BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

January 25, 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, January 25, 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 Clerks Kyla Farrell and Terri Porter

OPENING CEREMONIES

Maggie Wang, Central Florida Freethought Community, Oviedo, gave the invocation. County Attorney Bryant Applegate led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3183

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to adopt a Proclamation proclaiming Captain Julie Hathorne, United States Army, as Seminole County’s January Veteran of the Month.

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

Agenda Item #2 – 2022-3172

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming February as Black History Month in Seminole County.

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

Agenda Item #3 – 2022-3175

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to adopt appropriate Resolution #2022-R-12 support St. Johns River Water Management District’s (SJRWMD) Innovative Algae Harvesting Project.

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

Commissioner Zembower advised Senator Brodeur has pledged to find additional funding for the ability to pledge towards Lake Jesup cleanup and other innovative technologies. They hope to know something about that in the next several months.

Agenda Item #4 – 2022-3173

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming February 11 as Heart of Florida United Way 211 Day.

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

Agenda Item #5 – 2022-3167

Chairman Dallari announced the presentation for Agenda Item #5, 2021 Build a Better Mousetrap-Smart Transformation Award, was pulled from the agenda.

Agenda Item #6 – 2022-3174

Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed).

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to implement the purchase recommendations of the Board’s Financial Advisor based on the report submitted today and direct the Clerk to implement said Board-adopted recommendations.

Under discussion, Chairman Dallari asked Clerk Maloy if he had any comments. Clerk Maloy replied he did not.

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

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

Agenda Item #7 – 2021-3052

Scott Seck, Horizon Engineering, Inc., addressed the Board and reviewed the Seminole Wekiva Trail Proposed Grade Separated Crossings at SR 434 and SR 436 presentation (as included in the agenda backup). After questions to Mr. Seck and staff, the Commissioners discussed their preferences specifically regarding overpasses versus tunnels.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, for a tunnel at 434 with a cross section of 12 foot and a tunnel at 436 with security cameras.

Under discussion, Commissioner Constantine asked if that was contingent on funding to alleviate the delta, and Commissioner Zembower answered yes.

With regard to public participation, no one spoke; and public input was closed.

Commissioner Lockhart asked if they put security cameras at any of their facilities, is there an implied sense of responsibility on the County’s part. Mr. Applegate answered there is always a chance of liability on either option. Putting in cameras is more of a planning function. He thinks from a sovereign immunity point, the County would be protected. Commissioner Lockhart asked if those cameras would be monitored real time like traffic cameras or are they for review after a crime has occurred. Mr. Seck replied that would be direction that the Board would give, but they could be monitored live. His understanding is that is what Altamonte Springs is doing; they’ve worked with their Police Department, and those are live cameras being monitored. They are really deterrents. Commissioner Constantine stated since Altamonte Springs is asking for these tunnels, and they’re already doing camera monitoring in one location, he thinks it would be a reasonable request that they monitor these two tunnels.

Commissioner Lockhart asked if there is an option to break the motion apart and take up the two intersections separately, or if the motioner thinks they need to be the same. Commissioner Zembower replied he wants to be clear with his fellow Commissioners that if at some juncture as this moves along, they discover some reason that they can’t do a tunnel or it no longer makes sense to do a tunnel, then he’s happy to have the discussion of doing something different.

Commissioner Lockhart asked for clarification as to what happens after the Board gives direction today. Mr. Seck explained staff would make sure they secure FDOT funding, advertise the project, and select a consultant; then once it gets started, the Board can say they want them to come back at a 15% design phase for an update. During the update, more data will be provided, it will be a “deeper dive,” there will be more coordination with the property owners and stakeholders, and they will have conversations with Altamonte Springs regarding the security cameras.

Commissioner Lockhart confirmed with Commissioner Constantine that his second was contingent on funding from MetroPlan. She asked if they are giving direction to move in a path that is contingent on funding, at what point do they find out about the funding and how far along in the planning process will they be before they find out whether or not they are going to receive the funding.

Public Works Director Jean Jreij addressed the Board and discussed the process for FDOT LAP funding. He noted they currently have $1 million allocated for design. Commissioner Zembower asked as they move forward with the design, at what juncture will staff be able to tell the Board whether or not it is going to be feasible. Mr. Jreij answered he would assume around 30%. Mr. Seck added he would say somewhere between 30% and 60%.

Commissioner Zembower amended his motion for staff to report back to the Board at 50%. The seconder agreed. Commissioner Zembower explained by then they should know whether they have viable options.

Commissioner Herr stated they have very interested parties and very educated parties that made a recommendation, yet there seems to be alignment against the recommendation; and she simply doesn’t understand it. It seems that they simply just like tunnels better at a 50% increased cost. She can’t reconcile it. Commissioner Constantine advised in talking with some of the parties, he thinks one of the reasons that both staff and the PPAC recommended Alternative 1A was because of the cost. Therefore, that is why he seconded contingent upon funding. He thinks if it was not for the 50% cost increase, the parties would have been more amenable to a tunnel because that is what they’ve always preferred. But at the time they were making their recommendations, the ability to have MPO dollars was not on the table; therefore, they felt that the other option was more acceptable. Mr. Seck agreed cost was a consideration with their thought process.

Commissioner Zembower stated in previous meetings, PPAC’s concern was financial. Their seconded concern was the distance in which to connect with their bicycles in coming into that trail area at 434, and that has been addressed. Mr. Seck advised with either the bridge or underpass option for 434, the big thing there is they don’t want really long secluded areas whether they are high or low. They will add in additional stairs so people can get up or down from either one of them to make sure that if you go halfway, there is a way to go back or take the stairs out.

Leisure Services Director Rick Durr addressed the Board and stated when you have to make a selection between something that costs twice as much as the option one, the emphasis is trying to get a project done so everyone starts to gravitate towards the less expensive option. Staff would love to be able to see a project done that addresses the ability to cross safely and to continue that experience through on the trail system, it’s just hard to swallow when it’s twice the cost. Commissioner Lockhart asked if price was not an option and just the experience was on the table, which one Mr. Durr thought the stakeholders would have gravitated toward. Mr. Durr answered he thinks there’s a lot of validity in saying that the tunnels are a little bit easier to use in the overall scheme of things. They have a number of bridges already, and they have issues with the switchbacks; and the idea that if you’re approaching 436 coming down from the trailhead, your crossing almost disappears and you come out on the other side and you’ve got no idea that you just went through this very congested area. He thinks they would probably have a little more favorability on the tunnels portion of things. You get your 30 seconds of being in the shade, and there’s something to be said for that as well. It’s a nice place to go down, and you’re through it pretty quickly. Commissioner Lockhart asked if the names and players changed of the stakeholders that were involved during any of the discussions that may have driven the conversation one way or the other. Mr. Durr replied over the last year they’ve had some people come off of the PPAC and new people come on. They’ve even had a change in project managers from staff’s standpoint as well. So, yes, there has been a change in that direction; but from the top of the list, everyone’s priority has been picking a solution that has a chance of getting done because that is the number one objective.

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

District 5 voted NAY.

Motion passes 4 to 1.

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Chairman Dallari recognized Commissioner Lockhart for being honored as the 2022 Association of Florida Colleges Trustee of the Year for her services at Seminole State College.

The Chairman had Clerk Maloy discuss the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. Jenny Spencer, Clerk’s Office, Director of Finance, addressed the Board and discussed the Annual Comprehensive Financial Report. The Board congratulated Clerk Maloy and Ms. Spencer.

Chairman Dallari discussed the Haggerty High School sidewalk project.

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Chairman Dallari recessed the meeting at 10:55 a.m., reconvening at 11:05 a.m.

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 Herr, to approve the following:

Community Services

Business Office

8. Adopt and authorize the Chairman to execute appropriate Resolution #2022-R-13 amending certain fees set forth in Section 20.26 of the Seminole County Administrative Code pertaining to fees and charges for services provided by the Seminole County Health Department. (2021-2915)

Community Assistance

9. Approve and authorize the Chairman to execute The Christian Sharing Center, Inc. State Housing Initiatives Partnership (SHIP) Rapid Rehousing (RRH) Program Agreement in the amount of $75,000 to help homeless individuals and families obtain permanent housing. (2022-3162)

10. Approve and authorize the Chairman to execute the Agreement between Seminole County and Embrace Families Solutions, Inc. State Housing Initiatives Partnership (SHIP) Rapid Rehousing (RRH) Program in the amount of $65,000 to help homeless families obtain permanent housing. (2022-3184)

Community Development

11. Approve and accept the Neighborhood Stabilization Program (NSP) Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the months of November and December 2021. (2022-3158)

Development Services

Planning and Development

12. Approve the plat for the Wildwood Hammock subdivision containing two (2) lots on 5.49 acres of net buildable area zoned A-1 (Agriculture), located on the east side of Hester Avenue, south of Silk Tree Circle. (2022-3132)

13. Authorize the release of Maintenance Bond #SU1156088 in the amount of $91,729.51 for private road maintenance for the Hawks Crest Phase 2 subdivision. (2022-3185)

14. Approve the plat for the Reserve at Hillview subdivision containing forty-one (41) lots on 12.13 acres zoned Planned Development, located on the north side of Hillview Drive, east of Mathews Road. (2022-3156)

Environmental Services

Solid Waste Management

15. Approve and authorize the Chairman to execute two (2) Certificates of Public Convenience and Necessity for USA Services of Florida, Inc., and Environmental One, LLC effective from October 1, 2021, through September 30, 2022. (2022-3157)

Business Office

16. Approve and authorize the Chairman to execute the Local Water and Wastewater Mutual Aid Agreement for Personnel and Equipment Between Seminole County and the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo and Sanford. (2022-3170)

Public Works

Engineering

17. Approve and authorize the execution and recording of an Underground Easement to Florida Power & Light Company for electrical service on property owned by Seminole County related to the proposed Juvenile Detention Center and Five Points parking garage site. (2022-3166)

Facilities

18. Approve and authorize the Chairman to execute the First Renewal to Lease Agreement with Impower, Inc., with an annual rent of $1.00 through April 12, 2024. (2022-3155)

19. Approve and authorize the Chairman to execute the Third Amendment to Reflections of Hidden Lake Community Services Department Lease with maturity date of September 30, 2024. The annual rent remains at $43,500 through January 1, 2023. (2022-3154)

Traffic Engineering

20. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-14 reducing the speed limit from 35 MPH to 25 MPH on West Lake Brantley Road between Sand Lake Road and West Brantley Drive comprising 1.25 miles. (2022-3168)

