BOOK 22 PAGE 655 REGULAR MEETING OF THE BOARD, JANUARY 7, 2014

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1 BOOK 22 PAGE 655 REGULAR MEETING OF THE BOARD, JANUARY 7, 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 R. Greg Harris Commissioner Donald E. Elwell Commissioner James L. Brooks Commissioner William R. Handley Commissioner Jack L. Richie Also present: June Fisher, County Administrator; Randy Vosburg, Assistant County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Nava, Deputy Clerk. 2. INVOCATION: Invocation given by Pastor Todd Patterson. The meeting opened with a prayer by Denise Williams, Veteran Services Officer. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by members of the American Legion Post ANNOUNCEMENTS, June Fisher, County Administrator: Jan 08 11:00 am Proposal Evaluators meeting for the RFP Design-Build Sebring Parkway Phase III to continue negotiation of Contract with APAC-Southeast, Inc. Jan 09 1:30 pm Public Hearing of Highlands County Code Enforcement Special Magistrate Pamela T. Karlson Engineering Training Room, 505 S. Commerce Ave., Sebring, FL Board room, 600 S. Commerce Ave., Sebring, FL Jan 09 2:30 pm Historic Preservation Commission Development Services Conference room, January 20, S. Commerce Ave., Sebring, FL County offices closed in observance of the Martin Luther King, Jr. Day holiday A. Other meetings: 1. Commissioners: No other meetings announced by Commissioners. 2. Public: Mr. Rick Ingler, President of the Veteran s Council of Highlands County, announced that the Military Ball will take place on February 22, For inquiries please contact Mr. Ingler at (863) Mr. John Nelson, Chairman of the Highlands Tea Party, announced that they will meet tonight at Homer s Restaurant at 6:00 p.m. Mr. Nelson congratulated Sheriff Susan Benton for her induction into the Florida Women s Hall of Fame, selected by the Governor REG

2 BOOK 22 PAGE CLERK OF COURTS Robert W. Germaine: No report. 6. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: No announcements. 7. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: A. EMS Director Harvey Craven: 1. Presentation recognizing the retirement of Edward Ezell after over 38 years of service to Highlands County. 2. Presentation recognizing the retirement of Michael Rihner after over 38 years of service to Highlands County. The County Administrator and the Commission came forward to recognize Mr. Edward Ezell and Mr. Michael Rihner. Harvey Craven, EMS Director, presented a certificate to Mr. Ezell and Mr. Rihner in recognition of their years of service and retirement from Highlands County. Sue Kimmel, with the EMS Department, expressed words of appreciation towards both retirees. See SMB 101 Page CONSENT AGENDA: Commissioner Brooks made a motion and Commissioner Richie 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 7, See Check Report 2014 file. GENERAL FUND 4,476, COUNTY TRANSPORT TRUST 19, E911 OPERATIONS FUND 72, LOCAL GOVT INFRA SURTAX 5, STATE COURT FACILITIES TF 4, COURT TECH (12) (E) 1 1, BUILDING FUND 18, IMPACT FEE TRANSP AVON PK 34, SOLID WASTE 212, ENERGY RECOVERY 83, EMPLOYEE BENEFIT FUND B. Request to accept into the record Financial Statements and Independent Auditor s Report for fiscal years ended (FYE) June 30, 2013 and 2012 for Peace River Center for Personal Development, Inc. and Controlled Entity with no fiscal impact. See Peace River Center file REG

3 BOOK 22 PAGE 657 C. Request to accept into the record Financial Statements and Independent Auditor s Report for fiscal years ended (FYE) June 30, 2013 and 2012 for Tri- County Human Services, Inc. with no fiscal impact. See Tri-County Human Services, Inc. file. D. Request approval to appoint Mr. Ben F. Oswald, District 1, and appoint Mrs. Pauline Connolly, District 3, to the Highlands County Library Advisory Board. See SMB 101 Page 2. E. Request for approval and execution of four (4) First Amendments to the four (4) In-Kind License Agreements for Wireless Communications Equipment Facilities on towers and land owned by Highlands County for the Florida Rural Broadband Alliance, LLC (FRBA) Network. See FRBA file. F. Request for approval of the Small County Outreach Program Agreement between the State of Florida Department of Transportation (FDOT) and Highlands County for the paving of Tractor Road from 1.08 miles south of Lunsford Road to Lunsford Road in the total grant amount of $706, and the accompanying Resolution authorizing the Chairman of the Board to execute said agreement. See FDOT file & Res. Book 25 Page 230. G. Request approval of a Resolution to amend the Highlands County Technical Standards Manual in support of a proposed update to the Highlands County Concurrency Management System. See Res. Book 25 Page 231 & SMB 101 Page 3. H. Request approval of a request from the Highlands County Fair Association for the donation and delivery of six (6) loads of sand with an estimated fiscal impact of $ See SMB 101 Page 4. I. Request approval of Budget Amendment for FY 13/14 Adopted Budget adjustments with no fiscal impact. See Budget Amendment 2014 file & SMB 101 Page 5. J. Request approval of the recommended appointments to Transportation Disadvantaged, Value Adjustment Board, Heartland Workforce Investment Board and the 10 County Coalition for Lake Okeechobee. See SMB 101 Page 6. K. Request approval of an amendment to grant award Victim of Crime Act (VOCA) Award. See VOCA file. 8. CONSENT AGENDA (2): A. Request approval to pay all bills with voting conflicts Commissioner Elwell declared a conflict of interest due to a possible payment to Alan Jay, his current employer. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record REG

