MINUTES OF BOARD OF COUNTY COMMISSIONERS REGULAR SESSION DECEMBER 18, 2003

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1 MINUTES OF BOARD OF COUNTY COMMISSIONERS REGULAR SESSION DECEMBER 18, 2003 The Board of County Commissioners of Okeechobee County, Florida met in regular session at 9:00 a.m. on Thursday, December 18, 2003 in County Commission Chambers, Courthouse, Okeechobee, Florida. Chair Betts presided with the following members present: Commissioners Hazellief, Woods, Abney and Harvey. Also present were: County Administrator George Long, County Attorney John Cassels and Deputy Clerk Debra Lewis. Chair Betts called the meeting to order. Reverend Hudson offered the invocation, after which County Attorney Cassels led the Pledge of Allegiance. AGENDA REVISIONS Chair Betts requested additions and/or deletions to the agenda for this session. County Administrator Long presented the following: Requested to delete Item #26, Uniform Method of Collecting Non Ad-Valorem Assessments from Consent Agenda and reincorporated into the regular agenda as Item #7A Chair Betts announced that Item #26 would be deleted from the Consent Agenda and reincorporated into the agenda as Item #7A. Additional Item Donation of Fire Truck County Administrator Long advised that Pahokee Fire Department had inquired into Okeechobee County s interest in receiving the donation of a fire truck taken out of service there last month. The truck is a 1980 International Tanker with a 1,500 gallon poly tank and having less than 7,000 miles on it, new tires, the engine and pump reportedly being operational. It was noted that there was no rust on the truck cab and the body is all aluminum. Acceptance of the 1980 International tanker from Pahokee Fire Department would allow the County to dispose of a 1979 International tanker which is in poor condition. The 1979 truck is on loan from Division of Forestry and will be returned to that agency. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO ACCEPT THE DONATION OF A 1980 INTERNATIONAL TANKER FIRE TRUCK FROM PAHOKEE FIRE DEPARTMENT FOR USE IN THE FIRE RESCUE DEPARTMENT. 1 SECONDED BY COMMISSIONER

2 HARVEY. MOTION CARRIED UNANIMOUSLY. Additional Item Resolution Conveying Surplus Property to Coquina Water Control District Staff recommended the Board of County Commissioners adopt Resolution declaring surplus property in Viking and allowing for conveyance of said property to Coquina Water Control District. Staff also recommended the Board of County Commissioners authorize the Chairman to execute the quit claim deed from Okeechobee County to Coquina Water Control District for said surplus property. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO ADOPT RESOLUTION DECLARING SURPLUS PROPERTY IN VIKING; ALLOWING FOR CONVEYANCE OF SAID PROPERTY TO COQUINA WATER CONTROL DISTRICT. HE FURTHER MOVED TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE QUIT CLAIM DEED FROM OKEECHOBEE COUNTY TO COQUINA WATER CONTROL DISTRICT FOR SAID SURPLUS PROPERTY. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. Confirmed receipt of faxed material containing information which may come before the Board of County Commissioners during the upcoming workshop with Okeechobee Development Authority (ODA). County Attorney Cassels advised of his communication with ODA Attorney Deborah Hooker regarding intent by the ODA to engage long-term lease agreements prior to the workshop with the Board of County Commissioners. There was brief discussion regarding reason for scheduling the workshop. County Attorney Cassels requested that Chair Betts execute several deeds for properties sold at the most recent auction of County surplus property. 1. APPROVAL OF MINUTES OCTOBER 23, 2003 Chair Betts requested the Board of County Commissioners consider approval of the minutes from the regular session of October 23, MOTION WAS MADE BY COMMISSIONER HARVEY TO APPROVE MINUTES FROM THE REGULAR SESSION OF OCTOBER 23, 2003 AS PRESENTED. SECONDED BY COMMISSIONER ABNEY. MOTION CARRIED UNANIMOUSLY. 2

3 2. PUBLIC HEARING REQUEST TO ABANDON THE COUNTY S INTEREST IN A PORTION OF AN EASEMENT IN SEMINOLE COVE CONDOMINIUM PETITION ABD; PATRICIA J. FELVER, TRUSTEE, APPLICANT Planning Director William Royce announced commencement of the public hearing to accept input from interested parties and to consider a request to abandon a portion of the an easement in Seminole Cove Condominium as set forth in Petition ABD; Patricia J. Felver, Trustee, Applicant. Mr. Royce presented background information regarding the property and advised of its intended use by the owner, should the Board of County Commissioners grant the request. The applicant provided letters from Adelphia Cable, Florida Power and Light, Okeechobee Utility Authority, and Sprint Telephone indicating that none of the utility providers object to the requested abandonment. The applicant has also obtained the consent of Seminole Cove Condominium Association, and will likely apply for a variance from setback requirements if the abandonment of easement is granted. Staff recommended the Board of County Commissioners adopt a resolution to abandon any interest it may have in the west 1.5 feet of the utility easement on the east 5 feet of Lot 210, Seminole Cove Condominium, according to the Declaration of Condominium recorded in Official Records Book 289, Page 1580, Public Records of Okeechobee County, Florida. Chair Betts opened the hearing to public comment. There was none. MOTION WAS MADE BY COMMISSIONER HARVEY TO CLOSE THE PUBLIC HEARING. SECONDED BY COMMISSIONER ABNEY. MOTION CARRIED UNANIMOUSLY. MOTION WAS MADE BY COMMISSIONER ABNEY TO ADOPT RESOLUTION ABANDONING ANY INTEREST THE COUNTY MAY HAVE IN THE WEST 1.5 FEET OF THE UTILITY EASEMENT ON THE EAST 5 FEET OF LOT 210, SEMINOLE COVE CONDOMINIUM, ACCORDING TO THE DELCARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 289, PAGE 1580, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. 3

