BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

March 22, 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 22, 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 Kyla Farrell and Terri Porter

OPENING CEREMONIES

Members of Inspire led the Pledge of Allegiance. Reverend Robert Melhorn, Integrity Church, Oviedo, gave the invocation.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3282

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve a Proclamation proclaiming Lt. Colonel Michael Gordon Viemeister, United States Army, as the Seminole County’s March Veteran of the Month.

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

Agenda Item #2 – 2022-3275

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve appropriate Resolution #2022-R-41 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.

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

Agenda Item #3 – 2022-3294

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve a Proclamation proclaiming the month of April as Autism Awareness Month in Seminole County.

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

Agenda Item #4 – 2022-3293

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve a Proclamation proclaiming the week of March 20 through 26 as Florida Surveyors and Mappers Week in Seminole County.

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

Agenda Item #5 – 2022-3295

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve a Proclamation proclaiming the month of April as Water Conservation Month in Seminole County.

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

Agenda Item #6 – 2022-3244

Central Florida Expressway Authority Presentation

Will Hawthorne, P.E., CFX Director of Engineering, addressed the Board to present the SR 414 Expressway Extension, Project Development and Environment Study (included in the agenda memorandum).

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

Commissioner Constantine advised if this is approved, he has been told that they would be able to drive on it within five years, which would be extraordinary. He added, just like the expressways on I-4, this is going to take some getting used to as to where you can get on and off. One of the things that they’ll note is that you can’t get on the elevated expressway at SR 434; and mostly that is because of size, but also, they wanted to look at the local residents and give them an opportunity to have a better flow of traffic. The price is similar to the price that is being calculated for the express route that they’ve talked about going to the airport. In contrast, this is a very important part of the Expressway’s short-term plans; and compared to other projects, it is being reasonably priced.

Commissioner Lockhart stated, as with most projects like this, engineers look at impacts to surrounding areas, and the people who live there perceive the impacts differently than the engineers who design the project. She saw and appreciates that there is a sound barrier that they think would be reasonable on the south side of that extension, but there’s no sound barrier proposed on the north side. It won’t be long before the folks on the north side of the road realize that the folks on the south side of the road are getting a sound barrier. She asked if Mr. Hawthorne is prepared to explain to the Board and to those residents why one side of the road seems feasible and reasonable and the other does not. Mr. Hawthorne answered he is. He added the noise study report that he does as part of the PD&E study gets totally revisited in design. So when they know the final geometry of what the roadway and bridge will look like, that all gets completely redone; it is a complete refresh to see what is reasonable and feasible from a noise perspective. They are very sensitive to the neighbors; it is something that they take very seriously.

Commissioner Herr advised she thinks this is an awesome solution. The fact that the right-of-way acquisition won’t slow the project down is genius, and they are minimizing the current impact of traffic to those local neighborhoods. What is happening there now is not good, and this is a really good solution. She recalled that Mr. Hawthorne stated this will support future multimodal. She asked what he means by that. Mr. Hawthorne explained future multimodal is a very wide-ranging definition. It’s the bikes, walkers, more friendly pedestrian actives, seven-foot buffered lanes and sidewalks. They looked at trying to put a trail in there, and it’s just not enough right-of-way without getting into backyards. The Seminole County Trail is essentially within the study area. Commissioner Herr noted she just wanted to clarify that it doesn’t mean trains.

Commissioner Zembower opined this is the missing link in this area. This is an example where multi-jurisdictions can come together in ranking these programs through MPO. Regarding the sound walls, he asked if Mr. Hawthorne is following the federal requirements on sound walls on how and who gets sound walls; and if so, can he provide a quick overview of that. Mr. Hawthorne answered absolutely. He explained there are certain guidelines established by the federal government. FDOT abides by the same thing as well as the Turnpike. It has to be a reasonable and feasible wall to build. There has to be a certain number of impacted residents to justify paying for the wall. FDOT has been instrumental in this all along the way.

Chairman Dallari asked how they are going to buffer the seven-foot bike lane that was discussed in the presentation. Mr. Hawthorne explained the buffer is a painted double stripe. It is not a physical buffer. They followed what FDOT has set up and defined as buffered bike lanes.

There were no other comments or questions.

Agenda Item #7 – 2022-3232

County Investment Advisor Report

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

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to implement the purchase recommendations of the Board’s Financial Advisor based on the report submitted today and direct the Clerk to implement said Board-adopted recommendations.

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.

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Chairman Dallari recessed the meeting at 10:40 a.m., reconvening at 10:46 a.m.

CONSENT AGENDA

Chairman Dallari requested Agenda Item #24, Water & Sewer Capital Program Revalidation, be pulled for separate discussion.

With regard to public participation, no one spoke in regard to the Consent Agenda; and public input was closed.

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

County Manager’s Office

Business Office

8. Approve appropriate Resolution #2022-R-42 providing for the commitment to support new truck parking facilities along the I-4 corridor in Seminole County and Volusia County, and in locations convenient to I-4 in Orange and Osceola Counties, and providing an effective date. (2022-3265)

Office of Emergency Management

9. Memorandum of Understanding (MOU) with the School Board and the (7) Cities, Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, and Winter Springs, for the use of public meeting facilities for elected officials, commissions and boards during times of disaster or emergencies, which is part of the Continuity of Operations Plan. (2022-3308)

Community Services

Business Office

10. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-43 amending certain Medical Examiner Fees. (2022-3286)

Community Development

11. Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61 and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of February 2022. (2022-3280)

Development Services

Building

12. Issue a Notice of Determination of Public Nuisance for the unoccupied structure located at 2352 Sunny View Drive, Oviedo; and authorize the Building Official to serve notice of this determination, pursuant to Sections 168.5 and168.6 Seminole County Code; and set a date of May 24, 2022, for a “Show-Cause” public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code. (2022-3252)

Planning and Development Division

13. Approve the Interlocal Agreement between Seminole County, the City of Sanford, and the Sanford Airport Authority addressing airport protection land development regulations in the vicinity of the Orlando Sanford International Airport. (2022-3187)

14. Approve the final plat for the Teal Estates subdivision containing two (2) lots on 12.40 net buildable acres zoned A-5 (Agriculture), located 0.3 miles west of Harney Heights Road; Faun Hoffmeier, Applicant. (2022-3253)

15. Authorize the release of Performance Bond #ERL2700359 in the amount of $106,823.00 for Townhomes at River’s Edge subdivision f/k/a Tesoro Townhomes; Tesoro CLC Homes, LLC, Applicant. (2022-3288)

16. Authorize the release of Performance Bond #1087404 in the amount of $232,775.49 for Riverbend at Cameron Heights subdivision; D.R. Horton, Applicant. (2022-3289)

Environmental Services

Business Office

17. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-44 amending Section 20.45 of the Seminole County Administrative Code to add Table A.1, Capacity Guidelines/Level of Service. (2022-3196)

Solid Waste Management

18. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Trademark Metals Recycling, LLC, effective from October 1, 2021 through September 30, 2022. (2022-3279)

19. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for GFL Solid Waste Southeast, LLC, effective from October 1, 2021 through September 30, 2022. (2022-3284)

Public Works

Engineering

20. Accept the developer’s request to apply the value of the proposed installation of the drinking water fountain adjacent to the Cross Seminole Trail, in the amount of $9,338.86, to partially satisfy the Florida Department of Environmental Protection (DEP) policy requirement for Additional Compensation (AC) related to the granting of a Private Easement across the Cross Seminole Trail corridor; and accept a check for the remaining #3,411.14 and, after completion of construction, accept a Bill of Sale transferring ownership of the fountain to Seminole County. (2022-3292)

21. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #16-19-30-5AC-0000-087A for acquisition of property needed for the Narcissus Avenue Improvement Project (3,262.62+/- square feet) between Belle Limited Liability Co. and Seminole County for $14,500.00. (2022-3276)

22. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #16-19-30-5AC-0000-0870 for acquisition of property needed for the Narcissus Avenue Improvement Project (3,152.59 +/- square feet) between Robert J. Maksimowicz, Trustee of the Robert J. Maksimowicz Revocable Living Trust, dated February 13, 2004 and Seminole County for $14,500.00. (2022-3277)

23. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-45 accepting a Temporary Construction Easement donated by Seminole Springs Retirement Community, LLC, to Seminole County related to the Orange Boulevard Improvement Project. (2022-3278)

33. Add-On Consent – Not in sequential order

Approve and authorize the Chairman to execute a Memorandum of Understanding (MOU) regarding Rinehart Road County Pond Redesign with Paul V. Mellini, Successor Trustee, and Rinehart Road Owner, LLC (Contract Purchaser) detailing the conditions for the redesign, relocation, and construction of County Ponds 5A and 5B located south of the Lockhart Smith Canal on the east side of Rinehart Road. (2022-3302)

