BOOK 21 PAGE 798

REGULAR MEETING OF THE BOARD, JANUARY 4, 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, , with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Rick Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

2. Invocation and Pledge of Allegiance

The meeting opened with a prayer by Commissioner Harris. The Pledge of Allegiance was led by Betsy Waddell.

3. ANNOUNCEMENTS

Jan. 04 7:00 pm Construction Licensing, Enforcement and Appeals Boardroom, 600 S. Commerce Ave., Board Sebring, Fl. Jan. 06 8:15 am Highlands County Tourist Development Council 128 Airport Lane, Sebring, Fl. Jan. 10 9:00 am Highlands County Homeowners Association Sebring Country Estates Clubhouse, 3240 Grand Prix Ave., Sebring, Fl. Jan. 11 3:00 pm Zoning Board of Adjustment and Planning & Zoning 600 S. Commerce Ave., Sebring, Fl. Commission Jan. 13 9:00 am Keep Highlands County Beautiful 227 US Hwy. 27 North, Sebring, Fl.

A. Other meetings:

¾ The Sebring Centennial Committee will meet on January 13, 2011 at 4:00 p.m.

¾ The Soil and Water Conservation District will meet today at 3:00 p.m. in room 3 of the Bert J. Harris Agricultural Center.

¾ The Rural Broadband Alliance will meet at 2:00 p.m. tomorrow at the Heartland Workforce building on US 27 South in Sebring.

B. Upcoming Board of County Commissioners meeting topics: (meetings will be held at 9:00 a.m. in the Boardroom, 600 S. Commerce Ave., Sebring, unless otherwise noted.) 1. Approval of Capital Financial Strategy (CFS) – January 11, 2011. 2. Workshop on County Administrator – meeting date to be announced. 3. Workshop on Board Attorney – meeting date to be announced.

4. CLERK:

Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts report for the month of December 2010. See SMB 85 Page 13.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

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6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA:

Chairman Stewart requested to move items 7D, 7E, and 7G under the Acting County Administrator, as action agenda items 8D1, 8D2, and 8D3.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda amending items 7D, 7E, and 7G, now becoming items 8D1, 8D2, and 8D3. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 04, 2011. See Check Report 2011 file.

General Fund 5,124,394.44 County Transport Trust 11,035.08 E911 Operations Fund 68,037.91 Conservation Trust Fund 225,000.00 Intergovt Radio Communica 28.57 Law Enforcement Educ 22,591.76 Local Govt Infra Surtax 34,009.91 Special Law Enforcement 20,000.00 Sebring Parkway Maint 4,706.54 Court Tech 28.24 (12) (E) 1 88.00 Solid Waste 195,334.65 Placid Utilities 1,421.77 Highway Park Utility 250.89 Energy Recovery 3,177.74

B. Request approval of the minutes of the Highlands County Board of County Commission regular meeting and special meeting dated December 21, 2010. See Clerk of Courts website.

C. Request approval of an ambulance billing agreement. See Emergency Medical Services file.

D. Request approval to reduce Emergency Medical Services charges with fiscal impact of $248.95. (This item was moved to the action agenda as item 8D1.)

E. Request approval to write off Emergency Medical Services charges with a fiscal impact of $507.04. (This item was moved to the action agenda as item 8D2.)

F. Request approval of Resolution and Budget Amendment 10-11-041 to rollover adjustments with a fiscal impact of $2,137.00. See Budget Amendment 2011 file, Res. Book 23 Pages 275-277 & SMB 85 Page 14.

G. Request approval of Resolution and Budget Amendment 10-11-040 for multiple General Fund projects rollover adjustments with a fiscal impact of $72,036.00. (This item was moved to the action agenda as item 8D3.)

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8. ACTION:

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as amended. Upon roll call, all Commissioners voted aye. The motion carried.

A. John Scherlacher, Tourism Development Director: Request approval of Highlands County Tourist Development Council grant to the Sebring Airport Authority for the US Sports Aviation Expo on January 19-23 in the amount of $8,193.00.

John Scherlacher, Tourism Development Director, presented the request. Bob Swaine, representing the Sebring Airport Authority, addressed the Board. The Commission addressed their comments and concerns and changes were made to the grant contract regarding the illegal alien clause and the funds. Public input was received from Dick Noel, Dale Wilson, and John Drennan.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the grant contract in the amount of $8,193.00 to the Sebring Airport Authority for the US Sports Aviation for reimbursement of Federal Airport Administration services; finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues pursuant to Section 125.0104(5) (a), of the Florida Statutes; with the addition of the illegal alien rules as passed by the Board previously and the change in the amount of funds to $8,193.00.

Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file.

B. Bernis Gainer, OMB Director: Request approval of individual Interlocal Agreements with the City of Avon Park, City of Sebring, and Town of Lake Placid, for County reimbursement of municipal recreation expenses with a fiscal impact of $300,000.00.

Bernis Gainer, Director of Office of Management and Budget, presented the request. Rick Helms, Acting County Administrator, addressed the issue. The Commission addressed their comments and concerns. Bob Swaine, representing the City of Sebring, addressed the issue of the unauthorized aliens clause added to the interlocal agreements. Public input was received from Bill Youngman, Ray Royce, Debra Worley, and John Drennan.

The Commission addressed their concerns on the unauthorized aliens clause and came to a consensus to approve the interlocal agreements for all three municipalities with the Board’s adopted unauthorized aliens clause and to check with Polk County to see if they are still working with the clause the Board mirrored from

Commissioner Richie made a motion to move to approve the Lake Placid individual Interlocal Agreement for recreation reimbursements from Highlands County. Commissioner Richie withdrew his motion.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Lake Placid Interlocal Agreement for recreation reimbursement from Highlands County to the Town of Lake Placid with an amendment to Section 1 to include the

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verbiage ...operations and maintenance of recreation facilities by the TOWN.; and reinstituting the County’s standard language regarding unauthorized aliens to Section 15.

Upon roll call, all Commissioners voted aye. The motion carried. See Town of Lake Placid file.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Interlocal Agreement for recreation reimbursement from Highlands County to the City of Avon Park with the addition of the verbiage …operations and … to Section 1; and the reinstatement of the County’s standard unauthorized alien language to Section 15.

Upon roll call, all Commissioners voted aye. The motion carried. See City of Avon Park file.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the Interlocal Agreement for recreation reimbursement from Highlands County to the City of Sebring with the following changes: the addition of the words operation and to Section 1 and reinstituting Highlands County’s long standard language regarding the unauthorized aliens to Section 15.

Upon roll call, all Commissioners voted aye. The motion carried. See City of Sebring file.

C. Board Attorney: No report.

Break: 10:15 a.m. to 10:31 a.m.

D. Acting County Administrator:

1. (7D) Request approval to reduce Emergency Medical Services charges with a fiscal impact of $248.95.

Steve Coltharp, EMS Director, presented the request. The Commission addressed their comments and concerns. Public input was received from John Nelson and Dick Noel.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to deny the request. Upon roll call, all Commissioners voted aye, except Commissioner Harris, who voted nay. The motion carried. See SMB 85 Page 15.

2. (7E) Request approval to write off Emergency Medical Services charges with a fiscal impact of $507.04.

Steve Coltharp, EMS Director, presented the request. The Commission addressed their comments and concerns. Public input was received from John Nelson, Dale Pflug, John Drazinski, Gabriel Read, and John Drennan.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to deny the request. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 16.

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3. (7G) Request approval of Resolution and Budget Amendment 10-11-040 for multiple General Fund projects rollover adjustments with a fiscal impact of $72,036.00.

Bernis Gainer, Director of Office of Management and Budget, presented the request. Tim Mechling, Budget Manager, and Rick Helms, Acting County Administrator, addressed several issues from the projects listed in the agenda item. Jeff Roth, Children’s Advocacy Center Director, addressed a project rollover for the Children’s Advocacy Center. Steve Coltharp, EMS Director, addressed a project rollover for the Emergency Medical Services Department.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-040 and its associated Resolution. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 278 & SMB 85 Page 17.

9. SHORT TERM GOAL SETTING SESSION

Chairman Stewart briefly addressed the guidelines for the Goal Setting Session and each Commissioner listed several issues that they would like to look into or address during this year.

Commissioner Stewart 1. Recreation formula for reimbursement to the municipalities 2. Tax Abatement 3. Habitat Conservation Plan 4. Housing Plan Revisions 5. Capital Financial Strategy (CFS) 6. Sheriff’s Law Enforcement Building 7. Appointing a new County Administrator 8. Board Attorney issue 9. Recycling Program 10. Landfill Operation 11. Road Policies Program 12. Consolidation of mowing and maintenance facilities 13. Funding of County’s recreation facilities 14. Medical Assistance Program 15. Coordination and cooperation with the School Board 16. Look at personnel policies with regards to cost saving measures 17. Changes and improvements to the budgeting process 18. Productivity program for 2012.

Commissioner Richie 1. Regional Utility Facility 2. Comprehensive Plan Amendment 3. Process to attract new companies 4. Funding for protection of water/lakes

Commissioner Harris 1. Tourist Development Council 2. Sustainable Budget 3. Succession Plan for County 4. Retirement in place 5. Committee memberships (quorums) 6. Stakeholders group

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Commissioner Elwell 1. Increasing transparency in communication with residents 2. Simplifying the budget 3. Isolate the Emergency Funds Reserve 4. Workshop to further reduce illegal immigration in the County 5. HR Department – work on employee recognition 6. Workshop on the sale of Tomoka Heights Utilities and Highway Park Utilities 7. Identifying and evaluating vehicles in the County 8. Feasibility of pros/cons of transitioning to a charter-form of government 9. Removing Urban Service Area 10. Sports Complex 11. Economic Development Commission (EDC) Presentation to Board 12. Budget process to start earlier with a brain-storming session 13. Review Local Preference rules 14. Code Enforcement Department (50.00 fee)

Break: 13:30 p.m. to 12:47 p.m.

Rick Helms, Acting County Administrator, suggested adding the following items to the list of goals: 1.) Determination of core services; 2.) Informative presentation of government functions and services provided; and 3.) Impact fees.

Chairman Stewart suggested combining the similar items together and it was a consensus of the Commission not to include the no retirement in place and the feasibility of a charter-form government items in the list of goals. After consideration of the goals listed by each Commissioner, the following list was approved by the Board:

1. Recreation formula for municipalities 2. Tax Abatement 3. Habitat Conservation Plan 4. Housing Plan Revisions 5. Capital Financial Strategy (CFS) 6. Sheriff’s Law Enforcement Building 7. Appointing a new County Administrator 8. Board Attorney issue 9. Recycling Program 10. Landfill Operation 11. Road Policies/Program 12. Funding of the County’s recreation facilities (including the Sports Complex) 13. Medical Assistance Program 14. Coordination & cooperation of activities with the School Board 15. Personnel policies with regard to cost saving measures 16. Changes and/or improvements to the budgeting process a. Sustainable budget b. Start budget process earlier c. Simplifying the budget d. Determination of core services e. Presentation of County vehicles

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17. Productivity Program in place for 2012 18. Comprehensive Plan Amendments a. Urban Growth Area b. Regional Utility (Tomoka Heights separately) c. Sale of County utilities 19. Consolidate Department Activities 20. Economic Development a. Process to attract new companies b. Coordination with EDC 21. Funding to protect our water/lakes 22. Tourist Development Policies 23. Succession Plan 24. Committee membership (quorums) 25. Public Communications Program 26. Purchasing/Local Preference rules 27. Code Enforcement Department - $50.00 fee 28. Impact fees 29. Illegal Immigration 30. HR Team Building 31. Subdivision/Platting process

Public input was received from Bill Youngman, Rick Ingler, John Drennan, Gary Ritter, Ray Royce, and Gabriel Read (written concerns read by Chairman Stewart). Ross Macbeth, Board Attorney, informed the Commission that the $50.00 Code Enforcement administrative hearing fee is refunded to the customer if a citation is found not to be in violation. Commissioner Elwell then suggested striking out #27 (Code Enforcement fee) from the list of goals. The Commission gave direction to Mr. Helms to go over the list of goals and help with the timing of when these items should be addressed. See SMB 85 Page 18.

10. CITIZENS NOT ON THE AGENDA: No participants.

11. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris commented on his meeting with the Governor last week.

¾ Commissioner Richie: Commissioner Richie wished everyone a happy new year.

¾ Commissioner Elwell: Commissioner Elwell stated that the Florida Association of Counties is having their workshop for new commissioners.

¾ Commissioner Stewart: No report.

12. ADJOURN

The meeting adjourned at 1:53 p.m.

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REGULAR MEETING OF THE BOARD, JANUARY 11, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Rick Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

2. Invocation and Pledge of Allegiance

The meeting opened with a silent prayer is honor of the victims of the Arizona tragedy and for the future of our Country. The Pledge of Allegiance was led by Chairman Stewart.

3. ANNOUNCEMENTS

Jan. 11 3:00 pm Planning & Zoning Commission and the Zoning Boardroom - 600 S. Commerce Ave. Board of Adjustment Sebring, Fl. Jan. 12 7:30 am Industrial Development Authority/ Economic Lake Placid Chamber of Commerce, 18 N. Development Commission Board of Directors Oak Ave., Lake Placid, Fl. Jan. 12 9:30 am Highlands County Affordable Housing Advisory Room #3, Bert J. Harris, Jr. Agricultural Committee Center, 4509 George Blvd., Sebring, Fl. Jan 13 9:00 am Keep Highlands County Beautiful, Inc. Board of 227 US Hwy. 27 North, Sebring, Fl. Directors Jan. 13 1:30 pm Public Hearing of Highlands County Code Boardroom 600 S. Commerce Ave. Sebring, Enforcement Special Magistrate Pamela T. Karlson Fl. Jan. 13 2:30 pm Historic Preservation Commission 501 S. Commerce Ave., Sebring, Fl.

A. Other meetings:

¾ The Regional Planning Council will meet on January 12, 2011 at the Sebring Airport Authority boardroom at 9:30 a.m.

¾ The Tourist Development Council will meet on Thursday, Friday, January 14, 2011 at 8:00 a.m. in the Government Annex.

¾ The Sebring Centennial will meet on Thursday, January 13, 2011 at 4:00 p.m.

B. Upcoming Board of County Commissioners meeting topics (Meetings will be held at 9:00 a.m. in the Boardroom, 600 S. Commerce Ave., Sebring unless otherwise noted): 1. January 18, 2011 - Workshop on County Administrator 2. Workshop on Board Attorney - meeting date to be announced.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

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Gary Ritter, with the Water Management District – Okeechobee Service Center, gave a brief update to the Board on the navigation locks on the Kissimmee River and stated that is still slightly above the water supply regulations.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Administrative Services Director: Employee of the Quarter Recognition.

Gerald Secory, Administrative Services Director, and Steve Coltharp, Emergency Medical Services Director, presented a certificate of recognition to Sue Kimmel, with the Emergency Medical Services Department, as employee of the quarter.

B. Ms. Terry Thompson, Mentor Manager for Big Brothers Big Sisters: Request approval of a Proclamation recognizing January 2011 as “Mentoring Month” in Highlands County.

Terry Thompson, Mentor Manager for Big Brothers Big Sisters, presented the request and read the Proclamation into the record. Public input was received from Gabriel Read. If anyone is interested to volunteer or become a mentor with this agency you may call (863) 402-9001 or visit their website by querying Big Brothers Big Sisters of the Sun Coast.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to adopt the Proclamation for Big Brothers Big Sisters making this January “Big Brothers Big Sisters” month.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 279.

7. CONSENT AGENDA:

Commissioner Elwell requested an explanation of items 7B through 7J. Linda Conrad, Zoning Supervisor, addressed his request. Public input was received from Bill Youngman concerning item 7K. Rick Helms, Acting County Administrator, and Mary Foy, Human Services Director, addressed his concerns.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to accept the consent agenda as provided. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 11, 2011. See Check Report 2011 file.

GENERAL FUND 235,583.83 COUNTY TRANSPORT TRUST 48,695.08 LEGAL AID -955.18 LOCAL GOVT INFRA SURTAX 66,648.27 TOURIST DEV TRUST FUND 53.63 TOURIST DEV TRUST FUND – LAKES 500.00 STATE COURT FACILITIES TF 4,621.99 LEGAL AID TRUST FUND 3,577.47 BUILDING FUND 345.49 SOLID WASTE 9,585.21 PLACID UTILITIES 4,190.54 HIGHWAY PARK UTILITY 2,367.98 ENERGY RECOVERY 961.36 EMPLOYEE BENEFIT FUND 18.06 INSURANCY FUND 31,213.57 011111REG BOOK 21 PAGE 807

B. Request approval of a Release of Notice of Nuisance on Case Number CE 9495-022, 17304 Broadland Lane, Okeechobee, FL 34974. See Subdivision file.

C. Request approval of a Release of Notice of Nuisance on Case Number CE 01080071, 3217 Sonnet Road, Sebring, FL 33870. See Subdivision file.

D. Request approval of a Release of Notice of Nuisance on Case Number CE 00030035, 111 Lawrence Avenue, Sebring, FL 33870. See Subdivision file.

E. Request approval of a Release of Notice of Nuisance on Case Number CE 0008-0015, 157 Lake June Drive, Lake Placid, FL 33852. See Subdivision file.

F. Request approval of a Satisfaction of Lien on Case Number CE 91-065, 201 Lake June Drive, Lake Placid, FL 33852. See Subdivision file.

G. Request approval of a Release of Lien on Case Number 92-085, 112 North Ruth Road, Avon Park, FL 33825. See Subdivision file.

H. Request approval of a Release of Notice of Nuisance on Case Number CE 9596-080, 1110 South Canal Boulevard, Sebring, FL 33870. See Subdivision file.

I. Request approval of an Amended Satisfaction of Lien on Case Number CE 9697-100, 1930 Lake Josephine Drive, Sebring, FL 33875. See Subdivision file.

J. Request approval of a Satisfaction of Lien on Case Number CE 10050022, 3914 Sebring Avenue, Sebring, FL 33872. See Subdivision file.

K. Request approval of Budget Amendment 10-11-037 for Emergency Food & Shelter Grant to roll forward Project 09062 Fund Balance of $1,056.61 for Emergency Rent & Utility Assistance. See Budget Amendment 2011 file, Res. Book 23 Page 280 & SMB 85 Page 19.

8. PUBLIC HEARING: Public Hearing for approval of a Resolution to vacate all of Cey Road, located in Avon Park Estates Unit III, according to the recorded Plat thereof, Plat Book 10, Page 43, Highlands County, Florida, and also acceptance and recordation of a Warranty Deed and Unity of Title Agreement.

Ramon Gavarrete, County Engineer, presented the request and read the caption of the Resolution into the record. A Proof of Publication was provided to the Clerk to become part of the permanent record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the attached Resolution for Cey Road to be vacated, abandoned, discontinued, and closed, and all rights of the County and the public in and to the section of the road and any lands in connection therewith be and they are hereby renounced and disclaimed; and accept and record a warranty deed for the East 10 feet of Lot 1, along N. Lone Bay Blvd and Unity of Title Agreement for Lots 1 through 4 of Block 123, of Red Hill Farms.

Upon roll call, all Commissioners voted aye. The motion carried. See Unity of Title Agreement file, County Deed 2011 file, Res. Book 23 Page 281 & SMB 85 Page 20.

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9. ACTION:

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Dr. Hilary Swain, Natural Resources Advisory Commission: Request approval for the Natural Resources Commission (NRAC) to submit the United States Fish and Wildlife Service (USFWS) Lands Acquisition Grant application.

Corine Burgess, with the Parks & Natural Resources Department, and Dr. Hilary Swain, with the Natural Resources Advisory Commission, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the submission of the USFWS Lands Acquisition Grant application.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 21.

B. Mr. Mike Willingham, Sebring Airport Authority Executive Director: Request approval of a Resolution approving for the purposes of Section 147 (f) of the Internal Revenue Code of 1986, as amended, the issuance of not to exceed $1,000,000 of Sebring Airport Authority Revenue Certificates to finance improvements for a Manufacturing Facility; and providing an effective date.

Mike Willingham, Executive Director for the Sebring Airport Authority, presented the request. Ross Macbeth, Board Attorney, addressed the purpose of the Resolution. Public input was received from Dick Noel, Dale Wilson, and Bill Youngman.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Resolution approving issuance of the Sebring Airport Authority Revenue Certificates not to exceed $1,000,000.00.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 282 & SMB 85 Page 22.

C. OMB Director: Request approval of the Revised Capital Financial Strategy.

Rick Helms, Acting County Administrator, addressed scenario #2 of the Capital Financial Strategy and stated that they will make a detailed presentation next week related to the location of generators. Ramon Gavarrete, County Engineer, addressed the Transportation Operational & Safety Improvement Programs (TOSIP) and stated that the project for improvements at the intersection of Sparrow Rd and US 27 was left out of the Capital Financial Strategy and requested that the funds be added back in for this year. Chairman Stewart addressed the generator issues and stated that the School Board needed to be involved in any discussions that involve the schools. Mr. Helms addressed the Sheriff’s Law Enforcement space needs. Chairman Stewart questioned the extension of the wastewater line. Mr. Helms addressed her question. The Commission gave direction to Mr. Helms to come up with a preliminary estimate to add the wastewater line extension project in the Capital Financial Strategy and bring it back next week. Chairman Stewart requested moving the $200,000 for EMS-Main Station in FY16-17 up to EMS Buildings for FY 16-17 and to lower the $700,000 figure for the Expansion of the Traffic Operations Building in FY17-18. The Commission gave direction to Mr. Helms to revise the Capital Financial Strategy with the

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suggested changes and to meet with each Commissioner for input on changes, and requested that staff contact the School Board today in reference to the generators. Public input was received from Gabriel Read and Dick Noel. See SMB 85 Page 23.

D. Board Attorney: Presentation of a Joint Stipulation & Settlement Agreement regarding Case No. 080000788 GCS – James W. Kelly, Robert Matthew Sherwood and Jonathan Wade Sherwood v. Highlands County, Florida and Thomas Anthony Maher.

Ross Macbeth, Board Attorney, presented the Joint Stipulation and Settlement Agreement, for information purposes, regarding Case #080000788 GCS, pertaining to a zoning action. See SMB 85 Page 24.

E. Acting County Administrator: Discussion of timing on the Short Term Goals.

Rick Helms, Acting County Administrator, addressed the timing on the Short Term Goals adopted by the Board last week. The Commission addressed their concerns and gave a timeframe to the listed goals. Commissioner Richie will contact the residents of Tomoka Heights to see if they would prefer a day or night time meeting in February. Gloria Rybinski, Public Information Coordinator, addressed the new design of the County’s website and the Commission requested an update in a few weeks. Gerald Secory, Administrative Services Director, addressed the local preference rules and the Commission requested a presentation within the next 60 days. See SMB 85 Page 25.

10. CITIZENS NOT ON THE AGENDA: No participants.

11. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie gave a brief update on the meeting for new commissioners held in Gainesville last week.

¾ Commissioner Elwell: Commissioner Elwell stated that in April the County will be celebrating its 90 years and suggested a new logo design for the anniversary. The Commission addressed their concerns.

¾ Commissioner Harris: Commissioner Harris questioned what the Commission could expect out of next weeks workshop on the new County Administrator. Chairman Stewart addressed his question.

¾ Commissioner Stewart: Commissioner Stewart commented on the Florida Rural Broadband Association meeting and the Tourist Development Council meeting that she attended last week. Commissioner Stewart stated that she appreciates all the hard work that Mr. Helms and his staff put into the Capital Financial Strategy.

12. ADJOURN

The meeting adjourned at 12:37 p.m.

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REGULAR MEETING OF THE BOARD, JANUARY 18, 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 R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Harris. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

Jan. 18 3:00 pm Tax Abatement Workgroup 505 S. Commerce Ave., Sebring, FL. Jan. 19 9:30 am Highlands County Housing Authority 2300 Hope Circle, Sebring, FL. Jan. 19 10:00 am Heartland Library Cooperative Lake Placid Memorial Library Meeting Room, Lake Placid, FL. Jan. 19 1:30 pm Industrial Development Authority/Economic 2113 US Hwy. 27, Sebring, FL. Development Commission Nominating Committee Jan. 20 27 9:00 am 1:00 pm Illegal Dump Task Force Committee Room 251, 600 S. Commerce Ave. Sebring, FL. Jan. 20 10:00 am Library Advisory Board 319 W. Center Ave., Sebring, FL. Jan. 20 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff’s Tower Rd., Sebring, FL. Jan. 21 10:00 am Joint meeting of the Tax Abatement Committee & 505 S. Commerce Ave., Sebring, FL. Workgroup and the Tax Abatement Criteria Committee for the IDA/EDC Jan. 21 3:30 pm 8:30 am Children’s Services Council of Highlands County 1909 Blessings Ave., Lorida, FL.

A. Other meetings:

¾ Joe Eck wanted the citizens of Sun’n Lakes to be aware that the McGuire court case is scheduled for January 25, 2011 at 1:30 p.m.

B. Upcoming Board of County Commissioners meeting topics: (Meetings will be held at 9:00 a.m. in the Boardroom, 600 S. Commerce Ave., Sebring unless otherwise noted.) 1. Workshop on Board Attorney - meeting date to be announced.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS: A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: A. Administrative Services Director: Years of Service Awards. This item was not heard by the Board today.

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7. CONSENT AGENDA:

Commissioner Elwell requested a brief explanation on items 7K, 7L, and 7N. Vicki Pontius, Parks & Natural Resources Director, addressed item 7K. Erin Hess, with the Health Department, addressed item 7L. Ricky Helms, Acting County Administrator, addressed item 7N. Public input was received from Joe Eck.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 18, 2011. See Check Report 2011 file.

GENERAL FUND 275,309.29 COUNTY TRANSPORT TRUST 9,232.13 INTERGOVT RADIO COMMUNICA 350.53 LOCAL GOVT INFRA SURTAX 50,597.30 TOURIST DEV TRUST FUND 515.59 AFFORDABLE HOUSING ASST 2,000.00 HURRICANE HOUSING REC PRO 100.00 SOLID WASTE 4,920.20 PLACID UTILITIES 4,633.64 HIGHWAY PARK UTILITY 140.18

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for December 28, 2010 and January 4, 2011. See Clerk of Courts website.

C. Request approval of a Release of Notice of Nuisance on Case Number CE 013093, 110 Quarters Road, Venus, Fl 33960. See Subdivision file.

D. Request approval of a Release of Notice of Nuisance on Case Number CE 98- 12-0033, 1205 West Church Street, Avon Park, Fl 33825. See Subdivision file.

E. Request approval of a Release of Notice of Nuisance on Case Number CE 0005-0048, 1809 US Hwy 98, Lorida, Fl 33857. See Subdivision file.

F. Request approval of a Release of Notice of Nuisance on Case Number CE 05090137, 175 Richfield Drive, Lake Placid, Fl 33852. See Subdivision file.

G. Request approval of a Release of Notice of Nuisance on Case Number CE 92- 217, 127 Lemon Road N.W. Lake Placid, Fl 33852. See Subdivision file.

H. Request approval of a Release of Notice of Nuisance on Case Number CE 01080141, 1520 Oak Avenue, Lake Placid, Fl 33852. See Subdivision file.

I. Request approval of a Satisfaction of Lien on Case Number CE 10040105, 3826 Howard Avenue, Sebring, Fl 33870. See Subdivision file.

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J. Request approval of a Satisfaction of Lien on Case Number CE08090081, 3612 Golfview Road, Sebring, Fl 33872. See Subdivision file.

K. Request approval of waiver of fees for Special Stars Softball Practices and Tournament. See SMB 85 Page 26.

L. Request approval of revisions to the Highlands County Health Department Fee Schedule. See Highlands County Health Department file.

M. Request approval of Budget Amendment 10-11-045 moving adopted budget between expense accounts for the Legal Aid cost center with a fiscal impact of $47,786. See Budget Amendment 2011 file & SMB 85 Page 27.

N. Request approval of Budget Amendment 10-11-043 and Resolution for the Law Enforcement Education Trust Fund’s use of fund balance for Sheriff’s Office training expenses with a fiscal impact of $43,000.00. See Budget Amendment 2011 file, Res. Book 23 Page 283 & SMB 85 Page 28.

O. Request approval to hold a Public Hearing to increase traffic penalty to fund Driver Education Programs with a fiscal impact of $8,736.00. See SMB 85 Page 29.

8. Joint Meeting with Tourist Development Council

John Scherlacher, Tourism Development Director, gave a brief presentation on the Tourist Development Council guidelines and responsibilities. A Proof of Publication was provided to the Clerk to become part of the permanent record. Mr. Scherlacher presented the Council members to the Board. The Commission addressed their comments and concerns in great detail. Mr. Scherlacher stated that he would like to work with the Tax Collector to come up with an analysis to see if it is feasible to collect tourism taxes locally. The Commission gave direction to Ricky Helms, Acting County Administrator, to coordinate this analysis with Mr. Scherlacher and June Fisher, Community Services Division Director. Eric Zwayer, Tax Collector, stated that he is willing to work with the Commission and staff on the collection of tourism taxes.

John Griffin, with the Sebring City Council, thanked the Commission for their comments and stated that they will address the issues that the Commission is concerned with. Mark Stewart, Reinhard Haubner, and Christine Hatfield, members of the Tourist Development Council, commented on “Peak Seasons” and “Off Peak Season” for hotels. The Commission gave direction to the Council to work on the revisions in the new plan and to modify their guidelines. Public input was received from Preston Colby, Anne Reynolds, Gabriel Read, Dick Noel, Dale Wilson, John Drennan, Joe Eck, Berry Foster, and Ron Layne.

The Commission gave direction to Mr. Scherlacher to address the website issue and to provided a list of how much money is spent on advertising and at what periods during the year; and also provide a list of events that were supported during the last couple of years and the months on which they were supported. The Commission thanked the Council for attending the meeting today. See Proof of Publication file & SMB 85 Page 30.

011811REG BOOK 21 PAGE 813

9. ACTION:

Chairman Stewart stated changes to the action agenda as follows: Item 9D will be moved up to 9A; 9C will be pulled; 9A will be moved down to 9C; 9D will be moved down to 11; 9F will be moved up to 9D; and 9G will be moved up to 9E.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda with item 9D becoming 9A, 9A moving to 9C, and 9E moving to item 11.

Upon roll call, all Commissioners voted aye. The motion carried.

Break: 10:51 a.m. to 11:05 a.m.

A. Mark J. Hill, Development Services Director: Highlands County 90th Birthday Celebration.

Janice McCarthy and Jessica Prescott, with the Planning Department, presented the ideas that the Highlands County Historic Preservation Commission has planned for the 90th Birthday Celebration of Highlands County on April 19, 2010. Anne Reynolds, Chairman of the Historic Preservation Commission, read the press release into the record. Public input was received from Preston Colby. See SMB 85 Page 31.

B. Linda Conrad, Zoning Supervisor: Request approval to appoint and Re- appoint members to the Board of Adjustment and Planning and Zoning Commission/Local Planning Agency.

Linda Conrad, Zoning Supervisor, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to reappoint Mr. Lew Carter, Mr. Douglas A. Walz, and Mr. David Travers as regular members of the Board of Adjustment and the Planning and Zoning Commission/Local Planning Agency for a four-year term.

Public input was received from Preston Colby. Ross Macbeth, Board Attorney, addressed the functions of the Board of Adjustments and the Planning and Zoning Commission/ Local Planning Agency.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried.

James DiNiapoli, alternate member of the Board of Adjustment and the Planning and Zoning Commission/Local Planning Agency, addressed the Board.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to appoint Mr. James DiNapoli from Alternate member to Regular member of the Board of Adjustment and the Planning and Zoning Commission/Local Planning Agency for a four- year term.

Upon roll call, all Commissioners voted aye. The motion carried.

011811REG BOOK 21 PAGE 814

Public input was received from Lewis Shiner.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to appoint Mr. Lewis “Buzz” Shiner, Jr. as an alternate member to the Board of Adjustment and the Planning and Zoning Commission/Local Planning Agency.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to appoint Mr. Larry Spradlin as an alternate member to the Board of Adjustment and the Planning and Zoning Commission/Local Planning Agency.

Public input was received from Ray Royce, Rick Ingler, and Susie Bishop.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 32.

C. Linda Conrad, Zoning Supervisor: Request approval to partially release a Lien on case number CE08060015 and CE091000089, 6302 Apple Road, Sebring Fl 33875. This item was pulled from the action agenda. See SMB 85 Page 33.

C. Scott Canaday, Interim Emergency Management Director: Presentation of Hazard Mitigation Grant Program (HMGP) and Community Development Block Grant (CDBG) for Generators purchases.

Scott Canaday, Interim Emergency Management Director, and Ben Henley, Emergency Management Coordinator, gave a brief presentation on the Hazard Mitigation Grant Program and Community Development Block Grant for generator purchases. The Commission addressed their comments and concerns in great detail. Public input was received from Preston Colby, John Drennan, and Joe Eck. Mr. Canaday recommended to remove the generators listed in the Capital Financial Strategy for Fred Wild Elementary and Avon Elementary. Chairman Stewart stated that they have to make a decision today whether to pursue the purchasing of a generator for the Special Needs Shelter or go with a rental one. This decision will be made during the Capital Financial Strategy item. See SMB 85 Page 34.

Break: 1:25 p.m. to 2:32 p.m.

D. Board Attorney:

Ross Macbeth, Board Attorney, addressed item C that was pulled from the action agenda and stated that he wants to re-verify the amounts on the liens and will bring it back to the Board.

E. Acting County Administrator:

1. Request approval for four (4) loads of clean sand and to waive the Landfill Tipping Fees for the Highlands County Fair Board with an approximate fiscal impact of $428.20.

Ricky Helms, Acting County Administrator, presented the request. Public input was received from John Drennan.

011811REG BOOK 21 PAGE 815

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the Highlands County Fair Board’s request for delivery of 4 loads of clean sand, and the waiver of Landfill Tipping Fees for the Highlands County Fair.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 35.

2. Request appointment of members to the Value Adjustment Board.

Ricky Helms, Acting County Administrator, presented the request.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to appoint Commissioner Richie and Commissioner Elwell as members of the Value Adjustment Board.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to appoint Commissioner Richie as Chairman of the Value Adjustment Board.

Public input was received from Preston Colby.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 36.

10. PUBLIC HEARING: Public Hearing to consider adoption of updates to the Capital Improvements Element by revising the Capital Financial Strategy (CFS) and Capital Improvement Schedule (CIS).

Mark Hill, Development Services Director, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Bernis Gainer, Director of Office of Management and Budget, presented the revisions to the Capital Financial Strategy. Chairman Stewart questioned the $1,000,000 for the sewer line extension. Ricky Helms, Acting County Administrator, addressed her question.

Chairman Stewart questioned the $700,000 for the Traffic Operations building. Ron Handley, with Homes by Handley, addressed the issue. Ramon Gavarrete, County Engineer, also addressed the building issue. The Commission came to a consensus to lower the $700,000 amount to $450,000.

Chairman Stewart stated that the generators for Fred Wild Elementary and Avon Elementary will be stricken out from the Capital Financial Strategy and stated that the Board needed to make a decision on renting versus purchasing a generator for the Special Needs Shelter. Commissioners Elwell and Harris stated that they would prefer purchasing the generator. Chairman Stewart stated that she preferred not buying a generator when they could get 100% reimbursement with a rental. Commissioner Richie preferred going with a rental because the County has a few well equipped fire stations that could be used until they get a rental. Tim Eures, Emergency Operations Director, addressed the issue of delays with going with a rented generator. Public input was received from Preston Colby and John Drennan. After much discussion, the Commission came to a consensus to place this item on hold for one year and to eliminate the funding for both of the generator line items in the Capital Financial Strategy.

011811REG BOOK 21 PAGE 816

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Capital Financial Strategy with the changes made today.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 37.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to adopt by Ordinance the changes to the Capital Improvements Element of the Comprehensive Plan, updating the Capital Financial Strategy, updating the Capital Improvements Schedule, and including the School District Five-Year District Work Program as part of the Capital Improvements Element.

Upon roll call, all Commissioners voted aye. The motion carried. See Proof of Publication file; Ordinance Book 14; & SMB 85 Page 38.

11. Discussion on County Administrator Position.

Chairman Stewart questioned Rick Helms, Acting County Administrator, if he was offered the position of County Administrator what would be his conditions. Mr. Helms addressed the question. The Commission held a discussion about offering the position to Mr. Helms and addressed the length of contract, salary, and the reorganization of staff. Public input was received from Preston Colby and John Drennan. Commissioner Stewart advised Mr. Helms that the Board was offering the position to him with a 1-year contract with negotiations for a multi-year contract prior to the end of the one-year; a salary of $129,000; and the opportunity to work on his reorganization but could not guarantee the funding. Mr. Helms will come back to the Board with an answer in two weeks.

12. CITIZENS NOT ON THE AGENDA

¾ John Drennan commented on an article in the newspaper regarding an incentive fund.

¾ Preston Colby commented on the County Attorney issues.

13. COMMISSIONERS:

¾ Commissioner Harris: No report.

¾ Commissioner Elwell: Commissioner Elwell requested that copies of the Short Term Goals be placed by the agendas outside the boardroom for the public to view.

¾ Commissioner Richie: Commissioner Richie commented on several meetings he held with different County departments, the Clerk’s IT, the Health Department, with Ms. Paula House, and with Mr. Michael Wright.

¾ Commissioner Stewart: Commissioner Stewart commented on the Tourist Development Council meeting and the Central Florida Regional Planning Council meeting that she attended last week. Commissioner Stewart asked Commissioner Elwell to fill in as the liaison for Sun’n Lakes. Commissioner Elwell stated he would do it.

14. ADJOURN

The meeting adjourned at 5:24 p.m.

011811REG BOOK 21 PAGE 817

REGULAR MEETING OF THE BOARD, JANUARY 25, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie 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 Ricky Helms, Acting County Administrator. The Pledge of Allegiance was led by Commissioner Elwell.

3. ANNOUNCEMENTS

Jan. 26 4:00 pm Natural Resources Advisory Commission Room 3, Bert J. Harris, Jr. Agricultural Center, Sebring, Fl.

A. Other meetings: No other meetings announced.

B. Upcoming Board of County Commissioners meeting topics: (meetings will be held at 9:00 a.m. in the Boardroom, 600 S. Commerce Ave., Sebring unless otherwise noted)

1. Workshop on Board Attorney - meeting date to be announced.

4. CLERK:

Bob Germaine, Clerk of Courts, announced that the Clerk’s Office was releasing the 2011 Annual Risk Assessment Feedback for the Commission to review with the Clerk’s Audit Director, Heather Woods. Chairman Stewart gave direction to Ricky Helms, Acting County Administrator, to meet with each Commissioner on their preference to meet individually with the Audit Director or to have a Board presentation next week.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA:

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

012511REG BOOK 21 PAGE 818

A. Request approval to pay all duly authorized bills and employee benefits January 25, 2011. See Check Report 2011 file.

GENERAL FUND 191,640.95 COUNTY TRANSPORT TRUST 35,874.32 LAW ENFORCEMENT EDUC 52,324.79 LOCAL GOVT INFRA SURTAX 249,047.70 TOURIST DEV TRUST FUND 3.40 HOME INITIATIVES PARTNER 57.00 SEBRING PARKWAY MAINT 803.18 COURT TECH 28.24 (12) (E) 1 3,122.88 BUILDING FUND 2,642.57 SOLID WASTE 15,134.78 PLACID UTILITIES 2,940.90 HIGHWAY PARK UTILITY 180.13 ENERGY RECOVERY 26.78 EMPLOYEE BENEFIT FUND 2,170.70

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for January 11, 2011. See Clerk of Courts website.

8. ACTION:

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. County Engineer: Request approval of Florida Fish and Wildlife Conservation Commission Grant Agreement No. 10-244, Budget Amendment 10-11-044, and Resolution authorizing amendment to the Local Government Infrastructure Surtax Fund for the Highlands County Waterway Marker Replacement Project #10037, with a fiscal impact of $116,000.00.

Ramon Gavarrete, County Engineer, and Chris Benson, Lands Acquisition Manager, presented the request. The Commission addressed their comments and concerns. Public input was received from Bill Youngman.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the FWC Grant Agreement No. 10-244, Budget Amendment 10-11-044, and the Resolution authorizing the amendment to the Local Government Infrastructure Surtax Fund for the Highlands County Waterway Marker Replacement Project #10037, with a fiscal impact of $116,000.00.

Upon roll call, all Commissioners voted aye. The motion carried. See Florida FWC file, Budget Amendment 2011 file, Res. Book 23 Page 284 & SMB 85 Page 40.

B. Community Programs Director:

1. Request approval of a Community Housing Development Organization (CHDO) Contract with Arcadia-Desoto County Habitat for Humanity in the amount of $100,649.00.

012511REG BOOK 21 PAGE 819

Mary Foy, Community Program Director, and Lucy Castillo, with the Housing Department, presented the request. Jane Breylinger, Executive Director of the Arcadia-Desoto County Habitat for Humanity, addressed the Board on the request. Commissioner Elwell questioned if they could incorporate the unauthorized aliens clause in the contract. Ross Macbeth, Board Attorney, stated yes. The Commission came to a consensus to add the unauthorized aliens clause as part of the contract. Public input was received from Dick Noel, John Drennan, Bill Youngman, John Nelson, Michael Berry, and Richard Fankhauser.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the attached Community Housing Development Organization (CHDO) contract with Arcadia-Desoto County Habitat for Humanity.

Mr. Macbeth requested that the motion include the addition of the unauthorized aliens clause to the contract. Commissioner Harris and Commissioner Elwell added this to their motion.

Upon roll call, all Commissioners voted aye. The motion carried. See CHDO file.

2. Request approval of Resolution & Budget Amendment 10-11-046 rolling forward HOME Projects 07008, 08034, and 09005, with a fiscal impact of $370,335.00.

Mary Foy, Community Programs Director, presented the request. Bernis Gainer, Director of Office of Management and Budget, and Tim Mechling, Budget Manager, addressed the issue. Public input was received from John Drazinski.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment 10-11-045 and the associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 285 & SMB 85 Page 41.

C. Board Attorney:

Ross Macbeth, Board Attorney, presented a quit claim deed to the Board from the Heartland Community Land Trust to the Board of County Commissioners of Highlands County for their acceptance of the reversionary interest, pertaining to the Mason’s Ridge project.

Mr. Macbeth also requested that the Board authorize the Chairman and the Clerk to sign releases releasing the interests of the lots as they are sold to the homebuyers.

Mr. Macbeth suggested that the motion be to accept and authorize the recording of the quit claim deed that conveys the reversionary interest to the County and also authorize the Chairman and the Clerk to sign the releases for the individual lots that are set for closing.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the motion suggested by Mr. Macbeth.

Upon roll call, all Commissioners voted aye. The motion carried. See County Deed file & Official Records.

012511REG BOOK 21 PAGE 820

D. Acting County Administrator: No report.

9. WORKSHOP ON THE FY 2011/2012 BUDGET

Ricky Helms, Acting County Administrator, and Bernis Gainer, Director of Office of Management and Budget, gave a brief presentation on the County budget process. Public input was received from John Drennan, Bill Youngman, Tom Macklin, Dick Noel, Michael Berry, Cliff Rhoades, Marlene Barger, Ruth Handley, Barry Foster, and Jim Motil.

The following is a list of suggestions provided by the public in reference to the 2011/2012 budget:

1. INCREASE USER FEES FOR SPORTS TEAMS. 2. REVISIT THE RECREATION INTERLOCAL AGREEMENTS. 3. REDUCE COUNTY EXPENDITURES AND NOT RAISE USER FEES. 4. USER FEES AND NON-USER FEES. 5. LOOK AT 2000 BUDGET / ZERO-BASED BUDGET. 6. RETURN TO PUBLIC BUDGET WORKSHOPS WITH DEPARTMENT PRESENTATIONS. 7. ENTERPRISE FUNDS. 8. COUNTY GOVERNMENT FUNCTIONS. 9. OPPORTUNITY FOR INTERNSHIPS.

The Commission came to a consensus to discuss the recreation issue on February 22, 2011 and the housing issue on March 1, 2011. Chairman Stewart requested a list for public awareness of tentative dates that budget items will be addressed. See SMB 85 Page 42.

10. CITIZENS NOT ON THE AGENDA: No participants.

11. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie stated that he had several meetings with department heads and commented on the Children’s Services Council meeting and on the Aviation Expo that he attended last week. Commissioner Richie stated that he looked at a couple of buildings for possible future use by the Sheriff’s Department.

¾ Commissioner Elwell: Commissioner Elwell commented on the Library Co-op Board meeting and the Library Advisory Board meeting that he attended last week. Commissioner Elwell stated that the Tourist Development Council has been updating their website.

¾ Commissioner Harris: Commissioner Harris commented on the Recreation and Parks Advisory Committee, the Sebring Airport Authority, and the Children’s Services Council meetings that he attended last week. Commissioner Harris commented on his visits to the Aviation Expo, the Liberty Star Plaza, and the tour to the utility plant in Lake Placid.

¾ Commissioner Stewart: Commissioner Stewart commented on the Florida’s Heartland Rural and Economic Development Initiative (FHREDI) meeting that she attended last week and stated that FHREDI has a new executive director.

12. ADJOURN

The meeting adjourned at 9:11 p.m.

012511REG BOOK 21 PAGE 821

REGULAR MEETING OF THE BOARD, FEBRUARY 1, 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 R. Greg Harris Commissioner Jack L. Richie 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 Chairman Stewart. The Pledge of Allegiance was led by Rick Ingler.

3. ANNOUNCEMENTS

Feb. 1 3:00 pm Highlands Soil & Water Conservation District Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL. Feb. 3 10:00 am Lake Istokpoga Meeting on Hydrilla Control Room #2, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL. Feb. 3 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring, FL.

A. Other meetings:

The Florida Rural Broadband Alliance Board of Governors will meet at the Heartland Workforce Office on Wednesday, February 2, 2011 at 2:00 p.m.

The Tourist Development Council will meet at La Quinta Inn & Suites in Sebring on Thursday, February 3, 2011 at 8:15 a.m.

The Sebring Centennial will meet at the Sebring Civic Center on Thursday, February 3, 2011 at 4:00 p.m.

The Construction, Licensing, Enforcements and Appeals Board will meet in the in the County Commission boardroom today at 7:00 p.m.

B. Upcoming Board of County Commissioners meeting topics: (Meetings will be held at 9:00 a.m. in the Boardroom, 600 S. Commerce Ave., Sebring unless otherwise noted.)

1. Workshop on Board Attorney – March 1, 2011.

4. CLERK:

Bob Germaine, Clerk of Courts, stated that the Risk Assessment was issued to the Commission and to department heads last week and advised to contact Heather Woods, Audit Director, for any questions. Mr. Germaine informed the Board that the Clerk’s Internal Audit Department has initiated the follow-up audit for the asphalt plant.

5. CONSTITUTIONAL OFFICERS: A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

020111REG BOOK 21 PAGE 822

Gary Ritter, with the South Florida Water Management District – Okeechobee Service Center, presented the water flows and levels for Lake Istokpoga and stated that there will be a scoping meeting with the U. S. Fish and Wildlife Service on Friday, February 4, 2011 at 6:00 p.m. at the Sebring Civic Center. Public input was received from Gabriel Read.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Administrative Services Director: Presentation of Years of Service Awards.

Gerald Secory, Administrative Services Director, and Ricky Helms, Acting County Administrator, presented certificates to employees Lance Duval, with Emergency Medical Services, and S. Y. Moseley, Building Official, for their 15 years of service to the County.

B. Laura Andrews, Leadership Highlands: Request approval of a Proclamation recognizing February 5, 2011 as “Highlands Hometown Fights Hunger Day”.

Laura Andrews, with Leadership Highlands class of 2010, read the Proclamation into the record. Kyle Green, representing Leadership Highlands class of 2010, addressed the Board.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the Proclamation in recognition of “Highlands Hometown Fights Hunger Day”.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 286.

C. County Engineer: Request approval of a Proclamation designating February 18-22, 2011 as “National Engineer’s Week”.

Ramon Gavarrete, County Engineer, presented the request and read the Proclamation into the record. Ron Cauthan, with Chastain Skillman, addressed the Board.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation designating February 18-22, 2011 as National Engineer’s Week.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 287 & SMB 85 Page 42.

D. Mr. Pat Lien, General Manager, and Ms. Denise Collins, Program Director, Government Services Group: Presentation on the Florida Rural Broadband Alliance.

Pat Lien, General Manager of the Government Services Group, gave a brief presentation on the Florida Rural Broadband Alliance. Public input was received from Bill Youngman, Dale Wilson, John Drennan, and Joe Eck. See SMB 85 Page 43.

7. CONSENT AGENDA:

Commissioner Elwell requested further discussion on item 7C. Mary Foy, Community Programs Director, addressed his concerns.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

020111REG BOOK 21 PAGE 823

A. Request approval to pay all duly authorized bills and employee benefits February 1, 2011. See Check Report 2011 file.

GENERAL FUND 2,652,888.87 COUNTY TRANSPORT TRUST 10,632.71 E911 OPERATIONS FUND 68,037.91 INTERGOVT RADIO COMMUNICA 168.77 LOCAL GOVT INFRA SURTAX 41,202.82 TOURIST DEV TRUST FUND 1,731.25 HOME INITIATIVES PARTNER 137,688.28 SEBRING PARKWAY MAINT 2,301.13 COURT TECH 28.24 (12) (E) 1 1,819.76 BUILDING FUND 219.68 SOLID WASTE 188,437.66 PLACID UTILITIES 94.60 HIGHWAY PARK UTILITY 41.43 ENERGY RECOVERY 67,521.62 EMPLOYEE BENEFIT FUND 26.09 INSURANCY FUND 33,987.49 TAX DEED SURPLUS FUND 7,097.92

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for January 18, 2011. See Clerk of Courts website.

C. Request approval of Satisfaction of Mortgages with respect to the State Housing Initiative Partnership (SHIP). See Satisfaction of Mortgages file.

8. ACTION:

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Zoning Supervisor: Presentation of a request for a reduction of Lien for Ms. Corrie Brakefield.

Linda Conrad, Zoning Supervisor, and Beverly Singley, Code Enforcement Officer, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to deny the Partial Release of Lien request for Case Number CE06010205 for 9135 Mare Path, Sebring, Florida 33875.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 44.

B. Community Programs Director: Request approval of a Grant Amendment to the HOME Investment Partnership Program Agreement No. M10-DC120233 in the amount of $667,239.00 for Compliance with new Federal OMB requirements.

Mary Foy, Community Programs Director, presented the request. The Commission addressed their comments and concerns. Public input was received from Bill Youngman, Dale Wilson, and John Drennan.

020111REG BOOK 21 PAGE 824

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Grant Amendment to the HOME Program Grant Agreement No. M10- DC120233 for compliance of new Federal OMB requirements.

Upon roll call, all Commissioners voted aye. The motion carried. See Housing file.

Break: 10:39 a.m. to 10:50 a.m.

C. OMB Director: Request approval of a Rollover Encumbrance listing and Resolution & Budget Amendment 10-11-051 with a fiscal impact of $88,548.88.

Bernis Gainer, Director of Office of Management and Budget, and Tim Mechling, Budget Manager, presented the request.

Commission Elwell made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-051 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 288 & SMB 85 Page 45.

D. Board Attorney:

Ross Macbeth, Board Attorney, informed the Board about an escrow agreement that will come before the Board next week.

Mr. Macbeth stated that he is planning to attend the meeting with the Department of Community Affairs on Monday, February 7, 2011 in Tallahassee.

E. Acting County Administrator:

1. Request approval of Resolution & Budget Amendment #10-11-050 for adjusting the budget for unemployment claims with a fiscal impact of $25,059.18 from the Reserve for Contingency.

Ricky Helms, Acting County Administrator, presented the request. Public input was received from John Drennan.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-050 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 289 & SMB 85 Page 46.

2. Response to Board offer of employment and presentation of options.

Ricky Helms, Acting County Administrator, responded to the offer made to him by the Board to consider accepting the County Administrator position. Mr. Helms stated that in order for him to succeed in his efforts as County Administrator, he has a plan that includes an Assistant County Administrator and the same number of positions in the management team as existed prior to June 14, 2010. Mr. Helms stated that the salary and benefits that were initially offered by the Board would not be acceptable and that he would expect that the

020111REG BOOK 21 PAGE 825

details on compensation would be addressed in formal negotiations. Mr. Helms informed the Board that if the response provided by him is unacceptable, then there is no need to proceed any further with the consideration of the offer of employment and the Board should begin the search process to hire the next County Administrator for Highlands County. The Commission addressed their comments and concerns and came to a consensus to start negotiations with Mr. Helms this week. Ross Macbeth, Board Attorney, stated that if more than one Commissioner will meet with Mr. Helms for negotiations, then the meeting will have to be publicly advertised. Chairman Stewart stated that they will bring the negotiations back to the Board on February 8th or February 22nd.

9. CITIZENS NOT ON THE AGENDA

¾ Joe Eck commented on the evening meetings held by the Board. He also addressed his opinion on retro pay for the Acting County Administrator.

¾ Gabriel Read commented on a foreclosure/closure program. Chairman Stewart advised June Fisher, Community Services Division Director, to look into this program.

¾ Preston Colby commented on a motion filed by the Board Attorney to strike a testimony in the case Colby vs. Board. Mr. Colby also commented on copying fees billed by Mr. Macbeth to the Board. Mr. Macbeth addressed the motion filed and addressed the copying charges.

¾ John Drennan commented on the County Administrator position.

10. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris commented on the Hospice ribbon breaking ceremony, the Ag Extension Committee meeting and the Sebring Chamber of Commerce Annual Banquet that he attended last week.

¾ Commissioner Elwell: Commissioner Elwell stated that he toured the Landfill and Recycling Departments and requested to include the short term goals on the agenda or to place copies outside the boardroom for public view. Commissioner Elwell also questioned the County’s presence at the county fair. Mr. Helms stated that there were no funds in the budget to provide an exhibit. Chairman Stewart suggested teaming up with the booths provided by the 4-H or the Ag-Extension and gave direction to Ms. Fisher to get with the Commissioners to see who would like to participate.

¾ Commissioner Richie: Commissioner Richie stated that the Humane Society is in need of volunteered help and commented on his meeting with a group from Lykes Brothers, the Heartland Workforce Board meeting and other meetings that he attended last week.

¾ Commissioner Stewart: Commissioner Stewart commented on the Transportation Disadvantaged meeting that she attended last week and stated that she will be attending the meeting with DCA next Monday. Commissioner Stewart also addressed her concerns about next fiscal year’s budget and stated that their only options are to significantly cut spending or to increase taxes.

11. ADJOURN

The meeting adjourned at 12:16 p.m.

020111REG BOOK 21 PAGE 826

REGULAR MEETING OF THE BOARD, FEBRUARY 8, 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 R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Harris. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

Feb. 8 3:00 pm Planning & Zoning Commission and the Local Planning Boardroom, 600 S. Commerce Ave., Sebring, Agency and the Zoning Board of Adjustment FL. Feb. 9 7:30 am Industrial Development Authority & the Economic 2113 US 27 S., Sebring, FL. Development Commission Feb. 9 9:30 am Affordable Housing Advisory Committee 501 S. Commerce Ave., Sebring, FL. Feb. 10 9:00 am Technical Review Workgroup 505 S. Commerce Ave., Sebring, FL. Feb. 10 1:30 pm Public Hearing of the Highlands County Code Enforcement Boardroom, 600 S. Commerce Ave., Sebring, Special Magistrate Pamela T. Karlson FL. Feb. 14 9:00 am Highlands County Homeowners Association 3240 Grand Prix Ave., Sebring, FL. Feb. 14 2:00 pm Impact Fee Review Committee 505 S. Commerce Ave., Sebring, FL.

A. Other meetings:

The Insurance Committee will meet on Thursday, February 10, 2011 at 10:00 a.m. in the Commission boardroom.

4. CLERK:

Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts monthly report for the month of January 2011. Public input was received from Gabriel Read concerning foreclosures. Mr. Germaine addressed the mediation services offered by the court. See SMB 85 Page 48.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff:

Sheriff Benton announced that the Highlands County Jail was designated as an Accredited Detention Facility by the Florida Corrections Accreditation Commission and spoke about the accreditation process.

Sheriff Benton presented a request to expend funds from the State Forfeiture Fund.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the expenditure of State Forfeiture Funds for the above listed items not to exceed $27,326 and waive Chapter 50 of the County purchasing policy for the DNA software

020811REG BOOK 21 PAGE 827

and equipment. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 49.

Sheriff Benton also presented the Quarterly Report of the Highlands County Sheriff’s Office. See SMB 85 Page 50.

B. Property Appraiser: No report.

C. Tax Collector:

Eric Zwayer, Highlands County Tax Collector, briefly presented a report of taxes collected for January 2011 as opposed to January 2010. Mr. Zwayer stated that he met with the Tourist Development Council and is currently working on gathering information from the state to see if it is more efficient for the County to collect tourism taxes locally or through the state.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

Scott Canaday, Interim Emergency Management Director, commented on the brush fire that occurred in the Henscratch Road area in Lake Placid on Monday and stated that the fire was about 75% contained at the time. Commissioner Elwell thanked everyone for their help.

7. CONSENT AGENDA:

Commissioner Harris questioned items 7C and 7P. Bernis Gainer, Director of Office of Management and Budget, addressed both items. Public input was received from John Drennan.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits February 8, 2011. See Check Report 2011 file.

GENERAL FUND 702,530.90 COUNTY TRANSPORT TRUST 42,138.92 INTERGOVT RADIO COMMUNICA 107.71 LOCAL GOVT INFRA SURTAX 12,971.17 TOURIST DEV TRUST FUND 1,521.42 AFFORDABLE HOUSING ASST 85.00 HOME INITIATIVES PARTNER 162,688.28 HURRICANE HOUSING REC PRO 2,340.00 SEBRING PARKWAY MAINT 2,397.60 COURT TECH 28.24 (12) (E) 1 159.96 BUILDING FUND 17,857.50 SOLID WASTE 51,999.54 PLACID UTILITIES 9,406.45 HIGHWAY PARK UTILITY 2,678.76 ENERGY RECOVERY 98,666.28

020811REG BOOK 21 PAGE 828

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for January 25, and February 1, 2011. See Clerk of Courts website.

C. Request to accept into the record the Sebring Airport Authority Annual Statements and Auditor’s Report for Fiscal Year Ending 09-30-10. See Sebring Airport Authority file.

D. Request approval of a six-month Extension Agreement with Bank of America, N.A. for April 1, 2011 through September 30, 2011 with no fiscal impact. See Bank of America file.

E. Request approval of a Partial Release of Lien on Case Number CE 10080081, 5415 Lake Haven Boulevard, Sebring, FL 33875. See Subdivision file.

F. Request approval of Release of Notice of Nuisance on Case Number CE 0503- 0152, on 149 Lake June Drive, Lake Placid, FL 33875. See Subdivision file.

G. Request to approve Release of Lien on Case Number CE 00060050, 311 Gale Street, Avon Park, FL 33825. See Subdivision file.

H. Request to approve Release of Lien on Case Number CE 02080097, 4716 Muriel Avenue, Sebring, FL 33870. See Subdivision file.

I. Request to approve a Satisfaction of Lien on Case Number CE 05040206, 514 Valencia Street, Sebring, FL 33870. See Subdivision file.

J. Request to approve a Satisfaction of Lien on Case Number CE 05070047, 6012 Red Beach Lane, Sebring, FL 33870. See Subdivision file.

K. Request to approve a Satisfaction of Lien on Case Number CE 05110051, 2909 Wallace Drive, Sebring, FL 33872. See Subdivision file.

L. Request to approve a Satisfaction of Lien on Case Number CE 08060162, 2630 West Seville Drive, Avon Park, FL 33825. See Subdivision file.

M. Request to approve a Satisfaction of Lien on Case Number CE 09110098, 1710 North Valencia Drive, Avon Park, FL 33825. See Subdivision file.

N. Request to approve a Satisfaction of Lien on Case Number CE 10100089, 9122 Bridle Path, Sebring, FL 33875. See Subdivision file.

O. Request approval of Budget Amendment 10-11-055 with no fiscal impact. See Budget Amendment 2011 file & SMB 85 Page 51.

P. Request approval of Resolution & Budget Amendment 10-11-058 for the Energy Recovery Fund Project Closure with a fiscal impact of $5,275.25 (decrease). See Budget Amendment 2011 file, Res. Book 23 Page 291 & SMB 85 Page 52.

Q. Request approval of Resolution & Budget Amendment 10-11-060 for General Transportation, Legal Aid Trust and Solid Waste Funds with a fiscal impact of $14,908.94 (decrease). See Budget Amendment 2011 file, Res. Book 23 Page 292 & SMB 85 Page 53.

020811REG BOOK 21 PAGE 829

8. PUBLIC HEARING: Richard “Bo” Birt, Director of Finance, Highlands County School Board: Public Hearing to increase Traffic Penalty to fund Driver Education Programs with a fiscal impact of $8,736.00.

Bernis Gainer, Director of Office of Management and Budget, and Mr. Richard “Bo” Birt, Director of Finance with the School Board of Highlands County, 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. See Proof of Publication file.

Public input was received from Bill Youngman and Gabriel Read. Bob Germaine, Clerk of Courts, commented on the amount of money this penalty increase could bring in.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the Ordinance amending the Highlands County Code of Ordinances Section 2-8, subsection (c) to increase the civil traffic penalty to $5.00.

Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 14 & SMB 85 Page 54.

9. ACTION:

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Tasha Morgan, Clerk of Courts Accounting Director: Presentation of the Interim Financial Report of Key Operating Performance Measures as of December 31, 2010.

Tasha Morgan, Clerk of Courts Accounting Director, presented the Interim Financial Report of Key Operating Performance Measures as of December 31, 2010. The Commission addressed their comments and concerns and thanked Ms. Morgan for the presentation.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to accept into the record the presentation of the Interim Financial Report of Key Operating Performance Measures as of December 31, 2010.

Upon roll call, all Commissioners voted aye. The motion carried. See Clerk’s Financial Report file.

Break: 10:37 a.m. to 10:48 a.m.

B. Planner I, Development Services Department: Request to consider a partnership with Commuter Services, a free commuter assistance program funded by the Florida Department of Transportation, to allow the County to explore a wider range of transportation choices for employees.

Janice McCarthy, with the Planning Department, Jan Parham, with the Florida Department of Transportation, and Russell McDermott, with Commuter Services, presented the request for the Commission to consider a commuter assistance program funded by the Florida Department of Transportation. The Commission addressed their comments and concerns.

020811REG BOOK 21 PAGE 830

Public input was received from Preston Colby, Dale Wilson, Bill Youngman, Gabriel Read, and John Drennan.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve a Partnership with Commuter Services to allow the County to explore a wider range of transportation choices for employees by participating in the free commuter assistance program funded by the Florida Department of Transportation and to appoint an ambassador to represent the County in the Partnership.

Upon roll call, all Commissioners voted aye. The motion carried. See Commuter Services file or SMB 85 Page 55.

C. Public Information Coordinator: Presentation on Public Information Office.

Gloria Rybinski, Public Information Coordinator, gave a brief presentation on the Public Information Office. Public input was received from Preston Colby and Bill Youngman. The Commission thanked Ms. Rybinski for her presentation. See SMB 85 Page 56.

D. Board Attorney:

1. Request approval of an Escrow Agreement with Mr. Agustin Iglesias & Ms. Daisy Llorens.

Ross Macbeth, Board Attorney, presented an escrow agreement between Highlands County and Highlands County Habitat for Humanity, Mr. Agustin Iglesias & Ms. Daisy Llorens, Homeland Public Adjusters Corp., and Heartland National Bank for the Board’s consideration. Mr. Macbeth stated that the escrow agreement is required for the release of funds to the homeowners for repairs of the home. The Commission came to a consensus to authorize June Fisher, Community Services Division Director, to act as the representative of the County and requested that the change be made on the agreement.

Mr. Macbeth suggested that the Board make a motion to approve the escrow agreement in the agenda package to authorize execution by the Chairman of the Board with one change: to change the representative for the County from the County Attorney to the Community Services Division Director.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the motion suggested by Mr. Macbeth.

Upon roll call, all Commissioners voted aye. The motion carried. See Habitat for Humanity file.

2. Request approval of Employment Eligibility Verification (E-Verify) contract language.

Ross Macbeth, Board Attorney, presented the proposed E-Verify contract language. The Commission addressed their comments and concerns and came to a consensus to have all companies be enrolled with E-Verify at the time that they submit a bid.

Public input was received from Bill Youngman and John Drennan.

020811REG BOOK 21 PAGE 831

Mr. Macbeth addressed the changes made to the proposed language as follows: Delete all of section (b) (1); section (b) (2) now becomes (b) (1) and will now read: The Contractor must be enrolled in E-verify at time of contract award, and the Contractor shall use E-verify to initiate verification of employment eligibility of―; and section (b) (3) will now become (b) (2).

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the employment eligibility verification language with the suggested changes.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 57.

3. Request approval of Highlands Ethanol, LLC’s Request for Modification. Ross Macbeth, Board Attorney, presented the request. Public input was received from Bill Youngman and Ray Royce.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to authorize the Chair to sign the request for modification for Project #0810928A.

Upon roll call, all Commissioners voted aye. The motion carried. See Highlands Ethanol, LLC file.

4. Discussion & approval of County Administrator Contract.

Ross Macbeth, Board Attorney, presented the request and provided an overview of the contract drafted from the negotiations with the Assistant County Administrator, Ricky Helms, and stated that the Commission needed to reach an agreement on the following provisions listed:

3a. Salary - An annual base salary of $135,000. 4e. Retirement - An employer contribution of $10,000 in deferred compensation. 4 i. Insurance Coverage - A term life insurance policy of $135,000.

Commissioner Elwell questioned the 90-day notice of intent to terminate the contract and suggested that it be changed to 120 days. Mr. Helms stated that he would agree to the 120- day notice only if the County would agree to pay 120 days of severance pay.

Commissioner Harris, Commissioner Richie, and Commissioner Elwell concurred that the $135,000 annual salary was acceptable.

Commissioner Harris, Commissioner Richie, and Commissioner Elwell were in agreement with the insurance coverage indicated in provision 4i.

Mr. Macbeth questioned Mr. Helms’ preference on provisions 4f (Vacation or Paid Time Off) and 4g (Sick Leave). Mr. Helms stated that he preferred the alternate paragraphs listed on the draft contract. Commissioner Harris, Commissioner Richie, and Commissioner Elwell were in agreement to use the alternate paragraphs.

The Commission discussed the contribution of $10,000 in deferred compensation. Commissioner Elwell suggested an amount of $2,500 for a one-year term or if it were a two- year contract he suggested an amount of $5,000. Commissioner Harris and Commissioner Richie were in agreement with the $10,000 requested by Mr. Helms. Commissioner Elwell

020811REG BOOK 21 PAGE 832

questioned if the contract could be changed to a two-year contract with a contribution of $5,000 in deferred compensation for the first year and $10,000 for the second year. Mr. Macbeth stated yes. Mr. Helms stated that if it were a two-year contract, he would accept the deferred compensation amount of $5,000 for the first year and $10,000 for the second year. Commissioner Stewart stated that the idea of a one-year contract was already well thought out and stated that she would support the one-year contract with the $10,000 in deferred compensation and suggested that the Commission give it a second thought.

Break: 2:03 p.m. to 2:11 p.m.

Commissioner Harris and Commissioner Richie stated that they would support the two-year contract.

Mr. Macbeth questioned if the Commission was comfortable with the 120-day termination notice provision by both, the Board and Mr. Helms. Commissioner Harris, Commissioner Richie, and Commissioner Elwell stated yes.

Public input was received from Preston Colby, John Drennan, and Andy Tuck.

Mr. Macbeth reviewed the changes that would be made to the draft contract as discussed today and stated that the commencement date of the agreement would be February 14, 2011 at 12:01 a.m.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to accept the employment agreement of Ricky Helms with the changes put forth by Mr. Macbeth.

Commissioner Stewart stated that she is looking forward to working with Mr. Helms and that she still favors a one-year contract because at the end of the year they would be able to evaluate Mr. Helms’ achievements with regard to the two over-arching goals that the County has; one, is addressing the deficits the County faces in the short term, and two, is the ability to build a County bureaucracy that is sustainable financially in the future; and as a result of him achieving those goals they could create a new contract to address compensation in a meaningful and measureable manner. Commissioner Stewart also stated that with regard to the contract as it now stands, she believes that given the economic conditions that the County is facing now and in the foreseeable future and given the financial situation that the County government is facing now and in the foreseeable future, she cannot support the employment agreement and would vote against it.

Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. The motion carried. See County Administrator file.

Mr. Helms stated that he would appreciate an additional vote of confidence from the Board. All Commissioners expressed their confidence to Mr. Helms.

5. Request for litigation session with the Board.

Ross Macbeth, Board Attorney, requested to meet with the Board of County Commissioners, June Fisher, as Acting County Administrator, and a certified court reporter in closed session

020811REG BOOK 21 PAGE 833

to seek advise on pending case #GC-09-13 - Preston Colby vs. Board of County Commissioners. The meeting was scheduled for February 15, 2011 at 10:30 a.m. The meeting will be advertised accordingly.

E. Acting County Administrator: Request approval of Resolution & Budget Amendment 10-11-053 with a fiscal impact of $178,052.00 for Reserve for Contingency.

Ricky Helms, Acting County Administrator, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-053 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 293 & SMB 85 Page 58.

10. CITIZENS NOT ON THE AGENDA

Preston Colby commented on last week’s comments by the Board Attorney regarding copy charges and presented a copy of an excerpt of a hearing to the Board. See SMB 85 Page 58A.

Bill Youngman commented on the discarded “No Wake” signs and questioned if they could be re-used. Ricky Helms, Acting County Administrator, will bring back a report from the departments involved with the signs.

Ross Macbeth, Board Attorney, addressed the comments made by Mr. Colby.

11. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Richie stated that he is very excited that they have secured a County Administrator and is honored to work with Mr. Helms.

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell questioned if it would be fruitful to have a full audit on the attorney billings. Bob Germaine, Clerk of Courts, stated that the Clerk’s Office has completed an audit and suggested meeting with Heather Woods, Director of Audit, to find out the scope of the audit. Commissioner Elwell also questioned the vending machines. Ricky Helms, Acting County Administrator, stated that the Administrative Services Department has not received any bids from anyone wanting to provide snacks and that the Department is going to re-bid.

¾ Commissioner Stewart: Commissioner Stewart commented on the Department of Community Affairs meeting that they attended on Monday.

12. ADJOURN

The meeting adjourned at 3:10 p.m.