4 3. PUBLIC HEARING REQUEST FOR A CHANGE IN ZONING PETITION R; TOM AND EVA MAE CONELY, APPLICANTS Planning Director William Royce announced commencement of the public hearing to accept input from interested parties and to consider a request for a change in zoning from Residential General (RG) to Agriculture (A) as set forth in Petition R; Tom and Eva Mae Conely, applicants. Mr. Royce presented background information regarding the property and advised of its intended use by the owners, should the Board of County Commissioners grant the request. Staff recommended the Board of County Commissioners grant the request for change in zoning from Residential General (RG) to Agriculture (A) as set forth in Petition R; Tom and Eva Mae Conely, applicants. Chair Betts opened to hearing to public comment. Tom Conely was recognized. Mr. Conely advised of his conviction in requesting the property to be rezoned. Chair Betts invited additional comments. There was none. MOTION WAS MADE BY COMMISSIONER HARVEY TO CLOSE THE PUBLIC HEARING. SECONDED BY COMMISSIONER ABNEY. MOTION CARRIED UNANIMOUSLY. MOTION WAS MADE BY COMMISSIONER ABNEY TO GRANT THE REQUEST FOR A CHANGE IN ZONING FROM RESIDENTIAL GENERAL (RG) TO AGRICULTURE (A) AS SET FORTH IN PETITION R; TOM AND EVA MAE CONELY, APPLICANTS. SECONDED BY COMMISSIONER HAZELLIEF. MOTION CARRIED UNANIMOUSLY. 4. PUBLIC HEARING REQUEST FOR A CHANGE IN ZONING PETITION R; CLYDE AND JUANITA DURRANCE, APPLICANTS Planning Director William Royce announced commencement of the public hearing to accept input from interested parties and to consider the request for a change in zoning from Agriculture (A) to Residential Single Family (RSF) as set forth in Petition R; Clyde and Juanita Durrance, applicants. Mr. Royce presented background information regarding the property and advised of its intended use by the owners, should the Board of County Commissioners grant the request. Staff recommended the Board of County Commissioners grant the request for change in zoning from Agriculture (A) to Residential Single Family (RSF) as set forth in Petition

5 546-R; Clyde and Juanita Durrance, applicants. Chair Betts opened the hearing to public comment. There was none. MOTION WAS MADE BY COMMISSIONER HARVEY TO CLOSE THE PUBLIC HEARING. SECONDED BY COMMISSIONER HAZELLIEF. MOTION CARRIED UNANIMOUSLY. MOTION WAS MADE BY COMMISSIONER ABNEY TO GRANT THE REQUEST FOR A CHANGE IN ZONING FROM AGRICULTURE (A) TO RESIDENTIAL SINGLE FAMILY (RSF) AS SET FORTH IN PETITION R; CLYDE AND JUANITA DURRANCE, APPLICANTS. SECONDED BY COMMISSIONER WOODS. MOTION CARRIED UNANIMOUSLY. 5. PUBLIC HEARING REQUEST FOR A CHANGE IN ZONING PETITION R; SAM FERRELL, APPLICANT Planning Director William Royce announced commencement of the public hearing to accept input from interested parties and to consider a request for a change in zoning from Commercial Recreational Vehicle (C-RV) to Residential General (RG) as set forth in Petition R; Sam Ferrell, applicant. Mr. Royce presented background information regarding the property and advised of its intended use by the owner, should the Board of County Commissioners grant the request. Staff recommended the Board of County Commissioners grant the request for a change in zoning from Commercial Recreational Vehicle (C-RV) to Residential General (RG) as set forth in Petition R; Sam Ferrell, applicant. Chair Betts opened the hearing to public comment. There was none. MOTION WAS MADE BY COMMISSIONER HARVEY TO CLOSE THE PUBLIC HEARING. SECONDED BY COMMISSIONER HAZELLIEF. MOTION CARRIED UNANIMOUSLY. MOTION WAS MADE BY COMMISSIONER ABNEY TO GRANT THE REQUEST FOR A CHANGE IN ZONING FROM COMMERCIAL RECREATIONAL VEHICLE (C-RV) TO RESIDENTIAL GENERAL (RG) AS SET FORTH IN PETITION R; SAM FERRELL, APPLICANT. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. 5

6 6. PUBLIC HEARING REQUEST FOR A CHANGE IN ZONING PETITION R; BRAD GOODBREAD, APPLICANT Planning Director William Royce announced commencement of the public hearing to accept input from interested parties and to consider a request for a change in zoning from Commercial (C) to Residential Single Family (RSF) as set forth in Petition R; Brad Goodbread, applicant. Mr. Royce presented background information regarding the property and advised of its intended use by the owner, should the Board of County Commissioners grant the request. Staff recommended the Board of County Commissioners grant the request for a change in zoning from Commercial (C) to Residential Single Family (RSF) as set forth in Petition R; Brad Goodbread, applicant. Chair Betts opened the hearing to public comment. There was none. MOTION WAS MADE BY COMMISSIONER HARVEY TO CLOSE THE PUBLIC HEARING. SECONDED BY COMMISSIONER HAZELLIEF. MOTION CARRIED UNANIMOUSLY. Commissioner Hazellief announced that he would abstain from the vote, as it represented a conflict of interest for him. He confirmed that he would complete and file the necessary Conflict of Interest form at the conclusion of this session. MOTION WAS MADE BY COMMISSIONER ABNEY TO GRANT THE REQUEST FOR A CHANGE IN ZONING FROM COMMERCIAL (C) TO RESIDENTIAL SINGLE FAMILY (RSF) AS SET FORTH IN PETITION ; BRAD GOODBREAD, APPLICANT. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED BY A VOTE OF FOUR (4) TO ZERO (0). (Commissioner Hazellief abstained from the vote.) 7. PUBLIC HEARING EVALUATION AND APPRAISAL REPORT OF THE ADOPTED OKEECHOBEE COUNTY COMPREHENSIVE PLAN Planning Director William Royce announced commencement of the public hearing to accept input from interested parties and to consider adoption of a resolution adopting the Evaluation and Appraisal Report (EAR) of the Okeechobee County Comprehensive Plan and to authorize transmittal to the various state and regional review agencies. Jim Larue, Florida Counties Foundation of the Florida Association of Counties, was recognized. Mr. Larue distributed information relating to the County s response to Department of Community Affairs Review comments regarding the Okeechobee County EAR. He further 6

