BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

June 22, 2021

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, June 22, 2021, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Lee Constantine (District 3)

Vice Chairman Amy Lockhart (District 4)

Commissioner Robert Dallari (District 1)

Commissioner Jay Zembower (District 2)

Commissioner Andria Herr (District 5)

County Manager Nicole Guillet

Deputy County Attorney Paul Chipok

Clerk of Court and Comptroller Grant Maloy

Deputy Clerks Kyla Farrell and Chariti Colon

OPENING CEREMONIES

Reverend John Pierce, Ethnos360, Sanford, gave the invocation. Cliff Long, Orlando Regional Realtor Association, led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2021-2744

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Sergeant Bruce Fleming, United States Army, as Seminole County's June Veteran of the Month.

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

COUNTY MANAGER’S CONSENT AGENDA

Chairman Constantine noted the Board received an email from Cindy Haller (received and filed) supporting Agenda Item #13, Little Wekiva River Restoration Project.

With regard to public participation, Grey Wilson spoke in support of Agenda Item #13; no one else spoke, and public input was closed. Public Comment Form received and filed.

Commissioner Lockhart requested Agenda Item #2, Resolution renaming Ford Street to Brewer Street, be pulled for a separate discussion.

Commissioner Dallari stated he doesn’t need to pull the item, but he would like to make a comment on Agenda Item #3, Tourist Tax Funding Agreement (2021 Third Quarter Events) with Perfect Game USA, Inc. The Commissioner stated they have these approvals quarterly, and he really thinks they need to have one master agreement that gets approved on an annual basis. He’s hoping that since this one is for July through September, come October they have one master agreement to approve for the year. Chairman Constantine stated he believes that is in the works.

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

County Manager’s Office

Addressing

2. Pulled for a separate discussion.

Tourism Development

3. Approve and authorize the Chairman to execute a Tourist Tax Funding Agreement (2021 Third Quarter Events) with Perfect Game USA, Inc., in the amount of $222,369.20 for the eleven (11) baseball events scheduled at the Boombah Sports Complex, July 2, 2021, through September 19, 2021, which are projected to generate 14,827 Seminole County hotel room nights and $12.4 million in economic impact. (2021-2743)

Community Services

Community Assistance

4. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-93 amending Seminole County Administrative Code, Section 12.5 (Burials and Cremations Policy), for the burial or cremation of the unclaimed remains of an indigent person whose death occurred or whose remains were found in Seminole County. (2021-2732)

Community Development

5. 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 May 2021. (2021-2738)

Development Services

Planning and Development

6. Authorize the release of Maintenance Bond #1075033 for streets, curbs, and storm drains in the amount of $19,620.84 for Towns at White Cedar. (2021-2741)

7. Authorize release of Performance Bond #LICX1196033 for roads, sidewalks, and drainage in the amount of $463,380.43 for River Run Preserve. (2021-2725)

Public Works

Engineering

8. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #111 for early acquisition of property needed for the Orange Boulevard Improvement Project (701 ± SF) between Charles Smith and Amy Smith and Seminole County for $6,280.00, as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to the parcel. (2021-2735)

9. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #128 for early acquisition of property needed for the Orange Boulevard Improvement Project (7,625 ± SF) between Robert A. Bugnacki and Kristine A. Bugnacki and their successors in Trust, as Trustees of the Bugnacki Revocable Living Trust dated September 21, 2015, and Seminole County for $102,500.00, as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to the parcel. (2021-2736)

Facilities

10. Approve and authorize the Chairman to execute the First Renewal to Wilshire Plaza, Phase II Lease between Crystal Bay Club, LLC, and Seminole County. (2021-2635)

Resource Management

Budget

11. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-94 implementing the Budget Amendment Request (BAR) #21-070 in the Technology Replacement Fund to appropriate budget of $223,000.00 from reserves for Countywide Performance Management Dashboard. (2021-2734)

12. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-95 implementing Budget Amendment Request (BAR) #21-071 in the Water & Sewer fund totaling $22,000.00 to establish capital funding for the replacement of two line locators (CIP#02108037). (2021-2757)

13. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-96 implementing Budget Amendment Request (BAR) #21-072 in the amount of $151,000.00 in the 2014 Infrastructure Sales Tax Fund for the Little Wekiva River Restoration Project (CIP#02207099). (2021-2755)

Purchasing & Contracts

14. Award CC-3697-21/RTB - Tanglewood Drainage Improvements to GPS Civil Construction, Inc., of Daytona Beach, in the amount of $652,487.50; and authorize the Purchasing & Contracts Division to execute the Agreement. (2021-2739)

15. 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 & Contracts Division to execute one (1) Agreement for PS-3679-21/GCM - Criminal Justice Center Renovation and Five Points Building System Improvements. (Estimated Term Usage $4,000,000.00). (2021-2742)

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

Consent Agenda Item #2 – 2021-2752

Commissioner Lockhart stated there are a couple of different streets in this area named Ford as shown in the agenda backup. One of the reasons for renaming this street Ford is that there are other Fords, and she wants to make sure staff is aware there is another application pending to rename another street named Ford. She asked Alan Harris, Chief Administrator for the Office of Emergency Management, to explain how this renaming came to be and perhaps also the application that’s in process.

Mr. Harris addressed the Board and stated the Addressing Division does an analysis with the help of the 911 Center of any roads that could be confused when a 911 call comes in. Unfortunately, previous to good GIS mapping and the County and municipalities working as closely as they do today, there are numerous roads that are named the exact same thing. As those are identified, staff contacts the individuals that are on that road and asks if it is okay to rename the road. This road in particular only had one parcel, so it was fairly easy; for others, there may be 15 – 20 parcels and there is a lot of work that goes into an address change, so those take longer. He warned the Board that there are a lot of streets that have the same name, and they are working through them; but it is a process. Commissioner Lockhart stated because there is another application pending for another Ford, this agenda item caused some confusion in the community because they are hopeful that there is another name that will be considered for the Ford that is north of SR 436. For clarification, this is for the Ford that is south of SR 436. She asked Mr. Harris to keep the Board updated on the application for Ford north of SR 436.

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute appropriate Resolution #2021-R-92 renaming Ford Street to Brewer Street.

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

County Attorney’s Consent Agenda

Item #16 – 2021-2751

Paul Chipok, Deputy County Attorney, advised this is a Resolution solely for the limited purposes of Section 147(f) of the Internal Revenue Code for the issuance by the Housing Finance Authority of Orange County, Florida of not exceeding $43,000,000 of its multifamily housing revenue bonds for the Stratford Point Apartments for the purpose of financing the cost of acquisition, rehabilitation and equipping a multifamily residential rental apartment project. The County is not assuming any liability or debt by this. This is merely a mandatory requirement of the Internal Revenue Code. Chairman Constantine asked if these apartments are staying as affordable housing, and Mr. Chipok answered yes.

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve appropriate Resolution #2021-R-97; and approve, solely for the limited purposes of Section 147(f) of the Internal Revenue Code, the issuance by the Housing Finance Authority of Orange County, Florida of not exceeding $43,000,000 of its multifamily housing revenue bonds (Stratford Point Apartments Project) for the purpose of financing the cost of acquisition, rehabilitation and equipping a multifamily residential rental apartment project, described in the Resolution, which is located in the County and owned by Stratford Point Preservation, Ltd.

