Okaloosa County BOCC — August 19, 2014 — reading text

Match/PFC $104,243.00 Packet Pg. 382 BAGGAGE HANDLING SYSTEM AND EDS SYSTEM DHS - OTA 100% $4,318,169.00 Packet Pg. 383  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 19, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Medicaid Amendment 7 DEPARTMENT: Growth Management BCC DISTRICT: ALL STATEMENT OF ISSUE: The Department of Growth Management requests the Board to approve Amendment No.7 to the agreement with the Commission for the Transportation Disadvantaged (CTD) for reimbursement of Medicaid Non-Emergency Transportation (NET) services. BACKGROUND: The Board approved the Commission for the Disadvantaged Medicaid Non- Emergency Transportation Program Agreement on January 20, 2009. Effective August 1, 2014 for Okaloosa County, the Florida Legislature established the Managed Medical Assistance (MMA) program as part of the Statewide Medicaid Care program in Part IV of Chapter 409, Florida Statutes. The MMA program requires Managed Care Organizations to provide covered services to Medicaid recipients enrolled in managed care plans. Not all Medicaid recipients are covered. The Commission for the Transportation Disadvantaged (CTD), through its Subcontracted Transportation Providers (STPs), will provide transportation to those excluded from the MMA. On May 6, 2014, the Board of County Commissioners authorized and signed Amendment No. 6 to the Medicaid Agreement which funded program through August 31, 2014. The attached Agreement is effective September 1 and extends it through December 31, 2014. The County will be paid using a per- member per-month (PMPM) rate for categories listed in the agreement. No Local Funds are required to receive Medicaid NET compensation from the CTD. RECOMMENDATION: The Department of Growth Management requests the Board to approve Amendment No.7 to the agreement with the Commission for the Transportation Disadvantaged (CTD) for reimbursement of Medicaid Non-Emergency Transportation (NET) services. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 384 Packet Pg. 385  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 19, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Information for Backyard Chicken Discussion and Direction DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners has expressed interest in allowing the keeping of chickens in residential areas. In order to allow such activity, it is necessary to amend various portions of the County Code to eliminate conflicts with such an activity. BACKGROUND: Numerous communities across the country, including cities and counties in Northwest Florida, have amended their land development codes and other regulations to allow the keeping of poultry as an accessory activity to residential use. While each community addresses this issue according to its own needs, a number of common practices become apparent as illustrated by the attached Comparative Table which summaries various communities' requirements (their actual code sections are also attached). Setbacks from property lines, separation requirements from inhabited buildings, the number of birds kept, and enclosure requirements are among the commonly regulated elements of raising chickens in residential areas. Some of the more common practices include: 1. Allowing chickens in rear and side yards only 2. Establishing property line setbacks, typically between 5 and 10 3. Establishing minimum distances from adjacent residential properties, typically between 20 and 30 feet 4. Establishing a maximum number of birds, 4 to 8 per residence is typical 5. Providing requirements for coops/hen houses, typically 2 - 4 square feet per bird 6. Ensuring that coops and outside enclosures are secure against predators 7. Ensuring that food containers and enclosures are secure against rodents and pests 8. Roosters are usually prohibited 9. Most ordinances reviewed do not allow the sale of eggs from chickens produced by backyard flocks, they are for the consumption of the owners of the chickens only It should also be noted that the Crestview livestock provisions attached hereto are a draft recently discussed but not voted on by the City Council. The minutes of the workshop are included as the issues raised may be applicable to County deliberations. In Santa Rosa County chickens are addressed through the nuisance animal provisions of their Code which provides no specific standards as to the location, number, or housing of chickens on Packet Pg. 386 any property. The same is true for Walton County, although discussions with Walton county staff indicate they are considering whether to adopt prohibitions on chickens in residential areas due to complaints. In addition to the regulations discussed above, a study of over 100 local government backyard chicken ordinances across the country was published in the September 2012 edition of the Environmental Law Reporter. This study includes a model ordinance that incorporates many of the provisions discussed above, and could serve as the basis for a local regulation. The provisions of the model ordinance are provided in the comparative table. While the issues associated with the keeping of poultry are addressed in various parts of the County Code, most particularly section 2.21.05.10 (keeping of livestock), section 9.02.03 (Community Noise Abatement), and 5-32.d (Animal Sheltering), none of these sections provides any of the types of standards that have been enacted by other communities specific to poultry. Therefore, if the Board of County Commissioners wishes to allow the keeping of "backyard flocks" for the production of eggs and possibly meat, staff recommends that the Code be amended to provide specific standards so that, in the event of complaints, the enforcing agencies have clear rules to enforce. Enforcement is an important consideration. The County's contract with the Panhandle Animal Welfare Society (PAWS) makes that agency responsible for enforcing "all applicable Okaloosa County ordinances and Florida statutes relating to animal control." If the County adopts specific standards for the housing of chickens, the impact on PAWS' workload, as well as potentially the Code Enforcement Division and the Sheriff's office, will need to be considered. OPTIONS: The Board has three options: 1) it can direct staff to begin the drafting of regulations to allow the keeping of poultry in residential areas; 2) it can direct staff to conduct further research and bring back more refined recommendations; or 3) it can take no action. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners consider the information provided herein, and direct staff as to its intentions regarding allowing the keeping of chickens as accessory to residential uses. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 387 City of Sarasota Chicken Regulations Sec. 8-2. Keeping livestock and certain animals prohibited. (a) Except for a retail establishment engaging in the lawful sale of animals and Sarasota Jungle Gardens, it shall be unlawful for any person to keep, harbor, raise or maintain the following: (1) Any livestock; (2) Any poultry, except chickens being kept, harbored, raised, or maintained as accessory to a residential single-family structure, subject to the following restrictions: a. No more than four (4) chickens may be kept, with roosters prohibited; b. No person shall slaughter any chickens; c. The chickens shall be provided with a movable covered enclosure (i.e. "hen house/coop") and must be kept in the covered enclosure or a fenced enclosure at all times. Chickens must be secured within the movable henhouse/coop during non-daylight hours; d. The space per bird in the henhouse/coop shall not be less than four (4) square feet per bird; e. No covered enclosure or fenced enclosure shall be located in the front yard, nor shall the henhouse/coop be closer than ten (10) feet to any property line of an adjacent property, nor within twenty-five (25) feet of any adjacent residential structure. Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries; f. All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure. The henhouse/coop must be impermeable to rodents, wild birds, and predators, including dogs and cats. Enclosures shall be kept in neat condition, including provision of clean, dry bedding materials and regular removal of waste materials. All manure not used for composting or fertilizing shall be removed promptly; g. All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rodents or other pests shall be kept in secure containers or otherwise protected so as to prevent rodents and other pests from gaining access to or coming into contact with them; h. The sale of eggs or any other chicken products generated in the City of Sarasota is prohibited; i. No dog or cat that kills a chicken will, for that reason alone, be considered a dangerous or aggressive animal. (3) Any rabbits, except those being kept, harbored, raised or maintained: a. As pets within a completely enclosed dwelling or detached garage capable of housing at least two (2) cars; b. In an outside enclosure, coop or pen, up to a maximum of two (2) rabbits. Packet Pg. 388 (b) Notwithstanding the provisions of subsection (a) above, the city manager or his designee may, by special permit, authorize the keeping harboring, raising or maintaining of livestock, poultry or rabbits (not within a dwelling) within the city limits. A special permit may only be issued for a specified limited period of time and shall set forth such conditions or requirements as shall be deemed necessary to mitigate the potential adverse effects upon neighboring properties. In determining whether a special