7 advised commissioners of particular responses within the report and urged the scheduling of workshops before holding the public hearing to consider final adoption of the EAR. Chair Betts requested, and received from Mr. Larue, information concerning the available opportunities for Okeechobee County to apply for historic properties within the county to be placed on the National Registry of Historic Buildings. Chair opened the hearing to public comment. There was none. MOTION WAS MADE BY COMMISSIONER HARVEY TO CLOSE THE PUBLIC HEARING. SECONDED BY COMMISSIONER ABNEY. MOTION CARRIED UNANIMOUSLY. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO ADOPT RESOLUTION ADOPTING THE EVALUATION AND APPRAISAL REPORT (EAR) OF THE OKEECHOBEE COUNTY COMPREHENSIVE PLAN AND TO AUTHORIZE ITS TRANSMITTAL TO THE VARIOUS STATE AND REGIONAL REVIEW AGENCIES. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. Mr. Larue requested to schedule a workshop date in January 2004 to discuss issues associated with final adoption of the EAR. There was brief discussion. Planning Director Royce suggested scheduling the workshop for January 22, 2004 at 2:00 p.m. 7A. UNIFORM METHOD OF COLLECTING NON AD-VALOREM ASSESSEMENTS County Attorney Cassels announced commencement of the public hearing to accept input from interested parties and to consider adoption of a resolution authorizing use of the Uniform Method for the levy, collection and enforcement of non-ad valorem assessments beginning with the 2004 fiscal year. Staff recommended the Board of County Commissioners conduct a public hearing and consider adoption of the proposed resolution authorizing use of the Uniform Method for the levy, collection, and enforcement of non-ad valorem assessments beginning with the 2004 fiscal year. Chair Betts requested, and received from County Attorney Cassels, reasons for conducting the public hearing and for adopting the resolution. Chair opened the hearing to public comment. There was none. 7

8 MOTION WAS MADE BY COMMISSIONER WOODS TO CLOSE THE PUBLIC HEARING. SECONDED BY COMMISSIONER ABNEY. MOTION CARRIED UNANIMOUSLY. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO ADOPT RESOLUTION AUTHORIZING USE OF THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON-AD VALOREM ASSESSMENTS BEGINNING WITH THE 2004 FISCAL YEAR. SECONDED BY COMMISSIONER WOODS. MOTION CARRIED UNANIMOUSLY. 8. REQUEST FOR FINAL PLAT APPROVAL K-BAR G RANCHES SUBDIVISION Planning Director William Royce advised commissioners regarding the request for final plat approval for K-Bar G Ranches subdivision as set forth in Petition DP; Keith Goodbread, property owner and applicant. Staff recommended the Board of County Commissioners approve the final plat of K-Bar G Ranches subdivision as requested. MOTION WAS MADE BY COMMISSIONER HARVEY TO APPROVE THE FINAL PLAT FOR K-BAR G RANCHES SUBDIVISION. SECONDED BY COMMISSIONER HAZELLIEF. MOTION CARRIED UNANIMOUSLY. 9. REQUEST FOR PRELIMINARY PLAT APPROVAL COUNTRY HILLS RANCHES Planning Director William Royce advised commissioners regarding the request for preliminary and/or final plat approval for Country Hills Ranches subdivision as set forth in Petition DP; Gagbee, Inc., property owner, Brad Goodbread, applicant. Staff recommended the Board of County Commissioners approve the preliminary and/or final plats for Country Hills Ranches subdivision. Commissioner Hazellief announced that he would abstain from the vote as it represented a conflict of interest for him. He further confirmed that he would complete and file the necessary Conflict of Interest form at the conclusion of this session. MOTION WAS MADE BY COMMISSIONER ABNEY TO APPROVE THE PRELIMINARY AND FINAL PLATS FOR COUNTRY HILLS RANCHES SUBDIVISION, SUBJECT TO THE REVIEW AND APPROVAL BY COUNTY ATTORNEY FOR REQUIRED DOCUMENTATION. 8

