BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

April 12, 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, April 12, 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

Pastor Preston Free, First Christian Church, Winter Park, gave the invocation. Commissioner Constantine led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3344

County Manager Recruitment Progress Report

Bryant Applegate, County Attorney, advised they have received the first group of applicants. They were presented to the Board last Friday, and they are expecting more to apply. He thought it would be important to have Robert Slavin, Slavin Management Consultants, present the plan for the interview process. He met with Mr. Slavin and staff last week to develop a strategy based on the individual comments that have been provided by the Board. They are trying to blend all that together. Other applicants are still coming in, so they won’t be talking about a timeline today; but they envision this to be a three-day process. The first day would be individual interviews with department heads, and then they’d have a luncheon where everybody will be together for a more informal meeting. The second day will be individual interviews with each Commissioner. And the schedule will be clear on the third day so that if any of the Commissioners would like to have a second interview with an applicant or applicants, they will have the time to do that. That afternoon, they would have a publicly advertised Board meeting to do the public interviews and allow public comment based on those interviews.

Mr. Slavin addressed the Board and stated the second day is very critical. This process will provide each Commissioner the opportunity to speak one-on-one with each of the candidates, and they will have an hour to do that. In the past, he has also been scheduled on that roster to speak with the Commissioners; and the value of that is that he may know some things about the candidates that would be helpful for the Board to know before they make a decision. He asked for permission for the process to be scheduled with the five finalists and himself to meet with each Commissioner. They will have the opportunity on the third day to meet with anybody that they may want to talk with more, so the candidates will be scheduled for that; and that is the process they had talked about and includes Board input. The sequencing of it makes sense where it does provide the candidates the opportunity to meet with staff. There’s enough time between that taking place and the Board’s final decision.

Mr. Applegate shared his experience going through the process 11 years ago, and stated he thinks it’s a fair process. He added on the day that is free in the morning, they will also have time to talk to department heads based on their impressions. There will be no ranking or anything like that, but it provides time for the Board to talk to them as well.

Commissioner Lockhart stated the only item she would like the Board to consider is the public interview process, which she thinks is very important because the Board will be interacting with the individual both in private and very publicly, so it would be nice to see how they interact in a public forum as well. She would like to have a little more time to breathe and reflect on five interviews and public interviews prior to then having to make a decision right at that time and moment. Not knowing what day this would be, if there is an already scheduled BCC meeting, it might be okay to have a few days between that final interview process.

Mr. Slavin explained what happens at the end of the final interviews is the Board adjourns and asks Mr. Slavin to provide additional information. What he’s usually trying to accomplish is to determine whether or not the candidates are still interested, and he’d like to do that before the Board makes a final decision; but it would also give the Board time to do some more work. They’ve built that into the system and let the candidates know that it’s going to happen. He believes Commissioner Lockhart’s request is fair and it would provide the Board an opportunity to learn more about the candidates before they make a decision. In his recommendation, the request is to schedule it so that everybody knows when it is going to happen so it doesn’t linger.

Mr. Applegate stated if it’s okay with the Board, they will keep the schedule as-is with the exception of the third day which will be kept open for second interviews and that will allow time to talk to staff, and then they will schedule the public interview for a week later, or whatever the timing is, to allow the Board that opportunity. Commissioner Lockhart responded she is good with the public interview on the third day, it’s with the decision-making process that she would like additional time. Mr. Slavin replied that is what he understood.

Commissioner Herr noted she wanted to clarify whether the decision will happen at the next BCC meeting or at a different meeting, and Mr. Applegate answered that is still to be determined. He explained it will either be a regular BCC meeting or they will call a special meeting and advertise it just for that purpose.

Agenda Item #2 – 2022-3332

The Business Spotlight video for Epic Engineering & Consulting Group LLC was presented.

Agenda Item #3 – 2022-3333

Legislative Update, Representative David Smith

Representative David Smith addressed the Board and provided the legislative update. He discussed legislation relative to Seminole County. Chairman Dallari thanked him for his support and leadership. Commissioner Constantine stated they continue to have an onslaught of the Legislature coming down and telling local governments what to do. He believes everyone would appreciate some relief on property insurance, and they have to do something about building inspections. Commissioner Zembower thanked Representative Smith for bringing money forward for some of the County’s trail needs and water issues and making himself readily available. Commissioner Herr stated Representative Smith is greatly appreciated.

Agenda Item #4 – 2022-3334

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming the month of April 2022 as Child Abuse Prevention Awareness Month in Seminole County.

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

Agenda Item #5 – 2022-3300

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming April 22, 2022, as Earth Day in Seminole County.

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

Agenda Item #6 – 2022-3336

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming the week of May 1 – 7 as National Travel and Tourism Week in Seminole County.

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

Agenda Item #7 – 2022-3338

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to adopt a Proclamation proclaiming the week of April 10 – 16 as Animal Care and Appreciation Week in Seminole County.

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

Agenda Item #8 – 2022-3346

Courthouse Renovation Update

Judge Jessica Recksiedler was present via phone for this item.

Jean Jreij, Public Works Director, addressed the Board and introduced Nick Brow, Project Manager, who closely coordinates with all of the stakeholders and the consultant on the project.

Mr. Brow addressed the Board and reviewed the presentation (included in the agenda memorandum). Mr. Jreij ended the presentation by discussing the Debt Service slide.

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

Commissioner Herr advised she did seek counsel on her ability to address this item, and there is no conflict of interest. She referred to the staffing levels slide and asked if it is anticipated that the two Juvenile judges will stay in the Juvenile Courthouse. Mr. Jreij answered yes, that is separate. Judge Recksiedler added one thing that is not noted in the judicial staffing is hearing officers that require a courtroom, as well as the fact that there are two magistrates that are not accounted for and a DOR hearing officer that is not accounted for. That is in addition to the two judges. There are four other hearing officers or magistrates that use courtrooms that are not accounted for within the slide. Commissioner Herr stated so that takes them from 14 to 18 by adding the Judge’s 4 hearing officers and magistrates. Judge Recksiedler stated they also have additional courtrooms for the senior judges. They anticipate essentially being slammed in the future regarding trials, but they are having a judge try one case while they have a senior judge also trying jury trials which requires another courtroom. When they try to figure out assignments in regard to courtrooms, there are several reasons that additional courtrooms are used or need to be free besides just hearing officers, magistrates, and judges that are using them at all times. Essentially, right now, that’s something else that’s accounted for, always has been and will be in the future.

Commissioner Herr expressed she still can’t reconcile the full number of courtrooms that could possibly be in use in one day excluding the two Juvenile judges; by her count it is 17, and Judge Recksiedler stated 19. Commissioner Herr asked if that was because there are three hearing officers that are all in a courtroom all at the same time, and Judge Recksiedler answered yes and added especially on Tuesdays, Wednesdays, Thursdays, and sometimes Fridays. She explained the way the assignments work and advised that they are anticipating an additional three judges in the future. Many times, there are outside jurisdictions that need courtrooms, so they always need an additional courtroom for that scenario as well. At Commissioner Herr’s request, Judge Recksiedler discussed the jurisdiction by the Legislature for which cases go into County court.

Chairman Dallari stated he thinks the Judge did a very good job defining the need for space for the hearing officers, magistrates, additional judges, and outside jurisdictions as well as the legislation requirements that will increase their courtroom needs. He stated they have to plan for the future. Construction costs will not get any cheaper as years move forward, and it is clear that there are going to be additional needs on all the courtrooms and the court system. It is the citizens that will need those additional services. He has no issues with putting in the three additional courtrooms even though it is going to cost more because those dollars will be more beneficially spent today than in the future. By planning for the future today, they can meet those needs as well as the additional costs.

Commissioner Herr stated the math as she understands it is they are at 14, plus the additional 4 and requested growth of 3, so that gets them to 21, not 23. Mr. Jreij explained that was the number they coordinated with the stakeholders; but according to the Judge, they needed an additional three which is why staff provided the three alternatives. Judge Recksiedler stated it is 14, plus the additional 4 hearing officers and magistrates, 3 in the future, the additional senior judge, and a need for a spare courtroom, which adds up to 23.

Commissioner Lockhart advised she went back and looked at the CGL report from the Master Plan; and it seemed that there was some data, history, and experience that went into their recommendation. Certainly, they want to plan for the future, and she thinks CGL’s Master Plan does plan for the future; that’s what the County paid them to do. In her conversations with the Judge, she was trying to understand how the company that was hired came up with a specific criterion to get to a number and how the Judge’s request has changed from one, to two, to three courtrooms over a very short span of time. She was hoping there would be some justification, some data, some metrics that were used by the Judge to help get to that number that puts them significantly over a 20-year projection of the future. She is not convinced that an additional 3 is necessary at this time, particularly with the cost and additional debt service; $800,000 a year added to their debt service is significant, and it is money that can’t be spent in other places that is needed now or in the 20-year future. It’s dollars that they can’t give to employees for raises or for other recurring costs that they have in the county, so they need to be very judicious.

