BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

August 24, 2021

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, August 24, 2021, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Lee Constantine (District 3)

Vice Chairman Amy Lockhart (District 4)

Commissioner Robert Dallari (District 1)

County Manager Nicole Guillet

County Attorney Bryant Applegate

Clerk of Court and Comptroller Grant Maloy

Deputy Clerks Kyla Farrell and Chariti Colon

Attending Remotely:

Commissioner Jay Zembower (District 2)

OPENING CEREMONIES

Reverend Meghan Killingsworth, First United Methodist Church, Sanford, gave the invocation. A citizen led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2021-2866

Motion by Commissioner Herr, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Colonel Ephraim E. Grubbs III, United States Army, as Seminole County's August Veteran of the Month.

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

Chairman Constantine announced the passing of Captain Richard “Robbie” Roberts, U.S. Navy, at 107 years old. He was one of the oldest veterans in the U.S. and the Chairman noted all of his accomplishments.

Agenda Item #2 – 2021-2868

Deputy Fire Chief Matt Kinley played a video remembering September 11, 2001.

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt a Proclamation proclaiming September 11, 2021, as Patriot Day in Seminole County, Florida.

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

CONSENT AGENDA

With regard to public participation, Cindy Haller spoke regarding Agenda Item #3, American Rescue Plan Act Recovery Plan; meeting participation via Zoom; and natural lands. Ms. Guillet noted the County funded the Zoo with CARES Act money. With respect to parks and natural lands, there are some limitations under the American Rescue Plan as to what they can spend money on. When it comes to recreational amenities, the Act is very targeted towards disadvantaged neighborhoods, so staff has put a focus on that in the spending plan. There also has to be a connection to COVID-19 and the expenditure of dollars. There is an option under revenue replacement to spend some of those funds on general government services, so there may be some opportunities there; but the Board has indicated with respect to revenue, the priority has been budget stabilization. Commissioner Zembower suggested that the presentation that was presented by Ms. Guillet at the last meeting should be forwarded to Ms. Haller. Also, as the Board’s designated member on the Zoo board, the Zoo is very appreciative of the $1.4 million from the COVID money that was given to the Zoo. The Zoo is in a pretty good spot right now, so he doesn’t see that there is a big need. The Commissioner pointed out they’ve committed $6 million to a mental health program with the Sheriff’s Office and he believes the other Cities are going to attempt to fill the gap of the other $3 million.

Nancy Harmon spoke regarding Agenda Item #3. Ms. Guillet stated regarding revenue loss in 2020, she is not able to provide an exact number today, but staff can get Ms. Harmon that information. With respect to revenue replacement dollars, the number that staff has included in the proposed plan is based on a formula that was developed by the Treasury Department that brings in a lot of factors including historic revenue growth. The intention of the revenue replacement under the Rescue Plan is not simply to replace revenue that was lost in 2020. There is an anticipation that revenue growth in local governments across the nation will decline; it has declined, they’ve seen that already, and it will continue to decline through the term of the rescue plan dollars. The reason staff recommended that they use part of the revenue replacement dollars simply for budget stabilization is so that they can maintain a millage rate at the lowest possible level, and they can continue to provide services despite the increase in costs to the County to provide those services. The use of all of those revenue replacement dollars is for general government services. Commissioner Zembower requested that a document be shared to the public that was drafted by Senior Assistant County Attorney Desmond Morrell explaining what exactly the funds can be used for.

No one else spoke in regard to the Consent Agenda, and public input was closed.

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

County Manager’s Office

Business Office

3. Approve submittal of Seminole County’s American Rescue Plan Act (ARPA) Recovery Plan Yearly Performance Report to the U.S. Treasury. (2021-2867)

Human Resources

4. Approve the Employee Regular and Wellness Preferred benefit premium rates for Plan Year 2022. (2021-2875)

Community Services

Community Development

5. 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 July 2021. (2021-2843)

6. Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification form for The State Housing Initiatives Partnership Program (SHIP) Annual Performance Report (APR). (2021-2846)

7. Adopt appropriate Resolution #2021-R-126 appointing a new member to the Seminole County Affordable Housing Advisory Committee (AHAC) representing the Mortgage and Banking Industry pursuant to Chapter 420, Part VII, Florida Statutes, Chapter 40, Part 12, of the Seminole County Code, and Section 4.4 of the Seminole County Administrative Code. (2021-2851)

Development Services

Planning and Development

8. Authorize release of Performance Bond #30088213 for right-of-way utilization for roads, streets, and drainage, in the amount of $66,562.19 for Pine Crest Elementary School. (2021-2787)

9. Authorize release of Performance Bond #SU1162761 for roads, streets, and drainage, in the amount of $197,970.83 for Brookmore Estates Phase 3. (2021-2813)

10. Authorize the release of Private Road Maintenance Bond # LAIFSU0737070 in the amount of $156,843.48 for Water’s Edge at Hawk’s Crest Phase 3A. (2021-2837)

