Board of County Commissioners

Tuesday, February 25, 2025 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 February 25, 2025 Page 1 of 1 Board of County Commissioners Meeting Minutes February 25, 2025 I. CALL TO ORDER Chairman Jay Zembower Vice Chairman Andria Herr Commissioner Lee Constantine Commissioner Amy Lockhart Present: Commissioner Bob DallariAbsent: Additional Attendees: County Attorney Kate Latorre, County Manager Darren Gray, and Deputy Clerks Chariti Guevara and Terri Porter. II. INVOCATION & PLEDGE OF ALLEGIANCE Ron Williams, Palmetto Ave Baptist Church, gave the invocation; and Joe Alcala, Seminole County Chief Information Officer, led the Pledge of Allegiance. III. AWARDS, PRESENTATIONS AND PROCLAMATIONS 1. 2025-086Proclamation proclaiming Senior Master Sergeant Kathryn Lee-Hunt, United States Air Force as Seminole County’s February Veteran of the Month. (Senior Master Sergeant Kathryn Lee-Hunt, United States Air Force) Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to adopt a Proclamation proclaiming Senior Master Sergeant Kathryn Lee-Hunt, United States Air Force as Seminole County's February Veteran of the Month. Districts 2, 3, 4, and 5 voted AYE. 2. 2025-144County Investment Advisor Report (Scott McIntyre, CFA - Senior Portfolio Manager, Managing Director Hilltop Securities Asset Management) Mr. McIntyre addressed the Board and presented the Investment Advisor Report as outlined in the agenda backup. Motion by Commissioner Lockhart, seconded by Vice Chairman Herr, to approve the implementation of the purchase recommendations of the Board's Financial Advisor based upon the report submitted today and recommend the Clerk implement said Board recommendations. Districts 2, 3, 4, and 5 voted AYE. 3. 2025-130Presentation - Destination Marketing Accreditation Program (DMAP) Distinction AND Tourism Update. (Gui Cunha, Director of Economic Development and Tourism, and Jack Wert, FCDME)..end Mr. Cunha addressed the Board and explained why the Tourism Office pursued the Destination Marketing Accreditation Program (DMAP). One of the concerns the hoteliers had was if they are looking at an extended term that could possibly go into decades, how could they ensure the same quality they are receiving now from the Tourism Office. The Tourism team decided to pursue the most difficult Tourism accreditation possible to attain, which has to be renewed every five years. DMAP Page 1 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 requires a destination organization successfully comply with over 100 standards that span a variety of performance areas to gain the destination accreditation. Tourism partnered with Mr. Wert, who helped guide them through the accreditation process. Mr. Wert presented the County with a DMAP accreditation plaque for the first time in Seminole County history. Mr. Cunha and Danny Trosset, Tourism Division Manager, presented the Tourism Update as outlined in the agenda memorandum. The presentation was followed by Board questions and comments. IV. CONSENT AGENDA – PUBLIC PARTICIPATION Commissioner Constantine requested Item 6, Women's History Month Proclamation, be pulled for separate discussion. Commissioner Lockhart stated she would like to make a clarification on Agenda Item 14, Final Plat for the Riverbank Place Subdivision. The agenda details says she voted against the River's Edge Large Scale Future Land Use Map Amendment and PD Rezone at the August 10, 2021, BCC meeting; and her recollection is she voted for it. She requested the County Manager and County Attorney work with the Clerk's staff and figure out how to correct that record. With regard to public participation, no one spoke and public input was closed. Motion by Vice Chairman Herr, seconded by Commissioner Lockhart, to approve Constitutional Officer's Consent Agenda Item 4 and County Manager's Consent Agenda Items 5 and 7 through 24. Districts 2, 3, 4, and 5 voted AYE Constitutional Officers – Consent Agenda (Item No. 4) 4. 2025-126Expenditure Approval Lists dated January 29 and February 5, 2025; Payroll Approval List dated January 30, 2025; and BCC Official Minutes dated January 14, 2025. (Jenny Spencer, CPA, MAcc, CGFO, and CFE, Director - Comptroller’s Office) County Manager’s Consent Agenda (Items No. 5 - 24) County Manager's Office 5. 2025-123Approve and authorize the Chairman to sign a Proclamation proclaiming February 15 - 22, 2025 as National Entrepreneurship Week in Seminole County, FL. Countywide (Gui Cunha, Director of Tourism and Economic Development)..end 6. 2025-146Approve and authorize the Chairman to execute a Proclamation proclaiming March 2025 as Women’s History Month in Seminole County, FL. Countywide (Nancy Acevedo, Seminole County Sheriff’s Office) Pulled for separate consideration. 7. 2025-145Approve and authorize the Chairman to execute a Proclamation Page 2 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 proclaiming March 16 - 22, 2025 as National Agriculture Week in Seminole County, FL. Countywide (Morgan Pinkerton, Extension Agent) 8. 2025-128Approve and authorize the Chairman to execute a Resolution amending County Administrative Code 4.12, Floodplain Management Plan Committee, based on new titles and position names. Countywide (Alan Harris, Emergency Management Director) Resolution #2025-R-14 9. 2025-068Approve and authorize the Chairman to execute a Resolution amending the Seminole County Administrative Code replacing Section 22.20 Grants Management in its entirety. