Board of County Commissioners

Tuesday, June 11, 2024 9:30 AM SEMINOLE COUNTY, FLORIDA COUNTY SERVICES BUILDING 1101 EAST FIRST STREET SANFORD, FLORIDA 32771 1468 BCC Chambers Board of County Commissioners Meeting Minutes Board of County Commissioners Meeting Minutes June 11, 2024 Page 1 of 1 Board of County Commissioners Meeting Minutes June 11, 2024 I. CALL TO ORDER Chairman Jay Zembower Vice Chairman Andria Herr Commissioner Bob Dallari Commissioner Lee Constantine Commissioner Amy Lockhart Present: Additional Attendees: County Attorney Kate Latorre, County Manager Darren Gray, Clerk of Court and Comptroller Grant Maloy, and Deputy Clerks Kyla Farrell and Chariti Guevara. II. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Andy Searles, Church Together, Casselberry, gave the Invocation. Kim Ornberg, Environmental Services Director, led the Pledge of Allegiance. III. CONSENT AGENDA – PUBLIC PARTICIPATION County Manager Darren Gray announced Agenda Item #32, Unilateral Termination For Cause of Benchmark Construction Company, is being pulled and will be brought back at a later date . With regard to public participation, no one spoke, and public input was closed. Motion by Commissioner Lockhart, seconded by Vice Chairman Herr, to approve Constitutional Officer's Consent Agenda Item #1, and County Manager's Consent Agenda Items #2 - #31 and #33 - #38. Districts 1, 2, 3, 4, and 5 voted AYE. Constitutional Officers – Consent Agenda (Item No. 1) 1. 2024-0739Expenditure Approval Lists dated May 1, 8, and 15, 2024; Payroll Approval List dated April 25 and May 9, 2024; and BCC Official Minutes dated April 23, 2024. (Jenny Spencer, CPA, MAcc, CGFO, and CFE, Director - Comptroller’s Office) County Manager’s Consent Agenda (Items No. 2 - 38) County Manager's Office 2. 2024-0785Approve and authorize the Chairman to execute the Interlocal Agreement Between Seminole County, the School Board of Seminole County, and the Municipalities of Seminole County Relating to the Shared Distribution and Use of the One Cent Local Government Infrastructure Surtax Approved in a Referendum Held at a General Election on November 5, 2024. Countywide (Darren Gray, County Manager) Community Services 3. 2024-0660Approve and authorize the Chairman to execute the First Amendment to the Developer Agreement for HOME Program Funding Somerset Landings Apartments and the Restrictive Use Covenant (RUC) to amend the number of units for income-qualified households. District5 - Herr (Allison Thall, Community Services Director) Page 1 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 4. 2024-0673Approve and authorize the Chairman to execute the Interlocal Agreement with City of Oviedo for the Urban County Partnership Program in the amount not to exceed $100,000 during the term for allowable expenditures under the CDBG program, which includes refurbishing of the flooring in Fire Station 46 and 48 to comply with ADA standards. District1 - Dallari (Allison Thall, Community Services Director) 5. 2024-0715Approve and authorize the Chairman to execute the agreement between Seminole County and Thelma Patterson and Natasha Sanders, Owners, for housing reconstruction using State Housing Initiatives Partnership (SHIP) funds not to exceed $250,000. District5 - Herr (Allison Thall, Community Services Director) 6. 2024-0737Approve and authorize the Chairman to execute the agreement between Seminole County and Raymond Jean and Kettelene Jean, Owners, for housing reconstruction using State Housing Initiatives Partnership (SHIP) funds not to exceed $250,000. District5 - Herr (Allison Thall, Community Services Director) Development Services 7. 2024-0667Approve the Final Plat for the Cameron Preserve (fka Celery-Cameron) Subdivision containing eighty-two (82) lots on 34.21 acres zoned PD (Planned Development), located on the south side of Celery Avenue, west of Cameron Avenue; (Stephen McConn, Applicant) District5 - Herr (Rebecca Hammock, Development Services Director) 8. 2024-0668Approve the Final Plat for the Morning Star Subdivision containing two (2) lots on 2.01 acres zoned A-1 (Agriculture), located on the south side of Morning Star Place, east of Mikler Road; (Valerie Smith, Applicant) District1 - Dallari (Rebecca Hammock, Development Service Director) 9. 2024-0669Approve the Final Plat for the Stonewall Subdivision containing one (1) lot on 6.38 acres zoned M-1 (Industrial), located at the intersection of Ronald Reagan Boulevard and Stonewall Place; (Gregory Fulfort, Applicant) District2 - Zembower (Rebecca Hammock, Development Services Director) Environmental Services 10. 