11. Authorize the release of Private Road Maintenance Bond # 30068962 in the amount of $171,435.24 for Water’s Edge at Hawk’s Crest Phase 3B. (2021-2838)

12. Approve the Plat for the Townhomes at River’s Edge subdivision containing fifty-three (53) lots on 7.83 acres zoned Planned Development (PD), located at the corner of Missouri Avenue and Orange Boulevard. (2021-2852)

13. Approve the Minor Plat for Astor Estates subdivision containing four (4) lots on 6.94 acres zoned A-1 (Agriculture), located on the north side of Orange Boulevard, approximately ½ mile north of W. S.R. 46. (2021-2853)

Public Works

Engineering

14. Approve and authorize the execution and recording of an Underground Easement (Business) to Florida Power & Light Company for electrical service on property owned by Seminole County related to the proposed Juvenile Detention site. (2021-2855)

15. Adopt appropriate Resolution #2021-R-127; and authorize the Chairman to execute the Aesthetic, Lighting, Hardscape, Mast Arms and Fire Suppression System Agreement between the State of Florida, Department of Transportation (FDOT) and Seminole County for the Ultimate Interstate 4 Project Amendment Number 1. (2021-2850)

16. Adopt appropriate Resolution #2021-R-128; and authorize the Chairman to execute an Off-System Construction and Maintenance Agreement between State of Florida, Department of Transportation (FDOT) and Seminole County in conjunction with the reconstruction of the State Road 400 (Interstate 4) from the Orange County Line to one mile north/east of State Road 434. (2021-2849)

Traffic Engineering

17. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-129; and Joint Participation Agreement (JPA) between Seminole County and the State of Florida, Department of Transportation (FDOT) for the design of a traffic signal on State Road 415 (E Lake Mary Boulevard) at Celery Avenue with painted mast arm structures. (2021-2876)

18. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-130; and a Maintenance Operations Agreement between the State of Florida Department of Transportation (FDOT) and Seminole County, for the Arterial Dynamic Message Signs (ADMS). (2021-2877)

Resource Management

Budget

19. Approve and authorize the Chairman to execute a Joint Participation Agreement (JPA) with the State of Florida, Department of Transportation (FDOT) in acceptance of $833,405 for the Midway/Riverbend Landscape Project specifically the medians of State Road 46 from Hellcat Lane to east of State Road 415. (2021-2840)

20. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-131 implementing Budget Amendment Request (BAR) #21-088 through the 2014 Infrastructure Sales Tax Fund to allocate additional funding in the amount of $30,548 from reserves for the Smith Canal/Lake Monroe Basin Study (CIP#02007111). (2021-2848)

21. Approve submittal of a grant application to the State of Florida Department of Environmental Protection FY21-22 Water Protection Funds Resilient Florida Grant Program for the design and construction of projects identified in the Midway Basin Engineering Study; and authorize the County Manager to execute all documents associated with the grant described in this memo including the application, the contract, and all Budget Amendment Requests (BAR) funding appropriations. (2021-2845)

Purchasing and Contracts

22. Award RFP-3722-21/TAD - Landfill Water Quality Monitoring Services to The Colinas Group, Inc. of Altamonte Springs; and authorize the Purchasing and Contracts Division to execute the Agreement. Estimated Annual Usage - $200,000.00. (2021-2835)

23. Approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and authorize the Purchasing and Contracts Division to execute one (1) Agreement for PS-3761-21/RTB - CEI Services for EE Williamson Rd. Trail/Longwood Hills Rd. SW & Rangeline Rd. Intersection Improvements. Estimated Term Usage $453,591.15. (2021-2839)

24. Award CC-3757-21/GCM - Sanlando Sidewalks Phase 2 to Condor Construction Corporation, Orlando, in the amount of $1,178,793.20; and authorize the Purchasing and Contracts Division to execute the Agreement. (2021-2847)

Under discussion, Commissioner Herr advised regarding Agenda Item #3, she inquired through the County Attorney’s Office, who also inquired through the Ethics Commission, that she can vote on Agenda Item #3.

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

County Attorney’s Office Consent Agenda Item #25

County Attorney Bryant Applegate presented the item as outlined in the agenda memorandum. This item was originally approved in 2018, but this request is for additional funding.

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve appropriate Resolution #2021-R-132 in accordance with Section 147(f) of the Internal Revenue Code approving the issuance by the Palm Beach County Health Facilities Authority of that Authority’s revenue bonds, in one or more series, for the purpose of providing funds to make a loan or loans to Lifespace Communities, Inc. to, among other things, finance and refinance certain facilities located or to be located in Seminole County, Florida. (2021-2862)

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office - Item #26

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve Expenditure Approval Lists dated July 13, 20, 27, and August 3, 2021; and Payroll Approval Lists dated July 22, and August 5, 2021. (2021-2856)

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

Clerk & Comptroller’s “Received and Filed” Documents

  1. Audit Reports in connection with CARES Funding prepared by the Division of Inspector General, Clerk of the Circuit Court and Comptroller’s Office as follows: 1) Phase 1 – Individual Assistance; 2) Phase 1 – Small Business Assistance; 3) Phase 2 – Individual Assistance; and 4) Phase 2 – Small Business Assistance.

