BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JUNE 14, 2016
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, June 14, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Chairman Horan gave the Invocation followed by a moment of silence in reverence of the 49 people killed in the Orlando mass shooting. Aricka Lively, Technician from the Building Division who has served in the Army, led the Pledge of Allegiance.
The Business Spotlight video for Coffee and Canvas was presented.
AWARDS AND PRESENTATIONS
Item #1 – A-2222-16
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt appropriate Resolution #2016-R-92 recognizing Paula Johnson, Fleet and Facilities Division, for 40 years of service to Seminole County Government and its citizens.
Ms. Johnson addressed the Board to express her appreciation.
Item #2 – A-2267-16
Representative Robert Cortes addressed the Board and stated he is here with Representative Scott Plakon and Senator Simmons to present a Post-Legislative Update. He mentioned that Representative Jason Brodeur is unable to attend and he sends his regrets.
Representative Plakon addressed the Board and stated that his perspective is unique in that he served twice in the State Legislature, and in the first four years, they had a global economic meltdown. At the state level at that time, he felt if they just “hold the course” and keep a low-tax environment, there would be a better day ahead. He stated they are now seeing that better day, and because of fiscally responsible decisions that the State of Florida and the Seminole County Commission have made, they are now in a position to really help Seminole County. On a state level, it is particularly striking if you compare their activities during that time with some of the other states like New York and Illinois that are having very difficult budget crises right now. In fact during that period, the State of Florida actually increased their bond rating. He said he believes what they share with the Seminole County Commission is commitment to a low-tax, high-jobs economy and because of these decisions, they are now seeing that bear fruit, some of which they will talk about today. He added this has been a team effort among all of them in the delegation and with this Board of Commissioners as well.
Senator Simmons addressed the Board and stated that this last session was in fact a “home run” for the State of Florida. He stated the unique perspective with Seminole County is they work as a team, and they have been able to accomplish a tremendous amount this last session. He thanked the Board for the teamwork the Commissioners have had with them as their legislative delegation.
Representative Cortes displayed a PowerPoint presentation (received and filed) and reviewed Session Highlights and stated he is happy to say they had a balanced budget that was also on time. He reviewed “What’s in the budget?” which totaled $82 billion and then displayed a pie chart stating that 41.7% of the state budget goes to Health Care, which includes the federal match, and it is the largest portion of their budget. The second largest is education and they had record funding in education this session, and they saw it locally here with Seminole State College being a huge beneficiary; they just had the groundbreaking for the student services building last week.
Representative Cortes covered the remaining bullet points on the List of Important Projects funded in Seminole County saying this is one reason they were so excited to come to present to the Board today. He said Seminole County did extremely well and he thinks more so than anyone else throughout the state. He added they received many emails from the Commissioners regarding SWOP (Seminole County Work Opportunity Program which was changed to Inspire) and they were able to get the funding for it after it was vetoed last year.
Representative Plakon congratulated the Commission for being the first county in the state to directly address the problem with the bears in the western part of the county, which is the district that he serves. At the beginning of the session, he and the rest of the delegation put together the idea that they could take the fees from the bear hunt and apply those to actually try to solve the problem. They then wrote proviso language in the budget and not only got $375,000 but an extra $125,000 to be applied to counties in the state that have bear ordinances, and Seminole County is the only county that has one right now. He congratulated the Commissioners for being proactive on that before the session started.
Senator Simmons stated with respect to Seminole State College, in addition to the student center, there was also another building funded for $12 million. They were able to help the City of Sanford with $300,000 for nutrient reduction at Lake Jesup and to allocate $313,060 to Operation GROW at the Seminole County Work Opportunity Program and $250,000 for Breaking the Cycle Institute for parents and children of domestic violence. He added there was $150,000 for the Seminole County Veterans Court. He stated they have been able to work together with Seminole County as a team to create a tremendous success this year.
Representative Cortes advised that not included on the slide is Seminole County high-tech manufacturing that is coming to Lake Mary High School; they were able to get some funding to get that going. Also, Altamonte Springs received some funding for a water project.
Representative Cortes remarked the reason they are talking about these successes is because when they go back to session next year, they want to be able to repeat this. He said they cannot be of service if they do not know what the needs are, so constant communication from both the cities and the counties to the delegation is important to let them know what is needed. He added that none of this could have been done without the tax cuts that were implemented by the Legislature. They were shooting for $1 billion but did not quite get to that.
Representative Cortes displayed Important Tax Cuts and said that very important to Seminole County is $428 million in property tax relief. He explained they increased funding for schools, and this is called tax relief and not a tax cut because instead of being a burden on homeowners at a rate of about $54 per homeowner, the State actually picked up the tab. He then reviewed the list of tax cuts.
Representative Cortes stated in regard to some of the local impact bills, some of them did not pass which is a good thing because they would have had a negative effect. He covered the Unpassed Local Bills slide which included Firefighter Cancer Disability Presumption (CS/SB 456 and HB 345), Red Light Cameras (CS/SB 168 and HB 4027), and Communications Services Tax (SB 256) stating this one would have been detrimental to Seminole County. He added that HB 7059 regarding municipal election dates would not have affected the counties but it would have made November across-the-board general elections for everything, but the problem they had with that was it conflicted with a lot of the Charters of the municipals, but it did not pass.
Representative Cortes then reviewed local bills that passed including Amendment 1 to HB 989 which will provide long-term funding for the Everglades, Florida’s springs and Lake Apopka; and CS/SB 416 regarding location of utilities equipment, although it was a watered-down version which is good. Also Public-Private Partnerships (CS/SB 124) passed; however, he knows that Seminole County does have a procedure for this. He stated he knows the Juvenile Detention Costs (CS/SB 1322) bill is important to Seminole County in an indirect way. He explained that for years, every time they asked for the money owed to Seminole County, they would say until the others were settled, they cannot do anything. So this bill settled with everybody else in the state; unfortunately, it was passed on the last day of session and he was not able to get the funding in for Seminole. However, they made some huge strides coming out of this bill when it was passed. He indicated they are confident that Seminole County will be made whole in the next coming year because there is no longer the excuse that they have to wait for all the other counties to be settled.
Representative Cortes advised they had several delegation member bills. He filed HB 155 and it did not pass; however, he said one good thing that came out of 155 is that it got the discussion going on local transportation efforts through SunRail and Lynx and other things that are moving forward. They do also have a study that is coming forward in about eight months that they will share with Lynx.
Representative Plakon noted they have an issue that about 42% of people refuse the DUI test and “life is better for them.” A bill that he and Senator Simmons worked on regarding this did not pass but they will be working on it again next year. Also in terms of other member bills, he worked with the Department of Business and Professional Regulation that passed a major deregulation bill. He opined that seems to be a little bit of a theme in Tallahassee, more deregulation, but it also streamlines the supply side for pharmacies with some new federal bills that have passed. In addition this year, with his prime co-sponsor Representative Cortes, they passed HB 43 regarding religious freedom, which was one of the first in the country to pass after the Supreme Court decision last year.
Representative Plakon said being a six-year member now, he is kind of learning as he goes and he has come to believe that passing bills is a good thing but stopping bills is sometimes a better thing. This past year someone was in his office and pointed to the Florida Statutes, which is about 5 volumes now; and about 20 years ago, it was only 3 volumes. He thought that is a lot of laws, and so next year, his personal mission is to hunt down bad ideas and try to stop them. So he asked the Commission to contact him if they see bad legislation going forward.
Senator Simmons stated that going back to the summer of 2013, he started working on the concept of preserving their springs, and obviously because of the Wekiva basin, this has a tremendous impact on Seminole County. People said he was crazy and nothing would ever get done because they had been trying to do something in the way of comprehensive legislation to preserve the springs and aquifers for 30 or 40 years, and due to the differences between those who are in the agricultural business and the environmental advocates, that it would never get done. He opined that persistence erodes resistance, and through 2014 and 2015, he and four other senators put together a package that not only included protection and preservation but a set of rules to get the job done here in the State of Florida for the springs, the Floridan and Biscayne Aquifers, for Lake Okeechobee, and the Everglades. This landmark legislation passed last spring and will give a time period for the job to be done to clean up the springs and the Floridan Aquifer. They then went ahead and funded it at a minimum of $50 million per year, and he explained it is dedicated funding. He stated this was a tremendous win for the State of Florida and for Seminole County.
Senator Simmons said he sponsored SB 1534 which deals with housing assistance and the issue of homelessness. They were able to pass that bill without raising any taxes, allocating a certain amount of the SHIP monies, which are the State Housing Incentive Partnership program monies that go to local governments, so they have the flexibility to address the issue of homelessness. He said the Governor spoke about how this will change the homelessness issue here in Central Florida. He added in Seminole County there is a significant problem of families who are homeless and this changes the way that issue is addressed with rapid rehousing being suggested as the method to stabilize the family by permitting them to get on their feet and move forward, because many of them were so affected by the problems of the great recession.
Senator Simmons stated he has been an advocate since he was in the House of Representatives of the extra hour a day for low-performing schools, and for 300 elementary schools, that funding became permanent this year. It has had a dramatic impact for those children who are in the low-performing schools which are schools made up of children who are minorities and in poverty. He mentioned the Legislature chose to make that funding of almost $70 million permanent for the schools to go an extra hour a day for intensive reading instruction, and these children can and do learn when given the opportunity.
Senator Simmons thanked the Board for working with them and stated there were many more things they were able to pass that they could talk about, but they have presented a couple of really important ones that they were involved in.
