BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

November 15, 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, November 15, 2022, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Lee Constantine (District 3)

Commissioner Jay Zembower (District 2)

Commissioner Amy Lockhart (District 4)

Commissioner Andria Herr (District 5)

Deputy County Manager Tricia Johnson

Acting County Attorney Paul Chipok

Clerk of Court and Comptroller Grant Maloy

Deputy Clerks Kyla Farrell and Chariti Guevara

OPENING CEREMONIES

Pastor Andy Searles, Our Church Together, Casselberry, gave the invocation. Commissioner Constantine led the Pledge of Allegiance.

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Chairman Dallari announced Mayor of Oviedo Megan Sladek is in attendance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3766

Veteran of the Month – November 2022

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming Master Sergeant Michael J. Segura, United States Marine Corps, as Seminole County's November Veteran of the Month.

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

Agenda Item #2 – 2022-3782

30^th Anniversary of SCFD SHOT Team

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt appropriate Resolution #2022-R-137 recognizing the 30th anniversary of Seminole County Fire Department's Special Hazards and Operations Team (SHOT).

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

Agenda Item #3 – 2022-3779

County Investment Advisor Report

Scott McIntyre, Hilltop Securities, presented the Investment Advisor’s Report as outlined in the agenda memorandum.

Commissioner Herr stated they are seeing a dip in the CPI core in October, but they also saw it happen in June/July; and then it went back up again. She asked if there was anything similar between this timeframe and the June/July timeframe. Mr. McIntyre answered things appear to be different at this point for a number of different reasons including supply reentering the market, goods prices continuing to fall, service prices mitigating, and rent topping out. It’s very broad this time instead of related to only a few different items.

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

Motion by Commissioner Constantine, seconded by Commissioner Herr, 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.

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

Agenda Item #4 – 2022-3781

Litigation Update

Chairman Dallari announced there is still some pending litigation. He is not trying to hinder discussion; but if they need additional information, it needs to be on a one-on-one basis with Interim County Manager Bryant Applegate.

Mr. Applegate advised at the moment, he is speaking as his previous role as County Attorney. He stated today he is reporting on the next step in the restitution process pertaining to the Joel Greenberg matter. He is here today as a result of the past few years’ meetings with Mr. Greenberg’s attorney, Fritz Scheller; outside council Ed Baxa, Foley & Lardner; U.S. Attorney’s Office; Tax Collector’s Office staff; J.R. Kroll, Tax Collector; County staff, and the Board. Last December Mr. Applegate reported on a tentative initial restitution amount of $1,870,000 as it relates solely to Mr. Greenberg. It was just tentative. In the vast majority of criminal matters, if there is any restitution, it’s usually something like $100 a month forever. He is happy to report that the County will receive $1,250,000 in the General Fund in a wire transfer through Mr. Greenberg’s attorney. At a point in the next few weeks, the County will receive another $109,000 from the Federal Court Registry. These two amounts total $1,359,000. He would like to emphasize that this is only the first step in this process.

Mr. Applegate reminded that an audit was conducted after Joel Greenberg resigned. The audit was done with the permission of the then Acting Tax Collector. The Board, under Florida law, has no control over the budget of the Tax Collector’s Office, which is an independent constitutional office. The audit noted, among other things, the County sustained $98,000 in damages resulting from Mr. Greenberg’s Blockchain efforts. There was around $350,000 as a result of the improper use of County credit cards. The audit also pointed out the infamous property flip that cost the County $262,000. Further, based on Mr. Applegate’s review of the files, Mr. Greenberg and the County incurred attorney fees related to the federal investigation in an approximate amount of $470,000. The County spent $70,000 on outside council bills from Foley & Lardner.

The Blockchain damage, attorney fees, the credit card misuse, and the property flip add up to approximately $1,260,000. He would like to set aside $100,000 from the $1,359,000 for future attorney fees that will be necessary because of the following steps in seeking further restitution. Based on a conversation Mr. Applegate had with the U.S. Attorney’s Office, he has decided to turn over all of their files related to the other individuals and entities to the Florida Department of Law Enforcement. He is requesting that it begin an investigation into the files to determine, and determine along with the State Attorney’s Office, if any of the files weren’t criminal proceedings against any other individuals and entities. Additionally, the County’s outside council, in cooperation with the County Attorney’s Office, will begin at the same time civil action seeking restitution against as many other individuals and entities as possible. As always, Mr. Applegate asked that the Board does not comment on this action plan since there are, and will continue to be, active criminal investigations.

