BOARD
OF
SEPTEMBER
26, 2006
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, September 26, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman
Vice Chairman Bob Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District
3)
Commissioner Brenda Carey (District 5)
Deputy Clerk Eva Roach
The
Invocation was given by Pastor Brian Wenger, Upsala Presbyterian Church,
Sanford.
Commissioner
Carey led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-209, as
shown on page ________, proclaiming October as “Domestic Violence Awareness
Month”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Jeanne Gold, Executive Director of Safehouse,
who addressed the Board to express her appreciation for the Board recognizing
the seriousness of this problem.
Commissioner
Carey stated she and Sheriff Eslinger have joined together to try to make the
issue of domestic violence a high profile in this community. She stated the first Domestic Violence
Awareness Luncheon is scheduled for October 7, 2006 at the Lake Mary Marriott
and she would love to have everyone’s support.
Commissioner
Morris stated it is remarkable when you see all of these community efforts
working together, and he would like to compliment them for working on this
problem.
-------
Motion by Commissioner Morris, seconded
by Commissioner Dallari to adopt appropriate Resolution #2006-R-208, as shown
on page ________, proclaiming October 2006 as “Greenways and Trails Month”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Jerry McCollum,
-------
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-210, as
shown on page ________, proclaiming October 1-7, 2006 as “Mental Illness
Awareness Week - Focus on Recovery & Resiliency”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Jim Burko who addressed the Board to express
his appreciation. He stated he would
like to thank the Board for all the years of support. He said
-------
Motion by Commissioner Dallari,
seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-211, as
shown on page ________, proclaiming October 9, 2006 as “Special Olympics Day”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Jerry Thole, Chairman of Special Olympics,
who addressed the Board to express his appreciation on behalf of the Special
Olympics.
-------
Motion by Commissioner Morris, seconded
by Commissioner Dallari to adopt appropriate Resolution #2006-R-212, as shown
on page ________, commending Sally Sherman, Deputy County Manager, for her services
to
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Dede
Schaffner, Seminole County Public Schools, Chair, Driver’s Education Committee,
addressed the Board to introduce Dr. Bill Vogel, Superintendent of Schools;
Commissioner
Morris complimented the School Board for taking an initiative effort in
bringing this program forward. He stated
MetroPlan has endorsed this. He said he
feels this is a great initiative that everyone has done.
Motion by Commissioner Morris, seconded
by Commissioner Dallari to authorize the funding of $105,942 for the Driver’s
Education Pilot Program to be placed in the 2006/2007 budget.
Under
discussion, Commissioner Dallari stated he feels the community desperately
needs this and it needs to be brought back into all the school systems
throughout the state of
Commissioner
Van Der Weide stated he feels it is important to expand this to the rest of the
schools. He stated he feels this should
be State funded and he is amazed that it is not a mandated program. He hopes the Legislators realize the importance
of the safety of these young drivers.
Commissioner
Carey stated she believes everyone in the region involved in MetroPlan are trying
to figure out how to get a program in their community.
Commissioner
Morris complimented the School Board for their efforts as well as the cities of
Ms.
Schaffner stated they will continue with the summer school program and it will
not be dropped. This program will be in
addition to that.
Commissioner
Dallari stated this is just one more example of the great partnerships the
School Board has with the community.
Commissioner
Carey stated it costs about $350 to get into a driver’s education program with an
outside agency and the School Board may want to look at a sliding scale for the
parents to pay for the program.
Commissioner
Dallari stated if students get credit for this program, they cannot charge for
it.
Chairman
Henley stated this is a two-year program and a two-year commitment and he would
hope that the people running this would keep track for a number of years of the
youngsters being in this program. He
stated he feels that would provide some statistical data that would be valuable
and beneficial.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Mayor
John Bush, City of Winter Springs, addressed the Board to thank the
Upon
inquiry by Commissioner Morris, Ms. Coto advised the County has a draft
resolution supporting the Natural Lands issue and staff will be submitting it
to each of the municipalities.
-------
The
Chairman recessed the meeting at 10:10 a.m., in order to convene the meeting of
the
Commissioner
Dallari requested that Item #22, Request to approve DB-0577-06, be pulled for a
separate vote.
Chairman Henley requested that Item #12, approve
First Amendment to City of Winter Springs HUD/CDBG Subrecipient Agreement, be
continued to the November meeting. The
Board voiced no objections.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to authorize and approve the following:
8. Approve
and authorize Chairman to execute the Greater Construction Corporation Estoppel
Certificate, as shown on page _______, for leased office space in
9. Approve
request to declare surplus and competitively bid
Community
Services
Community
Assistance
12. Pulled from the agenda request
to approve First Amendment to Seminole County/City of Winter Springs HUD/CDBG
Subrecipient Agreement Program Year 2005-2006 adding $280,000 of additional
funding.
13. Approve and authorize the Chairman to execute Satisfaction of
Second Mortgage, as shown on page _______, for households assisted under the
SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program
for the following: Juan A. & Susana
Carlo; Melanie Rae Dillon; Nelson A. & Donna Labrada; Robert G. &
Christina McWhorter; Lindsay J. Montross; Charles Z. & Dorothy Reid; Erik
Lance Rijfkogel; William Rivera, Jr. & Daisy Arvelo; Norma Velazquez; and
Louise Wellon.
14. Approve and authorize Chairman to execute the Seminole County/The
Center for Affordable Housing, Inc. HOME Program Community Housing Development
Organization Rental Housing Development Agreement, as shown on page ________,
for Program Years 2004-2005 and 2005-2006.
15. Adopt appropriate Resolution #2006-R-213, as shown on page
_________, replacing the current fee Resolution 2006-R-130 of the County
Administrative Code. The Fee Resolution
includes revisions to existing services offered by the Seminole County Health
Department.
16. Approve and authorize the Chairman to execute the Contract, as
shown on page ________, between the State of Florida Department of Health and
Tourism
Development
37. Approve and authorize the Chairman to execute
Agreement, as shown on page ________, between
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Request
to approve the ranking, authorize negotiations and award DB-0577-06/DRR,
Commissioner
Dallari stated he reviewed some of the colored renderings of the proposed
bridge and he likes the three dimensional-type that
Commissioner
Morris stated he feels the
Upon
inquiry by Commissioner Carey, Jerry McCollum,
Commissioner
Dallari explained why he liked the bridge design.
Motion by Commissioner Dallari,
seconded by Commissioner Morris to rank
Under
discussion, Commissioner Morris stated he would like to bring this back with
the nature of the shadowing effect of the green, any maintenance issues
regarding that covering, and what it would look like if they ran it all the way
across.
Commissioner
Dallari agreed to Commissioner Morris’ recommendation.
Districts
1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Robert McMillan, County Attorney, Chairman Henley advised the Board
would like the contract be brought back with a clarification on the item that Commissioner
Morris recommended, with the Board having an option to extend it all the way
across.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner Carey to authorize and approve the following:
CLERK’S
REPORT
38. Expenditure Approval Lists, as shown on page _________, dated
August 21 & 28, and Sept. 5, 2006, and Payroll Approval List, as shown on
page ________, dated August 24, 2006.
