BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

December 14, 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, December 14, 2021, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Bob Dallari (District 1)

Vice Chairman Lee Constantine (District 3)

Commissioner Jay Zembower (District 2)

Commissioner Amy Lockhart (District 4)

Commissioner Andria Herr (District 5)

Interim County Manager Joe Abel

County Attorney Bryant Applegate

Deputy Clerks Kyla Farrell, Chariti Colon, and Terri Porter

OPENING CEREMONIES

Jacob Lynch, East Coast Believers Church, Oviedo, gave the invocation. State Representative David Smith led the Pledge of Allegiance.

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State Representative David Smith addressed the Board and provided an update on the upcoming 2022 Legislative Session starting January 11. The Chairman thanked Representative Smith for his hard work. He suggested if Representative Smith needed to coordinate anything with the County, it would be best to contact Deputy County Manager Tricia Johnson. Commissioner Lockhart thanked Representative Smith for his support on behalf of the Board of Trustees at Seminole State College. Commissioner Constantine discussed preemptions against Home Rule. He asked Representative Smith to help stop the unnecessary preemptions on local government. Commissioner Herr thanked Representative Smith for listening to the Board and getting things done.

AWARDS AND PRESENTATIONS CONTINUED

Agenda Item #1 – 2021-3091

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming Private First Class Gerrit Porter, United States Army, as Seminole County’s December Veteran of the Month.

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

Agenda Item #2 – 2021-3102

Emily Hanna, Bike/Walk Central Florida Executive Director, presented the Bike/Walk Central Florida presentation (included in the agenda backup).

Agenda Item #3 – 2021-3105

A video was played featuring the Fire Department. Acting Fire Chief Matt Kinley and Michael Morash, ISO Community Hazard Mitigation Manager, presented the Internal Organization for Standardization (ISO) for Seminole County Fire Department ISO Class 1 presentation.

The Board had a few comments and questions which were addressed by Mr. Morash and Acting Chief Kinley. Commissioner Zembower noted one of the County’s ladder trucks were recently involved in a collision, and asked the current status of the ladder truck. Acting Chief Kinley answered the ladder truck will be heading to the manufacturer very soon. They have a preliminary estimate of three to four months to get it returned. Luckily, they are pretty robust with spare apparatuses; and they have two spare towers, so they will put one of those in place as the frontline unit.

Commissioner Herr stated they may have an opportunity for communication within the insurance industry with the distribution system. They could probably determine where the local agencies lie and get communication out to them from the County so they can be proactive with their customers. It would benefit the business to be proactive with the customer, and it would benefit the end user. Acting Chief Kinley responded staff is driving people to the website, which is their primary point of communication. Economic Development is working on communication to the business community. Also, Property Appraiser David Johnson has allowed the Fire Department to add a mailer to the homestead exemption renewals, so that will be going out as well. Commissioner Lockhart congratulated the Fire Department and thanked the County Manager’s Office for helping with the coordination.

Commissioner Constantine congratulated and thanked the Fire Department for a job well done. Chairman Dallari introduced Gary Kaiser, Seminole County’s first Fire Chief, and discussed his history with the County. Chairman Dallari asked Acting Chief Kinley what’s next. Acting Chief Kinley answered right now their score is 91 and change, and he wants to be at 105. There are areas that they’re moving forward with such as working with water purveyors, increasing their tanker capabilities, and personnel (which were discussed in his presentation). Those are the three areas where they can continue to gain some significant points.

Chief Kaiser addressed the Board and discussed his experience as Fire Chief and expressed his gratitude.

BUSINESS SPOTLIGHT

The Business Spotlight video for Hollerbach’s Willow Tree was presented.

CONSENT AGENDA

With regard to public participation, John Horvath spoke in support regarding the Business Spotlight and Fire Department presentations; and Joe Humphreys spoke about economic development relating to Agenda Item #6, Amended and Restated JGI Program Agreement with Microvast, Inc., and Agenda Item #30, RFP-604217-21/TKH - Seminole County Tourism Master Plan with Downs and St. Germain Research, Inc.; no one else spoke in regard to the Consent Agenda, and public input was closed.

Speaker Request Forms were received and filed.

Chairman Dallari recessed the meeting at 10:40 a.m., reconvening at 10:47 a.m.

Commissioner Herr pulled Agenda Items #17, City of Winter Park Interlocal Agreement for Tanglewood Canal Improvements; #56, Interlocal Agreement with the City of Altamonte Springs for ARPA funding; and #57, Agreement with Seminole County Sheriff’s Office for ARPA funding, for separate discussions.

Commissioner Constantine stated he had a question regarding three different agenda items that have to do with the Deer Run and Wekiva Golf Club properties (Agenda Items #5, #28, and #35). It is his understanding that the long discussion they had at the last meeting where the Seller was going to participate in the environmental improvement at the Wekiva Golf Club is done with about $225,000 worth of savings. Interim County Manager Joe Abel replied that is correct. Commissioner Constantine stated it is also his understanding that there will be no jobs lost at Wekiva Golf Club, and Mr. Abel replied anybody that is currently working there has been extended an offer to continue to work there under the new contract. Mr. Abel announced there has been a closing date confirmed for both properties on December 20.

Commissioner Zembower pulled Agenda Item #5, Contract for Sale and Purchase for Deer Run golf course property and the Wekiva Golf Club property, for a separate discussion.

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

County Manager’s Office

Business Office

4. Approve and authorize the Chairman to adopt appropriate Resolution #2021-R-166 recognizing Thomas White for forty-one (41) years of service to Seminole County Government and its residents. (2021-3086)

5. Pulled for a separate discussion.

56. Pulled for a separate discussion.

57. Pulled for a separate discussion.

Economic Development

6. Approve and authorize the Chairman to execute the Amended and Restated Jobs Growth Incentive (JGI) Program Agreement between Microvast, Inc. and Seminole County, providing an incentive of $1,000 per job, for a total local financial support of $100,000 for the creation of one hundred (100) new jobs. (2021-3081)

Tourism Development

7. Approve and authorize the Chairman to execute the Tourist Tax Funding Agreement with Perfect Game USA, Inc., in the amount of $389,797.95 for the 31 baseball events scheduled at the Boombah Sports Complex, January 1, 2022 – September 30, 2022, projected to generate 36,000 Seminole County hotel room nights and $25.5 million in economic impact. (2021-3089)

Community Services

Business Office

8. Approve the Affordable Housing Incentive Report as presented; and authorize staff to submit the final report, evaluation, and recommendations to the Florida Housing Finance Corporation. (2021-3101)

9. Approve and authorize the Chairman to execute the Agreement Between Seminole County and Rescue Outreach Mission (ROM) of Central Florida for American Rescue Plan Act (ARPA) Funding in the amount of $2,850,000 to be used for homelessness mitigation and operations of the emergency shelter as a result of negative economic impacts encountered due to the COVID-19 public health emergency; and execute two (2) Unilateral Termination of Agreements between Seminole County and Rescue Outreach Mission of Central Florida for American Rescue Plan Act Funding. (2021-3075)

Community Assistance

10. Approve the appointment of Monsignor John Bluett, Retired, to the Committee on Aging in accordance with the guidelines established by Administrative Code Section 4.6 commencing on January 1, 2022, and ending December 31, 2024. (2021-3096)

Community Development

11. 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 2021. (2021-3063)

Development Services

Planning and Development

12. Authorize release of Maintenance Bond #41415462 for streets, curbs, and drainage, in the amount of $12,246.75 for Lot 4 A. E. Griffins subdivision (GLE Office Building). (2021-3054)

13. Authorize the Chairman to execute a Satisfaction of Lien in the amount of $840.85 associated with the property located at 734 Cherokee Cir., Sanford, FL 32773; filed against Michael Rosen, Heir (Respondent). (2021-3068)

14. Authorize release of Performance Bond #2280615 for roads, streets, and drainage, in the amount of $74,655.63 for Smart Office. (2021-3059)

15. Authorize release of Maintenance Bond (Private Road) #SU1153560 in the amount of $105,008.05, and Maintenance Bond (Public Road Utilization) #SU1153562 in the amount of $12,852.11 for the Whitetail Run subdivision. (2021-3072)

Public Works

Engineering

16. Approve and authorize the Chairman to execute the First Amendment to Seminole County and Bike/Walk, Central Florida, Inc. Grant Agreement to provide for the Best Foot Forward program in Seminole County in the amount of $60,000 for FY 2021/22. (2021-3008)

17. Pulled for a separate discussion.

18. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #123 for acquisition of property needed for the Orange Boulevard Improvement Project (9,493 ± SF) between Simona Rupan and Seminole County for $200,000, as full settlement of all attorney’s fees and other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2021-3064)

19. Approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and City of Casselberry relating to administration of County’s share of funds under the One-Cent Local Government Infrastructure Surtax for SR 436 Improvements Project in the amount of $4,772,000. (2021-3076)

20. Approve and authorize the Chairman to execute a First Amendment to Drainage Easement with A. Duda & Sons, Inc., modifying the use of an existing exclusive drainage easement and adding utility rights over a portion of the existing exclusive drainage easement. (2021-3094)

Watershed Management

21. Approve and authorize the Chairman to execute the Aerial Spraying Authorization Letter between Seminole County and Vector Disease Control International, LLC for aerial spraying within Seminole County. (2021-3085)

Resource Management

Budget

22. Approve submittal of applications to the Florida Division of Emergency Management, Federal Emergency Management Agency (FEMA) through the Hazard Mitigation Grant Program (HMGP) for COVID-19 response, requesting up to $2,100,000 in federal funding for Public Works flood-drainage projects in the Lake Harney basin area; and authorize the County Manager to execute all documents associated with the grant. The County will be responsible for 25% matching funds that will come from Sales Tax funding. (2021-3079)

23. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-167 implementing Budget Amendment Request (BAR) #22-005 in the amount of $816,443 through the Economic Development Fund to carryforward the Job Growth Incentive (JGI) and Qualified Target Industry (QTI) unexpended project funds from the FY 2020/21 Budget to the FY 2021/22 Budget. (2021-3110)

24. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-168 implementing Budget Amendment Request (BAR) #22-006 through the 2001 Infrastructure Sales Tax Fund in the amount of $404,210 from reserves to provide additional funding for the Wekiva Basin Stormwater and TMDL Services (CIP# 01785376). (2021-3092)

25. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-169 implementing Budget Amendment Request (BAR) #22-007 through the Miscellaneous Grant Fund in the amount of $10,000 in acceptance of the Duke Energy Foundation grant award for Seminole County's COVID-19 Economic Recovery Marketing Program. (2021-3078)

26. Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with the State of Florida Division of Emergency Management for the State Homeland Security Grant Program (SHSGP) in acceptance of $24,960 for the WEBEOC software project; and execute appropriate Resolution #2021-R-170 implementing the Budget Amendment Request (BAR) #22-008 through the Public Safety Grant (Federal) Funds in the amount of $24,960 to establish funding; and authorize the County Manager to execute all future documents associated with this grant. (2021-3111)

27. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-171 implementing Budget Amendment Request (BAR) #22-010 through the Water & Sewer Operating Fund to establish funding for a modular trailer for Collections Team at Yankee Lake Stormwater Treatment Plant in the amount of $142,322 and for the purchase of a methane gas leak detector through the Solid Waste Fund in the amount of $11,100. ($153,422) (2021-3090)

28. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-172 implementing Budget Amendment Request (BAR) #22-011 transferring $15,031,414 from the General Fund reserves, creating a new Wekiva Golf Course Fund, appropriating operating revenue and expenditure budget, and adding a new Project Manager II position in the General Fund. (2021-3097)

Purchasing and Contracts

29. Award RFP-604202-21/TLR - Seminole County Broadband Assessment to Magellan Advisors, LLC, Denver, CO in the amount of $169,275; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-3077)

30. Award of RFP-604217-21/TKH - Seminole County Tourism Master Plan to Downs and St. Germain Research, Inc., Tallahassee, in the fixed amount of $140,000; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-3029)

