BOOK 22 PAGE 310 REGULAR MEETING OF THE BOARD, AUGUST 21, 2012

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1 BOOK 22 PAGE 310 REGULAR MEETING OF THE BOARD, AUGUST 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 Jack L. Richie Commissioner Barbara Stewart Commissioner Ron Handley Commissioner Don Elwell Commissioner R. Greg Harris Also present: June Fisher, Interim 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 Commissioner Barbara Stewart. 3. Pledge of Allegiance The Pledge of Allegiance was led by Commander Michael Basile. 4. ANNOUNCEMENTS Aug 21 3:00 pm Highlands County Soil Conservation District #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd, Sebring, FL Aug 22 10:00 am Heartland Library Cooperative Lake Placid Memorial Library Meeting Room, 205 W. Interlake Blvd., Lake Placid, FL Aug 23 1:30 pm Highlands County Planning & Zoning Commission & the Local Planning Agency Board room, 600 S. Commerce Ave., Sebring, FL A. Other meetings: The Sebring Airport Authority will meet on Thursday, August 23, 2012 at 1:00 p.m. John Nelson, with the Highlands Tea Party, announced that U.S. Representative Tom Rooney will be here on Wednesday, August 22, 2012 at the Sebring Civic Center at 6:00 p.m. Elli Million, President of the Democratic Women s Club of Highlands County, announced that Ms. Diana McGee, Area Representative of U.S. Senator Bill Nelson, will be at the Chamber of Commerce on Tuesday, August 28, 2012 from 9:30 a.m. to 11:30 a.m. 5. CLERK OF COURTS: Bob Germaine, Clerk of Courts, gave a brief update on the Clerk s E-filing system and stated that it was up and running. 6. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: No announcements by Constitutional Officers. Gary Ritter, with the South Florida Water Management District Okeechobee Service Center, commented on the water levels for Lake Istokpoga and Lake Okeechobee.

2 BOOK 22 PAGE RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: A. Commissioner Stewart: Request approval of a Proclamation recognizing August 26, 2012 as Highlands County Women s Equality Day commemorating the day American women were given the right to vote. Dr. Maureen McKenna addressed the Commission. Commissioner Stewart read the Proclamation into the record. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the Proclamation as read. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 228 & SMB 93 Page 40. B. Highlands County Health Department Director Robert Palussek: Presentation of the Acting Director of the Highlands County Health Department. Robert Palussek, with the Highlands Regional Medical Center, introduced Ms. Mary Kay Burns, Acting Director of the Highlands County Health Department, to the Commission. The Commission welcomed Ms. Burns to Highlands County. 8. CONSENT AGENDA: Commissioner Stewart questioned item 8F. Ross Macbeth, Board Attorney, addressed her concerns. Mr. Paul McGehee, Chairman of the IDA/EDC, addressed item 8F. The Commission concurred to vote on item 8F separately. Commissioner Stewart questioned item 8D. Scott Canaday, Emergency Management Director, addressed her concerns. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda, with the exception of item 8F. Upon roll call, all Commissioners voted aye. The motion carried. Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to expand the membership of the Highlands County IDA to fifteen (15) members. Upon roll call, all Commissioners voted aye. The motion carried. Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to appoint the following three (3) people: Terrance Dolan, James Kegley, and Heather Harshman, to the three new seats; and their terms will begin September 1, 2012; and it will be a 4-year term. Upon roll call, all Commissioners voted aye. The motion carried. Commissioner Stewart made a motion to reappoint John Shoop to a 4-year term. Commissioner Stewart withdrew her motion.

3 BOOK 22 PAGE 312 Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move that John Shoop be appointed to a term, effective immediately, and that term will terminate on February 20, Commissioner Stewart stated that this would begin his first of the two (2) limited terms. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits August 21, See Check Report 2012 file. GENERAL FUND 227, COUNTY TRANSPORT TRUST 26, CONSERVATION TRUST FUND 7, FL BOATING IMPROVEMENT 2, LOCAL GOVT INFRA SURTAX 97, TOURIST DEV TRUST FUND HOSPITAL DISTRICT 107, AFFORDABLE HOUSING ASST 3, SEBRING PARKWAY MAINT STATE COURT FACILITES TF 1, COURT TECH (12) (E) 1 2, SOLID WASTE 4, ENERGY RECOVERY 95, B. Request approval of the minutes of the Board of County Commissioners meetings for July 31, 2012 and August 7, See Clerk of Courts website. C. Request to accept into the record the Court Related and Other Miscellaneous Funds Revenue and Expenditures for the Board of County Commissioners. See SMB 93 Page 41. D. Request for acceptance of the extension for Federally Funded Subgrant Agreement 12HF that was approved by the Board on February 14, See Emergency Management file. E. Request approval of the Veteran Services Office and the Veterans Advisory Board s recommendation to appoint J.P. Plunkett, Rick Ingler and Gerald Harvey to the Veterans Advisory Board for a three-year term. See SMB 93 Page 42. F. Request approval of the appointments of Terrence Dolan, James Kegley and Heather Harshman and re-appointment of John Shoop to the Industrial Development Authority Board as recommended by the Industrial Development Authority/Economic Development Commission. See SMB 93 Page 43. G. Clerk of Court s request for approval of Budget Amendment as correction to Budget Amendment with funds reclassification request with a fiscal impact of $33,144. See Budget Amendment 2012 file & SMB 93 Page 44.

