BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

March 8, 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, March 8, 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

Senior Assistant County Attorney Desmond Morrell

Deputy Clerks Terri Porter and Kyla Farrell

OPENING CEREMONIES

Dr. Walt Person, Church of Christ, Sanford, gave the invocation. Commissioner Herr led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3266

The Business Spotlight for Solis Energy was presented.

Agenda Item #2 – 2022-3275

Chairman Dallari advised that the request to approve a Resolution recognizing Michael Johansmeyer, Deputy Chief of Administration, Fire Department, upon his retirement for 27.5 years of service to Seminole County Governments and its citizens has been moved to the next BCC meeting.

Agenda Item #3 – 2022-3264

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming the week of March 6 -12 as Women in Construction Week in Seminole County.

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

Agenda Item #4 – 2022-3263

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming the month of March as Procurement Month in Seminole County.

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

Agenda Item #5 – 2022-3267

FY2023 Budget Development

Major Revenue Updates and General Fund Forecast

David Johnson, Property Appraiser, addressed the Board and made a presentation on Property Valuations and Ad Valorem Revenues.

With regard to public participation, no one spoke in connection with Mr. Johnson’s presentation, and public input was closed.

Tim Jecks, Deputy CFO, addressed the Board and presented Other Major Revenues, and the General Fund Forecast.

With regard to public participation, Nancy Harmon spoke about not having adequate resources with staff and wondered if the additional positions would include a development program where they are raising their young to become old in the county. Commissioner Lockhart advised that part of their partnership with Seminole County Public Schools includes a Public Services Academy at Winter Springs High School.

Commissioner Herr opined her personal take on the projection is that the 3% mid-year and the 3% across the board does not keep their staff whole with inflation. And the cost to train people is exorbitant; they cannot be the training ground for the surrounding cities and the surrounding counties. It is hard on staff and it is hard on the citizens, and their deliverables suffer as a result of it. From her perspective, she is going to look for a higher number than that. If they do not keep people, best in class, in these seats, they are going to be spending more on the churn, and they cannot afford that. She noted the State is giving out an across-the-board 5% increase.

Commissioner Herr stated with regard to the additional 43 seats, she would ask their team to figure out whether they need an additional 43 seats if they filled the positions and kept people in the positions that they already have. That is a budgetary impact that does not actually produce work. She added they do have scale where you come in at one level and there are levels to advance, and she knows there is a study in play and they are looking at that, but they really have to make sure that they are allowing the best on their team to progress along and stay right here in Seminole County for their careers.

Commissioner Constantine noted they are certainly looking to find dedicated, ambitious, young, aggressive employees, but they should not forget there are also a lot of people that are very good that are older. They do not want to discriminate and they look for the best person when they are hiring whether that is young or old.

No one else spoke in support or opposition, and public input was closed. Speaker Comment Form received and filed.

Commissioner Zembower questioned how many FTEs they currently have that are funded but unfilled. Mr. Jecks responded he does not have the exact total of vacancy stats as of today, but typically 7-8% of their overall FTEs (about 1,500) are vacant. Commissioner Zembower said then that is about 80 to 100 openings. He stated the reality in today’s workplace is there is not enough skilled labor and the workforce has gotten to the point where if you are offering 3%, 5%, well as soon as somebody else offers them another 2% or 4% they are gone. He does not care whether they trained them here three years, five years, ten years, and competing with the private sector has always been a challenge in the public sector. The young folks in their 30s and early 40s are not necessarily planning for their retirement years and they are not looking at the benefit package as much as those that are older, which can arguably be much better in the public sector. He opined it is going to continue to be a battle, it is going to continue to be a process, and regardless of what they pay, the market will change. The market will always change and you keep chasing that and how far do you want to chase that because chasing that with the dollar, they will continue to chase that. That is the nature and cyclical facts of an employment base and as the entirety of the county or business, that is always a struggle when the employees are the most important and the most expensive overhead item that they ultimately have. He does not think there is an easy answer there.

Joe Abel, Interim County Manager, stated one of the things he will be looking at with the 43 requested FTEs is whether some of those requests replace positions that they are not currently filling. Is there a re-write for the job description; are they current in that job description. Are they looking for the right people to do something as opposed to what they have always done. He talked about tiering opportunities and licensing opportunities.

Commissioner Lockhart asked about the plans for a merit-based system and what that timeline would be. Mr. Abel responded as they continue to grow consensus among the Board on moving this forward, he thinks that Halogen is a good system that can be better and he thinks they could use that as a tool moving forward. He said his goal would be to work with the division managers and the directors on creating what that merit system would look like, taking into account the fact that they have between 30 and 40 different lines of business in this county and what works for a maintenance worker in Public Works is not the same as a maintenance worker in Parks and Recreation or Environmental Services. They need to look at what their competencies and expectations are in positions and really focus on what their goals and what their work plan is so the individual can maximize their opportunity for merit increase and allow for those opportunities for training moving forward. He would like to be able to initiate something with the beginning of the new fiscal year.

Commissioner Zembower asked what the plans are for performance-based evaluations and Mr. Abel replied that is what he just alluded to with Commissioner Lockhart about the merit system, which will be a performance-based program. Commissioner Zembower noted that they use a lot of consultants and he has heard staff say that they do not have those experts on staff. He asked if it is Mr. Abel’s belief that increasing these FTEs at this level is in some way, shape or form going to lower that need for certain consulting services. He realizes there are times when they have to have consultants for specialized areas and asked what thought has been given to how that may or may not impact their cost basis for consultant work. Mr. Abel replied that he thinks there are tasks and positions or things that can be done that can be contracted services. There is general maintenance that can be contracted out. He said consultant services allow you to bring a group or a company in that can manage projects or programs that is a unique skill set and you utilize them with the intent that they are not there for a long-term period. It is a combination of the right staff, the right consultant mix with the right contracted services, and those three things move forward together.

Commissioner Herr stated in regard to the external consultants, she thinks a lot of that is cultural in nature to this organization. That cultural nature starts here on the dais. She quoted Lenchione saying, “The single greatest detriment to an organization is absence of trust.” So when the Commissioners trust staff as much as they trust an external consultant, they will probably use fewer of them. The magic is, as Commissioner Zembower stated, the right mix of who can get it done faster, the most appropriate way, but it also comes down to trusting their team as any leadership organization should trust their senior management team.

Chairman Dallari asked about the Personnel Costs under General Fund Forecast Assumptions: FY22 Midyear Salary Adjustment, FY23 Across the Board, and the FY23 Merit Adjustments, whether that includes all five Constitutional Officers. Mr. Jecks answered that the total cost of a full year in the General Fund of a 3% increase is $1.1 million for BCC only, and it is about $100,000 more if they add the Property Appraiser, the Clerk, and the Supervisor of Elections. The Tax Collector submits their budget to the State, so they do not always include them in their estimates. And for the Sheriff’s Office, they do have some information to estimate what their 3% would cost, but the Sheriff’s Office was not included in the forecast.

Chairman Dallari stated he believes all five Constitutional Officers need to be included in the forecast. Commissioner Constantine agreed that it has to be and it is two-thirds of the budget. Chairman Dallari commented that it is such a high number and now that he sees it is not included, he is having reservations about looking at the other numbers. He is curious as to where the red line and the green line are now. He would like to see an adjustment to ensure that all five Constitutionals are included. Mr. Jecks said they can do that.