4 BOOK 22 PAGE 658 Commissioner Richie made a motion and Commission Handley seconded the motion, to move to approve consent agenda 2. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. See Check Report file for copy of abstention form. 9. ACTION AGENDA: June Fisher, County Administrator, informed the Commission that the speaker/presenter for item 9B-1 has changed. Commissioner Elwell made a motion and Commissioner Brooks seconded the motion, to move to set the action agenda as presented, with the change. Upon roll call, all Commissioners voted aye. The motion carried. A. Sheriff Susan Benton: 1. Request approval and acceptance of the Residential Substance Abuse Grant Acceptance with accompanying Resolution & Budget Amendment with no additional fiscal impact. Chief Mark Schrader presented the request. Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to approve and accept grant award Contract no RSAT-HIGH-1-A7-002 in the amount of $50,000 with the required match of $16,676.72, along with the accompanying budget amendment. Upon roll call, all Commissioners voted aye. The motion carried. See Sheriff s Office file; Res. Book 25 Page 232 & SMB 101 Page 7. B. President of the Veterans Advisory Board Gerry Harvey and County Veterans Services Officer (CVSO) Denise Williams: 1. Request approval to appoint one member to represent the Lake Placid area on the Veterans Advisory Board. Mr. Rick Ingler, member of the Veterans Advisory Board, and Denise Williams, County Veteran Services Officer, presented the request and recommended Mr. Marvin Desselle be appointed to the Veterans Advisory Board. Mr. Desselle addressed the Commission. Commissioner Brooks made a motion and Commissioner Richie seconded the motion, to move to appoint Mr. Marvin Desselle to represent the Lake Placid area on the Veterans Advisory Board to complete the term ending September Upon roll call, all Commissioners voted aye. The motion carried. See SMB 101 Page REG

5 BOOK 22 PAGE 659 C. Community Programs/Administrative Project Manager Chris Benson: 1. Request Board consideration and approval of the County s Local Housing Assistance Plan (LHAP) and accompanying Resolution Chris Benson, Community Programs/Administrative Projects Manager, presented the request. The Commission expressed their concerns. Commissioner Handley recommended a change to the last sentence of the first paragraph of Section B, subsection (i) of the LHAP Housing Strategies to read as follows: The County will select the lowest and/or best quote. On the second paragraph of Section B, subsection (i) of the LHAP Housing Strategies, regarding the integration of green building principals and energy efficient products, Commissioner Handley recommended adding the wording if it is cost effective. Public input was received from Dick Noel, John Drozinski, and John Nelson. The Commission discussed the possibility of contracting with an outside agency to administer the housing program funds. Mr. Benson stated that he is not aware of any participating county or city that the funds are not distributed to them; and that if the housing program is contracted out to an outside entity, the County would still have to monitor the compliance and operation of the entity. Mr. Benson also stated that he would look into this issue. The Commission addressed the possibility of applying an interest rate to the loans. After discussion, the Commission came to a consensus to apply a 2% interest rate to the loan. Commissioner Richie made a motion and Commissioner Handley seconded the motion, to move to approve and adopt by Resolution the Highlands County Local Housing Assistance Plan (LHAP), and authorize transmittal to the Florida Housing Finance Corporation for final approval, with the change of the 2% on the interest rate, and the other changes that were discussed. Public input was received from Dick Noel. Upon roll call, all Commissioners voted aye. The motion carried. See Housing file & Res. Book 25 Page 233. D. Board Attorney Ross Macbeth: No report. E. County Administrator June Fisher: 1. Request approval of Resolution & Budget Amendment to appropriate interest earnings for the E911 State Grant decreasing Reserve for Contingency with a fiscal impact of $ June Fisher, County Administrator, presented the request REG

6 BOOK 22 PAGE 660 Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to approve Budget Amendment and associated Resolution. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2014 file; Res. Book 25 Page 234 & SMB 101 Page Request to schedule a goal setting workshop. June Fisher, County Administrator, stated that staff would like to request the Commission set a workshop date for February. The Commission concurred to set the workshop for February 18, 2014 at 1:00 p.m. 10. CITIZENS NOT ON THE AGENDA Mr. Cleve Prescott came before the Commission to address his concerns regarding abandoned cemeteries/graveyards and the County s take on the issue. The Board Attorney stated that he would review the Statute. The Commission gave direction to the Board Attorney to look into the issue and report back to the Commission in a couple of weeks. 11. COMMISSIONERS: Commissioner Richie: Commissioner Richie wished everyone a happy new year and stated that he would like the Commission to get into budget discussions as soon as possible. Commissioner Handley: Commissioner Handley wished everyone a happy new year. Commissioner Brooks: Commissioner Brooks wished everyone a happy new year and congratulated the County employees who are participating in the Florida Runs Challenge. Commissioner Elwell: Commissioner Elwell congratulated Sheriff Susan Benton for her induction into the Florida Women s Hall of Fame and questioned the procedure for the goal setting workshop. The Commission concurred that each Commissioner will bring forward five to seven ideas/items they would like to be discussed/addressed throughout the year. Commissioner Harris: Commissioner Harris wished everyone a happy new year and gave a shout-out to Ms. Thelma Pile for faithfully watching the Board meetings every week. 12. ADJOURN The meeting was adjourned at 10:15 a.m REG

