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HomeMy WebLinkAboutBOCC Minutes 01-26-2010 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 26, 2010 Convened: 9:00 a.m. Adjourned: 2:10 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovksy Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Beth Ryder, Community Services Director, Lauri Case, Utilities Director, Millie Delgado- Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 19, 2010 meeting. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held January 19, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-040 – “St. Lucie County Fire Fighter Appreciation Month” Consider staff recommendation to adopt Resolution No. 10-040 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-040, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 10-041 – “Earned Income Tax Credit (EITC) Awareness Day” Consider staff recommendation to adopt Resolution No. 10-041 as drafted. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 10-041, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Resolution No. 10-045-“Zora Neale Hurston Day” recognizing the 50 anniversary of the death of th the late Harlem Renaissance author Zora Neal Hurston on January 28, 1960. Consider staff recommendation to adopt Resolution No. 10-045 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-045, and; upon roll call, motion carried unanimously. D. An update was presented regarding the Green Collar Training Center by Rhonda Blakely, Workforce Solutions and Julian Nazario, Program Director Green Collar Task Force V. GENERAL PUBLIC COMMENT A representative from the Green Collar Task Force addressed the Board and thanked all those involved with the project and all the time donated. 1 Mr. Brian Sexton, area resident addressed the Board regarding the problems he has encountered with the Chinese Dry Wall situation. He advised the Board the built their home 3 years ago and are now displaced due to health concerns. He urged the Board to pass Resolution No. 10-036 and pressure the state to pass an act to assist the residents who are encountering this type of a problem. Com. Craft thanked Mr. Sexton for sharing his situation and advised him he has full support from the Board. VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Dzadovsky to approve the Consent Agenda, with the deletion of item 6-E-3 and to include the addition, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 17 The Board approved Warrant List No. 17. B. COUNTY ATTORNEY 1. Bear Point Mitigation Bank – Credit Purchase Agreement with Florida Power & Light Company The Board approved the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Florida Power & Light Company, and authorized the Chairman to sign the agreement. 2. Resolution No. 10-036 – Requesting the Governor of Florida to activate all available State and Local Emergency and Relief Resources and Mechanisms for the Benefit of Homeowners impacted by Defective or Reactive Drywall The Board approved adopting Resolution No. 10-036 as drafted. 3. Ordinance No. 10-012 – Pretreatment of Wastewater; Permission to Advertise The Board granted permission to Advertise Ordinance No. 10-012. 4. Permission to Advertise – Ordinance No. 10-013 Amending Chapter 1-16.2 (Public Property) to Establish Standards and Procedures for Sale of Neighborhood Stabilization Program (NSP) Properties The Board approved advertising proposed Ordinance No. 10-013 for public hearing on February 23, 2010, at 9:00 a.m. or as soon thereafter as may be heard. 5. Bear Point Mitigation Bank – Credit Purchase Agreement with Kiwi Partners, L.L.C. The Board approved the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Kiwi Partners, L.L.C., and authorized the Chairman to sign the agreement. C. PUBLIC WORKS 1. Lakewood Park Canal Control Structures; South Florida Water Management District (SFWMD) Amendment No. 2 – Grant Time Extension The Board approved Amendment No. 2 for time extension to Contract No. 4600000621 with South Florida Water Management District for Lakewood Park Canal Control Structures Stormwater Drainage and Water Quality Improvement project as outlined in the agenda memorandum and signature by the Chairman. The Public Works Director gave an update on this project per Com. Craft’s request. 2. Unsafe Structure, 2702 Essex Court, Ft. Pierce, FL 34946 2 The Board approved advertising a public hearing scheduled for April 6, 2010, as outlined in the agenda memorandum. D. SOLID WASTE Recycling of Cardboard The Board approved awarding Bid No. 09-070, Recycling of Cardboard from the St. Lucie County Solid Waste Baling and Recycling Facility to Waste Pro of Florida, Inc., and authorized the Chairman to sign the contract as approved by the County Attorney. E. MANAGEMENT AND BUDGET 1. Extension to Contract for Fire Sprinkler System Inspection, Testing and Maintenance The Board approved the second extension to Contract No. C06-04-408 with Life Safety Systems, Inc., extending the contract through and including April 10, 2011, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Amendment to Contract for the Purchase of Sign Posts, Sign Hardware and Sign Blanks The Board approved the second amendment to Contract No. C07-03-128 with Universal Signs and Accessories, extending the contract through and including March 12, 2011, and authorized the Chairman to sign documents as approved by the County Attorney. 