BOOK 22 PAGE 232 REGULAR MEETING OF THE BOARD, MAY 15, 2012

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1 BOOK 22 PAGE 232 REGULAR MEETING OF THE BOARD, MAY 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 Barbara Stewart Commissioner Ron Handley Commissioner Don Elwell Commissioner R. Greg Harris Also present: Ricky Helms, County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Nava and Sara Turnbull, Deputy Clerks. 2. Invocation The meeting opened with a prayer by Commissioner Stewart. 3. Pledge of Allegiance The Pledge of Allegiance was led by Commissioner Richie. 4. ANNOUNCEMENTS May 15 3:00 pm Highlands County Soil Conservation District Bert J. Harris, Jr. Agricultural Center Auditorium, 4509 George Blvd., Sebring, FL May 16 10:00 am Istokpoga Marsh Watershed Improvement 311 W. Interlake Blvd., Lake Placid, FL District Advisory Committee May 17 10:00 am Library Advisory Board 319 W. Center Ave., Sebring, FL May 17 10:00 am Lake Istokpoga Management Committee Rm. #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL A. Other meetings: The Sebring Airport Authority will meet on Thursday, May 17, 2012 at 1:00 p.m. The Recreation and Parks Advisory Committee will meet on Thursday, May 17, 2012 at 2:00 p.m. at the Sports Complex. Commissioner Elwell stated that the meeting listed for the Lake Istokpoga Management Committee is actually a workshop on the Watershed Management Plan. The Highlands Tea Party will meet tonight at 6:00 p.m. at Homers restaurant. Ms. Sue Trombino will be a guest speaker. 5. CLERK OF COURTS: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts monthly report for April See SMB 92 Page CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: No announcements. Chairman Richie stated that item 7E would be heard before item 7A.

2 BOOK 22 PAGE RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: A. EMS Director Harvey Craven: Request approval of a Proclamation recognizing May 20-26, 2012 as Emergency Medical Services Week. Harvey Craven, EMS Director, presented the request and read the Proclamation into the record. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the Proclamation as read into the record. 194 & SMB 92 Page 15. B. Mr. Mike Waldron: Video presentation of Commissioner of Agriculture Adam Putnam. Mr. Mike Waldron, with the Florida Farm Bureau, presented a brief video of Commissioner of Agriculture Adam Putnam, put together for the All Florida Ag Show that took place on April 25-26, The Commission thanked Mr. Waldron for presenting the video. C. Dr. Catherine Cornelius: Request approval of a Proclamation designating May 2012 as Historic Preservation Month in Highlands County. Dr. Catherine Cornelius presented the request and read the Proclamation into the record. move to approve the Proclamation as read into the record by Dr. Cornelius. 195 & SMB 92 Page 16. D. Lake Placid Historical Society Depot Museum Director Ms. Kay Tarr: Request approval of a Proclamation designating the Official Showcase Opening followed by a break at 10:30 a.m. for the Ribbon Cutting Ceremony. Councilwoman Debra Worley introduced Ms. Kay Tarr to the Commission. Ms. Tarr read the Proclamation into the record. Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve the Proclamation as read into the record by Ms. Tarr. 196 & SMB 92 Page 17. The meeting was recessed at 9:45 a.m. for the Ribbon Cutting Ceremony and was reconvened at 9:56 a.m. E. Chairman Richie: Read into the record a letter of appreciation. Chairman Richie read into the record a letter of appreciation from Mr. Claude Williams, Jr. from the Church of the Redeemer, regarding the customer service skills provided by Ms. Joedene Thayer and Ms. Sue Buchans, with the Planning Department. The Commission thanked Ms. Thayer and Ms. Buchans for their work. See SMB 92 Page 18.

3 BOOK 22 PAGE CONSENT AGENDA: Commissioner Elwell stated that he had a conflict on the duly authorized bills of May 8, 2012 when the Commission did not meet; which was a payment being made to Alan Jay his current employer. Ross Macbeth, Board Attorney, stated that it would be appropriate for Commissioner Elwell to abstain since the Commission is ratifying the bills that would have been paid in the last meeting when the Commission did not meet. Commissioner Elwell questioned items 8D and 8J. Ricky Helms, County Administrator, addressed item 8D. Tim Mechling, Budget Manager, addressed item 8J. Commissioner Handley questioned items 8E and 8F for clarification. Mr. Helms addressed his concerns. Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda with the exception of the payment to Alan Jay. Upon roll call, all Commissioners voted aye. The motion carried. move to approve the payment to Alan Jay. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits May 15, See Check Report 2012 file. GENERAL FUND 286, COUNTY TRANSPORT TRUST 33, LOCAL GOVT INFRA SURTAX 17, TOURIST DEV TRUST FUND AFFORDABLE HOUSING ASST 5, HOME INITIATIVES PARTNER 33, SPECIAL LAW ENFORCEMENT 1, SEBRING PARKWAY MAINT 2, STATE COURT FACILITIES TF 8, LEGAL AID TRUST FUND 3, COURT TECH (12) (E) BUILDING FUND SOLID WASTE 12, PLACID UTILITIES 17, HIGHWAY PARK UTILITY ENERGY RECOVERY 193, EMPLOYEE BENEFIT FUND 9.86 B. Request approval of the minutes of the Board of County Commissioners meetings for April 17, 24, and May 1, See Clerk of Courts website. C. Request approval to accept into the record the Court-Related and Other Miscellaneous Funds Revenue and Expenditures Summary for the quarter ended March 31, See SMB 92 Page 19.