7 BOOK 22 PAGE 661 REGULAR MEETING OF THE BOARD, JANUARY 21, 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 R. Greg Harris Commissioner Donald E. Elwell Commissioner James L. Brooks Commissioner William R. Handley Commissioner Jack L. Richie Also present: June Fisher, County Administrator; Randy Vosburg, Assistant County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Nava, Deputy Clerk. 2. INVOCATION: Invocation given by Pastor Drew Severance, First Presbyterian Church. The meeting opened with a prayer by Pastor Drew Severance, with the First Presbyterian Church. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mr. Ron Layne. 4. ANNOUNCEMENTS, June Fisher, County Administrator: Jan 23 2:30 pm Highlands Soil & Water Conservation District Room #3, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL Jan 28 9:00 am Highlands County Board of County Commissioners meeting Board room, 600 S. Commerce Ave., Sebring, FL A. Other meetings: 1. Commissioners: The Tourist Development Council Lakes Committee will meet on Monday, January 27, 2014 at 8:30 a.m. at the TDC Office. The Tourist Development Council will meet on Thursday, January 30, 2014 at 8:00 a.m. at the Ag Center. The Transportation Disadvantaged Board will meet at the Okeechobee EOC on Wednesday, January 22, 2014 at 12:30 p.m. Commissioner Elwell announced that the Florida Association of Counties put together a challenge in regards to walking and physical fitness and that Team Highlands was the first team to finish and win the contest. 2. Public: No announcements from the public REG

8 BOOK 22 PAGE CLERK OF COURTS Robert W. Germaine: No report. 6. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: No announcements from Constitutional Officers. Gary Ritter, with the South Florida Water Management District, commented on water levels for Lake Istokpoga and Lake Okeechobee and announced the following meetings: The Florida Department of Environmental Protection will hold a Basin Management Action Plan meeting at 10:00 a.m. on Wednesday, January 22, 2014 at the Okeechobee Health Department. The District will host a Water Conservation Expo public meeting on Friday, February 21, 2014 at the West Palm Beach office. Mr. Ritter also announced that the District s Executive Director is looking into moving several large projects forward. 7. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: A. Heartland Crime Stoppers Executive Director Chip Brown: Presentation on the Heartland Crime Stoppers program. Chip Brown, Executive Director of the Heartland Crime Stoppers, gave a brief presentation on the Heartland Crime Stoppers program. The Commission thanked Mr. Brown for the presentation. See SMB 101 Page CONSENT AGENDA: June Fisher, County Administrator, requested to pull item 8M from the consent agenda and stated that it will be brought back at a later date. Commissioner Elwell questioned item 8K. Ms. Fisher addressed his concerns. Public input was received from John Drennan and Dick Noel. Susan BuChans, Planning Supervisor, Ms. Fisher, and Commissioner Elwell helped address concerns raised from the public. Commissioner Brooks made a motion and Commissioner Richie seconded the motion, to move to accept the consent agenda as presented, with the exception of item 8M. Upon roll call, all Commissioners voted aye. The motion carried REG

9 BOOK 22 PAGE 663 A. Request approval to pay all duly authorized bills and employee benefits January 21, See Check Reports 2014 file. GENERAL FUND 2,939, COUNTY TRANSPORT TRUST 23, E911 OPERATIONS FUND 72, LOCAL GOVT INFRA SURTAX 5, TOURIST DEV TRUST FUND 2, AFFORDABLE HOUSING ASST 15, SEBRING PARKWAY MAINT COURT TECH (12) (E) 1 3, BUILDING FUND 2, IMPACT FEE TRANSP LK PLCD 2, SOLID WASTE 17, ENERGY RECOVERY 33, B. Request approval of the minutes of the Board of County Commissioners meetings for December 17, and 20, See Clerk of Courts website. C. Request approval to accept into the record the Board of County Commissioners Annual Report for fiscal year See BCC Annual Reports file. D. Request approval to waive the Landfill tipping fees for the Lake Placid Country Fair Board with an estimated fiscal impact of $ See SMB 101 Page 11. E. Request approval to waive the Landfill tipping fees for the Highlands County Fair Board with an estimated fiscal impact of $ See SMB 101 Page 12. F. Request approval to authorize the County Engineer to approve the General Utility Permit authorizing Duke Energy of Florida, Inc. to rebuild the existing transmission line between 1172 Memorial Drive and 1500 Bramblewood Road (Duke Energy Project Avon Park to Sun n Lakes 69KV line) to the new standards as set forth in the Land Development Regulations (LDR s). See SMB 101 Page 13. G. Request approval for waiver of fees for Special Stars at the Sports Complex with a fiscal impact of $1, See SMB 101 Page 14. H. Request approval of the Annual 27P Update Report for the Local Mitigation Strategy Working Group for See SMB 101 Page 15. I. Request approval of payment of an Invoice without a Purchase Order for the Department of Economic Opportunity Voluntary Visioning Grant Contract with a fiscal impact of $15,000. See SMB 101 Page REG