Commissioner Carey stated the GREY2K USA Worldwide has gone through a signature process in this county to get something on the ballot regarding greyhounds. The County is preempted by State Law, Chapter 550, about regulation of greyhounds; it is the State’s responsibility. She noted there are some funds that have been set aside that have been approved in the appropriation for this coming year for rulemaking. She added that cruelty to any kind of animal is unacceptable, but it is the State’s responsibility, particularly with the greyhounds, to govern that and make rules for that. She wondered if they had been having any discussions about some strict rulemaking for that population of greyhounds.
Representative Cortes advised that anytime they open a statute that has to do with greyhounds, it opens a statute for gambling. Pari-mutuel leads to card rooms and card rooms lead to slot machines. Even as far as trying to decouple the races, the greyhound folks were in favor of that. He stated they are not in any particular discussions right now, but he will make sure he gets any information to her on that. Commissioner Carey reiterated there is appropriation specifically for rulemaking to deal with the cruelty of animals and how it is reported. Representative Cortes explained that he sits on the rulemaking oversight committee; it can take up to a 24-month period for the rulemaking process before it comes back to them, and in this past session, they did not have anything come back to them in the rulemaking process. Commissioner Carey opined she would like to see it sooner versus later.
Commissioner Dallari stated that it is a pleasure to work with their legislative delegation and appreciates that it is easy to reach them and the Board’s phone calls are always returned. He also thanked them for working closely with the Commissioners on various topics including the rest stop issue on I-4. Representative Cortes expressed that part of what makes them be of service is the communication with the Commission, and it is important because if they do not know what is wrong, they cannot be of help. He added working together as a team is also what has made them successful.
Commissioner Dallari stated in regard to the rest stops, they have been informed that Volusia County does not want them relocated there. They have asked FDOT for air quality samplings for those two locations and the Board received an email from them that they will be doing that. There is an issue right now with the “No Parking” signs that they put up as far as how to enforce them and where they are installed. Representative Cortes advised the discussions with FDOT Secretary Boxold continue. Senator Simmons said they have worked together with the Commissioners on this to deal with moving the rest stops to another location, which they thought was going to be in Volusia County. He noted he represents a significant portion of Volusia County. He understands the issue that has arisen with respect to the actual location of these rest stops, and Longwood is not the proper place for these, particularly with the expansion going on with I-4. He opined there is just too much congestion there to have rest stops and he is committed to work to get them moved. He stated he thought that they were going to be moved based upon his conversations with Secretary Boxold and others this last spring. He advised he is going to request a meeting with the Secretary and ask one or all of the Commissioners to attend that meeting. Also, he said they continue to work with the homeowners who are in that area who are active in trying to solve this problem.
Commissioner Dallari remarked that one of the issues that has arisen through time is that with the expansion of I-4, they know that additional stormwater ponds have to be built and he doesn’t think anyone has an issue with that; the issue is the expansion of the rest stops. FDOT has agreed not to expand them but they are trying to reshape them and he believes they should be saving money if the rest stops should not be there and suggested they just turn them all into retention ponds if they are needed by I-4 and be done with it.
Commissioner Constantine advised that a portion of this is in his district and he believes it is very important they find alternatives that both Seminole and Volusia counties can be comfortable with. He had a conversation with FDOT District 5 Secretary Downs yesterday and she indicated that she is going to be sending a letter to Judge Dom Salfi and others in that area to express again the DOT’s concerns and commitment to do this. He stated this is an issue that they could go back a decade or more in trying to solve and it is hitting a critical mass now, and there is no excuse now in not recognizing the fact that Longwood and that rest stop at Exit 94 is not a good location on the east or the west side. The main component, as it always is, is going to be funding, and funding can only come to the DOT through the Legislature. Commissioner Constantine opined that to spend more money to put into those rest areas for a long-term commitment is a waste of money. He added as Commissioner Dallari indicated, he believes this is going to be one of the most important issues in transportation that they need to address this next year from a legislative standpoint.
Commissioner Constantine noted that the Health and Human Services budget is larger now than the entire State of Florida’s budget was in 1993 when he was on the Appropriations Committee. He said that number will continue to escalate with the trend of the aging of those in Florida. He said this will be an issue they will need to continue to address. As the State grows and the budget grows, a larger proportion of the budget will go into Health and Human Services, which is also going to be a long-term issue that will need to be addressed.
Commissioner Carey stated she has one reminder that while the toll-within-a-toll project that the Turnpike was proposing has been taken off the deck, they still have a four-county expressway authority that has been established. She expressed that toll roads within the four-county area really should be under the jurisdiction of the Central Florida Expressway Authority (CFEA), so they need to continue that discussion to talk about the potential purchase or some way to try to fix the situation with SR 417, particularly in Seminole County, to get it under the jurisdiction of CFEA. She added right now they have two sets of policies. She suggested the Turnpike could take the funds from that asset and put them into any investments around the state and there is no reason they need to hang onto it. She added another issue is that the funds that get collected on SR 417 in Seminole County right now get spent elsewhere in the state, and if it was under CFEA’s jurisdiction, they would be spent in the region. She stated she looks forward to continuing to work with the delegation on these issues, and she hopes they can get that done this year.
Senator Simmons stated as the sponsor of the bill in the Senate that created the CFEA and the fact that it gives Seminole County a voice in the planning and implementation of the toll roads here in Central Florida, he is committed to working with the Commissioners. He advised he met with the Executive Director, and he knows this is an issue that is important to all of Seminole County. He said they should talk about it and see what they can do to get done what Commissioner Carey spoke about.
Chairman Horan stated their legislative delegation works very hard and it has been a pleasure and honor to work with them. Representative Cortes thanked the Board for giving them the time to share some information of what happened in this session. He added they look forward to doing more of the updates and asked the Board to feel free to reach out to any of them any time.
Integration of P.A.Y. and Probation
Item #2A – A-2326-16
Seminole County Sheriff Don Eslinger addressed the Board to present their overall strategy when it comes to juvenile delinquency and the delivery of youth services. He thanked the Board for their support over the years to allow them to implement these initiatives that he believes have made a tremendous difference not only in the lives of their youth and families in Seminole County but are credited with the crime reduction over the years.
Sheriff Eslinger explained he would like to give an overview of exactly what they do now and how both initiatives would be integrated into their overall strategy and enhance their overall efforts to provide these services to the people of the community. He acknowledged the efforts of the County Attorney’s Office and particularly David Shields in helping them get to this point today. He added there is no other agency in the State of Florida, no other sheriff’s office or municipality that has such a broad, comprehensive approach to juvenile delinquency and youth services. No other agency provides the services that they do. He thanked the Commissioners for their overall support in this endeavor.
Chief Deputy Dennis Lemma addressed the Board to present a PowerPoint presentation (received and filed) entitled Department of Youth Services, Juvenile Justice Division and Child Protective Services. Chief Lemma stated that what they do extends beyond the traditional expectations of any law enforcement organization and it really starts with the investment made in the youth of the community, which benefits them in the future.
Chief Lemma advised they know that crime and delinquency starts with truancy. Last year they put together a truancy task force in partnership with Seminole County Public Schools. There is a 50/50 split in funding for a truancy coordinator. He explained that when children are away from campuses, they are taken to the Juvenile Assessment Center (JAC) where they are individually assessed and then brought back to the campus because the last thing they want to do is to take a child that is skipping school and allow them the flexibility to remain off of campus because they know how important the educational component is. They are assessed for needs and services, and contact is made with the parent or guardian to make sure they are involved in the process.
The Civil Citations slide was displayed and Chief Lemma stated that what they do here in Seminole County is unique, and they have one of the highest participation rates in the state because they evaluate every one of the children that are suspects of crime, specifically a misdemeanor where a civil citation is appropriate. He said they think there is a benefit to actually engaging with the child, transporting the child to the Juvenile Assessment Center, and immediately evaluating the child for needs and services, and once again engaging the parent or guardian in that process. He added there is a direct correlation between the criminal act or delinquent behavior and the consequence because that consequence is administered within the first 48 hours. Sheriff Eslinger added that with civil citation, it is a pre-arrest diversion that is the decision of the law enforcement officer or deputy sheriff that is involved in that particular case as opposed to the prosecutor. He advised that about 70% to 80% of their children that go through the JAC are diverted to some type of pre- or post-arrest diversion program, and P.A.Y. is a tool that is used for that as well.
Chief Lemma discussed Transition Services. He stated this is in partnership with DJJ where they assess and help children who are transitioning back into the community, many times from a commitment program to address those underlying causes that lead to criminal and delinquent behavior. He noted that the Sheriff has always pledged that crime is a symptom of another problem, and if they truly want to be successful, they must address those underlying causes and contributing factors that lead to that. He listed those risk factors and stated this mentorship and educational responsibility are not reserved for only individuals who are court ordered to participate in that program, but often law enforcement referrals, school board, school social workers, and parents of students or children have the opportunity to be assessed and participate in this type of program.
Chief Lemma discussed the Eugene Gregory Memorial Youth Academy, which is a middle school, high school, and GED program that is provided at the Sheriff’s Office for children who have been expelled from Seminole County Public Schools. They understand that remaining home is probably not where they want people to be that were expelled from school. These are individuals who have not only committed a crime but they may have committed an act of delinquency at the school and that consequence was to be expelled. He advised they have had significant success with graduation rates and high school GEDs, so it is a great success there. He stated another group that the Sheriff mentioned are those juveniles that are coming in from commitment programs, from the DJJ, and as opposed to going into the public schools, they are attending this youth academy as well.
