BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
April 27, 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, April 27, 2021, in Room 1028 of the Seminole County Services Building at Sanford, Florida, the usual place of meeting of said Board.
Chairman Lee Constantine (District 3)
Vice Chairman Amy Lockhart (District 4)
Commissioner Robert Dallari (District 1)
Commissioner Jay Zembower (District 2)
Commissioner Andria Herr (District 5)
County Manager Nicole Guillet
Deputy County Attorney Paul Chipok
Clerk of Court and Comptroller Grant Maloy
Deputy Clerks Kyla Farrell and Terri Porter
County Attorney Bryant Applegate
Deputy Clerk Chariti Colón
Jocelyn Williamson, Central Florida Freethought Community, Oviedo, gave the invocation. Don Epps, citizen, led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2021-2650
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt a Proclamation recognizing posthumously Captain Rocky Harrelson, United States Air Force, as Seminole County's April Veteran of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #2 – 2021-2651
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming May 2 – 8 as National Travel and Tourism Week in Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #3 – 2021-2659
J.R. Kroll, Seminole County Tax Collector, addressed the Board and reviewed a presentation entitled Building Purchase Proposal (received and filed). Mr. Kroll read into the record a list of concerns and questions from citizens and responded to each of them. He then answered questions from the Board. The Board thanked Mr. Kroll for presenting this information to the County and noted they look forward to a good relationship with the new administration. County Manager Nicole Guillet confirmed with Mr. Kroll that his purchase of a new building will not affect his excess funds return to the County of $700,000. Mr. Kroll noted he plans to give back $700,000 but is trying to make the return a total of $1M.
Agenda Item #4 – 2021-2653
Grant Maloy, Clerk of the Circuit Court and Comptroller, and Dan O’Keefe, Audit Partner, addressed the Board and presented the Annual Comprehensive Financial Report (CAFR) (received and filed) for the fiscal year ended September 30, 2020.
Commissioner Dallari stated annually they talk about how they stack up with other communities, either cities or counties; and he asked if Mr. O’Keefe could provide that information to the Board at a later date. Mr. O’Keefe answered he would be happy to do that and explained there are several counties that decided to ask for an extension, and some of the ones that he likes to compare this county to are still not done. Chairman Constantine stated one of the things Mr. O’Keefe has done in the past is show the general revenue as far as percentages of reserves with some of the other counties in the surrounding area, and he understands they are well above many of those counties; but he hasn’t ever seen it on the enterprise funds and the other funds. The Chairman asked Mr. O’Keefe if he could provide that, and Mr. O’Keefe replied he could. Mr. O’Keefe added they will see again that they are still much higher than a lot of the other counties. Commissioner Dallari asked if he’s going to do that, could he also provide their bond ratings; and Mr. O’Keefe answered he could get that information. Commissioner Lockhart stated some of the surrounding counties that they compare themselves to hold their reserves differently in some cases, and they don’t show in the overall big bucket. She asked if Mr. O’Keefe could notate that because she wants to be sure they are comparing apples to apples. Mr. O’Keefe explained he kind of ignores the budget side when he’s talking about reserves. He looks at the actuals and looks at where the results are at the end of the fiscal year, and that gives them an accurate comparison between the entities. He stated Commissioner Lockhart is right in that different entities budget reserves very differently, and that can cause them to get tied up in the whole budgetary process; so he doesn’t worry about the budget, he looks at the actuals: What are the actual results, where do they stand at the end of the fiscal year, and how do they stack up to other governments. That is a fair comparison. Commissioner Herr thanked Clerk staff and County staff for a job well done, and Chairman Constantine echoed her comments and added the County’s relationship with the Clerk is wonderful and he appreciates it. Clerk Maloy stated they have had a lot of good cooperation on projects and it’s good to have different entities working together.
Ms. Guillet announced Agenda Item #22, Amendment #5 to M-463-04/AJR - Deferred Compensation Services Agreement with Nationwide Retirement Solutions (NRS), has been pulled from the agenda so staff can do some more work on it. It will be brought back to the Board for consideration at a later date.
With regard to public participation, Judith Smith, Councilmember from the City of Oviedo, spoke in support of Agenda Item #19, Grant Agreement with the State of Florida Department of Environmental Protection (DEP) in acceptance of $350,000 for the Lake Jesup Shoreline Restoration project; and Grey Wilson, Friends of the Wekiva River, spoke in support of Agenda Items #19 and #17, Grant Agreement with the State of Florida Department of Environmental Protection (DEP) in acceptance of $92,500 for the Wekiva Springshed Well Monitoring and Nitrate Source Evaluation study. No one else spoke in support or opposition, and public input was closed.
Commissioner Zembower stated in regard to Agenda Item #19, he believes they need to also recognize St. Johns River Water Management District (SJRWMD) as well as the other groups that have all worked together with the County and are now communicating, which has not occurred in the past. Senator Simmons helped to bring more awareness to the legislature, and it was in one of their requests this year; they will continue to make that request from his district and continue to work with their partners to hopefully find a solution to get Lake Jesup cleaned up.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve the following:
County Manager’s Office
5. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-53 recognizing Wayne Walker, Senior Herbicide Applicator, for 28 years of service to Seminole County government and its citizens. (2021-2654)
Office of Emergency Management
6. Approve and authorize the Chairman to execute the Memorandum of Agreement for the Urban Area Security Initiative (UASI) grant program between Seminole County and the Orange County Sheriff’s Office, Orange, Lake and Osceola Counties, and all other participating counties and cities, collectively known as the “Orlando/Orange Urban Area (O/OUA) Participants.” (2021-2655)
7. Approve and authorize the Chairman to execute a second quarter Sports Tourist Tax Funding Agreement with Perfect Game USA, Inc. in the amount of $171,612.15 for eleven (11) baseball events scheduled at Boombah Sports Complex May 14 - July 1, 2021, which are projected to generate 11,438 Seminole County hotel room nights and $8.4 million in economic impact. (2021-2665)
8. Approve and authorize the Chairman to execute the Tourist Development Tax Funding Agreement with Sanford Main Street, Inc., in the amount of $50,000 for the FY2020/21 funding allocation for marketing and advertising. (2021-2656)
9. Approve the participation in the 2020-2021 Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program (JAG-C) in which FDLE has allocated $112,827 for use by all units of government within Seminole County; authorize the Chairman to execute the Certificate of Participation naming Allison Thall as the coordinator for the countywide application(s); and authorize the Chairman to execute any supporting documentation that will be required for the application(s). (2021-2642)
10. Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of March 2021. (2021-2638)
Planning and Development
11. Approve the Dorna Minor Plat containing two (2) lots on 4.72 acres zoned A-1 (Agriculture), located on the north side of Brumley Road, approximately ½ mile west of Lake Mills Road. (2021-2603)
12. Authorize release of Maintenance Bond #41403183 (Streets, Curbs, and Storm Drains) in the amount of $3,020 for Iglesia Cristiana Hispana Expansion. (2021-2624)
13. Authorize release of Performance Bond #107152072 (Roads, Streets, Drainage) in the amount of $36,878.62 for Right-of-Way utilization of Lake Emma Road. (2021-2641)
14. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN) and Non-Exclusive Ambulance Franchise Agreement for National Health Transport, Inc. to become effective April 27, 2021. (2021-2660)
15. Adopt appropriate Resolution #2021-R-54 approving release of mineral rights and declare surplus of property owned by Seminole County directly adjacent to and westerly of Property Tax ID #26-19-30-5AE-4900-0000; and authorize the Chairman to execute a County Deed and a Contract for Sale and Purchase of land with Transit Properties, LLC, in the amount of $26,800. (2021-2643)
