Chairman (District 4) Amy Lockhart

Present:

Vice Chairman (District 5) Andria Herr

Commissioner (District 1) Bob Dallari

Commissioner (District 2) Jay Zembower

Commissioner (District 3) Lee Constantine

Additional Attendees: County Manager Darren Gray, Deputy County Attorney Paul Chipok,

and Deputy Clerks Kyla Farrell and Chariti Guevara.

Closed Attorney-Client Session

Deputy County Attorney Paul Chipok announced the closed session as follows:

The Deputy County Attorney has requested a closed session with the BCC to take place

today, March 14, 2023, at 8:30 a.m. The closed attorney-client session will be immediately

preceding the morning session of the BCC meeting.

The limited purpose of this closed session is for a strategy session related to litigation

expenditures pertaining to the case of the Seminole County v. Brandon Wesley Blake, Case

#2022CC004794.

The closed session is being held pursuant to Section 286.011(8), Florida Statutes, and is

expected to last approximately thirty minutes. The closed session will be recorded by a

certified court reporter. The transcript will be sealed until the conclusion of the litigation.

Attending the closed session will be: Chairman (District 4) Amy Lockhart, Vice Chairman

(District 5) Andria Herr, Commissioner (District 1) Bob Dallari, Commissioner (District 2) Jay

Zembower, Commissioner (District 3) Lee Constantine, County Attorney A. Bryant Applegate,

Deputy County Attorney Paul Chipok, Assistant County Attorney Deziree Elliott, Deputy

County Attorney Lynn Porter-Carlton, and County Manager Darren Gray.

At the conclusion of the meeting, the BCC will reopen the regular meeting with an

announcement that the closed session has terminated.

Chairman Lockhart recessed the meeting at 8:32 a.m. to convene the closed attorney-client

session, and reconvened the BCC meeting at 9:10 a.m.

Invocation

Pastor John Pierce, Ethnos Church Global, Sanford, gave the invocation.

Pledge of Allegiance

Chairman Lockhart ledge the Pledge of Allegiance.

County Attorney Bryant Applegate addressed the Board and announced his retirement

effective September 7, 2023.

CONSENT AGENDA – PUBLIC PARTICIPATION

Commissioner Constantine pulled Agenda Item 4, Final Plat for the Sylvan Estates

Subdivision, for separate discussion.

With regard to public participation, no one spoke and public input was closed.

Motion by Commissioner Zembower, seconded by Vice Chairman Herr, to approve Consent

Agenda Items 1-3, and 5; and Constitutional Officer's Items 6-7.

The motion carried by a unanimous vote.

County Manager’s Consent Agenda (Items No. 1-5)

Community Services

Approve the HOME Investment Partnership Program (HOME) ARP

Allocation Plan in the amount of $3,046,438 and subsequent forms to

submit to HUD which will reduce homelessness and increase housing

stability for qualifying citizens of Seminole County. Countywide (Stacey

Smithwick, Community Development Division Manager)

2023-234

2023-163

Development Services

Approve the Final Plat for the Sandhill Farm of Geneva subdivision

containing two (2) lots on 13.72 acres zoned A-5 (Rural Zoning

Classification), located on the east side of County Road 426; (David

Jourdenais, Applicant) District1 - Dallari (Annie Sillaway, Project

Manager).

Approve the Minor Plat for the Pine Hollow Point subdivision containing

one (1) commercial lot on 9.93 acres zoned PD (Planned Development),

located at the intersection of W. S.R. 434 and Sanlando Road; (Shannon

Surveying, Applicant) District3 - Constantine (Joy Giles, Project Manager)

2023-187

2023-205

Approve the Final Plat for the Sylvan Estates Subdivision containing

twelve (12) single family residential lots on 4.80 acres zoned Planned

Development, located on the south side of Sylvan Lake Drive,

approximately ½ mile west of Orange Boulevard; (Winston Schwartz,

Applicant) District5 - Herr (Joy Giles, Project Manager)

Pulled for separate discussion.

