BOOK 22 PAGE 179 REGULAR MEETING OF THE BOARD, MARCH 6, 2012

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1 BOOK 22 PAGE 179 REGULAR MEETING OF THE BOARD, MARCH 6, The meeting was called to order at 9:00 a.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present: Commissioner Jack L. Richie Commissioner Barbara Stewart Commissioner Ron Handley Commissioner Don Elwell Commissioner R. Greg Harris Also present: Ricky Helms, County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; Jerome Kaszubowski, Deputy Clerk; and Pamela Nava, Deputy Clerk. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Rev. Leroy McGahee. The Pledge of Allegiance was led by Mr. Earl Hershberger, representing the veterans. 3. ANNOUNCEMENTS Mar 06 1:00 pm Natural Resources Advisory Commission Resolution Sub-Committee Mar 06 7:00 pm Highlands County Construction Licensing & Appeals Board Mar 08 1:30 pm Highlands County Code Enforcement Special Magistrate Pamela T. Karlson Mar 08 2:30 pm Highlands County Historic Preservation Commission #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Board room, 600 S. Commerce Ave., Sebring, FL Board room, 600 S. Commerce Ave., Sebring, FL 501 S. Commerce Ave., Sebring, FL A. Other meetings: Commissioner Harris reminded all of the employees under the Board s insurance policy to participate in the Wellness Fair on March 7 and 8, The Highlands County Tea Party will meet tonight at Homer s restaurant at 6:00 p.m. They will be presenting a documentary movie called Iranium. The Highlands County Homeowners Association will meet on Monday, March 12, 2012 at 9:00 a.m. The IDA/EDC Executive Committee will meet on Monday, March 12, 2012 at 8:00 a.m. in Avon Park. 4. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, gave a brief report on the services provided by the Clerk of Courts Office for the month of February See SMB 91 Page RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: A. Administrative Services Director:

2 BOOK 22 PAGE Employee Recognition for Years of Service. Gerald Secory, Administrative Services Director, and Harvey Craven III, EMS Director, presented a certificate to Mr. Javier Peralta, in recognition for his years of service to the County. See SMB 91 Page Employee of the Quarter Award October 2011-December 2011 Gerald Secory, Administrative Services Director, and Harvey Craven III, EMS Director, presented a certificate to Ms. Lynda Schock, in recognition for her years of service to the County. See SMB 91 Page CONSENT AGENDA: Commissioner Stewart requested items 6E and 6I be moved to the action agenda for discussion as well as action, and commented on item 6J. Commissioner Harris also questioned item 6J. Ramon Gavarrete, County Engineer, addressed their concerns. Chairman Richie stated that items 6E, 6I, and 6J would be moved to the action agenda. Commissioner Elwell declared a conflict of interest on item 6A payments being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda, with the exception of items 6A, 6E, 6I, and 6J. Commissioner Stewart questioned for clarification if Commissioner Elwell was removing all of item 6A or just a portion. Commissioner Elwell stated that he only wanted to exclude the payment he had a conflict with. Public input was received from Dick Noel and John Drennan. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the payment to Alan Jay. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits March 6, See Check Report 2012 file for copy of check report and abstention form. GENERAL FUND 2,358, COUNTY TRANSPORT TRUST 34, E911 OPERATIONS FUND 69, LOCAL GOVT INFRA SURTAX 198, AFFORDABLE HOUSING ASST 14, SEBRING PARKWAY MAINT STATE COURT FACILITIES TF COURT TECH (12) (E) 1 3, BUILDING FUND SOLID WASTE 203, HIGHWAY PARK UTILITY ENERGY RECOVERY 73,144.78

