BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

August 9, 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, August 9, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

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 Kyla Spencer

 

 

     Mr. Chris Jepson, Central Florida Freethought Community, Oviedo, gave the Invocation.  Commissioner Dallari led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Airport Lanes was presented.

AWARDS AND PRESENTATIONS

Item #1 – A-2415-16

     A_!F1__!F1_manda _%_Day, _%_Executive _%_Director of _%_Bike/Walk _%_Central _%_Florida, addressed the _%_Board_!G1_ _!Z1_to _![1_share _!\1_a_!]2_bout the _%_Best _%_Foo_%_t _%_Forward _!_1_for _%_Pedestrian _#_Safety _!`1__#_Program _!a1_that_!b1_ _%_Bike/Walk _%_Central _%_Florida manages and o_!p1_perates on behalf of its coalition partners.  _%_She stated that _%_MetroPlan _%_Orlando, who is a coalition partner, _!‚2_recently _!„3_approved _!‡2_funding _!‰1_to _!Š1_intr_!‹1_oduce _!Ś1_a _!Ť1_program _!Ž1_like _!Ź1_this_!‘1_ to _!’1_Seminole County._!Ł1_  _%_Ms. _%_Day presented a _%_PowerPoint presentation (r_!Ł1_eceived and filed).  _%_She explained that _%_Bike/Walk _%_Central _%_Florida is a non-profit organization that focuses on three program areas including _%_Best _%_Foot _!˛1__#_Forward_!ł1_, _!´1__!µ1__!¶2__#_Complete _!¸1__#_Streets _!ą2__#_Policy_!»1_ and _!Ľ3__#_Advocacy, and _!ż1__#_Coast _!Ŕ1_to _!Á1__%_Coast _#_Connector.  _%__!Ĺ3__!Ĺ3_They also do the communications _!Č1_with the _!É1_Florida _!Ę1__#_Green_!Ë2_ways _!Í1_and _!Î1__#_Trails _!Ď2__#_Foundation_!Ń1__!Ň1_ with _%_Coast to _%_Coast _%_Connector and _%_Trails.  _%_Ms. _%_Day stated _%_Bike/Walk was founded by former _%_Orange _%_County _%_Mayor _%_Linda _%_Chapin and the current _%_chairman is _%_FDOT _%_District 1 _%_Secretary _%_Billy _%_Hattaway. 

     _%_Ms. _%_Day discussed how _%_Best _%_Foot _%_Forward was launched back in 2011. _!Ó1__"…1_ _%_She referred to the chart on page 5 t_"…1_itled _%_Number of _%_Walkers _%_Struck by _%_Drivers and _"©3__%_noted the total number is equivalent to about two 747 jumbo jets crashing._"Č1__%_  _%_She reviewed page 6, Number of Bike Riders Struck by Drivers, and pointed out that you will notice an increase in the total because there are more bikers and drivers on the street.  _%__%_She discussed the People are Careless slide.  _%_Ms. _%_Day n_"Č1_oted _%_Best _%_Foot _%_Forward was launched and the coalition partners are _%_MetroPlan _%_Orlando, _%_City of _%_Orlando,_"Č1_ _%_Orange _%_County, _%_Orlando _%_Police _%_Department, _%_Orange _%_County _%_Sheriff's _%_Office, schools, _%_LYNX, and different cities and counties that are participating.  _%_She explained the _%_"Triple _%_E" approach_%_ illustrated on page 13, and mentioned the one and only focus is to get more drivers to stop for people crossing in the crosswalk.  _%_She _%_discussed how to make streets safer by getting more drivers to yield to people in crosswalks. 

     _%_Ms. _%_Day referred to page 15, Start by Identifying the Crosswalk, and noted that _%_Bike/Walk _%_Central _%_Florida meets once a month and looks at the crosswalks.  Each year they pick about 30 different crosswalks within the city and county that meets certain criteria.  _%_She mentioned education is a huge part of this issue_%_this issuethis and they are looking _"Č1_at it from a media standpoint to get t_"Č1_he message out.  _%_She explained how the biggest hurdle when they launched the program was coming from enforcement.  _%_Ms. _%_Day displayed a video from _%_WESH 2 News showing a police officer legally crossing a crosswalk where drivers did not stop.  _%ä1__%_She explained the video is an example of the high-visibility enforcement that _%_Bike/Walk _%_Central _%_Florida does four times a year.  _%_She noted the crosswalks that are selected must have some sort of engineering improvement that is coming up within that year and discussed some of the low-cost improvements.  _%_She reviewed Progress to Date – Yield Rates, Progress to Date – Significant Strides in Making Streets Safer, and BFF Provides Measured Results.  Ms. Day stated _%_Bike/Walk _%_Central _%_Florida is hoping_%_ to bring the _%_Best _%_Foot _%_Forward program to _%_Seminole _%_County and work with staff to figure out what the next steps are.

     Commissioner Dallari commented that pedestrian safety is one of the County's biggest issues and asked Ms. Day what the next step would be for Seminole County.  She answered that it would be to sit down with staff and go into more detail about the program, find the trouble spots in the County and start to put together that scope.  Commissioner Dallari questioned how funding works.  Ms. Day explained it started with MetroPlan Orlando and Winter Park Health Foundation.  Once it got started, the City of Orlando and Orange County both contribute $40,000 a year towards the program; and the other additional funds come from grants and in kind with Lynx.  Commissioner Dallari inquired if Ms. Day is looking to set meetings with staff.  Ms. Day replied yes and explained that the funding that MetroPlan just approved was $100,000 for Bike/Walk Central Florida.  She stated that $50,000 of that will continue on with the operating in Orange County and the City of Orlando; and then the other $50,000 is for bringing this program to Osceola and Seminole County, so the $25,000 is a start-up cost. 

     Commissioner Carey stated crossing points particularly around schools are critical, so it would be great for Ms. Day to sit down with the engineering staff who are in charge of crosswalks on the road and the Sidewalk Program and talk about safety ideas.  Ms. Guillet suggested having someone from the School Board as well.  Ms. Day discussed the working partnership with Orange County Public School Board, and added that the County has the responsibility of the sidewalks, the infrastructure, and then the schools have the responsibility of the education component.  Commissioner Dallari asked when the Board would be able to look at a plan for the County.  Ms. Day answered they could see it in a couple months because the program is operational so the schedule is based on the County.  Chairman Horan asked if there was consensus of the Board to direct to staff to go ahead and meet with Bike/Walk Central Florida.  No objections were voiced.

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     County Manager, Nicole Guillet, stated Item #9, Release of Performance Bond #SU1128420 for the Walden Cove Subdivision, has been pulled from the agenda.  Commissioner Carey requested Item #5, CSA Funding Allocations, and Item #17, BAR #16-079 to provide mosquito control services, be pulled for a separate vote.

 

 

COUNTY MANAGER’S CONSENT AGENDA

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve the following:

County Manager’s Office

Business Office

2.  Approve travel reimbursement to Commissioner Lee Constantine for travel during April through July of 2016.  (A-2425-16)

Human Resources Division

3.  Approve the benefits plan changes/renewals for 2017 Employee Benefits Renewal with Florida Blue; and authorize the County Manager to execute the renewal agreements. (A-2501-16)

4.  Approve and authorize the execution of the amended Firefighters’ Statutory Death Benefits Coverage Plan with AIG – L B Bryan & Company, to reflect the renewal premium of $5,974 per year. (A-2400-16)

 

Community Services

Community Assistance Division

5.  Commissioner Carey pulled this item for a separate discussion.

Community Development Division

6.  Approve and authorize the Chairman to execute the State Housing Initiative (SHIP) Program FY 2016-2017 Funding Certification for an allocation to Seminole County in the amount of $2,450,135, and to use this funding in accordance with the SHIP Statute, administrative rules and the Seminole County 2016-2019 Local Housing Assistance Plan. (A-2461-16)

7.  Approve 2016-2017 One Year Action Plan; authorize the Chairman to execute corresponding documents, and signature pages, the Standard Form 424, and all certification pages, Subrecipient Grant Agreements, and Subsequent Grant Agreements with the U.S. Department of Housing and Urban Development (HUD); and authorize the Community Services Department staff to submit the Action Plan to HUD for approval. (A-2436-16)

 

Development Services

Planning & Development Division

8.  Authorize the release of Maintenance Bond #1027845 in the amount of $230,329.35 for Silverleaf Park Subdivision; KB Home Orlando, LLC. (A-2360-16)

9.  Pulled from the Agenda request to authorize release of Roads, Streets, and Drainage Performance Bond #SU1128420 in the amount of $454,774.37 for the Walden Cove Subdivision; Taylor Morrison of Florida, Inc.

10.  Authorize release of Roads, Streets, and Drainage Performance Bond #SU1126064 in the amount of $432,408.62 for the Steeple Chase Subdivision; Taylor Morrison of Florida, Inc. (A-2513-16)

11.  Authorize release of Roads, Streets, and Drainage Performance Bond #0178034 in the amount of $311,831.30 for the Estates at Pearl Lake Subdivision; Taylor Morrison of Florida, Inc. (A-2514-16)

12.  Authorize release of Roads, Streets, and Drainage Performance Bond #0178088 in the amount of $725,495.45 for the Coventry Subdivision; Taylor Morrison of Florida, Inc. (A-2515-16)

 

Environmental Services

Water - Wastewater Division

13.  Approve Amendment #1 to Low-flow Toilet Rebate Program (Water Conservation) Cost-Share Agreement Contract No. 28408 by and between the St. Johns River Water Management District and Seminole County, Florida for a 6-month contract extension to March 29, 2017. (A-2482-16)

 

Public Safety

Addressing Division

14.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-127 renaming 2nd Avenue to Diesel Lane. (A-2354-16)

Emergency Management Division

15.  Approve and authorize the Chairman to execute the Alert Florida Memorandum of Agreement between Seminole County and Florida Division of Emergency Management. (A-2345-16)

 

Resource Management

Budget & Fiscal Management Division

16.  Approve a new  Wellness and Fitness Coordinator position in the Administration Department, Wellness Program; authorize the advertisement of the position; and approve and authorize the Chairman to execute appropriate Resolution #2016-R-128 implementing the Budget Amendment Request (BAR) #16-079 through the Health Insurance Fund to reallocate $3,902 of operating budget for a new Wellness and Fitness Coordinator position. (A-2446-16)

