BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

April 26, 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, April 26, 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 Bryant Applegate

Acting County Attorney Paul Chipok

Clerk of Court and Comptroller Grant Maloy

Deputy Clerks Chariti Guevara and Kyla Farrell

OPENING CEREMONIES

Pastor Jim Lynch, East Coast Believers Church, Oviedo, gave the invocation. Commissioner Lockhart led the Pledge of Allegiance.

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Chairman Dallari left the meeting at this time.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3363

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming Sergeant First Class Ramon Bernard, United States Army, as Seminole County’s April 2022 Veteran of the Month.

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

Agenda Item #2 – 2022-3375

Public Service Recognition Week

Motion by Commissioner Constantine, seconded by Commissioner Herr, to adopt a Proclamation proclaiming the Week of May 1 - 7 as Public Service Recognition Week in Seminole County.

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

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Chairman Dallari reentered the meeting at this time.

Agenda Item #3 – 2022-3377

Denim Day

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming April 27th as Denim Day in Seminole County.

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

Agenda Item #4 – 2022-3378

2021 Annual Comprehensive Financial Report (ACFR)

Grant Maloy, Clerk of the Circuit Court and Comptroller, addressed the Board and stated the public can find the Comprehensive Reports dating back to 1999 online at seminoleclerk.org. He introduced Jenny Spencer, Comptroller’s Office Director, and Dan O’Keefe, Audit Partner, MSL. Mr. O’Keefe addressed the Board and presented the Seminole County, Florida, 2021 Annual Audit Presentation (included in agenda memorandum) for the fiscal year ended September 30, 2021. He advised the title of the report has been changed from Comprehensive Annual Financial Report (CAFR) to Annual Comprehensive Financial Report (ACFR).

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

There were no questions or discussion from the Board.

Agenda Item #5 – 2022-3379

County Investment Advisor Report

Due to technical difficulties, this item was heard after Item #7, Attainable Housing Presentation.

Agenda Item #6 – 2022-3376

2022 Wellness Program Update

Chairman Dallari announced the 2022 Wellness Program Update is being continued to the May 10, 2022, meeting.

Agenda Item #7 – 2022-3342

ARPA Attainable Housing Presentation

Allison Thall, Community Services Director, presented the ARPA Attainable Housing Presentation (received and filed). She explained they are designing a reimbursement revolving loan program to work with local for-profit and not-for-profit developers and contractors. It will begin with Community Services issuing a Notice of Funding Availability seeking applicants to develop homeownership units for first-time homebuyers.

Ms. Thall reviewed the slides in the presentation of how the program will work. For contractors, the County will establish a draw schedule and reimburse them for all approved development costs. The County will also secure each home with a mortgage, a promissory note, and a restrictive-use covenant until it is sold. Once a home is completed and sold to a qualified first-time homebuyer, the County will recoup 100% of their investment.

Pursuant to the Florida Housing Finance Corporation, the purchase price of these homes is being capped at $311,980. By capping the sales price of a single-family home and using a total construction cost of $190,000 with a sales agreement in the amount of $311,980, the developer will receive a profit of approximately $122,000, less the cost of the land they bring to the table. This purchase cap allows the County the affordability of these homes for the targeted first-time homebuyers. Based on the formula, they anticipate building up to ten homes with the initial $2 million allocation. The total net program income return on these ten homes is about $1.1 million which they can then recirculate to generate an additional six homes.

Ms. Thall reviewed how this is affordable to the homebuyer. The County recoups 100% of the investment once the contractor sells the house. With those funds that the County gets back, they will provide down payment assistance in the amount of 20% of the sales price, because this eliminates the private mortgage insurance burden. The County will also cover all closing costs. At a glance, the first-time homebuyer who qualifies for a mortgage with a 4.5% interest rate purchases this home for $311,980 plus closing costs of roughly $12,000 for a total purchase cost of $323,865. If you subtract the mortgage from the total purchase cost, this leaves a balance of $74,281. Of the $190,000 that the county recaptured at closing, the $74,281 balance is going to be paid for by this program income and the buyer goes to the closing table owing nothing. The down payment assistance and closing costs award allows the homebuyer to secure a monthly payment including principal, interest, taxes, and insurance of $1,750 per month. This is an average of a $500 savings per month over renting a three-bedroom, two-bath home right now.

The remaining $115,700 will be returned to the General Housing Trust Fund to be reinvested for the construction of six additional homes. With the first ten homes, they calculate they will expend roughly $743,000 (37% of ARPA funds) just on down payment and closing costs. They anticipate they will be able to run at least two cycles of funding prior to the December 2024 encumbered deadline.

The project timeline is ready to launch on April 30th with the release of the Notice of Funding Availability. They will accept applications through June 15th and will have completed review and announce contractor selection by June 30th. Contractors should be breaking ground by August 1st following approval of an agreement.

