BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

September 13, 2022

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, September 13, 2022, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Lee Constantine (District 3)

Commissioner Jay Zembower (District 2)

Commissioner Amy Lockhart (District 4)

Commissioner Andria Herr (District 5)

Interim County Manager Bryant Applegate

Acting County Attorney Paul Chipok

Clerk of Court and Comptroller Grant Maloy

Deputy Clerks Terri Porter and Kyla Farrell

OPENING CEREMONIES

Father John Bluett, St. Stephen’s Catholic Church, Winter Springs, gave the invocation. Commissioner Constantine led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3649

Hunger Action Month

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve a Proclamation proclaiming September as Hunger Action Month in Seminole County. (2022-3649)

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

Jackie Nitti, Second Harvest Food Bank, accepted the Proclamation with appreciation. She addressed the Board noting that right now, one in seven people in Central Florida are experiencing hunger, and one in five children. They are providing food to over 500 partner agencies in a six-county area. They had hoped their numbers would be dropping at this point, but unfortunately due to the cost of living, they are not. They are still seeing pandemic numbers reaching out in need of food. She thanked the Board for the recognition and the community for their support.

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Chairman Dallari recognized Commissioner Lockhart stating she was reappointed to the Seminole State Board of Trustees last week by Governor DeSantis. He noted it is one thing to be appointed to that board, but then it is another thing to be reappointed to that board, and Commissioner Lockhart has been reappointed and it is pretty significant. He added it is also significant because she was also the Outstanding Trustee for the State of Florida. Commissioner Lockhart thanked the Chairman for the recognition stating she was honored to be appointed initially by Governor Rick Scott to serve on the Board of Trustees for Seminole State, and then to be reappointed by Governor DeSantis is quite an honor. She added they have a great group of people serving on the Commission’s behalf because Seminole State is their state college here in Seminole County.

Agenda Item #2 – 2022-3651

American Rescue Plan Update

Tricia Johnson, Deputy County Manager, addressed the Board and presented the ARPA (American Rescue Plan Act) Update (presentation included in the agenda memorandum).

Ms. Johnson advised they have two city agreements of the six cities that are participating that are on today’s Consent Agenda for their consideration. The rest of the city agreements have been executed and her team has been working with the cities to invoice and receive those first initial payments for the programs that each city selected to participate in. Each city is participating in different programs based upon their priorities and goals.

Of the $91.6 million since this Board reallocated about $4.8 million at the time, on March 8^th, now portions of that money have been used for other projects, and they have about $4 million that is currently unallocated. After discussing this with the ARPA team and Resource Management, it is staff’s recommendation that they not allocate this $4 million at this time. They will need to consider it probably in the second quarter of next year as to where it should go. They have a number of opportunities for where these dollars could be spent. They know that the Midway project will come in much higher than $10 million; they know Rosenwald might exceed $3 million as well; and certainly, affordable housing is another opportunity. They also have a number of county projects that benefit this community that as the costs come back much higher, unfortunately due to construction costs and supply chain issues, they may need to consider if those are a good use of ARPA dollars. As they prepare for the 2024 budget process, staff recommends that they hold onto this money. It certainly needs to be spent within U.S. Treasury guidance and within the timelines provided by the Treasury and on projects that benefit their citizens, but not allocated toward specific projects at this time so they have a little flexibility moving into the next fiscal year.

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

Commissioner Lockhart commented they have done a great job, and when they have had an opportunity to talk to those in the Florida Association of Counties and other jurisdictions around the state, she is very proud of the work their team is doing. Chairman Dallari agreed stating that not only did staff handle their normal workload, they had this additional workload of handling and distributing these dollars.

Commissioner Constantine stated he thinks it is prudent that they hold back on allocating the $4 million as they move forward and he agrees with staff’s recommendation. He noted at the National Association of Counties in Denver he was asked as the representative of Seminole County to speak on this specifically because they have done a lot of innovative programs and wanted to know specifically about their work with the workforce and Seminole State College.

County Manager Bryant Applegate thanked the Board, Tricia Johnson, Meloney Koontz, Allison Thall and her team; and Brijesh Patel. As the Chairman stated all this was done by staff in addition to their normal workloads. He also thanked Lorie Bailey Brown and Time Jecks and the Sheriff’s Office as well. He also mentioned that the previous County Manager Nicole Guillet was steadfast in making sure that a team was assembled and that this money would be spent and spent wisely and for the benefit of those in need and under the guidelines of Treasury. He complimented Tricia Johnson on a great job and presentation.

Agenda Item #3 – 2022-3650

Annual Urban Bear Management Update

Mike Orlando, Assistant Bear Program Coordinator, Florida Fish and Wildlife Conservation Commission (FWC), addressed the Board to present the Annual Urban Bear Management Update (presentation included in the agenda memorandum). He noted this was part of the agreement when Seminole County passed their Urban Bear Management Ordinance that he would come and give a yearly presentation.

With regard to public participation, Katrina Shadix thanked Mr. Orlando for a great presentation. She advised they are having a 5K Black Bear Romp on October 21^st in the Wekiva State Forest that raises money for Seminole County citizens to obtain those bear-resistant trash cans at a reduced rate. She added she still offers the straps to secure trash cans for free and has given out over 4,000 of them.

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

Speaker Request Form was received and filed.

Commissioner Herr thanked staff and noted they are sending out the Bear Aware postcards on a monthly basis to anyone that moves into the hot zone. The Property Appraiser’s Office is helping with it; there is a whole team effort to help save the bears. She said she does not think the card mentions to crush the big containers so that bears don’t get their heads stuck in them, so at the next iteration, she said they may want to consider adding that as a bullet point. Commissioner Herr then asked Mr. Orlando about the bear called “Tripod” who only has three legs. Mr. Orlando said they have been monitoring him for years and he was doing very well, but they had seen a recent photograph where he looked a lot skinnier than he had in the last few years, so they are closely monitoring him.

Commissioner Constantine thanked Mr. Orlando and asked about the bear trashcans. Mr. Orlando advised they are lending support and any subject-matter, expert advice they can give to the counties and cities and HOAs. As of right now, they have been focused in a different direction when they are asking for funding for something equally as important. They had put a big push, $2.1 million, into the original trashcan expansion. Unfortunately, they are not asking for that money again anytime soon that he is aware of, but the cities and counties are allowed to ask for an LBR. He confirmed that Seminole did that but it was denied. If there is a chance it comes up, they will lend the full weight of the agency to say yes, they absolutely would like Seminole County to get this grant money to purchase trashcans and that sort of thing, but unfortunately it has not happened yet.

Commissioner Constantine stated he respects the fact that FWC has other priorities, but when the request is coming from them to be used and issued statewide, it has a lot more weight than cities and counties asking individually. He noted they still have a number of HOAs that would love to get the trashcans at a discount. He noted the County should continue to concentrate on the Homeowners Associations as opposed to individuals; it has to be the entire community. Mr. Orlando noted there is a recent study that just came out that if 60% of an area has bear-resistant cans or are doing something, that that dramatically decreases the bear issues. This happened in Colorado. But they are finding the most success with blocks of homes in HOAs. Commissioner Constantine added that is what they have concentrated on when giving out the cans.