17.  Commissioner Carey pulled this item for a separate discussion.

Purchasing & Contracts Division

18.  Award RFP-602600-16/BJC, Employee Benefit: Voluntary Dental Plans & Voluntary Dental Benefits, for DHMO Plan to Lincoln National Life Insurance Company, Orlando; and authorize the negotiations and execution of the Benefits Plan documents.  (A-2447-16)

19.  Approve Amendment #4 to Work Order #1, Oxford Road Long Range Redevelopment, under RFP-8721-13/DRR, Master Services Agreement, for General Planning and Urban Development with VHB Miller Sellen, Orlando, in the amount of $95,440; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (A-2477-16)

20.  Award IFB-602595-16/TLR, Term Contract, for Landscape Maintenance of County Facilities to Duval Landscape Maintenance LLC, Jacksonville; and authorize the Purchasing & Contracts Division to execute the Agreement.  The estimated annual usage is $235,770. (A-2464-16)

 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Agenda Item #5 – A-2443-16

     Commissioner Carey stated in regard to Community Services Agency Partnership Grant funds, in the past years, when times were good, they had a budget of about $919,000 a year.  A lot of these grants are essential services like Kids House, Meals On Wheels, SafeHouse and Christian Sharing Center.  She pulled this because she would like the County Manager to look closely at this as they move toward finalizing the budget.  Commissioner Carey pointed out that this is the first year that their revenues are starting to be flat again.  During the recession they had to cut a lot of things, including funding for these types of programs; but she believes they are at a point in time where they can go back and look at increasing the funding for some of those essential services because without them, the County would have much greater costs and the citizens would not be accommodated. 

     Commissioner Dallari agreed with Commissioner Carey and stated he would like to look at this through the budget process.  Commissioner Carey stated if it doesn't happen during this budget cycle, then as they close out the current year and reconcile it and have funds to move forward, maybe there is an opportunity there.  She opined that they need to keep a close eye on it because it is starting to impact some of the operations of those agencies. 

     Chairman Horan agreed and noted he has taken a close look at the budget.  In 2008 they were at about $1.3 million a year for those services, and they are now down to under $700,000.   Chairman Horan stated he would like to look closely to see if there is some way they can restore some funding to the CSA program being mindful that they have always been very responsive to the needs specifically of any organization that provides essential services or supportive services as a special accommodation in the past. 

     Commissioner Henley stated he would like to be provided with information as to how much the various organizations are raising because sometimes the more the County gives, the less they put forth effort to raise money from the community.  Chairman Horan stated he just submitted to the County Manager, as to one of the boards he serves on, that a provision be put into the contract that asks for information as to who the donors are, how much is being raised, et cetra.  As to the agencies on the list, Commissioner Henley pointed out that they know additional monies are given through the Sheriff.  Chairman Horan assured that the County Manager and the Community Service Director are pretty mindful of what else is being given by other agencies, but the incentive to go ahead and take County dollars and raise private dollars is something they should focus on and should ask to be reported. 

     Commissioner Carey requested Valmarie Turner, Community Services Director, explain the grant process that they go through.  Ms. Turner stated there is an application cycle and they do look at the agency's past performance to ensure that they are meeting all the objectives as detailed in the agreement.  It is not something they do in a vacuum, and it is a very competitive process.  Ms. Turner confirmed for Commissioner Carey that the County does not provide more than 50% of the agency's operating budget.  Commissioner Carey noted the agencies have to raise considerable funds; and as leaders, the Board all has their charities that they assist by helping them raise funds.  

     Chairman Horan stated it is a good provision to have, to not provide more than 50% of the operating budget, which works for a small organization; but with a large organization, the County's grant is not going to provide 50% of their operating budget.  He would still like to know what specific dollars they are using that they are raising for the entire organization that they are using in Seminole County.  Commissioner Carey stated as they look at the funding, they could also look at the criterion and add some of the ideas that have been heard today.  She noted that on the national organizations, they have eliminated them from consideration in most cases unless they are very specific because there used to a lot of requests from people who were not doing anything in this community.  She opined it would be a good time to look and see what would better enhance the criterion.  Commissioner Henley added he would like to see exactly how many of the County's citizens are being served in each organization.  Commissioner Dallari responded staff can provide that, and   Commissioner Carey added that that is part of the criteria. 

     Commissioner Dallari opined as they are going through the process, maybe they could have a work session on it so everyone understands exactly what is happening.  Chairman Horan stated they should have a presentation on it at the budget work session.  Commissioner Dallari commended Ms. Turner and her staff.  He stated it would be advantageous to have a work session because there would be more transparency.  Chairman Horan noted, to Commissioner Henley's point, he wants to include language regarding the leverage situation in one of the Community Service Agency contracts; and he has given that language to the County Manager.  He believes the most important aspect is to make sure that the County's dollars are being leveraged with the dollars that the agencies are raising as well as the dollars that other governments are giving them.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the recommended funding allocations for Community Services Agency (CSA) Partnership Grant funds in the amount of $679,040 for FY 2016-2017, and authorize the Chairman to execute the CSA Agency Agreements upon agency execution for the following: Impower, Kids House, Meals on Wheels, Rescue Outreach Mission, Catholic Charities, Christian Sharing Center, Safehouse, Early Learning Coalition, Recovery House, Casselberry Kids, Jewish Family Services, Midway Safe Harbor, SC Bar Association/Legal Aid Society, SWOP, United Way, Lighthouse, Boys & Girls Clubs, Seniors First, SC Police Athletic League (PAL), and Life Concepts d/b/a Quest. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Agenda Item #17 – A-2479-16

     In regard to domestic mosquito control services, Commissioner Carey thinks it is great that the County is getting funding from the State to help assist with the mosquito control situation.  She also thinks it is unfortunate that anyone would try to scare the public by reporting false information, and because of that she would like to have staff make a presentation for the public purpose to show people what staff is doing in Seminole County to address the Zika virus and mosquito control and what people can do to address the situation themselves as well.  Ms. Guillet stated staff will address that issue.  She added when they got reports of the first homegrown Zika case in South Florida, the County stepped up its efforts with respect to public information and public education.  She explained that staff will start by giving the Board a rundown of what they have done in their increased efforts to educate the public.  A lot of this involves prevention and it is prevention people can take with respect to their own properties. 

     Ms. Guillet stated Trisha Setzer, Office of Economic Development & Community Relations, will run through the enhanced public information efforts that the County has undertaken; and then Gloria Eby will fill the Board in on more of the specifics about what their efforts are and how they are going to ramp them up.  She pointed out that even without the State funding, the County significantly increased the funding for mosquito control. 

     Trisha Setzer addressed the Board and displayed the Seminole County website homepage and pointed out the two locations where a Seminole County resident can learn about mosquito control.  She noted that if they click the top link, they can fill out a request to come and have their area inspected and potentially sprayed; and the other link will take them to the mosquito control homepage to learn about mosquito control.  Ms. Setzer stated that from the link a resident can learn more about “Drain and Cover,” and pointed out the Florida Department of Health messaging that has been shared on the website and also throughout social media.  This page also shows updated public service announcements and information about mosquito-borne illnesses.  Ms. Setzer noted when they spray for mosquitos, they are spraying for a number of mosquito-borne illnesses, not just one type of illness.  This page also shows where mosquito control operations are focusing their spray efforts.  She stated they can increase the emphasis from the homepage if the mosquito situation were to escalate. 

     Ms. Setzer discussed how they have focused their efforts on social media including Facebook, Nextdoor and Twitter.  She stated additionally they are putting billboards throughout the County to educate residents on “Drain and Cover” efforts.  Staff has put together a bulletin to share with constituents with information about where they can learn more about “Drain and Cover” and also if they would like to request treatment in their community.  She noted staff is working closely with the Health Department in all media efforts as well.

     Gloria Eby, Director for the Mosquito Control Program in Seminole County, addressed the Board and stated her team is very proactive and countywide.  She explained Zika has no boundary and no jurisdiction.  Her dedicated staff receives calls from the Department of Health related to Zika cases, which have all been travel-suspect cases to date.  She implements her team immediately when they receive those calls, and they conduct what they normally do in their normal operations for the Disease Response Plan.  That plan is available for viewing on the website and filed with the State Department of Agriculture and Consumer Services.  Ms. Eby stated the biggest thing her team does is source reduction, which is going home to home, tipping pots over, emptying birdbaths, emptying anything that is a container where these types of mosquitos can live and breed.  She noted this particular species of mosquitos are a very difficult species to manage.  Her team goes door to door to provide door hangers, eliminate habitats where they see larva, and conduct larva sightings within a square-mile radius of a person's home.  She stated spraying or fogging at night is in addition to source reduction, which helps to knock down the adult mosquito population immediately.

     Chairman Horan explained the agenda item deals with the sum of $232,705 that has been appropriated through the State, which has come through the CDC and the executive branch of the Federal Government.  He asked Ms. Eby how much more she thinks the County needs to effectively do this.  As he understands it, the money has been given to them in tranches.  Ms. Eby answered that the main thing they need is staff to conduct that source reduction as well as the equipment and everything that is listed in the agenda memorandum related to that.  Management has been very proactive in helping the program build the boots on the ground that they need, but they need to actually be on the ground.  

     Ms. Guillet noted in the upcoming fiscal year budget, they have enhanced operations in mosquito control.  The Budget Amendment that the Board has today deals with an allocation for August and September, so the County will be in a position to spend that.  She added that they are not sure what the dollar amount is going to be for the money that the County is going to get in future months.  The money they received in August has to be spent in August.  Ms. Guillet stated she assumes they are going to get the same amount in September, but that has not been allocated yet.  She thinks that after September that amount may drop somewhat, so they are trying to use the resources that the County has allocated in the most efficient way that they can and leverage the money they are getting from the State for as long as they get it.  Ms. Guillet noted they are supposed to get it until January, and they are assuming that is what is going to happen; but they do not know specifically what they are going to get from month to month.  Commissioner Carey stated she thinks the State is allocating too as they get federal assistance for this particular issue, so they don't even know the answer yet. 

     Commissioner Carey explained that so much of this is public awareness and making people aware of what they can do such as the “Drain and Cover” message.  She asked everyone to share that message on social media if they happen to receive it on their personal device and mentioned that this is a situation where mosquitos migrate and hopefully the cases in South Florida remain in South Florida; but the County has to do everything they can to protect itself, and educating the public is critical to that.

