BOOK 21 PAGE 889 REGULAR MEETING OF THE BOARD, APRIL 12, 2011

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1 BOOK 21 PAGE 889 REGULAR MEETING OF THE BOARD, APRIL 12, 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 Barbara Stewart Commissioner Jack L. Richie Commissioner R. Greg Harris Commissioner Don Elwell Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ricky Helms, County Administrator. The Pledge of Allegiance was led by Billie Jewett. 3. ANNOUNCEMENTS Apr. 12 3:00 pm Planning & Zoning Commission and the Local Planning Boardroom, 600 S. Commerce Ave., Agency and the Zoning Board of Adjustment Sebring, FL Apr. 13 9:30 am Highlands County Affordable Housing Advisory Committee CANCELLED Room 3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Apr. 13 9:30 am Central Florida Regional Planning Council Hardee Co. Public Library, 315 N. 6 th Ave., Wauchula, FL Apr. 14 1:30 pm Public Hearing of the Highlands County Code Enforcement Boardroom, 600 S. Commerce Ave., Special Magistrate Pamela T. Karlson Sebring, FL Apr :00 pm Highlands County Health Facilities Authority Sebring City Council Chambers, Sebring City Hall, 368 S. Commerce Ave., Sebring, FL A. Other meetings: The Negotiations Workgroup and TD Bank will meet for the RFP on banking services at 1:30 p.m. today in room B-251 of the Government Center. The Insurance Committee will meet on April 14, 2011 at 10:00 a.m. in the boardroom. 4. CLERK: Bob Germaine, Clerk of Courts, announced that the Day of Prayer event will take place on May 5 th at 11:00 a.m. at the courthouse lawn. 5. CONSTITUTIONAL OFFICERS: A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report. 6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: A. Ms. Elizabeth V. Lenihan, President, Highlands County Bar Association: Request approval of Proclamation in recognition of May 6, 2011 as Law Day Elizabeth Lenihan, President of the Highlands County Bar Association, read the Proclamation into the record.

2 BOOK 21 PAGE 890 Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the Proclamation in recognition of May 6, 2011 as Law Day. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 6. B. Ms. Ashley L. Moore, LifeLink Foundation: Request approval of a Proclamation recognizing April as Donate Life Month Ms. Virginia Skipper Carter, representing the LifeLink Foundation, read the Proclamation into the record. Public input was received from Jerry Kingsbury. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Proclamation recognizing the month of April 2011 as Donate Life Month. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 7 & SMB 86 Page 65. C. Administrative Services Director: Recognition of the Employee of the Quarter Gerald Secory, Administrative Services Director, invited the Commissioners and Ricky Helms, County Administrator, to present an award to Patty Randall, recognizing her as the Employee of the Quarter. See SMB 86 Page CONSENT AGENDA: Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve 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 April 12, See Check Report 2011 file. GENERAL FUND 681, COUNTY TRANSPORT TRUST 21, INTERGOVT RADIO COMMUNICA 6, LOCAL GOVT INFRA SURTAX 5, TOURIST DEV TRUST FUND 5, AFFORDABLE HOUSING ASST 21, HOME INITIATIVES PARTNER 39, STATE COURT FACILITIES TF COURT TECH (12) (E) 1 18, BUILDING FUND 2, SOLID WASTE 49, PLACID UTILITIES HIGHWAY PARK UTILITY ENERGY RECOVERY 94, EMPLOYEE BENEFIT FUND 2, B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for March 29, See Clerk of Courts website. C. Request approval of a Release of Lien on Case Number CE , 159 E. A. Smith Avenue, Lake Placid, FL See Subdivision file.

3 BOOK 21 PAGE 891 D. Request approval of a Partial Release of Lien on Case Number CE , 714 Lake Blue Drive, Lake Placid, FL See Subdivision file. E. Request approval of a Satisfaction of Lien on Case Number CE , 4218 Maserati Street, Sebring, FL See Subdivision file. F. Request approval of a Satisfaction of Lien on Case Number CE , 4242 Maserati Street, Sebring, FL See Subdivision file. G. Request approval of a Satisfaction of Lien on Case Number CE , 2101 East Claradge Avenue, Avon Park, FL See Subdivision file. H. Request approval of a Satisfaction of Lien on Case Number CE , 2241 West Snell Road, Avon Park, FL See Subdivision file. I. Request approval of a Satisfaction of Lien on Case Number CE , 1213 Thurston Avenue, Sebring, FL See Subdivision file. J. Request approval of a Satisfaction of Lien on Case Number CE , 1101 CR 17 N., Lake Placid, FL See Subdivision file. K. Request approval of a Satisfaction of Lien on Case Number CE , 223 Red Pine Drive, Sebring, FL See Subdivision file. L. Request approval of a Satisfaction of Lien on Case Number CE , 102 Robin Avenue, Sebring, FL See Subdivision file. M. Request approval of Satisfaction of Mortgages with respect to the State Housing Initiative Partnership (SHIP) Program. See Satisfaction of Mortgages file. 8. PUBLIC HEARING: Public Hearing to consider a proposed Ordinance to amend Article III of Chapter 11, for Nonconsensual Immobilization, Towing, Removal and Storage of Vehicles. Mark Hill, Development Services Director, and Linda Conrad, Zoning Supervisor, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Ms. Conrad read the caption of the Ordinance into the record. Ross Macbeth, Board Attorney, briefly addressed each section of the Ordinance. Mike Durham, Counsel for the Sheriff s Office, addressed the Ordinance and suggested several changes. Input was received from Richard Macklin, Tom Macklin, Deborah Witmer, J.P. Fane, Major Mark Schrader, and Beverly Ragland. The Commission addressed their concerns. Mr. Macbeth read the changes made to the proposed Ordinance. Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to adopt the submitted Ordinance (B version), as revised, for Nonconsensual Immobilization, Towing, Removal and Storage of Vehicles. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 14 & SMB 86 Page 67.

