BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

April 28, 2020

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held virtually, made permissible pursuant to the Governor’s Executive Orders, at 11:30 a.m., on Tuesday, April 28, 2020, via Communications Media Technology (CMT) through the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Attending remotely:

Chairman Jay Zembower (District 2)

Vice Chairman Lee Constantine (District 3)

Commissioner Robert Dallari (District 1)

Commissioner Amy Lockhart (District 4)

Commissioner Brenda Carey (District 5)

County Manager Nicole Guillet

County Attorney Bryant Applegate

Clerk of Court and Comptroller Grant Maloy

Deputy Clerk Chariti Colon

OPENING CEREMONIES

Kurt Slakovsky, SGTV, gave the Invocation. Chairman Zembower led the Pledge of Allegiance.

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Chairman Zembower announced the meeting this morning will be recessed until 1:30 p.m. in order to convene a closed session with the BCC. The closed attorney-client session with legal counsel will be conducted using CMT technology. The purpose of the closed attorney-client session is to discuss litigation strategy related to expenditures and the existing settlement agreement with the plaintiff in the River Cross Land Company, LLC v. Seminole County federal case. Attendance at the closed session is strictly limited to the following individuals: County Commissioners Brenda Carey, Jay Zembower, Amy Lockhart, Lee Constantine, and Bob Dallari; County Attorney Bryant Applegate; Deputy County Attorney Lynn Porter-Carlton; and the County’s outside counsel Todd Norman and Jo Thacker of the Nelson Mullins Broad and Cassel law firm. A certified court reporter will be in attendance to transcribe the closed session in its entirety. The closed session is being conducted pursuant to Florida Statute 286.011(8) and is expected to last one hour. The transcript of the closed session will remain sealed until the conclusion of the litigation, at which point it will be made part of the public record. All discussions will be strictly limited to litigation strategy related to expenditures and issues pertaining to the settlement agreement. After the closed session, the public meeting will reconvene and a public hearing will be held to consider any further action.

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Chairman Zembower recessed the meeting at 11:34 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials who were present at the Opening Session.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2020-2005

Alan Harris, Office of Emergency Management, addressed the Board to report on the emergency management response to the COVID-19 pandemic.

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Agenda Item #2 – 2020-2002

Pulled from the agenda the Clerk of the Circuit Court and Comptroller presentation of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2019.

CONSENT AGENDA

Commissioner Constantine requested Item #17, Budget Amendment Request #20-045 through the General Fund for Natural Lands and Parks Bond preparations in the amount of $25,000, be pulled for a separate discussion.

Chairman Zembower requested Item #28, PS-2717-19/RTB, Master Services Agreement for Construction Management Services (Owner's Representative) for the Annex, Parking Deck, and Juvenile Assessment Center (JAC) Buildings, be pulled for a separate discussion.

With regard to public participation, there was public comment on Item #17, which is reflected with that separate discussion. No one else spoke in support or opposition to the remaining Consent Agenda items, and public input was closed.

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

County Manager’s Office

Business Office

3. Approve travel and mileage reimbursement to Commissioner Constantine for miscellaneous travel from January 15, 2020, through February 27, 2020. (2020-2003)

Community Services

Business Office

4. Approve to participate in the 2019 Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program (JAGC) in which FDLE has allocated $125,400 for use by all units of government within Seminole County; authorize the Chairman to execute the Certificate of Participation naming Allison Thall as the Coordinator for the countywide application(s); and authorize the Chairman to execute any supporting documentation as may be required for the application(s). (2020-1984)

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 months of February and March 2020. (2020-1976)

Development Services

Planning and Development Division

6. Approve the plat for the Hideaway Cove at Oviedo Phase 2 subdivision containing forty-two (42) lots on eleven (11) acres zoned PD, Planned Development, located on the east side of Simmons Road, ½ mile east of Lockwood Boulevard; M/I Homes of Orlando, LLC, Applicant. (2020-1988)

7. Approve the plat for the Riverside Oaks Phase 1 subdivision containing sixty-two (62) lots on 64.58 acres zoned PD, Planned Development, located on the north side of Celery Avenue, approximately ½ mile west of Cameron Avenue; Carnahan Proctor & Cross Inc., Applicant. (2020-1993)

8. Authorize release of Performance Bond #SU1149243 for roads and sewer systems, in the amount of $1,386,171.35 for Preserve at Hawk’s Crest; Taylor Morrison of Florida, Inc., Applicant. (2020-1998)

Environmental Services

Business Office

9. Authorize release of Maintenance Bond #SU1147473 for water and sewer facilities, in the amount of $21,116.24 for Steeple Chase Phase 2B; Taylor Morrison of Florida, Inc., Applicant; Maintenance Bond #SUR0035935 for water and sewer facilities, in the amount of $44,608.38 for Retreat at Oregon; M/I Homes, Applicant; Maintenance Bond #30007620 for water and sewer facilities, in the amount of $3,731.20 for Grocery Store Balmy Beach Apopka FL; Taurus CD 186 Balmy Beach FL, LP, Applicant; Maintenance Bond #9243012 for water and sewer facilities, in the amount of $4,437 for Exchange at Savannah Park Retail; ACS Construction, Inc, Applicant; Maintenance Bond #CMS0327784 for water and sewer facilities, in the amount of $60,777.23 for Windsor Square; Park Square Enterprises, LLC, Applicant. (2020-1973)

Utilities Engineering

10. Approve and authorize the Chairman to execute an Encroachment Agreement between Duke Energy Florida, LLC, A Florida limited liability company d/b/a Duke Energy and Seminole County for limited use of a collective easement. (2020-1980)

