BOOK 21 PAGE 553 REGULAR MEETING OF THE BOARD, MARCH 2, 2010 1. 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 Barbara Stewart Commissioner C. Guy Maxcy Commissioner Jeff Carlson Commissioner Edgar Stokes Also present: Michael Wright, J. Ross Macbeth, Robert W. Germaine, Pamela Nava, and Layla Haynes. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Bates. The Pledge of Allegiance was led by Kelly Myer. 3. ANNOUNCEMENTS A. Upcoming County meetings: Mar. 2 3:00 pm Highlands Soil & Water Conservation District Room 3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring Mar. 4 3:30 pm Veterans Advisory Board 7209 South George Blvd., Sebring Mar. 8 9:00 am Highlands County Homeowners Association, Inc. 3240 Grand Prix Drive, Sebring B. Other meetings: Commissioner Stokes announced that the Water Resource Advisory Board will meet in the Sheridan Four Points Hotel on Thursday, March 4, 2010 at 9:00 a.m. Also, on Thursday, March 25, 2010 at 10:30 a.m. there will be an opening ceremony for the Istokpoga Canal Boat Ramp Area off of U.S. Highway 98. 4. CLERK: Bob Germaine, Clerk of Courts, gave the Clerk s monthly report for February 2010. See SMB 80 Page 25. 5. CONSTITUTIONAL OFFICERS: A. Sheriff: Request approval and acceptance of E-911 Grant change regarding Project #08046. Sheriff Susan Benton presented the request. Michael Wright, County Administrator, and Bernis Gainer, Director of Office of Management and Budget, addressed the issue. Commissioner Maxcy made a motion and Commissioner Stokes seconded the motion, to move to return the excess funds in the amount of $265,261.67 plus interest. Upon roll call, all Commissioners voted aye. The motion carried.
Commissioner Maxcy made a motion and Commissioner Stokes seconded the motion, to move to accept as a new grant the amount of $295,515.31. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 80 Page 26. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report. 6. RECOGNITIONS AND PROCLAMATIONS: A. Recognition of First Responders Steve Coltharp, Emergency Medical Services Director, recognized the first responders of the fatal bus accident that happened last week on Highway 27. Sheriff Susan Benton made an audio presentation of some of the 911 calls that were received after the accident happened. Rick Helms, Assistant County Administrator, recognized all individuals and agencies who participated in the aiding. The Commission thanked everyone involved in helping. B. Request approval of Proclamation for Red Cross Vicki Jarvis, Voluntary Executive Director of the Highlands County Office of the American Red Cross, presented the request. Dave Onsted, Vice Chair of the American Red Cross Board, read the Proclamation into the record. Commissioner Stokes made a motion and Commissioner Stewart seconded the motion, to move to approve the Proclamation and recognition of March 2010 as American Red Cross month in Highlands County. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 78. 7. CONSENT AGENDA: Commissioner Stewart questioned item 7R. Joseph Dionne, Veterans Services Officer, addressed the issue. Public input was received from John Drennan on items 7I, 7J, 7L-M, 7P, and 7T. Chairman Bates and Bernis Gainer, Director of Management and Budget, addressed his concerns. BOOK 21 PAGE 554 A. Request approval to pay all duly authorized bills and employee benefits March 2, 2010. See Check Report 2010 file. GENERAL FUND 2,660,862.80 COUNTY TRANSPORT TRUST 13,843.67 E911 OPERATIONS FUND 66,681.25 INTERGOVT RADIO COMMUNICA 3,875.55 LOCAL GOVT INFRA SURTAX 187,080.73 TOURIST DEV TRUST FUND 13,210.00 HOME INITIATIVES PARTNER 25,000.00 STATE COURT FACILITIES TF 732.95 COURT TECH 28.24 (12) (E) 1 1,528.57 BUILDING FUND 3.78 SOLID WASTE 198,913.45 PLACID UTILITIES 2,221.73
BOOK 21 PAGE 555 HIGHWAY PARK UTILITY 834.73 ENERGY RECOVERY 48,327.53 EMPLOYEE BENEFIT FUND 1.48 B. Request approval of the minutes of the Highlands County Board of County Commissioners regular meetings and Special meetings dated February 16, 2010. See Clerk of Court s website. C. Request to approve a satisfaction of lien on case number CE 08070118, 3907 Santiago Street, Sebring, FL. See Subdivision file & Official Records. D. Request to approve a satisfaction of lien on case number CE 08070128, 3907 Santiago Street, Sebring, FL. See Subdivision file & Official Records. E. Request to approve a satisfaction of lien on case number CE 08070147, 111 Bougainvillea Street, Lake Placid, FL 33852. See Subdivision file & Official