Resource Management

Budget and Fiscal Management

24. Pulled for a separate discussion.

25. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-47 implementing Budget Amendment Request (BAR) #22-036 in the net amount of $666,948 from Countywide Fund reserves, to provide additional budget needed due to cost increases for the purchase of fleet replacement vehicles and generators; and to establish necessary Interfund Transfer Budgets in the amount of $234,962. (2022-3287)

34. Add-On Consent – Not in sequential order

Approve and authorize the Chairman to execute Amendment No. 2 to Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) accepting an additional $200,000 of Grant Funding to enhance boat ramps, gangways, and floating docks at the Lake Monroe Wayside Park; and appropriate Resolution #2022-R-48 implementing the Budget Amendment Request (BAR) #22-037 through the Leisure Services Grant Funds in the amount of $200,000.00. (2022-3303)

Purchasing and Contracts

26. Approve Amendment #1 to RFP-604210-21, Term Contract for Rough Cut Mowing and Grounds Maintenance, with Cato Environmental Serviceds, Inc., Lake Mary, for $176,202.88; and authorize the Purchasing and Contracts Division to execute the Amendment. (2022-3281)

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

Consent Agenda Item #24 – 2022-3290

Water & Sewer Capital Program Revalidation

Chairman Dallari stated this has to do with the Water & Sewer Capital Program Update; and during his briefing there was a discussion because last week the Well Deepening Feasibility Study was a part of it. That was for $910,000. He made a comment to staff regarding how that should be in the Master Plan otherwise they are going to continue to piecemeal the Master Plan. The next thing he knew, that was removed, which he appreciates; but now that $910,000 is showing up on the Rhinehart Road valve project for additional money. It’s kind of interesting how it went away from one project and pops up on another project in the exact amount. He asked staff to address that.

Tim Jecks, Resource Management, addressed the Board and advised he prepared the BAR. The Rinehart Road project did have cost increases. They didn’t have the numbers in time to put it on the BAR originally; but if they had, it would have been on that BAR to begin with. When staff removed the Feasibility Study for $910,000, they did have the estimate for the Rinehart Road project. It was close, but it wasn’t exactly the same. They did move that exact amount to keep the bottom-line of the BAR amount the same. It’s not a coincidence; they put the number in just to keep the BAR about the same. Chairman Dallari stated it may not be a coincidence, but it sure does look like it; and if it wasn’t brought up, then the additional money for the Rinehart Road valve replacement project would not have come up. He finds it more than fascinating. Interim County Manager Joe Abel advised it would have come back at some point because there would have been another BAR that would have been necessary to change and adjust that amount. They did take the easy route. They just moved that money over not to affect the bottom-line because those are projected budget numbers, and they knew that there was going to be a significant increase and change in the project. That’s the reason why it looks like they moved the money from one spot to the other because that’s exactly what they did.

Commissioner Lockhart stated she doesn’t want to leave the conversation like that because she thinks the implication is that they have done something inappropriate. Chairman Dallari stated there is nothing inappropriate about it. He just finds it interesting how he questioned one project for a significant dollar amount, staff removed it, but then it just got moved over to another line item. He doesn’t see enough documentation to warrant it.

Commissioner Lockhart advised she wants the record to reflect that no one is implying that there was anything nefarious or inappropriate that happened because of moving that number. It was a budget amendment.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute appropriate Resolution #2022-R-46 implementing Budget Amendment Request (BAR) #22-034, to revalidate the Water & Sewer Fund Capital Project list, including an interfund transfer in the amount of $854,039.00 from the Water & Sewer Operations Fund to the Water & Sewer Capital Fund, and a net increase of $2,409,654.00 to reserves. (2022-3290)

Under discussion, Commissioner Constantine confirmed with Mr. Abel if the project doesn’t cost that much, obviously that money will go back into the reserve. Commissioner Constantine clarified the only reason that they put the same amount is because it was the “easy way out.” Mr. Jecks answered that is correct. Commissioner Herr stated she looks at it a little bit differently from the perspective that they are constantly riding their team to move things along faster, quicker, deliver, execute, et cetera; and this was an opportunity to move a project and get it funded appropriately. She appreciates that. It is a budget amendment and not an expenditure. She thanked staff. Commissioner Zembower noted he thinks this is a typical accounting process in programming these projects. If they’re going to defund one or move money from one, it should be utilized to further the overall mission and program another one that may not be fully funded. He also thanked staff.

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

District 1 voted NAY.

Motion passed 4 – 1.

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

Item #27 – 2022-3291

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve Expenditure Approval Lists dated February 22, and March 1, 2022; Payroll Approval Lists dated February 17, and March 3, 2022; and BCC Official Minutes dated November 9, and December 14, 2021. (2022-3291)

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.

Clerk & Comptroller’s “Received and Filed” Documents

REGULAR AGENDA

Item #28 – (2022-3309)

Fern Park Floor & Décor/ Dustin Scaplo

Jeff Hopper, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum. Mr. Hopper noted staff recommends approval, and the Applicant is present if the Board has any questions.

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

Commissioner Constantine pointed out they are doing shared parking at the mixed-use project, and they are in phase one; but there seems to be a lot of parking. Normally, the multifamily is going to use the parking at different times than the commercial facility. He asked if they gave any thought to having as much non-concrete surface as possible. Mr. Hopper replied there would be shared parking, but he isn’t sure to the extent of changing the surface area if that is what the Commissioner is asking for. That is something that could be addressed during phase two. It’s something that would be looked at later. Commissioner Constantine stated it looks like there is an opportunity to have some non-invasive surfaces when they have a shared facility.

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to approve the Site Plan and Development Order for Floor & Décor, Fern Park, under the provisions of the Oxford Place Overlay District; Dustin Scaplo, Applicant.

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

Agenda Item #29 – 2022-3241

Code Enforcement Board Lien

241 Nova Drive/Kenneth Vitagliano

Patricia Hughes, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum. Chairman Dallari asked if the Applicant would like to speak, and Ms. Hughes advised the Applicant was not present.

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

Commissioner Herr inquired about the $250, and Ms. Hughes explained the reduced administrative fees under the Lien Amnesty Program are $250; it’s a $100 application fee, and that gets deducted off of the balance. So it’s $250 minus the $100 application fee. Commissioner Herr stated she thinks it warrants being put on the record as to why they would reduce a fee from $18,750 to $250 when they know $250 is not the administrative cost to the taxpayers in this county to carry the administrative burden for a decade. Ms. Hughes explained the total administrative costs were actually $536.66; but under the Lien Amnesty Program, they would be reduced to $250.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve a reduction to the Code Enforcement Board lien of $18,750.00, for Case #09-142-CEB, under the Code Enforcement Lien Amnesty Program, to the reduced Administrative Costs of $250.00, on the property located at 241 Nova Drive, Sanford, Tax Parcel #21-19-29-5UM-0000-0430, and require that this reduced amount be paid within thirty (30) days, or the lien will revert to the original amount of $18,750.00; and authorize the Chairman to execute the Release of Lien upon payment in full; Kenneth Vitagliano, Applicant.

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

Item #30 – 2022-3283

Mid-Year Budget Amendment Resolution

Tim Jecks, Resource Management, addressed the Board to present the request as outlined in the agenda memorandum (presentation received and filed).

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

Regarding the request for a mid-year salary adjustment, Commissioner Zembower asked how the salary study is going that is being done. Mr. Abel answered they are supposed to have a draft back at the end of April, first of May, with review and comments; and then they should have a final document by the first or middle part of May. Commissioner Zembower stated the purpose of that is to examine staff’s compensation to understand if they’re in market, both in the public and private sector, how that looks, and where they may need to do adjustments. Mr. Abel agreed. Commissioner Zembower asked what impact the $3 million has on FRS. Mr. Jecks answered FRS would go up because it is a percentage of salaries and is part of the $3 million. Commissioner Zembower asked what the projection is going out five or ten years on FRS with these adjustments. Mr. Jecks explained they sent out an updated forecast that includes this adjustment. Built into the forecast that was presented today is all of the line items in the general fund. They are forecasting increases in FRS alongside salary adjustments. Commissioner Zembower asked when was the last time they did mid-year salary adjustments, and Mr. Abel answered last year. Commissioner Zembower noted that was catch-up, retroactive from what they didn’t do. He asked for a mid-year adjustment to salaries, not withstanding the pandemic catch-up that they did. Mr. Abel said he doesn’t know; and Mr. Jecks added they’d have to look, but not in the last few years. Commissioner Zembower asked when they are anticipating reviewing salary compensations for the upcoming fiscal year. Mr. Abel replied that would be part of the conversation that they will be moving into with next year’s budget, which staff has started.

