BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

October 26, 2021

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, October 26, 2021, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Lee Constantine (District 3)

Vice Chairman Amy Lockhart (District 4)

Commissioner Robert Dallari (District 1)

Commissioner Jay Zembower (District 2)

Commissioner Andria Herr (District 5)

County Manager Nicole Guillet

County Attorney Bryant Applegate

Clerk of Court and Comptroller Grant Maloy

Deputy Clerk Chariti Colon

OPENING CEREMONIES

Pastor Charles Higgins, Jr., Westview Baptist Church, Sanford, gave the invocation. A citizen led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2021-3019

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt a Proclamation proclaiming Command Sergeant Major Jorge Meza, United States Army, as Seminole County’s October Veteran of the Month.

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

Agenda Item #2 – 2021-2943

Kim Ornberg, Watershed Management, explained the Seminole County fertilizer ordinance was adopted in 2017 with the mission of reducing pollutants and protecting natural resources with an emphasis on education. The Fertilize Florida Public Service Announcement Campaign is a partnership with all seven cities, Volusia County, and the Cities of Orlando and Maitland to minimize excess fertilizer and to protect our collective water resources. This PSA campaign included the development of Florida Department of Environmental Protection grant-funded ads/PSAs which air on WKMG Channel 6, iHeartMedia, and the Cox Media Group in April, June, and October. These ads also run on ClickOrlando, the County’s website fertilizeflorida.com, and the County's YouTube channel and social media outlets. This is the first time they have worked with WKMG's in-house production team, and they were able to work together to create three seasonal fertilizer PSAs that correspond to the different aspects and seasonality of the fertilizer ordinance. Ms. Ornberg announced the campaign has won the Telly Excellence in Video Award Presentation for Fertilizer Public Service Announcement. The three PSA ads were presented.

Jim Hess, WKMG General Sales Manager, and Phil Deems, WKMG Creative Development Director, addressed the Board to express their appreciation to their team and the County on the campaign. Upon Commissioner Dallari’s request, Mr. Deems explained in the advertising industry, the Telly Award is a big award and the PSA category is competitive. There are three types of Telly: gold, silver, bronze. The County won a Silver Telly, which is really impactful in the advertising industry because you only win a handful of these in your life.

Agenda Item #3 – 2021-3010

Pamela Nabors, CareerSource Central Florida, presented the CareerSource Central Florida presentation (included in the agenda memorandum).

Chairman Constantine called for a motion to approve the Chairman to sign the consortium agreement.

Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve and authorize the Chairman to execute the Region 12 Central Florida Area Workforce Development Consortium Interlocal Agreement with Lake County, Orange County, Osceola County, Sumter County, and Central Florida Regional Workforce Development Board, Inc., d/b/a CareerSource Central Florida.

Under discussion, Commissioner Lockhart inquired if there were any changes made to the agreement since a prior iteration. Ms. Nabors responded it was mostly updated changes since 2015. There was a new piece of legislation passed last year called the Reimagining Education and Career Help or REACH that incorporated some of those changes. She commented Bryant Applegate, County Attorney, had a chance to look at the agreement and changes. Mr. Applegate confirmed they were ministerial-type changes.

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

Chairman Constantine advised they need to appoint a replacement for Nicole Guillet, County Manager, on CareerSource’s Board of Directors. He inquired of Ms. Guillet if she had any recommendations, and she recommended Gui Cunha from Economic Development.

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to appoint Gui Cunha to replace Nicole Guillet on CareerSource Central Florida's Board of Directors.

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

Agenda Item #4 – 2021-3016

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming November 6, 2021, as Oviedo Memorial Post 243, American Legion Day in Seminole County.

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

CONSENT AGENDA

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

Commissioner Zembower requested Item #15, Sipes Avenue and Pine Way Maintenance Map, be pulled for separate discussion. Chairman Constantine requested Item #9, Novel Parkway Final Plat; Item #19, Wekiwa Springs State Park Easement for Florida DEP Turn Lane Project; and Item #25, BAR #22-001 – FEMA SAFER Grant, be pulled for separate discussion.

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

County Manager’s Office

Business Office

5. Adopt a Proclamation proclaiming the Month of October 2021 as Blindness Awareness Month in Seminole County, Florida. (2021-3015)

Addressing

6. Authorize the Chairman to execute appropriate Resolution #2021-R-148 renaming the following streets: Bermuda Avenue North to North Bermuda Avenue; Bermuda Avenue South to South Bermuda Avenue; Orleans Way North to North Orleans Way; Orleans Way South to South Orleans Way; Windchime Circle North to North Windchime Circle; Windchime Circle South to South Windchime Circle; Windchime Circle East to East Windchime Circle; and Windchime Circle West to West Windchime Circle. (2021-2950)

Community Services

Community Development

7. 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 September 2021. (2021-3018)

Development Services

Planning and Development

8. Approve the final plat for the Riverbend at Cameron Heights Phase 4 subdivision containing sixty-seven (67) lots on 14.58 acres zoned PD (Planned Development), located on the west side of Cameron Avenue, south of Blue Rock Drive; Forestar Real Estate Group, Applicant. (2021-2801)

9. Pulled for separate discussion.

10. Authorize release of Performance Bond #SU1164224 for a subdivision plat in the amount of $447,769.64 for the Landings at Hawk’s Crest Phase 1; Taylor Morrison of Florida, Inc., Applicant. (2021-2977)

11. Authorize the Chairman to execute the Second Amendment to Road Impact Fee/Mobility Fee Interlocal Agreement between Seminole County and the City of Longwood. (2021-2987)

12. Authorize release of Performance Bond #1240932 for roads, streets, and drainage, in the amount of $26,276.80 for Legacy Place; J.E.L. Site Development, Inc., Applicant. (2021-2999)

Leisure Services

Business Office

13. Approve and authorize the Chairman to execute the Funding Agreement Fiscal Year 2021-2022 between Seminole County and Ritz Community Theater Projects, Inc. d/b/a Wayne Densch Performing Arts Center in the amount of $50,000. (2021-3005)

14. Approve and authorize the Chairman to execute an Arts Funding Agreement Fiscal Year 2021-2022 between Seminole County and Seminole Cultural Arts Council Inc., in the amount of $50,000. (2021-3006)

Public Works

Engineering

15. Pulled for separate discussion.

16. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-149 to amend Seminole County Administrative Code Section 20.10 (D), Subdivision Regulations, subparagraph (14), Sidewalk Fund Fee, to adjust the fee schedule for the Sidewalk Fund to current construction costs. (2021-3009)

17. Approve and authorize the Chairman to execute a Temporary Construction and Access Easement and Permanent Multi-Use Trail Easement Agreement between Seminole County and the City of Altamonte Springs relating to the City’s trail connection project (Flex Path Connection) located at the southwest corner of Sanlando Park approximately 1,000 feet (0.19 miles) north of Central Parkway. (2021-2978)

18. Approve and authorize the Chairman to execute the Central Parkway Stormwater Improvements Operation, Maintenance, and Easement Agreement between Seminole County and the City of Altamonte Springs relating to the City’s pond serving Central Parkway located on County property at the southwest corner of Sanlando Park approximately 1,000 feet (0.19 miles) north of Central Parkway. (2021-2980)

