BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

February 8, 2022

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, February 8, 2022, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Lee Constantine (District 3)

Commissioner Jay Zembower (District 2)

Commissioner Amy Lockhart (District 4)

Commissioner Andria Herr (District 5)

Interim County Manager Joe Abel

County Attorney Bryant Applegate

Clerk of Court and Comptroller Grant Maloy

Deputy Clerk Terri Porter

OPENING CEREMONIES

Pastor Conrad Westbrook, First Baptist Church, Geneva, gave the invocation. Commissioner Herr led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3202

The Business Spotlight for Analog Modules, Inc. was presented.

Agenda Item #2 – 2022-3203

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming the week of February 14^th as Food Check-Out Week in Seminole County.

A representative from the Seminole County Farm Bureau accepted the Proclamation with gratitude.

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

Agenda Item #3 – 2022-3207

Loreen Bobo, FDOT District 5 Safety Administrator, addressed the Board and presented Vision Zero (included in the backup).

Chairman Dallari thanked Ms. Bobo for the presentation and stated it is a great and correct goal albeit not easy to obtain. He noted he lived in Sweden for a number of years while they were developing this, and knows that there can be unintended consequences which include speed cameras, tickets based on income, etc., so they just need to be careful moving forward. He is glad it is starting with DOT because they control most of the roads. He advised they are actually talking about this at MetroPlan and believes it is a great place to start. Ms. Bobo agreed.

Commissioner Lockhart stated that other cities and locations have had this in place for many years, and she understands that some cities are performing audits in hindsight because they cannot explain why deaths are not only not decreasing, but in some areas they are actually increasing. She questioned if they are looking at those other areas where the audits are either ongoing or have been completed to figure out if it is not working there, what could they do differently here and why do they think it would work here. Ms. Bobo explained her role with FDOT was created last year, so they are new. They are in a different mindset from things that they were doing years ago. They are looking at how to lower speeds and whether they can look at the data in different ways. Los Angeles is one city that adopted Vision Zero years ago, and their numbers are not going down. So, they need to think outside the box and be bold.

Commissioner Herr asked Ms. Bobo to site an example of a bold decision. Ms. Bobo responded that one example would be putting in roundabouts at the right intersections and said they do save lives. Commissioner Herr shared that due to the Wekiva Parkway being built, her office has received quite a few calls with relation to the safety in the neighborhoods there because the collector roads are now becoming highways for 18-wheelers in order to avoid SR46. They have asked over and over again, what can they do to those collector roads; can they reduce speeds; can they put in speed bumps, etc. And she continues to hear feedback that the speed limit is the right speed limit based on the study and based on FDOT guidelines. She opined it is obvious to her that those guidelines are not helpful in unique situations and wondered if part of the mission is going to be to address the guidelines. Ms. Bobo said that it is, and about a year ago, FDOT changed their speed management chapter to be a lot bolder in what their speed limits should be. They used to set speed limits on the 85^th percentile, and they are now working towards 50^th percentile. What they are up against is there is still a national standard for 85^th percentile. She spoke just last week with their Traffic Operations Engineer about using engineering judgement where they think it is appropriate. She noted when Wekiva was originally designed, they did not have that chapter; they were not even speaking to that yet. She indicated she would be happy to sit down and talk about those concerns.

Commissioner Zembower talked about mid-section crosswalks and autonomous vehicles, and opined this is an awareness and human-factors issue. He thanked Ms. Bobo and encouraged his fellow Commissioners to use her as a resource for anything they may have in their district as well as FDOT as a whole.

CONSENT AGENDA

With regard to public participation, no one spoke in regard to the Consent Agenda; and public input was closed.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve the following:

County Manager’s Office

Business Office

4. Approve an Interlocal Agreement between Seminole County and the City of Sanford relating to American Rescue Plan Act (ARPA) funding. (2022-3205)

5. Approve the ARPA not-for-profit funding recommendations in the amount of $425,000 for (17) Seminole County not-for-profit agencies; and authorize the County Manager to execute the Funding Agreements: American Muslin Social Services, Aspire, Catholic Charities, Christian HELP, Glorious Hands, Heart Hands and Hope, Impower, Inspire, Kids House of Seminole, Lighthouse of Central Florida, Making a Difference by Making a Change, National Alliance of Mental Illness, New Hope for Kids, Next Step Orlando, Shepherd’s Hope, United Way, and U.S. Hunger. (2022-3209)

Community Services

Business Office

6. Approve and authorize the Chairman to execute the annual Memorandum of Agreement between the Florida Department of Veterans’ Affairs and Seminole County on behalf of the County Veterans Service Officer to be an authorized user of FDVA’s VetraSpec Technology. (2022-3226)

Development Services

Planning and Development

7. Authorize the Chairman to execute a Satisfaction of Lien in the amount of $668.83 associated with the property located at 3451 Dawn Court, Lake Mary, FL 32746; filed against Cathleen Ciuba. (2022-3149)