31. Waive the competitive procurement process and award Sole Source Procurement SS-604241-21/TLR - AlJon Heavy Equipment Rental with C & C Manufacturing, Ottumwa, IA; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-2982)

32. Award IFB-604201-21/CAR - Term Contract for Waste Tire Recycling Services to Empire Tire of Edgewater LLC, Orlando; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-3055)

33. Approve Amendment #7 to RFI-601117­11/TLR ­ Fire Department Records Management Software with Image Trend, Inc., Lakeville, MN; and authorize the Purchasing and Contracts Division to execute the amendment. (2021-2949)

34. Award BID-604175-21/CAR – Markham Woods Trailhead Mountain Bike Skills Pump Track to American Ramp Company, Joplin, MO; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-3062)

35. Approve the revised agreement for SS­604246­21/PCD - Management and Operations of the Wekiva Golf Club, to SSS Down To Earth OPCO II LLC, d/b/a Down to Earth; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-3112)

36. Award IFB-604188-21/LNF - Term Contract for Tree Trimming, Removal and Stump Grinding to A Budget Tree Service, Inc., Winter Springs; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-3034)

MSBU

37. Approve and authorize the Chairman to execute the Satisfaction of Lien(s) (4) for the Rolling Hills Environmental Remediation MSBU non-ad valorem capital assessment(s) that have been paid in full. (2021-3083)

Risk Management

38. Approve the County’s Workers’ Compensation, Property, Casualty Package, Boiler and Machinery, Cyber and Internet Liability, Aviation Liability, Federal Flood Insurance, and Pollution Liability Insurance Programs for calendar year 2022; and authorize staff to bind coverages effective January 1, 2022. (2021-3084)

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

Consent Agenda Item #5 – 2021-3108

Commissioner Zembower stated this lies within several districts, and is a decision countywide. These properties show the Board’s commitment to preserving areas throughout the county; and as they continue to grow, they continue to lose these green spaces. They will never be able to replace what they’re about to endeavor upon today. He thanked staff and the community for being involved, and advised this is a commitment to the community for many decades to come.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve and authorize the Chairman to execute the Contract for Sale and Purchase by and among Golf Enterprises of Central Florida, Inc., Wekiva Golf Club, Inc., and Seminole County for acquisition of the former Deer Run golf course property and the Wekiva Golf Club property.

Under discussion, Commissioner Lockhart stated in coordination with the Parks and Natural Lands Department, she would like to look at a plan for how much they might want to and be able to invest in this type of purchasing in the future. They are starting to establish, whether they realize it or not, a presumption on the part of communities that if something is threatened to be developed, the County will just buy it. While that may be the appropriate route in some cases, it may not be the appropriate route in every case. Rather than to be in a reactionary mode every time somebody decides that they don’t want to run a golf course anymore, maybe they should look at some properties that the County is interested in preserving, and look at property that they already own that could be developed into a park. She’s hearing in a lot of conversations when a community is unhappy about a privately-owned piece of property possibly being developed into appropriately zoned low-density residential, they think the County should just buy it and make it a park. That can’t be what they do. She would like the County to have a commitment that moves forward into some type of proactive plan for these types of properties.

Commissioner Zembower stated Commissioner Lockhart is absolutely correct. He added there is a time and place for government to consider undertaking such endeavors as they are about to do here today. There are certainly other areas that they have no business in doing so. They continue to hear the conversations opposing development. They should be developing a plan to take the inventory they already have and find some connectability for the parks and trails systems and also other regional partners and counties so people can connect to them too.

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

Consent Agenda Item #17 – 2021-3060

Commissioner Herr stated under the advice of the County Attorney, she will abstain from this vote. The City of Winter Park is one of her clients. Voting Conflict Form 8B was received and filed.

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute a Seminole County and City of Winter Park Interlocal Agreement regarding the Tanglewood Canal Improvements with only the construction costs of the project, estimated at $1,015,800, being shared and paid equally by the County and the City.

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

District 5 abstained from voting.

Consent Agenda Item #56 – 2021-3116

Commissioner Herr stated while the City of Altamonte Springs is not a client, this item does fund something for the Sheriff’s Office; and under the advice of the County Attorney, she will be abstaining from voting on this item. Voting Conflict Form 8B was received and filed.

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute the Interlocal Agreement between Seminole County and the City of Altamonte Springs relating to American Rescue Plan Act (ARPA) funding.

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

District 5 abstained from voting.

Consent Agenda Item #57 – 2021-3115

Commissioner Herr stated the Sheriff’s Office is a client of hers, so under the advice of the County Attorney, she will be abstaining from voting on this item. Voting Conflict Form 8B was received and filed.

Commissioner Zembower stated he’s had conversations with the Sheriff’s Office and has been assured that moving forward there are additional ways for funding after the ARPA money works its way through seeding and getting the program off of the ground. There will be additional strategies deployed for private partnerships.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute the Agreement between Seminole County and Seminole County Sheriff's Office for American Rescue Plan Act (ARPA) funding in the amount of $9,000,000.

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

District 5 abstained from voting.

County Attorney’s Consent Agenda

Item #39 – 2021-3098

Bryant Applegate, County Attorney, presented the item as outlined in the agenda memorandum and recommended approval.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve appropriate Resolution #2021-R-173; and, solely for the limited purposes of Section 147(f) of the Internal Revenue Code, the issuance by the Authority of not exceeding $5,000,000 of its Educational Facilities Revenue Bonds (City Church of Orlando Project) Series 2021 for the principal purposes of making a loan or loans to City Church of Orlando, Inc. (the "Borrower") to finance or reimburse the Borrower for the costs of acquiring, constructing and equipping the Project (as such term is defined in the attached Resolution), fund certain reserves, capitalize interest, if applicable, and to pay certain expenses incurred in connection with the issuance of the Bonds, which is located in the County and operated by the Borrower.

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

Item #40 – 2021-3088

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve Expenditure Approval Lists dated September 21, October 26, November 2, 9, 16, and 23, 2021; Payroll Approval Lists dated October 28 and November 10, 2021; and BCC Official Minutes dated September 14 and October 12, 2021.

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

Clerk & Comptroller’s “Received and Filed” Documents

REGULAR AGENDA

Agenda Item #41 – 2021-3113

Deloitte Consulting LLP and JGI Agreement

Tricia Johnson, Deputy County Manger, addressed the Board and presented the item as outlined in the agenda memorandum. She stated during briefings there were some questions regarding Deloitte’s community involvement, and she’d like to follow-up on that. Deloitte serves on two UCF boards, and last year more than 70 employees were hired from the UCF campus. Deloitte is currently supporting local Boys and Girls Clubs and Impower in Longwood. In addition, Deloitte is engaged in a pro bono project with Tech Sassy Girlz, a local not-for-profit, to increase STEM opportunities for minority girls. Deloitte also supports Girls Who Code and donated $5 million as part of the company’s corporate citizenship efforts. Finally, Deloitte employees volunteer on Impact Day, which is a firm-wide day dedicated to community service; and last year they donated more than 10,000 hours in one day.

Ms. Johnson stated additionally as part of the briefings, they discussed how Deloitte can expand their reach further locally. The Orlando Economic Partnership and staff are going to coordinate discussions with Seminole State College and Seminole County Public Schools to see if Deloitte can work with them with respect to their cybersecurity and tech programs to expand that employee pipeline with local students. The Orlando Economic Partnership is working with JP Morgan Chase on a program that would focus on cybersecurity efforts, and they are talking about involving Deloitte in that partnership to see if they can expand their reach locally. With that, Ms. Johnson asked for the Board’s approval of the item.

Ms. Johnson noted Casey Barnes, Orlando Economic Partnership, and Bert Naquin, local Deloitte office, are in attendance.

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

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve the Jobs Growth Incentive (JGI) Funding Agreement between Deloitte Consulting, LLP and Seminole County, providing an incentive of $1,200 per job, for a total of $480,000 for the creation of four hundred (400) new jobs.

Under discussion, Commissioner Lockhart stated they have an opportunity with Deloitte’s presence to do a lot of wonderful things. Over the last seven years that Deloitte has been a part of the community, she would have hoped that the County could have seen them as an organization that is more woven into the fabric of the community. Deloitte has so much that they could bring to the table in the community, and she’s just not seeing the engagement and relationships being built that she would like to see. She feels like this has become a transactional relationship rather than a true, “how do we support one another.” This is a very hard decision for her because she does believe that this JGI is transparent and something that they can be held accountable to. But at this point in time in their relationship, she would like to see a lot more. The citizens of Seminole County deserve to have these dollars translate into more than just a general ROI in return for jobs. They deserve a true corporate partner for Seminole County. She hears that they will work with Seminole State and SCPS, and she loves that; but she wishes they were sitting here today having the opportunity to talk about those partnerships as being in the rearview mirror after seven years instead of looking forward to maybe doing it in the future. They have 500,000 citizens, but they are a very, very small town. She’s talked with heads of foundations, chambers of commerce, and they have a hard time finding who the contacts for Deloitte would be to have them sit and participate in some of the roundtable discussions and be really a part of the fabric of the community. She hopes that if this item does pass, they will see a significant difference in the level of participation on the part of Deloitte in Seminole County.

Commissioner Constantine advised he has had meetings on separate occasions with Deloitte and OEP regarding his concerns about this particular project. All of the members know that, because he was one of the prime sponsors of this program in Tallahassee, he put out what he felt to be an economic incentive ten-point checklist a long time ago, which many of them have now been incorporated into what they do. He thanked Ms. Johnson for always providing that checklist every time an item like this is before the Board. Commissioner Constantine stated the fact of the matter is, Deloitte is here; and he does concur with some of the things that Commissioner Lockhart said. He added they want to be partners with the Cities. The City of Lake Mary that also participated in the original incentive is not participating this time, and he thinks it’s extremely important when the most direct beneficiary participates; but they have declined to do that. He informed that in this time of struggling with COVID, putting nearly half-a-million dollars into one corporation when they have already given $1.9 million to bring them here, is concerning. The third part of this is that Deloitte is already here. They have become a fabric of the community, and he doesn’t think that they have to continue to pay for them to stay here. The jobs that they are looking at today are jobs that are best suited for the corporate headquarters they have in Lake Mary, and that the students from SSC and UCF have become a valuable asset to them to be hired for these jobs. These additional 400 jobs are not really going anywhere. He firmly believes that they’re playing against themselves when they say that potentially those 400 jobs will go elsewhere. This is where they belong, and he believes Deloitte is happy here. He respects the request because they have the right to request it; but at this time, it’s best suited for the County to keep that money for other incentive potential from other companies that may be struggling. He doesn’t really think Deloitte is struggling, and he doesn’t think they are looking to leave Seminole County. These half-a-million dollars would be best spent elsewhere.

Commissioner Herr stated she looks at this entirely different. The decision to put 400 new positions in a location is a competitive decision. They are competing with other areas, they don’t have to put the 400 positions here. To have 400 positions that are 39% above the community average in wages is a gift to the community and a very fine investment of taxpayer money. They don’t take a loss on that; as a matter of fact, the return is pretty expeditious. It’s a performance-based program, that encompasses a $12 million investment in the community. In her year on this Board, she hasn’t seen anything like this. The fact that it’s an existing organization in the community, from her perspective, should not taint it. She’s all in, but she does think Commissioner Lockhart’s comments with regard to supporting Seminole County are important. She does think Deloitte is missing a great opportunity to have their employees create a little more stickiness with the organization by virtue of being more entrenched in the local community. She is highly supportive and thinks this is a fine investment on behalf of the taxpayers for higher-paying wages in a fine industry that is supported by the local school system. And while they may have a little fine-tuning to do, she is appreciative of the jobs and economic development that Deloitte has brought to the area already.