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office - Item #17

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve Expenditure Approval Lists dated May 11, 25, and June 1, 2021; Payroll Approval Lists dated May 13 and 27, 2021; and BCC Official Minutes dated April 27, 2021. (2021-2745)

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

Clerk & Comptroller’s “Received and Filed” Documents

  1. Executive Orders #2021-022, #2021-023, #2021-024, #2021-025 and #2021-026 extending the Declared Local State of Emergency for COVID-19.

  2. FPSC Orders #PSC-2021-0169-PCO-EI issued May 14, 2021 and #PSC-2021-0171-PAA-EI issued May 14, 2021.

  3. Letter dated May 20, 2021 from Meloney Koontz, Assistant County Manager, to Stephanie J. Ryan, Inspire of Central Florida, re: Loan payment waived due to completion of performance measures. cc: BCC and Clerk/Comptroller’s Office.

  4. First Amendment to Consulting and Management Agreement with Ernst Young, LLP.

  5. CDBG Program Rapid Rehousing Case Management Services Agreement with Embrace Families Solutions, Inc.; as approved by the BCC as part of the One-Year Action Plan (and the 2020-2024 Five-Year Consolidated Plan) on February 23, 2021.

  6. ESG Subrecipient Agreement for Program Year 2020-2021 with Seminole County Victims’ Rights Coalition, Inc.; as approved by the BCC as part of the One-Year Action Plan (and the 2020-2024 Five-Year Consolidated Plan) on February 23, 2021.

  7. Maintenance Bond #54-225976 (Water and Sewer Facilities) in the amount of $4,990.60 for the project Oviedo Commerce Center; Southern Development & Construction, Inc.

  8. Maintenance Bond #0238967 (Streets, Curbs, Storm Drains) in the amount of $140,926.28 for the project River Run Preserve; Pulte Homes Company, LLC.

  9. Conditional Utility Agreement (Potable, Reclaimed and Wastewater Services) with Crescent Acquisitions, LLC for the project Novel Parkway.

  10. Developer’s Commitment Agreement #20-20500036 for Red Ember Estates PD.

  11. Approval Development Orders #21-30000015, 430 Lake Ruth Drive, Chelsea Swearingen and Nancy Gilbert; #21-30000016, 3521 Main Street, Ronald, Marie and Chami Robinson; #21-30000017, 3096 Crystal Water Run, Michael and Eleni Cerullo; #21-30000018, 2090 Terrace Boulevard, Dov and Cindy Rosenberg; #21-30000019, 2153 Linden Road, Yesenia Acosta; #21-30000020, 2276 Northumbria Drive, Nicole Reale and Steven Pryor, #21-30000021, 497 Palm Springs Drive, Ralph Quick II; #21-30000023, 5427 N. Woodcrest Drive, Anthony Engelmeyer; #21-30000024, 8133 Lazy Bear Lane, Evan and Leigh Kaye; #21-30000026, 4769 Grassendale Terrace, Kevin and Hechmarette Sims; #21-30000028, 219 Lake Seminary Circle, Grace Hennessy; and #21-30000029, 2001 Apalachicola Lane, Susan Dolan.

  12. Parks Contracts as follows: Connie S. Hoover (Natural Lands); Allison Bell and James J. Peters (Parks and Recreation); and John Zerrip, Jordan Kazaka, and Allison Bell (Tennis Developmental Instructor).

  13. Amdmt #3 to W.O. #64 to PS-0009-15 w/Pegasus Engineering, Inc.

  14. Amdmt #1 to W.O. #72 to PS-0009-15 w/ATKINS North America, Inc.

  15. Amdmt #4 to W.O. #3 to PS-0121-15 w/Singhofen & Associates, Inc.

  16. Amdmt #3 to W.O. #5 to PS-0426-15 w/Horizon Engineering, Inc.

  17. Amdmt #10 to W.O. #2 to PS-0426-16 w/England-Thims & Miller, Inc.

  18. C.O. #1 to W.O. #29 to CC-0559-15 w/Southland Construction, Inc.

  19. Closeout to W.O. #34 to RFP-1294-17 w/Pat Lynch Construction, LLC.

  20. W.O. #36 to PS-1320-17 w/Wood Environmental & Infrastructure Solutions, Inc.

  21. W.O.s #37, #38, and #39 to PS-1320-17 w/Southern Surveying and Mapping Corp.

  22. Closeout to W.O. #8 to CC-1391-17 w/Schuller Contractors, Inc.

  23. W.O. #14 to CC-1391-17 w/Schuller Contractors, Inc.

  24. W.O. #20 to PS-1474-17 w/S2L, Inc.

  25. W.O. #18 to PS-1522-17 w/Ardaman & Associates, Inc.

  26. W.O. #19 to PS-1522-17 w/Tierra, Inc.

  27. W.O. #15 to PS-1709-18 w/Wood Environmental & Infrastructure Solutions, Inc.

  28. Eighth Amdmt to PS-1822-18 w/Jacobs Engineering Group, Inc.

  29. Amdmt #3 to W.O. #18 to PS-1822-18 w/Reiss Engineering, Inc.

  30. W.O. #35 to PS-1822-18 w/AECOM Technical Services, Inc.

  31. W.O. #37 to PS-1822-18 w/Carollo Engineers, Inc.

  32. W.O. #50 to PS-1832-18 w/CDM Smith, Inc.

  33. W.O. #7 to RFP-1932-18 w/GAI Consultants, Inc.

  34. Amdmt #1 to W.O. #19 to PS-1998-18 w/Environmental Consulting & Technology, Inc.

  35. W.O. #2 to PS-2266-19 w/HDR Engineering, Inc.

  36. Amdmt #5 to W.O. #5 to PS-2468-19 w/S&ME, Inc.

  37. Amdmt #5 to W.O. #6 to PS-2468-19 w/CPH, Inc.

  38. W.O. #10 to PS-2468-19 w/GAI Consultants, Inc.

  39. Closeout to CC-2522-19 w/Aptim Environmental & Infrastructure, LLC.

  40. W.O. #2 to PS-2552-19 w/Dewberry Engineers, Inc.

  41. Amdmt #1 to W.O. #2 to PS-2872-20 w/Ayres Associates, Inc.

  42. C.O. #6 to CC-3036-20 w/Advanced Commercial Contractors, Inc.

  43. C.O. #3 to CC-3181-20 w/Gomez Construction Co.

  44. Closeout to CC-3186-20 w/Yovaish Construction Service.

  45. W.O. #1 to PS-3214-20 w/HDR Engineering, Inc.

  46. RFQ-3320-20, Energy Efficiency and Sustainability Plan Development and Implementation Services Agreement w/Hanson Professional Services, Inc.; Ranking list approved by the BCC on March 9, 2021.