19. Pulled for separate discussion.

20. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #130 for 625 ± square feet of land between James S. Ekern, Jr. and Cecelia V. Ekern and Seminole County for early acquisition of property needed for the Orange Boulevard Improvement Project (Tax ID#16-19-30-5AB-2100-002A) for $4,200.00, as full settlement of all claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2021-2988)

Facilities

21. Approve and authorize the Chairman to execute the Second Amendment to Lease Agreement with Kid’s House of Seminole County, Inc. (2021-3035)

22. Approve and authorize the Chairman to execute the Memorandum of Understanding between Seminole County and Florida Department of Health – Seminole County for use of Impower building and Thomas B. Ball building for administrative office space; Short Term Lease Agreement with Thomas B. Ball, III, L.L.L.P.; and Short Term Lease Agreement with Impower, Inc. (2021-2992)

23. Approve and authorize the Chairman to execute the Fourth Addendum to Seminole State College of Florida Heathrow Center Lease with maturity date of March 31, 2032. The annual rent increase is $4,769.52 for a total of $49,213.38. (2021-3001)

Resource Management

Budget

24. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-150 implementing Budget Amendment Request (BAR) #21-095 through the General Fund in the amount of $3,850,000 from reserves for design of the Five Points Criminal Justice Center Renovation. (2021-2994)

25. Pulled for separate discussion.

26. Approve appropriate Resolution #2021-R-152 implementing Budget Amendment Request (BAR) #22-002 through the Emergency Management Preparedness and Assistance (EMPA) grant for $10,268 to appropriate the purchase of a storage shed for Animal Services. (2021-2996)

Purchasing and Contracts

27. Award RFP-604127-21/LNF, Term Contract for Consulting Services for Permitting Software Needs Assessment, to Plante & Moran, PLLC, Southfield, MI, in the amount of $154, 417.00; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-2979)

28. Award RFP-3864-21/TAD, Hydrogeological and Well Services, to ASRus,LLC of Tampa and Connect Consulting, Inc. of Lake Helen; and authorize the Purchasing and Contracts Division to execute the agreements. (2021-2976)

29. Award RFP-604134-21/TLR, Enterprise Class Compute & Storage Datacenter Solution, to High Performance Technologies, LLC, Charlotte, NC, in the amount of $167,190.69 annually; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-2968)

30. Approve 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) Master Services Agreement for PS-3814-21/RTB - Architectural and Engineering Services for Seminole County Fire Station #25. (2021-2970)

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

Consent Agenda Item #9 – 2021-2971

Novel Parkway Final Plat

Chairman Constantine explained he voted against this project, and it has been subject of concerns about elimination of trees. As a matter of being consistent, he will be voting against this particular item.

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to approve the plat for the Novel Parkway subdivision containing three (3) lots on 14.75 acres zoned Planned Development, located southwest of the Wilson Road and International Parkway intersection; Crescent Acquisitions, Applicant.

Under discussion, Commissioner Zembower requested staff address the Chairman's comments in regards to the trees. There has been a lot of communication with the community. There have been allegations that trees were removed that were not supposed to be removed and areas that were gotten into that should not have been under the DO and the land use. He inquired if that occurred. Joy Giles, Planning and Development, responded Lot 1 of the Novel Parkway development received approval of final engineering plans in order to start site work development on the property, and trees were removed in accordance with the tree removal plan. Staff is on the site on a regular basis to ensure that trees are not being removed that are supposed to be saved. To their knowledge, no additional trees have been removed that were not approved to be removed. Once site work is done, they will have to replace trees.

Commissioner Herr advised she has done a site visit to this particular property with staff, inspectors, engineers, and others. As she understands it, the way the DO was written, there was use of what she would call qualifying language that allowed for the removal. It is we will save the trees "if possible." They have worked fairly consistent with the citizens in the attempt to understand what the DO said and what it didn't say and with the notion they need to get better at this in the future. Putting in a buffer of ten feet on a property like this is really not much of a buffer. She thinks they have concurrence with staff that that may have been an aggressive expectation in terms of what they thought it was going to look like versus what it looks like. There's also been subsequent conversation around what happens with the utilities after the fact. Some of the tree taking was a result of the power company coming in with where the lines were going. While this may not come out of the ground appearing to the degree that the citizens want it to appear, it followed the DO and it has been a learning experience in terms of how they want things to look. She has spent a significant amount of time riding around in other counties looking at apartment complexes that have come out of the ground that don't look like they're there, and the solution is the buffer. She has learned a considerable amount around what one property looks like versus another based on their distinct governing starting here at this board. From her perspective, this is a final plat and she will be voting for it.

Commissioner Dallari expressed a plat is different than a rezone or use change. He confirmed with Mr. Applegate that he would need to have a technical reason to deny a plat.

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

Commissioner Lockhart confirmed with Chairman Constantine the vote was unanimous.

Consent Agenda Item #15 – 2021-3007

Sipes Avenue and Pine Way Maintenance Map

Commissioner Zembower inquired why this was done for this area. Jean Jreij, Public Works Directors, explained the County has been maintaining the road for over four decades. Staff staked out the specific area where they have been maintaining, and they hired Southeastern, an independent surveyor, to prepare the plat, the documents, and to sign and seal it. To his understanding, the County already owns the area being maintained, and the plat is the boundary of that area. Commissioner Zembower inquired if this will be done in other areas of the county. Mr. Jreij responded they would like to be able to do that with identified areas where there have been issues. Commissioner Zembower inquired if that is in the current budget or something that will need to come before the Board for funding. Mr. Jreij responded the expense is minimal. As they identify certain areas, if they need funding, they will come to the Board.

Commissioner Zembower stated there's a perception that the County hasn't maintained certain areas that are now being claimed through the survey as right-of-way easement. He inquired if they didn't use the right-of-way to mow or service or maintain, what does that really mean. David Shields, Deputy County Attorney, responded this has been addressed in appellate court decisions. In an FDOT case from 1983, to determine whether there's been the proper maintenance for the statute, the test is not whether the maintenance is proper or frequent or thorough or open and obvious. The test is whether the maintenance was appropriate to the circumstances. And if so, the statutory test has been met. When the County maintains a road, it's doing so to keep the road open and to keep it safe for traffic safety purposes. It's not doing it to make the landscaping look pristine. Staff is regularly maintaining it as appropriate for that road. The statute says after a certain period of time the County has regularly maintained or repaired a road, the title is vested in the County if it's a county road. Where they are today is the title to this road has already vested in the County. Staff is now asking the Board to approve a map that will set a boundary between the right-of-way and the private property owners on the side so that there is a definite boundary.

Commissioner Zembower confirmed with Mr. Shields when staff is talking about road, they are talking about the road and all the supporting infrastructure for it. The Commissioner clarified and confirmed with Mr. Shields just because the County has not mowed a certain section or done some improvement or work in a certain area does not mean they no longer have the right to go in and take care of that area. Mr. Shields added the statute says after the County has done the maintenance for seven years, title is vested and it is the County's property.

Commissioner Dallari inquired if the survey being shown is different than what was assumed from the property owners. Mr. Shields responded he does not know what the property owners' position is. There was a public meeting a couple of weeks ago. Most of them seemed to understand what was going on. There were a couple of them that might have still had concerns.

Commissioner Lockhart left the meeting at this time.