Chairman Dallari stated they are now seeing on a daily basis an increase of gas prices and asked where they put the anticipation of rising fuel costs. Mr. Jecks responded that their Investment Advisor advised that they would be looking at 5% to 6% increases on operating, but they think that number will be much higher for fuel. Whereas they would normally spend about $3 million per year in fuel, they think it could go up to $4 million easily. Chairman Dallari opined that needs to be addressed because the Sheriff has a lot of vehicles and that cost will go up substantially. They need to take a hard, serious look at what they need to anticipate or how they need to hedge their finances to make sure they are keeping the budget somewhat whole, the green line and red line.

Also, Chairman Dallari said he has been hearing that the Governor is going to be raising the minimum starting wage of highway patrolmen and he imagines the Sheriff’s costs will go up. He asked if that was also included in the assumptions. Mr. Jecks noted they will get the Sheriff’s official request on May 1st, so they did increase the estimate for the Sheriff’s Office in FY23, but they do not have all those numbers today.

Chairman Dallari indicated he wants to give everyone mid-year adjustments and end-of-year adjustments and merit pay, but he remembers in 2007 and 2008 when the market crashed, they had to balance the budget on the backs of county staff, and he does not want to do that this time. He wants to make sure they have a solid plan moving forward so they understand what is happening year by year.

In connection with SunRail, Chairman Dallari noted they keep on talking about it but he does not see a plan yet. He would like staff to give them some options. He felt that the Property Appraiser did a great thing during his presentation talking about micro and macro. Macro talks about global conflicts, inflation, interest rates and supply chains, and that all needs to be included as well as all five Constitutionals, so they are looking at this holistically instead of just piecemealing it. He wants to be able to look at this in total going into the next “x” amount of years. He knows they cannot go too far because that is not realistic, but they should be able to look at the next couple of years, and they have to look at all those numbers and not just pick and choose what they want to look at.

Commissioner Zembower said in regard to SunRail, he thinks that is a decision this Board has to make and it is not a staff decision. Whether they end up paying for that or not, or negotiating that, he has his own opinions about that, and they should have that discussion. But the reality is on the fuel costs and the other increases that they are all going to incur, government is in the best position during inflation than any other entity. As the cost of goods and services go up, the tax base increases, the revenue increases. So as those costs of goods and services increase, the money coming into this county increases to a point that a private entity does not enjoy and the outlay, although there is some expense, is not near what the ratio is in a private entity. He opined they should keep that in mind moving forward. Now how long this lasts, who knows. It may last through the rest of this, a couple years, three years, four years, so he would like to have staff really drill down on at least in the short term what that inflationary income and the increased tax revenue created by the increase of cost and goods does to their budget so they can manage that budget and their taxpayers’ dollars the best way possible.

Chairman Dallari recessed the meeting at 11:05 a.m.; reconvening at 11:15 a.m.

Agenda Item #6 – 2022-3268

Chris Anderson, Supervisor of Elections, addressed the Board to present their findings in connection with their research for available options to determine which course of action would be most prudent for new office space for the Supervisor of Elections. He explained the presentation is an overview of a conceptual plan that was completed by Schenkelshultz who did a needs assessment for them. This was recommended from his colleagues in justification to the BCC why they need more space. He stated he will be talking about their space needs and how they accomplish that.

Mr. Anderson explained the first option is a build-to-suit. The second option would be to move forward with a different project in a different location. Also in the first option is Five Points, but the question is where would they fit in with Five Points. He thinks that is a discussion they would need to have with County staff and to see whether or not that would work. He requested that the Board make a motion today to figure out what option they are going to go with and to have County staff work with his team.

Jessica Reckseidler, Chief Judge of the 18th Judicial Circuit, addressed the Board to voice a concern. She was hearing that Five Points was possibly a consideration for putting the location of the Supervisor of Elections’ office. Her concern is the amount of foot traffic during elections that would be going through there. She does not believe the roadway, even with the planned expansion, would be sufficient to accommodate all the foot traffic of both the Sheriff’s Office and the Supervisor of Elections. She added the parking would be a huge consideration as she thinks they are going to already be maximizing, even with the parking garage that will be built.

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

Upon Chairman Dallari’s request, Mr. Abel advised that he did spend the last year and a half working with Mr. Anderson looking at all the location options. He clarified that they only took Five Points off the table from the perspective that it needed to be done by the 2024 election, so Five Points has never been off the table. He recommends that they continue looking at Five Points as a location for the SOE Office. When they did the master plan initially with CGL, a lot of those offices were combined in an administrative building. He thinks to be able to peel some of those opportunities out of that building and have a standalone building is certainly something they can consider and talk about. He opined the timeline would be his biggest concern and he does not think they can commit to that for the first quarter of 2024. He opined a more responsible timeline to be expedited would be at best the summer of 2024. They can continue the conversation if that is the desire of the Board. He recommended they should move all of their services, as much as they can, to Five Points.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to have staff work with the Supervisor of Elections to accommodate their immediate needs and short-term needs, and work to bring back plans to this Commission on moving the SOE to the Five Points complex in a separate and apart location at 45,000 square feet by 2024 or as soon as feasible, with plans coming back to the Board within 180 days.

Under discussion, Commissioner Constantine indicated he is uncomfortable with putting a specific amount of square feet in the motion. He prefers they do allow staff to work with the SOE on a size that is absolutely necessary, and would like that to be removed from the motion.

Commissioner Zembower said his thought process is there will come a time when there will be some efficiencies afforded in their election process as far as storage of documents, etc., so he does not know that 52,000 is where they would need to be in 20 years, but maybe they will as the population expands. He has no problem adjusting that or taking the square footage out of the motion. Commissioner Constantine suggested they put square footage in that states, “up to…” and Commissioner Zembower responded he is okay to say “up to 45,000” at this juncture, but if staff comes back and states they are better off to plan for 52,000, he thinks they are better off to leave it to the staff to work with the SOE to come back with their square footage.

Commissioner Constantine suggested they keep the square footage out of the motion and let the SOE work with County staff on that at Five Points. Commissioner Zembower agreed and reiterated the motion.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to have staff work with the Supervisor of Elections to accommodate their immediate needs and work to bring plans back to this Commission within 180 days on moving the Supervisor of Elections to the Five Points complex in a separate and apart building with no square footage consideration and moving them there by 2024 or as soon as feasible.

Commissioner Herr expressed she would like to have the parameters of the space study and, of course, does not need that today, but they have not seen the space study and do not understand the parameters of the space study. This was a great presentation with a lot of material in it, but the details are important. She thinks the motion is general enough to get them there, and it covers short-term needs, which for the most part is probably going to be through the 2024 election. She cannot imagine that they are going to want to move in the middle of the summer of 2024. They need to be thinking about that in terms of short term, and she thinks that probably brings the airport into play in terms of what the short-term needs are. From her perspective, this needs a lot more development before they land on something. She has a bit of angst around the notion of putting in Five Points only; however, that is the best possible, long-term outcome for the citizens.

Mr. Abel said Commissioner Zembower mentioned 180 days for a plan and he shared he would like to spend the next few weeks with Jean Jreij, Public Works Director, and Mr. Anderson to talk about what this looks like and bring a recommendation back, perhaps at the first meeting in April, that says here is what we think is a realistic timeline and here is what we think is confirmation of square feet, what they can do with it, and here is what the game plan would be moving forward. They are going to have to be able to hit the ground running pretty fast to meet any part of 2024. Commissioner Zembower explained he was just trying to put a deadline on it saying in 180 days, do all the due diligence and work with the SOE and come back with a plan. Chairman Dallari remarked he thinks the County Manager is committing to the first meeting in April. Mr. Abel explained he would come back in April, not with the level Commissioner Zembower is talking about for 180 days, but with a recommendation as to how to move this forward and what a realistic timeline might be.