3. Amendment to Contract for Processing and Recycling Services for Yard Trash, Landscape Debris and Land Clearing Debris Consider staff recommendation to approve of the first amendment to Contract No. C05- 02-096 with Thelin Recycling Company, L.P., extending the contract through and including March 31, 2013, and authorization for the Chairman to sign documents as approved by the County Attorney. Com. Coward addressed this item and expressed his concern with giving an 8 year contract without going through the bid process. He requested more information on this item and why this should be offered to this company. He requested action be delayed. Com. Dzadovsky addressed a previous presentation given before the Board and stated they may receive bids from other companies. He concurred with delaying this item. Com. Lewis requested receiving additional information and would not take action at this time. Com. Craft concurred with Com. Lewis’ request. 4. Assignment of Contract for the Processing of Waste Tires The Board approved the assignment of Contract No. C05-11-692 from Florida Tire Recycling, Inc. to Liberty Tire Recycling, and authorized the Chairman to sign documents as approved by the County Attorney. 5. Amendment to Contract for Residential Real Estate Title Services The Board approved the first amendment to Contract No. C09-04-204 with St. Lucie Title Services, Inc. extending the contract through and including April 27, 2011 and authorized the Chairman to sign documents as approved by the County Attorney. F. AIRPORT Wetland Mitigation Area Monitoring The Board approved the LPA Group Work Authorization No. 25 to provide consultant services for the second annual wetland mitigation area monitoring for a lump sum amount of $37,913.50 and authorized the Chairman to sign the document as approved by the County Attorney. G. GROWTH MANAGEMENT 3 Road Impact Fee Credit Agreement 10-001, Dogs and Cats Forever, Inc. The Board approved the Road Impact Fee Credit Agreement 10-001 and authorized the Chairman to sign document as approved by the County Attorney. H. COMMUNITY SERVICES 1. Acceptance of Federal Transit Administration (FTA) 5311 Operations Grant The Board approved acceptance of FTA 5311 Joint Participation Agreement with FDOT; approval of Budget Resolution 10-042 and sub agreement with Council on Aging of St. Lucie Inc; and authorized the Chairman to sign documents as approved by the County Attorney. 2. Acceptance of Transit Block Grant The Board approved acceptance of the Florida Department of Transportation Joint Participation Agreement Transit Block Grant; approval of Budget Resolution No. 10-043 and sub agreement with Council on Aging of St. Lucie, Inc.; and authorized the Chairman to sign documents as approved by the County Attorney. 3. Submission of Section 5317 New Freedom (NF) Application The Board approved submitting an application for the FTA Section 5317 grant and authorized the Chairman to sign documents as approved by the County Attorney. 4. Submission of Section 5316 Job Access Reverse Commute (JARC) Application The Board approved submitting an application for the FTA Section 5316 grant and authorized the Chairman to sign documents as approved by the County Attorney. I.INFORMATION TECHNOLOGY Addition to the Agenda 50k VA UPS System The Board approved the purchase of a 50k VA UPS System for 101 N. Rock Road office. The Board approved Budget Amendment # BA10-010 and Equipment Request # EQ10-020 in the amount of $46,200.00. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. There are no public hearings scheduled for January 26, 2010 END OF PUBLIC HEARINGS VIII. GROWTH MANAGEMENT Major Site Plan approval for The National Elephant Center Consider staff recommendation to approve adoption of Resolution No. 10-010, granting Major Site Plan approval for The National Elephant Center as outlined in the attached memorandum. Staff advised the Board they have received over 750+ e-mails from animal activist groups in opposition and 8 in support. Com. Coward requested the County Attorney provide guidance to the Board as to the level of discretion they have for the project before them. The County Attorney reviewed the Florida review of site plan law. All must be consistent with the Comp Plan and the Land Development Code. 4 The Code permits the Board to add reasonable conditions to a site plan to further affect the goals of the Comp Plan. Com. Coward commented on the access road. He stated the access is to the west into Okeechobee County and not St. Lucie County and he finds this odd. He asked if there were any alternatives available and asked what was the rational for this decision. The Growth Management Director stated this would not be a facility that would be opened to the public and this would be the most convenient access to the site and not encourage access to the public. The County Engineer addressed the road and stated this is an unstabilized roadway and does not conform to the St. Lucie County Land Development Code. The Growth Management Director stated it meets the Okeechobee County access standards. Com. Coward stated this is a project before the St. Lucie County Commission and this troubles him. There are standards for ingress and egress in St. Lucie County. Com. Coward addressed the water quality and nutrient overload. He expressed his concern with thousands of pounds of elephant manure and its affect on the water ways and the wetlands. He does not see an effort on how they will address the issue. Com. Dzadovsky addressed the transmission of TB organisms from feces and how it could be spread. The Environmental Regulations Manager advised the Board they received a study regarding the waste and it stated it will have a low phosphorus output. They checked with the DEP and as of yesterday they have not received as response for additional