In full disclosure, as they are recapturing program income with each sale of a home, they realize the trust fund will be holding ARPA program income at the Treasury expenditure deadline date of December of 2026. It is possible they could have as much as $500,000 remaining depending on the actual number of homes that can be built. At this time, they have no knowledge of what Treasury intends to do following the December 2026 spending deadline with the unspent funds from all jurisdictions. They anticipate and hope the Treasury will allow them to roll the unspent funds into one of the other federal programs, but at this time they have no guarantee of that.

Ms. Thall requested approval of the ARPA spending plan to partner with local contractors and developers to construct anywhere between 16 and 20 new affordable, single-family homes between now and December 2026.

Upon Chairman Dallari's request, Ms. Thall introduced Stacey Smithwick, Community Development Manager, and Bonnye Deese, Community Development Special Projects Coordinator.

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

Commissioners Herr and Zembower expressed their appreciation to Ms. Thall and her team.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve the ARPA spending plan to partner with local contractors and developers to construct anywhere between 16 and 20 new affordable, single-family homes between now and December 2026.

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

Agenda Item #5 – 2022-3379

County Investment Advisor Report (Continued)

Greg Warner, Hilltop Securities, appeared telephonically and presented the Investment Advisor’s Report (received and filed). Mr. Warner noted the yields on the Notes and Recommendations slide were taken last Friday. The Recommended Purchases of 2.55% and 2.61% are quite a bit lower today at about 2.35% and 2.40%. They did take another closer look at that this morning, and they would still recommend those purchases. They are just seeing a lot more volatility. Yields peaked on Friday, there was a dramatic ramp up on Friday when the slide was put together, those yields have come back down and are more in line with where they were prior to that, but those are still the recommendations.

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

Commissioner Herr requested Mr. Warner walk them through again the recommended purchases and the duration of those purchases given the anticipation of future increases that was described earlier in the presentation. Mr. Warner explained two things happen. The market essentially is anticipating the rate hikes that he is referring to. When he talks about the Fed and rate hikes, the Fed controls the overnight or short-term borrowing rates. Those react largely to what the Fed is doing as they do it. However, as you extend further out the maturity curve, the market is anticipating those moves. If you go back three months, the market was expecting maybe three or four rate hikes from the Fed over the course of the next 12 to 18 months. Now the market is expecting 9 or 10 rate hikes. Those rate hikes are already priced into the market. The recommendations they are looking at already anticipate that the Fed will be raising rates at that pace. Right now, the market is looking at 50 basis point hikes the next three or four meetings. That is why they are seeing the steepness in the yield curve. Overnight rates today are still around 30 or 40 basis points. You go out the curve looking roughly 18 months and you are looking at yields of 2.30, 2.40, so the market is anticipating that. They are laddering this portfolio. They still have a very short portfolio of about 40% inside of 90 days. They think it's prudent to be able to cautiously step out towards the end of the portfolio ladder and add some of these higher yielding investments on the books. They get to put a 2.30 or a 2.40 on the books immediately rather than wait for the Federal Reserve to raise the overnight Fed funds rate. That is their thinking here.

Commissioner Zembower stated he would like to have a dialogue in light of what is happening with the Fed and what they may or may not do. He would like to know the Board's thought process in order to possibly take advantage of some of these additional yields that can be turned on a quick decision versus the Board convening to make that decision. Commissioner Herr responded she recognizes this is a request that has been out there for a long time, and she struggles with feeling as though she was elected to have that fiduciary responsibility and would be advocating that to someone else. She realizes in this iteration they lost a few basis points, very minimal. In other times, they may win by waiting the week or two between the work that's done by the consultant to the work that's done on this board. She was very in tune to listening on the campaign trail to the notion that the citizens of the county want transparency and they want accountability, and that's not to say that the Clerk making those decisions wouldn't be transparent and accountable, but they are elected to run the financials of this organization. She struggles with the concept, and she and the Clerk have talked about it. Commissioner Zembower stated that is not what he was advocating. In no way, shape, or form was he advising the Clerk to take it over. It was with the Chairman, with this Board's blessing, with the investment advisor and the Clerk taking that action accordingly. That's all he was saying. He has no interest in turning everything over to the Clerk.

Commissioner Lockhart stated when things are unsettled and they see that there's ups and downs and there's variability, there's a sense to just want to be able to get ahold of that and put something in place that could help provide flexibility. They are a board of five for a reason, and the Chairman's responsibility is to run meetings and represent the Board at official events. To give additional responsibility to the Chairman that's not called for in the charter or in any of the documents, she thinks would be problematic on a couple of different levels. She would like to hear from Acting County Attorney Paul Chipok and Interim County Manager Bryant Applegate on what they would recommend in order to give the Board the ability to maybe convene virtually or to convene more quickly at times that aren't necessarily planned, if that's an option.

Chairman Dallari stated there is an opportunity to maybe get a couple extra basis points, but they are not losing money, they are just losing an opportunity. At the same token, if there was really some turmoil, they can always call an emergency meeting. He thinks it's important to have transparency and that the public is involved through these public hearings.

