[0:01] Good morning, everyone. Let me welcome all of you to the Orange County Board of County Commission meeting. I've made the 21st, 2024. As we began this morning, we're going to have a guest come before us to do the invocation. I'm going to ask Ms. Susie, but shelly from District One Commission office of Commission of Wilson, who will be coming forward to introduce our guests who will bring the invocation.

[0:30] Following the invocation, I will lead us in the pledge of allegiance and following the pledge.

[0:36] Our communications directed Dr. Jeffrey Williamson were re-proclamations, recognizing

[0:43] Florida, Water, Reduce Week, and Building Safety Month, and Public Works Week is well all here

[0:51] within Orange County, and with that, I'm going to ask Ms. Pachelli to come for you recognize

[0:57] as it is time to introduce a invocator.

[1:02] Good morning, everybody.

[1:03] Hi.

[1:05] OK, on behalf of Commissioner Nicole Wilson,

[1:08] who, unfortunately, cannot be here today,

[1:10] due to a family emergency,

[1:12] it is my honor to introduce someone truly special

[1:16] who will be leading us in the invocation this morning.

[1:20] Rabbi Melissa Cresby is the guiding light

[1:23] of the Southwest Orlando Jewish congregation

[1:26] located in a pop-gov island road.

[1:29] Rabbi Crestby brings the wealth of experience

[1:32] having served congregations in New York,

[1:35] Ohio, and California.

[1:38] She's not only a dedicated rabbi, but also a certified chaplain

[1:42] who spent seven years providing compassionate care

[1:45] and hospitals in Columbus, Ohio,

[1:49] working alongside her Christian and Buddhist colleagues.

[1:53] She was ordained in 1991.

[1:55] from the Jewish Theological Seminary of America in New York.

[2:00] And just the second class that emitted women

[2:03] paving the way for future generations.

[2:06] Thank you.

[2:07] She's almost fluent in French and in Hebrew

[2:10] and knows a bit of Spanish.

[2:13] But beyond all her accomplishments,

[2:16] Rabbi Cresby is a devoted wife

[2:18] to Larry Kaufman, a proud mom

[2:21] to Avie, Bella, and Natanya, and an even proud or grandmother to Lena.

[2:28] We all understand that, grandmothers.

[2:31] The mission of the Southwest Orlando Jewish Congregation is to build community, strengthen

[2:37] family life, and promote Jewish values.

[2:41] They are proud of their diverse local community, and welcome people of all faiths and backgrounds.

[2:46] So without further ado, I will turn it over to Rabbi Melissa Cresby.

[2:52] Rabbi Cresby.

[2:54] Thank you for being here with us today.

[2:56] It's an honor.

[2:57] It's an honor.

[3:06] Good morning.

[3:08] Buenos dias, Boquersov, Bourgeois, to all of you.

[3:14] And a special greeting to our lawmakers today, Mayor Demings, Orange County Commissioner

[3:19] for District 1, Nicole Wilson, with prayers for her family, and all the other Orange County

[3:27] Commissioners.

[3:29] Proclaim Liberty throughout all the land onto all the inhabitants thereof.

[3:36] That 10th verse of Leviticus 25 was inscribed on the bell, we now call the Liberty Bell

[3:46] in Philadelphia. And it is found in the Torah reading that Jewish people all over the world will read

[3:55] this coming Saturday, the Jewish Sabbath. Its context is the Jubilee and observance due to

[4:03] occur every 50 years when all indentured servants would be freed. All land returned to its original

[4:11] owners and the land not worked but returned to God's ownership.

[4:20] In the context of this discussion

[4:23] of the Jubilee, the Torah exhorts us not once but twice not to wrong each other. Understanding

[4:34] that the temptation would be high to cheat in the transaction of land sales. The later

[4:42] rabbinic tradition expands the verses to include all commercial transactions and also

[4:51] wronging a person with harmful words such as reminding a person of their former

[5:00] Our misdeeds after they have repented and paid for their crime. I've looked at the agenda for this

[5:09] body's deliberations today, and it is full of reviewing and approving commercial bids and transactions.

[5:18] I have no doubt that you will all bear in mind the Leviticus 25th exhortations not to wrong

[5:27] one another in financial transactions.

[5:31] It's what the people of Orange County elected you to do to make sure that what their government

[5:38] does is legal and responsible.

[5:42] But I'd also like you to take into account the wrong doing that can be done with our words.

[5:52] There's a Jewish parable of a man who went through his community slandering the Rabbi.

[6:00] One day, feeling remorseful, he begged the Rabbi for forgiveness and said he was willing to do penance.

[6:09] The rabbi told him to take several feather pillows, cut them open, and scatter the feathers to the winds.

[6:24] The man did so, but when he returned to tell the rabbi that he had fulfilled his request, he was told,

[6:34] Now, go and gather all the feathers.

[6:41] The man protested, but that is impossible.

[6:46] Of course, it is said, the Rabbi.

[6:48] And though you may sincerely regret the evil you have done,

[6:53] and truly desire to correct it,

[6:56] it is as impossible to repair the damage done by your words,

[7:02] as it will be to recover the feathers.

[7:08] The things we say about people can ruin them.

[7:14] Often the right thing to do is not speak about others at all.

[7:22] This is a principle I will say that is not always easy for me,

[7:28] and I would imagine not always easy for all of you.

[7:32] but we need to pursue it, and now a prayer.

[7:40] Habore Harachamun, compassionate creator.

[7:46] We ask your blessings for the Mayor, the Commissioners of Orange County, and all who work with them.

[7:55] May they use the eyes, ears, and minds you have given them to remember the blessings,

[8:02] because both personal and political that they enjoy and to work each and every day to make

[8:13] it possible for every individual they represent to receive those blessings, especially those

[8:23] who are hungry, homeless, and suffering.

[8:29] Justice shall you pursue.

[8:33] We learn from the book of Deuteronomy.

[8:37] May they and we always have this teaching in their minds and hearts, amen.

[8:49] John, may I have a pledge?

[8:52] I pledge allegiance to the flag of the United States of America, and to the Republic for which stands one nation of God in the digital with liberty and justice for all.

[10:09] Thank you very much, Rabbi. Thank you, Mayor. As the Mayor said, we do have three proclamations this morning. And the first one is for water reuse week. Water reuse week is our first proclamation. And the proclamation reads, whereas safe clean and sustainable water resources are essential to Orange County's environment, economy, residents, and visitors. And whereas water reuse provides a means for conserving and augmenting Orange County's precious water resources.

[10:39] And where I explore it, I have established the encouragement and promotion of water reuse,

[10:44] a state objectives in Chapter 373, and four or three floor to statutes.

[10:49] And where I explore it, I have risen to be a national leader in water reuse,

[10:54] reusing nearly 900 million gallons of reclaimed water per day,

[11:00] more than 50% of the wastewater which is treated to conserve freshwater supplies,

[11:04] and recharge our freshwater resources.

[11:06] And we're as wait reuse Florida is a partner in the one water Florida initiative to educate the public and stakeholders on reuse as a safe future water supply and we're as may typically a dry month when water demands are high is a good time to educate residents about how they can help save our precious water resources through water reuse.

[11:30] Now, therefore, Jerry O'Gimmings, by the authority vested in him as Orange County Mayor, does

[11:35] hear by proclaim the week of May 19 through 25, 2024, as Florida Water Reuse Week in

[11:42] Orange County, Florida, and encourage residents and businesses to help protect our precious

[11:47] resource by practicing water conservation and to use reclaim water in an efficient and effective

[11:53] means.

[11:54] And then, in order this 21st day of May 2024, signed by the mayor and all six members of the Board of County Commissioners.

[12:01] Receiving the proclamation is Carrie Cates, Carrie is a deputy director of the Orange County Utilities Department, Carrie.

[12:15] Good morning, Mayor, commissioners, County Administrator, staff, and everyone gathered here this morning.

[12:22] As was mentioned, I am a deputy director for Orange County Utilities, but I also happen to be the incoming president for the Florida section of the Water Resources Association.

[12:31] So I am very honored to be here this morning to receive this

[12:35] proclamation.

[12:38] Florida is recognized as a national leader in water reuse,

[12:42] and the recycling of water is an integral part of wastewater

[12:44] management, water resource management, and ecosystem

[12:48] management within the state.

[12:51] In Orange County, an average of 60 million gallons per day

[12:55] of domestic wastewater flows into our reclamation facilities.

[13:00] After receiving high-level treatment and disinfection,

[13:03] water is converted into reclaimed water, where it is then available to be safely reused in a beneficial manner.

[13:11] And I am very proud to report that Orange County proactively and responsibly utilizes 100

[13:21] such as irrigation, aquifer recharge, power generation, and for discharges that provide environmental benefit such as rehydrating wetlands.

[13:32] Reusing water helps to conserve Florida's fresh water resources and facilitates the protection of our vibrant ecosystems.

[13:41] As we prepare for the future, water reuse will continue to play a vital role in the water supply planning process.

[13:48] Again, I'm very grateful for this opportunity to recognize the importance of reuse as a critical resource for both Orange County and this entire state of Florida

[13:57] as we work to ensure a safe and sustainable water supply for all. Thank

[14:30] you.

[15:01] All right, thank you, Kerry. Thank you, Mayor. Our next proclamation is for building safety month. Building safety month in the proclamation reads, whereas Orange County government's continuing efforts to address critical issues of building safety and sustainability in the developmental environment that affects our residents, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound.

[15:27] And whereas building safety must recognize the building safety and fire prevention officials,

[15:34] architects, engineers, builders, tradespeople, design professionals, laborers, plumbers,

[15:39] and others in the construction industry who work year-round to ensure the safe construction

[15:44] of buildings. And whereas Orange County staff are dedicated members of the International Cold

[15:50] Council in nonprofit that brings together local state territorial tribal and federal officials

[15:56] who are experts in the built environment to create and implement the highest quality codes

[16:01] to protect us in the buildings where we live, learn, work, and play.

[16:06] And whereas the building safety month theme is, it starts with you, encourages all residents

[16:11] to raise awareness about building safety, the importance of modern building codes, and strong

[16:16] code enforcement.

[16:18] And whereas in observance of building safety month, residents are asked to consider projects

[16:22] at improved building safety, and sustainability at home, and in the community, and to

[16:27] acknowledge the essential services provided by the local and state building departments,

[16:32] fire prevention, bureaus, and federal agencies in protecting lives and property.

[16:38] Now, therefore, gerial dimings by the authority vested in him as Orange County mayor.

[16:42] This year, by proclaiming the month of May, 2024, as building safety month in Orange County,

[16:47] Florida, done in order this 21st day of May, 2024, signed by the mayor and all six members

[16:52] of the Board of County Commissioners receiving the Proclamation is Tom Allen, once County

[16:57] Building Official Tom.

[17:06] Good morning.

[17:07] I'm honored to stand before you today, accepting this proclamation for cloning the month

[17:12] of May as Building Safety Month.

[17:14] This formal recognition is not just a testament to our efforts, but also a celebration of

[17:20] the dedication of Orange County Government towards ensuring the safety and integrity

[17:25] of the built environment.

[17:26] The Florida Building Code stands as a beacon of safety, guiding every aspect of construction

[17:32] within our county.

[17:34] It's more than a set of regulations.

[17:36] It's a commitment to protecting the life safety, health, and welfare of our residents,

[17:41] property owners, and visitors.

[17:43] None of this would be possible without the unwavering support for Mayor Deming and the Board

[17:48] of County Commissioners.

[17:50] Your vision, leadership, and unwavering commitment to the welfare of our community have

[17:56] instrumental in shaping the division of building safety into what it is today.

[18:03] Thank you again for this honor.

[18:04] May we continue to work hand-in-hand towards a safer, stronger, or in county for generations

[18:10] to come.

[18:42] You're going to have to squeeze in everybody, squeeze in everyone.

[19:08] Tighten up. Tighten up. Tighten up.

[19:12] All right.

[19:26] All right. Congratulations.

[19:54] All right, thank you Tom and thank you team.

[20:00] Our final proclamation this morning is for public works week. Public works week. In the proclamation reads,

[20:11] whereas the American public works association has selected advancing quality of life for all as it's

[20:17] theme for the 2024 National Public Works week. And encourages its members to use this week to educate residents about the significant contributions of public works officials,

[20:27] and professionals who stand ready to respond during natural disasters and trials in the field.

[20:33] And whereas public work services provided in Orange County are an integral part of our residents every day lives.

[20:39] And we're asked to support and understanding of informed residents is vital to the efficient operation of public work systems and programs,

[20:47] ensuring the health, safety and comfort of our community.

[20:50] And we're asked the quality and efficacy of public works activities as well as planning, design, and construction are vitally dependent upon the efforts and skills of public works officials.

[21:02] And we're asked the productivity and morale of qualified and dedicated personnel who work in the public works profession are influenced by the communities attitudes and understanding of the importance of the work they perform.

[21:14] Now, therefore, Jerville Demings, by virtue of the authority vested in him as Orange County Mayor,

[21:19] does hereby proclaim the week of May 19 through 25, 2024, as public works week in Orange County, Florida.

[21:26] Done and ordered this 21st day of May, 2024, signed by the mayor, and all six members of the Board of County Commissioners.

[21:33] Receiving the proclamation is Hector Maldonado, who is Hector Maldonado.

[21:38] He is a source and coordinated with our public works, fiscal and operation support, Mr. Maldonado.

[21:50] Good morning, mayor, commissioners, control a document, and county administrator Brooks.

[21:59] Since 1960, APWA has sponsored national public works week across North America, more than 32,000 members in the U.S. and Canada.

[22:09] Use this week to energize and educate the public on the importance of public works to their daily lives.

[22:15] This year's theme, advancing quality of life for all, shines a spotlight on the way we, as public works professionals, advance the quality of life here in Orange County by providing an infrastructure of service in transportation, maintenance, storm water, emergency management and first response, fiscal, technology, safety, customer service and right away right away management.

[22:44] We work hard every day to make our encounter a dynamic place to live and work.

[22:49] During this week and throughout the year we celebrate the quiet work performed by our

[22:56] public works professionals daily to make life better for all citizens of our country.

[23:01] Joining me today are members from across our public works department.

[23:05] I ask them to please stand and be recognized.

[23:39] Yeah.

[23:45] Yeah.

[23:47] We're here.

[23:50] All right.

[23:51] Hey, everybody.

[23:52] Okay.

[23:57] Okay.

[23:57] You're welcome.

[23:59] You're welcome.

[24:02] Yeah.

[24:03] You're welcome.

[24:05] Yeah.

[24:05] I think you're all made up.

[24:06] Lower yourself.

[24:12] We start.

[24:16] Thank you.

[24:58] Come on, come on, come on.

[25:00] All right, thanks. It was great to recognize our hard work and employees, sometimes on song heroes who had done a work behind the scenes.

[25:10] Also, this morning, I do want to acknowledge if you see the scan for a closed captioning if you are someone that may be hearing impaired.

[25:20] But if you scan that, there will be active recording of this meeting today that you can follow along.

[25:32] Also, whoever is responsible for bringing the Pineapple Zam, thank you very much, perhaps.

[25:40] Someone from the hospitality industry is responsible for that.

[25:44] We'll be talking later today about visit our land and the work they do here with in our community, so thank you very much.

[25:54] All right.

[25:55] Now as we move forward on our agenda this morning, it's time for public comment.

[26:00] One of the special periods of time that we have as a board of kind of commission.

[26:05] We will be inviting members of the public to come forward to speak regarding topics of interest or concern that are within this board as authority.

[26:12] However, there are certain matters which are not appropriate for public discussion during this public comment period.

[26:18] These matters include the pending procurement of land use issues.

[26:23] Later, this afternoon will be dealing with the land use issues during the public hearings.

[26:30] Of course, as we move forward today, we ask that to bring forward and respect the time that will be established for those who will be speaking.

[26:41] With that Mr. Style Mula, do we have members of the public who have expressed a desire to speak this morning?

[26:48] Yes, Mayor, we have 15 speaker cards this morning.

[26:53] All right.

[26:56] We're going to give the speakers two minutes just morning to speak.

[27:00] That time will go very quickly.

[27:03] So please pay attention to the clock.

[27:08] All right, folks. I'm going to call your names and batches.

[27:10] When I do, please line up in the back wall.

[27:12] When you approach the podium, please begin with your name and address for the record.

[27:16] First speaker today is going to be Larry Meredith followed by Kelly Makagano and Pamela

[27:24] Sival.

[27:43] Good morning, Mayor.

[27:46] Commissioners, Christine Disappeared again.

[27:48] My name is Larry Meredith from Lake Mendelian, the state's the pop of Florida 3, 2, 7, 0, 3.

[27:54] And this is about the sidewalks and putting the cart before the horse.

[27:59] Currently, the fiber off the cable has been put in.

[28:03] Next to the sidewalks, which is probably going to damage some of those cables and put us out of

[28:07] internet services, which is minimal, but at the same time, it's a problem.

[28:12] Three, the structures along Lake Manila, or excuse me, the other drive is going to wipe out

[28:20] probably about six trees and landscaping.

[28:23] It's cutting off 22 feet of my driveway that I paid $10,000 for brickpapers, and I won't

[28:31] able to use that anymore.

[28:33] My concern about that is he's going to reimburse me for that.

[28:37] Number four, and most importantly, these sidewalks that they want to put in are not necessary.

[28:43] If you look at the top of that up there, which says orange-hurst and the next street down,

[28:48] those two streets right here, the only traffic that's almost streets is the people who live

[28:54] there, the same thing with the foot traffic.

[28:56] The two heaviest travel streets, which are minimal, is Mendeln and Evelin, where I live.

[29:06] The onset of the racetrack coming in many years ago and now of BP and the use of GPS,

[29:14] these traffic situations we used to have in the beginning are down to Mendeln.

[29:19] The foot traffic throughout that entire neighborhood is not more than 15 to 20 people a day,

[29:29] which does not justify spending millions of taxpayer dollars to put in sidewalks that

[29:33] are not necessary.

[29:35] The only accident that I know of since I've lived there since 1998 is the guy that was

[29:42] drive in a forward truck, loss controller on a curve coming down,

[29:47] the link for ters, hit a male box and destroyed that, and he ended up in my front yard

[29:53] with a broken steering shaft out of his gearbox.

[29:57] That truck all lost.

[30:00] Unfortunately, Mr. Meredith, you're out of time. Thank you for bringing your concern to us. As you move to the back, I'm sure there's a member from our public works department that will speak with you briefly.

[30:14] I see them moving towards you, Mr. Meredith. Perhaps they can address some of the issues that you brought up this morning.

[30:22] With that, we're going to move to the next speaker, please.

[30:23] The

[30:32] joys of farm-to-table breakfast, think about it.

[30:35] My name is Pamela Sybel, Bolshini Highway, Orlando, Florida, 3-2-833.

[30:40] Thank you today.

[30:41] As a resident in rural settlement, east of the Econ River, here to ask for your support

[30:46] to protect rural egg area.

[30:50] Finally, it makes sense.

[30:52] Florida egg industry is an economic generator.

[30:56] It is a top 30 industry in Orange County and second-top industry in Florida.

[31:01] Per University of Florida, just in Florida, we're losing 120 acres of

[31:07] eggland per day, or 45,000 acres a year between now and 2070.

[31:16] Daily, 120 acres of eggland, plowed over, not by a tractor, which I'm familiar with, I was raised

[31:24] a farm, but a bulldozer or covered in asphalt.

[31:28] Not only is this economic loss for the county in the state, it causes a financial burden

[31:34] to the taxpayers plus negative impact to environment and quality of life, which is irreplaceable

[31:40] and unmeasurable.

[31:42] And some of them on other counties is working.

[31:46] They created road boundaries in unincorporated areas.

[31:50] We should do that here in Orange County.

[31:53] The rural boundary would encourage well-thought-out plans for the right location with safeguards

[31:58] in place to protect the homeowners, taxpayers, the body and rural area and keep the

[32:04] rural culture, lifestyle, and property values they expected when purchased.

[32:09] It would also protect the thriving egg industry and overall cost to taxpayers a lot less.

[32:16] Just in East Orlando, our real area, we didn't expect the urban services.

[32:21] We still don't have it.

[32:23] I'm asking you today to really think about that we can't change,

[32:29] go back if we plow over eggplant.

[32:32] If we don't protect our wetlands, we don't protect,

[32:36] and give the people an option for what they're going to buy in Orlando.

[32:40] Thank you.

[32:41] All right, thank you, Miss Fabio.

[32:42] We'll move to the next speaker, please.

[32:45] All right, next set of speakers is going to start with Eric Gremmer, followed by Nelson Bettencourt,

[32:53] and Eugene Stagato.

[33:24] Good morning, Mayor, commissioners.

[33:25] Eric Gremmer, five, seven, four, terror spring drive, Orlando, Florida, three, two, eight.

[33:30] I remember the 2024 charter of your commission and the chair of the state of a growth committee, but I am here

[33:36] appearing in some one of my own capacity.

[33:38] You may have heard the CRC has been kicking around the idea of putting it on a rural boundaries

[33:43] and the eastern west side of the country to address our decades-long practice of responding,

[33:46] responding to community growth by building outwards.

[33:49] However, in the most recent session of the forest legislature passed a preemption bill,

[33:53] SB 1420, that was expressly targeted at our consideration of this issue.

[33:58] It hasn't yet become evolving, we anticipate it will be signed by the governor sometime soon.

[34:02] This preemption bill, in combination with recently raised legal issues,

[34:06] have many, I'll let them in on some of the CRC to conclude the state legislator has completed

[34:11] tied the CRC's hands with regard to a roll-boundary charter amendment. However, the board

[34:16] of county commissioners is not so constrained. An overwhelming majority vote last night, the

[34:20] CRC has recommended the BCC place a roll-boundary charter amendment on the ballot that does the

[34:25] following. And it's on the overhead above. One, it creates the roll area and unincorporate orange

[34:30] county by using the urban service airlines as the base boundary, but exempting areas outside the

[34:35] outside the urban service area that have already been subject to or planned for more

[34:39] intense suburban style development. That includes gross centers, horizon-west and

[34:43] innovation-way, as well as areas subject to joint planning agreements with municipalities.

[34:48] Two, in order to change the density or intensity of lands within the rural area, a

[34:52] majority plus one vote of the county commission will be required. Third, if a

[34:56] parcel locating the rural area of unincorporated orange county is later annexed.

[35:00] The county's land use rules would apply unless the BCC votes to release the land from the rural area. This proposal is complementary to the annexation proposal from the commission of the year that the board will be discussing later today.

[35:12] The commission's proposal addresses the process by which voluntary annexations would occur countywide. The rural boundary concerns would happen after annexations to land within the rural area, which jurisdictions land use control.

[35:24] The commissioners proposal only addresses voluntary annexations, where the should roll brownie were put to both voluntary and voluntary annexations.

[35:32] Thank you.

[35:33] All right.

[35:33] Thank you, Mr. Grimman.

[35:34] We'll move to the next speaker, please.

[35:44] The also in Betten Court, 5350 East Cayley Street, Orlando, Florida, 32812.

[35:51] Good morning, Mayor and commissioners.

[35:53] I absolutely believe the rural boundary amendment should be placed before the voters

[35:59] Despite the sources of dread and false alarms used to raise doubts and scare by developers

[36:07] and their minions in Tallahassee, authored Edward Abbey wrote growth for the sake of growth

[36:16] is the ideology of the cancer cell. It is not growth for the sake of growth we want,

[36:23] is development for the sake of future generations.

[36:29] If you look around the works of art in this room,

[36:33] or think about your favorite paintings by famous artists,

[36:37] they are all created within a boundary of space.

[36:42] Most even have a frame around them.

[36:45] Art consists of limitation.

[36:49] I think this is how we should think about the rural boundary because after all art is not a thing, it is a way.

[36:59] And thinking artistically is how we need to think within a continuously challenging and threatening environment.

[37:08] Our rural boundary will give orange cloudy the framework to develop in a more dynamic, fair, innovative and beautiful way.

[37:17] Okay. Let the voters decide. It is the right thing to do. Thank you.

[37:25] All right. Thank you for the comments. Next speaker, please.

[37:50] Good morning. I'm Eugene Stacardo. I have the pleasure to speak to you all.

[37:55] I'm a member of the CRC. Thank you for a point me. You're in a half a fun excitement.

[38:00] Thank you. And I live on Marsville Avenue.

[38:05] When I'm going to talk today is the history of an amendment exhibit be that we are presenting that we are hoping that you all can actually put on the ballot as it is.

[38:15] The history of this, we start back in August where's our chair?

[38:20] I served on that committee. We had nine meetings, starting in August, going up the February.

[38:24] We went to the commission with the initial version of that.

[38:27] That language in 506A is big because that meeting that all the misguarities came out and talked to us and gave us the concerns of JPAs and all the difficulties of how we have relationships as accounting with the cities.

[38:43] So we went back to committee.

[38:45] We did another six meetings.

[38:47] We talked to them, we talked

[38:52] about that language.

[38:52] 27 hours went into that. We have four attorneys, Eric's attorney. We have two other attorney

[38:58] plus Wade Vos or county attorney commission attorney. 108 hours total time, doesn't commit

[39:06] time, essentially for four attorneys plus two people like me or just I'm a retired engineer.

[39:13] And on top of that, Wade spent many hours and you'll know the bill on how many hours he put in.

[39:21] This is a well-researched piece of document.

[39:24] We tried our best to exclude everything except the rural area, it's a difficult issue in our

[39:30] county with all of the municipalities that we have.

[39:33] I think we've done a dang good job with this language, and I think it's a great piece of

[39:38] document.

[39:39] We had 41 people last night, that was in over 100 people, given time last night.

[39:44] They overwhelmingly, no one except one person spoke it opposition.

[39:48] 41 people represented 100. I thought that was great. We had a 13-1 last night.

[39:54] To say, please, commission, we have been kneecap by the our beloved

[39:58] legislature multiple times now.

[40:00] Now, we can't do our job, please do our job for us. Thank you, put it to the voters.

[40:04] All right, and thank you very much for your comments. We'll move to the next speaker, please.

[40:09] All right, folks. Next speaker is going to be Peter Murray, followed by Samuel Chambers, and valmobly.

[40:41] Good morning. Peter Murray, a colleague, Florida 34761.

[40:46] I'm here to talk about my experience working with the mayor's office. I have great respect for you, Mr. Mayor, and for our county.

[40:52] What I'm showing here is a text from personal cell phone that's small and bad, congratulating

[40:58] meeting on the Commission, approving a contract through your contract on December 12, 2023.

[41:05] Orange County hired me in 2021 to build the first stage of an effective and federally

[41:15] compliant broadband and digital equity program.

[41:18] I'm not going to read my credentials.

[41:21] Orange County increased my responsibility is an issued new contracts in July of 2022.

[41:26] February of 2023.

[41:28] And October of 2023.

[41:30] And then granted a three year contract in December of 2023.

[41:35] That text is from Simone Badd's personal cell phone and says she's wiped out.

[41:41] She was on the cruise with COVID, which she texted me and I submitted to

[41:48] So you increase my responsibility, you've awarded me a contract, January 4th, the county

[41:53] is executed in a non-negotiated contract after we objected to the termination for convenience

[41:58] clause.

[42:00] Friday, January 26th, the county canceled a meeting, canceled a meeting with me to discuss

[42:07] my concerns about federal compliance and the scope of work in the procurement process.

[42:11] January 29th, the Monday, so Friday they cancel the meeting, January 29th, the Monday,

[42:17] they sent me a notification for termination for convenience, I immediately notified Ms.

[42:22] Harrington of my concerns, to date I have not been able to get a meeting with anyone in

[42:28] our county except for an investigator from your risk management organization.

[42:34] This has been devastating to our business financially and to our credibility.

[42:37] I'm a national expert. People look up to me and to have this terminated after we've publicly announced it has been embarrassing.

[42:47] You've called Martin James. Thank you, Mr. Murray. Bad Arnch.net.

[42:52] Thank you for your comments today.

[42:55] And of course, should there be any grievances related to your respective contract.

[43:02] There's a proper police and time and process for being able to do that and so certainly

[43:11] our risk management and our county attorney's office will follow up with you.

[43:18] All right.

[43:18] Thank you.

[43:22] All right.

[43:23] Thank you sir.

[43:28] All right.

[43:28] Next speaker please.

[43:30] Hello.

[43:30] My name is Samuel Chambers.

[43:32] I live at 3333, Palomrod or Land of Florida, 3-2-8-0-3.

[43:37] I personally want to say good morning to you, Mr. Mayor and the County Commission.

[43:43] I am here today in support of the rural boundary and just a little background info.

[43:51] I am a device chair of the Orange Sewing and Water Conservation District.

[43:55] We had passed a resolution to the CRC recommending that they approved the rural boundary now, obviously.

[44:07] The last night the CRC advocated in the sense authority to you for a number of reasons to make a decision on the rural boundary.

[44:21] although our resolution does not mention recommending that the BCC take action, speaking personally, I believe that the Board County Commissioners should take action on the amendment and allow the voters to have say come the November election and be able to support a rural boundary which is overwhelmingly supported by

[44:51] speakers at the CRC and people who have reached out to myself and other supervisors on the

[44:59] soil and water.

[45:00] Board in favor of the rural boundaries. So please consider it and allow us to come November.

[45:07] Thank you.

[45:08] Would you give us your name one more time please?

[45:10] Samuel Chambers.

[45:13] Thank you.

[45:14] All right, can you move to the next speaker please?