information. According to the DEP they will have reviewed further manure management. Com. Coward questioned the amount of staff living on site and where on the site plan are the living quarters and will they have proper living facilities. He addressed his concerns with public health and the wells. Staff advised the Board the Health Department is satisfied with the requirements to pull permits. Com. Coward expressed his concern with fire safety and access. He questioned if the Fire District had signed off on this issue. Staff advised the Board the Fire District has signed off on the site plan. Com. Coward requested staff provide the Board with this information. He also addressed the number of animals on the site and suggested the Board may want to limit the number of elephants. He also addressed the electric fence around the property. The Environmental Regulations Manager stated the electric fence was not a requirement; they were concerned with the trees and their protection. Com. Coward recommended planting more native trees opposed to having an electric fence. Com. Dzadovsky asked if the Health Department reported any information on the transmission of TB or if it was known to our staff that TB could be transmitted to humans and to cattle. Staff indicated they did not have any information on the transmission of TB to humans or cattle. Com. Coward requested more information regarding the observation tower. Com. Grande questioned if the road was not up to access standards, how it affects the site plan. The County Attorney stated it is an awkward situation, our code does require paved access for development site plan approval however it does have a waiver provision and it does require a public hearing. A condition could be added requiring paved access to the property unless a waiver is granted. There would need to be a separate public hearing on that issue. Mr. Craig Piper member Board of Trustee, National Elephant Center and President, CEO of the Denver Zoo, Colorado. Mr. Piper gave an overview of the project and stated there 70+ associations that are part of this project. He advised the Board there would be only one staff member living on the site. There will be a total of 4 staff members. The other 3 members will be living off site in the community and would come to the location to 5 work. He advised the Board the center will be a facility that will provide education opportunities for school programs. The organizations that are funding the project are the 70 + associations and zoos. Mr. Piper provided a short video on how they will be providing care for these animals. Mr. Piper advised the Board they will be doing scientific work on virus and other health issues the elephants are known to contract. Com. Dzadovsky questioned the transmission of TB to humans and cattle. Mr. Piper stated there was no scientific documents that show TB can be transmitted by the elephants to humans. There is a herpes virus that can cause death to the elephants due to other complications that can arise. Mr. John Lenhart, Animal Environmental Director for Disney Parks, addressed the TB issue; he stated there is no documentation of TB from animal to humans however it could go the other way. The elephants are tested each year and are trunk washed. This is something the USDA requires. He stated the herpes virus is not transferable to human it is specifically in Elephants. They have a doctor from the West Palm Beach Zoo who will be assisting them with any health problems should they arise. All elephants will be pre-tested before coming into the facility and will be quarantined for further testing. Elephant TB is not across the country only in a specific area. Com. Coward addressed the use of the bull hook and the fact that most of the e-mails received addressed the use of this tool as a major concern. Mr. Piper stated if the tool is used properly it can be effective, any tool used improperly could be detrimental to an animal. Com. Coward stated he felt they could not compare using for example a dog leash to a metal hook that could cause pain. Mr. Piper stated looking at the bull hook it can be intimidating however used properly it is a useful tool. Mr. Lenhart explained the reason for utilizing the bull hook. Com. Dzadovsky addressed the breeding and the birthing process and asked how they were managed. Mr. Jeff Bolan addressed the birthing process and stated the mothers are restrained so that they would not hurt the baby. The baby is removed for a period of time however the mother is always within reach. Com. Dzadovsky stated his concern with restraining the mother. Mr. Bolan stated they must do the best they can to protect the baby. Mr. Terry Maple, Palm Beach Zoo Executive officer, addressed the Board in support of the project and stated this would be a center of excellence and a center of innovation. Ms. Linda Cox, President and CEO St. Lucie County Chamber of Commerce addressed the Board in support of the project and presented a letter of support. Mr. Don Anthony, Communications Director for Animal Rights Foundation of Florida, addressed the Board in opposition of the facility stating it was not a sanctuary, but a holding breeding area. He requested the Board deny the project. Mr. Noel Chandler, Okeechobee County Commissioner addressed the Board and stated he was excited about this project and stated his support. He stated people come into town carrying more diseases than these animals. Ms. Susan Roy, representing In Defense of Animals, North Carolina, addressed the Board and stated she was told they were using bull hooks. She addressed the amount of waste generated and the large amount of urine going into the ground. She addressed the TB issue and stated the trunk wash test produces many uncertain results and false negatives. She also addressed accountability and stated there were too many unanswered questions and hoped they would delay making a decision and stated if the Board decides to move forward they would conditionally approve the project not permitting the use of bull hooks and create an advisory board to monitor what is happening at the facility. 