In regard to the Consequence Alternative Sanctions Unit, Chief Lemma said he underscores the word “consequence” because when the word “punishment” is used, it suggests law enforcement is doing something to them, but “consequence” suggests that they have done it to themselves. He mentioned they have had great success with this, and this is for youth who have violated terms of probation or conditional release. They spend 7.5 hours of instruction inside the classroom combined with 4.5 hours of community service, actually paying back to society. Sheriff Eslinger added that this is also a judicial referral; when they violate the terms of conditions of community control, they go in front of the judge who will then refer them to the Consequence Unit.
Chief Lemma displayed Project S.W.E.A.T. (Sheriff’s Work Ethics and Training). He expounded that this is offered two Saturdays per month and it is an 8-hour day. Individuals and youth are fulfilling their community service hours. When looking at the amount of hours that are offered back into not only the community directly but to other non-profit organizations, it can be equated to approximately $30,000 worth of value based upon the minimum wage rate. Again, this is offering a consequence in a structured environment where staff can offer mentorship and guidance along the way.
Chief Lemma covered Operation Right Track stating it is probably one of the most successful juvenile intervention programs; it is made for youth on the verge of delinquency. It offers them an avenue of intervention so they do not continue to follow down a path of criminal behavior. He noted this has been in the Sheriff’s Office for nearly 20 years and it is a 2-day program. The first day is an academy-style program that lasts 12 hours developing personality traits and character keys. More importantly, the second day is when the child and the parent and/or guardian work together for life skills, mentorship and all those things that are so important when guiding a child’s behavior away from delinquent acts. He pointed out that this is offered as a court-ordered effort, a diversion, or school, social worker or parent referral.
Chief Lemma reviewed the Benefits of Sheriff’s Office Administering P.A.Y. He explained that a law enforcement officer, deputy sheriff, or police officer makes an arrest which is usually after some initial contact either by behavior or in the case of juveniles, often times school resource functions. They are then taken to the Juvenile Assessment Center to participate in a full and thorough screening process to identify the underlying cause of that delinquent or criminal behavior. If the law enforcement officer supports it, they are then referred to the P.A.Y. program. At that time the P.A.Y. program makes contact with the family to offer services. Often times it is to redirect them back to services that the Sheriff’s Office is offering already. Some of the most referred services include Civil Citation, the Explorer Program, Operation Right Track, S.W.E.A.T., or Breaking the Cycle which is an organization they support both fiscally as well as by other means.
Chief Lemma displayed a bar chart and a pie chart stating the Sheriff is one of six sheriffs in the State of Florida that has taken over child protective investigations which is very unique. He advised their office has handled this for approximately 16 or 17 years, and that includes all abuse, neglect and abandonment cases that are called in to Seminole County. This is so they can co-respond or collaterally respond to be aware initially on all of those significant reports of abuse. He advised they investigate nearly 4,000 cases per year, and often times they are seeing many of the same families over again. A child is 14 times more likely to display maladaptive behavior if they have been a victim of abuse, neglect or abandonment. Sheriff Eslinger added that about 80% of the children that are involved in delinquent behavior are also subject to these hotline calls. They are called “crossover children” and everyone recognizes how these wraparound services will truly benefit not only that child but the child’s family. He added that not only is the crime rate one of the lowest in Central Florida, but with the population in the unincorporated area, it is one of the lowest in the state. Further indication is that their adult incarceration rate is one of the lowest, if not the lowest, with a population of over 400,000. They did a space needs study about 20 years ago that estimated their jail population at well over 2,500; as of today, they have only 800 adult inmates incarcerated within their facility. He said he believes it has worked over the years and how you face the threat of crime and drugs and social disorder in the community today will determine the success or failure as a community in the future. He thanked the Board for their continued support relative to these programs.
Sheriff Eslinger stated in regard to probation, they have had a great collaborative relationship with county probation which is unlike any other in the state.
Chief Lemma displayed Benefits of Sheriff’s Office Administering County Probation. He stated that what they do at the Seminole County Correctional Facility extends well beyond the traditional care/custody/control. They believe it is their responsibility to the community to try to correct behavior. In criminal justice, the word “rehabilitation” is often used, but they think that as prevalent is the word “habilitation.” When thinking about rehabilitation in the purest sense means make what it once was, but for some who are incarcerated, they were never right in the first place. So they have to look at non-traditional ways to address those underlying causes that lead to criminal behavior. They have various re-entry components and partners and that process often starts in the facility but it extends back out into the community. He added that probation is a form of community corrections and plays a significant part in the overall habilitation or rehabilitation of offenders, so there is a continuation of the services they receive inside. Some of those services are the GED or adult education programs, that upon their release, they will then partner with probation to ensure they continue to be enrolled and participate in a variety of these programs. Additionally, not only members of the Sheriff’s Office, but law enforcement officers working in any one of the municipal jurisdictions have a great benefit of knowing who the people are in their communities who have recently been released and what their previous charges are. Again, not to focus on them in terms of their criminal past but to provide services to ensure they are going to be successful in their communities.
Chief Lemma pointed out that electronic monitoring is something they have had great success in with a variety of programs. Even as a pre-adjudication or a condition of a sentencing, it has shown great success and minimized the fiscal impact on some more traditional operations. So, this is why they are partnering with county probation now; and consolidating that will only streamline the process, increase communications and ensure that that philosophy of not only corrections but law enforcement services is shared by all members working in all parts of this process.
Chairman Horan noted that this item is on the Consent Agenda today and the Board has been thoroughly briefed. He believes it makes a lot of sense to have the Sheriff’s Office administer these particular programs. He added as a member of the Juvenile Justice Advisory Board, he knows how closely these programs work together and how seamlessly they operate in terms of this, especially through the P.A.Y. program.
Commissioner Carey stated the partnerships they have had with the Sheriff’s Office, particularly with the Juvenile Detention Center, is a model for the state and the nation. She said they have done a wonderful job there and saved $1 million per year by having them operate it and the outcome is so much better. She feels that putting criminal justice and juvenile justice under one umbrella makes more sense to be able to manage it. She thanked them for being here.
Sheriff Eslinger replied that the intent today was to remind them of all the services they do provide that are kind of non-traditional to a typical sheriff’s office, and there is no other office in the state that has such a broad, comprehensive approach to this. Chairman Horan thanked Sheriff Eslinger and stated the Board really values the great partnership they have with his office. Sheriff Eslinger stated they have a great team, a talented staff that is totally committed to the overall strategy who works above and beyond, on a daily basis, to provide services to the families in Seminole County which has made a huge difference in their quality of life. He thanked the Commissioners stating he is proud of their people.
Chairman Horan recessed the meeting at 10:45 a.m., and reconvened at 10:50 a.m.
COUNTY MANAGER’S CONSENT AGENDA
With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Nicole Guillet, County Manager, advised that staff is requesting Item #7 regarding a CSBG Child Care Services Program Subrecipient Agreement, and Item #11 regarding an FDOT Quiet Zone Improvement Agreement, be pulled from the Agenda and brought back at a later date.
Commissioner Henley stated he would like to pull Item #18 in regard to funding sports event incentive sponsorships for a separate vote, and he will be filing a Voting Conflict Form for Item #20, an agreement with Altamonte Hospitality for the Seminole County Sports Complex.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve the following:
County Manager’s Office
4. Approve the Interlocal Agreement between Seminole County and the Seminole County Sheriff's Office assigning duties, responsibilities, and personnel for the Probation Division to the Seminole County Sheriff's Office. (A-2200-16)
5. Approve the Interlocal Agreement between Seminole County and the Seminole County Sheriff's Office assigning duties, responsibilities, and personnel for the Prosecution Alternatives for Youth (P.A.Y.) Division to the Seminole County Sheriff's Office. (A-2182-16)
Community Assistance Division
6. Approve and authorize the Chairman to execute Modification Number 1 of Agreement between the Florida Department of Economic Opportunity Community Services Block Grant (CSBG) Program and Seminole County to increase the total amended CSBG allocation amount to $325,721 for FY 2015-2016. (A-2260-16)
7. Pulled from the Agenda request to approve an Early Learning Coalition of Seminole Community Service Block Grant (CSBG) Child Care Services Program Subrecipient Agreement to provide summer daycare assistance to income-eligible households of Seminole County. (A-2268-16)
Planning & Development Division
8. Adopt and authorize the Chairman to execute appropriate Resolution #2016-R-93 establishing a permitting process for the temporary staging of construction equipment, supplies, sheds and field offices on private property for federal, state, and county-funded public infrastructure improvement projects. (A-2251-16)
Greenways & Natural Lands Division
9. Approve a proposed distribution of art created from “The Senator” cypress tree, approve and authorize Chairman to execute Senator Artwork Gift Agreements with select entities, and approve a proposed distribution of art created from “The Senator” as a permanent museum exhibit, traveling exhibit, and gifts to other entities. (A-2231-16)
Library Services Division
10. Approve and authorize the Chairman to execute an Entertainment Services Agreement with the Brent Gregory Company, LLC to provide children’s programs at the branch libraries as part of the Summer Reading Program 2016. (A-2140-16)
11. Pulled from the Agenda request to adopt a Resolution and a Quiet Zone Improvement Agreement (Amendment Number 1) between Seminole County and FDOT, for additional improvements required at the railroad crossings located within the geographic limits of the SunRail Corridor in Seminole County. (A-2197-16)
12. Approve and authorize the Chairman to execute the Acceptance by Seminole County of the Monitoring Well Easement from Richard Hill pertaining to the property located at 1033 Seminola Boulevard, Casselberry, east of the former Cumberland Farms Store #0980 property located at 100 North Winter Park Drive, owned by the County. (A-2238-16)
13. Approve and authorize the Chairman to execute a Utility Easement between Seminole County and Lake Harney Water Association, Inc. for the purpose of providing water to the Jolly Gators Fish Camp Bar and Grill facility on the north side of C.S. Lee Park. (A-2263-16)
Budget and Fiscal Management Division
14. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-94 implementing Budget Amendment Request (BAR) #16-063 through the Water and Sewer Operating Funding to reallocate budget in the amount of $11,500 for an XC2 Software Program. (A-2237-16)
15. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-95 implementing Budget Amendment Request (BAR) #16-065 through the Community Services Grant Fund in the amount of $665,889 for appropriation of the carryover of un-obligated Year 5 funding into Year 6 of the Substance Abuse and Mental Health Services Administration Child Mental Health Initiatives Grant Program. (A-2184-16)
16. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-96 implementing Budget Amendment Request (BAR) #16-067 through the Libraries-Designated Fund in the amount of $1,000 to recognize contributions received from the Oviedo Women's Club and appropriate expenditures for additional eBooks for children and teens. (A-2224-16)
17. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-97 implementing Budget Amendment Request (BAR) #16-068 through the General Fund to appropriate budget of $130,000 from Reserves for a grant to Leadership Seminole, Inc. to pursue the development of a community-driven plan to eliminate homelessness in Seminole County. (A-2240-16)
