BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
July 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 9:30 a.m., on Tuesday, July 28, 2020, via Communications Media Technology (CMT) through the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
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 Clerks Chariti Colon, Kyla Farrell, and Terri Porter
Reverend John Pierce, Ethnos360, Sanford, gave the Invocation. Commissioner Lockhart led the Pledge of Allegiance.
Alan Harris, Office of Emergency Management, addressed the Board to report on the emergency management response to the COVID-19 pandemic and the monitoring and preparation efforts for tropical wave Invest 92L, which is currently located in the mid-Atlantic.
Commissioner Lockhart commented there has been some social media activity related to people going to pop-up testing sites, waiting in line, leaving without having a test administered, and then later receiving a letter in the mail stating they have a positive COVID result. She is concerned, first, if that is happening, it is unbelievably disturbing and needs to be investigated and, second, she has yet to see someone actually say it was themselves who this happened to; it is always someone's friend, cousin, coworker, et cetera. She has been encouraging everyone who has shared that story with her to tell the specific individual who that has actually happened to, to reach out to the Emergency Operations Center because it has to be investigated. The Commissioner inquired if Mr. Harris is aware of anyone in Seminole County that this has happened to. Mr. Harris responded this is an urban legend making the rounds via social media and email. He explained the Center for Disease Control and Prevention does not have the bandwidth to write letters to every positive individual in the country. The Seminole County, Florida Department of Health, and True Health drive-through testing sites in the county do not collect your personal information until you have your test done. You have to get up to the nurse to do the test in order for them to collect that personal information, just like if you go to Quest Diagnostics or LabCorp for labs; and there is no way to provide a test result unless you have a test. Upon inquiry of Commissioner Lockhart, Mr. Harris requested if anyone has gotten a letter indicating a positive test result and they have not had a test done, to please contact him specifically so they can investigate.
Chairman Zembower recounted his experience getting tested explaining you fill out the paperwork, it stays with you, you don't give it to anybody until you get swabbed. The person swabbing you will verify your information on the paperwork, you sign it, and then they swab you. The Chairman also visited other sites in the county to verify the same procedure was being followed.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2020-2164
John Tyler, FDOT DS Construction Engineer, presented and reviewed a PowerPoint entitled Wekiva Parkway, A Regional Transportation Solution, Seminole County BCC Update July 28, 2020 (received and filed).
Commissioner Dallari stated in talking about the trail in Lake County, he wants to make sure they are putting a trail bridge in going over the Wekiva. Mr. Tyler responded there are plans to construct the trail over the Wekiva River. Nick Lulli, Community Outreach Specialist, explained if you drive over the Wekiva River now, you can see the trail along the south side of the bridge. They opened the service road bridge in January, and that is where the trail will be and will interconnect.
Commissioner Dallari stated there was a stormwater issue with a property just north of Colonial Town where the interchange is at I-4 and 417, and he would like to make sure that is getting resolved. Mr. Tyler responded they are still in contact with both the developer and FDOT’s contractor to coordinate that work, so they are progressing towards getting that issue resolved. The Commissioner requested all the Commissioners be updated when it is resolved. Mr. Lulli advised they will provide an update once they have something finalized.
Commissioner Constantine has been seeing a completion date of 2023 on updates. 2021 was the initial date and it keeps getting extended. Since they have not missed any momentum during the pandemic, the Commissioner inquired what has caused the delay. Mr. Tyler explained momentum is of the actual construction field operations that are underway. The two projects that are experiencing the greatest amount of delay compared to the original completion schedule are Sections 7A and 8, which are the final two segments to come online and complete the parkway.
Section 7A is the section that is going to be a four-lane, elevated section. There are a lot of utilities with Seminole County and Florida Gas Transmission, and they experienced a delay in procurement of the construction contract for that project. There was a significant challenge in terms of timing and coordination to ensure that all of the utility services were still provided during construction, and that set them back several months before they could begin. Once under construction, this section had a default of the original highway construction contractor. It has now been turned over to a completion contractor who is working to catch up.
Section 8 is a design-build project. When going through the procurement of that project, the Department produced a design for the interchange and it received the appropriate federal highway approvals for both interchanges as well as environmental. Part of the design-build process is getting the best value for a transportation project, and there is the opportunity for a design-build team to propose a better "mousetrap". The design-build team came to them during the procurement process with a better design that would save a considerable amount of money, and they decided to move forward with the proposed interchange redesign. It saved close to $20 million, but it did have to go back to Federal Highway Administration and go through the approval process again, which has been done and approved. That set the major construction operations back by six months. Not only did this save money, but they will have an improved interchange for its lifespan.
Early 2023 is for the final piece, which is Section 8. As the other sections individually complete, they will be opening them up as they come online. As of today, the contractor for Section 8 has time through late 2022; and there is a sizeable incentive for the contractor to finish in 2022. However, because of contract time, Central Florida weather, and the holidays, they have put out an early 2023 completion time to the public and partners just in case of those delays; but they are still working diligently to get it opened up in late 2022.
Nicole Guillet, County Manager, advised Item #74, Amendment #2 to Work Order #1 to PS-2468-19, Rolling Hills Community Park Trails and Park Master Plan, with GAI Consultants, and Item #75, Coronavirus Relief Fund (CRF) Subrecipient Agreement with the Florida Housing Finance Corporation and Resolution #2020-R-86 implementing Budget Amendment Request (BAR) #20-080 in the amount of $1,101,338 through the County's CARES Act, were add-ons to the County Manager's Report but would normally have been consent agenda items and can be approved during either the Consent Agenda or the County Manager's Report. Chairman Zembower inquired of the Board how they would like to consider approval of the add-on items, and the consensus of the Board was to consider approval under the Consent Agenda.
Due to technical difficulties, Commissioner Lockhart exited the meeting at 10:15 a.m. and rejoined at 10:17 a.m.
With regard to public participation on Item #10, lien on 351 West Hornbeam Drive, Attorney Tammi Calderone, Van Ness Law Firm, advised she represents US Bank in a future foreclosure proceeding on the subject property. Due to the Governor's executive order regarding evictions, they haven't been able to file a foreclosure complaint for title ownership. Ms. Calderone stated she is aware the structure was already demolished, but her client has requested she appear to preserve their interest and see if this can be postponed to the next meeting because it could potentially be detrimental for the sale.
Commissioner Carey expressed the County has already removed the structures off of the property and this is the actual cost the taxpayers have paid for doing it. She does not want to delay the lien because if the bank sells the property and there is no lien, they will not get reimbursed.
Bryant Applegate, County Attorney, advised the Governor's order has no impact on the Board's decision on whether to impose the lien, and he recommends they do so under the circumstances.
Ms. Calderone inquired if there will be a daily accrual or just a lien for the $13,139.56 for the work that was done. Chairman Zembower responded this will be the lien amount and encouraged her to reach out to the County Manager's Office for further information and clarification.
No one else spoke in support or opposition to the Consent Agenda, and public input was closed.
Commissioner Dallari stated in regards to Item #27, Oviedo Naval Air Station Historical Marker, he wants to make sure the names are spelled correctly. Chairman Zembower advised corrections went out over the weekend. Commissioner Dallari responded he wants to make sure that the names are going to be spelled the way the individuals want them. A brief discussion ensued. Commissioner Dallari expressed he wants staff to reverify and make sure they are correct. Chairman Zembower directed staff get with the Historical Society, the heirs, or the individuals to verify the spellings are correct.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:
2. Approve the appointment of Janelle Dunn, True Health CEO, to a vacant Board position on the Board of Directors of the Local Health Council of East Central Florida, Inc. (2020-2077)
3. Approve and authorize the Chairman to execute the Second Amendment to Contract for Medical Examiner Services between Medicus Forensics, P.A., and Citrus County, Hernando County, Lake County, Marion County, Seminole County, and Sumter County. (2020-2132)
4. Ratify the County Manager’s signature dated May 28, 2020, to the As Is Residential Contract for Sale and Purchase with Carly Morris and Lawrence Berggren for county-owned residential property located at 742 Baywood Circle, Sanford; approve Addendum to Contract and Amendatory Clause/Real Estate Certification to the State Housing Assistance Program (SHIP) Home Agreement; and authorize the County Manager to execute the documents. (2020-2142)
5. Approve transfer of property located at 335 Hidden Lake Drive, Sanford, Parcel ID #11-20-30-5FU-0000-1830, to Habitat for Humanity; and authorize the Chairman to execute the Seminole County and Habitat for Humanity of Seminole County and Greater Apopka HOME Program Agreement in the amount of $60,000 to rehabilitate and sell one (1) single-family home to a pre-qualified low-income household. (2020-2150)
6. Approve and authorize the Chairman to execute the Community Development Block Grant (CDBG) Property Management Agreement between Seminole County and Angel of Mercy Ministries, Inc., to provide affordable rental housing for households transitioning from homelessness in Seminole County. (2020-2123)
7. Approve and authorize the Chairman to execute the Community Development Block Grant (CDBG) Property Management Agreement between Seminole County and the Seminole County Housing Authority to provide affordable rental housing for households transitioning from homelessness in Seminole County. (2020-2122)
8. Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of May 2020. (2020-2091)
9. Recertify and approve the certified costs incurred in the amount of $5,556.25 to abate the unoccupied structure located at 125 Leon Street, Altamonte Springs, as specified in Section 168.8(a) of the Seminole County Code; authorize the Chairman to execute Findings of Facts, Conclusions of Law, and Order Imposing Lien for Cost of Public Nuisance Abatement Superseding Any Previously Recorded Liens Regarding These Costs, in the amount of $5,556.25; and authorize the Chairman to execute the Release of Lien upon payment in full; Tamara Edwards, Personal Representative for the Estate of Gwendolyn L. Ingram. (2020-2102)
10. Approve the certified costs incurred in the amount of $13,139.56, to abate the unoccupied structure located at 351 West Hornbeam Drive, Longwood, as specified in Section 168.8(a) of the Seminole County Code; authorize the Chairman to execute Findings of Facts, Conclusions of Law, and Order Imposing Lien for Cost of Public Nuisance Abatement, in the amount of $13,139.56; and authorize the Chairman to execute the Release of Lien upon payment in full; Robert C. Wheeler and Linda R. Wheeler. (2020-2081)
11. Authorize the Chairman to execute Satisfaction of Certificate of Costs of Abatement as to Particular Parcel, in the amount of $3,445.99, associated with the property located at 2012 Hawkins Avenue, Sanford; Christopher L. Peterson and Madelyn E. Peterson. (2020.-2118)
Planning and Development
12. Authorize release of Maintenance Bond #54-222634, in the amount of $4,381.74, for right-of-way utilization for streets, curbs, and storm drains for the Danus Utilities site, 2320 Beardall Avenue; McKee Construction Company, Inc., Applicant. (2020-2057)
13. Authorize release of Maintenance Bond #41385123, in the amount of $6,442.50, for right-of-way utilization for streets, curbs, and storm drains for Allegro Senior Living Facility; Richard Miller, Applicant. (2020-2085)
14. Authorize release of Maintenance Bond #SU1133554, in the amount of $20,901.77, for right-of-way utilization for streets, curbs, and storm drains for Southern Oaks Subdivision; Alex Madison, Applicant. (2020-2086)
15. Approve the plat for the Integra Crossings subdivision containing two (2) lots on 32.03 acres zoned PD (Planned Development), located on the north side of Wilson Road, east of International Parkway; David McDaniel, Applicant. (2020-2093)
16. Authorize release of Maintenance Bond for Streets, Curbs, Storm Drains #60128109, in the amount of $21,188.50, for Bay Meadow Farms at Longwood subdivision; M/I Homes of Orlando, LLC, Applicant. (2020-2095)
