BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
August 10, 2021
The following is a non-verbatim transcript of the Board of County Commissioners Meeting of Seminole County, Florida, held at 1:30 p.m., on Tuesday, August 10, 2021, in Room 1028 of the Seminole County Services Building at Sanford, Florida, the usual place of meeting of said Board.
Present:
Chairman Lee Constantine (District 3)
Vice Chairman Amy Lockhart (District 4) (attended telephonically)
Commissioner Robert Dallari (District 1)
Commissioner Jay Zembower (District 2)
Commissioner Andria Herr (District 5)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Clerk of Court and Comptroller Grant Maloy
Deputy Clerk Terri Porter
Work Sessions held this morning included the Key Strategic Priorities update and the American Rescue Plan follow-up.
OPENING CEREMONIES
Father David Vivero, All Souls Catholic Church, Sanford, gave the invocation, and Kenneth Bentley led the Pledge of Allegiance.
COUNTY MANAGER’S CONSENT AGENDA
Commissioner Dallari requested that Items #4 and #5, resolutions in connection with water and sewer service and solid waste fees, be pulled for separate discussion.
With regard to public participation, no one spoke in support or opposition to the Consent Agenda, and public input was closed.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve the following:
Development Services
Planning & Development
3. Approve the plat for the Chaudoin’s Estates subdivision containing one (1) lot on 6.12 acres zoned A-5 (Rural Zoning Classification), located on the west side of Indian Cypress Trail; Dustin Holloway, Applicant. (2021-2821)
Environmental Services
Business Office
4. Pulled for separate discussion.
Solid Waste Management
5. Pulled for separate discussion.
Fire Department
Business Office
6. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN) for Osceola Regional Medical Center. (2021-2836)
Leisure Services
Greenways and Natural Lands
7. Approve and authorize the Chairman to execute an Easement Agreement replacing an expiring agreement with the St. Johns River Water Management District (SJRWMD) for an existing monitoring well at the Spring Hammock Preserve. (2021-2819)
Public Works
Engineering
8. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $6,000 between property owners, Jennifer L. Allen f/k/a Jennifer Lea Hendrickson and David Allen, and Seminole County for a Temporary Access Easement (20,855 ± SF) necessary for the Miller Road bridge replacement project. (2021-2795)
9. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $2,500 between property owner, Michael S. Pope, and Seminole County for a Quit Claim Deed (11,000± SF) necessary for the Miller Road bridge replacement project. (2021-2817)
10. Approve and authorize the Chairman to execute appropriate Resolution #2021-R- 117 and the State Funded Grant – Supplemental Agreement, Supplemental No. 1, of Contract G0F02, between the State of Florida, Department of Transportation (FDOT), and Seminole County relating to the design services of the Oxford Road Reconstruction and Extension Improvements from U.S. Hwy 17-92 and Prairie Lake Drive, east to the intersection of Fern Park Boulevard and Oxford Road, and north to the SR 436 (Semoran Boulevard) and Oxford Road Intersection. (FDOT Project Financial Management #FM439456-1-34-01) (2012-2822)
11. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-118 accepting the Warranty Deed for property donated by owners, Elizabeth Maginley and Adam Maginley, to Seminole County for the construction and continued maintenance of a sidewalk at the southeast corner of Carlton Street and Raymond Avenue. (2021-2823)
12. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel 115 for acquisition of property needed for the Orange Boulevard Improvement Project (2,975± SF) between Michael P. Colbert and Seminole County for $27,620, as full settlement of all damages, compensation, attorney fees, expert fees and other costs of any nature whatsoever from which Seminole County might be obligated to pay relating to the parcel. (2021-2826)
13. Approve and authorize the Public Works Director to send a letter to the Florida Department of Environmental Protection (FDEP) requesting a Partial Release of Lease #4770, Cross Seminole Trail, between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, and Seminole County, Florida, as Lessee. (2021-2797)
14. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-119 accepting Quit Claim Deeds, Temporary Construction Easements, and Temporary Access Easements related to the Miller Road bridge replacement over Six Mile Creek. (2021-2830)
Resource Management
Budget