  47. C.O. #1 to CC-3283-20 w/Jr. Davis Construction Co.

  48. C.O. #1 to CC-3398-20 w/Construct Co., Inc.

  49. Amdmt #3 to W.O. #50 to PS-8186-13 w/Reiss Engineering, Inc.

  50. Amdmt #4 to W.O. #29 to PS-9738-14 w/E Sciences, Inc.

  51. Tenth Amdmt to PS-9742-14 w/Jacobs Engineering Group, Inc.

  52. Amdmt #2 to W.O. #9 to PS-9742-14 w/Jacobs Engineering Group, Inc.

  53. Fourth Amdmt to RFP-601670-13 w/Todd M. Husty, D.O., P.A.

  54. Fourth Amdmt to RFP-602999-17 w/Howroyd-Wright Employment Agency, Inc. d/b/a All’s Well Health Care Services.

  55. Third Amdmt to IFB-603158-18 w/WCA of Florida, LLC.

  56. Fourth Amdmt to IFB-603158-18 w/WCA of Florida, LLC.

  57. Fourth Amdmt to IFB-603176-18 w/Fausnight Stripe and Line, Inc.

  58. First Amdmt to RFP-603452-19 w/Howroyd-Wright Employment Agency, Inc. d/b/a AppleOne Employment Services.

  59. First Amdmt to RFP-603452-19 W/AUE Staffing, Inc.

  60. Second Amdmt to IFB-603612-19 w/Brightview Landscape Services, Inc.

  61. Second Amdmt to IFB-603725-20 w/Ten-8 Fire Equipment, Inc.

  62. SS-604141-21, Master Software Agrmt w/Benevate, Inc.; Neighborly Software.

  63. Bids as follows:

BID-604129-21 from Ring Power Corporation; Federal Contracts Corp; and

RFP-604087-21 from Contour Collective; Direct Access Consultancy, LLC; Disability Access Consultants, LLC; Precision Infrastructure Management CS, LLC; Skulski Consulting, LLC; The WT Group, LLC; and Tindale-Oliver & Associates, Inc. d/b/a Tindale Oliver.

REGULAR AGENDA

Agenda Item #18 – 2021-2758

Naming of a Seminole County Asset “Justice James E C Perry Annex Building”

Commissioner Zembower thanked the Board for allowing him to bring this item forward for consideration. He also thanked the Seminole County Bar Association who has been very active in this request.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve the proposal for naming Seminole County Asset the "Justice James E C Perry Annex Building" subject to a determination that requisite findings have been accomplished, and subject to Justice Perry consenting to attach his name to the facility.

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

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

Commissioner Zembower noted Justice Perry has been the only Supreme Court Justice to come from Seminole County.

Agenda Item #19 – 2021-2707

Wekiva Island Gallery Cero Special Event Permit; Mary Sue Weinaug

Mary Robinson, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. Ms. Robinson added the residents of the adjacent subdivision, Sweetwater Springs, have voiced opposition to the number of proposed guests. Additionally, the residents are also opposed to the amplified sound allowed by the Special Event Permit and are requesting that the Board keep the level of sound consistent with the standards set forth in the County’s noise ordinance. She pointed out County staff does not support the requested increase in visitor capacity, and staff has concerns regarding the increase in noise generated by additional guests. As an item of note, noise complaints were filed with the Sheriff’s Office during pervious special events in 2020 and again in 2021 during the Spring Fling and Paint Out special events.

Ms. Robinson advised staff is recommending the Board approve the Special Event Permit with a maximum of 395 guests. She noted the Applicant is present.

In regard to the noise complaints, Commissioner Zembower asked if the levels exceeded the County’s noise ordinance. Ms. Robinson answered it is her understanding that they did; but since they were granted the Special Event Permit that allowed amplified sound, there was nothing the Sheriff’s Office could do to enforce the ordinance. Commissioner Dallari asked if they had proof, and Ms. Robinson advised she only has the dates that the complaints were filed. County Manager Nicole Guillet stated the information on the noise levels would have been within custody of the Sheriff’s Office; County staff does not have that information. The information that Ms. Robinson just relayed was based on an email that the Board should have received, but she does not recall what the findings were with respect to the noise ordinance. She can get that information for the Board, but it is not something staff has in their offices. Commissioner Zembower noted it would be helpful to know if the decibel level went to the level in the noise ordinance.

At Commissioner Lockhart’s request, Ms. Guillet explained how Special Event Permits can allow for an exemption from the requirements of the noise ordinance.

Commissioner Dallari confirmed with Mr. Chipok that this property is allowed to have four Special Event Permits a year pursuant to the Wekiva Island Development Order. Commissioner Dallari stated that tells him that four times a year, the Board is willing to entertain them to go beyond what is allowed in their Development Order; and Mr. Chipok responded that is correct.

Chairman Constantine advised the recommendation from staff is to approve the Special Event Permit with the additional hours on Sunday and additional sound amplification, but keep the visitor capacity at 395.

Commissioner Dallari pointed out the third option for a recommended motion in the agenda backup states, “not to exceed 542 guests and employees.” He asked Ms. Robinson to talk about that option. Ms. Robinson stated it was an alternative that staff wanted to present as an option based on the number of parking spaces available. Ms. Guillet added staff is not recommending a deviation from the requested standards for noise from the Applicant. They are not suggesting the Board makes any revisions on that. Chairman Constantine asked for clarification. Ms. Guillet explained under the terms of the Special Event Permit as recommended by staff, they would have an exception to the requirements under the noise ordinance consistent with the proposed Development Order for the permit. If the Board was to approve the permit as proposed today, the Applicant would be able to exceed the noise ordinance standards. The Chairman confirmed with Ms. Robinson that the noise is directed towards the river, the opposite direction of Sweetwater Springs.

Bill and Mary Sue Weinaug, Applicants, addressed the Board and presented Wekiva Island’s Special Event Request (received and filed).

With regard to public participation, Chairman Constantine read Edmund Meason’s comment in support and noted the Board received several emails in support and in opposition; Jeff Stamer, John Thornton, Jill Uliano, and Barbara Thornton spoke in opposition; no one else spoke in support or opposition, and public input was closed. Public Comment Forms were received and filed.

Mr. Weinaug responded to some of the concerns from the public speakers and noted he would really like for there to be amplified sound for this event. Commissioner Dallari confirmed with Mr. Weinaug that there will not be any fireworks on his property. The Board had a few questions for the Applicants.

Commissioner Dallari confirmed with Mr. Chipok that there are no walk-ins allowed per the Development Order once the parking lot is full. Commissioner Zembower asked for an interpretation of capacity in the Development Order. Mr. Chipok explained the Development Order limits the occupation of the premises to 395; the Special Event Permit is a tool to deviate from the established regulations whether that is the standards contained specifically in the Development Order or other standards in the County’s Code in general. Commissioner Zembower confirmed with Mr. Chipok that that would include deviating from the times of operation, the noise ordinance, capacity, and all of the terms of the Development Order under the Special Event.

Commissioner Lockhart stated she would like to hear the rationale for why staff is not recommending exceeding the 395. Rebecca Hammock, Development Services Director, addressed the Board and advised since the Development Order was amended, they have been recommending the 395 consistent with the request of the Applicant; since then, they haven’t had any issues or complaints so staff feels like that is an appropriate number. Ms. Hammock added just to clarify the maximum capacity at Wekiva Island is not based on parking spaces, it is based on the buildings and the previous use of the property. Discussion ensued regarding the food truck at Wekiva Island.