17. Authorize release of Maintenance Bond #SU1147484 for Roads and Stormwater, in the amount of $20,170.26, for Steeple Chase Replat 2B subdivision; Taylor Morrison of Florida, Inc., Applicant. (2020-2096)
18. Authorize release of Maintenance Bond #SU1133491 for Private Roads, in the amount of $56,945.62, for Steeple Chase Replat N subdivision a/k/a Steeple Chase Ph 2A; Taylor Morrison of Florida, Inc., Applicant. (2020-2097)
19. Adopt appropriate Resolution #2020-R-74 vacating and abandoning a portion of a fifteen (15) foot wide platted Utility Easement on Lots 31 and 32, Sylvan Cove, as recorded in the Public Records of Seminole County, Florida, in Plat Book 42, Pages 69 and 74, more particularly known as 602 Grand Cypress Point. (2020-2145)
20. Approve the plat for the Chapman Pines subdivision containing thirty-seven (37) lots on 11.86 acres zoned R-1BB (Single-Family Dwelling), located on the east side of Church Street, south of Chapman Road; Pulte Homes Company, Applicant. (2020-2116)
21. Approve the plat for the Crestwood Estates subdivision containing twenty (20) lots on 20.97 acres zoned PD (Crestwood Estates Planned Development), located east of the Michigan Street and Markham Woods Road intersection; Pulte Home Company, Applicant. (2020-2117)
22. Authorize release of Maintenance Bond #SU1149234 for Private Roads, in the amount of $73,780.06, and Maintenance Bond #SU1146021-1 for Streets, Curbs, and Storm Drains, in the amount of $33,301.95, for the Somerset at Sanford Farms subdivision; D.R Horton, Inc., Applicant. (2020-XXXX)
23. Authorize release of Roads, Drainage, Water, Sewer, Hardscape & Landscape Performance Bond #SUR0048102, in the amount of $1,430,241.33, for Hideaway Cove at Oviedo Phase 1 subdivision; M/I Homes of Orlando, LLC, Applicant. (2020-2129)
24. Authorize release of Maintenance Bond for Water and Sewer Facilities #0111956, in the amount of $34,887.89, for Lake Florence Preserve; K. Hovnanian at Lake Florence Preserve, LLC, Applicant; release of Maintenance Bond for Water and Sewer Facilities #268011282, in the amount of $8,800.45, for Brookmore Estates Phase 2; Pulte Home Company, LLC, Applicant; and release of Maintenance Bond for Water and Sewer Facilities #SU1128456, in the amount of $26,441.43, for Walden Cove; Taylor Morrison of Florida, Inc., Applicant. (2020-2162)
25. Approve and authorize the Chairman to execute Seminole County Arts and Cultural Grant Agreement Fiscal Year 2019-2020, with Steinway Society of Central Florida Inc., in the amount of $15,000, as a Fiscal Year 2019-2020 Seminole County Arts and Culture Grant Program Awardee. (2020-2062)
26. Approve and authorize the Chairman to execute Seminole County Arts and Cultural Grant Agreement Fiscal Year 2019-2020, with Asian Cultural Association (ACA) of Central Florida, Inc., in the amount of $7,400, as a Fiscal Year 2019-2020 Seminole County Arts and Culture Grant Program Awardee. (2020-2066)
Parks and Recreation
27. Approve the Oviedo Naval Air Station Historical Marker Application as submitted for approval by the Seminole County Historical Commission. (2020-2139)
28. Approve and authorize the Chairman to execute First Amendment to Memorandum of Understanding Regarding the Bill Nygren Carriage Collection with Seminole County Historical Commission extending the term date one year. (2020-2140)
29. Approve and authorize the Chairman to execute Sublease Agreement with the Galileo School Foundation, Inc. at Midway Community Center. (2020-2153)
30. Approve and authorize the Chairman to execute a Purchase Agreement, in the amount of $2,200, with property owners, Leocusa Canela Rizo (f/k/a Leocusa Silva), Maria C. Palma, Juan C. Collado, and Alexandra Collado Rice for property interests necessary for the construction and maintenance of a sidewalk along a portion of Virginia Avenue and Citrus Street. (2020-2155)
31. Approve and authorize the Chairman to execute a Purchase Agreement, in the amount of $470,375, with property owner Destiny Springs Condominium Association, Inc., for property interests necessary for the construction and maintenance of roadway and drainage improvements associated with the Wymore Road Improvement Project. (2020-2161)
32. Approve and authorize the Chairman to execute the First Amendment to Impower, Inc. Lease Agreement. (2020-2115)
33. Approve and authorize the Chairman to execute Federally Funded Subaward and Grant Agreement #Z2015 with the U.S. Department of Homeland Security Federal Emergency Management Agency (FEMA) passed through from State of Florida Division of Emergency Management to cover FEMA-allowable reimbursement of services during the time period for the COVID-19 declared emergency; and authorize the County Manager to sign all related Modifications and forms to this contract. (2020-2133)
34. Approve and authorize the Chairman to execute Modification #1 to Subgrant Agreement, Contract #H0062, Project #4283-48-R, from the State of Florida, Division of Emergency Management, for the Hazard Mitigation Grant Program (HMGP) for the Public Works Backup EOC Wind Retrofit project. (2020-2124)
35. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-75 implementing Budget Amendment Request (BAR) #20-063 through the Building Fund to reallocate $9,852 of budget for an HP DesignJet T2600 36" Multi-Function Device. (2020-2113)
36. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-76 implementing Budget Amendment Request (BAR) #20-064 through the General Fund to reallocate $15,500 of budget for two ScanPro 2200 Microfilm Scanning Systems. (2020-2114)
37. Approve and authorize the Chairman to execute Modification Number Five to Agreement #17SB-0D-06-69-01-125 from the State of Florida Department of Economic Opportunity, providing $390,057 grant funding for the Community Services Block Grant (CSBG); and execute appropriate Resolution #2020-R-77 implementing Budget Amendment Request (BAR) #20-068 in the amount of $390,057 through the Community Services Block Grant Fund to establish budget for the additional funding. (2020-2120)
38. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-78 implementing Budget Amendment Request (BAR) #20-069 through the Emergency Shelter Grant Fund in the amount of $1,183,769 for the second allocation 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. (2020-2121)
39. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-79 implementing Budget Amendment Request (BAR) #20-071 to reduce current project budgets in the amount of $4,288,194 in the 1991, 2001, and 2014 Infrastructure Sales Tax Funds; establish the McNeil Paving Project in the amount of $252,000; and increase Infrastructure Sales Tax Fund reserves by a net amount of $4,036,194. (2020-2135)
40. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-80 implementing Budget Amendment Request (BAR) #20-072 transferring $220,000 from the General Fund for the County's portion of payment for the SunRail Transition Study. (2020-2136)
41. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-81 implementing Budget Amendment Request (BAR) #20-074 through the Court Support Technology Fee (Article V) Fund transferring $40,705 of operating and capital budget for the procurement of a Flash Storage Array. (2020-2134)
42. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-82 implementing Budget Amendment Request (BAR) #20-075 through the 2014 Infrastructure Sales Tax Fund in the amount of $87,828 for additional funding for the Howell Creek Trestle Project (CIP#01785284). (2020-2138)
43. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-83 implementing the Budget Amendment Request (BAR) #20-076 through the Fire Protection Fund to appropriate budget of $125,000 from reserves to increase funding for the purchase of a new replacement tanker for Tanker 42 at a total cost of $430,000. (2020-2146)
44. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-84 implementing Budget Amendment Request (BAR) #20-077 in the amount of $442,823 through the General Fund to appropriate CARES Act funding for election activities; and approve amending the Supervisor of Elections' budget to $4,449,045. (2020-XXXX)
45. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-85 implementing Budget Amendment Request (BAR) #20-078 in the amount of $500,000 through the Property and Liability Fund reserves to provide additional funding for Property and Liability claims. (2020-2151)
75. Consent Agenda Item number not sequential - Approve and authorize the County Manager to execute a the Coronavirus Relief Fund (CRF) Subrecipient Agreement with the Florida Housing Finance Corporation to provide $1,101,338 in grant funding for COVID-19 emergency related activities; and authorize the Chairman to execute appropriate Resolution #2020-R-86 implementing Budget Amendment Request (BAR) #20-080 in the amount of $1,101,338 through the County's CARES Act Fund to appropriate the funding. (2020-2166)
Purchasing & Contracts
46. Approve Amendment #3 to SS-602228-15/TLR, AT&T Intrado Viper System Upgrade Installation and Maintenance, with AT&T ESInet; authorize the Purchasing and Contracts Division to execute the documents; and approve and authorize the Chairman to execute appropriate Resolution #2020-R-87 implementing Budget Amendment Request (BAR) #20-056 in the amount of $3,500,000 through the Emergency 911 Fund reserves for the project. (2020-2075)
47. Award SS-603851-20/BJC, Maintenance Agreement for County-Wide Communications System, to Motorola Solutions, Inc., Schaumburg, IL; and authorize the Purchasing and Contracts Division to issue Purchase Orders on an annual basis. (2020-2111)
48. Award RFP-603847-20/BJC, Prescription Drug Savings Program (PDSP), to Prescription Care Management (PCM), Reno, NV; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-2152)
49. Award IFB-603795-20/CAR, Term Contract for Demolition Services, to Advanced Demolition, Casselberry; Champion Services of Florida, LLC Apopka; and PCPI Services, Oviedo; and authorize the Purchasing and Contracts Division to execute the Agreements. (2020-2059)
50. Award RFP-603816-20/CAR, Procurement for Heavy Equipment Operators for Solid Waste during Emergencies, to Comanco Environmental Corporation, Plant City; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-2080)
51. Award RFP-603817-20/CAR, Term Contract for CDL Road Tractor Operators for Solid Waste during Emergencies, to GAPP Holding. LLC., Vacherie, LA; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-2084)
52. Approve Work Order #20, Safety Modifications to Southeast Regional Water Treatment Plant Ozone Side-Stream System, under PS-1822-18/TAD, Continuing Engineering Services for Utilities Improvements, with Jacobs Engineering Group, Inc., in the amount of $110,853.18; authorize the Purchasing and Contracts Division to execute the Work Order; and approve and authorize the Chairman to execute appropriate Resolution #2020-R-88 implementing Budget Amendment Request (BAR) #20-070 in the amount of $500,000 through the Water and Sewer Funds for the project. (2020-2148)
53. Award IFB-603823-20/CAR, Term Contract for Pressure Washing Services of Water Treatment Facilities and Equipment, to Clean Spray Corporation, Casselberry, primary contractor; and A & A Property Maintenance Services, LLC, Deltona, secondary contractor; and authorize the Purchasing and Contracts Division to execute the Agreements. (2020-2213)
54. Award IFB-603799-20/ESN, Term Contract for Annual Hose Testing Services for Fire Department, to Waterway of Central Florida, LLC, Ocoee; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-2088)
55. Approve the ranking list; authorize staff to negotiate rates; upon successful negotiations, authorize the Purchasing and Contracts Division to execute six (6) Master Service Agreements for projects up to $4 Million; approve renaming the title of the MSAs to PS-2826-20/GCM, Continuing Consultant Services for Design & Permitting of Construction Projects; and authorize staff to utilize this agreement using the revised CCNA thresholds that went into effect July 1, 2020. (2020-2144)
56. Approve Work Order #35, CEI Services for West Airport Boulevard Sidewalk Construction, under PS-1832-18/AEJ, Continuing CEI Services for Construction Projects less than $2,000,000.00, with England-Thims & Miller, Inc., of Lake Mary, in the amount of $156,016.41; and authorize the Purchasing and Contracts Division to execute the Work Order. (2020-2131)
57. Approve Work Order #75, Rolling Hills Northeast Quadrant Sidewalk (Phase 1), under PS-0009-15/RTB, Continuing Services Agreement for Design of Minor Projects with Construction Costs Less Than $2,000,000, with CPH, Inc., Sanford, in the amount of $177,854.85; and authorize the Purchasing and Contracts Division to execute the Work Order. (2020-2157)
58. Award IFB-603770-20/TLR, Term Contract for General Electrical Contractor Services, to Echo ED Corporation, Sanford, and Greater Florida Electrical Contractors, Oviedo; and authorize the Purchasing and Contracts Division to execute the Agreements. (2020-2090)
59. Award IFB-603769-20/TLR, Term Contract for General Plumbing Contractor Services, to Ellis Mechanical Corporation and Frank Gay Services, LLC; and authorize the Purchasing and Contracts Division to execute the Agreements. (2020-2089)
60. Award IFB-603821-20/TLR, Term Contract for Fuel Storage Tank Inspections and Repairs, to JF Acquisition, LLC d/b/a JF Petroleum Group; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-2106)
74. Consent Agenda Item number not sequential - Approve Amendment #2 to Work Order #1 for Rolling Hills Community Park Trails and Park Master Plan under PS-2468-19, Master Services Agreement for Landscape Architect Services, in the amount of $29,810.26 with GAI Consultants, Inc., Orlando; and authorize the Purchasing and Contracts Division to execute the Work Order Amendment. (2020-2167)
61. Approve settlement of all outstanding claims, causes of action, or rights that the Claimants may have against Seminole County in the Dustin Schieber/Courtney Schieber v. Seminole County and Johns Eastern Company workers’ compensation cases, OJCC #20-001112NPP and #20-010772NPP, for the total amount of $150,000, inclusive of attorney's fees; and authorize staff and counsel to execute General Release of All Claims, Separation Agreement and General Release, and all other necessary settlement documents. (2020-2137)
Districts 1, 2, 3, 4, and 5 voted AYE.
