BOOK 22 PAGE 410 REGULAR MEETING OF THE BOARD, JANUARY 8, 2013

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1 BOOK 22 PAGE 410 REGULAR MEETING OF THE BOARD, JANUARY 8, The meeting was called to order at 9:00 a.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present: Commissioner Jack L. Richie Commissioner Ron Handley Commissioner James L. Brooks Commissioner R. Greg Harris Commissioner Don Elwell Also present: June Fisher, County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Nava, Deputy Clerk. This meeting was properly advertised and a Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file. 2. INVOCATION The meeting opened with a prayer by Pastor Richard Norris. Pastor Norris introduced the new Volunteer Chaplain Unit of the Highlands County Sheriff s Office. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by John P. Vincent, III with the American Legion Riders. 4. ANNOUNCEMENTS Jan 8 3:00 pm Highlands County Soil & Water Conservation District Rm. 3, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL Jan 8 7:00 pm Construction Licensing Enforcement and Appeals Board Board room, 600 S. Commerce Ave., Sebring, FL Jan 10 10:00 am Insurance Committee Board room, 600 S. Commerce Ave., Sebring, FL Jan 10 1:30 pm Public Hearing Highlands County Code Enforcement Board room, 600 S. Commerce Ave., Sebring, FL Special Magistrate Pamela T. Karlson Jan 10 2:30 pm Highlands County Historic Preservation Commission Development Services Conference rm., 501 S. Commerce Ave., Sebring, FL A. Other meetings: The Central Florida Regional Planning Council will meet on Wednesday, January 9, 2013 at 9:30 a.m. in the Sebring Regional Airport boardroom. The Highlands County Homeowners Association will meet on Monday, January 14, 2013 at 9:00 a.m. at 3240 Grand Prix Drive in Sebring. 5. CLERK OF THE COURTS: No report. 6. CONSTITUTIONAL OFFICERS: No report. Commissioner Elwell congratulated Mr. Joe Campbell, former Supervisor of Elections, for his 38 years of service and dedication to Highlands County REG

2 BOOK 22 PAGE 411 A. Honorable Judge Langford: Swearing-in Ceremony of Constitutional Officers: 1. Penny Ogg, Supervisor of Elections Judge Langford swore in Ms. Penny Ogg, Supervisor of Elections. Ms. Ogg thanked the citizens for their support. 2. Susan Benton, Sheriff Judge Langford swore in Sheriff Susan Benton. Sheriff Benton introduced her family and thanked everyone for another opportunity to serve the citizens of Florida. 3. Eric T. Zwayer, Tax Collector Judge Langford swore in Mr. Eric T. Zwayer, Tax Collector. Mr. Zwayer thanked everyone and introduced his family. 4. Robert W. Germaine, Clerk of Courts Judge Langford swore in Mr. Robert W. Germaine, Clerk of Courts. Mr. Germaine introduced his wife and thanked the citizens, his staff, the Constitutional Officers, the judges, and the Commission for working well together. 5. Raymond McIntyre, Property Appraiser Judge Langford swore in Mr. Raymond McIntyre, Property Appraiser. Mr. McIntyre introduced his wife and stated that it has been an honor to work for the citizens of this county. Mr. McIntyre expressed his gratitude in having worked next to Joe Campbell, former Supervisor of Elections. 7. RECOGNITIONS, PRESENTATIONS, AND PROCLAMATIONS: June Fisher, County Administrator, requested the Commission come forward to recognize the following employees for their years of service: A. Road & Bridge Superintendent: Presentation of an employee recognition for years of service. Kyle Green, Road & Bridge Superintendent, presented an award to Mr. Sandy Lewis in recognition of his 25 years of service to the County. See SMB 96 Page 1. B. County Administrator: Presentation of an employee recognition for years of service. June Fisher, County Administrator, presented an award to Ms. Vicki Pontius in recognition of her 30 years of service to the County. See SMB 96 Page 1. C. County Engineer: Presentation of an employee recognition for years of service. Ramon Gavarette, County Engineer, presented an award to Ms. Demetria (Dena) Peterson in recognition of her 10 years of service to the County. See SMB 96 Page CONSENT AGENDA (1): Commissioner Elwell requested that a history of requests be provided for item 8B and requested a clarification for item 8C. June Fisher, County Administrator, addressed his concerns. Public input was received from Dick Noel REG

3 BOOK 22 PAGE 412 Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve consent agenda (1) as presented. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits January 8, See Check Report 2013 file. CHECK REPORT 5,211, COUNTY TRANSPORT TRUST 14, E911 OPERATIONS FUND 74, TOURIST DEV TRUST FUND AFFORDABLE HOUSING ASST 11, SEBRING PARKWAY MAINT STATE COURT FACILITIES TF 5, COURT TECH (12) (E) BUILDING FUND SOLID WASTE 195, ENERGY RECOVERY 9, INSURANCE FUND 28, B. Request approval of a request from the Highlands County Fair Board for the donation and delivery of six loads of sand and to waive the landfill tipping fees. See SMB 96 Page 2. C. Consideration of a request from the Sheriff for approval of Resolution & Budget Amendment , with a fiscal impact of $38, See Budget Amendment 2013 file, Res. Book 25 Page 58 & SMB 96 Page 3. D. Request approval of BA correcting project #06031 within FY 12/13, with a fiscal impact of $2, See Budget Amendment 2013 file & SMB 96 Page 4. E. Request approval of a Warranty Deed from Redlands Christian Migrant Association, Inc., for the Dedication of Right-of-Way along Josephine Drive, Curve Street, and Bunche Street, with associated Release of Federal Interest from the Administration for Children & Families. See County Deed file. CONSENT AGENDA (2): A. Request approval to pay all bills with voting conflicts. Commissioner Elwell declared a conflict of interest on bills being paid to Alan Jay, his current employer. Public input was received from Dick Noel. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to pay all bills with voting conflicts. Upon roll call, all Commissioners voted aye, except Commissioner Ewell, who abstained. The motion carried. See Check Report file for copy of abstention form REG