Commissioner Constantine asked how the other counties are doing statewide. Mr. Orlando said that Seminole is the best at it; and there are a handful of counties doing it and they are doing a really good job. As far as a wholly concerted effort, there is no one that has done it as well as Seminole County, and they hold them up as an example of how to do it all over the state. In fact, they have given presentations out of state and internationally about Seminole County and some other counties in connection with human-bear conflicts.

Commissioner Zembower said they would be remiss if they did not recognize the HOAs who have agreed to adopt the bear awareness regulations and education process; hopefully, most of them are reviewing that annually with their residents. He wondered how they compare overall in trendlines to Lake and Volusia. Mr. Orlando advised Seminole has been trending downward for years now; Lake and Volusia are relatively stable. Volusia trended down for a little while, but they still overall have more conflicts than Seminole does. Seminole just has a more complete package than everyone else, and it shows. But overall, they are still having bear issues throughout the state.

Chairman Dallari wanted to know if when hiking and camping out in the natural lands, whether the State requires the bear cans, the cans to hold food that would not attract bears. He advised no, but the federal government is different. The U.S. Fish and Wildlife Service and the U.S. Forest Service does have rules and regulations about camping and hiking. Back-country issues turn out to be more serious than front-country.

Agenda Item #4 – 2022-3624

SunRail Transition Plan Update

Paul Chipok, Acting County Attorney, announced this item stating the Board previously had an update in July and there were some questions at that time. They took those questions and worked with the consultant, WSP, and met with each Commissioner individually. The issue before them today is to provide guidance on the preferred governing structure for the SunRail Transition Plan. He stated the Transition Plan has Options 1, 2 or 3 for the structure of the SunRail governance. Option 3 is to have an existing agency take over the operations of SunRail. He advised Lynx is the existing agency that is identified in Option 3 in the documents as they stand today. If Option 3 is selected as a preferred option by the CFCRC (Central Florida Commuter Rail Commission), a separate, formal, executed agreement between the CFCRC and Lynx will be needed to accomplish the assignment of the duties to Lynx. Supporting Option 3 today is not a self-implementing contract with Lynx as the existing agency; it is just the first step to provide the guidance and guidelines in the Transition Plan of how to get there. He explained the consultant, WSP, needs direction from the CFCRC as to which governing structure option is to be utilized so that WSP can develop and finalize a Transition Plan. The CFCRC will be making that decision September 22^nd, which is why they are having this presentation today to provide their representative, Commissioner Dallari, with direction as to what the feeling of Seminole County in this is. He then introduced Ms. Kendall.

Michelle Kendall, WSP, addressed the Board to present the SunRail Transition Plan Update (presentation included in the agenda memorandum). She noted also in attendance is Ron Hartman with WSP, Mike Heffinger with FDOT, and Tiffany Homler Hawkins with Lynx, who are available to answer any of the Board’s questions. Mr. Kendall then proceeded to cover the presentation (included in the agenda memorandum) and then answered the questions they went over during the one-on-one briefings. Mike Heffinger, FDOT District 5 Director, addressed the Board and explained why the costs are higher than what was originally anticipated.

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

Commissioner Herr stated her perspective with regard to this is that they have eliminated Option 4 and eliminated the option of FDOT retaining funding; they have eliminated the option of MetroPlan kicking in, and they have eliminated the option of opting out. She is prepared to support Option 3 as the most viable option of those after the investigation.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to select Option 3 for the structure of the SunRail governance.

Under discussion, Commissioner Constantine mentioned the development that has happened within the corridor of SunRail is a success story. Many just want to talk about ridership and do not understand the impacts of expansion and how that ridership is still taking cars off of the roads. He pointed out that the one thing he thinks they need to really focus on the State continuing, in some form or fashion, to be very much involved in SunRail as they are with Tri Rail. He said this is not just a Central Florida system. It is a benefit to the entire state. Brightline, quite frankly, would not be coming to Central Florida and then on to Tampa if this did not exist. Just as they see a statewide significance in Tri Rail for those three counties down south, he thinks it is very important that FDOT push forward the concept to the Legislature that it is not just the three South Florida counties that are important with Tri Rail, as Brightline continues to expand all the way to the airport and then beyond. SunRail is a key component to the big picture of multi-model systems in Florida. Just as the State subsidized the Tri Rail system, they should be looking at subsidizing, in some form or fashion, the SunRail system.

Commissioner Herr commented she agrees with the Commissioner, and as they contemplate their legislative priorities for the year, they may want to contemplate how they approach that need and whether or not they approach the surrounding funding partners for the same ask, so that while they are asking FDOT to lean in, if maybe they all lean in the same direction, the boat will tip.

Chairman Dallari stated if that is the direction they would like to ask of the Central Florida corridor for SunRail, he would be more than happy to bring that request to the SunRail Commission. There was consensus of the Board. He said he will be happy to bring this up to MetroPlan as well at the next meeting.

Chairman Dallari asked Mr. Chipok to brief them in the future on the status of S-Line and why the significance of that was because this Board as well as the SunRail Board invested quite a bit in the S-Line. He wants to make sure that is being moved expeditiously as well as the additional, outstanding items that need to be completed by FDOT before the transition. He added it is not just the positive train control and it is not just completion of Phase 2 North, there is a whole host of items that need to be completed by FDOT before the transition. He wants to make sure the entire Board is aware of that.

Mr. Chipok noted they had an initial kick-off meeting with FDOT last Friday from the local government partner representatives with DOT to start addressing those specific questions. They do have a list that they have compiled several years ago now; they have been whittling away at the edges of it and now it is time to do a deep dive. They are doing that with DOT and DOT is prepared to be meeting with them on a now monthly basis to address those questions. He said those meetings will probably be held more frequently as they dive deeper into the issues.

Mr. Chipok stated during the presentation, it was mentioned that they did get the materials on the TOD (Transit Oriented Development). He wanted to take this opportunity to ask the Board if there is consensus as to whether they want County staff to do a Frequently Asked Questions on the TOD that they can put on the website and refer back to the FDOT materials. There was consensus to do that.

Commissioner Zembower said he would also find it beneficial to publish an FAQ in reference to the benefits of economic development studies that were done in and around this SunRail project so everyone has an understanding of how that is going to actually impact each partner in the Central Florida region.

Chairman Dallari noted that he had to give a presentation at the Chamber regarding SunRail, and they had asked the Property Appraiser to do a review of TOD one-half mile out and he will be providing that to the Board.

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

CONSENT AGENDA

Interim County Manager Bryant Applegate advised they would like to remove from consideration today Item #9, a request to issue a determination that the unoccupied structure located at 2179 Sipes Avenue, Sanford, is a Public Nuisance; and Item #31, request to approve a Resolution amending the Casselberry Community Redevelopment Agency (CRA) to add Parcel #17-21-30-510-0000-001A to the Community Redevelopment Area and Plan. Those will be brought back at a future meeting. He added he knows Mr. Chipok would like to pull Items #18 and #19 to discuss last minute changes.

