Board of County Commissioners

Tuesday, September 10, 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 September 10, 2024 Page 1 of 1 Board of County Commissioners Meeting Minutes September 10, 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, and Deputy Clerk Kyla Farrell. II. INVOCATION & PLEDGE OF ALLEGIANCE Robert Bradley, Bread of Life Christian Church, Sanford, gave the Invocation and led the Pledge of Allegiance. III. CONSENT AGENDA – PUBLIC PARTICIPATION County Manager Darren Gray announced Agenda Items 6, Resolution vacating and abandoning two easements of the Opal Terrace subdivision, and 11, Innovation Methods Training and Resource Development Consulting agreement, are being pulled from the agenda. With regard to public participation, no one spoke and public input was closed. Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve the Constitutional Officer's Consent Agenda Item 1; and the County Manager's Consent Agenda Items 2 - 5, 7 - 10, and 12 - 13. Districts 1, 2, 3, 4, and 5 voted AYE. Constitutional Officers – Consent Agenda (Item No. 1) 1. 2024-1234Expenditure Approval Lists dated August 14 and 21, 2024; and Payroll Approval List dated August 15, 2024. (Jenny Spencer, CPA, MAcc, CGFO, and CFE, Director - Comptroller’s Office) County Manager’s Consent Agenda (Items No. 2 - 13) County Manager's Office 2. 2024-1257Approve and authorize the Chairman to execute a Proclamation proclaiming September 15 - October 15, 2024, Hispanic Heritage Month in Seminole County, FL. (Andrea Wesser-Brawner, Chief Strategy & Innovation Officer)..end 3. 2024-1258Approve and authorize the Chairman to execute a Proclamation proclaiming September 2024 as National Emergency Preparedness Month in Seminole County, FL. (Alan Harris, Emergency Management Director)..end Community Services 4. 2024-1169Approve and authorize the Chairman to execute the Homeless Services Network and Florida Department of Children and Families Emergency Page 1 of 9 Board of County Commissioners Meeting Minutes September 10, 2024 Solutions Grant Agreement in the amount of $104,016 for FY 2024-25 to continue serving homeless families in Seminole County. Countywide (Allison Thall, Community Services Director) Development Services 5. 2024-1128Approve and authorize the Chairman to execute a Resolution vacating and abandoning a portion of a platted drainage and utility easement on Lot 15 of the Forrest Creek Estates Subdivision, as recorded in Plat Book 32, Pages 53-54 of the Public Records of Seminole County, Florida, more particularly known as 4160 Aldergate Place, Winter Springs; (Mitchell & Amanda Feroglia, Applicants) District1 - Dallari (Rebecca Hammock, Development Services Director) Resolution #2024-R-95 6. 2024-1165Approve and authorize the Chairman to execute a Resolution vacating and abandoning two (2), seven (7) foot wide utility easements along the west side of Lot 6 and south twenty (22) feet of Lot 5 of the Opal Terrace Subdivision, as recorded in Plat Book 13, Page 38, of the Public Records of Seminole County, Florida, more particularly known as 574 Ruby Court, Maitland; (Roger Vega and Katherine Exposito, Applicants) District4 - Lockhart (Rebecca Hammock, Development Services Director) Pulled from the agenda. Management and Budget 7. 2024-1222Approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #24-075 in the 2014 Infrastructure Sales Tax Fund to transfer $103,040 of existing budget for the Transportation 2045 Master Plan update. Countywide (Timothy Jecks, Management & Budget Director) Requesting Department - Public Works BAR #24-075 Resolution #2024-R-96 8. 2024-1265Approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #24-076 in the Wekiva Golf Course Fund to transfer the net amount of $321,760 from reserves to allocate additional funding for renovations to the cart barn and irrigation projects and establish a Wekiva Golf Course family of projects. District3 - Constantine (Timothy Jecks, Management & Budget Director) Requesting Department - Parks and Recreation BAR #24-076 Resolution #2024-R-97 Public Works 9. 2024-1212Approve and authorize the Chairman to execute a Purchase Agreement related to Project Parcels No. 107 & 108 for property interests necessary for the Hillview Drive Drainage Improvement Project (8,221± SF) between The Pentecostal Church of God, Inc. and Seminole County for Page 2 of 9 Board of County Commissioners Meeting Minutes September 10, 2024 $89,060.00, as full settlement and any other claim for compensation from which Seminole County might be obligated to pay relating to the parcel. District3 - Constantine (Jean Jreij, P.E., Public Works Director) Resource Management 10. 2024-0719Approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act (CCNA), and authorize the Purchasing and Contracts Division to execute one (1) agreement for PS-5627-24/TAD - Engineering Services for Septic to Sewer Conversion Projects. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Utilities 11. 2024-0804Award RFP-604700-23/MHH - Innovation Methods Training and Resource Development Consulting to Creativity Effect, LLC, Orlando, in the amount of $96,000.00 and authorize the Purchasing and Contracts Division to execute the Agreement. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Office of Strategic Initiatives Pulled from the agenda. 12. 