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Resource Management Resolution #2025-R-15 10. 2025-056Approve and authorize the Chairman to execute a Resolution amending the Seminole County Administrative Code replacing Section 8.5 Risk Management Executive Settlement Authority in its entirety. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Resolution #2025-R-16 Community Services 11. 2025-104Approve the substantial amendment to the 2020-2024 Consolidated Plan and the FY 2024/2025 Annual Action Plan and authorize the Chairman to execute all corresponding documents and signature pages, the 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 and approve and authorize the Chairman to execute a Resolution implementing the Budget Amendment Request (BAR) #25-022 in the Emergency Shelter Grants fund to appropriate funding in the amount of $303,030 for the special ESG allocation. Countywide (Allison Thall, Community Services Director) Resolution #2025-R-17 12. 2025-106Approve and authorize the Chairman to execute the Housing and Urban Development (HUD) grant closeout form and certification document(s) for the HOME funds received in FY 2016, FY 2017, FY 2018, and FY 2019. Furthermore, authorize the Chairman to execute the closeout form and certification document(s) for all future subsequent years associated with the HOME, HOME-ARP, CDBG, (H)ESG grants, and any disaster and/or special circumstance(s) related funding received by HUD. Countywide (Allison Thall, Community Services Director) Development Services 13. 2025-049Approve and authorize the transfer of ownership of multiple tracts within Page 3 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 the Cameron Preserve Subdivision from Seminole County to KB Home Orlando LLC, to correct a conveyance to the County made in error. District5 - Herr (Jose Gomez, Development Services Director) 14. 2025-108Approve the Final Plat for the Riverbank Place Subdivision containing sixty-one (61) lots on sixty-four (64) acres zoned PD (Planned Development), located on the east side of E Lake Mary Boulevard, approximately ½ mile north of S.R. 46; (Sami El-Behiri, Applicant) District2 - Zembower (Jose Gomez, Development Services Director) Fleet and Facilities 15. 2025-084Approve and authorize the County Manager to execute the Notice to Terminate Lease Agreement between Seminole County and A & Z Ventures, LLC, District5 -Herr (Chad Wilsky, Fleet and Facilities Director) Management and Budget 16. 2025-105Approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #25-023 in the Animal Services Donations Fund to appropriate funding in the amount of $28,000 for play yard enhancements. Countywide (Timothy Jecks, Management & Budget Director) Requesting Department - Emergency Management Resolution #2025-R-18 17. 2025-107Approve and authorize the Chairman to execute a Resolution implementing Budget Amendment (BAR) #25-024 in the 2014 Infrastructure Sales Tax Fund to transfer $886,662 of existing project budget to the Nebraska Ave Bridge Replacement Project. District5 - Herr (Timothy Jecks, Management & Budget Director) Requesting Department - Public Works Resolution #2025-R-19 Parks and Recreation 18. 2025-135Approve and authorize the Chairman to execute a Seminole County Natural Land Resident Caretaker Lease Agreement with Todd A. Moderson. District2 - Zembower (Rick Durr, Parks and Recreation Director) 19. 2025-152Approve and authorize the County Manager to Execute Contracts for the Purchase of Parcels Adjacent to Red Bug Lake Park: Tax Parcel ID Numbers 23-21-30-300-0070-0000 and 23-21-30-300-007C-0000, owned by Richard Lavender and Nancy Duniho. District1 - Dallari (Rick Durr, Parks and Recreation Director) Resource Management 20. 2025-072Approve ranking and authorize staff to negotiate the Management Fee and Pre-Construction Services Fee in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act, and Page 4 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 authorize the Purchasing & Contracts Division to execute two (2) Agreements and Work Order #1 for Pre-Construction Services under PS-6030-24/MAG - Master Services Agreement for Construction Manager at Risk (CMAR) for Fire Department Capital Improvement Projects. Countywide. (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Fleet and Facilities 21. 2025-087Approve ranking and authorize staff to negotiate the Management Fee and Pre-Construction Services Fee in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiations Act, and authorize the Purchasing & Contracts Division to execute one (1) Agreement, and Work Order #1 for Pre-Construction Services under PS-5968-24/RTB - Construction Manager at Risk (CMAR) for the Design and Construction of the Seminole County Justice Center Renovations and Five Points Building System Improvements. District4 - Lockhart (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Fleet and Facilities 22. 2025-088Approve ranking and authorize staff to negotiate the Management Fee and Pre-Construction Services Fee in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiations Act, and authorize the Purchasing and Contracts Division to execute one (1) Agreement, and Work Order #1 for Pre-Construction Services under PS-6032-24/TAD - On-Call Services for Construction Manager at Risk (CMAR). Countywide (Lorie Bailey Brown, CFO/Resource Management Director) 23. 