15. Ratify a Grant Application to the State of Florida, Division of Library and Information Services, for the DLIS Florida American Rescue Plan Act Grant Program (ARPA) requesting $100,000 to purchase permanent digital rights E-books for the County Library System; and authorize the County Manager to execute all documents associated with the grant including the application, contract, and Budget Amendment Request (BAR) to appropriate. (Grant application due date of 8/5/21). (2021-2820)
16. Ratify a Grant Application to the State of Florida, Firefighter Cancer Decontamination Equipment Grant Program, requesting $37,800 to purchase firefighter personal protective equipment; and authorize the County Manager to execute all documents associated with the grant including the application, the contract, and a Budget Amendment Request (BAR) to appropriate. (Grant application due date of 8/8/21). (2021-2818)
17. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-120 implementing Budget Amendment Request (BAR) #21-081 through the SHIP Grant Funds in the amount of $3,863,150.83 to establish funding for the FY2021/22 SHIP allocation grant amount along with the FY2020/21 additional SHIP miscellaneous revenue. (2021-2824)
18. Approve and authorize the Chairman to execute a Grant Agreement with the Florida Division of Emergency Management (FDEM) in acceptance of $2,228.74 through the Hazards Analysis Program; and to execute appropriate Resolution #2021-R-121 implementing Budget Amendment Request (BAR) #21-082 through the Public Safety Grant (State) Funds in the amount of $2,228.74 to establish funding. (2021-2825)
19. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-122 implementing Budget Amendment Request (BAR) #21-083 in the amount of $62,893 through the General Fund to appropriate grant funding for the Federal Elections Security Grant. (2021-2859)
20. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-123 implementing Budget Amendment Request (BAR) #21-084 through the Emergency 911 Fund to recognize and allocate E-911 Interest Revenue disbursement provided by the Florida E-911 Board in the amount of $109,012.50. (2021-2860)
21. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-124 implementing Budget Amendment Request (BAR) #21-085 through the 17-92 CRA Fund, General Fund, Transportation Trust, and Fire Fund in the net amount of $1,703,708.13 to provide Tax Increment Refunds for all uncommitted 17-92 CRA Fund balances, plus the amount committed to the Sanford Beautification Construction Project; and recognize associated interest and interfund transfer revenues; and authorize the County Manager to execute a Memorandum of Understanding with the City of Sanford reflecting the County’s payment to Sanford for their proportionate share of the Sanford Beautification Project. (2021-2861)
22. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-125 implementing Budget Amendment Request (BAR) #21-087 in the amount of $500,000 through the Workers Compensation Fund reserves to provide additional funding for Workers Compensation claims. (2021-2827)
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #4 – 2021-2829
Commissioner Dallari explained that during their work session, they talked about the increase of the water and sewer rates. He said staff originally requested a 3.75% and this is showing 4.6%. Until they do the overall master plan, he does not support the 4.6%.
Motion by Commissioner Dallari to increase the water and sewer service charges by 3.75%, which is staff’s original recommendation. Commissioner Zembower seconded the motion with the friendly amendment that they would revisit this in one year, to which the motioner agreed.
Chairman Constantine asked when staff thought the master plan would be completed. Dr. Terry McCue, Environmental Services Director, addressed the Board and advised in connection with the friendly amendment that they do annual rate assessments of revenue sufficiency studies, so he does not believe that amendment is necessary because they already do that. In regard to the master plan, he advised he is expecting it to be finished in September and then be prepared to brief the Board before the end of the year. He noted it will be fully incorporated into next year’s budget.
Commissioner Dallari amended his original motion to revisit the service charge percentage until after the master plan has been submitted and presented to the Board; Commissioner Zembower seconded the motion.
Commissioner Lockhart questioned whether they are asking the County Manager to bring this item back and pull it off of today’s agenda. Chairman Constantine clarified that the motion is to approve the fee increase of 3.75% and that it be brought back for reconsideration in October after the master plan has been completed.