39. Approval of BCC Minutes dated August 22, 2006.
40. Chairman
to execute Satisfaction of Order
Imposing Civil Restitution Lien, as shown on page ________, for Incarceration
Costs and Order of Judgment of Costs for Public Defender Application Fee for
Shannon Runion.
41. The Board noted, for information only, the following Clerk’s
“received and filed”:
1. Corrected Ordinance #2006-3, as shown on page
_________, relating to Casa Verde Townhomes Land Use Amendment, and Corrected
Ordinance 2006-4 relating to Casa Verde Townhomes Rezone, as approved by the
BCC on January 24, 2006.
2. Change Order #5, as shown on page ________, to
CC-1249-04.
3. Conditional Utility Agreements, as shown on
page _________, for water and sewer service with Boxley Enterprise for the
project known as Pollo Tropical @ Oviedo Cross Roads.
4. Conditional Utility Agreements, as shown on
page _________, for water and sewer service with Fifth Third Bank for the
project known as 5/3 Bank (17-92 & 427).
5. Conditional Utility Agreements, as shown on
page _________, for water and sewer service with Lake Monroe Development LLC
for the project known as
6. Development Order #06-30000073, as shown on
page _________, Sally Arce Wilson variance.
7. Exhibit G, as shown on page _________, Water
Oversizing Extension Agreement with KB Homes of Orlando for
oversizing/extending off-site facilities to Copper Chase Townhomes.
8. Fourth Amendment, as shown on page _________,
to Sodium Hydroxide Purchase Agreement #IFB-3063-JVP, Harcros Chemicals, Inc.
9. Maintenance Agreement/Letter of Credit
#ASB1011, as shown on page ________, in the amount of $3,500 for the project
known as I-4 Industrial Park Lot 3-Life Gas.
10. Memoranda to BCC from Cindy Coto, County
Manager, Re: Capital Project Fund
Transfer for Chapman Road ($200,000); Anchor Road Drainage Improvements
($65,000); Magnolia Street Sidewalk ($20,730); and SR 434 from Montgomery Road
to I-4 ($1,420,000).
11. Executive Order #2006-01, as shown on page
_________, declaring State of
12. Recreational Trail Easement, as shown on page
_________, for Seminole Restaurants of Florida, Inc. and Title Insurance
Corporation Policy #A81-0182092, as shown on page _______, for the project
known as Seminole Wekiva Trail.
13. Certified Tennis Pro Agreement, as shown on
page _________, for Jon Turnquist.
14. Purchase Agreement, as shown on page
_________, for Landworks Group, L.C. for the Binding Written Offer approved by
the BCC on June 13, 2006.
15. Amendment #2, as shown on page __________, to
Work Order #6 to PS-597-01.
16. RFP-600063-06 Term Contract, as shown on page
__________, for Replacement and Purchase of Trailer Mounted Quiet Generators
with Standby Systems, Inc.
17.
Amendment
#5, as shown on page __________, to (Part B) RFP-4242-05.
18.
Work
Order #2, as shown on page __________, to CC-0023-05.
19.
Work
Order #7, as shown on page _________, to PS-5182-05.
20.
Certificate
of Final Completion, as shown on page __________, for CC-1239-04.
21.
Amendment
#2, as shown on page ________, to Work Order #64 to PS-556-00.
22.
Work
Order #57, as shown on page _________, to PS-5130-02.
23.
Work
Orders #14 & #15, as shown on page __________, to PS-5174-04.
24.
Work
Order #37, as shown on page __________, to PS-5150-03.
25.
Work
Order #2, as shown on page __________, to RFP-0013-06.
26.
Work
Order #12, as shown on page _________, to CC-1267-05.
27.
Work
Order #1, as shown on page _________, to PS-0722-06.
28.
Work
Order #2, as shown on page _________, to PS-5111-01.
29.
Work
Orders #29 & #30, as shown on page __________, to RFP-4214-04.
30.
Work
Order #16, as shown on page _________, to CC-1198-02.
31.
Work
Order #38, as shown on page _________, to PS-5150-03.
32.
Work
Order #52, as shown on page ________, to
PS-5129-02.
33.
Work
Orders #2 & #3, as shown on page _________, to PS-5185-05.
34.
Work
Order #58, as shown on page _________, to PS-5130-02.
35.
Amendment
#1, as shown on page __________, to Work Order #13 to RFP-4241-05.
36.
Work
Order #3, as shown on page __________, to RFP-0013-06.
37.
Bids as
follows: PS-1182-06; CC-0926-06;
IFB-600046-06; CC-0571A-06; CC-1154-06; PS-167-06; RFP-1190-06; and PS-1175-06.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Tom
Helle, Building, addressed the Board to request approval of the proposed
distribution of appointments to the Contractor Examiner Boards. He stated each district’s appointments will
rotate forward in numerical order every year.
Chairman
Henley asked if the Board would like to make these appointments for longer than
one year.
Mr.
McMillan stated the Board already adopted the ordinance making them one year
appointments and if they want to make them longer, they will need to reconsider
the ordinance.
Motion by Commissioner Carey, seconded
by Commissioner Morris to approve the proposed distribution, as shown on page
________, of appointments to the Contractor Examiner Boards.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Request
to approve the Final Master Plan and Developer’s Commitment Agreement for the
Greenway South PUD, consisting of 21.32+/- acres located on the southwest
corner of SR 417 and SR 426, Continental Properties Co., Inc. was presented.
Commissioner
Dallari stated a multi-family townhome development on the west side has a wall
and the Greenway South PUD will also have a wall. He stated he doesn’t see the wall being advantageous
to this development.
Michael
Rumer, Planning, addressed the Board to state there is a 6 ft. PVC fence with a
30 ft. buffer on the west side of Deep Lake Road. The development on the south side has to meet
the landscaping criteria of the
Upon
inquiry by Chairman Henley, Mr. Rumer advised the road will be between two
walls.
District
Commissioner Dallari stated he would like the wall requirement on the west side
to be removed.
Commissioner
Carey requested that staff correct Item #8, Landscape & Buffer Criteria, of
the development order to indicate that the masonry wall on the south side is
adjacent to residential and not on the west side.
Commissioner
Dallari stated he does not have a problem with screening the truck wells (Item
K of the Development Commitments), but he has a problem with gated truck
wells. He requested that gated be removed from that section of the
development order.
Mr.
McMillan stated the commitment for the wall is part of the PUD agreement;
therefore, the Board cannot delete it at this point. An Amendment to the PUD Agreement to delete
the requirement for the wall must be done during a public hearing.
Don
Fisher, Deputy County Manager, addressed the Board to state anything that would
affect the boundary in terms of a compatibility issue would be considered a
major amendment. It doesn’t have to go back
to the P&Z Commission; therefore, it can come before the Board during one
of the October meetings.
Mr.
McMillan stated the Board can continue this item until a time certain
subsequent to processing a request for a major amendment.
Mr.
Fisher stated the Board could consider approving the final master plan now and
then bring back the revision as a separate action.