4 BOOK 22 PAGE ACTION: June Fisher, County Administrator, requested that item 9A-1 be pulled from the agenda and requested to add a new item under County Administrator as item 9D-4. Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to set the action agenda with the removal of item 9A-1 and the addition of item 9D-4, as stated. Upon roll call, all Commissioners voted aye. The motion carried. A. Healthy Families Program Manager Supervisor/Interim Community Programs Director: 1. Request for approval of an appointment to the Hospital District Board for a term of four years to expire on January 2, (This item was pulled) See SMB 96 Page Request approval of the Emergency Food & Shelter Program Grant, Phase 30 and Resolution and Budget Amendment Jeannie DuBenion, Healthy Families Program Supervisor/Interim Community Programs Director, presented the request. Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to approve Resolution and Budget Amendment to receive Emergency Food & Shelter Program funding in the amount of $10,000. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2013 file, Res. Book 25 Page 59 & SMB 96 Page 6. B. Tourist Development Director: 1. Request for approval of the Highlands County Tourist Development Council Grant to the Rotary Club of Highlands County, Inc., for the Bike Sebring 12/24 Hour Bike Race event on February 14-16, 2013 in the amount of $5, John Scherlacher, Tourist Development Director, presented the request. Public input was received from Dale Wilson. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the attached grant contract in the amount of $5,000 to be disbursed from tourist development Trust Fund number 5305 Local Events to The Rotary Club of Highlands County, Inc., for the Bike Sebring 12/24 Hour Bike Race event, for advertising outside of Highlands County, with room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues, pursuant to Section (5)(a), of the Florida Statutes. Upon roll call, all Commissioners voted aye. The motion carried. See TDC file REG

5 BOOK 22 PAGE Request for approval of the Highlands County Tourist Development Council Grant to the Sebring Airport Authority for the U.S. Sports Aviation Expo on January 17-20, 2013 in the amount of $5, John Scherlacher, Tourist Development Director, presented the request. Public input was received from Gene Reese. Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to approve the attached grant contract in the amount of up to $5,000 to be disbursed from Tourist Development Trust Fund number 5305 Local Events to Sebring Airport Authority, for the U.S. Sports Aviation Expo for advertising, with room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues, pursuant to Section (5)(a), Florida Statutes. Upon roll call, all Commissioners voted aye. The motion carried. See TDC file. 3. Request for approval of the Highlands County Tourist Development Council Grant to the Heartland Cultural Alliance, Inc., for the Princess Diane Cultural Bus Tour in the amount of $1, John Scherlacher, Tourist Development Director, presented the request. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve the attached grant contract in the amount of up to $1,000 to be disbursed from Tourist Development Trust Fund number 5304 Arts and Culture to Heartland Cultural Alliance, Inc., to advertise outside of Highlands County for the Princess Diane Cultural Bus Tour February 11-13, 2013, with no room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues, pursuant to Section (5)(a) of the Florida Statutes. Upon roll call, all Commissioners voted aye. The motion carried. See TDC file. 4. Request for approval of the Highlands County Tourist Development Council Grant to the Caladium Arts & Crafts Cooperative, Inc., for the Caladium Arts & Crafts Cooperative Brochure in the amount of $1, John Scherlacher, Tourist Development Director, presented the request. Public input was received from Dick Noel and Ray Royce. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve the attached grant contract in the amount of $1,000 to be disbursed from Tourist Development Trust Fund number 5304 Arts and Culture to The Caladium Arts & Crafts Cooperative, Inc., for the design and printing of the Caladium Arts & Crafts Cooperative brochure, with no room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues, pursuant to Section (5)(a), Florida Statutes. Upon roll call, all Commissioners voted aye. The motion carried. See TDC file. C. Board Attorney: No report REG