2025-129Approve ranking and authorize staff to negotiate the Management Fee and Pre-Construction Services Fee in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiations Act, and authorize the Purchasing & Contracts Division to execute one (1) Agreement, and Work Order #1 for Pre-Construction Services under PS-6230-24/HSM - Construction Manager at Risk (CMAR) for the Rosenwald Community Development. District 4 - Lockhart (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Parks & Recreation 24. 2025-100Award IFB-604900-24/LNF - Term Contract for Pavement Management Services to Halifax Paving, Inc., Ormond Beach, Hubbard Construction Company, Winter Park, Masci General Contractor, Inc., Port Orange, Middlesex Paving, LLC, Orlando, P & S Paving, Inc., Daytona Beach, and Preferred Materials, Inc., Lutz, in the yearly amount of $9,000,000 and authorize the Purchasing and Contracts Division to execute the Agreements. Countywide (Lorie Bailey Brown, CFO/Resource Management Director) Department- Public Works CONSENT AGENDA – PULLED FOR DISCUSSION/SEPARATE VOTE 6. 2025-146Approve and authorize the Chairman to execute a Proclamation proclaiming March 2025 as Women’s History Month in Seminole County, Page 5 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 FL. Countywide (Nancy Acevedo, Seminole County Sheriff’s Office) Commissioner Constantine stated he appreciates the fact they have reduced the reading of Proclamations and the majority of them go on the consent agenda . However, he has been contacted by a number of people that are here today about the recognition of Women's Day and Women's History Month. He requested they read the Proclamation into the record separately. Motion by Vice Chairman Herr, seconded by Commissioner Constantine, to adopt a Proclamation proclaiming March 2025 as Women's History Month in Seminole County, Florida. Districts 2, 3, 4, and 5 voted AYE. V. REGULAR AGENDA 25. 2025-150Request for authorization to make binding written offers to property owners and request to adopt and authorize the Chairman to execute a Resolution of Necessity for the Hillview Drive Drainage Improvement Project, Parcels 101, 102, 104 A, 104 B & C, 106, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, and 120. District3 - Constantine (John Slot, Public Works Director) Mr. Slot addressed the Board and introduced Joe LoFaso, Senior Project Manager. Mr. LoFaso presented the item as outlined in the agenda memorandum . With regard to public participation, no one spoke and public input was closed. Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to authorize staff to make binding written offers to property owners and request to adopt and authorize the Chairman to execute appropriate Resolution of Necessity #2025-R-20 for the Hillview Drive Drainage Improvement Project, Parcels 101, 102, 104 A, 104 B & C, 106, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, and 120. Districts 2, 3, 4, and 5 voted AYE. VI. WORKSESSION 26. 2024-1727Land Development Code Update. (Jose Gomez, Development Services Director, Eliza Juliano, Kimley-Horn Consultant) Mr. Gomez and Ms. Juliano addressed the Board and presented the item as outlined in the agenda memorandum. There were questions and feedback from the Board. With regard to public participation, no one spoke and public input was closed. Recess BCC Meeting Until 1:30 P.M. The Chairman recessed the meeting at 11:25 a.m. Reconvene Meeting at 1:30 P.M. Chairman Zembower reconvened the meeting at 1:30 p.m. with all Commissioners and other Page 6 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 Officials, with the exception of Deputy Clerk Chariti Guevara who was replaced by Deputy Clerk Terri Porter, who were present at the opening session. VII. PUBLIC HEARING AGENDA Accept Proofs of Publication Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record. Districts 2, 3, 4, and 5 voted AYE. Ex Parte Disclosure Districts 2, 3, 4, and 5 submitted ex parte communications (received and filed). Public Hearings - Quasi - Judicial 27. 2024-17236699 Sylvan Woods Drive Boat Dock/House - Consider approval of a 3,044.8 square foot dock/house/slip on the west side of Sylvan Woods Drive, approximately 2,730 feet south of State Road 46, more particularly known as 6699 Sylvan Woods Drive; (Peter Fleck, Applicant); District5 - Herr (Kathy Hammel, Interim Planning and Development Manager) Ms. Hammel addressed the Board and presented the item as outlined in the agenda memorandum. The Applicant, Mr. Fleck, was unable to attend the meeting today. With regard to public participation, no one spoke and public input was closed. Motion by Vice Chairman Herr, seconded by Commissioner Lockhart, to approve the request for a 3,044.8 square-foot boat dock/house/walkway on Sylvan Lake, located on the west side of Sylvan Woods Drive, approximately 2,730 feet south of SR46, more particularly known as 6699 Sylvan Woods Drive; Development Order; Peter Fleck, Applicant; as described in the proof of publication. Districts 2, 3, 4, and 5 voted AYE. 28. 