BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

January 11, 2022

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, January 11, 2022, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Lee Constantine (District 3)

Commissioner Jay Zembower (District 2)

Commissioner Amy Lockhart (District 4)

Commissioner Andria Herr (District 5)

Interim County Manager Joe Abel

County Attorney Bryant Applegate

Clerk of Court and Comptroller Grant Maloy

Deputy Clerks Chariti Guevara and Kyla Farrell

OPENING CEREMONIES

Pastor Franklin Devontenno, SafeHarbor Christian Church, Sanford, gave the invocation. Commissioner Herr led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3148

The Business Spotlight video for FermiTron, Inc., was presented.

Agenda Item #2 – 2022-3147

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve and authorize the Chairman to adopt appropriate Resolution #2022-R-1 recognizing Cecilia Monti for seventeen (17) years of service to Seminole County Government and its residents. (2022-3147)

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

CONSENT AGENDA

Interim County Manager Joe Abel announced Item #29, Ordinance Amending Seminole County Code 72, Emergency Management, has been moved to the afternoon session.

Commissioner Lockhart requested Item #4, Memorandum of Understanding for East Central Florida Regional Resiliency Collaborative, be pulled for separate discussion.

With regard to public participation, Bill Hyde spoke in opposition to Item #20, Lake Hayes Sidewalk Project. He addressed concerns including designs, budget, and schools with no sidewalks.

Commissioner Lockhart inquired of County Attorney Bryant Applegate if there was any desire to bring that back, what would the remedy be. Mr. Applegate responded it was unanimous so anybody could bring it up for reconsideration. Chairman Dallari stated he believes staff has addressed the concerns. His big issue in hearing this several months ago was making sure there was proper funding for the schools in the area, and staff has presented that there's enough money in the sidewalk fund to provide adequate sidewalks to schools.

Jean Jreij, Public Works Director, addressed the Board and advised a few months ago, the Board directed staff to go back and evaluate to make sure there was enough money for the schools. He prepared and distributed a memo dated August 18th. He did not receive any questions or requests to discuss it from the Commissioners. Staff brought this back because it is an infill sidewalk project. There is already some existing sidewalk on that street, and that street is on the penny tax list. Discussion ensued among the Board regarding the sidewalk policy.

Upon inquiry from Commissioner Herr, Mr. Jreij explained the reason you have to cross from the north to the south is because there is a large drainage system ditch on the roadside and they cannot sidewalk all the way. Staff meets monthly with school board staff and the sheriff. Any time there is a concern or an area where they want a sidewalk, staff makes it a priority and addresses it. They do not wait for the next budget year; it is included in the current year. The memo he distributed listed some of projects that were coordinated with the school board and sheriff. He is not aware of any other projects or requests from the school at this time.

Mr. Jreij advised they held a virtual public meeting, and there was only one individual who did not care for the sidewalk in that area. To his understanding, the community on that street welcomes the sidewalk.

Commissioner Lockhart commented the memo outlines places where sidewalks are missing to schools; and for each location, there is a comment in red that either says it belongs to the city, it will be addressed during a certain project, or there is insufficient right-of-way. She inquired what needs to be done to move forward with those missing sidewalks. Mr. Jreij responded all the cities are on the committee which meets with the school board and sheriff, so they are aware. For right-of-way, staff works to obtain the needed right-of-way; but some of them take a little bit longer than others.

No one else spoke in regard to the Consent Agenda; and public input was closed.

Public Comment Form received and filed.

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

County Manager’s Office

Addressing

3. Authorize the Chairman to execute appropriate Resolution #2022-R-2 renaming the following streets: Crystal Drive East to East Crystal View, Crystal View North to North Crystal View, and Crystal View South to South Crystal View. (2022-3100)

Office of Emergency Management

4. Pulled for separate discussion.

Community Services

Business Office

5. Approve the Substantial Amendment to the FY 2021/2022 Annual Action Plan; authorize the Chairman to execute all corresponding document signature pages, Subrecipient Agreements, Subsequent Grant Agreements with HUD; and authorize Community Services Department staff to submit amendments to HUD for approval. (2022-3130)

Development Services

Business Office

6. Authorize the Chairman to execute the Second Amendment to Road Impact Fee/Mobility Fee Interlocal Agreement between Seminole County and the City of Lake Mary. (2022-3311)

Planning and Development

7. Authorize release of Performance Bond #1086628 for offsite roads, drainage, water, and sewer in the amount of $62,673.29 for Cameron Heights Village G-2. (2022-3073)

8. Authorize the Chairman to execute the Satisfaction of Lien in the amount of $842.59 associated with the property located at 1521 Arden Street, Longwood, FL 32750 and filed against Judith E. Williamson; Richard D. Reagan, Jr.; Traci M. Reagan; and Jacob K. Reagan. (2022-3119)

9. Authorize release of Irrevocable Standby Letter of Credit #IS000123525U for sidewalks, paving, and curbs, in the amount of $290,379.94 for City Furniture Showroom. (2022-3141)

Environmental Services

Business Office

10. Approve the Release of the following one (1) original Maintenance Bond, one (1) Letter of Credit for Water & Sewer Facility, and one (1) Cash Maintenance Bond: Maintenance Bond #SU1162764 in the amount of $11,393.23 for Brookmore Estates Ph.3; Letter of Credit #FGAC-20009 in the amount of $24,308.70 for Estates at Wellington; and Cash Maintenance Bond in the amount of $13,273.78 for Strive at Fern Park. (2022-3151)

Public Works

Engineering

11. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $1,200.00 with property owners James J. Ferpes and Michael D. Eby for property interests necessary for the drainage purposes related to the Nolan Road bridge replacement over Six Mile Creek. (2022-3135)

12. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $10,500.00 with property owner Carl L. Ruschin for property interests necessary for the drainage purposes related to the Nolan Road bridge replacement over Six Mile Creek. (2022-3136)

13. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $1,200.00 with property owner Karl A. Strawn for property interests necessary for the drainage purposes related to the Nolan Road bridge replacement over Six Mile Creek. (2022-3137)

14. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $1,100.00 with property owners Karl A. Strawn and Tammy M. Strawn for property interests necessary for the drainage purposes related to the Nolan Road bridge replacement over Six Mile Creek. (2022-3139)

15. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $3,000.00 with property owner Advenir@Magnolia, LLC, for property interests necessary for utility purposes related to the Oxford Road area sewer upgrades. (2022-3140)

Resource Management

Budget

16. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-3 implementing Budget Amendment Request (BAR) #22-012 through the Public Works Interlocal Fund in the amount of $175,144 to allocate funds for the City of Altamonte Springs - Interlocal Agreement with the Northwestern Bridge Project. (2022-3134)

17. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-4 implementing Budget Amendment Request (BAR) #22-013 through the Miscellaneous Grant Fund in the amount of $30,000 to appropriate the grant revenue and expenditure budget for Emergency Management. (2022-3123)

18. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-5 implementing Budget Amendment Request (BAR) #22-014 transferring $259,000 from General Fund reserves to establish expenditure budgets to reimburse the Clerk of Court for court clerks' time in connection with Adult Drug Court, Mental Health Court, Juvenile Drug Court & Veterans Court; establish budget for CJC Portable Generator; increase the Transfer to the Clerk of Court to fund necessary JDE Upgrades; a New Accountant I position; and DebtBook software for implementation of GASB 87-Leases. (2022-3120)

19. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-6 implementing Budget Amendment Request (BAR) #22-015 through the Fire Protection Fund to appropriate budget of $20,000 from fixed asset sale proceeds, $180,000 from insurance proceeds, and $452,625 from reserves for the purchase of a replacement engine in the total amount of $652,625. (2022-3131)

20. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-7 implementing Budget Amendment Request (BAR) #22-018 through the 2014 Infrastructure Sales Tax Fund in the amount of $126,502 from reserves for the Lake Hayes Sidewalk Project (CIP#01785254). (2022-3138)

Purchasing and Contracts

21. Award BID-604235-21/TKH, Seminole County Delinquent Tax Advertising, to the Sanford Herald, LLC, Sanford, in the amount of $42,093.80; and authorize the Purchasing and Contracts Division to issue the Purchase Order. (2021-3043)

22. Award IFB-604216­21/TKH, Term Contract for Seminole County Demolition Services, to Advanced Demolition, LLC, Casselberry (Primary Contractor), Champion Services of Florida, Apopka (Secondary Contractor), and American Persian Engineering and Construction, LLC, Orlando (Tertiary Contractor) at an estimated annual usage of $40,000.00; and authorize the Purchasing and Contracts Division to execute the Agreements. (2021-3028)

23. Award RFP-604205-21/CAR, Term Contract for Utilities Mowing, Landscape & Maintenance, to Ott Landscape Maintenance, Inc., Deland, at the estimated annual amount of $296,640.00; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3133)

24. Award CC-4003-21/GCM, Lift Station Power Generator Installation Phase IV, to Chinchor Electric, Inc., of Orange City, in the amount of $679,565.00; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3122)

25. 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) Agreement for PS-3973-21/RTB, Construction Management Services for the Construction of the Five Points Master Plan Buildings. (2022-3125)

26. 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) Agreement for PS-3968-21/GCM, Midway Basin Infrastructure and Drainage Improvements Project. (2022-3127)

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

Consent Agenda Item #4 – 2022-3153

MOU for Central Florida Regional Resiliency Collaborative

Commissioner Lockhart stated the reason she pulled this for separate consideration is because there has been a lot of public interest in this item and because it is in a different format than originally. When it was originally proposed by the East Central Florida Regional Planning Council, there was some language in it that caused some concerns in terms of the County's ability to be autonomous in many ways. Rereading some of the things that have been changed have put her concerns to rest.

Alan Harris, Chief Administrator of the Office of Emergency Management, addressed the Board and advised it has been slightly adjusted. They have participated in the collaborative since Day 1 but not as an official member. By joining the collaborative, this makes Seminole County eligible for some grants that are going to be coming out. The State of Florida has just assigned an individual for resiliency. Over the last year, the Board has renamed the Seminole County Local Mitigation Strategy Working Group to the Seminole County Resiliency Working Group. As part of that, some of this new MOU is already being taken care of and some of the collaborative items have already been started related to that. By joining this collaborative, they are part of all the other counties that are working together to strengthen resiliency across Central Florida.

With regard to public participation, Charles Lee and Gabrielle Milch spoke in support. No one else spoke and public input was closed.

Public Comment Forms received and filed.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute the Memorandum of Understanding for the East Central Florida Regional Resiliency Collaborative.

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

County Attorney’s Consent Agenda

Item #27 – 2022-3152

Mr. Applegate presented the item as outlined in the agenda memorandum.

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

Commissioner Herr requested clarification regarding blocking the third Tuesday for the entire year for work sessions. Mr. Abel explained work sessions would be at the direction of the Board, and they will be coordinated to work with everyone's schedules. Staff's goal is they would be scheduled at least a month in advance so there is ample time to adequately public notice it and make any preparations that would be necessary for having a successful work session. His goal moving forward would be that the majority of what is brought to the Board is in a presentation format that is both educational and includes a recommendation for approval. It would be things that are not ready for presentation that would be work session worthy, things are just coming out of the ground, things that really need open discussion among the Board in order to give direction on moving forward.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve appropriate Resolution #2022-R-8 updating the operating policies and procedures of the Seminole County Board of County Commissioners.

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

Item #28 – 2022-3142

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve Expenditure Approval Lists dated November 30, December 7, and December 14, 2021; and Payroll Approval Lists dated November 24, and December 9, 2021.

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

Clerk & Comptroller’s “Received and Filed” Documents

REGULAR AGENDA

Agenda Item #29 – 2022-3188

Ordinance Amending Seminole County

Code 72, Emergency Management

This item was heard in the afternoon.

Agenda Item #30 – 2022-3128

BAR 22-009 FY22 Grant & Project Carryforward

Timothy Jecks, Resource Management, presented the request as outlined in the agenda memorandum and reviewed a related PowerPoint (received and filed).

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

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute appropriate Resolution #2022-R-9 implementing Budget Amendment Request (BAR) #22-009 in the amount of $511,059,329.50 to carryforward available balances for existing project and grant budgets and to adjust FY2021/22 Beginning Fund Balances to countywide funds; proof of publication.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #31 – 2021-2934

East Lake Mary Boulevard Small Area Study

Dagmarie Segarra, Planning and Development, addressed the Board to advise that David Nelson, Renaissance Planning, was not able to attend the meeting this morning. Ms. Segarra presented the East Lake Mary Boulevard Small Area Study Final Findings (presentation included in the agenda memorandum).

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

Commissioner Zembower inquired if Ms. Segarra felt there was a good, consistent conversation on this study as far as it pertains to the Joint Planning Agreement (JPA) conversation that is currently going on. Ms. Segarra responded they have been in close conversation with the City of Sanford who are aware of the changes and final report. The next step is going to be working with them to incorporate these recommendations into the JPA.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve the East Lake Mary Boulevard Small Area Study.

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

Agenda Item #32 – 2021-3067

Land Development Code Update

Rebecca Hammock, Development Services Director, addressed the Board and stated they are presenting the last conceptual overview of a few issues that are being considered for revision and/or added to the Land Development Code. Eliza Harris Juliano, Canin Associates; and Jeff Hopper, Planning & Development, will be presenting. Staff is hoping to schedule an official work session in the near future to go through the actual strike-throughs and underline of the Code changes.

Ms. Juliano presented the proposed revisions related to parking garage design guidelines, solar energy regulations, and mixed use corridor district (presentation included in the agenda memorandum).

Commissioner Lockhart stated there is a large ground-mounted solar device currently in a residential front yard area, which is obtrusive. She suggested it would be worthy for everyone to drive by to see it.

Mr. Hopper presented the proposed revisions related to rural nonresidential design standards of the Land Development Code (presentation included in the agenda memorandum).

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

Public Comment Form received and filed.

Commissioner Zembower inquired who sets the tone for the compatibility in relation to parking garages. Ms. Juliano responded it would depend on the size of the project. If it's directly adjacent to another neighboring project, then it would need to be compatible and a balance to whatever is on the neighboring property. In general, what they are looking for, in order to avoid a featureless parking structure that is in a public-facing location, is that the parking structures have some architectural elements and are not just black boxes. If it's shielded by other buildings, then it's not an issue. If it's a vacant area, then the first structure would be setting the standard for compatibility. The only situation where there would be a strong architectural thrust is if it’s in a historic community. She advised they can add more language that compatibility is only with the immediately adjacent buildings which are proposed and if there's historic character in the existing condition.

