BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
September 14, 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, September 14, 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)
Commissioner Andria Herr (District 5)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Chariti Colon
Absent:
Commissioner Jay Zembower (District 2)
Work Session Agenda Item #1 was held in the morning.
OPENING CEREMONIES
Citizen Don Epps gave the invocation. John Gyllin, Seminole State College, led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Agenda Item #2 – 2021-2902
Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2021-R-134 recognizing Seminole State Women’s Golf Team as the 2021 NJCAA National Champions.
Districts 1, 3, 4, and 5 voted AYE.
Agenda Item #3 – 2021-2899
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt a Proclamation proclaiming September 15, 2021, through October 15, 2021, as Hispanic Heritage Month in Seminole County, Florida.
Districts 1, 3, 4, and 5 voted AYE.
Agenda Item #4 – 2021-2900
Mike Orlando, Florida Fish and Wildlife Conservation Commission, presented the Urban Bear Management Update (presentation included in the agenda memorandum).
Chairman Constantine confirmed with Mr. Orlando that there has not been a negative human-bear conflict within the last 12 months.
Commissioner Lockhart mentioned there has been a lot of activity of bear sightings on community social media platforms. She inquired what can be done to help people engage with FWC in order to do something positive. Mr. Orlando responded that's a challenge they are having throughout the state. They recently sent out a Bears in the Fall news release. He suggested linking that information to the County's website. They are constantly doing education and outreach. It is best, if somebody on Facebook is noticing that something is going on in the community, to let FWC know about it so they can investigate and do some canvassing and education outreach. Reporting even minor things to FWC is important so they can pay attention to the big picture.
Commissioner Dallari commented there are a couple of communities that are getting BearWise recognition. He inquired if there was any way they could get that for the entire county. Mr. Orlando responded he doesn't think that has been done, but it doesn't mean it can't be done. He will start making phone calls to see if that can happen, and Seminole County would deserve to be the first one. Upon inquiry of Commissioner Dallari, Mr. Orlando explained the issue with bear proof trash cans is lack of availability. There is currently no funding. If somebody wanted to buy a can at full price, it would be great if there was a way they could. But if you wanted to go through Toter, you would have to buy a whole truckload. If the County was able to do something along those lines, that would help.
Commissioner Herr advised her office has recently asked the Public Works Department for a study related to the variability of speed limits on Markham Woods Road. She voiced her support and asked that every level of urgency is given to that. Mr. Orlando stated his agency has a DOT liaison who could probably help out with any of those talks.
With regard to public participation, Katrina Shadix, Cindy Haller, and Nancy Harmon voiced their concerns and suggestions. No one else spoke and public input was closed. Public Comment Forms received.
In response to public comment, Mr. Orlando explained the County's bear ordinance already lays out some of the things that was suggested or requested. He advised FWC does strap events. For places that don't have garbage cans issued to them, the straps are effective. From FWC's point of view, bear-resistant cans are what they want everybody to have; but if there's somewhere in between, the straps do work. He advised when FWC asks other sworn officers to put bears down, FWC is on the phone with them and are asking them to euthanize the animal right away so they don't have to wait for an FWC officer to show up.
Commissioner Lockhart commented there has been a lot of activity lately on social media regarding coyotes. Mr. Orlando replied it is an issue, and they have started to incorporate coyotes and panthers into conversation with law enforcement. There are some subject matter experts at FWC who could come and talk if invited. They could also add coyote into general wildlife interaction discussions. Commissioner Lockhart responded they could consider them invited. Chairman Constantine inquired if FWC had a model ordinance for coyotes. Mr. Orlando advised he will find out. The Chairman requested between FWC and the County Attorney to see if there is one.
Commissioner Herr emphasized from her perspective, fronting the money to create a supply of bear proof cans and then charging full price for them seems to be a fantastic community service, and she would like to explore whether or not that can be done. Brief discussion ensued regarding bear proof cans.
