Book 18 Page 651 Regular Meeting of the Board
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BOOK 18 PAGE 651 REGULAR MEETING OF THE BOARD, JANUARY 2, 2001 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: C Guy Maxcy Mike Eastman Edgar E Stokes Carl Cool Bob Bullard J Ross Macbeth Andrew B Jackson Louise Graham David W Flowers 2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool, followed by the Pledge of Allegiance by Bob Balgemann. 3. ANNOUNCEMENTS A. Sheriff: Lt. Susan Benton presented the daily jail log of inmate count for the period ending January 2, 2001. She advised the Commission that the Sheriff’s Department has qualified for the Bureau of Justice State Criminal Alien Assistance Program. This is a reimbursement of $29,405.00. Lt. Benton requested approval of a budget amendment to place the funds into the Jail Contingency to be used for the overcrowding at the jail. The consensus of Board was to instruct staff to prepare a budget amendment and place on the Action agenda. B. Clerk: No report presented. C. Upcoming County meetings: County Administrator Carl Cool presented the upcoming meetings into the record. Commissioner Bullard asked for input from other Commissioners on the Central Florida Regional Planning Council meeting regarding growth management. He also requested that the proposed ordinance on water restrictions be reviewed by the Water Advisory Board. Additional meetings were announced for the benefit of the public. 4. PUBLIC HEARING: Second Public Hearing on Chapter 12 - Zoning Code Jim Polatty, Development Services Director, presented the Proof of Publication and Petition into the record. See Proof of Pub Ord. Book 2 Page 119. Mr. Polatty read the captions into the record and reviewed the changes in the ordinance as directed by the County Commission and staff. Staff retains its recommendation that the Commission delete the exemption for public safety towers. Commissioner Bullard suggested the following changes to the ordinance: Page 3, Section 3, Article 9, define Marine railway marina Page 4, Section 4, insert the word residential Page 12, Item D, number (6) change the language to read including utility companies, railroad or airport facilities, related administrative headquarters, storage and repair yards Page 13 Item (5) add the word zoning Page 15 & 16 Limitations on uses, correct typos BOOK 18 PAGE 652 Page 18, Sec. 31 - Keeping and maintaining animals including exotic and wild animals, (b) add B-3 & B-4 with special exception Page 19, Section 34, Item (5) All government owned towers shall be exempt from the requirements of this code. Page 20, Sec. 36 - (p) strike the word on and capitalize Existing. 9:55 RECESS FOR SWEARING IN CEREMONY OF CONSTITUTIONAL OFFICERS RECONVENE at 10:40 a.m. The Board discussed modification of Existing Transmission Towers for Co-Location. Commissioner Bullard questioned why we allow modification on existing towers that we do not allow on the new towers. Jim Mallness, representing Crown Towers, explained the proposed language that will allow existing towers to be used, because that is Co-location and at the same time provide control. Ross Macbeth stated that these modifications are fairly minimal and probably would have been accounted for in the application. Mr. Mallness asked for a change on Page 21 (4) remove the word replacement. Remove (4) and incorporate into (1) b and not to exceed 10 feet over the height of the existing tower, unless the additional height is approved by a special exception and in no case should be any higher than allowed in the zoning district. The Chair opened the floor to the public. Mike Howe, representing American Tower, thanked staff for their hard work. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to adopt the ordinance with modifications as discussed. Upon roll call, all Commissioners voted aye. Motion carried. See Zoning file for information. The Chair closed the public hearing. 5. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Stokes, to set the Action agenda as listed. • Remove Consent agenda Item number 11 and place under the County Administrator as Item number 8. • Replace budget amendment for the Sheriff as Consent agenda item number 11. Upon roll call, all Commissioners voted aye. Motion carried. A. Commissioner Flowers: Proclamation - “Stop Red Light Running” Commissioner Flowers spoke in support and read the Proclamation into the record. Motion by Commissioner Flowers, seconded by Commissioner Jackson, to adopt Proclamation, proclaiming the week of January 7-13, 2001 as “Stop! Red Light Running” week and urge all residents to recognize this event pledging to approach intersections with due caution and to stop for red light signals. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 9 Page 115. D. County Administrator Motion by Commissioner Flowers, seconded by Commissioner Bullard, to waive the agenda to hear item 7-D at this time. Upon roll call, all Commissioners voted aye. Motion carried. 