Commissioner Dallari stated he wants to make sure there are no issues they need to be aware of. Mr. Shields responded he is unaware of any issues, and no one has discussed it with him directly except at the meeting. He is not aware of any reason why the Board cannot approve this map. They are not changing the status quo. They are confirming the status quo. The status quo is the County has a road there, and they just want to have something in the public record to show where it is.

With regard to public participation, John Spolski spoke in opposition and addressed concerns of the Palmetto Pointe project that is scheduled for an upcoming public hearing before the BCC. He is requesting to delay this item to give the residents ample time to go to professionals, to surveyors, that specialize in that field to verify the maps and that their property doesn't instead fall under an eminent domain type of procedure.

Commissioner Lockhart reentered the meeting at this time.

Commissioner Zembower inquired if during the course of putting this map together, due diligence of the adjoining property owners was done and if the legal team is aware of any claim the County has now right-of-way’d into an area that is in conflict. Mr. Shields explained the statute they are dealing with was adopted in 2003. It has a seven-year statutory period. If an adjoining property owner objects to the County doing the maintenance, doesn't want them on their property, and wants them to get off their property and move the road somewhere else, they're supposed to bring their lawsuit during that seven-year period. This maintenance has gone on not only for the last seven years but all the way back to 2003 when this statute was adopted and even before that. To his knowledge, there's never been a lawsuit against the County over the maintenance of this road. He would suggest under this statute, the time to oppose this has passed.

Neil Newton, Public Works, advised this particular corridor covers Pine Way from Brisson east to the curb. Then it becomes Sipes Avenue and it goes north all the way up to East Lake Mary Boulevard. He did the title work on the entire corridor and went back to the ‘50s or ‘60s. The title work showed inconsistencies. Most of them referenced the road. There was acknowledgment of the road. Some lessed out 7 and 1/2 feet. Some lessed out 15 feet. Some didn't even less it out; they just referred to it less road. Some didn't do anything at all. He provided that title work to the surveyors who tried to make it as accurate as possible on the map. Commissioner Zembower confirmed with Mr. Newton in the areas that were inconsistent, they erred on the side of not going in those areas. The Commissioner also confirmed with Mr. Newton he is comfortable that as much due diligence has been done that reasonably can be done to identify where the true right-of-way of this road should be. Continued discussion ensued. Mr. Applegate suggested having another meeting to clear up any possible engineering or survey questions.

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to continue to date certain November 9, 2021, the request to approve and authorize the Chairman to adopt and execute a Resolution accepting a Maintenance Map for portions of Sipes Avenue and Pine Way from East Lake Mary Boulevard, south and west to Brisson Avenue, and directing this map to be recorded in the Public Records of Seminole County; and request staff reach out to those property owners and inquire if there is any true concern.

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

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

Consent Agenda Item #19 – 2021-2981

Wekiwa Springs State Park Easement

for Florida DEP Turn Lane Project

Chairman Constantine stated there have been discussions over the years about the difficulty of getting into and the popularity of the Wekiwa Springs State Park. This agreement is for public right-of-way and construction maintenance of a sidewalk along a portion of Wekiva Springs Road. With Orange County and the DOT and the DEP, there are going to be improvements into the opening of Wekiwa State Park. He thought everybody should be aware of that.

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve and authorize the Chairman to sign Easement Number 33398 from The State of Florida, Department of Environmental Protection (FDEP) as agent to Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to Seminole County for public right-of-way for the construction and maintenance of a public sidewalk along a portion of Wekiva Springs Road at Wekiwa Springs State Park, accepting the terms as set forth in this easement. (2021-2981)

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

Consent Agenda Item #25 – 2021-2983

BAR #22-001 – FEMA SAFER Grant

Chairman Constantine stated this request is to add 30 new firefighters over the next three years. He invited Fire Chief Otto Drozd to comment. Chief Drozd stated this a three-year grant with no match. The $7.3 million will give the opportunity to onboard 30 firefighters that will be serving the community in some of the busiest areas and help improve response time as well as availability.

Motion by Commissioner Herr, seconded by Commissioner Dallari, to approve appropriate Resolution #2021-R-151 implementing Budget Amendment Request (BAR) #22-001 through the Federal Public Safety Fund in the amount of $7,321,470 and the Fire Protection Fund Reserves in the amount of $270,840 for total amount of $7,592,310 to appropriate a FEMA Grant to hire thirty (30) additional firefighters. (2021-2983)

Under discussion, Commissioner Zembower inquired what happens to the 30 firefighters in the fourth year when the grant money is gone. Chief Drozd responded they can be absorbed into the budget. He has looked at the long-range model with Resource Management and that can be done if it proves to be the benefit they believe it will be. They are also building new stations, and they can be absorbed into those stations if needed. In the worst case scenario, they attrition enough throughout the year to absorb them through attrition.

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

Item #31 – 2021-2997

Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve Expenditure Approval Lists dated September 14 and 30, and October 5, 2021; Payroll Approval Lists dated September 16 and 30, 2021; and the BCC Official Minutes dated July 13 and 27, August 10 and 24, September 15 (First Budget Public Hearing), and September 28 (Second Budget Public Hearing), 2021.

Grant Maloy, Clerk of Court and Comptroller, distributed a letter to the Board (received and filed). He advised due to a lot of the technology improvements and a great staff doing more with less, the Clerk's Office will be returning $600,525.56 back to the County. Chairman Constantine stated there has also been a request to spend some of it. Clerk Maloy responded there are a couple of projects to be funded. One is funded with the a/c redundant project. The other would be the backup generator, which he has spoken to the County Manager about, that would give full redundancy for the IT system at the courthouse which handles courts plus county finance. Ms. Guillet advised they are projects that would need to be done anyway. Commissioner Dallari commented under Clerk Maloy's leadership, the Clerk's Office is doing a great job. Clerk Maloy summarized some of the technology improvements that have been made. Altogether, his office has sent back to different respective governmental agencies about 1.3 million of taxpayer dollars this year.