2024-0692Approve and authorize the Chairman to execute a new Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Management Inc. of Florida and a Renewal of the Non-Exclusive Franchise for the Collection of Commercial Solid Waste Certificate for October 1, 2023 to September 30, 2024. Countywide (Kim Ornberg, Environmental Services Director) 11. 2024-0678Approve and authorize the Chairman to execute a new Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with GFL Solid Waste Southeast, LLC, and a Renewal of the Non-Exclusive Franchise for the Collection of Commercial Solid Waste Certificate for Page 2 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 October 1, 2023 to September 30, 2024. Countywide (Kim Ornberg, Environmental Services Director) Fire Department/EMS 12. 2024-0683Approve and authorize the Chairman to execute the On-Board Unit Equipment License Agreement (OBU) between Seminole County and the State of Florida Department of Transportation. Countywide (Matt Kinley, Fire Chief) Fleet and Facilities 13. 2024-0411Approve and authorize the Chairman to execute the Lease Agreement between Seminole County and A & Z Ventures, LLC and the Memorandum of Understanding between Seminole County and Florida Department of Health (Seminole County) for use of Reflections Building, Suite 534, for administrative office space. This extends the agreement through June 30, 2026 with an annual increase of $1,957.80 for a total of $66,744.00. District5 - Herr (Chad Wilsky, Fleet and Facilities Director on behalf of Alan Harris, Emergency Management Director) Management and Budget 14. 2024-0716BAR 24-061; Approve and authorize the Chairman to execute a Resolution implementing a Budget Amendment Request (BAR) in the amount of $600,000 through Property and Liability Fund reserves to provide additional funding for Property and Liability claims. Countywide (Timothy Jecks, Management & Budget Director) Requesting Department - Resource Management Resolution #2024-R-64 BAR #24-061 15. 2024-0750BAR 24-062; Approve and authorize the Chairman to execute a Resolution implementing a Budget Amendment Request (BAR) in the 2014 Infrastructure Sales Tax Fund to transfer $256,388 of available budget for projects at CR 427 Streetscapes and Longwood Bike Pedestrian Improvements; and to transfer $318,612 to fund reserves. District4; Lockhart (Timothy Jecks, Management & Budget Director) Requesting Department - Public Works Resolution #2024-R-65 BAR #24-062 Public Works 16. 2024-0656Approve and authorize the Chairman to execute a Purchase Agreement related to Project Parcel No. 1-806 for a drainage easement necessary for the Midway Drainage Improvement Project (240± SF) between Beverly A. Williams and Seminole County for $6,620.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. District5 - Herr (Jean Jreij, P.E., Public Works Director) Page 3 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 17. 2024-0681Approve and authorize the Chairman to execute a Purchase Agreement related to Project Parcel No. 1-816 for a drainage easement necessary for the Midway Drainage Improvement Project (630± SF) between James C. Hampton and Seminole County for $12,000.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. District5 - Herr (Jean Jreij, P.E., Public Works Director) 18. 2024-0684Approve and authorize the Chairman to execute a Purchase Agreement related to Project Parcel No. 1-846 for a drainage easement necessary for the Midway Drainage Improvement Project (800± SF) between Leroy Pendleton and Loretta Bradley and Seminole County for $15,220.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. District5 - Herr (Jean Jreij, P.E., Public Works Director) 19. 2024-0687Approve and authorize the Chairman to execute a Purchase Agreement related to Project Parcel No. 1-865 for a drainage easement necessary for the Midway Drainage Improvement Project (171.25± SF) between Deborah Armstrong and Seminole County for $11,250.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. District5 - Herr (Jean Jreij, P.E., Public Works Director) 20. 2024-0693Approve and authorize the Chairman to execute a Purchase Agreement related to Project Parcel No. 1-848 for a drainage easement necessary for the Midway Drainage Improvement Project (506.67± SF) between David Willis and Marcus J. Willis and Seminole County for $15,000.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. District5 - Herr (Jean Jreij, P.E., Public Works Director) 21. 2024-0742Approve and authorize the Chairman to execute a Purchase Agreement related to Project Parcel No. 2-847 for a drainage easement necessary for the Midway Drainage Improvement Project (28,223± SF) between William Mooers and Kimberly Mooers and Seminole County for $137,150.