August 14, 2007
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:34 a.m., on Tuesday, August 14, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner Michael McLean (District 2)
County Manager Cindy Coto
Deputy Clerk Eva Roach
The Invocation was given by Pastor Wes Tanksley, Riverwalk Church of God, Sanford.
Commissioner Carey led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Brady, District Executive, Boy Scouts of America, addressed the Board to
present a Charter Certificate from the Boy Scouts of America for
The Certificate was presented to Chairman Henley who expressed his appreciation on behalf of the Board. He stated the Board appreciates what they have been doing with the Boy Scouts.
Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize and approve the following:
Purchasing and Contracts
2. Award CC-2116-07/JVP, as shown on page _________, in the amount of $169,222.00 to Paragon Development & Construction, Inc. of Orlando, Florida, for all architectural/engineering plans and specifications, labor, materials, clean fill dirt, machinery, coordination, local and State permits and all incidentals necessary for the demolition of the existing Charter Oaks/Tamarak wood board fence and the construction of a new 6 foot high brick wall, footer, pilasters and brick planters.
3. Approve ranking list and authorize staff to negotiate rates for PS-2051-07/BHJ - Continuing Professional Lake Management Services, with Environmental Research and Design, Inc. of Orlando, FL (Not To Exceed $499,000.00 per year).
4. Approve ranking list and authorize rate negotiations for
PS-2084-07/LKR - Architectural and Engineering Services for the Design and
Construction Administration of Jetta Point Park, with PBS&J of
5. Approve Proprietary Source Procurement, Award Miscellaneous Agreement M-600229-07/BJC, as shown on page _________, Socio-Economic Data Estimating and Projects - City/County Level, and authorize the issuance of Release Orders, with Urban Dynamics Corporation, Neptune Beach (Not-to-Exceed $50,000.00 per year for a 3 year term).
Business Innovation Technology Services
6. Pulled from the Agenda request
to approve and authorize the Chairman to execute the attached Intergovernmental
Work Agreement between
7. Approve Mutual Termination, as shown on page _________, of the
Conditional Utility Agreement for Sewer Service for the project known as Orange
Solid Waste Management
8. Approve and authorize the Chairman to execute Certificate of Public Convenience and Necessity, as shown on page _________, for Commercial Metals Company.
9. Approve and authorize the Chairman to execute the Grant Agreement,
as shown on page ________, between the Florida Department of Environmental
10. Approve and authorize the Chairman to execute the Grant Agreement,
as shown on page ________, between the Florida Division of Emergency Management
11. Pulled from the agenda request to approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Resolution (BAR) #07-72 to increase the Community Services Block Grant Fund in the amount of $9,090 and increase the General Fund Reserves in the amount of $225.
12. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2007-R-136, as shown on page _________, #07-82 to the
Self Insurance Fund in the amount of $895,000 to provide additional funding for
Insurance Claims against
13. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2007-R-137, as shown on page _________, #07-83 through
the FRDAP Grant Fund in the amount of $200,000 to increase funding for the
14. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2007-R-138, as shown on page _________, #07-84 through
the 2001 Infrastructure Sales Tax Fund in the amount of $18,990 to recognize
funding received from the City of
15. Pulled from the agenda request to approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) # 07-85 to the Sewer Connection Fees Fund in the amount of $95,751 to provide additional funding for the Greenwood Lakes Reclaim Tank 2.
16. Approve and authorize the Chairman to execute Budget Change Request #07-24 from the Emergency 911 Fund in the amount of $93,000 to cover communication expenditures through the end of FY 2006/07.
17. Approve and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _________, for which the final Genova Drive Water Service MSBU assessment payment has been received for Parcel 05-21-32-301-001F-0000; owner Freeman, Alphonzar.
18. Approve appropriate fee Resolution #2007-R-139, as shown on page _________, establishing a revised application processing fee schedule for the Municipal Services Benefit Unit Program.
19. Adopt and authorize the Chairman to execute appropriate Resolution #2007-R-140, as shown on page _________, establishing revisions to Section 22.10 of the Seminole County Administrative Code, as revised by the addendum.
Planning and Development
20. Approve and authorize the Chairman to execute the final plat for Heritage Commons, containing 89 townhome lots on an 11.42 acre parcel zoned PUD (Planned Unit Development), located on the east side of Dodd Road, approximately 250 feet south of Red Bug Lake Road, in Section 24, Township 21 S, Range 30 E, within Dodd Road Townhomes PUD; Beazer Homes Corp., applicant.
21. Approve and authorize the Chairman to execute the final plat for Markham Woods Enclave, containing 5 residential lots on a 6.10 acre parcel zoned A-1 (Agriculture), located on the west side of Markham Woods Road, approximately 1 1/2 miles north of Lake Mary Boulevard, in Section 2, Township 20 S, Range 29 E (King Builders, LLC, applicant).
22. Authorize the release of the Regency Estates Maintenance Bond
#41028975 in the amount of $100,063.15 for the Regency Estates, a/k/a
23. Authorize the release of the Magnolia Pointe Subdivision Private Road Maintenance Agreement and Irrevocable Letter of Credit in the amount of $20,313.00 for the Magnolia Pointe Subdivision road improvements.
24. Authorize the release of the Vihlen Road ROW - Kay's Landing Right-of-Way Utilization Permit Maintenance Bond #929365718 in the amount of $16,646.32 for the Vihlen Road ROW - Kay's Landing road improvements.