Ms. Guillet suggested that if they think they are going to reconsider this, that they postpone it until that time.
Commissioner Dallari withdrew his motion, and Commissioner Zembower agreed to that.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to postpone this item and bring back in October the request to approve a Resolution amending Section 20.45 of the Seminole County Administrative Code to increase Water and Sewer service charges by 4.6%.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Commissioner Herr confirmed with Dr. McCue that they have done a revenue study, the revenue is not supportive of the expenses for the program, their recommendation was based on that fact, and delaying it for a few months will not harm the situation, but the basis of this request does not go away.
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #5 – 2021-2828
Commissioner Dallari asked when the master plan would be coming back to the Board on the Solid Waste. Dr. McCue advised it would come back by the end of the year; he is not sure in which month, however. He noted the Solid Waste Enterprise fund is cash-flow negative. There are very significant revenue needs, and it will take 10 years of 4.5% rate increases to break even. Commissioner Dallari said he understands that but it is kind of hard for him to support something when he does not have the overall master plan in hand.
Commissioner Zembower stated based on Dr. McCue’s knowledge and the master plan, can he tell them if the master plan is going to significantly impact the revenue side to change the basis of the ask at this point. Dr. McCue responded that on Solid Waste, it would ultimately add expenses. For example, should they expand the Central Transfer Station to take advantage of the property that is adjacent to it. These would be extra costs on top of what is in this plan now.
With regard to public participation, Debbie Smith submitted a Written Comment Form which was read into the record by Chairman Constantine (received and filed). No one else spoke in support or opposition, and public input was closed.
Commissioner Dallari questioned Dr. McCue stating in the overall master plan that he will be bringing back later this year whether they talk about options of once or twice a week pickup. Dr. McCue answered they do not; that would be part of the MSBU program. Commissioner Dallari then wondered what options they have in the overall master plan to recoup some of their costs when it comes to recycling, because that has always been a big issue. He asked if that will be addressed in the master plan, and Dr. McCue replied that it is a topic in the master plan.
Chairman Constantine asked if when this is brought back, could they have discussion about the potential of a once-a-week or twice-a-week pickup. Commissioner Zembower noted that that would be an MSBU discussion. Chairman Constantine explained that he just wanted Dr. McCue to give them some analysis. He wasn’t looking to make a change in the MSBU and was just asking that Dr. McCue, as the expert, be prepared to talk about that at the meeting.
Ms. Guillet noted they are not talking about the MSBU rates and asked Dr. McCue to speak about this for the public because these are different costs. Dr. McCue stated the 4.5% increase is an increase to the tipping fee, which is the cost they collect per ton of garbage that is collected at the landfill. Ms. Guillet added that it is not for residential service rates.
Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve a 4.5% increase for one year, based on the current situation of deficit spending in the fund, thereby authorizing the Chairman to execute appropriate Resolution #2021-R-116 amending Section 20.40 of the Seminole County Administrative Code to increase Solid Waste fees by 4.5%, and to provide an effective date of 90 days after the date of execution of the amendment.
Districts 2, 3, 4, and 5 voted AYE.
District 1 voted NAY.
Motion passes 4 to 1.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Commissioner Herr explained she pulled Items #23 and #24 under the Sheriff’s Office Consent Agenda out of an abundance of caution and will be abstaining from voting because the Sheriff is one of Hylant’s clients.
Commissioner Zembower stated he understands his fellow Commissioner’s concern, but asked how this would affect Commissioner Herr on the budget. County Attorney Bryant Applegate advised because there is a possibility that on at least one of the grants, approval or denial could impact their budget request. Commissioner Herr assured Commissioner Zembower that she had already vetted this with the County Attorney’s Office and she has a written response from them as to the proper protocol.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the following:
Sheriff’s Office
23. Ratify execution and submission by the Sheriff’s Office a Grant Application to the U.S. Department of Justice for 2021 Community Policing Development De-Escalation Training; and authorize the Sheriff to sign future documents relating to the Grant. (2021-2814)
24. Ratify execution and submission by the Sheriff’s Office a Grant Application to the U.S. Department of Justice for the 2021 Edward Byrne Memorial Justice Assistance Grant Program; and authorize the Sheriff to sign documents relating to the Grant, and the Chairperson of the Board to sign the Certifications and Assurances by the Chief Executive of the Applicant Government document. (2021-2815)
Districts 1, 2, 3, and 4 voted AYE.