     Ms. Guillet stated since the beginning of this calendar year, the total number of homes that the County has worked with regarding mosquito control has been 300,000.  There have been over 3,000 inspections, and over 1,200 treatments.  They have treated about 400 acres by foot and over 120,000 acres via fogging.  There have been about 1,500 work orders and about 1,000 service calls.  She confirmed for Commissioner Carey that those numbers were driven by the request form on the Seminole County website and calls to the County.  Ms. Guillet clarified that they do not treat any area of the County differently, it is all treated with the same protocol that they use countywide.

     Chairman Horan announced this is a public health issue and politics has nothing to do with it.  The funding the County is getting right now is because the Chief Executive from this state and a Chief Executive from this country cooperated and got agency funding to the State that is now coming to the County.  Chairman Horan respectfully suggested that Congress forgets about the politics and address the public health issue they have and get the funding that is needed.  He stated no one should play politics with a public health issue.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute appropriate Resolution #2016-R-129 implementing Budget Amendment Request (BAR) #16-081 through the allocation from the Florida Department of Health, Bureau of Epidemiology to provide domestic mosquito control services in the amount of $232,705 and approve up to five temporary, limited term mosquito staff.

     Districts 1, 2, 3, 4 and 5 voted AYE.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the following:

Clerk’s Office

21.  Approve Expenditure Approval Lists dated July 11 and 18, 2016; Payroll Approval List dated July 14, 2016; the BCC Official Minutes dated June 28, 2016; and authorization to destroy records as identified. (A-2471-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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The Board noted, for information only, the following Clerk’s “Received and Filed”:

1.    Conditional Utility Agreement for water, wastewater or reclaimed water services with CND-Reagan, LLC for the project known as Reagan Pointe.

 

2.    Work Orders #10 and #11 to PS-0219-05 with Singhofen & Associates, Inc.

 

3.    Change Order #2 to CC-0266-15 with Masci General Contractor.

 

4.    Fourth Amendment to RFP-4265-06 with OTT Landscape Maintenance, Inc.

 

5.    IFB-602594-16 with Baksh Homes, LLC.

 

6.    Work Order #24 to PS-7643-12 with Southeastern Surveying and Mapping Corp.

 

7.    Work Order #3 to PS-8005-12 with CDM Smith, Inc.

 

8.    Work Orders #48 and #49 to PS-8047-12 with Tierra, Inc.

 

9.    Amendment #1 to Work Order #49 to PS-8148-12 with Parsons Brinckerhoff, Inc.

 

10.    Amendment #1 to Work Order #54 to PS-8148-12 with CDM Smith, Inc.

 

11.    Work Order #58 to PS-8148-12 with CDM Smith, Inc.

 

12.    First Amendment to PS-8186-13 with Reiss Engineering, Inc.

 

13.    Work Order #34 to PS-8186-13 with CPH, Inc.

 

14.    Change Orders #3, #4 and #5 to Work Order #21 to CC-9192-13 with Corinthian Builders, Inc.

 

15.    Approval Development Order #16-80000026, 3800 5th Street, The Transition House.

 

16.    Development Orders #16-30000030, 340 Alpine Street, Dianne & Jeanette Gatdula; #16-30000031, 449 Lakeshore Drive, Charles & Cynthia Donaldson; #16-30000032, 1702 Willa Circle, Luis & Gypsie Pulliza; #16-30000036, 348 Tangerine Street, Robert Csanalosi; #16-30000037, 250 Queensberry Court, Fernando Jr & Carmen Acuna.

 

17.    Final Development Plan, Developer’s Commitment Agreement, Commitments, Classifications and District Description; DCA #16-20500001; Windsor Square Townhomes a/k/a Reagan Center.

 

18.    Memorandum from Mary Ann Whitney, Secretary of Public Risk Management of Florida Group Health Trust, submitting the Intergovernmental Cooperative Agreement for the City of Lake Mary and Affidavit of Authenticity.

 

19.    Bids as follows:

 

IFB-602594-16 from Argus Group Holdings, LLC; Baksh Homes, LLC; Henry Schein, Inc.; Midwest Medical Supply Co., LLC; Sun Surgical Supply; 4MD Medical Solutions; and

 

RFP-602574-16 from Revitalize Project, Inc.; US Wellness; Provant Health Solutions, LLC; Harris, Rothenberg International, Inc. d/b/a Humana Wellness.

 

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Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:

 

 

Sheriff’s Office

22.  Approve the expenditure of $2,500 from the Law Enforcement Trust Fund to provide funding to St. Johns River Festival of the Arts to support their Arts for Kids Program. (A-2481-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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The Board recessed the meeting at 10:25 a.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Spencer who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

PUBLIC HEARINGS

VASANT VATIKA SSFLU MAP AMENDMENT & REZONE/Babuji Ambikapathy

Agenda Item #23 – PH-2016-315

Kathy Hammel, Planning & Development Division, addressed the Board in regard to a request for consideration of a Small Scale Future Land Use Map Amendment from Low Density Residential (LDR) to Planned Development (PD) and a Rezone from R-1A (Single-Family Residential) to PD (Planned Development) for an age-restricted, 40-unit senior living community on 6.45 acres, located on the south side of Center Drive, approximately 600 feet east of Sunset Road, Babuji Ambikapathy, Applicant.

Ms. Hammel advised that the Applicant has requested that this item be withdrawn.  She explained they are redesigning the site and they are working with the community so they need some additional time.  Upon inquiry by Commissioner Dallari, Ms. Hammel advised the item will be re-advertised because it is not being continued to a date certain.

RIVERSIDE OAKS PD REZONE/Madden Moorhead & Glunt

Agenda Item #24 – PH-2016-377

Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to PD (Planned Development) for a single-family residential subdivision on approximately 64.58 acres, located on the north side of Celery Avenue, approximately one-half mile west of Cameron Avenue, Madden Moorhead & Glunt, received and filed.

Joy Giles, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum.  She noted that staff has made a correction to the Development Order in regard to the requirement of a sidewalk along Celery Avenue.  She explained there is a Capital Improvement Project (CIP) currently in the planning stage by the Public Works Department for the construction of a 3˝-mile trail along the north side of Celery Avenue.  This trail negates the requirement for the developer to provide a sidewalk; however, the developer will be required to provide an easement along the south side of the subject site to accommodate the trail in the future.  The proposed development is compatible with the Joint Planning Agreement (JPA) with the City of Sanford. 

Ms. Giles stated the Planning & Zoning Commission recommended approval and staff recommends adoption of the Ordinance.

Commissioner Carey clarified that in lieu of a sidewalk, the developer is going to provide a 25-foot easement so that the coast-to-coast trail will have the ability to go through there.  It is a much wider easement than providing a 5- or 6-foot sidewalk.

Charlie Madden, Madden Moorhead and Stokes, addressed the Board to state he is in attendance to answer any questions or respond to any public comment.

Commissioner Carey noted in regard to drainage, it states there is a downstream that goes through this property; there is a ditch that runs along it.  She asked whether it would be piped.  Mr. Madden responded that there are mature oak trees along the banks of the ditch, and they will work with staff to hopefully keep that ditch open; they prefer not to pipe it.  He mentioned there are a couple of road crossings that will need to be piped however.

Commissioner Constantine confirmed with Mr. Madden that the maximum in the PUD is 130 units.  Mr. Madden stated with the room that they have, it will be a cluster plan per the JPA requirements, so they are limited to 3˝ units an acre which is what they will be doing. 

Vicki Meriwether, 3471 Celery Avenue, addressed the Board to voice her concerns about the impact rezoning could have on their farm.  She stated her property is directly across from the ditch they referred to and their property has been zoned agricultural since 1914; they are a working farm.  She added they have built a buffer on their side of the street and she is hoping something will be done on the other side.  They spray and they have dangerous equipment on their property.  They also have open pockets because they have free flowing wells.  Commissioner Carey stated she is very familiar with the Meriwether family farm.  She explained they had worked very closely with the City of Sanford to come up with a Joint Planning Agreement to address this area as it starts to transition from agriculture, which is all it used to be.  She noted that Rivers Edge is a 280-acre development that has been approved which will have a big impact on the transition of this area.  Once they cross to the north side of Celery Avenue, the densities are stepped down so they can kind of buffer going to the river to keep the integrity of area. 

Commissioner Carey mentioned the 25-foot easement across the front of the property they are dedicating for the trail.  Ms. Meriwether wondered if that was going to be protected in any way because when they spray, some of their machines sound like an airplane on the ground.  Commissioner Carey stated the trail will run along the north side of Celery Avenue and that this is a statewide project that is underway.  She said she hopes people will be smart about the fact that they should not trespass onto Ms. Meriwether’s property because farming can be a dangerous thing.  She added they are all interested in maintaining the characteristics there, and there were a lot of things they required of Rivers Edge to protect the integrity and the history of that area.

Robert Lommerse, 535 Upsala Road, addressed the Board and stated he is the great, great grandson of Charles Meriwether, the original owner of the farm.  He said their concern is what would happen if someone did cross the road and come onto their property.  He noted he is going to college for a degree in citrus and will be taking over the operations of the farm when he graduates. 

With regard to public participation, no one else in the audience spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt Ordinance #2016-24 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) and approve the associated, revised Development Order and Master Development Plan for a single-family residential subdivision on approximately 64.58 acres, located on the north side of Celery Avenue, approximately one-half mile west of Cameron Avenue, as described in the proof of publication; Larry Dale and Daryl McLain, Owners; Madden Moorhead & Glunt, Applicant.

Districts 1, 2, 3, 4 and 5 voted AYE.

CONSOLIDATED STREET LIGHTING DISTRICT ORDINANCE AMENDMENT (MSBU)

Agenda Item #25 – PH-2016-374

     Proof of publication calling for a public hearing to consider repealing and replacing Ordinance #2015-32 to create Francis Street, Raymond Avenue, and Orange/Hillcrest East Municipal Services Benefit Units (MSBUs), and to adopt the respective initial assessment rolls, received and filed.

     Kathy Moore, MSBU Program, Resource Management Department, addressed the Board to present the item as outlined in the Agenda Memorandum.  She stated the Ordinance presented for revision includes three new MSBUs to fund street lighting.  Each of these MSBUs was initiated by community-based application and carried a community support rate of at least 55%.  The proposed MSBUs with their respective initial assessment rates are as follows:  Francis Street - $55 per parcel, Raymond Avenue - $20 per parcel, and Orange/Hillcrest East - $30 per parcel.  If approved, the amended Ordinance will be effective October 2016.  Equipment installation will be dependent upon the scheduling by the electric utility company and is expected to be completed no later than December 2016.

