BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
July 13, 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, July 13, 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 Jay Zembower (District 2)
Commissioner Andria Herr (District 5)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Clerk of Court and Comptroller Grant Maloy
Deputy Clerk Chariti Colon
Work Session Agenda Items #1 and #2 were held in the morning, and Work Session Agenda Item #3 was presented under the County Manager’s Report.
OPENING CEREMONIES
Chaplain Dan Royer, Ethnos360 Retirement Center, Sanford, gave the invocation. Bill Hyde, citizen, led the Pledge of Allegiance.
-------
Chairman Constantine recessed the BCC meeting at 1:34 p.m. to continue the morning work sessions; reconvening the BCC meeting at 2:06 p.m.
CONSENT AGENDA
With regard to public participation, no one spoke in support or opposition to any consent agenda items, and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the following:
County Manager’s Office
Office of Emergency Management
4. Approve and authorize the Chairman to execute the Letter of Promulgation adopting the County's Comprehensive Emergency Management Plan (CEMP). (2021-2783)
Addressing
5. Authorize the Chairman to execute appropriate Resolution #2021-R-103 renaming Hill View Drive to Hillview Drive. (2021-2768)
Community Services
Business Office
6. Approve and authorize the Chairman to execute the First Amendment to Interlocal Agreement between Citrus County, Hernando County, Lake County, Marion County, Seminole County, and Sumter County for Cost Share of Medical Examiner Services and Related Matters. (2021-2779)
25. Consent Agenda Item number not sequential - Approve the Seminole County and Rescue Outreach Mission of Central Florida Funding Agreement in the amount of $523,000 to be used for homelessness mitigation and operations of the emergency shelter and authorize the County Manager to execute any associated agreements related to this specific funding source. (2021-2798)
Development Services
Planning and Development
7. Authorize the release of Roads, Drainage, Water, Sewer, Hardscape & Landscape Performance Bond #SUR0060723 in the amount of $1,303,675.98 for the Hideaway Cove at Oviedo Phase 3 subdivision. (2021-2759)
8. Authorize the release of Private Road Maintenance Bond #SUR0048105 in the amount of $267,292.33 for the Hideaway Cove at Oviedo Phase 1 subdivision. (2021-2760)
9. Approve the plat for the Riverside Oaks Phase 3 subdivision containing thirty-four (34) lots on 7.12 acres zoned PD (Planned Development), located on the north side of Celery Avenue, approximately ½ mile west of Cameron Avenue. (2021-2762)
10. Approve the plat for the KBC Industrial Park subdivision containing six (6) lots on 9.84 acres zoned PD (Planned Development), located on the north side of Orange Boulevard, approximately 600 feet east of Missouri Avenue. (2021-2763)
Environmental Services
Business Office
11. Approve the release of five (5) original Maintenance Bonds for Water & Sewer Facilities and (1) Maintenance Agreement with Letter of Credit as follows: (1) #107031911, FDOT Regional Transportation Management Center, in the amount of $12,000; (2) #30068963, Phase 2 of Water’s Edge at Hawk’s Crest Phase 3, in the amount of #29,469.36; (3) #SUR0048114, Hideaway Cove Phase 1, in the amount of $73,429.81; (4) #CMS335514, Legacy Estates, in the amount of $2,631.19; (5) #54-225976, Oviedo Commerce Center, in the amount of $4,990.60; and (6) Sylvan Trails in the amount of $7,066.57. (2021-2765)
Leisure Services
Greenways and Natural Lands
12. Approve and authorize the Chair to execute the Temporary Construction Easement for Lake Monroe Wayside Park with Kiewit Infrastructure South Co. (2021-2773)
Public Works
Engineering
13. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #129 for acquisition of property needed for the Orange Boulevard Improvement Project (625 ± SF) between Richard K. Whiting, Jr., Trustee of the Richard K. Whiting, Jr. Revocable Trust and Seminole County for $5,939.00, as full settlement of all attorney’s fees and other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2021-2767)
14. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel 2 for acquisition of a drainage easement needed for the Nebraska Bridge Replacement Project (17,960 ± SF) between Craig Young and Kimberlee Young and Seminole County for $8,300.00, as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to the parcel. (2021-2771)
15. Approve and authorize the Chairman to execute a Donation Agreement related to a sidewalk easement needed for the Goldie Manor Sidewalk Project (126.75 ± SF) between Raquel Molina and Raciel Paz and Seminole County. (2021-2772)
Resource Management
Budget
16. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-104 implementing Budget Amendment Request (BAR) #21-073 in the General Fund to transfer $148,638 from Operating to Capital funding of the installation and equipment for four (4) UPSs at the CJC from operating budget to capital outlay. (2021-2789)
17. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-105 implementing Budget Amendment Request (BAR) #21-074 to re-allocate funds for the purchase of capital for the Emergency Operations Center Digital Upgrade Project in the amount of $35,779 in the Technology Replacement Fund and $6,313 in the General Fund for a total of $42,092. (2021-2790)
18. Approve and authorize the Chairman to execute appropriate Resolution #2021-R-106 implementing Budget Amendment Request (BAR) #21-075 in the Major Projects Fund to appropriate budget for the procurement of analytical software and real-time data reporting capabilities in the amount of $30,540. (2021-2764)
19. Approve and authorize the Chairman to execute Modification #2 to Subgrant Agreement (Contract #H0137) with FEMA through the State of Florida Division of Emergency Management for the Hazard Mitigation Grant Program (HMGP) in acceptance of additional grant funding of $10,467 for Sub-Recipient Management Costs (SRMC); and to execute appropriate Resolution #2021-R-107 implementing Budget Amendment Request (BAR) #21-076 through the Federal Mitigation Grant Funds in the amount of $10,467. (2021-2791)
20. Approve and authorize the Chairman to execute Federally Funded Subaward Grant Agreement #G0307 from the U.S. Homeland Security Federal Emergency Management Agency (FEMA) through the State of Florida Division of Emergency Management in acceptance of $119,344 for Emergency Management Performance Grant (EMPG); and to execute appropriate Resolution #2021-R-108 implementing Budget Amendment Request (BAR) #21-077 through the Disaster Preparedness Fund in the amount of $119,344 to establish funding. (2021-2792)
21. Approve and authorize the Chairman to execute State-Funded Grant Agreement #A0215 from the State of Florida Division of Emergency Management in acceptance of $105,806 for the Emergency Management Preparedness and Assistance (EMPA) grant award; and to execute appropriate Resolution #2021-R-109 implementing Budget Amendment Request (BAR) # 21-078 through the Disaster Preparedness Fund in the amount of $105,806 to establish funding. (2021-2793)
Purchasing & Contracts
22. Award IFB60413221/LNF, Term Contract for Exterior Window Cleaning, to Florida Cleaning Systems, Inc. d/b/a FCS Facility Services, Inc., Altamonte Springs, at the estimated annual amount of $37,000.00; and authorize the Purchasing and Contracts Division to execute the Agreement. (2021-2761)
Districts 1, 2, 3, 4, and 5 voted AYE.
REGULAR AGENDA
Agenda Item #23 – 2021-2614
2021 Interlocal Agreement for Public School
Facility Planning and School Concurrency
Rebecca Hammock, Development Services Director, addressed the Board to present the request as outlined in the agenda memorandum. Ms. Guillet stated the Board previously gave direction for her to get with the School Superintendent to resolve the issues that were of concern with this Board as well as some of the concerns the School Board had with the proposed language, and she thinks this addresses those concerns. It has been socialized with the cities on a staff level, and it appears there were no objections when it was discussed with the city managers. She recommends the Board move forward with these changes.