10 BOOK 22 PAGE 664 J. Request to accept into the record the Community Wildfire Protection Plan Annual Report. See SMB 101 Page 17. K. Request approval of a Florida Department of Environmental Protection (FDEP) Small County Grant 416SC Agreement for the salaries of two (2) Landfill employees and two (2) staff leasing employees and accompanying Resolutions. See FDEP file & Res. Book 25 Page 235. L. Request approval to declare indicated lists of library materials surplus, and allow designated materials to be donated to Sebring Friends of the Library, Inc., a Non-Profit Corporation. See SMB 101 Page 18. M. Request approval to declare County owned land, Parcel C as surplus and grant permission to solicit offers on its sale through the County s bid process. (This item was pulled from the agenda.) See SMB 101 Page 19. N. Request approval of Resolution & Budget Amendment to rollover Project for the Clerk of Courts within FY 13/14 with a fiscal impact of $35, (increase). See Budget Amendment 2014 file, Res. Book 25 Page 236 & SMB 101 Page 20. O. Request approval of Resolution & Budget Amendment for Solid Waste insurance proceeds for the Landfill scalehouse electronic scale system with a fiscal impact of $8, See Budget Amendment 2014 file, Res. Book 25 Page 237 & SMB 101 Page CONSENT AGENDA (2): A. Request approval to pay all bills with voting conflicts. Commissioner Elwell declared a conflict of interest regarding a bill being paid to Alan Jay his current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record. See Check Report file for copy of abstention form. Commissioner Brooks made a motion and Commissioner Handley seconded the motion, to move to approve consent agenda 2 to pay bills with voting conflicts. Upon roll call, all Commissioners voted aye. The motion carried. 9. ACTION AGENDA: Commissioner Handley made a motion and Commissioner Richie seconded the motion, to move to set the action agenda. Public input was received from Dick Noel, Dale Wilson, and John Drennan regarding item 9A. Upon roll call, all Commissioners voted aye. The motion carried REG

11 BOOK 22 PAGE 665 A. PUBLIC HEARING: Development Services Director Mark Hill: Request approval of transmittal of CPA LS Large Scale Plan Amendment providing for text and map amendments to the 2030 Highlands County Comprehensive Plan and to transmit the Amended Comprehensive Plan to the Florida Department of Economic Opportunity. Mark Hill, Development Services Director, Susan BuChans, Planning Supervisor, and Trevor Traphagen, Planner I, presented the request. Also present for the hearing was Pat Steed, Executive Director of the Central Florida Regional Planning Council. Ms. BuChans stated that the public hearing was properly advertised and a Proof of Publication was provided to the Clerk to become part of the permanent record. Chairman Harris opened the floor to the public. Input was received from Dale Wilson, Gene Reese, John Drennan, and Dale Phlug. Commissioner Richie made a motion and Commissioner Brooks seconded the motion, to move to approve CPA LS Large Scale Plan Amendment providing for Text and Map Amendments to the Future Land Use Element, Transportation Element, Infrastructure Element, Natural Resources Element, Intergovernmental Coordination Element, Economic Development Element, Capital Improvements Element, Definitions and Acronyms Section, and Technical Support Section of the 2030 Highlands County Comprehensive Plan; and transmit 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 2014 file. B. Board Attorney Ross Macbeth: Ross Macbeth, Board Attorney, requested to set a public hearing date regarding the use of the ad-valorem method for the West Sebring Special Benefit Fire District. The Commission concurred to set the public hearing for February 25, 2014 at 9:00 a.m. Mr. Macbeth also commented on the request received a couple weeks ago regarding abandoned cemeteries and stated that by Statute, counties are authorized to get involved, but are not required to; and that if the County decides to get involved, there is authorization within the Statute to bring legal action against the property owner to recover the costs. The Commission gave direction to staff to search for the property owner and move forward from there. C. County Administrator June Fisher: 1. Request approval of Budget Amendment adjusting the FY 13/14 budget and reducing the Reserve for Contingency in the amount of $12, with no change in the overall FY 13/14 budget. June Fisher, County Administrator, presented the request REG

12 BOOK 22 PAGE 666 Commissioner Elwell stated that he would vote against the request and asked the County Administrator to have the Human Resources Department reduce his salary back to the 2013 level and that any dollars received from October to now, be taken back so that his ending salary would be exactly what it was at the end of All Commissioners concurred with Commissioner Elwell to vote against the request and to reduce their salaries back to their 2013 salary. Public input was received from Bill Youngman. Ms. Fisher stated that staff will provide each Commissioner with the dollar amount that needs to be returned and have each Commissioner decide how they want to return it. The Commission concurred. See SMB 101 Page County Administrator s report. June Fisher, County Administrator, presented the County Administrator s report. Gloria Rybinski, Public Information Coordinator, gave a brief presentation regarding the FloridaWalks competition that the County competed on. See SMB 101 Page CITIZENS NOT ON THE AGENDA Mr. Dick Noel came before the Commission to address his thoughts. Mr. Dale Phlug came before the Commission to address his concerns regarding property rights and Agenda 21. Mr. Robert Silva came before the Commission to request a change in the zoning code to allow for Mr. Silva to keep his potbelly pig pets in a residential district; and requested the Commission stop the $50 daily violation fine until a decision is made. Linda Conrad, Zoning Supervisor, addressed the issue. Chairman Harris requested staff make the recommendation to the Planning and Zoning Commission. The Commission concurred. Ms. Conrad stated that she will bring the request to the P&Z Commission and provide Mr. Silva with the date and time of the hearing. Ms. Conrad stated that because Mr. Silva is in the process of requesting a change, the $50 daily violation fine will not be initiated. Mr. Dale Wilson came before the Commission to address his concerns regarding the 911 and Communication charges on his telephone invoice and questioned how the funds were collected for the county. Tim Mechling, OMB Senior Manager, addressed his concerns. Mr. Wilson also questioned who oversees zoning infractions or violations. Ms. Fisher addressed his concerns REG

