BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

August 9, 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, August 9, 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 Kyla Farrell and Terri Porter

OPENING CEREMONIES

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

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3597

Business Spotlight

The Business Spotlight video for CLX Engineering was presented.

Kevin Wilcox, CLX Engineering President, addressed the Board to discuss a safety issue regarding semitruck traffic to and from his business and nearby school bus stops. The Board suggested he get in touch with Public Works Director Jean Jreij to discuss a solution.

Agenda Item #2 – 2022-3598

Library Master Plan

Richard Durr, Leisure Services Director, addressed the Board and introduced Richard and Brad Waters, Godfrey Associates, who presented the Library Master Plan (presentation included in the agenda memorandum).

With regard to public participation, Tom Tomerlin, Anne West, Rosemary Closson, Winter Springs Commissioner TiAnna Hale, and Alexandria Garner spoke in support. No one else spoke and public input was closed.

Public Comment Forms for Mr. Tomerlin, Ms. West, and Ms. Closson were received and filed.

Each Commissioner shared their comments which were overall supportive. Commissioner Constantine was happy with the recommendations; Commissioner Lockhart voiced her support; Commissioner Herr noted they need to brainstorm on some creative funding; and Commissioner Zembower advised he is in support of continuing the conversation.

Chairman Dallari stated his takeaway is that the Board would like staff to bring forward a plan on how to fund the recommendations in today’s presentation, they need to look at phasing it, and they would like to plan on moving forward. Interim County Manager Bryant Applegate replied they will start working on it.

Commissioner Lockhart stated currently the Parks foundation is its own, separate 501(c)(3); it is not a direct-support organization. She had previously asked staff in the County Attorney’s Office for a legal opinion regarding whether or not they could have an official DSO for a governmental entity, and they are working on that opinion.

Agenda Item #3 – 2022-3599

Parks and Recreation Facilities ADA Report

Mr. Durr stated one of the initiatives that staff had programed in for this year was to create their own ADA audit of their 40-plus Parks facilities. Today they are going to discuss having a transition plan. He was very pleased that they ended up on the positive side as many times as they did during the audit. Mr. Durr introduced John McGovern, JD The WT Group, LLC Accessibility Practice, who presented the Parks and Recreation Facilities ADA Report (presentation included in the agenda memorandum).

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

Commissioner Zembower voiced his complete support. He suggested asking staff to look at any and all federal and state dollars that may be able to be gathered to push and promote this.

Commissioner Herr referred to the presentation and asked if it is correct that the County has done recent work at their sites that is non-compliant. Mr. McGovern answered yes. He explained they see that at every jurisdiction. He provided an example of restroom grab bars in accessible stalls. The designer got it right; it’s supposed to be between 33 and 36 inches above the floor. The installer centered it at 36 inches, and that automatically made the top half of the grab bar out of the range. Commissioner Herr noted that example is an opportunity for contract management. She asked if the training that Mr. McGovern did with staff included the Risk Management team. Mr. McGovern replied they met with the ADA Coordinator. Michael Wirsing, Parks and Recreation Division Manager, addressed the Board and answered Christina Brandolini, Human Resources Director, was part of the discussion. Her team was invited to the two different trainings that were provided, and will be invited to the upcoming trainings as well. Commissioner Herr pointed out HR and Risk Management are two different departments. She advised if Risk Management wasn’t involved with the training sessions, they need to watch the recordings. From a budgeting perspective, she stated if they don’t have a separate line item that is calling out their investment in ADA, they might consider doing that. If they get audited, the information would be right there. Mr. McGovern confirmed for Commissioner Herr that the reference to disability does not only refer to physical disabilities. He noted it includes persons with compromised immune systems, persons on the autism spectrum, sight and hearing impairments, Alzheimer’s, and dementia. It is intended to be a very broad definition. Commissioner Herr voiced although the presentation appeared to only focus on physical disabilities, she wanted to be clear that that is not their only focus as they try to make sure that they are compliant. There has to be a broader scope to their thought process.

Commissioners Lockhart and Constantine voiced their support.

Chairman Dallari stated he thinks they should have some type of a board for ADA compliance issues and allow the citizens to be a part of that. He’d like to see a financial plan. Even though there are dollar figures listed, he thinks it needs to be a little more detail oriented. He voiced his support to adopt the recommendations.

Mr. McGovern reviewed his recommendation.

Commissioner Herr advised the design was not in the scope, and using a price estimator that was designed in 2004 and putting in a 50% incremental charge on top of that is nowhere near what today’s prices are going to be. Chairman Dallari explained they don’t have to adopt it, but they can accept the plan.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to direct staff to prepare and submit an implementation plan.