Commissioner Herr added in that short-term plan, she believes they should bring that space study back to them. Mr. Abel agreed.

In connection with the term “immediate need,” Commissioner Lockhart asked if they could add the word temporary. She noted that “concretables” and portables are two very different things, and “concretables” are a great temporary use. As a temporary immediate need, she does not want that to be taken off the table. She reminded the County has had needs for the County Services Building since they moved in. The building was built in 1960 and they moved into this building in 1980; it was supposed to be temporary then, so she is not talking about that kind of temporary. She wants there to be a clear understanding that whatever they are doing between now and home at Five Points is a temporary solution and it should be designed in a way that it would be temporary and they should not invest a whole lot of capital. Commissioner Zembower noted that was his intent.

Chairman Dallari suggested they also request that staff bring back an estimated cost and the funding source.

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

CONSENT AGENDA

With regard to public participation, Nancy Harmon addressed the Board to speak about Agenda Items #19 through #23 in connection with the Monroe Trail. She said she suspected that the property being purchased will be used for stormwater management which infuriates her in many ways. She understands that Sanford has built a lot of the development along Celery Avenue that is creating a problem, but she also knows that this Commission is approving developments in that area. It offends her when she sees these very high-density developments, but they are filling them to be like four and five feet above the next-door neighbors which creates a runoff that stormwater management will not capture.

County Engineer Mr. Jreij explained that those pieces of property they are purchasing are for the trail only; they will not be used for any retention ponds or anything else. They have done the Midway Basin study, and they have identified certain property for retention ponds. They currently are working on that project. They have selected a consultant to do the final engineering and they are in the procurement process. They also hired Ed Barfield, Edwin R. Barfield LLC, who is negotiating with the property owner for some property for the location of the retention pond.

Commissioner Herr commented that both sets of comments are not mutually exclusive; what has happened out there has already happened, and the County needs to take care of it. And in the future, they need to make sure that when they are building five feet above the neighboring properties that it is absolutely self-contained and not spilling off into the neighboring properties. When that community was built, it was not engineered to flow the way it should flow and it did not keep up with itself either, so it is a combination of things that has to be rectified.

Commissioner Zembower noted that Commissioner Herr is accurate on all those points. He reminded they are required both federally and at the state level that as time goes on, their minimum building height goes up. So to Commissioner Herr’s point, when much of Midway was built, there were certain regulations at a certain minimum pad height. In addition to that, he thinks what folks miss and to Ms. Harmon’s point, these developments are often raised up and they have all seen that, but if they are done right, they must capture all of their own water and retain it for a longer period of time.

No one else spoke in regard to the Consent Agenda; and public input was closed. Speaker Comment Form was received and filed.

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Both Commissioner Zembower and Commissioner Herr expressed they would like to pull Item #7 with regard to a Resolution in support of new truck facilities along I-4 for separate discussion.

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

County Manager’s Office

Business Office

7. Pulled for separate discussion.

Development Services

Planning and Development Division

8. Approve the plat for the Metcalf Estates Subdivision containing two (2) lots on 6.46 acres zoned A-3 (Rural Zoning Classification), located on the east side of DeLeon Street; Rocky Metcalf, Applicant. (2022-3245)

9. Approve the minor plat for the Canyon Point Center subdivision containing one (1) lot on approximately 2.50 acres zoned A-1 (Agriculture), located on the south side of Canyon Point, 350 feet east of East Lake Mary Boulevard; Darrell Bartz, Applicant. (2022-3240)

10. Authorize release of Maintenance Bond #024239183 for streets, curbs and storm drains, in the amount of $32,108.41 for Tuskawilla Crossings; Standard Pacific Homes, Applicant. (2022-3247)

Leisure Services

Greenways and Natural Lands

11. Approve and authorize the Chairman to execute a Memorandum of Understanding with the Central/South Florida Prescribed Fire Working Group (C/SFL-PFWG) for mutual assistance with prescribed burning and other land management activities. (2022-3248)

12. Approve and authorize the Chairman to execute an Interlocal Agreement between the City of Longwood and Seminole County for the maintenance of Parcel ID #21-20-30-5AP-0000-0620 in the Spring Hammock Preserve. (2022-3250)

13. Approve and authorize the Chairman to execute a Seminole County Natural Lands Program, Resident Caretaker Lease Agreement, County Supplied Residence, with Todd A. Moderson for the Geneva Wilderness Area. (2022-3256)

Library Services

14. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-32 to extend Seminole County Library Long-Range Plan 2017-2021 through December 31, 2022. (2022-3255)

Public Works

Engineering

15. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $11,348.00 between Christopher Bodoin and Jamie A. Worstell and Seminole County for a Quit Claim Deed necessary for the Miller Road Bridge Replacement Project. (2022-3231)

16. Approve and authorize the Chairman to accept and execute a Termination of Easement between Linda Thomas (Owner) and Seminole County, as well as accept a replacement Permanent Sidewalk Easement (1,394.3± square feet) necessary for the construction and maintenance of a sidewalk along a portion of Longwood Hills Road. (2022-3261)

17. Approve and authorize the Chairman to accept and execute a Termination of Easement between Rupert Davis and Vivienne Davis (Owner) and Seminole County, as well as accept a replacement Permanent Sidewalk Easement (228.5± square feet) necessary for the construction and maintenance of a sidewalk along a portion of Longwood Hills Road. (2022-3262)

18. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $7,470.00 between Maria Godinho, Anselmo M. Godinho and Nancy G. Ferreira, as Co-Trustees of The Manuel Santos Godinho Revocable Trust under the Agreement dated December 27, 1999; also Maria Godinho, Anselmo M. Godinho and Nancy G. Ferreira, as Co-Trustees of The Maria Godinho Revocable Trust under Agreement dated December 27, 1999; also Maria Godinho, an unmarried woman, Anselmo M. Godinho, a married man, and Nancy G. Ferreira, a married woman, individually (Owner), and Seminole County for property necessary for the construction and maintenance of a sidewalk along a portion of Longwood Hills Road. (2022-3260)

19. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #10 for property interests needed for the Monroe Trail Loop Project (2,850± square feet) between Eric D. Goodwell and Robin Goodwell and Seminole County for $112,510.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3269)

20. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #11 for property interests needed for the Monroe Trail Loop Project (1,845± square feet) between Siivi Goddard and Melania A. Goddard and Seminole County for $15,070.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3270)

21. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #21 for property interests needed for the Monroe Trail Loop Project (4,669± square feet) between James P. McCorkle and Judy C. McCorkle and Seminole County for $92,040.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3271)

22. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #16 for property interests needed for the Monroe Trail Loop Project (4,400± square feet) between Faye M. Brucker and Larry D. Brucker and Seminole County for $185,510.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3273)

23. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #13 for property interests needed for the Monroe Trail Loop Project (963± square feet) between Rex T. Williams, Jr. and Marianne W. McBride and Seminole County for $45,600.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3272)

Traffic Engineering

24. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-33 for West Lake Mary Boulevard between North 4th Street/Lake Mary Elementary driveway access and North Palmetto Street, comprising a 0.5-mile length, to reduce the speed limit from 45 mph to 40 mph. (2022-3197)

Resource Management

Budget

25. Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $42,800.00 for purchase of HAZMAT materials for the Fire Department; and to execute appropriate Resolution #2022-R-35 implementing the Budget Amendment Request (BAR) #22-029 through the Public Safety (Federal) Grant Fund in the amount of $42,800.00 to establish funding; and authorize the County Manager to execute all documents associated with the Grant described in this memo. (2022-3242)

26. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-35 implementing Budget Amendment Request (BAR) #22-030 through the Public Safety (State) Fund and Community Development Block Grant Fund in the amount of $106,712.77 to adjust grant revenue and expenditures based on existing agreements. (2022-3243)

27. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-36 implementing Budget Amendment Request (BAR) #22-031 in the amount of $44,457.00 through the General Fund to appropriate grant funding for the Election Security Enhancements Election Security Grant. (2022-3246)

28. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-37 implementing Budget Amendment Request (BAR) #22-032 through the Tourism 1,2,3 Cent Fund to appropriate budget of $215,000.00 from reserves for the Tourism Master Plan & Feasibility Study. (2022-3251)

29. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-38 implementing Budget Amendment Request (BAR) #22-033 in the amount of $5,900.00 in the General Fund for replacement of capital equipment (tennis ball throwing machine). (2022-3249)

MSBU

30. Approve and authorize the Chairman to execute the Satisfaction of Lien for the Sylvan Lake, Lake Management Services MSBU (Ordinance 2019-16) Phase I non-ad valorem capital assessments that have been paid in full; Daniel and Vanessa Macaluso. (2022-3215)

Purchasing and Contracts

31. Award Master Service Agreements (6) for RFP-3942-21/MAG, Home Reconstruction Services for the Community Services Department, to the following: Associated Cost Engineers, Inc., Delaware; EMT Contractors Corp., Orlando; Glen Holt Aluminum, LLC, Fruitland Park; Linton Enterprises, Inc, Osteen; RAK General Contractors, Inc., Lake Mary; and U.S. Veteran Contractors, LLC, Winter Park; and authorize the Purchasing and Contracts Division to execute the MSAs (Estimated Annual Usage: $1,000,000) (2022-3235)

Constitutional Officer’s Consent Agenda

Clerk & Comptroller’s Office

32. Approve Expenditure Approval Lists dated February 8 and 15, 2022. (2022-3257)

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

Clerk & Comptroller’s “Received and Filed” Documents

1 Amdmt #1 to W.O. #16 to RFP-0532-15/Connect Consulting
2 Amdmt #1 to W.O. #23 to PS-1522-17/Professional Service Industries (PSI)
3 Amdmt #11 to W.O. #2 to PS-0426-16/England-Thims & Miller
4 Amdmt #2 to W.O. #4 to PS-9983-14/Atkins North America
5 Amdmt #3 to W.O. #36 to PS-1320-17/Wood Environmental
6 Amdmt #6 to M-2599-19/C.T. Hsu & Assoc.
7 Approval D.O. #21-30000098/3518 Main St/Hall, Lomax/#21-30000100/5606 Winterbrook Way/Philip, Cheriyan/#21-30000101/2946 Division St/Davis/#21-30000102/150 Pop Ash Ct/Kaiser
8 Approval D.O. #21-30000103/128 Shirley Ave/Newton/#21-30000104/2828 Waldens Pond CV/Tyler/#21-30000105/Sipes Ave Lot 11/NJ Morris Holdings/#21-30000106/306 Hickory Dr/Colon
9 Approval D.O. #21-30000107/Sipes Ave Lot 12/NJ Morris Holdings/#21-30000108/405 Tucker Dr/Nito/#21-30000109/305 Tangerine St/Ivazian/#21-30000110/1156 Citrus Oaks Run/Smith/#21-30000111/1781 Cherry Ridge Dr/Velazquez
10 Bid (1) for IFB-604266-21 from Lightning Specialists
11 Bids (6) for CC-3881-21 from Accurate Power and Technology, Hinterland Group, Zabatt Engine Services, Eau Gallie Electric, Echo ED Corp, and Greater Florida Electrical Contractors (GFEC)
12 CDBG Program Subrecipient Agrmts (2) Program Year 2021-2022/Seniors First and Kids House of Seminole (as approved by the BCC on July 27, 2021)
13 Closeout to CC-3324-20/Carlson Environmental Consultants
14 Conditional Utility Agrmt for Potable Water & Wastewater/The City of Casselberry/Police Station
15 Conditional Utility Agrmt for Potable Water & Wastewater/WJAGH Investments/I-4 Industrial Park Sect 4 Lot 7
16 First Amdmt to IFB-604174-21/SWE, Inc of Louisiana
17 Pet Rescue Cooperative Service Agrmt/Spay and Neuter Nation
18 PS-3814-21/Schenkel & Shultz (Ranking list approved by BCC on 10-26-21)
19 Public Officer's Oath/Father John Bluett/Committee on Aging and Mark Reyes/Law Library
20 Public Officer's Oath/Robert Von Herbulis/Contractor Examiner Board
21 Public Officer's Oath/Robert Young/Code Enforcement Board
22 Reserve at Hillview/Recording of Plat/Performance Bond #K40279465 $195,095.45 and Performance Bond #K40279453 $410,495.53/CND-Keller, LLC
23 RFP-604222-21/Laboratory Testing dba ARCpoint Labs
24 RFP-604242-21/Lake and Pond Remediation
25 Second Amdmt to IFB-602634-16/Court Surfaces of Florida
26 Second Amdmt to PS-0504-16/CDM Smith
27 Second Amdmt to RFP-603215-18/Stantec Consulting Services
28 Tourist Tax Funding Agrmt/The District Board of Trustees of Seminole State College of Florida/2022 Courtney Miller Invitational
29 W.O. #4 to PS-2872-20/Ayres Associates
30 W.O. #4 to RFP-3750-21/McKim & Creed
31 W.O. #49 to PS-1320-17/Wood Environmental
32 W.O. #50 to PS-1320-17/Southeastern Surveying and Mapping Corporation
33 W.O. #51 to PS-1320-17/Wood Environmental
34 W.O. #56 to PS-1832-15/CDM Smith

CONSENT AGENDA (Continued)

Item #7 – 2022-3265

Truck Parking Resolution

Commissioner Zembower stated he understands the purpose of the Resolution, but he would like to discuss it with his fellow Commissioners. He noted this has been a problem for the community in trying to find a new location for these truck stops. The Resolution mentioned support but nothing about relocating the existing stops. Is it their expectation this Resolution is supporting an additional truck stop somewhere or is it the thought process that once one is found that the existing one be closed.

Chairman Dallari advised they were asked by FDOT for a Resolution of Support and the plan was to find five truck stops throughout the Central Florida region which would be four areas in Osceola, Orange, Seminole, and Volusia. There are approximately 800+ spaces that are needed and presently there are only 32 spaces available and truckers are overparking those spaces. So DOT did a PD&E trying to find out where the best place would be to put all these trucks. All the Resolution is saying is that there is an issue and that additional parking spaces need to be found for those trucks. DOT did commit that once all 800+ spots are available, then they will petition the federal government to close the remaining 32 spots, but not before.

Commissioner Herr explained her reason for wanting to discuss this was because she did go to the meeting last week, and if Seminole County is the first in on this and no one jumps in at any short order, they are going to end up being the manager of the truck stops on I-4 corridor. She thinks they would still be overcrowded and they will still be managing that. She thinks the Resolution needs to add something that indicates that they support all of them and a timeline that does them sequentially. What was most concerning to her is a couple of the properties that they selected are conservation properties; the properties in Volusia are conservation lands. Chances of that not going through a county commission are real. The challenge she sees with some of the other surrounding areas could put Seminole in the truck-stop management business, and she does not think they want to be there. She is personally invested in these things happening to create a safe environment for people driving up and down the highway. It is highly unsafe for a trucker to park on the side of the road and it is highly unsafe for them to drive beyond their ability to drive when the are tired. So it has to happen, but they cannot be the tip of the spear and then not have the rest of the spear follow through; it would not be good for Seminole County.

