BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

August 23, 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 23, 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 Chariti Guevara and Kyla Farrell

OPENING CEREMONIES

Pastor John Murphy, Harvest Time International, Inc., Sanford, gave the invocation. Commissioner Zembower led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3610

Veteran of the Month – August 2022

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to adopt a Proclamation proclaiming Commander Ronald Marini, United States Navy, as Seminole County’s August Veteran of the Month.

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

Agenda Item #2 – 2022-3638

National Preparedness Month 2022

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt a Proclamation proclaiming September as National Preparedness Month.

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

Agenda Item #3 – 2022-3639

Lifeboat Project Proclamation

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt a Proclamation recognizing The Lifeboat Project for 10 years of Service in Seminole County.

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

Agenda Item #4 – 2022-3570

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 Zembower, to approve the implementation of the purchase recommendations of the Board’s Financial Advisor based upon the report submitted today and recommend the Clerk implement said Board recommendations.

Under discussion, Commissioner Herr requested Mr. McIntyre clarify the recommended purchase. Mr. McIntyre responded the recommendation is for two $10 million Treasury purchases. Chairman Dallari confirmed with the motioner and the seconder they agreed.

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

Agenda Item #5 – 2022-3640

Broadband Project Update

Meloney Koontz, Assistant County Manager, addressed the Board and stated last year the Board approved a contract with Magellan Advisors to conduct the assessment to determine who might be unserved or underserved in the community. The scope of work included determining the target project, identifying possible funding sources, and developing an action plan that the County could follow. The assessment results follow numerous community outreach sessions, public surveys, speed tests, input from the FDEO, as well as the local technology planning team. The information shared today will also be discussed with that team this Friday. They will have an opportunity to give their feedback. Ms. Koontz introduced Courtney Violette, COO Magellan Advisors, who addressed the Board and presented the Broadband Project Update (presentation included in the agenda memorandum).

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

Chairman Dallari inquired if they already have an action plan defined, why are they meeting with the committee on Friday. He thought they would have had more input. Mr. Violette responded it is just a draft plan. The Chairman stated they talked about the underserved as in infrastructure, but they don't talk about underserved as in financial. He inquired what happens to the people that really can't afford those services when Cares and ARPA funds fall off. Mr. Violette explained they don't define what underserved is. According to the FCC, underserved is do you have access to 100 meg by 10 from an infrastructure perspective, not does it go out often, is it reliable, do you like it, can you afford it, but is it there at your house and can you access it. The FCC and Congress made funding available to subsidize and pay for households that may not be able to afford service today. Hopefully, Congress will re-fund that program at some point, but he does not have an answer as far as why unserved or underserved are defined the way they are. The Chairman asked if the County could define it for their programs. Mr. Violette responded they could, but they may or may not get support from the state or federal government as it relates to that.

Commissioner Herr inquired what does “work with the County on poorly maintained infrastructure” mean. The providers are commercial entities that should be maintaining their own infrastructure. Mr. Violette responded the goal is to let them know what the findings were from the assessment that was conducted on behalf of the County. If they are finding things like pedestals that have been run over and not replaced for months or years, the County should put them on notice about it and ask them to clean up the right-of-way. Commissioner Herr inquired given the price differential, why would they even consider anything other than wireless. Mr. Violette explained as they look at future proof technologies, a wire line connection to a household or business is going to provide the maximum future proof. Fiber optics allows you to update your equipment or upgrade your equipment on each end and you can scale and grow capacities well into the future. Wireless is great. It does provide a level of service in areas where it makes sense. However, you will not get the same speeds. You cannot provide the same level of service, and there will be a need for upgrades in the future.

Commissioner Lockhart stated Item #1 on the action plan stated leadership should review the project areas. She inquired who that leadership is. Mr. Violette responded it is County Manager staff, the project team. The Commissioner inquired if they are assuming from this report that the vast majority of the incorporated areas of this county have service, and Mr. Violette responded they are. The Commissioner asked if the cities participated with ARPA funding for this particular project. Tricia Johnson, Deputy County Manager, responded she believes four did and three did not.

Commissioner Zembower stated he thinks the fastest deployment and biggest bang for the buck is wireless. There are mixed feeling in the rural area as to what people want. He would agree the rural area is probably a wise consideration for the wireless. The Commissioner commented when they kicked this off, he had no belief they would be giving grant monies to private providers to fill a small amount of homes when the provider is already in that area. He thinks that needs to be a sit-down discussion with those providers. The Commissioner thinks they still have some groundwork to do moving forward.