Clerk Maloy stated he is highly opposed to the way this was set up and reminded there was a lawsuit involved. After that, there were some inherent technical problems and it's exactly what they are talking about. Money moves daily, by the minute, markets change, and the concept of having a Board have an emergency meeting to make a decision to allow the Clerk to move money is not a practical solution. A couple of years ago, he met with Mr. Applegate and they modified the policy to make emergency decisions and inform the Board afterwards, so there is a mechanism in there. When the COVID shutdown occurred and the markets dropped to zero overnight, the Clerk's Office quickly moved as much money as they could in consultation with the investment advisor and then reported back to the Board. He thinks that addresses the problem they are talking about.

Mr. Applegate agreed with Clerk Maloy. This has been an extremely transparent process, and he knows how well the Clerk is working with the investment advisor in implementing the Board's recommendations. He would suggest following what is adopted. And if there is a crisis, he knows the financial advisor and Clerk will take the necessary steps.

Mr. Chipok agreed there is the ability to call emergency meetings with the Board. Although they have that power, he cautioned to use it sparingly and not routinely. It is a bit cumbersome. And even though they have the provisions in place for the emergency meetings, the optics would be to lose some of that transparency they have taken such great strides to try to obtain.

Commissioner Lockhart confirmed with Mr. Applegate he is suggesting they already have a policy in place that allows the flexibility that is being asked for.

Commissioner Herr stated she feels like they are saying two different things. She appreciates the fact there's a provision in place that allows for emergency action. The request was to have that action be able to take place routinely. Routine and emergency are two different things. She wants to be clear on what they are all saying. Her position is that the current system is working. She thinks the point that the Clerk made earlier of when there was an emergency, the appropriate thing was done and that worked. She wants to make sure they are all saying the same thing and that they didn't just change their process to say everything is an emergency, and Mr. Applegate confirmed.

Motion by Commissioner Zembower, seconded by Commissioner Herr, 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.

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

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Chairman Dallari recessed the meeting at 10:42 a.m., reconvening at 10:53 a.m.

CONSENT AGENDA

Mr. Applegate announced Item #43, Extension to the Termination Letter to Recovery House Lease, has been added to the 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:

County Manager’s Office

Addressing

8. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-58 naming an "unnamed" public right-of-way to Care Point. (2022-3373)

Community Services

Community Assistance

9. Approve and authorize the Chairman to execute the First Amendment to Hair in Motion of New York Apprenticeship Training Program CSBG-CV Funding Agreement Fiscal Year 2021-2022 in the amount of $70,000. (2022-3349)

Community Development

10. Approve and accept the Neighborhood Stabilization Program 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 month of March 2022. (2022-3350)

Development Services

Planning and Development

11. Authorize release of Performance Bond #FL616098 for roads, streets, and drainage, in the amount of $15,251.50 for Pearl Car Wash Casselberry. (2022-3307)

12. Authorize the Chairman to execute the Second Amendment to the Road Impact Fee/Mobility Fee Interlocal Agreement with the City of Sanford. (2021-2987)

Environmental Services

Business Office

13. Approve the release of three (3) original Maintenance Bonds for Water & Sewer Facilities, two (2) Water and Sewer Improvements Cash Maintenance Bond with Escrow Agreement, and one (1) Maintenance Agreement with Letter of Credit as follows: Bond #59BSBIG1787 in the amount of $25,599.91 for Winterbrook; Bond #SUR0048145 in the amount of $15,177.98 for Hideaway Cove Ph. 2; Bond #CMS0339725 in the amount of $72,236.26 for The Estuary at St. Johns; Cash Bond in the amount of $4,980.00 for Terra Bona; Cash Bond in the amount of $4,150.00 for BioFit Performance; and Letter of Credit # IS000117600U in the amount of $66,420.00 for Ligonier Ministries. (2022-3355)

Solid Waste Management

14. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN) for Conex Recycling Corporation effective from October 1, 2021 through September 30, 2022. (2022-3365)

Fire Department

Business Office

15. Approve and authorize the Chairman to execute the Developer's Agreement Regarding Smith Preparatory School at 4921 South U.S. Highway 17-92 with City of Casselberry, Veritas Academy of Central Florida Inc. d/b/a Smith Preparatory School, and Community Methodist Church of Casselberry. (2022-3380)

Informational Technologies

GIS

16. Authorize the Chairman to execute GIS Interlocal Agreement with the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs, and the Seminole County Property Appraiser for Geographic Informational System Mapping Services. (2021-2766)

Public Works

Engineering

17. Approve and authorize the Chairman to execute an Agreement of Purchase and Sale of Mitigation Credits with Colbert-Cameron Mitigation Bank for the US 17-92 Recreational Path Project, also known as the Seminole Trail Overpass/Pedestrian Connection at US 17-92, for the purchase of three tenths (0.30) State (RATIO) and Federal Wetland Rapid Assessment Procedure (WRAP) Forested Credits for the purchase price of $15,000.00. (2022-3326)

18. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcels 166 and 866 for property interests needed for the Orange Boulevard Improvement Project (2,208 ± SF & 25 ± SF respectively) between Benjamin A. Melvin and Seminole County for $40,640.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3351)

19. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcels 118 and 818 for property interests needed for the Orange Boulevard Improvement Project (2,324 ± SF & 81 ± SF respectively) between Sheryll Smart and Millard Smart and Seminole County for $125,900.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3352)

20. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #25 for property interests needed for the Monroe Trail Loop Project (3,300 ± SF) between Raquel Benavides and Seminole County for $61,100.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3353)

21. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #24 for property interests needed for the Monroe Trail Loop Project (3,850 ± SF) between Richard Clyde Lindsey, Trustee under the Iris Gay Flowers Lindsey Revocable Living Trust, and Patricia H. F. Allen Adams and Seminole County for $13,480.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3360)

22. Approve and adopt appropriate Resolution #2022-R-59 accepting a drainage easement donated by 3900 Narcissus Avenue, LLC, to Seminole County related to roadway improvements and continued maintenance of a portion of Narcissus Avenue east of Monroe Road. (2022-3361)

23. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #142 for property interests needed for the Orange Boulevard Improvement Project (3,259 ± SF) between Wesley G. Turner and Brenda R. Turner and Seminole County for $151,870.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3369)

24. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcels #125/825 for acquisition of property interests needed for the Orange Boulevard Improvement Project (5,764 ± SF & 125 ± SF respectively) between William S. Armstrong and Lilliana A. Armstrong, as Trustees of the William S. Armstrong Revocable Trust and Seminole County for $100,000.00, as full settlement of all other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3371)

25. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #15 for property interests needed for the Monroe Trail Loop Project (4,600 ± SF) between Becky Mizzell and Seminole County for $133,320.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3381)

Facilities

26. Approve and authorize the Chairman to execute the First Amendment to Memorandum of Understanding for use of Impower Building and Thomas B. Ball Building for Administrative Office Space (Regarding Short Term Leases for Reflections Plaza Suite 534 and Thomas B. Ball Building) with Florida Department of Health – Seminole County; and Short Term Lease Agreement (For Use by Department of Health – Seminole For COVID-19 Response) with A & Z Ventures, Inc. (2022-3372)

27. Approve and authorize the Chairman to execute Second Amendment to Florida Department of Health, Seminole County Lease Agreement. (2022-3347)

28. Approve and authorize the Chairman to execute the Fourth Amendment to Lease Agreement Central Florida Zoo and Botanical Gardens with Central Florida Zoological Society, Inc. (2022-3413)

43. Consent Agenda Item number not sequential - Approve and authorize the Interim County Manager to execute a letter to Recovery House of Central Florida, Inc., modifying the lease termination date stated in the County Manager’s July 29, 2021, letter, to July 31, 2022. (2022-3390)

Watershed Management

29. Approve and authorize the Chairman to execute a Right of Entry Agreement between Seminole County and the Florida Audubon Society, Inc. for the Little Wekiva River Restoration Project. (2022-3359)

Resource Management

Purchasing and Contracts

30. Approve Second Amendment to RFP-602604-16, Term Contract for Agenda Management System, with Granicus, LLC, St. Paul, MN; and authorize the Purchasing and Contracts Division to execute the Amendment. (2022-3315)

31. Waive the competitive procurement process and approve First Amendment to Master Software Agreement SS-604141-21/TLR, Neighborly Software Agreement for Mortgage Assistance Application, with Benevate, Inc., to add modules; and authorize the Purchasing and Contracts Division to execute the Amendment and future Amendments as funds are approved during the budget process. (2022-3327)

32. Award RFP-604255-21/CAR, Term Contract for Disaster Debris Planning, to Tetra Tech, Inc., Maitland; and authorize the Purchasing and Contracts Division to execute the Agreement. The estimated usage of the contract will be determined at the time of a disaster. (2022-3320)

33. Waive the procurement process and authorize SS-604343-22/PCD, Purchase and Installation of Liquid Oxygen Tank (LOX) for Ozone Production, from NES Cryo Inc., A Division of ACME Cryogenics, Port St. Lucie; and authorize the Purchasing and Contracts Division to issue a Purchase Order in the amount of $258,833.00. (2022-3348)

34. Approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and authorize the Purchasing and Contracts Division to execute two (2) Agreements for PS-4100-22/GCM - Basin Studies for East Seminole County Basins. Estimated Term Usage $4,000,000.00. (2022-3356)

County Attorney’s Office

Business Office

35. Adopt appropriate Resolution #2022-R-60; and approve, solely for the limited purposes of Section 147(f) of the Internal Revenue Code, the issuance by the Authority of not exceeding $1,008,000 of its Housing Revenue Completion Bonds (Enclave at Alafaya Apartment Homes), Series 2022 for the principal purposes of making a loan or loans to Enclave at Alafaya Partners, Ltd., a Florida limited partnership (the "Borrower") to finance or reimburse the Borrower for the cost of completing the acquisition, construction, and equipping a multifamily residential rental apartment project, to be known as Enclave at Alafaya Apartment Homes, which is located in the County and paying a portion of the costs of issuance of such Bonds, which is located in the County and operated by the Borrower. (2022-3384)

Constitutional Officer’s Consent Agenda

Clerk & Comptroller’s Office

36. Approve Expenditure Approval Lists dated March 29 and April 5, 2022; Payroll Approval List dated March 31, 2022; and BCC Official Minutes dated January 11 and 25, February 8 and 22, and March 8, 2022. (2022-3370)

Under discussion, in regards to Item #43, Recovery House lease, Commissioner Constantine requested they do everything they can to help Recovery House as they continue to struggle to find a permanent location. Mr. Applegate responded they are working on it.