County Attorney’s Office Item #62
Mr. Applegate advised bond counsel and a Choices in Learning representative are available for comment. This is a private revenue bond deal from the Arizona Industrial Development Authority for charter schools in Seminole County. Mr. Applegate stated both he and the County's outside bond counsel have approved the documents. There is no obligation imposed on Seminole County in these types of deals. They always make sure the required hearing under the Internal Revenue Code was conducted, and the minutes are part of the record. Mr. Applegate and bond counsel recommend approval.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve appropriate Resolution #2020-R-89 and approve, solely for the limited purposes of Section 147(f) of the Internal Revenue Code, the issuance by the Arizona Industrial Development Authority of its charter school revenue bonds for the purpose of financing the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and/or equipping of various charter school facilities, including an existing charter school located in the County and owned by Choices in Learning, Inc.; and providing an effective date. (2020-XXXX)
Constitutional Officer’s Consent Agenda
Clerk of Court & Comptroller’s Office Agenda Item #63
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve Expenditure Approval Lists dated May 19, 26, June 9, 16, 23, and 30, 2020; Payroll Approval Lists dated May 28, June 11, and 25, 2020; BCC Official Minutes dated April 14, 28, May 12, and June 9, 2020; and 2020 BCC Records for Destruction List. (2020-2156)
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk and Comptroller’s “Received and Filed” is for information only
1. Special Review #031220 of Administrative Controls - Fleet Supplier Expenses; Division of Inspector General.
2. Special Review #052720 of Contract Compliance – Johns Eastern Company, Inc.; Division of Inspector General.
3. Audit Report #043020 of Rescue Outreach Mission of Central Florida, Inc.; Division of Inspector General.
4. Executive Orders in connection with COVID-19 (Coronavirus Pandemic): #2020-023 and #2020-024 extending the declared local state of emergency; #2020-025 rescinding Executive Order #2020-020 requiring social distancing and adhering to Phase 1 of Florida’s recovery plan; #2020-026, #2020-027, #2020-028, and #2020-029 extending the declared local state of emergency; and #2020-030 regarding the use of social distancing/facial coverings.
5. FPSC Orders PSC-2020-0196-CO-EI issued June 22, 2020; PSC-2020-0202-PAA-EQ issued June 24, 2020; and PSC-2020-0212-PAA-EQ issued June 26, 2020.
6. Engagement letter dated May 21, 2020, from Bryant Applegate, Seminole County Attorney, to Laura Jo O. Thacker, Esquire, Nelson Mullins Broad and Cassel Law Firm, re: River Cross Land Company, LLC, and Christopher E. Dorworth v. Seminole County, challenging the constitutionality of Section 5.2 of the Seminole County Home Rule Charter.
7. Memorandum of Understanding with Allied Health Organization Inc., for COVID-19 Testing; and First Amendment to Memorandum of Understanding.
8. Memorandum of Understanding with Applied Ingenuity Diagnostics LLC for COVID-19 Testing.
9. First Renewal of Interlocal Agreement with Florida Department of Health in Seminole County for the Seminole County Animal Rabies Control Program.
10. Enterprise Software License Agreement with ArchiveSocial, Inc.
11. Agreement with Thomson Reuters West Publishing Company for West Proflex; Order Form ID Q-00766360.
12. Corrected First Amendment to Contract for Medical Examiner Services with Medicus Forensics, P.A.; Citrus County; Hernando County; Lake County; Marion County; and Sumter County (as approved by the BCC on September 25, 2018.)
13. Contract for Services with John Zerrip; Tennis Developmental Instructor Agreements with Matthew Shanosky and Devin Unterreiner.
14. Tourist Tax Funding Agreement with Athletx LLC for the 2020 Youth World Series.
15. Tourist Tax Funding Agreement with Legacy Event Management, LLC for the 2020 Alex Wilcox Classic.
16. Tourist Tax Funding Agreements with Perfect Game USA, Inc., for the 2020 10U-11U BCS National Championship, 2020 14U Super 25 National Championship, and the 2020 13U World Series.
17. Bill of Sale accepting the off-site water and sewer systems for the project known as RLH Construction Office (aka Aloma Profession Park); Property 426, LLC.
18. Certificates of Costs of Abatement for Case #20-08900004, 104 Ichabod Trail, Diego Beltran; and #20-08900011, 734 Cherokee Circle, Michael Rosen.
19. Drainage Easement with Scannell Properties #358, LLC.
20. Approval Development Orders #19-30000079, 4823 Ohio Avenue, Thomas and Cynthia Stiffey; #20-30000020, 426 Wexham Court; Naginbhai Patel.
21. Revised and Restated Development Order #20-32000002, 1221 Trinity Woods Lane, Orangewood Christian School, Inc.
22. Development Order #20-27500007, 5420 Deep Lake Road, Monte Vesuvio Italian Grill.
23. Maintenance Bond #CMS0339731 (Streets, Curbs, Storm Drains) in the amount of $13,790.55 for the project known as Cadence Park (formerly known as Evergreen Estates).
24. Maintenance Bond #CMS0339732 (Private Road) in the amount of $246,821.63 for the project known as Cadence Park (formerly known as Evergreen Estates).
25. Maintenance Bond #SUR0048146 (Private Road) in the amount of $25,482.11 for the project known as Hideaway Cove, Phase 2.
26. Maintenance Bond #2295705 (Water and Sewer Facilities) in the amount of $3,851 for the project known as RLH Construction Office (also known as Aloma Professional Park).
27. Maintenance Bond #30091156 (Streets, Curbs, Storm Drains) in the amount of $60,621.22 for the project known as Town Park Commons (also known as International Parkway – Phase 1).