Commissioner Carey submitted her ex parte communications into the record.

With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.

     Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute the Consolidated Street Lighting District (CSLD) Ordinance #2016-25, repealing and replacing Ordinance #2015-32, to create Francis Street, Raymond Avenue, and Orange/Hillcrest East Municipal Services Benefit Units (MSBUs), and to adopt the respective initial assessment rolls, as described in the proof of publication.

     Districts 1, 2, 3, 4 and 5 voted AYE.

2016 NON-AD VALOREM ASSESSMENT ROLL

Agenda Item #26 – PH-2016-371

     Proof of publication calling for a public hearing to consider approval of a Resolution to adopt the 2016 Non-Ad Valorem Assessment Roll with Certification provided to the Seminole County Tax Collector, received and filed.

     Kathy Moore, MSBU Program, advised this item is to provide opportunity for public input prior to the Board adopting and certifying the consolidated Assessment Roll for Tax Year 2016.  She reviewed the details of the 2016 Non-Ad Valorem Assessment Roll (NAVA Roll) as outlined in the Agenda Memorandum.

Ms. Moore submitted written public comment into the record.

Chairman Horan asked how many different MSBUs they actually administer under the County.  Ms. Moore advised they have approximately 425 individual MSBUs that are tracked as individual funds.

With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.

Motion by Commissioner Henley, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute appropriate Resolution #2016-R-130 adopting the 2016 Non-Ad Valorem Assessment Roll (CD received and filed) with Certification provided to the Seminole County Tax Collector, as described in the proof of publication.

Districts 1, 2, 3, 4 and 5 voted AYE.

GREYHOUND PROTECTION ACT ORDINANCE

Agenda Item #27 – PH-2016-393

     Proof of publication calling for a public hearing to consider adoption of an Ordinance amending Chapter 20, Animals and Fowl, of the Seminole County Code, establishing licensing and reporting requirements for greyhound racing kennels and racing dogs, GREY2K USA Worldwide, Inc. and the Committee to Protect Greyhounds, et al, Petitioners, received and filed.

     Bryant Applegate, County Attorney, explained that the hearing today is to consider the adoption or rejection of the citizen-petitioned Greyhound Protection Act, which would amend Chapter 20 of the Seminole County Code of Ordinances.  He stated it has been the position of the County Attorney’s Office that the field of greyhound racing and protection is pre-empted by Chapter 550 of the Florida Statutes.  Therefore, they sought and got approval to file a declaratory judgment action asking the court for a ruling on that.  The hearing on that is scheduled for August 19.

     Mr. Applegate stated the Board has asked, pursuant to Section 2.2(h) of the Charter that this public hearing be held to consider the adoption or rejection of the Ordinance.  He pointed out that the Board has a couple of options:  (1) they could adopt the Ordinance at which point they would be required to dismiss the lawsuit; and (2) if the Board rejects the Ordinance, they can instruct, by Resolution, to have the Petition set on the ballot, which would allow the hearing scheduled for August 19th to continue.  Chairman Horan noted an option in the Agenda Memorandum was to continue the item to a date and time certain and questioned if that is still an option.  Mr. Applegate said that it is, but it has been his position from the start that since the lawsuit was filed, the 60-day time requirement is not applicable, plus case law strongly supports that a time requirement would normally not prohibit or allow a court to enjoin an election process on a technicality.  Therefore, Mr. Applegate stated that if they continue the hearing for whatever reason, they could come back in two weeks and make a final decision, which would still leave time to have the matter placed on the ballot since September 6 is the deadline for the Supervisor of Elections.

     Commissioner Carey questioned if they decide to adopt the Ordinance today, whether it would just be codified into Chapter 20, Animal and Fowl Control.  Mr. Applegate responded that is correct.  If it were adopted, then the County Attorney’s Office would take the necessary steps to have it codified.  Chairman Horan confirmed with Mr. Applegate that at that point, they would have to dismiss the lawsuit.

     Commissioner Carey clarified with Mr. Applegate that the citizens’ request is that injuries and disposition methods be reported.  Mr. Applegate advised that the first section is to delete the exemption for greyhound kennels under commercial kennels and then there is a reporting requirement for both injuries and disposition.  It provides for penalties for false reporting.

     Commissioner Dallari noted that if the Ordinance is adopted, which would require dog licensing, it doesn’t set the fee structure.  Mr. Applegate said that would come later on.  He believes it was framed that the County Manager would seek authorization to adopt a fee structure.  Ms. Guillet advised they do currently have a fee for licensing of domestic animals and they also have a fee for licensing of commercial kennels.  They would ask the Board to consider in the future, if they were to pass this, also enacting some sort of filing fee associated with the filing of the injury and disposition reports.  Commissioner Carey stated that this would not go into effect until March 1st which would give some time to determine what would be a reasonable price for those.  Mr. Applegate pointed out that the State is in the process of adopting further rules.

     Chairman Horan questioned when the next hearing or proceeding is in the rulemaking process of the State on this.  Mr. Applegate responded they have not announced it yet, but they have started the process.  Commissioner Carey said she asked the lobbyist what the State is actually regulating now and as she understands it, the only thing that has to be reported is if there is the death of a dog on the track.  If the dog is injured and has to be removed from the property, the disposition of the dog does not have to be reported.  Mr. Applegate clarified it does not prevent someone from reporting it.

     Carey Theil, Executive Director of GREY2K USA, addressed the Board to state they work to pass greyhound protection laws, phase out greyhound racing, and promote greyhound adoption.  He noted that as a non-profit, they do extensive research regarding the greyhound racing industry and most of the research they do is through public information requests to state agencies and other public officials.  They also monitor the industry itself.  He displayed a PowerPoint presentation (received and filed) and said he pulled the data from their files about the Sanford Orlando Kennel Club (SOKC) to help the Board make an informed decision, and all of the data is from the past decade.  He reviewed Quick Facts and Greyhound Population, which depicted an aerial of the kennel compound.  He explained that each of the kennels is privately owned and the property is leased to them.

     Mr. Theil showed photos and discussed Confinement and Daily Turnouts.  He indicated that other than the four daily turnouts for the dogs to relieve themselves and the five days they go to the track to compete, the dogs will be kept in cages until the end of their racing career.  A 2006 investigative report stated that dogs are normally confined for 20 to 23 hours per day. 

Mr. Theil covered Greyhound Deaths & Injuries and Five Severe Cases of Neglect.  A booklet (received and filed) was distributed entitled “Confinement” and Mr. Theil noted there are actual investigative reports included in the booklet which include unsanitary conditions and greyhounds being denied veterinary care.  Finally, he reviewed Other Issues, which included a greyhound testing positive for cocaine at SOKC in 2015 and the use of “4-D” raw meat as a way to reduce costs.

Commissioner Carey asked Mr. Theil what GREY2K is currently asking the State to do in their rulemaking process.  Mr. Theil advised that in working with Senator Sobel’s office, he drafted the budget proviso language that the Commissioner is referring to.  He added that he testified in Tallahassee last week at the workshop on this issue.  He pointed out that the State opened the workshop, gave no introductory comments, took testimony and closed the workshop without indicating their intentions.  He said he believes the State will move forward and create a rule but he does not know that for certain.

Commissioner Carey noted that in the presentation, Mr. Theil stated that out of the twelve dog tracks in the state, SOKC is the only one that does not have a poker room.  The Commissioner advised that there will never be a poker room there because there is a Charter provision that does not allow any additional gambling to be added from the time the Charter was adopted. 

Mr. Theil said they know from state filings that every dog track in the state is losing money.  He believes they are seeing greyhound racing slowly end throughout Florida and throughout the country.  They are fighting both to make that time length shorter and to do what they can in the meantime to make life better for these dogs while this activity continues.

Commissioner Carey asked if what is in the petition before them today is what they have asked the State to do in their briefings and testimony to the State including licensing, injury reporting, disposition reporting and all of those things.  Mr. Theil advised that he has a long list of reforms that he would like to bring to help these dogs at the state level.  At the state level, however, they have been focusing on one issue at a time, and their primary focus has been requiring the reporting of greyhound injuries.  He added that their organization is hoping that whatever Seminole County adopts and whatever the State adopts would be very similar, if not identical, and would be harmonious.  He indicated the commercial kennel provision and the licensing provisions are county provisions that are distinct from the state regulations in this area.

Chairman Horan confirmed that GREY2K was not the organization that brought forth the petition.  Mr. Theil said they are not, but they have worked very closely with local volunteers; they provided them with logistical support and their counsel provided assistance in terms of the drafting of it.  He added the petitioner was always the Committee to Protect Greyhounds. 

     Carla Wilson, campaign manager for the Committee to Protect Greyhounds, addressed the Board and said she has been a Seminole County resident for 20 years.  Since December, she has collected signatures for the Greyhound Protection Act from Seminole County voters.  She then introduced Christine Dorchak.

     Christine Dorchak, 11A Lakeview Street in Arlington, MA, addressed the Board to speak in support of the Greyhound Protection Act.  She stated she is a volunteer for the Committee to Protect Greyhounds and she offered her expertise in helping them draft the language in the Greyhound Protection Act.  She did this in consultation with other endorsing organizations including the Humane Society of the United States, the Pet Alliance, and several veterinarians.  She stated this language represents the culmination of all of them to try and pass some sort of legislation to protect greyhounds further here in the county.  A PowerPoint presentation (received and filed) was displayed, and Ms. Dorchak said she will speak about the goals of the petition and how the petition works.

     Ms. Dorchak covered the first slide which included four main aspects of the Greyhound Protection Act.  She stated that it is standard in the greyhound industry to provide disposition records, which detail the fate of greyhounds when they finish racing, and they would like those records to become part of the public record, in addition to injury reports.  She then reviewed Commercial Kennel Inspections and Dog Licensing.  She explained they would like greyhounds to be protected under the same sections of the Code in regard to care, housing and standards that protect other dogs in the county.  The Disposition and Injury Reporting slide was reviewed by Ms. Dorchak and she concluded by stating that other counties have provisions for greyhound protection and she believes this county is well within their authority to do so as well.