8. Approve the plat for the Murphy Acres Subdivision containing two (2) lots on 15.16 acres zoned A-5 (Rural Subdivision), located southwest of West Vista Cove and approximately 1,312 feet west of Snow Hill Road; Faun Hoffmeier, Applicant. (2022-3181)

Environmental Services

Solid Waste Management

9. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Comfort House, Inc. effective from October 1, 2021 through September 30, 2022. (2022-3189)

Leisure Services

Business Office

10. Approve and authorize the Chairman to execute a Grant Agreement between Seminole County and the Asian Cultural Association (ACA) of Central Florida Inc., in the amount of $7,400 as a fiscal year 2021/2022 Seminole County Arts and Culture Grant Program Awardee. (2022-3200)

11. Approve and authorize the Chairman to execute a Grant Agreement between Seminole County and the Steinway Society of Central Florida Inc., in the amount of $15,000 as a fiscal year 2021/2022 Seminole County Arts and Cultural Grant Awardee. (2022-3198)

12. Approve and authorize the Chairman to execute a Grant Agreement between Seminole County and Emotions Dance, Inc. in the amount of $15,000 as a fiscal year 2021/2022 Seminole County Arts and Culture Grant Program Awardee. (2022-3199)

13. Approve and authorize the Chairman to execute a Grant Agreement between Seminole County and the Hagerty High School Band Booster Association, Inc. in the amount of $5,115 as a fiscal year 2021/2022 Seminole County Arts and Culture Grant Program Awardee. (2022-3204)

Greenways and Natural Lands

14. Approve and authorize the Chairman to execute an Amendment to Lease #3521 between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Seminole County for the Spring Hammock Preserve. (2022-3192)

Parks and Recreation

15. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-20 to amend Seminole County Administrative Code Section 28.15 - Designation of Public Parks and Special Use of the Museum of Seminole County History. (2022-3193)

Resource Management

Budget

16. Approve a Grant Agreement with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) in the amount of $581,346.90 for the Nolan Road stormwater project Phase II construction contract; and execute appropriate Resolution #2022-R-21 implementing Budget Amendment Request (BAR) #22-025 through the Federal Mitigation Grant Fund to establish funding; and authorize the County Manager to sign all documents related to the agreement. (2022-3195)

Purchasing and Contracts

17. Award CC-3501-22/MAG Midway/Riverbend Median Landscape Improvements to LaFleur Nurseries and Garden Center, LLC of Sanford, in the amount of $1,584,092.00; and authorize the Purchasing Manager to execute the Agreement and approve appropriate Resolution #2022-R-22 implementing Budget Amendment Request (BAR) #22-021. (2022-3160)

COUNTY ATTORNEY’S CONSENT AGENDA

18. Approve appropriate Resolution #2022-R-23 amending Appendix A, Operating Policies and Procedures of the Seminole County Board of County Commissioners, of the Seminole County Administrative Code pertaining to the effective date of appointments to the Value Adjustment Board; providing for an effective date. (2022-3210)

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

19. Approve Expenditure Approval Lists dated January 11 and 18, 2022. (2022-3190)

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

Clerk & Comptroller’s “Received and Filed” Documents

COUNTY MANAGER AND STAFF BRIEFINGS

Legislative Update

Tricia Johnson, Deputy County Manager, addressed the Board to present the Legislative Update. She reported the positive news is that two of their appropriations requests, EE Williamson Road Trail Connect and the Wekiva Springs Road Intersection Improvement, were both appropriated in the House and Senate budgets, which means they are set up for success when the Legislature goes into conference in a couple of weeks. There is also the Little Wekiva River Ongoing Maintenance request which is appropriated in the House but not in the Senate at this time. She noted there are rumors in Tallahassee right now that there is a ton of money that will come out of the woodwork and be added to these requests, so they are keeping their fingers crossed for that. Of course, they are not guaranteed any money until the Governor signs the budget and he could always decide to make some changes. There are about five weeks left of regular sessions, so they are about halfway through.

Also, the Joint Resolution was passed last Friday for the House and Senate redistricting maps, not Congressional, so now they are moving those maps on to the Attorney General for her review. She reminded these maps will be in place for the 2022 regular election.

In the budget, she said it is important to note that the Senate fully funded the Sadowsky Fund, SHIP (State Housing Initiative Partnership Program) and SAIL (State Apartment Incentive Loan) Funds. The House did not fund SAIL Funds, but they did fund SHIP, which is positive news for the County.

The Homestead Exemption and Property Tax Exemption for specified Public Service Workers Bill, House Joint Resolution #1, is moving. It is in its final House Committee and in its second to last committee in the Senate, so they do anticipate that bill moving forward.

SB620 that Commissioner Constantine spoke about a couple of weeks ago is also moving forward. They are seeing some of that language soften though to be better for local governments. She reminded this is the bill that allows damages against local governments for businesses that have been in that locality for at least three years.