28. Amendment #3 to Work Order #37 to PS-0009-15 with Inwood Consulting Engineers, Inc.
29. Amendment #3 to Work Order #40 to PS-0009-15 with Inwood Consulting Engineers, Inc.
30. Work Order #73 to PS-0009-15 with Inwood Consulting Engineers, Inc.
31. Work Order #74 to PS-0009-15 with Atkins North America, Inc.
32. Amendment #1 to Work Order #6 to PS-0121-15 with DRMP, Inc.
33. Work Order #18 to PS-0157-15 with S2Li, Inc.
34. Amendment #1 to Work Order #15 to RFP-0532-15 with Connect Consulting, Inc.
35. Work Order #28 to CC-0559-15 with Central Florida Environmental Corp.
36. Change Order #3 to Work Order #26 to CC-1294-17 with M&J Enterprises Int’l, Inc.
37. Change Order #3 to Work Order #27 to RFP-1294-17 with Pat Lynch Construction, LLC.
38. Change Order #4 to Work Order #27 to RFP-1294-17 with Pat Lynch Construction, LLC.
39. Work Order #30 to RFP-1294-17 with M&J Enterprises, Int’l, Inc.
40. Amendment #1 to Work Order #21 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
41. Change Order #1 to Work Order #5 to CC-1391-17 with Schuller Contractors, Inc.
42. Closeout to CC-1439-17 with West Construction, Inc.
43. Fifth Amendment to PS-1822-18 with Jacobs Engineering Group, Inc.
44. Amendment #2 to Work Order #1 to PS-1832-18 with Tierra, Inc.
45. Work Order #1 to PS-2009-18 with Jacobs Engineering Group, Inc.
46. Closeout to CC-2421-19 with Linton Enterprises, Inc.
47. Closeout to CC-2432-19 with Dager Construction, Inc.
48. Change Order #2 to CC-2438-19 with Black Street Enterprises, LLC.
49. Change Order #3 to CC-2438-19 with Black Street Enterprises, LLC.
50. Change Order #9 to CC-2466-19 with Morrissette Electric, Inc.
51. Closeout to CC-2497-19 with Glen Holt Aluminum, LLC.
52. Change Order #2 to CC-2498-19 with Mid-South Contractors, LLC.
53. Change Order #2 to CC-2499-19 with Mid-South Contractors, LLC.
54. Change Order #2 to CC-2522-19 with Aptim Environmental & Infrastructure, LLC.
55. Closeout to CC-2563-19 with US Veterans Contractors, LLC.
56. Closeout to CC-2582-19 with US Veterans Contractors, LLC.
57. Mutual Termination of CC-2696-19 with Black Street Enterprises, LLC, d/b/a BSE Construction Group.
58. Amendment #9 to Work Order #2 to PS-4202-09 with Dewberry Engineers.
59. Second Amendment to SS-601134-11 with Municipal Code Corporation.
60. Fourth Amendment to IFB-602510-16 with Caraway Concrete Construction, Inc.
61. Second Amendment to IFB-602798-17 with R2J Chemical Services, Inc.
62. Third Amendment to M-602886-17 with Dr. S. Nanea Morris.
63. Second Amendment to IFB-603176-18 with Fausnight Stripe and Line, Inc.
64. Second Amendment to IFB-603217-18 with BSN Sports, LLC.
65. First Amendment to RFP-603520-19 with Nova Engineering and Environmental, LLC.
66. First Amendment to BID-603641-19 with BK Earnest, LLC.
67. First Amendment to RFP-603642-19 with Carlisle Thompson, LLC.
68. First Amendment to RFP-603642-19 with Aptim Environmental & Infrastructure, LLC.
69. First Amendment to RFP-603642-19 with Soundside Consulting, LLC.
70. First Amendment to RFP-603642-19 with Witt O’Brien’s, LLC.
71. IFB-603725-20 with Dana Safety Supply, Inc.
72. IFB-603725-20 with Ten-8 Fire Equipment, Inc.
73. IFB-603725-20 with Municipal Equipment Company, LLC.
74. IFB-603725-20 with TechnicalRescue.com, Inc.
75. RFP-603775-20 with Tindale-Oliver & Associates, Inc. d/b/a Tindale Oliver.
76. IFB-603791-20 with R&R Ground Works, LLC.
77. IFB-603800-20 with North America Fire Equipment Co., Inc.
78. Amendment #2 to Work Order #50 to PS-8186-13 with Reiss Engineering, Inc.
79. Amendment #10 to Work Order #6 to PS-9742-14 with Jacobs Engineering Group, Inc.
80. Work Order #1 to RFP-9948-14 with Jacobs Engineering Group, Inc.
81. Amendment #10 to Work Order #1 to RFP-9948-14 with Jacobs Engineering Group, Inc.
82. Bids as follows:
IFB-603769-20 from Comprehensive Mechanical Services, Inc.; Ellis Mechanical Corporation; Fran Gay Services, LLC; Modern Plumbing Industries, Inc.; Westbrook Service Corporation;
IFB-603800-20 from Designlab, Inc.; Galls, LLC; NAFECO (North American Fire Equipment Co.);
RFP-603747-20 from A Sun State Tree Inc.; Grow Inc.; Raynor Shine Services LLC;
PS-2826-20 Atkins North America, Inc.; Avcon, Inc.; Brindley Pierters & Associates, Inc.; CDM Smith, Inc.; Consor Engineers, LLC; American Structurepoint, Inc.; SAI Consulting Engineers, Inc.; CPH, Inc.; Cribb Philbeck Weaver Group, Inc.; Dewberry Engineers Inc.; DRMP, Inc.; England-Thims & Miller, Inc.; HDR Engineering, Inc.; Horizon Engineering Group, Inc.; Inwood Consulting Engineers Inc.; Johnson, Mirmiran & Thompson, Inc.; Pegasus Engineering, LLC; Nimesh Bhavsar, P.E.; Moffatt & Nichol; Michael Baker International, Inc.; Metric Engineering, Inc.; Kisinger Campo & Associates, Corp.; and
IFB-603727-20 from Ferguson Enterprises, LLC (Ferguson Waterworks).
Agenda Item #64 – 2020-2158
Memorandum of Understanding with Perfect Game, Inc.
Danny Trosset, Sports Tourism Manager, addressed the Board and presented the request as outlined in the agenda memorandum. Mr. Trosset explained this partnership allows Seminole County to develop a preferred-operator opportunity with one of their top-producing clients and “top travel baseball tournament event" organizations in the world. Perfect Game anticipates significant growth of these events and is looking for a long-term partnership with the County.
This is a performance-based agreement which guarantees these events will produce a minimum of 40,000 room nights annually. If Perfect Game falls short of the room-night guarantee, there will be payment remitted to the County at the end of each year. If the agreement is approved, the projections for Fiscal Year 2021 for all events held at the sports complex, including the Perfect Game events, could reach 48,000 room nights and $38 million in economic impact. Perfect Game understands that its top priority is to fill hotel rooms in Seminole County. If overflow hotel rooms are needed outside of the county for some of the larger events, Perfect Game has agreed to a revenue share on rebates collected by them which would be returned back to the County for any room nights that are generated outside of the county.
Perfect Game's intention is to bring enhanced technology and regional and national sponsors to the sports complex. The County will work in good faith with Perfect Game and its affiliates to support additional economic development initiatives that may be possible with the increased volume of visitors and tourists that Perfect Game will attract, as well as possible new jobs. Mr. Trosset opined, in his more than 12 years he has been with the County, this is by far the best sports tourism opportunity they have ever had.
Mr. Trosset advised Dev Pathik, Sports Facilities Advisory Founder and CEO; and Ben Ford, Perfect Game Vice President, were available for questions. The Board expressed their thanks and appreciation to staff and Perfect Game.
With regard to public participation, no one spoke in support or opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize the County Manager to execute a contract consistent with the terms of the Memorandum of Understanding between Seminole County Government and Perfect Game, Inc. designating Perfect Game, Inc. as a preferred operator at the Boombah Seminole County Sports Complex for a period of five years to begin January 1, 2021.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #65 – 2020-2147
FY 2020/2021 TRIM Adoption
Sara Carrick, Resource Management Financial Administrator, addressed the Board and presented the request as outlined in the agenda memorandum.
With regard to public participation, no one spoke in support or opposition and public input was closed.
Commissioner Lockhart stated because of the way Florida law requires advertisement with the TRIM notice, it can cause confusion when citizens see there is a tax increase. She thinks it is important it is on the record that the millage that is proposed is staying flat. The Commissioner would like to know if there is a way to estimate a homesteaded property owner's potential taxes this year and what that might look like. Ms. Carrick responded an example of a homesteaded-exempted property and how much the proposed tax bill would be is presented in the work session book, and it is also provided in the first public hearing. Those are preliminary millage rates because they do not know what the other millage rates, such as the School Board, would be. However, the School Board updated her last week that their millage has gone down. Commissioner Lockhart commented that even though the School Board's millage is going down, because of the new growth, the total revenue is increasing and so it has to be advertised by law as a tax increase. She wants to make sure they are very clear that what is being proposed today is a flat total millage, and the rate is not being increased
Commissioner Carey suggested it would be helpful to explain the rollback rate. Ms. Carrick explained the rollback rate is how much would be generated in taxable value of the previous year if they kept everything the same. Because of an increase in revenues and property taxes, because of the market doing well, the amount received is higher and that's why there is an increase in revenue. The rollback rate is how much you would have if you had the same collection as the previous year. Commissioner Carey added if you wanted to have the same amount this year as last year, you would adopt the rollback rate. The TRIM being approved today can always go down. The millage rates are lower today than in 2004.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve the proposed millage rates as presented to be included on Truth In Millage (TRIM) notifications and authorize staff to schedule the first public hearing to adopt the tentative millage rates and budget for FY 2020/2021 on September 9, 2020 at 7:00 p.m.; and the second public hearing to adopt the final millage levy and budget for Fiscal Year 2020/2021 on September 22, 2020 at 7:00 p.m.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #66 – 2020-2149
2020 U.S. Decennial Census: Ensuring an Accurate and Complete Population Count
Tony Matthews, Project Manager, addressed the Board and presented the request as outlined in the agenda memorandum. Philip Kaprow, Complete Count Committee Chairman, summarized the activities of the Complete Count Committee and stressed it is important to complete the effort.
With regard to public participation, no one spoke in support or opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt and authorize the Chairman to execute appropriate Resolution #2020-R-90 creating the Seminole County 2020 Census Response Team (CRT) effective August 1, 2020, through the U.S. Census Bureau’s current adjusted deadline for responding to the 2020 Census of October 31, 2020, or to a date certain chosen by the Board.
Districts 1, 2, 3, 4, and 5 voted AYE.
Ms. Guillet expressed her appreciation for Mr. Matthew’s volunteer work. Commissioner Dallari requested a letter of appreciation signed by all of the Commissioners be sent to Mr. Matthews and Mr. Kaprow.
Agenda Item #67 – 2020-2092
Request for Reduction - Lien Amnesty Program/Stephen and Ernest Kizer
Patt Hughes, Project Manager, addressed the Board and presented the request as outlined in the agenda memorandum. Ms. Hughes advised when she spoke to the Applicant to remind him of the hearing, he advised he would not be calling in; and it was determined the Applicant was not present. In response to inquiry of Chairman Zembower, Ms. Hughes confirmed Mr. Kizer understands the terms of the amnesty program. Commissioner Carey confirmed with Ms. Hughes the property is now in compliance.
Chairman Zembower inquired if a special magistrate cost increase was recently approved. Ms. Guillet responded there was a contract increase and clarified the admin fee on the amnesty program was set at $250. Commissioner Carey stated the amnesty date is stayed because of emergency order. However, she has asked Ms. Guillet to bring a request to extend the amnesty program deadline to the Board. Ms. Guillet confirmed it has been extended 132 days due to emergency order. They are waiting to see how long the emergency order lasts to determine what an appropriate extension would be to bring back for Board approval.
Commissioner Carey inquired if applicants pay the $250 fee when they submit the application fee for the amnesty program. Ms. Hughes responded they pay a $100 application fee. The Commissioner inquired if the $250 fee is paid after Board action. Ms. Hughes explained the $100 application fee goes towards the $250 fee. The Commissioner inquired if there was a reason why they don't have the whole $250 paid with the application. Ms. Guillet explained the $100 is intended to capture the administrative cost of reviewing the request for the amnesty program. If they do not meet the criteria for the program, the admin cost would just get rolled into the lien that stands and isn't reduced.
Commissioner Lockhart stated staff is saying they want to wait before deciding how long to extend the amnesty program because the COVID emergency order is in place. She requested clarification of how they are linking the extension of the program with an extension of the emergency order. Ms. Guillet explained that as part of the executive order, they tolled the expiration dates on a number of things, including the amnesty program which had originally been set to end at the end of July. When they first talked about extending the amnesty program, they didn't realize how long they would be under an emergency declaration. There was some discussion that the Board might feel the tolling time period was not a long enough extension of the amnesty program. Chairman Zembower interjected to request the Board finish dealing with this item and then discuss extending the amnesty program in general before moving to department manager reports. No objections were voiced.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a reduction to the Code Enforcement Special Magistrate lien of $41,500.00, for Case #12-37-CESM, under the Code Enforcement Lien Amnesty Program to the reduced Administrative Costs of $250.00 on the property located at 4208 Lake Harney Circle, Geneva, Tax Parcel #30-20-33-501-0200-0170, owned by Stephen W. Kizer and Ernest E. Kizer, joint tenants with rights of survivorship, and require this reduced amount to be paid within thirty (30) days or the lien will revert to the original amount of $41,500.00; and authorize the Chairman to execute the Release of Lien upon payment in full.
Districts 1, 2, 3, 4, and 5 voted AYE.
Continuation of Amnesty Program Extension Discussion Initiated During Item #67
Chairman Zembower inquired if the Board could act today to extend the amnesty program if they wanted to. Mr. Applegate advised it really is something that should be noticed on the agenda as it is a change in policy. The Chairman responded they're not changing the program. He thinks if they are just deciding on extending the program, they have the power and ability to do that. Mr. Applegate clarified the Board does have the power to do it. However, the question is whether or not, for a lot of reasons, the action would be challenged down the road.
Commissioner Lockhart clarified the reason she asked the question that started this discussion is rather than wait for whenever the emergency order may extend, she would like, if possible, to give the County Manager direction to come up with a point in time that they will make a decision that it will be X number of days and bring something back to the Board that is concrete; and then if it needs to be extended again, it can be. She is concerned because nobody knows how to anticipate when the executive order could expire because it keeps getting extended. And if that is what they're waiting on to bring something back to the Board, they could be waiting indefinitely. The Commissioner thinks even when the emergency order is rescinded, people are still going to be hurting and they're still going to need some time to get back on their feet. She is just asking if they can direct the County Manager to look at how she could come up with something more concrete to bring back to the Board as an agenda item.