District 5 abstained from voting.
Memorandum of Voting Conflict, Form 8B, for Items #23 and #24 was received and filed.
PROOFS OF PUBLICATION
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4, and 5 voted AYE.
PUBLIC HEARINGS – QUASI-JUDICIAL
Ex parte communications from all Commissioners in connection with Quasi-Judicial hearings were received and filed.
Agenda Item #25 – 2021-2740 – ADOPTION HEARING
River’s Edge Large Scale FLU & PD Rezone
American Development & Construction, Inc., Applicant
Joy Giles, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. She noted that on May 25, 2021, the BCC voted unanimously to transmit the requested large-scale land use map amendment and rezone to state and regional review agencies, and subject to final approval, approve the associated development order and master development plan with the following amended conditions of approval, which have been included in the Development Order in the agenda package. (1) The maximum number of units will be limited to 65; (2) Impacts to wetlands shall be prohibited; (3) No less than 50% of the landscaping located within the common tracts owned by the HOA shall be Florida-Friendly in compliance with Florida statutes; (4) The development must comply with the Urban Bear Management Code of Ordinances and be referenced in the HOA bylaws; and (5) the existing boardwalk and dock that is currently located on Parcel 6C under the ownership of Brigitte Bergmann is to remain under private ownership until the time at which Phase 2 is developed, and at that time, the dock will be removed.
Ms. Giles advised staff has reviewed letters from the Florida Department of Transportation, the Department of Economic Opportunity, the Florida Department of Environmental Protection, and the Florida Fish and Wildlife Commission, as well as the St. Johns River Water Management District. Regarding the proposed future land use amendment, all letters indicated that the respective agencies did not have any objections to the proposed amendment due to there being no identified adverse impacts to important state resources and facilities. Staff recommends approval.
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Chairman Constantine announced that he will interrupt the public hearing to have a presentation by the True Health Organization.
Janelle Dunn, CEO of True Health – Sanford, addressed the Board and stated this is National Health Centers Appreciation Week. They are recognizing community health centers across the nation and all of the great work that they do. They are having Stakeholder Appreciation this week and they wanted to acknowledge each of the Commissioners for their support and contributions they have made to True Health and the community in general. Certificates were presented to each of the Commissioners.
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Chairman Constantine resumed the public hearing, and Bill Pigozzi, on behalf of the Applicant, addressed the Board. He stated he has met with the Commissioners individually and is here along with Kim Fischer, Cycorp Engineering, Inc., to respond to any questions.
With regard to public participation, the following spoke in opposition: Katrina Shadix, Joseph Humphreys, Linda Barker, Cindy Haller, Wafa Esposito, Kathryn Gelm, and Todd Gelm. Speaker Comment Forms were received and filed. A Written Comment Form in support was received and filed from Janelle Dunn, and in opposition from Deanna Houston and Merrilee Tabbert, which were read into the record by Chairman Constantine. No one else spoke in support or opposition, and public input was closed.
Mr. Pigozzi advised that Commissioner Lockhart suggested they meet with Tina McIntyre who is the Florida-Friendly Landscaping Agent at the University of Florida in connection with the 100% Florida-Friendly landscaping as opposed to the 50%. They met with her to understand what was required. They also had discussions with Chairman Constantine in regard to the same. He noted they support it. He is requesting that they remove the condition of no impact to the wetlands and revise that condition to a maximum impact of 8,000 square feet with no vertical construction on any of that 8,000 square feet. A discussion in connection with the landscaping and wetlands ensued.
