Board of County Commissioners

Tuesday, February 13, 2024 1:30 PM 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 February 13, 2024 Page 1 of 1 Board of County Commissioners Meeting Minutes February 13, 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 & Comptroller Grant Maloy, and Deputy Clerk Kyla Farrell. II. INVOCATION & PLEDGE OF ALLEGIANCE Robert Bradley, Bread of Life Christian Church, Sanford, gave the invocation. Deputy County Manager Tricia Johnson led the Pledge of Allegiance. III. AWARDS, PRESENTATIONS AND PROCLAMATIONS 1. 2023-1495Presentation - Economic Outlook/Update (Sean Snaith, UCF, Director of Institute for Economic Forecasting) Tim Jecks, Director, Office of Management and Budget, addressed the Board and introduced Mr. Snaith who presented the update. There were few Board comments and questions. IV. CONSENT AGENDA – PUBLIC PARTICIPATION Darren Gray, County Manager, announced the following items have been pulled from the agenda: 12, Second Amendment to Gun Range Lease Agreement; 14, Budget Amendment Request for Oxford Road Gravity Main and Water Sampling/Treatment; and 20, Grant Application for Florida Department of Children and Families Reinvestment Grant FY 2024. Mary Baker spoke in opposition to Agenda Item 5, Determination of Unoccupied Structure and Pool Located at 120 S. Crystal View, Sanford. Louis Martinez spoke in support of the item. Public Comment Forms were received and filed. Commissioner Lockhart requested Agenda Item 5 be pulled for a separate discussion/vote. Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve Constitutional Officer's Consent Agenda Item 2; and County Manager's Consent Agenda Items 3 - 26 with the exception of Items 5, 12, 14, and 20. Districts 1, 2, 3, 4, and 5 voted AYE. Constitutional Officers – Consent Agenda (Item No. 2) 2. 2024-0062Approve Expenditure Approval Lists dated January 10, 17, and 24, 2024; Payroll Approval Lists dated January 18, 2024; and BCC Official Minutes dated December 12, 2023. Page 1 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 County Manager’s Consent Agenda (Items No. 3-26) Community Services 3. 2024-0061Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program First Amendment to the Developer Agreement and the Restated Subordination Agreement with Monroe Place, LLC, for the development of an 80-unit affordable multi-family rental development for persons 55 years of age or older. Countywide (Stacey Smithwick, Community Development Division Manager) Development Services 4. 2023-1471Approve and authorize the Chairman to execute a Resolution vacating and abandoning the 25 foot bridle path easement in Sections 4 through 7 of the Spring Valley Farms Subdivision, as recorded in the Public Records of Seminole County, Florida in Plat Book 14, Pages 84-85, Plat Book 15, Pages 9 and 20; (Seminole County, Applicant on behalf of petitioners Colleen and Kevin Bano) District 3 - Constantine (Maya Athanas, Project Manager) Resolution #2024-R-10 5. 2024-0050Issue a determination that the unoccupied structure and pool located at 120 S. Crystal View, Sanford, is a Public Nuisance and authorize the Building Official to: (1) serve notice of this determination pursuant to Sections 168.5 and 168.6, Seminole County Code; and (2) set a date of April 9, 2024 for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code. District4-Lockhart (Liz Parkhurst, Project Manager) Pulled for a separate discussion/vote. Environmental Services 6. 2024-0016Approve and authorize the Chairman to execute a new Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Pro of Florida, Inc. 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 (Oliver Bond, Solid Waste Division Manager) 7. 2024-0018Approve and authorize the Chairman to execute a new Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Republic Services of Florida, LP 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 (Oliver Bond, Solid Waste Division Manager) 8. 2024-0076Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Randy Suggs Inc. effective from October 1, 2023 through September 30, 2024. Countywide, (Oliver Bond, Solid Page 2 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 Waste Division Manager) 9. 2024-0006Approve a proposed demonstration garden that transitions a traditional Bahia grass area to a sustainable landscaped area as part of the Lake Lily Sustainable Landscape and Shoreline Demonstration Project at a cost of $40,000. District4 - Lockhart (Shannon Wetzel, Watershed Manager) Fleet and Facilities 10. 2023-1428Approve and authorize the Chairman to execute the Second Amendment to Reflections of Hidden Lake Utilities Department Lease which extends the agreement through April 30, 2025 with no renewal options. The annual increase is $5,415.84 for a total of $185,312.04. District5 - Herr (Chad Wilsky, Fleet and Facilities Director) 11. 