Commissioner Carey stated she would like to see it come back with some information about how effective it has been and how many people have taken advantage of it since the program has been instituted, because not many cases have come before the Board. The policy allows them to just be processed so there may be a lot that have been cleared. If a lot of people haven't taken the opportunity to clear the liens from their property, then the County has not done a very good job of notifying them that this opportunity exists. She does not see any reason why it can't come back to say that from six months or a year from the time the emergency order is rescinded is how long this is going to be in place.
Mr. Applegate advised he looked at this the other day and was surprised there were 40 to 50 so far that have taken advantage of the program. He expressed because they are talking about orders that have been issued in the past, he thinks they need to come back at a regular meeting with an order deciding what the Board wants to do.
Ms. Guillet stated they can come back and set a date certain. She explained anybody who had an outstanding lien was notified directly about the program. When they decided to extend the date, they re-notified anybody who was not part of the program that they were extending the date for whatever the duration the emergency order was. If the Board wants to set a specific date for this particular issue, they can and staff will be happy to bring back information. She inquired if there was some sort of sense as to what the Board might want to see as an extension or is it just something they want staff to suggest.
Commissioner Carey stated they could bring back something that says six months or a year or whatever the case may be from the date the emergency order expires and it doesn't have to be date specific. Upon Ms. Guillet's request for clarification on not being date specific, the Commissioner explained they could write an extension to that order that says the order is going to be extended for one year from the date that the emergency order for COVID-19 expires.
Chairman Zembower suggested maybe it makes sense that once the emergency order expires or no longer exists, they then notify the property owners they have that amount of time, whether it's been the entire time the emergency order has existed or some other time the Board decides, that from that point forward is their deadline. Commissioner Carey stated it can just be extended for a year from the date that it expired so then there is a date certain and then they don't have to worry about the days tolled. The Chairman noted not everyone will know when the emergency order expires. Commissioner Carey responded they could put the emergency order aside and just say they are extending the program for one year from when it was originally set to expire.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to send this back to staff to bring back a recommendation for the agenda.
Commissioner Carey requested a friendly amendment to have an update along with that.
Commissioner Constantine amended the motion to include an update. Commissioner Dallari agreed to the amendment.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY INVESTMENT ADVISOR REPORT
Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed).
Motion by Commissioner 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.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY ATTORNEY BRIEFING
Mr. Applegate advised he will be meeting with the Commissioners individually over the next 24 hours to brief them on several litigation matters.
Chairman Zembower recessed the meeting at 11:50 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Chariti Colon who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.
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, 2, 3, 4, and 5 voted AYE.
Agenda Item #68 – 2020-2108
2020 Non-Ad Valorem Assessment (NAVA) Roll & Certification
Sarah Benoit, MSBU Program Database Coordinator/Financial Manager, addressed the Board and presented the request as outlined in the agenda memorandum.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2020-R-91 adopting the 2020 Non-Ad Valorem Assessment Roll with certification provided to the Seminole County Tax Collector.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #69 – 2020-1947 – Continued from June 9, 2020
Seminole County East Urban Bear Management Ordinance
Melony Lung, Assistant County Manager, addressed the Board and presented the request as outlined in the agenda memorandum.
Commissioner Carey asked if the City of Oviedo allocated any money in their budget to assist with funding of the cans and requirements of the ordinance. She stated her concern regarding expanding the program is that they haven’t even finished fulfilling the current requests from the urban bear management area. She doesn’t want to be competing for funds to finish up the initial surge. They passed the initial bear ordinance in 2015 and they still haven’t been able to fulfill all of the requests. Ms. Lung advised she isn’t sure about Oviedo’s funding; however, you don’t have to have a bear can to be compliant with the ordinance. Commissioner Carey asked if Oviedo has the manpower to enforce this ordinance through Code Enforcement or however they are going to enforce it. She doesn’t want the County’s own resources to be diminished by expanding the bear management area. Ms. Lung answered Oviedo will be responsible for enforcement. Commissioner Carey requested Ms. Lung find out the answer to her funding question, and Ms. Lung advised she will do that.
Commissioner Lockhart stated she knows the bear-resistant trash cans tend to get a lot of focus on this topic, but certainly all of the other personal responsibilities that come along with the ordinance are just as important as the trash can. She would hate to see staff focus so much on the government subsidy of someone’s trash can that they forget all of the other good things in the ordinance.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt Ordinance #2020-19 amending Seminole County Code, Chapter 258 Seminole County Urban Bear Management, establishing a new Section 258.13, The East Seminole County Urban Bear Management Area located within the City of Oviedo limits and east of the Big Econlockhatchee River.
Under discussion, Chairman Zembower stated if they’re going to be asking for any kind of grant money from FWC, he would like to make sure that staff coordinates those efforts with the City of Oviedo so they aren’t duplicating or competing with each other. Ms. Guillet reminded the Board that the existing bear management ordinance does incorporate portions of three other cities (Longwood, Altamonte Springs, and Sanford).
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #70 – 2020-0012
Pine Hollow Pt SSFLUA and PD Rezone/ Dave Schmitt, Applicant
Matt Davidson, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum.
Bruce Taylor, on behalf of the applicant, addressed the Board and stated he is available for any questions regarding this project.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt Ordinance #2020-20 enacting a Small Scale Future Land Use Map Amendment from Medium Density Residential to Planned Development; adopt Ordinance #2020-21 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for approximately 9.94 acres, located on the east side of Pine Hollow Point; Dave Schmitt, Applicant.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #71 – 2020-2082
BOA Appeal /Sanctuary at Bear Lake /The Montclair Community Association, Inc., Applicant
Commissioner Constantine advised the County Manager has a request by the Applicant with an agreement by the Developer that they wish to work together and postpone the hearing until the next meeting on August 25th.
John (Trey) Vick, consultant on behalf of the Applicant, addressed the Board saying it is his understanding that they would like to continue the request to the August 25 BCC meeting. Linda Lay, Applicant, was unable to connect telephonically, and therefore, did not speak. Ms. Guillet noted she received an email from the Montclair Community Association during the break today. She added they do have a policy on continuances which states the request for a continuance needs to be received by 12:00 noon the day prior to the hearing, but the Board has waived that in the past. Mr. Vick indicated his concurrence with the request for a continuance.
Commissioner Constantine stated he thinks it is always desirable if the citizens and the Applicant wish to sit down and work out their potential differences. This has been contentious and the Board of Adjustment was a 3-2 vote. In talking to both the HOA and Mr. Vick, he thinks they were both pleased that the citizens were willing to sit down and try to work out their concerns before it was brought to the Commission Chamber.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to continue the appeal of the Board of Adjustment’s decision to approve the request for a special exception for an assisted living facility with fifteen (15) beds in the A-1 (Agriculture) zoning district, more particularly known as 5030 Cub Lake Drive, to August 25, 2020 at 1:30 p.m., or as soon thereafter as possible; Montclair Community Association, Inc., Applicant.
Under discussion, Commissioner Lockhart said she is not opposed to the continuance; however, anything beyond that would be unfair to the community and to Mr. Vick. Chairman Zembower concurred. He knows Mr. Vick reached out as late as yesterday to ask the citizens to attend a Zoom meeting to voice their concerns and have dialogue. Commissioner Carey added she is not opposed to a continuance, but she knows Mr. Vick has reached out to the group and they originally did not want to have a conversation, and now the day of the hearing, they want to do that. She does agree with Commissioner Lockhart because they do not have any requirement in the code that requires there to be community meetings.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #72 – 2020-2094
Junk Vehicle Ordinance
Jeff Hopper, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum.
Chairman Zembower asked the County Attorney to explain how they arrived at the definition of junk. Mr. Applegate told him that it is up to the Code Enforcement Officer to make that determination, and if there is a disagreement, that is what the appeal process is for. Chairman Zembower explained he asked that question because there are a lot of people in his district that have modified, maybe lifted or off-road vehicles, that some may look at and say it is junk when, in fact, an individual may have thousands of dollars invested in what they believe is not junk. Where does that put them in a scenario when someone decides that it is junk. Mr. Applegate responded that is what the Code Enforcement Board and the Special Magistrates are for. If a vehicle is operable and licensed and tagged and has the current registration, that would go a long way to say that it is not junk, but obviously if it is in the yard on blocks, that is a different story. Chairman Zembower then asked if the ordinance should have a provision for properly licensed and registered vehicles. Mr. Applegate reiterated that is what the appeal process is for and if the Board would like to add a provision to the ordinance, they will do that.
Chairman Zembower questioned how this provision would compare to other municipalities or localities. Rebecca Hammock, Development Services Director, addressed the Board to respond stating it is similar, although other jurisdictions do have the requirement for the vehicle to be licensed and tagged, but Seminole’s code does not. They just define an abandoned vehicle as something that is unusable for its primary purpose; however, you are allowed to store an abandoned vehicle on your property if it is in an enclosed, permitted garage or a permitted carport. She noted it is difficult sometimes for the code officers to make that distinction because some people will say that it is operable, so some of the officers will have the person start it to see if it is able to move. It is a judgement call, but she thinks that is part of the reason why they wanted the appeal process added to the code.
Chairman Zembower wondered if this also applies to boats and vessels, and Ms. Hammock advised it does. Commissioner Carey opined they should clarify that because the ordinance specifically states junk vehicles. A lot of people that deal with classic cars are renovating them and it is not a fast process; many times you are waiting for parts and other things and many times it is torn apart. She asked if it is a problem if the vehicle is in the backyard and people can’t see it from the street. Where they have complaints, in her experience, has been when it is sitting in the front yard and everyone can see it. It may not be operable at that moment because they may have the motor torn apart. They are not going to pay to have a tag, etc. on a car that they are trying to restore, and if they are doing an all-frame restoration, it could literally take years. She wants to be careful about what they are saying because it could be sitting in a carport and not covered up. She talked about a case on Markham Woods Road where someone was told to cover up a car just sitting there and they just put a blue tarp on it, but it has probably been sitting there now for 15 years. The way this is currently written up, it just states junk vehicles, and even the definition of “vehicle” states that is not limited to automobiles, trucks, motorcycles and tractors, and motor vehicles is a very specific state statute designation. She thinks the ordinance could have a little bit more work done to it. She would like to see them go back and maybe even talk to people that actually restore or convert vehicles for swamp buggies and different kinds of things. She feels they have a lot of diversity in the community, and she does not think this would clarify the issue for Code Enforcement. Chairman Zembower concurred with Commissioner Carey’s comments.
With regard to public participation, no one spoke in support or opposition to a continuance, and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue the request to adopt an Ordinance amending Chapter 120 of the Seminole County Code in order to have staff take into consideration all the comments expressed by the Board and rewrite the Ordinance for better clarification and definitions.
Under discussion, Chairman Zembower stated they should maybe look at some other jurisdictions and agreed that Commissioner Carey has a lot of good ideas. They would be glad to help guide staff in this endeavor. Commissioner Lockhart asked about the appeal process saying it references the person may appeal in accordance with Section 53 of the Seminole County Code. She wondered if that reference is specific to the Code Enforcement Board or a Special Magistrate. Mr. Applegate responded that would be for junk vehicles that are on public property; those on private property would apply to Code Enforcement. Commissioner Lockhart then explained she wants to make sure about who a person would appeal to. Ms. Hammock advised the appeal would be to the Special Magistrate. Commissioner Lockhart asked if Section 53 does not reference that, could they put something in there to make it clear that that is who it would be appealed to. Mr. Applegate recommended that they have staff sit down with each of the Commissioners about the concerns they have in connection with what should and should not be in the ordinance.