Records. F. Request to approve a Reduction of Lien on Case Number CE 09090113, 232 Loon Avenue, Sebring, FL. See Subdivision file & Official Records. G. Request approval of a Guarantee Bond for Shirley Eli s Palm Reader s business. See Palmistry file. H. Request approval of a Certificate Of Public Convenience & Necessity (COPCN) with name change for AeroMed, Tampa General Hospital, and Air Methods Corporation d/b/a Rocky Mountain Holdings, LLC. See Certificate Of Public Convenience & Necessity (COPCN) file. I. Request approval to waive waste disposal fees for separated demolition waste from the Shuffleboard Building for the Town of Lake Placid with an estimated fiscal impact of $404.00. See SMB 80 Page 27. J. Request approval to waive the tipping fees for the Caladium Festival with an estimated fiscal impact of $47.70. See SMB 80 Page 28. K. Request approval of the Preliminary Engineering Agreement between CSX Transportation, Inc. (CSXT) and Highlands County for the design of the crossing surface and pedestrian control device at the Memorial Drive Railroad Grade Crossing for Project #04030 Memorial Drive/College Drive Multi-Use Path with a fiscal impact of $22,500.00 reimbursed 100% by the Florida Department of Transportation (FDOT). See CSX Transportation, Inc. (CSXT) file and SMB 80 Page 29. L. Request approval of a License Agreement with Sebring Youth Football, Inc. with a fiscal impact of $610.00 in revenue. See Sebring Youth Football, Inc. file. M. Request approval of an Interlocal Agreement with the Town of Lake Placid for lighting at the softball field with a fiscal impact of $32,723.00 from impact fees set aside for recreational infrastructure in the Lake Placid region. See Town of Lake Placid file. N. Request approval of an Interlocal Agreement with the City of Sebring for improvements to the Max Long Recreational Complex with a fiscal impact of $27,000.00. See City of Sebring file.
BOOK 21 PAGE 556 O. Request approval of Resolution and Budget Amendment 09-10-055 for the Conservation Trust Fund Land Parcel Purchase with a fiscal impact of $31,200.00. See Budget Amendment 2010 file, Resolution Book 23 Page 79, & SMB 80 Page 30. P. Request approval of Resolution and Budget Amendment 09-10-057 Multiple Project Roll Forward Adjustments with fiscal impact to the General Fund of $3,199.00 and the Home Initiatives Partnership of $3,846.00. See Budget Amendment 2010 file, Resolution Book 23 Page 80, & SMB 80 Page 31. Q. Request approval of Resolution and Budget Amendment 09-10-058 for Project Roll Forward Adjustments with a fiscal impact of $15,388.00. See Budget Amendment 2010 file, Resolution Book 23 Page 81, & SMB 80 Page 32. R. Request approval of Resolution & Budget Amendment #09-10-061 for temporary or part time staff for the Veteran Services Office with a fiscal impact of $7,500.00. See Budget Amendment 2010 file & SMB 80 Page 33. S. Request approval of Budget Amendment 09-10-062 and Resolution to appropriate new grant funds awarded by the Bureau of Justice Assistance for the 2009-2010 Bullet Proof Vests Program with a fiscal impact of $26,200.99 reflecting a previously budgeted 50% match. See Budget Amendment 2010 file, Resolution Book 23 Page 82, & SMB 80 Page 34. T. Request approval of Budget Amendment 09-10-063 for a Legal Aid expense account adjustment to move budgeted funds from contractual services to professional services. See Budget Amendment 2010 file & SMB 80 Page 35. U. Request approval of Budget Amendment 09-10-065 and Change Order No. 1 with Lynch Paving and Construction Co., Inc. for labor, equipment and materials to complete the construction of the additional sidewalks for the Sun n Lake Blvd. (Lake Placid) Sidewalk Contract with a fiscal impact of $5,000.00. See Lynch Paving & Construction Co, Inc. file & Budget Amendment 2010 file. V. Request approval of Budget Amendment 09-10-066 for Judicial Technology to realign budgeted funds. See Budget Amendment 2010 file & SMB 80 Page 36. Commissioner Stokes made a motion and Commissioner Maxcy seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried. 8. PUBLIC HEARING: Public Hearing to consider imposing a notice of lien on case number CE 04110033, 2101 Claradge Avenue, Avon Park, FL. Beverly Singley, Code Enforcement Officer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stewart made a motion and Commissioner Carlson seconded the motion, to move to impose a lien on this property in the amount of $250.00 based on the unpaid administrative fee.