Public Works

Engineering Division

11. Approve and authorize the Chairman to adopt appropriate Resolution #2020-R-46 accepting a Permanent Drainage Easement donated by Logan Joshua Bordeau and Samantha Irene Bordeau to Seminole County for the purpose of the Alton Pond drainage project. (2020-1968)

12. Approve and authorize the Chairman to adopt appropriate Resolution #2020-R-47 accepting a Permanent Drainage Easement donated by Anthony L. Mariany to Seminole County for the purpose of the Alton Pond drainage project. (2020-1969)

13. Approve and authorize the Chairman to adopt appropriate Resolution #2020-R-48 accepting a Quitclaim Deed donated by Stacey B. Fiorella and Sylvia N. Fiorella to Seminole County related to the drainage improvements and continued maintenance of Virginia Avenue south of East Hillcrest Street. (2020-1981)

14. Approve and authorize the Chairman to execute a Purchase Agreement with Tammy G. Abramson, Karen S. Mahoney, Deborah A. Haskins f/k/a Deborah A. Beaudoin, and Sandra J. Jones and a Holdover Agreement with Tammy G. Abramson related to Parcel #104 for 0.797 ± acres of land for early acquisition of property needed for the Orange Boulevard Improvement Project, 5604 North Road, Sanford, Florida 32771, Tax ID #24-19-29-300-004C-0000, in the amount of $381,680, as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to the parcel. (2020-2001)

Facilities Management Division

15. Approve and authorize the Chairman to execute the Second Amendment and Final Renewal to Lease Agreement, Seminole County Mental Health Center, 300 Bay Avenue, Sanford, with Aspire Health Partners, Inc. (2020-1971)

Traffice Engineering Division

16. Approve and authorize the Chairman to adopt appropriate Resolution #2020-R-49 accepting and authorizing the Chairman to execute an Off-System Construction and Maintenance Agreement with State of Florida Department of Transportation for State Road 436 and Howell Branch Road intersection roadway improvements. (2020-XXXX)

Resource Management

Budget and Fiscal Management Division

17. Pulled for a separate discussion.

18. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-50 implementing Budget Amendment Request (BAR) #20-049 through the 1991 Infrastructure Sales Tax Fund in the amount of $140,921 from Reserves to provide additional funding for chemical testing for the Cumberland Farms Remediation Project. (2020-1990)

19. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-51 implementing Budget Amendment Request (BAR) #20-050 through the 2014 Infrastructure Sales Tax Fund in the amount of $345,000 from Reserves to provide additional funding for the Cross Seminole Trail (Missing Link) Project. (2020-1997)

20. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-52 implementing Budget Amendment Request (BAR) #20-051 through the 2014 Infrastructure Sales Tax Fund in the amount of $21,941 from Reserves to provide additional funding for the Mobility Fee Study Project. (2020-1994)

21. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-53 implementing Budget Amendment Request (BAR) #20-052 through the Community Development Grant Fund and Emergency Shelter Grant Fund in the amount of $1,830,249 allocated to the County from the Federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to be used to prevent, prepare for, and respond to the coronavirus pandemic (COVID-19). (2020-2000)

MSBU Division

22. Approve and authorize the Chairman to execute the Satisfactions of Lien for the Sylvan Lake Aquatic Weed Control MSBU, Ordinance 2019-16, Phase I non-ad valorem capital assessments that have been paid in full. (2020-XXXX)

23. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-54 confirming the Non-Ad Valorem Variable Rate Assessments for tax year 2020. (2020-XXXX)

Purchasing and Contracts Division

24. Waive the Procurement Process and authorize Proprietary Source Procurement SS-603798-20/BJC with Tonka Equipment Company, Plymouth, MN, in the amount of $258,840 for the repairs of the Influent Distribution Headers and Resins Equipment at the Markham Water Treatment Plant; and authorize the Purchasing and Contracts Division to issue the Purchase Order. (2020-XXXX)

25. Award IFB-603745-20/TLR, Term Contract for Medical Waste Disposal Services, to Medigreen Waste Services, Goldenrod; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-1985)

26. Award IFB-603714-20/TLR, Term Contract for Miscellaneous Properties Landscape Maintenance Services, to AmeriScapes Landscape Management Services, LLC, Orlando; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-1937)

27. Award IFB-603724-20/TLR, Term Contract for General Landscape Maintenance of Community Services Properties, to Premier Lawn Maintenance, Longwood; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-1961)

28. Pulled for a separate discussion.

29. Approve an increase to the Board-approved Estimated Annual Usage for PS-0009-15/RTB, Continuing Services Agreement for Design of Minor Projects with Construction Costs Less Than $2,000,000, by an additional $500,000 for the remainder of the current period. (2020- 1995)

30. Waive the Procurement Process and authorize Sole Source Procurement SS-603822-20/BJC for the Purchase of one (1) Automatic Tarping Machine (ATM) from Tarpomatic, Inc., Canton, Ohio in the amount of $70,287; and authorize the Purchasing and Contracts Division to issue the Purchase Order. (2020- 1989)

31. Award RFP-603691-19/TLR, Vending Machine Services, to Compass Group USA, Charlotte, NC; and authorize Purchasing and Contracts Division to execute the Revenue Agreement. (2020- 1970)

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

Consent Agenda Item #17 – 2020-1948

BAR for Natural Lands and Parks Bond preparations

With regard to public participation, the following spoke in opposition: Kimberly Buchheit, 252 Spring Run Circle; Phillip Johns, 861 Sherbourne Circle; James Mulligan, 1501 Woodsglen Drive; and David Annunziata, 2222 Barkwood Court.