CONSENT AGENDA
Nicole Guillet, County Manager, advised Item #19, IFB-604120-21, has been pulled by staff; and Items #27 and #28, Ernst & Young Consulting Agreements, have been added.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Commissioner Herr requested Item #15, BAR #21-089, be pulled for separate discussion.
Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve the following:
County Manager’s Office
Office of Emergency Management
5. Approve and authorize the Chairman to execute the Declaration of Restrictive Covenants for 115 Wisteria Drive. (2021-2890)
6. Approve and authorize the Chairman to execute the Shelter Retrofitting Subrecipient Agreement between Seminole County School Board and Seminole County Government. (2021-2903)
Office of Organizational Excellence
27. Consent Agenda Item number not sequential - Authorize the County Manager to execute the Second Amendment to Consulting and Management Agreement with Ernst & Young, LLP, for Emergency Rental Assistance Program 1 (ERAP1) to modify the scope of service, extend the timeline, and increase the compensation by $301,940 for a total amount of $1,211,940. (2021-2921)
28. Consent Agenda Item number not sequential - Authorize the County Manager to execute the Consulting and Management Agreement with Ernst & Young, LLP, to provide Seminole County with an application portal, necessary build/testing protocols, and management services; to help manage American Rescue Plan Act funded programs, including ERA2, individual assistance, and small business assistance through November 30, 2022. The compensation for this agreement is a fixed fee amount not-to-exceed $2,146,643. (2021-2922)
Development Services
Planning and Development
7. Authorize the Chairman to execute the Satisfaction of Lien for Code Enforcement Board Case #20-10-CEB at 572 Fordham Avenue, Altamonte Springs, Tax Parcel #15-21-29-509-2000-0100, owned by Michael Diaz. (2021-2816)
8. Authorize release of Letter of Credit #90565012 for right-of-way improvements to Old Lake Mary Boulevard, in the amount of $37,950 for Wellington Business Center. (2021-2858)
Leisure Services
Greenways and Natural Lands
9. Approve and authorize Chairman to execute an Access Agreement with AECOM Technical Services, Inc., for the use of Seminole County boat ramps on Lake Jesup in conjunction with a harmful algae bloom mitigation study. (2021-2886)
Library Services
10. Approve and authorize the Chairman to execute the State Aid to Libraries Grant Agreement and Certification of Hours, Free Library Service and Access to Materials between the State of Florida, Department of State and Seminole County Board of County Commissioners for and on behalf of Seminole County Public Library System in anticipated acceptance of monies in State Aid to Library funds for library-related operating expenses; and approve the attached annual plan of service. (2021-2885)
Public Works
Engineering
11. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #1 for 0.91± acres of land between W.L. Kirk, Jr. and J. Scott Kirk and Seminole County for acquisition of property needed for the Whitcomb Drive Drainage Improvement Project (Tax ID #23-20-32-501-0000-0010) for $100,000.00, as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to the parcel. (2021-2905)
Facilities
12. Approve and authorize the Chairman to execute Amendment One to Addiction Recovery and Treatment Center Lease Agreement with Adventist Health System/Sunbelt, Inc., d/b/a AdventHealth Hope and Healing Center. (2021-2898)
Resource Management
Budget
13. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-135 accepting and authorizing the Chairman to execute a Joint Participation Agreement with the State of Florida Department of Transportation for the Riverbend Landscape project. (2021-2895)
14. Approve submittal of a new grant application to the U.S Department of Commerce Economic Development Administration (EDA) Travel, Tourism, and Outdoor Recreation Competitive Grants through the American Rescue Plan Act requesting up to $3,775,100 for improvements to Boombah Sports Complex and Soldiers Creek; and authorize the County Manager to execute all documents associated with the grant. (2021-2894)