Ms. Johnson stated there are a number of other bills they are monitoring as Session continues to move forward. She requested, if they see or speak to any of their legislators, particularly Representative Smith, who has run their three appropriations requests in the House side, and of course, Senator Brodeur, who has run them on the Senate side, to please express their gratitude for putting their projects in the budget.

COUNTY ATTORNEY’S BRIEFING

County Attorney Bryant Applegate announced that today is Assistant County Attorney Melissa Hernandez’ last day. She will be going to a private firm in Orlando. Mr. Applegate thanked her for her good work over the years.

--------

Mr. Applegate advised they are working with Bob Slavin, Slavin Management Consultants, and they have completed the ad for a new County Manager which should be posted by today. Commissioner Lockhart requested that they circulate a copy of the advertisement to the Board.

--------

Also, he received a memorandum from Desmond Morrell, Senior Assistant County Attorney, yesterday in regard to the opioid litigation. They have their first settlement and they are expecting to receive two buckets of money in this settlement, $124,000 immediately, and then another $471,000 hopefully by September. He will be working with the County Manager’s Office because they will need staff to oversee how that money is spent to comply with all these settlement agreements. He opined it will be an undertaking, and he thanked Mr. Morrell for his continued hard work.

Commissioner Zembower asked if there were any provisions in there to cover the cost of their staff who have to oversee, and Mr. Applegate said he believes there is, but he will verify that and get back to the Commissioner.

DISTRICT COMMISSIONERS’ REPORTS

District 5

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to approve appropriate Resolution #2022-R-25 in appreciation of Joanne Schwarzmann for her service on the Historical Commission.

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

--------

Commissioner Herr noted she attended the LYNX board meeting.

District 4

Commissioner Lockhart reported that Tricia Johnson, Deputy County Manager, and Gui Cunha, Office of Economic Development and Tourism, and herself, along with Robert Agrusa from the Central Florida Hotel and Lodging Association, and members of the Seminole County Public School team including the chairman, Amy Pennock, and members from Seminole State College’s Hospitality Program, spent time recognizing that as three different entities in Seminole County, all of them have an interest in making sure that the hospitality industry in Seminole County is healthy and that they are doing all they can to support it. And at the same time they are developing people who can serve the needs, not only here locally but also regionally. She added there was some great conversation and some great ideas about how they can have better synergy so that they are really firing on all cylinders and making the best use of each of their organization’s time and talent. She said they should be looking for some fun things to come out of that.

District 3

Commissioner Constantine noted that on January 28^th, the Seminole Leadership had a summit at the Lake Mary Event Center that was well attended, and it was a very informative program.

--------

On January 31^st, Kevin Spear who is the environmental and transportation writer for the Orlando Sentinel invited him and Charles Lee and a couple of other folks to go down the river on kayaks to look at the bridge and the opening of the Wekiva Parkway.

--------

Also, on February 2^nd, Commissioner Constantine advised he gave a speech in the morning to the Sanford Chamber of Commerce. There were about 50 people in attendance and it was nice to see the Sanford Chamber rebounding.

--------

The Bambino Buddy Ball Event was on February 5^th. The Commissioner said it is a really great event for special needs baseball players. This program happens in both Altamonte Springs and Longwood, and it was very well attended.

--------

He advised that he and Commissioner Zembower will be at MetroPlan tomorrow. Also, on the 10^th there is the regular meeting of the Expressway Authority with a workshop to look at the Five-Year Plan. Next week will be the Florida Association of Counties (FAC) Legislative Conference in Washington, DC.

--------

Commissioner Constantine stated the Board is familiar with the NCAA and their new NIL (Name, Image, Likeness). The Tourism Development Council (TDC) has taken a real hard look at that and they are now looking at the locals from UCF (University of Central Florida). He reported they did a number of different promos at Top Golf in Lake Mary, and the starting Running Back, starting Quarterback, and the starting Offensive Lineman have signed contracts for the NIL with Seminole County TDC, and that is a very positive thing.

District 2

Commissioner Zembower stated he shared with the Commissioners the presentation from WOW! to give them a heads up in what might be happening in their districts. It is a new broadband company that has come to Seminole and Volusia counties, and they have identified areas in the State of Florida where they want to increase broadband coverage with as much as 1Gig upload and 1Gig download speeds. He has asked the company to reach out to each of the Commissioners individually when they are going to be breaking ground in their respective districts. He opined this is a great opportunity for Seminole and Volusia counties to get the speeds that some of them want and desire and haven’t had for many years.

Commissioner Constantine asked how this relates to the broadband they currently have and the providers they currently have. County Manager Joe Abel advised they do not have that information yet. He did see an article about WOW! coming to Seminole County. They just kicked off, the week before last, the broadband study, so they will be feeding this information to the consultants so they include that to ensure it is a continued, concerted effort with all the vendors that are out there and all the interest, both private and public.

