BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

May 10, 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, May 10, 2022, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Lee Constantine (District 3)

Commissioner Jay Zembower (District 2)

Commissioner Amy Lockhart (District 4)

Commissioner Andria Herr (District 5)

Interim County Manager Bryant Applegate

Acting County Attorney Paul Chipok

Clerk of Court and Comptroller Grant Maloy

Deputy Clerks Chariti Guevara and Terri Porter

OPENING CEREMONIES

Bishop Ronald Johnson, Sabbath Day Church, Goldenrod, gave the invocation. Commissioner Zembower led the Pledge of Allegiance.

Upon request of Chairman Dallari, Commissioner Lockhart introduced SCPS Superintendent Serita Beaman and School Board members Amy Pennock, Karen Almond, Abby Sanchez, Kristine Kraus, and Dr. Tina Calderone, who were present for the 2023 SCPS Teacher of the Year award presentation.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3415

The Business Spotlight for Hoverfly Technologies, Inc., was presented.

Agenda Item #2 – 2022-3400

SCPS 2023 Teacher of the Year

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt appropriate Resolution #2022-R-62 recognizing Julie Gabrovic as the Seminole County Public Schools 2023 Teacher of the Year.

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

Agenda Item #3 – 2022-3414

EMS Week

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt a Proclamation proclaiming May 15^th – 21^st, 2022, as Emergency Medical Services Week.

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

Commissioner Zembower reminded that PulsePoint is available in the county.

Agenda Item #4 – 2022-3404

Mental Health Awareness Month

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming May as Mental Health Awareness Month in Seminole County.

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

Agenda Item #5 – 2022-3402

Legislative Update

Tricia Johnson, Deputy County Manager, addressed the Board to introduce Oscar Anderson, The Southern Group, who presented the 2022 Post-Session Presentation (received and filed). There were some comments made by the Board in regards to property insurance. Commissioner Lockhart inquired if Mr. Anderson had any information regarding the changes to the Florida Retirement System contributions, and Mr. Anderson said he did not but he would get that for them. Chairman Dallari confirmed with Mr. Anderson that even though the gas tax holiday will not affect the fuel tax levied by the County, it will affect the money the State spends in the county. The Chairman requested Mr. Anderson later provide how much of the State’s share will be reduced.

Agenda Item #6 – 2022-3376

2022 Wellness Program Update

Christina Brandolini, Human Resources Director, addressed the Board to introduce Charles Cook, McGriff Consulting. Ms. Brandolini advised the update is being brought forward because it has been six years since the Wellness Program was put in place by the Board. It was a five-year program, but it was tolled in 2020 due to COVID. They are before the Board now to present options and recommendations on how to move forward with the Wellness Program. Mr. Cook addressed the Board to present the 2022 Wellness Program Update (presentation included in the agenda memorandum).

Commissioner Herr clarified with Mr. Anderson the annual physical is with corresponding lab work. From the Commissioner's perspective, you can get the incentive payroll deductions today without hitting the biometric standards through a reasonable alternative standard that asks for the provider and the patient to work together to get to a health-improved status. She would not change it this year with the intention of changing it again should there be a carrier change.

Commissioner Lockhart requested clarification on the recommendation. Mr. Anderson stated the recommendation is to encourage the annual physical with lab work as a positive message this year. The carrier goal would be to capture that lab work. If they wanted to flip the biometrics back on next year, they could do that. Commissioner Lockhart inquired if an incentive-based program as opposed to a "you didn't meet the criteria, therefore it's a perceived punishment" program would help to alleviate employee perception. She agrees with Commissioner Herr that to change it and then change it again probably isn't a great thing from an employee perspective, but at the same time, she likes the idea of moving to an incentive-based program. Mr. Anderson responded having the annual physical with the labs is the equivalent of the current reasonable alternative standard. They want to add incentives. Rather than thinking they would automatically go back to the biometric standard next year, they were hoping to have great momentum with the positive, have everybody with their annual physical, a relationship with their doctor, and still have the payroll deductions.

Ms. Brandolini stated one of the things they want to try to enhance is the ongoing engagement throughout the year. Instead of have a snapshot in time with the physical and the biometrics, it will be something done throughout the year.

Commissioner Dallari called for a motion to move forward and keep what they have or take staff's recommendation or another direction from the Board.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to keep what they currently have.

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

District 1 voted NAY.

Motion passes 4 to 1.

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Chairman Dallari recessed the meeting at 10:43 a.m., reconvening at 10:51 a.m.

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With regard to public participation, Ed Meason, spoke in support of Item #4, Mental Health Awareness Month, and Item #6, 2022 Wellness Program Update.

CONSENT AGENDA

Commissioner Constantine requested Item #11, Minor Plat for Sand Lake Estates, and Item #26, Unilateral Termination for Cause of CC-2772-19, Fire Station #11, be pulled for a separate discussion.