Upon
inquiry by Commissioner Dallari, Charlie Madden, Madden Engineering, addressed
the Board to state he would like to get it approved so they can go through the
permit process.
Upon
inquiry by Commissioner Morris, Mr. Madden advised he would agree to maintain
the right-of-way on the northern portion and they would make sure that it is
irrigated.
Chairman
Henley stated the Board can approve what is before them today and the applicant
can come back for an amendment.
Motion by Commissioner Dallari, seconded
by Commissioner Carey to approve the Final Master Plan and Developer’s
Commitment Agreement, as shown on page ________, for the Greenway South PUD,
consisting of 21.32+/- acres located on the southwest corner of SR 417 and SR
426, Continental Properties Co., Inc., with staff findings.
Under
discussion and upon inquiry by Commissioner Carey, Mr. Fisher advised the
screen and gated truck wells issue will come back at the time of the amendment.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Suzan
Bunn, Tourist Development, addressed the Board to request direction from the
Board as to increasing the per capita funding for United Arts.
Chairman
Henley stated he is not happy with the distribution.
Commissioner
Dallari stated the one thing he doesn’t see is capacity building and he would
like to know how they promote this so that the Arts are not relying on
government.
Margot
Knight, President of United Arts, addressed the Board to state United Arts
exist for stability. The United Arts Committee
including business people undertook a thorough review of the Helen Stairs
Theater and they would like to work with the Helen Stairs Board and staff so they
can participate in some management and skill-building expertise at
Upon
inquiry by Commissioner Morris, Ms. Knight advised United Arts has offered a
15% matching fund. With regard to
Seminole County Arts Council it would be United Arts’ recommendation that they
look at a full-time executive level staff position. All of the planning and grants money is not
going to help the Seminole County Arts Council (SCAC) if they don’t have a full-time
person to manage those funds effectively.
United Arts is willing to go to their cooperate partners to see if they
can find some matching money so that SCAC can have a full-time administrator.
Chairman
Henley stated if the Board is going to fund the position, they will have to
fund it every year thereafter. He stated
he doesn’t think the Board should get themselves into funding positions for any
of these organizations. He said he is
reluctant to put any money into it other than to do the training.
Ms.
Knight stated they would set it up on a matching funds basis with a declining
participation of the investment of the staff position. In other words, 75% the first year, 50% the
second year, and 25% the third year.
Discussion ensued.
Commissioner Carey stated the concern she
has is SCAC is a board that has no representation by the BCC and that is one of
the agencies that they look at as being responsible for the arts in
Chairman
Henley stated if the Board didn’t increase the per capita, they can spend time
developing the conditions under which they will continue to provide funds to
them.
Commissioner
Morris stated the Board wants to see more professionalism, a better business
plan, and that they become more self-sufficient. If they did a qualified motion of taking it
at 75 cents for the year, they can do a qualification that the coordinator position
for the Seminole Arts Council be sunset under the provision of 75 cents, 50
cents, 25 cents and then zero. The Helen Stairs funding would stay the same
except to the extent that any increase to that is dedicated to them developing the
appropriate training and business plan.
Ms.
Knight stated they would incorporate it in the money that United Arts retains and
the County wouldn’t have to earmark that.
They would sit down with Helen Stairs to see what their needs are and
come back to the Board with a full report on how that money enhance their
ability to do better business.
Discussion ensued.
Motion by Commissioner Morris, seconded
by Commissioner Dallari to allocate 75 cents to United Arts for 2007 for one
year under the following conditions: Total
funding would be $308,617.50, with the distribution directly to the United
Arts, with a subtotal of $176,117 qualified in the following fashion: (1) Funding the position for an Arts
Coordinator for SCAC would decline to 75% at year’s end if the Board chooses to
continue funding, and it would continue to decline at 25% each year they
continue to fund that position until it goes to zero; (2) Under SCAC, the
Seminole County appointed member will be a voting member for SCAC to qualify
for any funding from the County; and (3) The Helen Stairs funding shall stay at
$50,000 and the funding as stipulated to be entered into a program of appropriate
training for having a business plan for fund-raising.
Under
discussion, Chairman Henley stated he will be voting against the motion as this
is not in the budget and he feels it is premature. He stated he would prefer the Board make a
decision regarding the millage situation and then take the motion up after the
Board makes those decisions. Commissioner Morris recommended delaying the
motion on the table and bringing it back at the next Board meeting.
Motion by Commissioner Morris, seconded
by Commissioner Dallari to table the motion until the next Board meeting.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Request
to authorize appointment to serve as the third County appointee to the
Casselberry Community Redevelopment Agency (CRA) to fill the vacant County
appointment to the CRA was presented.
Commissioner
Carey stated the Board had discussions about Mr. Fall’s participation in the
Casselberry CRA as a voting board member.
She stated because of his expertise he is being asked to help analyze
other CRAs that are not along 17-92 and it is demanding a lot of his time. She recommended replacing Kevin Fall on the
Casselberry CRA.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to replace Kevin Fall with Cynthia Campbell; and appoint
Chris Akers to serve on the Casselberry CRA.
Under
discussion, Chairman Henley stated he feels that if Mr. Fall is going to be
attending the meetings, he should be able to be a voting member.
Commissioner
Morris asked Mr. McMillan if the Board makes these appointments, will they have
a problem removing one of the appointments.
Mr.
McMillan advised according to the interlocal agreement, the BCC nominates the
appointment and the CRA agrees to appoint.
Chairman
Henley stated his concern is these new nominees do not have the historic perspective
that Mr. Fall has and they will not be able to debate or argue the issues.
Commissioner
Carey stated her concern has to do with Mr. Fall’s ability to continue to
perform at the high level that he has if they keep pulling him in many
directions. If the Board desires to keep
him on as a voting member, then focus him on what he is supposed to be doing.
Commissioner
Dallari stated he feels it is imperative that they keep Mr. Fall on the CRA.
Districts
2, 3 and 5 voted AYE.
Commissioners
Dallari and Henley voted NAY.
-------
Lisa
Spriggs, Fiscal Services Director, addressed the Board to request approval of a
resolution amending the County’s Administrative Code Section 22.5, Financial
Policies to address Fund Balance/Operating Reserves, establishing a target
range of unreserved/undesignated fund balance to be maintained for individual
County funds whose operating expenditures are for tax-supported services.
Ms.
Spriggs explained for Commissioner Morris what is the true purpose of setting a
target in a prescriptive fashion such as this.
Commissioner
Morris stated they can reallocate those funds any time for any particular
purpose as long as they are not obligated.
He stated he feels this is setting an artificial barrier and
burden.
Commissioner
Carey stated she believes that the Board agreed that the reserves should be between
5 and 10%. She said she believes this
strengthens the marketplace and she doesn’t have a problem with the policy as
it is presented.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to adopt Resolution #2006-R-219, as shown on page
________, amending the County’s Administrative Code Section 22.5, Financial
Policies to address Fund Balance/Operating Reserves, establishing a target
range of unreserved/undesignated fund balance to be maintained for individual
County funds whose operating expenditures are for tax-supported services.