Chairman Dallari suggested they continue the item to the next meeting to give him some time to speak with the DOT to work with County staff.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to continue the request to March 22, 2022 to approve a Resolution providing for the commitment to support new truck parking facilities along the I-4 corridor in Seminole County.

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

REGULAR AGENDA

Agenda Item #33 – 2022-1929

Annual Springs Concert Special Event Permit

Commissioner Constantine noted the director of the Orlando Philharmonic is in attendance.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the request for a Special Event Permit for the Annual Springs Concert, “We Will Rock You – The Music of Journey and Queen,” to be held on April 2, 2022, located at 400 Woodbridge Road, Longwood; Carl Rendex, Applicant (Authorized Agent).

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

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

Agenda Item #34 – 2022-3228

Seminole County Fair Special Event Permit

Mary Robinson, Planning and Development, addressed the Board and presented the request as outlined in the agenda memorandum. Staff recommends approval.

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

Commissioner Constantine pointed out he wanted to ensure that there would be no live animal exhibits. Ms. Robinson advised that it is a condition of the permit that exhibition of domestic or wild animals is prohibited.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve the request for a Special Event Permit for the Seminole County Fair to be held on March 25 through April 3, 2022, located at 440 Hickman Drive, Sanford; James E. Strates, Applicant.

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

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Chairman Dallari recessed the meeting at 1:15 p.m., reconvening at 2:15 p.m., with all Commissioners and all other Officials, with the exception of Senior Assistant County Attorney Desmond Morrell who was replaced by Deputy County Attorney Paul Chipok, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.

FUTURE AGENDA ITEMS

CRA Funding for Parks Lincoln

Commissioner Zembower stated the CRA funding no longer exists, but there was funding that was stuck in the Flea World property for their entitlements that had expired. There are needs at the intersection at Parks Lincoln where the construction is taking place, and they’ve taken one of the driveways away from the access. His request is to ask staff to put something together for the Commission to consider regarding the reallocation of that CRA money to an entity that could use it so that the money doesn’t sit there until it’s completely gone.

Chairman Dallari stated he knows the CRA has sunsetted, and they gave people a deadline to apply for it; and that deadline has come and gone. Those funds are tied to the old Flea World property, and there are some legal issues there. He would like the County Attorney to be prepared because he thinks that there are some legal issues with that money being tied up that would need to be addressed before they talk about it. If they are going to be moving the money to another entity, since it has already sunsetted and there was a deadline, he believes from a legal standpoint they should open it up to the whole corridor so anyone can apply. On the same token, there are five cities that are involved, as well as the Fire Fund and the Road Fund; so they need to understand all of that. He asked if it is really worth the pain to go through all of that if there are other ways to address the issue.

Commissioner Zembower advised he had Legal look into it. Flea World has already been put on notice that they’re no longer entitled to the money. It is part of the Sanford corridor, and portions of that money has to go back to Sanford. As far as he understands, Legal has gone through all of hoops to have that money reallocated.

Deputy County Attorney Paul Chipok stated the CRA had a ten-year term that expired several years ago. The Flea World agreement was in existence and has not been terminated at this point in time. Staff has given notice to the current owners of the property that it’s time to terminate that agreement because they can’t fulfill the original provisions in the agreement because the Reagan Center is no longer the project that will be built on that property and the agreement was specifically tied to the development of the Reagan Center site plan. Once that money is received back, it gets distributed out to several cities that contributed in and also the County. Once that money comes back to the County, the remaining funds then go into the General Fund; and how they distribute that money out of the General Fund is at the Board’s discretion. Beyond that, they should probably defer any further action to an agenda item so the Board can be fully briefed on all of the particulars; but that’s the general overview. Commissioner Zembower stated that’s all he was requesting.

Commissioner Lockhart asked approximately how much money they are talking about. Deputy County Attorney Tricia Johnson addressed the Board and answered the agreement is tied to $592,000; and once the monies are disbursed to the Cities of Winter Springs, Lake Mary, Casselberry, and Sanford as well as the Fire Fund and the Roads Fund, which are restricted, the County will have about $307,000 that will go to the General Fund. Commissioner Lockhart stated she would like to see all of that take place, and then have staff provide options for how those funds should be redistributed rather than a specific property owner in the corridor.

Commissioner Herr stated in full disclosure that if it is specific to Parks Lincoln of Longwood, they are a client of her employer (Hylant); and she cannot vote.

Chairman Dallari advised the question is whether or not the Board wants to see this as a future agenda item. Commissioner Lockhart answered not as presented. Commissioner Constantine stated he doesn’t have a problem putting it on the agenda under the criteria that they just talked about which would be closing out the Flea World dollars. Mr. Chipok noted the agreement with the current owner of the Reagan Center property is in their ball court now. Staff has drafted the agreement, and they are waiting for it to come back. When it comes back, it will have to go before the Board for execution; so they will be seeing the agreement regardless of any action the Board takes today. Commissioner Constantine asked if that would be enough to satisfy the request. Chairman Dallari answered yes, and Commissioner Herr answered no. Commissioner Herr explained that has to happen first, then they are going to reopen the distribution of funds that were formally allotted as a CRA for purposes that may be aligned with what it was for with some criteria.

Chairman Dallari stated the bottom line is, at this time nothing needs to happen until they hear back from the property owner of Reagan Center. At that point, this will all start to unfold. He asked Commissioner Zembower if that was adequate. Commissioner Zembower answered he isn’t sure. He stated all he is asking for is that when the process is completed, they have a decision to make; the money is either going to sit there and not be used for its intent or staff needs to provide a presentation to the Board on what they believe should be in that corridor. Chairman Dallari stated the way he interpreted what Mr. Chipok said is that once they get the agreement back from the present property owner, the Board has to approve it. At that point, staff will ask for direction on where to put that money. Mr. Chipok responded that is correct.

Commissioner Lockhart stated she agrees with all of that, but she thinks she heard that the money automatically goes back into the General Fund. She asked whether or not those funds lose their designation once they’re put into the General Fund. Mr. Chipok answered they lose their designation when they go into the General Fund; however, the Board has control over the General Fund. If they want to reallocate that money specifically to CRA-like purposes, the Board can do that. Commissioner Lockhart asked if they would do that as part of the budget process. She advised she doesn’t feel comfortable committing specific funds for a specific purpose when they don’t even have the funds yet. There may be a very great reason to give someone those funds, but there also may be other needs in the General Fund. Chairman Dallari stated his thought was that once that agreement comes back, and they accept those dollars, there will then be another conversation that needs to be had. Commissioner Lockhart stated she knows Commissioner Zembower wants the Board to commit to putting that on the agenda today for that future time, but maybe they need to wait until all of those dominoes fall.

Commissioner Zembower stated to be clear, the monies are still sitting in the General Fund. Ms. Johnson advised the monies are actually encumbered in the CRA at this moment. Commissioner Zembower stated they have not allocated or written a check, and Ms. Johnson said that is correct. She added they can’t do that until the agreement is executed. Commissioner Zembower stated he is okay with all of that whether that agenda item is next month, two months from now, whenever it is; all he is looking for is some support to bring it forward as a CRA unallocated or unused funding for its intended purpose. Staff can provide a presentation to move it forward. But if they want to take it one step at a time, they could do that; but he likes to do things multitasked.

Commissioner Herr advised she doesn’t think they are multitasking, she thinks they are staging it. Upon the signature on the document that is sitting in Legal, she would say yes, they would bring the item forward. Commissioner Lockhart asked if they are bringing forward an item at that time that specifically allocates money to Parks Lincoln. And Commissioner Zembower answered no. Commissioner Lockhart pointed out that is what his original request was for. Commissioner Zembower replied they’ve talked about multiple things, and Commissioner Lockhart advised that is why she asked for the clarification.