Commissioner Constantine inquired what the long-term plan is for the underserved areas. Mr. Violette explained in those areas, mainly the municipal boundary project areas that were identified, it was determined there is adequate infrastructure to provide a certain level of service beyond 100 megabits. In Spectrum's plan service area within Seminole County, if they have a cable offering, they can, for the most part, provide 100 megs of service which means they are not underserved. So in those areas, it's an affordability issue. The question is how do they tackle that. Today it is through programs like the FCC's Affordable Connectivity Program. When those funds are exhausted, then they need to determine what the next opportunity is, whether that is Congress reappropriating money, the State having options, or the County developing a program to support those folks.

Chairman Dallari stated he has a hard time providing federal money for private companies that should be doing this because they are for profit. It's the affordability issue. If they provide areas that are not being served the money to provide the infrastructure, people still can't connect to it because it's the affordability issue. They still haven't fixed the problem. He is looking for suggestions on how to actually do that. That's what he is hoping the next round of information will provide.

Commissioner Lockhart requested clarification on DEO's broadband availability map. They can only reflect on their map the information they are given. She inquired if they have shared with DEO the information that has been gathered so this area would be up to date on DEO’s map, or are there still things that are out of sync. Mr. Violette responded FCC is currently doing a whole new remapping of systems. There is a requirement right now for all of the providers to begin reporting under the new system which is based on locations, so they will have to report on, for example, 123 Main Street, not the census block they may serve one household in. DEO is collecting their own data. They also had a survey with speed tests. The Consultant is providing DEO with the County's updated location data to update their maps as well. The State should have a formal process soon to contest the maps. He think there's going to be a period where the State is going to look to the County and other entities to help them update the map or contest the map results, but he has not seen that yet.

Agenda Item #6 – 2022-3641

Annual Rescue Outreach Mission Update

Chris Ham, Rescue Outreach Mission Executive Director, addressed the board to present the Annual Rescue Outreach Mission Update (presentation included in the agenda memorandum).

With regard to public participation, Kenneth Midley spoke expressed his appreciation of the support and changes made. No one else spoke and public input was closed.

Public Comment Form not received.

The Board members individually expressed their appreciation.

CONSENT AGENDA

Deputy County Manager Tricia Johnson announced Item #10, Interlocal Agreement with City of Longwood for ARPA Funding; and Item #32, award of IFB-604270-22/ESN, Term Contract for Landscape Maintenance for the Country Club at Deer Run, are being pulled from the Consent Agenda by staff to be brought back for consideration at a future meeting.

Commissioner Lockhart requested Item #17, request to approve the recommended funding allocations to the agencies listed for Community Services Agency Partnership Grant funds for FY 22/23, be pulled for separate discussion.

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

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

County Manager’s Office

Business Office

7. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-102 amending the Seminole County Administrative Code Section 24.15 (Paid Time Off Leave; Holidays). (2022-3605)

8. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-103 amending the Seminole County Administrative Code Section 3.50 (Travel). (2022-36050)

9. Approve and authorize the Chairman to execute the Interlocal Agreement between Seminole County and the City of Casselberry for American Rescue Plan Act (ARPA) Funding in the amount of $407,806.93. (2022-3642)

10. Pulled from the Agenda the request to approve and authorize the Chairman to execute the Interlocal Agreement between Seminole County and the City of Longwood for American Rescue Plan Act (ARPA) Funding in the amount of $347,402.96. (2022-3653)

11. Approve and authorize the Chairman to execute the subrecipient Agreement between Seminole County and Homeless Services Network of Central Florida, Inc. (HSN) for American Rescue Plan Act (ARPA) Funding in the amount of $92,000. (2022-3654)

Office of Emergency Management

12. Approve and authorize the Chairman to execute the 2022 Memorandum of Understanding with Impower, Inc. (2022-3631)

13. Approve and authorize the Chairman to execute a (5) five-year term Lease Agreement with Juanita Mobile Home Park, LLC d/b/a Brio Business Center for 1,840 sq. ft. of warehouse space for disaster equipment and animal services pet supplies and donations - partially grant funded with a yearly rate of $25,760 and 3% annual increases. (2022-3634)

Community Services

Business Office

14. Approval to participate in the Federal FY 2021 Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program (JAG-C) in which FDLE has allocated $124,965 for use by all units of government within Seminole County; authorize the Chairman to execute the Certificate of Participation naming Allison Thall as the coordinator for the countywide application(s); and authorize the Chairman to execute any supporting documentation that will be required for the application(s). (2022-3609)

15. Approve and authorize the Chairman to execute the Substance Abuse and Mental Health Baker and Hal Marchman Act Transportation Plan between the Department of Children and Families Central Region and Seminole County. (2022-3617)