Commissioner Carey stated if there is an abandoned car or a car that is left inoperable that is left on public property, there is a specific process to go through to have it towed. Also, in her community, HOA rules state that you cannot park a boat or motorhome where it can be seen from the road. If an individual has a boat, for example, in their fenced backyard and a neighbor complains about it but it cannot be seen from the front of the property, then she has a problem with someone telling them they cannot do that. She thinks they need to write an ordinance to deal with the problems that they have and not just leave them so broad that they have unintended consequences.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #73 – 2019-1615
Seminole Avenue Right-of-Way Vacate/ Julian Coto, Applicant
Danalee Petyk, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum. She stated the right-of-way is part of the Orlando Industrial Park plat. The requested vacate is for the purpose of a future development of the property that is vacant and located to the east of the requested right-of-way vacate. The platted right-of-way is located between properties owned by two separate entities, each of whom will receive a portion of the right-of-way once vacated. The adjacent property owner, Hometown Palm Valley, LLC, has provided a letter of no objection to the vacate. The Applicant has provided letters of no objection from all applicable utility companies as well, and Public Works has no objection to the requested vacate. Public Works has also requested a drainage easement over a portion of the vacated right-of-way. Ms. Petyk advised that staff recommends approval.
Julian Coto, Applicant, addressed the Board to answer any questions.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2020-R-92 vacating and abandoning an uncut portion of the public right-of-way known as Seminole Avenue, as recorded in Plat Book 10, Page 100, in the Public Records of Seminole County, Florida, for property located on Seminole Avenue, approximately 1,000 feet north of McCulloch Road in Oviedo; Julian Coto, Applicant; Easement from Hometown Palm Valley, LLC to Duke Energy Florida; Drainage Easement between Hometown Palm Valley, LLC and Seminole County; and Drainage Easement between JEL Land Development, LLC and Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Items #74 and #75 were moved to the Consent Agenda
COUNTY MANAGER’S REPORT
Ms. Guillet stated the English Estates sidewalk project is a listed project within the interlocal agreement for the 2014 infrastructure sales tax; she thinks there is about $750,000 listed in there for sidewalks for various locations within English Estates. They are currently in the design phase for this project and as part of that phase, there was public outreach. They have received considerable feedback with respect to this project, and there seems to be a significant number of people who have concerns. This is an established neighborhood and sidewalks could disrupt tree lines, etc. She advised they did a survey about whether people were or were not in support. There has been discussion as to whether they should move forward with this, and it is important for the Board to weigh in on whether they should, because it was a specifically listed project within the referendum. In the interlocal agreement they have with the other partners, if they want to remove an item from that list, the Board has to take action, and they have done this by resolution in the past. Chairman Zembower stated he has no problem putting it on a future agenda for discussion.
Chairman Zembower noted his ex parte communications are prepared and ready to submit (not received and filed).
Commissioner Dallari reported he walked the entire neighborhood one weekend and agrees there are a lot of established homes, and he saw very few automobiles going through the neighborhood. When he was looking at the referendum for the one-cent sales tax where they talk about English Estates, he was under the impression that it was the sidewalks at Oxford Road. He would like to hear from the public to differentiate between the sidewalks in their neighborhoods and the sidewalks on Oxford Road, because Oxford Road sidewalks do need some rehab.
In regard to public participation, the following spoke in opposition to sidewalks in English Estates: Mark Hardin, 2460 Markingham Road; Derick Taylor, 2353 Sunderland Road; Cindy Pilling, 2185 Hunterfield Road; and Ms. L.J. Jordan, 2458 Carolton Road. Shawn Cable, 2165 Hunterfield Road, addressed the Board and advised he is the HOA President. He noted the HOA is not taking a position on this because he has heard from just as many people for the sidewalks as he has against the sidewalks. He really wants to leave it up to the community to decide what is best.
Commissioner Carey expressed that even the few people that spoke about the sidewalks sounded like they are not interested in them, but clearly Oxford Road probably needs sidewalks and some safe crossings because they have the school right there, and English Estates is on both sides of the road. She would like to see from staff as part of the item on the agenda exactly what the language was with the penny sales tax; is it Oxford Road or specific roads in English Estates. She’d also like to see a modified plan to address Oxford Road and its issues and then all the internal roads of the neighborhood. Commissioner Lockhart talked about the communication between the community members and staff, and stated she would like to bring this back to a date certain. Commissioner Dallari stated the issues with Oxford Road include sidewalks, traffic calming devices, cross access issues and stormwater issues. He agrees with Commissioner Carey that Oxford Road should be its own standalone project and they should not be disturbing some of those neighborhoods.
Commissioner Lockhart asked what the total number of sidewalk projects is that they have in queue and where are they in terms of design and prioritization. There had to have been a methodology that was used and they saw that in the Kittelson report in terms of giving it a certain number of points for how far away they were from an elementary school versus a middle school. She would like to know where this project is in that prioritization, where the other projects are that they still have to complete, how many are in design, and how many have been in construction and completed.
Commissioner Carey said she thinks they should consider a process before they start spending money on design and that they have a community meeting to talk about what is proposed and where the sidewalks would be, because in a lot of these cases, they are proposing to put sidewalks on both sides of the road rather than just one side. They could probably cover more projects and maybe get some more road projects moved up the ranks by reshuffling some of the money.
Ms. Guillet confirmed they will bring back the information the Board is requesting and the status of projects by the meeting on August 25th. They will also stay in contact with the folks in the neighborhood and keep them apprised of the status.
Commissioner Lockhart mentioned that Ms. Guillet asked for feedback about how to get items on the agenda, and she thinks they need to have something in writing about what the expectation is when an individual board member wants to put something on the agenda. Not that an individual board member wants to be “the man behind the curtain” at all, but there needs to be a process in writing. Chairman Zembower said he will address that. He added both he and Commissioner Lockhart asked for that early on in their tenure as Commissioners.
Ms. Guillet stated as the Board is aware, they have a contract with Florida’s District 5 for their medical examiner services. Dr. Barbara Wolf serves as their medical examiner and they have received a request from the Medical Examiners’ Board because they are looking to retain her for District 24 and they want to confirm that this Board is comfortable with that. She would like to send them a favorable rating. She knows Law Enforcement and the State Attorney’s Office has been pleased with working with her. Ms. Guillet noted for the first time under this contract, they have their own investigators in Seminole County as opposed to them having to come from Volusia County.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve the County Manager’s recommendation to send a favorable rating of Barbara C. Wolf, M.D. to the to the Medical Examiners’ Board in connection with their retention of Dr. Wolf as Medical Examiner for Florida’s District 24.
Districts 1, 2, 3, 4, and 5 voted AYE.
Ms. Guillet presented the CARES Act Update (PowerPoint received and filed). She advised the Recommended Allocations chart is slightly modified from the last update. The categories that they modified were under Individual and Non-Profit Assistance; they originally suggested $10M and it is now $11.1M. She explained the additional $1.1M reflects the funding that the Governor recently announced for rental and mortgage assistance through the SHIP program. The other item that they were able to use that money for is emergency repairs, and they are looking right now to work with Meals on Wheels. They have a number of emergency repair programs that they are trying to move forward and have had some challenges due to the pandemic. Ms. Guillet noted she also shifted $2M from the Replenishment Fund into the Special Economic Recovery Initiatives, and that is where they are going to do the additional tourism and marketing. They have been trying to work with the hotels as well to do some special incentives for them. They are also talking to Seminole State about workforce training.
Ms. Guillet noted they are working with Ernst & Young to have an online portal through which they can provide business assistance and individual assistance. They intend to go live on the 19th of August. They will start developing Webinars and Facebook Live programming to help folks start to get their application materials together.
Ms. Guillet advised that all of the non-profit assistance will come to the Board for approval since all of their non-profits have different needs, so there will not be a lot of consistency. She advised the category of Public Safety, Service, and Health Expenditures includes their governmental partners. The Governor has asked, while the County is responsible for the money, that they share it with their Constitutional Officers and their cities. They are still sorting through what might be FEMA-eligible and what might not be. They are vetting all the requests right now. Their primary focus right now is direct assistance; they really want to be able to get the money out to the community for individuals and businesses. The other thing they are trying to do is to establish standardized guidelines for personnel costs reimbursements like leave and those types of things and any prospective purchases that any of the agencies might have as opposed to things they have already expended on.
In connection with developing “need” criteria based on other funding availability, Ms. Guillet said they want the money to go where it is necessary. One thing that has come up as a point of discussion, and she knows that because the Press contacted them last week about it, they were posed with the question about the transfer of CARES Act funding to local governments that are giving raises to their employees this year. It was sort of an interesting concept that took her off guard because she did not realize that any other governmental agencies in Seminole County were giving raises to their employees. Her understanding is that six of the seven cities have salary adjustments included in their budgets this year. Chairman Zembower said he was questioned during the break today by the Press, and his response was that he hasn’t seen what they had proposed to do, but he does not know how he could look at the private citizens with a straight face and say that he is giving raises while they have businesses going out of business, people are trying to figure out how to feed their family and/or they have lost their job. Ms. Guillet was approached with the question that if other jurisdictions have the money to give raises then do they need the CARES money, maybe it should go somewhere else. She added they will talk with the cities about it, but that is something they will discuss as they are talking about distribution to other public agencies.
Chairman Zembower requested that staff get something on the website in advance so businesses will know what documentation they need to gather to apply for assistance instead of waiting until the 19th. His concern is that by the time the money gets into the pockets of the small business people and those persons that need it, it is too late, and they may be sitting here with a pile of money that they can’t even spend. Ms. Guillet replied they had to make sure that they were getting everything that Ernst & Young said they needed to have. It is very labor intensive to do this and there are significant changes to their program they have to make. There are three weeks before they open the portal and they are starting now to put information out there. They are hoping that during the next three weeks, people will be getting their paperwork together. It is as streamlined as they could make it and still demonstrate to Treasury that they are spending the money on what they are supposed to be spending it on. They are working with the Clerk’s Office and this week, there will be $1M that goes out to individual businesses, and they are continuing to pump money out to individuals.
Commissioner Carey expressed her concern is timing and a lot of people will already be out of business by August 19th which is when they are going to open the portal. She said maybe she could recruit accounting people at the college and let people apply with paper rather than a portal until they can get this portal stood up. There should be a checklist of documents needed for businesses and one for individuals on their website right now that says, if you are going to apply for this, you need the following documents, or whatever it is they are required to submit with their application. And the application should be there with the list of requirements. She suggested asking volunteers or business people at the Port Authority. Also, maybe the Chambers has some people that could help. She added they should ask their community partners if they have anyone they could loan. Ms. Guillet indicated they have 500 applications they are processing right now for individual assistance. They have another 160 that they are working on for the business side, plus the 120 that still haven’t gotten in all their paperwork, and they are already working with the folks at the Port Authority.
Commissioner Constantine stated that everything that is being suggested, he has heard the County Manager say that they are already doing those things. Chairman Zembower noted he is trying to emphasize that if Ms. Guillet needs more help, he is happy to reach out to whomever. Ms. Guillet added they want to make sure they are doing it right and as quickly as possible because the County is going to be on the hook for $82M.