6 Ms. Raylian Smith, Circus and Govt. Affairs People for the Ethical Treatment of Animals addressed the Board and stated there is not a need to use the bull hook at any time and provided various alternatives and examples where these alternatives were used. She also addressed USDA inspection reports. Com. Coward requested a copy of the reports be provided. Ms. Smith stated she would provide all the reports. Mr. Jerry Bolan, Interim Executive Director of the National Elephant Center, addressed the Board and stated they have 70+ partners and most of these are zoos. He cannot say that everything zoos have done in the past is right. However, they will never abuse animals. He stated they could test the waste and see if it contains any viruses and if they can find an alternate way to dispose of it they will. He cannot speak for the Board, the 70 partners, but he will go back to the Board and set a goal to not to eliminate the bull hook and if they do not agree to set this goal, he would resign his position. Com. Grande asked if they added a few extra conditions to those already suggested by staff and based on the unanswered questions and the controversy, one would be, no bull hooks on site as a condition and second establish an advisory board with access to the facility and provide information upon request. Mr. Bolan stated he does not have a problem with an advisory council since they do not have anything to hide. Mr. Joseph Miller, adjacent ranch owner, addressed the Board and read his wife’s comments in support of the facility as Chairperson of the Humane Society of St. Lucie County and as an individual. Mr. Miller stated he owns a 900 acre ranch adjacent to the location and he also has cattle on his property and he stated he was more concerned with any possible viruses coming from the landfill. Com. Dzadovsky asked Mr. Miller who he would hold responsible should TB spread to his cattle from the Elephant Center. Mr. Miller advised the Board he vaccinates his cattle and he would not hold the county liable should this occur. He stated if the Cattlemen’s Association had any concerns, they would be here today. Com. Coward stated this was not a public hearing and they may not have been notified. Mr. Miller stated he would contact the surrounding cattle farmers and obtain their feelings on this project. Mr. Doug Davis, Richard K. Davis Construction, addressed the Board in support of the project. He advised the Board he has been in contact with the facility board and is extremely impressed with their character and felt their intent is true and factual. He has met with the Superintendent of Schools regarding education programs and received a letter from Ms. Kathryn Hensley, School Board member endorsing the project. Ms. Joan Carlson, appointed agent under Fl. Statute 828(investigating cruelty to animals), addressed the Board and stated she believed the environmental issue should be looked at and putting criteria in place is necessary. TB issue is valid and needs to be addressed. Ms. Susan Beatty, Wildlife Rehabilitation Center Martin County addressed the Board with her concerns regarding the protection of the human element in St. Lucie County the environmental element of St. Lucie County. She believes the county needs to have control of what comes into the county and urged the Board if they support this, they have control in case things are not correct in this center or any other brought into the county. Mr. John Parry United for Animals representative addressed the Board and stated there were still many unanswered questions. He requested a condition regarding no bull hooks use being permitted and an advisory committee be formed. Ms. Susan Roy related a text message received from Ms. Coleen Kinsley, General Curator at the Oakland Zoo. The text message indicated all emergencies are handled on a case by case basis and how they can be handled. She believed the bull hook would be more dangerous if used on a frightened animal. Mr. Frank Andrews, Director of the Human Society of St. Lucie County, advised the Board his Board of Directors held a meeting with the organization and stated the Board gave them a difficult time. The Board voted to support the project on the overall good and sincerity of the people making the presentation. He believes the recommendations made are fine recommendations and they would be in favor of them. Mr. Craig Mundt, Hutchinson Island, he believes they are a very fine and professional organization and the Board should consider it very seriously. He stated the Board has heard from the local people who are more 7 likely to be impacted and they do not have concerns. The bull hook issue what he heard do they need a transition. He would be concerned with the humans who are in close contact with the elephants who are accustomed to responding to the bull hook. He questioned how many of those e-mails were from St. Lucie County residents. He believes most of those e-mails came from across the country. Com. Dzadvoksy alluded to an issue discussed at a past meeting regarding Dogs on the Beach and the concern expressed by citizens of dog