BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

May 24, 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 24, 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)

Deputy County Manager Tricia Johnson

Acting County Attorney Paul Chipok

Clerk of Court and Comptroller Grant Maloy

Deputy Clerks Kyla Farrell and Terri Porter

OPENING CEREMONIES

Pastor Victor Blair, Fountain Head Baptist Church, Oviedo, gave the invocation. Commissioner Lockhart led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3424

Veteran of the Month

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming Master Sergeant Edward T. O'Brien, United States Army, as Seminole County's May Veteran of the Month.

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

Agenda Item #2 – 2022-3440

Memorial Day 2022

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt a Proclamation affirming May 30, 2022, as Memorial Day in Seminole County.

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

Agenda Item #3 – 2022-3405

Joe Abel Retirement Resolution

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to adopt appropriate Resolution #2022-R-66 recognizing Joe Abel, Deputy County Manager, for 15 years of service to Seminole County Government and its citizens.

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

Agenda Item #4 – 2022-3441

Special Olympics

Danny Trosset, Director of Sports Tourism, addressed the Board and presented a video showcasing the Special Olympics preparation for the USA games. He discussed the 2022 Special Olympics and introduced Danielle Hogan, Community Engagement Manager, Special Olympics of Florida. Ms. Hogan addressed the Board and discussed Seminole County’s athletes participating in the Special Olympics.

Agenda Item #5 – 2022-3442

County Investment Advisor Report

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

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

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

Chairman Dallari asked the Clerk if he had any comments, and he did not.

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

CONSENT AGENDA

Deputy County Manager Tricia Johnson announced Agenda Items #18, Term Contract for Disaster Debris Hauling, and #24, Non-Ad Valorem Variable Rate Assessments for Tax Year 2022, are being pulled and moved to the June 14 BCC meeting. Also, Ms. Johnson noted add-on Agenda Item #32, Purchase Agreement for Property Needed for the Sand Lake Road Turn Lane Project.

Chairman Dallari requested Agenda Items #15, Resolution Prohibiting Trucks on Longwood Markham Road, and #17, Term Contract for Employee Medical Insurance, be pulled for separate discussions.

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

County Manager’s Office

Office of Emergency Management

6. Approve and authorize the Chairman to execute the Lease Agreement with The District Board of Trustees of Seminole State College of Florida for use of Seminole State College - Altamonte campus property as a temporary staging area for administrative purposes. (2022-3444)

7. Approve and authorize the Chairman to execute the Memorandum of Understanding with Hispanic Family Counseling. (2022-3445)

Community Services

Business Office

8. Approve and authorize the Chairman to execute the State of Florida Department of Health Amendment #A1 for Contract Year 2021-2022. (2022-3425)

Community Development

9. Approve and authorize the Chairman to execute the SHIP Local Housing Assistance Plan (LHAP) for program years 2022/2023, 2023/2024, 2024/2025; appropriate Resolution #2022-R-70; the Certification to Florida Housing Finance Corporation; and allow staff to submit the LHAP and any additional requirements to the Florida Housing Finance Corporation (FHFC) for review and approval. (2022-3426)

10. Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of April 2022. (2022-3423)

Environmental Services

Solid Waste Management

11. Approve and authorize the Chairman to execute Certificates of Public Convenience and Necessity (COPCN) for GLE Scrap Metal-Florida, Inc., Load & Go Dumpsters, Inc., and Orlando Waste Paper Company, Inc., effective from October 1, 2021, through September 30, 2022. (2022-3446)

Public Works

Business Office

12. Accept a proposed mediated settlement agreement between Seminole County and Hamtaee Enterprises, LLC as to Parcel 103 of the Oxford Road Improvement Project in the Seminole County v. AutoZone Inc., et al. eminent domain case. (2022-3449)

Engineering

13. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #127 for acquisition of property interests needed for the Orange Boulevard Improvement Project (7,941 ± SF) between John B. Wakefield and Peggy S. Wakefield and Seminole County for $95,000.00, as full settlement of any claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3433)

14. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $7,130.00 between Karina Castillo Blanco, f/k/a Karina Mojica Castillo (owner) and Seminole County for a drainage easement necessary for improvements to and continued maintenance of an existing drainage outfall under Willow Avenue, in Altamonte Springs. (2022-3435)

32. Consent Agenda Item number not sequential - Approve and authorize the Chairman to execute a Purchase Agreement related to Parcels No. 1 and No. 2 for acquisition of property needed for the Sand Lake Road Turn Lane Project between Loyal Green, LLC; 915 SLR, LLC; and Seminole County for $146,000.00, as full settlement of all other claim for compensation from which Seminole County might be obligated to pay relating to the parcels. (2022-3457)

Traffic Engineering

15. Pulled for a separate discussion.

Resource Management

Budget

16. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-68 implementing Budget Amendment Request (BAR) #22-045 in the net amount of $298,842 from reserves in the 2014 Infrastructure Sales Tax Fund to cover increased project costs related to Mast Arms and Road Construction. (2022-3434)