Commissioner Zembower stated he thinks the trouble is getting people back into the courts, and the Supreme Court of Florida has a remote order standing right now on how those proceedings will continue. He concurs with Commissioner Lockhart. They did hire a firm to do a study, and they all agreed to hire that firm to do the study. They asked that all of the stakeholders be engaged during that process. He even sent out a letter on behalf of the Commission in 2020 requesting that if they weren’t being engaged or weren’t getting what they were supposed to get, to let the Board know so they could make sure everybody got back together. For him, it is a question of is it one or is it three, because it’s certainly not two. He might be convinced with further conversation to go with one additional courtroom at this point during the construction phase, which would be the right time to do it and the cheapest time to do it in anticipation for that long-term forecast. To Commissioner Lockhart’s point, they have seen no basis for this request. They’ve seen no metrics and no numbers. They know that there are shared courtrooms, and there are courtrooms that are not being used all day every day. Commissioner Zembower asked Clerk of Court and Comptroller Grant Maloy for his opinion because he is a key part and stakeholder. The Clerk has to assist the Judicial and what takes place there.

Clerk Maloy stated his office does a lot of different things. His main concern has been about the security and the customer service in the courthouse, and either one of the plans will take care of that from a needs perspective. When it comes to courthouse operations, that’s really part of Court Administration and the judges. He’s been asked many times how much the courtrooms are used, and his staff is not always in the courtrooms. There are a lot of civil hearings that clerks are not part of, so he doesn’t have an accurate measurement to state how much they are used. He knows some days they are busier than others. From the Clerk’s perspective, he doesn’t have an accurate measurement of courtroom use. Commissioner Zembower asked if this accommodates what the Clerk needs regardless of how many courtrooms are picked. Clerk Maloy answered either plan is good whether it’s the original plan or this plan; however, he thinks they still need a food component. If they are going to bring more people there, a food component would be good because it cuts down on traffic in and out. Again, his office is okay with either one; but the one with Self Help on the ground floor would be better. They’ve had a lot of meetings, but they haven’t gotten to the point where there’s a detailed plan of how everyone fits. Regarding the question about courtrooms, he can’t really answer. The clerks work with the judges, and it’s a good partnership; but they don’t work for them, so he can’t weigh in on how they should do things.

Commissioner Lockhart reminded in the past they asked specifically for staff to work with Court Administration to get the usage of the courtrooms so the Board could better understand the current usage of those facilities. She asked if that request was relayed. Mr. Jreij answered it was relayed but they do not keep a record. Commissioner Lockhart confirmed with Mr. Jreij that they wanted to find out the usage of the courtrooms, but for some reason the Courts do not keep track of the usage.

Commissioner Herr asked the Clerk if he anticipates a decreased need in space in the next 15 years. The Clerk replied he thinks they will be okay with the space allotted even though it is actually decreasing a bit. However, these have been real general plans; there hasn’t been a detailed plan of where everything fits in the courthouse.

Commissioner Constantine stated he thinks the anticipation is that as things change and they become more technologically advanced, the Clerk will need less and less space; therefore, some of that in the future could be transitioned into courtrooms and courtroom space. He asked if that was a possibility. Clerk Maloy answered he doesn’t see that as a possibility because his office is already taking a 25% reduction of space, so they are already going into the courthouse with a smaller footprint. They will make that work, but protecting the counterspace and serving the citizens is the first job of his office. It’s something he has been planning and working on since he got elected. Commissioner Constantine advised he was not suggesting the Clerk take any reduction, he was saying they can’t project the future and wondering if that would be a potential possibility down the line as they continue to advance technology. Clerk Maloy pointed out in 2006 the Clerk’s Office had 236 employees; and today they have about 186. They are doing more with less.

Judge Recksiedler stated the needs have not changed since 2019. They have always stated that they were going to need additional courtrooms, and definitely they knew one jury and one non-jury. The issue was, as far as the other jury courtroom, it was going to be for a future need. It was never asked of them to indicate specifically the projection as to 1-5 years or 5-10 years. Further, since that time, she has become also Admin Judge, and then later Chief Judge of the Circuit to understand the numbers, the usage, and everything else in regard to the circumstances. Judge Recksiedler indicated Mr. Brow was never present at any of the meetings with CGL, so she doesn’t understand where the information came from that there was not a need or it wasn’t expressed as having a need back in 2019. In regard to the letter from Commissioner Zembower asking if there was anything else, she never received that letter; and she is not aware of that letter. It was her understanding that there was at least the one additional courtroom and then the aspect for the hearing room as well that were in the original plan. They had been under that guise until February of 2020. She did not even know that this was an issue in the Master Plan or voted on; and if she did, she would have brought it to the Board’s attention much sooner. When she found out, she brought it to their attention at a Commission meeting she attended and wrote the letter to the Chairman. She doesn’t understand how the other aspects of the needs came through. She discussed how they use courtrooms even for remote proceedings; and she advised there has never been a change, it has always been consistently the same.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve the one-courtroom option not to exceed a total of $8,000,000.

Under discussion, Chairman Dallari asked staff if there were any structural needs that need to be put in for the full buildout or if they should be doing a shell buildout and only a shell. Mr. Jreij asked if his question is based on supporting the three-courtroom option, and the Chairman answered yes. Mr. Brow explained with the one-courtroom option, they will have to go on the former roof, and there will be structure that will have to go from the second floor down to the ground floor; new columns and heavy gauge steal to support that function. That will be put in day one. His understanding from the preliminary study is that there should not be any additional structure that will have to be put in place today to allow for an additional one or two. Chairman Dallari stated he thinks they should be planning for all three of them today. When they talked about the magistrates and other uses, he thinks three courtrooms make sense today; and they should be planning for it today and not in the future.

Commissioner Herr asked for clarity around the not to exceed $8,000,000. She asked if that is simply a request to bring it back should they run into some work order change, and Commissioner Zembower answered yes. He added his expectation is that he bumped it above the median high for understanding the market. It would be his anticipation if they find something, whether it’s cost of supplies or additional labor, that they would be informed before moving beyond that.

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

District 1 voted NAY.

Motion passes 4 to 1.

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Chairman Dallari announced Agenda Item #9, ARPA Attainable Housing Presentation, is being rescheduled for the April 26 agenda. He would like to move up Agenda Item #37, Supervisor of Elections Space Needs Update, before they go into the Consent Agenda. There were no objections.

Chairman Dallari recessed the meeting at 11:36 a.m., reconvening at 11:49 a.m.

Agenda Item #9 – 2022-3342

ARPA Attainable Housing Presentation

As announced by the Chairman, this item was moved to the April 26 BCC meeting.

COUNTY MANAGER AND STAFF BRIEFINGS

Item #37 – 2022-3345 (Not in sequential order.)

Supervisor of Elections Space Needs Update

Mr. Jreij advised the Board previously asked staff to look at the possibility of providing a standalone building for the Supervisor of Elections at Five Points. He reviewed the presentation (included in the agenda memorandum).

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

Chris Anderson, Supervisor of Elections, addressed the Board and commented on the presentation, followed by comments and questions from the Board. Commissioner Zembower stated they don’t know whether or not the P3 number that was provided some time ago by the Supervisor of Elections is actually supportable, and there are a lot of assumptions. Commissioner Herr voiced her concerns regarding renting the building for 20 years and then buying it because who would want to buy a 20-year old building, and whether or not a true space study was actually done or if it was, what the architect called it, a needs assessment. Commissioner Lockhart confirmed with Interim County Manager Joe Abel that the Board had previously asked staff to see if they could place the Supervisor of Election’s building at Five Points, what that timeframe would look like, and an estimated cost. Mr. Abel advised that is what staff tried to deliver today. Commissioner Lockhart stated she would like Mr. Anderson to know specifically what the Board needs. Commissioner Herr replied she thinks that is a really fair request. She has asked to see what the other footprints look like in the 67 counties with whatever background information that might be guided. She has been told that they have undertaken a survey, and that there have been 27 responses. What was shared originally was 5 specific operations and how they related to those 5 specific operations, which is less than 10% of the operations that are out there. She wants to see more; she would like to see her request. She thinks discussions regarding what can and cannot be shared, security, and training facilities need to take place as a follow-up to the general notion that this is the place to do it; now let’s bring it back with additional information.

Chairman Dallari stated there is a need. The Supervisor of Elections has some hurdles that he has to work around and not just on election day. He prepares for election day months in advance. The storage requirement and the retainage of records keeps on going up from the State, so they are going to need more and more space. He believes the Supervisor of Elections has done quite a bit of work with the architect and has provided a lot of information that the Board could make decisions from.

Commissioner Zembower pointed out they are talking about a $3 million spread between the smallest presentation and the largest presentation. He shared the research he has done regarding space needs for the Supervisor of Elections and discussed his duty to the citizens. Commissioner Constantine stated he thinks they are all saying that they have the right location, which was his biggest concern. There’s been discussion about adequate storage and training facilities, and he thinks that they are moving in the right direction. They can’t promise when it’s going to be built, but they want it to be done right; and they don’t want to kick this can down the road. Commissioner Constantine stated he would ask that they have the adequate space that is necessary for storage that has to be protected; if there is storage that does not have to be in a secured facility, there is a lot of storage at Five Points that could potentially be used. If it’s possible, they could have training facilities within the Five Points area and not necessarily in the Supervisor of Elections building. He advised this is not to be critical, it is to make sure they’re looking efficiently and effectively at what they’re doing.