9 SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED BY A VOTE OF FOUR (4) TO ZERO (0). (Commissioner Hazellief abstained from the vote.) 10. BETTY WILLIAMSON OKEECHOBEE HISTORICAL SOCIETY County Administrator Long advised that Betty Williamson, Okeechobee Historical Society, had requested to appear before the Board of County Commissioners to discuss preservation of the Old Jail. Betty Williamson was recognized. Ms. Williamson presented historical highlights of the old jail facility in Okeechobee County, constructed in 1919 and located one block northwest of the current courthouse facility. Ms. Williamson requested the county work first to repair severe damage to the old jail roof area until such time as restoration of the entire building can commence. She also recommended a committee be created to initiate efforts for its restoration. Commissioner Woods advised that an engineer had inspected the old jail structure in the early 1990 s, reporting that efforts to renovate/restore would be very costly. During discussion on this subject, County Administrator Long advised that it had been determined at that time that the building was very deteriorated inside and the roof in dire need of replacement. Chair Betts advised that Okeechobee County had been aware for quite some time of the poor condition of the building. He further encouraged preservation of Okeechobee County s historical heritage and noted the significance of keeping intact, the only three (3) jail facilities ever existing in Okeechobee County. It was the consensus of the Board of County Commissioners to appoint a committee to determine and report to the Board of County Commissioners, the extent of damage / deterioration to the old jail building and the feasibility of various options available for its preservation. It was the further consensus of the Board of County Commissioners to direct staff to schedule the first meeting of said committee. Chair Betts appointed the following to serve on the aforementioned committee: Commissioner Abney Betty Williamson County Attorney John Cassels 9

10 Code Compliance Director Arnold Verwey Senior Circuit Judge William Hendry Cossie Conrad, son of former Sheriff whose family resided in the old jail facility Phoebe Raulerson City Councilman Noel Chandler 11. TONY STARK OKEECHOBEE CONTRACTOR S ASSOCIATION County Administrator Long advised that Tony Stark, Okeechobee Contractor s Association, had requested to appear before the Board of County Commissioners to discuss issues relating to the proposed skate park. Staff recommended the Board of County Commissioners receive comments from Tony Stark. John O Connell, Okeechobee Contractor s Association President, was recognized. Mr. O Connell distributed copies of a proposal for construction of the anticipated skate park. At the request of commissioners, Mr. O Connell elaborated on proposal costs. He advised that public donations and other means of raising funds will be used for any portion of the project not funded at this point. There was discussion between commissioners and Mr. O Connell regarding future vision for the facility. Mr. O Connell advised commissioners regarding a recommendation to require parents/guardians to sign waivers for those using the park who are under the age of 18. He further advised of recommended boundaries and the use of fences to separate the park from other areas. There was discussion between Chair Betts and Jill Rogers, Communities in Schools, as to whether park users should/should not be charged a fee. There was additional discussion with regard to the following: The need for signed waivers for those under 18 years of age Necessary liability insurance coverage Commissioner Harvey commended those involved for their work thus far to bring to fruition, construction of a skate park in the community. In response to Chair Betts inquiry, Mr. O Connell advised that the new park could be completed by March Commissioner Abney requested that staff be asked to draft an agreement between Okeechobee County and Okeechobee Contractor s Association regarding this project. County 10

11 Attorney Cassels stressed the importance of working to develop a detailed agreement between the parties to ensure a clear understanding of expectations and responsibilities. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO APPROVE THE CONCEPT OF THE PROPOSED SKATE PARK, SUBJECT TO THE APPROVAL OF AN AGREEMENT FOR OPERATION OF THE PARK, CONCESSIONS, AND OWNERSHIP/USE OF THE EQUIPMENT. HE FURTHER MOVED TO DIRECT STAFF TO MAKE APPROPRIATE RECOMMENDATION(S) TO THE BOARD OF COUNTY COMMISSIONERS FOLLOWING REVIEW OF THE PROPOSAL(S). SECONDED BY COMMISSIONER WOODS. MOTION CARRIED UNANIMOUSLY. RECESS 12. CONSIDERATION OF AGREEMENT WITH CURREN ELECTRIC FOR AIRPORT LIGHTING AND ELECTRIC SYSTEM MAINTENANCE AT OKEECHOBEE AIRPORT County Administrator Long advised that the existing electrical maintenance contract for the Airport Lighting and Electric System Maintenance at Okeechobee Airport expires December 31, Seven (7) firms responded to the advertisement for sealed bids placed by Okeechobee Development Authority (ODA) on November 25, Curren Electric submitted a base bid for annual services in the amount of $12, , plus a specific rate for replacement of each item associated with the contract (wind sock, runway lights, signs, etc.) At its regular meeting on December 9, 2003, the ODA Board of Directors discussed the bid and voted to recommend to the Board of County Commissioners that the bid be accepted from Curren Electric Company and that the county execute an agreement, effective January 01, It was noted the bid represents an increase of $ per month for the services. Staff recommended the Board of County Commissioners accept the bid submitted by Curren Electric Company and execute the contract as recommended by the ODA Board of Directors. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO AWARD BID, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT WITH CURREN ELECTRIC 11

12 COMPANY FOR AIRPORT LIGHTING AND ELECTRIC SYSTEM MAINTENANCE AT OKEECHOBEE AIRPORT. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. 13. CONSIDERATION OF AGREEMENT WITH AVCON, INC. FOR PROFESSIONAL ENGINEERING SERVICES PERTAINING TO THE REHABILITATION OF RUNWAY 5/23 County Administrator Long advised that Okeechobee County received a grant from both the Florida Aeronautics Administration (FAA) and Florida Department of Transportation (FDOT) to secure ninety-five percent (95%) of the cost of design, engineering and construction for the rehabilitation of runway 5/23. The project is scheduled to extend over three (3) fiscal years to minimize the annual dollar outlay each year. Avcon, Inc., Okeechobee Airport engineering firm of record, has submitted a proposal for the first phase of the project (design) in the amount of $83,630. The proposal has been approved by FAA and FDOT contingent upon approval from the Board of County Commissioners. The Okeechobee Development Authority (ODA) Board of Directors, at their regularly scheduled meeting on December 9, 2003, voted in favor of the proposal and recommended that the Board of County Commissioners consider approval and execution of the contract with Avcon, Inc. for rehabilitation of runway 5/23. Staff recommended the Board of County Commissioners accept the proposal in the amount of $83,630 and execute the contract as recommended by the ODA Board of Directors. Commissioner Hazellief advised of his concern for the cost of the proposal and services to be completed. There was brief discussion concerning this matter. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO ACCEPT THE PROPOSAL FROM AVCON, INC. IN THE AMOUNT OF $83,630 FOR PROFESSIONAL ENGINEERING SERVICES PERTAINING TO THE REHABILITATION OF RUNWAY 5/23 AT OKEECHOBEE AIRPORT. HE FURTHER MOVED TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT WITH AVCON, INC. FOR THE SAME. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. 12

