to CC-1262-05.
47. Amendment
#1, as shown on page _______, to PS-5150-03.
48. Work Order
#4, as shown on page _______, to CC-0012-05.
49. Amendment
#1, as shown on page _______, to Work Order #1 for PS-5183-05.
50. Work Order
#14, as shown on page _______, to PS-5175-04.
51. Second
Amendment, as shown on page _______, to IFB-3069-03.
52. Amended
Service Agreement, as shown on page _______, with Employee Benefits
Corporation.
53. Cash
Maintenance Bond and Escrow Agreement, as shown on page _______, for The Rock
of Central Florida, Inc. in the amount of $684.
54. Maintenance
Bond, as shown on page _______, for the
55. Community
Service Agency Agreement, as shown on page _______, with The Salvation Army.
56. First
Amendment, as shown on page _______, to IFB-3126-05.
57. Work Order
#34, as shown on page _______, to CC-1267-05.
58. Change
Orders #1, as shown on page _______, to Work Orders #51 and #52 for CC-1262-05.
59. Agreement
RFP-600137-07, as shown on page _______, with Profile East, Inc.
60. Work Order
#4, as shown on page _______, to PS-5169-04.
61. Work Order
#2, as shown on page _______, to PS-1501-06.
62. Amendment
#1, as shown on page _______, to Work Order #17 for PS-5190-05.
63. Work Order
#18, as shown on page _______, to PS-5190-05.
64. Work
Orders #6 and #7, as shown on page _______, to PS-5153-03.
65. Change
Order #2, as shown on page _______, to CC-0588-06.
66. Work Order
#4, as shown on page _______, to M-485-05.
67. Amendment
#1, as shown on page _______, to RFP-4125-01.
68. Term Contract
IFB-600160-07, as shown on page _______, Guardian Equipment, Inc.
69. Term
Contract IFB-600150-07, as shown on page _______, Southern Equipment.
70. Term
Contract IFB-600150-07, as shown on page _______, Peninsular Paper.
71. Notice
from the Public Service Commission regarding Order acknowledging the
implementation of proposed agency action rates subject to refund, Alafaya
Utilities, Inc.
72. Customer
Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement with Fairwinds Credit
Union SR 46.
73. Conditional
Utility Agreements, as shown on page _______, for Water and Sewer Service with
Heathrow Country Club, LLC, and Fairwinds Credit Union.
74. Letter of
acceptance of the water system and Bill of Sale, as shown on page _______, for
the project known as South Bank (dba Orange Bank).
75. Developer’s
Commitment Agreement, as shown on page _______, for Orange Boulevard PUD, KBC
Development, Inc.
76. Agreement
RFP-600123-07, as shown on page _______, with PTFS, Inc.
77. Performance
and Payment Agreement and Letter of Credit #804948228700055, as shown on page
_______, in the amount of $14,300 for Tuska (Tusca) Place.
78. Amendment
#6, as shown on page _______, to IFB-3089-04.
79. Change Order
#1, as shown on page _______, to Work Order #53 for CC-1262-05.
80. Bids as
follows: PS-1905-07; RFP-600171-07;
RFP-600166-07; CC-1949-07; and CC-1805-07.
Sheriff's
Office
40. Approve
for the Sheriff's Office to execute and submit a grant application for
redundant production infrastructure to the U.S. Department of Justice, Office
of Justice Assistance, and authorize the Sheriff to sign future documents
relating to the grant.
Upon inquiry by Commissioner Dallari, Chief
Fleming, Sheriff’s Office, addressed the Board to advise the helicopter
approved last year was delivered yesterday in
Districts
1, 2, 3, 4 and 5 voted AYE.
Regular Agenda
Meloney Lung, Support Services, addressed the Board
to request approval and authorization
for staff to schedule and advertise a public hearing for a presentation
regarding FS125.379, Disposition of County property for affordable housing,
which requires the County to approve an inventory list by July 1, 2007, and
every three years thereafter of properties that can be used for affordable housing
projects.