Commissioner Herr stated she thinks they need to take Item “J” out of the PD because it does reference 50% and she does not know how they ever thought that was going to be managed. Also, the term Florida-Friendly is in quotes, so that either needs to come out or move to 100% and the reference to Florida-Friendly needs to be the correct reference to whatever it is they are talking about. She appreciates the notion if the University of Florida is coming out with some further direction on some incentives to do this, depending on the timing, that may come into play for the developer after the fact of this PD. She doesn’t believe they should hold this up waiting for that either.
In response to Commissioner Herr’s question about an FWC permit, Ms. Giles advised that at the time of final engineering, the Developer is required to provide an endangered species study for the entire property. If at that time anything is found on the property, they have to go through the process of permitting through FWC before they do any site development. Commissioner Herr also asked where the notion came from that this land was never to be developed because that was mentioned, and Ms. Giles explained that is often a misconception. Vacant land is often perceived as never to be developed until the property owner or developer goes through the entitlement process to be approved to develop the property. She added a portion of the subject site was actually approved in the past to be developed as a PD, but it was never developed. Commissioner Zembower noted that it was approved to be an RV park at the time with a dock into the water.
Commissioner Lockhart asked how far back from the river any development would have to be. Ms. Giles replied there is no overlay buffer requirement from the St. Johns River Water Management District (SJRWMD) for development like there is for the Econlockhatchee River; however, there are wetlands that cannot be impacted. There is also a buffer requirement from the wetlands which is a 15-foot minimum, 25-foot overall average. Commissioner Lockhart noted she recognizes how close this is to the river, but the development to the south is equally as close and this one is less dense. Ms. Giles responded it would have to be 1,000 feet from the river. She confirmed for the Commissioner that the density being proposed is 3.19 and the density of the development immediately to the south is 5.
Chairman Constantine wondered of the 8,000 feet that would impact the wetlands, how many lots would that entail. Ms. Giles replied just the rear portion of approximately four to five lots. Chairman Constantine stated then the applicant is proposing that five of the 65 lots would be partially in the wetlands. Commissioner Herr clarified that would be in exchange for the 100% Florida-Friendly landscaping. Kim Fischer, also on behalf of the Applicant, addressed the Board to explain that for most developments that abut wetlands, they have an approximate wetland line now, so an environmentalist goes out and flags that line, but the SJRWMD cannot confirm that line until they submit formal application. She opined that 9.5 out of 10 times, that line gets adjusted in the field and then they mitigate to whichever direction they have to at that time. So once that line is confirmed, they are asking for a no more than 8,000 square foot impact to any line adjustment that may be made in the future.
Joseph Humphreys from the audience wanted to speak again and was granted that option. He spoke about development, water, Florida-Friendly landscaping and HOAs.
Chairman Constantine expressed he thinks they should require that there is no development of lots within the wetlands adding they need to have the bear awareness and Florida native plants included, but not in the development order. Ms. Guillet clarified that they have provisions in the Land Development Code for landscaping common areas and they are water-efficient related provisions. Her concern is they cannot enforce requirements on individual lots and there are many different terms like native plants as opposed to Florida-Friendly plants.
Commissioner Lockhart asked when the County develops properties that they own whether they ever impact wetlands. Ms. Guillet advised there are occasions when that happens and Five Points is an example of that. They had to buy mitigation credits related to that project. Commissioner Lockhart said she understands the sensitive nature of this particular project and its location, but there is 8,000 square feet of wetlands that are not pristine wetlands. The Department of Environmental Protection (DEP) grades wetlands and there is a gradation system. As a County they do impact wetlands when they do some developments, whether for Fire Stations or whatever it might be. She opined they should not enforce something on someone else when they don’t adhere to it themselves.
Commissioner Zembower opined that anyone that lives on a lake has developed wetlands. If they ever have the notion that wetlands would never be impacted is a stretch. The majority of the properties in and around their waterbodies at some time were wetlands, but they are not building on them. He is intrigued that the developer is willing to put a deed restriction in place as part of the covenants of the HOA, but he also understands he may want to talk to his legal counsel before doing so. He assumed they are going to have an HOA in this development because they talked about that previously with the bear awareness items, which the developer has agreed to include in those covenants. He confirmed with Mr. Pigozzi that he is willing to include a deed restriction that the development will have 100% Florida native landscaping.