Community Assistance

16. Approve and authorize the Chairman to execute the Memorandum of Understanding between CareerSource Central Florida and the Community Services Department; and authorize all future renewals to be executed by the Community Services Department Director. (2022-3620)

17. Pulled for separate discussion.

Community Development

18. 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 July 2022. (2022-3607)

19. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-105 authorizing the conveyance of county property, 2105 Hartwell Avenue, Sanford, for the rehabilitation and continued operation of affordable rental housing; and execute the HOME Program Agreement 2022-2023 with Resurrection Community Housing Development Organization, Inc. (Catholic Charities), the Assignment of Residential Lease, and other documents related to this donation. (2022-3632)

Development Services

Planning and Development

20. Authorize release of Performance Bond #CMS0330160 for roads, streets, and drainage, in the amount of $84,512.40 for Parkdale Place subdivision; Park Square Enterprises, LLC, Applicant. (2022-3614)

21. Authorize release of Maintenance Bond #CMS0330172 for streets, curbs and storm drains in the amount of $78,799.09 for the Parkdale Place subdivision; Park Square Enterprises, Applicant. (2022-3655)

22. Authorize release of Maintenance Bond (Private Road) #59BSBHN2857 in the amount of $176,632.35 for the Tuscawilla Estates subdivision; Meritage Homes of Florida, Inc., Applicant. (2022-3637)

23. Approve the Plat for the CFA Tuskawilla subdivision containing two (2) commercial lots on 2.43 acres zoned PD (Planned Development) located on the west side of Tuskawilla Road, 150 feet north of Willa Springs Drive; (Chick-Fil-A, Inc., Applicant). (2022-3604)

24. Approve the plat for the FNI Sanford subdivision containing three (3) commercial lots on 6.48 acres zoned PD (Planned Development), located on the north side of S.R. 46, east of Interstate-4. (2022-3636)

Environmental Services

Business Office

25. Approve the release of the following three (3) original Maintenance Bonds for Water & Sewer Facilities and one (1) Cash Maintenance Bond with Escrow Agreement: Maintenance Bond #CMS0339733 in the amount of $91,665.54 for the Cadence Park subdivision; Maintenance Bond #107131315 in the amount of $9,478.62 for the International Parkway – Phase 1 project; Maintenance Bond #E388017 in the amount of $52,600 for the Savta Reserve Phase 1 subdivision; Cash Maintenance Bond in the amount of $8,812 for the Queen of Angels project. (2022-3606)

Resource Management

Budget

26. Approval to partner with MetroPlan Orlando to submit a planning grant application for U.S. Department of Transportation Safe Streets and Roads for All grant program; and authorize the Chairman to sign a letter of support for the grant application. (2022-3618)

27. Approval to submit three grant applications for the State of Florida Resilient Florida Grant programs requesting up to $21,854,219 in funding; and authorize the County Manager to execute all documents. (2022-3619)

Purchasing and Contracts

28. Award RFP-604347-22/TKH, Term Contract for Seminole County Emergency Transport Billing & Collection Management Services, to EMS Management and Consultants, Inc., Winston-Salem, North Carolina; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3522)

29. Award CC-4324-22/MMS, Soldier's Creek Overflow and Trail Parking Lot Project, to Central Florida Environmental Corporation, Winter Springs, in the amount of $781,914.97; and approve appropriate Resolution #2022-R-106 implementing Budget Amendment Request (BAR) #22-070 in the amount of $24,239 to appropriate additional funding. (2022-3608)

30. Award CC-4275-22/MAG, Lake Monroe-Wayside Park Boat Ramp Improvements, to Custom Built Marine Construction, Inc. of Fort Pierce, in the amount of $1,732,645; and appropriate additional $836,257 of American Recovery Plan Act (ARPA) funding for the project. (2022-3537)

31. Award IFB-604345-22/ESN, Term Contract for Roadway and Landscape Enhancement, to BrightView Landscape Services, Inc., Sanford, for the estimated annual amount $152,485.15; and authorize the Purchasing and Contracts Division to execute the agreement. (2022-3579)

32. Pulled from the Agenda the request to award IFB-604270-22/ESN, Term Contract for Landscape Maintenance for the Country Club at Deer Run, to Premier Lawn Maintenance, LLC, Sanford, in the amount of $155,450.00 and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3581)

33. Approve the ranking list and authorize staff to negotiate rates in accordance with Florida Statutes, Section 287.055, the Consultants Competitive Negotiation Act; and authorize the Purchasing and Contracts division to execute three (3) agreements for PS-4244-22/TAD, Professional Surveying and Mapping Services. (2022-3593)