[45:21] Good morning. My name is Val Mabli, 226 West King Street, Orlando 3204. That's College Park.

[45:29] I chose to live in College Park, the downtown part of Orlando because of convenience for parks and recreation and shopping and restaurants and the hospitals right down the street for my house.

[45:48] It's just so convenient and that's why I chose to live there.

[45:52] I would not be happy if developers decided to tear down a swath of houses in college park

[46:01] and see it for past your land and put in cows and horses next to my property.

[46:10] I wouldn't be happy.

[46:11] So I understand and I feel for the people of East Orange County who are fearful all

[46:19] time that that's going to happen to them, not that houses will be torn down for pastor, but

[46:24] that their pastors will be turned into housing. It's not right that people have to live

[46:30] in fear. They chose that way of life. They made a conscious decision to live in a rural

[46:37] area, just like I made a conscious decision to live in an urban area. So I'm here to say,

[46:46] I really hope that this commission will do the work that the CRC has so diligently worked

[46:54] on to put this on the ballot for the World Boundary.

[46:58] We need this in Orange County.

[46:59] Thank you.

[47:01] All right.

[47:01] Thank you for your comments.

[47:02] We'll move to the next speaker, please.

[47:05] All right.

[47:05] Next speaker is Robert Arguza, followed by Pat Lensie and Lee Petrisie.

[47:21] Good morning.

[47:21] Mayor, commissioners, a Comptroller, Robert Agrusa, 66675, Westwood Boulevard, Orlando, Florida,

[47:28] 32821, happy national travel and tourism week.

[47:32] Thank you very much for the opportunity to hear today.

[47:35] That is why the pineapples are here on behalf of our industry as the international symbol

[47:39] of hospitality.

[47:41] We're so delighted and as we've shared some of these statistics over the years, we generated

[47:45] the industry generated over 87.6 billion dollars in positive economic impact, just for

[47:51] county in 2022 which supports over 40% of our local workforce here in our

[47:58] community and you know today you have this amazing opportunity to continue to

[48:02] support the future of the tourism and hospitality industry and the successes

[48:06] by voting in favor of the Visitor Orlando Renewal Contract. As we all know there

[48:11] was a series of votes that were taken back in January 23rd and this board voted

[48:16] in favor of Visitor Orlando working with the Orange County staff and team here to

[48:20] to make some meaningful and impactful changes.

[48:24] And today, this contract reflects that good faith

[48:26] effort between both parties and all of the items

[48:29] that were requested by the Board of County Commissioners

[48:31] have been included in this renewed contract.

[48:34] And so this is so vital for the future of Orange County,

[48:37] our residents here in the community,

[48:39] and certainly the employees who work within the hospitality

[48:42] and tourism industry.

[48:43] So thank you very much for your consideration.

[48:45] And I appreciate and happy national travel

[48:47] and tourism week.

[48:48] All right, thank you, Ms. Arngusa.

[48:51] Next speaker, please.

[48:56] Good morning, Mayor and County Commissioners.

[49:00] I am Pat Lindsay.

[49:02] I live at 1851, Old River Trail, Chulio de Florida.

[49:06] I live within one mile from the Orange County line.

[49:11] And I live within one mile of the Econ River.

[49:15] I live there for 40 years.

[49:18] I'm on five acres in a rural area.

[49:21] I like my lifestyle, I like what I, you know, my, I want to continue to have the lifestyle

[49:29] I now have, but the most more important for the future, because I'm not going to be around

[49:33] that much longer, um, for the future, I'm really concerned about the waterways, between the

[49:40] Econ River and the St. John's River, this is very environmentally sensitive land. It's

[49:47] there's a lot of wet land. Over the 40 years I've lived there. Just a few weeks ago I emailed

[49:55] all of you and sent you pictures of the becon, it turned p-green.

[50:00] I've never seen it that way in the 40 years I've lived there.

[50:04] I think this is a lot of this is due to the overgrowth and sprawl that's taken place in each

[50:11] armed county, avalan and all the growth that's taken place has had a negative impact on

[50:17] this property, this land. This land is great for agriculture and it should stay agriculture.

[50:24] You know, the green was all the way to the St. John's River, the entire Econ River with

[50:32] P. Green just a few weeks ago.

[50:36] When Econ came through, I've lived there 40 years with many storms, many hurricanes,

[50:42] Hurricane Charlie, and the ones that followed right after it, never seen the Econ River

[50:47] come all the way up into my road that I live on and flood three houses, but it did when he

[50:54] came through. That's because of the growth that's already taken place out, that the sprawl

[50:59] that's already taken place, and we're only going to have more problems if we continue to let

[51:06] this sprawl continue. And so I urge you to please do the right thing and get this on the ballot

[51:12] for World Boundary. Thank you.

[51:14] All right. Thank you Ms. Lensley,

[51:16] and we pray that you live many more years.

[51:19] Next speaker, please.

[51:20] Lee Petrisi, 265, River Woods Trail, Tiliota.

[51:25] I've lived in Tiliota since 1993.

[51:29] And even though I reside in Seminal County,

[51:31] I'm writing to ask you to support the rural boundary.

[51:35] What happens in Seminal County rural boundary

[51:37] affects Orange County rural boundary and vice versa.

[51:41] A little personal history.

[51:43] In early August of 2013, I had outpatient surgery to remove much skin cancer from the

[51:49] top of my head.

[51:50] The process was exhausting.

[51:52] Then in August of September, October and November, I spent every weekend with hat and

[51:58] sunscreen at art fairs, craft fairs, farmers markets, and pounding the sand of our beaches.

[52:04] Collecting 1,899 signatures to get amendment 1 on the ballot.

[52:08] Unpaid, I may add.

[52:10] I did this to do my little part to protect Florida's water and wilderness.

[52:15] All of us worked so hard to get this on the ballot for Florida's water and our wilderness.

[52:19] We did not work this hard, continuing this fight for over 10 years so that our wishes could

[52:24] be ignored.

[52:27] Please protect the rural boundary.

[52:30] Thank you.

[52:31] All right.

[52:31] Thank you, Mr. Cruz.

[52:32] We'll move to the next speaker, please.

[52:35] Next to the speakers are going to start with Kelly Simrad, Lee Perry, and Marjorie Holt.

[52:54] Good morning, Mayor.

[52:55] Good morning, commissioners.

[52:56] My name is Dr. Kelly Simrad.

[52:57] I reside at 31-11 in a multi-drive.

[53:00] We were here last night in these chambers, so about 11 o'clock.

[53:03] Talking to our CRC, a whole bunch of us, the chambers were full.

[53:07] Asking the CRC to put a rural boundary onto our ballot in November.

[53:12] They cannot, their hands are tied, preempted by the state.

[53:15] They've moved it to you.

[53:18] Our right to vote on a rule boundary is now sitting on your desk.

[53:22] We're asking that you support that initiative.

[53:25] From a personal reason, I live on the east side.

[53:28] There was a promise not to cross the Econ River with urban sprawl.

[53:32] We're still fighting to keep that promise with Orange County.

[53:35] You saw it with sustenee.

[53:37] We barely won.

[53:38] We hang on and we keep showing up.

[53:41] You know us because we're here so frequently fighting to protect our rural community where

[53:46] we lived where we bought in because we believe the county's promise.

[53:51] That's a personal issue and a personal request.

[53:55] From an economic point of view, we have all these reports done by the agricultural industry.

[54:01] That says that for every one dollar that you receive in agricultural land tax, rural

[54:06] service land, you're making 68 cents off of it because the cost of services is reduced.

[54:13] There's less police, less fire, no need for sidewalks, no need for streetlights.

[54:18] You're making money off of the rural service area.

[54:21] In a time period where we have a $22 billion deficit for our infrastructure roadway needs,

[54:27] it's time for us to get the biggest bang out of our buck, the biggest return on investment

[54:32] to draw a line and to drive our growth into the urban core where we stop taking the resources from the urban area

[54:39] and spreading them thinner into the rural service area.

[54:43] It's not a smart way of growth.

[54:45] We need to stop it.

[54:47] The people have a right to have a vision of developments in their community.

[54:51] For six years we've been working on vision 2050.

[54:54] The county has more data than ever to know that people urban or rural

[54:59] Thank you.

[55:00] I want to protect this area. Land is a finite resource. They've stopped making it. Save the rural lands. You have places to grow in the future when we need it. Thank you. Put it on the ballot for the people to vote.

[55:11] All right. Next speaker, please.

[55:21] Hello, everyone. I resided 2, 0, 0, 8, green, a drive or land of Florida 3, 2, 8, 1, 0, my name is Lee Perry.

[55:30] And I'm a climate activist, you all know me.

[55:33] I'd like to actually talk about a gap year that I took after high school where I had the honor of receiving a scholarship to study in Italy.

[55:42] And living in Italy, I had a completely different experience where people that lived in the urban service area,

[55:51] They loved that they had rural boundary protections because the whole community was able to have access, completely around these dense infill areas where people were living and working, to have a relationship with the farmers on the outskirts and completely build a lifestyle around going out and picking vegetables with the farmers and then being able to cook and engage as a community.

[56:21] on walkable streets in that urban core, where many actually almost all of the houses were on top of areas of commerce where people also worked.

[56:32] So there were entire streets where it was completely blocked off and there was access to transit that came every 15 minutes for less than 50 cents.

[56:42] And that is the type of lifestyle that we could invest in here in our own way and in our own model.

[56:50] And the first step is creating a rural boundary.

[56:54] We need to be able to have the resources to invest in walkable streets and in, you know, bikeable areas and to have the infrastructure in order to sustain the growth.

[57:06] But we're not going to do that if we continue to subsidize the sprawl that is very expensive and

[57:13] You know quite frankly

[57:15] It's not resilient when it comes to the climate crisis either. So I would really appreciate it if you all could listen to the people

[57:23] The CRC process was so awesome and so many hours of lawyer time and

[57:29] Board volunteer time went into it. Please respect the voters and vote for the rural boundary. Thank you

[57:35] All right. Thank you for your comments. Next speaker, please.

[57:46] Who's the next speaker?

[57:49] She's on the way.

[57:53] I was concentrating. Yes, good morning, Mayor Demings and Board of

[57:59] County Commissioners. Yes, we are here today because Commissioner Bonilla came to the CRC

[58:07] and requested recommended that this exhibit be language with the original language

[58:14] for the rural boundary amendment, the assessed by the Board of County Commissioners and ultimately

[58:21] a vote. I'm going to hand in a letter of communication to the CRC in support of exhibit B.

[58:31] I've sent that for the meeting yesterday. We're here again because of the Florida legislators,

[58:43] preemption. We dealt with it on amendment 1. Our right to clean water. The

[58:50] legislators circle the wagon when the county seems to be accomplishing stronger

[58:56] growth management and protection in the county. Governor Scott, when he was

[59:03] elected in 2011, he viscerated the Department of Community Affairs and

[59:08] Rule 9.J5 that allowed for greater assessment and so now it's up to the county,

[59:18] Orange County, to flex our local control.

[59:22] So I hope you have a good discussion on this and ultimately bring this back for the

[59:27] Citizens to vote.

[59:29] Thank you.

[59:29] Okay, remember your name and your address.

[59:32] That's for the record, please.

[59:33] Well, I'm sorry, March hold, 850 to Elveron Avenue, Orlando, Florida, 32817, and I'm representing

[59:42] the Sierra Club, Santa Florida Group, PO Box 941-692, mainland Florida.

[59:49] Thank you very much.

[59:49] Thank you.

[59:50] All right.

[59:51] Next speaker please.

[59:52] Mayor, that was our last registered speaker.

[59:55] All right.

[59:56] Thank you to all of the speakers who came this morning with that.

[1:00:00] We will move forward now on our agenda. We will close the public comment period of time and we will move to the

[1:00:07] consent agenda. And I'm going to ask our County Administrative Mr. Barron Brooks to present the consent agenda,

[1:00:13] including a Dendom number one. Thank you, Mayor Demings. And that was all I was going to add and

[1:00:21] on the board of Addendum 1, which is eight six under public works proven execution of the

[1:00:28] escrow agreement by Adam on 38254 site LLC Orange County and Orange County Controller.

[1:00:36] It was a that edition mayor that represents the consent of Jennifer board consideration.

[1:00:42] All right, with that is the emotion for you.

[1:00:44] So some second you're reading?

[1:00:45] All right, motion, commission, Gomez cadaro, second by commission, you're rebate.

[1:00:51] All in favor, let it be known by saying, I oppose no motion passes and it is unanimous

[1:00:59] of the members of the board present and then just by we have information for the public.

[1:01:07] So all of our commissioners cannot be present today.

[1:01:12] One commissioner will, some from district one, due to emergency within her family.

[1:01:21] to commission a more is not present at this time but may rejoin us to do a pressing

[1:01:28] issue with one of her family members and commissioner Michael Scott unfortunately has

[1:01:36] been having some health issues and he is not able to be a present today either this is

[1:01:42] why we have a reduced board does not mean that those members who are not present at this

[1:01:51] time do not consider the work of the Board of County Commission to be important, just

[1:01:56] want to share that with you.

[1:02:00] I would like to highlight several items that were approved just a moment ago on the

[1:02:06] consent agenda.

[1:02:06] We have proved the awarding to continue a sidewall construction services contracts for the accelerated

[1:02:12] transportation safety program.

[1:02:15] As you all know, we have some issues with pedestrian and bicycle safety as well as traffic

[1:02:21] congestion within our community.

[1:02:23] As you may recall, this program provided an additional $100 million for transportation needs

[1:02:30] of a five-year period to both Orange County and to links with sidewalks being a key component

[1:02:37] of that traffic safety program.

[1:02:40] On January 23, the Board approved a change order to increase the upper contractual limit

[1:02:45] on the existing continuing sidewalk construction services contract to initiate the celebrated

[1:02:51] traffic safety program and its construction by this spring.

[1:02:56] Construction on the first set of projects has commenced using the increased contracts.

[1:03:03] So we are moving expeditiously to address the issues at hand.

[1:03:08] Additional projects can now utilize newly approved sidewalk construction service contracts.

[1:03:15] This fiscal year, under the ATSP, we are starting construction on multiple

[1:03:20] who would definitely save the traffic, calming, and roadway

[1:03:23] lightning, lighting projects.

[1:03:26] The Citizen Commission for Children on Division

[1:03:29] is also entering into two contracts with the Foundation

[1:03:33] for Orange County Public Schools.

[1:03:36] One program will provide internships to local high school students

[1:03:40] helping them make strategic career choices.

[1:03:43] The other way include prevention and intervention services,

[1:03:46] aimed at addressing summer and pandemic-related learning laws.

[1:03:51] So we look forward to that process beginning this summer, as I was children,

[1:03:56] within the Orange County Public Schools,

[1:03:58] was soon in the current school year and started in the summer.

[1:04:06] Also through the American Rescue Plan Act Fund in the mental health

[1:04:09] and homelessness division is extending two existing contracts

[1:04:13] to continue a care coordination program, as well as an adult intensive outpatient treatment

[1:04:20] program.

[1:04:21] I don't have to tell you all, but related to the growing challenges that many metropolitan

[1:04:27] communities around the nation are experiencing with homelessness.

[1:04:31] Many of those individuals are also mentally ill, and in order to transition them from homelessness

[1:04:38] to housing and to becoming functional members of our society.

[1:04:45] We have to invest in the treatment of those underlying issues.

[1:04:50] Before we move on to the discussion agenda,

[1:04:53] I'm going to call on County Administrator,

[1:04:57] Mr. Barron Brooks to also make an announcement.

[1:05:00] And with that, Mr. Brooks, you've recognized it this time.

[1:05:05] Thank you, Mayor Demons. This is just announcement, procedural announcement.

[1:05:10] So, guarding during place, during place, limited has requested that the county designated property that they own as a Brownfield site.

[1:05:17] The property is located at 5215 South Orange, Boston Trail within not incorporating Orange County.

[1:05:23] Section 376.80 of the Florida Statutes.

[1:05:29] requires the county to announce the public meeting at a scheduled meeting of the local governing body before the actual public meeting occurs.

[1:05:39] So the public meeting will be conducted by Environmental Protection Division on Thursday, June 6th at 6 p.m. at the Holden Heights Community Center.

[1:05:51] located at 1201-20th Street, Orlando, Florida, 3-2805, and then the date for a second

[1:05:57] hearing before the Board of County Commissioners is July 9th.

[1:06:03] Again, Mayor, this was a procedural matter announcement that required for the Board of

[1:06:06] Statutes.

[1:06:07] All right.

[1:06:08] Thank you, Mr. Brooks.

[1:06:09] I doly noted any questions about members of the Board regarding the announcement

[1:06:14] that was made by Mr. Brooks.

[1:06:16] Here in non-seen non-we'll move forward, then on our dinner at this time to our discussion

[1:06:23] agenda.

[1:06:24] The first item on the discussion agenda is an item A1, our manager, the procurement division,

[1:06:32] Ms. Kerim Mathis is going to come forward and frame this item and with that Ms. Mathis,

[1:06:37] you'll recognize it this time.

[1:06:39] Thank you.

[1:06:40] Good morning, Mayor and commissioners.

[1:06:42] This first item begins on page 353 of your agenda.

[1:06:45] The procurement committee has evaluated proposals for disaster, debris, monitoring, recovery services.

[1:06:52] I am requesting board selection of one firm and two ranked alternates.

[1:06:56] Commissioner Uribe was assigned to the procurement committee.

[1:07:01] All right.

[1:07:02] With that, Commissioner Uribe would you like to offer a potential motion?

[1:07:06] Yes, Mayor.

[1:07:07] I move for the selection of Tetra Tech Inc. 457.11 points.

[1:07:12] With Thompson Consulting Services LLC with 348.17 points and debris tech LLC with 345 points as the ranked alternate.

[1:07:25] Second one.

[1:07:26] All right.

[1:07:27] We have a motion and a second.

[1:07:30] All in favour of that to be normally saying aye.

[1:07:32] Opposed no.

[1:07:34] The motion passes and it is unanimous.

[1:07:38] Thank you.

[1:07:39] Our next item begins on page 358 of your agenda.

[1:07:41] The procurement committee has evaluated proposals for a consulting service for a fire rescue

[1:07:46] promotional processes, and requesting board selection of one firm and an alternate commissioner

[1:07:52] more was assigned to the procurement committee.

[1:07:55] All right.

[1:07:55] With that commissioner more would you like to offer potential motion?

[1:07:59] Yes, I would.

[1:08:00] I move for the selection of Morris and McDaniel Inc at 391.60 points with emergency services consulting

[1:08:07] in our national aid at 373.3 points as the alternate.

[1:08:13] Second, you, Rebe.

[1:08:14] All right, we have a motion.

[1:08:16] And a second, all in favor, let it be normal saying aye.

[1:08:18] Aye.

[1:08:19] Opposed, no motion passes, and it is unanimous.

[1:08:23] All right, with that, we move to item 83.

[1:08:27] Ms. Methodist, you recognize?

[1:08:29] Thank you.

[1:08:29] The site and begin some page 364 of your agenda.

[1:08:32] The procurement committee has evaluated proposals for third party administrator services for

[1:08:37] the Orange County Health Services Department.

[1:08:40] I'm requesting board selection of one firm

[1:08:42] at an alternate commissioner,

[1:08:44] your rebue was assigned to the procurement committee.

[1:08:46] All right, Commissioner,

[1:08:48] your rebue would you like to offer potential motion?

[1:08:50] Yes, I move for the selection of Heritage Health Solutions Inc.

[1:08:54] at 397.42 points with Zenith American Solutions Inc.

[1:08:59] at 308.7 points as the alternative.

[1:09:02] Second, will we?

[1:09:03] All right, we have a second, I believe that

[1:09:06] Commissioner Goodman's Cadero, all in favour of letting me know I'm saying aye.

[1:09:12] Opposed, no motion passes and it is unanimous with that we'll move to the next item on

[1:09:18] the agenda. This is item A4 and with that, Ms. Mathes, you recognize.

[1:09:23] Thank you. The site begins on page 369 of your agenda. The procurement committee has evaluated

[1:09:28] proposals for design services for Avalon Road, from U.S. 192 to Hartzog Road. I'm requesting

[1:09:35] board selection of one firm and two ranked alternates.

[1:09:39] Come and show your rebee was assigned to the procurement committee.

[1:09:42] All right.

[1:09:42] Thank you.

[1:09:44] With that commissioner, your rebee would be like to offer a potential motion.

[1:09:47] Yes, I would.

[1:09:47] And move for the selection of Pegasus Engineering LLC at 480 points with DRMP ink at 428.33 points

[1:09:57] and BCC Engineering LLC with 300.

[1:10:04] All right, we have a second-by-commissioner Gomez, cadero, all in favour of the

[1:10:09] enormous saying aye, aye. Opposed no, motion passes, and it is unanimous. With that, we move

[1:10:16] now to item 85 on the agenda and the smath is you recognize.

[1:10:21] Thank you. This item begins on page 376 of your agenda. The procurement committee has evaluated proposals

[1:10:27] for continuing professional traffic engineering services, I'm requesting board selection of three

[1:10:33] firms and three ranked alternates. Commissioner Moore was assigned to the procurement committee.

[1:10:40] All right, Commissioner Moore, would you like to offer potential motion?

[1:10:43] Yes, I move for the selection of Kimlin Horn and Associates at 488 put 75 points.

[1:10:49] DRMP ink at 481 and F-Con at 442.25 with metric engineering at 432.5.

[1:11:00] Inward consulting engineers at 430,

[1:11:03] Minas Haken, Russeling at 427.5 as the ranked alternates.

[1:11:08] Second, you're E-B.

[1:11:09] All right, we have a motion in a second. All in a favor,

[1:11:12] let it be noticing I oppose no motion passes and it is unanimous.

[1:11:18] All right, thank you, Ms. Mathis.

[1:11:20] Item A6 just for the record was canceled,

[1:11:23] so there is no action being taken today.

[1:11:27] With that, we'll now move on to the remaining portion

[1:11:31] of our discussion agenda.

[1:11:33] We're going to call on our County Administrative Mr.

[1:11:36] Byron Brooks, to first introduce item B1 regarding

[1:11:41] appointments to the value adjustment board,

[1:11:44] and with that, Mr. Brooks, you recognize.

[1:11:46] Thank you, Mayor Demings.

[1:11:47] This is a son, a discussion agenda, to be one under tap, three pages, three,

[1:11:53] ninety to three, ninety-one, and the laws of appointment of two commissioners, and one

[1:11:58] citizen member to the 2024 Value Adjustment Board, and the designation of two

[1:12:03] alternate commissioners, and one alternate citizen member to the value adjustment

[1:12:08] board to say up front, there will be three actions needed from the board at the

[1:12:12] conclusion of this, and I'll explain the additional action in a moment.

[1:12:17] As you know, the Value Adjustment Board is composed, comprised of two members of the Board

[1:12:22] of County Commissioners and two alternates from the Board of County Commissioners.

[1:12:28] One citizen member appointed by the Board, who must own Homestead Property within the County,

[1:12:33] and one alternate citizen who must own Homestead Property within the County, and one member

[1:12:38] of the School Board and one citizen member appointed by the School Board.

[1:12:42] This morning, the board has been asked to appoint two primary board members in one citizen

[1:12:47] to the value adjustment board and appoint two commissioners in one citizen as alternates.

[1:12:54] Last year, commissioners, 3 Bay and Domains Cadero served as the primary board members

[1:13:01] and commissioners, Wilson and Moore served as the alternate board members.

[1:13:06] The citizen member has been Robert Culledwell and really Hawkins was the alternate.

[1:13:14] Just for note, commissioners, Eurebe, and Gomez Guerrero have indicated willingness to

[1:13:20] serve if, unless other members have interest.

[1:13:25] In addition, Mayor, and this is the new action required this year, I do to a recent opinion

[1:13:31] from the Florida Department of Revenue, the Office of General Counsel, the Board of

[1:13:36] County Commission is also being asked to appoint one primary member as the chair

[1:13:41] of the Value Adjustment Board and the legal counsel for the Value Adjustment Board is also

[1:13:47] recommended that the Board appoint two vice-tears, one primary member and one alternate

[1:13:52] member.

[1:13:54] So, the action's appointment of two commissioners to serve on the Value Adjustment Board,

[1:13:59] to commissioners and service alternates,

[1:14:02] appoint the citizen number and the alternate number,

[1:14:06] and select the chair and two vice-chairs

[1:14:09] for the value adjustment board.

[1:14:12] Okay, so first, let me just verify here publicly.

[1:14:17] Commissioners, you reband, Gomez, Cadero,

[1:14:21] you both willing to continue serving and if so,

[1:14:29] Is either of you interested in being the chair and then we'll look to the second if you are both interested to being one of the vice chairs

[1:14:44] If I'm if I'm not a smayer from this week, sorry if I'm not mistaken what we're looking at is an alternative by share because the way the roles are Commissioner Gomez Cordero and I alternate every year chair and vice chair

[1:14:55] but we're looking at adding an additional alternate vise share in case.

[1:15:00] The chair or vice chair, you need a primary vice chair as well as an alternate vice chair.

[1:15:07] Okay, so that's a slight difference. So you could have, I'm just throwing out an example.

[1:15:13] Commissioner, you rebate could be the chair for VAB and Commissioner Gomez Cadero could be the vice chair.

[1:15:20] And then with respect to the remaining commissioners that are serving as alternates, one of those commissioners could be a vice chair as well.

[1:15:29] Okay. So let's take care of the first issue. That is the chair and the primary vice chair.

[1:15:38] Commissioner, you'll be best to chair right now. So you can continue.

[1:15:41] Okay. Commissioner, you rebaves willing to continue in the role as chair.

[1:15:46] And I will vice chair.

[1:15:47] Oh, okay.

[1:15:48] And Commissioner Gomez-Gadero is willing to continue in the role as the primary vice chair.

[1:15:55] Okay, and Commission of Wilson and Commission of Moore currently serve as all

[1:16:02] alternates and Commission of Moore has indicated that she is willing to serve in the role

[1:16:08] of the alternate vice chair. Okay, and so we have that and we still need

[1:16:20] The citizen and Robert Caudwell has indicated, willing to continue to serve as the member and

[1:16:30] really Hawkins has indicated, willing to continue to serve as the alternate citizen member.

[1:16:35] Okay, so we,

[1:16:38] with Roy Benby, he's interested in being a former alternate.

[1:16:44] All right.

[1:16:45] I have a question here.

[1:16:46] I don't know what the whole board do we have, someone? No.

[1:16:50] Oh, you don't have to point. The school board, the school board,

[1:16:53] him was that. They have, we have a point met and there's still some

[1:16:55] point. The board of counter commissions does not have to act on that.

[1:16:59] Okay. All right. And so with that, then Rue Hawkins would be the Robert

[1:17:08] Caldwell would be the member of the value of Descent Boyd and Rue Hawkins

[1:17:13] would be the alternate number. Okay, and so if we all clear as a member, the current voting board of

[1:17:22] County Commission is the emotion to some of. Okay, we have a question. By commission of

[1:17:30] Borneus, second by Commissioner Yerebe, all in favor, later, we know I'm saying aye. I oppose no

[1:17:38] motion passes and it is unanimous of those members of board who are present.

[1:17:45] And with that, I think we have taken care of all of it, hopefully that is clear to the

[1:17:55] clerk.

[1:17:55] Let me just make sure that the control of the clerk is clear on the action that was taken.

[1:18:01] All right.

[1:18:02] With that then we'll move to the next item on our agenda.

[1:18:05] And this is an item that we're asking our Assistant County Administrator, Mr. Lisa Snee,

[1:18:12] to present the Second Amendment to the Visitor Land of Tourism Promotion Agreement.

[1:18:16] I do recognize that we have members from Visitor Lando here.

[1:18:22] Ms. Cassandra Mante, there she is.

[1:18:25] I know she's here with the President and the CEO as well as other members of the board of directors

[1:18:31] and with that Ms. Snee, you recognize.

[1:18:34] Good morning Mayor, Good Morning Commissioner, Good Morning Comptroller Dietin.

[1:18:41] Today we're here to talk to you to request Board approval on the second amendment to the

[1:18:46] 2019 Tourism Promotion Agreement, and that includes all of the changes that were directed

[1:18:51] by the Board to negotiate an agreement with Visitor Lando incorporating also additional enhancements,

[1:18:59] transparency and fiscal safeguards, including not limited to the accounting and investment

[1:19:04] And so I'll go through those with you.

[1:19:08] On January 23rd, the Board gave direction on an amendment

[1:19:12] for the county to negotiate with visit Orlando,

[1:19:15] and they provided direction on funding for future TTT funds.

[1:19:19] The Board also requested that Comphorler's Office

[1:19:22] conduct an audit, and that audit is in progress,

[1:19:25] and the Comphorler is indicated that they

[1:19:27] won't issue an interim report with any significant issues

[1:19:30] identified no later than September 1st.

[1:19:33] On the 26th, we came back to the board and we amended the clause that would allow the board to terminate to allow time for us to negotiate these issues that the board directed us on and that changed the date for non-renewal to April 3rd to June 17th.

[1:19:53] So I just wanted to list that we are happy to report that we did include in this amended agreement that we have come to all

[1:20:00] All of the five items that the Board of County Commissioners directed staff to include in the agreement.

[1:20:05] And that was a vote by the Board of County Commissioners unanimously.

[1:20:09] So the first one is the appointment of a county commissioner to the Visitor Lando Board.

[1:20:14] And that would be one of two BCC appointments if the mayor or designate is not elected official.