Commissioner Herr stated obviously this is in here for a reason, and asked why. Mr. Abel explained they are experiencing an inflation rate like they haven’t seen in many years. In January, they adjusted the Commissioner’s salaries to 7.81% based on the 12-month previous CPI. They did an adjustment to staff at 3% in October. Since the January adjustment, there has been a 0.08% increase to 7.9%, and that is projected to continue to go higher as they move forward. When they look at the individual items, (food - 7.9%, energy - 25%, gasoline - 37.9%, energy services - 12.3%) they aren’t getting ahead; they are getting behind in their salaries. Even with the adjustments that they hope to make after they do the compensation and salary adjustment, they are still woefully behind. They have 194 vacant positions in the County. They are posting positions that they can’t even get applicants for. If they can’t be competitive in their salaries, and they can’t keep people here, they are destined to fail. He advised this request is low; it probably should have been 4%, but 3% was a reasonable amount that gave a 6% overall. It was in-line with what the Commissioners received based on the CPI, and it seems fair and just to him that that would be a reasonable request.

Commissioner Herr asked if it is fair to say that when they have an open position, if it is critical and they have to fill it, they are filling it at a higher rate than the existing employee was getting paid; and Mr. Abel replied a much higher rate. He added in some cases approvals of 30% to 35% based on the base pay of that particular position. That’s based on market comparisons and experience. For approval, what they look at for every position is education, experience, qualifications, certifications, training, and licensures that allows him to be able to provide a pay commiserate and competitive with the market. Very few positions come in at starting level because they are underpaying at the current rates. Commissioner Herr stated she appreciates the notion that they’ve entertained a study, they are paying for a study, and they will review the study; but when they know they are this far behind, and the study comes back, they are just at a new starting point. This is a timing issue. It doesn’t cause it to go away. She asked if that was a fair assessment. Mr. Abel explained this is one step in a series of steps that he is going to request the Commission to consider over the course of the next two-to-three months as they go through the budget. The 3% adjustment was to help in some small way in an attempt to try to catch up. The salary compensation study will be the next step. The conversation during budget is going to be a $15 minimum wage starting in October and further adjustments to try to keep up with the CPI and cost of living moving forward in the next year. They blend that with the opportunity to find a way to begin a pay-for-performance program so that they can be competitive with those that are performing at the highest level moving forward in October. It is not a one stop and fix everything; it’s a one step in the process of trying to be competitive and stay in the market.

Commissioner Lockhart advised what she was going to say has just been synopsized beautifully so she’s not going to restate it. She stated she would like Mr. Jecks to address the unfunded actuarial liability that comes into play with FRS that makes it almost impossible to totally predict what the County’s liability there will be. She doesn’t want Mr. Jecks to be painted into a corner saying that he’s done this calculation, and everything is included, and then they get hit with the unfunded actuarial liability number, which he couldn’t possibly predict. She would like to give him an out. Mr. Jecks thanked the Commissioner for the opportunity. He explained this forecast is based on the actual expenditures that are recorded against their income statement, and they’ve grown it based on the percentage that Mr. Abel proposed for the raise. It is only an estimate; they are not the exact figures, and they are sort of growing those estimates into the future.

Chairman Dallari stated he agrees that there are issues that need to be addressed with staff’s salaries. He isn’t disagreeing with that at all. He thinks it needs to be a holistic move. He wished they would have discussed this in a work session instead of on the dais because he’d like to see more documentation about the things that were just explained to the Board. They’ve never done this before with a mid-year adjustment, and he’s concerned about doing it here and then continuing to piecemeal it. He wants to look at it holistically so they understand exactly what the ramifications of these actions would be. Looking at the General Fund Forecast graph, the red line and green line is his biggest concern right now. He would like to see how the salary adjustment study comes back. He wants to pay an honest rate, but he is having an issue with looking at it one item at a time without proper documentation. Those are his concerns.

Commissioner Zembower stated he doesn’t debate that there are some folks that need increases in the organization, and he thinks the compensation study should flesh that out. Since the day he became a Commissioner, he requested a vacancy report from HR and has requested one ever since. They’ve had at least three compensation studies, they’ve had adjustments; and here they are still talking about this. Under this premise, with inflation going up, if it continues to go up, it sounds like they’re going to be back here looking at another 3%, another 4%, another 5%, and another 6%. The Commissioner advised he would rather gather all the information and get the compensation study finalized. In the last four years, they have given their previous County Manager marching orders to be able to raise those salary compensation bands to get those positions filled; yet here they are, and they are not filled. He opined money is not always the motivation to bring employees; they need to look at flex time and all the other things that benefit employees. They can offer to the moon, and that may not be motivation enough for an employee. He wants to get this done once and for all and compensate their employees fairly and properly in the market. Moving forward, they should continue to do a compensation study to make sure they’re staying in market.

Commissioner Lockhart stated without employees, the County has no services to deliver. They are an employee-driven organization. She agrees that 3% is not going to be anywhere near the number that would be appropriate. All of those vacant positions are there most likely because they are not competitive; and frankly, even if they are bringing in new people, then they have the issue of compression because of the folks that have been here and are not getting the raises. It’s not just because of recruitment, it’s also retention; and they have to address that as well. She advised she will fully be supporting this item, and she looks forward to the next phase of a long-term plan to try to get this organization in alignment with where it needs to be. The Commissioners need to be very careful with the words that they choose when they speak about this topic publicly. She agrees speaking about it from the dais can be uncomfortable, but the message that they are sending to their employees and future employees needs to be very clear that they are valued and needed. They want to create an environment for employees that allows them to be able to put milk in their shopping cart and pay for it in addition to giving them flex time and other things as well. This is one piece of the pie; this is not the entire solution. This is a budget adjustment. This is getting them down the road to the right path. She thinks it’s important that they be very clear how much they value their current and perspective employees, and that they are doing what they can in incremental ways with the information they have to get them to the right place.

Commissioner Constantine stated he thinks they all respect, admire, and appreciate the work of their employees. This is a mid-year adjustment, and it is unique that they are doing it now. The State of Florida, in doing their budget, is giving the employees next fiscal year a 5.3+% increase. He thinks when they’re building their budget for FY22/23, they need to look very seriously at the compensation study and positions that are out of line. But to go across the board with every single employee at 3% right now is not prudent. They should increase the employees’ salaries, but it needs to be done during the fiscal year discussion with the results of the compensation study. If there are individual positions that need direct increases, he wouldn’t be opposed to that, whatever that increase may be. This is about being fiscally conservative; and, again, looking at the General Fund Forecast graph, in just 2024, the red line goes above the green line.

In regard to the General Fund Forecast graph, Commissioner Herr asked if the red and green lines were being driven by salaries or SunRail. Mr. Jecks answered SunRail is estimated at $14 million starting in FY25. Commissioner Herr pointed out that that is a different fix that she would say they need the most talented employees to figure out. She also pointed out that they are going to cost themselves more. They all talk about fiscal conservatism, and that means smart spending. The fact that they will end up having not done anything mid-year, potentially creating a bigger brain drain on this organization is only going to cost them more later when they start filling it. The first thing they have to do when they think that they’re a little bit behind the competition is to shore up the situation; and this is a move to shore up the situation, and keep their team here. She doesn’t think there is any question that they have anybody that is overpaid. She finds it very interesting that they’re holding the Interim County Manager responsible for the former County Manager not getting stuff done, and they continue to do that. She is going to support the item. She thinks not supporting it may feel like the fiscally conservative thing to do, but it may end up costing them more in the long run; and she would hate to see them do that.

Commissioner Zembower asked if they do the 3% salary adjustment now, what is the Interim County Manager’s anticipation of when they will be asked to increase wages for the next fiscal year. Mr. Abel answered they will know that question as they move through the budget process and as they get the information back from the compensation study they’re doing now. He explained the 3% and 3% that they had spoken about at the last meeting when they were looking into the future was the process of conversation. If this 3% fixes them better than the 3% and 3% in October, then they’ll adjust the 3% and 3% to what it needs to be. Again, this is a step-by-step process. They can put everything together and bring it back, but he can say right now that they don’t have the money to pay for it all at one time. They can either put $3 million into Reserve now, or they can invest it back into their employees; it’s just that simple. Commissioner Zembower asked if it could be a 3% and a 5%, or a 3% and a 2%, or a 3% and a 6%. Mr. Abel answered the request is going to be a 3% now and it’s going to be whatever the adjustment needs to be to be in market and to be in adjustment with inflation and the CPI so that they can continue to make their staff whole and move forward in a positive manner. Commissioner Zembower asked Mr. Abel to explain what he meant when he said, “they don’t have the money.” Mr. Abel explained one of the comments was made to go back and look at this holistically. They are trying to look at it holistically, but they’re trying to take it step-by-step. Step one is to make a mid-year adjustment to get them closer to being in the market. If they wait until October, they will continue to lose staff; and it will only cost more in October because they will only be further behind. Commissioner Zembower inquired if it is 3% now, and in October it’s another 3%, what is that number. Mr. Jecks asked if that was including Constitutional Officers, and Commissioner Zembower answered yes. Mr. Jecks replied the mid-year estimate, so half a year, is at about $1 million per percent; that would be $2 million for the full year per percent. That’s $6 million starting in FY23. If they’re saying they want the compounded amount, it would be another half a percent.