4 BOOK 22 PAGE 235 D. Request from Lake Placid High School for maintenance assistance on the entrance road behind the baseball field with a fiscal impact of $ See SMB 92 Page 20. E. Request approval of a Satisfaction of Lien on Case Number , 109 Washington Street, Lake Placid, FL. See Subdivision file. F. Request approval of a Satisfaction of Lien on Case Number CE , 9135 Mare Path, Sebring, FL. See Subdivision file. G. Request approval to accept a Special Warranty Deed for the Dedication of Rightof-Way on Palm Way and a Sidewalk Easement Agreement for the Dedication of an Easement at the corner of Palm Way and Grand Prix Drive with no additional fiscal impact. See County Deed file. H. Request approval of an Easement from the School Board of Highlands County for the Sebring Parkway Phase II Project # See County Deed file. I. Request for acceptance of an Easement, an Assignment of Easement, and a Temporary Construction Easement for the Lake Clay Stormwater Retrofit Project #10018 with no additional fiscal impact. See County Deed file. J. Request approval of Resolution & Budget Amendment to close out Project #02072-Landfill Gas Usage & Project No Leachate Recirculation & Gas Collection Expansion to Cell 3A & 3B at elevation 125 and reallocate a total of $254, in funds back to project fund balance. See Budget Amendment 2012 file, Res. Book 24 Page 197 & SMB 92 Page 21. K. Request approval of Budget Amendment for Special Law Enforcement Trust Fund Allocation correction with a fiscal impact of $80, See Budget Amendment 2012 file & SMB 92 Page PUBLIC HEARING: Public Hearing to consider approval of a Resolution to vacate the west feet of Lot 29 and the east feet of Lot 29, Block A, of Lake Jackson Heights. Ramon Gavarrete, County Engineer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve the attached Resolution to vacate the easement as described in the Resolution, effectively closing, vacating, abandoning, and discontinuing all rights of the County and the public in and to the easement, and any lands in connection therewith. 198 & SMB 92 Page 23.

5 10. PUBLIC HEARING: Public Hearing to consider approval of a Resolution to vacate a portion of a 25 foot Easement as shown on Lot 164, Oak Brook according to the Plat thereof as recorded in Plat Book 15, Page 138. Ramon Gavarrete, County Engineer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the attached Resolution to vacate a portion of a 25 foot easement as described in the Resolution, effectively closing, vacating, abandoning, and discontinuing all rights of the County and the public in and to the easement, and any lands in connection therewith. 199 & SMB 92 Page PUBLIC HEARING: Public Hearing to consider adoption of CPA SS, Small Scale Plan Amendment, and P&Z 2000, a Zoning Change for All About Lawns, Inc. Mark Hill, Development Services Director, and Sue Buchans, Planning Supervisor, presented the request. Linda Conrad, Zoning Supervisor, and Joedene Thayer, with the Planning Department, were also present. A Proof of Publication was provided to the Clerk to become part of the permanent record. Ms. Conrad read the captions of the Ordinance and the Resolution into the record. Public input was received from Gabriel Read. Rick Whidden, representing the applicant, stated that the applicant wished to accept the suggestion of the Planning & Zoning Commission to take out the use of a boarding kennel. The Commission discussed the issue in great detail. Commissioner Stewart made a motion to move to approve and adopt by Ordinance CPA SS, amending the Future Land Use Map for approximately 2.13 acres from Agriculture to Commercial with two (2) conditions: The first condition is regarding the lighting, and the second condition states that if the specific use on the property is changed from a lawn care business to any other allowable B-3 use, that central water and wastewater be required at the site. Commissioner Handley seconded the motion for discussion. The Commission discussed the issue further. BOOK 22 PAGE 236 Upon roll call, Commissioner Stewart and Commissioner Richie voted aye. Commissioners Handley, Elwell, and Harris voted nay. The motion failed. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve and adopt by Ordinance CPA SS, amending the Future Land Use Map for approximately 2.13 acres from Ag to Commercial, with conditions; and to adopt by Resolution P&Z 2000, amending the Zoning Atlas for approximately 2.13 acres from AU (Ag District) to B-3 (Business District), referencing the mandatory findings of fact, and transmitting CPA SS to the Florida Department of Economic Opportunity, and becoming effective as provided by law; and noting that the owners have offered to waive the boarding kennel usage on the property.