[1:20:21] The second item is a reduction. The board clearly asks for a reduction in the funding to visit Orlando of 15 million annually.

[1:20:29] and to extend the terms of the agreement to September 2028 with incorporation of changes and a four-year

[1:20:36] auto-renuant provision to be approved by the Board of County Commissioners.

[1:20:40] The third item was the ARP funding at 5 million per year to be paid from TDT from a reduction to VO funding.

[1:20:48] The fifth item that the board included asked us to include was funding of 10 million year for the sports incentive fund to be paid directly

[1:20:56] from the O's 30% allocation, and the last provision was to include a provision to the agreement

[1:21:03] which sets a reasonable scale based on thresholds for funding of these items in the

[1:21:07] event a significant decrease in TDT revenue or in the event that SIC or ARC accumulates

[1:21:14] significantly large excess balances. So the provisions for that on the excess balances are that

[1:21:24] If the four-year renewal occurs, any cumulative growth in the TDT that occurs would be

[1:21:31] applied to sick and also arc.

[1:21:35] So as the TDT grows, so do those positive funds in the second portion of those terms.

[1:21:43] We also were able to include several other provisions into the agreement.

[1:21:47] We've been working closely with the Comptroller's Office, and we've included a right

[1:21:53] to inspect and audit, and we've expanded that, right?

[1:21:56] The county has included a provision to allow the county to address or amend the contract

[1:22:00] for any finding determined to be material concerned by the county administrator or the

[1:22:05] Board of County Commissioners.

[1:22:07] We have included enhanced guidelines for reserved levels, and those guidelines basically show

[1:22:13] that if Visitor Lando has more than three months of accumulated TTT revenues that are

[1:22:23] They would have to come before the Board of County Commissioners to ask for approval of those appropriations.

[1:22:30] The other item was to also enhance their investment,

[1:22:37] exhibit the, which will end up being,

[1:22:39] except it is a list of the investments that Visitor Lando would contain their investments too.

[1:22:48] And that was provided as guidance from the Controllers Office.

[1:22:52] And then lastly, a clear segregation of funds, we want to make sure that taxpayer dollars are clearly

[1:22:58] delineated from non-tax payer funds.

[1:23:01] And so all of those additional provisions that were things that we've added since we met

[1:23:06] on the 23rd have been included in this agreement.

[1:23:10] So with that, the next action would be a request for approval of the amendment as presented.

[1:23:19] Okay, I'll entertain questions and comments by members of the board.

[1:23:24] I'll start with commissioner Moore.

[1:23:28] Lisa Kittu, talk a little bit about how many meetings and how long this process was to enable

[1:23:35] you to come up with a contract that reflected what this board gave guidance back in January.

[1:23:43] Sure.

[1:23:43] So, obviously there's been several meetings in addition to the board meetings, TDC Council

[1:23:49] has approved the plans that were adopted, you know, by the board on the 23rd of January.

[1:23:56] Gosh, just I'm sure we've had at least 10 meetings total from January to now, between

[1:24:02] Visitor Lando, Staff, and also we've had several conversations with the Controllers Office.

[1:24:10] I'm prepared to make a motion whenever you're entertaining with it.

[1:24:16] You can.

[1:24:17] Okay.

[1:24:18] Continue.

[1:24:18] We'll continue the battle.

[1:24:21] We'll put a motion on the floor because we can still discuss.

[1:24:24] I'd like to move the approval and execution of the second amendment to the 2019 Orange County

[1:24:29] Florida and Orlando Orange County Convention and Visitors Bureau.

[1:24:33] Tours and Promotion Agreement is amended.

[1:24:36] Okay. Is there a second? Okay. I'll second the motion but we'll continue the discussion.

[1:24:45] Anything else? Commissioner Moore? No, I just wanted to be sure, you know, what the depth and breath of trying

[1:24:51] trying to get the contract to look like what this board collaboratively recommended in January. So, she answered the question. Thank you.

[1:25:00] All right, commission of only a second?

[1:25:03] Is there a second? Oh, I was going to submit.

[1:25:06] Okay. All right, commission of only a.

[1:25:11] So I have a few concerns on this contract.

[1:25:17] I know we discussed them and during a sunshine meeting.

[1:25:22] So I liked that commissionary rebe had mentioned about a ceiling,

[1:25:27] Because I, in my conversations in our briefing to something came up where, if there's, if there's

[1:25:35] any leftover funds, then it will come to the board to use for ARC or whatever else.

[1:25:42] But my concern was there's nothing in there that states that they should only spend what they

[1:25:47] had already budgeted.

[1:25:49] So they could, you know, if they see that they have more money, then they just spend it,

[1:25:53] and they won't have anything left over.

[1:25:54] So, there was nothing there to hold them to that, and so, commissioner, you rebe came up

[1:26:00] with the idea of at least a ceiling, because if they're going to add a floor to this, the

[1:26:04] 90 million, then there should also be a ceiling.

[1:26:07] So, you know, in these negotiations, you know, we had our demands, and they came with their

[1:26:13] demands, but with their demands, additional demands to it, I think there should be, you know,

[1:26:20] another negotiation, like us now discussing that, and us having our new demands, and it

[1:26:28] going back to negotiation again, that I think that's required at this point. So, you know,

[1:26:35] I'll let, I mean, I'll share my floor, my time with Commissioner Ruby, she wants to jump in

[1:26:40] with her idea of the ceiling.

[1:26:42] Or if you, you'll do that this time?

[1:26:45] I'm not done, but I want to share it on my comment.

[1:26:48] Okay, do you want me to continue then?

[1:26:49] Yes.

[1:26:51] All right, so another concern that I had was with the governing duties and the strategic direction

[1:26:59] being guided by their board, the visit Orlando board, and I definitely understand that,

[1:27:06] But in prior years, when there was a campaign that was going to brand the county, the Board

[1:27:15] of County Commissioners were involved in that conversation, and we're given the opportunity

[1:27:21] to say, yeah, or nay, to that branding campaign.

[1:27:25] This new campaign, though, I'm believe, believe real.

[1:27:29] We had no saying that they just came to us and they were like, this is what we did.

[1:27:33] And, you know, it was what it was and there was, all the money was spent on that campaign

[1:27:39] and we had no recourse to be able to say, hey, maybe we should, you know, try something

[1:27:44] different or maybe you should do some more marketing research on that.

[1:27:49] So I really feel that there's anything that's going to brand the county that we should have

[1:27:54] some say in that, because it's representing us and, you know, what we were here elected

[1:28:01] by the people, it's very important that we represent the best branding for the county and

[1:28:07] the people.

[1:28:09] So, that's something that I want to see us more, how you can work control over, or at least

[1:28:15] some say in, and that when a brand comes to branding the county.

[1:28:24] I think that's all I have for the moment, because I know we discuss a couple of other things

[1:28:30] in the sunshine, but I just can't remember right now, so I might come back.

[1:28:35] All right.

[1:28:36] Commissioner, you're rebate.

[1:28:40] Yes, Mayor.

[1:28:42] And, Lisa, there's a couple points that I had brought up when we had our meeting.

[1:28:46] One, we were very specific that we didn't want an automatic renewal.

[1:28:50] That was something Commissioner Benilla brought up.

[1:28:53] We wanted to make sure this came in front of the county commissioners.

[1:28:57] it was time to renew the contract, I think that we learned a lot this time because we didn't

[1:29:03] just do a consent agenda. I don't mean it just went through and requiring, you know, I actually

[1:29:10] dove in and found out about the 180 days and sent the memo to Byron, but I think it's prudent.

[1:29:17] We are as an elected body here to represent the people who live here and there was a comment that

[1:29:21] 40% of the workforce works in the industry.

[1:29:25] Well, then I'm sure that percentage also votes for their elected to look out for them and what

[1:29:30] happens.

[1:29:31] And I think that that was very, very said, because obviously, previously, we've been caught

[1:29:37] out and can send agenda items.

[1:29:38] But this time, we wanted a hard termination date.

[1:29:44] And that way would allow us to review this out of four-year process.

[1:29:49] we were just seeing yesterday and that all of us will be here in four years, some of us will,

[1:29:53] some of us won't, but I think it's very prudent, because our job is to be prudent with taxpayer

[1:29:58] dollars and make sure that we're-

[1:30:01] Another major concern that stood up to me and this was something I brought up was the grant and funding issued to agencies that required a Board of County Commission approval.

[1:30:13] For instance, United Arts, for instance, Camping World, we noticed in their own agenda minutes in June that they were issuing funds for whatever reason, but you start looking at who's in charge.

[1:30:26] These agencies have to come in front of the Board of County Commission to get approval and I think it's important that we maintain that respective authority and designation of tax funds.

[1:30:36] And for them as an executive board to just release those funds, you really start wondering who are they reporting to visit Orlando or the Board of County Commissioners.

[1:30:47] And that is a procedure that already exists right now.

[1:30:51] In addition,

[1:30:57] the ground that we're at, $90 million is still more than the entire state of Florida receives for visit Florida funding.

[1:31:07] And when we came into this agreement, one of the main reasons, and a Commission of the Indian I were all about a percentage,

[1:31:13] Commission of the Indian wanted to cut them a whole lot more than I did.

[1:31:16] because I just want to make it clear, visit Orlando has a purpose in what it does, and the marketing,

[1:31:23] and also I do want to say that the sports incentive is actually it's a lot of our revenue that we

[1:31:30] make in this town, including all the upcoming games, all the collegiate things that go on,

[1:31:36] you and your team have done an incredible job at making us a county that people want to come

[1:31:43] and participate in do, but at the same time,

[1:31:47] I worry about our arc funding.

[1:31:50] And so when we sat here and said,

[1:31:54] this would guarantee that we would get $5 million.

[1:31:58] Well, we never got the Astric.

[1:32:00] This would guarantee $5 million as long as they make $90 million.

[1:32:04] And nowhere were we agreeing to that.

[1:32:05] We were agreeing to that because, and I quote,

[1:32:08] we expect tourism to dip and this would protect us

[1:32:13] as it dips and yet the opposite has happened. It continues to flourish and grow. We've got more

[1:32:19] breaking numbers. Thank you, Mr. Phil Diamond, for reporting on those. So here we are protecting

[1:32:25] an agency who already is gets multi-millions over the state of Florida. But now we're saying even

[1:32:32] for our programs which are allowed to be used by tourists, development tax funded, including the

[1:32:39] African-American Museum, including the Dr. Phillips Center,

[1:32:42] including any potential projects that are coming forward.

[1:32:45] And during the task force, the majority of them

[1:32:48] were directed to go through arc funding.

[1:32:52] So two points, one, that doesn't make sense.

[1:32:56] $90 million is so a lot of money.

[1:32:58] But if you're going to set a floor,

[1:33:00] how about we set a ceiling?

[1:33:01] Because right now, through the applications

[1:33:03] that have been submitted through arc,

[1:33:05] we are $34 million in the red.

[1:33:08] So we don't have even enough TDT funding that is qualified for ARC funding to even protect us.

[1:33:15] And it would be good to see some sort of ceiling.

[1:33:18] We know they're going to be successful. We're growing.

[1:33:21] We're going to have 1500 more hotel rooms.

[1:33:23] We're going to have major league soccer games that are taking place to summer.

[1:33:27] We have a new park that's opening.

[1:33:29] How about there is a benefit to the agencies that qualify for some of this funding.

[1:33:34] They will also feed into bringing more people to our town and more people to visit Central Florida than what was there before.

[1:33:45] But that other part is very least we very uneasy is issuing a funds to organizations that require border county commission approval.

[1:33:54] And one last note, I know Mayor, you went to Tallahassee to the Florida Association of Counties and to the legislature based on what the task force suggested, which is a funding for housing, affordable housing for the people who work in this industry and I think we all agree, they can't afford to live in our town when police officers can't afford to live in our town.

[1:34:19] And we also know that the legislature is looking at the incoming Speaker of the House is looking at funds from major, major counties who have a high revenue in tourism, where are we going to sit at that point?

[1:34:34] Are we going to put any funding aside from tourist developments with the projects that we have forward?

[1:34:40] Where does that responsibility come into us?

[1:34:42] it would be nice to see that further as far as affordable housing, put it into affordable

[1:34:48] housing trust fund, which would, if that happens, would it be allowed, but where are we

[1:34:52] in preparation for that? So we're making a lot of decisions where we're camping out financially

[1:34:58] and we're not.

[1:35:00] We're not there. So I'd like to see better. I'd like to see, like I said, there is an absolute job for the agency and what they do. That's why they were given the position.

[1:35:11] And that's why they do what they do and they're part of the overall of everyone's contribution to have people visit Central Florida.

[1:35:19] But I think there should be some good government. It's a prudent government on our behalf as the representatives of people who live in this community to do better on that.

[1:35:27] So, that's my comments and I hope that we can get somewhere on that, but we haven't heard a lot of those things, and I think that if a floor is in place, a ceiling should be in place to benefit also, because when we made that agreement, I didn't know we were going to go into negotiations on what they're willing to take, and what we're willing to have, this is an agency that does these services on our behalf, I never knew they carried that much power to tell us what we're going to do.

[1:35:57] And it's disappointing, because that was not the intent.

[1:36:01] Thank you.

[1:36:02] All right.

[1:36:04] Commissioner Gomez Cadera has indicated

[1:36:07] as I ought to speak, and then followed by Commissioner Moore,

[1:36:10] and just turns a process of some of the questions

[1:36:15] of comments that have been raised at this point

[1:36:17] are of a legal nature.

[1:36:20] And at some point, I'm going to ask the Assistant County attorney

[1:36:24] who's been involved directly in negotiations to kind of come back, given some of the dynamics

[1:36:30] of what she's heard to opin on whether or not the agreement that is before us today that

[1:36:38] has before today been a negotiated process, actually, between the county and visit Orlando and

[1:36:48] there's been some given take there.

[1:36:50] But I want to make certain that we address it because I believe that in some regards

[1:36:56] the County Attorney's Office may believe that we do have some of the protections in

[1:37:04] Confine in this particular agreement to address some of what was brought up in those things that after we hear from her

[1:37:11] that may remain unresolved and we can have that conversation as a member

[1:37:17] board

[1:37:18] Okay, and with that, I'm going to move to Commissioner Gomez Cadaro at this point.

[1:37:23] Thank you, Mayor.

[1:37:24] Thank you, Ms. Lisa, for the presentation.

[1:37:28] I have, thank you, Stu, questions.

[1:37:32] The first one, Ms. Lisa, you said about the audit that the control is doing.

[1:37:37] And in September 1st, it will be completed or that will be preliminary.

[1:37:41] Preliminary audit report.

[1:37:43] Okay, okay.

[1:37:44] It's for a fact that, you know, it was mentioned so the people who know that is in process.

[1:37:50] Okay, and then my other question is,

[1:37:57] and I don't think I discuss it with you yesterday,

[1:38:01] but you know that it was mentioned by my colleagues the four year, you know,

[1:38:07] after these four years, four years renewal.

[1:38:11] I

[1:38:15] mean, for me, you know, reading all the contract and so, it's important to know why, you know,

[1:38:25] that additional four years to go through.

[1:38:28] Why I'm saying this is because I know that they are events and things that they have to do,

[1:38:36] visit Orlando, the sport, they have to commit to, right, to application, or several events that are coming here, right, is that is this, that's why I want to have clear is, it doesn't happen, will this, you know, not be helpful, you know, for them to, to commit for, I don't know, 2021, I just want to know,

[1:39:06] Because that's important, does that, yeah, four years, so yes, they make long-term commitments.

[1:39:12] Marketing is done well in advance of where we are today, and in addition to the legal stuff,

[1:39:18] I have some numbers here that if the board would like me to share, just, I mean, please,

[1:39:25] time goes by very quickly in terms of the way that our processes work, and so the more lead time

[1:39:31] They can have for planning for the future and the markets that they hit, the better.

[1:39:36] And again, it has the board has the ability to cancel the contract with that provision.

[1:39:42] So we could set a tickler.

[1:39:44] There would be no notification.

[1:39:45] It wouldn't just happen.

[1:39:46] It's always been that way with Visitor Lando that they come before this board.

[1:39:51] This just allows us them to plan better into the future.

[1:39:55] So that's what it is.

[1:39:56] It's important for them to know that you know the contract will be.

[1:40:01] Renewal for them to commit to these events and so on.

[1:40:05] And the numbers charts that I was going to share kind of just do some scenarios. And one thing that I want to point out, in case I didn't make it clear earlier, was that in the agreement, there is an escalation clause in the second for your term.

[1:40:20] So that whatever the TTT grows by chemilatively is allocated to all groups.

[1:40:27] So the numbers that I show will show you like what SIC looks like at the end of the four-year

[1:40:32] or each year throughout the contract, basically, based on TTT growth.

[1:40:36] And then that being shared with all of the other with SIC and ARC.

[1:40:41] And then in addition to those, the portion of the pilot VO gets that they're sharing with VO and ARC.

[1:40:47] You've got your overall TDT which then will be growing and will not be allocated in just like the mayor, you know, brought this forward to the board for consideration last year.

[1:40:57] The board at that time would be probably considering how to spend those excess TDT dollars. That wouldn't be a decision made by VO.

[1:41:08] In terms of the TTT overall, so yeah, in terms of the visitor-lando portion, there is an escalation

[1:41:19] clause that as it grows as the VO 30% dollar amount grows, it gets evenly a portion

[1:41:28] to SIC and ARC in the second four years of the contract that's being presented.

[1:41:34] I don't know.

[1:41:35] I can share the numbers if you want.

[1:41:37] I've ran some spreadsheets just to start.

[1:41:38] Go ahead if you have it.

[1:41:40] If you have it, I think that's kind of similar.

[1:41:42] I did two scenarios.

[1:41:45] Can I pass?

[1:42:12] So probably going to be hard to read.

[1:42:13] So I'm just going to draw your attention to some specific numbers.

[1:42:21] All right.

[1:42:22] So this is based on a 2% growth.

[1:42:26] So, if you'll just, if I can draw your attention to the first column, after the fiscal year,

[1:42:33] column, TDT to VO, so basically based on our projections and, unfortunately, this, what,

[1:42:41] based on our projections of 2% growth and taking out the 15 million for the sports incentive

[1:42:49] and the arc for the first four years, you can see that VO's amount would be based on

[1:42:56] projections, it would be in 2025.

[1:43:00] There's one second here. In 2025 it's going to be 85.4

[1:43:05] million in 2026, 87 million, 2027, 89, 2028, 91 and up to 96. So I'm going to slide this over

[1:43:15] here to show the kind of how this impacts cumulative growth would impact arc and sports

[1:43:23] incentive. So if you look and I'm sorry for the audience who can't see the full chart,

[1:43:28] I can have extra copies if anybody needs them. But essentially in the second year of the

[1:43:34] contract, the second term, which will be 2029, the arc amount would grow by a cumulative amount

[1:43:42] of 6%, so it would grow to 5.3 million, and then 5.6, 5.9, and 6.3, and then SIC would

[1:43:53] also grow from the 10 million to the 10.6 to the 11.2 to the 11.9 to the 12.6. And so

[1:44:01] there is a growth factor built in there for those two things. And then if you go back

[1:44:06] the overall TBT. You can see that, I mean, the direction that the board gave, what

[1:44:13] did something here. The direction that the board gave to kind of give visitor land of this

[1:44:19] haircut impacts visitor land of growth, but in terms of the growth for the rest of the

[1:44:26] county's TBT, it continues to grow at a healthy percentage. I also did the same model

[1:44:35] over 8% and I'm just going to slide over to the far right there to show.

[1:44:44] So in this four year and this agreement in the second four years, you can see that there's

[1:44:49] a pretty significant cumulative growth factor and the 5 million for arc by the time this

[1:44:57] screen or be done would be 12.6 now.

[1:45:00] And the 10 million for SIC by the time this would be done would be 25.2 million. And the total TDT collections

[1:45:09] would be 574 million dollars. So I don't know if I confused or I helped to understand that issue,

[1:45:23] But what I was trying to demonstrate is that there

[1:45:26] is a provision to grow those two pots of funds

[1:45:30] in this agreement in the second four-year term.

[1:45:37] Thank you, Ms. Mason.

[1:45:39] So what I'm understanding here, you modeled a 2% growth

[1:45:45] projection and an 8%.

[1:45:47] And those were just examples of could be.

[1:45:52] And if

[1:45:58] to commissioner your rebase point, I believe what she was making was that there's no ceiling related to the growth projections or significantly more than 2% of what have you.

[1:46:20] I will tell you, we, we, the good news in our community is our tourism, it's pretty phenomenal,

[1:46:29] it's growing, with the opening of epic universe and investments that are the theme parts

[1:46:36] of making from SeaWorld to universal and Disney. It does vote well for the future historically,

[1:46:46] What we have seen any time that there was a new theme park that was open on major investment.

[1:46:54] We saw the tourism numbers go up.

[1:46:59] And so, at this point, I believe the controller will agree that in the recent months,

[1:47:08] We are seeing continued record breaking numbers of tourism, tourism, tourism,

[1:47:16] development tax of receipts, and I just saw even yesterday for the state of Florida, the

[1:47:22] governor's office released the tourism numbers for the state of Florida and

[1:47:27] Florida's numbers increase significantly.

[1:47:33] And so I do believe that right now,

[1:47:37] we can't precisely for a tale of what the future

[1:47:41] would bring.

[1:47:43] But if there's a plan, there's a floor.

[1:47:47] And where those numbers, we do not continue to pay

[1:47:52] of the rate, and if somehow the board wanted to cap

[1:47:59] of the creative ceiling, where we would not want to contribute

[1:48:08] contractually to VEO in that second-four-year term,

[1:48:15] perhaps that could be tied to CPI, you know,

[1:48:18] If we look for some kind of balance, in terms of what is in our contract, I'm just saying

[1:48:29] Commissioner your rebate, perhaps to be fair to the fair to our community, if you wanted

[1:48:36] to take the guesswork somewhat out of what the growth may be, and we simply say that it would

[1:48:45] be whatever CPI is or whatever else, if it's a lower rate, there's a way to perhaps

[1:48:57] structure that language to get to where you're talking about, just as an example of how

[1:49:05] you may be able to address that.

[1:49:08] And then if the board is comfortable with the O's budget

[1:49:13] grown by whatever, the growth percentage

[1:49:17] would be in actual collections, then that's what

[1:49:23] is contemplated at this point.

[1:49:25] And so Commissioner Gomez Cadero, since you

[1:49:28] posed the question, I just kind of wanted to interject.

[1:49:31] I think trying to understand what you're asking here

[1:49:34] and what I've heard at this point.

[1:49:36] So I'll go back to Commissioner Gomez Cadera.

[1:49:39] Thank you, Mayor. I just want to make clear.

[1:49:43] Again, four years, we knew all four years,

[1:49:46] unless the BCC would bring it up for anything.

[1:49:50] Okay. That's what I wanted to know.

[1:49:51] Because it can happen. Okay.

[1:49:54] Okay. Thank you.

[1:49:57] All right. That's exactly. So we didn't change.

[1:50:01] The Board did say that provision. That's how the current contract we just extended that same action that is still in the board's control.

[1:50:11] Okay, so let me ask, now the Citizen County Attorney, if you will come off for and you can kind of address the issue, the contractual issues that about termination, you know, there's a clause in the agreement.

[1:50:29] minutes that talks about a termination of the contract, et cetera, et cetera.

[1:50:35] Good morning, Mayor commissioners.

[1:50:37] Thank you.

[1:50:38] So a couple of points, Mayor, as you mentioned, the negotiations have been lengthy.

[1:50:45] And sometimes heated, we have had some given take on both sides.

[1:50:49] And I think, as Lisa pointed out, where we landed, we have checked all the boxes

[1:50:55] in terms of what the board directed us to do in January.

[1:50:59] Commissioner Rebase, are you shaking your head?

[1:51:01] I disagree.

[1:51:01] So let me touch on a couple of the things that I've heard today.

[1:51:05] First with regard to the ceiling.

[1:51:07] I know we've added a floor.

[1:51:08] The floor was included in the PowerPoint and in the discussion that we talked about in January.

[1:51:13] There was some language in the PowerPoint that said,

[1:51:15] we would add the $15 million cut or deduct the $15 million cut for sick and

[1:51:21] arc provided that we did include a floor in the contract.

[1:51:24] So that concept was included in the motion in January.

[1:51:26] There wasn't a concept of a ceiling because right now, visit Orlando, is capped at 30% of TTT.

[1:51:32] That's under the tour.

[1:51:33] It's well in plan.

[1:51:34] It's under the existing contract as well as this amendment to the contract.

[1:51:40] In terms of the auto renewal provision, I know there's been some discussions about that.

[1:51:44] Again, in January, what you approved was an extension of the contract to 2028.

[1:51:49] The 180-day provision for the county to terminate this agreement, if you or the county administrator at your direction,

[1:51:58] deems that continuation of the contract is not in the county's best interest, which is frankly pretty broad.

[1:52:05] You know, I would argue that that is almost the equivalent of a termination at WillClos.

[1:52:10] That has been in the contract and it continues to be in the contract.

[1:52:15] As part of the negotiations, visitor Orlando did ask us to include the auto renewal clause,

[1:52:20] and that was one of the negotiating points that we made.

[1:52:23] They gave a little, we gave a little, and it went back and forth on both sides.

[1:52:27] But that is the way negotiations go.

[1:52:29] We can't come in with a hammer and make them do what we want them to do,

[1:52:32] unfortunately because it is a contract.

[1:52:35] In terms of the arc funding, I know we wanted a $5 million guarantee for funding,

[1:52:42] as well as the 10 million for sick.

[1:52:46] We've included the floor in there as we've discussed to allow for a reduction in TDT funding.

[1:52:53] Ultimately, if they receive a minimum of $90 million at the end of the day, they'll get $75 million

[1:52:58] with that $15 million reduction.

[1:53:01] As Lisa mentioned, we've included some escalation clauses for both sick and ARC.

[1:53:07] Looking at my notes, here what else?

[1:53:11] Is there anything else mayor that you specifically wanted me to touch on?

[1:53:16] It

[1:53:20] was brought up again under Section 3 of this proposed agreement that you touched

[1:53:29] on the fact that it would come back before the board.

[1:53:35] If at the end of the four year period of time, as you indicated, if we, the board of

[1:53:41] commission wanted to not renew. We have that ability within this contract to not renew.

[1:53:51] And so thereby, in my mind, it's not automatic renewal, because we do have that clause.

[1:54:00] And I'm going to say that clause to the contract at that point. And so am I right

[1:54:11] You are correct, it would become automatic only if and when this board decides they did not want to invoke that clause.

[1:54:19] And I will add, Commissioner Gomez Cordero, you made an excellent point, which is, we have that clause in there.

[1:54:24] And the reason Visitor Lando wanted that auto renewal clause was because they are frequently marketing and selling events years in advance.

[1:54:32] They are doing multi year deals, as is the Convention Center, the Convention Center is currently booked up to 2040 right now.

[1:54:38] And as I understand it, visit Orlando is doing six years out on their events, so that would inhibit their ability to do that, which is the entire point of what they're doing for the county.

[1:54:47] So that is part of the reason why they asked for that in the contract and we thought that was a reasonable ask with that 180 day clause for the county to cancel if we think it's not in our best interest.

[1:54:57] All right, and the other issue that came.

[1:55:02] If there's a change in the floor to law to expand the eligible use of the tourist development tax funding, what the county about this agreement and some way being inhibited from being able to reallocate funding to those if there were new.

[1:55:31] expenditures that would be authorized on the floor to law.

[1:55:35] Kind of speak to that, if you will.

[1:55:38] Certainly, Mayor.

[1:55:39] And that was something we discussed with Commissioner Reba yesterday as well.

[1:55:42] There is a provision in the current 2019 agreement.

[1:55:45] Section 1.5 of that agreement.

[1:55:47] Does talk about our ability to fund visit Orlando,

[1:55:50] but it also limits it to our ability to both legally and financially meet those obligations.

[1:55:55] We also have obligations to meet our debt service.

[1:55:58] any of our bonds, any of our other agreements, all of that language is included in the contracts.

[1:56:03] So we do have the ability to, I mean, we're not, I guess what I should say is we're not obligated to pay the $90 million.

[1:56:09] That floor is simply a floor for purposes of funding sick and arc.

[1:56:13] It is not a minimum amount that we are now required to pay visit or a lando if anything else changes.

[1:56:18] I think there may have been some misunderstanding about that, so I just want to make sure that's clear.

[1:56:22] So, in your legal opinion, if the law changes in the expanded, eligible uses becomes a reality,

[1:56:35] and, by the way, having discussed this whole issue about expanding it, discussed it with our colleagues,

[1:56:48] with the Florida Association of Counties, discussed it with our local delegation in Tallahassee

[1:56:56] that bipartisan delegation discussed it with other members of the Florida Legislature,

[1:57:04] discussed it with industry experts and others. I discussed it with other colleagues from other

[1:57:18] on, at least during this session in 2024,

[1:57:21] there was really no appetite to expand the eligible uses.

[1:57:28] I don't know.

[1:57:28] We don't know what will happen in the future.

[1:57:32] Certainly, we made a noble attempt to try to get it.

[1:57:36] And we will continue to advocate where

[1:57:39] appropriate to expand the eligible uses.