Public Comment for Item #14 – 2022-3587

Resolution to Amend Admin Code Section 20.45 – Solid Waste Fees

With regard to public participation, Dale and Cheryl Verge spoke in opposition to Item #14 regarding concerns over the proposed rate increase for water and sewage. They explained they are retired and their water bill has become very extensive with their bill running $120 to $130 per month for very conservative use. Chairman Dallari stated staff could talk to them about doing a water audit and also to check and see if their water meter has been changed out. Kim Ornberg, Interim Director of Environmental Services, addressed the Board stating they can have their Water Conservation Coordinator go out and do a full audit and go over ways for them to save and to check the meter. Chairman Dallari stated Seminole is not the most expensive or the least expensive for water fees; they are in the middle, so he does not understand why their bill would be excessive. Ms. Ornberg agreed that their bill seems high and they will work with them. The citizens stated they had an audit done and their meter changed and many of their neighbors are having the same issue. Chairman Dallari asked Ms. Ornberg to brief the Commissioners individually when she has more information. Ms. Ornberg suggested they can have the entire subdivision looked at.

Commissioner Lockhart stated she knows they have had work sessions about this and they have public presentations regarding the rates and they have had multiple conversations, but she thinks since this is the actual agenda item, there is an opportunity to look at their rate increase history, or lack thereof, over a period of time. When she hears someone say their bill continues to go up and go up, and she knows they have not done any rate increases, it does not make sense to her.

Ms. Ornberg responded that for water and wastewater since 2013, the increase was 3% for the period 2013 through 2016; 2017 had a 1.5% increase; a 3% for the period 2018-2019; and for the years 2020 and 2021, there were zero increases; and then in 2022, it was 4.6% and effective October of this year, they are proposing 4.6% as well.

Commissioner Zembower said he thinks Commissioner Lockhart’s point is that this is the hazard that they run into when they fail to keep up with the rates. He noted there are cities right now in this county that because they did not do their increases appropriately, are now finding themselves in need of tens of millions of dollars of infrastructure in their water and sewer systems and they cannot find the money to do it or they will have to go and specially bond money to do that. He opined it is incumbent upon this Board to make sure along with staff that they are given the right information so they do not go from a no-increase, flatline to all of a sudden they have got to jump up 20% to 30% and really impact their users in one cycle. He hopes moving forward that they can revisit this. He knows several of them had insisted that they have annual or biannual reviews to make sure these are on their plates in front of them and it doesn’t get put off in the bushes. He believes this is part of the result of that.

Commissioner Lockhart commented that she does not feel they made a bad decision to not increase rates in 2020 and 2021, if they remember what they were facing then. They did not know what the future was going to hold and the last thing they wanted to do, even in small incremental amounts, was put an additional burden on their citizens not knowing what the pandemic was going to do to their economy and to their community. She thinks that was the right decision at the time, but there are consequences for that. And they are seeing that in all areas, and they are going to face this moving forward in every service area that they deliver. She opined that is why communication, and clarity in that communication, is so critically important for them as a Board and for staff. Over-communication is going to be key, she thinks, as they move forward.

Chairman Dallari stated the Board has heard the Verge’s concerns and staff will try to address this with them and then report back to the Commissioners on their findings for that neighborhood.

Public Comment for Item #12 – 2022-3665

Bartram’s Landing at St. Johns Final Plat

Joe Humphreys addressed the Board and explained he was opposed to this because of the density issues relative to location to the bear preserve and other surrounding properties. They have talked about the differences between what shows on paper and what is approved by the Board and conversations about D.O.s that went south at least in the eye of some of them. He thinks this is a prime example (photograph received and filed). He has gotten all kinds of complaints about the fill that is coming into this property and stated it is higher than the surrounding area. He asked if those that supported this rezone had this in mind when they rezoned it and said he does not think so.

Chairman Dallari questioned when it comes to plats whether it has to be specific about why it was approved or not approved. Mr. Chipok responded that he is correct, the plat is more of an administrative action that is checking that the plat as submitted is consistent with the state and local regulations. Chairman Dallari confirmed that it has nothing to do with land use.

Public Comment for Item #16 – 2022-3677

MOU for JES Consulting Property 5, LLC

Mr. Humphreys stated this is also about a rezone, Lake Sylvan, that was rezoned and it was approved with a D.O. that included a lift station. The majority of the neighbors in the area opposed it, but it was approved. Now they have a bill coming to the taxpayer for $120,000 for something that they opposed, the lift station. He said it is kind of like they are betting against themselves. They have spent a lot of uncompensated time and they have come to the board meetings with attorneys. He wants to know how much of the expense for the benefit of the developer is being paid by the taxpayers who do not benefit from it. He opined this is a unhidden tax and this is not conservative government as far as he is concerned.

Chairman Dallari asked Mr. Chipok who they should speak to in regard to Item #16. Mr. Chipok stated Kim Ornberg can address the specifics of the deal, but the broader picture is that the developer came in with the original plans as approved, and on his site plan, it was for a lift station on his property. In an effort to conserve, his next plan was to move and connect to the lift station that is on the property next door. The lift station on the property next door has historically been problematic and would not support the additional lots that were going to be put into it, plus he was not able to secure a proper easement from the neighboring property owners. So they looked for a solution, and the developer has changed the original plan, again which is what is in the agreement, to rather than do a lift station on his property, he is changing it to a gravity system, running it up along the street and connecting to a lift station further to the west.

Mr. Chipok advised that in addition, the developer is giving an easement across his property so that the problematic lift station to the east can be dismantled and put into his gravity system, which will eliminate the problematic lift station that they have next door. They had been in initial contact with the Homeowners Association and they are very pleased that their problematic lift station will be going away. This MOU wraps all that into a nice package for the Board to consider. He stated that Ms. Ornberg can talk to the cost of maintaining a lift station and how the $120,000 in initial investment now in infrastructure will save them a lot of funds in lift station maintenance in the long run.

Public Comment for Items #14 – 2022-3587

Resolution to Amend Admin Code Section 20.45 – W&S Service Charges

and

Public Comment for Items #15 – 3033-3588

Resolution to Amend Admin Code Section 20.45 – Solid Waste Fees

Katrina Shadix addressed the Board to comment it all needs to be looked at in a holistic situation from the beginning before the rezone is approved instead of looking at it individually after the damage is done. She opined all of this new sprawl is destructive and costly. She talked about infrastructure and higher water fees. She noted she sent her son to a workshop in New Mexico where they taught him how to build sustainable, eco-friendly houses. She thought he should talk with County staff about different options that save water.

Ms. Shadix stated they are having money problems but she sees about a $450 million price tag on a government building that they do not need at Five Points.

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

Public Comment Forms were received and filed.