Resource Management

Budget

21. Approve submittal of a Grant Application to the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) Harm Reduction Grant Program requesting up to $1,200,000 to support community-based overdose prevention programs; and authorize the County Manager to execute the grant application and supporting documents as required including contract and Budget Amendment Request (BAR). (2022-3164)

22. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-15 implementing Budget Amendment Request (BAR) #22-020 in the amount of $285,392 in the 2014 Infrastructure Sales Tax Fund for the Goldie Manor Sidewalk Project. (CIP#01785260). (2022-3161)

23. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-16 implementing Budget Amendment Request (BAR) #22-022 in the amount of $600,000 in the 2014 Infrastructure Sales Tax Fund for additional funding for the Sidewalk Repair/Rehabilitation Project. (CIP#01785479). (2022-3163)

24. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-17 implementing Budget Amendment Request (BAR) #22-023 through Environmental Services funds totaling $330,000 to establish funding for additional capital and operating needs. (2022-3165)

Purchasing and Contracts

25. Award IFB-604229-21/LNF - Term Contract for Enterprise Workflow Platform to Computer Training & Consulting, LLC, Tallahassee; and authorize the Purchasing and Contracts Division to execute the agreement. The annual fixed cost is $75,000. (2022-3121)

26. Award RFP-604210-21/LNF - Term Contract for Rough Cut Mowing and Grounds Maintenance to Cato Environmental Services, Inc., Lake Mary; and authorize the Purchasing and Contracts Division to execute the agreement. (2022-3118)

County Attorney’s Office

27. Approve the Interlocal Agreement with the seven Cities (Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Altamonte Springs, and Winter Springs) for the use of Seminole County Regional Opioid Settlement Funds. (2022-3176)

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

28. Approve Expenditure Approval Lists dated December 21 and 28, 2021, and January 4, 2022; Payroll Approval Lists dated December 22, 2021, and January 1, 2022; and BCC Official Minutes dated October 26, 2021. (2022-3186)

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

Clerk & Comptroller’s “Received and Filed” Documents

1 Amdmt #1 to W.O. #1 to RFQ-3320-20/Hanson Professional Services, Inc.
2 Amdmt #1 to W.O. #14 to PS-2826-20 with Atkins North America
3 Amdmt #1 to W.O. #2 to RFQ-3320-20/Hanson Professional Services, Inc.
4 Amdmt #1 to W.O. #22 to PS-1522-17/Professional Service Industries, Inc.
5 Amdmt #1 to W.O. #9 to PS-0121-15/DRMP, Inc.
6 Amdmt #3 to W.O. #15 to PS-1666-07/Inwood Consulting Engineers
7 Amdmt #7 to W.O. #6 to PS-2468-19 with CPH
8 Amdmt #8 to W.O. #40 to PS-0009-21 with Inwood Consulting Engineers
9 American Rescue Plan Act Funding Agrmt (ARPA) w/Rainbridge II LLC dba Ramada (as approved by the BCC 10/26/21)
10 Bid (1) for IFB-604212-21 from JC Code & Construction Consultants
11 C.O. #1 to DB-2785-19 with Wharton-Smith
12 C.O. #10 to CC-2772-19 with APM Construction
13 Closeout to CC-3398-20/Construct Co.
14 Closeout to W.O. #28 to CC-0559-15 with Central Florida Environmental Corp.
15 D.O. #21-30000082, 355 SR436, Floor & Decor/#21-30000083, 787 Fantasy Ln, Vargo/#21-30000084, 108 Tangerine Dr, Wagner/#21-30000085, 121 Lamplighter Rd, Washington/#21-30000086, 303 Fox Squirrel Ln, McKeen
16 D.O. #21-30000087, 1130 Teagarden St, Sanjuan/#21-30000088, 2322 Ivy Harvest Pl, Hawes/#21-30000089, 6003 Linneal Beach Dr, Carrazana/#21-30000090, 3961 Centerville Way, Beuscher/#21-30000091, 2715 Estuary Lp, Brazendale
17 D.O. #21-30000092, Lot 8 Hawkins Ave, Williams & Morris/#21-30000093, 205 Lake Destiny Trl, Taylor & Slade/#21-30000094, 142 Hilltop Pl/DENIAL #21-30000095, 1754 Lake St, Johnston/#21-30000096, 2837 Cliffe Ct, Zawerschnik
18 First Amdmt to RFP-603794-20/On Computer Services, LLC
19 Letters from Chairman Dallari to various boards and committees regarding BCC Liaison Appointments
20 Ninth Amdmt to PS-1822-18/Jacobs Engineering Group
21 Parks Contract for Services with Francis Gallery, Andre Jackson, Jesus Lopez, John Marzullo, and Tim Marzullo
22 Parks Contract for Services with Kenneth Alston, Virginia Alston, Susan Dodd, Bobby Duncan, Lynford Ferguson, and John Fiorenza
23 Parks Contract for Services with Robert Smith, John Charles Thaens, Michael Verses, Louis Edward Warren, Nina Kay Woulfe, and Daniel Ziegler
24 Parks Contract for Services with Steve McFerren, Sarah Mitzel, Mario Ortiz, Ron Prager, and Joseph Santora
25 Parks Contract w/Christopher Taylor, Ronald Moyer Jr., Keyver Oliveros, Daniel A. Rivera, Steven Davis
26 Parks Contract w/Laurens Vermueler/Charles W. Honaker, Jr.
27 Perf Bond #59BSBIU1757/$297,732.88/Grayson Square (Slovak Garden Howell Branch Rd ROW Use)/Pulte Home Company
28 Performance Bond #1092279 Towns at Tuskawilla/$161,044.63
29 Performance Bond #285062678 Racetrac #2549/$218,748.51
30 Second Amdmt to CDBG Subrecipient Agrmt w/Christian Sharing Center (approved by BCC 2/23/21)
31 Second Amdmt to ESG Subrecipient Agrmt w/Recovery House (approved by BCC 2/23/21)
32 Second Amdmt to ESG Subrecipient Agrmt w/Rescue Outreach Mission (approved by BCC 2/23/21)
33 Second Amdmt to ESG Subrecipient Agrmt w/Victims' Rights Coalition (approved by BCC 2/23/21)
34 Second Amdmt to RFP-602684-16/AVI-SPL
35 Tenant Based Rental Assistance Agrmt w/Sem Co Housing Authority
36 Tenant Estoppel Certificate for Brio Business Center Lease
37 Tourist Tax Funding Agrmt w/Elite Clubs National League Inc. for 2022 Boys ECNL Florida National Event
38 Tourist Tax Funding Agrmt w/Elite Clubs National League Inc. for Girls ECNL Florida Regional League National Event
39 Tourist Tax Funding Agrmt w/Florida PGF LLC for Last Chance 99 Tournament
40 W.O. #1 to PS-3277-20 with Geosyntec Consultants
41 W.O. #1 to RFP-3750-21/McKim & Creed, Inc.
42 W.O. #10 to PS-9742-14/Jacobs Engineering Group
43 W.O. #19 to PS-2826-20/Pegasus Engineering, Inc.
44 W.O. #2 to RFP-3750-21/Revere Control Systems
45 W.O. #2 to RFP-3750-21/Star Controls, Inc.
46 W.O. #20 to PS-2826-20/Pegasus Engineering
47 W.O. #21 to PS-1529-17 with Iteris
48 W.O. #21 to PS-2826-20/Pegasus Engineering
49 W.O. #23 to PS-1522-17 with Professional Service Industries
50 W.O. #3 to PS-2483-19/Ayres Assoc., Inc.
51 W.O. #3 to RFP-9984-14/Jacobs Engineering Group
52 W.O. #36 to RFP-1294-17/M&J Enterprises Int'l
53 W.O. #48 to PS-1320-17/Wood Environmental & Infrastructure Solutions
54 W.O. #5 to PS-3078-20/SCS Engineers, Inc.
55 W.O. #50 to PS-1822-18/CPH
56 W.O. #55 to PS-1832-18/CDM

REGULAR AGENDA

Agenda Item #29 – 2022-3145

Wekiva Island Fall Fest 2022 Special Event Permit/

Mary Sue Weinaug

Agenda Item #30 – 2022-3144

Wekiva Island Paint Out and Spring Fling 2022 Special Event Permit/

Mary Sue Weinaug

Agenda Item #31 – 2022-3146

Wekiva Island Winter Wonderland 2022 Special Event Permit/

Mary Sue Weinaug

Mary Robinson, Planning and Development, addressed the Board and presented all three items as outlined in the agenda memorandum. She advised staff recommends approval of all three Special Event Permits subject to staff’s recommended conditions included in the attached Special Event Permits.

Mary Sue Weinaug, Applicant, addressed the Board and stated she is requesting what she proposed. Chairman Dallari asked if she wanted to deviate to staff’s recommendations, and Ms. Weinaug answered no. She added her request is not unreasonable at all.

With regard to public participation, Michael Niznik, Candace Niznik, Jeff Stamer, Jill Uliano, and Douglas Gagnon spoke in opposition. No one else spoke in regard to the Wekiva Island Special Event Permits, and public input was closed. Ms. Weinuag addressed some of the comments made by the public. Public Comment Forms were received and filed.

Commissioner Zembower requested staff discuss the original Development Order for Wekiva Island, specifically what it says about special events. Ms. Robinson stated per the Development Order, the total number of special events per year is to be limited to four events and will not exceed a total of 60 days in a calendar year as approved by the BCC. Additional food trucks will be permitted during special events as approved by the BCC. Commissioner Zembower confirmed with Ms. Robinson that there is nothing else in the Development Order regarding special events.

Commissioner Herr stated the Development Order that was just referenced was from 2018. She pointed out there is also an Amended and Restated Final Master Plan Developer’s Commitment Agreement that references capacity and states capacity will be 395 persons, including employees, unless specifically addressed otherwise by a Special Event Permit. That is not in the Development Order, it’s in the Developer’s Commitment Agreement; and that is where there is confusion around the idea that 395 is a hard and fast number when the owner of the property thinks 395 is not a hard and fast number. Ms. Robinson noted a Special Event Permit allows the property owner the ability to ask for exceptions to both recorded documents; capacity and amplified sound.

