BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JUNE 28, 2016

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, June 28, 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 Lee Constantine (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Jane Spencer

 

     Absent:

Commissioner Robert Dallari (District 1)

 

 

    

     Pastor Phil Ayers, LifePoint Christian Church, Longwood, gave the Invocation.

     Commissioner Henley led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Mad Science was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – A-2301-16

     A video (copy of CD received and filed) about the Ritz Theatre and the Wayne Densch Performing Arts Center was presented.

     Steve Nelson, Wayne Densch Performing Arts Center Board Member, addressed the Board to announce that in attendance today are many of the board members, their one paid staff person, and a representation from their “Pinocchio” show.  Mr. Nelson stated that if he looked at the theater's mission statement, it says they are to preserve and operate a historic theater, to facilitate quality affordable entertainment, foster regional talent, deepen an appreciation for performing arts and be an economic driver for Seminole County.  He stated most of the things contained in the mission statement are soft, useful things to have and emphasized that they love the arts. 

     With regard to being an economic driver, Mr. Nelson stated that from 2012 through 2015 the number of attendees, volunteers, patrons, and people that come to be in the shows is about 64,000 people.  They draw those people not just into the county but into Sanford; and according to a national survey of the art and economic prosperity study, that economic impact can be calculated.  The 64,000 people that they have drawn into the community have an economic impact of $1.3 million to the area. 

     Mr. Nelson stated they could not do this without their volunteers; and he highlighted two volunteers, Matt and Kathy Weber.  He noted they could not keep the doors open by selling tickets and pointed out it is through the support of many people, especially the Board of County Commissioners, that they are able to offer an agenda and an area for youngsters to come and participate.  Mr. Nelson stated some of the cast of “Disney's Son of Pinocchio Junior” are here and have a present they would like to give to each of the Commissioners. 

     Commissioner Carey stated she is proud to see the Ritz being restored because as a young child growing up in Sanford, she used to go to the Ritz every Saturday.  It is always great to see the restoration happening and the Board is happy to be a part of it to impact the lives of the children in Seminole County.  Chairman Horan thanked Mr. Nelson and the board members for all that they do.  He stated the Community Theater, Wayne Densch and the Ritz Theatre are real jewels for the community.  He pointed out through United Arts, the County supports not only Wayne Densch Theater but also Seminole County Cultural Arts Association. 

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Agenda Item #1A – 2016-370

     Norton N. Bonaparte, Sanford City Manager, addressed the Board to state he is here on behalf of the International City and County Management Association (ICMA) and is representing the Florida City and County Management Association.  Mr. Bonaparte stated that 2016 marks the 25th Anniversary of ICMA’s recognition of Seminole County’s operation of the county manager/commission manager form of government.  He then presented a Certificate of Recognition for Seminole County and a letter of congratulations addressed to Ms. Guillet (copies received and filed).

     A video entitled “Congratulations on Your Milestone Achievement” was presented.

     Mr. Bonaparte thanked the Board for allowing him to show the video and particularly to recognize the Board of County Commissioners for 25 years as a commissioner/manager form of government.  Chairman Horan thanked Mr. Bonaparte for the Certification and stated that the great thing about his job is dealing with professionals like Mr. Bonaparte and Ms. Guillet.  Chairman Horan stated it is important for the public to understand that they need professional management in order to do the kinds of logistical things they do to improve the quality of life for people. 

     Commissioner Constantine remarked to Mr. Bonaparte that it has been a pleasure working with him and his staff at the City of Sanford.  Upon inquiry by Commissioner Constantine, Mr. Bonaparte gave a brief update regarding Mayor Triplett.

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Agenda Item #2 – A-2294-16

     Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt a Proclamation declaring July 24 through July 30 as Water for People Week.

     Districts 2, 3, 4 and 5 voted AYE.

     The Proclamation was presented to Carol Hunter, Environmental Services Director, and Wendy Nero, the co-chair for the Central Florida Water for People Committee.  Ms. Nero addressed the Board to express her appreciation.  She stated this Proclamation gives them a greater community acknowledgement of the needs that are so desperately apparent sometimes in the United States but often times outside of the United States in developing countries.  Ms. Nero stated they look forward to working again on the eighth year of their community activities, raising more than several hundred thousand dollars that are made directly available to provide fresh, sustainable clean water; sanitation and hygiene services to prevent deaths; and to ensure that those countries and those individuals have opportunities for a long and healthy life, for economic prosperity, and to see their children grow up.  She reiterated her thanks to the Board for their continuing support.

     Chairman Horan stated he believes this is the second or third time they have had a proclamation like this and they will do it on an annual basis.  He believes that anyone that understands exactly what local government does understands that this kind of function is absolutely essential.  He pointed out that it is not necessary to go to third world countries and see the problems they have with sanitation and clean water; all you need to do is mention Flint, Michigan, and you can see what happens when caring and competence does not exist at the local and state level.  He thanked Ms. Nero for the work that she does and thanked the County’s Environmental Services people for the highly competent work that they do.

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Agenda Item #2A – 2016-366

Commissioner Constantine stated how proud the Board is of the coaches and their Lyman High School Boys’ Field and Track Team.  He stated that winning two championships in two years is amazing. 

Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt appropriate Resolution #2016-R-100 congratulating Head Coach Fred Finke, Assistant Coach Chad Bell, and the Lyman High School Boys' Track and Field Team for their outstanding season and accomplishments.

Districts 2, 3, 4 and 5 voted AYE.

The Resolution was presented to Coach Finke, Coach Bell, and Bryce Bell.  Commissioner Constantine noted that Jordon Armstrong is currently in-processing at the Air Force Academy and could not attend; Sean Clark is on a family trip to Ireland before going to the University of Pennsylvania; Joshua Jacques is on a family trip to Tennessee before he reports to Iowa Central College; and Tyreek Thyme is on a family trip.

Coach Fink stated that he has been the head cross-country and track coach at Lyman for 32 years.  He pointed out that with track and cross-country, people don’t necessarily train at the track.  They use the County’s parks and roads and everything that is out there.  Coach Fink stated that when Commissioner Henley hired him he told him there were two things he needed to know:  1) your job is to do a good job and 2) you are to build character in kids, not just athletes.  He stated he took that to heart and expressed his appreciation to the Commissioners and especially Commissioner Henley.  He also thanked Commissioner Constantine. 

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Chairman Horan announced that Commissioner Dallari is not present today because he is representing the County at the National Association of Regional Councils in Washington, D.C.

COUNTY MANAGER’S CONSENT AGENDA

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

     Nicole Guillet, County Manager, stated that there is an additional item to the Consent Agenda, #4A, which is an amendment to the agreement with the Half Century Amateur Softball Association.  She pointed out there is a date change on one of the tournament weekends.

     Commissioner Constantine requested that Item #11, approval of the plat for the Lake Sylvan Oaks subdivision, be pulled for a separate vote.

     Commissioner Carey confirmed with Ms. Guillet that Item #45 on the Public Hearing agenda, Brewer Avenue Right-of-Way vacate, will be continued.

 

 

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

     County Manager’s Office

     Business Office

 3.  Approve the Interlocal Agreement between Seminole County and the City of Altamonte Springs relating to administration of the County's Share of funds under the One‑Cent Local Government Infrastructure Surtax for Transportation Improvement Projects located within the City.  (A-2351-16)

Economic Development Division

 4.  Approve appropriate Resolution #2016-R-101 approving the issuance of tax‑exempt Revenue Bonds for Earnest Products, Inc. regarding Seminole County Industrial Development Authority (SCIDA).  (A-2249-16)

4A.  Approve and authorize the Chairman to execute an Amendment with Florida Half Century Amateur Softball Association, Inc. for the 2016 Florida Half Century Senior Softball Tourist Tax Funding Agreement.  The Amendment acknowledges a tournament date change for the July 2016 Florida Half Century tournament to July 23-24, 2016 rather than July 16-17, 2016.  (A-2375-16)

 

Community Services

Community Assistance Division

 5.  Approve and authorize the Chairman to execute the Seminole County/Early Learning Coalition of Seminole Community Service Block Grant Child Care Services Program Subrecipient Agreement for Program Year 2015‑2016 for $79,300 which will provide summer daycare assistance to income‑eligible households of Seminole County.  (A-2268-16)

Community Development Division

 6.  Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government.  (A-2346-16)

 7.  Approve and authorize the Chairman to execute the Second Amendment to the Seminole Work Opportunity Program Agreement with The Kathleen Anderson Comprehensive Work Center d/b/a Seminole Work Opportunity Program (SWOP) which delays the payment of the first installment of the loan until June 1, 2017.  (A-2344-16)

 

Development Services

Building Division

 8.  Issue a determination (Notice of Determination of Public Nuisance) that the unoccupied buildings located at 1250 Dunbar Avenue, Sanford, are a Public Nuisance; and authorize the Building Official to: (a) serve Notice of this determination, pursuant to Sections 168.5 and 168.6, Seminole County Code; and (b) set a date for a "Show‑Cause" public hearing, as prescribed in Sections 168.5‑168.7, Seminole County Code, based on the Building Official’s certified findings.  (A-2227-16)

 

  

Development Review Engineering Division

 9.  Approve the Amendment to the Canal Maintenance and Easement Agreement for the Oviedo WaWa, located on the corner of Mitchell Hammock Road and SR 426; Oviedo Point Investors, LLC, Applicant.  (A-2190-16)

 

Planning & Development Division

10.  Authorize the release of Performance Bond #0187245 in the amount of $954,543.42 for the Turnberry Subdivision; Standard Pacific of Florida, Applicant.  (A-2284-16)