     Chairman Horan questioned whether the term “commercial kennel” is actually defined under the Code and Mr. Applegate responded in the affirmative.

     Commissioner Carey confirmed with Ms. Guillet that they currently require all commercial kennels in the county to be inspected or registered or licensed.  Commissioner Carey then asked whether the greyhound kennels are exempt.  Ms. Guillet explained they are not specifically exempted in the current regulations, and what this proposal does is specifically include them because greyhound racing is regulated by the State. 

     Marilyn Pagliaro, 675 Waneta Court, addressed the Board and stated she was one of the volunteers that collected signatures.  She spent numerous hours in the heat and rain speaking to many people about injury reporting for greyhounds.  She noted that an overwhelming majority of people were horrified to learn that Florida was one of only two states in the nation, out of only seven that allow greyhound racing, that did not have a greyhound injury reporting law.  She opined that through the Greyhound Protection Act, Seminole County can provide an additional level of protection that complements the state law.  Since the ultimate penalty for racing, death, must be reported, surely the injuries that can cause death can be reported easily.  She said she will work long and hard to protect animals because they cannot speak, they cannot choose where they live, or what happens to them. 

     Chairman Horan asked in what year did she say the State added a provision or rule that required the reporting of greyhound deaths.  Ms. Pagliaro replied she believes it was 2013.  Chairman Horan clarified that the rule came out of the statute, so it was actually done by the Legislature.

     Michelle Bruder, 1880 Chilean Lane, addressed the Board and advised she has lived in Central Florida her entire life.  She is a business owner of two local, small businesses.  She was one of the volunteers who collected signatures.  She said she feels that a lot of this comes down to transparency and that having injury reporting and disposition reports will allow the community to be able to make their own decisions on how they feel about greyhound racing.  She added if the dogs are being treated well, there should be no fear in reporting.

     Heather Hayes, 822 Fairview Avenue, addressed the Board and said she became involved with this cause because she has seen firsthand the cruelty in the treatment of these animals.  She explained she lives five minutes from the dog track and countless times, she has seen old and rusty pickup trucks with poor ventilation transporting many greyhounds like they are trash bags.  She noted she spent countless hours in the sun and the rain getting signatures to try and get this on the ballot. 

     Kathy Pelton, 2995 East Budd Drive in Cooper City, addressed the Board to state she drove here quite a few times to collect signatures for the ballot initiative because she believes it is important to the welfare of the racing greyhounds in Seminole County.  She has two ex-racers and said she takes them to middle schools in Dade, Broward, and Palm Beach counties.  She shows a PowerPoint presentation depicting how they put eight dogs in the starting box who make the first turn at about 40 mph.  She continued to describe a typical greyhound race.  She asked the Board to keep these images in their minds when considering the ballot initiative. 

     Ken Pelton, 2995 East Budd Drive in Cooper City, addressed the Board stating that over the years, he and his wife have adopted five greyhounds from the racing industry.  He opined that the American greyhound racing industry has a history of animal abuse going back well over a half century, and this is why it is currently banned in 40 states.  He added it is not only America that looks on commercial greyhound racing with disdain; many other countries are taking action as well.  The State of South Wales in Australia very recently passed a law banning all commercial greyhound racing which meant that the 34 commercial tracks have to go out of business within the next month.  His research and personal experience has shown him that the greyhound racing industry rarely or never does anything to improve the welfare of racing greyhounds until the cover has been pulled off their operation and the various activities are exposed to the light of day.  He added this was true when they used live baiting and it was true regarding the routine practice of killing dogs before adoption took place; they had to be embarrassed into it by the media.  He concluded stating that comprehensive injury reporting is very important because wherever it has been implemented, the number of greyhounds that are put down because of simple injuries are not put down anymore because those injuries are repaired.

     Sandra Boylston, 105 Ventura Drive, addressed the Board and said she has been a resident of Seminole County for 35 years.  She remarked she cares about all dogs and was aware of the Sanford Orlando Kennel Club, but was completely unaware of what went on in the kennels or at the tracks until she recently received an email from the Humane Society of the United States.  She then signed up to collect signatures for the Greyhound Protection Act.  She stated that she and many others would be overjoyed to see the Greyhound Protection Act passed.

     Kate MacFall, Florida State Director of the Humane Society of the United States (HSUS), addressed the Board and stated they work to protect animals, companion animals and wildlife, throughout the state.  It is her understanding that there is some pushback on the Greyhound Protection Act from Animal Control/Animal Services.  She noted that this is not intended to be an onerous task to add to their workload considerably at all; it seems to be very doable.  She said the HSUS supports the incredible work from Animal Control Officers and Animal Services consistently; they provide a valuable service to communities, and hopefully they can all work together. 

     Chairman Horan questioned whether the HSUS has lobbied the State or proposed any legislation or rules at the state level to adopt the exact provisions that are being proposed here.  Ms. MacFall advised she is a registered lobbyist for HSUS and they have proposed rules that would require reporting on the injury of these animals.  Upon further inquiry, Ms. MacFall replied she did testify last week in Tallahassee regarding this issue.  Chairman Horan wondered whether HSUS has asked the State to adopt this particular provision of reporting greyhound injuries and Ms. MacFall responded yes. 

     Suzann McAlister, 610 Fellowship Drive, addressed the Board to say she has heard all the bad stories about dogs being injured and put down, and she has also heard all the wonderful stories of adoption.  She is thankful that the track does work with rescue groups to find homes for many of the dogs.  However, as a resident, she wants to know all the facts on all of the dogs.  She wants each dog licensed in Seminole County so they can track each dog, and the facility to be licensed so it can be inspected by the County.  She questioned since they have to license their animals locally, why the greyhounds don’t have to be licensed locally.  When she was collecting signatures, she could not tell residents that asked her how many dogs were being adopted out and how many were being put down.  She hopes that someday soon that information will be available to all Seminole County residents.

     Emily Bellairs, 430 Shady Woods Road, addressed the Board to voice her support.  She has lived in Seminole County for 17 years and volunteered with her son to collect signatures.  She advised that most residents who signed the petition had assumed that the four requests in the ballot initiative were already implemented in this county.  One of the residents who signed the petition stated he did not care about the greyhounds; however, he strongly believes in giving the people their right to vote.  She believes in transparency and wants to know what goes on in the facility. 

     Bryan Wilson, 702 Heather Lane, addressed the Board and noted there were more than 14,000 voters across the county that signed the petition so they would have a voice for transparency.  He stated that every year he and his wife travel to Tallahassee for Humane Lobby Day and every year one of the chief concerns is greyhound injury reporting and greyhound decoupling, which is separating greyhound racing from the other forms of gambling, and every year the session ends without anything going forward at the state level.  When they had the opportunity to do this at the county level, they grabbed it with both hands and they are not letting it go. 

     Michelle Renee Vaisey, 1396 White Oak Drive, addressed the Board and explained that she is a hair stylist and they are covered by a state board, and they know the State can walk in at any time and if things are not done properly, they can get fined.  She believes inspections of the racing industry are very important.  She added that this is a chance for Seminole County to lead by example.  She then read a poem about a greyhound racer. 

     Mary Stewart, 1375 Shady Knoll Court, addressed the Board and said her question is why the Sanford Orlando Kennel Club would have any issue with what they are trying to accomplish through the Greyhound Protection Act and why they would not want to disclose the number of injuries that occur at the track.  She added they already keep this information so it would not be a hardship to make that information public.  She has adopted multiple greyhounds from that track and they came to her with broken tails, broken teeth, broken toes, scars all over their back, and scared to death of men.  She would like to know what was done to her dogs to cause these injuries.  She noted they also do not want to disclose where the dogs go after they leave the track and this is very important information to have.  She noted they say on their website that there is a 100% adoption rate, and she said if that is true, that is wonderful.  She questioned why they would not want to license the dogs because there is a very minimal fee involved.  She opined what they will be more concerned about is the fact that there would be random, periodic inspections, and she asked the Board to vote in favor of the dogs.

     Mitch Cohen, 940 West Canton Avenue, addressed the Board stating he is the general manager of the Orlando Sanford Kennel Club.  He read a statement (received and filed) into the record which is in opposition to the Greyhound Protection Act.

     Commissioner Carey questioned whether they require any of the owners or trainers to report incidents that occur in their kennels to OSKC management.  Mr. Cohen advised they do and they have an on-track, full-time veterinarian that keeps track of everything.  Commissioner Carey confirmed that the trainers and owners are not employing their own vet and are using the one from the track.  After further inquiry, Commissioner Carey stated then they have one veterinarian overseeing 620 dogs. 

     Commissioner Carey wondered what the harm would be in reporting if they only had 2 incidents out of 53,000 starts where they had to euthanize the dogs.  Mr. Cohen responded that they are already highly regulated by the State.  She then asked if they are required to report that to the State, and Mr. Cohen replied they are.  Commissioner Carey then questioned whether they are required to report to the State if the dog is taken away from the track and then the decision is made to put the dog down because it was injured so badly.  Mr. Cohen advised that would also be reported to the State.  Chairman Horan confirmed that any dog that is euthanized must be reported but the injuries do not.  He asked what would be the problem of reporting the injuries that require care to the State.  Mr. Cohen said if the State would implement an injury policy, they would be on board with that. 

     Commissioner Dallari stated that Mr. Cohen said that they keep track of the injuries.  He asked what the issue is in sharing that information.  Mr. Cohen repeated that they are regulated by the State, so if the State implemented the laws that asked them to share this information, they would.  Commissioner Dallari confirmed they do keep track of the injuries.  Commissioner Carey stated that it would not really be a burden if the Ordinance passes because they are already collecting the information; they are just not sharing the information.  Mr. Cohen explained there would be an added cost on their kennels in regard to licensing, which would be their biggest burden.  He responded to Commissioner Dallari that they do have a form for recording injuries.  Chairman Horan noted that the veterinarian would be required to keep some kind of medical records concerning the treatment of the dogs and asked what the problem would be with sharing that.  Mr. Cohen reiterated that if the State required the reporting of injuries, they would have no issue with reporting injuries.  He added they feel they should be under the same umbrella as the other racetracks in the state of Florida. 