Commissioner Herr stated she would like to get away from language like "if possible, we encourage," because that means it will end up in front of the Board for decision and debate. The idea should be "when possible, you will." In general, she thinks they need to move in that direction. Before they go and write it, that may be worthy to spend a minute or two on. Commissioner Lockhart added in their desire to be flexible and understand there are variations of gray, they probably do need to tighten that language up some. She thinks maybe they should bring back some suggestions for what some of that language might look like. She inquired if the commercial property owners are on board and supportive of the language that's being presented today. Mr. Hopper responded he can't say definitely yes or no. He did notice as the meetings went on, there was less and less of a pushback. He explained the whole thrust of this was that they do not want to redo Chuluota because that was really a different purpose. This scenario was intended to be much more general, much less specific, less restrictive. He thinks once everyone understood that, it was less of a heavy lift.

In regards to bollards, Commissioner Lockhart inquired how they are going to keep cars from driving through wood. Mr. Hopper explained it is a wood-like appearance. Commissioner Lockhart confirmed it can be made of concrete but has to look like wood. She understands the intent and she's not opposed to the intent, but the devil's always in the details. When they start micromanaging things to the extent of saying that a bollard has to be made out of wood or look like wood, she wonders if they have gone too far. She would like to know where some of the specificities were derived from so she can better understand why she should support them.

Chairman Dallari stated this will be coming back to the Board. Once they start seeing the red line, he is sure there will be more questions. This item is for informational purposes only, and there is no action needed.

COUNTY ATTORNEY BRIEFING

Mr. Applegate stated over the last week or so, he has distributed memos to the Commissioners on the COVID and ARPA work that staff has been doing. It summarizes the money that has come in, the money being spent, and the criteria. The County Manager's Office has done an amazing job over the last couple of years in providing incredible amount of detail, but he just wanted to provide a quick thumbnail overview.

-------

Mr. Applegate mentioned for future discussion purposes that with staff's help he has started drafting a comprehensive memo on affordable housing. This is going to be a follow-up on the presentation he did two years ago. He and staff would like the Board to consider hosting a one- or two-day seminar in chambers involving community leaders, builders, interest groups, nonprofits, community groups with an assortment of panels of experts and community leaders throughout the seminar to talk about affordable housing for Seminole County.

-------

Chairman Dallari recessed the meeting at 11:17 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of County Attorney Bryant Applegate who was replaced by Deputy County Attorney Paul Chipok, Clerk Maloy, and Deputy Clerk Chariti Colon 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.

-------

Chairman Dallari and Commissioner Zembower submitted their ex parte communications (received and filed).

PUBLIC HEARING – QUASI-JUDICIAL

Agenda Item #33 – 2022-3109

Sanford I-4 Center PD Major Amendment and Rezone

Razikov Abduvosit, Applicant

Annie Sillaway, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum. Brian Potts, on behalf of the Applicant, addressed the Board and noted he agrees with staff’s presentation and is available for any questions. Ms. Sillaway advised staff recommends approval.

With regard to public participation, Dustin Mueller and Jimmy Boston spoke in opposition; no one else spoke, and public input was closed. Public Comment Forms were received and filed.

Mr. Potts addressed some of the public’s concerns. He stated in regard to the roadway, they are giving right-of-way and building the road to County standards, so they’d be improving the situation on School Street. Understanding that trucks can’t make the turn from North Elder Road onto School Street, Mr. Potts wouldn’t have a problem agreeing to sign the road telling trucks they can’t make a right turn. All of the drainage from the pond runs up where the ramp sign is and discharges into the FDOT system, which drains north. They can look into Mr. Boston’s drainage to see if there’s anything they can do to help, but he’s not sure how they originally blocked it when it was developed. They didn’t really fill anything in, and they never had Mr. Boston’s drainage going into their pond. Their pond was only designed for that site; it wasn’t designed to take off-site drainage from the south.

Chairman Dallari confirmed with Mr. Potts that he does not have a user yet, he’s just requesting a rezone at this time. Mr. Potts added they had the zoning in place, but it expired. They’ve received the zoning on this property twice, and it has expired both times; they are just trying to get it back in place. They do not have any end users yet.

Commissioner Herr asked if they can talk through the notion of how they prevent vehicles from going down a road that was not designed for vehicles to go down. Jean Jreij, Public Works Director, addressed the Board and advised from this coming budget, they are discussing with staff to have the improvement of Elder Road. Now, with the project, they will have additional right-of-way on School Road so that road will be improved all the way to Monroe Road. Discussion ensued. Commissioner Herr asked what the short-term solution is to not allowing trucks down Elder Road. Mr. Jreij answered that area is industrial. He isn’t sure how many trucks go down Elder Road to School Street; it is very narrow and small. They can put a “No Trucks” sign there, but he doesn’t know how much people will pay attention to it. Discussion ensued regarding strict signage.

In response to Mr. Boston’s comment regarding a wall to be built on his property, Ms. Sillaway advised she does not have any knowledge of a discussion regarding a wall, and Mr. Potts confirmed the same. Commissioner Herr stated then the answer to that concern is that it may be a rumor, and there’s not going to be a wall built on Mr. Boston’s property. Ms. Sillaway advised that is correct.

Commissioner Zembower discussed the possibility of a public truck stop to relieve the existing truck stop on I-4. FDOT has negotiated and discussed with Volusia, Seminole, and Orange County regarding the truck stop. If this were at some future time to become a truck stop or a truck-parking area, how would the County’s engineers design or dictate ingress and egress for that kind of traffic, and where would it go. Mr. Jreij answered FDOT has a public meeting at the end of the month about this location being a possible truck stop. The County had a meeting with FDOT, and they can preview the site. They have to coordinate with FDOT to see what they have in mind and where it is. Staff will not encourage the access to go on Elder Road. In the design, they need to try to push traffic back onto I-4. Commissioner Zembower asked Mr. Potts if he would agree with a provision in the Development Order that doesn’t allow truck traffic to come out and turn right to go down to Elder Road, and Mr. Potts answered yes. Commissioner Herr asked who polices the Development Order. Commissioner Zembower responded his perspective was for Engineering to prevent trucks from accessing Elder Road via a closing or rerouting of the road. Ms. Sillaway noted there can be a condition in the Development Order to state that there will be a sign required for left-turn only. Commissioner Herr advised they need more clarification so that they can set expectations appropriately. If this becomes a truck stop at some point, and they’re agreeing that the Development Order is going to order that the truck stop can’t let anybody come down these roads, they’re dealing with FDOT; and she’s not sure the Development Order is going to hold water at that point.

Deputy County Attorney Paul Chipok advised with the Development Order, they can put conditions in such as signage. Once they put the signage into place, then it becomes a road sign much like a speed limit sign, and the Sheriff’s Office has the authority to enforce it. Also, if they put the condition of no-right turn out of the property, that’s a condition of the Development Order; and that would be enforceable through Code Enforcement. Discussion ensued regarding signage and enforcement.