Commissioner Herr advised she wants to be clear that her interest is in having a secure, safe, repercussionless election to the degree that that is possible in today’s environment; and she wants to make sure that the space that Mr. Anderson has is not only adequate now but also adequate in the future. She agrees with the notion that there’s only a $3 million spread, but that all presumes the starting point as the right starting point. She asked the Board to be willing to indulge that they want that additional information just as a validation that they are doing right by the taxpayers, then she would be willing to move forward as well; but they need that information in order to justify the starting point. Discussion ensued.

Mr. Anderson stated he took it upon himself to do a survey; that was never asked by anyone. He did the survey based on what was comparable to his office; and providing information about Hillsborough, Palm Beach, Broward, or Dade County is absolutely superfluous. He isn’t interested in wasting his team’s time because they have to prepare for elections. That is where the idea of a survey came from in the first place. He stated he is more than happy to provide the information about all 67 counties and discussed comparisons. Mr. Anderson noted he sent the information to Commissioner Herr’s office regarding the respondents thus far, and he will continue to send those over as they come in. He urged the Board to make a decision now.

Commissioner Herr stated for the record she spoke to Mr. Anderson on Friday and he said that he had the survey back from 27 of the 67 counties, and that it would be shared. She does not have it. Mr. Anderson advised he will get it to her office. Commissioner Constantine stated he isn’t looking for another study, survey, or plan; he is simply saying as they are putting it together, they have plenty of time to look into storage and a training facility at Five Points so they can save the taxpayers some money. Commissioner Zembower asked how long Commissioner Constantine thinks that would take, and Commissioner Constantine answered he doesn’t think it would take longer than the next meeting. Commissioner Zembower asked how deep of a dive is the expectation of the survey from the other counties and expressed his concern on how long that process could take and why. Commissioner Herr responded that was discussed as well in the sense that whatever additional information that was being gleaned at the time this survey was started over a year ago could be included. It is incumbent upon them to at least get what is in their hands today, and they don’t have it.

Commissioner Lockhart advised she has no problem with waiting until the next Board meeting to provide time to bring back the additional information. She thinks this Board collectively and individually is predisposed to asking for a lot of information to make decisions; it’s not unique for this Board to be making those requests. It is okay to wait until the next meeting to get the little bit of additional information that is being requested so that everybody can be comfortable with the decision that is made.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to table this item to the next meeting; and at the next meeting, the information that was requested today will be presented.

He added he is committed to be prepared to make a final decision at that meeting.

Under discussion, Mr. Abel advised he would prefer, and he believes it is more realistic, to ask for the first meeting in May. The next meeting is only a couple weeks away. What he is hearing in the request for additional information, he would feel more comfortable having that extra time.

Commissioner Zembower amended his motion to table the item to the first meeting in May (May 10). Chairman Dallari asked Commissioner Zembower to clarify the additional information they are looking for. Commissioner Zembower advised they want to see all 27 counties in one document, future expansion versus current conditions, what the plans are whether they’re in an RFP right now or whether they are even salivating over doing anything with their Supervisor of Elections. Commissioner Constantine added and staff working with the Supervisor of Elections to look at the possibility of non-secured storage at Five Points as well as the training facility.

The seconder agreed to the amendment.

Philip Kaprow, General Counsel, Supervisor of Elections, addressed the Board and stated they would certainly respect getting the additional information that has been requested. He urged the Board not to delay this request further. He explained going into May puts them one month closer to qualifying, closer to a time when staff will be additionally burdened. Mr. Kaprow recommended the Board consider moving forward with the condition that the information be provided before the next steps.

Commissioner Lockhart asked if Mr. Kaprow is suggesting they provide the information before the first May meeting so that they have ample time to review it so they can make a decision at that meeting. Mr. Kaprow answered no. He stated what he heard is that with the exception of two little pieces of information, the Board is prepared and more or less comfortable with the idea of moving in a direction. He recommended they move forward in that direction; but as a condition of that, Mr. Anderson’s office will provide certain information to the Board within 20 to 30 days. The sooner they can start the next steps, the better off they are.

Commissioner Zembower stated he thinks what he is hearing is, “contingent on supply of the data.” He asked for the County Attorney’s input on how that would work. Mr. Applegate stated in order for whatever motion they’re going to consider and adopt based on what was heard today, he thinks it is important to understand what the next steps are that would have to occur over the next couple of weeks that would result in making a decision today without the information the Board is requesting. He doesn’t know how they can make the motion “contingent upon.” They need to know what the next steps are that are going to occur because there are important steps that have to occur between now and May. If they are going to require more information, it really clouds any motion that they make other than just tabling it.

Commissioner Zembower asked if they all agree that there is more space needed at the Supervisor of Elections office. There was a consensus that more space is needed. Commissioner Zembower stated he assumes then that the data they are looking for is to vet out which plan is the most viable. Chairman Dallari stated in looking at the data that they have, he believes there is enough information to move forward. Commissioner Herr stated she has asked to see best practices. She believes the Supervisor of Elections has an association just like the rest of the elected officials have associations. She’s asked to see the other counties. She’s asked to understand the basis for the needs assessment and what other information was gathered outside of a once assessment, which is an echo-chamber needs assessment. She believes the taxpayers have empowered the Board to make sure that they’re making fiscally sound decisions that will secure the election, and she just wants to see the broader information that she knows is in the possession of the organization and not being shared. That’s what she wants to see.

Commissioner Constantine stated he understands that they would love to see an answer today, but he doesn’t think that there is not some process that they can’t catch-up in a month that’s going to make a huge difference. Like Commissioner Herr has said, they need to make the right decisions now and then move forward. He has no problem in saying that he agrees that they need more space; the question is, how much space and where can that space be best utilized.

Commissioner Constantine called the question.

Chairman Dallari asked all in favor of the motion to call the question signify by saying aye.

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

District 2 voted NAY.

Motion passes 4 – 1.

Chairman Dallari stated now they have the motion on the table, and asked for a vote.

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

District 1 voted NAY.

Motion passes 4 - 1.

Commissioner Zembower stated it looks like they have a ten-month procurement period. He asked if that period could be cut in half. Diane Reed, Interim Procurement Manger, addressed the Board and answered the best they could look at is six to seven months; so it could be cut a little bit, but not in half. Commissioner Zembower advised what he’s getting at is, if they get back here in May, they may be able to pull this off in less than ten months. Ms. Reed replied at any point they should be able to do a little less than the projected timeline.

REGULAR AGENDA

Item #36 – 2022-3146

Wekiva Island Winter Wonderland 2022 Special Event Permit/Mary Sue Weinaug

Mary Robinson, Planning and Development, addressed the Board and presented the item as outlined in the agenda memorandum. She advised staff recommends the Board approve the permit subject to staff’s recommendations.

Mike Towers, on behalf of the applicant, addressed the Board. He agreed with staff’s presentation and discussed the event. He pointed out this is a family-oriented event aimed towards kids, so they aren’t really looking at monitoring capacity; they are mostly looking at monitoring parking. They have looked at capping adults at 300 or 325 and making children unlimited; which is a step in the right direction. With the sound study, they now know they don’t have a noise issue. He briefly discussed the sound study (included in the agenda memorandum). He talked about a concern for motorcycles; and stated on their loudest, biggest event night the only noisy bike that left the Island was one Harley-Davidson. The only thing they’re really looking at is attendance; so when the parking lot is full, the parking lot is full. This is a children’s event, and it’s never been an issue; they need to look at it from that perspective.

With regard to public participation, Jeff Stamer and Peggy Musial spoke in opposition; no one else spoke, and public input was closed.

Public Comment Forms received and filed.

Mr. Towers provided his response to Mr. Stamer and Ms. Musial’s comments.

Chairman Dallari asked how many days Wekiva Island has per year in special events. Ms. Robinson answered they are limited to 60, and they use the entire 60 most of the time. She noted there might be one day that’s left; this year they have an extra day that they didn’t use.

Commissioner Constantine stated this is a negotiated Developer’s Agreement. He takes exception to both sides saying they didn’t do this or that. It is 60 days, and they’re getting the 60 days. He has no problem with that. There is also a capacity of 395 for regular attendance, and the Board said that they would allow more than 395 during special events. He doesn’t have a specific problem with capacity. They came up with the number 450 last time, and they didn’t exceed it at what is normally their largest event that they have. He doesn’t see it being a restriction that they should have to increase. They’ve come to a reasonable balance there. He would suggest that in the request they put the exact number in the noise study. He would like to have that as part of the agreement. He’d also have no problem with 450 guests.

Commissioner Constantine pointed out that up until the 19th, school is in session. After the 19th, they are on break. He suggested they make the weekday hours to 8:00 p.m. until school is out; and then after the 19th, they can close at 9:00 p.m. Also, the 4th, 11th, and the 18th, which are the Sunday movie days, he thinks they should be open until 9:00 p.m. This is an event for the kids, so he thinks there is a normal 2 - 1 parents-to-children ratio. They should limit the number of adults on those three days to 300 and have an unlimited number of children; a capacity of 450 everyday except the 4th, 11th, and the 18th, which would be 300 adults and unlimited children, which will be defined as 12 and under. The 4th, 11th, and the 18th until 9:00 p.m., every weekday after the 19th will also be 9:00 p.m., weekends will stay at 11:00 p.m.; put the noise study in the Development Order; and also, 8:00 p.m. on weekdays until school ends.