2025-138Panther Street Right-of-Way Vacate - Adopt the Resolution vacating and abandoning an uncut portion of the public right-of-way known as Panther Street, in the Van Arsdale Add to Black Hammock Subdivision, as recorded in Plat Book 1, Page 31, of the Public Records of Seminole County, Florida, for a property more particularly known as 1000 Elm Street, Oviedo, Florida; (Joshua Lewis and Sara Lewis, Applicants) District2 - Zembower (Kaitlyn Apgar, Planner) Chairman Zembower advised that this is a reconsideration of a previous hearing. Ms. Apgar addressed the Board and presented the item as outlined in the agenda memorandum. Page 7 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 Philip Kaprow, P.A., addressed the Board and stated he is representing the applicants. He explained the property to the south never subdivided, so it has never given over the 25' to the County, So even though it is identified as a 50' right-of-way, it is not really a 50' right-of-way; there is a 25' right-of-way that exists and a 25' right-of-way that would exist if there was ever a subdivision of that property and it was given over to the County. As a result, the area that is sought to be vacated is the exact same area that would be retained by an easement. He opined there is no reason not to approve and stated all the statutory requirements have been met. The Lewis' simply ask that the right-of-way be vacated and replaced with an easement. With regard to public participation, the following spoke in opposition: Richard Robertson, Tara Merritt, Michael Presutti, Alicia Presutti, and Lawrence Capone. A survey presented by Mr. Presutti was received and filed. No one else spoke and public input was closed. Public Comment Forms were received and filed. In rebuttal, Mr. Kaprow advised the property was sold to the applicants by their grandparents and it has been owned by the family since 1981. In connection with concerns that were voiced during public comment, he submitted that vacating the right-of-way and maintaining an easement specifically for drainage and utilities is actually a better use of the County's strength because, otherwise, the right-of-way could be used as a road or for other purposes, other than the drainage, which is apparently the primary concern of all of the neighbors. Sara Lewis, applicant, addressed the Board to clarify that they bought the property in 2017 after the grandparents passed away. She was told they were grandfathered in for that portion of the right-of-way that already had a fence and two gates located there . They placed an egg stand there and updated the entry gate. They also redid the old fencing. Chairman Zembower noted that this was originally denied but was brought back for reconsideration because there was information that staff had shared afterwards that there was the right for the County to reserve this area for drainage improvements in the future, whether it be through this process or any other process, and also reserve the utility rights. He advised that currently there are multiple basin drainage studies going on within the Black Hammock including the back side of Oviedo to identify areas of concern. They will be holding community meetings. Motion by Chairman Zembower, seconded by Commissioner Lockhart, to adopt a Resolution vacating and abandoning an uncut portion of the public right-of-way known as Panther Street, in the Van Arsdale Add to Black Hammock Subdivision, as recorded in Plat Book 1, Page 31, of the Public Records of Seminole County, Florida, for a property more particularly known as 1000 Elm Street, Oviedo, Florida; Joshua Lewis and Sara Lewis, Applicants; as described in the proof of publication. Page 8 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 Under discussion, Commissioner Constantine expressed his concerns about approving the vacate right now and would rather wait until the studies are completed. Vice Chairman Herr agreed and thinks there were improvements put in the right-of-way and this is a solution for that and she doesn't believe it is a good precedent to set . Commissioner Lockhart said she thinks while she respects both of those concerns, that vacating this right-of-way does not change the County's ability to address any future concerns. That property can continue to be utilized by the County for drainage and it won't be able to be opened up to have traffic on it. If additional drainage or projects need to occur, they would have to either purchase a portion of someone's property in that area or condemnation of private property, which is a significant expense. The nature of the neighborhood drama is not anything this Board can take into consideration into making a decision. She is in support of approval. Chairman Zembower asked if this was to be approved, would it impair the ability of the County to utilize this property for the purposes of an easement for drainage. Ms. Latorre responded no, because a condition of the vacation is the granting of a utility and drainage easement to the County. He also asked if the County Attorney had any concerns about the impact of the private litigation and she advised she reviewed the complaint, which is the only document in the lawsuit that she has reviewed; her knowledge is limited to that. But she thinks that the granting of the vacation request is not related to the litigation and that whether they grant or deny the request, she believes the litigation will continue. Upon further inquiry, Ms. Latorre advised if they have easement rights, the easement would address whose responsibility it is to remove any structures that are in the way. Typically, the County would remove any structures and put them back after the work was completed. Commissioner Lockhart added that this Board has vacated rights-of-way with existing structures in them many times and it happens with some regularity. Districts 2 and 4 voted AYE. Districts 3 and 5 voted NAY. The motion failed for lack of a majority vote; however, this was revisited after the final public hearing was heard and will be continued to a date certain. Public Hearings - Legislative 29. 