Commissioner Dallari discussed capacity, parking spaces, and people per car. He advised he thinks they should be realistic when it comes to looking at how many people per car. Commissioner Herr noted her concern is for the lifestyle of the people that are the neighbors and traffic; and while the capacity may need to go up, she doesn’t think 750 is appropriate. Upon request, Ms. Robinson and Ms. Hammock discussed traffic management.

Chairman Constantine read written comments from Deanna Houston and Candace and Michael Niznik in opposition into the record. Public Comment Forms were received and filed.

Upon inquiry of Commissioner Dallari, Mr. Weinaug advised they have two deputy sheriffs on site during the weekends; and for this event, they have asked for two additional deputy sheriffs to do parking and road management.

Chairman Constantine provided a little bit of background regarding the Wekiva Island Development Order and the apprehension of the community. The Chairman stated he never thought in a special event that a capacity of 395 was the bottom line, and it should be on most occasions, and there is a little give and take, but not twice as much. He advised he is willing to give the additional hours on July 4th and agree to no walk-ins after the parking lot reaches capacity. The real point of contention is the capacity. The Chairman suggested, because it is a special event, they add 100 guests for a total capacity of 495.

Commissioner Lockhart stated she has a concern regarding amplification to the degree that they have heard other situations in the community where there aren’t just decibel-level issues, there are issues with bass; and you can’t direct bass. She asked if there was a way to put a limitation so that if a deputy does have to go out, and they can feel and see that the windows are rattling, that there could be an adjustment made at that point in time to allow that deputy to ask them to modify whatever is causing that. She is concerned that providing no restrictions could make for a very miserable weekend for the nearby residents. Ms. Guillet responded she thinks it is an excellent point, but she isn’t sure how to give the deputy guidance on how to measure something like that.

Commissioner Zembower stated the noise obviously is a concern. He can support the Chairman’s suggestion of approving the increase in capacity to 495, or even a flat 500 would be easier to track; either way is fine with him. He asked the Applicant if they could do some sound recordings, publish those recordings and make them available, and invite the neighbors to observe the sound numbers so everyone can understand where they’re at. Mr. Weinaug answered he could take sound measurements at the property, and he would try to find a consultant to do it. They could take measurements at the closest home as well, if the homeowner would allow it; and they could create a trend for the weekend which could go into the record if the Board wished to use for future reference.

Commissioner Dallari pointed out Mr. Weinaug mentioned in his presentation that he was going to provide a bass box for the drum, and Mr. Weinaug explained it’s a box that goes around the drum to stop the low “boom, boom, boom;” and then they mic it so they can control the volume of the bass coming from the drum. Commissioner Dallari asked if there are different levels of bass boxes that they can rent or install, and Mr. Weinaug answered he doesn’t know. Commissioner Dallari stated in regard to capacity, he doesn’t know if 495 is a decent number or 500; but he was looking at two people per vehicle, which is 542.

In regard to the sound measurements Commissioner Zembower requested from the Applicant, Commissioner Herr added she would like the sound measurements taken from the closest home in every direction.

Commissioner Lockhart expressed she is not as comfortable with going above the 395, but she is certainly more comfortable with 495 than she is 750. She thinks it is imperative to Commissioner Zembower’s point that they figure out once and for all what the sound issue is; and before she would make any motion to approve this item above the 395, she would want a commitment that that sound study and an agreement with the neighbors occur prior to this event.

Motion by Commissioner Lockhart to approve the Wekiva Island Gallery Cero Special Event Permit for July 2, 2021, through July 4, 2021, at a capacity of 495 individuals with an agreed upon sound decibel level measurement taken place prior to the start of the event; with all other staff considerations and recommendations in place except for the capacity, the sound study, a clicker for accurate capacity count, and four deputies present during the event.

Under discussion, Commissioner Zembower asked that the sound study be done by a certified sound expert who is properly trained; and Commissioner Lockhart agreed. Commissioner Herr stated the sound measure was prior to the event and a prior discussion was about sound measured during the event. She asked if Commissioner Lockhart is asking for one or both, and Commissioner Lockhart answered both. Commissioner Lockhart explained they keep having this situation and the permit applications do not come to them in enough advanced time before the event to really be able to dig into it. She’s concerned that if they give this permit without having the perimeters in place ahead of time, they’re going to be behind the dog wagging the tail again.

Commissioner Dallari stated they are a couple of weeks away from the 4th of July, and he doesn’t know how they’re going to bring an acoustical engineer in between today and the event to do all of that. He doesn’t see it. Commissioner Lockhart replied they don’t have to give the permit for the amplified sound. Commissioner Zembower suggested as part of Commissioner Lockhart’s motion she could entertain the sound study be done at noon, 5 p.m., 8 p.m., and 11 p.m. during the event. Commissioner Lockhart responded she is open to that, but she doesn’t know how reasonable it is.

Chairman Constantine pointed out as part of the Development Order, there is an agreement that there would be a liaison between Wekiva Island and the neighborhood; and he suggested they let them make that decision. He stated he thinks as far as noise levels go, he doesn’t know how they test it prior to the event because he doesn’t know if they have any amplified sounds, and they’re not supposed to, prior to this event. He asked Mr. Stamer if he would be willing to get with Ms. Weinaug to come up with an agreement regarding the sound issue; and Mr. Stamer expressed he would be willing to find a representative to do that.

Commissioner Lockhart restated her first motion with some changes:

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to approve the Wekiva Island Gallery Cero Special Event Permit for July 2, 2021, through July 4, 2021, at a capacity of 495 individuals; with a representative from the neighborhood and a representative from Wekiva Island meeting at prespecified times throughout the event at prespecified locations to listen to the sound and determine perhaps with one of the four deputies present whether or not the noise is reasonable; and the noise will be measured at those moments with the certified acoustic appropriate professional and used as a baseline for moving forward for any other special event permits; four deputies present; a clicker for capacity count; and a bass box.

Under discussion, Commissioner Dallari stated he believes he understands the motion; but to give anyone eight business days to get this accomplished is an unfair burden on that establishment. Commissioner Zembower stated he understands Commissioner Dallari’s concern; and if the Applicant needs recommendations for a certified sound engineer, they can reach out to his private office. He noted he is not against using the Sheriff’s deputies who are now trained in testing sound for the County’s ordinance; and he would have no problem supporting them being the person who is certified that goes out and meets with the individuals. Commissioner Dallari asked if they are putting an unfair burden on the Applicant. Mr. Chipok answered the nature of the sound measurement is not punitive in this particular situation, and they are not using it as a penalty against them. It is being used to gather information for future events and how they are going to react to sound amplification requests in the future. He would say if the Applicant is willing and concedes to the condition, the Board is on good grounds.

Chairman Constantine wanted to make sure everyone was clear on what was being approved. He advised they are not trying to change the Development Order, but they are looking at it for special events and finding a sweet spot for sound and capacity. They are asking the citizens and the Applicant to get together. He believes they all understand the perimeters of the motion and asked for any further discussion or questions. Seeing none, the Chairman called for a vote.

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

District 1 voted NAY.