13 14. RATIFICATION OF GRINDER PURCHASE FOR COUNTY JAIL County Administrator Long advised the County Jail had experienced problems over the years with the sewage lift station, having items flushed and clogging the pumps. Measures taken to screen the waste were unsuccessful. After a meeting between county staff and the Sheriff, recommendation was made to purchase and install a grinder in the lift station system. The Sheriff pursued the project with funding already budgeted in his FY 2002/2003 budget and staff was in agreement with the course of action. However, the project was not completed by the end of FY 2002/2003 and funds for the project were not carried forward, but were instead re-budgeted in FY 2003/2004 under Capital Improvement Projects. To date, the grinder has been received and the majority of electrical work associated with the project has been completed. Installation of the grinder will be coordinated with the plumber, electrician and the company providing the grinder equipment. In an attempt to provide prompt payment for the grinder and electrical work completed to date, the County Administrator approved the requests for payment on December 08, 2003 as follows: JWC Environmental for grinder $19, Echols Enterprises for installation $ 4, Cyber Electric to replace lift station main panel $11, ($ 7, paid by jail) Cyber Electric to install grinder panel $ 2, Staff recommended the Board of County Commissioners ratify the County Administrator s actions to allow payments for items received or work completed for the lift station at the County Jail. There was discussion as to how the project was initiated and of its progression into a more complicated project than originally thought. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO RATIFY THE COUNTY ADMINISTRATOR S APPROVAL OF PAYMENTS FOR ITEMS RELATING TO SEWER SYSTEM IMPROVEMENTS AT THE COUNTY JAIL. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. 15. APPROVAL TO SUBMIT OKEECHOBEE COUNTY S LOCAL AGRENCY PROGRAM APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR CERTIFICATION County Administrator Long advised that due to the number of projects and downsizing 13

14 which has occurred within Florida Department of Transportation (FDOT), funds have been provided for many smaller an/or simpler projects, allowing local governments the opportunity to complete projects themselves and submit invoices for reimbursement of costs incurred. However, the use of federal funds requires that a local government be Local Agency Program (LAP) certified prior to receiving funds for any project. Federally funded projects currently exist in the work plan for Okeechobee County and LAP certification must be obtained before work can begin on these particular tasks. Staff recommended the Board of County Commissioners approve the LAP application, or amend as necessary, and authorize staff to submit Okeechobee County s Local Agency Plan (LAP) application to FDOT District #1 for certification. MOTION WAS MADE BY COMMISSIONER WOODS TO APPROVE THE LOCAL AGENCY PLAN (LAP) APPLICATION AND TO AUTHORIZE STAFF TO SUBMIT OKEECHOBEE COUNTY S APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT #1 TO OBTAIN LAP CERTIFICATION. SECONDED BY COMMISSIONER HAZELLIEF. MOTION CARRIED UNANIMOUSLY. 16. APPROVAL FOR ESTABLISHING SPEED LIMITS ON DARK HAMMOCK AND BERMAN ROAD BETWEEN HIGHWAY 441 NORTH AND STATE ROAD 70 EAST County Administrator Long advised that Okeechobee County had received its final pay reimbursement from Florida Department of Transportation (FDOT) for the Dark Hammock / Berman Road Improvement Project. This would indicate that FDOT views the project as complete. In accordance with policy of the Board of County Commissioners regarding the establishment of speed limits, Craig A. Smith & Associates (County s engineering firm) has completed its review and provided a written recommendation for maximum speed limits for Dark Hammock / Berman Road. Following a review of the Engineer s recommendation, the Sheriff s Office provided its own recommended speed limits for Dark Hammock / Berman Road. Staff recommended the Board of County Commissioners determine what speed limits should be and authorize the County Attorney to prepare, and the Chairman to execute, a resolution establishing those speed limits for Dark Hammock / Berman Road between Highway 14

15 441 and State Road 70 East. There was discussion among commissioners as to the most appropriate speed limit for this stretch of roadway. There was additional discussion concerning the engineer s recommendation for the segment of roadway in question. It was the consensus of the Board of County Commissioners to direct staff to request from Craig A. Smith & Associates, recommendation to modify the speed limit to 55 m.p.h. on Dark Hammock / Berman Road between Highway 441 and State Road 70 East. 17. SPECIAL ASSESSMENT PROGRAM / REVENUE ANALYSIS County Administrator Long advised the County last updated its fire assessment program in 2001 and its solid waste assessment program in Since it is essential that service costs continue to be equitably distributed across properties benefiting from the service, funding was appropriated in the current budget to facilitate a financial analysis and revision this year. Scope of services to be provided, but not limited to, includes the following: Review of full costs and services for both fire rescue and solid waste collection and disposal. Determine the net service delivery revenue requirements for current and future levels of service. Review/revise the methods of appointing the costs for both fire rescue and solid waste collection and disposal. Review the assessment methodology for legal sufficiency and compatibility with the tax bill method of collection. Review and revise ordinances for both special assessments if needed Although this purchase qualifies for exemption from competitive requirements established by the County s purchasing policy, the County did advertise and has received two (2) proposals on November 21, Total costs as proposed by Government Services Group (GSG) and Nabors Giblin & Nickerson, P.A. for both assessments equals $47,050. GSG has proposed an additional cost of $3,570 for travel and related expenses. However, staff recommends this amount be capped at $2,500. Staff recommended the Board of County Commissioners authorize the Chairman to execute a contract with Government Services Group (GSG) providing for the special assessment program/revenue analysis at a cost of $47,050 and travel and related expenses at a cost of $2,500 (subject to contract review and approval by the County Attorney). Commissioner Hazellief expressed concern over past experiences with the 15

