BOOK 22 PAGE 15 REGULAR MEETING OF THE BOARD, SEPTEMBER 20, 2011 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 Barbara Stewart Commissioner Jack L. Richie Commissioner R. Greg Harris Commissioner Don Elwell Also present: Ricky Helms, 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 Gene Reese, representing the veterans. 3. ANNOUNCEMENTS Sept 20 3:00 pm Highlands Soil & Water Conservation District Rm. 3, Bert J. Harris,Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Sept 20 5:30 pm Highlands County Board of County Commissioners Budget Public Hearing Board room, 600 S. Commerce Ave., Sebring, FL Sept 21 10:00 am Heartland Library Cooperative Lake Placid Memorial Library, 47 Park Dr., Lake Placid, FL Sept 21 10:00 am Negotiations meeting with Henkelman Construction for RFP 11-048 for Design-Build Engineering Conference Room, 505 S. Commerce Ave., Sebring, FL Services for the construction of a professional office building for Highlands County s Office of the Supervisor of Elections Sept 22 9:00 am Lake Istokpoga Management Committee Sebring Civic Center Auditorium, 345 W. Center Ave., Sebring, FL Sept 22 1:15 pm Highlands County Hospital District Board Board room, 600 S. Commerce Ave., Sebring, FL Sept 26 8:30 am Highlands County Health Facilities Authority City Council Chambers, City of Sebring, 368 S. Commerce Ave., Sebring, FL A. Other meetings: The Champions for Children Gala will be on Thursday, September 22, 2011 at 6:00 p.m. at Grace Bible Church. The Highlands County Tea Party will meet at 6:00 p.m. at Homer s Restaurant featuring Mr. Dave Miller as a guest speaker. 4. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, stated that they have started a new year for the Teen Court program which will be overseen by Judge Angela Cowden. Sheriff Benton announced that the Sheriff s Office is undergoing a massive reorganization and recognized Major Mark Schrader for becoming the Chief Deputy of the Sheriff s Office effective October 5 th.
BOOK 22 PAGE 16 5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Ms. Debra Caruso, RN, MPH, CDE, Highlands County Health Department: Presentation on Eight Weeks to Wellness. Ms. Debra Caruso, with the Highlands County Health Department, gave a brief presentation on the Eight Weeks to Wellness program. Public input was received from Dale Wilson, Gabriel Read, and Jerry Kingsbury. The Commission thanked Ms. Caruso for her presentation. See SMB 88 Page 26. 6. CONSENT AGENDA: Ricky Helms, County Administrator, requested to move item 6C to the action agenda under item 12D -2. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the removal of item 6C, moving it to the action agenda as item 12D-2. Upon roll call, all Commissioners voted aye. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits September 13, 2011. See Check Report file. GENERAL FUND 592,121.62 COUNTY TRANSPORT TRUST 34,907.86 FL BOATING IMPROVEMENT 3,485.35 LOCAL GOVT INFRA SURTAX 12,946.85 TOURIST DEV TRUST FUND 599.22 AFFORDABLE HOUSING ASST 10,387.70 HOME INITIATIVES PARTNER 25,000.00 HURRICANE HOUSING REC PRO 78.40 SEBRING PARKWAY MAINT 98.22 STATE COURT FACILITIES TF 2,847.06 COURT TECH 28.24 (12) (E) 1 24,331.10 BUILDING FUND 561.41 SOLID WASTE 21,065.31 PLACID UTILITIES 8,595.19 HIGHWAY PARK UTILITY 814.82 ENERGY RECOVERY 334.18 EMPLOYEE BENEFIT FUND 2,147.18 INSURANCY FUND 128.67 B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for September 6, and Budget meeting for September 8, 2011. See Clerk of Courts website. C. Request approval of attached new position Job Descriptions associated with the reorganization of existing Board Departments of Information Technology (GIS); General Services / Purchasing; Human Resources; Non Ad Valorem Assessments (NAV), Office of Management and Budget (OMB); and Safety & Risk Management into the Office of Administrative Services (OAS). Included in the request is allowance of the County Administrator and/or Assistant County Administrator to approve minor changes necessary to existing position job descriptions. Examples are GIS Coordinator currently reports to OMB Director this would change to Administrative Services Director, Budget Office Manager changing to Administrative Services Office Manager, etc. This item was moved to the action agenda below.
