BOOK 21 PAGE 636 REGULAR MEETING OF THE BOARD, JUNE 15, 2010

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1 BOOK 21 PAGE 636 REGULAR MEETING OF THE BOARD, JUNE 15, The meeting was called to order at 9:00 a.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present: Commissioner Don Bates Commissioner G. Guy Maxcy Commissioner Barbara Stewart Commissioner Jeff Carlson Commissioner Edgar Stokes Also present: Michael Wright, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ross Macbeth, Board Attorney. The Pledge of Allegiance was led by Commissioner Bates. 3. ANNOUNCEMENTS A. Upcoming County meetings: June 16 7:30 am Industrial Development Authority/Economic Development Commission Board of Directors meeting June 16 2:00 pm Children s Services Council of Highlands County Strategic Planning Committee Meeting June 17 9:00 am Keep Highlands County Beautiful, Inc. Board of Directors 227 US Highway 27 N., Sebring, Fl. Children s Advocacy Center, Large Conference Room, 1000 S. Highlands Ave., Sebring, Fl. 227 US Highway 27 N., Sebring, Fl. B. Other meetings: No other meetings announced. 4. CLERK: Bob Germaine, Clerk of Courts, stated that the Law Library is now under the Clerk s operation and they have a self-help program, mainly for family law but anyone can use it to represent themselves on any case. The program did not cost any tax dollars and research material and packets are available to the public. The Clerk s office is not allowed to help fill out packets or practice law in any way, but will assist in making this easy for the public. The Law Library is located in the third floor of the courthouse. 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: None were presented.

2 BOOK 21 PAGE CONSENT AGENDA: Ross Macbeth, Board Attorney, requested to move item 7B to the action agenda. Commissioner Stewart requested to pull item 7E for discussion. Chairman Bates stated that item 7B will be heard under 9C and item 7E will be heard under 9D-1. Commissioner Maxcy made a motion and Commissioner Stewart seconded the motion, to move to approve the consent agenda with the deletion of item 7B to be placed under the Board Attorney and item 7E to be placed under County Administrator. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits June 15, See Check Report 2010 file. General Fund County Transport Trust Intergovt Radio Communica Local Govt Infra Surtax Tourist Dev Trust Fund Sebring Parkway Maint State Court Facilities TF Court Tech (12) (E) 1 Building Fund HCISSRB Construction Fund Solid Waste Placid Utilities Highway Park Utility Energy Recovery Employee Benefit Fund Tax Deed Surplus Fund Highlands Hosp Pass Thru 163, , , , , , , , , , B. Request to approve a Reduction of Lien on Case Number CE , 2725 Dolphin Drive, Sebring, FL (This item will be heard under 9C Board Attorney.) C. Request approval of Highlands County Residuals Hauling and Lime Stabilization Agreement with Blue Septic Tank Service, Inc. Residual Management Facility (RMF) for the Tomoka Heights Wastewater Treatment Plant. See Blue Septic Tank Service, Inc. file. D. Request to approve a Guarantee Bond for Linda Dobson-Hacker s medium/palm readers business. See Palmistry file. E. Request approval to amend the title of the August 24, 2010 tax abatement referendum question from the existing language to Economic Development Ad Valorem Tax Exemptions for New Businesses and Expansions of Existing Businesses. (This item will be heard under 9D County Administrator.)

3 BOOK 21 PAGE PUBLIC HEARING: Public Hearing to consider adoption of a zoning change for MPC Land Investment Company, Inc., P&Z 1988 pertaining to property located at 1057 Lake June Road, Lake Placid, FL Don Hanna, with the Planning Department, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Rick Whidden, representing the applicant, presented their request. Public input was received from Mike Chapman. Commissioner Maxcy made a motion and Commissioner Carlson seconded the motion, to move to approve and adopt by Resolution P&Z 1988, amending the Zoning Atlas for approximately 7.98 acres from R-3 (Multiple-family Dwelling District) to AU PD (Agriculture District with a Planned Development), with the conditions, referencing the mandatory findings of fact and becoming effective as provided by law; and also to be conditioned with the waiver of the landscape buffer requirement and also add a deed restriction. Commissioner Maxcy requested to know what the deed restriction was to include it in his motion. Mr. Whidden stated that the restriction was that the garages were for the use of the owners of the townhouse only. Commissioner Carlson seconded the addition to the motion. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 135 & Comprehensive Plan Amendment 2010 file. 9. ACTION: Commissioner Stewart made a motion and Commissioner Maxcy seconded the motion, to move to set the action agenda as amended which is the addition under the Board Attorney and the addition under the County Administrator. Upon roll call, all Commissioners voted aye. The motion carried. A. Solid Waste Director: Request approval to authorize Contract, ITB Franchise Solid Waste Collection Services/Solid Waste Collection Services/Solid Waste Collection Franchise Contract. Michael Wright, County Administrator, and Gerald Secory, General Services/Purchasing Director, presented the request. Ross Macbeth, Board Attorney, stated that staff is requesting input from the Commission on whether they want to negotiate a contract with one firm for the whole county or two firms for two separate areas. Mr. Secory discussed the scoring mechanism on the proposals. Choice Environmental Services ranked #1 and Republic Services d/b/a Reliable Sanitation ranked #2. Chairman Bates questioned the Commission s pleasure on having one contractor or two contractors. The Commission concurred to go with one contractor and discussed in great detail the possibilities of having one area or split the county into two areas and the possibility of establishing a negotiating team to re-evaluate the proposals. Mr. Macbeth stated that the negotiating team should include one commissioner. Chairman Bates questioned if the Commission would prefer one zone or two zones for the County. Commissioner Stewart stated that she wasn t sure. Commissioner Maxcy voted for two zones. Commissioner Stokes, Commissioner Carlson, and Commissioner Bates voted for