Commissioner Zembower stated to be clear, he’s looking for the commitment of a future agenda item of CRA money being reallocated in the 17-92 corridor once Legal has done whatever they’ve got to do, and put it on a future agenda for staff to bring the Board something to talk about. Commissioner Lockhart asked if the assumption is that the money would be reallocated to the 17-92 CRA corridor. Commissioner Zembower answered he doesn’t know that they’d want to put it somewhere else. It wouldn’t make since because it’s not a direct nexus. Chairman Dallari stated he may not be agreeing to that. Commissioner Lockhart stated there is a presupposition that the item that would be before the Board is going to go toward a conceptual idea. If that is how Commissioner Zembower wants the item to come forward, she is not going to commit now to putting that specific item on an agenda with that specific purpose because it’ll be in the General Fund, and there may be other uses for it. Mr. Chipok advised with certainty he can say when the agenda item comes forward for the Board to sign off on the agreement to release those funds from the former Reagan Center agreement, there will be $300,000 on the table that by law goes into the General Fund. At that time, the Board can have a discussion as to how and where they want to allocate it.

Ms. Johnson noted the property owner now would also like to be considered for that funding. However, when the agreement is executed, she will bring forward a presentation on some options in terms of continuing to use it for a catalyst-type project or other items within the 17-92 corridor. There are a multitude of options, but staff can try to be creative with it since it was originally meant for the Reagan Center catalyst project.

Chairman Dallari confirmed with the Board that there was no other discussion needed on this topic.

COUNTY MANAGER AND STAFF BRIEFINGS

Item #35 – 2022-3178

American Rescue Plan Act (ARPA) Update

Ms. Johnson advised at State of the County a couple of weeks ago, the Board learned that the Community Services team has seen an increase in workload in terms of putting money back into the community by 7,000%, which doesn’t even seem like a real number. She wanted to take the opportunity to give Community Services staff some time to talk about where all that money has been going.

Allison Thall, Community Services Director, and Carrie Longsworth, Community Assistance Division Manager, addressed the Board and provided the ARPA Update presentation (received and filed).

Commissioner Zembower stated he would like to know staff’s thoughts on the reallocation of ARPA money and the downing of the income level to $79,000. He stated there are some studies that recently came out with what’s going on in the world today that indicate that in Central Florida a family of four making $100,000 can barely make it week to week. He wonders if there are other programs as the economy continues to climb from the standpoint of costs, whether or not there is a safety net for some of those individuals. Ms. Longsworth answered unfortunately there is not a program that provides that assistance. Most of the funds that come from the federal government are limited to those lower income households. She agrees there is absolutely a gap for the working households that are really struggling, but unfortunately the programs that are coming down are not set up to assist them.

Chairman Dallari pointed out they keep referring to guidelines. He asked if they are actually requirements and not just guidelines, and Ms. Longworth answered the income guidelines are requirements from the Treasury Department as of April 1. Chairman Dallari asked if there is any way to question those requirements because of the cost of inflation. Ms. Longsworth answered not that she knows of, but they will reach out to the County Attorney’s Office to see if they have an opinion on that. Staff did speak to Legal about the rule that came out, and they agreed that is where they are stuck. Chairman Dallari mentioned they challenged it one time with an MSBU back in 2007, and they were able to reallocate a different number because of inflation. Ms. Longsworth advised they will absolutely look into that.

Ms. Johnson finished the ARPA Update by reviewing the Recommendations & Next Steps as outlined in the presentation. She pointed out she is not asking for approval of funding agreements; those will go before the Board at a future meeting.

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

In regard to the reimbursable basis, Commissioner Lockhart asked what the length of time is for any non-profits that wind up with a funding agreement to commit the funds and submit back to the County for reimbursement. Ms. Johnson answered the monies have to be spent by the end of 2024. She doesn’t want to get too far in the weeds with the actual dates because she isn’t certain if that means they have to have submitted for reimbursement by the end of 2024 or if they have a grace period of 30 days; but they do all have to be spent by the end of 2024. Commissioner Lockhart asked if an organization is not able to spend their amount that has been allocated, what happens to those funds at that deadline. Ms. Johnson answered that question is worthy of further discussion with the team to determine whether or not there should be some sort of update. They will report on a quarterly basis; but to Commissioner Lockhart’s point, they could discover by a certain time that they’re not going to spend all the money, and that doesn’t give the Board a chance to reallocate it. She will work with Legal and Resource Management on determining a schedule so that they can ascertain as to whether those dollars will be spent within a timely manner. Commissioner Lockhart stated that means staff that is looking at all of the applications will be taking into account the organization’s ability to get the funds out the door, and Ms. Johnson responded yes.

Commissioner Herr stated with respect to the practical application on the other end of this with respect to the ROM agreement, which is the one that they have gone through a labor-intensive process to pull together, there is quarterly reporting. She would expect that they do the same thing so that they don’t end up in 2024 scrambling. That is her concern, but she thinks there is a mechanism to do that. Ms. Johnson advised they do have the same reporting mechanism. The only thing is if they aren’t seeing spending within a year, how do they manage that; and she will talk further about that.

Commissioner Zembower asked if they are going to put together a backup list of those who’ve requested in the event those that have already been approved are not expending so that they don’t end up at the last month seeing that they could have helped other entities. Also, to be clear, the reallocation that is recommended, they do have the ability to revisit and reallocate that again. Ms. Johnson replied that is correct.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the recommendations and next steps as outlined in the presentation including the reallocation of $4,740,000 in ARPA funds; award $829,858 in not-for-profit grants where the agreements will be brought back on a Consent Agenda; and continue the finalization of pending agreements and requests for funding.

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

Commissioner Herr stated at some point she thinks they need to have an ARPA presentation for the Board around everything other than non-profit because they’re under the same gun for the spending of the rest. So they have roughly half of it that is allocated for revenue replacement, which based on the report this morning, she isn’t sure how that is going to work. They are going to find themselves in the same exact position as the non-profits are going to find themselves with money going back to the federal government that shouldn’t leave the community. They’ve got to put as much focus on that side of it as they are on this side of it. Ms. Johnson stated she thinks that is the responsibility of herself and the ARPA team to keep their eye on the ball. She would like to have a better sensee of whether the Board would like a monthly ARPA update, bi-monthly, or do they want to base it on activities going on. She is happy to update the Board as often as necessary. Chairman Dallari asked Ms. Johnson to put together a schedule that she feels is necessary.

Commissioner Zembower requested briefings once a month. He suggested the Commission should consider getting an update on the dais on a monthly basis in the last year. Chairman Dallari reiterated Ms. Johnson can decide a schedule and bring it to the Board.

Broadband Update

Meloney Koontz, Assistant County Manager, addressed the Board to provide a brief broadband update. The County allocated $4.7 million towards the broadband project. They kicked off the project in January, and they’ve been working with their consultant who indicates that it will be a five-month project. They’ve been pulling together GIS layers which helps them understand the community better. Ms. Koontz advised they’ve tentatively scheduled stakeholder group meetings. There are eight group meetings with the Cities, the health care industry, and the schools as well as other groups. They are trying to gather as much information as they can to put in the report, and that will be happening within the next three weeks. The exciting news is that the County’s web page will launch tomorrow. There will be a survey and a speed test, and it’s very important that the residents take the speed test so that way they can get an understanding of the community’s speed and quality. She discussed how staff will get the information out to the residents regarding the speed test.