2025-141Consider an ordinance establishing the Seminole County Tourism Improvement District (SCTID); providing for adoption of the SCTID plan; providing for services and improvements to be provided and for related cost estimates; providing for SCTID boundaries; providing for the SCTID assessment and levying methodology; providing for method of collection of assessments; providing for the establishment of the SCTID advisory board; providing for exclusion from codification; providing for severability; and providing an effective date. Countywide (Gui Cunha, Tourism and Economic Development Administrator) Page 9 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 Mr. Cunha presented the item as outlined in the agenda memorandum. He noted he would be presenting items #29 (Formation Ordinance) and #30 (Advisory Board) at the same time. Mr. Cunha advised that, if approved, the levy of assessment would be March 11th and then discussion of that benefit, which is the Indoor Sports Facility, would be some time in summer of 2025. That is when they will take a deep dive into that part of the project. He added this is solely for the Tourism Improvement District Ordinance. Commissioner Lockhart asked, in connection with the definition of owner/operator, how far down into the organization that would go. Mr. Cunha responded as long as they are employed by a Seminole County Tourism Property, they would be in good standing to be an operator. At the TDC, they have never had anyone below a Director of Sales appointed. He confirmed with Chairman Zembower that they are reappointed every four years. Chairman Zembower recognized Jason Siegel, President of the Greater Orlando Sports Commission, and Robert Agrusa from the Central Florida Hoteliers Association. In regard to public participation, Jeffrey Smith, Holiday Inn Express & Suites, addressed the Board with questions in connection with how the fee will be structured, and Chairman Zembower asked Mr. Cunha to meet with him to respond to his inquiries. The following spoke in support: Brenda Urias, Chairman, Seminole County Tourism Development Council; Kristen Oswald, General Manager, TownPlace Suites by Marriott; Kurt Esser, Seminole State College; Jason Siegel, President, Greater Orlando Sports Commission; and Robert Agrusa, Central Florida Hoteliers Association. No one else spoke, and public input was closed. Public Comment Forms were received and filed. Motion by Commissioner Constantine, seconded by Vice Chairman Herr, to adopt Ordinance #2025-5 establishing the Seminole County Tourism Improvement District (SCTID); providing for adoption of the SCTID plan; providing for services and improvements to be provided and for related cost estimates; providing for SCTID boundaries; providing for the SCTID assessment and levying methodology; providing for method of collection of assessments; providing for the establishment of the SCTID Advisory Board; providing for exclusion from codification; providing for severability; and providing an effective date; as described in the proof of publication. Districts 2, 3, 4, and 5 voted AYE. 30. 2025-154Approve and authorize the Chairman to execute the Resolution creating the Seminole County Administrative Code, Section 4.50 Seminole County Tourism Improvement District (SCTID) Advisory Board, providing for SCTID Advisory Board purpose, duties and responsibilities, management Page 10 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 of funds for the SCTID, membership structure, legal and staff assistance, and dissolution. Countywide (Gui Cunha, Tourism and Economic Development Administrator) Mr. Cunha 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 Constantine, to approve and authorize the Chairman to execute Resolution #2025-R-21 creating the Seminole County Administrative Code, Section 4.50 Seminole County Tourism Improvement District Advisory Board, providing for the SCTID Advisory Board's purpose, duties and responsibilities, management of funds for the SCTID, membership structure, legal and staff assistance, and dissolution. Districts 2, 3, 4, and 5 voted AYE. Public Hearings - Quasi - Judicial - Continued 28. 2025-138Panther Street Right-of-Way Vacate - Adopt the Resolution vacating and abandoning an uncut portion of the public right-of-way known as Panther Street, in the Van Arsdale Add to Black Hammock Subdivision, as recorded in Plat Book 1, Page 31, of the Public Records of Seminole County, Florida, for a property more particularly known as 1000 Elm Street, Oviedo, Florida; (Joshua Lewis and Sara Lewis, Applicants) District2 - Zembower (Kaitlyn Apgar, Planner) Ms. Latorre stated that before they get to the County Attorney's Report, the Board needs to revisit Item #28, the Panther Street Right-of-Way Vacate. She noted that Chairman Zembower was correct that when there is tied vote, the motion is defeated. However, they still have a public hearing and they have a pending application. They have a two-two vote. Because they have an application and they do not have an approval and they do not have a denial, she recommends they make a motion to continue the item to a date certain because they need five of the commissioners here to make the decision one way or another. She also recommended that staff reach out to the people that were in attendance today to let them know of