Purchasing and Contracts

17. Pulled for a separate discussion.

18. Moved to the June 14, 2022, BCC meeting the request to award RFP-604256-22/TKH - Term Contract for Disaster Debris Hauling to D&J Enterprises, Inc., Auburn, AL (Primary); Ceres Environmental Services, Inc., Sarasota (Secondary); and Ashbritt, Inc., Deerfield Beach, FL (Tertiary); and authorize the Purchasing and Contracts Division to execute the agreements. (2022-3410)

19. Award RFP-604295-22/TKH - Term Contract for Seminole County White Goods and Scrap Metal Recycling Services to Trademark Metals Recycling, LLC, Orlando; and authorize the Purchasing and Contracts Division to execute the agreement. (2022-3399)

20. Approve Change Order #1 to CC-3773-21/GCM Yankee Lake Water Reclamation Facility (WRF) Repair and Rehabilitation Project to McMahan Construction Co. Inc., in the amount of $41,630.80; and authorize the Purchasing and Contracts Division to execute the change order. (2022-3408)

21. Approve continuing SS-601846-11/BJC - CAD (Computer Aided Dispatch) Analyst and ADAM (Apparatus Deployment Analysis Module) Tool Applications Maintenance, Support, Updates and Upgrades with Deccan International, San Diego, CA; and authorize Purchasing and Contracts Division to execute the documents. (2022-3385)

22. Approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act, and authorize the Purchasing and Contracts Division to execute one (1) Agreement for PS-4139-22/MAG - Deer Run Community Park Master Plan and Design; and approve and authorize the Chairman to execute appropriate Resolution #2022-R-69 implementing Budget Amendment Request (BAR) 22-046 in the amount of $172,500.00 from the General Fund reserves for the Master Plan. (2022-3387)

23. Award RFP-604273-22/LNF - Term Contract for Aquatic Maintenance Services to Chuck Robinson Concrete and Bob Cat, Inc., Pierson; and authorize the Purchasing and Contracts Division to execute the agreement. (2022-3386)

MSBU

24. Moved to the June 14, 2022, BCC meeting the request to approve and authorize the Chairman to execute a resolution confirming the Non-Ad Valorem Variable Rate Assessments for tax year 2022. (2022-3397)

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

Consent Agenda Item #15 – 2022-3439

Longwood Markham Road Truck Restrictions Resolution

Chairman Dallari stated he would like to have more information on this item. At Chairman Dallari’s request, Jean Jreij, Public Works Director, addressed the Board. Chairman Dallari asked if this item requests “no through truck traffic” on Longwood Markham Road, and Mr. Jreij answered it does. He added they already have “no through trucks” on this road. The Resolution will request FDOT to keep the signs on SR 46 permanently. They are just there temporarily for the duration of the construction of Wekiva Parkway. Chairman Dallari stated he doesn’t see any fines or anything, so he questioned how it gets policed. Mr. Jreij replied it is up to the Sheriff’s Office as to how they want to enforce it. The Resolution is only to keep the signs permanently on SR 46. Discussion ensued. It was determined that the Sheriff’s Office has agreed that this Resolution would be enforceable.

Commissioner Zembower pointed out this is beneficial to commercial drivers. Whether it’s enforced or not, this gives a commercial driver a heads up that if they go down that road, they may get their rig stuck, run over yards and sidewalks, or have interactions with signage or trees. It’s an informational process to inform a commercial driver that this is not an area they would be best served because they may not get out in a reasonable fashion.

With regard to public participation, David Brown and Joe Humphreys spoke in support; no one else spoke, and public input was closed.

Public Comment Forms were received and filed.

Chairman Dallari stated safety is the County’s main concern, and he wants to make sure they continue this in other neighborhoods that have similar issues.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2022-R-67 requesting the State of Florida Department of Transportation (FDOT) continue to post signs on SR 46 near Longwood Markham Road prohibiting trucks on Longwood Markham Road except for local deliveries.

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

Consent Agenda Item #17 – 2022-3427

Term Contract for Employee Medical Insurance

Chairman Dallari stated he had hoped that they would see presentations from all of the vendors, but was told that was not necessary. He wants to get a feel from the Board before he starts asking questions and asked if anyone wanted to see a presentation. Commissioner Lockhart replied having read all of the comments and rationale from the many team members who served on the evaluation committee and talking to them subsequently, she is very comfortable and confident with the work that they did. Commissioner Zembower responded although he may have desired to see a full-blown presentation, he has interacted with staff enough and the consultant to have his questions answered. He certainly would like to hear the Commissioners’ inquires, if there are any. Commissioner Herr stated she thinks it’s important to protect the purchasing process and the integrity of the purchasing process. If they get to a point where, as a Board, they are bypassing or usurping the process, it does change the respondents’ approach; and that is an exceptionally dangerous thing to do particularly with health insurance. She has looked at the proposals in detail, and she thinks there were two front-runners that were amazing. It can be very easy to be wooed into the notion that not changing is easier or the right thing to do. The financials in this instance are unavoidable. If they don’t make a change, any money that they hand over to the medical plan that is unnecessary is money that is taken out of the salaries for the employees; and they are not in a position to do that. She is completely comfortable with staff’s recommendation.