Motion by Commissioner Herr, seconded by Commissioner Lockhart, to adopt the 2021 Interlocal Agreement as revised for Public School Facility Planning and School Concurrency as presented in this item with Seminole County Board of County Commissioners; the Commission or Council of the Cities of Longwood, Altamonte Springs, Oviedo, Winter Springs, Lake Mary, Sanford, Casselberry; and the School Board of Seminole County.
Commissioner Zembower commented he would like the white paper he requested be part of the record in this matter so that it is preserved for future boards. Bryant Applegate, County Attorney, advised the white paper is a legal opinion dated June 10, 2021, from his office to the Board concerning a question about whether a Board of County Commissioners can lock in future boards in perpetuity (received and filed).
Districts 1, 2, 3, 4, and 5 voted AYE.
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 - LEGISLATIVE
Agenda Item #24 – 2021-2570
Public Hearing Notification Comprehensive
Plan and Land Development Code Amendments
Mary Moskowitz, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt Ordinance #2021-29 enacting Comprehensive Plan text amendments to amend regulations applicable to Public Participation and Public Notice for Public Hearings; and adopt associated Ordinance #2021-30 enacting corresponding revisions to the Land Development Code.
With regard to public participation, Nancy Harmon submitted a Written Comment Form in support. The following spoke in support and addressed Zoom availability, rural boundary, and email notification: Cindy Haller, Cali Adams, Joseph Humphreys, and Linda Barker.
Upon Commissioner Lockhart's request for clarification in regards to Zoom meetings, Ms. Guillet stated they are aware of the petition and request to continue the Zoom meetings. She advised utilizing Zoom is very labor-intensive. They are trying to analyze what the cost is associated with that as well as taking a look at what the demand and usage has been over the last several months, and they will bring back a report to the Board with the findings. Ms. Guillet added the meetings have been and continue to be accessible to watch remotely online or through SGTV.
No one else spoke in support or opposition, and public input was closed.
Public Comment Forms were received and filed.
Under discussion, Commissioner Lockhart commented she does not think it is not a reasonable request for email notification lists because they are not easy to maintain and keep updated. She advised the School Board does maintain a list of the local municipalities and governmental entities to notify when there is a policy change. She suggested if the majority of the Board is interested in doing that, they should look at how the School Board manages it. It is a big job for one individual.
Ms. Guillet advised the plan right now is to operate under the guidelines that are about to be adopted. If the Board wants to do additional things, staff will look at them. These are somewhat labor-intensive so there will be staffing concerns and issues they would have to deal with if they start to ramp things up. Commissioner Lockhart confirmed with Ms. Guillet that currently the County advertises on Nextdoor, Facebook, the website, and the newspaper.
Commissioner Herr stated when they do the website update, they should include in that RFP the technologic capability to have a self-maintained email list where people can submit and update email addresses. It is then on the public to keep it up to date, and all staff is doing is maintaining the system. They should be striving to make it as easy as possible for the public to engage.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY MANAGER’S REPORT
Item #3 – 2021-2784
Work Session - ARPA Discussion
Ms. Guillet presented and reviewed a PowerPoint entitled American Rescue Plan Act (presentation included in the agenda memorandum).
Ms. Guillet advised there are approximately $3 million left from CARES monies. She suggested to take $2 million of that and put it into small business assistance and use that countywide without direct participation from the cities, because CARES dollars were intended to be used countywide. Once that money is depleted, then if the cities or the county wanted to continue doing small business assistance, they would put in however much they wanted to contribute. Whatever the jurisdiction was funding, the County would administer the program.
Special economic assistance is workforce training and also technical assistance for small businesses. She is proposing a million dollars for workforce training and half a million dollars proposed for small business assistance. Those would both be through Seminole State College. Small business technical assistance has discreet services that could be quantified by businesses. The workforce training is a little more nebulous. They talked about the cities participating at an optional discretionary level. On the small business technical assistance, the cities could pick how many businesses they wanted to assist. On the workforce training, they would do a pro rata for participation. For those who wanted to participate, it would be done on a population basis. They are also interested in participating in the mental health initiatives, both what the Sheriff's Office has proposed to do as well as partnerships. That would be a category that they do basically on a pro rata basis because it's hard to parse that out as well.