Commissioner Zembower stated he will try not to repeat all of Commissioner Herr’s comments. There are many people who work and reside in the Orange County area that are fine residents of this county. They are taxpayers of this county. The County doesn’t have the luxury of being in a location where they can stand on their own and do their own thing. There is a time and place for that. When it comes to employment centers, it’s typically geographic through an MSA area. They are tied to Orlando; and some people like that, and some people don’t. The trickle-down effect of economics of this package are tremendous. It benefits the schools and existing business owners. These are the employees they want to thrive in the community. He will be supporting this, and he thanked Deloitte for their continued support of the Boys and Girls Clubs locally and nationally.

Chairman Dallari advised he supports this item. The success of Deloitte being here is also the County’s success. They have seen the job growth in this area that is second to none. With the pandemic and all of the jobs that are on the line, he thinks this is a good thing because they aren’t just giving out money, Deloitte has to earn it. He encouraged Deloitte to take all of the comments that were heard today to heart.

Commissioner Lockhart stated she thinks there are a lot of wonderful companies that have chosen to be in Seminole County that have brought hundreds and hundreds of jobs, and are wonderful corporate citizens, and the County didn’t give them a dime to be here; but those companies recognize the value of having their business here. The County doesn’t have to pay them to stay, and those companies continue to stay highly invested in this community because they realize the value of the community for their organization. She has typically been supportive of these types of initiatives, but she is hoping that the Board will hear, as the Chairman of the Board of Trustees at Seminole State College, they are not experiencing the type of collaboration and partnership that many of the Commissioners think is happening. She is hopeful that if this item passes, there will be something in the motion that would indicate that there will be some type of expectation that that collaboration will actually occur.

Commissioner Constantine stated he is happy Deloitte is here, and he thinks they’re going to stay here one way or another. After they spent $1.9 million, and they’re embedded in the county, he doesn’t feel that they need to continue to pay them to stay. Commissioner Constantine called the question.

Districts 1, 2, and 5 voted AYE.

Districts 3 and 4 voted NAY.

Agenda Item #42 – 2021-3056

Myrtle Street Estates Preliminary Development Plan/Zach Miller

Joy Giles, Planning and Development, addressed the Board and presented the item as outlined in the agenda memorandum, and stated staff recommends approval.

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

Commissioner Zembower asked how much of the 50% open space is uplands. Ms. Giles answered the 50% is calculated completely from net buildable. There is approximately one-and-a-half acres of flood plain, but the 50% comes out after that. Commissioner Zembower confirmed with Ms. Giles that all of the 50% open space is uplands. He stated these are upland, open, green spaces that the public can actually enjoy. He appreciates the applicant’s willingness to afford that open space and go to a clustering type of subdivision. The Commissioner will be supporting this request.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve the Myrtle Street Estates Preliminary Development Plan containing thirty-six (36) lots on 19.59 acres zoned A-1 (Agriculture), located on the north side of Myrtle Street, approximately ¼ mile west of S. Sanford Avenue.

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

COUNTY MANAGER AND STAFF BRIEFINGS

No briefing.

COUNTY INVESTMENT ADVISOR REPORT

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

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

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, 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

Mr. Applegate advised for quite some time, in regard to restitution from the former Tax Collector and others, they need to proceed prudently, patiently, and cautiously. The main reason for this course of conduct is that there are a number of ongoing investigations, and there may be more investigations in the future. As the Board knows from individual briefings, Mr. Applegate has had several meetings with outside counsel Kara Wick with Foley & Lardner LLP, Attorney Fritz Scheller who represents Joel Greenberg, and the U.S. Attorney’s Office. As he’s said in the past, restitution in a criminal proceeding is a unique process involving several steps. The Board may recall that a few months ago, Mr. Applegate advised the Board that a federal order established an account where proceeds are to be used for restitution and will be deposited in that account. He refers to that as step one.

He emphasized that he is requesting that the Board does not comment on what he is about to report on. He is available for individual briefings. In regard to step two, Mr. Applegate announced he has reached a tentative verbal agreement with Mr. Scheller for restitution in the amount of $1,870,351.61. He explained when the County had a special audit done after Mr. Greenberg’s resignation, the auditors noted that on the Blockchain issue, they felt the County was entitled to $98,000; on the improper use of credit cards, $350,000; on the property flip, which he cannot go into details on, $262,000; sports memorabilia, $2,754; the use of consultants, $685,630; and attorney fees that were generated as a result of the criminal investigations, $471,967.61.

Mr. Applegate stated the next step in the process is actually recovering that amount. It will happen hopefully at sentencing or prior thereto the funds will be made available. But he assured the Board if that does not happen, then he will be asking for the Board’s permission at a public meeting to continue the employment of the law firm Foley & Lardner LLP with their firm’s expertise to go after every individual and entity possible to collect the funds. Step two is complete, but none of this is in writing. He will emphasize that he is always available, and he has tried to keep the Commissioners informed as much as possible on an individual basis. He will keep the Board updated as this issue presses on.

Agenda Item #43 – 2021-3106

RFP-604245-21/TLR – Recruitment Services for County Manager Search

Mr. Applegate advised this item is for responses to an RFP for recruitment services for a County Manager. The County received two proposals. The proposals are from GovHR USA and Robert E. Slavin, Inc. d/b/a Slavin Management Consultants. In working with procurement, staff decided that each company will be given 20 minutes for a presentation; and after each presentation, the Board will be allowed 10 minutes for comments and questions. The Board will then have a discussion and a motion to select one of the companies. They will start in alphabetical order with GovHR USA.

James Dinneen, GovHR USA, addressed the Board to give his presentation (included in the agenda backup). With regard to public participation, no one spoke, and public input was closed. There was a question-and-answer session between the Board and Mr. Dinneen.

Mr. Applegate announced they will now hear from Robert E. Slavin, Inc. d/b/a Slavin Management Consultants.

Robert Slavin, Slavin Management Consultants, addressed the Board to give his presentation (included in the agenda backup). With regard to public participation, no one spoke, and public input was closed. There was a question-and-answer session between the Board and Mr. Slavin.

Mr. Applegate advised the next step is for the Board to discuss the two candidates and award the contract to one of the firms.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to award RFP-604245-21/TLR – Recruitment Services for County Manager Search to Robert E. Slavin, Inc. d/b/a Slavin Management Consultants; and authorize the Purchasing and Contracts Division to execute the agreement.

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

Mr. Applegate stated the next step is to work with procurement. They have a form contract, but staff will work with Mr. Slavin on the scope.

Commissioner Herr stated she thinks it’s really important that they put together a timeline with Mr. Slavin that is detailed including when questions get developed because there are some places in the presentation where they are late in the game from her perspective. They need input on that now so that they aren’t backtracking later. There’s a timeline in the RFP, but the timeline doesn’t necessarily attach to the steps that were outlined in the RFP. She needs that put together. Also, she advised for the public record, she winced at one of the slides acclaiming a 25% women recruitment rate; and she thinks that was a bad slide. Clearly the County is open to all candidates.

Commissioner Zembower stated regardless of race, gender, and/or religious belief, they owe it to the citizens of the county to identify the best candidate. They need to engage the community to a certain extent, but the Board was elected by the community. They’ve neither been shy or reluctant to voice their opinions to the Board, and he doesn’t want to get bogged down into a situation where they want to float this process through community leaders and community meetings. The Board is here to represent the community. They operate in the sunshine, but he isn’t a fan of getting too many people involved in this process of identifying who the CEO of this County should be.

Commissioner Herr stated having participated in two superintendent search committees in this community, both of which resulted in an outstanding result, she will say it is certainly not an easy process when they go through that level of community engagement. However, that level of community engagement brings perspective to the table that the Board may not have. While the citizens have elected the Board, they still need the community’s perspective. She would welcome a well-thought-out plan that gets somewhere between what they’re hearing today. But to not engage the community when they have a very rare opportunity to go through this process, she thinks would be a mistake.

Commissioner Lockhart advised she would not suggest that they abdicate their role or responsibility, but the Board has given the direction to the former County Manager to convene community members, especially going into the new Comprehensive Plan Land Development Code revamp that was going to require an extensive amount of community involvement and engagement. So, for her, it’s a little bit of a test to see how well the candidates will engage with the public. If they don’t give them the opportunity in the recruitment process to engage with the community that the Board is asking them to serve, they won’t know until it’s too late how well they do it. She believes that because the Board’s job is to legislate and it’s the County Manager’s job to run the organization, the synergy and the chemistry between the CEO and the employees who actually drive the function of the organization and meet the needs of the community is so critically important. She wants to see how they are going to engage with staff at all levels of the organization. She doesn’t want to hire somebody who is going to hold up in their executive suite and never go out and talk to the employees and be a part of the organization. Those are her reasons for wanting stakeholder engagement.

Commissioner Constantine stated Mr. Slavin has his work cut out for him. But he thinks the one thing that they are all looking for is the widest scope of search, the most involvement he can have with the five Commissioners so he knows what type of individual they’re looking for, certainly internal candidates are extremely important, and a buy-in of the community. The fact of the matter is, the Board is here to make the decision; but he believes as much involvement as they can with the community is extremely important.

Chairman Dallari stated once the candidate comes on contract, Mr. Slavin will reach out to the Commissioners individually. He will also be putting together a timeline of events and criteria of what he needs from the Board so all of their concerns are addressed. Then they will bring it back to the Board as a whole so that they can take formal action on it.

Mr. Abel announced he will not be participating in the search for a County Manager, and it is his intention to retire June 4, 2022.

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Chairman Dallari asked if there was any problem starting the afternoon session at 2:00 p.m. Mr. Applegate replied there is a 1:30 p.m. evaluation on Larry Ross’s schedule regarding Agenda Item #44, County Attorney Annual Performance Review Process, but they can work it out. Chairman Dallari announced the afternoon session will resume at 2:00 p.m.

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Chairman Dallari recessed the meeting at 12:52 p.m., reconvening at 2:00 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Colon, who were present at the Opening Session.

COUNTY MANAGER AND STAFF BRIEFINGS CONTINUED

Agenda Item #44 – 2021-3087

County Attorney Annual Performance Review Process

Steve Fussell, Office of Organizational Excellence, addressed the Board to introduce Dr. Larry Ross, F&B Associates, who appeared virtually via Zoom. Due to Zoom technology difficulties, this item was momentarily passed and the Board considered other items.

PROOFS OF PUBLICATION

Motion by Commissioner Constantine, 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.

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Chairman Dallari announced Item #55, Strawberry Lane, is requesting a continuance and if there were no objections, that item would be heard first. No objections were voiced.

PUBLIC HEARINGS – LEGISLATIVE

Agenda Item #55 – 2021-3114 (Not in sequential order)

Pappy’s Patch, Request to Amend Rural Boundary Line

Strawberry Lane, LLC

Ms. Hammock addressed the Board and advised the Applicant has requested that this item be continued to the February 22, 2022, BCC meeting.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to continue to February 22, 2022, the request to adopt an Ordinance amending the Rural Boundary to remove approximately 67 acres (14 separate parcels collectively known as Pappy’s Patch) located at the northeastern corner of Florida Avenue and Deleon Street from the Rural Boundary; Strawberry Lane, LLC, Applicant; as described in the proof of publication.

With regard to public participation on the continuance, Steven Jenkins inquired if the meeting could be after normal working hours so members of the public could attend and be heard. Chairman Dallari responded the Board would take the request into consideration. The Board has the ability to do that at the appropriate time, but this is not the appropriate time to do that.

No one else spoke in support or opposition, and public input was closed.

Public Speaker Form received and filed.

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

COUNTY MANAGER AND STAFF BRIEFINGS (Continued)

Agenda Item #44 – 2021-3087 (Continued)

County Attorney Annual Performance Review Process

Dr. Ross addressed the Board and stated he had a brief summary of Mr. Applegate's recent performance review and then a presentation about the review process. He advised Mr. Applegate requested one revision to the format this year which was the addition of an eighth performance dimension that had to do with major projects. All five Commissioners provided both quantitative and qualitative feedback. The average scores for all of the eight performance dimensions were at 4.0 or greater. The highest was at 4.86 on a 5-point scale indicating that the County Attorney met or exceeded Commissioners' expectations for each of the eight performance dimensions, and in most cases somewhat exceeded or exceeded expectations.