Commissioner Constantine noted they are talking about 60,000 homes, which is about one-fourth of the county. He wants to know if this is for people that do not yet have it already or people that have it and want an upgrade. He asked what exactly they are promoting to do. Commissioner Zembower indicated he had a conversation with their vice president and obviously they have a business model and they have investors they have to report to. They are going to be focusing on where the best return is, which obviously will be in the more densely populated areas. Commissioner Constantine said that is where they already have service and Commissioner Zembower agreed, but said this is going to be fiber optic with higher speeds. He will be giving them a tour through the less-served areas to help them understand where broadband is needed. He does not know whether they can do that or not or whether they can make it happen; it is all about the return on the dollar. They do not understand the whole layout of the county and they will be doing the same thing in Volusia.

Commissioner Constantine clarified that they are coming in and there are providers already in the areas they would be looking at. So, they will come in and try to compete and there is clearly nothing wrong with competition, but it will basically be in the already-established areas that he and Commissioners Lockhart and Herr represent. They are not really going to want to look where Commissioner Zembower’s and Commissioner Dallari’s districts are, where they are much more in need of broadband. He added that Commissioner Zembower is going to hope that they would, but right now that is not really in their model. They are still in the same position, whether they come in or not, as far as what they need with broadband. Commissioner Zembower stated when he drilled down through all their information and talked to their people, the benefit as he understands it is the speed. They are bringing higher speeds than what is traditionally available in the County to those residents who have it.

Commissioner Lockhart remarked a map she found interesting when they first started this discussion was on the Florida Department of Economic Opportunity’s website, and you can drill down to the street level of what speeds are available in which parts of the county. She remarked they would be very surprised that some of the lowest speeds are in their urban area because they are in low-income areas where the math did not work for the companies to bring in the broadband. There is the rural area, but there are also some significantly underserved areas right in the heart of their community.

--------

In connection with the MPO Alliance, Commissioner Zembower said there was a very interesting conversation and he wants to put it on everyone’s radar. The Polk MPO folks are asking and advocating for SunRail to be continued all the way down to Polk County. He is not sure they fully understand that.

District 1

Chairman Dallari noted Thom Greene was at one point the mayor of Lake Mary, and afterwards, he got very involved with the Law Library. He is now leaving and Chairman Dallari would like to present him with a resolution of appreciation.

Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve appropriate Resolution #2022-R-26 in appreciation of Thom Greene for his service on the Law Library, Fred R. Wilson Memorial Board of Trustees.

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

--------

Chairman Dallari reported he did take to the SunRail board their request to include FDOT as part of an agency to be looked at, and the board rejected that request. They want to look at the Expressway Authority and LYNX and someone else, but he does not know who that someone else is. SunRail did not want to entertain DOT at this time. As he hears more, he will report back to the Board.

--------

At MetroPlan, they distributed a document entitled Building a Better America - Competitive Infrastructure Funding Opportunities for Local Governments, and he is sharing that now with the Board for their information (received and filed).

CHAIRMAN’S REPORT

Chairman Dallari congratulated Rick Durr, Director of Leisure Services, who was recently elected to the Florida Recreation and Parks Association to serve as the vice president of the Board of Directors for the State of Florida.

--------

Chairman Dallari said he wanted to acknowledge that Seminole County Emergency Management Division and the National Weather Service – Melbourne partnered to develop the Great Tornado Drill of 2015. Back then, not all Florida counties participated, but as of today, all 67 counties participate, and that will be going on tomorrow. He added their phenomenal Emergency Management staff does a great job.

--------

Lastly, Chairman Dallari reported he received correspondence from Chief Judge Jessica Recksiedler (received and filed) who had some concerns about the renovations of the courthouse.

Judge Recksiedler addressed the Board stating the letter basically says it all. They were originally included, she and other members of their Court Committee, in regard to the planning and the spacing for this new courthouse in the Annex. She does realize in the Annex portion, they were not included in any of the plans for that portion as far as discussions; the only discussions they were included on were about the courthouse. And the original proposed plans that they understood as the Master Plan included an accommodation of at least one additional courtroom with the possibility of having growth for more in the new courthouse to accommodate future growth.

They just received and were looking at plans on Friday, and the plans that they had were the proposed plans that only had that additional courtroom. The Master Plan that is currently approved for the courthouse does not include any additional courtrooms and it does not include any aspect for future growth. It simply takes all the hearing rooms, courtrooms, and judicial chambers, and otherwise court administration space that is in the Civil Courthouse and places it in the Criminal Courthouse and does not make any additions.

The Judge explained the issue they have with that is of course over the next 20 years, there will be growth in the population and there will be additional judges. In the last 20 years, they had an additional Circuit Judge and at least an additional County Judge. She asked that however it can be fixed that somehow those plans can be repaired in order to add for future growth of the court system in Seminole County. She opined the courthouse is the only place to put it because otherwise the cost in the future would be a lot more expensive than what it is today.

Chairman Dallari thanked Judge Recksiedler for bringing this to their attention and said he would like to give the County Manager the chance to drill down on this and report back to them.

SUBMISSIONS

None.