Chairman Dallari voiced his concerns, such as capitation and the Wellness program, and the Board asked staff and their insurance consultant some questions. Discussion ensued.

Commissioner Herr stated she would like a verbal confirmation that for other programs that may be installed that are cutting edge, such as the opioid prevention program implemented elsewhere in the county, they will get data at the prior authorization or pre-cert level facilitated. They need a verbal confirmation on that and on the pharmacy data. Christine Castellvi, Vice President of Sales for Cigna, addressed the Board and advised that the County will receive full transparency to paid claims under their contractual provisions. She stated they have a long history of being very transparent and very receptive to working with any one of their clients, along with a book of business that includes a very broad set of municipal; they fully intend to support, participate, and communicate any of those claims.

Chairman Dallari asked a few more questions to their insurance consultant.

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

Motion by Commissioner Zembower, seconded by Commissioner Herr, to award RFP-604316-22/TKH - Term Contract for Seminole County Employee Medical Insurance to Cigna Health and Life Insurance Company, Bloomfield, CT; and authorize the Purchasing and Contracts Division to execute the agreement/documents.

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

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Although Agenda Item #23, Term Contract for Aquatic Maintenance Services, had already been approved, Joe Humphreys spoke in opposition. He pointed out that a portion of this contract includes the spraying of herbicides. Mr. Jreij stated that is a continued contract on an as-needed basis. They use this throughout the county on different projects; mostly for MSBUs, dredging, and sometimes for chemical spray for weed control. The type of chemicals they use are approved by DEP and other agencies. It does not impact any bodies of water or animals. Kim Ornberg, Interim Deputy Director of Environmental Services, addressed the Board and explained this contract includes the ability to use aquatic herbicides, but it is not the main focus; the main focus is to utilize it for dredging and the removal of sediments for the restoration of lakes, streams, and ponds. They do utilize aquatic herbicides as needed as part of an integrated management; and as part of that, they do biological controls. She confirmed that the herbicides are approved by FDACS.

Commissioner Herr stated she doesn’t see a restriction in the agreement that says what they use needs to be what the County uses. So perhaps a good takeaway could be that they just shore up the agreement to make sure that they’re not using things that the County wouldn’t deem appropriate. Ms. Ornberg stated there is language that requires there be licensed applicators; and as such, licensed through the State means that they are following the State regulations as outlined by FDACS, utilizing only the appropriate herbicides that are available for aquatic uses, and only using them according to labels. But if needed, they could make adjustments. There were no more comments.

Constitutional Officers’ Consent Agenda

Clerk & Comptroller’s Office

Item #25 – 2022-3438

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve Expenditure Approval List dated May 3, 2022; Payroll Approval List dated April 28, 2022; and BCC Official Minutes dated March 22, 2022. (2022-3438)

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

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

Clerk & Comptroller’s “Received and Filed” Documents

1

Amdmt #1 to W.O. #1 to PS-3214-20/HDR Engineering

2

Amdmt #1 to W.O. #17 to PS-1666-07/Inwood Consulting Engineers

3

Amdmt #1 to W.O. #20 to PS-1522-17/Tierra

4

Amdmt #1 to W.O. #27 to PS-1522-17/Professional Service Industries

5

Amdmt #1 to W.O. #33 to PS-1822-18/Jacobs Engineering Group

6

Amdmt #6 to W.O. #3 to PS-0426-15/Greenman-Pederson fka Horizon Engineering Group

7

Amdmt #9 to W.O. #40 to PS-0009-21/Inwood Consulting Engineers

8

Approval D.O. #22-30000010, 1933 Hewett Ln, Ramos/#22-30000011, 2627 Pinyonpine Ln, Tiwari/22-30000012, 4855 Rock Rose Lp, Simeonov/#22-30000013, 950 High Point Lp, Todorovic/#22-30000015, 2219 Driftwood Dr, Matos

9

Approval D.O. #22-30000016, 2112 Eastbrook Blvd, (No name)/#22-30000017, 3130 Lincoln St, Hampton/#22-30000018, 211 Flamingo Dr, Howarth#22-30000019, 504 Enderby Pl, Gabel

10

Bill of Sale Accepting Water & Wastewater/Tesoro Townhomes dba Townhomes at Rivers Edge

11

C.O. #1 to CC-3883-21/US Veteran Contractors

12

C.O. #1 to CC-3915-21/US Veteran Contractors

13

C.O. #4 to CC-3283-20/Jr. Davis Construction

14

C.O. #4 to DB-2551-19/Wharton-Smith

15

Cash Maint Bond/Maint and Escrow Agrmt/$19,625.49/Tesoro Townhomes dba Townhomes at Rivers Edge