Mr. Applegate advised once specific action is taken in the civil proceedings, he can request if necessary pursuant to Florida law, closed sessions to provide updates and seek the Board’s guidance. He stated none of what he is talking about today has anything to do with the potential sentencing of Joel Greenberg, and he is not saying that any particular individual or entity is criminally liable. Even after indictment, a person is not guilty until proven or plead otherwise.

It has been a long road, and the journey is not over. When a release is signed, it will preserve the County’s right with respect to other individuals and entities who may have wrongfully obtained funds from the County. They have all endured a lot over the past few years, and he thanks the Board for its patience and understanding.

Mr. Applegate requested the Boards approval on his continued efforts in seeking restitution from all accountable parties; $100,000 set aside for additional attorney fees out of the $1,359,000 to continue this effort; the authority to sign the appropriate release; and accept the $1,359,000.

Commissioner Herr asked if the Board is being asked to approve Mr. Applegate’s signature on a release that they have not seen. Mr. Applegate answered that is correct, and he will send the Board a copy of it. Commissioner Herr stated from her perspective, that order of operation is backwards. Mr. Applegate advised the release does not free up any other entity or individual that could possibly be involved. Commissioner Lockhart noted she had conversations with Mr. Applegate and Mr. Baxa, and she was assured that the release does not preclude the County from further actions with other individuals. She will take their word at this point in order to move forward. She isn’t sure if there is possibly a legal reason why the release has not been made public because once it goes to the Board, it becomes public.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve.

Commissioner Zembower stated he would like to perfect the motion in the best interest of the County Attorney’s Office. No objections were voiced.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to accept the $1,359,000; set aside $100,000 for future fees; and authorize Mr. Applegate to have signatory capability for those settlements.

Under discussion, Commissioner Herr asked if the Board is agreeing to a gag order or anything that would prevent transparency with the citizens. Mr. Applegate answered the contents of the release is public record, so they’ll see that; but he is not going to make comments as to the release in general.

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

CONSENT AGENDA

Deputy County Manager Tricia Johnson announced Agenda Item #28, Festival del Bacalaito Special Event Permit, has been pulled from the agenda by the Applicant. Commissioner Lockhart requested Agenda Item #8, Teen Outreach Program Agreement, be pulled for separate discussion. Commissioner Zembower requested Agenda Item #22, Midway/Riverbend Median Landscape Improvements, be pulled for separate discussion.

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

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to approve the following Consent Agenda Items and the Clerk’s Agenda Item:

County Manager’s Office

Business Office

5. Authorize the County Manager to approve the First Amendment to Subrecipient Agreement between Seminole County and Recovery House, Inc. relating to ARPA funding. (2022-3775)

Tourism Development

6. Approve and authorize the Chairman to execute the Tourist Development Tax Funding Agreement with the Central Florida Zoological Society, Inc., in the amount of $325,000 for the FY 2022/23 funding allocation for marketing, advertising, maintenance, enhancements, repairs, and improvements. (2022-3751)

7. Approve and authorize the Chairman to execute the Tourist Development Tax Funding Agreement with Sanford Main Street, Inc. in the amount of $50,000 for the FY 2022/23 funding allocation for marketing and advertising. (2022-3752)

Community Services

Business Office

8. Pulled for separate discussion.

Community Development

9. Approve and accept the Neighborhood Stabilization Program (NSP) 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 October 2022. (2022-3758)

Development Services

Planning and Development

10. Approve the Final Plat for the Astor Estates subdivision containing one (1) lot on 1.70 acres zoned A-1 (Agriculture), on the north side of Orange Boulevard, approximately ½ mile north of West SR 46. (2022-3762)

11. Adopt appropriate Resolution #2022-R-138 vacating and abandoning a portion of a fifteen (15) foot wide platted utility easement on Lot 106, Trailwood Estates Section 1, as recorded in the Public Records of Seminole County, Florida in Plat Book 16, Pages 27-28; more particularly known as 571 Grove Court; Christy Ipock. (2022-3724)

12. Approve and authorize the Chairman to execute the Service Funding Agreement (FY 2022/2023) by and between Seminole County and Central Florida Regional Transportation Authority/LYNX (23-C09). (2022-3778)