Commissioner Zembower asked the Interim County Manager if he is advocating that if between now and October inflation goes to 15%, they should raise 3% now and 12% then. Mr. Abel answered he is advocating for making sure that they can keep staff. They don’t have to do any raises, and they can continue to lose staff; and then they can start cutting services. He is trying to be realistic. It is hard to bring a message to the Board that says they have to spend money that they don’t want to spend. Commissioner Zembower asked his question again. Mr. Abel answered he doesn’t know what that number is going to be. They are going to have to move in that direction, whatever that direction is.

County Attorney Bryant Applegate stated also in this item is a request for a new entry-level position in his office. He discussed competition and staff’s workload. He advised if the Board approves the position, it will bring his office back to the original number of staff members that were there when he started to work at the County. For several years, he was down three lawyers with the lawyers in his office working very hard to keep up the pace. He respectfully requested that regardless of what they do with the items they are talking about, that they approve the additional lawyer at the entry-level position. Chairman Dallari thanked Mr. Applegate.

Commissioner Herr advised she wants to be really clear because there was a little bit of a misinterpretation of the expectation. She thinks what she is hearing is that if inflation comes back at 12%, and they do 3% now, they aren’t doing 9% later because that math doesn’t work. She doesn’t think that is what Mr. Abel is presenting, and he has said that is not what he’s presenting or anticipates to be presenting. At that point, she thinks they would be discussing what services they were cutting. If they are not at market, and they can’t get positions filled, then the job doesn’t get done. She appreciates the notion that this has never been done, but they are living in unprecedented times. In this lifetime, they have not been on the precipice of war the way they are now. This is different. They have to behave differently and that starts on the dais.

Commissioner Zembower stated he heard that this was being driven because of inflation, costs, and vacancies. He will not be supporting this. He opined it does not make good business sense. There is no question that there are people that need increases, that they need to retain people, and that they need to lure good employees to the County. From a business perspective, he will not make a decision based on lack of information. He’s happy to look at this and consider it with the compensation study. If that compensation study comes back and says there are certain positions that are not being market-funded to the tune of 20%, so be it. He is happy to approve that. But he is not going to sit here and take an arbitrary 3% which he would argue is going to do little to nothing to help the employees if they’re chasing inflation. He reiterated he will not be supporting this item. He looks forward to the compensation study, which he will gladly support if there is enough information to vet it.

Commissioner Lockhart pointed out this includes the Constitutional Officers. She thinks it would be very important that the Board gets their feedback. She is uncomfortable not knowing the situations that they are in, in terms of mid-year. She is very concerned that they are not taking input from the other executives that run very significant and important parts of the county involving law enforcement and the judiciary. Commissioner Zembower stated to Commissioner Lockhart’s point, during the budget season is when they typically hear from those individuals who should weigh-in and provide their budgeted increases for the upcoming fiscal year. Commissioner Lockhart requested Chief Lisa Spriggs, Seminole County Sheriff’s Office Administrative Services, to address the Board on the topic on behalf of the Sheriff.

Chief Spriggs stated they are experiencing a lot of the same things that they have already discussed. They have made a lot of headway with regard to their sworn and certified officers, but they have continually looked at bumping the minimums up. They have fallen behind, and inflation is compounding that a little bit. Half of their 1,400 employees are civilian employees, and they still have a large portion who are not even at $15 an hour. They are very supportive of doing something as a first step. They are working hard on their budget right now, and they will submit that to the Board May 1. They are reviewing compensation, so whether that is done currently or part of that discussion, it’ll be presented to the Board. Regarding a salary adjustment, they were hoping to really scale it to the lower or hourly employees, those that have a little bit less discretionary money to be able to absorb some of the inflationary impact. As far as vacancies, they continually fill and lose good employees to higher paid positions. The market right now is very competitive. She knows the Board thinks of her office as mostly the law enforcement side, but they employ nurses and other skilled labor; and they are very challenged right now to find and fill those positions. It is costing the Sheriff’s Office because they are looking to contracted labor in those areas. Her office is supportive of the employees who do the work day-to-day. They are supportive of adjustments, and it is vested with the Board as to the timing of that; but her office will definitely be having those discussion with the Board.

Commissioner Constantine stated this is not about the quality or the need and desire to ensure that their employees are well compensated and satisfied in their job. He discussed the Great Recession. The Commissioner noted there are a lot of reasons that people stay in things, and whatever this County does, another government will do. Job security is one of the Board’s responsibilities. He wants the County to have a positive compensation, but he wants to do it holistically at the time they do the budget. He thinks if they are going to do anything now, they should ensure that every single one of their employees is making a livable wage and making at least $15 an hour. He doesn’t know how many employees that would cover, but he would be the first one to say that is what they should do first and foremost; raise whatever level that they have for all of their employees, whether they are the employees of the Constitutional Officers or the County’s, to $15 an hour. That is something he would agree to immediately. Commissioner Constantine advised they should have done this in a work session. This is not the place to discuss this. At the last meeting when they talked about this, some of the Commissioners brought up a concern about a 3% across the board. He reiterated they should increase any employee right now that is not meeting that minimum wage of $15 an hour to that. If they need certain positions filled up, they need to have a work session on that and talk about it. He believes that they have to approve the County Attorney’s request because that has been justified. He also believes that right now the mid-year adjustment dollars should be put back into the reserve, and they can discuss that at the budget discussions.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute a Resolution, implementing the FY2021/22 Mid-Year Budget Amendment (BAR) #22-035, to adjust the Countywide fund balances and associated revenues in the amount of $24,890,899.05 as presented with a change to the mid-year salary adjustment to be put into reserves and brought back at a later time where they have the information for reconsideration.

Under discussion, Chairman Dallari asked for clarification that the money is not being spent, it is just being earmarked; and Commissioner Herr stated that is correct. Chairman Dallari stated he believes that the commitment to the Fire Fund of $2.5 million needs to be approved in this budget item. Commissioner Herr clarified her motion was to approve the BAR as presented with the exception of the mid-year salary adjustment; and with the mid-year salary adjustment, they move the $3 million to be earmarked for future salary adjustments. Commissioner Lockhart confirmed that is what she seconded.

Districts 4 and 5 voted AYE.

Districts 1, 2, and 3 voted NAY.

Motion failed 2 - 3.

Commissioner Constantine stated he believes Commissioner Herr is close to what he would support. He doesn’t want to earmark that money for salary adjustments. He wants the Board to come back and discuss that; and if there are dollars that they need to take out of the adjustments, he could be supportive of that. He just doesn’t want to earmark it directly.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute appropriate Resolution #2022-R-49, implementing the FY2021/22 Mid-Year Budget Amendment (BAR) #22-035, to adjust the Countywide fund balances and associated revenues in the amount of $24,890,899.05 as presented except for the mid-year 3% employee salary adjustments, but continue discussion regarding salary adjustments in a work session to see what salary adjustments may need to be done either individually or collectively.

Under discussion, Commissioner Herr asked for clarification. She thinks she heard that they are approving the BAR as it is presented with the exception of the mid-year salary adjustment to be brought back at a work session somewhere between now and the budgeting process. Commissioner Constantine replied yes. Chairman Dallari asked for confirmation that at the last budget approval in September, they moved the bottom pay-scale band up to $14 an hour, and Mr. Jecks confirmed that they did move it to $14 from $10.65.

Chairman Dallari asked Commissioner Constantine to repeat his motion for clarification.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute appropriate Resolution #2022-R-49, implementing the FY2021/22 Mid-Year Budget Amendment (BAR) #22-035, to adjust the Countywide fund balances and associated revenues in the amount of $24,890,899.05 as presented with the exception of the 3% across the board salary adjustment, which can be brought back to discuss either with individual or collective adjustments at a future work session before the final budget meeting.