020811REG BOOK 21 PAGE 834

REGULAR MEETING OF THE BOARD, FEBRUARY 15, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: June Fisher, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

2. Invocation and Pledge of Allegiance

The meeting opened with a prayer by Pat Steed, Executive Director for the Central Florida Regional Planning Council. The Pledge of Allegiance was led by Lt. Col. Charles MacLaughlin.

3. ANNOUNCEMENTS

February 11-19, 2011 - 74th Annual Highlands County Fair & Livestock Show at the Highlands County Fairgrounds

A. Other meetings:

¾ The Children Services Council will meet on Wednesday at 7:30 p.m.

¾ The Recreation and Parks Advisory Committee will meet on Thursday, February 17, 2011 at the Sports Complex.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

Gary Ritter, with the South Florida Water Management District – Okeechobee Service Center, announced that Joe Collins will be giving a presentation on the Northern Initiative at the Friends of Istokpoga meeting on Thursday, February, 17, 2011 at 7:00 p.m. at the Lorida Civic Center.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

June Fisher, Community Services Division Director, presented a request from the Fair Association for two loads of shell to make the ground more stable for parking at the fairgrounds. Public input was received from John Drennan.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move approval of the two loads of shell to the fairgrounds for the fair this week. Upon roll call, all Commissioners voted aye. The motion carried.

021511REG BOOK 21 PAGE 835

7. CONSENT AGENDA:

Commissioner Harris questioned item 7E. Tasha Morgan, Accounting Director for the Clerk of Courts, addressed 7E. Commissioner Elwell requested an explanation for the public on item 7F. Bernis Gainer, Director of Office of Management and Budget, addressed his request. Commissioner Elwell addressed project #09078 (Project Buildings) in the amount of $346,415.15 listed on the Budget Amendment to be rolled over to FY 10/11 and suggested closing out the project and placing the money into Reserve for Contingency. Commissioner Stewart stated that the project was not specifically earmarked for the Sheriff’s Office. Sheriff Benton addressed the issue and stated that when that project was created it was with left- over fund balance from the Sheriff’s Office that was specifically put into there for infrastructure needs. After discussion, the Commission came to a consensus to address the county buildings fund when Ricky Helms, County Administrator, returns.

Public input was received from John Drennan, who requested an explanation on items 7G and 7I. Mr. Gainer addressed both items.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the removal of item 7F. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits February 15, 2011. See Check Report 2011.

GENERAL FUND 329,165.75 COUNTY TRANSPORT TRUST 28,014.21 LOCAL GOVT INFRA SURTAX 22,245.80 TOURIST DEV TRUST FUND 553.70 AFFORDABLE HOUSING ASST 15,000.00 HOME INITIATIVES PARTNER 128,364.00 STATE COURT FACILITIES TF 1,849.69 COURT TECH 28.24 (12) (E) 1 1,405.00 BUILDING FUND 18,242.33 SOLID WASTE 19,625.62 PLACID UTILITIES 15,441.75 HIGHWAY PARK UTILITY 17,456.30 ENERGY RECOVERY 1,062.49 EMPLOYEE BENEFIT FUND 2,193.02

B. Request approval of a Satisfaction of Lien on Case Number CE 05060061, 6412 Hancock Road, Sebring, FL 33875. See Subdivision file.

C. Request approval of a Satisfaction of Lien on Case Number CE 06050025, 6412 Hancock Road, Sebring, FL 33875. See Subdivision file.

D. Request approval of a revised DR-420FC Distribution to Fiscally Constrained Counties Application & accompanying letter. See SMB 85 Page 60.

E. Request approval of Court-Related and Other Miscellaneous Funds Revenue and Expenditures for the Board of County Commissioners. See SMB 85 Page 61.

021511REG BOOK 21 PAGE 836

F. Request approval of Resolution & Budget Amendment 10-11-056 for Project Roll Forward Infrastructure Surtax Fund and Impact Fee Parks & Recreation Lake Placid Fund Adjustments with a fiscal impact of $ 245,412.01(decrease).

G. Request approval of Resolution & Budget Amendment 10-11-062 for General Fund Rollover Project Adjustment 08026 Habitat Conservation Plan with a fiscal impact of $15,686.00. See Budget Amendment 2011 file, Res. Book 23 Page 295 & SMB 85 Page 62.

H. Request approval of Resolution & Budget Amendment 10-11-064 for insurance proceeds for Road & Bridge insurance claim with a fiscal impact of $1,925.15. See Budget Amendment 2011 file, Res. Book 23 Page 296 & SMB 85 Page 63.

I. Request approval of Resolution & Budget Amendment 10-11-067 for General Fund Project 08058 Healthy Families Highlands Closure with a fiscal impact of $32,144.00. See Budget Amendment 2011 file, Res. Book 23 Page 297 & SMB 85 Page 64.

Item 7F was pulled from the consent agenda to be approved separately.

F. Request approval of Resolution & Budget Amendment 10-11-056 for Project Roll Forward Infrastructure Surtax Fund and Impact Fee Parks & Recreation Lake Placid Fund Adjustments with a fiscal impact of $ 245,412.01(decrease).

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve item 7F with the exception of the activity related to account #09078. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 298-299 & SMB 85 Page 65.

8. ACTION:

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Development Services Director with Lt. Col. Charles “Buck” MacLaughlin, Commander, Avon Park Air Force Range: Request for acceptance of the Avon Park Air Force Range (APAFR) Joint Land Use Study (JLUS).

Mark Hill, Development Services Director, Pat Steed, Executive Director of the Central Florida Regional Planning Council, and Lt. Col. Charles MacLaughlin, Commander of the Avon Park Air Force Range, gave a brief power point presentation on the Joint Land Use Study. Public input was received from John Drazinski and John Drennan.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to accept the Avon Park Air Force Range Joint Land Use Study and to direct staff to consider the recommendations in future plans and Land Development Regulations and to authorize the Chair to sign the letter to Daniel L. Glasson recognizing the importance of the Joint Land Use Study.

Upon roll call, all Commissioners voted aye. The motion carried. See Avon Park Air Force Range file.

021511REG BOOK 21 PAGE 837

B. Development Services Director with Lt. Col. Charles “Buck” MacLaughlin, Commander, Avon Park Air Force Range and Pat M. Steed, Executive Director, Central Florida Regional Planning Council:

1. Request approval of a 2011 Defense Infrastructure Grant (DIG) Agreement between Enterprise Florida, Inc. and Highlands County, Contract number DIG 11-05, authorizing state funds for up to $500,000.00 to be disbursed for the “Encroachment Prevention and Sustainability of Avon Park Air Force Range”.

Mark Hill, Development Services Director, Pat Steed, Executive Director of the Central Florida Regional Planning Council, and Lt. Col. Charles MacLaughlin, Commander of the Avon Park Air Force Range, presented the request. The Commission addressed their comments and concerns. Ross Macbeth, Board Attorney, addressed the land acquisitions. Public input was received from Bill Youngman and John Nelson.

Recessed at 10:30 p.m. to begin the Executive Session behind closed doors.

10:30 a.m. Executive Session: Concerning Case No. GC 09-13, Preston H. Colby vs. the Board of County Commissioners, of Highlands County, Florida.

Commissioner Stewart read the notice that was published in the newspaper to advertise the Executive Session and listed the persons who will be attending: Commissioners Barbara A. Stewart, Don Elwell, R. Greg Harris, and Jack L. Richie, County Attorney J. Ross Macbeth, and Robin Gonzalez, certified court reporter. The Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file.

Commissioner Stewart announced the termination of the Executive Session and reconvened the meeting at 10:58 a.m.

Break: 10:58 a.m. to 11:05 a.m.

(Continuation of item 8B1)

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to accept the 2010-2011 Defense Infrastructure Grant (DIG) Agreement between Enterprise Florida, Inc. and Highlands County, contract #DIG 11-05, authorizing state funds for up to $500,000.00 to be disbursed for the “Encroachment Prevention and Sustainability of Avon Park Air Force Range”; and move to approve the Planning Advisory Services Agreement with the Central Florida Regional Planning Council, authorizing $95,000 for performance of grant activities.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Stewart requested a motion to utilize Conservation Trust Fund money up to $450,000 for land acquisition activities at 100% reimbursable.

Commissioner Richie moved and Commissioner Harris seconded the motion as requested by Commissioner Stewart.

Upon roll call, all Commissioners voted aye. The motion carried. See Enterprise Florida, Inc. file & Central Florida Regional Planning Council file.

021511REG BOOK 21 PAGE 838

2. Request approval of a 2011 Defense Infrastructure Grant Agreement between Enterprise Florida, Inc. and Highlands County, Contract number DIG 11-11, authorizing expenditure of state funds for up to $165,00.00 to be used for a Noise Study for the Avon Park Air Force Range.

Mark Hill, Development Services Director, Pat Steed, Executive Director of the Central Florida Regional Planning Council, and Lt. Col. Charles MacLaughlin, Commander of the Avon Park Air Force Range, presented the request. Public input was received from Bill Youngman.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to accept the 2010-2011 Defense Infrastructure Grant, contract #DIG 11-11, authorizing the expenditure of state funds for up to $165,000 to be used for a Noise Study for the Avon Park Air Force Range and approve associated Budget Amendment #10-11-063 and Resolution; and also move to approve the Planning Advisory Services Agreement with the Central Florida Regional Planning Council.

Upon roll call, all Commissioners voted aye. The motion carried. See Enterprise Florida, Inc. file, Central Florida Regional Planning Council file, Budget Amendment 2011 file & Res. Book 23 Page 300.

C. County Engineer:

1. Presentation and discussion regarding ownership of Placid Utilities Water/Wastewater Systems and Highway Park Utilities System.

Ramon Gavarrete, County Engineer, and Bob Diefendorf, Transportation/Utilities Project Manager, gave a brief power point presentation on the Placid Utilities Water/Wastewater Systems and Highway Park Utilities System. Chairman Stewart stated that the purpose for this presentation was to receive input from the County’s customers. The Commission addressed their comments and concerns. Commissioner Richie entered a signed petition letter into the record.

Public input was received from Rev. Leroy McGahee, Dick Noel, Vincent Hill, Bill Youngman, Lois Krebs, Susan Shimanuki, John Bokman, Shelagh Byatt, Bette Tiernan, Berylene Wagner, and Frank Branch, Jr., in opposition to the County transferring ownership of the Highway Park Utilities and Placid Utilities Water/Wastewater systems to the Town of Lake Placid. Ms. Krebs entered a petition of opposition signed by 140 customers into the record. Ms. Wagner entered a Resolution of the Lake Placid Town Council into the record.

Mr. Gavarrete read the annexation section from the Greater Lake Placid Planned Vision Overlay (GLPPVO). Commissioner Stewart stated that the annexation talks about a water and wastewater agreement with a time period of October 1, 2011 outlining the basics of the process.

Bert Harris, Counsel for the Lake Placid Town Council, briefly addressed the Board in regards to the Town’s interest in acquiring the utilities and requested a meeting date to bring a presentation to the Board. After discussion, it was a consensus of the Board to have County staff set up a meeting with the Town of Lake Placid. See SMB 85 Page 66.

Lunch Break: 1:12 p.m. to 2:02 p.m.

021511REG BOOK 21 PAGE 839

2. Presentation on Highlands County’s Recycling Program and opportunities for private/public partnership.

Ramon Gavarrete, County Engineer, gave a brief power point presentation on the County’s Recycling Program opening up discussion for opportunities for private/public partnerships and presented several recycling options made available by the County’s current solid waste collector, Choice Environmental Services, Inc. The Commission addressed their comments and concerns in great detail. Chairman Stewart questioned the Commission if they preferred to seek a recycling partnership with a private entity or keep the County’s Recycling Program. The Commission came to a consensus to involve the private sector.

Commissioner Richie suggested that the Board listen to what Choice Environmental Services, Inc. had to offer and then go from there. Jim Wheatley, with Choice Environmental, addressed the Board on their offer. Mark Talbott, General Manager of Republic Services, addressed the Board. Loretta Thompson, representing Choice Environmental, stated that the current contract with Choice Environmental speaks to the fact that pick up days could be altered because of mandatory recycling and addressed Section 9 of Chapter 403.706 of the Florida Statutes. Ms. Thompson stated that her client is willing to negotiate with the County for the collection of recyclables. Ross Macbeth, Board Attorney, addressed the contract with Choice Environmental and stated there would not be a change in rate or a re-negotiation of a contract if Choice Environmental would change one of their pick up days to a recycling day, as long as the pick up days and the equipment used stayed the same.

Public input was received from Berry Campbell, John Drennan, John Griffin, Bill Youngman, and Dick Noel.

After discussion, the Commission gave direction to Mr. Gavarrete to create an RFP and present the preliminaries to the Board. See SMB 85 Page 67.

Break: 4:10 p.m. to 4:20 p.m.

D. Community Programs Director:

1. Request to approve by Resolution a Technical Revision to the Highlands County Hurricane Housing Recovery Assistance Plan (HHAP), as last revised on November 20, 2006.

Mary Foy, Community Programs Director, and John Hawthorne, Executive Director of Highlands County Habitat for Humanity, presented the request. The Commission addressed their comments and concerns. Public input was received from Bill Youngman and John Drennan. Mr. Hawthorne stated for the record that the County was in danger of loosing the $575,000 and they asked Habitat for Humanity to take on this partnership project.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Resolution to accept the technical revisions of the HHAP Not-For-Profit Homeowners Partnership Strategy requiring construction and occupancy of at least 12 units by June 30, 2011.

Upon roll call, all Commissioners voted aye. The motion carried. See Hurricane Housing Assistance Plan file & Res. Book 23 Page 301.

021511REG BOOK 21 PAGE 840

2. Request approval of Resolution & Budget Amendment 10-11-059 to roll forward funds for Projects 06052, 07064, and 08053, and close out Project 05056 for the State Housing Initiatives Program (SHIP) Fund with a fiscal impact of $684,694.00.

Mary Foy, Community Programs Director, and Bernis Gainer, Director of Office of Management and Budget, presented the request. After discussion, the Commission came to a consensus to pull the item and bring it back to the Board next week. See SMB 85 Page 68.

E. Board Attorney:

1. Request approval of amendments to the County Administrator Contract.

Ross Macbeth, Board Attorney, presented the request and addressed amendments to the County Administrator contract.

On Paragraph 6b (TERMINATION BY THE COUNTY), the reference to accrued and unpaid vacation and unpaid sick leave was deleted from the first sentence to read as follows:

Should a majority of the Board of County Commissioners vote to terminate the services of HELMS “without cause”, then within forty-five (45) calendar days following that vote, the COUNTY shall cause HELMS to be paid any accrued and unpaid salary, any accrued and unused paid time off, and the payment for accrued sick leave determined pursuant to subparagraph g of paragraph 4 of this Agreement.

On Paragraph 7 (TERMINATION BY HELMS) a similar change was made and the last sentence will read as follows:

The COUNTY shall cause HELMS to be paid any accrued and unpaid salary, any accrued and unused paid time off, and the payment for accrued sick leave determined pursuant to subparagraph g of paragraph 4 of this Agreement, up to HELMS’ final day of employment, and the COUNTY shall have no further financial obligation to HELMS pursuant to this Agreement or otherwise.

On Paragraph 8e (Death) the reference to accrued and unpaid vacation and unpaid sick leave was deleted and, beginning from the fifth line on that paragraph, the phrase shall now read:

…shall pay to HELMS’ estate any accrued and unpaid salary, any accrued and unused paid time off, and the payment for accrued sick leave determined pursuant to subparagraph g of paragraph 4 of this Agreement,…

Mr. Macbeth suggested that the commencement date be February 21, 2011, at 12:01 a.m. and continue through February 20, 2013, at 11:59 p.m.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the contract with Mr. Helms with the amendments as presented.

Chairman Stewart stated that she is very supportive of Mr. Helms but does not agree with the compensation package that was provided in the agreement and would be voting against the motion.

Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. The motion carried. See County Administrator file.

021511REG BOOK 21 PAGE 841

2. Request approval of a Resolution designating Highlands County as a Rural Area of Critical Economic Concern (RACEC) County.

Ross Macbeth, Board Attorney, presented the request and read the caption of the Resolution into the record.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Resolution of the Board of County Commissioners of Highlands County, Florida, expressing its support that the designation of Rural Area of Critical Economic Concern (RACEC) continue to apply to the South Central Florida Region incorporating Desoto, Highlands, Glades, Okeechobee, Hendry, and Hardee Counties (including the cities, towns and communities within each), the cities of Belle Glade, Pahokee, South Bay, and the community of Immokalee; and, that all Enterprise Zones in these counties and communities continue to exist; and the continuation of all staffing grant funding for Florida’s Heartland REDI, Inc., through Enterprise Florida, and providing for an effective date.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 302.

3. Request approval of seven (7) Deeds pertaining to the release of the reversionary interest to all purchasers of lots within Mason’s Ridge.

Ross Macbeth, Board Attorney, presented the request and stated that the executed deeds will be sent to Mr. Mark Breed with a letter directing that he hold the deeds in escrow and record them when the sale of the lots to the homeowners is closed.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the seven (7) deeds releasing the reversionary interest to all purchasers of lots 1 through 7 within Mason’s Ridge.

Upon roll call, all Commissioners voted aye. The motion carried. See Mason’s Ridge file.

F. Acting County Administrator: No report.

9. PUBLIC HEARING: Public Hearing to consider a Resolution to vacate the ten-foot wide Utility & Drainage Easement located on the East, North and West sides of the following described property: Lot 7, Block 58, Placid Lakes, Section Nineteen, according to the Plat thereof recorded in Plat Book 9, Page 14, 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. Kim Sapp, representing the petitioner, requested a change in the property description. Mr. Gavarrete recommended amending the legal description in the Resolution to read as follows:

Lot 7, Block 58, Placid Lakes, Section Nineteen, according to the Plat thereof recorded in Plat Book 9, Page 14, of the Public Records of Highlands County, Florida, less the West 10 Feet of the South 20 Feet.

Public input was received from Bill Youngman.

021511REG BOOK 21 PAGE 842

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the amended Resolution for Lot 7, Block 58, Placid Lakes, Section Nineteen, to be vacated, abandoned, discontinued, and closed, and all rights of the County and the Public in and to the section of the easements and any lands in connection therewith be and they are hereby renounced and disclaimed.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 303 & SMB 85 Page 69.

10. CITIZENS NOT ON THE AGENDA

Dick Noel commented on the tax abatement and sugar gas.

John Drennan commented on car counters. Ramon Gavarrete, County Engineer, addressed the issue and stated that car counters are part of the concurrency program.

11. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie commented on the Placid Lakes Homeowners Association meeting that he attended last night and stated that he will be attending the booths at the County fair for the Republican Party and the County.

¾ Commissioner Elwell: Commissioner Elwell thanked everyone that participated in the meeting today.

¾ Commissioner Harris: Commissioner Harris echoed Commissioner Elwell’s comments and stated that he has the honor of attending the World War II - 83rd Infantry on Saturday to give out an award.

Commissioner Harris announced that the Sebring Airport Authority will meet on Thursday, February 17, 2011 at 1:00 p.m.

¾ Commissioner Stewart: Commissioner Stewart commented on the Central Florida Regional Planning Council meeting that she attended last week.

12. ADJOURN

The meeting adjourned at 5:28 p.m.

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REGULAR MEETING OF THE BOARD, FEBRUARY 22, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, J. Ross Macbeth, Jerome Kaszubowski, and Pamela Nava.

2. Invocation and Pledge of Allegiance

The meeting opened with a prayer by Tom Macklin. The Pledge of Allegiance was led by Chief Mike Rowan, of the Avon Park Police Department.

3. ANNOUNCEMENTS

Feb. 22 11:00 am Special Emergency Executive Committee meeting of 2113 US 27 S., Sebring, FL. the Industrial Development Authority/Economic Development Commission Feb. 23 9:30 am Affordable Housing Advisory Committee Engineering Training Room, 501 S. Commerce Ave., Sebring, FL. Feb. 23 10:00 am Children’s Services Council of Highlands County 1968 Sebring Parkway, Sebring, FL. Special Events Committee Feb. 23 4:00 pm Natural Resources Advisory Commission - Cancelled Feb. 24 1:15 pm Highlands County Hospital District Board Board Room, 600 S. Commerce Ave., Sebring, FL.

A. Other meetings: No other meetings announced.

4. CLERK:

Jerome Kaszubowski, Deputy Clerk for the Clerk of Courts, stated that the Clerk’s Internal Audit Department has released the Purchasing Card continuous audit for the 4th quarter of 2010 and the Cell Phone continuous audit for the 1st, 2nd, and 3rd quarters of 2010. The audits can be accessed through the Clerk of Courts website.

5. CONSTITUTIONAL OFFICERS: A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA:

Ricky Helms, County Administrator, stated that he presented new information to the Board for their consideration pertaining to item 7C and requested that it be moved to the action agenda under 8E. Public input was received from Preston Colby pertaining to item 7B under the Commissioners section where Commissioner Elwell questioned if it would be fruitful to conduct a full audit on the attorney billings. Chairman Stewart read an excerpt from the

022211REG BOOK 21 PAGE 844

minutes where Bob Germaine, Clerk of Courts, states that an audit has been completed and suggests contacting the audit director to find out the scope of the audit. Commissioner Elwell stated that he will meet with Heather Woods, Audit Director, and come back with a report.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda, moving item 7C to 8E under the County Administrator.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits February 22, 2011. See Check Report 2011 file.

GENERAL FUND 179,813.87 COUNTY TRANSPORT TRUST 16,687.87 INTERGOVT RADIO COMMUNICA 223.11 FL BOATING IMPROVEMENT 1,049.76 LOCAL GOVT INFRA SURTAX 112,195.97 TOURIST DEV TRUST FUND 624.00 SEBRING PARKWAY MAINT 92.45 STATE COURT FACILITIES TF 1,116.72 COURT TECH 28.24 (12) (E) 1 202.92 SOLID WASTE 6,609.46 PLACID UTILITIES 2,271.38 HIGHWAY PARK UTILITY 418.53 TAX DEED SURPLUS FUND 62,343.83

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for February 8, 2011. See Clerk of Courts website.

C. Request approval of Budget Amendment 10-11-072 for the Human Resources Software Upgrade with a fiscal impact of $7,500.00. (This item was moved to the action agenda as item 8E1.)

8. ACTION:

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as amended, moving item 7C to item 8E1.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Paul McGehee, Chairman of Industrial Development Authority/Economic Development Commission: Request to appoint five members to the Industrial Development Authority Board.

Ronnie Carter, with the Industrial Development Authority/Economic Development Commission (IDA/EDC) presented the request and stated that the IDA/EDC recommend to re-appoint Luther “Red” Bohanon, Paul McGehee, and Wade Taveniere, and to appoint Frank Bagala and Timothy Texley to the Industrial Development Authority Board.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to appoint Luther “Red” Bohanon, Paul McGehee, Wade Taveniere, Frank Bagala, and Timothy Texley, to the Industrial Development Authority Board.

022211REG BOOK 21 PAGE 845

Public input was received from Dick Noel and John Drennan.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See SMB 85 Page 71.

B. Julie Fowler, NCT Group: Presentation of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending September 30, 2010.

Julie Fowler, with the NCT Group, gave a brief presentation on the Comprehensive Annual Financial Report (CAFR) for fiscal year ending September 30, 2010. Ms. Fowler stated that the audit findings and management letter will be presented at a future date. The Commission addressed their comments and concerns.

Public input was received from Preston Colby and John Drennan.

Commissioner Richie stated for the public that the item was informational and no action would be taken. Ms. Fowler addressed the incompleteness of the report. Ricky Helms, County Administrator, stated that the final report will be presented to the Board on March 8, 2011. The Commission thanked Ms. Fowler for the presentation. Ms. Fowler thanked Mr. Helms, the Budget staff, the Clerk’s Office and Tasha Morgan for all their cooperation and courtesy. See SMB 85 Page 72.

C. Community Services Division Director: Request approval of the proposed municipal parks and recreation funding for Fiscal Year 2010-2011; adoption of the proposed funding allocation method for Fiscal Year 2011-2012 and subsequent years; an amendment of the current interlocal agreements between Highlands County and each municipality to allow for a user fee differential for residents of other municipalities and the unincorporated County.

June Fisher, Community Services Division Director, Mark Hill, Development Services Director, Vicki Pontius, Parks & Recreation Director, Jessica Prescott and Don Hanna, with the Planning Department, presented the request. Ms. Prescott briefly presented the proposed funding distribution for FY 10-11 of $560,674.00, which was based on the percentage of each municipality’s share of the total reported costs.

Commissioner Richie suggested a method based on the total of $560,674.00, which would allot Lake Placid a total of $163,400 and Avon Park and Sebring would each receive a total of $198,637.00.

Commissioner Elwell suggested allocating the same amounts that each municipality expended in FY 09-10, a total of $471,182.58, which would save the County about $90,000.

Scott Noethlich, City Administrator for the City of Sebring, Maria Sutherland, Project Manager with the City of Avon Park, and Ray Royce, Vice Mayor for the Town of Lake Placid, each addressed the Board on their request.

Chairman Stewart opened the floor to the public on the distribution of funds. Input was received from John Drennan, Preston Colby, Dale Wilson, Chris Tolar, Gabriel Read, Laura

022211REG BOOK 21 PAGE 846

Teal, John Griffin, Bill Brantley, Marlene Barger, Dawn Miller, Jerry Kingsbury, Michael Berry, Clay Gooch, Kevin Shutt, Dick Noel, and Berry Foster.

Commissioner Harris suggested allocating more funds for Avon Park. Commissioner Stewart suggested following the staff’s recommendations. The Commission discussed several options in great detail. Option 1 would be allocating $157,060.86 to each municipality for a total of $471,182.58. Option 2 would be allocating the same amounts as in FY 09-10. Option 3 would be allocating $163,400 to Lake Placid, $198,637.00 for Avon Park, and $198,637.00 for Sebring for a total of $560,674.00.

Ms. Sutherland addressed the Board.

Commissioner Elwell gave a new recommendation of allocating $190,000 to Sebring, $180,000 to Avon Park, and $130,000 to Lake Placid for a total of $500,000; and put the recommendation into a motion. Commissioner Harris seconded the motion.

Mr. Royce and Mr. Noethlich addressed the Board on the motion.

Upon roll call, all Commissioners voted aye, except Commissioner Richie, who voted nay. The motion carried.

Break: 8:42 p.m. to 9:03 p.m.

Ms. Fisher addressed the allocation method used and stated that staff was looking for direction or a consensus of the Board to have them meet with each municipality to share the information provided and gather a consensus from all municipalities. The Commission gave direction to staff to meet with each municipality.

Mr. Noethlich suggested that the Board appoint a committee to look at the potential long-term funding solutions for recreation. Public input was received from John Lang, Preston Colby, Paul Miller, Jan Grove, John Drennan, Bill Brantley, Marlene Barger, Michael Berry, Tom Macklin, and Clay Gooch.

Ms. Fisher addressed the request to amend the current interlocal agreement to allow for a user fee differential.

Public input was received from Preston Colby, Tom Macklin, Bill Youngman, Kevin Shutt, Michael Berry, John Drennan, and Berry Foster.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to amend the current interlocal agreements between the County and each municipality to allow for a user fee differential for residents of other municipalities and the unincorporated County.

Upon roll call, all Commissioners voted aye. The motion carried.

After discussion with Ross Macbeth, Board Attorney, Commissioner Richie restated his motion, to move to amend the current interlocal agreements between the County and each

022211REG BOOK 21 PAGE 847

municipality to allow for a user fee differential for residents of other municipalities and the unincorporated County. Commissioner Elwell seconded the motion.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 73.

D. Board Attorney: Discussion of Department of Administrative Hearings (DOAH) Disclosure Letter from Bryant Miller Olive, Attorneys at Law.

Ross Macbeth, Board Attorney, presented a Disclosure and Consent to Representation by Bryant Miller Olive of 7L Lake Placid (Lykes Brothers) in support of Highlands County in the DOAH Case - Department of Community Affairs vs. Highlands County and Lake Placid Groves, LLC and 7L Lake Placid, LLC. Mr. Macbeth recommended that the Board approve the consent.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to consent to the representation of Lykes Brothers.

Upon roll call, all Commissioners voted aye. The motion carried. See Bryant Miller Olive file.

Mr. Macbeth presented a letter from Wells Fargo Bank relating to an escrow established so that the lender would be assured that the insurance money received would be used to rebuild a home. Wells Fargo Bank is the superior lien holder and the County holds a second mortgage as a result from one of the Housing programs. Wells Fargo is requesting that the County endorse the check.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move that Highlands County endorse the check to Wells Fargo and authorize the Chairman to sign.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 85 Page 74.

E. County Administrator:

1. Request approval of Budget Amendment 10-11-072 for the Human Resources Software Upgrade with a fiscal impact of $7,500.00.

Ricky Helms, County Administrator, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment 10-11-072 for the Human Resources software upgrade with a fiscal impact of $7,500.00.

Public input was received from John Drennan and Preston Colby.

Ross Macbeth, Board Attorney, addressed the comments made by Mr. Colby and stated that he felt comfortable with the action taken today.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 85 Page 75.

022211REG BOOK 21 PAGE 848

9. CITIZENS NOT ON THE AGENDA

¾ Corrie Brakefield came before the Board to request a lien reduction on a property he purchased through a tax deed sale. The Commission stated that this request was already denied by the Commission on February 1, 2011 and could not grant his request.

¾ John Nelson, on behalf of the Highlands Tea Party, presented a book to the Commission. Chairman Stewart stated that the Commission would accept the books on behalf of the County and then would donate them to the libraries.

¾ Bill Youngman commented on illegal no-wake zone signs. Chairman Stewart requested that Ricky Helms, County Administrator, get with Mr. Youngman and follow through on this item.

¾ Preston Colby briefly addressed the no-wake zone signs. Mr. Colby also stated that there are no rules and procedures before the Commission pertaining to the public meetings and requested that the Commission develop rules and procedures that are uniformly accepted.

10. COMMISSIONERS:

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell thanked everyone for being here tonight.

¾ Commissioner Harris: No report.

¾ Commissioner Stewart: No report.

11. ADJOURN

The meeting adjourned at 10:40 p.m.

022211REG BOOK 21 PAGE 849

REGULAR MEETING OF THE BOARD, MARCH 1, 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 R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Stewart. The Pledge of Allegiance was led by Commissioner Harris.

3. ANNOUNCEMENTS

Mar. 1 3:00 pm Highlands Soil & Water Conservation District Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, Fl. Mar. 1 7:00 pm Construction Licensing, Enforcement & Appeals Board room, 600 S. Commerce Ave., Board Sebring, Fl. Mar. 3 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring, Fl.

A. Other meetings:

¾ The Sebring Centennial will meet on Thursday, March 3, 2011 at 4:00 p.m. at the Sebring Civic Center.

¾ The American Party of Florida will meet on Thursday, March 3, 2011 at 7:00 p.m. at Beef O’Brady’s in Sebring to discuss the Highlands County Housing Program.

Chairman Stewart read the Pledge of Civility from a Proclamation that was approved by the Board in 2000.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: Request for approval of Change Order increasing the space for dispatch in Project 09041 Jail Renovations.

Sheriff Susan Benton and Warren Hall, with Electronic Maintenance & Communications, Inc., presented the request and presented proposals 1 and 2 for the equipment relocation project. Ramon Gavarrete, County Engineer, addressed the Board on the proposal. Bernis Gainer, Director of Office of Management and Budget, addressed fund 09078 for county buildings. The Commission discussed the proposals and addressed their concerns.

Public input was received from Dick Noel, Dale Wilson, and Joe Eck.

Commissioner Harris made a motion to approve the concept and bring back the expenditures next week. The motion died for lack of a second.

030111REG BOOK 21 PAGE 850

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Sheriff’s Office HVAC and Electrical Renovations Project #09041 – Proposed Dispatch/911 Area change order, including proposal #2 for the equipment relocation project as presented, subject to a budget amendment; including potential revenue sources from the Radio Communication fund, the 09078 – buildings fund, Law Enforcement Impact Fees fund, Corrections Impact Fees fund, the 911 fund, Project 09041 remaining- monies, and the Sheriff’s budget reductions.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 1.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Administrative Services Director:

1. Presentation of Years of Service Awards.

Jed Secory, Administrative Services Director, presented awards to Sandra Butler and Harold Roebuck for their 20+ years of service to Highlands County. See SMB 86 Page 2.

2. Request approval of a Proclamation recognizing March 2011 as “Purchasing Month”.

Gerald Secory, Administrative Services Director, presented the request and read the Proclamation into the record.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the Proclamation to proclaim and recognize the month of March 2011 as Highlands County Board of County Commissioners Purchasing Month.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 305.

Chairman Stewart addressed a letter that she wrote to the Secretary of the United States Department of Agriculture to express their general support for Vercipia Biofuels’ proposed cellulosic biofuels project and requested the Commission’s approval to send the letter and sign it as the Chairman of the Board. See SMB 86 Page 3.

7. CONSENT AGENDA:

Commissioner Richie stated that he received a letter from Lois Krebs requesting two corrections on item 7B - minutes from the February 15, 2011 and provided the letter to the Clerk to become part of the permanent record. See SMB 86 Page 3A.

Commissioner Harris requested a brief explanation on item 7C. Mike Swaine, representing the Health Facilities Authority, addressed his request and briefly commented on the audit.

030111REG BOOK 21 PAGE 851

Commissioner Stewart questioned item 7L. Mary Myers, Library Director, addressed her questions. Commissioner Stewart requested that 7L be pulled from the consent agenda to be voted on separately.

Public input was received from John Nelson.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda as amended, with the exception of item 7L. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 1, 2011. See Check Report 2011 file.

GENERAL FUND 2,940,748.80 COUNTY TRANSPORT TRUST 4,825.11 E911 OPERATIONS FUND 68,037.91 INTERGOVT RADIO COMMUNICA 1,109.60 LOCAL GOVT INFRA SURTAX 68,226.55 TOURIST DEV TRUST FUND 383.58 AFFORDABLE HOUSING ASST 15,000.00 SPECIAL LAW ENFORCEMENT 9,500.00 SEBRING PARKWAY MAINT 516.57 STATE COURT FACILITIES TF 985.42 LEGAL AID TRUST FUND 3,638.29 BUILDING FUND 3.85 SOLID WASTE 197,679.93 PLACID UTILITIES 5,135.19 HIGHWAY PARK UTILITY 1,471.28 ENERGY RECOVERY 36,519.99 EMPLOYEE BENEFIT FUND 4.65

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for February 15, 2011. See Clerk of Courts website.

C. Request to accept into the record the Health Facilities Authority’s Financial Statements for FY ending 09/30/2010. See Health Facilities Authority file.

D. Request approval to appoint Flint Johns as a regular representative of the Range Agriculture category on the Istokpoga Management Committee. See SMB 86 Page 4.

E. Request approval of a Release of Notice of Nuisance on Case Number CE9798-078, 159 E. A. Smith Avenue, Lake Placid, FL 33852. See Subdivision file.

F. Request approval of a Partial Release of Lien on Case Number CE 10070173, 916 Krouse Street, Sebring, FL 33875. See Subdivision file.

G. Request approval of a Satisfaction of Lien on Case Number CE 05090116, 4008 Briaridge Circle East, Sebring, FL 33870. See Subdivision file.

H. Request approval of a Satisfaction of Lien on Case Number CE 08030036, 3210 Grayce Street, Sebring, FL 33875. See Subdivision file.

030111REG BOOK 21 PAGE 852

I. Request approval of a Satisfaction of Lien on Case Number CE 08090237, 6494 Placid Lakes Boulevard, Lake Placid, FL 33852. See Subdivision file.

J. Request approval of a Satisfaction of Lien on Case Number CE 09060075, 1523 Walnut Avenue, Lake Placid, FL 33852. See Subdivision file.

K. Request approval of a Satisfaction of Lien on Case Number CE 10100122, 2330 West Bandra Road, Avon Park, FL 33825. See Subdivision file.

L. Request approval of Resolution & Budget Amendment 10-11-074 reflecting donations made to the Libraries and adjusting Project 07040 Accounts with a fiscal impact of $1,040.25. (This item was pulled to be approved separately from the consent agenda.)

7L. Request approval of Resolution & Budget Amendment 10-11-074 reflecting donations made to the Libraries and adjusting Project 07040 Accounts with a fiscal impact of $1,040.25.

Commissioner Elwell addressed several questions to Ms. Myers pertaining to the coffee and cappuccino machines. Ms. Myers addressed his questions. The Commission addressed their comments and concerns.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-074 and its associated Resolution.

Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 306 & SMB 86 Page 5.

8. ACTION:

Ricky Helms, County Administrator, requested an additional item be added under County Administrator as Direction on an Information Request.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as amended, adding item 8D-5 – Direction on information requests. Upon roll call, all Commissioners voted aye. The motion carried.

Break: 10:30 a.m. to 10:41 a.m.

A. Board Attorney and Mr. Tommy Todd, Glades Electrical Cooperative: Discussion concerning structuring of Ordinances.

Tommy Todd, General Manager and Chief Executive Officer of Glades Electrical Cooperative, addressed the process used to create Ordinances for the Board’s consideration and the consequences of that process. Mr. Todd based his remarks on the Ordinance adopted by the Board to avoid abandoned towers throughout the county and stated that Glades Electric has been attempting to get a permit to locate a tower on a property owned south of Lake Placid and have received a letter from their consulting engineer informing them that they would have to put up an irrevocable letter of credit in excess of $28,000 so the funds would be there to dismantle the tower in case that Glades Electric moved or went out of business. Mr. Todd stated that he has been in contact with June Fisher, Community Services

030111REG BOOK 21 PAGE 853

Division Director, and has received information on the issue. Mr. Todd requested that the Commission take a look at the way Ordinances are written in Highlands County. Ross Macbeth, Board Attorney, addressed the issue.

Public input was received from Preston Colby.

The Commission addressed their comments and concerns and gave direction to Ricky Helms, County Administrator, and Mr. Macbeth to review the Ordinance.

B. County Extension Director: Presentation on Extension Services and budget discussion.

Mike Jenson, County Extension Director, gave a brief presentation on the services provided by the Extension Office. The Commission addressed their concerns about the Extension’s budget. Commissioner Stewart stated that she would like to take a look at the effect of eliminating the 100% County-funded Urban Horticulturalist and see if the Commercial Horticulturalist can take over those responsibilities. Commissioner Richie stated that he would like staff to analyze the possibility of joining together the Extension Services with the Soil & Water Conservation District.

Public input was received from Bob Hummel, Ray Royce, Mike Waldron, Gary Ritter, and John Drennan.

Commissioner Stewart commented on the Livestock Agent position and addressed the possibility of being able to acquire private grants to help defray some of the costs in the department. The Commission thanked Mr. Jenson for the presentation. See SMB 86 Page 6.

Break: 12:07 p.m. to 12:34 p.m.

C. Board Attorney: No report.

D. County Administrator:

1. Discussion on in house versus out house board attorney.

Commissioner Stewart stated that this item was a professional discussion of the pros and cons of an in-house attorney versus a private outside attorney. The Commission addressed questions to Ross Macbeth, Board Attorney. Mr. Macbeth addressed their concerns.

After discussion, the Commission addressed their comments towards the experience and knowledge provided by Mr. Macbeth.

Public input was received from Preston Colby, John Joiner, John Drennan, Dick Noel, Tommy Todd, and Joe Eck.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to continue the services of Ross Macbeth, Board Attorney, and the outside attorney roll.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 7.

030111REG BOOK 21 PAGE 854

2. Request approval of Resolution & Budget Amendment 10-11-068 for Workers’ Compensation insurance adjustments increasing the Solid Waste Fund Reserve for Contingency with a fiscal impact of $15,385.00.

Ricky Helms, County Administrator, and Bernis Gainer, Director of Office of Management and Budget, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment 10-11-068 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 307 & SMB 86 Page 8.

3. Request approval of Resolution & Budget Amendment 10-11-069 for a Health insurance adjustment decreasing the Reserve for Contingency for General, Transportation Trust and Solid Waste Funds with a fiscal impact of $141,665.00.

Bernis Gainer, Director of Office of Management and Budget, presented the request. Public input was received from John Drennan.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-069 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 308 & SMB 85 Page 9.

4. Request approval of Resolution & Budget Amendment 10-11-075 to roll funds forward for projects 04080, 08034, 06013, 06051, 08031, and 09018 with a fiscal impact of $18,204.48.

Ricky Helms, County Administrator, and Bernis Gainer, Director of Office of Management and Budget, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-075 and Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 309 & SMB 85 Page 10.

5. Direction on Information Request.

Ricky Helms, County Administrator, pulled the item and will bring it back at a later time.

9. CITIZENS NOT ON THE AGENDA

¾ John Joiner commented on his idea to bring new revenue sources to the County by opening up the Harder Hall Hotel and Casino and stated that he would also take his idea to the City of Sebring.

¾ Bill Youngman stated that they will have a presentation on the Affordable Housing Advisory Committee at the next American Party of Florida meeting.

030111REG BOOK 21 PAGE 855

¾ Dale Gillis, President of the Highlands County Audubon Society, commented on developments included in the Comprehensive Plan. Ross Macbeth, Board Attorney, directed that the Commission not get into a dialogue with Mr. Gillis because of the pending litigation. Mr. Gillis presented several questions that Mr. Macbeth wrote down.

¾ Joe Eck commented on the 5th Commission seat and stated that Sun’n Lake has now joined E-Verify and commented on the Sun’n Lake audit.

¾ Preston Colby commented on the NCT auditor billing rates and questioned who negotiated the NCT contract amendment. Mr. Helms and Mr. Macbeth wrote down his questions and stated that they would have to look at the information before they can address or answer his questions. Bob Germaine, Clerk of Courts, stated that he has directed his Audit Department to review the NCT invoices and at the time has not directed to have an audit.

10. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris questioned the meeting on the Tax Abatement. Commissioner Stewart stated that it will be placed on the agenda on March 15, 2011.

¾ Commissioner Richie: Commissioner Richie stated that he will have a meeting with the Soil and Water Conservation District today at 3:00 p.m.

¾ Commissioner Elwell: Commissioner Elwell commented on his meeting with Heather Woods, Clerk’s Audit Director, regarding the audit of the Board Attorney bills. Commissioner Elwell also questioned the March 22nd and March 29th Board meetings. Commissioner Stewart stated that the March 22nd meeting will be held at 9:00 a.m. and the March 29th meeting will be held at 6:00 p.m. Ricky Helms, County Administrator, stated that the meetings have been publicly advertised.

¾ Commissioner Stewart: Commissioner Stewart commented on the Florida’s Heartland Rural and Economic Development Initiative meeting that she attended this week.

11. ADJOURN

The meeting adjourned at 2:30 p.m.

030111REG BOOK 21 PAGE 856

REGULAR MEETING OF THE BOARD, MARCH 8, 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 R. Greg Harris Commissioner Jack L. Richie 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 Ricky Helms, County Administrator.

3. ANNOUNCEMENTS

Mar. 8 3:00 pm Planning & Zoning Commission and the Local Boardroom, 600 S. Commerce Ave., Planning Agency and the Zoning Board of Adjustment Sebring, FL. Mar. 9 7:30 am Industrial Development Authority & the Economic SFCC Boardroom, Building F, 600 W. Development Commission College Drive, Avon Park, FL. Mar. 9 8:00 am Local Mitigation Strategy Working Group Room 2, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL. Mar. 9 9:30 am Highlands County Affordable Housing Advisory Room 3, Bert J. Harris, Jr. Agricultural Committee Center, 4509 George Blvd., Sebring, FL. Mar. 10 1:30 pm Public Hearing of the Highlands County Code Boardroom, 600 S. Commerce Ave., Enforcement Special Magistrate Pamela T. Karlson Sebring, FL Mar. 10 2:30 pm Historic Preservation Commission 501 S. Commerce Ave., Sebring, FL. Mar. 14 9:00 am Highlands County Homeowners Association 3240 Grand Prix Ave., Sebring, FL.

A. Other meetings:

¾ The Leisure Lakes Volunteer Fire Department will have an open house on Saturday, March 12, 2011 from 10:00 a.m. to 2:00 p.m.

¾ The West Sebring Volunteer Fire Department will have an open house on Sunday, March 13, 2011 from 2:00 to 4:00 p.m.

¾ Mr. Helms reminded everyone of the time change on Saturday night.

4. CLERK:

Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts monthly report for February 2011. Mr. Germaine also commented on the Law Library Self-Help program and the services it has to offer at no cost. The Law Library is open from 8:00 a.m. to 5:00 p.m. See SMB 86 Page 14.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

030811REG BOOK 21 PAGE 857

Danny Kushmer, with the Water Management District, commented on the District’s E-Permitting web-based system which allows water-use permitting and environmental resource permitting to be completed online.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA:

Commissioner Elwell questioned item 7C. Mary Myers, Library Director, addressed his concerns. Public input was received from Bill Youngman in regards to item 7E. Ramon Gavarrete, County Engineer, briefly addressed item 7E for clarification.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 8, 2011. See Check Report 2011 file.

GENERAL FUND 259,351.26 COUNTY TRANSPORT TRUST 26,163.92 LOCAL GOVT INFRA SURTAX 19,565.40 TOURIST DEV TRUST FUND 315.00 SEBRING PARKWAY MAINT 2,397.60 STATE COURT FACILITIES TF 7,951.00 COURT TECH 28.24 (12) (E) 1 80.00 SOLID WASTE 59,604.06 PLACID UTILITIES 41.83 HIGHWAY PARK UTILITY 288.95 ENERGY RECOVERY 26,838.08 INSURANCY FUND 246,155.07

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for February 22, 2011. See Clerk of Courts website.

C. Request approval to waive the County’s Two-Step Disposal process, declare indicated lists of Library Materials Surplus, and allow designated materials to be donated to Lake Placid and Sebring Friends of the Library, both Florida Non Profit Corporations. See SMB 86 Page 15.

D. Request approval of a Resolution authorizing the execution and recordation of a County Deed conveying real property to the Florida Department of Transportation (FDOT) for use a road Right-of-Way. See County Deed 2011 file & Res. Book 23 Page 313.

E. Request to approve Project 10051- Sebring Parkway Phase I – Pavement Markings and the associated Budget Amendment 10-11-077 with accompanying Resolution with a fiscal impact of $65,000.00 (increase). See Budget Amendment 2011 file, Res. Book 23 Page 314 & SMB 85 Page 16.

030811REG BOOK 21 PAGE 858

8. ACTION:

Ricky Helms, County Administrator, requested adding the following two items under County Administrator: (1) Budget Amendment 10-11-085 and Resolution for jail renovations as item F1 and (2) Consideration of the Board meeting schedule for April as item F2.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda with the addition of item F1 - Sheriff’s Building renovations - Budget Amendment and Resolution and item F2 - Board meeting schedule for the month of April 2011.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Children’s Services Council Executive Director: Request approval to accept the resignation of Reverend Rubin E. Ancrum from the Children’s Services Council, and appoint Tealy D. Williams to serve a four-year term ending on December 31, 2014.

Jeff Roth, Executive Director of the Children’s Services Council, presented the request. Tealy D. Williams briefly addressed the Board.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to accept the recommendation for appointing Mr. Tealy D. Williams to the Children’s Services Council for a four-year term and accept the resignation, in good standing, of Rev. Rubin E. Ancrum.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 17.

B. Presentations and budget discussions:

1. Mr. Wally Randall: Presentation on the Boys and Girls Club of Highlands County.

Mr. Wally Randall, with the Boys and Girls Club of Highlands County, gave a brief presentation on the services offered by the Boys and Girls Club and commented on their budget. The Commission addressed their comments and concerns. Commissioner Stewart questioned if a request for funds was ever brought up to the School Board. Mr. Randall stated no. Public input was received from John Drennan, Gabriel Read, Dick Noel, and Jeff Roth.

The Commission thanked Mr. Randall for his presentation and Commissioner Stewart suggested that Mr. Randall also contact the School Board to see if any assistance was available. The website for the Boys and Girls Club is www.highlandsbgc.com and Mr. Randall can be reached at (863) 453-0240. See SMB 86 Page 18.

2. Ms. Rhonda Beckman: Presentation on Ridge Area ARC.

Ms. Rhonda Beckman gave a brief presentation on the services offered by the Ridge Area ARC and commented on their budget. The Commission addressed their comments and concerns and thanked Ms. Beckman for her presentation. The website for Ridge Area ARC is www.ridgeareaarc.org and Ms. Beckman can be reached at (863) 452-1295 or at [email protected]. See SMB 86 Page 19.

030811REG BOOK 21 PAGE 859

3. Children’s Advocacy Center Director: Presentation on the Champion for Children Advocacy Center.

Jeff Roth, Director of the Children’s Advocacy Center, gave a brief presentation on the services offered by the Champion for Children Advocacy Center and commented on their budget. The Commission addressed their comments and concerns. Public input was received from John Drennan, Gabriel Read, and Dick Noel. The Commission thanked Mr. Roth for his presentation and commended him for his work. See SMB 86 Page 20.

Mr. Roth announced that on April 5, 2011 the Child Abuse Prevention Month kick-off will take place with a presentation on the Courthouse steps at 8:30 a.m.

10:58 a.m. to 11:00 a.m.

4. Parks and Natural Resources Director: Presentation on Parks and Natural Resources Department.

Vicki Pontius, Director of Parks and Natural Resources, gave a brief presentation on the Parks and Natural Resources Department and commented on the department’s budget. The Commission addressed their comments and concerns. Commissioner Stewart stated that she would like to put a freeze on any vacancies until they get to a point in the budget process that they know which positions they will keep. Public input was received from Bill Youngman, Dick Noel, Dick Rainey, and John Drennan.

Ray Royce, as Executive Director of the Heartland Agriculture Coalition, recommended moving the Environmental Specialist position from the Natural Resources Department to the Extension Services and not fund the other three positions currently in Natural Resources. Commissioner Elwell stated that he would like to get input from Ricky Helms, County Administrator, June Fisher, Community Services Division Director, and Ms. Pontius to see what their thoughts are on the recommendation and on its feasibility.

After discussion, the Commission came to a consensus to have Mr. Helms coordinate with the various agencies and departments to pursue the feasibility of Mr. Royce’s suggestion. The Commission thanked Ms. Pontius for her presentation. See SMB 86 Page 21.

5. Animal Control Director: Presentation on Animal Control Department.

Darryl Scott, Animal Control Director, briefly presented the services provided by the Animal Control Department and commented on their budget. The Commission addressed their comments and concerns. Bob Tullius and Judy Spiegel, with the Highlands County Humane Society, briefly addressed the Board on the adoption services offered by the Humane Society and requested a partnership with Animal Control to become the County’s major adoption center, thus steering Animal Control away from adoptions.

The Commission discussed the possibility of transferring the adoption services from the Animal Control Department to the Human Society and gave direction to Ricky Helms, County Administrator, to pursue this possibility. See SMB 86 Page 22.

Break: 1:15 p.m. to 2:15 p.m.

030811REG BOOK 21 PAGE 860

6. Library Director: Presentation on the Highlands County Library System.

Mary Myers, Library Director, and Laura Andrews, Administrative Secretary, gave a brief presentation on the County Library System and commented on the Library’s budget. The Commission addressed their comments and concerns. Commissioner Elwell suggested that the Library look into the possibility of not requiring children to be present for library card renewals. Public input was received from Ray Royce. The Commission gave direction to Ms. Myers to come back with numbers for total circulation, active library cards, books loaned and to let the Commission know how many people are being served and the cost of that service. The Commission thanked Ms. Myers for her presentation. See SMB 86 Page 23.

C. County Engineer:

1. Discussion on the Impact Fee Review Committee’s current and future functions and responsibilities and an update on the four vacancies to the committee.

Ramon Gavarrete, County Engineer, presented the request. The Commission addressed their comments and concerns and gave direction to Mr. Gavarrete to ask the Committee to meet and discuss whether or not to continue the suspension of impact fees and report their recommendation to the Board. The Commission came to a consensus that they will hear the Committee’s recommendation and at that time will make a decision on impact fees and possibly disband the committee. Public input was received from Dick Noel.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to reappoint Mr. Ray Royce, Mr. Mike Averyt, Mr. Chip Boring, and Mr. Mike Secor, and move to appoint Mr. Rick Ingler to the Impact Fee Review Committee, and waive the policy of committee appointments at this time.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 24.

2. Request for consideration of a resume’ from Rick Ingler for appointment as a regular member to the Impact Fee Review Committee representing the Homeowners Association category.

This request was approved under the previous item. See SMB 86 Page 25.

Break: 3:38 p.m. to 3:48 p.m.

D. Administrative Services Director: Insurance Committee’s recommendation to provide the Board with a presentation regarding research on the feasibility of an Employee Health Care Center (EHCC).

Gerald Secory, Administrative Services Director, John Watson, with Care Here, Robin Riley, with Brown & Brown PRIA, and Jim Carnicella, with the City of Ocoee, gave a brief presentation of the feasibility of an Employee Health Care Center. The Commission addressed their comments and concerns. Ricky Helms, County Administrator, stated that this recommendation is for the Board’s consideration to help control the costs of providing health care for employees and that most of the work and research would be done by the agent of record, Ms. Riley. Mr. Secory presented a revised recommended motion to the Commission.

Maria Sutherland, with the City of Avon Park, addressed the Board in support of the request.

030811REG BOOK 21 PAGE 861

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve seeking insurance plan re-design quotes and the issuance of a Request for Proposal (RFP) for consideration of an Employee Health Care Center for FY 2011-2012.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 26.

E. Board Attorney: No report.

F. County Administrator:

1. Request approval of additional funding for jail Renovations – Budget Amendment 10-11-085 and Resolution – Fiscal Impact - $510,500.

Ricky Helms, County Administrator, presented the request. Commissioner Stewart stated that the Commission was directing staff to put in writing the required documentation to show that this will be the proper use of impact fees. Mr. Helms stated that the Sheriff’s Department has done this and will make sure that it is part of the paperwork for the project.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-085 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 315 & SMB 86 Page 27.

2. Discussion on meetings in April.

Ricky Helms, County Administrator, requested that the Board consider to cancel the meeting of the fourth Tuesday in April.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to not hold the April 26, 2011 Board meeting due to it being Easter week.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried.

9. CITIZENS NOT ON THE AGENDA

No participants.

10. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie briefly stated that he attended his usual meetings and has been enjoying them tremendously.

¾ Commissioner Elwell: No report.

¾ Commissioner Harris: No report.

¾ Commissioner Stewart: No report.

11. ADJOURN

The meeting adjourned at 5:12 p.m.

030811REG BOOK 21 PAGE 862

REGULAR MEETING OF THE BOARD, MARCH 15, 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 R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Harris. The Pledge of Allegiance was Rick Ingler.

3. ANNOUNCEMENTS

Mar. 17 9:00 am Lake Istokpoga Management Committee Room 3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Mar. 17 10:00 am Library Advisory Board Sebring Public Library, 319 W. Center St., Sebring, FL. Mar. 17 5:30 pm Joint Meeting of the Highlands County Board of Lake Placid High School Auditorium, County Commissioners and the Lake Placid Town 202 Green Dragon Drive, Lake Placid, Council to discuss the ownership of the Placid FL Utilities Water/Wastewater Systems & the Highway Park Water System

A. Other meetings:

¾ The Sebring Chamber of Commerce will hold the “Taste of the Race” event on Thursday, March 17, 2011 from 11:00 a.m. to 2:00 p.m. at the Sebring Circle.

¾ The Impact Fee Review Committee will meet on Monday, March 21, 2011 at 2:00 p.m.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS: A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA:

Ricky Helms, County Administrator, requested to move item 7G to the action agenda under County Administrator. Commissioner Stewart questioned if the public was able to view a copy of item 7E. Ramon Gavarrete, County Engineer, stated that a copy of the Highlands County Map and Directory of the Roads and Streets maintained by Highlands County will be available on the Board’s website.

031511REG BOOK 21 PAGE 863

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda with the exception of moving item 7G now becoming action item 8I-1. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 15, 2011. See Check Report 2011 file.

GENERAL FUND 198,001.20 COUNTY TRANSPORT TRUST 30,617.02 INTERGOVT RADIO COMMUNICA 53.78 LOCAL GOVT INFRA SURTAX 15,446.68 TOURIST DEV TRUST FUND 69.92 STATE COURT FACILITIES TF 3,595.23 LEGAL AID TRUST FUND 3,638.29 COURT TECH 28.24 (12) (E) 1 202.92 BUILDING FUND 569.03 IMPACT FEE TRANSP AVON PK 14.35 IMPACT FEE TRANSP LK PLCD 37.13 IMPACT FEE TRANSP SEBRING 92.34 IMPACT FEE P&R AVON PARK 1.40 IMPACT FEE PARKS & REC LP 3.02 IMPACT FEE P&R SEBRING 5.90 IMPACT FEE CORR FACILITY 8.82 IMPACT FEE FIRE 10.01 IMPACT FEE LIBRARIES 3.15 IMPACT FEE LAW ENFORCEMT 2.55 IMPACT FEE EMS 1.17 SOLID WASTE 9,927.58 PLACID UTILITIES 12,818.68 HIGHWAY PARK UTILITY 2,810.73 ENERGY RECOVERY 41,373.46 EMPLOYEE BENEFIT FUND 2,191.56 TAX DEED SURPLUS FUND 5,771.57 HIGHLANDS HOSP PASS THRU 53,750.00

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits Districts for September 21, 2010, and March 1, 2011. See Clerk of Courts website.

C. Request approval to approve a Release of Notice of Nuisance on Case Number CE 9697-100, 1930 Lake Josephine Drive, Sebring, FL 33875. See Subdivision file.

D. Request approval to approve a Release of Notice of Nuisance on Case Number CE 02060008, 1527 Lake Josephine Drive, Sebring, FL 33875. See Subdivision file.

E. Request for approval and recording of the Highlands County Map and Directory of the Roads and Streets Maintained by the Highlands County Road & Bridge Department for 2011. See Official Records or R&B Department file.

F. Request to approve General Fund Project 08007 State Aquatic Plant Control Program Closure and Budget Amendment 10-11-076 and Resolution with a fiscal impact of $252.60 (decrease). See Budget Amendment 2011 file, Res. Book 23 Page 315 & SMB 86 Page 28.

031511REG BOOK 21 PAGE 864

G. Request approval of Budget Amendment 10-11-081 and Resolution Legal Aid Trust Fund with a fiscal impact of $2,907 (increase). This item was moved to the action agenda under County Administrator.

H. Request approval of Budget Amendment 10-11-084 correcting Budget Amendment 10-11-068 with a fiscal impact of $279. See Budget Amendment 2011 file & SMB 86 Page 29.

8. ACTION:

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to set the action agenda with the addition of item I-1 under County Administrator; moving 7G to 8I-1. Upon roll call, all Commissioners voted aye. The motion carried.

A. Ms. Julie Fowler, NCT Group, CPA: Request for acceptance of the External Auditor NCT’s Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2010 into the record with no fiscal impact.

Julie Fowler, with the NCT Group, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Management Discussion and Analysis, along with the management responses to the audit findings and accept the Comprehensive Annual Financial Report for fiscal year ending September 30, 2010 into the record.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 30.

B. Presentations and budget discussions:

1. Development Services Director, Planning Supervisor and Zoning Supervisor: Presentation on the Planning, Zoning and Code Enforcement Departments.

Mark Hill, Development Services Director, gave a brief overview of the organization of the Development Services Department. Don Hanna, Planning Supervisor, gave a brief presentation on the organization and services provided by the Planning Department and commented on their budget. Linda Conrad, Zoning Supervisor, gave a brief presentation on the organization and services provided by the Zoning and Code Enforcement Departments and commented on their budget.

The Commission addressed their comments and concerns. Public input was received from Dale Wilson, Preston Colby, John Drennan, and Ray Royce. The Commission thanked the departments for their presentation. See SMB 86 Page 31.

Break: 10:27 a.m. to 10:37 a.m.

2. Facilities Manager: Presentation on the Facilities Management Department.

David Flowers, Facilities Management Director, gave a brief presentation on the services provided by the Facilities Management Department and commented on the department’s budget. The Commission addressed their comments and concerns. Bob Germaine, Clerk of

031511REG BOOK 21 PAGE 865

Courts, complemented Mr. Flowers and his department for the job well done at the courthouse. Public input was received from Preston Colby and John Drennan. Mr. Colby suggested marking the ramps designated for wheelchairs outside of the Government Center with the international handicap sign on them since a citizen on a wheelchair had an accident due to not seeing where the ramps were located and also suggested designating a smoking area away from the courthouse entrance. Commissioner Stewart questioned why they can’t make it a non-smoking campus. Mr. Germaine stated that it was up to the Commission to make that decision. Mr. Flowers addressed the ramps. Commissioner Stewart gave direction to staff to mark the existing ramps as suggested and to look into scheduling a meeting on the non-smoking issue. The Commission thanked Mr. Flowers for his presentation. See SMB 86 Page 32.

C. Zoning Supervisor and Code Enforcement Officer: Request approval of a Partial Release of Lien on Case Number CE 10050040, 430 West Gobourne Street, Avon Park, FL 33825.

Linda Conrad, Zoning Supervisor, and Clyde Koma, Code Enforcement Officer, presented the request and stated that staff was recommending denial of the request from Mr. Jesse James Hodo, owner of the property. Mr. Hodo addressed the Board on his request.

Commissioner Elwell made a motion to move to approve the satisfaction of lien waving the $1800 daily fine from September 16th to October 4th, bringing the total to, currently $662.73; having that paid within 90 days. The motion died for lack of a second.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to settle this for the amount of $662.00 and it is to be paid at a monthly basis, starting immediately; $50.00 a month until it is paid in full; and that money needs to be paid to the department run by Linda.

Ross Macbeth, Board Attorney, addressed the motion.

Commissioner Richie made an addition to the motion to state that the full $1800 that was waived would have to be paid as a penalty for missing a payment.

Public input was received from Preston Colby and John Drazinski.

Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. The motion carried. See SMB 86 Page 33.

D. County Engineer:

1. Presentation of the proposed Economic Development Ad Valorem Tax Abatement Program for Highlands County.

Ramon Gavarrete, County Engineer, John Tallent, Vice-Chairman of the Tax Abatement Criteria Committee, and Chris Benson, with the Engineering Department, gave a presentation on the proposed tax abatement program. Mr. Tallent addressed option A of the proposed scoring guidelines. Mr. Benson addressed option B and six scenarios using both options. Mr. Gavarrete stated that the School Board taxes would not be abated.

031511REG BOOK 21 PAGE 866

Public input was received from Preston Colby, Bill Youngman, John Drennan, Charlie Taylor, Ray Royce, Steve Fruit, Ronnie Carter, Rick Ingler, and Tom Creel.

After discussion, the Commission came to a consensus to keep the statutory requirement on the minimum number of jobs and to raise the Annual Average Wage requirement to 125%. Commissioner Stewart requested that staff meet with the Director of Florida’s Heartland Rural and Economic Development Initiative (FHREDI) to get her input on the proposed targeted industry list. The Commission discussed the scoring guidelines for option A in great detail and gave direction to the Committee to make suggestions on option A, as a consensus was not reached, and bring it back to the Board. The Commission thanked staff and the Tax Abatement Criteria Committee for the presentation. See SMB 86 Page 34.

2. Request approval of Budget Amendment 10-11-078 to transfer $20,000.00 from Cost Center 4215, Account number 53116 Monitoring Wells to Account number 53100 Professional Services; for necessary consulting services for monitoring, reporting and technical advice for the Florida Department of Environmental Protection (FDEP) for closed landfills.

Ramon Gavarrete, County Engineer, presented the request.

Commissioner Richie made a motion and Commission Elwell seconded the motion, to move to approve Budget Amendment 10-11-078 to transfer $20,000 from Cost Center 4215, account number 53116 - Monitoring Wells to account number 53100 - Professional Services for monitoring, reporting, and technical advise for FDEP for closed landfills.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 86 Page 35.

Break: 1:50 p.m. to 2:49 p.m.

E. Community Services Division Director:

1. Request for acceptance of grant funding in the amount of $1,029,844 for the Neighborhood Stabilization Program (NSP).

June Fisher, Community Services Division Director, presented the request. Public input was received from Susie Teeple, Jim Upchurch, John Drazinski, John Nelson, John Hawthorne, Preston Colby, Bill Youngman, James Anderson, Candice Anderson, John Drennan, Jerry Kingsbury, Selvin McGehee, and Larry Shoeman. The Commission addressed their comments and concerns.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to reject the NSP funds and permit staff to notify DCA that the funding would not be accepted by Highlands County, done by March 18, 2011.

Upon roll call, all Commissioners voted aye, except Commissioner Harris, who voted nay. The motion carried. See SMB 86 Page 36.

031511REG BOOK 21 PAGE 867

2. Presentation of Local Housing Assistance Plan (LHAP) recommended changes.

June Fisher, Community Services Division Director, presented the request with the recommended changes as listed in the agenda packet. Selvin McGehee, member of the Affordable Housing Assistance Committee, addressed the Board.

The Commission gave direction for Ms. Fisher to visit the Purchase Price Limit of $189,682 under item 1.K. Ms. Fisher stated that she will work on finding the methodology used for the chosen amount. The Commission made recommendations on the following sections of the Local Housing Assistance Plan:

II. LHAP Housing Strategies A. Purchase Assistance Program f. Terms, Recapture and Default: The Commission came to a consensus to increase the $500 amount listed in paragraph 1 and to have staff and the Affordable Housing Advisory Committee look at the equity share for 10 or 15 years.

g. Recipient Selection Criteria The Commission came to a consensus to have the Committee take a look at paragraph g1 (first time homebuyer). Commissioner Stewart questioned paragraph g4 (repairs to a home). Ross Macbeth, Board Attorney, addressed her concerns.

B. Housing Rehabilitation & Emergency Home Repair Program e. Terms, Recapture, and Default: The Commission came to a consensus to have the Committee look at changing the 30 year deferred payment loan on paragraph 2 to 15 years.

D. Foreclosure/Homeless Intervention Program d. Maximum award is noted on the Housing Delivery Goals Chart: The Commission commented on the $2,000 assistance in paying a delinquent mortgage and gave direction to Ms. Fisher to take a look at the new foreclosure program Hardest-Hit Fund and find out what their perimeters are.

f. Terms, Recapture, and Default: The Commission gave direction to Mr. Macbeth to meet with the Housing Department to find out what the track record is for the repayment listed on paragraph f7.

Ms. Fisher stated that she has taken notes of the direction received and will request input from the Affordable Housing Advisory Committee to bring suggestions back to the Board. Public input was received from Bill Youngman, Rick Ingler, Terry Kingsbury, and John Drennan.

Commissioner Harris requested that Ms. Fisher do a quick overview of the effects of getting out of the housing business. Commissioner Stewart gave direction to Ms. Fisher to get statistics on the number of families that have been helped; look into the qualification requirement of being an American citizen and requiring a drug test for applicants; and to look at the interest versus shared equity. Jim Upchurch, member of the Affordable Housing Advisory Committee, addressed the Board on the importance of having a Housing program. See SMB 86 Page 37.

031511REG BOOK 21 PAGE 868

Break: 4:42 p.m. to 4:48 p.m.

3. Request approval of Resolution & Budget Amendment 10-11-059 to roll forward funds for Projects 06052, 07064, and 08053 and close Project 05056 for the State Housing Initiatives Program (SHIP) Fund with a fiscal impact of $684,694.00.

June Fisher, Community Services Division Director, presented the request. Tim Mechling, Budget Manager, addressed the projects. Public input was received from Bill Youngman and John Drennan.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-059 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 316 & SMB 86 Page 38.

4. Request approval of termination of Community Development Block Grant (CDBG) #09DB-T3-07-38-01-E15 (Villa Bella Assisted Living Facility (ALF) for closeout.

June Fisher, Community Services Division Director, presented the request. The Commission addressed their comments and concerns. Corbett Alday, with Guardian Community Resource Management, Inc., addressed the Board.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the termination of Community Development Block Grant in the Economic Development Category #09DB-T3-07-38-01-E15 for closeout due to developer’s inactivity.

Upon roll call, all Commissioners voted aye. The motion carried. See CDBG file.

F. Lakes Manager:

1. Request approval of General Fund Project 00054 Lake Persimmon Water Quality Closure, Resolution and Budget Amendment 10-11-047 with a fiscal impact $6,774.

Clell Ford, Lakes Manager, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-047 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 317 & SMB 86 Page 39.

2. Request approval of Bid Award and Contract for ITB 11-019, Adventure Environmental, Inc. for Lake Istokpoga Residential Canals Maintenance Dredging Project 05019.

Clell Ford, Lakes Manager, presented the request. The Commission addressed their comments and concerns. Public input was received from Dick Rainey, Ray Royce, and Bert Gallaway.

031511REG BOOK 21 PAGE 869

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve ITD 11-019 recommendation to award to Adventure Environmental, Inc. for primary canal groups 1 through 4 base bid and secondary canals 156, 166, 167, 169, and 176 for the total bid amount of $666,987.00.

Upon roll call, all Commissioners voted aye. The motion carried. See Adventure Environmental, Inc. file.

G. Human Resources Director: Request approval of the 2011-2013 Equal Employment Opportunity Plan.

John Minor, Director of Human Resources, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the 2011 – 2013 Equal Employment Opportunity Plan.

Upon roll call, all Commissioners voted aye. The motion carried. See Equal Employment Opportunity Plan file.

H. Board Attorney: Request approval of a Joint Stipulation and Settlement Agreement regarding James W. Kelly vs. Highlands County and Tony Maher Case No. 080000788 GCS.

Ross Macbeth, Board Attorney, presented the request.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the joint stipulation and settlement agreement regarding James W. Kelly vs. Highlands County and Tony Maher, Case #080000788-GCS.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 40.

I. County Administrator:

1. Request approval of Budget Amendment 10-11-081 and Resolution Legal Aid Trust Fund with a fiscal impact of $2,907 (increase).

Ricky Helms, County Administrator, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-081 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 23 Page 318 & SMB 86 Page 41.

Mr. Helms stated that the School Board was requesting a joint meeting with the Board of County Commissioners to address issues about the Sebring Parkway project. Mr. Helms will follow up with a date in early May.

9. CITIZENS NOT ON THE AGENDA: No participants.

031511REG BOOK 21 PAGE 870

10. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris made the following suggestions: 1) To split the recreational funding to 1/3 for each municipality; 2) having the Humane Society take care of the spay/neuter and adoptions for the County; and 3) becoming a more business-friendly County by walking new businesses through the building/permitting process.

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell commented on the amount of time and money spent on putting together agenda packets for Commissioners. He questioned if there was a cheaper way of doing this. Ross Macbeth, Board Attorney, stated that he downloads the information to his laptop. Bob Germaine, Clerk of Courts, suggested that the Commission look into getting laptops to use for their office and for the meeting and will get an estimate of what those costs would be.