Commissioner Lockhart confirmed with Ms. Robinson the deviation of those agreements through a Special Event Permit is for more than just capacity and sound; it’s also for extended hours. The Commissioner stated harkening back to one of the last times they had this discussion, there was a significant amount of conversation around noise, and there was going to be a sound study. She asked for the results of that study. Ms. Robinson advised the Applicant did hire an acoustical engineer, but the cost was very prohibitive to their budget; therefore, they canceled the special event at that time. Commissioner Lockhart stated in an attempt to be somewhat consistent, she doesn’t think the concerns around sound and noise amplification have changed; and that was one of the main things the Board expressed. They need to get a handle on an acceptable noise level so that the Sheriff’s Office has the ability to say if they are too loud. But they haven’t moved the needle on that, and they don’t have that; so she’s stuck in that last conversation without new information.

Commissioner Zembower stated the Development Order allows the Applicant to ask for a Special Event Permit. Anybody could ask for a Special Event Permit if they have more than 300 people in attendance. He asked what the sole purpose of a Special Event Permit is; and Ms. Robinson answered it’s to address things like hours, noise, time frames, capacity, type of event, and all of those kinds of things. Staff takes a close look at it and does inspections prior to the opening. Commissioner Zembower asked if there was any language in the Development Order or the Developer’s Commitment Agreement that says a Special Event Permit can only be limited to 395 people, and Ms. Robinson answered no.

Chairman Dallari asked Mr. Applegate if someone has a Special Event Permit whether or not they are allowed to go beyond what the County noise ordinance is, and Mr. Applegate answered under the provision in the Land Development Code and in the noise ordinance, special events are exempt from the noise ordinance.

Commissioner Constantine requested Kathy Hammel, Planning and Development, address the Board. Ms. Hammel worked to create the original Development Order. Commissioner Constantine discussed how they created the Development Order and the language regarding special events. Ms. Hammel stated special events pertain to the Applicant going beyond what is allowed in a Development Order. Staff did limit Wekiva Island, more restrictive than what the Code allows, by reducing special events from 90 days to 60 days and also limiting the total amount of special events they could have. Commissioner Constantine stated before they had more opportunities, but now they have to deal with the Development Order that they have right now. He understands that there are varying degrees of opinions on the Board, and they have to find a way to cut through the various concerns of both the Applicant and the adjacent property owners.

Commissioner Lockhart asked if there was anything related to a noise level in the Development Order, and Ms. Hammel answered they were going to have noise monitoring on the site; and that was something they did in agreement with the Sheriff’s Office. They also had something to have them redirect the sound going toward the river and not towards the residents. There were a lot of discussions about noise, hence they restricted the hours of operation and when they could have outdoor amplification of sound. Commissioner Lockhart asked whether or not the noise work that was done involving the Sheriff produced a certain decibel level. Ms. Hammel explained there are certain limitations that they have with the monitoring, but it is on a decibel scale. The Development Order states noise is deemed a nuisance when it exceeds five decibels over the background decibel level of more than five consecutive minutes, and background level shall be normal nature sounds. The Sheriff’s Office will be responsible for sound measuring and enforcing any sound nuisance complaints. Commissioner Lockhart stated from her perspective, if the base expectation for this piece of property is natural noises, then a rock band may be excessive. She thought when they had this discussion last time, they were going to try and pick something above five but not up to whatever the Applicant wants. She’s wondering how they can get to the reasonableness factor without a noise study of some sort.

Ms. Hammel advised the Code of Ordinances states for Commercial, between the hours of 7:00 a.m. and 11:00 p.m., a property owner is allowed 65 decibels; between 11:00 p.m. and 7:00 p.m., they are allowed 60 decibels. That is the standard for Commercial uses. Commissioner Lockhart pointed out that Wekiva Island has a Development Order that deviates from the Code. Absent a noise study, Commissioner Lockhart asked if they just want to pick a number.

Commissioner Zembower asked if Ms. Hammel is indicating that the noise ordinance for Commercial includes special events, and she answered no. Commissioner Zembower asked if a business wants to have a grand opening event, are they allowed to deviate as long as they have a Special Event Permit. Ms. Hammel replied noise standards are in the Code of Ordinances, and special events are in the Land Development Code. Mr. Applegate answered when they look at the Land Development Code and the noise ordinance, special events are exempt from the noise ordinance. If there is an executed agreement that states noise will not exceed a certain decibel even with a Special Event Permit, then there’s an argument that they’re in violation of their Special Event Permit and, at that point, are in violation of the noise ordinance. Chairman Dallari asked Ms. Hammel if an agreement like that exists with Wekiva Island, and Ms. Hammel answered there is not a recommendation on the maximum number of decibels as part of a special event. It is in the Development Order for their day-to-day operations, but special events can exceed that.

Commissioner Herr stated to her it’s all connected. The number of people drives noise and traffic. She stated if it is the County’s responsibility to monitor the documents that have been put in place with exceptions that they’ve made for the property owner, she isn’t 100% certain she understands why they thought the property owner should bear the expense of a noise study. If they want to get good at this, they need to figure out whether or not they want to step in to say what is reasonable. She thinks the fact that the two documents exist, indicates that even the owner of the property appreciates the fact that this is different and has conceded to a 60-day limitation on noise. However, she doesn’t think this discussion ever ends until they know what’s tolerable, and she heard very loud and clear that the Sheriff is not enforcing because they don’t feel it is enforceable based on the current language. The Board needs to fix that if they want to fix the issue. She wants to know how much the noise study was. Ms. Weinaug advised the estimate she received was for $10,500.

Commissioner Zembower stated it is his recollection that this was all because of a non-conforming use and explained why. Commissioner Constantine added his knowledge of the history of Wekiva Island. He advised there is supposed to be a process where whenever there is a problem on either side, a representative from Wekiva Island (Ms. Weinaug) and a representative from the community (Jeff Stammer) are supposed to talk and try to fix it before coming to the Board. The Commissioner doesn’t believe that is happening. After hearing from Ms. Weinaug and Mr. Stammer, it was determined there was not much communication.

Commissioner Constantine advised he would like to look at the first event request, which is Fall Fest for two days on October 29 and November 12, 2022. The Applicant requested amplified sound and 500 guests. The amplified sound will be for the costume contest on October 29 and throughout the day on November 12 for the Big Green Egg food demonstration. The costume contest is under the solar array and faces the river, and the food demonstration is on the deck in front of the garage doors facing the river. The amplified sound will be through a bullhorn or microphone. The Applicant is not asking for a change in hours of operation for this event.

Commissioner Lockhart pointed out that 60-65 decibels would be equivalent to a normal conversation and laugher. She couldn’t even find five decibels on a chart because it’s basically nothing. Commissioner Herr stated in the Development Order there is no amplified sound allowed, it is only allowed in the Special Event Permit. She thinks that is the question that keeps getting asked. The sound measuring is related to the south-property fence line contiguous to the Sweetwater Springs subdivision.

Commissioner Constantine stated he isn’t inclined to give any additional sound above the five decibels at the south-property fence line, which can be measured. Chairman Dallari stated he is all right with the request for 500 guests because Wekiva Island’s parking requirement is 271 spots. If there are only 2 people in a car, that’s 542 guests. If they want to limit it to 500, to him, they are basically reducing guests. Commissioner Herr pointed out the Development Order includes staff, so you have to subtract 30 or so employee spaces from 271 guest spaces. Ms. Weinaug replied they don’t have 30 employees that time of the year. Commissioner Herr asked how many employees they have; and Ms. Weinaug answered during the winter, they have 24 but some drive together.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the Wekiva Island Fall Fest Special Event Permit for October 29, 2022, and November 12, 2022, subject to staff’s recommended conditions included in the attached Special Event Permit with the following conditions: keep the noise at no more than 5 decibels at the south-property fence line as delineated in the Development Order, 450 guests, no walk-ins, and a guarantee that they have enough restroom facilities.

Under discussion, Commissioner Herr asked if Commissioner Constantine’s motion regarding sound is complying with Item K in the Development Order. Commissioner Zembower clarified the motioner stated as delineated in the Development Order, and Commissioner Constantine advised that is correct.

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

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Chairman Dallari recessed the meeting at 12:11 p.m., reconvening at 12:15 p.m.

The Chairman stated if there are no objections, they will finish the Wekiva Island Special Event Permits for Agenda Items #30 and #31, and then break for lunch. When they reconvene for the afternoon session, they will pick up with Agenda Item #32. There were no objections.

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Commissioner Constantine stated they are now looking at the second event request, which is Paint Out and Spring Fling for 28 consecutive days starting February 27 through March 26, 2022. The Applicant requested extended hours of operation (8:00 a.m. to 11:00 p.m.) for the entirety of the event and 500 guests. There is a request for amplified sound for the art auction under the solar array on March 2 and a band on March 5 that will perform on the deck of the classroom building. Chairman Constantine stated as he recalls, those requests have been agreed to in the past as far as the art auction and band.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the Wekiva Island Paint Out and Spring Fling 2022 Special Event Permit for Sunday, February 27, 2022, through Saturday, March 26, 2022, subject to staff’s recommendations included in the attached Special Event Permit with the following conditions: accept staff’s recommendation for hours of operation; 450 guests on Saturdays and for the art auction; no walk-ins; guaranteed restroom facilities; and allow the band on March 5, but no additional amplified sound beyond the south-property fence line as delineated in the Development Order.

Under discussion, Commissioner Lockhart stated she really appreciates that they are trying to protect the specific neighbors that are closest to the event venue. There is also wildlife that is disturbed by the sound. The traffic coming up and down Miami Springs Drive also produces quite a bit of noise. She knows that the Development Order only addresses the southern fence line; but she feels like if they’re going to continue to increase the number of guests, it is all interrelated in terms of the regular noise, not just the amplified sound. Every car and every motorcycle that goes down that road is increasing the noise for those neighbors in addition to the amplified sound. She just wants to state that as a consideration.

Commissioner Constantine stated there is no science to this. They have stuck to the 395, and there has been much less consternation between the neighbors and the Applicant over the last few years. There was a recognition that there would be special events, and that those special events would potentially have additional capacity. He is not asking for any change in the sound. There has to be some recognition that some of the cars parked in the 271 spaces are going to have more than one person in them. His motion states that the 450 guests aren’t for the full 28 days; it only includes Saturdays and the art auction. They are only allowing an extra 55 guests on those specific days, which is probably only about 20-30 additional cars. He thinks that is reasonable.

Commissioner Lockhart confirmed with Commissioner Constantine that he is not allowing for any change in the hours of operation. For clarification, he stated no change in staff’s recommended hours; he is agreeing with the staff recommendation for hours of operation.