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

Agenda Item #17 – 2022-3611

FY22/23 CSA Partnership Grant

Commissioner Lockhart stated the Community Services Agency grant funds comes from the general fund each year. Years ago, there was direction given by a prior board that this funding was primarily supposed to be utilized for organizations that needed gap funding. It wasn't supposed to be a "continual, count on it every year to meet your budget" funding. It was something that was going to be for organizations that needed some assistance to become self-sufficient. She has noticed over the years that there are some frequent-fliers and some organizations that have access to some other deep pockets. She wants to make sure they are giving the direction to the County Manager and their team for what these funds are actually supposed to be for and give staff a framework that they can feel confident they're actually sending the funds in the direction that the Board intended.

Upon request of Commissioner Lockhart, Carrie Longsworth, Community Assistance Division Manager, explained when they put out the CSA application, it is a competitive process. They look for different criteria such as the need in the community, the project that is being served, the population that is being served, what the agency's overall fundraising efforts are, how much of the funding and their total budget is used for administrative costs, and then also their collaborations with other entities in the county. Once they get the applications in, they have a team that separate out the supportive services from the essential. The team members consist of staff and community members. They review the applications and then come up with a score out of 100 points. Once the applications are scored, they come to Ms. Longsworth and another manager in her office to review. The Board approves $842,000 annually to provide services. This year $2.2 million in requests have come in. They then go through the difficult process of cutting agencies down. Some of it is based on the score they provide. They do deny agencies that are providing a duplicative service, so if the County is already providing that service directly, they are not going to fund an agency to also do it. Some of the federal dollars fund some of these services also, so they will not use county general revenue dollars to fund things that are already being funded with federal grant dollars. They make those determinations and try to get some new agencies if they can, because they do have mostly repeat agencies. They usually fund about 14 agencies a year. This year they are funding 18 which they were able to do by cutting down several agencies that received funding last year and decreasing their budget to add in some additional agencies that weren't funded last year or have not been funded by this process before.

Commissioner Lockhart explained her goal in bringing this up is not to in any way to say that anyone on this list is not worthy. All of these organizations do very good work in this community. But because these are general fund dollars that this Board allocates to staff in order to distribute, there might be an opportunity, since it's been so long since the Board has given direction on this funding, to revisit that. She inquired when this was last evaluated. Ms. Longsworth responded it was in 2012 when Valmarie Turner was the Director. She brought some recommendations to the Board for the CSA. There was discussion at that time about not funding agencies continually. However, at that time, there were commissioners on that previous board that had agencies they were particularly supportive of, and some of those agencies would have lost funding if that rule was implemented, so that rule was not put in place. Right now, there is no term limit on how many years of funding you can get. They have some agencies that have received funding for the last five years, some agencies have received the funding for the last 15 or 16 years. Community Services staff has talked about revamping this process and bringing some recommendations back to the Board, especially now that some of the COVID funding they have been using is now moving out and they can focus back on regular business and make some updates and changes. It is the Board's process since it is money from the general fund, so any changes they do make to the application or the process would have to be brought back for Board approval. Board discussion ensued.

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to approve the recommended funding allocations to the agencies listed for Community Services Agency (CSA) Partnership Grant funds in the amount of $842,000 for FY 22/23: Safehouse of Seminole, Impower, Catholic Charities, Aspire Health Partners, Recovery House, The Sharing Center, Kids House, Meals on Wheels, Rescue Outreach Mission, Early Learning Coalition of Seminole, True Health, United Way, Seminole County Legal Aid Society, Foundation for Seminole County Public Schools, Lighthouse Central Florida, Foundation for Foster Children, Boys & Girls Clubs of Central Florida, The Mission Blue Foundation; authorize the Chairman to execute the CSA Grant Agreements upon agency execution; and have staff come back with a recommendation before the next funding notification goes out.

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 #34 – 2022-3635

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve Expenditure Approval Lists dated July 26 and August 2, 2022; and Payroll Approval List dated July 21, 2022.

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

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Chairman Dallari recessed the meeting at 11:30 a.m., reconvening at 11:43 a.m.

REGULAR AGENDA

Agenda Item #35 – 2022-3613

Special Obligation Revenue and Refunding Bonds, Series 2022

Lorie Bailey Brown, Resource Management Director, addressed the Board and presented the request as outlined in the agenda memorandum. Jay Glover, PFM Financial Advisors, reviewed the process undertaken for the bonds and then reviewed next steps.