16

City of Longwood Annexation Ordinance #22-2223/5.04 acres for 4 parcels located off south US Hwy 17-92

17

Conditional Utility Agrmt for Water & Wastewater/Rocwell Hickman LLC/Lot 3 at SR 46 & I4

18

DCA #21-20500035/Cove at Riverbend PD/First Pentecostal Church of Sanford

19

First Amdmt to CDBG Program Subrecipient Agrmt PY 2021-22/Kathleen Anderson Comprehensive Work Center d/b/a Inspire (as approved by the BCC on July 27, 2021)

20

First Amdmt to ESG-CV Subrecipient Agrmt-Prevention PY 2021-2022/The Christian Sharing Center (As approved by the BCC on 07-27-2021)

21

First Amdmt to PS-0201-15/Environmental Research and Design

22

First Amdmt to RFP-604087-21/The W-T Group (WT)

23

Fourth Amdmt to IFB-602969-17/Palmdale Oil Company (Primary Contractor)

24

M-4358-22/Jacobs Trail Drainage/Singhofen & Associates

25

Maint Bond #EACX4016993/$23,826.14/Eastgrove aka Cameron Heights Village B

26

Maint Bond #EACX4016994/$185,928.97/Eastgrove aka Cameron Heights Village B

27

Parks Contract for Services/Eric Geyer

28

Parks Contract for Services/Eleanor Duffy

29

Perf Bond #CIC1922712/$53,900/Celery Point aka Estates at Rivercrest/MI Homes of Orlando

30

Performance Bond #1094731/$3,593,962.86/Recording of Plats/Towns at Tuskawilla Commons

31

PS-3973-21/Construction Management Services Agrmt/Project Management Advisors (PMA)

32

Restrictive Use Covenant/Habitat for Humanity of Sem Co and Greater Apopka/1577 Dixie Way (As approved by the BCC on 07-27-2021)

33

Restrictive Use Covenant/Habitat for Humanity of Sem Co and Greater Apopka/1581 Dixie Way (As approved by the BCC on 07-27-2021)

34

Restrictive Use Covenant/Habitat for Humanity of Sem Co and Greater Apopka/1582 Dixie Way (As approved by the BCC on 07-27-2021)

35

Restrictive Use Covenant/Habitat for Humanity of Sem Co and Greater Apopka/1816 Alexander Ave (As approved by the BCC on 07-27-2021)

36

Restrictive Use Covenant/Habitat for Humanity of Sem Co and Greater Apopka/2032 Williams Ave (As approved by the BCC on 07-27-2021)

37

Second Amdmt to IFB-603118-18/Borem Fire Protection

38

Tourist Tax Funding Agrmt for FCSAA State-NJCAA Region 8 Softball Tournament/The District Board of Trustees of Seminole State College of Florida

39

Utility Easement/Lake Sylvan Oaks/Lake Sylvan Oaks HOA

40

W.O. #10 to PS-1473-17/S2L

41

W.O. #2 to RFP-3864-21/Connect Consulting

42

W.O. #54 to PS-1822-18/CPH

Chairman Dallari recessed the meeting at 11:23 a.m., reconvening at 11:36 a.m.

Supervisor of Elections Office

Item #26 – 2022-3448

Philip Kaprow, General Counsel, Supervisor of Elections, addressed the Board and presented the item as outlined in the agenda memorandum.

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

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve the Supervisor of Elections 2022-2032 precinct boundary proposal.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Ms. Johnson advised now that the Board has selected a medical RFP, they will be putting communication out to all employees this afternoon regarding the new provider and what that process will look like. Community Relations, Human Resources, and McGriff (insurance consultant) are working together and will be working with Cigna to get their marketing pieces out. They will also be scheduling ongoing education opportunities for their employees. They want to give staff as much time and information as possible to prepare.

Chairman Dallari suggested Ms. Johnson talk to the consultant to get a timeline and provide that timeline to staff, and Ms. Johnson responded she will absolutely do that. Commissioner Zembower asked if they would be employing additional assets on behalf of the employees to have a reasonable timeline of interaction if they have questions and to help facilitate the move. Ms. Johnson replied normally they have done large meetings. What they would like to do as part of this process is to have more one-on-one or small group education opportunities for the employees. That’s why they’ve asked Community Relations to support in that effort even though they typically focus on external communications; she’d like them to support with internal messaging and scheduling logistics of the change.

Commissioner Herr pointed out one of the features of Cigna’s program is a pre-enrollment customer service line, so that will be opened prior to the effective date which is an unusual phenomenon. The one-on-one conversations regarding how something is going to work for somebody’s individual medical condition should be handled through that feature.