Commissioner Zembower confirmed with Mr. Abel that he will have the compensation study completed by May.

Commissioner Herr offered a friendly amendment to move any employee below $15 per an hour up to $15 per hour now for a mid-year salary adjustment. Commissioner Constantine amended his motion to include anyone making below $15 per hour right now will be moved up to $15 per hour. The seconder agreed.

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

COUNTY MANAGER AND STAFF BRIEFINGS

No briefing.

COUNTY ATTORNEY’S BRIEFING

Mr. Applegate reported on the retention process for the County Manager search. He talked to Mr. Slavin, Slavin Management Consultants; and he agrees that a meet-and-greet with senior staff and the finalists is a good idea. He spoke with Mr. Abel, and they are going to ask Assistant County Manager Meloney Koontz to help the County Attorney’s Office coordinate some type of meet-and-greet. They will report to the Board before then to make sure that it is a format that the Commission is comfortable with. Mr. Applegate advised there will be no ranking or voting; it will simply be a meet-and-greet.

Commissioner Herr stated she is going to continue to ask for the process to be spelled out a little more as to how the finalists get handed over and who is meeting and greeting. That needs to be spelled out so they aren’t surprised. Mr. Applegate replied that is why he will report back and discuss that at length with the Board.

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Chairman Dallari asked if there was any objection to reconvene at 2:00 p.m., and there were objections. Chairman Dallari announced they will reconvene at 1:30 p.m.

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Chairman Dallari recessed the meeting at 11:50 a.m.; reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of County Attorney Bryant Applegate who was replaced by Deputy County Attorney Paul Chipok, and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Zembower, 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, 2, 3, 4, and 5 voted AYE.

PUBLIC HEARINGS QUASI-JUDICIAL

Item #31 – 2022-3239

Druid Road Right-of-Way Vacate

Joy Giles, Planning and Development, addressed the Board to advise that staff is requesting a continuance to the April 12^th BCC meeting.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to continue to April 12, 2022 at 1:30 p.m., or as soon thereafter as possible, the request to adopt an Ordinance 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.

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

Commissioner Constantine noted this is in his district and questioned why they are requesting the continuance. Ms. Giles explained that Public Works staff requested the continuance because they would like to further evaluate the comparison between the sketch and description provided and the pavement on the ground.

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

Item #32 – 2022-3258

Ordinance Amending Chapter 40, Seminole County Code

Rebecca Hammock, Development Services Director, addressed the Board to present the request for proposed amendments to Chapter 40, Building and Construction, of the Seminole County Code. She noted this is to replace the well contracting representative on the County’s Contracting Licensing Board with a licensed contractor of any discipline, and to delete Article I and Article II related to Wells and Pumping, Part 8 of Chapter 40. These changes are due to changes in Florida Statutes which transfer the authority for well permitting from local jurisdictions to the State of Florida Water Management Districts. Staff recommends adoption of the Ordinance.

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 adopt Ordinance #2022-6 amending Chapter 40 (Building and Construction) of the Seminole County Code amending Part 2 (Contractor Licensing); amending Section 40.16 (Generally) to replace the Well Drilling Contractor representative with a Licensed Contractor of any discipline; and amending Part 8 (Wells and Pumps) by deleting Article I (Generally) and Article II (Permits and Inspections) in their entirety.

Commissioner Constantine wondered which Commissioner was responsible for that appointment, and Ms. Hammock responded she would find out and get back to him.

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

Commissioner Lockhart stated she had a discussion with one of her appointees to the Contractors Licensing Board that they have found there may be value in having a minimum requirement to meet annually as a board, even if they do not have specific business before them, to at least go over what their roles and responsibilities are, any updates in state statute over that period of time, and maybe even to talk a little bit about Sunshine Law. Some of them do not even know all the members they are serving with because they do not meet.

Chairman Dallari suggested they have staff and the attorneys look into that together to see if they should amend the Code to at least meet once per year. The Board voiced no objections.

Commissioner Lockhart commented they may want to look at that for all of their boards, to which Commissioner Constantine agreed. Chairman Dallari noted that it was a good suggestion.

COUNTY MANAGER’S REPORT

No report.

COUNTY ATTORNEY’S REPORT

No report.

DISTRICT COMMISSIONERS’ REPORTS

District 4

Commissioner Lockhart reported she participated in the 4-H Annual “Thank You” for all of those that support them throughout the year. She gave a shout out to Seminole County 4-H and all the great things that they do. She also spoke to some staff at the Extension Office and shared with them how much they appreciate the things that the Extension Office (including those with 4-H and the University of Florida) does and the services they offer and the value they bring to citizens in the community. Commissioner Lockhart stated she would love to have a presentation from them to share, not only for the Commissioner, but for the general public all of the offerings that are there through that program.

Commissioner Lockhart advised she will be attending the Central Florida Commission on Homelessness and noted there are some interesting updates regarding federal funding that they need to keep a really close eye on with that organization, and that also includes Homeless Services Network (HSN). The funding that they have been relying on for quite some time to serve families is going away and there are some monies from the Bezos Foundation that they will be able to use to continue to serve families, but local governments or others are going to have to figure out how they are going to backfill some of these federal funds that are disappearing to serve their individuals. She asked that the Board keep that on their radar as people come to talk about distribution of ARPA funds.

District 3

Commissioner Constantine indicated the public hearing on the Big and Little Econlockhatchee Basin happened on March 9^th and it was a pretty robust crowd at the Canterbury Retreat. He noted that has not been done in a long time, but that will be coming back for them to take a look at it.

Commissioner Constantine stated they had the Central Florida Expressway Authority meeting today. The two things that affect the County directly are the 414 and the expressway with the Airport.

The Seminole County Historical Society held an event called “A Night with the Notorious Nine” that he and Commissioner Zembower attended. He felt it was a novel idea and really a lot of fun. He noted it was well attended and will benefit the Bill Nygren Buggy Collection (Museum of Seminole County History).

The Commissioner reported he also attended an event for the Florida House at former Congressman Mica’s home which was also well attended.

Commissioner Constantine attended the Regional Planning Council’s meeting at the Brevard Zoo. He noted it is a nationally renowned park and they are also putting in a water park and an aquarium.

Commissioner Constantine spoke at the Lifeboat project to stop human trafficking held at the Amway Center which raised a great deal of money for that organization.

District 2

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to appoint Kathryn Townsend to the Code Enforcement Board effective immediately for a term of three years.

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

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Commissioner Zembower displayed photos (received and filed) and thanked volunteers from the World Mission Society Church of God. They spent a day going through the 426 corridor and picking up mountains of trash and roadside debris. It was a great event and well attended.

Commissioner Zembower reported the Central Florida Zoo hired a new CEO who starts in April. Also, this is the time of the year when the Tourism Development Council (TDC) will meet and make determinations where funding will go. He suspects the Zoo will come forth next month to make their request as they typically do.

Commissioner Zembower said that he and Commissioner Lockhart met with the Coalition Against Bigger Trucks (CABT). He believes this will be a federally mandated issue as well as a state issue. It basically has to do with larger trucks not being permitted on secondary roadways and the possibility of raising the bridge weights on interstate highways. That will be a legislative-type issue that he does not know that they locally can dictate other than their own roadways.

Commissioner Zembower advised in connection with the Orlando Sanford International Airport that there is a new Allegiant flight to Las Vegas. And they are already flying to Key West for $49.00. He noted that is not a bad deal to get to Las Vegas. The passenger count is still below the 2019 level, although it is slightly inching up. They have also landed another Charter that will be coming from Spain.

Commissioner Zembower is looking for a replacement to appoint someone to the Seminole County Historical Commission and asked that they let him know of anyone interested that could attend 3:00 p.m. meetings.

Commissioner Zembower said they have been talking a lot about the Master Plan with their water issues. It has come to his attention that Parkstone HOA now is going to be awarded a CUP (Consumptive Use Permit) of over one million gallons a day. This is a CUP that existed for the City of Winter Springs and the City has decided they no longer want it. He thinks it would be wise to look at that and make a determination whether they want to include that in their long-term water strategy. He said he would be happy to get with staff and let them know that St. Johns Water Management (SJRWMD) is involved. Basically, there is over a million gallons a day just coming up out of the ground and running through a culvert into a settling pond and then into Lake Jesup at this point. Chairman Dallari asked the Interim County Manager what the appropriate next step would be. Mr. Abel responded that he will get with staff and have them get in touch with Commissioner Zembower to get the information to be able to work that moving forward.