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

Commissioner Constantine stated in regard to Winter Wonderland, he is going to ask that they postpone this item without any cost to the Applicant. In the Development Order, there was an understanding that the folks in the neighboring community and Wekiva Island would work together. Clearly, they are not doing that as much as the Board would like them to. He thinks they need to get that done. This item asks for a lot more than the previous two requests, so he would like to see how the other two events work out before he approves a permit for Winter Wonderland.

Commissioner Zembower asked if Commissioner Constantine wants to wait until the Fall Fest and Paint Out and Spring Fling events are completed to talk to the constituents in District 3 to see if they can get to an understanding or if is he asking for that as well as reopening the Development Order. Commissioner Constantine answered he is not asking for any changes to the Development Order. He would like for them to wait until after the first event (Paint Out and Spring Fling) to come back with the request for the Special Event Permit for Winter Wonderland.

Commissioner Herr stated she doesn’t know if that’s a sustainable business model that they don’t allow the Applicant to plan for what they’re going to do at Christmas until the middle of November. Ms. Weinaug agreed and explained they have to schedule, purchase supplies, and plan for the event. Chairman Dallari also agreed that doesn’t work. Commissioner Constantine pointed out he would like for this to happen after the Paint Out and Spring Fling event which ends on March 26. Last year, the Board approved the 2021 Winter Wonderland event in June. He does think it’s workable. Nobody is saying that they can’t have it, it’s simply the capacity that he’d like to see how it works out.

Commissioner Zembower stated he isn’t so inclined to go along with that thought process for a number of reasons. He wondered if they make some kind of approval on the Winter Wonderland permit, and after the first or second event they have complaints, whether or not the Board has the right and ability to revoke the permit for Winter Wonderland. Mr. Applegate replied the Board does have that right and ability. Commissioner Zembower advised he would be okay with doing that if the District Commissioner wants to work with the parties between now and then. The public’s time is very important and staff’s time is important. It may be a better path if they go ahead and have the discussion while everybody is here; and after the first two, if the District Commissioner advises the Board that something isn’t working, he’s okay with having the discussion to revoke the Special Event Permit.

Commissioner Constantine stated they could go that way; but since the Development Order, they haven’t increased the 395 capacity, and he wants to see how it works. If the Board wants to approve it right now, his suggestion would be no changes to noise as delineated in the Development Order; no changes in hours of operation, with the exception of the boat parade; and 450 guests for the boat parade and every Saturday during the event.

Commissioner Zembower asked about New Year’s Eve, and Commissioner Constantine stated staff recommended close of business at 12:30 a.m., but he would accept 1:00 a.m. on New Year’s Eve. Commissioner Lockhart pointed out last year there was no New Year’s Eve event. She doesn’t think it’s possible to get guests out by 12:30 a.m., and she doesn’t think this is the right place for a New Year’s Eve party and discussed why. There was a discussion regarding fireworks and New Year’s Eve parties. Commissioner Zembower stated he would be willing to support Commissioner Constantine’s suggestion if he wants to make it a motion, with staff’s recommendation for hours of operation on New Year’s Eve. Chairman Dallari pointed out there is no request for fireworks. In regard to the boat parade, he could see going more than 450 guests because he believes the boat parade could potentially be over earlier so they’re not spending all night there.

Commissioner Herr stated she doesn’t understand how 750 attendees doesn’t drive a traffic pattern that’s unsustainable in the neighborhood. She supports the District Commissioner’s increase to the capacity in general, but she wouldn’t support 750 for a boat parade. Boat parades are typically in a much more open area with thousands of people, and it drives traffic jams like she’s never seen before. She doesn’t think this is the right venue for a New Year’s Eve party. They tend to generally be a lot different than other events, and she doesn’t know that going until midnight makes good sense. When they try to force everybody out by 12:30 a.m., they are going to create a different traffic dynamic with DUI stops and everything else because people won’t have had time to “wear it off” before they get behind a wheel. She has no interest in doing that. The New Year’s Eve party is a deal breaker for her as well as 750 guests. Discussion ensued.

Commissioner Constantine reiterated he would like to see the Applicant and neighboring community talk to each other.

Motion by Commissioner Constantine, seconded by Commissioner Herr, to continue the request for the Wekiva Island Winter Wonderland 2022 Special Event Permit without prejudice to be brought back after the Paint Out and Spring Fling event is over.

Under discussion, Commissioner Herr asked if the motioner would be willing to have the County do a sound study at their expense. Commissioner Constantine confirmed with Commissioner Herr the sound study would be done at the property line, and stated he would agree to that.

Commissioner Zembower asked if Commissioner Herr is requesting that the Sheriff go out and monitor or that the County undertake a separate study. Commissioner Herr stated she is suggesting the County undertake a separate study through an engineer that would give the Board recommendations for how to monitor the sound to make it acceptable for the neighborhood, acceptable for the business, and how to create a better marriage. The Board is just guessing at this right now. Commissioner Zembower stated he will not support that because he does not believe that they should be favoring a test for a specific business. If it’s good for one business, they should do it for any business in this community; and he doesn’t think it’s the place of the taxpayers to pay for that. Commissioner Herr stated she doesn’t think this is just any business because of the historic nature of the land use and the Wekiva River Protection Area; those things have created a wildly different dynamic for this business than others.

Chairman Dallari stated he would support the motion for a continuance, but he would not support a sound study. Commissioner Constantine stated he believes it is reasonable for them to put a financial limit on it, and he thinks it needs to be a separate motion. Commissioner Herr agreed.

Ms. Weinaug asked what would constitute a change in capacity. Commissioner Constantine stated he thinks they made the first two events very clear, and he wants the opportunity to see how the first event works out. The continuance is without prejudice, and the Applicant can come back after the first event.

Commissioner Zembower stated the Sheriff’s Office now has trained individuals and the appropriate equipment to enforce the County’s noise ordinance. In the suggestion that the County undertakes a sound study at the taxpayers’ expense for a private business, he asked if they can rely upon the Sheriff’s Office with their certified individuals and equipment who are tasked to enforce the ordinance to monitor and provide a report. Mr. Applegate answered they can, and he feels that could serve as a baseline.

Commissioner Constantine reminded the Board that the sound study is not part of the motion, and suggested they talk about the sound study after they get the motion taken care of.

Districts 1, 3, and 5 voted AYE.

Districts 2 and 4 voted NAY.

Motion passes 3 to 2.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to facilitate a sound study with the first path being through the Sheriff’s Office to see if they would be willing to engage and provide a written report to include recommendations and comments regarding the enforceability of their own recommendations; if that does not work, then the County would employ a commercial entity to do it in an amount not to exceed $15,000.

Under discussion, Chairman Dallari stated he cannot support this because he believes other businesses will begin to ask for that, and Commissioner Zembower stated he cannot support it either. Commissioner Constantine stated he does support the motion because this business is different; they have a specific Development Order for the property with specific numbers that are lower than the general numbers, and it’s part of a very, very important area that has been a continuous problem. Once and for all, they need to do it.

Chairman Dallari asked Mr. Abel if he believes he has direction if this motion passes, and Mr. Abel answered yes.

Districts 3, 4, and 5 voted AYE.

Districts 1 and 2 voted NAY.

Motion passes 3 to 2.

COUNTY ATTORNEY’S BRIEFING

Mr. Applegate stated regarding the opioid settlement, the Board received a memo (received and filed). His office received a Settlement Agreement that needs to be executed by February 9. He would like to get that taken care of today so that they don’t run into any timing problems. Endo Health Solutions and Endo Pharmaceuticals, one of the many defendants, is going to give Florida $65 million. He asked for Board approval for the Chairman to sign Exhibit D to that Settlement Agreement that would allow the County to participate. Staff estimates close to $600,000 dollars from the settlement.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve and authorize the Chairman to execute Exhibit D – Subdivision Settlement Participation Form to the Settlement Agreement and Release regarding the opioid litigation.

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

Mr. Applegate noted Robert Slavin, Slavin Management Consultants, Recruitment Services for County Manager Search, will be meeting with the Board soon; and the Board has a schedule of those meetings.

Mr. Applegate announced in the River Cross Land Company, LLC v. Seminole County state court case, the Circuit Court Judge in Volusia County not only denied the Plaintiff’s summary judgement motion, but issued a Declaratory Judgment at the same time in favor of Seminole County finding that the Charter provision pertaining to the rural boundary is not only not vague but clearly constitutional. The Plaintiffs had three appellate lawyers present via CMT, so he expects an appeal. He asked the Board not to make any comments regarding the decision.

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Chairman Dallari asked if there was any objection to reconvene the meeting at 2:00 p.m. There were no objections.

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Chairman Dallari recessed the meeting at 12:46 p.m., reconvening at 2:00 p.m. with all Commissioners and all other Officials, with the exception of Clerk of Court Grant Maloy, and County Attorney Bryant Applegate who was replaced by Deputy County Attorney Paul Chipok, and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

Agenda Item #32 – 2022-3126

Myrtle Street Estates Final Development Plan/Zach Miller

Joy Giles, Planning and Development, addressed the Board and presented the item as outlined in the agenda memorandum. Staff recommends approval of the Final Development Plan as requested.

Zach Miller, on behalf of the Applicant, addressed the Board to state he is available for any questions.

Commissioner Zembower thanked Mr. Miller for working with staff and putting together this cluster plan. He opined this is really going to set the trend moving forward through this area of giving that open space.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve the Myrtle Street Estates Final Development Plan and the Developer’s Commitment Agreement #22-20500001 for thirty-six (36) lots on 19.59 acres zoned A-1 (Agriculture), located on the north side of Myrtle Street, approximately one-fourth mile west of S. Sanford Avenue; Oakton Properties, LLC, Property Owner; Zach Miller, Applicant.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #33 – 2022-3178

American Rescue Plan Act (ARPA) Program Update

Deputy County Manager Tricia Johnson presented the ARPA Program Update (as included in the agenda backup). She stated this is the quarterly ARPA Update although she thinks for the time being, they will be providing them every other month or so depending upon what they have going on.

Ms. Johnson mentioned the purpose of this update is to talk about where they are in terms of their allocations, where the projects are that have been approved by this Board and recommendations from staff in terms of moving forward over the next six weeks.