COUNTY ATTORNEY’S BRIEFING

Agenda Item #27 – 2022-3450

Opioid Litigation Update – Walgreens Settlement

Paul Chipok, Acting County Attorney, advised this request is for approval and authorization for the Chairman to execute the proposed Opioid Settlement Agreement with Walgreens. The State of Florida has reached a settlement with Walgreens based on their involvement in the opioid litigation. The settlement will include $683 million to the State of Florida with just over $1.4 million being distributed directly to the County over a period of years. As with previous settlement funds, this will be distributed over 18 years pursuant to the allocation model.

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

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve and authorize the Chairman to execute the proposed Opioid Settlement Agreement with Walgreens (Subdivision Settlement Participation Form).

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

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Chairman Dallari recessed the meeting at 11:41 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Clerk of Court Grant Maloy, and Deputy Clerk Kyla Farrell, who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Zembower, seconded by Commissioner 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 #28 – 2022-3430

Amended and Restated Celery-Cameron D.O.

SSFLU and Rezone Ordinances/American Land Development

Annie Sillaway, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. She noted this is strictly a request for an Amended and Restated Development Order and Ordinances for the purpose of correcting an inconsistency between the Master Development Plan, which was correct, and the legal description, which is being amended. The BCC approved the 124-lot subdivision on April 12, 2022. The amended legal description is of the cutout portion for the Hoops property. Staff recommends approval.

Chad Moorhead, Madden, Moorhead, and Stokes on behalf of the Applicant, addressed the Board stating he is in attendance to answer any questions the Board may have.

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

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt the Amended and Restated Ordinance #2022-16 enacting a Small-Scale Future Land Use Map Amendment from Suburban Estates and Low Density Residential to Low Density Residential; and adopt the Amended and Restated Ordinance #2022-17 enacting a Rezone from A-1 (Agriculture), R-1 (Single-Family Dwelling), and R-1A (Single-Family Dwelling) to PD (Planned Development); and approve the associated Master Development Plan and Development Order for approximately 34.07 acres located on the southwest corner of Celery Avenue and Cameron Avenue; Robert Zlatkiss, American Land Development, Applicant; as described in the proof of publication.

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

PUBLIC HEARINGS LEGISLATIVE

Item #29 – 2022-3432

Charisma Media Office Building

SSFLU and Rezone/Michael Holbrook, ASLA

Ms. Sillaway presented the request as outlined in the agenda memorandum. She advised that staff recommends approval.

Michael Holbrook, ASLA on behalf of the Applicant, addressed the Board stating he concurs with staff’s recommendation and is here to answer any questions.

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

Commissioner Herr stated this aligns with the surrounding properties and the future intensions of the surrounding property owners.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt Ordinance #2022-18 enacting a Small Scale Future Land Use Map Amendment from Low Density Residential and Commercial to Commercial; and adopt Ordinance #2022-19 enacting a Rezone from A-1 (Agriculture) to OP (Office); and approve the associated Development Order and Detailed Site Plan for approximately 3.59 acres located on Wayside Drive, approximately one-quarter mile south of SR 46; Michael C. Holbrook, ASLA, Applicant; as described in the proof of publication.

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

Item #30 – 2022-3318

Schedule of Capital Improvements Project

Annual Update - 2022

Tyler Reed, Planning and Development, 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.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt Ordinance #2022-20 containing the 2022 Capital Improvements Project Schedule Annual Update for the Seminole County Comprehensive Plan.

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

Item #31 – 2022-3443

County Manager Recruitment

Progress Report, Robert Slavin

Bryant Applegate, Interim County Manager, advised the purpose of this presentation is to go over the selection of the four finalists for the County Manager position based on the search results.

Robert Slavin, Slavin Management Consultants, addressed the Board to present the results of the search for county manager candidates. He explained how they conducted the nationwide search and indicated the agencies where they advertised and said the announcement will be alive until the Board makes a decision. They ultimately received 25 resumes. They narrowed that group to six well-qualified candidates; two of the six candidates have withdrawn. One accepted a job and the other had an interview with another jurisdiction and did not want his name released publicly. Therefore, they are recommending four perspective candidates. He noted the Board has already received their resumes and supplemental questionnaires.

Mr. Slavin listed the four candidates as follows: (1) Doc Dougherty, City Manager, Garden City, Michigan since 2018. He was the Parks and Recreation Director for Hillsborough County, Florida for three years and an Executive Director for a Parks Commission in Macon-Bibb County, Georgia for five years. (2) Steve Howard, County Administrator in a smaller county in Georgia since 2007, where he has established himself as a very capable and well-respected colleague. He worked for Seminole County for 11 or 12 months as Director of Administrative Services, and before that, he was the Director of Business Services for the Polk County Sheriff’s Department. He started there as Purchasing Administrator and then Director of Staff Services. For a short while he worked for DeSoto County as a Purchasing Agent. (3) Larry McNaul, County Manager, Hardee County since 2019. He was the City Manager of West Liberty, Iowa and had started out as their police chief, and prior to that was in law enforcement. He started out there but decided he wanted to be a county manager and groomed himself to do that. (4) Terry Suggs, County Administrator, Putnam County. Prior to that, he was the City Manager for the City of Palatka in Putnam County, and before that, the City Manager in Keystone Heights, Florida. Prior to that, he served as the Public Works Supervisor of Alachua County, so he does have Florida county and municipal experience. Mr. Slavin indicated the background work is well underway and so far it is all very good.