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

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

County Manager’s Office

Business Office

7. Approve and authorize the Chairman to execute the Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding. (2022-3205)

Economic Development

8. Approve and authorize the Chairman to execute a Master Services Agreement Fiscal year 2021-2022 with Orlando Economic Partnership, Inc., in the amount of $406,490 for the purpose of providing economic development services in Seminole County. (2022-3409)

Development Services

Planning and Development

9. Authorize release of Irrevocable Standby Letter of Credit #FGAC-20055 in the amount of $37,551.60 for Estates at Wellington. (2022-3454)

10. Authorize release of Irrevocable Standby Letter of Credit #FGAC-20056 in the amount of $126,103.34 for Estates at Wellington. (2022-3455)

11. Pulled for separate discussion.

12. Authorize release of Private Road Maintenance Bond #SUR0048146 in the amount of $25,482.11 for Hideaway Cove at Oviedo Ph 2 subdivision. (2021-3417)

Environmental Services

Solid Waste Management

13. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN) for Recycling Services of Florida, Inc. effective from October 1, 2021 through September 30, 2022. (2022-3421)

Fire Department

Business Office

14. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN) and Non-Exclusive Ambulance Franchise Agreement for Affordable Transport, Inc. to become effective May 10, 2022. (2022-3422)

Public Works

Engineering

15. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #106 for property interests needed for the Orange Boulevard Improvement Project (730 ± SF) between Carolyn S. Leonard & Richard Earnest Leonard and Seminole County for $19,040.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3393)

16. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #107 for property interests needed for the Orange Boulevard Improvement Project (1,363 ± SF) between Norman & Barbara Sparks and Seminole County for $133,320.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3382)

17. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #1 for 10.48± acres of land between American Seminole County Investments, LLC and Seminole County for early acquisition of property needed for the Midway Drainage Improvement Project (Tax ID #34-19-31-300-001A-0000) for $2,125,000.00, as full settlement of all claim for compensation from which Seminole County might be obligated to pay relating to the property. (2022-3416)

Resource Management

Budget

18. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-63 implementing Budget Amendment Request (BAR) #22-042 through the Public Works Grant Fund in the amount of $425,000 for the Lake of the Woods subdivision grant with FLDEP. (2022-3354)

19. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-64 implementing the Budget Amendment Request (BAR) #22-043, in the total uses amount of $1,892,116, through the Five Points Development Fund (Capital Project Fund) to transfer budgeted interest for the Five Points Line of Credit to a Debt Service Fund ($1,863,130); to establish a new Debt Service Fund for the Capital Improvement Revenue Bond, Series 2021 ($3,181,910); and to address a deficit in the 21200 General Revenue Debt Fund during FY21 ($28,986). (2022-3368)

20. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-65 implementing Budget Amendment Request (BAR) #22-044 in the amount of $500,000 through the Property and Liability Fund reserves to provide additional funding for Property and Liability claims. (2022-3388)

21. Approve the Sheriff’s Office to execute and submit a grant application to the US Department of Justice for the 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects; and authorize the Sheriff to sign future documents relating to the grant. (2022-3394)

22. Approve submittal of a grant application to the U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance FY22 BJA Veterans Treatment Court Discretionary Grant program requesting up to $750,000 to support Seminole County Veterans Treatment Court program; and authorize the County Manager to execute the grant application and supporting documents as required including contract and BAR if awarded. (2022-3395)

MSBU

23. Approve and authorize the Chairman to execute three (3) Satisfactions of Lien for the Lake Sylvan Lake Management Services MSBU [Ordinance 2019-16] Phase I non-ad valorem capital assessments that have been paid in full; Gabriel & Joyce DeJesus, Jill Daab, and Mark & Cherie Vergason. (2022-3364)

Purchasing and Contracts

24. Award BID-604331-22/TKH, Seminole County 911 Communication Center VDV Cabling Project, to Computer Power Systems, Winter Springs, in the amount of $142,960.00; and authorize the Purchasing and Contracts Division to execute the Purchase Order. (2022-3366)

25. Authorize the Mutual Termination of M-602776-17/TLR, Canoe and Kayak Rental Services Agreement, with Adventures in Florida, LLC, Geneva; and authorize the Purchase and Contracts Division to execute the termination. (2022-3383)

26. Pulled for separate discussion.

27. Award RFP-604267-21/LNF, Vending Machine Services, to Compass Group USA, Inc., Charlotte, NC; and authorize Purchasing and Contracts Division to execute the Agreement. (2022-3367)

Constitutional Officer’s Consent Agenda

Clerk & Comptroller’s Office

28. Approve Expenditure Approval Lists dated April 12 and 19, 2022; and Payroll Approval List dated April 14, 2022. (2022-3407)

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

Clerk & Comptroller’s “Received and Filed” Documents

Commissioner Constantine advised for anyone who may be concerned in regards to Item #25, Mutual Termination of M-602776-17/TLR, Canoe and Kayak Rental Services Agreement with Adventures in Florida at Wilson’s Landing, there is an RFP out now to replace the company; and on Item #27, RFP-604267-21/LNF, Vending Machine Services with Compass Group USA, the vendor has agreed to the County’s new plastics policy.

Consent Agenda Item #11 – 2022-3301

Minor Plat for Sand Lake Estates

Commissioner Constantine stated this plat is in the Wekiva River Protection Area (WRPA), in the service area of Sunshine Utilities; but they're going for well and septic tank because the County's policy is 50 lots or more and because they feel the cost for a gravity pump is too much. If they are truly concerned about the WRPA, then they have to take a stand at some point. They are putting in septic tanks when they know that in the future they are going to have to be replaced or be changed in some form or fashion. In addition, because this is just a little bit over an acre, they don't have to put in the upgraded septic tank. The Commissioner requested staff comment. Chairman Dallari requested the County Attorney address it first because this is a minor plat, not a development order or rezone. Commissioner Constantine replied he understands, but he is trying to bring a point up for the future that they have to address this. They cannot deal with it with this plat, but he thinks they have to at least bring the issue to the table.

Kim Ornberg, Interim Deputy Director of Environmental Services, explained the water from that area goes most directly to the Wekiva Springs, so that's why it is considered an area of concern. Staff had talked about potentially, as part of the holistic water policy, looking at septic tanks in this area and across the county. They have also been speaking with Rebecca Hammock, Development Services Director, about looking at it as part of the future Comprehensive Plan.