Chairman Zembower paused public comment to summarize the history of this item. He explained a group of citizens came to the Board to ask for help in putting a natural lands referendum on the election ballot so the citizens of the county could vote whether or nor not to impose this tax. This is not a tax that the BCC is imposing upon the residents. Commissioner Lockhart added this was also discussed at a March 10, 2020, work session and the consensus of the Board at that time was they were not interested in expending any additional funds towards this endeavor. It is her understanding this item is only on the agenda so the Board can officially vote it down. Commissioner Constantine stated he is in support of a natural lands program, but this is not the right time due to the current circumstances.

With regard to public participation, the following continued to speak in opposition: Larry Ruschin, 5005 Nolan Road; Michael Rosenberg, 2441 Morton Lane; and Guy Wells, 1571 Arden Street.

No one else spoke and public input was closed. Public Comment Forms not received.

Motion by Commissioner Constantine, seconded by Chairman Zembower, to deny the request to approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #20-045 through the General Fund for Natural Lands and Parks Bond preparations in the amount of $25,000. (2020-1948)

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

Consent Agenda Item #28 – 2020-1891

PS-2717-19/RTB, Master Services Agreement for Construction Management

Services for the Annex, Parking Deck, and Juvenile Assessment Center Buildings

Commissioner Dallari stated his issue is staff has recommended approval of two firms for this agreement and he believes they should only have one. The ranking is such that he would be in favor of just moving forward with Project Management Advisors, Inc.

Chairman Zembower stated after reviewing the rankings, his concern is there was some significant disparagement between the gradings of staff. CGL Companies, who did the Five Points Master Plan, was ranked in the top two, and he is not comfortable having an owner's rep overseeing their own portions of the master plan. He would feel better having an owner's rep that was not related to that business. He also believes they only need one master services agreement.

Commissioner Carey stated she does not have an issue with staff's recommendation as far as the ranking goes. She also believes they would only hire one firm, and she thinks CGL has some insight into the process because they went through a lot with the Board to get to the end of the master plan.

Motion by Chairman Zembower, seconded by Commissioner Dallari, to authorize staff to negotiate rates with Project Management Advisors, Inc., in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-2717-19/RTB, Master Services Agreement for Construction Management Services (Owner's Representative) for the Annex, Parking Deck, and Juvenile Assessment Center (JAC) Buildings. (2020-1891)

Under discussion, Commissioner Carey stated because this is not a bid solicitation and it's a negotiated situation, they need to agree on a ranking. If they cannot come to negotiated terms with the first-ranked firm, the County will then be at a disadvantage from a negotiating standpoint. Mr. Applegate agreed with the Commissioner and stated under the CCNA, the Board has a great deal of discretion in ranking the applicants. In this case, if they only pick one, they will be putting themselves in a box if they don't come to terms. His suggestion would be to do some type of ranking.

Commissioner Dallari amended the motion to rank the firms as follows: Number 1, Project Management Advisors, Inc.; Number 2, the Roderick Group d/b/a Ardmore Roderick; Number 3, CGL Companies, LLC; and, Number 4, PMA Consultants. Chairman Zembower agreed to the amendment.

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

Nicole Guillet, County Manager, clarified with the Board there will only be one master services agreement.

County Attorney’s Office Agenda Item #32

Motion by Commissioner Carey, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute a Settlement Agreement with Estep Construction, Inc. (2020-2004)

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

Constitutional Officers’ Consent Agenda

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

Clerk of Court & Comptroller’s Office

33. Approve Expenditure Approval Lists dated March 16 and 24, and April 1 and 7, 2020; Payroll Approval Lists dated March 19 and April 2, 2020; and the BCC Official Minutes dated February 25 and March 24, 2020. (2020-1996)

Clerk and Comptroller’s “Received and Filed” is for information only

1. Executive Orders #2020-003, 2020-004A, 2020-005, 2020-007, and 2020-011 extending the declared local state of emergency; Executive Order #2020-004 tolling Seminole County permitting timeframes during COVID-19; Executive Order #2020-006 requiring social distancing and adherence to the CDC guidelines; Executive Order #2020-008 requiring social distancing and adherence to the CDC guidelines for assemblies; Executive Order #2020-009 requiring COVID-19 positive individuals to abide by CDC guidelines for self-quarantining; and Executive Order #2020-010 enacting Executive Order 20-91, as declared by Governor Ron De Santis on April 2, 2020.

2. FPSC Orders #PSC-2020-0080-CO-GU and #PSC-2020-0082-CO-EI issued March 20, 2020; and PSC-2020-0085-TRF-EI issued March 23, 2020.

3. Advisory Memorandum dated March 23, 2020, to VAB Attorneys and Clerks from Kathryn Davis, Assistant General Counsel, regarding VAB rescheduling hearings due to COVID-19.

4. County Attorney’s Office Opinion dated March 23, 2020, regarding acceptance and validity of e-signatures and e-documents Work Request No. 10280.

5. County Attorney’s Office Memo dated April 2, 2020, regarding SunRail Transition Update.

6. Avigation Easements with D.R. Horton, Inc., related to Riverbend at Cameron Heights Phase 2 and Phase 3 that were approved at the March 24, 2020, BCC meeting.

7. Certificate of Costs of Abatement for property located at 100 Spring Cove Court, Altamonte Springs, regarding unsecured pool on the property for Case #19-08900038; Margaret Cannon.

8. Certificate of Costs of Abatement for property located at 1521 Arden Street, Longwood, regarding unsecured pool on the property for Case #19-08900042; Judith E. Williamson, Richard D. Reagan, Jr., Traci M. Reagan, and Jacob K. Reagan.