25. Approve and authorize the Chairman to execute the 2 lot minor plat for Culbreth Subdivision located on a 2.2 acre parcel zoned RC-1 (Country Homes) on Carter Road, west of Markham Woods Road, in Section 02, Township 20 S, Range 29 E (Darryl Culbreth, applicant).
26. Approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page _________, between Seminole County and the City of Casselberry for the provision of animal control services and accept the transfer of the City of Casselberry's Animal Control inventory to the County to become effective upon signatures of all parties, or August 1, 2007, the latter of the two; and approve and authorize the Chairman to terminate the existing Interlocal Agreement dated October 23, 2001.
27. Approve and authorize the Chairman to execute Easement Number 3107,
as shown on page _________, from the Board of Trustees of the Internal
Improvement Trust Fund of the State of
28. Adopt appropriate Resolution #2007-R-141, as shown on page
__________, and authorize the Chairman to execute an Airspace Agreement and
Addendum, as shown on page __________, with the Florida Department of
Transportation for construction and maintenance of the General Hutchison
Pedestrian Overpass conveying the Cross Seminole Trail across
29. Adopt appropriate Resolution
#2007-R-142, as shown on page __________, and authorize the Chairman to execute
a Locally Funded Reimbursement Agreement - Supplemental Amendment Number 2, as
shown on page __________, with the Florida Department of Transportation for
Under discussion and upon inquiry by Commissioner McLean, Lisa Spriggs, Fiscal Services Director, addressed the Board to explain how the Workers’ Compensation Insurance Claim Settlements (Item #12) are handled. Commissioner McLean requested staff to check with the insurance carrier to see if it is a traditional approach in fronting the costs. Ms. Spriggs stated this is something that she and the Administrative Services Director have discussed and she believes they are checking into it.
Stone, Public Safety Director, addressed the Board to inform Commissioner
McLean that the inventory from the City of
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Dallari to authorize and approve the following:
30. Expenditure Approval Lists, as shown on page ________, dated July 2, 9, and 16, 2007; and Payroll Approval List, as shown on page _________, dated July 12, 2007; 2006 Property Tax Roll Final Report, as shown on page _________; BCC Official Minutes dated June 26, 2007; and noting, for information only, the following Clerk's "received and filed":.
1. Maintenance Bond, as shown on page _________, for water and sewer facilities in the amount of $14,720.74 for the project known as The Villas at Chase Grove.
2. Work Order #13, as shown on page _________, to PS-0381-06.
3. Seventh Amendment, as shown on page _________, to IFB-3089-04.
4. Intergovernmental Cooperative Agreement and Affidavit, as shown on page _________, regarding authenticity for the purpose of providing insurance through Public Risk Management of Florida.
5. RFP-600155-07, as shown on page _________, Truck Purchase Agreement with Don Reid Ford, Inc.
6. RFP-600166-07, as shown on page _________, Truck Purchase Agreement with Don Reid Ford, Inc.
7. Purchase Agreement Settlement Authorization, as shown on page __________, with Robert W. and Elizabeth Witt for Parcel #754 pursuant to binding written offer approved by the BCC on June 12, 2007.
8. Purchase Agreement Settlement Authorization, as shown on page _________, with James G. and Lois S. Craigo for Parcel #751 (Parts A and B) pursuant to binding written offer approved by the BCC on June 12, 2007.
9. Work Order #11, as shown on page __________, to CC-1075-06.
10. Fifth Amendment, as shown on page _________, to RFP-4188-01.
11. Amendment #1, as shown on page __________, to Work Order #23 to RFP-4241-05.
12. RFP-600192-07 Term Contracts, as shown on page __________, for Web Programming Services with Sharon Cameron and Virtual Media & Associates.
13. Work Order #41, as shown on page _________, to CC-1267-05.
14. Work Order #9, as shown on page _________, to PS-1529-06.
15. Maintenance Agreement and Letter of Credit, as shown on page _________, for water and sewer facilities in the amount of $8,275 for the project known as Willa Springs Office Park Phase 2.
Basic Contract, as shown on page _________, with The Appraisal Group of
17. Amendment #1, as shown on page _________, to Work Order #4 to CC-1284-06.
18. Satisfactions of Connection Fees, as shown on page _________, for the projects known as CA Stone Restaurant A (Macaroni Grill); Fairwinds Credit Union (Tuskawilla); and Gassy Jacks.
Utility Agreements, as shown on page __________, for water and sewer services
with Indrunas Enterprise LLC for the project known as
20. M-2370-07 Basic Contract, as shown on page __________, with Cathcart Contracting Company.
21. Change Order #1, as shown on page _________, to CC-1636-06 (Work Order 17815).
22. Work Orders #1, #2 and #3, as shown on page __________, to M-2189-07.
23. Work Order #7, as shown on page __________, to PS-1501-06.
24. First Amendment, as shown on page _________, to IFB-600172-07.
25. Amendment #18, as shown on page _________, to PS-332-96.
Opinion and Standby Letter of Credit #319913, as shown on page _________, in
the amount of $323,341.59 for the project known as The Parke at
27. Work Order #20, as shown on page _________, to PS-5190-05.
28. Work Order #9, as shown on page _________, to RFP-0013-06.
29. Work Order #5, as shown on page __________, to CC-1284-06.
30. BOA Development Orders, as shown on page __________, as follows: Donald & Susan Reed variance; Stephanie & Glen Roberts variance; Frances Bowles variance; CMH Homes, Inc. variance; Michael & Jane Moreschi variance; Lisa Randall variance; Daniel & Dori Hicks variance; Donald Carter variance; Kenneth Broudy variance; Miguel & Evelyn Chico variance; Twean Subsidiary LLC special exception; Civic Association of West Lake Brantley special exception; River Run Christian Church special exception; Leonardo Rivera width at building line; Todd Richard variance; Mark & Lynn Buck variance; Dan Marsden variance; Kevin Pederson variance; William McDonald special exception; Kent & Sandra Calder special exception; and Heathrow Oaks variance.