2024-1199Award CC-5944-24/RTB - Citizens Drop-Off Construction at Osceola Landfill to Atlantic Civil Constructors Corporation of Apopka, Fl., in the amount of $2,158,396.13, and authorize the Purchasing and Contracts Division to execute the Agreement; approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #24-074 in the Solid Waste Fund to transfer $1,008,761 from reserves. - District 2- Zembower. (Lorie Bailey-Brown, CFO/Resource Management Director) Requesting Department - Environmental Services BAR #24-074 Resolution #2024-R-98 13. 2024-1241Approve and authorize the Chairman to execute a grant agreement from the State of Florida, Division of Emergency Management in acceptance of $20,500 for the Emergency Management Accreditation Program grant to complete the program in FY25. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Emergency Management IV. REGULAR AGENDA 14. 2024-1019Greek Fest 2024 Special Event Permit - Consider a Special Event Permit for Greek Fest 2024 on November 1, 2024, through November 3, 2024, located at 1217 Trinity Woods Lane, Maitland; (Joyce Yarbrough, Applicant) District3 - Constantine (Mary Robinson, Project Manager) Ms. Robinson addressed the Board and presented the item as outlined in the agenda memorandum. Sophia Cordoba, on behalf of Ms. Yarbrough, addressed the Board and noted she Page 3 of 9 Board of County Commissioners Meeting Minutes September 10, 2024 would appreciate the Board's approval. With regard to public participation, no one spoke and public input was closed. Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve the Special Event Permit for Greek Fest 2024 on November 1, 2024, through November 3, 2024, located at 1217 Trinity Woods Lane, Maitland; Joyce Yarbrough, Applicant. Districts 1, 2, 3, 4, and 5 voted AYE. 15. 2024-1065Serb Fest Special Event Permit - Consider a Special Event Permit for Serb Fest on October 11, 2024 through October 13, 2024, located at 1990 Lake Emma Rd. (Bojan Spasujevic) District4 - Lockhart (Mary Robinson, Project Manager) Ms. Robinson addressed the Board and presented the item as outlined in the agenda memorandum. She noted she received a phone call from the applicant this morning, and there is an error on the application regarding time. This will be addressed in his public comments. She advised once approval is given on the item, if the Serb Fest is held again next year with no major changes, it will be approved administratively by staff. Chairman Zembower asked what staff would consider a major change. Neysa Borkert, Deputy County Attorney, answered it would be a capacity change like doubling attendance, carnival rides, alcohol sales, or if conditions that were put in place for the special event permit did not adequately protect the health, safety, and welfare of the public. Chairman Zembower asked if there is a tracking mechanism that is documented so the following year staff will be able to identify that or will they rely on memory. Mr. Gray answered they do a debriefing after the special event, and they review each special event application as they come through with senior staff. If there's anything that is out of line, it will be brought back to the Board. The debrief that they do is a document that gets brought up the following year for review through the Planning Department. Vice Chairman Herr confirmed with Ms. Borkert that adding days to the event would be considered a substantial change. Bojan Spasujevic, applicant, addressed the Board and discussed the special event that has historically been much smaller. He advised the hours will be Saturdays from 11:00 a.m. to 11:00 p.m. and Fridays they will be starting the event at 4:00 p.m. Commissioner Lockhart asked the applicant what the relationship has been like from the immediate neighbors, and Mr. Spasujevic answered it has been good. They have had complaints about noise, but they always have deputies in charge of complaints. She asked what the hours were in the past, and Mr. Spasujevic answered it was until 11:00 p.m. They shut the music off at 10:00 p.m., and it takes about an hour for people to clear out. Commissioner Lockhart requested that they add a condition for music to be shut off by 10:00 p.m., and Ms. Borkert noted they would do that. Ms. Borkert also verified that the hours of operation the applicant is requesting is Friday from 4:00 p.m. - 11:00 p.m., Saturday from 11:00 a.m. to 11:00 p.m., and Sunday from Page 4 of 9 Board of County Commissioners Meeting Minutes September 10, 2024 11:00 a.m. to 8:00 p.m. She also confirmed with Commissioner Lockhart she wanted the added condition of no amplified sound after 10:00 p.m. Commissioner Lockhart asked if this event could come back to the Board for next year's event since this is the first year of its size, and Mr. Gray said they could do that. With regard to public participation, no one spoke and public input was closed. Motion by Commissioner Lockhart, seconded by Vice Chairman Herr, to approve the Special Event Permit for Serb Fest on October 11, 2024, through October 13, 2024, located at 1990 Lake Emma Road, with the modified times as taken by the County Attorney's Office; subject to next year's special event permit coming back to the Board for approval; and the added amplified sound condition; Bojan Spasujevic, Applicant. Districts 1, 2, 3, 4, and 5 voted AYE. 15 A. 2024-1298Electronic