Leisure Services

Business Office

13. Approve and authorize the Chairman to execute a Funding Agreement between Seminole County and Ritz Community Theater Projects, Inc. D/B/A Wayne Densch Performing Arts Center in the amount of $50,000 for FY 2022/2023. (2022-3771)

14. Approve and authorize the Chairman to execute a Funding Agreement between Seminole County and Seminole Cultural Arts Council Inc., in the amount of $50,000 for FY 2022/2023. (2022-3772)

Public Works

Engineering

15. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #101 for acquisition of property interests needed for the Orange Boulevard Improvement Project (10,901 ± SF) between Agriculture Way, LLC and Seminole County for $345,800.00, as full settlement of any claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3767)

Traffic Engineering

16. Approve and authorize the Chairman to execute the Traffic Signal Maintenance and Compensation Agreement Amendment between the State of Florida, Department of Transportation (FDOT) and Seminole County. (2022-3737)

Resource Management

Business Office

17. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-139, Interfund Loan, in the amount of $9,878,069 from the General fund to the Wekiva Golf Course Fund. (2022-3621)

Budget

18. Approve and authorize the Chairman execute and submit appropriate Resolution #2022-R-140 Emergency Medical Services (EMS) Trust Grant Resolution and Application in the amount of $20,876 from the Florida Department of Health to be used for the purchase of Procedural Cadaver Training Lab for the County; and authorize the County Manager or designee to execute future documents associated with the grant. (2022-3760)

19. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-141 implementing Budget Amendment Request (BAR) #22-075 authorizing the write-off of $805,053.63 of an outstanding interfund loan from the 1991 Infrastructure Sales Tax Fund to the South Central Transportation Impact Fee Fund. (2022-3748)

20. Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with the Florida Division of Emergency Management for purchase of HAZMAT materials for the Fire Department; appropriate Resolution #2022-R-142 implementing the Budget Amendment Request (BAR) #23-007 in the amount of $40,900.00 through the Fire Federal Grants Fund; and authorize the County Manager to execute all future documents associated with the grant. (2022-3763)

Purchasing and Contracts

21. Award RFP-604354-22/TLR - Investment Advisory Services to Hilltop Securities Asset Management, LLC, Dallas, TX, in the amount of $72,000 per year; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3709)

22. Pulled for separate discussion.

23. Award CC-4544-22/GCM - Hillview Drive Drainage Improvements to Carr & Collier, Inc., of Okahumpka, FL, in the amount of $4,757,700.00; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3753)

24. Approve M-4700-22/RTB - Pine Way Full-Depth Reclamation with Asphalt Paving Systems of Zephyrhills, FL in the amount of $1,221,156.88; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3754)

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk and Comptroller’s Report

25. Approve Expenditure Approval Lists dated October 6, 11, 18, and 25, 2022; Payroll Approval Lists dated October 13 and 27, 2022; and the BCC Official Minutes dated September 27, 2022; and September 27 (Second Budget Public Hearing), 2022. (2022-3768)

Clerk & Comptroller’s “Received and Filed” Documents

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

Agenda Item #8 – 2022-3765

Florida Health Department Teen Outreach Program Agreement

Commissioner Lockhart advised this was on the last agenda, but it was pulled by staff for further clarification. She met with Donna Walsh, Department of Health; Allison Thall, Community Services; and Amy Pennock, School Board. Part of her concern for this particular program is the amount of money that is allocated in relation to the number of students who are participating. They left the meeting with an understanding that this program has a lot of great opportunities, and they would like to see it benefit more students for the cost that it takes to run it. They will be looking very closely at those outcomes. There is a quarterly report that’s supposed to come to the Board. The School Board came to the table with some additional ideas about how they could provide more access to more students to hopefully make it a more robust meaningful program. She would like staff to keep an eye on this item because if they don’t see the returns that they’re hoping for, she’d like to see the funds reallocated into something that could serve more students.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute the Florida Department of Health Teen Outreach Program (TOP) Agreement Fiscal Year 2022-2023 in the amount of $81,000 to provide trained facilitators to deliver a youth-focused education program with the caveat that if staff does not see the returns that they’re hoping for, the funds will be reallocated into something that could serve more students.