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

Clerk & Comptroller’s “Received and Filed” Documents

1 2021-2022 One Year Action Plan Certifications as approved by the BCC on July 27, 2021
Amdmt #1 to W.O. #1 to PS-3175-20/Atkins North America, Inc.
3 Amdmt #1 to W.O. #17 to RFP-9601-14/Revere Control Systems, Inc.
4 Amdmt #1 to W.O. #36 to PS-1320-17/Wood Environmental & Infrastructure Solutions, Inc.
5 Amdmt #1 to W.O. #37 to PS-1320-14/Southeastern Surveying and Mapping Corp
6 Amdmt #1 to W.O. #39 to PS-1822-18/CPH, Inc.
7 Amdmt #1 to W.O. #43 to PS-1320-17/Southeastern Surveying and Mapping Corp
8 Amdmt #1 to W.O. #2 to RFP-9948-14/Jacobs Engineering Group
9 Amdmt #3 to W.O. #24 to PS-8186-13/CPH, Inc.
10 Amdmt #3 to W.O. #30 to PS-8186-13/Reiss Engineering, Inc.
11 Amdmt #3 to W.O. #9 to PS-9742-14 with Jacobs Engineering Group, Inc.
12 Amdmt #4 to W.O. #5 to PS-0426-15/Horizon Engineering, Inc.
13 Amdmt #5 to W.O. #3 to PS-0121-15/Singhofen & Associates, Inc.
14 Amdmt #5 to W.O. #63 to PS-0009-15/Metric Engineering Inc.
15 Approval D.O. #21-30000066/Scott Hoene, WMG Development, LLC/W SR 434 (2127)
16 Approval D.O. #21-32000006, Special Exemption, 205 Live Oak Ln, Isola
17 Approval D.O.s #21-30000058, 3035 Security Ave, Baker/#21-30000060, 1053 Princess Gate Blvd, Miller
18 Approval D.O.s #21-30000061, 2794 Falcon Crest Pl, Diaz/#21-30000063, 139 Rose Briar Dr, Hilliard
19 Approval D.O.s #21-30000062, 8824 Lake Hall Ln, Fisher and Nguyen/#21-30000064, 197 Manor Ave, Casey
20 Audit of Ernst & Young, LLP
21 Audit of the Emergency Rental Assistance Program - Part 1
22 Bid (1) for BID-604175-21 from American Ramp Co
23 Bid (4) for CC-3854-21 from Schuller Contractors, Central Florida Environmental Corp, Prime Construction Group, and Cathcart Construction Company
24 Bids (4) for RFP-604134-21 from High Performance Technologies, Veytec, CDW-G, and Cumberland Group
25 Bids (5) for CC-3883-21 from US Veteran Contractors, RAK Construction, Linton Enterprises, Insight Construction and Management, and Dager Construction
26 Bids (5) for CC-3915-21 from US Veteran Contractors, RAK Construction, Linton, Dager Construction, and Insight Construction and Management
27 Bills of Sale (2) for Holiday Inn Express Home 2 Suites; Bharat Desai and Broadstone Apartments; CRP/AR Parkway Owner, LLC
28 C.O. #3 to CC-3144-20/Southern Development and Construction, Inc.
29 C.O. #4 to CC-3398-20/Construct Co., Inc.
30 C.O. #8 to CC-2722-19/APM Construction
31 Cash Maintenance Bond and Escrow Agrmt/$10,479.03/Broadstone Apartments
32 CC-3770-21/L7 Construction, Inc.
33 CC-3854-21/Central Florida Environmental Corp
34 Closeout to W.O. #12 to CC-1391-17/Schuller Contractors Inc.
35 Conditional Utility Agrmt/Nidy Sports/Nidy Properties LLC
36 Denial D.O. #21-30000059/200 Lew Drive/Julie Sjodin/
37 First Amdmt to ESG Subrecipient Agrmt PY 2020-2021/Embrace Families Solutions (2020-2024 Five Year Consolidated Plan & One Year Action Plan as approved by the BCC on February 23, 2021)
38 First Amdmt to CDBG Subrecipient Agrmt PY 2020-2021/Central Florida Family Health Center (2020-2024 Five Year Consolidated Plan & One Year Action Plan as approved by the BCC on February 23, 2021)
39 First Amdmt to ESG Subrecipient Agrmt PY 2020-2021/Seminole County Victim's Rights Coalition (2020-2024 Five Year Consolidated Plan & One Year Action Plan as approved by the BCC on February 23, 2021)
40 First Amdmt to ESG Subrecipient Agrmts PY 2020-2021 w/Recovery House of Central Fl, Inc. and Rescue Outreach Mission of Central Fl, Inc. (part of the 2020-2024 Five Year Consolidated Plan and One Year Action Plan approved on February 23, 2021)
41 First Amdmt to RFP-603140-18/Romano Kopp Law, P.A.
42 FPSC Order PSC-2021-0357-CO-WS Issued 9/15/21
43 FPSC Order PSC-2021-0373-FOF-WS Issued 9/28/21
44 FPSC Order PSC-2021-0374-TRF-GU Issued 9/28/21
45 Maintenance Bond #2317136/$9,606.70/Holiday Inn Express-Home Suites
46 Parks Contract for Services with Christopher Taylor and Christopher MacDonald
47 Parks Contract for Services with David Crumley
48 Parks Contract for Services with Eric Bullock
49 Parks Contract for Services with Jim Hancock
50 Parks Contract for Services with Mary Pat Campbell
51 Performance Bond #2324957/$42,394/Cameron Heights Village F Ph. 2 (Riverbend)
52 Performance Bond #800054846/$345,480.73/Preserve at Riverbend
53 Performance Bond #CIC1914938/$20,653.71/Jakubcin Place aka Brentwood Landing
54 PS-3532-21/Godfrey's Associates, Inc./Library Master Plan Consulting Services Agrmt (as approved by the BCC on July 27, 2021)
55 PS-3761-21 with Consor Engineers (Ranking List approved by the BCC August 24, 2021)
56 Renewal Letters for FY 21-22 for Civil Traffic Hearing Officer Svs Agrmt/Charles J. Cino/Christopher Morrison/John A. Pascucci/Melody U. Pullen
57 Second Amdmt to IFB-603725-20/TechnicalRescue.com, Inc.
58 SS-604170-21 with Gazelle.AI
59 Tourist Tax Funding Agrmt for 99% Fall Showcase with Florida PGF, LLC
60 Tourist Tax Funding Agrmt for September 50's with Florida Half Century Amateur Softball Association, Inc.
61 Tourist Tax Funding Agrmt for Sunshine State SNIT with Florida Diamond Sports Management
62 Tourist Tax Funding Agrmt for 2021 Southern Retreat with 3 Step Sports, LLC
63 Tourist Tax Funding Agrmt for Elite Qualifier with USSSA Central Florida Fast Pitch, LLC
64 Tourist Tax Funding Agrmt for B Championships with USSSA Central Florida Fast Pitch LLC
65 Twenty-Second Amdmt to RFP-601461-12/Florida Cleaning Systems
66 Vesting Certificate (Impact Fee) #21-01800002 for Loma Vista Medical Office; RAAD, LLC
67 Vesting Certificate (Impact Fee) #21-01800002 for Loma Vista Tract D; PD Land Holdings, LLC
68 Vesting Certificate (Impact Fee) #21-01800004 for Novel Parkway; CC Parkway Owner LLC
69 Vesting Certificate (Impact Fee) #21-01800008 for Sanford Trails Estates (Lot 13)/Wayne and Beverly Hammond
70 Vesting Certificate (Impact Fee) #21-01800009 for Sanford Trails Estates (Lot 14)/Thomas and Katrina Nellis
71 Vesting Certificate (Impact Fee) #21-01800011 for Rosecrest fka Cameron Heights; D.R. Horton
72 Vesting Certificate (Impact Fee) #21-01800012 for Eastgrove Village B at Cameron Heights; Elite Trust & Escrow Co., LLC
73 Vesting Certificate (Impact Fee) #21-01800013 for Eastgrove Village C at Cameron Heights; Ivanhoe Holding Group, LLC
74 Vesting Certificate (Impact Fee) #21-01800014 for Riverbend Village D(aka Riverbend at Cameron Heights Phase II); D.R. Horton
75 Vesting Certificate (Impact Fees) #21-01800005 for Sylvan Estates; Lisa J. Metcalf
76 Vesting Certificates (Impact Fee) #21-01800003 for River Run; Pulte Homes and #21-01800007 for Reserve at Hillview; CND-Keller, LLC
77 Vesting Certificates (Impact Fee) #21-01800015 for Riverbend at Cameron Heights Village E, G-1, and J; D.R. Horton, Inc.
78 Vesting Certificates (Impact Fee) #21-01800015 for Riverbend at Cameron Heights Village F and G-2; Forestar (USA) Real Estate Group
79 W.O. #11 to PS-2468-19/GAI Consultants, Inc.
80 W.O. #12 to PS-2468-19/GAI Consultants
81 W.O. #15 to CC-1391-17/Schuller Contractors, Inc.
82 W.O. #16 to PS-1666-07 with Inwood Consulting Engineers
83 W.O. #25 to PS-1998-18/E Sciences, Inc.
84 W.O. #26 to PS-1998-18/E. Sciences, Inc.
85 W.O. #3 to PS-2872-20 with Ayres Assocs
86 W.O. #42 to PS-1822-18/Carollo Engineers
87 W.O. #43 to PS-1822-18/CDM Smith
88 W.O. #44 to PS-1320-17/Southeastern Surveying and Mapping Corp
89 W.O. #44 to PS-1822-18/CPH
90 W.O. #45 to PS-1320-17/Southeastern Surveying and Mapping Corp.
91 W.O. #6 to PS-1802-18 with Kittelson & Assocs.