31. Denial Development Order #07-3100003, as shown on page __________, Debbie Moon special exception.
32. Development Order #07-50000003, as shown on page __________, Earl & Louise Blackwelder guesthouse.
33. Utility Easement, as shown on page _________, for Wekiva Presbyterian Church.
34. Conditional Utility Agreement, as shown on page __________, for water service for Girls & Boys Town of Central Florida.
35. Bill of Sale, as shown on page _________, accepting water system for the project known as Dunn & Savastano Dental Office.
36. Bill of Sale, as shown on page _________, accepting water and sewer systems for the project known as Banyon Pointe.
37. Utility Easement, as shown on page _________, with JEMM Construction, LLC for the project known as Lot A Sanlando Estates (Gum St.).
38. Amendment, as shown on page _________, to Conditional Utility Agreement for water service with The El Enoch Group for the project known as Off Broadway Lot 1, Earth Care.
39. Conditional Utility Agreement, as shown on page __________, for Potable and Reclaimed Water Service with Samy Realty, Inc. for the project known as Chateaux of Markham.
40. Conditional Utility Agreement, as shown on page __________, for Potable and Reclaimed Water & Sewer Service with KMT Development LLC for the project known as Long Pond.
41. Bill of Sale and Warranty Deed, as shown on page __________, accepting reclaimed and potable water and sewer systems for the project known as Grand Oaks.
42. Conditional Utility Agreements, as shown on page __________, for Water and Sewer Service with Kopez Investments LLC for the project known as Little Pros Daycare/Office.
43. Utility Agreements, as shown on page _________, for Water and Sewer Service with Florida Bank of Commerce.
44. Third Amendment, as shown on page __________, to RFQ-4143-01.
45. Certificate of Completion, as shown on page __________, for CC-1154-06.
46. Amendment #1, as shown on page ___________, to Work Order #3 to PS-5181-05.
47. Work Order #13, as shown on page __________, to PS-5182-05.
48. Certificate of Completion, as shown on page ____________, for DB-608-04.
Consultant Services Agreement, as shown on page _________, with Gerson,
Preston, Robinson & Company, P.A. re:
50. Bids as follows: 600215-07; PS-2108-07; and RFP-600209-07.
Districts 1, 2, 3, 4 and 5 voted AYE.
Bob Briggs, Environmental Services Financial Manager, addressed the Board to request approval to fund the initial phase of the Cross Connection Control Plan with implementation of rate change to coincide with the initiation of individual phase activities. He displayed a PowerPoint Presentation (received and filed) and began reviewing the Cross Connection Control Five-Phased Program enabling the County to meet existing regulatory requirements; Costs per Phase; Alternative Partial Funding Sources; Summary of the Cross Connection Control Program; Conclusions/ Recommendations; and Summary of Recommendations. He reviewed the implementation of the Funding Strategy.
Commissioner Carey stated she has a problem with the delinquent turn off increase because those are the people who are struggling the most. She said with regard to the meter fees, they will be going to a new meter and the cost to install them continues to go up. She asked if staff looked at increasing the $170 fee. Discussion ensued relating to the meter set fees and delinquent fees.
Mr. Briggs informed Commissioner Carey that the basic meter sets are going out to bid and staff doesn’t know what the final numbers will be.
Ms. Coto stated as part of this presentation staff was instructed to look at the Cross Connection Control Program and how they would fund those associated costs. She recommended that staff bring back any other fee adjustments as it relates to the overall program at a subsequent date.
Upon inquiry by Commissioner Carey, Mr. Briggs advised the only thing staff is asking to do is to initiate on January 1st a $5.00 increase to the account initiation and the delinquent turn off rate. He stated staff will come back to the Board at some point for the actual adoption of the late fee.
Upon inquiry by Commissioner Dallari, Mr. Briggs advised staff is anticipating the bids for the meters will come back in three to six months.
Gary Rudolph, Utilities Manager, addressed
the Board to advise the County has an existing contract with
Commissioner Carey stated she is not willing to increase the delinquent turn-off fee. She stated she would rather increase the account initiation fee rather than compound the problem with those people who had their water turned off.
Chairman Henley stated he would like to know how much adjustment it would take to offset the revenue generated by the $10.00 late fee increase.
Commissioner Carey recommended increasing the initiation service to $27.50. Discussion ensued.
Chairman Henley recessed the meeting at 10:05 a.m. to allow staff time to recalculate the initiation service fee. The Chairman reconvened the meeting at 10:15 a.m.
Mr. Briggs stated staff would recommend the Board adopt increasing the initiation fee to $30.00 with the delinquent fee to remain the same.