3 BOOK 22 PAGE 181 B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meetings for February 21, See Clerk of Courts website. C. Request approval to release and return the Performance Bond to Racetrac Petroleum, Inc. for the Raceway Gas Station in Lake Placid with no additional fiscal impact. See Racetrac Petroleum, Inc. file. D. Request approval of a Resolution to amend Sections Six (6) and Eight (8) of the Highlands County Technical Standards Manual (HCTSM). See Res. Book 24 Page 169 & SMB 91 Page 4. E. Request approval of Satisfaction of Mortgages per attached list with respect to the State Housing Initiative Partnership (SHIP) Program. This item was moved to the action agenda. F. Request approval of City of Sebring, City of Avon Park and the Town of Lake Placid Interlocal Agreements for Recreation funding with a fiscal impact of $330, See City of Sebring file; City of Avon Park file; & Town of Lake Placid file. G. Request approval of the Construction Agreement between CSX Transportation, Inc. (CSXT) and Highlands County for the construction of the crossing surface and pedestrian control devices at the Memorial Drive Railroad Grade Crossing for the College Drive and Memorial Drive Multi-Use Path Project No in the total estimated amount of $72, See CSX Transportation, Inc. file. H. Request approval of the State of Florida Department of Transportation (FDOT) Local Agency Program (LAP) Supplemental Agreement No. 3 (FDOT FPN # ) and the accompanying Resolution authorizing the Chairman of the Board to execute said Supplemental Agreement for the College Drive and Memorial Drive Multi-Use Path Project No See FDOT file & Res. Book 24 Page 170. I. Request approval of Budget Amendment to transfer $19, within Cost Center 4210 for Project Landfill/Leachate Gas Collection System Upgrade from Account 56300Z Project Improvements to Account 56400Z Machinery & Equipment and 55403Z Education & Training. This item was moved to the action agenda. J. Request approval of Amendment 2 to Agreement DSBD OT between the State of Florida Department of Economic Opportunity Division of Strategic Business Development (formerly the Governor s Office of Tourism, Trade, and Economic Development) and Highlands County on behalf of Highlands Ethanol, LLC., with no negative fiscal impact to the County. This item was moved to the action agenda. 7. ACTION: Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to set the action agenda, as revised, and the revision is: under 7A, we will make the presentation item 7A-1 and consent item 6J will be 7A-2; we will then add item 6E as 7I; and we will add item 6I as 7J. Upon roll call, all Commissioners voted aye. The motion carried.

4 BOOK 22 PAGE 182 A. Highlands Ethanol Update: 1. Mr. Santiago Arcila and Mr. Kyle Kekeisen, Highlands Ethanol: Update on project. Mr. Frank Bagala, Plant Operations Manager for Highlands Ethanol, gave a brief update on the Highlands Ethanol plant. The Commission addressed their concerns and thanked Mr. Bagala for the presentation. Public input was received from Dick Noel, John Drennan, Norman Stevens, Kristina Anderson, and Paul McGehee. See SMB 91 Page (6J) Request approval of Amendment 2 to Agreement DSBD OT between the State of Florida Department of Economic Opportunity Division of Strategic Business Development (formerly the Governor s Office of Tourism, Trade, and Economic Development) and Highlands County on behalf of Highlands Ethanol, LLC., with no negative fiscal impact to the County. Ramon Gavarrete, County Engineer, presented the request. The Commission expressed their concerns. Mr. Gavarrete addressed their concerns. Commissioner Elwell made a motion and Commissioner Stewart seconded the motion, to move to approve and execute Amendment #2 to the DSBD OT Agreement. Upon roll call, all Commissioners voted aye. The motion carried. See Florida Department of Economic Opportunity file. B. EMS Director: Presentation on Highlands County Emergency Medical Services. Harvey Craven III, EMS Director, gave a detailed presentation on the Highlands County Emergency Medical Services. The Commission expressed their concerns. Break: 11:22 a.m. to 11:38 a.m. After the meeting was called back to order, Chairman Richie opened the floor for public input on the Emergency Medical Services presentation. Input was received from John Nelson and Gene Reese. See SMB 91 Page 6. C. Lakes Manager: Informational presentation on the Lake Placid Watershed Management Evaluation and Plan (L473) Southwest Florida Water Management District (SWFWMD) Agreement No. 2006REV0037 (County Project 05011). Clell Ford, Lakes Manager, gave a brief presentation on the Lake Placid Watershed Management Evaluation and Plan. The Commission thanked Mr. Ford for the presentation. See SMB 91 Page 7. D. County Engineer: Request approval of the recommendation by the Selection Committee to pursue negotiations with the sole proposer, Choice Environmental Services of Broward, Inc., to RFP Recyclables Transfer & Processing Services and Provision of Recycling Carts, and dissolution of the Selection Committee. Ramon Gavarrete, County Engineer, presented the request. The Commission addressed their concerns. Public input was received from Dick Noel, Dale Wilson, and Bill Youngman.