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

Clerk & Comptroller’s “Received and Filed” Documents

REGULAR AGENDA

Agenda Item #37 – 2021-3104

Picket Downs Lot #18 Impact Fee Vesting Appeal/

Paul and Kristin Dobo, Appellants

Rebecca Hammock, Development Services Director, addressed the Board and presented the request as outlined in the agenda memorandum. Staff recommends the Board uphold the denial of the mobility, fire and rescue, and library impact fees vesting.

Chairman Dallari advised he met with the property owner in his office. Mr. Dobo was under the belief they would have been vested because their contractor told them so. It's a single-family home that they have been working on for quite some time. They have all their finances, but the additional $10,000 is a true financial hardship. That is why the Chairman suggested they appeal the decision. Even though staff is following the rules, he thinks this is something they should work on with the property owner to allow them to adhere to the old impact fees.

Commissioner Zembower reviewed the time frame with Ms. Hammock. He inquired why it took all the way to March, well after the impact fees were in place. Ms. Hammock responded her understanding is the building permit was submitted in December. Likely the property owner became aware there was an increase in the impact fees when the impact fee statement was issued.

Paul Dobo, Appellant, addressed the Board and stated the permit was submitted December 30, 2021, as they were verbally told. The permit sat in the queue until mid-February of 2022. That was when Debbie Troast, Impact Fee Program Coordinator, did the impact evaluation. It was during that time he reached out to her to question why the fees were so high when they were under the impression they were going to be vested. Mr. Dobo stated he understands they did not submit the application by the required deadline. It was not their intention to not apply for the vesting. When he spoke with Ms. Troast, that is when he first became aware of the September 13th deadline. That is when things started coming to light that something did not go right in the communication between the County, his contractor, and themselves as the owners. They trusted their contractor knew what was going on. The contractor did reach out to the county office, and the communication that was passed on was as long as they had their documentation and the permit submitted by the end of the calendar year, they would be vested. When the permit was submitted and the impact fees were not calculated until the February 22 date, that's where the March 3rd time frame comes into place. Had they known this was the process set forth, they would have submitted the application by the deadline.

Mr. Dobo feels the notification process that was put in place was misconstrued. He has been informed public announcements were in the Orlando Sentinel, signs in the permit office, on the website, and a mass email was sent out to the Greater Orlando Builders Association (GOBA) and not to the individual contractors who are registered with the county. It was on GOBA to pass that on to their members of contractors. His contractor is a small business, a one-man show, a custom homebuilder who only submits one to two permits a year. He is not a developer and he is not a member of GOBA. Therefore, he did not get the notification of the vesting deadline.

Mr. Dobo advised they have a contract signed and they close on the construction loan next week with the vested impact fees from the previous years. With the increase of material costs, COVID, and manufacturing and construction delays, this process has taken them almost two years longer than originally anticipated. He is requesting his appeal be granted.

Chairman Dallari expressed staff is doing the right job. The contractor should have known better, but they were trying to do all the right things and it just didn't happen. He thinks they should give them leniency.

Motion by Chairman Dallari, seconded by Commissioner Herr, to grant the appeal, thereby overturning the denial of the Mobility Fee, Fire and Rescue Impact Fee and Library Impact Fee Vesting for Pickett Downs Lot #18 located on Sultan Circle, Chuluota.

Discussion ensued among the Board. Commissioner Constantine stated this is not a precedent-setting situation. Chairman Dallari clarified this is a special-case scenario and does not form a precedent. Commissioner Herr agreed this is a unique circumstance.

Upon inquiry of Commissioner Zembower, Ms. Hammock reviewed the permitting timeline and confirmed 2020 and 2021 were unprecedented for the number of permits and inspections. Commissioner Lockhart spoke about possible process improvement. She inquired if they have the emails of the people who do business with the building department. Ms. Hammock responded each application would have an email. She had inquired if they could send out a mass email through ePlan, but she was informed it would crash the system.

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.

COUNTY ATTORNEY BRIEFING

Agenda Item #38 – 2022-3374

Opioid Litigation Update

Desmond Morrell, Senior Assistant County Attorney, addressed the Board and stated they are requesting the Board authorize and approve the execution of three new participation agreements with CVS, Teva, and Allergan, defendants in the opioid litigation. The total compensation would be $1.6 million and would be allocated in accordance with the State's MOU the Board is aware of. The $1.6 million will go towards funds which already include $600,000 from Endo as well as significant funds from Janssen, McKesson, Cardinal, and AmerisourceBergen. Mr. Morrell advised they do anticipate additional settlements coming forward. He recommends they sign onto this so they can get the paperwork back to the Attorney General's Office to be processed.