6 BOOK 22 PAGE 415 D. County Administrator: 1. Consideration of optional Early Payout of Earned Annual Leave to eligible employees and a Resolution amending Chapter 8 of the Highlands County BCC Personnel Rules and Regulations. June Fisher, County Administrator, presented the request. Public input was received from Gabriel Read and Dick Noel. Commissioner Handley made a motion and Commissioner Harris seconded the motion, to move to approve an option of providing an optional Early Payout of Earned Annual Leave to eligible employees and a Resolution amending Chapter 8 of the Highlands County Board of County Commissioners Personnel Rules and Regulations. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 25 Page 60 & SMB 96 Page Consideration of topics for Highlands County s 2013 Legislative Issues and Priorities. June Fisher, County Administrator, presented the request. Commissioner Elwell requested to add the following issues: 1) to maintain the level of funding for the invasive plant control for lakes; and 2) to maintain the level of funding for the libraries. Ms. Fisher stated that those two items will be included in their presentation. Ray Royce, Councilman for the Town of Lake Placid, suggested the Commission include in the presentation the issue of allowing municipalities to meet with its County Commission outside of their municipal boundaries. Ross Macbeth, Board Attorney, stated that the best way to move this issue forward was to have a legislative proposal ready for their review. The Commission concurred to add this issue to the presentation as well. The Commission came to a consensus to submit the issues listed on the agenda packet and the additional ones presented today. See SMB 96 Page County Administrator s report. June Fisher, County Administrator, presented the County Administrator s Report to the Commission. See SMB 96 Page Chairman s Appointment to various Boards. June Fisher, County Administrator, presented the request. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to appoint Chairman Jack L. Richie to the 10 County Coalition for the Protection of Lake Okeechobee, the Value Adjustment Board, and the Heartland Workforce Investment Board. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 96 Page REG

7 BOOK 22 PAGE CITIZENS NOT ON THE AGENDA Mr. Bill Youngman came before the Commission to address his concerns regarding the new rules for Animal Control. 11. COMMISSIONERS Commissioner Handley: No report. Commissioner Harris: No report. Commissioner Brooks: No report. Commissioner Elwell: Commissioner Elwell thanked the County Administrator for her report and reminded everyone that the Legislative Delegation will be in the Boardroom on Friday, January 18, 2013 from 9:00 a.m. to 11:00 a.m. Commissioner Richie: Commissioner Richie stated that he wanted to take this time to instill in the public that they have strong confidence in the Development Services Department s ability to perform their duties, their knowledge, their attitude, and their procedures and stated that he wants the employees to know that he stands behind them 100% and that they have shown their accuracy in their work. 12. ADJOURN The meeting adjourned at 10:28 a.m REG

8 BOOK 22 PAGE 417 REGULAR MEETING OF THE BOARD, JANUARY 15, The meeting was called to order at 9:00 a.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present: Commissioner Jack L. Richie Commissioner Ron Handley Commissioner James L. Brooks Commissioner R. Greg Harris Commissioner Don Elwell Also present: June Fisher, County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; Pamela Nava and Sara Turnbull, Deputy Clerks. 2. Invocation The meeting opened with a prayer by Bob Germaine, Clerk of Courts. 3. Pledge of Allegiance The Pledge of Allegiance was led by Commissioner James Brooks. 4. ANNOUNCEMENTS Jan 15 3:00 pm Planning & Zoning Commission and the Local Board room, 600 S. Commerce Ave., Sebring, FL Planning Agency and the Zoning Board of Adjustment Jan 15 6:00 pm Veterinarian s Advisory Committee Rm. 3, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL Jan 16 7:30 am Industrial Development Authority Board meeting Heartland Workforce Center, Sebring, FL Jan 16 8:00 am Local Mitigation Strategy Working Group Rm. 2, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL Jan 17 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff s Tower Road, Sebring, FL A. Other meetings: The Children s Services Council will meet on Wednesday, January 16, 2013 at 7:30 a.m. The Legislative Delegation will meet on Friday, January 18, 2012 in the Boardroom. The Highlands Tea Party will meet tonight at 6:00 p.m. at Homer s restaurant. The movie Rumors of War III: Target U.S. will be presented. 5. CLERK OF COURTS: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts monthly report for December See SMB 96 Page CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: Sheriff Susan Benton presented the Sheriff s Office Quarterly Report. See SMB 96 Page REG

9 BOOK 22 PAGE RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Chairman Richie: Recognition of Sheriff s Office 2 nd Year of Florida Corrections Accreditation Commission, Inc. (FCAC) Reaccreditation. Sheriff Susan Benton recognized the Accreditation staff: Elizabeth Hamilton, Detention Deputy; Carol McCullough, Training & Accreditation; Kim Ketchner, Accreditation Manager; and Major David Paeplow. The Commission congratulated the Sheriff and her staff for their 2 nd year of accreditation completion for the detention facility. See SMB 96 Page CONSENT AGENDA (1): Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to accept the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits January 15, See Check Report 2013 file. GENERAL FUND 216, COUNTY TRANSPORT TRUST 33, LOCAL GOVT INFRA SURTAX 67, STATE COURT FACILITIES TF BUILDING FUND SOLID WASTE 7, ENERGY RECOVERY 23, EMPLOYEE BENEFIT FUND 50, B. Request approval of the minutes of the regular Board of County Commissioners meeting for December 18, See Clerk of Courts website. C. Request approval to appoint Sally Compton, District 1, and reappoint Sue Rood, District 2, and Margaret Dewey, District 5, to the Highlands County Library Advisory Board. See SMB 96 Page 14. D. Request approval to appoint Brenda Walton to the Veteran s Advisory Board. See SMB 96 Page 15. E. Request approval to appoint Vice-Chairman R. Greg Harris to the Value Adjustment Board. See SMB 96 Page 16. F. Request approval of an amendment to the Approved Local Mitigation Strategy Working Group members for Calendar Year See SMB 96 Page 17. G. Request approval of Resolution & Budget Amendment for Rolled Encumbrance Reduction from FY 11/12 to FY 12/13 with a fiscal impact of $49, See Budget Amendment 2013 file, Res. Book 25 Page 61 & SMB 96 Page 18. H. Request for Certification of Acceptance for the Buffer Zone Grant, and accompanying Resolution and Budget Amendment See Sheriff s Office file, Budget Amendment 2013 file, Res. Book 25 Page 62 & SMB 96 Page REG