4 BOOK 22 PAGE PUBLIC HEARING: Public Hearing to consider adoption of a Wind Speed Ordinance. SY Moseley, Building Official, presented the request. Ross Macbeth, Board Attorney, 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. Public input was received from Bill Youngman and Rick Whidden. Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve an Ordinance of Highlands County Board of County Commissioners, establishing a new wind speed line, providing for severability, providing for conflict, providing for repeal, and providing for an effective date. Upon roll call, all Commissioners voted aye. The motion carried. See Proof of Publication file, Ordinance Book 14 & SMB 93 Page PUBLIC HEARING: Public Hearing to consider a Resolution to vacate an easement being described as a portion of the southeasterly 2.5 feet of the Northwesterly 10 feet of Lot 3, Block 749, of Unit 15 R1 a 1989 replat of Unit 15, as recorded in Plat Book 15, Page 40, Sun n Lake Estates of Sebring. Ramon Gavarrete, County Engineer, presented the request and read the caption of the Resolution into the record. A Proof of Publication was provided to the Clerk to become part of the permanent record. Linda Conrad, Zoning Supervisor, addressed the issue. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve the attached Resolution to vacate the easement as described in the Resolution, effectively closing, vacating, abandoning, and discontinuing all rights of the County and the public in and to the easement, and any lands in connection therewith. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 229 & SMB 93 Page PUBLIC HEARING: Public Hearing to consider adoption of CPA SS, Small Scale Plan Amendment, for MPC Land Investment Company, Inc. for property generally located on the corner of Peachtree Drive and Lake June Road, Lake Placid, FL. Susan BuChans, Planning Supervisor, and Joedene Thayer, Planner, presented the request. Linda Conrad, Zoning Supervisor, 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. Public input was received from Teresa Pahl and John Pahl. Rick Whidden, representing the applicant, addressed the issue. The Commission discussed the issue of approving this request with conditions. Mark Hill, Development Services Director, recommended that any conditions set by the Commission to restrict uses be agreeable to the applicant in order to avoid a law suit, because they already have the R-3 zoning. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve and adopt by Ordinance CPA SS, amending the Future Land Use Map for approximately 9.47 acres, from Commercial to Medium Density Residential, with conditions; referencing the mandatory findings of fact; transmitting CPA SS to the Florida Department of Economic Opportunity; and becoming effective as provided by law.

5 Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment 2012 file & Ordinance Book 14. Commissioner Stewart stated for clarification, that it was her intention to adopt the Ordinance without conditions. The Commission concurred. 12. PUBLIC HEARING: Public Hearing to consider P&Z 2001, a Zoning Change for MPC Land Investment Company, Inc. for property generally located on the corner of Peachtree Drive and Lake June Road, Lake Placid. Susan BuChans, Planning Supervisor, and Joedene Thayer, Planner, presented the request. Linda Conrad, Zoning Supervisor, 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. Public input was received from Teresa Pahl. Rick Whidden, representing the applicant, addressed the issue. Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to adopt by Resolution P&Z 2001 and amend the Zoning Atlas for 0.75 acres from R-3 (Multiple-Family Dwelling Including Motel and Hotel District) to B-3 Cu (Business District with a Conditional Use). Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment 2012 file & Res. Book 24 Page 230. Break: 10:41 a.m. to 10:54 a.m. BOOK 22 PAGE ACTION: June Fisher, Interim County Administrator, requested to add item D3 Budget Amendment to the action agenda. Commissioner Elwell made a motion and Commissioner Stewart seconded the motion, to move to set the action agenda with the addition of item 13D-3 as noted by our Interim County Administrator. Upon roll call, all Commissioners voted aye. The motion carried. A. County Engineer: Consideration of recyclables collection, transfer and processing options. Ramon Gavarrete, County Engineer, presented the request and stated that staff recommends that the Board reject the proposal to RFP Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to reject the proposal from Choice Environmental Services of Broward, Inc. for RFP , Recyclables Transfer & Processing Services and Provision of Recycling Carts and end contract negotiations. Commissioner Stewart amended her motion to correct the RFP number to RFP Commissioner Elwell seconded the amendment. Public input was received from Dale Wilson, Jerry Kingsbury, and John Nelson. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 93 Page 47.