     Upon inquiry by Chairman Horan, Mr. Cohen advised they run 5 days a week; 30 races on Fridays and Saturdays, and 15 races Monday, Wednesday and Thursday.  Chairman Horan then inquired how many dogs in a week, on average, would get hurt that require treatment.  Mr. Cohen noted that they have multiple weeks where they don’t have any dogs get hurt.  He added that the vet will look at the dog for any scrape or scratch, and if the vet looks at a dog, he will keep a record of it.  Track safety is paramount to them.  He added that owners and trainers love their dogs like family, and they want what is best for the dogs. 

     Commissioner Carey stated if they don’t have a lot of injuries and they are keeping track of the injuries anyway, if the Ordinance is adopted, it should be pretty easy for them to comply with that.  Mr. Cohen expressed that it puts an unnecessary burden on the people that work at the kennels in regard to licensing at a county level.  Upon inquiry by Commissioner Carey, Mr. Cohen stated it is $2.00 to get into the clubhouse and people get a free racing program; they do not charge anything to get into the grandstands but they do sell the racing programs.  They simulcast other horse races from around the country and they sell programs for those tracks.  Also, they have a full operating kitchen and are open six days a week. 

     Mr. Cohen stated that Penn National owns 28 properties around the country and the Sanford Orlando track would not still be in business if they were not treating the dogs right because they would not want to jeopardize any licenses on their part.  Also, he said they would not be operating if they were not making a profit.  Commissioner Carey asked how many dog tracks in Florida are owned by Penn National, and Mr. Cohen replied that just the SOKC is. 

     Mr. Cohen mentioned that in the PowerPoint presentation that Mr. Theil presented, a lot of that information was from 2006 through 2010, and Penn Gaming did not take over the track until after that, and that is when they started implementing a safety lure and safety rails and working with local adoption groups and the no-kill policy. 

     Commissioner Carey asked that Mr. Cohen speak on the no-kill policy.  Mr. Cohen stated they do not put dogs down and the 2 dogs that had to be euthanized out of 53,000 starts was due to the injuries being catastrophic; they had no choice.  They have invested a lot of money into the adoption programs.  They do what it takes to save the greyhound’s life.  He stated that he, along with the owners and trainers and adoption groups they work with, all chip in to take the dogs to the best vets in the area, and they work to rehab the dog and adopt the dog out.  Commissioner Carey confirmed that Dr. Olson is the only one that sees the dogs at the track, and the owners and the track provides other medical services with whomever they choose. 

     Jeff Kottkamp, on behalf of the Florida Greyhound Association, addressed the Board to speak in opposition to the Greyhound Protection Act.  He advised this association is comprised of 3,000 dog owners and trainers across Florida.  He explained he is an AV-rated lawyer and has been licensed in Florida for 28 years.  He said he had the privilege to serve in the Florida House of Representatives.  During that time, he passed an animal cruelty bill that became the law in the state of Florida.  As Lieutenant Governor, he worked closely on the compact with the Seminole Tribe.  He explained he mentioned that to let them know he is intimately familiar with the state law with respect to pari-mutuels, greyhound racing, and animal cruelty.  He added he is a dog owner himself and supports Pets Alive out of Tallahassee, whose goal is to make every shelter in Florida a no-kill shelter.

     Mr. Kottkamp stated he agrees with the County Attorney’s Office because he does not think there is any question that the greyhound industry in Florida is a heavily regulated industry.  He added the statute says that the Division shall regulate it, it is not an option; and that they shall have uniform rules throughout the state, not just in how the track is operated but in how the animals are treated.  The statute also regulates how every greyhound in Florida is treated.  He advised that anybody that mistreats a greyhound animal at a track can be banned from the track and they are banned from tracks.  There are regulators that act on complaints every day to make sure that these beautiful, majestic racing animals are treated well.  He opined that this track in Seminole County has to be one of the best in the country; it is very well operated. 

     Mr. Kottkamp noted that they have heard from people that are passionate about this and believes it is well-intended from the perspective of the citizens of Seminole County.  He opined that GREY2K wants to put this track out of business, which will lead to the unemployment of hundreds of people, have an impact on this economy, and he doesn’t feel they have been honest with the citizens that have been here testifying before them today.  They care about the animals; they are not here necessarily to support putting the track out of business, but that is the goal of GREY2K.  He stated that frankly, they have had issues with the GREY2K organization in Tallahassee.  They have tried to pass a bill to not just report injuries, but to prevent them, to require certain steps be taken at tracks across Florida so that these dogs don’t have racing injuries at all.  And, for whatever reason, they have opposed those efforts at GREY2K. 

     Mr. Kottkamp noted that he loves when citizens come to tell government what they want, but he does not think any of them have been to the track.  They are testifying based purely on what they have been told.

     Mr. Kottkamp stated this most certainly is an industry in a regulatory sense that is pre-empted by the State.  When you look at the totality of the state regulation, this is not Seminole County’s fight.  He stated he loves animals and dogs as much as everybody that stood up and testified today, and this is not a rejection of their concerns.  He opined they have been put on the bandwagon of something that really isn’t a decision to be made at the county level.  He added he has great respect for these citizens and he knows that the Board does, but somebody needs to tell them the honest truth.  This is a decision that has to be decided at the state level because the State cannot have 10 different counties with 10 different licensing standards and 10 different regulatory standards in a statewide industry.  He added that as Commissioner Constantine knows, this is a very complicated area, and if they start to have different counties with different regulatory schemes and licensing schemes, it would make it virtually impossible to ever bring this in for a landing.

     Commissioner Carey inquired as to whether the State inspects the track facility as part of their regulation.  Mr. Kottkamp replied that not only do they inspect the tracks regularly, they act on complaints, which brings even more inspections.  He added there are people there from the state when the races are run, and reiterated there is very heavy regulation of this industry.

     Commissioner Carey asked when a citizen complains about abuse or mistreatment of an animal at a track, which spurs an investigation, whether that person is then contacted with the result of what the investigation concluded.  Mr. Kottkamp responded that he does not know the answer to the question because he has only been on the regulatory side.  Commissioner Carey pointed out that is part of the issue, people just want to understand what is happening if there is an injury.  She added they can encourage the State to do rulemaking that would require them to get this information and make it available to the public, but it doesn’t sound like they have been interested in doing that over a period of time.  It is not just the people who are here testifying today.  She noted that collecting 14,000 signatures in a county this size is a pretty tough thing to do in a set period of time, and it is because people are passionate about animals like many here.  Maybe there is some encouragement to do that if one track has to start doing it or if tracks in other parts of the state have to do it because it is adopted by other people, then there would be one level playing field for everyone.  Mr. Kottkamp advised there is a current rule on the treatment of greyhounds and animal welfare, and it is a very specific and detailed rule.  Chairman Horan asked Mr. Applegate to provide the Board with a copy of the rule.  Mr. Kottkamp stated if this was just about animal welfare, everybody would support it, but it is not just about that.  The out-of-state groups want to put these tracks out of business and that is where it gets complicated.

Chairman Horan expressed that the only issue they are worried about is if there are dogs being mistreated in this county.   He said he believes they have the authority that if someone complains about a greyhound being mistreated, their Animal Control people can actually investigate.  Ms. Guillet advised they do have the authority to investigate animal cruelty complaints.  They typically work with other agencies like law enforcement.  In this case, it would be a state agency.  They don’t always take the lead but they do have the ability to do that.

Chairman Horan noted he was just handed a transcript.  (State of Florida, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, Rule Workshop for Rule 61D-2.023 transcript was received and filed.)  He read some of the testimony by Mr. Theil who spoke in support of greyhound injury reporting.  He opined the issue here is not necessarily that a lot of injuries are occurring.  The problem is in terms of the strategy and tactics of the two sides warring about whether greyhound racing should be allowed or not allowed.  At any sporting event, whether it is an animal or a human being, there are going to be injuries.  So what might be normal injuries that occur to these greyhounds, he said their concern may be that this may provide some kind of evidence or ammunition for the other side.  He stated if you have 200 races per week and there are truly few injuries that require that much treatment by Dr. Olson, there can’t really be all that many injuries with that many dogs and only one veterinarian.  He sees no problem at the state level in allowing this because it would be part of the process.  The transparency would be there and then part of the process is that the other side would say that is normal.  Injuries occur at high school football games and in every sport, in horse racing, etc. 

Mr. Kottkamp explained that as an organization, they have a zero-tolerance policy for anybody that harms a racing greyhound.  They are expelled from the organization and they are not allowed to race at the tracks.  As he said before, if the motivation behind all of this is simply for the greyhounds, they would support that.  But the motivation, frankly, is to put these people out of business, to put 3,000 people out of work.  He stated they know this because when they proposed legislation to not just report injuries, but prevent them with three simple steps:  safe racing conditions, breakaway lures, and making sure all electrical wires are not exposed, GREY2K opposed it.  He reiterated that this is not the County’s fight, and it has to be hashed out in Tallahassee.

Carol Becker Rizzo, President of God’s “Greyts” Greyhound Group in Orlando, addressed the Board and stated they are a 501(c)(3) non-profit group.  She has been involved with greyhound adoptions since 1994.  In the 9 years with God’s “Greyts” Greyhounds, she has placed more than 1,300 greyhounds from the Sanford Orlando Kennel Club into adoption.  She said 5 years prior to that, she co-founded Gold Coast Greyhound Adoptions here in Orlando and helped to place another 1,000 dogs through that organization.  She is allowed to enter the kennel compound where these dogs are housed and she typically visits two to three times a week to take retired dogs home, take photos, or just see what dogs are available.  She has been doing this for 14 years at the SOKC.  She pointed out that she sees firsthand how these dogs are kept and treated.  She can say with absolute certainty that no healthy dogs are euthanized at Sanford Orlando.  In the past 14 years, she said conditions have improved dramatically for these dogs, and with the takeover by Penn National Gaming, things have gotten even better.  It was not always this way.  She explained that even just 10 years ago, healthy dogs were being put down because there was simply not enough adoption options for them, and the management at that time simply put no importance on it.  She noted it is no wonder that dog tracks, in general, got a bad reputation. 

Ms. Rizzo stated she is also a greyhound adopter and a fierce dog lover.  The situation at Sanford Orlando is much different now.  Now every dog gets taken in by an adoption group and eventually gets a home, even the injured ones.  The trainers at Sanford Orlando love their dogs and it shows in the way that they treat them.  She advised the dogs have thick carpets to lie on in roomy crates, much larger than what Carey Theil reported.  The crates are bigger than the crates in many of their adoption kennels.  The trainers often give their dogs bones and biscuits to help clean their teeth.  They are in good condition and at healthy weights.  Vaccines are meticulously kept up to date, and she said she knows that because she sees their vaccine certificates when she takes them.  They are fed good food with a lot of supplements, and they are turned out 3 to 4 times a day, for 15 to 20 minutes each time.  She expressed it is hurtful to these trainers to have false information being spread by people who have never seen how these dogs are cared for.