BOOK 21 PAGE 557 Upon roll call, all Commissioners voted aye. The motion carried. See Subdivision file & Official Records. 9. A. PUBLIC HEARING: Public Hearing to consider an Ordinance Amending Paragraph (4) of Subsection (F) of Section 8.5-23 of The Code Of Ordinance, Highlands County, Florida, Providing for Severability; Providing For Inclusion In Code; Providing For Conflict; Providing For An Effective Date to eliminate the solid waste audit requirement for one year. Michael Wright, County Administrator, 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. Terry Collier, with Reliable Sanitation, addressed the issue. Public input was received from Bill Youngman and John Drennan. Commissioner Stewart made a motion and Commissioner Maxcy seconded the motion, to move to approve the Solid Waste Ordinance change to Chapter 8.5-23 Section 4 (F) as presented. Upon roll call, all Commissioners voted aye, except for Commissioner Carlson, who voted nay. The motion carried. See Reliable Sanitation file & Ordinance Book 14. B. ACTION: Request approval of the Third Amendment to the Solid Waste Collection Contract with Reliable Sanitation (consideration of this item is predicated upon approval of the change to the Ordinance Amending Paragraph (4) of Subsection (F) of Section 8.5-23 Of the Code of Ordinance, Highlands County, Florida). Commissioner Stewart made a motion and Commissioner Stokes seconded the motion, to move to approve the Third Amendment to the Solid Waste Collection contract with Reliable Sanitation. Chairman Bates and Commissioner Stewart clarified that this will amend the contract so that the audit is not required for one year. Upon roll call, all Commissioners voted aye, except for Commissioner Carlson, who voted nay. The motion carried. See Reliable Sanitation file. 10. PUBLIC HEARING: Public Hearing to consider adoption of the Highlands County Water Supply Facilities Work Plan and related Comprehensive Plan text amendments, Department of Community Affairs No. 08-RWSP1 to be continued until April 6, 2010. Michael Wright, County Administrator, announced a recommended change to the agenda item. A request was made to continue this item on March 16, 2010 rather than April 6, 2010. Commissioner Stewart made a motion and Commissioner Carlson seconded the motion, to move to continue the Public Hearing for the adoption of the Highlands County Water Supply Facilities Work Plan to the County Commission meeting of March 16, 2010, beginning at 9:00 a.m., or shortly thereafter, in the Board of County Commission Chambers. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 80 Page 37.
BOOK 21 PAGE 558 11. PUBLIC HEARING: Public Hearing to consider adoption of a Resolution to Vacate the Drainage and Utility Easement along Lots 15-19, Block 277, Unit 13, of Sun n Lake Estates of Sebring. Ramon Gavarrete, County Engineer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stokes made a motion and Commissioner Stewart seconded the motion, to move to adopt the resolution to vacate the easement as described in the resolution. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 83 & SMB 80 Page 38. 12. ACTION: Commissioner Maxcy made a motion and Commissioner Carlson seconded the motion, to move to set the action agenda. Upon roll call, all Commissioners voted aye. The motion carried. A. Assistant County Administrator with Didier Rousseliere, Christopher Campbell and Katherine Waldron from the University of South Florida: Presentation of a request for a Non-binding Letter of Intent to utilize data infrastructure through the Middle Mile US Department of Commerce s Broadband Technology Opportunities Program (BTOP). Rick Helms, Assistant County Administrator, presented the request and introduced Didier Rousseliere, from the University of South Florida. Mr. Rousseliere presented his request to the Board. The Commission voiced their comments and concerns. Ross Macbeth, Board Attorney, addressed the issue. Commissioner Carlson requested that the word intend, in paragraph 3, be changed to will consider. The Commission concurred with this change. Commissioner Carlson made a motion and Commissioner Maxcy seconded the motion, to move to approve the letter with the change of the sentence in paragraph 3 to read When operational, Highlands County will consider to fully utilize the network for all of its broadband needs. Public input was received from Ray Royce. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 80 Page 39. B. County Engineer: Discussion of Daffodil Street extension. Ramon Gavarrete, County Engineer, presented the request and gave a brief power point presentation on the proposed extension of Daffodil Street. Public input was received from Gene Reese, John Drennan, Bill Parken, Sam Bliss, Chester Downing, Dick Graddy, Frank Basilla, Bobbie Parken, and Nancy Connell. The Commission thanked Mr. Gavarrete for his presentation. No action was taken at this time. See SMB 80 Page 40.