4 BOOK 21 PAGE 639 one zone. Chairman Bates stated to staff that as far as negotiating is concerned they will go with one zone as it pertains to residential. Chairman Bates questioned if the Commission was satisfied to go with the ranking as presented by the evaluating team. Commissioner Maxcy and Commissioner Carlson stated no. Commissioner Stokes, Commissioner Stewart, and Commissioner Bates stated yes. Chairman Bates stated that this was a consensus of 3-2 and that their next step was to proceed to negotiate a contract with Choice Environmental Services and come back to the Board with a recommendation. The Board will decide whether to award that contract or not. After discussion, the Commission came to a consensus to set up a team of Michael Wright, Gerald Secory, Bernis Gainer, and one commissioner, to go back and check the criteria of the evaluation for Choice Environmental Services. Commissioner Stewart made a motion and Commissioner Carlson seconded the motion, to move that the next step taken is to have a group re-examine or examine in more detail the qualifications and the ability of Choice to satisfactorily perform such a contract and have this group report back to them with their findings, at which time the Board would authorize negotiations depending upon the report. Commissioner Stewart made an addition to the motion to state that the group will be Mr. Gainer, Mr. Secory, Mr. Wright, and Commissioner Carlson. Commissioner Carlson seconded the addition. Public input was received from Dean Williams, John Drennan, Dick Noel, Dale Wilson, Terry Collier, Rosie Earp, Jim Sage and Joe Eck. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 82 Page 27. B. Parks & Recreation Director: Request for approval of a dedication plaque for Mr. Don Hansen. Vicki Pontius, Parks & Recreation Director, presented the request. Commissioner Maxcy made a motion and Commissioner Carlson seconded the motion, to move to approve the installation of a plaque dedicated to Mr. Don Hansen at the Highlands County Sports Complex. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 82 Page 28. C. Board Attorney: (7B) Request to approve a Reduction of Lien on Case Number CE , 2725 Dolphin Drive, Sebring, FL Ross Macbeth, Board Attorney, presented the request and stated that the Order Reducing Lien contained in the agenda packet is not what the Board needs and that what they do need is a payment. Mr. Macbeth recommended that instead of satisfying the lien, they release the property from the lien of the Code Enforcement Order upon payment by the bank of the amount that they are willing to pay, if the Board finds the amount acceptable, and that they not satisfy the lien. April Hartseil, Code Enforcement Officer, addressed the issue. Irene Arencibia, representing the bank, addressed the request.

5 BOOK 21 PAGE 640 Commissioner Stewart made a motion and Commissioner Maxcy seconded the motion, to move to accept the reduced payment of $1, and that they release the property of the lien, but not satisfy the lien. Upon roll call, all Commissioners voted aye, except Commissioner Carlson, who voted nay. The motion carried. See SMB 82 Page 29. D. County Administrator: 1. (7E) Request approval to amend the title of the August 24, 2010 tax abatement referendum question from the existing language to Economic Development Ad Valorem Tax Exemptions for New Businesses and Expansions of Existing Businesses. Michael Wright, County Administrator, presented the request. Ross Macbeth, Board Attorney, addressed the issue. Commissioner Maxcy made a motion and Commissioner Stewart seconded the motion, to move approval of the change. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 82 Page CITIZENS NOT ON THE AGENDA Dale Wilson came before the Board to question if the County budget starts with a zerobased budget and if the asphalt plant is a viable business with a 400 hour limit, and if not, what alternatives exist. Michael Wright, County Administrator, and Commissioner Carlson addressed his request. Joe Eck commented on parking lot lights becoming more commercialized versus residential and requested that the regulations be checked. Michael Wright, County Administrator, will follow up on this request. 11. COMMISSIONERS: Commissioner Stewart: No report. Commissioner Maxcy: Commissioner Maxcy commented on the moral of the county employees and on comments made to directors in front of the Board and on television. Commissioner Carlson: No report. Commissioner Bates: No report. Commissioner Stokes: Commissioner Stokes stated that he was very concerned with the leadership the County had and made a motion to move to ask Mr. Wright for his resignation by 5:00 p.m. today and if it is not there, that his employment as Highlands County Administrator be terminated, and if this motion should pass, that his duties seize at the end of the vote. Commissioner Carlson seconded the motion for discussion.

6 Ross Macbeth, Board Attorney, asked the Commission not to take this action today because it should be deferred for seven days under the contract provisions that exist. Commissioner Stokes made an addition to his motion to move to go through the legal process. Commissioner Carlson seconded the addition. Mr. Macbeth outlined the proper procedure on following the provisions of the contract. Commissioner Stokes amended his motion to state that Mr. Wright go on paid administrative leave as of 12:00 p.m. today. Commissioner Carlson re-stated Commissioner Stokes motion: to give the seven days notice for the vote to terminate Mr. Wright and that his duties be suspended beginning at noon today, depending on the outcome of the vote seven days from now, and that he be placed on administrative leave with pay during that time period. Commissioner Stokes confirmed that this was the intent of his motion. Commissioner Carlson confirmed that this was the intent of his second. Mr. Wright addressed the Commission. The Commission addressed their comments and concerns. Upon roll call, all Commissioners voted aye, except Commissioner Stewart who voted nay. The motion carried. Chairman Bates stated that with the passing of the motion, Mr. Rick Helms, Assistant County Administrator, will assume the responsibility of the duties of Administrator effective 12:07 p.m. on June 15, ADJOURN The meeting adjourned at 12:07 p.m. BOOK 21 PAGE 641

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