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

County Manager’s Office

Business Office

5. Approve and authorize the Chairman to execute the Interlocal Agreement between Seminole County and the City of Longwood relating to American Rescue Plan Act (ARPA) funding in the amount of $347,402.96. (2022-3686)

6. Approve and authorize the Chairman to execute the Interlocal Agreement between Seminole County and the City of Oviedo relating to American Rescue Plan Act (ARPA) funding in the amount of $934,534.23. (2022-3687)

7. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-109 amending Section 3.25 of the Seminole County Administrative Code, Delegation of Authority to Accept Documents and Set Public Hearings. (2022-3644)

Community Services

Community Development

8. Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Annual Program Report and Local Housing Incentives Certification form. (2022-3645)

Development Services

Building

9. Pulled from the agenda the request to issue a determination that the unoccupied structure located at 2179 Sipes Avenue, Sanford, is a Public Nuisance, and authorize the Building Official to: (1) serve notice of this determination, pursuant to Sections 168.5 and 168.6, Seminole County Code; and (2) set a date of November 8, 2022 for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code; Notice of Determination of Public Nuisance. (2022-3612)

10. Issue a determination that the unoccupied structure located at 1814 Knox Avenue, Sanford, is a Public Nuisance and authorize the Building Official to: (1) serve notice of this determination, pursuant to Sections 168.5 and 168.6, Seminole County Code; and (2) set a date of November 8, 2022 for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code; Notice of Determination of Public Nuisance. (2022-3616)

Planning and Development

11. Authorize the Chairman to execute a Satisfaction of Lien in the amount of $479.85 associated with the property located at 2337 Worthington Rd., Maitland, FL 32751 filed against property owner Silverline Developments, Inc. (2022-3629)

12. Approve the plat for the Bartram’s Landing at St. Johns subdivision containing thirty-one (31) lots on 8.85 acres zoned PD (Planned Development), located on the north side of Orange Boulevard, one mile west of Monroe Road; Allen & Company, Applicant. (2022-3665)

13. Authorize release of Performance Bonds #K40279465 for water, and sewer lines, in the amount of $195,095.45 and K40279453 for roads, streets, and drainage, in the amount of $410,495.53 for Reserve at Hillview; CND-Keller LLC, Applicant. (2022-3670)

Environmental Services

Business Office

14. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-110 amending Section 20.45 of the Seminole County Administrative Code to increase Water and Sewer service charges by 4.6% and to provide an effective date of October 1, 2022. (2022-3587)

Solid Waste Management

15. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-111 amending Section 20.40 of the Seminole County Administrative Code to increase Solid Waste Fees by 5.25% and to provide an effective date of 90 days after the date of execution of the amendment. (2022-3588)

Utilities Engineering

16. Approve and authorize the Chairman to execute a Memorandum of Understanding (MOU) with JES Consulting Property 5, LLC regarding the Sylvan Estates Subdivision that establishes the terms of reimbursement for the additional utility work the County requested; 6245 S. Sylvan Lake Drive. (2022-3677)

Leisure Services

Business Office

17. Approve and authorize the Chairman to execute the Second Amendment to the Memorandum of Understanding (MOU) regarding the Bill Nygren Carriage Collection between Seminole County and the Seminole County Historical Commission extending the term date three years. (2022-3669)

Public Works

Business Office

18. Pulled for separate discussion by Mr. Chipok the request to approve a proposed Stipulated Order of Taking and Final Judgment Settlement between Seminole County and YRS Midi Systems by George York as to Parcel 103 of the Oxford Road Improvement Project in Seminole County v. AutoZone, Inc. et al. Eminent Domain Case. (2022-3662)

19. Pulled for separate discussion by Mr. Chipok the request to approve a proposed Stipulated Order of Taking and Final Judgment Settlement between Seminole County and Real Feel Recording, LLC as to Parcel 103 of the Oxford Road Improvement Project in Seminole County v. AutoZone, Inc. et al. Eminent Domain Case. (2022-3661)

Engineering

20. Approve and authorize the Chairman to execute a Purchase Agreement/Drainage Easement in the amount of $5,200.00 between Jeff Boreck (owner) and Seminole County for property interests necessary for the drainage purposes related to the Nolan Road bridge replacement over Six Mile Creek. (2022-3660)

21. Approve and authorize the Chairman to execute a Purchase Agreement/Multiple Parcels related to Parcel No. 119/819 for property interests needed for the Orange Boulevard Improvement Project (3,447 ± SF & 72 ± SF respectively) between McKenzie Michael Hoenicke and Charlotte Denise Johnson and Seminole County for $99,500.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3666)

22. Approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and the City of Longwood relating to the Jurisdictional Road Transfer of a portion of Raven Avenue. (2022-3667)

Resource Management

Budget

23. Approve and authorize the Chairman to execute a Federally Funded Subaward Grant Agreement from the State of Florida, Division of Emergency Management, in acceptance of $116,668.00 for the Emergency Management Performance Grant (EMPG) award; and authorize the County Manager and his designee(s) to approve grant documents and further contract amendments for this grant. (2022-3648)

24. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-112 implementing Budget Amendment Request (BAR) #22-068 in the amount of $146,125.00 from Fire Protection Fund Reserves for Fire Station #23 relocation land purchase. (2022-3646)

25. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-113 implementing Budget Amendment Request (BAR) #22-071 through the Public Works Grant Fund in the amount of $68,292.00 from the Florida Department of Transportation related to a Joint Participation Agreement (JPA) for the design of a signal at SR 415 & Celery Avenue. (2022-3656)

26. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-114 implementing Budget Amendment Request (BAR) #22-072 in the 2014 Infrastructure Sales Tax Fund to appropriate budget of $722,900.00 from reserves for traffic signals on Lake Mary Boulevard and fiber relocation on the Mellonville/Celery Trail Loop. (2022-3658)

Purchasing and Contracts

27. Award RFP-604412-22/TLR - Executive Search Services for a County Manager to S. Renee Narloch & Associates, Tallahassee, in the amount of $42,950.00; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3585)

28. Authorize Part B, Optional Services, of RFP-604127-21/LNF - Term Contract for Consulting Services for Permitting Software Needs Assessment, with Plante Moran, PLLC, Southfield, MI, in the amount of $627,834; and approve and authorize the Chairman to execute appropriate Resolution #2022-R-115 implementing Budget Amendment Request (BAR) #22-069 to transfer Building Funds into the project. (2022-3567)

29. Approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultant's Competitive Negotiation Act; and authorize the Purchasing and Contracts Division to execute five (5) Agreements for PS-4272-22/MAG - Master Services Agreement (MSA) for Landscape Architect Services with (1) GAI Consultants, Inc.; (2) Dix.Hite + Partners, Inc.; (3) Canin Associates; (4) Vanasse Hangen Brustlin, Inc. (VHB); and (5) S&ME, Inc.. (2022-3647)

30. Approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act, and authorize the Purchasing and Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-4310-22/GCM - Engineering Services for Seminole Wekiva Trail Tunnels at SR 434 and SR 436. (2022-3659)

County Attorney’s Office

31. Pulled from the agenda the request to approve and authorize the Chairman to execute a Resolution amending the Casselberry Community Redevelopment Agency (CRA) to add Parcel #17-21-30-510-0000-001A to the Community Redevelopment Area and Plan. (2022-3657)

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

32. Approve Expenditure Approval Lists dated August 9, 16, and 23, 2022; and Payroll Approval Lists dated August 4 and 18, 2022.