Commissioner Lockhart requested that the Commissioners are tagged in the social media posts so that they can reshare the posts. Commissioner Zembower requested a schedule of how often the posts will posted and on what social media outlets. Ms. Koontz stated they will also be monitoring the areas that are responding. If they find an area that is not responding, they will pull GIS addresses and send postcards to those areas to make sure that they’re getting the information.

Item #36 – 2022-3177

Legislative Update

Ms. Johnson advised this is the last week of session so things change on an hourly basis. This Board has been monitoring for the most part in the last couple of weeks an amendment that has been making waves with respect to the Sheriff’s budgetary process. That was in a Senate and a House bill, and the language was stripped on Friday; but now it is in HB 3. They are working mainly with the Senate because it is a priority of the House; it is a Governor priority. Chances are the House won’t be able to do a lot with the language, but staff is hopeful that the Senate can work with them. The County’s lobbyists are on top of it as well as the Florida Association of Counties. The primary concern allows Sheriff’s Offices the ability to alter components of an approved budget without BCC review or approval. While it’s not a criticism of the current Sheriff, a lot of Counties do have some challenges and are concerned about the legislation; and of course, the County never knows what the future holds so they want to be vigilant. They are working to try to get that language stripped from the bill. With four days left, there is not a lot of room to put it in other bills; but there is still enough time.

Ms. Johnson stated it is important to note that two of the County’s appropriations requests have been fully funded in the budget, which is great news; EE Williamson Road Trail Connect at $1 million and Wekiva Springs Road Intersection Improvements at $500,000.

The Board received an email from Ron Book’s office regarding SB 1380 related to real property rights. They are watching that primarily for any amendments related to development, and there are no issues with that bill.

Commissioner Constantine stated HB 3 was a great bill, but now has a poisoned pill in it. The fact of the matter is, they all agree on transparency and accountability with the Constitutional Officers; and this bill is the direct opposite. He pointed out that 57% of the County’s budget goes to the Sheriff’s Office, so the County would basically lose control of 57% of their budget once it’s approved.

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

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Commissioner Zembower left the meeting at this time.

Chairman Dallari recessed the meeting at 3:01 p.m., reconvening at 3:11 p.m.

PROOF OF PUBLICATION

Motion by Commissioner Herr, seconded by Commissioner Constantine, to authorize the filing of the proof of publication for this meeting’s scheduled public hearing into the Official Record.

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

PUBLIC HEARINGS QUASI-JUDICIAL

Districts 1, 3, 4, and 5 submitted their ex parte communications (received and filed).

Item #37 – 2022-0002

Eden Park Rezone/Eden Preserve, LLC

Doug Robinson, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. He advised that staff recommends approval.

Frank Cawthon, FHC Development, on behalf of the Applicant addressed the Board. Mr. Cawthon stated this piece of property is part of the Lukas family’s nursery holdings, and they’re seeking to do a 16- or 17-lot subdivision. They concur with staff and P&Z’s recommendation for approval. He reiterated some of the things Mr. Robinson reviewed in his presentation and pointed out they had a few concerned citizens that they’ve been working with over the last few weeks. They were initially concerned about lot sizes and water issues. The lot sizes were addressed by taking the less intense size. Generally, water flow in that area runs southwest to northeast. They have been assured that from an engineering standpoint, they will be taking water from the site and getting it to the proper drainage channels and retention ponds. There is a gentleman directly to the north and he was assured that they would do nothing to add any water to his property. They will do whatever is necessary to screen him off and keep the water from running to his property whether it’s a pipe-conveyance system or a small wall; they will look at that during engineering. They are also willing to look at buffering.

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

Commissioner Constantine stated there had been some concerns from the public, and those concerns have been addressed.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt Ordinance #2022-5 enacting a Rezone from A-1 (Agriculture) to R-1AA (Single-Family Dwelling) for approximately 6.99 acres, located southwest of Bunnell Road and Eden Park Road; Eden Preserve, LLC, Applicant; as described in the proof of publication.

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

COUNTY MANAGER’S REPORT

Interim County Manager Joe Abel stated in the Home Rule Charter, Article 2 Section 2.3(B) states the BCC shall by majority vote confirm the appointment of department heads. The Fire Chief is equivalent of a department head, and he seeks the Board’s confirmation to have Matt Kinley be the County’s next Fire Chief.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to appoint Interim Fire Chief Matt Kinley to Fire Chief.

The Board congratulated Interim Fire Chief Kinley.

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

Fire Chief Kinley expressed his gratitude and thanked the Board.

COUNTY ATTORNEY’S REPORT

No report.

DISTRICT COMMISSIONERS’ REPORTS

District 3

Commissioner Constantine reported on the Wekiva Golf Club, Altamonte Babe Ruth League’s opening day, The Sanctuary by Bear Lake, an FDOT public information meeting regarding the truck and freight site, the opening for the Wekiva Parkway Section 6 conservation area, and a situation where a couple of residents have been feeding bears.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2022-R-39 in appreciation of Rick Donohue for his service on the Tourist Development Council; and appoint Don Dougherty from the Westin Lake Mary to take Mr. Donohue’s place on the TDC.

Under discussion, Commissioner Lockhart asked for confirmation that the appointments are being made appropriately. Ms. Johnson confirmed Commissioner Constantine is appropriately appointing someone for his district seat as well as a hotelier.

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

District 5

Commissioner Herr noted she has had a lot of positive feedback regarding the State of the County, and thanked staff for all of their hard work. She congratulated Commissioner Lockhart for being named a finalist at the national level following her State Trustee of the Year title from the American Association of Community Colleges. Commissioner Herr thanked Rick Durr, Leisure Services Director, and Sean Loosier, Library Board appointee, for working together. She thinks Mr. Loosier is going to be a very positive influence, and Mr. Durr is wrapping resources around him to make sure that happens. She advised for a mere $25,000 in the annual budget, they could do an annual mailer of the bear mailers to the bear neighbors to stop people from feeding them. They need to advocate for that because it could save some human injuries and bear lives.

Commissioner Herr stated following-up on the County Manager search process, it is her understanding that the next steps as they are intended today is that the candidates would be surfaced and screened, the best candidates would be sent to the Board, and then the Board would take it from there. She would advocate that Directors or some subset of the management team needs to be involved in the process. The single greatest thing that the County Manager has to do is have a staff that actually will follow the leader, and having folks that don’t have any input into who that leader is, is not something that would happen in any other organization that she has ever been a part of. She can’t fathom it happening here. She noted that is not slated as a step in the process, and she thinks it needs to be.

Chairman Dallari asked, since they don’t have a full Board, if they could wait until the next meeting to bring it back. Commissioner Lockhart stated there was consensus of the Board and they gave direction to the consultant to develop a stakeholder engagement plan. Part of that plan was engaging employees. Chairman Dallari advised he will speak to County Attorney Bryant Applegate to find out where they are at and see how that public input is going to take place.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to approve some level of senior management be involved in the interviewing process, if not the screening process, of the candidates for County Manager; and that can be determined between Mr. Slavin of Slavin Management Consultants and the County Attorney.

Under discussion, Commissioner Constantine stated he thought they had already agreed to that. Commissioner Herr replied it is not planned. Chairman Dallari reiterated he’d like to speak to Mr. Applegate to see where it’s at. Commissioner Constantine advised he has no problem with staff being involved in the meeting with any potential candidates. He isn’t sure about the interview process; but meeting with them and talking to them would be a wonderful thing. Commissioner Herr stated she believes that staff needs to be involved in the screening process. Chemistry is a big part of the ability to lead an organization. It is fair to the new leader to have them have the opportunity to speak with and be interviewed by staff because that will bring out what the concerns are, where direction is, and where things are needed. It is also fair to staff that they get some input. Chairman Dallari stated when the vote comes down, it is the five Commissioners that make the vote; there is not a sixth vote. Commissioner Herr replied she would not advocate that. A typical process would be that the screening comes from Mr. Slavin’s operation through their team and the finalists get sent to the County and it goes from there. Chairman Dallari noted he thought they already had a process. Commissioner Herr responded she followed-up on it this week, and the answer was the Board was getting a list of candidates to interview.