--------

Chairman Dallari recessed the meeting at 10:45 a.m.; reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Clerk of Court Grant Maloy, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, 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.

PUBLIC HEARINGS QUASI-JUDICIAL

Chairman Dallari, Commissioners Constantine, and Commissioner Zembower advised they submitted their ex parte communications electronically (received and filed).

Item #20 – 2022-0003

Little Wekiva Brewery Special Exception

Kathy Hammel, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. She advised that staff recommends approval.

Chris Connor, Applicant, addressed the Board to state they concur with Planning staff and appreciate the opportunity to be able to open their establishment.

With regard to public participation, no one spoke in support or opposition, and public input was closed.

Commissioner Constantine noted the Springs Plaza has a number of different restaurants and other establishments that are serving alcoholic beverages and this was approved by the P&Z.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve a Special Exception for an alcoholic beverage establishment in the C-1 zoning district on 7.63 acres, located on the southeast side of Wekiva Springs Road and Wekiva Springs Lane (BS2021-09); Chris Connor, Applicant; as described in the proof of publication.

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

AFTERNOON PRESENTATION

Item #21 – 2022-3206

Oxford Town Center and

Entertainment Venue/Marc Jones

Marc Jones, P.A., representing The Cordish Companies, addressed the Board and presented the Oxford Road Town Center and Entertainment Venue (included in the backup). Mr. Jones noted that when he spoke to members of the community, he fielded a lot of misperception of what they are proposing, which is a high-density, mixed-use development, meaning it has elements of residential and commercial uses; it is not a free-standing casino and never will be.

This proposed project meets the requirements of a long-standing developer’s agreement they have with the county. The densities proposed are those that staff has required; they did not come from a potential developer. They want to create a very high-end, very desirable and very beneficial new community in Seminole County. It has nothing to do with two petition drives that are wanting to bring statewide gambling to Florida. This is a local project that would have local impact.

Mr. Jones advised the proposal would include 1,127 luxury apartments with ground floor retail, rooftop parks lush with green space, pocket parks throughout, and it is very walkable. The anchor of the entire facility is the Sports and Social concept. Some benefits to the community would be estimated at $3.9 million in new tax revenue to Seminole County along with tax revenue estimated at $136.5 million over the next 35 years from the retail and restaurant side, and 4,500+ new jobs.

Mr. Jones stated the main anchor of this proposed development is what is known as the Sports and Social (www.sportsandsocial.com). There are many around the country in locations like Allentown, PA; Arlington, TX; Atlanta, GA; Bethesda, MD; Cary, NC; Louisville, KY; Hanover, MD, Philadelphia, PA; St. Louis, MO; and Chicago, IL. This is not new and is a proven, successful concept, which is very experienced-driven.

Mr. Jones pointed out there are 100-foot-wide television screens showing sports, high-end dining, family-style games like skeet ball, air hockey, ping pong, shuffleboard, billiards, foosball, arcade games, and an additional entertainment is a poker room. He explained this is not a traditional Las Vegas-style poker environment; this is a small card room and would make up less than 5% of the venue, about 2,500 square feet. Also, these would be low-stakes and non-house banked games where the house has no take. He added that gambling has been going on at this location for 40 years and continues today. The availability of the pari-mutuel license on that property allows for Jai Alai and horse racing, and he said there is nothing stopping gambling activity to continue there. They are proposing to restrict gambling onsite to just poker. There are offerings around the country that have both an indoor concert setting and an outdoor area for live music. Mr. Jones noted it is too early to know what this particular project will have, but there will be an offering for live music.

Mr. Jones opined that property values around the site would rise and continue to go up, and the surrounding commercial would potentially raise their rents and bring in more money and would transform the entire area around it.

The property owner is R.D. Management and they have owned the Jai Alai for a number of years and worked with the County on the Oxford Road expansion project. They have now partnered with The Cordish Companies. This developer is not the type of developer that builds a project and disappears; they are the type that becomes a resident of the county. They have done the market research and are very excited to become residents of Seminole County. Also, they have received seven ULI (Urban Land Institute) awards. He then introduced David Cordish, CEO, who addressed the Board and talked about his company and its history along with information about the Sports and Social including the poker room, where they take $5.00 out of the pot to pay for the dealer.

Mr. Jones covered the Frequently Asked Questions portion of the presentation and explained they need to put this on the ballot because the Seminole County Charter restricts any type of casino gambling, so they must go to the citizens to get this approved because of the component of the poker room. Mr. Cordish then talked about why they are asking the Board to put this on the ballot rather than getting petition signatures and Mr. Jones discussed the ballot language. Mr. Jones stated they are asking the Board of County Commissioners to put this issue on the ballot for the people to decide. He opined this is an incredible opportunity for Casselberry, the county and the region.

