BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
August 9, 2016
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, August
9, 2016, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
John Horan (District 2)
Vice
Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Kyla Spencer
Mr. Chris Jepson, Central Florida Freethought
Community, Oviedo, gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Airport Lanes was presented.
AWARDS AND PRESENTATIONS
Item #1 – A-2415-16
Amanda Day, Executive Director
of Bike/Walk Central Florida, addressed the Board
to _![1_share about the _%_Best Foot Forward for
Pedestrian Safety Program that Bike/Walk Central
Florida manages and operates on behalf of its
coalition partners. She stated that MetroPlan _%_Orlando, who is a coalition partner, recently _!„3_approved funding to
intr_!‹1_oduce a
program
like this to Seminole County. Ms. Day presented a PowerPoint presentation (received and filed). She explained that Bike/Walk _%_Central Florida
is a non-profit organization that focuses on three program areas including Best Foot Forward, Complete Streets Policy and Advocacy, and Coast to
Coast Connector. They
also do the communications with
the Florida Green_!Ë2_ways and
Trails Foundation with Coast to Coast Connector
and Trails. Ms.
Day stated Bike/Walk was founded by former Orange County Mayor
Linda _%_Chapin and the current chairman is FDOT
District 1 Secretary _%_Billy Hattaway.
Ms.
Day discussed how Best Foot Forward
was launched back in 2011.
She referred to the chart on
page 5 titled Number of _%_Walkers Struck
by Drivers and noted the total number is
equivalent to about two 747 jumbo jets crashing. She reviewed page 6, Number of Bike
Riders Struck by Drivers, and pointed out that you will notice an increase in
the total because there are more bikers and drivers on the street. She
discussed the People are Careless slide.
Ms. Day noted Best
Foot _%_Forward was launched and the coalition partners
are MetroPlan Orlando, City of Orlando, Orange County,
Orlando Police Department, Orange
County Sheriff's _%_Office, schools, LYNX, and different cities and counties that are
participating. _%_She explained the "Triple E"
approach illustrated on page
13, and mentioned the one and only focus is to get more drivers to stop for
people crossing in the crosswalk. She discussed how to make streets safer by getting more drivers
to yield to people in crosswalks.
Ms.
Day referred to page 15,
Start by Identifying the Crosswalk, and noted that Bike/Walk Central
Florida meets once a month
and looks at the crosswalks. Each year
they pick about 30 different crosswalks within the city and county that meets
certain criteria. She mentioned education is a huge
part of this issue
and they are looking at
it from a media standpoint to get the
message out. She explained how the biggest hurdle when they launched
the program was coming from enforcement.
Ms. Day displayed a video from WESH 2 News showing a police
officer legally crossing a crosswalk where drivers did not stop. She
explained the video is an example of the high-visibility enforcement that Bike/Walk _%_Central Florida
does four times a year. She noted the crosswalks that are
selected must have some sort of engineering improvement that is coming up
within that year and discussed some of the low-cost improvements. She
reviewed Progress to Date – Yield Rates, Progress to Date – Significant Strides
in Making Streets Safer, and BFF Provides Measured Results. Ms. Day stated Bike/Walk Central
Florida is hoping to bring the Best Foot Forward
program to Seminole County and work with staff to
figure out what the next steps are.
Commissioner Dallari commented that
pedestrian safety is one of the County's biggest issues and asked Ms. Day what
the next step would be for Seminole County.
She answered that it would be to sit down with staff and go into more
detail about the program, find the trouble spots in the County and start to put
together that scope. Commissioner
Dallari questioned how funding works.
Ms. Day explained it started with MetroPlan Orlando and Winter Park
Health Foundation. Once it got started,
the City of Orlando and Orange County both contribute $40,000 a year towards
the program; and the other additional funds come from grants and in kind with Lynx. Commissioner Dallari inquired if Ms. Day is
looking to set meetings with staff. Ms.
Day replied yes and explained that the funding that MetroPlan just approved was
$100,000 for Bike/Walk Central Florida.
She stated that $50,000 of that will continue on with the operating in
Orange County and the City of Orlando; and then the other $50,000 is for
bringing this program to Osceola and Seminole County, so the $25,000 is a
start-up cost.
Commissioner Carey stated crossing points
particularly around schools are critical, so it would be great for Ms. Day to
sit down with the engineering staff who are in charge of crosswalks on the road
and the Sidewalk Program and talk about safety ideas. Ms. Guillet suggested having someone from the
School Board as well. Ms. Day discussed
the working partnership with Orange County Public School Board, and added that
the County has the responsibility of the sidewalks, the infrastructure, and then
the schools have the responsibility of the education component. Commissioner Dallari asked when the Board
would be able to look at a plan for the County.
Ms. Day answered they could see it in a couple months because the
program is operational so the schedule is based on the County. Chairman Horan asked if there was consensus of the Board to direct to
staff to go ahead and meet with Bike/Walk Central Florida. No
objections were voiced.
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County Manager, Nicole Guillet, stated Item
#9, Release of Performance Bond #SU1128420 for the Walden Cove Subdivision, has
been pulled from the agenda. Commissioner Carey requested Item #5, CSA
Funding Allocations, and Item #17, BAR #16-079 to provide mosquito control
services, be pulled for a separate vote.
COUNTY
MANAGER’S CONSENT AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to authorize and approve the following:
County
Manager’s Office
Business
Office
2. Approve
travel reimbursement to Commissioner Lee Constantine for travel during April
through July of 2016. (A-2425-16)
Human
Resources Division
3. Approve the
benefits plan changes/renewals for 2017 Employee Benefits Renewal with Florida
Blue; and authorize the County Manager to execute the renewal agreements. (A-2501-16)
4. Approve and authorize the execution of the
amended Firefighters’ Statutory Death Benefits Coverage Plan with AIG – L B
Bryan & Company, to reflect the renewal premium of $5,974 per year. (A-2400-16)
Community Services
Community Assistance Division
5. Commissioner
Carey pulled this item for a separate discussion.
Community
Development Division
6. Approve and
authorize the Chairman to execute the State Housing Initiative (SHIP) Program
FY 2016-2017 Funding Certification for an allocation to Seminole County in the
amount of $2,450,135, and to use this funding in accordance with the SHIP
Statute, administrative rules and the Seminole County 2016-2019 Local Housing
Assistance Plan. (A-2461-16)
7. Approve 2016-2017 One Year Action Plan;
authorize the Chairman to execute corresponding documents, and signature pages,
the Standard Form 424, and all certification pages, Subrecipient Grant
Agreements, and Subsequent Grant Agreements with the U.S. Department of Housing
and Urban Development (HUD); and authorize the Community Services Department
staff to submit the Action Plan to HUD for approval. (A-2436-16)
Development Services
Planning & Development Division
8. Authorize
the release of Maintenance Bond #1027845 in the amount of $230,329.35 for
Silverleaf Park Subdivision; KB Home Orlando, LLC. (A-2360-16)
9. Pulled from the Agenda
request to authorize release of Roads, Streets, and Drainage Performance Bond
#SU1128420 in the amount of $454,774.37 for the Walden Cove Subdivision; Taylor
Morrison of Florida, Inc.
10. Authorize
release of Roads, Streets, and Drainage Performance Bond #SU1126064 in the
amount of $432,408.62 for the Steeple Chase Subdivision; Taylor Morrison of Florida,
Inc. (A-2513-16)
11. Authorize
release of Roads, Streets, and Drainage Performance Bond #0178034 in the amount
of $311,831.30 for the Estates at Pearl Lake Subdivision; Taylor Morrison of
Florida, Inc. (A-2514-16)
12. Authorize
release of Roads, Streets, and Drainage Performance Bond #0178088 in the amount
of $725,495.45 for the Coventry Subdivision; Taylor Morrison of Florida, Inc.
(A-2515-16)
Environmental
Services
Water
- Wastewater Division
13. Approve
Amendment #1 to Low-flow Toilet Rebate Program (Water Conservation) Cost-Share
Agreement Contract No. 28408 by and between the St. Johns River Water
Management District and Seminole County, Florida for a 6-month contract
extension to March 29, 2017. (A-2482-16)
Public
Safety
Addressing
Division
14. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-127 renaming
2nd Avenue to Diesel Lane. (A-2354-16)
Emergency
Management Division
15. Approve
and authorize the Chairman to execute the Alert Florida Memorandum of Agreement
between Seminole County and Florida Division of Emergency Management. (A-2345-16)
Resource
Management
Budget
& Fiscal Management Division
16. Approve a
new Wellness and
Fitness Coordinator position in the Administration Department, Wellness Program;
authorize the advertisement of the position; and approve and authorize the
Chairman to execute appropriate Resolution #2016-R-128 implementing the Budget
Amendment Request (BAR) #16-079 through the Health Insurance Fund to reallocate
$3,902 of operating budget for a new Wellness and Fitness Coordinator position.
(A-2446-16)
17. Commissioner
Carey pulled this item for a separate discussion.
Purchasing
& Contracts Division
18. Award
RFP-602600-16/BJC, Employee Benefit: Voluntary Dental Plans & Voluntary
Dental Benefits, for DHMO Plan to Lincoln National Life Insurance Company,
Orlando; and authorize the negotiations and execution of the Benefits Plan
documents. (A-2447-16)
19. Approve
Amendment #4 to Work Order #1, Oxford Road Long Range Redevelopment, under
RFP-8721-13/DRR, Master Services Agreement, for General Planning and Urban
Development with VHB Miller Sellen, Orlando, in the amount of $95,440; and
authorize the Purchasing & Contracts Division to execute the Work Order
Amendment. (A-2477-16)
20. Award
IFB-602595-16/TLR, Term Contract, for Landscape Maintenance of County
Facilities to Duval Landscape Maintenance LLC, Jacksonville; and authorize the
Purchasing & Contracts Division to execute the Agreement. The estimated annual usage is $235,770. (A-2464-16)
Districts
1, 2, 3, 4 and 5 voted AYE.
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Agenda Item #5
– A-2443-16
Commissioner Carey stated in regard to
Community Services Agency Partnership Grant funds, in the past years, when
times were good, they had a budget of about $919,000 a year. A lot of these grants are essential services
like Kids House, Meals On Wheels, SafeHouse and Christian Sharing Center. She pulled this because she would like the
County Manager to look closely at this as they move toward finalizing the
budget. Commissioner Carey pointed out
that this is the first year that their revenues are starting to be flat
again. During the recession they had to cut
a lot of things, including funding for these types of programs; but she
believes they are at a point in time where they can go back and look at
increasing the funding for some of those essential services because without
them, the County would have much greater costs and the citizens would not be accommodated.