Regarding the noise study, Ms. Robinson noted condition four in the special event does have the DB of 50 already in there. Discussion ensued regarding defining children as 12 and under.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the Wekiva Island Winter Wonderland Special Event Permit for Saturday December 3, 2022, through Sunday December 31, 2022, as stated in Commissioner Constantine’s above recommendation and subject to staff’s recommendations included in the attached Special Event Permit.

Under discussion, Commissioner Herr pointed out there is typically some sort of age gap in children. So if a family has an 8 year old and a 13 year old, now the 13 year old counts as an adult. She advised she isn’t sure what they are doing there in a sense that she doesn’t see them hitting the limits. And now they are standing at the front gate with a kid at Christmastime that wants to go see Winter Wonderland, and they’re IDing the brother. She thinks they are losing a little bit of the spirit of the event with the line out front. She would also advocate that once a kid hits school age, none of her kids went to bed before 9:00 p.m. She realizes there is traffic leaving, but she thinks the level of detail in that motion becomes administratively difficult. Commissioner Constantine pointed out staff isn’t doing the administration, Wekiva Island is. He is trying to accommodate Mr. Towers and Wekiva Island because they said this is a kids’ event. If it’s not the 300 adults and unlimited children, then it’s back to 450 for every day. He’s trying to accommodate leaving out 50 children if they don’t go to the requested 500.

Commissioner Herr stated 12 is not old enough in her perspective when there are multiple kids in a family. Commissioner Constantine asked what age she would suggest, and she stated she thinks 18. At 18, you’re still in high school and getting dragged around with your younger siblings. Chairman Dallari stated he can see there are issues with the age of the children. He asked Mr. Towers if this scenario is something he is willing to accept. Mr. Towers answered no, and added it is an administrative nightmare to try to do that. They could just break it down to the question of what is the problem with how many kids are going to be at the event. They are in the weeds on this one. Commissioner Lockhart asked if this event has ever exceeded 450 people regardless of age. Mr. Towers answered from what he has been told, yes. Chairman Dallari added the Commission, in the past, has given them a larger capacity for this event. Commissioner Lockhart stated she thinks that number would be important to know. Commissioner Lockhart opined if it’s just the boat parade, which may or may not be a children’s event, there has to be some easy way to compromise and get the number where it needs to be without having to talk to parents and ask how old their children are or turn families away at the door unnecessarily. She asked how they get there.

Rebecca Hammock, Development Services Director, addressed the Board and stated if they are considering the three days of holiday events for the children, they have asked for 500. They could limit it to 450 on all other days except those three days, and allow them to have the 500. That may be a compromise because that is only an additional 50 people, which would accommodate the additional children. Commissioner Constantine stated the Commission has allowed additional capacity, but they haven’t allowed additional capacity since they came up with the Development Order, which was based upon the fact that Wekiva Island was asking for more increase, and they all agreed to 450 for special events. He doesn’t have a problem with making it 450 for every single day. He was trying to accommodate Mr. Towers’ request because “it’s for the kids.” If it’s going to be an administrative nightmare, then he would assume they just go to 450 and leave it at that. Commissioner Constantine amended his motion to approve capacity at 450 for every day of the event. The seconder agreed.

Discussion ensued regarding capacity. Commissioner Zembower asked what the legal documents say they are entitled to do.

Mr. Applegate asked that the amended motion be restated so that they are all on the same page.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the Wekiva Island Winter Wonderland Special Event Permit for Saturday December 3, 2022, through Sunday December 31, 2022, with the following changes: 450 capacity on all days; open on the weekdays until 8:00 p.m. until school closes on December 19th; after December 19th, they can remain open until 9:00 p.m.; December 4th, 11th, and the 18th they can remain open until 9:00 p.m.; subject to staff’s other recommendations included in the attached Special Event Permit.

Commissioner Constantine stated that he concurs that the three days could be more children. They didn’t have a problem with the last one; the 450 worked. He’s just trying to be helpful. Commissioner Zembower asked what the legal documents say regarding the Special Events. Mr. Applegate stated the best way to sum that up is in both cases the Board has considerable discretion to consider any request by the Applicant for special conditions. The important thing is that, as a legislative body, the Board has the discretion to consider a request, those who oppose it, and put up reasonable conditions. What he has heard so far would be easily defensible. Discussion ensued.

Commissioner Herr called the question.

Mr. Towers stated Wekiva Island voluntarily gave up days for special events; they limited themselves to four. Other people are allowed more than that. They limited themselves to 60 days, and other people are allowed 180 or 160 according to the Code. They self-imposed, voluntarily offered, to reduce the noise ordinance. They have done many things that they have self-imposed on themselves. An additional 50 people in other elements of the Land Development Code is almost a staff approval. So when he looks at an additional 50 kids, he sees two parents that want to enjoy that event with their kids; and it’s just a different type of event. The 450 does work at other events where it is all adults. This event is just a little different because both parents want to enjoy time with their kids, and that is why he thinks the higher number does work. If they don’t have a traffic problem, then just park the cars; and if they have two kids or three kids in the car, who cares. It’s not going to be a noise issue. He doesn’t want to create a problem where they’re going to take away the enjoyment of the event itself. They are overcomplicating it. In his mind, attendance should be overlooked or increased because of the type of people that are showing up at it.

Chairman Dallari called the question.

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

District 1 voted NAY.

Motion passes 4 – 1.

COUNTY ATTORNEY’S BRIEFING

Mr. Applegate stated his office sent out a memo last week regarding a request for Board approval for a resolution establishing Title VI for Seminole County. FDOT gave his office their model that other jurisdictions are using. They reviewed it in detail and find it to be very adequate. He asked for Board approval.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt appropriate Resolution #2022-R-51 creating Section 24.25, Civil Rights Program, of the Seminole County Administrative Code (Title VI).

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

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

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Mr. Applegate stated the Federal Court granted the County’s motion for attorney fees in the River Cross case. The motion was for over $530,000. The next step will be the Court deciding on the exact amount. He has instructed the County’s counsel to begin the process necessary to seek enforcement.

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Mr. Applegate introduced four new County Attorney’s Office employees.

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Chairman Dallari recessed the meeting at 1:32 p.m., reconvening at 2:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Farrell, who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

Item #36 – 2022-3146 (Continued from the morning session)

Wekiva Island Winter Wonderland 2022 Special Event Permit/Mary Sue Weinaug

Commissioner Constantine reminded that earlier today, the Wekiva Island Special Event Permit was presented. After the recess, he went back and talked to Mr. Stamer. Also, he just got off the phone with Mike Towers, and he also talked to Rebecca Hammock, who advised him that the language Mr. Stamer was concerned about with the noise is in the requirement. Mr. Stamer said to be a good neighbor and for the children, he would be willing for those three days, the 4th, 11th and the 18th, to go to 500 maximum number of adults. Therefore, he would like to amend his motion.

Mr. Applegate advised that Commissioner Constantine asked if he could amend his motion and since he was on the prevailing side and the meeting is still ongoing, it is acceptable for him to do that. Chairman Dallari asked even when the applicant or the individual speaking are not here. Mr. Applegate replied yes, and he is basing it on the fact that Commissioner Constantine is stating that he has talked to both sides and they have agreed to it.

Motion by Commissioner Constantine, seconded by Commissioner Herr, to amend the motion to state that for the three Sundays during the Winter Wonderland event, December 4, 11 and 18, the maximum number of adults will be limited to 500, instead of 450 which was stated in the original motion.

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.

CONSENT AGENDA

Joe Abel, Interim County Manager, advised that staff is requesting that Item #11, Public Nuisance Determination request, and #13, Sand Lake Estates Minor Plat, be pulled from the agenda. In regard to Item #11, the property owner has pulled a demolition permit, and Item #13 will be brought back at a later date.

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 Lockhart, to approve the following:

County Manager’s Office

Office of Emergency Management

10. Approve and authorize the Chairman to execute the Memorandum of Agreement (MOA) for the Urban Area Security Initiative (UASI) Grant Program with the Orlando/Orange Urban Area (O/OUA) Participants: Orange County Sheriff’s Office, Orange County, The City of Orlando, Lake County, Osceola County, Seminole County Sheriff’s Office, Central Florida Disaster Medical Coalition, City of Kissimmee, City of Belle Isle, City of Edgewood, and the City of St. Cloud. (2022-3343)

Development Services

Building

11. Pulled from the Agenda request to 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. (2022-3285)

Planning and Development Division

12. Authorize the release of Maintenance Bond #SU1162765 in the amount of $55,357.36 for roads, streets, and drainage for Brookmore Estates Phase 3 Subdivision. (2022-3310)

13. Pulled from the Agenda request to approve the Minor Plat for the Sand Lake Estates subdivision containing four (4) residential lots on 4.73 acres zoned R-1A (Single Family Dwelling), located on the south side of Sand Lake Road, approximately one (1) mile west of S.R. 434. (2022-3301)

14. Authorize the release of Performance Bond #1154284 in the amount of $1,649,667.66 for roads, streets, and drainage for the Eastgrove subdivision. (2022-3313)

15. Approve the Final Plat for the Towns at Tuskawilla Commons subdivision containing 110 townhome lots on 12.65 acres zoned Planned Development, located at the northeast corner of Aloma Avenue and Tuskawilla Road. (2022-3319)