Environmental Services

5. Approve and authorize the Chairman to execute a Certificate of Public

2023-249

Convenience and Necessity for GLE Scrap Metal-Florida, Inc., effective

from October 1, 2022 through September 30, 2023. Countywide (Oliver

Bond, Solid Waste Division Manager)

Constitutional Officers – Consent Agenda

Expenditure Approval Lists dated February 14 and 21, 2023; and Payroll

Approval List dated February 16, 2023. (Jenny Spencer, CPA, CGFO,

and CFE, Director, Comptroller’s Office)

2023-253

2023-250

Approve an amendment to the Supervisor of Elections FY23 Budget

appropriating the 2022-23 Election Security Enhancement Grant for

$150,876

CONSENT AGENDA - PULLED FOR DISCUSSION/SEPARATE VOTE

Approve the Final Plat for the Sylvan Estates Subdivision containing

twelve (12) single family residential lots on 4.80 acres zoned Planned

Development, located on the south side of Sylvan Lake Drive,

approximately ½ mile west of Orange Boulevard; (Winston Schwartz,

Applicant) District5 - Herr (Joy Giles, Project Manager)

2023-205

Commissioner Constantine shared why he can't support this item which included the

community's concern of flooding and substandard roads. Commissioner Dallari

confirmed with Mr. Chipok that for a denial of a plat, the Board would need competent

substantial evidence from a technical standpoint; and this plat meets all of the County's

requirements. Jean Jreij, Public Works Director, addressed the Board and confirmed it

was reviewed by the County Surveyor and meets all requirements. Commissioner

Constantine stated this plat will cause greater damage in flooding and traffic in the

particular area. Commissioner Zembower stated he has been assured that

Commissioner Constantine's concerns will be addressed.

Motion by Commissioner Zembower, seconded by Vice Chairman Herr, to approve the

Final Plat for the Sylvan Estates Subdivision containing twelve (12) single family

residential lots on 4.80 acres zoned Planned Development, located on the south side

of Sylvan Lake Drive, approximately 1/2 mile west of Orange Boulevard; Winston

Schwartz, Applicant.

The motion carried 4 to 1 by the following vote:

Aye: District 4 Amy Lockhart, District 5 Andria Herr, District 1 Bob Dallari, and District 2

Jay Zembower

Nay: District 3 Lee Constantine

Chairman Lockhart recessed the meeting at 9:37 a.m., reconvening at 9:48 a.m.

Regarding Item 4, Mr. Chipok clarified each Commissioner always has a right to vote their

mind even though, in the nature of plats, it is a technical vote. It would only be a possible

legal issue if the item was denied. However, it's moot in this case because the item was

ultimately approved.

WORK SESSION AGENDA

Work Session - Orlando’s Right Rail Update (John McReynolds, Universal

Orlando, Maria Triscari, I-Drive Chamber of Commerce, Corey Hill,

Kimley-Horn)

2023-275

Mr. McReynolds, Ms. Triscari, and Mr. Hill addressed the Board and provided the

update.

With regard to public participation, no one spoke, and public input was closed.

There were Board questions and comments. Commissioner Dallari stated he thinks it

would behoove the Board to allow him to speak to the SunRail board to ask them to

keep on moving forward to engage the FTA so they can make sure they are moving

forward at the appropriate time.

Vice Chairman Herr asked if the ask today is for the Board's endorsement to continue

on with a study that does not obligate the Board to participate in the cost of the study,

nor does it obligate the Board to implement the results of the study that may have a

positive impact in terms of expanding the use of SunRail and may spread the fixed cost

of SunRail over 72 miles versus 61; that has the commitment of Universal Studios for

$13M in annual ticket sales, Universal Studios is backstopping that, donation of the

land, and an estimated $2M for Universal Studios to operate the station, which includes

the capital cost to build the station as well as operation and maintenance, so none of

that falls back on SunRail, which means it doesn't fall back on the citizens of Seminole

County. Mr. Hill confirmed that was correct.

Chairman Lockhart confirmed there was a consensus of the Board to ask the County

Manager in conjunction with the County Attorney's Office to craft a letter for the Board

that could outline many of the commitments that Vice Chairman Herr established; and

give Commissioner Dallari the authority to represent at the CFCRC meetings, and other

meetings, that this Board is interested in gathering more information, particularly with

the FTA.

Work Session - Seminole Forever (Richard Durr, Leisure Services

Director)

2023-274

Mr. Durr provided the presentation. Tim Jecks, Budget Division Manager, reviewed

dedicated funding sources.

With regard to public participation, Paul Owens, Gabrielle Milch, Michael Cliburn,

Nancy Prine, Jim Helmers, Cindy Haller, Tom Haller, Grey Wilson, Phyllis Hall, Nancy

Harmon, Tim Jackson, Jay Exum, Fred Milch, Richard Creedon, Virginia Creedon, Bill

Hyde, Nancy Dunn, Michele Dewey, Heather Wright, Charles Lee, and David Bear

spoke.