BOOK 22 PAGE 17 D. Request approval of Satisfaction of Mortgages with respect to the State Housing Initiative Partnership (SHIP) Program. See Satisfaction of Mortgages file. E. Request approval of Satisfaction of Lien on Case Number CE 09040050, 332 Coolidge Avenue Northeast, Lake Placid, FL 33852. See Subdivision file. F. Request approval of Satisfaction of Lien on Case Number CE 09120068, 714 Lake Blue Drive, Lake Placid, FL 33852. See Subdivision file. G. Request approval of Satisfaction of Lien on Case Number CE 10010060, 101 Kelton Terrace, Okeechobee, FL 34974. See Subdivision file. H. Request approval of Satisfaction of Lien on Case Number CE 09020017, Kelton Terrace, Okeechobee, FL 34974. See Subdivision file. I. Request approval of Satisfaction of Lien on Case Number CE 09010104, 2729 King Drive, Sebring, FL 33870. See Subdivision file. J. Request approval of Satisfaction of Lien on Case Number CE 00100004, 906 Grey Fox Avenue, Sebring, FL 33875. See Subdivision file. K. Request approval of Fund Balance Policy. See Policy file. L. Request approval of Budget Amendment 10-11-178 correcting out of balance created by Budget Amendment 10-11-167 with a fiscal impact of $157,000.00. See Budget Amendment 2011 file & SMB 88 Page 27. 7. ACTION: Assistant County Administrator: Request approval of the Verizon Tower Lease Agreement. June Fisher, Assistant County Administrator, and Ben Henley, Emergency Management Supervisor, presented the request. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Tower Lease Agreement between Highlands County and Verizon Wireless Personal Communications, LP and also the Memorandum of Tower Lease Agreement. Upon roll call, all Commissioners voted aye. The motion carried. See Lease Agreement file. 8. PUBLIC HEARING: Public Hearing to consider a proposed Ordinance amending Chapter 2, of the Highlands County Code of Ordinances pertaining to powers and proceeding of the Code Enforcement Special Magistrate hearing and other items related to the operations of Code Enforcement. Linda Conrad, Zoning Supervisor, presented the request and 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. Ross Macbeth, Board Attorney, addressed the proposed Ordinance.
BOOK 22 PAGE 18 Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve and adopt by Ordinance 10-11- (number will be completed upon approval) pertaining to amendments to Chapter 2 of the Highlands County Code of Ordinances as submitted. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 28, Proof of Publication file, & Ordinance Book 14. 9. PUBLIC HEARING: Public Hearing to consider adoption of CPA-11-517SS, Small Scale Plan Amendment and P&Z 1992, a zoning change for Sebring Christian Church. Linda Conrad, Zoning Supervisor, and Sue Buchans, Planning Supervisor, presented the request and read the captions of the Ordinance and Resolution into the record. A Proof of Publication was provided to the Clerk to become part of the permanent record. Ross Macbeth, Board Attorney, addressed the proposed Ordinance. Mr. Tod Schwingel, property owner and applicant, addressed the Board. Dr. Joanne Daggit, Executive Director of Change of Pace, Inc., addressed the Board. Public input was received from Ellen McKissock. Ms. Buchans read the conditions for the development into the record as follows: 1. The property owner shall restrict the uses to church, church related uses, and day care centers and forbidding all other uses allowed under the implementing zoning district. 2. Central wastewater service is to be provided to the property owner as required in the Comprehensive Plan. 3. Dedication of additional right-of-way, as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards manual, and the Capital Improvements Program shall be required at the time of development. 4. Exterior lighting shall be shielded and directed so as not to impact adjacent properties at the time of development. 5. The area shall be landscaped consistent with Florida Friendly components at the time of development. 6. A Transitional Protective Yard shall be required through the Engineering Department at the time of development. 7. The property owner, at the time of development, shall submit to the Engineering Department a Traffic Study meeting the requirements of the County Engineer; and said Traffic Study shall meet the approval of the County Engineer prior to the granting of a building permit. Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve and adopt by Ordinance CPA-11-517SS amending the Future Land Use Map for approximately 4.2 acres from Public/Quasi-Public Facility and Institutional Lands to High Density Residential, restricting the uses to church, church related uses and day care center, and forbidding all other uses allowed under the implementing zoning district; and to adopt by Resolution P&Z 1992, amending the Zoning Atlas for approximately 4.2 acres from I-1 (Industrial District) and B-3 (Business District) to R-3 (Multiple-Family Dwelling Including Motel and Hotel District), referencing the mandatory findings of fact, and transmitting CPA - 11-517SS to the Florida Department of Community Affairs, and becoming effective as provided by law; including the earlier stated additional standards. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 14, Res. Book 24 Page 90, and Comprehensive Plan Amendment 2011 file. 10. PUBLIC HEARING: Public Hearing to consider adoption of CPA-11-519SS Small Scale Plan Amendment. Linda Conrad, Zoning Supervisor, and Sue Buchans, Planning Supervisor, presented the request and 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. Rick Whidden, representing the applicants, addressed the Board. Ross Macbeth, Board Attorney, addressed the Board concerning the conditions. Ms. Buchans read the approved conditions into the record as follows: 1. The uses are limited to those uses allowed in the B-2 Zoning District and outdoor display of merchandise otherwise allowed to those uses allowed in the B-2 Zoning District. 2. The property owner shall connect to the City of Avon Park wastewater facilities when notified by the City of their availability. 3. Dedication of additional right-of-way, as required by the County Engineer in order to meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards manual, and the Capital Improvements Program shall be required at the time of development and interconnectivity as required by the County Engineer. 4. Exterior lighting shall be shielded and directed so as not to impact adjacent properties at the time of development. 5. The area shall be landscaped consistent with Florida Friendly components. 6. A Transitional Protective Yard shall be required through the Engineering Department. 7. The property owner, at the time of development, shall submit to the Engineering Department a Traffic Study meeting the requirements of the County Engineer; and said Traffic Study shall meet the approval of the County Engineer prior to the granting of a building permit. 8. At the time of site plan review, the site plan shall provide for wildfire mitigation through means identified in the Community Wildfire Protection Plan. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve and adopt by Ordinance CPA-11-519SS, amending the Future Land Use Map for approximately 2.94 acres from Medium Density Residential to Commercial, with conditions, referencing the mandatory findings of fact, and transmitting CPA-11-519SS to the Florida Department of Community Affairs, becoming effective as provided by law; and including the aforementioned conditions. Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 14 & Comprehensive Plan Amendment 2011 file. BREAK: 11:36 a.m. to 11:54 a.m. BOOK 22 PAGE 19 11. PUBLIC HEARING: Public Hearing to consider a proposed Ordinance amending Section 5.6-105 of the Highlands County Code of Ordinances pertaining to noise prohibitions. Linda Conrad, Zoning Supervisor, presented the request and 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. Ross Macbeth, Board Attorney, addressed the background of the request and recommended that the Commission adopt the Ordinance. The Commission addressed their concerns and came to a consensus to hold off on this request until the Commission has a chance to review the noise ordinance. See Proof of Publication file & SMB 88 Page 29. 12. ACTION: Commissioner Stewart requested to reverse items 12A and 12B. Ricky Helms, County Administrator, requested to hear old item 12A as 12B-1 and to add the acceptance of the FY 2011 Justice Assistance Grant Program award as item 12B-2.