Commissioner Constantine stated he is pointing out a classic example of the concern he has. They are not able to do anything now, but he thinks that their standards being the minimum standards of the state is way out of line when it comes to the WRPA and not even putting in the more enhanced septic tanks.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart 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 SR 434.

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

Consent Agenda Item #26 – 2022-3456

Unilateral Termination of APM Construction Corp.

Under CC-2772-19, Construction of Fire Station #11

Commissioner Constantine commented this particular fire station has been under construction for quite a long time and is way past due. He understands the reason they have to do what they are doing; but he wants to make sure that that service area is well-protected, and he would like to know when the fire station is now expected to be completed. Fire Chief Matt Kinley responded there has been no change in the protection of that service area. They are still in the current station that they jointly occupy with Altamonte Springs. They still have the same number of units, same number of people that will be moving into the new station, which is across the street, so there has been zero impact to response capabilities.

Jean Jreij, Public Works Director, explained once the Board approves the termination of the contract, staff will be reaching out to get another contractor to finish the station. There is approximately 2% left of the station to be completed. Once they get a new contractor, he will provide an exact date of how long it will take to finish the station.

Upon Commissioner Zembower's inquiry of what method of delivery was utilized with this contract to build the station, Mr. Jreij responded design-bid. Commissioner Zembower inquired if this contractor has built for the County previously, and Mr. Jreij responded no. Commissioner Zembower questioned how this contractor was graded and by whom. Mr. Jreij explained they had the plan and they put it out to bid. The bid responses were reviewed by the Purchasing Department, the Fire Department, and Public Works to make a recommendation on awarding the contract. The Commissioner requested clarification if staff short-listed it, and Mr. Jreij responded no. Staff made a recommendation for the lowest, qualified bidder. It was brought before the Board and the Board approved it. Commissioner Zembower inquired if they were going to be able to recover on the surety bond. Mr. Jreij explained they have contacted the surety bond. However, staff is hoping the funds that have not been paid to the current contractor to finish will cover it, but they won't know until they get a proposal. Bryant Applegate, Interim County Manager, cautioned the Board without getting into specifics, there will be issues with the contractor.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the unilateral termination for cause of APM Construction Corp., of New Smyrna Beach under CC-2772-19/RTB, Construction of Seminole County Fire Station #11; and authorize the Purchasing and Contracts Division to waive the procurement process and contract with a General Contractor to complete the project.

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

REGULAR AGENDA

Agenda Item #29 – 2022-3411

Request for Waiver for Case #21-45-CEB/

Raquel Benavides, Applicant

Patt Hughes, Planning and Development, addressed the Board and presented the request as outlined in the agenda memorandum.

Daryl McLain, on behalf of Raquel Benavides, the Applicant, addressed the Board and explained Ms. Benavides is over 90 years old and on social security. The code enforcement violation was brought forward not by a neighbor but by a code enforcement officer from the City of Sanford who happened to see the property. There is a burnt-down house next door to her that does not have a code enforcement issue. Ms. Benavides has agreed to the purchase of some of her property for the trail system, even though it's going to be approximately 10 feet from her front door. Unfortunately, if this fine is enforced, she will not be able to pay off her mortgage, which the bank is requiring, because her mortgage will exceed what is left from the purchase once the lien is paid; and she will not be able to agree to the purchase of property for the trail. She wants to work with the County. She wants the trail to come in without any objection, but financially she will not be able to do it.

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

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve a total waiver of the Code Enforcement Board lien of $13,100.00, for Case #21-45-CEB on the property located at 3530 Celery Ave., Sanford, Tax Parcel #28-19-31-300-0140-0000, owned by Raquel Benavides, Applicant; and authorize the Chairman to execute the Release of Lien.

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

Agenda Item #30 – 2022-3412

Request for Waiver for Case #18-09-CESM /

Becky Mizzell, Applicant

Ms. Hughes presented the request as outlined in the agenda memorandum. It was determined the Applicant was not present.

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

Commissioner Constantine inquired about the purchase price of the properties from this item and the previous item. Ms. Hammock clarified the County isn't purchasing actual property, it's just purchasing a property interest to have an easement for the trail. Mr. Jreij explained one of the properties is getting about $133,000 and some change, and the other one about 62 something. It depends on the impact and the size.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve a total waiver to the Code Enforcement Special Magistrate lien of $13,450.00, for Case #18-09-CESM, based on the proven financial and medical hardship under the Code Enforcement Lien Amnesty Program, on the property located at 2790 Celery Ave., Sanford, Tax Parcel #29-19-31-300-0180-0000, owned by Becky Mizzell, Applicant; and authorize the Chairman to execute the Release of Lien.

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

Commissioner Constantine stated it seems very misleading when there is a request for a total waiver because of hardship and the County is purchasing property. He doesn't think it is as much a hardship as they want it as part of the agreement that the fine is waived. He is not critical of this one. He thinks they need to crux it in a different circumstance that included with the sale they feel it's in the best interest of the citizens to waive the fee instead of asking for a waiver due to a financial hardship. Commissioner Herr agreed the time for disclosure was when they were voting on the first initiative to purchase the property interest.

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #31 – 2022-3406

Supervisor of Elections Building Update

and County Manager Recruitment Update

Chris Anderson, Supervisor of Elections (SOE), addressed the Board and stated the Board's support of this building project would signify to those that look like him that the struggle they went through wasn't all for nothing. He has done his job and would say now it's time for the Board to do theirs. He reminded that his staff has provided the Board with some information that was requested out of the last meeting.