Commissioner Lockhart stated it is important that they reiterate what their expectation is, and that’s why it’s important that it was made in the form of a motion. They have all gone through different levels of searches, and she shared her own experience at Seminole State College. Chairman Dallari reiterated he would like to speak to Mr. Applegate to ensure that their process is being followed. If they are going to make changes to the process, he thinks that Commissioner Zembower should be present. Commissioner Herr asked if that process is documented. Chairman Dallari stated he will pull the minutes and see what they discussed.

Commissioner Constantine stated he doesn’t have a problem with staff meeting, talking, and questioning any of the candidates. He is more than willing and happy to support that because he thinks that is important. If Commissioner Herr is asking for staff to rank them, he is not supportive of that idea. Commissioner Lockhart stated she thinks the reason they hired a consultant is so that they could use them as the gatherer of consensus and feedback. The Board gave direction to him regarding stakeholder feedback. Commissioner Herr is extrapolating from that and saying there should be a plan for that, and there is no plan for that to happen right now. That feedback from those employees, those stakeholders, at whatever level they may be, to come back to the consultant to be brought back to the Board is critical in the Board’s decision making. Even though they are the five that get to vote, they are selecting the leader of the organization for the entire team. Their feedback and input is critical in that decision-making process. No, they don’t get a vote, they’re not the sixth person; but the fact that it is not being seen in the timeline as a part of the process that the Board gave the direction to have happen is concerning. The motion and the second is to ensure that that is continuing to occur.

Chairman Dallari stated he believes during their discussion when they talked about the process, they asked the consultant to do what they’re talking about. There may not be a document of it somewhere, but they will make sure that that is happening because it was discussed. Commissioner Herr agreed it was definitely discussed. Commissioner Lockhart asked if there is a problem with solidifying it in a motion. Chairman Dallari replied they talked about it, and it should be happening. If it’s not happening, he doesn’t know why it’s not; but it should be happening.

Commissioner Herr clarified her motion was to assure that at least that piece was shored up. If they want to take it to stakeholders, she is good with that. If they want to make it broader, she is good with that. For that, potentially, Commissioner Zembower should be present. Staff cannot be left out of this process, and she is getting that shored up today. That’s her motion. Commissioner Constantine stated they all agreed on this, and they all agree stakeholders need to be part of it too; but that’s a broader question. But right now, the motion is for senior staff to have the opportunity to meet with the candidates and question them. He has no problem with that. Chairman Dallari said he has no problem with that. Chairman Dallari asked if that was the motion. Commissioner Herr answered she is good with that motion. Chairman Dallari asked if the seconder confirms that that was the motion they seconded, and Commissioner Lockhart answered yes.

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

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Commissioner Zembower reentered the meeting at this time.

District 4

Commissioner Lockhart reported on the IFAS Gardening Expo, and discussed a scholarship opportunity through True Health.

District 2

Commissioner Zembower discussed the Sustany (Lake Pickett North) development in Orange County, and asked Planning staff to keep the Board up to speed on that. He reported on a meeting with the Coalition Against Bigger Trucks (CABT), Altamonte Babe Ruth League’s opening day, and a tour of his district with WideOpenWest (WOW!) for broadband services.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt appropriate Resolution #2022-R-40 in appreciation of Jeannie Ellenson for her service on the Historical Commission.

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

Commissioner Zembower announced his office is looking for a replacement for the Historical Commission and the Code Enforcement Board. He will bring those forward in the near future.

The Commissioner discussed the Econ basin study.

District 1

Chairman Dallari stated the Board confirms the appointments for the Lake Pickett MSBU and Horseshoe Lake MSBU. Horseshoe Lake is both in the City and unincorporated Seminole County.

Motion by Chairman Dallari, seconded by Commissioner Constantine, to appoint Brian Kushner, filling an unexpired three-year term expiring December 2025, and Patty Searcy to serve an unincorporated liaison three-year term expiring December 2025, to the Horseshoe Lake MSBU.

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

Chairman Dallari asked the Interim County Manager to instruct a staff member to attend the Sustany development meeting on March 29 at East River High School and provide an update to the Board. There were no objections. Commissioner Constantine asked if that update could include the difference between what they have already voted against and what the developer is now proposing. There were no objections.

Chairman Dallari stated he received a Written Comment Form from Michael T in opposition to the Supervisor of Elections’ budget presentation regarding an IT building.

Written Comment Form received and filed.

CHAIRMAN’S REPORT

Motion by Chairman Dallari, seconded by Commissioner Zembower, to appoint Shannon Campbell to fill the vacant attorney seat on the Committee on Aging for a three-year term effective March 8, 2022, ending March 8, 2025; and Judith Desrosiers, General Manager of the Oviedo Mall, to fill a four-year appointment on the Tourism Development Council (TDC) effective March 8, 2022, ending March 8, 2026; and Daniel Kavanaugh, Holland & Knight, replacing Thom Greene to the Law Library effective March 8, 2022, ending March 8, 2025.

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

Chairman Dallari discussed the opening of the I-4 express lanes and distributed a map (received and filed). He also distributed two memos regarding a Visioning Plan work session and Land Development Code work session (received and filed). Discussion ensued regarding the date for the Visioning Plan work session. Chairman Dallari asked the Commissioners to contact his office to figure out a date that works for everyone.

COMMUNICATIONS AND/OR REPORTS

  1. Letter dated February 23, 2022, from Traci Houchin, City of Sanford, Notice for Ordinance No. 2020-4674, Annexation Request for 5.83 acres between Central FL Green (SR 417) and Vihlen Road and New Upsala Road boundary.

  2. Letter dated February 24, 2022, from Mark Gisclar, Director PW City of Casselberry, regarding his upcoming retirement on June 11, 2022.

  3. Letter dated February 28, 2022, from CFX regarding SR 414 Expressway Extension Public Hearing, on March 31, 5:30-7:30 p.m. at Wekiva High School, 2501 Hiawassee Road, Apopka, FL 32703.

  4. Letter dated February 28, 2022, from Seminole County Parks and Preservation Advisory Committee regarding a revised recommendation of the Power Corridor Trail Feasibility Study from SR 434 to the Cross Seminole Trail via Shephard Road.

  5. Letter dated March 2, 2022, from the Florida Department of Economic Opportunity regarding the completion of its review of the comprehensive plan amendment adopted by Seminole County by Ordinance No. 2022-3 on January 11, 2022.

  6. Letter dated March 3, 2022, from the Florida Department of Economic Opportunity regarding the completion of its review of the comprehensive plan amendment for Seminole County (Amendment No. 22-01ESR) received on Feb 1, 2022.

PUBLIC COMMENT ON ITEMS NOT RELATED TO THE AGENDA

Joe Humphreys addressed the Board to discuss the process of the County Manager search and the public’s engagement.

Public Comment Form received and filed.

Chairman Dallari advised Commissioner Zembower that during his absence, the Board made a motion to ensure that staff has input of the County Manager candidates. He is sure the Board would agree that the citizens have input as well. Commissioner Zembower stated he would concur with that. He added he thinks they need to be careful regarding what the involvement is.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:10 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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