BOOK 22 PAGE 151 REGULAR MEETING OF THE BOARD, FEBRUARY 7, 2012 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 Jack L. Richie Commissioner Barbara Stewart Commissioner Ron Handley Commissioner Don Elwell Commissioner R. Greg Harris Also present: Ricky Helms, County Administrator; J. Ross Macbeth, Board Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Nava, Deputy Clerk. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ricky Helms, County Administrator. The Pledge of Allegiance was led by Fred Arbelo, representing the veterans. 3. ANNOUNCEMENTS Feb 07 7:00 pm Construction Licensing, Enforcement & Appeals Board Board room, 600 S. Commerce Ave., Sebring, FL. Feb 08 2:00 pm Heartland Rural HOME Consortium Highlands County Lead Entity Highlands County Health Dept., 7205 S. George Blvd., Sebring, FL. Feb 09 1:30 pm Public Hearing of Highlands County Code Enforcement Board room, 600 S. Commerce Ave., Sebring, FL. Special Magistrate Pamela T. Karlson Feb 10 2:00 pm Selection Committee for RFP 12-016 Recyclables Transfer & Processing Services and Provision of Recycling Carts Engineering Training Room, 505 S. Commerce Ave., Sebring, FL. Feb 13 8:00 am Executive Committee for the Industrial Development Authority and the Economic Development Commission Board room of the Highlands County IDA/EDC, One East Main Street, Sebring, FL. Feb 13 9:00 am Highlands County Homeowners Association 3240 Grand Prix Ave., Sebring, FL. A. Other meetings: There will be a public hearing with Special Magistrate Rob Livingston on Thursday, February 9, 2012 at 10:00 a.m. in the boardroom. Mr. Rick Ingler stated that the Homeowners Association meeting scheduled for February 13, 2012 will have a FEMA Map presentation and encouraged the public to attend. 4. CONSTITUTIONAL OFFICERS ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, gave a brief report on the services provided by the Clerk of Courts Office for the month of January 2012. See SMB 90 Page 28. Gary Ritter, with the South Florida Water Management District Okeechobee Service Center, gave a brief update on the water levels for Lake Istokpoga and Lake Okeechobee and commented on the navigation of the Kissimmee River. 5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Accounting Director, Clerk of Courts: Presentation of the Interim Financial Report of Key Operating Performance Measures as of December 31, 2011. Tasha Morgan, Clerk s Accounting Director, presented the Interim Financial Report of Key Operating Performance Measures as of December 31, 2011. The Commission expressed
their concerns. Ramon Gavarrete, County Engineer, addressed the issue. See Clerk s Financial Reporting file. 6. CONSENT AGENDA: Commissioner Elwell declared a conflict of interest on item 6A payments being made to Alan Jay, his current employer, and requested that they vote on item 6A separately. Commissioner Stewart requested that a presentation be made to the Board concerning item 6H in the future. Ricky Helms, County Administrator, stated that he will follow up with a date for that presentation. Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda with the elimination of item 6A. Upon roll call, all Commissioners voted aye. The motion carried. move to approve item 6A, which is to pay all duly authorized bills and employee benefits. Ross Macbeth, Board Attorney, requested that the motion be modified given that the conflict of interest with Commissioner Elwell was only for the payments being made to Alan Jay. Commissioner Stewart modified her motion to move to approve all duly authorized bills and employee benefits for February 7, 2012, with the exception of those invoices that are being paid to Alan Jay. Commissioner Harris seconded the motion. Upon roll call, all Commissioners voted aye. The motion carried. move to approve the bills being paid to Alan Jay. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. A. Request approval to pay all duly authorized bills and employee benefits February 7, 2012. See Check Report 2012 file for copy of check report and abstention form. BOOK 22 PAGE 152 GENERAL FUND 2,487,924.74 COUNTY TRANSPORT TRUST 23,580.49 E911 OPERATIONS FUND 69,464.58 FL BOATING IMPROVEMENT 1,589.18 LOCAL GOVT INFRA SURTAX 11,707.85 TOURIST DEV TRUST FUND 1.73 AFFORDABLE HOUSING ASST 9,825.00 HOME INITIATIVES PARTNER 334.52 STATE COURT FACILITIES TF 229.42 COURT TECH 28.24 (12) (E) 1 6,503.90 BUILDING FUND 18.73 SOLID WASTE 191,649.15 PLACID UTILITIES.69 HIGHWAY PARK UTILITY.33 ENERGY RECOVERY 47,205.75 EMPLOYEE BENEFIT FUND 2.19 TAX DEED SURPLUS FUND 1,325.49