2024-0039Approve and authorize the Chairman to execute the Fourth Renewal and Tenth Amendment of the Seminole County Health Department Lease which renews the agreement through February 28, 2025 with two (2) remaining renewal options of one (1) year each. The annual increase is $1,733.76 for a total of $59,010.00. District4 - Lockhart (Chad Wilsky, Fleet and Facilities Director) 12. 2024-0071Approve and authorize the Chairman to execute the Second Amendment to the Gun Range Lease Agreement. Rent remains at $120.00 per year with maturity date of April 30, 2024 and automatic renewal terms of five (5) years each, thereafter. District2 - Zembower (Chad Wilsky, Fleet and Facilities Director) Pulled from the Agenda. Management and Budget 13. 2024-0019Approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #24-024 in the General Fund to transfer $13,200.00 of existing operating budget for the capital purchase of a commercial washer for Animal Services. Countywide (Timothy Jecks, Management and Budget Director) Requesting Department - Emergency Management Resolution #2024-R-11 14. 2024-0067Approve and authorize the Chairman to execute a Resolution implementing the Budget Amendment Request (BAR) #24-026 in the Water and Sewer Funds in the net amount of $2,290,000 to increase existing capital projects and operating budgets; primarily related to the Oxford Rd Gravity Main and water sampling/treatment. Countywide (Timothy Jecks, Management and Budget Director) Pulled from the Agenda. Page 3 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 Parks and Recreation 15. 2024-0068Approve and authorize the Chairman to execute the Facilities Use Agreement between Seminole County and Flock Fitness, LLC to provide recreational fitness programs to Seminole County residents. District1-Dallari (Amanda Salazar, Parks and Recreation Division Manager) Public Works 16. 2024-0011Approve and authorize the Chairman to execute the Resolution and the Locally Funded Agreement Between the State of Florida Department of Transportation and Seminole County for the traffic signal upgrade from strain pole to painted mast arm at one intersection and painted mast arms at two intersections, State Road 46 (from east of County Road 15 / Upsala Road to French Avenue). Seminole County’s contribution amount for improvements will be $194,095.00 (One Hundred Ninety-Four Thousand Ninety-Five Dollars and No/100). District5-Herr (Jean Jreij, P.E., Public Works Director) Resolution #2024-R-12 17. 2024-0066Approve and authorize the Chairman to execute an Agreement between Seminole County and Duke Energy Corporation for the Oxford Road Improvements Project at a cost of $50,000. District4-Lockhart (Jean Jreij, P.E., Public Works Director) 18. 2024-0070Approve and authorize the Chairman to execute an Interlocal Agreement for the Raven Avenue Outfall Project for design and permitting services between Seminole County and the City of Longwood and approve and authorize the Chairman to execute a Resolution implementing a Budget Amendment Request (BAR) #24-027 in the General Fund to transfer $39,600 from reserves. District4 - Lockhart (Jean Jreij, P.E., Public Works Director) Resolution #2024-R-13 19. 2024-0095Approve and authorize the Chairman to execute Purchase Agreements related to drainage easements needed from multiple property owners for the Midway Drainage Improvement Project between Seminole County and the property owners identified and for the amounts shown on the attached Exhibit “A”. District5 - Herr (Jean Jreij, P.E., Public Works Director) Resource Management 20. 2023-1496Request Board approval to submit a grant application to the Florida Department of Children and Families Reinvestment Grant FY 2024 requesting up to $1,200,000 to support Re-Entry Services for frequently arrested citizens that have an underlying mental health and/or substance abuse issue; as well as the Sherriff’s Juvenile SNAP Program; and authorize the County Manager to execute the grant application and supporting documents as required, including contract and BAR, if Page 4 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 awarded. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Pulled from the Agenda. 21. 2023-1497Approve ranking and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act, and authorize the Purchasing and Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-5339-23/RTB - Scrub Jay Management at Yankee Lake Water Reclamation Facility. Countywide (Lorie Bailey Brown, CFO/Resource Management Director/Interim Purchasing Division Manager) Requesting Department - Utilities 22. 2023-1498Approve and authorize the Chairman to execute a Sub Award and Grant Agreement with the State of Florida Division of Emergency Management State Homeland Security Grant Program (SHSGP) in acceptance of $43,281 for the purchase and maintenance of HAZMAT materials for the Fire Department; and to execute a Resolution implementing the Budget Amendment Request (BAR) #24-023 through the Fire Grants (Federal) Grant Fund in the amount of $43,281 to appropriate budget; and authorize the County Manager or designee to execute all documents associated with the grant described in this memo. Countywide (Timothy Jecks, Management & Budget Director) Requesting Department - Fire Resolution #2024-R-14 23. 