10 BOOK 22 PAGE CONSENT AGENDA (2): A. Request approval to pay all bills with voting conflicts There being no further invoices with voting conflicts, this item was not motioned for approval. See SMB 96 Page PUBLIC HEARING: Public Hearing to consider an Ordinance amending Article IX of Chapter 9 of the Code of Ordinances Highlands County, Florida, establishing Bonnett Creek Acres Special Benefit District. Ross Macbeth, Board Attorney, presented the request and read the caption of the Ordinance into the record. A Proof of Publication was provided to the Clerk to become part of the permanent record. Chairman Richie opened the floor to the public. Input was not provided. Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to adopt the Ordinance establishing Bonnett Creek Acres Special Benefit District. Upon roll call, all Commissioners voted aye. The motion carried. See Proof of Publication file & Ordinance Book PUBLIC HEARING: Public Hearing to consider transmittal of CPA LS Large Scale Plan Amendment providing for the Amendments to the Future Lake Use Element and Future Land Use Map Series, Transportation Element and Transportation Map Series, Definitions, Administrative Section, and Technical Support Section of the Highlands County 2030 Comprehensive Plan. Ramon Gavarrete, County Engineer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. The following members from the Central Florida Regional Planning Council were present for the hearing: Pat Steed, Executive Director; Jennifer Codo-Salisbury, Planning Administrative Director; and Richard Ranck, Transportation Planner/Traffic Engineer. Ms. Steed and Ms. Codo-Salisbury addressed the proposed text amendments to the Future Land Use Element, the Transportation Element, the Capital Improvements Element, the Definitions Section, the Administrative Section, and the Technical Support Section. Chairman Richie opened the floor to the public. Input was received from Gabriel Read, Dick Noel, and Ray Royce. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve and transmit CPA LS, by amending the Future Land Use Element and Future Land Use Map Series, Transportation Element and Transportation Map Series, Definitions, Administrative Section, and Technical Support Section of the Highlands County 2030 Comprehensive Plan, transmitting CPA LS to the Florida Department of Economic Opportunity and review agencies for Expedited State Review. Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment file REG

11 BOOK 22 PAGE ACTION: June Fisher, County Administrator, requested to include two additional items to the action agenda: 1) a Resolution supporting proposed legislation under 11C -Board Attorney; and 2) a request to allow a 4-H volunteer to drive the County van. Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to set the action agenda as amended by the County Administrator, adding items under 11C and 11D. Upon roll call, all Commissioners voted aye. The motion carried. A. Zoning Supervisor: Request approval to appoint Mr. William Bennett as a regular member, and Ms. Joan Mack, Mr. James Osborn, and Ms. Bette Tiernan as alternate members to the Board of Adjustment and the Planning & Zoning Commission/Local Planning Agency for four (4) year terms expiring January 15, Linda Conrad, Zoning Supervisor, presented the request. Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to approve the appointment of Mr. Bennett as an alternate member to a regular member, and approve the appointment of Ms. Mack, Mr. Osborn, and Ms. Tiernan as alternate members to the Board of Adjustment and the Planning and Zoning Commissioner/Local Planning Agency for four (4) year terms expiring January 15, Upon roll call, all Commissioners voted aye. The motion carried. See SMB 96 Page 21. B. Tourist Development Director: Request approval of a Highlands County Tourist Development Council Grant to the South Florida State College Foundation, Inc. Cultural Programs Department for the Artist Series (3 shows) in the amount of $1, John Scherlacher, Tourist Development Director, presented the request. Public input was received from Dick Noel, Ray Royce, and Dale Wilson. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the attached grant contract in the amount of up to $1,000 to be disbursed from Tourist Development Trust Fund number 5304 Arts & Culture to South Florida State College Foundation, Inc., Cultural Programs Department, to advertise outside of Highlands County for the Artist Series (3 shows) on February 18, February 27, and March 1, 2013, with no room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues pursuant to Section (5)(a), Florida Statutes. Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file REG

12 BOOK 22 PAGE 421 C. Board Attorney: Resolution requesting the amendment of Section , Florida Statutes, to allow the governing bodies of municipalities and counties to meet at the County seat to receive and discuss matters of mutual interest. Ross Macbeth, Board Attorney, presented the request and read the caption of the Resolution into the record. Mr. Macbeth stated that the Resolution was drafted to allow for discussion of mutual interests during joint public meetings and for official action to be taken in public meetings within each jurisdiction. Ray Royce, Councilman for the Lake Placid Town Council, questioned why official action during a joint public meeting was not proposed. Mr. Macbeth addressed his concerns. The Commission came to a consensus to have the Board Attorney revise the Resolution to include official action during a joint public meeting. Mr. Macbeth addressed the revisions made to the proposed Resolution. Commissioner Handley made a motion and Commissioner Brooks seconded the motion, to move to accept the Resolution as modified. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 25 Page 63 & SMB 96 Page 22. D. County Administrator: 1. County Administrator s report. June Fisher, County Administrator, presented the County Administrator s report. See SMB 96 Page Request to authorize fully screened 4-H volunteer to utilize the 4-H van, or when unavailable, another County vehicle for the transportation of 4-H youth to out of county 4-H events. June Fisher, County Administrator, presented the request and submitted to the Clerk a copy of an from the Risk Management Coordinator to become part of the permanent record. Commissioner Handley made a motion and Commissioner Harris seconded the motion, to move to authorize fully screened 4-H volunteer to utilize the 4-H van, or when unavailable, another County vehicle, for the transportation of 4-H youth to out of county 4-H events. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 96 Page CITIZENS NOT ON THE AGENDA Mr. Gabriel Read came before the Commission to address his concerns regarding the retaining of records in the state crime databases REG