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

Commissioner Constantine confirmed with Mr. Morrell the fund distribution is over 18 years. Mr. Morrell explained the way the allocation model works, the State will receive all of the funds and those will be distributed to the counties, cities, and private stakeholders. The model indicates that over 18 years, they will be receiving the majority of the funds. There are a few settlement agreements that would result in the majority of the funds coming to the County directly in one trough. For example, they should receive the majority of the $600,000 from the Endo settlement in one lump sum. The others should be going out over the 18-year interval.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute the proposed settlement agreements with CVS, Allergan, and Teva.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Mr. Applegate stated he has been working on trying to lock in dates for the county manager interviews. He is hoping the week of May 23rd or June 8, 9, and 10 are acceptable. There's an issue about candidates wanting to apply if it's too far out. Discussion ensued. Chairman Dallari stated he would meet with Mr. Applegate and his staff to see if there's something they can do about a BCC meeting as well.

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Chairman Dallari recessed the meeting at 11:27 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Clerk Maloy and Deputy Clerk Chariti Guevara who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to authorize the filing of the proof of publications for this meeting’s scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS - LEGISLATIVE

Agenda Item #39 – 2022-0005

Net Buildable Acreage Amendment to the

Comprehensive Plan Text and Land Development Code

Mary Moskowitz, Planning and Development, addressed the Board and presented the request as outlined in the agenda memorandum.

With regard to public participation, Cindy Haller spoke in support; no one else spoke and public input was closed.

Public Comment Form was received and filed.

Written Comment Forms in support were received and filed from Joe Humphreys and Nancy Harmon.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to adopt Ordinance #2022-10 and Ordinance #2022-11 enacting Comprehensive Plan text amendments to the introduction element and the Seminole County Land Development Code revising the definition of net buildable acres; as described in the proof of publication.

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

Agenda Item #40 – 2021-0032 – Non-Public Hearing Item

Net Buildable Calculation Vested Rights Process Resolution

Ms. Moskowitz addressed the Board and presented the request as outlined in the agenda memorandum.

Commissioner Herr asked how they define stakeholders for this item. Ms. Moskowitz explained they are dealing with early on in the development stage, so they generally know who the developers are. They will be sending this to stakeholder groups like the DAB, GOBA, Apartments Association, and utilizing some new social media tools that they may not have had in place before. They will continue to work with Community Relations to get the word out. Commissioner Herr asked if it is possible for staff to notify anybody that has done a development in the last five to ten years. Ms. Moskowitz replied unlike the Building Department, her list of applicants is much smaller so she will not risk the same technological difficulties that Building has. Commissioner Herr asked how they are defining that. Ms. Moskowitz answered they get about 200 applications a year, and they have all of their contact information. Commissioner Herr explained she doesn’t want to be prescriptive, but she wants to give direction that that window needs to be wide; number of years back needs to go way further than one, and she would suggest five or ten. Ms. Moskowitz stated she knows they could definitely go back one year. Included in the 200 applications are also lot splits and those types of things. She isn’t sure if they necessarily want staff to go through all of those; but all of the rezones, land use amendments, those types of things are even fewer than that 200 number. Commissioner Herr suggested they err on the side of large.

Commissioner Zembower asked if staff has any idea how many prospects are in the queue that are going to need vesting. Ms. Moskowitz answered when she did the initial analysis, they had about five applications; but right now, they only have one that would meet the deadline. But she doesn’t know what she doesn’t know. Commissioner Zembower asked if that includes anything that has come in from DRC in a certain amount of time that was perhaps not moved forward for whatever reason that may move forward in the future. Ms. Moskowitz responded she went back about a year. Usually, most people who are going to move forward with a project, move forward within that year. If they haven’t done it by then, market conditions have changed; and they’re most likely not going to move forward with the project. Out of her initial look, they had about six; and now there is just one that is moving forward.

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

Commissioner Constantine stated they want to make sure that everyone who could be affected gets notified; and if somebody comes up, they may want to document what they tell them.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to execute appropriate Resolution #2022-R-61 amending the Seminole County Administrative Code to amend Section 30, Economic and Community Development Services, and amend Section 20, Fee Resolutions.

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

Agenda Item #41 – 2022-3330

Code of Ordinances Amendments to Chapters 95 and 120 (Junk and Junk Dealers)

Ms. Moskowitz addressed the Board and presented the request as outlined in the agenda memorandum.

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

Commissioner Herr asked if the Code Enforcement Officer and their counsel has weighed in on whether or not this Ordinance has enforceable language. Mr. Chipok answered yes. He explained they have been in contact with the Sheriff’s Office, and both their Code Enforcement Officer and legal staff gave their thumbs up on the proposed language.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt Ordinance #2022-12 amending the Code of Ordinances Chapter 95 (Health and Sanitation) and Chapter 120 (Junk and Junk Dealers) in order to define the term junk vehicle, and clarify the code enforcement process for junk vehicles on private property; as described in the proof of publication.