9. Certificate of Costs of Abatement for property located at 387 Menashe Court, Longwood, regarding unsecured pool on the property for Case #19-08900032; Danny J. West.

10. Recording of Plats for Sipes Fehr.

11. Bill of Sale accepting the water and sewer system for the project known as Winterbrook.

12. Maintenance Bonds #CMS0255499 in the amount of $11,171.33, #CMS0339725 in the amount of $72,236.26, and #CMS0339726 in the amount of $194,478.14 for The Estuary at St. Johns subdivision.

13. Maintenance Bond #30096997 in the amount of $420,817.07 for the Rosecrest a/k/a Riverbend/Cameron Heights Village A subdivision.

14. Maintenance Bond #59BSBIG1787 in the amount of $25,599.91 for the Winterbrook subdivision.

15. Performance Bond #9341870 (Duplicate Original) in the amount of $35,990.85 for Circle K Longwood.

16. Performance Bond #30091719 in the amount of $2,307,774.25 for the River Bend at Cameron Heights Phase 2 subdivision.

17. Performance Bond #30091740 in the amount of $1,178,093.82 for the River Bend at Cameron Heights Phase 3 subdivision.

18. Addendum #1 to DCA #19-2050047 and Addendum #2 to D.O. #19-20500047, Integra Crossings Phase 1, Ming Yen and PRM Crossings/Lake Mary Owner, LLC.

19. Approval Development Orders #19-32000004, Landscape Design Group, Inc. - Special Exception, James & Susan Henderson; #19-32000010, Galileo Gifted School – Special Exception, Building Hope Skyway Drive, LLC; #19-30000103, 903 Bear Lake Road, Deaaron McCann; #20-0000001, 4840 Cliveden Loop, Stephanie Sharrer; #20-30000002, Lot 6 Block C Crestwood Drive; #20-30000003, 203 Colonial Lane, Anthony Green; and #20-30000019, 777 Big Tree Drive, Norelli Properties, LLC.

20. Memorandum of Understanding with Episcopal Retreat and Conference Center, Diocese of Central Florida, Inc., d/b/a Canterbury Retreat and Conference Center.

21. Memorandum of Understanding with Girl Scouts of Citrus Council, Inc.

22. Pet Rescue Cooperative Service Agreement with Polka Dogz Pet Rescue.

23. Special Counsel Services Agreement Adoption of 2020 SB 410 by Legislature with Nabors, Giblin & Nickerson, P.A.

24. CDBG Rapid Rehousing Case Management Services Agreement with Embrace Families Solutions, Inc., as approved by the BCC on July 23, 2019, as part of the 2019-2020 One-Year Action Plan.

25. ESG Subrecipient Agreement Program Year 2019-2020 with Embrace Families Solutions, Inc., as approved by the BCC on July 23, 2019, as part of the 2019-2020 One-Year Action Plan.

26. HMIS Participation Agreement Program Year 2019-2020 with Homeless Services Network of Central Florida, Inc., as approved by the BCC on July 23, 2019, as part of the 2019-2020 One-Year Action Plan.

27. HOME Program Agreement with Habitat for Humanity of Seminole County and Greater Apopka, Inc., as approved by the BCC on July 23, 2019, as part of the 2019-2020 One-Year Action Plan.

28. Parks Contracts for Services with Stephanie Schwartz, Richard Martin, Patrick Dennis, and Darcy Cobb; and Tennis Developmental Instructor Agreement with Jeff Levine.

29. Amendment #2 to Work Order #40, Amendment #1 to Work Order #45, Amendment #2 to Work Order #57, and Amendment #1 to Work Order #58 to PS-0009-15 with Inwood Consulting Engineers, Inc.

30. Amendment #2 to Work Order #44 and Amendment #1 to Work Order #56 to PS-0009-15 with Atkins North America, Inc.

31. Amendment #1 to Work Order #53 and Work Order #65 to PS-0009-15 with CPH, Inc.

32. Amendment #1 to Work Order #55 and Work Order #67 to PS-0009-15 with Metric Engineering, Inc.

33. Work Orders #68 and #69 to PS-0009-15 with Pegasus Engineering, Inc.

34. Amendment #1 to Work Order #4 to PS-0121-15 with Singhofen & Associates, Inc.

35. Amendment #1 to Work Order #7 to PS-0121-15 with DRMP, Inc.

36. Amendment #1 to Work Order #16 to PS-0157-15 with S2L, Inc.

37. Work Order #3 to PS-0201-15 with Environmental Research & Design, Inc.

38. Amendment #1 to Work Order #3 and Work Order #5 to PS-0426-15 with Horizon Engineering Group, Inc.

39. Amendment #6 to Work Order #2 to PS-0426-16 with England-Thims & Miller, Inc.

40. Work Order #14 to RFP-0532-15 with Connect Consulting, Inc.

41. Fifth Amendment to CC-0559-15 with Central Florida Environmental Corporation.

42. Work Order #27 to CC-0559-15 with Southland Construction, Inc.

43. Work Order #10 to RFP-0672-15 with The Colinas Group, Inc.

44. Change Order #1 to Work Order #27 to RFP-1294-17 with Pat Lynch Construction, LLC.

45. Change Order #1 to Work Order #29 and Closeout to Work Order #29 to RFP-1294-17 with M&J Enterprises International, Inc.

46. Amendment #4 to Work Order #4, Work Order #19, Work Order #20, and Work Order #21 to PS-1320-17 with Southeastern Surveying and Mapping Corp.