6 BOOK 22 PAGE 237 Ross Macbeth, Board Attorney, suggested that the motion include amending the Ordinance to prohibit kennels on the property. Commissioner Harris made the amendment to his motion as suggested by Mr. Macbeth. Commissioner Elwell seconded the amendment. Upon roll call, all Commissioners voted aye, except Commissioner Stewart and Commissioner Richie, who voted nay. The motion carried. See Comprehensive Plan Amendment file, Res. Book 24 Page 200 & Ordinance Book ACTION: Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried. A. County Engineer: Request approval of a Planning Advisory Services Agreement between Central Florida Regional Planning Council and the Highlands County Board of County Commissioners to assist in Phase II of the update to the Transportation Concurrency Management System with a fiscal impact of $30, Ramon Gavarrete, County Engineer, and Patricia Steed, Executive Director of the Central Florida Regional Planning Council, presented the request. move to approve the Planning Advisory Services Agreement with the Central Florida Planning Council to assist in Phase II of the update to the Transportation Concurrency Management System. Upon roll call, all Commissioners voted aye. The motion carried. See Central Florida Regional Planning Council file. B. Development Services Director with Ms. Patricia M. Steed, Executive Director, Central Florida Planning Council: Request approval of a Planning Advisory Services (PAS) Agreement with the Central Florida Regional Planning Council (CFRPC) so as to assist the County in the preparation of amendments to the Land Development Regulations (LDRs) for the unincorporated area of the County known as the Greater Lake Placid Planned Vision Overlay (GLPPVO). Mark Hill, Development Services Director, Patricia Steed, Executive Director, and Jennifer Codo-Salisbury, Planning Director of the Central Florida Planning Council, presented the request. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the Planning Advisory Services Agreement with the Central Florida Regional Planning Council so as to create Land Development Regulations for the unincorporated area of the County known as the Greater Lake Placid Planned Vision Overlay. Upon roll call, all Commissioners voted aye. The motion carried. See Central Florida Regional Planning Council file.

7 BOOK 22 PAGE 238 Break: 11:03 a.m. to 11:09 a.m. C. Dr. James Waller: Request for the Highlands County Veterinarians to present a proposal for Animal Control. Dr. James Waller, on behalf of the Highlands County veterinarians, came before the Board to present a proposal for the Highlands County Animal Control. Dr. Bill Jernigan, Dr. Jennifer Waltman, Dr. Aaron Peavy, and Dr. Liz Steele, were also present. The Commission discussed the issue in great detail. Public input was received from John Cossi. Ricky Helms, County Administrator, provided input regarding the discussion at the staff level. The Commission decided to go directly into the next issue to consider the Animal Control Advisory Committee and then to discuss having a workshop regarding the Animal Control ordinance. See SMB 92 Page 25. D. Assistant County Administrator: Request to approve seven (7) members from the attached list to serve on the Animal Control Advisory Committee. June Fisher, Assistant County Administrator, presented the request. Commissioner Stewart suggested limiting the committee to five (5) members. The Commission came to a consensus to limit the committee to five (5) members. The Commission concurred to not have a staff member be part of the committee and to limit the At Large slot to one (1) member. Being that there was one individual listed under each of the following slots: Rescue; Veterinarian; and Humane Society, the Commission decided to rank the individuals listed under the Animal Professional slot and the At Large slot. The Commission ranked the four (4) candidates listed under the Animal Professional slot. Ross Macbeth, Board Attorney, tallied the votes and stated that there was a tie between Ms. Dana McPherson and Mr. Earl Ellerbee. See SMB 92 Page 26. To break the tie, the Commission voted again. Mr. Macbeth tallied the votes and stated that the candidate with the majority of votes was Ms. Dana McPherson. See SMB 92 Page 27. The Commission concurred to vote for the top two (2) candidates of their choice listed under the At Large slot. Mr. Macbeth tallied their votes and stated that the top candidates voted for were Ms. Gini Shevik, Ms. Twyla Ostrowski, Rick Wiegand, and Deidra Marrs. See SMB 92 Page 28. The Commission concurred to select one individual out of the four. move to appoint Rick Weigand. Chairman Richie stated that he believes Ms. Twyla Ostrowski has excellent qualifications. Commissioner Elwell concurred. Commissioner Stewart withdrew her motion and Commissioner Harris withdrew his second. The Commission concurred to take another vote between Mr. Rick Weigand and Ms. Twyla Ostrowski. Mr. Macbeth tallied the votes and stated that the candidate with the majority of votes was Ms. Twyla Ostrowski. See SMB 92 Page 29.