Upon inquiry by Commissioner Herr, Mr. Pigozzi explained he agreed to do 100% Florida-Friendly landscaping because he met with Ms. McIntyre (UF/IFAS Extension) and after reading everything they were given, they agreed that they could do that. He wholly supports it. The cost is maybe only $750 per house to get to the Florida-Friendly.
Commissioner Lockhart expressed Commissioner Zembower used the term “native landscaping” which is different from “Florida-Friendly.” Some people define native landscaping as those plants that were here when Columbus arrived. Ms. Guillet added that they actually identify native plants in the Land Development Code and they are limited. There are plants that are low water plants and do well in Florida but are not considered native. If the term native gets into the development order, that is how they will determine compliance. Rebecca Hammock, Development Services Director, addressed the Board to clarify that their interpretation of the original requirement of 50% Florida-Friendly is that the plant list would be from the UF/IFAS Extension list, and if this were the requirement for the common areas, they would use that list and make sure that the landscape plans that are submitted are listed in the Florida-Friendly plant list.
Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt Ordinance #2021-31 enacting a Large Scale Future Land Use Map Amendment from Suburban Estates and Planned Development to Planned Development; adopt the associated Ordinance #2021-32 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 approximately 134.67 acres, located on the east side of East Lake Mary Boulevard, approximately one-half mile north of SR 46; and the homeowners’ deed restrictions and governing documents will dictate 100% Florida-Friendly landscaping; American Development & Construction, Applicant; as described in the proof of publication.
Chairman Constantine confirmed that Item “J” would be taken out of the development order.
Districts 1, 2, 3, and 5 voted AYE.
District 4 voted NAY.
Motion passes 4 to 1.
Chairman Constantine recessed the meeting at 4:03 p.m.; reconvening at 4:13 p.m. with all Commissioners and all other Officials, with the exception of Commissioner Zembower, who were present at the Opening Session.
Agenda Item #26 – 2021-2769
Sipes Avenue Rezone / Anh Vu, Applicant
Ms. Giles reviewed 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 Herr, seconded by Commissioner Dallari, to adopt Ordinance #2021-33 enacting a Rezone from R-3 (Multi Family Dwelling) to R-1 (Single Family Dwelling) on approximately 0.19 acres, located on the west side of Sipes Avenue, south of Kings Road; Development Order; Anh Vu, Applicant; as described in the proof of publication.
Districts 1, 3, 4, and 5 voted AYE.
District 2 was not in attendance for the vote.
PUBLIC HEARINGS – LEGISLATIVE
Agenda Item #27 – 2021-2834
Seminole County Port Authority (SCOPA)
FY2022 Budget Presentation
Commissioner Zembower re-entered the meeting at this time.
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Andrew Van Gaale, Port Authority Administrator, addressed the Board to present their proposed FY2021/22 Budget as outlined in the agenda memorandum. He noted that their Board of Directors’ Chairman, Matt Criswell, is also in attendance today. Mr. Van Gaale then highlighted accomplishments over the past year by the Port.
Commissioner Herr stated she highly encourages them to get the buildings built to get revenue generating in the new plan. She thinks the Board should be supportive of that.
Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve the Seminole County Port Authority’s proposed Budget for FY2021/22 as presented; as described in the proof of publication.
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.
Agenda Item #28 – 2021-2872
Seminole County Code Section 45.123
Non-Consensual Tow Rates
Meloney Koontz, Assistant County 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 Zembower, seconded by Commissioner Dallari, to adopt Ordinance #2021-34 amending Part 4 (Seminole County Towing Ordinance) of Chapter 45 (Business Regulations) Section 45.123 (Rules and Rates), of the Seminole County Code, increasing the non-consensual tow rate, non-consensual per mile rate, the non-consensual tow waiting period rate, and the trespass or non-consensual tow daily storage rate and the addition of definitions; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY MANAGER’S REPORT
Ms. Guillet stated she had sent all the Commissioners a proposed outline for a vaccination incentive for their employees. They are seeing exposures and quarantines really impacting their ability to have a continuity of service and there are some business costs related to that. She thinks it is best to provide incentive to try to get as many people in the organization vaccinated as possible. It would provide employees who can demonstrate proof of being fully vaccinated one day of paid time off (PTO) as an incentive.