Ms. Rizzo stated Sanford Orlando has an extremely caring and capable veterinarian on staff, Bruce Olson, who is on call 24/7 and he is also a very helpful resource to the adoption groups and freely shares his expertise with them.  She typically speaks with him three or four times a week and he makes himself available to adoption groups anytime for advice.  If a dog gets hurt racing or in a kennel, it is treated right away, and if the injury is deemed surgically fixable, she or one of her other colleagues from the other four greyhound adoption groups in Orlando immediately make arrangements with their veterinary clinics to get the dog in right away.  She pointed out the clinic they use is open 24/7.  She noted that no injured dog languishes waiting for help at Sanford Orlando with Penn National Gaming at the helm. 

Ms. Rizzo asserted the adoption event program put into place by Penn National Gaming at Sanford Orlando is first rate.  They are constantly running adoption events at the dog track and have donated hundreds of thousands of dollars over the years to adoption groups to assist them with their costs.  She said she has traveled all over the country and visited many other dog tracks, and few of them can compare to the program here at Sanford Orlando for greyhound adoption.  The current manager, Mitch Cohen, has gone above and beyond to help adoption groups and often seeks their advice for ways to improve the process of moving retired dogs.

Ms. Rizzo stated she wanted to rebut some of the comments because she has inside knowledge of how the dogs are being kept.  The meat that they are fed does not make them sick; if they were sick they would be unable to race and could not make any money for their owner.  She advised the meat is healthy meat that is mixed in with regular kibble and they get a lot of supplements. 

Ms. Rizzo explained the dogs at Sanford Orlando are just visiting here.  They are owned by people who live in other counties or other states, so to try and license a dog here for maybe just the two weeks they are here to see if they can possibly even race, seems ridiculous to her and a big waste of not only the dog track’s time and energy and money, but for county staff also.  They would need to process all the applications and there would be thousands of them.

Ms. Rizzo concluded by saying adoption groups are required to report to Sanford Orlando each month which dogs they take and where they went, whether its locally in Orlando or to another adoption group in another town or state.

Commissioner Carey stated all the citizens are asking for is to make available to the public the information on the injuries and the disposition of the dogs, and the tracks already keep that information.  Ms. Rizzo responded that she does not have a problem with that and she believes it is a good idea.  She added as the Board has heard, SOKC doesn’t have a problem with that either, but the licensing is bundled into that, and that doesn’t make sense for this particular position.

Commissioner Carey confirmed with Ms. Guillet that the licensing would only be required for dogs that are here longer than 30 days.  Mr. Guillet advised that dog owners have 30 days to license a dog after bringing it to the county.  Commissioner Carey questioned whether the industry is still seasonal, and Ms. Rizzo advised that many of the dog tracks do close seasonally, but Sanford Orlando does not.

Alastair Grant, a kennel owner, addressed the Board and noted he resides in the county.  He stated he knows how he treats his dogs and he has heard people say that they have never been to the kennels or a track, but this is what they have heard.  He added that it infuriates him.  If he mistreated his dogs or didn’t feed them right, they wouldn’t run and he wouldn’t make any money, which doesn’t make any sense.  He expressed that this is not about the dogs; this is about the organization against racing wanting to close them down.  He said this is America and he has the right to make a living.  They are under strict regulation from the State, and they get inspected often.  In fact, his kennel was inspected twice last week.  They have to keep a log of the dogs, where they came from, and the owner of the dog.  If the inspectors ask and he does not tell them where the dog is, he would lose his license. 

Mr. Grant stated he does not understand why he has to be under the strict scrutiny of the State, and also at the county level, and would need to get another license.  He opined that makes no sense.  He noted as far as injuries are concerned, he does not have a problem reporting injuries, but it needs to come from a state level with guidelines because what would be classified as an injury.  Is it a race-ending injury, is it a toenail, if he takes a dog off for a rest, would that be classified as an injury.  He believes they would take a rested dog as an injury and pad their stats with it.  He explained that he raced in Texas, and the same thing happened there.  They lumped all the injuries together, like a bad toe that heals in a few weeks, and they classified it as a race-ending injury.  He actually had a dog that they said had died, and it was racing three weeks later.  He stated these organizations are not entirely truthful with people, and he has been through this for 30 years.  He reiterated they just want to shut them down, and he doesn’t need the burden of another license fee on him.  Do they realize how much it would cost him to get licenses on 80 dogs?  He confirmed with Ms. Guillet that it would be $25 times 80.  He said that is what they would impose on him, which is not fair when he has to pay the State; it is paying something twice.

Mr. Grant pointed out that he is a dog lover and has pets too, and if any of the residents would like to follow him to his kennel right now after the hearing, he would be glad to take them to see how these dogs are living and are treated.  He added he has nothing to hide.  He is angry that people are making accusations, and they have already stated they have never been to a racetrack and they have never been to a kennel, so how do they know.  It is what they have been told.

Mr. Grant stated he does not understand why the county would be involved with the licensing.

Commissioner Carey noted in the proposed Ordinance, it defines an injury as those incurred while racing in the county in official and schooling races.  Mr. Applegate advised they raised the issue in the complaint that that definition is vague because it does not define what type of injury.  Commissioner Carey repeated it is any injury that occurs during an official race or schooling race.  She added she wanted Mr. Grant to know that this does include a definition for injury and for disposition.  Mr. Grant asked whether he would have to report as an injury if, for example, he put a dog on rest for two weeks due to a slight sprain.  Commissioner Carey read the definition aloud and Chairman Horan stated for the record they are talking about the Ordinance as presented in the petition, which was not drafted by the County.  Mr. Grant clarified that he has to give the track a reason for resting a dog and if he says it is a minor sprain, he would have to report that as an injury.  Mr. Grant asserted that the only thing he has a problem with on the ballot initiative is the license fee. 

Commissioner Carey confirmed with Mr. Applegate that if they adopted this particular Ordinance, it would have to be adopted as presented and that no changes could be made to it for a year.  Mr. Applegate added it would take effect March 1, 2017, so it could not be amended per the Charter requirement until March 1, 2018.  Commissioner Carey inquired if the State imposes rules before March 1, then what happens.  Mr. Applegate stated his Office’s position is that they are pre-empted, and he thinks the more rules that the State adopts, the more the argument becomes that they are pre-empted and should just let the State regulate.

Edward Bolton, 20221 Sugarloaf Mountain Road, addressed the Board stating he lives in Clermont but owns some businesses and homes in Seminole County.  He added he taught school in this county for over 38 years.  Over the last few years, he bought greyhounds and now owns a kennel at Sanford Orlando Kennel Club.  He stated he wants to assure everyone that he would certainly not be in this business if he felt that there was any way that this business was detrimental to the dogs.  These dogs love running and he loves watching them run.  They give them very high quality care and if he found anyone that was not doing that, he would turn them in in a heartbeat. 

Mr. Bolton stated the biggest problem here is that everybody on both sides really cares about the greyhounds.  He thinks that the real problem is that they cannot find some kind of common ground.  What they do not agree on is the fact that most of the people that are anti-racing are misinformed about what is happening.  For instance, he said, he has a couple negative quotes from the newspaper and he read those aloud.  He expressed that these statements alone show that those quoted are truly misinformed.  His kennel greyhounds are turned out several times a day, and the ones living in his home, just love lying around on couches a lot of the time.  He said he thinks the problem is the misinformation being spread around by GREY2K.  He noted that all the things they presented today are 10 years old, and things today are much different.

James Lax, 1514 Grace Lake Circle, addressed the Board and said he thinks they all agree that they all share a love for the animals.  He stated he owns a greyhound and these animals are God’s second fastest creation; only the cheetah is faster than a greyhound.  These animals were created to run.  Every racing greyhound has a healthcare and a dental plan, a nutritionist that provides a highly controlled and regulated diet, a physical therapist, and a personal trainer.  Every racing greyhound receives a monthly pedicure and they are retired on average within 54 months of their birth.  He opined it is a lifestyle that most humans would be envious of.

Mr. Lax pointed out that the behavior of these animals before and after the race is that they are happy; their tails are wagging, they are excited, and they do what they do best.  They run, they compete, and they chase.  The State presently looks after the welfare of these wonderful animals, so why add another layer of bureaucracy to a protocol that continues to protect the best interest of these wonderful pets.

Chairman Horan submitted Written Comment Forms from Lydia Ramsay, Moshe Ramsay, and Sandra Dash into the record.

With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.

Speaker Request Forms were received and filed.

Commissioner Constantine noted in the proposed Ordinance, it does not say anything about the cost of the license.  He confirmed with Mr. Applegate the only place a license fee is specified is in the County’s Ordinance regarding the licensing of animals.  He asked because they cannot change the proposed Ordinance for a year, whether they could choose to have a second category of licensing costs based upon how much they think this program might cost them.  Mr. Applegate affirmed they could.  Commissioner Carey questioned if it was a racing greyhound, whether they could have no fee associated with that and just have a registration, and Mr. Applegate replied yes, they could.  Commissioner Constantine opined he does not feel that injury reporting is an undue burden, but if they feel that the licensure might be a burden, they can adjust that.  He believes the dogs, even though treated as commodities, still deserve protection.  He said he will use Jeff Kottkamp’s words in a story he wrote today for The Sentinel, “In a statewide poll conducted in 2015, an overwhelming 77% of those surveyed said tracks should make safety improvements that would reduce injuries and the deaths of racing greyhounds.”  He remarked they have an opportunity to send a message.  He relayed a story about the Mutt Derby from when he was young, and then said this is not against dog racing.  The racing industry has been in Florida for more than 80 years, and if they want to keep this industry, he thinks it is important they ensure those dogs are protected and that there is transparency. 

Commissioner Constantine quoted Gandhi, “The greatness of a nation and its world progress can be judged by the way its animals are treated.”