18. Pulled by Commissioner Henley for a separate vote.
Purchasing & Contracts Division
19. Award RFP-602536-16/GCM, Term Contracts (2) for Neighborhood Stabilization Program (NSP) Real Estate Professional Services to Betty Butz Realty, Inc. d/b/a The Devinney Real Estate Group, Longwood, and Direct Sell, Inc. d/b/a Weichert Realtors - Hallmark Properties, Oviedo; and authorize the Purchasing & Contracts Division to execute the Agreements. (Seminole County will pay commission based on sales price on each property as stated in the Agreements.) (A-2247-16)
20. Pulled by Commissioner Henley for a separate vote due to a voting conflict.
21. Approve an increase to the Board-approved Estimated Term Usage under PS-8005-12/RTB, Final Engineering and Design Services for Wymore Road Improvements, from the Orange County Line to Spring Valley Road, by an additional $350,000. (A-2234-16)
22. Approve an increase to the Board-approved Estimated Annual Usage under CC-0559-15/RTB, Master Services Agreement (MSA) for Public Works Minor Construction Projects with Costs Less Than $2,000,000, by an additional $4,000,000. (A-2230-16)
23. Approve Work Order #53 under PS-8148-12/JVP-MSA (Howell Creek at Red Bug Lake Road Improvements, Segment 1) for CEI Services for Projects Less Than $2,000,000, with Atkins North America, Inc., Orlando, in the amount of $130,481.39; and authorize the Purchasing & Contracts Division to execute the Work Order. (A-2167-16)
24. Approve an increase to the Board-approved Estimated Annual Usage for PS-8148-12/JVP, Master Services Agreement for Construction and Engineering Inspection Services for Projects Less Than $2,000,000, by an additional $1,500,000. (A-2229-16)
25. Approve an increase to the Board-approved Estimated Term Usage for PS-5738-10/JVP, Design & Environmental Permitting for a Project Development & Environmental Study by an additional $100,000. (A-2225-16)
26. Approve ranking list; authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiations Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-0592-16/RTB, Final Design Services for SR 434 and CR 427 (Ronald Reagan Boulevard) Intersection Improvements; Estimated Term Usage $850,000. (A-2183-16)
27. Award RFP-602539-16/GCM, Term Contract for Traffic Data Collection Services to Luke Transportation Engineering Consultants, Inc., Maitland; and authorize the Purchasing & Contracts Division to execute the Agreement; Estimated annual usage for this project is $100,000. (A-2212-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
Item #18 – A-2257-16
Commissioner Henley advised that he will be voting “no” on this item. Danny Trosset, Sports Tourism Manager, addressed the Board regarding a request for additional funds to help support the sports event incentives that are provided for sports tournaments and events. He reminded the Board that the original amount that was budgeted for this was $200,000 prior to the completion of the new Sports Complex. They presented to the TDC (Tourism Development Council) on March 17th and they unanimously approved adding $135,000 for event sponsorships.
Mr. Trosset advised they do not pay out for events until they actualize room nights, so just because an event is awarded funding, once the event is over, they get documentation from the hotels that actualize the total room nights. In many cases, if event organizers do not hit their room night guarantee, the amount of funding paid out is substantially less than what was awarded. He noted that potentially they will have about 30,000 room nights total for this fiscal year which is a significant increase in the amount of room nights that they did last year. He added that most destinations across the state provide funding for large events that generate a substantial amount of room nights. He pointed out that other destinations may provide funding prior to the event and they award funding regardless of the amount of room nights they had.
Ms. Guillet stated that the request for an additional $135,000 is based upon their anticipated number of tournaments. They are booked well in advance and these incentives are used primarily to pay for facility rental fees, so they actually go back into the complex, and they are used for some marketing.
Commissioner Carey remarked that they had talked about the anticipation that this would happen either in this budget year or the next budget year.
Commissioner Henley explained that he is concerned about the huge incentives that are given out so he would like to have staff do some research because they have been giving incentives for a long time but not at the rate they are now and planning on doing. He said when you give a $25,000 incentive to come here and play and it returns to the County in the way of sales tax for around $11,000, it concerns him particularly since for many years they contracted with the Sports Commission for $120,000 to bring events here and now they are paying $350,000 plus all this incentive money to do the same thing that they were hired to do before. He added that they do not know the drawing power of this facility yet because they have started to offer these big incentives before they really knew, and once you start it, you will not be successful in stopping it.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute appropriate Resolution #2016-R-98 implementing Budget Amendment Request (BAR) #16-070 from the Professional Sports Franchise Fund Reserves in the amount of $135,000 to fund sports event incentive sponsorships.
Districts 1, 2 and 5 voted AYE.
Commissioners Constantine and Henley voted NO.
Commissioner Dallari inquired as to whether they can have the County Manager have her staff put together a spreadsheet of various counties that are the same size in a geographic area so they can see what incentives they are actually doing and what their incomes are. Commissioner Carey added they need to look at other facilities similar to the Sports Complex so she believes they need to look outside the state to see exactly what their competition is. Chairman Horan opined it is a great idea especially in this competitive environment to see what their competitors are doing and asked the County Manager to prepare the appropriate document on this.
Item #20 – A-2248-16
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve Amendment #1 to RFP-602505-16/BJC, Revenue Contract for Food and Beverage Concession Services for the Seminole County Sports Complex, to Altamonte Hospitality, LP, Altamonte Springs; and authorize the Purchasing & Contracts Division to execute the Amendment.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley abstained from voting and filed a Memorandum of Voting Conflict form (received and filed).
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the following:
28. Approve Expenditure Approval Lists dated May 9, 16 and 23, 2016; Payroll Approval Lists dated May 5 and 19, 2016; and the BCC Official Minutes dated May 10, 2016. (A-2258-16)
The Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Pet Rescue Cooperative Service Agreement with Bull Terrier Rescue of Florida, Inc.
2. Contract for Services with Terry Myers.
3. Conditional Utility Agreement for water, wastewater or reclaimed water services with Epic Retail Oviedo, LLC.
4. Seminole Work Opportunity Program (SWOP) CDBG Subrecipient Agreements Program Year 2015-2016 with Kathleen Anderson Comprehensive Work Center, Inc. and Hope Helps, as approved by the BCC on July 28, 2015.
5. 2016 Champions Cup Tourist Tax Funding Agreement with Orange County Soccer Club, Inc. d/b/a Florida Rush Soccer Club.
6. 2016 Empire Strikes Back Youth Baseball Tournament Tourist Tax Funding Agreement with Nations Baseball of Greater Orlando, Inc.
7. Adidas Power 32 Super Showcase Tourist Tax Funding Agreement with D9 Events Management Company, LLC.
8. Copy of fully executed Florida Department of Agriculture and Consumer Services Annual Certified Budget for Mosquito Control, as approved by the BCC on September 22, 2015.
9. Work Order #15 to PS-0009-15 with CPH, Inc.
10. Work Order #16 to PS-0009-15 with Pegasus Engineering, Inc.
11. Change Order #1 to CC-0191-15 with TLC Diversified.
12. Change Order #2 to CC-0194-15 with Prime Construction Group.
13. Work Order #8 to RFP-0336-15 with Site Secure, LLC, a Miller Electric Company.
14. Closeout to CC-0482-15 with Proshot Concrete, Inc.
15. Notice to Proceed for CC-0509-15 with MCG Services, LLC.
16. Notice to Proceed for Work Order #1 to CC-0559-15 with Prime Construction Group, Inc.
17. Work Order #2 to CC-0559-15 with Southland Construction, Inc.
18. RFQ-601545-12 Prosecution Alternatives for Youth (PAY) Program Counseling Agreement with Harmony Mental Health and Behavioral Services, LLC.
19. Ninth Amendment to RFP-601745-13 Term Contract for Pest Control Services with Apex Pest Control, Inc.
20. IFB-602546-16 Term Contract for Purchase of Network Equipment with Express Supply, Inc.
21. Amendment #3 to Work Order #1 to PS-7333-12 with CPH, Inc.
22. Amendment #1 to Work Order #10 to PS-8146-12 with Amec Foster Wheeler Environment & Infrastructure, Inc.
23. Amendment #1 to Work Order #42 to PS-8148-12 with Keith & Schnars, P.A.
24. Second Amendment to PS-8146-12 MSA with E Sciences, Inc. for National Pollutant Discharge Elimination System (NPDES) consultant services.