2023-1518Award CC-5450-23/HSM-Wekiva Golf Course Irrigation System to SSS Down To Earth OPCO, LLC in the amount of $2,758,800.96 and authorize the Purchasing and Contracts Division to execute the Agreement. District3 - Constantine (Lorie Bailey Brown, Interim Purchasing and Contracts Division Manager) Requesting Department - Parks and Recreation 24. 2024-0037Approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #24-025 in the Leisure Services Grant Fund to appropriate budget for the Spring Hammock Water Conservation Grant in the amount of $1,000,000, and to transfer from Natural Land Project Reserves in the amount of $511,157.67 to cover the grant match requirement for the grant award. Countywide (Timothy Jecks, Management & Budget Director) Requesting Department - Parks & Recreation Resolution #2024-R-15 25. 2024-0010Approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiations Act (CCNA), and authorize the Purchasing and Contracts Division to execute one (1) agreement for PS-5342-23/MAG - Master Services Agreement (MSA) for CEI Services for Midway Drainage Basin Improvements. Estimated Term Usage: $2,300,000.00 Countywide (Lorie Bailey Brown, Interim Purchasing and Contracts Division Manager) Page 5 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 Requesting Department - Public Works Utilities 26. 2024-0035Approve and authorize the Chairman to execute the First Amendment to the Memorandum of Understanding (MOU) with JES Consulting Property 5, LLC increasing the total cost by $35,906.32 to $167,906.32. District5 - Herr (Bill White, Utilities Engineering Manager) Item Pulled for Separate Discussion/Vote 5 2024-0050Issue a determination that the unoccupied structure and pool located at 120 S. Crystal View, Sanford, is a Public Nuisance and authorize the Building Official to: (1) serve notice of this determination pursuant to Sections 168.5 and 168.6, Seminole County Code; and (2) set a date of April 9, 2024 for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code. District4-Lockhart (Liz Parkhurst, Project Manager) Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to issue a determination that the unoccupied structure and pool located at 120 S. Crystal View, Sanford, is a Public Nuisance; and authorize the Building Official to: (1) serve notice of this determination pursuant to Sections 168.5 and 168.6, Seminole County Code; and (2) set a date of April 9, 2024, for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code. Districts 1, 2, 3, 4, and 5 voted AYE. V. REGULAR AGENDA 27. 2024-0088Naming of the Ed Yarborough Nature Center - Consider a proposal to include Imogene Yarborough in the name of the Ed Yarborough Nature Center, located at 3465 N. CR 426, Geneva. Countywide (Meloney Koontz, Assistant County Manager) Ms. Koontz addressed the Board and presented the item as outlined in the agenda memorandum. With regard to public participation, no one spoke, and public input was closed. Motion by Vice Chairman Herr, seconded by Commissioner Dallari, to approve the proposal for renaming Seminole County asset located at 3465 N CR 426, Geneva, from the Ed Yarborough Nature Center to the Ed and Imogene Yarborough Nature Center; and replace signage when weathered or requiring updates. Districts 1, 2, 3, 4, and 5 voted AYE. VI. WORKSESSION 28. 2024-0077Website Redesign (James Garoutsos, Chief Information Officer, Chris Patton, Director of Communications, and Interpersonal Frequency) Mr. Garoutsos addressed the Board and introduced Kristy Kenneth, Interpersonal Page 6 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 Frequency, who reviewed the presentation included in the agenda backup. There were few Board questions and comments. There was consensus of the Board to move forward to the next steps. VII. COUNTY ATTORNEY'S REPORT No report. IIX. COUNTY MANAGER'S REPORT AND STAFF PRESENTATIONS No report. IX. DISTRICT COMMISSIONER REPORTS District 3 - Commissioner Constantine Commissioner Constantine reported on recent and future events including the Seminole County Business Expo, Rolling Hills public meetings, FDOT meeting and MPO Alliance meeting regarding I-4 truck parking, Seminole County Fire Department's award ceremony, Wekiva Parkway grand opening, Seminole State College Law Enforcement Academy's graduation, CALNO meeting about the Casselberry police station, and East Central Florida Regional Planning Council's Diamond Awards. He discussed the Live Local Act and expressed he is very concerned about it. Right now, the Legislature is saying they aren't going to change that; so that's not good news. District 4 - Commissioner Lockhart 28. A 2024-0119Board Appointments Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to appoint Mike Synan to the Code Enforcement