11.  Commissioner Constantine pulled this item for a separate discussion.

12.  Approve the plat for the Hardy Plat subdivision containing 4 lots on 31.827 acres zoned A‑5 (Agriculture), located east of 1st Avenue, south of Lake Mills Road; James Hardy, Applicant.  (A-2254-16)

13.  Approve the plat for the Chapman Reserve Phase 2 Minor Plat subdivision containing 4 lots on 5.35 acres zoned A‑1 (Agriculture), located on the north side of E. Chapman Road, east of Chapman Reserve Court; Stephen J. Ratcliff, Applicant.  (A-2211-16)

14.  Authorize release of the Cash Maintenance Bond in the amount of $36,769.18 for Northview Student Housing; AHG Real Estate, LLC, Applicant.  (A-2203-16)

15.  Adopt appropriate Resolution #2016-R-102 vacating and abandoning an Ingress/Egress and Utility Easement to the benefit of Seminole County, as recorded in the Public Record of Seminole County, Book 4437, Pages 54 through 60, more particularly known as 1511 E. SR 434 Winter Springs; Valerie Litschgi, Applicant; Vistawilla.  (A-2104-16)

 

Environmental Services

Solid Waste Management Division

16.  Approve and execute the Interlocal Agreement between Seminole County and the City of Winter Park for solid waste management services.  (A-2175-16)

 

Leisure Services

Library Services Division

17.  Approve and authorize the Chairman to execute the Grant Agreement Amendment #1 between the State of Florida, Department of State and Seminole County Board of County Commissioners for and on behalf of Seminole County Public Library System in anticipated acceptance of an additional $299 dollars in State Aid to Library funds for library related operating expenses.  (A-2308-16)

 

Public Works

Engineering Division

18.  Approve and authorize the Chairman to execute the Mitigation Reservation and Purchase Agreement (MRPA) in the amount of $63,000, for the mitigation units required to modify the St. Johns River Water Management District (SJRWMD) permit and bring the Cross Seminole Trail South Phase III section into compliance.  (A-2318-16)

19.  Adopt appropriate Resolution #2016-R-103 and authorize the Chairman to execute an Interlocal Agreement between the Central Florida Regional Transportation Authority (LYNX) and Seminole County to conduct a Transit Corridor Study of State Road 436 between State Road 434 and the Orlando International Airport South Terminal in the amount of $455,000.  (A-2174-16)

Watershed Management Division

20.  Approve and authorize the Chairman to execute the First Amendment to the Agreement between the St. Johns River Water Management District (SJRWMD) and Seminole County for Lake Jesup Nutrient Reduction Facility, Soldiers Creek Regional Stormwater Facility at County Road 427.  (A-2253-16)

 

Resource Management

Budget and Fiscal Management Division

21.  Approve partnering with Aspire Health Partners to submit a grant application to the Florida Department of Children and Families requesting $1,200,000 over a three-year period through the Criminal Justice, Mental Health and Substance Abuse Reinvestment Implementation and Expansion Grant to designate the County Public Safety Coordinating Council as the planning council for the grant; and authorize the County Manager to execute the application and supporting documents as required.  (A-2347-16)

22.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-104 implementing the Budget Amendment Request (BAR) #16‑069 through the General Fund in the amount of $180,224 from reserves for Distributed Amplifiers Systems.  (A-2297-16)

23.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-105 implementing Budget Amendment Request (BAR) #16‑071 through the Solid Waste Fund in the amount of $210,211 to appropriate $199,876 in new disposal service revenue from the City of Winter Park and transfer $10,335 to the Landfill Management Escrow Fund for Landfill Closure costs.  (A-2307-16)

24.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-106 implementing Budget Amendment Request (BAR) #16‑072 through the Water and Sewer Capital Improvements Fund to reallocate budget in the amount of $995,000 from reserves for the U.S. 17‑92 Utilities Relocation Project.  (A-2295-16)

25.  Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with the Florida Division of Emergency Management in acceptance of $112,361 for the FY 2016/17 Emergency Management Performance Grant; and approve and authorize the Chairman to execute appropriate Resolution #2016-R-107 implementing Budget Amendment Request (BAR) #16‑073 through the Disaster Preparedness Fund in the amount of $112,361 to establish funding for the Emergency Management Program.  (A-2298-16)

26.  Approve and authorize the Chairman to execute a State-Funded Grant Agreement with the Florida Division of Emergency Management in acceptance of $115,806 for the FY 2016/17 Emergency Management Preparedness and Assistance Grant; and approve and authorize the Chairman to execute appropriate Resolution #2016-R-108 implementing Budget Amendment Request (BAR) #16‑074 through the Disaster Preparedness Fund in the amount of $115,806 to establish funding for the Emergency Management Program.  (A-2296-16)

27.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-109 implementing Budget Amendment Request (BAR) #16‑075 through the Boating Improvement Fund to appropriate $95,768 from reserves for the purchase and installation of solar-enhanced lighting at the C.S. Lee Park boat ramp.  (A-2302-16)

Purchasing & Contracts Division

28.  Request that the Board of County Commissioners continue to waive the competitive requirement of Section 3.5513 of the Seminole County Administrative Code; approve the First Amendment to Mr. Donald Kahrs’ Agreement (additional $46,000) dated January 4, 2016 for a total not-to-exceed agreement cost of $96,000; and authorize the County Manager to execute the First Amendment.  (A-2300-16)

29.  Approve Amendment #1 to SS‑601846‑11/BJC, CAD (Computer Aided Dispatch) Analyst and ADAM (Apparatus Deployment Analysis Module) Tool Applications Maintenance, Support, Updates and Upgrades with Deccan International, San Diego, CA; and authorize the Purchasing & Contracts Division to execute the Amendment.  Total cost for coverage until September 30, 2022 is $149,029.  (A-2305-16)

30.  Approve Amendment #1 to SS‑601180‑11/TLR, Deccan Box‑Area Automated Run Card Builder (BARB) Tool Application Components, Maintenance, Support, Updates and Upgrades, with Deccan International, San Diego, CA; and authorize the Purchasing & Contracts Division to execute the Amendment.  Total cost for coverage until September 30, 2022 is $67,279.  (A-2304-16)

31.  Approve an increase to the Board-Approved Estimated Term Usage and extend the Agreement Term under PS‑1666‑07/BLH (Final Design Services for State Road 426/County Road 419 Widening, Phases 1 and 2) by an additional $900,000 over the term of the MSA, extend the agreement term an additional 6 years; and authorize the Purchasing & Contracts Division to execute the First Amendment to PS-1666-07 with Inwood Consulting Engineers, Inc.  (A-2303-16)

32.  Approve Amendment #1 to IFB‑600695‑09/TLR, Termite Treatment and Protection with P.C.S. Pest Control, Inc., Leesburg; and authorize Purchasing & Contracts Division to execute the Amendment.  Total compensation for the additional three (3) years extension is $2,340.  (A-2266-16)

 

     Districts 2, 3, 4 and 5 voted AYE.

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Item #11 – A-2272-16

With regard to the approval of the plat for the Lake Sylvan Oaks subdivision, Commissioner Constantine explained that he had asked before with regard to any item that he had voted against previously that was brought forth to the Commission that he wanted to be notified.  He thanked Rebecca Hammock, Planning & Development Manager, for doing that.  He stated that Ms. Hammock did present that to him and also gave him a copy of the minutes that were done at the time concerning that issue.  Commissioner Constantine stated he does have a concern about that and he will discuss that with the County Manager after today’s meeting. 

     Commissioner Constantine stated he was opposed to that item because he felt that it was hopscotch zoning and was going to be two-and-a-half units an acre when the property around it was one unit per five acres.  He noted he did not prevail; however, afterwards he did talk to Mr. Schwartz, who bought the property and worked through the issues with the citizens.  Still, they would rather it not be two-and-a-half units an acre but they are comfortable with how Mr. Schwartz proceeded and addressed their more direct concerns.    Commissioner Constantine stated he will be voting for today’s item but wanted to point out that he not only appreciates that Mr. Schwartz worked with the citizens but that Ms. Hammock did provide the information to him prior.  He reiterated that the reason he voted against the previous item was for hopscotch zoning, and he was asking the County to start looking at the Planning & Zoning Board and what they did.  He pointed out that the P&Z Board unanimously voted against the increase in zoning.  He stated he is looking at not only the minutes but at the transcript and will talk to the County Manager about that.

    Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the plat for the Lake Sylvan Oaks subdivision containing 11 lots on 4.8 acres zoned PD (Planned Development), located on the south side of South Sylvan Lake Drive, west of Orange Boulevard; Joseph Schwartz, Applicant. 

     Under discussion, Commissioner Carey stated that this is the one right next to Ms. Metcalf’s house where the County built the wall for her, the girlfriend.  Commissioner Carey then stated she had no further comments.  Chairman Horan called for a vote. 

     Districts 2, 3, 4 and 5 voted AYE.

     Commissioner Constantine commented that everyone in the neighborhood was against it, not just Ms. Metcalf.  He noted that he did not know Ms. Metcalf then.

COUNTY ATTORNEY’S AGENDA

Item #33 – A-2269-16

     Bryant Applegate, County Attorney, stated this is a settlement agreement; and the County Manager has approved the proposed settlement agreement, the owner has signed off on it, and he believes it is a great settlement for the County.

     Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the Proposed Settlement Agreement for Code Enforcement Case No. 12‑82‑CEB at 102 Sweetwater Club Boulevard. 

     Districts 2, 3, 4 and 5 voted AYE.

 

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

     Clerk’s Office 

34.  Expenditure Approval Lists dated May 31 and June 6, 2016; Payroll Approval List dated June 2, 2016; and the BCC Official Minutes dated May 24, 2016.  (A-2327-16)

 

Districts 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.  Performance Bond #0187245 for Roads, Streets, and Drainage in the amount of $954,543.42 for the subdivision known as Turnberry (executed April 2, 2015).