Agenda Item #20 – 2021-2724

East Lake Mary Blvd. Small Area Study Update

David Nelson, Renaissance Planning, addressed the Board and advised this is an update on the project’s progress. They took the Board’s guidance, had a number of community surveys, met with people one-on-one, met with groups, held two community workshops; and now they are at the point where they’ve put together a pallet of preliminary recommendations. He is going to present the recommendations and then ask for the Board’s feedback and input to get them to the last step of the project, which will be finalizing the recommendations, holding the last community workshop, and then handing the report off to staff. Mr. Nelson presented the East Lake Mary Boulevard Small Area Study as shown in the agenda backup.

Commissioner Zembower stated he wants to make sure staff is getting the landscape and the gateway enhancement over to the consultant so they can incorporate it because that is going to be something they want to discuss with the property owners along that corridor with the FDOT grant monies that they’ve got and what they intend to do so they can come up with some kind of arrangement on how the HOAs and other commercial developers along there may want to participate in the maintenance schedule and so forth. Going back to the 80’s and 90’s, there was a whole community discussion about the Sanford JPA, and he would like to know what the plans will be to open that up again to make sure that all the property owners who already have certain entitlements in place how this may or may not impact their vested rights on those properties moving forward. It’s his expectation that those property owners will all be notified. They may have to open that JPA up completely for further discussion. Also, in the Midway area, he’d like to understand how they’ve been brought into this for discussion and so forth. Mr. Nelson noted he will be making recommendations in his report related to the JPA.

Commissioner Herr stated she thinks the presentation talked about quality of life, but the vision statement kind of missed that in terms of directly saying that that is the most significant concern, and she thinks it should be added. They look at things from ten years ago and go by memory as to what the intention was, and she’d like not to leave this to memory. Silver Lake residential should not be negatively impacted by the Silver Lake frontage. So the notion that you could live on one side of the lake in this very pristine setting, and the other side of the lake could be light/clean industrial doesn’t seem to have little or no impact; the reference to clean industrial was bothersome. There was a mention of suburban estates existing there and those are two opposite ends of the spectrum, and she’s not sure that that would work. The Silver Lake residential is not currently two units per acre. The suggestion is to move to two units per acre now with even more increased density later, and she thinks that’s inconsistent with the conversation around not negatively impacting that area. The local feedback that she’s getting about Marquette Avenue is that they want it shut down, so she can’t reconcile between what Mr. Nelson heard and the few residents that were there; but they need to push through that. She realizes there’s an issue with the Fire Department and with traffic; but as that airport grows, and people look for alternative ways to come out of an airport through a neighborhood, it’s going to have a significant impact. The presentation says that residents said they didn’t want it shut down, but that is not what her office is hearing. She finds this concept to be difficult to grasp and that is the notion that they would even consider putting multifamily in the airport area so close to the runways. She thinks they are opening themselves up to future complaints that they would absolutely not be able to address; and they are also opening the citizens up to signing a lease in a location that is untenantable in terms of living. With regard to the Crossroads commercial corridor, she has the same comment, but for a different reason; multifamily up against the environmental area seems inconsistent with the direction of the intent of the study. Commissioner Herr’s last comment for staff is that coordination with FDOT with regard to Ronald Reagan and Lake Mary Boulevard shouldn’t wait for this study to be done because that is an issue now.

In response to Commissioner Herr’s comments, Mr. Nelson stated multifamily north of SR 46 would be west of E. Lake Mary Boulevard so that should have been something they specified. He agrees with the Commissioner regarding the impacts of multifamily in that area, but they did recognize that HIPAP does allow multifamily. The JPA has this matrix that’s like one-half of one percent of the total area can be multifamily so it’s a very small percentage that would even be allowed. In terms of the light/industrial on the E. Lake Mary Boulevard frontage, what he heard from residents is they said they would rather have an industrial use there as opposed to small-lot residential. They said there is less impact and more regulation in that use than there is small-lot single family.

Commissioner Lockhart noted she would echo many of Commissioner Herr’s statements. She advised regarding Golden Lake, she would love to see some suggestions for what that could really look like because she personally thinks that could be one of the most difficult areas to plan. She is also a little concerned with the Richmond/Moores Station area because she doesn’t know what the specific feedback is from those residents.

Commissioner Dallari stated he liked the presentation. He thinks they need to have a slide that talks about the noise contours that the County established many years ago and noted they are in partnership with the Airport as well as Sanford. If they had that slide, it would clean up a lot of questions. In regard to Marquette and Silver Lake, he thinks that’s an issue. He hasn’t heard anyone say that that should be a through road especially because of the industrial that’s there. He has not yet been convinced by the presentation that it should be. It was also stated that with the HIPAP zoning, there’s a small percentage of multifamily; but if it’s that small, why are they going there. He thinks there’s more pain than what it’s worth. They also need to be talking about FARs and potential FARs because he thinks the FAA will have issues with the FAR, and he wants to make sure that they know what that maximum number is so they can all be on the same page. The issue with Ronald Reagan and Airport Boulevard is an important one. The Turnpike Authority is talking about widening the 417, and with that comes an opportunity of intersection improvements with the Turnpike; and he’s hoping they can convince them that the Airport Boulevard interchange should be addressed at that point. Once that is done, it will hopefully eliminate some of those issues with Ronald Reagan and Lake Mary Boulevard. He added even though the Turnpike is a state agency, it’s not D5; so Mr. Nelson may want to talk to staff about how that could work together.

Commissioner Lockhart asked what the feedback was from the City of Sanford, and Mr. Nelson answered there wasn’t a lot of feedback. Chairman Constantine asked if Mr. Nelson felt like he received a lot of feedback today, and Mr. Nelson answered yes. Mr. Nelson added this is what he needs to move forward with preliminary recommendations.

Chairman Constantine stated his observation is very similar to what Commissioner Herr indicated. He thinks they need to minimize the amount of residential near the airport.

Commissioner Dallari stated in regard to Silver Lake, he wants to make sure that whatever they’re doing, they’re helping that lake and not hurting it. From what he’s heard from residents, it’s not what it used to be; and he wants to make sure they get it back to where it used to be.

Ms. Hammock clarified that some of the areas do have existing future land use designations on them, and some of them do allow limited amount of residential uses. She believes the study was trying to recognize that but also show that they should very heavily restrict those. Part of the process is once they finalize the recommendations and collect feedback, then they can figure out what changes would need to be made to the JPA, to the future land use map, or text amendments to certain future land use designations based on those ultimate recommendations within the study if the Board accepts those. She believes that is what Commissioner Zembower was eluding to that there’s going to be the balance of whether or not they are taking entitlements away from landowners.

With regard to public participation, Susan McCaskill requested the future land use of the properties on the east side of Ohio become airport industry and commerce in keeping with the JPA and explained her request; no one else spoke regarding the East Lake Mary Boulevard small area study update, and public input was closed.

Chairman Constantine stated Mr. Nelson has heard a great deal today. There are some residents present and if they want to talk to Mr. Nelson as the meeting adjourns, they should feel free to do so. The Chairman thinks it’s important that Mr. Nelson hears the residents’ comments, and they need to get with him.