Commissioner Zembower asked Mr. Potts if he can engineer the ingress and egress to where it prevents a right turn out of the site. Mr. Potts answered that would be tough to do. He can prevent them from making a left out, but it would be hard to design a no right turn. He could do a little bit of a sweep to it. He asked if they are trying to restrict cars or just trucks. Commissioner Zembower replied just trucks. His concern is that if this ultimately becomes a truck-parking area, then the trucks will use the path of least resistance. They could engineer an ingress and egress that prevents a tractor trailer from turning right. Mr. Potts stated they could make the radius much smaller so they can’t make the swing to the right if Engineering will allow them to do that. Mr. Jreij responded that area is industrial. They’re going to see trucks go into that area for business. If FDOT makes it a parking stop, staff will coordinate with the design to make sure all the trailers use the ramp that goes straight in and out of that stop. To prohibit the local truck to go into that area, which is industrial, it would be tough to do because that was the purpose of it. They widened it to 24 feet instead of 20 feet to accommodate trucks for that area. Of course they can design it to make sure they go in and out of the truck stop to I-4, and staff will do their best to coordinate with FDOT on that.

Commissioner Lockhart asked if it is set in stone that Monroe Road will not be an access available for those trucks based on FDOT’s plans. Mr. Jreij answered he doesn’t know the detail of the design. They did not release that exactly at their meeting, but he doesn’t think it is FDOT’s intention to send big trucks into the community. Chairman Dallari stated the PD&E for the truck stop is not complete. They will have input on the truck stops, no matter where they are, if they are in Seminole County. The PD&E is a long process, and the next step is public input. After that, the Board will be looking at it. Mr. Jreij confirmed that is correct.

Commissioner Lockhart stated she wants to make sure that they’re not designing a Development Order based on what might happen in the future. It might become an FDOT truck stop, it might not. It might only have access on School Street, and it might have access on Monroe Road. She questioned if there is an opportunity to have an, “if this, then that” statement in the Development Order so that if this were to become a full-blown truck stop, then access would need to be on Monroe Road. She feels like they’re trying to pigeonhole a Development Order today for a use that is unknown in the future, and she’d like to have more flexibility if it’s legally possible. Mr. Chipok replied they’re talking at two levels. One is they have the Development Order as requested by the Applicant for potential future development of his property that’s within his control, and that’s where the Development Order is focused. The plans of FDOT for the entire area, and potentially for this property as well, is a separate process where if it does come in and FDOT does an eminent domain taking, they have to go through the entire process themselves. And the uses, there would be some type of FDOT preemption of that; but again, they’d work with staff as far as the zoning and the land use. It would be a separate process in the future.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt Ordinance #2022-2 enacting a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development) and approve the associated Development Order and Master Development Plan (#21-20500025) for approximately 8.18 acres, located on the northwest corner of Monroe Road and School Street, with the addition to the Development Order that the buffer would still exist but contemplate no wall, and the appropriate signage would be placed for trucks to avoid Elder Road; as described in the proof of publication; Razikov Abduvosit.

Under discussion, Commissioner Constantine asked if there was a concern regarding putting a wall on Mr. Boston’s property. Commissioner Herr explained there was a concern voiced by the neighbor who thought that his property was going to be walled in. Commissioner Constantine noted for whatever reason he thought Mr. Boston wanted the wall, and Mr. Boston advised he doesn’t need a wall if they’ve got a buffer; but he needs the water to get off of his property. Ms. Sillaway advised if the developer or applicant proposes outdoor storage, it will trigger a wall.

Commissioner Lockhart stated it looks like the Applicant has something additional he wants to say. Mr. Potts advised they would prefer to access the property off Monroe Road, and that is what they had in the previous PD. The reason they changed it to School Street, which is not their preference and is going to cost a lot more to build the road, is because when they talked to FDOT, their plan was to elevate the ramp and that they would not be able to access the property via Monroe Road. But if the Board can put in a statement that says if they can access Monroe Road, they will not access School Street, he would agree to it and have no issue with it. He believes that would solve a lot of issues. But they need to know they can go to School Street if FDOT won’t let them go to Monroe Road, otherwise they wouldn’t have access. Mr. Chipok replied in that alternative, that would be an acceptable condition. It is something that is outside of their knowledge at this point in time.

Commissioner Lockhart suggested if the motioner would be ameanable to adding something like that, she thinks it would be a great thing for the community knowing that the first choice is to go with Monroe Road if that is allowable and usable. The Applicant would be forced by the Development Order to do Monroe Road, and School Street would only come into play if Monroe Road is not available. Commissioner Herr advised she agrees to that and would like to rescind her motion.

Commissioner Zembower asked if the motioner would agree to adding into the Development Order that if it is to become a truck stop, the Applicant agrees to design the ingress and egress radius on School Street to attempt to mitigate any right turns of tractor trailers. Mr. Chipok stated they can do things in the alternative like that as long as it’s clear and specific as to what the alternatives are. Commissioner Zembower asked if Mr. Potts is agreeable. Mr. Potts said he would agree to it, but if FDOT decides to put a truck stop there, it’s a whole different world that he can’t control. Mr. Chipok clarified that this Development Order is for this Applicant and this property owner. If FDOT comes in with their own plans, that is another ballgame.

Commissioner Herr stated what she just heard contradicts what Mr. Chipok just said. They can put it in the Development Order, but if FDOT comes in, it’s a whole other ball game. She asked what’s the point of putting it in the Development Order. Mr. Chipok explained one of the requested uses that the Applicant is asking for is truck parking, which would be a form of a private truck stop as opposed to a public truck stop done through FDOT. That would be a separate process through the PD&E study as to whether FDOT is going to do that at this particular location. Commissioner Herr stated given that, a tremendous clarification, she will rescind her first motion. The seconder agreed.

Motion by Commissioner Herr, seconded by Commissioner Constantine, to adopt Ordinance #2022-2 enacting a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development) and approve the associated Development Order and Master Development Plan (#21-20500025) for approximately 8.18 acres, located on the northwest corner of Monroe Road and School Street, with the following conditions to the Development Order: a) signage for trucks to avoid Elder Road, b) should this become a private truck stop, the road would be built so that it contemplates restricting truck traffic into those areas, c) access to Monroe Road should be used as the primary ingress and egress, d) if Monroe Road is not accessible, the ingress and egress would defer to School Street; as described in the proof of publication; Razikov Abduvosit.

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

PUBLIC HEARINGS – LEGISLATIVE

Agenda Item #29 – 2022-3188

Ordinance Amending Seminole County Code

Chapter 72, Emergency Management

Alan Harris, Emergency Management Chief Administrator, addressed the Board and advised this item amends the Code to make it consistent with the new state law and Florida Statute 252. There are two adjustments that will be made. The first is to include the capability of business owners and employees to go to and from their businesses even when a County curfew is issued. The second adjustment is after seven days of an Executive Order being issued that follows a Local State of Emergency in non-weather events, the Board must codify the Order and can do so up to 42 days at which time the Order will automatically expire.

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

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt Ordinance #2022-1 amending Seminole County Code Chapter 72, Emergency Management, to include provisions on issuance of curfews and confirmation of executive orders by the Board of County Commissioners during non-weather-related emergencies; as described in the proof of publication.