waste on the beach. Com. Lewis asked if any county funds would be used for this facility. The Growth Management Director stated they were not using any county funds. Com. Lewis stated she did not get the impression or that it was expected from the organization that they were expecting any funds from the county. She also stated that in no time was it ever presented as a sanctuary. She asked if the animals would be confined the majority of the time. Mr. Bolan stated they would not be confined animals. Some animals based on their behavior will be brought in at night; the other will be permitted to remain outside. Mr. Piper stated they needed for the animals to be familiar with coming in and out of the housing and pasture areas. They will be brought in only during inclement weather. The primary purpose is not breeding. They will be used for training and overall for conservation purposes and housing. Com. Lewis requested more information on the paving of the roadway issue. The Growth Management Director stated the paving access is required, however in this case and it being adjacent to Okeechobee County and the landowner is giving access to the lease and access was already there and with the small amount of trips, staff felt this was adequate access with minimal impact on adjacent property in St. Lucie County. They considered the issue resolved. The County Engineer stated this site plan would not constitute paved access. This would be a small traffic generator and per SLC Land Development Code, if in SLC they could waive requirements or impose conditions of approval, a fair share contribution would be appropriate based on traffic; however it would be for paving of a non county roadway. It seems appropriate a paving waiver may be something to consider. Com. Lewis stated if it is being considered access she would like to entertain the waiver in this case and she understands this would require a public hearing, which would require holding this over until the hearing is held. Com. Craft thanked the applicant and those present and he believes in the last few years there have been changes on how animals are treated due to activists. He respects Mr. Bolan statement that he would resign if a bull hook was used. He believes there is a stigma with regard to the bull hook and he believes this is a stigma they need to get away from. He would support the elimination of the bull hook and would support the waiver of the paving of the roadway. Com. Dzadovsky questioned if the Fire District had signed off on this issue. Staff advised the Board the Fire District had signed off on this issue. Com. Coward addressed what was checked on the documentation where he believes the Fire District still wishes the applicant submit and they wish to review the completed application. He expressed his concern with the liability issue with the Fire District response time. Mr. David Toms, Civil Engineer for the project, stated they re-submitted the application completed and he commented on it. Com. Coward stated they should be asked to vote on an issue based on written confirmation saying that they are in agreement with the site plan. From what he sees the Fire District is still waiting for more information from the applicant. The Growth Management Director stated they would follow up on this item and provide him with the information. At this time the Chairman passed the gavel to the Vice Chairman. It was moved by Com. Grande to approve staff recommendation with all conditions by staff with two additional conditions; 1) the use of a guide or bull hooks not permitted on premises; 2) the Center will provide access and respond to requested information from the Board and the appointed advisory board; 8 seconded by Com. Craft (for discussion) and asked for clarification on what Com. Grande meant by guide, he understood the bull hook and stated a guide could be less intrusive. Com. Grande stated he meant to limit it to the bull hook (the pointed weapon). Mr. Bolan stated they would accept the definition of the bull hook; a guide could be a tennis ball. Com. Grande stated for the purpose of clarity he would limit his motion to the bull hook. Com. Lewis stated she felt they needed to clarify the road issue leaving it out of the equation puts this in a different position and this concerns her. She believes they should have a public hearing for the waiver. Com. Grande addressed Com. Lewis’ concerns. The County Attorney recommended since staff does not have an issue with the road and if the Board moves ahead, they could add the condition so it’s clear that paved access is required unless the Board grants a subsequent waiver pursuant to a public hearing. Com. Grande accepted this condition and amended his motion to reflect same. The County Attorney asked clarification on the following issues: Do they want to limit the number of elephants 8 to 10 max? The issue on the number of native trees and electrical fences In addition to the advisory committee, he recommended to add some language to reserve right to consider the amending the site plan conditions based on the advisory committee’s recommendations Elephant waste to be trucked off site Com. Dzadovsky asked if it would be appropriate to take the Center up on their offer of transparency and to ensure documentation and frequent testing of waste and animals and the reports be provided to the Board on possibly a quarterly basis. The Advisory Board would be an independent board appointed by the Commission. The County Attorney stated they may want to add a condition that based on the recommendation/s by the Advisory Committee the Board would