Commissioner Zembower mentioned there was a criminal event that occurred in the City of Sanford where there were 14 dogs that were recovered that Animal Services had to take in that were abused and not well cared for. In looking at the Ordinance, he is concerned about the registration requirement and the lack of registration they are actually doing in the county under the Ordinance. They are around 20% in compliance at this time. In this case, as well as with a case they had during the pandemic when a pit bull attacked a smaller dog at a commercial enterprise when someone went to visit the business, and the adjoining dog next door got out and attacked the woman and the dog. None of these dogs were ever registered and that poses a problem, in his opinion, for law enforcement, not knowing what they may encounter when they go to a certain address. There is a company that has been doing a pet registry for Brevard County which does not take any staff time, and he would like to ask staff to consider looking into that and let them know if that is something that may be beneficial or not. He thinks they should either amend the Ordinance where they do not require registry or they actually enforce the registry itself.

Commissioner Zembower reported the AHAC (Affordable Housing Advisory Committee) met this week and they are finalizing the Affordable Local Housing Assistance Plan renewal that is due in May of 2022. In the SHIP program (State Housing Initiatives Partnership), Seminole County for fiscal year 2022-2023 is on slate for $4,919,935 through that SHIP program. He thanked AHAC and the County Attorney’s Office for some of the opinions related to waiving impact fees as well as infrastructure dollars that they may be able to use for affordable housing.

District 5

Commissioner Herr stated with regard to the Animal Ordinance, she has been working fairly aggressively, as they all know since she was elected, with regard to that, and there is something in there that will talk about the number of animals that one home has and a different type of registration so that there can be inspections. Some of what Commissioner Zembower described will be covered by that, but compliance is still an issue.

Commissioner Herr pointed out with regard to the larger trucks, she will be bringing back a request to put “No Trucks” signs on some of the roads in her district, and she noted they have had that discussion before, but they continue to say that they want to wait until the SR 46 traffic dies down post construction, etc. And as they are starting to think about larger trucks and all the rest of this, they still have areas in her district that she believes are less safe than they could be because they have trucks using collector roads; they are local roads with residents that live on them and it is just dicey.

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Motion by Commissioner Herr, seconded by Commissioner Lockhart, to appoint Michelle Simoneaux to the Sanford Community Redevelopment Agency (CRA) board.

Commissioner Herr stated she will be filling a position that was left vacant by the unfortunate passing of Paul Osbourne. She noted Ms. Simoneaux is the owner of the Colonial Room Restaurant in Sanford.

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

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Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute appropriate Resolution #2022-R-50 in appreciation of Steven Coover, P.A. for his service as the attorney to the Seminole County Port Authority (SCOPA).

Commissioner Herr noted Mr. Coover has been doing this for a very long time and has certainly not been charging market rate, so they will see a difference there. She added Mr. Coover’s service has been impeccable.

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

District 4 (Continued)

Commissioner Lockhart commented that trucks are just a hot topic of conversation all the way around, so if there is consensus among the Board, she would like to invite Alix Miller as the President and CEO of the Florida Trucking Association to come and present when it is convenient for this Board and for him. There are a lot of opinions from this Board, but she feels it would be great to have someone who is an expert in the field and the President and CEO of that statewide organization to come and present. The Board voiced no objection, and Chairman Dallari stated they can reach out to him to see when his schedule permits.

“Tee It Up Together” is a first-time-ever golfing joint fundraiser between the Foundation for Seminole County Public Schools and the Foundation for Seminole State College. Both organizations, every year, do a golf fundraiser and both sell a ton of foursomes and both run the risk of rainouts, and they both serve the same purpose and have very interlocking, adjoining missions. They have decided to do a fundraiser together at Top Golf in Lake Mary. That will be held on April 4^th and they have already figured out how those funds will be distributed equitably between the two organizations. It will be a lot of fun and involve a lot of people and include those who maybe are not serious golfers who have maybe shied away before from being a part of foursome at one of their fabulous courses in Seminole County.

Commissioner Lockhart stated she wanted to give an update on the East Central Florida Planning Council’s (ECFPC) executive director search. The executive committee did hire Tara McCue who has been an employee of the Planning Council for 19 years and she is a Seminole County resident. Commissioner Lockhart opined she is a delight and if the board members have not yet had an opportunity to meet her, she recommends they set up a time to have a meet-and-greet with her. She is really interested in a collaborative approach to all of the things they deal with regionally and all of the other organizations that tend to have great crossover goals and purposes.

Also, the Planning Council hosted a Business Resiliency workshop that was held via Zoom. Many joined in real time but it was also recorded for any business folks out there who want to either hear for the first time or maybe get a brush up on how to plan for the unfortunate event of either a natural disaster or a manmade disaster or things that they just cannot predict. They know that they need to get their businesses up and running in their communities as quickly as possible when there are tragedies. She thanked Alan Harris, Emergency Management, who was one of the panelists for that. It was hosted by Seminole County and they were partnered with the Planning Council to put that on. She noted they can find that Zoom link on the Planning Council’s website. She suggested that they should also have that put on the County’s website if it is not already there to share with the business community.

Commissioner Lockhart announced there is a new sushi eatery in Longwood called Ma-Se and it was absolutely wonderful to be with a young family who is following their dream of opening up a restaurant in their community and they chose Longwood. She gave the City of Longwood a shout out; when a new business comes to their city, to their Clerk’s Office to pay their business tax receipt, they offer them the opportunity to have a ribbon cutting. The City coordinates it and hosts it and the Clerk of the City of Longwood actually goes and gets the balloons and brings the scissors and the ribbon. She said it is just a wonderful perk for small businesses that are wanting to open up in their community to have these ribbon cuttings and get a little free press.

Chairman’s Report/District 1

Chairman Dallari reported the Taste of Oviedo is scheduled for March 26^th and will be held at the Oviedo Mall.

Chairman Dallari said he had been receiving quite a bit of emails about solid waste. He would like to have the Board updated so they can understand exactly what is happening. Mr. Abel advised he met with the residential haulers yesterday afternoon and they are making progress moving forward with that. He will be following up and having conversations about the interlocal agreements with the cities and they will be having conversations with the commercial haulers in the next couple of weeks. Everyone seems to be experiencing very similar challenges in getting equipment, getting and keeping staff, and they are just trying to work through that right now to see how they can all work together in partnership.

Commissioner Lockhart stated that in talking with Tim Dolan from Waste Pro that one of the things that he was very adamant that the County needed to do, because they are in partnership together, is that they need to start paying more because they cannot get employees. They have raised their rates on their end. He shared with her what they are paying because they saw the prices coming and experienced the crisis, and then in their partnership on the other end of that when the trash is actually picked up by a hauler who is now being paid significantly more, the County does not necessarily have the employee at the transfer station to help move that trash along. One of the significant factors that someone from the private sector in their area of expertise has shared with her is that, frankly, the County does not pay enough and they need to fix it soon, in fact, yesterday. It is wonderful that they are saying that they are addressing the problem, but they really need to address the problem in the manner in which they have been told it needs to be fixed.

Commissioner Herr opined that part of that should include how many vacancies they have had over the period of time because it is playing into the situation. They are diverting the trucks because they cannot move the trash.

Chairman Dallari distributed information about upcoming meetings (received and filed). He noted that on April 19^th, they will have a Land Development Code work session and on June 14^th, they will have a regular BCC meeting in the morning and then at 12:30 p.m. they will hold the EAR (Evaluation Appraisal Report) Visioning Retreat in Room 3024.

Chairman Dallari stated that about a month ago they talked about CM at Risk and he wants to make sure everyone was updated. Mr. Abel advised they had been, and Chairman Dallari wanted to know the direction they wanted to go on with CM at Risk. He feels if they are renovating an existing facility, CM at Risk is the right way to go. He is talking about the Courthouse (CJC) and he does not believe it is too late to do that. He believes that will help future items from not coming up. When they talk about renovation, he believes CM at Risk is the appropriate way of doing it.

Commissioner Zembower said he does not disagree at all. It is his understanding that this may be because of a time constraint from a purchasing perspective and may be where the delay or concern would be. He confirmed with Mr. Abel that that was correct. He said then he thinks they should probably be asking the County Attorney and the Purchasing folks to weigh in on that if there is a way to fast track it or not fast track it.

Commissioner Lockhart said she was briefed and she still feels very comfortable with staff’s original recommendation and believes it will bring competition to the process that they would not otherwise have.

Commissioner Herr stated she is in a similar category and would also tell them that she thinks it will not only limit competition, but she also thinks the timing of switching gears just does not feel right. The possibility of delays, on top of the timing of it, on top of restricting competition or even the appearance of restricting competition is just untenable for her.

Commissioner Constantine expressed that he believes that maybe from the beginning the CM at Risk would have been the right thing, but without going into the specifics, he thinks the timing right now would not be conducive. Chairman Dallari said that he wanted to have that conversation and they can now put it to bed.