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #32 – 2021-3004

Environmental Services Water & Sewer Master Plan

Terry McCue, Ph.D., Environmental Services Director, addressed the Board to present the Environmental Services Water & Sewer Master Plan (included in the agenda memorandum). He stated today they are not asking for approval of the utility master plan as a working document to deliver necessary capital improvements to maintain level of service standards. They will be doing that at a workshop early in 2022. They are also not asking for any decisions from the Board on water sewer rates for Fiscal Year 2023 or any year thereafter. While they will discuss what viable future rate plans could look like, discussion on FY 2023 and later will take place at the first budget workshop in May of next year. The only decision they are asking for today is on water and sewer rates for the balance of FY 2022 starting January 1, 2022, and the recommendation is to approve a 4.6% water and sewer rate increase.

The main conclusions from the master plan is that R&F, renewal and replacement, is the main driver of the CIP, capital improvement plan. Significant investment is necessary to maintain the utility infrastructure to maintain level of service standards. Also, of critical importance is developing a sustainable, long-term water supply strategy. The work of the expert consultant team resulted in a CIP through FY 2040 and will show the Board what viable rate plans could look like that are both environmentally and fiscally responsible.

Dr. McCue stated the total book value of assets is over $800 million, and replacement value for this infrastructure is well over $1 billion. He emphasized this plan is not a holistic water policy. The Board has identified the development of a holistic water policy as one of the County's ten strategic priorities. Dr. McCue will be engaging with Jacobs to work with elected officials, the public, and stakeholders to deliver that policy next year. As that process continues, any capital projects that can be funded by the utility enterprise will be folded into the utility CIP.

Dr. McCue introduced Steve Riley, Jacobs Engineering Group, as the leader of the utility master plan effort.

Commissioner Zembower exited the meeting at this time.

Mr. Riley reviewed the County Service Areas slide of the presentation. The northwest, northeast, southwest, and southeast service areas have no major planned expansions. The areas shown in black are mostly older Florida water systems that the County acquired a couple of decades ago. Those were evaluated in detail in the 2013 master plan. There is not any major growth planned in those areas so they were not reevaluated. There were still some projects in those areas mostly related to replacement of old, deteriorated piping; and those projects were imported into the CIP for this master plan. Mr. Riley reviewed the Objective, Key Findings of Master Plan Update, and "Family" Structure Introduced to CIP slides of the presentation.

Daniel Broxson, Engineer with Jacobs, reviewed the Rehabilitation & Replacement Program Goals; Renewal and Replacement Needs; and Renewal & Replacement slides of the presentation.

Commissioner Zembower reentered the meeting at this time.

Mr. Broxson reviewed the Conservation by County Customers slides.

Al Aikens, Senior Hydrogeologist with Jacobs, reviewed the Sustainable Drinking Water Supply Strategy and Water Wheeling - Northeast to Northwest slides. He advised there are two current regulatory activities that will change how the consumptive use permit, CUP, renewal will likely happen in 2029. One of those things is regional water supply planning. The 2020 Regional Water Supply Plan was recently passed. There will be a 2025 Regional Water Supply Plan, and there will also be a 2030 Regional Water Supply Plan. That will probably be all ready to go by the time the new permit gets renewed. There's also a program called Minimum Flows and Levels which assesses withdrawals on wetlands, lakes, and springs. Its function is to make sure the withdrawals don't negatively impact the water bodies. There are eight water bodies that are currently on schedule from the Water Management District to be evaluated in the next three years. Of those, the regional utilities and the county's utilities have some level of impact to them.

Mr. Aikens reviewed Water Supply Projects (Near-Term). Within the master plan and CIP are three recommended projects for consideration and evaluation. The first recommended project is the activation of a storage and recovery well in the northwest. That well was installed in the early 2000s by the Water Management District and the County. The second recommended project is the testing of the hydrogeology at Yankee Lake for membrane concentrate management if that is needed. The third recommended project is testing the deepening of existing water supply wells in the southeast regional water supply facility because those will help lessen the effects to surface water levels and wetlands by withdrawing water from a deeper level in the aquifer.

Mr. Aikens reviewed the Alternative Water Supply Treatment Plant at Yankee Lake Site. Implementing potable water supply at Yankee Lake in the late 2030s is the end-of-the-bookshelf, last-resort option depending upon how the other solutions potentially work out and how regulations change in the next 20 years or so. It's in the master plan and CIP because it needs to be considered as they move forward. It's a very expensive project at $100 million.

Dr. McCue reviewed the Path Forward slide. For FY 2023 moving forward, for the BCC's action next May at the first budget workshop, they will take this CIP under consideration for future choices.

Commissioner Dallari stated he would like to see prior to or at the beginning of this master plan some type of prelude that they are going to be working on saving the springs as well as the rivers. By doing that, they are actually saving the groundwater. The aquifer is something they should be very concerned about and be very proactive, not wait 10 years until it's critical.

Commissioner Dallari stated he had several issues as the presentation moved forward. In the beginning, they discussed different utilities, but there's only one aquifer. He would like to understand in this county, because of all of the different utilities, which utilities are overpumping and which ones are underpumping so they can understand where those needs are. In looking at this, it gives limited options, and he thinks they need to have more options. Going through this study, it's important to also understand the surrounding utilities. For example, the Black Hammock area is served by Oviedo even though it's the county's infrastructure. The Commissioner would like to understand how that is happening with the city's CUP to make sure they are looking at the groundwater aquifer holistically.

With regard to the former Flea World and Oxford Road projects, Commissioner Dallari wants to know who is picking up the cost for that. He needs to understand that for the rate base so they understand the development is paying its fair share. He thinks that's going to be one of the key things as well as the CUP.

Looking at the "Family" Structure Introduced to CIP slide, it talks about alternate water supply. They talked about $100 million of today's money, but they are going to be doing it in the future. He would like to know what the dollars could potentially be worth in the future because it's definitely north of $100 million if they are looking at today's dollars.

With regard to rehabilitation and replacement, Commissioner Dallari would like to understand how they are actually replacing existing pipe structures and if they are doing open cut, pipe bursting, looping, and if they are looking at the fire flows.