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

Agenda Item #34 – 2021-3095

First Amendment to Interlocal Agreement with Lake Mary

Administration of County’s Share of Funds Under the One-Cent Infrastructure Surtax

Bill Wharton, Engineering Division, 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.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute the First Amendment to the Interlocal Agreement Between Seminole County and the City of Lake Mary Relating to Administration of County’s Share of Funds Under the One-Cent Local Government Infrastructure Surtax for Transportation Improvement Projects Located Within City, replacing Exhibit “A” and Exhibit “B” of the Interlocal Agreement to add the Downtown Infrastructure Improvements project; as described in the proof of publication.

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

Agenda Item #35 – 2022-3129

Sampson City Plat Vacate

Robert Price, Applicant

Ms. Sillaway presented the request as outlined in the agenda memorandum, and noted staff recommends approval.

Commissioner Zembower stated in regard to the 9.9 acres going to future zoning of R5 (Rural-5), if this is to move forward and the right-of-way, easements, street delegation, and original plat are vacated, he wants to be clear that if this does not come out to a solid 10 acres, it does not end up being 2 buildable lots. Ms. Sillaway replied that is correct. Commissioner Zembower advised he wants to make sure that is on the record.

Robert Price, Applicant, addressed the Board and stated it is 9.98 acres. It’s 200ths-of-an-acre short of 10 acres. He understands the rules of the County, but they’re talking less than 900-square feet. He doesn’t even know if they can measure it that closely. There used to be 75 lots, and he has paid taxes on four separate properties for the last 17 years. He’s having a little problem understanding that there’s no variance allowed, and he doesn’t think that was the intent of the law.

Commissioner Lockhart stated she feels like there is a backstory that they’re missing in the agenda backup. She asked if anyone could shed some light on what actually is happening. Mr. Price explained he’s owned the property for 17 years. He initially bought the property because it is an anomaly in Geneva. It was zoned in 1914, nothing has ever been put on the property, and none of the easements have ever been used. It’s an all-wooded area of basically 10-square acres. People kept buying the property because they didn’t want a developer coming in and putting in 75 trailer lots. It makes a property very hard to sell at 10 acres. He lives right next to it, and he doesn’t mind two neighbors; but he doesn’t want 50 neighbors. He doesn’t understand why that can’t be broken into two separate lots at 9.98 acres.

Commissioner Lockhart asked Mr. Chipok once action is taken today, would the citizen have the ability to bring back a request to subdivide this property into two almost five-acre lots. Mr. Chipok answered the process that they’re in today is strictly a plat vacation which would take it back into acreage and get rid of the existing rights-of-way. From the information that he is aware of, the overall size after the plat vacation is 9.98 acres. The Comprehensive Plan has an aggregation rule, but that would not apply in this particular situation because if they put it back into acreage, it’s one lot. The property is zoned A-5 (Rural Agriculture), and it has a FLU designation of R5 (Rural -5). Minimum lot size is five acres. They do not have a variance or deviation, but it doesn’t preclude him from trying for a variance. That would be a separate process. Commissioner Lockhart confirmed with Mr. Chipok that once action is taken today, if Mr. Price is interested in pursuing a secondary process, it would be at his own risk to take that up, but he could pursue a request for a variance by this Board.

Commissioner Zembower stated they are here today for a request to vacate the plat for a single-family residence. He asked the applicant if that was his understanding, and Mr. Price answered yes. Commissioner Zembower asked Mr. Chipok if that was correct, and Mr. Chipok answered it is correct.

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

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2022-R-10 vacating and abandoning the Sampson City Plat, as recorded in the Public Records of Seminole County, Florida in Plat Book 2, Page 59, located in Geneva, Florida, as described in the four (4) proofs of publication; Robert Price.

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

Agenda Item #36 – 2021-0035

Comprehensive Plan Text Amendment

Property Rights Element

Dagmarie Segarra, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum.

With regard to public participation, Richard Creedon, David Bear, Deanna Houston, Michelle Dewey, and Katrina Shadix spoke in support; no one else spoke, and public input was closed. Public Comment Forms were received and filed.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to adopt Ordinance #2022-3 enacting a Comprehensive Plan Text Amendment to the Future Land Use Element; creating a separate Property Rights Element of the Comprehensive Plan, in accordance with mandates set forth in Chapter 163 of the Florida Statutes, as described in the proof of publication.

Under discussion, Commissioner Herr stated she would like to compliment the team of citizens who worked on this. Commissioner Constantine added he would like to also give credit to 1000 Friends of Florida. Chairman Dallari thanked Ms. Segarra and advised this will be her last time presenting to the Board because she is taking a position with a public entity.

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

COUNTY MANAGER’S REPORT

No report.

COUNTY ATTORNEY’S REPORT

At this time, Mr. Chipok was replaced by Mr. Applegate.

No report.

DISTRICT REPORTS

District 4

Commissioner Lockhart reported on the Florida Association of Counties Certified County Commissioner Program. She noted FAC is contemplating a Master Board Training where the entire Board participates together, and she would like to know if this Board has any interest in participating in the pilot program. Commissioner Constantine stated he is looking forward to the curriculum; and when the program is ready, he will share that with the Board. Commissioner Lockhart pointed out that the program requires that every member of the Board participates. There was Board consensus that there was interest, but they would like to understand the time commitment first.

Commissioner Lockhart advised she will be attending the Association of Florida Colleges Legislative Conference representing Seminole State College. She will also attend the FAC Innovation Day. She discussed the upcoming Central Florida Scottish Highland Games.

Commissioner Lockhart stated in the past they have had a yearly Resolution recognizing Martin Luther King, Jr., Day; and they missed that today. She believes it was just an oversight, but it is on Monday. There are a lot of opportunities to celebrate his impact on the country.

District 3

Commissioner Constantine pointed out today was the opening day of the Florida Legislative Session. He stated he was pleased to participate in the Justice James E.C. Perry Courthouse Annex groundbreaking. The Commissioner announced the Central Florida Zoo’s Asian Lantern Festival’s last day is January 16. The Seminole County Historical Society will be hosting a guest speaker, Marjorie Pollard, on January 17; and she will be making a presentation regarding the history of the Altamonte Hotel. He reported on the last Charity Challenge and stated in addition to being able to set up a foundation, they were awarded the last amount of dollars to 67 charities for $436,000; a grand total of $7,077,000 over 35 years.

Commissioner Constantine reminded that he was working on a donation for the libraries, and it came through. A citizen, Harry Jacobs, donated $90,000 to Seminole County libraries. The County will be able to put a state-of-the-art ESOL lab pod in every Seminole County library, and there will be one at the City of Altamonte Springs library. They will be the only library system in the state of Florida that has that.

Commissioner Constantine stated he mentioned to the Interim County Manager with the increase in COVID-19 cases, it may be time to look at reinstituting working with Altamonte Springs on their testing. He asked if there was any report. Mr. Abel advised he has no report other than if the Commission wants to direct him in that manner, he will bring a contract to the Commission for consideration.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to direct the Interim County Manager to bring a contract to the Board for consideration regarding working with Altamonte Springs on their COVID-19 testing.

Under discussion, Commissioner Herr asked if they could point to anything that they did differently as a result of that past partnership. She stated to be clear, the study is going on, Orange County is involved, there are other municipalities involved. It’s not like the study is not happening without the County’s involvement. To the best of her knowledge, they never used that study to guide what the hospitals were doing, what staff was doing; and by the time that study nets a result, they pretty much know where it’s going. From her perspective, unless they can point to a change in their behavior or a change in the outcome as a result of spending that taxpayer money, she has no interest in jumping back in. It’s in excess of $100,000 a year.