Currently the County’s program has been operating under the Interim Final Rule which was issued in May 2021. On January 6th of this year, U.S. Treasury issued the Final Rule, which focuses on state and local recovery programs. The Final Rule governs spending guidelines for the ARPA program and reflects feedback submitted by local governments throughout the country. It is 500 pages in length and is effective on April 1, 2022. Staff and the legal team have been and continue to review the Final Rule to understand what changes may impact current programs that the Board has approved for future funding requests.

Ms. Johnson advised in connection with the Mental Health and Community Health pieces, the Community Services Department is in the process of interviewing a program manager position who will have knowledge related to mental health and community health programs. They would like to get that individual on board to help them put together recommendations to the Board on how those dollars can best be spent, so they can see a strong return on investment and also partner with community groups including the Sheriff’s program as well as the hospital partners. She noted Advent Health has a behavioral program they are working on at South Seminole Hospital, which is the only inpatient behavioral health facility in the county. They would like the program manager to help them craft a plan as they are putting together funding recommendations for mental health and community health.

In regard to Individual Assistance, Rent Mortgage and Utility Relief, Ms. Johnson explained the community really has been saturated in funding opportunities. So for people that have already received CARES Funding, ERAP Funding, they are not able to get a third grant under Individual Assistance. Additionally, up until recently cities were not participating in the Individual Assistance program. Now that cities are coming on board as part of their countywide programs, they will see an uptick in grants that are awarded because residents that live within cities that are participating will apply. However, staff does believe there is an opportunity here to potentially reallocate some of the Individual Assistance funds in the near future to other programs that may need additional funding.

With respect to Small Business Assistance, Ms. Johnson advised $2 million has been allocated out of their COVID Relief Sub-Fund, so they are not ARPA dollars, they are COVID relief dollars. Out of that $2 million, $245,000 has been awarded in small business grants, but again moving very slowly. They have another $1.5 million in ARPA funds allocated once the $2 million is exhausted, but staff does believe they may have an opportunity here, similar to individual assistance, to reallocate those funds to other areas.

Ms. Johnson stated that both the Individual Assistance and Business Assistance programs will be about six months in operation as of the first BCC meeting in March, and that will matter once she gets to some of her recommendations.

Ms. Johnson then reviewed the Not-For-Profit Assistance, Seminole State Center for Small Business Development, Seminole State Workforce Training, Airport Tourism Incentive, Tourism Lodging Incentive, Homelessness Diversion, Affordable Housing, Community Facilities, and Community Recreation. The final two categories reviewed by Ms. Johnson included Infrastructure (Midway Stormwater and the Broadband Study) and Budget Stabilization – Technology Infrastructure (Modernization and Administration). She mentioned the Ernst & Young contract for program administration adding that some staff members are only working on ARPA, so there are opportunities to potentially pay a portion of their salary out of ARPA funds.

Ms. Johnson pointed out that six of their seven cities have expressed interest in participating in countywide programs. She reminded the County and the Cities began working together last summer and coming up with a number of programs that would benefit the county as a whole, specifically the Sheriff’s Behavioral Health Initiative as well as other mental health partnerships, individual assistance and not-for-profit assistance programs, the Seminole State College Workforce Development program, Homelessness, and Broadband. She added one important note is that the cities’ monies come through the state. The County hopes to receive their second tranche in June, but the cities’ monies will probably come later because it comes through the state. Some of the cities are going to pay the county out of their first tranche entirely and some of them will pay out of both. They are hopeful there will be no issue receiving those monies, there are no guarantees. So they have to just kind of keep that in the back of their minds in the event for some reason the cities did not receive their second tranche of money, but she said they have been very positive.

Ms. Johnson indicated they have received $5.5 million in additional funding requests which primarily focus on homelessness, mental health, and other not-for-profits. These requests are those that are not currently allocated for. She noted she has received a lot of questions about them. They came in on January 7th, and her team has looked through them, but most, if not all, require follow-up questions. Many of them are requesting new positions, which is not an issue per se in the ARPA criteria, but they just want to understand how these not-for-profits intend to continue with programs once the ARPA money is not there.

Ms. Johnson reviewed the Recommendations and Next Steps as outlined on the final slide.

In regard to public participation, Emory Green, Executive Director of the Midway Coalition, addressed the Board. He congratulated Clerk Maloy and his staff on their recent award along with Commissioner Lockhart for her recognition by the Association of Florida Colleges. In addition, he thanked Commissioner Constantine for his leadership with Charity Challenge. He talked about the ARPA funds and the Midway/Canaan City community stating they are very excited about the leadership of the Commission. They look forward to continuing to work with all the Board members to ensure that historic Midway/Canaan City is preserved for years to come. He expressed to County Attorney Bryant Applegate, who was in the audience, that he was excited to hear about the Affordable Housing Initiative that he talked about in the last commission meeting. The Midway Coalition along with some of their stakeholders feel they can help bring a solution to that problem and anything they can do to ensure that communities can help lead the way for this great county to help with affordable housing and to ensure they all serve these communities to the best that they can.

Joe Gallagher, Alex Hope Foundation, addressed the Board and also recognized Commissioner Lockhart for the excellent work she did at the state and being recognized by the Association of Florida Colleges. He then talked about the pandemic over the last couple of years affecting one segment of the population that has been hit worse than any other, and that has been their students. He suggested they go to schools and talk to the kids because they feel like, in a lot of cases, that their voice is not being heard and they have been feeling lost. It is about mental health and finding the right solutions that they can offer when they feel they have nowhere else to go.

No one else spoke in support or opposition, and public input was closed. Speaker Comment Forms were received and filed.

Commissioner Constantine said that in the briefing with staff yesterday, Ms. Johnson was talking about needing to emphasize on mental health and homelessness in connection with the ARPA dollars. He noted she also indicated that human trafficking would be part and parcel of that. Ms. Johnson explained that it is one of the areas that has been impacted by the pandemic. He also noted that in connection with the not-for-profits that some are not from Seminole County, but that a significant amount of their services are in the county. She added that any not-for-profit whose home base is not in Seminole has to provide significant services in Seminole County in order to receive the grant.

Commissioner Herr pointed out that as Ms. Johnson’s team and the legal department is looking at possible uses of ARPA funds, it is her understanding that there is an opportunity to reimburse their healthcare expenditure account for any COVID-related expenses. She added that is a one-time opportunity to reimburse the fund and asked that they investigate that. Her perspective from a healthcare spend for their organization is that COVID-related expenses are not going away. They should expect health plan costs to continue to go up, and if there is an opportunity to shore up with these funds, they should do it.

Commissioner Herr thanked Mr. Emory Green from the Midway/Canaan City Coalition for his offer. She stated he has been very forthcoming about the opportunity for right-of-way not to get in the way and that their organization will help the county. She is saying that on the record and mentioned she would facilitate that if she needs to. She asked them to let her know what they need.

Commissioner Zembower questioned in regard to the Tourism remaining dollars whether they have had discussion with their hoteliers that they have no further needs and are in a good place. Ms. Johnson noted that Tourism is part of her team and that Gui Cunha, Administrator, Office of Economic Development and Tourism, is tenacious and has really tried to engage them. She added they put the date of December 31st down as a deadline mainly so staff was not dragging it out for two years, but they can certainly circle back if that is something the Board would like them to do.

Several questions were asked by Commissioner Zembower regarding the interlocal agreements with the cities, which were answered by staff and the County Attorney. Chairman Dallari noted they have agreements with Altamonte Springs, Oviedo, and tentatively with Casselberry, Sanford, and Longwood. Upon inquiry, Ms. Johnson advised that Winter Springs is interested in participating in the Broadband program and maybe others, and Lake Mary has chosen not to participate; they are focusing their funds on some specific projects within the city. She stated she believes the programs are countywide whether a city is participating or not. Commissioner Zembower added the award received in Seminole County is based on the entire county’s population; it does not segregate one city from another. Brijesh Patel, Sr. Assistant County Attorney, addressed the Board to advise that is correct, the funding that the county receives is based upon the population of the county.

Commissioner Herr said she thinks that the notion of going to the cities for participation in county programs was driven by their County Manager with the idea that they would build partnerships that would help the citizens have a more seamless experience with some of the programs, and that they would eliminate some of the administrative overhead associated with the program, such as Ernst & Young. They already have a contract with them and there is no need for the other seven cities to go out and do that. The money is federal money that came into the community based on the entire population. There are programs in here that have to touch the whole community because a solution for a homeless person that resides in the city of Winter Springs, for example, is a solution for the rest of the Seminole County residents that are not dealing with the potential crime output, etc. that may happen as a result of that. It’s the same with drug addiction or a community paramedic program that, by the way, can bill for those services and generate an ongoing revenue stream. She is grateful to the cities that did participate, and she is understanding and will offer grace to those that chose not to who may have a different need in a different space and time. She added they should look at it holistically from the perspective of the humans that they serve.

Commissioner Zembower suggested they move forward and have staff report back. Commissioner Herr stated she thinks the question on the table in terms of spending is to award the current not-for-profits the $400,000. Ms. Johnson pointed out that in the past with CARES not-for-profits, they brought them to the Board on an agenda.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to bring back for approval on February 8, 2022, the request to award the current (16) Not-For-Profits $400,000, which would be $25,000 to each entity.

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

Agenda Item #34 – 2022-3177

Legislative Update

Tricia Johnson, Deputy County Manager, addressed the Board to present the Legislative Update. She reported this is the third week of the regular Legislative Session 2022. More than 400 bills that are not necessarily a benefit to local governments have been filed. Last week, Commissioner Constantine, Commissioner Lockhart, and she had the opportunity to represent Seminole County at the Florida Association of Counties (FAC) Conference.

Ms. Johnson stated that some bills that staff is monitoring that are of significance include SB 280 relating to local ordinances and SB 620 relating to claiming business damages on county ordinances and Joint Resolution 1 relating to additional homestead property tax exemptions. She noted that Commissioner Constantine testified last Thursday in front of the Senate Appropriations Committee in opposition to SB 620.

Commissioner Constantine said he thinks they know about the three most onerous bills that are before them. SB 280 is mostly the idea of Senator Passidoma, who is going to be the incoming senate president; she worked with FAC and the League of Cities. He noted in SB 280 that for 90% of the concerns they had, she accepted as a strike-all, so both the FAC and the League of Cities have reversed from being against to being supportive. They are still watching that bill hoping it doesn’t change. It is a good thing to be working with the incoming president and the fact that she changed something that was her number one priority into something they can work with speaks well for the next Legislative Session.