BOOK 22 PAGE 153 B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meetings for January 10, 17 and 24, 2012. See Clerk of Courts website. C. Request to accept into the record the Court-Related and Other Miscellaneous Funds Revenue and Expenditures Summary for the quarter ended December 31, 2011. See SMB 90 Page 29. D. Request approval of Budget Amendment 11-12-038 concerning banking interest and fee changes with a fiscal impact of $30,000.00. See Budget Amendment 2012 file, Res. Book 24 Page 147 & SMB 90 Page 30. E. Request approval continuation of Other Personnel Services (OPS) appointment for Employee No. 7088 and waiving the six (6) calendar month limit as stated in the Highlands County BCC Personnel Rules and Regulations, Section 4.06 (C) with an estimated fiscal impact of nine hundred dollars ($900.00) for FY 20112012. See SMB 90 Page 31. F. Request approval of the State of Florida Department of Transportation (FDOT) Local Agency Program (LAP) Supplemental Agreement No. 2 (FDOT FPN #4102771) and the accompanying Resolution authorizing the Chairman of the Board to execute said Supplemental Agreement for the College Drive and Memorial Drive Multi-Use Path Project No. 04030. See FDOT file & Res. Book 24 Page 148. G. Request approval of a revised Job Description for EMS Paramedic Field Trainer. See SMB 90 Page 32. H. Request approval of the Second Amendment to the Agreement for the Lake Placid Watershed Management Evaluation and Plan (L473) SWFWMD Agreement No. 2006REV0037 (County Project 05011) with no additional fiscal impact. See SWFWMD file. 7. PUBLIC HEARING: Public Hearing to consider a Resolution to vacate that portion of the 20.00 feet alley lying between the prolongation of the east boundary line of Lot 13 and the prolongation of the west boundary line of Lot 14, Block 198, according to the Plat thereof, as recorded in Placid Lakes Industrial Park, Plat Book 8, Page 63, of the Public Records of Highlands County, Florida. Ramon Gavarrete, County Engineer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file for copy. Public input was received from Gabriel Read. move to approve the Resolution as contained in the Board agenda book. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 149 & SMB 90 Page 33. 8. ACTION: Ricky Helms, County Administrator, requested to add three (3) items under County Administrator: 1) Budget Amendment request from the Sheriff s Office; 2) Request from the
Highlands County Fair Association; and 3) Informational items. Commissioner Richie stated that the items would be added under 8D as 8D-6, 8D-7, and 8D-8, respectively. Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to set the action agenda as amended; adding items 8D-6, 7, and 8, as noted. Upon roll call, all Commissioners voted aye. The motion carried. A. Administrative Project Manager: Request approval of proposed Law Enforcement Facility. Chris Benson, Administrative Project Manager, presented the request. Ricky Helms, County Administrator, expressed his appreciation towards the hard work that Mr. Benson has provided in this project. Mr. Benson stated that staff will bring back new development options at the February 28, 2012 meeting. Sheriff Susan Benton requested that the Board make a decision today on whether they will choose the Bank of America building, the Restoration Center building, or will go with new development on a County-owned property. Sheriff Benton also requested that the Board direct staff to seek real bond prices and to budget the $5,000,000. Chief Mark Schrader stated that the decision of the committee was to recommend new construction. Mr. Benson concurred and stated that Board staff and Sheriff staff all recommend new construction. The Commission discussed the location of the new building. Public input was received from John Drennan, Billie Hetherton, and Gabriel Read. Ricky Helms, County Administrator, stated that he has heard direction from the Board to come back on February 28, 2012 and provide information from the consultant. Sheriff Benton requested that the Board instruct the committee to only consider new construction. Commissioner Harris motioned and Commissioner Elwell seconded the motion. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 90 Page 34. Break: 10:24 a.m. to 10:34 a.m. BOOK 22 PAGE 154 B. Board Attorney, with Mr. Russ Odegard, Metro PCS: Request approval of Metro PCS Communications Site Lease Agreement. Ross Macbeth, Board Attorney, and Russ Odegard, with Metro PCS, presented the request. The Commission expressed their concerns. Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve the lease agreement as proposed by Metro PCS. Public input was received from Gene Reese, Sheriff Susan Benton, Bill Youngman, John Drennan, and Dick Noel. The Commission came to a consensus to revisit the E-Verify language adopted by the Board for contracts and agreements. Upon roll call, all Commissioners voted aye. The motion carried. See Metro PCS Florida file.