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

Clerk & Comptroller’s “Received and Filed” Documents

CONSENT AGENDA DISCUSSION ITEMS

Consent Agenda #18 – 2022-3662

Final Judgment Settlement/ YRS Midi Systems by George York

and

Consent Agenda Item #19 – 2022-3661

Final Judgment Settlement/Real Feel Recording LLC

Mr. Chipok advised that Items #18 and #19 are stipulated orders of taking final judgment settlements between Seminole County and two property owners in the Oxford Road area. These agreements go to the tenants on a couple of pieces of property. The agreements specifically call that the tenants had to leave by September 30^th of this year, but the tenants through Counsel have gotten back to staff and asked that the time they need to stay on the property be extended to October 31^st. They recommend approval with the one change that the date that the tenants can remain on the property be extended to October 31^st in each agreement. John Jreij, Public Works Director, and Lynn Porter-Carlton, County Attorney’s Office, both addressed the Board to answer Commissioner Zembower’s questions.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve (1) a proposed Stipulated Order of Taking and Final Judgment Settlement between Seminole County and YRS Midi Systems by George York as to Parcel 103 of the Oxford Road Improvement Project in Seminole County v. AutoZone, Inc. et al. Eminent Domain Case; and (2) to approve a proposed Stipulated Order of Taking and Final Judgment Settlement between Seminole County and Real Feel Recording, LLC as to Parcel 103 of the Oxford Road Improvement Project in Seminole County v. AutoZone, Inc. et al. Eminent Domain Case; both agreements with the dates to move out being changed to October 31, 2022.

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

REGULAR AGENDA

Agenda Item #33 – 2022-3067

Myrtle Preliminary Development Plan

Annie Sillaway, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum stating this is just a subdivision process.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve the Myrtle Preliminary Development Plan containing twenty-one (21) lots on 14.27 acres, zoned A-1 (Agriculture), located on the south side of Myrtle at the corner of Lake Avenue and Myrtle Street, approximately one-fourth mile west of S. Sanford Avenue; Dallas Austin, D.R. Horton, Inc., Applicant.

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

Agenda Item #34 – 2022-3630

Greek Fest 2022 Special Event Permit

Mary Robinson, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.

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

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve and authorize the Development Services Director to execute a Special Event Permit for the Holy Trinity Greek Orthodox Church Fest 2022, to be held on November 4, 2022, through November 6, 2022, and located at the 1217 Trinity Woods Lane, Maitland, subject to staff’s recommendations included in the Special Event Permit; Dr. Sophia Cordoba, Applicant.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Mr. Applegate requested a motion for the Board to authorize the Seminole County Tax Collector to begin collection of the 2022 Tax Roll prior to the completion of the VAB hearings.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve and authorize the Seminole County Tax Collector to begin collection of the 2022 Tax Roll prior to the completion of the Value Adjustment Board hearings, pursuant to Statute 197.322.

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

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Mr. Applegate requested a motion in connection with Amendment #1 to the LifeBoat project. He advised the amount stays the same, it is just a revised scope and staff recommends approval.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to authorize the Interim County Manager to execute Amendment #1 to the LifeBoat Project, Inc. Agreement.

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

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Mr. Applegate reported there will be funds staring to come in from the opioid settlements. They have talked to Allison Thall, Community Services Director, and her staff, and they will be putting a small team together outlining how the money can be used. He noted he has received partnering from the Sheriff’s Office as well, so that is in the works.

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Mr. Applegate recommended that they move the Tuesday, November 8 BCC meeting to November 15^th, at which time there will be a ceremonial swearing in after the election.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to move the November 8, 2022 BCC meeting to November 15, 2022, when the ceremonial swearing in of their elected officials will occur.

Under discussion, Commissioner Zembower opined having meetings on the day of an election is not in the best interest of their community.

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

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Mr. Applegate stated there have been a few questions about when the Charter Review Commission begins. Appointments are usually made in the month of July of the year of that Charter Review, so that would be in July of 2023.

COUNTY ATTORNEY BRIEFING

Mr. Chipok stated he forwarded to the Board yesterday the Sunshine Corridor Resolution (received and filed.)

Mr. Chipok stated they have been working with the other community partners on this. This item is coming before the CFCRC at its September 22^nd meeting. It is a resolution of support to study the Sunshine Corridor, which is an east/west corridor from Orlando International Airport running in a westerly direction to the Orange County Convention Center, and then turning slightly south along I-4, with a stop somewhere in the Disney/International Drive area. Brightline, which is a private organization, is doing intercity rail along that same corridor. They are trying to benefit and dovetail with their efforts for federal funding and what not. He explained they are lending support to be exploratory on this issue. Chairman Dallari said in no way, shape or form does this commit this Board or this County for additional funding. Mr. Chipok confirmed that it is to explore what funding may be necessary in the future, but there is no expenditure of funds on this.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the Central Florida Commuter Rail Commission’s Sunshine Corridor Resolution, which will go before that board on September 22, 2022.

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

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Chairman Dallari recessed the meeting at 11:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Clerk of Court Grant Maloy and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS QUASI-JUDICIAL

Districts 1, 2, 3, and 4 submitted ex parte communications (received and filed).

Item #35 – 2022-3526 (Continued from July 26, 2022)

Langford Villas PD Rezone

Oakwood Construction, Applicant

Joy Giles, Planning and Development, addressed the Board and presented the request as outlined in the agenda memorandum. Mike Towers, on behalf of the Applicant, addressed the Board and stated he agrees with staff’s recommendation and is available for any questions.

With regard to public participation, Katrina Shadix spoke on behalf of Lee Patrizzi in opposition. No one else spoke, and public input was closed.

Public Comment Form received and filed.

Commissioner Zembower advised there was a statement made that this project is in the rural boundary. As he recalls, this is outside of the rural boundary. Ms. Giles noted that is correct; this project is not within the rural boundary. Commissioner Zembower reiterated that this is not development in the rural area.

Commissioner Herr stated for the record the statement from Lee Patrizzi did not need to be submitted as ex parte because staff included it with the agenda memorandum. The statement that was read into the record was already public.

Commissioner Constantine noted four of the eight units are going to be workforce housing. He asked what the difference in price will be between the workforce units and the market-value units. Ms. Giles answered she can’t speak to the prices of the market-value units. As far as the workforce units, the price could be no more than 140% of the area median income. Rebecca Hammock, Development Services Director, addressed the Board and advised the applicant has indicated that they don’t know the price of the homes; but the home price is limited to the buyer’s income, and their income is limited at 140% AMI depending on the number of people in the household. Commissioner Constantine noted the request states all eight houses are going to look the same, and asked if they are all going to be different prices. Ms. Hammock answered the four workforce housing units would have to be at a lower price.