47. Change Order #1 to Work Order #7 to CC-1391-17 with CFE, Corp.

48. Work Order #12 to PS-1474-17 with S2L, Inc.

49. Second Amendment and Work Orders #9, #10, and #11 to PS-1529-17 with Iteris, Inc. f/k/a Albeck Gerken, Inc.

50. Amendment #2 to Work Order #4 to PS-1709-18 with Geosyntec Consultants, Inc.

51. Work Order #16 to PS-1822-18 with Carollo Engineers, Inc.

52. Work Order #17 to PS-1822-18 with Reiss Engineering, Inc.

53. First Amendment and Amendment #1 to Work Order #30 to PS-1832-18 with Tierra, Inc.

54. Second Amendment, Amendment #2 to Work Order #15, and Amendment #2 to Work Order #16 to PS-1832-18 with CDM Smith, Inc.

55. Work Order #3 to RFP-1932-18 with Renaissance Planning Group, Inc.

56. Work Order #12 to PS-1998-18 with Ei Sciences, Inc.

57. Work Order #13 to PS-1998-18 with Environmental Consulting & Technology, Inc.

58. Change Order #2 to CC-2034-18 with Linton Enterprises, Inc.

59. Change Order #1 to CC-2154-18 with Leisure Construction, Inc.

60. Amendment #3 and Amendment #4 to Work Order #1 to RFP-2324-19 with CGL Companies, LLC.

61. Change Order #3 to CC-2352-19 with Comanco Construction, Corp.

62. Change Order #3 to CC-2407-19 with Glen Holt Aluminum, LLC.

63. Change Order #3 to CC-2408-19 with Linton Enterprises, Inc.

64. Change Order #2 to CC-2421-19 with Linton Enterprises, Inc.

65. Change Order #6 to CC-2466-19 with Morrissette Electric, Inc.

66. Amendment #1 to Work Order #1 and Amendment #1 to Work Order #3 to PS-2468-19 with GAI Consultants, Inc.

67. Work Order #5 to PS-2468-19 with S&ME, Inc.

68. Work Order #6 to PS-2468-19 with CPH, Inc.

69. Change Order #3 to CC-2497-19 with Glen Holt Aluminum.

70. Closeout to CC-2642-19 with BK Earnest, LLC.

71. Change Order #1 to CC-2657-19 with Linton Enterprises, Inc.

72. CC-2696-19 with Linton Enterprises, Inc.

73. M-2942-20 with Tierra, Inc.

74. Second Amendment to CC-9184-13 with Central Florida Environmental Corporation and Driveways, Inc., d/b/a Affordable Dev. Water, Sewer, Drainage, FL. St. Cert #CUCO44223.

75. Amendment #7 to Work Order #22 to PS-9738-14 with Environmental Consulting & Technology, Inc.

76. Amendment #9 to Work Order #6 and Amendment #1 to Work Order #8 to PS-9742-14 with Jacobs Engineering Group, Inc.

77. Work Order #6 to PS-9983-15 with Atkins North America, Inc.

78. Fourteenth Amendment to RFP-600933-10 with Konica Minolta Business Solutions U.S.A., Inc.

79. Second Amendment to RFI-602205-17 with Ten-I Fire Equipment, Inc.

80. First Amendment to RFP-603003-17 with Genset Services, Inc.

81. First Amendment to IFB-603130-18 with Airgas USA, LLC.

82. IFB-603702-19 with Municipal Emergency Services, Inc.

83. Bids as follows:

IFB-603725-20 from Dana Safety Supply; North America Fire Equipment Co., Inc.; TechnicalRescue.com; Ten-8 Fire Equipment; Municipal Equipment Company;

DB-2785-19 from Collage Design and Construction Group, Inc. d/b/a The Collage Companies; Wharton-Smith, Inc.;

PS-2872-20 from Avcon, Inc.; Ayres Associates, Inc.; Bentley Architects + Engineers; Consor Engineers, LLC; Dewberry Engineers, Inc.; Heath & Lineback Engineers, Inc.; Kisinger Campo & Associates, Corp.; Thompson Engineering Group, Inc.;

IFB-603745-20 from Medigreen Waste Services; Stericycle, Inc.; Medical Disposal Systems;

RFP-603757-20 from Omilia Natural Language Solutions, Ltd.; Aumtech, Inc.; Message Technologies, Inc.; Selectron Technologies, Inc.

BID-603773-20 from Fisher Scientific; 908 Devices, Inc.;

RFP-603756-20 from E.W. Siver & Associates, Inc. d/b/a Siver Insurance Consultants;

RFP-603741-20 from National Benefit Service Center;

BID-603755-20 from AeroClave, LLC; and

CC-2613-19 from Welsh Construction, Inc.

Sheriff’s Office

34. Approve submittal of a grant application to the US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for the Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program (COSSAP) requesting up to $900,000 over three years; and authorize the Sheriff or his designee to execute any documents associated with the grant application. (2020-XXXX)

35. Approve submittal of a grant application to the US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for the Coronavirus Emergency Supplemental Funding Program requesting $137,645 to assist in preventing, preparing for and responding to the coronavirus; and authorize the Sheriff or his designee to execute any documents associated with the grant application. (2020-XXXX)

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

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #36 – (2020-1983)

Information Budget Transfer Status Report

The Budget Transfers were processed by staff and approved by the County Manager per Section 22.5 of the Seminole County Administrative Code. They are presented to the Board for record and informational purposes. These transfers do not impact reserves or recognize new revenue.

COUNTY INVESTMENT ADVISOR’S REPORT

Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed). Mr. McIntyre expressed the market is volatile right now due to the COVID-19 situation and investment opportunities are changing daily.

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt the recommendations of the County’s Financial Advisor based on the presentation and report submitted today and to direct the Clerk to implement said Board-adopted recommendations.