Public and Written Comment Forms were received and filed.

Public participation was followed by Board comments and questions for staff. Each

Commissioner discussed what they would like to see when this item is brought back to

the Board.

Mr. Gray explained staff will start working with the County Attorney's Office and each of

the Commissioners. They've already started working with the State and have meetings

scheduled to start some dialogue. He has noted the citizens' concerns. This is a good

time to look at it as they go into the budget. Staff will bring this back in the next couple

of months with some funding options.

Commissioner Herr noted they heard a lot of feedback to "vote yes," so she thinks

people are expecting a vote. She clarified the intention of this work session was to

have open dialogue to get it to the best possible position to hear input and move

forward. This is not kicking the can down the road, it's getting it right before they do it.

Chairman Lockhart recessed the meeting at 12:19 p.m., reconvening at 12:30 p.m. with

the exception of Commissioners Dallari and Zembower.

10.

Work Session - Big Econlockhatchee/Little Econlockhatchee Drainage

Basin Study (Steve Sommerfeldt, P.E., Water Resources Division

Manager, Inwood Consulting Engineers, Inc.).

2023-222

Mr. Jreij introduced Mr. Sommerfeldt who provided the presentation.

Commissioner Dallari returned at 12:35 p.m. during the presentation, and

Commissioner Constantine left at 1:03 p.m. during the presentation.

Questions were asked by the Board throughout the presentation, and comments from

each Commissioner were shared after the presentation.

With regard to public participation, no one spoke, and public input was closed.

Chairman Lockhart advised the Board is interested in hearing what comes next.

Commissioner Zembower re-entered the meeting at 1:22 p.m.

Deputy Clerk Kyla Farrell was replaced by Deputy Clerk Chariti Guevara.

COUNTY MANAGER AND STAFF BRIEFINGS

Mr. Gray reminded at the last meeting, William Watts, Boys Scout Troop 854, wanted to

address the Board during public comment at the end of the meeting, but he had to leave

before then due to the meeting running late. Mr. Gray advised Mr. Watts was present today.

Mr. Watts addressed the Board and presented his proposed Eagle Scout Project of putting

plaques of appreciation at the Criminal Justice Center for the two county citizens that have

received Congressional Medals of Honor. There were Board comments in support. Mr. Gray

and Mr. Applegate advised of their support to work with Mr. Watts on the project.

COUNTY ATTORNEY BRIEFING

Mr. Chipok provided an update on Seminole Co. vs. Brandon Blake, dog possession cases.

In addition to the circuit civil case, there are also 43 citation cases because of the condition of

the dogs, Citation #V22-001409, Case #2022-CO-770; and the rest of the citation numbers

and case numbers run consecutively thereafter. Chairman Lockhart announced a viewer

advisement on the pictures that will be shown of the dogs. Mr. Chipok advised the citation

process is under the civil penalties process under the animal control ordinances, and there is

a graduated schedule of fines. The total of all fines for the 43 citations is $8,350. There is a

hearing on the citations scheduled for May 12, 2023, in circuit court. Mr. Blake, through his

attorney, has provided a proposed settlement offer to pay a total fine of $500 and a plea of no

contest to all of the citations. Mr. Chipok requested Board direction on how to proceed.

There was Board consensus to reject the settlement offer. Deziree Elliot, Assistant County

Attorney, displayed pictures of the dogs (received and filed). Mr. Chipok advised they will

proceed on the citations with all due diligence. Upon the Chairman's inquiry, Mr. Chipok

advised there were originally 38 living and four deceased dogs taken into custody, and two or

three have since been euthanized.

Public Hearing Agenda

ACCEPT PROOFS OF PUBLICATION

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to authorize the

filing of the proofs of publication for this meeting's scheduled public hearings into the Official

Record.

The motion carried by the following vote:

District 4 Amy Lockhart, District 5 Andria Herr, District 1 Bob Dallari,

and Jay Zembower

Aye:

District 3 Lee Constantine

Absent:

PUBLIC HEARINGS - QUASI-JUDICIAL

Ex parte was submitted by Districts 1, 2, and 4 (received and filed.)

Commissioner Herr advised she will not be submitting any ex parte and will be abstaining from

voting due to a conflict of interest that was identified when she met with the Applicant that they

are a client of her firm. Form 8B Memorandum of Voting Conflict for County, Municipal, and

Other Local Public Officers was received and filed.

