Board of County Commissioners

Tuesday, January 10, 2023 9:00 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 January 10, 2023 Page 1 of 1 Board of County Commissioners Meeting Minutes January 10, 2023 Please silence all cell phones/electronic devices Call to Order Chairman (District 4) Amy Lockhart Vice Chairman (District 5) Andria Herr Commissioner (District 1) Bob Dallari Commissioner (District 2) Jay Zembower Commissioner (District 3) Lee Constantine Present: Additional Attendees: Interim County Manager Bryant Applegate, Acting County Attorney Paul Chipok, Clerk of Court & Comptroller Grant Maloy, and Deputy Clerk Kyla Farrell. Invocation Jocelyn Williamson, Central Florida Free Thought Community, Oviedo, gave the invocation. Pledge of Allegiance Ms. Williamson led the Pledge of Allegiance. AWARDS, PRESENTATIONS AND PROCLAMATIONS 1. 2022-7489Resolution - Recognizing Dr. Daniel Holsenbeck (Dr. Joyce Clampitt) Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt appropriate Resolution #2023-R-1 recognizing Dr. Daniel Holsenbeck. The motion carried by a unanimous vote. 2. 2022-7487Proclamation - Proclaiming the Week of January 9 - 15, 2023 as Clan MacDuff Week in Seminole County. (Chuck McGrew, President, Scottish American Society) Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt the Proclamation proclaiming the week of January 9 - 15, 2023, as Clan MacDuff Week in Seminole County. The motion carried by a unanimous vote. 3. 2022-7250Presentation - Bike/Walk Central Florida Annual Update (Emily Hanna, Executive Director, Bike/Walk Central Florida) Ms. Hanna addressed the Board and gave the Bike/Walk Central Florida Annual Update Presentation followed by Board discussion, comments, and questions. 4. 2022-7486Presentation - County Manager Recruitment Update (Renee, Narloch, Narloch and Associates) Interim County Manager Bryant Applegate introduced Ms. Narloch who provided the County Manager Recruitment Update. Each Commissioner shared their comments regarding the presentation. It was confirmed all candidates meet the minimum requirements and are all in good standing. Motion by Commissioner Zembower, seconded by Commissioner Constantine, to accept the list of candidates as recommended and move forward with the scheduled interview process. The motion carried by a unanimous vote. Page 1 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 Motion by Commissioner Zembower, seconded by Vice Chairman Herr, to authorize the Interim County Manager to execute an Agreement with Seminole State College for a room rental (set-up cost is approximately $1,000 to be paid with the P-card); and allow the Interim County Manager to execute an Agreement with a catering company to provide light appetizers for the Open House event (approximately $2,500 to be paid with the P-card). The motion carried by a unanimous vote. CONSENT AGENDA – PUBLIC PARTICIPATION Mr. Applegate advised he is pulling Item 22, Interlocal Cost Share Agreement with Volusia County, from the agenda; and it will be brought back for consideration at the next meeting . With regard to public participation, no one spoke, and public input was closed. Motion by Commissioner Zembower, seconded by Vice Chairman Herr, to approve Consent Agenda Items 5-21 and 23; and Constitutional Officer's Item 24. The motion carried by a unanimous vote. County Manager’s Consent Agenda (Items No. 5 - 23) County Manager's Office 5. 2022-7474Approve and authorize the Chairman to execute the Memorandum of Agreement with Meals on Wheels Etc. for Disaster/Emergency Food Services - Countywide (Alan Harris, Chief Administrator Emergency Management) Community Services 6. 2022-7455Approve and authorize the Chairman to execute the Recovery Connections of Central Florida for ARPA Funding Agreement in the amount of $750,000 to provide recovery focused mental health and substance use disorder services. Countywide (Allison Thall, Community Services Director) 7. 2022-7483Adopt and authorize the Chairman to execute a Resolution amending certain fees set forth in Section 20.26 of the Seminole County Administrative Code pertaining to fees and charges for services provided by the Seminole County Health Department. Countywide (Allison Thall, Community Services Director) Resolution #2023-R-2 8. 2022-7470Approve and authorize the Chairman to execute the Aspire Health Partners Homelessness Partnership Agreement in the amount $154,970 to continue providing outreach, engagement and assessments while maintaining housing stability case management services for the Seminole County chronically homeless population. Countywide (Carrie Longsworth, Community Assistance, Division Manager) Page 2 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 9. 