With regard to public participation, Nancy Harmon, Joe Humphreys, and George Sellery spoke in opposition. No one else spoke and public input was closed.

Public comment forms received and filed.

Chairman Dallari answered some of the questions and concerns of the public speakers. He explained this is not to move the County Services Building. This bond is for the annex that is currently under construction, renovation of the criminal courthouse, the chiller plant that is being built at Five Points, and the parking garage. They did take out a short-term loan, like a construction loan, that was $75 million. This bond will pay for that. When that $75 million is deducted from the $170 million, the remainder will go towards the chiller building, the courthouse, and all the infrastructure to connect the chiller building to the facilities. They are consolidating the courthouses because the reports they have seen indicate it would be cost prohibitive to renovate the civil courthouse. He clarified this is not the largest bond the County has done. The largest bond was a number of years ago, it was over 200, and it was for water. The Chairman inquired where this debt service would be coming from. Ms. Bailey Brown responded it is pledged with CBA, Covenant to Budget and Appropriate, which means all non-ad valorem revenues of the general fund. Chairman Dallari added there have been multiple public meetings regarding Five Points for a number of years. Ms. Bailey Brown stated 2020 is when they issued the reimbursements resolution. They began construction on this development project and encumbered the full $75 million. Staff also brought forward to the Board an encumbrance of additional $9 million out of general fund in anticipation of this bond coming forward to pick that up to fully encumber and complete this project. The Chairman confirmed with Ms. Bailey Brown this will not increase property taxes.

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt appropriate Resolution #2022-R-104 authorizing the issuance of Special Obligation Revenue and Refunding Bonds, Series 2022, not to exceed $170,000,000 to provide financing and refinancing the costs of the Five Points Development Project.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #36 – 2022-3067

Land Development Code Update

Rebecca Hammock, Development Services Director, addressed the Board and stated this morning they will be discussing some specific Land Development Code topics that staff would like further policy direction on before moving forward with the work session for the full draft of the Land Development Code amendments. This morning they will discuss Planned Development Zoning Regulations, Self-Storage Use, Florida-Friendly and Native Landscaping, Tree Preservation, and Electric Vehicle Readiness (presentation included in the agenda memorandum). Eliza Harris Juliano, Canin Associates, reviewed Planned Development and Electric Vehicle Charging. Greg Witherspoon, Canin Associates, reviewed Florida-Friendly and Native Landscaping and Tree Preservation. Ms. Hammock reviewed Self-Storage Use.

With regard to public participation, Nancy Harmon, Joe Humphreys, George Sellery, and Gabrielle Milch spoke. No one else spoke and public input was closed.

Public comment forms received and filed.

After the Commissioners asked questions of staff and the consultants and after Board discussion, Ms. Hammock summarized her understanding of the Board’s feedback and direction for the next work session. With regard to Electric Vehicle Readiness, staff will bring back more information. On Planned Development, staff at this point would not be recommending a minimum for the PDs. However, they will be bringing forward the language to tighten up the PD language, including street trees. It sounded like the Board was in favor of those as long as there are specific requirements about the width of the landscape strip, the root barriers, the size of the trees, and what type of trees. With regard to Florida Friendly, they are recommending adherence to the Florida Friendly. Ms. Hammock clarified the current Land Development Code regulations do have some water conservation policies regarding irrigations systems. It requires a certain amount of low-water-use plants, the irrigation type has to be designed around the water use type of the plant, and it requires rain sensors. The Tree Preservation requirements was just for information purposes. They are doing the 25% minimum requirement, but they still have flexibility built in so if there is a case where it would completely hinder the development proposal there is flexibility for the planning manager. On Self-Storage, staff will bring back further information.

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Ms. Johnson advised the Environmental Services Department submitted two grant applications to the Florida Department of Environmental Protection that require matching dollars for septic to sewer and septic to enhance systems in the Wekiva Priority Focus Area. Typically, the Board is notified prior to submitting grant applications, but the turnaround time was only a few days. The County will seek additional grant and cost-share funding sources to offset the required match. Chairman Dallari inquired if the Board had any issues with that. No objections were voiced.

COUNTY ATTORNEY BRIEFING

No briefing.

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Chairman Dallari recessed the meeting at 1:20 p.m., reconvening at 2:00 p.m., with all Commissioners and all other Officials, with the exception of Clerk of Court Grant Maloy and Deputy Clerk Chariti Guevara, who was replaced by Deputy Clerk Kyla Farrell, 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 - QUASI-JUDICIAL

All five districts submitted ex parte communications (received and filed).