There are 40 individual scores, five Commissioners, eight performance dimensions. Of those 40 individual ratings, Mr. Applegate received twelve 5.0s, 30%; twelve 4.5s or higher, 30%, indicating a 60% of all the individual scores exceeded expectations. He received another ten scores between 4.0 and 4.49 indicating met or somewhat exceeded expectations. He had six ratings of 3.5 to 3.99 indicating somewhat below expectations but above average.

The scores were mixed in terms of the performance dimensions. Several were higher than in the past year, all were higher than two years ago, and several were somewhat lower. The two that were noticeably higher compared to last year's performance review were technical competency and professional relationships which was up 6.8 and 3.8% respectively. And then the other dimensions were down slightly between 2 and 9%. The biggest decline was in the category or dimension titled Interaction with County Manager. That was down 9.2%, but it was still higher than it was in 2019.

The real value in this process is the qualitative feedback and the subjective feedback. Mr. Applegate received 64 comments on the review this year, up from 43 last year and up from 57 in the first year. The majority of those 64 comments were complimentary, and the remaining comments were requests for more of a particular performance behavior or suggestions for doing things differently. There was something of a theme in this year's comments from the Commissioners suggesting there's an opportunity going forward for the County Attorney to improve performance respective to his role in light of the transition to a new County Manager.

Mr. Applegate's overall performance was a 4.45, which somewhat exceeds expectations. It was down 2% from last year's 4.56. Overall, the County Attorney's performance exceeded expectations and was stable in a year-over-year comparison.

Mr. Ross recommended they continue the performance review process. The Commissioners and the County Attorney indicated value in this process and encouraged the continuation of it. He also recommended they consider incorporating this process and its criteria into the search process for the new county manager.

With regard to public participation on the County Attorney’s annual review, no one spoke in support or opposition, and public input was closed.

Dr. Ross presented and reviewed Performance Review Process (included in the agenda memorandum). He commented he has had clients who have also added an informal midyear "course correction" review using the same performance dimensions and form but not scoring and not interviewing. During an official commission meeting, the Commissioners briefly run through the review in terms of what he/she has or has not worked on that was suggested in the preceding annual review. The three or four clients he has had who have used this have expressed tremendous value being added rather than waiting 12 months to tell someone formally how they are doing. It provides an opportunity to correct course midway, and it encourages a conversation throughout the year.

He cautioned to not tie the performance review to the budget cycle and make a decision about compensation based on the review results. It is discouraged because performance shouldn't be tied directly to compensation; it should be tied to what you're expecting your county manager or your county attorney to accomplish and how.

The Board all expressed their gratitude to Mr. Ross and Mr. Applegate. Chairman Dallari added if it's the ability of the Board to move forward, he would like for them to do so. He thinks Mr. Ross does provide a service, and he is okay if it is remote. He thinks it is something they should look at as they move forward.

Mr. Applegate thanked Mr. Ross and stated this process over the last few years has been very helpful. He expressed the vast majority of good comments is a reflection on his office staff. He has an incredible group of lawyers and support staff. He advised he does hope they continue with Mr. Ross and he likes the idea of a six-month checkup.

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Mr. Applegate left the meeting at this time and was replaced by Deputy County Attorney Paul Chipok.

PUBLIC HEARINGS – QUASI-JUDICIAL

Joy Giles, Planning and Development, addressed the Board and requested Item #46 be heard before Item #45, and no objections were voiced.

Agenda Item #46 – 2021-2990 (Not in sequential order)

Slavia Colony Company’s Subdivision

Unnamed Right-of-Way Vacate

Ms. Giles addressed the Board and presented the request as outlined in the agenda memorandum. It was determined the Applicant was present but did not wish to speak.

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

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to adopt appropriate Resolution #2021-R-174 vacating and abandoning an uncut portion of an unnamed right-of-way, as recorded in Plat Book 2, Page 71, in the Public Records of Seminole County, Florida; Echelon Constructors, LLC., Applicant; as described in the proof of publication.

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

Agenda Item #45 – 2021-2974 (Not in sequential order)

Alro Metals PD Rezone

Ms. Giles addressed the Board and presented the request as outlined in the agenda memorandum. Chairman Dallari confirmed with Ms. Giles the requirement to connect to water and sewer is in the revised D.O. that was distributed. Brent Lenzen, Kimley-Horn, on behalf of the Applicant, advised they support staff's recommendation.

With regard to public participation in support, Clay Archey and Mitchell Killinger spoke. Commissioner Constantine stated Mr. Archey contacted him earlier with some concerns. He inquired if Mr. Archey now felt comfortable with this, and Mr. Archey responded he did.

Katrina Shadix spoke in opposition and addressed drainage located within the Lake Howell drainage basin. The lake has already had an algal bloom this year and will continue to have algal blooms as long as rezones are approved and green spaces and aquifer recharges are paved over. There are also wetlands that will be impacted.

No one else spoke in support or opposition, and public input was closed.

Public Comment Forms received and filed.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt Ordinance #2021-44 enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for 32.16 acres, located on the south side of W. Chapman Road, approximately one-fourth mile west of W. SR 426; Echelon Construction, LLC., Applicant; as described in the proof of publication.

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

Agenda Item #47 – 2021-3061

Cove at Riverbend Small Scale FLU and PD Rezone

Annie Sillaway, Planning and Development, addressed the Board and presented the request as outlined in the agenda memorandum. Commissioner Constantine stated twice in the presentation it was said there is not going to be any water held on the property. He requested clarification on what the plan is. Ms. Sillaway responded the existing pond is going to be filled in, and there will be a new retention pond created.

Chad Moorhead with Madden, Moorhead & Stokes, on behalf of the Applicant, addressed the Board and clarified the existing agricultural pond will be filled in and there will be a retention pond in the northeast corner. This particular site drains to the east to the Celery Avenue spur, which is the new road on the east side. DOT specifically put in a drainage swale on that side to drain this site. At the community meeting, they were asked by a resident to change the access point so it has been moved further to the north to accommodate the request.

With regard to public participation, the following spoke in opposition and addressed concerns of density, flooding, the environment, wildlife, traffic on Celery and it being a two-lane road that is not being improved, impact of development on the Midway community, and suggested this area be transitional with no more then two houses per acre: Nancy Harmon, Cindy Haller (document received and filed), Katrina Shadix, and Olivier Welscher (via Zoom).

No one else spoke in support or opposition, and public input was closed.

Public Comment Forms received and filed.

In rebuttal to public comment, Mr. Moorhead explained this particular site flows to the northeast. DOT took that into account when they did the improvements on 415 and the Celery spur. He is aware there are other issues in the area with drainage, but this particular one flows to the northeast and probably has the best outfall in the area that doesn't affect Midway as much as the development to the south. They fit within the Joint Planning Agreement (JPA) between the City of Sanford and the County.

Commissioner Herr confirmed with Mr. Moorhead they will be connecting to sewer and water will be coming from Sanford. The Commissioner asked Mr. Moorhead to address the notion of filling in a pond versus leaving the pond there and attempting to build around it. Mr. Moorhead explained it's an agricultural pond which will be filled in. They will be building a retention pond, storing their water, and then releasing it once it's treated. Commissioner Herr inquired if there would be sufficient drainage if they attempted to keep the current pond, and Mr. Moorhead responded no.

Upon inquiry of Commissioner Herr, Public Works Director Jean Jreij explained they have selected the consultant for the Midway drainage project. Purchasing has the information, and they are going through the process. For the traffic light at the intersection of 415 and Celery, the funding for design has been approved, and the design of the mast arm is in process. When it's completed, it will be put out to bid for construction. The lead time for that type of mast arm sometimes takes more than six months. The light will probably be done by the middle of 2022.

Upon request of Commissioner Constantine, Mr. Moorhead displayed a layout (received and filed) and reviewed the proposed open space.

Upon inquiry of Commissioner Constantine, Ms. Sillaway explained the JPA with Sanford, which was reestablished in 2015, establishes there are different sections throughout Sanford and Seminole County. This development happens to be in Subsection 2 which allows for four dwelling units per acre, and that's why the trend of development in the area is no more than four dwelling units per acre. Upon request of Commissioner Zembower to elaborate on revisiting the JPA at the request of Sanford, Mary Moskowitz, Planning and Development Manager, explained there was an amendment done in 2014, which is the agreement they are currently working under. The first step in the reevaluation process was the East Lake Mary Boulevard Small Area Study. Staff will be coming back to the Board with the final plan, and that will become the basis for the new JPA. For this particular area and this particular development, they are currently working under the JPA which allows four dwelling units per acre.

Commissioner Zembower inquired if this area should be considered a transition area. Ms. Moskowitz responded the transition area would be as you get closer to the St. Johns River. The River's Edge development had a lower density and also incorporated wetlands into their development. This particular site does not have any environmentally sensitive lands on it. There are no wetlands and no floodplains so it is more suitable for the higher density development. This site is not within the rural boundary. Commissioner Zembower inquired if the property owner and the Applicant will have to go through any environmental considerations. Ms. Moskowitz explained at this stage, they do a preliminary environmental review and they look at mapping which indicates potential wetlands on the site. In this particular case, there were no wetlands. All developments have to submit a threatened- and endangered-species report prior to development. And prior to getting final engineering approval, they will submit that report. They also require a tree survey and tree mitigation plan as part of the final engineering plan and review.

Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt Ordinance #2021-45 enacting a Small Scale Future Land Use Map Amendment from Suburban Estates to Low Density Residential; adopt the associated Ordinance #2021-46 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for a thirty-eight (38) lot single family residential subdivision on approximately 9.60 acres, located on the east side of Cameron Avenue and west of Celery Avenue, approximately one-fourth mile west of Lake Mary Boulevard; Development Order; Chris Tyree, Foresta Real Estate Group, Applicant; as described in the proof of publication.

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

Agenda Item #48 – 2021-3103

Riverside Oaks Phases 1, 2, and 3 Impact Fee Vesting Appeal

Rebecca Hammock, Development Services Director, addressed the Board and presented the request as outlined in the agenda memorandum. Upon inquiry of Commissioner Zembower, Ms. Hammock explained each of the cities were able to create their own processes for vesting. Some cities were accepting applications after September 13th, but the absolute deadline for the contract to be executed was September 27th.

Attorney Helen Ford, Mestdagh, Wall & Hamilton, on behalf of the Appellant/Applicant addressed the Board and explained they have three plats with ongoing sales in Phases 1, 2, and 3 of Riverside Oaks. But for the late filing of the application, this development is fully vested and would have been approved. She stated Toll has several ongoing developments within unincorporated Seminole County and the different municipalities with the county. She explained there was confusion because the municipalities have different filing deadlines, and there was confusion over who was going to be filing those on behalf of Toll. By the time this documentation reached her, she was out sick with the flu. It was due to those circumstances there was an untimely filing. Ms. Ford stated the September 13th application deadline was not uniform for all the communities and municipalities within Seminole County, but the deadline for Toll to enter into vesting agreements with Seminole County or the municipalities was September 27th.

Ms. Ford pointed out Governor DeSantis signed HB 337 on June 4, 2020, which imposed an obligation on municipalities and counties to provide 90 days’ prior notice of enacting an ordinance if they were going to be amending and increasing impact fees. Seminole County adopted their ordinance which went into effect June 29, 2021. HB 337 provides that unless the result is to reduce total mitigation costs or impact fees imposed on an applicant, new or increased fees may not apply to current or pending permit applications submitted before the effective date of a new or increased rate. Seminole County's adopted ordinance has a specific vested rights section that says if there's a written agreement which establishes or restricts imposition of mobility fees on property within the county and it's entered into on or before September 27, 2021, the property is not subject to the provisions of the ordinance. Ms. Ford pointed out the Seminole County Land Development Code which was amended by the ordinance did not provide any deadlines other than the September 27th deadline. The September 13th deadline was included within the Administrative Code. In order to submit for vesting, you would have to look at both the Land Development Code and the Administrative Code. Under the Administrative Code, the Development Services Director is given some leeway with respect to granting authority to make certain limited administrative adjustments to allow a measure of flexibility while fulfilling the overall intent of the code. Ms. Ford believes the intent there was that properties that are vested should be able to maintain their vesting status.