Board fulfilling a term beginning January 2023 through December 31, 2025. Districts 1, 2, 3, 4, and 5 voted AYE. Commissioner Lockhart discussed her tour of the Central Florida Zoo and Botanical Gardens and noted their interest in partnering with the County's Master Gardener Program . She reported on the Homelessness Commission, and talked about potential legislation regarding a requirement for local governments to not permit or allow sleeping on public property. She has asked staff and their lobbyists to keep an eye on it. There was Board discussion. Chairman Zembower asked Tricia Johnson, Deputy County Manager, to reach out to Ronald Book, lobbyist, to find out what his thought process is regarding this legislation. The Chairman noted it may be a good idea for the Commissioners to all reach out to Mr. Book. Commissioner Lockhart continued her report and discussed the Adult Literacy League . She talked about the Central Florida Commuter Rail Commission and the Citizen Advisory Committee and advised she was asked to appoint a new person to the CAC, but it's not something that is on the County's list of appointments. The Commissioner requested they look at that appointment and see what the genesis is of that and the appropriate way to move forward. Discussion ensued. Page 7 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 Commissioner Lockhart reported on the Canvassing Board, State of the County, and concern regarding flooding in the Eastbrook community. She brought up Code Enforcement reporting issues and discussion ensued. District 5 - Commissioner Herr Vice Chairman Herr discussed the first Midway Drainage Improvement Project community meeting. She reported on recent events and provided a CFX update. 28. B 2024-0128Board Appointments Motion by Vice Chairman Herr, seconded by Commissioner Dallari, to appoint Yolanda McGee to the Agriculture Advisory Board for a term beginning January 2023 through December 31, 2024. Districts 1, 2, 3, 4, and 5 voted AYE. District 1 - Commissioner Dallari Commissioner Dallari reported on recent events including a meeting with Secretary Harris, Department of Children and Families, regarding Embrace Families. District 2 - Chairman Zembower Chairman Zembower reminded that the BCC purchased the Rosenwald School in East Altamonte Springs with the intent of doing something with the historic location that would benefit the community. He announced the Historic Oviedo Colored Schools Museum is presenting a special screening of the Rosenwald documentary at the Oviedo Cinema. It is put on courtesy of the National Center for Jewish Films in association with Okahumpka Community Club. The Chairman reported on recent events. Regarding P-PAC, he advised Ms. Pasha Baker is stepping down from the board, so he will be looking for a replacement and naming one probably at the next meeting. X. CHAIRMAN'S REPORT Chairman Zembower confirmed with the Board that the Commissioners have been briefed by Ms. Koontz regarding placing proclamations and resolutions on the consent agenda . Motion by Commissioner Lockhart, seconded by Vice Chairman Herr, to adopt the process that is being recommended by the County Manager’s Office to place proclamations on the Consent Agenda. Under discussion, Chairman Zembower noted with the exception of veterans; and Commissioner Constantine pointed out that is its own process. Districts 1, 2, 3, 4, and 5 voted AYE. The Chairman reported the MPO Citizen's Advisory Board County appointment, Patricia Massot, is stepping down. This will be a Chairman's appointment, and he has a candidate that he will verify will be able to serve and bring that back for approval. Page 8 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 Chairman Zembower brought up the Oviedo CRA. Ms. Koontz briefly discussed Oviedo CRA appointments. This will be something that goes through the Chairman's Office, and staff will send an appointment letter to the Oviedo Clerk so that they're aware. Chairman Zembower stated he thinks it should be a Board appointment to a CRA. So his suggestion would be to take recommendations or nominees from the District Commissioner if that is the process they should follow. Commissioner Dallari agreed. Motion by Commissioner Dallari, seconded by Chairman Zembower, to reappoint David Axel and Tim Slattery for a four-year term, from 2024 through 2028. Districts 1, 2, 3, 4, and 5 voted AYE. The Chairman announced he has been cleared and has done his due diligence through the County Attorney's Office to serve on the Canvassing board. Once Commissioner Lockhart is off, he will be the representative for the BCC. He discussed the upcoming Retreat scheduled for April 1, and asked the Commissioners to review the key strategic priorities document (received and filed) he provided to them so they don't' have to rehash all of it during the meeting. Chairman Zembower advised the truck stops are fully funded, and noted Representative Cory Mills weighed in on