6 BOOK 22 PAGE 315 B. OMB: Update on the Fiscal Year Budget. June Fisher, Interim County Administrator, gave an opening statement regarding the update on the FY budget. Tim Mechling, OMB Senior Manager, gave a brief presentation on the General Fund budget. Ms. Fisher addressed the additional potential reductions. The Commission came to a consensus that the proposed consolidation of the Tourist Development Council and the Industrial Development Authority may or may not take place before the budget is adopted this year. Commissioner Stewart recommended to reduce the Reserve for Contingency fund to $750,000. The Commission concurred with Commissioner Stewart s recommendation. See SMB 93 Page 48. Ms. Fisher addressed the additional reductions made to the departmental cost centers. See SMB 93 Page 49 for copy of materials provided. GENERAL ADMINISTRATION Ms. Fisher addressed the reductions taken within the cost centers listed below. No additional input was provided. Board of County Commissioners County Administration Public Information ADMINISTRATIVE SERVICES Ms. Fisher addressed the reductions taken within the cost centers listed below. No additional input was provided. Facilities Court House Facilities Office of Management and Budget Human Resources NAV Assessment Central Services General Services COMMUNITY SERVICES Ms. Fisher addressed the reductions taken within the cost centers listed below. Commissioner Stewart requested staff double check that each department reduce their Travel & Per Diem expenditures. Information Technology Local Emergency Management Agency Communications Program County Fire Coordinator Emergency Medical Service Animal Control No input was provided on the cost centers listed above.

7 BOOK 22 PAGE 316 Parks Department Commissioner Handley suggested taking another look at the Rentals & Leases expenditure. Commissioner Stewart questioned if this expenditure and the Gas & Oil expenditure would be looked at once the information for the consolidation of the mowing operations was prepared. Ms. Fisher stated yes. Parks Administration Commissioner Elwell and Commissioner Stewart suggested taking another look at the Repairs & Maintenance and Gas & Oil expenditures to see if an additional reduction could be taken. Sports Complex Chairman Richie suggested taking another look at the Utility Services expenditure. Commissioner Elwell suggested taking another look at the Repairs & Maintenance expenditure. Natural Resources Cooperative Aquatic Plant No input was provided on these two cost centers. Libraries Avon Park Libraries Sebring Libraries Lake Placid Libraries Countywide Commissioner Stewart requested staff look at the Contractual Services expenditures for the Libraries regarding catalogers. Commissioner Stewart left the meeting at 12:08 p.m. County Extension Children s Advocacy Center No input was provided on these two cost centers. Veteran Services Office Commissioner Elwell requested staff take an additional look at the Office Supplies and Operating Supplies expenditures. Public Assistance Program No input was provided on this cost center. Healthy Families Highlands Commissioner Elwell requested staff take another look at the Operating Supplies expenditure.

8 BOOK 22 PAGE 317 Community Program Services Chairman Richie questioned the Operating Supplies expenditure. Mr. Mechling addressed his concerns. Community Program Housing Ms. Fisher stated that all expenses under this cost center have been moved to the grant, except for the compensated absences. GROWTH MANAGEMENT Ms. Fisher addressed the reductions taken within the cost centers listed below. County Planning & Development Commissioner Elwell questioned the Office Supplies and Dues & Memberships expenditures. Sue BuChans, Planning Supervisor, addressed his concerns. Ms. Fisher stated that staff will take another look at the Office Supplies expenditure. Commissioner Elwell suggested changing the title of cost center CFRP Council. Mr. Mechling addressed and stated that they will change the title to CFRP Council Contracts. Zoning Commissioner Elwell questioned the Gas & Oil expenditure. Linda Conrad, Zoning Supervisor, addressed his concerns. Nuisance Abatement No input was provided for this cost center. C. Board Attorney: No report. D. Interim County Administrator: 1. Request approval of Budget Amendment # from Reserve for Contingency for Unemployment charges with a fiscal impact of $9, June Fisher, Interim County Administrator, presented the request. Commissioner Elwell made a motion and Commissioner Harris 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 93 Page Request approval of Budget Amendment # from Reserve for Contingency for Emergency Installation of Sewer Line Extension with a fiscal impact of $30, June Fisher, Interim County Administrator, presented the request. Gerald Secory, Administrative Services Director, addressed the issue. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve Budget Amendment

9 BOOK 22 PAGE 318 Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2012 file & SMB 93 Page Request approval of Budget Amendment # to appropriate funding for damages incurred from Tropical Storm Debby. June Fisher, Interim County Administrator, presented the request. Commissioner Elwell made a motion and Commissioner Harris 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 93 Page CITIZENS NOT ON THE AGENDA Jerry Kingsbury stated that before being called forward, he spoke to the County Engineer regarding his concerns about Choice Environmental, and stated that he will allow Mr. Gavarrete the opportunity to address his concerns. John Nelson provided input regarding the budget. 15. COMMISSIONERS: Commissioner Harris: No report. Commissioner Handley: No report. Commissioner Elwell: No report. Commissioner Richie: Commissioner Richie commented on the Canvassing Board meeting that he attended. 16. ADJOURN The meeting was adjourned at 12:40 p.m.