  2. Florida Public Service Commission Orders as follows: PSC-2021-0260-PAA-EQ issued July 19, 2021; PSC-2021-0271-PCO-EI issued July 28, 2021; and PSC-2021-0295-CO-EQ issued August 4, 2021.

  3. Kiosk Testing Agrmt w/Curative Inc. for additional COVID testing programs within the county.

  4. Homeowner’s Assistance Agreement in connection with the sale of 1606 W. 3rd Street (one of four townhomes constructed by Habitat for Humanity); as approved by the BCC on July 24, 2018 (2018/19 One-Year Action Plan).

  5. First Amdmt to 2019/20 HOME Program Agrmt with Habitat for Humanity of Seminole County and Greater Apopka, Inc.; as approved by the BCC on July 23, 2019 (2019/20 One-Year Action Plan).

  6. First Amdmt to HOME Program Community Housing Development Organization Agrmt with Housing and Neighborhood Development Services of Central Florida, Inc. (HANDS); as approved by the BCC on July 23, 2019 (2019/20 One-Year Action Plan).

  7. Restrictive Use Covenant for 2408 Marshall Avenue, Sanford, under the Habitat for Humanity 2019/20 HOME Program Agrmt; as approved by the BCC on July 23, 2019 (2019/20 One-Year Action Plan).

  8. ESG-CV Subrecipient Agrmt (Street Outreach) with the Christian Sharing Center Inc., Program Year 2021/22; as approved by the BCC on May 12, 2020 (Substantial Amendments to HUD – COVID-19, 2015-2019 Consolidated Plan and the 2019/20 One-Year Action Plan).

  9. ESG-CV Subrecipient Agrmt (Prevention) with the Christian Sharing Center Inc., Program Year 2021/22; as approved by the BCC on May 12, 2020 (Substantial Amendments to HUD – COVID-19, 2015-2019 Consolidated Plan and the 2019/20 One-Year Action Plan).

  10. First Amdmt to ESG-CV Subrecipient Agrmt with Rescue Outreach Mission of Central Florida, Inc., Program Year 2020/21; as approved by the BCC on November 10, 2020 (Substantial Amdmts to 2015-2019 Consolidated Plan and the 2019/20 One-Year Action Plan).

  11. CDBG Funding Approval/Grant Agrmt, U.S. Department of Housing and Urban Development (HUD Form 7082); as approved by the BCC on February 23, 2021 (2020-2024 Consolidated Plan and the 2020/21 One-Year Action Plan).

  12. ESG Subrecipient Agrmt with Rescue Outreach Mission of Central Florida, Inc., Program Year 2020/21; as approved by the BCC on February 23, 2021 (2020-2024 Consolidated Plan and the 2020/21 One-Year Action Plan).

  13. 2021/22 One-Year Action Plan Certifications, Forms SF-424, and Assurances; as approved by the BCC on July 27, 2021.

  14. Tourist Tax Funding Agrmts with Proswings.com, LLC for the Proswings College Exposure Camp; and with City of Altamonte Springs for the Babe Ruth Southeast Rookie Regional Baseball Tournament.

  15. Pet Rescue Cooperative Services Agrmt with Sadies Heart Animal Rescue.

  16. Parks Contract for Associate Tennis Pro with Taryn Lyon.

  17. Maintenance Bond #1001127 (Streets, Curbs, Storm Drains) for Smart Office Lake Mary f/k/a Country Club Professional Plaza in the amount of $6,787.79.

  18. Maintenance Bond #016231777 (Streets, Curbs, Storm Drains) for Benton House of Oviedo in the amount of $6,528.00.

  19. Maintenance Bond #3865720 (Streets, Curbs, Storm Drains) for Davita Dialysis Apopka in the amount of $4,149.45.

  20. Cash Maintenance Bond (Paving & Drainage Improvements) for Wellington Business Center in the amount of $3,450.00; Wood Knot Construction Co., LLC.

  21. Certificate of Public Convenience and Necessity (COPCN) for United Medical Transportation, LLC; as approved by the BCC on November 10, 2020 (new company name).