Under
discussion, Ms. Spriggs advised this institutionalizes the policy and it is at
the discretion of the Board. The actual
target range is on an actual basis and it is calculated based on the annual audit. The fund balance history for
Commissioner
Morris stated he couldn’t disagree more and he will be asking the Board to have
a full discussion during the budget hearing this evening on the definition of
the target fund balances.
Districts
1, 4 and 5 voted AYE.
Commissioners
Morris and Van Der Weide voted NAY.
Chairman Henley advised the Briefing items
will be delayed until this afternoon.
-------
The
Chairman recessed the meeting at 12:35 p.m., reconvening at 1:31 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the
Opening Session.
PUBLIC HEARINGS
REQUEST TO REZONE FROM A-1 TO
R-1AAA, JAY BARFIELD
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone 15.6 acres located on the west side of Brooks
Lane, approximately 0.42 miles south of Red Bug Lake Road, from A-1
(Agriculture) to R-1AAA (Single-Family Dwelling), Jay Barfield, received and
filed.
Planning
Manager, April Boswell, addressed the Board to present the request, advising
the future land use designation for the property is Low Density Residential
(LDR), which allows the requested zoning district. She stated the Land Development Code requires
the application of the weighted method for determining single-family
residential compatibility in the LDR future land use designation. She said staff has conducted the lot size
compatibility analysis, as required, and determined that the analysis supports
the requested R-1AAA zoning classification.
Because the R-1AAA district will be adjacent to the property to the
south with a future land use designation of Suburban Estates (SE) and A-1
zoning, a 35-foot buffer is required to be placed on the entire length of the
southern property line of the project site.
The 35-foot buffer must also comply with the additional requirements as
follows: (1) One canopy tree planted
every 25 feet on center within the buffer; (2) Maintenance of the buffer tract
or easement and trees shall be incorporated into the covenants and restrictions
and be made the responsibility of a homeowners’ association; (3) Alternate
methods to the buffering and tree planting requirements may be proposed along
the boundary line for mitigation impacts on adjacent properties which may
include creation or dedication of wetland areas, maintenance of substantial
vegetation, installation of a wall, or similar proposals – any form of
alternate mitigation shall be subject to approval by the BCC during a public
hearing or the platting process; and (4) Individual lot lines abutting the
35-foot buffer/easement shall have the lot setbacks measured from the inner
edge of the buffer/easement.
Ms.
Boswell further advised the staff is recommending approval of the request to
rezone.
The
Chairman interrupted the public hearing in order to take care of a “housekeeping”
item.
PROOFS
OF PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to accept the proofs of publication for this
meeting’s scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
The
public hearing for Item #49 was resumed.
Ms.
Boswell advised the Planning & Zoning Commission recommended denial of the
rezoning by a 3-2 vote.
At
the request of Commissioner Dallari, Ms. Boswell displayed a proposed site plan
(not received & filed) of the project showing the southern buffer area,
stating the applicant has agreed to put plantings along
Upon
inquiry by Commissioner Carey, Ms. Boswell advised that because this is a
straight zoning, there are no requirements for landscaping along
Attorney
Rob Gebaide, representing the developer, addressed the Board to advise the
applicant agrees to all the staff recommendations. He displayed an aerial and a map of the
property (both received & filed), stating there is a clear line of
distinction between the low density residential property and the suburban
estates property. He briefly reviewed
the history of the property and discussed the 1995 Bear Gully Creek Area Study
(copy was received and filed). He said
in that study the two most southern properties were taken out of the SE
designation and retained their LDR designation.
He stated he believes that report is significant and made a distinction
between the SE property and this property to the south. He also pointed out
that the same study done by Glatting Jackson looked at compatibility standards
from the LDR future land use designation to the SE future land use designation
and these compatibility issues were the basis for the lot size compatibility
analysis tool that is used currently. He
reviewed with the Board the subdivisions that have already been built in the
area (Cardinal Creek/R-1A; Cobblestone/R-1AA; Kenmure/PUD; and Stonehurst/R-1AA
& R-1AAA). He said Cardinal Creek
contains about 200 homes which are immediately across
Commissioner
Dallari questioned how the developer was going to landscape the buffer.
Jay
Barfield, developer, addressed the Board to advise his idea with the retention
pond in front is to put some kind of dock and gazebo/bridge. Also, there will be extensive landscaping
along the berm, including oaks, scrubs oaks, sycamores, and hedge plants. He said he is planning on leaving all the
trees along the boundary of the property.
He explained these homes will be custom-built and each house will be
designed from scratch. The house sizes
will be anywhere from 2,500 to 3,500 square feet and some larger.
John
Herbert, American Civil Engineering Co., representing the developer, addressed
the Board to discuss the buffer, advising their intent is to tear up the
existing driveway, lower the area, and put in new plantings. He further advised that after reviewing the
infrastructure, it is their opinion that the property will support 32
single-family residential units.
Luis
Santana,
Jose’
Cadilla,
Ahmad
Saidi,
Carol
Saviak,
James
Riffle, representing the developer, addressed the Board to advise he has worked
on all of Mr. Barfield’s project for the past five years. He said he does an upscale product and he
believes this project will add to the community.
Attorney
James Johnson, representing the
Andre
Anderson, Planning Design Group, addressed the Board to advise he is a planner
who is representing the homeowners of
Martha
Cannon,
Commissioner
Morris left the meeting at this time.
Ms.
Cannon displayed photographs (received & filed) of her animals, wildlife
and her children on the property.
Alice
Cannon,
Commissioner
Morris re-entered the meeting at this time.
Ms.
Alice Cannon stated the proposed density will destroy the rural character of
Tracie
Blakey,
Virginia
Watts,
Michael
Amato,
August
Bugge,
Dan
& Karen Cunningham,
Commissioner
Van Der Weide left the meeting at this time.
Stephanie
Black,
Commissioner
Van Der Weide re-entered the meeting at this time.
Michelle
Turner,
Pat
Peterson,
Jacque
Gellein,
Marty
Johnson,
Jill
Rundle, 4553 Old Carriage Trail, addressed the Board to advise her subdivision,
Stonehurst, has sent the Board a document objecting to the proposed
rezoning. She added that she believes
some of the proposals that the residents of
Attorney
Gebaide stated, in rebuttal, that the BCC adopted the Lot Size Compatibility
Ordinance which is a major tool for consideration. He said this is the appropriate zoning for
drawing the line between
The
Chairman recessed the meeting at 3:10 p.m., reconvening it at 3:17 p.m.
District
Commissioner Dallari stated with R-1AAA zoning, the Board can regulate and add
additional vegetation to the southern buffer of the property; however, the
buffer along
Mr.
Barfield stated the waterfront area will be bermed up on
Attorney
Gebaide advised part of that buffer will be a commitment with regard to how far
the homes will set back, which is 240 feet.
Mr.
Barfield advised he anticipates the berm to be three to five feet high. He committed that within five years, the
trees will be six to ten feet high.
Upon
inquiry by Commissioner Morris, Attorney Gebaide advised the 35-foot buffer on
the southern boundary will be a dedicated tract maintained by the homeowners’
association. He further advised that as
part of this request, the County staff has asked that they dedicate an easement
should they need it in the area.