25. Work Order #52 to PS-8148-12 with Keith & Schnars, P.A.
26. Work Order #54 to PS-8148-12 with CDM Smith, Inc.
27. Work Order #23 to PS-8286-13 with Kittelson & Associates, Inc.
28. Change Order #1 to Work Order #6 to CC-9072-13 with BSE Construction Group.
29. Closeout to CC-9140-13 with Sawcross, Inc.
30. Work Order #9 to CC-9184-13 with Affordable Development.
31. Work Order #10 to CC-9184-13 with Affordable Development.
32. Closeout to CC-9575-14 with Young’s Communications Co., Inc.
33. Change Order #4 to CC-9650-14 with Eclipse Construction.
34. Approval Development Orders #16-30000012, 225 Twelve League Circle, Paul Starbird; #16-30000013, 190 N. Jungle Road, Jay Atkinson; #16-30000014, 112 Raintree Drive, Richard Wilson and Donna Tucker; #16-30000015, 201 Springside Drive, Darel and Suzanne Taylor; #16-30000016, 175 Whitcomb Drive, Glen and Tara Casel; #16-31000001, 325 Miller Road, William McClenney; and #16-31000002, 610 Michigan Street, Bruce Roberts, as approved by the BOA on April 25, 2016.
35. Approval Development Order #16-30000034, 728 Silver Birch Place, Eric McDonald and Katherine Cacho.
36. Development Order #15-32700001, Camouflage Communication Tower, 3800 Wekiva Springs Road, First Baptist of Sweetwater, Inc.
37. Recording of Plats for the project known as Acuera Lot 38 & Tract C with Attorney’s Title Opinion Letter.
38. Addendum #1 to DCA #16-20500015 for ZDA at S. Sylvan Lake (AKA Lake Sylvan Oaks) Planned Development.
39. Addendum #2 to DCA #16-20500016 for Preserve at Lake Sylvan.
40. Florida Public Service Commission, Consummating Order #PSC-16-0188-PCO-EI in regards to petition for rate increase by FPL, petition for approval of 2016-2018 storm hardening plan by FPL, 2016 depreciation and dismantlement study by FPL, and Petition for limited proceeding to modify and continue incentive mechanism by FPL.
41. Florida Public Service Commission, Consummating Order #PSC-16-0192-CO-GU in regard to petition for approval of Amendment #1 to Transportation Service Agreement with City of Lake Worth by Florida Public Utilities Company.
42. Florida Public Service Commission, Consummating Order #PSC-16-0208-PCO-EI in regard to petition for approval of 2016 revisions to underground residential and commercial differential tariffs by FPL.
43. Rider to Maintenance Bond #0629310 for a private road in the amount of $97,184.40 for the subdivision known as Reserve at Alaqua changing maintenance effective date.
44. Satisfaction of Lien for Case No. 14-51-CEB against Newbury REO 2013, LLC., as approved by the BCC on April 12, 2016.
45. Bids as follows:
RFP-602539-16 from Luke Transportation Engineering Consultants, Inc.; Accurate Traffic Counts, Inc.; F.R. Aleman & Associates, Inc.; Florida Transportation Engineering, Inc.; Traffic Engineering Data Solutions, Inc.; Vanasse Hangen Brustlin, Inc.;
CC-0664-16 from Florida Safety Contractors, Inc.; Central Florida Environmental Corp; Onopa Services, LLC;
IFB-602546-16 from Express Supply, Inc.; and
RFP-602505-16 from Hilton North Orlando, Altamonte Springs; Fielder’s Choice Refreshments; Red Raider Baseball Est, 1994, Inc.
29. Approve the Sheriff’s Office to execute and submit a Grant Application to the US Department of Justice, FY 2016 Edward Byrne Memorial/Justice Assistance Grant (JAG) Program; and authorize the Sheriff to sign future documents relating to the Grant. (A-2270-16)
Commissioner Carey noted that the Consent Agenda items were printed as being Item #5 through Item #28 and her motion earlier to approve the Consent Agenda was stated as being for Item #4 through Item #28. Therefore, she is correcting that motion, for the record, to approve Consent Agenda Item #4 through Item #27, in addition to the Constitutional Officers’ Consent Agenda Items #28 and #29; and the seconder agreed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Item #30 – A-2320-16
Pamela Lynch, Economic Development Division, addressed the Board to present a request to consider approval of a Resolution recommending that Allegiant Air LLC be approved as a Qualified Target Industry (QTI) business; and approval of the County’s required local financial support of $5,500 over FY 2016/17 to FY 2020/21, as local participation in the QTI Tax Refund Program. Ms. Lynch reminded the Board that the QTI Program is administered by the State of Florida and reviewed the requirements and details of the program.
Ms. Lynch reviewed the request as outlined in the Agenda Memorandum and stated the request involves the construction of a 45,000-square-foot training facility. She added the company is also looking at locations in Ashville, NC; Austin, TX; and Cincinnati, OH. She advised that Allegiant currently employs 403 full-time employees at the Orlando Sanford International Airport.
Ms. Lynch advised that the required local financial support for this incentive would be 20% or $11,000; and it is anticipated that the Sanford City Commission will approve their equal participation in the amount of $5,500 at their June 27th City Commission meeting.
Ms. Lynch noted that Bob Turk, City of Sanford, is present to answer any questions the Board may have.
Commissioner Carey stated that Allegiant has continued to expand at the Orlando Sanford International Airport, which is prompting the Airport Authority to look at a major expansion on domestic travel. She added that in a short period of time, the makeup of the traffic at the airport has been significant so she can understand why they would want to look at putting a training facility here, and she feels a small investment of $5,500 for their participation is very reasonable.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve appropriate Resolution #2016-R-99 recommending that Allegiant Air LLC be approved as a Qualified Target Industry (QTI) business; and approve the County’s required local financial support of $5,500 over FY 2016/17 to FY 2020/21, as local participation in the QTI Tax Refund Program.
Commissioner Constantine requested a friendly amendment that the approval of their financial support be subject to the City of Sanford approving their portion of the local financial support in the amount of $5,500. The motioner and seconder agreed to the amendment.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #30 and public input was closed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan recessed the meeting of the Board of County Commissioners at 11:10 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. 17-92 CRA
Item #3 – A-2120-16
Sonia Fonseca, CRA Program Manager, addressed the Board to state that some time ago the Board directed staff to investigate the challenges of stormwater along the U.S. 17-92 corridor. Subsequently, they engaged the procurement department and hired CPH, Inc. to conduct that study. They have completed Phase I of that study and are here to provide the Board with their findings and next steps.
Larry Wray, P.E. with CPH, Inc., addressed the Board and displayed a PowerPoint presentation (included in the Agenda Memorandum) entitled the Stormwater Master Plan Update. The Project Approach slide was shown and Mr. Wray stated they set this up in three phases and they are finishing up the first phase which was just the overall study. They did a lot of records searches to find the best ways to spend the money on stormwater improvements in the area. They are looking now to transition to Phase II where they will do a more detailed analysis to come up with cost estimates. At the end of that, they will transition to Phase III where they will actually do the design and permitting, and prepare for construction.
Mr. Wray displayed an aerial map, CRA Limits, and stated it extends from First Street in Sanford along the 17-92 corridor down to the southern boundary of Seminole County with Orange County, and it is roughly 13 miles in length. The Data Collection slide was shown. Mr. Wray stated this is a very large corridor and there are a lot of separate silos of data: the Water Management District has information, the various cities have information, FDOT has information, and the County has information. Mr. Wray explained they collected all of that and put it into one giant database, which helped them visualize what was out there to come up with the best solutions for moving forward.
The LIDAR and Basin Information were displayed. Mr. Wray stated the County previously had LIDAR data which was useful in getting some topographic information for this corridor; however, it was over 20 years old and in that time there has been a lot of development in the corridor; and in addition, technologies have improved. Therefore, they flew new LIDAR and got much more detailed information which will help in the next phase to delineate the boundaries of the basins they will be looking at. He pointed out the five major drainage basins in the corridor and said it helped them target where they wanted to start looking at the proposed improvements.
Mr. Wray expounded on the slide “275 SJRWMD Permits within Corridor” stating they took the database they created, identified all the properties within the corridor, and then pulled the SJRWMD’s permits and identified those in red. He said those are likely to already have a good stormwater management system since the district did not develop until the mid-80s. So, they targeted areas that do not have permits, and with this information, they identified five major areas where they thought they could do some improvement projects to try and come up with some regional systems that would improve the stormwater. He displayed Initial Areas which include the Mill Creek, Airport Boulevard, Five Points, Shepard Road, and Lake of the Woods areas.
Mr. Wray noted that the Mill Creek area extends from the Sanford Middle School to the north all the way to where the Walgreen’s is on 17-92. He advised this area currently drains to the DOT right-of-way, is picked up in their collection system and channeled to the west and to the Howell Branch creek system that ultimately flows north and joins Mill Creek before going into Lake Monroe. He stated that this entire system has no stormwater treatment; however, it is directly adjacent to the Mill Creek system, where Sanford has just converted a borrow pit into a stormwater management system that does have excess capacity. Therefore, this would probably involve designing a low-flow bypass that could divert water from the Howell Branch system into the Mill Creek system. They would then do an analysis to determine how much stormwater quality they can do, and they would set up a credit-based system where people in this area could apply for credit for use in their stormwater as they try to redevelop in that basin.