7. Recreation and Parks Advisory Committee recommendation on BMX track County Administrator, Carl Cool, presented recommendations that the Board give consideration to allow the YMCA to have a lease on the North Eastern ten acres of the old Avon Park clay pit for a BMX track. Dan Andrews, owner of D & S Cycling and Dee Macdonald, Executive Director of the YMCA, presented the proposal for a long term lease. The YMCA will run the program with liability coverage available. The BOOK 18 PAGE 653 NBL will be the governing body for this sport and they will set the rules and also provide insurance. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to direct staff and the Board Attorney to work with the YMCA to develop an agreement, allowing the YMCA to use an approximate ten acre portion of the old Avon Park landfill. Ross Macbeth requested that a clause be in the lease that allows the termination of the lease, in the event some other use is intended. The Chair asked that staff take a trip over and observe the Charlotte County BMX Track and report back to the Commission. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 38 Page 67 for copy of request. B. County Engineer: 1. Request approval of Change Order #three for Sebring International Raceway Infrastructure improvements project, CDBG No. 00DB-6B-07- 38-01-E4 Chairperson Maxcy noted for the record that he will abstain from voting on this issue as E.O. Koch is a client of his corporation. He entered into the record a memorandum of voting conflict to become a part of the minutes. See SMB 38 Page 68. County Engineer, Ramon Gavarrete, presented explanation for the change order in the amount of $47, 885.80 for the Infrastructure improvements at the Sebring International Raceway. Commissioner Jackson questioned the increased fuel cost in the amount of $13,280 per attached. There was not an attachment for that amount. He also questioned why there are 10% overhead and profit on increased fuel cost. Commissioner Bullard asked for documentation on the difference between the $9,000 and the $13,280. It was a consensus of the Board to hold off on approval until proper documentation is provided. 2. Request approval of the Standard Operating Procedure for manufacturing of signs for outside agencies County Engineer, Ramon Gavarrete, presented an attachment with sample invoices, one with the current charges and one with the proposed charges for Standard Operating Procedures for manufacturing of signs for outside agencies. The County does not currently perform installations for outside agencies, the clause was added into the SOP if needed in the future. The procedure was reviewed and approved by the Finance Department, the Assistant County Administrator and the Board Attorney. The Chair opened the floor to the public. No one spoke for or against. Commissioner Bullard questioned if the cities have been informed of the price increase. Ramon advised that he has faxed a copy to the City of Sebring and Mr. Hoffman has responded in a positive manner. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the Standard Operating Procedure for manufacturing of signs for outside agencies with a correction to add language, Clerk’s Finance Department, effective immediately. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 38 Page 69. C. Board Attorney No report presented. D. County Administrator: 1. Update to the Board on Lake Istokpoga drawdown and tussock removal County Administrator, Carl Cool, presented an update to the Board on Lake Istokpoga drawdown and tussock removal. He stated that tussock removal is scheduled in 2003. However, this year’s drought has lowered lake levels to drawdown stage. Clell Ford said that the lake level is already going down from overall evaporation and from water supply needs. Tom Champeau, Fish and Wildlife Association, stated that the bottom line is the funding for the project. They need three million dollars. His agency has BOOK 18 PAGE 654 approximately $150,000 toward the project. He is requesting assistance from the Commission and the legislative delegation to see if funds can be found from an existing budget. The other issue is the permitting. Some of the concerns have been worked out with the appropriate agencies and he thinks the permits can be acquired. They are preparing the bids, and will put the bids out, contingent upon the money being available hoping that the money will be ready by mid January, with a contract to be let by the first of March to start the work. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to approve a letter be sent out over the Chairman’s signature expressing strong support for the tussock removal to occur during the natural drawdown, due to the drought, and copies to go to all affected agencies, as well as our entire legislative delegation and the governor.