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

Agenda Item #22 – 2022-3755

Midway/Riverbend Median Landscape Improvements

Commissioner Zembower asked regarding the median improvements in the Riverbend area and moving further down Lake Mary Boulevard and across SR 46, whether or not discussion has begun with the parcel owners who have shown an interest in participating in a cost-share program for the maintenance of those areas. Rick Durr, Leisure Services Director, addressed the Board and stated the short answer is no since they’re still under construction at this time. The work that is being done is in the middle of the roadway, so it’s not necessarily attached to any particular land or adjacent landowner; it’s right down the median. Commissioner Zembower recalled they discussed the landowners showing an interest in participating in a landscape that was same or similar to what the County would be doing to have a sense of place coming into the county and through that whole corridor. They are willing to put a requirement in the HOA documents that they be maintained as well as help the County with certain costs. He thinks that’s a dialogue that if they don’t have soon, they’re going to lose that opportunity. Mr. Durr responded they’d be happy to do so.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve Change Order #3 to CC-3501-22/MAG - Midway/Riverbend Median Landscape Improvements in the amount of $117,258.58, with LaFleur Nurseries and Garden Center, LLC of Sanford; and authorize the Purchasing and Contracts Division to execute the Change Order.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA (Continued)

Agenda Item #26 – 2022-3776

­Sheriff’s Office FY22 General Fund Closeout

Commissioner Constantine advised with the new law that has been established, once they budget to the Sheriff, the Sheriff is not obligated to keep the money within the line items that have been put in there; and they have the discretion and flexibility to move it around. Hopefully, the Sheriff won’t do that too much because they’re talking about reoccurring to nonrecurring, which could have drastic effects on the overall budget since more than 50% of the County’s budget is in the Sheriff’s Office. In this case, $2.1 million is for the replacement of a helicopter. He stated it would be helpful, as a friendly request, that they see the line items that had not been expended so when they give it back, they know what it would be for.

Lisa Spriggs, Chief, Administrative Services, Seminole County Sheriff’s Office, addressed the Board and stated they did try to summarize a chart in the agenda item of those carryforwards. All of the $4.6 million is committed and under contract; it’s just things that were delayed or not received. They tried to just summarize it; and there are little things in the little dollars, but predominately they’re talking about vehicle orders. Ms. Spriggs discussed more of the budget request. Commissioner Constantine advised this is the right time with the new legislation to have transparency as complete as they possibly can. He wants to make sure that for future references, they go down the line. Ms. Spriggs replied they are more than willing to send a detailed list.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to appropriate from the Sheriff’s Office Fiscal Year 2021/22 General Fund Budget closeout: (1) $4,654,596.46 in purchase commitments for items that were not received by 9/30/2022 and (2) $2,100,000.00 in budget savings requested to fund a portion of our agency’s Helicopter Replacement; and approve and authorize the Chairman to execute appropriate Resolution #2022-R-143 implementing the Budget Amendment Request (BAR) #23-009 in the amount of $6,754,596.46 from reserves in the General Fund.

Under discussion, Commissioner Lockhart asked whether the Sheriff’s Office has decided if they will buy or lease the helicopter, and Ms. Spriggs answered they have not. She added it will largely depend on what they get for their current one.

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

REGULAR AGENDA

Agenda Item #27 – 2022-3759

Year End Budget Amendment Resolution

Tim Jecks, Deputy CFO/Budget Division Manager, addressed the Board and presented the item as outlined in the agenda memorandum.

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

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve and authorize the Chairman to execute appropriate Resolution #2022-R-144 implementing Budget Amendment Request (BAR) #22-076 in various County funds in the amount of $16,313,899.31 to amend the Fiscal Year 2021/22 annual budget.

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

Agenda Item #28 – 2022-3746

Festival del Bacalaito Special Event Permit

This item was pulled from the agenda by the Applicant Alex Torres.

Agenda Item #29 – 2022-3769

Amendment to Wekiva Island Winter Wonderland Special Event Permit

Mary Robinson, Planning and Development, addressed the Board and presented the item as outlined in the agenda memorandum. It was advised staff recommends denial of the Applicant’s request because it is inconsistent with the Board’s original Special Event Permit approval. Applicants Mary Sue and Bill Weinaug addressed the Board and displayed photos from Winter Wonderland events in the past (photos received and filed). Mr. Weinaug advised they would like the extra hour because they’ve invested a lot in decorations and events, Christmas trees and lights in particular, that are most enjoyed after dark.

With regard to public participation, Aaron Davis, Steve Demoor, and Lori Demoor spoke in support; no one else spoke and public input was closed.