Mr. Applegate said he had a brief statement to make on the law. Several years after the Charter provision was adopted, in 2018, pursuant to 2018-172 Laws of Florida, a special law for Seminole County was adopted by the Legislature which overrides the provision in the Florida Statutes concerning local government’s approval for card rooms. Notwithstanding Section 849.8.086(16) Florida Statutes, before the Division of Pari-mutuel Wagering may issue any additional license for a pari-mutuel facility in Seminole County to operate a card room, the required local government approval shall be granted with respect to such pari-mutuel facility only by the Board of County Commissioners of Seminole County, pursuant to the requirements of Article V, Section 1 of the Seminole County Home Rule Charter. Mr. Applegate stated in effect as of January 1, 2018, for purposes of this act only, the term “Casino Gambling” as defined in Article V, Section 5.1(B) of the Seminole County Home Rule Charter is deemed to include all activities authorized or by conducted, pursuant to Section 848.086 Florida Statutes.

Mr. Applegate explained that the Board decides whether to allow card rooms in compliance with the Charter, which the Board cannot approve a card room without the affirmative vote of the County voters. So simply put, the Board of County Commissioners is the gatekeeper to allow card rooms or not to allow card rooms in Seminole County, and if they do vote to provide it on the ballot, it would require an affirmative vote by the voters in the general election.

With regard to public participation, the following spoke in support: David Henson, Nancy Divita, Ken Greenberg, and Paul Partyka. The following spoke in opposition: Nancy Harmon, Lisa Huston, John Sowinski on behalf of No Casinos Inc., Chris Stone, Sharon Craft, Diana Marsden, Don Epps, Doug Matern, Colleen Hufford, Win Adams, and Aaron McGowan. No one else spoke in support or opposition, and public input was closed. Speaker Comment Forms were received and filed.

In rebuttal, Mr. Jones commented in terms of high density, he said this is the location that you would put high density. The County did a long study and they are the ones that put these densities into this project. Part of the Seminole County’s Future Land Use and Transportation element portion of that study identified this site for this use. They are operating under the framework of the developer’s agreement that they put together with the County. High density development is going to happen at this location, so the question becomes what do they want to see there. He noted that several people asked about the poker room and asked what happens if the poker room fails, and he said that this is a proven formula and the lynchpin of this project.

--------

Chairman Dallari recessed the meeting at 3:00 p.m.; reconvening at 3:05 p.m.

--------

Mr. Applegate advised that during the break a question was raised about what the process would be if the Board decided to send this to a ballot. He explained the Board would have to approve that by a majority vote to instruct his office and staff to create an ordinance for consideration to set this for a vote during the general election. The ordinance would be advertised for a public hearing and public comment would be heard during that hearing. A vote would then be taken whether or not to adopt the ordinance to set it on the ballot. On the other hand, if there was a citizen petition brought to the Board to put it on the ballot, then that would be the Board’s decision whether or not to do so.

Commissioner Constantine shared his reasons for wanting to reject a commission-initiated referendum.

Commissioner Lockhart addressed Mr. Applegate stating that several times when reading from the statutes, he referred to casino gambling and the definition of that. She questioned whether this project described by Mr. Jones would fit the definition of casino gambling. Mr. Applegate read aloud the definition of casino gambling from the Charter as follows: “Playing or engaging in any game of chance for money or any other thing of value, regardless of how the game is named, labeled, or otherwise characterized, which game is unlawful to the Constitution of the State of Florida, as of 1996.”

Commissioner Lockhart said they talked a lot about the property itself and how it has been used in the past. She asked what rights this property has to continue a form of casino gambling or pari-mutuel or otherwise. Mr. Applegate answered that as Mr. Jones represented, they do have a valid license at this point in time. She noted that many of the citizens asked the same question that she wrote down and that is if the house is only making minimal money on the card room, why is it needed to make the deal work. What she heard said by Mr. Jones is the fact that the card room is the key that makes this work, that it has never failed and this is the special sauce. But if for some reason the card room was to fail, they would find something else. Mr. Jones noted that it has never failed before but the contingency plan is that they would fill the void because they would not have a choice. Commissioner Lockhart said if it is not approved to include a card room on that site, it is interesting to her that the entire deal has been presented to them as resting on that room and if that is not approved, not only does this project not occur, but they are putting affordable housing there. Mr. Jones responded that the project that has been proposed by this developer is this and that is the product that they produce.

Commissioner Lockhart opined this property will be a high-density piece, but they are talking about whether or not this Board wants to put this card room concept on the ballot. The last time this was presented to voters was 25 years ago, and a lot has changed since then in the community, in the way that traditional gambling is viewed. They have a World Series of Poker on ESPN, they have father and son poker tournaments in people’s home, and it has become more socially acceptable 25 years later from what she has seen from when this was initially presented to voters. She said she is not convinced that this project with the inclusion of a card room would be a horrible thing, but she is also not convinced that it would be great. Because she is not being moved in a convincing way either way, she started to think about the concept of putting things to the voters and the discourse that needs to happen, and the fact that each of the Commissioners have their names on the ballot every four years and they have an opportunity to choose how they want to put their names on the ballot. They can collect thousands of petitions, and through that process have the opportunity to meet thousands of people and go door to door and go to coffees and different organizations to get to meet people. Also through that process, you learn a lot about the people you are actually representing, you learn a lot about what the community really needs and wants, and they get to learn a lot about you. You can do that or write a check and get on the ballot and she is not saying one is better than the other, but you have options.