4 BOOK 21 PAGE 892 Break: 10:43 a.m. to 10:56 a.m. 9. ACTION: Ricky Helms, County Administrator, suggested pulling item 9B and moving item 9D-1 up to item 9A. Mr. Helms also requested to briefly visit the issue of setting the time for the joint meeting with the School Board of Highlands County. Commissioner Stewart stated that they also need to take action on the appointment of Jerome Kaszubowski to the Florida Rural Broadband Alliance (FRBA) Board. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda with the amendment of moving item D1 to item A; making item A item B; deleting old item B; item C remains the same; item D2 becomes item D1; and the addition of a new item D2, to approve the confirmation of Jerome Kazsubowski to the FRBA Committee. Upon roll call, all Commissioners voted aye. The motion carried. A. County Administrator: Request for confirmation of County Veteran Services Officer. Ricky Helms, County Administrator, presented the request for confirmation of Denise Williams as the County Veteran Services Officer. Ms. Williams addressed the Board. Public input was received from Billie Jewett. Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to confirm the appointment of Denise Williams to the position of County Veteran Services Officer. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 68. B. Acting County Veteran Services Officer: Request to appoint a member to the Veteran Advisory Board. This item was pulled from the agenda. See SMB 86 Page 69. B. Presentations and budget discussions: Road & Bridge Superintendent: Presentation on the Road & Bridge Department. Kyle Green, Road & Bridge Superintendent, gave a brief presentation on the Road & Bridge Department and commented on their budget. The Commission addressed their comments and concerns. Public input was received from Bill Youngman, Gabriel Read, and John Drennan. The Commission thanked Mr. Green for his presentation. See SMB 86 Page 70. C. Board Attorney: TD Bank E-Verify Discussion. Ross Macbeth, Board Attorney, briefly addressed the Employment Eligibility Verification language proposal received from TD Bank. Public input was received from Bill Youngman, John Drennan, and Gabriel Read. The Commission addressed their concerns. Ricky Helms, County Administrator, and Gerald Secory, Administrative Services Director, addressed the concerns raised by the Commission. Commissioner Elwell suggested pulling the item until more information was acquired from the Negotiations Committee meeting scheduled today with representatives from TD Bank.

5 BOOK 21 PAGE 893 Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Employment Eligibility Verification document as presented by TD Bank. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See SMB 86 Page 71. D. County Administrator: 1. Request for confirmation of County Veteran Services Officer. This item was moved up to item 9A. 1. Request for approval of the restructure of the County Administration Department and the associated Job Descriptions Ricky Helms, County Administrator, presented the request. The Commission addressed their comments and concerns on the establishment of an Administrative Manager position and the Assistant County Administrator/Community Services Division Director position. Mr. Helms stated that the salary for the proposed new position of Administrative Project Manager would be $59,143, with the benefits included in the amount; and the salary for the Assistant County Administrator/Community Services Division Director position would be $162,894, with the benefits also included in the amount. Commissioner Elwell stated that at this particular time, he has real difficulty approving a pay increase of about $16,000 for the current Community Services Division Director to take the responsibilities of Assistant County Administrator, because of cuts they may have to make during the budget process. Commissioner Elwell made a motion to move to approve the restructure of the County Administration department as provided, with the Assistant County Administrator/Community Services Division Director salary maintained at the previous administration level of $146,852, including benefits. The motion died for lack of a second. After discussion, Commissioner Richie made a motion, to move to approve the restructure of the County Administration department and the associated job descriptions. Commissioner Harris seconded the motion. Commissioner Elwell questioned if the motion included the $16,000 pay increase for the Assistant County Administrator/Community Services Division Director position. Commissioner Richie stated yes. Public input was received from Gabriel Read and John Drennan. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See SMB 86 Page 72. Mr. Helms briefly informed the Commission that the School Board of Highlands County has indicated a meeting time of 5:30 p.m. for the joint meeting with the Commission on Monday, May 9, 2010 at the Commission Chambers. The Commission agreed with the time. 2. Request for approval of the restructure of the County Administration Department and the associated Job Descriptions. This item was moved up to item 9D-1.

6 2. Request for appointment of Jerome Kaszubowski as alternate member to the Florida Rural Broadband Alliance. Ricky Helms, County Administrator, presented the request. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve Jerome Kaszubowski as the alternate member to the Florida Rural Broadband Alliance (FRBA) Board. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page CITIZENS NOT ON THE AGENDA Rick Ingler came before the Board to request that the back up material attached to the online agenda be re-posted if any changes occur before the meeting takes place; and requested that any additional information submitted to the Commission during the meeting be available for the public to view at the beginning of the meeting. Mr. Helms stated that they will take care of this in the future. 11. COMMISSIONERS: Commissioner Richie: Commissioner Richie commented on the meeting he attended yesterday with residents of Highway Park. Commissioner Elwell: No report. Commissioner Harris: Commissioner Harris commented on his visit to the Vercipia bio-fuel plant. Commissioner Stewart: No report. 12. ADJOURN The meeting adjourned at 1:10 p.m. BOOK 21 PAGE 894