Commissioner Constantine stated SB 620 is still a major concern for all local governments. That was the one that he spoke about in Appropriations. The bad news is it is the number one priority of Senate President Simpson as run by Senator Hutson. But it went straight to Appropriations; it is not even going to Rules, and Rules is where all bills are supposed to go before they go on the floor. A short synopsis is if a business feels that any ordinance that local government has put into place harms their business by more than 15% in revenue, they can sue them. It was revenue and profits both at one time and now he thinks it is just profits. Others on the executive board of the FAC used a number of different examples of the issues.

Commissioner Constantine explained that when he first came here, he knows that Chairman Dallari and others fought very hard to get rid of internet cafes. Under this bill, internet cafes could sue this county for their revenue for seven years if they were put out of business. The same thing would go for the pill mills. Another example is they are asking many cities and counties to convert from septic to sewer. If they took out 20% of the septic tanks, the septic companies could sue them for loss of profit. That is the bad news, and it went 11 to 7 in Appropriations. They did get one Republican Senator to switch. One of the worst things is that they would have had to pay for all the legal costs, no matter what, but they were able to get prevailing parties into the bill in accepting that small win, but more importantly, they came back after all of the newspaper stories and said they would work with the FAC and the League of Cities in a rewrite. They did not agree that they would take the rewrite, but they did say they would work with them on a strike-all. The FAC is still 100% against the bill even with the prevailing parties. It is the underlying policy that is wrong.

Commissioner Lockhart added that the testimonies brought up many scenarios that you could tell had not been thought about, and Senator Hutson did acknowledge at the end of all of the testimony that there were some things that were brought to his attention that he had not thought about, and if others could compile those types of scenarios and present them to him, he would be very interested in hearing about them and looking at those, so hopefully, that is an indication that there was some acknowledgement that maybe there is some significant tweaking that needs to occur.

Commissioner Constantine continued saying a bill that the Speaker wants very badly is House Joint Resolution 1 (HJ1), and that is on another homestead exemption. They love to say they are cutting taxes, but they are always cutting local governments’ taxes and not their taxes. They haven’t had a bill in a long time that cut state taxes. If an assessment is greater than $100,000 up to $150,000, that additional $50,000 homestead exemption could be given to classroom teachers, law enforcement officers, corrections officers, firefighters, child welfare services, active members of the U.S. Armed Services or a member of the Florida National Guard. He noted they all want to help each and every one of those groups, but what it does not indicate is that it takes nothing into consideration about income. So essentially, it is shooting an arrow at a target and missing it completely, because the people that it will actually help are those that are on the upper echelons of those that own homes. Most of the groups that were stated are renters, in many cases, or are looking for affordable housing, and this would not help them. Those that are renting and anyone else in the community would be paying higher for the services and these people would be paying less. It is a difficult bill to wrap your arms around, but it is out there, and it is estimated that it would cost a minimum of $83 million across the state.

Ms. Johnson mentioned their three appropriations requests, which are all being sponsored by Representative Smith, passed their first committees of reference last week will move on to Appropriations, but the date has not yet been scheduled.

Agenda Item #35 – 2022-3171

COVID-19 Predictive Model Wastewater-Based Epidemiology Report

Mr. Abel presented the COVID-19 Predictive Model Wastewater-Based Epidemiology Report (as included in the agenda backup). He thanked the County Attorney’s Office, Procurement, Emergency Management, and Environmental Services for scrambling to get this to the Board in a format that basically allows them to do a piggyback contract with the testing company directly, GT Molecular, LLC. This will avoid any passthrough and any concern about what information they get don’t get. The information will come directly to the County and they will hopefully continue to be able to provide that information to other partners so that any cumulative data gathering or anything they would want to consider moving forward would allow for that.

Commissioner Herr questioned what does having this information change for any member of their community. Orange County is already doing it and Altamonte Springs is already doing it. What does adding more into the mix do other than pay a significant amount of money to the testing facility.

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

Commissioner Herr continued saying she would like to hear someone articulate exactly what benefit the members of their community get from the expenditure related to this. There is testing already happening in Orange County and in Seminole County. Adding to the testing pool does not get them any more information and it does not get them any faster information. She would like to understand what they think the value is to doing this.

Mr. Abel explained this will provide for more data points, so any time you are collecting data, the more data points you have, the more information you can glean from that. Also, Advent Health is saying they are actually using the data for staffing purposes. It allows them to get ahead in preparation with some of the information coming in. Commissioner Herr confirmed that information came from one hospital.

Commissioner Zembower asked what percentage of Seminole County wastewater is being tested right now with them not being in the program. Dr. Terry McCue, Environmental Services Director, addressed the Board and said it would be hard to guess at that, but it is something he can get back to the Commissioner with by looking at their total flow rates compared with the rest of the county. Commissioner Zembower stated maybe a better question is geographically, land mass wise, they know what wastewater systems they operate, and he knows Mr. Harris has a handle on what Altamonte operates and what Casselberry operates, so of those wastewater utilities, who owns the lion’s share of those in this county. Dr. McCue answered the largest wastewater one should be Altamonte, Sanford and Seminole County. But with a lot of the Seminole County pieces, they contract with Altamonte Springs or Utilities, Inc. to treat.

Commissioner Lockhart questioned when the County was participating, how many of their plants were testing. Dr. McCue replied that both of the plants they own and operate were testing. The Commissioner then asked how frequently were they testing, and Dr. McCue responded they were testing twice a week at each facility. In regard to the cost, Mr. Abel explained it is the same amount of money; it comes out to about $9,600 per month.

Commissioner Herr confirmed with Mr. Abel that the reports they had been getting were filtered through Altamonte, so the value to the contract going directly with GTE Molecular via a piggyback on a competitively bid RFP is that they would have a direct conduit to the firm that is doing the testing, and therefore the reporting will come directly from the firm.

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

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve an Agreement between the City of Altamonte Springs and Seminole County relating to the Altamonte Springs COVID-19 Predictive Model Program in connection with COVID-19 wastewater, as recommended by the County Manager.

Districts 1, 2, and 3 voted AYE.

Districts 4 and 5 voted NAY.

Motion passes 3 to 2.

CHAIRMAN’S STATEMENT OF PUBLIC HEARING RULES AND PROCEDURES

All Commissioners submitted ex parte communications into the record (received and filed).

PROOFS OF PUBLICATION

Motion by Commissioner Constantine, seconded by Commissioner Zembower, 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 HEARING – QUASI-JUDICIAL

Agenda Item #36 - 2022-3074

Wichita Street Right-of-Way Vacate

John and Maryanne Taylor, Applicants

Joy Giles, Planning and Development, addressed the Board and presented the request as outlined in the agenda memorandum. She advised the Applicant has provided letters of no objection from all applicable utility companies. Also, a letter of opposition was received on January 19, 2022 from the adjacent property owner to the south with concerns of reasonable access to the property. Therefore, Public Works staff, who originally reviewed and approved the request, no longer supports the request to vacate the subject right-of-way. Planning staff recommends denial of the request.

John Taylor, Applicant, addressed the Board to explain he is trying to get that piece of property because a lot of rattlesnakes and moccasins come out of the swamp area right there. They want to fill it in better and then ditch it out like it is supposed to be and put up a vinyl fence. He said that county staff advised they have not cut that right-of-way in years and they do not plan on it. So he started to cut it and spray it for mosquitos.

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

Commissioner Zembower stated this was initially supported by staff and then secondary to that, it is no longer supported by staff. The only thing that changed from the time staff recommended approval to then not recommending approval is letters being received from surrounding property owners. He asked if staff was not aware of the ingress and egress for the property owner that sent the letter of concern or was it some other reason.

Jean Jreij, Public Works Director, addressed the Board and explained the reason is because that is the shortest distance for access from CR 426. There is a right-of-way on the east side, but he pointed out that would be a very long distance. So if somebody builds a house on the adjacent property, then to build a driveway would require them to go a very long distance from CR 426 to the home.

Commissioner Lockhart noted the delineated property boundaries on the aerial photograph were dissecting some of the buildings, and Ms. Giles explained that they were not precise. Bill White, Development Review – Engineering, addressed the Board and gave the background about their original review and then with the GIS (Geographic Information System), which was not entirely accurate. Commissioner Lockhart expressed that nothing in the backup then is accurate because the “survey” says the right-of-way is 15 feet; Mr. White is saying it is actually 20 feet. Upon inquiry, Mr. White advised the McDonell property still would have access if they approved the requested vacate and that would be on the east-west run, which would take them over to Barr Street, which is the dirt road that heads north to CR 426. So, there is access and that is between two St. Johns Water Management District properties, but the property owner’s opposition is that if she were to build a house, that is not the most reasonable access because they would have to build 650 feet of driveway as opposed to 200 feet in the right-of-way they are requesting to vacate. He also explained that the discrepancy between the 15 feet and the 20 feet was due to the fact that when it was originally submitted, the surveyor was calling it 15 feet, and through review with the County’s right-of-way department, it was determined that it was actually 20 feet.

Commissioner Zembower indicated this is a very sensitive drainage area from CR 426 all the way down to Lake Jesup, and they actually have drainage studies going on right now. He continues to receive complaints in his office about flooding and ditches that are not maintained. So many things were done by the farmers years ago that the County did not know about and citizens assume it is the County’s obligation when, in fact, it is not because it is going through private property that has been used to drain, but they shut it down without the County’s knowledge and now water starts to back up. He is sensitive to the Applicant’s concerns about the snakes, etc.; however, that is the Black Hammock. It is as close to nature as you are going to get without being in the full-blown rural area, although it is developed there. He hopes they can find a way to work with the Applicant, maybe with his request for a fence. He should be able to put a fence on his own property, but the Commissioner said he has a major concern about abandoning any right-of-way or easement in this general area that could ultimately be used to help the drainage and the perc and to help all the residents in that corridor, including the City of Oviedo.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to deny the request for a Resolution to vacate and abandon an uncut portion of an unnamed right-of-way, for property located on the south side of North CR 426, one-half mile east of Lockwood Boulevard; John and Maryanne Taylor, Applicants; as described in the proof of publication.

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

PUBLIC HEARING – LEGISLATIVE

Agenda Item #37 – 2022-3169

Seminole County Code Amendment – Parks and Recreation

Rick Durr, Leisure Services Director, addressed the Board and presented the request as outlined in the agenda memorandum. He explained the event that prompted this was the acquisition of the Wekiva Golf Club.