Environmental Services

Water and Waste Water

16. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-57 authorizing the County Manager to execute a Material Transfer Agreement between GT Molecular, LLC and Seminole County, for the purpose of national wastewater sampling and surveillance; providing for an effective date. (2022-3357)

Public Works

Engineering

17. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #37 for property interests needed for the Monroe Trail Loop Project (3,435 ± SF) between Larry A. Dale as Trustee of Larry A. Dale Family Trust and Seminole County for $104,960.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3296)

18. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #39 for property interests needed for the Monroe Trail Loop Project (600 ± SF) between Lonnie Anthony Taylor and Jennifer Sherry Taylor and Seminole County for $4,020.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3297)

19. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $3,700.00 between property owner, Deborah Lieb and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Riverview Avenue. (2022-3298)

20. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $6,620.00 between property owners, J. Virgil Hurley and Denise M. Hurley, and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Riverview Avenue. (2022-3299)

21. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #27 for property interests needed for the Monroe Trail Loop Project (1,365 ± SF) between James & Dianne Burd and Seminole County for $79,790.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3304)

22. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #29 for property interests needed for the Monroe Trail Loop Project (1,985 ± SF) between James & Dianne Burd and Seminole County for $100,850.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3305)

23. Approve and authorize the Chairman to execute and the recording of an Underground Easement (Business) to Florida Power & Light Company for electrical service on property owned by Seminole County related to the proposed Five Points new Criminal Justice Center Annex building site. (2022-3306)

24. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcels 160 and 161 for 4.497 ± acres and 0.37 ± acres (15,938 SF) of land, respectively, between Thomas A. Youngblood, as Trustee of the Thomas A. Youngblood Revocable Living Trust and Seminole County for acquisition of property needed for the Orange Boulevard Improvement Project (Tax ID #16-19-30-5AB-0200-0100, 16-19-30-5AB-0200-010A, 16-19-30-5AB-0200-008A, 16-19-30-5AB-0200-0080, 16-19-30-5AB-0200-0070 and 16-19-30-5AB-0200-0090) for $1,250,990.00, as full settlement of all claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3312)

25. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #110 for property interests needed for the Orange Boulevard Improvement Project (6,451 ± SF) between Lisa Cowan and Seminole County for $232,175.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3329)

26. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #7 for property interests needed for the Monroe Trail Loop Project (5,618 ± SF) between J. & V. Communications, Inc. and Seminole County for $13,040.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3328)

27. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #150 for property interests needed for the Orange Boulevard Improvement Project (6,168 ± SF) between Thomas J. Sheipe and Margaret Sheipe and Seminole County for $61,900.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3331)

28. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $11,850.00 between Raleigh O. Simmons, Jr. and Myra R. Simmons and Seminole County for property interests necessary for the drainage purposes related to the Nolan Road bridge replacement over Six Mile Creek. (2022-3335)

29. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $1,100.00 between Michele L. Wallace and Seminole County for property interests necessary for the drainage purposes related to the Nolan Road bridge replacement over Six Mile Creek. (2022-3337)

Resource Management

Budget and Fiscal Management

30. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-52 implementing the Budget Amendment Request (BAR) # 22-038 through the Animal Control, Disaster Preparedness Grant, and General Fund to transfer a net amount of $70,489.00 from operating to capital accounts for the purchase of a shade structure for Animal Services ($12,853.00) and Audio-Visual enhancements at the EOC ($57,636.00). (2022-3321)

31. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-53 implementing Budget Amendment Request (BAR) #22-039 in the amount of $1,042,409.00 in the 2014 Infrastructure Sales Tax Fund for the Crane Strand (Border) Canal Project (CIP#01785488). (2022-3322)

32. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-54 implementing Budget Amendment Request (BAR) #22-040 in the amount of $66,945.00 in the 2014 Infrastructure Sales Tax Fund for the Spring Valley Farm Drainage Project (CIP#02107073). (2022-3324)

33. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-55 implementing Budget Amendment Request (BAR) #22-041 in the amount of $33,000.00 in the Fire Protection Fund to purchase a new F150 vehicle. (2022-3325)

Purchasing and Contracts

34. Award CC-3999-21/TAD Country Club Heights Sewer and Water Main Replacement to Benchmark Construction Company, Inc. of Bartlett, IL in the amount of $4,388,725.00; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3254)

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

Item #35 – 2022-3323

Approve Expenditure Approval Lists dated March 8, 15, and 22, 2022; and Payroll Approval List dated March 17, 2022.

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

Clerk & Comptroller’s “Received and Filed” Documents

1 Amdmt #1 to W.O. #2 to PS-1822-18/CPH
2 Amdmt #1 to W.O. #29 to PS-1998-18/E Sciences
3 Amdmt #1 to W.O. #3 to PS-2826-20/Atkins
4 Amdmt #1 to W.O. #30 to PS-1998-18/E Sciences
5 Amdmt #1 to W.O. #34 to PS-1320-17/Southeastern Surveying and Mapping
6 Amdmt #1 to W.O. #43 to PS-1822-18/CDM Smith
7 Amdmt #1 to W.O. #48 to PS-1320-17/Wood Environmental
8 Amdmt #1 to W.O. #48 to PS-1832-18/CDM Smith
9 Amdmt #2 to W.O. #23 to PS-1822-18/Carollo Engineers
10 Amdmt #2 to W.O. #28 to PS-1320-17/Southeastern Surveying and Mapping
11 Amdmt #2 to W.O. #39 to PS-1822-18/CPH
12 Amdmt #3 to W.O. #19 to PS-1822-18/CDM Smith
13 Amdmt #3 to W.O. #2 to PS-9351-14/CPH
14 Amdmt #3 to W.O. #53 to PS-0009-15/CPH
15 Amdmt #4 to W.O. #9 to PS-9742-14/Jacobs Engineering
16 Amdmt #6 to W.O. #3 to PS-0121-15/Singhofen & Associates
17 Amdmt #8 to W.O. #6 to PS-2468-19/CPH
18 Amdmt #9 to W.O. #3 to PS-8827-13/Metric Engineering
19 Bid (1) for BID-604290-22 from Structural Solutions Group
20 C.O. #1 to CC-3733-21/Schuller Contractors
21 C.O. #3 to DB-2551-19/Wharton-Smith
22 C.O. #8 to CC-2772-19/APM Construction
23 CC-4126-21/Orange Avenue Enterprises
24 DCA #21-20500015/Hillview North PD Ph 2/Hattaway Holdings and RDC Altamonte Springs
25 DCA #21-20500026/Beasley Reserve fka Estate at Lake Hayes/Duda & Nemethy
26 Denial D.O. #22-30000001/609 Spring Valley Dr/Ptaszynski
27 ESG Subrecipient Agrmt PY 21-22/S.A.L.T. (SALT) Outreach (As approved by the BCC on July 27, 2021)
28 Fifth Amdmt to IFB-603800-20/North America Fire Equipment Co.
29 First Amdmt to IFB-603428-19/The Ware Group dba Johnstone Supply
30 First Amdmt to PS-1474-17/S2L
31 First Amdmt to RFP-604205-21/Ott Landscape Maintenance
32 Fourth Amdmt to IFB-603311-18/Convergint Technologies
33 HOME Program Agrmt FY 20-22/Habitat for Humanity of Seminole County and Greater Apopka, Florida/1577 Dixie Way (As approved by the BCC on July 27, 2021)
34 HOME Program Agrmt FY 20-22/Habitat for Humanity of Seminole County and Greater Apopka, Florida/1581 Dixie Way (As approved by the BCC on July 27, 2021)
35 HOME Program Agrmt FY 20-22/Habitat for Humanity of Seminole County and Greater Apopka, Florida/1582 Dixie Way (As approved by the BCC on July 27, 2021)
36 HOME Program Agrmt FY 20-22/Habitat for Humanity of Seminole County and Greater Apopka, Florida/1816 Alexander Ave. (As approved by the BCC on July 27, 2021)
37 HOME Program Agrmt FY 20-22/Habitat for Humanity of Seminole County and Greater Apopka, Florida/2032 Williams Ave (As approved by the BCC on July 27, 2021)
38 IFB-604254-21/Bound Tree Medical
39 Maintenance Bond #30152427/$86,190/International Parkway Intersection Ph 2/Southland Construction
40 Natural Lands Contract for Services/Catherine Jolley
41 Parks Contract for Services/Nestor Angel Rosa
42 Restrictive Use Covenant/Habitat for Humanity of Sem Co and Greater Apopka/1812 Alexander Ave (As approved by the BCC on July 27, 2021 as part of the 2021-2022 One-Year Action Plan)
43 Second Amdmt to RFP-603794-20/On Computer Services
44 SS-604285-22/Center for Public Safety Excellence
45 Third Amdmt to IFB-602819-17/Lamp Sales Unlimited
46 Third Amdmt to PS-1529-17/Iteris
47 Tourist Tax Funding Agmt/Florida Half Century Amateur Softball Association/March 50s
48 Tourist Tax Funding Agrmt/University Athletic Association/UAA Men's and Women's Tennis Championship
49 W.O. #1 to RFP-3864-21/Connect Consulting
50 W.O. #15 to PS-2468-19/S&ME
51 W.O. #26 TO PS-1522-17/Professional Service Industries (PSI)
52 W.O. #27 to PS-1522-17/Professional Service Industries (PSI)
53 W.O. #28 to PS-1522-17/Professional Service Industries (PSI)
54 W.O. #3 to PS-2266-19/HDR Engineering
55 W.O. #53 to PS-1822-18/Carollo Engineers
56 W.O. #57 to PS-1832-18/Tierra
57 W.O. #58 to PS-1832-18/CDM Smith
58 W.O. #59 to PS-1832-18/Tierra
59 W.O. #8 to PS-0201-15/Environmental Research & Design
60 W.O. #2 to PS-2225-19/Atkins North America

PROOFS OF PUBLICATION

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

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

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Ex parte communications from Commissioners Constantine, Dallari and Herr were received and filed.