 

2.  Conditional Utility Agreements for water and sewer service with Sun-Tec Builders, Inc. for the project known as Brighton Estates.

 

3.  Tourist Tax Funding Agreement for Florida State Final with Prospect Wire, Inc.

 

4.  Tourist Tax Funding Agreement for Scout Weekend- Analytics Showcase with Prospect Wire, Inc.

 

5.  Tourist Tax Funding Agreement for Florida Territorial Tournament with Florida Amateur Softball Association.

 

6.  Parks Contracts for Services for the following:  Briana Blackley, Gertrude Tierney, Juan Cabrera, Peter Velasquez, Kenneth King, and Jacob Borton.

 

7.  Tennis Instructor Agreements for the following:  Christopher Nacea, Bridget Abrams, Phillip Murray, and Chad Hendricks.

 

8.  Work Order #9 to RFP-0336-15 with Site Secure, LLC, a Miller Electric Company.

 

9.  Closeout to CC-0381-15 with Affordable Development.

 

10.  Work Order #3 to CC-0559-15 with Central Florida Environmental Corp.

 

11.  Notice to Proceed for CC-0664-16 with Florida Safety Contractors, Inc.

 

12.  Amendment #4 to Work Order #48 to PS-4388-09 with Pegasus Engineering, LLC.

 

13.  Amendment #6 to Work Order #32 to PS-5190-05 with CH2M Hill Engineers, Inc.

 

14.  Work Order #47 to PS-8047-12 with Ardaman & Associates, Inc.

 

15.  Amendment #3 to Work Order #3 to PS-5116-10 with CDM Smith, Inc.

 

16.  Amendment #1 to Work Order #45 to PS-8148-12 with Atkins North America, Inc.

 

17.  Work Order #51 to PS-8148-12 with CDM Smith, Inc.

 

18.  Work Order #55 to PS-8148-12 with CDM Smith, Inc.

 

19.  Amendment #1 to Work Order #16 to PS-7643-12 with Southeastern Surveying and Mapping Corp.

 

20.  Change Order #5 to CC-9226-14 with Halifax Paving.

 

21.  First Amendment to IFB-602317-15 with Awnclean USA, Inc.

 

22.  RFP-602556-16 with Commercial Media Systems, Inc.

 

23.  Bids as follows:

 

PS-0801-16 from Atkins North America, Inc.; Cribb Philbeck Weaver Group, Inc.; Environmental Consulting & Technology, Inc.; Geosyntec Consultants, Inc.; Kisinger Campo & Associates, Corp.; Tetra Tech, Inc.;

 

RFP-602556-16 from Commercial Media Systems; and

 

IFB-602508-16 from Shankle LLC, d/b/a I Lock.

 

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

Sheriff’s Office

35.  Approve expenditure of $5,000 from the Law Enforcement Trust Fund to provide for a contribution to the Boys and Girls Clubs of Central Florida. (A-2331-16)

36.  Approve expenditure of $1,200 from the Law Enforcement Trust Fund for a contribution to New Bridge of Hope in support of their educational programs for at‑risk youth.  (A-2333-16)

37.  Approve expenditure of $5,000 from Law Enforcement Trust Fund to provide funding to IMPOWER to support The Village, a transitional housing program for former foster youth.  (A-2334-16)

38.  Approve expenditure of $2,000 from the Law Enforcement Trust Fund to provide funding for Elizabeth House for victims of domestic violence.  (A-2335-16)

39.  Approve expenditure of up to $550,000 from the Law Enforcement Trust Fund to provide for the upgrade of standard issue weapons.  (A-2349-16)

40.  Approve expenditure of up to $260,000 from the Law Enforcement Trust Fund to provide for the purchase of an armored response and rescue vehicle.  (A-2350-16)

 

     Under discussion, Commissioner Constantine stated he would prefer that they had a little bit of comment regarding Items #39 and #40.  He requested that Ms. Spriggs provide more information since these are large purchases concerning upgraded weapons.

     Lisa Spriggs, Sheriff’s Office, addressed the Board to explain the upgrade of the weapons is basically so the Sheriff’s Office can upgrade their inventory and their standard-issue rifles.  She added that will include their entire issuance to all of their officers for rifles.  Upon inquiry by Commissioner Henley as to what the upgrade is, Ms. Spriggs stated that currently they have surplus rifles from military stock.  What they want to do is standardize their inventory because it helps in a response to ensure that all of the weapons are standard and the same.  It also standardizes the ammo that is used in the weapons and the accessories that go along with them.

     Ms. Spriggs explained that Item #40 is a purchase of a tactical vehicle that is an armored response vehicle.  Typically this is used in their Special Operations forces and SWAT teams.  She explained that they are upgrading to a more urban-friendly vehicle than what they currently have.  Commissioner Constantine asked if these are all military-grade weapons now.  He noted that Ms. Spriggs indicated that these are standardized.  He wondered if what they had was various weapons, not standardized but rather what they got here and there from discarded military weapons.  Ms. Spriggs indicated that Commissioner Constantine was correct.  She stated they do not standard issue them to all of their officers at this time.  They just had military rifles.  Chairman Horan confirmed with Ms. Spriggs that they were military surplus before.  Ms. Spriggs added that this would cover all of the officers.  At Commissioner Constantine’s request, Ms. Spriggs explained what urban-friendly vehicle means.

     At Commissioner Carey’s request, Ms. Spriggs explained how the Law Enforcement Trust Funds are funds from confiscated assets through criminal activity that are forfeited through the court system.  She stated they had the luxury of having a substantial amount of money and they have diligently worked to upgrade in the areas that they find most important.  Ms. Spriggs described some of these upgrades.

     Chairman Horan stated he believes it is very important for the public to understand that the Law Enforcement Trust Fund is primarily funded by confiscations.  Ms. Spriggs pointed out that the statute says that they put those funds back into use for the community to fight crime and that is what they are doing.  Commissioner Constantine stated that one of the reasons he wanted to have a separate discussion on this item was because Ms. Spriggs was present today and he knew she could provide the information.  He felt it was important that be put on the record to let everyone know exactly what the Board is doing.  Chairman Horan added that the Law Enforcement Trust Fund is used not only to enhance the law enforcement capabilities but the Sheriff’s Office has been very generous in supporting a number of different organizations such as the Boys and Girls Club, New Bridge of Hope, IMPOWER, and other very worthy organizations.  Regarding the community organizations, Ms. Spriggs stated the Sheriff’s Office has contributed over $1 million over the last three years through this funding.  She suggested that at the budget work session they could recap some of the items in more detail and let the Board understand a little bit more about what the Sheriff’s Office has purchased and how that impacts what they do.  

     Districts 2, 3, 4 and 5 voted AYE.

 

 

REGULAR AGENDA

Agenda Item #41 – A-2285-16

Pamela Lynch, Economic Development, addressed the Board to present a request to approve Computech City, LLC, as a Qualified Target Industry Business (QTI) and approve the County’s required Local Financial Support of $17,500 over Fiscal Years 2016/17 to 2021/22, as local participation in the QTI tax refund program.

     Ms. Lynch presented the request as outlined in the Agenda Memorandum.  She gave a brief description of the QTI program and pointed out that the incentives are paid out after the jobs are created and all of the monitoring activities are performed by the State.  Ms. Lynch pointed out that Computech provides IT infrastructure management services with a primary focus on healthcare information technology and is looking to move headquarter operations for expansion purposes to the city of Longwood.  Computech proposes to construct a new facility totaling approximately 10,000 square feet. 

     Ms. Lynch stated Computech intends to create 35 new jobs over the next three years which will pay a projected average annual wage of $55,000.  She added that the project is expected to result in a capital investment of $2.5 million.  Computech is eligible for a tax refund incentive of $5,000 per new job.  The required local financial support for this incentive would be 20% or $35,000.  The City of Longwood’s Commission approved their equal participation in the amount of $17,500 at their June 20 meeting.  Ms. Lynch stated that staff is requesting approval of this item and noted that Saurin Patel, the CEO for Computech City, and Tracy Turk, Director of the Orlando Economic Development Commission, are present.

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

     Saurin Patel, CEO for Computech City, addressed the Board to thank them for this opportunity.  Mr. Patel stated the company was founded in Seminole County and they would love to stay here and create more jobs.  In the past ten years, the business has grown 20%; and over the next three years, they would like to grow the business more than 40% every year.  Chairman Horan confirmed with Mr. Patel that his business provides IT infrastructure management services exclusively for health care.

     Motion by Commissioner Henley, seconded by Commissioner Carey, to approve (1) appropriate Resolution #2016-R-110 recommending that Computech City LLC be approved as a Qualified Target Industry Business (QTI); and (2) approve the County’s required Local Financial Support of $17,500 over Fiscal Years 2016/17 to 2021/22, as local participation in the QTI tax refund program.

Districts 2, 3, 4 and 5 voted AYE.

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     With regard to Item #33, Commissioner Constantine stated he wanted to thank the County Attorney for his efforts.  Mr. Applegate stated the County Manager’s Office was also very instrumental in reaching a settlement.  Chairman Horan stated there was some excellent lawyering going on with the lawyers for the various parties involved and wonderful cooperation and coordination through the County Attorney’s Office to get that settlement.  He offered kudos to everyone involved.

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     The Board recessed the meeting at 10:44 a.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Jane Spencer who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

     Districts 2, 3, 4 and 5 voted AYE. 

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     Chairman Horan announced that Commissioner Dallari was not in attendance because he is representing the BCC at the national meeting of the Association of Regional Councils.

PUBLIC HEARINGS

MID-YEAR BUDGET AMENDMENT RESOLUTION

Agenda Item #42 – PH-2016-344

Proof of publication calling for a public hearing to consider adoption of a Resolution implementing mid-year budget adjustments for FY 2015/16, received and filed.