13 BOOK 22 PAGE COMMISSIONERS: Commissioner Elwell: Commissioner Elwell congratulated the administrative staff for the work that they did with the FloridaWalks contest, and also congratulated everyone involved in the organizing of the Martin Luther King Jr. parades and events. Commissioner Brooks: No report. Commissioner Richie: Commissioner Richie stated that he attended a four-hour session at the Archbold Biological Station where a group of Harvard students who are studying planning brought several great ideas and suggestions. Commissioner Richie also stated that he spent two days at the ACC training for county commissioners; and that soon he will be attending a weed control session. Commissioner Handley: Commissioner Handley stated that he attended the Aviation Expo over the weekend. Commissioner Harris: Commissioner Harris commented on the Historic Preservation Committee that he attended and invited the Commission to bring back brief reports from committee meetings that they attend. 12. ADJOURN The meeting was adjourned at 11:07 a.m REG

14 BOOK 22 PAGE 668 WORKSHOP & PUBLIC HEARING OF THE BOARD, JANUARY 28, 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 R. Greg Harris Commissioner Donald E. Elwell Commissioner James L. Brooks Commissioner William R. Handley Commissioner Jack L. Richie Also present: June Fisher, County Administrator; Randy Vosburg, Assistant County Administrator; J. Ross Macbeth, Board Attorney; Antonia Rivera and Pamela Nava, Deputy Clerks. This workshop 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: Invocation given by Pastor Aaron Jaja, Union Congregational Church The meeting opened with a prayer by Pastor Aaron Jaja, with Union Congregational Church. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Handley. 4. ANNOUNCEMENTS, June Fisher, County Administrator: Jan 29 12:00 pm Highlands County Health Facilities Authority Sebring City Hall, 368 S. Commerce Ave., Sebring, FL Jan 29 1:30 pm Illegal Dump Task Force 505 S. Commerce Ave., Sebring, FL Jan 29 4:00 pm Natural Resources Advisory Commission Room 3, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL Jan 30 8:15 am Highlands Country Tourist Development Council Room 3, Bert J. Harris, Jr., Agricultural Center, 4509 George Blvd., Sebring, FL A. Other meetings: 1. Commissioners: 2. Public: No other meetings announced. 5. CLERK OF COURTS - Robert W. Germaine: No report. 6. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: No other announcements PH/WKSHP

15 BOOK 22 PAGE PUBLIC HEARING: Board Attorney J. Ross Macbeth: Public Hearing to consider an Ordinance amending Section of the Code of Ordinances Highlands County Florida, providing for definitions, providing for severability; providing for inclusion in Code; providing for an effective date. 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. Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve Ordinance amending Section of the Code of Ordinances, Highlands County, Florida, providing for definitions; providing for severability; providing for inclusion in code; and providing for an effective date. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 15; Proof of Publication file; & SMB 101 Page WORKSHOP: Highlands County Sheriff Susan Benton and County Engineer Ramon Gavarrete: Discussion of Highlands County law enforcement facilities planning and options. Sheriff Susan Benton, Chief Mark Schrader, Ramon Gavarrete, County Engineer, gave a presentation regarding the Law Enforcement Facilities Planning and presented options for the Commission s consideration. Sheriff Benton briefly addressed the history of Board actions and discussions. Chief Schrader addressed the special needs of the facility and stated that they would recommend new construction. Mr. Gavarrete and Chief Schrader presented four options for constructing a new facility and four options for the adaptive re-use of existing facilities, and the estimated cost of each. The options presented were as follows: New Construction: 1) Current Government Complex Downtown County Property (Palmetto Avenue) 2) City Hall Site County to Purchase 3) George Blvd Site County Property 4) Kenilworth Site County Property Adaptive Re-Use 1) Liberty Star Plaza 2) Suntrust Bank Building 3) Bank of America 4) Sparta Road Church Building The Commission expressed their comments and concerns regarding each option presented. Chief Schrader gave a brief presentation on the Sheriff s Office personnel locations. Sheriff Benton stated that the Sheriff s Office was looking for the Board to make a decision and give staff direction PH/WKSHP

16 BOOK 22 PAGE 670 Break: 10:10 a.m. to 10:21 a.m. Chairman Harris opened the floor to the public. Input was received from Dick Noel, Bill Youngman, Jan Grove, Jimmy Wohl, Chester Downing, and Rick Ingler. Tim Mechling, OMB Senior Manager, addressed several financing options. The Commission expressed their comments and concerns in great detail. After discussion, Commissioners Harris, Richie, and Elwell stated that they would rather see new construction take place. Commissioner Handley and Commissioner Brooks stated that they would rather opt for the retro-fit of an existing building. Chairman Harris stated that a majority consensus was reached for new construction and that option 1 was preferred (Palmetto Avenue). Commissioner Handley questioned if it was safe to state that they are all in agreement to using the Sebring Parkway Phase III and CFS dollars for the construction. The Commission stated yes. Mr. Gavarrete stated that staff has enough information to put together an agenda item and bring it before the Commission. The Commission discussed the existing plans made for the law enforcement facility. Ross Macbeth, Board Attorney, stated that by Statute, the plans have to be revised and bid for; and that he needed additional information from the County Engineer and the Sheriff regarding the changes to the plans. Mr. Gavarrete stated that they will have a meeting with the architect group who designed the plans and will provide a figure to the Board Attorney regarding the revision to the plans. Public input was received from Dick Noel. See SMB 101 Page 25 for copy of materials provided. 9. COUNTY ADMINISTRATOR: County Administrator s report 10. CITIZENS NOT ON THE AGENDA 11. COMMISSIONERS: 12. ADJOURN The meeting was adjourned at 11:52 a.m PH/WKSHP