PUBLIC HEARINGS QUASI-JUDICIAL

Item #38 – 2022-3239

Druid Road Right-of-Way Vacate/

Mary Hite (Continued from March 22, 2022)

Joy Giles, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. She advised that staff recommends approval.

Mary Hite, applicant, addressed the Board to state she has lived at her property for about seven years and has maintained the small piece of land next to her property, about 2,800 square feet, for those seven years. She wants to incorporate that piece into her property so she can have a bigger side yard. She thanked staff for their efforts.

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

Commissioner Constantine stated there are a lot of sewer and water programs around there, but Maitland, Altamonte Springs, and Seminole County have checked out everything and ensured him that this is okay to do.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2022-R-56 vacating and abandoning a portion of an uncut right-of-way known as Druid Road, as recorded in Plat Book 11, Page 42, in the Public Records of Seminole County, Florida, for property located on the east side of Druid Drive, one-fourth mile south of Oranole Road, more particularly known as 1090 Druid Drive; Mary Hite, Applicant; as described in the proof of publication.

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

Item #39 – 2022-3358

Celery-Cameron SSFLU Map Amendment and PD Rezone/

Robert Zlatkiss, American Land Development

Annie Sillaway, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum. She advised that staff recommends approval.

Chad Moorhead, Madden Moorhead and Stokes on behalf of the applicant, addressed the Board to state they agree with staff’s recommendations. He advised they sent out over 250 mailers (addresses received and filed) for their community meeting and four people attended. He pointed out the concept plan that is in the agenda memorandum to show what the subdivision layout will look like. He noted they are in the Midway Basin, so they know there are drainage issues in this area to the south and west of this piece of property. Water flows to the north on this property directly to Lake Monroe and the river. They will be improving the drainage system for this particular development. He then pointed out a large pond and a tree-save area to the south. Water and sewer will be from the City of Sanford and they will be tying into the Riverbend utilities that have been around over the last several years.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt Ordinance #2022-7 enacting a Small-Scale future Land Use Map Amendment from Suburban Estates and Low Density Residential to Low Density Residential; and adopt Ordinance #2022-8 enacting a Rezone from A-1 (Agriculture), R-1 (Single-Family Dwelling), and R-1A (Single-Family Dwelling) to PD (Planned Development) for approximately 34.07 acres; and approve the associated Master Development Plan and Development Order, located on the southwest corner of Celery Avenue and Cameron Avenue; Robert Zlatkiss, American Land Development, Applicant; as described in the proof of publication.

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.

PUBLIC HEARINGS LEGISLATIVE

Item #40 – 2022-3194

Ordinance Amending Seminole County Code

Chapter 270, Water and Wastewater

Dennis Westrick, Interim Utilities Engineering Division Manager for Environmental Services, addressed the Board to present the request as outlined in the agenda memorandum.

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

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt Ordinance #2022-9 amending Part 4 (Seminole County Water System, Wastewater System, and Reclaimed Water System Rate Ordinance) of Chapter 270 (Water and Wastewater) of the Seminole County Code, amending Section 270.182 (Definitions) to update the definition of Equivalent Residential Connection (ERC); as described in the proof of publication.

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

COUNTY MANAGER’S REPORT

No report.

COUNTY ATTORNEY’S REPORT

No report.

CHAIRMAN’S REPORT

Chairman Dallari reported that early last week, the Board received a letter from Interim County Manager Joe Abel giving his 60-days’ notice of retirement. Mr. Abel had shared that information at the December 14, 2021 BCC meeting. He served as the Deputy County Manager since March of 2019 and prior to that, he was the Director of Leisure Services for 12 years where he oversaw Parks and Recreation, Greenways and Natural Lands, Extension Services, and Library Services. Chairman Dallari stated since Mr. Abel has submitted his intent to retire effective June 4, 2022, he thinks it would be proper to appoint an Interim County Manager at this time.

Motion by Chairman Dallari, seconded by Commissioner Constantine, to appoint Bryant Applegate, who is currently serving as the County Attorney, to take on the role of Interim County Manager, and to appoint Paul Chipok, currently Deputy County Attorney, to serve as the Acting County Attorney.

Chairman Dallari added to his motion stating Joe Abel will continue to serve in a consulting capacity until his retirement is effective, to which the Seconder agreed.

Commissioner Lockhart stated if this is the decision that Mr. Abel has talked through with the Chairman and whomever else he has been talking with, she certainly respects that because she can only imagine what would prompt him to make this decision, because she knows how much this organization means to him and how much work he has been putting in, and specifically how many things he had planned to do over the course of the next couple of months because the load is not light and there is a lot going on in this organization right now.

Upon inquiry by Commissioner Lockhart, Mr. Applegate indicated that when he talked with the Chairman, he said he would accept the appointment for a limited time, somewhere between 8 to 12 weeks, tops. He added there are very few people he respects more, in his 40 years of service, than Joe Abel, and said he has accomplished a great deal.

Commissioner Lockhart questioned if other alternatives were considered, and Chairman Dallari responded he thought in order to have an appropriate transition and since Mr. Applegate is very involved with the consultants for the county manager search, that this would be the best solution. He did not look at any other opportunities. Commissioner Constantine said he also spoke with Mr. Applegate and Mr. Abel, and after due consideration, when they are talking about not having any deviations and keeping the ship afloat, that this would be the best circumstance. He believes Mr. Applegate has filled that role previously and that this is the right move for the County as they go forward, keeping everything moving in the right direction.

Commissioner Herr stated she agrees with Commissioner Lockhart that it seems this “train has already left the station.” She thanked Mr. Abel for stepping up and attempting to change five people that are absolutely resistant to change, and said that is the single, greatest obstacle to growth and improvement. She hopes that in keeping the ship afloat for this interim 12-week period of time, it will allow the five of them to contemplate that when someone new comes into this role, they have to be open to new ideas, new considerations, and new input from staff on better ways to do things. But if they are going to get anchored around how they have always done it for the “20 years they have been there,” then shame on them because they will not have grown through this transition of transition. She asked that the five of them respect the fact that Mr. Applegate will have one foot in Legal and one foot in running the County, and that is a really tough position to be in. So, the five of them need to be disciplined around the late-night phone calls that go to all the staff members, the texts, the last-minute requests to rush something onto the agenda. She added that one of the things Mr. Abel has been absolutely phenomenal about is putting his foot down and saying that, “No, that cannot go in two weeks because that agenda is already locked and loaded.” She hopes they will do the same and she thinks it will be a great preparation time for the incoming new manager and for them to ready themselves.

Commissioner Zembower said from his perspective, he agrees with a lot of what has already been said. He has been through this probably a couple dozen times in different organizations. It is always a struggle, but the “cream rises to the top.” They have good employees in this organization; they have great people in this organization. Albeit the County Attorney is going to have one foot one place and one foot somewhere else, and Mr. Abel has done a fantastic job in his time he has been here, but it is, in his opinion, time to move on. Mr. Abel’s intentions have been conveyed to the Board in writing, and Commissioner Zembower stated he thinks this organization will be just fine. Will it be smooth 100%, easy every day, of course not, but that is the challenge before them, and it builds character and it will help their people rise to the top, including themselves. So, he will be supporting this motion.

Commissioner Lockhart opined she would like to further explore the availability of Mr. Abel. She said there is so much going on that Mr. Abel is riding herd on and he knows what is happening and has been intimately involved, and with no offense to Mr. Applegate, he has not. The only other people who have been involved and engaged are the Assistant and Deputy County Managers. Depending upon how accessible Mr. Abel is going to be, the bulk of the heavy lifting is going to be carried out by those two individuals. She wants to be really sure that they are clear that although they are clearly heading in the direction of asking Mr. Applegate to be the Acting County Manager, there is a ton of heavy lifting to be done. She reiterated Commissioner Herr’s comments about recognizing that they cannot be over-burdening with many phone calls and many emails and text messages to that team because they are stretched to the absolute thinnest. She asked Mr. Abel to tell her what it really looks like when he stated he will be available.

Mr. Abel replied that he gave 60 days as is appropriate. He intends to be available for the full 60 days. He has already let the executive team know that he will be available to them way beyond his June 4th retirement. He does not intend to leave the organization or his leadership team high and dry in this transition.

Mr. Applegate stated he would ask the department heads to just keep the status quo until they get someone on board, and that this is not the time, in his view, for any grandiose new projects or plans. If he were asked to have a department head removed, they would have to fire him first, and there will be no changes. Commissioner Herr added she appreciates that Mr. Applegate does not want to make any changes, but they need to be cognizant of the fact that when they throw a tiny little stone into the pond, it creates a ripple effect, and that incudes their staff. So, they need to be doing the same thing in order to make this work.