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

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

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Chairman Zembower recessed the meeting at 2:37 p.m., reconvening at 3:00 p.m.

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

PUBLIC HEARINGS

Agenda Item #37 – 2020-1982

7030 South Sylvan Lake Drive Boat Dock/Shelia Cichra

Mary Moskowitz, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum. Commissioner Carey clarified the applicant currently has a dock that is being removed and this will be the replacement dock. Sheila Cichra, Streamline Permitting, on behalf of the Applicant stated she agreed with staff’s recommendations.

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

Motion by Commissioner Carey, seconded by Commissioner Zembower, to approve the request for a 1,960 square foot boat dock on property located on the north side of South Sylvan Lake Drive, approximately 7,000 feet east of Orange Boulevard, more particularly known as 7030 South Sylvan Lake Drive; Shelia Cichra, Applicant; Development Order.

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

Agenda Item #38 – 2020-1975

Kew Gardens Unnamed Alley Right-of-Way Vacate/Justine & Roger Cascante

Joy Giles, Planning and Development Division, presented the request as outlined in the agenda memorandum. It was determined Justine Cascante, 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 Carey, to adopt appropriate Resolution #2020-R-55, vacating and abandoning an uncut portion of an unnamed right-of-way, as recorded in Plat Book 4, Page 51, in the Public Records of Seminole County, Florida, for property located on the west side of Beverly Street, south of Onslow Avenue, Oviedo, Florida; Justine & Roger Cascante, Applicant.

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

Agenda Item #39 – 2020-2028

River Cross Settlement Agreement

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to end discussions of the potential swap of the Econ River Wilderness Area and to send the River Cross case back to federal court.

With regard to public participation, the following spoke in opposition to the land swap and/or in support of the motion to withdraw from the land swap settlement: Bernie Hearl, 2476 Fawn Run; Tony Nour, 4936 Norther Dancer Way, Orlando; Kim Heisey, 2025 Lavers Circle, Delray; Liz Boggs, 4152 Stonefield Drive, Orlando; Bonnie Harrison, 784 Jordan Court; Carol Pickler, 3838 Sanibel Cove; Debra Poulalion, 1367 Cor Jesu Court; Brennon Woodye, 150 Bear Springs Drive #208; Rory Trumbore, 550 Brookside Circle; Anthony Hevia, 3519 Stonefield Drive, Orlando; Ron Berti, 4443 Saddleworth Circle, Orlando; Jeff Rupert, 3832 Sanibel Cove; Brigitte Kovacevich, 2478 Shoal Court; Nancy Harmon, 752 Pioneer Way; RJ Mueller, 14366 Stamford Circle, Orlando; Dave Pellar, 2670 Running Springs Loop; Kim Buccheit, 252 Spring Run Circle; Michael Callahan, 2478 Shoal Creek; Joanne Counelis, 324 Clermont Ave; Andre Klass, 3250 Retreat View Circle; Laurene Hearn, 2507 Fawn Run; Rebecca Wilkinson, 1240 Brumley Road; Seerina Farrell, 4730 Sudbury Drive, Orlando; Becca Kiriazes, 14806 Faverham Circle, Orlando; Nick Zirillo, 2272 Red Ember Road; Paul Ruben, 2136 Gresham Street, Sebring; Zalpha Hashem, 3034 Randleman Court; and Blue Kauffman, 5871 SW 51st Court.

No one else spoke in support or opposition, and public input was closed. Public Comment Forms not received.

Commissioner Carey pointed out natural lands don't come to be just because it's something the County has owned for years. It is something that somebody has to be willing to allow the County to acquire.

Commissioner Lockhart stated swapping the number of acres the County had for a larger number of acres seemed like a good deal initially. She has since talked to quite a few experts in the field and learned that quantity is not everything and quality is important. One of the reasons they were willing to go down this path was because they thought it would be a way to protect the rural boundary. She has heard from citizens who are saying they want to protect the rural boundary too, but they don't want to do it this way. They would rather do it in court. It's their boundary. It's their Charter. It's their piece of property. It's their money being used to fight this, and they are willing to weigh the risk reward of pursuing this in the courts.

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

District 5 voted NAY.

Motion passes 4 to 1.

COUNTY MANAGER’S REPORT

Ms. Guillet provided an update on the funding the BCC approved at the last meeting in order to provide additional community assistance. They have been able to aid a number of people in the community through those general fund dollars and have spent about $30,000 providing rental and utility assistance for citizens that may not been eligible under other programs. There are also a number of applications currently in the process to receive the state and federal funding that the County already had in place. Ms. Guillet thanked the community services staff for their work.

Ms. Guillet advised the County was awarded approximately $1.3 million in CDBG funding through the CARES Act. That money can be used for items specifically related to COVID-19 challenges. There are some capital expenditures that it can be utilized for, but there is also an opportunity for economic assistance and that's where staff intends to focus the bulk of those funds. $1.3 million doesn't go far and will only put a small dent in the economic impact that has been seen in the community. Trisha Johnson, Deputy County Manager, and the Economic Development staff have reached out to the business community to try to determine what exactly the community's needs are from an economic stabilization standpoint. The CDBG funds can be used for businesses that provide jobs to low- to moderate-income employees or provide services and goods to those communities, so they are focusing on how to best assist them, whether it's payroll protection or rental assistance. The Board will have to sign off on an amendment to the Consolidated Plan for the use of those funds, and staff will be bringing a proposal forward at the May 12th meeting.