Commissioner Dallari agreed
with Commissioner Carey and stated he would like to look at this through the
budget process. Commissioner Carey
stated if it doesn't happen during this budget cycle, then as they close out
the current year and reconcile it and have funds to move forward, maybe there
is an opportunity there. She opined that
they need to keep a close eye on it because it is starting to impact some of
the operations of those agencies.
Chairman Horan agreed and
noted he has taken a close look at the budget.
In 2008 they were at about $1.3 million a year for those services, and
they are now down to under $700,000. Chairman Horan stated he would like to look
closely to see if there is some way they can restore some funding to the CSA
program being mindful that they have always been very responsive to the needs
specifically of any organization that provides essential services or supportive
services as a special accommodation in the past.
Commissioner Henley stated he
would like to be provided with information as to how much the various
organizations are raising because sometimes the more the County gives, the less
they put forth effort to raise money from the community. Chairman Horan stated he just submitted to
the County Manager, as to one of the boards he serves on, that a provision be
put into the contract that asks for information as to who the donors are, how
much is being raised, et cetra. As to
the agencies on the list, Commissioner Henley pointed out that they know
additional monies are given through the Sheriff. Chairman Horan assured that the County
Manager and the Community Service Director are pretty mindful of what else is
being given by other agencies, but the incentive to go ahead and take County
dollars and raise private dollars is something they should focus on and should
ask to be reported.
Commissioner Carey requested
Valmarie Turner, Community Services Director, explain the grant process that
they go through. Ms. Turner stated there
is an application cycle and they do look at the agency's past performance to
ensure that they are meeting all the objectives as detailed in the agreement. It is not something they do in a vacuum, and
it is a very competitive process. Ms.
Turner confirmed for Commissioner Carey that the County does not provide more
than 50% of the agency's operating budget.
Commissioner Carey noted the agencies have to raise considerable funds;
and as leaders, the Board all has their charities that they assist by helping
them raise funds.
Chairman Horan stated it is a
good provision to have, to not provide more than 50% of the operating budget,
which works for a small organization; but with a large organization, the
County's grant is not going to provide 50% of their operating budget. He would still like to know what specific
dollars they are using that they are raising for the entire organization that
they are using in Seminole County.
Commissioner Carey stated as they look at the funding, they could also
look at the criterion and add some of the ideas that have been heard
today. She noted that on the national
organizations, they have eliminated them from consideration in most cases
unless they are very specific because there used to a lot of requests from
people who were not doing anything in this community. She opined it would be a good time to look
and see what would better enhance the criterion. Commissioner Henley added he would like to
see exactly how many of the County's citizens are being served in each
organization. Commissioner Dallari
responded staff can provide that, and Commissioner Carey added that that is part of
the criteria.
Commissioner Dallari opined
as they are going through the process, maybe they could have a work session on
it so everyone understands exactly what is happening. Chairman Horan stated they should have a
presentation on it at the budget work session.
Commissioner Dallari commended Ms. Turner and her staff. He stated it would be advantageous to have a
work session because there would be more transparency. Chairman Horan noted, to Commissioner
Henley's point, he wants to include language regarding the leverage situation
in one of the Community Service Agency contracts; and he has given that
language to the County Manager. He believes
the most important aspect is to make sure that the County's dollars are being
leveraged with the dollars that the agencies are raising as well as the dollars
that other governments are giving them.
Motion by Commissioner
Carey, seconded by Commissioner Dallari, to approve the recommended funding
allocations for Community Services Agency (CSA) Partnership Grant funds in the
amount of $679,040 for FY 2016-2017, and authorize the Chairman to execute the
CSA Agency Agreements upon agency execution for the following: Impower, Kids
House, Meals on Wheels, Rescue Outreach Mission, Catholic Charities, Christian
Sharing Center, Safehouse, Early Learning Coalition, Recovery House,
Casselberry Kids, Jewish Family Services, Midway Safe Harbor, SC Bar
Association/Legal Aid Society, SWOP, United Way, Lighthouse, Boys & Girls
Clubs, Seniors First, SC Police Athletic League (PAL), and Life Concepts d/b/a
Quest.
Districts 1, 2, 3, 4 and 5
voted AYE.
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Agenda Item
#17 – A-2479-16
In regard to domestic
mosquito control services, Commissioner Carey thinks it is great that the
County is getting funding from the State to help assist with the mosquito
control situation. She also thinks it is
unfortunate that anyone would try to scare the public by reporting false
information, and because of that she would like to have staff make a
presentation for the public purpose to show people what staff is doing in
Seminole County to address the Zika virus and mosquito control and what people
can do to address the situation themselves as well. Ms. Guillet stated staff will address that
issue. She added when they got reports
of the first homegrown Zika case in South Florida, the County stepped up its
efforts with respect to public information and public education. She explained that staff will start by giving
the Board a rundown of what they have done in their increased efforts to
educate the public. A lot of this
involves prevention and it is prevention people can take with respect to their
own properties.
Ms. Guillet stated Trisha
Setzer, Office of Economic Development & Community Relations, will run
through the enhanced public information efforts that the County has undertaken;
and then Gloria Eby will fill the Board in on more of the specifics about what
their efforts are and how they are going to ramp them up. She pointed out that even without the State
funding, the County significantly increased the funding for mosquito
control.
Trisha Setzer addressed the
Board and displayed the Seminole County website homepage and pointed out the
two locations where a Seminole County resident can learn about mosquito
control. She noted that if they click
the top link, they can fill out a request to come and have their area inspected
and potentially sprayed; and the other link will take them to the mosquito
control homepage to learn about mosquito control. Ms. Setzer stated that from the link a
resident can learn more about “Drain and Cover,” and pointed out the Florida
Department of Health messaging that has been shared on the website and also
throughout social media. This page also
shows updated public service announcements and information about mosquito-borne
illnesses. Ms. Setzer noted when they
spray for mosquitos, they are spraying for a number of mosquito-borne
illnesses, not just one type of illness.
This page also shows where mosquito control operations are focusing
their spray efforts. She stated they can
increase the emphasis from the homepage if the mosquito situation were to
escalate.
Ms. Setzer discussed how they
have focused their efforts on social media including Facebook, Nextdoor and
Twitter. She stated additionally they
are putting billboards throughout the County to educate residents on “Drain and
Cover” efforts. Staff has put together a
bulletin to share with constituents with information about where they can learn
more about “Drain and Cover” and also if they would like to request treatment
in their community. She noted staff is
working closely with the Health Department in all media efforts as well.
Gloria Eby, Director for the
Mosquito Control Program in Seminole County, addressed the Board and stated her
team is very proactive and countywide.
She explained Zika has no boundary and no jurisdiction. Her dedicated staff receives calls from the
Department of Health related to Zika cases, which have all been travel-suspect
cases to date. She implements her team
immediately when they receive those calls, and they conduct what they normally
do in their normal operations for the Disease Response Plan. That plan is available for viewing on the
website and filed with the State Department of Agriculture and Consumer
Services. Ms. Eby stated the biggest
thing her team does is source reduction, which is going home to home, tipping
pots over, emptying birdbaths, emptying anything that is a container where
these types of mosquitos can live and breed.
She noted this particular species of mosquitos are a very difficult
species to manage. Her team goes door to
door to provide door hangers, eliminate habitats where they see larva, and
conduct larva sightings within a square-mile radius of a person's home. She stated spraying or fogging at night is in
addition to source reduction, which helps to knock down the adult mosquito
population immediately.
Chairman Horan explained the
agenda item deals with the sum of $232,705 that has been appropriated through
the State, which has come through the CDC and the executive branch of the Federal
Government. He asked Ms. Eby how much
more she thinks the County needs to effectively do this. As he understands it, the money has been
given to them in tranches. Ms. Eby answered
that the main thing they need is staff to conduct that source reduction as well
as the equipment and everything that is listed in the agenda memorandum related
to that. Management has been very
proactive in helping the program build the boots on the ground that they need,
but they need to actually be on the ground.
Ms. Guillet noted in the
upcoming fiscal year budget, they have enhanced operations in mosquito
control. The Budget Amendment that the
Board has today deals with an allocation for August and September, so the County
will be in a position to spend that. She
added that they are not sure what the dollar amount is going to be for the
money that the County is going to get in future months. The money they received in August has to be
spent in August. Ms. Guillet stated she
assumes they are going to get the same amount in September, but that has not
been allocated yet. She thinks that
after September that amount may drop somewhat, so they are trying to use the
resources that the County has allocated in the most efficient way that they can
and leverage the money they are getting from the State for as long as they get
it. Ms. Guillet noted they are supposed
to get it until January, and they are assuming that is what is going to happen;
but they do not know specifically what they are going to get from month to
month. Commissioner Carey stated she
thinks the State is allocating too as they get federal assistance for this
particular issue, so they don't even know the answer yet.
Commissioner Carey explained
that so much of this is public awareness and making people aware of what they
can do such as the “Drain and Cover” message.
She asked everyone to share that message on social media if they happen
to receive it on their personal device and mentioned that this is a situation
where mosquitos migrate and hopefully the cases in South Florida remain in
South Florida; but the County has to do everything they can to protect itself,
and educating the public is critical to that.
Ms. Guillet stated since the
beginning of this calendar year, the total number of homes that the County has
worked with regarding mosquito control has been 300,000. There have been over 3,000 inspections, and
over 1,200 treatments. They have treated
about 400 acres by foot and over 120,000 acres via fogging. There have been about 1,500 work orders and
about 1,000 service calls. She confirmed
for Commissioner Carey that those numbers were driven by the request form on
the Seminole County website and calls to the County. Ms. Guillet clarified that they do not treat
any area of the County differently, it is all treated with the same protocol
that they use countywide.
Chairman Horan announced this
is a public health issue and politics has nothing to do with it. The funding the County is getting right now
is because the Chief Executive from this state and a Chief Executive from this
country cooperated and got agency funding to the State that is now coming to
the County. Chairman Horan respectfully
suggested that Congress forgets about the politics and address the public
health issue they have and get the funding that is needed. He stated no one should play politics with a
public health issue.
Motion by Commissioner Carey, seconded by
Commissioner Dallari, to approve and authorize the Chairman to execute
appropriate Resolution #2016-R-129 implementing Budget Amendment Request (BAR)
#16-081 through the allocation from the Florida Department of Health, Bureau of
Epidemiology to provide domestic mosquito control services in the amount of
$232,705 and approve up to five temporary, limited term mosquito staff.