The County Attorney opined it would be great if they could just start recruiting people to help but they are on the hook for $82M and the audits are going to start very soon. The problem with that is if a mistake is made, then forget about the rest of the money. They will lose money and will be paying it for a long time, so they are being very careful. He has two attorneys working on this full time helping the County Manager and her staff out. He believes staff is moving very rapidly compared to what he is hearing around the state from other counties. He agreed it is frustrating.
Commissioner Lockhart said she thinks there are specific things that they asked to have happen at their last meeting and she just wants clarification on whether or not they have been done. She questioned if they added a list of documents that are likely to be needed to the website, and Ms. Guillet replied it will be there on Friday. They had to work that out with Ernst & Young because they have done this in Hillsborough already. Commissioner Lockhart wondered if they had the list now because it doesn’t take much to add something to the website. She believes they can post that list of specific documents and start through social media and through the Chambers, the School District, the College, saying here is a list of documents and start getting them together now. They are just trying to get the community prepared and ahead, just like they do with hurricane season. Ms. Guillet added this is the top priority of everyone on the team and they recognize how important this is to the community.
Ms. Guillet said she would like direction from the Board on the airport property. She advised they have received three different inquiries about acquisition of property the County owns at the corner of Red Cleveland and East Lake Mary Boulevard; two from private entities and one from the Airport itself. The property is a retention pond that serves as a stormwater facility for East Lake Mary Boulevard. She questioned if this is something the Board would like staff to follow up on and pursue or are they not interested in doing anything with the property at this time.
Commissioner Lockhart noted she asked the question last week about what the existing policy about declaring property surplus is or if someone wants to buy county property. She was left with the impression many months ago that the County did not have a policy because they were being asked what the Board’s desire was. Then she found out there is a policy in place for how something like this would go and she asked if there is a reason why they are not just following the County’s current policy and are they asking for something separate and apart from that. Ms. Guillet explained the policy they have for disposing of county property is typically when they declare a property surplus, and this property has not been declared surplus; it is an active retention pond. So, someone has said they want to take it and have it not be a retention pond anymore and build something on it. The other unusual circumstance here is that if the Board wanted to deem it as unneeded, it is not just a matter of getting an appraisal and saying give us this much money for the property. The issue of stormwater storage for Lake Mary Boulevard is going to have to be addressed.
Commissioner Lockhart stated this is a unique situation and thinks they should be reminded of what their policy is and certainly what the statute is for what this process should be, because if they do decide they are going to declare this property surplus, then it needs to be advertised and opened up to everyone, not just these three individuals. Ms. Guillet stated the threshold question is whether the Board is interested in doing something with this property or are they interested in just keeping it as a retention pond.
Commissioner Constantine expressed that this is not surplus property so whatever they do, they have to ensure that the pond that is needed is going to be mitigated in whatever circumstances, keeping it the same or whatever, and they need to let these people know that they don’t necessarily want to get rid of the property, but they would entertain offers understanding that whatever they want to use it for, they would need to mitigate that drainage and the holding pond. Then once they get those, they can decide whether or not they really want to sell it at all because they don’t know what the offers are going to be. He would never make this surplus property, but he would certainly ensure that they are taking care of the needs that the County has and give them the opportunity to show how much they would pay for the property and what circumstances and mitigation they would use for the protection of the wetlands and drainage.
Commissioner Carey said you have an appraisal done for the highest and best use, not as a piece of property with a retention pond on it but what it could be worth if you were able to develop it at the highest and best use. Put a minimum bid on it and have them advise how they would deal with the retention pond and put it out there to say here is the proposal. Then they could look at the responses and decide if any are worthy of moving forward.
Ms. Guillet noted she asked Mr. Applegate to weigh in on this because she thinks you must declare that it is not needed in order to sell it. Mr. Applegate advised you can put out a proposal, but they have to be very careful; they have great discretion because it is the County’s property but it was condemned for a particular use. The time has passed where it would have to revert back to the prior owner because the time period has run out under the imminent domain statute and there was no reverter clause. Before the Board could agree with any developer, he thinks they have to put it out for a proposal, and as stated, that proposal would have to address the issue of the drainage and it would have to be opened up to everyone, not just the three that are out there. He recommended if there is an interest in looking at considering one of the three or someone else, then have staff put together a proposal with Engineering and submit it. But if they are not interested in selling the property, then he does not think there is any sense wasting everybody’s time on the other side of this.
Commissioner Carey expressed there is so much other stuff going on right now that she does not know that now is a good time to go through this and figure out this process. She added she doesn’t think they should have Engineering staff do any of this; she thinks they tell the proposers as part of the proposal that they have to tell the County how they are going to deal with the stormwater and let them come up with that. She is not opposed to putting it out there for the public to bid on it, but there are steps that will have to be taken first.
Commissioner Constantine added he is willing to look at proposals and they will have to do their due diligence, but he does not think that going into this is guaranteeing that the County is going to sell it. Mr. Applegate explained they will have that option.
Ms. Guillet advised then their first step is that they will get a highest and best use appraisal and see if it is something that the Board is interested in.
Commissioner Lockhart opined she hates for the taxpayers and staff to be dealing with and funding an appraisal of a property that the Board would not even be considering, through these machinations, if there were not people knocking on their door. She is concerned about that. As long as this is opened up per state statute and advertised for two weeks so that anybody has an opportunity to come to the table, she is okay with that. She noted this started months ago.
Ms. Guillet expressed she does not feel she has consensus yet and agreed this issue was raised several months ago in the context of the Red Cleveland easement issue and there was an inquiry. They have since received formal written inquiries that are more developed. It sounds like there is some interest in looking at this to see what the value of that property might be if it were developed, and then if it looks like it is going to be significant, it would be much easier for staff to say you are not interested in doing anything or yes we are, and go get an appraisal and put together an RFP. Chairman Zembower noted if it benefits the taxpayer at the end of the day; if it brings money in to offset the taxpayers’ burden and serves the purpose of taking care of whatever drainage requirements the County has in that area, he is fine with it. Commissioner Carey agreed and said as long as their stormwater is addressed and they put the property on the tax rolls because then it is a property that is paying taxes; they are not paying taxes on it when it is just sitting there with a retention pond on it. They just have to do their due diligence from the County’s standpoint to determine what the minimum ask is going to be. Commissioner Constantine agreed and Commissioner Lockhart added as long as they follow the process she is fine. Commissioner Dallari said he is okay with moving forward as long as the process is clear and as long as it is open to everyone, and as long as they follow the proper procedures set by the State of Florida. There was consensus of the Board. Ms. Guillet stated they will work in tandem with the County Attorney’s Office to make sure that everything is done the way it is supposed to be done. Commissioner Carey noted she just asks that the Board is updated with the steps along the way.
Ms. Guillet stated the topic of interest-based bargaining has come up a number of times with the Board and she has received some differing feedback and some representations with respect to their bargaining unit’s interest in pursuing some training and walking down that road with respect to their next negotiations. She talked directly with Jon DiVita, the president of the Union (Firefighters Local 3254), and they are interested in the concept. Mr. DiVita has done a lot of his own research on it and he is intrigued by the process. The concern is a timing concern right now as busy as everyone is with COVID; their first responders are particularly taxed by it right now. The A-Unit contract ends September 30th of next year. They would normally start this fall to talk about what issues they might want to deal with. The Union’s biggest concern is taking the requisite time to do the training and to give the interest-based bargaining process the attention it deserves. So they are interested in pursuing it but would like to maybe back-burner it, and at the very least, not talk about doing the training until November. She advised they will continue to work with the Union to coordinate some training and make sure that they can take the benefit and make the most of the opportunity to do that. The Board would not be involved in the negotiations but it is really important that if management and the Union are going to go down that road that the Commissioners understand it so they would be part of any training that they pursue in that respect. Her discussions, as recent as last Friday with Mr. DiVita, is they are interested in learning more about it and seeing how it might be beneficial. No objections were voiced.
Future meetings were discussed as to how they will be held if the Governor does not extend his executive order. The feedback Ms. Guillet has received from the Board is if the Governor extends virtual meetings, they will stick with that format, but if he doesn’t, they will go with a hybrid. She wanted to confirm that is the general thinking of the Board. Commissioner Carey explained she has expressed concern that if they go back to live meetings, they need to be a little further spread apart. She confirmed with Mr. Applegate that in a hybrid meeting with some Commissioners attending virtually that all votes would still count. Mr. Applegate added as a home-rule county, they have great flexibility. Commissioner Carey agreed that they need to get back to having the public attend if they choose to and see how they would keep them safe and not expose them.
Commissioner Dallari said he would personally love to get back to live meetings as long as they are following the rules and social distancing. If three of the five Commissioners can be there, that would be great. Commissioner Lockhart said she thinks the hybrid is a good idea. It will be interesting in practicality how it works out when they have some in person and some attending virtually. They talked about considering if there is another location for the meetings with a larger space. She would like them to consider that when they have people that have signed into the Zoom meetings to talk to the Board, some way to allow people to be on the video. She feels there is a lot to be missed with facial expressions. She has heard it a couple of different times from community members that wanted to make presentations and they had things they wanted to share and be on camera. If there is a way they could look at that, she would appreciate that. Ms. Guillet responded that they will find out if there is a way to accommodate that.
Ms. Guillet asked if the Governor extends the executive order, is it still the Board’s desire to do the hybrid or do they want to stick with the virtual if they are able to under the executive order. Chairman Zembower said he will do whatever the majority of the Board would like to do. He personally would like to see them get together if it is safe and acceptable. Commissioner Carey added it is not possible to spread out all the Board members on the dais and the Clerk is taking the minutes remotely and they are able to do that. Ms. Guillet opined from an execution standpoint, if the Governor allows the continuance of virtual meetings that they continue with doing the next one virtually. Commissioner Constantine stated he wants to get live as soon as possible, but he thinks they should just make the decision that the next meeting is going to be virtual if the Governor allows it.
Mr. Applegate said he has good news. While they were meeting today, the Circuit Court granted their motion to dismiss in the Leavitt case basically confirming that the Board has the right, and now Alan Harris has the right, to order masks to be worn in public. It is mind boggling to him that there is a group of people who are saying horrible things about Mr. Harris that government does not have a right to require masks during a pandemic. These constitutional lawyers have obviously not read the Federalist Papers because if these lawyers had, they would recognize one of the founding principals in defending the adoption of the Constitution is a strong federal government, particularly in the time of a national emergency. Supreme Court Justices on both sides of liberal and conservative views throughout Supreme Court history has affirmed presidential powers and governor powers in times of national emergency. Just like the Supreme Court has said, the Governor has the right to tell churches they cannot hold services during a pandemic. The Circuit Court granted the motion without a hearing, which shows that they are not going to waste their time with something like this. Of course, a motion to dismiss the first time around is without prejudice, so they do have that right if they want to file a new complaint, but judging from rulings about the state, he cannot predict what they will do.
Commissioner Carey stated that her ex parte communications will be submitted to the Clerk’s Office on all of the items they had today.
Commissioner Carey updated the Commission on the traffic at the Sanford Airport and the reduction due to COVID-19.
Orlando-Sanford International Airport announced their appointment of Tom Nolan as the next president and CEO. Mr. Nolan is currently the executive director of Palm Springs International Airport in California. He will be replacing Diane Crews who is retiring in September of this year. Mr. Nolan is a native of Wisconsin, he has a degree in business administration, and he is an accredited airport executive as well as a private pilot. Commissioner Carey asked that they welcome Mr. Nolan to the community.