13 BOOK 22 PAGE COMMISSIONERS: Commissioner Elwell: Commissioner Elwell stated that the Sports Aviation Expo will be taking place this weekend. Commissioner Brooks: Commissioner Brooks stated that he attended the Florida Association of Counties Commission training classes last week. Commissioner Harris: Commissioner Harris: No report. Commissioner Handley: Commissioner Handley reminded everyone about the upcoming Veterinarian Committee meeting. Commissioner Richie: No report. 14. ADJOURN The meeting adjourned at 10:51 a.m REG

14 BOOK 22 PAGE 423 REGULAR MEETING OF THE BOARD, JANUARY 22, The meeting was called to order at 5:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present: Commissioner Jack L. Richie Commissioner Ron Handley Commissioner James L. Brooks Commissioner R. Greg Harris Commissioner Don Elwell Also present: June Fisher, County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Nava, Deputy Clerk. 2. INVOCATION The meeting opened with a prayer by Mr. Rick Ingler. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Don Elwell. 4. ANNOUNCEMENTS Jan 23 1:30 pm Transportation Disadvantaged Multi-County Local Coordinating Board Rm. 3, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL Jan 30 4:00 pm Natural Resources Advisory Commission Rm. 3, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL Jan 31 6:00 pm Veterinarians Advisory Commission Rm. 3, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL A. Other meetings: The Tourist Development Marketing Committee will meet in room 2 of the Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd. in Sebring, on January 23, 2013 at 9:00 a.m. The Lake Istokpoga Management Committee will meet in room 2 of the Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd. in Sebring, on January 24, 2013 at 9:00 a.m. The Tourist Tax Lakes Committee will meet in the conference room of the Visitor s & Convention Bureau on January 28, 2013 at 8:30 a.m. The Tourist Development Council will meet in room 3 of the Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd. in Sebring, on January 31, 2013 at 8:15 a.m. 5. CLERK OF THE COURTS: No report. 6. CONSTITUTIONAL OFFICERS: No report REG

15 BOOK 22 PAGE 424 Gary Ritter, with the South Florida Water Management District, stated that the restoration project on the south part of the Kissimmee River has been delayed and that the section is still open for navigation. Mr. Ritter also informed the Commission that the District will be undergoing a complete assessment of land owned by the District. Mr. Ritter commented on the water levels for Lake Istokpoga and Lake Okeechobee, reminded everyone about the electronic permitting system, and encouraged everyone to keep water conservation in mind. 7. RECOGNITIONS, PRESENTATIONS, AND PROCLAMATIONS: None presented. 8. CONSENT AGENDA (1): Public input was received from John Drennan. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to accept the consent agenda (1) as presented. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits January 22, See Check Report 2013 file. GENERAL FUND 838, COUNTY TRANSPORT TRUST 1, CONSERVATION TRUST FUND 1, LOCAL GOVT INFRA SURTAX 205, TOURIST DEV TRUST FUND HOSPITAL DISTRICT 88, AFFORDABLE HOUSING ASST 7, STATE COURT FACILITIES TF 3, COURT TECH (12) (E) BUILDING FUND 1, SOLID WASTE 7, ENERGY RECOVERY 176, B. Request approval of the minutes of the regular Board of County Commissioners meeting for January 8, See Clerk of Courts website. C. Request approval of a waiver of fees for the Special Stars Organization with a fiscal impact of $1, See SMB 96 Page 26. D. Request approval of an agreement for Education Services between South Florida State College and Highlands County Emergency Medical Service. See South Florida State College file. E. Request approval of Resolution & Budget Amendment for the E-911 State Grant. See Budget Amendment 2013 file, Res. Book 25 Page 65 & SMB 96 Page CONSENT AGENDA (2): A. Request approval to pay all duly bills with voting conflicts. There being no further bills with potential voting conflicts, this item was not motioned for approval. See SMB 96 Page REG