Public Notices Update. Countywide (Meloney Koontz, Assistant County Manager) Ms. Koontz addressed the Board and presented the item as outlined in the agenda backup. Commissioner Lockhart asked if staff has talked to the other cities and the School Board to gage their interest. Ms. Koontz answered she did a year ago. She spoke with the School Board this morning; and luckily for them, there has been some new legislation so they no longer have to advertise in the paper. However, they still would be interested for their budget because they do still have to advertise certain documents. The City of Sanford was interested in the past. If they did decide to go this route, they should get the County up and running to see how it works; and then staff could bring it forward to the Board to open it up to other entities. With regard to public participation, no one spoke, and public input was closed. Commissioner Constantine asked if staff has looked to see what other counties are spending. Ms. Koontz answered they did, and it was zero. Vice Chairman Herr asked what the software costs, and Ms. Koontz answered she doesn't know exactly because it is based on how many ads they would be placing; but she has a rough quote of $5,000 a month. Discussion ensued, and the Commissioners shared their feedback. There was general consensus to direct staff to move forward in developing a scope and seeking quotes for hosting and administering electronic public notices. Chairman Zembower confirmed with Mr. Gray that he has the direction staff needs. V. WORKSESSION 16. 2024-1259Utilities Master Plan (Johnny Edwards, Interim Utilities Director) Mr. Edwards and Steve Riley, Jacobs Engineering, addressed the Board and presented the Utilities Master Plan worksession as outlined in the agenda backup. The Commissioners shared their comments and suggestions. Mr. Gray stated this is one of the top three priorities that this Board has had. Staff has looked at it for the last six months in-house, and he knows they have the right team Page 5 of 9 Board of County Commissioners Meeting Minutes September 10, 2024 together. Through a series of worksessions, the intent is then to come up with the Five-Year Utility Master Plan that the Board feels is the direction it wants to move in. He asked the Board to please continue providing input as staff follows up with the Commissioners throughout the year. Recess BCC Meeting Until 1:30 P.M. Chairman Zembower recessed the meeting at 10:33 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 who were present at the opening session. VI. PUBLIC HEARING AGENDA Accept Proofs of Publication Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the filing of the proof 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 Districts 2, 3, 4, and 5 submitted their ex parte communication (received and filed). Public Hearings - Quasi - Judicial 17. 2024-1125Board of Adjustment Appeal - Appeal of the Board of Adjustment decision approving a request for a fence height variance from six and one-half (6½) feet to eight (8) feet in the R-1 (Single Family Dwelling) district; more particularly known as 10032 Bear Lake Road; (Paul Askew, Appellant) District3 - Constantine (Angi Gates, Planner) Ms. Gates addressed the Board and presented the item as outlined in the agenda memorandum. Appellant Paul Askew addressed the Board and explained why he is appealing the BOA's decision. He submitted documents in support of his appeal (received and filed). He advised he is willing to compromise with an eight-foot fence from the front of the property to the rear of his home, and then from the rear of his home down to the lake, the fence would be per code. With regard to participation, Cheryl White and Amy Wheeler spoke in opposition to the request. No one else spoke, and public input was closed. Public Comment Forms were received and filed. Mr. Askew provided a brief rebuttal to public comments. There were few Board questions for staff. Page 6 of 9 Board of County Commissioners Meeting Minutes September 10, 2024 Motion by Commissioner Constantine, seconded by Vice Chairman Herr, to accept Mr. Askew's compromise of an eight-foot-fence-height variance from the rear-building lot line of the main residence moving forward and away from the lake. Under discussion, Commissioner Lockhart stated she appreciates the fact that Commissioner Constantine is trying to find a compromise, but she can't support it and explained why. Commissioner Dallari asked how far down the retaining wall goes. Ms. Gates answered it doesn't say on the survey that was submitted. Discussion ensued regarding the view of the lake, retaining wall, and difference in elevation. Districts 2, 3, and 5 voted AYE. Districts 1 and 4 voted NAY. Motion passes 3 to 2. Ms. Borkert advised there were no dimensions on Mr. Askew's picture that he submitted with the requested compromise that was just approved. So she understood the motion to be that the eight-foot wall can only proceed to the edge of the building line for the neighboring property to the south, which is Mr. Askew's house. Chairman Zembower confirmed that was his understanding, and confirmed with Commissioner Constantine that that was the intent of his motion. Ms. Borkert noted they don't have an exact measurement for it because there are no numbers on the submitted document, so