¾ Commissioner Stewart: Commissioner Stewart commented on the open houses for the Leisure Lakes and West Sebring Volunteer Fire Departments that she attended over the weekend and commented on the Historic Preservation Committee meeting that she attended. Commissioner Stewart stated that she agrees with Commissioner Harris’ ideas on the 1/3 split for recreational funding and to work together with the Humane Society on the spay/neuter and adoptions.

11. ADJOURN

The meeting adjourned at 5:58 p.m.

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JOINT MEETING OF THE HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF LAKE PLACID TOWN COUNCIL

MARCH 17, 2011

1. The meeting was called to order at 5:30 p.m. at the Lake Placid High School Auditorium, 202 Green Dragon Drive, Lake Placid, Florida, with the following members present:

Highlands County Board of County Commissioners: Chairman Barbara A. Stewart, R. Greg Harris, Jack L. Richie, and Don Elwell.

Town of Lake Placid Town Council: Mayor John Holbrook, Ray Royce, Steve Bastardi, Debra Worley, and Cheryl Brantley Davis.

Also present: J. Ross Macbeth, Board Attorney, June Fisher, Community Services Division Director, Ramon Gavarrete, County Engineer, Robert Diefendorf, Transportation/Utilities Project Manager, Bert Harris, Council Attorney, Arlene Tuck, Town Clerk, Robert W. Germaine, Clerk of Courts, and Pamela Nava.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Lonnie Wells. The Pledge of Allegiance was led by Commissioner Richie.

3. Purpose of the meeting. Commissioner Stewart stated that the purpose of the meeting was to obtain public input from the customers of the County Utility Systems and hear from the residents of Lake Placid and from the Town Council regarding the regional utility system and the future of the that utility system. The meeting was properly advertised according to Florida Statute. A Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file for copy.

4. Public comments from the County’s utility customers. Commissioner Stewart opened the floor to the public and stated that each citizen would be afforded four (4) minutes to speak. Input was received from Don Schloesser, Rebecca Hayden, Adnan Elyaman, Leroy McGehee, Jr., Vincent Hill, Lois Krebs, Susan Shimanuki, Fred Sarracino, Ross Hendricks, Jr., Shelagh Byatt, Miles Lambert, Mary Ellen McFarlan, Berelyn Wagner, and John Bokman. Ms. Krebs entered into the record a petition signed by 80 customers of the Placid Utilities area in opposition of the transfer. See Placid Utilities file for copy.

5. Chairman Stewart calls Mayor Holbrook for Town presentation regarding the Regional Utility. Mayor Holbrook thanked the Commission and County staff for attending the meeting to hear their request of acquiring the County’s utilities system. Mr. Holbrook stated that the creation of the Lake Placid Regional Municipal Utilities is a critical element to the Lake Placid Area Growth Plan and requested that the process not be delayed any further. Bert Harris, Attorney for the Town Council, addressed the residents in attendance as to the planning process and asked them to keep an open mind. Mr. Harris read into the record the provision adopted by the Highlands County Commission on the EAR-based Comprehensive Plan Amendments as

031711JointMeeting BOOK 21 PAGE 872

follows: Water and Wastewater Treatment service shall be provided by a regional municipal system, effective upon the execution of an agreement between the County and the Town of Lake Placid outlining the details of the utility service area provision. This agreement shall be executed by October 1, 2011.

Mr. Harris called upon the following people who spoke in support of the Town of Lake Placid acquiring the regional utility system: Hoz Compton, John Smoak, III, Lonnie Wells, Jeannie Snively, Robert Brown, Marlene Barger, Bill Brantley, Julie Fowler, and Mike Rider.

Cheryl Brantley Davis, Town Council Member, read into the record the Amended and Restated Resolution of the Lake Placid Town Council regarding Placid Utilities and Tomoka Heights (March 14, 2011) and presented the Resolution to Ms. Berelyn Wagner, President of the Tomoka Heights Homeowners Association. Ms. Wagner accepted the Resolution.

Break 7:01 p.m. to 7:05 p.m.

Debra Worley, Town Council Member, briefly commented on the “re-use” water and requested that the Commission move forward with the transfer of the utilities.

Steve Bastardi, Town Council Member, briefly addressed the Lake Placid Regional Utilities presentation made to the Commission and the public.

Ray Royce, Town Council Member, briefly outlined excerpts from the Resolution of the Lake Placid Town Council requesting transfer of Placid Utilities and Highway Park Utilities (March 14, 2011). Mr. Royce requested that during discussion the County Commission express their individual approval of the Town’s proposal and 1) instruct County staff to prepare an interlocal agreement incorporating the Town’s hall; 2) instruct County staff to bring to a County Commission meeting, within 30 days, an interlocal agreement accepting the Town’s proposal of the transfer of the Placid and Highway Park Utilities to the Town; and 3) that the interlocal agreement allow for closing and transfer shortly thereafter.

6. Discussion June Fisher, Community Services Division Director, stated that staff has identified some basic issues that need to be addressed in order to insure the best interest of the residents of the communities where the County utilities are located. Ross Macbeth, Board Attorney, addressed the issues that have been brought forward and that need further discussion, which may be at staff level.

The Commission addressed their comments and concerns in great detail. Mr. Bert Harris suggested that the Commission instruct Mr. Macbeth to work together with him to prepare and submit an interlocal agreement for the Commission’s approval and to have the Commission sort out any issues that both attorneys do not agree on. Commissioner Stewart requested that the Commission be kept informed about any issues along the way.

The Commission thanked the Town for their presentation and for their hospitality. See Town of Lake Placid file for copies of material provided.

7. ADJOURN The meeting adjourned at 8:32 p.m.

031711JointMeeting BOOK 21 PAGE 873

REGULAR MEETING OF THE BOARD, MARCH 22, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

This meeting was changed from an evening meeting to a morning meeting and was properly advertised per Florida Statutes. A Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file for copy.

2. Invocation and Pledge of Allegiance

The meeting opened with a prayer by Ricky Helms, County Administrator. The Pledge of Allegiance was led by Bob Germaine, Clerk of Courts.

3. ANNOUNCEMENTS

Mar 22 1:00 pm Zoning Board of Adjustment and Planning 505 South Commerce Ave. Engineering & Zoning Commission Training Room, Sebring, FL Mar 22 2:00 pm IDA/EDC Tax Abatement Criteria Bert J. Harris Agricultural Center, 4509 Committee George Blvd. Sebring, FL Mar 23 11:30 am Heartland Rural Health Network 950 CR 17 A West, Avon Park, FL Mar 24 1:00 pm Meeting to Discuss Revisions to the Land 505 S. Commerce Ave. Engineering Development Regulation Training Room, Sebring, FL

A. Other meetings:

¾ The Children’s Services Council will meet on Wednesday, March 23, 2011 at 7:30 a.m. at the Children’s Advocacy Center.

¾ The Recreation and Parks Advisory Committee will meet on Thursday, March 24, 2011 at 2:00 p.m. at the Highlands County Sports Complex.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Chairman Stewart: Request approval of a Proclamation recognizing the month of April as “Water Conservation Month” in Highlands County.

032211REG BOOK 21 PAGE 874

Chairman Stewart read the Proclamation into the record.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to accept the Proclamation as read.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 320.

Julie Fells: United Way Campaign

Julie Fells, Director of United Way of Central Florida – Highlands County Division, addressed the United Way Campaign and the donation funds collection from the County. Ms. Fells stated that the “Day of Caring” will take place on May 4, 2011. Chairman Stewart stated that the Commission often gets recognized but in reality it is staff that does all the hard work and thanked everyone, especially Gloria Rybinski. Ricky Helms, County Administrator, thanked all the Board employees for taking advantage of this opportunity to give back to the community.

7. CONSENT AGENDA:

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 22, 2011. See Check Report 2011 file.

GENERAL FUND 472,091.31 COUNTY TRANSPORT TRUST 15,779.81 FL BOATING IMPROVEMENT 1,239.84 LOCAL GOVT INFRA SURTAX 124,405.80 TOURIST DEV TRUST FUND 3,011.56 SEBRING PARKWAY MAINT 96.59 STATE COURT FACILITIES TF 467.00 COURT TECH 28.24 (12) (E) 1 2,215.20 BUILDING FUND 4.34 SOLID WASTE 11,831.65 PLACID UTILITIES 2,619.61 HIGHWAY PARK UTILITY 35.04 ENERGY RECOVERY 38,191.75 EMPLOYEE BENEFIT FUND .62 INSURANCY FUND 128.67

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for March 8, 2011. See Clerk of Courts website.

C. Request for approval and acceptance of a Corrective Warranty Deed and Partial Release of Mortgage for the dedication of right-of-way on Ranchero Drive, Afton Road, and US Highway 98 from Dennis W. Franklin with no additional fiscal impact. See County Deed file.

D. Request approval of Resolution & Budget Amendment 10-11-082 and request closure of General Fund Project 09057 EMS FEMA Heart Compression Device with a fiscal impact of $35,540. See Budget Amendment 2011 file, Res. Book 23 Page 321 & SMB 86 Page 42.

032211REG BOOK 21 PAGE 875

E. Request approval of Resolution & Budget Amendment 10-11-087 for Blue Cross & Blue Shield wellness allocation with a fiscal impact of $100,000. See Budget Amendment 2011 file, Res. Book 23 Page 322 & SMB 86 Page 43.

8. ACTION:

Ricky Helms, County Administrator, requested that the resubmission of the request to accept the grant funding in the amount of $1,029,844 for the Neighborhood Stabilization Program be added to the action agenda under County Administrator. Chairman Stewart stated that Budget Amendment 10-11-086 would become item 8D-1 and the request to accept the grant funding would be item 8D-2.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda with the addition of item D-2 – the resubmission of the request to accept the grant funding of the Neighborhood Stabilization Program. Upon roll call, all Commissioners voted aye. The motion carried.

A. Louise England, Interim Economic Development Director: Request approval of a Resolution by the Board of County Commissioners of Highlands County, FL finding that Project number 11-00312 be approved as a qualified applicant pursuant to Section 288.106 Florida Statutes requesting a waiver of local financial support within the Qualified Target Industry and Brownfield Redevelopment Bonus Tax Refund Programs, and providing for an effective date.

Louise England, Interim Economic Development Director, presented the request and addressed the amended paragraphs of the Resolution presented for approval. Public input was received from Bill Youngman, John Drennan, and John Nelson.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Qualified Target Industry and Brownfield Redevelopment Bonus Tax Refund Programs Rural County Financial Support Waiver Resolution, recommending Project 11-00312 be approved for the State of Florida tax refund incentive, and requesting a rural county waiver of the 20% local match.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 23 Page 323 & SMB 86 Page 44.

B. Presentations and budget discussions:

1. Introduction by Children’s Advocacy Center Director, and presentation by Margaret Parry, Center: Safehouse.

Jeff Roth, as Executive Director of the Children’s Services Council, briefly addressed the services and budget of the Sebring Safehouse and introduced members of the Peace River Center. Margaret Parry, Chief Development Officer with Peace River Center, briefly addressed the Board and commented on the funding received from the County. Lucy Mull, Outreach Specialist, briefly addressed the services provided by the Safehouse and thanked the Commission for the funding provided. Dr. Mike McLeod, Peace River Center board member, briefly addressed the Board. Ms. Mull announced that the hotline number for the Safehouse was (863) 386-1167. The Commission thanked them for the services provided and for the work that they do. See Peace River Center file.

032211REG BOOK 21 PAGE 876

2. County Engineer: Discussion on preliminary assessment of privatization options for recyclable materials processing.

Ramon Gavarrete, County Engineer, presented the request and introduced Mitch Kessler, with Kessler Consulting, Inc. to the Board. Mr. Kessler gave a brief presentation on the preliminary assessment of privatization options for the processing of recyclable materials. Mr. Gavarrete recommended that the Commission authorize him to meet with Choice Environmental, Inc. for discussions about the hauling on recyclable goods. It was a consensus of the Commission to authorized Mr. Gavarrete’s recommendation.

Break: 10:43 a.m. to 10:49 a.m.

Public input was received from Mark Talbert, Steve Lengefeld, Jim Wheatley, Gabriel Read, and John Drennan.

The Commission addressed their comments and concerns in great detail.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to execute a Consultant Service Agreement (CSA) with a firm in the current Library of Consultants in order to assist the County in addressing the critical issues that would impact the scope of work and definition of processing services and in developing an RFP that will attract competitive proposals that can be compared and evaluated successfully in the context of the County’s overall solid waste management system; such CSA and accompanying budget amendment will be presented to the Board of County Commissioners, for approval, no later than the first meeting in May.

Upon roll call, all Commissioners voted aye. See SMB 86 Page 45.

C. Board Attorney: No report.

D. County Administrator:

1. Request approval of Budget Amendment 10-11-086 to fund the Active Military Combat Duty Grant program from Reserve for Contingency with a fiscal impact of $4,950.00.

Ricky Helms, County Administrator, presented the request. Public input was received from Gabriel Read and John Drennan.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve budget Amendment 10-11-086.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 86 Page 46.

2. Request acceptance of Grant Funding in the amount of $1,029,844 for the Neighborhood Stabilization Program (NSP).

Ricky Helms, County Administrator, stated that this item was being resubmitted to the Board for further consideration. Commissioner Harris stated that he received many calls from citizens in favor of the County accepting the funds and respectfully asked the Commission to

032211REG BOOK 21 PAGE 877

reconsider the request. In his statement, Commissioner Harris mentioned concerns that were addressed about the administration of the funds and suggested putting this out to bid and making a decision from there. June Fisher, Community Services Division Director, commented on the Neighborhood Stabilization Program and addressed several concerns from the Commission.

Public input was received from John Nelson, Jeanne Butler, Bill Youngman, John Drazinski, Lisa Lucas, Sandra Todd, John Drennan, Sarah Pallone, Chip Boring, Ronnie Carter, Dick Noel, and Arianna Jordan Burke.

The Commission addressed their concerns in great detail. Commissioner Elwell read an email into the record sent by Kevin Shutt, in opposition of the request.

Commissioner Harris made a motion to accept the funds. Commissioner Elwell seconded the motion for voting purposes.

Upon roll call, Commissioner Harris voted yes, all others voted no. The motion failed. See SMB 86 Page 47.

9. CITIZENS NOT ON THE AGENDA

¾ John Drennan commented on the budget for the Highlands Regional Medical Center and on the tax abatement.

10. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris stated that yesterday’s Impact Fee Committee would be rescheduled due to a lack of quorum and commented on the meeting with Commissioner of Agriculture Adam Putnam on bio-fuels.

¾ Commissioner Elwell: Commissioner Elwell congratulated the Sebring International Raceway for an excellent race event and commented on the possibility of the Economic Development Commission and the Tourist Development Council having a presence at the races to market people to come to Highlands County. Ms. Fisher will follow through on this effort. Commissioner Elwell commented on the Lake Istokpoga Management Committee and the Library Advisory Board meetings that he attended.

¾ Commissioner Richie: Commissioner Richie commented on the joint meeting with the Lake Placid Town Council, the Mid-Florida Real Estate meeting, and the meeting with Commissioner of Agriculture Adam Putnam on bio-fuels, that he attended last week.

¾ Commissioner Stewart: Commissioner Stewart commented on the Veterans luncheon that she attended last week and encouraged the Commission to publicize the need for younger volunteers to help with the veterans.

11. ADJOURN

The meeting adjourned at 12:18 p.m.

032211REG BOOK 21 PAGE 878

REGULAR MEETING OF THE BOARD, MARCH 29, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Harris. The Pledge of Allegiance was led by Commissioner Stewart.

This meeting was properly advertised per Florida Statutes and a Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file for copy.

3. ANNOUNCEMENTS

Mar. 31 2:00 pm Trails Initiative Committee Engineering Training Room, 501 S. Commerce Ave., Sebring, FL

A. Other meetings: No other meetings announced.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

Gary Ritter, with the South Florida Water Management District – Okeechobee Service Center, thanked the Commission for their support on the Water Conservation Proclamation and commented on water levels for . Mr. Ritter reminded everyone to practice water conservation and stated that the Indian Prairie landowners will be meeting tomorrow at 2:00 p.m.

Mr. Ritter presented the 2011 South Florida Environmental Report to the Commission. See SFWMD file.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

Fire Service Supervisor: Presentation of Firefighter 1 Certificates. Tim Eures, Emergency Operations Director, invited the Commissioners and the County Administrator to present Firefighter 1 Certificates of Completion to several volunteer firefighters. Chairman Stewart, on behalf of the Commission, congratulated the volunteer firefighters and thanked them for their service and dedication. See SMB 86 Page 48.

032911REG BOOK 21 PAGE 879

7. CONSENT AGENDA: Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 29, 2011. See Check Report 2011 file.

GENERAL FUND 530,756.97 ISTOKPOGA MARSH IMP DIST 2,943.75 COUNTY TRANSPORT TRUST 12,433.69 INTERGOVT RADIO COMMUNICA 483.54 FL BOATING IMPROVEMENT 2,572.35 LOCAL GOVT INFRA SURTAX 26,572.53 TOURIST DEV TRUST FUND 5,284.57 HOME INITIATIVES PARTNER 25,000.00 SPECIAL LAW ENFORCEMENT 11,975.00 SEBRING PARKWAY MAINT 200.21 STATE COURT FACILITIES TF 4,350.45 BUILDING FUND 100.17 SOLID WASTE 26,658.26 PLACID UTILITIES 98.82 HIGHWAY PARK UTILITY 42.15 ENERGY RECOVERY 72,724.01 EMPLOYEE BENEFIT FUND 96.15 INSURANCY FUND 31,213.57

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for March 15, 2011 and minutes of the joint meeting with the Town of Lake Placid Town Council dated March 17, 2011. See Clerk of Courts website.

8. ACTION:

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Presentations and budget discussions:

1. Avon Park Chamber of Commerce 2. Sebring Chamber of Commerce 3. Lake Placid Chamber of Commerce David Greenslade, Executive Director of the Avon Park Chamber of Commerce, Eileen May, CEO of the Greater Lake Placid Chamber of Commerce, and Nicholas Schommer, Chairman of the Greater Sebring Chamber of Commerce, addressed the Board on the services provided by the chambers. Ricky Helms, County Administrator, briefly commented on the funding history for the chambers.

Public input was received from John Drennan, Ray Royce, Kevin Shutt, Marlene Barger, Michael Barry, Dick Noel, and Barry Foster.

The Commission addressed their concerns and thanked each chamber member for being present tonight.

032911REG BOOK 21 PAGE 880

4. Road & Bridge Superintendent, Parks & Natural Resources Director, and Facilities Management Director: Presentation on mowing services. Kyle Green, Road & Bridge Superintendent, Vicki Pontius, Parks & Recreation Director, and David Flowers, Facilities Management Director, briefly presented the mowing services provided by each department.

Public input was received from Michael Barry, Ray Royce, Tom Macklin, John Drennan, Dick Noel, and Gabriel Read. Ricky Helms, County Administrator, briefly addressed the Commission’s concerns.

The Commission thanked each of the departments for their presentation. See SMB 86 Page 49.

5. Administrative Services Director: Presentation on Administrative Services Departments: (Office of Management & Budget (OMB); General Services/Purchasing; and Human Resources). Gerald Secory, Administrative Services Director, briefly presented each department under his direction.

Bernis Gainer, Director of Office of Management and Budget, addressed the functions, duties, and budget of the OMB Department.

Bea Johnson, Assessment Coordinator, addressed the functions, duties, and budget of the Non Ad Valorem Assessments Department.

Scott Berden, GIS Coordinator, addressed the functions, duties, and budget of the Geographic Information System Department.

Public input was received from Kevin Shutt, John Drennan, and Dick Noel.

Danielle Gilbert, Acting General Services/Purchasing Director, addressed the functions, duties, and budget of the General Services/Purchasing Department.

John Minor, Human Resources Director, addressed the functions, duties, and budget of the Human Resources and Risk Management Department.

The Commission addressed their concerns. Commissioner Elwell questioned the possibility of consolidating the County’s Human Resources Department with those of the Elected Officials. Bob Germaine, Clerk of Courts, stated that they have taken a close look at that possibility and it would be a decision of each Elected Official. The Commission thanked each of the departments for their presentations. See SMB 86 Page 50.

Break: 7:16 p.m. to 9:23 p.m.

B. Road & Bridge Superintendent: Request approval of Consultant Service Agreement (CSA) #06681 between Highlands County Board of County Commissioners and Wilson Miller, Inc. with a fiscal impact of $72,550.00. Kyle Green, Road & Bridge Superintendent, presented the request. The Commission addressed their comments and concerns. Public input was received from Bill Youngman, John Drennan, and Michael Barry.

032911REG BOOK 21 PAGE 881

Commission Harris made a motion and Commissioner Richie seconded the motion, to move to approve CSA No. 06681, Continuing Professional Services by and between Highlands County Board of County Commissioners and Wilson Miller, Inc.

Upon roll call, all Commissioners voted aye. The motion carried. See Wilson Miller, Inc. file.

C. Human Resources Director: Request approval of Agreement to provide administrative services for the Early Retiree Reinsurance Program. John Minor, Human Resources Director, presented the request. The Commission addressed their comments and concerns. Public input was received from James Motil and John Drennan.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the attached agreement to provide administrative services for the Early Retiree Reimbursement Program with Blue Cross Blue Shield of Florida.

Upon roll call, all Commissioners voted aye. The motion carried. See Blue Cross Blue Shield of Florida, Inc. file.

D. OMB Director: Request to approve pursuant to Section 8.5-23(f) of the Code of Ordinances, Highlands County, Florida, the deemed assignment of the Solid Waste Collection Franchise Contract between the Board of County Commissioners and Choice Environmental Services, Inc., occurring by reason of the sale of the Choice Environmental Services, Inc. to Swisher Hygiene, Inc. Bernis Gainer, Director of Office of Management and Budget, presented the request. Public input was received from Robert Chaney, Dick Noel, and Bill Youngman. Ross Macbeth, Board Attorney, addressed concerns from the public.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve, pursuant to Section 8.5-23(f) of the Code of Ordinances, Highlands County, Florida, the deemed assignment of the Solid Waste Collection Franchise Contract between the Board of County Commissioners and Choice Environmental Services, Inc., occurring by reason of the sale of the Choice Environmental Services, Inc. to Swisher Hygiene, Inc. This approval does not constitute approval of any actual assignment of that Contract, it being expressly understood that the Solid Waste Collection Franchise Contract will continue to be between the Board of County Commissioners and Choice Environmental Services, Inc.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 51.

E. Board Attorney: No report.

F. County Administrator:

1. Request approval of Budget Amendment 10-11-089 for Constitutional Officers health insurance adjustments with a fiscal impact of $42,560 for Reserve for Contingency. Ricky Helms, County Administrator, presented the request.

032911REG BOOK 21 PAGE 882

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-089.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 86 Page 52.

2. Presentation of agenda processing options. Ricky Helms, County Administrator, gave a brief presentation on options A through F for the processing of the agenda. Bob Germaine, Clerk of Courts, addressed the option of purchasing laptops. Each Commissioner addressed their concerns.

Chairman Stewart stated that she will buy or acquire her own laptop. Commissioner Elwell stated that he will use his own personal laptop and went with option C to have the agenda and back-up information saved to a flash drive. Commissioner Harris and Commissioner Richie went with option D – to be provided with a surplus laptop with a flash drive.

Chairman Stewart gave direction to Gloria Rybinski, Public Information Officer, to move forward with the decisions made. Public input was received from Bill Youngman and Michael Barry. See SMB 86 Page 53.

3. Discussion concerning proposed joint meeting with the Highlands County School Board. Ricky Helms, County Administrator, stated that the Highlands County School Board is requesting a joint meeting with the Board of County Commissioners on May 9, 2011 in the evening. The Commission agreed that the date was acceptable. Mr. Helms will inform the school board and will provide a meeting time to the Commission.

9. CITIZENS NOT ON THE AGENDA

¾ Delphine Weizl and Diane Hinze commented on public transportation for senior citizens and presented a signed petition from Sebring senior residents who agree on the need for public transportation. See SMB 86 Page 54.

¾ Dick Noel commented on the tax abatement and prescription pricing.

¾ Teresa Williams, resident of Highway Park, addressed the Board on their decision to move forward with the transfer of the Highway Park Utilities to the Town of Lake Placid. Commissioner Richie stated that he has met with Rev. Leroy McGehee to address some of the issues from the residents of Highway Park and stated that the next meeting will be at the Greater Love Church with Mr. Vincent Hill on April 11, 2011 and encouraged Mrs. Williams to attend.

¾ Tom Macklin commented on the County towing ordinance. Ross Macbeth, Board Attorney, addressed the issue and stated that he has been working with the Planning Department on the re-write of this ordinance, which will come back to the Board for their review and consideration. Chairman Stewart stated that they need to take care of this issue expeditiously.

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10. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie commented on the meetings he attended in Tallahassee last week.

¾ Commissioner Elwell: Commissioner Elwell commented on the meetings he attended in Tallahassee last week and the Commissioner training classed that he attended.

¾ Commissioner Harris: Commissioner Harris stated that he is troubled with the issue of Highway Park and suggested that each Commissioner individually meet with the residents of Highway Park to make sure that they understand the reasoning behind the transfer of utilities. Commissioner Harris stated that he is also troubled with the issue with Mr. Clinard, Heartland National, and Mason’s Ridge and would like to tend to that. Commissioner Stewart stated that she would prefer to let Commissioner Richie take the lead on the Highway Park issue, since Lake Placid is his district, and have him keep the Commission up to date.

¾ Commissioner Stewart: Commissioner Stewart commented on emails received on the RACEC designation and Enterprise Zones issues.

11. ADJOURN The meeting adjourned at 10:53 p.m.

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REGULAR MEETING OF THE BOARD, APRIL 5, 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 R. Greg Harris Commissioner Jack L. Richie 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 Jeff Roth, Director of the Children’s Advocacy Center. The Pledge of Allegiance was led by Rick Ingler, representing the veterans.

3. ANNOUNCEMENTS

Apr. 5 2:00 pm Highlands Soil & Water Conservation District Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Apr. 5 3:30 pm Highlands Soil & Water Conservation District Speech Room #3, Bert J. Harris, Jr. Agricultural Contest Center, 4509 George Blvd., Sebring, FL Apr. 6 7:30 am Industrial Development Authority/Economic 2113 US 27 S., Sebring, FL Development Commission Apr. 5 7:00 pm Construction Licensing, Enforcement & Appeals Board Board room, 600 S. Commerce Ave., Sebring, FL Apr. 7 8:15 am Tourist Development Council SFCC, Boardroom Building F, 600 W. College Dr., Avon Park, FL Apr. 7 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring, FL

A. Other meetings:

¾ The Highlands County Homeowners Association will meet on April 11, 2011 at 9:00 a.m. at 3240 Grand Prix Drive in Sebring.

¾ The Sebring Centennial will meet on April 7, 2011 at 4:00 p.m. at the Sebring Civic Center.

¾ The Annual Military Ball will be held on April 9, 2011 at 5:00 p.m. at the Chateau Elan.

¾ The Tax Abatement Criteria Committee will meet on April 7, 2011 at the Agri-Civic Center at 2:00 p.m.

¾ The Highlands Tea Party will meet tonight at the Quality Inn for a movie and hotdogs starting at 6:00 p.m., with an $8 fee.

4. CLERK: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts monthly report for the month of March 2011. See SMB 86 Page 55.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Supervisor of Elections: No report.

040511REG BOOK 21 PAGE 885

D. Tax Collector: Eric Zwayer, Highlands County Tax Collector, briefly commented on the taxes received for the tax year ending March 31, 2011 and addressed the drivers license transition. Mr. Zwayer stated that the Lake Placid branch office will be handling driver licenses by June 6, 2011 and their goal is that the Avon Park branch office also handle driver licenses by August 2011. Mr. Zwayer stated that the Sebring office will fully handle driver licenses by the summer of 2013.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Administrative Services Director: Presentation of Years of Service Awards. Gerald Secory, Administrative Services Director, presented awards to employees for their years of service to Highlands County. See SMB 86 Page 56.

B. Children’s Advocacy Center Director: Request approval of a Proclamation designating April as “Child Abuse Prevention Awareness Month”. Jeff Roth, Director of the Children’s Advocacy Center, read the Proclamation into the record. Public input was received from Ruth Handley, Scott Crutchfield, Jean Griffith, Anne Lindsey, John Drazinski, and Jeannie Dubenion.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Proclamation designating April 2011 as Child Abuse Prevention Awareness Month and the week of April 3rd – April 9th, 2011 as Children’s Week in Highlands County, Florida. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 1 & SMB 86 Page 57.

C. Highlands County Health Department Administrator: Request approval of a Proclamation designating April 4-10, 2011 as “National Public Health Week 2011”. Robert Palussek, Highlands County Health Department Administrator, read the Proclamation into the record.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation designating April 4th -10th as National Public Health Week with the theme “Safety is No Accident: Live Injury-Free”. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 2.

D. Chairman Stewart: Request approval of a Resolution designating April as “Unsung Hero Month”. Gabriel Read briefly commented on unsung heroes. Chairman Stewart read the Resolution into the record.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move that the Highlands County Board of County Commissioners declares the month of April 2011 as Unsung Heroes Month. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 3.

7. CONSENT AGENDA: Commissioner Richie requested clarification on item 7C. Ramon Gavarrete, County Engineer, addressed his concerns.

040511REG BOOK 21 PAGE 886

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 5, 2011. See Check Report 2011 file.

GENERAL FUND 2,266,692.13 COUNTY TRANSPORT TRUST 16,777.90 E911 OPERATIONS FUND 68,037.91 LOCAL GOVT INFRA SURTAX 131,803.67 TOURIST DEV TRUST FUND 1.55 SEBRING PARKWAY MAINT 2,397.60 STATE COURT FACILITIES TF 501.33 COURT TECH 28.24 (12) (E) 1 80.00 BUILDING FUND 4.34 SOLID WASTE 151,086.27 PLACID UTILITIES 205.93 HIGHWAY PARK UTILITY 30.86 ENERGY RECOVERY 66,988.28 EMPLOYEE BENEFIT FUND .62 INSURANCY FUND 2,220.00 TAX DEED SURPLUS FUND 4,440.84

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for March 22, 2011. See Clerk of Courts website.

C. Request approval to accept a Warranty Deed and Partial Release of Mortgage and Security Agreement, Assignment of Rents, Leases, Income, Profits and Contracts, and UCC-1 for the Dedication of Right of Way at the corner of Sparrow Avenue and Broadway Street from DGGWR, LP and Heacock Family, LLC with no additional fiscal impact. See County Deed file.

D. Request approval of a Grant Application & Resolution for EMS stretchers with a fiscal impact of $69,170. See Res. Book 24 Page 4 & EMS file.

E. Request approval to appoint Sion Keith Carter to the Impact Fee Review Committee as a regular member representing the Builders Association category. See SMB 86 Page 58.

F. Request approval of a Contract with Lynch Paving and Construction Co., Inc. for the construction of Sun ‘n Lake of Sebring sidewalks at various locations, Project #08063 in the amount of $148,524.20. See Lynch Paving & Construction Co., Inc. file.

G. Request approval of Budget Amendment 10-11-091 for a loan repayment for the Impact Fee Study with a fiscal impact of $1,000. See Budget Amendment 2011 file & SMB 86 Page 59.

H. Request approval of Resolution & Budget Amendment 10-11-093 and capital expenditure for a Fire Suppression System at the Kenilworth Boulevard building with a fiscal impact of $13,638. See Budget Amendment 2011 file, Res. Book 24 Page 5 & SMB 86 Page 60.

040511REG BOOK 21 PAGE 887

8. ACTION: Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as written. Upon roll call, all Commissioners voted aye. The motion carried.

A. Mr. Steve Lewis, SML: Request to accept into the record the Records Management Plan and adopt the policies to implement the plan. Steve Lewis, President of SML, Inc., and Gloria Rybinski, Public Information Coordinator, presented the request. The Commission addressed their comments and concerns. Ross Macbeth, Board Attorney, addressed the issue and recommended that the first full paragraph on page 7 be revised to be consistent with the actual adopted Board policy.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to accept into the Record the Highlands County Records Management Plan, with the revision of the first paragraph on page 7; to replace that paragraph with the existing Board policy; and to adopt the policies to implement such plan.

Upon roll call, all Commissioners voted aye. The motion carried. See Highlands County Records Management Plan file.

B. Presentations and budget discussions:

1. Chairman, Industrial Development Authority: Industrial Development Authority of Highlands County and Economic Development Commission Annual Presentation to the Board of County Commissioners. Paul McGahee, Chairman of the Industrial Development Authority, briefly addressed the services provided by the Industrial Development Authority/Economic Development Commission and commented on their budget. Louise England, Executive Assistant, and Eva Cooper, Interim Executive Director, were also present. Public input was received from Pete McDevitt, Bill Youngman, John Drennan, and John Nelson. The Commission addressed their concerns and thanked the Industrial Development Authority/Economic Development Commission for their presentation. See SMB 86 Page 61.

Break: 10:52 a.m. to 11:05 a.m.

2. County Engineer: Presentation of the Engineering & Traffic Operations Department. Ramon Gavarrete, County Engineer, gave a brief presentation on the functions of the Engineering and Traffic Operations Department and commented on their budget. Commissioner Stewart gave direction to Ricky Helms, County Administrator, to see if it is feasible for the Engineering Department to follow the same pay period ending dates that Sheriff Benton has set up, as far as overtime and flexible time. The Commission thanked Mr. Gavarrete for his presentation. See SMB 86 Page 62.

3. County Engineer: Presentation on the Solid Waste Department. Ramon Gavarrete, County Engineer, gave a brief presentation on the functions of the Solid Waste Department and commented on their budget. Public input was received from Gabriel Read. The Commission addressed their concerns and thanked Mr. Gavarrete for his presentation. See SMB 86 Page 63.

040511REG BOOK 21 PAGE 888

4. Development Services Director, Building Official and Building Department Administrator: Presentation of the Building Division of the Development Services Department. Mark Hill, Development Services Director, S.Y. Mosely, Building Official, and Helen McKinney, Department Administrator, briefly presented the functions of the Building Department and commented on their budget. The Commission addressed their comments and thanked them for their presentation. See SMB 86 Page 64.

C. Board Attorney: Discussion of interface with Board of County Commissioners and County Administrator. Ross Macbeth, Board Attorney, briefly commented on the work assignments received from County staff and phone calls or emails received relating to work assignments. Mr. Macbeth stated that once a month he will briefly update the Board on issues his office is working on. Mr. Macbeth handed the Commission a list of work assignments kept by his office. The Commission came to a consensus to have Mr. Macbeth email the list to them once a month. Mr. Macbeth commented on the efficiency in his office. The Commission addressed their concerns and thanked Mr. Macbeth for the discussion.

D. County Administrator: Ricky Helms, County Administrator, stated that staff is paying close attention to concerns received from the Commission during department presentations and stated that there will be a very in-depth review of those concerns when preparing and submitting the budget.

Mr. Helms stated that he intends to a restructuring of the Administration Department to the Board for discussion next week.

9. CITIZENS NOT ON THE AGENDA No participants.

10. COMMISSIONERS:

¾ Commissioner Harris: No report.

¾ Commissioner Elwell: Commissioner Elwell thanked Mr. Helms for the department presentations and stated that today is National Deep Dish Pizza Day.

¾ Commissioner Richie: Commissioner Richie commented on the meeting he had with Rev. McGehee concerning the Highway Park Utility; the meeting with Placid Lakes and the Chamber of Commerce; and other individual meetings he had with people throughout the County.

¾ Commissioner Stewart: Commissioner Stewart stated that she has been receiving several calls from constituents regarding the Highway Park Utility. Commissioner Richie stated that there is a meeting set up with individuals in the Highway Park Area on April 11, 2011 at 6:30 p.m. and has asked Mark Hill, Development Services Director, to accompany him to addressed their concerns.

11. ADJOURN The meeting adjourned at 1:34 p.m.

040511REG BOOK 21 PAGE 889

REGULAR MEETING OF THE BOARD, APRIL 12, 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 R. Greg Harris Commissioner Jack L. Richie 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 Ricky Helms, County Administrator. The Pledge of Allegiance was led by Billie Jewett.

3. ANNOUNCEMENTS

Apr. 12 3:00 pm Planning & Zoning Commission and the Local Planning Boardroom, 600 S. Commerce Ave., Agency and the Zoning Board of Adjustment Sebring, FL Apr. 13 9:30 am Highlands County Affordable Housing Advisory Committee Room 3, Bert J. Harris, Jr. Agricultural CANCELLED Center, 4509 George Blvd., Sebring, FL Apr. 13 9:30 am Central Florida Regional Planning Council Hardee Co. Public Library, 315 N. 6th Ave., Wauchula, FL Apr. 14 1:30 pm Public Hearing of the Highlands County Code Enforcement Boardroom, 600 S. Commerce Ave., Special Magistrate Pamela T. Karlson Sebring, FL Apr. 18 12:00 pm Highlands County Health Facilities Authority Sebring City Council Chambers, Sebring City Hall, 368 S. Commerce Ave., Sebring, FL

A. Other meetings:

¾ The Negotiations Workgroup and TD Bank will meet for the RFP on banking services at 1:30 p.m. today in room B-251 of the Government Center.

¾ The Insurance Committee will meet on April 14, 2011 at 10:00 a.m. in the boardroom.

4. CLERK: Bob Germaine, Clerk of Courts, announced that the Day of Prayer event will take place on May 5th at 11:00 a.m. at the courthouse lawn.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Ms. Elizabeth V. Lenihan, President, Highlands County Bar Association: Request approval of Proclamation in recognition of May 6, 2011 as “Law Day” Elizabeth Lenihan, President of the Highlands County Bar Association, read the Proclamation into the record.

041211REG BOOK 21 PAGE 890

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the Proclamation in recognition of May 6, 2011 as Law Day.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 6.

B. Ms. Ashley L. Moore, LifeLink Foundation: Request approval of a Proclamation recognizing April as “Donate Life Month” Ms. Virginia Skipper Carter, representing the LifeLink Foundation, read the Proclamation into the record. Public input was received from Jerry Kingsbury.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Proclamation recognizing the month of April 2011 as Donate Life Month.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 7 & SMB 86 Page 65.

C. Administrative Services Director: Recognition of the Employee of the Quarter Gerald Secory, Administrative Services Director, invited the Commissioners and Ricky Helms, County Administrator, to present an award to Patty Randall, recognizing her as the Employee of the Quarter. See SMB 86 Page 66.

7. CONSENT AGENDA: Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 12, 2011. See Check Report 2011 file.

GENERAL FUND 681,890.04 COUNTY TRANSPORT TRUST 21,407.16 INTERGOVT RADIO COMMUNICA 6,424.81 LOCAL GOVT INFRA SURTAX 5,536.30 TOURIST DEV TRUST FUND 5,357.93 AFFORDABLE HOUSING ASST 21,500.00 HOME INITIATIVES PARTNER 39,602.86 STATE COURT FACILITIES TF 114.42 COURT TECH 28.24 (12) (E) 1 18,000.00 BUILDING FUND 2,643.31 SOLID WASTE 49,679.10 PLACID UTILITIES 724.40 HIGHWAY PARK UTILITY 203.73 ENERGY RECOVERY 94,937.56 EMPLOYEE BENEFIT FUND 2,183.68

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits District for March 29, 2011. See Clerk of Courts website.

C. Request approval of a Release of Lien on Case Number CE 9798-078, 159 E. A. Smith Avenue, Lake Placid, FL 33852. See Subdivision file.

041211REG BOOK 21 PAGE 891

D. Request approval of a Partial Release of Lien on Case Number CE 09120068, 714 Lake Blue Drive, Lake Placid, FL 33852. See Subdivision file.

E. Request approval of a Satisfaction of Lien on Case Number CE 08070011, 4218 Maserati Street, Sebring, FL 33872. See Subdivision file.

F. Request approval of a Satisfaction of Lien on Case Number CE 10100012, 4242 Maserati Street, Sebring, FL 33872. See Subdivision file.

G. Request approval of a Satisfaction of Lien on Case Number CE 04110033, 2101 East Claradge Avenue, Avon Park, FL 33825. See Subdivision file.

H. Request approval of a Satisfaction of Lien on Case Number CE 05060064, 2241 West Snell Road, Avon Park, FL 33825. See Subdivision file.

I. Request approval of a Satisfaction of Lien on Case Number CE 09010037, 1213 Thurston Avenue, Sebring, FL 33870. See Subdivision file.

J. Request approval of a Satisfaction of Lien on Case Number CE 07100065, 1101 CR 17 N., Lake Placid, FL 33852. See Subdivision file.

K. Request approval of a Satisfaction of Lien on Case Number CE 09030150, 223 Red Pine Drive, Sebring, FL 33872. See Subdivision file.

L. Request approval of a Satisfaction of Lien on Case Number CE 10040056, 102 Robin Avenue, Sebring, FL 33872. See Subdivision file.

M. Request approval of Satisfaction of Mortgages with respect to the State Housing Initiative Partnership (SHIP) Program. See Satisfaction of Mortgages file.

8. PUBLIC HEARING: Public Hearing to consider a proposed Ordinance to amend Article III of Chapter 11, for Nonconsensual Immobilization, Towing, Removal and Storage of Vehicles. Mark Hill, Development Services Director, and Linda Conrad, Zoning Supervisor, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Ms. Conrad read the caption of the Ordinance into the record. Ross Macbeth, Board Attorney, briefly addressed each section of the Ordinance.

Mike Durham, Counsel for the Sheriff’s Office, addressed the Ordinance and suggested several changes. Input was received from Richard Macklin, Tom Macklin, Deborah Witmer, J.P. Fane, Major Mark Schrader, and Beverly Ragland. The Commission addressed their concerns. Mr. Macbeth read the changes made to the proposed Ordinance.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to adopt the submitted Ordinance (B version), as revised, for Nonconsensual Immobilization, Towing, Removal and Storage of Vehicles.

Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 14 & SMB 86 Page 67.

041211REG BOOK 21 PAGE 892

Break: 10:43 a.m. to 10:56 a.m.

9. ACTION: Ricky Helms, County Administrator, suggested pulling item 9B and moving item 9D-1 up to item 9A. Mr. Helms also requested to briefly visit the issue of setting the time for the joint meeting with the School Board of Highlands County. Commissioner Stewart stated that they also need to take action on the appointment of Jerome Kaszubowski to the Florida Rural Broadband Alliance (FRBA) Board.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda with the amendment of moving item D1 to item A; making item A item B; deleting old item B; item C remains the same; item D2 becomes item D1; and the addition of a new item D2, to approve the confirmation of Jerome Kazsubowski to the FRBA Committee.

Upon roll call, all Commissioners voted aye. The motion carried.

A. County Administrator: Request for confirmation of County Veteran Services Officer. Ricky Helms, County Administrator, presented the request for confirmation of Denise Williams as the County Veteran Services Officer. Ms. Williams addressed the Board. Public input was received from Billie Jewett.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to confirm the appointment of Denise Williams to the position of County Veteran Services Officer.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 68.

B. Acting County Veteran Services Officer: Request to appoint a member to the Veteran Advisory Board. This item was pulled from the agenda. See SMB 86 Page 69.

B. Presentations and budget discussions: Road & Bridge Superintendent: Presentation on the Road & Bridge Department. Kyle Green, Road & Bridge Superintendent, gave a brief presentation on the Road & Bridge Department and commented on their budget. The Commission addressed their comments and concerns. Public input was received from Bill Youngman, Gabriel Read, and John Drennan. The Commission thanked Mr. Green for his presentation. See SMB 86 Page 70.

C. Board Attorney: TD Bank E-Verify Discussion. Ross Macbeth, Board Attorney, briefly addressed the Employment Eligibility Verification language proposal received from TD Bank. Public input was received from Bill Youngman, John Drennan, and Gabriel Read. The Commission addressed their concerns. Ricky Helms, County Administrator, and Gerald Secory, Administrative Services Director, addressed the concerns raised by the Commission. Commissioner Elwell suggested pulling the item until more information was acquired from the Negotiations Committee meeting scheduled today with representatives from TD Bank.

041211REG BOOK 21 PAGE 893

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Employment Eligibility Verification document as presented by TD Bank.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See SMB 86 Page 71.

D. County Administrator:

1. Request for confirmation of County Veteran Services Officer. This item was moved up to item 9A.

1. Request for approval of the restructure of the County Administration Department and the associated Job Descriptions Ricky Helms, County Administrator, presented the request. The Commission addressed their comments and concerns on the establishment of an Administrative Manager position and the Assistant County Administrator/Community Services Division Director position. Mr. Helms stated that the salary for the proposed new position of Administrative Project Manager would be $59,143, with the benefits included in the amount; and the salary for the Assistant County Administrator/Community Services Division Director position would be $162,894, with the benefits also included in the amount. Commissioner Elwell stated that at this particular time, he has real difficulty approving a pay increase of about $16,000 for the current Community Services Division Director to take the responsibilities of Assistant County Administrator, because of cuts they may have to make during the budget process.

Commissioner Elwell made a motion to move to approve the restructure of the County Administration department as provided, with the Assistant County Administrator/Community Services Division Director salary maintained at the previous administration level of $146,852, including benefits. The motion died for lack of a second.

After discussion, Commissioner Richie made a motion, to move to approve the restructure of the County Administration department and the associated job descriptions. Commissioner Harris seconded the motion.

Commissioner Elwell questioned if the motion included the $16,000 pay increase for the Assistant County Administrator/Community Services Division Director position. Commissioner Richie stated yes. Public input was received from Gabriel Read and John Drennan.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See SMB 86 Page 72.

Mr. Helms briefly informed the Commission that the School Board of Highlands County has indicated a meeting time of 5:30 p.m. for the joint meeting with the Commission on Monday, May 9, 2010 at the Commission Chambers. The Commission agreed with the time.

2. Request for approval of the restructure of the County Administration Department and the associated Job Descriptions. This item was moved up to item 9D-1.

041211REG BOOK 21 PAGE 894

2. Request for appointment of Jerome Kaszubowski as alternate member to the Florida Rural Broadband Alliance. Ricky Helms, County Administrator, presented the request.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve Jerome Kaszubowski as the alternate member to the Florida Rural Broadband Alliance (FRBA) Board.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 73.

10. CITIZENS NOT ON THE AGENDA

Rick Ingler came before the Board to request that the back up material attached to the online agenda be re-posted if any changes occur before the meeting takes place; and requested that any additional information submitted to the Commission during the meeting be available for the public to view at the beginning of the meeting. Mr. Helms stated that they will take care of this in the future.

11. COMMISSIONERS:

Commissioner Richie: Commissioner Richie commented on the meeting he attended yesterday with residents of Highway Park.

Commissioner Elwell: No report.

Commissioner Harris: Commissioner Harris commented on his visit to the Vercipia bio-fuel plant.

Commissioner Stewart: No report.

12. ADJOURN The meeting adjourned at 1:10 p.m.

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REGULAR MEETING OF THE BOARD, APRIL 19, 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 R. Greg Harris Commissioner Don Elwell Commissioner Jack L. Richie

Commissioner Stewart was absent from this meeting.

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 Jerome Kaszubowski. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS Commissioner Harris announced that Mr. Bill Youngman was in the hospital and asked that everyone keep him in their thoughts and prayers.

Apr. 21 9:30 am Community Health Improvement Planning Council Children’s Advocacy Center, 1968 Sebring (CHIP) Parkway, Sebring, FL Apr. 21 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff’s Tower Road, Sebring, FL

Friday, April 22, 2011 County Offices closed in observance of Good Friday.

Apr. 27 1:30 pm Transportation Disadvantaged Multi-County Local Hardee County Board of County Commission Coordinating Board Chambers, 412 W. Orange St., Wauchula, FL Apr. 27 4:00 pm Natural Resources Advisory Commission Room 3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL

A. Other meetings:

The Heartland Workforce Board will meet at the South Florida Community College – Arcadia campus at 1:30 p.m. on Wednesday, April 20, 2011.

The United Way Annual meeting will be on Wednesday, April 20, 2011 at 7:30 a.m. at the Kenilworth Lodge in Sebring.

The Sebring Airport Authority Board meeting will be on Thursday, April 21, 2011 at 1:00 p.m. at the Sebring Airport.

4. CLERK: Bob Germaine, Clerk of Courts, announced that the Day of Prayer will be held at 11:00 a.m. on Thursday, May 5, 2011 at the courthouse lawn. Following the ceremony, a luncheon will be held at the Heartland Christian School and Judge Angela Cowden will be a special speaker. Tickets for the luncheon are $10 and anyone interested can call Jerome Kaszubowski at (863) 835-0157, Kathy Whitlock at (863) 381-7925, or Heartland Christian School at (863) 385-3850.

5. CONTITUTIONAL OFFICERS: A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

041911REG BOOK 21 PAGE 896

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Jessica Prescott, Planner, Development Services Department: Proclamation in recognition of “Highlands Turns 90”, followed immediately afterward by a 30-minute break for the Anniversary Celebration. Mike Brennan, from U.S. Senator Marco Rubio’s office, read a letter sent to the County from the Senator. Jessica Prescott, with the Planning Department, introduce Ms. Anne Reynolds, Chairman of the Highlands County Historic Preservation Commission, to the Board. Ms. Reynolds introduced other members of the Preservation Commission and read the Proclamation into the record.

Break: 9:15 a.m. to 9:45 a.m.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation celebrating “Highlands Turns 90” day.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 8 & SMB 86 Page 74.

7. CONSENT AGENDA: Commissioner Elwell requested item 7C be moved to the action agenda for separate voting and requested an explanation on item 7O. Commissioner Richie requested an explanation for the public on items 7F and 7Q. Linda Conrad, Zoning Supervisor, and April Hartseil, Code Enforcement Officer, addressed item 7F. Scott Canaday, Interim Emergency Management Director, addressed item 7Q. Chris Benson, with the Engineering Department, addressed item 7O. Ricky Helms, County Administrator, requested to pull item 7N from the consent agenda. Public input was received from John Drennan and Michael Berry.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda moving items 7C to 8E-1 and pulling 7N to be included at a future date. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 19, 2011. See Check Report 2011 file.

GENERAL FUND 194,589.73 COUNTY TRANSPORT TRUST 23,716.33 FL BOATING IMPROVEMENT 4,427.84 LOCAL GOVT INFRA SURTAX 104,979.64 STATE COURT FACILITIES TF 2,148.00 COURT TECH 28.24 (12) (E) 1 202.92 SOLID WASTE 19,422.91 PLACID UTILITIES 3,921.66 HIGHWAY PARK UTILITY 14.59 ENERGY RECOVERY 51,483.56

B. Request approval of the minutes for the Board of County Commissioners and Special Benefit Districts for April 5, 2011. See Clerk of Courts website.

C. Request approval to cancel the April 26, 2011 Board of County Commissioners and Special Districts meeting. This item was moved to the action agenda under 8E.

D. Request to accept into the record the Governmental Accounting Standards Board (GASB) 43 & 45 Other Post Employment Benefits (OPEB) Actuarial Report for Fiscal Year ending September 30, 2010. See SMB 86 Page 75.

041911REG BOOK 21 PAGE 897

E. Request to approve a Release of Notice of Nuisance on Case Number CE 06080258, 587 Serenede Terrace, Lake Placid, Florida 33852. See Subdivision file.

F. Request to approve a Release of Notice of Nuisance on Case Number CE 05030022, 375 Highlands Boulevard, Lake Placid, FL 33852. See Subdivision file.

G. Request to approve a Release of Notice of Nuisance on Case Number CE 00010045, 1400 Sunset Drive, Sebring, FL 33870. See Subdivision file.

H. Request to approve a Release of Notice of Nuisance on Case Number CE 9495-007, 3801 Rushlo Street, Sebring, FL 33870. See Subdivision file.

I. Request to approve a Release of Notice of Nuisance on Case Number CE 92-193, 1007 Aster Street, Lake Placid, FL 33852. See Subdivision file.

J. Request to approve a Satisfaction of Lien on Case Number CE 10070130, 4431 Shad Drive, Sebring, FL. See Subdivision file.

K. Request to approve a Release of Notice of Nuisance Satisfaction of Lien on Case Number CE 08030168, 1114 Peel Street, Avon Park, FL 33825. See Subdivision file.

L. Request to approve a Release of Notice of Nuisance Satisfaction of Lien on Case Number CE 07010174, 1105 CR 17 North, Lake Placid, FL 33852. See Subdivision file.

M. Request for Amended Lien on Case Number CE 0707020026, 111 Cochran Drive, Lake Placid, FL 33852. See Subdivision file.

N. Request for Amended Lien on Case Number CE 10060047, 175 E.A. Smith Avenue, Lake Placid, FL 33852. See SMB 86 Page 76.

O. Request for approval of Florida Department of Transportations Exhibit “A” FY 11/12 Work Order for Highway Lighting Maintenance & Compensation Agreement, Contract #AM847 along with accompanying Resolution. See FDOT file & Res. Book 24 Page 9.

P. Request to approve two (2) Drainage Easements on Oakview Drive from Ronald J. Krpata and Carol Krpata and Rose M. Vander Veer with an estimated fiscal impact of $2, 523.90. See County Deed 2011 file.

Q. Request for acceptance of reallocation of State Homeland Security Grant Program funds for FY 2008 and approval of Resolution & Budget Amendment 10-11-090 with a fiscal impact of $13,757.61. See Emergency Management file.

R. Request approval of Resolution & Budget Amendment #10-11-097 from the Tourist Development Council for forthcoming sponsorships through the balance of the fiscal year with a fiscal impact of $50,000.00. See Budget Amendment 2011 file, Res. Book 24 Page 10 & SMB 86 Page 77.

8. ACTION: Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda with the addition of item 8E-1. Upon roll call, all Commissioners voted aye. The motion carried.

041911REG BOOK 21 PAGE 898

A. Presentation and budget discussions: Road & Bridge Superintendent: Presentation on the Asphalt Plant. Kyle Green, Road & Bridge Superintendent, gave a brief presentation on the Asphalt Plant. The Commission addressed their concerns. Public input was received from Dale Wilson, Michael Berry, and John Drennan. The Commission thanked Mr. Green for his presentation. See SMB 86 Page 78.

B. Clerk of Courts Accounting Director: Presentation of the Interim Financial Report of Key Operating Performance Measures as of March 31, 2011. Tasha Morgan, Clerk of Courts Accounting Director, briefly presented the Interim Financial Report of Key Operating Performance Measures as of March 31, 2011. Public input was received from Dale Wilson. The Commission addressed their comments and concerns.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to accept into the record the presentation of the Interim Financial Report of Key Operating Performance Measures as of March 31, 2011.

Upon roll call, all Commissioners voted aye. The motion carried. See Clerk’s Financial Reporting file.

C. Interim Executive Director IDA/EDC & County Engineer: Review of the proposed Economic Development Ad Valorem Tax Abatement Program for Highlands County. Chris Benson, with the Engineering Department, and John Tallent, with the Tax Abatement Committee, presented the proposed scoring guideline options 1 through 4 for the Tax Abatement Program. Mr. Tallent stated that the Tax Abatement Criteria Committee recommended that the Board adopt option 3. Commissioner Elwell addressed his concerns towards option 3 and stated that he would prefer option 4. The Commission came to a consensus to set a public hearing in May to consider option 3, as recommended by the Committee, or option 4. Public input was received from John Drennan. Ray Royce, as member of the Heartland Ag Coalition, advised the Commission to keep an open mind on option 3. Rick Ingler, as member of the Tax Abatement Criteria Committee, advised the Commission to put out the most aggressive plan that they can and stated that he is in favor of option 3 and very much against option 4. The Commission thanked Mr. Benson and Mr. Tallent for their presentation. See SMB 86 Page 79.

D. Board Attorney: No report.

E. County Administrator:

1. Consent Agenda item 7C – Request approval to cancel the April 26, 2011 Board of County Commissioners and Special Districts meeting. This item was pulled as it was already approved on March 8, 2011. See SMB 86 Page 80.

9. CITIZENS NOT ON THE AGENDA No participants.

10. COMMISSIONERS

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: No report.

¾ Commissioner Harris: No report.

11. ADJOURN The meeting adjourned at 11:57 a.m.

041911REG BOOK 21 PAGE 899

REGULAR MEETING OF THE BOARD, MAY 3, 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 R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Harris. The Pledge of Allegiance was led by Caesar Pinzon, President of the Highlands County Veteran’s Council.

3. ANNOUNCEMENTS

May 3 2:00 pm Highlands Soil & Water Conservation District Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring Apr. 5 7:00 pm Construction Licensing, Enforcement & Appeals Board Board room, 600 S. Commerce Ave., Sebring May 5 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring May 9 5:30 pm Joint meeting of the Highlands County Board of County Board room, 600 S. Commerce Ave., Sebring Commissioners and the School Board of Highlands County May 9 9:00 am Highlands County Homeowners Association 3240 Grand Prix Drive, Sebring

A. Other meetings:

¾ The United Way “Day of Caring” will be tomorrow, May 4, 2011.

¾ The Law Day Luncheon will be on Friday, May 6, 2011 at 12:30 p.m.

¾ U.S. Representative Tom Rooney, will be at the Quality Inn on Friday, May 20, 2011 from 12:00 p.m. to 1:00 p.m. during a luncheon meeting with the Highlands Tea Party. Contact John Nelson at (863) 385-8274 for luncheon tickets.

¾ The Highlands Tea Party will be hosting the “Salute to Veterans” event on Saturday, May 21, 2011, from 11:00 a.m. to 1:00 p.m. at Stuart Park in Lake Placid. For more information you can call (863) 699-0743 or visit www.thehighlandsteaparty.com.

4. CLERK: Bob Germaine, Clerk of Courts, briefly announced that the Purchasing Card Continuous Audit has been completed and will be posted to the Clerk’s website at www.hcclerk.org. Mr. Germaine reminded everyone of the National Day of Prayer ceremony on May 5, 2011 at 11:00 a.m. at the Courthouse lawn. Following the ceremony, the “Adopt a Leader Luncheon” will take place at the Heartland Christian School.

5. CONSTITUTIONAL OFFICERS: A. Sheriff: No report. B. Property Appraiser: No report. C. Tax Collector: No report. D. Supervisor of Elections: No report.

050311REG BOOK 21 PAGE 900

Gary Ritter, with the South Florida Water Management District – Okeechobee Service Center, stated that our area is still under water restrictions and commented on water levels for Lake Istokpoga and Lake Okeechobee. Mr. Ritter announced that the Indian Prairie Basin meeting will be tomorrow, May 3, 2011 at 2:00 p.m. at the Lake Worth Civic Center.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Administrative Services Director: Presentation of Years of Service Awards. Gerald Secory, Administrative Services Director, invited the Commission and Ricky Helms, County Administrator, to come forward to present awards to several employees in recognition of their years of service to Highlands County. See SMB 86 Page 81.

B. County Administrator: Presentation of an award from United Way. Ricky Helms, County Administrator, presented a “Top Dollar” Plaque to the Commission, received from United Way, in recognition of the contributions made by the employees of the Highlands County Board of County Commissioners to United Way.

C. Mr. Curtis De Young, Chairman, Natural Resources Advisory Commission: Request approval of a Resolution posthumously honoring Torsten Rothman as a distinguished member of the Highlands County Natural Resources Commission. Mr. De Young, Chairman of the Natural Resources Advisory Commission, read into the record a Resolution presented to Ms. Carolyn Rothman, in recognition of her husband, Torsten Rothman, as a distinguished member of the Highlands County Natural Resources Advisory Commission and his service to the environment of the County.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the Resolution honoring Torsten Rothman as a distinguished member of the Highlands County Natural Resources Commission.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 11 & SMB 86 Page 82.

7. CONSENT AGENDA:

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits May 3, 2011. See Check Report 2011 file.

General Fund 2,594.328.91 Hurricane Housing Rec Pro 1,105.00 County Transport Trust 10,416.47 Sebring Parkway Maint 626.64 E911 Operations Fund 68,037.81 Building Fund 223.98 Intergovt Radio Communica 1,872.07 Solid Waste 185,749.73 Local Govt Infra Surtax 58,754.92 Placid Utilities 10,515.64 Tourist Dev Trust Fund 4,396.69 Highway Park Utility 1,636.23 Affordable Housing Asst 15,982.10 Energy Recovery 33,894.22 Home Initiatives Partner 52,771.62 Employee Benefit Fund 3.57

050311REG BOOK 21 PAGE 901

B. Request approval of the minutes for the Board of County Commissioners Regular and Special Benefits District meetings for April 12, and 19, 2011. See Clerk of Courts website.

C. Request approval of Resolution & Budget Amendment #10-11-094 for insurance proceeds for a Road & Bridge insurance claim with a fiscal impact of $11,001. See Budget Amendment 2011 file, Res. Book 24 Page 12 & SMB 86 Page 83.

D. Request approval of Resolution & Budget Amendment #10-11-099 for the Purchase Card Rebate Project #03067 with a fiscal impact of $13,225.61. See Budget Amendment 2011 file, Res. Book 24 Page 13 & SMB 86 Page 84.

E. Request approval of Resolution & Budget Amendment #10-11-105 authorizing amendment to the Local Government Infrastructure Surtax Fund to increase the insurance proceeds account by $15,960.28 and subsequently transfer the same amount to the signals account. See Budget Amendment 2011 file, Res. Book 24 Page 14 & SMB 86 Page 85.

8. ACTION:

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. County Administrator: Request for confirmation of Scott Canaday as Emergency Management Director. Ricky Helms, County Administrator, presented the request. Mr. Helms stated that he was advised of concerns over the salary that he offered to Mr. Canaday and would like to clear up those concerns before requesting his confirmation. Ross Macbeth, Board Attorney, requested that the Board table this item until they know whether Mr. Canaday chooses to be present during the discussion.

B. Library Services Director: Request approval of a renovation to the Sebring Public Library with a fiscal impact of $141,468. Mary Myers, Library Director, and Debra Worley, Chairman of the Heartland Library Advisory Board, presented the request. The Commission addressed their comments and thanked Ms. Myers and Ms. Worley for their presentation.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Sebring Public Library renovation project.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 86.

Continuation of item 8A.

Mr. Macbeth stated that Mr. Canaday indicated that he had been following the meeting on the Clerk’s website and there was no need to repeat what was already said. Commissioner Stewart questioned Mr. Canaday’s current salary. Ricky Helms, County Administrator, stated

050311REG BOOK 21 PAGE 902

that it was $23.85 per hour and stated that he made a salary offer to Mr. Canaday of $25.30 per hour, which amounts to $52,624 per year, for the Emergency Management Director position. Each Commissioner addressed their concerns.

Mr. Helms requested that the Commission waive the Board’s Personnel Policy that does not allow an employee to work out of class for more than one year, if the Commission was not going to confirm Mr. Canaday today. In addition to that, Mr. Helms indicated that he will need to discuss with Mr. Canaday whether he is willing to accept the position at his current pay rate. And last, Mr. Helms requested clarification from the Board whether they wish him to bring every hiring decision to the Board to ask if the hiring salary is appropriate.

Commissioner Stewart and Commissioner Elwell stated that they have no need to review each hiring decision.

Commissioner Harris made a motion to confirm the appointment of Scott Canaday to the position of Emergency Management Director as presented. The motion died for lack of a second.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to waive the personnel policy regarding the one year working out of class and to instruct Mr. Helms to have discussions with Mr. Canaday regarding accepting the title of Emergency Management Director at his current salary, for the time being.

Public input was received from Gabriel Read.

Upon roll call, all Commissioners voted aye, except Commissioner Harris, who voted nay. The motion carried. See SMB 86 Page 87.

C. County Engineer: Request approval of a single written proposal from Planning and Economics Group to prepare bid documents for the County’s Recycling Program and requests the Board waive their Purchasing Policy’s requirement of two or more written quotations, Section 3.50.0, a Contract by Purchase Order will be issued incorporating single written proposal with a fiscal impact of $15,000.00. Ramon Gavarrete, County Engineer, presented the request. The Commission addressed their comments and concerns. Public input was received from Bill Youngman and John Drennan.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to accept the single written quote/proposal from Planning and Economics Group and waive the Board’s Purchasing Policy Section 3.50.30 that requires a minimum of two written quotations for outside purchases between $5,000.01 and $25,000.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 88.

Break: 10:35 a.m. to 10:48 a.m.

050311REG BOOK 21 PAGE 903

D. Director of Tourism:

1. Request to approve the recommendation of the Tourist Development Council to re-appoint Mark Stewart to the Tourist Development Council for a term of four years expiring on May 1, 2015. John Scherlacher, Director of Tourism, presented the request and addressed the composition of the Tourist Development Council. The Commission addressed their concerns. Eileen May, CEO of the Greater Lake Placid Chamber of Commerce, addressed the Commission. Ross Macbeth, Board Attorney, requested that the terms begin on May 3, 2011 and end on May 2, 2015.

Commissioner Richie made a motion to move to appoint Sonja Warner, with the Holiday-Inn Express, to the Tourist Development Council. The motion died for lack of a second.

Commissioner Harris made a motion to move to approve the recommendation of the Tourist Development Council to re-appoint Mark Stewart for the terms as described. The motion died for lack of a second.

Commissioner Elwell made a motion to move to appoint Sherry Bartley to the vacant position on the Tourist Development Council Board. Commissioner Harris seconded the motion.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 89.

2. Request to approve the recommendation of the Tourist Development Council to re-appoint John Ruggiero, Tres Stephenson and Sandie Greenslade to the Tourist Development Council for a term of four years expiring on May 2, 2015. John Scherlacher, Director of Tourism, presented the request and stated that the recommended individuals are involved in the tourist industry and have deomonstrated an interest in tourist development, but are not owners or operators of hotels/motels. Public input was received from Mr. Sam Timms.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the recommendation of the Tourist Development Council to re-appoint John Ruggiero, for the term of May 3, 2011 through May 2, 2015; move to approve the recommendation of the Tourist Development Council to re-appoint Tres Stephenson for the term of May 3, 2011 through May 2, 2015; and move to approve Mr. Sam Timms for the term of May 3, 2011 through May 2, 2015.

Upon roll call, all Commissioners voted aye. The motion carried. Commissioner Stewart gave direction to Mr. Scherlacher to send a letter to Mr. Mark Stewart and Ms. Sandie Greenslade thanking them for their services. See SMB 86 Page 90.

E. Presentations and budget discussions:

1. Road & Bridge Superintendent: Presentation of the bridge and concrete crew, maintenance shop, Right of Way maintenance and Highlands County Shell Pit. Kyle Green, Road & Bridge Superintendent, gave a brief presentation on the functions and budget of the bridge and concrete crew, the maintenance shop, the right-of-way mainentence

050311REG BOOK 21 PAGE 904

and the Highlands County Shell Pit. The Commission addressed their concerns and thanked Mr. Green for his presentation. See SMB 86 Page 91.

2. EMS Director: Presentation of the Emergency Medical Service (EMS). Steve Coltharp, EMS Director, gave a brief presentation on the functions and budget of the Emergency Medical Services Department. The Commission addressed their concerns and thanked Mr. Coltharp for his presentation. See SMB 86 Page 92.

F. Board Attorney: Ross Macbeth, Board Attorney, stated that an agreement with TD Bank for banking services may come before the Board next week for the Commission’s consideration.

G. County Administrator:

1. Request approval to appoint Terrill Morris, and re-appoint Mark Andrews to the and Industrial Park Community Redevelopment Agency for a four (4) year term effective May 1, 2011. Ricky Helms, County Administrator, presented the request.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to appoint Terrill Morris, and re-appoint Mark Andrews to the Sebring Regional Airport and Industrial Park Community Redevelopment Agency for a four (4) year term effective May 3, 2011.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 93.

2. Request to authorize the County Administrator to sign the Short Form Consent Order accepting the Florida Department of Environmental Protection offer to resolve the violation of Rule 62-210.300. Ricky Helms, County Administrator, presented the request. Public input was received from Bill Youngman and John Drennan.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to authorize the County Administrator to sign the Short Form Consent Order accepting the Florida Department of Environmental Protection offer to resolve the violation of Rule 62- 210.300(3)(c)2.d., Florida Administrative Code and payment of the civil penalty. The Payment of the civil penalty does not constitute an admission of liability.

Upon roll call, all Commissioners voted aye. The motion carried. See FDEP file.

3. Request approval of Budget Amendment #10-11-100 for Medical Examiner funds with a fiscal impact of $70,745 from Reserve for Contingency. Ricky Helms, County Administrator, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment #10-11-100.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 86 Page 94.

050311REG BOOK 21 PAGE 905

4. Request approval of Resolution & Budget Amendment #10-11-102 for unemployment charges for various departments with a fiscal impact of $26,972.80 from Reserve for Contingency. Ricky Helms, County Administrator, presented the request. Public input was received from John Drennan.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment #10-11-102 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 15 & SMB 86 Page 95.

5. Request approval of Resolution & Budget Amendment #10-11-109 for costs associated with sale of Tax Certificates with a fiscal impact of $359,270 partially from Reserve for Contingency. Ricky Helms, County Administrator, presented the request. The Commission addressed their concerns. Eric Zwayer, Highlands County Tax Collector, and Lynn Marine, with the Tax Collector’s Office, addressed the Commission’s concerns.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment 10-11-109.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 & SMB 86 Page 96.

9. CITIZENS NOT ON THE AGENDA:

¾ John Drennan commented on health insurance.

¾ Bill Youngman commented on the procedure used for the public to speak on an agenda- related issue. See SMB 86 Page 97.

10. COMMISSIONERS:

¾ Commissioner Elwell: No report.

¾ Commissioner Richie: Commissioner Richie commented on the Duck Pluck event that he attended on Saturday in Lake Placid.

¾ Commissioner Harris: Commissioner Harris commented on the D.A.R.E. celebration that he attended at South Florida Community College last week.

¾ Commissioner Stewart: Commissioner Stewart briefly stated staff has always tried to make sure that the public is informed about items on the agenda before the meeting or at the meeting and that the key for input is to receive comments from the public.

11. ADJOURN The meeting adjourned at 12:48 p.m.

050311REG BOOK 21 PAGE 906

Joint Meeting of the HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS and the SCHOOL BOARD OF HIGHLANDS COUNTY

May 9, 2011

1. The meeting was called to order at 5:30 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Highlands County Board of County Commissioners: R. Greg Harris, Jack L. Richie, Don Elwell, and Barbara A. Stewart.

Also present: Ricky Helms, County Administrator; J. Ross Macbeth, County Attorney; Robert W. Germaine, Clerk of Courts; and Pamela Nava.

School Board of Highlands County: Andy Tuck, J. Ned Hancock, Ronnie Jackson, Bill Brantley, and Donna Howerton.

Also present: Wally Cox, Superintendent, and John McClure, School Board Attorney.