  22. Notice to Proceed for CC-3733-21 with Schuller Contractors, Inc. for Hibiscus Lane Water Quality Improvements.

  23. Ingress and Egress Easement with CFCW Red Bug, LLC (Public Easement through the Top Dog Car Wash property).

  24. Certificate of Costs of Abatement, 3451 Dawn Court, C. Ciuba; Unsecured Pool Lien.

  25. Development Orders #21-30000035, 131 Salem Street, Tonny Johnson; #21-30000039, 1445 Sweetwater Lane, Robert and Sandra Erskine; #21-30000040, 114 Turner Lane, Carlos Meneses and Yuliaines Rodriguez; #21-30000041, 3545 Moss Pointe Place, Brittany and Jonathan Shivers; #21-30000042, 2039 White Pelican Terrace, Elisa Villane; #21-30000043, 1582 Dixie Way, Habitat for Humanity of Seminole County; #21-30000046, 605 E. Highland Street, Karel Rodriguez and Liliet Barrera; #21-30000047, Lot 1 Sipes Avenue, Travis Barr; #21-30000048, 707 Blue Lake Drive, Laura Walker; #21-30000049, 1040 Merritt Street, Florida Investment and Development Holdings, LLC; #21-30000050, 8101 Lazy Bear Lane, Francis and Helen Nicholson; #21-30000052, 3868 E. Lake Mary Boulevard, Park 4 Dayz II, LLC; and #20-30000068, 3535 Michigan Street, Darshan Patel.

  26. Conditional Utility Agrmts for potable water and wastewater services with CFCW Red Bug, LLC for the project known as Top Dog CarR Wash; and with M/I Homes of Orlando, LLC for Bartram’s Landing at St. John’s.

  27. Amdmt #7 to W.O. #40 to PS-0009-15 w/Inwood Consulting Engineers, Inc.

  28. Amdmt #4 to W.O. #59 to PS-0009-15 w/Metric Engineering, Inc.

  29. Closeout to W.O. #29 to CC-0559-15 w/Southland Construction, Inc.

  30. Amdmt #1 to W.O. #29 to PS-1320-17 w/Southeastern Surveying and Mapping Corp.

  31. Amdmt #1 to W.O. #35 to PS-1320-17 w/Wood Environmental & Infrastructure.

  32. Amdmt #1 to W.O.s #38 and #39 to PS-1320-17 w/Southeastern Surveying and Mapping Corp.

  33. W.O. #43 to PS-1320-17 w/Southeastern Surveying and Mapping Corp.

  34. C.O. #1 to W.O. #12 to CC-1391-17 w/Schuller Contractors, Inc.

  35. Amdmt #1 to W.O. #8 to PS-1473-17 w/S2L, Inc.

  36. Amdmt #2 to W.O. #10 to PS-1522-17 w/Tierra, Inc.

  37. Amdmt #2 to W.O. #15 to PS-1666-07 w/Inwood Consulting Engineers, Inc.

  38. Amdmt #2 to W.O. #22 to PS-1822-18 w/Jacobs Engineering Group, Inc.

  39. Amdmt #1 to W.O. #26 to PS-1822-18 w/Reiss Engineering, Inc.

  40. Amdmt #1 to W.O. #27 to PS-1822-18 w/AECOM Technical Services, Inc.

  41. W.O. #40 to PS-1822-18 w/Carollo Engineers, Inc.

  42. Amdmt #1 to W.O. #37 to PS-1832-18 w/Tierra, Inc.

  43. Closeout to CC-2154-18 w/Leisure Construction Group, Inc.

  44. Closeout to CC-2466-19 w/Morrissette Electric, Inc.

  45. Amdmt #7 to W.O. #5 to PS-2468-19 w/S&ME, Inc.

  46. First Amdmt to DB-2551-21 w/Wharton-Smith, Inc.

  47. W.O. #3 to PS-2552-19 w/Dewberry Engineers, Inc.

  48. First Amdmt to DB-2785-19 w/Wharton-Smith, Inc.

  49. W.O.s #10 and #11 to PS-2826-20 w/ATKINS North America, Inc.

  50. W.O. #12 to PS-2826-20 w/Inwood Consulting Engineers, Inc.

  51. W.O. #13 to PS-2826-20 w/Pegasus Engineering, LLC.

  52. Closeout to CC-3181-20 w/Gomez Construction Co.

  53. C.O. #3 to CC-3398-20 w/Construct Co., Inc.

  54. C.O. #1 to CC-3426-20 w/CTR III Enterprise Inc./Control Engineering Group.

  55. CC-3697-21, Tanglewood Drainage Improvements, w/GPS Civil Construction, Inc.

  56. CC-3733-21, Hibiscus Lane Water Quality Improvements, w/Schuller Contractors, Inc.

  57. IFB-604105-21, Term Contract for Road Truck Rentals, w/Maudlin Trucks, LLC d/b/a Cumberland Idealease.

  58. Bids as follows:

PS-3761-21 from Tierra, Inc.; Consor Engineering, LLC; Volkert, Inc.;

PS-3679-21 from CGL Companies, LLC; DLR Group, Inc.; Heery Design – A SLAM Studio; Schenkel & Shultz, Inc.; Silling Architects, Inc.; and

IFB-604120-21 from Alta; Herc Rentals, Inc.; National Equipment Dealers; Ring Power; Synergy Rents, LLC; Trekker Tractor; United Rentals.