Cecilia Monti, Budget & Fiscal Management, addressed the Board to present a request for adoption of a Resolution implementing mid-year countywide budget adjustments for FY 2015/16.  She explained the adjustments true up what they had projected and budgeted as beginning fund balance for the current fiscal year with the actual amounts available on October 1, 2015, according to the Comprehensive Annual Financial Report (CAFR).  A reconciliation of the action funds available to the amount recorded in the CAFR as net position is included in the Agenda Memorandum.  She reported the mid-year adjustment to beginning fund balance is $16.2 million, which also includes $24,000 in transfers between funds to clean up project equipment replacement funds by transferring excess balances from interest earnings and closed projects back to their original funding source.  Overall, Seminole County Reserves are increased $15.7 million; operating contingencies are being increased $300,000; and other adjustments total $170,246.

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

Motion by Commissioner Constantine, seconded by Commissioner Henley, to approve and authorize the Chairman to execute appropriate Resolution #2016-R-111 adopting and implementing mid-year budget adjustments for FY 2015/16, as authorized by Section 129.06, Florida Statutes, and Section 22.5 I(3), Seminole County Administrative Code, amending the budget as previously adopted by Resolution #2015-R-169 and providing an effective date, as described in the proof of publication.

Districts 2, 3, 4 and 5 voted AYE.

UNNAMED ALLEY VACATE/ Gonzalo Ivan Padilla

Agenda Item #43 – A-2206-16

Proof of publication calling for a public hearing to consider adoption of a Resolution vacating and abandoning an unnamed alley, as recorded in Plat Book 3, page 48, in the Public Records of Seminole County, for property located near the intersection of Tangerine Avenue and N. Ronald Reagan Boulevard, approximately 262 feet north of N. Ronald Reagan Boulevard, Sanford, Gonzalo Ivan Padilla, received and filed.

Angi Kealhofer, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum.  She advised this request is to vacate and abandon an open 15-foot unnamed alley as recorded in the Citrus Heights plat.  The area requested to be vacated is 900 square feet and is not being used for right-of-way.

Ms. Kealhofer stated that staff recommends adoption of the Resolution vacating and abandoning an unnamed alley lying between Lots 19 and 20 of Citrus Heights subdivision as recorded in Plat Book 3, Page 48, of the public records of Seminole County.

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

Motion by Commissioner Carey, seconded by Commissioner Henley, to approve appropriate Resolution #2016-R-112 vacating and abandoning an unnamed alley, as recorded in Plat Book 3, page 48, in the Public Records of Seminole County, for property located near the intersection of Tangerine Avenue and N. Ronald Reagan Boulevard, approximately 262 feet north of N. Ronald Reagan Boulevard, Sanford, as described in the proof of publication; Gonzalo Ivan Padilla, Applicant.

Districts 2, 3, 4 and 5 voted AYE.

6TH STREET RIGHT-OF-WAY VACATE/Steven D. Wagner

Agenda Item #44 – PH-2016-343

     Proof of publication calling for a public hearing to consider adoption of a Resolution vacating and abandoning an unused portion of the public right-of-way known as 6th Street, as recorded in Plat Book 3, Page 23, in the Public Records of Seminole County, for property located near the intersection of 6th Street and N. CR 426, approximately 600 feet south of N. CR 426, Oviedo, Steven D. Wagner, received and filed.

     Denny Gibbs, Planning & Development Division, addressed the Board to present the item as outlined in the Agenda Memorandum.  She stated the Applicant has petitioned the County to vacate a section of the 6th Street right-of-way, which is east of Lots 6 through 12.  She explained the section is an excess and unused portion of the 6th Street right-of-way, and co-applicants on a Vacate are Kevin Wagner and Barnie Montes, who are the owners of Lots 11 and 12.  She added the current right-of-way is approximately 95 feet wide, and 66 feet of right-of-way will remain if the Vacate is granted.  The width of the requested Vacate is 29.52 feet.  Further, she stated in 2008, the 6th Street right-of-way immediately to the south was vacated, and this Vacate will line up the 6th Street right-of-way along the westerly edge making it consistent north and south.

     Ms. Gibbs advised that staff recommends approval.  Also, she said that Mr. Wagner is in attendance to answer any questions the Board may have.

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 adopt appropriate Resolution #2016-R-113 vacating and abandoning an unused portion of the public right-of-way known as 6th Street, as recorded in Plat Book 3, Page 23, in the Public Records of Seminole County, for property located near the intersection of 6th Street and N. CR 426, approximately 600 feet south of N. CR 426, Oviedo, as described in the proof of publication; Steven D. Wagner, Applicant.

     Districts 2, 3, 4 and 5 voted AYE.

BREWER AVENUE RIGHT-OF-WAY VACATE/Arthur L. Jackson

Agenda Item #45 – PH-2016-342

     Proof of publication calling for a public hearing to consider adoption of a Resolution vacating and abandoning an uncut portion of the public right-of-way known as Brewer Avenue, as recorded in Plat Book 4, Page 98, in the Public Records of Seminole County, for property located near the intersection of Gilbert Street and Halsey Avenue approximately 90 feet east of Halsey Avenue, Sanford, Arthur L. Jackson, received and filed.

     Ms. Gibbs noted that staff is requesting a continuation to the July 26 BCC meeting in order to correct some issues with the legal description.

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

Motion by Commissioner Constantine, seconded by Commissioner Henley, to continue to July 26, 2016 at 1:30 p.m., or as soon thereafter as possible, a request to adopt a Resolution vacating and abandoning an uncut portion of the public right-of-way known as Brewer Avenue, as recorded in Plat Book 4, Page 98, in the Public Records of Seminole County, for property located near the intersection of Gilbert Street and Halsey Avenue approximately 90 feet east of Halsey Avenue, Sanford, as described in the proof of publication; Arthur L. Jackson, Applicant.

Districts 2, 3, 4 and 5 voted AYE.

INNOVATIVE REFRIGERATION TECHNOLOGIES REZONE/Mathews Associates

Agenda Item #46 – PH-2016-358

     Proof of publication calling for a public hearing to consider a Rezone from M-1A (Very Light Industrial) to M-1 (Industrial) on 1.47 acres, located on the east side of Hickman Circle, approximately one-fourth mile north of Hickman Drive, Mathews Associates, received and filed.

     Joy Giles, Planning & Development Division, addressed the Board to present the item as outlined in the Agenda Memorandum.  She advised the site is fully developed and is currently being utilized for the manufacture of mobile refrigeration units.  The Applicant is requesting a Rezone to M-1 in order to allow for on-site sales of those refrigeration units as an extension of the current operation.  The subject site is located within an existing, established industrial park and is surrounded by M-1 and M-1A zoning classifications. 

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

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 adopt Ordinance #2016-19 enacting a Rezone from M-1A (Very Light Industrial) to M-1 (Industrial) on 1.47 acres, located on the east side of Hickman Circle, approximately one-fourth mile north of Hickman Drive, as described in the proof of publication; Mathews Associates Inc., Applicant.

     Districts 2, 3, 4 and 5 voted AYE.

ADULT TOY STORAGE PH 2 SSFLU

MAP AMENDMENT AND REZONE/Bob Hattaway

Agenda Item #47 – PH-2016-352

     Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Low Density Residential to Industrial, and the associated Rezone from A-1 (Agriculture) to C-3 (General Commercial & Wholesale) on 3.34 acres, located on the south side of Oaklando Drive, approximately one-fourth mile east of SR 434, Bob Hattaway, received and filed.

     Ms. Giles displayed an aerial photo of the site and advised that the properties adjacent to the west and east of the subject property are owned by the Applicant and allow for C-3 and M-1A, Very Light Industrial permitted uses.  Staff finds the requested land use designation and zoning classification to be consistent with the Comprehensive Plan and compatible with the trend of development in the area. 

     Ms. Giles stated the Planning & Zoning Commission recommended approval, and staff recommends adoption of Small Scale Future Land Use (SSFLU) Map Amendment and Rezone Ordinances.  The Applicant was in attendance to answer any questions the Board may have.

James Peterson, 102 Foxridge Run, addressed the Board to question whether all the trees will need to be cleared.  Chairman Horan responded this item is just a Rezone and they are not at the point where they are talking about development site review as yet.  Mr. Peterson stated if they rezone, that would open up the opportunity for all those good trees to be destroyed.  Commissioner Carey explained that even if it was developed under the current zoning, there is a possibility that the trees would be removed.  Mr. Peterson opined that should be rethought because they need as much clean air as they can get and the trees have been here much longer than a storage area, and he feels that would be a shame.

Commissioner Constantine stated he shares Mr. Peterson’s sentiment that they would like to have as many trees as possible saved.  He addressed Mr. Hattaway, Applicant, stating he hopes he will be able to save as many trees as possible when he brings back the site plan.

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

Speaker Request Form received and filed.

     Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the adoption of Ordinance #2016-20 enacting a Small Scale Future Land Use Map Amendment from Low Density Residential to Industrial, and the adoption of associated Ordinance #2016-21 enacting a Rezone from A-1 (Agriculture) to C-3 (General Commercial & Wholesale) on 3.34 acres, located on the south side of Oaklando Drive, approximately one-fourth mile east of SR 434, as described in the proof of publication; Bob Hattaway, Applicant.

     Districts 2, 3, 4 and 5 voted AYE.

BACKYARD CHICKEN PILOT PROGRAM

Agenda Item #48 – PH-2016-351

     Proof of publication calling for a public hearing to consider adoption of an Ordinance amending the Seminole County Code, Chapter 20 Animals and Fowl, to create Part 4, Backyard Chicken Pilot Program, establishing a two-year pilot program to allow the keeping of up to four chickens on occupied, single-family properties within certain residential zoning districts, received and filed.