BOOK 22 PAGE 20 Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as amended. Upon roll call, all Commissioners voted aye. The motion carried. A. Facilities Management Director: Request approval of Budget Amendment 10-11-180 for air conditioner upgrades for the Government Center 2 nd Floor IT area with a fiscal impact of $35,000.00. David Flower, Facilities Management Director, presented the request and asked that the Commission waive the Board s Purchasing Policy. Bob Germaine, Clerk of Courts, addressed the issue. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment 10-11-180 to provide required AC upgrades for the Clerk s IT section of the Government Center and to waive the Board s Purchasing Policy. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 88 Page 30. B. County Administrator: 1. Request approval of a letter of support to the Department of Juvenile Justice regarding the pre-adjudication detention of juveniles. Sheriff Susan Benton provided information regarding the detention of pre-adjudicated juveniles. The Commission addressed their concerns. Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the letter of support from the Chairman to the Department of Juvenile Justice as requested by the Sheriff. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 31. 2. Acceptance of the FY 2011 Justice Assistance Grant Program award. Sheriff Susan Benton presented the request. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant in the amount of $13,316.00. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 32. C. County Engineer: Request for consideration of a Planning Advisory Services Agreement between Central Florida Regional Planning Council (CFRPC) and the Highlands County Board of County Commissioners to assist in an update to the Transportation Concurrency Management System, and a waiver of County Purchasing Policy Section 3.60.60 Outside Purchases Over $25,000.00 for Periodic Non-Professional Services, using funds from Cost Center 4101, with a fiscal impact of $30,000.000. Ramon Gavarrete, County Engineer, presented the request and stated that it has been determined that the Central Florida Regional Planning Council is considered an
environmental agency therefore the County s Purchasing Policy does not have to be waived. Mr. Gavarrete addressed the changes made to the agreement. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Planning Advisory Services agreement with the Central Florida Regional Planning Council, to assist in an update to the Transportation Concurrency Management System, as amended in the agreement given to us today. Upon roll call, all Commissioners voted aye. The motion carried. See CFRPC file. BREAK: 1:15 p.m. to 2:18 p.m. BOOK 22 PAGE 21 D. Administrative Services Director: 1. Update from the Insurance Committee s September 15, 2011 meeting that included discussion regarding Employee Health Insurance rates and option(s) for January 2012 rate plan year. Gerald Secory, Administrative Services Director, and Barbara Lyons, Insurance Specialist, presented the request. Ross Macbeth, Board Attorney, addressed the issue. The Commission addressed their concerns and discussed the request in great detail. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Insurance Committee s recommendation to accept Blue Cross Blue Shield of Florida s 2012 Health Insurance Rate Plans that includes moving from four health plans to three. Upon roll call, all Commissioners voted aye. The motion carried. Ross Macbeth, Board Attorney, made a suggested motion that the maximum premium that the Board will pay for employee health care for single employees is the 5360 plan premium for a single employee; for a married couple where both are employed by the Board, the maximum premium that the Board will pay for health insurance is the employee/spouse coverage under the 5360 Plan. Any additional premiums for any of the additional coverages an employee may elect, either individually or as a couple or family, the employee has to pay. Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the motion as stated by Attorney Ross Macbeth. Upon roll call, all Commissioners voted aye. The motion carried. The Commission discussed the utilization of the health insurance savings. Commissioner Stewart stated that she would like to put any savings into the General Fund. Commissioner Elwell concurred with Commissioner Stewart. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve that the utilization of the savings for health related expenditures in FY 2011/2012 be returned to the General Fund. Upon roll call, all Commissioners voted aye. The motion carried.
BOOK 22 PAGE 22 Mr. Secory stated that the Insurance Committee recommended a requirement that all employees attend the March 2012 Wellness Fair or each employee should have their own biometrics screening done. It was a consensus of the Commission to accept the recommendation. See SMB 88 Page 33. 2. (Consent item 6C): Request approval of attached new position Job Descriptions associated with the reorganization of existing Board Departments of Information Technology (GIS); General Services / Purchasing; Human Resources; Non Ad Valorem Assessments (NAV), Office of Management and Budget (OMB); and Safety & Risk Management into the Office of Administrative Services (OAS). Included in the request is allowance of the County Administrator and/or Assistant County Administrator to approve minor changes necessary to existing position job descriptions. Examples are GIS Coordinator currently reports to OMB Director this would change to Administrative Services Director, Budget Office Manager changing to Administrative Services Office Manager, etc. Gerald Secory, Administrative Services Director, presented the request. Commissioner Stewart suggested changing some of the wording on the knowledge and skills, minimum qualifications, and success factors of each new position job description presented. Ricky Helms, County Administrator, stated that the suggested changes will be made to the job descriptions and will be brought back for consideration at a later date. See SMB 88 Page 34. E. Administrative Project Manager: Request for consideration of the proposed Employee Uniform Policy. Chris Benson, Administrative Projects Manager, presented the request. Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve and adopt the proposed Uniform Policy. Upon roll call, all Commissioners voted aye. The motion carried. See Policy file. F. Development Services Director: 1. Request approval of an Interlocal Agreement between Highlands County, Florida and the Town of Lake Placid, Florida for provision of Planning Services. Mark Hill, Development Services Director, and Sue Buchans, Planning Supervisor, presented the request. Ross Macbeth, Board Attorney, addressed the changes made to the interlocal agreement. Mr. Hill stated that Mr. Bert Harris, Attorney for the Lake Placid Town Council, was in agreement with the changes. Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the 2011 Interlocal Agreement between Highlands County and the Town of Lake Placid for planning services. Upon roll call, all Commissioners voted aye. The motion carried. See Town of Lake Placid file.