16 recommended firm and prompted discussion regarding this issue. MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO AUTHORIZE THE CHAIRMAN TO EXECUTE A CONTRACT WITH GOVERNMENT SERVICES GROUP (GSG) PROVIDING FOR THE SPECIAL ASSESSMENT PROGRAM / REVENUE ANALYSIS AT A COST OF $47,050 AND TRAVEL AND RELATED EXPENSES AT A COST OF $2,500 (SUBJECT TO CONTRACT REVIE AND APPROVAL BY THE COUNTY ATTORNEY). SECONDED BY COMMISSIONER WOODS. Commissioner Harvey stated her doubt for engaging the recommended firm. At the request of Commissioner Hazellief, County Administrator Long advised commissioners regarding the reasons for proposing the engagement of GSG to complete this task. Chair Betts called for a vote on the motion. MOTION CARRIED UNANIMOUSLY. 18. BANKING SERVICES AGREEMENT County Administrator Long advised that, in accordance with direction from the Board of County Commissioners, renegotiation of a two-year renewal of the banking services agreement with Big Lake National Bank had been completed. The renewal provides for a return on operation account deposits equivalent to the Fed Fund rate plus 50 basis points or 2%, whichever is greater, to be adjusted on the first of each month. Mr. Long noted that provisions relating to fees for services remained unchanged. Staff recommended the Board of County Commissioners approve, and authorize the Chairman to execute, a two-year renewal of the banking services agreement with Big Lake National Bank as submitted. Mr. Long presented detail of the changes proposed for the agreement renewal. There was brief discussion concerning the revisions as recommended. Commissioner Abney announced that due to a conflict of interest presented for him, he would abstain from the vote on this item. He further confirmed that he would complete and file the necessary Conflict of Interest form at the conclusion of this session. MOTION WAS MADE BY COMMISSIONER HARVEY TO APPROVE, AND AUTHORIZE THE CHAIRMAN TO EXECUTE, A TWO-YEAR RENEWAL OF THE BANKING SERVICES AGREEMENT WITH BIG LAKE NATIONAL BANK AS SUBMITTED. SECONDED BY COMMISSIONER WOODS. 16

17 Commissioner Hazellief recommended the county not make a decision on this matter until it has been determined how the Clerk of Court and Supervisor of Elections propose to move forward with their respective banking service agreements. MOTION WAS MADE BY COMMISSIONER HARVEY TO TABLE THE MATTER UNTIL LATER IN THIS SESSION. SECONDED BY COMMISSIONER WOODS. MOTION CARRIED UNANIMOUSLY. 19. COUNTY ATTORNEY CONTRACT ADJUSTMENT County Administrator Long advised that a letter was received from Cassels & McCall requesting a contract adjustment in the annual amount of $12,480 to compensate for additional legal services required as a result of the County s reacquisition of airport and industrial park management. This amount is consistent with Okeechobee Development Authority s budget appropriations for legal services. As the requested increase is based upon a yearly amount, the net increase for the remainder of the current fiscal year would be $10,400 and would not require a budget amendment. Staff recommended the Board of County Commissioners approve a $12,480 adjustment of the annual compensation provided for legal services in its contract with Cassels & McCall. MOTION WAS MADE BY COMMISSIONER ABNEY TO APPROVE AN UPWARD ADJUSTMENT OF $12,480 IN THE ANNUAL COMPENSATION PROVIDED FOR LEGAL SERVICES IN THE COUNTY S CONTRACT WITH THE LAW FIRM OF CASSELS & MCCALL. SECONDED BY COMMISSIONER HAZELLIEF. MOTION CARRIED UNANIMOUSLY. 20. REQUEST FOR PROPOSALS FOR SAMPLING, LABORATORY TESTING AND REPORTING OF GROUNDWATER FROM MONITORING WELLS AT THE CLOSED OKEECHOBEE COUNTY AIRPORT LANDFILL SITE AND THE WASTE MANAGEMENT OKEECHOBEE LANDFILL, INC. SITE County Administrator Long advised the Board of County Commissioners had previously engaged two (2) contractors to perform groundwater monitor well sampling and laboratory testing at the Okeechobee County Airport Closed Landfill Site, and the Berman Road Landfill Site a/k/a Okeechobee Landfill, Inc. 17