Motion
by Commissioner McLean, seconded by Commissioner Carey, to approve and
authorize staff to schedule and advertise a public hearing for a presentation
regarding FS125.379, Disposition of County property for affordable housing
which requires the County to approve an inventory list by July 1, 2007, and
every three years thereafter of properties that can be used for affordable housing
projects.
Commissioner Carey asked if the list of
properties shows removal of the two properties on
Districts 1, 2, 3, 4 and 5 voted AYE.
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David Gregory, Acting Environmental
Services Director, Gary Rudolph and Bob Briggs addressed the Board. Mr. Gregory presented the request to approve
and authorize implementation of the phased approach to the Cross Connection
Control Plan which will include award of RFP-600062-06/BJC, Term Contract for
Residential and Commercial Backflow Prevention Control Program, to Ace Flow
Control, Longwood and authorize the Purchasing and Contracts Manager to execute
the Agreement; authorize submission of the Cross Connection Control Plan to the
Florida Department of Environmental Protection for its concurrence; and
authorize modification to the Rate Resolution for Water, Sewer and Reclaimed
Water to incorporate the Cross Connection Control Plan costs, with any rate
changes to be brought back to the Board for approval at a later date. Memorandum dated May 18, 2007, to the
Commissioners providing additional information from Mr. Gregory was received
and filed.
Mr. Rudolph gave a PowerPoint (copy
received and filed) slide presentation on the Cross Connection Control Program
covering the topics of the History; Today; Phase 1 (FY 2007); Phase 2 (FY
2008); Phase 3 (FY 2009); Phase 4 (FY 2010); and Phase 5 (FY 2011).
Mr. Briggs continued the slide presentation
with review of the Rate Information Countywide.
Mr. Rudolph concluded the presentation with
the slide on the Cross Connection Control Program. He said staff is recommending Board approval
of the phased approach.
Commissioner Carey advised she gave this
information to Ms. Garfine with the Department of Environmental Protection and
asked her to have her staff review it and make comments. She said the Program Administrator, Christine
Fararez (phonetic) responded to her and said, basically, DEP only requires the
County to use dual check valves. Commissioner
Carey said the letter from DEP stating the County had not implemented its
ordinance had to do with the fact that the County was not doing any surveys and
inspections. The ordinance has been in
place since 1999, but the County has not yet implemented a program. Her concern is that they are passing this
cost on to the consumers, as it should be, but in some cases she thinks there
are some things proposed to be done that are not necessarily required. She reviewed what is required by DEP. She said the Board is looking at about $1
million in recurring costs and the County is generating that by the program
being presented. She said she would like
to see the program implemented like they are supposed to via DEP and done to
meet the intent of the DEP rule and not necessarily have the “Cadillac” of all
systems, which cost is being passed on to the consumers.
Mr. Gregory stated he provided the
Commissioners with a brief memo outlining where dual check valves could be used
as opposed to a double check valve. This
is in cases where there is residential reclaimed and potable water. He said staff’s biggest concern is those
customers who have an irrigation system hooked up to the potable water
supply. They are required to have a more
robust backflow preventive that does require testing. He said this program is more aimed at those
customers that have the irrigation systems that require the backflow prevention
devices and the testing of those devices.
For the small amount of customers who have the residential reclaimed
water, staff could consider offering the Board some scenarios modifying the
cost connection program in those cases.
Commissioner Carey said the problem she has
with this is when the Board adjusted the rates for the water and sewer program,
they were told that staff would not be coming back to ask the Board for
anything else and now here they are again asking the Board to approve another
program that is going to account for another rate increase to pay for these
reoccurring costs. She said she would
like to see a program that fits DEP requirements and fits the situation in
Mr. Gregory stated he has been working with
DEP for months to put this program together.
He believes they have a program, besides the very small number of
reclaimed customers, that meets the bare minimum that DEP will accept. That has been his intent from the very
beginning. He has had to add additional
items to the presentation, because DEP said they were missing points.
Commissioner Carey reiterated that the DEP
rules do not require anything more than a dual check valve.
Ms. Coto stated when the Board heard the
presentation in August, 2006, it was intended that the customers would be
billed for the service by the contractor.