Ricky Helms, County Administrator, stated that the meeting was properly noticed in the newspaper and a Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file for copy.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Mr. J. Ned Hancock. The Pledge of Allegiance was led by Commissioner Don Elwell.

3. Supervisor of Elections Joe Campbell: Discussion on redistricting. Joe Campbell, Supervisor of Elections, gave a brief report on the redistricting process and stated that the State Constitution says that the County Commissioners are responsible for local redistricting. Mr. Campbell requested that the Board of County Commissioners and the School Board appoint a person to work jointly on this issue and to take certain issues into consideration; like not moving an incumbent or a candidate out of their district, or not cutting subdivisions or city limit boundaries.

Commissioner Stewart questioned if this should be done as soon as possible. Mr. Campbell stated yes. Commissioner Stewart questioned if the School Board’s districts have to mirror the County Commission’s districts. Mr. Campbell stated that they do not have to, but would be easier to mirror the County’s districts, in case the County ever goes into a single district representative system.

4. County Engineer: Discussion on school vehicular and pedestrian traffic concerns along the Sebring Parkway. Ramon Gavarrete, County Engineer, opened up discussion for concerns received from the School Board regarding school traffic safety. Mr. Gavarrete listed the four concerns received and addressed the responses to those concerns, recommending the following: 1) Installation of Sebring High School Speed Zone; 2) Installation of high-visibility crosswalks at all school

050911JointMeeting BOOK 21 PAGE 907

signalized intersections; 3) Installation of “No turn on Red” signs at all school signalized intersections; and 4) Widening of the Sebring High School entrance/exit and sidewalk extension. Mr. Gavarrete stated that if the recommendations were approved, they would request that the School Board dedicate a 5 ft. to 7 ft. easement to the County for the sidewalk extension. Mr. Gavarrete stated that the improvements would be done during the summer time when students are not in school.

Mr. Hancock thanked everyone who worked on this issue. Superintended Cox stated that the dedication of the easement is not an issue and will work together with the County to make it happen.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the following: 1) Installation of Sebring High School Speed Zone from Josephine Street to north of Commerce Avenue; 2) the installation of high-visibility crosswalks at all school signalized intersections, excluding Youth Care Lane; 3) the installation of “No Turn on Red” signs at all school signalized intersections, again excluding Youth Care Lane; and 4) the widening of the Sebring High School entrance/exit, including the installation of a sidewalk east from the High School to Thurston Avenue.

Commissioner Richie requested that the motion include a limited expenditure cost of $115,395.00.

Commissioner Elwell included the following sentence in his motion: That the cost is not to exceed $115,395.00 and funds will be taken from the current Sebring Parkway Phase II project. Commissioner Harris also included the sentence in his second.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 86 Page 99.

5. Administrative Services Director: Discussion on the proposed employee health clinic. Gerald Secory, Administrative Services Director, opened up discussion on the proposed employee health care center. Mr. Secory stated that he has met with Mr. Mike Averyt and Mr. Bo Birt, School Board staff, to inform them where they are on their bid documents. Mr. Tuck questioned how many hours a week the proposed clinic would be operating and what those hours would be. Mr. Secory stated that it is currently proposed for 32 hours a week and the times would be worked out during the bid process. Commissioner Stewart requested that Mr. Secory involve the local medical community, not only to get them to bid, but to get input from them as well. Commissioner Elwell, Commissioner Harris, and Commissioner Richie concurred with Commissioner Stewart to give direction to Mr. Secory to contact the local medical community. The Commission concurred that they also need information on success rates and failed rates. Commissioner Richie thanked Mr. Secory for the marvelous work done on this project.

Superintendent Cox thanked the Board of County Commission staff for inviting the School Board staff and stated that at the time, they are not ready to make a recommendation. Commissioner Stewart stated that one of the significant savings presented to them was the cost of prescriptions and questioned Mr. Cox if they have looked into working with some of the drugstores to lock in pricing. Mr. Bo Birt, School Board Finance Director, stated that they have not looked at that part of the insurance yet and stated that he plans to attend the

050911JointMeeting BOOK 21 PAGE 908

County’s next Insurance Committee meeting and that they have already invited the County staff to attend the School Board’s Insurance Committee meeting. Mr. Tuck stated that he would like to receive comments from the hospitals present. Mr. Tim Cook, with Florida Hospital, and Mr. Bob Mahaffey, with Highlands Regional, addressed their comments.

Mr. Secory stated that he will contact the medical community and will keep an open communication with the School Board. See SMB 86 Page 100.

6. Discussion on combining departmental mowing operations. Ricky Helms, County Administrator, stated that this item was listed and advertised as part of the agenda, but since then found that the School Board does contract out their mowing operations, and no formal presentation was provided. Superintendent Cox stated that they will be glad to provide cost information. Mr. Mike Averyt presented a copy of lawn care bids from the School Board to the Commission. See SMB 86 Page 101.

Ms. Howerton stated that, on behalf of the School Board, this meeting setting was a good tool for sharing input on cost savings. Superintendent Cox expressed his appreciation on the support received from the Board of County Commissioners on the school safety issues and in the funding of those safety projects.

7. ADJOURN The meeting adjourned at 6:54 p.m.

050911JointMeeting BOOK 21 PAGE 909

REGULAR MEETING OF THE BOARD, MAY 10, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, Jerome Kaszubowski, and Pamela Nava.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ricky Helms, County Administrator. The Pledge of Allegiance was led by Roger Hood, with the Heartland Workforce.

3. ANNOUNCEMENTS

May 10 3:00 pm Planning & Zoning Commission and the Local Boardroom, 600 S. Commerce Ave., Planning Agency and the Zoning Board of Adjustment Sebring, FL May 11 9:30 am Highlands County Affordable Housing Advisory Room 3, Bert J. Harris, Jr. Agricultural Committee Center, 4509 George Blvd., Sebring, FL May 12 1:30 pm Public Hearing of the Highlands County Code Boardroom, 600 S. Commerce Ave., Enforcement Special Magistrate Pamela T. Karlson Sebring, FL May 12 2:30 pm Historic Preservation Commission 501 S. Commerce Ave., Sebring, FL

A. Other meetings:

¾ The ribbon cutting ceremony for the new Public Defender building will be held on May 17, 2011 at 10:30 a.m.

¾ The Insurance Committee will meet on May 19, 2011 at 10:00 a.m.

¾ The Highlands County Lakes Association will meet on May 10, 2011 at 5:30 p.m. at the Agricultural Center.

¾ The Central Florida Regional Planning Council will meet on May 11, 2011 at 9:30 a.m. at the Sebring Airport.

¾ The Highlands Tea Party will show a movie tonight about the education system in our Country.

¾ U.S. Representative Tom Rooney will be at the Quality Inn on May 20, 2011 from 12:00 p.m. to 1:00 p.m. during a luncheon with the Highlands Tea Party. Advanced tickets are $10.00 and $12.00 at the door.

¾ The Highlands Tea Party will be hosting the “Salute to Veterans” event on Saturday, May 21, 2011, from 11:00 a.m. to 1:00 p.m. at Stuart Park in Lake Placid.

¾ The Annual Police Memorial will be held on May 12, 2011 at 9:00 a.m. in the Boardroom.

¾ Mr. Bill Youngman stated that they have arranged a tour of the Asphalt Plant on May 12, 2011 at 10:00 a.m.

051011REG BOOK 21 PAGE 910

4. CLERK: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts monthly report for April 2011. Mr. Germaine also commented on the Clerk’s website, www.hcclerk.org, and stated that through the website, the Clerk’s office brings the office to the public. The Clerk’s office is currently working on having all of their Official Records online from 1921 to current. Public input was received from Gabriel Read on foreclosures. Commissioner Stewart requested that June Fisher, Assistant County Administrator, give a brief statement about the Hardest Hit Foreclosure Program in the near future. See SMB 87 Page 1.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: 1. Request approval to expend funds from the State Forfeiture Fund. Sheriff Benton presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the expenditure of State Forfeiture Funds for Missing Children’s Day 2011. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 2.

2. Request approval of Budget Amendment 10-11-118. Sheriff Benton presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the related Budget Amendment for the above action request dated May 17, 2011. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 87 Page 3.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

Gary Ritter, with the South Florida Water Management District – Okeechobee Service Center, stated that the Water Management District currently does not have a full Board and does not have an executive director. Mr. Ritter stated that the new Chairman of the Board is Joe Collins, from Lykes Brothers. Commissioner Stewart requested that staff write a letter for her signature, on behalf of the Commission, to congratulate Mr. Collins on his appointment.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA: Ricky Helms, County Administrator, requested to pull item 7C from the consent agenda. Commissioner Elwell declared a conflict of interest on item 7A, which contains a payment to Alan Jay, Commissioner Elwell’s current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record. Public input was received from Gabriel Read, John Drennan, Dale Wilson, Rick Ingler, and John Nelson. Gerald Secory, Administrative Services Director, and Jeannie Dubenion, with Healthy Families, addressed the public’s concerns. Commissioner Stewart requested that Ms. Dubenion give a brief presentation on the Healthy Families Program on the last meeting of this month.

051011REG BOOK 21 PAGE 911

A. Request approval to pay all duly authorized bills and employee benefits May 10, 2011. (This item was pulled for separate voting due to a conflict of interest.)

B. Request approval of Subcontract Amendment 2 for Grant Subcontract Agreement #HF-10-11-42 for fiscal year 2010-2011 between the Ounce of Prevention Fund of Florida, which oversees the Healthy Families Highlands Program and the Highlands County Board of County Commissioners, the local sponsoring agency. See Healthy Families file.

C. Request approval of the Second Amendment to the Carter Creek Watershed Management Plan (L314) SWFWMD Agreement No. 2005REV0023 (County Project 04012) with no additional fiscal impact. (This item was pulled from the agenda.) See SMB 87 Page 4.

D. Request approval to declare the attached list of County Property as Surplus, waive the two-step Surplus Disposal process and allow indicated Surplus items (7-pages) to be disposed of by (1) utilizing the Board’s Contract with Gov-Deals and Internet Auction Service Company, and (2) allow donations of indicated items (3 pages) to three (3) local Florida Non-Profit Corporations and one (1) municipality, the City of Avon Park. See SMB 87 Page 5.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda as presented, except moving item 7A and pulling 7C completely, and keeping 7B and 7D. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits May 10, 2011.

GENERAL FUND 408,088.14 COUNTY TRANSPORT TRUST 34,917.38 LOCAL GOVT INFRA SURTAX 86,104.10 TOURIST DEV TRUST FUND 6,110.20 AFFORDABLE HOUSING ASST 35,000.00 STATE COURT FACILITIES TF 531.66 LEGAL AID TRUST FUND 7,276.58 COURT TECH 28.24 (12) (E) 1 6,381.76 BUILDING FUND 67.65 SOLID WASTE 9,167.57 PLACID UTILITIES 602.16 HIGHWAY PARK UTILITY 131.83 ENERGY RECOVERY 44,485.92 EMPLOYEE BENEFIT FUND 2,151.80 INSURANCY FUND 33,415.33

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to pay item 7A as was excluded from the previous motion. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. See Check Report 2011 file for copy of check report and abstention form.

051011REG BOOK 21 PAGE 912

8. ACTION: Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Presentations and budget discussions: President/CEO Roger Hood, Heartland Workforce: Presentation on the Heartland Workforce Investment Board. Roger Hood, President/CEO of the Heartland Workforce, gave a brief presentation on the Heartland Workforce Investment Board and commented on their budget. The Commission addressed their comments and concerns. Public input was received from John Drennan and Gabriel Read. See Heartland Workforce file.

Break: 10:46 a.m. to 10:58 a.m.

B. Interim Emergency Management Director: Request approval of the acceptance of percentage increase – budget modification for wind retrofit of the Ag-Center and Health Department Grants. Scott Canaday, Interim Emergency Management Director, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the agreements between the State of Florida, Division of Emergency Management and Highlands County in the amount of up to $34,435.08.

Upon roll call, all Commissioners voted aye. The motion carried. See Emergency Management file.

C. Tourist Development Director:

1. Request from Sebring Airport Authority Executive Director Mike Willingham to waive payment requirement and authorize payment to the Sebring Airport Authority in the amount of $8,192.00. John Scherlacher, Tourist Development Director, presented the request. Public input was received from Bill Youngman.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve payment to the Sebring Airport Authority, Inc. in the amount of $8,192, waiving the payment requirement that there shall be no reimbursement of payment by the county for any expenditure made prior to the date of the agreement between the Sebring Airport Authority and Highlands County Board of County Commissioners.

Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file.

2. Request approval of Highlands County Tourist Development Council Grant to the Youth Baseball of Sebring, Inc. for the Dixie Boys 2011 State 13 year-old and 14 year-old tournaments on July 8-14, 2011 in the amount of $12,000.00.

051011REG BOOK 21 PAGE 913

John Scherlacher, Tourist Development Director, presented the request. Public input was received from John Drennan. Ross Macbeth, Board Attorney, addressed the issue.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the grant contract in the amount of $12,000 to the Youth Baseball of Sebring, Inc. for tournament fees, umpire cost and players banquet expenses; finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues pursuant to Section 125.0104(5) (a), Florida Statutes; with room verification at the end of the event.

Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file.

3. Approval of Highlands County Tourist Development Council Grant to Sebring Cruise, Inc. for the Sebring Thunder II on September 16-18, 2011 in the amount of $2,000.00. John Scherlacher, Tourist Development Director, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the grant contract in the amount of $2,000 to the Sebring Cruise, Inc. for advertising and banquet expenses; finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues pursuant to Section 125.0104(5) (a), Florida Statutes; with room verification at the end of the event.

Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file.

4. Approval of Highlands County Tourist Development Council Grant to Avon Park Baseball, Inc. for the Dixie Youth State Tournament on July 15-23, 2011 in the amount of $6,080.00. John Scherlacher, Tourist Development Director, presented the request. Public input was received from Bill Youngman.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the grant contract in the amount of $6,080 to the Avon Park Baseball, Inc. for field lighting, banquet expenses and state tournament host fees; finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues pursuant to Section 125.0104(5) (a), Florida Statutes; with room verification.

Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file.

D. OMB Director:

1. Request approval of the City of Sebring Substitute Interlocal Agreement for $190,000 for County reimbursement of Municipal Recreation expenses with a fiscal impact of $190,000.00. See SMB 87 Page 6.

051011REG BOOK 21 PAGE 914

2. Request approval of Amendments to the City of Avon Park ($180,000) and the Town of Lake Placid ($130,000) Interlocal Agreements for County reimbursement of Municipal Recreation expenses with a fiscal impact of $310,000. See SMB 87 Page 7.

Bernis Gainer, Director of Office of Management and Budget, presented items D1 and D2 together. Mr. Gainer stated that the Interlocal Agreement with the City of Sebring is a substitute for the one previously approved. Ross Macbeth, Board Attorney, stated that the E- verify language was changed from the previous Interlocal Agreement with the City of Sebring, and the Interlocal Agreements with the City of Avon Park and the Town of Lake Placid were being changed to stay consistent.

Public input was received from Gabriel Read, Bill Youngman, John Drennan, and Ray Royce.

After discussion in great detail on the E-verify language, the Commission concurred to pull the Interlocal Agreements from the agenda to allow Mr. Macbeth to change the language. See SMB 87 Pages 6 and 7.

E. Administrative Services Director: Request approval of attached Cash Management Master Agreement between TD Bank and the Highlands County Board of County Commissioners, Reference Bid Number RFP 10-047 Gerald Secory, Administrative Services Director, presented the request. Ross Macbeth, Board Attorney, addressed the agreement. Public input was received from Bill Youngman and John Drennan.

Commissioner Harris made a motion to move to approve the Cash Management Master Agreement between TD Bank and the Highlands County Board of County Commissioners. The motion died for lack of a second.

Commissioner Richie addressed Section (d) of the Employment Eligibility Verification clause written in the agreement and questioned if the word encourages could be changed to require. Mr. Macbeth stated that this was already discussed with TD Bank and that the language written in the agreement was the last E-verify proposal that the bank would consider.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Cash Management Master Agreement between TD Bank and the Highlands County Board of County Commissioners.

Upon roll call, all Commissioners voted aye. The motion carried.

Mr. Macbeth requested that the Board approve the confirmation letter from TD Bank.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Confirmation of Start Date of Service Fees letter as presented.

Upon roll call, all Commissioners voted aye. The motion carried. See TD Bank file.

051011REG BOOK 21 PAGE 915

F. Board Attorney: Commissioner Stewart questioned Ross Macbeth, Board Attorney, when he would be presenting his monthly updates. Mr. Macbeth stated that he was ready at the Board’s discretion. Commissioner Stewart stated that they look forward to hearing from him next week. Commissioner Stewart also requested that the Clerk’s office keep sending the Commission copies of the attorney billings.

G. County Administrator:

1. Request approval of Budget Amendment 10-11-104 and Resolution for the Court Tech 28.24 (12) (E) Fund with a fiscal impact of $15,000. Ricky Helms, County Administrator, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment 10-11-104 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 17 & SMB 87 Page 8.

2. Request approval of Resolution & Budget Amendment 10-11-107 to purchase necessary medications to improve and maintain the health of animals at Animal Control with a fiscal impact of $800.00. Ricky Helms, County Administrator, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-107 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 18 & SMB 87 Page 9.

9. CITIZENS NOT ON THE AGENDA: No participants.

10. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie briefly stated that he is working on issues as them come up.

¾ Commissioner Elwell: Commissioner Elwell commented on the National Day of Prayer event that he attended and stated that there is a vacancy on the Hospital District Board and to contact him if anyone is interested in serving.

¾ Commissioner Harris: Commissioner Harris commented on the National Day of Prayer event that he attended last week.

¾ Commissioner Stewart: Commissioner Stewart stated that the Florida’s Heartland Rural and Economic Development Initiative received their RACEC re-designation and commented on the Economic Development Commission meeting that she attended last week.

11. ADJOURN The meeting adjourned at 12:25 p.m.

051011REG BOOK 21 PAGE 916

REGULAR MEETING OF THE BOARD, MAY 17, 2011

1. The meeting was called to order at 9:06 a.m. in the Board of County Commission Chambers at 600 Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Stewart. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

May 18 7:30 am Children’s Services Council Children’s Advocacy Center, 1968 Sebring Parkway, Sebring May 19 10:00 am Library Advisory Board 319 W. Center Ave., Sebring May 19 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff’s Tower Road, Sebring May 23 10:00 am Multi species Scrub Habitat Conservation Plan Sam Polston Auditorium, 4509 George Technical Advisory Committee Blvd., Sebring

A. Other meetings:

¾ The Municipal Recreational Funding Workgroup will meet on Thursday, May 19, 2011 at 10:00 a.m. at the Visitor’s and Convention Bureau conference room.

¾ The Insurance Committee will meet on May 19, 2011 at 10:00 a.m. in the Boardroom.

¾ The Impact Fee Review Committee will meet on May 23, 2011 at 2:00 p.m. in the Engineering Training room.

¾ The Heartland Library Cooperative will meet on Wednesday, May 18, 2011 at 10:00 a.m. at the Lake Placid Memorial Library.

¾ The Sebring Airport Authority will meet Thursday, May 19, 2011 at 1:00 p.m. at the Sebring Airport.

¾ The Highlands Tea Party will meet tonight at the Quality Inn, where Commissioner Barbara Stewart will be a speaker.

¾ U. S. Representative Tom Rooney will be speaking at the Quality Inn from 12:00 p.m. to 1:00 p.m. on Friday, May 20, 2011.

¾ The “Salute the Veteran’s” event will take place on Saturday, May 21, 2011 at Stuart Park in Lake Placid.

¾ The Children’s Services Council will meet tomorrow at 7:30 a.m.

4. CLERK: Bob Germaine, Clerk of Courts, gave a brief update on the Teen Court Program and stated that pictures will be posted on the Clerk’s webpage at www.hcclerk.org.

051711REG BOOK 21 PAGE 917

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: Eric Zwayer, Tax Collector, gave a brief update on the drivers license transition at the Lake Placid branch office. The start up date is scheduled for June 6, 2011 and appointments can be made online at www.hctaxcollector.com or by calling (863) 402-6685. Mr. Zwayer also stated that the tax certificate sale is set for June 1st and 2nd.

D. Supervisor of Elections: No report.

Gary Ritter, with the South Florida Water Management District – Okeechobee Service Center, stated that the South Florida Water Management District Governing Board has elected, Melissa Meeker, as their new Executive Director.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Public Defender’s Office Ribbon Cutting Ceremony (recess at 10:30 a.m.)

B. Mr. Red Camp, President, Highlands Pedalers Bicycle Club: Request approval of a Proclamation recognizing May 2011 as “Bike Month” in Highlands County, Florida. Mr. Red Camp, President of the Highlands Pedalers Bicycle Club, read the Proclamation into the record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to proclaim the month of May 2011 as “Bike Month” and recognize Friday, May 20th as “Ride Your Bike to Work” day; including approval of the Proclamation.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 20.

7. CONSENT AGENDA: Ricky Helms, County Administrator, requested to pull item 7H from the agenda.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda as presented, removing item 7H until a later date. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits May 17, 2011. See Check Report 2011 file.

GENERAL FUND 583,570.34 COURT TECH 28.24 (12) (E) 1 1,428.34 COUNTY TRANSPORT TRUST 41,112.23 BUILDING FUND 430.15 CONSERVATION TRUST FUND 495.00 SOLID WASTE 24,496.58 LOCAL GOVT INFRA SURTAX 45,366.08 PLACID UTILITIES 1,031.01 TOURIST DEV TRUST FUND 19.20 HIGHWAY PARK UTILITY 453.74 AFFORDABLE HOUSING ASST 15,000.00 ENERGY RECOVERY 153,316.67 SPECIAL LAW ENFORCEMENT 1,460.00 EMPLOYEE BENEFIT FUND 7.68 SEBRING PARKWAY MAINT 4,170.00 INSURANCY FUND 128.67 STATE COURT FACILITIES TF 751.11

051711REG BOOK 21 PAGE 918

B. Request approval of the minutes for the Board of County Commissioners and Special Benefits Districts for May 3, 2011. See Clerk of Courts website.

C. Request approval of the First Amendment to the Lake Clay Stormwater Improvement Agreement (L897) South Water Management District Agreement No. 2008REV0018 (County Project 10018) with no additional fiscal impact. See SWFWMD file.

D. Request to approve Guarantee Bond for Shirley Eli’s Medium/Palm Readers business. See Palmistry file.

E. Request to approve a Satisfaction of Lien on Case # CE 05070052, 125 Blue Fish Drive, Sebring, FL 33870. See Subdivision file.

F. Request to approve a Satisfaction of Lien on Case # CE 9897-076, 157 E A Smith Avenue, Lake Placid, FL 33852. See Subdivision file.

G. Request to approve a recommendation to disband the 911 Communications Committee. See SMB 87 Page 11.

H. Request to approve a Declaration of Agricultural Plastic (Ag Plastic) at the Highlands County Solid Waste Management Center as surplus and approval to sell Ag Plastic to Rational Energies in the amount of $1.50 per ton. (This item was pulled from the agenda.) See SMB 87 Page 12.

I. Request to approval of amendments to nine (9) continuing contracts for RFP 07-049 and for RFP 99-068 Professional Services – Library of Consultants amending the Employment Eligibility language (E-Verify) as adopted by the Board, with no fiscal impact if amended. See Library of Consultants file.

J. Request approval of Budget Amendment 10-11-111 to transfer $39,526 from Cost Center 4210 Account # 54600 Repair & Maintenance to Account # 56400 Machinery & Equipment. See Budget Amendment 2011 file & SMB 87 Page 13.

K. Request approval of Budget Amendment 10-11-114 for Reallocation of Commissioner’s Budget. See Budget Amendment 2011 file & SMB 87 Page 14.

L. Request approval of Resolution & Budget Amendment 10-11-117 for insurance proceeds received from State Farm Fire & Casualty Company for street light damage on US 27 Tanglewood Case with a fiscal impact $1,458.06. See Budget Amendment 2011 file, Res. Book 24 Page 21 & SMB 87 Page 15.

M. Request approval of Capital Financial Strategy (CFS) equipment purchases with funds, $359,598.00 approved January 18, 2011 and $11,001.00 insurance proceeds for a total fiscal impact of $370,599.00. See SMB 87 Page 16.

051711REG BOOK 21 PAGE 919

8. PUBLIC HEARING: Public Hearing to consider a proposed Ordinance amending Chapter 12 of the Highlands County Code of Ordinances pertaining to farm animals in the AU (Agricultural District). Linda Conrad, Zoning Supervisor, and Theresa Glavey, Zoning Clerk, presented the request. Ms. Conrad 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. Mike Jensen, County Extension Director, was present for questions. The Commission addressed their comments and concerns. Ross Macbeth, Board Attorney, addressed the issue. After discussion, the Commission came to a consensus to have staff go back and address the request given to Mr. Randy Gornto, Livestock Agent at the Extension Office. Public input was received from Ray Royce and John Drennan. The Commission requested to have a workshop on this issue before it goes to a second public hearing. See SMB 87 Page 17 & Proof of Publication file.

9. ACTION: Ricky Helms, County Administrator, stated that Ross Macbeth, Board Attorney, has requested to pull item 9B from the action agenda due to a violation of the Sunshine Law. Jennifer Codo-Salisbury, Planning Director for the Central Florida Regional Planning Council, stated that there is a time constrain on item 9B. Commissioner Stewart requested that Mr. Macbeth meet with the Central Florida Regional Planning Council as soon as possible to work on the issue and bring it back to the Board.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as revised, eliminating item 9B.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Development Services Department Director: Request for consideration of a Highlands County proposal for the settlement of the findings of “Not in Compliance” from the Florida Department of Community Affairs (DCA) for both the Evaluation and Appraisal Report (EAR) Based Amendments (Case 10-1ER) and the Lake Placid Groves Development of Regional Impact (DRI – Case 10-D1). Mark Hill, Development Services Director, Don Hanna, with the Planning Department, and Jennifer Codo-Salisbury, Planning Director for the Central Florida Regional Planning Council, presented the request. Mr. Hill addressed the responses to the issues identified by the Department of Community Affairs and presented a proposed addendum to Exhibit B – Policy 3.23: - Conservation Wildlife Corridor Connectivity. Mr. Hill stated that a draft Exhibit B was already reviewed by the Department of Community Affairs staff, who have concluded that the County’s responses to the issues are satisfactory.

Mr. Jack Brandon, representing Lykes Brothers, presented the Commission a revision to the second sentence of Policy 1.2.G. as follows:

Central utilities may also be provided by private entities; however, development must connect to a regional facility which shall include government owned facilities or certificated utilities named and identified in at least one Development of Regional Impact or a Sustainable Community Overlay.

Recess from 10:28 a.m. to 11:02 a.m.

051711REG BOOK 21 PAGE 920

Continuation of item 9A.

Ross Macbeth, Board Attorney, addressed a revision made to the proposed revision to Policy 1.2.G that was presented by Mr. Brandon. Mr. Brandon stated that he and his client are in agreement with Mr. Macbeth’s analysis. The revision is as follows:

Central utilities may also be provided by private entities; however, development must connect to a regional facility which shall include government owned facilities or certificated utilities named, identified and located in a Development of Regional Impact.

Public input was received from Paula House, Alison Megrath, Mike Gallagher, Jim Paulman, and Ray Royce.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move that Exhibit B be approved with the additions of the amendment of Policy 3.23, regarding the Conservation Connectivity of the Wildlife Corridor; as well as the revised language to Policy 1.2.G, with the central sentence reading: Central utilities may also be provided by private entities; however, development must connect to a regional facility which shall include government owned facilities or certificated utilities named, identified and located in a Development of Regional Impact; adding that Exhibit B be forwarded to the Department of Community Affairs (DCA) as the Highlands County proposal for the remedial actions to resolve DCA’s findings of “Not in Compliance” for both the EAR Based Amendments (10- 1ER) and the Lake Placid Groves DRI (10-D1).

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 18.

B. Planner, Development Services Department: Request to approve Consortium Partners Agreement with the Central Florida Regional Planning Council for the Heartland 2060 Sustainable Communities Planning Grant Program. This item was pulled from the agenda. See SMB 87 Page 19.

C. Clerk of Courts Accounting Director: Request to accept into the record the Court-Related and Other Miscellaneous Funds Revenue and Expenditures Summary, for the quarter ended March 31, 2001. Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to accept into the record the Court-Related and Other Miscellaneous Funds Revenue and Expenditure Summary, for the quarter ended March 31, 2011.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 20.

D. County Engineer: Request for consideration of a Resolution establishing an Economic Development Ad Valorem Tax Exemption Program for Highlands County. Chris Benson, with the Engineering Department, and John Tallent, with the Tax Abatement Criteria Committee, presented the request and gave a brief presentation of the Ad Valorem Tax Exemption Program Mr. Benson stated that there was a revision to Exhibit A of the Resolution. Ross Macbeth, Board Attorney, briefly reviewed the changes made to Exhibit A. The Commission addressed their concerns in great detail. Public input was received from Bill Youngman, John Drennan, Ray Royce and Steve Fruit.

051711REG BOOK 21 PAGE 921

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Resolution establishing an Economic Development Ad Valorem Tax Exemption Program for Highlands County, with all the recommended changes, including the 1.5% multiplier.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 22 & SMB 87 Page 21.

Break: 12:30 p.m. to 1:30 p.m.

E. Road & Bridge Superintendent:

1. Request to approve an Agreement between Crews Groves, Inc. and the Board of County Commissioners to pave County Line Road with Crews Groves, Inc. paying $60,000., and the Board paying $60,000. Fiscal impact of this agreement is $60,000. Kyle Green, Road & Bridge Superintendent, presented the request. The Commission addressed their comments and concerns. Public input was received from John Drennan. The Commission came to a consensus to remove the Employment Eligibility Verification language that was written in the agreement. Ricky Helms, County Administrator, stated that the request included Budget Amendment #10-11-112 and its associated Resolution.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve paving the County maintained shell road, County Line Road, in Avon Park, with the resident paying half the cost and the County paying half the cost; with the associated Resolution; with the deletion of the Employment Verification section; as well as approving the Budget Amendment, transferring the funds from cost center 4102A 56300Z to 56301Z.

Upon roll call, all Commissioners voted aye. The motion carried. See Crews Groves, Inc., Budget Amendment 2011 file, Res. Book 24 Page 23 & SMB 87 Page 22.

2. Request approval of Road resurfacing contracts ITB11-013 and ITB11-011 between the Highlands County Board of County Commissioners and Better Roads, Inc., Empower Construction, Inc. and Excavation Point, Inc. from annual bids. Kyle Green, Road & Bridge Superintendent, presented the request. The Commission addressed their comments and concerns.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve FY 10/11 road resurfacing contracts between the Board of County Commissioners and Better Roads, Inc., Empower Construction, Inc., and Excavation Point, Inc.

Upon roll call, all Commissioners voted aye. The motion carried. See Better Roads, Inc. file, Empower Construction, Inc. file, & Excavation Point, Inc. file.

051711REG BOOK 21 PAGE 922

F. Emergency Medical Service Director: Medical Transport of Central Florida, Inc. requests approval of renewal of its Non-Emergency Medical Transportation license. Steve Coltharp, Emergency Medical Services Director, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the renewal of the license as recommended.

Upon roll call, all Commissioners voted aye. The motion carried. See Medical Transport of Central Florida file.

G. Assistant County Administrator/Community Services Division Director: Update on programs available for foreclosure assistance. June Fisher, Assistant County Administrator/Community Services Division Director, gave a brief update on the foreclosure assistance programs available. The Commission addressed their comments and concerns. Commissioner Richie requested that Ms. Fisher provide information on the number of members of the Affordable Housing Advisory Committee who have missed three or more committee meetings. Commissioner Elwell requested that Ms. Fisher email minutes of the Affordable Housing Advisory Committee meetings to the Commission and urged her to get the word out on the foreclosure programs available. Public input was received from Bill Youngman. See SMB 87 Page 23.

H. Board Attorney:

¾ Mason’s Ridge lots. Ross Macbeth, Board Attorney, stated that he has received an email from Mr. John Hawthorne, Executive Director of the Highlands County Habitat for Humanity, stating that they are ready to close on Lots 38, 39, and 40 of Mason’s Ridge. Mr. Macbeth stated that the deeds would be held in escrow until the closing is complete and requested a motion to approve the execution of the county deeds for Lots 38, 39, and 40, authorizing the Chair and Clerk to sign them.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the lots 38, 39 and 40, of Mason’s Ridge, that the county deeds be drawn up for closing and presented to the Chair for signature when they are ready. Upon roll call, all Commissioners voted aye. The motion carried.

¾ Recreation Interlocal Agreements Mr. Macbeth gave an update on the Recreation Interlocal Agreements and stated that he revised the E-verify provision on the Interlocal Agreement and sent it to Mr. Bob Swaine, Counsel for the City of Sebring, for their consideration.

¾ Lake Placid utility issues. Mr. Macbeth gave a brief update on the Town of Lake Placid utility issues and stated that if the municipalities are going to be the utility providers, then the County should have standards for the design and construction and provisions that define levels of service. Commissioner Stewart stated that the right of way management should also be considered. Ray Royce, with the Lake Placid Town Council, addressed the issue and stated the their staff is almost complete on gathering the information that was requested.

051711REG BOOK 21 PAGE 923

I. County Administrator: Request for confirmation of Scott Canaday as Emergency Management Director. Ricky Helms, County Administrator, presented the request. Public input was received from Mark Fortier, President of the Highlands County Fire Chief’s Association, and John Drennan. The Commission addressed their comments and concerns. Commissioner Harris strongly recommended that the Commission approve the request. Commissioner Richie and Commissioner Elwell stated that they could not support the request at this time.

Commissioner Harris made a motion to move to confirm the appointment of Scott Canaday to the position of Emergency Management Director. Commissioner Elwell seconded the motion for a vote.

Upon roll call, Commissioner Harris voted yes, and all others voted no. The motion failed.

Ricky Helms, County Administrator, stated that he will begin advertising the position. See SMB 87 Page 24.

10. CITIZENS NOT ON THE AGENDA

¾ John Nelson briefly commented on Agenda 21. See SMB 87 Page 25.

11. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie commented on the Lake Placid Town Council meeting that he attended last night and stated that he will attend the Sebring City Council meeting tonight.

¾ Commissioner Elwell: Commissioner Elwell requested Ricky Helms, County Administrator, give a rough update on the Law Enforcement building and questioned when that issue will come before the Board. Commissioner Elwell also questioned the County’s web redesign. Mr. Helms addressed his questions.

¾ Commissioner Harris: Commissioner Harris commented on the Sheriff’s Memorial Ceremony for fallen officers that he attended last week.

¾ Commissioner Stewart: Commissioner Stewart commented on the Florida’s Heartland Rural and Economic Development Initiative and the Central Florida Regional Planning Council meetings that she attended last week. Commissioner Stewart questioned Mr. Helms about the EMS Supervisor position vacancy and the upcoming EMS Director position vacancy. Mr. Helms stated that the supervisor position was already advertised and that the director position would be advertised to possibly hire from the outside. Commissioner Stewart stated that it would make more sense to first hire a director and allow him to have input on the hiring of a supervisor.

12. ADJOURN The meeting adjourned at 3:09 p.m.

051711REG BOOK 21 PAGE 924

REGULAR MEETING OF THE BOARD, MAY 24, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: June Fisher, J. Ross Macbeth, Robert W. Germaine, Pamela Nava, and Myra Corrado.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Bob Germaine, Clerk of Courts. The Pledge of Allegiance was led Pam Nava, Deputy Clerk.

3. ANNOUNCEMENTS

May 24 8:00 a.m. Highlands County Lakes Association Tourist 501 S. Commerce Ave., Sebring, FL Tax Committee May 25 11:30 a.m. Heartland Rural Health Network Conference Room #3, 4200 Sun’n Lake Blvd, Sebring, FL May 25 4:00 p.m. Natural Resources Advisory Commission Conference Room #3, Bert J. Harris Agricultural Center, 4509 George Blvd., Sebring, FL May 30, 2011 - County offices closed in observance of the Memorial Day Holiday

A. Other meetings:

¾ The Lake Placid Town Council will hold a Vision Session on June 6, 2011 at 5:30 p.m. in the Lake Placid Town Hall.

4. CLERK: Bob Germaine, Clerk of Courts, announced that the Teen Court photos and the video for the National Day of Prayer have been uploaded on the Clerk’s website at www.hcclerk.org.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: Request approval of grant application for E-911 software upgrade and equipment. Sheriff Benton presented the request.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the grant application as presented.

Upon roll call, all Commissioners voted aye. The motion carried. See Sheriff’s Office file.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

052411REG BOOK 21 PAGE 925

Ray Royce, Chairman of the Heartland Ag Coalition, informed the Commission that the Southwest Florida Water Management District Governing Board have eliminated all of the Basin Boards.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Mrs. Anne Reynolds, Chairperson, Highlands County Historic Preservation Commission: Request approval of a Proclamation designating the month of May as “Highlands County Historic Preservation Month 2011”. Mrs. Anne Reynolds, Chairman of the Highlands County Historic Preservation Commission, read the Proclamation into the record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to proclaim the month of May as “Historic Preservation Month”. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 24.

B. Chairman Stewart: Request approval of a Proclamation recognizing May 2011 as “Civility Month”. Commissioner Stewart presented the request. Ross Macbeth, Board Attorney, read the Proclamation into the record. Public input was received from Jerry Kingsbury and Gabriel Read.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to proclaim the month of May, 2011 on the 24th day of May, 2011 as “Civility Month”. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 25.

7. CONSENT AGENDA: Commissioner Elwell briefly commented on item 7C and requested to pull item 7D from the consent agenda and move it to the action agenda under 8D-1.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the exception of item 7D, moving it to the action agenda, now becoming item 8D1. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits May 24, 2011. See Check Report 2011.

GENERAL FUND 1,358,859.59 COUNTY TRANSPORT TRUST 17,455.87 FL BOATING IMPROVEMENT 2,301.60 HIGHLANDS PARK EST SBD 100.00 LOCAL GOVT INFRA SURTAX 182,876.45 TOURIST DEV TRUST FUND 8,282.91 AFFORDABLE HOUSING ASST 30,000.00 SPECIAL LAW ENFORCEMENT 5,798.82 SEBRING PARKWAY MAINT 102.37 COURT TECH 28.24 (12) (E) 1 41,100.92 BUILDING FUND 89.94 SOLID WASTE 3,817.64 PLACID UTILITIES 2,530.80 HIGHWAY PARK UTILITY 450.94 ENERGY RECOVERY 88,682.71

052411REG BOOK 21 PAGE 926

B. Request approval of the minutes of the Board of County Commissioners May 9, 2011 joint meeting with the School Board of Highlands County, and the Board of County Commissioners and Special Benefits Districts meeting for May 10, 2011. See Clerk of Courts website.

C. Request approval of the waiver of fees for field B ($6.25) and the restroom building ($50.00) of the Highlands County Sports Complex for the Juneteenth Festival in the amount of $56.25. See SMB 87 Page 26.

D. Request for approval of the Standard Memorandum of Agreement between Florida’s Office of Tourism, Trade and Economic Development (OTTED) and Highlands County Board of County Commissioner’s designation. (This item was moved to the action agenda.)

E. Request approval of Resolution & Budget Amendment 10-11-119 for Sebring Library Space Allocation Project #10059 with a fiscal impact of $139,314.44. See Budget Amendment 2011 file, Res. Book 24 Page 26 & SMB 87 Page 27.

F. Request approval of Resolution and Budget Amendment 10-11-120 for Supervisor of Elections Project 10061 State’s Federal Elections Activities Grant with a fiscal impact of $13,514.98. See Budget Amendment 2011 file, Res. Book 24 Page 27 & SMB 87 Page 28.

8. ACTION: June Fisher, Assistant County Administrator/Community Services Division Director, requested to add an item under 8D-2, to request that two Commissioners be selected to represent the Small Counties Coalition Board of Directors.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda, as revised, with the addition of 8D-1 and 8D-2.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Highlands County Health Department Administrator Mr. Robert Palussek: Presentation of the Tobacco Free Partnership and discussion regarding Highlands County Tobacco Free Campus Initiative, and County Administrator: Presentation of the proposed Highlands County Draft Tobacco Free Campus Policy options. Mr. Robert Palussek, Highlands County Health Department Administrator, and Georgia Singletary, Tobacco Specialist, gave a brief presentation regarding tobacco use. The Commission addressed their comments and concerns in great detail. June Fisher, Assistant County Adminsitrator/Community Services Division Director, briefly addressed the issue. Commissioner Harris and Commissioner Stewart concurred to go tobacco free. Commissioner Richie stated that maybe they should keep the smoking at a distance, but would like to know how it would be enforced. Commissioner Elwell stated that he would like to take this policy one step at a time, and maybe begin with moving the designated areas for smoking away from the entrances and exits. Commissioner Stewart commented on the insurance benefits of going tobacco free. Sheriff Benton briefly stated that by example they

052411REG BOOK 21 PAGE 927

should encourage no smoking and requested the Commission to consider a no smoking policy at the Highlands County Sports Complex because of all the children that attend. Bob Germaine, Clerk of Courts, stated that at the Security Committee meeting that he attended, it was a consensus to go with a non-smoking campus. Mr. Palussek briefly addressed a possible tobacco cessation program for employees. Commissioner Stewart questioned who would provide the cessation program and if there was funding available. Mr. Palussek addressed her question.

Public input was received from Barry Foster, Jerry Kingsbury, Gabriel Read, and Mike Berry.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the policy prohibiting tobacco product use on the campuses of County owned buildings, facilities and vehicles, as described and presented by staff at a future meeting, and approved by the Board.

Commissioner Richie questioned if the motion meant that this item will come back to the Board for discussion and a final vote. Commissioner Stewart stated yes.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See SMB 87 Page 29.

B. Healthy Families Program Manager: Presentation of Healthy Families Program. Jeannie Dubenion and Deana Strickland, with Healthy Families, gave a brief presentation on the Healthy Families Program. The Commission addressed their comments and concerns. Robert Palussek, Highlands County Health Department Administrator, briefly addressed the issue.

Public input was received from Gabriel Read and Mike Berry. The Commission thanked Ms. Dubenion and Ms. Strickland for their presentation. See SMB 87 Page 30.

C. Board Attorney: No report.

D. County Administrator:

1. Request for approval of the Standard Memorandum of Agreement between Florida’s Office of Tourism, Trade and Economic Development (OTTED) and Highlands County Board of County Commissioner’s designation. Bernis Gainer, Director of Office of Management and Budget, presented the request. Public input was received from Ray Royce.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the Memorandum of Agreement between the State of Florida’s Office of Tourism, Trade and Economic Development and Highlands County BCC, designating Barbara Stewart and Eva Cooper, as the Elected/Appointed Official and the Non-Profit contact.

Upon roll call, all Commissioners voted aye. The motion carried. See OTTED file.

052411REG BOOK 21 PAGE 928

2. Request to appoint two Commissioners to the Small Counties Coalition. Commissioner Richie and Commissioner Elwell volunteered to be selected.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to appoint Commissioner Richie and Commissioner Elwell to the Small Counties Coalition, and appoint Ricky Helms as the staff liaison.

Upon roll call, all Commissioners voted aye. The motion carried.

9. CITIZENS NOT ON THE AGENDA

¾ Barry Foster commented on the evening meeting presentations. Commissioner Richie questioned if the budget could be presented more understandable for the public. Bernis Gainer, Director of Office of Management and Budget, addressed his question.

10. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris briefly commented on several meetings that he attended last week.

¾ Commissioner Elwell: Commissioner Elwell briefly commented on several meetings that he attended last week and requested an update on the redistricting and the web re- design. June Fisher, Assistant County Administrator/Community Services Division Director, and Gloria Rybinski, Public Information Coordinator, addressed his questions.

¾ Commissioner Richie: Commissioner Richie briefly commented on several meetings that he attended last week and stated that the American Legion Post 25 will be having a Veteran’s Salute for Memorial Day on Monday, May 30, 2011 at 2:00 p.m.

¾ Commissioner Stewart: Commissioner Stewart commented on the firemen’s banquet, the Ridge ARC luncheon, the Habitat Conservation Plan meeting, and the Highlands Tea Party meeting that she attended last week.

11. ADJOURN The meeting adjourned at 9:04 p.m.

052411REG BOOK 21 PAGE 929

REGULAR MEETING OF THE BOARD, MAY 31, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

2. Invocation and Pledge The meeting opened with a prayer by Commissioner Stewart. The Pledge of Allegiance was led by Rick Ingler, member of the Veteran’s Council.

3. ANNOUNCEMENTS

June 02 3:30 p.m. Veterans Advisory Board 7209 South George Blvd., Sebring, FL.

A. Other meetings:

¾ The Florida Rural Broadband Alliance meeting has been changed to June 21, 2011.

4. CLERK: Bob Germaine, Clerk of Courts, announced that the video for the National Day of Prayer has been posted to the Clerk’s webpage at www.hcclerk.org. Mr. Germaine also announced that the new software program for tax deed sales has been loaded on the webpage and anyone can research tax deeds online. The first tax deed sale date will begin the last week of June.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: Request approval of Budget Amendment 10-11-129 to bring forward previous years’ revenue that was carried forward in accordance with F.S. 365.173. Lisa Burley, with the Sheriff’s Office, presented the request. Public input was received from Gabriel Read and John Drennan.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the Budget Amendment for the above action.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 28 & SMB 87 Page 31.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presentation.

053111REG BOOK 21 PAGE 930

7. CONSENT AGENDA: Commissioner Elwell questioned item 7C and Commissioner Stewart questioned item 7D. Ramon Gavarrete, County Engineer, gave a brief explanation on both items. Public input was received from Dale Wilson and Dominick Mulattieri.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits May 31, 2011. See Check Report 2011 file.

GENERAL FUND 273,896.71 COUNTY TRANSPORT TRUST 33,359.71 INTERGOVT RADIO COMMUNICA 49.99 FL BOATING IMPROVEMENT 1,668.00 LOCAL GOVT INFRA SURTAX 133,544.72 TOURIST DEV TRUST FUND 1.55 AFFORDABLE HOUSING ASST 45,000.00 SPECIAL LAW ENFORCEMENT 1,000.00 SEBRING PARKWAY MAINT 516.93 COURT TECH 28.24 (12) (E) 1 480.00 BUILDING FUND 137.18 SOLID WASTE 28,170.50 PLACID UTILITIES 2,656.82 HIGHWAY PARK UTILITY 260.64 ENERGY RECOVERY 217,980.66 EMPLOYEE BENEFIT FUND .62 TAX DEED SURPLUS FUND 807.00

B. Request approval of the minutes of the Board of County Commissioners Regular and Special Benefit Districts meeting for May 17, 2011. See Clerk of Courts website.

C. Request approval of a Modification to the Florida Executive Office of the Governor Office of Tourism, Trade and Economic Development (OTTED)/Economic Development Transportation Fund (EDTF) Agreement with no negative fiscal impact to the County. See OTTED file.

D. Request for approval of an Easement, Subordination, and Consent to Easement for the Dedication of an Easement for the use of public right of way on Frontage Road from Palmetto Sebring II, LLC with no additional fiscal impact. See County Deeds file.

E. Request for consideration of operation of golf carts on County Roads within Istokpoga Shores Units 1 through 6 and Lake and Ranch Club Subdivision for use by golf carts as indicated in Chapter 316.212, F.S. See SMB 87 Page 32.

053111REG BOOK 21 PAGE 931

F. Request approval of Resolution and Budget Amendment 10-11-122 for insurance proceeds for utilities insurance claim with a fiscal impact of $3,054.90. See Budget Amendment 2011 file, Res. Book 24 Page 29 & SMB 87 Page 33.

G. Request approval of Resolution and Budget Amendment 10-11-123 moving adopted budget between expense accounts for Court Tech 28.24(12)(E) 1 Fund with a fiscal impact of $16,000. See Budget Amendment 2011 file & SMB 87 Page 34.

8. ACTION AGENDA: Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. County Planner: Request to approve the Consortium Partners Agreement with the Central Florida Regional Planning Council for the Heartland 2060 Sustainable Communities Planning Grant Program. Don Hanna, with the Planning Department, presented the request. Public input was received from Dale Wilson.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve Highlands County’s Consortium Partners Agreement with the Central Florida Regional Planning Council for the Heartland 2060 Sustainable Communities Planning Grant Program from the Department of Housing and Urban Development.

Ross Macbeth, Board Attorney, requested that the motion also include the addendum attached to the agreement. Commissioner Harris included the addendum in his motion. Commissioner Elwell seconded the inclusion.

Upon roll call, all Commissioners voted aye. The motion carried. See Central Florida Regional Planning Council file.

B. Highlands County Health Department Administrator, Mr. Robert Palussek: Presentation on the Community Health Improvements Planning (CHIP) Council of Highlands County. Mr. Robert Palussek, Highlands County Health Department Administrator, and Debra Caruso, Chairman of the Community Health Improvements Planning Council, gave a brief presentation on the Community Health Improvements Planning (CHIP) program. The Commission addressed their comments. Public input was received from Gabriel Read, Bill Youngman, John Drennan, and Dale Wilson. The Commission thanked Mr. Palussek and Ms. Caruso for their presentation. See SMB 87 Page 35.

C. Board Attorney: Ross Macbeth, Board Attorney, stated that he has made the changes indicated by the Commission to the recreation interlocal agreement with the City of Sebring and that the Sebring City Council will consider the agreement on June 7th.

053111REG BOOK 21 PAGE 932

D. County Administrator: Ricky Helms, County Administrator, stated that he attended the National Government Finance Officers Association meeting last week and will provide a summary of the information he received to the Commission. Commissioner Stewart requested Mr. Helms also update the Commission on the hiring of the EMS positions and on health issues with the buildings.

9. CITIZENS NOT ON THE AGENDA: No participants.

10. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie stated that he attended the Impact Fee Review Committee meeting and the Economic Development Commission meeting last week and commented on the presentation he gave yesterday for Memorial Day at the American Legion Post 25 in Lake Placid.

¾ Commissioner Elwell: Commissioner Elwell stated that he attended the Memorial Day event at the American Legion Post 25 yesterday and commented on the idea of consolidating the Fourth of July events countywide and volunteered to coordinate the idea for next year. Commissioner Elwell also recognized and congratulated the volunteer fire departments, the Sheriff’s Office, and Highlands County EMS, for the work that they do everyday.

¾ Commissioner Harris: Commissioner Harris commented on the events that took place at the YMCA and commented on the funding concerns of the Economic Development Commission. Susie Bishop, with the Economic Development Commission (EDC), stated that the EDC has already made an offer to the new executive director and the offer has been accepted, but would like to know if the Commission is going to fund them this year. Ricky Helms, County Administrator, stated that he will add this discussion to the agenda for next week.

¾ Commissioner Stewart: Commissioner Stewart commented on having a gift section included in the County’s contracts and requested Mr. Helms take a look at this possibility.

11. ADJOURN: The meeting adjourned at 10:38 a.m.

053111REG BOOK 21 PAGE 933

REGULAR MEETING OF THE BOARD, JUNE 7, 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 R. Greg Harris Commissioner Don Elwell Commissioner Jack L. Richie

Commissioner Barbara A. Stewart was absent from this meeting.

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 Commissioner Harris. The Pledge of Allegiance was led by Marvin Dessell.

3. ANNOUNCEMENTS

June 08 1:00 pm Local Mitigation Strategy Working Group Room 2, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL. June 09 10:00 am Keep Highlands County Beautiful, Inc. Board Wauchula State Bank, 1385 US 27 S., of Directors Sebring, FL. June 09 1:30 pm Code Enforcement Special Magistrate Engineer Training Room #213, 505 S. Pamela T. Karlson Commerce Ave., Sebring, FL. June 13 9:00 am Highlands County Homeowners Association 3240 Grand Prix Ave., Sebring, FL.

A. Other meetings: No other meetings announced.

4. CLERK: Bob Germaine, Clerk of Courts, briefly announced that the Cell-Phone Continuous Audit and the Road and Bridge follow-up have been completed and will be posted to the Clerk’s webpage today at www.hcclerk.org. Mr. Germaine also presented the Clerk of Courts monthly report for May 2011. See SMB 87 Page 35.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: Sheriff Benton briefly addressed the necessity of reaching out to citizens in crisis and informed the Board that she would like to move forward with putting out an RFP to design and build a property/evidence/criminal lavatory facility at the county property on Kenilworth Boulevard and then put out a second RFP for office space needed at the jail.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

060711REG BOOK 21 PAGE 934

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Zoning Supervisor: Request approval of a Proclamation recognizing June 6- 10, 2011 as “Code Enforcement Officers’ Week”. Linda Conrad, Zoning Supervisor, introduced the Code Enforcement staff and read the Proclamation into the record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation recognizing June 6th-10th as “Code Enforcement Officers’ Week”.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 30.

B. Administrative Services Director: Employee recognition for Years of Service. Gerald Secory, Administrative Services Director, invited Ricky Helms, County Administrator, and the Commission to present recognition awards to employees, Cheryl Gelinas, Scott Kruelen, and Ed Bates, for their years of service to Highlands County. See SMB 87 Page 36.

7. CONSENT AGENDA: Ricky Helms, County Administrator, requested to pull item 7E from the consent agenda. Commissioner Elwell declared a conflict of interest on item 7A, which contains a payment to Alan jay, Commissioner Elwell’s current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record.

A. Request approval to pay all duly authorized bills and employee benefits June 7, 2011. This item will be voted on separately from the consent agenda.

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for May 24, and 31, 2011. See Clerk of Courts website.

C. Request approval of a Satisfaction of Lien on Case Number CE06080136, 465 Grand Prix Drive, Venus, Florida 33960. See Subdivision file.

D. Request approval of a Satisfaction of Lien on Case Number CE09100089, 6302 Apple Road, Sebring, Florida 33875. See Subdivision file.

E. Request approval of a Satisfaction of Lien on Case Number CE10060047, 175 E.A. Smith Avenue, Lake Placid, FL 33852. This item was pulled and will be brought back at a future date.

F. Request to approve a Release of Notice of Nuisance on Case Number SHC0008, 4504 Muriel Avenue, Sebring, FL 33870. See Subdivision file.

G. Request to approve a Release of Notice of Nuisance on Case Number SHC0005-0017, 111 Florida Drive, Lake Placid, FL 33852. See Subdivision file.

H. Request to approve a Release of Notice of Nuisance on Case Number CE9798-104, 1300 SR 64 West, Avon Park, FL 33825. See Subdivision file.

060711REG BOOK 21 PAGE 935

I. Request to approve a Release of Notice of Nuisance on Case Number SHC0004-0009, 4512 Muriel Avenue., Sebring FL 33870. See Subdivision file.

J. Request to approve a Release of Notice of Nuisance on Case Number SHC0004-0007, 120 Bryant Street, Lake Placid, FL 33852. See Subdivision file.

K. Request to approve a Release of Notice of Nuisance on Case Number CE94- 039, 4 Hopkins Avenue, Lake Placid, FL 33852. See Subdivision file.

L. Request to approve a Release of Notice of Nuisance on Case Number CE91- 177, 4224 Elson Avenue, Sebring, FL 33875. See Subdivision file.

M. Request approval of the First Amendment to the Agreement for the Lake Placid Watershed Management Evaluation & Plan (L473) SWFWMD Agreement No. 2006REV0037 (County Project 05011) with no additional fiscal impact. See SWFWMD file.

N. Request approval of Economic Development and Related Programs, Program Administration Services between Guardian Community Resource Management, Inc., a Florida Corporation and Highlands County Board of County Commissioners, Reference Bid Number: RFP 11-037. See Guardian Community Resource Management, Inc. file.

O. Request for approval of a Florida Department of Transportation (FDOT) Joint Participation Agreement for the construction phase of Highway Lighting Project, FM#414510-1-58-01 (US 27 at CR 29) to include accompanying Resolution. See FDOT file & Res. Book 24 Page 31.

P. Request approval of Resolution & Budget Amendment 10-11-090 for the Hazard Analysis Grant Project 10040 with a fiscal impact of $3,370. See Budget Amendment 2011 file, Res. Book 24 Page 32 & SMB 87 Page 37.

Q. Request approval of Resolution & Budget Amendment 10-11-115 authorizing an amendment to the Local Government Infrastructure Surtax Fund to transfer funds in the amount of $2,698,212.00 from Sebring Parkway Phase II (Project #01101) to Sebring Parkway Phase III (Project #09021) per the adopted Capital Financial Strategy FY 2010/2011 thru 2019/2020. See Budget Amendment 2011 file, Res. Book 24 Page 33 & SMB 87 Page 38.

R. Request approval of Budget Amendment 10-11-124 to realign Sheriff’s Office Project 07038 approved by the US Department of Justice. See Budget Amendment 2011 file & SMB 87 Page 39.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to accept the consent agenda as written with the exception of item 7E, which will be pulled for future; and pulling item 7A with payables to Alan Jay to be voted on separately.

Upon roll call, all Commissioners voted aye. The motion carried.

060711REG BOOK 21 PAGE 936

A. Request approval to pay all duly authorized bills and employee benefits June 7, 2011. See Check Report 2011 file for copy of check report and abstention form.

GENERAL FUND 2,845,396.36 COUNTY TRANSPORT TRUST 12,063.84 E911 OPERATIONS FUND 68,037.91 CONSERVATION TRUST FUND 3,000.00 FL BOATING IMPROVEMENT 2,069.92 LOCAL GOVT INFRA SURTAX 65,425.84 TOURIST DEV TRUST FUND 3.07 AFFORDABLE HOUSING ASST 870.00 HOME INITIATIVES PARTNER 8,274.52 STATE COURT FACILITIES TF 114.10 COURT TECH 28.24 (12) (E) 1 7,021.13 BUILDING FUND 563.28 IMPACT FEE LAW ENFORCEMT 21,050.55 SOLID WASTE 199,984.50 PLACID UTILITIES 5,129.21 HIGHWAY PARK UTILITY 1,519.31 ENERGY RECOVERY 61,208.65 EMPLOYEE BENEFIT FUND 2,142.43 INSURANCE FUND 31,519.57 HIGHLANDS HOSP PASS THRU 53,750.00

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the above item that was pulled to be approved separately. Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried.

8. ACTION: Ricky Helms, County Administrator, stated that he would like to add an item under 8E to discuss workshop dates to take place after July 12, 2011. Ross Macbeth, Board Attorney, stated that he had a brief issue to discuss under 8D.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as written with a special note on 8E to discuss dates for workshops after the second Tuesday of July. Upon roll call, all Commissioners voted aye. The motion carried.

A. Mr. Bob Swaine: Request to approve appointments to the Highlands County Health Facilities Authority. Mr. Bob Swaine, representing the Highlands County Health Facilities Authority, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to appoint Vicki Spires and Kevin Roberts to the Health Facilities Authority effective July 3, 2011. Each of these two appointments will serve a 4 year term expiring July 2, 2015; and move to appoint Patricia Borst to the Health Facilities Authority effective immediately. This person will serve the remainder of a unexpired term that will expire on July 2, 2012.

Commissioner Richie thanked the other persons who applied for the appointments and encouraged them to attend the meetings.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 40.

060711REG BOOK 21 PAGE 937

B. OMB Director and Mr. Paul McGehee, Chairman of the Economic Development Commission/Industrial Development Authority: Discussion on Economic Development funding for FY 11/12. Bernis Gainer, Director of Office of Management and Budget, and Mr. Paul McGehee, Chairman of the Economic Development Commission/Industrial Development Authority, briefly discussed funding for fiscal year 2011/2012. Mr. McGehee recognized members of the EDC/IDA that were in the audience.

Commissioner Elwell stated that in a down-economy they should not cut their marketing and would like to see maybe a 10% cut. Commissioner Elwell also stated that he would like see the IDA/EDC give semi-annual presentations to inform the public of their functions.

Commissioner Richie stated that he would like to see strong relationships between the IDA/EDC Board and the County’s three chambers, the Florida Rural and Economic Development Initiative, the Workforce Board, and the Community College.

Commissioner Harris stated that he is very excited for the IDA/EDC Board under Mr. McGehee’s leadership and their new hire.

Public input was received from John Drennan and Gabriel Read.

The Commission thanked the Economic Development Commission/Industrial Development Authority for attending the meeting today. See SMB 87 Page 41.

C. County Engineer: Request for consideration to declare approximately 10,300 tons of agricultural plastic (Ag Plastic) at the Highlands County Solid Waste Management Center as surplus, waive the two-step surplus disposal process and accept the offer of $1.50 per ton from Rational Energies. Ramon Gavarrete, County Engineer, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to declare approximately 10,300 tons of agricultural plastic (Ag Plastic) at the Highlands County Solid Waste Management Center as surplus, waive the two-step surplus disposal process and accept the offer of $1.50 per ton from Rational Energies.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 42.

D. Board Attorney: Ross Macbeth, Board Attorney, gave the Board a brief advance on a Code Enforcement proceeding that will be placed on the agenda for next week.

E. County Administrator: Ricky Helms, County Administrator, stated that he would like an indication from the Board on what days and times the Commission would like to meet for budget workshops to provide supplemental information following the budget presentation on July 12, 2011. Mr. Helms stated that the millage certification must be completed by August 4th. The Commission concurred to meet for workshops on Monday mornings and Thursday evenings. Mr. Helms stated that he will bring them a proposed meeting schedule next week.

060711REG BOOK 21 PAGE 938

9. CITIZENS NOT ON THE AGENDA

¾ Ray Royce, Town of Lake Placid Councilman, questioned the Recreation Interlocal Agreements and if all the agreements with the municipalities would have the same language for the section on unauthorized aliens. Ross Macbeth, Board Attorney, stated that the City of Sebring will consider the Interlocal Agreement tonight and, unless the other two municipalities have a problem with the language, all three of the interlocal agreements will be written alike. Mr. Royce questioned the recreation reimbursement of 50% and if it would be a good idea to take the 50% out and maybe have an amount that they could be reimbursed up to. Commissioner Elwell questioned the original intent of the 50% reimbursement. Mr. Macbeth addressed his question.

¾ Dale Wilson requested information on item 7Q of the consent agenda and questioned Phase III of the Sebring Parkway. Ricky Helms, County Administrator, addressed his concerns.

10. COMMISSIONERS:

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: No report.

¾ Commissioner Harris: No report.

11. ADJOURN The meeting adjourned at 10:33 a.m.

060711REG BOOK 21 PAGE 939

REGULAR MEETING OF THE BOARD, JUNE 14, 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 A. Stewart Commissioner R. Greg Harris Commissioner Don Elwell Commissioner Jack L. Richie

Also present: Ricky Helms, J. Ross Macbeth, Jerome Kaszubowski, Pamela Nava and Myra Corrado.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Jerome Kaszubowski. The Pledge of Allegiance was led by Rick Ingler.

3. ANNOUNCEMENTS

June 14 3:00 pm Planning & Zoning Commission and the Local Board Room, 600 S. Commerce Ave., Planning Agency Sebring, FL. June 15 9:00 am Children’s Services Council of Highlands County 1968 Sebring Parkway, Sebring, FL By-Laws Committee June 16 10:00 am Insurance Committee Board Room, 600 S. Commerce Ave., Sebring, FL. June 16 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff’s Tower Road, Sebring, FL. June 16 2:00 pm Illegal Dump Task Force #251, 600 S. Commerce Ave., Sebring, FL. June 16 9:30 am Community Health Improvement Planning (CHIP) Conference room A, 7205 S. George Blvd., Council Sebring, FL. June 17 9:00 am Lake Istokpoga Management Committee Room 2, Bart J. Harris Agricultural Center, 4509 George Blvd., Sebring, FL.

A. Other meetings:

 The Triathlon takes place this weekend on Saturday for kids and Sunday for adults.

 The Juneteenth Festival is this Saturday from 12:30 p.m. until 5:00 p.m. at the Sports Complex.

 Commissioner Elwell stated that today was Flag Day.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

061411REG BOOK 21 PAGE 940

7. CONSENT AGENDA: Commissioner Elwell requested an explanation on item 7D. Ricky Helms, County Administrator, addressed his concerns.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 14, 2011.

GENERAL FUND 494,547.48 ISTOKPOGA MARSH IMP DIST 285.00 COUNTY TRANSPORT TRUST 40,719.43 INTERGOVT RADIO COMMUNICA 135.00 LOCAL GOVT INFRA SURTAX 128,593.49 TOURIST DEV TRUST FUND 3,009.48 AFFORDABLE HUSING ASST 12,000.00 STATE COURT FACILITIES TF 2,841.99 BUILDING FUND 422.43 IMPACT FEE TRANSP AVON PK 72.91 IMPACT FEE TRANSP LK PLCD 199.72 IMPACT FEE TRANSP SEBRING 478.61 IMPACT FEE P&R AVON PARK 10.45 IMPACT FEE PARKS & REC LP 16.38 IMPACT FEE P&R SEBRING 34.51 IMPACT FEE CORR FACILITY 48.83 IMPACT FEE FIRE 46.54 IMPACT FEE LIBRARIES 21.57 IMPACT FEE LAW ENFORCEMT 11.60 IMPACT FEE EMS 3.05 SOLID WASTE 13,909.43 PLACID UTILITIES 4,526.34 HIGHWAY PARK UTILITY 670.77 ENERGY RECOVERY 156,151.53 EMPLOYEE BENEFIT FUND 7.64

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for June 7, 2011. See Clerk of Courts website.

C. Request approval of Resolution & Budget Amendment 10-11-126 for insurance proceeds received from the Hartford Southeast Personal Lines Claim Service Center for property damage settlement with a fiscal impact of $404.46, and insurance proceeds received from Erie Insurance Exchange for damage to traffic count station at Springdale and the Sebring Parkway with a fiscal impact of $8,461.74. See Budget Amendment 2011 file, Res. Book 24 Page 34 & SMB 87 Page 43.

D. Request approval of Resolution & Budget Amendment 10-11-131 for re-alignment and adjustment of negative overtime account balances with a fiscal impact of $2,659.92. See Budget Amendment 2011 file, Res. Book 24 Page 35 & SMB 87 Page 44.

061411REG BOOK 21 PAGE 941

8. ACTION: Ricky Helms, County Administrator, requested to add an item under County Engineer, to consider the approval of project priorities to be submitted to the Florida Department of Transportation. Commissioner Stewart stated that it would be added as item A4.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as amended, with the addition of item 4, the TRIP application agenda.

Upon roll call, all Commissioners voted aye. The motion carried.

A. County Engineer:

1. Presentation and request for approval of Project Priorities to be submitted to the Florida Department of Transportation (FDOT) for the Transportation Enhancement Program FY 2013/2014 through FY 2016/2017 and authorization for County Engineer to sign applications for submittal. Ramon Gavarrete, County Engineer, presented the request. The Commission addressed their comments and concerns. Public input was received from Gabriel Read, John Drennan, Bill Youngman and Dale Wilson.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the submitted ranking of priorities for the submittal to FDOT for the Transportation Enhancement Program for FY 2013/2014 through 2016/2017 and authorize the County Engineer to sign all applications and follow up information for submittal.

Upon roll call, all Commissioners voted aye. The motion carried. See FDOT file.

2. Presentation and request for approval of Project Priorities to be submitted for the 2011 Florida Department of Transportation’s (FDOT) Tentative Five Year Work Program for Fiscal Years’ 2013/2014 through 2016/2017 and authorization for County Engineer to sign applications for submittal. Ramon Gavarrete, County Engineer, presented the request. The Commission addressed their comments and concerns. Public input was received from Bill Youngman, John Drennan and Dale Wilson.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the project priorities to be submitted for the FDOT, District One Tentative Five Year Work Program for Fiscal Years 2013/2014 through 2016/2017 and authorize the County Engineer to sign all applications and follow up information for submittal.

Upon roll call, all Commissioners voted aye. The motion carried. See FDOT file.

3. Presentation and endorsement of the projects to be submitted for the 2011 Florida Department of Transportation’s (FDOT) County Incentive Grant Program, Small County Outreach Program (SCOP), and the Small county Road Assistance Program (SCRAP) for Fiscal Years’ 2013/2014 through 2016/2017 and authorization for County Engineer to sign applications for submittal.

061411REG BOOK 21 PAGE 942

Ramon Gavarrete, County Engineer, presented the request. The Commission addressed their comments and concerns. Public input was received from Dale Wilson, Bill Youngman, Gabriel Read and Tamra Mathy.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the project priorities to be submitted for the Florida Department of Transportation – County Incentive Grant Program (CIGP), Small County Outreach Program (SCOP), and the Small County Road Assistance Program (SCRAP) for Fiscal Years 2013/2014 through 2016/2017 and authorize the County Engineer to sign all applications and follow up information for submittal as amended on the priority list today.

Upon roll call, all Commissioners voted aye. The motion carried. See FDOT file.

4. Presentation and request for approval of the projects to be submitted to the Florida Department of Transportation (FDOT) for the Transportation Regional Incentive Program (TRIP) for Fiscal Hears 2016/2017 through Florida’s Heartland Rural Economic Development Initiative, Inc. (FHREDI). Ramon Gavarrete, County Engineer, presented the request. The Commission addressed their comments and concerns.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the submitted ranking of priorities for the submittal to the Florida Department of Transportation (FDOT) through Florida’s Heartland Rural Economic Development Initiative, Inc. (FHREDI) for FY 2016/2017.

Upon roll call, all Commissioners voted aye. The motion carried. See FDOT file.

Break: 11:00 a.m. to 11:10 a.m.

B. Jerome Kaszubowski: Request approval of a funds reclassification request and budget amendment #10-11-133, with a fiscal impact of $4,000. Jerome Kaszubowski, Chief Technology Officer for the Clerk of Courts, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve budget amendment 10-11-133 totaling $4,000 from the Clerk of Courts 2010-2011 Operating Budget to the Clerk of Courts 2010-2011 Capital Outlay Budget.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 45.

C. Board Attorney: No report.

D. County Administrator:

1. Discussion on Budget Workshops Schedule. The Commission came to a consensus to schedule the following dates for budget workshops:

061411REG BOOK 21 PAGE 943

Monday, July 18, 2011 from 5:00 p.m. to 8:00 p.m. Thursday, July 21, 2011 beginning at 9:00 a.m. Monday, July 25, 2011 beginning at 9:00 a.m. Monday, August 1, 2011 beginning at 9:00 a.m. Thursday, August 4, 2011 from 5:00 p.m. to 8:00 p.m.

Ricky Helms, County Administrator, stated that the Budget Public Hearings were scheduled for September 8, 2011 at 5:30 p.m. and September 20, 2011 at 5:30 p.m.

2. Update on Short Term Goals. Ricky Helms, County Administrator, addressed the Short Term Goals. The Commission addressed their concerns. Ross Macbeth, Board Attorney, addressed the charter government. Mr. Helms stated that impact fees will be discussed at the evening meeting on June 28, 2011. Commissioner Stewart questioned the committee memberships. See SMB 87 Page 46.