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. District5 - Herr (Jean Jreij, P.E., Public Works Director) 22. 2024-0743Approve and authorize the Chairman to execute a Resolution and a Local Agency Program Supplemental Agreement No. 2 with the Florida Department of Transportation for State Road 434 Roundabouts from west of Jetta Point to south of Artesia Street in Seminole County. FPN 446491 -1-38-01. District2 - Zembower (Jean Jreij, P.E., Public Works Director) Resolution #2024-R-66 Resource Management 23. 2024-0323Award RFP-604683-23/MHH - Foreclosure Registration and Short-Term Page 4 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 Vacation Rental Compliance Services to Avenu Insights & Analytics, LLC, Centreville, VA, and authorize the Purchasing and Contracts Division to execute the Agreement. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Development Services 24. 2024-0514Waive the procurement process and authorize SS-604806-24/TLR - PowerPolicy and PowerEngage Setup and Subscription to PowerDMS by NeoGov, El Segundo, CA in the amount of $107,322.20 (2-yrs); approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #24-057 in the Fire Fund to appropriate funding in the amount of $52,750.00, and authorize the Purchasing and Contracts Division to execute the documents. (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Fire Resolution #2024-R-67 BAR #24-057 25. 2024-0635Award IFB-604735-24/MHH - Residential HVAC/Mechanical Services to Climate Control Mechanical Services, Inc., Ocala, Hero Facility Services, LLC, Melbourne, Pat Lynch Construction, LLC, Orlando, and Synergy Heating & Cooling Inc, Deltona, and authorize the Purchasing and Contracts Division to execute the Agreements. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Community Services 26. 2024-0657Award IFB-604756-24/MHH - Residential Roofing Services to Integrity Roofing & Gutters Inc., Orlando, Pat Lynch Construction, LLC, Orlando, Roof Monkeys LLC, Fletcher, North Carolina and The Ford Design Group, LLC, Clermont, and authorize the Purchasing and Contracts Division to execute the Agreements. Countywide (Lorie Bailey Brown, CFO, Resource Management Director) Requesting Department - Community Development 27. 2024-0662Approve Change Order #2 to CC-4845-23/HSM-Highland Pines-Graham Road Gravity Sewer Rehabilitation in the amount of $171,745.30, to Insituform Technologies, LLC of Chesterfield, Missouri., and an additional forty-five (45) calendar days to Substantial Completion and authorize the Purchasing and Contracts Division to execute the Change Order. District4 - Lockhart (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Utilities 28. 2024-0670Approve Amendment #3 to RFP-604127-21/LNF - Consulting Services for Permitting Software Needs Assessment with Plante Moran, PLLC, Southfield, MI, extending the contract term to November 30, 2026, and authorize the Purchasing and Contracts Division to execute the Amendment. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Development Services 29. 2024-0698Approve Award CC-5761-24/MAG - Construction Services Agreement for Lake Mary Blvd at Country Club Road Intersection Improvements Project to Central Florida Environmental (CFE) Corporation in the amount of Page 5 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 $2,915,290.75, and approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #24-063 in the Arterial Impact Fee and 2014 Infrastructure Sales Tax Funds to transfer a net $766,807.67 from reserves. District 4 - Lockhart (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Public Works Resolution #2024-R-68 BAR #24-063 30. 2024-0711Award RFP-604790-24/TLR - Executive Search and Recruitment Services to Cogent Infotech Corporation, Pittsburgh, PA, CPS HR Consulting, Sacramento, CA, and S. Renee Narloch & Associates, Tallahassee, and authorize the Purchasing and Contracts Division to execute the Agreements. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - County Manager’s Office 31. 2024-0736Approve Change Order #10 to CC-3793-21/RTB - EE Williamson Road Trail Connection & Intersection Improvements at Rangeline Road in the amount of $150,321.91, to Hubbard Construction Company of Winter Park, Fl., and authorize the Purchasing and Contracts Division to execute the Change Order. District4 - Lockhart (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Public Works 32. 