16 BOOK 22 PAGE ACTION: Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve the action agenda as presented. Public input was received from John Drozinski. Ross Macbeth, Board Attorney, requested to add an item under 9B regarding a partial release of lien. Commissioner Harris amended his motion to move to approve the action agenda, adding the partial release of lien under the Board Attorney as presented. Commissioner Handley amended his second. Upon roll call, all Commissioners voted aye. The motion carried. A. County Engineer: Request approval of a Select Maintenance Agreement (MOO ) between Highlands County and Tampa Bay Trane and waiving of the Board Adopted Purchasing Policy located in the Highlands County Purchasing Manual, Section titled Outside Purchases Over $25,000 Request for Proposal (RFP) All Other Products and Services. Ramon Gavarrete, County Engineer, presented the select maintenance agreement and requested to include Budget Amendment with the recommended motion. The Commission addressed their concerns in great detail. Ross Macbeth, Board Attorney, and June Fisher, County Administrator, addressed the issue. Public input was received from John Nelson, John Drennan, Barry Foster, John Drozinski, and Gabriel Read. Commissioner Elwell questioned the cost of the original install. Mr. Gavarrete stated that he was being told that the cost was approximately $49,000. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve the Select Maintenance Agreement (MOO ) between Highlands County and Tampa Bay Trane and waiving of the Board adopted purchasing policy located in the Highlands County Purchasing Manual, Section titled Outside Purchases over $25,000 Request for Proposal (RFP) All Other Products and Services and approve the Budget Amendment Upon roll call, all Commissioners voted aye, except Commissioner Elwell and Commissioner Richie, who voted nay. The motion carried. See Tampa Bay Trane file. B. Board Attorney: Ross Macbeth, Board Attorney, presented a Partial Release of Lien for property on 513 Manor Circle (Unit B-203) in Sebring and explained the issue to the Commission. Commissioner Handley made a motion and Commissioner Brooks seconded the motion, to move to give the Partial Release of Lien on the subject property. Public input was received from John Drennan. Upon roll call, all Commissioners voted aye. The motion carried. See Subdivision file REG

17 BOOK 22 PAGE 426 C. County Administrator: June Fisher, County Administrator, stated that she received information from the County Engineer, regarding item 9A, stating that the purchase price of the chiller was $79, Approval of a Resolution supporting the efforts of the County and units of local government in the newly designated Sebring Avon Park Urbanized Area to create a Regional Transportation Planning Organization (TPO). June Fisher, County Administrator, and Chris Benson, Administrative Projects Manager, presented the request. The Commission addressed their concerns in great detail. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve a Resolution supporting the efforts of the County and units of local government in the newly designated Sebring-Avon Park Urbanized Area to create a Regional Transportation Planning Organization (TPO) and authorize the County Administrator to submit a letter requesting an extension of the designation deadline. Public input was received from Dale Phlug, John Nelson, John Drozinski, Dick Noel, John Drennan, Barry Foster, Gabriel Read, Jerry Kingsbury, and Gingerlee Mitchelllindo. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 25 Page 66 & SMB 96 Page County Administrator s Report. June Fisher, County Administrator, presented the County Administrator s report. See SMB 96 Page WORKSHOP: Administrative Projects Manager: Strategy for Management of County Owned Property. Chris Benson, Administrative Projects Manager, gave a presentation on the Strategy for Management of County Owned Property. The Commission addressed their concerns. Mr. Benson stated that the presentation was for informational purposes only, and that a proposed policy would be brought back at a later time. The Commission thanked Mr. Benson and Ms. Fisher for the presentation. See SMB 96 Page CITIZENS NOT ON THE AGENDA Mr. Joseph Cabeiro came before the Commission to address a noise control issue with barking dogs close to his property. Mr. Cabeiro stated that he has already contacted the Animal Control Department and the Sebring Police Department and his issue has not been resolved. June Fisher, County Administrator, stated that she has already met with Mr. Cabeiro and that she is looking into the available options. Ross Macbeth, Board Attorney, stated that if the property was not within the County s jurisdiction, then the City of Sebring should look into this, unless it was a matter of animal neglect. Chairman Richie stated that the County Administrator will help Mr. Cabeiro address this issue. Ms. Fisher stated that she will help Mr. Cabeiro contact the proper authorities REG

18 BOOK 22 PAGE COMMISSIONERS Commissioner Handley: No report. Commissioner Harris: No report. Commissioner Brooks: No report. Commissioner Elwell: No report. Commissioner Richie: Commissioner Richie stated that he attended the Aviation Expo this past weekend. 13. ADJOURN The meeting adjourned at 7:46 p.m REG

19 BOOK 22 PAGE 428 REGULAR MEETING OF THE BOARD, FEBRUARY 5, The meeting was called to order at 9:00 a.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present: Commissioner Jack L. Richie Commissioner Ron Handley Commissioner James L. Brooks Commissioner R. Greg Harris Commissioner Don Elwell Also present: June Fisher, County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Nava, Deputy Clerk. 2. INVOCATION The meeting opened with a moment of silence for the recent passing of former commissioner Andy Jackson and a prayer by Commissioner Greg Harris. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commander Fred Arbelo, with the Military Order of the Purple Heart, Chapter # ANNOUNCEMENTS Feb 05 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring, FL Feb 11 8:00 am Executive Committee for the Industrial Development One East Main Street, Avon Park, FL Authority & the Economic Development Commission Feb 12 3:00 pm Planning & Zoning Commission & the Local Planning Boardroom, 600 S. Commerce Ave., Sebring, FL Agency & the Zoning Board of Adjustment Feb 13 7:30 am Industrial Development Authority & Economic SFSC Boardroom, Bldg. F, Avon Park, FL Development Commission Board of Directors Feb 14 1:30 pm Special Magistrate Public Hearing Boardroom, 600 S. Commerce Ave., Sebring, FL A. Other meetings: The grand opening of Congressman Rooney s new office will take place on Friday, February 8, 2012 at 4:00 p.m. The Veterinarian Advisory Committee will meet tonight and on February 12, 2013 at 6:00 p.m. in room 3 of the Bert J. Harris, Jr., Agricultural Center. The Highlands Tea Party will meet tonight at 6:00 p.m. at Homer s restaurant. Guest speaker will be Roger Giatano. Mr. John Drennan stated that a revival is taking place at the Parkway Freewill Baptist Church. The Highlands County Homeowners Association will meet next Monday, February 11, Guest speakers include Mr. Ray Royce and Mr. Kyle Green. 5. CLERK OF THE COURTS: No report. 6. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: No announcements REG