9. CITIZENS NOT ON THE AGENDA: Tamra Mathy commented on road maintenance for Canary Way. Kyle Green, Road and Bridge Superintendent, and Ross Macbeth, Board Attorney, addressed her concerns.

Ray Royce, Lake Placid Town Council member, suggested that the Board hold the budget workshops as special meetings so that they can take action if necessary. Ross Macbeth, Board Attorney, addressed the issue. The Commission concurred to advertise for special meetings.

10. COMMISSIONERS:

 Commissioner Harris: Commissioner Harris commented on the Sebring Airport Authority meeting he attended last week and stated that he has spent a few weekends at the Sports Complex.

 Commissioner Richie: Commissioner Richie stated that he attended the Lake Placid Vision meeting last week.

 Commissioner Elwell: Commissioner Elwell questioned the bids for the website update. Ricky Helms, County Administrator, stated that they can accept written quotes. Commissioner Elwell advised to call Gloria Rybinski if anyone is interested in bidding. Commissioner Elwell also congratulated Scott Mann, Chief of the West Sebring Volunteer Fire Department for being named Florida’s Volunteer Firefighter of the Year. Commissioner Stewart requested Mr. Helms to plan a recognition for Mr. Mann.

 Commissioner Stewart: Commissioner Stewart requested that Mr. Helms meet with the Sebring Airport Authority to get up to speed on their plans and projects and requested that Mr. Helms inform the Commission of his plans for hiring a new EMS Director. Commissioner Stewart also commented on the Florida Wildlife Federation Conservations Award Banquet that she attended last week.

11. ADJOURN The meeting adjourned at 1:20 p.m.

061411REG BOOK 21 PAGE 944

REGULAR MEETING OF THE BOARD, JUNE 21, 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 R. Greg Harris Commissioner Jack L. Richie

Commissioner Don Elwell was absent from this meeting.

Also present were Ricky Helms, J. Ross Macbeth, Robert W. Germaine, Myra Corrado and Pamela Nava.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Stewart. The Pledge of Allegiance was led by Rick Ingler.

3. ANNOUNCEMENTS

June 21 3:00 pm Highlands Soil & Water Conservation Room #3, Bert J. Harris, Jr. Agricultural District Center 4509 George Blvd., Sebring

A. Other meetings:

The Florida Association of Counties will meet today in Orlando.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff:

1. Request approval of Federal Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Solicitation. Sheriff Benton presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the attached grant application. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 47.

2. Request for countywide execution of the FFY 2011 Edward Byrne Memorial Justice Assistance Grant – Certificate of Participation and designation of Project Coordinator. Sheriff Benton presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve execution of the Certification of Participation and designation of project coordinator for grant funding in the amount of $89,542.00 and Lisa Burley is the designated coordinator. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 48.

062111REG BOOK 21 PAGE 945

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

Commissioner Stewart announced that the South Florida Water Management District has a new Interim Director.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Administrative Services Director: Presentation of the Government Finance Officers Association Distinguished Presentation Award. Gerald Secory, Administrative Services Director, invited the Commissioners and Ricky Helms, County Administrator, to present the Budget Department a “Distinguished Budget Presentation Award” from the Government Finance Officers Association. See SMB 87 Page 49.

7. CONSENT AGENDA: Commissioner Stewart briefly addressed item 7B. Public input was received from Bill Youngman. Commissioner Richie asked to have it stated, for the record, that all mortgages have been paid in full prior to their approval. June Fisher, Assistant County Administrator, stated that he was correct.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 21, 2011. See Check Report 2011 file.

General Fund 289,770.42 County Transport Trust 20,371.21 Local Govt Infra Surtax 207,657.04 Tourist Dev Trust Fund 5,500.00 Affordable Housing Asst 6,158.74 Sebring Parkway Maint 90.13 Court Tech 28.24(12) (E) 1 17,827.37 Solid Waste 19,049.13 Placid Utilities 5,467.71 Highway Park Utility 1,841.18 Energy Recovery 96.706.86 Tax Deed Surplus Fund 5,216.95

B. Request approval of Satisfaction of Mortgages with respect to the State Housing Initiative Partnership (SHIP) Program. See Satisfaction of Mortgages file.

C. Request approval of Resolution & Budget Amendment 10-11-141 for insurance proceeds received from Preferred Governmental Insurance Trust Combined Claims Account for lightning damage to electrical equipment at

062111REG BOOK 21 PAGE 946

the Landfill on 4/18/11 with a fiscal impact of $2,124.34. See Budget Amendment 2011 file, SMB 87 Page 50 & Res. Book 24 Page 36.

D. Request approval of Resolution & Budget Amendment 10-11-143 for Jail Maintenance Boiler Repair/Replacement with a fiscal impact of $18,600. See Budget Amendment 2011 file & SMB 87 Page 51.

8. PUBLIC HEARING: Public Hearing to approve and execute the Settlement Agreement for the findings of “not in compliance” from the Florida Department of Community Affairs (DCA) for the Evaluation and Appraisal Report (EAR) Based Amendments (10-1ER), and the Lake Placid Groves Development of Regional Impact (DRI) (10-D1). Mark Hill, Development Services Director, and Don Hanna, with the Planning Department, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Patricia Steed and Jennifer Codo-Salisbury, with the Central Florida Regional Planning Council, were present for the hearing. Public input was received from Dale Gillis.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the Settlement Agreement for the EAR Based Amendments (10-1ER) and the Lake Placid Groves DRI (10-D1).

Upon roll call, all Commissioners voted aye. The motion carried. See Department of Community Affairs file & Proof of Publication file.

9. PUBLIC HEARING: Public Hearing to approve the remedial actions required by the Stipulated Settlement Agreement in the form of a Comprehensive Plan Text Amendment, CPA-11-518LS, pertaining to Highlands County Comprehensive Plan Amendments/Evaluation and Appraisal Report (EAR) Based Amendments (10- 1ER), and the Lake Placid Groves Development of Regional Impact (DRI) (10-D1). Mark Hill, Development Services Director, and Don Hanna, with the Planning Department, presented the request. Mr. Hanna 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. Public input was received from Gabriel Read.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to adopt the Ordinance CPA-11-518LS, amending the text of the Future Land Use Element, the Infrastructure Element, and the Natural Resources Element of the Highlands County Comprehensive Plan as required by the Stipulated Settlement Agreement for the EAR Based Amendments (10-1ER), and the Lake Placid Groves DRI (10-D1); and transmitting such amendments to the Florida Department of Community Affairs for their compliance determination, and becoming effective as provided by law.

Upon roll call, all Commissioners voted aye. The motion carried. See Ord. Book 14 & Proof of Publication file.

Pat Steed, Executive Director for the Central Florida Regional Planning Council, presented Daniel Yelito, the Heartland Mobility Coordinator.

062111REG BOOK 21 PAGE 947

10. ACTION: Ricky Helms, County Administrator, stated there were no changes to the action agenda.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as submitted.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Development Services Director: Request for approval of the Partial Release of Reversionary interest in the Warranty Deed by which land was transferred from the Heartland Community Land Trust, Inc. to Highlands County Habitat for Humanity, Inc. for Mason’s Ridge Neighborhood Community. Mark Hill, Development Services Director, presented the request. Ross Macbeth, Board Attorney, addressed the releases of reversionary interest. John Hawthorne, Executive Director of the Highlands County Habitat for Humanity, discussed the financing requirements on the construction loan. After discussion, Commissioner Stewart gave direction to Mr. Macbeth to meet with Mr. Hawthorne and Mr. Jim Clinard, from Heartland National Bank, to work out any issues on the reversionary interest.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Partial Release of the Reversionary Interest in the Warranty Deed dated July 23, 2009, by which land was transferred from the Heartland Community Land Trust, Inc. to Highlands County Habitat for Humanity, Inc. for the Mason’s Ridge Neighborhood Community.

Upon roll call, all Commissioners voted aye. The motion carried. See County Deed file.

B. Parks and Natural Resources Director: Request for approval of the RPAC recommended project for the City of Avon Park for an irrigation well at Head Field and Budget Amendment 10-11-130 with a fiscal impact of $9,686. Vicki Pontius, Parks and Natural Resources Director, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the RPAC recommendation of the expenditure of $9,686.00 for the installation of an irrigation well at Head Field with the accompanying budget amendment 10- 11-130.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 87 Page 52.

C. Planner: Request approval to appoint two members to the Historic Preservation Commission for four-year terms expiring June 30, 2015. Janice McCarthy, with the Planning Department, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to appoint Bill Swann and Harold Brown to the Historic Preservation Commission for four-year terms expiring June 30, 2015.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 53.

062111REG BOOK 21 PAGE 948

D. Assistant Veterans Services Officer: Request approval of the appointment of Mr. Cesar Pinzon to the Veterans Advisory Board. Jackie Graham, Assistant Veteran’s Services Officer, presented the request. Mr. Cesar Pinzon stated that he would like to withdraw his application. Public input was received from Gabriel Read.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve Harry Oakley, an active veteran, to begin his first term with the Veterans Advisory Board with the July 7, 2011 meeting.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 54.

E. Board Attorney: No report.

F. County Administrator: No report.

11. CITIZENS NOT ON THE AGENDA: No participants.

12. COMMISSIONERS:

 Commissioner Harris: Commissioner Harris thanked everyone who helped with the Heartland Triathlon.

 Commissioner Richie: Commissioner Richie commented on the 10th Anniversary of Cross Country that he attended last week.

 Commissioner Stewart: Commissioner Stewart commented on the Chamber of Commerce Annual Banquet in Avon Park that she attended last week and congratulated Parke Sutherland and MidFlorida Credit Union for the awards presented to them, and thanked all the volunteers at the Kenilworth Residential Health Care Facility. Commissioner Stewart also commented on the Florida’s Heartland Rural and Economic Development Initiative meeting she attended last week.

13. ADJOURN The meeting adjourned at 10:29 a.m.

062111REG BOOK 21 PAGE 949

REGULAR MEETING OF THE BOARD, JUNE 28, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara A. Stewart Commissioner R. Greg Harris Commissioner Don Elwell Commissioner Jack L. Richie

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine and Myra Corrado.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ross Macbeth. The Pledge of Allegiance was led by Rick Ingler.

Commissioner Stewart requested a moment of silence and prayer for Private First Class Joshua Jetton.

3. ANNOUNCEMENTS

June 29 4:00 pm Natural Resources Advisory Commission Room 3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, Florida.

A. Other meetings:

Commissioner Elwell announced that there are supply drives going throughout the County and an account has been set up at MidFlorida Bank to help assist Ms. Joshua Jetton.

4. CLERK: Bob Germaine, Clerk of Courts, gave a brief report on the Grand Jury Indictments.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

Gary Ritter, with the South Florida Water Management District – Okeechobee Service Center, gave a brief update on the water levels for Lake Okeechobee and Lake Istokpoga and briefly commented on the meeting of the landowners of the Lake Istokpoga Marsh District meeting that took place last week.

Mr. Ritter also informed the Board that the Okeechobee Service Center will continue to function this year providing services for Highlands, Okeechobee, and Glades Counties.

062811REG BOOK 21 PAGE 950

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Ms. Julie Fowler, NCT Group, CPA’s, Presentation on LarsonAllen. Julie Fowler, with the NCT Group, announced that they will be joining the firm LarsonAllen on July 1, 2011. Bill Benton, with LarsonAllen, stated that he looked forward to providing services to Highlands County. See SMB 87 Page 56.

7. CONSENT AGENDA: Commissioner Stewart requested a clarification for the Commission and the public on item 7D regarding the number of checks that have been issued to the Miracle League. June Fisher, Assistant County Administrator/Community Services Division Director, addressed her request. Bernis Gainer, Director of Office of Management and Budget, also gave a brief clarification on the number of checks that have been issued.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to accept the consent agenda as submitted.

Commissioner Richie withdrew his motion and Commissioner Elwell withdrew his second.

Commissioner Elwell declared a conflict of interest on item 7A and requested the item be moved for separate voting.

A. Request approval to pay all duly authorized bills and employee benefits June 28, 2011. This item will be considered for approval below.

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for June 14, 2011. See Clerk of Courts website.

C. Request approval of Resolution & Budget 10-11-144 regarding Recreation funding for the Municipalities with a fiscal impact of $60,674. See Res. Book 24 Page 38, Budget Amendment 2011 file & SMB 87 Page 57.

D. Request approval of Resolution & Budget Amendment 10-11-148 regarding the Miracle League funding for the Town of Placid Project #08039 with a fiscal impact of $30,000. See Res. Book 24 Page 39, Budget Amendment 2011 file & SMB 87 Page 58.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the exception of the bill to be paid to Alan Jay.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 28, 2011.

Commissioner Elwell declared a conflict of interest on item 7A regarding a payment to Alan Jay, his current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record.

062811REG BOOK 21 PAGE 951

GENERAL FUND 322,114.34 COUNTY TRANSPORT TRUST 24,323.34 FL BOATING IMPROVEMENT 1,170.00 LOCAL GOVT INFRA SURTAX 125,548.13 AFFORDABLE HOUSING ASST 15,102.00 SEBRING PARKWAY MAINT 2,589.27 STATE COURT FACILITIES TF 252.42 LEGAL AID TRUST FUND 3,638.29 COURT TECH 28.24 (12) (E) 1 3,396.25 SOLID WASTE 14,685.12 ENERGY RECOVERY 33,868.89

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve payment of the bill to Alan Jay as submitted.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried. See Check Report 2011 file for copy of check report and abstention form.

8. PUBLIC HEARING: PUBLIC HEARING: Public Hearing to consider an Ordinance amending Subsection 3 of Section 13-29, of Chapter 13 of the Code of Ordinances, Highlands County, Florida; providing for payment of impact fees; providing for severability; providing for conflict; providing for inclusion in the Code; and providing for an effective date. Ramon Gavarette, County Engineer, 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. See Proof of Publication file for copy.

Public input was received by C. D. Boring, Marilyn Barger, Gabriel Read, Dale Wilson, Bill Youngman, Ray Royce, Mr. Shira, Mike Perry, Ken Leblanc, Gene Reese, Betsy Bagwell, Don Maddox, Jeff Ludwick, Mark Gose and Keith Carter.

The Commission addressed their comments and concerns. Commissioner Harris and Commissioner Elwell concurred that now is not the time for impact fees. Commissioner Richie read a report from Chief Economist William Pittenger to the Commission. Commissioner Stewart addressed her concerns and stated that she would support any motion to suspend impact fees.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to adopt the Ordinance as proposed. Commissioner Stewart read part of the Ordinance into the record for clarification.

Upon roll call, all Commissioners voted aye. The motion carried. See Ord. Book 14, Proof of Publication file & Impact Fee file.

9. ACTION: Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

062811REG BOOK 21 PAGE 952

A. Assistant County Administrator: Request approval of Amendment 2 to the Contract Development of a Habitat Conservation Plan for Highlands County. June Fisher, Assistant County Administrator, presented the request. Commissioner Stewart questioned the reduction. Ms. Fisher addressed her question. Public input was received from Ray Royce.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve Amendment 2 to the Contract Development of a Habitat Conservation Plan for Highlands County.

Upon roll call, all Commissioners voted aye. The motion carried. See Florida Fish & Wildlife Commission file.

B. Board Attorney: Ross Macbeth, Board Attorney, informed the Board that the objection filed in a Probate proceeding rising out of a Code Enforcement claim was withdrawn.

C. County Administrator: No report.

10. CITIZENS NOT ON THE AGENDA: No participants.

11. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris commented on the County’s flag protocol.

¾ Commissioner Richie: Commissioner Richie commented on the meetings he attended last week.

¾ Commissioner Elwell: Commissioner Elwell suggested modifications to the County’s flag pole protocol and also suggested setting up a Facebook page for the County. Commissioner Elwell congratulated Mr. Charlie Brown, the 1st Florida FFA President from Highlands County.

¾ Commissioner Stewart: Commissioner Stewart commented on the meeting that she attended last week concerning the Department of Community Affairs.

12. ADJOURN The meeting adjourned at 7:52 p.m.

062811REG BOOK 21 PAGE 953

REGULAR MEETING OF THE BOARD, JULY 5, 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 R. Greg Harris Commissioner Don Elwell Commissioner Jack L. Richie

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Harris. The Pledge of Allegiance was led by Rick Ingler.

3. ANNOUNCEMENTS

July 05 7:00 pm Construction Licensing, Enforcement & Board room, 600 S. Commerce Ave., Appeals Board Sebring, FL. July 11 9:00 am Highlands County Homeowners Association 3240 Grand Prix Ave., Sebring, FL.

A. Other meetings:

¾ The Highlands County Tourist Development Council will meet on July 7, 2011 at 8:15 a.m. at the Chateau Elan in Sebring.

¾ The Lake Placid Town Council will meet on July 7, 2011 in the Town Hall at 5:00 p.m.

4. CLERK: Bob Germaine, Clerk of Courts, briefly announced the new judge assignments. Judge Langford will handle Circuit Civil and Probate Court; Judge Cowden will handle Felony Court; Judge Shinholser will continue in Family Court; Judge Estrada will handle Juvenile Court; and Judge Ritenour will continue as the County Court Judge.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: Request approval of the 2011-2012 Victim of Crime Act (VOCA) Contract. Ricky Helms, County Administrator, briefly presented the request. Lisa Burley, with the Sheriff’s Office, addressed the request.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the 2011-2012 Victim of Crime Act (VOCA) Acceptance Contract in the amount of $98,602.00.

Upon roll call, all Commissioners voted aye. The motion carried. See Sheriff’s Office file.

B. Property Appraiser:

C. Tax Collector:

D. Supervisor of Elections:

070511REG BOOK 21 PAGE 954

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Administrative Services Director: Employee recognition for years of service. Gerald Secory, Administrative Services Director, invited Ricky Helms, County Administrator, and the Commission to present a recognition award to Raymond Moro-Davila, for his years of service to Highlands County. See SMB 87 Page 59.

7. CONSENT AGENDA: Commissioner Elwell declared a conflict of interest on item 7A, which contains a payment to his current employer, Alan Jay. A Memorandum of Voting Conflict Form was provided to the Clerk to become part of the permanent record.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the exception of withdrawal of the payment to Alan Jay.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to make the payment 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 July 5, 2011. See Check Report file for copy of check report and abstention form.

GENERAL FUND 2,290,004.44 COUNTRY TRANSPORT TRUST 5,034.32 E911 OPERATIONS FUND 68,037.91 FL BOATING IMPROVEMENT 1,180.59 LOCAL GOVT INFRA SURTAX 270,305.77 TOURIST DEV TRUST FUND 2,656.49 AFFORDABLE HOUSING ASST 3,400.00 HOME INITIATIVES PARTNER 10,000.00 COURT TECH 28.24 (12) (E) 1 5,213.00 BUILDING FUND 4.48 SOLID WASTE 203,331.75 PLACID UTILITIES 605.02 HIGHWAY PARK UTILITY 123.91 ENERGY RECOVERY 927.51 EMPLOYEE BENEFIT FUND .64 INSURANCY FUND 34,526.73

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for June 21, 2011. See Clerk of Courts website.

C. Request approval of Budget Amendment 10-11-127 to reallocate funds for temporary Recycling staff and contractual services for a consultant to assist with the preparation of an RFP for the privatization of Recycling with no net financial impact. See Budget Amendment 2011 file & SMB 87 Page 60.

070511REG BOOK 21 PAGE 955

8. PUBLIC HEARING: Public Hearing to consider the purchase of a portion of property including an Easement located at 2838 US Alt. 27, Sebring, FL 33870 for Sebring Parkway Phase II, Project #01101 and approval of Contract for sale and purchase with an estimated fiscal impact of $300,000.00. Chris Benson, Lands Acquisition Manager, 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.

Danny Tantleff, representing the owner of the property, presented their request. The Commission discussed the issue in detail. Mr. Tantleff stated that the owner is willing to make a deal to sell the property for $278,000.00. Ross Macbeth, Board Attorney, suggested that the Board consider the offer as a pretty reasonable solution to their need for the property.

Public input was received from Gabriel Read.

Commissioner Richie questioned Mr. Tantleff what the bottom line amount was. Mr. Tantleff stated it was $278,000.00. Commissioner Elwell stated that he believes the appraised value has come down since 2009. Commissioner Stewart questioned if the seller was willing to meet with County staff for possible reductions. Commissioner Harris questioned if no other acres were available that would work. Ramon Gavarrete, County Engineer, stated that, for a retention pond, this was the area.

Commissioner Elwell stated that he would settle today for the price of $250,200.00, which is a 10% reduction from the 2009 appraised value. Commissioner Richie stated that he would like to hear from the seller. Mr. Tantleff requested a short break to contact the bank.

Break: 9:55 a.m. to 10:06 a.m.

Mr. Tantleff suggested a sell price of $264,000.00, a reduction from the 2009 appraised value of about 5%. Commissioner Stewart stated that the 10% reduction was a fair amount and would be prudent on behalf of the tax payer to have the property re-appraised. Mr. Tantleff stated to Commissioner Stewart that having said that, he was authorized by the bank to accept the $250,200.00.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to purchase the property being considered for the retention pond, the easement located along 2838 US Alt 27, Sebring, Fl. 33870, for Sebring Parkway Phase II Project and approval of contract for sale and purchase with an estimated fiscal impact of $250,200.00.

Commissioner Stewart questioned if the motion was with the understanding that the offer is a firm $250,200.00. Commissioner Harris stated yes. Mr. Gavarrete requested that the motion include authorization for the Chair to sign the contract once it has been revised with the new purchase price.

Commissioner Harris included in his motion the authorization for the Chair to sign the contract once it is re-written. Commissioner Richie seconded the addition.

Upon roll call, all Commissioners voted aye. The motion carried. County Deed 2011 file.

070511REG BOOK 21 PAGE 956

9. ACTION: Ricky Helms, County Administrator, requested to add an item under County Administrator to update the Board on the Facebook page discussion.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as amended, adding item 9C1: Facebook page discussion and update.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Commissioner Don Elwell: Request approval of a proposed amendment to the Flag Policy. Commissioner Elwell presented the proposed 2011 Policy for the flag display protocol. The Commission addressed their comments and concerns and came to a consensus to completely eliminate the fifth bullet under the first paragraph and to change the first sentence of the second paragraph to read as follows:

Highlands County School Board and all municipalities will be notified upon any flag protocol implementation and requested to follow this protocol.

Input was received from Jackie Graham, Assistant Veteran Services Officer, and Mr. Al Bowles.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the proposed flag display protocol as amended today and the amendments are: the elimination of point number 5; the elimination of the interlocal agreement, and to change the first sentence to read: Highlands County School Board and all municipalities will be notified upon any flag protocol implementation and requested to follow this protocol.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 61.

B. Board Attorney:

1. Request approval of Amendments to the City of Avon Park ($180,000) and the Town of Lake Placid ($130,000) Interlocal Agreements for County reimbursement of Municipal Recreation expenses with a fiscal impact of $310,000. Ross Macbeth, Board Attorney, presented the request. John Komasa, Public Works Director for the Town of Lake Placid, requested the Commission strike the 50% of the Town’s total actual operation and maintenance from the first sentence in Section 4 and have it read:

The County agrees to obligate and make available to the Town reimbursement for the full $130,000 based upon verification that all expenses were in the operation and maintenance expenditures…

After discussion, the Commission concurred that they were not in favor of making the requested change. Input was received from Ray Royce, Town of Lake Placid Councilman, concerning Mr. Komasa’s request.

070511REG BOOK 21 PAGE 957

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the individual amendments to the individual Interlocal Agreements for recreation reimbursements from Highlands County to the City of Avon Park, and from Highlands County to the Town of Lake Placid.

Upon roll call, all Commissioners voted aye. The motion carried. See City of Avon Park file & Town of Lake Placid file.

2. Request approval of City of Sebring Substitute Interlocal Agreement for $190,000 for County reimbursement of Municipal Recreation expenses with a fiscal impact of $190,000. Ross Macbeth, Board Attorney, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Interlocal Agreement for recreation reimbursements from Highlands County to the City of Sebring as a replacement, substitute for the January 4, 2011 Interlocal Agreement for recreation.

Upon roll call, all Commissioners voted aye. The motion carried. See City of Sebring file.

C. County Administrator:

1. Discussion of Facebook page for the County. Ricky Helms, County Administrator, stated that setting up a Facebook page for the County can be accomplished and will be working on it very soon. Mr. Helms stated that the number of people having access to the page will be limited to two or three people just for forwarding updates.

Commissioner Stewart commented on the Special Budget meetings that have been scheduled for July 12th, 18th, 21st, and 25th. Mr. Helms suggested the Commission let him know if there is a particular order they would like items to be presented.

10. CITIZENS NOT ON THE AGENDA

Mr. Norman Sutton, owner of U-Lock-It Storage, came before the Commission to advise that he does not wish to have a dumpster on his property and does not wish to pay Choice Environmental for not having a dumpster there, because he believes it is not needed. Mr. Sutton entered photographs into the record.

Ricky Helms, County Administrator, stated that commercial properties are required to have a contract with one of the franchise haulers or they can file for a commercial exemption with the County that has a yearly application fee of $100. Mr. Helms stated that Mr. Sutton has applied for an application but refuses to pay the fee. Beatriz Johnson, Assessment Coordinator, addressed the issue. Mr. Sutton stated that he cannot justify paying the fee and not getting anything for his money, because he does not need the dumpster. Ross Macbeth, Board Attorney, addressed the rationale of the application fee. Mr. Helms pointed out that this issue has already been referred to Code Enforcement and there may be an assessment if the issue is not closed in the appropriate time. After discussion, Commissioner Stewart stated that there was no action taken and will continue to abide by their existing ordinance.

070511REG BOOK 21 PAGE 958

11. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie stated that he would like to place an item on the agenda that would pertain to the 3% that employees have to pay for retirement. Mr. Richie stated that there has been no planning to help employees plan for this additional subtraction from their paycheck.

¾ Commissioner Elwell: Commissioner Elwell commented on the Fourth of July festivities that he attended and congratulated all the volunteers that made them possible.

¾ Commissioner Harris: No report.

¾ Commissioner Stewart: No report.

12. ADJOURN The meeting adjourned at 11:37 a.m.

070511REG BOOK 21 PAGE 959

REGULAR MEETING OF THE BOARD, JULY 12, 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 R. Greg Harris Commissioner Jack L. Richie 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 Bob Germaine, Clerk of Courts. The Pledge of Allegiance was led by Mr. Fred Arbelo.

3. ANNOUNCEMENTS

July 13 7:30 am Industrial Development Authority & Economic Board room, Sebring Regional Airport, 128 Development Commission Board meeting Authority Lane, Sebring, FL July 14 1:30 pm Code Enforcement Special Magistrate Pamela T. Board room, 600 S. Commerce Ave., Sebring, Karlson FL July 14 2:30 pm Historic Preservation Commission Development Services Conference room, 501 S. Commerce Ave., Sebring, FL

A. Other meetings:

¾ The YMCA will team up with the Health Department for an eight-week wellness program beginning on August 19, 2011.

¾ Commissioner Richie will be speaking at the Highlands County Tea Party meeting tonight.

Commissioner Stewart recognized all of the volunteers present in the audience.

4. CLERK: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts report for the month of June 2011. See SMB 87 Page 63.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: Request approval of Budget Amendment 10-11-155. Sheriff Benton presented the request. The Commission addressed their comments and concerns. Tim Mechling, Budget Manager, addressed some of the Commission’s concerns.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to accept the grant award and approve expenditure for capital items, and the related Budget Amendment and Resolution for the above action.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 41 & SMB 87 Page 64.

071211REG BOOK 21 PAGE 960

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

Gary Ritter, with the South Florida Water Management District – Okeechobee Service Center, commented on water levels for Lake Okeechobee and Lake Istokpoga and informed the Commission that the 9-County Coalition will meet at the Okeechobee County Courthouse on Friday, July 15, 2011 at 10:00 a.m.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: The Commission presented Mr. Bernis Gainer, Director of Office of Management and Budget, a Certificate of Recognition for his dedication and years of service to the citizens of Highlands County. See SMB 87 Page 65.

7. CONSENT AGENDA: Commissioner Elwell requested clarifications for the public on items 7E, 7H, and 7J. Ricky Helms, County Administrator, addressed item 7E. Ramon Gavarrete, County Engineer, addressed item 7H. Tim Mechling, Budget Manager, addressed item 7H.

Commissioner Elwell declared a conflict of interest on a payment listed on item 7A to Alan Jay, his current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as proposed, with the exception of withdrawal of the Alan Jay payment.

Commissioner Elwell questioned, for clarification, if the motion included all of the items on item 7A, with the exception of the payment to Alan Jay. Commissioner Richie stated yes.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to pay the authorized bill to Alan Jay, that was excluded from the consent agenda.

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 July 12, 2011. See Check Report file for copy of check report and abstention form.

GENERAL FUND 927,165.76 COUNTY TRANSPORT TRUST 15,475.98 FL BOATING IMPROVEMENT 1,424.25 LOCAL GOVT INFRA SURTAX 39,802.24 TOURIST DEV TRUST FUND 129.52 AFFORDABLE HOUSING ASST 3,675.11 HURRICANE HOUSING REC PRO 12,528.78 STATE COURT FACILITIES TF 194.61 LEGAL AID TRUST FUND 3,638.29

071211REG BOOK 21 PAGE 961

COURT TECH 28.24 (12) (E) 1 5,633.65 BUILDING FUND 28.28 IMPACT FEE CORR FACILITY 96,834.25 IMPACT FEE LAW ENFORCEMT 8,631.30 SOLID WASTE 47,372.45 PLACID UTILITIES 1,470.86 HIGHWAY PARK UTILITY 250.73 ENERGY RECOVERY 1,884.31 EMPLOYEE BENEFIT FUND 1.91

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for June 28, 2011. See Clerk of Courts website.

C. Request for approval, execution and recordation of a County Deed to Todd A. Bloemsma. See County Deed file.

D. Request approval of the Second Amendment to the Carter Creek Watershed Management Plan (L314) Southwest Florida Water Management District (SWFWMD) Agreement No. 2005REV0023 (County Project 04012) with no additional fiscal impact. See SWFWMD file.

E. Request for acceptance of the Emergency Management Base Grant 11-12, with associated Resolution & Budget Amendment 10-11-132 with a fiscal impact of $39,350. See Emergency Management file, Budget Amendment 2011 file, Res. Book 24 Page 42 & SMB 87 Page 66.

F. Request approval to waive the Landfill tipping fees for the Caladium Festival with an estimated fiscal impact of $360.00. See SMB 87 Page 67.

G. Request approval of Progress Energy Florida, Inc. Distribution Easement needed for street lighting at the Public Defenders building along the parking lot. See Progress Energy Florida, Inc.

H. Request for approval of a revised Interlocal Agreement for Maintenance of the Sebring Parkway Phase I amending the project limits and the payment terms, with a fiscal impact of 50% City of Sebring and 50% County for actual expenses at the end of each fiscal year for maintenance. See City of Sebring file.

I. Request approval of Budget Amendment 10-11-138 to move funds in the amount of $5,615.00 within Cost Center 4210 from Account 53437 Other Contractual Services to Account 56400 Machinery & Equipment to purchase a spare 10 Horsepower (HP) submersible pump for the leachate lift stations at the Highlands County Solid Waste Facility on Arbuckle Creek Road. See Budget Amendment 2011 file & SMB 87 Page 68.

J. Request approval of Budget Amendment 10-11-152 with respect to the State Housing Initiative Partnership (SHIP) Program Phase 16 with a fiscal impact of $59,847.35. See Budget Amendment 2011 file & SMB 87 Page 69.

071211REG BOOK 21 PAGE 962

K. Request approval of Budget Amendment 10-11-154, Sebring Library Space Reallocation Project 10059 reallocating funds with the project to appropriate expense accounts to comply with the requirements for allowable expenditures of Impact Fees. See Budget Amendment 2011 file & SMB 87 Page 70.

8. PUBLIC HEARING: Public Hearing to consider approval of a Resolution to vacate a portion of Plat Book 11, Page 23, Fairmount Village, as described in the Resolution. Ramon Gavarrete, County Engineer, presented the request. A Proof of Publication was provided to the Clerk to become part of the permanent record. Public input was received from John Drazinski.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the attached Resolution for a portion of Plat Book 11, Page 23, Fairmount Village, as described in the Resolution to be vacated, abandoned, discontinued, and closed, and all rights of the County and the public in and to the section of the road and all lands in connection therewith be and they are hereby renounced and disclaimed.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 43 & SMB 87 Page 71.

9. ACTION: Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. County Engineer: Consideration of approval of the construction of the proposed crossing on Lake Charlotte Lateral Canal Project #09040 to be performed by County forces in the total amount of $30,562.16 or to be contracted out to the lowest bidder, Excavation Point, Inc. in the total amount of $50,194.00 in conjunction with the Budget Amendment 10-11-150 to the Local Government Infrastructure Surtax Fund in the total amount of $20,000.00. Ramon Gavarrete, County Engineer, presented the request. Kyle Green, Road & Bridge Superintendent, was present to address questions. The Commission addressed their comments and concerns.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the construction of the proposed crossing on Lake Charlotte lateral canal - Project #09040 to be done by County forces in the total amount of $30,562.16; and denial of the Budget Amendment 10-11-150, since funding is currently available.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 87 Page 72.

071211REG BOOK 21 PAGE 963

B. County Administrator: Discussion of request to provide reimbursement to County employees for the 3% contribution to retirement through the end of the current fiscal year. Ricky Helms, County Administrator, presented the request for discussion. Commissioner Elwell stated that he would like to break the item down into two different sections: 1) the issue of the timing of the 3% prior to July 1st, and the fact that those employees had to pay prior to when the Legislative order took effect; and 2) the 3% potential reimbursement from July 1st through September 30th. The Commission concurred with the breakdown.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the reimbursements of the amounts collected and remitted to FRS on time worked by Board employees prior to July 1, 2011.

Public input was received from John Dazinski and Sheriff Susan Benton.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Richie commented on his reasoning for asking that this item be placed on the agenda.

Commissioner Richie made a motion to move to find a way to set aside 3% over a three- month period of time up until the new budget period of October 1st for our employees in Highlands County. Commissioner Elwell seconded the motion for discussion.

The Commission discussed the potential 3% reimbursement in great detail. Sheriff Susan Benton, Tax Collector Eric Zwayer, Clerk of Courts Bob Germaine, and Town Councilman Ray Royce addressed the issue. Public input was received from Dale Pflug, Billie Hetherton, Dale Wilson, and John Nelson.

Upon roll call, Commissioner Richie voted aye; Commissioner Elwell, Commissioner Harris, and Commissioner Stewart voted nay. The motion failed. See SMB 87 Page 73.

C. Assistant County Administrator: Request approval of the Recreation and Parks Advisory Committee’s recommendation for funding of lights at the Multi-Purpose Field with a fiscal impact of $129,618. June Fisher, Assistant County Administrator, presented the request. Mr. Clay Gooch, Interim Chairman of the Recreation and Parks Advisory Committee (RPAC), addressed the issue. Public input was received from Merritt O’Brien and Robert Duncan.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the RPAC recommendation of the expenditure of up to $129,618 for the installation of sports lighting at the multi-purpose field at the Highlands County Sports Complex along with the accompanying Budget Amendment 10-11-098.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 87 Page 74.

Break: 11:25 a.m. to 11:33 a.m.

071211REG BOOK 21 PAGE 964

D. Board Attorney: Ross Macbeth, Board Attorney, presented for signature a County Deed for Lot 8 of Mason’s Ridge that will release the restrictive covenants for a couple purchasing the property.

Mr. Macbeth also stated that in the near future they will bring a proposed ordinance to the Board that will allow the County to purchase properties in public auction.

E. County Administrator: Presentation of the FY 2011-2012 Recommended Budget. Ricky Helms, County Administrator, gave a PowerPoint presentation on the recommended budget for the 2011-2012 Fiscal Year and recognized the support personnel involved in preparing this year’s budget.

Mr. Helms stated that the proposed budget was balanced on a millage rate of 7.1 mills and addressed the following presentation slides:

● FISCAL YEAR 2011/2012 RECOMMENDED BUDGET ● ECONOMIC INDICATORS ● UNEMPLOYMENT RATES ● ANNUAL AVERAGE UNEMPLOYMENT RATES ● MONTHLY UNEMPLOYMENT RATES ● CONSUMER PRICE INDICES ● HIGHLANDS COUNTY POPULATION DATA ● WHERE THE MONEY COMES FROM ● WHERE THE MONEY GOES ● BUDGET HISTORY – ALL FUNDS ● BUDGET BY FUND ● GENERAL FUND – REVENUE BY CATEGORY ● GENERAL FUND – EXPENDITURES BY CATEGORY ● BUDGET HISTORY – GENERAL FUND ● GENERAL FUND DISTRIBUTION ● GENERAL FUND BUDGET COMPARISON

Break: 12:28 a.m. to 1:30 p.m.

Mr. Helms continued addressing the following presentation slides:

● AD VALOREM ● AD VALOREM TAX REVENUE ● STATE REVENUE SHARING ● HALF CENT SALES TAX ● EMS FEES ● GENERAL FUND MANDATES ● LOCAL OPTION SALES TAX ● SOLID WASTE ENTERPRISE ● LOCAL OPTION GAS TAXES ● STATE SHARED GAS TAX CONSTITUTIONAL 5TH & 6TH CENT ● 7TH CENT GAS TAX ● 9TH CENT GAS TAX ● AGENCY FUNDING ● STAFFING SUMMARY ALL FUNDS ● STAFFING SUMMARY GENERAL FUND

071211REG BOOK 21 PAGE 965

Commissioner Stewart questioned the Fund Balance. Tim Mechling, Budget Manager, addressed her question. Commissioner Elwell questioned the amount sitting in the “rainy day” Fund Reserves. Mr. Mechling stated that the amount was approximately $13,526,000.

The Commission revisited the meeting schedule and topics for next week.

Monday, June 18, 2011 from 5:00 – 9:00 p.m. – Administrative Services and County Administration.

Tuesday, June 19, 2011 at 9:00 a.m. – Development Services and Community Services.

Thursday, June 21, 2011 at 9:00 a.m. – Engineering/Road & Bridge and Outside Agencies.

Public input was received from Ray Royce, Billie Hetherton, and Bill Youngman. The Commission thanked the staff for the presentation today. See SMB 87 Page 75.

10. CITIZENS NOT ON THE AGENDA: No participants.

11. COMMISSIONERS:

¾ Commissioner Harris: No report.

¾ Commissioner Elwell: Commissioner Elwell stated that the County’s Facebook page has been setup and congratulated Gloria Rybinski and Tommy Haralson for setting it up.

¾ Commissioner Richie: Commissioner Richie thanked everyone who worked on the budget.

¾ Commissioner Stewart: Commissioner Stewart commented on the Florida’s Heartland Rural Economic Development Initiative (FHREDI) meeting that she attended last week.

12. ADJOURN The meeting adjourned at 3:28 p.m.

071211REG BOOK 21 PAGE 966

SPECIAL MEETING OF THE BOARD to discuss the FY 2011-2012 Budget

JULY 18, 2011

1. The meeting was called to order at 5:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

The meeting was advertised accordingly and a Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ricky Helms, County Administrator. The Pledge of Allegiance was led by Mr. Rick Ingler.

3. ANNOUNCEMENTS

July 19 9:00 am Highlands County Board of County Commissioners Board room, 600 S. Commerce Ave., Board Meeting Sebring, FL.

July 21 9:00 am Special Meeting of the to discuss the FY 2011-2012 Board room, 600 S. Commerce Ave., Budget Sebring, FL. July 21 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff’s Tower Road, Sebring, FL. July 25 9:00 am Special Meeting of the Highlands County Board of Board room, 600 S. Commerce Ave., County Commissioners to discuss the FY 2011-2012 Sebring, FL. Budget CANCELLED

A. Other meetings: The Commission concurred to cancel the Special Meeting of the Highlands County Board of County Commissioners scheduled for July 25, 2011, in order for the Commission to attend the Regional Economic seminar.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. ACTION: County Administrator: Discussion of FY 11/12 Budget.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as submitted. Upon roll call, all Commissioners voted aye. The motion carried.

071811BudgetMeeting BOOK 21 PAGE 967

Ricky Helms, County Administrator, stated that all the changes made to the recommended budget that was proposed on July 12, 2011 will be tracked in a spreadsheet for transparency, and in compliance with the Florida Statutes and the Florida Administrative Code, and will be made available for public inspection.

A. Administrative Services:

Gerald Secory, Administrative Services Director, briefly presented the restructuring of the Office of Administrative Services. The Commission discussed the organizational chart in great detail and questioned the role of the proposed Administrative Services Senior Manager position. Mr. Helms and Mr. Secory addressed their concerns.

The Commission came to a consensus that the restructuring consists of too many proposed managers with higher pay grades and directed Mr. Secory to incorporate them back where they were as follows:

¾ Proposed GIS Manager – change back to GIS Coordinator and keep the pay grade at 23.

¾ Proposed NAV Assessment Manager – change back to NAV Assessment Coordinator with the pay grade staying at 20 and to keep this position under the OMB Department.

¾ Proposed OMB Manager – change back to OMB Budget Manager and keep the pay grade at 24.

¾ Proposed Safety/Risk Manager – change back to Safety/Risk Coordinator with the pay grade staying at 21 and to keep this position under the Human Resources Department.

After discussion on the positions of General Services/Purchasing Manager and Human Resources Manager, the Commission came to a consensus that both positions will need to be advertised in-house and outside.

After discussion on the proposed Administrative Services Senior Manager position, Ross Macbeth, Board Attorney, suggested the Commission change the title name to OMB/Administrative Services Manager, place the OMB Department under this position, and have this person report to the Administrative Services Director. The Commission concurred with Mr. Macbeth’s suggestion. Mr. Helms questioned if the Commission concurred with advertising this position at a pay grade 28. Commissioner Stewart stated yes.

The Commission gave staff direction to take another look at the reorganization chart; the travel and per diem; the notary fees; the Florida Statute books; the dues and memberships; and the education and training expenses listed, and to bring the revised information back for Board review.

Break: 7:06 p.m. to 7:15 p.m.

Public input was received from Michael Berry, Bill Youngman, Billie Hetherton, and Lester Laub.

B. Board of County Commissioners:

The Commission concurred to eliminate the $325.00 expense for Florida Statute books from the cost center since statutes are made available online.

071811BudgetMeeting BOOK 21 PAGE 968

Commissioner Elwell suggested a 10% income reduction from the Commissioner’s salaries. After discussion, the Commission concurred that if it was possible, they would leave that option up to each Commissioner. Mr. Macbeth will review that possibility and report back to the Board.

Public input was received from Michael Berry.

C. County Administrator:

The Commission came to a consensus to eliminate one set of Florida Statute books from the expenditures listed in the County Administrator cost center and only keep one set for the Board room.

Public input was received from Billie Hetherton, Michael Berry, and Bill Youngman.

D. Central Services (no outside agencies):

Mr. Helms addressed the expenditure items listed in the Central Services cost center. Commissioner Stewart questioned the dental administration expenditure listed. Tim Mechling, Budget Manager, addressed her concerns. The Commission gave direction for staff to take another look at the expenditures listed for dental administration and lease agreements for parking lots and to report back to the Board.

Public input was received from Bill Youngman, Michael Berry, and Billie Hetherton.

E. Public Information Office:

The Commission concurred to eliminate the temporary staffing expenditure of $850.00 and the Christmas parade expenditure of $1,000.00.

Public input was received from Billie Hetherton and Bill Youngman.

See SMB 87 Page 76 for a copy of materials provided.

7. CITIZENS NOT ON THE AGENDA: No participants.

8. COMMISSIONERS:

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: No report.

¾ Commissioner Harris: No report.

¾ Commissioner Stewart: No report.

9. ADJOURN The meeting adjourned at 8:51 p.m.

071811BudgetMeeting BOOK 21 PAGE 969

REGULAR MEETING OF THE BOARD, JULY 19, 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 R. Greg Harris Commissioner Jack L. Richie 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 Mr. David Noel. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

July 21 9:00 am Special Meeting of the Highlands County Board Board room, 600 S. Commerce Ave., of County Commissioners to discuss the FY Sebring, FL 2011-2012 Budget July 21 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff’s Tower Road, Sebring, FL. July 25 9:00 am Special Meeting of the Highlands County Board Board room, 600 S. Commerce Ave., of County Commissioners to discuss the FY Sebring, FL. 2011-2012 Budget CANCELLED

A. Other meetings:

¾ The Sebring Airport Authority will meet on Thursday, June 21, 2011 at 1:00 p.m. at the Sebring Airport.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Administrative Services Director: Recognition of Ms. Susan Bailey as the Employee of the Quarter. Gerald Secory, Administrative Services Division Director, invited the Commission and Ricky Helms, County Administrator, to present a certificate to Ms. Susan Bailey recognizing her as Employee of the Quarter. Tim Eures, Emergency Operations Director, expressed his appreciation towards Ms. Bailey. See SMB 87 Page 77.

071911REG BOOK 21 PAGE 970

B. Chairman Stewart: Proclamation in recognition of Mr. Scott Mann as “Firefighter of the Year”. Commissioner Stewart read the Proclamation into the record. Ricky Helms, County Administrator, and Tim Eures, Emergency Operations Director, expressed their appreciation towards Mr. Mann. See Res. Book 24 Page 44.

7. CONSENT AGENDA: Ricky Helms, County Administrator, stated that Ross Macbeth, Board Attorney, suggested a change to the motion for item 7C. Commissioner Elwell addressed his concerns towards item 7C and requested to move item 7G to the action agenda under County Administrator for discussion. Mr. Helms addressed his concerns. The Commission concurred to move item 7C from the consent agenda for separate voting.

A. Request approval to pay all duly authorized bills and employee benefits July 19, 2011. See Check Report 2011 file.

GENERAL FUND 573,363.91 COUNTY TRANSPORT TRUST 15,518.09 INTERGOVT RADIO COMMUNICA 850.00 FL BOATING IMPROVEMENT 1,603.46 LOCAL GOVT INFRA SURTAX 284,073.12 TOURIST DEV TRUST FUND 1,254.10 AFFORDABLE HOUSING ASST 26,677.00 STATE COURT FACILITIES TF 231.14 COURT RECH 28.24 (12) (E) 1 202.92 BUILDING FUND 2,058.63 SOLID WASTE 11,301.69 PLACID UTILITIES 5,887.90 HIGHWAY PARK UTILITY 1,678.33 EMPLOYEE BENEFIT FUND 7.64 INSURANCY FUND 128.67

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for July 5, 2011. See Clerk of Courts website.

C. Request to sell asphalt material from the Highlands County Asphalt Plant to the Florida Department of Transportation and the municipalities. (This item will be considered below.)

D. Request approval of a request from Sun ‘n Lake Improvement District for Ponce De Leon Avenue stabilization project with a fiscal impact of $3,434.98 to be paid by Sun ‘n Lake Improvement District. See SMB 87 Page 78.

E. Request approval of a request from Spring Lake Improvement District to partner with Highlands County with a fiscal impact of $24,262.36 with $5,624.11 material funding being provided by the District. See SMB 87 Page 79.

F. Request for approval of Budget Amendment 10-11-153 to repair the Highlands County Shell Pit dragline with a fiscal impact of $20,000.00. See SMB 87 Page 80.

071911REG BOOK 21 PAGE 971

G. Request approval of Resolution & Budget Amendment 10-11-140 authorizing amendment to the Local Government Infrastructure Surtax Fund to transfer funds in the amount of $1,640,000.00 to the Highlands Ethanol, LLC, (Vercipia) SR 70 Improvements to Project #10060 for the design and construction of roadway improvements including acceleration and deceleration lanes along State Road 70 in front of the proposed facility. (This item was moved to the action agenda as item 9C-1)

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the removal of items 7C and 7G.

Upon roll call, all Commissioners voted aye. The motion carried.

C. Request to sell asphalt material from the Highlands County Asphalt Plant to the Florida Department of Transportation and the municipalities. Ross Macbeth, Board Attorney, gave a suggested motion for this request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the sell of asphalt material for use by local governments or companies under contract with local governments for projects within the boundaries of the county.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 81.

8. PUBLIC HEARING: Public Hearing to consider the adoption of a zoning change for Vantage Pointe Homeowners Association, Inc., P&Z 1993. Linda Conrad, Zoning Supervisor, presented the request and read the caption of the Resolution into the record. A Proof of Publication was provided to the Clerk to become part of the permanent record. Mr. Rick Whidden, representing the applicant, addressed the issue.

Public input was received from Richard Vanderlaan.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve and adopt by Resolution P&Z 1993, amending the Zoning Atlas for approximately 39 acres by modifying the previously approved R-2 FUD (two-family dwelling district with a flexible unit development) plan for Vantage Pointe, according to the plat thereof, recorded in Plat Book 15, Page 2, of the Public Records of Highlands County, Florida, to include amended conditions, referencing the mandatory findings of fact and becoming effective as provided by law.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 45 & Comprehensive Plan Amendment 2011 file.

9. ACTION: Commissioner Richie 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.

071911REG BOOK 21 PAGE 972

A. Eileen Rodriguez, Bill McKown, and David Noel, Small Business Development Center at USF: Presentation of the role and services of the Small Business Development Center in Highlands County and the region. Mr. David Noel and Ms. Eileen Rodriguez, with the Small Business Development Center, gave a presentation on the role and services they provide in Highlands County. The Commission addressed their comments. Public input was received from Michael Berry and Dale Wilson. The Commission thanked them for the presentation. See SMB 87 Page 82 .

Break: 10:20 a.m. to 10:32 a.m.

B. Board Attorney: No report.

C. County Administrator:

1. Request approval of Resolution & Budget Amendment 10-11-140 authorizing amendment to the Local Government Infrastructure Surtax Fund to transfer funds in the amount of $1,640,000.00 to the Highlands Ethanol, LLC, (Vercipia) SR 70 Improvements to Project #10060 for the design and construction of roadway improvements including acceleration and deceleration lanes along State Road 70 in front of the proposed facility. Ricky Helms, County Administrator, presented the request. Commissioner Elwell addressed his concerns. Ross Macbeth, Board Attorney, address the issue. Public input was received Dale Wilson, John Drazinski, Bill Youngman, Michael Berry and Ray Royce.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the Budget Amendment 10-11-140 and the accompanying Resolution authorizing amendment to the Local Government Infrastructure Surtax Fund to transfer funds in the amount of $1,640,000.00 to the Highlands Ethanol, LLC, (Vercipia) SR 70 Improvements Projects #10060 for the design and construction of certain roadway improvements, including acceleration and deceleration lanes along State Road 70 in front of the proposed facility; and signal light improvements.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 46 & SMB 87 Page 83.

2. Discussion of FY 11/12 Budget:

HUMAN SERVICES/HOUSING/MEDICAL June Fisher, Assistant County Administrator, presented the following:

¾ Health Care Responsibilities Act No changes.

¾ Public Assistance Program The Commission directed Ms. Fisher to check if there may be any other entities that provide help for outpatient medical services and requested a list of the number of citizens they have helped.

071911REG BOOK 21 PAGE 973

¾ Healthy Families Jeannie Dubenion, with Healthy Families, addressed the expenditures in this cost center. No changes were made.

¾ Community Programs Commissioner Elwell stated that he would like to cut the Temporary Clerical Support position to part-time and fund it at $14,250. The Commission concurred and also gave direction to Ms. Fisher to take a second look at the two vehicles and the copy machine leases listed in the expenditures.

¾ Community Programs Housing Ms. Fisher, stated that they are proposing to eliminate two staffed positions and keep only one staffed position. The Commission gave direction to Ms. Fisher to take a second look at the salary listed for the staffed position that they are keeping and the use of the vehicles listed in this cost center. The Commission also requested a matrix showing each employee’s salary and a lump sum of each department.

Public input was received from Michael Berry, Billie Hetherton, Bill Youngman, and Jerry Kingsbury.

CHILDREN’S ADVOCACY CENTER Jeff Roth, Director of the Children’s Advocacy Center, presented the expenditures from this cost center. No changes were made.

LIBRARIES Ms. Fisher and Maria Chenique, with the Sebring Library, were present for questioning. No changes were made to the requested expenditures.

Public input was received from Debra Worley, Rick Ingler, Michael Berry, and Jerry Kingsbury.

Break: 12:37 p.m. to 1:37 p.m.

DEVELOPMENT SERVICES Mark Hill, Development Services Director, presented the Top Planning Priorities required for the EAR-Based Amendments.

¾ Planning Department Mr. Hill presented the reorganization of the Planning Department.

¾ Zoning Department & Code Enforcement Linda Conrad presented the Zoning Department. The Commission gave direction to take a second look at the expenditures budgeted for notary fees.

¾ Building Deparment SY Mosley, Building Official, presented the expenditures listed for the Building Department. The Commission gave direction to take a second look at the amount budgeted for the refill of the first aid kit. Ms. Conrad stated that they would cut that amount by half.

071911REG BOOK 21 PAGE 974

EXTENSION OFFICE Michael Jensen, Highlands County Extension Director, presented the expenditures for the Extension Office and stated that he is recommending not to fund the Commercial Horticulturalist position. The Commission concurred with the change recommended by Mr. Jensen. After discussion the Commission concurred to eliminate the $3,000 budgeted for contractual services.

PARKS AND NATURAL RESOURCES

¾ Parks Administration Vicki Pontius, Parks and Natural Resources Director, briefly presented the expenditures for Parks Administration. The Commission concurred not to support any salary increases and questioned the gas and oil expenditures. Mr. Helms stated that they will take a second look at the vehicles listed in this cost center.

¾ Parks Department The Commission questioned several expenses listed in this cost center. Ms. Pontius addressed their concerns.

¾ Sport Complex Ms. Pontius briefly addressed the expenditures for the Sports Complex.

Public input was received from Rick Ingler and Billie Hetherton.

¾ Natural Resources Ms. Pontius addressed the expenditures listed for Natural Resources. The Commission concurred with the elimination of one staffed position.

Public input was received from Dick Rainy.

¾ Cooperative Aquatic Plant Program Ms. Pontius briefly addressed the expenditures listed in this cost center. The Commission concurred with the requested budget expenditures.

Public input was received from Billie Hetherton and Dick Rainy.

The Commission listed the departments that were scheduled to be discussed on the July 21, 2011 Special Meeting: Outside Agencies, Road & Bridge/Asphalt Plant, Engineering/Traffic Operations/Solid Waste, Animal Control, Veterans Services, Tourist Development Council, Court Systems, and Special Districts.

The following departments were scheduled to be reviewed on July 26, 2011 during the regular meeting: Facilities, Fire Services, Emergency Medical Services, Emergency Operations and Emergency Management.

Mr. Helms stated that the millage certification will be presented for the Board’s consideration on Tuesday, July 26, 2011.

071911REG BOOK 21 PAGE 975

10. CITIZENS NOT ON THE AGENDA No participants.

11. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie stated that in the near future he will give a brief report on the Lake Okeechobee meeting that he attended last week.

¾ Commissioner Elwell: Commissioner Elwell stated that he was very grateful for the public input received during this budget process.

¾ Commissioner Harris: Commissioner Harris expressed his appreciation toward the staff and their hard work in putting together the budget for their consideration.

¾ Commissioner Stewart: Commissioner Stewart stated that she threw out the first pitch for the Dixie Ozone State Tournament last week and commented on the Florida’s Heartland Rural Economic Development Initiative meeting that she attended last week.

12. ADJOURN The meeting adjourned at 4:50 p.m.

071911REG BOOK 21 PAGE 976

SPECIAL MEETING OF THE BOARD to discuss the FY 2011-2012 Budget

JULY 21, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, Elizabeth Lenihan, Robert W. Germaine, and Pamela Nava.

The meeting was advertised accordingly and Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Jeff Roth, Director of the Children’s Advocacy Center. The Pledge of Allegiance was led by Mr. Rick Ingler, representing the County’s veterans.

3. ANNOUNCEMENTS

July 19 9:00 a.m. Highlands County Board of County Boardroom, 600 S. Commerce Ave., Commissioners Board Meeting Sebring, FL. July 21 2:00 p.m. Recreation & Parks Advisory Committee 216 Sheriff’s Tower Road, Sebring, FL. July 26 6:00 p.m. Highlands County Board of County Boardroom, 600 S. Commerce Ave., Commissioners Board Meeting Sebring, FL.

A. Other meetings:

¾ The Sebring Airport Authority will meet today at 1:00 p.m. at the Sebring Airport.

4. ACTION:

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. OUTSIDE AGENCIES

¾ Boys and Girls Club Jeff Roth, Director of the Children’s Advocacy Center, was present for questioning. Commissioner Stewart suggested cutting $4,000 from the Boys & Girls Club funding. Input was received from Renee Graham, with the City of Avon Park. Commissioner Harris recommended gradually phasing out from funding this agency and suggested a 20% reduction this year. The Commission concurred to reduce the Boys and Girls Club funding by $4,500.

¾ Safe House Mr. Roth, Margaret Parry and Lucy Mull, with Peace River Center, commented on the funding essentials for the Safe House. After discussion, the Commission concurred to fund the Safe

072111SpecialMeeting BOOK 21 PAGE 977

House $27,000 and directed Mr. Roth to ask the Children’s Services Foundation if they could increase their funding by $3,000. The Commission concurred to fund the Safe House an additional $3,000 if the Foundation funds them the extra $3,000.

¾ Nu-Hope Ingra Gardner, Director of Nu-Hope Elder Care Services, and Laurie Murphy, also with Nu- Hope, presented their funding request of $32,500. After discussion, the Commission came to a consensus to reduce their funding by 10%.

¾ Ridge Area ARC Candice Ciesla, Director of Programs and Services for Ridge Area ARC, presented their funding request of $15,000. After discussion, the Commission concurred to fund them $16,200, which is a 10% cut from the $18,000 that was funded last year.

¾ Chambers of Commerce David Greenslade, with the Avon Park Chamber of Commerce, and Eileen May, with the Lake Placid Chamber of Commerce, were present for questions. After discussion, the Commission concurred to gradually phase out from funding the chambers and to start with a reduction of $500 this year. Each of the three chambers will be funded $2,000.

¾ Industrial Development Authority/Economic Development Commission (IDA/EDC) Christina Anderson, Executive Director of the IDA/EDC, presented their request for funding of $239,401. After discussion, the Commission concurred to fund them the requested amount.

Public input was received from Bill Youngman, Michael Berry, Billie Hetherton, Wally Randall, and Dale Pflug.

Break: 11:11 a.m. to 11:27 a.m.

¾ Recreation for the Municipalities Scott Noetlich, Administrator for the City of Sebring, Renee Graham, City of Avon Park Finance Director, and Ray Royce, Lake Placid Town Councilman, each addressed the Board on their request for funding. After discussion, the Commission concurred to split the $500,000 for recreation in three ways, reduce that amount by 10%, and fund the municipalities about $150,000 for recreation.

Public input was received from Scott Noetlich, Billie Hetherton, and Bill Youngman.

B. ROAD & BRIDGE/ASPHALT PLANT Kyle Green, Road & Bridge Superintendent, addressed the restructuring of the Road & Bridge Department.

Break: 12:39 p.m. to 1:30 p.m.

Mr. Green addressed the expenditures from the following cost centers: Road & Bridge, Bridge & Concrete, Maintenance Shop & Warehouse, Right-of-Way Maintenance, County Shell Pit, and the Asphalt Plant. Commissioner Elwell questioned if there was an additional

072111SpecialMeeting BOOK 21 PAGE 978

small percentage in the Non-Personal expenses that could be cut. Mr. Green stated he would take another look. Ricky Helms, County Administrator, addressed the Asphalt Plant.

Public input was received from Bill Youngman.

The Commission scheduled the following special meetings to discuss the FY2011/2012 budget:

Monday, August 1, 2011 at 8:30 a.m. to discuss the following departments: Animal Control, Veterans, Tourist Development Council, and Court Systems.

Thursday, August 4, 2011 at 4:00 p.m. to discuss the changes made to the proposed budget for FY 2011-2012.

C. ENGINEERING/TRAFFIC OPERATIONS/SOLID WASTE Ramon Gavarrete, County Engineer, presented the restructuring of the Engineering, Traffic Operations, and Solid Waste departments and presented proposed reclassifications and compensation adjustments. The Commission concurred that they are not giving any raises at the time and directed Mr. Gavarrete to incorporate the proposed positions and pay grades back where they were as follows:

County Engineer/Utility Director to proposed County Engineer The Commission concurred to keep this position at a pay grade 30 with no salary adjustment.

Project Manager Utility Division/Transportation to proposed Project Manager Solid Waste/Utility/Transportation The Commission concurred to keep this position at a pay grade 28 with no salary adjustment.

Landfill Spotter and Solid Waste Cashier - proposed Solid Waste Specialist I – The Commission approved this position to go from a pay grade 8 & 10 to a pay grade 9 with no salary adjustment.

Landfill Spotter to proposed Solid Waste Specialist I The Commission approved this position to go from a pay grade 8 to a pay grade 9 with a slight increase to compensate for the duties this individual was performing and not being compensated in like-manner as the other Landfill Spotter.

Office Manager to proposed Solid Waste Coordinator The Commission concurred to keep this position at a pay grade 14 with no salary adjustment.

Secretary II to proposed Solid Waste Specialist II – The Commission concurred to keep this position at a pay grade 9 and to revisit the issue in December.

The Commission questioned several expenditures listed in the following cost centers: County Engineer; Traffic Operations; Utilities – Water/Sewer; Refuse Disposal System; Recycling Operations/Recovery Facility; Recycling Grant. Mr. Gavarrete stated that he will be reducing $4,500 from operating supplies and $1,200 from education and training of the County

072111SpecialMeeting BOOK 21 PAGE 979

Engineer cost center. Mr. Gavarrete also suggested that the Board start an official vehicle pool. The Commission gave direction to Mr. Gavarrete and Budget staff to take a look at the request listed for regular salaries and wages under Traffic Operations. Tim Mechling, Budget Manager, stated that he will check on the software used for personal expenditures. Commissioner Stewart questioned several expenditures listed for Professional Services under the Refuse Disposal System cost center. Mr. Gavarrete addressed her concerns.

The following items were rescheduled for August 1, 2011 at 8:30 a.m.

D. Veterans

E. Tourism

F. Animal Control

G. Court System

5. CITIZENS NOT ON THE AGENDA No participants

6. COMMISSIONERS:

¾ Commissioner Harris: No report.

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: No report.

¾ Commissioner Stewart: No report.

7. ADJOURN The meeting adjourned at 4:31 p.m.

072111SpecialMeeting BOOK 21 PAGE 980

REGULAR MEETING OF THE BOARD, JULY 26, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Harris. The Pledge of Allegiance was led by Commissioner Elwell.

3. ANNOUNCEMENTS

July 27 11:30 am Heartland Rural Health Network, Inc. Board 533 West Carlton St., Wauchula, FL of Directors July 27 1:30 pm Multi-County Transportation Disadvantaged Heartland Workforce, 5901 US Highway Local Coordinating Board 27 S., Suite 1, Sebring, FL July 27 4:00 pm Natural Resources Advisory Commission Bert J. Harris, Jr. Agricultural Center, Room #3, 4509 George Blvd., Sebring, FL July 28 8:00 am Highlands County Business Heartland Workforce, 5901 US Highway Accelerator/Incubator Committee 27 S., Suite 1, Sebring, FL July 28 2:00 pm Trails Initiative Committee 501 S. Commerce Ave., Sebring, FL

A. Other meetings:

¾ The United Way Board will meet tomorrow at 12:00 p.m. at the Children’s Advocacy Center.

¾ The Highlands County Tea Party will meet at Homer’s on August 2, 2011. Mr. Raymond McIntyre will be a guest speaker.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Chairman Stewart: Recognition of Troy Granata receiving the Department of Florida Veterans of Foreign Wars honor as “Paramedic of the Year”. The Commission presented a Proclamation to Mr. Troy Granata in recognition of receiving the “Paramedic of the Year” honor from the Department of Florida Veterans of Foreign Wars.

072611REG BOOK 21 PAGE 981

Chairman Stewart read the Proclamation into the record. Ricky Helms, County Administrator, expressed his appreciation towards Mr. Granata.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 47.

B. Public Information Officer: Request approval of a Proclamation recognizing July 28-29, 2011 as “Public Communicators Week” Chairman Stewart read the Proclamation into the record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation as read. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 48.

7. CONSENT AGENDA: Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to accept the consent agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits July 26, 2011. See Check Report 2011 file.

GENERAL FUND 395,688.98 COUNTY TRANSPORT TRUST 29,335.02 LOCAL GOVT INFRA SURTAX 24,045.72 TOURIST DEV TRUST FUND 2,001.55 AFFORDABLE HOUSING ASST 3,800.00 SEBRING PARKWAY MAINT 2,183.50 STATE COURT FACILITIES TF 1,136.71 COURT TECH 28.24 (12) (E) 1 22,328.75 BUILDING FUND 117.05 SOLID WASTE 10,357.21 PLACID UTILITIES 3,806.11 HIGHWAY PARK UTILITY 1,525.21 ENERGY RECOVERY 5,325.31 EMPLOYEE BENEFIT FUND .62 TAX DEED SURPLUS FUND 1,895.58

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for July 12, 2011. See Clerk of Courts website.

C. Request approval of Resolution & Budget Amendment 10-11-157 for insurance proceeds for Health Unit Claim for damage to County Vehicle (HD832) with a fiscal impact of $1,055.21. See Budget Amendment 2011 file, Res. Book 24 Page 49 & SMB 87 Page 85.

D. Request approval of Resolution & Budget Amendment 10-11-156 to record the $.74 additional interest revenue earned on the Supervisor of Elections Project 10061 Federal Elections Activities Grant. See Budget Amendment 2011 file, Res. Book 24 Page 50 & SMB 87 Page 86.

072611REG BOOK 21 PAGE 982

8. ACTION: Ricky Helms, County Administrator, requested to add a brief informational item concerning a situation that occurred on the Kissimmee River. Commissioner Stewart stated that it would be added under item 8D-2 and the discussion on the FY 2011/2012 budget would be moved to item 8D-3.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as amended with adding item 8D-2 – update on the Kissimmee River from Clell Ford and moving 8D-2 existing to 8D-3. Upon roll call, all Commissioners voted aye. The motion carried.

A. Administrative Services Director: Request to approve the Second Amendment to the Agreement with NCT Group CPA’s L.L.P. for Professional Financial Auditing Services. Ricky Helms, County Administrator, and Julie Fowler, with the NCT Group, presented the request. Commissioner Elwell questioned if it would be a good idea to put out an RFP at this time, as opposed to extending the agreement and then putting out an RFP. Mr. Helms stated that if the Board decided not to extend the current contract, they would initiate the process of requesting that the Board appoint a committee and would proceed with the RFP process. The Commission concurred not to extend the contract and no action was taken. See SMB 87 Page 87.

B. Assistant County Administrator:

1. Request for approval of the Grant Subcontract Agreement #HF-11-12-42 for fiscal year 2011-2012 between the Ounce of Prevention Fund of Florida, which oversees the Healthy Families Highlands program, and the Highlands County Board of County Commissioners, the local sponsoring agency with the fiscal impact being a cash match of $21,358.00 and in- kind match of $28,254.00. Jeannie Dubenion, Healthy Families Director, presented the request and gave a brief explanation on the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Subcontract Agreement #HF-11-12-42 for fiscal year 2011-2012, as well as corresponding Memorandum of Agreements with local community partners. Upon roll call, all Commissioners voted aye. The motion carried. See Healthy Families file.

2. Request approval of Six County HOME Consortium Interlocal Agreement and Resolution. June Fisher, Assistant County Administrator, and Jennie Dubenion, Healthy Families Director, presented the request. Ross Macbeth, Board Attorney, briefly addressed the changes he made to the Interlocal Agreement and the Resolution. Public input was received from Dale Wilson and Jerry Kingsbury.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Six County HOME Consortium Interlocal Agreement and Resolution effectively relinquishing Highlands County’s lead entity role to Hendry County as the new lead entity.

072611REG BOOK 21 PAGE 983

Mr. Macbeth questioned, for clarification, if the motion included the changes made to the Interlocal Agreement and the Resolution.

Commissioner Harris and Commissioner Elwell stated yes.

Upon roll call, all Commissioners voted aye, except Commissioner Richie, who voted nay. The motion carried. See Res. Book 24 Page 51 & Housing file.

C. Board Attorney: Ross Macbeth, Board Attorney, stated that the City of Avon Park has asked for his assistance in preparing documents for non-ad valorem assessments and he is requesting the Commission’s consensus to allow him to help the City of Avon Park for a small length of time. Commissioner Stewart questioned if the City of Avon Park would be paying for his work. Mr. Macbeth stated yes. The Commission was in agreement to allow Mr. Macbeth to assist the City of Avon Park in preparing such documents.

D. County Administrator:

1. Request for Certification of Millage Rate. Ricky Helms, County Administrator, presented the request. Public input was received from Michael Berry.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to certify the maximum Millage at 7.1000 mills. Upon roll call, all Commissioners voted aye. The motion carried. See Millage Rate file.

2. Update on the Kissimmee River: Clell Ford, Lakes Manager, gave a brief update on the fish killed on the Kissimmee River and stated that an investigation is still continuing to find out the main cause that killed more than 2,000 fish.

Break: 7:29 p.m. to 7:46 p.m.

3. Discussion of FY 2011-2012 Budget Commissioner Stewart stated that Commissioner Harris would be taking over this portion of the meeting. Commissioner Stewart left the meeting at 8:20 p.m.

A. FIRE SERVICES Tim Eures, Director of Emergency Operations, was present for questions. The Commission questioned several expenditures listed in the Fire Services cost centers. Mr. Eures briefly address the recruitment efforts for the volunteer fire departments.

Public input was received from John Drazinski and Dale Wilson.

B. EMERGENCY MEDICAL SERVICES Sue Kimmel, EMS Office Manager, was present for questions. The Commission questioned several expenditures listed in the Emergency Medical Services cost centers.

Public input was received from Ron Layne, John Nelson, John Drazinski, and Dale Wilson.

072611REG BOOK 21 PAGE 984

C. EMERGENCY MANAGEMENT Scott Canaday, Interim Emergency Management Director, was present for questions. The Commission questioned several expenditures listed in the Emergency Management cost centers.

Public input was received from Billie Hetherton, Rick Ingler, and John nelson.

Ben Henley, Emergency Management Coordinator, briefly addressed the Communications Program. Commissioner Elwell questioned if $10,000 could be saved on radio expenditures. Mr. Henley stated he would take another look.

D. FACILITIES MANAGEMENT David Flowers, Facilities Management Director, was present for questions. The Commission questioned several expenditures listed in the Facilities Management cost centers. Commissioner Richie questioned Mr. Flowers if there was any other area in his budget that could be cut. Mr. Flowers stated that he would take another look.