16. Approve and authorize the Chairman to execute the First Renewal to Lease Agreement with Florida Department of Health (DOH), Seminole County. (2021-2593)
17. Approve and authorize the Chairman to execute Grant Agreement #LPR0009 with the State of Florida Department of Environmental Protection (DEP) in acceptance of $92,500 for the Wekiva Springshed Well Monitoring and Nitrate Source Evaluation study; and to execute appropriate Resolution #2021-R-55 implementing the Budget Amendment Request (BAR) #21-050 through the Public Works Grant Fund in the amount of $92,500 to establish funding; and authorize the County Manager to execute all documents associated with the grant. (2021-2639)
18. Approve and authorize the Chairman to execute a Sub Award and Grant Agreement with the State of Florida, Division of Emergency Management in acceptance of $14,870 for the purchase of HAZMAT materials for the Fire Department; and to execute appropriate Resolution #2021-R-56 implementing the Budget Amendment Request (BAR) #21-051 through the Public Safety Grant Fund in the amount of $14,870 to establish funding; and authorize the County Manager to execute all documents associated with the grant. (2021-2636)
19. Approve and authorize the Chairman to execute Grant Agreement #LPA0125 with the State of Florida Department of Environmental Protection (DEP) in acceptance of $350,000 for the Lake Jesup Shoreline Restoration project; and to execute appropriate Resolution #2021-R-57 implementing the Budget Amendment Request (BAR) #21-052 through the Public Works Grant Fund in the amount of $350,000 to establish funding; and authorize the County Manager to execute all documents associated with the grant. (2021-2640)
20. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-58 implementing Budget Amendment Request (BAR) #21-053 in the amount of $250,000 to transfer funds from the Water & Sewer Operating Fund to the Water & Sewer Capital Fund to fund relocation of utilities on Slavia Rd. (2021-2666)
21. Adopt and authorize the Chairman to execute appropriate Resolution #2021-R-59 confirming the Non-Ad Valorem variable Rate Assessments for tax year 2021. (2021-2637)
Purchasing and Contracts
22. Pulled from the Agenda the request to approve Amendment #5 to M-463-04/AJR - Deferred Compensation Services agreement with Nationwide Retirement Solutions (NRS); and authorize the Purchasing and Contracts Division to execute the Amendment. (2021-2615)
23. Award CC-3438-20/TAD - Druid Hills Water Main Distribution Upgrades in the amount of $2,083,726 to Young's Communications, LLC of Melbourne; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-2564)
24. Award IFB-604051-20/CAR -Term Contract for Cleaning and Inspection of Ground Storage Tanks to In Depth Inc., Ormond Beach, with an estimated annual amount of $45,000; and authorize the Purchasing and Contracts Division to execute the Agreement. (2021-2601)
25. Approve Amendment #3 to M-2599-19/RTB - Architectural and Engineering Services for Seminole County Fire Station #11 with C.T. Hsu & Associates, P.A., Orlando, in the amount of $23,460.76; and authorize the Purchasing and Contracts Division to execute the Amendment. (2021-2617)
26. Award IFB-604070-21/LNF – Term Contract for Overhead Door Maintenance, Repair and Replacement Services to DH Pace Door Services, Orlando, with an estimated annual amount of $70,000; and authorize the Purchasing and Contracts Division to execute the Agreement. (2021-2607)
27. Award RFP-604065-21/LNF – Term Contract for Unmanned Aircraft System (UAS) Aerial Application Support to Leading Edge Aerial Technologies, Inc., New Smyrna Beach, with an annual estimated cost of $150,000; and authorize the Purchasing and Contracts Division to execute the Agreement. (2021-2608)
Under discussion, Commissioner Dallari stated in regard to Agenda Item #7, Sports Tourist Tax Funding Agreement with Perfect Game USA, Inc., in the amount of $171,612.15, they are approving those contracts quarterly, and he would like to see them approve them annually because he believes it will alleviate some work on staff. As to Agenda Item #25, Amendment #3 to M-2599-19/RTB - Architectural and Engineering Services for Seminole County Fire Station #11 with C.T. Hsu & Associates, P.A., he fully supports the item; but it would be nice to have staff go back through to see if there’s anything that’s COVID related that could cause this project to be late or have additional costs and to see if there’s any COVID money that could compensate for that.
Districts 1, 2, 3, 4, and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office - Item #28
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve Expenditure Approval Lists dated March 9, 16, 23, 30, and April 6, 2021; Payroll Approval Lists dated March 18 and April 1, 2021; and the BCC Official Minutes dated January 26, February 9 and 23, 2021. (2021-2648)
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk & Comptroller’s “Received and Filed” Documents
1. Executive Orders #2021-012, #2021-013, #2021-014, #2021-015, and #2021-016 Extending the Declared Local State of Emergency for COVID-19.
2. FPSC Orders #PSC-2021-0105-CO-EI issued March 17, 2021 and #PSC-2021-0111-CO-EI issued March 19, 2021.
3. Public Officer Oath for Andrew Van Gaale, Seminole County Industrial Development Authority (SCIDA).
4. Public Officer Oath for Bill Spivey, Seminole County Port Authority (SCOPA).
5. Memorandum dated March 15, 2021, from Paul H. Chipok, Deputy County Attorney for Development Services and Transportation, to the Seminole County BCC re: Possible terms of settlement in connection with the SunRail Transition between Central Florida Commuter Rail Commission, the five local government partners and FDOT.
6. Facilities Use Agreement for Use of the Salvation Army Buildings and/or Grounds in connection with COVID-19 vaccines.
7. Master Lease Agreement with the District Board of Trustees of Seminole State College of Florida for Use of College Property for Emergency Matters related to COVID-19.
8. Memorandum of Understanding with Central Florida Family Health Center, Inc. d/b/a True Health for Monoclonal Antibody Infusion Center.
9. CDBG Subrecipient Agreement for Program Year 2018/19 with Rescue Outreach Mission of Central Florida, Inc. (HVAC); as approved by the BCC on 7/23/2019 as part of the FY 2019-2020 One-Year Action Plan.
10. Substantial Amendment #3, 2015-2019 Consolidated Plan and 2019/20 Annual Action Plan; as approved by the BCC on 11/10/2020. (Funding Approval/Agreement - ESG Program – CARES Act Funding – HUD)
11. Fourth Amendment to FY 2019/20 One-Year Action Plan; as approved by the BCC on 3/9/2021. (Application for Federal Assistance SF-424, Specific CDBG Certifications, Assurances-Construction Programs)
12. Agreement for Services between Seminole County and Mark Geallis in connection with Rescue Outreach Mission of Central Florida, Inc.
13. Rider on Bond #105301711 in connection with Alafaya Substation Cell Tower; Name change from PT Attachment Solutions, LLC to Peaknet Services, LLC.
14. Cash Maintenance Bond (Water and Sewer Improvements) and Maintenance and Escrow Agreement in the amount of $551.14 for the project known as Legacy at Sunbranch, Legacy Village.
15. Maintenance Bond #SU1168625 (Private Road) in the amount of $65,195.04 for the project known as Landings at Hawk’s Crest f/k/a Hawk’s Crest, Phase 1 40’s.
16. Maintenance Bond #SUR0060736 (Private Road) in the amount of $128,941.56 for the project known as Hideaway Cove at Oviedo, Phase 3.
17. Performance Bond #K15395965 (Offsite Road Improvements) in the amount of $67,434.61 for the project known as Alta Cypress Right-of-Way.
18. Performance Bond #30122126 (Roads and Drainage) in the amount of $1,040,278.72 and Title Opinion for the project known as River Run Preserve.
19. Recording of Plats and Title Opinion for Spencer Estates.
20. Satisfaction of Mortgage Lien, Parcel #19-21-30-518-0000-0510, Waleska Castro.
21. Developer’s Commitment Agreement #20-20500029, Bartram’s Landing PD.
22. Addendum #1 to the Revised and Restated Development Order, and Addendum #1 to the Developer’s Commitment Agreement #21-20500006, Hideaway Cove, Phase 3.
23. Revised and Restated Development Order, Chick-Fil-A Tuskawilla PD f/k/a Lockridge PD Minor Amendment.
24. Minor Amendment to Development Order #21-20500010, Tesora Townhomes PD; Tesoro CL&C Homes, LLC.
25. Approval Development Order #21-30000004, 3250 Medina Court, Adnan Hameed.
26. Approval Development Orders #20-32000008, Kids Language Academy Preschool, LLC, Johan Torres Feliciano; #21-30000001, 987 Autumn Glen Lane, Carmelo and Shanna Foti; #21-30000003, 1414 Swinton Court, Jerry and Ashley Dongilli; #20-30000125, 4900 Gabriella Lane, Adrian Nguyen; and #21-30000002, 4355 Rocky Ridge Place, Armando and Mary DeJesus.