Nonprofit is sticky because there are nonprofits that serve all over the county. The County would administer that and the cities would participate on a pro rata basis. The same with homelessness diversion. That would be on a discretionary basis because not everybody is gung ho about that.
What they can spend revenue replacement dollars on is more flexible than anything else in the act. There is a formula to calculate how much revenue replacement they are eligible for, and they are eligible to convert $48.5 million of the $91.6 million to revenue replacement. This Board made a decision at the last work session that it felt comfortable using 30% of the overall ARPA dollars, which would be $27.5 million, for budget stabilization over the next several years so it is programmed in that way. Ms. Guillet's recommendation would be they convert as much as they can because they can always use it for stuff on the list, but they may need it for something that's not allowable under the act. They can use the revenue replacement dollars for any government service but not for debt, rainy day funds, legal settlement, and other things like that.
With regard to broadband service, Ms. Guillet stated she would like to get the consultant going pretty quickly because if they are going to do infrastructure, they need to have the time to do it. Something that came out of the meeting yesterday with the city managers is she thinks the cities would like to throw in on the cost of the study because they are interested in finding out what's going on in their jurisdictions as well and may also invest in broadband. Commissioner Dallari stated they need to distinguish between fixed or mobile broadband, and a brief discussion ensued.
Upon inquiry of Commissioner Lockhart, Ms. Guillet explained restaurants are eligible under small business assistance, but there was also a separate pot of money for restaurants and bars in the overall Recovery Act so they have access to another pot of money that the County doesn't have access to.
Commissioner Zembower stated he would like to know what benefit for workforce development came out of the CARES dollars. Ms. Guillet stated they know on some of it because they have outside contractors, but that can be tracked internally as well. Administrative costs are eligible for reimbursement under the act so they can capture that, and it is being captured in the direct assistance programs. Commissioner Zembower inquired how much of the money is going to be spent in managing the programs. Ms. Guillet responded she doesn't know that for everything. However, that is included in the numbers for direct assistance because they are paying for the administrative costs out of those dollars. Of the $14 million they got under Emergency Rental Assistance, only 12 and change is really eligible because part of it is administrative cost. Staff is trying to track that. They have not gone down into those details with every other category, but they do know what it is for those because they did them through CARES. Commissioner Zembower stated it sounds like they are going to have a lot of oversight, which means a lot of time and costs, and he thinks they should identify that as well. Ms. Guillet responded they will try to quantify that for the next work session.
Commissioner Herr stated she thinks there are two different administrative numbers they should count on. The ones that are included are great. The secondary one is staff time, and they need to at least understand what that is. They also need to potentially reconsider their expectations around what next year looks like depending on staff size. Ms. Guillet stated she would get with Lorie Bailey Brown, Resource Management Director, because most of the monitoring is going to fall on her. The most significant staff-intensive processes are the direct assistance because they all have to be reviewed. She will try to quantify that before the next work session to give the Board an idea of what they are looking at.
Commissioner Lockhart spoke about how to incentivize people to participate in a skill program. They are giving away knowledge and skills and people need to know they can access that. If that could somehow be worked into this, she thinks that would be fantastic. Ms. Guillet advised they went to Seminole State College about workforce development, and the college wants to focus on rapid credentialing and construction trades because that's what is so hot now. The County discussed with them about doing a public service academy for needed positions such as heavy equipment operator. The cities were very interested as well. She thinks connecting that to the individual assistance program is a great idea.
Commissioner Lockhart inquired if they were allowed by law with this program to provide assistance and also say they want to strongly suggest this skill opt opportunity. Bryant Applegate, County Attorney, responded there is a lot more guidance that is going to be coming out. Before he says yes or no, he needs to look at the guidance and other questions that are being asked around the country. There are a lot of questions that have to be answered. He requested everyone keep asking questions so his office can inquire about them.