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

Commissioner Zembower asked staff if they believe they have the capability to rank these projects in a matter of importance based on usage, access, et cetera. Mr. Durr answered absolutely. He advised Mr. McGovern already has a list of what he believes would be priority items that need to be dealt with. Staff will use that list as a tool to be integrated completely into the CIP, and the Board will be able to see exactly where the priorities are.

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Chairman Dallari recessed the meeting at 11:15 a.m., reconvening at 11:22 a.m.

Agenda Item #4 – 2022-3625

Development Services Technology Study Update

James Garoutsos, Information Services Director, addressed the Board to introduce Chris Blough from Plante Moran who presented the Development Services Technology Study Update (presentation included in the agenda memorandum). Mr. Blough reviewed his recommendations found on page 22 of his presentation.

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

Upon an inquiry from Commissioner Lockhart, Mr. Blough listed current software programs that are going to be replaced with this implementation. He advised they have identified those programs that are going to be replaced, but they’ve also identified programs that they might want to retain in interface. They aren’t going to cycle everything out. Commissioner Lockhart discussed a spreadsheet that was created in the past by the Information Services Director at the time to try to get a handle on all of the different pieces of software that were being utilized all across the organization. She is not exaggerating by saying that there were around 100 programs. She is excited that they are finally having this conversation because she believes it is going to be a benefit to their internal customers and a benefit to the community who want to keep tabs on what might be yet to come.

Commissioner Herr stated she did not see a mention of minimizing variability, so she wants to make sure that they are looking for consistency in outcome as a driver of this. They don’t want one permit to be treated differently than another permit. The opportunities for improvement are significant. She pointed out part of the Project Approach shows Plante Moran’s assistance for phases 3-5 is at the County’s option, but she absolutely thinks they have to have them on the entire project. Also, she thinks engagement is key. They have to be extremely thoughtful around making sure that their employees engage in the system and processes once they’ve been done, and Mr. Blough’s input has been given. They need to add engagement into the system as a component of performance reviews for any department that’s involved. It is too big of an expenditure not to hold people accountable to the taxpayer for using it.

Commissioner Zembower advised this cannot happen quick enough. He isn’t sure how they’ve gotten along with the way they’ve been operating. The efficiencies and the automation, once embraced by staff, will bring good service to the public; but it has to be user friendly. With that being said, he is concerned about the ability of a personal touch when needed. The automation has to have the ability to offer the option to speak to an employee. He also agrees the consultant should stay on board until completion.

Commissioner Constantine noted he thinks everything has been said. He agrees regarding automation that people need to be able to press a button to speak with a human being. He wants it to be simple and direct and happen as quickly as it possibly can.

Chairman Dallari commented he thinks the timeline may be aggressive. He’s hoping it’s more of a guideline. Also, whatever software they do go to, he thinks it’s imperative that it’s not temperamental; “it needs to be a good Chevy or a good Ford, not a Lamborghini.”

Rebecca Hammock, Development Services Director, addressed the Board and advised this item is being funded from the Building fund. It’s an enterprise-funded project, and they do have it currently funded within a Technology fund. They are not asking for additional funding at this time.

CONSENT AGENDA

Mr. Applegate announced there were no changes to the Consent Agenda.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve the following Consent Agenda items as follows:

County Manager’s Office

Business Office

5. Approve and authorize the Chairman to execute the American Rescue Plan Act (ARPA) Funding Agreement between Seminole County and Recovery House of Central Florida, Inc. in the amount of $182,090. (2022-3600)

Human Resources

6. Approve the Employee Regular and Wellness Preferred benefit premium rates for Plan Year 2023. (2022-3602)

Development Services

Planning and Development

7. Authorize release of Maintenance Bond #ERL1900470 for streets, curbs, and storm drains in the amount of $18,776.95 for the Traditions at White Cedar subdivision; M/I Homes of Orlando, LLC. (2022-3555)

8. Authorize release of Performance Bond #CMS255464 for roads, drainage, water, sewer, hardscape and landscape in the amount of $2,308,277.80 and Rider in the amount of $78,936.00 for the Estuary at St. Johns subdivision; M/I Homes of Orlando, LLC. (2022-3596)

Fire Department

Business Office

9. Approve and authorize the Chairman to execute the negotiated Collective Bargaining Agreement (October 1, 2022 – September 30, 2025) between Seminole County and the Bargaining Unit Local 3254 for Battalion Chiefs/B Unit. (2022-3626)