Commissioner Lockhart stated she had a similar question as Commissioner Herr. She also wants to make sure that the contract that would come back to the Board would have transparency that exists with access to data that did not exist prior. They would need to have access to the dashboard and the ability to communicate with the lab itself. If they are going to be an equal participant, she wants to have equal access to the data. She isn’t fond of getting someone’s interpretation of someone else’s data. If they are participating and paying to that degree, they should be an additional seat at the table with the same access.

Commissioner Zembower stated he has reached out to the hospital administrators on this topic. They decided to let the contract lapse, and he isn’t going to debate how, why, or what for. He doesn’t think this is a matter of necessarily how the County changes what they might do. His belief and understanding talking to the experts is that they know a lot of things about the pandemic, and a lot of people agree it’s going to continue to mutate; and instituting this contract isn’t going to do a lot for today’s variant. It’s not going to affect the way the County is going to respond to it. But it is the only early piece of data that they have access to. In talking to the hospitals, their desire is to get the information as early as possible so they can start preparing. It’s not that they have some kind of treatment, it’s so that staff levels can gear up and start a supply chain in anticipation of what needs to happen. He agrees it may not change much that the County does, but it will certainly benefit the community long term on new strains that are going to come with early detection. The Commissioner asked the motioner to consider using ARPA funds to fund this, as well as bring it back periodically to look at it in a 60-day or 90-day term for reconsideration.

Commissioner Constantine stated he did not want to micromanage staff; he simply felt it was time to look at it and bring it back. He thinks it is the County’s responsibility to participate with the Cities. If that means that the hospitals are going to get this information five-to-seven days quicker, he thinks it is important. He thinks ARPA would be a great place to put the dollars, and he does not want to make this ongoing forever. That would be something that he would ask Mr. Abel to bring back to the Board.

Commissioner Lockhart stated unfortunately it sounds like Commissioner Zembower and herself were talking to different people at the hospitals because her conversations with them was that it was interesting, but there was nothing that they did differently in terms of staffing or any other planning. They are now two years into this pandemic, and there’s nothing new that they are learning or need to ramp up for. What Commissioner Zembower stated he heard from the hospitals is the exact opposite of what she heard from them. She also pointed out there’s a transparency issue. She asked for information early on, and it was not afforded to her. If they’re going to go down this path, she is going to be very intent on making sure that all of the I’s are dotted and T’s are crossed. It is a lot of money even if it is ARPA funds; money that they aren’t able to spend in other more tangible ways. She can’t support the motion. She hopes if it moves forward, they will have a different type of participation in the contract this time.

Commissioner Zembower asked Commissioner Lockhart about lack of transparency. Commissioner Lockhart responded when they get an email that says something has increased 1,000%, she was never allowed access to what the numerator and denominator were to come up with the percentage. When asked about it, she was told they did not have access to the data. She isn’t interested in putting $100,000 worth of Seminole County money, ARPA or otherwise, for data that they are being prohibited from getting the actual numerator and denominator.

Commissioner Herr stated she would like to understand what the fees are that are being paid to the lab. The County was paying Altamonte Springs, and Altamonte Springs was paying the lab. She isn’t certain that they had access to all of the information. There were public records requests that were given very high dollar amounts. They can’t be on that path; and if they are going down that path, it cannot be done the way that it was done before. They can’t be on the receiving end of subjective interpretation. They can’t be on the other end of not having direct access to the underlying contracts that drive the deal. She pointed out that the hospitals are getting the information from the other municipalities; it isn’t going to change the outcome.

Chairman Dallari asked Mr. Abel to provide his suggestion. He would like to know what the information is going to be used for. He knows they need to have as much early detection as possible, and there needs to be more transparency. He asked if they could bring something back that clarifies all of that. Mr. Abel stated they can certainly work to ask those questions and bring something back to the Board for further consideration if that’s the will of the Board.

Commissioner Zembower stated he understands the transparency, but he doesn’t think Orlando is doing this. Altamonte Springs actually samples the North Orlando water supply, so he doesn’t know of any City of Orlando testing that’s going on. If transparency is the issue, he doesn’t know why they couldn’t have access to whatever contract was in place as well as the calculations to get there. Chairman Dallari asked if the motion was to enter into a contract or to bring it back. Commissioner Constantine stated his motion was to see a contract brought to the Board with the idea that they would participate. Chairman Dallari asked Mr. Abel if he has enough time to present the item to the Board at their next meeting. Mr. Abel answered it will depend on when Altamonte Springs can provide the answers to the Board’s questions. He can’t have it on the next agenda unless it’s a walk-on item because he has a briefing for the next agenda in two days. Chairman Dallari advised they can do a placeholder and try to walk it on; and if not, they will discuss it at that time. For clarification, Mr. Abel confirmed they are not interested in redoing an agreement that is the same as the agreement that they previously had. They want something with more specifications that addresses the concerns heard today.

Districts 1, 2, and 3 voted AYE.

Districts 4 and 5 voted NAY.

District 5

Commissioner Herr advised Rescue Outreach Mission, the only emergency homeless shelter in Seminole County, had hired an Executive Director. She has resigned, and ROM has replaced her. Luckily it happened early enough that of the three finalists, the other two were still interested. The Executive Committee was very expeditious over the holidays to take action so ROM will not miss a beat.

Commissioner Herr stated Donna Walsh with the Health Department has an Innovation Lab that she hosts that the previous County Manager toured with herself and staff. It is a really cool thing that could be a game changer for the organization. It is about taking a process or a situation, analyzing it, and quality improving it in very short order. It could be exceptionally accessible for Mr. Abel’s team. They host it and do all of the work for free. For those in the commercial world, they pay a lot of money to have done what they do for free. It needs to be taken advantage of because she thinks they could see some very short, positive change by doing those processes; and it is a huge morale booster. Directors should take advantage of it.

District 2

Commissioner Zembower announced upcoming Martin Luther King, Jr., Day celebrations. He mentioned he appreciates his fellow Commissioners supporting the groundbreaking of the Justice James E.C. Perry Courthouse Annex as well as the Seminole Bar Association who will also help support that moving forward. He thanked staff for their work on Sunland Park. Commissioner Zembower discussed HB 1375, and noted they should be watching that as they move forward.

Commissioner Zembower stated they have a contractual agreement with their County Manager as well as their County Attorney. He has brought it up in the past, and they’ve never made any strides to get there; but they have finally started doing an evaluation. However, the other provisions of their contract, which is a salary review, has yet to be done. His question is when are they going to uphold their end of the contract. There’s a provision in the contracts that the Board needs to address that, and it would be wise for the Board to do that to make sure the contractual agreement is fulfilled. Whether there is an increase or not is insignificant, but they need to have that conversation. They’ve finally gotten back to the evaluation process, but they’ve yet to get into the discussion of an annual review of compensation which the contract calls for. Discussion ensued. Commissioner Zembower asked the Board how they want to handle it. Commissioner Lockhart stated they need to have a better understanding of what has happened and what had happened in the prior years. She asked if it is possible to have Human Resources go back and look at the salary adjustment history because certainly there have been salary adjustments all along. Mr. Applegate replied both the County Manager and County Attorney usually get the 3% or whatever is approved. There were a few years early on where they were asked to opt out of the increase. Commissioner Lockhart stated they have gone through at least two compensation and classification studies, maybe three, in the last 18 years; and she doesn’t think the County Manager nor the County Attorney were included in those because they were working off of a contract. Mr. Applegate replied that is correct. Commissioner Lockhart asked if it would be appropriate to do a compensation and classification study that would just focus on the County Manager and County Attorney to compare them to surrounding counties and like-size organizations so that they can come back and have a discussion.