17 BOOK 22 PAGE 671 REGULAR MEETING OF THE BOARD, FEBRUARY 4, 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 R. Greg Harris Commissioner Donald E. Elwell Commissioner James L. Brooks Commissioner William R. Handley Commissioner Jack L. Richie Also present: June Fisher, County Administrator; Randy Vosburg, Assistant County Administrator; J. Ross Macbeth, Board Attorney; Jerome Kaszubowski, Clerk of Courts Business Services Director; and Pamela Nava, Deputy Clerk. 2. INVOCATION: Invocation given by Heartland Family Church of God Pastor Jimmy Goins. The meeting opened with a prayer by Ed Sager, with the Highlands County Property Appraiser s Office. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mr. Rick Ingler. 4. ANNOUNCEMENTS, June Fisher, County Administrator: Feb 06 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring, FL Feb 10 8:00 am Industrial Development Authority and the Economic Board room, One East Main St., Avon Park, FL Development Commission Feb 11 3:00 pm Planning & Zoning Commission and the Local Planning Agency and the Zoning Board of Adjustment Board room, 600 S. Commerce Ave., Sebring, FL A. Other meetings: Ms. Fisher announced that the Special Magistrate will be meeting at 1:30 p.m. on February 10, 2014 in the Boardroom. 1. Commissioners: No other meetings announced by Commissioners. 2. Public: The Highlands Tea Party will meet tonight at Homer s Restaurant at 6:00 p.m. Guest speaker will be Rev. Richard Norris. 5. CLERK OF COURTS - Robert W. Germaine: No report. 6. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: No other announcements REG

18 BOOK 22 PAGE RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented. 8. CONSENT AGENDA: Commissioner Elwell commented on item 8C (lease agreement between the County and Xerox Corporation). Chairman Harris questioned the term on the Xerox lease agreement. Danielle Gilbert, Purchasing Director, addressed his concerns. Commissioner Richie made a motion and Commissioner Brooks seconded the motion, to move to approve the consent agenda. Public input was received from Dale Wilson. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits February 4, See Check Reports file. GENERAL FUND 489, COUNTY TRANSPORT TRUST 27, LOCAL GOVT INFRA SURTAX 284, AFFORDABLE HOUSING ASST 5, SEBRING PARKWAY MAINT STATE COURT FACILITIES TF 1, COURT TECH (12) (E) BUILDING FUND IMPACT FEE TRANSP LK PLCD SOLID WASTE 179, ENERGY RECOVERY EMPLOYEE BENEFIT FUND 332, B. Request approval of the minutes of the Board of County Commissioners meetings for January 7 and 21, See Clerk of Courts website. C. Request approval of a Lease Agreement between Highlands County and Xerox Corporation. See Lease Agreement file. D. Request for approval of the Sovereignty Submerged Lands Easement granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the Memorial Drive Ditch Culver Replacement and Extension Project No See County Deed file. E. Request approval of the Weather Bug equipment purchase with a fiscal impact of $8, See Earth Networks file REG

19 BOOK 22 PAGE 673 F. Request approval of Resolution & Budget Amendment to reestablish Tourist Development Committee (TDC) funding for Project Lake Clay Stormwater Retrofit Phase II with a fiscal impact of $40, See Budget Amendment 2014 file, Res. Book 25 Page 238 & SMB 101 Page CONSENT AGENDA (2): A. Request approval to pay all bills with voting conflicts. There being no further bills with potential voting conflicts, this item was not motioned for approval. 9. PUBLIC HEARING: County Engineer Ramon Gavarrete: Public Hearing to consider the purchase of a portion of Parcel 30 as presented and as required for the construction of Sebring Parkway Phase II and approval of Contract for Sale and Purchase. Ramon Gavarrete, County Engineer, presented the request and stated that this meeting was duly noticed. A Proof of Publication was provided to the Clerk to become part of the permanent record. Ross Macbeth, Board Attorney, addressed the issue. Daniel Yarbrough, president of Yarbrough Tire and Service, Inc., addressed the Commission. After discussion regarding the final cost, the Commission concurred to settle the issue today with the number agreed to with Mr. Yarbrough during negotiations, minus the $15, for landscaping. Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to approve the purchase of a portion of Parcel 30 for the price of $486, for the construction of Sebring Parkway Phase II and to approve the Contract for Sale and Purchase at that amount. Mr. Macbeth recommended the following be added to the motion: and settlement of all issues, between Yarbrough Tire and the County; all issues pertaining to the property and any business located on the property; and all expert fees, all costs; all attorneys fees, all costs; all inclusive, no issues remaining. Chairman Harris questioned Mr. Yarbrough if he was in agreement with the recommended addition. Mr. Yarbrough stated yes and that they do not have any other issues. Commissioner Elwell amended his motion to include the recommendation by the Board Attorney and agreed upon. Commissioner Handley seconded the amendment. Upon roll call, all Commissioners voted aye. The motion carried. See County Deed file REG