20 BOOK 22 PAGE RECOGNITIONS, PRESENTATIONS, AND PROCLAMATIONS: Clerk s Director of Accounting: Presentation of the Interim Financial Report of Key Operating Measures as of December 31, Tasha Morgan, Clerk of Courts Accounting Director, presented the Interim Financial Report of Key Operating Measures as of December 31, Commissioner Elwell questioned the collection agency used for recovery of EMS balances. Harvey Craven, EMS Director, addressed his concerns and stated that the company they use has a great success rate in collection percentages. The Commission thanked Ms. Morgan for the presentation. See Clerk s Financial Reporting file. 8. CONSENT AGENDA (1): Commissioner Handley requested a brief explanation on item 8E. Ramon Gavarrete, County Engineer, addressed his concerns. Commissioner Elwell questioned item 8F. June Fisher, County Administrator, addressed his concerns. Commissioner Elwell requested that a letter be sent to the applicants that do not get selected, regarding item 8D, thanking them for applying and informing them of other committee vacancies they might be interested in. Ms. Fisher stated that committee vacancies would be added to the letter sent to applicants that do not get selected for a committee. Public input was received from John Drennan and Ray Royce. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to accept the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits February 5, See Check Report 2013 file. GENERAL FUND 2,590, COUNTY TRANSPORT TRUST 14, E911 OPRERATIONS FUND 74, LOCAL GOVT INFRA SURTAX 39, TOURIST DEV TRUST FUND SEBRING PARKWAY MAINT 1, STATE COURT FACILITIES TF 1, COURT TECH (12) (E) 1 2, BUILDING FUND SOLID WASTE 187, ENERGY RECOVERY 45, B. Request approval of the minutes of the regular Board of County Commissioners meetings for January 15 and 22, See Clerk of Courts website. C. Request approval to waive the County s Two-Step Disposal process, declare indicated lists of Library Materials Surplus, and allow designated materials to be donated to Avon Park Friends of the Library, a Florida Non-Profit Corporation. See SMB 96 Page REG

21 BOOK 22 PAGE 430 D. Concerning the Hospital District Board, request approval to appoint Rebecca Sroda to serve the remainder of an unexpired term to end January 1, 2015; and to appoint Bette Tiernan to serve a four-year term to end on January 1, 2017; and to reappoint Rick Ingler to serve a four-year term to end on January 1, See SMB 96 Page 35. E. Request approval of the Highlands County Assignment and Amendment Agreement between Highlands County and the State of Florida, Department of Transportation for the State Road 70 Improvements Project #10060, ITB No See Florida Department of Transportation file. F. Request approval of Resolution & Budget Amendment for the Overall Extension Advisory Committee, with a fiscal impact of $6, See Budget Amendment 2013 file, Res. Book 25 Page 68 & SMB 96 Page 36. G. Request approval of Resolution & Budget Amendment to reduce grant amount for portion expended in FY11-12 (Sheriff s Office request). See Budget Amendment 2013 file, Res. Book 25 Page 69 & SMB 96 Page 37. H. Request approval of Resolution & Budget Amendment for Supervisor of Elections Projects & Federal Elections Activities Grants, with a fiscal impact of $5.63 to adjust budget for interest earnings for October 2012 (Supervisor of Elections request). See Budget Amendment 2013 file, Res. Book 25 Page 70 & SMB 96 Page CONSENT AGENDA (2): A. Request approval to pay all bills with voting conflicts. There being no further bills with voting conflicts, this item was not motioned for approval. 9. PUBLIC HEARING: Public Hearing to consider a Resolution to vacate a portion of the 20 foot road alley lying along the south boundary line of Lot 5 and east boundary line of Lot 15 in Placid Lakes Industrial Park. Ramon Gavarrete, County Engineer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Chairman Richie opened the floor to the public. Public input was not provided. Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to approve that portion of the foot road (alley), as described in the attached Resolution, be vacated, abandoned, discontinued, and closed, and all rights of the County and the public, in and to the section of the road (alley) and any lands in connection therewith, be and they are hereby renounced and disclaimed. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 25 Page 71 & SMB 96 Page REG