Districts 1, 2, 3, 4 and 5
voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by
Commissioner Dallari, seconded by Commissioner Carey, to approve the following:
Clerk’s
Office
21. Approve
Expenditure Approval Lists dated July 11 and 18, 2016; Payroll Approval List
dated July 14, 2016; the BCC Official Minutes dated June 28, 2016; and authorization
to destroy records as identified. (A-2471-16)
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for
information only, the following Clerk’s “Received and Filed”:
1.
Conditional Utility Agreement for
water, wastewater or reclaimed water services with CND-Reagan, LLC for the
project known as Reagan Pointe.
2.
Work Orders #10 and #11 to
PS-0219-05 with Singhofen & Associates, Inc.
3.
Change Order #2 to CC-0266-15 with
Masci General Contractor.
4.
Fourth Amendment to RFP-4265-06 with
OTT Landscape Maintenance, Inc.
5.
IFB-602594-16 with Baksh Homes, LLC.
6.
Work Order #24 to PS-7643-12 with
Southeastern Surveying and Mapping Corp.
7.
Work Order #3 to PS-8005-12 with CDM
Smith, Inc.
8.
Work Orders #48 and #49 to
PS-8047-12 with Tierra, Inc.
9.
Amendment #1 to Work Order #49 to
PS-8148-12 with Parsons Brinckerhoff, Inc.
10.
Amendment #1 to Work Order #54 to
PS-8148-12 with CDM Smith, Inc.
11.
Work Order #58 to PS-8148-12 with
CDM Smith, Inc.
12.
First Amendment to PS-8186-13 with
Reiss Engineering, Inc.
13.
Work Order #34 to PS-8186-13 with
CPH, Inc.
14. Change
Orders #3, #4 and #5 to Work Order #21 to CC-9192-13 with Corinthian Builders,
Inc.
15.
Approval Development Order
#16-80000026, 3800 5th Street, The Transition House.
16.
Development Orders #16-30000030, 340
Alpine Street, Dianne & Jeanette Gatdula; #16-30000031, 449 Lakeshore
Drive, Charles & Cynthia Donaldson; #16-30000032, 1702 Willa Circle, Luis
& Gypsie Pulliza; #16-30000036, 348 Tangerine Street, Robert Csanalosi;
#16-30000037, 250 Queensberry Court, Fernando Jr & Carmen Acuna.
17.
Final Development Plan, Developer’s
Commitment Agreement, Commitments, Classifications and District Description;
DCA #16-20500001; Windsor Square Townhomes a/k/a Reagan Center.
18.
Memorandum from Mary Ann Whitney,
Secretary of Public Risk Management of Florida Group Health Trust, submitting the
Intergovernmental Cooperative Agreement for the City of Lake Mary and Affidavit
of Authenticity.
19.
Bids as follows:
IFB-602594-16
from Argus Group Holdings, LLC; Baksh Homes, LLC; Henry Schein, Inc.; Midwest
Medical Supply Co., LLC; Sun Surgical Supply; 4MD Medical Solutions; and
RFP-602574-16
from Revitalize Project, Inc.; US Wellness; Provant Health Solutions, LLC;
Harris, Rothenberg International, Inc. d/b/a Humana Wellness.
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Motion by
Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
Sheriff’s
Office
22. Approve
the expenditure of $2,500 from the Law Enforcement Trust Fund to provide
funding to St. Johns River Festival of the Arts to support their Arts for Kids
Program. (A-2481-16)
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Board recessed the
meeting at 10:25 a.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Kyla
Spencer who was replaced by Deputy Clerk Terri Porter, who were present at the
Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
PUBLIC HEARINGS
VASANT VATIKA SSFLU MAP AMENDMENT & REZONE/Babuji Ambikapathy
Agenda Item #23 – PH-2016-315
Kathy Hammel, Planning & Development Division, addressed the Board
in regard to a request for consideration of a Small Scale Future Land Use Map
Amendment from Low Density Residential (LDR) to Planned Development (PD) and a
Rezone from R-1A (Single-Family Residential) to PD (Planned Development) for an
age-restricted, 40-unit senior living community on 6.45 acres, located on the
south side of Center Drive, approximately 600 feet east of Sunset Road, Babuji
Ambikapathy, Applicant.
Ms. Hammel advised that the Applicant has requested that this item be
withdrawn. She explained they are
redesigning the site and they are working with the community so they need some
additional time. Upon inquiry by
Commissioner Dallari, Ms. Hammel advised the item will be re-advertised because
it is not being continued to a date certain.
RIVERSIDE OAKS PD REZONE/Madden Moorhead &
Glunt
Agenda Item #24 – PH-2016-377
Proof of publication calling for a public hearing to consider a Rezone
from A-1 (Agriculture) to PD (Planned Development) for a single-family
residential subdivision on approximately 64.58 acres, located on the north side
of Celery Avenue, approximately one-half mile west of Cameron Avenue, Madden
Moorhead & Glunt, received and filed.
Joy Giles, Planning & Development Division, addressed the Board to
present the request as outlined in the Agenda Memorandum. She noted that staff has made a correction to
the Development Order in regard to the requirement of a sidewalk along Celery
Avenue. She explained there is a Capital
Improvement Project (CIP) currently in the planning stage by the Public Works
Department for the construction of a 3½-mile trail along the north side of
Celery Avenue. This trail negates the
requirement for the developer to provide a sidewalk; however, the developer
will be required to provide an easement along the south side of the subject
site to accommodate the trail in the future.
The proposed development is compatible with the Joint Planning Agreement
(JPA) with the City of Sanford.
Ms. Giles stated the Planning & Zoning Commission recommended
approval and staff recommends adoption of the Ordinance.
Commissioner Carey clarified that in lieu of a sidewalk, the developer
is going to provide a 25-foot easement so that the coast-to-coast trail will
have the ability to go through there. It
is a much wider easement than providing a 5- or 6-foot sidewalk.
Charlie Madden, Madden Moorhead and Stokes, addressed the Board to
state he is in attendance to answer any questions or respond to any public
comment.
Commissioner Carey noted in regard to drainage, it states there is a
downstream that goes through this property; there is a ditch that runs along
it. She asked whether it would be
piped. Mr. Madden responded that there
are mature oak trees along the banks of the ditch, and they will work with
staff to hopefully keep that ditch open; they prefer not to pipe it. He mentioned there are a couple of road
crossings that will need to be piped however.
Commissioner Constantine confirmed with Mr. Madden that the maximum in
the PUD is 130 units. Mr. Madden stated
with the room that they have, it will be a cluster plan per the JPA
requirements, so they are limited to 3½ units an acre which is what they will
be doing.
Vicki Meriwether, 3471 Celery Avenue, addressed the Board to voice her
concerns about the impact rezoning could have on their farm. She stated her property is directly across
from the ditch they referred to and their property has been zoned agricultural
since 1914; they are a working farm. She
added they have built a buffer on their side of the street and she is hoping something
will be done on the other side. They
spray and they have dangerous equipment on their property. They also have open pockets because they have
free flowing wells. Commissioner Carey
stated she is very familiar with the Meriwether family farm. She explained they had worked very closely
with the City of Sanford to come up with a Joint Planning Agreement to address
this area as it starts to transition from agriculture, which is all it used to
be. She noted that Rivers Edge is a
280-acre development that has been approved which will have a big impact on the
transition of this area. Once they cross
to the north side of Celery Avenue, the densities are stepped down so they can
kind of buffer going to the river to keep the integrity of area.
Commissioner Carey mentioned the 25-foot easement across the front of
the property they are dedicating for the trail.
Ms. Meriwether wondered if that was going to be protected in any way
because when they spray, some of their machines sound like an airplane on the
ground. Commissioner Carey stated the
trail will run along the north side of Celery Avenue and that this is a
statewide project that is underway. She
said she hopes people will be smart about the fact that they should not
trespass onto Ms. Meriwether’s property because farming can be a dangerous
thing. She added they are all interested
in maintaining the characteristics there, and there were a lot of things they
required of Rivers Edge to protect the integrity and the history of that area.
Robert Lommerse, 535 Upsala Road, addressed the Board and stated he is
the great, great grandson of Charles Meriwether, the original owner of the
farm. He said their concern is what
would happen if someone did cross the road and come onto their property. He noted he is going to college for a degree
in citrus and will be taking over the operations of the farm when he
graduates.
With regard to public participation, no one else in the audience spoke
in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt
Ordinance #2016-24 enacting a Rezone from A-1 (Agriculture) to PD (Planned
Development) and approve the associated, revised Development Order and Master
Development Plan for a single-family residential subdivision on approximately
64.58 acres, located on the north side of Celery Avenue, approximately one-half
mile west of Cameron Avenue, as described in the proof of publication; Larry
Dale and Daryl McLain, Owners; Madden Moorhead & Glunt, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSOLIDATED STREET LIGHTING DISTRICT
ORDINANCE AMENDMENT (MSBU)
Agenda Item #25 – PH-2016-374
Proof of publication calling for a public
hearing to consider repealing and replacing Ordinance #2015-32 to create
Francis Street, Raymond Avenue, and Orange/Hillcrest East Municipal Services
Benefit Units (MSBUs), and to adopt the respective initial assessment rolls,
received and filed.
Kathy Moore, MSBU Program, Resource
Management Department, addressed the Board to present the item as outlined in
the Agenda Memorandum. She stated the
Ordinance presented for revision includes three new MSBUs to fund street
lighting. Each of these MSBUs was
initiated by community-based application and carried a community support rate
of at least 55%. The proposed MSBUs with
their respective initial assessment rates are as follows: Francis Street - $55 per parcel, Raymond
Avenue - $20 per parcel, and Orange/Hillcrest East - $30 per parcel. If approved, the amended Ordinance will be
effective October 2016. Equipment
installation will be dependent upon the scheduling by the electric utility
company and is expected to be completed no later than December 2016.
Commissioner Carey submitted her ex parte communications into the
record.
With regard to public participation, no one in the audience spoke in
support or in opposition and public input was closed.
Motion
by Commissioner Carey, seconded by Commissioner Constantine, to approve and
authorize the Chairman to execute the Consolidated Street Lighting District
(CSLD) Ordinance #2016-25, repealing and replacing Ordinance #2015-32, to
create Francis Street, Raymond Avenue, and Orange/Hillcrest East Municipal
Services Benefit Units (MSBUs), and to adopt the respective initial assessment
rolls, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
2016 NON-AD VALOREM ASSESSMENT ROLL
Agenda Item #26 – PH-2016-371
Proof of publication calling for a public
hearing to consider approval of a Resolution to adopt the 2016 Non-Ad Valorem Assessment
Roll with Certification provided to the Seminole County Tax Collector, received
and filed.