Item #37– 2022-3589

Cadence Park PD Major Amendment Rezone

Daly Design Group, Applicant

Joy Giles, Planning and Development, addressed the Board and presented the request as outlined in the agenda memorandum. On behalf of the applicant, Bill Mackey addressed the Board and briefly discussed the project.

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 #2022-25 enacting a Rezone from PD (Planned Development) to PD (Planned Development) to remove 0.33 acres from approximately 29.2 acres, allowing primary access to the Hidden Oaks subdivision from the Cadence Park subdivision, located on the south side of North Ronald Reagan Boulevard, approximately ¼ mile east of County Home Road; and approve Addendum #2 to D.O. #22-20500011, Cadence Park PD fka Evergreen; as described in the proof of publication; Daly Design Group, Applicant.

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

Item #38 – 2022-3590

Hidden Oaks PD Major Amendment Rezone

Daly Design Group, Applicant

Ms. Giles addressed the Board and presented the request as outlined in the agenda memorandum. On behalf of the applicant, Mr. Mackey stated he is available for any questions.

Commissioner Zembower stated in the first phase of Cadence Park, there were problems with construction access coming off Thomas Stable Road, which is a private road that borders the community. He wants to make sure everyone understands that that road is not going to be utilized for access for construction. Mr. Mackey responded they understand that. He added since that time, they’ve put up physical barriers as well as landscaping along Thomas Stable Road to further discourage people from cutting through.

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 #2022-26 enacting a Rezone from PD (Planned Development) to PD (Planned Development) on 31.87 acres to add 0.33 acres to the Hidden Oaks PD, amending the primary access from South Lane and Gardens Drive to Redpine Way, located approximately 1,700 feet south of the intersection of North Ronald Reagan Boulevard and Redpine Way; and approve Addendum #2 to D.O. #21-20500008, Hidden Oaks PD; as described in the proof of publication; Daly Design Group, Applicant.

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

PUBLIC HEARINGS - LEGISLATIVE

Item #39– 2022-3582

Seminole County Port Authority (SCOPA) FY23 Budget Presentation

Andrew Van Gaale, Port Authority Administrator, addressed the Board and presented the Port Authority’s Fiscal Year 2023 Budget as outlined in the agenda memorandum.

Chairman Dallari advised Commissioner Herr is on the SCOPA Board. He asked if she had any addition comments. Commissioner Herr thanked the team for attempting to expedite a rebuild so they can start generating revenue and have that property returned to the bottom line for the citizens. The budget that has been submitted is contemplative of that being the driver.

With regard to public participation, Richard Young spoke in opposition. No one else spoke in support or opposition, and public input was closed.

Public Comment Form for Mr. Young was not received.

In response to Mr. Young’s comments, Mr. Van Gaale stated the Port Authority is a solid enterprise that turns a profit every year. There are no taxpayer funds that go into it. Although he mentioned they’re dipping into reserves to build a facility, it will increase revenue. The profit margin is usually around 50%. It is a moneymaker; it is not a deficit. Chairman Dallari clarified the reserves Mr. Van Gaale is talking about are reserves that were set up by the enterprise funds; not the County’s reserves.

Commissioner Zembower stated they’ve returned, in some cases, over a million dollars to the County’s taxpayers on an annual basis. He asked how soon Mr. Van Gaale perceives, based on the rebuilding they’re doing now, they will start to see those historic, million-dollar levels coming back to the County. Mr. Van Gaale answered after a three-year buildout, they will start to see the numbers increase at least in $100,000 increments. He thinks it will take three-to-five years to get back to that $750,000 to $1 million level.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to approve the FY23 Seminole County Port Authority budget in the amount of $5,265,031.

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

Item #40 – 2022-3633

2022 Consolidated NAVA Roll & Certification

Michael Eason, MSBU Program Manager, addressed the Board and presented the request as outlined in the agenda memorandum.

With regard to public participation, Eric Ralston, Jim Ireland (petition received and filed), James Baez, Isabel Munoz, Melanie Cross, Rene Fossey, Richard Young, Michael Monahan, Jeff Crisco, and John Jones spoke in opposition. No one else spoke and public input was closed.

Public Comment Forms were received and filed.

Mr. Eason advised he is empathetic to what everyone has said. Proposing this increase was truly a last resort. Last July they started to see a 40% increase in what the County was paying out per contractual terms to the haulers every month; and it has caused the County to eat into its reserves, which were minimal. That’s when staff had to look at increasing the assessments. If they are to see a reduction in the prices of fuel and things of that nature, they would look to do a reduction of the assessments next year. However, as they stand here now, staff feels that this is the only course of action that they have at this time.