Ms. Ford stated the whole point of the House Bill was that on or before September 27th, within that 90-day window, the parties had to enter into an agreement for the vesting. She would argue that even though their submission came after the September 13th deadline, they had plenty of time to enter into a vesting agreement with Seminole County and, in fact, did with the other municipalities.

Upon Commissioner Lockhart's request, Mr. Chipok advised staff was closely watching the legislation as it was happening with regard to the fees. They made sure they were consistent with the state statute when it was finally adopted. They met all of the timing deadlines, notice deadlines, and procedural requirements for determining that there were extraordinary circumstances. They held the requisite public hearings beforehand, so they are confident the ordinance was properly adopted.

Mr. Chipok explained the controlling document in this situation is the Administrative Code, which was adopted by the Board, which in equity for the vesting situations gives a certain amount of administrative authority to the Development Services Director to look at the situation and to grant the vested rights certificate if the criteria in the Resolution are met. There is an absolute deadline that was in the Administrative Code which was adopted by the Board to say the County would not take any applications past September 13th, so that is where the administrative discretion of the Development Services Director ends. There is the right to appeal that decision, which the Applicant is taking advantage of. Now it is within the Board's discretion to deal in equity and to listen to the arguments and determine whether in this situation vesting is appropriate.

Commissioner Herr confirmed with Mr. Chipok the County was within their rights to create an application deadline and the application deadline fulfilled the 90-day requirement. Mr. Chipok added the vesting provisions are in the mobility fees and impact fees in general. There is case law that says the County has the absolute right to change impact fees any time they want. The state statute came in and said if the rates change, they have to give 90 days' notice if they are increasing, and they have met that requirement. When a building permit comes in, they have to pay the fee that is in place at the time of the application for that building permit, and case law is clear on that. There is also case law that says a county or governmental body cannot create legislation that detrimentally impacts existing contracts. That is why they have the vesting provisions as stated in the Administrative Code to address those situations where there were existing contracts and reliance on those existing contracts so that the vesting could be applied for. The Administrative Code puts structure on that so staff on an administrative level has the guidance to apply those rules to determine if it's appropriate and within the boundaries of the existing rules to grant the vesting certificate. If it's not, then it's denied. The applicant has the ultimate appeal to the Board, and the Board has the ability to deal in equity and determine if vesting is appropriate or not.

Commissioner Herr confirmed with Mr. Chipok they met the 90-day notification requirement; they are allowed to put in a vesting process and document it in the governing doctrine, which is the Administrative Code; they did that; they communicated that; and so they are all good.

Commissioner Zembower confirmed with Ms. Ford that Toll builds homes all across the state. The Commissioner stated they had to be paying attention to how the deadlines would impact their business model across the state within all 67 counties and numerous cities. There were different jurisdictions across this state changing fees and revising their Land Development Codes and Administrative Codes for those impact fees. It wasn't just Seminole County. The Seminole County Commission has been talking about impact fee revision and mobility fees for at least two years, and the public had plenty of notice this was in the pipeline. He finds it hard to believe a company as sophisticated as Toll which is building across the state would be confused about the deadlines.

With regard to public participation, Nancy Harmon and Cindy Haller spoke in support of upholding the denial.

No one else spoke in support or opposition, and public input was closed.

Public Comment Forms received and filed.

Commissioner Constantine stated Toll Southeast is a large corporation. They should have known this. They do business throughout the state of Florida. The impacts are the impacts. If they wanted to get the vesting, they would have paid more attention. Most importantly, if the Boards overturns the denial, they will have no excuse if somebody else comes in and says they missed it.

Motion by Commissioner Herr, seconded by Commissioner Constantine, to uphold the denial of the Mobility Fee, Fire and Rescue, and Library Impact Fee Vesting for the Riverside Oaks Subdivision Phases 1-3, located on the north side of Celery Avenue, west of N. Beardall Avenue; Toll Southeast LP Company, Inc., Appellant; associated Decision on Appeal; as described in the proof of publication.

Commissioner Zembower clarified for the public the developer was paying under the old schedule of impact fees, and they were now asking to not pay under the new schedule, which is more expensive. Commissioner Lockhart commented she doesn't begrudge corporations for making money. She thinks this was a mistake and sometimes mistakes are costly. She feels badly for whoever it was that made the mistake, but she thinks it's going to be a good, valuable lesson.

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

Agenda Item #49 – 2021-3104

Riverside Oaks Phase 4 Impact Fee Vesting Appeal

Ms. Hammock addressed the Board and presented the request as outlined in the agenda memorandum. After brief discussion with Ms. Ford, Ms. Hammock advised the Board that the Appellant has withdrawn his request. Chairman Dallari confirmed with Mr. Chipok there was no further action required from the Board.

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Chairman Dallari recessed the meeting at 3:50 p.m., reconvening at 3:59 p.m.

Agenda Item #50 – 2021-3053

Riverside Oaks PD Major Amendment Rezone

Ms. Giles addressed the Board and presented the request as outlined in the agenda memorandum. Commissioner Constantine stated it looks like from the maps that it is wet in the north. He inquired if those wetlands have been taken out of the gross acreage for the development. Ms. Giles responded the net buildable is exclusive of wetlands and floodplain. There are approximately 3.3 acres of wetlands on site, and those will be placed in a conservation easement.

Geoff Summitt, Summit Engineering, on behalf of the Applicant, addressed the Board and stated they agree with staff's presentation and recommendation. With regards to the wetlands, they are putting in a conservation. They have no wetland impact shown on the plan. They have a 25-foot buffer all the way around the wetlands, and they have more than 25 feet of buffer on their eastern property line. With regards to open space, this is a shared community. It's going to connect to Phases 1 through 3 which are gated. They do have a cabana, a pool, and a park that they have proposed on the south side of this project directly adjacent to Celery Avenue. They are also dedicating right-of-way to the County for the bike trail and any potential future widening that would occur on Celery. In regards to the drainage, they have two retention ponds for the development. They have already worked with development engineering staff on the compensating storage and floodplain issues. With Phases 1 through 3, they improved the drainage ditch and gave the County a drainage easement. They think they have a nice development that gives plenty of buffer and sufficient open space, and it is compatible with what's been approved in the past.

With regard to public participation, Katrina Shadix and Olivier Welscher spoke in opposition.

No one else spoke in support or opposition, and public input was closed.

Public Comment Forms received and filed.

In rebuttal to public comment, Mr. Summitt addressed environmental impacts and expressed they are meeting higher standards than in the past. In regards to traffic, they worked with development engineering. They do not have a connection to Beardall as their connection is internal. Their intersection is already through Phases 1 through 3. It's improved, they put in turn lanes for that intersection, and it's to County standards.

Commissioner Constantine requested confirmation that all of the wetlands and the forest will remain untouched. Mr. Summitt displayed the site plan (included in the agenda memorandum) and explained Tract U is the northern pond. Tract R and a portion of Tract C is all floodplain and they are not touching that area. It will stay intact the way it currently is today.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt Ordinance #2021-47 enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for 23.08 acres, located on the north side of Celery Avenue, approximately one-half mile west of Cameron Avenue; Toll Brothers Inc., Applicant; as described in the proof of publication.

Commissioner Zembower commented the amount of fertilizers, nutrient loading, and other things that were dumped on these farming grounds for the last 100 years is what has impacted and caused a lot of the algae blooms. Seminole County was one of the first ones to adopt a fertilizer ordinance. There is far less runoff and far less nutrient loading coming from developments than there ever was from farming operations.

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

Deputy Clerk Chariti Colón was replaced by Deputy Clerk Terri Porter.

Agenda Item #51 – 2021-2975

Hiddenwoods Reserve PD Rezone (Continued from November 9, 2021)

Ms. Giles addressed the Board and presented the request as outlined in the agenda memorandum. She stated the Applicant originally proposed access onto Raymond Avenue, contingent upon approval by the Board to open a portion of Raymond Avenue; however, that request was denied and the Applicant is now requesting that access to the proposed PD be via Oakhurst Street, which is currently classified as a substandard, local road. Therefore, the Developer would be required to improve the road to county standards for width and pavement. She also noted Future Land Use allows for a maximum of four units per net buildable acre and this request is for a maximum of 2.8 units.

Ms. Giles advised the Planning and Zoning Commission voted four to one to recommend denial of the request on December 1^st; however, staff recommends adoption of the Rezone Ordinance.

Ms. Giles explained for Commissioner Zembower that each lot in the plat is 62 feet by 115 feet, which does not meet the current R-1AA zoning requirements, and many of the lots had been combined together to create larger lots. There are still some that currently exist as one lot with a single-family residence on it.

Becky Wilson, P.A., with Lowndes on behalf of the Applicant, addressed the Board and reviewed a slide presentation (received and filed). She advised there are no wetlands on the site and they are not in a floodplain. The request for a rezone is before the Board today and they will later have to come back with more precise engineering for their subdivision plan and then later their plat. They had requested 25 units for the PD, but when they began to massage that plan, they found they were able to fit 23 lots on their concept plan. She stated that in listening to the remarks of some of the neighbors at the Planning and Zoning meeting, there seemed to be a concern that for some reason being a Planned Development somehow gave them less protection than an R-1AA straight rezoning. She then explained why staff suggested they go with Planned Development and why they agree with that. In a Planned Development, you are required to have 15% open space, and if they go R-1AA, there is no requirement for that. She pointed out the buffers and said that when they came in initially, staff thought the neighbors would want buffers and PDs are required to have buffers.

Ms. Wilson stated Hidden Woods Cove has a dirt road which is partially within the existing 25 feet of right-of-way and then it is partially on the land that they are purchasing, so that is a dedication they would give in order to help the County with that situation. They are also required to dedicate land for stormwater.

Ms. Wilson indicated they are asking to put their larger lots on the perimeter and they are 90-foot wide lots, which are larger than the 62-foot wide lots that were mentioned. They are also requesting for the interior lots to be at 70 feet. They would use the same size home on each of the lots and are intending to build a very high-quality type of home.

Ms. Wilson noted that on page 3 of the Development Order, the actual requirements for Oakhurst, if they were to agree to the standards, is that they would rebuild/resurface Oakhurst to 20 feet, thereby only impacting two feet on either side of the existing road and not going in and taking up all 60 feet of right-of-way. Staff also requested that they build a five-foot sidewalk along Oakhurst up to Virginia Avenue and the side of the road is to be determined.

Upon inquiry by Commissioner Zembower, Ms. Giles stated she had distributed an updated Development Order (received and filed), which omitted the requirement of a sidewalk along Oakhurst. Jean Jreij, County Engineer and Public Works Director, addressed the Board and confirmed that.

With regard to public participation, the following spoke in opposition: Katrina Shadix, David Larson (representing 176 homeowners in the West Altamonte Heights and Raymond Oaks Subdivision), Jeff Singletary, Nick Anderson, Dawn Kintigh, Lawrence Ewaldt, Deborah Bauer, Kendra Cassell, Gino Ratti, and Don Epps. Speaker Forms were received and filed. Steve Shard (Citrus St, Altamonte) and Maria Fernandez-Pittman (Alpine St, Altamonte) spoke in opposition via telephone. Written Forms in opposition were received and filed from Don Epps and Cindy Haller. No one else spoke in support or opposition, and public input was closed.

Ms. Wilson then presented her rebuttal. They have heard the neighbors say that it is a lot-size issue to them, but what they have done is on the exterior, the lots across the top as is today are 12,600 feet. Across the south, those are 10,800 feet which does not include the 10-foot buffer that is there. If you include that 10-foot buffer into these lots, the exact number is 11,700. So the widths, depths and sizes are compatible with what is in the neighborhood. They are giving an extra 10-foot buffer to their neighbor on Oakhurst adjacent to the proposed development, so not only will there be larger lots there, there is also another 10 feet of buffer. And that is where the give and take is. And also, there is a dedication of 25 feet of right-of-way, which is not unusual for a developer to give that right-of-way. The cul-de-sac in the middle is the right-of-way dedication too, but that is not what she is referring to. That right-of-way gives access to their lots. They are giving a right-of-way dedication on the north to the County that their lots cannot access from in order to make sure there is not an issue with the County having to move that road so they get it within the right-of-way. She also explained why Oakhurst was chosen for access and not Sheppard, and that was because Oakhurst goes somewhere and Sheppard does not.