getting federal dollars to get it done. Commissioner Dallari requested the Chairman send Representative Mills a letter of appreciation. Chairman Zembower noted at a recent Winter Springs community meeting, the topic of failing fire hydrants came up. The evidence that was put on by the City Engineer is that the fire hydrants have not been flushed or serviced in at least three-to-five years, and he has a concern with that. He would like staff to engage with Winter Springs to make sure they have the capability of receiving firefighting services should they need a fire hydrant. The County is the oversight body of ensuring compliance with operating fire hydrants; they don't take care of them, but they have the authority to make sure that they are taken care of as the governing entity. Commissioner Lockhart noted the County has consolidated Fire with that municipality. She would like a briefing from the County Attorney's Office on exactly which areas the County has oversight regarding any municipality. Chairman Zembower asked for that information from the County Attorney's Office to be circulated to all of the Commissioners. Communications and/or Reports 1. Letter dated January 18, 2024, from Traci Houchin, Sanford City Clerk, to BCC re: Notice of Public Hearing to consider City Ordinance #2024-4765 to annex 5.95 acres between W. Lake Mary Blvd. and Lake Minnie and between Orlando Drive and Lakeside Drive. 2. Letter dated January 10, 2024, from Jason S. Loschiavo, Director of Finance and Administration, MetroPlan Orlando, to BCC Chairman Jay Zembower re: draft amendment to the Interlocal Agreement creating the Orlando Urban Area Metropolitan Planning Organization d/b/a MetroPlan Orlando granting Orange County, Florida an additional representative as a voting member. 3. Letter (undated) from BCC Chairman Jay Zembower to Alaska McInnis, Director of National Grants Program, National Trust for Historic Preservation, re: Support for the African American Cultural Heritage Action Fund Grant application to complete the restoration and enhancement of the Historic Hopper Academy in Sanford. 4. Letter dated January 22, 2024, from Hunter McFerrin, Planner, Casselberry Community Page 9 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 Development, to Commissioner Amy Lockhart re: Voluntary Annexation of Parcel #28-21-30-300-0280-0000 into the city limits of Casselberry. cc: Darren Gray, County Manager; Rebecca Hammock, Development Services Director; and Randy Newlon, Casselberry City Manager. 5. Letter dated December 18, 2023, from Donna Gardner, Casselberry City Clerk, to BCC Chairman Jay Zembower, re: Adopted Ordinance #23-1585 which annexes 4.85 acres of vacant property located east of David Drive (unimproved right-of-way). 6. Letter dated December 18, 2023, from Donna Gardner, Casselberry City Clerk, to BCC Chairman Jay Zembower, re: Adopted Ordinance #23-1589 which annexes 0.82 acres located south of Howell Branch Road and SR 436. 7. Letter dated January 31, 2024, from BCC Chairman Jay Zembower to U.S. Senator Rick Scott re: Appreciation for his assistance in securing reimbursement for Medical Examiner Services performed on federal inmates/Coleman Federal Prison. 8. Letter dated January 30, 2024, from BCC Chairman Jay Zembower to Florida Governor Ron DeSantis re: The work in connection with the Broadband Opportunity Program funding awarded to Seminole County in February of 2023 to provide the residents of Geneva and Black Hammock fiber optic cable for broadband service has not been started, and request for assistance in moving the contract process along. 9. Letter dated January 23, 2024 from BCC Chairman Jay Zembower to Orange County Mayor Jerry Demings and District Commissioners in Districts #1 thru #6 re: Lake Pickett North, Sustanee FLU Map Amendment, Transmittal to the Orange County Comprehensive Plan requesting consideration for concerns in connection with the timing of fire station construction, stormwater management, and transportation impacts. cc via email to Orange County personnel including the County Administrator, Deputy County Administrator, PEDS Department Director, and Planning Division Manager; and Seminole County personnel including the County Manager, Deputy County Manager, Assistant County Manager, County Attorney, and Development Services Director; and COO of Columnar Holdings, LLC, Sean Froelich. XI. PUBLIC COMMENT (Items not Related to the Agenda) None. 29. 2024-0079Chairman’s Appointments County Manager Darren Gray pointed out some Chairman appointments that were on the agenda. Chairman Zembower announced he has some appointments that he will make at the next meeting because there's a couple he needs to add for a full roster before he brings them to the Board. Page 10 of 11 Board of County Commissioners Meeting Minutes February 13, 2024 XII. ADJOURN BCC MEETING There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:54 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