     Kara Siple, Court Reporter with Orange Legal, was present.  (Business card not received and filed.)

     Rebecca Hammock, Planning & Development Division, addressed the Board to present the item as outlined in the Agenda Memorandum.  She advised the proposed pilot program would allow a maximum of 50 permits on occupied single-family, residential property for up four chickens in certain zoning districts.  Chickens are defined by the Ordinance as hens; no roosters would be permitted.  The Ordinance permits chickens for personal use only; selling chickens, eggs, or chicken manure, or the breeding of chickens for commercial purposes, and the slaughtering of chickens on premises are prohibited by the Ordinance.  The proposed Ordinance outlines terms and conditions for the backyard chicken pilot program to include setbacks, coop size, sanitation and best management practices, including a requirement for participants to complete the chicken-keeping and raising class at a University of Florida Agricultural Extension Service.  The proposed Ordinance requires coops and enclosures to be kept in the backyard and to be a minimum of 10 feet from the rear inside property lines and 20 feet from any neighboring residential homes.  Coops may not exceed 150 square feet in size or 8 feet in height.  The Ordinance would also require coops be screened from view of adjacent properties with an opaque fence or landscaping. 

     Ms. Hammock noted the Ordinance establishes a sunset date for the pilot program of two years from the effective date of the Ordinance unless the program is ended earlier or extended by the Board of County Commissioners.  She further stated that 180 days before the sunset date, staff will report back to the Board on the status of the program to include successes and/or any compliance issues.  She pointed out a correction to the Ordinance on Line 106, Section 259.4(a), referenced under Section (f), that should read “Section 20.164(a)” instead.  This will be corrected on the copy for execution if the Ordinance is passed. 

     Ms. Hammock stated that staff received one email in opposition, which was included in the Agenda Memorandum.  Emails in support were previously distributed to the Board.

     Ms. Hammock advised staff recommends adoption of the Ordinance to create Part 4 of Chapter 20 for the Backyard Chicken Pilot Program.

     Commissioner Carey stated she has had two people from the public ask questions as follows:  (1) what is the cost for the training, and (2) what is the civil citation for a Class III violation.  Ms. Hammock replied that Orange County currently offers a class, which is $20, and she believes Lake County also offers a class.  Seminole County will begin offering the classes soon.  The Class III violation is a $200 fine.

     Commissioners Carey, Constantine, and Henley submitted their ex parte communications into the record at this time (received and filed).

     Madison Sherman, 283 Oak Park Place, addressed the Board to give the following reasons to raise chickens:  they can have fresh eggs, and chickens will eat bugs out of their yard.  She said a fun fact is that chickens are related to the T-Rex.

     Lisa Fields, 1940 Aster Drive, addressed the Board to speak in favor of the Ordinance.  She commented that the backyard chicken movement is growing in Florida, and cities such as Orlando, Maitland, Jacksonville, and Tallahassee, along with a number of counties, already allow backyard chickens.  She said she appreciates the responses to her emails and that Commissioner Carey took the time to call her and speak to her directly.  She listed practical benefits for owning chickens stating they provide homeowners with fresher and healthier eggs, they recycle kitchen waste and table scraps, they provide one of the best organic fertilizers available, and they remove bugs and weeds from the landscape.  In addition, they are social animals that make great pets and are full of personality.  She opined that owning chickens improves the quality of life for the owners, especially any children who help in caring for them. 

     Ms. Fields stated there may be concerns about the possible negative impacts of backyard chicken keeping, but she believes the Ordinance does an excellent job of addressing those concerns.  She added a well-maintained coop and properly stored feed have been proven to eliminate smell and pests.  Also, responsible chicken keepers will make sure they have a predator-safe coop, that the coop is cleaned regularly, and that their chickens are well cared for.  Also, if there are any issues, for example an unauthorized rooster, the Ordinance has provisions for handling that situation.  She continued stating that the Ordinance’s requirement that participants in the program take a training class is excellent. 

     Ms. Fields recommended increasing the number of permits because there are over 1,600 signatures on the backyard chicken initiative petition, and she personally knows more than 50 people who are committed to participate in the program and more than 50 that are already housing chickens who want to come into compliance under the program.  She mentioned in a county of over 400,000 people, it seems that the number is too low.  When Jacksonville created their pilot program, they had 300 permits as an opening to their program, and even though they are twice as large as Seminole County, when they made their program permanent, they eliminated that limit altogether because it was so successful. 

     Steve Edmonds, 1022 Vannessa Drive, addressed the Board to state he believes this is a property rights thing, and this should have ended at the P&Z.  He said they are talking about rural areas of Seminole County and there is absolutely no reason why a property owner should not be able to have chickens on their property, especially in areas that are zoned rural or unincorporated.  He added he understands this comes down to legal haranguing and he would not want to deter people from having chickens, even if it is limited to only four, even if it does cost $75, and even if it is a limited pilot program.  He opined it seems very counterintuitive to a country that is supposed to be free when you have to ask permission from your government to be able to harvest your own eggs.  It is absolutely ridiculous that they are spending all the county time, money and resources to address this situation.  He said there was no ordinance to begin with and Ms. Fields was told she was in the wrong because there hadn’t been an ordinance to begin with, so she was breaking a law that didn’t exist.  He opined they should scrap this whole endeavor and let Ms. Fields have as many chickens as she wants to have because that is the way it would have been if not for one crotchety neighbor causing a problem for the rest of the county.

     Commissioner Carey stated there is a lot of land in unincorporated Seminole County that is not rural, so this is more than just about the rural area.  She added there is a law on the books adopted by their forefathers about having chickens or any kind of poultry in unincorporated Seminole County.  County Manager Guillet added there are a number of zoning districts within unincorporated Seminole County where you cannot have chickens.  The agricultural districts do allow the keeping of chickens.  She said what this addresses is the keeping of livestock, and chickens are considered livestock, within urbanized areas, within neighborhoods where there are single-family homes on lots that are 70 to 80 feet wide, where people are living in much closer proximity to one another than they do in the rural area.  She explained there is a prohibition on the books of raising livestock within these residential areas; this is not a permitted use within a residential zoning district as it stands.  This Ordinance intends to apply a pilot program to address this issue, in limited circumstances as a trial program, to allow livestock within urban residential neighborhoods.  Commissioner Carey added citizens can already have livestock in agricultural areas, and this is the reason for the discussion.

     Chairman Horan questioned in terms of the Charter-designated rural areas whether there is any area within there where backyard chickens are not allowed.  Ms. Guillet said there may be a couple of remnant areas, some outliers, smaller pieces of property that might have, prior to the enactment of the Charter Amendment, a residential zoning district, but the vast majority of that property has some sort of agricultural or rural designation.  The Chairman stated so other than maybe 2% outliers in the eastern rural areas that are Charter designated, people can already have chickens.  Ms. Guillet added there are other parts of Seminole County where there is a lot of A-1 property where they can have chickens; it is not limited to the rural area. 

     Tom Carey, 2212 Red Ember Road, addressed the Board to state he has been raising chickens on his land which is zoned agriculture for 25 years so he has a pretty good, hands-on experience with the local aspects of raising chickens.  He has a business on his land called Sundew Gardens which is a community-based agricultural farm; they sell produce to their local community.  He said another big aspect of this is that families and students can visit the farm, and they promote it with classes and access to the local schools.  He noted that he worked with City Commissioner Patty Sheehan when the City of Orlando set up their chicken program, and Orlando had over 500 people in the city before they began the program keeping chickens “under the radar.”  He added the problem with that was, since it was unregulated, you could go into some of the neighborhoods in the city and hear roosters 24/7.  So, as was brought up earlier, he suggested possibly having more than 50 people in the program.  Another aspect he brought up is that for the City of Orlando, his Sundew Gardens has been one of the go-to places to take a chicken class.  He worked closely with an Extension Agent who is the Central Florida Small Livestock Agent to set up his class.  He mentioned if there is any way to add his business to the extension agents presenting these classes, it would give a much more local opportunity for people to be able to take the classes in Seminole County.  They have “boots-on-the-ground” classes; the classes produced through the extension office are in a classroom setting.  He stated you don’t get the smells, sounds, spacing requirements, etc. in that setting.  People have taken his class and decided afterwards that they actually were not interested in having backyard chickens.  They have figured out how to deal with the raccoons, possums, bobcats, birds of prey, and they have very few problems.  They keep their feed in garbage cans and compost their manure, and all the kitchen scraps go to the chickens. 

     Commissioner Carey stated she knows staff has been talking with Barbara Hughes about having a class at the local extension agency.  She said she really liked Mr. Carey’s idea of having the classes at a facility where there is chicken activity going on.  Ms. Guillet noted that Ms. Hughes does intend to offer the classes; however, she has a concern about opening the classes up to someplace other than the extension services.  While Sundew Gardens may be an adequate facility to provide that education, because they cannot limit it to one business in the county, others may want to offer classes that may not provide as stringent an educational process as they would like to have.  She suggested they might put language in that states “or an alternative establishment or facility that has been approved by Extension Services” and let them look at their curriculum for sufficiency. 

     Charlotte Wilde, 7394 Sylvan Drive, addressed the Board and stated the area is diverse and she owns about three-quarters of an acre.  To the north, there is a lot of acreage that goes all the way to SR 46 and it is zoned agriculture.  The property across the street, one section down, is also agriculture.  They have Painted Farms, an equestrian farm, down the road zoned agriculture, but properties within her subdivision with even smaller lots are zoned agriculture.  She asked how they can deny one property, and yet maybe three doors down, someone is allowed because of the zoning.  She stated she is in support of backyard chickens because there is a tremendous amount of growth, learning, and usage of their own resources, and being comfortable and confident with what they are putting into their own bodies. 