Public input was received from Billie Hetherton.

9. CITIZENS NOT ON THE AGENDA

¾ Mr. James Martin came before the Board to speak about the ability to vend on County property. Ricky Helms, County Administrator, addressed the issue. The Commission came to a consensus to hold a workshop on this issue in the near future.

¾ Mr. Barry Foster spoke on budget issues.

10. COMMISSIONERS:

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell questioned if the County had a suggestion policy which would entitle an employee to a bonus for providing a cost-savings suggestion. Mr. Helms stated that they do not have a program that rewards anyone but they do have suggestion boxes in place. The Commission concurred to have this program looked at and possibly implemented. Mr. Helms stated that they will move forward with their request.

Commissioner Elwell also questioned if it was maybe time to look at a two-year budget, which would save a great deal of time. Mr. Helms stated that it can be done and if the Board would like to move in that direction, it would be formulated in a policy of Board.

¾ Commissioner Harris: No report.

11. ADJOURN The meeting adjourned at 10:10 p.m.

072611REG BOOK 21 PAGE 985

SPECIAL MEETING OF THE BOARD to discuss the FY 2011-2012 Budget

AUGUST 1, 2011

1. The meeting was called to order at 8:30 a.m. in the Board of County Commission Chamber at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

The meeting was advertised accordingly and a Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Stewart. The Pledge of Allegiance was led by Mr. Rick Ingler, representing the veterans.

3. ANNOUNCEMENTS

Aug 02 9:00 am Regular meeting of the Highlands County Board of Board room, 600 S. Commerce Ave., County Commissioners Sebring, FL Aug 02 7:00 pm Construction Licensing, Enforcement & Appeals Board room, 600 S. Commerce Ave., Board Sebring, FL Aug 04 3:30 pm Veterans Advisory Board 7209 S. George Blvd. Sebring, FL Aug 04 4:00 pm Special Meeting of the Highlands County Board of Board room, 600 S. Commerce Ave., County Commissioners to discuss the FY 2011-2012 Sebring, FL Budget Aug 10 9:30 am Affordable Housing Advisory Committee 4509 George Blvd. Sebring, FL

A. Other meetings: No other meetings announced.

4. ACTION: County Administrator: Discussion of FY 11/12 Budget Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Veteran Services Jackie Graham, Assistant Veteran Services Officer, was present for questions. The Commission questioned several expenditures listed in the Veteran Services budget. Ricky Helms, County Administrator, and Ms. Graham addressed their concerns. The Commission gave direction to Ms. Graham to revisit the following expenditures: Salaries & Wages; Overtime; Contractual Services; Repair & Maintenance; and Office Supplies.

B. Animal Control Darryl Scott, Director of Animal Control, was present for questions. The Commission questioned several expenditures listed in the Animal Control budget. Mr. Scott addressed their concerns. Public input was received from Elton Gissendanner. Commissioner Stewart gave direction to Mr. Scott to take a look at the possibilities of shortening the 10-day retention

080111SpecialMeeting BOOK 21 PAGE 986

period and the micro-chip for animals as suggested by Mr. Gissendanner. The Commission agreed that some of the suggestions will be scheduled for another meeting.

C. Courts System Nick Sudzina, 10th Circuit Court Administrator, Brian Franza, Systems Analyst, Jannet Lewis, State Court Technology Officer, and Julie Nelson, Administrative Services Manager, were present for questions. The Commission questioned several expenditures listed and gave them direction to take another look at their budget to see what else could be reduced. Public input was received from Rick Inger.

Break: 10:16 a.m. to 10:26 a.m.

D. Tourism John Scherlacher, Director of Tourism, was present for questions. The Commission questioned several expenditures listed in the Tourism Development Tax budget. Mr. Scherlacher addressed their concerns. Commissioner Stewart requested Mr. Scherlacher send the Commission brochures from the Fresh Water Frontier. Public input was received from Billie Hetherton.

E. Health Department Erin Hess, Administrative Services Director for the Highlands County Health Department, was present for questions. Commissioner Elwell questioned if the 10% budget reduction would affect client services. Ms. Hess addressed his question. Public input was received from Billie Hetherton.

Commissioner Elwell addressed the Board Attorney budget and questioned the possibility of reducing the requested amount to $300,000.00 and moving the rest to Reserve for Contingency. Commissioner Stewart questioned Ross Macbeth, Board Attorney, if he felt comfortable with that amount. Mr. Macbeth addressed the issue and stated that $300,000.00 was a relatively safe number to keep in that account.

5. CITIZENS NOT ON THE AGENDA: No participants.

6. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie stated that he has put together some informational for the Commission on the Six-County Coalition meeting that he attended and will see that the Commission receives it.

¾ Commissioner Elwell: Commissioner Elwell apologized for missing the Regional Seminar last Monday.

¾ Commissioner Harris: Commissioner Harris questioned the expenditure listed for leases on parking lots. Mr. Helms stated that the County does own those parking lots and the expenditure will be deleted from the budget.

¾ Commissioner Stewart: Commissioner Stewart thanked the Budget staff and Mr. Helms for their hard work.

7. ADJOURN The meeting adjourned at 11:30 a.m.

080111SpecialMeeting BOOK 21 PAGE 987

REGULAR MEETING OF THE BOARD, AUGUST 2, 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 Don Elwell Commissioner Jack L. Richie

Commissioner R. Greg Harris was absent from this meeting.

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 Commissioner Elwell.

3. ANNOUNCEMENTS

Aug 02 7:00 pm Construction Licensing, Enforcement & Appeals Board room, 600 S. Commerce Ave., Board Sebring, FL Aug 04 3:30 pm Veterans Advisory Board 7209 S. George Blvd. Sebring, FL Aug 10 9:30 am Affordable Housing Advisory Committee 4509 George Blvd. Sebring, FL

A. Other meetings:

¾ The Commission will hold a Special Meeting to discuss the FY 2011-2012 Budget on Thursday, August 4, 2011 beginning at 4:00 p.m.

4. CLERK: No report.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: No report.

D. Supervisor of Elections: No report.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA: Public input was received from John Drennan concerning item 7C. Ricky Helms, County Administrator, gave a brief explanation on item 7C.

Commissioner Elwell declared a conflict of interest on item 7A, which contains a payment to his current employer, Alan Jay, and requested to move that item for separate voting. A Memorandum of Voting Conflict Form was provided to the Clerk to become part of the permanent record.

080211REG BOOK 21 PAGE 988

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda with the removal of the payment to Alan Jay. Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Richie made a motion and Commissioner Stewart seconded the motion, to move to make the payment to Alan Jay as submitted. 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 August 2, 2011. See Check Report 2011 file for copy of Check Report and abstention form.

GENERAL FUND 2,437,864.00 COUNTY TRANSPORT TRUST 20,545.57 E911 OPERATIONS FUND 68,037.99 LOCAL GOVT INFRA SURTAX 75,513.14 TOURIST DEV TRUST FUND 5,320.00 AFFORDABLE HOUSING ASST 4,926.75 SEBRING PARKWAY MAINT 507.97 STATE COURT FACILITIES TF 8,657.60 COURT TECH 28.24 (12) (E) 1 79.98 BUILDING FUND 779.54 SOLID WASTE 215,363.63 PLACID UTILITIES 951.77 HIGHWAY PARK UTILITY 190.35 ENERGY RECOVERY 16,517.65 EMPLOYEE BENEFIT FUND 2,135.56

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for July 19, 2011 and the minutes from the special meetings dated July 18 and July 21, 2011. See Check Report 2011 file.

C. Request approval of the State Aid to Libraries FY12 Grant Agreement with a fiscal impact of $232,579 in grant revenue. See Libraries file.

8. ACTION: Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.

A. County Administrator:

1. Request approval of Resolution & Budget Amendment 10-11-158 from Reserve for Contingency for Unemployment Charges for various Departments with a fiscal impact of $31,961.74 Ricky Helms, County Administrator, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve Budget Amendment 10-11-158 and its associated Resolution. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 52 & SMB 87 Page 88.

080211REG BOOK 21 PAGE 989

2. Request approval of Budget Amendment 10-11-159 from Reserve for Contingency for funding to purchase Pre-Exposure Rabies Immunizations for four Animal Control employees and Titer Tests for two employees and to cover shortages in Account 55211 Gas & Oil and 53100 Professional Services with a fiscal impact of $11,306.40 Ricky Helms, County Administrator, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-159. Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 87 Page 89.

3. Discussion of Asphalt Pricing for Sale to Local Governments or Companies Under Contract With Local Governments For Projects Within The Boundaries of the County Ricky Helms, County Administrator, presented the request. The Commission addressed their concerns. Public input was received from John Drennan.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the price of asphalt sold to local governments or companies under contract with local governments for projects within the boundaries of the County at the amount charged by the Energy Recovery Fund (Asphalt Plant) to County projects as determined by formula. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 90.

Commissioner Stewart recessed the meeting at 9:20 a.m. to open the Meeting of the Special Districts and reconvened the meeting at 9:22 a.m.

9. PUBLIC HEARING: Public Hearing to consider an Ordinance of Highlands County, Florida, amending Section 8-222 of the Code of Ordinances, Highlands County, Florida; amending the Tourist Development Plan. Ross Macbeth, Board Attorney, 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. The Commission addressed their concerns.

After discussion, Mr. Macbeth stated that the Ordinance could not be voted on today because it must be approved by a majority plus one Commissioner, as a statutory requirement, and would have to be brought back to the Board when they have a majority plus one. Mr. Macbeth stated that the public hearing will be re-advertised for a later date. See SMB 87 Page 91 & Proof of Publication file.

Commissioner Stewart stated that the meeting would have to be adjourned because they would be losing their quorum.

10. CITIZENS NOT ON THE AGENDA

11. COMMISSIONERS:

12. ADJOURN The meeting adjourned at 9:34 a.m.

080211REG BOOK 21 PAGE 990

SPECIAL MEETING OF THE BOARD to discuss the FY 2011-2012 Budget

AUGUST 4, 2011

1. The meeting was called to order at 4:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

The meeting was advertised accordingly and a Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ricky Helms, County Administrator. The Pledge of Allegiance was led by Mr. Rick Ingler, representing the veterans.

3. ANNOUNCEMENTS

Aug 04 3:30 pm Veterans Advisory Board 7209 South George Blvd., Sebring, FL Aug 05 10:00 am Heartland Rural HOME Consortium Highlands Bert J. Harris, Jr. Agricultural Center, County Lead Entity Room #3, 4509 George Blvd., Sebring, FL Aug 08 9:00 am Highlands County Homeowners Association 3240 Grand Prix Dr., Sebring, FL

Scott Canaday, Emergency Management Director, and Ben Henley, Emergency Management Coordinator, gave a brief update on Tropical Storm Emily. Immediate updates can be checked on www.hceoc.org.

4. ACTION: County Administrator: Review of the changes to the recommended FY 11/12 Budget as directed by the Board in previous Board meetings. Ricky Helms, County Administrator, gave a brief statement and presented the changes made to the recommended budget as directed by the Commission. The Commission addressed their concerns.

Commissioner Stewart questioned the Dental Plan Administration expense of $27,000 that was removed from the budget. Tim Mechling, Budget Manager, addressed her concern.

Commissioner Elwell questioned the proposed reduction to the Commissioner salaries on an individual basis and gave direction to staff to reduce 10% from his salary and add it back into the General Fund.

The Commission gave direction to June Fisher, Assistant County Administrator, and Jeannie Dubenion, Healthy Families Program Manager, to meet with Samaritan’s Touch Care Center; Highlands County Health Department; Central Florida Medical Center; and the hospitals in regards to the criteria of the Public Assistance Program and ask about the feasibility of administering this program under their umbrella.

Commissioner Elwell questioned the cost of having an electronic gate at Lake Denton. Vicki Pontius, Parks & Natural Resources Director, addressed his question.

080411BudgetMeeting BOOK 21 PAGE 991

Commissioner Elwell questioned the reduction of the tower inspections and certification. Ben Henley, Emergency Management Coordinator, addressed his question.

Commissioner Stewart questioned the increase in cost center 54500. Mr. Mechling addressed her concern.

Commissioner Elwell questioned the breakdown of the $65,500 reduction from the Road & Bridge Department. Kyle Green, Road & Bridge Supervisor, gave a brief explanation on the line items reduced in the R&B budget.

The Commission questioned the items listed for the Veterans Service Office. Jackie Graham, Assistant Veteran Services Officer, addressed their concerns. The Commission gave direction to June Fisher, Assistant County Administrator, to keep a close eye on the overtime for this department.

The Commission addressed the $3,000 that was restored to the Safe House because the Children’s Services Foundation accepted the challenge that was offered by the Commission.

Gerald Secory, Administrative Services Director, presented the restructured organizational chart of the Office of Administrative Services. Commissioner Stewart stated that the Commission was very clear that the new proposed manager positions were to be advertised inside and outside. Mr. Secory concurred.

The Commission addressed the amount in Reserves for Contingency. Commissioner Richie and Commissioner Harris concurred to keep Mr. Helms’ recommendation of $921,000. Commissioner Elwell and Commissioner Stewart concurred to reduce it. Commissioner Stewart suggested revisiting the item next week.

The Commission thanked Mr. Helms, the Budget staff and all the department heads for their hard work. See SMB 87 Page 92 for copies of material provided.

Public input was received from Caesar Pinzon, Dick Noel, and Billie Hetherton.

Mr. Helms briefly addressed the agenda schedule for the presentation of the Constitutional Officers’ budget next Tuesday.

5. CITIZENS NOT ON THE AGENDA: None presented.

6. COMMISSIONERS:

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell thanked all the employees for their efforts

in putting the budget together.

¾ Commissioner Harris: Commissioner Harris thanked everyone for making the budget process as easy as possible.

¾ Commissioner Stewart: Commissioner Stewart commented on the Avon Park Air Force Range event that she attended last week where the Lieutenant Governor was present.

7. ADJOURN The meeting adjourned at 6:22 p.m.

080411BudgetMeeting BOOK 21 PAGE 992

REGULAR MEETING OF THE BOARD, AUGUST 9, 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 R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Harris. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

Aug 09 3:00 pm Planning & Zoning Commission and the Local Planning Board room, 600 S. Commerce Ave., Agency and the Zoning Board of Adjustment Sebring, FL Aug 10 7:30 am Industrial Development Authority & Economic Building F, South Florida Community Development Commission Board meeting College, Avon Park, FL Aug 10 9:30 am Highlands County Affordable Housing Advisory Room #3, Bert J. Harris, Jr. Agricultural Committee Center, 4509 George Blvd., Sebring, FL

A. Other meetings:

¾ The Downtown Merchants will gather on Friday, August 12, 2011 from 5:00 – 8:00 p.m. at the Downtown Circle.

¾ The Central Florida Regional Planning Council will meet on August 9, 2011 at 9:30 a.m. at the Polk State College, USF Campus, in South Lakeland.

¾ The Highlands County Tea Party will meet at Homer’s restaurant tonight at 6:00 p.m. Mr. Julio Lara will be a guest speaker.

4. CLERK: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts report for the month of July 2011. See SMB 87 Page 93.

5. CONSTITUTIONAL OFFICERS:

A. Sheriff: No report.

B. Property Appraiser: No report.

C. Tax Collector: Eric Zwayer, Highlands County Tax Collector, gave a brief update on the drivers license transition and stated that the go-live date for the Avon Park branch is October 10, 2011.

D. Supervisor of Elections: No report.

080911REG BOOK 21 PAGE 993

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA: Commissioner Harris questioned item 7D. Eric Zwayer, Tax Collector, addressed his concerns. Commissioner Stewart questioned item 7F. Ricky Helms, County Administrator, addressed her concerns. Commissioner Elwell expressed his gratitude for all the members who volunteered in the Impact Fee Review Committee.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as submitted.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits August 09, 2011. See Check Report 2011 file.

GENERAL FUND 348,527.15 COUNTY TRANSPORT TRUST 25,427.65 LOCAL GOVT INFRA SURTAX 117,455.18 TOURIST DEV TRUST FUND 245.33 STATE COURT FACILITIES TF 270.00 COURT TECH 28.24 (12) (E) 1 74.90 BUILDING FUND 400.11 SOLID WASTE 48,152.69 PLACID UTILITIES 4,351.83 HIGHWAY PARK UTILITY 302.03 ENERGY RECOVERY 5,437.04 EMPLOYEE BENEFIT FUND 2,146.01

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for July 26 and August 2, 2011 and the Special Meeting of August 1, 2011. 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 June 30, 2011. See SMB 87 Page 94.

D. Request for approval of the 2010 Recapitulation Certificate. See Tax Collector file.

E. Request approval of acceptance of an Easement on Kenilworth Boulevard from the School Board of Highlands County with no additional fiscal impact. See County Deed file.

F. Request for approval of Amendment No. 1 to the Florida Department of Environmental Protection Small County Grant 116SC and accompanying Budget Amendment 10-11-151 to reallocate funds for the replacement of the Household Hazardous Waste Storage Building. See Budget Amendment 2011 file & FDEP file.

080911REG BOOK 21 PAGE 994

G. Request to approval to dissolve the Impact Fee Review Committee. See SMB 87 Page 95.

H. Request approval of Release of Notice of Nuisance on Case Number SHC0004-0014, 130 Vision Street, Lake Placid, FL 33852. See Subdivision file.

I. Request approval of Release of Notice of Nuisance on Case Number CE 9495084, 109 Washington Street, Lake Placid, FL 33852, F/K/A 107 Washington Street, Lake Placid, FL 33852. See Subdivision file.

J. Request approval of Release of Notice of Nuisance on Case Number CE 9798076, 157 E.A. Smith Avenue, Lake Placid, FL 33852. See Subdivision file.

K. Request approval of Release of Notice of Nuisance on Case Number CE 01070079, 821 Gardenia Street, Lake Placid, FL 33852. See Subdivision file.

L. Request approval of Satisfaction of Lien on Case Number CE 08070156, 114 Barbara Avenue, N.W., Lake Placid, FL 33852. See Subdivision file.

M. Request approval of Satisfaction of Lien on Case Number CE 09070257, 573 Holmes Avenue, Lake Placid, FL 33852. See Subdivision file.

N. Request approval of Satisfaction of Lien on Case Number CE 10040103, 2575 West Seiple Road, Avon Park, FL 33825. See Subdivision file.

O. Request approval of Satisfaction of Lien on Case Number CE 10070054, 3024 Ash Street, Lake Placid, FL 33852. See Subdivision file.

P. Request approval of Satisfaction of Lien on Case Number CE 10100107, 1126 Josephine Court, Sebring, FL 33875. See Subdivision file.

8. ACTION: Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the revised action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. County Administrator: 1. Request to confirm the Emergency Medical Service Director. Ricky Helms, County Administrator, presented the request for confirmation of Mr. Harvey Craven III, as Emergency Medical Services Director.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to accept the recommendation of County staff to confirm Mr. Craven.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 96.

080911REG BOOK 21 PAGE 995

2. Request for approval by Sheriff’s Office of Budget Amendment 10-11- 161 for operational needs and Capital items. (This item was pulled from the revised agenda.)

B. Board Attorney: No report.

C. County Administrator: Discussion of FY 11/12 Budget:

1. Property Appraiser Raymond McIntyre, Property Appraiser, presented the proposed FY 11/12 Budget for the Property Appraiser’s Office. The Commission addressed their concerns. Public input was received from John Drennan, Jean Reese, Bill Youngman, and Gabriel Read. The Commission concurred that they feel comfortable with the presented budget. See SMB 87 Page 97.

Break: 10:39 a.m. to 10:51 a.m.

2. Supervisor of Elections Joe Campbell, Supervisor of Elections, presented the proposed FY 11/12 Budget for the Supervisor of Elections’ Office. The Commission addressed their concerns. Public input was received from Gabriel Read and Bill Youngman. The Commission concurred with the presented budget. See SMB 87 Page 98.

3. Clerk of Courts Robert W. Germaine, Clerk of Courts, presented the proposed FY 11/12 Budget for the Clerk’s Office. The Commission concurred that they feel comfortable with the presented budget. See SMB 87 Page 99.

Tax Collector Eric Zwayer, Highlands County Tax Collector, and Myrna Spencer, Accounting Manager, briefly presented the FY 11/12 Budget for the Tax Collector’s Office. The Commission addressed their concerns. Public input was received from Dick Noel.

Break: 12:39 p.m. to 1:46 p.m.

4. Sheriff Sheriff Susan Benton briefly addressed the Commission and introduced Major Mark Schrader, Major David Paeplow, Lieutenant Kenny Johnson, and Lisa Burley, Chief of Staff, to the Board. Major Schrader introduced the captains under his direction: Captain Paul Blackman, Captain Randy Labelle, Captain Jeff Barfield, and Captain J. P. Fane. Major Paeplow introduced Captain Bobby Green. Ms. Burley introduced Kathy Fluharty, Human Resources Administrator, Bonnie Gregg, Communications Administrator, and Rob Jordan, Information Services Administrator, to the Board.

Sheriff Benton presented the proposed FY 11/12 Budget for the Sheriff’s Office. The Commission addressed their concerns. After discussion in great detail, the Commission concurred that about $900,000 need to be cut in order to have a balanced budget and asked

080911REG BOOK 21 PAGE 996

the Sheriff to take another look to see what else could be reduced from her budget and to present it to the Commission next week. Commissioner Richie requested that County staff present the Commission with several proposed alternatives for handling this situation. Public input was received from Dick Noel. See SMB 87 Page 100.

D. County Administrator: Request from the Sheriff’s Office for revision to the adopted Capital Financial Strategy. (This item was pulled from the revised agenda.)

9. CITIZENS NOT ON THE AGENDA

¾ Bill Youngman read a statement provided to the Board regarding the Highlands County tourism taxes. Ross Macbeth, Board Attorney, addressed the issue. Commissioner Elwell requested scheduling this topic on the agenda for another day. See SMB 87 Page 101.

10. COMMISSIONERS:

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: No report.

¾ Commissioner Harris: No report.

¾ Commissioner Stewart: No report.

11. ADJOURN The meeting adjourned at 4:44 p.m.

080911REG BOOK 21 PAGE 997

REGULAR MEETING OF THE BOARD, AUGUST 16, 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 R. Greg Harris Commissioner Jack L. Richie 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 Mr. John Nelson. The Pledge of Allegiance was led by Mr. Rick Ingler, representing the County veterans.

3. ANNOUNCEMENTS

Aug 16 3:00 pm Highlands Soil & Water Conservation District Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Aug 17 7:30 am Children’s Services Council of Highlands 1968 Sebring Parkway, Sebring, FL County Aug 18 2:00 pm Illegal Dump Task Force Room #251, 600 S. Commerce Ave., Sebring, FL Aug 18 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff’s Tower Rd., Sebring, FL.

A. Other meetings:

¾ The Highlands County Tea Party will meet at Homer’s restaurant tonight at 6:00 p.m. Mr. Robert Horne will be a guest speaker.

¾ The Insurance Committee will meet on August 18, 2011 at 10:00 a.m. in the Boardroom.

¾ On August 31, 2011 at 10:00 a.m. there will be a meeting relative to the Aqua Utilities Florida, Inc. in the Boardroom.

¾ The 4-H Banquet will be held on Friday, August 19, 2011 at 6:30 p.m. at the Bert J. Harris, Jr. Agricultural Center.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No announcements.

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 reminded everyone that the Water Management District is still exercising water conservation in terms of watering.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Commissioner Elwell read into the record a Proclamation in recognition of the Sebring All- Stars players that have won their second consecutive Dixie Ozone World Series championship. Coach Andrew Bible expressed his appreciation for the support received from the City of Sebring and Highlands County.

081611REG BOOK 21 PAGE 998

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to accept the Proclamation of our twice-champion team.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 53.

6. CONSENT AGENDA: Ricky Helms, County Administrator, requested to move item 6E to the action agenda under County Administrator as item 9D-4. Commissioner Elwell requested a clarification on item 6F. Ramon Gavarrete, County Engineer, gave a brief explanation on item 6F. Commissioner Stewart questioned item 6G. Linda Conrad, Zoning Supervisor, addressed her question. Public input was received from John Drennan and Gabriel Read.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the moving of item 6E to the action agenda as item 9D-4.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits August 16, 2011. See Check Report 2011.

GENERAL FUND 184,407.56 COUNTY TRANSPORT TRUST 24,462.56 INTERGOVT RADIO COMMUNICA 3,532.65 LOCAL GOVT INFRA SURTAX 5,231.48 TOURIST DEV TRUST FUND 19.00 AFFORDABLE HOUSING ASST 1,015.00 COURT TECH 28.24 (12) (E) 1 480.00 BUILDING FUND 53.20 SOLID WASTE 7,895.71 PLACID UTILITIES 427.64 HIGHWAY PARK UTILITY 3.76 EMPLOYEE BENEFIT FUND 7.60

B. Request approval of the minutes of the Special Meeting of the Board of County Commissioners to discuss the FY 2011-2012 Budget for August 4, 2011. See Clerk of Courts website.

C. Request for approval of a Warranty Deed, two (2) Partial Releases of Mortgage, and Affidavit, and a Certification for the Dedication of Right of Way on Sparta Road from Living Waters Ministry Church of God #11326 with no additional fiscal impact. See County Deed file.

D. Request approval of an Easement for the use and maintenance of Public Road Right of Way on Frontage Road from Retinacorp, LLC with no additional fiscal impact. See County Deed file.

E. Request approval of the County Incentive Grant Program (CIGP) Agreement between the State of Florida Department of Transportation (FDOT) and Highlands County for the design, construction, and construction engineering and inspection services of Sebring Parkway Phase III Project (#09021) in the

081611REG BOOK 21 PAGE 999

total FDOT grant amount of three million dollars ($3,000,000.00) in conjunction with the accompanying Resolution. (This item will be heard under the Action Agenda.)

F. Request approval of the Consultant Service Authorization No. 1 between and by the Highlands County Board of County Commissioners and CivilSurv Design Group, Inc. for the design of the decorative highway lighting system on Sebring Parkway from Shon-Tee Avenue/Woodlawn Drive to Youth Care Lane in the total amount of $51,055.00 for the construction of the Sebring Parkway Phase II Project (#01101). See CivilSurv Design Group, Inc. file.

G. Request approval of Release of Notice of Nuisance on Case Number CE 9908- 039, 221 Douglas Avenue, Sebring, FL 33870. See Subdivision file.

H. Request approval of Release of Notice of Nuisance on Case Number CE 9798077, 155 E A Smith Avenue, Lake Placid, FL 33852. See Subdivision file.

I. Request approval of Satisfaction of Lien on Case Number CE 05070017, 150 Highlands Boulevard, Lake Placid, FL 33852. See Subdivision file.

J. Request approval of Satisfaction of Lien on Case Number CE 060110043, 172 E A Smith Avenue, Lake Placid, FL 33852. See Subdivision file.

K. Request approval of Satisfaction of Lien on Case Number CE 07110074, 5932 Golden Road, Sebring, FL 33875. See Subdivision file.

L. Request approval of Satisfaction of Lien on Case Number CE 09050192, 121 Danbar Drive, Lake Placid, FL 33852. See Subdivision file.

M. Request approval of Satisfaction of Lien on Case Number CE 09070208, 542 South Sun ‘N Lakes Boulevard, Lake Placid, FL 33852. See Subdivision file.

N. Request approval of Satisfaction of Lien on Case Number CE 10030033, 5933 Columbus Boulevard, Sebring, FL 33872. See Subdivision file.

O. Request approval of Budget Amendment 10-11-162 to transfer $38,506 within Cost Center 4210 from Account #54600-Repair & Maintenance to Account #56400-Machinery & Equipment for the extended life of LF 201 (826 G Compactor). See Budget Amendment 2011 file & SMB 87 Page 103.

7. PUBLIC HEARING: Public Hearing to consider a Resolution to vacate a portion of Lot 24, The Grove on Lake Francis, as per Plat Recorded in Plat Book 16, Page 68, of the Public Records of Highlands County, Florida. Ramon Gavarrete, County Engineer, presented the request and read the caption of the Resolution into the record. A Proof of Publication was provided to the Clerk to become part of the permanent record. Mr. Rick Whidden, representing the applicant, addressed the issue.

081611REG BOOK 21 PAGE 1000

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Resolution to vacate an easement for a portion of Lot 24, The Grove on Lake Francis, as per Plat recorded in Plat Book 19, Page 68, of the Public Records of Highlands County, Florida; to be vacated, abandoned, discontinued, and closed, and all rights of the County and the public in and to the section of the road and any lands in connection therewith be and they are hereby renounced and disclaimed.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 54 & SMB 87 Page 104.

8. PUBLIC HEARING: Public Hearing to consider an Ordinance amending the Tourist Development Plan. 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. See Proof of Publication file for copy.

Mr. Macbeth gave a brief summary of the proposed plan and stated that in order for the Ordinance to become effective, it would have to be adopted by the majority vote plus one. John Scherlacher, Director of Tourism, was present for questions. The Commission addressed their concerns in great detail. Public input was received from Bill Youngman, John Drennan, Gabriel Read, Dick Noel, Fred Leavitt, and Bruce Behrens.

After discussion, the Commission concurred to recess this public hearing in order to discuss the repeal of the Tourist Development Tax. The public hearing was recessed at 10:45 a.m. and will be reconvened at 11:30 a.m.

Break: 10:45 a.m. to 10:55 p.m.

9. ACTION: Commissioner Stewart stated that the action agenda would be revised to add the discussion of the repeal of Tourist Development Tax as item 9A and that all items would be moved down one letter. Consent Agenda item 6E will be heard as item 9E-4. Ricky Helms, County Administrator, requested to add item 9E-6 to discuss the meeting schedule for the month of August.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as amended.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Discussion on the repeal of Tourist Development Tax: Commissioner Stewart stated that Ross Macbeth, Board Attorney, has already stated that the only way to repeal tourist tax was by an act of the voters and questioned which Commissioner would like to see it placed on the ballot. Commissioner Richie stated that he would like to see this referendum placed on the November ballot. Commissioner Elwell concurred with Commissioner Richie. Commissioner Harris and Commissioner Stewart agreed that if this referendum is placed on the ballot, the taxes will go away. Public input was received from Dick Noel, Bill Youngman, and John Drennan.

081611REG BOOK 21 PAGE 1001

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve to put a referendum on the ballot repealing the tourist tax with an effective date of December 2014.

Upon roll call, Commissioner Elwell and Commissioner Richie voted aye. Commissioner Harris and Commissioner Stewart voted nay. The motion failed.

11:30 a.m. – Reconvene Public Hearing #8:

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to adopt the Ordinance of Highlands County, Florida, amending Section 8-222 of the Code of Ordinances, Highlands County, Florida; amending the Tourist Development Plan; Providing for conflict; providing for severability; providing for inclusion in code; and providing for an effective date.

Upon roll call, Commissioner Richie and Commissioner Elwell voted nay. Commissioner Harris and Commissioner Stewart voted aye. The motion failed. See SMB 87 Page 105.

After the roll call, Commissioner Stewart stated that the current Ordinance will remain in effect and gave direction to Mr. Helms and Mr. Macbeth to meet regarding setting up the appropriate accounts and to look at the budget changes that need to be made in regards to staffing. Mr. Helms stated that any revisions in the budget will be brought before the first budget public hearing takes place. Commissioner Stewart also gave direction to John Scherlacher to notify all of the organizations that payments cannot be made.

B. Supervisor/Interim Community Programs Director: Request to appoint one voting member to the Hospital District Board to complete an unexpired term ending on January 2, 2013. Jeannie Dubenion, Interim Community Programs Director, presented the request. Mr. Rick Ingler addressed the Board. The Commission concurred to pull this item until next week to allow time for Ross Macbeth, Board Attorney, to verify that there is no problem for Mr. Ingler to serve on this Board because of the various Boards he currently serves on. See SMB 87 Page 106.

C. Zoning Supervisor and Code Enforcement Official: Request for Partial Release of Lien on Case # CE 07040124, 1142 E. O. Douglas Avenue, Sebring, FL 33870. April Hartseil, Code Enforcement Officer, presented the request and stated that staff recommend approval of the partial release of lien with conditions that were read into the record. Mr. Robert Livingston, representing the current owner of the property, Ms. Armetta Robertson, addressed the Board.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Partial Release of Lien, reducing the lien recorded in Official Records Book 2133, Page 1194 of the Public Records of Highlands County, Florida, and adopting the conditions read into the record.

Upon roll call, all Commissioners voted aye. The motion carried. See Subdivision file.

081611REG BOOK 21 PAGE 1002

D. Board Attorney: No report.

E. County Administrator:

1. Request by the Sheriff’s Office for approval of Budget Amendment 10- 11-161 for operational needs and Capital items. Major Mark Schrader, Major David Paeplow, Captain J.P. Fane, and Lisa Burley, Chief of Staff, presented the request. Public input was received from Patsy Stan and John Nelson.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the attached budget amendment.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 107.

2. Request by the Sheriff’s Office for approval of Budget Amendment 10- 11-165 to realign grant funds for the City of Sebring 2010/2011 Edward Byrne Memorial (JAG) grant in the amount of $2,200. Lisa Burley, Chief of Staff, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the related budget amendment for the above action.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 108.

3. Request approval of Budget Amendment 10-11-164 for funding for the Active Military Combat Duty Grant from Reserve for Contingency with a fiscal impact of $2,550.00. Jackie Graham, Assistant Veterans Services Officer, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve budget amendment 10-11-164.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 109.

4. Request approval of the County Incentive Grant Program (CIGP) Agreement between the State of Florida Department of Transportation (FDOT) and Highlands County for the design, construction, and construction engineering and inspection services of Sebring Parkway Phase III Project (#09021) in the total FDOT grant amount of three million dollars ($3,000,000.00) in conjunction with the accompanying Resolution. Ramon Gavarrete, County Engineer, presented the request. The Commission addressed the request in great detail. Public input was received from John Nelson, Dick Noel, Chester Downing, Phyllis Malone, Dale Pflug, and Ray Royce.

Commissioner Harris made a motion to move to approve the County Incentive Grant Program (CIGP) Agreement between the State of Florida Department of Transportation (FDOT) and Highlands County or the design, construction, and construction engineering and inspection

081611REG BOOK 21 PAGE 1003

services of Sebring Parkway Phase III Project (#09021) in the total FDOT grant amount of $3,000,000 in conjunction with the accompanying Resolution.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See FDOT file.

Chairman Stewart recessed the regular meeting at 1:05 p.m. to open the meeting of the Special Districts and reconvened the regular meeting at 1:23 p.m.

5. Update on FY 11/12 Budget Ricky Helms, County Administrator, briefly commented on the budget process up-to-date. After discussion, the Commission came to a consensus to use Commissioner Elwell’s recommendation of $22,681,611 for the Sheriff’s Office budget.

6. Meeting Schedule for August 2011. Ricky Helms, County Administrator, requested to cancel the County Commission meeting of August 30, 2011. The Commission came to a consensus to cancel said meeting.

10. CITIZENS NOT ON THE AGENDA: No participants.

11. COMMISSIONERS:

¾ Commissioner Harris: No report.

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell stated that today is the 34th year that Elvis passed away and that it is his 45th month of marriage and wished his wife a Happy Anniversary.

¾ Commissioner Stewart: No report.

12. ADJOURN The meeting adjourned at 1:55 p.m.

081611REG BOOK 21 PAGE 1004

REGULAR MEETING OF THE BOARD, AUGUST 23, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie 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 Bob Germaine, Clerk of Courts. The Pledge of Allegiance was led by Ms. Betsy Waddell.

3. ANNOUNCEMENTS

Aug 25 10:00 am Lake Istokpoga Management Committee Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring Aug 30 9:00 am Highlands County Board of County Commissioners Board meeting - CANCELLED Aug 31 9:00 am Highlands County Lakes Association’s Sub-Committee Suite 3, 501 S. Commerce Ave., Sebring Aug 31 9:00 am Local Mitigation Strategy Working Group Room #2, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring Aug 31 4:00 pm Natural Resources Advisory Commission Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring Sep 05 County offices closed in observance of the Labor Day holiday

A. Other meetings:

¾ The Highlands County Legislative Delegation will meet in the Boardroom on September 14, 2011 at 9:30 a.m.

¾ The Lake Placid Caladium Festival will take place on Friday, August 26, 2011 and Saturday, August 27, 2011.

¾ The Heartland 2060 will meet at 10:00 a.m. on August 31, 2011 at the Sebring Civic Center.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No report.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

6. CONSENT AGENDA: Commissioner Elwell declared a conflict of interest on item 6A due to a payment being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the exception of the payment in item 6A made to Alan Jay Ford-Mercury.

Upon roll call, all Commissioners voted aye. The motion carried.

082311REG BOOK 21 PAGE 1005

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the payment to Alan Jay under item 6A.

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 August 23, 2011. See Check Report 2011 file for copy of check report and abstention form.

GENERAL FUND 135,511.34 COUNTY TRANSPORT TRUST 31,577.45 E911 OPERATIONS FUND 91,500.00 LOCAL GOVT INFRA SURTAX 157,839.21 TOURIST DEV TRUST FUND 12.00 AFFORDABLE HOUSING ASST 21,380.00 SEBRING PARKWAY MAINT 1,267.76 STATE COURT FACILITIES TF 312.80 COURT TECH 28.24 (12) (E) 1 3,762.92 BUILDING FUND 1,883.20 SOLID WASTE 18,721.15 PLACID UTILITIES 860.65 HIGHWAY PARK UTILITY 155.30 ENERGY RECOVERY 30,129.03 EMPLOYEE BENEFIT FUND 13.67

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for August 9, 2011. See Clerk of Courts website.

7. WORKSHOP: Workshop on the redistricting of the Board of County Commissioner’s Districts based on the 2010 Census Data. Don Hanna, Planning Supervisor, presented the request. Joe Campbell, Supervisor of Elections, addressed the issue. Public input was received from Michael Berry and Bill Youngman.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to direct staff to prepare a County Commissioners’ District Map with the County divided into five districts of contiguous territory as nearly equal in population as practicable as shown here tonight.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 110.

8. ACTION: Ricky Helms, County Administrator, requested to change item 8B as 8B-1 and to add a request to waive the County’s Purchasing Policy to closeout the HHRP grant for the Mason’s Ridge project as item 8B-2; and to change item 8D as 8D-1 and to add a request for asphalt for an apron from the Sebring Firemen, Inc. as item 8D-2.

Commissioner Richie 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.

082311REG BOOK 21 PAGE 1006

A. Supervisor/Interim Community Programs Director: Request to appoint one voting member to the Hospital District Board to complete an unexpired term ending on January 2, 2013. Jeannie Dubenion, Interim Community Programs Director, presented the request. Ross Macbeth, Board Attorney, stated that the issue last week was the possibility of dual office holding but does not count here because the District Board is characterized as a special district.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to appoint Mr. Rick Ingler to the Hospital District Board to complete the unexpired term ending on January 2, 2013.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 111.

B. Assistant County Administrator:

1. Request approval of the Letter of Agreement to Pam Bondi, Attorney General, authorizing Polk County Crime Stoppers, Inc. d/b/a Heartland Crime Stoppers, to act as the agent for Highlands County. June Fisher, Assistant County Administrator, presented the request. Public input was received from Michael Berry.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the letter of agreement to authorize Polk Crime Stoppers, Inc. d/b/a Heartland Crime Stoppers, to continue to act as Highlands County’s agent for the purpose of applying for, and receiving moneys from the Crime Stoppers Trust Fund.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 112.

2. Request to waive the Board’s Purchasing Policy for the closeout of the Hurricane Housing Recovery Program grant for the Mason’s Ridge project. June Fisher, Assistant County Administrator, presented the request. The Commission addressed their concerns. Public input was received from Bill Youngman, Michael Berry, and John Drennan. Ross Macbeth, Board Attorney, addressed the issue.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to waive the purchasing policy process referencing the Mason’s Ridge project closeout.

Upon roll call, all Commissioners voted aye. The motion carried. No material provided.

C. Board Attorney: Presentation of a request for the settlement of a 2nd Mortgage on Dixion/Castellanos. Ross Macbeth, Board Attorney, presented request and stated that he received a proposed settlement offer of $500.00 if the County releases the property from the second mortgage. After discussion, the Commission decided to counter-propose.

Public input was received from Jan Grove, John Drennan, Bill Youngman, and Michael Berry.

082311REG BOOK 21 PAGE 1007

Commissioner Harris made a motion to move to counter-offer at $1,250.00. Commissioner Elwell seconded the motion for discussion. After discussion, Commissioner Harris withdrew his motion and Commissioner Elwell withdrew his second.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to counteroffer at $1,872.50. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 113.

D. County Administrator:

1. Update on Sheriff’s building. Ricky Helms, County Administrator, commented on the meeting that staff had with the Sheriff’s staff to have dialog in regards to finding a building for the administration of the Sheriff’s Office. Mr. Helms stated that they currently do not have specific information to relay but may come back at some point with multiple proposed RFP’s for the Board to consider. The Commission came to a consensus that these meetings would be held at the staff level and the Commissioners would not attend.

2. Request from the Sebring Firemen, Inc. for asphalt. Ricky Helms, County Administrator, presented the request. Public input was received from John Drennan. The Commission addressed their concerns.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the expenditure for the asphalt apron of 30 ft. in length by 14 ft. in width at the Sebring Baseball Field entrance.

Commissioner Elwell questioned if the motion could include not to exceed 50% of the amount. Commissioner Harris made an addition to his motion to include not to exceed 50% of the projected total of $1,685.93. Commissioner Richie seconded the addition.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 114.

9. CITIZENS NOT ON THE AGENDA: No participants.

10. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris commented on the meetings that he attended last week.

¾ Commissioner Richie: Commissioner Richie commented on the meetings that he attended last week.

¾ Commissioner Elwell: Commissioner Elwell commented on the meetings that he attended last week and encouraged everyone to attend the Lake Placid Caladium Festival this weekend.

¾ Commissioner Stewart: No report.

11. ADJOURN The meeting adjourned at 7:39 p.m.

082311REG BOOK 22 PAGE 1

REGULAR MEETING OF THE BOARD, SEPTEMBER 6, 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 R. Greg Harris Commissioner Jack L. Richie 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 Ricky Helms, County Administrator. The Pledge of Allegiance was led by Mr. Harry Marsh, Commander of American Legion – Post 74.

3. ANNOUNCEMENTS

Sept 06 7:00 pm Construction Licensing, Enforcement & Appeals Board Board room, 600 S. Commerce Ave., Sebring, FL Sept 08 5:30 pm Highlands County Board of County Commissioners Budget Board room, 600 S. Commerce Ave., Public Hearing Sebring, FL Sept 08 2:00 pm Trails Initiative Committee 501 S. Commerce Ave., Sebring, FL Sept 12 9:00 am Highlands County Homeowner’s Association 3240 Grand Prix Dr., Sebring, FL

A. Other meetings: A Public Hearing has been set for the Code Enforcement Special Magistrate – Pamela T. Karlson – on September 8, 2011 at 1:30 p.m. in the Boardroom.

The City of Avon Park will hold a “What’s Up Main Street” meeting on September 6, 2011 at 5:30 p.m. at the Community Center on Main Street.

The School Board will hold their meeting tonight at 5:30 p.m.

The Highlands Tea Party will meet tonight at Homer’s restaurant at 6:00 p.m.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts monthly report for August 2011. See SMB 88 Page 1.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: County Administration: Request approval of a Proclamation establishing a “Moment of Remembrance” on September 11, 2011. Commissioner Stewart read the Proclamation into the record.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the Proclamation as read.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 56 & SMB 88 Page 2.

090611REG BOOK 22 PAGE 2

6. CONSENT AGENDA: Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits September 6, 2011. See Check Report 2011 file.

GENERAL FUND 516,083.00 COUNTY TRANSPORT TRUST 22,126.63 LOCAL GOVT INFRA SURTAX 22,435.09 TOURIST DEV TRUST FUND 1,466.13 AFFORDABLE HOUSING ASST 12,625.75 HURRICANE HOUSING REC PRO 7,325.80 COURT TECH 28.24 (12) (E) 1 168.90 BUILDING FUND 4.33 SOLID WASTE 214,695.34 PLACID UTILITIES 144.07 HIGHWAY PARK UTILITY .58 ENERGY RECOVERY 955.00 EMPLOYEE BENEFIT FUND 1.36 HIGHLANDS HOSP PASS THRU 53,750.00

B. Request approval of an Interlocal Agreement with the City of Avon Park for the installation of a well at Head Field with a fiscal impact of $9,686.00. See City of Avon Park file.

C. Request approval of Amendment No. 1 to the Interlocal Agreement between the City of Sebring and the Board of County Commissioners of Highlands County for maintenance of Sebring Parkway from Avalon Road to Youth Care Lane. See City of Sebring file.

D. Request approval of Resolution & Budget Amendment 10-11-163 for General Fund Project Closures with a fiscal impact of $5,942.76. See Budget Amendment 2011 file, Res. Book 24 Page 57 & SMB 88 Page 3.

E. Request to declare the attached list of County Property as Surplus, waive the two-step Surplus Disposal Process, and allow indicated Surplus items (3- pages) to be disposed of by (1) utilizing the Board’s Contract with GovDeals.com, and (2) allow donations of indicated items (9-pages) for Florida Non-Profit Corporation, School Board of Highlands County-Sebring High School, and City of Avon Park. See SMB 88 Page 4.

F. Request approval of Budget Amendment 10-11-172 reallocating $15,000.00 within the adopted FY 10/11 budget for new budget software. See Budget Amendment 2011 file & SMB 88 Page 5.

7. ACTION: Commissioner Stewart stated that item 7E would be moved up to item 7A and all other items would be moved down consecutively.

090611REG BOOK 22 PAGE 3

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as amended, moving item 7E up to item 7A.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Assistant County Administrator: Request approval of the proposed Tobacco Free Policy. June Fisher, Assistant County Administrator, Robert Palussek, Administrator of the Highlands County Health Department, and Georgeann Singletary, Tobacco Cessation Specialist, presented the request. The Commission addressed their concerns in great detail. Vicki Pontius, Parks and Natural Resources Director, addressed the issue. Public input was received from Gabriel Read, John Nelson, Bill Youngman and John Drennan.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Tobacco Free Policy for implementation of Phases 1 and 2 on January 1, 2012 and revisiting Phase 3 for further direction and implementation.

Commissioner Stewart questioned if the motion included for staff to work out the final policies and to bring it back to the Board. Commissioner Harris stated yes.

Commissioner Elwell questioned if it was possible to exclude parking lots. Commissioner Harris stated that he did not wish to change his motion.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who voted nay. The motion carried. See Policy file & SMB 88 Page 6.

B. Parks & Natural Resources Director with Maria Sutherland, Project Director, City of Avon Park: Request approval of a recommendation from the Recreation & Parks Advisory Committee of a project for the City of Avon Park for the rehabilitation of a concrete fence at Head Field with a fiscal impact of $7,058.00. Vicki Pontius, Parks and Natural Resources Director, Maria Sutherland, Project Director for the City of Avon Park, and Clay Gooch, member of the Recreation and Parks Advisory Committee, presented the request. Public input was received from Bill Youngman and John Drennan.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the RPAC recommendation of the expenditure of $7,058.00 for the rehabilitation of a concrete fence around the outfield of Head Field. The budget amendment and Interlocal agreement will be presented to the Board at a future date.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 7.

Break: 10:27 a.m. to 10:40 a.m.

C. Assistant Veteran Services Officer: Request approval of Budget Amendment 10-11-171 for additional funding of Contractual Services with a fiscal impact of $3,500.00.

090611REG BOOK 22 PAGE 4

Jackie Graham, Assistant Veteran Services Officer, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-171.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 88 Page 8.

D. County Engineer:

1. Request approval of a Construction Contract between Highlands County and ITRAN Partners, Inc. for Lighting Project #08018, FM#414509-2-58-01 (SR 66 and CR 635), this project with a fiscal impact of $222,377.70 is being 100% reimbursed by Florida Department of Transportation (FDOT). Ramon Gavarrete, County Engineer, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the construction contract between Highlands County and ITRAN Partners, Inc. for lighting project #08018, FM #414509-2-58-01 (SR 66 and CR 635). This is for an FDOT funded project with a fiscal impact of $222,377.70.

Upon roll call, all Commissioners voted aye. The motion carried. See ITRAN Partners, Inc. file.

2. Request approval of a Construction Contract between Highlands County and ITRAN Partners, Inc. for Lighting Project #08020, FM#412644-1-58-01 (US 27 at CR 621) this is a Florida Department of Transportation (FDOT) funded project with a fiscal impact of $391,037.60. Ramon Gavarrete, County Engineer, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the construction contract between Highlands County and ITRAN Partners, Inc. for lighting project #08020, FM #412644-1-58-01 (US 27 and CR 621). This is for an FDOT funded project with a fiscal impact of $391,037.60.

Upon roll call, all Commissioners voted aye. The motion carried. See ITRAN Partners, Inc. file.

3. Request approval of Resolution & Budget Amendment #10-11-167 authorizing amendment to the Impact Fee Transportation Avon Park Fund to appropriate funds in the amount of $76,150.00 to the Project No. 10067 for the construction of right-turn lane from West Bell Street onto US Highway 27 and $80,850.00 to the Project No. 10068 for the construction of right-turn lane from West Pleasant Street onto US Highway 27 with a fiscal impact in the estimated total amount of $157,000.00 for both projects. Ramon Gavarrete, County Engineer, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment #10-11-167 along with the accompanying Resolution authorizing amendment to the Impact Fee Transportation Avon Park Fund to appropriate

090611REG BOOK 22 PAGE 5

funds in the amount of $76,150.00 to the project #10067 for the construction of right-turn lane from West Bell Street onto US Highway 27 and $80,850.00 to the project #10068 for the construction of right-turn lane from West Pleasant Street onto US Highway 27 with a fiscal impact in the estimated total amount of $157,000.00 for both projects.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 58 & SMB 88 Page 9.

E. Development Services Director: Request approval of a Memorandum of Understanding between Highlands County, Florida and the Florida Department of Environmental Protection for the permissive use of County office space. Mark Hill, Development Services Director, presented the request. Jon Iglehart, with the Florida Department of Environmental Protection, addressed the issue.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Memorandum of Understanding between Highlands County and the Florida Department of Environmental Protection for permissive use of County office space.

Upon roll call, all Commissioners voted aye. The motion carried. See FDEP file.

F. Board Attorney: No report.

G. County Administrator:

1. Request by the Sheriff’s Office for approval of Resolution & Budget Amendment 10-11-170 to appropriate reimbursed project funds. Ricky Helms, County Administrator, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the related Budget Amendment and Resolution for the above action.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 59 & SMB 88 Page 10.

2. Request by the Clerk of Courts for approval of Budget Amendment # 10- 11-175 for funds reclassification. Bob Germaine, Clerk of Courts, Jerome Kaszubowski, Senior Director of Business Services, and Tommy Haralson, with the IT Department, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-175 totaling $248,500 from the Clerk of Courts 2010-2011 Personal Services and Operating Budgets to the Clerk of Courts 2010-2011 Capital Outlay Budget.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 88 Page 11.

090611REG BOOK 22 PAGE 6

3. Request approval of proposed legislative topics to the Legislative Delegation. Chris Benson, Administrative Projects Manager, presented the proposed topics to be presented to the Legislative Delegation on Wednesday, September 14, 2011. Public input was received from Ray Royce and Gabriel Read.

Mr. Royce suggested the Commission include the following two topics: 1) to provide legislation for Municipalities to hold joint meetings with other governing bodies outside of their municipal boundaries; and 2) support the Highlands County School Board’s request for funding assistance for International Baccalaureate (IB) Programs in rural school districts.

The Commission came to a consensus to add the two suggestions to the list of proposed legislative topics.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the staff recommended selection of issues of greatest concern to the Board for the upcoming session; including the two additions added today, with review separately by both, the chair and vice-chair.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 87 Page 12.

8. CITIZENS NOT ON THE AGENDA

¾ Gabriel Read commented on School Board tax to reinstate the afterschool tutoring programs and requested that the Commission recommend to the School Board to leave the tax the same and not lower it. The Commission concurred that they do not feel comfortable with making a recommendation to the School Board without first meeting with each member individually to find out more information.

9. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie stated that he had a really nice Labor Day weekend.

¾ Commissioner Elwell: Commissioner Elwell requested a brief update on the discussion regarding the Sheriff’s building. Ricky Helms, County Administrator, stated that he has not been briefed on the latest meeting yet. Commissioner Elwell also questioned the process of the budget hearing coming up on Thursday, September 8, 2011. Mr. Helms addressed the procedures to be followed at the public hearing.

¾ Commissioner Harris: Commissioner Harris stated that the Sebring Centennial meeting will be held at Homer’s restaurant on Thursday, September 8, 2011 from 11:00 a.m. to 1:00 p.m.

¾ Commissioner Stewart: Commissioner Stewart commented on the Joint Land Use Study and stated that the Policy Board was asked to give a presentation at the State American Planning Association meeting on Friday, September 9, 2011 in Palm Beach.

10. ADJOURN The meeting adjourned at 11:52 a.m.

090611REG BOOK 22 PAGE 7

PUBLIC HEARING OF THE BOARD TO CONSIDER THE 2011/2012 BUDGET

SEPTEMBER 8, 2011

1. The meeting was called to order at 5:30 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie 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 Mr. David Nitz, Budget Analyst. The Pledge of Allegiance was led by Commissioner Elwell.

3. Public hearing statement (read by Chairperson) to identify the millage rate and the purpose of the Public Hearing. Chairman Stewart read the statement to identify the millage rate and the purpose of the Public Hearing. Ricky Helms, County Administrator, stated that a notice of this meeting was included in the proposed tax notices that were mailed to each property owner in Highlands County and was also posted on the official bulletin of the Board of County Commissioners. See SMB 88 Page 14 .

4. Budget presentation by staff. Mr. Helms gave a brief statement concerning the budget workshops and all the changes made to the proposed budget. Tim Mechling, Budget Manager, gave a brief presentation on the proposed FY 2011/2012 budget. See SMB 88 Page 15 .

5. Public hearing open to public input, discussion and comments. Chairman Stewart opened the floor to the public. Input was received from Billie Hetherton and Audrey Vickers. Chairman Stewart closed the floor to the public. See SMB 88 Page 16.

Commissioner Elwell apologized to Ramon Gavarrete, County Engineer, for a statement made at a previous meeting.

Commissioner Elwell also requested reviewing the 5% increase to the salary of the Emergency Management Director. Commissioner Stewart questioned if Commissioner Elwell was recommending a change in the budget. Commissioner Elwell stated yes.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to give the 5% increase to Mr. Scott Canaday, for that position.

After discussion, Commissioner Elwell retracted his motion and Commissioner Harris retracted his second, and requested that Mr. Helms bring the item back to the Board next week.

090811Budget BOOK 22 PAGE 8

6. Motions for FY 2010-2011 Resolutions for the adoption of FY 2011-2012 budget. Must be done in sequential order as listed:

A. Millage Resolution Adoption Ross Macbeth, Board Attorney, read the Resolution into the record.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the Resolution as read.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 61.

B. Tentative Budget Resolution Chairman Stewart read the Resolution into the record.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Resolution as read.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 62.

C. Adoption of Special Benefit Assessment District’s Budget Resolution Ross Macbeth, Board Attorney, read the Resolution into the record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the Resolution as read with the assessments as included.

Mr. Helms stated that there was a typo on page 4 of the Resolution pertaining to the service assessment and revenues. The correct amount should read: $2,983,806.00.

Commissioner Elwell made a change in the motion to approve the Resolution in the amount of $2,983,806.00. Commissioner Richie seconded the change.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 63.

Commissioner Stewart announced that the final Public Hearing for adoption of the FY 2011/2012 Budget will be held at 5:30 p.m. on Tuesday, September 20, 2011 in the Boardroom. An advertisement will be placed in the local newspaper.

7. Adjournment. The meeting adjourned at 6:45 p.m.

090811Budget BOOK 22 PAGE 9

REGULAR MEETING OF THE BOARD, SEPTEMBER 13, 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 R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Stewart. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

Sept 13 7:30 am Industrial Development Authority/Economic 18 N. Oak St., Lake Placid, FL Development Commission Board of Director’s meeting Sept 13 9:00 am Highlands county Housing Authority 2300 Hope Circle, Sebring, FL Sept 13 3:00 pm Planning & Zoning Commission and the Local Board room, 600 S. Commerce Ave., Planning Agency and Zoning Board of Sebring, FL Adjustment Sept 14 9:30 am Highlands County Affordable Housing Advisory Rm. 3, Bert J. Harris, Jr. Agricultural Committee Center, 4509 George Blvd., Sebring, FL Sept 15 10:00 am Library Advisory Board 319 W. Center Ave., Sebring, FL Sept 15 10:00 am Insurance Committee Board room, 600 S. Commerce Ave., Sebring, FL

A. Other meetings:

¾ The Final Budget Public Hearing will be on Tuesday, September 20, 2011 at 5:30 p.m.

¾ The Legislative Delegation Session will meet tomorrow at 9:00 a.m. in the Boardroom.

¾ The Highlands County Lakes Association Board of Directors will meet today at 5:30 p.m. at the Bert J. Harris, Jr. Agricultural Center.

¾ The Central Florida Regional Planning Council will meet at 9:30 a.m. on September 14, 2011 at the Sebring Airport Authority building.

¾ The Highlands County Tea Party will meet tonight at 6:00 p.m. at Homer’s Restaurant.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, stated that the Clerk’s Audit Department has released the P- Card Continuous Audit and the Travel Continuous Audit and both will be posted to the Clerk’s website tonight.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

091311REG BOOK 22 PAGE 10

6. CONSENT AGENDA: Commissioner Elwell declared a conflict of interest on item 6A due to a payment being made to Alan Jay, his current employer. A Memorandum of voting conflict form was provided to the Clerk to become part of the permanent record. Commissioner Elwell questioned item 6D. Commissioner Stewart addressed his concerns. Commissioner Richie questioned item 6C for clarification. Gerald Secory, Administrative Services Director, addressed his concerns. Public input was received from Bill Youngman, John Drennan, and Ray Royce.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda as presented, removing item 6A for consideration later.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the payment of the Alan Jay invoice and all other authorized bills.

Commissioner Stewart stated that the motion should only be to approve the Alan Jay payment. Commissioner Harris amended his motion to approve the payment of the Alan Jay invoice. Commissioner Richie seconded the amendment.

Upon roll call, all Commissioners voted aye, except Commissioner Elwell, who abstained. The motion carried.

Commissioner Elwell stated that the first motion had excluded all of item 6A, therefore all other payments still needed approval.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the payment of all remaining authorized bills.

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 for copy of check report and abstention form.

GENERAL FUND 186,728.08 COUNTY TRANSPORT TRUST 23,501.58 E911 OPERATIONS FUND 114.50 LOCAL GOVT INFRA SURTAX 20,722.50 TOURIST DEV TRUST FUND 10,527.42 AFFORDABLE HOUSING ASST 44,507.00 STATE COURT FACILITIES TF 1,638.29 LEGAL AID TRUST FUND 3,638.29 BUILDING FUND 336.55 SOLID WASTE 12,331.40 PLACID UTILITIES 1,194.42 HIGHWAY PARK UTILITY 153.47 ENERGY RECOVERY 22.51 EMPLOYEE BENEFIT FUND .62

091311REG BOOK 22 PAGE 11

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for August 16, and 23, 2011. See Clerk of Courts website.

C. Request approval to issue a Purchase Order to Kissimmee Valley Forester for Forestry Services to identify County timber located in Sun ‘n Lakes Preserve Sections 6, 7, and 18, Township 33 South, Range 28 East as Surplus, waive two-step Surplus Disposal process and allow the sale of indicated timber. See SMB 88 Page 17.

D. Request to review and approve the Highlands County SHIP 2011 Program Annual Reports. See Housing file.

E. Request approval of Budget Amendment 10-11-173 to reallocate funds in the amount of $15,806.00 within Cost Center 4210 from Account 53437 – Other Contractual Services and split the funds such that $15,283.00 is moved into Account 56400 – Machinery & Equipment and $523.00 into Account 55403 – Education & Training to purchase a Voice Over IP (VOIP) Phone System for the Landfill and provide training. See Budget Amendment 2011file & SMB 88 Page 18.

F. Request to approve the 2010 State Homeland Security Grant Agreement 11DS-9Z-13-00-16-436, Budget Amendment 10-11-174 and Resolution to fund the required annual refresher/sustainment training for Highlands County Light Technical Rescue Team LTRT #638. There is no local match for this grant; the net fiscal impact is a positive $8,325.00. See Emergency Management file, Budget Amendment 2011 file & Res. Book 24 Page 64.

7. ACTION: Ricky Helms, County Administrator, added to the action agenda a request from the Sheriff’s Office for a letter of support to the Department of Juvenile Justice regarding the housing of pre-adjudicated juveniles. Commissioner Stewart stated that the item will be added under F4.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as amended with the addition of item F4 – request for a letter of support regarding pre-adjudicated juveniles.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Mr. Charlie Pelizza, U.S. Fish & Wildlife: Presentation on the Everglades Headwaters Refuge & Conservation Area Proposal. Mr. Charlie Pelizza, with the U.S. Fish & Widlife, gave a brief presentation on the Everglades Headwaters Refuge & Conservation Area Proposal.

Public input was received from Dale Pflug, Bill Youngman, Gabriel Read, and John Drennan.

The Commission thanked Mr. Pelizza for his presentation. See SMB 88 Page 19.

091311REG BOOK 22 PAGE 12

B. Budget Manager: Request approval of the proposed Fund Balance Policy. Tim Mechling, Budget Manager, presented the request. Julie Fowler, with LarsonAllen, was present for questions. The Commission discussed the request in great detail and gave direction to staff to change some of the wording and bring it back to the Board for consideration next week. See SMB 88 Page 20.

C. Administrative Services Director: Presentation of Audit Committee appointment information. Gerald Secory, Administrative Services Director, presented the request.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to nominate Barbara Stewart to be the Commissioner as a member.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to appoint Robert W. Germaine, Clerk of Courts; Eric Zwayer, Tax Collector; Raymond McIntyre, Property Appraiser; Joe Campbell, Supervisor of Elections; Susan Benton, Sheriff; and Barbara Stewart, Commissioner as the members of the Auditor Selection Committee.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 21.

D. Assistant County Administrator:

1. Request approval of the renewal of the issuance of a Certificate of Public Convenience and Necessity (COPCN) for Positive Medical Transport. June Fisher, Assistant County Administrator, presented the request and introduce Mr. Harvey Craven, the new EMS Director. Ron Layne, with Positive Medical Transport, briefly addressed the Board and Bill Miller, on behalf of Positive Medical Transport, gave a brief presentation on the services provided. Public input was received from Bill Youngman.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the renewal of the issuance of a COPCN for non-emergency, Advanced Life Support Ambulance transfer service to Positive Mobility Transport and authorize the Chair to execute the required documents.

Upon roll call, all Commissioners voted aye. The motion carried. See Positive Medical Transport file.

2. Request approval of the renewal of the issuance of a Certificate of Public Convenience and Necessity (COPCN) for LifeFleet Southeast, Inc. d/b/a American Medical Response. June Fisher, Assistant County Administrator, presented the request. Mr. Tom Diaz, General Manager with American Medical Response, addressed the Board.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the renewal of the issuance of a COPCN (Certificate of Public Convenience

091311REG BOOK 22 PAGE 13

and Necessity) for non-emergency, Advanced Life Support Ambulance transfer service to LifeFleet Southeast, Inc., d/b/a American Medical Response (AMR) and authorize the Chair to execute the required documents.

Upon roll call, all Commissioners voted aye. The motion carried. See American Medical Response file.

Break: 10:55 a.m. to 11:10 a.m.

E. Board Attorney: Presentation of a request for the settlement of a 2nd Mortgage on Dixion/Castellanos. Ross Macbeth, Board Attorney, presented the request. Public input was received from John Drennan.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to accept the $1,000.00 offer.

Upon roll call, all Commissioners voted aye. The motion carried. No back-up material provided.

F. County Administrator:

1. Request by the Sheriff to approve Budget Amendment 10-11-177 to realign funds in the amount of $8,000.00. Ricky Helms, County Administrator, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the related Budget Amendment for the above action.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 88 Page 22.

2. Discussion of an Interlocal Agreement between Highlands County and the Town of Lake Placid for the transfer of utilities. Ricky Helms, County Administrator, presented the request. Ross Macbeth, Board Attorney, addressed a few of the issues that are still outstanding. Commissioner Stewart stated that it was a consensus of the Commission to work towards meeting the Town’s February 1, 2012 deadline for the transfer. Bert Harris, Attorney for the Town, addressed the issue. Commissioner Stewart stated that Mr. Macbeth and Mr. Helms will work on a detailed timeline and will keep Mr. Harris informed. Public input was received from Gene Reese.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the timeline as discussed and work for transfer of the County owned utilities to the Town of Lake Placid.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 23.

091311REG BOOK 22 PAGE 14

3. Request for Confirmation of Scott Canaday as Emergency Management Director. Ricky Helms, County Administrator, presented the request. Public input was received from John Drennan and Rick Ingler.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to confirm the appointment of Scott Canaday to the position of Emergency Management Director.

Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. The motion carried. See SMB 88 Page 24.

4. Request from the Sheriff’s Office for a Letter of Support to the Department of Juvenile Justice regarding the housing of pre-adjudicated juveniles. Ricky Helms, County Administrator, presented the request. After discussion, the Commission gave direction to Mr. Helms to place this item on next week’s agenda for further discussion with the Sheriff. No back-up material provided.

8. CITIZENS NOT ON THE AGENDA

¾ Vicci Springer came before the Board to speak about Animal Control’s policies and processes. See SMB 88 Page 25.

9. COMMISSIONERS:

¾ Commissioner Elwell: Commissioner Elwell stated that he was glad that they, as a Commission, revisited the appointment and salary adjustment of Mr. Scott Canaday and congratulated Commissioner Richie for his 53rd wedding anniversary.

¾ Commissioner Richie: Commissioner Richie stated that he really enjoys what he is doing and most of all he has enjoyed his 53 years of marriage.

¾ Commissioner Harris: Commissioner Harris stated that he also celebrated his 28th wedding anniversary.

¾ Commissioner Stewart: Commissioner Stewart commented on the Central Florida Regional Planning Council meeting and the Florida’s Heartland Regional Economic Development Initiative meeting that she attended last week.

10. ADJOURN The meeting adjourned at 12:43 p.m.

091311REG 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 R. Greg Harris Commissioner Jack L. Richie 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 Board room, 600 S. Commerce Ave., Commissioners Budget Public Hearing 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 Engineering Conference Room, 505 S. Construction for RFP 11-048 for Design-Build 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:

¾ The Champions for Children Gala will be on Thursday, September 22, 2011 at 6:00 p.m. at Grace Bible Church.

¾ 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 5th.

092011REG 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.

092011REG 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 Fund Balance 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.

092011REG 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

092011REG BOOK 22 PAGE 19

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.

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.

092011REG 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 2nd 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

092011REG BOOK 22 PAGE 21

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.

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.

092011REG 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 Uniform 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.

092011REG 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 one- way 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.

092011REG BOOK 22 PAGE 24

13. CITIZENS NOT ON THE AGENDA

¾ 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 meetings with Commissioner Harris and the Assistant County Administrator.

¾ 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:

¾ 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.

¾ 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.

¾ 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.

¾ 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.

092011REG BOOK 22 PAGE 25

PUBLIC HEARING OF THE BOARD TO CONSIDER THE 2011/2012 TENTATIVE BUDGET

SEPTEMBER 20, 2011

1. The meeting was called to order at 5:30 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Stewart. The Pledge of Allegiance was led by Commissioner Harris.

3. Public hearing statement (read by Chairperson) to identify the millage rate amount rolled over back rate. Chairman Stewart read the statement to identify the millage rate and the purpose of the Public Hearing. Ricky Helms, County Administrator, stated that the Public Hearing was property noticed and a Proof of Publication has been provided to the Clerk to become part of the permanent record. See SMB 88 Page 38 & Proof of Publication file.

4. Budget presentation by staff. Mr. Helms gave a brief statement concerning the changes made to the tentative budget. Tim Mechling, Budget Manager, gave a brief presentation on the FY 2011/2012 tentative budget. See SMB 88 Page 39.

5. Public hearing open to public input, discussion and comments. Chairman Stewart opened the floor to the public. No public input was received.

6. Motions for FY 2010-2011 Resolutions for the adoption of FY 2011-2012 budget. Must be done in sequential order as listed:

A. Millage Resolution Adoption Commissioner Stewart read the Resolution into the record.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to adopt the Resolution as read.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 91.

B. Final Budget Resolution Commissioner Stewart read the Resolution into the record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the Resolution as read by the Chair.

092711Budget BOOK 22 PAGE 26

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 92.

C. Adoption of Special Benefit Assessment District’s Budget Resolution Ross Macbeth, Board Attorney, read the Resolution into the record.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Resolution as present in paper and written form.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 93.

D. Resolution for adoption of budget changes. Chairman Stewart read the Resolution into the record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the Resolution as read by the Chair.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 94.

Mr. Helms thanked all the staff of the Board of County Commissioners and extended his gratitude for their hard work in completing the budget.

Chairman Stewart thanked everyone on behalf of the Commission.

7. Adjournment. The meeting adjourned at 5:59 p.m.

092711Budget BOOK 22 PAGE 27

REGULAR MEETING OF THE BOARD, SEPTEMBER 27, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: Ricky Helms, J. Ross Macbeth, Jerome Kaszubowski, and Pamela Nava.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Harris. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

Sept 27 3:30 pm Children’s Services Council of Highlands County 1968 Sebring Parkway, Sebring, FL Nominating Committee Sept 28 11:30 am Heartland Rural Health Network, Inc. Board of DeSoto Memorial Hospital, 900 N. Directors Robert Ave., Arcadia, FL Sept 28 4:00 pm Natural Resources Advisory Commission Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Sept 29 County offices closed in observance of the Rosh Hashanah holiday

A. Other meetings:

¾ The Highlands County Tea Party will meet at Homer’s Restaurant at 6:00 p.m. featuring guest Olivia Scott on October 4, 2011 and Supervisor of Elections Joe Campbell on October 11, 2011.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No announcements presented.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

Mark Hill, Development Services Director, introduced Ms. Sarah Perch and Ms. Joedene Thayer, as new planners for the County’s Planning Department.

6. CONSENT AGENDA: Commissioner Harris declared a conflict of interest on item 6A, due to a payment being made to the Highlands County YMCA, his current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record.

Ross Macbeth, Board Attorney, addressed changes made to item 6B.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to, regarding the consent agenda, approve item 6A with the exception of the one bill to the Highlands County YMCA, and item 6B as amended and just read by the Board Attorney.