REGULAR AGENDA

Agenda Item #27 – 2021-2844

RFP-604124-21/TKH – Financial Advisory Services

Markley Jean-Charles, Purchasing Division Manager, addressed the Board and presented the item as outlined in the agenda memorandum.

Chairman Constantine stated this is a policy from the 1990s and it is not like some of the others; this is one that the Board established as a policy that they would do this in a ranking form. His question is whether or not they could do it as a motion if the Board felt so inclined. Ms. Guillet explained it is an uncodified policy; it is a policy based on direction given at a meeting and has been on ongoing practice. It is up to the Board how they want to handle it.

Commissioner Herr stated her recommendation is that as a result of this being this far down the road in this format, they should go ahead and move forward with it. She would be happy to make a recommendation to approve PFM Financial Advisors, LLC as the vendor for this contract. She advised that she is less comfortable than perhaps past Commissioners have been with following an uncodified policy, and they should fix that for future use. She is also less comfortable with the Board being the evaluation team. Chairman Constantine stated he also feels very uncomfortable with this and that he would have preferred a staff recommendation with this policy not being codified. He believes Commissioner Herr’s recommendation is appropriate.

Commissioner Lockhart stated while they don’t have a ranking from the evaluation team, they do have scores so they kind of have a ranking. She is curious because it looks like every evaluator’s score is an aggregate so it is hard to associate a comment with a score. Also, she has worked with a couple of these firms and they all know people in this space and talk to people who work with different firms. The firms are more about the people and the team that they’re pulling together. Her thought process was to look at the top two scoring firms. She thinks they are both very capable, competent firms. One is a big powerhouse, and one is more of a smaller concierge-type. She isn’t sure that one is better than the other. It would be their team and staff who is working with these folks diligently, so it’s about their level of comfort. She concurred that she would prefer that if staff is going to go through the work and the effort of being asked to review the submittals, that the Board takes their advice and input for all that it’s worth and not just the parts and pieces that provide flexibility.

Commissioner Zembower stated they’ve had this discussion at least four times since he has been on the Board. What he believed they discussed was that the staff qualifies those who have submitted their information; and then of those submittals, the Board should hear presentations as a Commission and make a decision based on the presentation. That provides transparency.

Commissioner Dallari advised he has been involved in several bonds that this County has done over the years. It is about relationships, and it’s about the ability to get the job done. The financial advisor is key, and it’s key how they perform. In the past, they have not had as great of a bond rating as they have today. It’s not everything you see in the presentation, and it’s not sometimes what staff is looking at. Staff does a phenomenal job, but they should be evaluating all of the people that applied to make sure that they are competent; and then it would be prudent of the Board to hear the presentation. It is important that in the future they have full transparency so that the people that are answering to the citizens are making those decisions and they aren’t just taking what staff is telling them. If you look at the numbers, a lot of people are getting consistent numbers across the Board. PFM does a phenomenal job in his opinion, and they stand out. The way the market is, Commissioner Dallari feels they need a powerhouse like PFM to represent not just the Board but all of Seminole County. He thinks they should tweak the policy a little bit by seeing presentations for more transparency, then it’s up to the Board to make that decision. He reiterated he believes PFM is the firm they should go with, but they should also be ranking them in case they can’t come to a deal with their first choice. Chairman Constantine agreed that they should have a secondary firm.

Motion by Commissioner Dallari, seconded by Commissioner Herr, to rank PFM Financial Advisors, LLC as #1 and Hilltop Securities, Inc. as #2.

Under discussion, Commissioner Herr stated with regard to PFM, the negotiation needs to include the elimination of some of the additional fees that were not outlined in the contract. They were the only ones that put things in like copying and faxing, which is often an area of consulting that can add up unintendedly.

Commissioner Dallari amended the motion to accept the seconder’s recommendation.

Commissioner Lockhart asked for clarification on the secondary firm because she believes they are supposed to pick one firm. Chairman Constantine stated it is his understanding that the motion is to negotiate with PFM; and if those negotiations along with the friendly amendment do not work out, then to enter into negotiations with firm #2. Commissioner Lockhart stated she is not comfortable with Hilltop as the #2 firm. They have done a wonderful job in the past, but they have an almost entirely new team that is not the team that they’ve been working with which may be why staff’s scoring was not reflective of the experience that the County has had with them in the past. She believes they should go with the scoring that staff provided. She asked if the motioner would amend the motion to the first and second scoring provided by staff which was PFM and Frasca & Associates, LLC.

Mr. Jean-Charles stated staff is asking the Board to select and award to one firm. There is no intention to go back and negotiate. It is just going to be that one firm. They will go back and address the additional fee issue Commissioner Herr discussed; however, the choice they make today is the firm they will award to.