[1:57:42] But I also take in mind that, because we have the blessing of robust tourist development tax

[1:57:52] receipts, it has allowed us to invest additional dollars into our arts and cultural

[1:58:04] community organizations as well as our sports incentive and all of those investments

[1:58:12] are making significant returns on that investment into our community, the proof was in the

[1:58:18] putting this year in 2024 with some of the major supporting events that we were able to capture

[1:58:23] here from U.S. Olympic Marathon trials to the, we had the provol that was here, a number of soccer

[1:58:34] major soccer events and other things that happened within our community and I think that

[1:58:40] those well for us. So any comment on what you see in that regard?

[1:58:54] So, Mary, I think what I would leave you with is that based on the language that we have in the existing agreement in section 1.5.

[1:59:00] I think we have some flexibility, but obviously as a lawyer, I'm not going to give you an absolute until I've seen what the legislature does and what the absolute language is.

[1:59:08] I can't give you an absolute definite today, but I can tell you that the contract provides some

[1:59:13] flexibility in terms of what we have in our tourist development plan and what we budget

[1:59:17] for with our TDT.

[1:59:19] And Mayor, that also the point, at least it was making earlier, which is to say that the allocation

[1:59:26] of visual window is not the only pot that may be available to the board, that if indeed the

[1:59:32] TDT contains the performance it is or goes over time, those are the dollars that would

[1:59:38] available to the board to make whatever decision they like to make in terms of what's legally

[1:59:43] available to the board at that time.

[1:59:45] So I think that was other point that she was stressing that the board, again, with growth

[1:59:50] and as we've seen so far, but obviously we still only have the halfway end, but with that

[1:59:56] growth and the TDT, those discs were dollars.

[2:00:00] Our bill would be available to the board for further analysis as well. It's not just about the money that's allocated to the bill.

[2:00:09] Okay, which we don't allocate. The point you're making is we don't allocate 100% of our TDT revenues to visit Orlando. We allocate those funds to other purposes and that will continue.

[2:00:24] under the current negotiated language.

[2:00:28] The Board of County Commission does have that control

[2:00:32] and that authority to meet the decision.

[2:00:36] There was also another issue that came up

[2:00:41] and that was regarding strategic direction

[2:00:45] that would be given to the visit on land

[2:00:47] So from a branding perspective,

[2:00:55] there really is a reason why historically we have contracted

[2:01:01] with the tourism marketing arm, you know, it had been known by different things over

[2:01:07] the years,

[2:01:11] but the industry, you know, it's very complicated if the person

[2:01:17] who would be quoting those who would be contracting to come to our community with their conventions,

[2:01:27] conferences, and other things.

[2:01:30] That quoting process is a fairly unique process where we really don't want to limit ourselves

[2:01:40] because we're having county staff or employees engaged in that.

[2:01:46] There are sometimes confidential conversations in that negotiated process to get to the

[2:01:52] point where you have a contract that has to be protected otherwise we would inadvertently

[2:01:58] make ourselves vulnerable to the market space, both the national and the global market space

[2:02:06] and how we negotiate that and because of Florida's very broad sunshine laws, public records

[2:02:15] laws, and the like, we need an entity other than a governmental entity to do the work

[2:02:23] that is being done by Visitor Alandum.

[2:02:26] And I think the wisdom of prior boards and even this board to contractually in and into an agreement with a non-governmental entity is the right thing to do.

[2:02:41] And we should continue that.

[2:02:45] So remember that they are a separate entity.

[2:02:49] They are legal entity, and while they derive much of their funding, their budget from the county,

[2:03:00] that is why we enter into this agreement and we have as much to say about this as we do,

[2:03:05] because they are so heavily dependent upon our funding, but they also do receive some other funding,

[2:03:13] and in this agreement we want the dollars to be kept separately.

[2:03:17] I know the controller has engaged in conversation with

[2:03:23] visit Orlando to get comfortable with their investments

[2:03:28] and where they park or deposit funds that are a derivative

[2:03:36] of a county tax period dollars so that we do protect our

[2:03:41] interests through this contractual agreement with them. Within this agreement, they have agreed

[2:03:50] to follow guidelines that have been established by the controller. I've had conversations with

[2:03:58] the controller. Regarding this issue, I've had a conversation with visitor Orlando regarding this issue

[2:04:04] And through a negotiated process, they have agreed to change some of those investment and

[2:04:14] depository types of decisions that they make to the benefit of the county.

[2:04:21] And so some of that you can't see from where you sit if you don't know how we got to the details

[2:04:31] in this agreement. So I do appreciate both sides, our staff, their well-experienced. This is in the first contract,

[2:04:42] the all that they have negotiated. We have decades of experience of negotiating in these contracts.

[2:04:50] And I have to say thank you to visit Orlando. This has been a painful process for them as well.

[2:05:00] To get to this point, so overall, I believe, we have reached a point where there is general consensus about it. I realize that it may not be 100% for either party, but I've had conversations with the control about his, his level of conflict.

[2:05:22] And overall he expressed general consensus about the level of conflict with perhaps one

[2:05:31] on exception.

[2:05:32] And I won't put words on his mouth, but I'll come back to the control on that.

[2:05:38] But since we have members of the board who still want to jump in, I'm going to go back

[2:05:45] to Commissioner Moore.

[2:05:47] And then we'll go to Commissioner Eribe, Commissioner Vonier, and then finally the Commissioner Gomez Cadero, and then I'll go to the Comptroller and see if we have anything remaining to discuss, if need be I'll give a visit or land, I'll see the opportunity to come forward and make any comments as well after that.

[2:06:13] So with that Commissioner Moore.

[2:06:15] Yes, I can agree with you.

[2:06:16] This has been a painful, difficult, long process.

[2:06:20] I know pretty much everyone in this board really has wanted to fund more into the

[2:06:25] ARC fund, so I'm hopeful as the fund grows we can continue to add more money there

[2:06:30] and I've been involved with the application on the periphery, and very proud of the

[2:06:35] group that came together to apply behalf of Eatonville for the African American History

[2:06:40] Museum.

[2:06:41] And I know, Vizorlando was intimately involved in trying to put that brochure together.

[2:06:47] And so it's my hope as we move forward that Vizorlando will promote if we get that museum.

[2:06:52] We're going to promote that entity.

[2:06:55] We finally seen some other of our municipalities are smaller, unacorporate areas of flying for

[2:07:02] these funds.

[2:07:03] And that's really what we were trying to do in the context of what the legislature

[2:07:07] allows us to do and so I just wanted to say I think it's really it's time it's time

[2:07:14] to move on and and deal with a lot of the other issues that this board has to deal

[2:07:18] with and with that Mayor I'd love to to call the question all right we still do have

[2:07:27] some questions hope before I call it I will hear from my colleagues commissioner

[2:07:32] your rebate. Thank you, Mayor. Actually I appreciate everything that you said in the

[2:07:37] questions that you brought up. It's very interesting how Tallahassee actually

[2:07:41] tried to take away our power as a local elected body to even limit us and

[2:07:47] tie our hands on how we could spend the funding that we collect here and have

[2:07:52] brought on visit Orlando with an agreement. So it makes you say, what? Why so much

[2:07:57] And one of the things I know you wanted to ask, but

[2:08:02] Comptroller Diamond, you had, there was a statement that was put out where the numbers came back higher in April.

[2:08:08] And the best thing that Lisa gave us were these projections.

[2:08:14] Do you all have the same agreement of where these numbers are as far as going forward with the two presentations that we've been given?

[2:08:31] It's miles back.

[2:08:33] Miles, if you can turn on Commissioner Correction, Control of Diamonds, microphone.

[2:08:45] He's someone.

[2:08:47] He's someone.

[2:08:47] He turned it on.

[2:08:52] Okay.

[2:08:52] That's better.

[2:08:54] Okay.

[2:08:55] Well, and just to be clear, when you say we are on the same page as far as the numbers, what numbers

[2:09:03] I mean, I know that these are conservative collections that are here, but we've seen that it's actually accelerating more than what was expected and even coming out for the Memorial Day and with the opening of New Park more hotels and so forth.

[2:09:18] These numbers seem a little conservative, but I didn't know if you all had the same trajectory going forward.

[2:09:25] Um, I think first of all if you say, well, how have we done, you know, we just reported

[2:09:32] the March numbers and March is the halfway point through our fiscal year, six months

[2:09:37] in, and March was a really, really good month, no question about it, and I hope we get many

[2:09:45] more like that, but even after adding March into the mix, we're about flag for the six months

[2:09:54] this year. Because we had, I think, eight months where we went down. And...

[2:10:00] March, pull us back to break even, and, you know, I think, I think with March and the timing of the vacate of Easter, and spring vacation, I think March took some of April's business, and I would be surprised if you had that.

[2:10:20] I'd be surprised if April was an up month, as far as the rest of the year I hear conflicting things and time will tell.

[2:10:33] Yeah, appreciate that.

[2:10:35] What I do realize out of all of this is basically visit Orlando says they can make it with 25% of the TDT collection.

[2:10:42] When you look at their number, they're saying 25%, so we should have gone to 25%, and then that way we would have, well you wanted 25, I thought that was a little too low.

[2:10:52] They can make it on 25%. So their floor is 25% of the TDT collection.

[2:10:58] So when we talk about painful, I don't constitute this as painful because when we see what's going on in our community and our housing and transportation crisis,

[2:11:08] tourist development tax collection is not in the same window of painful for me, but I do

[2:11:14] appreciate, but even when we talk about these in four years from now, the amount of funding

[2:11:21] that we're talking percentage wise compared to what is collected. It's, it's outstanding.

[2:11:27] I mean, if we want to go with these numbers and we want to give them the floor, then why don't we do

[2:11:32] 26% and call it a day and then everything extra goes to ARC because at the end of the day we're not

[2:11:38] They're saying that's what they need 25% is what they need to make it for them to agree to give us the funding for sports in ARC

[2:11:47] So why don't we make the collection 26% then you don't then there's no more floor. There's no more ceiling

[2:11:52] Then those excessive those excess funds can actually come and go to the ARC and can be done for our community because we're not seeing it now

[2:12:01] And on the process of the automatic renewal, just like they have to plan, so that we plan.

[2:12:09] So if they know their contract is up for renewal and they have to come before the Board of County Commission,

[2:12:15] that's their notice.

[2:12:16] So as they're planning, they can plan that in four years, they have to be ready to come in front of the Board of County Commission

[2:12:22] and see what issues are.

[2:12:24] I don't see again where we have to let them know that we want them to come to us

[2:12:30] to let us know what they think. If they know in 2028 they're contracts up and they're going to have to

[2:12:35] come in front of the county commission. I think that is part of their planning. So as they're planning,

[2:12:40] this is called administrative planning like all of us. And secondly, when we the budget and how that comes

[2:12:47] or for us is reading the agreement when it says they shall not go and lobby Tallahassee without our

[2:12:54] approval of the budget, we never had that yet. We know they were they were in Tallahassee. So there are

[2:12:59] things here that when we talk about planning, but ultimately at the end of the day, if we

[2:13:04] want to floor and this ceiling, which is incredibly high where we're requesting the ceiling,

[2:13:10] why don't we call it a day and say they get 26% of the tertiary development renewal and

[2:13:15] then that way they'll grow from that number. They said they need to survive. So they came

[2:13:21] to us and said our floor is 25% for us to be able to give you those funds. So why not we just

[2:13:28] make that the agreement. If that's their floor, then let that be their floor. Because you

[2:13:36] gave us these figures right here and it makes sense and it comes down to 25.5.2 is their

[2:13:43] floor.

[2:13:45] So that's the way the agreement. I mean this is a hypothetical scenario. This was purely

[2:13:50] to demonstrate what it would look like based on a growth factor. But the 25% the changing their

[2:13:56] percentage was discussed on the 23rd and the board. It didn't pass because we were told

[2:14:02] that's where we would guarantee the $15 million. But now there is a floor because that's part

[2:14:10] of the negotiation that was done. I know you guys are negotiating. Yeah, they're their negotiation,

[2:14:18] right? But when we made those requests, we did not say, okay, let's see if they'll take it.

[2:14:24] are we going to play ball? Because obviously, if this was a take back and forth, then we should

[2:14:28] have gone lower, then come back and that's the art of negotiation. But at this point, we're

[2:14:34] being told something yet. Now when it's our time to put a real ceiling, not this four years

[2:14:40] from now as long as it goes here, can we do more? And as far as planning, when you know, you

[2:14:46] have to come in front of the Board of County Commission for your renewal, you know, you can

[2:14:54] will the county commissioner or the mayor at that time initiate them coming.

[2:15:00] Before us to do this. So again, you talked about their planning side, what about our planning side, and including this in their planning process. So that's where I'm at because we're defending that side, but we're not defending our own side.

[2:15:14] I wanted to just make a circle back to on some numbers because I know the concern is if the TDT grows and then legislation changes and we wanted to fund housing or whatever that is.

[2:15:26] But, again, the amount of change in these projections based on the 8% growth that would occur

[2:15:33] between the end of the eight years, for Vio, would be 36 million versus 446 million

[2:15:41] to the overall TTT.

[2:15:43] So, if legislation changes, really, and you wanted to do something, the bigger part of

[2:15:48] money, of course, is the 70 percent.

[2:15:50] And I wanted to add, you talked about the given flow of negotiations, so that floor of the

[2:15:56] 90% there was a given take.

[2:15:58] And in fact, one of the things that we then counted with and added to the contract as

[2:16:04] a slain is, then escalator in the second term as well.

[2:16:09] So this was it, this was, in every case, in fact, of anything, the leverage was more to the

[2:16:18] because clearly they know the old recognized ultimately they have to come to the Board of

[2:16:22] County Commission that the Board of County has answered through any of this.

[2:16:26] And so anything that was there that came up in most cases, we were able to then go a little

[2:16:32] further and add other provisions to enhance the agreement for the benefit of the county

[2:16:40] or put in dollars, put in escalation, clauses as well.

[2:16:43] So I just wanted it when you were saying they just said, right, here it is, take an

[2:16:46] believe it, that was never the case. In each case there was always, there was some things

[2:16:50] important to them, and things important to the county. We all start of the L and the county

[2:16:57] started. We started with what the board approved.

[2:17:01] But I don't think it would be a board. I'm sure that because like I said, when you stated

[2:17:06] this would guarantee, but you make an excellent point. So now we're stuck with the 70% which

[2:17:10] were voting on committee. By the way, whether it's a convention center, camping world, all

[2:17:15] other projects. So really what leverage do we have? Hope that tourism does really, really great

[2:17:20] because we've sat here in Comptroller Diamond said this is what I feel comfortable saying

[2:17:24] that we can go and bond which we haven't even worked out the bonding with the city to ensure

[2:17:30] that the city does it. So now we're even handicapping ourselves even more because now we're saying

[2:17:34] well that's other 70% outside and Wendy's, excuse me. And it was said to us outside of our

[2:17:42] amendments that are required that were bonded to pay and so forth, so then we're actually

[2:17:46] tightening our arms even tighter if there is an opportunity to help this hospitality industry

[2:17:51] that can't afford to live in our town. So by committing all of our funds financially,

[2:17:56] what controller Diamond has said, so we're going to commit ourselves on this bonding financially

[2:18:00] and where we see it and we must pay our bills. So now in your saying, well, it's going to be better

[2:18:06] and that's what we're going to take the access revenue but not good enough for us to do for something

[2:18:10] Well, even if it's not, if it's reduced, if it's a percent, it's there about goes down as well.

[2:18:16] There, there are 30 percent.

[2:18:18] There are.

[2:18:19] You just said if the overall TDT does not increase, if overall TDT collections decreased.

[2:18:24] No, that's not what I'm saying.

[2:18:25] I was saying the commitments that we have under contract that we've been voting on,

[2:18:30] including the 30 percent to visit Orlando.

[2:18:33] And then after that, if there is legislative change, which we're seeing,

[2:18:37] happen more and more across the state. We've got the keys. We've got Miami. We've got all

[2:18:42] of these counties going up and advocating because they don't have enough for their housing,

[2:18:46] with their hospitality workers. But we're tying ourselves financially in contracts. We're

[2:18:51] committing to 30%. And then we're going to say anything in excess we may have available to help

[2:18:56] housing if housing ever even becomes as an allowable use. So we're committing ourselves in the front

[2:19:03] And then anything that comes in between, let's hope for a productive tourism season to be able to pay for it and to be able to offer something into the affordable housing trust.

[2:19:13] Commissioner, I just wanted to mention from a timing standpoint.

[2:19:16] We were working, obviously, we can always see different angles and take different angles, but we were working based on what the board voted for us to do, which was the 30%.

[2:19:26] And at the same time, we started working on ARC funding.

[2:19:30] We've already issued that window.

[2:19:32] So we're getting that process done because to make those ARC funds available by the

[2:19:37] new year, that process had to begin in February.

[2:19:39] So if we delay this for any reason, then just that would affect the funding for ARC.

[2:19:46] Which the ARC is 34 million in the whole because they've got a 129 million productive project.

[2:19:51] So we don't even have enough for them.

[2:19:53] So we're talking that additional five million

[2:19:56] is what you're saying that was committed to correct.

[2:19:59] Okay, I appreciate you.

[2:20:00] I appreciate all the due diligence and Senate. I'm just bringing valid points that should be discussed here, that we are talking about, and with all honesty, I mean, clearly I didn't vote for the five million, but I think that if it would have been made clear, this is our offer. We're going to negotiate and might have taken a different tone of conversation, because I think when we voted on it, it was to assume that if we played it safe and played their roles of 30 percent, we were going to have that guaranteed 15 million votes.

[2:20:30] for sports in 5 million for ARC and let's just hope things are great because that's the only

[2:20:35] we're getting it because they are making sure that that doesn't happen if they don't get

[2:20:39] their 25 percent minimum. Because that's what the numbers are good or bad or low or high around

[2:20:48] 25 percent. We're recognizing as the catastrophic there are vacations that we all experience in

[2:20:52] everyone that was the thought process that we also put funding on pause when we had the very

[2:20:57] on a traffic sphere, so that was all that was intended to recognize that.

[2:21:01] Which we also have reserves for.

[2:21:05] All right, Commissioner Bunnie.

[2:21:08] Yeah, just quickly I wanted to mention when I was talking about this strategic planning

[2:21:12] and the branding, I wasn't meeting that we should control the branding at all.

[2:21:17] I mean, the strategic plans at all of Visitor Linde was just talking about the branding.

[2:21:21] So, we had, as a board, had voted to approve, you don't know the half of it, but when

[2:21:29] unbelievably real came along, we had no say in that, it was done without us.

[2:21:33] So that's what I'm saying with, you know, just a branding campaigns that we should have

[2:21:38] some say in it.

[2:21:40] So that's all of us saying wasn't saying to just make everything public, sunshine, whatever,

[2:21:44] and all that other stuff that was discussed, that was nothing of what I was meaning.

[2:21:51] So what,

[2:21:55] so I want to go back to Commissioner Rivera, I agree with everything, you said.

[2:22:00] Just to let you know, I really do feel that this should come before the board, before it goes into the automatic renewal thing.

[2:22:11] Where, and I don't know if this even has to be in the contract, but history shows future trends,

[2:22:19] Staff won't let us know about it because they'll forget maybe they have turnover, commissioners turn over like people change and it'll be forgotten about.

[2:22:29] And the contract will just automatically renew because no one remembered to check it or to see when that deadline was.

[2:22:36] So that's where I feel that there should be something to contract saying that at this state it comes before the board.

[2:22:43] You know, so that the board can hear an update maybe from visit Orlando see how things are going and they have the opportunity to decide whether they're going to amend that contract again at that time, or going to automatic renewal and not change anything.

[2:22:56] So that's, I think, a good compromise for us, you know, when it comes to that. Again, this is negotiations, you know, we made some demands, it went to them.

[2:23:07] They made some demands and now are turned to discuss those additional demands and send it back again.

[2:23:14] The negotiation goes back and forth. This is not one time one way and then you have to decide, yes or no, or take what you get, right?

[2:23:25] So the other thing is, I have some questions on the spreadsheet, and I'm confused.

[2:23:31] There's the floor of $90,000, and from what I understood from the contract from the new

[2:23:37] negotiations, if they don't meet that 90, 90 million, I keep seeking seeing thousands.

[2:23:43] If they don't meet that 90 million, then we don't get our full 5 million, 10 million, correct?

[2:23:49] Depending on the flow of it, if at the beginning of the year, the way the contracts

[2:23:56] if the TDTS 7.5 million, they will fund the one-month portion for each month that it hits that.

[2:24:05] So that would happen and then say that like in March or something,

[2:24:08] it just completely drops and drops below the 90 million by the end of the year.

[2:24:12] They're not going to claw back what they already put into the SEC pot, as I see pot.

[2:24:16] But we don't get the full 5 and 10.

[2:24:19] Well, no, correct. You wouldn't get the full 5 and 10 in the scenario. It just presented.

[2:24:23] Okay, so I'm seeing an issue, but the numbers then in your spreadsheet, because I'm sorry, my spreadsheet is not a scenario based on

[2:24:32] or adoption.

[2:24:33] My scenario, I just did two projections.

[2:24:35] One for two percent growth and one for eight percent growth.

[2:24:38] Purely to demonstrate what those percent increases would look like if you applied the terms of this contract to this.

[2:24:46] I mean, I just kind of heard this concern for the first time last night and I came into the spreadsheet first thing this morning.

[2:24:51] but I mean we could rerun what a reduction like I've heard it concerned for the first time last night about the 90 million about just about the fact

[2:25:00] The fact that there was a concern that as it grew, it wasn't there wasn't money that was going to be going to SIC and R. So I mentioned that in our meeting, in our briefing, though.

[2:25:09] Well, I'm sorry, I missed that. I wasn't if I did. If you did, I missed that.

[2:25:14] But I think Commissioner's going to say, which is on that second column, you're seeing some numbers below 90 million or 20 million.

[2:25:23] Yeah, 20, 26, 27.

[2:25:26] But that's after the following at least.

[2:25:30] That's after they've made their contribution.

[2:25:32] That's after they've made it.

[2:25:33] On the five and ten million?

[2:25:37] But yeah, I'm still confused because they're making it monthly, though.

[2:25:43] And she said at the end, they're not meeting that 90 million, then we don't get that last payment.

[2:25:49] So they, she just confirmed they don't, we don't get our 510 to full of it.

[2:25:54] It's pro-rated.

[2:25:55] Correct.

[2:25:56] Because they get their money on it.

[2:25:57] So 26.

[2:26:02] 90 million.

[2:26:03] But over at the Ark and Sick columns, it still shows.

[2:26:06] Oh, I've been confused.

[2:26:07] They've got confusion there.

[2:26:09] This is after they've given us.

[2:26:14] and vice-bases where you see in 2026-87.4, add the 15 million to that. So that's what they get

[2:26:22] after they've made the $15 million payment. So this 87 million is taking out the $15 million.

[2:26:30] Yes. And all they have left over. Right. All of those numbers subtract out the numbers to the right.

[2:26:36] So it's the TTT, you know, the total TTT minus the 5 million and then minus whatever the number

[2:26:45] is that goes to sports incentive.

[2:26:47] Okay, so then my other question is, why are we waiting to 28 to get more money?

[2:26:55] Why don't if things are better or whatever, why don't we just start getting more in 2026?

[2:27:01] Well, that wasn't even discussed in what was voted on by the board.

[2:27:05] We actually negotiated that in as the second term of the agreement, so we added something and we added it starting in the second term

[2:27:13] But it wasn't something the board ever asked us to do

[2:27:18] In terms of negotiation of accounts and exchange of

[2:27:21] Of the renewal and I will just have one item matching up the VL coming VL now

[2:27:35] on their performance. And you all have seen them come each year. That is one of the

[2:27:39] annual activities that occurred.

[2:27:46] Okay, so, but we don't have any say in any of that. Those just don't tell us what they're doing.

[2:27:52] We have, we have for a representative that serve on the view board and our voting numbers.

[2:27:57] One or two?

[2:27:59] Well, if in the current scenario, a lot of there are 20 in the current scenario that exists.

[2:28:07] Yeah, yes, yes, yes, yes, yes, we have four.

[2:28:10] Mr. and we have four, you elect to non-elected representatives

[2:28:14] the head of the Convention Center is there

[2:28:15] and then the mayor is representative of the mayor conserv.

[2:28:19] But I have like 30 plus people.

[2:28:22] 30 plus, 33, to be exact, OK.

[2:28:28] All right, so I really do agree that we should have a ceiling

[2:28:33] and that it's because you did put in that,

[2:28:37] If they have extra funds, then they can give us those extra funds, but there's nothing to guarantee

[2:28:43] that they won't already spend those extra funds, because they set their budget, we don't.

[2:28:50] They could amend their budget, because we have no say in whether they amend their budget or not.

[2:28:54] So there's no guarantee that if they see that they have extra money, that they're not going

[2:28:59] to spend it and just be like, hey, let's just put this aside and give it back to the county.

[2:29:03] Come on in their defense. I will say when they had extra funds this year, they did come to our

[2:29:08] Controllers office to ask how they should invest those funds. They didn't just they didn't just spend them, but I

[2:29:17] Okay, let's let's try to move along

[2:29:21] Well, let's

[2:29:22] But some of the things like that we would love to see go back is that ceiling and also something that

[2:29:28] You know, it comes back to the board before the deadline for the renewals that the board is reminded at that time that they have that option.

[2:29:38] Okay, see where that goes. Commission Gomez Cadero.

[2:29:43] Thank you.

[2:29:44] I wanted to ask something based on what you were saying.

[2:29:48] Lisa.

[2:29:49] Oh, bye, I don't know, whoever.

[2:29:52] If they visit Orlando, right?

[2:29:54] So can we say that the sealant that they have right now is 30%.

[2:30:01] That is the portion of the funds that they receive.

[2:30:05] Okay, so let's see that if they make 90 million, they still give the 15 million. It will be 75 million.

[2:30:15] They will stay, give it, is that correct? Yes. So they will get 75 million instead of 90.

[2:30:23] But if they don't stop giving to the art and sports.

[2:30:29] If they get 90 million, if 30% equals 90 million, our gets 5 million and sports incentive gets 10 million.

[2:30:39] So then they will take or get or have 75 million.

[2:30:47] But still it going to be in an annual basis that they're going to check to see where they paid.

[2:30:55] Okay, okay. So that's what I wanted to know. They're not going to stop a monthly payment until the annual report was of something

[2:31:03] Well, yes, the formula is to put the funds on a monthly basis and into the fourths incentive fund

[2:31:11] Okay, based on heading hitting a 7.5 million per month. Okay, and then there's a true up at the end of the year

[2:31:17] But the true up works in the favor of the county and that as I mentioned earlier if if at the beginning of the year

[2:31:24] whether it's hitting the mark in the end of the year or something goes wrong, they're not

[2:31:28] going to claw back those funds. However, if they hit the mark and then it dips, but it

[2:31:35] evens out to 90 million, then they would anything that they hadn't committed to sports incentive

[2:31:42] would then be screwed up and put into the sports incentive fund to bring it to the 10 million

[2:31:46] if they have the 90 million on an annual basis.

[2:31:51] Okay, got it. Thank you.

[2:31:53] Thank you.

[2:31:56] Okay, I'm going to give Ms. Mate.

[2:32:01] If you would like to come to the mic to address anything that you've heard at this point, you certainly can.

[2:32:11] Thank you, Mayor and commissioners and comptroller. Thank you so much for this time.

[2:32:15] I just wanted to say it has been a multi-month process and in good faith, this Orlando, we went into discussions and really our approach was reviewing the January 23 meeting and looking at all the items that you approved and we feel confident that we've been able to do so and I just want to say thank you all and to the staff that we're in the meetings.

[2:32:40] And as Whitney mentioned, there were some times that we didn't always agree, so we're glad

[2:32:47] to be here so we can get moving forward to what our mission is and bring visitors to our

[2:32:52] community.

[2:32:53] Thank you.

[2:32:56] All right.

[2:32:57] I'm sorry.

[2:32:58] I'm not saying.

[2:32:59] I see no other question about remember the board.

[2:33:01] There's a motion on the floor in a second, I'm going to call the question at this time.

[2:33:07] Mayors?

[2:33:10] Mayors?

[2:33:10] I want to clarify one point, your request of action is as amended, at least I had mentioned earlier there's a change that needs to be made.

[2:33:17] We are referencing exhibit B in section 2.10.9 of the agreement that needs to change to exhibit C and then the exhibit B that is attached needs to be exhibit C.

[2:33:27] I just want to get that in the record for the clerk's office.

[2:33:29] That's simply the investment.

[2:33:31] The list of investments.

[2:33:33] Is that simply the list of instruments that could be invested in?

[2:33:38] That's all.

[2:33:40] I'm just changing the label on the exhibit because we already have an exhibit these days.

[2:33:44] Okay, and I know that that occurred as a result of some input by the controller.

[2:33:49] All right.

[2:33:50] All the people that have been known were saying aye.

[2:33:53] Aye.

[2:33:54] Aye.

[2:33:54] I suppose no.

[2:33:56] No.

[2:33:57] No.

[2:33:57] Okay, the motion passes and it's the three to two.

[2:34:03] With that, we will move forward with our dinner this time.

[2:34:08] Thank you all for your presence.

[2:34:12] I'm going to call on actually the next item A1 is going to be postponed to July 30, 2024,

[2:34:26] at the request of Commissioner Wilson.

[2:34:29] So we'll have that work session.

[2:34:32] That time hopefully that would give her the opportunity to be present and participate in that conversation.