With regard to conservation by customers and indoor water, they are saving about 15 gallons per capita. The Commissioner wants to know what that capita is for the service area. When they go to the outdoor water, he wants to know how they are looking at that by water meter because it's a different number altogether, and he thinks they should keep it clear.

With regard to water wheeling in the past, they talked about water wheeling of new projects with roads and putting in new pipelines; but this talks about existing. Commissioner Dallari would like to understand how that is happening and how they can maximize that. He needs more definition about the water wheeling and about using the existing utilities. They should also be talking about the one-water philosophy that they are hoping to do holistically. When talking about maximizing sustainable groundwater for long-term use, he would like to know how they should be doing that.

Commissioner Dallari commented with testing the aquifer for storage as well as the aquifer recharge, he is not buying into that right now. He would like to know what they can do more holistically internally and with the present building codes. If the plant in today's money is $100 million, in the future north of that, how much of that can they spend to do some improvements on some of the existing infrastructure. With regard to alternatives for the county, the Commissioner stated he needs to have more information totally.

Chairman Constantine commented that to him this is not a master study. A master study includes what Commissioner Dallari has pointed out. He sees this as a rate study, as a repair-and-replacement study, not a master plan or holistic water study. He is looking for a wow factor as they have talked about in the one-water and the holistic-water approach. They have to really find ways to build a true conservation program into this.

Commissioner Lockhart confirmed with Dr. McCue that at the beginning of his presentation he specifically said this was not the one-water wow. The one-water wow is a part of the key strategic initiatives, and that's going to be an ongoing conversation that this Board is going to have a lot of input and further detail in. Dr. McCue advised in the early part of next year, they we will be scheduling a work session with detailed discussion on this master plan seeking the Board's approval to implement the CIP and recommendations to deliver this infrastructure. Following that workshop, they will have a discussion on future rate implications in May as part of the first budget workshop to address rate implications of future planning. The holistic water policy will take part of the year, but staff will be engaging the Board in those discussions including during the work session at the early part of next year to discuss what these things could look like.

Commissioner Dallari commented the first slide of this presentation says Seminole County Utility Master Plan. It doesn't say rate schedule or rate study. He wants to make sure it is on the record that this is not a comprehensive master plan, even though it says master plan. Ms. Guillet clarified this is not a rate study. It is a master plan for facilities to ensure that the county utility is able to provide water to and from existing and future development in the county. It is a master plan for the facilities that are necessary in order to provide the service that the utility provides. She thinks it's important to say this is a master plan for how this public utility is going to deliver services to this community, and an element of that is how to pay for it.

Dr. McCue introduced Eric Grau with Stantec, who has been working as the County's primary rate consultant for nearly ten years. Mr. Grau explained staff requested Stantec evaluate the impacts of the updated utilities master plan upon the financial management plans that were presented to this Board both in May and August of this past year. As a result of the exercise, there have been three changes to the financial analysis. The first is that they extended the planning horizon for the financial model from 10 years to 20 years to match that of the utilities master plan update. Secondly, they replaced "assumed annual capital spending" requirements to reflect the actual results from the updated utilities master plan. And, third, to the extent this Board were to adopt a rate adjustment for FY 2022, they assume that rate adjustment would become effective on January 1, 2022.

Mr. Grau reviewed the 20-Year Financial Management Plan: Introduction to Dashboard slide. Reflected in the blue rows and blue bars is a rate plan scenario that is consistent with what will be presented to the Board as part of the rate discussion. To correspond to that scenario, they have assumed a rate increase of 4.6% starting for FY 2022. What would be required after that point would be five years of a 4.75% annual rate adjustment followed by 3% thereafter. This would be a long-term financially sustainable plan that funds all the requirements of the system through 2040 as identified today and manages the use of available resources such that no borrowing would be needed until 2040 when they have the alternative water supply project. Stated in current-day dollars, it's $100 million. If they assume a 3% compounding on that $100 million by 2040, that is a number that is north of $170 million.

Mr. Grau stated they also evaluated what the impact of the rate plan might be if they assume a lower rate increase for FY 2022, which is reflected in green on the slide. Instead of 4.6%, if they assume 3.75% for FY 2022, what that would require in order to generate similar financial results is instead of five years of 4.75%, it would be five years of 5% followed by 3% annual rate adjustments. The key takeaway there is the lower the rate adjustments are today, the greater they need to be over time all else equal. Both of the rate plans are long-term financially sustainable plans that avoid the need for new borrowing until alternative water supply.

As an academic exercise, they wanted to evaluate what the impact upon future rate impacts might be based upon the different alternative water supply assumptions. Basically, they wanted to know what the impact might be if they needed the project five years sooner or if they were going to cash fund versus debt fund the project. The key takeaway is that if the Board were to adopt the recommended 4.6% for FY 2022 and then embarked upon a plan that ultimately resulted in five years of 4.75%, then by FY 2028, the utility is well-positioned to address future alternative water supply needs.

Mr. Grau reiterated their recommendations will be focused on FY 2022, and they are not asking for anything related to FY 2023 and beyond. Focusing on FY 2022, if they look at the combined water and sewer bill for a typical customer who uses 8,000 gallons on average per month for water with indoor and outdoor usage, that current bill today is just over $88 per month. If they applied a 4.6% rate adjustment to that $88 bill, it takes that bill for FY 2022 to just over $92, which is a daily increase of approximately 13 and a half cents from FY 2021. If they assume the 3.75%, that's a daily increase of about 11 cents from FY 2021. Their recommendation for FY 2022 is 4.6%.

With regard to public participation, Gabriel Milch spoke on Item #32 and Item #33. No one else spoke and public input was closed.

Commissioner Dallari commented even though the increase may seem like it's not much, it may be a lot for people on fixed incomes. He inquired how do they level this out by borrowing some money today and doing the capital improvement earlier in today's dollars instead of waiting 20 years for tomorrow's dollars. Dr. McCue explained direction from previous boards in the past has been to avoid short-term borrowing, so the rate plans presented today made that assumption. For FY 2023 moving forward, that decision is not going to be made until next May. As part of that presentation, they can include a scenario that looks at short-term borrowing to see what a viable plan could look like for the Board's consideration.

Agenda Item #33 – 2021-2995

Resolution amending Section 20.45 of the Seminole County

Administrative Code to increase Water and Sewer Charges

Dr. McCue explained this item is to ask the Board's approval or consideration for a decision on rates for FY 2022.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2021-R-153 amending Section 20.45 of the Seminole County Administrative Code to increase Water and Sewer service charges by 4.6% and to provide an effective date of January 1, 2022; and that a work session is brought back in January/February as was committed that is more holistic and interactive in nature.

With regard to public participation, Gabrielle Milch spoke on this item during Item #32 public participation. No one else spoke and public input was closed.

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

District 1 voted NAY.

Motion passes 4 to 1.

Agenda Item #34 – 2021-3017

County Investment Advisor Report

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

Motion by Commissioner Zembower, 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.

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

COUNTY ATTORNEY BRIEFING

No briefing.

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Chairman Constantine recessed the meeting at 12:15 p.m. reconvening at 1:45 p.m. with all Commissioners and all other Officials, with the exception of Clerk Maloy, who were present at the Opening Session.