2022-7468Approve substantial amendments to the 2020-2024 Consolidated Plan and the FY 2022/2023 Annual Action Plan, authorize Chairman to execute all corresponding documents and signature pages, Standard Form-SF424 and SF-424D, all certification pages, Subrecipient Agreements, and subsequent Grant Agreements with HUD, and authorize Community Services Department staff to submit amendments to HUD for approval. Countywide (Carrie Longsworth, Community Assistance Division Manager) 10. 2022-7456Approve the Chairman to execute the Resolution authorizing the conveyance of county properties for the construction of affordable housing in Seminole County and execute the Donation Agreement with Habitat for Humanity of Seminole County and Greater Apopka, and subsequent Donation Agreements upon agency execution. District5 - Herr, District2- Zembower (Stacey Smithwick, Community Development, Division Manager) Resolution #2023-R-3 11. 2022-7469Approve and authorize the Chairman to execute the Affordable Housing Development Agreement between Seminole County and Florida Superior Properties Economic Community Services (Florida S.P.E.C.S) relating to American Rescue Plan Act (ARPA) funding and subsequent funding agreements. District5- Herr (Stacey Smithwick, Community Development, Division Manager) Development Services 12. 2022-7448Approve the plat for the Cadence Park Two Subdivision containing eighty-eight (88) lots on 27.05 acres zoned Planned Development, located approximately 1,700 feet south of the intersection of N Ronald Reagan Boulevard and Redpine Way; (Allen & Company, Applicant) District2 - Zembower (Joy Giles, Project Manager) Environmental Services 13. 2022-7478Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Conex Recycling Corporation effective from October 1, 2022 through September 30, 2023. Countywide (Oliver Bond, Solid Waste Division Manager) Leisure Services 14. 2022-7491Approve and authorize the Chairman to execute the Agreement for Services between Seminole County and the Fred R. Wilson Memorial Law Library. Countywide (Christine Patten, Library Services Division Manager) Page 3 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 Public Works 15. 2022-7241Approve and authorize the Chairman to execute the Second Amendment to Seminole County and Bike/Walk Central Florida, Inc. Grant Agreement for Fiscal Year 2022-2023. Countywide (Bill Wharton, Project Manager) 16. 2022-7367Approve and adopt a resolution authorizing the Chairman to execute a Subordination of County Drainage or Utility Interests conveying property (Parcel Nos. 104.3, 105.2, 110.5, 112.3, 115.2, 117.3, 120.3, 121.3, 122.3, 132.3, 123.2, 125.2, 133.3, 134.3) for the State Road 400 (I-4) Improvement Project. FDOT FP#242592-4. District4 - Lockhart (Jean Jreij, Public Works Director) Resolution #2023-R-4 17. 2022-7467Approve and authorize the Chairman to execute the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Sovereignty Submerged Lands Easement Renewal Number 00309 (4175-59) for the County Road 419 bridge over the Econlockhatchee River. District1 - Dallari and District2 - Zembower (Jean Jreij, Public Works Director) 18. 2022-7477Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel Nos. 126/826 for acquisition of property interests needed for the Orange Boulevard Improvement Project (5,796 ± SF & 1,681 ± SF respectively) between Judith Ann Weyers, f/k/a Judith Ann Biesboer and Seminole County for $180,000.00, as full settlement of all other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. District5 - Herr (Jean Jreij, Public Works Director) Resource Management 19. 2022-7458Approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #23-015 in the Emergency Shelter Grant Fund to recognize the grant budget from the U.S. Housing and Urban Development (HUD) Rapid Unsheltered Survivor Housing award in the ESG Program (RUSH) in the amount of $386,784 for grant assistance to address the needs of homeless individuals or families impacted by Hurricane Ian. Countywide (Timothy Jecks, Deputy CFO/Budget Division Manager) Requesting Department: Community Services Resolution #2023-R-5 20. 2022-7457Approve and authorize the Interim County Manager to execute an amendment to the Ernst & Young Consulting and Management Agreement to extend the term and revise the scope of services for an amount not to exceed $13,500 to allow County Staff to access reporting and audit data in the portal through September 30, 2023. Countywide (Timothy Jecks, Deputy CFO/Budget Division Manager) Page 4 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 21. 