Upon inquiry by Commissioner Herr, Ms. Giles explained the number of lots to the south is consistent to what is being requested, but the lot size in the development to the south is slightly larger. Commissioner Herr confirmed that is because the southern development does not have buffers and the proposed development will have buffers. She asked about the size of the houses they propose to build, and Ms. Wilson answered they would be 3,000 to 4,000 square-foot homes. Commissioner Herr noted they are not that large in the existing neighborhood.

Commissioner Lockhart noted this proposed development shows one way in and one way out, which is the same as Raymond Oaks, and wondered if there have been any safety issues with that. Ms. Giles responded she is not aware of any, and noted Fire/Public Safety reviews preliminary subdivision plans and master and final development plans, and they would determine if they would require a secondary entrance based upon the number of lots and the layout and access in general.

Commissioner Lockhart stated she understands about the lot size comparison and it is how the lots are developed and how the houses are placed on multiple lots that are combined. It is not about how it was platted; it is about how it was developed. She thinks where she is seeing them get hung up is the buffers that are being required in a PD-style development versus the eventual lot size of straight zoning. She thinks they really get to the same place; it is still the same size tract of land; it is still essentially the same number of houses. She is hearing they have a problem on the north end of this parcel with this road, so this is not just about what works for the developer, this is about fixing that issue as well. And if they straight zone, they cannot fix that issue. Ms. Giles stated she believes that is correct, and the PD allows for concession and straight zoning does not.

Commissioner Lockhart asked what staff’s recommendation would be if they do not go with a PD to help fix this problem with the dedication of the right-of-way; what would the alternative be. Mr. Jreij advised the street on the north side is already on private property and that would have to be moved to the north within the right-of-way. Commissioner Lockhart noted it is not the developer’s responsibility to move a county road off of his property, so who would move that road. She added it is the County’s responsibility to figure out a way to move that road and asked where they would move it to. Paul Chipok, Deputy County Attorney, advised the road presently meanders out of the existing public right-of-way onto private property. If the property develops as straight zoning, there are no buffers along the northern edge; there is no dedication of right-of-way and then the road would be on private property. The road would have to eventually be moved off the private property and put onto the public right-of-way, which would affect the homeowners to the north, because it looks like their front yard now and that will no longer be, the road will be in the right-of-way.

Commissioner Constantine stated that all of the property there is zoned R-1AA and he thinks the citizens are asking, and he agrees, that they are not going to solve the problems of the universe in allowing more lots on this piece of property. He thinks that the fairest way to do this and the right way to do this is to do an R-1AA.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve a Rezone to R-1AA straight zoning.

Under discussion, Commissioner Zembower asked for Commissioner Constantine’s thoughts, and said the buffers could go away. Commissioner Constantine said he thinks they are looking at 18 to 20 lots, but he is not a planner and is not trying to plan it for them. He is simply saying that he does not think they need to have, and they have heard this from all the neighbors, that they really do not want improvements on Oakhurst. They do not want sidewalks. They are looking for uniformity and that their lot sizes are going to be 11,700 feet. He thinks the only reason they are asking for a PD is for increased density. The P&Z voted 4 to 1 against the PD, and if they go with PD, he would want a lot more than the few things they are offering right now because that is what they can ask for. It is going to be developed and he thinks everyone understands that. He has not heard anyone that is against the development, but what they want is consistency.

Commissioner Zembower noted it takes away that whole idea of any buffering, and if you go with straight zoning, the lots that back up to the existing developments will now belong to a homeowner who does not have to maintain a buffer either. His bigger concern for the residents is these are going to be 3,000- or 4,000-square-foot homes, compared to what has been there since the 70s, who will not have a buffer. Commissioner Constantine said they do not know yet what they are going to do with the planning and he would take his chances with R-1AA saying that is consistent with the neighborhood and when they are planning that, they can put together some opportunities for buffering and other things. At the same time, those lots will be large enough that there will be some consistency in that neighborhood, and when you are talking about buffering, just having the larger lots is a buffering in itself.

Commissioner Zembower asked staff to talk to them about straight zoning, green space, open space, etc. as compared to what staff is supporting and what is proposed here today, so they can clearly understand what that looks like. Ms. Giles stated under the traditional zoning, they do not require any open space and they do not require any buffering. The developer would have to provide an area for stormwater. Under a PD, they can request many different conditions, but open space is one that is required by the Land Development Code as well as buffering.

Chairman Dallari asked if it is correct that when they do straight zoning, everything is compatible because it is all equal in R-1AA, which is why there are no additional buffers, and Ms. Giles responded yes and stated you have a minimum lot size that you cannot vary from.

Commissioner Herr questioned if they switched to straight zoning versus the proposed PD, whether they could get more lots in there. Ms. Giles explained that in their calculation, they could not figure out how any more lots could come into play. They were looking at the 25-lot request at the time, but they have not done the calculation for R-1AA with the 23 lots shown on the concept plan. Commissioner Herr said she is a little stuck on the common-sense approach here because with the buffers, they were at 11,700 square feet with no extra green space, and some of those lots were bigger. And now they are talking about straight zoning and then possibly having two straight shots with the roads, Sheppard and Oakhurst.

Rebecca Hammock, Development Services Director, addressed the Board to advise if the property were to rezone to straight zoning, they would likely lose lots. However, they would not be required to provide the buffers or the minimum open space. They would still have the retention pond which could be used as an amenity in either scenario. But through the Development Order, they would not be able to have the right-of-way dedication for the roadway to the north.

Commissioner Lockhart noted then they would not have a solution for the road; that goes away. There is a solution with the PD, however. So how does the motion that is on the table address the issue with the road. Commissioner Constantine noted that it does not, but he does not know where the PD was solving that issue either. Ms. Hammock commented that one of the conditions in the Development Order is the dedication of that right-of-way to the north. The other issue is, with the Development Order, they can waive certain requirements to bring the roadway up to county standards. She would defer to Mr. Jreij as to whether they could do that through the straight zoning or whether it would have to strictly adhere to the Engineering Manual. Mr. Jreij pointed out that in the Land Development Code, anytime you have development, you have to have access with a road that meets county standards.

Commissioner Herr expressed she cannot support the motion not knowing what the outcome of the motion is.

Districts 1 and 3 voted AYE.

Districts 2, 4 and 5 voted NAY.

Motion fails 3 to 2.

Commissioner Constantine stated he does not see concessions with the PD zoning; he just sees an opportunity for more lots.

Motion by Commissioner Constantine to limit the number of units to 19 under a PD. There was no second to the motion.

Commissioner Herr questioned what mathematical calculation that was based upon.

A five-minute break was taken at this time.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to adopt Ordinance #2021-48 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Master Development Plan and Development Order for 9.42 acres, located approximately one-fourth mile west of the intersection of Virginia Avenue and Sheppard Street, with a maximum of 22 lots; Green Slate Land Development, Applicant.

Commissioner Zembower asked the motioner to entertain a friendly amendment that all parties including county staff work with the community to vacate the Raymond Avenue right-of-way as they can and bring that back to the Board separate and apart. Commissioner Constantine said he does not think they can do that; and Mr. Chipok confirmed that they cannot.

Chairman Dallari clarified with the PD, Commissioner Constantine is also requiring all the buffers and the free space per the agenda memorandum. Commissioner Zembower withdrew his request for a friendly amendment.

Chairman Dallari asked Ms. Giles to clarify what the motion of going with a PD includes. Ms. Giles stated they would have a maximum of 22 units; everything else proposed in the PD stays, including the proposed lot size for external and internal remains the same. Mr. Chipok responded to Chairman Dallari stating in the D.O., it does have the minimum interior lot size and the minimum exterior lot size, so at 22 units, if there is available space, some of those lots would get larger. The motioner and seconder agreed.

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

PUBLIC HEARINGS – LEGISLATIVE (CONTINUED)

Agenda Item #52 – 2021-3082

Brownfield Designation

1980 Cameron Avenue, Sanford

Gui Cunha, Administrator, Office of Economic Development and Tourism, addressed the Board to present the request as outlined in the agenda memorandum and noted staff recommends adoption of the Resolution.

Michael Sznapstajler, Cobb Cole on behalf of JCMJ, LLC and All Terrain Tractor Service, addressed the Board and displayed a slide presentation (received and filed). He thanked county staff and noted this is the second of two required public hearings and they do meet all the statutory criteria for a Brownfield designation. He added the Florida Department of Environmental Protection has approved their draft Brownfield cleanup agreement, so if the Board approves this, they will be able to sign the Brownfield Site Rehabilitation Agreement, and the site can enter the program and they can start the cleanup with FDEP.

With regard to public participation, Oliver Welscher, Meriwether Farms, spoke in support via telephone on behalf of Meriwether Farms and the Midway Coalition; no one else spoke in support or opposition, and public input was closed.

Motion by Commissioner Herr, seconded by Chairman Constantine, to adopt appropriate Resolution #2021-R-175 designating 1980 Cameron Avenue, Sanford, Florida, as a Brownfield Designation for the purpose of environmental rehabilitation and economic development; as described in the proof of publication.

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

Agenda Item #53 – 2021-3099

Former Deer Run Golf Course

Property Stabilization MSBU

Lorie Bailey Brown, CFO and Resource Management Director, addressed the Board and stated this request is for Board consideration to adopt an Ordinance creating a Municipal Services Benefit Unit (MSBU) Assessment District to provide funding for Seminole County Deer Run former golf course property stabilization. She stated they have provided the Board, Clerk and County Attorney’s Office with a revision to Section 6 of the Ordinance (received and filed) addressing Common Element Land. Properties that may be deemed Common Element Land were treated consistent with residential properties using the rates in Category A and B based on proximity to the former golf course and not allocated pro rata. The request for establishing this MSBU was initiated by a Seminole County initiative gauging interest from the community and acquiring the former golf course.

Ms. Bailey Brown advised the creation of this MSBU includes approval of essential public property stabilization services that will be conducted as directed by the County and funded through capital assessments levied against specially benefited properties. Property stabilization services are identified as initial activities to be completed at an estimated cost of $2.31 million. The Fund’s advance will be repaid via one-time capital assessment levy that provides a 15-year repayment period with installment payments collected by the Seminole County Tax Collector via annual property tax bills potentially estimated for the tax year 2023. The agenda memorandum indicates 2022; however, final assessment is not expected to be ready for the 2022 tax bill.

Commissioner Zembower wanted to address, for the public record, that on this 15-year plan of this annual assessment of the MSBU, a property owner can if they desire pay the full amount right out of the box and not be assessed for 15 years. They also, by example, may live in the house and occupy the property for two years, sell it and they would no longer owe that and the new property owner would pick up that assessment.

Chairman Dallari remarked he was at the City of Cassselberry’s meeting last night and it passed unanimously. They will hear it twice, so they will hear it again in February for final adoption. They were very complimentary and he thanked the City for working with staff.

With regard to public participation, Dr. Deborah Bauer, president of Save Deer Run Citizens Action Group, addressed the Board and mentioned that Sandra Solomon who requested to speak had to leave for a City of Casselberry work session but wanted her to convey that she is in support of approval. Dr. Bauer stated she thinks Deer Run can be an example of what can happen when citizens have an issue, a threat to their community, and they want to work in partnership with municipal government. She thanked the Commission, county staff and everyone involved and submitted nine letters in support of the MSBU on behalf of residents and HOA presidents (received and filed). Robert Wester spoke in opposition because he had an issue with the timing of the voting ballots and does not want to pay for a park that will be open to everyone else. Public Speaker Forms were received and filed. Written Comment Forms from Allen A. Sutton and Bob Mungovan, Deer Run HOA, in support were also received and filed. No one else spoke in support or opposition, and public input was closed. Chairman Dallari explained that the item had been continued to obtain additional information, but if someone did not vote, it was counted as a no vote.