27. Bill of Sale accepting the water and wastewater systems for the project known as Legacy at Sunbranch.
28. Tourist Tax Funding Agreement with Florida Half-Century Amateur Softball Association, Inc. for March 60s Senior Softball Tournament.
29. Tourist Tax Funding Agreement with Florida Collegiate Summer League for High School Invitational.
30. Tourist Tax Funding Agreements (2) with USSSA Central Florida Fast Pitch, LLC for Elite Select dated March 6-7 and for Elite Select dated April 10-11.
31. Tourist Tax Funding Agreement with Florida High School Athletic Association, Inc. for 2021 FHSAA Tennis State Championships.
32. Tourist Tax Funding Agreements (3) with Perfect Game USA, Inc. for PG Florida Elite Championships, for PG 9U/11U/13U Florida Elite Championships, and for PG 13U & 14U Florida Showcase.
33. Parks Contract for Services with Burt Holloway, Stephan B. Dodd, Ricardo Nunez Bentz, Nina Woulfe, and Matthew Raines.
34. Parks Contract for Services (Natural Lands) with Francie Willow, and Tennis Developmental Instructor Agreement with Michael Mendez.
35. Associate Tennis Pro Agreement with Robyn Noel Suto.
36. Tennis Developmental Instructor Agreement with Matthew Raines.
37. Amdmt #6 to W.O. #40 to PS-0009-15 w/Inwood Consulting Engineers, Inc.
38. Amdmt #2 to W.O. #53 to PS-0009-15 w/CPH, Inc.
39. Amdmt #2 to W.O. #64 to PS-0009-15 w/Pegasus Engineering, Inc.
40. Amdmt #2 to W.O. #65 to PS-0009-15 w/CPH, Inc.
41. Amdmt #1 to W.O. #74 to PS-0009-15 w/Atkins North America, Inc.
42. Corrected W.O.s (vendor address) #2, #3, #4, #5, and #6 to PS-0201-15 w/Environmental Research & Design, Inc.
43. Amdmt #4 to W.O. #3 to PS-0426-15 w/Horizon Engineering Group, Inc.
44. Amdmt #5 to W.O. #3 to PS-0426-15 w/Horizon Engineering Group, Inc.
45. Closeout to W.O. #27 to CC-0559-15 w/Southland Construction, Inc.
46. Closeout to W.O. #31 to RFP-1294-17 w/Pat Lynch Construction, LLC.
47. Closeout to W.O. #33 to RFP-1294-17 w/M&J Enterprises International, Inc.
48. Amdmt #2 to W.O. #27 to PS-1320-17 w/Wood Environmental & Infrastructure Solutions, Inc.
49. W.O.s #30 and #31 to PS-1320-17 w/Southeastern Surveying and Mapping Corp.
50. C.O. #1 to W.O. #8 to CC-1391-17 w/Schuller Contractors, Inc.
51. Closeout to W.O. #11 to CC-1391-17 w/Ryan Fitzgerald Construction, Inc.
52. Notice to Proceed for W.O. #12 to CC-1391-17 w/Schuller Contractors, Inc.
53. W.O. #12 to CC-1391-17 w/Schuller Contractors, Inc.
54. Amdmt #5 to W.O. #2 to PS-1405-17 w/Johnson Mirmiran & Thompson, Inc.
55. Amdmt #1 to W.O. #2 to PS-1566-17 w/Carollo Engineers, Inc.
56. Amdmt #5 to W.O. #5 to PS-1709-18 w/CDM Smith, Inc.
57. W.O. #14 to PS-1709-18 w/CDM Smith, Inc.
58. W.O. #34 to PS-1822-18 w/AECOM Technical Services, Inc.
59. Amdmt #2 to W.O. #21 to PS-1832-18 w/CDM Smith, Inc.
60. Amdmt #1 to W.O. #34 to PS-1832-18 w/CDM Smith, Inc.
61. W.O. #49 to PS-1832-18 w/CDM Smith, Inc.
62. Third Amdmt to PS-2009-18 w/Jacobs Engineering Group, Inc.
63. Amdmt #2 to W.O. #1 to PS-2009-18 w/Jacobs Engineering Group, Inc.
64. Closeout to CC-2392-17 w/Southern Development & Construction, Inc.
65. Closeout to CC-2438-19 w/Black Street Enterprises, LLC d/b/a BSE Construction Group.
66. C.O. #13 to CC-2466-19 w/Morrissette Electric, Inc.
67. Amdmt #3 to W.O. #6 to PS-2468-19 w/CPH, Inc.
68. Amdmt #2 to W.O. #7 to PS-2468-19 w/GAI Consultants, Inc.
69. W.O. #9 to PS-2468-19 w/GAI Consultants, Inc.
70. Closeout to CC-2601-19 w/ Black Street Enterprises, LLC d/b/a BSE Construction Group.
71. Closeout to CC-2602-19 w/ Black Street Enterprises, LLC d/b/a BSE Construction Group.
72. C.O. #2 to CC-2613-19 w/Welsh Construction, LLC.
73. C.O. #5 to CC-2772-19 w/APM Construction.
74. C.O. #5 to CC-3036-20 w/Advanced Commercial Contractors, Inc.
75. Corrected W.O. #1 to PS-3078-20 w/SCS Engineers, Inc.
76. W.O.s #2 and #3 to PS-3078-20 w/SCS Engineers, Inc.
77. C.O. #1 to CC-3144-20 w/Southern Development & Construction, Inc.
78. C.O.s #1 and #2 to CC-3181-20 w/Gomez Construction Co.
79. C.O. #3 to CC-3186-20 w/Yovaish Construction.
81. M-3611-21 w/SGL Constructors, Basic Agreement for SR 434 Sidewalk Modification.
82. C.O.s #1 and #2 to W.O. #19 to CC-9184-13 w/Affordable Development.
83. Sixth Amdmt to RFI-601117-11 w/Image Trend, Inc.
84. Third Amdmt to RFI-602205-17 w/Ten-8 Fire Equipment, Inc.
85. First Amdmt to RFP-602604-16 w/Inobbar, LLC d/b/a Novusolutions.
86. First Amdmt to IFB-603035-18 w/Core & Main, LP.
87. First Amdmt to RFP-603215-18 w/Stantec Consulting Services, Inc.
88. First Amdmt to IFB-603429-19 w/Cubic ITS, Inc. f/k/a Trafficware Group, Inc.
89. First Amdmt to IFB-603547-19 w/Teleflex, LLC.
90. First Amdmt to IFB-603724-20 w/Premier Lawn Maintenance, LLC.
91. First Amdmt to IFB-603725-20 w/Municipal Equipment Company, LLC.
92. RFP-603969-20, Term Contract for Dedicated Network Connection between Uniti Fiber LLC, Seminole County, and Brevard County.
93. Bids as follows:
RFP-604022-20 from Bliss Products and Services, Inc.; Creative Shade Solutions; E.B. Morris General Contractors, Inc.; Lanier Plans, Inc. d/b/a Korkat; PlayCore Wisconsin d/b/a GameTime; Legacy Construction Services Group, Inc. d/b/a Pro Playgrounds; Shade Systems, Inc.;
IFB-604051-20 from Fourbridge Solutions, LLC; In Depth, Inc.; SHE Design|Build, Inc.; Petrotech Southeast, Inc. d/b/a Tank Engineering; CONSOR Engineers, LLC d/b/a U.S. Underwater;
BID-604069-21 from Aquatic Resource Center, LLC; Fountain Design Group, Inc.; Fountain Doctors, LLC; The Lake Doctors, Inc.; SOLitude Lake Management, LLC; Superior Waterway Services, Inc.;
CC-3181-20 from Gomez Construction Company; JCB Construction, Inc.; MVB & Associates, Inc.; Barton Malow Builders; WT Comp, Inc.; CM Engineering Services Florida, PLLC; Atlantic Civil Constructors Corp.; Allstate Paving & Site Development;
RFP-603992-20 from Adventist Health System/Sunbelt, Inc./Advent Health Centra Care; CareSpot of Orlando/HIS Urgent Care, LLC d/b/a CareSpot Urgent Care; Life Extenstion Clinics, Inc. d/b/a Life Scan Wellness Centers;
IFB-604046-20 from DH Pace3 Door Services;
RFP-603892-20 from Message Technologies, Inc.; Connex Services (U.S.), Inc.; Omilia Natural Landscape Systems, Ltd.; Waterfield Technologies; Aumtech, Inc.;
RFP-604093-21 from Luke Transportation Engineering Consultants, Inc.; Marr Traffic, Inc.; National Data & Surveying Services, Inc.; Quality Traffic Data, LLC; Southern Traffic Services, Inc.; Traffic Engineering Data Solutions, Inc.; and
IFB-604066-21 from Calgon Carbon Corporation, A Kuraray Company; Carbon Activated Corporation.