Kathy Moore, MSBU Program, advised this
item is to provide opportunity for public input prior to the Board adopting and
certifying the consolidated Assessment Roll for Tax Year 2016. She reviewed the details of the 2016 Non-Ad
Valorem Assessment Roll (NAVA Roll) as outlined in the Agenda Memorandum.
Ms. Moore submitted written public comment into the record.
Chairman Horan asked how many different MSBUs they actually administer
under the County. Ms. Moore advised they
have approximately 425 individual MSBUs that are tracked as individual funds.
With regard to public participation, no one in the audience spoke in
support or in opposition and public input was closed.
Motion by Commissioner Henley, seconded by Commissioner Constantine, to
approve and authorize the Chairman to execute appropriate Resolution
#2016-R-130 adopting the 2016 Non-Ad Valorem Assessment Roll (CD received and
filed) with Certification provided to the Seminole County Tax Collector, as
described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
GREYHOUND PROTECTION ACT ORDINANCE
Agenda Item #27 – PH-2016-393
Proof of publication calling for a public
hearing to consider adoption of an Ordinance amending Chapter 20, Animals and
Fowl, of the Seminole County Code, establishing licensing and reporting
requirements for greyhound racing kennels and racing dogs, GREY2K USA
Worldwide, Inc. and the Committee to Protect Greyhounds, et al, Petitioners,
received and filed.
Bryant Applegate, County Attorney,
explained that the hearing today is to consider the adoption or rejection of
the citizen-petitioned Greyhound Protection Act, which would amend Chapter 20
of the Seminole County Code of Ordinances.
He stated it has been the position of the County Attorney’s Office that
the field of greyhound racing and protection is pre-empted by Chapter 550 of
the Florida Statutes. Therefore, they
sought and got approval to file a declaratory judgment action asking the court
for a ruling on that. The hearing on
that is scheduled for August 19.
Mr. Applegate stated the Board has asked,
pursuant to Section 2.2(h) of the Charter that this public hearing be held to
consider the adoption or rejection of the Ordinance. He pointed out that the Board has a couple of
options: (1) they could adopt the
Ordinance at which point they would be required to dismiss the lawsuit; and (2)
if the Board rejects the Ordinance, they can instruct, by Resolution, to have
the Petition set on the ballot, which would allow the hearing scheduled for
August 19th to continue.
Chairman Horan noted an option in the Agenda Memorandum was to continue
the item to a date and time certain and questioned if that is still an
option. Mr. Applegate said that it is,
but it has been his position from the start that since the lawsuit was filed,
the 60-day time requirement is not applicable, plus case law strongly supports
that a time requirement would normally not prohibit or allow a court to enjoin
an election process on a technicality.
Therefore, Mr. Applegate stated that if they continue the hearing for
whatever reason, they could come back in two weeks and make a final decision,
which would still leave time to have the matter placed on the ballot since
September 6 is the deadline for the Supervisor of Elections.
Commissioner Carey questioned if they
decide to adopt the Ordinance today, whether it would just be codified into
Chapter 20, Animal and Fowl Control. Mr.
Applegate responded that is correct. If
it were adopted, then the County Attorney’s Office would take the necessary
steps to have it codified. Chairman
Horan confirmed with Mr. Applegate that at that point, they would have to
dismiss the lawsuit.
Commissioner Carey clarified with Mr.
Applegate that the citizens’ request is that injuries and disposition methods
be reported. Mr. Applegate advised that
the first section is to delete the exemption for greyhound kennels under
commercial kennels and then there is a reporting requirement for both injuries
and disposition. It provides for
penalties for false reporting.
Commissioner Dallari noted that if the
Ordinance is adopted, which would require dog licensing, it doesn’t set the fee
structure. Mr. Applegate said that would
come later on. He believes it was framed
that the County Manager would seek authorization to adopt a fee structure. Ms. Guillet advised they do currently have a
fee for licensing of domestic animals and they also have a fee for licensing of
commercial kennels. They would ask the
Board to consider in the future, if they were to pass this, also enacting some
sort of filing fee associated with the filing of the injury and disposition
reports. Commissioner Carey stated that
this would not go into effect until March 1st which would give some
time to determine what would be a reasonable price for those. Mr. Applegate pointed out that the State is
in the process of adopting further rules.
Chairman Horan questioned when the next
hearing or proceeding is in the rulemaking process of the State on this. Mr. Applegate responded they have not
announced it yet, but they have started the process. Commissioner Carey said she asked the
lobbyist what the State is actually regulating now and as she understands it,
the only thing that has to be reported is if there is the death of a dog on the
track. If the dog is injured and has to
be removed from the property, the disposition of the dog does not have to be
reported. Mr. Applegate clarified it
does not prevent someone from reporting it.
Carey Theil, Executive Director of GREY2K
USA, addressed the Board to state they work to pass greyhound protection laws,
phase out greyhound racing, and promote greyhound adoption. He noted that as a non-profit, they do
extensive research regarding the greyhound racing industry and most of the
research they do is through public information requests to state agencies and
other public officials. They also
monitor the industry itself. He
displayed a PowerPoint presentation (received and filed) and said he pulled the
data from their files about the Sanford Orlando Kennel Club (SOKC) to help the
Board make an informed decision, and all of the data is from the past
decade. He reviewed Quick Facts and
Greyhound Population, which depicted an aerial of the kennel compound. He explained that each of the kennels is
privately owned and the property is leased to them.
Mr. Theil showed photos and discussed
Confinement and Daily Turnouts. He
indicated that other than the four daily turnouts for the dogs to relieve
themselves and the five days they go to the track to compete, the dogs will be
kept in cages until the end of their racing career. A 2006 investigative report stated that dogs
are normally confined for 20 to 23 hours per day.
Mr. Theil covered Greyhound Deaths & Injuries and Five Severe
Cases of Neglect. A booklet (received
and filed) was distributed entitled “Confinement” and Mr. Theil noted there are
actual investigative reports included in the booklet which include unsanitary
conditions and greyhounds being denied veterinary care. Finally, he reviewed Other Issues, which
included a greyhound testing positive for cocaine at SOKC in 2015 and the use
of “4-D” raw meat as a way to reduce costs.
Commissioner Carey asked Mr. Theil what GREY2K is currently asking the
State to do in their rulemaking process.
Mr. Theil advised that in working with Senator Sobel’s office, he
drafted the budget proviso language that the Commissioner is referring to. He added that he testified in Tallahassee
last week at the workshop on this issue.
He pointed out that the State opened the workshop, gave no introductory
comments, took testimony and closed the workshop without indicating their
intentions. He said he believes the
State will move forward and create a rule but he does not know that for
certain.
Commissioner Carey noted that in the presentation, Mr. Theil stated
that out of the twelve dog tracks in the state, SOKC is the only one that does
not have a poker room. The Commissioner
advised that there will never be a poker room there because there is a Charter
provision that does not allow any additional gambling to be added from the time
the Charter was adopted.
Mr. Theil said they know from state filings that every dog track in
the state is losing money. He believes
they are seeing greyhound racing slowly end throughout Florida and throughout
the country. They are fighting both to
make that time length shorter and to do what they can in the meantime to make
life better for these dogs while this activity continues.
Commissioner Carey asked if what is in the petition before them today
is what they have asked the State to do in their briefings and testimony to the
State including licensing, injury reporting, disposition reporting and all of
those things. Mr. Theil advised that he
has a long list of reforms that he would like to bring to help these dogs at
the state level. At the state level,
however, they have been focusing on one issue at a time, and their primary
focus has been requiring the reporting of greyhound injuries. He added that their organization is hoping
that whatever Seminole County adopts and whatever the State adopts would be
very similar, if not identical, and would be harmonious. He indicated the commercial kennel provision
and the licensing provisions are county provisions that are distinct from the
state regulations in this area.
Chairman Horan confirmed that GREY2K was not the organization that
brought forth the petition. Mr. Theil
said they are not, but they have worked very closely with local volunteers;
they provided them with logistical support and their counsel provided
assistance in terms of the drafting of it.
He added the petitioner was always the Committee to Protect
Greyhounds.
Carla Wilson, campaign manager for the
Committee to Protect Greyhounds, addressed the Board and said she has been a
Seminole County resident for 20 years.
Since December, she has collected signatures for the Greyhound
Protection Act from Seminole County voters.
She then introduced Christine Dorchak.
Christine Dorchak, 11A Lakeview Street in
Arlington, MA, addressed the Board to speak in support of the Greyhound
Protection Act. She stated she is a
volunteer for the Committee to Protect Greyhounds and she offered her expertise
in helping them draft the language in the Greyhound Protection Act. She did this in consultation with other
endorsing organizations including the Humane Society of the United States, the
Pet Alliance, and several veterinarians.
She stated this language represents the culmination of all of them to
try and pass some sort of legislation to protect greyhounds further here in the
county. A PowerPoint presentation
(received and filed) was displayed, and Ms. Dorchak said she will speak about
the goals of the petition and how the petition works.
Ms. Dorchak covered the first slide which
included four main aspects of the Greyhound Protection Act. She stated that it is standard in the
greyhound industry to provide disposition records, which detail the fate of
greyhounds when they finish racing, and they would like those records to become
part of the public record, in addition to injury reports. She then reviewed Commercial Kennel
Inspections and Dog Licensing. She
explained they would like greyhounds to be protected under the same sections of
the Code in regard to care, housing and standards that protect other dogs in
the county. The Disposition and Injury
Reporting slide was reviewed by Ms. Dorchak and she concluded by stating that
other counties have provisions for greyhound protection and she believes this
county is well within their authority to do so as well.
Chairman Horan questioned whether the term
“commercial kennel” is actually defined under the Code and Mr. Applegate
responded in the affirmative.
Commissioner Carey confirmed with Ms.
Guillet that they currently require all commercial kennels in the county to be
inspected or registered or licensed.
Commissioner Carey then asked whether the greyhound kennels are
exempt. Ms. Guillet explained they are
not specifically exempted in the current regulations, and what this proposal
does is specifically include them because greyhound racing is regulated by the
State.