BOOK 22 PAGE 23 2. Request approval of an Interlocal Agreement between Highlands County, Florida and the City of Avon Park, Florida for provision of Planning Services. Mark Hill, Development Services Director, and Sue Buchans, Planning Supervisor, presented the request. Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the 2011 Interlocal Agreement between Highlands County and the City of Avon Park for planning services. Upon roll call, all Commissioners voted aye. The motion carried. See City of Avon Park file. G. Zoning Supervisor: Request approval that a Satisfaction of Judgment be granted and recorded on 6302 Apple Road, Sebring, FL. Linda Conrad, Zoning Supervisor, presented the request. Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the Satisfaction of Partial Summary Judgment in favor of Highlands County, Florida, recorded in O.R. Book 2255, Page 1901, and O.R. Book 2256, Page 496, of the Public Records of Highlands County, Florida. Upon roll call, all Commissioners voted aye. The motion carried. See Subdivision file. H. Board Attorney & Zoning Supervisor: Request for consideration of a Tower Removal Agreement. Linda Conrad, Zoning Supervisor, presented the request. Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the tower removal agreement between the tower owners, Skyway Towers; land owners, Mr. Bradley D. and Mrs. Deborah L. Reiter; and Highlands County Board of County Commissioners as submitted. Upon roll call, all Commissioners voted aye. The motion carried. See Tower Removal Agreement file. I. Board Attorney: Ross Macbeth, Board Attorney, gave the Board an update of the meeting he had with Bert Harris, Attorney for the Lake Placid Town Council, regarding the transfer of the County owned utilities. J. County Administrator: Ricky Helms, County Administrator, stated that they are still having weekly meetings with the Sheriff and are working towards bringing an outcome to the Board in October. Mr. Helms stated that the Facebook page that was set up for the County is no longer set up as a oneway communication source because of changes made by Facebook administration and seems like the page has almost resorted into a blog. Mr. Helms stated that his was not the intent of the Board or staff and will have to lock down or delete the page until staff can investigate if there are other options available that can prevent postings from other users.
BOOK 22 PAGE 24 13. CITIZENS NOT ON THE AGENDA Vicci Springer came before the Board to speak about Animal Control s policies and procedures. The Commission advised Ms. Springer to contact each Commissioner and to provide her contact information to Ms. June Fisher, Assistant County Administrator, to set up a meeting with Commissioner Harris and the Assistant County Administrator. Commissioner Stewart read a letter from Mr. Gabriel Read into the record concerning the Annual Prescription Drug Summit. See SMB 88 Page 35. 14. COMMISSIONERS: Commissioner Richie: Commissioner Richie read into the record an email from Mr. Clay Smith, Lead Pastor of Alice Drive Baptist Church, regarding his appreciation towards Mr. Bubba Waldron, Highlands County employee. See SMB 88 Page 36. Commissioner Elwell: Commissioner Elwell commented on the Sebring Thunder event that he attended last week. Commissioner Elwell also extended get well wishes to Mr. Bud Whitlock and Mayor Hensley. Commissioner Harris: Commissioner Harris read into the record a letter from a constituent regarding his appreciation towards the Building Department. See SMB 88 Page 37. Commissioner Stewart: Commissioner Stewart commented on the Central Florida Regional Planning Council meeting that she attended last week. 15. ADJOURN The meeting adjourned at 5:08 p.m.