Staff was directed by the BCC to bring this program back for the Department
of Environmental Services to take the responsibility for the program and not
leave it at the discretion of the customer.
Staff was told to make this a part of the rate base. It was not clear at that time as to whether
this was to be absorbed as part of the existing rate structure or whether or
not staff was to bring this back. That’s
why staff has restructured it this way.
Commissioner Carey stated she recalls the
Board wanted to see what this would look like if it were to be done as part of
the rate base versus paid for by the individual. She said she did not anticipate another rate
increase to cover any of the programs because the Board was told when they did
the rate increase that this was going to cover anything they needed now and
into the future.
Chairman Henley said they have two
issues: #1 is what is appropriate; and
#2 is how to pay for it. He asked the
DEP representative to make comments.
Kim Dodson, representative of DEP’s
Drinking Water Program, addressed the Board to advise at the inspection of
December 12, 2006, they found two significant deficiencies which were failure
to develop a scheduling procedure for surveying and retrofitting of existing
facilities, and failure to assure annual testing of backflow prevention
assemblies. She said she understood the
largest part of the surveying and retrofitting had to do with residential, and
her office is looking for the County to come back and comply to show they have
surveyed those facilities to determine whether or not additional backflow
prevention assemblies are required.
Beyond that, they require the annual testing of the testable backflow
prevention assemblies. She advised
Chairman Henley that her office reviewed the staff recommendation and found
that it brings the system into compliance.
Commissioner Van Der Weide asked if this is
overkill. Ms. Dodson said it is not her
position to review that.
Commissioner Carey asked if staff’s
recommendation provides a level of service above what DEP requires.
Ms. Dodson said she thinks the only issue
they are getting at is the dual checks for the reclaimed water. Based on the information the Board has,
perhaps the annual is not necessarily required, and beyond that, it does meet
minimum requirements.
Commissioner Dallari asked what would be
the minimum acceptable intervals by DEP to inspect the dual check. Ms. Dodson said every two to three years is an
interval accepted with other utilities.
Ms. Coto said the majority of the customers
today receive their irrigation water through the drinking water supply. There is only a small percentage of customers
who are on reclaimed water. The
Department can come back with a different program as it relates to the
reclaimed water program. That number is
going to grow, but she doesn’t know if it will ever be to the level of
customers that the County has overall.
She said the Board could bifurcate this program. They could do the cross connection control for
those who tap the drinking water supply and do a different program which would
reduce the cost and have a different backflow prevention program for those
customers on reclaimed water.
Commissioner Carey said she thinks the idea
to go back and bifurcate the program into two different systems and see what
the cost looks like makes a lot more sense.
Mc. Coto clarified for the Board that this
is for
Chairman Henley suggested the Board
continue this item and staff is to bifurcate the program and come back with an
updated cost of that.
Ms. Coto asked staff when they could be
ready to come back to the Board. She
noted that she did not know what penalties, if any, are associated with being
in noncompliance with DEP. She said she
wants to know how quickly staff can come back and resolve this issue.
Mr. Gregory said if the Board can tell them
today if their preference for the reclaimed customers is to use residential
dual checks on those units, they can modify the ordinance and put that in the
ordinance. If the Board authorizes staff
to move forward with the rest of the proposal presented today, he thinks they can
make that happen and try to come back in two weeks. He said he would like to see them move
forward on the majority of the program, which is getting the contractor on
board so they can begin looking towards being in compliance.
Upon inquiry by Commissioner Carey, Ms. Dodson
said it is correct that the fact the County is making headway in trying to get
this program, DEP will not levy any fines on the County.
Ms. Coto directed staff to try to bring
this item back on the agenda for June 12, 2007.
Commissioner Carey also asked staff to
bring some alternatives for the funding and can this funding be applied with
the existing rate.
Chairman Henley stated he thinks it is
important for staff to bring back some budget information, particularly the
balance being carried in contingency and that type of information. He stated the item is continued to June 12 for staff to bring back the information
requested and rewrite the proposal if necessary.