2022-7236Award RFP-604405-22/LNF - Term Contract for Property Acquisition to Edwin R. Barfield, LLC, Orlando, in the estimated annual amount of $800,000.00 and authorize Purchasing and Contracts Division to execute the agreement. Countywide (Diane Reed, Purchasing and Contracts Division Manager) Requesting Department/Division - Public Works/Engineering. 22. 2022-7422Approve Interlocal Cost Share Agreement between Seminole and Volusia County and award RFQ-604417-22/TLR - Paola Tower Modification to Kirms Communications LLC, Lake Park in the amount of $93,150, and authorize the Chairman to execute the Interlocal Agreement and; approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #23-018 in the General Fund to appropriate funding in the amount of $95,000 and; authorize the Purchasing and Contracts Division to issue the Purchase Order. District 5- Herr (Diane Reed, Purchasing and Contracts Division Manager) Requesting Department/Division - Emergency Management/Telecommunications This item was pulled from the agenda. 23. 2022-7443Award IFB-604457-22/TKH Term Contract for Seminole County FireFighter Bunker Gear Cleaning, Repairs, and Inspection to Fire-Dex GW LLC, Hudson, FL, for an estimated annual amount of $117,000.00 and authorize the Purchasing and Contracts Division to execute the Agreement. Countywide (Diane Reed, Purchasing and Contracts Manager). Requesting Department/Division: Fire Department/Fire/EMS Operations. Constitutional Officers – Consent Agenda Item 24 was approved with the Consent Agenda. 24. 2022-7485Expenditure Approval Lists dated November 22, 29, and December 13, 2022; Payroll Approval Lists dated November 23 and December 8, 2022; and the BCC Official Minutes dated October 25 and November 15, 2022. (Jenny Spencer, CPA, CGFO, and CFE, Director, Comptroller’s Office) Page 5 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 COUNTY MANAGER AND STAFF BRIEFINGS 25. 2022-7488Presentation - Legislative Priorities 2023 (Tricia Johnson, Deputy County Manager) Ms. Johnson addressed the Board to provide the Legislative Priorities 2023 presentation. Each Commissioner shared their suggestions and comments. At Ms. Johnson's request, Clerk Maloy discussed his court budget and how it relates to Article V. Ms. Johnson noted she would like the Board to consider adding that item to the monitor list. Discussion ensued regarding the Tentative Appropriations Requests listed in the presentation. Direction from the Board was for staff to focus on water quality projects relating to infrastructure, with Lake Jesup being a very important piece of the conversation, and for staff to stay focused. Commissioner Constantine noted for the record that he does not think they should have the public records exemption on the County's priority list. Grey Wilson and Katrina Shadix spoke in support. Public Comment Forms were received and filed. 26. 2022-7297Land Development Code Update - Staff briefing to re-review specific topics for proposed amendments to the Land Development Code as well as provide a full copy of the proposed amendments for the Board’s review and comment. (Rebecca Hammock, Development Services Director) Ms. Hammock; Jeff Hopper, Planning and Development; and Sara Hartung, Natural Resource Officer, addressed the Board to provide the LDC Update. Acting County Attorney Paul Chipok discussed the process to update the County's Land Development Code. Mr. Chipok advised the County Attorney's Office has been monitoring the language, and their job is to make sure the policy direction is within the four corners of the page. Regarding 'Accessory Structures' there was consensus of the Board for lot size by impervious area, and direct staff to provide the Board with more information after figuring out what the process is currently and whether or not they need to change the process in terms of the anecdotal comments that were made about this particular topic. As far as the 600-square-foot limitation by size or impervious area, the Board determined it needs to be some sort of hybrid. Regarding 'Kennels' there was consensus of the Board to eliminate the 501c3 exemption from the proposed definition, possibly add exemptions specifically for fostering, and they are not in favor of vesting. Regarding 'Wetlands as Open Space' the Board determined the item needs more work, and they would like more information from