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

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt Ordinance #2022-4 amending Chapter 190, Parks and Recreation, of the Seminole County Code (Section 190.28, Traffic; Section 190.30, Removal of Natural Resources; and Section 190.34, Alcoholic Beverages); providing for codification, severability, and an effective date.

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

COUNTY MANAGER’S REPORT

No report.

COUNTY ATTORNEY’S REPORT

No report.

DISTRICT REPORTS

District 2

Commissioner Zembower advised he looks forward to his fellow Commissioners’ support on having Mr. Loreen Bobo, FDOT, come to give a presentation on Vision Zero, so they all can be informed about the traffic accidents and pedestrians that are being injured or killed. Whether they take action to adopt it or not is another matter, but he thinks it is well for them to at least watch the presentation and have a good understanding of it.

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Commissioner Zembower reported the final numbers are in for the year 2021 in connection with the Sanford Orlando International Airport, and the good news is that there was a 55% increase in passenger count over 2020, but the bad news is that it is still 27% below the 2019 passenger count and they have new carriers. As people are more comfortable traveling again, they hope to see an uptick there. They are looking to help develop the commercial aspect of the outparcels for commercial and industrial use.

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Commissioner Zembower thanked staff for their review of the funding that was given to the Zoo. The budget office and the County Attorney has reviewed it and the funds are verified to have been used properly, which helps to answer a lot of questions that were out there.

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Commissioner Zembower advised that on Feb 2nd at noon, the Oviedo Legion Post 243 will have their Four Chaplain ceremony memorializing U.S. Army chaplains and all the things that have gone on for those that were here before them that gave them the privilege and the right to be free in this country. He also mentioned that on Feb 4th the Oviedo Solary Park will be a big event that opens for the City of Oviedo residents.

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Commissioner Zembower asked that they keep one of their employees in their thoughts and prayers, Mr. Rolando Nieves, who lost his wife of 25 years last week at a very young age.

District 4

Commissioner Lockhart announced the Orlando Magic is having their annual First Responders Night coming up on January 30th to celebrate and honor the men and women that serve their community in all different capacities. They will have vehicle and uniform displays and the Orlando Magic Youth Foundation auction will also be going on that night.

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Commissioner Lockhart reported she was in Gainesville on January 14th and 15th for the Institute for County Government, Florida Association of Counties’ Advanced County Commissioner class. She noted she has recognized that every county has the same challenges and it is working together with their local and state leaders, their constituents, and finding ways as things change to redefine their roles and responsibilities and the way that they work with one another. They are reading through Good to Great, which of course is a classic. She had read it before, but there are some phenomenal nuggets that remind her, especially as the five of them are embarking on the challenge of the search for a new county manager, that one of the biggest principles which hit her square in the face as she was listening to this again was first the “Who?” then the “What?” She felt it was very impactful and timely. She mentioned the FAC Conference and Innovation Day and the great things that went on, great meetings, and good relationships continuing to be built there.

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Commissioner Lockhart stated that next week, they are taking the next step with the East Central Florida Regional Planning Council (ECFRPC) Executive Committee to select the new executive director for that organization. They are narrowing down the applications that were submitted to the finalists for interview and she will keep them updated on that search process as well.

District 3

Commissioner Constantine said it was great to see so many people at the Scottish Highlands Games. He and Chairman Dallari were sitting there when Commissioner Lockhart came through with one of the clans, Ross. Then the Asian Lantern event at the Zoo was a success. Even with all the wind and rain on the last day, they were completely sold out. The Executive Director advised they had signed a contract for another two years for that, which is fantastic.

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Commissioner Constantine announced meeting dates for the Regional Planning Council, the Seminole County’s Annual Fire Department Awards, the Leadership Seminole Annual Summit, and the Tourism Development Council.

District 5

Commissioner Herr remarked she had the pleasure of touring the BoMax facility located in Merritt Island and said they are in the process of moving to Sanford. She was hosted by Dr. Deborah Maxwell who is a Seminole County resident. This is a facility that generates pure hydrogen at room temperature on site, which is important. She suggested picturing a hydrogen-powered vehicle where you can pull up to your box that generates hydrogen on site. It is literally amazing. Dr. Maxwell has a team of three, her and two lab assistants, who are all Seminole County residents, and when they come here to town, Commissioner Herr would like them to come and present their concept. It is beyond prototype; now it is in proof; they are scaling, and it really is amazing.

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Commissioner Herr reported she attended the Dr. Phillips Center Steinmetz Hall opening. It is simply one of the most marvelous rooms you could ever be in. Sincere congratulations from Seminole County to Mayor Buddy Dyer and Katherine Ramsberger for seeing a 20-year vision to fruition. It is a gem to the community.

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Commissioner Herr stated they held a Port Authority (SCOPA) meeting on January 19th, and they have done a study to compare their rental rates to surrounding areas with similar properties. They are within a penny per square foot of similar properties which surprised her. They have been very diligent about getting consistent increases over the last several years, and it has certainly paid off.

District 1

Chairman Dallari noted back in December, they approved a letter of appreciation for Mary Sue Weinaug from Wekiva Island, but he would like to send a resolution.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve appropriate Resolution #2022-R-19 in appreciation of Mary Sue Weinaug for her service on the Tourism Development Council.

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

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Chairman Dallari indicated staff sent out an email regarding a joint work session for the BCC, the School Board, and Seminole State College. They are waiting for responses to that.

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Chairman Dallari said he would like to have a discussion regarding the courthouse. He knows that they picked a design team, Architectural Engineers, and they also picked an owner’s rep, which is PMA. The design team is doing a hard bid to specs for the courthouse, and he really thinks they should be looking at a CM at Risk (CMAR) because it reduces their exposure, and he wants to know if the Board has any input on that. He believes when you do a renovation of that type, you really want to do CM at Risk, and he believes it is not too late because the plans have not been done; they are only in the process of doing programming. He explained you normally pick your CM at Risk team if they are going that route some time during schematic design. The schematic design will be happening in the springtime. If they act now they can still use this time to do that and it will pay dividends as they move forward. Doing a CM at Risk instead of a hard bid will reduce their change orders and provide a better team atmosphere and a better number for the cost of that project.

Commissioner Zembower stated he does not have to convince him about CM at Risk because you don’t have to look too far back in history to see how long they struggled to get things out of this building on the Five Points to start with. As long as it is done early enough in the phases so that the architects and the others are working hand in hand so that they prevent those change orders. If they don’t, then they will have those change orders. They kicked off the Five Points episode, first they hired a design team and a review team, and they took the low bidder which then they had a change order for $400,000 and another change order for $100,000, and then they went to a design/build and he thinks Mr. Abel may be able to speak to that some of the things that they hit early in that process of what they felt certain documents said and required with specifications what the contractor felt. The remodeling project, he thinks, is a more sensitive issue from the standpoint of you have to have input from the judges. There will be folks that are in that building now that are going to move over to the annex. He thinks the CM at Risk is the way to go. Having those experts who are in that business today working hand in hand to at least get to a 30% or something to get a hard bid at that point. If not, you are going to design it, throw it out to construction on a hard bid; they are going to get a hard bid and then when they go to build it, they are going to say, “Well, we can’t get this material” or “That wasn’t bid right,” and then they are going to sit down and fight amongst County staff, the contractor, and cost us more money, in his opinion.

Commissioner Herr stated they all have been part of this planning forever, so why now. What is the genesis for the change and where did the idea come from, and what are they looking for from the Board right now, with very little information. Chairman Dallari said he knows they all may need some more information. He knows they picked a design team to do hard bids. He knows they picked an owner’s rep, and he has been asking staff when they will be going out on the street with the RFQ or the RFP for CM at Risk, and he has been told they are not doing that; they are doing a hard bid. If that was the intention of this Board, he was not aware of that. He may have missed that, but he also believes that when they do CM at Risk, it does take place when you bring those people on at the 30% level or at the schematic design level. So, he was under the impression that is what was going to happen all along, but he was informed by the County Manager and his staff that they are going out to hard bid. He thinks they should all be briefed and be making a decision whether it should be a hard bid or CM at Risk. He thinks in order to reduce their exposure for a renovation that CM at Risk is the right way to go. Once they go to hard bid, there will be change orders, especially with the level of detail that that courthouse is going to be needing. Normally they pick the CM at Risk contractor after they pick the design team; it is not at the same time.

Commissioner Lockhart stated she would like some staff, who helped guide them in the original process that did not recommend they do CM at Risk for the remodel, come back because she thinks they need to better understand the timeline of what decisions this Board has already made, and if they are changing direction in some way, shape or form, help them to understand why they would be changing that direction and why that was not presented to them in the first place if it is not the right choice. She has participated in a lot of CM at Risk projects, mostly schools or buildings where you have a format and a formula and you know that this is what you are building, and it is coming out of the ground and it is all pretty much cookie cutter, but a remodel is not that. She would like to understand from their team of experts in Procurement when going out for projects like this, what their advice would be and how they would recommended they go forward.

Chairman Dallari expressed if there is no objection, he would like to put this on the agenda. Commissioner Constantine noted it sounds like there are more questions than answers. Commissioner Lockhart opined she does not know that they need to put it on the agenda because she wants to better understand where they are already in the process for some of these, because if they put this item on the agenda, they are sending a message that they are changing course in some things. Chairman Dallari said he is trying to get everyone on the same page and he cannot speak to the other Commissioners about this; staff has to do that. Commissioner Lockhart wondered why they are even doing this now; she does not understand. Chairman Dallari stated normally you would pick the CM-at-Risk contractor after you pick the design team and after they have picked their owner’s rep.

Commissioner Zembower indicated his concern is that Five Points is scheduled to be done in the spring of 2023, and they are knocking on the spring of 2022. He said to go back and look at the timeline it took them to get a hard bid out the door and someone qualified and hired to move forward for Five Points to start with. Now they are talking a remodel where they have judges that they have to juggle and still run a court and all these things. He is going to preface this right out of the box, he is not making allegations, he is not saying anybody knows or doesn’t know, back when they did Five Points, he had asked the then-County Manager to bring experts in from the industry to help make sure all of them understand the difference between CM at Risk, hard bid, etc., etc., etc., so they all would have a clear understanding. And there is also a situation where if you are going to bring in a CM at Risk, bringing them in after the fact, you might as well go to a hard bid. He does not necessarily disagree with the time constraints. If they are going to be doing this remodeling, and in his understanding of what is going on in the industry and the timelines for the remodel, they should have already had somebody in the saddle in anticipation of the completion of Five Points, which is going to be just a little over a year. He does not know that the remodel, bid process, hiring somebody, getting it done, can happen when that move begins to happen in the spring of 2023.