-------
Austin Watkins, Planner, addressed the
Board to present request to approve the Final Site Plan for Parcel B of the
Cloyce Commercial Center Planned Commercial Development (PCD), and authorize
the Chairman to execute Addendum #4 to the Cloyce Commercial Center PCD
Developer’s Commitment Agreement, for a Fairwinds Credit Union, consisting of
1.38+ acres, located on the southeast corner of the intersection of Tuskawilla Road
and Willa Springs Drive; Chip Nix/KDA Holdings, applicant. He stated staff recommends approval of the PCD
Final Site Plan and Addendum #4 to the Developer’s Commitment Agreement.
Commissioner McLean clarified, for the
Record, that a credit union with a drive-thru is an allowable use.
Motion
by Commissioner Dallari, seconded by Commissioner McLean, to approve the Final
Site Plan for Parcel B of the Cloyce Commercial Center Planned Commercial
Development (PCD), and authorize the Chairman to execute Addendum #4, as shown
on page _______, to the Cloyce Commercial Center PCD Developer’s Commitment
Agreement, for a Fairwinds Credit Union, consisting of 1.38+ acres, located on
the southeast corner of the intersection of Tuskawilla Road and Willa Springs
Drive, based on staff findings; Chip Nix/KDA Holdings, applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Dick Boyer, Planner, addressed
the Board to present request to approve
and authorize the Chairman to execute a resolution to provide matching funds to
LYNX to initiate the SR 434 CROSSTOWN service route starting in FY 2008/2009. Mr. Boyer stated the resolution contains an
“out” clause, which states should the Board find they do not have the money or
wish not to pay for the revised bus route, they do not have to. He advised staff received two public notices
of support and received one notice yesterday in opposition (copies of letter
and e-mail received and filed). Also,
the city of
Commissioner McLean stated the flexibility
seems to be on Lynx’s part as to opting out, and he doesn’t see anything in the
resolution that says specifically if the County does not have the dollars
available, the County can opt out.
Mr. Boyer pointed out the “opt-out”
language in the resolution and explained that
Mr. McMillan stated he does not see anything
in the agreement that commits the County to matching funds at all. It is saying the County expresses support for
but is not a direct commitment to provide any particular funds at any
particular time.
Commissioner Carey said the fact is the
Planning Department has a lot of input into the routes and into the funding
that the County provides.
Motion
by Commissioner McLean, seconded by Commissioner Carey, to approve and authorize
the Chairman to execute Resolution #2007-R-106, as shown on page _______, to
provide matching funds to LYNX to initiate the SR 434 CROSSTOWN service route starting
in FY 2008/2009, with the understanding of the funding as explained.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Coto advised staff is continuing to June 12, 2007, the
request for the Board to affirm the Program Management services by CH2M Hill
(PS-5190-05/DRR) at a level of service consistent with direction provided at
the July 18, 2006 Board of County Commissioners Work Session on the Water and
Sewer Capital Improvements Program. The
Program Management budget is estimated $49.8 million over the projected five-year
term of the program; and affirm CH2M Hill’s performance of detailed design and
bid package preparation of the Seminole County Regional Surface Water Treatment
Plant at Yankee Lake consistent with the County’s Cost Sharing Agreement with
the St. Johns River Water Management District per direction provided at the
July 18, 2006 Work Session.
-------
Dori DeBord, Planning and Development
Director, presented the request to the Board to direct staff to reserve the
Fall 2008 Large Scale Amendment Cycle for EAR-based amendments only (no other
amendments to be heard nor application processed during that cycle), post the
schedule in the Building Division and Customer Resource Center areas, and post
the 2008 and 2009 Large Scale Amendment Schedule on the County website. She explained staff is asking the Board to
hold off on accepting private applications for one amendment cycle while staff
does all the Comprehensive Plan amendments that have to go at the same
time.
Commissioner Carey asked Ms. DeBord what is
the plan to notify the development community and property owner community of
the change that they would not be able to come in on the fall cycle. Ms. DeBord explained how staff intends to
post the schedule.
Chairman Henley also suggested putting the
notices on SGTV.
Commissioner Carey said she thinks it is
important to provide notice because everyone in the industry who does large use
land amendments know that it is only twice a year that it can be done. Taking out one cycle means that would be a
pretty good gap for the public to go through the process.