staff. Regarding 'Historic Trees' and 'Backyard Chickens' there was consensus of the Board to move forward as presented. Preston Bailey (did not indicate), Grey Wilson (in support), Katrina Shadix (did not indicate), Cindy Haller (did not indicate), Fred Milch (in support), and Joe Humphreys (in opposition) spoke to this item. Public Comment Forms were received and filed. COUNTY ATTORNEY BRIEFING No briefing. Page 6 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 Recess BCC Meeting Until 1:30 P.M. Due to the time, there was Board consensus to reconvene at 2:00 p.m. Reconvene Meeting at 1:30 P.M. The Board reconvened at 2:00 p.m. Public Hearing Agenda ACCEPT PROOFS OF PUBLICATION Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the proof of publication. The motion carried by a unanimous vote. PUBLIC HEARINGS - LEGISLATIVE 27. 2022-7440Omega Vision Investments Rezone - Consider a Rezone from RP (Residential Professional) to RP (Residential Professional) for a medical office on approximately 0.33 acre, located on the north side of State Road 434, 0.1 mile west of E. Lake Brantley Drive; (Z2022-32) (Christopher Pearson, Applicant) District3 - Constantine (Tyler Reed, Project Manager) Mr. Reed addressed the Board and presented the item. Applicant Christopher Pearson addressed the Board and stated he's available for any questions. With regard to public participation, no one spoke, and public input was closed. Motion by Commissioner Constantine, seconded by Vice Chairman Herr, to adopt Ordinance #2023-01 enacting a Rezone from RP (Residential Professional) to RP (Residential Professional) for a medical office on approximately 0.33 acre, located on the north side of State Road 434, 0.1 mile west of E. Lake Brantley Drive; Christopher Pearson, Applicant; as described in the proof of publication. The motion carried by a unanimous vote. COUNTY ATTORNEY'S REPORT Mr. Chipok advised the Yarborough PSP was looked at by the Planning and Zoning Commission, and two appeals have been filed. An appeal will be coming before the Board for a hearing in the near future to review the action taken by the Planning and Zoning Commission. He asked the Commissioners to keep discussion about the Yarborough property to a minimum. COUNTY MANAGER'S REPORT Mr. Applegate briefly discussed the selection process for a new County Manager. He noted staff is working on putting together material for whoever is selected so that they will be ready to hit the ground running. There was an inquiry regarding the contract for the County Manager, and Mr. Applegate advised he has provided Ms. Narloch with a draft contract for her comments based on her interviews that she has had with the candidates. He is waiting for her to return her comments; and when the time is appropriate, he will share the draft contract with the Board for individual comment. The contract will be ready to go when the time comes. Page 7 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 DISTRICT COMMISSIONER REPORTS 5, 1, 2, 3 and 4; Chairman’s District 5 Report Vice Chairman Herr discussed trees and utilities in the Alaqua Lakes neighborhood. She advised she received a request from the City of Sanford for a Letter of Support for the FDOT intermodal grant and is asking for the Board's authorization to sign the letter. It does not involve any additional financial issues with the County. Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve the Letter of Support as presented for the FDOT intermodal grant. The motion carried by a unanimous vote. She noted there is an advisory meeting regarding SR 417 to the Orlando Sanford Airport, and that is moving forward. She asked for Resolutions of appreciation for Michael Fratrik and Heather McCandless for their service on the Contractor Examiner Board. There were no objections. Motion by Vice Chairman Herr, seconded by Commissioner Zembower to adopt appropriate Resolution #2023-R-6 in appreciation of Michael Fratrik and appropriate Resolution #2023-R-7 in appreciation of Heather Candless for their service on the Contractor Examiner Board. The motion carried by a unanimous vote. Vice Chairman Herr provided a brief update on Rescue Outreach Mission. District 1 Report Commissioner Dallari discussed Kids House and the work Leadership Seminole did renovating the Hester House. He informed the Board of a meeting he attended in the Carillon subdivision regarding an issue with a crushed sanitary line. They will be closing portions of the road for replacement of the line, and the County has information regarding the project