COUNTY INVESTMENT ADVISOR REPORT

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

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

Chairman Constantine asked Clerk Grant Maloy if he agreed with the presentation and recommendation, and Clerk Maloy advised he did. Commissioner Zembower asked, in reviewing the Board’s policy in light of what’s going on in the market right now, if there was anything the Board should be considering because he has some concern about the A rating versus changing or revising their policy to something that provides a little more flexibility. Mr. McIntyre advised they are allowed to invest in repurchase agreements. Within the repurchase agreement, in the policy, it says that they can invest in primary dealers and those repos have to be fully secured at 102% with treasury collateral behind them so they’re secured. But the policy also says that the primary dealers have to have an A rating. A lot of primary dealers don’t actually have that A rating, but it is fully secured. If he was going to make a recommendation for the future along those lines, he would recommend that that A rating, or any rating, be dropped for fully-secured investments. That will give them a little bit of latitude in the event that they do see a repurchase agreement with a primary dealer that makes some sense in the future. Beyond that, the policy could probably use some eyeballs and some discussion going forward; but if he was going to make one change, that would be it. Chairman Constantine advised Lorie Bailey Brown, Resource Management Director, is already looking into that, and she is going to bring a recommendation to the Board regarding that issue.

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

COUNTY ATTORNEY BRIEFING

No report.

COUNTY MANAGER AND STAFF BRIEFINGS

Ms. Guillet stated she was going to give the Board an update on the ILA. This morning she sent them an email, and she’s happy to give the report in the afternoon due to the time. There was a unanimous decision to hear the update during the afternoon session.

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Chairman Constantine stated he wants to provide at least an hour lunch break, so they will convene at 1:45 p.m.

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Chairman Constantine recessed the meeting at 12:32 p.m.; reconvening at 1:45 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Colon, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Zembower, seconded by Commissioner Dallari, 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 #21 - 2021-2313

Nuisance Abatement Declaration Request – 2330 Church St, Sanford

Continued from the November 10, 2020, BCC Meeting

Liz Parkhurst, Building Division, addressed the Board to present the request as outlined in the agenda memorandum.

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

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt appropriate Resolution #2021-R-98 issuing an Order to: declare the existence of a Public Nuisance at 2330 Church Street, Sanford; require corrective action by July 22, 2021; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owner.

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

PUBLIC HEARINGS - LEGISLATIVE

Agenda Item #22 – 2021-0017

Mobility Fees Land Development Code Amendment

Continued from the May 11, 2021, BCC Meeting

Bill Wharton, Public Works, presented the request as outlined in the agenda memorandum.

Bill Oliver, W.E. Oliver P.E., LLC, presented and reviewed a PowerPoint entitled Mobility Fee Land Development Code Amendment (received and filed). Mr. Oliver stated the most striking change other than the magnitude of the fee itself is redefining or establishing different district structures. The current transportation plan identifies a future enhanced transit corridor for the area between I-4 and U.S. 17-92. It's the corridor where the SunRail line runs, and there are commitments and plans to expand public transportation service within that district. Higher density land uses exist in that area, and there's also an intent to let traffic roadway conditions become more congested, thus fees in that district are the lowest. On the eastern extreme of the county is the rural district. In that area, trip lengths are the longest. The quality of service that is intended for that district is high because trip lengths are long. You want to be able to get to where you're going in a reasonable amount of time. And it's in that fee district where the fees are the highest. In the suburban districts in between and on the western edge of the county, the fee rates are in between the core district and the rural district fee.

Mr. Oliver added there is also a variety of technical parameters that go into the fee calculation that are being changed. The most significant is trip length. The current road impact fee does not incorporate trip length into the calculation at all. Some land uses have very short trip lengths, and other land uses have very long trip lengths. Inclusion of trip length is a variable that is common to many, if not all, of the mobility fees that are in effect now in Florida. The unit cost of providing infrastructure has increased since 1990 quite significantly.

Commissioner Dallari requested clarification on trip length between core and suburban. Mr. Oliver explained Table 3 of the draft report illustrates the difference between the rural district, the suburban district, and the core district. The core district has substantially higher density of development than the suburban and rural districts, be that in the number of trip ends per square mile or population per square mile or employment per square mile. The higher densities basically mean you can find what you're looking for within a shorter distance. They took 15 different traffic analysis zones, spread them out, scattered them through the model in different areas, and loaded each of those zones with 200 single-family homes and traced their trips throughout the network. They looked at the five zones labeled S1, S2, S3, S4, and S5 for the average trip length. They did the same thing for the zones in the core district. By comparing those trip lengths, the model supported the indications of that density data. Trip lengths were shorter in the core district than they were in the suburban district. This was based on the 2040 Transportation Plan, so it would reflect the 2040 conditions and not necessarily today's conditions. Commissioner Dallari inquired what data they are using. Mr. Oliver responded this data is the application of the transportation planning model that was used to develop the adopted 2040 Transportation Plan. The population numbers are from this fall. The other is data that supports the 2040 transportation plan model. That work was undertaken in 2017. The trip length data is a compilation of actual field studies. Discussion ensued regarding the 2040 Transportation Plan data. Commissioner Herr inquired what data the current fees are based on. Mr. Oliver responded he had the work that was done for the 1990 fee, the technical report. It was a model probably validated in 1980 to 1985.

Commissioner Lockhart requested Mr. Chipok explain what they are required to base the fees on, what data they have that is accessible that they are required to base them on. Mr. Chipok stated Statute 163.31801 states they are supposed to ensure that the calculation of the impact fee is based on the most recent and localized data. Their interpretation of that is the most recent and validated and vetted data from the adopted studies that they have taken. There is always new data coming down every day, but they vetted certain data and relied on it and incorporated it into studies and assumptions that they have made. Commissioner Lockhart confirmed with Mr. Chipok it is his opinion the data they are using qualifies under the statutes.

With regard to public participation, Kokwan Mah, VHB Senior Transportation Engineer on behalf of the City of Oviedo, reported the City is comfortable with all the BCC responses to the City's letter dated May 13, 2021. Lee Steinhauer, Apartment Association of Greater Orlando, spoke in support of all impact fee hearings being held today. The following spoke in support of Items #22, 23, 24, 25, and 26: Joe Humphreys, Wafa Esposito, David Bear, Natalia Rodriguez, Katrina Shadix, Nancy Harmon (waived speaking), Cindy Haller, and George Sellery. Deborah Poulalion spoke in support of this item via CMT Technology. Grey Wilson advised he was in support of this item and inquired what the time frame for the mobility fee is in a redevelopment. For example, if you take down your structure, is there a set period of time you have to get the same structure back up. Mr. Chipok explained if you can establish that the structure was there, then you will get the credit for the preexisting structure and just pay the upcharge for any additional square footage if you are going from one category to another or changing use. Mr. Wilson inquired if there was a time limit to do that. Mr. Chipok responded applying the noncomforming use standards, that would be 180 days. Those come in on a case-by-case basis and they have looked at historical data as well to establish that a structure had previously been there through empirical evidence such as electric bills. Mr. Wilson inquired if the County collects impact fees for the state roads and then disburses them to the State. Mr. Chipok responded the state roads are not included. It is primarily the county road system that is being applied. Mr. Wilson inquired where the revenue shortfall comes from currently. Mr. Chipok explained the impact fees are collected and applied towards the road system. The future impact fees will be collected and applied towards the road program from the 2040 Transportation Plan. The impact fees are only a portion of the overall financing system. That information is contained in the study report. William Wells spoke in support of this item.

No one else spoke in support or opposition, and public input was closed.

Public Comment Forms received and filed.