[2:34:37] And the next item, then, that we move forward with at this time, we're going to ask

[2:34:43] President Lyndy Wolfe, a manager from our utilities engineering division to come forward

[2:34:48] to make a presentation regarding the septic tank work group.

[2:34:52] This particular item is not something that will require action to do.

[2:35:00] Today it's an information that I and I'm primarily and to get some feedback from the Board of

[2:35:06] County Commission and with that Ms. Wolf, you have recognized at this time.

[2:35:11] Great, thank you for morning Mayor's missioners. I'm here to come back with our final

[2:35:20] specific tank policy recommendations. We also have many of our team members here from our

[2:35:25] group in the audience here. These are the same recommendations we brought back in 2022.

[2:35:34] Just now we know the limits of the vulnerable areas. And so those are where our recommendations

[2:35:41] apply in the county PDAs and the WCAFAA. So I'm going to go over to quick background policy

[2:35:49] considerations, recommendations, stakeholder engagement,

[2:35:53] next steps in schedule, summary, and policy direction

[2:35:58] for concurrence of our staff recommendations.

[2:36:06] So Orange County has a variety of water resources, including

[2:36:11] major lakes, outstanding florist springs, wild and scenic river,

[2:36:18] outstanding florida waters, and head of the Everglades.

[2:36:23] As you know, natural water quality of a resources can be impaired by nutrients, excessive nutrients, phosphorus and nitrogen.

[2:36:33] Because over a bunch of algae, it can reduce diversity of plants and animals and can cause fish kills.

[2:36:40] Conventional septic systems, they can provide effective wastewater treatment when used in the right locations and right densities.

[2:36:47] Typically septic systems are used in rural areas, or we're central sewers not available.

[2:36:53] And they should be located as safe distance from water bodies

[2:36:59] and hands or advanced

[2:37:01] septic systems.

[2:37:02] They provide higher nutrient removals than the conventional systems, meeting 65% or more

[2:37:07] nitrogen reduction.

[2:37:10] These systems use aeration, recirculation, or other methods to filter the effluent, and this

[2:37:17] is showing an ATU and aerobic treatment unit, but there are other types of systems that can

[2:37:25] that is a bio-filter in the septic system drain field.

[2:37:32] So the septic tank work group was

[2:37:36] comprised of staff and multiple

[2:37:38] kind of departments and FDOH.

[2:37:42] We have the goal of protecting the most vulnerable areas from excessive

[2:37:46] nitrogen associated with conventional septic systems.

[2:37:50] As you know, we had previous BCC work sessions.

[2:37:54] The first work shop in 2022 introduced the work group to the board

[2:37:58] Then we had four subgroups following that, that had our all of our preliminary recommendations.

[2:38:05] Then last year we brought the GVA, which identified the PVA's, the areas that are most vulnerable,

[2:38:15] the groundwater and surface water, most vulnerable, to conventional septic.

[2:38:22] And we applied, like I said, the same 22 recommendations.

[2:38:28] Recommendations to those vulnerable areas, we had individual briefings with you all last year before going to this stakeholders with these same recommendations.

[2:38:41] So before the work group was formed, the Wakayla and Rob Springs Basin Management Action Plan already had identified the spring, the PFA as the vulnerable area and had already required enhanced systems for new development, less than one acre in that purple area.

[2:38:59] on the map. They also have a requirement for no repairs to conventional systems. That has not yet been enforced by the state.

[2:39:13] And then after, you know, about midway through after our recommendations, we had last year the House Bill 1379,

[2:39:19] came in with B maps and PRPs and this is requiring lots one acre less for new development

[2:39:29] to also have the 65% nitrogen removing systems. So all of the colored areas you see on

[2:39:35] the map, those are all of the B map and PRP areas where this would apply. It covers more than

[2:39:42] percent of the county and with it's similar to the PFA requirement

[2:39:49] except there's no upgrade requirements for this for these areas currently.

[2:40:00] With our GVA, we had identified the areas that were outside of the PFA that were most formable, and we are now

[2:40:09] including the PFA and the PVA as the vulnerable areas that are recommendations applied to.

[2:40:18] So the GVA, if

[2:40:21] followed the same data-driven methodology that the state used to identify that will

[2:40:26] kywa PFA. And it has groundwater models to determine the zone of influence for the water

[2:40:35] bodies to identify those PVA's.

[2:40:40] So moving on to, well, this is the map showing all the PVA's

[2:40:45] from the GVA. You see in blue, those of the PVA's look like, like, rivers.

[2:40:56] Moving on to policy

[2:40:57] considerations,

[2:41:00] fear and green dots, you can see the existing

[2:41:02] septic systems that are in the locality of A, and in red, you can see

[2:41:07] the existing that are within the county PVA's.

[2:41:14] So we are not recommending any policy changes for existing systems.

[2:41:19] We know the state is leading this issue in the PFA, and we recommend following their

[2:41:24] direction.

[2:41:29] In the locality of A, the state is providing grants,

[2:41:32] to partially offset costs for septic to sewer and septic upgrades.

[2:41:37] Those projects are $75,000 per lot for septic to sewer and $25,000 for upgrades.

[2:41:45] So the county TVAs may also be eligible for state funding.

[2:41:48] We know there's water quality improvement grants that we could be eligible for.

[2:41:54] So subject to funding, we would consider expanding those initiatives to the TVAs for the existing systems.

[2:42:04] And this shows, and now as this we did with vacant parcels in the vulnerable areas, when we looked at distance to our existing infrastructure to determine, you know, our current requirements, are the acceptable to we change them.

[2:42:21] So what we looked at for new development, we looked at flows that are less than two years, less than an equal to two years.

[2:42:29] single family home, the duplex or low flow commercial. The current requirement is

[2:42:34] connecting to sewer if there's a fronting gravity main. The new recommendation

[2:42:39] is to also require connection if there's a force main. So this additional cost

[2:42:45] would be about 5,000 to 15,000 to go from the septic to a grinder pump station.

[2:42:55] This table shows some comparisons of utility providers in the area related to the distance

[2:43:03] to sewer, and here you can see we're in the middle there, we're mostly more stringent

[2:43:10] than the state requirements, except for industrial we do follow state statutes. For subdivisions

[2:43:16] we are four times the distance for the state, and for commercial we are currently double the

[2:43:23] for the state. Now, we are only looking at increasing the commercial distance from 100 to

[2:43:30] 600 and that would put us only, you know, less than than one other provider of shown here.

[2:43:41] So those flows that we're looking at are the higher flows that would be required to extend

[2:43:48] up to 600 feet rather than the current 100 feet. And those are in this only in the vulnerable areas

[2:43:55] again, this additional cost to go from the septic to the grinder pump is about 6,000 and

[2:44:03] that 500 feet of additional pipe is about 54,000 dollars. So up to that amount, if they

[2:44:11] have to extend the full additional 500 feet, or it would be less if the pipeline is closer.

[2:44:18] And we estimated this is based on a 4-inch force main, which is about a hundred-naked

[2:44:23] dollars per foot.

[2:44:28] So we're sure it's not available for new development.

[2:44:32] We also recognize that we need to protect the KVAs.

[2:44:38] So we want to follow the states requirement that they have in the B-maps to require enhanced

[2:44:45] accepting systems, meeting the 65% reduction.

[2:44:50] This is already a state requirement in all of the purple shading on the map, so that's

[2:44:57] about 60% of the county.

[2:45:00] And then the majority of our PVA is actually 70% of them are within those B maps, so they are already covered by the state requirement.

[2:45:07] We would be just looking at basically the 30% kind of central and east, those of the PVA that this would apply to.

[2:45:16] So we're also considering we do get very inch requests for septic systems to be less than our setback requirement to a water body.

[2:45:26] And that may happen when the developer has a site constraint.

[2:45:30] They want to go down to the state's minimum 75 feet.

[2:45:34] This code requirement would allow us to require enhanced septic systems

[2:45:39] with an 80% nitrogen reduction for any approvals of those variants in quest.

[2:45:46] This additional cost is about 10 to 15 to go from a conventional to enhanced septic.

[2:45:55] So, summarizing those recommendations, we have new development and vulnerable areas are the two

[2:46:03] co-changes that we're proposing grouped into sewer connection requirements and enhanced

[2:46:08] septic requirements in the PFA and PDAs.

[2:46:13] Here's broken out by flows for sewer, the lower flows would be connecting to additionally

[2:46:19] the force main, the higher flows would be more increased by 500 feet extension, and then the

[2:46:27] hands we have the 65% in the 80% for the setback variance.

[2:46:33] For existing septic, this would not require any co-changes.

[2:46:36] We would continue what we're doing with the septic disobey or septic upgrade incentives

[2:46:41] or initiatives in the vulnerable areas when funding is available.

[2:46:46] And we identified we would need, we're working on this agreement with the EEP for enforcement

[2:46:52] of the counties, requirements that are more stringent than DEPs.

[2:46:57] And this would help to eliminate staff efficiencies so that we're not duplicating efforts

[2:47:03] and resources for a review of permits, and as FDEP is the permitting authority.

[2:47:11] We also identified a need for county ordinance for the proposed code changes for new development.

[2:47:22] So this is the list of key stakeholders we identified and we've reached out to all of these groups.

[2:47:28] I'll see make your state-in-cheese agencies, municipalities,

[2:47:32] have to take industry, development community, environmental groups, or which county residents.

[2:47:38] And this is the outreach that we've completed.

[2:47:41] So, last year we had the GVA website went live in June, then the end of the year we had the

[2:47:49] ATC meeting earlier this year.

[2:47:52] We presented it to the DAV, the SAP Gova, and then February, the MCBC, the PCC,

[2:48:01] Sceptic Tank Work Group, and Upgrading Center's website went live as well in February.

[2:48:07] that was live before our webinar we had and at that webinar we had 150 attendees from members

[2:48:17] from all of the different stakeholder groups were in attendance.

[2:48:23] We had more than 30 pre submitted questions that we answered live at the webinar and we

[2:48:29] also took questions live through the chat.

[2:48:32] We presented the resources there and we've been

[2:48:37] fielding questions through our emails since that

[2:48:42] webinar.

[2:48:45] Majority of stakeholders supported our recommendations.

[2:48:50] And I did want to point out a couple of things that we

[2:48:55] did receive, you know, other feedback we did receive.

[2:49:00] I wanted to note, at the PZC, we were asked why not require

[2:49:03] enhanced septic systems for the entire county.

[2:49:07] Our response was, and is that we fell

[2:49:09] at a science-based approach to identify

[2:49:12] the most vulnerable areas of the county,

[2:49:15] outside of the PFA, which are the TBAs.

[2:49:19] The stage is requiring enhanced systems

[2:49:20] and 60% of the county, B maps and PRPs.

[2:49:25] Outside of those B maps, the GVA identified PBAs

[2:49:30] as the most vulnerable areas.

[2:49:32] In other areas of the county, conventional septic systems can provide cost-effective wastewater treatment.

[2:49:39] We also had some concerns from a master septic tank installer after the webinar.

[2:49:45] However, when I clarified that our requirements for enhanced septic, we'll follow the same standards

[2:49:50] as DEP, FDA requirements for the BMAP.

[2:49:54] The installer was no longer concerned and did support our recommendations.

[2:50:00] So, these are the resources that I had mentioned, our websites and email addresses. We use using with our stakeholder engagement.

[2:50:12] And so, our next steps in schedule include drafting and ordinance.

[2:50:16] All right. I hate to jump in.

[2:50:18] Yes.

[2:50:19] But Mother Nature calls also, let's pause for a restroom break for 10 minutes and then we'll come back and have you, I can't do your wrap up.

[2:50:34] I'm sorry.

[2:50:36] Because of our reduced board presence today, we have to, you know,

[2:50:48] So we've kind of been going at it for the last three hours or so. So what what that we're going to take a brief

[2:50:55] Resural break and we'll return in 10 minutes. Yep, I'm trying to get it quickly, but okay

[2:58:21] To read join in us now on May the 21st, 2024, after brief recess, we are now re-engaged with the Orange County Board of

[2:58:31] County Commission meeting. We're still in the morning portion of the meeting. We are going to have the summary and wrap up by

[2:58:40] And then the Wolf from our utilities division regarding a presentation for the septic tank work group policy recommendations and with that this Wolf you are recognized.

[2:58:54] Great. Thank you.

[2:58:57] So moving to our next steps in schedule.

[2:59:00] We have, we're looking to draft the ordinance for chapter 37 for new development changes bring that back the summer for discussion and then public hearings this fall at the relevant boards coming back here for the final public hearing.

[2:59:20] And just to summarize what we've already gone through here today,

[2:59:24] conventional septic systems came provide safe effective ways for treatment and non vulnerable areas.

[2:59:30] We recommend more standard requirements to connect a sewer or upgrade to enhance septic systems for new development and vulnerable areas.

[2:59:37] We do need code changes for those proposed new development recommendations.

[2:59:43] We did meet with stakeholders to discuss the recommendations and the ordinance would be needed to implement these recommendations.

[2:59:54] And so we are looking, staff is looking to prepare an ordinance to implement those changes.

[3:00:00] We are requesting your concurrence of the following recommendations. The first two, this is what you have already seen previously in the recommendations slide. The first two are for new development. These would be the only code changes.

[3:00:13] The increasing sewer connection requirements for the different flow amounts, requiring handsept assistance for the two different scenarios.

[3:00:20] and then existing septic systems we would continue what we're doing in the PFA and expand

[3:00:27] the PVA's when funding is available. We recommend leaving the existing systems alone

[3:00:33] and following the direction of the state. And so with that thank you and I'm available and

[3:00:40] other members of our work group are here for any questions. Okay there may be some we do have a

[3:00:46] of commissioners who have pressed their button indicating a desire to speak, we're going to

[3:00:52] start with Commissioner Emily Bonilla.

[3:00:55] Thank you.

[3:00:56] Definitely a lot of work has been done on this and love data gathered to thank you for all

[3:01:01] the hard work.

[3:01:02] I do have a question for the properties that are in the urban service area that are on

[3:01:07] sector tanks now and it's there in a more dense area and they want to

[3:01:13] change to sewage. How do we go about that? Are there any plans for that?

[3:01:21] So, if there's an existing development on septic in the service area, then we'll

[3:01:25] for instance, yeah, my district, I have a lot of areas that are in the urban

[3:01:29] service area and it's an urban dense area, but like the entire street is still

[3:01:34] on septic tanks and you know, the residents, some of them by how to

[3:01:40] don't realize it and they don't know how to manage it. But how do they get on to

[3:01:45] sewage? Okay, so you're speaking of a subdivision, residential neighborhood. These are

[3:01:50] older neighborhoods that aren't really in HOA's or some subdivisions, but it is a

[3:01:54] residential. Yeah, so that would fall, you know, if they're in a PVA, they could be

[3:02:03] eligible for funding for septic to sewer and basically we have a retrofit policy

[3:02:09] where there can be an MSBU for the residents to vote but basically if we get funding the county can contribute if there's other funding available but it would have to be, you know, a case by case look at the area is it in the PVA, is it in a B map?

[3:02:35] And also there's many neighborhoods that same way that you're talking about.

[3:02:42] For the PFA we've done a feasibility study already.

[3:02:46] So we have sort of priorities, you know,

[3:02:49] we're starting at closest to the springs for retrofits and, you know,

[3:02:53] going away from that, but starting closest.

[3:02:57] So the PVA's, we have, we know where the existing conventional systems are

[3:03:03] in those locations, but we don't have a feasibility study yet to really prioritize

[3:03:08] what areas and if funding is available, that it would all depend on funding availability.

[3:03:14] Okay, so if there's a new development, because what I'm also having issues with is let's say in

[3:03:19] that neighborhood, one of the homes they sell it in the developer comes in, they want to now put a

[3:03:31] because they're stating that the pipes are too far away, but yet this is an urban service area.

[3:03:38] Well, yeah, we do have the connection requirements.

[3:03:43] For a single family home, the current code is they just have to have a gravity main

[3:03:47] fronting them. They do not have to extend anything offsite.

[3:03:52] What we're recommending is if there's a force main there, they can also connect with the pump station.

[3:03:57] So, they can always extend further, but our requirement, but we don't require them to.

[3:04:06] We don't require them to, though.

[3:04:09] If the pipe is fronting and they have a new development, we would require connection.

[3:04:17] And if sewer is available,

[3:04:22] they likely could not get a septicine permit for a new system.

[3:04:27] But existing, there's no requirements to upgrade to connect the sewer or enhance outside

[3:04:38] of the PFA right now, and that's still not in force yet, I think.

[3:04:42] Okay, so I guess my question is, are we looking to have future more conversations on,

[3:04:51] you know, getting the services to all of the urban service air at some point for sewage?

[3:05:00] I think this is more of a question for the mayor and the county administrator.

[3:05:06] Well, I'm going to ask utilities to come for it. This is a difficult question and some regards, because it is costly. We do not have the funding to deliver all of the connections that will be needed to transition all of the areas that need to transition.

[3:05:29] from septic to sewer one, it is a cost prohibitive to do it for the entire county.

[3:05:37] So what staff is saying is that we have to prioritize that.

[3:05:42] And yes, there are some available dollars from the state.

[3:05:46] And we're able to get any federal dollars to couple those dollars

[3:05:52] with our county plan, budget plan to gradually get our entire county transition, but we're

[3:06:02] talking, I don't know, decades probably, for that to happen.

[3:06:08] And so we don't want to create the undubered, no individuals who have lived in the homes

[3:06:14] for an extended period of time, who have functional septic tanks.

[3:06:20] But conversely, we are committed throughout sustainability playing a long term to transition

[3:06:27] in the entire county.

[3:06:29] So with that, we'll see if utilities has anything else to add to it.

[3:06:35] So Commissioner Mayard, I think you hit it right on the head.

[3:06:40] It would cause billions of dollars to retrofit all of our septic tanks in Orange County.

[3:06:44] And what we have done in the Wakava Springs area,

[3:06:49] because it is the most vulnerable areas to septic tanks.

[3:06:52] That's where the state started with the Wakawa PFA.

[3:06:58] And in that area, the state has issued a lot of funding.

[3:07:06] Throughout the state, the agencies have done in areas where the springs are vulnerable,

[3:07:12] provided for grants to do those retrofits.

[3:07:14] But even in these areas, we are only able to

[3:07:18] the county code.

[3:07:20] We're only financing 25% of the cost of those retrofits

[3:07:23] are very expensive.

[3:07:25] And the state is financing like 65% of them.

[3:07:28] And even at that point, we're still getting the MSB

[3:07:32] use where the residents actually vote to pay.

[3:07:35] And they were between 10% and 15% of the cost.

[3:07:39] And so, and even at that rate,

[3:07:40] We are doing $150 million worth of projects and is a little over 2,000 septic tanks and we have, you know, more than 50,000 septic tanks in Orange County and this is taking us, you know, almost a decade to do these 2,000 septic tanks.

[3:07:57] So even with the entire funding from the state, which is, you know, 65% of it, we're going at that pace.

[3:08:06] So just like the mayor said, friends are feeding the entire county, all the septic tanks,

[3:08:12] especially since the science is not there yet, where the aquifers are being affected.

[3:08:19] I mean, the reason we're doing it in the Wacauva Spring series, because the state has looked at the nutrients impacting the aquifers.

[3:08:30] But that's why we did a vulnerability assessment, and we found out the most vulnerable areas throughout the county,

[3:08:38] the most vulnerable areas where our streams, our water resources are vulnerable, and we have focused that in these presentations.

[3:08:47] So, we are going to do a feasibility to be able to retrofit, maybe start a retrofit program.

[3:08:54] Outside of a cover spring area and those most vulnerable areas, the Lindy was describing.

[3:09:00] But in a regular subdivision, where it's not most vulnerable, the residents can also come together

[3:09:06] if they want to have a retrofit, we have an existing retrofit policy, and there's funding from this from the county,

[3:09:13] depending on the income of the area.

[3:09:18] I believe it's like high income, they can self-assess,

[3:09:21] and they can retrofit their septic tanks if they want to have sewer,

[3:09:25] but they may not be funny from the state if the waters of the state are not vulnerable

[3:09:30] in that location. So it is an expensive process,

[3:09:35] and we have to prioritize where we spend those monies,

[3:09:38] but you know, solutions can always pay to retrofit their septic tank if they want to,

[3:09:42] but they're going to have to self-assess the pain on their ankle.

[3:09:46] Okay.

[3:09:47] Well, I definitely would love to make a motion on this trip for this.

[3:09:53] Okay.

[3:09:54] This again is something that requires action today.

[3:09:58] They're sharing this as...

[3:10:00] As information, I'll give a few back from the Board. We're moved to Commissioner Moore.

[3:10:06] Linda, thank you for your work. I just had a couple of questions for you.

[3:10:11] With the septic tank companies, do you envision any kind of a training program or brochure communication

[3:10:20] so that they're aware of this ordinance once we pass it?

[3:10:23] Yes, we do, we have our website already and we are doing APDs already doing some educational outreach and I think mailers within the PFA.

[3:10:36] So we would be looking to also expand that to the other vulnerable areas and have the educational component, yes.

[3:10:44] Yeah, because I note, no, but then what kind of that was sometimes an issue, they weren't as a prize of these legislative changes and how it really worked.

[3:10:54] And so that's important to have them on board with us.

[3:10:57] And then what about the grants?

[3:10:59] Do you know if the grants are being offered by FTP for the advanced treatment systems, would they be applicable?

[3:11:07] Or would they be able to be used throughout the county?

[3:11:09] Currently, they are for the Wolk Highway PFA and we are, we did apply for grants outside of the PFA and the PVA's, but we weren't successful in our first round, so we would be applying again for those, they should be eligible if they are within the B map, we could likely be eligible and we will continue to pursue those upgrade incentives.

[3:11:39] It seems like they were held, but I know in the past they were hearing about the sores so they were more interested in sores than they were the advanced treatment, but I know we have to talk that up more in the areas where that's really their only option.

[3:11:52] Okay, and then I've had meetings with EPD, are we going to be keeping up or maybe with the board when you do these reports say how we're doing our loading our nutrient loading reductions,

[3:12:06] And that's the one thing I'm still trying to get myself clear in how FDP monitors us versus

[3:12:13] our municipalities and other counties.

[3:12:15] I was just curious if we know how we're doing with our reductions compared to some

[3:12:20] of the other vulnerable areas in the state.

[3:12:24] For the B maps and the nutrient load reductions, you may not have that today, but that's just

[3:12:31] something that interests me.

[3:12:34] Just to see how we're doing compared to everyone else.

[3:12:36] I know the last round we didn't get accepted for money and I know Orlando got a small grant

[3:12:42] for a neighborhood up in the North Pine Hills area and everybody's there and about it so

[3:12:48] that's it's it's funny to hear them all fighting over the money now and nobody wanted

[3:12:52] to do it 10 years ago and so it is a commissioner to

[3:13:01] work with the community and put the

[3:13:04] together to be able to pass these ordinances. I think about in 2019 when I taught them the team

[3:13:11] process and then you know we're so busy now but that team held together and a very low income

[3:13:17] neighborhood and they passed it with a very high percentage I was incredibly proud of them and then

[3:13:24] the actual process itself is just very laborious and so I'll give you one story before I close I was

[3:13:31] finally having my first party at my house because my I can't pick on them because he's about to

[3:13:37] I'm about to have a grand baby here any any day and so I can't pick on that same son who moved out

[3:13:42] But once he did I decided to have people over and that was the day they decided to close my street

[3:13:50] It was so torn up. I mean you could hardly get down this street and here I'm having all these people at my home

[3:13:56] so it is

[3:13:58] I guess I didn't preface this for people at all in the neighborhood that's converting right now.

[3:14:03] It's a good year and a half. It isn't easy.

[3:14:06] And so when we talk about this with people, I think it's really important to talk about the science.

[3:14:11] Talk about why we do it. Pull them together as a team.

[3:14:15] And that takes a lot of work where they're not going to get through that difficult.

[3:14:20] I mean, I will say at this point, I don't have all my neighbors at my house.

[3:14:24] When I say how is it going, I know it's difficult, and they always say we knew we were going

[3:14:30] to have to do this, it's the right thing to do, we're 100% behind it.

[3:14:34] So it takes time to get to that point, so I applaud you for this ordinance, it's a long

[3:14:40] process.

[3:14:40] I did the math lindi, when you said 50,000 at 75,000 dollars a house, that would be $3.75

[3:14:48] billion.

[3:14:50] And so in essence, we just can't do all this at one time, but the work should always

[3:14:53] beyond going because pulling those neighborhoods together to be supportive is certainly a heavy lift.

[3:15:00] Whereever you are, so I would encourage you, Commissioner Benina, start working with them, because when the money becomes available, then they might be able to get it. That's what I had to do.

[3:15:10] I brought a photographer and they were all happy. We had cake and we celebrated when they did a preliminary straw poll.

[3:15:17] and I drove up to Palacca to talk to St. John Water Management, and that was with convince him.

[3:15:23] He said if the commissioner was that excited about it, the people were that excited about it,

[3:15:28] they would give us the money, and it was the hardest part to get that initial grant.

[3:15:32] So it's never too early to start talking to the people about doing it because the process is so difficult.

[3:15:40] Thank you for your work on this, and of course I would support the ordinance changes.

[3:15:45] Okay, great. Thank you. And we'll get some information to you about the BMAPs, nutrient reductions.

[3:15:55] All right, Lindy. I that that concludes the questions about members of the board.

[3:16:01] Thank you for the presentation this morning. More to follow as we kind of incrementally move the needle here.

[3:16:08] You think you just want to know me at the next step was going to warn us and want to be sure that the board was in concurrence of

[3:16:18] These matters. So we had to warn the strafting

[3:16:22] We didn't need to follow you. I'm just concurrence that

[3:16:27] The board is ready is good with that's proceeding to hold it. Yes. Okay, so we're going to proceed with this

[3:16:36] consensus around that. Okay. Do we even have here any opposition to that, so. Okay. All right.

[3:16:44] All right. Thank you all so much. Yes. All right. Thank you. All right. The next item on our agenda

[3:16:50] is a scheduled discussion item that Commissioner Benilla asked to make a report on the annexation

[3:16:57] charter amendment. But before she gets started on that late yesterday, she requested a non-agenda

[3:17:07] item for discussion today. I want to be clear. I do believe that while that is a very

[3:17:17] important issue for our community, a serious issue, I'm a little concerned about that coming

[3:17:23] before the Board of kind of commission today,

[3:17:26] because it really is neither an emergency on urgent matter

[3:17:31] that I should come before the Board today.

[3:17:36] I do believe that in a very near future,

[3:17:39] in order for if the Board decides to advance

[3:17:44] that initiative to the ballot,

[3:17:46] there's a lot of work that needs to be done.

[3:17:49] Why am I saying that I believe that

[3:17:53] It is inconsistent with the board's rules of procedure, you know, under subsection 2.0

[3:18:01] NAND within the board's rules of procedure.

[3:18:06] It gives some guidance to when we can hear non-engine items.

[3:18:12] In this case, what has been requested regarding the rural boundary and the potential for

[3:18:19] charter amendment there. It does not give the BCC adequate time to prepare for a meaningful

[3:18:27] discussion today. Nor does it give the public adequate notice to participate during public

[3:18:35] comment period when we have non-agenda items. It does not give staff adequate time to properly

[3:18:42] advised the board or brief the Board of County Commission on alternatives and our board

[3:18:48] may be like-minded in many ways but I can tell you this. It is not a monolithic body,

[3:18:58] which means that it is not one that is indivisible of a single thought. Therefore, we should

[3:19:06] And not today agree to the proposition that we should make any decisions today about whether

[3:19:18] or not we move that forward to the charter or not.

[3:19:23] And the process, there's a process by which we would have the discussions.

[3:19:29] The request as it existed day falls outside of the prescribed timeline for submitting agenda items,

[3:19:39] Commissioner Bonilla assumes that the Board of County Commission has enough information

[3:19:45] by which to direct staff to prepare a BCC driven charter amendment for the November 24th ballot of this year.

[3:19:55] I believe our position seems to be based upon the

[3:20:00] Independent work of the Chauder Review Commission and the apparent legal opinion by the CRSC General Council, Wade Vos and all, the legal opinion that was

[3:20:14] to miss a vote by the Willis firm,

[3:20:20] and there was color response that we received via

[3:20:23] memorandum to the 2024 Orange County CRC that was dated May 8th of this year, and essentially

[3:20:31] in that color response to legal opinion establishes that the rural boundary of Charter Amendment

[3:20:37] is fatal if law and valleys for law whereby the Florida legislature had been mentioned

[3:20:46] and today, the past Senate Bill 1420 that prohibits citizen-led county amendments that pre-empt

[3:20:54] land-use regulations. In short, we still need the county attorney as counsel to the Board

[3:21:02] of County Commission to research and advise us of their analysis. And so there is no emergency

[3:21:11] urgency for our BCC to take action and make any decision today. This item is neither

[3:21:19] something that is urgent or an emergency that creates a public health, a safety, a well-being,

[3:21:26] a concern for our citizens. And so to do so today by putting the cart before the horse and deciding

[3:21:33] our next course of action, which could be to advance it to the ballot. I do believe is something

[3:21:42] that falls outside the prescribed timeline for submitting agenda items. As such, we have

[3:21:50] time to slow down and think about a deliberate action if the Board of County Commission chooses

[3:21:59] to advance a rural boundary to try to amendment to the ballot.

[3:22:04] This matter may be agenda for a future board meeting date, so we can properly have information

[3:22:13] and prior to the board meeting by which to base our conversation on.