Ms. Bailey Brown noted that of the 2,273 properties that they sent out notices to, 1,529 responded in favor and there were 101 votes against the initiative. Chairman Dallari complimented staff saying it was well done.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute an Ordinance #2021-49 creating the Seminole County former Deer Run Golf Course community property stabilization Municipal Services Benefit Unit (MSBU); the preliminary capital assessment roll for MSBU services; and the Interlocal Agreement with the City of Casselberry; as described in the proof of publication.

Commissioner Zembower remarked it was the community of Deer Run that came to the County and requested this initiative, and there were many community meetings. They became aware that for whatever reason, the Post Office did not deliver ballots in a timely fashion which is why it was extended. He appreciates everyone that worked on this for three years and he thanked the citizens for bringing it to them.

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

Agenda Item #54 – 2021-3093

Natural Lands Ordinance

Rick Durr, Leisure Services Director, addressed the Board and presented the request as outlined in the agenda memorandum.

With regard to public participation, no one spoke in support or opposition, and public input was closed. Katrina Shadix, Cindy Haller and Nancy Harmon submitted Written Comment Forms in support (received and filed).

Motion by Commissioner Constantine, seconded by Commissioner Herr, to adopt Ordinance #2021-50 amending Part 3, Natural Lands, of Chapter 190, Parks and Recreation, of the Seminole County Code; as described in the proof of publication.

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

COUNTY ATTORNEY’S REPORT

Chairman Dallari indicated he had asked Bryant Applegate, County Attorney, to look at BCC’s operating procedures. He distributed “Operating Policies & Procedures of the Seminole County Board of County Commissioners” (received and filed).

Mr. Applegate shared in meeting with the Chair, there was a discussion about the annual reorganization meeting. The new wording in Section 1.45 is, “The Board shall hold a Reorganization Meeting each year at the conclusion of the regular meeting of the Board….” That clarifies the time that it should occur. The last sentence has been added, “The newly elected Chairman and Vice Chairman shall take over their duties upon the conclusion of the Reorganization Meeting.” Secondly, in regard to Section 2.35, the suggestion is to have regular meetings on the second and fourth Tuesday, so the working of that sentence is, “Unless otherwise noticed, the Board shall hold regular business meetings on the second and fourth Tuesdays of each month commencing at 9:30 a.m.” Then under section 2.40, Work Session Meetings, they eliminated “second Tuesday” and the wording now reads in subsection A, “Unless otherwise noticed, work session meetings shall generally occur on the third Thursday of the month, commencing at 9:30 a.m.”

Commissioner Herr opined that adding an additional full day of work sessions moves them squarely out of governing and into managing. She thinks they will, as government officials, feel compelled to fill the day and have absolutely no reason to rein it back in. Chairman Dallari stated they can remove it because it is just a suggestion. Commissioner Lockhart said in the same vein, she would suggest language that says, “Work session meetings shall be called as needed with proper public notification.” Commissioner Zembower agreed with Commissioners Herr and Lockhart on both points. He reminded they talked about this originally; they talked about them being on a Tuesday. Mr. Applegate stated they will leave it as is which states, “Unless otherwise noticed, work session meetings shall generally occur…”

Motion by Commissioner Zembower, seconded by Commissioner Constantine to approve the language changes to the BCC Policies and Procedures Manual, as presented, in Section 1.45, Reorganization of the Board of County Commissioners, and Section 2.35, Regular Meetings, with the exception of any change in Section 2.40, Work Session Meetings.

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

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

Upon inquiry by Mr. Applegate, Commissioner Lockhart thought it should state something like, “Work sessions will occur as necessary when there is concurrence among the Board with proper public notification.” Mr. Applegate stated he will work up that language and bring it back at the next meeting.

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Chairman Dallari asked Mr. Applegate if they need to do anything more to discontinue the Zoom meetings.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to discontinue using Communications Media Technology (Zoom) during BCC meetings, effective January 11, 2022.

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

COUNTY MANAGER’S REPORT

No report.

FUTURE AGENDA ITEMS

None.

PUBLIC COMMENT ON ITEMS NOT RELATED TO THE AGENDA

Richard Creedon displayed an artist’s rendering, Preliminary Proposed Yarborough Ranch Development (received and filed) and addressed the Board to speak as vice president on behalf of the Geneva Citizens Association about the potential development of the Yarborough Ranch property. He stated they have a unique opportunity to save a natural jewel from destruction by the building of a de facto city smack dab in the heart of the rural area that they worked so hard to preserve for the last 30 years. They believe the highest and best use of this property is to have it remain as undeveloped natural land. He opined they should buy the land and its development rights using any creative combination of state, county and private funding. Speaker Comment Form received and filed.

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Mitchel Killinger addressed the Board to advise that he recently purchased property on Michigan Street in Sanford. He is new to the area and is starting a construction business here. He recently applied for an owner/builder permit, which is permitted under Florida Statutes for the owner of the property. He has been married for 14 years and for a variety of reasons, the deed is in his wife’s name only. He said based on advice from Deputy County Attorney Paul Chipok, the Building Department said they could deny a permit to the spouse of a deedholder because they are not the owner. The statute does not require the person to hold the deed and he has legal title to the property as he is married. Two different Florida Statutes and the Florida Constitution guarantee his ownership interest in the property based on his marriage. He does not understand the compelling public interest of trying to basically make it that his wife has to sell him his own house back to him just so he can go pull an electrical permit. Now she has to fly down from Wisconsin just to sign a piece of paper and fly right back. He opined this seems like the definition of bureaucracy. Speaker Comment Form received and filed.

Commissioner Zembower stated this has been given to the County Attorney for interpretation, and staff in Building has interpreted it as well, and he will respect their County Attorney’s direction on this matter. They are not able to issue permits to people who are not registered deed owners of the property.

Commissioner Lockhart commented they are now having Zoom meetings where people can give public comment and testimony virtually from anywhere in this country, so why can they not let Mr. Killinger’s wife sign the document and send it here. This is in Commissioner Zembower’s district, but if it were in her district, she would be asking the same question. She is hoping there is a process that will help alleviate this.

Mr. Applegate explained this came to his attention yesterday via email and he talked with Mr. Chipok briefly about it. The case law is very clear; the owner of property is the owner of record, and his wife is the only one on the deed. This is not for a contractor to come in and do the work; it is Mr. Killinger doing the work. This is not a repair to an existing home. This is where they will be hiring subcontractors and that kind of thing, and in their opinion, the statute is pretty clear that when they act as their own contractor, it has to be the owner of the property to get the permit. He stated he will look into whether or not there can be an authorization to see if they can work something out. Commissioner Herr remarked that you can close on real estate remotely.

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Clyde H. “Robbie” Robertson, Jr., addressed the Board stating they have been turned back on permits recently. He distributed a case law study (received and filed) and stated they have a family propane business and have been here since 1947. He has been a master qualifier since 1986 and has served on every national government committee he could serve on in the 80s and 90s. He has been president of the Florida Propane Gas Association in 2018 and 2019. He is on the Florida Propane Foundation that oversees how they give money out to the people that want to use propane. He serves on the Florida Propane Education and Research Council, which he is very active on. They have trained over 14,600 firefighters to handle propane in the state of Florida.

Mr. Robertson stated he has a problem with the Fire Marshall in Seminole County not interpreting the law and not following the manuals they go by that he helped write along with his father in not giving them a final permit. For some reason in 2020, he does not know if the Board did it or the Building Department asked for it, but the Building Department was always reviewing their permit application and either denying or approving it. They came out and approved the work and gave them a final. Now the Fire Marshall comes out if it is a container and it is underground to make sure that the engineer has done it right and that they have done it right. They are failing him because they do not understand a buildable property line. He said he went to Zoning and checked on both that they had condemned, and they actually tarnished his record as a propone master qualifier by saying things like they disapprove this with penalties. So now his customer believes that he does not know his job and he does not know safety. They have a great record to back up that they are a very safe company.

Mr. Robertson explained if you have zoned a neighborhood and you have 10-foot setbacks from your property line, that is where you can build, and that is why the code states that you can bury a propane tank 10 feet from a buildable property line. The reason is that propane is a little heavier than air, so you want to have your tank buried 10 feet from the foundation of the home in case something would happen, plain and simple. Speaker Comment Form received and filed.

Commissioner Zembower questioned whether they can ask the Fire Chief to work with legal counsel and Building and Zoning to figure this all out. Mr. Applegate indicated he would be happy to talk with Mr. Robertson tomorrow and he will get someone working on that.

Commissioner Herr stated this issue has been worked by her office and multiple people within the organization, so she will forward the correspondence that they have to the County Attorney, so Mr. Robertson will not be starting from scratch with Mr. Applegate.

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Joe Humphreys addressed the Board and stated that from 2001 to 2021, Seminole County has seen an increase of 27,806 new single-family homes according to the Property Appraiser. In that same two decades, they have seen a 54% increase in apartments and condominiums for another 26,000. That ends up being 67,800. If you take the statistics from the census, there is, on average, three people per household in Seminole County. That works out to be over 200,000 people in the last 20 years. He noted what they have in the next 20 years is anybody’s guess, but it is not going to be fewer. He requests that they establish a master plan for park acquisitions and opined they need clarity, which is one of the reasons they have a lot of these long, drawn-out debates because they do not have clarity. They are running out of land and he thinks they should make a specific plan and suggested they start with the Parks and Preservation Committee as a possible place to begin that process. He is also looking into Citizen Advisory Councils and said they have been around since the 1970s. Speaker Comment Form received and filed.

DISTRICT REPORTS

District 3

Commissioner Constantine reported on November 12^th, the Wekiva River Basin Commission met. They had a presentation from FDOT about the underpasses for wildlife. They showed a number of different options, and he feels confident that will come to a good conclusion.

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On December 9^th at the Central Florida Expressway Authority along with Chairman Dallari, Commissioner Constantine said he was able to get approval of the direct connect. They now have that in the Five-Year Plan and it is moving forward.

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Commissioner Constantine will be at the Altamonte Hilton on December 20^th to present the final checks of almost $400,000 from Charity Challenge.

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Motion by Commissioner Constantine, seconded by Commissioner Zembower, to reappoint Marianne King to the Animal Control Board; James Depoy and Daniel Priest to the Contractor Examiner Board; and Andrea Fleming to the Parks & Preservation Advisory Committee.

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

District 5

Commissioner Herr mentioned it is hard to hear staff and the public when they are at the podium and she would like the microphone fixed.

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Motion by Commissioner Herr, seconded by Commissioner Lockhart, to reappoint Gayle Hair to the Animal Control Board for a one-year term; Ashlee Woodard to the Parks and Preservation Advisory Committee for a three-year term ending in 2024; and Bobby Von Herbulis to the Contractor Examiner Board for a one-year term.

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

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Commissioner Herr said she wanted to give a huge thank you to Mayor Megan Sladek, City of Oviedo, who made a fairly large personal donation to Rescue Outreach Mission. She added if anyone is running for office and has remaining campaign funds and wants to make a donation, ROM is a certainly a worthy recipient. They had the new executive director run her first meeting this week and provide an executive director report, and she did a phenomenal job.

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Commissioner Herr reported they are now tuned up to send out a Bear Aware postcard created by staff. The Property Appraiser’s Office will run a report of home sales with GIS overlay. They will run this monthly for both the UBMA (Urban Bear Management Area) and the City of Oviedo. The annual anticipated cost is about $1,200 with minimal staff time.

District 2

Motion by Commissioner Zembower, seconded by Commissioner Herr, to reappoint Reid Hilliard to the Parks & Preservation Advisory Committee for a three-year term; Bryan Wilson to the Animal Control Board for a one-year term; Dr. Gerardo Vizcarindo to the Animal Control Board for a one-year term, Jim Hattaway to the Board of Adjustment for a four-year term; Kathryn Townsend to the Historical Commission for a two-year term; Jeannine Ellenson to the Library Advisory Board for a two-year term; Lamar Stokes to the Contractor Examiner Board for a one-year term; Michael Fratrik to the Contractor Examiner Board for a one-year term; and Susan Sherman to the Seminole County Port Authority (SCOPA) for a four-year term.