     Commissioner Carey stated she lives on three acres which are zoned R-C, Country Homes, which was the classification back then, but then in Alaqua, it is one unit per acre and zoned agricultural.  So if someone is in a residential area and it is zoned agricultural today, they can have chickens and are not in violation.  She explained this is more about chickens in urban areas that have zoning of R-1 or R-2 that allows two or four units per acre, and they don’t have the agricultural zoning.  Ms. Guillet added that the regulations that the county puts in place are really done in many instances to balance rights; people have mentioned their rights a couple of times today.  For example, they don’t allow people to let garbage pile up in their front yards because while they may think it is a perfectly fine use of their property, it could be offensive to their neighbors.  She said she believes this is an attempt on the Board’s part to open up the opportunity to folks who want to engage in this kind of activity within these neighborhoods that do not traditionally have that type of activity.

     Judith Benson, P.O. Box 180834, Casselberry, addressed the Board and advised she is Chair of the Seminole Soil and Water Conservation District.  She stated she appreciates the County’s time and effort to put together a comprehensive package for this pilot program.  She said the movement for sustainability is here, and there are many people within urban settings that are interested in raising backyard hens.  It is well documented that free-range eggs have a higher nutritional value, about seven times the Vitamin A and beta-keratin, double the Vitamin E, and over 8,000 times more Omega-3 values.  She also likes the educational value.  She believes this will be beneficial much past a backyard ordinance.

     James Peterson, 102 Foxridge Run, stated it is important to allow agriculture in Seminole County everywhere because they are estimating the grid will go down, not if but when.  Everyone only has three days of food on their shelves.  Walmart cannot handle it, and everybody will be crying for FEMA food bars, which will be mostly flavored sawdust.  He said before there were grocery stores, if you didn’t kill something, you didn’t eat.  People need chickens to prepare for what is coming.  He asked that they allow everyone to have chickens.

     Kelly Hughes, 2404 S. Park Avenue, addressed the Board to say they lived in Atlanta where they allowed urban chickens, and it was really great for the community.  They had tours where they would show cool chicken coops and get people involved.  She opined that everyone wants to know where their food is coming from and to be a part of that process.  She added that everyone she has talked with is in support of urban chickens.  Homeowners Associations will not allow chickens anyway, but in areas that are similar to downtown Sanford in Seminole County, there are communities that are progressive that want to attract young buyers and enhance living in their community.  She believes this is one step in that direction, and it would be wise to look at other cities that have implemented these programs.  She then reiterated many of the benefits that some of the other citizens spoke about and said she is strongly in support.

     Chairman Horan confirmed with the County Attorney that this Ordinance will only apply to the unincorporated area, so if you live in a city, this will still be controlled by whatever the land use regulations are within that particular city.  Commissioner Carey mentioned that a lot of their cities are watching to see what the county does on the Ordinance, and she believes that some of them will follow suit once this action has been taken.

     Judson Giddens, 3498 Rolling Way, addressed the Board in support of backyard chickens.  He stated he is from the Orlando area and is here in support of some of his members; he runs two of the largest Facebook groups in the southeast.  Florida Urban Homesteading has 11,000 members and Florida Urban Agriculture has 3,000 members.  They network all of their members, people that want to learn about poultry, livestock, and sustainable living.  They also provide 24/7 support; for example, if somebody has a sick bird or needs veterinary services or they are just not sure what is wrong with their bird.  They go to them and show pictures and ask questions.  He advised they have professionals from all over the state and actually all over the country.  They have veterinarians and state lab people, and they have networked the best, so basically people are not alone, and if they have an issue and need something, they are there to help. 

     Commissioner Constantine stated that many people sent him very good suggestions and he turned those over to the staff.  Staff incorporated these suggestions which included “no domestic hen shall be trained for the purpose of fighting, and no perceptive odor from the hens or hen enclosures shall be present at any property,” and he stated one was about waste, storage and removal.  He thanked those people for their suggestions and all those that spoke today.  He said he believes this is like “going back to the future.”  They are seeing something very positive, and he is really pleased to see everybody capturing the essence of this sustainability and working together.

     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 and Written Comment Forms were received and filed.

     Commissioner Carey stated a question was posed earlier for Barbara Hughes about how soon they would be able to offer classes.  She then thanked all the parents that brought their children to engage in the public speaking process and to be a part of public policymaking.  Barbara Hughes, Manager of UF/IFAS Seminole County Extension, addressed the Board to provide the requested information.  She advised they have all the materials they need, but have never offered the classes because it was not legal in many places throughout the county.  She said they could offer the classes in the next three weeks. 

     Commissioner Carey remarked that she agrees with the speakers in that they have a lot of homes in this county and there are a lot of people that already have chickens.  She suggested that rather than have to wait for somebody to get a permit to bring it back through a governmental process again, she would rather start with 100 or 150 permits.  She added if they find there is a problem, they have a way to terminate it, and if they extend it, they can see if that is enough.  She stated this way they are not bogged down in government bureaucracy for people to be able to get a permit.  Ms. Guillet stated the number is based, in part, on what they saw in other pilot programs but also on what they thought they could handle from a staff standpoint until they understand what is involved in administering the program.  She noted if they want to increase it, she would ask they not increase it to more than 100 permits, keeping in mind that this only affects unincorporated Seminole County, which are only half the homes in the county.  She added the other half are in cities and the citizens will have to deal with the cities.  Commissioner Carey stated she could agree to 100 if the County Manager puts on the county website something that tells people if they live in an area zoned agricultural that does not have an homeowners rule against it, they are not in violation, because she doesn’t want people to have to pay for a class and pay for a permit only to find out that they didn’t need one to begin with.  Also, then they will have used up a permit that was not required.  Ms. Guillet said they will ensure that those people are in the right zoning district, but they will be happy to do that.  She added if the Board adopts the Ordinance, they will put out some public information about the Ordinance in order for people to get a general idea of the requirements before they go down that road.

     Chairman Horan voiced his concern regarding how they will allocate the 100 permits and questioned whether they should allocate those 20 per district.  Commissioner Carey stated it will be on a first-come, first-served basis.  Chairman Horan stated that if they do that, they could get 80 in one neighborhood.  He said he made this suggestion so they get an idea of how this works in a variety of different neighborhoods and a variety of different areas of the county.  Commissioner Constantine stated he believes they are overthinking this.  In his district, they have a lot of cities and they will be doing their own ordinances.  He said when looking at the emails he received, it is dispersed throughout the county and he is not as concerned about this issue.  He opined they see what happens; the staff will be monitoring this very closely and if there is some reason they need to come back, they can reevaluate that. 

     Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the adoption of Ordinance #2016-22 amending the Seminole County Code, Chapter 20, Animals and Fowl, to create Part 4, Backyard Chicken Pilot Program, with an increase in the number of permits to 100 countywide, as described in the proof of publication.

     Under discussion, Ms. Guillet stated they had a discussion earlier about opening up the opportunity for different venues for training.  Commissioner Carey replied the point was made that they need to be certified.

     Commissioner Carey amended the motion to include that classes can be given by any certified instructor that has been qualified by Extension Services Office.  The seconder agreed to the amendment.

     Ms. Hughes stated she is not sure how they can qualify someone to have the expertise to do that.  She explained the instructor will be their sustainable agricultural agent and is not sure what the qualifications would be for them to approve someone.  Upon inquiry by Commissioner Carey, Ms. Hughes said she will check to see if there is any type of certification for this.  Chairman Horan asked if the County Attorney had any suggestion, and Mr. Applegate stated they should find out if there is a certification process and they can work out a solution for that.  In addition, he stated if all 100 applicants lived in a confined area, they could always come back and amend the Ordinance.  Commissioner Carey pointed out if they add the amendment to the motion in the Ordinance, then if there is a certification, they will not have to come back again and go through this process.  If there is not a certification process, then everyone will need to go through Extension Services.  There was discussion about the need for an applicant to demonstrate they had the training before applying for a permit.  Ms. Hughes advised they will get all the information to the Board about their training and all the other training in Central Florida. 

     Commissioner Carey suggested that another amendment to the Ordinance could be if someone has certification from a surrounding or adjacent county, that that would be acceptable.  Ms. Guillet advised the Ordinance is already written that way; they just have to demonstrate that they have been through an Extension Services program.

     Districts 2, 3, 4 and 5 voted AYE.

NON-PUBLIC HEARING ITEM

PERMIT FEES FOR THE BACKYARD CHICKEN PILOT PROGRAM

Item #48A – A-2363-16

     Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt appropriate Resolution #2016-R-115 amending the Seminole County Administrative Code to add a new permit fee to Section 20.10(L), Permit Fees for the Backyard Chicken Pilot Program, administered by the Development Services Department, Planning & Development Division.

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

     Districts 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS (Continued)

BOARD OF ADJUSTMENT APPEAL (Continued)

Special Exception for Communication Tower in

Sweetwater Oaks PD/Allison Yurko, Appellant

Agenda Item #49 – A-1869-16

     Continuation of a Public Hearing to consider an appeal of the Board of Adjustment decision to approve the request for a Special Exception for a Communication Tower in the Planned Development district for property located on the north side of Wekiva Springs Road, approximately 280 feet east of Miami Springs Road/North Hunt Club Boulevard, as described in the proof of publication; Allison Yurko, Appellant.

     Kathy Hammel, Planning & Development Division, addressed the Board to state this was continued from the April 12th BCC meeting.  The continuance was requested in order for all of the parties to be able to work on an agreement.  The parties consisted of the Appellant, Allison Yurko, who represents the Sweetwater Springs HOA; the Applicant for the communication tower, Florida Tower Partners; and the property owner, who is First Baptist Church of Sweetwater.  She advised they worked together and there was a camouflage tower determination that was made and a Stipulated Development Order was also executed by all of the parties. 