COUNTY MANAGER AND STAFF BRIEFINGS
Agenda Item #29 - 2021-2652
Tourism Forecast – Tricia Johnson, Deputy County Manager
Tricia Johnson, Deputy County Manager; Gui Cunha, Tourism Director; and Danny Trosset, Director of Sports Tourism, addressed the Board, played a video promoting tourism in Seminole County, and reviewed a PowerPoint presentation entitled “Seminole County Tourism Update” (received and filed). Staff answered some questions from the Board. Commissioner Lockhart discussed the need for better food services and possibly a kitchen facility at Boombah Sports Complex. Commissioner Zembower talked about restaurants in the area and the possibility of a lot of future growth around the sports complex.
Agenda Item #30 - 2021-2620
English Estates Sidewalk Update Presentation /
Jean Jreij, Public Works Director, and Matthew Taylor, Atkins Global
Matthew Taylor, Atkins Global, addressed the Board and presented a PowerPoint presentation entitled “English Estates Sidewalk Justification Study” (received and filed). Commissioner Lockhart, as district commissioner, shared her concerns. There was an extensive question-and-answer period between the Board, Mr. Taylor, and Jean Jreij, Public Works Director.
Commissioner Lockhart asked if it was correct that from from the original proposal to this proposal they’ve not just confirmed that they’re going around trees, but they’ve also reduced the amount of sidewalk to be laid, and Mr. Jreij answered that is correct. Commissioner Herr asked if the community feedback from the citizens was before or after they knew the impact to the trees, and Ms. Guillet answered it was before.
Commissioner Lockhart discussed the placement of the traffic counter on Hunterfield Road, and a discussion ensued regarding whether or not the traffic counter collected an accurate count of normal traffic on that road. Mr. Taylor advised they intentionally placed it there so they would capture the maximum amount of traffic that would be using Hunterfield even though they recognized that some of the traffic comes up some of the other side roads and does not continue all the way down Hunterfield, and it may have counted temporary construction vehicles as well. Commissioner Lockhart stated it is important for the record to reflect that the intent was to maximize the traffic counts and not show a true reflection of the actual traffic on Hunterfield, and that is probably not great. Chairman Constantine noted he heard Mr. Taylor say that in a number of places they are accommodating the homeowners, or trying to accommodate the homeowners, when it came to relocating the various trees. He asked if they are providing that to all of the homeowners, and Mr. Taylor advised that consideration can be provided to all homeowners.
Commissioner Lockhart stated she is going to support the project as is with the changes that have been made, and she hopes that Mr. Taylor continues to work with the neighbors as best he can to minimize impacts. One of her concerns is still what this project is going to do to on-street parking. Chairman Constantine added he would like to see them go to the neighbors on all the trees even if those trees may be too prohibitive. Commissioner Zembower stated there needs to be clear understanding with the property owners on what trees, if any, are going to be removed, impacted, and/or trimmed. There needs to be some kind of communication regarding the parking issue, and helping the community understand that that’s actually a County right-of-way.
With regard to public participation, Derek Taylor, Carol Morrow, and Shawn Cable voiced their concerns regarding the project. No one else spoke, and public input was closed.
Commissioner Dallari asked who was responsible for the apron transition from the sidewalk to the street where the driveway is. Mr. Taylor answered the County would be from the back of the sidewalk to the street. Commissioner Dallari asked if it was Mr. Taylor’s opinion that the community warrants additional sidewalks from a safety standpoint because of the traffic volumes, and Mr. Taylor advised that is his opinion.
Commissioner Zembower stated he will support whatever the district commissioner desires to do for her district; but they have spent a lot of time and energy on this issue, he has seen the sidewalk policy that exists, and he thinks they are going to continue to run into this. A sidewalk in an established neighborhood is a no-win battle, so he thinks they need to come up with a policy that has the data points that need to be checked off for every possible scenario that they could run into when putting sidewalks in an existing, old neighborhood. Commissioner Herr stated she agrees with the position that the district commissioner has done the most research with regard to this project and involvement with the citizens, and she also agrees with the notion that they are at a process question. To be fair to staff and the consultant, in the Board’s last discussion, they didn’t bring up parking, but now it’s an issue. It’s been an issue because it’s in the pictures, so why it wasn’t in the discussion, she isn’t sure. They clearly need checklists so that they can eliminate some of the nonproductive work.
Commissioner Lockhart advised her impression from the beginning was that there is an engineer somewhere who is only bringing this project forward because it is a safety issue. Frankly, she thinks this is a big pain for the people who live in the community, for staff, and for the Board to go through these machinations. She apologized for having made the assumption that the only reason this was being presented to the Board was because there was a need and they had experts in the field saying the sidewalks are necessary in order for people to safely traverse through their neighborhood. Ms. Guillet explained a number of years ago they had a consultant do a sidewalk study around the county. She discussed the history of this item and pointed out this particular project was included on the one-cent sales tax list. Chairman Constantine noted the Board directed staff to push the sales tax projects. Ms. Guillet added the idea of identifying issues in retrofitting sidewalks is a great idea and is a worthwhile thing to try to do.
Commissioner Dallari expressed his opinion of the project and stated he will support the district commissioner; and if she’s looking for support not to put sidewalks in, he will support that. Commissioner Zembower discussed why he believes this is a much larger question than just sidewalks in English Estates. He added he will also support the desires of the district commissioner; but they would be remiss if they don’t do this now so future Boards don’t have to have this argument about what the county is going to look like as far as walkability, reducing its footprint of other transportation, and complete streets.
Commissioner Lockhart thanked the commissioners for their input, noting this has been a difficult conversation. She appreciates the time and effort from staff and the consultant and knows they have been working with the direction of “get the sales-tax projects done.” She thinks they need to take a step back, starting with this project, and really look holistically at what it is they’re trying to accomplish. Chairman Constantine clarified Commissioner Lockhart’s recommendation is, other than Oxford and Derbyshire, no sidewalks in the English Estates community; and the rest of the Board is willing to accept that recommendation. Upon comment by Commissioner Zembower, Chairman Constantine stated the message is very clear and staff understands that they need to have some sort of checklist as they move forward with sidewalks. So when the next sidewalk project is presented, all of those things will be part of a checklist.
COUNTY INVESTMENT ADVISOR REPORT
Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed).
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt the recommendations of the Board’s Financial Advisor based on the report submitted, ratify all investment actions taken since the last Board meeting, and direct the Clerk to implement said Board-adopted recommendations.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY ATTORNEY BRIEFING
Bryant Applegate, County Attorney, advised he knows the Board has been asked and pressured about what the County plans to do about possible reimbursement or restitution concerning the actions of the prior administration of the Tax Collector’s Office. He wants to remind everyone that there have been no convictions; there has only been accusations, indictment, and an audit. He wants the Board to be very careful in what they comment on. Mr. Applegate has been working on looking at the appropriate firm to assist his office because he anticipates if there is a lot of litigation, it’s going to be handled a lot in-house depending on what they find and what potentially is decided by the federal court system. He is currently negotiating with a firm in Orlando that has expertise in the areas that they would be concerned with. He’s asking for approval of an additional $45,000 added to his Professional Services budget, which currently has $30,000, for a total of $75,000 for the remainder of the fiscal year. The firm is expensive, but he anticipates using them to do an initial analysis so that they’re not using good money to chase bad money, so to speak. He wants to make sure that they proceed cautiously, slowly, and appropriately. If the Board approves this approach and those funds are added to his Professional Services budget, he will enter into a contract this week to begin the analysis of the best approach to take that is appropriate at this point in time. They still have plenty of time to pursue what they need to depending on what the results are in other courts. Mr. Applegate noted he will brief each Commissioner individually as they go along in this matter.
Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve a transfer of an additional $45,000 to the County Attorney’s Professional Services budget.
Under discussion, Commissioner Lockhart stated while the County Attorney thinks they have plenty of time, she thinks that there is a reason for the County to move forward as quickly as possible because the public needs to know that they are doing everything they can in a timely manner to pursue the return of their funds at all means possible. She believes they’ve struck a nice balance. Commissioner Zembower commented he thinks this may take care of itself depending on what happens because the federal judge has the ability to order restitution. He thinks they need to wait until the federal court shakes out.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Zembower noted the Governor extended the Executive Order for another 60 days, and Chairman Constantine advised him that would be discussed at 1:30 p.m.
Chairman Constantine recessed the meeting at 12:23 p.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
Agenda Item #37 – 2021-2599 (Not sequential)
Sylvan Estates SSFLU Map Amendment
and PD Rezone/WJ Homes, LLC, Applicant
Chairman Constantine announced there has been a request that Item #37 regarding Sylvan Estates Small Scale Future Land Use Map Amendment and PD Rezone be postponed to the next meeting.
Commissioner Lockhart read the following into the record: Based on Seminole County Administrative Code, Appendix A, Section 2.85, the Applicant’s representative has timely filed, in writing, a written request for continuance with justification that the Applicant’s representative or consultant is scheduled to be out of town and will not be able to attend the meeting.
Motion by Commissioner Zembower, seconded by Commissioner Herr, to continue to May 11, 2021 at 1:30 p.m., or as soon thereafter as possible, the request to consider a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development and the associated Rezone from A-1 (Agriculture) to PD (Planned Development), for a 12-lot, single-family residential subdivision on 4.8 acres, located on the south side of South Sylvan Lake Drive, approximately one-half mile west of Orange Boulevard; WJ Homes, LLC, Applicant; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #31 – 2021-2658
Seminole County Executive Order #2020-030
Rescind Sections 3 and 4
Chairman Constantine stated Item #31 is to consider rescinding Sections 3 and 4 of Seminole County Executive Order #2020-030 regarding COVID-19 and the use of facial coverings. He announced they will first have an update.
Commissioner Zembower asked the Chairman if he may have a little latitude. He said he knows they have a lot of people here to speak on this topic, and then he read the following statement. “I agree with my fellow Commissioner Lockhart who pushed to have this hearing brought before this board. To an extent, we can all agree that the CDC has been wrong on many recommendations, yet correct on others. We can all agree nobody enjoys wearing a mask. There is ample evidence of facial coverings do make some difference, even if it only saves a single life. That said, we should not adopt an arbitrary date, nor should we set some nebulous goal into the future, as the CDC has failed to even consider such.”
Motion by Commissioner Zembower, seconded by Commissioner Dallari, that Sections 3 and 4 of the current Executive Order be amended to state the following: That this body shall revisit this issue every 30 days or every second BCC meeting of every month. The facial covering order shall be removed once 50% of the County’s eligible population has been vaccinated and there has been 30 days of declining community transmission or sooner, should the Seminole County Medical Community and subject experts, as represented here today, recommend it appropriate to do so.
Chairman Constantine stated there is a motion and a second, but before they take debate, they will listen to all the citizens that are here today that have asked to speak, and they will hear from the medical professionals who will present their update (via CMT - Communications Media Technology) prior to that. Commissioner Zembower requested that be the first order of business once the public input is concluded because there is a motion and a second on the floor. Chairman Constantine responded that will be after the Board debates.
Alan Harris, Chief Administrator for the Office of Emergency Management, addressed the Board and introduced the first presenter. Donna Walsh, Seminole Health Officer, Florida Department of Health in Seminole County, presented the COVID-19 Update followed by Kevin Baker, MPH, CPH, CHES, Senior Epidemiologist, Florida Department of Health in Seminole County (PowerPoint received and filed).
Mr. Harris stated Dr. Benoit has been a partner with Seminole for multiple years and unfortunately will be leaving Seminole in two weeks to move to Alachua County. He thanked him for his partnership.
Mr. Harris introduced the following experts who presented their updates via CMT: Trey Abshier, CEO of the Hospital Corporation of America, Central Florida Regional Hospital; Dr. Sean Benoit, Chief Medical Officer of the Central Florida Regional Hospital, Hospital Corporation of America and Oviedo Hospital; Dr. Anita Ekambaram, South Seminole Hospital, Orlando Health; Dr. David Sinclair, Chief Medical Officer for AdventHealth Altamonte; and Dr. Vincent Hsu, Infectious Disease and Prevention Physician, AdventHealth Medical Group. Mr. Harris also mentioned Shawn Molsberger, Senior Vice President of Orlando Health, South Seminole Hospital; and Tim Cook, Chief Executive Officer for AdventHealth Altamonte; who did not speak. The final speaker was Dr. Todd Husty, Seminole County’s Chief Medical Director, who discussed the importance of getting vaccinated.
Chairman Constantine stated that they all owe a real thank you to Mr. Harris and all those who have worked with him at Emergency Preparedness and the Department of Health. This is now over 400 days that they have been on alert and he knows how hard they have worked throughout this. He noted he has only heard universal applause about the vaccine distribution at the Oviedo Mall.
With regard to public participation, the following were in attendance and spoke in opposition to the mask mandate: Frank Hunt, Andrew Eernst, Leslie Kirschenbaum, Melissa Taylor, Bill Shilson, Gerald Martin, Eric Soto, Cheryl Bryant, Ben Rivera, David Leavitt, Cindy Haller, Lisa Tiralosi, Sara Resdke, Beth Martin, Julia Quint, Nicole Ouellette, Andrea Sefick, Carmelo Belardo, Michelle Minella, Margaret Pas, Jason Quint, Kelly Shilson, Debbie Suarez, Karon Miller, Michelle Burrows, Jen Ferguson, Nichole Carrau, Christina Ernst, J.P. Pinheiro, Mike Johnson, Amber Carroll, Antonio and Mariana Reyes, Joshua Carroll; and the following through CMT: Julie Roberts, Peter Vasquez, Christine Lyons, Drake Weurtz, Kathryn Melito, Shawn Cable, Barbara Martin. Tiomoya Owens attended to speak in support of the mask mandate, and Kathleen Wallace and Nancy Celleri also spoke in support via CMT. No one else spoke in support or opposition, and public input was closed. Public Comment Forms were received and filed.
Chairman Constantine read into the record, as they were received, Written Comment Forms in opposition to the mask mandate (received and filed) from the following: Mary Cavanaugh, Dan Seluk, Yaweit Bello, Tess Beck, Kristin Seggi, Sandra McDonald, Santel Rivera, Brooke Harrison, Lisa Huston, Erin Siedlecki, Marjorie Murphy, and Debbie Smith.
Commissioner Lockhart mentioned a couple of the things that she has heard concern her because they keep hearing the word “fear.” She has heard folks say that they have been fully vaccinated and they are not only masking, but they are now still double-masking, and there is this fear that they may still get sick or get others sick. She thinks whether you are a person who is pro-vaccination or not, these vaccines are showing 94% to 97% efficacy. People are not being hospitalized or dying from this if they have had the vaccine. She feels they are in this fear-based mode now, and it makes her sad to think that folks who have done the work of getting vaccinated are still so fearful when they have seen in the real-world evidence that these vaccines are unbelievably amazing.
Commissioner Lockhart pointed out there is no secret where she stands on this. She believes they are in a completely different place than they were a year ago. She had gotten a phone call from the County Manager last summer when she was in Charleston, South Carolina, and there was discussion as whether or not this was something that the Board, that she as one commissioner, would be opposed to, because staff was really feeling the need to impose this executive order. And given all the unknowns at the time, she lent her support because there were no vaccines; there were no treatments on the horizon; there was so much they didn’t know. She said it never occurred to her, in that conversation and subsequent conversations with their Emergency Management folks, that they would still be here a year later, because the comments continued to be that this is not something they want forever. Of course, they don’t want this forever; nobody wants this forever. She noted time after time, she had asked about metrics and benchmarks and goalposts, going back to the fall of last year. Repeatedly the team would say this is not something they want forever and as soon as they can lift this, they are going to lift this. So she kept saying okay, let’s talk metrics and let’s talk benchmarks. She kept hearing they are not there yet.