Chairman Dallari explained that the spring of 2023 is for the Annex building, not for all of Five Points. Commissioner Zembower agreed saying that is when folks are going to move out of the existing place over to the new place and when the remodel is supposed to begin. He has never been a fan; if they go back and look at the cost they have spent for the study, and then hiring somebody, and everything that has taken place, in his opinion, they spent over a million plus dollars they should not have had to spend.

Chairman Dallari asked the County Manager what the best way would be to bring the Board members up to speed. Mr. Abel advised his recommendation would be to allow staff to go back and relive the last couple years of this process and pull the information and the decision points that were made throughout for clarification, when the decisions were made and what decisions were made, and maybe even what those were based on, and bring that information back to the Board. He noted as they go back and confirm or identify what it was, he believes this Board had given direction on what they anticipated happening as they moved forward. He noted that their intention was not to do CM at Risk because the previous direction of the Board was that because there were so many unknowns, they wanted to go through the design process and then bid out once they had more confirmation through the process. He opined he does not have a specific preference one way or the other. He relies on the Public Works Director and his team of experts to tell them what they recommend, but he thinks the best route to try to help put something in front of the Board is to go back and see what decision points were made, when they were made, and of course, that does not preclude the Board from changing its mind and its direction at any point.

Mr. Jreij stated this process started about three years ago with CGL, and at that time, the conversation going on about design-build for the new construction, and because of the lack of information for the courthouse renovation, it was to have the designs prepared and then hard bid. They selected the group for the design, the same group that did the Annex building, so they have all those connections with the stakeholder; they already started with the stakeholder. Also the Board selected PMA to oversee the design group and PMA currently oversees the Annex. They oversee what is going on at Five Points. They already had a meeting with the stakeholder with the design underway and he is confident they will have a great set of plans to put out there. Now after they prepared the architectural plan and they go through all the exercise and they have a good plan, if they want to go and put it as a CM at Risk, that is fine; they just need that direction. He added you are going to have change orders with any method you use. Really what they have today, those two groups, they are not going to pick a better group than those. They already have the experience, and all the constraints due to the market today, they will learn about it from the Annex and apply it to the courthouse. The selection of the architect was brought to the Board, the Board selected the architect. They also brought to the commission the selection of PMA to review the architect’s design, not only from the quality and coordination with the stakeholder, but to review from the permitting aspect. They would be the permitting agency so they can expedite the process because the Building Department is overwhelmed with their schedule. That is where they are today, but they will do whatever the Board wishes.

Chairman Dallari noted the conversation he had with staff is that this would be the time to bring in a contractor for CM at Risk because they are the ones that are going to be building it to understand truly what the marketplace is. PMA is good as well as the design team, but they truly do not have their finger on the pulse of the market, because they do not deal with the contractors and the subcontractors; a general contractor does. Mr. Jreij noted the process to bring the contractor on board would take about eight months because they have to advertise for the CM at Risk and they have to select them and sign a contract and they estimated, after talking to Purchasing, it would be around November. Moneywise when you have a CMAR and you are already paying for this, it would cost them more, and they are going to have change orders either way.

Commissioner Zembower questioned in the PMA contract, the rep on the current process that is going on in the Annex, if their scope is inclusive of the remodel. Mr. Abel replied that it is, and they have a new agreement with them that includes that. Upon inquiry, he replied that does not include all the fire stations. Commissioner Zembower asked Mr. Jreij if he believes there are more change orders with having a CMAR in the saddle, with the design team and architect right up front, or waiting until the design is done and the architect gives them a set of plans and whatever it might be, and then the contractor goes to hard bid to come in to build to that design, and then tells the County that the architectural design is great and it is awesome, but you cannot do it for this price.

Mr. Jreij responded both teams are there already on Five Points; they are already more knowledgeable and they have more knowledge about the Annex’s interior, they are more knowledgeable in dealing with the stakeholder. They have dealt with it for the Annex and now with the courthouse. The Annex and the courthouse interiors are pretty much going to be very similar because you have the same stakeholder, and he expects them to create a great set of plans which will minimize the change orders. But even if they have a CMAR for the renovation, there will be something unforeseen when they start construction and there will be change orders with a CMAR. Contractors will take advantage of change orders whether it is a CMAR or a hard bid, but because of the specific situation and because of the prior experience of those two consultants with the Annex, he thinks they will be minimal. For him to tell them there will be a certain number of change orders, he does not know. He thinks with the group they have today, they are in good hands, but they can regroup and go a different way if it is the wish of the Board.

There was consensus of the Board that they would like to receive individual briefings from staff regarding CM at Risk versus going out with a hard bid.

CHAIRMAN’S REPORT

  1. Letter dated January 12, 2022, from Chairman Dallari to CFCRC (Central Florida Commuter Rail Commission) Members RE: SunRail Transition Operations (Evaluating agencies in connection with the assumption of operational responsibilities including CSX, Brightline, Lynx, and possibly FDOT.)

  2. Letter dated January 12, 2022, from Chairman Dallari to District 5 Secretary Jared Perdue, FDOT (Florida Department of Transportation) RE: SunRail Transition Operations (Formally requesting whether there is interest in operating the SunRail system after transition.)

  3. Letter dated January 12, 2022, from Michele Levin, Director Technical Services of Government Finance Officers Association RE: Annual Comprehensive Financial Report for FY ending Sept 20, 2020 qualifies for GFOA’s Achievement for Excellence in Financial Reporting.

Agenda Item #38 – 2022-3179

Vision Zero, Commissioner Zembower

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to put a presentation of Vision Zero on a future agenda.

Under discussion, Commissioner Lockhart asked if this would just be a presentation or something they would need to make a decision about. Commissioner Zembower answered that it would just be a presentation by Loreen Bobo with FDOT.

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

PUBLIC COMMENT (Items not related to agenda)

Lawrence Stephey, President of the Winterwoods HOA, addressed the Board to state his subdivision is in District 4 and it is just to the southwest side of the intersection of Howell Branch Road and 436. He advised they have a trash pickup issue. He has been in contact with Commissioner Lockhart’s office a couple of times about this, and it has been going on since 2020. The waste management company comes through and they only pick up half the neighborhood on Tuesday and then come through on Wednesday morning and pick up the rest. It has been going on intermittently for about two years. Unfortunately, they have an individual in their neighborhood who has made it a hobby of going through and cutting the trash bags and leaving a mess. Sometimes it is so bad that the company will not pick it up after it has been cut into.

Mr. Stephey said he understands that they have heard about these issues previously and there is very little they can do about it at this point in time. Based upon his research, he understands that these contracts go out for 10 years. They were initially Advanced Disposal but they have been bought by Waste Management. He thinks they are three or four years into a ten-year contract. The problem is it seems like no one has any control over these companies. They have complained about it and have tried to get things done, and the same problem keeps happening over and over again. He guesses they will have to deal with it, but thought maybe somebody could call them.

Public Comment Form received and filed.

Chairman Dallari advised that Dr. Terry McCue does manage those contracts and if they do not perform, there are penalties involved. Commissioner Lockhart pointed out that this is not the only community in her district that has had these issues. She knows that staff in Environmental Services has been talking with the communities. It seems like there is an intent on the part of the haulers always to fix it and then they never pass the threshold of being in a situation where there is a penalty. The penalty threshold is higher than what they are seeing in these communities, but it does not mean that the communities are not suffering from poor service. And so, when it is bad enough to be bad service, but not bad enough to be a penalty, that is probably where the Board’s conversation needs to go at some point, but she said she would defer to Dr. McCue if he has anything he would like to add.

Commissioner Constantine stated this is ongoing in every district. If he made a survey of the complaints that he receives, the greatest amount of complaints is with trash pickup. There were complaints two days in a row in the Orlando Sentinel and they are complaining about Seminole County trash pickup. Mr. Stephey asked which carrier was in Commissioner Constantine’s district and he replied he has both, Waste Management and Waste Pro.

Dr. McCue explained that these are challenging times dealing with solid waste. In the industry, it is hard to find drivers. Their operational protocols have been such that they are not able to accommodate all garbage like they used to at the transfer station so they divert some garbage to the landfill once they reach their capacity based on their staffing levels which extends service times. Commissioner Zembower said it sounds like they are having to force the haulers to go a much further distance which takes more of their time, which then takes them away from the routes.

Dr. McCue advised they have been working with county management and they actually have five interviews for drivers tomorrow. They have been authorized to make competitive offers to try and bring these people on board to help with these issues.

Commissioner Herr asked whether they could get a report back on this at the next meeting and that maybe they just need to keep this at the top of their radar until it gets resolved. She is not getting complaints from citizens about waste pickup, but she is getting complaints from haulers about this situation.

Chairman Dallari asked about the problem with somebody cutting open the trash bags in Mr. Stephey’s neighborhood. Mr. Stephey said it happens occasionally and they have been in touch with the Sheriff’s Office who told them once it gets down beyond the curb, it is considered abandoned property, so as far as they are concerned, they cannot do anything about it.

Commissioner Lockhart said what she is hearing is two-fold; first it is that unique situation because of a resident that is a bad actor, and then they also have the situation of entire sides of streets not being picked up or entire parts of neighborhoods not being picked up, and the hauler was in the neighborhood. They were there but they just didn’t take the extra time to finish picking up the cans on the other side of the street. That is not a staff issue. Dr. McCue remarked their operation at the landfill is posing their haulers difficulties and that is a big part of the problem.

Chairman Dallari questioned whether Dr. McCue believes if they were able to hire more people whether this situation would go away or be slowly corrected. Dr. McCue answered in the affirmative. Commissioner Constantine opined this is not a problem that just started and he cannot say it is all the County’s staffing issues. He has been receiving calls consistently over the last three years from citizens that are saying their garbage has not been picked up on a particular day. He thinks it is wonderful that they are looking at the core problem of staffing, but he also thinks the discussion needs to be had with the haulers that there is a problem about pickup and what are they going to do about it. What can be done to improve the service.

Chairman Dallari asked Dr. McCue to meet with Mr. Stephey and get with staff to try to figure out what the fix is. He also asked that he work through the County Manager and keep the Board informed about these issues in case they need to take further action. There was consensus of the Board in connection with Chairman Dallari’s request.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:25 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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