BOOK 22 PAGE 155 C. Board Attorney: 1. Request approval of a Health Services Grant Agreement with the Champion for Children Foundation of Highlands County, Inc. in the amount of $17,700.00. 2. Request approval of a Health Services Grant Agreement with the Champion for Children Foundation of Highlands County, Inc. in the amount of $6,000.00. 3. Request approval of a Health Services Grant Agreement with the Early Learning Coalition of Florida s Heartland, Inc. in the amount of $59,300.00. 4. Request approval of a Health Services Grant Agreement with the Samaritan s Touch Care Center, Inc. in the amount of $100,000.00. 5. Request approval of a Health Services Grant Agreement with the Highlands County Health Department in the amount of $53,750.00. 6. Request approval of a Health Services Grant Agreement with the Nu-Hope Elder Care Services, Inc. in the amount of $10,525.00. 7. Request approval of a Health Services Grant Agreement with the South Florida Community College Foundation, Inc. in the amount of $10,000.00. Ross Macbeth, Board Attorney, presented the health services grant agreements listed above. Public input was received from John Drennan, Dick Noel, Billie Hetherton, and Byron Ellis. move to approve the following health services grant agreements: with the Champion for Children Foundation of Highlands County, Inc. in the amount $17,000; with the Champion for Children Foundation of Highlands County, Inc. in the amount of $6,000; with the Early Learning Coalition of Florida s Heartland, Inc. in the amount of $59,300; with Samaritan s Touch Care Center, Inc. in the amount of $100,000; with the Highlands County Health Department in the amount of $53,750; with Nu-Hope Elder Care Services, Inc. in the amount of $10,525; and with South Florida Community College Foundation, Inc. in the amount of $10,000. Upon roll call, all Commissioners voted aye. The motion carried. See Health Services Grant Agreement file. D. County Administrator: 1. Request approval of Resolution & Budget Amendment 11-12-042 to record $9.21 additional interest revenue earned on the grant in the first quarter of FY 11/12 for Supervisor of Elections Project 10061 Federal Elections Activities Grant. Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve Resolution and Budget Amendment 11-12-042. 2012 file, Res. Book 24 Page 150 & SMB 90 Page 35.
BOOK 22 PAGE 156 2. Request approval of Resolution & Budget Amendment 11-12-041 for Supervisor of Elections Project 11031 Federal Elections Activities Grant with a fiscal impact of $12,971.99 increase to the Supervisor of Elections from $11,279.99 grant funding and $1,692.00 decrease to the Board s Central Services (2111-54900). move to approve Resolution and Budget Amendment 11-12-041. 2012 file, Res. Book 24 Page 151 & SMB 90 Page 36. 3. Request from Sheriff Benton to approve the Highlands County Sheriff s Office 2012 Fee Schedule. Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the 2012 Fee Schedule. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 90 Page 37. 4. Request approval of Budget Amendment 11-12-044 for Unemployment Charges for 1 st Quarter (Oct-Dec 2012) from Reserve from Contingency with a fiscal impact of $8,106.81. Tim Mechling, Budget Manager, and Sheriff Susan Benton, addressed the issue. Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to approve Budget Amendment 11-12-044. 2012 file & SMB 90 Page 38. 5. Request approval of Resolution & Budget Amendment 11-12-048 to appropriate insurance and Reserve for Contingency funds from lightning damages at the CAC with a fiscal impact of $1,000.00 from Reserve for Contingency. Commissioner Handley made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 11-12-048 and Resolution. 2012 file, Res. Book 24 Page 152 & SMB 90 Page 39. 6. Request approval of Resolution and Budget Amendment 11-12-053 Special Law Enforcement Trust Fund.