Commissioner Lockhart stated but now they are at a place where they do have robust vaccines. Everyone that is eligible for a vaccine in Seminole County, who has the ability to protect themselves if they choose to with a vaccine, over the age of 16, are able to get one. As she mentioned, the vaccines are showing that 97% of people vaccinated avoid serious disease or death, and that is phenomenal. Over 170,000 Seminole County citizens have received a vaccine, which is amazing. And this is due to the great work of the people in Emergency Management and the private sector who have come together to put together an absolutely and incredible, seamless operation, both at the Oviedo Mall and at points of distribution around this county. They have done a tremendous job.
The Commissioner continued stating the 30,000+ people, and maybe a lot more, who have had COVID, because there are so many who are asymptomatic, they don’t know if they have had it or not, do carry some form of natural immunity. By her proposal, not Mr. Zembower’s motion, but what was put on the agenda and was talked about at their last BCC meeting, by June 7th thousands more residents will have had the opportunity to get their vaccine. She understands the folks that are saying they want the mask order rescinded right now, but she also hears loud and clear from people who are fearful that want an opportunity to get the vaccine. So from her thought process, this gives everyone the opportunity to get the vaccine that want it, have their three weeks to get their second vaccination and then two weeks for their full immunity. She added they cannot ignore the studies that show that folks who have had COVID retain some level of antibodies, and the more she is reading, she is learning more and more about the importance of T cell response. The antibodies are one thing, but T cell response is incredibly important, and she has been reading study after study that shows when they talk about variants, the T cells are still very active with all of these variants that were discussed. She noted she brought with her today copies of several of the studies. They are showing that these antibodies are lasting for more than eight or nine months, and she said that is incredible as well. And it may be longer, but they only know for how long they have been tracking this.
Commissioner Lockhart remarked there has been a lot of talk about the CDC, and the CDC is their federal government’s regulatory body that gives advice, and they are tiering that advice based on individual circumstances, and there are a lot of nuances in their advice. So from her perspective, maintaining a one-size-fits-all mandate does not account for that tiered, nuanced advice. It is just intellectually dishonest. It is not in alignment with the current CDC recommendations to have a one-size-fits-all mandate. The CDC has said, “If you are vaccinated and you are with a group of other people who are vaccinated, there is no reason for you to wear a mask.” So why do they have a mask mandate telling everyone to wear a mask. It does not take into account the fact that 170,000 people have subjected themselves to an experimental vaccine, including herself. As circumstances change, their focus should be on educating, not mandating. A one-size-fits-all government mandate is not the most effective way to communicate with their community. Many of them have children, but when you sit down and talk to your kids, whether they are young children or adults or anyone in your family, and you have a discussion and you engage in educating, you get so much farther along than standing over them with a stick and mandating something out of them. It is human nature; it is natural for people to want to be engaged and educated and not be forced to do something.
Commissioner Lockhart opined they have entered the theater of the absurd. The CDC, as recently as yesterday, has made a recommendation that children should wear masks at summer camps. She does not know how many of their kids have been to a summer camp in Seminole County in July, but she is here to tell them, and they have fantastic summer camps by the way, (shout out to their Natural Lands folks), her kids have gone to all of them. It is hot, and it rains, and those masks are going to get wet and dropped on the ground, and it is nasty. And to expect young children to wear these masks for summer camp is ludicrous. She was all about following the CDC guidelines until this came out and then she just can’t anymore with this; it is just dumb.
Commissioner Lockhart expressed there has been too much fear in their politics and not enough emphasis on the data that is showing the good news, and it has been pointed out today by many people here that it is having a detrimental effect on their community. There is increased depression, anxiety, drug overdoses, and they cannot ignore those pieces of this puzzle. It was also mentioned today that the Commissioner of Education, Richard Corcoran, has requested that all K-12 superintendents take into account this next school year that masks be considered optional. Based on public comments made by the Seminole County Superintendent, it appears that the School Board will be taking that up very soon, and based on his comments, he said he is seriously considering that. So, removing the “mandate” allows educational institutions to implement their own flexible guidelines for the start of the new year. They can say all they want, but the School Board does what the School Board wants and the County Commission does what the County Commission wants, but they all know that the School Board is not going to completely fly in the face of something that this Board has done. That is just not how that is going to work.
She added local government, this Board, and the people that work with them cannot possibly know or predict every variable in a business or instructional setting. Removing this mandate frees up private business and public institutions to implement policies that are appropriate for them. Everything is different. This is not one size fits all.
Commissioner Lockhart expressed, most importantly, their mandate is completely unenforceable. And based on what the Legislature is discussing right now, and it has gone through the Senate, and the House is taking it up tomorrow, they are going to require them to reauthorize, every ten days, every executive order. She has no reason to believe the Governor won’t sign it. They will be back here every ten days having this discussion about masks to vote upon, which is how it is written right now.
Commissioner Lockhart stated this idea of rescinding the executive order and implementing a resolution is, in her view, a proactive way to offer residents hope and freedom to follow the recommendations that are applicable to them, in conjunction with discussions with their doctors, and if they choose to follow CDC guidelines, they can look at those. But she will be honest, some of the doctors she has talked to and friends that are nurses that she has, with all due respect to those in the medical community today who shared a differing opinion, the people she has talked to have said it is unreasonable to assume or to think that the goal of any of these mitigation efforts is to eliminate death and disease. She feels like they have gotten to the place where they are holding up an unrealistic goalpost, albeit wonderful and altruistic, aspirational, to say that they want no one to get sick and no one to die. That is not the world that they are living in. And those are the folks in the medical community who are saying that, and they are also treating children who are having incredible anxiety and depression right now.
Commissioner Lockhart said she wants to talk about metrics, because that was something that was brought up as an alternative to what was on the agenda. Originally she was asking about metrics, and some of the people she had talked to that are here today said they just need to ask what are the metrics and what are they going to look at. If they set metrics, that needs to be what they focus on, but then she started thinking about it. What if they set metrics that are unrealistic. So if they set a 50% vaccination rate and they don’t get to 50%, does that mean they are going to require masks forever. She is personally not interested in coercing the public to make any type of medical decisions. She said she pivoted in her thought process because she realized, at the end of the day, the outcome of setting a benchmark like that, which requires individuals to make decisions about their personal health, just wasn’t consistent with her personal beliefs. She noted she is the kind of person that does better with deadlines and rewards. They are seeing, out of the U.K., that as soon as their government set a deadline for their mitigation efforts, vaccines took an uptick because people who were on the edge, people who were trying to debate about whether they were going to get it or not, or people who were perhaps fearful knew that on a certain date the orders are going away, and so more people went and got their vaccines because they had to make a decision. She thinks there is some logic to setting a deadline. Even though it may sound arbitrary, she thinks just from the way people operate that a deadline is not bad.
She commented that in looking at those 170,000 people that have been vaccinated and the tens of thousands of those who carry some form of immunity, she is not someone who is willing to make “the entire class stay in from recess because a couple of kids won’t do what the teacher wants.” That is where she is afraid they are headed with this.
Commissioner Zembower stated he agrees a great deal with what Commissioner Lockhart has indicated. He thinks they can all agree that the CDC has been all over the map; they can all agree Fauci speaks out of both sides of his mouth; they can all agree about a lot of things. There has been a lot of discussion about benchmarks, deadlines, and so forth. So they have had 170,000 vaccines, yet they have an uptick. He does a lot of reading. He does a lot of studies. There were a lot of questions about where are the studies, where are the facts. If you go onto the County’s webpage, there are over 40 peer-reviewed documents that cite the studies and so forth. They heard today they are at 42% of their eligible population vaccinated, but they still have an uptick. So how come there is an uptick. He thinks what he has learned and what he has digested in reading and studying and even talking to some of the experts is there are a lot of things they know, but there are a lot of things they don’t know. They don’t know about certain variants, and now people that have supposedly been vaccinated have contracted COVID. Now agreed, the studies showed that they are not going to the hospital at the rates once you are vaccinated versus not vaccinated. They are also hearing some of the pharmaceutical companies saying, “Well, you may have to get a booster on top of what the vaccine has already been or they are not real sure how long that is going to function.” That said, that was why he made the motion. They are at 42%, and he cannot imagine this County cannot get to 50% at this juncture, but he thinks the bigger thing is the community-spread aspect. If you continue to see the community spread, it tells them that it is still active, whether it is some hybrid model of it, whether it is the original one. He is going to follow the experts’ advice.