Commissioner Constantine stated he has never disregarded the need for a new SOE building, but he has questioned the original location and public partnership. He does take concern and object to the fact that he has been called by two different news sources asking him why he is stopping the Supervisor of Elections from being able to build a building. He personally wants it at Five Points. They have all agreed to that. He has not heard one Commissioner state they don't want it there or that they don't want the SOE to have a building there. The Commissioner reminded Mr. Anderson when they first talked, Mr. Anderson got very upset with him because he just didn't approve what Mr. Anderson wanted. The Commissioner then explained he approves of the building, he just doesn't approve of the solution further out from the airport. They are on the same page when it comes to putting it at Five Points and the needs assessment, rooms, and everything. However, he will support his fellow Commissioners in asking important questions because they are doing their due diligence and doing their job to ensure they are appropriating taxpayer money as efficiently and wisely as they can. What Mr. Anderson is asking for is four times the size he has today. The Commissioner is not objecting to the building or putting it at Five Points. However, he does object to the implication that because the Board is asking questions, they are somehow undermining the Supervisor of Elections. They are trying to get the right building at the right size as quickly and as effectively as they can.

Commissioner Zembower stated there have been delays and miscommunication all the way along. He thinks they all agree it is in the best interest of the county and the citizens that the Supervisor of Elections, as well as the other constitutional officers, have appropriate facilities to perform their duties. He would like to see them move forward once and for all and make a decision so they can put this behind them.

Commissioner Herr agrees with everything that's been said. She struggles with the insinuation and the notion that because Mr. Anderson is who he is and has the background that he does that the Board should simply roll over on the taxpayer and give him whatever he asks for. That's just simply not what she was put here to do. She respects that the SOE has a job to do and wants to do it to the best of his ability in a facility that is appropriate to do that, and she would ask that he respect that she has a job to do on behalf of the taxpayers of Seminole County that asked her to step in front of unnecessary spending on their behalf. The Commissioner requested Mr. Anderson walk them through the document that was handed out on the dais today (received and filed) since this is the first time they have seen it.

Mr. Anderson responded to the Commissioners’ comments and reviewed the timeline and different options regarding his building request. He did a survey of 67 Supervisor of Elections and got back about 27 responses. They felt as though the requests that were being asked of him were completely outside the scope of the discussion of the procurement of this new building. They have done assessments and conceptual designs. They have put time and taxpayer dollars behind this. There should be no more delays. There needs to be a decision made, and that decision lies with the Board. There's no more information that he can give to justify it. The Board has seen the building. From the last meeting, the consensus on the Board was they agreed the SOE needs space. If that's the case, then they need to start taking the appropriate steps to make sure that that happens rather than having this back and forth about who did what.

Helen Trovato, Supervisor of Elections Chief Operations Officer, addressed the Board and advised she is here to answer any questions about the design concept, space needs, and anything in general. Commissioner Herr responded the question stands there was a document with some numbers on it that has no explanation whatsoever that was handed out on the dais this morning, and she would like it discussed. Ms. Trovato responded it was conveyed to her that the Board had some questions about the SOE's needs assessment and how they came up with what they would want in a building, how much space they were going to have, and what they did to collaborate with the needs assessment. A company came in and worked with them to do a space study. When they did that, they were asked about linear space and their documents and a bunch of different formulas they have to use for that. They concluded that is really only about 12% of what they use their warehouse space for. While they do have documents they have to keep permanent retention of, it is a small amount of space of what they actually need in their warehouse. So they came up with a better solution to say their space needs are more on voter population and the amount of precincts they have to determine the amount of equipment they need. They took the last 20 years and determined voter population growth and came up with about 70,000 people. With that in mind, they did a 2030 and a 2040 projection and said if they add 70,000, this is how many precincts they are going to need. Based on those precincts, they have precinct bins, equipment, DS200s, and all sorts of things that have to go out to each precinct.

Commissioner Herr requested Ms. Trovato walk them through the numbers on the spreadsheet. Ms. Trovato explained they did a people increase instead of a percent increase because the percent increase is actually smaller and smaller because the base number is bigger and bigger. Between 2000 and 2010, they had about 75,412 more voters in the voter rolls. They did the same thing until 2020 and got 69,067 voters. So they decided to do a rough estimate of 70,000. 2030 is 405,183 projected voters, and 2040 is 477,183 projected voters. From the projected voter numbers, they were able to do a projection of how many precincts they are going to have and equipment needed. Seminole is a small enough county that they don't need two locations to service the voters. With that in mind, they came up with what would be a right-sized building now, ten years from now, and 20 years from now. They were really hoping they could get a building for 20 years from now because that's about where they are right now. They outgrew their current building in 2018 and have been struggling to make things work ever since. Discussion ensued regarding the current building space and future building space.

Commissioner Herr stated she agrees they all want the SOE in one place. They want it efficient, effective, and secure; but they have to get to the right number in terms of how large this space needs to be to minimize the impact to the taxpaying citizens of Seminole County. Ms. Trovato advised there is no industry standard for elections offices so they had to put something together to say how do they determine how much more space they are going to need, and everything is based on precincts. They also had to take into consideration equipment. As technology increases, they are going to need space for those increases as well. There are some elections offices that can prepare all of their election equipment and send it out in rolling cages so their election workers don't come by the day before the election and pick up stuff. That operation is more efficient. Ms. Trovato explained they can't even begin to contemplate doing something like that because there is absolutely no space for them to do it. They are limited in what they can and cannot do by their space.