[3:22:18] This will give the Board of County Commission the due diligence to have, again, a meeting

[3:22:25] meaningful discussion pursuant to our board of rules of procedure.

[3:22:31] And so what I am asking her to do today is in her presentation regarding the agenda item,

[3:22:41] the annexation, charter amendment, commissioner, you're welcome to a little to make some

[3:22:47] statements related to what you think may be important for the rule of boundary.

[3:22:53] but that needs to be moved to another date. I'm suggesting that in order to manage our border

[3:23:04] agenda that particular item either come back on June 4th if we move it to June 4th

[3:23:12] the next board meeting it will require moving something off of that agenda because of the

[3:23:23] June 18th and talking with our staff should there be a willingness for our board to move forward

[3:23:33] with a Board of County Commission initiated a rural boundary charter amendment.

[3:23:40] We will have time to be able to have the appropriate work sessions and deliberations and

[3:23:47] receive appropriate legal opinions and or advice from the general counsel to the Board of

[3:23:53] County Commission. So we need, in this instance, we had less than 24 hours to consider

[3:24:01] this matter, again, which may be a serious, important matter, but it is not urgent. Remember that

[3:24:10] similarly, when we had conversations about the Board of County Commission, even if

[3:24:16] Johnson, a child amendment related to the Child Accounting and Transportation Infrastructure

[3:24:22] Sales Tax.

[3:24:23] We had many, many community meetings.

[3:24:28] We did surveys of our residents.

[3:24:31] We also had numerous deliberations before our Board of Accounting Commission.

[3:24:38] And even with that, even though we may have a growing traffic congestion

[3:24:45] problem in multiple issues, calls as a result of the growth challenges that we have.

[3:24:52] Even that issue was not urgent or an emergency under our rules or procedure.

[3:25:00] What I'm saying here is that in my capacity is the board chair. I'm going to hold us accountable to our existing board rules or procedure, and I believe that it has been out of order, if you will, inconsistent when I board rules.

[3:25:21] And so we will again look forward to the BCC driven charter amendment, if that is the design of board.

[3:25:31] And finally, I will say to you that, because of the enormity of the issue, a hand on plan for today, we have a splendid board that is present.

[3:25:46] We have several members to perhaps no father that own who are not present today, and they should be part of any conversation that the Board of

[3:25:56] County Commission has about advancing a Board of County Commission directed charter amendment.

[3:26:06] And so with that, I want to ask the stick to the agenda, we're not going to express to take up the non-agenda item today for the reasons that I just

[3:26:16] But that does not mean that I can't speak for members of the board.

[3:26:23] I can't speak for myself.

[3:26:24] It doesn't mean that I am not interested in the prospects of a rural boundary, trying

[3:26:30] to mimic, but it's just a non-inappropriate time today to have that conversation and so

[3:26:37] commission of Grenilla.

[3:26:38] Instead, we're going to go with the agenda item that is only discussion agenda today and that

[3:26:45] is the item that you ask to present for a commissioner's report on an annexation of the

[3:26:52] charter amendment.

[3:26:53] And with that, we can move forward.

[3:26:55] This will be the last item that we were considered before we break for a lunch break.

[3:27:02] So with that, I'm going to turn the floor over to the commissioner beneath this time.

[3:27:06] Thank you, Mayor.

[3:27:07] I would just like to say a lot was assumed because I did not intend to have any votes on

[3:27:13] rural boundary today, just a discussion, and I will read the section 2.09 nonagenda items from

[3:27:20] our Rosa procedure.

[3:27:22] Section A definition introduction of items in nonagenda items shall be defined as any item

[3:27:27] that is not on the printed agenda or any printed supplemental agenda.

[3:27:31] Nonagenda items shall be introduced only when deemed by the county mayor or another board member

[3:27:36] to require urgent attention.

[3:27:38] B, information required, adequate information shall be given to the board members on nonagenda

[3:27:43] items that are being requested.

[3:27:45] See, required vote in affirmative vote of at least five members of the board shall be required

[3:27:49] to pass a non-agenda item.

[3:27:51] That's the section for a non-agenda item.

[3:27:52] But like I said, I did not intend to have a vote today.

[3:27:55] Only discussion and direction to staff to do that research that we need to be able to have

[3:28:01] a full discussion heading up.

[3:28:02] Again, the position I'm taking is, you know, I have the five votes.

[3:28:08] I wasn't, again, I wasn't intended to take a vote.

[3:28:11] So we're not going to have the discussion today, it's a non-agenda item.

[3:28:17] I did want to ask the attorney though on the deadlines for having things to the supervisor

[3:28:21] elections to get on the ballot by the Board of County Commissioners.

[3:28:25] My conversation in emails with the attorney Nixon who is the attorney for the supervisor

[3:28:31] elections.

[3:28:31] He indicated a date of August 21st, I believe that we can stretch that to the end of August.

[3:28:37] Okay, so we have time to bring this back.

[3:28:39] Maybe in the next meeting or the next one after that.

[3:28:43] Correct.

[3:28:44] Okay, thank you.

[3:28:47] All right.

[3:28:48] So I will go into my agenda item of the annexation discussion.

[3:28:54] And I would like to say that I had done some research on this, and I had gotten language

[3:29:02] from Pinellas County and Miami-Dade County Palm Beach County, and there was a case between

[3:29:09] panelists versus the of Largo, as well, and that was all provided to all of you when I had submitted my request for this commissioners report.

[3:29:19] So definitely one of the issues that we've been having is annexation that

[3:29:26] goes on without any safe from the Board of County commissioners, which definitely causes issues.

[3:29:32] And in my research, you know, we have voluntary annexation and a charter county can have in their charter the policies and procedures of how a voluntary annexation can have it.

[3:29:51] And I'll tell you from learning from Penelis versus City of Largo Case, the mistake that they had made was that they had...

[3:30:00] Put in their charter that the board will do such and such and put that in their regulations of the policies.

[3:30:10] What the court found was that, yes, a county can put regulations and policies of voluntary annexation, but it has to be stated in the charter fully.

[3:30:22] So all the procedures for that volunteer annexation, all has to be in the charter, not just saying that, you know, the border can't commissioners can write up procedures.

[3:30:35] The procedures actually have to be in the charter. I don't think that makes sense.

[3:30:39] So that was what was determined from that court case between Pinellas County versus City of Largo.

[3:30:46] So, I proposed some language here as an example in my proposal.

[3:30:54] So, it includes, and this is from learning from some of the other annexation policies,

[3:30:58] like I mentioned from those other counties, the pros and cons of those,

[3:31:03] what we've learned from those from the research that I've done.

[3:31:07] So, the criteria is that if any proposed voluntary annexation must meet the following criteria,

[3:31:14] comprehensive plan consistency and I'm going to go through this really quickly because I've

[3:31:18] already handed this all out to you.

[3:31:20] Infrastructure impact, these we consider public consultation, requirements like notifications,

[3:31:27] so effective residents being notified, mailings of notifications, public hearings, the of course

[3:31:35] the public hearing having feedback from the residents and I will add to this too because this

[3:31:40] was in here that there should be a supermajority vote.

[3:31:44] Protection against on-clave creations as well,

[3:31:47] compact and contiguous development.

[3:31:51] And a lot of these criteria also

[3:31:52] follow some of the state statute still.

[3:31:55] Urban Service area limits.

[3:31:57] So it should be in the urban service area

[3:32:00] rather than out in any protected or rural zones.

[3:32:04] There's the exception, because some of the discussions

[3:32:07] we've had with the CRC.

[3:32:09] You know, there was concerns about the joint agreements.

[3:32:12] So the joint planning agreements are exempt from this.

[3:32:19] And it also, let me go to county review and interlocal agreements.

[3:32:24] So this proposed annexation shall undergo review

[3:32:26] by the Board of County Commissioners to ensure alignment

[3:32:29] with county-wide planning and service provision standards.

[3:32:32] So it asks for a local interlocal agreement to happen

[3:32:36] between the county and the city if it is annexed.

[3:32:40] And then from learning from other policies,

[3:32:45] procedures, and things that we do at the county,

[3:32:47] we should always have an appeals process.

[3:32:49] So I did add an appeal process in here.

[3:32:52] So the right to appeal, the appeal timeline,

[3:32:55] filing procedures, the route process, and the public hearing

[3:32:58] for that appeal process as well.

[3:33:02] And of course, making sure that there's transparency

[3:33:04] seeing what the final decision would look like.

[3:33:07] And some timelines.

[3:33:11] So definitely some of the benefits

[3:33:12] as enhanced local governance and strategic planning,

[3:33:15] greater protection for on-equipart areas of residents,

[3:33:17] and more equitable distribution of services and tax impacts.

[3:33:23] So the next steps will be just the Board

[3:33:25] of County Commissioners giving some direction

[3:33:28] to the staff to go ahead and draft this to come back

[3:33:31] the board for review of that draft and approval to go on to ballet.

[3:33:43] So, I hope you.

[3:33:49] Okay.

[3:33:51] Questions?

[3:33:52] Are my members of the board?

[3:33:57] Commissioner Moore.

[3:33:59] So, it's kind of sounds like you're taking it away from the municipality's

[3:34:02] removing it to the county.

[3:34:03] I'd like many of the notification aspects of it.

[3:34:08] So, that would be my first question.

[3:34:10] Is that the goal to remove it from the cities and move it to the county?

[3:34:13] So there's two types of annexation, involuntary and involuntary annexation.

[3:34:18] So the involuntary annexation, there's a process in the Florida statutes, so if the city is saying,

[3:34:26] I want that property in the city, right?

[3:34:29] Then they have a process for that that's delineated in the Florida statutes.

[3:34:34] And their process for that is going to the people to vote on it.

[3:34:39] So they have to put

[3:34:42] a patient as voluntary annexation.

[3:34:45] What that means is a private landowner says,

[3:34:47] I want to be in the city.

[3:34:50] So this is only covering that voluntary annexation,

[3:34:53] when it's a private landowner.

[3:34:56] And so when it's a private landowner, it's giving basically

[3:35:00] It's less stringent than what the involuntary one is, because we're not asking to go to a referendum, we're just asking for the board to say, yeah, we think this is a good idea and if we do this, we should have an interlocal agreement and then pushing it onto the city and saying, now it's in your hands, do you want to do this? And working with them. So now it puts us in a position where we're a partner with them in it, rather than it's just happening on its own without us doing anything.

[3:35:30] So if a private landowner wants to with the voluntary annexation

[3:35:34] wants to go into the city, the city doesn't even

[3:35:37] have to do anything beyond a couple of public hearings.

[3:35:40] They don't even have to do a referendum or anything.

[3:35:43] It's extremely, extremely easy, like too easy.

[3:35:46] So this is putting some guardrails in there and also putting

[3:35:51] some ability for the county to work with the city

[3:35:54] with agreements with that as well.

[3:35:56] Sorry.

[3:35:57] And Nelson's, your answer though, is yes, because in this proposal, the Board of

[3:36:02] County Commissioners has to approve the annexation though.

[3:36:06] I think that's what you, so it is saying yes, the board now, Nelson's, it's no only

[3:36:11] just the city's decision, it becomes a Board of County Commission's decision.

[3:36:14] I think that's what you are going to get to.

[3:36:16] Yeah, that really, of course, that's going to get some opposition from some of the cities,

[3:36:22] obviously.

[3:36:22] So if you calculated the opposition, you're going to get on this ordinance.

[3:36:26] So that's where all the conversations with the cities happening in CRC with the rural boundary and they're having the issue with that language of annexation.

[3:36:36] Their compromise was taken to consideration in this.

[3:36:41] So if you look at all the cities that have joint planning agreements, the majority of them are ready.

[3:36:49] So this exempts that.

[3:36:51] Does that make sense?

[3:36:52] This exempts that.

[3:36:53] So the joint planning agreements, if they already have one, like the City of Apocalypse has one.

[3:37:00] No, I'm aware, of course, I'm aware of it, because I deal with it.

[3:37:03] But I know in the case of a co-A, we have an agreement with them that they will continue to remove on claims,

[3:37:09] and that's a very collegial response.

[3:37:12] So I can't censor with a Orlando or Apocalypse, would be considered co-A.

[3:37:16] So yeah, so this exempts that.

[3:37:18] So this exempts any of the lands that are in the agreement with the Pocka or Ocoe, or the other cities that we have joint planning agreements, what exempts basically on-claves, probably, because they're in a joint use.

[3:37:30] The joint agreements.

[3:37:32] So it's if they're expanding outside of the joint use areas.

[3:37:37] Yeah, so if they're going outside of what we already agreed with them, then those lands will come into this.

[3:37:44] there's still big controversial so I just be curious you know have you caught had conversations with the

[3:37:50] cities to see how this is going to go over well this is based on the conversations that we're

[3:37:56] having in CRC okay well the cities need to be involved and do you know how many other counties

[3:38:02] have a have it flipped this way from the city going to the county three counties that I provided

[3:38:09] samples for and I believe there's another one by

[3:38:13] Can't remember what it was now that also has one.

[3:38:16] So my, I can't remember what it was now that also has one.

[3:38:16] So my, I can't remember what you said. You might be dead.

[3:38:19] Has it with this flip-up?

[3:38:20] Yes. So Penelis, my amy date in Palm Beach.

[3:38:24] And there's another one by Can't remember what the larger county's.

[3:38:27] Okay. All right. Well, I may never heard to look at it.

[3:38:29] I bet I know you're going to have some major episodes.

[3:38:36] Okay. There are no other questions.

[3:38:40] This is, I think, worthy of some discussion for the discussion, obviously, before the board.

[3:38:50] And there will have to work with the county administrator staff to kind of establish some type of timeline,

[3:39:00] a schedule to have appropriate boardwork sessions while I acknowledge a lot of meeting and meetings

[3:39:09] in time went in to the Charter Review Commission that is a separate entity from the Board

[3:39:14] of County Commission that is citizen-driven and as such we would, because ultimately, the Board

[3:39:26] of County Commission would be the decision-maker in this instance about whether or not this

[3:39:31] issue should move forward for potential charter amendment, but this board has to make

[3:39:39] certain that it is, as for me, and briefed with all the various nuances including hearing

[3:39:48] from the elected officials and others within the municipalities within our county to understand

[3:39:55] and residents, even from the unecooperated areas.

[3:40:00] So, just not ready, obviously, for decision to be made today, but this is to start, perhaps, of a much more robust conversation.

[3:40:15] And we don't have a whole lot of time, you know, with the potential for an August deadline,

[3:40:25] we'll verify with the supervisor's elections or what's the absolute deadline that they

[3:40:31] would need to have a decision about board.

[3:40:35] We'll then back up from that date to establish a schedule of informative conversations with

[3:40:43] public hearings and work sessions and the like that we have to occur to be more intentional

[3:40:49] about a decision that the Board of County Commission would make and that would include

[3:40:55] even briefings on what does exist in the cities that have been suggested and the mechanics

[3:41:08] of how it works within those cities and perhaps how long has been in place in a type of historical

[3:41:15] record about the processes, how they work, don't work, and we would then kind of move forward.

[3:41:26] So that is something we don't have before us today, but we certainly can empower the general consensus

[3:41:35] of our board at this point, we again today, because of the extraordinary circumstances.

[3:41:44] We're missing key members of our board today from being able to participate in the conversation

[3:41:50] about a board of county commission, driven, and charter amendment.

[3:41:56] I do believe that each member of the board's input is important to the discussion that we

[3:42:04] have and so we'll have to take that in the consideration and see if, you know, we all can get

[3:42:12] comfortable with it. So I will ask you the Commissioner Bonilla to work with the County Administrator

[3:42:20] on establishing a particular timeline. If that is the general consensus of the board,

[3:42:27] those present to move forward the conversation. I see Commissioner Gomez Cadero shaking her

[3:42:34] here. I know we're Commissioner Bonilla stands, Commissioner Yerebe. You want to have further

[3:42:41] dialogue, Commissioner Moore? Okay. All right. So the consensus is that we will continue

[3:42:48] a dialogue and create a decision making timeline, if indeed this moves forward.

[3:42:57] So with that, if there are no further questions or comments, then we will go into recess

[3:43:07] and return to PM for the afternoon portion of our meeting today, and we'll reconvene at

[3:43:17] Thank you all, those of you in the audience and those who are viewing who have joined us today at this time.

[3:43:23] All right.

[3:44:21] All right. Good afternoon, everyone. Let me welcome all of you back.

[3:44:24] We're live once again on Orange TV with Orange County Board of kind of commission meeting.

[3:44:29] I made the 21st, 2024.

[3:44:32] As we began our afternoon portion,

[3:44:35] I do want to share with those of you who are in the audience.

[3:44:41] I'm told that there were some people who were told that we would be discussing on the

[3:44:47] agenda this afternoon, the prospects of a chartered county ballot amendment related to the rural

[3:44:59] boundary.

[3:45:00] If you're here for that, that is a non-agented item, that is not going to be discussed this afternoon.

[3:45:08] So, I just wanted to say that to everyone. But as we begin, we are going to start this afternoon with the planning and zoning borders on an adjustment recommendations.

[3:45:20] And Mr. Taylor, it goes that, it's going to come forward and he will frame that item for us and with that we'll begin our meeting.

[3:45:27] Thank you. Good afternoon, Mayor commissioners. On May the 2nd, 2024, the Board of

[3:45:33] Zoning Adjustment heard 15 cases. 13 of those cases were recommended for approval.

[3:45:38] One case V8206-035-J Panic for cars flooring was recommended for denial. And one case V8206-036-Bavi-Meralis

[3:45:49] was continued at the meeting to July 3, but then subsequently withdrew after the meeting.

[3:45:55] The BZA appeal deadline was Friday May 17th, and no cases were appealed.

[3:46:00] We request the BCC accepted BZA recommended action in findings.

[3:46:05] All right.

[3:46:06] With that, we have a motion.

[3:46:09] I'd like to commissioner Eurebe.

[3:46:11] Second by commissioner Gomez Cadero.

[3:46:14] All in favor, let it be known by saying aye.

[3:46:16] Aye.

[3:46:16] Opposed no.

[3:46:17] The motion passes, and it is unanimous.

[3:46:21] All right.

[3:46:21] Thank you, Mr. Cozak.

[3:46:22] We're going to move forward then on our afternoon agenda.

[3:46:25] We're going to move the item A1 schedule for this afternoon.

[3:46:28] It is a public hearing regarding a petition to vacate.

[3:46:33] We're going to open the public hearing at this time.

[3:46:35] We're going to ask our Deputy Director of Public Works and his Susan Eussach to frame this issue

[3:46:41] and with that, Mr. Eussach, you are recognized.

[3:46:44] Thank you, Mayor.

[3:46:45] This is a petition to vacate.

[3:46:46] The PTV-24-01-002 from the Lyd and Nitsky on behalf of the structure redevelopment LLC.

[3:46:56] The petitioner requests that a Orange County vacate a portion of a 30-foot wide, unopened and

[3:47:00] unimproved right-way known as Avenue A that lies along the west property line of his residential

[3:47:05] parcel located in the town of Gotha containing approximately 0.09 acres.

[3:47:11] The property lies north of Parkbridge, Gotha Road, and west of Sutter Avenue.

[3:47:15] The petitioner wishes to vacate in order to add land to his property for the future development.

[3:47:20] The real estate management, environmental protection, engineering, transportation planning,

[3:47:25] and roads and drainage divisions have no objection to this request.

[3:47:29] All utility providers have also provided letters of no objection.

[3:47:32] Approval of this request will have no adverse effect on Orange County and staff has no objection to this request.

[3:47:37] Our requested action is approval of PTV24-01-002.

[3:47:43] The parcel is located in District 1, and I'm here to answer any questions.

[3:47:47] All right. Thank you, Mr. Yousak.

[3:47:49] With that, I want to ask the applicant or representative of the applicant.

[3:47:54] If you'd like to make any comments at this time on item A1, you can come to the mic.

[3:48:01] Otherwise, you can wave.

[3:48:03] Okay, he's indicating that he's waving or making any comments.

[3:48:07] with that, then we'll go to the public,

[3:48:09] are there members of the public present

[3:48:10] who should be heard on this item?

[3:48:12] We have this speaker person, this item.

[3:48:14] All right.

[3:48:15] Since there are no speakers in the public

[3:48:17] who should be heard on this item,

[3:48:18] we will close the public hearing.

[3:48:20] At this time, we'll go to actually the district commissioner.

[3:48:25] It is not here, but commissioner Wilson is a district commissioner

[3:48:30] and normally we go to the district commissioner.

[3:48:32] But commissioner, you rebate

[3:48:33] would you like to offer potential motion?

[3:48:35] Yes, Mayor, file motion for approval with conditions.

[3:48:39] All right, we have a motion by Commissioner Uribe.

[3:48:43] Second by Commissioner Gomez Cordero.

[3:48:46] All in favor, let it be known by saying,

[3:48:48] I oppose no motion passes and it is unanimous.

[3:48:55] All right, with that, we move to the next item on our agenda.

[3:48:58] For this afternoon, and this is item A2,

[3:49:01] we're open the public hearing on this item.

[3:49:03] Again, we'll ask Mr. Yusat to frame this item.

[3:49:07] This is a petition to vacate PTV24-002-005 from Jason Bigford, from all custom stone and

[3:49:15] title ink on behalf of Joseph and Christine Johnson.

[3:49:18] The petitioner request that Orange County vacate a 2.5 foot wide portion of a 7.5 foot

[3:49:24] wide drainage and utility easement that lies near the west property line of the petitioner's

[3:49:29] potential parcel located in the Miller's Cove subdivision containing approximately 150 square

[3:49:35] feet.

[3:49:36] The property lies north of Amber Oak Drive and east of Hall Road.

[3:49:40] The petitioner wished to vacate in order to clear title to the property for future

[3:49:43] development.

[3:49:44] The Rosendrainage Real Estate Management and Environmental Protection Divisions have no objection

[3:49:48] to this request.

[3:49:50] All utility providers have also provided letters of no objection.

[3:49:54] Approval of this request will have no adverse effect on Orange County and Staff has no

[3:49:58] to this request.

[3:50:00] Our requested action is approval of PTV24-02-005. This parcel is located in District 5 and I'm here to answer any questions.

[3:50:11] All right, is the African on this item present? So would you like to come forward and offer in the comments? She's waving, she says, she doesn't think so.

[3:50:19] So, well, standby. Do we have any members of the public present who should be heard on this item?

[3:50:26] There are no speakers, so we'll close the public hearing at this time, we'll go to the District Commissioner Commissioner Bonilla, would you like to offer a potential motion?

[3:50:33] Some of the second moment.

[3:50:36] Okay, a motion by Commissioner Bonilla, second by Commissioner Gomez Cadaro.

[3:50:40] All in favor, let it be known by saying aye.

[3:50:41] Aye.

[3:50:42] Opposed no motion passes, and it is unanimous.

[3:50:46] All right.

[3:50:48] We'll move to the next item on the agenda, and this is item B3.

[3:50:53] We'll open the public hearing on this item and Mr. Thalmula, our planning administrator

[3:50:57] will frame this item.

[3:51:01] Good afternoon. I don't hear in E-3 is an amendment to the Grinata PD. This PD is first

[3:51:08] approved back in 1974, contains about 1600 acres. This request is an amendment to one of the final

[3:51:22] of the PD, properties located on the west side of Turkey Lake Road, just south of the

[3:51:29] San Lake Road intersection, and the request is to add an additional allowable use into this

[3:51:36] PD parcel, southwest G. Right now the parcel allows retail commercial uses, the request is to

[3:51:42] also allow multi-family uses to be considered on the site. There is a second part to the request,

[3:51:47] which is to remove a requirement that was placed on this parcel in 2006 that required the

[3:51:54] dedication of two 20-foot strips of land for right away on the west side of Turkey Lake Road.

[3:52:01] Area of the future land use map property is designated commercial and is zoned PD as part of the

[3:52:08] Granada properties PD, which allows for a mix of non-residential and both single and multi-family

[3:52:15] residential uses. And here in the area, we can see the surrounding area is developed with

[3:52:20] a good cross section of all of those uses. Subject property itself currently enveloped.

[3:52:27] Here we've got the PD land use plan with a blow up of the affected area down there in

[3:52:33] the very southwest corner.

[3:52:36] And the recommendation is to make a fine consistency with

[3:52:39] comprehensive plan and approve the Granada Plan development. Subject to the conditions listed

[3:52:45] on the DRC recommendation on the staff report.

[3:52:49] Mayor commissioners have been briefed in the

[3:52:50] side of them's cases in district one and staff

[3:52:52] available for any questions.

[3:52:56] All right, is the applicant on this item?

[3:52:59] So would you like to come forward or offer any comments?

[3:53:05] Good afternoon, Mayor.

[3:53:06] Commissioner, Senator San Francisco, and has the lead

[3:53:07] increment.

[3:53:08] My address for the record is 420 South Orange Avenue,

[3:53:11] Sweet 1200 in Orlando.

[3:53:13] Just wanted to say that we have read the staff report.

[3:53:15] We agree with staff findings and we're happy to answer any

[3:53:18] questions.

[3:53:18] I have on my client with me today if there's any questions about the project.

[3:53:23] Thank you.

[3:53:23] All right.

[3:53:24] Thank you very much.

[3:53:26] Stand by.

[3:53:27] Do we have members of the public present who should be heard on this item?

[3:53:29] We have no speakers for this case, Mayor.

[3:53:31] All right.

[3:53:32] Then we'll close the public hearing.

[3:53:33] Under have one question, however, you indicated that there are two parcels that was designated

[3:53:40] for right away that apparently there's no longer needed that area is heavily congested with

[3:53:48] traffic and so kind of tell me why that right away is no longer needed.

[3:53:55] My understanding of the 2006 amendment is that the time there was a consideration for a mass

[3:54:01] transit system down this portion of Turkey Lake Road and that's why there was the consideration

[3:54:08] for the strips of right away which follow the curve here in the property along Turkey Lake

[3:54:14] However, as you can see, all of the surrounding property has already been developed.

[3:54:18] None of the other properties include this right away extension.

[3:54:23] So there's really, even if we, there are no current county plans for an extension,

[3:54:28] a widening of this section of Turkey lake.

[3:54:31] Even if there were, there's nothing really, even if we were to require it on this property,

[3:54:35] there's nothing for the lanes to connect to.

[3:54:38] So there's no overall system that would be able to accomplish by requiring this chunk of right away here.

[3:54:45] All right, Commissioner Gomez Cadero.

[3:54:48] I have a question.

[3:54:50] Nick, will this lake, since it's very big, and they're going to do some housing,

[3:54:55] a residential thing, they will be able to, like, put a-

[3:55:04] So you have a question about a doctor or other type of structures on the lake? So that is not permitted to do this process. They would have to go to the EVD boat dock permitting process to see if that's allowed. In fact, we have a standard condition of approval that says this zoning approval does not automatically give you allowance to do that. You've got to go through the separate permitting process.

[3:55:29] It is a lot of family development.

[3:55:33] That's the request.

[3:55:35] At this time, we don't have a specific proposal.

[3:55:40] The request now is just to allow the consideration of mix of the two uses.

[3:55:46] So instead of only being able to do commercial uses in the property, retail, commercial,

[3:55:51] they want the allowance to also do residential as well.

[3:55:53] So, at the end of the day, when they come in with the next stage approval, they'll have a proposal for a specific mix,

[3:55:59] X number of residential, X number of commercial, they've indicated a potential development program,

[3:56:06] and that's listed in the staff report, 262 multifamily, part of the units, and 5,000 square feet of retail.

[3:56:13] However, those numbers could change the development plan stage.

[3:56:18] All right, Commissioner, you're here, but.

[3:56:20] I do have a question that I don't know. I'm sorry if I put you on the spot. But does that leak because it's got commercial in residential. Does it allow?

[3:56:31] Vote access for like a multi-family? Does the applicant know? Is that the intent to do that? Because you guys are going to have apartments.

[3:56:40] So these are condos or town homes. You're going to actually have apartments.

[3:56:43] As at this time, it's not our intent and I was of the understanding that you are correct that we were not allowed to have access.

[3:56:50] Yeah, I know, I mean, I've never, like, it's very specific.

[3:56:55] I think there was a one location, like an event place or something like that water.

[3:56:59] Okay, thanks, thanks for the update.

[3:57:03] All right.

[3:57:04] Is there a motion?

[3:57:05] Some moved by your baby?

[3:57:07] Second moment?

[3:57:09] All right.

[3:57:09] We have a motion by Commissioner Uribe, second by Commissioner Gomez Cadero, all in favor

[3:57:14] that would be known by saying aye, opposed no motion passes and it is unanimous.

[3:57:22] With that, we're going to move to the next item on our agenda and the next item is C4.

[3:57:31] We're open to public hearing on this item and Mr. Jason Sorenson is going to come forward

[3:57:35] in front of the side and force with them,

[3:57:37] sourcing your recognized.

[3:57:39] All right, thank you, Mayor, and good afternoon.

[3:57:41] Commissioners, this next case is a future

[3:57:42] land use map and then the end rezoning.

[3:57:44] The request is to go from parks and recreation

[3:57:46] open space to medium density residential.

[3:57:49] And the rezoning would be from R1A to R3 restricted.

[3:57:52] The property is located at 870 North Hastings Street

[3:57:55] in District 6, and the proposal is Senior Housing

[3:57:57] Multifamily Units.

[3:58:00] Again, the property is in District 6.

[3:58:03] This was the original boundary of the property.