this development so it does not appear that they are trying to do something underhanded. Commissioner Constantine inquired as to when the basin studies would be completed. Tony Nelson, County Engineer, addressed the Board to advise the Basin Studies should all be completed by the end of this year. And in regard to the easement, the location that is up for the vacate is 95% in the wetlands, so if they ever want to go forward with a project, they would need to mitigate for that impact, so that is another thing they need to consider. Public Works, at this time, has no plans to do any kind of improvement, but if the drainage studies come back and say they need to do additional improvements, they would have to mitigate for the wetland impact. Motion by Chairman Zembower, seconded by Commissioner Lockhart, to continue to a date certain, March 25, 2025, at 1:30 p.m. or as soon thereafter as possible, the request for the Panther Street Right-of-Way Vacate. Page 11 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 Under discussion, Commissioner Constantine felt they should wait and hear this after the studies are done by the end of the year. Districts 2, 4, and 5 voted AYE. District 3 voted NAY. Motion passes 3 to 1. Deputy County Manager Tricia Johnson stated they will reach out to those that were in attendance earlier for this and also work with Code Enforcement in connection with any structures that currently exist in the easement. IIX. COUNTY ATTORNEY'S REPORT Ms. Latorre announced that David Shields, Deputy County Attorney, is retiring effective March 3rd and she thanked him for his service and wished him well in his retirement. IX. COUNTY MANAGER'S REPORT AND STAFF PRESENTATIONS Ms. Johnson said she wanted to ensure that the Board and Public are aware that due to unforeseen circumstances, the West Library located at 245 N. Hunt Club in Longwood closed this afternoon and will reopen tomorrow morning. This was later corrected to the library being reopened tomorrow at 1:00 p.m. X. DISTRICT COMMISSIONER REPORTS District 3 - Commissioner Constantine Commissioner Constantine reported on several events that had occurred and some scheduled in the future. District 4 - Commissioner Lockhart Commissioner Lockhart updated the Board on the Medical Examiner Advisory Committee meeting that she attended a couple of weeks ago. At the last meeting Sumter, Citrus, Marion, Seminole and Lake counties were the five in attendance. She opined is was a very protracted and circuitous meeting. They talked about the same issues over and over again, she believes, in an attempt to persuade and change opinions of the Lake County Commissioner and herself, not to necessarily take action and have there be actual votes taken . The Chairman, who is from Citrus County, requested that they vote as a Medical Examiner Commission to give some type of consensus for every county to try to make Marion whole for their funds that they have expended so far toward the building that they decided to go ahead and start the engineering and design and the property purchased for without any of the other boards giving right consent. The Commissioner noted it is a nominal amount of money, but she felt it was meaningful in that it is in their mind an acknowledgement that they had committed to something and were pulling out. From her perspective, and she made it very clear at that meeting that if they were going to insist on a vote at that moment, that her vote would be "no" and that she did not have the approval or direction of this Board. Page 12 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 The Lake County Manager was very clear in her comments at the meeting that she had direction from her board on a four-to-one vote to separate from the existing ME District and join Seminole County. At the end of the day what was asked of the Lake County Commissioner and herself is that they go back to their respective boards and ask if there was any interest in contributing. Seminole's portion would be $25,000 to make Lake County whole and to reassert their intentions of staying or going. She noted she did tell them that she did not think it was necessary to bring it to this Board, that from the County Manager's perspective and staff's perspective, they already had very clear direction that they had planned to set forth on a process to go back on their own, or partner with Lake County. In the spirit of good faith, she is bringing this to them to see if there is any interest, at this time, in making a commitment to contribute the $25,000 toward a building that they did not indicate they were interested in building. Commissioner Lockhart explained she tell them that they could make this much easier and go much faster by supporting Lake County and Seminole County in their request to the State Medical Examiner Board to have them go ahead and leave because then they have their answer rather than them trying to continue to keep them and "hold us hostage," that perhaps they could be a part of helping them just move on their way. The Sumter County representative did state that he felt there was not a need to try to force someone to continue to be in a partnership that they did not want to be in, and she thanked him for that . She advised what she committed to them was that their staff is working on a plan and they will come back to them with whatever that will be at the May meeting that may involve some type of remuneration for their trouble, maybe