With regard to water and sewer service, Ms. Guillet recommended they add stormwater because stormwater is part of the Clean Water Act. They have local match for that through the infrastructure sales tax dollar. They may be able to get there easier than they would on septic to sewer conversion. No objections were voiced.
Ms. Guillet noted they are still in excess of the $91.65 million by $11.65 million. That could get rolled up into the contingency dollars for the purposes of reporting. She thinks they can show a balance. But if they do that, they limit the contingency funds. She advised there is a follow-up work session on August 10th to provide the refined plan, and staff will ask the Board to approve the final structure on August 24th.
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised there may be a need for a special meeting down the road when he may have to make a recommendation to the Board on a moment's notice. There was an issue about sports memorabilia equipment being purchased on the Tax Collector's budget. The County will be asking for the money that was used to pay for the memorabilia and also the memorabilia so it the County can sell it on the market and someone else doesn't profit from it. Those are decisions that are to be made, and Mr. Applegate hopes to have more reports coming shortly on that.
-------
With regard to the opioid litigation, Mr. Applegate stated his office has provided the Board with five monthly written updates over the past year. There has been a bankruptcy proceeding with Purdue Pharma, the big defendant. There are $5 billion in assets that will eventually be distributed to governments. Florida is anticipating about 7% of those funds.
Desmond Morrell, Senior Assistant County Attorney, stated Purdue Pharma has been engaged in extensive bankruptcy since 2019 as a result of thousands of civil lawsuits related to opioid damages and deaths. After lengthy negotiations with state attorney generals, the US government, outside firms, special counsel, several other entities, insurers, individuals, Purdue has come up with a proposed bankruptcy plan which includes several provisions.
The Purdue Corporation would continue to exist under a new entity name with indirect ownership by state and local governments. This continued operation and eventual sale is expected to net between $1 and $2 billion. In addition to this, there is $4.275 billion that is expected to come from the Sacklers, Purdue's shareholding family. In addition to this, they are anticipating insurance proceeds and other assets which will be included as a part of this larger settlement. It is anticipated that approximately $5 billion will trickle down to the state and local governments and the State of Florida will receive approximately 7%. From there, it will funnel down and end up with the local governments, municipalities, counties, and respective agencies.
This is one of 15-plus defendants in this large-scale litigation. Mr. Morrell advised in the next couple of weeks, his office will be returning with a larger settlement proposal from the State of Florida. At the next meeting, representatives from outside counsel will be present to answer any questions from the Board. For today's purpose, they are simply looking for approval of the bankruptcy plan for Purdue Pharma.
Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve Purdue Pharma’s bankruptcy plan associated with the opioid litigation.
Districts 1, 2, 3, 4, and 5 voted AYE.
FUTURE AGENDA ITEMS
Commissioner Herr advised her office will be submitting an agenda item for a permanent no-through truck restriction on Longwood Markham Road. Based on all of the construction that is happening out there, trucks have been rerouted in the neighborhoods and there is a temporary sign. It has slowed the pace down, but it has not stopped it. Without a permanent sign, enforcement is limited.
-------
Commissioner Zembower stated during some of the Land Development Code work sessions, he has asked for planning staff to go back and dust off the previous studies for the county of where the county was ultimately going to be at a certain juncture. He would like the Commission further study to update and revise those studies as to what this county is going to look like for the next 20 or 30 years. He would want to be looking at things like building heights and interacting with the cities. Ms. Guillet advised a lot of what he is talking about will be covered in the community conversation and the plan to talk about land use policy moving forward. They can make sure the scope captures all of that because the long-term land use policy that is going to come out of the community conversation should certainly address all of that. The Commissioner noted he is fine if they can just cover that without doing another work session. Ms. Guillet suggested rolling it into this bigger planning process.