Marilyn Pagliaro, 675 Waneta Court,
addressed the Board and stated she was one of the volunteers that collected
signatures. She spent numerous hours in
the heat and rain speaking to many people about injury reporting for
greyhounds. She noted that an
overwhelming majority of people were horrified to learn that Florida was one of
only two states in the nation, out of only seven that allow greyhound racing,
that did not have a greyhound injury reporting law. She opined that through the Greyhound
Protection Act, Seminole County can provide an additional level of protection
that complements the state law. Since
the ultimate penalty for racing, death, must be reported, surely the injuries
that can cause death can be reported easily.
She said she will work long and hard to protect animals because they
cannot speak, they cannot choose where they live, or what happens to them.
Chairman Horan asked in what year did she
say the State added a provision or rule that required the reporting of
greyhound deaths. Ms. Pagliaro replied
she believes it was 2013. Chairman Horan
clarified that the rule came out of the statute, so it was actually done by the
Legislature.
Michelle Bruder, 1880 Chilean Lane,
addressed the Board and advised she has lived in Central Florida her entire
life. She is a business owner of two
local, small businesses. She was one of
the volunteers who collected signatures.
She said she feels that a lot of this comes down to transparency and
that having injury reporting and disposition reports will allow the community
to be able to make their own decisions on how they feel about greyhound
racing. She added if the dogs are being
treated well, there should be no fear in reporting.
Heather Hayes, 822 Fairview Avenue,
addressed the Board and said she became involved with this cause because she
has seen firsthand the cruelty in the treatment of these animals. She explained she lives five minutes from the
dog track and countless times, she has seen old and rusty pickup trucks with
poor ventilation transporting many greyhounds like they are trash bags. She noted she spent countless hours in the
sun and the rain getting signatures to try and get this on the ballot.
Kathy Pelton, 2995 East Budd Drive in
Cooper City, addressed the Board to state she drove here quite a few times to
collect signatures for the ballot initiative because she believes it is
important to the welfare of the racing greyhounds in Seminole County. She has two ex-racers and said she takes them
to middle schools in Dade, Broward, and Palm Beach counties. She shows a PowerPoint presentation depicting
how they put eight dogs in the starting box who make the first turn at about 40
mph. She continued to describe a typical
greyhound race. She asked the Board to
keep these images in their minds when considering the ballot initiative.
Ken Pelton, 2995 East Budd Drive in Cooper
City, addressed the Board stating that over the years, he and his wife have
adopted five greyhounds from the racing industry. He opined that the American greyhound racing
industry has a history of animal abuse going back well over a half century, and
this is why it is currently banned in 40 states. He added it is not only America that looks on
commercial greyhound racing with disdain; many other countries are taking
action as well. The State of South Wales
in Australia very recently passed a law banning all commercial greyhound racing
which meant that the 34 commercial tracks have to go out of business within the
next month. His research and personal
experience has shown him that the greyhound racing industry rarely or never does
anything to improve the welfare of racing greyhounds until the cover has been
pulled off their operation and the various activities are exposed to the light
of day. He added this was true when they
used live baiting and it was true regarding the routine practice of killing
dogs before adoption took place; they had to be embarrassed into it by the
media. He concluded stating that
comprehensive injury reporting is very important because wherever it has been
implemented, the number of greyhounds that are put down because of simple
injuries are not put down anymore because those injuries are repaired.
Sandra Boylston, 105 Ventura Drive,
addressed the Board and said she has been a resident of Seminole County for 35
years. She remarked she cares about all
dogs and was aware of the Sanford Orlando Kennel Club, but was completely
unaware of what went on in the kennels or at the tracks until she recently
received an email from the Humane Society of the United States. She then signed up to collect signatures for
the Greyhound Protection Act. She stated
that she and many others would be overjoyed to see the Greyhound Protection Act
passed.
Kate MacFall, Florida State Director of the
Humane Society of the United States (HSUS), addressed the Board and stated they
work to protect animals, companion animals and wildlife, throughout the
state. It is her understanding that
there is some pushback on the Greyhound Protection Act from Animal
Control/Animal Services. She noted that
this is not intended to be an onerous task to add to their workload
considerably at all; it seems to be very doable. She said the HSUS supports the incredible
work from Animal Control Officers and Animal Services consistently; they
provide a valuable service to communities, and hopefully they can all work
together.
Chairman Horan questioned whether the HSUS
has lobbied the State or proposed any legislation or rules at the state level
to adopt the exact provisions that are being proposed here. Ms. MacFall advised she is a registered lobbyist
for HSUS and they have proposed rules that would require reporting on the
injury of these animals. Upon further
inquiry, Ms. MacFall replied she did testify last week in Tallahassee regarding
this issue. Chairman Horan wondered
whether HSUS has asked the State to adopt this particular provision of
reporting greyhound injuries and Ms. MacFall responded yes.
Suzann McAlister, 610 Fellowship Drive,
addressed the Board to say she has heard all the bad stories about dogs being
injured and put down, and she has also heard all the wonderful stories of
adoption. She is thankful that the track
does work with rescue groups to find homes for many of the dogs. However, as a resident, she wants to know all
the facts on all of the dogs. She wants
each dog licensed in Seminole County so they can track each dog, and the
facility to be licensed so it can be inspected by the County. She questioned since they have to license
their animals locally, why the greyhounds don’t have to be licensed
locally. When she was collecting
signatures, she could not tell residents that asked her how many dogs were
being adopted out and how many were being put down. She hopes that someday soon that information
will be available to all Seminole County residents.
Emily Bellairs, 430 Shady Woods Road,
addressed the Board to voice her support.
She has lived in Seminole County for 17 years and volunteered with her
son to collect signatures. She advised
that most residents who signed the petition had assumed that the four requests
in the ballot initiative were already implemented in this county. One of the residents who signed the petition
stated he did not care about the greyhounds; however, he strongly believes in
giving the people their right to vote.
She believes in transparency and wants to know what goes on in the
facility.
Bryan Wilson, 702 Heather Lane, addressed
the Board and noted there were more than 14,000 voters across the county that
signed the petition so they would have a voice for transparency. He stated that every year he and his wife
travel to Tallahassee for Humane Lobby Day and every year one of the chief
concerns is greyhound injury reporting and greyhound decoupling, which is
separating greyhound racing from the other forms of gambling, and every year
the session ends without anything going forward at the state level. When they had the opportunity to do this at
the county level, they grabbed it with both hands and they are not letting it
go.
Michelle Renee Vaisey, 1396 White Oak
Drive, addressed the Board and explained that she is a hair stylist and they
are covered by a state board, and they know the State can walk in at any time
and if things are not done properly, they can get fined. She believes inspections of the racing
industry are very important. She added
that this is a chance for Seminole County to lead by example. She then read a poem about a greyhound
racer.
Mary Stewart, 1375 Shady Knoll Court,
addressed the Board and said her question is why the Sanford Orlando Kennel
Club would have any issue with what they are trying to accomplish through the
Greyhound Protection Act and why they would not want to disclose the number of
injuries that occur at the track. She
added they already keep this information so it would not be a hardship to make
that information public. She has adopted
multiple greyhounds from that track and they came to her with broken tails,
broken teeth, broken toes, scars all over their back, and scared to death of
men. She would like to know what was
done to her dogs to cause these injuries.
She noted they also do not want to disclose where the dogs go after they
leave the track and this is very important information to have. She noted they say on their website that
there is a 100% adoption rate, and she said if that is true, that is
wonderful. She questioned why they would
not want to license the dogs because there is a very minimal fee involved. She opined what they will be more concerned
about is the fact that there would be random, periodic inspections, and she
asked the Board to vote in favor of the dogs.
Mitch Cohen, 940 West Canton Avenue,
addressed the Board stating he is the general manager of the Orlando Sanford
Kennel Club. He read a statement
(received and filed) into the record which is in opposition to the Greyhound
Protection Act.
Commissioner Carey questioned whether they
require any of the owners or trainers to report incidents that occur in their
kennels to OSKC management. Mr. Cohen
advised they do and they have an on-track, full-time veterinarian that keeps
track of everything. Commissioner Carey
confirmed that the trainers and owners are not employing their own vet and are
using the one from the track. After
further inquiry, Commissioner Carey stated then they have one veterinarian
overseeing 620 dogs.
Commissioner Carey wondered what the harm
would be in reporting if they only had 2 incidents out of 53,000 starts where
they had to euthanize the dogs. Mr.
Cohen responded that they are already highly regulated by the State. She then asked if they are required to report
that to the State, and Mr. Cohen replied they are. Commissioner Carey then questioned whether
they are required to report to the State if the dog is taken away from the
track and then the decision is made to put the dog down because it was injured
so badly. Mr. Cohen advised that would
also be reported to the State. Chairman
Horan confirmed that any dog that is euthanized must be reported but the
injuries do not. He asked what would be
the problem of reporting the injuries that require care to the State. Mr. Cohen said if the State would implement
an injury policy, they would be on board with that.
Commissioner Dallari stated that Mr. Cohen
said that they keep track of the injuries.
He asked what the issue is in sharing that information. Mr. Cohen repeated that they are regulated by
the State, so if the State implemented the laws that asked them to share this
information, they would. Commissioner
Dallari confirmed they do keep track of the injuries. Commissioner Carey stated that it would not
really be a burden if the Ordinance passes because they are already collecting
the information; they are just not sharing the information. Mr. Cohen explained there would be an added
cost on their kennels in regard to licensing, which would be their biggest
burden. He responded to Commissioner
Dallari that they do have a form for recording injuries. Chairman Horan noted that the veterinarian
would be required to keep some kind of medical records concerning the treatment
of the dogs and asked what the problem would be with sharing that. Mr. Cohen reiterated that if the State
required the reporting of injuries, they would have no issue with reporting
injuries. He added they feel they should
be under the same umbrella as the other racetracks in the state of
Florida.
Upon inquiry by Chairman Horan, Mr. Cohen
advised they run 5 days a week; 30 races on Fridays and Saturdays, and 15 races
Monday, Wednesday and Thursday. Chairman
Horan then inquired how many dogs in a week, on average, would get hurt that
require treatment. Mr. Cohen noted that
they have multiple weeks where they don’t have any dogs get hurt. He added that the vet will look at the dog
for any scrape or scratch, and if the vet looks at a dog, he will keep a record
of it. Track safety is paramount to
them. He added that owners and trainers
love their dogs like family, and they want what is best for the dogs.