Leisure Services

Greenways and Natural Lands

10. Approve and authorize the Chairman to execute a Seminole County Natural Land Resident Caretaker Lease Agreement with Steven Pitts for the Lake Proctor Wilderness Area. (2022-3592)

Public Works

Engineering

11. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $878,950.00 between property owner, Sandra L. Vasquez, as Personal Representative of the Estate of Evelyn M. Schrader, and Seminole County for property necessary for the construction of Fire Station #23 at the northwest corner of Howell Branch Road and Grand Road. (2022-3586)

12. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel Nos. 137/837 for property interests needed for the Orange Boulevard Improvement Project (4,416 ± SF & 71 ± SF respectively) between Zachary Sheaks and Stefanie Ann Marie Sheaks and Seminole County for $254,460.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3603)

13. Approve the proposed settlement between the County and Pelican Entrepreneurs, LLC as to Parcel 102 of the Oxford Road Improvement Project in the Seminole County v. AutoZone, Inc., et al. Eminent Domain Case; and authorize counsel to submit a Joint Motion and Stipulation for Entry of a Stipulated Order of Taking and Final Judgment with instructions to the Clerk of the Court for disbursement for entry by the Circuit Court in the eminent domain case. (2022-3601)

Traffic Engineering

14. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-99 decreasing the speed limit on Longwood Markham Road from Markham Road to West SR 46 comprising a 1.5-mile length from 40 MPH to 35 MPH. (2022-3575)

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

With regard to public participation, David Brown, Sheryl Brown, and Joe Humphreys spoke in support of Agenda Item #14, Longwood Markham Road Speed Limit Decrease. No one else spoke and public input was closed.

Public Comment Forms were received and filed.

The Chairman asked for another vote after hearing public comments.

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

County Attorney’s Consent Agenda

Item #15 – 2022-3584

Acting County Attorney Paul Chipok presented the item as outlined in the agenda memorandum.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve appropriate Resolution #2022-R-100 in accordance with Section 147(f) of the Internal Revenue Code approving the issuance by the Palm Beach County Health Facilities Authority of that Authority’s revenue bonds, in one or more series, for the purpose of providing funds to make a loan or loans to Lifespace Communities, Inc. to, among other things, finance and refinance certain facilities located or to be located in Seminole County, Florida.

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

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

Item #16 – 2022-3591

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve Expenditure Approval Lists dated July 12 and 19, 2022; and the 2022 BCC Records Destruction List.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Mr. Applegate announced the passing of Tim Marcopulos, Facilities Program Manager, and expressed his condolences to his family.

COUNTY ATTORNEY BRIEFING

Mr. Chipok announced they have a tentative date planned for Ethics Training. That date is December 6. They will be inviting other boards to attend the training session. Commissioner Lockhart stated any board that is under the Sunshine Law should be highly encouraged to participate. Commissioner Constantine noted on his calendar there is a meeting of another board that morning that they may want to be aware of. Commissioner Zembower stated he would like to explore other dates because he is typically not available the first week of December. Commissioner Herr reminded that attendance is not the only way to be compliant.

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Chairman Dallari recessed the meeting at 12:06 p.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 Constantine, 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 LEGISLATIVE

Item #17 – 2022-3627

Land Development Code Amendment

Floodplain Management Regulations

Chairman Dallari confirmed with Mr. Applegate that staff is withdrawing this item due to an advertising error. It will be re-advertised and brought back at the earliest possible date.

Item #18 – 2022-3628

Seminole County Code Amendment

Chapter 165, Noise Control

Rebecca Hammock, Development Services Director, addressed the Board and presented the request as outlined in the agenda memorandum.

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

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to adopt Ordinance #2022-24 amending Chapter 165 (Noise Control) of the Seminole County Code, amending Sections 165.4 and 165.21 to clarify measurement procedures for ambient sound levels that equal to or exceed established sound level limits; as described in the proof of publication.

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

COUNTY MANAGER’S REPORT

Mr. Applegate gave an update regarding Rosenwald. He advised they will be providing a summary or timeline of certain events that will happen in the near future and the anticipated costs of those items.

COUNTY ATTORNEY’S REPORT

No report.

DISTRICT REPORTS

District 3

Commissioner Constantine reported on the following: 1) Florida Association of Counties “Stuff the Bus” program that provided 250 backpacks filled with items for students at Pinecrest Elementary; 2) the Florida League of Cities Annual Conference and their 100^th Anniversary; 3) Central Florida Expressway Authority Board will have an update regarding the Wekiva Parkway and $4 billion worth of projects in the future; and 4) Crane’s Roost Indian Independence Day Parade.

