BOOK 21 PAGE 393. REGULAR MEETING OF THE BOARD, August 4, 2009

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1 BOOK 21 PAGE 393 REGULAR MEETING OF THE BOARD, ust 4, The meeting was called to order at 9:00 a.m. in the Board of County Commission Chbers at 600 S. Commerce Ave., Sebring, Florida, with the following members present: Commissioner Barbara Stewart Commissioner Don Bates Commissioner Edgar Stokes Commissioner C. Guy Maxcy Commissioner Jeff Carlson Also present: Michael Wright, J. Ross Macbeth, Robert W. Germaine, Myra Corrado and Pela Nava. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Bates. The Pledge of Allegiance was led by Commissioner Stokes. 3. ANNOUNCEMENTS A. Clerk Bob Germaine, Clerk of Courts, presented the Clerk of Courts report for the month of July, See SMB 77 Page 38. B. Upcoming County meetings: :00 7:00 9:30 8:15 3:30 Highlands Soil & Water Conservation District Bert J. Harris, Jr. Agricultural Center, room 3, 4505 George Construction Licensing Enforcement & Appeals Board room, 600 S. Commerce Ave., Sebring, Fl. Local Mitigation Strategy Working Group Bert J. Harris, Jr. Agricultural Center, room 3, 4505 George HC Tourist Develoent Council Bert J. Harris, Jr. Agricultural Center, room 3, 4505 George Veterans Advisory Board Veterans Services, 7209 S. George

2 BOOK 21 PAGE :00 9:00 1:00 9:30 Lake Denton Committee Bert J. Harris, Jr. Agricultural Center, room 2, 4505 George Highlands County Homeowners Association, Inc 3240 Grand Prix Drive, Sebring, Fl. Special Joint workshop of the Highlands County Bert J. Harris, Jr. Agricultural Board of County Commissioners and Highlands Center, O. S. "S" Polston County Planning & Zoning Commission to discuss Auditorium, 4505 George Blvd., the Comprehensive Plan Update Sebring, Fl. Central Florida Regional Planning Council HC Health Dept., 7205 S. George C. Other meetings: The Drug Free Highlands Coalition will meet on ust 5, 2009, at 9:00 a.m. in the Florida Hospital board room. 4. CONSENT AGENDA: Michael Wright, County Administrator, requested to pull item 4C from the consent agenda and continue it to July 18, Commissioner Stewart stated a revision on item 4B. Commissioner Bates questioned item 4L. Michael Wright, County Administrator, addressed his question. Public input was received from Steve Fruit. Mr. Wright addressed his concern. A. Request approval to pay all duly authorized bills and employee benefits ust 4, See Check Report 2009 file. General Fund County Transport Trust E911 Operations Fund Intergovt Radio Communica Local Govt Infra Surtax Affordable Housing Asst Home Initiatives Partner Sebring Parkway Maint State Court Facilities TF Law Library Trust Fund Court Tech (12) (E) 1 Building Fund Solid Waste Placid Utilities Highway Park Utility Energy Recovery 2,917, , , , , , , , , , , , , B. Request approval of the minutes for the Board of County Commissioners and the Special meetings dated July 21, 2009 and Budget Workshops dated July 23 and 27, See Clerk of Courts website.