Commissioner Dallari questioned how the credit system worked. Mr. Wray replied that it would be local and something they would permit. They would design the actual ponds and whatever needs to meet the SJRWMD criteria, establish a certain amount of water quality in that pond that is reserved for their program, and then as people in that corridor apply for a SJRWMD permit, they can apply to the CRA for “x” number of credits. The County would review that and authorize the use of the credits in the CRA system for that development. Commissioner Carey asked if they would pay for them. Ms. Guillet responded they could do it either way; they could either purchase that capacity or the CRA could grant it to them.
Area #2, the Airport Boulevard area slide was shown. Mr. Wray noted it is SR 417 and 17-92, and the old center was where the old K-Mart used to be and it has been undeveloped for a very long time. He advised that DOT actually has a drainage system from SR 417 and it goes through a pipe network that runs through the parking lot behind the center which is currently all untreated. So, they would look at either purchasing some property there at the outfall of the pipe, either putting in a small pond or some sort of outlet control system like a baffle box. Again, they would establish a credit system based on the water quality they could provide to encourage redevelopment of that corridor.
The third area is the Five Points area that has actually been broken out; Pegasus is looking at this separately. There is an existing lower quality wetland in the middle of the area and they would look at converting that into a stormwater system that could be used again to create credits for the whole basin and allow redevelopment within the Five Points area.
The Shepard Road system (Area #4) goes from Shepard Road to SR 434 and Mr. Wray stated this area generally drains to the east. The County has access through right-of-way and easements over to the old Winter Springs Golf Course. He added that area is looking at redeveloping so this would be in conjunction with the owner of the golf course. Mr. Wray said they propose putting in a master stormwater system that would allow drainage from the CRA properties over to there. Again, they would establish a certain amount of credits in that pond that could be used for redevelopment along the 17-92 corridor.
Mr. Wray said the last option they have identified is #5, Lake of the Woods area, which is at the extreme southern end of the CRA, and it is very similar to the one at SR 417 and Airport Boulevard. He stated they would establish some sort of pond and establish a credit system where people could redevelop by getting credit into that system.
Mr. Wray stated that Next Steps include having the Board approve them moving into Phase II of the development where they will do a more detailed analysis and determine exactly how big the ponds need to be, how much water quality needs to be generated, and do some preliminary coordination with the water management districts to get an idea of how that credit system would be set up. They will also prepare cost estimates and do a cost-benefit analysis to look at which of these options makes the most sense to spend funds on. Mr. Wray said one option may be to develop a grant system where instead of having the County spend money on a regional system, individuals can redevelop their property and apply for grants to put on local stormwater improvements just on their piece of property.
Mr. Wray reviewed the Next Steps chart depicting a timetable of the overall schedule. They are looking at Phase II roughly taking 90 days which would take them into October to come up with the analysis and cost estimate. They would then bring that back to the Board and take the options that are identified as the best choice to move forward, and then go into the actual design and permitting phase which would roughly take them through May of 2017. After that, they would go into the bidding and award phase. Assuming things follow through on this schedule, Mr. Wray said they would be able to award some of these programs by October 2017, which is prior to the sunset of the CRA in December 2017.
Commissioner Carey stated she thinks the credit idea is a great idea because even if they give a grant to do stormwater, what someone can put on that property is so small that they would not want to tear down an existing large building to do that. She said it is not financially feasible from the landowner’s standpoint in her opinion. She added she cannot wait to see the cost-benefit analysis.
Commissioner Dallari questioned how much impervious area they will have when structuring the ponds. Mr. Wray advised that that will be part of the next phase.
Commissioner Constantine asked in regard to the credit system whether that is going to be like the mitigation banking of the State. Mr. Wray replied it is a similar concept. Commissioner Constantine questioned in regard to area #3, since most of that is County property, whether they had looked at that preliminarily to make sure that none of the potential plans the County might have would be harmed. Ms. Guillet advised CPH is looking at that. Commissioner Constantine stated when it comes to the control of stormwater and the protection of these areas, this is probably the most important thing they can do and he is fully supportive of this.
Chairman Horan questioned how much was projected in the CRA for stormwater improvements. Ms. Fonseca responded they projected with future income about $8 million. Chairman Horan asked in order to use the CRA money whether there are any legal restrictions on that. Ms. Guillet advised they would need to have formal obligations that can survive the sunset of the CRA if the Board elects not to extend it.
Ms. Fonseca confirmed that the consensus of the Board is to have CPH go forward with Phase II.
Chairman Horan adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 11:26 a.m., and reconvened the meeting of the Board of County Commissioners.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley distributed a PowerPoint presentation (received and filed) stating it came from a very lengthy and detailed meeting of the SunRail board where they got complete reports of everything having to do with SunRail. He stated the Commissioners should find it interesting.
Commissioner Carey reported in regard to the Orlando Sanford International Airport that domestic travel and international travel continue to be up. International travel is up 24% over this time last year. The airport expansion plans are at 60% complete. She has talked to Diane Crews, who is president of the airport, about coming to make a brief presentation once they get to 90% or 100% plans, and the Airport Authority has approved it. She advised the expansion will provide capacity for 4 million passengers a year; they are currently serving 2.5 million.
Commissioner Carey stated she would like to have staff reach out to the Health Department to talk about the community mobile unit. She knows they had some issues in May and it wasn’t very active, but she said it would be great if they can get them into the community a little more often for the uninsured and underinsured.
Commissioner Carey thanked the County and the City of Longwood and all the veteran officers who brought the traveling War Memorial Wall to this community. She said it was a great display and she thinks that these are the kinds of things they need to do to remind all citizens and their nation of the ultimate price that is paid when at war. She gave a special shout out to Ed Burford, Veterans Services Officer, who always does such a wonderful job.
Chairman Horan stated they have 34,000 veterans in this county and he thinks it is important that they have some kind of outreach to the veterans, something that really identifies Seminole as a veterans-friendly county. They have a higher percentage of veterans that live in this county than in any other county in the region. He wondered if they could take a look at the way they market themselves or the outreach that is done. Commissioner Dallari suggested instead of saying “veterans” they just say “military.” Commissioner Carey pointed out that the county probably has a larger population because there was a Navy base here for so many years and many people retired and stayed here. It was the consensus of the Board to ask the County Manager to pursue an outreach to veterans and military.
Commissioner Henley suggested they have SGTV devote some time to interviewing veterans and building a documentary of the Seminole County veterans and their contributions and experiences, which could be used on government television and in their public schools to help the children’s appreciation and increase patriotism. Commissioner Carey opined there is a lot of good stuff they already have and could probably take a lot from their library and put it into a documentary. She stated at a time with all the craziness in the world, she believes they really need to get back to American principles. Chairman Horan stated he thinks the Historical Society and the Historical Commission should probably be players in this as well.
Commissioner Dallari thanked the City of Longwood and law enforcement and anyone that was involved with the Vietnam Traveling Memorial Wall this past weekend. He said it was very moving and he would like to see about bringing it back on a recurring basis, maybe every couple of years. He said the setting was perfect and he would like to see if county staff could reach out to Longwood about this. He’d like to find out the process and how they could partner with them. Ms. Guillet stated they will work with them and try to get it on the schedule.
Commissioner Dallari advised the Board received a letter from FDOT declaring that they will be doing some air quality measurements at the rest areas. He wants to make sure staff is coordinating with DOT because it is not just the air quality of the rest stops but the air quality in the surrounding neighborhoods. He added that DOT did place “no parking” signs on the ramps but it just disperses the vehicles throughout the rest stop and it needs to be revisited. The vehicles need to be in the actual parking spots and he wants to make sure that that actually takes place. Chairman Horan would like this placed on the follow-up for the next meeting.
Commissioner Dallari announced that he will not be attending the next BCC meeting due to a conflict with the MetroPlan meeting.
Commissioner Dallari noted that the annual Amateur Radio Field Day in Winter Springs will be held on June 25 and 26. He said they did not get it on the agenda but he is requesting that the Chairman send a letter to them. He provided the Chairman with a copy of the letter (not received and filed) that was sent in previous years. Commissioner Dallari stated the Amateur Radio group is extremely important in times of disaster and emergencies because they are another line of getting the communications out there, not just to the general public but to other organizations as well. Chairman Horan agreed that this is a great thing to promote adding it will be held at Central Winds Park.
Chairman Horan inquired whether there was anything else to report in connection with MetroPlan. Commissioner Dallari expressed concern that the Turnpike Authority is planning to put up more tolls within tolls on their roads throughout Central Florida. He said he thinks it will be very confusing as time moves on as far as what section of the road you are on, whether it is under the jurisdiction of the CFEA or the Turnpike, as Commissioner Carey stated earlier. He added he wishes the Turnpike would work with the Central Florida Expressway Authority to fix this because this toll-within-a-toll is getting out of hand. Chairman Horan agreed and opined the Turnpike Authority and the State DOT have certain senses of ownership and pride in what they have done in the past and in their jurisdiction and their plans, but in the situation they have in Central Florida now, they really do have to get the road network under one authority. He added that it doesn’t make any sense for people who use the Seminole County expressway so often to pay a disproportionate amount. He noted he pays as much for his expressway bill per month as he did when he went to downtown Orlando every day because he does not get any discounts in Seminole County. Also, if you do business in Seminole County and have to go cross county quite a bit, you could pay several hundred dollars a month in tolls. There are no discounts because they are looking at it and governing it as a statewide system.