Commissioner Lockhart stated she feels they should be consistent with some other things that this Board has talked about as recently as October, and they said they felt it was best for the community to have there be discourse, to have there be that opportunity for education that items, unless they were of an emergent critical nature that had to be done immediately for the betterment of this community, and allow citizens to take the initiative to put things on the ballot. So, she is leaning in that direction of encouraging a citizen petition.

Mr. Jones commented that those citizens are attempting to amend the Charter or put something new on the Charter, and that is not what they are trying to do. It has already been contemplated that the people reserve the right unto themselves to make the decision when it comes to gambling. This is not something new that has not had the discourse; this has already happened 25 years ago. He is asking the Board to follow the Charter and let the people make the decision. He opined there is a big distinction. Commissioner Lockhart noted she sees the distinction he is trying to make, but for her, she does not think that this rises to the level of this Board putting it on the ballot without there being some great indication that the citizens are driving this.

Commissioner Zembower remarked this is not about the density or development in this corridor because those decisions have already been made by previous boards decades ago. There is going to be high-density, residential and commercial in this area no matter what happens. He opined they are talking about the wrong thing here; this is really talking about what is already reserved to the electorate. This is not about approving a project; this is not about how that project is done; this is about Charter Amendment 5.1 that was put in place and is valid until such time the State Constitution or the Legislature takes action to approve certain gambling. Well they did that with 849.083, Card Rooms Authorized, in the Florida Statutes, so card rooms are already legal in this state. He added it is not this Board’s decision as to whether gambling should happen or not. The decision is for the electorate.

Commissioner Herr stated she thinks the citizens have the opportunity to make the decision per the electorate, but they also have the opportunity to get it onto the ballot. This Board pushing this to the ballot does not change their opportunity to vote on it; it is just the process by which it gets there. She added there is an educational process that happens by virtue of petitions, and she was elected a little over a year ago and gathered petitions during shutdown. So, it is not impossible, it is just different. She questioned whether this is a red herring. Is this card room a red herring that eventually becomes a bigger casino operation than the card room and she thinks that is the reality the citizens are concerned about in this county. She cannot get past the fact that if the card room does not go through, then they cannot develop this property. She would like to understand how the math on 2,500 square feet would support the entire bottom line for this gigantic operation.

Mike Jones, P.A., addressed the Board to explain that the card room is a draw, and it is what makes it a destination, which is why people would come from Tampa and Jacksonville, for example. If there was no card room, those people would not travel to this location. They will come and spend their money right here in Seminole County. Commissioner Herr responded she still believes this is a concept that needs to be fully vetted through the process that is established for getting somebody elected, getting something on the ballot, getting a change to the Charter.

Commissioner Lockhart stated this is a countywide issue and she would like Chairman Dallari to have the opportunity to weigh in before she makes the motion. She opined the picture that is being painted is a very attractive picture and Mr. Jones did a wonderful job with the presentation. She thinks the citizens of this community will respond to the vision that they are casting. She does not believe that this Board asking for a citizen petition to come to them to then put this on the ballot is usurping those citizen voices. She thinks they deserve to be courted to this potential change.

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to deny the request for a voter referendum to be placed on the ballot by this Board, and if a petition drive that is consistent with other portions of their Charter be presented to this Board, that they contemplate putting it on the ballot at that time.

Under discussion, Mr. Mike Jones stated that the motion is stating they have to go back and get a petition to get this before the people. He noted they started to do that and the Chairman suggested they roll it over to the January BCC meeting, so they did. So now it will not make the November ballot because there is not enough time before the election for it to be certified. They cannot get all those signatures in time so that would roll it over to the next general election in 2024. Mr. Applegate advised they would have to have the ballot wording sent to the Supervisor of Elections by no later than 90 days before the general election, so around August 1^st.

Commissioner Constantine clarified the motion is that they move to deny the request for a Board-initiated referendum on whether or not to allow a card room, and this does not prevent the requestor from seeking a citizen initiative. He believes there is time if the applicant wishes to go with the citizen initiative through a petition. He wishes RD Development success and said the concept is fine and he does not see why the pendulum swings based upon the 2,500 square-foot card room. So he thinks the citizens, through discussion and education and discourse of a petition drive, will decide one way or another, and he is in support of the motion.

Commissioner Herr pointed out that one of the reasons she prefers this methodology in addition to the others that she cited is it is actually in the developer’s best interest to socialize it this way in this community for the long-term success of building a better neighbor. She opined they just need it to go through the same process that any other thing would go through in the county for the best outcome for this development, and she wishes no more than the greatest success, and she hopes to be at their ribbon cutting.