[3:58:05] The overall site is the currently the YNCA parcel,

[3:58:09] and they would be purchasing the portion in the back

[3:58:12] that is undeveloped.

[3:58:13] This was the original boundary.

[3:58:14] It's actually going to shrink by 1.24 acres,

[3:58:18] so to go from 7.93 acres to 6.69 acres.

[3:58:22] So what would be yielded by this instead of 158 units,

[3:58:25] would be 133 units.

[3:58:29] So the current feature land use is parks and recreation open space

[3:58:32] in the proposed future land use as medium density residential, the current zoning R1A, and

[3:58:38] the proposed zoning R3 restricted. Again, this is an aerial of the subject. Property access

[3:58:44] will be provided through the YNCA site through an access easement.

[3:58:52] 457 public hearing notices

[3:58:53] were sent to an area extending beyond 900 feet from the subject parcel. Today we have received

[3:58:58] two responses in opposition and non-infavor. Those in opposition had a concern for perceived

[3:59:03] property value impacts incompatibility in the desire to see a park instead.

[3:59:08] A community meeting was held on November 6th, 2023 with seven residents and attendance

[3:59:11] who expressed concern for access and making sure the project would remain for those age

[3:59:17] 55 and over which it will, because we do have a restriction as part of the rezoning that

[3:59:21] would require that it before senior adults in no school aged children.

[3:59:27] At the Planning and Zoning Commission hearing, there were no speakers, planning and zoning

[3:59:31] commission and local planning agencies recommending that the board.

[3:59:34] Make a finding of consistency with the conference of plan and approve the future

[3:59:38] land use map amendment the associated ordinance in the rezoning subject to one restriction

[3:59:42] staff is available for any questions.

[3:59:47] All right, is the applicant on this item present, if so would you like to come forward

[3:59:52] all for any comments. Okay, I don't see anyone. All right, are there?

[4:00:00] Members of the public present, who should be heard on this item, we have one speaker card to the side of Mayor.

[4:00:07] Speaker?

[4:00:10] All right.

[4:00:11] Chris Burke, Cameron.

[4:00:18] Okay, we can't really hear you, but are you saying that you're not here to speak on this item?

[4:00:23] No, they're in the speakers for this item, this project.

[4:00:31] Okay.

[4:00:33] You can do it afterwards. You can go to the mic if you have a question.

[4:00:36] Good

[4:00:46] afternoon. I just want to know, is this going to take over the why?

[4:00:51] Okay, sir.

[4:00:54] I put it going back from the why.

[4:00:56] Thank you sir.

[4:00:57] That's what I need to know.

[4:00:58] We need your name and your address.

[4:01:01] My name is John Taylor.

[4:01:03] I met 985 North John Street.

[4:01:05] All I know, Florida 3208.

[4:01:09] Okay.

[4:01:10] So your one question was,

[4:01:13] were the why be developing the project?

[4:01:16] What are they building their homes

[4:01:17] that they're going to take over the why?

[4:01:19] OK, we're the one that continues.

[4:01:23] In the back of my house, I have a watercolor,

[4:01:27] a radish drainage, go to a little lake back there,

[4:01:31] which nobody ever cleaned.

[4:01:32] I've been keeping it up.

[4:01:33] So I just want to know that they're going to come

[4:01:35] all the way on my property or not.

[4:01:37] Thank you.

[4:01:38] OK.

[4:01:41] All right.

[4:01:42] Do we have any other members of the public present who wish to be heard on this item?

[4:01:51] Okay, so with that then, I'm going to ask the applicant to come back or represent it as the applicant to kind of respond to the questions that Mr. Taylor asked.

[4:02:05] Yeah, good afternoon, Mayor.

[4:02:07] Good afternoon.

[4:02:09] I'm Rick Belldocky with Abcon.

[4:02:10] I'm the applicant and agent for the property or the app for the developer, Wendover, who was represented today by Ryan Bonweller in the audience.

[4:02:20] Sorry, I missed the first time to get called up, but we reviewed the staff report and have no comments and agree with the recommendation.

[4:02:30] The YMCA will remain open.

[4:02:33] But in his other question, I'm not sure I have the answer to at this time, I mean, we will obviously be required to maintain all buffers and setbacks for organic code adjacent to residential property.

[4:02:50] and presently the, the, the, why owners of Lamb but will be selling the land of the land of the LB.

[4:03:01] Will be selling the land and the, and 10 is for the, why to remain open.

[4:03:09] Correct.

[4:03:09] And there'll be an easement that will allow access to the rear of the YMCA's property.

[4:03:16] And the other part of Mr. Martin, Mr. Taylor's question was, I guess, where there's some type

[4:03:25] of drainage element there that butts his property, how is that going to impact him and

[4:03:34] will the new owner and the developer be responsible for maintaining that.

[4:03:41] He says that he's the one been maintained and then a cleaning it out.

[4:03:48] I guess I'm not sure what drainage facility he's referring to any existing drainage facility

[4:03:56] that's permitted or unpermitted that's functioning will need to be maintained.

[4:04:02] As a result of the water management district permit that we will have to get, we'll not

[4:04:07] be able to impact the adjacent properties.

[4:04:10] we'll have to meet any pre-post requirement and continue runoff wherever it's going now to go there

[4:04:17] afterwards. So we should not be impacting drainage and we'll protect any existing drainage

[4:04:24] features. Okay, and I see your partner is coming forward. Did you want to add something there?

[4:04:35] Good afternoon Ryan Bonnewell. I would never have as a partner. It's one one zero five.

[4:04:38] It's a part of our process here we did go 3PD to identify any classification of wetlands.

[4:04:47] We did identify a couple spots in the wooded area to the west, which we will stay away from.

[4:04:51] And of course, when we come in for permitting, we will coordinate with EPD.

[4:04:55] A quarterly to make sure that all county regulations are met and we do not impact negatively anywhere.

[4:05:00] Residents or to the waterway itself. Okay. Thank you very much and since Mr. Taylor is present, Mr. Taylor perhaps at some point you can share your contact information with them so that they can keep you updated since you have some concern there.

[4:05:25] Okay. We do have other questions by members of the board. We're going to start with

[4:05:32] Commissioner Bonilla.

[4:05:35] Oh, by the way, we're going to close the public hearing at this time.

[4:05:39] There were no other speakers, right? No. Okay. That was the last one, Mayor.

[4:05:42] Okay. So we're closing the public hearing, but Commissioner Bonilla.

[4:05:46] So have a question to the why? Yeah. What are you using this property for?

[4:05:52] He's windowed in the way I'm from window over.

[4:05:55] Is it the right here?

[4:05:56] The why is not here, but we are in an agreement and a kind of a mutual partnership.

[4:06:01] So I don't want to speak for them, but I could maybe answer any questions for you.

[4:06:04] Was this property being used for now?

[4:06:06] It was an old baseball field that's become an area of non-use, and so it ultimately becomes

[4:06:12] surplus property, and so their objective was to one capitalize on selling the surplus property

[4:06:19] will also fulfilling a need in the community, which is a affordable housing portion so this

[4:06:24] seemingly is a good fit for their objectives and will also also drive memberships to

[4:06:29] the Lyme CA by the residents as well.

[4:06:31] So we're going to have partnerships and different things we can do collectively with our

[4:06:37] residents and with the remaining Lyme CA property.

[4:06:41] I guess my next question would really be for county staff, mostly Parks and Recs, I'm just

[4:06:49] curious of what our park needs are in the area.

[4:06:57] I am familiar with the area.

[4:07:00] I have been in that wide.

[4:07:02] I think nearby there's a cathlete, a catholic,

[4:07:08] a aerocule school that's there, not in that immediate area.

[4:07:14] Not a lot of recreational space that exists there.

[4:07:18] And for me, I know the Y through meetings with their senior executives, they, as you may recall,

[4:07:33] had some issues with cash flow.

[4:07:36] And hence, you remember the Tangelo Park, YMCA, which now, we have recovered that property,

[4:07:45] invest in to bring it back up. So this is probably a business decision that why it's making

[4:07:53] to invest themselves in this land and since they weren't using it to sounds like to.

[4:08:00] Yes, we're for this purpose.

[4:08:02] And we're leaving the basketball courts and other open space and also relocating the existing playground

[4:08:08] area. So they're going to maintain some of the space back there, but the back portion

[4:08:13] where we're actually going to plan on building,

[4:08:15] I don't think it's utilized by any of the current members.

[4:08:18] I don't know what the base is right now.

[4:08:20] OK,

[4:08:24] the only reason I'm asking is we do have

[4:08:25] a shortage of park space on the county.

[4:08:30] And so I don't know if this was supposed to be.

[4:08:33] Right, though the wise that we were partnering with the wise

[4:08:35] in order for them to provide a service to the county.

[4:08:39] And it just doesn't seem like that's continuing

[4:08:43] because they're a cash full of issues.

[4:08:47] And that particular, I was on the board for the wife

[4:08:50] all the long time.

[4:08:52] That particular wife was independently run.

[4:08:58] It wasn't a county partnership.

[4:09:00] Partnership, that was engaged there.

[4:09:03] It was quite a few seniors who were participating

[4:09:09] And the fitness center there at the Y as well as you.

[4:09:17] So in this case, the plan is for seniors,

[4:09:23] this housing development is for seniors citizen now.

[4:09:27] It should have affordable.

[4:09:29] Yes, it's senior affordable. Absolutely.

[4:09:31] Okay. How many acres is this?

[4:09:33] I think we're going to be using about six plus minus.

[4:09:36] We reduced it from the original 7.9 down at the wise request to leave them with the basketball court and the playground as I mentioned a few minutes ago

[4:09:44] So we have worked on a cyclone and I'll fit within the six acres and not exceed the density allowed.

[4:09:50] So we're confident we'll be able to make that work.

[4:09:52] Okay.

[4:09:53] It's all in my questions.

[4:09:55] I'm sorry to see the, you know, parks based go.

[4:09:58] Yeah.

[4:09:59] Yeah.

[4:10:02] Comission on your rebate.

[4:10:04] Thanks for the update real quick. This is actually, if I may ask, is this similar to the housing project on Rio

[4:10:14] Grand? Are you guys the same company or is this a different company? Because that's a senior

[4:10:20] living that was built there. Do you know? Where's the one on the other?

[4:10:26] Okay, no, I just didn't know, you know the same company as Durham, huh?

[4:10:31] The same company as Durham.

[4:10:33] I'm not, I remember you did the ground break.

[4:10:35] One over property.

[4:10:36] Because it's a really unscathed senior.

[4:10:38] Yeah, that was not.

[4:10:38] Okay, okay, never mind another company.

[4:10:41] Another company.

[4:10:42] So I do, I just want to ask further.

[4:10:44] So I understand you're going to maintain, you're going to keep the basketball courts and so

[4:10:48] forth.

[4:10:49] You said, but this is going to be a 55 and plus would it make more sense to kind of make that

[4:10:55] something more friendly or two individuals who are 55 and over because when I

[4:11:00] think about the reason I was asking about the Rio Grande is that we have a

[4:11:04] beautiful senior plus living it's very upscale very nice but I've noticed the

[4:11:10] things on the property are more to the residents that live there like they have

[4:11:15] the pool with the handicapped entrance and things like that so while green space

[4:11:20] to super important and Barnett Park is very close to this property, just curious to know

[4:11:26] what it makes more sense to have things that are more operable to be used by the residents

[4:11:32] that are expected to live there.

[4:11:34] Sure, so look at this from two different points of view if you would for a second.

[4:11:38] So what we're buying is autonomous from the YMCA.

[4:11:40] The YMCA runs kids programming for sports and things that will still operate there after

[4:11:46] start construction. They're going to use the basketball court. We're not going to own that.

[4:11:51] So that's their property if they have clinic cert teams working out there. My son plays there.

[4:11:57] So that's the place they're going to have those practices. Inside of our envelope, we will have

[4:12:02] our own senior specific amenities with the pool, like you mentioned, with the gym, with the clubhouse.

[4:12:08] So we're going to operate wholly autonomously behind the wine CA. The synergy would come with

[4:12:14] the residents becoming members in a discounted rate or some other way so they can actually

[4:12:19] utilize what's there and why I'm saying a addition to what we're providing inside

[4:12:22] of our property.

[4:12:23] I understand, I mean, that's not my district, so I was just trying to grasp what we're

[4:12:26] going to say.

[4:12:27] Okay, that's all I have.

[4:12:31] Commissioner Gomez Cadero.

[4:12:33] Thank you, Mayor.

[4:12:34] I was reading here in the community meeting summary and the residents were concerned about

[4:12:41] access to the project. Where are they going to go into this facility?

[4:12:49] Sure. So county staff and we worked with them initially said we cannot access off of

[4:12:54] Barry, which is to the south. So we are not planning to utilize Barry for any sort of

[4:12:58] vehicular or pedestrian access. So there is, I believe it's Lake Blanch wrote to the north

[4:13:05] which vends at a 90 degree angle there so we'll have to work on connecting our property to Lake

[4:13:10] Blanch at that turn, basically, which we have not engineered yet, but the wine see as a part of our purchase contract has agreed to give us

[4:13:18] Whatever small segment of the activity we need to make that connection point.

[4:13:24] Okay. Do you need to see the

[4:13:26] Commissioner, do you need to see them map again?

[4:13:32] Okay, so let's see

[4:13:34] You can see where it bends up there. Yeah, so there a little segment between North the basketball court will figure out a way

[4:13:41] there's a 25-foot county easement remaining there we need more than that probably so we'll

[4:13:45] figure out a way to connect and the YMC understands if that's a preferred method for the

[4:13:49] county as well. Okay.

[4:13:53] Okay. Okay, no more questions.

[4:13:57] Commissioner Moore.

[4:14:00] Nice to see you today

[4:14:01] Ryan and I have one of your senior projects and a pop can have someone who lives there. Bricks

[4:14:08] in landing on 13th Street. So the pool is wonderful that the layout is terrific. He's very happy

[4:14:14] there as are most people who stay a lot of here that they don't they don't they don't

[4:14:19] leave so appreciate you coming in this area and I understand that the partnership with

[4:14:26] the Y and probably why this came about I guess it probably is a concern though for which

[4:14:32] doesn't really involve you as more staff level where we we're we're we using this as was

[4:14:38] count of using this as park space or was it purely for the why because we do have a need

[4:14:45] in the Pine Hills area for park space, but that's not Ryan's issue.

[4:14:49] As far as I understand it, our title orchestra should have probably helped property, I don't

[4:14:52] know what kind of relationship or agreement you guys have with them, but it's owned by them

[4:14:58] So, I don't know.

[4:15:00] On the side from that, what programmatic use as a county has or not.

[4:15:03] Well, your product is wonderful, but I do agree with some of my colleagues, which is not your issue.

[4:15:09] There would be nice in the panel's area to have some more pocket parks, but it doesn't take away what you're doing and we appreciate

[4:15:15] you're going into this part of the town because it's needed.

[4:15:17] Of course, thank you.

[4:15:19] Okay.

[4:15:22] Mr. Taylor, I do see you. Unfortunately, we have closed the public comment part of the meeting.

[4:15:28] I think he's giving me a call number.

[4:15:29] So what I would encourage you to do, if you have some questions,

[4:15:33] these gentlemen are here, they can answer your specific questions.

[4:15:41] With that, Commissioner Scott, who is the district commissioner

[4:15:46] unfortunately had a health emergency.

[4:15:49] He had not been able to participate.

[4:15:53] So we're entertained in motion.

[4:15:54] So do you read me?

[4:15:55] Second one.

[4:15:56] All right.

[4:15:57] We have a motion by Commissioner Urebe, second by Commissioner Bonilla, and all in favor, say aye.

[4:16:04] Aye.

[4:16:05] Opposed, no motion passes, and it is unanimous.

[4:16:12] So Mr. Taylor, hopefully you got that contact information.

[4:16:16] They will be able to provide you with the answers to your questions.

[4:16:21] All right.

[4:16:21] Thank you all.

[4:16:23] We're going to move to the next item on our agenda for this afternoon.

[4:16:28] and this is item D5 and we're open the public hearing on this item and we're going to have one of the assistant

[4:16:39] county attorneys Mr. Desmond Morelle to come forward to present this item and I believe this is trying to

[4:16:48] Morelle's first opportunity maybe to present to the board of kind of commission is that correct?

[4:16:52] Yes, that is the case.

[4:16:54] Good afternoon, Mayor and commissioners.

[4:16:57] Again, Desmond Morales, Assistant County Attorney.

[4:17:01] Commissioners, the next item before you,

[4:17:03] for your consideration, is an ordinance that seeks to amend

[4:17:06] Chapter 28 of the Orange County Code.

[4:17:09] This portion of the Orange County Code relates to drug sales

[4:17:12] and public nuisance.

[4:17:16] In this presentation, we'll be providing you all

[4:17:18] with a bit of background about the proposed ordinance

[4:17:21] of the current state of the ordinance, the relevant statutory changes, the proposed amendment,

[4:17:27] as well as a summary and a requested action.

[4:17:31] Commissioners, I have Council Austin Moore, who is with the Orange County Sheriff's Office

[4:17:36] today, and I'd like to defer to him to provide a bit of background as to why we're here

[4:17:40] and why we're proposing this particular amendment.

[4:17:46] Thanks, Desmond.

[4:17:47] Good afternoon.

[4:17:48] Mayor, good afternoon.

[4:17:49] commissioners. My name is Austin Moore. I'm general counsel for the Orange County Sheriff's Office and

[4:17:54] just be giving you a brief background about what we're discussing this afternoon. So for years,

[4:18:01] after hours clubs have proliferated in Orange County, Florida. But approximately four years ago,

[4:18:08] three or four years ago, we had just an explosion of these clubs here in the county.

[4:18:18] And so the

[4:18:19] In addition to the explosion of the number of these clubs, it brought with it a criminal element including violent crime.

[4:18:28] We're seeing narcotic sales, rumors of human trafficking.

[4:18:32] So the sheriff made a priority to address these clubs and when the special detail went out to try to tackle these clubs and bring the numbers down.

[4:18:42] What they found was the tools that were at their disposal, or not sufficient to bring these clubs into good behavior.

[4:18:54] And so what he did was he asked our legislative team at the Sheriff's Office to look for legislative solutions that would provide the deputies some better tools to kind of address these clubs.

[4:19:08] And so what we came up with was, number one,

[4:19:12] they made it a

[4:19:15] unlicensed sale of alcohol.

[4:19:20] And so before, it had been a misdemeanor.

[4:19:23] And not surprisingly, when you hand someone a ticket

[4:19:27] for $250 for the unlawful sale of alcohol,

[4:19:30] and they're making $10,000 to $9, $250 ticket

[4:19:34] as a cost of doing business, and they continued,

[4:19:36] they would open up the next night.

[4:19:38] And so we have made this a felony for the unlawful sale of alcohol at these clubs.

[4:19:44] But in addition, members of the Sheriff's legislative team were familiar with the nuisance

[4:19:48] abatement process here in Orange County.

[4:19:51] And so they suggested adding the unlawful sale of alcohol to the list of definitions

[4:19:56] for what can trigger on nuisance abatement.

[4:20:00] Action, which could be handled by the county's nuisance abatement board. And so that bill was put forward.

[4:20:07] We had supportive representative banks in here locally, and then on the Senate side, Senator out of Fort Myers.

[4:20:16] Not surprisingly, Orange County isn't the only jurisdiction dealing with after-hours clubs and the issues related to those.

[4:20:23] And

[4:20:27] the governor signed the bill into law on April 10th or April 11th of this year, and it goes into effect on July 1st and luckily the county attorney is recognized that in order for the deputies to take advantage of the nuisance abatement changes, we needed the code, the Orange County code to change to reflect that unlawful sale of alcohol is a triggering event for nuisance abatement action.

[4:20:56] And so that's why we're here this afternoon and Dan appreciate your time and if you have any questions.

[4:21:03] Let me know.

[4:21:05] So, Commissioner, as you'll see, Section 28-103 is up on the presentation overhead.

[4:21:12] And what it does is it explains what the current ordinance states and how it defines the term public nuisance.

[4:21:18] You'll see that all six of these definitions are elements of criminality, which makes this section of the public nuisance statute,

[4:21:27] excuse me, ordinance, particularly unique.

[4:21:30] As Austin stated, during this past legislative session, Governor DeSantis signed Senate Bill 1090 into law.

[4:21:37] And this legislation sought to amend section 562.12, as well as 893.138 of the Florida statute,

[4:21:44] which would revise the punishment for the unlawful sale of alcoholic beverages, as Austin stated,

[4:21:51] but it also provides local governments with the ability to declare public nuisances on any locations

[4:21:58] where the unlawful or unlicensed sale of alcohol has taken place on two or more occasions within a 12-month period.

[4:22:08] And so, you'll see the proposed change down at the bottom of the screen, highlighted as number seven.

[4:22:16] So, we seek to add the definition or expand the definition of public nuisance to include on more than two occasions within a 12 month period,

[4:22:26] as the site of a violation of Florida statute section 562.12, which relates to the unlicensed or unlawful sale of alcoholic beverages.

[4:22:36] So, commissioners, we're looking for an approval of the proposed ordinance and that would update and expand the definition of public nuisance.

[4:22:47] It would also provide an effective date.

[4:22:49] We're also asking that you authorize staff to correct the non-substantial grammatical or scrivener's errors.

[4:22:57] Mayor and commissioners, I do want to highlight that if this item is passed today,

[4:23:01] That is set to go into effect on July 1st, 2024, and that will reflect what is happening at the statutory level with those statutory updates.

[4:23:10] I'm happy to answer any questions that you may have.

[4:23:14] All right, standby.

[4:23:16] And that this is an administrative item.

[4:23:19] So I'm driven largely from the work of the sheriff and the county attorney's office.

[4:23:25] I will open it up for public comment.

[4:23:28] at this time, do we have any members of the public present

[4:23:31] who wish to be heard on the side?

[4:23:32] We have no speaker cards with the side of Mayor.

[4:23:35] All right.

[4:23:35] Then we'll close the public comment period of time at this point.

[4:23:42] And we'll go to questions by our commissioners.

[4:23:45] Commissioner Yuribay.

[4:23:47] Hi there.

[4:23:48] I know we've had a chance to have a meeting already.

[4:23:52] And this is very exciting for me, as a share

[4:23:55] for a representative over here.

[4:23:56] I have the OBT corridor, you know, frequent flyers, but as some of my neighbors who are here,

[4:24:04] a couple questions, if I can, ask a little bit more, when we talk about the infringement and

[4:24:11] making this a felony, are we talking about the business owner, the person running the function,

[4:24:17] because you know, we have a lot of rental, like hook allowances and things like that in the area.

[4:24:22] So if you could go a little bit more into detail, and then I have a couple follow-ups,

[4:24:25] if you don't mind.

[4:24:28] Commissioner, so to begin, I want to highlight that the change that we're proposing for our

[4:24:32] local ordinance, specifically refers to that definition of public nuisance.

[4:24:36] I know that we did mention the statutory updates, which it sounds like that is what you

[4:24:41] are referring to.

[4:24:43] I will allow Austin a little bit more on that since it's more in his wheelhouse, and I

[4:24:48] believe he was referencing the uptake from a misdemeanor to a felony.

[4:24:51] So if you want to describe that a bit awesome.

[4:24:55] Yeah, so Commissioner, you raised an interesting point.

[4:24:57] So one of the issues that we have with these.

[4:25:00] This is determining who is the violator when we have an infraction. So, the violator for our purposes is the person who is responsible for selling the alcohol. So, sometimes it will be a, that will be the person who is the bartender.

[4:25:15] I know that person will receive the ticket or in this case, once it's upgraded, they'll be arrested for the felony.

[4:25:23] Additionally, we do target the manager or the operator of the facility if that person can be located, which they frequently can't be.

[4:25:32] Okay, and so I know this is going to be odd.

[4:25:35] I have the pleasure of having a great relationship with our sector, police officers, and captain, because we're so popular.

[4:25:42] So I get to meet them and talk to them, but what we're starting to see is, for instance, adult clubs, where they're selling drugs and things like that, we've seen violent trends, very close to residential because we have a lot of heavy commercial there.

[4:25:57] But what we're also seeing, and this is recently is a used carlaught had a party with loud noise in a DJ on OBT and Americana.

[4:26:12] But it's assumed why would anybody be hanging out at a used carlaught if there isn't some of these activities going on.

[4:26:19] But you're starting to see this interconnection of businesses running and things happen and becoming hangouts spots.

[4:26:25] You're almost like, why are people hanging out here at 11 o'clock at night on a Friday or Saturday and things like that?

[4:26:32] So, and I know that when I've spoken to deputies, you guys, they try to go in there, you know, undercover and things like that.

[4:26:40] And there are code names that these businesses now have when people walk in, they'll be like, happy birthday and that means, you know, one thing and things like that.

[4:26:48] So, and I also noticed that the MBI does a lot in this sector too, because of all the activity that goes on.

[4:26:55] And it's like, what can the community also do? Because we see this along Orange Avenue.

[4:27:02] You know, we have a couple of also places that, you know, pony-up to the Belle-Lyle area, where it's constant constant complaint.

[4:27:08] And I know that our staff here has helped us, try to prevent like her licenses and things like that.

[4:27:14] Put no parking, deputies will go and start taking things like that.

[4:27:19] So we're doing everything we can administratively to make life tougher.

[4:27:23] But it just seems like when you guys are going after something,

[4:27:26] it means like they've reinvent or recreate themselves in another way.

[4:27:31] And it's just like, what can we do?

[4:27:33] And then on Golden Robb, the use car lock.

[4:27:35] You know, I mean, excuse me, the car wash, which is a big.

[4:27:38] And she said, just any kind of guidance that you can help us.

[4:27:41] So when we go to community meetings, people know what to do, what they should be, you know,

[4:27:46] we don't want them to get involved clearly, but should they be calling this in immediately,

[4:27:51] should there, you know, if you could offer some guidance because it's just so inconsistent now,

[4:27:56] it's no longer just a club or just a place that they pop up wherever they can.

[4:28:02] So I'll start off by pointing out, I'm the attorney and so the best resource for your questions

[4:28:06] is definitely your sector captain or the special projects deputy, but as it relates to this legislation.

[4:28:14] So we started out seeing these after-hours clubs as clubs that would stay open late.

[4:28:19] And then it started as restaurants that would stay open late.

[4:28:22] And then we saw the hook allowances come in.

[4:28:24] And then we saw auto body shops that would stay open late.

[4:28:28] Or mechanic shops that were open late.

[4:28:30] Because the money is so significant, everyone wants to get into this business.

[4:28:36] And so I know we're here about the county ordinance, but the changing the statute to make it a felony provides the deputies with the opportunity to seek search warrants and have some other tools at their disposal, which they don't have when we have just a misdemeanor charge.

[4:28:54] So to change from a misdemeanor to felony is significant for the deputies when it comes to enforcement.

[4:29:01] So the key is making sure that the deputies know where these locations pop up so that now that we have these additional tools.

[4:29:08] Again, nuisance abatement, the felony charge.

[4:29:11] We can start to address those wherever they pop up.

[4:29:13] Because the money is so good.

[4:29:17] Everyone is trying to get into this business.

[4:29:19] And when would this go into effect and then one last question, it also depends on the prosecution time, too.

[4:29:25] Like, making sure folks are being prosecuted because you arrest them, you have a good case.

[4:29:30] But it also means the State Attorney's Office, because that's what we hear a lot, is it's like, it means nothing.

[4:29:37] So just curious if you can just comment on that, too.

[4:29:40] Yeah, so the effective date is July 1st.

[4:29:43] And with regard to the State Attorney's Office, I know that they prioritize the cases that come to them.

[4:29:48] We send these cases that are misdemeanor charges over to them, so they can handle them accordingly.

[4:29:55] But the beauty of the nuisance abatement action is that the deputies...

[4:30:00] And then the Orange County nuisance abatement board are in charge and they have jurisdiction to bring these businesses into compliance. And so on this Thursday, we have four cases going in front of the county's nuisance abatement board.

[4:30:12] There are hundreds of businesses which are being contacted by the Orange County Sheriff's nuisance abatement board team.

[4:30:19] The vast majority of those businesses come into compliance and debate the nuisance and they ask us how to debate the nuisance

[4:30:26] Because they don't want to be in front of the Orange County nuisance abatement board

[4:30:30] So just by changing this

[4:30:33] Definition it's going to give the deputies and the sheriff's office a tool to really bring these nucenses under control

[4:30:41] Well, thank you from from my community

[4:30:43] Very dense area and like I said, you know the area

[4:30:46] This is good. This is good for us so that we can have more teeth behind those things.

[4:30:51] Great work. Thanks.

[4:30:53] Commissioner Buenia.

[4:30:55] Yeah, I'm sorry. You come back up for a second. Repeat that last part that you were just saying.

[4:31:02] I'll show if I understood.

[4:31:04] About the county's nuisance abatement board?

[4:31:06] Yeah. Yeah. And so if it's a felony.

[4:31:10] So the felony section is different than the nuisance abatement.

[4:31:16] And so, but as it relates to the nuisance of Baton Board, the Sheriff's Office, if we become aware of

[4:31:23] activity that's occurring at a business or a residence, and that activity triggers nuisance

[4:31:29] of Baton.

[4:31:30] We go out to the property owner and we say, hey, the activity that's going on in your property

[4:31:35] could subject you to the jurisdiction of the Orange County nuisance of Baton Board, and they

[4:31:40] have certain tools to baton nuisance.