COUNTY MANAGER AND STAFF BRIEFINGS CONTINUED

Agenda Item #35 – 2021-2934

East Lake Mary Blvd. Small Area Study

David Nelson, Renaissance Planning, presented the East Lake Mary Boulevard Small Area Study Final Findings Update (included in the agenda memorandum).

Commissioner Herr confirmed with Jean Jreij, Public Works Director, there is already a commitment to put a light at Celery and 415. Commissioner Dallari requested Mr. Nelson include that in the plan.

Commissioner Zembower mentioned the Board just asked the Chairman to draft a letter to the Expressway Authority about getting a connection to the 417 directly into the airport, so they probably want to be looking at that and coordinating as they go forward. Likewise, FDOT has begun to move away from bicycles in the roadway and moving more to multiuse sidewalk trail areas, so they might want to look at that as far as consideration when talking about lighting bike areas. They also have already approved, with FDOT grant monies, an entry into the county, a place-making, as you come from Volusia County over the 415 bridge. That is slated to go from just this side of the bridge all the way down Lake Mary to the airport entrance as well as 46 going west down past the elementary school, so when talking about place-making, entry-way, gateway-type features for additional road planning and enhanced landscaping, that is already in the works.

With regard to trail issues, Commissioner Zembower stated it would be nice to have staff look at a cost analysis as development occurs to get right-of-way donation as needed to make connections. The Commissioner addressed Silver Lake wildlife crossing. His concern is if they have that much wildlife coming from Silver Lake crossing Lake Mary Boulevard to get to the conservation in Lake Jesup, the traffic is only going to increase. He inquired if they have looked at any viable solutions of how to accommodate the wildlife and what specific wildlife has been identified that would need the ability to cross the roadway. Mr. Nelson responded his understanding from people that live in that area is the ditches and culverts under East Lake Mary Boulevard is the entryway for alligators and things like that. If they want to use that as an ad hoc wildlife crossing, they would need to make sure those ditches and culverts are maintained and cleared.

Commissioner Dallari stated the connection of the airport entrance is critical to be shown on this plan. Also, at the end of the runway, there is a no-build area that needs to be clearly depicted. With the Silver Lake wildlife corridor, there should be some verbiage in this study that talks about the water quality, what they are aiming for, what the goal is, instead of just saying keep it clean. If it's not in the document, the next generation of commissioners may not be picking up what's supposed to be said. There are a bunch of projects Mr. Nelson mentioned that could potentially be in this study, and he would like to somehow see that memorialized in the study. With regard to the Joint Planning Agreement, this sets the ground rules for the JPA. If it's not in the small area study, it's not getting in the JPA.

Chairman Constantine advised at the last meeting of the CFX, the executive director indicated the letter that came from the BCC and her support of it, and it is on the next agenda in the consent calendar.

With regard to public participation, Susan McCaskill displayed a map and submitted a petition (received and filed) asking the Commission to follow the guidelines in the JPA and make the area on the east side of Ohio AIC, (airport, industrial, and commerce) so that it is consistent with the land that surrounds it.

Commissioner Herr stated it's written up that the preferred land use for that specific area, Ohio Avenue transitional district, is single-family residential; but in the document, it's suggested that is short-lived. She requested Mr. Nelson address the disconnect between the bottom half of the paper and the preferred land use. Mr. Nelson explained this area is transitional; but in the grand scheme of the airport expanding, from looking at the airport master plan, presenting to the airport, and hearing their feedback, their priority for expanding is going to be on the east side of the airport between the two runways dealing with the runways. This smaller area of Ohio is down on the priority list. That may change a little bit depending on what happens if the 417 exit is connected and the character of the airport entrance is changed, but they don't know that timeline right now. Their direction to staff was they recognize this area is going to change; they just don't think it's tomorrow or five years from now, so they wanted to give guidance to staff that this is a transitional area. It's going to densify as uses change and as the airport grows. The point they wanted to make was they need to make sure there are proper buffers installed to the existing residential so this area doesn't grow and then all of a sudden there's a hotel or an office across the street from Silver Lake with no buffering or transition. They recognize it's going to grow, but they want to make sure it grows correctly.

Chairman Constantine inquired if the Board needs to accept the recommendation and what the next step is on this. Commissioner Dallari stated before they accept it, he would like to get some of these things added to the plan. He thinks that is important so they don't have to go back. Ms. Guillet explained they are looking for feedback. If the Board is comfortable with the way the report is fashioned now, staff would ask the Board accept it so it can be used as a planning tool in working with the City of Sanford on the JPA and working with the airport and all of the property owners out there. However, there seems be some additional feedback, and staff can go back and work on it some more. It's really up to the Board.

With regard to additional public participation, Katrina Shadix requested Bear Warriors and other environmental organizations be consulted on this project with respect to wildlife crossing.

No one else spoke on this item and public comment was closed.

Commissioner Zembower thinks they need another look at this from staff. There are some significant items that are already in the pipeline and are not correctly reflected in the study.

Chairman Constantine confirmed with Ms. Guillet staff had the direction they needed.

Agenda Item #36 – 2021-3011

Executive Management Dashboard Presentation

Steve Fussell, Office of Organizational Excellence, presented the Executive Management Dashboard Presentation (included in the agenda memorandum). He advised they just completed the proof of concept. They are not asking for any action from the Board; this is for information and feedback.

Commissioner Zembower inquired if the individual departments that participated saw a benefit and if they feel moving forward, whatever platform is adopted would make their job easier. Mr. Fussell responded it was a bit of a mixed bag. The common message was that if you build this, it's going to require staff resources, so it has to be automated and very good, and it has to deliver more than staff puts into it. Public Works has engaged Jacobs to do project program portfolio management, and they have a dashboard. They said they are already reporting on a lot of this stuff. It has to be simple. If they are going to be included in that effort, it has to be automated. All of the different departments agree they need performance management, dashboarding, and they just need to do it right. Having this proof of concept with a tool provided a good quick look at how they need to proceed.

Commissioner Herr thinks there's one piece in this report she didn't see that has to be contemplated. The system that they use or the program they build needs to be able to ingest data. She thinks as they select vendors, they're going to have to put criteria in their scope of services that says they're going to have to provide data in an adjustable format. For the Environment Services Department that already has a platform, they're going to have to be able to provide the flat file in the format that is needed. The time to get them to do that is before the contract is awarded. In addition to that, there has to be the ability for something to go in and grab what is needed that comes out of this operation that says I want to see it a different way. They need to be thinking about what is the way to go grab and report out effectively with as little human interaction as possible.

Commissioner Dallari inquired if this was something that could be used with J.D. Edwards. Mr. Fussell responded it is compatible and that is something that will be in the RFI or RFP. The Commissioner stated when building automation software, there's an open platform and closed. He inquired if that is being looked at from that perspective as well. Mr. Fussell advised that is a question he will engage with IS.

PROOFS OF PUBLICATION

Motion by Commissioner Dallari, seconded by Commissioner Zembower, 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

Agenda Item #37 – 2021-2874

Ordinance Amending Seminole County Code

Chapter 20, Animals and Fowl

Alan Harris, Emergency Management Chief Administrator, addressed the Board and presented the request as outlined in the agenda memorandum. He advised they are working on a few other items to be brought forward at future meetings; such as, the number of animals inside of a home, better management of community cats, and the protection of wild and exotic animals.