8 BOOK 22 PAGE 239 move to appoint the creation of an Animal Control Advisory Committee and further, to appoint the following five (5) members to serve on this advisory committee: Teri Ann Dosil, Mark Griffin, Judy Spiegel, Dana McPherson, and Twyla Ostrowski. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 92 Page 30. The Commission concurred to hold a workshop to discuss the Animal Control ordinance on the 4 th Tuesday in June. Public input was received from Dale Gillis, Gene Reese, and Bill Youngman. E. Mr. Bob Swaine: 1. Request approval to appoint a voting member to the Health Facilities Authority for a four-year term to expire on July 2, Mr. Bob Swaine, representing the Health Facilities Authority, presented the request. Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to appoint Patricia Borst to the Health Facilities Authority effective July 3, 2012, and that this 4-year term will expire July 2, Upon roll call, all Commissioners voted aye. The motion carried. See SMB 92 Page Request to approve the Resolution of the Board of County Commissioners of Highlands County, Florida approving the issuance by the Highlands County Health Facilities Authority (the Authority ) of its Health Facilities Revenue Bonds (Adventist Health System/Sunbelt, Inc., a Florida not-for-profit corporation), and certain affiliated not-for-profit corporations. Mr. Bob Swaine, representing the Health Facilities Authority, presented the request. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Resolution of the Board of County Commissioners of Highlands County, Florida approving the issuance by the Highlands County Health Facilities Authority of its Health Facilities Revenue Bonds (Adventist Health System/Sunbelt, Inc., a Florida not-forprofit corporation), and certain affiliated not-for-profit corporations. 201 & SMB 92 Page 32. F. County Engineer: 1. Request approval of Procedures and Policy for requesting the temporary closing/special use of a County road and Resolution amending the fee schedule for the Highlands County Engineer. Ramon Gavarrete, County Engineer, presented the request. The Commission expressed their concerns. Public input was received from Ray Royce. The Commission came to a consensus to table this item to allow for Mr. Gavarrete to meet and acquire input from the municipalities. See SMB 92 Page 33.

9 BOOK 22 PAGE Request approval of the Transportation Operational & Safety Improvements Program (TOSIP) with a 2011/2012 fiscal impact of $150, and a 2012/2013 fiscal impact of $200, Ramon Gavarrete, County Engineer, presented the request. Commissioner Harris made a motion and Commissioner Stewart seconded the motion, to move to approve the projects identified for TOSIP in fiscal years 2011/2012 and 2012/2013. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 92 Page 34. G. Board Attorney: No report. H. County Administrator: 1. Request on behalf of the Supervisor of Elections for approval of Resolution & Budget Amendment for the Supervisor Of Elections Project Federal Elections Activities Grant to record $9.57 additional interest revenue on the grant in the second quarter of FY 11/12. Ricky Helms, County Administrator, presented the request. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the Resolution and Budget Amendment , having to do with the Supervisor of Elections project. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2012 file, Res. Book 24 Page 202 & SMB 92 Page Request approval of Budget Amendment from Reserve for Contingency for Unemployment Charges with a fiscal impact of $7, Ricky Helms, County Administrator, presented the request. move to approve Budget Amendment Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2012 file & SMB 92 Page 36. Commissioner Stewart left the meeting at 1:56 p.m. 13. CITIZENS NOT ON THE AGENDA Bill Youngman came before the Board to provide for the record a letter sent to Highlands Today on behalf of the Citizens for Government Accountability regarding the tourist tax. See SMB 92 Page 37.

10 BOOK 22 PAGE COMMISSIONERS: Commissioner Harris: Commissioner Harris commented on the Barnraiser event, the ribbon cutting for the Veranda Breeze complex, the Heartland 5K Triathlon and the Rock n Heartland Youth Triathlon that he attended. Commissioner Elwell: Commissioner Elwell congratulated the organizers of the Heartland 5K Triathlon and the Rock n Heartland Youth Triathlon that took place this weekend. Commissioner Elwell stated that the coming up weekend was the Lake Placid Chamber of Commerce 5K event. Commissioner Elwell stated that he will be absent from the meeting next week as he will be attending his daughter s graduation in Las Vegas. Commissioner Handley: No report. Commissioner Richie: Commissioner Richie commented on the Economic Development Commission Development Day event that he attended. 15. ADJOURN The meeting adjourned at 2:01 p.m.