Upon
inquiry by District Commissioner Dallari, Ms. Boswell advised that under
R-1AAAA zoning there is no requirement for buffers.
District
Commissioner Dallari stated he would like to see the existing vegetation remain
in the buffer to the south. Also on the
southern buffer, he wants to see 8 canopy trees every 100 feet at a minimum
caliber of 5 inches, one foot above the ground and an average of 12 feet high
at the time of planting. A minimum of
80% of canopy trees should be oak. He
said he believes there should be sub-canopy trees staggered (to be worked out
with the staff) underneath the taller trees.
All landscaping materials should be a minimum quality rating of number
one; and that all landscaping should be in prior to the C.O. issued for the
first house. He said he would like to
know if Mr. Barfield would agree to that same buffer conditions for the buffer
to the east along
Mr.
Barfield committed to 8 five-inch oaks, 12 feet high, to be staggered every 100
feet. He added that he has no problem
with Commissioner Dallari’s requests for both buffers.
Upon
inquiry by Ms. Boswell, District Commissioner Dallari stated he wants the
sub-canopy trees to be a minimum of 3 inches and one foot above the
ground.
Upon
inquiry by Commissioner Carey, Mr. Barfield advised the landscaping will be
irrigated.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Written
Comment Forms from the following were received and filed: Gary Brinle, Jeff Blakey, and August
Bugge.
Copy
of Petitions from Lucia Hernandez, Deborah Schenk, Jose Ferandez, and Terry
Schenk were received and filed.
A
board showing the area and highlighting residents in opposition to the request
was received and filed.
Upon
further inquiry by Commissioner Carey, DCM Don Fisher advised the easement
would be worked out during final engineering.
At
the request of Commissioner Carey, Mr. Fisher advised the plan is
straight-forward in terms of geometry.
He said he is comfortable from a layout standpoint that 32 lots seems
reasonable; however one lot could be lost because of the cul de sac.
District
Commissioner Dallari stated he had staff look at the 1995 Bear Gully Creek Area
Study and protecting the Suburban Estates in this area. He advised the subject property is just to
the north of the LDR and is one to four units per acre. He further stated that with the buffers and
commitments made by the applicant, he believes the R-1AAA zoning is a proper
transition for the area.
Motion by Commissioner Dallari,
seconded by Commissioner Morris to adopt Ordinance #2006-66, as shown on page
_______, granting rezoning from A-1 (Agriculture) to R-1AAA (Single-Family
Dwelling) for property consisting of 15.6 acres, located on the west side of
Brooks Lane, approximately 0.42 miles south of Red Bug Lake Road, subject
Development Order, as shown on page _______, and based on staff findings, and
the applicant’s commitments as stated, as described in the proof publication,
Jay Barfield.
Under
discussion, Commissioner Morris stated that this is the only logical conclusion
that the Board could make. He added that
he does not believe any court of law would allow the Board to do this any other
way.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF AMENDMENT TO
THE
SPROUL BIBLE COLLEGE PUD,
GUY RISSO
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a PUD Major Amendment and rezoning Ordinance from PUD to PUD, Revised
Preliminary Master Plan, Development Order, and rezoning Ordinance from PUD to
A-1 for properties located on the south side of Wayside Drive, approximately 550
feet east of the intersection of Wayside Drive and Orange Boulevard known as
Sproul Bible College PUD, Guy Risso, received and filed.
Senior
Planner, Michael Rumer, addressed the Board to present the request, advising
the applicant is requesting the following changes: (1) Removing the south five acres out of the
PUD and rezoning it to A-1 to remain as vacant land; (2) Reducing the number of
R-1AA residential lots allowed from 21 to 11 and moving the location of the 11
residential lots to an 8-acre parcel along Wayside Drive; and (3) Allowing the
8-acre parcel along Wayside Drive to be used for either the 11 residential lots
or a church. He further advised the
P&Z Commission voted unanimously to approve the request; and staff also
recommends approval.
Guy
Risso, applicant, addressed the Board to explain that the Greeneway may be
going through the back of the property and that is why they are asking for this
change.
The
Chairman advised of receipt of Written Comment Forms (received & filed)
from Bruce Rhea, Eugene Jaques and Ray Chasez.
Bruce
Rhea,
The
Chairman advised this will be taken care of at engineering review.
District
Commissioner Carey stated this area has a closed drainage system and the County
is very much aware of it. She said the
property would have to hold its own drainage and water.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Letter
from Richard Hammerl,
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt Ordinance #2006-67, as shown on page
_______, granting rezoning from PUD to PUD; and to adopt Ordinance #2006-69, as
shown on page _______, granting rezoning from PUD to A-1; approve the PUD Major
Amendment, revised Preliminary Master Plan, and Development Order, as shown on
page _______, for property located on the south side of Wayside Drive,
approximately 550 feet east of the intersection of Wayside Drive and Orange
Boulevard known as Sproul Bible College PUD, as described in the proof of
publication, Guy Risso, based on staff comments.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF AN ORDINANCE
RE:
SOLID WASTE PUBLIC
CONVENIENCE & NECESSITY
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Ordinance amending Chapter 235 of the Seminole County Code to
require firms applying for a Certificate of Public Convenience and Necessity to
collect waste to provide proof of insurance at County required levels, received
and filed.
Solid
Waste Manager, David Gregory, addressed the Board to briefly present the
ordinance.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to adopt Ordinance #2006-68, as shown on page
_______, amending Chapter 235 of the Seminole County Code to require firms
applying for a Certificate of Public Convenience and Necessity to collect waste
to provide proof of insurance at County required levels, as described in the
proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Planning
Manager, April Boswell, stated the County’s consultant, Glatting Jackson, made
a presentation on the Rural Area Study on June 13, 2006; and at that meeting
the Board requested additional information on adequate property size for
clustering and effective depth of transition buffer. She said the Board also asked that the 2006
Rural Character Plan be finalized by placing the Transfer of Development Rights
discussion in the Appendices and that the public comments be incorporated in
the report. She said the staff is asking
for the Board to accept the final report.
Craig
Shadrick, Glatting Jackson, addressed the Board to advise the first area
(Transition Area 1) is the Black Hammock and the BCC has officially recognized
that and implemented the Rural Boundary Transition Overlay and now has an
adopted JPA with the City of Oviedo.
They have recommended the transition of the step-down of land uses, the
use of the cluster subdivision, and the requirement of a 100-foot buffer. In Transition Area #2 (Chuluota & 419),
he said they are recommending the same techniques that are applied to the first
transition area. Transition Area #3 (
Mr.
Shadrick reviewed their recommendations with regard to buffers. He said they recommend that the County
maintain the 100-foot rural belt and that it be maintained on the urban side of
the boundary. He stated with regard to
different elevations, they feel like a raised buffer or berm would work. Because it is a raised buffer, they would
recommend additional under-story landscaping.
They also recommend that the species be consistent with the soil types
for a specific area. They do not oppose
putting a retention in the first 30 feet of the buffer, but it needs to be
designed in such a way that it appears natural.