Motion by Commissioner McLean, seconded by Commissioner Carey to approve a $10.00 increase in the initiation service fee of the Cross Connection Control Plan with no change in the delinquent turn-off fee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tina Williamson, Acting Planning Manager, addressed the Board to present request to reduce the Code Enforcement Lien from $25,200 to $797.97 on property located at 1251 Dunbar Avenue, Lake Monroe, Toshia Blake (Case #06-85-CEB). She stated the respondent, Ms. Blake, is requesting that the lien be reduced due to the fact that the mailbox was closed and she was unaware of the violation. Staff recommends that the lien be reduced as Ms. Blake brought the property into compliance in less than 30 days after becoming aware of the violations.
Upon inquiry by Commissioner Carey, Ms. Coto advised she doesn’t believe the County is recapturing all of the costs. She stated the direction by the Board in 1998 was there were three different tiers associated with Code Enforcement Board liens as to what category they fell into. In all cases, the County needed to recoup the costs associated with the Code Enforcement officers and any other staff time associated with that. She stated based on their discussions yesterday, staff will be going back to look at those numbers to determine whether or not their costs are recaptured.
Commissioner Carey stated she would like to see this changed to make sure that they are recouping the costs.
Motion by Commissioner Carey, seconded by Commissioner Dallari to approve reducing the Code Enforcement Lien from $25,200 to $797.97 on property located at 1251 Dunbar Avenue, Lake Monroe, Toshia Blake (Case #06-85-CEB), and require these costs to be paid within 60 days or the lien will revert to its original amount ($25,200), and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien.
Districts 1, 2, 3, 4 and 5 voted AYE.
Jeff Hopper, Planning, addressed the Board to present request to authorize scheduling and advertising public hearings to consider an amendment to the Land Development Code of Seminole County establishing a new Sunset Date for the East Collector Road Impact Fee District. He reviewed the current revisions of the Code as outlined in the agenda memorandum.
Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize the Planning & Development Director to schedule and advertise public hearings to consider an amendment to the Land Development Code of Seminole County establishing a new Sunset Date for the East Collector Road Impact Fee District.
Districts 1, 2, 3, 4 and 5 voted AYE.
Dori Debord, Planning & Development Director, addressed the Board to present request to schedule and advertise a public hearing to consider amendments to the Land Development Code of Seminole County relating to school impact fees.
Chairman Henley stated he believes staff was instructed to go back and review the previous meetings to make sure the Board received answers to their questions.
Debord stated the Board has received three documents (not received and filed). One was a book submitted by the School Board
in June. The second is the Comprehensive
Annual Financial Report (CAFR) from the School Board, and the third is the presentation
of materials that the School Board gave to the Planning & Zoning (P&Z)
Commission during the July 11 meeting.
The P&Z voted 7-0 to find that the proposed amendments were in
compliance with the Comprehensive Plan, and then they voted 4-3 to recommend approval
of the Impact Fee Ordinance with a revised fee structure. That recommendation included the escalator
clause. During the BCC meeting in May,
there were a number of questions addressed regarding where the money will come
from. The one question the BCC asked did
the study account for the two-year slow down, and from what she can see, it did
not take into account a projected decrease in student population. It showed a slight increase of 1.6 or less in
student population over the next several years.
She stated she hasn’t found a reference in the material to counties that
had sales tax fees and impact fees. Collier,
Manatee, Volusia, St. Lucie, Desoto, Glade, Flagler,
George Kosmac, Deputy Superintendent, Seminole County Schools, addressed the Board to explain for Chairman Henley what a one-story elementary learning center is.
Chairman Henley stated when he looks at the growth number in the report, he doesn’t see any significant growth in some of the schools.
Kosmac stated there seems to be a fair amount of turnover of the more established
neighborhoods. The School Board has looked
at new enrollments since January 2007 and he expected to see much of those new
enrollments in the
Chairman Henley stated the Board has concerns about whether impact fees would be used for something that wasn’t a result of new growth. He stated when he looks at the student capacity, it doesn’t indicate growth in those areas. When he looks at the book under the five-year survey recommendations, many times there are no recommendations shown by the survey, but renovations are being made in some of these areas.
Scott Stegall, Seminole County School Board, addressed the Board to inform Commissioner Carey that the Plant Survey captures the data and the report is generated from that data. There is no additional information. He stated they need to look at what was happening to the schools ten years ago when they were over capacity. Discussion ensued.
Upon inquiry by Chairman Henley, Bill Vogel, Superintendent of Schools, addressed the Board to state the Legislature sets the millage and they have decreased it every year. He stated the School Board has a $4.9 million shortfall because of a loss in State revenue.
Commissioner Carey stated impact fees can only be used for the results of new growth. She stated she doesn’t know how impact fees can be used to add facilities when there is a declining enrollment.
Upon inquiry by Commissioner Carey, Mr. McMillan advised the School Board is supposed to submit an annual report of the impact fee spending to the BCC. He clarified that the School Board can spend the current impact fees on anything that is growth related from the 1992 base line. He stated in looking at the increase, it is going to the growth from what is adopted. He said he is not sure it is a direct correlation to what they did at a school last year versus what happened last year. There is a timeline relative to where they are using current impact fees as long it is growth from a baseline adoption. Impact fees can be used for deficit correction. The new people coming in cannot be charged twice to what was charged in the past to make up the capacity that wasn’t provided to the people who are already here.