Commissioner Dallari stated he will withdraw his motion, and the seconder agreed.

Motion by Commissioner Dallari, seconded by Commissioner Herr, to Award RFP-604124-21/TKH - Financial Advisory Services to PFM Financial Advisors, LLC; negotiate the added fees for administrative services; and authorize the Purchasing and Contracts Division to execute the Agreement.

Under discussion, Commissioner Zembower asked how the change of personnel at Hilltop impacts their ability to perform. Commissioner Lockhart commented she thinks it is something worth noting, and it may be more appropriate to have a conversation with those folks at a later date. Discussion ensued. Lorie Baily-Brown, Resource Management Director, addressed the Board and explained as far as staff change, there has been a team change. In the scores that were provided by the evaluation committee, pricing was a big factor; 25%. She doesn’t think the team change was necessarily weighed into the scores. It has been very soon to tell what the new team is like. Discussion ensued.

In regard to public participation, no one spoke in regard to Agenda Item #27, and public input was closed.

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

Commissioner Lockhart asked if there is consensus of the Board to ask staff to provide the Board with a recommendation for how they should handle these types of procurements in the future; possibly look at other counties and what their processes are. She is tiring of having the same scenario over and over again. They always seem to come to the same place and refer to something that has been a practice since the 90s; and then they lather, rinse, repeat. Chairman Constantine responded he was also going to suggest that staff needs to take a look at this process and come back at a work session to provide some ideas, recommendations, and procedures.

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #28 – 2021-2869

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 Dallari, seconded by Commissioner Herr, to adopt and implement the purchase recommendations of the Board’s Financial Advisor based on the report submitted, and direct the Clerk to implement said Board-adopted recommendations.

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

COUNTY ATTORNEY BRIEFING

Mr. Applegate provided a brief update on the opioid litigation.

Motion by Commissioner Dallari, seconded by Commissioner Herr, to allow the County to follow the recommendations of Romano Law Group with regard to the Mallinckrodt Plc bankruptcy and all subsequent bankruptcy plans by any defendant in the opioid litigation.

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

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Chairman Constantine recessed the meeting at 11:06 a.m.; reconvening at 1:32 p.m. with all Commissioners and all other Officials, with the exception of Commissioner Zembower and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Colon, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, 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.

PUBLIC HEARING – QUASI-JUDICIAL

Commissioner Dallari submitted ex parte for Item #29, Connection Point Rezone, and Item #30, Rockwood Circle Right-of-Way Vacate.

Agenda Item #29 - 2021-0028

Connection Point (2545) Rezone

Bruce Hage, Applicant

Annie Sillaway, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. It was determined the Applicant was present but did not wish to speak.

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

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt Ordinance #2021-35 enacting a Rezone from A-1 (Agriculture) to C-3 (General Commercial and Wholesale) for a commercial nursery, landscape, and irrigation business on approximately 3.76 acres, located on the north side of Connection Point, 0.25 miles west of SR 426; Bruce Hage, Applicant; as described in the proof of publication.

Commissioner Lockhart confirmed with Ms. Sillaway this went to Planning and Zoning in July, not January.

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

Agenda Item #30 – 2021-2884

Rockwood Circle Right-of-Way Vacate

Alvin and Kimberly Legree, Applicants

Mary Moskowitz, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. It was determined the Applicants were present but did not wish to speak.

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

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2021-R-133 vacating and abandoning an uncut portion of the Rockwood Circle right-of-way, as recorded in Plat Book 9, Page 49, in the Public Records of Seminole County, Florida; Alvin and Kimberly Legree, Applicants; as described in the proof of publication.

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

PUBLIC HEARINGS - LEGISLATIVE

Agenda Item #31 – 2021-2883

Special Exceptions Amendment to the LDC

Ms. Moskowitz presented the request as outlined in the agenda memorandum.

With regard to public participation, Nancy Harmon spoke via Zoom in support and stated on page 5 of the ordinance beginning on line 106, it states "In granting any special exception, the Planning and Zoning Commission may recommend and the Board of County Commissioners may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.” She inquired what would be the action taken and when would the action be taken with regards to a violation of the terms and safeguards and terms of conditions of the ordinance. Ms. Moskowitz responded that would go through normal code enforcement procedures. If there was a violation to a special exception, it is treated like any other code enforcement violation.

Ms. Harmon stated in regards to Section 30.44, public notice procedures, she would like to know if those procedures have incorporated those that were just recently adopted by a previous ordinance or change to the Code with regard to public notice procedures. Ms. Moskowitz explained the draft ordinance does incorporate the recently adopted public notice procedures that were approved by the Board.

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

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt Ordinance #2021-36 amending the procedures for processing Special Exceptions in the Seminole County Land Development Code for recommendation by the Planning and Zoning Commission and determination by the Board County of Commissioners; as described in the proof of publication.