Motion by Commissioner Herr, seconded by Commissioner Dallari, to approve eight hours of PTO as an incentive for County employees who can show proof of being fully vaccinated.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Ms. Guillet said they had ceased having hybrid meetings in July because they thought the pandemic was waning. Until the number of cases starts to level out again, she asked for the Board’s thoughts about going back to having hybrid meetings on a temporary basis. Chairman Constantine responded that he feels that is a very good suggestion because the less citizens that are exposed the better. There was consensus of the Board to return to hybrid meetings temporarily.
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Ms. Guillet advised they received notice that the redistricting data from the census will be released on the 12th of August, which means they will kick off their redistricting efforts for county offices. They will finalize and distribute that tentative schedule that they had put together with the County Attorney’s Office.
COUNTY ATTORNEY’S REPORT
No report.
FUTURE AGENDA ITEMS
None submitted.
PUBLIC COMMENT on Items Not Related to the Agenda
Katrina Shadix addressed the Board and stated she is the Executive Director of Bear Warriors United. She explained she wanted to discuss the county-mandated and taxpayer-funded poisoning of the wildlife. She talked about the many manatees that are dying. After contacting state lawmakers and distributing jars of dirty Indian River lagoon water, they allocated over $8 million to the FWC (Florida Fish and Wildlife Conservation Commission) to help manatees. She talked about the St. Johns River, algal blooms and mass die-offs. In addition, she stated boat strikes, starvation and contaminated water have resulted from overdevelopment, bad land management decisions by lawmakers and county commissioners, and dumping sewage, fertilizers, pesticides, herbicides, and weed killers into their waters and onto their lands. She asked for an immediate moratorium on the spraying of chemicals and to reallocate money to the mechanical removal of plants labeled as invasive. County Attorney Applegate commented it is something County staff would have to look at and there are numerous state requirements.
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Linda Barker addressed the Board and distributed a photo of Mellonville Avenue and a bar chart/traffic study (received and filed). She discussed traffic issues on Mellonville between Airport Boulevard and East Lake Mary Boulevard. She talked about excessive speed on that road, semitrucks knocking branches off the tree canopy, the traffic study, and school buses. She is asking for three-way stops on Onora and Cornwall, and a four-way stop at Whippoorwill and Silver Lake so that maybe the trucks will not go that way. She said they currently have a sidewalk from Lake Mary Boulevard to Cornwall and they would like this continued to Airport Boulevard along with a protected bike lane on a county easement with a landscape buffer between the pedestrian/bike area and the roadway. She is asking direction as to what entities can provide support or funding to reduce the traffic and high speeds. Commissioner Herr stated this is in her district and she will have her assistant contact her for direction about what to do next.
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Steve A. Shard addressed the Board and distributed an architectural site plan and photographs (received and filed). He talked about the sidewalk initiative at Sanlando Springs and thanked the Board for getting the funding for that. He discussed issues with the plans for the sidewalk (written details received and filed). He advised that he spoke with Jean Jreij, Director of Public Works, who agreed to visit the site and come up with a satisfactory conclusion. Mr. Jreij confirmed they will meet in the field to ensure that everyone understands and they will resolve the issues.
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Wafa Esposito addressed the Board stating the Orange Boulevard project has been delayed and she has been trying in the meantime to find out what mini shade trees will be put there. The project calls for nice sidewalks, a multiuse path. When she looks at the Seminole Boulevard project, which she thinks is under the jurisdiction of Sanford, there are no shade trees so it is a sidewalk to nowhere. She would like to know the plan so they are not surprised at the end. Ms. Hammock explained to the Board that she advised Bill White, Public Works staff who is working on that project, but she will bring it to his attention again.