     Paul Chipok, Assistant County Attorney, addressed the Board to state the parties have reached final resolution.  Their desire is to have the matter concluded by the County acknowledging that the Camouflage Development Order provides the only location upon which a communication tower may be erected on the subject property.  The Order stipulates that the HOA’s appeal of the Special Exception shall be deemed withdrawn, the HOA’s appeal of the Camouflage Development Order shall be deemed withdrawn, the Applicant and the property owners’ written conditional request of June 6, 2016 that the Special Exception be declared null and void be acknowledged, the Camouflage Development Order shall be the sole development order for approval of a communication tower on the property, the Special Exception approval is null and void, and the Applicant may proceed immediately for the camouflage tower to site plan and building permit review.  Finally, a copy of the Stipulated Development Order shall be placed in the special exception file for the property.

     James Peterson, 102 Foxridge Run, questioned whether there will be any excess radiation and/or frequencies that will be put out by this tower bothering people who suffer from frequency sickness.  Mr. Chipok advised they are preempted by federal statute to address RF waves at all.  It is regulated by the federal government and they are specifically preempted by Section 704 of the Federal Code from delving into that matter.

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

     Speaker Request Form was not received and filed

     Commissioner Constantine commented in working with the various parties, it was a pleasure in being able to find a solution to this problem.  He thanked all the parties for all the hard work they did.

Motion by Commissioner Constantine, seconded by Commissioner Carey, to deny the appeal request of the Board of Adjustment decision, thereby approving the request for a Special Exception for a Communication Tower in the Planned Development district for property located on the north side of Wekiva Springs Road, approximately 280 feet east of Miami Springs Road/North Hunt Club Boulevard; Allison Yurko, Appellant; Stipulated Seminole County Development Order.

Districts 2, 3, 4 and 5 voted AYE.

DISTRICT COMMISSIONERS REPORTS

District 3

     Commissioner Constantine stated that at the last meeting, the Board agreed to have a Resolution with a series of requests go to DOT concerning the I-4 rest areas.  He advised he, along with the citizens, received a letter from Secretary Downs saying that FDOT is no longer going to consider moving these because of the objection of Volusia County.  He said he thinks this reiterates their need to get this Resolution as soon as possible and really try to push the DOT to get these rest areas closed, moved, or whatever the case may be.  Ms. Guillet advised they have this scheduled for the next Board meeting.

     Commissioner Carey commented that when Mike Snyder was the Secretary of the DOT, she knows they looked at doing a regional truck stop of some magnitude.  She stated they have redone most of the rest stops along I-4 and these are the only ones that have not been redone or expanded because of their location, obviously, which is the reason they are asking there to be some sort of consideration of moving them.  She noted there are rules and laws that these truck drivers have to stop at certain intervals, and they cannot drive more than so many hours.  Across the country you can see this situation where they are on the side of every exit ramp because they have to stop, and if they are pulled over by law enforcement and their travel log does not show they stopped, they are then in violation of other laws.  She said she hopes that DOT will not abandon this idea of looking at alternative sites.  She thought they had actually purchased property at SR 44 and I-4 for this facility, so she was surprised when they decided not to move them there.

     Chairman Horan stated he is astounded at the State’s lack of planning here.  Knowing what their federal responsibilities are and knowing what the regulations are, the State did not purchase the property they needed when they needed to purchase it.  They don’t have this available and the citizens have to suffer for it.  He added he thinks it is just inexcusable.  He would like to get this Resolution going and believes they should put as much pressure as they can on the DOT, because this really puts an undue burden on the citizens in Seminole County to maintain the state highway system so they can comply with their regulations.  He opined it is a totally inappropriate place to have a major rest stop, and considering the growth that has been in Central Florida, that the DOT did not plan for this he thinks is just abominable. 

     Commissioner Carey suggested that this item be brought up to the MetroPlan Alliance by the Chairman who is their representative because the Alliance deals with Volusia County’s MPO.  Chairman Horan advised they will meet on July 15th.  Commissioner Constantine noted that he is on the Alliance through the Regional Planning Council, and he will also be pushing for this.  He noted he has talked to Mr. Barley, Executive Director of MPO, regarding finding a way to push this forward.  He said many of the homes were already there in 1968 when it was built, and the area has outgrown the rest area.  It is not being used as a rest area; it has become mainly a truck stop.  Just because Volusia County says they don’t want it, there are other options with a private-public partnership (P3) that they can do that he believes they would accept.  He added he has talked to them and they indicated they would accept many private-public partnerships; they just don’t want an out-and-out rest area that is nothing more than a truck stop.  He said he thinks the DOT is short-sighted and they need to look at other alternatives.  Hopefully, with this Resolution they may start looking at it again. 

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     Commissioner Constantine questioned whether there is an update regarding the “buggy” museum.  Ms. Guillet advised they are still endeavoring to find a spot for that.  There is a potential area near the museum and they are working with the Historical Society to see if it is suitable. 

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     Commissioner Constantine said there is an Ordinance that states if you want to put 200 or more homes in an area, a transportation study must be done.  The problem is now that they are getting more and more small projects, i.e. with 10 to 14 lots, there is a cumulative effect when it comes to transportation studies, so he has asked the County Manager to take a look at that.  Ms. Guillet stated they have reached out to the development community and asked to be a partner in coming up with a solution to that.

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     Commissioner Constantine stated there is an issue in the Bear Lake area about rezoning from Industrial on the Seminole County border from Orange County to Multi-Family, and a lot of citizens in Bear Lake were very concerned about it.  This was going to be heard tonight at the Orange County Commission meeting but it has been withdrawn.  They understand that their Planning & Zoning, the citizens, and their staff in Orange County are against it so they are going to reevaluate their long-term plans.

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     Commissioner Constantine wished everyone a Happy Fourth of July and announced the celebration events planned in his district.

District 4

     Commissioner Henley stated the Board will recall that at the last meeting there was a brief discussion about patriotism and using SGTV for some patriotic programs and to document the experience of some of their veterans.  He thanked staff for getting on that because they already have it up and running, and he said they did a great job.  Commissioner Carey added it is a good, quality program.  Chairman Horan advised he plans on talking to the School Board about this as well.

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     The Board discussed the Lynx study (from the Airport to SR 434) and older studies that were done by the cities.  Chairman Horan stated he hopes it leads to federal money because they certainly need mobility in that area.

District 2

     Chairman Horan reported they are still trying to arrange a meeting between the DOT and Commissioner Dallari to discuss District 1 and District 2 issues that relate to the Florida Turnpike Authority and the tolling in that particular area.  However, he explained that DOT did not want to meet with both of them; they only wanted to meet with one commissioner, so Commissioner Dallari will be attending that meeting when it is set up.  Commissioner Carey stated that anytime they have an opportunity to talk to the DOT regarding SR 417, she would like them to be reminded of the desire of the Expressway Authority to acquire that asset.  They are continuing to work on acquiring the assets in the four-county area that are controlled by the Turnpike Authority because all the tolls that are paid there can be spent anywhere in the state rather than being kept locally.  She added there are a lot of good reasons why it makes sense for the Central Florida Expressway, now that it is a four-county agency, to control the four county toll roads.

District 5

     Commissioner Carey reminded everyone that tomorrow is the 2nd Annual Sanford Regional Ministry Center Veterans Appreciation Luncheon at the Sanford Civic Center.  She explained this started last year to commemorate the 50th Anniversary of the Vietnam War.  She thanked staff including Ed Burford and Valmarie Turner who work with the veterans in the community.

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     Commissioner Carey discussed the activities in connection with the Fourth of July in her district and wished everyone a happy holiday.  She also mentioned the celebration in Oviedo in Commissioner Dallari’s absence.

CHAIRMAN’S REPORT

     Chairman Horan displayed an award received from the Central Florida Commission on Homelessness called the Collective Impact Award, which they share with the City of Sanford.  He stated it was particularly gratifying to get this award for the great work that their business community and public citizens have done in working with the County to put together the action strategy on homelessness.

     Commissioner Constantine stated it is worth noting that there was an announcement from the Administration that they in Central Florida have basically eliminated chronic veteran homelessness, and it is extremely gratifying.

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     Chairman Horan advised he attended a meeting of the EDC (Economic Development Council) and that some of the members of CSX Transportation were also there to get a report on the joint alignment initiative.  He said it is going forward; they have identified a protocol whereby a Memorandum of Understanding (MOU) will be executed by both boards at the end of July and that will then go towards a working integration agreement that will be executed in September.  Assuming that those two steps go forward, then full integration of the two boards and alignment of those two regional bodies will occur effective January 1, 2017.  He stated that when he first heard about this, he was not giving it great odds, but it looks like through the hard work and cooperation of the business community, which has been pushing very hard for this alignment, that it is going to happen.  There are a number of different challenges in this especially operationally; for example, the two organizations are on different fiscal years.

COMMUNICATIONS AND/OR REPORTS

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

1.      Letter dated June 9, 2016, from D. Ray Eubanks, Administrator, Plan Review & Processing, Florida Department of Economic Opportunity, to Chairman Horan re: Adopted Seminole County Plan Amendment No. 16-1ESR.

 

2.      Notice of Public Hearing dated June 17, 2016, from the City of Lake Mary re: Planning & Zoning Board Meeting on Tuesday, June 28, 2016, at 6:00 p.m. for Conditional Use for Planet Obstacle located at 1150 Emma Oaks Trail.

 

3.      Courtesy Notice dated June 16, 2016, from the City of Sanford to Seminole County BCC re: Code violations on two lots on 6th Street.