2024-0788Approve the unilateral termination for cause of Benchmark Construction Company, Inc., of Bartlett, IL - Country Club Heights Sewer and Water Main Replacement and authorized the Purchasing and Contracts Division to waive the procurement process and contract with a General Contractor to complete the project. District4- Lockhart (Lorie Bailey Brown, CFO/Resource Management Director). Requesting Department - Utilities Pulled from the agenda. 33. 2024-0731Approve and authorize the Chairman to execute a Memorandum of Agreement (MOA) between coalition partners including Seminole County (Lead Applicant), Osceola County, Orange County, City of Orlando, City of Altamonte Springs, City of Winter Springs, City of Oviedo, and Tohopekaliga Water Authority to complete the Federal EPA Climate Pollution Reduction Grant application submitted on April 1, 2024 with a required submission of a MOA with coalition partners to EPA by July 1, 2024, and authorize the County Manager or designee to execute the supporting documents as required for the grant. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Innovation and Strategic Initiatives 34. 2024-0732Approve and authorize the Chairman to sign a Memorandum of Agreement (MOA) for the Tampa Bay Regional Planning Council (TBRPC) to complete the Federal EPA Climate Pollution Reduction Grant (CPRG) application requirement and submit an MOA from all Coalition Members by July 1, 2024, and authorize the County Manager or designee Page 6 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 to execute the supporting documents as required for the grant. If the CPRG grant is awarded to TBRPC, Seminole County will receive funding for a solar array in the Seminole County Landfill. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Innovation and Strategic Initiatives 35. 2024-0741Request Board approval to submit a grant application to the U.S. Department of Transportation for the Active Transportation Infrastructure Investment Program requesting up to $2,000,000 for a planning grant for the Seminole County Trail program connecting the southern trail in Orange County to the northern trail in Volusia County; and authorize the County Manager or designee to execute the grant application and supporting documents as required for the grant. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Parks & Recreation 36. 2024-0697Approve the proposed negotiated settlement of an auto liability/bodily injury lawsuit (Tre Johnte Melik Otero v. Seminole County, Florida, Case No. 2021CA002774) related to an automobile crash that occurred on September 4, 2020, for the total amount of $85,000, inclusive of attorney’s fees. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) 37. 2024-0707Approve the proposed negotiated settlement of a general liability/bodily injury lawsuit (Mark Sackett v. Seminole County, Florida, Case No. 2021CA001085) related to an incident that occurred on April 17, 2020, for the total amount of $85,000, inclusive of attorney’s fees. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) 38. 2024-0680Approve and authorize the Chairman to execute a resolution confirming the Non-Ad Valorem Variable Rate Assessments for tax year 2024. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Resolution #2024-R-69 IV. REGULAR AGENDA 39. 2024-0787Reduction of Lien - Continued from the 5/14/24 BCC Meeting - Consider the request for a reduction of lien due to a financial hardship of the Code Enforcement Board lien Case #12-70-CEB, from $208,250.00 to administrative costs of $552.82 for the property located at 1880 Ranchland Trail, Longwood, Tax Parcel ID: 30-20-30-300-0180-0000, (Drew A. Mooty, Applicant). District4 - Lockhart (Alexis Brignoni, Code Enforcement Clerk) Ms. Brignoni addressed the Board and presented Agenda Item #39 as outlined in the agenda memorandum. Deputy County Attorney Neysa Borkert addressed the Board and explained the history of the case from a legal standpoint. Ms. Brignoni advised staff recommends the BCC approve a reduction of the lien from $208,250.00 to the administrative costs of $552.82. There were few Board comments and questions. Liz Parkhurst, Development Services, addressed the Board to help answer Board Page 7 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 questions. Mr. Mooty addressed the Board and asked them to work with him on reducing the lien. With regard to public participation, Michael Serrao spoke in support of the item. No one else spoke, and public input was closed. Public Comment Form was received and filed. Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to approve a reduction of lien due to a financial hardship of the Code Enforcement Board lien Case #12-70-CEB, from $208,500.00 to $104,125.00 for the property located at 1880 Ranchland Trail, Longwood, Tax Parcel ID: 30-20-30-300-0180-0000; Drew A. Mooty, Applicant. Under discussion, Vice Chairman Herr asked how Commissioner Lockhart calculated the dollar amount. Commissioner Lockhart explained she used the table that is provided in the agenda backup, and she took into consideration the most recent aerials of the property. She added there's been an opportunity over the last nine years to bring the property into compliance, and it hasn't been done. Commissioner Constantine noted the amount seems a little excessive, and even staff recommended a reduction to just the administrative costs. He asked if she thinks it is important to reduce it to $104,125.00, and Commissioner Lockhart stated she wouldn't have made the motion if she didn't think it was important. Districts 1, 2, 3, 4, and 5 voted AYE. Vice Chairman Herr stated she has a question that is not related to this specific item. It occurs to her that she does not understand the calculation of administrative costs. She asked if it was legislated. County Attorney Kate Latorre answered no. Vice Chairman Herr stated it is the County's own internal calculation, similar to how they do a public records request calculation. She pointed out the calculation is clearly not a good representative, yet they're leading with a number that is not representative of the true costs to the taxpayers which gives a false impression that a lien could be reduced that low. They really need to fix that. Chairman Zembower pointed out in 2020, the County gave amnesty for a lot of these issues during COVID-19. And the Board directed staff to dig in and get all-inclusive costs. He's not sure where that stands now, but the Board made it pretty clear that was their expectation back then. Mr. Gray advised they can add this topic to the Code Enforcement process review. Chairman Zembower noted they had the same conversation about MSBU costs and how they weren't reflective of staff time. Other counties have a pretty distinct calculation as part of their Code. Commissioner Lockhart stated as they talk about Code Enforcement and looking at the big picture, she thinks they have to be clearer in their expectations that right now, bringing something into compliance doesn't require action. It requires a permit, but it doesn't require action on the permit; and she thinks that's a problem. Because if the intent is compliance, pulling a permit doesn't create compliance; and that doesn't get Page 8 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 them where they need to be. Chairman Zembower pointed out the permit is only good for so long if there's no work done on it, and it can only be renewed once or twice . He doesn't disagree that there needs to be some cross-communication on how that can be worked out. Commissioner Lockhart added there is continued follow-up that is necessary. V. WORKSESSION 40. 2024-0661Presentation - Affordable Housing Annual Report (Allison Thall, Community Services Director) Ms. Thall addressed the Board and presented the item as outlined in the agenda memorandum. Penny Seater and Kelly Pisciotta, Habitat for Humanity, addressed the Board to present part of the presentation. With regard to public participation, no one spoke, and public input was closed. A Written-Public Comment Form from Leslie Grubl was received and filed. The Board shared their comments regarding the presentation and asked few questions . Rebecca Hammock, Development Services Director, addressed the Board to help answer questions. Chairman Zembower advised he has had conversations with developers asking them if they would build affordable housing or sub-market units in the multifamily units. Often, the answer received is they would like to; however, their business model is not set up for the recordkeeping that is required for the reporting, accounting, and so forth. What was suggested was a County fund that developers could pay into so the County can do it. He would like staff to look at a mechanism to set something like that up. He believes other jurisdictions are already doing that. Recess BCC Meeting Until 1:30 P.M. Chairman Zembower recessed the meeting at 10:30 a.m. Reconvene Meeting at 1:30 P.M. Chairman Zembower reconvened the meeting at 1:30 p.m. with all Commissioners and other Officials, with the exception of Clerk Maloy and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Guevara, who were present at the opening session. VI. PUBLIC HEARING AGENDA Accept Proofs of Publication Motion by Commissioner Constantine, seconded by Vice Chairman Herr, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearing into the Official Record. Districts 1, 2, 3, 4, and 5 voted AYE. Ex Parte Disclosure All districts submitted their ex parte. Page 9 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 Public Hearings - Quasi - Judicial 41. 