Commissioner Lockhart advised this is the end of a process that unfortunately the public is just now seeing. What they didn’t see were the many presentations and meetings that they had leading up to this decision when staff presented all of the increases, and they reviewed the contracts, and all of the involvement of the County Manager and Legal team. It has been a many-months’ long, difficult experience. They have dug very deep. Upon Commissioner Lockhart’s inquiry, Lorie Bailey Brown, CFO, Resource Management Director, addressed the Board and explained some of the cost escalators in the contract that created the increases.

Commissioner Zembower asked Ms. Bailey Brown to explain contractual agreements. He thinks part of the problem is that expenses have gone up, you can’t find enough help, and there’s all these moving parts. When he’s looked into it, it seems like there’s little-to-no competition in the marketplace. He asked what their options are if there are only one or two haulers that are capable of providing a service; would the alternative be that the County makes its own fleet of garbage trucks. Ms. Bailey Brown answered they are in a ten-year contract with the current haulers. They have two different haulers throughout the various districts, and those contracts were created in 2018. If they wanted to renegotiate those contracts, that is certainly up to the Board to go back and recontract. However, when they compare their rates to neighboring counties, the County’s rates are not much different than those for just one weekly pick-up. They are getting the service of two weekly pick-ups close to what neighboring counties are charging for one. If they go to the table, they have to consider whether or not they’ll come out with a better contract than what they currently have.

Kim Ornberg, Interim Director of Environmental Services, addressed the Board and discussed the recycling program at Commissioner Zembower’s request.

Commissioner Herr talked about the issue of ongoing gaps of service. She thinks that they need to determine where those gaps are consistent and make sure they’re held to a level of accountability in terms of service. She would like to know how staff is managing that, and Ms. Ornberg explained their process for tracking those gaps and issuing penalties.

A discussion ensued regarding pick-up once a week or twice a week. It was determined there is not much of a price difference, and it would be almost impossible for the haulers to manage.

Chairman Dallari asked if this is time sensitive. Ms. Bailey Brown explained it is time sensitive. It is the tax roll that they’re certifying today to the Property Appraiser for all MSBUs, not just the Solid Waste.

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to approve appropriate Resolution #2022-R-108 adopting the 2022 Non-Ad Valorem Assessment Roll with Certification provided to the Seminole County Tax Collector.

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

District 2 voted NAY.

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Chairman Dallari recessed the meeting at 3:18 p.m., reconvening at 3:25 p.m.

COUNTY MANAGER’S REPORT

Ms. Johnson announced Richard Durr, Director of Leisure Services, will be installed as FRPA’s Vice President of the Board of Directors for a two-year term.

Regarding the County’s new health insurance with Cigna that starts in January, Ms. Johnson stated employee outreach has begun. The employee customer service line is now open 24/7. They also started their outreach in-person events, which will continue until September. The events are also offered virtually and will be recorded by SGTV so employees can view them via SharePoint. Employees can check their email for more information. Staff is working with Cigna to make sure employees who don’t utilize email will receive hard copies of all of the activities so they can participate as well.

Ms. Johnson advised the Envision Seminole 2045 conference is scheduled for tomorrow. Additionally, they had more than 2,000 folks that have responded to the County’s survey; which blows the goal of 1,000 out of the water.

COUNTY ATTORNEY’S REPORT

No report.

DISTRICT REPORTS

District 4

Commissioner Lockhart stated over the course of the last couple of months, there has been a lot of conversation about the penny sales tax and different, potential revenue sources for the Seminole Forever program. She has had multiple conversations with elected officials from different cities, the School Board, et cetera; and they are asking when they are going to set a date to start having converstaions. Because they have not had a conversation as a board yet about that specific topic, it was hard for her to tell them when the Board plans to start including them in the conversation. She would like some sense of when they might be setting a date to have some official conversations.

Chairman Dallari stated during the Mayors and Managers meetings, they’ve discussed it; and they’ve said they will start formalizing discussions with all groups in January of 2023. Discussion ensued. Chairman Dallari advised if they want to have discussions earlier, they can do that. Commissioner Lockhart stated she thinks that is imperative. She explained she heard that this wasn’t discussed at Mayors and Managers meetings, and Chairman Dallari reassured that it was discussed in Casselberry and Altamonte Springs. Commissioner Lockhart suggesting having a timeline would be appropriate for discussion. Chairman Dallari stated they will bring that up at Mayors and Managers.

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Commissioner Zembower left the meeting at this time and stated he will forego his District Report.