Commissioner Carey stated she does not believe that the owners, trainers and others are mistreating the animals, so she does not believe this is about the mistreatment of animals.  She agrees that greyhounds are bred to run just like thoroughbreds are bred to run.  She thinks they have an opportunity to adopt this Ordinance as it is presented today without going through the voter process, or the other option is to put it on the ballot.  She agrees with Commissioner Constantine that she thinks it would overwhelmingly pass because you are limited to 75 words about how you can describe it.  She opined no one will understand it; they will think it is just about the dogs.  She thinks the definition for injuries and disposition is pretty clear in the petition that has been citizen-driven.  She commended all the citizens who stood out in the rain and the sun and got the signatures because getting 14,000 signatures to put something on the ballot is quite an accomplishment and they should be proud to know they have all worked hard for this.  She thinks they do have an opportunity to set an example once again here in Seminole County.  She knows that since Penn National has come into the community, they have been community partners on things that have nothing to do with greyhounds like Boy Scouts and other things like that.  Also, the information presented by the person from Massachusetts as well as all the information she received in advance and the research she did indicates that incidents at the track have been greatly reduced.

Commissioner Dallari stated he has a couple of friends that have greyhounds and found them to be very loving and tender animals.  He sees no issue about having injury reporting and believes the issue is the fee structure for licensing.  He agrees that this can be done separately as has been stated.  He does not want to put an unfair financial burden on the trainers or the owners of the dogs.  He does believe in protecting the animals and he commended anyone who stood out there on any day to get signatures because it is not an easy task.  He believes in transparency and gives the citizens a lot of credit for bringing this issue to the forefront. 

Chairman Horan reiterated the sentiments of the members of the Board.  He added that what was most telling to him is the fact that the injury reports are already being kept by the racetracks, and the primary goal is to make those injury reports public record.  He explained that the legal advice he has received is that they are pre-empted, so if they had a decision from the Court that said the County is not pre-empted and could regulate in this particular area, his inclination would be to adopt the Ordinance.  The Chairman stated because of that legal advice and because this is subject to pending litigation, he prefers to continue this matter to a date and time certain, which would be August 23. 

Commissioner Carey reiterated her reasoning in support of the Ordinance.

     Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt Ordinance #2016-26 amending Chapter 20, Animals and Fowl, of the Seminole County Code, establishing licensing and reporting requirements for greyhound racing kennels and racing dogs, dismiss the lawsuit, and authorize staff to codify this into the County Ordinance, and develop associated administrative fee structures for consideration by the Board prior to the Ordinance taking effect on March 1, 2017; GREY2K USA Worldwide, Inc. and the Committee to Protect Greyhounds, et al, Petitioners.

     Districts 1, 3, 4 and 5 voted AYE.

     Chairman Horan voted NAY.

     Upon inquiry by Chairman Horan, Mr. Applegate advised they will have a Voluntary Dismissal filed probably today or no later than tomorrow morning.

     Commissioner Carey suggested they ask their lobbyist and their folks in Tallahassee to work with the Legislature to try to get rules that would make it transparent across the state.  She said she knows most of their legislators are compassionate about animals, and if the tracks are already doing this recordkeeping, this should be pretty easy.  And if everything they have heard here today is accurate, it would show that there is no abuse going on at the track.  Once these dogs race and have had their life of racing, they are then adopted into loving homes, as stated here earlier by Ms. Rizzo, who has adopted out thousands of dogs during her time just at this track.  She added she thinks if they are going to take this action to show the leadership once again in this county that they should show leadership at the state level by trying to assist in getting this to be a statewide regulation.  Commissioner Dallari and Chairman Horan indicated agreement.  The Board voiced no objections.

Commissioner Constantine opined there will be a great deal of discussion about what they did here today when Tallahassee is doing this rulemaking, and hopefully it will make an effect.  Commissioner Carey noted there was a lot of great public testimony here from both sides today that may not occur in Tallahassee, and she thinks it is probably more one-sided than the other up there historically on this particular issue.  Hopefully, their legislators will take the opportunity to watch the discussion that occurred this afternoon and take it to heart. 

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Chairman Horan recessed the meeting at 4:20 p.m.; reconvening at 4:25 p.m.

ITEMS FOR FUTURE AGENDA

     Diana Rossano, 205 Manor Avenue, addressed the Board in regard to fluoride being added to the water.  She stated that fluorine is naturally found in water in miniscule amounts, but today in Seminole County, fluoroacetic acid is added to their water, which is a waste product from the industrial world.  They are putting it in the water rather than recycling it, so their bodies are the recyclers.  In July 2008, Seminole County announced it would stop adding fluoride into the water, and it never happened; they still have the “unnatural choice” of fluoride in the water.  She said she would like to propose that Seminole County save money by rejecting fluoroacetic acid and helping not only the cost and reducing that in the water, but it will also help the employee who has to administer the fluoroacetic acid, because if that person touches it, they can be deathly sick or die.  She would like this added to the agenda to be discussed or find out the protocol in order to get this on a ballot.

     Chairman Horan noted the Environmental Services Director is Carol Hunter, and he asked that she direct this to the County Manager who can advise her.  Ms. Guillet asked her to give the Deputy County Manager her contact information.

DISTRICT COMMISSIONERS REPORTS

District 5

     Commissioner Carey reported that at the Orlando Sanford International Airport, domestic travel is up 12% this year over last year, international travel is up 26%, which is really great news because it had languished for a while, and year-to-date passengers are 169,000 over last year, and they are almost at the 1.7 million mark for total passengers year to date.  Allegiant also announced non-stop flights to Trenton, New Jersey beginning November 3, and to San Juan, Puerto Rico beginning December 14, bringing the total number of non-stop destinations offered by Allegiant from Orlando Sanford International to 71. 

     Commissioner Carey stated several of the Commissioners were there for the groundbreaking event they had on August 4.  Allegiant is building its east coast training facility and will employ over 30 full-time employees.  They are building a 43,000-square-foot facility at a cost of over $20 million.  She advised it has simulators and many other things for training pilots.  In addition, they are forecasted to train 150 pilots a year, 500 flight attendants, and 100 mechanics.  She pointed out that Allegiant is making a huge economic impact in this county, and she knows many people enjoy the convenience of flying in and out of the Orlando Sanford International Airport compared to Orlando’s airport.

District 1

     Commissioner Dallari stated Ms. Elizabeth “Libby” Harper worked 25 years as a volunteer from 1981 to 2006 for the Friends of the Library.  She retired when she was 85 years old and is now turning 95 years old.  He asked for approval of the Resolution of appreciation.

     Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute appropriate Resolution #2016-R-126 in appreciation of Elizabeth “Libby” Harper for her 25 years of service to the Friends of the Library.

     Districts 1, 2, 3, 4 and 5 voted AYE.

District 3

     Commissioner Constantine stated on August 15, the Wekiva River Basin Commission will be meeting.  They will be discussing the request for an air quality study by the Department of Environmental Protection and the Department of Health for the rest areas on I-4 in Seminole County.

District 4

     Commissioner Henley advised that the Lynx board authorized the new CEO to negotiate the purchase of 6.45 acres adjacent to the new petro fueling area.  When they were negotiating the contract with Nopetro to furnish the natural gas for that property to give them first right of refusal, the board voted to go ahead and buy it because they don’t have enough room for all the new buses that were bought.  He added they should be closing on that in the next two to three weeks. 

CHAIRMAN’S REPORT

     Chairman Horan reported they hosted the Florida Community Development Association here on July 27.

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On August 5, the Chairman said he attended the Central Florida Commission on Homelessness (CFCH) Executive Committee meeting.  The governmental representatives include Osceola, Orange and Seminole counties and the cities of Orlando, Kissimmee, and Sanford.  He advised they will receive the report on governance on August 17.  Then the full board of CFCH will meet on August 24 to act on the governance recommendations that were presented, as directed by the governmental representatives from the August 17th meeting.

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     Chairman Horan announced they received the School Board’s first Governmental Leadership Award, and he said it was a great conference.

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     Chairman Horan stated they received a letter from Ray Valdes, Seminole County Tax Collector, indicating they will be getting a check for $5.2 million.

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     Chairman Horan noted he also received a letter from an organization called the Society of Saint Pius X about an event occurring tomorrow night.  The murder of the French priest by terrorists in Paris had been reported in the news.  He advised the St. Thomas More Catholic Church is going to have a requiem mass in memorial for Father Jacques Hamel, who was slain in his church.  It will be held on August 10 at 6:00 p.m. at St. Thomas More Church in Sanford.

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     Chairman Horan said they received a letter from Mayor Dyer thanking them for the assistance of all of the Seminole County Emergency Management Fire and Law Enforcement in the wake of the Pulse tragedy. 

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     Chairman Horan advised that in light of the tragic events and gun violence that occurs, a law was passed and it goes into effect on October 1st.  The Public Servant Protection Act basically criminalizes threats of death or seriously bodily harm made against law enforcement officers, state attorneys, firefighters, judges, elected officials, and the families of these particular public servants.

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     Commissioner Carey stated they have a Seminole County Task Force meeting of the homelessness group coming up on Friday and immediately following that, a meeting with Congressman Mica to talk about funding on the Zika issue.

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed:

1.                  Letter dated July 19, 2016, from Congressman John Mica to Commissioner Horan re: update to address federal failures that occurred prior to the Orlando terrorist tragedy.

 

2.                  Letter dated July 22, 2016, from City of Orlando Mayor, Buddy Dyer, to Commissioner Horan thanking him for his letter of support for the Pulse tragedy.

 

3.                  Letter dated July 26, 2016, from Traci Houchin, CMC, Deputy City Clerk, City of Sanford, Notice of Public Hearings re: reading and adoption of Ordinance No. 4386, annexation of 9.87 acres between Rand Yard Road and Narcissus Ave. and between Rand Yard Road and N. White Cedar Road.

 

4.                  Letter dated July 26, 2016, from Brian Garrity, Chair, Achievement of Excellence in Procurement Award Committee, to Chairman Horan re: advising that SC Purchasing Division earned the 2016 Annual Achievement of Excellence in Procurement Award.

 

5.                  Letter dated July 26, 2016, from Chairman Horan, to Carolyn Flowers, Acting Administrator, Federal Transit Administration re: FY 2016 Public Transportation Innovation Funding Opportunity: MOD Sandbox Program.

 

6.                  Notice of Public Hearing received July 28, 2016, from the City of Lake Mary re: Planning & Zoning Board meeting on Tuesday, August 9, 2016, at 6:00 p.m.

 

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:57 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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