for their consideration and support in helping them have an amicable separation. Chairman Zembower stated that is a conversation he would not mind having. Kristian Swenson, Assistant County Manager, stated that everything the Commissioner said was spot on. He added the Marion County Manager did send an official invoice-type letter to them and they are in the process of drafting a response which will include this Board's discussion and then they will circulate it for everyone to review. In their request for payment of the twenty-some thousand dollars, there are some questions on it as to funds that were expended from the Building Fund, and there were also questions when trying to look at it in detail (some of their line items). There is an appraisal cost and some things like that in there that, and if they are planning on keeping the property, should those be borne onto the partners. Commissioner Lockhart noted that in an eleventh hour attempt to maybe revisit this separation, one of the committee members said, "Well, what if we were to look at the current funding formula, and what if we were willing to consider going from a population-funding formula mechanism to a usage base." She said she thought that was off the table quite some time ago, and they said that maybe it could be back on the table. She responded that she believes that "ship had sailed." Chairman Zembower added that now it is going to be in Summerfield, Florida, which is a long way for their law enforcement, their investigators, and their citizens to drive, up I-75 and the Turnpike to get there to identify or pick up loved ones. He voiced he is a "no go" on that. Page 13 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 Vice Chairman Herr opined that at some point, you just have to call it, "stupid dating." She does not see this coming to a fruitful end of them having to drive all this way to be part of this massive building project, when they know that their growth is going to support this being closer within the next 40 or 50 years and it is not a good long-term strategy for them. Commissioner Constantine noted he is only throwing this out, but if they did change this to usage and they kept it in Lake County, that could be a conservation. Chairman Zembower stated that process was already well vetted by Marion County as the administrative arm of the group. He thinks there is absolutely property there that would qualify but is not desirable by some of the others. Commissioner Lockhart stated she thinks she has great direction. _________________________________ Commissioner Lockhart gave a huge shout out to the student government of the 7th and 8th graders at Tuscawilla Middle School where she recently spoke. District 5 - Commissioner Herr Vice Chairman Herr stated she wanted to call to the Board's attention from the CFX board meeting held on February 14th, a program called "Moving 4 'I-4' Forward" and it is a new way of re-imagining how we are building roads and it is literally road building on steroids. She shared it with staff. They are designing and building as they go for all of these bottlenecked intersections that are happening along I-4. It was the Governor's initiative and it is really fascinating. She complimented all of their professional team members that put together the State of the County. She talked about Sylvan Walk-the-Loop Trail and said it is stunning. She heard PorchFest was wonderful and congratulated all connected. She added that on March 4th, The Bronx House Pizza place in Lake Mary is having a pizza party and all of the cash receipts will go to Rescue Outreach Mission. District 1 - Commissioner Dallari Commissioner Dallari was not in attendance, and therefore, there is no report. District 2 - Chairman Zembower Chairman Zembower reported that Oviedo High School is bringing back the Agriculture Program after all these years. He has been advocating for this for about four years, and talked about the benefits and the funding. It also includes things like plumbing and welding. He then listed future events. XI. CHAIRMAN'S REPORT No submissions. Chairman Zembower thanked everyone in connection with the State of the County. 31. 2025-148Approve the appointment of Alexandra Garnier-Mercier (Local Senior Resident) to the Commission on Aging for term dates 1/1/2025 - Page 14 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 12/31/2027. Chairman Zembower noted a copy of the application of Alexandra Garnier-Mercier was distributed to the Commissioners today. Motion by Chairman Zembower, seconded by Vice Chairman Herr, to approve the appointment of Alexandra Garnier-Mercier (Local Senior Resident) to the Commission on Aging for a term of 1/1/25 through 12/31/2027. Under discussion, Commissioner Lockhart explained that she had asked a couple of questions because she was not familiar with this individual and had not been provided a copy of her application until she sat down today at the dais. She was looking at what a local senior resident would be, and she thought it may be age related to qualify as a senior. She found out that Ms. Garnier-Mercier is younger than some of those on the dais. So she questioned what is considered a senior. It was not because of her, but because of the way they tend to say things but then they don't define them . She was thinking a senior was 60+ maybe and then she asked the County Attorney, because there was not a definition in this item. Ms. Latorre advised there