BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

SEPTEMBER 9, 2009

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 6:00 p.m., on Wednesday, September 9, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Mike McLean (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Carlton Henley (District 4)

Commissioner Brenda Carey (District 5)

County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Commissioner Henley gave the Invocation.

Commissioner Carey led the Pledge of Allegiance.

PROOFS OF PUBLICATION

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

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

STORMWATER MANAGEMENT SYSTEM BENEFIT AREA (SMSBA)

Proof of publication, as shown on page ________, calling for a public hearing to consider the Stormwater Management System Benefit Area (SMSBA) Ordinance, received and filed.

Gary Johnson, Public Works Director, addressed the Board to display and review a PowerPoint Presentation (received and filed) of the SMSBA. He explained why they were here as outlined on page 2 of the PowerPoint Presentation. He displayed and reviewed a map of the land area showing the FDEP Impaired Water Bodies and Impaired Drainage Basins. He continued by reviewing slides of what the Florida Department of Environmental Protection (FDEP) has determined; the Methodology consisting of Parcel Based; Impervious Area; and Pollutant Load. He reviewed slides showing the Rates and Exemptions & Credits. He displayed and reviewed aerials of commercial property in Seminole County, single-family residential property, single-family residential property over one acre, single-family residential acreage property of about 2.4 acres, single-family residential property greater than one acre, and acreage parcel that is not residential or agriculture. He reviewed what this Stormwater Assessment would fund and the kind of things that can happen in a storm as outlined on pages 7 through 9.

Mr. Johnson explained for Chairman Dallari what NRC funding is.

Mr. Johnson continued by reviewing other types of capital projects as outlined on page 9. He displayed and reviewed the following: Midway Regional Stormwater Facility; and Neighborhood Stormwater Projects Completed as outlined on pages 10-12. He reviewed some projects that are planned but not funded. He stated staff is recommending this assessment for a number of reasons and he reviewed the advantages of the assessment as outlined on page 13. He concluded by reviewing the process of the T.R.I.M. Notice for Property Tax Assessments and the Online Review Process. He stated staff is continuing to work on the review process and responding to e-mails, phone calls and letters. Staff is proposing this as a means to enjoy, protect and restore the natural resources relating to the County’s water bodies that make Seminole County the place that it is.

Commissioner Van Der Weide stated he would like to suggest pulling this from the agenda. He stated he doesn’t believe there is public support for it. He said there is probably only a handful in favor of it and they may speak; but he is prepared to make a motion to withdraw this item.

Motion by Commissioner Van Der Weide to withdraw consideration of request to consider the Stormwater Management System Benefit Area (SMSBA) Ordinance, as described in the proof of publication.

Upon inquiry by Chairman Dallari, Robert McMillan, County Attorney, addressed the Board to state the Board could entertain a motion to pull the item from the agenda or a motion to postpone as long there is a second to it. He stated if there is a second to the motion, he would suggest to hear from anyone who opposes that action and wants to go forward. After that the Board could vote on that.

Commissioner Carey stated she will second the motion as she did not support advertising it to begin with.

Upon inquiry by Mr. McMillan, Commissioner Van Der Weide reiterated that his motion is to pull this from the agenda without a date to bring it back.

Chairman Dallari stated the motion maker is pulling this item with it not to come back.

Commissioner Carey stated she believes the Board is going have to address this at some time. She stated she feels the method of the ordinance is wrong as well as the timing.

Commissioner Van Der Weide stated he believes the methodology is completely flawed and it has been unfair to the public. Once the public is confused with what the County is trying to do, that is something that has never been done in the County.

Upon inquiry by Chairman Dallari, Mr. McMillan advised no assessment can be put on the tax bill for this coming tax year.

Chairman Dallari stated if it is put on the tax roll it has to be approved tonight and it cannot be brought back for another year.

No one spoke in support or in opposition of the motion.

Letters and e-mails from residents opposing the proposed SMSBA Ordinance were received and filed.

Speaker and Written Comment Forms were received and filed.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 6:35 p.m.

ATTEST________________________Clerk_____________________Chairman

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