18 Staff feels that contracting these services with a single vendor can reduce costs for the services. A copy of the proposed Request for Proposals (RFP) combining the projects was distributed to commissioners for review. Staff recommended the Board of County Commissioners approve and authorize publication of the Request for Proposals (RFP) for groundwater sampling and laboratory testing services. MOTION WAS MADE BY COMMISSIONER WOODS TO APPROVE AND AUTHORIZE PUBLICATION OF THE REQUEST FOR PROPOSALS (RFP) FOR GROUNDWATER SAMPLING AND LABORATORY TESTING SERVICES AT THE OKEECHOBEE COUNTY AIRPORT CLOSED LANDFILL SITE AND THE BERMAN ROAD LANDFILL SITE A/K/A OKEECHOBEE LANDFILL, INC. SECONDED BY COMMISSIONER HAZELLIEF. MOTION CARRIED UNANIMOUSLY. In response to Commissioner Abney s inquiry, County Administrator Long advised commissioners regarding efforts to work with Florida Department of Environmental Protection (FDEP) for future clean up the old landfill site on Okeechobee Airport property. There was discussion between commissioners regarding the number of acres that would be involved in the project. 18. BANKING SERVICES AGREEMENT (Revisited) MOTION WAS MADE BY COMMISSIONER HAZELLIEF TO REMOVE FROM THE TABLE, THE REQUEST TO RENEW BANKING SERVICES AGREEMENT. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. Clerk Of Court Sharon Robertson was recognized. At the request of commissioners, Clerk Robertson advised that she concurred with staff s recommendation to approve, and authorize the Chairman to execute, a two-year renewal of the Banking Services Agreement with Big Lake National Bank. MOTION WAS MADE BY COMMISSIONER HARVEY TO APPROVE, AND AUTHORIZE THE CHAIRMAN TO EXECUTE, A TWO-YEAR RENEWAL OF THE BANKING SERVICES AGREEMENT WITH BIG LAKE NATIONAL BANK AS SUBMITTED. SECONDED BY COMMISSIONER WOODS. MOTION CARRIED BY A VOTE OF FOUR (4) TO ZERO (0). (Commissioner Abney abstained from the vote.) 18

19 The following were approved on the Consent Agenda, to include Items #21, #22, #23, #24, and #25 (Item #26 was rescheduled as Item #7A and was addressed earlier in the session). 21. APPROVAL OF WARRANTS Staff recommended the Board of County Commissioners approve the following warrants: #84801-#85125 for $2,055,488.89; #2924-#2929 for $8,696.31; #1446-#1457 for $11,717.96; for a total of $2,075, OLDER AMERICANS ACT (OAA) PROGRAM STANDARD AGREEMENT #A004-5 CY 2004 WITH AREA AGENCY ON AGING Okeechobee Senior Services (OSS) / Okeechobee County contracts annually with the Area Agency on Aging of Palm Beach / Treasure Coast, Inc. (AAA) for Older American Act (OAA) client services. The OAA Program Standard Agreement #A004-5 contract period will extend from January 01, 2004 through December 31, The OAA Program Standard Agreement provides for the continuation of services to seniors age sixty years and older residing in Okeechobee County for In-Home Services, Transportation, Congregate Meals, Home Delivered Meals, Nutrition Education, Outreach and Home Improvement services. Approximately two hundred seventy (270) Okeechobee County seniors are served during the contract year. The total OAA Program Grant from AAA will equal an amount not to exceed $156,907, subject to the availability of funds. Funding and the related cash match are contained within the current county budget. Staff recommended the Board of County Commissioners approve, and authorize the Chairman to execute, Older Americans Act (OAA) Program Standard Agreement #A004-5 for the contract year extending from January 01, 2004 through December 31, MASTER AGREEMENT #M003-4 CY 2003 WITH AREA AGENCY ON AGING AMENDMENT #001 Okeechobee Senior Services (OSS) has an executed Master Agreement with Area Agency on Aging Palm Beach / Treasure Coast, Inc. (AAA) that provides the outline for all 19

20 contracts executed between OSS and AAA for the period extending from January 01, 2003 through December 31, The purpose of Amendment #001 to Master Agreement M003-4 is to extend the term to February 39, Staff recommended the Board of County Commissioners approve, and authorize the Chairman to execute, Amendment #001 to Master Agreement M003-4 with Area Agency on Aging Palm Beach / Treasure Coast, Inc., thereby extending the term of said agreement to February 29, TAX DEED SURPLUS 2003-TD-048; RUSELL B. KEENER In accordance with Chapter 197, Florida Statutes, a surplus resulting from a tax sale is held for a period of time by the Clerk and then submitted to the Board of County Commissioners. If there are no claims for the funds within two (2) years from the date the surplus is turned over to the Board of County Commissioners, any future claims are barred. In the case of Tax Deed No TD-048; Russell B. Keener, a timely claim was received for payment of an amount equal to $2, These funds were received by the County in October Staff recommended the Board of County Commissioners authorize the payment of Tax Deed (2003-TD-048; Russell B. Keener) surplus funds in the amount of $2, to Craig Z. Sherar, PA. Trust Account, 2701 S. Bayshore Drive, Suite 605, Coconut Grove, Florida 33133, as requested by the former owner. 25. TAX DEED SURPLUS 2002-TD-031; W. EVERETT ROWLEY In accordance with Chapter 197, Florida Statutes, a surplus resulting from a tax sale is held for a period of time by the Clerk and then submitted to the Board of County Commissioners. If there are no claims for the funds within two (2) years from the date the surplus is turned over to the Board of County Commissioners, any future claims are barred. In the case of Tax Deed No TD-031; W. Everett Rowley, a timely claim was received for payment of an amount equal to $1, less the Clerk s fee of $18.84, for a total of $1, These funds were received by the County in January Staff recommended the Board of County Commissioners authorize the payment 20