move to approve Budget Amendment 11-12-053 and the associated Resolution. 2012 file, Res. Book 24 Page 153 & SMB 90 Page 40. 7. Request from the Highlands County Fair Association Public input was received from John Drennan. move to approve the donation of six (6) loads of sand to be delivered to the Highlands County Fair Association, and also to waive the dumping fee for the livestock dumpster that is to be used during the fair. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 90 Page 41. 8. Informational items. Ricky Helms, County Administrator, informed the Commission that there will be representation for the Board of County Commissioners at the County Fair starting this weekend. Mr. Helms addressed the comments he provided to the newspaper in regard to his evaluations and stated for clarification that he was not seeking a raise in his currently salary and did not want the Board to consider it. 9. CITIZENS NOT ON THE AGENDA Bill Youngman came before the Board to inform them that on behalf of the Citizens for Government Accountability, they are beginning to acquire petitions that are needed to require an election to be held to repeal the tourist development tax. Mr. Youngman provided signed petitions to Chairman Richie. These petitions were provided to the Clerk to be made part of the record. See SMB 90 Page 42. Gene Reese came before the Board to request a workshop be set up concerning the spending of the Lake Placid area impact fees. Ricky Helms, County Administrator, stated that there has been some initial work on this issue by the Engineering Department and stated that they will bring this issue before the Board for consideration. John Drennan commented on the way the Commission votes after receiving public input. 10. COMMISSIONERS: Commissioner Handley: No report. BOOK 22 PAGE 157 Commissioner Elwell: Commissioner Elwell commented on the FAC Legislative meeting that he attended in Tallahassee last week and complimented Michelle Drake for all her help. Commissioner Elwell also sent out kudos to the folks that ran the Lake Placid Fair.
Commissioner Harris: Commissioner Harris commented on the FAC Legislative meeting that he attended in Tallahassee last week and commented on the Youth for Christ Banquet that he attended on Friday night. Commissioner Stewart: Commissioner Stewart stated that based on the evaluations, it appeared that the majority of the Board did not have confidence in the County Administrator, and that the issue needed to be addressed. Commissioner Stewart made a motion to move that on our next Board meeting, Tuesday, February 14 th, we take action regarding termination of Ricky Helms; and further, that this current motion serve as the seven day notice required in Mr. Helms employment agreement; further that we place Mr. Helms on paid administrative leave starting immediately and until our Board meeting next Tuesday. Commissioner Handley seconded the motion. Commissioner Elwell expressed his concerns and stated that he believed termination was not the answer. Commissioner Harris stated that he echoed Commissioner Elwell s comments. Chairman Richie stated that after several conversations, Mr. Helms has shown him determination to excel. Commissioner Stewart stated that it was very clear that the majority of the Commission supported Mr. Helms continuously and withdrew her motion. Commissioner Stewart also stated that she intended to support Mr. Helms with the rest of the Commissioners. Commissioner Handley withdrew his second and stated that he was in full support of Mr. Helms going forward. Chairman Richie: Chairman Richie commented on the Heartland Workforce Board meeting, the Canvassing Board meeting, and on the meeting with South Florida Community College and the Engineering Department that he attended last week. 11. ADJOURN The meeting adjourned at 11: 55 a.m. BOOK 22 PAGE 158