on its website. He noted events for MLK Day. Commissioner Dallari briefly discussed an opportunity to look at the consideration of exploring the acquisition of the Yarborough property. Mr. Chipok provided his opinion on the matter, and Mr. Applegate requested that there be no further discussion to avoid any due process arguments regarding the appeal . District 2 Report Motion by Commissioner Zembower, seconded by Commissioner Dallari, to appoint John Egger to a one-year term starting January 2023 on the Contractor Examiner Board. The motion carried by a unanimous vote. Page 8 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 Commissioner Zembower announced Law Enforcement Appreciation Day is this week and MLK events in his district. He discussed a Jacobs Engineering analysis regarding the Parkstone neighborhood water supply. Kim Ornberg, Environmental Services Director, addressed the Board and provided an update on the project. Bob Sibley, Parkstone HOA, spoke. Public Comment Form for Mr. Sibley was received and filed. Mr. Applegate confirmed that the Board would like staff to continue pursuing a final engineering report and moving forward with bringing that to the Board so they can make a decision whether or not to submit a letter of intent. Chairman Lockhart advised she would like an individual briefing from staff on this item before she gives direction, and Commissioner Herr agreed. Commissioner Zembower discussed a decision by Winter Springs to approve a moratorium based on drainage concerns in Winter Springs; and Winter Springs Mayor Kevin McCann, addressed the Board and provided more information. District 3 Report Commissioner Constantine reported on events he has recently attended. He discussed the first meeting of the National Opioid Solutions Leadership Network of the National Association of Counties and the Ritz Theater's 100-year anniversary. Motion by Commissioner Constantine, seconded by Commissioner Zembower, to reappoint Carissa Lawhun to the Planning and Zoning Commission. The motion carried by a unanimous vote. District 4 Report Motion by Chairman Lockhart, seconded by Commissioner Dallari, to appoint Harrel Morgan to the Parks and Preservation Committee to fulfill a seat of somebody who had already resigned. The motion carried by a unanimous vote. Chairman's Report Motion by Vice Chairman Herr, seconded by Commissioner Dallari, to appoint Mark Austin to the Sanford Aviation Noise Abatement Committee. The motion carried by a unanimous vote. Motion by Commissioner Dallari, seconded by Commissioner Zembower, to appoint Nina Yon and Kathleen Wells to the Committee on Aging for three-year terms. The motion carried by a unanimous vote. Motion by Commissioner Zembower, seconded by Commissioner Dallari, to reappoint Ana Scuteri and Dawn Garrison to the Committee on Aging. The motion carried by a unanimous vote. Page 9 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 Chairman Lockhart discussed attendance reports for boards and committees. There was Board consensus that there needs to be an attendance list for the boards and committees so the Board understands which appointees are attending their meetings and which are not so they can act accordingly. She discussed a meeting regarding the Sunshine Corridor and SunRail, the projected cost to the County ($12M based on percentage of track the County owns and ridership), and possible budget impacts. Mr. Chipok will give individual briefings to the Commissioners and then there will be a presentation before the Board. Chairman Lockhart noted the new calendar layout online. FUTURE AGENDA ITEMS - None Requested PUBLIC COMMENT (Items not Related to the Agenda) Mayor of Winter Springs, Kevin McCann, addressed the Board to discuss an item approved by the Planning and Zoning Commission regarding a storage unit in Winter Springs on Tuskawilla Road. Joe Humphreys addressed the Board and shared his comments regarding the upcoming County Manager selection. Kevin Cannon addressed the Board to discuss an item approved by the Planning and Zoning Commission regarding a storage unit in Winter Springs on Tuskawilla Road. Public Comment Forms were received and filed. Page 10 of 11 Board of County Commissioners Meeting Minutes January 10, 2023 ADJOURN BCC MEETING There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:30 p.m., this same date. APPROVED by the BCC: _____________________________ _____________________________ Chairman Date ATTEST: _____________________________ Clerk of Court and Comptroller AS Clerk to the BCC Page 11 of 11