staff will have to determine where that is located. Ms. Hammock advised what will occur is Ms. Wheeler will be able to have a 4-foot-tall fence within the 30-foot setback from the normal high-water elevation, then she would be able to have a 6 1/2-foot fence from there to the building line, and then 8-foot forward up to the setback of the front of the property line. VII. COUNTY ATTORNEY'S REPORT Ms. Latorre announced the passing of former Deputy County Attorney Paul Chipok. IIX. COUNTY MANAGER'S REPORT AND STAFF PRESENTATIONS Mr. Gray announced Animal Services will have an independent review by an outside firm with no input from staff including Human Resources, the County Manager's Office, or the County Attorney's Office. He will then review the report and discuss it with the Board. Vice Chairman Herr clarified the intention is that there will be a confidential, individual, interview of the entire Animal Services team. She added when they are doing a review like this in an organization of this size, she would like the response to be twofold. The first is Animal Services, but the second is whether or not there are other broader systemic issues that are identified that could be touching multiple departments in the organization or gaps in terms of processes that need to be implemented for things that touch multiple departments and that those things be called out as well. Mr. Gray confirmed with the Board that the report will be distributed to their offices as soon as it's submitted to his office. Page 7 of 9 Board of County Commissioners Meeting Minutes September 10, 2024 IX. DISTRICT COMMISSIONER REPORTS District 1 - Commissioner Dallari Commissioner Dallari reported on past and future events and meetings. District 3 - Commissioner Constantine Commissioner Constantine announced recent events and meetings he's attended and upcoming events. District 4 - Commissioner Lockhart Commissioner Lockhart reported on the possibility of a SunRail service expansion in the future and recent and upcoming meetings and events. District 5 - Commissioner Herr Vice Chairman Herr discussed meetings and events she's recently attended and requested a Proclamation for Lake Mary Little League players and coaches for winning the 2024 Little League World Series. Vice Chairman Herr advised she would like to see the County take their pharmacy benefit management services out to bid this next year. It does not mean they need to change benefits, and it does not mean that they need to change networks. There's a recent court case that provides a reason for doing further due diligence because it's not been looked at for years and years, so they probably need to do that. It would be very prudent for the BCC to direct staff to have the consultant take that out to market. She's also expressed that desire for the Sheriff's Office as well. It can have a positive budget impact to both organizations without negatively impacting the employees, and it is a recurring positive budget impact. District 2 - Chairman Zembower Chairman Zembower announced recent and upcoming events and meetings. X. CHAIRMAN'S REPORT Chairman Zembower reminded the Board and public that tomorrow is the County's first budget public hearing. The Chairman provided a brief history regarding the contract for the Medical Examiner's Office. He advised they are at a point where staff needs direction. They've been presented with a contract that includes a building in Marion County that has no prop share calculations, no real cost analysis, and basically gives all of the decision-making powers to Marion County and none of the other partners. They would bid it, build it, fund it; and then they would prop share to Seminole County as part of that. As a development of that, the Chairman has reached out to FDLE, and they are working through the process. A partner in Lake County has shown interest in joining District 24, which would ultimately take a signature by the Governor to happen; but that process and discussion is underway and occurring. It's at a point where they need to give direction to staff whether they desire to continue down that path or stay where they're at. Ultimately, they're not sure where it'll all end up because it has to go through the whole process. His opinion is that it is the best course to at least continue exploring Lake and Seminole joining as District 24. He asked for Board input and discussion ensued. Page 8 of 9 Board of County Commissioners Meeting Minutes September 10, 2024 There was consensus to continue to work with staff as things develop and change. Mr. Gray advised he will set up individual meetings to go over the different proposals. XI. PUBLIC COMMENT (Items not Related to the Agenda) Dennis Schoeppner addressed the Board regarding election violations and requested the cover letter of election violations submitted to the Supervisor of Elections for investigation and remedy. Ms. Latorre advised she will send him his requested information. Related discussion ensued. Public Comment Form was received and filed. XII. ADJOURN BCC MEETING There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:52 p.m., this same date. APPROVED by the BCC: _____________________________ _____________________________ Chairman Date ATTEST: _____________________________ Clerk of Court and Comptroller AS Clerk to the BCC Page 9 of 9