Commissioner Dallari stated that in a past meeting, Commissioner Constantine asked staff to look into the carriage exhibit and they have gotten a report back from staff that, at this time, there is no space available. He said he would like them to look deeper into this. Chairman Horan suggested that staff work with the Historical Society. Ms. Guillet advised staff has been working with them for a number of months trying to find a facility. The County does not have anything that meets their needs that is available. Her understanding is they need something that is climate controlled. She indicated if the Board is interested in pursuing this, they can put together a cost estimate. Commissioner Dallari stated he would like to see what it would take to make this happen. Chairman Horan questioned if they can figure out what the investment would be to add those select items that add value to their collection. Ms. Guillet noted that the owner of the collection is unwilling to break up the collection so it is an “all or nothing” proposition. The consensus of the Board was to have staff bring back a report to see what they can do to find a facility for the carriage collection.
Commissioner Carey commented that they have the private school that has been out at Midway Elementary because she does not believe they are going to be able to house this at Five Points. They have this school sitting there with the Charter School moving to a new location. She stated it may free up that part of the Midway Elementary and suggested they might want to talk to the School Board to see if they have a location that could house the collection.
Commissioner Constantine stated both the Memorial Day Remembrances ceremony as well as the Vietnam Traveling Memorial Wall was a marvelous indication of the dedication to their veterans. He mentioned his cousin’s name is on the wall and it was very moving for him.
Commissioner Constantine advised the Historical Commission is meeting on the 16th and he thinks it is prudent that they do look at cost estimates (for a facility for the carriages collection) because he does not want to lose the opportunity, if they have it, for this historically significant presentation. He added that at their last meeting, they approved two signs for Wynwood and Rosenwald in the East Altamonte area for dedications for historical significance.
Commissioner Constantine reported that the Fish & Wildlife Conservation meeting is going to held on June 22 and 23 concerning the bear hunt.
Commissioner Constantine noted that the walkway in Cranes Roost Park will be opening up again on June 16.
ITEMS FOR FUTURE AGENDA
Dom Salfi, Markham Woods Road, addressed the Board to speak in regard to the Seminole County rest areas and he distributed an information packet (copy received and filed).
Judge Salfi advised he is present today to request this Board pass some resolutions that will let the Seminole County citizens and the rest of the world know that they are concerned about what is happening here. He advised the first item in the information packet is a letter from FDOT dated July 9, 2001 regarding the “I-4 Eastbound Richey Green Rest Area Renovation.” He noted that in 2001, FDOT decided they were going to upgrade the rest areas. He highlighted the section of the letter that details what they planned to do. He stated what they are trying to do in 2015/16 is very similar to their plans in 2001/02. He explained that this is important because back when they tried to do it in 2001, there was a hue and cry by everybody around, including their county commissioners and their state representatives, that this should not go forward and that in fact, these rest areas needed to be moved. He noted that it was so strong that FDOT, in about nine months, decided to give up on the program.
Judge Salfi indicated that the second letter in the packet was sent out by FDOT on June 24, 2002. It was sent to everybody on the county commission at that time and he believes Commissioner Henley was on the Board then. It was also sent to the state representatives and he said that Commissioner Constantine was in the Senate then. He explained this letter states that they are going to stop the expansion and close the rest area for a period of time to check and see what the effect would be. They also stated they were going to continue to explore the development of an additional, or possibly a replacement facility, at another location along I-4. It read they “will attempt to initiate a dialogue with private interests regarding a potential truck stop (the P3 was talked about today) located along the corridor.” The letter concluded by stating it will take time but they will keep the addressees up to date on what takes place. He pointed out that since that letter was written, there was no attempt by FDOT to keep anyone up to date, let alone with what was going on in 2013 and 2014 in preparation for the public meeting that was held in his neighborhood on the 31st of March when they walked in there and said, “Here is what we are going to do for you all.” He stated the presentation that FDOT made was identical to the one, with few exceptions, that was done back in 2002. Judge Salfi said he was so shocked at that meeting because when he stood up and pointed out that FDOT was supposed to have talked to them, their response was that “they” were not there at the time, and he stated in fact the people that did the presentation were all new people.
Judge Salfi explained that he then made about six public records requests directly to FDOT and came up with a list of questions and answers (not received and filed). He had distributed those to Commissioners Constantine and Dallari, and said he would be happy to distribute those to the other Commissioners if they are interested in reading what FDOT said was going on in that period of time. In addition, he prepared a timeline (not received and filed) of exactly what has taken place since 2002 all the way up to the present time. He discovered in 2002 and 2003 that FDOT actually did a study, and the study recommended that they move the rest stop to Volusia County. He said they never told him why that study was never followed up on. He has repeatedly asked them and they say it is lost; they can’t find the actual study. He added that he knows what it said because one of the people who was writing about it inside the department told him what the study said.
Judge Salfi recounted that in 2007, there was another study that was done and FDOT said at that time, they were going to move the rest stops. There was a tremendous amount of literature the department gave Judge Salfi at that time about moving them. He added they actually had contacted Volusia County and did a study of Volusia County on SR 44 and they were prepared to go ahead and do a public-private at that time, but it died. He asked why and they did not know but there was not enough support for it in 2007. He noted that in 2013, they ordered another study and that study was done which basically said they should move it too, but they did not move it. So here in 2015, FDOT told them they are really going to move it, and when Judge Salfi questioned when that would be, FDOT advised it would be some time in the next decade.
Judge Salfi read a list of things that everybody, including FDOT and the Federal Highway Administration and the citizens, have verbally agreed to (not received and filed) as follows: (1) the Seminole County rest areas are the most used rest areas in the State of Florida; (2) they are the only two rest areas in the State of Florida that abut residential areas; (3) Seminole County rest areas are grossly overpopulated by trucks and have been for the last 10 years; and (4) Seminole County rest areas have been and are probably still being used by truckers and others for elicit activities, teenage prostitution, drug abuse, and criminal activities. Judge Salfi stated that back in the late 80s, early 90s, there was actually a public outcry with regard to the activities taking place at these rest areas and at that time, everybody said they were going to close it down. They hired a person to take care of that but obviously it has not changed at all. Judge Salfi continued reading the list: (5) trucks who remain parked in these rest areas are discharging excess amounts of diesel exhaust into the immediate atmosphere in and around the rest areas and into the property of residences and churches. Judge Salfi added there is a church school there and that Wekiva Trail goes right by there. He stated that everyone knows that long-term exposure to these toxic materials is causative to chronic obstructive lung disease and lung cancer. He noted that there are many people in their area that are suffering from respiratory illnesses. He has a granddaughter that is suffering from that and the doctors cannot tell them what this is about because they do not know what is in their particular atmosphere.
Commissioner Carey left the meeting at this time.
Judge Salfi stated that to date, no state or federal agency has been willing to conduct the air quality control study. He wondered if they will put something out there for a month so they can check it over a period of time or are they going to check it when the trucks are all gone, or when the trucks are there. He stated everyone agrees that the Seminole County rest areas should be closed, but FDOT is saying the need to close them is not immediate and it may take a decade. They are also saying that they want to go ahead and put money into that rest area. Judge Salfi referenced an email from FDOT (received and filed) that states the department will be spending approximately $900,000 for design but they don’t say how much of it will be for actual construction. They are putting in drainage ponds for I-4 Ultimate which the citizens have no problem with; however, the DOT has tried to package these things together when they are not together, they are coming out of different money sources, just so they can proceed to do this upgrade to the facility. Judge Salfi stated he sat on the committee and he knows they will be spending well over $1 million to do this.
Judge Salfi then read the list of items (received and filed) he would like to have included in the resolutions he is requesting and expounded upon several of those items. He advised that Volusia County is now saying they do not want the rest areas moved to their county and he understands that someone hired a group to study that and they came back with this information, but FDOT is saying they were not the ones to request this study. Right now no one knows who this group is or why they did this study.
Commissioner Dallari stated that he believes the Board needs to be a little more aggressive than they have been in this matter and he believes they should instruct staff to prepare the proper resolutions for approval. He said he would like to move forward by asking their state legislators as well as FDOT to take the appropriate action to close the rest stops. Commissioner Constantine suggested when drafting the resolutions, they need a timeframe as to when they will eliminate the rest stops. He added he thinks they should ensure that other than the money that is spent for what they need for I-4 Ultimate, that the State stops spending money on those rest areas for expansion. Even though they are saying they will have air quality tested, he added they should include something about an air quality study. Commissioner Dallari added they should measure the air quality at the rest stops and in the residential neighborhoods because this is a safety issue. Commissioner Constantine said in regard to night security, there are certain conditions that they can and cannot do, but to the full extent of whatever their contracts allow them to do to support law enforcement and reporting, he thinks that should be done.
Commissioner Dallari stated there is limited parking at these rest stops and suggested they need to be enforcing the parking. He advised that they actually improved the shoulders of the roads so people can park on the shoulder. Commissioner Constantine added that they should also include in the resolution that either FDOT or the Sheriff’s Department patrol the rest stops and abide by the law.
Commissioner Henley agreed that they should instruct staff to prepare a resolution with the material provided and discussed today. The consensus of the Board is to have staff prepare a resolution for the Board’s consideration. Chairman Horan opined that 18 years is long enough to wait for this to happen. Commissioner Henley asked that staff ensure Judge Salfi receives a copy of the resolution. Commissioner Dallari commented that when looking at the data provided by some of the residents regarding the air particulate from diesel exhaust, it is astounding. Judge Salfi thanked the Board for taking action.
With regard to public participation, no one else spoke in and public input was closed.
Speaker Request Form from Judge Salfi received and filed.