Commissioner Zembower commented there is nothing on the spreadsheet regarding additional staff that may be needed. Mr. Anderson explained that is in the needs assessment that has been provided to the Board. When he came into office, there were 16 people. They should be at about 25 employees. But because they are out of office space, he cannot hire any more employees. When he came into office, one of the things he noticed was there was no succession planning. There are 172 years of elections experience among his staff. Out of his three most senior individuals, one is leaving next year and another one could leave at any time. Since coming into office, he has implemented a succession plan. He put that in place, but he doesn't want to be crippled by space needs in order to address staffing needs, because he wants to bring people in and get them prepared for election work. They have seen an increase in applications now that they have been able to increase pay. It would be nice if they can get that space so they can start hiring people.

Chairman Dallari agrees the SOE needs more space and it needs to be at Five Points. He also agrees they need to be acting and be proactive. He doesn't see that the need is out of line.

Commissioner Constantine inquired if the Board all agreed they want to do it as quickly as they possibly can. No objections were voiced. The Commissioner asked Mr. Anderson what he is asking the Board to do today. Mr. Anderson responded he is asking the Board to get a motion on the floor to move this project forward. Commissioner Constantine inquired what does Mr. Anderson think the holdup is. Mr. Anderson responded the holdup is the questions after questions out of every meeting.

Commissioner Lockhart stated she has stayed very quiet, has listened a lot, has made several trips to tour Mr. Anderson's office, and had multiple meetings. She wants to get this done because his team needs space to do their job, and they need to be equipped with the tools to serve the citizens. That's what this is about. This is not about Mr. Anderson or different personalities. She wants to make it very clear that he is not being treated any differently than any other constitutional officer in this county. The Board has a responsibility as the elected county commissioners to do a specific job and that involves asking questions. If there have been delays because they have asked questions, that is their job. She just had a meeting with the Clerk yesterday, and she asked a lot of questions. She may have more questions, and the Clerk told her he wants to make sure the Board gets what they need so they feel good about the decisions they are making. That's working together. The Board wants to work with the SOE, and they want to get him the tools that he needs. But the finger-pointing and the blame game and the implication that he is being treated differently is not accurate. She thinks there is Board consensus. She thinks there has been consensus from the very beginning.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve the 45,000 square foot proposal that was brought to the Board at the last rendition that they reviewed with the caveat to work with county staff to ensure that the placement and sizing is capable of future expansion, if that number becomes 52,000 or 55,000 at some later date, if there's a way to design that envelope of that building for future expansion in a cost-effective way.

Under discussion, Commissioner Constantine stated he feels uncomfortable putting a specific size on a building right now. He wants to move forward, but he wants county staff working with the Supervisor to get the right size and then move forward. He does not think they should have a specific size in there as the minimum.

Commissioner Herr agreed. She thinks the taxpayers deserve a second look at this. By all admissions, the concept of collaboration has broken down on multiple occasions in both directions. That, to her, would indicate there's opportunity for a better outcome if they actually have a collaboration between county staff and SOE staff. They need presentations from those that do this for a living in order for the Board to validate that they are doing the best possible things in terms of spending taxpayer money.

Chairman Dallari inquired if the motioner wanted to make clarification or stand on the motion. Commissioner Zembower stated he is hearing they want more presentations, and they want experts to come talk. They have had an expert study performed. He doesn't understand why they want to continue to push this down the road. Chairman Dallari inquired if the motion stands as is, and Commissioner Zembower responded it does.

Commissioner Lockhart stated there is question about the need for 45,000 square feet. There would be some rationale for having staff continue to look at the actual plan and the actual square footage. It's not so much about trust as it is due diligence. She would point back to the courthouse. They were asked for three courtrooms, and they decided to give them one additional courtroom. This Board has a very recent history of making decisions that are paring down requests from other entities. She likes the idea of allowing county staff to work with the Supervisor's team to bring something back but giving the authority to move forward that there will be a building, that it will be at Five Points, but the actual scope and size of that building is to be determined based on more staff discussion.

Chairman Dallari inquired if there was any additional questions on the motion at hand. Commissioner Constantine stated we would like to make a friendly amendment. He inquired of Mr. Applegate if staff would have a problem working together with the Supervisor of Elections to put together a building as quickly as possible. They don't want to have the size mandated at this level, but can county staff work with SOE to put together a plan of action and do it immediately without additional studies and everything. Mr. Applegate responded yes. Commissioner Constantine amended the motion to take out the 45,000 and just call it a building and the rest of the motion stands. Commissioner Zembower agreed to the amendment.

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

Chairman Dallari requested the motion be repeated for clarification purposes.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to move forward approval of the building at Five Points with coordination with county staff, not a square footage in mind, that will come back to the Board at some point for them to understand what that square footage is going to be.

Commissioner Constantine clarified that is not slowing anything down.

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

District 1 voted NAY.

Motion passes 4 to 1.

Commissioner Herr stated they did ask for a short-term and a long-term plan with the notion that none of this is slowing anything down, but the reality and the timeline that was presented last time was that this wasn't going to be ready for the next election. She doesn't necessarily know they need to see a short-term plan. But if they are involved in sourcing additional space for a short-term plan, they probably need to start figuring that out too. Mr. Anderson responded they have been working with county staff to find some adequate space. They took care of that way in advance. The School Board has stepped up to provide training space. Commissioner Herr confirmed with Mr. Anderson that they are good in the short run for the next round of elections and county staff and SOE staff are working together to make this happen.

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Mr. Applegate advised on the County Manager search, they have agreed to the dates of June 8, 9, and 10 for interviews. They are going to advertise for a special meeting on June 10th for the public interviews and public comment. Unless something changes, Bob Slavin, Slavin Management Consultants, will be at the next meeting to announce the finalists for the Board to do their due diligence prior to the interviews. They can either vote on June 10th at the special meeting or June 14th at the regular meeting if they so move to select one.