Public Comment Forms were received and filed.

Written Public Comment Form from Steven Walker in support was received and filed.

Commissioner Constantine confirmed with Ms. Robinson that in the current permit, they are already permitted to stay open on Sundays until 9:00 p.m. Commissioner Constantine pointed out this request is really only for eight days; December 5-8 and 12-15. Normally on those days they’d be open until 7:00 p.m., and the Board extended it to 8:00 p.m. for the Special Event Permit. He asked if staff has heard any feedback from the adjacent neighborhood’s HOA. Ms. Robinson noted an email from Jeff Stamer stating he would be out of the country for this hearing, but he would have someone attend in his place. It was noted no one from the HOA was present. Commissioner Constantine asked the applicants if they have reached out to the HOA regarding this change; and Ms. Weinaug answered nobody from the HOA has contacted her, and she has not contacted them. Commissioner Constantine advised he is requesting that in the future, they contact the HOA, be proactive, and work with them because that is what is in the Development Order. Mr. Weinaug replied they will do that from this day forward.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the Amendment to the Winter Wonderland Special Event Permit to expand the operating hours from 8:00 a.m. through 8:00 p.m. to 8:00 a.m. through 9:00 p.m. for 12/05/22 through 12/15/22 with the caveat that the applicants talk to the HOA to try to make some sort of relationship.

Under discussion, a conversation was had regarding Wekiva Island’s history, the neighboring community, the sound study, and today’s request.

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

District 4 voted NAY.

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Chairman Dallari recessed the meeting at 11:05 a.m., reconvening at 11:15 a.m.

Agenda Item #30 – 2022-3757

Envision Seminole 2045 Visioning Plan and EAR Report Transmittal

Rebecca Hammock, Development Services Director, Mary Moskowitz, Planning and Development, and Eliza Harris Juliano, Canin Associates, addressed the Board and presented the item as outlined in the agenda memorandum.

Board discussion, questions, and comments ensued.

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

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to authorize transmittal of Seminole County’s Notification of Intent to Amend the Comprehensive Plan to reflect changes in state requirements since the last plan update, as required by Chapter 163.3191, Florida Statutes to the Florida Department of Economic Opportunity.

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

COUNTY MANAGER’S REPORT

Ms. Johnson stated she would like to seek Board approval to approve a waiver for certain fees for repair and reconstruction of commercial and residential structures that sustained damage directly related to Hurricane Ian and Tropical Storm Nicole. Essentially, based on Hurricane Ian damage alone, they have about 414 structures that are marked as having minor damage; 116 that have major damage; 1 that is destroyed; and about 230 that are inaccessible either due to flooding or no access to the neighborhood because it was gated. They would require applicants to demonstrate that the permit is storm related, which would be verified by staff using a few different methods such as permit type, location of property, and whether it’s located in a flood area or an area that experienced damage as a result of the storms. They can cross-reference damage assessment software, ARM360 for damage assessment from Hurricane Ian, and the applicant can provide insurance or FEMA documentation. They will also be required to sign an affidavit.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve a waiver for certain fees for repair and reconstruction of commercial and residential structures that sustained damage directly related to Hurricane Ian and Tropical Storm Nicole.

Under discussion, Commissioner Herr confirmed with Ms. Johnson that this is something they’ve done in the past. Commissioner Herr stated this is not recoverable through FEMA. This is Seminole County staff leaning in on behalf of the citizens, and there’s no revenue to support it. Ms. Johnson advised that is correct. Commissioner Lockhart voiced that was one of her concerns; how are they going to replace that revenue, and the answer she got was that they’re not. To that point, it’s really important that they do recognize what this is. She believes it is a negligible amount of money that is being proposed. Ms. Hammock replied that is correct. She added at this point, they haven’t been inundated with permit requests related to storm damage; however, they are anticipating that they will get permits once all the water is receded and people are able to get into their homes and begin repairs. This will impact the Building fund, which is an enterprise fund, so it would not come out of the General fund. FEMA will send staff to help with permitting.

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

Ms. Johnson announced last month, Administrator of Economic Development and Tourism Gui Chuna was named to the Statewide Destinations Florida Board of Directors, and he was also named the board chair for the Hospitality Academies of Central Florida, which includes all Seminole, Orange, and Osceola County Public Schools Hospitality Programs.