Chairman Horan advised there will be no hearings in Orange County this afternoon on the Lake Pickett projects. He had planned to attend and present the Board’s letter and position. The hearings have been moved to July 12th; however, the Chairman said he has a conflict and cannot attend. Commissioners Constantine and Dallari stated they anticipate attending. Chairman Horan advised that he did meet with Orange County Mayor Jacobs on this and a number of different issues. He presented her with the materials on Seminole County’s natural lands and the investments they have in the eastern rural areas. He stated she also had a number of her staff in attendance, so there is an understanding that it is not just about density and “not in my backyard.” The Chairman stated they are talking about $25 million of Seminole County’s investments in natural lands and forests and between the state lands and the eastern rural areas. He added it is an asset that is real and the region needs to take those things into consideration on these projects, and it has nothing to do with the merits and demerits of the projects themselves, it has more to do with regional planning and they need an interlocal agreement. Discussion ensued about the need for regional planning in all of Central Florida and Commissioner Henley added that was the opinion that was drawn at the conclusion of “How shall we grow?” - that the region and counties work together to solve their problems.
Chairman Horan noted they approved Item #9 today on the Consent Agenda that dealt with the distribution of the various art pieces made from the cypress tree, “The Senator.” He stated they approved the traveling and permanent exhibits. Also, there are about 80 items like pens and letter openers; one pen and one letter opener is dedicated for each commission office. The Chairman advised they need a policy with regard to distribution of these as gifts to dignitaries. The consensus of the Board was to direct the County Manager to bring back a proposed policy for the distribution of those items.
Commissioner Constantine stated many years ago when the Legislature proposed that certain DRI (Development of Regional Impact) situations would be eliminated, he made the statement on the floor that this would cause unintended consequences because various counties would not have a say when something was going to affect them, and there may be a situation where other counties would not allow them to have a say. He added since June of last year, there have been five instances in Lake, Osceola, Seminole and Orange counties where various counties wanted to be part of a discussion of a larger project and did not have a “seat at the table” because of this. In fact, he said, the Rybolt North project they are talking about, which is right up against the Seminole border, would have been a DRI in the past. They are only doing 1,999 units so there would not be a higher resolve and a “look-see” by the State, because if they added one more unit, the State would have had to go through a more extensive look at that project.
Commissioner Dallari asked that the County Manager and the County Attorney attend the Orange County meeting regarding this. Ms. Guillet and Mr. Applegate stated they plan to attend.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of a letter dated May 17, 2016, from Sean M. Parks, Chairman, Lake County Board of County Commissioners, to Laura Kelly, Executive Director, Central Florida Expressway Authority, re: appointing Welton G. Cadwell to the CFX Board.
2. Letter dated May 18, 2016, from Stephen J. Noto, City Planner, City of Lake Mary, Community Development Department, re: zoning approval of home office use at 116 S. Palmetto St., Lake Mary.
3. Letter dated May 19, 2016, from Sandra J. Smith, Community Development Director, City of Casselberry, to Chairman Horan re: annexation of 315 and 351 Concord, Casselberry.
4. Letter dated May 19, 2016, from Patrick F. Sacbibit, Branch Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, to Chairman Horan re: Conditional Letter of Map Revision (CLOMR).
5. Notice received May 23, 2016, from City of Lake Mary re: Preliminary and Final Subdivision for the Griffin Farm Town Center and Griffin Farm David Weekley projects on June 6 and June 16, 2016, at 6:00 and 7:00 p.m. respectively.
6. Letter dated May 25, 2016, from Jane LeVeck, Social Worker, Life Care Center, Orlando, to Chairman Horan re: adopting a resolution prohibiting a bear hunt.
7. Letter dated May 25, 2016, from Chairman Horan, to Ray Eubanks, Plan Processing Administrator, Department of Economic Opportunity, re: Transmittal of Adopted Text Amendments to the Seminole County Comprehensive Plan-Expedited State Review Process.
8. Letter dated May 25, 2016, from Chairman Horan, to Laura Kelly, Executive Director, Central Florida Expressway Authority, re: designating Commissioner Brenda Carey to serve as liaison representative for Seminole County BOCC on Central Florida Expressway Authority for a two-year term.
9. Notice received June 9, 2016, from City of Lake Mary re: Final Subdivision for the Griffin Farm Town Center and Griffin Farm David Weekley projects on June 16, 2016, at 7:00 p.m.
COUNTY ATTORNEY’S REPORT
Bryant Applegate, County Attorney, stated they have been advised by the Supervisor of Elections that the Grey2K organization has met the required threshold to have a proposed ordinance on greyhound protection placed by the Board on the ballot for the November general election. Mr. Applegate added that as soon as he heard of this, as far back as December and January, he thought it was the honorable and appropriate thing to do as a member of the Bar to notify their legal counsel that it was the position of his office that the ordinance is preempted by state law. There is implied and express preemption and this is very close to being express preemption. He said that over the last five years, he has learned how committed this Board is to the welfare of animals. As mentioned earlier, this Commission, with the guidance of the County Manager, developed a policy on the bear ordinance that will be a model for not only the State but for around the country. He also noted the support the Commission has given to Animal Services has been tremendous.
Mr. Applegate stated that although this is a good-intentioned ordinance, his counsel is they cannot adopt an ordinance or resolution instructing that a matter be placed on a November ballot that, in his legal opinion, conflicts with state law and ignores the preemption doctrine. He added the Grey2K group is represented by counsel, who provided their argument, and lawyers can disagree and that is what courts are for.
Mr. Applegate read from the pari-mutuel statute and said this information is in the memos that were provided to the commission offices (not received and filed). He stated that about a month ago, the Legislative Session adopted the Appropriations bill, and specifically earmarked for pari-mutuel wagering is the following: “From the funds in specific appropriations, the Department of Business and Professional Regulations (DBPR), by and through the Division of pari-mutuel wagering, shall adopt rules governing the reporting of greyhound injuries sustained at pari-mutuel racetracks.” Mr. Applegate noted the proposed ordinance, albeit very well intentioned, attempts to do three things: provide extensive reports on injuries, extensive reports on the dispositions of the greyhounds (what happens to them after they are done with their racing career), and licensing provisions. He added though that the ordinance goes a little further and requires the County to enforce these reporting requirements and prosecute violations thereof. Mr. Applegate explained that, again, that cannot happen because they do not have the authority to regulate.
Mr. Applegate stated he believes it would be prudent to instruct his office when the appropriate time comes to file the necessary legal action for the court to determine whether or not they are preempted, and he believes they are. Chairman Horan agreed that in this situation, they do not want to adopt an ordinance that they believe would be preempted and they do not want to not only spend the money but also put their residents through an exercise that may be a fool’s errand in voting for a particular measure that is preempted by the State. He added there is time for them to go ahead and get adjudication from the court so they can move with certainty on this matter. Upon inquiry by Commissioner Dallari, Mr. Applegate advised he has been informed by Mike Ertel, Supervisor of Elections, that the deadline to have this matter resolved is September 6th, which would be the final date that they would need to get the proposed ballot to the printer. He added both attorneys would agree to expedite and file the necessary motions for the courts to expedite this. Commissioner Dallari said he believes if the citizens have taken an initiative, they should put it on the ballot. Commissioner Constantine asked if both sides agree on this course of action and Commissioner Dallari replied that is what he is trying to find out. Chairman Horan opined this is prudent to do because they have a conflict between a Charter provision and state law, and they are in doubt as to the proper action to take, which is why he would want a judge to make that decision for them.
Bucky Mitchell, Tallahassee attorney for the committee to protect greyhounds, addressed the Board and advised he has spoken to Chairman Horan and Commissioner Dallari on this issue. He stated they do have an attorney’s disagreement over whether the ordinance is preempted by state law. They believe that at least portions of the ordinance are not preempted. There is no injury reporting in state law, and while DBPR has the ability to institute injury reporting, they have not done so. There is the proviso language that the County Attorney raised, but again DBPR right now is taking the position that they are not authorized to adopt any rules pursuant to proviso language in an appropriations matter. He said as the Chairman pointed out, the problem they face is that under the County’s Charter, it is their position that the Board has two options: either adopt the ordinance or adopt a resolution and put it on the ballot. He added they don’t feel that while the County Attorney needs to give the Board good advice, that he is in a position to be the gatekeeper on this issue. He said he thinks the Charter provision directs them to do one of two things. They welcome the opportunity to have a declaratory judgment action on this, obviously sooner rather than later, because he believes the County has to act within 60 days now that the petition has been verified. Commissioner Dallari asked about a deadline to which Mr. Applegate responded they will both ask the court to expedite the hearing as fast as possible.
Commissioner Constantine stated he agrees they need to get a declaratory judgment if the County Attorney and his staff feel there is a conflict in law and they are preempted. At the same time, he shares Commissioner Dallari’s sentiments that he has empathy for the fact that not only have the citizens taken an initiative upon themselves to put this on the ballot, but he shares a lot of their concerns especially when it comes to injury reports and other things. He commented that as they are going down this path, he wants to ensure that everyone understands that this Board is not against the proposal. He added there are other potential avenues because if the DBPR is not doing certain things that they feel might be a provision of law that they can do, this Board can then request that they do as they move down this line, and he does understand that this is the first step. He would really like to see they, in due course, do everything they can to help express the opinion of the citizens. Chairman Horan added if they believe the State is regulating in the area inappropriately or not as well as they think they should be regulating, he believes it would be incumbent upon them to go to their legislators to say that this is the problem they see right now and this additional regulation is something they think should be done. He opined they all want those animals to be well cared for and regulated in such a way that they are not abused and that they are not exploited.
With regard to public participation, no one else spoke in regard to the County Attorney’s report and public input was closed.
Speaker Request Form from Mr. Mitchell was received and filed.
Motion by Chairman Horan, seconded by Commissioner Henley, to authorize the County Attorney to file a declaratory judgment on this action.
Districts 1, 2, 3, and 4 voted AYE.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 12:38, this same date.