Mr. Applegate stated when the final reports are done, they will submit them to the Board for their review in advance of the June 8, 9 and 10 dates. June 8th and 9th are set aside for the individual interviews by the Commissioners along with meet-and-greets with department heads and senior staff that they choose among themselves from each department. They will publicly notice a Special Meeting of the Board of County Commissioners for interviews in public view and then the public will have a chance to comment afterwards.

Commissioner Herr asked about the final reports, and Mr. Slavin responded that the final reports will contain summary background information. They do not quote references but they will summarize who they talked to and what they said. There will be rating sheets also. There will be forms for ranking and tallying. He noted he has also scheduled time with each of the Commissioners to have one-on-one time to answer any questions they may have. He said they will have the report a few days ahead of time.

Commissioner Herr asked if the report will contain the deep dive on background that was part of the RFP and noted from her perspective, a couple of days in advance is not enough. Mr. Slavin said he will get the final report with the background checks to them more than a week ahead of time. Commissioner Zembower stated a week beforehand is good for him and his schedule.

Mr. Slavin stated they use a company called Sterling to do the background checks including the criminal and court records, education and credential verification. He has asked them to put that on a fast track and they have agreed, so he believes it will be possible to get the report to the Board more than a week ahead of time, but he cannot commit to that right now because he does not have all the information. He added he has asked the question about how it is going and the response is that it is all very good. Commissioner Lockhart questioned if the search that Sterling is doing includes a social media search as well. Mr. Slavin stated he specifically asked their consultant to make sure that that is included and he will remind them of that.

COUNTY MANAGER’S REPORT

Mr. Applegate advised in regard to the courthouse, they have received a request from their construction manager. An issue has come up about food service. The three options that were being considered are non-staffed vending machines, a Grab-N-Go with one employee with a small footprint for fresh food, and a private food service which would include a larger footprint with a lot of additional costs. They are requesting direction from the Board. Discussion ensued.

Commissioner Herr stated she would look to the School Board office for a really good model of a very small footprint where there is a vendor that comes in and provides a very fresh lunch every day that is affordable. If they lock and load around Grab-N-Go, they will end up with a wasted space. Commissioner Lockhart noted that all that food is prepared at Lake Mary High School, right behind Five Points, because that is where the largest commercial kitchen is. In conversation with the Clerk of the Court, at one point in time, there was also a private restaurant nearby that was contacted as to whether they would be willing to do sandwiches and soups and whatever. They were interested in doing that perhaps, but it was some years ago. She believes it is a space issue, at least that is what she is hearing. Mr. Applegate commented he will go back and ask if maybe they can do a small footprint like the School Board has and report back on that. Commissioner Herr added that Meals on Wheels has a catering arm, and there are a lot of local opportunities out there.

COUNTY ATTORNEY’S REPORT

Mr. Chipok stated in regard to solid waste and the interlocal agreement the County has with the City of Winter Park, they had a meeting with Tim Dolan of Waste Pro, the supplier, and the request has been for that agreement that they would like the ability to sometimes divert some of the trucks to the Orange County facility for download. The interlocal agreement services Winter Park through the County’s landfill. Waste Pro wants the ability to take the waste and dump off at the Orange County landfill, on occasion, to meet their service needs. Staff has no particular objection to that. They just wanted to make sure the Board is okay with it. This is a temporary measure and they will be looking at the interlocal agreement with Winter Park to come up with a more permanent solution, but this will give relief in the interim while they are looking at the overall agreement.

Chairman Dallari requested that when they bring this back, he would like to know how they are going to address the MSBU number, if it does affect it. Commissioner Herr stated she would like to understand the financial impact of this short-term decision, and she would like each of them to be briefed on that. She questioned how short term this would be, and Mr. Applegate said he is hoping that they will get all this worked out in a few months. Commissioner Herr would like the timeline to be spelled out. Mr. Chipok responded he can structure the agreement as “not to exceed six months” and if it looks like they do not have agreement on the interlocal at that time, they will bring it back for further action by the Board.

DISTRICT REPORTS

District 3

Commissioner Constantine advised he made a proposal on Split Oak Forest at the Central Florida Expressway meeting held on May 12th, and it was approved unanimously by the Board. He said hopefully that will bring some resolve and solution for the area. They are going to put a conservation easement on that land, a trails easement, open up more corridors for habitat, do the underpass for wildlife like the Wekiva, and also restore and maintain the 1,550 acres. They’ve put $13 million into the improvement.