Commissioner Carey stated if they don’t
have a lot of injuries and they are keeping track of the injuries anyway, if
the Ordinance is adopted, it should be pretty easy for them to comply with
that. Mr. Cohen expressed that it puts
an unnecessary burden on the people that work at the kennels in regard to
licensing at a county level. Upon
inquiry by Commissioner Carey, Mr. Cohen stated it is $2.00 to get into the
clubhouse and people get a free racing program; they do not charge anything to
get into the grandstands but they do sell the racing programs. They simulcast other horse races from around
the country and they sell programs for those tracks. Also, they have a full operating kitchen and
are open six days a week.
Mr. Cohen stated that Penn National owns 28
properties around the country and the Sanford Orlando track would not still be
in business if they were not treating the dogs right because they would not
want to jeopardize any licenses on their part.
Also, he said they would not be operating if they were not making a
profit. Commissioner Carey asked how
many dog tracks in Florida are owned by Penn National, and Mr. Cohen replied
that just the SOKC is.
Mr. Cohen mentioned that in the PowerPoint
presentation that Mr. Theil presented, a lot of that information was from 2006
through 2010, and Penn Gaming did not take over the track until after that, and
that is when they started implementing a safety lure and safety rails and
working with local adoption groups and the no-kill policy.
Commissioner Carey asked that Mr. Cohen
speak on the no-kill policy. Mr. Cohen
stated they do not put dogs down and the 2 dogs that had to be euthanized out
of 53,000 starts was due to the injuries being catastrophic; they had no
choice. They have invested a lot of
money into the adoption programs. They
do what it takes to save the greyhound’s life.
He stated that he, along with the owners and trainers and adoption
groups they work with, all chip in to take the dogs to the best vets in the
area, and they work to rehab the dog and adopt the dog out. Commissioner Carey confirmed that Dr. Olson
is the only one that sees the dogs at the track, and the owners and the track
provides other medical services with whomever they choose.
Jeff Kottkamp, on behalf of the Florida
Greyhound Association, addressed the Board to speak in opposition to the
Greyhound Protection Act. He advised
this association is comprised of 3,000 dog owners and trainers across
Florida. He explained he is an AV-rated
lawyer and has been licensed in Florida for 28 years. He said he had the privilege to serve in the
Florida House of Representatives. During
that time, he passed an animal cruelty bill that became the law in the state of
Florida. As Lieutenant Governor, he
worked closely on the compact with the Seminole Tribe. He explained he mentioned that to let them
know he is intimately familiar with the state law with respect to pari-mutuels,
greyhound racing, and animal cruelty. He
added he is a dog owner himself and supports Pets Alive out of Tallahassee,
whose goal is to make every shelter in Florida a no-kill shelter.
Mr. Kottkamp stated he agrees with the
County Attorney’s Office because he does not think there is any question that
the greyhound industry in Florida is a heavily regulated industry. He added the statute says that the Division
shall regulate it, it is not an option; and that they shall have uniform rules
throughout the state, not just in how the track is operated but in how the
animals are treated. The statute also
regulates how every greyhound in Florida is treated. He advised that anybody that mistreats a
greyhound animal at a track can be banned from the track and they are banned
from tracks. There are regulators that
act on complaints every day to make sure that these beautiful, majestic racing
animals are treated well. He opined that
this track in Seminole County has to be one of the best in the country; it is
very well operated.
Mr. Kottkamp noted that they have heard
from people that are passionate about this and believes it is well-intended
from the perspective of the citizens of Seminole County. He opined that GREY2K wants to put this track
out of business, which will lead to the unemployment of hundreds of people,
have an impact on this economy, and he doesn’t feel they have been honest with
the citizens that have been here testifying before them today. They care about the animals; they are not
here necessarily to support putting the track out of business, but that is the
goal of GREY2K. He stated that frankly,
they have had issues with the GREY2K organization in Tallahassee. They have tried to pass a bill to not just
report injuries, but to prevent them, to require certain steps be taken at
tracks across Florida so that these dogs don’t have racing injuries at
all. And, for whatever reason, they have
opposed those efforts at GREY2K.
Mr. Kottkamp noted that he loves when
citizens come to tell government what they want, but he does not think any of
them have been to the track. They are
testifying based purely on what they have been told.
Mr. Kottkamp stated this most certainly is
an industry in a regulatory sense that is pre-empted by the State. When you look at the totality of the state
regulation, this is not Seminole County’s fight. He stated he loves animals and dogs as much
as everybody that stood up and testified today, and this is not a rejection of
their concerns. He opined they have been
put on the bandwagon of something that really isn’t a decision to be made at
the county level. He added he has great
respect for these citizens and he knows that the Board does, but somebody needs
to tell them the honest truth. This is a
decision that has to be decided at the state level because the State cannot
have 10 different counties with 10 different licensing standards and 10
different regulatory standards in a statewide industry. He added that as Commissioner Constantine
knows, this is a very complicated area, and if they start to have different
counties with different regulatory schemes and licensing schemes, it would make
it virtually impossible to ever bring this in for a landing.
Commissioner Carey inquired as to whether
the State inspects the track facility as part of their regulation. Mr. Kottkamp replied that not only do they
inspect the tracks regularly, they act on complaints, which brings even more
inspections. He added there are people
there from the state when the races are run, and reiterated there is very heavy
regulation of this industry.
Commissioner Carey asked when a citizen
complains about abuse or mistreatment of an animal at a track, which spurs an
investigation, whether that person is then contacted with the result of what
the investigation concluded. Mr.
Kottkamp responded that he does not know the answer to the question because he
has only been on the regulatory side.
Commissioner Carey pointed out that is part of the issue, people just
want to understand what is happening if there is an injury. She added they can encourage the State to do
rulemaking that would require them to get this information and make it
available to the public, but it doesn’t sound like they have been interested in
doing that over a period of time. It is
not just the people who are here testifying today. She noted that collecting 14,000 signatures
in a county this size is a pretty tough thing to do in a set period of time,
and it is because people are passionate about animals like many here. Maybe there is some encouragement to do that
if one track has to start doing it or if tracks in other parts of the state
have to do it because it is adopted by other people, then there would be one
level playing field for everyone. Mr.
Kottkamp advised there is a current rule on the treatment of greyhounds and
animal welfare, and it is a very specific and detailed rule. Chairman Horan asked Mr. Applegate to provide
the Board with a copy of the rule. Mr.
Kottkamp stated if this was just about animal welfare, everybody would support
it, but it is not just about that. The
out-of-state groups want to put these tracks out of business and that is where
it gets complicated.
Chairman Horan expressed that the only issue they are worried about is
if there are dogs being mistreated in this county. He said he believes they have the authority
that if someone complains about a greyhound being mistreated, their Animal
Control people can actually investigate.
Ms. Guillet advised they do have the authority to investigate animal
cruelty complaints. They typically work
with other agencies like law enforcement.
In this case, it would be a state agency. They don’t always take the lead but they do
have the ability to do that.
Chairman Horan noted he was just handed a transcript. (State of Florida, Department of Business and
Professional Regulation, Division of Pari-Mutuel Wagering, Rule Workshop for
Rule 61D-2.023 transcript was received and filed.) He read some of the testimony by Mr. Theil
who spoke in support of greyhound injury reporting. He opined the issue here is not necessarily
that a lot of injuries are occurring.
The problem is in terms of the strategy and tactics of the two sides
warring about whether greyhound racing should be allowed or not allowed. At any sporting event, whether it is an
animal or a human being, there are going to be injuries. So what might be normal injuries that occur
to these greyhounds, he said their concern may be that this may provide some
kind of evidence or ammunition for the other side. He stated if you have 200 races per week and
there are truly few injuries that require that much treatment by Dr. Olson,
there can’t really be all that many injuries with that many dogs and only one
veterinarian. He sees no problem at the
state level in allowing this because it would be part of the process. The transparency would be there and then part
of the process is that the other side would say that is normal. Injuries occur at high school football games
and in every sport, in horse racing, etc.
Mr. Kottkamp explained that as an organization, they have a
zero-tolerance policy for anybody that harms a racing greyhound. They are expelled from the organization and
they are not allowed to race at the tracks.
As he said before, if the motivation behind all of this is simply for
the greyhounds, they would support that.
But the motivation, frankly, is to put these people out of business, to
put 3,000 people out of work. He stated
they know this because when they proposed legislation to not just report
injuries, but prevent them with three simple steps: safe racing conditions, breakaway lures, and
making sure all electrical wires are not exposed, GREY2K opposed it. He reiterated that this is not the County’s fight,
and it has to be hashed out in Tallahassee.
Carol Becker Rizzo, President of God’s “Greyts” Greyhound Group in
Orlando, addressed the Board and stated they are a 501(c)(3) non-profit
group. She has been involved with
greyhound adoptions since 1994. In the 9
years with God’s “Greyts” Greyhounds, she has placed more than 1,300 greyhounds
from the Sanford Orlando Kennel Club into adoption. She said 5 years prior to that, she
co-founded Gold Coast Greyhound Adoptions here in Orlando and helped to place
another 1,000 dogs through that organization.
She is allowed to enter the kennel compound where these dogs are housed
and she typically visits two to three times a week to take retired dogs home,
take photos, or just see what dogs are available. She has been doing this for 14 years at the
SOKC. She pointed out that she sees
firsthand how these dogs are kept and treated.
She can say with absolute certainty that no healthy dogs are euthanized
at Sanford Orlando. In the past 14
years, she said conditions have improved dramatically for these dogs, and with
the takeover by Penn National Gaming, things have gotten even better. It was not always this way. She explained that even just 10 years ago,
healthy dogs were being put down because there was simply not enough adoption
options for them, and the management at that time simply put no importance on
it. She noted it is no wonder that dog
tracks, in general, got a bad reputation.
Ms. Rizzo stated she is also a greyhound adopter and a fierce dog
lover. The situation at Sanford Orlando
is much different now. Now every dog
gets taken in by an adoption group and eventually gets a home, even the injured
ones. The trainers at Sanford Orlando
love their dogs and it shows in the way that they treat them. She advised the dogs have thick carpets to
lie on in roomy crates, much larger than what Carey Theil reported. The crates are bigger than the crates in many
of their adoption kennels. The trainers
often give their dogs bones and biscuits to help clean their teeth. They are in good condition and at healthy
weights. Vaccines are meticulously kept
up to date, and she said she knows that because she sees their vaccine
certificates when she takes them. They
are fed good food with a lot of supplements, and they are turned out 3 to 4
times a day, for 15 to 20 minutes each time.
She expressed it is hurtful to these trainers to have false information
being spread by people who have never seen how these dogs are cared for.