Mr. Kosmac stated since the study was done, the construction costs have increased and they were using the latest available student projections for the capital outlay FTE from last year. That is growing and they anticipate an even lessening of the growth and that mainly reflected the cost increase of construction.
Commissioner Dallari stated if they use the base line, the rate that is being used now cannot be increased because everyone needs to be paying their equal fair share of the base line.
Mr. McMillan stated the increased fees will only be paid by the new construction and that would also be based on student population.
Commissioner Dallari stated the first question that needs to be asked is what is the projected growth of new population of students, and what is the projected amount of new construction for that.
Chairman Henley stated there is no question that it has to be new growth oriented. He stated if they implement this and collect the money and the population continues to decline, will they be able to spend that money if no growth is shown. He asked if they collect the money on the basis of county-wide growth instead of school growth, how will they justify spending the money.
Mr. McMillan stated they can use the money to build capacity if there is a need generated by growth. He stated the Code provides that if there is no place to spend it because the growth stops and they have to spend it within six years, then the people can petition for return of the fees.
Mr. Kosmac stated the School Board does not have a large balance in their impact fee account. The growth areas are identified and those fees are spent. Discussion ensued.
Commissioner Van Der Weide stated his biggest concern is the Board has talked against the cost of indexing and the P&Z recommended approval by a 4-3 vote. He stated he is not interested in scheduling a hearing to include that in the ordinance. He said he is not against scheduling the public hearing, but he would like that removed from the ordinance.
Carey stated she believes everyone agrees that they want to continue to have
great quality schools in
Upon inquiry by Commissioner Carey, Mr. Stegall advised the cost per student station runs around $9,000 to $13,000. The construction design includes furniture and equipment including the costs necessary to set up a school.
Commissioner Van Der Weide stated the end result is if they raise the impact fees, then every home in the County will increase in taxable value. Discussion ensued.
Upon inquiry by Commissioner Dallari, Mr. Kosmac advised the School Board redid the report on June 21 and they used the latest available numbers from the Dept. of Education. He explained how they projected the numbers.
Upon inquiry by Commissioner Carey, Mr. Kosmac advised the School Board has a 10-year chart of actual numbers.
Mr. Stegall explained how the operating money and capital funds are calculated.
Commissioner McLean stated he believes it would make sense to delay this until they can see what that trend is and what impact it will have on those numbers.
inquiry by Chairman Henley, Mr. Vogel advised last year was the first year of
declining enrollment. He stated MyRegion
indicated that the population is still growing in this area and they have been
reluctant to come forward with any study that talks about student
enrollment. A good portion of the
numbers are based on construction costs and there are areas in the County that are
growing substantially. He said he feels
they need to move forward. Their
facilities are very attractive, and public education is a real draw to people
Commissioner Carey stated she feels that by October, the School Board will have a better idea what has happened from the beginning of the school year. She further stated the public hearing may need to be scheduled in November in order to give them time to look at the October numbers.
Mr. Kosmac stated they can continue to ask these questions, but at the same time the construction costs are increasing and enrollment is changing all the time. He stated their rates are based on 1992.
Chairman Henley stated the thing that concerns him is if they use inflated numbers to justify this, it could work against them. The numbers need to be accurate from the standpoint of what they are going to base it on.
Upon inquiry by Chairman Henley, Mr. Kosmac advised this is probably the worst time to discuss a sales tax increase. He stated his thought is they should await the expiration of the current 1-cent infrastructure tax and hopefully get a renewal of the ˝-cent sales tax.
Commissioner Van Der Weide left the meeting at this time.
Commissioner Carey stated she is in favor of scheduling the public hearing, but she would like to have it at the time when they can get the October numbers.
Chairman Henley stated the main information the Board is requesting is the student enrollment.
McLean stated the BCC wants to find a way to make this work, but they need some
numbers where they can justify to the citizens of
Commissioner Van Der Weide reentered the meeting at this time.
Mr. Kosmac stated the State processes the numbers during the second month of school and it is submitted to the School Board in early November. He advised that the impact fee study is not based on the real student count; it is based on the capital outlay FTE number. The operating FTE number will be available in October. He said they can recalculate it when they get their new numbers and then wait to do the student enrollment count.
Upon inquiry by Commissioner Dallari, Mr. Kosmac advised they can rerun the formula based on the August numbers, and then use the October numbers as a checks and balance.
Commissioner Van Der Weide stated he feels everything will be clearer by the second meeting in October. He stated he feels they should take the cost of indexing out of the ordinance and look at it further.
Mr. Kosmac stated the School Board will want to bring their impact fee consultant in to explain the methodology in the best way possible. He stated they can schedule a meeting with the consultant earlier than October to give the Board an update on the latest numbers.
Chairman Henley stated the Board can schedule the public hearing during the second meeting in October, and then schedule a meeting with the consultant to update the Board.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize scheduling and advertising a public hearing on October 23, 2007 to consider amendments to the Land Development Code of Seminole County relating to school impact fees.
Under discussion and upon inquiry by Commissioner Carey Commissioner Van Der Weide clarified the motion does not include the escalator clause.