COUNTY ATTORNEY BRIEFING

Paul Chipok, Acting County Attorney, advised on the Deer Run CUP, staff is working with the consultant on the CUP decommissioning and they have meetings scheduled with the State. More information will be provided as that develops.

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On the Springs Rulemaking, they have been in contact with the consultant, who is on top of the issue. He is working for several jurisdictions and utility companies. The County's interests are aligned with them. At this point, the consultant is monitoring the rulemaking process. The major concern is the definition that they have of the term "harm to the springs," because right now the way the rule is written, it is a no-change standard, which is very strict and very unusual. The consultant will be reporting back periodically. If there are any decision-making points later, it will be brought before the Board.

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Chairman Dallari recessed the meeting at 12:14 p.m., reconvening at 2:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Chariti Guevara, who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS QUASI-JUDICIAL

Item #32 – 2022-0009

Howell Estates #1 Lift Station

Improvements – Rezone Ordinance

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

With regard to public participation, John Horvath addressed the Board stating he lives in the Howell Estates subdivision. He spoke in support. No one else spoke in support or opposition, and public input was closed. Speaker Comment Form received and filed.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt Ordinance #2022-14 enacting a Rezone from R-1A (Single Family Dwelling) to PLI (Public Lands and Institutions) for the relocation of a county-owned lift station on approximately 0.56 acres, located northeast of Princess Gate Boulevard and Dike Road; as described in the proof of publication.

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

PUBLIC HEARINGS LEGISLATIVE

Item #33 – 2022-3396

2022 Water Supply Facilities Work Plan

Comp Plan Text Amendments Ordinance

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

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

Commissioner Zembower reminded he sat on the CFWI (Central Florida Water Initiative) board when all this was taking place and this does fit that plan. He thanked Senator Brodeur who was also instrumental in some of the constraints they may have faced in not being credited for some of the conservation items that this County has done for a couple decades.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt the 2022Water Supply Facilities Work Plan; and adopt Ordinance #2022-15 enacting Comprehensive Plan Text Amendments to the Potable Water, Conservation, and Capital Improvement Elements of the Seminole County Comprehensive Plan to implement the 2022 Water Supply Facilities Work Plan.

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

COUNTY MANAGER’S REPORT

Bryant Applegate, Interim County Manager, had no report.

COUNTY ATTORNEY’S REPORT

Paul Chipok, Acting County Attorney, had no report.

District 5

Commissioner Herr advised she has been asked to sign a letter of support for LYNX (received and filed). They are applying for a grant in connection with the FTA’s FY 2022 Low or No Emission Grant Program for buses and bus facilities.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to authorize Commissioner Herr to execute a letter to the Federal Transit Administration in support of a grant for LYNX to implement a Zero Emission Battery Electric Bus Replacement program.

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

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Commissioner Herr reported with regard to LYNX that ridership is creeping up and beating the national numbers. They were awarded a $4.5 million award on a Volkswagen settlement and they are buying five buses with that. They are going for a grant for the Pine Hills Transfer Station, and the Rosemont facility has been reconstructed per the previous grants.

Commissioner Herr thanked Nancy Acevedo of the Seminole County Sheriff’s Office for putting together the National Day of Prayer which brings together community members of all denominations to pray together. It was an amazing event.

Commissioner Herr distributed a flyer (received and filed) in connection with Skin Cancer Screenings that is hosted onsite. She noted it is the most prevalent form of cancer in Florida.

District 2

Commissioner Zembower indicated he met with the Agriculture Commission about “Agriculture in the Classroom.” He passed all the information on to the Seminole County School Board. There is money there based off of student count and the classes that are taken.

Commissioner Zembower discussed past and future events/meetings and reported on the Orlando Sanford International Airport work retreat and passenger counts.

District 4

Commissioner Lockhart commented Seminole State College had their Spring Commencement at UCF and it was the first in-person graduation that they had been able to have in several years. She congratulated all the graduates.

Commissioner Lockhart stated the Foundation for Seminole County Public Schools had a thank-you event at Hamilton Elementary School. It was recently redone, and it is a phenomenal science, technology, engineering and mathematics focused magnet school.

Commissioner Lockhart noted in connection with the Rosenwald School, many know the history of Julius Rosenwald and the impact he had on schools in the United States for African American students. His great grandson, Dave, reached out to her office this last week. He saw the story about the Rosenwald School becoming a community center, and he was very touched. He was very interested in knowing whether or not the Rosenwald name would continue with that project. It would be the first Rosenwald Community Center in the country.

Motion by Commissioner Constantine, seconded by Commissioner Herr, that the Rosenwald name be kept and incorporated in the community center project.

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

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Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to appoint Raven Arscott to the Library Advisory Board.

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

District 3

Commissioner Constantine talked about previous events he attended and then listed future events. He noted they have at least four scholarship applicants for the Florida Association of Counties and all four are students in Seminole County.

Commissioner Constantine reported that Sustanee in Orange County has withdrawn, but he has heard they are going to reapply.

CHAIRMAN’S REPORT/District 1

Chairman Dallari requested authority to send a letter of congratulations to John Tyler who is now the District 5 Secretary for FDOT. He added he would also like to send a letter to the past Secretary, Jared Perdue. The Board voiced no objections.

Chairman Dallari reported that some time this summer, SunRail will be holding a workshop about the transition. He distributed a letter from Volusia County addressed to the members of the Central Florida Commuter Rail Commission regarding some of the issues with SunRail (received and filed). He noted he has a meeting with the consultant and county staff about this at the end of next week to get into some of the details. Before the workshop at SunRail, he is hoping to schedule a workshop here as well so staff can brief the Commissioners all together and he can get direction as to what they want and do not want. He said they first have to find out some details about the transition; this Board has not accepted it yet.