Commissioner Zembower pointed out this is not a political statement. He does not care whether you are an independent, a libertarian, or a republican or a democrat; this is about the safety of a community. At the end of the day, he is going to make a decision that is based on the best for this community, whether someone voted for him or not. He would only urge his fellow Commissioners to consider the entire population of this county. Look at what the trends are. He does not think they can argue if they get to a point where there is not community transmission increasing, then they are probably at a pretty good place. They thought they may have been in a good place a month or two ago, but here they sit. If you look to India, they were flatlined of any country. They rolled back their mitigation strategies and now they are out of control. A simple trend line of watching community transmission, whether you want to believe the doctors that were here today or not, is certainly result-driven of what they can follow and understand.
Chairman Constantine asked that Commissioner Zembower repeat his original motion. The reason he said he was going to take both Agenda Items #31 and #32 together was because he felt everybody was here for both items. He noted that if Commissioner Zembower’s motion passes, it took into consideration rescinding #3 and #4, because he is saying it is not going to be rescinded as part of the motion. And the resolution (Item #32) encouraging facial coverings in indoor spaces is not necessary if they continue the mandate.
Commissioner Zembower repeated his motion as follows: “Section 3 and 4 of the current executive order be amended to state the following: This body shall revisit this issue every 30 days or every second BCC meeting of each month. The facial covering order shall be removed once 50% of the County’s eligible population has been vaccinated and there has been 30 days of declining community transmission, or sooner, should the Seminole County medical community and subject experts, as represented here today, recommend it appropriate to do so.”
Chairman Constantine asked if the seconder agreed. Commissioner Dallari stated that is the way he understood it, and the reason why he supported it is because there is an “or” in there. It can actually happen before June 7th.
Districts 1, 2, and 3 voted AYE.
Districts 4 and 5 voted NAY.
Motion passes 3 to 2.
Commissioner Herr stated she would like to go on the record with a couple of things. She really does not want to hear another briefing from their medical staff without a briefing about mental health and substance abuse attached. Those professionals need to be considered. She also would prefer to hear outside of the folks that they continue to hear from. She is not discrediting those professionals; she works with a lot of them and they are highly credible to her. But they cannot continue to be in their own echo chamber and expect to get smarter. So, she would like to hear from outside of their echo chamber. She thinks it is critical to the success of this decision.
Commissioner Herr said she also wants to go on the record to say that she does not think the original proposal was ever with the idea that they would not be wearing masks. And she does not want to leave here with the notion that, while they would support taking away the mandate, wearing masks is not a good thing to do. She is not for government regulation of this sort of thing, particularly when they are not actually enforcing it. They are not even enforcing it in their own building. She is for a business making its own decision as to whether or not a mask needs to be worn in their business to keep their employees safe. She applauds their employer for doing that. Her own employer does that, but it is not a government intervention. She really wants to be clear around the notion of what they heard today of public input versus the intention, and the thought process that she thinks all of them probably have here on the Board and that is, there is probably a couple of different ways to “skin the cat,” but the idea of keeping them safe is a good thing. The idea of spreading fear is a bad thing. The idea of getting vaccinated at your own discretion is probably a good thing. And the idea of being respectful is always the best possible thing, because they can get the best possible ideas onto the table. She is glad to have heard from the public today, but she asked they please don’t leave here confused about what their thoughts are.
Chairman Constantine stated he wanted to echo the fact that Commissioner Herr made. He has also indicated that they need to hear from other health experts, and he thinks that this motion that Commissioner Zembower put forth gives them that opportunity in a sense that they now have some guidelines, but they also have the opportunity to look at this as it progresses.
Commissioner Lockhart requested that the text of Commissioner Zembower’s motion, that seems to have already been discussed, be circulated to the Board. Commissioner Herr added that the handouts from the medical community be given to them in advance. She does not want to be scrambling on email, behind the scenes, trying to get it into her hands so she can look at a previous slide while referencing something else later. She feels like they were put in an awkward situation with that and stated it is incumbent upon them to be as informed as possible, and this was not a good setup.
(Handouts from the medical experts distributed to the County Commission were not received and filed.)
Agenda Item #32 – 2021-2661
Resolution to Encourage Use of Face Coverings
Chairman Constantine stated previously that this resolution encouraging facial coverings in indoor spaces is not necessary if they continue the mandate. Since Commissioner Zembower’s motion was approved to amend Executive Order #2020-030, Sections 3 and 4, which would not rescind the mandate, this item was not presented or discussed.
Chairman Constantine recessed the meeting at 6:00 p.m.; reconvening at 6:15 p.m. All Commissioners were present with the exception of Commissioner Zembower, and the Chairman announced there was a quorum. Deputy Clerk Terri Porter was replaced by Deputy Clerk Chariti Colón.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Herr, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Zembower entered the meeting at this time.
PUBLIC HEARINGS - LEGISLATIVE
Agenda Item #33 – 2021-2657
Chapter 40 County Code Amendments
Mary Moskowitz, Planning and Development Manager, addressed the Board to present the request as outlined in the agenda memorandum.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Herr, to adopt Ordinance #2021-18 amending Chapter 40 of the Seminole County Code of Ordinances to update administrative provisions of the Building Code to be consistent with Florida Statutes and to also revise street sign requirements for new development to facilitate E911 response; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #34 – 2021-2597
Shoreline Protection Amendment
to the Land Development Code
Kim Ornberg, Watershed Management, addressed the Board to present the request as outlined in the agenda memorandum. She advised leading up to this public hearing, staff reached out to the stakeholders to provide information about the proposed ordinance and seek comments and feedback. They set up an informational web page and sent out over 900 emails to waterfront residents, environmental groups, the development community, state agencies, and local cities. They presented the ordinance at community meetings, both virtually and in person, and sent out social media blasts through the various platforms that the County maintains. They have taken the feedback and comments and incorporated most of it into the current draft being presented for consideration today. Staff is recommending adoption of the ordinance.
Commissioner Lockhart noted there were some changes that were made that were circulated. She inquired if those were changed online also. Ms. Ornberg responded every time there was an update, they updated what was online.
Commissioner Zembower requested confirmation that all the stakeholders were included and have had an opportunity to weigh in on the latest. Ms. Ornberg advised they were all included in the emails and communications starting early this year, and staff has been involved with them and sent them updates.
With regard to public participation, Debbie Smith; Kristine Campbell, Florida Wildlife Commission; and Cindy Haller submitted a written public comment form in support. David Bears and Gabrielle Milch spoke in support and also expressed a concern regarding herbicides. No one else spoke in support or opposition and public input was closed. Public Comment Forms not received.
Upon Chairman Constantine’s request to address Ms. Milch’s herbicide concern, Ms. Ornberg explained any time someone is going to be using aquatic herbicides in a waterbody that falls under the jurisdiction of the ordinance, it would allow staff to work with them to make sure there is no resistance, they are rotating chemicals properly, they are using the right chemicals for the target species, and they are developing an integrative management plan. Education is the primary goal and imposing fines is a last resort.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt Ordinance #2021-19 amending Chapter 70, Dredge and Filling, and adding a new Chapter 71, Seminole County Shoreline Protection Ordinance, to the Seminole County Land Development Code to provide regulations for shoreline alterations and management of aquatic plants in waterbodies in Seminole County; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #35 – 2021-2633
English Estates Golf Cart Program
Bill Wharton, Engineering Division, addressed the Board to present the request as outlined in the agenda memorandum. He added if approved, the ordinance will not take effect for 30 days to allow for the fabrication and installation of the necessary signage. He has been in contact with the Seminole County Sheriff's Department, and they have no objections to this as long as it follows Florida statutes. Department of Transportation has no comment as these are not state roads nor do they connect directly to any state roads.
Chairman Constantine inquired if the community meeting comments were taken into consideration. Mr. Wharton explained the majority of the comments were requesting information on how the process works and not providing suggestions or direction.
The Chairman clarified the sidewalks that were approved during the morning session will go on Derbyshire and Oxford Roads, but the golf carts will not. The golf carts will be allowed on the other streets that will not have sidewalks.