5 BOOK 22 PAGE 183 Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to pursue negotiations with the sole proposer, Choice Environmental Services of Broward, Inc., to RFP Recyclables Transfer & Processing Services and Provision of Recycling Carts, and to dissolve the selection committee. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 91 Page 8. Break: 12:17 p.m. to 1:32 p.m. E. County Administrator, Board Attorney and County Engineer: Request approval of an Interlocal Agreement between Highlands County and the Town of Lake Placid for the transfer of utilities. Ricky Helms, County Administrator, briefly introduced the item. Ramon Gavarrete, County Engineer, presented the request. Mr. Bert Harris, Lake Placid Town Counsel, and Councilman Ray Royce, with the Town of Lake Placid, were present for the discussion. Ross Macbeth, Board Attorney, addressed the comparison of the Interlocal Agreement as prepared by himself and the one adopted by the Lake Placid Town Council. The Commission expressed their concerns in great detail. Mr. Gavarrete, Mr. Harris, and Councilman Royce addressed their concerns. Commissioner Stewart stated that she could not support the Interlocal Agreement as written because she believes that it is incumbent upon any public service provider to provide for fire protection, and that she was 100% supportive of the transfer of the utility systems to the Town, but could not support the agreement due to fire hydrants not being provided. Mr. Harris addressed the section on fire protection. After discussion, the Commission came to a consensus to remove Section 14.B from the Interlocal Agreement which would mandate existing improvements to connect to the regional utility system when such service is available within 60 feet of the property line. Commissioner Harris made a motion to move to approve the proposed Interlocal Agreement between Highlands County and the Town of Lake Placid, including the Town s recommendation, for the transfer of utilities to create the Lake Placid Regional Municipal Utility as amended during this meeting. Mr. Bert Harris suggested that the motion be to adopt the Town s counterproposal, excluding Paragraph 14B. Commissioner Harris stated that that would be his motion. Commissioner Elwell seconded the motion. Public input was received from Rev. Leroy McGahee, Derek Robinson, Lake Placid Town Councilwoman Debra Worley, Selvin McGahee, Eugene Wilson, and Pastor DJ Walker. Commissioner Elwell requested that the Town of Lake Placid reach out to the citizens from Highway Park to make sure they are informed every step of the way. Commissioner Harris concurred and stated that he would like to see every one of their questions answered.

6 BOOK 22 PAGE 184 Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. The motion carried. Commissioner Stewart requested that if the Commission decided to move ahead with a countywide ordinance for the protection of residents to look to the standards set by the City of Avon Park. The Commission concurred to have the County Administrator add the countywide ordinance to their list of short term goals. See Town of Lake Placid file & SMB 91 Page 9. Break: 3:36 p.m. to 3:47 p.m. F. Board Attorney: No report. G. County Administrator with County Engineer: Discussion on the Sebring Parkway System and Sebring Parkway Phase III at College Drive and Memorial Drive. Ricky Helms, County Administrator, briefly introduced the item. Ramon Gavarrete, County Engineer, addressed the discussion of the Sebring Parkway System and the Sebring Parkway Phase III at the College Drive and Memorial Drive. Dr. Norman Stephens and Mr. Glenn Little, with South Florida Community College, were present for the discussion. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to continue to instruct our staff that we intend to move forward expeditiously with Phase III. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. Dr. Stephens addressed the issue. The Commission expressed their concerns in great detail in regards to the options presented. Public input was received from Joe Wright, Dick Noel, John Barben, Maria Sutherland, Tami Collins, and Tim Backer. Commissioner Handley made a motion and Commissioner Stewart seconded the motion, to move to proceed with the design, bid, and construction of the Sebring Parkway Phase III, Project #09021 with the original concept option for the intersection of Sebring Parkway Phase III at Memorial Drive and College Drive. Upon roll call, all Commissioners voted aye, except Commissioner Harris, who voted nay. The motion carried. Chairman Richie requested that the County Engineer come up with definite answers to help make this option acceptable to the college. See SMB 91 Page 10. The Commission decided to re-visit the Sebring Parkway Phase II next week. H. Parks & Natural Resources Director: Request approval to use the Martin Luther King Park Sporting Complex for the 1 st Annual Rising Son Easter Gospel. Vicki Pontius, Parks & Recreation Director, presented the request. Sheriff Susan Benton stated that this event which happened at Highway Park each year violated all of the County