Chairman Dallari stated the County Manager and County Attorney have received the 3% adjustments for the most part. There has also been some times throughout Mr. Applegate’s tenure that there’s been adjustments to vacation time as well. One of the conversations that they’re going to have to have when they talk to Robert Slavin (recruitment services for County Manager search) is salaries. His goal was to do them both at the same time after they talk to Mr. Slavin so that they’re not picking and choosing one and not looking at the other.

Chairman Dallari stated after they talk to Mr. Slavin, they will have HR look at it with the benefits. Commissioner Herr added they need to institute the process that it starts in HR, staff triggers it up through the Chair, and it gets done. They have to build a process for future years, not just for this year. Chairman Dallari stated they will work out the details for the Board to review.

Commissioner Lockhart stated she would like to have an additional process where the County Manager and the County Attorney can have their time off approved or tracked by the Chair or someone. She doesn’t know how much PTO anyone has, and someone needs to have that.

District 1/CHAIRMAN’S REPORT

Chairman Dallari announced upcoming Martin Luther King, Jr., Day celebrations. He advised the Perfect Game Free Community Youth Baseball and Softball Camp for January 22 is still moving forward.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to appoint Sean Barth to the Value Adjustment Board starting January 2022 for a one-year appointment.

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

Chairman Dallari advised there was a scrivener’s error on the liaison appointments. Commissioner Constantine was on the Central Florida Expressway Authority as the appointee, but he was also listed as the alternate. The Chairman’s intention was to have Commissioner Lockhart as the alternate. He asked if there was any objection. Commissioner Constantine stated he has no objection; but the Expressway Authority, on their own by-laws, does not allow alternates. Chairman Dallari stated he has spoken with Laura Kelley, CFX; and she didn’t see an issue with it.

Motion by Chairman Dallari, seconded by Commissioner Zembower, to appoint Commissioner Lockhart as the Central Florida Expressway Authority alternate.

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

Chairman Dallari stated regarding SunRail, they have a team of consultants working for the transition team. One of the things they’re doing is looking at alternatives for different groups of people that could basically take it over eventually. There are three agencies that they’re evaluating; CFX, Brightline, and LYNX. He thinks there should be a fourth one. He’d like to get Board consensus to ask SunRail to look at FDOT. FDOT is doing it already, so he’d like to know the pros and cons of FDOT continuing it. He believes it is imperative if they’re looking at other agencies, that they have a full view of whether or not FDOT would be a good alternative.

Commissioner Herr stated she thinks all alternatives should be looked at. Commissioner Zembower noted FDOT has made it pretty clear that they don’t want to be in the train business. He isn’t against having the conversation if they’re a willing partner to have that conversation.

There were no objections to the Chairman writing a letter asking SunRail to look at FDOT.

Chairman Dallari announced Seminole County received the 2021 Outstanding Community Support Award from the Central Florida Chapter of Project Management Institute in recognition of the County’s response to the pandemic. Also, Steve Fussell, Office of Organizational Excellence, was awarded the 2021 Outstanding Professional Award also from the Central Florida Chapter of Project Management Institute.

COMMUNICATIONS AND/OR REPORTS

1. Letter dated December 27, 2021, to Chairman Dallari from Sheila Theus, Director Real Estate Services Program, SJWMD, re: Notice of Public Hearing for discussion and consideration of District business including regulatory and non-regulatory matters.

2. Email received December 22, 2021, dated August 18, 2021, from Grand Traverse County, re: Resolution #81-2021 in support of Vaccine Awareness and Medical Autonomy.

3. Email received December 14, 2021, from Eden Preserve, LLC, re: Community Meeting for a proposed Rezone of 7.11 acres located at 590 Eden Park Road, Altamonte Springs, FL 32714.

4. Letter dated December 9, 2021, received December 15, 2021, to the BCC from Carol Conroy, Finance Director, City of Casselberry, re: FY 2021 City of Casselberry reporting of One-Cent Local Government Infrastructure Surtax Sources/Uses.

5. Letter dated December 13, 2021, received December 15, 2021, to Commissioner Dallari from Angela Apperson, City Clerk, Altamonte Springs, re: voluntary annexation of properties contiguous to Altamonte Springs.

6. Email received December 20, 2021, from FDOT, re: roadway widening of SR 426/CR419 from Pine Avenue to Adeline B Tinsley Way.

FUTURE AGENDA ITEMS

Commissioner Herr stated she thinks they are doing Future Agenda Items in their District Reports. She doesn’t have any, but Future Agenda Items should be Future Agenda Items; and District Reports should be District Reports.

Commissioner Zembower stated he is following the regulations and has submitted all of his in writing as required by the Board policies and procedures.

PUBLIC COMMENT ON ITEMS NOT RELATED TO THE AGENDA

Gabrielle Milch addressed the Board to talk about St. Johns Riverkeeper, Inc. Colleen Hufford addressed the Board and read a letter from John Sowinski, President of No Casinos in Florida (letter received and filed). Marc Jones addressed the Board to request an agenda item on February 8 for a presentation to the Board regarding the Oxford Road Town Center and Entertainment Venue and proposed gambling/poker room. Linda Barker addressed the Board in support of the East Lake Mary Study. Katrina Shadix addressed the Board and discussed high-density housing/apartments; eliminating backyard breeders; cutting down trees in the Black Bear Wilderness area for a parking lot; charging admission to non-county residents for the maintenance costs for County parks; banning the use of bear traps; fulfilling the position of a Natural Resources Director; modifying the LDC to allow a third-party team to perform a wildlife assessment of the properties that are slated to be destroyed for development; moratorium on spraying chemicals into lakes, ponds, and rivers and the cost for a public records request regarding those chemicals; starvation of manatees; and the repeal of the Geneva Freshwater Lens Task Force Act. David Bear addressed the Board to discuss a gambling referendum. George Sellery addressed the Board and talked about the importance of County staff and why the Board needs to try to find ways to keep their employees from going to other organizations. Michelle Dewey addressed the Board to discuss homelessness and the need for affordable housing.

Mr. Applegate advised for the benefit of the public there are three ways to amend the Seminole County Charter: citizen petition, Charter Review Commission, or a majority vote by the BCC to put a proposition on the ballot. All of those have to be submitted to the Supervisor of Elections at least 90 days prior to the general election.

Chairman Dallari stated in regard to Mr. Jones’ request, he believes it is a countywide issue; and it is imperative that they vet it out. He doesn’t have a problem talking about Oxford Road or affordable housing, but to talk about a ballot initiative to remove gambling from the Charter is something he would not be in favor of. The Chairman thinks that should be up to the citizens. He doesn’t want to mislead anyone by talking about Oxford Road, gambling, and/or removing anything from the Charter if he doesn’t think that it’s a good idea.