21 of Tax Deed (2003-TD-031; W. Everett Rowley) surplus funds in the amount of $1, to Craig Z. Sherar, PA. Trust Account, 2701 S. Bayshore Drive, Suite 605, Coconut Grove, Florida 33133, as requested by the former owner. 26. UNIFORM METHOD OF COLLECTING NON AD VALOREM ASSESSMENTS This item was rescheduled as Item #7A and was addressed earlier in this session. MOTION WAS MADE BY COMMISSIONER WOODS TO APPROVE THE CONSENT AGENDA, TO INCLUDE ITEMS #21, #22, #23, #24, AND #25 AS PRESENTED. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. COMMISSIONER ABNEY S COMMENTS MOTION WAS MADE BY COMMISSIONER ABNEY TO AUTHORIZE THE CLOSING OF ALL COUNTY OFFICES ON DECEMBER 24, 2003 BEGINNING AT 12:00 NOON IN OBSERVANCE OF THE CHRISTMAS HOLIDAYS. SECONDED BY COMMISSIONER HARVEY. MOTION CARRIED UNANIMOUSLY. Commissioner Abney advised that Senior Circuit Judge William Hendry had requested consideration for implementing a memorial brick program for the new Courthouse facility similar to that conducted for the County Library. During discussion, commissioners expressed support for such a program. COMMISSIONER HARVEY S COMMENTS Commissioner Harvey advised of her concern that transportation services for Veterans Services are less than adequate. She requested the County consider furnishing two (2) parttime drivers for the Veterans Services transportation program. During discussion, County Administrator Long confirmed that the possibility of engaging two (2) part-time drivers for Veterans Services had been discussed during the FY 2002/2003 budget process. It was the consensus of the Board of County Commissioners to request staff to draft, and present for review and approval, recommendation for the engagement of drivers for the Veterans Services transportation program. 21

22 COMMISSIONER HAZELLIEF S COMMENTS Commissioner Hazellief requested consideration for an upward adjustment in salary for the County Administrator. County Administrator Long requested that any consideration include authorization to apply any increase awarded, to his retirement plan in lieu of receiving the pay adjustment as was approved in the past. MOTION WAS MADE BY COMMISSIONER HARVEY TO AUTHORIZE THE COUNTY ADMINISTRATOR TO INCREASE THE COUNTY S CONTRIBUTION TO HIS RETIREMENT PLAN IN LIEU OF RECEIVING A CPI PAY ADJUSTMENT AS APPROVED IN THE PAST, TO BE RETROACTIVE TO OCTOBER 01, SECONDED BY COMMISSIONER ABNEY. MOTION CARRIED UNANIMOUSLY. Chair Betts recognized the passing of a local artist, Gary Stewart. There was discussion for rescheduling the 3:00 pm meeting to earlier in the day. County Administrator Long advised that he would contact Mr. Mazzola in an attempt to reschedule the meeting. RECESS (COURTHOUSE EXPANSION PROJECT TOPPING-OFF CEREMONY) DISCUSSION WITH AGRI-CIVIC CENTER MANAGER JOHN MAZZOLA County Administrator Long introduced newly appointed Agri-Civic Center Manager John Mazzola. Mr. Long explained that Mr. Mazzola would be working from his home in South Carolina for a short while until he relocates to Okeechobee County. County Administrator Long presented for Board consideration, a sample menu and pricing for concession items to be served at Agri-Civic Center events. He further asked the Board of County Commissioners to review the proposed menu with Mr. Mazzola. John Mazzola, Agri-Civic Center Manager, was recognized. Mr. Mazzola advised of his time spent recently at a contractor s meeting for the Agri-Civic Center. He requested input from commissioners regarding proposed menu items and pricing for concessions at the Agri- Center facility. Mr. Mazzola explained that the proposed menu had been taken from an equestrian agri-center in Georgia and he advised of his expectations that it might also serve 22

23 the needs of both participants and spectators attending events at the Agri-Civic Center in Okeechobee County. During his presentation, Mr. Mazzola provided detail with regard to the following: Kitchen equipment Concessions provider options Concessions operational methods Types of concessions to be considered County Administrator Long requested, and received from Mr. Mazzola, reasons for keeping the menu as simple as possible for Agri-Civic Center events. There was brief discussion between Messrs. Long and Mazzola regarding the type of menu to be considered. Commissioner Hazellief advised of the many all-day events that will be held at the local facility, noting the possible need for more adequate meals. He further recommended there be provisions for allowing outside interests to prepare and serve bar-b-que foods. There was discussion between Commissioner Hazellief and Mr. Mazzola reference the different type of events anticipated for the Okeechobee County Agri-Civic Center. County Administrator Long recommended drafting a model annual program plan as a guide to help determine the mixture of events to be booked at the Agri-Civic Center. There was discussion between Mr. Mazzola and commissioners regarding the responsibilities associated with creating an efficient system for booking events at the Center. Mr. Mazzola advised commissioners regarding his communication with various promoters who have expressed interest in scheduling events in Okeechobee County. The following items were also included in his presentation: Type of events needed for the number of seats available Various allowances to be considered for various promoters Type of marketing plan needed for the Okeechobee County Agri-Civic Center Mr. Mazzola advised of contacts established from previous events and offered information received from promoters who consider the benefits of open-air facilities. Commissioner Abney initiated discussion regarding kitchen equipment needs for the facility. Mr. Mazzola recommended submitting the sample menu to a professional concessionaire for input. There was more extensive discussion with regard to: 23

24 Sponsorship possibilities for beverage sales Sponsorship possibilities for marquis / score boards County Administrator Long initiated discussion regarding commissioners preferences as to whether the County should retain control of concession beverage sales. Commissioners thanked Mr. Mazzola for his appearance this date and welcomed him to Okeechobee County. There being no further business or discussion, the meeting was adjourned. Sharon Robertson, Clerk Board of County Commissioners Okeechobee County, Florida Clif Betts, Jr., Chairman Board of County Commissioners Okeechobee County, Florida 24