Ms. Coto stated she understands that the School Board will rerun the impact fee analysis based upon the numbers they receive this month, and they will also provide the October numbers.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tom Helle, Acting Building Official, addressed the Board to present request to authorize scheduling public hearings to consider amendments to the Seminole County Land Development Code relating to flood prone properties. He reviewed the proposed ordinance updates to current FEMA standards as outlined in the agenda memorandum. If staff is authorized to proceed, the P&Z Commission public hearing for the proposed amendments will be held on September 5, 2007, and the BCC public hearing will be held on September 25, 2007. Staff recommends approval of the request.
Upon inquiry by Commissioner Carey, Mr. Helle advised he has reviewed this with the Stormwater Engineers and any revisions to this ordinance will be submitted prior to the hearings.
Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize the Planning & Development Director to schedule and advertise public hearings to consider amendments to the Seminole County Land Development Code relating to flood prone properties.
Districts 1, 2, 3, 4 and 5 voted AYE.
Dori Debord, Planning & Development Director, briefed the Board on the draft Interlocal Agreement and the Public School Facilities Element. She stated staff was authorized to come up with an Interlocal Agreement that laid out not only the terms for school concurrency but how they would work together on a variety of issues. Staff was also authorized to come up with a Comprehensive Plan element (school facilities element) to address school concurrency, level of service, district school locations, sightings and various other activities listed in the Statutes. After a number of people stepping in to make this happen, an interlocal agreement with the cities and the School Board will be presented at the next BCC meeting. She reviewed what this interlocal agreement will lay out with the School Board.
Commissioner Carey stated the BCC has worked with the School Board since 2003 to try to address some of the growth issues. The most important thing she sees is the early sighting of potential future school sights. She said she is looking forward to see if this moves forward.
The Chairman recessed the meeting at 11:49 a.m., reconvening at 1:35 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner McLean, to authorize filing the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
CELERY AVENUE AT
AND REZONE/HARLING, LOCKLIN & ASSOC.
Proof of publication, as shown on page _______, calling for a public hearing to consider transmitting to the Department of Community Affairs the requested Large Scale Future Land Use Amendment from Suburban Estates (SE) to Low Density Residential (LDR) and Rezone from A-1 (Agriculture) to R-1 (Single-family Dwelling) and R-1A (Single-family Dwelling) for property of 16.34+/- acres, property located on the south side of Celery Avenue, approximately 600 feet east of Beardall Avenue,; Harling, Locklin & Associates, received and filed.
Austin Watkins, Senior Planner, addressed the Board to present the request, stating the Planning & Zoning Commission on July 11, 2007, voted 7 to 0 to recommend transmittal of the land use and rezoning request. Staff is also recommending the Board transmit the request to the Department of Community Affairs.
Hugh Harling, Harling, Locklin & Associates, applicant, addressed the Board to state they agree with the staff comments and he is available to answer any questions.
No one spoke in support or in opposition.
Chairman Henley acknowledged an e-mail (copy received and filed) received from Bill and Nancy Tyre in opposition to the request.
District Commissioner Carey explained the reason for the split zoning on this property.
Motion by Commissioner Carey, seconded by Commissioner McLean, to transmit to the Department of Community Affairs the requested Large Scale Future Land Use Amendment from Suburban Estates (SE) to Low Density Residential (LDR) and Rezone from A-1 (Agriculture) to R-1 (Single-family Dwelling) and R-1A (Single-family Dwelling) of 16.34+/- acres, property located on the south side of Celery Avenue, approximately 600 feet east of Beardall Avenue,; as described in the proof of publication, Harling, Locklin & Associates, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
VACATE AND ABANDON/THE SCHOOL
Public hearing for adoption of a Resolution to vacate and abandon that portion of the unimproved public rights-of-way known as Spruce Street, Linden Avenue, and Walnut Avenue, and two 14.00 feet wide unnamed alleys as shown on the plat of Replat of Section No. 1, Sanford Grove, as recorded in Plat Book 4, Page 21, Public Records of Seminole County, Florida; located north of SR 46 and east of Brisson Avenue, in Section 32, Township 19 S, Range 31 E; The School Board of Seminole County, was considered.
Chairman Henley advised staff has pulled this request and it is to be brought back before the Board on August 28, 2007.
No spoke in support or in opposition to continuing this item.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to continue to August 28, 2007, the request to consider adoption of a Resolution to vacate and abandon that portion of the unimproved public rights-of-way known as Spruce Street, Linden Avenue, and Walnut Avenue, and two 14.00 feet wide unnamed alleys as shown on the plat of Replat of Section No. 1, Sanford Grove, as recorded in Plat Book 4, Page 21, Public Records of Seminole County, Florida; located north of SR 46 and east of Brisson Avenue, in Section 32, Township 19 S, Range 31 E; The School Board of Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDMENT AND REZONE/MIKE DOWD
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Small Scale Future Land Use Amendment Ordinance from Low Density Residential (LDR) to Planned Development (PD) and a Rezone Ordinance from A-1 (Agriculture) to PUD (Planned Unit Development), for 1.46+/- acres located at the southeast corner of State Road 426 and East Red Bug Road; Mike Dowd, received and filed.
Mr. Watkins presented the request, stating the Planning & Zoning Commission on July 12, 2007, voted 7 to 0 to recommend approval of the requested amendment and rezoning. Staff is also recommending the Board approve the amendment and rezoning.