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

--------

Chairman Dallari recessed the meeting at 3:45 p.m.; reconvening at 3:50 p.m.

PUBLIC COMMENT (Items not related to agenda)

Clyde Robertson, on behalf of his business Thermotane Propane and as the director of the Florida Propane Gas Association, addressed the Board. He distributed handouts (received and filed). He explained they are having an issue with how the local, state Fire Marshal is interpreting the code book. He came and presented this issue to the Board previously. He believes there is no reason for argument because it clearly states in the code book that you can put a propane tank in the ground 10 feet from the buildable property line. He talked about the permit sheets that he handed out saying that in both instances, there is a 10-foot setback for a home to be built on, and that is how they determine the buildable property line.

Mr. Robertson stated they have run a safe business for many years. They submit a permit to the Building Department which has an engineer who looks at it also and determines if this is a reason to issue a permit. They do the job and up until three years ago, the Building Department would give them a final check off. He referred to an “Informal Interpretation” letter from the Florida Division of State Fire Marshals that he submitted and read from that stated they have the “inability to confirm setbacks that will be established.” He expressed that they do have that ability because all they have to do is read the zoning laws for that neighborhood which is where they are established. He pointed out on the permit sheets that they were placing the tanks where they had been permitted and approved previously with bigger tanks because both homes were adding a generator. They are both well off the buildable property line and he does not understand where they are getting confused on what they can and cannot determine. He interpreted the “Informal Interpretation” letter to say that the local Fire Marshal may have a problem figuring this out but she will have to deal with the local zoning rules. He commented they have been doing this for many years and they would just like to work together and make this work. He further explained when they originally submitted the paperwork by their permit specialist, they did say they would be 10 feet from the property line, only because she had already ruled they could not put “buildable” in there, and when they went to revise the permits to say “buildable property line,” the Building Department then said they cannot do that because they are in a dispute with the County. He noted they could get around this because they could place it anywhere that the neighbor allows if the neighbor signs a notary equivalency. He does not believe that is the answer.

Chairman Dallari requested that the County Attorney address this. Mr. Applegate said he appreciates Mr. Robertson’s comments and position. He read from a memo that Christina Diaz, their Fire Marshal sent on January 30^th (not received and filed), which stated she is hoping to receive resolution to this matter quickly and will oblige with whatever determination is made by the State. He said he feels very strongly and cannot override the determination of the Fire Marshal.

Chairman Dallari opined it would be prudent to let staff work this through with the state agencies to see where this is going.

Commissioner Zembower said what he is seeing is a business person that has been conducting business in this county for over 40 years, and has obviously been putting propane tanks on properties for 40 years. And now, as of the last two to three years, the way this has been done prior to that is no longer good. Is this new code or something this Board adopted; is it something that was just never enforced. He does not know the answer but thinks they should know the answer to that. As a business man, he cannot see spending two days, all day, waiting on the BCC to give public comment to come and complain about something that is not an issue. If the code has changed, it has changed, he has got it. But they have had, quite frankly, some other complaints about their Fire Marshal on other issues, so he would really like a briefing to understand this.

Mr. Robertson noted he spoke with the NPGA (National Propane Gas Association) and they made the determination that if they are following NFPA 58 (Liquefied Petroleum Gas Code), the specialist said that zoning determines the buildable property line. That is what the code book goes by. Mr. Robertson indicated they do business with 37 cities in 6 other counties, and nowhere else does this happen. On a personal note, he shared his company has now been turned into the Better Business Bureau because they “don’t know what they are doing.”

Commissioner Herr thanked Mr. Robertson for being so incredibly polite because her office has been working with him for quite a while. She asked how long this has been going on because she loves the idea they should wait for a response but she thinks they all need to understand how long this has been going on. Mr. Robertson responded that it started on a job when the previous Fire Marshal was here and that was in September of 2020. Because at that time they conceded because he did not want to leave his customers without propane gas, so they moved the tank. He reminded they have trained 14,000 firefighters in Florida of how to handle this hazardous material. They are all behind keeping them the A1 county to live in.

Commissioner Herr asked that they do everything they can to engage at the state level to get this letter answered and that the County Manager bring this over the finish line because this has gone on much too long. She said she is quite honestly frustrated by the level of back-and-forth that has happened with it.

Speaker Comment Form received and filed.

--------

Bill Hyde addressed the Board and stated a few years ago, he was one of the only people to object to the new fire fees and so forth. But the promise was made that great things were coming and they were going to have the best Fire Department and so forth. Not too long ago he heard a presentation in these BCC Chambers that the Fire Department had finally gotten everything that needed to be done, and now they are an ISO Class I county. At a CALNO meeting, he saw a presentation by the Fire Chief. He immediately got in touch with his insurance company and has received a break on his insurance because of that rating. So, when they do something well, they deserve a pat on the back. Chairman Dallari thanked him for recognizing the Fire Department.

Speaker Comment Form received and filed.

--------

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:20 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

tlp