20 BOOK 22 PAGE PUBLIC HEARING: County Engineer Ramon Gavarrete: Public Hearing to consider the purchase of a portion of Parcel 31 as presented and as required for the construction of Sebring Parkway Phase II and approval of Contract for Sale and Purchase. Ramon Gavarrete, County Engineer, presented the request and stated that this meeting was duly noticed. A Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Handley made a motion and Commissioner Richie seconded the motion to move to approve the purchase of a portion of Parcel 31 as presented and as required for the construction of Sebring Parkway Phase II and to approve the Contract for Sale and Purchase. Upon roll call, all Commissioners voted aye. The motion carried. See County Deed file. 11. ACTION AGENDA: Commissioner Elwell made a motion and Commissioner Brooks 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 Ramon Gavarrete: Presentation and request for direction concerning the Humane Society of Highlands County s request for a waiver of the Concurrency Clearance Review, Preliminary and Final Site Plan Review, Zoning/Planning Department Review and Driveway Permit. Ramon Gavarrete, County Engineer, and Linda Conrad, Zoning Supervisor, presented the request. Commissioner Handley made a motion and Commissioner Elwell seconded the motion, to move to waive all fees, with the exception of the plan review fee and the zoning and planning review fee, not to exceed $1, Ross Macbeth, Board Attorney, stated that no action was required because as long as requestor only submit three sheets for the site plan review and the zoning review, there are no other fees to waive. Commissioner Handley withdrew his motion and Commissioner Elwell withdrew his second. See SMB 101 Page 27. B. Clerk of Courts Accounting Director Tasha Morgan: Presentation of the Interim Financial Report of Key Operating Performance Measures as of December 31, Tasha Morgan, Clerk s Accounting Director, presented the Interim Financial Report of Key Operating Performance Measures as of December 31, The Commission thanked Ms. Morgan for the presentation. See Clerk s Financial Reporting file REG

21 BOOK 22 PAGE 675 C. Community Programs/Administrative Project Manager Chris Benson: 1. Request approval of a Communications Agreement, Resolution and Budget Amendment for a new VHF Simulcast Paging System with a fiscal impact of $186, Chris Benson, Community Programs/Administrative Projects Manager, presented the request. The Commission expressed their concerns. Commissioner Elwell requested the communications agreement be amended to include the E-Verify language. Commissioner Handley made a motion and Commissioner Brooks seconded the motion, to move to approve the Communications Agreement as amended, Budget Amendment , and corresponding Resolution for a new VHF simulcast paging system, with a fiscal impact of $186, Upon roll call, all Commissioners voted aye. The motion carried. See EMCI file, Res. Book 25 Page 239 & SMB 101 Page Request approval for the Solicitation of Letters of Interest (LOI) to lease real property, belonging to the County, to the highest and best bidder for the highest and best use as deemed by the Board. Chris Benson, Community Programs/Administrative Projects Manager, presented the request. Commissioner Brooks made a motion and Commissioner Richie seconded the motion, to move to request approval for the solicitation of letters of interest to lease real property, belonging to the County, to the highest and best bidder for the highest and best use as deemed by the Board. Vicki Pontius, Parks & Natural Resources Director, commented on the former agreement between the County and the YMCA for the lease of the old Avon Park clay pit for a BMX track. Jerri Canale, business owner interested in leasing the same property, addressed the Commission. Public input was received from Bill Youngman and John Nelson. Ross Macbeth, Board Attorney, stated that by statute the Board has to determine the highest and best use for the property. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 101 Page 29. D. Parks & Natural Resources Director Vicki Pontius: Request approval of the Recreation and Parks Advisory Committee s recommendation for improvements to the Highlands County School Board Tennis Courts in Lake Placid with a fiscal impact of $99, and Resolution and Budget Amendment REG

22 BOOK 22 PAGE 676 Vicki Pontius, Parks & Natural Resources Director, presented the request. Bill Brantley, Board member of the School Board of Highlands County, and Phil Williams, Town of Lake Placid Administrator, addressed the Commission. The Commission expressed their concerns. Public input was received from John Drozinksi, Gene Reese, John Nelson, and Dick Noel. After discussion, the Commission concurred to have County staff take a second look at the request to see if a lower number can be brought forward, while also communicating with the School Board and the Town of Lake Placid to see if a different solution can be worked out to lower the fiscal impact on the County. June Fisher, County Administrator, stated that staff will evaluate the different proposals that were submitted and will bring back answers regarding paving and other aspects of the project. See SMB 101 Page 30. E. Board Attorney Ross Macbeth: No report. F. County Administrator June Fisher: 1. County Administrator s report June Fisher, County Administrator, presented the County Administrator s report. See SMB 101 Page 31. Ms. Fisher requested the Board waive the animal adoption fee to reduce up to 14 animals (dogs or cats) to $10.00 each, and have vouchers available at the County fair, as an incentive for citizens to visit the Animal Control facility. Commissioner Brooks made a motion and Commissioner Richie seconded the motion, to move to waive the fee, and that is for the adoption of up to 14 cats or dogs during the fair week. Upon roll call, all Commissioners voted aye. The motion carried. Ms. Fisher requested to schedule an evening meeting for the recognition of Volunteer Firefighters on Tuesday, April 22, The Commission concurred to schedule the meeting for April 22, 2014 at 5:30 p.m. Chairman Harris asked that each Commissioner provide their list of goals to Mr. Fisher, who will compile the list and have it ready for discussion at the Goal Setting Workshop. 12. CITIZENS NOT ON THE AGENDA Dick Noel came before the Commission to address his thoughts and concerns REG