Commissioner Constantine stated in a normal circumstance, this property, which is heavily wooded with a lot of wetlands, would be available for four units; and they’re trying to change it from the current zoning to PD so they can have eight units. He understands the developer is getting four additional units, even if it isn’t at market value; but he asked what the County is getting. Ms. Hammock replied the current land use category does allow the density bonus with either affordable housing or workforce housing; and the Comprehensive Plan promotes the addition for workforce housing and actually has policies incentivizing development through those density bonuses for workforce housing. The benefit that the County is getting are those workforce housing units.

Upon discussion, Ms. Hammock advised, they have to enter into an agreement that those units will remain as workforce housing units. It’s an agreement that goes through the County’s Community Services Department. The workforce housing units will be deed restricted, so anybody that the house is sold to after the initial buyer will also have to meet those income limitations. Her understanding is that all units will look the same so you wouldn’t be able to differentiate between the market-value units and the workforce housing units.

Mr. Applegate opined this is a fantastic proposal. A lot of times the units may look the same, but inside the home there are adjustments made that make them more affordable. Although the formula may be confusing or complicated, this is what the County has been waiting for.

Commissioner Constantine stated he understands that this applicant has gone through all of the conditions. However, he has a concern that as they move forward and they switch these to PD, the applicant is getting everything that they would have been able to have under the current zoning plus four additional units to profit from. As they look forward down the road, he’d like to see if there’s something they can do to adjust that a little bit. Yes, the County is getting four workforce units; but they’re also getting eight properties instead of four that they’re going to have to service. Ms. Giles explained the purpose of the PD zoning classification is simply for the smaller lot sizes because the current zoning has a larger lot size requirement. In order to get the density, they have to go to a smaller lot size.

Commissioner Herr stated she thinks they’re getting teachers, police, and nurses that live in the neighborhood who are currently driving from Volusia County; and that says it all. The fact that they can give families a path to homeownership as opposed to renting for the rest of their lives, that is what they’re getting as a community. Commissioner Zembower concurred and added he doesn’t know of a better place to have this kind of access for young families to go to work in this geographic area.

Commissioner Constantine stated the Commissioners have all articulated very positive reasons to do what they’re doing in affordable, attainable, and workforce housing; and he agrees with them. He isn’t talking specifically about this project, but he’s looking at the future where he can see the potential for misuse of the PD zoning under these classifications.

Motion by Chairman Dallari, seconded by Commissioner Herr, to adopt Ordinance #2020-27 enacting a Rezone from R-1 (Single Family Dwelling) to PD (Planned Development) on 1.16 acres for eight (8) single-family residential lots, including four (4) qualifying Workforce Housing units, located at the northwest corner of CR 419 and Langford Drive; and approve the associated Master Development Plan and Development Order #20-20500005; Oakwood Construction, Applicant.

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

Item #36 – 2022-3623

Sipes 146-147 SSFLUA and Rezone

Travis Barr, Applicant

Annie Sillaway, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. Applicant Travis Barr addressed the Board to state he agrees with staff’s recommendation and is available for any questions.

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

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt Ordinance #2020-28 enacting a Small Scale Future Land Use Map Amendment from Commercial to Low Density Residential and Ordinance #2020-29 enacting a Rezone from C-1 (Retail Commercial) to R-1 (Single Family Dwelling) for one (1) residential lot on approximately 0.18 acres, located along Sipes Avenue approximately 184 feet north of SR 46; Travis Barr, Applicant; as described in the proof of publication.

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

Item #37 – 2022-3643

Kew Gardens Unnamed Right-of-Way Vacate

Gloria Day, Applicant

Ms. Sillaway presented the request as outlined in the agenda memorandum. She advised Public Works needs to speak regarding a drainage easement. Bill White, Public Works, addressed the Board and explained in order to keep this vacate on the agenda, they conferred with the applicant about a drainage easement over the exact area Ms. Day is trying to vacate. When the house was built, there was a drainage pipe put in; but it’s partially in the easement and partially out. Staff needs the easement in case in the future the County would need to update the drainage in that area. Staff has spoken with the applicant, and she has no objection. Mr. White asked the Board, if they chose to approve the vacate, that they condition the approval upon obtaining the easement before it’s recorded. It was noted Applicant Gloria Day was present. Commissioner Constantine confirmed with Ms. Day that she agrees with what Mr. White stated, and that she would accept the drainage easement.

With regard to public participation, Bill Hyde spoke in support. No one else spoke, and public input was closed.

Public Comment Form was received and filed.

Commissioner Zembower stated in the presentation he heard that the desire was to be able to join the fence to the two property lines once this is vacated. He asked what kind of easement Mr. White is requesting. Mr. White answered a drainage easement for drainage from the south side to the north side. Should they end up with a drainage issue in that area, the County would have the ability to go in and either adjust the pipe or provide a new pipe. Commissioner Zembower asked if the applicant is going to fence across this area, how would the County access it. Mr. White answered either through the yard or the existing right-of-way. Commissioner Zembower replied there would be a fence there, and Mr. White stated they’d have to remove part of the fence if they were to put a new pipe in. Commissioner Zembower expressed that is a concern he has. He asked whose expense it would be to remove and then replace the fence. Mr. White answered it would be at the County’s expense if they had to replace the pipe. It would be accessed through the current right-of-way that’s already there.

Motion by Chairman Dallari, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2022-R-116 vacating and abandoning an uncut and unnamed portion of the public right-of-way, as recorded in Plat Book 4, Page 51, in the Public Records of Seminole County, Florida, for property located on the south side of Onslow Avenue and east of Audley Street, Oviedo, Florida; on the condition that prior to filing the vacate, the Applicant will be providing a Drainage Easement in this area; Gloria Day, Applicant; as described in the proof of publication.

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

Item #38 – 2022-0028

Oviedo Vet Clinic SSFLUA and PD Rezone

S. Brent Spain, Esquire, Applicant

Ms. Sillaway presented the request as outlined in the agenda memorandum. Applicant Esquire Brent Spain addressed the Board, and advised he is available for any questions.

With regard to public participation, Katrina Shadix spoke neither in support or opposition. No one else spoke, and public input was closed.

Public Comment Form was received and filed.

Motion by Chairman Dallari, seconded by Commissioner Zembower, to adopt Ordinance #2020-30 enacting a Small Scale Future Land Use Map Amendment from Medium Density Residential and Commercial to Planned Development and Ordinance #2022-31 enacting a Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PD (Planned Development) for a proposed commercial veterinary clinic on approximately 3.49 acres, located at the corner of Chapman Road and West SR 426.; and associated Development Order #22-20500006; S. Brent Spain, Esquire, Applicant; as described in the proof of publication.

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

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Chairman Dallari recessed the meeting at 2:19 p.m., reconvening at 2:22 p.m.

PUBLIC HEARINGS LEGISLATIVE

Item #39 – 2022-3627

Land Development Code Amendment

Floodplain Management

Maya Athanas, Planning and Development, addressed the Board and presented the request as outlined in the agenda memorandum.