Chairman Dallari stated he received a request from Oscar Juarez who would like a letter of support for a new hotel that he wants to build near the airport. Acting County Attorney Paul Chipok penned the letter and Chairman Dallari would like authority to execute it on behalf of the board. It is basically stating that the Board supports hotels in general around the airport. Mr. Chipok noted the letter also states that it is still subject to the normal permitting process for right-of-way.

Commissioner Zembower stated he would like to read through it first, but if they are just supporting that someone can build a hotel, he is good with that.

Commissioner Herr noted for clarification that the letter does not state they are in support of a hotel but that they are in support of his organization building a hotel, so this correspondence is supporting a specific organization, which she is fine with but that is different from what they are saying. Commissioner Zembower agreed and stated he thinks the Airport should be part of this discussion as well since it impacts Red Cleveland Boulevard.

Mr. Chipok explained this is specifically from Mr. Juarez and his association, Juarez and Associates, for property that he currently owns for a named, flag hotel on his Red Cleveland property and asking whether the Board would support, in general, a hotel in that area. So the letter does say that while they support the hotel and project in concept, the permitting must go through the normal permitting processes.

Commissioner Constantine commented he has no problem with a hotel being built on Red Cleveland, that is where they are supposed to be. Any concerns or problems can be vetted out during the planning process. He wants to be careful that they are just not saying they want a certain someone’s hotel.

Commissioner Zembower discussed the history of the intersection of Red Cleveland and Lake Mary Boulevard saying it is owned by the County, the entranceway on that corner to the airport; they own the drainage there, and then of course, there was a whole discussion about how that property was purchased from the Airport some 20+ years ago, which then ultimately ended up that the Airport had to give $900,000 back to the FAA when the whole topic came up about Red Cleveland access to this property that is owned by Mr. Juarez and how that would be facilitated. He does not have a problem with a letter stating that they support economic development and hotels in that general area, but he thinks they need to be careful if they do not include the airport in understanding what has already transpired over the last couple of years. As they may recall, they had two unsolicited individuals ask the County to sell that property to them. This Board gave direction to the then County Manager to get an appraisal on it, which she did, and they have not moved any further forward since that time.

Chairman Dallari stated they will rework the letter and bring it back at the next board meeting. Commissioner Lockhart indicated she was aware of the history, and is still in support of the letter, so however they choose to rework it.

COMMUNICATIONS AND/OR REPORTS

1. Letter dated April 18, 2022, to the BCC, from Traci Houchin, Clerk, City of Sanford, regarding Notice for Ordinance No. 2020-4689 annexing a 4.33-acre property between Marquette Avenue and Kentucky Street and between the Skyway Drive and Sipes Avenue boundary.

2. Letter dated April 19, 2022, to the BCC, from Cathy LoTempio, Deputy Clerk, City of Sanford, regarding Notice for Ordinance No. 2020-4693 for a 38-lot, single-family subdivision between Celery Avenue and Swansfalls Terrace and Chickasaw Drive and Cameron Avenue.

3. Letter dated May 2, 2022, to Property Owner from the City of Oviedo, regarding Ordinance No. 1723 amending the zoning map of approx. 3.8 acres of land, generally located on the south side of E. Franklin Street and approx. 864.7 ft north of SR 419, from residential (R-1) to office commercial (O-C).

ITEMS FOR FUTURE AGENDA

(1)

Backyard Chicken Program Ordinance

Commissioner Lockhart

Commissioner Lockhart commended staff and the prior Board and community for putting in a backyard chicken program at the time that they did. She opined it is a wonderful program and there are many elements that have proven to be very successful. As someone who is a backyard chicken holder and having gone through the process, she has talked with staff and she thinks they see some opportunities for maybe some streamlining and maybe even some areas that could be less impactful on staff so they do not have to be quite as heavily involved and engaged in some of it. Because the Ordinance is in their Administrative Code and not in their Land Development Code, people who would apply for this permit do not have any ability to appeal and the Planning Manager does not have the ability to even give any sort of variances within the Admin Code. So, she thinks there are opportunities for some minor tweaking and also, in some of her research she has learned that not many people apply to be a part of the program and she happens to know a lot of people who have backyard chickens. So if they can somehow encourage more participation, she thinks it would be fantastic. She would love to have the consensus of the Board to work with staff and have them bring back some potential changes.

Motion by Commissioner Constantine, seconded by Commissioner Herr, to support Commissioner Lockhart’s request to work with staff in order for them to bring back an amended and updated Backyard Chicken Program Ordinance for consideration and to include it in the Land Development Code in order to add an appeal and/or variance process in connection with the program.

Upon Commissioner Zembower’s request, Kim Ornberg, Interim Deputy Director of Environmental Services, addressed the Board to explain the Sentinel Chicken Program they have for mosquito control. Commissioner Lockhart clarified that that program is not in any way related to the current Backyard Chicken Program or the Ordinance. She would hesitate to combine the conversations because it might cause confusion. Ms. Ornberg added because the chickens have to be bred in the Sentinel program as very clean with no disease, there are a lot more caveats to that.

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

(2)

Potential Work Session

Operating Policies and Procedures for the BCC

Commissioner Lockhart

Commissioner Lockhart noted they adopted those policies a couple of years ago and she thinks it might be time for them to sit down with the County Attorney and the County Manager and just have the five of them go through how it is working and things they might want to change. She believes it might help them to hold the BCC meetings more efficiently at times if they all agree on what this means.