is one Florida statute that defines what a senior citizen is and it is related to consumer protection and that is 60 and above. Commissioner Lockhart noted that this individual is younger than that. Commissioner Lockhart opined it seems like Ms. Garnier-Mercier would be a phenomenal member of this board after reading an email from one of the staff members that recommended her. She is clearly very involved and engaged, and she wants to be on this board and she works in the Alzheimer field and so it makes sense that this is something that is near and dear to her heart, and she would be an expert in this. But she does not know how she would qualify as a senior resident. She thought maybe they would want someone who is actively living in the community and experiencing what it is like to be a senior citizen living here. Commissioner Lockhart asked that as they move forward, because they have all these boards and committees, that they get a little more granular in defining some of these positions, and who actually appoints them. There is great confusion about who is supposed to be appointing whom and where and when. Meloney Koontz, Assistant County Manager, addressed the Board and shared with her that they are going to bring all of these back to the Board at some point for the purpose of doing some type of cleanup work. Commissioner Lockhart said she will support the motion, but believes they need to be clear of what their intentions are if this is their board and this is the makeup of the board that they want to have senior citizens be on it, then they need to be clear what they believe that is. Districts 2, 3, 4, and 5 voted AYE. Vice Chairman Herr stated she thinks the bigger issue is with the process. It is not related to this application; it is related to the continuous issues that they have with these. This is not the first time they have ended up on the dais with an application in Page 15 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 front of them. They have ended up with somebody making an appointment that was not their appointment. They have ended up with it's the Chair's or the Board's - they are not sure. She thinks there has been a tremendous amount of work done on the part of their professional team that is actually working through this, but it had not been in good shape. There is still refining that needs to be done. She also thinks that they should not be presented with an application at the dais unless it does qualify, and it is the responsibility of that committee that is making the recommendation before it comes in to their offices. That is the level they need to get this to so they are doing this the way they should be doing it. The Chairman agreed. XII. PUBLIC COMMENT (Items not Related to the Agenda) Christian Sean Loosier, Library Advisory Board, addressed the Board to thank the Commission for all of their support in rebuilding their libraries in Seminole County. They are very excited to move forward with the master plan now that the penny sales tax has been approved. Dennis Schoeppner, United Sovereign Americans organization, addressed the Board to discuss his concerns about what he believes are civil rights violations occurring in elections. He noted that violations that occurred in 2022 have been discussed with this Commission, with the previous Supervisor of Elections (SOE), the County Sheriff, the Florida Division of Law Enforcement, and with the Florida Department of State. He then provided statistics about the 2024 elections and asked that the County formally submit a letter to the new SOE giving her their full support to investigate these violations. Written copy of Mr. Schoeppner's comments received and filed. Commissioner Lockhart noted that a few people from the SOE are in attendance today and just heard these concerns. She asked if any of them would like to speak. Amy Pennock, Supervisor of Elections, addressed the Board and confirmed she does have a meeting scheduled with Mr. Schoeppner on Thursday. She said they are not aware of the violations he is speaking of when it comes to state-level data. They have not seen any report to the State and then to them giving any indication that they have that volume of issues . She is interested in seeing the specific details that he provides. She did want to correct a statistic that Mr. Schoeppner cited. She advised as of the end of last year, they had 353,000 registered voters and as of the end of the election, they had 351,041 voters. Right now they have 350,030 voters. It shows they are continuously working their voter roles to clean up any issues of any concerns. Ms. Pennock added that since she has been working in their office, she can honestly say that their team works very, very hard to make sure that they have a really solid, clean election, and they will continue to provide transparency through their office. She added that they have not found any widespread issues from the last election, but they will continue to look at the information that is provided to them. Public Comment Forms were received and filed. Page 16 of 17 Board of County Commissioners Meeting Minutes February 25, 2025 XIII. ADJOURN BCC MEETING There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:40 p.m., this same date. APPROVED by the BCC: __________________________________ ______________________________ Chairman Date ATTEST: __________________________________ Clerk of Court and Comptroller AS Clerk to the BCC Page 17 of 17