COUNTY ATTORNEY’S REPORT

Mr. Chipok introduced Senior Assistant County Attorney Desmond Morrell who provided a brief update on the opioid litigation.

Mr. Morrell advised there was a recent victory in regards to Walmart. They have pledged $3.1 billion towards the national opioid fund, in which Florida will see $215 million of that. And at this point, just shy of $322,000 of that stands to come to Seminole County for the first year. This is going to be an ongoing payment system for about 18 years. The new total for the first year is about double what they expected. They should be receiving these funds within the next one-to-two weeks. He is optimistic that they will see it soon. The Attorney General’s Office has been in great communication with staff to confirm that they have the County’s wiring instructions and so forth. Mr. Morrell will make sure he’s in good contact with the Clerk and Comptroller just so they know when that wire transfer does occur.

Outside of that, there are a few initiatives. There’s an external group headed by the National Association of County Organizers (NACO), a few staff members, as well as Commissioner Constantine that will be applying for that position. He is hopeful that either the Commissioner or staff member can get on that board so that the County is as knowledgeable as possible about what they can do with these funds and resources and maximize what they see within the county.

Mr. Morrell advised his ask today is that the Board approve and authorize the latest Walmart settlement which stands to bring $215 million to the State of Florida, and will trickle down to Seminole County in the amount of just under $322,000 for this year. He advised he’s open to any questions and happy to present any additional information if needed.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve and authorize the latest Walmart settlement which stands to bring $215,000,000 to the State of Florida, trickling down to Seminole County totaling just under $322,000 for this year.

Under discussion, Commissioner Constantine confirmed with Mr. Morrell that this initial trough of money includes Janssen, Teva, Allergan, CVS, Walgreens, and a few other distributors. Mr. Morrell noted one of the participants that they initially agreed to pursue was Endo Pharmaceuticals; however, they have recently filed for bankruptcy, which means all of their assets are frozen. Staff still anticipates receiving the money, it just won’t be immediately.

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

DISTRICT REPORTS

District 2

Commissioner Zembower discussed Hurricanes Ian and Nicole, provided an update on the airport, announced the Asian Lantern Festival at the zoo, and noted his attendance at the CFHLA luncheon.

District 4

Commissioner Lockhart discussed her upcoming attendance at the ECFRPC meeting pertaining to sustainability.

District 3

Commissioner Constantine reported on past and upcoming events. He noted the upcoming TDC meeting and mentioned the funding agreement they approved today for the zoo and Sanford.

District 5

Commissioner Herr thanked the Tax Collector for returning almost $4.4 million to the County and the staff at the EOC for all of their work during the recent storms. She discussed the FDOT community meeting regarding the service road on SR 46 that has trucks going into a neighborhood as opposed to taking a hard left and then a hard right to go to Lake County and the outcome of the meeting. The Commissioner noted the upcoming Rescue Outreach Mission luncheon.

District 1/CHAIRMAN’S REPORT

Chairman Dallari announced he provided information for each Commissioner about an Executive Order regarding tipping fees (received and filed). He is seeking BCC approval for ratifying Executive Order #2022-021. The order waives tipping fees for construction and demolition debris through close of business of November 20. Fees will be reinstated on November 21. This order does not include vegetative debris, and is primarily for those homes that are flooded and need to dispose of construction debris. There is a free vegetative debris drop-off site located at the Sports Complex that is open to the public. Waiving of the tipping fees are not eligible for FEMA reimbursement.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to ratify Executive Order #2022-021.

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

Commissioner Zembower noted a lot of people are gutting drywall, and at the same time, loading oak tree debris on their trailer with the drywall. He isn’t sure how they’re going to deal with that, but hopefully they can continue to have that conversation; maybe some signage at the landfill to indicate what is happening. Ms. Johnson advised she will talk with the Environmental Services Director about how they can get creative. Chairman Dallari advised now that it has been approved, he is sure staff will be working very diligently to make sure it’s upheld. Staff understands the citizens’ and Board’s wants and needs.

COMMUNICATIONS AND/OR REPORTS

1. Letter dated October 5, 2022, to Chairman Dallari from Michael Facente, District Manager, Florida Department of Agriculture and Consumer Services, regarding 2021/2022 Annual Report for Florida Forest Service accomplishment in the Fire Control program. CC: BCC; John Raulerson, Chief, Forest Protection.