 

4.      Copy of a letter dated June 17, 2016, from Chairman Horan to Jim Diggs, President, Lake Monroe Amateur Radio Society (LMARS) re: Annual Amateur Radio Field Day, June 25-26, 2016, in Winter Springs.

 

5.      Letter dated June 22, 2016, from Michael Ertel, Seminole County Supervisor of Elections, to Chairman Horan re: Grey2K petition verification for the Greyhound Protection Act.

 

COUNTY ATTORNEY’S REPORT

     Bryant Applegate, County Attorney, stated that as the Board knows, they are getting ready to file the necessary legal action in the greyhound petition case.  He advised he has been in constant contact with the counsel for the groups and he would like to request a motion allowing his office to file the necessary legal action raising all legal arguments including preemption, violation of the County’s Charter, and vagueness in the greyhound case, and naming any and all possible defendants if need be.  He said they hope to have that filed by the end of the week.

     Motion by Chairman Horan, seconded by Commissioner Carey, to file the necessary legal action for a declaratory judgment to declare that the Grey2K’s proposed Greyhound Protection Ordinance is preempted by Chapter 550 - Florida Statutes; that it violates Section 2.2H[4] of the Seminole County Charter; and it is unconstitutionally vague; and to give the authority to the County Attorney to raise all other legal arguments necessary to a successful outcome.

     Mr. Applegate stated that after talking with opposing counsel today and because of that discussion, he would like the motion made clearer that they may have to name other defendants in the case.

     Under discussion, Commissioner Carey stated as she understands it then, there is some rulemaking that is occurring.  Mr. Applegate replied in the affirmative stating the Division of Pari-Mutuel Wagering issued a notice last week, not long after the BCC meeting, announcing they are going to start holding workshops on a proposed rule.  He explained he cannot get too much into this because they are in litigation.  He said he did, however, notify opposing counsel that they would be bringing this up today.  He said they have been in constant contact with one another and have agreed to expedite this matter. 

     Districts 2, 3, 4 and 5 voted AYE.

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     Mr. Applegate advised he will be speaking at a statewide conference tomorrow on the bear-wise Ordinance.  He said the first thing he will say about it is that the County Attorney’s Office simply approved that Ordinance as to legal sufficiency.  He gave credit to the County Manager and her staff, to the Development Services Director and her staff, and to the good judgment of the Board.  He added that the bear-wise Ordinance will be a model for others to follow.  He advised he will also be doing the Ethics in Baseball again at the conference, and his term as president ends on Thursday.

ITEMS FOR FUTURE AGENDA

     Carla Wilson, 702 Heather Lane, addressed the Board and stated she is the campaign manager for the committee to protect greyhounds.  She then read her statement into the record as follows:  The committee to protect greyhounds is an all-volunteer organization; they are not Grey2K USA.  They are proud to have their support just as they are proud to have the endorsement of the Pet Alliance of Greater Orlando.  They are a registered political committee with their chair, treasurer and herself living in Seminole County.  Over the past six months, they have collected more than 14,000 signatures from Seminole County voters for the Greyhound Protection Act.  Every single one of those signatures was collected by a volunteer like herself, and they have nearly 100 active volunteers who collected at places like public libraries, farmers’ markets, and private businesses across the county.  The volunteers made real sacrifices.  They took time off work and they spent time collecting signatures that they otherwise would have spent with their families.  Some collected signatures despite having serious illnesses.  They made these sacrifices because they care about dogs and are concerned about the greyhounds at Sanford Orlando Kennel Club.  They know according to state records that 27 greyhounds have died at the track since 2013, and last year a greyhound tested positive for cocaine.  There have been five severe cases of neglect at this track over the past decade.  They also believe it is wrong for greyhounds to be treated differently than other dogs in the county.  They are troubled by the fact that there is an unlicensed commercial kennel in their community with roughly 700 dogs.  The County is not inspecting this facility, is not licensing it, and is not licensing the dogs.  As a Commission, they have an amazing record of leadership on animal welfare issues.  They want to work closely with the Commission to address these problems.  So far, however, they have heard two different messages from the County.  On one hand, they have been told to go away.  They met with Animal Services weeks before filing the Greyhound Protection Act and asked them for feedback; they received none.  After that, they provided the County Attorney with a legal memo that cited case law and explained why the County can also offer some protections to greyhounds, and that memo was ignored.  Finally, they are deeply disturbed by today’s meeting notice that the County Attorney is seeking “authority to raise all other legal arguments necessary to a successful outcome.”  They have deep respect for Mr. Applegate and his office; however, if the Greyhound Protection Act is struck down, it will not be a successful outcome.  Instead, it will be disastrous.  It would undo all the hard work of their volunteers and have a chilling effect on future citizen initiatives.  It would send a message that local voters don’t have a right to speak up on important animal welfare issues in the community.  It would also be a slap in the face to the more than 14,000 local voters who signed their petition.  The will of the voters should be respected.  Most importantly, if the Greyhound Protection Act is struck down, it will harm the 700 greyhounds that are now living in small cages at the Sanford Orlando Kennel Club.  As frustrated as they have been, they were also encouraged by the wonderful supportive comments that were made last week by several Commissioners.  As a Seminole County registered voter, she is proud to be represented by the Commission.  Their volunteers are eagerly looking forward to the public hearing on the Greyhound Protection Act.  They want to provide more information on the Sanford Orlando Kennel Club.  In the coming weeks, they want to work closely with the Commission as partners.  They are hoping the County will look for ways to help these greyhounds, not to look for a way to block the Greyhound Protection Act.

     Commissioner Carey stated they are not trying to block the will of the people, but they have been told by legal counsel that the state laws preempt some of their capability.  So, they have a responsibility to make sure they don’t give false hope to groups that they can do something and they really cannot because they are preempted by the State.  Chairman Horan added that it was made abundantly clear at the last meeting that this is an area that appears to be preempted by state law.  He stated they would encourage Ms. Wilson and anyone interested in the welfare of the dogs, as the Board is, to work closely with the state regulators.  In fact, the state regulators are issuing regulations right now in this particular area.  He stated they are doing what the law requires them to do which is asking the Court to make a declaratory judgment as to what their obligations are in this matter under Chapter 86.  He added that each of the Commissioners want the greyhounds to be well cared for.  Their own oath and duty requires them to take legal action and seek direction from the Court. 

     Mr. Applegate clarified that he did not ignore the legal memo.  As far back as December of last year, he notified the organization Grey2K, who submitted the petition, and the legal counsel in January, before the petition drive was underway, that their position was they disagreed with the legal memo.  He cannot discuss this further due to it being in litigation.  He said his other concern is that absent a Court telling them, if they didn’t challenge this and they started prosecuting dog owners or kennels or the racetrack, and the argument is that they are clearly preempted, then they are exposing the County to legal action.  Commissioner Carey mentioned she grew up with people that rescued greyhounds and she has a particular fondness for them. 

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     James Peterson, 102 Foxridge Run, asked the County Attorney to pull up Florida Statute 825.102.  He then asked the County Manager to pull up the CDC tally of how many people have died from marijuana every year in this country.  He asked Commissioner Carey whether she loves the veterans as much as she loves dogs.  Mr. Peterson questioned if they support the greyhounds as much as they support the veterans, then why are they going to jail for marijuana. 

Mr. Peterson stated as of January 2016, $20 million of Seminole County revenue went to drug dealers, unregulated, tax free.  Meanwhile, suffering people who are covered under 825.102 F.S. are abused, and it is also negligence, because they cannot get medical marijuana that they want in Seminole County even though HB 307 passed; Rick Scott signed it March 28th.  He repeated the same statistics for February, March, April, May and June.

     Mr. Peterson said that felonies have been committed by the authorities that are supposed to protect people and the police and sheriff’s offices have become predators.  He advised he is studying the law and will take the Bar Exam someday.  He opined that whenever a cop takes a pot seed from somebody, it is first-degree, felony armed robbery because there is a weapon displayed regardless of the amount of property.  He added that after armed robbery, the cop usually searches the person, which is first-degree armed sexual assault.  He concluded stating this is racketeering.

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     Judith Benson, P.O. Box 180834, Casselberry, again advised she is Chair of the Seminole Soil and Water Conservation District.  She stated she is requesting to be added to the agenda of a future meeting to make a presentation updating the Board on the activities at Seminole Soil and Water.  She advised they will also be requesting additional help, potential funding or expanded in-kind services. 

     Commissioner Carey commented that it may be after the budget process before they can get that on the agenda.  She asked whether Ms. Benson has had an opportunity to speak with the County Manager about what Seminole Soil may be looking for because she is still in preparation of the budget, which is due to the Board by July 15. 

     Chairman Horan noted that the Soil and Water Conservation Board are actually creatures of state statute, so consequently they are not under this Board’s jurisdiction or budget.  He added they are a state board under the State’s budget. 

     Commissioner Carey said when she was first elected, Seminole County Environmental Services and their water conservation groups worked very closely with some of the Seminole Soil folks to do good things for the community, so it is almost an in-kind type of thing.  County staff was organizing cleanups of ponds and streams and those types of things and coordinating that with their efforts.  She noted that while they are a state agency who should rely on the State, she thinks that they have an opportunity to work together and would hope they would consider doing that again.

     Ms. Benson stated that previously, Seminole County did provide funding to Seminole Soil and Water Conservation District.  She said there has been a lot of reorganization since then.  She was not an active participant at that time, but she does believe some of the Commissioners might have been present at that time as well.  Commissioner Carey explained that funding was for programming to meet the things the County had to deal with anyway like TMDLs and all of the other water quality issues they had.  She added with a different set of leaders and a different set of circumstances, it is an opportunity for discussion.  Ms. Benson thanked the Commissioner and said she would be contacting the County Manager. 

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

     Speaker Request Forms were received and filed.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:32 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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