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

Commissioner Zembower stated they’ve done an economic impact analysis and a private-property rights impact analysis on this. He knows they are in the process of doing basin studies all across the county, so he wants to know whether or not staff thinks this is going to impact any of their ratings related to that matter. Jean Jreij, Public Works Director, addressed the Board and replied they will be evaluating the floodplain as part of the basin study and will bring it to the Board. It would be up to the Board whether or not they want to adopt it or modify it. Commissioner Zembower clarified that that means, once it’s completed and the Board adopts it, this would be an overlay upon it. Discussion ensued regarding what calculations are done based on these changes to protect adjacent property owners from new development.

Chairman Dallari reopened public participation and Joe Humphreys spoke neither in support or opposition, but voiced his concerns. Public input was closed.

Public Comment Form received and filed.

Commissioner Lockhart asked staff to confirm that this item is referencing changes to the Code pertaining to manufactured home elevations in flood-prone areas. Mr. White explained the issue related to the mobile homes is that previously the Code allowed for a mobile home to be placed on a property and set 48-inches above grade. The new Code requirement is that it must be based on a foot above the flood elevation. It doesn’t really change anything other than now you’d have to check the flood elevation, and then build a foot above that; and it relates to all the equipment and the frame underneath the mobile homes. Commissioner Lockhart stated this item that is an amendment to the County’s LDC is related to mobile homes. Mr. White clarified that FEMA changed the definition; they now say residential structures, so they don’t define mobile homes specifically. The previous Code separated residential structures and mobile homes, so it’s really just pulling the mobile home piece out and calling it residential. The County has always been at a foot above, and that is staying the same. Acting County Attorney Paul Chipok noted that is correct.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt Ordinance #2022-32 amending floodplain management regulations to continue participating in the Community Rating System, consistent with the requirements of FEMA Policy #104-008-03; as described in the proof of publication.

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

COUNTY MANAGER’S REPORT

Mr. Applegate congratulated Rebecca Hammock, Development Services Director, and her team for their great work.

COUNTY ATTORNEY’S REPORT

Mr. Chipok stated he had no report at this time. At the end of the meeting, Mr. Chipok provided a brief report.

DISTRICT REPORTS

District 2

Commissioner Zembower reported on the Whitcomb Drive drainage improvement community meeting and the CFHLA Patriots Remembrance breakfast.

District 4

Commissioner Lockhart reported on the West Crystal Lake community meeting. She advised the folks in the neighborhood surrounding West Crystal Lake started to talk with County staff about requesting an MSBU. When they started to actually pull the layers of the onion back, they realized what they were really requesting was lake management services; MSBU being the funding mechanism, the services being what they were wanting to fund. There has been some communication from elected officials in Lake Mary to each of the Commissioners’ offices about this project. She recognized Lake Mary Mayor David Mealor who was present. Between the City of Lake Mary and County staff, there has been a lot of discussion about how and if they might be able to offer their lake management services in some capacity through a Memorandum of Agreement or Understanding with the Cities. This would be the first of its kind providing these services, and they understand it could be a catalyst for additional agreements; so they need to be careful how they do it because they have a lot of cities and a lot of lakes. It would be a phenomenal opportunity for the County to help improve water quality potentially throughout the county for years to come. Chairman Dallari commented he thinks they have done this before. Commissioner Lockhart explained the reason this one is different is because in other lakes where they’ve done an MSBU where Cities have participated, at least part of the lake was unincorporated and the other part was incorporated. West Crystal Lake is entirely within the incorporated area of the City of Lake Mary.

Commissioner Lockhart advised she is looking for consensus to give the Interim County Manager and the Acting County Attorney direction to work with the City of Lake Mary to make this project happen. A lengthy discussion ensued regarding the legality of such an MSBU; Lake Mary Mayor David Mealor addressed the Board to pledge his support; and Kim Ornberg, Interim Director of Environmental Services, addressed the Board to explain the County’s responsibility of water quality of their own watersheds that actually discharge into the waterbodies.

Commissioner Lockhart asked if staff could request an Attorney General Opinion on the matter. Mr. Chipok replied the statute that allows the County to do an MSBU, which is the funding source that they use for the Lake Management program, states it has to be County property or some County property has to be involved. The statute does say if municipal property is involved, that is permissible to join them in; but it is silent on if it is solely municipal property. Since there is a list of what they can do, and it does include what happens if it’s partially City and partially County, under statutory interpretation, everything that is not on the list is therefore excluded. Mr. Chipok added there is nothing that prohibits the City from doing a special assessment against their community. Basically, it comes down to whose tax bill is it going to be on. As far as technical expertise, they have checked with various departments, and they have the manpower and time to take on that additional work if the City wants the County to add that to the program; the City could act an as administrator of the program. That isn’t the issue; the issue is the funding source. Further discussion ensued. Mr. Applegate reminded that staff can only advise, and this is a policy decision. If the Board instructs staff to establish an MSBU, staff will do that and enter into an Interlocal Agreement.

Commissioner Herr stated she believes they should be charging the City for the services of the County’s team, and there was Board consensus that that would be the case.

Chairman Dallari stated he believes the Board is asking staff to look into it and report back to the Board. Mr. Chipok stated if it appears that there is no direct legal authority on the matter, he could pursue an Attorney General Opinion if that is the direction from the Board. Chairman Dallari stated he was all right with that if they needed it; the Board would like to see a legal path for this.

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Commissioner Lockhart discussed SCPS bus stops that are placed in close relationship to certain offenders in the Midway area. For obvious reasons, there is a desire to make sure that children are not in a place that would be inappropriate for them. She would like to ask staff to get together with the Sheriff’s Office and the School Board to try to flesh out why it is that they can’t seem to get school bus stops placed in an area that is not within a particular circumference from offenders in the community. Discussion ensued, and Chairman Dallari stated they will let staff work on it. Mr. Applegate stated he’ll reach out to the Sheriff and the School Board.

District 3

Commissioner Constantine reported on events he has recently attended and upcoming events.

District 5

Commissioner Herr reported on the following: the Orlando Economic Partnership; Osceola County Government who won a grant to bring microchip manufacturing to the state; ROM was awarded the Non-Profit of the Year from the Seminole Chamber; LYNX salary adjustments; and LYNX funding for electric buses. She announced Seminole County Firefighters are being deployed to California and wished them Godspeed.

District 1/CHAIRMAN’S REPORT

Chairman Dallari stated earlier today they talked about SunRail. He asked David Johnson, Property Appraiser, to do a half-mile radius around each train station, increase in TIF year-by-year and handed out the information (received and filed).

The Chairman shared that the City of Sanford is asking for a Letter of Support for the Iraq and Afghanistan War Memorial of Florida. (Information on the memorial was received and filed.) There was consensus of the Board for a Letter of Support.

Chairman Dallari noted he’s been speaking with FDOT and MetroPlan Orlando regarding Waze and Google Maps routing people from major roads to side streets and communities. They are trying to help prevent that.

Regarding Leadership Seminole, the Chairman thanked staff for all of their help organizing the event.