Upon roll call, all Commissioners voted aye. The motion carried.

092711REG BOOK 22 PAGE 28

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the payment of the bill to the Highlands County YMCA.

Upon roll call, all Commissioners voted aye, except Commissioner Harris, who abstained. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits September 27, 2011. See Check Report 2011 file for copy of Check Report and abstention form.

GENERAL FUND 600,508.47 COUNTY TRANSPORT TRUST 17,846.89 LOCAL GOVT INFRA SURTAX 25,781.47 TOURIST DEV TRUST FUND .71 AFFORDABLE HOUSING ASST 33,213.70 HURRICANE HOUSING REC PRO 195.00 FIRE INSPECTION 1,000.12 SEBRING PARKWAY MAINT 2,579.92 STATE COURT FACILITIES TF 85.23 COURT TECH 28.24 (12) (E) 1 202.92 BUILDING FUND 3.03 SOLID WASTE 59,265.82 PLACID UTILITIES 7,224.58 HIGHWAY PARK UTILITY 1,863.69 ENERGY RECOVERY 109.08 EMPLOYEE BENEFIT FUND 3.71

B. Request for Conflicts Waiver from Bryant, Miller and Olive for Potential Conflicts of Interest Relating to the City of Avon Park. See Bryant, Miller and Olive, PA file.

Commissioner Stewart recessed the regular meeting at 6:13 p.m. to open the meeting of the Special Districts and reconvened the regular meeting at 6:16 p.m.

7. PUBLIC HEARING: Request approval of an Ordinance amending Subsection (a) of Section 7-4 and Subsection 15 of Section 12.02.104, and adding Subsections 114B., 117A. and 321A. to Section 12.02.104 of the Code of Ordinances, Highlands County, Florida concerning firearms. Ross Macbeth, Board Attorney, presented the request and read the captions of the Ordinance and Resolution into the record.

Public input was received from Preston Colby and John Drennan.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move approval of the Ordinances amending Subsection (a) of Section 7-4 and Subsection 15 of Section 12.02.104, and adding Subsections 114B, 117A, and 321A to Section 12.02.104 of the Code of Ordinances, Highlands County, Florida concerning firearms.

Upon roll call, all Commissioners voted aye. The motion carried. See Ordinance Book 14.

092711REG BOOK 22 PAGE 29

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Resolution of the Board of County Commissioners of Highlands County, Florida, amending examples of Group II Offences in Section 10.04 of the Highlands County Board of County Commissioners Personnel Rules and Regulations; providing for severability; providing for conflict; and providing for an effective date.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 95.

Commissioner Stewart made a change to the agenda to hear item 9A before item 8.

9A. Mr. Robert Palussek, Administrator, Highlands County Health Department: Request approval of the Core Contract between the Highlands County Board of County Commissioners and the Highlands County Health Department for FY 2011-2012 with a fiscal impact of $243,000.00. Robert Palussek, Highlands County Health Department Administrator, presented the request. Public input was received from Richard Fankhauser and John Drennan.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the core contract between the Highlands County Board of County Commissioners and the Highlands County Health Department.

Upon roll call, all Commissioners voted aye. The motion carried. See Health Department file.

8. WORKSHOP: Workshop on Flood Plain Map Update Mark Hill, Development Services Director, introduced Bruce Bender, of Bender Consulting, and Scott Letasi, representing the Southwest Florida Water Management District. Ms. Jennifer Codo-Salisbury, Planning Director, and Jeff Schmucker, Planner, both for the Central Florida Regional Planning Council, were present for the presentation. Also present were Mr. Danny Kushmer, with Southwest Florida Water Management District, and Gary Ritter, with the South Florida Water Management District.

Mr. Bender gave a presentation on the Flood Plain Map Update. The Commission addressed their comments and concerns. Public input was received from John Drazinski, John Nelson, Preston Colby, Gene Gangemi, Dale Wilson, Jan Grove, John Larson, Julio Lara, John Drennan, Peg Shaw, Ray Royce, Scott Noethlich, and Dick Fankhauser. See SMB 88 Page 40.

Commissioner Stewart stated that the meeting was going to be adjourned and item 9C – the weekly update from the County Administrator – would be heard next week.

9. ACTION:

A. Mr. Robert Palussek, Administrator, Highlands County Health Department: Request approval of the Core Contract between the Highlands County Board of County Commissioners and the Highlands County Health Department for FY 2011-2012 with a fiscal impact of $243,000.00. This item was heard before item 8.

092711REG BOOK 22 PAGE 30

B. Board Attorney:

C. County Administrator: Weekly update

10. CITIZENS NOT ON THE AGENDA

11. COMMISSIONERS:

12. ADJOURN The meeting adjourned at 9:20 p.m.

092711REG BOOK 22 PAGE 31

REGULAR MEETING OF THE BOARD, OCTOBER 4, 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 R. Greg Harris Commissioner Jack L. Richie 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 Bob Germaine, Clerk of Courts. The Pledge of Allegiance was led by Fred Arbelo, Commander of the Military Order of the Purple Heart Highlands County Chapter 601.

3. ANNOUNCEMENTS

Oct 05 3:30 pm Children’s Services Council of Highlands 7205 S. George Blvd., Sebring, FL County CAC/Healthy Families Subcommittee Oct 06 8:15 am Highlands County Tourist Development Room 3, Bert J. Harris, Jr. Agricultural Council Center, 4905 George Blvd., Sebring, FL Oct 06 9:00 am Value Adjustment Board Board room, 600 S. Commerce Ave., Sebring, FL Oct 06 2:00 pm Trails Initiative Committee 501 S. Commerce Ave., Sebring, FL Oct 06 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring, FL Oct 10 9:00 am Highlands County Homeowner’s Association 3240 Grand Prix Dr., Sebring, FL

A. Other meetings:

¾ Gloria Rybinski, Public Information Coordinator, announced that she would be representing the Commissioners in the MDA Lock Up, which is a fundraiser for the Muscular Dystrophy Association. Anyone wishing to make a donation can speak to Ms. Rybinski.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts monthly report for September 2011. See SMB 88 Page 42.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Miss Amanda Killnon, 4-H County Council: Request approval of a Proclamation recognizing October 2-8, 2011 as “4-H Week.” Miss Amanda Killnon, 4-H County Council, read the Proclamation into the record. Mike Jenson, County Extension Director, expressed his gratitude for the support received from the Commission. Commissioner Stewart thanked all the 4-H volunteers who work hard to mentor and guide the children.

100411REG BOOK 22 PAGE 32

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the perfectly read 4-H Proclamation and officially declare the start of “National 4-H Week.”

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 96 & SMB 88 Page 43.

B. Fire Services Supervisor: Request approval of a Proclamation recognizing October 9-15, 2011 as “Fire Prevention Week.” Jim Harris, Fire Services Supervisor, read the Proclamation into the record. Public input was received from Gabriel Read.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation for “Fire Services Week.”

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 97 & SMB 88 Page 44.

C. Ms. Betty Prine, Chair, Highlands County Week of the Family: Request approval of a Proclamation recognizing November 5-12, 2011 as “Highlands County Week of the Family.” Ms. Betty Prine, Chairman of the Highlands County Week of the Family, presented the request. Commissioner Stewart read the Proclamation into the record. Public input was received from Dick Noel.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to proclaim November 5-12, 2011 as Highlands County Week of the Family.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 98 & SMB 88 Page 45.

6. CONSENT AGENDA: Commissioner Elwell requested additional information be provided in the statement of issue for items 6B and 6C in the future and questioned item 6D. Kyle Green, Road & Bridge Superintendent, addressed his concerns.

Commissioner Elwell declared a conflict of interest on item 6A, a payment being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was provided to the Clerk to become part of permanent record.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda, removing a portion of item 6A in regards to a payment to Alan Jay.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the payment to Alan Jay.

100411REG BOOK 22 PAGE 33

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 October 4, 2011. See Check Report 2011 file for copy of check report and abstention form.

GENERAL FUND 1,076,803.83 COUNTRY TRANSPORT TRUST 27,794.56 E911 OPERATIONS FUND 138,929.16 LOCAL GOVT INFRA SURTAX 82,240.45 TOURIST DEV TRUST FUND 320.00 AFFORDABLE HOUSING ASST 2,127.45 STATE COURT FACILITIES TF 605.88 COURT TECH 28.24 (12) (E) 1 105.83 BUILDING FUND 559.86 SOLID WASTE 214,853.13 PLACID UTILITIES 956.66 ENERGY RECOVERY 1,011.98 INSURANCY FUND 85,241.25

B. Request approval of an Emergency Management Hazard Analysis Grant Agreement #12CP-03-07-38-01-193, Resolution, and Budget Amendment 11- 12-004. See Budget Amendment 2011 file, Emergency Management file & Res. Book 24 Page 99.

C. Request for acceptance of Reallocated State Homeland Security Grant Program Funds from FY 2008, and approval of Resolution and Budget Amendment 11-12-003. See Budget Amendment 2011 file, Emergency Management file & Res. Book 24 Page 100.

D. Request approval of a position reclassification within the Road & Bridge Department. See SMB 88 Page 46.

E. Request approval of a Contract with Sunshine Staffing for the Temporary Employment Services for Highlands County RFP 11-022. See Sunshine Staffing file.

Commissioner Stewart stated that they would take a small deviation from the agenda to consider the following request:

Request for establishment of Pre-Trial Release Services through the Clerk of Courts and transfer of funding from Reserve for Contingency. Ricky Helms, County Administrator, presented the request. Bob Germaine, Clerk of Courts, addressed the issue. Mr. Helms stated that if the Commission desired, they could have a memorandum of understanding in place between the Clerk of Courts and the Board of County Commissioners that would basically outline that the Clerk would provide the service and that the function would be funded by the Board. Commissioner Elwell concurred with having a memorandum of understanding in place.

100411REG BOOK 22 PAGE 34

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve the Pre-Trial Release Program services to be provided by the Clerk of Courts and a Budget Amendment to establish funding for the program from the General Fund Reserve for Contingency not to exceed $60,000.00; and development of a memorandum of understanding to be brought back to the Board.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 47.

7. WORKSHOP: Mr. Bradley Krohn, Manager, Highlands EnviroFuels, LLC: Project Status Update and Economic Impact Study Master Site Plan, Site Permitting and Traffic Impact Study, and Ecological and Wetlands Site Assessment. Bradley Krohn, with Highlands EnviroFuels, presented the project status update for the advanced biofuel plant. Mike Burton and Millard Yoder, both with WilsonMiller, presented the Ecological/Wetlands Site Assessment and the Site Permitting/Traffic Impact Study. Public input was received from Dick Noel, Gabriel Read, John Nelson, and Dale Wilson.

The Commission thanked Mr. Krohn, Mr. Burton, and Mr. Yoder for their presentation. See SMB 88 Page 48.

Commissioner Stewart left the meeting at 10:55 a.m.

BREAK: 10:55 a.m. to 11:10 a.m.

8. ACTION: Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Administrative Services Director: Request approval of attached new position Job Descriptions (1) General Services Purchasing Manager; (2) Human Resources Manager; (3) OMB – Administrative Services Senior Manager; and (4) Budget Analyst II-NAV that are under the (OAS) Office of Administrative Services and request approval of the County Administrator and/or Assistant County Administrator to approve minor changes to existing funded positions, i.e., GIS Coordinator reporting to Administrative Services Director, Budget Office Manager changing to Administrative Services Office Manager, etc. Gerald Secory, Administrative Services Director, presented the request. Ricky Helms, County Administrator, addressed the issue.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the attached new position job descriptions and allow the County Administrator and/or Assistant County Administrator to approve minor changes necessary to existing position job descriptions.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 49.

100411REG BOOK 22 PAGE 35

B. Zoning Supervisor and Board Attorney: Request approval of a Tower Removal Agreement. Ross Macbeth, Board Attorney, and Linda Conrad, Zoning Supervisor, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the tower removal agreement between the land owner, Glades Electric Cooperative, Inc., and Highlands County Board of County Commissioners as submitted.

Upon roll call, all Commissioners voted aye. The motion carried. See Tower Removal Agreement file.

C. Board Attorney: Request to authorize the County Administrator to accept the resignation of Florida-Spectrum Environmental Services, Inc., when received and to approve the execution of a General Release, in the form attached, on behalf of the County and the exchange of General Releases, in the form attached, with Florida-Spectrum Environmental Services, Inc. Ross Macbeth, Board Attorney, presented the request. Public input was received from Preston Colby.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to authorize the County Administrator to accept the resignation of Florida-Spectrum Environmental Services, Inc., when received and to approve the execution of a General Release, in the form attached to this memorandum, on behalf of the County and the exchange of General Releases, in the form attached to this memorandum, with Florida- Spectrum Environmental Services, Inc.

Upon roll call, all Commissioners voted aye. The motion carried. See Florida-Spectrum Environmental Services, Inc. file.

D. County Administrator:

1. Request by the Tax Collector to extend the 2011 ad-valorem property tax roll. Ricky Helms, County Administrator, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the request to authorize the Property Appraiser to extend the 2008 Ad Valorem Tax Roll prior to the conclusion of the Value Adjustment Board hearings as provided in Section 197.323 Florida Statutes.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 50.

2. Request by the Sheriff to (1) accept the FY 11/12 Edward Byrne Memorial Justice Assistance Grant Program – Cost Share, and (2) accept the FY 11/12 VOCA Grant Award and approval of Resolution and Budget Amendment 11-12-055 for appropriation of grants and roll over projects. Ricky Helms, County Administrator, presented the request. Public input was received from Preston Colby.

100411REG BOOK 22 PAGE 36

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the acceptance of the FY 11/12 Edward Byrne Memorial Justice Assistance

grant; approve the acceptance of the FY 11/12 VOCA grant; and approve the related Budget Amendment for all the above actions.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 101 & SMB 88 Page 51.

3. Request approval of Architects Design Group (ADG) proposal in the amount of $7,800.00, Budget Amendment No. 11-12-002, and Resolution authorizing Amendment to the Local Government Infrastructure Surtax Fund in the amount of $18,448.74 for the Sheriff’s Office Law Enforcement Facility. Chris Benson, Administrative Project Manager, presented the request. The Commission addressed their concerns. Ricky Helms, County Administrator, and Ross Macbeth, Board Attorney, addressed the issue. Public input was received from Preston Colby and Dick Noel.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the ADG proposal, Budget Amendment 11-12-002, and Resolution authorizing amendment to the Local Government Infrastructure Surtax Fund in the total amount of $18,448.74.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 102 & SMB 88 Page 52.

Ricky Helms, County Administrator, provided the Commission with an updated list of the Short Term Goals and stated that they are still holding weekly meetings with the Sheriff’s Department staff on the spatial needs, as well as staff meetings to address the transfer of water and sewer utilities to the Town of Lake Placid.

Mr. Helms stated that in the near future the Commission will receive a request from Choice Environmental relative to changes to their existing collection routes and that the Commission will be made aware of any changes to the routes before they take place. Mr. Helms also stated that the Capital Financial Strategy, the Road Policy, and the FDOT Work Program presentations would be coming before the Board this month.

Commissioner Harris questioned the implementation process of going to a 2-year budget. Mr. Helms stated that staff will bring a formal presentation to the Board for consideration of a 2- year budget process and will be seeking direction from the Board.

9. CITIZENS NOT ON THE AGENDA

¾ Preston Colby came before the Board to request an opportunity for the public to discuss issues that are happening at the landfill. The Commission requested that Mr. Colby put together a specific list of issues and submit them to Mr. Helms to have them placed on the agenda.

100411REG BOOK 22 PAGE 37

Mr. Helms stated that the tentative date for this issue to be on the agenda is October 25, 2011.

10. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie read an email into the record from the Veteran’s Council of Highlands County regarding the passing of Captain Lou Brough. The viewing will be held at Stephenson-Nelson Funeral Home on Wednesday from 5 -7 p.m. The funeral mass will be held on Thursday at 10:30 a.m. at St. Catherine’s Catholic Church in Sebring. Commissioner Richie stated that Captain Brough’s name has been sent to Washington for the Congressional Medal of Honor for his past duties.

¾ Commissioner Elwell: Commissioner Elwell extended his personal condolences to the for the passing of Captain Brough. Commissioner Elwell commented on the Run for Heartland event that he attended last weekend. Commissioner Elwell also requested a brief update on the County’s new website. Gloria Rybinski, Public Information Coordinator, stated that they have secured a vendor and are in the process of providing the company with pictures that are to be used in the website, and if all goes as planned, the new website should be up in a couple of months.

¾ Commissioner Harris: Commissioner Harris stated that he appreciates the updates given by the County Administrator; the transparency that is conveyed by the County; and the citizens that show up to the meetings and provide input.

11. ADJOURN The meeting adjourned at 12:38 p.m.

100411REG BOOK 22 PAGE 38

REGULAR MEETING OF THE BOARD, OCTOBER 11, 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, 33870, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Also present: June Fisher, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Eric Zwayer, Tax Collector. The Pledge of Allegiance was led by Mr. Rick Ingler, representing the veterans.

3. ANNOUNCEMENTS

Oct 17 1:30 pm Public Hearing of Highlands County Code Board room, 600 S. Commerce Enforcement Special Magistrate Pamela T. Karlson Ave., Sebring, FL Oct 27 4:00 pm Southwest Florida Water Management’s meeting Sam Polston Auditorium, Bert J. concerning the proposed Flood Plain Maps Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL

A. Other meetings:

¾ The Central Florida Regional Planning Council will meet on October 12, 2011 at 9:30 a.m. at the Sun’n Lake of Sebring Community Center.

¾ The Highlands County Tea Party will meet tonight at 6:00 p.m. at Homer’s Restaurant. Supervisor of Elections Joe Campbell will be a guest speaker.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:

Eric Zwayer, Highlands County Tax Collector, briefly informed the Commission that they are scheduled to open the Avon Park Driver License office on October 31st and that the only issue he sees moving forward is the parking in Avon Park and in Sebring. Commissioner Stewart requested Mr. Zwayer speak to the City of Avon Park about parking. Mr. Zwayer stated that he has also discussed the possibility of increasing the front parking spaces of the Government Center with the County Engineer and staff. Commissioner Stewart requested the Assistant County Administrator or the County Administrator be part of those discussions.

Gary Ritter, with South Florida Water Management District – Okeechobee Service Center, briefly commented on water levels for the Kissimmee River, Lake Istokpoga and Arbuckle Creek.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Administrative Services Director: Employee Recognition for Years of Service. Gerald Secory, Administrative Services Director, requested the Commission and June Fisher, Assistant County Administrator, to come forward to present awards to employees for their years of service to the County. See SMB 88 Page 53.

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6. CONSENT AGENDA: Commissioner Elwell questioned how many years the Commission has waived landfill tipping fees for Ag-Venture, Inc. Ramon Gavarrete, County Engineer, addressed his concerns. Public input was received from John Drennan. Susie Bishop, representing Ag-Venture, Inc., commented on Ag-Venture and invited the Commission to a dinner on October 25, 2011 at 4:00 p.m. at the Highlands County fairgrounds.

A. Request approval to pay all duly authorized bills and employee benefits October 11, 2011. See Check Report 2011 file.

GENERAL FUND 436,765.31 LOCAL GOVT INFRA SURTAX 23,348.20 TOURIST DEV TRUST FUND 10,573.50 HOME INITIATIVES PARTNER 17,000.00 LEGAL AID TRUST FUND 3,638.29 BUILDING FUND 226.40 HCISSRB CONSTRUCTION FUND 1,500.00 SOLID WASTE 21,189.43 PLACID UTILITIES 719.96 HIGHWAY PARK UTILITY 127.40

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for September 13, 20, 27, 2011 and the Public Hearing to consider the 2011/2012 Tentative Budget on September 20, 2011. See Clerk of Courts website.

C. Request approval to waive the landfill tipping fees for Ag-Venture, Inc. in an amount not to exceed $180.00. See SMB 88 Page 54.

D. Request to approve the proposed realignment of West Avon Boulevard in Avon Park, Florida by the Florida Department of Transportation (FDOT), Financial Project ID: 194485 2 52 01, US 27 (SR 25) from Lake Isis Avenue to the Polk County Line and authorize the Chair to sign the Letter of Concurrence as requested by FDOT. See FDOT file.

E. Request approval of Budget Amendment #11-12-006 for Boat Ramp Improvements from the Florida Boating Improvement Program with a fiscal impact of $15,800.00. See Budget Amendment 2011 file & SMB 88 Page 55.

F. Request approval of Amendment #1 to Subcontract Agreement #HF-11-12-42 fiscal year 2011-2012 between the Ounce of Prevention Fund of Florida, which oversees the Healthy Families Highlands program, and the Highlands County Board of County Commissioners, the local sponsoring agency, and corresponding Memorandum of Agreements with local community partners. See Healthy Families file.

7. ACTION: Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

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A. County Engineer:

1. Request approval of Change Order No. 1 to the Construction Contract between Highlands County and Lynch Paving and Construction Co., Inc. for the additional construction of a 5’ wide concrete sidewalk on Granada Boulevard from Edgewater Drive to Ortego Street approximately 2,240 feet for the Sun ‘n Lake of Sebring sidewalks at various locations; project no. 08063 and ITB no. 11-018 in the total amount of $92,191.01. Ramon Gavarrete, County Engineer, presented the request. Public input was received from John Drennan, Sandy Adams, and Dale Wilson.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve Change Order No. 1 to the construction contract between Highlands County and Lynch Paving and Construction Co., Inc for the additional construction of a 5 foot wide concrete sidewalk on Granada Boulevard from Edgewater Drive to Ortego Street, approximately 2,240 feet for the Sun’n Lake of Sebring sidewalks at various locations; project #08063 and ITB #11-018 in the amount of $92,191.01.

Upon roll call, all Commissioners voted aye. The motion carried. See Lynch Paving & Construction Co., Inc. file.

2. Request approval of the Florida Department of Environmental Protection Small County Grant 216SC with accompanying Budget Amendment no. 11-12-001 to reallocate funds for the reimbursement of recycling staff regular of and wages salaries. Ramon Gavarrete, County Engineer, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the execution of the Florida Department of Environmental Protection Small County Grant 216SC and accompanying Budget Amendment 11-12-001 to reallocate funds for reimbursing recycling program salaries and wages.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & FDEP file.

B. Board Attorney: Ross Macbeth, Board Attorney, gave a brief update on the meeting held with Mr. Bert Harris, attorney for the Lake Placid Town Council, concerning the transition of the utilities to the Town of Lake Placid.

C. Assistant County Administrator: No report.

8. CITIZENS NOT ON THE AGENDA

¾ Mr. James Martin came before the Board to speak regarding County rules for food vending. Chris Benson, Administrative Projects Manager, addressed the issue and stated that this item is scheduled to be heard next Tuesday.

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9. COMMISSIONERS:

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell addressed the weekly update report that the Commission receives from the County Administrator and stated that he would like to see it continue. After discussion, Commissioner Stewart gave direction to the Assistant County Administrator to continue the weekly report with important items, see about a monthly/quarterly report, and to see about posting the information to the website.

Commissioner Elwell also commented on the Miracle League game that he attended last week at the Lake June Ball Field.

¾ Commissioner Harris: No report.

¾ Commissioner Stewart: Commissioner Stewart commented on the Change of Command ceremony that she attended at the Air Force Range last week.

10. ADJOURN The meeting adjourned at 10:13 a.m.

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REGULAR MEETING OF THE BOARD, OCTOBER 18, 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 R. Greg Harris Commissioner Jack L. Richie 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 Commissioner Stewart. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

Oct 18 300 pm Highlands Soil & Water Conservation District Rm. 3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Oct 19 9:00 am Children’s Services Council of Highlands County 1968 Sebring Parkway, Sebring, FL Oct 19 12:00 pm Highlands County Health Facilities Authority City Council Chambers, City of Sebring, 368 S. Commerce Ave., Sebring, FL Oct 20 10:30 am Keep Highlands County Beautiful, Inc. Board of Wauchula State Bank, 1385 US 27 S., Directors Sebring, FL Oct 20 2:00 pm Recreation & Parks Advisory Committee 216 Sheriff’s Tower Road, Sebring, FL Oct 24 1:15 pm Special Meeting of the Highlands County Hospital Highlands Regional Medical Center District Board Cafeteria, 3600 S. Highlands Ave., Sebring, FL Oct 27 4:00 pm Southwest Florida Water Management’s meeting Sam Polston Auditorium, Bert J. Harris, concerning the proposed Flood Plain Maps Jr. Agricultural Center, 4509 George Blvd., Sebring, FL

A. Other meetings:

¾ Ricky Helms, County Administrator, announced that there are only 66 shopping days left until Christmas.

¾ The Sebring Airport Authority will meet on Thursday at 1:00 p.m. at the Sebring Airport.

¾ The Public Health Performance Standards meeting will be held at the Ag Center on Thursday from 7:30 a.m. to 12:00 p.m.

¾ The Heartland Workforce Board will meet on Wednesday, October 19, 2011, at 1:30 p.m. at the Heartland Workforce building on US 27.

¾ The Highlands County Economic Development Commission has a special meeting tomorrow at 7:30 a.m. at the EDC Building on US 27.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:

Gary Ritter, South Florida Water Management District – Okeechobee Services Center, commented on the water levels of the Kissimmee River and stated that the Lake Istokpoga boat ramp park is closed. Mr. Ritter also stated that Arbuckle Creek will be flowing heavier with the rainfall this week.

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5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Commissioner Stewart reminded everyone of the importance of having their mammograms done.

6. CONSENT AGENDA: Public input was received from John Drennan concerning item 6C. The Commission addressed his concerns.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda as submitted.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits October 18, 2011. See Check Report 2011 file.

GENERAL FUND 226,119.05 COUNTY TRANSPORT TRUST 28,227.87 LOCAL GOVT INFRA SURTAX 66,916.00 TOURIST DEV TRUST FUND 18.90 HOME INITIATIVES PARTNER 50,000.00 SEBRING PARKWAY MAINT 2,193.13 STATE COURT FACILITIES TF 2,394.96 BUILDING FUND 1,718.04 SOLID WASTE 14,093.34 PLACID UTILITIES 9,976.07 HIGHWAY PARK UTILITY 2,603.71 EMPLOYEE BENEFIT FUND 7.56

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for October 4, 2011. See Clerk of Courts website. C. Request approval of an Interlocal Agreement with the City of Avon Park for the restoration of a concrete wall at Head Field. See City of Avon Park file.

D. Request approval of a Tower Removal Agreement between Skyway Towers, Jahna Concrete and Highlands County Board of County Commissioners. See Tower Removal Agreement file.

E. Request approval of Resolution and Budget Amendment #10-11-188 for the Homeland Security Grant Closure with a fiscal impact of $9,488.00. See Budget Amendment 2011 file, Res. Book 24 Page 103 & SMB 88 Page 56.

7. PUBLIC HEARING: Public Hearing to consider the adoption of a zoning change for the Florida Army National Guard, P&Z 1994. Susan Buchans, Planning Supervisor, and Linda Conrad, Zoning Supervisor, presented the request. Ms. Buchans read the caption of the Resolution into the record. A Proof of Publication was submitted to the Clerk to become part of the permanent record.

Lara Diettrich, representing the Florida Army National Guard, addressed their request. Public input was received from Dale Wilson.

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Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve and adopt by Resolution P&Z 1994, amending the Zoning Atlas for approximately 19.07 from Industrial (I-1) to Public and Quasi-Public Lands (P), referencing the mandatory findings of fact and becoming effective as provided by law.

Upon roll call, all Commissioners voted aye. The motion carried. See Comprehensive Plan Amendment 2011 file & Res. Book 24 Page 104 .

8. ACTION: Ricky Helms, County Administrator, stated the Sheriff’s Office requested to pull item 8A from the agenda to be brought back at a later date.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as amended, removing item 8A, but leaving the letter.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Sheriff Benton: Request approval of Budget Amendment 11-12-008 to roll forward 2009 Bullet Proof Vests and Proceeds Housing Inmates Projects. (This item was pulled from the agenda). See SMB 88 Page 57.

B. Supervisor of Elections: Request approval of Elections Project 10061 for the Federal Elections Activities Grant and Resolution & Budget Amendment 10- 11-189. Tim Mechling, Budget Manager, presented the request.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve Resolution and Budget Amendment 10-11-189.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 105 & SMB 88 Page 58.

C. County Engineer and Florida Department of Transportation representatives: Request for endorsement of the Florida Department of Transportation (FDOT) District 1, Tentative Five Year Work Program for fiscal years 2013 through 2017. Ramon Gavarrete, County Engineer, introduced Lori Carlton and Susan King, with the Florida Department of Transportation. Ms. Carlson presented the Tentative Five Year Work Program for fiscal years 2013 through 2017. Public input was received from Jerry Kingsbury and Dick Noel.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to endorse the Florida Department of Transportation (FDOT) District 1, Tentative Five Year Work Program for fiscal years 2013 through 2017.

Upon roll call, all Commissioners voted aye. The motion carried. See FDOT file.

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D. County Engineer: Request for consideration of the proposed Request for Proposal (RFP) 12-016 Recyclables Transfer & Processing Services and Provision of Recycling Carts. Ramon Gavarrete, County Engineer, presented the request. Bob Diefendorf and Jessica Prescott, both with the Engineering Department, were also present. Mr. Gavarrete addressed the changes made to the RFP. The Commission discussed the request in great detail. Gerald Secory, Administrative Services Director, addressed some concerns pertaining to the Local Preference section of the RFP. Commissioner Elwell, Commissioner Harris, and Commissioner Richie concurred to leave the Local Preference in the RFP.

Public input was received from Gene Reese, John Drennan, Billie Hetherton, and Sandy Adams.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the final draft of the proposed Request for Proposal (RFP) 12-016 Recyclables Transfer & Processing Services and Provision of Recycling Carts as amended and instruct staff to move forward with advertising in accordance with the Highlands County Purchasing Manual and to authorized the County Administrator to approve amendments as needed after legal review.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 59.

BREAK: 10:59 a.m. to 11:11 a.m.

E. Board Attorney: No report.

F. County Administrator: Ricky Helms, County Administrator, stated that the Capital Financial Strategy will be heard by the Board next Tuesday and distributed a draft copy to the Commission. See SMB 88 Page 60.

Mr. Helms also stated that the request received from Mr. Colby to put several items of interest on the agenda concerning the landfill is currently not ready and may not make it on next week’s agenda.

9. WORKSHOP:

A. Administrative Project Manager: Workshop regarding Mobile Food Service Operations. Chris Benson, Administrative Project Manager, presented the request. Linda Conrad, Zoning Supervisor, and Tom Higginbotham, Environmental Director, representing the Health Department, were present for discussion. James Martin, President of the Florida Hotdog and Concession Vendors, addressed his request. Commissioner Stewart questioned if it was a consensus of the Commission to have staff meet with the municipalities. The Commission concurred. Public input was received from Sandy Adams, Joe Campbell, and Charles Butcher. Commissioner Stewart questioned if it was the consensus of the Commission to direct staff, under the County Administrator’s direction, to continue working on this request. The Commission stated yes. See SMB 88 Page 61.

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B. Development Services Director, County Engineer and Parks & Natural Resources Director: Workshop regarding changes to Chapter 163 Florida Statutes, the Community Planning Act. Mark Hill, Development Services Director, Vicki Pontius, Parks & Natural Resources Director, and Ramon Gavarrete, County Engineer, presented the request. Mr. Hill read into the record the School Board of Highlands County’s position on concurrency. Public input was received from Billie Hetherton. The Commission concurred to maintain the existing concurrency requirements, but over the next 6 months, review these concurrency requirements for areas of improvement. See SMB 88 Page 62.

10. CITIZENS NOT ON THE AGENDA

¾ John Skipper, Carol Skipper, Donald Skipper, and Harold Young, all came to speak in relation to the “mud bog” track event held by a neighbor on Saddle Ridge and addressed their concerns because this track neighbors their property and requested that the Commission look into this issue. Gary Ritter, with the South Florida Water Management District, stated for the record that the District has not given their approval to hold these events on Saddle Ridge and spoke as to the permit conditions for that property. Mr. Ritter stated that by the end of the week, the District is issuing a Notice of Investigation to get an explanation reflecting their intentions with the property or to come into compliance with the permit that they originally applied for. Mark Hill, Development Services Director, spoke as to the land development regulations. The Commission addressed their concerns whether to issue a moratorium until staff has a chance to take a look at this issue. Ross Macbeth, Board Attorney, addressed the issue.

After discussion, Commissioner Stewart gave a suggested motion to task staff with pursuing the research and development of additional standards regarding this type of use and also to prepare an item regarding the moratorium for next week.

Commissioner Elwell moved and Commissioner Richie seconded the motion. Upon roll call, all Commissioners voted aye. The motion carried.

11. COMMISSIONERS:

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell requested a brief update on the meeting held to address the Sheriff’s space needs. Ricky Helms, County Administrator, addressed his request.

¾ Commissioner Harris: Commissioner Harris addressed the false perception that one district is not being represented with the absence of one Commissioner and stated that the Commission represents the entire County, and if anyone has any issues to please contact any of the Commissioners.

¾ Commissioner Stewart: Commissioner Stewart commented on the 4-H event that she attended last week and on the new Nu-Hope store that recently opened in the County.

12. ADJOURN The meeting adjourned at 1:10 p.m.

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REGULAR MEETING OF THE BOARD, OCTOBER 25, 2011

1. The meeting was called to order at 6:00 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell Commissioner Ron Handley

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 Commissioner Harris. The Pledge of Allegiance was led by Mr. Rick Ingler, representing the veterans.

3. Swearing-in Ceremony: Swearing in of Commissioner William R. “Ron” Handley by the Honorable Clerk of Courts Robert W. Germaine. Honorable Clerk of Courts Robert W. Germaine swore in Commissioner William R. “Ron” Handley. Commissioner Handley introduced his family. The Commission welcomed Commissioner Handley to the Board.

4. ANNOUNCEMENTS

Oct 25 10:30 am Public Meeting for Negotiations by the Top Ranked Vendor; Engineer’s Conference Room, 505 S. Henkelman Construction for the RFP 11-048 Design-Build Commerce Ave., Sebring, FL Services the for Construction of a Professional Office Building for Highlands County’s Office of the Supervisor of Elections Oct 26 10:00 am Discussion of Hydrilla Management on Lake Istokpoga H.L. Bishop Park Clubhouse, 10 Clubhouse Rd., Lake Placid, FL Oct 26 1:30 pm Transportation Disadvantaged Multi-County Local Coordinating Okeechobee County Emergency Operations Board Center, 707 NW 6th St., Okeechobee, FL Oct 26 4:00 pm Natural Resources Advisory Commission Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Oct 27 10:00 am Insurance Committee Board room, 600 S. Commerce Ave., Sebring, FL Oct 27 10:00 am Lake Istokpoga Management Committee Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring, FL Oct 27 4:00 pm Southwest Florida Water Management’s meeting concerning the Sam Polston Auditorium, Bert J. Harris, Jr. proposed Flood Plain Maps Agricultural Center, 4509 George Blvd., Sebring, FL

A. Other meetings:

¾ On October 20, 2011, from 11:00 a.m. to 2:00 p.m., the Highlands County Tea Party will be having a Tea Party Rally at Devane Park in Lake Placid. Also, on November 1st, KrisAnne Hall will be a guest speaker at their regular meeting.

¾ The Highlands Republican Executive Committee will meet on Thursday, October 27, 2011 at 6:30 p.m. at Inn on the Lakes.

102511REG BOOK 22 PAGE 48

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:

Gary Ritter, with the South Florida Water Management District - Okeechobee Service Center, briefly commented on the water levels for Lake Okeechobee and Lake Istokpoga, and stated that the Kissimmee River may be opened back up before the end of this week.

RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Chairman: Request approval of a Proclamation recognizing the month of October as “Breast Cancer Awareness Month”. Commissioner Stewart read the Proclamation into the record.

Commissioner Handley made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 106.

7. CONSENT AGENDA:

Ricky Helms, County Administrator, added a request for approval of Budget Amendment 10- 11-194 to the consent agenda. Public input was received from John Drennan.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits October 25, 2011. See Check Report 2011 file.

GENERAL FUND 774,205.58 COUNTY TRANSPORT TRUST 11,888.38 LOCAL GOVT INFRA SURTAX 120,069.19 TOURIST DEV TRUST FUND 1.55 AFFORDABLE HOUSING ASST 8,710.00 SEBRING PARKWAY MAINT 379.75 STATE COURT FACILITIES TF 800.45 COURT TECH 28.24 (12) (E) 1 26,748.54 BUILDING FUND 564.20 SOLID WASTE 5,606.01 PLACID UTILITIES 1,453.48 HIGHWAY PARK UTILITY 45.52 ENERGY RECOVERY 102.49 EMPLOYEE BENEFIT FUND .62 INSURANCY FUND 482,461.60 AGENCY ESCROW 29,700.00

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for October 11, 2011. See Clerk of Courts website.

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C. Request approval of Budget Amendment 10-11-191 re-aligning Project 10045 DCR (Datacenter in a Row) with a fiscal impact of $50,000.00. See Budget Amendment 2011 file & SMB 88 Page 63.

D. Request approval of Resolution and Budget Amendment 10-11-192 for correction of State Aid to Libraries Project #07052, with a fiscal impact of $2,938.84. See Budget Amendment 2011 file, Res. Book 24 Page 107 & SMB 88 Page 64.

E. Request approval of Budget Amendment 10-11-194 to realign the Budget with no fiscal impact. See Budget Amendment 2011 file & SMB 88 Page 65.

8. ACTION: Ricky Helms, County Administrator, stated that he received notification from the Sheriff’s Office that no items will be presented under 8C.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda as presented with the deletion of item 8C, retaining the same order.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Tax Collector: Tax Collector’s Annual Presentation. Eric Zwayer, Highlands County Tax Collector, and Myrna Spencer, Accounting Manager, presented the End of the Year Financial Report for the Tax Collector’s Office. Public input was received from Dick Fankhauser.

The Commission thanked Mr. Zwayer and his staff for the presentation. See SMB 88 Page 66.

B. Supervisor of Elections: Request approval to lease voting equipment. Joe Campbell, Supervisor of Elections, presented the request.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to direct Mr. Campbell to move forward with the five-year lease of 36 Automark voting machines and authorization for the Chair to sign the lease agreement after the Board Attorney has reviewed and approved it.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 67.

C. Sheriff Benton: No items were presented.

D. Mr. Mike Swaine: Request for approval of a Resolution of the Board of County Commissioners of Highlands County, Florida, approving the issuance by the Highlands County Health Facilities Authority (the “Authority”) of its revenue bonds (Adventist Health System Sunbelt Obligated Group) in an aggregate principal amount not to exceed $175,000,000.00 in one or more series over the longest period permitted by law for the benefit of Pasco- Pinellas Hillsborough Community Health Systems, Inc.

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Mr. Mike Swaine, representing the Highlands County Health Facilities Authority, presented the request and read the caption of the Resolution into the record. Public input was received from Dick Fankhauser,

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Resolution of the Board of County Commissioners of Highlands County, Florida, approving the issuance by the Highlands County Health Facilities Authority of its revenue bonds (Adventist Health System Sunbelt Obligated Group) in an aggregate principal amount as described in the Resolution and in each instance for the benefit of Adventist Health System Sunbelt, Inc., a Florida not-for-profit corporation, and certain affiliated not-for- profit corporations.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 108 & SMB 88 Page 68.

E. County Engineer: Request for consideration of Choice Environmental Services, Inc.’s request to change the current collection schedule for the Collector’s Service Area, collection of garbage and rubbish placed at curbside in garbage containers provided by the customer will continue not less than two times per week, with collections at least three days apart. Ramon Gavarrete, County Engineer, presented the request. Jim Wheatley, with Choice Environmental, was present for discussion and stated that the requested change will be announced and each home will receive a door hanger informing them of the new collection schedule. Commissioner Elwell requested that the maps and the current and proposed routes be placed on the County’s website. See SMB 88 Page 69.

F. Board Attorney: No report.

G. County Administrator: Request approval of Budget Amendment 10-11-190 State-County Assistance Program Expense Adjustments (decrease Reserve for Contingency) with a fiscal impact of $220,000.00. Ricky Helms, County Administrator, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-190.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 70.

9. CITIZENS NOT ON THE AGENDA:

¾ Bryant Culpepper, Okeechobee County Commissioner, came before the Commission to speak on the behalf of the possible “mud fest” and its impact to the County. Mr. Culpepper also commented on the impact the “mud fests” have had in Okeechobee County and stated that it was “good, dirty fun”.

¾ Harold Young came before the Commission to address his concerns about the mud hole.

102511REG BOOK 22 PAGE 51

¾ Jeff Kennedy, partner in the proposed Swamp Hammock Mud Bog and Country Club, spoke on behalf of the mud bog and presented the Commission a copy of the proposed site map.

¾ Brittany Klobuchar came before the Board to speak on behalf of Swamp Hammock.

¾ Donald Skipper came before the Commission to address his concerns about the mud bog.

¾ Charissa Danzey came before the Board to speak on behalf of Swamp Hammock.

¾ Mark Ross came before the Board to speak on a “legal” off-road area and suggested the Commission support the Swamp Hammock project.

¾ Tom Kosty came before the Board to reinforce the comments made by Mr. Skipper pertaining to the mud bog on Marguerite Road.

Commissioner Stewart questioned if a copy of the draft ordinance that is to be heard next week on this issue was available for public view. Ricky Helms, County Administrator, stated that anyone can contact the Public Information Office.

The Commission came to a consensus to hold a meeting on this issue on November 29, 2011 at 5:00 p.m. Mr. Helms stated that they will take care of the advertising for this meeting.

Break: 8:31 p.m. to 8:37 p.m.

10. WORKSHOP: Workshop on the Capital Financial Strategy (CFS). Tim Mechling, Budget Manager, briefly presented the preliminary FY 2011-2012 Capital Financial Strategy (CFS) and addressed the changes from the last adopted CFS.

Ben Henley, Emergency Management Coordinator, addressed the 700/800 MHZ radio system considered in the CFS. Mike Harrington, with Motorola, and Warren Hall and Chaz Elliot, with EMCI, were present for discussion. The Commission addressed their concerns.

Mr. Mechling stated that the CFS Project List Summary that was provided to the Board is a list of the projects that are currently running, with the funds committed under the prior approved CFS, and that the Non-CFS Project List Summary is a list of projects that are currently running but not funded through the 151 Fund.

The Commission thanked them for their presentation. See SMB 88 Page 71.

11. COMMISSIONERS:

¾ Commissioner Richie: Commissioner Richie requested the Board and the Chairman to consider eliminating the meeting of November 15, 2011, to allow for the Commission to drive up north for a meeting. Mr. Helms stated that normally the 3rd Tuesday in November is the reorganizational meeting for the Board, where they elect a Chairman and a Vice-Chairman, and suggested the Commission hold a short meeting on

102511REG BOOK 22 PAGE 52

November 15, 2011. Commissioner Stewart stated that unless the Board has to meet for another reason, the reorganization can be done on November 22nd.

¾ Commissioner Elwell: Commissioner Elwell commented on the Ag-Venture event that he attended before the meeting tonight and announced that the Southwest Florida Water Management District open house for the flood plain maps will take place at the Agri-Civic Center at 4:00 p.m. on October 27, 2011. Commissioner Elwell congratulated Commissioner Handley for his appointment to the Commission and made an apology to Commissioner Stewart for a small misunderstanding.

¾ Commissioner Harris: Commissioner Harris commented on the Children’s Services Council meeting, the Public Health Performance Standards meeting, the Sebring Airport Authority meeting, and the Recreation and Parks Advisory Committee meeting that he attended last week.

¾ Commissioner Handley: No report.

¾ Commissioner Stewart: Commissioner Stewart commented on the Good Shepherd Hospice fundraiser that she attended last week. Commissioner Stewart stated to Commissioner Handley that it has been the commissioner’s responsibility from his district to be the liaison to the Sun’n Lake of Sebring Improvement District and stated that there is a vacancy on the Hospital District Board from his district. Commissioner Handley questioned how individuals would know about the vacancies. Commissioner Stewart suggested he get with June Fisher, Assistant County Administrator, about announcing the vacancy.

12. ADJOURN The meeting adjourned at 9:30 p.m.

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REGULAR MEETING OF THE BOARD, NOVEMBER 1, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell Commissioner Ron Handley

Also present: June Fisher, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Clerk of Courts Bob Germaine. The Pledge of Allegiance was led by Mr. Rick Ingler, representing the veterans.

3. ANNOUNCEMENTS

Nov 03 12:00 pm Highlands County Health Facilities City of Sebring Council Chambers, 368 S. Authority Commerce Ave., Sebring, FL Nov 03 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring, FL Nov 05 7:00 am–4:30 pm Household Hazardous Waste/EWaste Barkely Street at the NW corner of the Collection Desoto City Landfill

A. Other meetings:

¾ The CCC Festival will take place on Saturday at the Highlands Hammock State Park.

¾ The Highlands Art Festival will take place on Saturday.

¾ The Teen Summit will take place at South Florida Community College at 10:00 a.m. at the University Center Building on Saturday.

¾ The Veteran’s Day Tribute Dance will take place at the Chateau Élan on Sunday and all veterans are admitted at no charge.

¾ The Veteran’s Day Parade will take place on November 11, 2011 starting at 2:00 p.m. in downtown Sebring and after the parade, a ceremony will be held at the Courthouse lawn.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No report.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. Administrative Services Director: Presentation of Years of Service Awards. Gerald Secory, Administrative Services Director, invited the Commission and June Fisher, Assistant County Administrator, to come forward to present awards to David Flowers, Facilities Management Director, and Troy Granata, with EMS, for their years of service to the County. See SMB 88 Page 72.

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B. Ms. Becky McIntyre, Good Shepherd Hospice Chief Clinical Officer: Request approval of a Proclamation recognizing the month of November 2011 as “National Hospice Month”. Becky McIntyre, Good Shepherd Hospice Chief Clinical Officer, presented the request and read the Proclamation into the record.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to accept the Proclamation.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 109.

6. CONSENT AGENDA: Commissioner Elwell questioned if there were any letters of objection received for item 6B. Harvey Craven, EMS Director, stated no. Commissioner Elwell also questioned if items 6C, 6D, 6E, and 6F included the Board adopted employment eligibility language.

Commissioner Handley declared a conflict of interest on item 6G, stating that he is involved in a job that is to be built on the Sudan Acres property. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve the consent agenda, with the exception of item 6G.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to approve item 6G.

Upon roll call, all Commissioners voted aye, except Commissioner Handley, who abstained. The motion carried. See SMB 88 Page 73.

A. Request approval to pay all duly authorized bills and employee benefits November 1, 2011. See Check Report 2011.

GENERAL FUND 2,601,098.47 COUNTY TRANSPORT TRUST 70,018.96 E911 OPERATIONS FUND 69,464.58 INTERGOVT RADIO COMMUNICA 220,985.04 LOCAL GOVT INFRA SURTAX 117,203.05 TOURIST DEV TRUST FUND 1.78 AFFORDABLE HOUSING ASST 8,330.00 STATE COURT FACILITIES TF 175.23 COURT TECH 28.24 (12) (E) 1 3,868.82 BUILDING FUND 224.38 SOLID WASTE 52,187.38 PLACID UTILITIES 175.90 HIGHWAY PARK UTILITY 4,998.29 ENERGY RECOVERY 25,532.90 EMPLOYEE BENEFIT FUND 1.32 INSURANCY FUND 117.15

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B. Request for Renewal of Certificate of Public Convenience and Necessity (COPCN) for West Coast-Southern Medical Service, Inc. See West Coast- Southern Medical Service, Inc. file.

C. Request approval of Nu-Hope Elder Care Services, Inc., a Florida Non-Profit Corporation Grant Contract with a fiscal impact of $29,250.00 as approved in the FY 11/12 budget. See Nu-Hope Elder Care Services, Inc. file.

D. Request approval of Boys & Girls Club of Highlands County, Inc., a Florida Non-Profit Corporation Grant Contract with a fiscal impact of $18,000.00 as approved in the FY 11/12 budget. See Boys & Girls Club of Highlands County, Inc. file.

E. Request approval of Ridge Area Association for Retarded Citizens, Inc., a Florida Non-Profit Corporation Grant Contract with a fiscal impact of $16,200.00 as approved in the FY 11/12 budget. See Ridge Area ARC, Inc. file.

F. Request approval of Peace River Center for Personal Development, Inc., a Florida Non-Profit Corporation Grant Contract with a fiscal impact of $30,000.00 as approved in the FY 11/12 budget. See Peace River Center file.

G. Request for approval of the Plat Recordation of Sudan Acres. See Sudan Acres file.

H. Request for approval of the Plat Recordation of Skipper Road Estates. See Skipper Road Estates file.

I. Request for approval of the Plat Recordation of Afton Road Estates. See Afton Road Estates file.

J. Request approval of Budget Amendment 10-11-193 for Unemployment charges for various departments with a fiscal impact of $20,097.31. See Budget Amendment 2011 file & SMB 88 Page 74.

7. ACTION: Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Clerk of Courts: Interim Financial Report of Key Operating Performance Measures as of September 30, 2011. Tasha Morgan, Clerk of Courts Accounting Director, presented the Interim Financial Report of Key Performance Measures as of September 30, 2011. The Commission addressed their comments and concerns. Public input was received from Dale Wilson, Gabriel Read, and John Drennan. The Commission thanked Ms. Morgan for the presentation. See Clerks Financial Reporting file.

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B. County Engineer: Request approval of a Construction Contract between Highlands County and Professional Highway Maintenance, Inc. for Lighting Project #08019 (ITB-11-049), FM# 414512-2-58-01 (US 27 and Sebring Lakes Blvd.) this project with a fiscal impact of $294,938.95 is being 100% reimbursed by Florida Department of Transportation (FDOT). Ramon Gavarrete, County Engineer, presented the request. The Commission addressed their concerns. Public input was received from Dale Wilson, John Drennan, and Dick Noel.

Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve the construction contract between Highlands County and Highway Maintenance, Inc., for lighting project #08019 (ITB-11-049), FM #414512-2-58-01 (US 27 and Sebring Lakes Blvd.) This is an FDOT funded project with a fiscal impact of $294,938.95.

Upon roll call, all Commissioners voted aye. The motion carried. See Professional Highway Maintenance, Inc. file.

C. Lakes Manager: Request approval of Amendment 2 to Contract for RFP 09- 021 Multi-Species Scrub Habitat Conservation Plan for Highlands County. Clell Ford, Lakes Manager, presented the request. The Commission addressed their comments and concerns. Public input was received from Susie Bishop and Gabriel Read.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move that the Board of County Commissioners approve Amendment 2 to the contract between the Highlands County Board of County Commissioners and Quest Ecology Inc. for development of Multi-Species Scrub Habitat Conservation Plan for Highlands County.

Upon roll call, all Commissioners voted aye. The motion carried. See Quest Ecology, Inc. file.

BREAK: 10:40 a.m. to 10:50 a.m.

D. Board Attorney:

1. Request for consideration of a Joint Stipulation for Entry of Judgment on Case No. GC-09-13. Ross Macbeth, Board Attorney, presented the request. The Commission addressed their concerns. Commissioner Elwell requested that Mr. Macbeth come back in a future meeting with options as to enforcing the judgment.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the Joint Stipulation for Entry of Judgment and allow Mr. Macbeth to sign said judgment.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 75.

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2. Report of activities. Ross Macbeth, Board Attorney, reported on the foreclosures that come to his office where the County is listed as defendants because of liens the County holds against property owners, mainly through Code Enforcement, and reported on the work done to name the property owners and lenders as respondents in order to try to collect some of the County’s money back. The Commission addressed their concerns.

Mr. Macbeth gave an update on the Charlotte County Shell Pit mining permit and on the transfer of water/wastewater system to the Town of Lake Placid.

BREAK: 12:25 a.m. to 1:03 p.m.

E. Assistant County Administrator:

1. Request approval of Budget Amendment 10-11-195 and Resolution for Closure of Project 08031 CDBG Economic Development with a fiscal impact of $9,364.92 from Reserve for Contingency. Tim Mechling, Budget Manager, presented the request. The Commission addressed their concerns. June Fisher, Assistant County Administrator, addressed the issue.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-195 and Resolution, with further instruction to staff to seek to recoup the monies from both, the developer and the consultant in the amount of $9,364.92.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 110 & SMB 88 Page 76.

2. Request approval of Service Contract between Highlands County and Florida Housing Coalition. June Fisher, Assistant County Administrator, presented the request and requested that the Board waive the Board’s Purchasing Policy.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to waive the Highlands County Purchasing Policy and approve the service contract between the Highlands County Board of County Commissioners and the Florida Housing Coalition, Inc., a Florida non-profit corporation, for technical assistance services to assist the County with reconciliation, tracking and reporting of the Housing Programs, in the amount not to exceed $12,000.

Upon roll call, all Commissioners voted aye. The motion carried. See Florida Housing Coalition, Inc. file.

3. Request for consideration to cancel the November 15, 2011 Board of County Commissioners Board meeting. June Fisher, Assistant County Administrator, presented the request.

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Commissioner Richie made a motion and Commissioner Handley seconded the motion, to move to cancel the November 15, 2011 Board of County Commissioners Board meeting.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Stewart questioned if it was a consensus of the Commission to hold the November 22, 2011 Board of County Commissioners meeting during the day versus having it in the evening. The Commission agreed. Ms. Fisher stated that she will take care of the advertising for the day meeting.

8. WORKSHOP: Workshop on Capital Financial Strategy (CFS). Tim Mechling, Budget Manager, gave a brief presentation on the Capital Financial Strategy (CFS) and entered into a detailed discussion on some of the projects listed under the Transportation – Local Option Sales Tax. Kyle Green, Road & Bridge Superintendent, addressed the Road Resurfacing, Road Construction, and Road Reconstruction/Collector Road Program line items. Ramon Gavarrete, County Engineer, addressed the Sebring Parkway Maintenance line item.

BREAK: 2:38 p.m. to 2:54 p.m.

(Discussion on the CFS continued)

Ben Henley, Emergency Management Coordinator, addressed the Metro E for Public Radio System and the Backup Radio Tower and Other Equipment line items under the General Govt/Public Safety – Local Option Sales Tax. Mike Harrington, with Motorola, addressed the benefits of the radio system. The Commission gave direction to Mr. Henley to obtain additional information as to what other options can be looked at.

Ramon Gavarrete, County Engineer, addressed the Public Parking Lemon Street and the Hammock Road/Lakewood Avenue Intersection Improvements projects listed under the Transportation – Local Option Sales Tax. The Commission addressed their concerns and came to a consensus to reduce the Hammock Road/Lakewood Avenue project back to the original amount and gave direction to Mr. Gavarrete to obtain additional information on the Public Parking Lemon Street project.

Public input was received from Preston Colby and Ray Royce. The Commission thanked staff for the presentation. June Fisher, Assistant County Administrator, stated that the CFS will come back to the Board on November 22, 2011. See SMB 88 Page 77.

9. CITIZENS NOT ON THE AGENDA

¾ Preston Colby withdrew his request to speak on an overpayment to the Board Attorney and stated that he will speak personally to Ross Macbeth, Board Attorney.

10. COMMISSIONERS:

¾ Commissioner Richie: No report.

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¾ Commissioner Elwell: Commissioner Elwell stated that the Miracle League games will take place on Saturday beginning at 9:00 a.m. at the Lake June ball field. Commissioner Elwell also questioned where they are on getting Mr. Colby’s request regarding the ASR on the agenda. June Fisher, Assistant County Administrator, addressed the issue.

¾ Commissioner Handley: No report.

¾ Commissioner Harris: Commissioner Harris announced that the Pearl Harbor Remembrance Ceremony will take place on December 7, 2011 at 11:00 a.m. and encouraged all the Commissioners to attend.

¾ Commissioner Stewart: Commissioner Stewart stated that the City of Sebring has been extending the water line on SR 17 and utilizing County right-of-way to lay the line and questioned if they would be providing fire services to the residents. Ramon Gavarrete, County Engineer, stated that the City of Sebring will not be providing fire hydrants as they install the lines. Ross Macbeth, Board Attorney, addressed the issue. Mr. Gavarrete stated that changes to the LDRs will be coming to the Board shortly.

Commissioner Stewart requested a brief update on the Flood Plain Map meeting. Commissioner Elwell, Commissioner Harris, Commissioner Handley, and Commissioner Richie commented on the meeting.

11. ADJOURN The meeting adjourned at 4:56 p.m.

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REGULAR MEETING OF THE BOARD, NOVEMBER 8, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell

Commissioner Ron Handley was absent from this meeting.

Also present: Ricky Helms, Elizabeth Lenihan, Robert W. Germaine, and Pamela Nava.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Gerald Secory, Administrative Services Director. The Pledge of Allegiance was led by Commissioner Richie.

3. ANNOUNCEMENTS

Nov 9 9:30 am Central Florida Regional Planning Commission Chambers of the Hardee County Council Courthouse Annex, 412 W. Orange St., Wauchula, FL Nov 10 8:30 am Special Highlands County Legislative Boardroom, 600 S. Commerce Ave., Sebring, FL Delegation Meeting & Public Hearing Nov 14 8:00 am Executive Committee for the Industrial Lake Placid Chamber of Commerce, 18 N. Oak Development Authority & the Economic Ave., Lake Placid, FL Development Commission Nov 14 9:00 am Highlands County Homeowners 3240 Grand Prix Drive, Sebring, FL Association Nov 16 7:30 am Industrial Development 1 East Main St., Avon Park, FL Authority/Economic Development Commission Board of Directors meeting Nov 17 2:00 pm Recreation & Parks Advisory 216 Sheriff’s Tower Road, Sebring, FL Committee

A. Other meetings:

¾ The Historic Preservation Commission will meet in the conference room of the Development Services Department on November 10, 2011 at 2:30 p.m.

¾ The Veteran’s Day Parade will begin at 2:00 p.m. on Friday, November 11, 2011, following with a ceremony at the Courthouse lawn.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts Monthly Report for October 2011. See SMB 88 Page 78.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

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A. Mr. Charlie Parker, Executive Director, Tampa Bay Library Consortium: Presentation of Tampa Bay Library Consortium’s “TBLC Library Champion Award” and the Florida Library Association Legislative Award to State Representative Denise Grimsley. Debra Worley, Chairman of the Highlands County Library Advisory Board, called upon Commissioner Elwell, as liaison to the Highlands County Library Advisory Board, and Mr. Charlie Parker, Executive Director of the Tampa Bay Library Consortium, to come forward to present the TBLC Library Champion Award and the Florida Library Association Legislative Award to State Representative Denise Grimsley. See SMB 88 Page 79.

B. Administrative Services Director: Presentation of the Employee of the Quarter Award July-September 2011. Gerald Secory, Administrative Services Director, called upon the Commission and Ricky Helms, County Administrator, to come forward to present an award to Mr. Calvin Simmons, recognizing him as employee of the quarter for July through September 2011. See SMB 88 Page 80.

C. Chairman Stewart: Request approval of a Proclamation recognizing November 2011 as “Pancreatic Cancer Awareness Month”. Chairman Stewart read the Proclamation into the record. Public input was received from Ron Layne.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to approve the Proclamation recognizing November 2011 as “Pancreatic Cancer Awareness Month”.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 111.

D. Mr. Rick Hetherton, Heartland Food Reservoir, Inc.: Request approval of a Proclamation recognizing Monday, November 14, 2011 as the “2nd Annual Empty Bowls Luncheon Day”. Mr. Rick Hetherton, Chairman of the Heartland Food Reservoir Board, read the Proclamation into the record and stated that the Empty Bowls Luncheon will take place at the Sebring Civic Center from 11:00 a.m. to 2:00 p.m. on Monday, November 14, 2011.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve the Proclamation.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 112 & SMB 88 Page 81.

6. CONSENT AGENDA: Commissioner Richie requested clarification on item 6C. Commissioner Stewart stated that item 6C would be pulled from the consent agenda and heard under the action agenda.

Commissioner Elwell declared a conflict of interest on item 6A – a payment to Alan Jay, his current employer. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record.

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Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the exception of items 6C and the invoice for Alan Jay Ford.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Harris made a motion and Commissioner Richie seconded the motion, to move to accept the payment of the Alan Jay invoice.

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 November 8, 2011. See Check Report 2011 file for copy of check report and abstention form.

GENERAL FUND 266,483.03 COUNTY TRANSPORT TRUST 19,638.06 FL BOATING IMPROVEMENT 1,958.50 LOCAL GOVT INFRA SURTAX 780.00 TOURIST DEV TRUST FUND 40.98 AFFORDABLE HOUSING ASST 2,900.00 SEBRING PARKWAY MAINT 2,085.00 STATE COURT FACILITIES TF 13,479.22 COURT TECH 28.24 (12) (E) 1 74.90 BUILDING FUND 65.20 SOLID WASTE 213,751.82 PLACID UTILITIES 219.61 HIGHWAY PARK UTILITY 414.16 ENERGY RECOVERY 29,835.71 TAX DEED SURPLUS FUND 561,738.59

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for October 18 and 25, 2011. 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 September 30, 2011. This item will be heard under the action agenda.

D. Request approval of a Roadway Lighting System Maintenance Agreement for FDOT Project ID# 429502-1-52-01, lighting on US 27/US 98/SR 66 along with accompanying Resolution. See FDOT file & Res. Book 24 Page 113.

E. Request approval of the original Executed Deed of Conservation Easement dated January 20, 2004 to be released by South Florida Water Management District (SFWMD) and subsequently the proposed Deed of Conservation Easement to be given to SFWMD by the Board of County Commissioners for the mining of Highlands County Marl Pit site. See SFWMD file.

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7. ACTION: Commissioner Stewart stated that consent agenda item 6C will be heard as item 7B-2.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to set the action agenda, with the addition of item 6C being renumbered as item 7B-2.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Natural Resources Advisory Commission: Request to approve Natural Resources Advisory Commission (NRAC) pursuing the 2012 United States Fish & Wildlife Service (USFWS) Lands Acquisition Grant for 2012. Jimmy Wohl, with the Natural Resources Advisory Commission, presented the request. Public input was received from Dale Pflug, John Nelson, Gabriel Read, John Drennan, and Dick Noel. The Commission addressed their concerns.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve NRAC pursuing the USFWS Lands Acquisition Grant.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 82.

B. Budget Manager:

1. Request approval of Fiscally Constrained Counties Application DR- 420FC with a fiscal impact of $3,464,754.00. Tim Mechling, Budget Manager, presented the request. Public input was received from Dick Noel and Dale Wilson.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to authorize the Chair to sign the Distribution to Fiscally Constrained Counties Application form DR420-FC and the accompanying Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 83.

2. Request to accept into the record the Court-Related and Other Miscellaneous Funds Revenue and Expenditures Summary for the quarter ended September 30, 2011. Tasha Morgan, Director of Accounting for the Clerk of Courts, presented the request.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to accept into the record the summary.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 88 Page 84.

C. County Engineer:

1. Request approval of the Construction Contract between Highlands County and RCS Excavation, Inc. for the Sebring Parkway Phase III relocation of gopher tortoises and Right-of-Way clearing, Project No. 09021 and ITB No. 11-052 in the total amount of $189,720.00.

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Ramon Gavarrete, County Engineer, presented the request. Elius Nortelus, Assistant County Engineer, was present for questions.

Commissioner Richie made a motion and Commissioner Harris seconded the motion, to move to approve and execute the construction contract between Highlands County and RCS Excavation, Inc. for the Sebring Parkway Phase III relocation of gopher tortoises and right-of- way clearing, project no. 09021 and ITB No. 11-052, in the total amount of $189,720.00.

Upon roll call, all Commissioners voted aye. The motion carried. See RCS Excavation, Inc. file.

2. Request approval of the Construction Contract between Highlands County and L. Cobb Construction, Inc. for the College Drive and Memorial Drive Multi-Use Path, Project #04030, ITB No. 11-041 and FDOT FPN: 410277-1-58-01 in the amount of $779,569.22. Ramon Gavarrete, County Engineer, presented the request. Keith Baker, Project Manager with the Engineering Department, was present for questions. Mr. Gavarrete stated that the other issue to consider is the paving of property owners driveways due to the multi-use path and cannot recommend to the Board to pay for the driveways because it would set a precedent. The Commission discussed in great detail the issue of whether or not to pay for the paving of the property owners’ driveways. Commissioner Elwell stated that if the property owners only have one access point, then the County should pay to construct their driveways and that they should waive the driveway permit fee for those who have dual access to their property. Commissioner Stewart questioned how to do this without setting a precedent for future projects.

Public input was received from Greg Hartt, Dick Noel, Ray Royce, and Tonia Marshall.

Commissioner Stewart questioned if the Commission wanted to move forward with the project. Commissioner Elwell, Commissioner Richie, and Commissioner Stewart stated yes. Commissioner Harris stated he was not sure.

Commissioner Richie made a motion and Commissioner Elwell seconded the motion, to move to approve and execute the construction contract between Highlands County and L. Cobb Construction, Inc. for the construction of the College Drive and Memorial Drive Multi- Use Path, project #04030, ITB No. 11-041, and FDOT FPN: 410277-1-58-01, in the amount of $779,569.22; in addition to that, everything on who pays for what on the driveways, be held in abeyance, and staff will be directed to come back with a recommendation as to how that position should be held and the reason why, and handled at a very reasonable time with in the next two months

After discussion, Commissioner Richie withdrew his motion, and made a new motion, to move to approve and execute the construction contract between Highlands County and L. Cobb Construction, Inc. for the construction of the College Drive and Memorial Drive Multi- Use Path, project #04030, ITB No. 11-041, and FDOT FPN: 410277-1-58-01 in the amount of $779,569.22.

The motion died for lack of a second.

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Commissioner Harris questioned if the item could be brought back in two weeks so he can have time to think about the issue. Mr. Gavarrete stated that he would need to ask the contractor if he can hold the price for them.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve and execute the construction contract between Highlands County and L. Cobb Construction, Inc. for the construction of the College Drive and Memorial Drive Multi- Use Path, project #04030, ITB No. 11-041, and FDOT FPN: 410277-1-58-01 in the amount of $779,569.22, with the County paying 50% of the cost of the driveways necessary for this project.

Upon roll call, Commissioner Elwell and Commissioner Harris voted aye; Commissioner Richie and Commissioner Stewart voted nay. The motion failed.

Commissioner Stewart stated that if there are no other motions then the project would die.

Commissioner Elwell made a motion and Commissioner Richie seconded the motion, to move to table this action until the November 22, 2011 meeting.

Upon roll call, all Commissioners voted aye. The motion carried. See L. Cobb Construction, Inc. file.

Commissioner Stewart gave direction to Mr. Gavarrete to get will L. Cobb Construction to see if they will hold the construction price.

D. Board Attorney: No report.

E. Assistant County Administrator: No report.

F. County Administrator: Ricky Helms, County Administrator, addressed the schedule of the events being held for Veterans Day as follows:

Friday, November 11, 2011:

¾ 8:15 a.m. at Memorial Elementary School

¾ 10:00 a.m. at Woodlawn Elementary School

¾ 10:45 a.m. at the South Florida Community College around the flag pole

¾ 2:00 p.m. – Veterans Day Parade

¾ 3:00 p.m. – Ceremony at the Courthouse Lawn

¾ 2:00 – 4:00 p.m. – Tea for Women Veterans at the Lake Placid Women’s Club

Monday, November 14, 2011:

¾ Golden Corral will be serving all veterans and military personnel.

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Mr. Helms informed the Commission that the redistricting issue will come before the Board on November 22, 2011 and reminded them that the November 22, 2011 meeting is the Commission’s reorganizational meeting.

8. CITIZENS NOT ON THE AGENDA

¾ Mr. J. Harry Canfield came before the Board to speak on an issue concerning the Health Department regulations required for an improvement on his home. Commissioner Stewart gave direction to the County Administrator to meet with the Health Department on this issue. See SMB 88 Page 85.

¾ Ms. Billie Hetherton came before the Board to inquire about the Human Services budget. Commissioner Stewart suggested Ms. Hetherton meet with the County Administrator and the Assistant County Administrator. Ms. Hetherton stated that she would rather not meet with either of them but would like to let the Commission know what was going on with that department. Commissioner Elwell thanked Ms. Hetherton for bringing this issue to their attention and stated that the County Administrator would brief them on the issue. Commissioner Stewart gave direction to Ricky Helms, County Administrator, to meet with each Commissioner individually to brief them of any changes or recommendations to the Human Services/Housing Department, so that they can transmit the information back to Ms. Hetherton.

9. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris apologized in advanced for not being able to attend any of the Veteran’s Day festivities as he will be attending a state conference for his other job.

¾ Commissioner Richie: No report.

¾ Commissioner Elwell: Commissioner Elwell commented on the Teen Summit event that he attended over the weekend and requested an update on the Sheriff’s facility. Ricky Helms, County Administrator, briefly stated that they are expecting information from the architect on Wednesday and will follow up with the Board after that meeting takes place.

¾ Commissioner Stewart: Commissioner Stewart addressed the misconception that the Commission has authority over departments and department heads and stated that the only employee that works for the Board is the County Administrator.

10. ADJOURN The meeting adjourned at 12:20 p.m.

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REGULAR MEETING OF THE BOARD, NOVEMBER 22, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell Commissioner Ron Handley

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

This meeting was changed from an evening meeting to a morning meeting and was properly advertised per Florida Statutes. A Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file for copy.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by George Hall, Pastor of the Avon Park Lakes Baptist Church. The Pledge of Allegiance was led by Mr. Rick Ingler, representing the veterans.

3. Election of Chair and Vice-Chair Commissioner Harris nominated Commissioner Elwell as Chairman of the Board. Commissioner Handley seconded the nomination.

Commissioner Elwell nominated Commissioner Richie as Chairman of the Board. Commissioner Stewart passed the gavel to Commissioner Harris, as vice-chair, and seconded the nomination.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to close the nominations. Upon roll call, all Commissioners voted aye. The motion carried.

Each Commissioner voted for a Chairman in written form and their votes were tallied by Ross Macbeth, Board Attorney. Mr. Macbeth read the results into the record and stated that the votes casted by each Commissioner were unanimous to elect Commissioner Richie as Chairman. See SMB 89 Page 1.

Commissioner Stewart passed the gavel to the new Chairman – Commissioner Richie.

Commissioner Handley nominated Commissioner Harris as Vice-Chairman of the Board. Commissioner Stewart seconded the nomination.

Commissioner Harris nominated Commissioner Elwell as Vice-Chairman of the Board. Commissioner Stewart seconded the nomination.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to close the nominations. Upon roll call, all Commissioners voted aye. The motion carried.