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

COUNTY MANAGER’S REPORT

Ms. Guillet reminded the public hearings for the Fiscal Year 2021-2022 budget begin next month. The first hearing is on September 15th, Wednesday, at 6:00 p.m. The second hearing for adoption is on September 28th, Tuesday, at 6:00 p.m.

COUNTY ATTORNEY’S REPORT

No Report.

FUTURE AGENDA ITEMS

Public Comment on Items Not Related to the Agenda

Bill Hyde spoke in regards to the policy for public comment. He has read the policy online. Public comment is three minutes, and the Chair may allow an extra three minutes for a bona fide representative of a group or association. In the case of someone like an HOA president who has a large group of people on a hot issue, the six minutes are very important. There are a lot of folks that are really passionate but just can't get up and speak. However, that extra three-minute courtesy seems to get pushed a little bit into another realm and sometimes it's clear the extra three minutes is really not for community advocacy.

The procedure for submitting a request to speak is the Chair lets everybody know to fill out a form and give it to staff at the beginning of the agenda item. However, it seems that in order to make sure they are the last speaker, some folks like to game the system, hold off their speaker form, and run them up after something is said or changed. Mr. Hyde stated that simply is not fair to the people who have gone by the rules set forth by the Board.

Mr. Hyde suggested Zoom participation seems to be bringing a whole new set of issues, and he thinks there needs to be some polishing done on that. They need to go by the rules or change them. If they are going to have fully interactive Zoom, everybody needs to go by the same rules.

Commissioner Herr agreed they need to follow the rules. She thinks all forms need to be submitted before public comment or people are not going to get called on. They have trained the participants to expect a back-and-forth dialogue with the three minutes. They have trained people that it's okay to hold on to the form until the end. She expressed her concern of reading into the record the comments on the green written comment form. She is not convinced that was what that was intended for; it was to be submitted for the record. She believes they do need to tighten this up to be fair to all of the citizens.

Commissioner Dallari concurred with Commissioner Herr. They shouldn't be allowing citizens to game the system. He requested the County Attorney's Office give some input to make sure the Board is following all the rules and regulations required by the State. Mr. Applegate advised he will provide a report before the next meeting.

Public Comment Form received and filed.

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Dr. Deborah Bauer, representing Sterling Park HOA and Save Deer Run Citizen's Action Group, spoke in regards to the acquisition of the former country club at Deer Run golf course. A public meeting was held on August 17th announcing the process for the MSBU vote for the community participation in the golf course acquisition. They were told by county staff at the August 17th meeting that the MSBU ballots would be mailed on 17th; however, residents just started receiving them today. She has spoken with Michael Eason, MSBU, and Rick Durr, Leisure Services Director, and was informed the reason the ballots were not received sooner was because they didn't go out until Friday the 20th. The community has lost seven days out of the 30-day period they need to get all 2,200 ballots returned. She is requesting extending the 30-day window for the MSBU vote so they have enough time to make sure all of the residents who must return the petition have time do so.

She advised there are also two other issues in the way the ballots were presented. There have been individuals that have received ballots at their correct address, but it had their name on it with a different address listed. The other issue is some people would have incorrect individuals listed as property owners on their property. There are a lot of residents in Deer Run that are frustrated and confused because now they have to get corrected ballots.

Joe Abel, Deputy County Manager, advised anyone who has an incorrect ballot can reach out to either Mr. Eason or Mr. Durr, and new petitions can be either emailed or picked up. Once they are filled out, they can be returned by email also. Staff discussed this issue this weekend once they realized there was a delay, and they have no problem with extending the time. Their goal was to get the information back to the Board on the second meeting in September. If they have them back on September 24th, that will give enough time for the meeting on the 28th. No objections were voiced by the Board.

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Joseph Humphreys spoke regarding public comment. He referenced a document entitled ABCs of Local Land Use and Zoning Decisions, which was published in the Florida Bar Journal and came from the Environmental Committee that Deputy County Attorney Paul Chipok was chairman of. It talks about the difference between quasi-judicial and quasi-legislative and about how rather nebulous and at times contentious these kinds of debate over land use can become. It basically points out the difference between quasi-judicial and quasi-legislative and the ability of people to rebut opinions and facts presented in a particular case.

This article states, "In quasi-judicial hearings, parties are entitled, as a matter of due process, to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision that is based on a correct application of the law and competent substantial evidence in the record. Recent case law states that limiting parties to only eight minutes to present positions regarding a zoning resolution violates procedural due process under the circumstances of that case."

Mr. Humphreys requested the County Attorney consider this document because there are cases when facts have been presented and, in some cases, need to be rebutted. Chairman Constantine responded he will continue to give the flexibility necessary as long as he is chairman. Mr. Applegate stated if Mr. Humphreys contacted his office, he would be happy to set up a meeting with himself and Paul Chipok to discuss that article and talk about these issues.