3 BOOK 21 PAGE 395 C. Request for adoption of the revised Drug-Free Workplace Policy. (This item was pulled from the agenda by Michael Wright, County Administrator.) See SMB 77 Page 39. D. Request approval to appoint Shelagh M. Byatt and Philip L. Hatfield as regular members of the Impact Fee Review Committee. See SMB 77 Page 40. E. Request approval to accept the resignation of Buck Christain with our thanks for serving of the Placid Utilities Advisory Committee; appoint Mary Morgan as a new member for a 2-year term; and re-appoint Shelagh Byatt and Richard Baker for another term of two (2) years. See SMB 77 Page 41. F. Request approval to waive the County s Two-Step Disposal process, declare attached lists of E911 Positron Equient Surplus, and accept offer of $6, to purchase equient from Positron Public Safety. See SMB 77 Page 42. G. Request approval for the Plat recordation of RCR Industrial Park a Portion of Section 13, Township 35 South, Range 29 East, all in Highlands County, Florida. See R.C.R. Industrial Park file. H. Request approval of Highlands County Tourist Develoent Council Sponsorship to the Heartland Riders Association, Inc. for the 6th Annual Run to the Heartland October 2-4, 2009 in the ount of $5, See Tourist Develoent File. I. Request approval of Resolution & budget endment for the Hazard Analysis Grant for a positive fiscal impact of $4, See Budget Amendment 2009 file, Res. Book 22 Page 185 & SMB 77 Page 43. J. Request approval of Resolution and budget endment to increase the budget for the Supervisor of Elections from $18, grant funding and a $2, decreasing to the Board s General Fund Reserve for Contingency resulting in a fiscal impact of $21, for poll worker training and voter outreach. See Budget Amendment 2009 file, Res. Book 22 Page 186 & SMB 77 Page 44. K. Request approval of budget endment to receive and appropriate insurance payment for dage to County Engineer s Pickup Truck for a fiscal impact of $2, See Budget Amendment 2009 file, Res. Book 22 Page 187 & SMB 77 Page 45. L. Request approval of Resolution and budget endment to set up the 2009/2010 SHIP Project using the Florida Homebuyer Opportunity Progr funds for a fiscal impact of $350, See Budget Amendment 2009 file, Res. Book 22 Page 188 & SMB 77 Page 46.

4 BOOK 21 PAGE 396 M. Request approval of budget endment to move money for the purchase of computers for the Public Defender s office with no fiscal impact. See Budget Amendment 2009 file & SMB 77 Page 47. N. Request approval of Resolution & budget endment to adjust funding for the study to review the impact fees after three years of collections as stated in the Ordinance with no fiscal impact. See Budget Amendment 2009 file, Res. Book 22 Page 189 & SMB 77 Page 48. Motion by commissioner Maxcy, seconded by Commissioner Bates, to move to approve the consent agenda as ended. Upon roll call, all Commissioners voted aye. Motion carried. 5. ACTION: Michael Wright, County Administrator, addressed an endment to item 5E-2. Commissioner Stewart stated the changes in the action agenda to hear item 5F after item 5B. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to move to set the action agenda as ended to read A, B, F, C, D, E, G, H, and I. Upon roll call, all Commissioners voted aye. Motion carried. A. Melissa Yunas, Wildfire Mitigation Specialist, Florida Division of Forestry: Request approval of a Proclation recognizing ust 9, 2009 as "Smokey Bear Day". Frank Gibbs, with the Department of Agriculture and Consumer Services, Division of Forestry, and Smokey Bear were present for the Proclation. Commissioner Stewart read the Proclation into the record. Motion by Commissioner Bates, seconded by Commissioner Carlson, to move adoption of the resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 22 Page 190. B. OMB Director: Request for Certification of Millage Rate. Bernis Gainer, Director of Office of Management and Budget, presented the request. Michael Wright, County Administrator, and the Commission addressed the issue. Public input was recieved from Ronnie Carter and Jack Richie. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to certify the maximum millage at 7.1. Upon roll call, all Commissioners voted aye. Motion carried. See Millage Rate file.

5 BOOK 21 PAGE 397 F. Sheriff Benton: Request approval of budget endment to realign Methphetine Initiative Grant funds and appropriated funds for capital needs. Lisa Burley, with the Highlands County Sheriff's Office, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to approve Budget Amendment Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2009 file & SMB 77 Page 49. C. Community Services Division Director: Presentation of a request from the Lake Placid Ridge Community Center & Hurricane Shelter Committee to fund a portion of the engineering cost of the proposed Lake Placid Ridge Community Center and Hurricane Shelter with a potential fiscal impact of $20, June Fisher, Community Services Division Director, Ray Royce, Lake Placid Town Council member, and P Karlson, Chairman of the Lake Placid Ridge Community Center & Hurricane Shelter Committee, presented the request. Michael Wright, County Administrator, and the Commission addressed the issue. Public input was recieved from Marlene Barger. Motion by Commissioner Bates, seconded by Commissioner Maxcy, to approve the funding of the Lake Placid Ridge Community Center and Hurricane Shelter for $20,000 from the Law Enforcement Facility Project Upon roll call, all Commissioners voted aye. Motion carried. See SMB 77 Page 50. D. Code Enforcement Officer: Request to consider denial of a settlement offer in the ount of $ from Business Solutions of Hillsborough, LLC with regards to the Lien recorded in Official Records Book 1196, Page 1158 of the Public Records of Highlands County, Florida. April Hartseil, Code Enforcement Officer, presented the request. The Board addressed the issue. Public input was received from Gabriel Read. Motion by Commissioner Carlson, seconded by Commissioner Maxcy, to move to deny the settlement offer of $ from Business Solutions of Hillsborough, LLC, with regards to the lien recorded in Official Records Book 1196 Page 1158 of the Public Records of Highlands County, and send notice to Business Solutions of Hillsborough, LLC, that we will be willing to accept $ including accrued interest to date payment is received. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 77 Page 51. E. County Engineer:

6 BOOK 21 PAGE Request to consider Change Order No. 3 to the Construction Agreement between KDL Underground & Develoent, Inc. and Highlands County for the relocation of the existing City of Sebring Utilities within the rights-of-way of Sebring Parkway Phase II (Project #01101) for a fiscal impact of $76, Ron Gavarrete, County Engineer, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to move to approve Change Order No.3 to the Construction Agreement between KDL Underground & Develoent, Inc. and Highlands County for the relocation of the existing City of Sebring Utilities within the rights-of-way of Sebring Parkway Phase II, total ount $76, Upon roll call, all Commissioners voted aye. Motion carried. See KDL Underground and Develoent, Inc. file. 2. Request approval of the Facility Encroachment Agreement between CSX Transportation, Inc. and Highlands County for the installation of the Countyowned drainage pipe per jack & bore under the CSX Railroad tracks at Center Avenue for the construction of the Sebring Parkway Phase II Project # Ron Gavarrete presented the request. Ross Macbeth, County Attorney, addressed the endments made to the agreement. Public input was recieved from Gabriel Read. Motion by Commissioner Carlson, seconded by commissioner Bates, to approve the Facility Encroachment Agreement between CSX Transportation, Inc., and Highlands County for the installation of drainage pipe per jack & bore under the CSX Railroad tracts at Center Avenue for the construction of the Sebring Parkway Phase II Project #01101, and the associated fees in the total ount of $1, upon approval of the insurance clause by the Board of County Commission. Upon roll call, all Commissioners voted aye. Motion carried. See CSX Transportation, Inc. file. G. Assistant County Administrator: Request approval of a letter of support for the grant application to the USDA Rural Utilities Service (RUS) and the National Telecommunications and Information Administration (NTIA). Rick Helms, Assistant County Administrator, Lynn Topel and Louise England, from Florida s Heartland Rural & Economic Develoent Initiative (FHREDI), presented the request. The Board addressed the issue. Public input was recieved from Rick Ingler and Ray Royce. Commissioner Stewart read the proposed letter into the record. Commssioner Maxcy declared a conflict of interest. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the letter of support for the grant application to the USDA Rural Utilities Service (RUS) and the National Telecommunications and Information Administration (NTIA). Commissioner Stewart passed the gavel to Commissioner Bates in order to make an

7 ended motion to change the letter to read: Dear Ms. Topel, We are please that you intend to submit a grant application to USDA Rural Utilities and the National Telecommunications, etc. The rest of the paragraph will remain the se. The second paragraph will read: If the grant is awarded and high-speed, affordable access to the Information highway is made vailable, we may want to be one of the anchor tenants. The rest of the letter will remain the se. The motion died for lack of a second. Commissioner Bates passed the gavel back to the Chairman and ended his motion to change the word "the" to "a". Commissioner Stokes seconded the endment. Upon roll call, all Commissioners voted aye, except Commissioner Carlson, who voted nay, and Commissioner Maxcy, who abstained. Motion carried. See SMB 77 Page 52. No report. No report. H. Board Attorney: I. County Administrator: 6. CITIZENS NOT ON THE AGENDA No participants. 7. COMMISSIONERS: Commissioner Maxcy: No report. Commissioner Carlson: No report. Commissioner Stokes: Commissioner Stokes commented on the budget. Commissioner Bates: Commissioner Bates concurred with Commissioner Stokes comments and also commented on the budget. Commissioner Stewart: No report. 8. ADJOURN The meeting adjourned at 11:17 a.m. BOOK 21 PAGE 399