Commissioner Herr questioned from a timing perspective, whether that would be post County Manager interviews or prior to that. She thinks it would be helpful for them to decide even before the selection of a new County Manager how they want to operate rather than having someone new come in and have them still not be fully aligned with what they currently have in place.

Commissioner Zembower said if it makes sense, maybe the acting county manager and attorney could meet with the commission members individually to go through it rather than all sit down at a big workshop. They always beat things just to try to shortlist what people might want to deal with. Commissioner Lockhart noted the same process took place two years ago to create this document. The then county manager sat with each of them and asked for feedback and each Commissioner gave feedback individually to her and then this came forward, and there was never really an opportunity for all five of them to really discuss it. And she has since learned there are some things in there that maybe not everybody really did agree on. So that can get cleared up if they are all sitting around the same table together. She knows their time is precious but she just wanted it to be on the table as a topic they need to tackle.

Mr. Chipok stated, as an attorney, his job is to know what the rules are and know how to apply the rules, and if they don’t like the rules, know how to change the rules. He thinks following that line of reasoning, the first thing they need to do collectively is to know what is in the book. It is an education session on what is in the book now. And then the next step would be how do they implement that and then third, if there are needed changes, that is where they need to proceed. The first step is the education and he would say they should move forward with that immediately with the county manager’s permission, of course, and then hold off on any changes until after they have the new county manager in place. Commissioner Lockhart commented that is great advice and Chairman Dallari said they will move on that direction then.

PUBLIC COMMENTS (Items not related to the agenda)

Bill Hyde addressed the Board to advise that the Florida’s Fallen display will take place from May 22 through June 3, and crosses will be placed at the Oviedo Cemetery. This is sponsored by the First United Methodist Church and the American Legion Post 243. There will be over 400 Crosses displayed representing Florida’s Fallen since 9-11. There are Metals of Honor winners’ markers, Navy Cross winners and Navy Seals. On Memorial Day, there will be a short tribute and ceremony in Oviedo.

Mr. Hyde announced at the end of June every year there is an event called Field Day. Amateur Radio puts on public display emergency communications capabilities that this County has that is free of charge by ham radio operators throughout the county. This will be held at Central Winds Park on the 25^th and 26^th.

Mr. Hyde thanked the Commission and the County for the Veterans’ Luncheon that they put on. He noted Seminole County is number one in a lot of veterans’ books around this area because they actually walk the walk and talk the talk.

Chairman Dallari stated a number of years ago, Mr. Hyde requested a resolution identifying the short ham radios on Field Day, and offered to do that again this year. Mr. Hyde will get the information for the Chairman.

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Joe Humphreys addressed the Board and displayed an aerial photo showing Orange Boulevard and the Lansdowne development. He noted this was approved by the Commission for development some time ago and then showed a photo saying that it shows what Orange Boulevard looked like at that time and then what it looks like today. He explained that he has gotten numerous phone calls about the large of amount of fill they are putting on this property. He opined they are creating a mound that is surrounded by low lands.

Mr. Humphreys stated he knows Chairman Dallari has asked many times about how much fill they are putting on this property. He opined that it is three to four feet. The neighbors are very concerned about what is going to happen with the flooding. They already have had flooding issues there. He is trying to find out how they make those kinds of decisions. No one ever anticipated in that area, that he has talked to, eyeball level fill. He noted he has emailed all the photos (received and filed) to each of the Commissioners and he heard back from Joy Giles (Senior Planner) who said he should talk to Bill White (Professional Engineer, Public Works).

Mr. Humphreys said he has raised concerns about communication issues before and wondered how they get to those decisions. The question is who is talking to whom. When the Board voted for this, he does not think they anticipated that this is what they were going to get. He asked the two Commissioners that voted for this to take a serious look at this and ask themselves if this is what they would want in their backyard.

Commissioner Lockhart asked Mr. Applegate to work with staff to get the Board members a follow-up to this.

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Mike Benzer addressed the Board to thank Chairman Dallari stating he is the only one that has called him back. He stated he would like to address the fleecing of the Seminole County residents. He was recently in a doctor’s office in Orange County when the Seminole County Fire Department went across county lines to transport him to the hospital. Then not only did they bill his insurance, now they are billing him a balance. They pay taxes for that and he knows there is an obscure Florida statute that allows every county in the State of Florida to do this, run a monopoly with their fire and rescue services. And they are also the ones that determine which agencies that run ambulance services can or cannot operate in Seminole County.

Mr. Benzer opined just because Seminole County can, like every county, charge citizens money for running rescue services and having a monopoly does not mean they should. It should be an open market. He asked where the money goes. He added they get the insurance money and still bill the constituents of Seminole County.

Commissioner Zembower asked Fire Chief Matt McKinley to give an overview of how the system works. Chief McKinley indicated they do run emergency services in Seminole County; the Board saw fit to do that in the 90s when they used to have private ambulance services that also ran emergency transport for that continuity of care along with the costs that those private ambulance services typically charge. He would challenge anyone to look at what the private companies charge for that type of service. The County is much cheaper. He explained that that is not part of what taxpayers are paying for. That transport service is extra. Fire does handle that and supplements that service in the area. If they run a call to someone’s home but do not transport them, there is no cost involved; but the actual transport does have a fee. That is found in the Administrative Code which has been voted on in the past.

Commissioner Zembower wanted to confirm that they have cross-jurisdictional agreements. Chief McKinley responded that they have those agreements with Orange County and the cities in Seminole County. They always send the closest unit; it does not matter what the jurisdiction is, and the fee is whatever that municipality’s fee is.

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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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