Ms. Rizzo stated Sanford Orlando has an extremely caring and capable
veterinarian on staff, Bruce Olson, who is on call 24/7 and he is also a very
helpful resource to the adoption groups and freely shares his expertise with
them. She typically speaks with him
three or four times a week and he makes himself available to adoption groups
anytime for advice. If a dog gets hurt
racing or in a kennel, it is treated right away, and if the injury is deemed
surgically fixable, she or one of her other colleagues from the other four
greyhound adoption groups in Orlando immediately make arrangements with their
veterinary clinics to get the dog in right away. She pointed out the clinic they use is open
24/7. She noted that no injured dog
languishes waiting for help at Sanford Orlando with Penn National Gaming at the
helm.
Ms. Rizzo asserted the adoption event program put into place by Penn
National Gaming at Sanford Orlando is first rate. They are constantly running adoption events
at the dog track and have donated hundreds of thousands of dollars over the years
to adoption groups to assist them with their costs. She said she has traveled all over the
country and visited many other dog tracks, and few of them can compare to the
program here at Sanford Orlando for greyhound adoption. The current manager, Mitch Cohen, has gone
above and beyond to help adoption groups and often seeks their advice for ways
to improve the process of moving retired dogs.
Ms. Rizzo stated she wanted to rebut some of the comments because she
has inside knowledge of how the dogs are being kept. The meat that they are fed does not make them
sick; if they were sick they would be unable to race and could not make any
money for their owner. She advised the
meat is healthy meat that is mixed in with regular kibble and they get a lot of
supplements.
Ms. Rizzo explained the dogs at Sanford Orlando are just visiting
here. They are owned by people who live
in other counties or other states, so to try and license a dog here for maybe
just the two weeks they are here to see if they can possibly even race, seems
ridiculous to her and a big waste of not only the dog track’s time and energy
and money, but for county staff also.
They would need to process all the applications and there would be
thousands of them.
Ms. Rizzo concluded by saying adoption groups are required to report
to Sanford Orlando each month which dogs they take and where they went, whether
its locally in Orlando or to another adoption group in another town or state.
Commissioner Carey stated all the citizens are asking for is to make
available to the public the information on the injuries and the disposition of
the dogs, and the tracks already keep that information. Ms. Rizzo responded that she does not have a
problem with that and she believes it is a good idea. She added as the Board has heard, SOKC
doesn’t have a problem with that either, but the licensing is bundled into
that, and that doesn’t make sense for this particular position.
Commissioner Carey confirmed with Ms. Guillet that the licensing would
only be required for dogs that are here longer than 30 days. Mr. Guillet advised that dog owners have 30
days to license a dog after bringing it to the county. Commissioner Carey questioned whether the
industry is still seasonal, and Ms. Rizzo advised that many of the dog tracks
do close seasonally, but Sanford Orlando does not.
Alastair Grant, a kennel owner, addressed the Board and noted he
resides in the county. He stated he
knows how he treats his dogs and he has heard people say that they have never
been to the kennels or a track, but this is what they have heard. He added that it infuriates him. If he mistreated his dogs or didn’t feed them
right, they wouldn’t run and he wouldn’t make any money, which doesn’t make any
sense. He expressed that this is not
about the dogs; this is about the organization against racing wanting to close
them down. He said this is America and
he has the right to make a living. They
are under strict regulation from the State, and they get inspected often. In fact, his kennel was inspected twice last
week. They have to keep a log of the
dogs, where they came from, and the owner of the dog. If the inspectors ask and he does not tell
them where the dog is, he would lose his license.
Mr. Grant stated he does not understand why he has to be under the
strict scrutiny of the State, and also at the county level, and would need to
get another license. He opined that
makes no sense. He noted as far as
injuries are concerned, he does not have a problem reporting injuries, but it
needs to come from a state level with guidelines because what would be
classified as an injury. Is it a
race-ending injury, is it a toenail, if he takes a dog off for a rest, would
that be classified as an injury. He
believes they would take a rested dog as an injury and pad their stats with
it. He explained that he raced in Texas,
and the same thing happened there. They
lumped all the injuries together, like a bad toe that heals in a few weeks, and
they classified it as a race-ending injury.
He actually had a dog that they said had died, and it was racing three
weeks later. He stated these
organizations are not entirely truthful with people, and he has been through
this for 30 years. He reiterated they
just want to shut them down, and he doesn’t need the burden of another license
fee on him. Do they realize how much it
would cost him to get licenses on 80 dogs?
He confirmed with Ms. Guillet that it would be $25 times 80. He said that is what they would impose on
him, which is not fair when he has to pay the State; it is paying something
twice.
Mr. Grant pointed out that he is a dog lover and has pets too, and if
any of the residents would like to follow him to his kennel right now after the
hearing, he would be glad to take them to see how these dogs are living and are
treated. He added he has nothing to
hide. He is angry that people are making
accusations, and they have already stated they have never been to a racetrack
and they have never been to a kennel, so how do they know. It is what they have been told.
Mr. Grant stated he does not understand why the county would be
involved with the licensing.
Commissioner Carey noted in the proposed Ordinance, it defines an
injury as those incurred while racing in the county in official and schooling
races. Mr. Applegate advised they raised
the issue in the complaint that that definition is vague because it does not
define what type of injury. Commissioner
Carey repeated it is any injury that occurs during an official race or schooling
race. She added she wanted Mr. Grant to
know that this does include a definition for injury and for disposition. Mr. Grant asked whether he would have to
report as an injury if, for example, he put a dog on rest for two weeks due to
a slight sprain. Commissioner Carey read
the definition aloud and Chairman Horan stated for the record they are talking
about the Ordinance as presented in the petition, which was not drafted by the
County. Mr. Grant clarified that he has
to give the track a reason for resting a dog and if he says it is a minor
sprain, he would have to report that as an injury. Mr. Grant asserted that the only thing he has
a problem with on the ballot initiative is the license fee.
Commissioner Carey confirmed with Mr. Applegate that if they adopted
this particular Ordinance, it would have to be adopted as presented and that no
changes could be made to it for a year.
Mr. Applegate added it would take effect March 1, 2017, so it could not
be amended per the Charter requirement until March 1, 2018. Commissioner Carey inquired if the State
imposes rules before March 1, then what happens. Mr. Applegate stated his Office’s position is
that they are pre-empted, and he thinks the more rules that the State adopts,
the more the argument becomes that they are pre-empted and should just let the
State regulate.
Edward Bolton, 20221 Sugarloaf Mountain Road, addressed the Board
stating he lives in Clermont but owns some businesses and homes in Seminole
County. He added he taught school in
this county for over 38 years. Over the
last few years, he bought greyhounds and now owns a kennel at Sanford Orlando
Kennel Club. He stated he wants to
assure everyone that he would certainly not be in this business if he felt that
there was any way that this business was detrimental to the dogs. These dogs love running and he loves watching
them run. They give them very high
quality care and if he found anyone that was not doing that, he would turn them
in in a heartbeat.
Mr. Bolton stated the biggest problem here is that everybody on both sides
really cares about the greyhounds. He
thinks that the real problem is that they cannot find some kind of common
ground. What they do not agree on is the
fact that most of the people that are anti-racing are misinformed about what is
happening. For instance, he said, he has
a couple negative quotes from the newspaper and he read those aloud. He expressed that these statements alone show
that those quoted are truly misinformed.
His kennel greyhounds are turned out several times a day, and the ones living
in his home, just love lying around on couches a lot of the time. He said he thinks the problem is the
misinformation being spread around by GREY2K.
He noted that all the things they presented today are 10 years old, and
things today are much different.
James Lax, 1514 Grace Lake Circle, addressed the Board and said he
thinks they all agree that they all share a love for the animals. He stated he owns a greyhound and these
animals are God’s second fastest creation; only the cheetah is faster than a
greyhound. These animals were created to
run. Every racing greyhound has a
healthcare and a dental plan, a nutritionist that provides a highly controlled
and regulated diet, a physical therapist, and a personal trainer. Every racing greyhound receives a monthly
pedicure and they are retired on average within 54 months of their birth. He opined it is a lifestyle that most humans
would be envious of.
Mr. Lax pointed out that the behavior of these animals before and
after the race is that they are happy; their tails are wagging, they are
excited, and they do what they do best.
They run, they compete, and they chase.
The State presently looks after the welfare of these wonderful animals,
so why add another layer of bureaucracy to a protocol that continues to protect
the best interest of these wonderful pets.
Chairman Horan submitted Written Comment Forms from Lydia Ramsay,
Moshe Ramsay, and Sandra Dash into the record.
With regard to public participation, no one else in the audience spoke
in support or in opposition and public input was closed.
Speaker Request Forms were received and filed.
Commissioner Constantine noted in the proposed Ordinance, it does not
say anything about the cost of the license.
He confirmed with Mr. Applegate the only place a license fee is
specified is in the County’s Ordinance regarding the licensing of animals. He asked because they cannot change the
proposed Ordinance for a year, whether they could choose to have a second
category of licensing costs based upon how much they think this program might
cost them. Mr. Applegate affirmed they
could. Commissioner Carey questioned if
it was a racing greyhound, whether they could have no fee associated with that
and just have a registration, and Mr. Applegate replied yes, they could. Commissioner Constantine opined he does not
feel that injury reporting is an undue burden, but if they feel that the
licensure might be a burden, they can adjust that. He believes the dogs, even though treated as
commodities, still deserve protection. He
said he will use Jeff Kottkamp’s words in a story he wrote today for The Sentinel, “In a statewide poll
conducted in 2015, an overwhelming 77% of those surveyed said tracks should
make safety improvements that would reduce injuries and the deaths of racing
greyhounds.” He remarked they have an
opportunity to send a message. He
relayed a story about the Mutt Derby from when he was young, and then said this
is not against dog racing. The racing
industry has been in Florida for more than 80 years, and if they want to keep
this industry, he thinks it is important they ensure those dogs are protected
and that there is transparency.
Commissioner Constantine quoted Gandhi, “The greatness of a nation and
its world progress can be judged by the way its animals are treated.”
Commissioner Carey stated she does not believe that the owners,
trainers and others are mistreating the animals, so she does not believe this
is about the mistreatment of animals.