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

Agenda Item #42 – 2022-3339

Ordinance Amending Seminole County Code Chapter 20, Animal and Fowl

Alan Harris, Office of Emergency Management, addressed the Board and presented the request as outlined in the agenda memorandum.

Commissioner Constantine noted six dogs and eight cats sounds like a lot to him. As they move forward, if it’s approved, he would like staff to continue to study that number. Living in a condominium, seven cats and six dogs, sounds like hoarding. Commissioner Herr stated they are starting from a place where there are no limits. She is dangerously close to the dog limit on a fenced acre. This is a good place to start. Mr. Harris advised they did look across the state of Florida to see what limits other counties and cities impose. It is important to note that there are two cities in Seminole County that have lower numbers than what staff is proposing. Their Code still remains the same. In Sanford, it’s still three cats and three dogs; and five animals in Longwood, unless they have two-or-more acres, then it’s ten animals. For those two cities, they have lower limits; and they would still be intact and be enforced.

Commissioner Lockhart advised something they may want to consider if they’re going to continue having this conversation moving forward is that there is a big difference between a condominium and a fenced acre. The size of the property that the animals are living together on with their people is a factor they need to consider at some point in time. Commissioner Zembower briefly discussed the equestrian aspect of the Ordinance.

Commissioner Lockhart asked if there was a grandfathering provision. Mr. Harris answered there is not a provision. He explained this does not prevent a person from having more animals. If a person has seven dogs and/or nine cats, they still can have those. They would just need to get a non-commercial kennel license, which is free. All this does is allow the Animal Control Officer to check on the well-being of the animals once a year. Commissioner Constantine reiterated as they go forward, he would like for them to take into consideration the limit and the size of the lot.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt Ordinance #2022-13 approving changes to Seminole County Code 20: Animal and Fowl to include addition of protection against puppy mills/backyard breeders, allowing Trap-Neuter-Vaccinate-Return (TNVR) programs, protections for equestrian homes/farms, and preventative measures against animal hoarding; as described in the proof of publication.

With regard to public participation, Bryan Wilson, Stephen Bardy, Andrea Hubbs, and Nancy Harmon spoke in support; no one else spoke and public input was closed.

Public Comment Forms were received and filed.

Chairman Dallari left the meeting during public participation.

Ms. Harmon had a concern regarding Section 20.21 (Odors). Upon Commissioner Lockhart’s request, Mr. Harris addressed the concern.

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

COUNTY MANAGER’S REPORT

Mr. Applegate stated before the next meeting, he is going to ask that Ed de la Parte, outside counsel on environmental and water issues, address the Board and explain what is going on with the outstanding Florida springs proposed rule and also the Deer Run CUP issue.

COUNTY ATTORNEY’S REPORT

No report.

DISTRICT REPORTS

District 2

Commissioner Zembower reported on events he has recently attended.

District 4

Commissioner Lockhart discussed the most recent Rosenwald community meeting. She asked Ms. Hammock if she would distribute to the Board the results of the community survey along with the key because sometimes it’s hard to know what the rankings were based on the way it was sent out.

Commissioner Lockhart reported on events she has recently attended and upcoming events.

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Chairman Dallari returned to the meeting at this time.

District 3

Commissioner Constantine discussed a recent Wekiva River Basin Commission meeting regarding the parkway, as well as a TDC meeting; and reported on events he has attended and noted upcoming events.

Commissioner Constantine stated he did want to bring up the new law relating to solar power and whether or not that would affect the County. He was assured by County Attorney’s Office staff that that is not the case, and they can continue on and not be concerned about the future use of it.

The Commissioner then discussed FAC and volunteering.

Commissioner Constantine advised he thinks it is time for staff to investigate the possibilities of purchasing all or part of Sunshine Water Services down in the Sweetwater area. He would like the Board to concur to the County Manger that he can start investigating that if that would be possible. Minimal discussion ensued, and there was consensus for staff to look into the possibility.

Commissioner Constantine announced an FAC scholarship opportunity for a student of a Seminole County employee.

District 5

Commissioner Herr discussed the Monroe Landings grand opening celebration. She reported on events and meetings she has recently attended.

District 1/CHAIRMAN’S REPORT

Chairman Dallari distributed an email from a Chuluota resident regarding traffic on Willingham Road (received and filed).

Chairman Dallari mentioned upcoming events and announced Seminole County Utilities was awarded the American Water Works Association Best Taste Award for drinking water.

The Chairman discussed a request for a joint work session with Seminole State College and the Seminole County School Board. He met with Georgia Lorenz, president of Seminole State College, and she had met with the School Board’s superintendent; they didn’t have any items that they felt they wanted to have a joint work session on, but they would like to have a meet and greet with the Board. Commissioner Lockhart advised she is one of the trustees on the board, and Dr. Lorenz is like the County Manager to her. And as a board, they gave direction to do that. She doesn’t know about the discussion with the superintendent; but she’ll have to follow-up on that to see what the context was.

Chairman Dallari provided a letter acknowledging Theressa Jones as Director of the Seminole County Mosquito Control Program. He asked for Board permission to sign the letter.