2. Memorandum dated October 25, 2022, from Mary Hope, Director of Fiscal Services, SCSO, via Lisa Spriggs, Chief of Admin Services, SCSO, regarding Sheriff's Office FY 2021/2022 Budget Closeout – Special Revenue Funds. CC: Sheriff Dennis Lemma; Lorie Bailey Brown, Director, Resource Management; Jenny Spencer, Comptroller’s Office, Director.

3. Memorandum dated October 25, 2022, from Mary Hope, Director of Fiscal Services, SCSO, via Lisa Spriggs, Chief of Admin Services, SCSO, regarding Sheriff's Office FY 2021/2022 Budget Closeout – Special Revenue General Fund. CC: Sheriff Dennis Lemma; Lorie Bailey Brown, Director, Resource Management; Jenny Spencer, Comptroller’s Office, Director.

4. Letter dated October 26, 2022, from Marion Mollegen McFadden, Principal Deputy Assistant Secretary, Community & Planning Development, U.S. Department of Housing and Urban Development (HUD), regarding Rapid Unsheltered Survivor Housing (RUSH) Grant for needs of impacted families or individuals from Hurricane Ian.

5. Letter dated October 27, 2022, from Rene Lewis, Program Specialist, Property Tax Oversight, Florida Department of Revenue, to Lorie Bailey Brown, Director, Resource Management, regarding Truth in Millage (TRIM) Certification.

6. Letter dated October 31, 2022, to Chairman Dallari from Jenny Spencer, Director, Comptroller’s Office, on behalf of Grant Maloy, Clerk of Court and Comptroller, regarding unexpended General Fund Balance. CC: Grant Maloy, Clerk of Court and Comptroller; BCC; Bryant Applegate, Interim County Manager; Tricia Johnson, Deputy County Manager; Meloney Koontz, Assistant County Manager; Lorie Bailey Brown, Director, Resource Management; Tim Jecks, Administrator, Resource Management.

7. Letter dated October 28, 2022, to BCC from Matthew Linder, Associate City Planner, regarding Notice of City of Winter Springs Annexation of Real Property located at 310 Wagner Point, Florida.

FUTURE AGENDA ITEMS

None.

PUBLIC COMMENT ON ITEMS NOT RELATED TO THE AGENDA

None.

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Chairman Dallari recessed the meeting at 12:23 p.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy County Manager Tricia Johnson who was replaced by Interim County Manager Bryant Applegate and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Guevara, who were present at the Opening Session.

Item #31 – 2022-3780

2022 Board Member Swearing In

Commissioner-elect Jay Zembower, who was accompanied by his wife Lisa Zembower and his mother Sylvia Zembower, came forward to be sworn in.

The Honorable Former Supreme Court Justice James E.C. Perry administered the Oath of Office to Commissioner Zembower.

Commissioner Zembower thanked everyone for their support.

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Commissioner-elect Amy Lockhart, who was accompanied by her husband Tim Lockhart, came forward to be sworn in.

The Honorable Judge Mark E. Herr administered the Oath of Office to Commissioner Lockhart.

Commissioner Lockhart thanked everyone for their support.

Item #32 – 2022-3773

2022/2023 Board Reorganization Procedures

The gavel was surrendered to Acting County Attorney Paul Chipok to act as temporary Chairman to the BCC. Mr. Chipok opened the floor for nominations for the Chairman of the BCC.

Commissioner Herr nominated Commissioner Lockhart for Chairman of the BCC for 2022/2023.

Districts 2, 4, and 5 voted AYE.

Districts 1 and 3 voted NAY.

Motion passes 3 to 2.

Mr. Chipok opened the floor to nominations for Vice Chairman, and Commissioner Zembower nominated Commissioner Herr for Vice Chairman.

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

Mr. Chipok stated they are doing this today for the Board’s convenience, but technically Chairman-elect Lockhart and Vice Chairman-elect Herr do not assume their roles until the second Tuesday after the election which is Tuesday, November 22, 2022. Until that time, Chairman Dallari will sign any official documents on behalf of the County. As of Tuesday, November 22, 2022, all the paperwork will go to Chairman-elect Lockhart’s office.

Item #33 – 2022-3774

Standards of Conduct for Seminole County Commissioners

Motion by Commissioner Zembower, seconded by Chairman-elect Lockhart, to affirm the Standards of Conduct for Seminole County Commissioners.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 1:44 p.m., this same date.

ATTEST: ___________________________Clerk ___________________________Chairman

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