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

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Chairman Dallari discussed the following: The Purchasing Division’s Vendor Fair; the Development Review Committee’s Land Development Code meeting; the upcoming Evaluation Appraisal Retreat and Veterans’ Appreciation Luncheon, and the reopening of Inspire Café.

Chairman Dallari reported that Tom Jones, a Roads and Stormwater Division employee of nearly 20 years, passed away and asked that they keep his family in their prayers.

COMMUNICATIONS AND/OR REPORTS

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

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

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

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

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

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

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

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

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

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

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

District 5

Commissioner Herr’s report included the Florida Gas Transmission Company in connection with a pipeline that goes under portions of her district, the LYNX board meeting, Seminole County Regional Chamber’s hosting Good Morning Seminole’s event that talked about electric vehicles and a program where they will install charging stations free of charge, and the Seminole County Department of Health tour. They would like her to thank the Board for their help with their walking trail, which goes around the property, and for the trailer that they used for COVID and are now using for community integrated health services including overdose prevention, asthma, and coronary artery disease education and screening.

District 4

Commissioner Lockhart stated she will attend FAC’s Advanced County Commissioner training session, and she did attend the Sharing Center’s Good Samaritan Luncheon. She also mentioned the Inspire Café will be open on Tuesdays and Thursdays.

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Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to present a resolution of commendation and appreciation to Joe Abel on May 24th.

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

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Commissioner Lockhart announced that tonight there is a community meeting with their team from Planning and Development and their consultant from Renaissance. This is the final draft recommendation to the community before bringing that back to this Board about the intention to make Rosenwald a hub for outreach in education, health, recreation, and all sorts of opportunities.

District 3

Commissioner Constantine reported on the Oviedo Winter Springs’ Chamber of Commerce’s Taste of Oviedo event, the Central Florida Expressway PD&E Study on the 414 Expressway – Maitland Boulevard, the Springs Concert with the music of Journey and Queen, the opening and tour at the Altamonte Springs Regional Water Reclaim Facility and their pilot project where they can turn biosolids into energy, the Brews Around the Zoo event, the Rosenwald Community Workshop, and a list of future events.

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Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to send a letter to FDOT District 5 Secretary Jarod Perdue for his new appointment.

Commissioner Constantine stated he has been a tremendous asset to this area and he knows Mr. Perdue will be a tremendous asset for the State of Florida as the new FDOT Director.

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

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Commissioner Constantine commented they really need to have a presentation from the Central Florida Expressway as to what they will probably need from this County and Sanford to facilitate the expressway. He said he calls it the “Airport Expressway.” He would like to put this on a future agenda.

Commissioner Constantine reported that once again, there has been a wastewater spill into the Wekiva from Utilities, Inc. He noted this has been a continuing problem. He asked if staff could put together a letter regarding this Board’s concerns about the lack of overall containment that this company continues to have in the Sweetwater area. He added the Wekiva is an outstanding waterway in Florida and such a precious and valuable resource, and for Utilities, Inc. to be so cavalier in continuing to have spills and dumps in that river is unacceptable.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to send a letter to Utilities, Inc. in connection with the continuing issue of wastewater spills into the Wekiva River.

Chairman Dallari commented that Commissioner Constantine is correct about the Wekiva being a precious waterway, and that it affects the entire aquafer and the Springs as well.

Commissioner Herr questioned sending a letter to the violator that they are appalled when they have no control over them, and said they have not moved the needle. Commissioner Constantine stated this Board has no control over them, but the Public Service Commission does. He thanked her for bringing this up and noted the letter should also be sent to the Public Service Commission. He added that Utilities, Inc. is a private company that they have no control over, but that the County does buy water from them in certain areas.

Chairman Dallari suggested when they look at their overall water master plan and their One Water Solution plan, they look at the opportunity about trying to purchase them. Commissioner Constantine agreed they need to look at that and they had looked at that before, but it was not the right time.

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

District 2

Commissioner Zembower reported on the Seminole Soil and Water Conservation board hosting the State’s Annual Land Judging Competition for middle and high school students active in 4-H and FFA, the Hydrothermal Processing Event in Altamonte Springs, the Medical Examiners Board statistical report from March, and the Orlando Sanford Airport passenger counts. Commissioner Zembower added the airport board voted not to renew President and CEO, Tom Nolan’s contract. Commissioner Lockhart asked about the vote and Commissioner Constantine advised it was 5 to 4.

Commissioner Zembower stated County staff has been engaging with Orange County in connection with Sustanee aka Lake Pickett North as that moves forward. Staff has shared their concerns with this Board via email. He is requesting permission to have staff read into the record at those public hearings in Orange County what their concerns are. Chairman Dallari would like to have the opportunity to discuss that with staff. He thinks they should probably send either himself or Vice Chairman Amy Lockhart, and that is no disrespect to staff, but he thinks it would be prudent to have a Commissioner do that. Commissioner Lockhart opined this Board would probably first need to have a consensus that they share those concerns. Mr. Applegate advised he will get with the Director of Development Services and figure out a time.

Commissioner Zembower distributed a document to the Board (received and filed) entitled “Suggested compensation as a one-time, mid-year consideration.” He said they recently had a discussion on the Board about employee compensation. He has put together a working document that he would like his fellow commissioners to consider. What he has put together is a one-time for those individuals who are most impacted by the current 8.4% inflation ratio and to memorialize this. This is for those making an hourly rate of $14.00 to $19.23, a one-time payment of $3,500. And then they can see the chart as it goes down from there. The process that he has put together is this helps employees that are most in need that show up on a daily basis to do the people’s work. This also circumvents the previous proposal which was a 3% across-the-board, which in fact would have given the highest increase to the most heavily paid in this organization, of which some had already recently received an increase. He has sent this to Finance to ask them to give the Board an impact statement on how this would impact them and this would also take care of the compression issue that is now known from the last action they took. So, he only brings this to the Board to put it on their radar that he has asked staff to give them some numbers on this, and he would like the Board to consider this as soon as possible to get this money into the hands of the people of the most need in this organization.

Chairman Dallari noted they are having a work session on this topic on June 17 when they get the Salary Study back, and he thinks it would be more appropriate to maybe discuss it at that work session.

Commissioner Herr agreed and pointed out that this is exactly the type of thing they have got to be careful about because this needs to be part of a bigger discussion. The 3% was part of a bigger discussion; it was an interim step and was part of a process. Some did not like that and she appreciates that, but now they are going to piecemeal this because this does exactly what was objected to in the previous round.

Commissioner Herr noted they do have “Future Agenda Items” and this is an item that they agreed to in the Code of Conduct that they would bring up. So, this is clearly a Future Agenda Item and not part of a district report.

Commissioner Zembower stated this is the only opportunity he has to speak with his fellow Commissioners so he has put it on the table. It is not what was already presented; it is a one-time payment and this is not talking about an across-the-board increase. He has asked staff to give him input on what those costs would be. If they desire to talk about it on June 17, he would be happy to have that discussion at that point.

Commissioner Lockhart stated a well-thought-out, step-by-step plan was brought to this Board by County staff and it was rejected. They, on the fly, made a decision to increase the minimum wage, shooting from the hip and trying to salve the decision that was made and it created a problem. She believes staff is going to come back with a solution to help fix it. This appears to be another shooting from the hip from the dais: “Here is my solution and let me throw it out there because maybe it will salve some of what was done.” She does not think that continuing to do things like that helps this organization and it throws more things into a tizzy. They need to be very careful, again, about the words they use from the dais and how they use this microphone to speak to their organization and to the community. And after throwing things out like this, she thinks if they were to jump on this without doing the due diligence as a part of a holistic plan, it is going to pour fuel on the fire of an already very tedious situation. She opined it is definitely not appropriate to discuss this at this time.

Commissioner Herr expressed the good news she finds in this is that they are now, it appears, all looking toward a solution for insulating staff against inflation. It sounds like they have more alignment now than they did before, but they are in the weeds on the methodology, which is staff’s job and not theirs. She addressed Mr. Applegate stating she does not think they get to direct staff to do this stuff. This should have gone through Mr. Abel or now, Mr. Applegate. For the future as they are trying to consider well-intentioned items, the protocol is that it goes through the County Manager to direct staff. Mr. Applegate stated that is correct and he could not agree more. This is one of the important issues and he wants everyone to know that they are a team. He knows Lori Bailey Brown is working hard on coming up with a plan.

Commissioner Zembower stated to be clear, he will continue to request input from staff. He is not directing staff to do anything; he is having inquiries. It is his duty to inquire. He has no desire in directing staff on what to do. He understands the procedures, what this Board should be doing, but he will make his inquiries accordingly.

Commissioner Constantine said he thinks that all of them are struggling to ensure that they get the message to staff that they are valued and valued a great deal. There have been a lot of rumors and accusations and questions, and the bottom line is, as Commissioner Herr just said, they are all trying to find a way to make them understand and help them in this very difficult time. Before the across-the-board came up, he mentioned at a public meeting, as the Chairman did, that he had a problem with that, and he said it again in a meeting with staff. He never really felt that he had gotten a full and complete analysis of that, but that is not the point here. The point here right now is that all of them are trying to find a way to make sure that staff knows that they are appreciated and valued, and they understand that many of them are going through a great deal of hardship and difficulty. If the Salary Study comes out and they could do it sooner than June 17, he would love to do it sooner. The bottom line is that all the employees that are out there doing good work for the citizens of Seminole County need to understand that this Board understands and wants to do something as soon as they can do it in a very judicious manner.