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Commissioner Zembower left the meeting at this time.
DISTRICT REPORTS
District 4
Commissioner Lockhart thanked the Board for allowing her to attend remotely and she asked that everyone take advantage of the free vaccine clinics that are being offered. She added the vast majority of people being hospitalized due to COVID have not been vaccinated. She also thanked Emergency Management staff and the healthcare workers.
District 5
Commissioner Herr thanked Alan Harris, Emergency Management, and Donna Walsh, Health Department, who did an excellent presentation at CALNO and fielded a number of questions which she felt went well above the call of duty on both their parts.
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Commissioner Herr stated in light of the number of open positions the County currently has and in light of some of the decisions with surrounding counties with regard to mandates on employees, she recommends they start recruiting. They have a tremendous county and a tremendous opportunity, a management team that is respectful of personal choice, and she thinks it would be a mistake not to be out there with regard to that.
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Commissioner Herr encouraged people to get vaccinated for COVID-19 if they haven’t already. She congratulated the team because in roughly a month, another 34,000 individuals were vaccinated, which is roughly 64%. She opined it is a great step in the right direction but it is not as far as they need to be yet.
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Commissioner Herr thanked the Midway Canaan Community Water Association for coming in en masse to meet with her. They had an exceptionally collaborative discussion that she thought was fantastic.
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Commissioner Herr also thanked the team that came in and met regarding Five Points, and they included Wharton-Smith, HKS, and the project management advisors. She thought it was a very productive meeting. She added Deputy County Manager Joe Abel and his team were equally as productive and she appreciates all their efforts.
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Commissioner Herr announced that Dr. Georgia Lorenz, President of Seminole State College, was recognized by the Orlando Business Journal as one of the candidates for CEO of the year, which is pretty awesome.
District 1
Commissioner Dallari said he is looking forward to an update from County staff regarding the Special Olympics next year. He mentioned he received information from Wayne Rich, an attorney who represents many of the billboard owners up and down I-4, and he said they would be willing to help promote any of those athletes on any unused billboards during that timeframe. The Commissioner also spoke to SunRail folks and they are looking at trying to get a train wrap of the Special Olympics athletes. He requested the Chairman also broach this subject with LYNX to see about maybe getting some bus wraps in and around Central Florida.
District 3/CHAIRMAN’S REPORT
Chairman Constantine reported that a community MSBU meeting has been scheduled regarding Deer Run on August 17th. Commissioner Dallari stated he will be in attendance.
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Chairman Constantine advised of the appointments and reappointments he would like to make in connection with boards and committees.
Motion by Commissioner Dallari, seconded by Commissioner Herr, to appoint Angela Fleming to the Parks and Preservation Committee and to send a letter of appreciation to Ms. L.A. Keys for her service on that committee.
Districts 1, 3, 4, and 5 voted AYE.
District 2 was not in attendance for the vote.
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Motion by Commissioner Dallari, seconded by Commissioner Herr, to reappoint Mark Wesson as Mechanical Contractor and as Consumer, Heather McCandless, to the Contractor Examiner Board, and to send a letter appreciation to Marti Chan for her service on that board.
Districts 1, 3, 4, and 5 voted AYE.
District 2 was not in attendance for the vote.
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Chairman Constantine noted the following appointment is made by the BCC.
Motion by Commissioner Dallari, seconded by Commissioner Herr, to reappoint Mark Reyes to the Law Library – Fred R. Wilson Memorial Board of Trustees.
Districts 1, 3, 4, and 5 voted AYE.
District 2 was not in attendance for the vote.
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Chairman Constantine announced the locations where individuals can go to get free vaccinations.
COMMUNICATIONS AND/OR REPORTS
Memorandum dated August 9, 2021 from Jim Zingale, Executive Director, Property Tax Oversight, Florida Department of Revenue, to BCC re: Notification of Receipt of Tax Collector Budgets.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:00 p.m., this same date.
ATTEST:_____________________________Clerk___________________________Chairman
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