23 BOOK 22 PAGE COMMISSIONERS: Commissioner Richie: Commissioner Richie stated that he read an article regarding a news release where the Senate passed a measure to delay the requirement for federal flood insurance premiums. Commissioner Handley: Commissioner Handley stated that he attended a Canvassing Board workshop. Commissioner Elwell: No report. Commissioner Brooks: Commissioner Brooks stated that he will be attending the Southwest Florida Water Management District s Cooperative Funding meeting on Thursday at 10:00 a.m. in Bartow. Commissioner Harris: No report. 14. ADJOURN The meeting adjourned at 10:57 a.m REG

24 BOOK 22 PAGE 678 REGULAR MEETING OF THE BOARD, FEBRUARY 18, The meeting was called to order at 9:00 a.m. in the Highlands County Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present: Commissioner R. Greg Harris Commissioner Donald E. Elwell Commissioner James L. Brooks Commissioner William R. Handley Commissioner Jack L. Richie Also present: June Fisher, County Administrator; Randy Vosburg, Assistant 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 Board Attorney Ross Macbeth. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Ron Handley. 4. ANNOUNCEMENTS, June Fisher, County Administrator: Feb 18 1:00 pm Workshop of the Highlands County Board of County Commissioners Board room, 600 S. Commerce Ave., Sebring, FL Feb 19 7:30 am Children s Services Council 1968 Sebring Parkway, Sebring, FL Feb 25 9:00 am Public Hearing of the Highlands County Board of County Commissioners Board room, 600 S. Commerce Ave., Sebring, FL A. Other meetings: 1. Commissioners: The Veterans Council will meet today at 3:30 p.m. at the Veterans building. The Heartland Library Consortium will meet tomorrow at 10:00 a.m. at the Lake Placid Library. The Highlands Soil & Water Conservation District will meet today at 2:30 p.m. at the Ag Center. 2. Public: No other meetings announced by the public. 5. CLERK OF COURTS - Robert W. Germaine: No report. 6. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: No other announcements REG

25 BOOK 22 PAGE 679 Gary Ritter, with the South Florida Water Management District, commented on the water levels for Lake Istokpoga and Lake Okeechobee and announced the following meetings: 1.) FDEP Basin Management Action Plan for Lake Okeechobee February 19, 2014 at 10:00 a.m. at the Okeechobee Civic Center. 2.) FDEP Open House February 27, 2014 at 4:00 p.m. at the Bert J. Harris Auditorium. 7. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: A. Highlands County Health Department Administrator Mary Kay Burns: Request approval of a Proclamation recognizing the 125 th Anniversary of Florida Public Health. Mary Kay Burns, Highlands County Health Department Administrator, presented the request and read the Proclamation into the record. Commissioner Brooks made a motion and Commissioner Richie seconded the motion, to move to adopt the Proclamation recognizing the 125 th Anniversary of Florida Public Health. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 25 Page 240 & SMB 101 Page CONSENT AGENDA: June Fisher, County Administrator, requested to pull item 8D from the consent agenda and stated that the item did not require Board action. Commissioner Elwell stated that he is the co-chair for the Highlands Art League and did not need to preclude himself from voting on items 8H and 8I, as he was not receiving any type of payment or benefit. Public input was received from Bill Youngman. Commissioner Brooks made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda with the removal of item 8D, regarding the Canvassing Board. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits February 18, See Check Report file. GENERAL FUND 252, COUNTY TRANSPORT TRUST 19, LOCAL GOVT INFRA SURTAX 17, TOURIST DEV TRUST FUND 1, AFFORDABLE HOUSING ASST 10, SPECIAL LAW ENFORCEMENT 4, REG

26 BOOK 22 PAGE 680 STATE COURT FACILITIES TF COURT TECH (12) (E) BUILDING FUND IMPACT FEE TRANSP LK PLCD SOLID WASTE 5, ENERGY RECOVERY 43, INSURANCE FUND 46, B. Request approval of the minutes of the Board of County Commissioners meetings for January 28, and February 4, See Clerk of Courts website. C. Request approval to accept into the record the Court-related and Other Miscellaneous Funds Revenue and Expenditures for the Board of County Commissioners. See SMB 101 Page 33. D. Request approval of the appointments to the Canvassing Board of Commissioner Greg Harris as a member and Commissioner Ron Handley as an alternate member. (This item was pulled from the agenda.) See SMB 101 Page 34. E. Request approval for an Interlocal Agreement with the Town of Lake Placid for recreation funding with a fiscal impact of $110, See Town of Lake Placid file. F. Request approval of a renewal licensure of Positive Mobility, Inc. D/B/A Positive Medical Transport to operate as a Nonemergency Medical Transportation Service for wheelchair and stretcher service in Highlands County. See Positive Medical Transport file. G. Request approval to declare County-owned land, Parcel C , located at 143 E.A. Smith Ave., Lake Placid, as surplus and grant permission to solicit offers on its sale through the County s bid process. See SMB 101 Page 35. H. Request approval of a Highlands County Tourist Development Tax Grant to the Highlands Art League, Incorporated, to design the Highlands Art League website in the amount of up to $1, See Tourist Development Council file. I. Request approval of a Highlands County Tourist Development Tax Grant to the Highlands Art League, Incorporated, for advertising in the amount of up to $1, for the Citrus Labels & Crate Expectations Art Exhibit and for brochures in the amount of up to $1, See Tourist Development Council file. J. Request approval of a Highlands County Tourist Development Tax Grant to the Orchid Society Highlands, Inc. for advertising in the amount of up to $1, for the Orchid Society Highlands Presents 20 Years of Orchids. See Tourist Development Council file REG