With regard to public participation, Shawn Cable, English Estates and English Woods HOA President, spoke in support. No one else spoke in support or opposition and public input was closed.
Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt Ordinance #2021-20 establishing a Designated County Facility in accordance with Section 34.30 of the Seminole County Administrative Code for the use of golf carts on the local roads identified as a Designated County Facility within the English Estates and English Woods residential communities; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
PUBLIC HEARINGS – QUASI-JUDICIAL
Agenda Item #36 – 2021-2585
Park Dental Rezone
Park Dental, LLC, Applicant
Commissioner Dallari submitted ex parte for this item.
Joy Giles, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.
Upon inquiry of Commissioner Dallari, Ms. Giles confirmed this site will be using the crossing access easement from the commercial property to the east and they're not providing another crossing of the Cross Seminole Trail.
David Stokes, Madden, Moorhead & Stokes on behalf of the Applicant, addressed the Board to advise he agreed with staff and was available to answer any questions.
Chairman Constantine stated the only concern he would have is because of the rezoning, it could be used for other things in the future. He inquired if there were any safeguards that could be made so that it doesn't go back to industrial or any of the other things that it could be used for in C-3. Mr. Stokes confirmed that is not the intent of the rezone. It's a family-owned business who is looking to relocate. Ms. Giles explained C-3 is a straight zoning so there are no conditions put on that zoning. The future land use is currently industrial which does permit the C-3 zoning on the property.
Commissioner Zembower stated there was one letter of opposition included in the agenda memorandum talking about many more rural open lands. To that point, he wants to make sure they understand they have less than 2% of available land left in this county for commercial- and industrial-type uses, so they have to be very cognizant of that. Although they have to be sensitive to what the community desires and wants, part of the issue is they have had numerous retail clients that want to come to Seminole County. If they get rid of that and zone it to multiuse or multifamily, all they're doing is sending the best taxpayers that supplement the residential taxpayers to another jurisdiction or county.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Herr, to adopt Ordinance #2021-21 enacting a Rezone from R-1 (Single Family Dwelling) to C-3 (General Commercial & Wholesale) on approximately 0.76 acres, located on the west side of S.R. 426, approximately 800 feet south of Connection Point; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #37 – 2021-2599
Sylvan Estates SSFLU Map Amendment
And PD Rezone/WJ Homes, LLC., Applicant
Chairman Constantine reminded this item was continued earlier this afternoon to time certain of May 11, 2021, at 1:30 p.m. He read a public participation written comment (not received) submitted by Cindy Haller who was opposed to the continuation.
COUNTY MANAGER’S REPORT
Ms. Guillet provided a brief update on the Emergency Rental Assistance Program. 1,400 applications have been submitted, 700 have been approved, 555 were denied, and there are a handful still awaiting decision. They have approved about $4.5 million which represents 30% of the $14 million that was directed to the county. Staff continues to reach out to landlords and other agencies that have people that are looking for assistance, and they are diligently trying to get that money out into the community. It needs to be committed in full by the end of September and expended by the end of this year.
They still have not received any Treasury guidance for the American Rescue Plan, and there has been no indication as to when they will get it. However, they have received information on how to register for the program dollars once it comes in, and they have received some guidance on the Homeowner Assistance Program. The county will not get money directly on that because the State of Florida is receiving it.
With respect to the actual $91.5 million from the American Rescue Plan they are receiving, they have yet to receive any specific guidance. Staff continues to refine the items the Board discussed at the last meeting. They have also met with the cites to talk about their plans. A couple of them seem to be committed to using the funds for water and sewer improvements, but none of them seem to have a well-developed plan for the dollars. They are all interested in working together on any direct assistance program the county may develop with those funds.
Staff did have a call last week with the state office at DEO on broadband to get information. They are still trying to get information from the governor's office on how the governor would like to expend the money the state is receiving with respect to broadband. They did provide contact information for a couple of counties who have hired broadband consultants, so staff has reached out to them to get their RFPs. They are waiting for additional guidance to understand exactly what the restrictions and permissions are with respect to the expenditure of those dollars.
Commissioner Zembower inquired if there had been discussion about additional VA vouchers for veteran housing; and if not, if the county will be able to use any of the funding for veterans that need housing. Ms. Guillet responded she is not aware of that, but they will look and see.
Tricia Johnson, Deputy County Manager, advised the legislature officially concluded their budget discussions today at noon. The budget is in the "cooling off" period for the next 72 hours, and then they will vote on the budget on Friday. This year's budget is historic as it is the first to exceed $100 billion, but that is largely due to the $10 billion the state received in federal stimulus dollars.
The Little Wekiva River Restoration Project is currently in the budget for $500,000. Originally, there was $250,000 in the Senate budget but no money in the House budget. Senator Brodeur was able to advocate for another $250,000 to fully fund that appropriations request. The governor could veto it; but if they do receive that funding, they will be beyond halfway to fully funding that project.
The session should conclude on Friday. They will have a special session, but that will focus only on gambling and a deal the governor is working on, so nothing related to local government will be discussed at that time.
Ms. Johnson stated there are a number of bills that are moving very quickly. She recommended rather than going through them now for them to change in the morning, she would distribute a daily email with the hot bills that are relevant to the county and where they stand so the Commissioners can see that on a daily basis. No objections were voiced. Chairman Constantine requested Ms. Johnson also distribute the daily update the Florida Association of Counties is giving because that gets a little bit more into the broader aspects of it.
COUNTY ATTORNEY’S REPORT
FUTURE AGENDA ITEMS
Public Comment on Items Not Related to the Agenda
Mike Johnson, Altamonte Springs, expressed frustrations with public commenting, firefighter salaries compared to neighboring counties/cities, and ISO ratings and insurance rates. He thanked the County Manager regarding roundabouts. Public Comment Form not received.
Commissioner Herr reported Rescue Outreach Mission spoke to the City of Sanford about the American Rescue funds and the opportunity to fund the upcoming need for homelessness and answered a few questions. They also took another turn to the bylaws that have now have been reviewed by an attorney and will go back to the board. There is a new funding agreement that has been presented by staff to the ROM board, and it was reviewed in detail at a board meeting line by line with the two consultants. It has been given back to staff to take the next turn of that agreement.
The Commissioner attended a tour of the Midway community given by Mr. Greene of the Midway Coalition. She encouraged the other Commissioners to do the tour as well.
Commissioner Zembower thanked staff for putting together the Proclamation for Rocky Harrelson.
The Commissioner reported on airport passenger counts and Central Florida Zoo attendance.
Commissioner Dallari advised he met with a resident about the PACE program the State offers through cities and counties. He distributed a pamphlet entitled Home Makeover Systems PACE/Ygrene Presentation (received and filed). The Commissioner requested staff review the information to see if this is something they should be looking at in the future. He thinks it's important if it's a way to help residents make improvements to their homes. He emphasized he is not looking for this to be on the "front burner" but somewhere that they can actually discuss it at the appropriate time.
The Commissioner noted Chairman Constantine sits on the Wekiva River Basin Commission. He has heard that there is either some mining or borrow pits in Lake County that could affect the Wekiva River Basin. He requested, at the appropriate time, if the Chairman would provide an update. Chairman Constantine advised the Wekiva Basin Commission asked him to send a letter to the governor, the DOT, the St. Johns River Water Management District, and the Department of Agriculture concerning the illegal borrow pits that were in Lake County. They have been successful in stopping one. Unfortunately, another one was not in the Wekiva area and is still going on. The Lake County Commission is looking into the illegal borrow pits, and he has spoken to Commissioner Parks of Lake County to ensure they are making the appropriate action. Commissioner Dallari inquired if the Chairman could copy the Board on the correspondence, and the Chairman responded he would.
District 3/CHAIRMAN’S REPORT
Chairman Constantine reported on the events and meetings he attended.
The Chairman commented Anthony Rizzo was present to give public comment regarding his concern of natural fencing on Bear Lake, but he had to leave and said he will come in again. The Chairman stated Mr. Rizzo has spoken with him, his aide, and Ms. Hammock several times; and he does understand they are working on this. This is a neighborhood dispute, but the policy of putting natural fencing into the lake is something the county should address.
COMMUNICATIONS AND/OR REPORTS
No Communications and/or Reports were received.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:35 p.m., this same date.