Commissioner Constantine reported they started the second round of the Envision process in Seminole County. They have two more coming up on the 25th and the 26th and they will be held in Geneva and in the Central Library. He encourages anyone interested in the Envision Seminole 2045 to go and be a part of that.

The FAC (Florida Association of Counties) will announce soon that their convention next September will be held in Seminole County at the Lake Mary Marriott. The conference brings in about 300 folks to the area.

District 5

Commissioner Herr stated there is an FDOT plan to take some land from the Seminole County Port Authority (SCOPA). There are discussions going on; it came up in the board meeting. She asked Attorney Steve Coover to send over the information to county legal staff and that has happened, so they are at least as involved as they want to be. They have an easement on that piece of property as well, so she suspects it may be a little more complicated than they may have been thinking it was.

Commissioner Herr reported Rescue Outreach Mission so far this year has moved 48 people from homelessness to stable housing. The goal for the year is 100, and she thinks they will meet or exceed that. Right now they have 85 guests, 19 of which are children, staying at ROM.

District 2

Commissioner Zembower said that Bill Nygren, the individual who donated the buggy collection to Seminole County, has passed away. His family has asked that in lieu of flowers, a donation be made to the Historical Society to help preserve those buggies into the future.

Commissioner Zembower advised in regard to the mobility study for the SR 417 to the Sanford Orlando International Airport connector, according to CFX, it is being awarded to Jacobs Engineering. That study will start the first week of July.

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Commissioner Zembower distributed a copy of a letter (received and filed) stating the Zoo has asked him, as the liaison, to execute this letter to the Florida Division of Cultural Affairs supporting their desire to be considered for grants.

Motion by Commissioner Constantine, seconded by Commissioner Herr, to authorize Commissioner Zembower to execute a letter of support on behalf of the Central Florida Zoo and Botanical Gardens in connection with their grant application to the State.

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

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Commissioner Zembower reminded about Memorial Day events that will be held around the county.

District 4

Commissioner Lockhart advised the Florida College System Council of Business Affairs conference will be coming to Seminole County this week. She will be welcoming them here in Lake Mary on Thursday.

There was a partnership between the Fire Department and the American Red Cross this last Saturday in the Winwood/East Altamonte community. They were knocking on doors and installing smoke alarms and smoke detectors. Over 550 homes were approached.

Still in the Winwood/East Altamonte community, the Be A Light Foundation is having a graduation bash at the Winwood Park for all students on June 4th.

CHAIRMAN’S REPORT/District 1

Chairman Dallari thanked Dr. Sharon Gamm for all her work with the Wellness Program. Her last day of employment with Seminole County is May 27th.

COMMUNICATIONS AND/OR REPORTS

  1. Letter dated May 3, 2022, via email from Jeffrey Brower, Volusia County Council Chair, to members of the Central Florida Commuter Rail Commission, regarding changes to the SunRail System.

  2. Letter dated May 16, 2022, from the Seminole County BCC, to John Tyler, FDOT Secretary District 5, acknowledging his recent appointment to this position.

  3. Letter dated May 16, 2022, from the Seminole County BCC, to Jared Perdue, Secretary to the Florida Department of Transportation, acknowledging and congratulating him on his new appointment to this position.

  4. Letter dated May 13, 2022, from Orange County Mayor Jerry Demings, to Chairman Dallari regarding Lake Picket North, Sustanee Future Land Use Amendment Transmittal Hearing.

  5. Letter dated April 28, 2022 from Seminole County Chairman Dallari, to Orange County Government (Mayor Demings, Nicole Wilson, Christine Moore, Mayra Uribe, Maribel Gomez Codero, Emily Bonilla, Victoria Siplin) regarding Lake Picket North, Sustanee Future Land Use Amendment Transmittal to the Orange County Comprehensive Plan.

  6. Letter dated May 12, 2022, from Cathy LoTempio, Deputy City Clerk, City of Sanford, regarding Notice of Public Hearings regarding adoption of an Ordinance by the City of Sanford Florida between Spurling Street and Country Club Road and between Southwest Road and West Airport Boulevard.

COUNTY MANAGER’S REPORT

Bryant Applegate, Interim County Manager, had no report.

COUNTY ATTORNEY’S REPORT

Paul Chipok, Acting County Attorney, had no report.

PUBLIC COMMENTS (Items not related to the agenda)

Katrina Shadix addressed the Board to advise she has offered to provide Bear Care packages for people who visit the Bear Exhibit at the Zoo where they are educated on securing their trash. Many cannot afford the bear-proof trash cans, so she is more than happy to provide these packages and they can be picked up right at the exhibit.