Commissioner Constantine shared condolences for the families and friends of Tommy Boroughs, a lawyer in Central Florida who served with him on the Florida Energy Commission; Jim Weinberg, whose wife, Alice, was a long-time employee of the Property Appraiser’s Office; and former State Senator Paula Dockery’s husband, “Doc,” who was the father of the high-speed rail in Florida.

District 5

Commissioner Herr reported on the following: 1) Seminole County Sheriff’s Office Award Ceremony and commendation to Officer Bernie Johns, who is serving at the Rescue Outreach Mission in a management capacity.

District 2

Commissioner Zembower reported on the following: 1) Greater Orlando Realtors Association’s cleanup of the St. Johns River; 2) Hound around Town program; 3) Study of the extension from the 417 to the Sanford Orlando International Airport; and 4) his appointment by Commissioner Constantine to the FAC Agricultural and Farming Advisory Board.

District 1/Chairman’s Report

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute a letter of support for an application to the National Women’s Golf Association to hold their Championship Tournament in Seminole County in 2025.

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

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Chairman Dallari reported on the following: 1) Envision Seminole’s 20-Year Visioning Conference; 2) Seminole County’s Achievement in Excellence in Procurement Award for the year 2022; 3) Parks are Popping event; and 4) Central Florida Commuter Rail Commission and WSP, the consultant for the SunRail transition (Attorney Paul Chipok and Jean Jreij, Director of Public Works, spoke about meeting dates, a possible workshop, and one-on-one meetings with the consultant).

Commissioner Zembower noted he would like the Commissioners to receive a timeline/legal briefing and opinion in connection with the contracts regarding the SunRail transition. Mr. Chipok confirmed the Commissioner is referencing the operating documents between the five local government parties. Chairman Dallari added he would like to know what the increased dollar figure for Seminole County will be and what it is for, so it can be justified. He noted he had asked for this several times during the Commuter Rail Commission meetings. Mr. Jreij stated there are a lot of outstanding issues with FDOT, the funding agreements and the operational deficit.

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Chairman Dallari stated he is reappointing Commissioner Constantine to the Central Florida Expressway Authority for a two-year term ending in 2024.

District 4

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to appoint Kimberly Carroll to the Historical Commission; and to send a letter of appreciation to the board member she is replacing, who has resigned.

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

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Commissioner Lockhart reported on the following: 1) She has been newly elected as a member of the Florida Association of Counties’ Board of Directors for District 10; 2) Private Business Associates of Seminole Breakfast focusing on workforce in Seminole County and scholarships to students in Seminole County Public Schools; and 3) League of Women Voters hosting a new Faces of Homelessness panel.

COMMUNICATIONS AND/OR REPORTS (from the Chairman’s Office)

1. Letter dated July 28, 2022, from Chairman Dallari to Chris Anderson, Supervisor of Elections, regarding his appointment of Katherine Christy to the Seminole County Canvassing Board as an alternate.

2. Letter dated August 2, 2022, from Chairman Dallari to Chris Anderson, Supervisor of Elections, regarding the withdrawal of his appointment of Katherine Christy to the Seminole County Canvassing Board as an alternate, effective immediately. cc: BCC Board Members; Bryant Applegate, Interim County Manager; Paul Chipok, Acting County Attorney; Ms. Katherine Christy.

3. Letter dated August 1, 2022, from Chairman Dallari to Mayor Buddy Dyer, Chairman, Central Florida Commuter Rail Commission, regarding SunRail Transition Plan and the WSP presentation at the July 26, 2022, Seminole County BCC meeting. cc: Seminole County BCC; Paul Chipok, Acting County Attorney; Jean Jreij, Seminole County Public Works Director/County Engineer.

4. Letter dated August 3, 2022, from Michael Dyer, County Attorney, Volusia County, to Paul Chipok, Acting County Attorney, Seminole County; Scott McHenry, Assistant Orange County Attorney; George Nickerson, Legal Counsel, Osceola County; Roy Payne, Chief Assistant City Attorney, City of Orlando; regarding the Selection of Agency to Operate SunRail. cc: Members of the Volusia County Council; George Recktenwald, Volusia County Manager; Suzanne Kochan, Volusia Deputy County Manager; Laura Mauldin, Volusia Assistant County Attorney; John Booker, Volusia Government Affairs Liaison; Ben Bartlett, Public Works Director.

FUTURE AGENDA ITEMS

None.

PUBLIC COMMENTS (Items not related to the agenda)

None.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:00 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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