2024-0674Lake Emma Self-Storage Small-Scale Future Land Use Map Amendment and PD Rezone - Consider a Small Scale Future Land Use Map Amendment from Commercial to Planned Development, and a Rezone from C-2 (Retail Commercial) to PD (Planned Development) on approximately 1.26 acres, located on the east side of Lake Emma Road, approximately 250 feet south of Lake Mary Boulevard; (Huber Group, LLC., Applicant) District4 - Lockhart (Joy Giles, Principal Planner) FLU Ordinance #2024-13 Rezone Ordinance #2024-14 Approval D.O. # 23-20000001 Ms. Giles presented the item as outlined in the agenda memorandum and advised staff recommends denying the request. There were no questions from the Board. Chad Moorhead with Madden, Moorhead & Stokes, on behalf of the Applicant, addressed the Board and presented their request (presentation received and filed). There were no questions from the Board. With regard to public participation, no one spoke and public input was closed. There was brief Board discussion. Motion by Commissioner Lockhart, seconded by Chairman Zembower, based on Staff’s findings and the testimony and evidence received at the hearing, to find the request meets the identified portions of the Comprehensive Plan to adopt Ordinance #2024-13 enacting a Small Scale Future Land Use Map Amendment from Commercial to Planned Development; to find the request meets the identified portions of the Seminole County Land Development Code to adopt Ordinance #2024-14 enacting a Rezone from C-2 (Retail Commercial) to PD (Planned Development) on approximately 1.26 acres, located on the east side of Lake Emma Road, approximately 250 feet south of Lake Mary Boulevard; to approve any associated Development Order, as modified in Section 3(G) of the Applicant's most recent proposed Development Order of 2,775 square feet of landscaped areas; and Master Development Plan; Huber Group, LLC ., Applicant; as described in the proof of publication. Under discussion, Commissioner Constantine stated the reasons why he supports staff's recommendation for denial. Vice Chairman Herr, Commissioner Dallari, and Chairman Zembower shared their reasons why they support the motion to approve. Districts 1, 2, 4, and 5 voted AYE. District 3 voted NAY. The motion passes 4 to 1. Page 10 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 42. 2024-0675Rivas Commercial Rezone - Consider a Rezone from A-1 (Agriculture) to C-3 (General Commercial & Wholesale) on approximately 0.78 acres, located on the west side of W S.R. 426, approximately 500 feet north of Connection Point; (Z2024-02) (PMJS Development Solutions, LLC., Applicant) District1 - Dallari (Joy Giles, Principal Planner) Ordinance #2024-15 Ms. Giles presented the item as outlined in the agenda memorandum. There were no questions from the Board. Phillip Hollis, P.E., on behalf of the Applicant, addressed the Board and advised he was available to answer any questions. With regard to public participation, Brian Taylor spoke in support. No one else spoke and public input was closed. Public Comment Form was received and filed. Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt Ordinance #2024-15 enacting a Rezone from A-1 (Agriculture) to C-3 (General Commercial & Wholesale) on approximately 0.78 acres, located on the west side of W S.R. 426, approximately 500 feet north of Connection Point; PMJS Development Solutions, LLC., Applicant; as described in the proof of publication. Districts 1, 2, 3, 4, and 5 voted AYE. 43. 2024-07265819 Bear Lake Circle - Continued from the 5/14/24 BCC Meeting - Consider approval of a 1,725 square foot combined boat dock/house/boat slip on the north side of Bear Lake Circle, approximately 418 feet west of Linneal Beach Drive, more particularly known as 5819 Bear Lake Circle; (Brian Smith, Applicant). District3 - Constantine (Mary Robinson, Planner) Approval D.O. #24-56000002 Ms. Robinson presented the item as outlined in the agenda memorandum. There were no questions from the Board. It was determined the property owner was present but did not wish to make a presentation. With regard to public participation, no one spoke and public input was closed. Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve a 1,725 square foot combined boat dock/house/boat slip on the north side of Bear Lake Circle, approximately 418 feet west of Linneal Beach Drive, more particularly known as 5819 Bear Lake Circle; Brian Smith, Applicant; as described in the proof of publication. Districts 1, 2, 3, 4, and 5 voted AYE. There was brief discussion among the Board and staff regarding the reasonableness of Page 11 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 permit fees in Seminole County. Bob Pike, Building Official, advised permit fees are due to go up by 3% in the future. Public Hearings - Legislative 44. 2024-0353Amendments to Chapter 40, Seminole County Code of Ordinances - Consider an Ordinance amending Chapter 40 of the Seminole County Code of Ordinances to update administrative provisions of the Building Code to be consistent with Florida Statutes. Countywide (Jay Hamm, Chief Plans Examiner) Ordinance #2024-16 Mr. Hamm presented the item as outlined in the agenda memorandum. There were few Board questions. With regard to public participation, no one spoke and public input was closed. Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt Ordinance #2024-16 amending Chapter 40 of the Seminole County Code of Ordinances to update administrative provisions of the Building Code to be consistent with Florida Statutes; as described in the proof of publication. Districts 1, 2, 3, 4, and 5 voted AYE. 45. 2024-0638Consider and approve an Ordinance Amending Article III of Part 1 of Chapter 250, Traffic, of the Seminole County Code to Create a New Subsection Establishing a Procedure for the Seminole County Sheriff or the Seminole County Fire Chief to Request Placement of Official Traffic Control Devices for Public Safety and Law Enforcement Purposes. Countywide (Jean Jreji, Public Works Director) Ordinance #2024-17 Charlie Wetzel, County Traffic Engineer, presented the item as outlined in the agenda memorandum. There were few Board questions. With regard to public participation, no one spoke and public input was closed. Motion by Vice Chairman Herr, seconded by Commissioner Constantine, to adopt Ordinance #2024-17 amending Article III of Part 1 of Chapter 250, Traffic, of the Seminole County Code to Create a New Subsection Establishing a Procedure for the Seminole County Sheriff or the Seminole County Fire Chief to Request Placement of Official Traffic Control Devices for Public Safety and Law Enforcement Purposes; as described in the proof of publication. Districts 1, 2, 3, 4, and 5 voted AYE. 46. 2024-0786Consider an Ordinance imposing a countywide local government infrastructure surtax of one percent (1.0%) on all authorized taxable Page 12 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 transactions occurring within Seminole County, as authorized by Section 212.055(2), Florida Statutes for a period of 10 years, beginning January 1, 2025. Countywide (Darren Gray, County Manager) Ordinance #2024-18 Mr. Gray presented the item as outlined in the agenda memorandum. There were no Board questions. With regard to public participation, no one spoke and public input was closed. Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to adopt Ordinance #2204-18 imposing a countywide local government infrastructure surtax of one percent (1.0%) on all authorized taxable transactions occurring within Seminole County, as authorized by Section 212.055(2), Florida Statutes for a period of 10 years, beginning January 1, 2025; as described in the proof of publication. Districts 1, 2, 3, 4, and 5 voted AYE. Chairman Zembower recessed the meeting at 2:28 p.m., reconvening at 2:37 p.m. VII. COUNTY ATTORNEY'S REPORT Ms. Latorre introduced her office's summer intern Anthony Gioia. IIX. COUNTY MANAGER'S REPORT AND STAFF PRESENTATIONS No report. IX. DISTRICT COMMISSIONER REPORTS District 1 - Commissioner Dallari Commissioner Dallari wished everyone a happy Father's Day. District 3 - Commissioner Constantine Commissioner Constantine reported on Wekiva River Basin Commission meeting, Seminole County Fire Station No. 12 patient reunification, Opioid Leadership meeting, upcoming MetroPlan meeting, upcoming MPO Alliance meeting, and the South Seminole Rotary Club. District 4 - Commissioner Lockhart Commissioner Lockhart reported on Central Florida Zoo AZA accreditation, Seminole State Aspen award status, Leadership Seminole Class 33 graduation, Lillie H. Green Community Center meeting, SunRail and Lynx June board meeting cancellations, upcoming Brawner House Museum opening and Juneteenth celebration, and hurricane preparedness . 47. 