Upon inquiry by Commissioner Carey, it was clarified that the applicant is no longer including uses that would require the approval of a special exception by the Board of Adjustment.
Commissioner Dallari affirmed with Mr. Dowd that the request he read this afternoon supersedes the previous request outlined in the agenda packet.
Chairman Henley acknowledged an e-mail (copy received and filed) from Debi Jakubcin in opposition to the request.
Chairman Henley advised Mr. Rose that a lot of the uses originally requested are not going to be allowed. Commissioner Dallari explained that the request has been changed to be more a residential commercial project.
Mr. Rose asked, regarding the traffic, if a cross cut had been approved by DOT. Commissioner Dallari said not to his knowledge. He further explained that at this time the Board is considering just the zoning and the applicant will still have to obtain site plan approval.
Mr. Rose said they would still be opposed at this time.
No one else spoke in support or in opposition.
Speaker Request Form for Mr. Rose was received and filed.
Carey asked if the access for this site is proposed to come along
Watkins said from the current site plan, it looks like the access will be off
Tina Williamson, Planning, addressed the Board to state there are two access points proposed at this time. She further advised Commissioner Carey that she believes there is a driveway to the south of the site and it is not an actual right-of-way. She said the applicant is still asking for Office and Restricted Neighborhood Commercial zoning.
District Commissioner Dallari stated he feels this is applicable zoning as it is in a neighborhood zoning and on a four-laned, divided road.
Motion by Commissioner Dallari, seconded by Commissioner McLean, to adopt Ordinance #2007-30, as shown on page _______, approving a Small Scale Future Land Use Amendment from LDR (Low Density Residential) to PD (Planned Development); and Ordinance #2007-31, as shown on page _______, rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) 1.46+/- acres located at the southeast corner of State Road 426 and East Red Bug Road; and approve Development Order, as shown on page _______; as described in the proof of publication, Mike Dowd; based on staff findings and changes the applicant voluntarily made today.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Henley advised he received a notice of the first meeting of the Commuter Rail Commission on August 29. He believes this will be hosted at MetroPlan.
Chairman Henley said he has given Ms. Coto information dealing with the Centennial Census that the Governor asked if the County wished to provide input on. He said he assumes the County will want to have input since monies are based upon the outcome of that.
Ms. Coto said Ms. DeBord has been identified as the liaison, and she believes a preliminary meeting was held a couple of months ago and staff attended that. She said it is through Ms. DeBoard’s office that she will be coordinating the 2010 census update.
Chairman Henley stated he had a conversation yesterday with Mayor Dyer regarding the Homeless Coalition for the region. He advised the County did have some concerns. Mayor Dyer said they have a Memorandum of Understanding with tourists that deals solely with funding the total structure of the organization, and Chairman Henley said the County felt that ought to be finalized. They have hired a consultant to oversee the work and County staff will provide some input, assuming the Board still wants to be a part of the Coalition.
Commissioner Dallari said he thinks it is important that the Board continues to support this effort. He believes the Memorandum of Understanding should have a time line so they know when this is going to be finalized.
Chairman Henley said Mayor Dyer has been in touch with Arnold Schneider, Assistant County Attorney, and he asked Mr. Schneider to draft a letter based on the County’s concerns, his meetings and the Chairman’s conversation, so that will be sent to Mayor Dyer. He said there will not be a lot of money involved for the County, but there will be some staff time.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
of letter dated
Assessment Report for the
10. Copy of letter dated
11. Copy of letter dated
12. Letter dated
13. Letter dated
14. Copies of letters dated
15. Letter undated to Property Owner from Ross Robert, Chairman-Sanford
Planning & Zoning Commission, re: Conditional Use public hearing on
16. Copy of letter dated
17. Copy of letter dated
18. Copy of letter dated
19. Letter dated
20. Letter dated
21. Letter undated to Property Owner from City of
22. Contract for services, as shown on page _______, between Seminole County Government and Joseph Wallbank (Umpire).
23. Letter dated
24. Letter dated
25. Copy of letter dated
26. Copy of letter dated
27. Copies of letters dated
28. Letter dated
29. Copy of letter dated
30. Copy of memorandum dated
31. Memorandum dated
32. Letter dated
33. Copy of letter dated
34. Copy of letter dated
35. Letter dated
36. Meeting notice and agenda for Seminole County Port Authority
37. Copies of letters of various dates from Tad Stone, Director of Public Safety, re: Appreciation for recent donations to the following: Lauren Forney; William Merdian; Joni Lowther; Linda Kelley; Pamela Young; Alex Moses; Stephanie Powers; James Oberlin; Eileen Glasco; Ivonne Rodriguez; Lake Mary Veterinary Clinic; Marlene Miranda; Bruce Weinger; Saulyne Bond; Charlotte Cascardo; Cornelia Dietzel; Paula Donovan; Barbara Ellis; Sandra Fernandez; Mark Geyer; Tobe Harris; George Landgrabe; Charlotte Ledbetter; Lorne Malo; Linda McKenzie; Barbara Miller; Gabby Morrit; and Debbie Murdock.
DISTRICT COMMISSIONERS’ REPORTS
Carey updated the Board on reports coming from the Department of Health. She said one of the issues of the Wekiva
Basin Commission Study Group was nitrogen loads to the
Commissioner Carey announced that the big Zoo Fundraiser of the Year will be held on August 25 at the Lake Mary Marriott.