The second option would be to use the existing vegetation. He discussed the clustering provisions,
stating they believe a couple hundred acres would be needed to do this. He advised they have moved the TDR research
to the appendix and provided all the public comments information in the
report. Copy of 2006 Rural Character
Plan was received and filed.
Commissioner
Carey discussed the Harmony project in
Commissioner
Morris suggested the staff look at
Ms.
Boswell asked the Board to accept the plan as presented with the final “edits”;
and if the Board wants the staff to look at those DRI’s, staff can do that and
bring information back to the Board.
Motion by Commissioner Carey, seconded
by Commissioner Morris to accept the 2006 Rural Character Plan with the
“edits”; and direct staff to continue to look at the area on the east side of
Snow Hill Road with regard to options for that area.
Districts
1, 2, 3, 4 and 5 voted AYE.
--------
Principal
Planner, Tom Tomerlin, addressed the Board to give a PowerPoint presentation
(copy received & filed) with regard to the Analysis of the Higher Intensity
Planned Development Target Industry (HIP-TI) Land Use Designation. He reviewed the following: Background; Components of New HIP-TI Study;
Size & Location Factors Correlated with Target Industry Location; Mapping
Area Land Use Clusters; Market Factors; Forecasts for Office Space Needs;
Proposed Comprehensive Plan HIP Language Revisions; and Breadth of Target
Industry Users. He stated that the
forecasts for office space are dated and the Board has the option to revisit
the forecasts and gauge how the HIP-TI district needs to be.
Commissioner
Carey stated everything Mr. Tomerlin based his conclusions on were either
flawed or dated information; and she concurred that they need to go back, get
their data up-to-date, see what is really there, and then do the analysis.
Mr.
Tomerlin stated that with respect to the forecasts, he does agree; but, the
other information, he believes is valid.
Commissioner
Morris stated that he believes they should accept the proposed language and
direct staff to update. Discussion
ensued.
DCM
Don Fisher clarified this only deals with the HIP-TI area and not the
Airport.
Commissioner
Van Der Weide stated Mr. Tomerlin has done a wonderful job on this
presentation; and he is ready to move forward with this. He said he does not see a whole lot new on this,
but he is happy with the flexibility and believes the forecasts should be
brought up-to-date.
Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to begin the adoption process for the proposed
text amendments to the Comprehensive Plan with regard to the Higher Intensity
Planned Development Target Industry (HIP-TI) Districts associated with the
North Interstate 4 Corridor.
Under
discussion, Commissioner Morris stated they are going through an amendment
process and language can be altered. He
added that there will be six months to perfect the data base.
Commissioner
Morris clarified that staff will update the data base, particularly the 2000
data, which staff has been relying on for the Class A Office.
Districts
1, 2, 3, 4 and 5 voted AYE.
--------
The
Chairman recessed the meeting at 4:50 p.m., reconvening at 5:00 p.m.
CHAIRMAN’S
REPORT
Chairman
Henley distributed a copy of a letter from the City of
Mr.
McMillan advised the Board cannot do it as a tax certificate; but could provide
funding for them to do so.
Commissioner
Morris asked for a formal recommendation from Mr. McMillan.
--------
Chairman
Henley advised the Joint City/County Committee has requested the BCC to
consider adopting a resolution in support of the Private Business Association
dealing with the high cost of house insurance.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris to support the Private Business Association’s
resolution with regard to the high cost of house insurance.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Henley distributed a copy of a letter (received & filed) from Collier
County Commission requesting the Board join with them to ask for a Special
Session of the Legislature to deal with the high cost of house insurance.
Commissioner
Carey stated she believes there will be something that will come out of the
Florida Association of Counties on this issue.
The
Board decided to wait on a report from Commissioner Carey after the meeting of
the Florida Association of Counties; and, also decided for the Chairman to send
a letter to
--------
Chairman
Henley advised he represented the Board at the groundbreaking of the expansion
of the Hospice for the
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were “received and filed”:
1. Copy
of letter dated
2. Letter
dated September, 2006 to
3. Adjacent
Property Owner Notice dated
4. Notice
of Public Hearing for subdivision approval in
5. Notice
of Board of Adjustment Public Hearing for City of
6. Memorandum
dated
7. Memorandum
dated
8. Letter
dated
9. Memorandum
dated
10. Memorandum dated
11. Notice and agenda for
12. Copy of letter dated
13. Letter dated
14. Copy of letters dated
15. Letter dated
16. Letter dated
17. Letter dated
18. Letter dated
19. Letter undated to
20. Letter dated
21. Thirty-seven form letters dated
22. Copy of memorandum dated
23. Memorandum dated
24. Letter dated
25. Letter dated
26. Letter dated
27. Public notice of application for Department of Army permit for site
south of SR 46 and west of Interstate 4.
(cc:
28. Letter dated
29. Notice of City of Winter Springs public hearings (Planning and
Zoning, October 10 and City Commission October 23) for Jetta Point. (cc:
30. Copy of letter dated
31. Copy of letter dated
32. Contracts for services, as shown on page _______, between Seminole
Co. Government and the following: Karen
Fay (Roving umpire); James Speake, Jr. (Referee); David Myers (Roving Umpire);
Patrick Houghton (Umpire nationals); Leroy Beavers (Score keep nationals);
Wayne Borak (Umpire nationals); Michael Lowry (Umpire nationals); Jeffrey
Sleeper (Umpire nationals); James Stidham (Umpire nationals); Joseph Wallbank
(Umpire nationals); Wayne Pattillo (Umpire nationals); William Howell (Umpire
nationals); and Jose Santiago,
33. Copy of letters of appreciation for recent donations from Ken
Roberts, Director-Public Safety, to the following: Dr. F.B. Mills (
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Morris advised that in the draft report of the 17-92 Design/Height Standards,
there was an error. He asked for
consensus of the Board that on Pod C and G, the height limitation would go up
to 140 feet. The Board voiced no objections to same.
--------
Commissioner
Morris stated that there is $600,000 in the budget for the Lake Mary High
School Pool and the City of Lake Mary is budgeting $300,000.
The
Board, by consensus, agreed
conceptually that two acres of the
--------
Commissioner
Morris discussed the Interlocal Agreement for Joint Use of Property with the
School Board, advising the School Board is voting on this issue today.
-------
Commissioner
Morris advised Belle Isle is trying to get approval for the Nemours Children’s
Hospital to be built there.
The
Board, by consensus, directed staff
to prepare a resolution endorsing the Nemours Children’s Hospital to be located
in Belle Isle.
-------
Commissioner
Van Der Weide advised Port Authority Executive Director, Dennis Dolgner, will
be retiring at the end of December; and a search committee has been put into
place to review applications and conduct interviews for that job.
-------
Commissioner
Carey thanked the firefighters for their work to clean up the
-------
Commissioner
Carey advised she met with Rep. Al Hayes to solicit funding for
-------
Commissioner
Carey reported that she attended the St. Johns River Alliance meeting at DeBary
Hall on September 15. She urged
Commissioners to visit the hall to see what they have done to the
facility. She suggested something like
that could be done at
-------
Commissioner
Carey advised she will be attending the Florida Association of Counties meeting
and the Car Rental Surcharge along with the Transportation Surtax will be the
topic of discussion.