22 BOOK 22 PAGE PUBLIC HEARING: Public Hearing to consider a Resolution to vacate a portion of 9 th Street, lying south of the Bluffs on Red Beach Lake, as described in the attached Resolution. Ramon Gavarrete, County Engineer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Attorney Pam Karlson, representing the petitioner, addressed the request and entered three (3) photographs into the record. Ross Macbeth, Board Attorney, addressed the issue. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve that portion of 9 th street lying south of the Bluffs on Red Beach, as described in the attached Resolution, be vacated, abandoned, discontinued, and closed, and all rights of the County and the public, in and to the section of the road and any lands in connection therewith, be and they are hereby renounced and disclaimed. Public input was received from Bill Youngman and Rick Ingler. The Commission discussed the issue. Upon roll call, all Commissioners voted aye, except Commissioner Brooks, who voted nay. The motion carried. See Res. Book 25 Page 72 & SMB 96 Page ACTION: June Fisher, County Administrator, requested to pull item 11C-2 from the agenda and to add an additional item under County Administrator as item 11E-3. After deliberation, the Commission concurred to leave item 11C-2 on the agenda for discussion. Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to set the action agenda with the addition of item 11E-3, as stated. Upon roll call, all Commissioners voted aye. The motion carried. A. Parks & Natural Resources Director: 1. Request approval of Budget Amendment as recommended by the Recreation & Parks Advisory Committee (RPAC) for additional funding of the installation of sheet piling at Veteran s Beach, joint with City of Sebring, with a fiscal impact of $1, Vicki Pontius, Parks & Natural Resources Director, presented the request. Scott Noethlich, City of Sebring Administrator, addressed the Commission. Public input was received from Bill Youngman. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve the RPAC recommendation of the additional expenditure of up to $1,733, or a 1/3, 1/3, 1/3 cost-share, for the installation of sheet piling at Veteran s Beach, along with Budget Amendment A revised Interlocal Agreement will be presented to the Board at a future date. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2013 file & SMB 96 Page REG

23 BOOK 22 PAGE Request approval of Budget Amendment as recommended by the Recreation & Parks Advisory Committee (RPAC) for partial funding for the remodeling of the locker room at Memorial Field, joint with the City of Avon Park, AP Youth Football and Champions Club, with a fiscal impact of $32, Vicki Pontius, Parks & Natural Resources Director, presented the request. Maria Sutherland, Administrative Services Director for the City of Avon Park, addressed the Commission. Public input was received from John Drennan. The Commission discussed the issue in detail. Commissioner Brooks made a motion and Commissioner Harris seconded the motion, to move to approve the RPAC recommendation of $32,015 for remodeling of the locker room at Memorial Field, along with Budget Amendment An Interlocal Agreement will be presented to the Board at a future date. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2013 file & SMB 96 Page 42. B. Development Services Director: Request approval to waive the 90-day termination clause for the Interlocal Agreement with the City of Avon Park for planning and zoning services. Mark Hill, Development Services Director, presented the request. Commissioner Handley made a motion and Commissioner Brooks seconded the motion, to move to waive the 90-day termination clause in the Interlocal Agreement for planning and zoning services between Highlands County, Florida, and the City of Avon Park, Florida. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 96 Page 43. C. Administrative Project Manager: 1. Request approval of Change Order #1 to Communications Systems Agreement with Motorola Solutions, Inc., for the Public Safety 800 MHZ Radio System and Budget Amendment Chris Benson, Administrative Projects Manager, presented the request. The Commission expressed their concerns. Commissioner Handley made a motion and Commissioner Elwell seconded the motion, to move to approve Change Order #1 to the communications system agreement, with Motorola Solutions, Inc., for the Public Safety 800 MHz Radio System and Budget Amendment ; and move to approve Antenna Consolidation work proposed by Electronic Maintenance and Communications, Inc. (EMCI), and waiving the Board s adopted purchasing policy located in the Highlands County Purchasing Manual, Section titled Outside Purchases (Over $25,000) Formal Competitive Process. Upon roll call, all Commissioners voted aye. The motion carried. See Motorola Solutions, Inc. file & SMB 96 Page REG

24 BOOK 22 PAGE Request approval of an Interlocal Agreement with the City of Avon Park for the design and construction of a drainage project for the purposes of mitigating flooding conditions at the Avon Park Executive Airport, with a fiscal impact of $250, Chris Benson, Administrative Projects Manager, presented the request. Maria Sutherland, Administrative Projects Director for the City of Avon Park, addressed the request. Ross Macbeth, Board Attorney, addressed the issue and presented a revised Interlocal Agreement. The Commission expressed their concerns in detail. Commissioner Harris made a motion and Commissioner Brooks seconded the motion, to move to approve an Interlocal Agreement with the City of Avon Park for the design and construction of a drainage project for the purposes of mitigating flooding conditions at the Avon Park Executive Airport, with a fiscal impact of up to $250, Upon roll call, all Commissioners voted aye. The motion carried. See City of Avon Park file. D. Board Attorney: No report. E. County Administrator: 1. Approval of Budget Amendment for Unemployment charges for various departments, with a fiscal impact of $6, from Reserve for Contingency. June Fisher, County Administrator, presented the request. Commissioner Handley made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2013 file & SMB 96 Page County Administrator s Report. June Fisher, County Administrator, presented the County Administrator s report. The Commission thanked Ms. Fisher. See SMB 96 Page Request authorization and approval of travel and reimbursement for Commissioner Don Elwell to attend out-of-county events on behalf of the Highlands County Tourist Development Council. June Fisher, County Administrator, presented the request. Commissioner Elwell commented on the request. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to authorize and approve travel and reimbursement for Commissioner Don Elwell to attend out-of-county event on behalf of the Highlands County Tourism Development Council REG