15. Pulled for separate discussion.
16. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-137 implementing Budget Amendment Request (BAR) #21-090 through the Tourism Sports 4 & 6 Cent Fund in the amount of $180,000 from reserves for anticipated Sports Event Incentive costs. (2021-2881)
17. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-138 implementing Budget Amendment Request (BAR) #21-091 through the General Fund in the amount of $90,000 from reserves to fund the Wekiva Golf Course Property Due Diligence (CIP#02104051). (2021-2889)
Purchasing and Contracts
18. Award CC-3773-21/GCM, Yankee Lake Water Reclamation Facility (WRF) Repair and Rehabilitation Project, to McMahan Construction Co., Inc., of DeLand, in the amount of $699,000; and authorize the Purchasing and Contracts Division to execute the Agreement. (2021-2879)
19. Pulled from the agenda the request to Award IFB-604120-21/CAR, Term Contract for Landfill Heavy Equipment Rental, to Alta Construction Equipment Florida, Tampa; National Equipment Dealers, Charlotte, NC; Synergy Rents LLC., Valrico; and Trekker Tractor LLC., Hialeah Gardens; and authorize the Purchasing and Contracts Division to execute the agreements. (2021-2863)
20. Waive the procurement process and authorize Single Source SS-604154-21/TKH, NFORS - National Fire Operations Reporting System - Software, with International Public Safety Data Corporation, Chantilly, VA, in the total amount of $115,173.00; and authorize the Purchasing and Contracts Division to execute the agreement. (2021-2888)
21. Approve Change Order #7 to CC-2772-19/RTB, Construction of Seminole County Fire Station #11, with APM Construction Corp, of New Smyrna Beach, in the amount of $47,927.76; and authorize the Purchasing and Contracts Division to execute the Change Order. (2021-2887)
Districts 1, 3, 4, and 5 voted AYE.
Consent Agenda Item #15 – 2021-2882
Commissioner Herr stated for clarification, the BAR is for $135-plus million. The last sentence in the BAR is to authorize the County Manager to approve future budget amendments within this allocation as necessary. Since that is such a significant dollar amount, she is requesting clarification around what that does and does not enable the County Manager to do. Ms. Guillet explained the intention is not to allow a change in the allocations as was approved by the Board. If there are amendments to the actual budget to effectuate what has been approved by the Board in those allocations that were submitted in the plan that went to Treasury, it would allow the County Manager to do that to keep things moving but not to change the intended spending pattern. Additionally, purchasing procedures will have to be followed as well. Commissioner Herr confirmed with Ms. Guillet that means as they move forward, changes would come back before the Board.
Motion by Commissioner Herr, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute appropriate Resolution #2021-R-136 implementing Budget Amendment Request (BAR) #21-089 through the Federal American Rescue Plan Act Fund to appropriate funding from the U.S. Department of Treasury allocation for Coronavirus State and Local Fiscal Recovery Funds in the amount of $91,646,669; establish associated transfers for a total budget amendment amount of $135,450,068; and authorize the County Manager to approve future budget amendments within this allocation as necessary.
Districts 1, 3, 4, and 5 voted AYE.
REGULAR AGENDA
Agenda Item #22 – 2021-2865
Holy Trinity Greek Orthodox Church
Greek Fest 2021 Special Event Permit
Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve the Holy Trinity Greek Orthodox Church Greek Fest 2021 Special Event Permit for November 5 through November 7, 2021, subject to staff’s recommendations included in the Special Event Permit.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Districts 1, 3, 4, and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Agenda Item #25 – 2021-2907 (Agenda Item number not sequential)
Tax Roll Extension Request 2021
Ms. Guillet advised they have received a request from the Tax Collector’s Office for the Board to authorize issuance of the tax roll in advance of the completion of the Value Adjustment Board hearings, and a motion is needed.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to authorize the Tax Collector to begin collection of the 2021 tax roll prior to the completion of the Value Adjustment Board hearings consistent with the September 1, 2021, memo included in the agenda memorandum.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Districts 1, 3, 4, and 5 voted AYE.
Agenda Item #26 – 2021-2908 (Agenda Item number not sequential)
Code Enforcement Lien
Amnesty End Date Extension
Ms. Guillet explained the Code Enforcement Lien Amnesty Program was approved in 2020 and was intended to end July 1, 2020. It was tolled as part of the Local State of Emergency. Staff is requesting that the deadline formally be extended to April, 2022, which would take into account the tolling period as well as an additional six months.