-------
Commissioner
Carey announced that the Grand Opening of the East Lake Mary Boulevard
Extension will be on October 2, 2006 at 10:00 a.m. at the SR 46 and SR 415
Intersection.
-------
Commissioner
Carey advised
-------
Commissioner
Carey noted that the Friends of the Wekiva will be holding their meeting on
October 5, 2006 at 7:30 p.m. at the
-------
Commissioner
Carey advised she and Sheriff Eslinger will be hosting the Domestic Violence
Awareness Luncheon on October 7, 2006 at 11:30 a.m. at the Lake Mary
Marriott.
-------
Commissioner
Dallari announced that
-------
Commissioner
Dallari advised the Yarborough Ranch and family have been selected for
induction into the Florida Agriculture Hall of Fame.
The
Board, by consensus, agreed to have
staff draft a resolution to be presented to the Yarborough family.
-------
Commissioner
Dallari reported that the Children’s Village Open House is scheduled for
September 27, 2006. He also advised that
he is in receipt of a request from Guardian Ad Litem asking for additional
funding. Whereupon, Chairman Henley
advised the Board will take up that budget request at a later date.
-------
Commissioner
Morris reported that Guardian Ad Litem volunteer, Jim Daley, has been selected
Volunteer of the Year.
Motion by Commissioner Morris, seconded
by Commissioner Dallari to authorize funding of $5,000 for the Florida
Association of Counties to hire a contract lobbyist to oppose any bills
pre-empting the County’s land use and regulatory authority.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Ms.
Coto advised the City of Lake Mary has decided to contract their traffic signal
maintenance through a private vendor.
She further advised that five of the cities have decided to contract
with the County.
-------
Ms.
Coto advised the City of
-------
Ms.
Coto requested direction on an education campaign for the Charter
Amendments.
Motion by Commissioner Carey, seconded
by Commissioner Morris to authorize up to $100,000 for an educational campaign
for all nine Charter Amendments.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Van Der Weide voted NAY.
-------
The
Chairman recessed the meeting at 5:35 p.m.,
reconvening at 7:01 p.m. with all Commissioners and all other Officials,
with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy
Clerk Carylon Cohen, who were present at the Opening Session.
PUBLIC
HEARINGS
FINAL
MILLAGE AND BUDGET, FY 2006/07
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of the final millage rates for Fiscal Year 2006/07 and
adoption of the final budget for all funds for Fiscal Year 2006/07, received
and filed.
Chairman
Henley advised this is a public hearing for the purpose of discussing the
operating millage levies, rolled-back rates and to hear comments and answer
questions from the public regarding the proposed millage rate and the
budget. The booklet for the Second
Public Hearing Proposed Budget for Fiscal Year 2006/07 was received and filed.
Chairman
Henley gave preliminary comments, reminding the public that the BCC does not
have any control over the tax levies and budgets of the School Board, the Water
Management District, or any of the seven cities in
Cindy
Coto,
In
order to place in perspective the impact of homestead exemptions and Save Our
Homes on the community, information was requested from the Property Appraiser’s
Office. County Attorney Robert McMillan distributed
copies of this information (received and filed) to the Board and a copy was
displayed for the public’s review. Ms.
Coto said she believes this information is pertinent because it shows of the
119,739 developed residential properties, 99,750 actually benefit from
homesteads and Save Our Homes. The
balance of 19,989 either lost their Save Our Homes cap in 2005 because they
upgraded properties or they were new properties so they are non-homesteaded
residences
Ms.
Coto said she is pleased to recommend this budget because she believes it
supports the Board’s objective of continuing to build a government that is
responsible, proactive and customer-oriented.
She thanked the Board, Fiscal Services, and all County departments and
divisions and other agencies for their efforts in this budget development.
Lisa
Spriggs, Fiscal Services Director, advised that included in the Second Public
Hearing booklet, page 5, is a summary total of the proposed millage rates for
FY 2006/07, along with the calculated rolled-back rate where applicable and the
previous years’ millage levy.
Lin
Polk, Acting Budget Manager, addressed the Board to state the millage rates
proposed to fund the FY 2006/07 budget are as follows: Countywide General County Millage, 4.9989;
Fire/Rescue MSTU, 2.6334; Unincorporated Road MSTU, 0.1228; Natural
Lands/Trails Voted Debt, .1451.
Ms.
Spriggs advised that on page 7 of the Second Public Hearing booklet is a
summary of the tentatively adopted budget as approved by the BCC on September 13
at the first public hearing totaling $744,863,491. She advised the adjustments column totaling
$186,839,573 represents certain adjustments as detailed on pages 9 through 12
of the booklet. She stated the majority
are carry-forward items from the FY 2005/06 budget. She further advised the carry-forward items
are detailed on page 63 of the booklet.
The carry-forward appropriations for capital equipment, Information
Technology, and other operating items necessary for service delivery that will
not be received or completed by September 30 total $4,066,453. Carry-forward appropriations of available
balances for specific capital outlay projects that will not be completed as of
September 30 total $157,478,692. These
are detailed on pages 65 through 84 of the booklet. Carry-forward appropriations for grant
funding eligible for expenditures in future years total $23,447,908. The appropriation adjustment for all
carry-forward items total $186,869,537, with a corresponding adjustment to
grant revenue or beginning fund balance for applicable funds. The tentatively approved budget, adjusted for
carry-forward items and other adjustments, totals $931,703,064.
Ms.
Polk stated the FY 2006/07 proposed budget is as follows: Total General Fund is $290,402,061; Total
Special Revenue Funds is $426,630,477; Total Debt Service Funds is $13,318,463;
Total Capital Projects Funds is $53,085,027; Total Enterprise Funds is
$132,692,036; Total Internal Service Funds is $15,575,000 and the total budget
is $931,703,064.
Ghalamali
Meghdadi, 1749 Viscaya Cove, addressed the Board to state he looked in the
newspaper at the levy for last year and compared it to the proposed levy for
this year and he was really shocked. He
calculated that the increase was about 24%.
He said he has been blessed himself to be able to pay that much because
of his background and the hard work he did over the last 30 years. But there are younger people who, because of
the boom in real estate, purchased houses and last year when they bought it,
they calculated their budget according to what it was last year and not at this
astronomical increase in levy. He gave
the example of his daughter who bought a house in
Chairman
Henley stated he has a grandson and a daughter who bought a house also in the
last few months so he knows what Mr. Meghdadi is speaking of, but basically
that was because they did not have homestead exemption and they are having,
under Save Our Homes, to pay whatever taxes on the basis of the price of the
house. He said that is what has created
that situation. As the
Virginia
Mikler,
John
Anderson, 2661 Reagan Trail, addressed the Board to state he also considers the
24% property tax levy increase to be excessive.