Commissioner Lockhart stated there are a couple of bullet points on the document distributed by Commissioner Zembower that she is going to read because it is this spirit that she thinks is causing concern and it is not collegial. She read aloud, “The Zembower Plan – Those who make the least get the most vs. those who make the most get the most under Interim Manager’s Plan. The Interim County Manager and higher paid staff would have made the most under his plan.” Commissioner Lockhart then said there is no reason to distribute something that is demeaning toward someone who has put a lot of time, effort, energy and thought into a plan that, frankly, was brought forward by their staff. It was well thought out, and you can disagree with it, but to frame it in a way that pits one of them against one of their team members and does not allow for this Board to be a team, does not help.

Commissioner Zembower responded stating he appreciates that but it points out the facts. That was the only intent. He had said when he started that this is a working document.

District 1

Chairman Dallari expressed he would like to have a motion to reappoint Heather McCandless to the Contractor Examiner Board. Her term had expired and it is a rotating term for the year 2022.

Motion by Commissioner Constantine, seconded by Commissioner Herr, to reappoint Heather McCandless to the Contractor Examiner Board for the year 2022.

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

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Chairman Dallari reported that he spoke to the principal of Hagerty High School. They had reached out to him and he did a site visit earlier this year. They have an issue with accessing Old Lockwood Road. The interlocal agreement with the County regarding the construction of that school was done in 1996; it is a special exception and also got approval through a site plan at a public hearing. Chairman Dallari distributed a redlined Interlocal Agreement for Public School Facility Planning and School Concurrency between the County, the School Board and the seven cities (received and filed).

Chairman Dallari advised they are trying to expand their back parking lot and this interlocal agreement prohibits them from doing that. He would like to reach out to the School Board. He thinks it should be changed. The interlocal agreement was put in place many years ago because that area wasn’t developed, and it is now developed quite a bit. He opined they should allow them to not only expand their parking lot, but to also change their site plan to allow them to have access onto Old Lockwood Road. He knows it has to be done in a public hearing and he would like staff to help facilitate that with the School Board so they can come back with these changes.

Commissioner Herr remarked her guess is that they are asking for staff to investigate whether from a planning perspective, it is the right thing to do, and if so, then to facilitate it. The Board voiced no objections.

FUTURE AGENDA ITEMS (Item #41)

(1)

Consideration of an Ordinance

Restrict Large Trucks from Using Longwood Markham Road

Commissioner Herr

Commissioner Herr indicated she is officially asking for this ordinance. It is required at this point in time because of the expansion of the highway in that portion of her district. Right now, they have temporary signage up there which has been allowed by FDOT; they actually put signs out on SR 46 to prevent trucks from going down these roads. This road has a residential component in addition to the trail, and those signs are temporary while construction is in place. Before they get taken down and they start allowing trucks down those roads, she would like them to pass an ordinance to get their signs up. They need the ordinance in order for FDOT to put the permanent signs out on SR 46.

Chairman Dallari expressed he thinks there are also other roads they should be looking at too, and they should be looking at it holistically, because when you start doing it for one road, it pushes things to another neighborhood. He wants to make sure that whatever they are doing, they understand how it is going to affect the other surrounding roads, if not other neighborhoods.

Commissioner Herr stated if the Chairman would like her to bring this back all at once with “No Truck” signs on multiple roads, she would be happy to do that. The issue is that they are spinning off of the turnabouts right into neighborhoods with 18-wheelers. Chairman Dallari said there are several roads where he would like to do that as well in District 1. If there is no objection, he would like to make this an agenda item in the future so they can look at this holistically, but more importantly understand the timing so they can make sure they are doing is expeditiously to address those concerns.

Commissioner Herr said if he is asking if there are objections, then she vehemently objects because this is an immediate need for this community. They have been dealing with this since the day she got in office, and prior to that. She does not want to hold up progress for that piece of the community in order to do something holistically that could take years. And they just agreed that for 12 weeks, they are not going to add on any new stuff to people’s plate, and a holistic look is a big thing to add to the staff’s workload. She would like her item to be discussed.

Commissioner Zembower opined he is hearing two different things. He is hearing Commissioner Herr has an immediate problem in her district and that Chairman Dallari is aware of maybe some problems in his district and how that would apply. Can they not just have Engineering do a study and Engineering give them an opinion. Commissioner Herr responded that they have existing signs in the County, so how did they get up; they exist already.

Mr. Abel stated there are existing standards and they are in place. Staff does look at those roads as those issues arise, and that is why some roads have signs on them already. Mr. Applegate added that he knows Senior Assistant County Attorney David Shields has already done research on the authority they have over county roads and the lack of authority they have over state roads without FDOT’s permission. So, they can put a report together on that.

Commissioner Herr explained she already has the report and that is why she is here asking for this because they can put the signs up on county roads, but if you do not put them out on SR 46, the truck goes down the road and then is potentially turning around on the road. She would like to avoid that for the safety of the citizens and the people walking on the trail.

Chairman Dallari said they will try to schedule something expeditiously and also find out when FDOT on SR 46 is making that change.

Commissioner Lockhart stated this request is to have an Ordinance for this specific road come to the Board and there was nothing about asking for other things.

Districts 3, 4, and 5 voted AYE.

Districts 1 and 2 voted NAY.

(2)

Request for Update by SJWMD

Geneva Lens Task Force Report from 1993

Commissioner Zembower

Commissioner Zembower stated he would like to have a report from St. John’s so they all hear what is going on with the Geneva Lens. Commissioner Lockhart asked for clarification if the Commissioner is just asking St. John’s to send them a report or asking them to come here to update the Board in person. Commissioner Zembower stated it is the latter. The Board voiced no objections.

(3)

Request for Work Session

Procurement Process: P-3, CM at Risk,

Owners Rep, Procurement Methods, Intent to Negotiate

Commissioner Zembower

Commissioner Zembower explained he is asking for a future work session where Procurement and Legal can give them a drill down on all the procurement methods so they are all up to speed 100% how they work, what they mean, how long it takes, etc.

Commissioner Lockhart opined she would like to make sure after maybe talking with the Assistant County Manager or other folks who would be taking on the responsibility of establishing work session as to where they are with how many there are, what the calendar looks like, and what type of additional staff time this is going to create before she would give her opinion.

Commissioner Herr noted they have a vacancy right now in Procurement and suggested they not schedule this until they get the perspective of the new leader of Procurement. Chairman Dallari stated his is not disagreeing and they would have to figure out when they could all meet and put it on the calendar, but more importantly, they would have to figure out when staff would have the time to do this.

Mr. Abel stated instead of having the County Attorney’s Office and Procurement put this presentation together that they look at an outside construction management association or an organization that will bring an outside perspective. There are organizations who specialize in training sessions and information sessions of this nature and he thinks, not that staff is not capable, but a third-party perspective will be much more helpful. Commissioner Zembower said he does not disagree. Chairman Dallari said they will take that into account and feels that it is very wise.

(4)

Request for Discussion

Animal Tag/Licensing Program

Commissioner Zembower

Chairman Dallari stated he spoke to Alan Harris, Office of Emergency Management. Mr. Harris is the one who suggested it and he will be putting this on a future agenda, so the request to discuss the animal tag and licensing program will be handled at that time.

Commissioner Constantine clarified that despite what some people have put out there, this is not to increase or put an animal tax on anybody. They would just like to discuss the process they have today and how they can improve it.

PUBLIC COMMENT - Items not related to the Agenda

Scott Banta addressed the Board stating he is with Dreamquest Home Partners in Longwood. He explained they are proposing to build some tiny home neighborhoods in the county for attainable, sustainable housing. He wanted to compliment Rebecca Hammock and Mary Moskowitz and Planning staff in their activities in changing Land Development Code regulations. He said he wanted to introduce them to Appendix Q, which is a building code that Florida adopted last year for 400-square-foot and smaller homes. Also, HB1339 was adopted last year in Florida which allows local government to override some of the zoning in order to provide attainable and affordable housing.

Mr. Banta advised their neighborhoods will be like pocket neighborhoods where the houses will be in circles with front porches surrounding a circular area in the center with barbeque grills, picnic tables and pavilions to promote social connectivity. He would like to come back and talk to the Board about it as they move forward with their progress. He has recently joined the Volusia County Land Development Regulation committee and staff is about to propose a number of changes. The City of Rockledge, the City of Wildwood have adopted tiny home ordinances, Brevard County has one and the City of Deland in Volusia County is very progressive right now in connection with attainable housing. He commended staff and the Board for taking a look at this and said many people in suburban areas are not aware that they have somewhere in the neighborhood of 50,000 people in Seminole County that are living in poverty. He mentioned he is also on the Sharing Center’s Housing committee with Bob Turnage and some other folks, and they are working to do some attainable housing in multifamily complexes. Part of what they are doing here is they want to give back to the community. He has done probably about 85 fairly healthy land development deals in Central Florida since 1983, and it is time to give back. He is glad they are all open to some changes. Speaker Comment Form received and filed.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:12 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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