Public Comment on Items Not Related to the Agenda
Katrina Shadix spoke against tearing down trees to build a parking lot in Black Bear Wilderness Area and suggested a trolley system. She requested that the Commission consider passing an ordinance banning the use and sale of Roundup in addition to any and all weed killers, aquatic herbicides and pesticides containing glyphosate. She spoke about glyphosate and presented articles and photographs (received and filed). Commissioner Zembower requested Mr. Applegate give the Commission a briefing on their ability to control glyphosate, because his research indicates they are preempted by state and federal guidelines. Mr. Applegate responded he will get that to the Board at the next meeting.
-------
Bill Hyde spoke regarding transparency and stated the County is doing a good job. However, the web page needs to be fixed and he has concerns on continuing Zoom. SGTV is available and you can call in. He thanked the Commission for their support of veterans.
DISTRICT REPORTS
District 4
Commissioner Lockhart reported Chairman Constantine was elected at the Florida Association of Counties annual meeting as the president elect of that association.
-------
The Commissioner hosted a Florida friendly landscaping field trip at her home. University of Florida Institute for Food and Agriculture Sciences, IFAS, was the star of the show. She spoke about the need to expand the relationship with IFAS.
-------
The Commissioner displayed maps from 1940 to 2021 of her property depicting the tree canopy overlay through the years. She stated as much as they want to make sure they are preserving trees, the tree canopy has improved over time and she wouldn't feel too bad about taking out a tree.
District 5
Commissioner Herr reported CareerSource Consortium met and selected Jerry Demings, Orange County Mayor, as chairman and herself as vice chairman. There is an interlocal agreement that expires in May of 2022.
-------
The Commissioner advised she discovered an innovation lab housed at the Department of Health, and it is on par with something that would be seen in a consulting operation. It gives the opportunity to go there and innovate. The idea around innovate is around quality improvement to existing processes. There is a methodology on how to go through the discussions: You identify the issue, you identify the right people to be in the room, you leave your badges at the door because everybody is an equal when they are in the room, and you innovate around solutions to that. Ms. Guillet and Steve Fussell, Office of Organizational Excellence, attended with her. The Commissioner stated it is an amazing free resource to them and she encourages all of the departments to think about that as they are looking for improvement opportunities in their areas. They have trained facilitators who will facilitate free of charge.
District 1
Commissioner Dallari reported the SunRail design-build ad is posted for a Phase 2 North. It started on June 28 and is moving out as planned.
-------
The Commissioner advised the Orlando Sanford Airport has two new airlines flying from Sanford to five cities in Canada.
-------
The Commissioner noted the Special Olympics is coming to Central Florida June 5 through the June 12, 2022. There will be around 5,500 athletes and coaches from 50 different states. The Commissioner stated they should be putting out the red carpet for them, and he would like to see what they can do. He is requesting staff bring back different ideas of what would be appropriate. No objections were voiced.
District 2
Commissioner Zembower displayed a map (received and filed) and stated the map will be very important in the discussion about where the county is headed, where they are going to end up, et cetera. The Wekiva Protection Area is on the far left side. The entire eastern rural area is on the far right side. Parks, trails, and county-owned properties and facilities are notated. It also shows the city jurisdictions. The Commissioner opined there is not a lot left to happen in the county, and that's why it's going to be important to have JPAs with the cities. GIS is currently working on the JPA overlay. The Commissioner stated he wanted to share this with everyone and his office will be providing the link. He hopes staff can utilize it in discussion about where they are headed 20, 30 years from now.
District 3/CHAIRMAN’S REPORT
Chairman Constantine reported on upcoming and past events and meetings he will attend or has attended.
-------
The Chairman advised Commissioner Lockhart was selected for the Board of Directors in the district for the Florida Association of Counties.
COMMUNICATIONS AND/OR REPORTS
There were no Communications and/or Reports received and filed.
--------
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:51 p.m., this same date.
ATTEST:_____________________________Clerk___________________________Chairman
clc