Chairman Dallari stated on that same vein, he did get an email from the Clerk of the Court and there are some issues with floor plan changes and he wanted to make sure that the judges’ issues are being addressed as well as Mr. Maloy’s. Mr. Abel explained he has a meeting with Mr. Maloy on Thursday morning and then a meeting with him and the judges and staff and the consultants on Thursday afternoon to sort through requests and options, so they can bring something back to the Board for further consideration. They are up to three new courtrooms being requested and they need to sort through the impacts on the Clerk’s space plus expansion of the building.

Commissioner Zembower stated the optics appear to him that this is an ever-moving target. They hired a company to do a Needs and Space Study, and in fact, they spent $1.4 million to do that on a $900,000 competitively bid contract because there were change orders that added another $600,000 to it. When that was done, it was handed over to architects to review; all the stakeholders were involved in the decision-making process. It was his understanding that everybody was included and everybody was in agreement, and then there were some subtle changes, which he gets, but it seems like no matter what they have done, and this began when he came on this Board almost four years ago, for whatever unknown reasons, after paying the $1.4 million after having stakeholders’ meetings, after the interactions supposedly were happening, now they sit with this continually changing. He would like them to see some way to arrive at a finality of an agreement. Now they want to add three courtrooms with additional costs, so did their space study miss that. What happened. They spent $1.4 million of taxpayers’ dollars to arrive at what their needs were, including those stakeholders, and now they are hearing they need three more courtrooms and they may need some other ancillary things. He would just like a drill down and understanding where they believe all this went wrong so that they can hopefully in the future not expend taxpayers’ dollars that don’t resolve in a viable outcome.

Commissioner Lockhart said her feedback, as one commissioner, is her priority for that building, is that it is a citizens’ building and they are the ones that are using it, whether they are there to conduct business with the Clerk or they are there because they are conducting business with the Judiciary, or whatever their purpose for being in that building is. She has heard some highlights with some of the concerns, so she will publicly share what her feedback is and maybe this will help with their conversation with Judge Recksiedler. The citizens entering that building need to be able to conduct their business without having to leave bread crumbs to get somewhere else in the building to conduct their business. She thinks she has also heard feedback that from a safety and security perspective, Law Enforcement would like to keep that as close to the front as possible, as well. She visited the building on numerous occasions, whether it was serving on the Juvenile Justice Advisory Board meetings or being there at different times of the day for different reasons, and it does not seem like it is a well-used, busy building now all the time. She would like to have a better perspective of the use of the existing courtrooms and how they are being utilized now. She knows the pandemic has changed some things and maybe some judges are doing a lot of things online now. She needs to understand how they are doing their jobs so she can get a better sense of whether three additional courtrooms is a reasonable request. She would also like to know what some of the other judges think because she wants to make sure that the feedback they are getting includes all of their input and it is not just one person’s thought process.

Commissioner Lockhart added the other thing that is imperative, because they get people there at different times of the day, is you have to have a place where they can get a snack. The only snack availability, from the latest drawings she has looked at, is for folks who are serving jury duty, but there are other people who might want to be able to have access to some snacks. She thinks that is important to have available for the citizens who are going there. She is not wanting to tell the judges how to schedule their courtrooms or how to do their jobs, but she would like to have an understanding of the current utilization of the space.

Chairman Dallari asked Mr. Maloy if he had any comments. Grant Maloy, Clerk of the Circuit Court and Comptroller, stated the Clerk’s Office is kind of the heartbeat of the courthouse and what they have now works well for the citizens. You can walk into the courthouse, and most of your business is done in the Clerk’s Office, and it is located on the left immediately after security. In comparison to other courthouses like Osceola or Volusia, it is difficult to find the Clerk’s Office to do business; they even have employees to just give out information to guide you around the courthouse. He talked about the advantage of having security close by.

COMMUNICATIONS AND/OR REPORTS

1. Letter dated March 2, 2022, from James Stansbury, Chief Bureau of Community Planning and Growth, Florida Department of Economic Opportunity, regarding its review of the comp plan amendment adopted by Seminole County by Ordinance No. 2022-3 on January 11, 2022.

2. Letter dated March 3, 2022, from Kevin Corvin, Regional Planning Administrator, Planning and Growth, Florida Department of Economic Opportunity, regarding its review of the proposed comp plan amendment, Amendment No. 2022-3 received on February 1, 2022.

3. Letter dated March 15, 2022, from Cathy LoTempio, Deputy City Clerk, City of Sanford, regarding Notice for Ordinance No. 2020-4678, annexing 0.24 acres between Harrison Street and West 19^th Street, and Tangerine Avenue and Roosevelt Avenue.

4. Letter dated March 15, 2022, from Cathy LoTempio, Deputy City Clerk, City of Sanford, regarding Notice for Ordinance No. 2020-4679, annexing 0.92 acres between Wylly Avenue and Lemon Street, and Grandview Avenue and Sanford Avenue.

PUBLIC COMMENT ON ITEMS NOT RELATED TO THE AGENDA

Maria Ramirez addressed the Board to discuss drainage issues for several years near her home in Oviedo. Construction is exacerbating the issue because they are building at a higher elevation. Chairman Dallari stated he knows that Public Works staff is looking into this. On the west side of Boland Drive, there is a series of lock ditches and on the east side is a pipe system. He thinks it is important for staff to finish those surveys so they can get the water flowing from north to south. He referred to the development on the west side of Boland Drive, the Wash ‘n Go and a doctor’s office and noted since it is straight zoning, the Board is not seeing any of this. Rebecca Hammock, Development Services Director, addressed the Board to answer questions and advised there is a strip of properties along Alafaya which are zoned C-2 (General Commercial) and they have been zoned that way since the County adopted its zoning map. There are homes on the back side of Boland, but the homes front Boland, so they are actually facing the back of the commercial properties that are along Alafaya. Because those properties have straight zoning of C-2, if they develop in accordance with the allowable zoning district, they just come in for site plan review, which is done at an administrative level through the Development Review Committee (DRC). Chairman Dallari confirmed that Planning and Public Works staff are working together to try to fix the stormwater problems on that road. Ms. Hammock noted that Bill White from her staff along with Public Works staff has been working with the residents as well to try and address the issues. Photos from August of 2018 submitted by Ms. Ramirez were received and filed.

Steve Gerwig addressed the Board in connection with the same issues on Boland Drive. Drawings and photos displayed were received and filed. He noted he has been fighting this for 30 years to try to get them to do exactly what is in the code. He added they are raising the lot four feet but they are not planning to raise the wall. He also addressed concerns about the trucks, dumpsters and the lack of a buffer system. Chairman Dallari asked staff to look at it again and report back to the Board. Deputy County Attorney Paul Chipok responded to Commissioner Zembower’s questions about buffers.

John Hovey addressed the Board to speak about the problems with the noise level of the newly built Wash ‘n Go and the noise ordinance. He advised the Sheriff’s Department tested seven locations on Boland Drive and there were seven failed tests and seven warnings issued because it was so loud. He noted this is C-2 zoning and they have allowed a fully automated car wash to be built there.

Commissioner Lockhart noted this is in Chairman Dallari’s district, but this is the first time she has been made aware of this issue. She stated they have scenarios with car washes in C-2 zoning backed up to residential all over this county. She asked if this is a unique situation with the proximity of the car wash operating this close to residential homes. Ms. Hammock said it is unique in the sense that they don’t often see it where the homes are facing the commercial properties. In this case, the situation was that it was under construction and the residents in the area had said they were doing some testing with the vacuums or the blowers of the car wash and they had some complaints about the noise, so it was done through the Code Enforcement process where the Sheriff’s Office went out there and did the testing and that failed. County staff then spoke with the applicant who then put in sound attenuation measures to try and lessen the noise. Once those were in place, they were supposed to reschedule the sound tests. The applicant was coordinating directly with the Sheriff’s Office with the assistance of Annie Sillaway in Planning. Paul Chipok advised that C-2 does allow car washes, but in the site planning process, it does reference that they have to meet the other standards in the Land Development Code, including the performance standards. One of the performance standards does reference the noise ordinance. So, the chain of regulation is already in place. Prospectively at the DRC just last week, they had another car wash come through, and in no uncertain terms, they were told they have to meet the performance standards.

Chairman Dallari advised they have been working with some for a long time on this, and the big issues have been drainage and buffers. In the last month and a half, it has been about the noise ordinance. He said that one of the residents contacted him and he could not hear them on the phone because the air dryers were running at the car wash, which he found shocking. They met with staff and had them review the noise ordinance and the performance standards. So, there were some assurances that they would have to adhere to the ordinance and there would be protection for the residents. At that time, they agreed that the residents would be notified and would be able to witness the testing. Chairman Dallari was not aware that the testing was going to take place today.