Ms. DeBord said she is concerned about
making sure the amendments have the proper amount of review and procedural
documentation as they go through the process.
Motion
by Commissioner Carey, seconded by Commissioner McLean, to direct staff to reserve
the Fall 2008 Large Scale Amendment Cycle for EAR-based amendments only (no
other amendments to be heard nor application processed during that cycle); post
the schedule in the Building Division and Customer Resource Center areas; and
post the 2008 and 2009 Large Scale Amendment Schedule on the County website;
hand out colored-paper notices of the schedule to all who come to the
Department; and give notice of the schedule on SGTV.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Chairman Henley
recessed the meeting at 12:04 p.m., reconvening at 1:38 p.m., this same
date with all Commissioners and all other Officials, with the exception of
Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who
were present at the Opening Session.
PROOF OF PUBLICATION
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize the
filing of the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
REQUEST TO VACATE &
ABANDON,
DAVID & NICOLE WRIGHT
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request to vacate and abandon a portion of the platted drainage easement at
the rear of the property located at 3867 Tucks Point, Winter Park, further
described as Lot 5, Tuck’s Knoll, in Section 24, Township 21S, Range 30E, David
& Nicole Wright, received and filed.
Cynthia
Sweet, Development Review, addressed the Board to present the request, advising
the vacate will accommodate a swimming pool and pool enclosure and prevent an
encroachment into the easement. She said
the owners have provided a letter from the Tuck’s Knoll Homeowners Association
stating no objection to the request. She
further advised the staff recommends approval of the vacate request.
No one
spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-107, as
shown on page _______, vacating and abandoning a portion of the platted
drainage easement at the rear of the property located at 3867 Tucks Point,
Winter Park, further described as Lot 5, Tuck’s Knoll, in Section 24, Township
21S, Range 30E, as described in the proof of publication, David & Nicole
Wright.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST FOR CONSIDERATION OF
WATER CONSERVATION ORDINANCE
Proof of
publication, as shown on page _______, calling for a public hearing to consider
an Ordinance amending Part 5, Chapter 270 of the Seminole County Code entitled
“Emergency Water Conservation Ordinance”; creating Section 270.259 and 270.260
of the Seminole County Code entitled “Emergency Water Conservation Ordinance”;
and rescinding the Emergency Water Shortage Resolution #2001-R-13, received and
filed.
Acting
Environmental Services Director, David Gregory, addressed the Board to refer to
his Memorandum (copy received & filed) dated May 18, 2007, advising the
Environmental Services staff has met with the
Commissioner
Carey stated she doesn’t have a problem with the ordinance and would like to
see the County and Cities who irrigate their medians in violation be treated
just like the citizens.
No one
spoke in support or in opposition.
Motion by Commissioner McLean, seconded
by Commissioner Carey to authorize staff to readvertise and reschedule a public
hearing to consider the Water Conservation Ordinance.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF AN
ORDINANCE INCREASING
Proof of
publication, as shown on page _______, calling for a public hearing to consider
an Ordinance amending the Seminole County Code, Section 245.123, Entitlement to
Additional Homestead Exemption, to increase the additional homestead exemption
for low income senior citizens from $25,000 to $50,000, received and
filed.
Lin Polk,
Budget Manager, addressed the Board to present the Ordinance.
Chairman
Henley advised this will be decreasing the County’s revenues by over
$600,000.
Commissioner
Van Der Weide stated this was voted upon by the citizens of the County and he
doesn’t see how the Board can do anything but adopt the Ordinance.
No one
spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt Ordinance #2007-17, as shown on page
_______, amending the Seminole County Code, Section 245.123, Entitlement to
Additional Homestead Exemption, to increase the additional homestead exemption
for low income senior citizens from $25,000 to $50,000, as described in the
proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
CHAIRMAN’S
REPORT
Chairman
Henley advised the Seminole County Purchasing & Contracts Division was been
awarded the Best Practice in Purchasing Award for 2007 and the Award of
Excellence. He congratulated the
employees for this recognition.