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

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Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to replace Mike Bass with Robert Young on the Code Enforcement Board for a three-year term; and approve appropriate Resolution #2019-R-181 in appreciation of Mike Bass for his service on that board.

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

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Commissioner Zembower announced Light Up Geneva will take place on December 19^th. It is a driving tour to view all the Christmas lights in the Geneva area.

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Commissioner Zembower reminded about the Lake Jesup Innovation Algae Harvesting event next week. He will be going out on the barge and watching the algae being farmed from the lake. The pilot project is a $1.65 million project grant through FDEP to remove harmful algae bloom.

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In regard to issues going on at the Central Florida Zoo, Commissioner Zembower advised he is working with the County Attorney on their contractual agreement with the lease as it pertains to the insurance. There are some unknowns that are going on with their ARPA (American Rescue Plan Act) money, so they may be endeavoring upon an audit of those ARPA monies to ensure they have been properly allocated. His initial impression is it is perhaps just some misunderstandings of really understanding what needs to happen. So, he working with the County Attorney’s Office on that and as they work their way down through that and have more information, that will come back to the Board. The existing Board of Directors has set up their own investigation. They have set up a task force to do the investigation on several things that are going on there, and once that has been completed, he will be happy to report back to the Board as to what those results are.

District 4

Commissioner Lockhart stated Erik DuCharme is the general manager of the new Top Golf facility in Lake Mary. He is originally from Seminole County and graduated from Seminole State and UCF, and he is very energetic and will be a wonderful addition to the Tourism Development Council as the representative of an attraction, which needs to be an organization that does not collect the Tourist Development Tax and they must be a non-elected official. His term will commence in January.

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to appoint Erik DuCharme to the Tourism Development Council for a four-year term ending in December of 2025.

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

Commissioner Constantine mentioned that position had been held by Mary Sue Weinaug from Wekiva Island.

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve the Chairman sending a letter of appreciation to Mary Sue Weinaug for her service on the Tourism Development Council.

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

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Commissioner Lockhart noted she talked briefly this morning about the joint work session with Seminole State and Seminole County Public Schools. She is bringing this to their attention because it really is an amazing function they have in this community to have those two organizations meet annually. And while the Board often has work sessions with the School Board, she thinks it would be interesting for them to consider having some type of more intentional dialogue with Seminole State College. They do so many things with them, whether it is the Small Business Development Center, incubators, etc.; they have so much going on and she just wants to throw that out there as an opportunity to consider as they plan the calendar to have a joint work session with Seminole State, and maybe even combining all three at once.

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Commissioner Lockhart reported they held the Rosenwald community meeting last night in East Altamonte that this Board had directed David Nelson from Renaissance Planning to have, and she thanked all staff that attended. She said there was a lot of good dialogue, and she knows that Mr. Nelson is going to come back and give a full presentation on the results. There were three exercises that were done; one was a survey on the community’s opinions about the walkability of the neighborhood and how they navigate to the Rosenwald without having to get in a car and drive. She described the other exercise and reported that many of the things they thought community members would think were really important, were not. She does not know if that was a function of who was attending the meeting, but they will maybe try to do some other work to glean different age groups or different members of the community that were perhaps unable to be there last night. She did have several people say they did an amazing job with communication making sure the community knew about it.

Commissioner Lockhart noted the one thing that is not related to the Rosenwald project itself but is more of a general concern of the community is there is some disagreement among the community members of how they are referring to the community itself. Some want to be referred to as East Altamonte and some want to be referred, parts of it, as Winwood. When a piece of paper was distributed to the community that had the name Winwood on it, it created a little bit of a tangent in the meeting because that became the topic of discussion for a bit. The East Altamonte area is comprised of many small subdivisions that were platted over time, and Winwood is the one that has the park and the one where the Boys and Girls Club is located. So, they call it Winwood Park, but Granada South and Orange Estates, for example, do not want to be called Winwood because they are not Winwood. They are East Altamonte, but some of the folks in Winwood do not want to be called East Altamonte because of some very old historic bad blood with Altamonte. Someone even said they want to be East of Altamonte. She said her response to them was that they would agree when the community can all agree. She promised she would bring to the Board and the County Manager this concern, and they want to know how they are going to handle addressing this community in the future. She needs to somehow respond with what a process might be.

Commissioner Zembower said he is not sure he is following all of this, and Chairman Dallari explained they want branding of their community. Commissioners Zembower and Herr opined they could say the same thing in their districts. Chairman Dallari directed the County Manager and County Attorney to give it some thought and bring it back to them.

Commissioner Lockhart reported that another thing that was brought up is from their new Fire Station essentially to Lyman High School, the lighting on SR427 is very dark and there are some safety concerns. They talked to the Sheriff’s Office and that is an area where she does not know whether they can look at that and see if it is somehow different from other areas of that stretch of road. She told them she would bring that issue up also.

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Commissioner Lockhart said they talked about Zoom meetings and since they are stopping that with the BCC meetings, the DRC (Development Review Committee) still has a notification that says they are meeting via Zoom due to social distancing requirements, and she does not know if they just want to be helpful to people and allow them just to participate by Zoom, but they might want to have staff look at that as well, just to be consistent.

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Commissioner Lockhart advised in regard to the contractors’ licensing board, there was a little confusion over the course of the last couple of weeks about whose appointments were whose and through that confusion, she had the opportunity to talk with the HVAC representative, Mark Wesson. She spoke with him and another board member that was a reappointment tonight, Mr. Von Herbulis, and they both brought to her attention that if there is no need for them to meet, they do not ever meet, and there has not been a need for them to meet for many years. They both thought that there were some things they would like to give input on as a board, but since they are never called to meet, they do not get that opportunity to discuss things and bring things to their attention.

Commissioner Lockhart asked if there is a requirement that a board meet at least once a year. Commissioner Zembower stated most of them typically have a minimum requirement, but Commissioner Constantine advised that this board is on an as-needed basis. Commissioner Lockhart said she thinks some of those members might think something is needed and maybe the person who is responsible for calling the meeting does not think that it is needed, and it never gets called. Commissioner Herr noted it depends on whether what they want to meet about is under the purview of that board. Commissioner Lockhart added one of the members was actually asking to have himself brought before the board.

Chairman Dallari suggested they have the County Manager talk to the staff person that is related to that board and report back. Joe Abel, Interim County Manager, noted that was going to be his recommendation. He said he met last week with Bobby Von Herbulis, and he has another meeting set up to have these conversations, but he can circle back with staff to see what the responsibility is of that board. Commissioner Lockhart indicated she has heard that from other boards as well. As she is making these appointments and talking to members of these boards, some are saying they really want to serve and are excited to be a part of what Seminole County is doing, but they are not getting a chance to meet, and the pandemic has been used as the reason for quite some time maybe for not pulling people together. Mr. Abel said most of the advisory committees have an Administrative Code that outlines when they should meet and the frequency of meetings. He added that Rick Durr, Leisure Services Director, had some trouble with that due to the pandemic, but they were also having trouble getting a quorum. He will have a conversation with staff on trying to be more active in that. Commissioner Zembower explained when he was Chairman, they reached out to the boards to understand what the ground rules were, the bylaws, and his office has all that he could gather and he would be happy to share that.

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Commissioner Lockhart opined she loves having someone at the meetings to help navigate (County Manager’s Office Executive Services Coordinator), but she feels bad that her back is to the room. She thought they could have her sit where she can see people walking up to her to hand her a piece of paper and then have her speak the name into the microphone. Mr. Abel stated they could move her to the table near the County Manager’s seat.

District 1

Chairman Dallari stated he had several resolutions of appreciation, appointments, and reappointments to make.

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve appropriate Resolution #2021-R-179 in appreciation of Ed Ghiglieri for serving on the Parks & Preservation Advisory Committee; Resolution #2021-R-176 in appreciation of Bill Young for serving on the Contractor Examiner Board; Resolution #2021-R-178 in appreciation of Brenda Urias for serving on the Tourism Development Council; and Resolution #2021-R-177 in appreciation of Anne West for serving on the Library Advisory Board; the reappointment of John McGrath to the Animal Control Board; Mark Wesson and Heather McCandles to the Contractor Examiner Board; Jane Hames to the Code Enforcement Board; Eunice Mann to the Historical Commission; and Anne West to the Library Advisory Board; and the appointment of Davion Hampton to the Parks & Preservation Advisory Committee; and Bruce Skwarlo to the Tourism Development Council.

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

CHAIRMAN’S REPORT

Chairman Dallari advised they need to make some at-large reappointments that have been recommended by staff.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the reappointment of John Monk to the Animal Control Board; and Mark Reyes and Thom Greene to the Law Library Board of Trustees.

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

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Chairman Dallari announced he was at the November 16^th Job Fair for the Roads and Stormwater Division, and congratulated everyone involved. He was amazed at the amount of people that showed up. They hopefully got some great candidates. It was mentioned that they had ten candidates.

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Chairman Dallari reported he went to the Lake Jesup cleanup and was there with Kim Ornberg, Roads and Stormwater. He said he went out to the barge, and then showed examples of the water before and after cleanup. He thanked everyone associated with that from the St. Johns River Water Management District (SJRWMD) who are doing part of that cleanup.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve sending a Resolution in support of the St. Johns River Water Management District in connection with the cleanup of Lake Jesup.

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

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Chairman Dallari explained that on the committee assignments, he grouped the regional boards that were outside the county and the non-regional boards inside the county. The top spreadsheet lists the Chairman’s appointments and the bottom spreadsheet shows the Board appointments (received and filed). He advised he tried to divide them up by districts so there would be even representation.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve the Chairman’s recommendations in connection with the Seminole County BCC Liaison Appointments and Board Appointments for 2022.

Commissioner Lockhart said she had brought up an issue the last two years about the Alliance for Regional Transportation. That committee does not include elected officials. She has been appointed to it year after year and it should not be on the list. She talked to the chairman of the Alliance for Regional Transportation who is Michelle Chandler and was told they do not have elected officials on that board. Mr. Applegate noted he would look into the issue and report back to the Board.

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

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Chairman Dallari expressed, over the last year, there has been a lot of hard work from the residents and from the employees, both on the County Manager’s side and the County Attorney’s side. They have all done a phenomenal job. He opined this is the time of year that is important they spend as much time with their families as possible. It is at these times it is important to reflect on what is important to them. He thanked everyone and wished everyone happy holidays.

COMMUNICATIONS AND/OR REPORTS

1. Letter dated November 17, 2021 to Chairman Constantine from James Stansbury, Chief, Florida Department of Economic Opportunity RE: Seminole County proposed Comp Plan Amendment No. 21-04ESR received on Oct 22, 2021. Enclosures, procedures for adoption C: Rebecca Hammock; Hugh Harling, Jr., ECFRPC.

2. Letter to Chairman Dallari dated Oct 13, 2021, received November 19, 2021, from Sue Harlan, Program Director, Property Tax Oversight RE: Truth in Millage (TRIM).

3. Letter to Chairman Constantine dated December 2, 2021 from Douglas Woodlief, Division Director, Emergency Preparedness & Community Support, RE: awarding EMS Count Grand ID Code C0057 to the Emergency Medical Services $58,188.00. C: Samuel Thurmond, Assistant Chief.

4. COPY of Notice of Community Meeting for Subject Property, “Seminole Landing” 4820 N. Ronald Reagan Blvd. Meeting location Seminole County Public Library on December 20, 2021, from 6:00pm – 7:00pm EST. Applicant, Steven Ratcliff, Ratcliff Properties.

5. Memo to BCC, Recording Secretary, dated Dec 3, 2021, from Heather Barns SJWMD, RE: 2022 Governing Board Meeting Schedule

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:20 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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