He said the millage is basically unchanged so, obviously, the increase
is coming from the increased assessed values and he is sure that is largely due
to the big jump in the real estate valuations last year. He said rather than just assuming that money
is available, he thinks the Board should address roll-back. He said they should roll back to zero out
that 24% increase and then figure what is necessary in the budget to satisfy
the citizens’ needs. He said this 24%
increase is about twice what has happened historically. He really views this as being totally out of
line. He would like to know if any of
the Commissioners are seriously addressing a millage roll-back.
Chairman
Henley stated that is one of the things to be decided tonight. Further, he said part of the problem that the
Board is faced with is more services or improved services. The County has a backlog of projects and
needs they have been unable to meet because past revenues have not been
sufficient for that. He said the County
government is experiencing the same type increases in cost of operation that
the citizens do as individuals. The
Board has to deal with the question of do they attempt to meet those needs or
allow the backlog to continue to increase, when they have aging communities
with deteriorating infrastructure and substandard codes, or do they try to
improve the standard of living for people in this County.
Robert
Webster,
Regarding
unincorporated roads, Mr. Webster asked if people who don’t live within
municipalities are treated differently on public roads than those who do live
within municipalities.
Chairman
Henley explained the Charter Mr. Webster worked on had an exclusion that
separated the municipalities from the unincorporated area. There are certain things that, for the Board
to impose anything on a city, they have to go to the electorate to see if they
will agree to that affect. Upon inquiry
by Mr. Webster, he said they use the money for roads in the unincorporated
area, and they are only taxing the people in those unincorporated areas.
Mr.
McMillan explained that primarily the money is for local roads in the
unincorporated areas and not for the arterial or collector roads, which are
supported by countywide taxes. He said
the unincorporated MSTU is a special levy used basically for the local
subdivision streets for subdivisions in the County to maintain those streets,
and it is paid by unincorporated residents.
Mr.
Webster said he thinks the Board should take a good look at what they are doing
to the people when they raise these taxes because the people can’t afford
it.
Commissioner
Van Der Weide stated there are a lot of issues and a lot of uncertainties. The Board could deal with a lot of them if it
weren’t for the fact of actions to be taken by the State, such as: the State is talking about the affordability
of Save Our Homes, which is going to have unknown impact on the local taxes;
assessment caps on real property, which could really affect what the County
does with its budget; expenditure caps for local governments; millage roll-back
caps and homestead exemption increases to $50,000. He said just a few of those things will have
a devastating affect on the County’s budget.
He also said both governor candidates are promising to fix the insurance
problem over night and to fix the property taxes over night. If they should do that, the Board will have
unfunded mandates that they won’t know what to do with.
Commissioner
Carey advised that the millage has remained the same or rolled back since
1991/92. She stated the Board has no
control over the values of property, but this is the responsibility of the
Property Appraiser. They are seeing this
increase because of the property value increases and the turnover in
properties. She asked the Property
Appraiser what kind of affect it would have on the County if the homestead
exemption was increased to $50,000. She
said this would take $2.5 billion additional dollars off the tax rolls which
would instantly reduce the stream of taxes by $12.5 million and the fire fund
by $3.5 million. So if just one of the
changes is made that is being talked about, it will have a major implication on
local governments.
Commissioner
Dallari advised of some other unfunded mandates that have been passed on by the
State to the County including increased cost to fuel, health insurance,
Commissioner
Morris stated this Commission is, and has been, one of the most conservative in
the state of
Robert
Kissinger,
Commission
Carey noted from the chart of information provided that vacant commercial
property had the biggest gain, with improved commercial property next behind
that. She said if they didn’t have some
of the commercial development in this community that has been obtained in the
last few years, all of that burden would be on the residential base as
well. She thinks the Board is working
real hard in addition to trying to balance things out by trying to put in more
Class A office and commercial spaces so some of the burden is carried by them
instead of the residents.
Commissioner
Morris said government is headed towards the European socialist model where the
people won’t pay any taxes, but let big businesses do it. He said those businesses are going to pay
people less and charge more for their goods and services, so somebody is still
paying for it. He said Mr. Kissinger
spoke passionately and correctly about the ridiculous disparity of Save Our
Homes and how unfair it is that a person can be in a neighborhood paying $5,000
a year for property taxes and his neighbor is paying $1,500 or $2,000 a year. He said there is nothing right about
that. Discussion continued with the
Board.
Commissioner
Dallari stated some people have homestead exemption and some don’t, but there
is also the commercial sector. What’s
difficult is that once you give tax relief on the ad valorem tax base, it is
evenly distributed. A lot of time it is
unfair because of the 3% and homestead exemption. What really needs to happen in calendar year
2007 is that
Commissioner
Carey said looking at the list Ms. Coto submitted, there is nothing she can see
to give enough relief to make it worthwhile for what’s probably coming next
year.
Commissioner
Dallari advised Mr. Kissinger that in the budget the ad valorem tax base from
homes is $193 million, which is 21% of the budget. It sounds like a lot, but it’s really not.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Motion by Commissioner Morris, seconded
by Commissioner Dallari, to adopt Resolution #2006-R-217, as shown on page
_______, adopting the final millage rates as proposed for FY 2006/07.
Under
discussion, Commissioner Van Der Weide said he proposed a roll-back with the
idea that nobody would be hurt and none of the programs would be hurt, but it
was a very, very small percent. He said
you can’t adjust government as quickly as you would like to. When you get all the issues the State is
looking at in the domain of taxation, if they get into these things, as in the
past without funding mandates, the County won’t even be able to deliver the
services. He said he is on record of
trying to pass a significant reduction in the millage and he respects the Board
for everything they have said, fully realizing that with the pressure they have
and Save Our Homes, the people are not going to vote to do away with that, so
it’s here to stay. He said he will go
along with this motion, even though he would like to throw out his motion to
reduce the millage.
Commissioner
Carey said as she went through the list Ms. Coto provided, she asked what would
she take out that they wouldn’t want to have.
She could not come up with $6 million worth of things. The only thing she could look at would be the
land acquisition program, since that wouldn’t occur in one single year anyway.
Chairman
Henley asked all those constituents who have written to the Board to write to
their legislators because they are the ones who have the authority to really
deal with some of the issue more than the BCC.
Ms.
Spriggs read the proposed millage rates again into the record as given on page
5 of the Second Public Hearing Booklet.
She said the proposed aggregate millage rate, exclusive of voted debt
service millage, is 6.6783, which represents a 19.59% increase over the
rolled-back rate of 5.5845 on an aggregate basis.
Districts
1, 2, 3, 4 and 5 voted AYE.
---
Motion by Commissioner Morris, seconded
by Commissioner Dallari, to adopt Resolution #2006-R-218, as shown on page
_______, adopting the final budget for all funds for FY 2006/07.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Henley expressed appreciation to those who took the time to come out tonight to
share their feelings and concerns. He
said the Board will be working with the legislators to try to come up with some
solutions to be sure they don’t face the same thing next year.
Commissioner
Morris thanked Sheriff Eslinger, Supervisor of Elections Mike Ertel, Property Appraiser
David Johnson, and all Department Heads and Division Managers for coming out to
answer questions.
-------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 8:13 p.m., this same date.
ATTEST
_____________________ Clerk
____________________Chairman
er/slm/cc