She agrees that greyhounds are bred to run just like thoroughbreds are
bred to run. She thinks they have an
opportunity to adopt this Ordinance as it is presented today without going
through the voter process, or the other option is to put it on the ballot. She agrees with Commissioner Constantine that
she thinks it would overwhelmingly pass because you are limited to 75 words
about how you can describe it. She
opined no one will understand it; they will think it is just about the
dogs. She thinks the definition for
injuries and disposition is pretty clear in the petition that has been
citizen-driven. She commended all the
citizens who stood out in the rain and the sun and got the signatures because
getting 14,000 signatures to put something on the ballot is quite an accomplishment
and they should be proud to know they have all worked hard for this. She thinks they do have an opportunity to set
an example once again here in Seminole County.
She knows that since Penn National has come into the community, they
have been community partners on things that have nothing to do with greyhounds
like Boy Scouts and other things like that.
Also, the information presented by the person from Massachusetts as well
as all the information she received in advance and the research she did indicates
that incidents at the track have been greatly reduced.
Commissioner Dallari stated he has a couple of friends that have
greyhounds and found them to be very loving and tender animals. He sees no issue about having injury
reporting and believes the issue is the fee structure for licensing. He agrees that this can be done separately as
has been stated. He does not want to put
an unfair financial burden on the trainers or the owners of the dogs. He does believe in protecting the animals and
he commended anyone who stood out there on any day to get signatures because it
is not an easy task. He believes in
transparency and gives the citizens a lot of credit for bringing this issue to
the forefront.
Chairman Horan reiterated the sentiments of the members of the
Board. He added that what was most
telling to him is the fact that the injury reports are already being kept by
the racetracks, and the primary goal is to make those injury reports public
record. He explained that the legal
advice he has received is that they are pre-empted, so if they had a decision
from the Court that said the County is not pre-empted and could regulate in
this particular area, his inclination would be to adopt the Ordinance. The Chairman stated because of that legal advice
and because this is subject to pending litigation, he prefers to continue this
matter to a date and time certain, which would be August 23.
Commissioner Carey reiterated her reasoning in support of the
Ordinance.
Motion
by Commissioner Carey, seconded by Commissioner Constantine, to adopt Ordinance
#2016-26 amending Chapter 20, Animals and Fowl, of the Seminole County Code,
establishing licensing and reporting requirements for greyhound racing kennels
and racing dogs, dismiss the lawsuit, and authorize staff to codify this into
the County Ordinance, and develop associated administrative fee structures for
consideration by the Board prior to the Ordinance taking effect on March 1,
2017; GREY2K USA Worldwide, Inc. and the Committee to Protect Greyhounds, et
al, Petitioners.
Districts 1, 3, 4 and 5 voted AYE.
Chairman Horan voted NAY.
Upon inquiry by Chairman Horan, Mr.
Applegate advised they will have a Voluntary Dismissal filed probably today or
no later than tomorrow morning.
Commissioner Carey suggested they ask their
lobbyist and their folks in Tallahassee to work with the Legislature to try to
get rules that would make it transparent across the state. She said she knows most of their legislators
are compassionate about animals, and if the tracks are already doing this
recordkeeping, this should be pretty easy.
And if everything they have heard here today is accurate, it would show
that there is no abuse going on at the track.
Once these dogs race and have had their life of racing, they are then
adopted into loving homes, as stated here earlier by Ms. Rizzo, who has adopted
out thousands of dogs during her time just at this track. She added she thinks if they are going to
take this action to show the leadership once again in this county that they
should show leadership at the state level by trying to assist in getting this
to be a statewide regulation.
Commissioner Dallari and Chairman Horan indicated agreement. The
Board voiced no objections.
Commissioner Constantine opined there will be a great deal of
discussion about what they did here today when Tallahassee is doing this
rulemaking, and hopefully it will make an effect. Commissioner Carey noted there was a lot of
great public testimony here from both sides today that may not occur in Tallahassee,
and she thinks it is probably more one-sided than the other up there
historically on this particular issue.
Hopefully, their legislators will take the opportunity to watch the
discussion that occurred this afternoon and take it to heart.
-------
Chairman Horan recessed the meeting at 4:20 p.m.; reconvening at 4:25
p.m.
ITEMS FOR FUTURE AGENDA
Diana Rossano, 205 Manor Avenue, addressed
the Board in regard to fluoride being added to the water. She stated that fluorine is naturally found
in water in miniscule amounts, but today in Seminole County, fluoroacetic acid
is added to their water, which is a waste product from the industrial
world. They are putting it in the water
rather than recycling it, so their bodies are the recyclers. In July 2008, Seminole County announced it
would stop adding fluoride into the water, and it never happened; they still
have the “unnatural choice” of fluoride in the water. She said she would like to propose that
Seminole County save money by rejecting fluoroacetic acid and helping not only
the cost and reducing that in the water, but it will also help the employee who
has to administer the fluoroacetic acid, because if that person touches it,
they can be deathly sick or die. She
would like this added to the agenda to be discussed or find out the protocol in
order to get this on a ballot.
Chairman Horan noted the Environmental
Services Director is Carol Hunter, and he asked that she direct this to the
County Manager who can advise her. Ms.
Guillet asked her to give the Deputy County Manager her contact information.
DISTRICT COMMISSIONERS REPORTS
District 5
Commissioner Carey reported that at the
Orlando Sanford International Airport, domestic travel is up 12% this year over
last year, international travel is up 26%, which is really great news because
it had languished for a while, and year-to-date passengers are 169,000 over
last year, and they are almost at the 1.7 million mark for total passengers
year to date. Allegiant also announced
non-stop flights to Trenton, New Jersey beginning November 3, and to San Juan,
Puerto Rico beginning December 14, bringing the total number of non-stop
destinations offered by Allegiant from Orlando Sanford International to
71.
Commissioner Carey stated several of the
Commissioners were there for the groundbreaking event they had on August
4. Allegiant is building its east coast
training facility and will employ over 30 full-time employees. They are building a 43,000-square-foot
facility at a cost of over $20 million.
She advised it has simulators and many other things for training
pilots. In addition, they are forecasted
to train 150 pilots a year, 500 flight attendants, and 100 mechanics. She pointed out that Allegiant is making a
huge economic impact in this county, and she knows many people enjoy the
convenience of flying in and out of the Orlando Sanford International Airport
compared to Orlando’s airport.
District 1
Commissioner Dallari stated Ms. Elizabeth
“Libby” Harper worked 25 years as a volunteer from 1981 to 2006 for the Friends
of the Library. She retired when she was
85 years old and is now turning 95 years old.
He asked for approval of the Resolution of appreciation.
Motion
by Commissioner Dallari, seconded by Commissioner Constantine, to approve
and authorize the Chairman to execute appropriate Resolution #2016-R-126 in
appreciation of Elizabeth “Libby” Harper for her 25 years of service to the
Friends of the Library.
Districts 1, 2, 3, 4 and 5 voted AYE.
District 3
Commissioner Constantine stated on August
15, the Wekiva River Basin Commission will be meeting. They will be discussing the request for an
air quality study by the Department of Environmental Protection and the
Department of Health for the rest areas on I-4 in Seminole County.
District 4
Commissioner Henley advised that the Lynx
board authorized the new CEO to negotiate the purchase of 6.45 acres adjacent
to the new petro fueling area. When they
were negotiating the contract with Nopetro to furnish the natural gas for that
property to give them first right of refusal, the board voted to go ahead and
buy it because they don’t have enough room for all the new buses that were
bought. He added they should be closing
on that in the next two to three weeks.
CHAIRMAN’S REPORT
Chairman Horan reported they hosted the
Florida Community Development Association here on July 27.
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On August 5, the Chairman said he attended the Central Florida
Commission on Homelessness (CFCH) Executive Committee meeting. The governmental representatives include
Osceola, Orange and Seminole counties and the cities of Orlando, Kissimmee, and
Sanford. He advised they will receive
the report on governance on August 17.
Then the full board of CFCH will meet on August 24 to act on the
governance recommendations that were presented, as directed by the governmental
representatives from the August 17th meeting.
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Chairman Horan announced they received the
School Board’s first Governmental Leadership Award, and he said it was a great
conference.
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Chairman Horan stated they received a
letter from Ray Valdes, Seminole County Tax Collector, indicating they will be
getting a check for $5.2 million.
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Chairman Horan noted he also received a
letter from an organization called the Society of Saint Pius X about an event
occurring tomorrow night. The murder of
the French priest by terrorists in Paris had been reported in the news. He advised the St. Thomas More Catholic
Church is going to have a requiem mass in memorial for Father Jacques Hamel,
who was slain in his church. It will be
held on August 10 at 6:00 p.m. at St. Thomas More Church in Sanford.
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Chairman Horan said they received a letter
from Mayor Dyer thanking them for the assistance of all of the Seminole County
Emergency Management Fire and Law Enforcement in the wake of the Pulse
tragedy.
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Chairman Horan advised that in light of the
tragic events and gun violence that occurs, a law was passed and it goes into
effect on October 1st. The
Public Servant Protection Act basically criminalizes threats of death or
seriously bodily harm made against law enforcement officers, state attorneys,
firefighters, judges, elected officials, and the families of these particular
public servants.
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Commissioner Carey stated they have a
Seminole County Task Force meeting of the homelessness group coming up on
Friday and immediately following that, a meeting with Congressman Mica to talk
about funding on the Zika issue.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Letter dated July 19, 2016, from Congressman
John Mica to Commissioner Horan re: update to address federal failures that
occurred prior to the Orlando terrorist tragedy.
2.
Letter dated July 22, 2016, from City of
Orlando Mayor, Buddy Dyer, to Commissioner Horan thanking him for his letter of
support for the Pulse tragedy.
3.
Letter dated July 26, 2016, from Traci
Houchin, CMC, Deputy City Clerk, City of Sanford, Notice of Public Hearings re:
reading and adoption of Ordinance No. 4386, annexation of 9.87 acres between
Rand Yard Road and Narcissus Ave. and between Rand Yard Road and N. White Cedar
Road.
4.
Letter dated July 26, 2016, from Brian
Garrity, Chair, Achievement of Excellence in Procurement Award Committee, to
Chairman Horan re: advising that SC Purchasing Division earned the 2016 Annual
Achievement of Excellence in Procurement Award.
5.
Letter dated July 26, 2016, from Chairman
Horan, to Carolyn Flowers, Acting Administrator, Federal Transit Administration
re: FY 2016 Public Transportation Innovation Funding Opportunity: MOD Sandbox
Program.
6.
Notice of Public Hearing received July 28,
2016, from the City of Lake Mary re: Planning & Zoning Board meeting on
Tuesday, August 9, 2016, at 6:00 p.m.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 4:57 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
ks/tp