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Chairman
Henley advised the
Motion by Commissioner McLean, seconded
by Commissioner Dallari to approve a 7% increase on the base salary for
Under discussion,
Commissioner Carey stated she does believe Ms. Coto is doing a great job, but
in light of what is going on in
Chairman
Commissioner
Van Der Weide also agreed Ms. Coto has done a wonderful job; but he is
concerned about the state of flux in
Chairman
Henley stated Ms. Coto’s anniversary date has already passed.
Commissioner
Van Der Weide reiterated that this is not good timing; and said when the Board
does make a decision, the increase would be retroactive to her anniversary
date. He added that it is not a question
of whether she deserves it or not, but he believes it is the timing and the
creditability with the voters.
Commissioner
Carey pointed out that there is a hiring freeze on and the Board needs to look
at what they are going to do for the rest of the employees.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to table discussion and consideration of the
Districts
1, 3 and 5 voted AYE.
Commissioners
McLean and Henley voted NAY.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Dallari briefly discussed the Lee Ranch and the meetings he has had with Mr.
Lee and the St. Johns River Water Management District.
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Commissioner
Dallari stated he has had several calls from Chuluota residents about the rate
increase and water quality of Aqua Utilities.
He said he has referred the residents to the PSC.
Chairman
Henley advised the Health Department can test the water. He added that he also has been receiving some
calls on this.
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Commissioner
Dallari advised Kids House has been recognized by Walt Disney World and has
received the Bob Allen Award for community service.
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Commissioner
McLean advised Jason Brodeur has resigned from the Planning & Zoning
Commission and he would like to appoint Melanie Chase to replace him.
Motion by Commissioner McLean, seconded
by Commissioner Carey to appoint Melanie Chase to the Planning & Zoning
Commission for the remainder of the 4-year term of Jason Brodeur, ending
January 1, 2008.
Under
discussion, Attorney McMillan advised Ms. Chase is an alternate on the Board of
Adjustment; and, therefore, cannot serve on both boards.
Commissioner
McLean withdrew his motion, stating
he will contact Ms. Chase to see what she wants to do.
Commissioner
Carey withdrew her second to the
motion.
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Commissioner
McLean acknowledged that today is the last day of school and he congratulated all
the graduates.
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Commissioner
McLean advised of the fundraiser for Dakota Clancy (daughter of Tony Clancy of
Public Works) stating the employees raised $3,300.
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Commissioner
McLean reminded everyone that this weekend is Memorial Day and he acknowledged
all the veterans for their service to this Country.
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Commissioner
Van Der Weide requested Board approval to set up a 501C3 non-profit corporation
in order to help raise funds for the Hero’s Memorial.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to authorize the
Under
discussion, County Attorney McMillan advised a trust fund could be created,
such as the funds for Libraries,
Commissioner
Van Der Weide stated he wants to make sure that this stays a County project and
that the County maintains control of it.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Van Der Weide requested authorization to pursue the “Officer Down” grants for
the Hero’s Memorial, subject to the
The Board voiced no objections to same.
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Commissioner
Van Der Weide stated he believes there are problems with the County’s computer
leasing program and the Buy Back Program.
He relayed to the Board his experience with the Buy Back Program
(computers) about being over charged, double charged, and not receiving the
computer. He said he has received a
letter from the Pomeroy Company stating they cannot do anything about getting
his money credited on his credit card.
Ms. Coto
advised staff has spoken to Pomeroy and they have agreed to change their
policy.
Director
of Information Services, Colleen Rotella, addressed the Board to advise she has
spoken to the Vice President of Pomeroy and he has committed to changing the
policy so this situation will not happen again.
Commissioner
Van Der Weide stated he does not like the way this company is dealing with the
staff. Whereupon, Ms. Rotella stated she
will have further discussions with the Vice President in the near future.
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Commissioner
Van Der Weide advised the Port Authority has earmarked $1 million to come to
the County, with a request that $150,000 of that be contributed to the Small
Business Program at SCC.
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Commissioner
Henley advised his seven-year-old granddaughter has been elected President of
her class.