Commissioner Zembower confirmed with Mr. Harris they are going to come back and amend this again more likely than not. The Commissioner stated he would like them to look closer at Section 20.21, odors, starting at line 382 going down through 388. He thinks it's somewhat subjective, and his concern is from a land use perspective. He would like the legal team to take a close look at how they best look at that. If this is as good as it gets, okay; but he thinks they can tighten that up a little bit. If they are going to come back and amend it, he's okay moving forward today and doing that at a later time.

With regard to public participation, John Hanley and Miriam Barnes submitted written comment forms in support. The following spoke in support: Bryan Wilson, Sandra Boylston, Michelle Chapman, Katrina Shadix, and Carla Wilson. No one else spoke and public input was closed.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt Ordinance #2021-39 amending Seminole County Code Chapter 20, Animals and Fowl, to include provisions to protect against animal cruelty and approve the addition of a magistrate to oversee civil cases related to dangerous animals and licensing.

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

Agenda Item #38 – 2021-3012

Ordinance to create Lake Linden Lake Management MSBU

Lorie Bailey Brown, Resource Management Director, addressed the Board and presented the request as outlined in the agenda memorandum.

Commissioner Lockhart commented $20,000 of general fund is being contributed to this particular project. She inquired how much will be left for other lakes in the coming fiscal year. Ms. Bailey Brown responded this fiscal year's budget included $40,000 for contracted services in the watershed division budget. With allocation of this $20,000, the other $20,000 is still remaining. The Commissioner stated at some point in time, she would like to get a handle on how they decide to allocate which amount of funds so there's a little more equity.

Upon Commissioner Dallari's request for clarification, Ms. Bailey Brown reviewed the lot layouts and MSBU configurations in Exhibit B. The Commissioner inquired if the property owner decides to sell the agricultural lot, what happens to the MSBU because the guy who has the flag lot is now paying for it and he's not getting any benefit. Ms. Bailey Brown explained if he were to decide to sell the agricultural parcel or break it off, he would have to come back to the County to break it off legally. At that time, it would have to be considered whether the variable rate and the capital, if it still exists, would be moved to the agricultural parcel or remain with the residential. Commissioner Dallari confirmed with Ms. Bailey Brown that can be memorialized so something along those lines is in the record book.

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

Motion by Commissioner Herr, seconded by Commissioner Dallari, to adopt Ordinance #2021-40 creating Lake Linden Lake Management Municipal Services Benefit Unit (MSBU); and adopt the preliminary capital assessment roll and initial variable assessment roll.

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

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Chairman Constantine recessed the meeting at 3:40 p.m. reconvening at 3:50 p.m.

COUNTY MANAGER’S REPORT

Ms. Guillet stated she is seeking authorization for Tricia Johnson, Deputy County Manager, to sign off on ARPA agreements with the hoteliers. She reminded at the last meeting, they authorized Ms. Johnson to sign off on the small business assistance agreements.

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to authorize Deputy County Manager Tricia Johnson to sign off on American Rescue Plan Act agreements with the hoteliers.

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

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Ms. Guillet reminded last week she sent out a request to the Commissioners for suggestions for folks to be included on the local technology planning teams. The Office of Broadband at DEO is tasked by statute to build local technology planning teams for broadband. However, it's not clear what they will be doing. Ms. Guillet stated she provided a list of different categories of industries and would welcome any suggestions. The county managers are to send in their list of recommended folks to be included on those teams by the end of November. She is requesting the Board's feedback before the next meeting. She commented the County is a little ahead of the curve because they are doing their own broadband study.

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Ms. Guillet advised she is following up on the County Attorney's annual review and Larry Ross's availability. She is looking for feedback and further direction from in response to that information. She inquired if the Board wants staff to engage with Dr. Ross. After Board discussion, Ms. Guillet suggested getting a proposal from Dr. Ross to do the actual evaluation, a proposal for a process, and then the Board can decide if they want to do both or just one. After further Board discussion, Chairman Constantine directed Ms. Guillet to go engage with Dr. Ross and set up a process in January that they can go through and get more clarity if needed.

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Ms. Guillet announced they have received official notification that the Seminole County Fire Department will officially be an ISO 1 rating department in February. She congratulated the fire chief and entire team.

COUNTY ATTORNEY’S REPORT

Mr. Applegate, County Attorney, advised procurement is in the process of getting quotes from executive search firms that would possibly help in the search for a county manager, whether it's in house or not. He has the contract that the Board used the last time for when they hired Jim Hartman and himself. He is going to ask Ms. Guillet before she leaves to review the ad that appeared in that search for the county manager to get some input if the ad should be amended. Mr. Applegate recalled his years working with Ms. Guillet and congratulated her.

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Mr. Applegate provided an update on the budget transparency of Constitutional Officers and the possible amendment to the Tax Collector statute. Over the last couple of weeks, he has talked to Chief Lisa Spriggs, Seminole County Sheriff's Office; Chris Anderson, Supervisor of Elections; J.R. Kroll, Tax Collector; Grant Maloy, Clerk of Courts and Comptroller; and Dave Johnson, Property Appraiser. Mr. Applegate provided short summaries of what they are all doing to be transparent when it relates to their budget and the budget process (received and filed). All of the Constitutional Officers have their budget information on their web pages.

Mr. Applegate explained Exhibit B is the proposed amendment he is submitting to the Board for consideration to present to the legislative delegation. It would allow the Board to review and comment on the Tax Collector's budget before it goes to the Department of Revenue and then object to anything that they approve. Oscar Anderson, the County's lobbyist, told him very clearly that in the opinion of a lot of people up in Tallahassee, it stands no chance of passing because a lot of people up there say the system worked.

Mr. Applegate recommended to the Board they give him the approval to submit the proposed amendment, which is in Exhibit B, to the legislative delegation with the request that it moves forward and that they fight hard for it. Secondly, they will continue to work with the County Manager's Office and the Constitutional Officers to develop a system of transparency. Finally, they will work with the lobbyist and the representatives with the Florida Association of Counties to bring forward this amendment. The Commissioners thanked Mr. Applegate for his hard work on this matter.

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to approve the County Attorney's recommendations.

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

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

FUTURE AGENDA ITEMS

None.

Public Comment on Items Not Related to the Agenda

Katrina Shadix reported on the success of the Black Bear Romp 5k. With the proceeds, Bear Warriors was able to purchase 235 bear-proof trash cans and subsidize some of the cost to sell to the public.

DISTRICT REPORTS

District 2

Commissioner Zembower reported on Zoo revenues and upcoming events.

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The Commissioner reported on events and meetings he has attended.

District 4

No report.

District 1

No report.

District 5

Commissioner Herr reported on Council of Local Governments in Seminole County meeting. The Department of Health did a presentation and asked for increased signage around the walking trails to improve community awareness. This is a request that came out of the Health Needs Assessment done by DOH in 2019. There were no specifics around the request. It is an open dialogue with various municipalities.

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The Rescue Outreach Mission Executive Director search netted over 200 applicants. They went through a process and narrowed it down to seven finalists. After interviews, an offer has been extended and accepted by the top candidate.

District 3/CHAIRMAN’S REPORT

Chairman Constantine reported on past and upcoming events and meetings.

COMMUNICATIONS AND/OR REPORTS

There were no communications or reports submitted.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:44 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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