Mr. Wharton advised the Planning and Zoning Commission met on June 2, 2021 and found the overall mobility program to be consistent with the County's Comprehensive Plan, but they did not approve of the mobility rates themselves. They believed the issues raised by the City of Oviedo in their May 13, 2021, letter to the BCC and the issues in the letter provided by Attorney Jonathan Huels from Lowndes should be addressed by the County prior to staff approval of the ordinance.

The Chairman stated the Planning and Zoning Commission, sitting as the Local Planning Agency, made a finding that the mobility fee ordinance is consistent with the Seminole County Comprehensive Plan. He called for a motion to accept the Local Planning Agency's finding of consistency of the mobility fee ordinance with the Comprehensive Plan.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to accept the Planning and Zoning Commission's finding, as the Local Planning Agency, of consistency of the Mobility Fee Ordinance with the Seminole County Comprehensive Plan.

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

Mr. Wharton stated he had provided another memo that adds the staff recommendation with all the cites for the different changes to the ordinance itself.

Commissioner Herr requested clarification from the June 18, 2021, memo regarding the notion of shifting funds from one area to another. There is language that says "will prepare a study in support." She inquired if that is a formal or staff study. Mr. Wharton responded it is a staff study. That was a revision that was done in an attempt to resolve one of the issues that was raised by an objector. It is a formal justification for the use of funds in another district. The ordinance already contemplated and permitted that. This just requires some sort of formal justification for that now.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt Ordinance #2021-26 amending the Land Development Code, Chapter 120 (Road Impact Fee), of the Seminole County Land Development Code to revise and refine the regulations to replace Road Impact Fees with Mobility Fees and to include the alternative language proposed for Sections 120.3(i), 120.13(a)(3), and 120.14(c), and the correction to Section 120.13(a)(4)(B); and require a progress report from staff annually; as described in the proof of publication.

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

Agenda Item #23 – 2021-0030

Fire and Rescue Impact Fee Ordinance

Continued from the May 11, 2021, BCC Meeting

Rebecca Hammock, Development Services, presented the request as outlined in the agenda memorandum. Nilgun Kamp, Tindale Oliver, presented and reviewed a PowerPoint entitled Fire Rescue Impact Fee Update Study (received and filed).

With regard to public participation the following were in support but waived speaking: George Sellery, Cindy Haller, Nancy Harmon, Katrina Shadix, Natalia Rodriguez, David Bear, Wafa Esposito, and Joseph Humphreys.

No one else spoke in support or opposition, and public input was closed.

Commissioner Dallari requested it be noted for the record why these impact fees do not address dispatch. Fire Chief Otto Drozd explained when they were looking at the impact fees, it was restricted to those things that were funded through the Fire Fund and through those other funds that were being used at the time. That is not to say that the communications portion is not an eligible portion. What they would have to do going forward is apportion it to everybody that is using it. Generally, the 911 infrastructure is under a general government impact fee. If they wanted to put it into the fire impact fee and the libraries, they would have to apportion a portion to the sheriff, a portion to fire for all of the users, and then they would be able to take the capital investment they have put into that infrastructure and use it in the revision of the impact fees going forward. Commissioner Dallari inquired how they would move forward if they don't want to apportion it. Chief Drozd responded if they wanted to do it as one fee by itself, that could be done. But when looking at the infrastructure over the many years, it is worth about $30 million and the fee would be relatively small. If they were to add it to the other impact fees, then it would be counted as part of the capital investment and the other fees. It can be done either way. Commissioner Dallari asked what is the most appropriate way to address dispatch and the timing for that. Chief Drozd responded they could do it before the four years unless they were to do a study for that particular segment of infrastructure.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to accept the Planning and Zoning Commission's finding, as the Local Planning Agency, of consistency of the Fire and Rescue Impact Fee Ordinance with the Seminole County Comprehensive Plan.

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

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt Ordinance #2021-27 amending the Seminole County Land Development Code, Chapter 110, to revise and update the Fire and Rescue Impact Fee provisions; and to revise and update the Fire and Rescue Impact Fee rates; as described in the proof of publication.

Commissioner Zembower suggested a friendly amendment of requiring a progress report from staff annually. Commissioner Herr agreed to the amendment.

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

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Chairman Constantine recessed the meeting at 3:43 p.m., reconvening at 3:55 p.m.

Agenda Item #24 – 2021-0031

Library Impact Fee Ordinance

Continued from the May 11, 2021, BCC Meeting

Ms. Hammock presented the request as outlined in the agenda memorandum. Ms. Kamp presented and reviewed a PowerPoint entitled Library Impact Fee Update Study (received and filed).

With regard to public participation the following were in support but waived speaking: Katrina Shadix and Wafa Esposito.

No one else spoke in support or opposition, and public input was closed.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to accept the Planning and Zoning Commission's finding, as the Local Planning Agency, of consistency of the Library Impact Fee Ordinance with the Seminole County Comprehensive Plan.

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

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt Ordinance #2021-28 amending the Seminole County Land Development Code, Chapter 115, to revise and update the Library Impact Fee provisions; revise and update the Library Impact Fee rates; and require a progress report from staff annually; as described in the proof of publication.

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

Agenda Item #25 – 2021-0032

Water and Wastewater Capacity Fee Resolution

Continued from the May 11, 2021, BCC Meeting

Ms. Hammock presented the request as outlined in the agenda memorandum. Bryan Mantz, GovRates, Inc., presented and reviewed a PowerPoint entitled Water and Wastewater Capacity Fee Review (received and filed).

With regard to public participation the following were in support but waived speaking: Joseph Humphreys, Katrina Shadix, and Wafa Esposito.

No one else spoke in support or opposition, and public input was closed.

Commissioner Dallari confirmed with Terry McCue, Ph.D., Environmental Services Director, that the connection fees only apply to utility customers in unincorporated Seminole County.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt appropriate Resolution #2021-R-99 amending Section 20.45 of the Seminole County Administrative Code to revise and update the water and wastewater connection fees; and require a progress report from staff annually; as described in the proof of publication.

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

NON-PUBLIC HEARING ITEMS

Agenda Item #26 – 2020-2428

Mobility Fee Citizens’ Advisory Committee Resolution

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

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to adopt appropriate Resolution #2021-R-100 amending the Seminole County Administrative Code to revise Section 4.40, Road Impact Fee Citizens’ Advisory Committee.

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

Agenda Item #27 – 2020-2427

Impact Fee Vested Rights Process Resolution

Mr. Chipok advised the vested rights provisions are applicable to the Mobility Fee Ordinance, the Library Fee Ordinance, and the Fire and Rescue Ordinance for the impact fees. There is a schedule on page 994 of the agenda memorandum. With the adoption today, the new rates will go into effect on June 29, 2021. Under case law, they have the ability to raise the impact fees as they see fit and when they see fit in accordance with state statute. There is no right of an individual to contest that, and they have to pay the impact fees in effect at the time of their building permit. However, there is also case law that says an existing contract cannot be impaired with new legislation. In recognition of that, the vested rights provide that if there is a contract in place as of today that that person has a right to file for a vested rights determination so the that existing contract will not be impaired. According to the schedule of important dates, they would have to apply by September 13th and the permit would have to be issued by September 27th. They also have a right to appeal if it is denied. The resolution says that it is coordinated at the staff level from the Development Services Director with review by the County Attorney's Office to issue the vesting certificate with a right to appeal to the Board if they are denied.