District 3

Commissioner Constantine reported on the following: he attended the 100^th anniversary of the Florida League of Cities; TDC is doing much better percentagewise and is exceeding the estimates that it had in the past; August 25 is the 10-year celebration of the Lifeboat Project in Apopka; September 10 is the Tunnels for Towers 5k run in Altamonte Springs; and Saturday is the funeral service for LYNX Director Jim Harrison.

District 5

Commissioner Herr gave a shout-out to staff for the unexpected and very successful outcome of the Five Points radio tower situation. She gave another shout-out to Mike Garcia, staff, who was able to provide Heathrow’s Master HOA some educational opportunities around managing their private roads.

District 1/Chairman’s Report

Chairman Dallari shared a draft Resolution of Support (received and filed) for the SunRail Sunshine Corridor Program. He wants to make sure staff is working with everyone regarding that. They don’t have one document yet; but when they do, he is sure Acting County Attorney Paul Chipok will be speaking with the Board. If the Commissioners have questions prior to that, the Chairman directed them to Mr. Chipok. Mr. Chipok added the Resolution of Support is not a new concept; one was signed in February of 2021 by the CFCRC in support of exploring the corridor that Brightline will be using to eventually get over to Tampa, but initially to get over to the South International Drive area. Those discussions have progressed. The corridor has changed from SR 417 to now along SR 528 and then down I-4. The resolution that is before the Board is by the CFCRC again; however, his perspective is that they don’t want to miss out on an opportunity, but they don’t want to state that they’re picking up the check for it either. At this point in time, he has forwarded some alternative language to the group that had received the original proposed resolution. It will be massaged, and it will come back; the Board will see it before Chairman Dallari goes back to present it in September to the CFCRC for action.

The Chairman advised he was asked for a Letter of Support (received and filed) for prequalifying the Orlando Philharmonic Orchestra who is trying to get a grant for the school system regarding the 2023 Young People’s Concert. They did send out a letter. This is just prequalifying; for the real application, the Board will be asked if they want to participate.

Lastly, he announced the Kids House Hope for Healing Breakfast on August 31.

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

1. Letter dated August 3, 2022, to Dr. Chris Parker, President/CEO of NJCAA, from Chairman Dallari, regarding hosting the 2025 NJCAA National Women’s Golf Championship Tournament in Seminole County.

2. Letter dated August 1, 2022, to Chairman Dallari, from Brian Garrity, Achievement of Excellence in Procurement Award Officer, National Procurement Institute, Inc., regarding Seminole County receiving the 2022 Achievement of Excellence in Procurement. cc: Diane Reed, Purchasing and Contracts Manager.

3. Electronically submitted letter dated August 8, 2022, from James Adamski, President, Friends of the Wekiva River Inc., to Chairman Dallari regarding their support of the Seminole Forever initiative.

4. Letter dated August 1, 2022, from Father John Bluett, Founder, Pathways to Care, to Chairman Dallari regarding their Annual Soup Bowl Supper fundraising event.

5. Letter dated August 10, 2022, from Chairman Dallari to Ms. Laura Kelley, Executive Director, CFX, regarding the Chairman’s reappointment of Commissioner Constantine to the CFX Governing Board for a two-year term ending on June 19, 2024. cc: Commissioner Constantine, Mimi Lamaute, CFX Board Services Coordinator.

FUTURE AGENDA ITEMS

None.

PUBLIC COMMENTS (Items not related to the agenda)

Bill Hyde addressed the Board and commented despondently on the Envision Seminole 2045 survey.

Joe Humphreys addressed the Board and shared photos (received and filed) of Lake Markham Landings. He talked about problems the County has regarding setbacks and easements in development orders.

Commissioner Herr stated she knows Development Services Director Rebecca Hammock has done an extensive amount of research on Mr. Humphreys’ issue, and asked if she would like to add any information to this discussion. Ms. Hammock explained the subdivision referenced by Mr. Humphreys, Lake Markham Landings, was originally approved around 2013/2014. The conservation easement isn’t depicted on the plat for the subdivision; it was recorded by separate instrument. It is a recorded conservation easement that was dedicated to the St. Johns River Water Management District (SJRWMD), so it should show up on any survey work for a home and it should also show up on any title work. The conservation easement does allow tree removal for dead trees and maintenance; however, there was an instance with a homeowner who did remove some dead trees on his lot and did some underbrushing. One of the County’s inspectors did meet with the property owner who said he had an arborist report that demonstrated that the trees were dead. Staff is still waiting on that report. Again, it is an easement dedicated to SJRWMD, so ultimately the enforcement of that conservation easement would be up to that agency.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:52 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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