Motion by Commissioner Constantine, seconded by Commissioner Herr, to authorize the Chairman to sign a letter acknowledging Theressa Jones as Director of the Seminole County Mosquito Control Program (received and filed).

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

Chairman Dallari stated he has a request to provide a letter from the BCC to MetroPlan providing the 2022 Technical Advisory Committee. They need two appointees; Primaries will be Jean Jreij, Public Works Director; Mary Moskowitz, Planning and Development Division Manager; and Bill Wharton, Transportation Manager; Alternates will be Charles Wetzel, County Traffic Engineer; Jeff Hopper, Principle Planner; and Anthony Nelson, Deputy Public Director/Deputy County Engineer.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to authorize the Chairman to sign a letter providing the 2022 Technical Advisory Committee (received and filed).

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

Chairman Dallari stated he has complaint letters for Sunshine Water Services, Florida Department of Environment Protection, and the FPSC regarding problems with sewer spillage. He needs permission to sign the letters and send them out.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to authorize the Chairman to sign a complaint letter regarding sewer spillage from Sunshine Water Services (received and filed).

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

Chairman Dallari advised staff has discussed with the Board a draft letter on the Sustanee project happening in Orange County. He doesn’t think they should be telling Orange County to transmit it. The concerns stated in the letter should be addressed before it is approved for transmittal to the State. Discussion ensued.

Ms. Hammock addressed the Board and advised the last page of the letter states that currently Seminole County does not oppose transmittal of the proposed Lake Pickett North Sustanee Future Land Use Map Amendment transmittal to the Orange County Comprehensive Plan. If transmitted, Seminole County requests that the letter be included in the transmittal package. But it goes on to say while they don’t oppose transmittal, they reserve judgment on whether or not Seminole County will support adoption of the proposed plan amendment regarding Sustanee. Chairman Dallari stated he thinks they should say they are opposed to Orange County transmitting it. Discussion ensued.

There was a unanimous decision to strike the first sentence on the second paragraph on page six of the letter.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve the changes to the draft letter regarding Sustanee; and authorize the Chairman to sign the letter (draft letter and signed letter received and filed).

Ms. Hammock pointed out if they strike that sentence, they will also need to strike the third sentence of the same paragraph. The motioner and seconder agreed.

Upon Chairman Dallari’s inquiry, Mr. Chipok stated that believes that brings the Board’s thoughts in a very concise manner.

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

Chairman Dallari requested Mr. Applegate discuss the schedule of the potential County Manager candidates.

Mr. Applegate announced it looks like they have been cleared for the week of May 23. Robert Slavin, Slavin Management Consultants, will be prepared to provide a report the first meeting in May. With that schedule, the Board will have the chance in early June to make a selection. Chairman Dallari asked if they need to look at either cancelling or rescheduling a BCC meeting. Mr. Applegate advised he spoke to Ms. Hammock, and as of now, there doesn’t seem to be a problem with cancelling the second meeting in May to use it if they have to for some part of the process. Discussion ensued regarding the schedule. Mr. Applegate stated he is trying to balance all five Commissioners and the candidates. He wishes he could be more specific right now, but he can’t.

COMMUNICATIONS AND/OR REPORTS

1. Letter dated April 4, 2022, to the BCC, from Joe Abel regarding his intention of retirement.

2. Letter dated April 14, 2022, to the BCC, from Steven Mason, Attorney at Law, regarding Seminole County TNVR; Pilot Spay/Neuter Program.

3. Letter dated April 14, 2022, from Chris Kinter, City of Longwood Community Development Director, regarding Annexation of Public ROW Segment of SR 434 to the City of Longwood.

FUTURE AGENDA ITEMS

Commissioner Herr stated she needs a little bit of direction. She deals with traffic-calming requests just about two-to-four times a week. She doesn’t share them, and is wondering if that is a deficit on her part that she doesn’t do that. Commissioner Lockhart noted she doesn’t bring hers forward either. Chairman Dallari noted he just likes to let people know what he’s working on.

PUBLIC COMMENT (Items Not Related to the Agenda)

Katherine Christy’s name was announced, but she stated she would like to defer her comments to a later time.

David Walsh’s name was announced, but he was no longer present.

Nancy Harmon discussed her opposition to the process of how public hearings are advertised and published. There was some Board discussion, and Mr. Applegate requested the opportunity to sit down with Ms. Harmon and get some more details and map something out to present to the Board. There were no objections.

Joe Humphreys discussed similar concerns as Ms. Harmon. Commissioner Lockhart asked staff to get with Mr. Humphreys regarding his concerns on a particular project.

Public Comment Forms were received and filed.

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Commissioner Lockhart stated she has something that will be coming forward as a Future Agenda Item, but they’ve had a couple examples today of how it could be beneficial. They have Operating Policies and Procedures of the Board, and she thinks every meeting they have questions about whether or not they are doing something appropriately. As a Future Agenda Item, she will bring forward a request to have a small work session with the County Manager and the County Attorney to hash through the policies and procedures.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:58 p.m. this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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