Commissioner Constantine reported this past month, The Tourist Development Council met and approved their proposed budget. On August 5th, they are going to have a CALNO meeting where they will talk about the CARES Act with the Cities as well as the TDC budget.
Commissioner Lockhart talked about English Estates and the one thing she did not see was the comment from the neighbors that were entered into the portal, so all of those emails were in there. She was not able to discern that. She asked if staff could get all the comments that went in and who they were attributed to.
The Rosenwald School project is having its community meeting and presentations of the proposers on July 30th. She thanked staff for accommodating them in that process. Commissioner Carey asked that all of the Board members get an invitation to the Zoom meeting.
Commissioner Lockhart stated it occurred to her when they were talking today about junk vehicles that the appeal process is something she thinks that up until now, has pretty much been reserved for the Land Development Code. She would just like to know if there might be consensus on the part of the Board to ask the County Manager and staff to look at other areas of the Admin Code or County Code where there currently is no appeal process that might be beneficial for their citizens. Ms. Guillet noted she would encourage the Board to take a look at that. Staff has sometimes seen situations that should maybe be corrected but their hands are tied without an opportunity for appeal or a waiver to a certain extent or both. She said Commissioner Lockhart is right, they deal with that in the Land Development Code, but there are some other county codes that would benefit from that as well.
Chairman Zembower noted he supports that if Legal wants to take a look at what areas would be beneficial for them to do that. Commissioner Carey would like to see the list of what it is and who it goes to now, because she knows there were some things that were appealed to the County Manager and staff rejected it, and then they put language in that said they can appeal that to the County Commission because they are the only ones that are held accountable to the public. To her, there should always be an appeal process at some level if they want to go through all the steps to have someone overrule, and she would like to see the list of how they do it. Mr. Applegate said they will work with staff to find out where they are having problems and they will address it. Commissioner Dallari stated he has no problem with having staff look at that. He thinks Commissioner Carey is correct that they should have an appeal process. He would like to see an entire list as well as what the recommendation of staff and Legal would be. Chairman Zembower stated that they have consensus.
Commissioner Lockhart opined the way they are currently set up to handle their emergency management function by giving their emergency manager such broad discretion serves them very well given the fact that they have a phenomenal emergency manager. They all know that most of what they deal with is hurricanes and fires and emergencies not contemplating something as long and drawn out and as politically charged as a pandemic. She thinks it is important for them as a Board to acknowledge that there is an opportunity for them to review their policy related to emergency management. She thinks in one of their codes it says that the emergency manager reports and serves at the will of the Board and in another section, it says that they report to the County Manager, so within their own language and in different parts of their code there is conflict. She feels there is just cleanup that needs to be had and she knows it is a very hot button topic and it is not an easy discussion to have right now given the nature of everything that is going on. She is not suggesting that in the middle of this flashpoint that they dig in but that they need to at least set a time when they are willing to tackle that topic because it hasn’t been looked at or addressed in this climate. She is throwing that out there as a possibility if the Board would entertain the idea of looking at that at some point in the future. Chairman Zembower said he would support Commissioner Lockhart’s point and asked if she would share the part of the code that she is referring to with the County Attorney’s Office to understand what those are. If they need to take appropriate corrective measures or something needs to be updated or clarified, he thinks they should absolutely do that. Commissioner Lockhart noted that as a Board they have not really discussed how they really want this situation to be handled. And maybe this is a discussion that happens after November, but she thinks that it hasn’t certainly been openly discussed and talked about in this new world that they are living in with all of the different potential positives and pitfalls of how they have it arranged right now. They may decide that they like it the way it is, but she thinks the community deserves to hear them talk through the policy they have in place, because certainly it has caused a lot of heartburn and anxiety for a lot of people, especially staff. Chairman Zembower said he supports the County Attorney looking at those conflicts and believes they should wait until the emergency orders have come and past.
Commissioner Dallari reported they have an MPO grant that is a partnership between UCF, FDOT, as well as MetroPlan. The grant is for about $300,000 for crash predictability and expedited detection. It is a grant they actually received where they will be getting funds to try to do a depictive-type of warning and be able to move up their first responders, law enforcement, fire and paramedics, and relay that to the ERs. He thanked UCF and FDOT. The other grant received was the Florida’s Regional Advanced Mobility Elements (FRAME) grant which is about $10M, and that is for a project up and down I-4.
Commissioner Dallari said he was asked by the Oviedo American Legion Post to report to the Board, even though they spoke about it at the last meeting, and to also thank Alan Harris for the quick response about trying to get the American Legion reopened because they don’t serve alcohol and they don’t have a restaurant. They were able to inform the other American Legion Posts around the state and all the other posts.
District 2/CHAIRMAN’S REPORT
Chairman Zembower reported the July 4th Geneva parade was not held in person but there was a small gathering in the Geneva area that included Representative David Smith. There was also a memorial to Rocky Harrelson, the people from Spruce Creek flew over in his memory earlier in the day.
In regard to policies and procedures, Chairman Zembower stated they had asked the County Manager, shortly after Commissioner Lockhart and he were elected, to put together for some consideration a Board Code of Conduct, Policies and Procedures, those types of things. Ms. Guillet has been working on that and is now ready to distribute that to all of the Commissioners. He asked that his fellow Commissioners review those and make their comments and return those to the County Manager’s office.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated June 2, 2020, from Traci Houchin, City Clerk, City of Sanford, to the Board of County Commissioners re: Copy of Notice for Ordinance No. 2020-4555 referencing 1777 Burrows Lane.
2. Letter dated June 30, 2020, from Grant Maloy, Seminole County Clerk of Court and Comptroller, to Governor Ron DeSantis re: Request for help with funding for court operations.
3. Letter dated June 2, 2020, from Ruben Acosta, Bureau of Historic Preservation, to Chairman Zembower re: Georgetown Historic District nomination for listing in the National Register of Historic Places.
4. Letter dated July 2, 2020, from Commissioner Jay Zembower to Governor Ron DeSantis re: Request veto of SB 410.
5. Letter dated Letter dated July 2, 2020, from Commissioner Jay Zembower to Representative David Smith, District 8, re: Request veto of SB 410.
6. Letter dated April 25, 2020, from Deborah Pedraza, Senior Director, Orange County Public Schools, to the Board of County Commissioners re: The Board’s donation to the Central Florida NAF Academics fund.
7. Letter dated July 8, 2020, from Diane Crews, President & CEO, Sanford Airport Authority, to Chairman Zembower re: Sanford Airport Authority’s interest to purchase real property owned by Seminole County; Parcel I.D. #07-20-31-5LR-0000-005A.
8. Letter dated June 19, 2020, from Chairman Zembower, to Secretary Henderson, Assistant Secretary of the Air Force, re: United States Space Command Basing Nomination.
9. Letter dated July 22, 2020, from Chairman Jay Zembower, to Seminole County Mayors & Managers re: Proposed Seminole County Mobility Fee.
2020 BCC PERFORMANCE REVIEWS
Dr. Larry Ross, Professor Emeritus at Florida Southern College and President of F&B Associates, addressed the Board to present the 2020 BCC Performance Reviews of the County Manager and County Attorney (PowerPoint received and filed). He explained F&B provides professional services in the area of strategic planning, employee engagement, and a special type of performance review outside of the ordinary one-to-one relationship of a direct supervisor and a subordinate. Their reviews deal with senior level administrators who report to a Board. He then presented the Performance Review Summary.
Commissioner Carey commented this has been an excellent process for them to go through, and she hopes the Board will continue to do this. She thinks it is only fair that people get evaluations and she doesn’t think it should be tied to compensation. She thinks it should be standalone and then they would use that tool at a later time to look at the compensation of the two top leaders of their organization. She also thinks that the process they went through at the retreats and setting expectations and setting goals and objectives is also helpful. They change on a regular basis; what is important today (pre-COVID) may not be after COVID. She thinks the continuation of the process is important to the overall strength of the organization. She added that Dr. Ross has done an excellent job with his approach and understanding after having done this for so many years for governments.
Commissioner Dallari thanked Dr. Ross stating his work was well done not just this year, but also last year, and he believes this process is beneficial to them as well as to the citizens, so he would like to set this up to continue to work with Dr. Ross next year no matter who the Board is made up of then.
Commissioner Lockhart said she agrees that she would like to get this set up for next year so that the ball is in motion because consistency is so key in any type of process like this. Dr. Ross has given them a format and roadmap to follow which is not an easy thing to do when they have so many personalities and perspectives involved. She gives him tremendous credit for developing a niche in dealing with this type of situation.
Commissioner Lockhart inquired how much of this overall review and evaluation process should be measured on those goals and objectives in the strategic planning process and the seven dimensions. Dr. Ross responded more so for the County Manager than the County Attorney obviously because the retreat is designed to create goals and expectations around county operations under the leadership of the County Manager. He thinks in the current seven dimensions that they are using for Seminole County, two dimensions in particular are tied to the retreat, which would be Fiscal Management, because the budget should reflect those priorities that the Board set, and secondly, policy and planning, because the strategic plan is sort of the ultimate planning exercise in terms of setting long-term visions. He suggests they are not separate; the review should reflect performance by the County Manager in those two areas specifically related to the retreat. If for some reason, it is either the County Manager’s desire or the Commissioners’ desire to create a new performance dimension, an eighth dimension or change one of the current dimensions that deals specifically with performance against strategic plan, he would be happy to do that. He cautioned the County Manager has a complex job over 365 days of the year, and they do not want the performance review to drill down too tightly into just one area of performance.
Chairman Zembower echoed the comments of his fellow Commissioners but he would like to carry it one step further and see the Board actually consider putting it into their Policies and Procedures that a review be done of the County Manager and County Attorney on an annual basis. There are some contractual agreements that originally existed that probably eventually should be looked at by this Board, and he thinks that is something they should look at moving forward for the future boards.
Commissioner Carey stated she thinks that having at least one line item in there to say how are you doing compared to the strategic plan, because if you are going to continue to update the strategic plan, that needs to be one of the measurable goals that they are measuring against. Some things in the plan obviously take longer to do than others. As far as a policy, she is not sure how they enforce what happens by the County Commission. They had a policy that said they would review annually but the Chairman at the time would pass out the evaluations and there were times when no one would return them which is why they engaged Dr. Ross to do this where it became a team effort to do the strategic planning and it is also an expectation. She does not know whether that needs to go into the Admin Code in order to cause that to happen or in the policies, because if the County Commissioners decide not to provide those to the Chairman, there really is nothing the Chairman can do about that other than try to appeal to them that it really helps the organization if everyone participates. She would like to see them at least put this in code or policy where this has to happen. She thinks doing things after the new board is seated in November would be the right time. She also thinks they should have an orientation similar to what the Citizens’ Academy goes through, where they go to all of the different departments where they actually look and see, and touch and feel how they do things. Some Commissioners like Commissioner Lockhart do that on their own and then other Commissioners do not ever go out into the departments and have no idea of how operations go. She thinks having an in-depth orientation set up and ready to go for the new commissioners would be very helpful for them because it isn’t like they get six months of training. They get seated on November 16 and on the second Tuesday in December, they are going to have a County Commission meeting.
Ex parte communications were submitted by Commissioner Dallari.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:23 p.m., this same date.