Chairman Dallari announced Moody’s and Standard & Poor’s visited last week to do their bond rating for Five Points ($170 million). Lorie Baily Brown, CFO, Resource Management, and her team helped put that together with the Financial Advisor. They walked away not just understanding what makes Seminole County a great place to live, work, and play, but why they do things right and why it is truly Florida’s natural choice. In fact, he believes, they may be getting an increase in their bond rating which goes a long way to show the leadership of staff and all of the wonderful things they’ve been doing over the past couple of years. They asked some very blunt questions about the County regarding infrastructure, reserves, and the financials aspect of it. To see the way staff presented those answers to a satisfactory standpoint of those two agencies was quite an accomplishment. He thanked staff for their ability to articulate the financial aspects of this County and why it is such a great place.

Chairman Dallari discussed the accessibility of their offices. A long discussion was had regarding security and open-door policies. It was determined that the interns from the Sheriff’s Office, that are the first point of contact to the public in the County Services Building, may not be the best impression in terms of customer service to the county’s citizens. Mr. Applegate advised staff is working on it. He feels responsible for the safety of every employee in the building, so he will try to find a balance of what needs to be done because it’s not right for a citizen to come in and not be able to get an answer. He advised he will work with each Commissioner to get their thoughts individually as they work through this valid concern.

Chairman Dallari reported on the Tunnel to Towers 5K.

Regarding the Seminole Forever Ordinance, Chairman Dallari read it and he believes there are some gaps either in funding or making sure it’s fully vetted. The Board directed staff to bring it back at the September 27 meeting; but he wants to make sure if there are gaps, they work them out ahead of time. He asked if the Board would prefer a work session on it. After discussion, it was determined the majority of the Board would prefer a work session where each Commissioner could be present.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to hold a work session regarding the Seminole Forever Ordinance on October 18.

Under discussion, Commissioner Constantine voiced his concerns about waiting until October 18 to have that work session instead of talking about it on September 27 like it has already been scheduled for. Discussion ensued. Commissioner Herr called the question. Chairman Dallari confirmed with Assistant County Manager Meloney Koontz that staff would try to schedule the Seminole Forever work session on October 18 in the morning so all Commissioners could be present.

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

District 3 voted NAY.

Mr. Chipok announced the September 27 meeting has already been advertised. They will modify that schedule to notice the public that that meeting item is being continued to sometime in the future after the work session. Commissioner Lockhart confirmed with staff that they will notify the public of the work session in that modification. Commissioner Zembower stated he hopes any questions that the Commissioners have will be discussed with staff beforehand so they can move efficiently through the work session the best they can. Chairman Dallari asked who will present the work session, and Mr. Applegate replied it will be the County Manger’s Office.

COMMUNICATIONS AND/OR REPORTS

1. Letter dated August 5, 2022, to the Board of County Commissioners, from the Florida Department of Revenue Property Tax Oversight regarding Notification of Receipt of Tax Collectors Budgets.

2. Support letter dated August 12, 2022, from Chairman Dallari to the National Endowment for the Arts, Our Town Grant panelists. The support letter came from Commission Dallari not on behalf of the entire board.

3. Letter dated August 31, 2022, to Chairman Dallari, from Grey Wilson, Seminole County citizen, 5044 Shoreline Circle, Sanford, FL, 32771, regarding restructuring billing by usage. Letter was electronically distributed to the BCC, at the request of Mr. Wilson.

4. The described letter was hand delivered to Chairman Dallari on August 29, 2022, for review. A copy of the email and letter also was forwarded to Tricia Johnson, Deputy County Manager for situational awareness. Letter from Tru-Wood Cabinetry Company, LLC, to Alabama Department of Commerce, Rapid Response Unit, PO Box 304103, Montgomery, AL, 36130-4103 and also to Christian Omran, State Trade and Rapid Response Coordinator, State Rapid Response Program, MSC 229, 107 E. Madison Street, Tallahassee, FL 32799-4137, regarding Tru-Wood Cabinetry Company, LLC, Worker Adjustment and Retraining Notification Act (“WARN”) Notice. Tru-Wood Cabinetry Company, LLC, will permanently discontinue business operations at all locations effective September 5, 2022, resulting in permanent separation of all employees.

5. Letter dated August 23, 2022, from Sheriff Dennis Lemma, regarding Ali’s Hope Foundation Funding Request consideration. The letter supports the founder of Ali’s Hope Foundation, Mr. Joe Gallagher, in their mission to provide mental health resources for adolescents and youth in Seminole County.

6. Letter dated September 8, 2022, to Chairman Dallari, from J.R. Kroll, Seminole County Tax Collector, regarding a request from the Board of County Commissioners to authorize the Tax Collector to begin collection of the 2022 tax roll prior to the completion of the Value Adjustment Board hearings.

FUTURE AGENDA ITEMS

None.

PUBLIC COMMENTS (Items not related to the agenda)

Bill Hyde addressed the Board to discuss his dissatisfaction with some newly added reserved parking spots, and he asked about the Oviedo JPA. Tricia Johnson, Deputy County ManAger, addressed the Board to advise the parking spots Mr. Hyde referenced are being utilized by three employees who have handicapped permits. Because staff wanted to make sure the public who utilize handicapped parking spots had a place to park, they created the reserved spots for the employees. Two of the employees will only need the reserved spots temporarily. Ms. Hammock stated regarding the Oviedo JPA, the County had engaged with them and had some initial meetings. They did express interest in entering into a new JPA; however, they are working on updates to their comprehensive plan and mobility fees, so they wanted to accomplish those things first before moving on with the JPA. Commissioner Zembower asked about Winter Springs. Ms. Hammock explained initially Winter Springs had stated that they weren’t interested; but she has recently received an email from their new planner saying that they would like to enter into a JPA. Staff will start talking to them about that again.

Katrina Shadix addressed the Board and thanked them for their decision to not rush the Seminole Forever program. She read an email from a citizen into the record regarding water on her property. Commissioner Herr advised she received the email last week and stated staff is already working on the issue.

DISTRICT REPORTS CONTINUED

District 4

Commissioner Lockhart stated she neglected to mention an item on her District Report. She explained the rest of the week she will be at the Innovation and Policy Conference for the Florida Association of Counties, and part of the policy conference aspect is when different counties have items that they would like to be addressed as part of the legislative priorities for the association. In the Board’s conversations, there have been two things she noticed that could be relevant. While these were not presented as a part of that policy committee, they do take things from the floor. If the Board would be interested, she would be happy to ask if FAC would be interested in looking at the MSBU provision and how it might impact all of the counties with cities within their jurisdictions. There was consensus of the Board. Commissioner Lockhart stated the other thing that has come up in the past is the state statute that mandates counties to collect business tax receipts. She could ask if they could change the word “must” to “may” regarding the collection of business tax receipts. It would be permissive as opposed to mandatory. There was consensus of the Board.

COUNTY ATTORNEY’S REPORT

Mr. Chipok advised regarding the Lake Management MSBU with Lake Mary, as part of the process to request an Attorney General Opinion, there needs to be authorization from the Board to proceed. Included with the Board’s prior direction, he wants to state for the record that that would include having the Chairman execute a letter that the Board has authorized staff to proceed. There was consensus of the Board.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:08 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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