[4:31:42] When we have those conversations with property owners, the overwhelming majority of those

[4:31:47] property owners say, help me abate the news and so I don't have to go in front of the

[4:31:52] Orange County News Encivatement Board and that works in the overwhelming majority of the

[4:31:56] cases.

[4:31:57] So, just by adding this, I'm off a sale of alcohol as one of the triggering events, we are

[4:32:04] able to go to those property owners and say the events happening at your property could

[4:32:08] subject you to the jurisdiction of the Orange County News and Subbatement Board and they say

[4:32:13] all right well then help me abate the news and so I don't have to go in front of that

[4:32:17] board.

[4:32:18] But what does the felony part have to do with those two things?

[4:32:22] The felony has very little to do with that part of it.

[4:32:26] The felony is a tool for deputies when they go out to and they find that someone's evaluation

[4:32:32] of that statute and they've unlawfully sold alcohol.

[4:32:35] Well, that person can now be arrested for a felony.

[4:32:39] In addition, the felony charge allows them to seek search warrants or arrest warrants to

[4:32:44] try to address those issues that those properties.

[4:32:48] Okay, so one of the issues I've had in my district is that we have a business, right?

[4:32:56] And the sheriffs come out, like you've mentioned, they have an issue of who the actual business

[4:33:02] owner is to, you know, cite that person and whatever it is you call it.

[4:33:09] So they arrest the person who's actually doing it, let's say the person who's serving

[4:33:14] the alcohol, right?

[4:33:16] But then the actual person in the background who's running it all, veils them out and they

[4:33:22] come back and they do it again.

[4:33:24] And no one can really find out who's the guy behind the curtain.

[4:33:29] So does a felony help with that?

[4:33:31] The felony doesn't really help with that, but the nuisance abatement change will, because then we go after the property owner and say,

[4:33:40] these violations are happening at your property if they are not abated, then we're going to bring a nuisance abatement board action against the property.

[4:33:49] We don't need to know who's selling the alcohol, we're going against the property.

[4:33:53] How do you know who the property owner is? Is there a problem finding a property owner, whose wife it's a trust trust or something like that?

[4:34:00] So, I'm not aware of any issues that we've had identify in the property owner and getting that person

[4:34:08] getting that person identified for purposes of nuisance evade the board actions.

[4:34:13] Okay, so another question I have is for that property owner.

[4:34:20] What is the benefit for them to get out of the nuisance abatement?

[4:34:25] Because they lose their property, right?

[4:34:29] If they say, if they don't resolve it?

[4:34:31] the property could be shut for a year under nuisance abatement. That's one of the tools. That's

[4:34:36] the most extreme tool that the board has. But more likely what they'll do is they'll require

[4:34:42] them to take certain actions. So we asked them to install cameras. We asked them to hire off duty

[4:34:49] deputies. In addition, there's fines that can be levied against the owners if they're not

[4:34:54] in compliance. And so the jurisdiction of the nuisance abatement board last for a year,

[4:34:59] unless they don't come.

[4:35:00] And so, but they can, the board can mandate that those property honors take specific actions that we know will abate nuisance if they're taken.

[4:35:11] Okay, could there be a situation where someone's just not following the rules, the laws, and the operating, is that possible?

[4:35:23] The time that I've been at the sheriff's office, we've only had one business closed and it was the exact scenario that you mentioned where they weren't complying they weren't complying

[4:35:33] We shut them down and they haven't been open since so they can't even what if they just open anyway

[4:35:41] Luckily we have not been faced with that situation

[4:35:44] And if that happened

[4:35:45] I'm not sure exactly what the I'm sure it's some sort of contempt hearing but I don't know exactly what happens

[4:35:51] But again, we have not been faced with that situation.

[4:35:56] All right, thank you.

[4:35:57] You really helped me understand this a lot better, thanks.

[4:36:05] Desmond, if you're a appropriate person to answer,

[4:36:08] or not, what we didn't talk about whether or not this particular

[4:36:12] ordinance would be effective, countywide, and inclusive

[4:36:16] of other municipalities are just within unincorporated areas.

[4:36:20] And Commissioner, excuse me, Mayor, yes, to answer your question.

[4:36:24] Yes, the same way that the definition already includes all of the counties and municipalities this would also go along with that.

[4:36:34] So, what I can tell you, as a former sheriff, I do recall having to deal with this issue and as a former Orlando chief of police.

[4:36:46] I can remember having to deal with this issue and the city of Orlando as well.

[4:36:51] So I'm glad to hear that this ordinance would be affected both in unincorporated Orange

[4:36:58] County as well as incorporated Orange County.

[4:37:02] And my experience here is that sometimes what we found was that these establishments

[4:37:08] while staying open late, not only were unlawfully selling and dispensing alcohol, but

[4:37:15] They were friends for all types of unlawful adult entertainment happening within them, and hence,

[4:37:25] the Metropolitan Bureau of Investigation, sometimes were getting robbed.

[4:37:28] And so it is an additional tool to make the neighborhoods and the communities safer.

[4:37:35] So with that, it's my privilege to move approval.

[4:37:39] Second you revisit action.

[4:37:42] All right.

[4:37:42] we have a motion and a second. All the favourites will be known by saying aye. Aye. Opposed

[4:37:48] no. Motion passes and it is unanimous. Thank you all. All right. Thank you very much. All right

[4:37:58] now we'll move to the next item on our agenda. And this is item D6. And we're open to public hearing

[4:38:06] on this item and Mr. Jason Sorenson. Our chief plan is going to frame this item and with that

[4:38:12] Mr. Soreson, you recognize, he'll be teeing up

[4:38:17] of powerful presentation here.

[4:38:20] All right, thank you, Mayor.

[4:38:22] This next item is called the Zoning and Progress Ordnance.

[4:38:27] So why we're here today is during the April 23rd

[4:38:30] board hearing staff was directed to move forward with this.

[4:38:34] What it is, is it is a temporary suspension

[4:38:37] of the acceptance of new applications

[4:38:39] for comprehensive plan text and map amendments

[4:38:43] So there's several benefits to this.

[4:38:46] One that allows staff to spend time on vision 2050,

[4:38:49] which is anticipated to be adopted in September,

[4:38:53] it also prevents applicants to submit something

[4:38:55] that we're just not able to process prior to vision 2050

[4:38:58] being adopted and also provide staff more time

[4:39:02] to focus on processing the existing application

[4:39:04] which are under a time crunch to get adopted

[4:39:06] or approved prior to vision 2050 adoption.

[4:39:11] So, these are some of the things that the ordinance will do and what it won't do.

[4:39:15] It has no effect on applications that were submitted prior to the suspension, so what

[4:39:20] we have in process or what we will have in process prior to the effective data of May 28th

[4:39:24] will continue to be processed.

[4:39:27] Development approvals occurring within certain areas will not be included within the suspension,

[4:39:32] so those areas are forizing West, Lake Pickett, Avalon Park, Innovation Way in the I-Dry

[4:39:38] districts. Lastly, plant development change determinations will be unaffected. So if you already

[4:39:43] have your PD zoning, you can submit for change determination.

[4:39:49] And lastly, the ordinance

[4:39:51] is set to expire six months from the effect of date, unless early repealed by the board.

[4:39:57] So I just want to make clear, this is a suspension knot.

[4:40:00] Any development, more TORM, so these are some of the things that make the differentiation. The suspension is temporary in nature. The suspension does not affect applications that were received by the county prior to the effect of day of the ordinance.

[4:40:12] And development processes, not describing the ordinance will continue. This includes building permits, along with development in the exception areas.

[4:40:20] So there were a couple drafts floating around. There was some changes at the Planning and Zoning Commission, a draft that was updated and provided to them.

[4:40:28] So these are some of the changes just to make clear the version that will be decided up

[4:40:33] on today.

[4:40:33] So there were some grammatical and editing cleanups.

[4:40:36] We clarified that applications received prior to the effect of date will not be affected.

[4:40:41] Clarified that existing planned developments will be unaffected and clarified the master

[4:40:45] plan communities that are exempt.

[4:40:47] And lastly, change the effect of date from May 21 to May 28th.

[4:40:51] This is the actual very detailed list of all the changes just for the record.

[4:40:55] I'm not going to go through this, I just summarize all these changes.

[4:40:57] So, the local planning agency is recommending that this be approved and to allow staff to correct any substantial grammatical or

[4:41:05] stravener's errors and that completes my presentation.

[4:41:10] All right.

[4:41:11] Thank you.

[4:41:12] This is another administrative item being brought forward.

[4:41:16] I'm honestly by staff.

[4:41:18] Do we have members of the public president who should be heard on this item?

[4:41:23] Okay.

[4:41:24] We have one mayor.

[4:41:24] We have one person, if he had not completed the speaker's car,

[4:41:30] you can do that afterwards so you can come forward to the microphone at this point.

[4:41:36] Well, we'll get it corrected.

[4:41:38] Christopher Cameron.

[4:41:41] And please give us your name and your address for the record, please.

[4:41:46] Well, actually I have 11 addresses.

[4:41:49] Well, the one where you get your mail.

[4:41:51] Let me find out which one.

[4:41:53] Which one I put on the card.

[4:41:56] I just got 30 properties over here in the state of Florida.

[4:41:59] So, Hastings.

[4:42:01] Which one?

[4:42:05] It's Christopher Cameron.

[4:42:08] Glad to be in your community.

[4:42:10] What this is going to do is it's going to stop the development of 30 properties.

[4:42:14] I just acquired that, that are going to be used for Sierra living facilities.

[4:42:21] So, I need two weeks.

[4:42:23] And if I could get that, I could meet your deadline, but that's.

[4:42:29] Okay, so I'm going to ask you to address your comments to us at this point.

[4:42:36] Well, I wasn't expecting to speak.

[4:42:38] I just flew in yesterday and found out about this one an hour ago.

[4:42:44] But yeah, I just got these properties.

[4:42:47] And I want to turn them into hospice facilities and residential assisted living facilities.

[4:42:51] But for me to apply, I need at least two weeks.

[4:42:55] So this passing next week on Tuesday, it's not going to work for me.

[4:43:00] So yeah, this is going to affect a lot of people's employment.

[4:43:04] I don't know if we could actually prolong it.

[4:43:07] If we could actually prolong it, I will have 40 employees.

[4:43:11] If I can't, it's going to hold it back until October.

[4:43:15] So, okay, I think I understand the questions, do you have to direct your questions to me?

[4:43:25] Well, I actually have a question if we have the questions that I have to direct.

[4:43:30] Yeah, it's going to impact the community.

[4:43:33] A lot of people are going to be without jobs, not to be able to get this resolved on time.

[4:43:38] So, I just need an extension.

[4:43:41] I agree with it, everything he has is about a point, but the time he is horrible.

[4:43:51] Let me understand what you're saying.

[4:43:53] Have you already applied?

[4:43:57] I just found out about it an hour ago.

[4:43:59] You have not applied.

[4:44:04] So we'll come back to you.

[4:44:06] I have to try to respond to your questions.

[4:44:16] Do we have one of the members of the public present who should be heard on this item?

[4:44:20] All right.

[4:44:21] And if you have not filled out a speaker card, then we'll ask you to do so.

[4:44:26] Also, Mr. Balmula, do we have his card?

[4:44:29] We do not.

[4:44:30] Okay. So name and address for the record.

[4:44:35] If you have not filled out a card, would you please do so?

[4:44:38] I'm not filled out a card.

[4:44:41] My name is David Freylich.

[4:44:42] I live at 8257 Breeze Cove Lane in Orlando 32819 and I'm a former head of the Orange County Urban Design Commission

[4:44:55] when it existed, shouldn't say head member, I get it.

[4:45:00] Once I was a member, I felt I was the head of it anyway.

[4:45:07] As an architect and working for developers over the years, I would say I do everything I can to not slow anything down. And this sounds like it's trying to slow something down. And no matter how admirable it may be for the need for that slow slowing.

[4:45:30] As an entity on behalf of the people, I'm not sure the people benefit that much, just my personal opinion.

[4:45:38] All right.

[4:45:38] Thank you Mr. Fraley.

[4:45:42] Do we have other numbers out of public who wish to be heard and Mr. Fraley don't forget to fill out that speaker information.

[4:45:50] Do we have any of us?

[4:45:52] We have no other speaker cards there.

[4:45:55] All right.

[4:45:55] So I'm going to, at this point, we'll close the public hearing,

[4:46:02] and I'm going to ask Mr.

[4:46:04] Sonson to come back and let's see if we can address the questions raised by Mr. Cameron.

[4:46:14] Mayor, in discussions with the speaker, it does sound like the applications of the

[4:46:19] He did speak to somebody in staff and he is aware of vision 2050 and sounds like vision 2050 would fix the situation for him and a lot of the instances

[4:46:28] but he said that he still would like to submit to get those process so that it's a quicker route for him to be able to submit and he said he's not able to submit by May 28th because it will be out of town

[4:46:39] So that's kind of the summary of it. What happened to work with him?

[4:46:43] It's a tough situation, because even if we do set to the application, sometimes there's no guarantee that we'll be able to process him in time.

[4:46:50] We've already been telling applicants that they're submitting at their own, they just have to be aware that we may not be able to process their application in time.

[4:46:58] If it requires a conservation area of determination, if it requires a community meeting, those things can take time and we have the clock, you know, the clock is ticking in order to get things approved prior to vision 2050.

[4:47:08] So, May 28th, we can work with him on getting those applications filled out if he needs help on that.

[4:47:15] But that's kind of the summary of the situation.

[4:47:18] All right.

[4:47:19] I got it.

[4:47:21] With that Commissioner Bonilla, do you have further questions?

[4:47:25] Yeah.

[4:47:28] I was just thinking about it because this is a comprehensive plan amendments.

[4:47:32] I heard it's a rezoning.

[4:47:33] So is it a rezoning or a comprehensive agreement?

[4:47:35] So, it's three things, a conference of plan, map, and text amendments,

[4:47:39] resellings, and special exceptions.

[4:47:41] Okay, but vision 2050 goes through, then he automatically gets

[4:47:44] that comp plan change anyway.

[4:47:46] We'd have to look through those.

[4:47:48] It's my understanding he said that vision 2050 would

[4:47:51] allow him to do it.

[4:47:52] Just depends on where it is and stuff.

[4:47:54] Correct.

[4:47:55] And what the future plans are for that property.

[4:47:57] Exactly, yes.

[4:47:59] Yeah, I was going to, well, usually these processes,

[4:48:01] because I was just thinking, yeah, this is probably going to be

[4:48:04] kind of like growing pains but not growing, but not growing, but changing. And it usually takes

[4:48:10] six months for this process anyway, which is the six months suspension, so it just seems

[4:48:14] like this is how long would take anyway. And once it's done, they're going to get that change

[4:48:20] anyway. So it seems like it doesn't really make a difference anyway.

[4:48:29] Yeah, so it kind of like

[4:48:34] question, too, about the exceptions.

[4:48:37] I think I may know the answer, but I'm going to ask the question anyway.

[4:48:40] Why is there an exception on the lake picket one?

[4:48:45] So the exceptions are for those areas that already have a designation

[4:48:50] that would essentially be unaffected by Vision 2050,

[4:48:54] horizon-wise, like picket, I drive innovation way.

[4:48:57] So that's why it's included because it's one of those special intended areas

[4:49:01] that are going to be unaffected by Vision-wise.

[4:49:03] So my question in Lake Pickett is that we are changing it, though, because we're taking out those properties.

[4:49:13] But then are those properties that are being taken out of the map exempted?

[4:49:19] That's where I'm kind of confused on that one.

[4:49:22] I understand the other ones aren't changing, but the Lake Pickett one is.

[4:49:26] So it's a bit confusing.

[4:49:27] So, Commissioner, as the board gave us the direction to make the amendments both text and

[4:49:33] map amendments for the Lake Picket Study area, we are moving forward with those as part

[4:49:39] of the adoption packet of vision 2050.

[4:49:44] The only reason why you see Lake Picket as part of the list of communities there is consistent

[4:49:51] with the answer that Jason just gave, it's part of the intended sector, the existing policies

[4:49:56] and adopted regulations for those.

[4:50:00] Those communities that are already adopted within that study area, including the grow, would be able to continue to apply for change determinations or any other type of application,

[4:50:13] with the understanding that we have direction from the board to make the amendments to the northern community of like ticket study area.

[4:50:22] Just curious if anyone's as confused as I am.

[4:50:27] No.

[4:50:28] All right.

[4:50:30] Okay.

[4:50:31] So I'll just throw out a scenario because I...

[4:50:34] So I'm in a corner lake.

[4:50:37] And I feel familiar with the...

[4:50:38] Yeah.

[4:50:39] Okay. You have corner lake.

[4:50:40] Let's say one of those properties north of corner...

[4:50:42] On the north side of corner lake.

[4:50:45] Which is being taken out.

[4:50:48] It says, oh, I want to, you know,

[4:50:50] throw in a complainment of something.

[4:50:53] during this, but they're exempted, but they're being taken out of the lake pickets.

[4:50:57] They won't be applying for the lake picket.

[4:51:00] They be applying, let's say, for something else.

[4:51:03] Would they be able to?

[4:51:05] Because they're exempted from this.

[4:51:09] I think the current, so, okay, let me ask the question this way.

[4:51:14] Is the exemption of the map on the map?

[4:51:19] 23.

[4:51:19] that we had said we want, that's going to be changing too, or is it on the map that it was before?

[4:51:27] So Commissioner, you have not acted on the request. The effective vote on the changes will only happen during the adoption of vision 2050, so that has not happened.

[4:51:42] So, we would continue to receive applications within what has been adopted by the Board of

[4:51:50] County Commissioners.

[4:51:53] So, the grow?

[4:51:54] Yes.

[4:51:55] But the other properties outside of the grow, and I'm just any of them, it's not the, you know,

[4:52:02] Lake Pickett North, could be one of the others, like I said, you know, that just happened

[4:52:05] to be thrown into the map that isn't part of the grow or are sustaining.

[4:52:09] What if they were like, hey, I wanted to throw an application, like, would they be exempted?

[4:52:13] So that particular case that you're defining right now would have to be a PDRP which is a

[4:52:20] planned development regulating plan within that area that we're now modifying.

[4:52:25] So those particular properties would have to request a PD application for that.

[4:52:32] But they don't have a complaint amendment. Correct. Correct. So that would be the PD.

[4:52:37] Right. They have a conceptual regulating plan which is the...

[4:52:41] They're not part of that.

[4:52:43] Then I'm confused about the properties that you're referring to,

[4:52:46] because once that are within the study area,

[4:52:48] north of corner lakes, they don't have a future land use.

[4:52:52] Correct, and that's the application.

[4:52:54] It would be a plan development to change the existing current

[4:52:59] future land use to LP the late picket future land use.

[4:53:03] That would be what we would be receiving and reviewing,

[4:53:06] but in this particular case, that particular property

[4:53:09] falls within the area in question, which is we do not have, you know, it is an area

[4:53:17] that is under review right now in terms of the text and map that applies for that application

[4:53:23] to take place.

[4:53:25] So, because it's so confusing, we're changing the map, how about we not accept exempt it?

[4:53:32] I mean, the growth already have all of their future land use, right?

[4:53:37] They're all set, aren't they?

[4:53:38] They are, so they have their adopted future land use and regulating planning places.

[4:53:45] So they don't have to do any more complex amendments of future land use maps.

[4:53:50] So why do we have to exempt them now?

[4:53:53] That might be a legal question.

[4:53:57] I think the short answer is that you have not adopted vision 2050 yet.

[4:54:02] So those proposed changes are not effective.

[4:54:04] this is related to the current existing today,

[4:54:09] compounding, which those policies and that map are in your adopted

[4:54:13] compland.

[4:54:14] Yes.

[4:54:15] And so, but it's just the same situation

[4:54:17] than as every other property in Orange County

[4:54:19] that we are putting this suspension on.

[4:54:23] I'm not getting it.

[4:54:24] I'm answering the question about whether or not it was the map

[4:54:27] that exists.

[4:54:28] That's going to exist based on your proposal.

[4:54:30] I don't think that's the decision.

[4:54:32] The mayor just asked though.

[4:54:33] No, I didn't ask the question. They responded to your question.

[4:54:37] Oh, and yeah, that's not the, sorry, that's not answering the question that we were asking.

[4:54:43] The mayor didn't ask a question he simply threw it to me.

[4:54:45] I was answering the question that you had asked related to Matt.

[4:54:49] It's answering your question.

[4:54:50] So answering your question.

[4:54:52] Okay, so, but it's not answering the question.

[4:54:56] Sorry, the answer I'm trying to ask though.

[4:55:00] So I'm saying is that looking at the details of it, that property is in the same situation as

[4:55:09] every other property, like an orange county.

[4:55:15] So it's, it's go, so like horizon's west for

[4:55:17] example, it's better if I give an example. So horizon's west, right? It's not changing

[4:55:21] whatsoever from now to vision 2050. Like pick it though, it's in a different situation, it

[4:55:28] is changing. It could change based on this board's decision.

[4:55:32] Yeah, but so everything else. So what I'm saying is Lake Pick is in the same situation as every other property

[4:55:38] arch county besides Horizon West and I think the other one was innovation way or whatever.

[4:55:45] Today, however, Lake Pick is in the same position as the other areas in which that has been exempted

[4:55:51] in that it carries that special planning designation in the current component.

[4:55:54] So, I think you're comparing the possible adoption of vision 2050 and what that decision

[4:56:04] could be to Horizon's West today.

[4:56:07] So Horizon's West today and Horizon's West post vision 2050 adoption may not change.

[4:56:13] But today, the late picket area falls within the same category.

[4:56:17] So based on when this direction was given to the board to bring this ordinance forward,

[4:56:21] we treated it the same as Horizon's West.

[4:56:24] So that's why the exemption is contained within the draft that's purivore you today.

[4:56:30] Okay, but the reason why we're doing this suspension is to prevent issues,

[4:56:36] the confusions of changes happening when we're trying to go in a certain direction.

[4:56:40] So that's a policy call for the board in the consideration of this public hearing,

[4:56:45] but that is why the exemption was contained in the draft that's presented for you today.

[4:56:49] Okay, so I make a motion to approve the requested act.

[4:56:56] I have a call of the question yet.

[4:56:59] Yeah, but we don't find time was worth it.

[4:57:01] We don't need you to still have a question to make a motion.

[4:57:05] But Christina Moore does this all the time.

[4:57:10] I still have not called a question.

[4:57:13] And we're still getting input.

[4:57:16] if you're done commissioner, then I will, at some point I will call the question.

[4:57:21] But, I mean, is there a certain, is, so first of all, can you explain the difference between what I was trying to do and what, like,

[4:57:31] Christine more did with the visitor land do?

[4:57:33] I'm not going back on that.

[4:57:35] I'm just trying to, I'm just trying to, I'm trying to understand what's the process.

[4:57:40] Are you through asking questions?

[4:57:44] I'd like to make a motion for the request to access that, but what I can do is to

[4:57:48] submit all of your questions. Are you through asking questions at this point?

[4:57:53] Yes, I am, and I'm in. Okay, all right, so do we have any other members of the

[4:57:58] board who have any questions? Okay, if we have no questions, then if you would like to

[4:58:05] make a motion, you can make a motion at this time. I'd like to make a motion for

[4:58:09] question action taking out the exception for the lake picket.

[4:58:14] And that may given what the county attorney said, I want to make sure that whatever

[4:58:23] we're doing here, we're not creating an unequal kind of position for any of inappropriate

[4:58:34] on as our developers pursuant to what is being suggested now?

[4:58:41] I would only repeat that the map 22 that is the subject of the reference at line 94.

[4:58:50] Lake Pickett map 22, Future Land Use map 23 is currently in your adoptive compound.

[4:58:58] So the requested action by Commissioner Bonia would to be treated to treat that area differently

[4:59:03] than the other master plan communities.

[4:59:06] But it'd be treating it the same way as any other property

[4:59:09] arch kind that we're doing.

[4:59:10] The reason why we're doing this is to prevent confusion,

[4:59:15] which can happen, unfortunately, on this property,

[4:59:18] because it's different than the other properties.

[4:59:20] OK, so a commission of what the other let me understand

[4:59:22] what you're saying.

[4:59:24] In terms of you don't have an issue with the other master plan

[4:59:28] communities, they were identified in the presentation.

[4:59:35] Yeah, so let me clarify a little bit more.

[4:59:40] So those exceptions, the cries in West,

[4:59:43] avalanche park, innovation way, I drive.

[4:59:46] They are going to see the same in vision 2050.

[4:59:50] Now, let's say the property and unaccorporated,

[4:59:53] let's say my property, whatever,

[4:59:55] like I just throw like where I live, my property, right?

[4:59:58] It's not included in any of these.

[5:00:00] But it's going to be included in the suspension because my property, and I'm just throwing out an example, may change with the vision 2050, with a lot of the other properties in Orange County.

[5:00:15] So, it's going to change, so the link ticket is going to change too if vision, you

[5:00:21] know, you keep seeing, if what are, if vision 2050, it's in this link ticket is in

[5:00:26] the same situation as all the other properties, where if vision 2050 gets approved, then

[5:00:32] these changes are going to happen.

[5:00:36] But Horizon West, Adelaan Park Innovation Way, I drive, we're going to stay the same.

[5:00:40] So, the suspension, the purpose of it is to prevent any confusions or complications between that change,

[5:00:48] which is why I'm saying, then Lake Pickett should be suspended as well to prevent that confusion and that complication and that change.

[5:00:56] Okay, let's have... Let's have... Let's have staff respond to that because what I'm hearing is something a little bit different from what staff is saying,

[5:01:08] what you were saying and what the County Attorney's office is advising us at this point.

[5:01:16] What is before us is this language with enumerated master plan communities that were not

[5:01:26] be subjected to the temporary suspension and it sounds to me like what you were saying is let's

[5:01:36] take, like, pick it out of consideration for this process, and make, like, pick it similar

[5:01:51] to other properties within Orange County, which does not include these master plan communities.

[5:02:04] And so, in some regard, it is treating if the determining fact that he is the master plan

[5:02:14] and communities that already exist, it's like you will be treating like pick it different

[5:02:21] than the other master plan and communities.

[5:02:24] If I may jump in, I'd actually believe the Commission is correct.

[5:02:29] So, the reason we have these exceptions for horizon-to-west,

[5:02:33] Avalan Park Innovation Way, and then National Drive,

[5:02:36] is because Vision-2015 Orange Code is largely

[5:02:39] leaving those areas of the county unaffected

[5:02:42] with the new conference of plan and the new regulatory requirements.

[5:02:46] You stop the new PDs in those areas of the county

[5:02:49] and the underlying future land use map is not changing.

[5:02:53] For the grow, for example,

[5:02:55] While it was listed as a master plan community, the grow, which would be the only remaining

[5:03:03] parcel with vision 2050 in the Lake Picket Study area, is unaffected because it's an existing

[5:03:10] PD.

[5:03:11] And so I don't think it would agree with the commissioner.

[5:03:14] I don't think the exception is necessary, because anything left, any of the other parcels

[5:03:19] within the currently Picket Study area, most of those are probably being removed with the

[5:03:24] the vision 2050 package so they aren't changing, which is, again, one of the reasons we've sort of closed off the rest of the county is to minimize that.

[5:03:34] But then when you look at, you know, what the requirements as Alberta was attempting to describe for any future application like pick it,

[5:03:42] it's a complement amendment and a rezoning going through a very specific process.

[5:03:46] And so I don't believe that deleting Lake Pickett from this list would have an adverse impact in terms of the county's ability to continue to process applications where appropriate.

[5:03:59] And then also make sure that we've been able to work through the backlog, existing applications within the timeframe of getting vision 2050 to the finish line.

[5:04:09] I think we can make that change. I think that's workable.

[5:04:14] Okay, so, for the clerk,

[5:04:22] we would have to offer some specific language to Commissioner Bony's motion

[5:04:32] so that it is well articulated.

[5:04:37] What is it that we would be voting on?

[5:04:40] Okay, so Ms. Holmes, do you have this language?

[5:04:45] I do Mayor. So based on Commissioner Boney is motion we would remove there is a list of five master plan communities

[5:04:52] enumerated from line 92 to 99. We would remove the item number two.

[5:05:00] 3, 4 and 5 accordingly. Okay. And does all of the staff understand? Okay. And does the clerk, do you have the language?

[5:05:14] Yes. And then you're also going to, um, within that motion, the changes that were made to the draft ordinance from May 12th.

[5:05:26] that Mr. Swarnson had on the slide,

[5:05:29] because that's not the current ordinance we have.

[5:05:31] Yes, that's included in the motion.

[5:05:37] So by this action,

[5:05:40] there's two things that we're building,

[5:05:42] Is that what the clerk said?

[5:05:45] All right.

[5:05:46] And so with that,

[5:05:49] Commissioner Moore, did you say second?

[5:05:51] Yeah, but she said she had second,

[5:05:53] but I was going to second.

[5:05:54] Oh, I wasn't sure we have.

[5:05:56] I'm just trying to hit all of that.

[5:05:59] OK, all right, Commissioner Moore is the second

[5:06:02] or all in the motion.

[5:06:03] All right, so all in favor, let it be known

[5:06:06] by saying aye.

[5:06:08] Opposed no.

[5:06:10] All right, the motion passes and it is unanimous.

[5:06:13] All right.

[5:06:14] With that, I believe that was the final item of the day.

[5:06:21] And so, to all of you who are watching, stand adjourned.

2024-05-21 Board of County Commissioners

Agenda

Transcript