Commissioner Lockhart pointed out that the request was for an opportunity to present a proposed project. She didn’t hear Mr. Jones say anything about putting anything on a ballot or anything regarding gambling. They have all had individual conversations with the developer, their representative, and others in the community; and she thinks while someone may be looking at the foregone conclusion of what the ultimate request may be, that was not the request that was made by Mr. Jones. She wants to be very clear that Mr. Jones just wants to present something to the Board that is a huge parcel in the heart of the county. Whether or not she would support what they are proposing remains to be seen. She asked Mr. Jones to clarify his request.

Mr. Jones thanked Commissioner Lockhart for the ability to clarify. He advised he did not make an ask to do anything to the Charter. He isn’t asking to remove anything from anything. He is only asking to come before the Board to present facts and show the Board their proposal. Commissioner Lockhart stated the Board may not like what he’s proposing; but until he proposes it, they don’t know. Mr. Jones stated he has talked to a lot of community leaders in Casselberry and Seminole County. He’s gotten a lot of feedback since he had individual meetings with the Commissioners and things have changed, so he wants the opportunity to present that. Commissioner Lockhart stated she would like to give him the opportunity to talk about their proposal, but also have them hear from the Board on where they are with the Oxford Road project and what the options are moving forward for the development of that parcel.

Commissioner Constantine stated he has no objection to listening to what anybody has proposed. He thinks it’s extremely important because this is something that is a huge deal, and it would make a significant impact in that area. Also, whatever they come back with would give citizens the opportunity to speak in support or opposition. He has no objection to putting Mr. Jones’ request on the February 8 meeting agenda.

Commissioner Zembower stated that the Board doesn’t have the luxury of deciding who gets to speak to the Commission. On this immediate matter, most of them know that the Oxford Road project, which would be one of the largest redevelopment projects in the county, has been kicked around and talked about; it is time for answers. It is time that they have an understanding of where they’re at, where the County is at, and where they stand on this project. They have two great redevelopment projects in this county; Oxford Road and the Flea World project. Both of those happen to be on 17-92 in Casselberry. Casselberry is one of the county’s fastest growing economic drivers in the last four-to-five years.

Commissioner Herr asked Mr. Abel if the timing of February 8 is within the normal timeframe so they are not rushing the presentation. Mr. Abel answered they’ve had conversation with Mr. Jones, and they believe that the February 8 date will be fine. He’s also had staff working since December when they first started having this conversation to be prepared to bring an update from the County’s perspective (Public Works and Environmental Services) on the Oxford Road project so they’ll be able to add more information to that conversation.

Commissioner Zembower advised the County Attorney needs to be involved as well because there was the expansion of Fernwood Boulevard improvements, taking of properties, and so forth; so they need to understand all of that. Mr. Applegate responded they have filed all of the petitions for the eminent domain actions, and there are settlement discussions ongoing.

Chairman Dallari asked Mr. Jones if his presentation will include in the Entertainment Center a poker room or a poker element. Mr. Jones answered the current concept does have solely a poker room. Chairman Dallari stated he would like staff and Mr. Jones to be prepared to comment on all of the pros and cons. He doesn’t understand them all yet, and he’s getting a lot of information; but he wants to make sure that the County gets that information. Mr. Jones stated they have concepts, visuals, and quite a bit of information to provide.

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve putting an item on the February 8 BCC agenda for a presentation regarding the Oxford Road Complex.

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

District 1 voted NAY.

-------

Chairman Dallari stated he would like an update on the parking lot at the Black Bear Wilderness Area. Mr. Abel advised construction of the parking lot is moving forward and will be completed at the end of the month. The Chairman asked if there would be any trees removed. Mr. Abel answered there have been trees identified for removal. Staff has worked with Planning on removal and replacement as is the policy. Chairman Dallari discussed the possibility of a County QR Code so that visitors of the area can donate. Mr. Abel replied staff will certainly look at that.

--------

Chairman Dallari asked Mr. Applegate if he could have his staff research the legislation that removes the Geneva Lens. Commissioner Zembower advised it isn’t the Lens that is removed, it’s the Task Force. Chairman Dallari stated he would like to get the information.

-------

Commissioner Herr stated she would like to put on the record that the work to eliminate backyard breeders is well underway. They’ve seen the first round of ordinance language, and it’s back for redraft. It’s gone to the Animal Control Board. That is in process, and she believes it will happen this year. Also, the County is sending out a “Bear Aware” card to people who move into the bear wilderness areas. It is at the County’s expense. They designed it, and the Property Appraiser helps with those that are acquiring property.

Commissioner Constantine stated this was the first County to ban puppy mills. This is not something that is new. This is something that they’ve all gone on the record being opposed to. Commissioner Herr clarified that the Ordinance the County adopted doesn’t ban puppy mills, it bans the sale of puppies in the community. It is a retail ban. That doesn’t mean you can’t go out and raise puppies. The birthing of puppies is not banned in this community. Mr. Applegate advised he recently met with one of the attorney’s regarding the ordinance, and they are getting very close.

-------

Commissioner Lockhart stated in regard to Mr. Sellery’s comments on staff, because they do have some meetings like work sessions and retreats that are not televised, the public would have no way of knowing; but one of the Board’s Key Strategic Initiatives is recruitment and retention. There has been a significant amount of input from the Board and interest on the part of the Board because they all recognize that potholes don’t fill themselves and fires don’t put themselves out. The organization runs because of the people that they have. Including employees in the process in some way was a key part at looking at the search firm for the next County Manager. She hears Mr. Sellery’s concern. Those Key Strategic Initiatives are available online.

Commissioner Zembower asked Mr. Abel to confirm that they actually have a salary study research about to take place. Mr. Abel replied that is correct. Last time they looked at salary and benefit, and this time they are going to look at both private and public sector on salaries only because he is pretty confident that the County’s benefit package is pretty up there in the market. When they blended the benefits package with the salary, it offset some of the salaries. He reiterated they want to focus on salary and hourly rates, both private and public sector, and locally and comparables in the organization. They are taking a different look at it and hopefully that will help make some adjustments. Commissioner Zembower pointed out people are leaving right and left from the private sector and public sector for any number of reasons. It’s a significant issue. What they pay tomorrow won’t be enough next week.

Commissioner Herr stated when she first became Commissioner, she asked for a climate survey; and she was told that one had happened already and she just needed to reference that. What she learned is that what they did was not a climate survey, and so she would throw that concept back. She really would like to understand what people love about the organization and what opportunities they have to be better including work environment, telecommuting, and all of the stuff that’s now become very real. If they do the salary survey, she would advocate that they can’t do salary without benefits. They should also understand what are the more intrinsic values that they have or don’t have that are either keeping or driving people away; they matter more today to the workforce than they ever have before. She can’t understand how some people make decisions about where they’re going to work, but they make decisions based on some things that the County isn’t providing; and they really need to think about that. Mr. Abel discussed the employee surveys that are currently happening and the ones they’re hoping to have done in the next several months. They are well on their way of moving in the direction Commissioner Herr is talking about.

-------

Chairman Dallari directed Mr. Abel to reach out to Mr. Jones to make sure that whatever format the County needs information in, they receive it prior to the meeting; and that everyone is given a deadline ahead of time so Mr. Jones can be in the process. Mr. Abel stated he will coordinate it all.

-------

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:16 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

cg/kf