2024-0789Board Appointment Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to appoint Eric Ulberg to the SunRail Customer Advisory Committee for a one-year term. Districts 1, 2, 3, 4, and 5 voted AYE. Page 13 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 District 5 - Commissioner Herr Vice Chairman Herr reported on Leadership Seminole Class 33 graduation, Leadership Point grand opening, and the grand opening for Lake Sylvan's Born Learning Trail . The Vice Chairman gave a shout-out to Sheriff's Office intern Kyle Wojcik who graduated from Seminole State Law Enforcement Academy and won the academic award. District 2 - Chairman Zembower Chairman Zembower requested a nomination for Commissioner Dallari to be the Value Adjustment Board Chairman. Motion by Vice Chairman Herr, seconded by Commissioner Constantine, to appoint Commissioner Dallari as the Value Adjustment Board Chairman. Districts 1, 2, 3, 4, and 5 voted AYE. Commissioner Dallari advised there was a change in state statute which now requires the BCC to elect the VAB Chairman (backup documentation received and filed). Chairman Zembower reported on Leadership Seminole Class 33 graduation, the naming of the Ed and Imogene Yarborough Nature Center (picture received and filed), EOC hurricane preparedness exercise, working a day in the field with the roads and stormwater crew, Orange County's rural boundary ballot referendum for the upcoming election, and Associated Builders and Contractors meeting. X. CHAIRMAN'S REPORT COMMUNICATIONS AND/OR REPORTS 1. Letter dated May 30, 2024, from Linda Radun, Citizen, Altamonte Springs, to BCC, re: Request for consideration of a Bill of Rights Ordinance. 2. Letter dated May 17, 2024, from Michael C. Degori and Max N. Panoff, Leighton Law, to “Whom it may concern,” re: Statutory Notice of Claim of Jaron Robinson - Firm is representing him in connection with personal injuries stemming from a shooting incident that occurred on 4/28/24 at Cabana Live in Sanford. 3. Letter dated May 8, 2024, from Dr. Kyra N. Lucas, Survey & Registration Supervisor, Bureau of Historic Preservation, Florida Department of State, to BCC Chairman Jay Zembower, re: Nils Schweizer House, 213 Wood Lake Drive, Maitland, nominated for listing in the National Register of Historic Places. 4. Letter dated May 9, 2024, from Angela Apperson, Altamonte Springs City Clerk, to BCC Chairman Jay Zembower, re: Notice of Public Hearing in connection with a request for a voluntary annexation of 240 Storage Pointe. cc: County Manager Darren Gray XI. PUBLIC COMMENT (Items not Related to the Agenda) Linda Radun, Lane Johnson, and Sheri Johnson spoke in support of a Bill of Rights Page 14 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 Ordinance. Dennis Schoeppner, Jeanette Chech, Janette Keeling, Natalie Lackner, and Pat Tykowski spoke in support of a Legally Valid 2024 General Election. Written comment forms in support of a Bill of Rights Ordinance were submitted from Linda Jedlicka, Glenn Jedlicka, Jean Barwig, Robert Sexton, Robert Baker, Alison McKillop, Carole Jackson, Christine Johnson, Evie Vincent, Pat Tykowski, Doreen Krever, Eden Barnes, Melodie Patton, Ami Nibhanupudy, Joe Humphreys, Lisa Vigil, Don Epps, Rita Hoffman, Dennis Schoeppner, Moearii Evans, Julie Anne Rechner, and Jeanette Chech. Written comment forms in support of a Legally Valid 2024 General Election were submitted from Janette Keeling, Moearii Evans, Kenneth Critz, Kelly Critz, Craig Lilepin, Terry Patten, Pam Monroe, Brenda Stencel, Paul Kirk, Asha Collins-Mizwicki, Don Epps, Diana Schoeppner, Rita Hoffman, Rita Dietlin, Raelene Griffin, Marcus Hyatt, John Bradley, Julie Anne Rechner, Rita Hoffman, Sheri Johnson, and Lane Johnson. No one else spoke and public input was closed. Public Comment Forms and Written Comment Forms were received and filed. There were Board questions and discussions with Mr. Schoeppner regarding the election concerns. The Board advised the BCC does not have jurisdiction over the Supervisor of Elections. All Supervisors of Elections are Constitutional Officers. They recommended the concerns be brought forward to the Governor and/or Secretary of State. Mr. Schoeppner advised he will be in contact with the Commissioners to set up meetings to go over their requested data. Page 15 of 16 Board of County Commissioners Meeting Minutes June 11, 2024 XII. ADJOURN BCC MEETING There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:42 p.m., this same date. APPROVED by the BCC: _____________________________ _____________________________ Chairman Date ATTEST: _____________________________ Clerk of Court and Comptroller AS Clerk to the BCC Page 16 of 16