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Commissioner
Carey advised recently MetroPlan Orlando rejected a resolution (by an 8 to 8
vote) that would encourage cities and counties to install red light
cameras. She stated that Chairman Henley
and she voted against this resolution because they do not believe MetroPlan
should pass something like that. She
said everyone agrees that red light running is a problem, but she does not
believe the cameras are the answer. She
further advised studies have shown that by adding an additional second to the
yellow light, it has dramatically reduced the number of red light runners. Therefore, she requested staff look into the
timing of yellow lights in
No one voiced any objections to same.
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Commissioner
Carey suggested Commissioners who serve on regional boards discuss the
possibility of budget cuts pending the action by the State on Property Tax
Reform.
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Commissioner
Carey advised there will be a Memorial Day parade and ceremony in
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Commissioner
McLean advised Ms. Chase has indicated that she will resign from the Board of
Adjustment in order to serve on the Planning & Zoning Commission.
Motion by Commissioner McLean, seconded
by Commissioner Carey to appoint Melanie Chase to the Planning & Zoning
Commission to serve the remaining term of Jason Brodeur, term ending January 1,
2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms. Coto
asked for direction with regard to Federal and State Lobbyist Agreements (copy
of Memorandum dated May 16, 2007 from April Boswell was received &
filed).
Chairman
Henley stated he would like to delay consideration of the Federal Lobbyist
renewal until closer to August.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to delay consideration of the renewal of the
Federal Lobbyist Agreement with Alcalde & Fay at this time.
Districts
1, 2, 3, 4 and 5 voted AYE.
Discussion
ensued with regard to the State Lobbyist Agreement. Ms. Coto advised this agreement is expiring
in November and based on a 125-day selection process, she believes the staff
needs Board direction on how to proceed.
The Board voiced no objections to staff
proceeding with the preparation of an RFP for the State Lobbyist.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Memorandum
dated
2. Memorandum
dated
3. Copy
of Executive Order No 2007-2 declaring local State of
4. Memorandum
dated
5. Letter
dated
6. Memorandum
dated
7. Copy
of memorandum dated 05/09/07 to Cindy Coto, Co. Manager, from Sandy McCann,
Commission Records Supervisor, re:
Outstanding
8. Memorandum
dated
9. Copy
of letter dated
10. Letter dated
11. Notice and agenda for Seminole Co. Port
Authority meeting on
12. Contract for services, as shown on page _______,
between Seminole Co. Government and the following: Donald McCoy (Umpire Hooter’s Championship
Series); Steven Seither (Umpire Hooter’s Championship Series); Brian Morris
(Umpire Hooter’s Championship Series); Ray Schleichkorn (Umpire Hooter’s Championship
Series); Michelle Chapman (Scorekeeper Hooter’s Championship Series); Sandra
Field (Score Keeper Hooter’s Championship Series); Martin Koller (Score Keeper
Hooter’s Championship Series); Lawana Stewart (Scorekeeper, Hooter’s
Championship Series); Loy Awerey, Jr. (Umpire Slow Pitch Softball); Martin
Koller (Umpire Slow Pitch Softball); and Martin Koller (Scorekeeper).
13. Letter dated
14. Letter dated
15. Letter dated
16. Letter dated
17. Letter dated
18. Letter dated
19. Memorandum dated
20. Memorandum dated
21. Contract for services, as shown on page
_______, between Seminole Co. Government and the following: Arlee Jackson (Umpire Hooter’s Championship
Series); Richard-John Vazquez (Umpire Hooter’s Championship Series); and Clyde
Graham (Umpire Hooter’s Championship Series).
22. Copy of letters dated
CITIZENS
INPUT
Joanne
Lucarelli,
DISTRICT
COMMISSIONERS’ REPORTS, CONTINUED
Motion by Commissioner McLean, seconded
by Commissioner Dallari to adopt appropriate Resolution #2007-R-108, as shown
on page _______, commending Jason Brodeur for his service on the Planning &
Zoning Commission.
Districts
1, 2, 3, 4 and 5 voted AYE.
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There
being no further business to come before the Board, the Chairman adjourned the
meeting at 2:42 p.m., this same date.
ATTEST:_____________________Clerk_____________________Chairman
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