11.

Food Fare Fern Park Special Exception - Continued from the 2/14/2023

BCC Meeting - Consider a Special Exception for an alcoholic beverage

establishment in the C-2 zoning district on 0.81 acre, located on the east

side of US Highway 17-92, south of South Street; (BS2022-10) (Cory

Sitler, Applicant) District4 - Lockhart (Hilary Padin, Project Manager).

2023-244

Ms. Padin presented the item as outlined in the agenda memorandum. Trey Vick,

Applicant, addressed the Board, and reviewed his presentation (received and filed).

With regard to public participation, no one spoke and public input was closed.

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve a

Special Exception for an alcoholic beverage establishment in the C-2 zoning district on

0.81 acre, located on the east side of US Highway 17-92, south of South Street;

(BS2022-10); Cory Sitler, Applicant; as described in the proof of publication.

The motion carried by the following vote:

District 4 Amy Lockhart, District 1 Bob Dallari, and Jay Zembower

Aye:

District 3 Lee Constantine

District 5 Andria Herr

Absent:

Abstain:

COUNTY ATTORNEY'S REPORT

No report.

COUNTY MANAGER'S REPORT

No report.

DISTRICT COMMISSIONER REPORTS 5, 1, 2, 3 and 4

District 5:

Commissioner Herr wished the City of Lake Mary a happy 50th anniversary.

District 1:

Commissioner Dallari commented there is a project going on in Orange County that he would

like each Commissioner to be briefed on by staff (document received and filed).

The Commissioner advised SunRail had a Saturday service ride with 18 trains and over

10,000 passengers.

Commissioner Dallari advised the Central Florida Commission on the Homeless has issued a

study (received and filed).

Commissioner Dallari advised the Central Florida Zoo has completed a draft master plan.

The Commissioner thanked Public Works Director Jean Jreij and Fire Chief Kinley for meeting

with him regarding the 434 roundabouts.

Commissioner Dallari attended the unveiling of a historical marker for actress Hedy Lamarr at

Red Bug Lake Park. He discussed Ms. Lamarr's career and other accomplishments. She

retired and died in Casselberry.

District 2:

Commissioner Zembower advised he received a letter from Johnny Popwell, citizen, thanking

the Board for staff member Joe Jenkins, Leisure Services.

The Commissioner invited everyone to the Brightwater Estate on April 1st at 3:00 p.m. for

reading of a proclamation and unveiling of a historical marker.

Commissioner Zembower reported on the Orlando Sanford International Airport board

meeting, AHAC meeting, and the Medical Examiners Board meeting. The Medical Examiners

Board is making headway on the cost of a new office for the medical examiner. Marion

County staff is supposed to bring back an RFI for the board to review.

Commissioner Zembower thanked Jimmie Beach, Stormwater Division Manger, and his team

for their work after Hurricane Ian and the floods.

CHAIRMAN'S REPORT

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to appoint

Genevieve Baranuk-Delgado to the Committee on Aging as a mental health representative for

a three-year term expiring December 31, 2025.

The motion carried by the following vote:

District 4 Amy Lockhart, District 5 Andria Herr, District 1 Bob Dallari,

and Jay Zembower

Aye:

District 3 Lee Constantine

Absent:

Chairman Lockhart advised unless something has changed, the language on historical

markers is supposed to come to the BCC on the consent agenda for approval.

COMMUNICATIONS AND/OR REPORTS

1. Memo via email dated February 24, 2023 from Nadia Todor, Budget Officer, City of

Oviedo re: City of Oviedo’s Community Redevelopment Agency (CRA) FY 2022/23

Budget Amendment Resolution No. 150-23.

2. Letter dated March 3, 2023 from Linda Radun, Citizen, to BCC and County Manager

Darren Gray re: Animal Cruelty Database/Registry.

FUTURE AGENDA ITEMS

12.

Future Agenda Item Request - Historical Commission Crow Funding

(Commissioner Zembower)

2023-279

Commissioner Zembower reviewed his request. There was Board discussion. Mr.

Gray advised staff will be prepared for a full presentation at the next meeting.

PUBLIC COMMENT (Items not Related to the Agenda)

Teresa Engels addressed the Board to express concerns of excessive speeding on her street.

Commissioner Herr advised her office and the County Manager's Office will be contacting Ms.

Engels.