Chairman Constantine advised they would consider the public hearings and then return to this item.
PROOFS OF PUBLICATION
Motion by Commissioner Lockhart, 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, 3, 4, and 5 voted AYE.
PUBLIC HEARING – QUASI-JUDICIAL
Agenda Item #23 - 2021-2737
Palmetto Pointe Rezone
Palmetto Avenue Baptist Church, Inc., Applicant
Joy Giles, Planning and Development, addressed the Board and advised the Applicant is requesting a continuance to the November 9, 2021, BCC meeting. Public Works will be bringing the right-of-way map for Sipes Avenue and Pine Way to the Board in October, and the Applicant would like to wait for that.
Motion by Commissioner Dallari, seconded by Commissioner Herr, to continue to November 9, 2021, the request to adopt an Ordinance enacting a Rezone from R-1A (Single Family Dwelling) to R-1A (Single Family Dwelling), and approve the associated Development Order proposed by Staff on approximately 39.29 acres, located on the east side of Sipes Avenue, approximately ¼ mile south of E. Lake Mary Boulevard; Palmetto Avenue Baptist Church Inc., Applicant; as described in the proof of publication.
With regard to public participation, John Spolski spoke in opposition to the continuance. No one else spoke in support or opposition of the continuance, and public input was closed. Public Comment Form received.
Under discussion, Commissioner Herr commented there was information that came up during her briefing that would be exceptionally important for her and everyone else to understand prior to it coming to the Board, and she could have been the cause of the request to continue. She believes they will come to a better decision as a result of being better informed. In response to Mr. Spolski's comment that requests for continuances should be two weeks in advance, she explained she cannot get briefed two weeks ahead of time.
Chairman Constantine advised he spoke to Mr. Spolski yesterday to make sure he was aware of the request. He confirmed with Ms. Giles the continuance was requested on Friday. The Chairman explained the request was because of a legitimate reason. Commissioner Lockhart inquired who determines the legitimacy. Ms. Guillet explained it is the Board. The BCC has a policy on continuances, and applicants have the ability to request a continuance with at least 48 hours' notice prior to the meeting, and they can request up to two of them. The policy says with justification, because every circumstance may be different. The policy also says that continuances are not automatically granted, so it really is at the discretion of the Board which is why there is a vote. Commissioner Lockhart confirmed with Ms. Guillet the Applicant has been consistent with the current policy so far. Ms. Guillet advised the Applicant gave two reasons in their request: One was because the district commissioner was not present; and, two, more clarity is needed on the right-of-way issue.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Lockhart inquired of Bryant Applegate, County Attorney, if ex parte should be submitted. Mr. Applegate responded it can be held until the next public hearing on the item.
PUBLIC HEARINGS - LEGISLATIVE
Agenda Item #24 – 2021-0035 - TRANSMITTAL
Comprehensive Plan Text Amendment
Property Rights Element/Net Buildable Acres
Ms. Guillet stated staff is requesting a continuance to the October 12, 2021, BCC meeting.
Motion by Commissioner Dallari, seconded by Commissioner Herr, to continue to October 12, 2021, the request to transmit the proposed Ordinance enacting Comprehensive Plan text amendments to the Introduction Element, revising the definition of Net Buildable Acres; and creating a separate Property Rights Element of the Comprehensive Plan in accordance with mandates set forth in Chapter 163 of the Florida Statutes.; 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, 3, 4, and 5 voted AYE.
COUNTY MANAGER’S REPORT
Agenda Item #26 – 2021-2908 (Continued)
Code Enforcement Lien
Amnesty End Date Extension
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to extend the Lien Amnesty End Date for Code Enforcement Violations to April 18, 2022.
With regard to public participation, no one spoke in support or opposition and public input was closed.
Districts 1, 3, 4, and 5 voted AYE.