BOOK 21 PAGE 559 BREAK: 12:00 12:25 p.m. C. Road & Bridge Superintendent: Presentation of a request from the Highlands County Fair Association for paving at the new Convention Center/Hurricane Shelter with Budget Amendment 09-10-064 from Reserve for Contingency with a fiscal impact of $42,000.00. Kyle Green, Road & Bridge Superintendant, and Dave Travers presented the request. Public input was received from John Drennan. Skip Adams, with the Highlands County Fair Association, addressed the issue. Commissioner Carlson made a motion and Commissioner Stewart seconded the motion, to move to approve the request, budget amendment and capital expenditure from the Reserve for Contingency and find that the expenditure of funds and use of equipment and staff meets a public purpose. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2010 file & SMB 80 Page 41. D. Community Services Division Director: Request approval to transfer the responsibility and budget of the Law Library from the Highlands County Board of County Commissioners Library System to the Highlands County Clerk of Courts with a fiscal impact of $104,806.47. Bob Germaine, Clerk of Courts, presented the request. June Fisher addressed the issue and amended the recommended action to exclude the wording and budget. Commissioner Stewart made a motion and Commissioner Carlson seconded the motion, to move to approve the transfer of the Law Library responsibility from the Highlands County Board of County Commissioners Library System to the Highlands County Clerk of Courts. Public input was received from Bill Youngman. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 80 Page 42. E. Director of Tourist Development: 1. Request to approve the recommendation of the Tourist Development Council to appoint Avon Park City Council member Terry Heston to the Tourist Development Council for a four year term expiring on March 2, 2014. John Scherlacher, Tourism Director, presented the request. Commissioner Maxcy made a motion and Commissioner Carlson seconded the motion, to move to approve the recommendation of the Tourist Development Council to appoint Mr. Terry Heston, City of Avon Park Councilman, for the term March 2, 2010 through March 2, 2014. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 80 Page 43.
2. Request for Contract approval of Highlands County Tourist Development Council sponsorship to Highlands Soil and Water Conservation District for the Monofilament Recovery and Recycle Project in the amount of $500.00. John Scherlacher, Tourism Director, presented the request. Clell Ford, Lakes Manager, addressed the issue. Commissioner Carlson made a motion and Commissioner Maxcy seconded the motion, to move to approve the recommended action as presented. Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file. 3. Request for contract approval of Tourist Development Council Grant to the Heartland Triathlon, Inc. with a fiscal impact of $2,000.00. John Scherlacher, Tourism Director, presented the request. Commissioner Carlson made a motion and Commissioner Stewart seconded the motion, to move to approve the recommended action as presented. Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file. F. Clerk s Financial Accountant: Presentation of the Interim Financial Report of Key Operating Performance Measures as of December 31, 2009. This item was pulled from the agenda by Bob Germaine, Clerk of Courts, and will be brought back to the Board at a later date. See SMB 80 Page 44. G. Board Attorney: No report. H. County Administrator: No report. 13. CITIZENS NOT ON THE AGENDA John Drennan commented on jobs. Public input was received from Ray Royce. 14. COMMISSIONERS: Commissioner Stewart: Commissioner Stewart commented on the meetings she attended last week with the Sun n Lake Board and the group that is addressing the Wild Fire Protection Plan. Commissioner Stokes: No report. BOOK 21 PAGE 560 Commissioner Maxcy: Commissioner Maxcy thanked Commissioner Bates for his services as Chairman of the Board.
Commissioner Carlson: No report. Commissioner Stewart left the meeting at 1:00 p.m. Commissioner Bates: Chairman Bates met with a representative from the USDA Rural Development Program pertaining to the proposed homes to be built by the Highlands County Habitat for Humanity and stated that this item will be re-introduced to the Board for their consideration on March 16, 2010. Chairman Bates also stated that in the near future he would like to bring to the Board the request from the Historical Society to consider renaming a portion of Kenilworth Boulevard. Last, Chairman Bates announced that on March 9, 2010, the Board will be hearing the transmittal of the Evaluation and Appraisal (EAR) based amendments to the Comprehensive Plan at 1:00 p.m. and will vote on the request on March 16, 2010. 15. ADJOURN The meeting adjourned at 1:05 p.m. BOOK 21 PAGE 561