Commissioner Carey said today she and Sheriff Eslinger finalized the plans for the Second Annual Domestic Violence Awareness Luncheon to be held on October 4, 11:30 a.m. at the Lake Mary Marriott. The speaker this year will be Denise Brown, sister of Nicole Brown Simpson. This is a fundraiser for Safe House of Seminole.
Commissioner Dallari announced that the Willa Grove Wall is now complete, and he is getting phone calls from the residents in that subdivision. He expressed their thanks to the Commission for helping the residents.
Dallari said the Progress Energy community reception for their new hydrogen
fueling facility in
McLean complimented April Boswell and her team on the recent Golf Tournament to
Commissioner McLean said last week he attended the myRegion.org session for putting together all the compacts the County and other governments have signed. This was very well attended. The Secretary of Transportation was there to say this was a great idea and he hopes they find the funding.
Commissioner McLean distributed information (not received and filed) to the Commissioners on “How Shall We Grow?” with the question, “What can I do as an individual to help the proper and managed growth in our community?” He said this gives ideas for answering when people ask those types of questions.
Commissioner McLean said he attended and spoke at the Central Florida Hotel and Lodging Association’s Governmental Committee meeting. One subject they talked about was the convention center. A lot of the members in this group run substantial hotels in the Disney area and, knowing the County is in the midst of dealing with the RFP process and trying to determine the scope, they offered to be of assistance to the County.
Commissioner McLean said he and Commissioner Dallari attended the Commuter Rail Committee’s signatory reception. He received a whistle trinket and Commissioner Dallari received an engineering hat. He said this is a great moment for the region to move into the area of alternate transportation.
Commissioner Van Der Weide showed his hat which reads, “S.C.A.V.A.C. We Care” and said he is working diligently on the Heroes’ Memorial. He met Saturday with the Veterans group for the second time, and they voted to endorse the project and gave him the hat to wear which identifies the Seminole County Area Veterans Advisory Council. He said this group represents all the veteran groups in the County. He said there was a gentleman who committed to double his $500 contribution to the Veterans’ memorial, so they are “off and running” with $1,500 committed at this time. He stated the funds to build the memorial will come from the public, and he feels it will be very successful and beneficial to the local citizens. He said the Board will be hearing more about this soon.
Van Der Weide thanked Commissioner Carey for announcing the Black Tie
fundraiser at the Zoo. He said as the
liaison, he has been working on that and has contributed a week’s stay at his
Commissioner Van Der Weide announced the Veterans Day Parade Ceremony and Luncheon will be held on November 11, 10:00 a.m. in Downtown Sanford and is sponsored by the Seminole County Area Veterans Advisory Council.
Coto asked April Boswell, Assistant County Manager, to advise the Board of the
recent events in
Boswell stated they have heard that
Ms. Coto said the first information from the State Library Association indicated the County would lose all its funding. Staff received an e-mail just recently that indicated the State is looking at dispersing it differently among counties. She said they will be sending letters to the Legislative Delegation letting them know the County’s position as each of these items come up.
Carey said it is important to communicate in writing to the legislators
regarding these issues before they go to
Commissioner Dallari asked if they can also inform the legislators of the things the Board will have to cut and the limited amount of funding the County now has. Commissioner Carey added to inform them of how much the Board has already cut from the budget.
Coto advised that Dori DeBord, Planning Director, and Guy Minter, Deputy County
Attorney, attended the City of
DeBord stated the map is not official yet as they are still working out the
finer details. She showed the area she
had originally talked to the City staff about and where it was extended at last
night’s meeting. She explained the
boundaries run from Highway 17-92 to SR 436.
It was decided that rather than parcel out any particular piece of this neighborhood
in the community, they would run the boundary along
McLean asked if the time schedule for the JPA will affect the disposition of
Coto advised Commissioner McLean that she thinks staff will know more on July
27, the date for continuance of the annexation hearing. Ms. DeBord said the City did not say anything
last night about the July 27 meeting; and their Planning Director said at this
time, there was nothing on their agenda for an additional item on
Mr. McMillan said it happened before that City staff pulled an item from the agenda. He said he will monitor what is on the City’s agenda when it is published.
DeBord explained on the boundary to Chairman Henley that staff did not want to
get into the City of
Commissioner Van Der Weide asked if staff could report to the Commission on the potential consequences of a “brown field” area being declared in the County and what affect that would have on real estate values. He asked if they could get a real estate expert to look at that. He said this is being discussed in certain areas.
Commissioner Dallari said there will be a joint meeting between the RPA and the BCC and that will be one of the topics discussed if the Chairman approves the agenda.
Ms. Coto stated she had said in two weeks she would schedule a budget follow-up meeting and she met with Lisa Spriggs, Fiscal Services Director, and they believe they can add the follow-up meeting to one of the BCC’s regular agenda instead of having a special session. She said either the last meeting in August or the first BCC meeting in September, staff will hold the budget follow-up to finalize that before the public hearing.
Ms. Coto reminded the Board that the Risk Management meeting will be held at 4:00 p.m. this date.
Following a brief discussion about possibly convening the Risk Management meeting earlier, Ms. Coto advised Chairman Henley that staff will change the notices of the meeting in the future to read the meeting is to convene immediately following the regular BCC meeting.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:25 p.m., this same date.
ATTEST: ______________________ Clerk ___________________Chairman