Ms. Shadix said she wondered if Commissioner Constantine had an update on the Geneva Bubble Task Force that is being abolished. She knows he was working on that with Representative Smith. They are really interested in finding out who requested the dissolution of the task force, and they are also wondering how soon a new Geneva Bubble Task Force can be appointed. They are experiencing a water crisis in Seminole County and throughout the state actually with all the chemical and sewage pollution, algal blooms and total ecosystem collapses of the Indian River lagoon. She opined a task force should consist of reps obviously from the state and county and no less than four Geneva residents who are willing to conduct monthly water-quality assessments.

Chairman Dallari advised they are working with staff on this and the item is scheduled for the July 26th BCC meeting. Claire Muirhead, the regional water coordinator, will be presenting. Commissioner Zembower said he met with SJWMD and Senator Brodeur on these issues and there was background work done by both entities; they will come forward and give a presentation.

Ms. Shadix noted there was a contract this morning that was approved for a concrete company to do the aquatic plant managing. She found that to be a little odd. But she looked through the backup and she wanted to confirm that that company will be using herbicide chemicals. She did a Google Earth search on the business address and it is in Volusia and there seemed to be an airboat on the property. Airboats are used to spray hundreds of gallons of herbicide into their waters within an hour; they can spray up to 250 gallons.

Ms. Shadix mentioned there was a recent issue with Lake Dot, a big wildlife die-off. Commissioner Zembower noted that is in his district and he advised that Alan Harris, (Office of Emergency Management), the FWC (Fish and Wildlife Conservation Commission), and Kim Ornberg (Interim Deputy Director of Environmental Services) have been asked to look into it and report back. He knows they have responded to community emails.

Ms. Shadix distributed a package containing photos (received and filed). She said they will see that she sent a request to the County asking what chemicals had been sprayed in Lake Dot recently. On March 14th, there was Roundup, on April 27th they used two other chemicals, and shortly after that, you can see from the pictures there are brown rings around the entire lake and ducks started dying along with turtles. At first they were insinuating that it was bird flu, but she said turtles don’t die from bird flu. While they may have bird flu, she thinks that their immune systems have been compromised by these poisons. She pointed out that on the last page of the package she submitted, they can see where she did water collection samples, animal tissue samples, and plant samples from Lake Kissimmee and Orange Lake after they had wildlife die-offs very similar to Lake Dot. She added they can see that they came back with high levels of bromides as well as diquat, and that is a deadly combination that has been killing bald eagles for 30 years. She took samples at Lake Dot and they have been sent off to see if those come back with high levels of chemicals like these other two lakes had. She would like the County to finally consider not using chemicals in the lakes and instead use organic, non-toxic alternatives, which can be offered from companies she has already emailed to the Commissioners: Biosphere Organic Soil Systems, American Ecosystems, and Texas Aquatic Harvesting. She stated they can take care of all of those issues and do it without poisoning water and wildlife.

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Irvin Simpson addressed the Board stating he is the president of the East Altamonte Association. He thanked Commissioner Lockhart for the fire detection installation and said it is a great program. Also, they got the rafters for the bathroom at Winwood Park. He stated the people that utilize the Boys and Girls Club would really like the park to be upgraded. They need lighting where the kids play, in the field, and some other things. In addition, the people that grew up in that neighborhood of the Rosenwald School really want to make sure the Rosenwald name can be incorporated into the community center. He mentioned that they are not considered Winwood. He added kudos to Commissioner Constantine for writing the article about preserving the history and saving Rosenwald. Chairman Dallari said they all had the same sentiment and wanted to do something positive; they want to make sure they embrace the history. Commissioner Constantine stated Rosenwald is in Commissioner Lockhart’s district and the suggestion to keep the name of Rosenwald was brought up by Commissioner Lockhart at the last meeting. Commissioner Lockhart stated in connection with the park, there are funds allocated for the updating of that park and they need to get him back in touch with Mr. Durr and Mr. Wirsing in Parks and Recreation to find out what the timing is for many of those things. She noted it is part of the Capital Improvement Plan project for that department.

Commissioner Lockhart commented as far as what the community is called, she will call it whatever the community members want her to call it when everybody agrees. She will keep calling it the Winwood/East Altamonte Community and if they want to keep adding names, she will call it whatever they want. She loves the idea of putting some markers out to identify each of the individual communities within the East Altamonte area, one of which is Winwood. They are still looking for some feedback to narrow down the number of those signs that have been talked about. There is a lot of progress happening. She thanked Mr. Simpson for being so involved and engaged.

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Kenneth Bentley addressed the Board to thank the Board for all they do because they are public servants. He then highlighted some of the good things they have done over the last couple of years including addressing the Midway drainage issues, allocating money to the Rescue Outreach Mission, and East Altamonte, Rosenwald, Bookertown (which is overdue for a community center), Goldsboro, and the Airport.

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Commissioner Constantine commented they put money into the Little Wekiva and the State has put money into a study. Yesterday, as they all know, the federal government with Congressman Murphy put in another $688,000. He knows it is so important that they revitalize and improve that particular river because it goes into the Wekiva, which goes into the St. Johns, and it is so vitally important for their ecosystem.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:12 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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