Chairman Constantine reminded everybody has the opportunity to call before a meeting to talk about issues instead of waiting and just saying similar things each and every week.

Commissioner Lockhart commented the Florida State Board of Education meetings take public comment in person and by call in. When the set time is up, the call disconnects. You could be mid-sentence and not get to finish. You have to plan your thoughts and statements appropriately. She is not suggesting they should cut people off, but she thinks it's important for the public to know there is a state board that has determined when taking public comment, your time is your time.

Commissioner Herr stated they can be gracious and welcoming and listening. However, the public needs to know what to expect when they walk into chambers for the first time and stand at the podium, and it needs to happen consistently.

DISTRICT REPORTS

District 1

Commissioner Dallari spoke regarding the Deer Run acquisition and MSBU ballots. He advised he spoke with Lorie Bailey Brown, Resource Management Director, regarding the issues. Staff is correcting as many as they can. The information used was from their current database. He requested the citizens be patient. This is one of the largest MSBUs they have ever had. If any citizen has any questions, they can contact staff.

District 4

Commissioner Lockhart reported the Central Florida Commission on Homelessness meeting is tomorrow. One of the things they embarked on at the last meeting was talking about the need for a best practice guide for interacting with homeless encampments around the Central Florida area. Different law enforcement agencies handle them differently. It was a great opportunity to reach out and work directly with law enforcement in Seminole County. Almost every municipality and the Sheriff's Office has given their feedback with how they interact with homeless encampments. They are looking for a coordinated opportunity in the region because the homeless population is transient.

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The Commissioner advised the East Central Florida Regional Planning Council has a lot of interest in the County's affordable housing ordinance and how that has changed the way that impact fees are being handled. Rebecca Hammock, Development Services Director, and Allison Thall, Community Services Director, have both been asked to present on September 15th.

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The Windwood, East Altamonte Community is requesting an update on Rosenwald and how ARPA funds may possibly help to bring that to fruition. She and Mr. Abel will be meeting with a representative of the community.

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The Commissioner announced she has completed the Florida Association of Counties Certified County Commissioner Program. It was almost two years’ worth of coursework that she completed this summer. She is hoping to attend the advanced county commissioner training that begins on October 7th and 8th. It's limited to 22 commissioners around the state.

District 5

Commissioner Herr reported on meetings and department tours she has attended.

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The Commissioner stated she has been receiving emails around the notion that the Novel Parkway development order indicated a requirement to keep as many trees as possible and it doesn't seem possible to keep trees. She thought the best way to learn was to go out to the site to see it and also walk through all of the documents. Planning and Development staff did a great job of walking her through what is happening out there. One of the things she learned was the notion that while the development order says something and the builder attempts to comply with that, there are power requirements but the development order doesn't restrict FPL or Duke from coming in and doing something after the fact. Learning that was important and she thinks communicating that to the citizens is important because when trees get cut down, they think rules are not being complied with.

District 3/CHAIRMAN’S REPORT

Chairman Constantine requested Commissioner Dallari give a brief report on Lake Mills park. Commissioner Dallari advised a brand-new playground has been installed and thanked staff and the contractor.

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The Chairman advised the LYNX board will be having a budget workshop coming up. They are having difficulty with employee retention, especially with bus drivers.

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The Chairman advised he sent a letter in support of the World Cup, especially the opportunities that Seminole County will have if they do get the World Cup. It needed to go to Zurich, Switzerland, immediately so the Sports Commission reached out and he was able to do that.

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Chairman Constantine stated True Health has asked for a letter from the Chairman as a welcome to their Ovation Gala September 25th.

Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve a letter from the Chairman as a welcome to True Health’s Ovation Gala September 25th.

Commissioner Lockhart commented they have asked for a letter from other offices as well and maybe just one from the Chairman’s office will suffice. She inquired if someone can confirm the intent, and the Chairman responded they will do that.

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

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The Chairman announced at the Florida Association of Counties, Seminole County received the medium county of the year from the Florida Sheriffs Association purchasing program.

COMMUNICATIONS AND/OR REPORTS

  1. Letter dated August 5, 2021, from Joe York, President of Florida & Caribbean AT&T External and Legislative Affairs, to County Manager Nicole Guillet re: BellSouth Telecommunication’s completion of transfer of its Florida Certificate of Franchise Authority for Video Service to its affiliate, DIRECTV, LLC.

  2. Letter dated August 18, 2021, to the BCC Chairman from Kelly D. Corvin, Regional Planning Administrator, Bureau of Community Planning and Growth, Florida Department of Economic Opportunity, re: Review of Comprehensive Plan Amendment #21-02ESR and Ordinance #2021-29. cc: Rebecca Hammock, Development Services Director; Hugh Harling, Executive Director of ECFRPC.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:33 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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