Ms. Hammock indicated the County has unpaved right-of-way on Boland and they also looked to see if they could plant trees along Boland to try and help buffer the residents. Unfortunately, they cannot plant there because of the drainage ditch, but the County, through their Arbor Trust Fund, did plant additional trees behind the car wash to even further help buffer. In terms of the timing of the sound test, the applicant had the code violation, and it is up to them to reschedule to have it retested to see if they are in compliance.

Commissioner Herr talked about the noise testing and their capability versus their incapability, and she would personally like someone from the Sheriff’s Office here to tell them about their capabilities with noise testing. They either have to find a different solution or improve their capabilities. She also mentioned the wall being a buffer and which side of the wall are they measuring; she has had that in her district where it was supposed to be a four- or five-foot wall, and it is from the side of the subdivision that got put smack up against the other neighbors, but on their side, it is a three-foot wall. There are new rules that say they have to build up now, which creates this dynamic. She thinks they need to get a handle on this, either in their code or in their practice, about the height of the wall has to be for the people that are being buffered, not the buffering. Ms. Hammock explained that it is currently measured from grade on the property on which it is located. A lot of times that grade is higher because of stormwater requirements that may be newer than the adjacent development.

Commissioner Constantine mentioned he is seeing in the real estate industry that these car washes are popping up all over the place and they are not small; they are super washes. They need to look at the Land Development Code to make sure that they are addressing the noise moving forward, even before they get approved.

Chairman Dallari asked whether they had the results of today’s testing. Annie Sillaway, Planning and Development, addressed the Board and advised she was in contact with the owner of the Wash ‘n Go, and the Sheriff’s Office went out there earlier today to do an ambient test. She asked them to let her know what that is, and they tested before the car wash was turned on for ambient noise, and the readings came back high but she did not get a specific number. She has reached out to them several times and was told then the testing was going to be done at 1:00 p.m., but she has not heard what the results were.

Commissioner Constantine commented they should be looking at this issue moving forward. Ms. Hammock stated for the recent one that just came through DRC, when they brought the noise issue to their attention at the meeting, they said they can give them the design engineering information to show them what the sound levels will be, so they voluntarily said they would provide the information to show they are in compliance with the performance standards. She does not believe the site plan checklist, which states what needs to be submitted with the site plan, requires that. She noted if that is something the Board would like them to look at, they would have to amend the site plan section of the code. Commissioners Zembower and Constantine both agreed they should do that.

Upon inquiry by Chairman Dallari, Ms. Hammock responded that right now they already have provisions in the code for lighting where people do have to submit a photometric plan, but they do know now based on recent history that that is enough. So, staff has proposed changes that are going to be before the Board at the work session in April.

George Sellery addressed the Board stating that going back to the beginning, the County had a key strategic priority that he pulled off the website, “Growth Management – Effectively manage growth to ensure that development occurs in a responsible and sustainable manner that also supports population growth and maintains a healthy tax base.” He said the strategy for implementing that was to engage citizenry and create a community-driven Land Use Vision Plan for Seminole County including the Future Land Use Map, the Comprehensive Plan, and the Land Development Code. Everything should be community driven, community, community, community by engaging citizens in the Land Development Code and the Comp Plan updates. It was a great idea and then came COVID, which messed everything. He opined staff has done great with all the other issues they have going on; however, based on a recent email, it appears that Canin and Associates is redoing a huge section of their Land Development plan. He thinks Chairman Dallari mentioned they are having an April 19^th work session on it, and he said there are 250+ pages of strikethroughs and underlines and everything just thrown in there. He wants them to look at Canin and Associates by going to their web page. He stated they are a design firm, architecture, landscape architecture, and urban planning downtown Winter Park, apartment buildings with commercial; there is not a single rural area, suburban area thing, on their whole website. He stated there is no real follow-up once the Board approves stuff, and there are no consequences if somebody does something wrong after it is approved, lighting or whatever, and it takes forever to battle with them to fix it. He added what it boils down to are the biggest issues in front of the Board every meeting, all the time: (1) cluster developments, because there is no definition, even though the American Planning Association has clear criteria, they have clear definitions, (2) open space for residential; why does a retention pond count and Lake Sylvan, the parts you cannot even get to, and then (3) planned developments. Those three topics, they have all talked about those over and over. He thinks they should just do those three because that would solve 75% of their problems and they would no longer have groups coming in and fighting all the time.

Joe Humphreys addressed the Board to discuss Development Review Committee procedures. He has concerns and issues with the whole DRC process. He feels there are so many issues due to the lack of community input. He has discovered that he wonders who staff actually works for. He has heard coaching and basically trying to solve people’s problems. As a developer, he never had that opportunity; nobody ever gave him that; nobody ever fixed his problems. They should be neutral. He is asking that they allow the negotiations to be with their elected officials whom they elect, they are the only people they have any control over. They don’t control staff; their input is as much as they can make it, but again, obviously they are doing a lot of things so they try not to dominate their time. Staff has been very helpful in a lot of these issues. He said he asks that the Board ask staff to be neutral in these issues, that they allow the developers to write their own D.O.s and not, as a recent email stated when a citizen asked for information, “It is their practice that the D.O. that is presented to the BCC for consideration is drafted by staff and reviewed and approved by the County Attorney’s Office.” So, before it even comes to the Board, the County Attorney has already approved it. How can they have a legitimate argument or debate against their own County Attorney if he has approved a D.O. before it even comes before them. He thinks they need to make some changes to the DRC process, and he is available and happy to meet with them. He stated he could show them lots of examples of similar situations that they heard today. He is more than happy to sit down with staff and the Board to work through these things. He has had these conversations with the County Attorney. They need to make some changes.

Commissioner Lockhart stated in connection with the Development Orders going to the County Attorney, she imagines they are being approved as to form and sufficiency. Paul Chipok, Acting County Attorney, stated she is correct and that is part of the process. In no way does that mean any diminishment of the Board’s ability to review and debate and make changes to the conditions. Commissioner Lockhart opined there would be chaos if each developer wrote their own Development Order because staff has a pattern, an expectation and items that have to be included.

Rebecca Hammock, Development Services Director, explained they do have a template for Development Orders and Developers Commitment Agreements. When an applicant submits for a Planned Development, for example, which requires a Development Order, they will submit a draft D.O. and then staff basically goes back and forth with them with recommended additions and negotiations, and ultimately at the end, staff has control of the final draft that goes before the Board. They have had circumstances where they have come to the Board with a staff-recommended D.O. and the applicant’s D.O. The D.O. that comes to the Board goes to the County Attorney’s Office first for legal sufficiency review.

Commissioner Constantine agreed with Mr. Humphreys that they need to have community input and announced the all-day work session on April 19^th regarding the Land Development Code. Ms. Hammock reviewed their schedule for future meetings regarding the Land Development Code.

Commissioner Zembower stated his observation in these matters is more of an as-built inspection. Most of the complaints he has run into are, “This is what was approved, this is what was built, and they are not the same.” He has run into this when they have other municipalities that back up to the Seminole County unincorporated area, and go pull the city’s plans of what was supposed to be built and what the drainage was to find out that nobody actually went out after the development was built to ensure that it was built the proper way. Now the water is draining towards the rear of the houses instead of towards the front like the drainage plan indicated, and plants and trees and so forth were not kept as they were intended. He does not know how they address that other than having a full inspection of some fashion from a staff member that goes out and takes what was approved, feet on the ground and eyes on the ground, and says this did happen or this did not happen so they do not get way down the line with a development that is finished, occupied, and does not meet what the documents intended it to be.

Commissioner Herr stated the final and complete draft is still a draft and there is no need to panic yet. She has the 250 pages in her hands and has flipped through it already, and she can assure them that she can get through it in time because it is in red-line form, so it is completely manageable. She wanted to confirm with staff that the public input opportunities are all posted online and they have been transparent about the dates. Mary Moskowitz, Planning Manager, stated they will be published per their public notice process. Commissioner Herr said then they need to do that and they need to post that on the website. She is aware of the issues that were referenced in the community that is in her district. She has been out there and toured it, and it is exactly as described, what she sees on paper and what she sees that came out of the ground are two different things. Staff is engaged and they are trying to figure that out.

Commissioner Constantine thanked Development Services staff for putting out comparisons and asked that they continue to give them updates and engage with Orange County on the Sustanee project. Commissioner Zembower noted there is no longer a proposal to run a road over the Econ at that location or anywhere near that location.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:30 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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