7 rules and recommended that the Commission deny the request until the organizers go through the proper permitting process. Ross Macbeth, Board Attorney, addressed the issue. Mr. Vince Hill, President of the Highway Park Neighborhood Preservation Board, addressed the issue and requested that the Commission inform them what rules they must follow, but to not ask them to cancel their gospel event. Mr. Onterial Clark, Highway Park resident, addressed his request for an Easter event. Ms. Theresa Williams, with the Star Program, addressed the issue. Commissioner Harris stated that they should look at ways to make this request work and to inform the organizers what rules they must follow. Lt. Jim McGann addressed the issue. Mr. Hill stated that they can leave out the food vending, the bounce houses, and the stage. The Commission concurred to ask the organizers to hold the gospel event on Saturday. Sheriff Benton stated that they will work with the organizers to pull off the gospel event on Saturday and will work to diminish the other Easter event on Sunday. Commissioner Harris strongly suggested Mr. Hill and Mr. Clark take the Sheriff s offer. Sheriff Benton stated that she will work with Ms. Pontius on this issue. See SMB 91 Page 11. I. (6E) Request approval of Satisfaction of Mortgages per attached list with respect to the State Housing Initiative Partnership (SHIP) Program. June Fisher, Assistant County Administrator, presented the request. The Commission expressed their concerns. Ross Macbeth, Board Attorney, addressed the issue. Commissioner Handley made a motion and Commissioner Harris seconded the motion, to move to counteroffer any short sale offers or any contracts that are out there at 20% of the outstanding balance, at which point we would release the property. Commissioner Elwell suggested to counteroffer at 50%. Commissioner Handley and Commissioner Harris amended their motion to counteroffer at 50%. Upon roll call, all Commissioners voted aye. The motion carried. Mr. Macbeth questioned for clarification if the motion meant to counteroffer at 50% of the principal balance or did it mean the balance plus the interest. Commissioner Handley stated that it included the accrued interest. See SMB 91 Page 12. J. (6I) Request approval of Budget Amendment to transfer $19, within Cost Center 4210 for Project Landfill/Leachate Gas Collection System Upgrade from Account 56300Z Project Improvements to Account 56400Z Machinery & Equipment and 55403Z Education & Training. Ramon Gavarrete, County Engineer, presented the request. Commissioner Stewart expressed her concerns. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve Budget Amendment Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2012 file & SMB 91 Page CITIZENS NOT ON THE AGENDA No participants. BOOK 22 PAGE 185

8 BOOK 22 PAGE COMMISSIONERS: Commissioner Handley: No report. Commissioner Elwell: No report. Commissioner Stewart: Commissioner Stewart commented on the Department of Economic Opportunity s Strategic Planning Session that she attended last week. Commissioner Harris: Commissioner Harris stated that he would like to give a shout out to Ms. Thelma Pile and Commissioner Stewart s mom, who watch the County Commission meeting each week. Commissioner Harris also thanked Alan Wildstein and Bill Jarrett for going above and beyond to help the United Way Campaign. Commissioner Harris questioned the paving of roads and the resurfacing of roads. Commissioner Stewart addressed his concerns. Ricky Helms, County Administrator, stated that a presentation on the road policy will be coming to the Board soon. Commissioner Richie: No report. 10. ADJOURN The meeting adjourned at 7:51 p.m.