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

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt appropriate Resolution #2021-R-101 amending the Seminole County Administrative Code to create Section 30, Economic and Community Development Services, and create Section 20, Fee Resolutions.

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

Agenda Item #28 – 2020-2432

Time of Payment of Certain Impact Fees Resolution

Ms. Hammock presented the request as outlined in the agenda memorandum.

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

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt appropriate Resolution #2021-R-102 amending Resolution #2018-R-45 regarding time of payment for certain impact fees.

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

COUNTY MANAGER’S REPORT

Ms. Guillet provided an update on the school concurrency interlocal agreement. Last week, she sent the Commissioners the most recent proposed revised language for the agreement. That language was developed in collaboration with Dr. Walt Griffin, Seminole County Public Schools Superintendent. It revises two or three sections of the proposed agreement and mostly deals with circumstances under which the agreement can be changed and different sections of the agreement can be changed. That language was shared with all of the city managers last week, and they voiced no objections to the proposed language. It still has to be run through all of the city boards. She advised today she is looking for direction as to whether the Board would like it scheduled to come back before them. The School Board has made the revisions to the agreement so there is a document that is ready to go whenever this Board is prepared to consider it again. There was consensus to move it forward. Ms. Guillet advised staff will put it on the next regular meeting agenda.

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Ms. Guillet advised they will start the process to demo the building at 3500 Sanford Avenue, which is the old Boys Town building. It is the site they have been working with the City of Sanford to do a site plan to build six or seven single-family, affordable-housing units. They normally wouldn't demolish an asset before they had the plan fully approved, but they are starting to have difficulty with squatters and it's become a nuisance so they need to get it taken down quickly.

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Commissioner Dallari requested the County Manager at some point look at dispatch to see if an impact fee would be an appropriate thing to do there and bring it back at the appropriate time. Ms. Guillet responded staff will give the Board some more information on that and then the Board can give direction.

COUNTY ATTORNEY’S REPORT

No Report.

FUTURE AGENDA ITEMS

Public Comment on Items Not Related to the Agenda

Katrina Shadix, Bear Warriors United, thanked the Board for the Earth Day Proclamation. She spoke regarding a possible partnership with the County on the Bear Strap Program for trashcans. She also spoke in opposition to cutting down trees in the Black Bear Wilderness area for a parking lot.

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Joseph Humphreys spoke about Preservation Lands.

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Gabrielle Milch advised St. Johns Riverkeeper and 1000 Friends of Florida are having a series of three workshops on 2070 Smart Growth, and she will send the Commissioners invitations. She also thanked them for their support of the Little Wekiva River Restoration Project.

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Wafa Esposito spoke regarding the Lake Monroe Basin Study and the Orange Boulevard Project citizen notifications.

DISTRICT REPORTS

District 5

Commissioner Herr reported she and some members will be meeting this Friday with the Midway Coalition to talk about their master plan.

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With regard to the Port Authority Board, it has come to her attention that through their budgeting process there is a return of funds to the BCC every year. She has spoken with the County Manager about this. The Port Authority is digging into their reserves in order to return the funds. Their reserves are built up in order to build additional buildings that would generate revenue into perpetuity. If they keep dipping into their reserves for short-term spending needs, it's not necessarily the most fiscally responsible approach. They have talked about ARPA funds and whether or not there would be a better way to consider doing this which may include not taking the funds from them, let them build the building, and then take funds in the future. The projected amount in the budget is $400,000. She noted that board did not ask for this; she is coming proactively with this idea.

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The Commissioner reported Rescue Outreach Mission has the latest funding agreement and staff has looked at it. This funding agreement was done much differently than the last funding agreement in that it was brought to their board, it was discussed, consultants weighed in, feedback was given, staff took it and took another turn of it, it came back again, so they are getting very close to a funding agreement. However, they do realize because the board is in a much different position now that it has been in the past in terms of being well-informed about what it takes to run this organization, that funding agreement is a short-term solution and the long-term solution is to stand this organization up. The Commissioner stated she has asked for funds from ARPA for this. They have submitted a budget, and they would like some assurances from the BCC before signing that funding agreement or concurrent with signing that funding agreement that they are considering that. The total ask is around $3 million.

Commissioner Zembower stated he thinks they need to have a candid conversation of whether the Board wants to take ROM over and own and run the homeless shelter or fund it appropriately enough to actually make it succeed and stand on its own. Discussion ensued.

Ms. Guillet clarified there are two different things. There is a funding agreement on the table that's been in the works for a couple of months now that started pre-ARPA, which they are working on. The bigger ask is, is this Board prepared to invest a significant amount of the ARPA dollars into the mission. From a staff standpoint, she does not want to take over the homeless shelter. It's a Board decision, but it is her opinion as the county manager that it would be better to keep that as a private entity as opposed to a county agency. How they get there is what they have been working on, and Commissioner Herr has already taken the lead on that. The question is should they continue to work towards a solution that involves somewhere in the neighborhood of $3 million of the ARPA money.

Chairman Constantine stated he would be amenable to looking at that but under conditions there are progress reports and it is disbursed not in a lump sum but over a period of time.

Commissioner Lockhart stated the ARPA funds are a very reasonable resource for them. She would like to make the argument that every one of the seven cities, the college, and the school board should all participate in whatever this funding agreement might look like because the reality is there are homeless people perhaps that will be coming from every single one of the seven cities. The college and the school district all have a vested interest in making sure that their students and families are being taken care of. Ms. Guillet advised she had a meeting with the city managers yesterday and did throw that on the table with them. She doesn't know what level of participation, but she thinks there is a mindfulness to somehow participate in that with some of their ARPA dollars as well. She has not included Seminole State or the School Board yet.

Commissioner Dallari stated he would want to have more dialogue. He thinks it needs to be scheduled and it's important to bring in the seven cities.

Commissioner Zembower stated he is willing to have a conversation on how to get it stood up, have the community involved, all the things everybody has indicated, and to have a proposal come forward.

Commissioner Herr summarized what she has heard is that she will bring back to the ROM board that there seems to be consensus around the notion that the County does not want to take over the shelter, that they are open to looking at future funding to actually get it stood up, and then there will be accountability associated with the funding in terms of time check-ins, and the money will not be delivered all at once. No objections were voiced.

District 1

No report.

District 2

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to reappoint Jim Hunter to the Agriculture Advisory Board for a two-year term starting 2021.

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

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Commissioner Zembower advised MetroPlan Orlando has made an amendment to the FY 2020/21-2024/25 Urban Area Transportation Improvement Program that affects Seminole County. Seminole County projects are going to be Sunset Drive Livable Streets from Oxford Road to Button Road and resurfacing SR 46 from east of Upsala Road to French Avenue.

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The Commissioner requested support to hold a Florida friendly landscaping work session. No objections were voiced to having a work session as part of the Land Development Code.

District 4

No report.

District 3/CHAIRMAN’S REPORT

Chairman Constantine reported on meetings and events he has attended.

COMMUNICATIONS AND/OR REPORTS

There were no Communications and/or Reports received and filed.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:09 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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