reserve to take further action in amending the site plan. Com. Grande as the motion maker agreed to this condition. Com. Craft stated he felt this may make it too intrusive. The County Attorney addressed Com. Craft’s concern. Com. Lewis she did not see this as something related to the actual site plan and believes this is a little broad. Com. Grande asked if there was a way not to relate this to the site plan. The County Attorney stated they could say the Board reserves the right to take further action based on the recommendations of the advisory committee. Com. Dzadovsky recommended initiating an ordinance regarding exotic animal housing. He would rather have the USDA handle these issues or violations. Com. Grande did not accept this recommendation as part of the condition. He is looking at an advisory board that would meet regularly and advise the Board what was occurring. He does not wish to limit our discretion by what is in the USDA code. Ms. Noreen Dwyer attorney for the applicant addressed this issue and stated the facility will be licensed by the various regulatory agencies including the USDA, Fish and Wildlife and there are Florida statutes with regard to animal cruelty. She recommended the advisory committee report to the Board then the Board could report the concerns to the regulatory agencies. Com. Grande stated the attorney was correct the board would have the option of reporting the occurrence and in most situations the board would report occurrences the agencies but would not want to be limited to it. 9 Com. Coward did not agree with the idea the board should empower themselves to create another outside entity that would have the ability to scrutinize a non-profit is objectionable to him... He does not believe this is the answer, and he will not vote to mandate such an entity, if it is modified he can, he also wishes to have the electric fences eliminated, he wants the maximum number of elephants, 8 to 10 these are all deal breakers and would like to see them in the motion. Com. Coward stated would like to eliminate all electrical fences. The applicant stated there are electrical fences that cattle farmers utilize, it is hot grass, to protect the trees and they can certainly remove this and would use rocks and fallen trees. Com. Coward stated this was what he was looking for some alternative. He would like to see the maximum of 10 elephants. Com. Grande concurred and stated if they would like to place more than 10 elephants and expand the facility they would need to come back to the Board with such a request. Com. Craft concurred with the two, but not sure where they are with the advisory committee. Com. Grande stated he liked the idea of the advisory committee. He does not see it as an over sight committee. He views it as an advisory committee as they have formed in the past that come back to the Board with gathered information and recommendations. They are used to increase the Board’s knowledge not provide oversight to the applicant. Com. Craft recommended a bi-annual report from staff after a site visit to the facility rather than establishing a committee. Com. Lewis stated she concurred with Com. Craft’s recommendation to ask for the report and not create a committee. Encourage the creation of an advisory committee, to be in compliance with all state and federal laws including the provisions of the animal welfare act and call for an annual compliance report stating they are in full compliance with the state and federal laws and any violations therein are grounds for this Board to consider revoking the approval of the project. Com. Craft stated he concurred and would amend his second. The County Attorney indicated the motion to include: No bull hooks to be utilized on site Maximum of 10 elephants Paving of access roadway unless waiver is provided after public hearing No electric fences shall be installed on site The Board encourages the creation of an advisory committee, to review operations of facility, the applicant shall be in compliance with all state and federal laws including the provisions of the animal welfare act and the applicant shall provide an annual compliance with state and federal laws report and if any violations therein the Board reserves the right to revoke the site plan. Com. Dzadovsky stated he did not hear the mention of the issue with the Fire District and not having the documentation stating they are signing off on this project, the animals coming and leaving and giving birth on site. Com. Craft stated he would not have a problem adding in the annual report the number of births and the number of animals being transferred. Obviously if the Fire District does not agree, the Board will not approve it. Adding the condition that the Fire District must approve. The applicant addressed the issue of the electrical barrier for tree protection and stated the human protection fence there is usually one strand of electrical wire and that is normal, they would like to maintain that as a perimeter security related, otherwise they agree with all the conditions. Com. Coward stated the electrical issue was a concern for the trees but this is what the intent was. He thanked the applicant for their cooperation. Com. Craft stated he had an experience with one of those fences and it stung a little. 10 Com. Dzadovsky thanked everyone for being so patient and asked RK Davis Construction to consider utilizing the Green Collar Task Force program for the construction. And; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. ________________________ Chairman _________________________ Clerk of the Circuit Court 11