Ms. Guillet advised staff is working with the lobbyist and others to try to gain access to the CARES funds that went to the state. There was a lot of money that was directed to state and local government. However, Seminole County was short of about 30,000 residents to meet the threshold to receive that direct funding through the CARES Act, so they will be working with the State to get a fair allocation of the funds that were funneled through them. Staff will be reaching out to the Commissioners before the next meeting as they finish up the revision to the Consolidated Plan.

Commissioner Carey inquired how local businesses will be alerted about how to prepare to reopen. Ms. Guillet responded they will continue to communicate as they have been through the business database and press releases. She advised they have also been communicating with the cities so they know what to anticipate and will be able to answer questions of businesses in their communities as well.

Commissioner Lockhart stated she has had a couple of citizens reach out to her because they are concerned there are not any laypeople business owners as a part of the reopening discussions and that it might be very beneficial to have actual business owners as members of the Policy Group that is making those reopening decisions. Chairman Zembower responded as a member of the Policy Group, he has heard from small, large, and Fortune 500 companies ever since this unrolled. He has corresponded with the Chambers as well as attending the regional task force which has huge employers. If there's a specific company that has any input, he has no problem with that, but they are receiving a lot of input and questions from the business community. He is happy to accommodate or do whatever needs to be done there.

Commissioner Carey expressed it is important that people do understand that the County Commission are not the ones making the decisions. It is the Policy Group who is making the recommendations. Ms. Guillet clarified that under state statute, they are required to appoint an emergency manager and that is the authority that issues the local executive orders. The initial declaration of local emergency is issued by the Chairman, but the executive orders that fall under that are issued through the Director of Emergency Management, Alan Harris, per Florida statute and under the Code. Before he issues any executive orders, he does consult with the Policy Group, which consists of staff, medical experts, the medical director, and the director of the health department. Mr. Applegate added Mr. Harris will have to make decisions with talking to different staff or different departments around the state on a moment's notice, depending on how things are changing, and he's done a great job working with staff. Ms. Guillet stated the other thing that will influence how they react locally is what the governor issues. His executive orders will typically trump local orders to a certain extent and sometimes they work together.

Agenda Item #40 – 2020-2017

BAR #20-053 – Clerk Transfer for Lost Revenues

Ms. Guillet stated this is a request for a transfer of funding to the Clerk's Office to bridge a gap in fee revenue. When the Board approved the Clerk's budget, there was a transfer element from the Board and there was also a fee element. As has been done in previous years, they have said if there is an issue with fee revenues falling short or some other kind of funding issue, the Clerk is invited to come back to the Board and ask for an additional transfer. The existing challenge with COVID-19 has had a significant impact on fee revenue. The Clerk's Office continues to provide services to both the Board of County Commissioners as well as on the court side. Staff is recommending the approval of this transfer of additional funding so the Clerk can continue to provide services to the community.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to adopt appropriate Resolution #2020-R-56 implementing Budget Amendment Request (BAR) #20-053 through the General Fund Reserves in the amount of $300,000 to provide funding support to the Clerk of the Circuit Court and Comptroller to offset lost revenues and provide for payroll protection.

Grant Maloy, Clerk of the Court and Comptroller, thanked Ms. Guillet for working with Brent Holladay, Chief Deputy Clerk, in coming up with a plan. Clerk Maloy stated they are definitely facing a situation that has never been faced before and he really appreciates the partnership and cooperation; and if things turn around, they will have some surplus to return at the end of the year. This transfer of funds will help the Clerk's Office get some important work done while also protecting some job security.

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

COUNTY ATTORNEY’S REPORT

Mr. Applegate recognized Lynn Porter-Carlton, Deputy County Attorney, for her work on the Estep Construction litigation settlement. Due to her insistence on filing a very low offer of judgment based on her confidence in the analysis of the case, the County is recouping $323,000 in attorney's fees. She also successfully argued that in-house government attorneys are entitled to a reasonable hourly rate on litigation.

DISTRICT REPORTS

District 4

Commissioner Lockhart shared her experience working from home during the COVID-19 epidemic and urged everyone to look for the good in the situation, such as being able to spend a lot more time with family and being more intentional about the way we all do our work.

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Regarding Five Points, the Commissioner noted space requirements may be very different than what they previously thought because they now have an opportunity to have a paradigm shift in the way that the County works.

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The Commissioner expressed it is a very challenging time. She is very grateful for staff and she thanked them for the excellent job they are doing. She reiterated that her questions and concerns do not denote that she has a lack of trust, but it is her responsibility as a member of this commission elected by the people to be asking the hard questions, which she will continue to do.

District 1

Commissioner Dallari stated a couple of months ago, some of the residents in Tuskawilla Estates advised about some drainage issues with the new development. He appreciates the citizens’ patience. The Commissioner did speak to the developer last week, and the developer is waiting for some final tests to come back and will then be making some recommendations and working with staff to fix those drainage issues.

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The Commissioner expressed his thanks to Pastor Nixon of Rockhill Missionary Baptist Church in Oviedo for hosting a pop-up COVID testing site in Jamestown. He also thanked staff and first-responders for their hard work.

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Commissioner Dallari explained that as part of the I-4 widening project, there was a proposed water line in the express lanes. MetroPlan was notified last week that that fire line will no longer be in the express lanes. Fire Chief Drozd is working with DOT to try to get that back into the plans as it will be advantageous to have an ample water supply if there is an emergency on I-4.

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The Commissioner advised the East Coast Believers Church made a food bank delivery on Good Friday, and they also have been working with the Rescue Outreach Mission to provide assistance to citizens. The Commissioner thanked them and the many other churches and nonprofits who are helping the community in this time of need.