Legislative Update
Tricia Johnson, Deputy County Manager, presented the Legislative Update (Presentation received and filed).
Under broadband, Commissioner Herr requested changing the verbiage from "specifically in rural communities" to "specifically in underserved and rural communities." With regard to affordable housing, she suggested putting something in around homelessness and addressing funding to mitigate homelessness in some form or fashion. She inquired if they should be thinking about mental health and the opioid crisis in this discussion. Ms. Johnson responded they can certainly add something with respect to that. She knows the Sheriff's Office will be applying for another appropriations request related to the Hope and Healing Center. Commissioner Lockhart suggested maybe lending their support towards whatever the Sheriff is requesting could be their helpfulness in that realm. Ms. Johnson noted the last bullet is supporting the legislative priorities of community and regional partners, and she can broaden that to include the opioid realm as well.
Chairman Constantine stated in addition to public funding for broadband for the underserved, there needs to be in the legislation that the public utilities who are supposed to provide broadband should be doing so. He also thinks it is very important the delegation is aware there will be strenuous opposition to anything that would harm and/or endanger the rural boundary.
Commissioner Lockhart noted they have talked in the realm of charter review about oversight of constitutional officers. However, in conversations she has had with other folks, it sounds like perhaps working in tandem paths to try and have the legislature look at revising some laws related to oversight to constitutional officers might be an appropriate thing to champion. Chairman Constantine reminded there is an upcoming charter work session on October 12th and requested everyone provide the County Attorney and/or the County Manager any issues they want to discuss so research can be done before the work session.
Discussion ensued regarding the appropriation requests and it was decided they will come up with another larger request to possibly replace the buggy request.
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised he will be providing individual briefings to each Commissioner after the meeting.
FUTURE AGENDA ITEMS
None.
Public Comment on Items Not Related to the Agenda
Wafa Esposito addressed the Board in relation to the Orange Boulevard project and suggested contacting FPL to see if they could move the power lines underground.
-------
Katrina Shadix spoke regarding coyotes, bear proof trash cans, and advised 2022 Florida Forever project proposals are due by October 31, 2021. She was wondering if the DEP program is something the County can take advantage of so they can apply for Florida Forever funding and submit project proposals. It would be nice to offer money to landowners for their property to be put into conservation.
-------
Bill Hyde announced this November marks 75 years for American Legion Oviedo Memorial Post 243. There will be a celebration on November 6, 2021.
-------
Cindy Haller stated in regards to property rights element, she supports the model plan presented by 1000 Friends of Florida. She voiced her support of residential neighborhood patterns in urban corridors. In regards to the Land Development Code, the process was supposed to be community driven and she believes there needs to be work sessions. She suggested citizens should be given a date to get that input.
DISTRICT REPORTS
District 5
Commissioner Herr reported on the City of Sanford’s Patriot Day event she attended.
District 4
Commissioner Lockhart stated there are posters in the building asking employees to wear masks when they cannot socially distance, but she has heard from staff that they are expected to put them on any time they leave their desk. She requested the County Manager provide clarification. Ms. Guillet responded some of the posters are older and will be taken down. They are following CDC guidance which recommends the use of masks indoors by everybody and there is no distinction for social distancing. The policy has been to wear a mask if you are up and moving around or going to be in proximity of other people who are moving around. The Commissioner inquired if the governor's fine related only to vaccines or if it included mask mandates as well. Ms. Guillet explained the legislation relates strictly to vaccine passports.
District 1
Commissioner Dallari advised his office is going to be sending out to all of the Commissioners the Orlando Airport Refresh document that was produced by MetroPlan Orlando in February 2017 so they can all understand what potential issues could be coming up.
-------
The Commissioner reported on events he attended
District 3/CHAIRMAN’S REPORT
Chairman Constantine reported on past events he attended and upcoming events he will be attending.
COMMUNICATIONS AND/OR REPORTS
There were no Communications and/or Reports received.
--------
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:47 p.m., this same date.
ATTEST:_____________________________Clerk___________________________Chairman
cc