BOARD OF
August 14, 2007
The
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
Present:
Chairman
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
Jerry
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.
Cindy
Coto,
Motion by Commissioner Dallari,
seconded by Commissioner Carey to authorize and approve the following:
Administrative
Services
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
Business Development
6. Pulled from the Agenda request
to approve and authorize the Chairman to execute the attached Intergovernmental
Work Agreement between
Environmental
Services
Business Office
7. Approve Mutual Termination, as shown on page _________, of the
Conditional Utility Agreement for Sewer Service for the project known as Orange
Bank of
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.
Fiscal
Services
Administration
9. Approve and authorize the Chairman to execute the Grant Agreement,
as shown on page ________, between the Florida Department of Environmental
Protection and
10. Approve and authorize the Chairman to execute the Grant Agreement,
as shown on page ________, between the Florida Division of Emergency Management
and
Budget
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.
MSBU
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
Development Review
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).
Public
Safety
Animal Services
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.
Public
Works
Engineering
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
construction of
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.
Tad
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:
Clerk’s
Report
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.
16.
M-2395-07
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.
19.
Conditional
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.
26.
Title
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.
49.
Litigation
Consultant Services Agreement, as shown on page _________, with Gerson,
Preston, Robinson & Company, P.A. re:
Case #07-CA-1455-13-K,
50.
Bids as
follows: 600215-07; PS-2108-07; and
RFP-600209-07.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
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.
Ms.
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.
Mr.
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.
Commissioner
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.
Upon
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
coming to
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.
Commissioner
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.
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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.
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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
LARGE
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
BOARD
OF
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.
Mike
Dowd, applicant,
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.
Kenneth
Rose,
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.
Commissioner
Carey asked if the access for this site is proposed to come along
Mr.
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’S
REPORT
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.
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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.
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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:
1. Letter
dated
2. Letter
dated
3. Letter
dated
4. Copy
of letter dated
5. Memorandum
dated
6. Memorandum
dated
7. Memorandum
dated
8. Memorandum
dated
9. Institutional
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
meeting
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
Commissioner
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
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Commissioner
Carey announced that the big Zoo Fundraiser of the Year will be held on August
25 at the Lake Mary Marriott.
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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.
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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.
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Commissioner
Dallari said the Progress Energy community reception for their new hydrogen
fueling facility in
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Commissioner
McLean complimented April Boswell and her team on the recent Golf Tournament to
benefit the
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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.
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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.
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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.
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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.
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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.
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Commissioner
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
cabin in
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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.
Ms.
Coto asked April Boswell, Assistant County Manager, to advise the Board of the
recent events in
Ms.
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.
Commissioner
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.
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Ms.
Coto advised that Dori DeBord, Planning Director, and Guy Minter, Deputy County
Attorney, attended the City of
Ms.
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
Commissioner
McLean asked if the time schedule for the JPA will affect the disposition of
the
Ms.
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.
Ms.
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.
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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.
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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.
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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
er/cc