District 5

Commissioner Carey reported the Sanford-Orlando Airport was successful in getting $22.7 million in CARES funds, which will be used in the form of a grant over the next three to four years to move projects forward. Allegiant Airlines is still flying, though on a greatly reduced schedule, in and out of Sanford. They also have received CARES funding and have assured the Airport board members they will still be able to have a presence and be able to sustain at the airport but will not grow as quickly as they had planned prior to COVID-19.

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The Commissioner recognized Hector Valle, who works at the transfer station. Many people are doing home projects right now, and several residents have reached out to compliment him on his work.

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Commissioner Carey expressed her appreciation to all the community partners who are helping assist the local communities.

District 3

Commissioner Constantine expressed his appreciation and thanks to staff, the emergency preparedness group, and all of the not-for-profit organizations for doing an incredible job.

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The Commissioner reported LYNX will continue the policy of free rides through the end of May on the limited routes that are still running. As part of the CARES Act, LYNX will be receiving approximately $77 million over the next few years. A lot of the money will be used for services provided, which will take a burden off of their partners. And as part of a pass-through, SunRail will also be receiving approximately $29 million from the CARES Act.

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The Commissioner expressed the importance of everyone filling out the 2020 Census to make sure every citizen is counted, because the population count can affect funding the County receives through different grants, such as how they fell short by 30,000 residents to receive some direct federal funding through the CARES Act.

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The Commissioner stated the governor will soon be making a decision on SB 410. The County, the Florida Association of Counties, and others have requested a veto because of the mandates that are placed on not allowing charter counties to run their own business when it's related to growth management. Right now, there are an overwhelming number of letters that are coming in, in opposition to SB 410 and asking for a veto; and any more that could come in would be imperative.

District 2/CHAIRMAN’S REPORT

Chairman Zembower advised the Geneva community has announced the community’s 4th of July parade will be canceled until such time there is a vaccine available for COVID-19.

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The Chairman reported there is a drainage issue on Retreat Road that has been manifesting for a long time. There was some grant money that was allocated for the right-of-way drainage issue in that area, and FEMA has extended that grant. The county attorney's office is working on some issues with one of the properties that is involved with a bank foreclosure. Once that is resolved, they should be able to get that drainage improvement in place.

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The Chairman summarized what he has been doing in his responsibilities as chairman in regards to the COVID-19 pandemic and expressed his thanks to staff, citizens, businesses, community partners, and the seven cities.

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The Chairman stated he had a conversation in directing staff to consider looking at the future economic impacts that will be coming. The Chairman commended Commissioner Carey on her recommendation, when she was chairman last year, to have budgets due earlier this year as it will be a great help now.

Commissioner Carey stated it would be interesting to know what the impact has been on the gas tax and sales tax revenue over the last couple of months and particularly year over year. There are a number of things that are funded by both of those sources. If they are going to have to use general funds to shore some of those dollars up, she thinks the sooner they know that the better. She requested they get that information ahead of the budget conversations. Chairman Zembower responded the county manager has the resource management team already working on those reports.

Ms. Guillet advised they are looking at that and they also started doing projections. There is a budget work session scheduled for May 19th. Staff has been looking at not only impacts on this upcoming fiscal year but two more years out, because they think the property tax impacts are going to be a couple of years out. They want to show a three-year window understanding that the decisions made this year will impact the next two years. They have been looking at all of the different revenue sources trying to do some projections so the Board will have some idea not only with respect to the overall operating budget but also with respect to utility rates. There is a rate sufficiency study right now, and it will be shared at the budget work session. Staff will provide an idea of what the fiscal landscape is going to look like over the next two to three years as the Board makes their decision on the upcoming budget. Staff also has some historic data from the recession. One of the things staff is looking at is the impact of the different unemployment rates and the impacts they had on revenue. Ms. Guillet requested that if any of the Commissioners have other things they want to know about or other trends they would like to see prior to 19th, to advise her. Commissioner Carey requested all the information is distributed as far in advance of the 19th as possible so they have time to review it all. Chairman Zembower advised he had a conversation with Ms. Guillet about the need for an additional budget work session and requested that get circulated through all the Commissioners’ office to see what their schedules are.

COMMUNICATIONS AND/OR REPORTS

The following Communications and/or Reports were received and filed:

1. Letter dated April 2, 2020, from John Gibbs, Acting Assistant Secretary for Community Planning and Development, HUD, to The Honorable Jay Zembower re: Allocating special ESG Program Funds in connection with CARES Act and COVID-19.

2. Letter dated April 2, 2020, from John Gibbs, Acting Assistant Secretary for Community Planning and Development, HUD, to The Honorable Jay Zembower re: Allocating special CDBG Program Funds in connection with CARES Act and COVID-19.

3. Letter dated April 21, 2020, from James D. Stansbury, Chief of DEO, Bureau of Community Planning and Growth, to The Honorable Jay Zembower re: Review of Comprehensive Plan Amendment in connection with Seminole County Ordinance #2020-07 and the finding of no provision that would necessitate a challenge. cc: Rebecca Hammock, Seminole County Development Services Director; Hugh W. Harling, Jr., Executive Director, ECFRPC.

4. Letter dated April 13, 2020, from Ruben A. Acosta, Survey & Registration Supervisor, Florida Bureau of Historic Preservation, to The Honorable Jay Zembower re: Georgetown Historic District proposed for nomination for listing in the National Register of Historic Places.

5. Letter dated April 8, 2020, from Chris Kintner, City of Longwood Community Development Director, to Jay Zembower, BCC Chairman, re: Request for voluntary annexation into the City of Longwood, 1800 Lake Emma Road. C: Seminole County Manager Nicole Guillet; Clint Gioielli, Longwood Acting City Manager.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:36 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

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