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Each Commissioner voted for a Vice-Chairman in written form and their votes were tallied by Ross Macbeth, Board Attorney. Mr. Macbeth read the results into the record and stated that the votes casted by Commissioner Richie, Commissioner Elwell, and Commissioner Harris were to elect Commissioner Elwell as Vice-Chairman; and that the votes casted by Commissioner Stewart and Commissioner Handley were to elect Commissioner Harris as Vice-Chairman. With three votes, Commissioner Elwell was elected as Vice-Chairman. See SMB 89 Page 2.

Chairman Richie presented a plaque to Commissioner Stewart, as outgoing Chairman, and thanked her for her dedication and continuing commitment to the County.

4. ANNOUNCEMENTS

County offices closed November 24-25, 2011 in observance of the Thanksgiving Holiday

A. Other meetings:

¾ The Highlands County Tea Party will meet tonight at 6:00 p.m. at Homer’s Restaurant. Mr. Mike Brennan, with Senator Marco Rubio’s office, will be a guest speaker.

¾ Mike Brennan, Regional Director for Office of U.S. Senator Marco Rubio, stated that they will have open office hours from 12:00 p.m. to 2:00 p.m. in room 251 of the Government Center.

5. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS:

Bob Germaine, Clerk of Courts, stated that the Clerk’s Audit Department has released the Fuel Management and Utilization Follow-up Audit and will be posted on the Clerk’s webpage by 5:00 p.m. today.

Joe Campbell, Supervisor of Elections, advised Chairman Richie that he was now the newest member of the Highlands County Election Canvassing Board and made him aware of a training session in December.

6. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

7. CONSENT AGENDA: Commissioner Elwell questioned item 7F. Harvey Craven, EMS Director, addressed his concerns.

Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve the consent agenda.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits November 22, 2011. See Check Report 2011 file.

GENERAL FUND 234,436.65 COUNTY TRANSPORT TRUST 17,714.35 LOCAL GOVT INFRA SURTAX 199.00

112211REG BOOK 22 PAGE 69

TOURIST DEV TRUST FUND 6,082.89 HURRICANE HOUSING REC PRO 65.00 SEBRING PARKWAY MAINT 2,188.40 STATE COURT FACILITIES TF 85.23 BUILDING FUND 16.06 SOLID WASTE 9,305.98 PLACID UTILITIES 2,536.72 HIGHWAY PARK UTILITY 31.20 ENERGY RECOVERY 22.51 EMPLOYEE BENEFIT FUND 2,162.45

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for November 1 and 8, 2011. See Clerk of Courts website.

C. Request to accept into the record the Constitutional Officer’s Financial Reports for Fiscal Year 2010-2011. See SMB 89 Page 3.

D. Request to accept into the record the Financial Statements and Independent Auditor’s Report for Fiscal Year Ended June 30, 2011 and 2010 for Tri- County Human Services, Inc. See Tri-County Human Services, Inc. file.

E. Request approval of the Fee Schedule and Resolution for FY 11/12. See Res. Book 24 Page 114 & SMB 89 Page 4.

F. Request to remove old EMS accounts from Receivables. See SMB 89 Page 5.

G. Request approval of Resolution & Budget Amendment 10-11-199 to appropriate funds to make final payment to the Highlands Park Special Benefit Fire District – Fund 116 as part of the Impact Fee Fire contribution for Project 06037 – Station 33 with a fiscal impact of $4,446.00. See Budget Amendment 2011 file, Res. Book 24 Page 115 & SMB 89 Page 6.

H. Request approval of Resolution & Budget Amendment 11-12-011 to accept grant funds for the Emergency Food & Shelter Program Grant, Phase 29. See Budget Amendment 2011 file, Res. Book 24 Page 116 & SMB 89 Page 7.

I. Request approval of Budget Amendment 11-12-017 for a Temporary Contractual Position for County Extension with a fiscal impact of $1,600.00. See Budget Amendment 2011 file & SMB 89 Page 8.

8. PUBLIC HEARING: Public Hearing to consider the Redistricting of the Board of County Commissioners’ Districts. Mark Hill, Development Services Director, and Sue Buchans, Planning Supervisor, presented the request. Joe Campbell, Supervisor of Elections, was present for questions. A Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file for copy.

112211REG BOOK 22 PAGE 70

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve and adopt by Resolution 11-12-___, (number to be filled in), the five district blocks and district block groups description changing the boundaries of the existing County Commissioners’ Districts into five districts of contiguous territory as nearly equal in population as practicable, per Chapter 124, Florida Statutes, and transmitting Resolution 11-12-___, (to be filled in), to the Florida Department of State becoming effective as provided by law.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 117 & SMB 89 Page 9. That Redistricting Resolution adopted by the Board of County Commissioners is as follows:

112211REG BOOK 22 PAGE 71

RESOLUTION 11-12-14

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF HIGHLANDS COUNTY, FLORIDA, CHANGING THE BOUNDARIES OF THE EXISTING COUNTY COMMISSIONERS' DISTRICTS; FINDING THAT THE COUNTY COMMISSIONERS' DISTRICTS, AS AMENDED, ARE, AS NEARLY AS PRACTICABLE, EQUAL IN POPULATION; AND HAVING AN EFFECTIVE DATE.

WHEREAS, the Highlands County Board of County Commissioners is required by Section 1 of Article VIII of the Constitution of the State of Florida and Section 124.01, Florida Statutes, to be comprised of members from at least five county commissioners' districts; and

WHEREAS, Section 1 of Article VIII of the Constitution of the State of Florida and Section 124.01, Florida Statutes, require county commissioners' districts to be, as nearly as practicable, equal in population; and

WHEREAS, Section 1 of Article VIII of the Constitution of the State of Florida provides that the Board of County Commissioners shall divide the county into districts of contiguous territory as nearly equal in population as is practicable after each decennial census; and

WHEREAS, the results of the 2010 decennial census are now determined; and

WHEREAS, Section 124.01, Florida Statutes, provides that changes shall be made in the boundaries of county commissioners' districts only in odd-numbered years.

NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Highlands County, Florida, in regular meeting assembled this 22nd day of November, 2011, as follows:

1. The Board of County Commissioners of Highlands County, Florida, has authority to adopt this Resolution pursuant to Section 1 of Article VIII of the Constitution of the State of Florida, and pursuant to Chapter 124, Florida Statutes, and pursuant to its home rule powers expressed in Section 125.01, Florida Statutes.

2. Membership of the Highlands County Board of County Commissioners is and shall be comprised of five members, one from each of five county commissioners' districts.

3. Effective as of the adoption of this Resolution, the boundaries of the county commissioners' districts shall be as follows: a. District 1. The boundaries shall be as described in Exhibit "A" attached hereto and included herein by reference. b. District 2. The boundaries shall be as described in Exhibit "B" attached hereto and included herein by reference. c. District 3. The boundaries shall be as described in Exhibit "C" attached hereto and included herein by reference. d. District 4. The boundaries shall be as described in Exhibit "D" attached hereto and included herein by reference. e. District 5. The boundaries shall be as described in Exhibit "E" attached hereto and included herein by reference.

112211REG BOOK 22 PAGE 72

4. The Board finds that those designated county commissioners' districts have the populations based upon the most recent decennial Federal Census as set forth below and the Board further finds that such districts are, as nearly as practicable, equal in population. a. District 1 – 19,147 b. District 2 – 20,066 c. District 3 – 20,143 d. District 4 – 19,782 e. District 5 – 19,648

5. The Highlands County Board of County Commissioners further finds that, using said Federal Decennial Census figures set forth in paragraph 4, said district boundaries are desirable to coincide with other governmental entities including the Highlands County School Board, congressional districts, state legislative districts, and voting precincts so as to assist members of the public and end confusion.

6. The Highlands County Board of County Commissioners further finds that each incumbent county commissioner continues to reside in the same numbered district both before and after the change in the description of boundaries of county commissioners' districts provided for herein and that the incumbent county commissioners shall serve from the districts set forth below with such term expiring during the year set out beside their name: a. District 1 – Barbara Stewart - 2012. b. District 2 – Don Elwell - 2014. c. District 3 – William Handley - 2012. d. District 4 – Jack Richie - 2014. e. District 5 – Greg Harris - 2012.

7. The area for the revised five commissioner district boundaries shall be as contained in Exhibit “F” and is attached hereto.

8. The Census Bureau uses geographic levels to classify information. The smallest unit with complete information is called a block. Block numbers have 15 digits. These blocks are grouped together into block groups, all of which are located within the same county. Block group numbers have 12 digits. Blocks and block groups are not classified specifically by population, though block groups often contain between 600 and 3,000 people. The County Commission Districts are organized by blocks, and are visually depicted in Exhibit “F”. More information can be found at http://factfinder2.census.gov pertaining to specific blocks, block groups, and the Census.

9. Any provision of this Resolution which is judicially determined or interpreted to affect the residence qualification or term of office of any incumbent member shall be void.

10. This Resolution shall be spread upon the Minutes of the Board of County Commissioners of Highlands County, Florida, and shall be recorded in the office of the Clerk of the Circuit Court, and a certified copy thereof shall be published at least once a week for two consecutive weeks in a newspaper published in Highlands County, Florida, within 30 days after the adoption of the Resolution, and proof of such publication shall be

112211REG BOOK 22 PAGE 73

112211REG BOOK 22 PAGE 74

Exhibit "A"

DISTRICT 1 120559601021030 120559601021063 BLOCK GROUPS 120559601021039 120559601021016 120559602001 120559601021057 120559601021024 120559602002 120559601021061 120559601021048 120559603001 120559601021059 120559601021070 120559604002 120559601021077 120559601021020 120559604003 120559601021055 120559601021042 120559604004 120559601021041 120559601011030 120559604001 120559601021005 120559601021018 120559602004 120559601021078 120559601021000 120559602003 120559601021118 120559601021053 120559603002 120559601021026 120559601021054 120559603003 120559601021029 120559601021091 120559603005 120559601021028 120559601021004 120559603004 120559601021074 120559601021031 120559601033 120559601021027 120559601021035 120559605011 120559601021013 120559601021037 DISTRICT 1 120559601011088 120559601021058 BLOCKS 120559601021069 120559601021043 120559601021046 120559601021095 120559601021052 120559601021120 120559601021064 120559601021049 120559601021066 120559601021092 120559601021007 120559601021075 120559601021065 120559601021032 120559601021025 120559601021067 120559601021036 120559601011083 120559601021002 120559601021056 120559601021033 120559601011040 120559601021076 120559601021051 120559601021034 120559601021003 120559601021090 120559601021047 120559601021114 120559601021060 120559605023028 120559605023000 120559601021050 120559601021068 120559601021008 120559601021094 120559601021119 120559601031009 120559601021001 120559601021044 120559601031015 120559601021079 120559601021010 120559601031016 120559601021045 120559601011039 120559601031006 120559601011089 120559601021014 120559601031018 120559601011042 120559601021009 120559601031011 120559601021062 120559601021006 120559601031012 120559601021071 120559601021011 120559601031026 120559601021073 120559601021015 120559601031002 120559601011041 120559601021017 120559601031017 120559601021093 120559601021022 120559601031014 120559601021040 120559601021012 120559601031013 120559601021021 120559601021038 120559601021023 120559601021019

112211REG BOOK 22 PAGE 75

Exhibit "B"

DISTRICT 2 120559601011110 120559612003063 BLOCK GROUPS 120559601011006 120559612004003 120559615005 120559615002032 120559609001003 120559615001 120559615002001 120559615002003 120559802001 120559612003000 120559612003005 120559610003 120559612003065 120559607003023 120559610002 120559612003054 120559607003044 120559612002 120559612003086 120559607003046 120559601012 120559612003089 120559607003051 120559801001 120559612003010 120559612001017 120559610001 120559612003157 120559601011055 120559601032 120559615002075 120559601011056 DISTRICT 2 120559615002027 120559601011023 BLOCKS 120559615002029 120559615003005 120559601021072 120559617004046 120559612004059 120559601021084 120559612003011 120559612003150 120559601011027 120559612003001 120559607003042 120559601011029 120559601034025 120559607003001 120559601021089 120559615002021 120559612003020 120559601021097 120559615002063 120559612003070 120559601011075 120559607003009 120559612003014 120559601011032 120559612003145 120559601034009 120559601011031 120559615002004 120559601021107 120559601021081 120559612003180 120559612004000 120559601011028 120559612003019 120559609001065 120559601011077 120559612003004 120559612004011 120559601021083 120559601034003 120559617004044 120559601011033 120559601021112 120559612001026 120559601011082 120559615002053 120559612004024 120559601021080 120559615002016 120559612004069 120559601021096 120559612004005 120559612004006 120559601011038 120559612003144 120559612004002 120559601021088 120559601011109 120559612003125 120559601021086 120559601011025 120559612003072 120559601021082 120559601011105 120559612003136 120559601011076 120559601011072 120559615002043 120559615002040 120559601011079 120559617004016 120559601011052 120559612003052 120559612003075 120559601011016 120559612003051 120559612004039 120559601011053 120559612003088 120559612004031 120559615002052 120559612003025 120559612001019 120559615002014 120559612001056 120559612003153 120559615003004 120559615002023 120559617004022 120559615003016 120559601011097 120559612004057 120559612004043 120559601034011 120559607003007 120559607003035 120559612003061 120559607001000 120559612004060 120559607003032 120559609002027 120559601031007 120559612003156 120559607003048

112211REG BOOK 22 PAGE 76

120559607003052 120559612003049 120559612004017 120559612003129 120559612003081 120559612003155 120559612003128 120559612003017 120559612003107 120559612004029 120559612003007 120559612003050 120559612003121 120559601021115 120559612003082 120559615002005 120559601034007 120559612003093 120559615002020 120559612003012 120559609001026 120559615002009 120559612003009 120559601011098 120559615002028 120559612003108 120559615002049 120559607003013 120559609001000 120559612003027 120559612004050 120559612003092 120559612004020 120559612003166 120559601011067 120559612001021 120559612003179 120559615002073 120559612004044 120559612003146 120559612003062 120559615002056 120559612003111 120559612003015 120559612004013 120559612004032 120559612003006 120559607003003 120559607003004 120559601011013 120559612004064 120559612003154 120559601011050 120559612004014 120559615003014 120559601011043 120559601021111 120559615003015 120559609002030 120559601011099 120559617004042 120559612004040 120559601034039 120559615002002 120559615002042 120559601034028 120559612003134 120559601031010 120559601011090 120559612003142 120559615002044 120559601011104 120559617004047 120559615002036 120559601011103 120559615002039 120559615002006 120559601011102 120559611003048 120559612003138 120559617004040 120559615003012 120559609002005 120559617004020 120559612001027 120559612003115 120559615002046 120559612001018 120559601011068 120559612003177 120559612003178 120559601021104 120559612003171 120559612003022 120559601011036 120559612003152 120559601011011 120559615003010 120559607003010 120559601011021 120559615002074 120559607003041 120559601011060 120559612003064 120559617004024 120559617004011 120559607003028 120559615003000 120559617004013 120559612003021 120559617004005 120559615003042 120559612004021 120559601011070 120559615003011 120559612004067 120559601011091 120559612003116 120559601011020 120559601011108 120559612003148 120559601011080 120559612003023 120559612003173 120559601034002 120559607003029 120559607003027 120559615002033 120559612003167 120559612004004 120559615002019 120559612003057 120559612004036 120559615002013 120559612003123 120559612004033 120559617004019 120559607003019 120559612001028 120559615002034 120559607003000 120559617004004 120559607003012 120559615002059 120559612003053 120559609002006 120559607003015 120559612004012 120559607003045 120559609002002

112211REG BOOK 22 PAGE 77

120559607003056 120559612003131 120559601011054 120559607003049 120559612004058 120559601011051 120559607003050 120559612004015 120559601011046 120559615003008 120559607003014 120559601011058 120559612003091 120559612003109 120559615002071 120559612004007 120559612003170 120559615002072 120559615002031 120559601021085 120559601031022 120559615003007 120559601011022 120559612003056 120559612003113 120559601031008 120559612003077 120559607003006 120559601011064 120559612003008 120559612004025 120559601034004 120559609001023 120559612004062 120559601034029 120559601011015 120559612004066 120559601011095 120559601021101 120559615002047 120559615002062 120559612003163 120559601034040 120559617004010 120559612003162 120559601021105 120559615002051 120559617004043 120559601021098 120559615002066 120559612004035 120559612003147 120559612004022 120559612003073 120559607003022 120559601011084 120559612001029 120559607003002 120559612003079 120559601011045 120559612003112 120559612003080 120559601011066 120559609002007 120559612003059 120559601021099 120559601011008 120559612003024 120559601021106 120559615002037 120559612003067 120559601034012 120559615002061 120559601011009 120559617004003 120559601011061 120559601011062 120559615002057 120559617004001 120559601011044 120559601011059 120559612003132 120559601021110 120559601011000 120559609002024 120559615002007 120559612003071 120559612004053 120559612003126 120559607003040 120559607003055 120559612003114 120559612003016 120559612003159 120559612004042 120559612001023 120559615002022 120559612004049 120559612004023 120559615002015 120559612003133 120559612003118 120559607003039 120559607003017 120559612004047 120559601011002 120559615002011 120559612004046 120559601011019 120559612004054 120559617004021 120559617004045 120559612003137 120559615002008 120559615002058 120559612001022 120559615002024 120559615003009 120559612003143 120559612003084 120559612003029 120559609002025 120559612003003 120559612003026 120559612003122 120559609001024 120559612004008 120559612003151 120559609001022 120559615002000 120559612003174 120559601011007 120559609001002 120559612004048 120559615003006 120559612001020 120559601021100 120559612003130 120559607003005 120559601031020 120559601011081 120559607003008 120559615002010 120559601021113 120559612003165 120559617004050 120559601031021 120559612003028 120559615002060 120559601031027

112211REG BOOK 22 PAGE 78

120559601034008 120559601011049 120559601021116 120559601021109 120559601011047 120559601011024 120559601034030 120559615002017 120559601011034 120559601011101 120559615002026 120559601011017 120559601011106 120559612003048 120559601011003 120559601011012 120559612003095 120559615002050 120559615002048 120559612003069 120559615002076 120559615002054 120559601031025 120559612003078 120559615002055 120559601011035 120559601011037 120559601034005 120559601021108 120559615002070 120559612003090 120559601011092 120559601034001 120559612003094 120559615002064 120559601011086 120559609001025 120559615002065 120559601011087 120559607003033 120559612003141 120559601011096 120559612003083 120559609002012 120559601034023 120559612003018 120559607003047 120559601034027 120559612003002 120559607003043 120559601031005 120559612003013 120559607003063 120559601031024 120559612003161 120559607003062 120559601034000 120559609002008 120559612003175 120559612003164 120559607003021 120559601031023 120559612003068 120559617004006 120559601021117 120559612003076 120559615002025 120559601034042 120559609002003 120559617004025 120559601034043 120559609001001 120559617004052 120559601034041 120559607003018 120559617004007 120559601011026 120559617004048 120559617004002 120559615002030 120559617004000 120559612003139 120559617004051 120559607003025 120559607003060 120559612003110 120559612004037 120559612003058 120559601011018 120559612004061 120559612003127 120559615003013 120559612003135 120559601011071 120559617004009 120559612003168 120559617004014 120559617004012 120559601011001 120559615003002 120559617004023 120559615002041 120559617004008 120559612003172 120559607001001 120559601031001 120559612004045 120559609002004 120559601034006 120559612003169 120559612003066 120559601021087 120559612003149 120559612003074 120559601031004 120559601021103 120559601011078 120559612003124 120559601011073 120559617004041 120559612004026 120559601011069 120559615002045 120559617004039 120559615002038 120559609001021 120559612003117 120559617004018 120559612004018 120559607003011 120559612003140 120559612004016 120559609002023 120559612004056 120559607003016 120559601011048 120559609002000 120559612004009 120559601011074 120559607003024 120559612004051 120559601011005 120559607003030 120559612004052 120559601011014 120559601034044 120559612001025 120559601034013 120559601034015 120559612003060

112211REG BOOK 22 PAGE 79

120559612003120 120559601011093 120559609001009 120559612003158 120559601011004 120559609001013 120559612004034 120559601031019 120559612003102 120559612004038 120559601021102 120559612003101 120559612004063 120559601034045 120559609002051 120559615003001 120559611003019 120559611003007 120559615003003 120559611002018 120559609001015 120559615002012 120559612003033 120559607001010 120559607003034 120559609001006 120559601034031 120559612004041 120559609002009 120559601034021 120559607003031 120559609001017 120559612003103 120559612004019 120559609002018 120559609002057 120559615002018 120559612001054 120559609002050 120559607003020 120559611002027 120559601034018 120559612003087 120559611002021 120559611003036 120559612003055 120559607001003 120559611002025 120559612003085 120559609002056 120559612003031 120559601011100 120559609001007 120559601034038 120559601011094 120559609001008 120559609002059 120559612003119 120559611002026 120559609001005 120559607001002 120559611003005 120559609002017 120559612004030 120559612003038 120559609001064 120559612003160 120559601034019 120559612001001 120559612004065 120559607001007 120559611003038 120559601034026 120559609001020 120559609001018 120559601011057 120559609002061 120559611003024 120559601011065 120559609002010 120559607001006 120559601011010 120559607001005 120559609001014 120559612004010 120559612003096 120559609001045 120559615002035 120559607001004 120559609001004 120559612004068 120559609002053 120559612003100 120559612004001 120559609002015 120559609002067 120559609002001 120559609002013 120559612001002 120559612001024 120559609002052 120559609001011 120559612004027 120559611003023 120559609002062 120559612004028 120559612003098 120559609001012 120559601034010 120559609001010 120559607001030 120559601034022 120559609002035 120559609002038 120559601011085 120559609002026 120559611003013 120559601011107 120559612003099 120559607001009 120559601034014 120559612003097 120559611003037 120559601011063 120559611003020 120559615003020 120559601031000 120559609001016 120559615003026 120559601031003 120559609001019

112211REG BOOK 22 PAGE 80

Exhibit "C"

DISTRICT 3 120559612003046 120559611003014 BLOCK GROUPS 120559605023075 120559609002041 120559605022 120559613012011 120559607001028 120559607002 120559607003057 120559611003021 120559609003 120559607001054 120559609002037 120559608001 120559609001042 120559609002055 120559608002 120559605023012 120559609002028 120559608003 120559605023030 120559611003039 120559611001 120559605023050 120559612003030 120559605021 120559605023156 120559612003040 DISTRICT 3 120559605023093 120559613012025 BLOCKS 120559605023085 120559613021098 120559607003026 120559613021009 120559609002043 120559612004055 120559613021029 120559613021006 120559607003064 120559613021037 120559612003043 120559611003044 120559609001061 120559612001012 120559607003059 120559606025059 120559611003027 120559610002008 120559607001037 120559611003041 120559607003036 120559605023039 120559612001015 120559607003037 120559609001051 120559612001036 120559601034037 120559609002029 120559612001034 120559607003058 120559611003004 120559612001030 120559601034024 120559612001003 120559611002013 120559611002016 120559611003042 120559609001038 120559611003017 120559611003031 120559605023066 120559611003006 120559612001014 120559605023009 120559611002014 120559612001008 120559605023131 120559613021025 120559611003030 120559605023123 120559605023029 120559613023005 120559605023007 120559605023042 120559613023008 120559607001041 120559609001052 120559609001058 120559611003011 120559613012012 120559612001007 120559612001011 120559605023025 120559612001038 120559611003025 120559609002021 120559612001042 120559609001053 120559611002004 120559609001036 120559612001032 120559605023097 120559607001047 120559612001046 120559607001012 120559609002031 120559612001047 120559609001055 120559612003045 120559613012006 120559609001057 120559607001032 120559611002008 120559607001035 120559607001059 120559612003032 120559612001000 120559611002006 120559605023054 120559605023122 120559613012001 120559605023065 120559605023079 120559609001032 120559605023119 120559606011001 120559612001005 120559612003035 120559607001048 120559607003053 120559613012069 120559612003037 120559607001060 120559610002081 120559607001038 120559607001017 120559609001066 120559607001008 120559607001016 120559605023067

112211REG BOOK 22 PAGE 81

120559605023011 120559607001014 120559609002060 120559605023027 120559607001034 120559612001009 120559605023032 120559607001044 120559606025009 120559605023137 120559609002047 120559612001044 120559605023116 120559609001047 120559612003047 120559605023138 120559613023003 120559607001056 120559611002007 120559605023063 120559611003015 120559605023084 120559605023082 120559609002022 120559605023021 120559605023010 120559606011002 120559605023026 120559605023147 120559609002054 120559605023018 120559609002039 120559609002049 120559605023024 120559609001033 120559611003002 120559605023108 120559609001056 120559611003003 120559605023076 120559607001031 120559611003012 120559609001041 120559609002063 120559611002000 120559613023011 120559611003040 120559611002017 120559611003032 120559612003034 120559609002046 120559612001052 120559601034034 120559609001029 120559607001039 120559605023090 120559612001033 120559605023105 120559605023034 120559612001045 120559605023120 120559605023038 120559611002003 120559605023055 120559605023153 120559612001031 120559605023059 120559607001050 120559612001050 120559605023140 120559607003038 120559607001011 120559605023099 120559607001024 120559607001015 120559605023146 120559611003016 120559612003106 120559609001040 120559607001063 120559613021002 120559613012002 120559612001053 120559605023152 120559611002011 120559611003008 120559605023129 120559609002020 120559612003044 120559601034036 120559613012008 120559609002032 120559605023052 120559611002019 120559605023033 120559605023095 120559607001026 120559605023041 120559605023057 120559607001053 120559605023045 120559605023124 120559607001052 120559605023046 120559605023139 120559609001027 120559612001055 120559605023145 120559611002012 120559606025052 120559607001055 120559609002019 120559613021035 120559607001021 120559607001022 120559613021100 120559613021093 120559613012004 120559613021000 120559605023037 120559601034035 120559605023001 120559605023008 120559605023109 120559609002064 120559605023013 120559601034017 120559609002036 120559609002065 120559609002034 120559611003000 120559607003061 120559605023036 120559609001049 120559609002016 120559605023111 120559613021104 120559607001036 120559605023128 120559612003105 120559607001020 120559609001059 120559612003041 120559607001045 120559605023087 120559609001044 120559607001019 120559606025025 120559609002044 120559607001057 120559609001030 120559605023060 120559613012005

112211REG BOOK 22 PAGE 82

120559613012010 120559605023074 120559601034033 120559606011000 120559601034032 120559605023102 120559605023136 120559605023107 120559605023154 120559605023142 120559605023017 120559605023086 120559605023031 120559605023106 120559605023064 120559605023115 120559605023070 120559605023121 120559605023083 120559607001062 120559605023014 120559605023151 120559613021004 120559609002033 120559605023114 120559609001031 120559606011097 120559605023155 120559605023023 120559613021105 120559611003045 120559605023020 120559611003034 120559612001010 120559605023104 120559611003009 120559611003029 120559605023100 120559605023078 120559612001013 120559613012007 120559605023081 120559612001039 120559605023004 120559605023148 120559612001040 120559605023015 120559605023149 120559611003028 120559605023016 120559605023077 120559612001043 120559605023053 120559611002010 120559605023043 120559605023110 120559607001029 120559609001050 120559605023098 120559612001037 120559605023096 120559611002015 120559607001058 120559611002023 120559611003010 120559609001028 120559606025013 120559607001023 120559606025062 120559609001060 120559605023126 120559605023048 120559609001063 120559605023125 120559605023101 120559613021101 120559605023113 120559612001004 120559613023006 120559605023133 120559612001006 120559605023068 120559609001062 120559611003049 120559605023118 120559609001037 120559612001016 120559605023069 120559607001049 120559612001041 120559605023072 120559611003035 120559612001048 120559605023103 120559611003047 120559613012000 120559605023092 120559605023134 120559606025058 120559605023044 120559611002001 120559606025061 120559605023047 120559611002009 120559605023112 120559605023061 120559605023073 120559613012009 120559605023089 120559605023005 120559605023144 120559605023071 120559605023130 120559605023150 120559605023091 120559605023006 120559613012027 120559611002022 120559609001046 120559611002005 120559612001051 120559611003046 120559611003033 120559607001025 120559607001051 120559607001046 120559605023143 120559605023051 120559609002048 120559609002011 120559605023019 120559611003001 120559607001061 120559612003039 120559607001040 120559607001043 120559609002040 120559607001018 120559609002014 120559611003018 120559609001043 120559611003022 120559607003054 120559610002010 120559613021040 120559607001042 120559611002020 120559612003042 120559609002066 120559612003036 120559605023003 120559605023080 120559607001027

112211REG BOOK 22 PAGE 83

120559607001013 120559613023047 120559613024012 120559609001054 120559606025022 120559606022001 120559612003104 120559613021071 120559606025001 120559601034020 120559613022002 120559606025019 120559605023141 120559613023014 120559613021076 120559605023058 120559613021075 120559613024002 120559605023049 120559606022006 120559613023046 120559605023035 120559606022021 120559613012013 120559605023040 120559606025003 120559613012020 120559605023088 120559606025008 120559613023065 120559605023157 120559613023027 120559606025010 120559605023094 120559606025049 120559606011099 120559611003026 120559606025017 120559606025023 120559611003043 120559606025024 120559606025005 120559609002045 120559606025054 120559613023025 120559609001048 120559613023001 120559613023054 120559612001035 120559606025012 120559613012014 120559612001049 120559606011101 120559613011151 120559613012003 120559606025057 120559613023015 120559611002002 120559613021072 120559613021094 120559611002024 120559606025004 120559613022009 120559612003176 120559606025053 120559613024004 120559606011019 120559606025050 120559606025002 120559613023004 120559606011092 120559606025027 120559613023000 120559606022005 120559613024015 120559613021103 120559606022000 120559606025018 120559613021042 120559606025055 120559606025006 120559609002058 120559613022001 120559606011029 120559609002068 120559613023077 120559613021065 120559609001034 120559613023080 120559606022004 120559609002042 120559613023069 120559606011030 120559609001039 120559613024006 120559613023033 120559609001035 120559613022000 120559606025016 120559607001033 120559606025020 120559613021087 120559606011098 120559606025060 120559613012026 120559605023135 120559606025015 120559613023030 120559601034016 120559606025026 120559606011028 120559605023062 120559606025007 120559606025030 120559605023132 120559613023017 120559613023061 120559605023117 120559613021091 120559606025051 120559605023127 120559613023032 120559606011031 120559605023002 120559606025029 120559613023053 120559605023022 120559613023028 120559606011100 120559613021066 120559613023060 120559606025056 120559613024009 120559613024008 120559606025000 120559613021074 120559613024005 120559613012015 120559613023067 120559613023036 120559606025021 120559613022004 120559606025028 120559606025014 120559613024007 120559606025011 120559613023050

112211REG BOOK 22 PAGE 84

Exhibit "D"

DISTRICT 4 120559616021109 120559614002020 BLOCK GROUPS 120559615003035 120559614002027 120559617002 120559617004034 120559614002006 120559615004 120559617004028 120559616021104 120559616032 120559616021144 120559616021099 120559614004 120559616021193 120559616021041 120559614003 120559616021078 120559616021066 120559616034 120559617004017 120559616021102 120559617001 120559616021008 120559616021088 120559616011 120559616021076 120559616021007 120559617003 120559616021014 120559615003038 120559616033 120559614002019 120559616021046 120559616031 120559616021071 120559616021039 120559617005 120559616021040 120559616021176 DISTRICT 4 120559615003040 120559616021056 BLOCKS 120559614002003 120559616021117 120559615002067 120559616021093 120559616021164 120559615002068 120559614002013 120559616021163 120559615003022 120559616021106 120559616021157 120559616021095 120559616021072 120559616021083 120559614002034 120559616021111 120559616021094 120559615003031 120559614002012 120559616021122 120559614002015 120559614002031 120559617004037 120559616021017 120559617004033 120559617004049 120559614002011 120559616021147 120559616021141 120559616021012 120559616021081 120559616021139 120559616021022 120559614002023 120559616021132 120559616021177 120559614002030 120559616021137 120559616021054 120559614002004 120559617004055 120559616021167 120559616021037 120559616021077 120559616021126 120559616021057 120559617004015 120559616021019 120559616021180 120559616021080 120559616021024 120559616021061 120559616021110 120559616021143 120559616021025 120559616021169 120559616021068 120559614002008 120559616021034 120559616021035 120559616021036 120559616021187 120559616021043 120559616021181 120559616021018 120559616021194 120559616021160 120559616021049 120559616021190 120559616021044 120559616021027 120559616021186 120559617004032 120559616021168 120559616021116 120559617004035 120559616021170 120559616021115 120559617004027 120559616021154 120559616021171 120559616021092 120559616021123 120559616021172 120559616021033 120559616021159 120559616021063 120559614002033 120559614002010 120559616021165 120559616021085 120559616021073 120559617004031 120559616021087 120559616021091 120559616021188 120559616021045 120559616021058

112211REG BOOK 22 PAGE 85

120559616021131 120559616021029 120559616021153 120559616021075 120559616021162 120559616021152 120559616021098 120559616021161 120559616021011 120559615003029 120559615002069 120559614002009 120559616021074 120559615003017 120559615003032 120559616021079 120559616021032 120559616021065 120559614002037 120559616021174 120559615003030 120559616021107 120559616021150 120559615003028 120559616021053 120559616021055 120559614002005 120559614002016 120559616021020 120559615003039 120559614002007 120559616021062 120559617004036 120559616021097 120559616021189 120559615003021 120559617004030 120559616021113 120559616021103 120559617004029 120559616021028 120559616021016 120559616021183 120559616021158 120559615003019 120559614002029 120559614002036 120559615003024 120559615003037 120559616021191 120559615003027 120559616021201 120559616021149 120559615003036 120559616021108 120559616021151 120559616021196 120559615003025 120559616021138 120559616021184 120559615003033 120559616021130 120559616021179 120559616021067 120559616021134 120559616021166 120559614002018 120559616021135 120559616021051 120559616021096 120559616021129 120559616021156 120559616021082 120559616021015 120559616021064 120559614002014 120559615003041 120559616021197 120559616021084 120559616021125 120559616021128 120559616021198 120559616021133 120559616021136 120559616021100 120559617004038 120559616021140 120559616021048 120559616021038 120559615003034 120559616021146 120559616021052 120559614002032 120559616021101 120559616021182 120559616021195 120559616021031 120559616021127 120559616021200 120559616021145 120559616021121 120559616021060 120559616021148 120559616021023 120559614002017 120559614002028 120559616021042 120559614002035 120559616021090 120559616021118 120559616021086 120559614002038 120559616021120 120559615003023 120559614002024 120559616021175 120559614002025 120559616021013 120559616021142 120559616021105 120559616021173 120559616021030 120559614001074 120559616021026 120559617004054 120559616021112 120559616021119 120559617004026 120559615003018 120559616021009 120559616021124 120559614002022 120559616021185 120559616021010 120559614002021 120559616021114 120559616021192 120559616021089 120559616021021 120559616021047 120559616021070 120559616021155 120559616021178 120559614002026 120559616021050 120559616021059

112211REG BOOK 22 PAGE 86

Exhibit “E”

DISTRICT 5 120559606011022 120559606011084 BLOCK GROUPS 120559613021054 120559606011025 120559613013 120559613021030 120559606011050 120559606024 120559606011005 120559606011038 120559606023 120559606011079 120559613021028 120559800001 120559606011058 120559606011089 120559606021 120559606011026 120559606011087 DISTRICT 5 120559606011009 120559606011015 BLOCKS 120559606011034 120559606011016 120559606011023 120559606011063 120559614001003 120559606011014 120559606011075 120559614001040 120559606011047 120559606011055 120559614001044 120559606011074 120559606011053 120559614001042 120559606011073 120559606011056 120559614001031 120559606011081 120559606011039 120559614001034 120559606011094 120559613021099 120559613024030 120559606011070 120559606011052 120559613023040 120559606011049 120559606011051 120559613012057 120559606011057 120559613023007 120559613012062 120559606011037 120559613012019 120559613012055 120559606011076 120559606011069 120559613011024 120559606011077 120559606011096 120559614001043 120559606011011 120559613021001 120559614001020 120559606011048 120559606011040 120559613023056 120559606011054 120559606011042 120559613023058 120559606011008 120559606011088 120559613021082 120559606011086 120559613021102 120559614001023 120559606011080 120559606011061 120559614001024 120559606011041 120559606011071 120559613011056 120559606011072 120559606011093 120559613011017 120559606011007 120559606011024 120559613023012 120559613021005 120559606011091 120559613022047 120559606011065 120559606011044 120559613021085 120559606011045 120559606011021 120559613011074 120559606011067 120559606011060 120559613024021 120559606011006 120559606011027 120559613011134 120559606011035 120559606011043 120559614001056 120559606011085 120559606011090 120559613023066 120559613021097 120559606011082 120559614001022 120559606011018 120559606011036 120559613022046 120559606011062 120559606011064 120559613023062 120559606011083 120559606011078 120559613021081 120559606011066 120559606011017 120559613011092 120559606011003 120559613021045 120559614001027 120559606011020 120559606011013 120559613011062 120559606011068 120559606011012 120559614001059 120559606011004 120559606011059 120559613022003 120559606011095 120559606011010 120559613024010 120559606011046

112211REG BOOK 22 PAGE 87

120559613023049 120559613022035 120559613012046 120559613011070 120559613021090 120559613011041 120559613023020 120559613011162 120559605023056 120559613011063 120559613011096 120559616021004 120559613021079 120559613011082 120559614001063 120559606025032 120559613011148 120559613011039 120559613012049 120559613011144 120559613011061 120559613011000 120559613022049 120559613011068 120559613023082 120559613022036 120559613011067 120559613023002 120559613022038 120559613011118 120559613022016 120559613022057 120559613011116 120559613011080 120559613021053 120559613011095 120559613021069 120559613012018 120559613011137 120559614001030 120559606025039 120559613022031 120559614001005 120559613021022 120559613022020 120559614001011 120559613011007 120559613022019 120559613011033 120559613022052 120559613022027 120559613024059 120559613024045 120559613022039 120559613021036 120559613021043 120559613022056 120559613011057 120559613012068 120559614001072 120559613011054 120559613012065 120559606022002 120559613023081 120559613023079 120559614002000 120559613024019 120559613021020 120559613023071 120559614001000 120559614001064 120559613021089 120559614001025 120559614001049 120559613011153 120559613011055 120559606025046 120559613012061 120559613023057 120559613011078 120559613012059 120559613022033 120559606025044 120559606025041 120559613023041 120559613022040 120559613023013 120559613012032 120559613021008 120559613022041 120559606022010 120559613024051 120559613021033 120559613023019 120559613011126 120559613011060 120559606022007 120559613024027 120559613012016 120559613022024 120559613024043 120559613012021 120559613011019 120559613011015 120559613012036 120559613011026 120559606022018 120559613012039 120559614001036 120559614001021 120559613012051 120559606022013 120559614001070 120559613012047 120559606022014 120559613011111 120559613023059 120559613021013 120559613023037 120559613011013 120559613012045 120559613023043 120559613011065 120559613012056 120559613023045 120559613011093 120559613011038 120559613021063 120559613022034 120559613011043 120559613021067 120559613011086 120559613011059 120559614001033 120559613011112 120559613011071 120559613021011 120559613011110 120559613011094 120559613012017 120559613011113 120559614001050 120559613021050 120559613011141 120559613021058 120559613012038 120559613011138 120559613023009 120559613023052 120559613011131

112211REG BOOK 22 PAGE 88

120559613011104 120559613011124 120559613024022 120559614002001 120559614001073 120559613024033 120559614001047 120559613011106 120559613024024 120559614001018 120559613024039 120559613024042 120559613011117 120559613024035 120559613024047 120559613023039 120559613024060 120559613011091 120559613021062 120559613011107 120559613011090 120559613011002 120559613011008 120559613011089 120559613024018 120559613011027 120559606022012 120559613022022 120559613012031 120559613024014 120559613022007 120559614001029 120559613022006 120559613022059 120559616021006 120559613022054 120559613012028 120559613022005 120559613011135 120559613024049 120559613011101 120559613022017 120559613024055 120559613011051 120559613011128 120559613024048 120559613024032 120559613021095 120559613012063 120559613024023 120559613024003 120559613012052 120559613024062 120559614001006 120559613023010 120559613011154 120559614001008 120559613022058 120559613011011 120559613022044 120559614001004 120559613011018 120559613024034 120559613021024 120559613023075 120559613024040 120559613021056 120559613023022 120559613011004 120559613023072 120559613024057 120559613011049 120559613024052 120559613021016 120559613023038 120559613021064 120559613011108 120559613012042 120559613012022 120559613023048 120559613012041 120559613011047 120559613023026 120559613011010 120559614001017 120559613023034 120559613011040 120559613024031 120559613021092 120559613011069 120559606025048 120559613021068 120559613011050 120559613011100 120559613021070 120559613011077 120559613023076 120559606025042 120559613011161 120559613023070 120559613011034 120559613011163 120559614001065 120559613021032 120559613011087 120559606011032 120559606025040 120559613011129 120559613021044 120559613023029 120559613022029 120559614001038 120559613012060 120559613022032 120559613011048 120559613011023 120559614001010 120559613011032 120559606025033 120559614001048 120559613011142 120559613021015 120559613021023 120559614001062 120559613021019 120559613021014 120559614001015 120559613011036 120559613011005 120559613024017 120559614001055 120559613021083 120559613023063 120559613021078 120559613021039 120559614001002 120559613022015 120559613023031 120559614001041 120559613011133 120559613012029 120559614001061 120559613024053 120559613012030 120559613011119 120559613022053 120559613012033 120559613022011 120559606011033 120559613012048

112211REG BOOK 22 PAGE 89

120559613012044 120559613011085 120559613022014 120559613012050 120559613011130 120559613011122 120559613021034 120559614002002 120559613024058 120559613011045 120559616021069 120559613023035 120559613011072 120559613012024 120559613021077 120559613011123 120559613023016 120559613024011 120559614001035 120559613012058 120559614001019 120559614001071 120559613012054 120559614001051 120559614001039 120559613021086 120559614001014 120559614001054 120559613024050 120559613011031 120559614001045 120559613024054 120559613011152 120559614001057 120559613011064 120559613023073 120559614001007 120559613022008 120559613021088 120559606022015 120559613023064 120559613024020 120559606022008 120559613023042 120559613024061 120559606022020 120559613023024 120559613011042 120559606022003 120559614001058 120559614001066 120559613011088 120559614001067 120559606025043 120559613011083 120559613011098 120559606025035 120559613024001 120559613011146 120559606025036 120559613011021 120559613022028 120559616021199 120559613022013 120559613022037 120559613023055 120559614001012 120559613022045 120559614001069 120559613023018 120559613021061 120559614001053 120559613011115 120559613021031 120559613011020 120559613011140 120559613021038 120559613024038 120559613011139 120559613012066 120559613021048 120559613011147 120559613011006 120559613021041 120559613011102 120559613011025 120559613024044 120559613022030 120559613021003 120559613021049 120559613022048 120559613011099 120559606025037 120559613022055 120559613011155 120559616021005 120559613011058 120559613011052 120559613011029 120559613024056 120559613021007 120559613011109 120559613024025 120559613024000 120559613022012 120559613021046 120559613023044 120559613022050 120559613011014 120559614001037 120559614001013 120559614001016 120559616021003 120559614001032 120559614001028 120559613022025 120559613021010 120559613011156 120559613021080 120559613021021 120559613011012 120559613023051 120559613011037 120559613021018 120559613021026 120559613011046 120559613012037 120559613021027 120559613012023 120559613012034 120559606025045 120559613012035 120559613012043 120559606025038 120559613012040 120559613011044 120559613021073 120559614001046 120559613011076 120559613023074 120559614001009 120559613011157 120559613022043 120559614001052 120559613011159 120559616021000 120559614001068 120559613011079 120559613021084 120559614001060

112211REG BOOK 22 PAGE 90

120559616021001 120559613011143 120559613024026 120559613011127 120559613011132 120559613021060 120559613023021 120559613011145 120559613021047 120559613011136 120559613011150 120559613021055 120559613011097 120559613024013 120559613011120 120559613011164 120559613022021 120559614001026 120559606025031 120559613021059 120559606022011 120559613021057 120559613024028 120559613021012 120559613011030 120559613011028 120559613021017 120559606025034 120559606022017 120559613011035 120559613021052 120559616021002 120559613023023 120559613011022 120559614001001 120559613012067 120559613011009 120559613011053 120559613024036 120559613023078 120559613011066 120559613024041 120559606022016 120559613011125 120559613024046 120559606022009 120559613024029 120559613022010 120559606022019 120559613011158 120559613012064 120559613011003 120559613011114 120559613012053 120559613011149 120559613011103 120559613011001 120559613011073 120559613024016 120559613023068 120559613011075 120559613022018 120559613021051 120559613011121 120559613022026 120559613022023 120559613011081 120559613022060 120559613021096 120559613011016 120559613022051 120559613011160 120559613022042 120559613011084 120559606025047 120559613011105 120559613024037

112211REG BOOK 22 PAGE 91

Exhibit “F”

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112211REG BOOK 22 PAGE 93

9. ACTION: Ricky Helms, County Administrator, provided a revised coversheet for items 9A-5, 9A-6, and 9H-2. Ross Macbeth, Board Attorney, requested to add an item under Board Attorney regarding agreements for the benefit of the Supervisor of Elections voting machines.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to set the action agenda as revised and amended; revised with the new totals and coversheets for the items mentioned by the County Administrator, and the addition of item 9G-1, the discussion of the Elections Office agreements.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Budget Manager:

1. Request approval of Resolution & Budget Amendment 10-11-197 for FY 10/11 End-of-Year Project Close Out with a fiscal impact of $550,817.42. Tim Mechling, Budget Manager, presented the request.

Commissioner Elwell made a motion and Commissioner Stewart seconded the motion, to move to approve Budget Amendment 10-11-197 and associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 118 & SMB 89 Page 10.

2. Request approval of Budget Amendment 10-11-198 for FY 10/11 for End- of-Year Project Adjustments, Reallocations & Close-Out with a fiscal impact of $306,763.41. Tim Mechling, Budget Manager, presented the request. Public input was received from Preston Colby and John Drennan.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve Budget Amendment 10-11-198.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file & SMB 89 Page 11.

3. Request approval of Resolution & Budget Amendment 10-11-200 for FY 10/11 End-of-Year Project Close-Out with a fiscal impact of $957,381.55. Tim Mechling, Budget Manager, presented the request. Public input was received from Preston Colby, Gabriel Read, Dick Noel, and John Drennan.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve Budget Amendment 10-11-200 and associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 119 & SMB 89 Page 12.

112211REG BOOK 22 PAGE 94

4. Request approval of Resolution & Budget Amendment 10-11-201 for SHIP removal of Funds from Project with a fiscal impact of $1,125,697.49. Tim Mechling, Budget Manager, presented the request. Public input was received from Preston Colby, Billie Hetherton, John Drennan, and Dale Wilson.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 10-11-201 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 120 & SMB 89 Page 13.

5. Request approval of Budget Amendment 11-12-010 to Roll forward Revenue Collected in FY 10/11 to purchase Necessary Medications to Improve and Maintain the Health of the Animals at Animal Control with a fiscal impact of $4,318.50. Tim Mechling, Budget Manager, presented the request. Ricky Helms, County Administrator, presented a revised coversheet for this request. Public input was received from Preston Colby.

Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 11-12-010 and Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 121 & SMB 89 Page 14.

6. Request approval of Resolution & Budget Amendment 11-12-012 Adjusting Projects & RPAC Fund Balance within FY 11/12 with a fiscal impact of $2,623,844.40 decrease. Tim Mechling, Budget Manager, presented the request. Ricky Helms, County Administrator, presented a revised coversheet for this request, with a fiscal impact of $2,673,903.79 - decrease. Public input was received from John Drennan and Preston Colby.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve Budget Amendment 11-12-012 and the associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 122 & SMB 89 Page 15.

7. Request approval of Resolution & Budget Amendment 11-12-013 to Rollover Encumbrances from FY 10/11 into current FY 11/12 with a fiscal impact of $4,181,296.93. Tim Mechling, Budget Manager, presented the request. Public input was received from Preston Colby.

Commissioner Handley made a motion and Commissioner Elwell seconded the motion, to move to approve Budget Amendment 11-12-013 & Resolution.

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Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 123 & SMB 89 Page 16.

8. Request approval of Resolution & Budget Amendment 10-11-203 for FY 10/11 Adjustments with a fiscal impact of $2,259.85. Tim Mechling, Budget Manager, presented the request. Public input was received from Preston Colby.

Commissioner Harris made a motion and Commissioner Stewart seconded the motion, to move to approve Budget Amendment 10-11-203 and Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 124 & SMB 89 Page 17.

9. Request approval of Resolution & Budget Amendment 10-11-202 for FY 10/11 Cost Center Adjustments with a fiscal impact of $643,550.00.00. Tim Mechling, Budget Manager, presented the request. Public input was received from Preston Colby.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve Budget Amendment 10-11-202 and its associated Resolution.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 125 & SMB 89 Page 18.

BREAK: 10:41 a.m. to 10:55 a.m.

B. Tourist Development Director:

1. Request approval of Highlands County Tourist Development Council Grant to the Heartland Cultural Alliance, Inc. for the Art and Music Fest at Lakeshore Mall event on December 2-4, 2011 in the amount of $400.00. John Scherlacher, Tourist Development Director, presented the request. Public input was received from Preston Colby.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the attached grant contract in the amount of $400 to be disbursed from Tourist Development Trust Fund number 5304 – Arts and Culture to Heartland Cultural Alliance, Inc. for the Art and Music Fest event at Lakeshore Mall for a sound man and food for the opening reception, with room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues, pursuant to Section 125.0104(5) (a), Florida Statutes.

Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file.

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2. Request approval of Highlands County Tourist Development Council Grant to the Sebring Airport Authority for the US Sports Aviation Expo on January 19-22, 2012 in the amount of $5,000.00. John Scherlacher, Tourist Development Director, presented the request. Public input was received from Dale Wilson and John Drennan.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve the attached grant contract in the amount of up to $5,000 to be disbursed from Tourist Development Trust Fund number 5305 – Local Events to Sebring Airport Authority for the U.S. Sports Aviation Expo for advertising with room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues, pursuant to Section 125.0104(5) (a), Florida Statutes.

Upon roll call, all Commissioners voted aye. The motion carried. See TDC file.

3. Request approval of Highlands County Tourist Development Council Grant to the Lake Placid Mural Society, Inc. for printing and design of the Tour Lake Placid Brochure in the amount of $926.00. John Scherlacher, Tourist Development Director, presented the request.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the attached grant application in the amount of $926 to be disbursed from Tourist Development Trust Fund number 5304 – Arts and Culture to the Lake Placid Mural Society, Inc. for the printing and design of the Tour Lake Placid Brochure, with no room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues pursuant to Section 125.0104(5) (a), Florida Statutes.

Upon roll call, all Commissioners voted aye. The motion carried. See TDC file.

4. Request approval of Highlands County Tourist Development Council Grant to the Sebring Firemen, Inc. for the FACA All-Star Football event on December 17-20, 2011 in the amount of $5,000.00. John Scherlacher, Tourist Development Director, presented the request. Commissioner Harris stated that two Commissioners were members of the Sebring Firemen, Inc. and questioned if it was necessary for them to abstain from voting on this issue. Ross Macbeth, Board Attorney, stated that if they are non-paid members that it was not a statutory requirement to abstain, but it was their choice. Commissioner Harris and Commissioner Handley declared a conflict of interest, as they both are members of the Sebring Firemen, Inc. A Memorandum of Voting Conflict form was provided to the Clerk to become part of the permanent record. Public input was received from Dick Noel.

Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve the attached grant application in the amount of up to $5,000 to be disbursed from Tourist Development Trust Fund number 5303 – Off Season to Sebring Firemen, Inc. for the FACA All-Star Football Event for food, entertainment, transportation, and event preparation expenses, with room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues pursuant to Section 125.0104(5) (a), Florida Statutes.

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Upon roll call, all Commissioners voted aye, except Commissioner Handley and Commissioner Harris, who abstained. The motion carried. See TDC file.

C. Planning Supervisor: Request approval of the Heartland Brownfields Revitalization Partnership Agreement. Sue Buchans, Planning Supervisor, and Helen Sears, with the Central Florida Regional Planning Council, presented the request and stated that they would like to revise the request to be to approve a letter of commitment on behalf of Highlands County to join the Heartland Brownfields Revitalization Partnership Team. Public input was received from John Drennan.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve the Heartland Brownfields Revitalization Partnership Coalition Partnership Agreement.

Commissioner Stewart withdrew her motion and Commissioner Harris withdrew his second.

Ms. Buchans gave the following recommended motion: “Move to approve the letter of commitment of behalf of Highlands County to join the Heartland Brownfields Revitalization Partnership Team.”

Commissioner Stewart moved and Commissioner Harris seconded the suggested motion.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 19.

D. Administrative Services Director: Request for consideration of the proposed 2012 Holiday Schedule. Gerald Secory, Administrative Services Director, presented the request. The Commission addressed their concerns in great detail. Public input was received from John Drennan, John Nelson, and Gabriel Read. Bob Germaine, Clerk of Courts, addressed the issue and suggested that the Commission meet with all the Constitutional Officers and the School Board to provide their input before any decisions were made.

After discussion, Commissioner Stewart suggested that the Board follow the Board’s approved policy; eliminate January 2, 2011, as it is not New Year’s Day; and to direct the County Administrator to contact the Constitutional Officers to see if they decide to keep the Yom Kippur or Rosh Hashanah holidays. Mr. Helms stated that he will meet with the Constitutional Officers and bring this item back to the Board. See SMB 89 Page 20.

E. Administrative Project Manager: Request for consideration of intent to purchase or lease Surplus State Land. Chris Benson, Administrative Project Manager, presented the request and stated that they have received information from the State that it was not their intention to sell the property and that no action was required. See SMB 89 Page 21.

F. County Engineer: Request approval of the Construction Contract between Highlands County and L. Cobb Construction, Inc. for the College Drive and Memorial Drive Multi-Use Path, Project #04030, ITB No. 11-041 and FDOT FPN: 410277-1-58-01 in the amount of $779, 569.22.

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Ramon Gavarrete, County Engineer, presented the request. Elius Nortelus, Assistant County Administrator, and Keith Baker, Project Manager, were present for questions. Mr. Gavarrete stated that the land owners have agreed to four entry points and their location.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve and execute the construction contract between Highlands County and L. Cobb Construction, Inc. for the construction of the College Drive and Memorial Drive Multi- use Path, project #04030, ITB No. 11-041, and FDOT FPN: 410277-1-58-01 in the amount of $779,569.22; further, that the cost of the four driveways be covered by grant funds and to be constructed by L. Cobb through a change order; further, that the maintenance cost of the driveways, including the portion of the pathway, multi-use path, or pathway used for access by the landowners be covered by the landowners; further, that the cost of repairing any damage to the fences caused by the landowners’ operations be covered by the landowners.

Public input was received from Preston Colby, Dick Noel, Greg Hartt, and Billie Hetherton.

Ross Macbeth, Board Attorney, stated that one of the properties that is along this route is owned by his family through a trust and that he is not benefiting in any way from the project or the contract today, therefore does not view that he has a conflict of interest.

Commissioner Handley declared a conflict of interest and stated that he is currently under contract with the Hartt Family.

Upon roll call, all Commissioners voted aye, except Commissioner Handley, who abstained. The motion carried. See L. Cobb Construction, Inc. file.

G. Board Attorney: Ross Macbeth, Board Attorney, presented a purchase option agreement, a bill of sale agreement, and a rental of equipment and sale of service agreement between Electronic Systems & Software, LLC and Highlands County, all three pertaining to the election equipment and software of the Supervisor of Elections Office.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move that the Chair sign the three agreements with Election Systems and Software.

Upon roll call, all Commissioners voted aye. The motion carried. See Election Systems & Software, LLC file.

BREAK: 12:58 p.m. to 2:01 p.m.

H. County Administrator:

1. Presentation of a request from the Sheriff’s Office for approval to expend funds from the Federal Forfeiture Fund to Crime Stoppers in the amount of $5,000.00 and to the Megan Napier Foundation in the amount of $3,000.00. Ricky Helms, County Administrator, presented the request.

112211REG BOOK 22 PAGE 99

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the expenditure of Federal Forfeiture Funds for the above listed crime prevention programs in the amount of $5,000 to Crime Stoppers and $3,000 to the Megan Napier Foundations.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 22.

2. Request approval 10-11-185 for FY 10/11 Cost Center Adjustments, with a portion coming from Reserve for Contingency, for a fiscal impact of $1,393,206.98. Tim Mechling, Budget Manager, presented the request. Public input was received from Preston Colby.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve Budget Amendment 10-11-185 and its associated Resolutions.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Pages 126-127 & SMB 89 Page 23.

3. Discussion of concerns expressed on Solid Waste operations. Ricky Helms, County Administrator, gave a thorough explanation on the concerns expressed on the operations of the Solid Waste Department. Mr. Preston Colby addressed his presentation. The Commission addressed their concerns in great detail. Chairman Richie stated that the use of ASR has been inspected and has been approved by the authorities of the State of Florida. Commissioner Elwell and Commissioner Harris agreed that they have to work towards a positive method of getting Mr. Colby’s questions answered without them having to do it during a public meeting. Commissioner Stewart requested that Ross Macbeth, Board Attorney, address the allegations that the County was contaminating the water supply with hazardous materials. Ross Macbeth, Board Attorney, addressed her concerns. See SMB 89 Page 24.

10. WORKSHOP: Administrative Project Manager: Presentation of Preliminary FY 11- 12 Capital Financial Strategy (CFS). See SMB 89 Page 25. Gerald Secory, Administrative Services Director, Tim Mechling Budget Manager, and Chris Benson, Administrative Projects Manager, presented the Preliminary FY 11-12 Capital Financial Strategy.

700/800 Mhz Radio System Chairman Richie questioned if no money was going to be spent on the 700/800 Mhz Radio System this year. Mr. Mechling stated that was correct. Commissioner Stewart questioned if this item was going to be brought back within the next few months for discussion. Mr. Benson stated that they are anticipating to bring this item back as soon as possible with options. Chairman Richie suggested that they incorporate all the entities that are involved in using this system, including the municipalities in their discussion.

Public Parking Lemon Street Mr. Benson addressed the public parking on Lemon Street. After discussion, it was a consensus of the Commission to remove the $40,000 from the FY 11-12 CFS for the parking on Lemon Street and gave direction to Ramon Gavarrete, County Engineer, to erect a “no

112211REG BOOK 22 PAGE 100

parking” sign at the property as soon as possible. Mr. Secory suggested that if the Commission was intending to sell the property, then to declare the land as surplus so that the Purchasing Department can put it out to bid.

Equipment for Engineering/Traffic Operations Commissioner Stewart questioned if the $12,000 listed under the Equipment for Engineering/Traffic Operations included a truck that was talked about during the budget process. Mr. Benson stated that the $120,000 only included the items that were approved during the budget process. Ramon Gavarrete, County Engineer, stated that the truck Commissioner Stewart mentioned was not approved for purchase at the time of the budget discussions.

Main Station (EMS) Commissioner Stewart questioned Harvey Craven, EMS Director, if it seemed that they were going to be able to resolve the Main EMS Station situation this year. Mr. Craven addressed her concerns.

Diesel Emissions Fluid (DEF) Tank System Mr. Secory addressed the Diesel Emissions Fluid issue listed in the CFS.

EOC Air Conditioning Mr. Secory and Ben Henley, Emergency Management Coordinator, addressed the EOC Air Conditioning. Bob Germaine, Clerk of Courts, stated that the DCR located at the Emergency Operations Center is their backup in case of an outage.

Metro E for Public Radio System Mr. Henley addressed the Metro E for Public Radio System listed in the CFS.

Supervisor of Elections Building Mr. Mechling addressed the Supervisor of Elections Building listed in the CFS. The Commission addressed their concerns towards issues concerning the Supervisor of Elections Building on Kenilworth Blvd. Mr. Gavarrete addressed their concerns. The Commission gave direction to Mr. Gavarrete to take Commissioner Handley out to the site and come back with recommendations, and to keep Joe Campbell, Supervisor of Elections, in the loop.

Law Enforcement/Corrections Facility Mr. Secory addressed the Law Enforcement/Corrections Facility listed in the CFS. The Commission addressed their concerns. Major Mark Schrader, with the Highlands County Sheriff’s Office, addressed misconceptions about the law enforcement building meetings and stated that no one within the Sheriff’s Office was requesting more money for a building.

11. CITIZENS NOT ON THE AGENDA

¾ Bill Bottcher came before the Board to request a waiver in the Land Development Regulation requirements to replace a culvert. Ramon Gavarrete, County Engineer, addressed the issue.

112211REG BOOK 22 PAGE 101

¾ Billie Hetherton came before the Board to inquire about a previous request concerning the Human Services operating funds. Ricky Helms, County Administrator, stated that he will provide an update to the Commission so that they can address this issue next week.

¾ Preston Colby came before the Board to inquire about budget amendments without resolutions. See SMB 89 Page 26.

12. COMMISSIONERS:

¾ Commissioner Handley: Commissioner Handley stated that he would personally like to see the Commission hold three meetings per month. Commissioner Harris and Commissioner Stewart concurred with Commissioner Handley and stated that if it was necessary, they could meet on four times per month. Commissioner Elwell stated that it was not in their best interest to cancel out the evening meetings. Chairman Richie concurred to meeting only three Tuesdays and meet on the fourth Tuesday if it was necessary. Ross Macbeth, Board Attorney, stated that the Commission could keep their advertised meeting schedule as it exists currently and that they could cancel the 4th and 5th Tuesday meetings if meeting was not necessary.

¾ Commissioner Stewart: No report.

¾ Commissioner Elwell: Commissioner Elwell questioned the two-year budgeting process. Ricky Helms, County Administrator, stated that he has received information regarding the two-year budgeting process from other jurisdictions and will be following up in a future meeting. Commissioner Elwell proposed looking for goals for 2012. The Commission agreed.

¾ Commissioner Harris: No report.

¾ Commissioner Richie: Commissioner Richie questioned Ross Macbeth, Board Attorney, the Sunshine Laws on committee assignments. Mr. Macbeth addressed his concerns. Mr. Helms stated that the Assistant County Administrator is working on a list of committees and its members and will provide it to the Commission upon completion. Commissioner Richie also commented on the Florida Association of Counties meeting that he attended last week.

13. ADJOURN The meeting adjourned at 5:26 p.m.

112211REG BOOK 22 PAGE 102

REGULAR MEETING OF THE BOARD, NOVEMBER 29, 2011

1. The meeting was called to order at 5:04 p.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell Commissioner Ron Handley

Also present: June Fisher, Ricky Helms, Ross Macbeth, Robert W. Germaine, and Pamela Nava.

This meeting was publicly advertised per Florida Statutes and a Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Mr. Rick Ingler, who also led they Pledge of Allegiance.

3. ANNOUNCEMENTS

Nov 30 4:00 pm Natural Resources Advisory Commission Room #3, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring Dec 01 2:00 pm Trails Initiative Committee Engineering Training Room, 501 S. Commerce Ave., Sebring Dec 01 3:30 pm Veterans Advisory Board 7209 S. George Blvd., Sebring

A. Other meetings:

¾ The Sebring Christmas Parade will take place on Friday, December 3, 2011.

¾ The Art Music Fest will take place at the Lakeshore Mall on December 3 and 4, 2011 from 11:00 a.m. to 4:00 p.m.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, briefly stated that the Clerk’s Office has released the new Risk Assessment and Audit Plan for the FY 11/12.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

6. CONSENT AGENDA: Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits November 29, 2011. See Check Report 2011 file.

112911REG BOOK 22 PAGE 103

GENERAL FUND 71,063.30 COUNTY TRANSPORT TRUST 5,813.82 INTERGOVT RADIO COMMUNICA 155.00 LOCAL GOVT INFRA SURTAX 37,516.69 HOME INITIATIVES PARTNER 50,000.00 SEBRING PARKWAY MAINT 735.49 COURT TECH 28.24 (12) (E) 1 18,000.00 BUILDING FUND 20,071.99 SOLID WASTE 20,291.94 PLACID UTILITIES 4,470.00 HIGHWAY PARK UTILITY 1,446.70

B. Request for approval of Resolution and Budget Amendment 10-11-204 to align funding to close Project #04080 Hurricane Housing Grant for a fiscal impact of $4,505.40. See Budget Amendment 2011 file, Res. Book 24 Page 129 & SMB 89 Page 30.

7. PUBLIC HEARING: Request approval of an Ordinance amending Chapter 4 of the Highlands County Code of Ordinances pertaining to off-road motorsports events. Mark Hill, Development Services Director, and Linda Conrad, Zoning Supervisor, presented the request. Ms. Conrad read the caption of the Ordinance into the record. A Proof of Publication was submitted to the Clerk to become part of the permanent record.

Ross Macbeth, Board Attorney, addressed Sections 4-261 through 4-264 of the proposed ordinance. Commissioner Handley suggested adding the word four-wheeling to the definition of off-road motorsports event. Sheriff Susan Benton questioned the enforcement of any violation to the proposed ordinance. Public input was received from John Drazinski and Tom Kosty. Ray Royce, with the Heartland Ag Coalition, suggested substituting the words livestock uses and livestock operations for general agricultural uses on the second and third WHEREAS sections of the Ordinance.

Mr. Macbeth addressed Sec. 4-265 (a) of the site requirements. The Commission addressed their concerns. Public input was received from Jeff Kennedy, Charles Butcher, Greg Kingery, Billie Hetherton, Dick Noel, Mike Durham, Gabe White, Charissa Buice, Mike Berry, Mark Breed, and James Gilbert. Commissioner Elwell questioned if they could eliminate the 100 acres of open space and the 200 feet of street frontage for the purpose of not interfering with smaller scale events, and stated that he would like for Mr. Macbeth to come back with alternatives. It was a consensus of the Commission to have Mr. Macbeth bring back alternatives on the different types of scale categories. The Commission addressed the issue of a paved or unpaved public street and gave direction to Mr. Macbeth to take another look at the right-of-way width and to define “residential street”.

Mr. Macbeth addressed Sec. 4-265 (b) of the site requirements. The Commission addressed their concerns.

Mr. Macbeth addressed Sec. 4-265 (c) of the site requirements. Commissioner Stewart suggested that the ordinance needs to define the parking requirements of the Highlands County Land Development Regulations.

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Mr. Macbeth addressed Sec. 4-265 (d) of the site requirements. Commissioner Stewart suggested consistency throughout the ordinance regarding the lighting requirements.

BREAK: 7:23 p.m. to 7:40 p.m.

Mr. Macbeth addressed Sec. 4-265 (e) of the site requirements. Commissioner Stewart suggested consistency throughout the ordinance regarding the temporary structures and exhibits.

Mr. Macbeth addressed Sec. 4-265 (f) of the site requirements. Commissioner Stewart suggested consistency throughout the ordinance regarding the temporary sign advertising. Commissioner Handley suggested that fourteen (14) days prior to an event for the erection of a sign no higher than ten (10) feet was too restrictive and suggested changing it to thirty (30) days prior to an event and no higher than fifteen (15) feet. Commissioner Elwell concurred with the thirty (30) days. The Commission addressed the removal of any signs at the conclusion of an event. Public input was received from Jeff Kennedy. The Commission concurred to allow the permit holder to remove any signage seven (7) days after an event.

Mr. Macbeth addressed Sec. 4-265 (g) of the site requirements. It was a consensus of the Commission to change the three (3) consecutive days permitted for an event to four (4) consecutive days. The Commission addressed the issue of how many permits could be issued for any property per calendar year. The Commission concurred that there should be a different number allowed for small scale events and large scale events. Public input was received from Jeff Kennedy and Donald Skipper. It was a consensus of the Commission to allow four (4) event permits for any property during a calendar year. The Commission addressed the hours of operation of an event. Public input was received from Gabe White. Sheriff Benton addressed the issue. Linda Conrad, Zoning Supervisor, addressed the noise ordinance. The Commission concurred that the hours of operation should begin at sunrise.

Mr. Macbeth addressed Sec. 4-265 (h) of the site requirements. Commissioner Stewart questioned the purpose of this section. Mr. Macbeth addressed her concerns. The Commission concurred that the liability insurance amounts should be higher and suggested Mr. Macbeth contact an insurance liability expert and look further into this issue.

Mr. Macbeth addressed Sec. 4-265 (g) of the site requirements. Commissioner Stewart suggested adding the word activity to this section.

The Commission requested the proposed ordinance come back as a workshop next week. Public input was received from Jeff Kennedy, Donald Skipper, John Skipper, Beth Lail, Tommy Kertesz, and Mark Breed. See SMB 89 Page 31.

8. ACTION:

A. Board Attorney: No report.

B. County Administrator: Ricky Helms, County Administrator, briefly stated that the SHIP Program and the Human Services issues will be coming up on the December 13, 2011 agenda.

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9. CITIZENS NOT ON THE AGENDA

¾ Michael Barry commented on the number and times of Commission meetings.

¾ Jerry Kingsbury commented on night meetings and on the time citizens are allowed to speak.

¾ Billie Hetherton inquired about the Human Services operating funds and stated that her answer has been addressed with Mr. Helms stating that the issue will come up on December 13, 2011. See SMB 89 Page 32.

10. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris stated that he was glad to see that they will be talking about the vending carts in the near future.

¾ Commissioner Stewart: Commissioner Stewart stated that last week they talked about reducing the number of Commission meetings but there was no talk about cutting out the evening meetings.

¾ Commissioner Elwell: Commissioner Elwell requested an update on the Sheriff’s space needs meeting. Mr. Helms stated that an agenda item is coming up on December 6, 2011. Commissioner Elwell congratulated the Avon Park Mighty Mights Football Team for winning the Super Bowl in the State of Florida for the second consecutive year.

¾ Commissioner Handley: Commissioner Handley stated that he would like for one of the Commissioners to be appointed to the Sheriff’s Office space needs negotiations. Commissioner Richie stated that he would look into it.

¾ Commissioner Richie: Commissioner Richie stated that the Commission needs to bring their projects up to date on what they would like to see accomplished and that they need to have a meeting that will give them the opportunity to add more projects to the list.

11. ADJOURN The meeting adjourned at 9:11 p.m.

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REGULAR MEETING OF THE BOARD, DECEMBER 6, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell Commissioner Ron Handley

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 Commissioner Stewart. The Pledge of Allegiance was led by Jackie Graham, Assistant Veterans Services Director.

3. ANNOUNCEMENTS

Dec 12 8:00 am Executive Committee for the Industrial Development One East Main Street, Avon Authority and the Economic Development Commission Park Dec 12 9:00 am Highlands County Homeowners Association 3240 Grand Prix Dr., Sebring

A. Other meetings:

The Zoning Board of Adjustment will meet on December 13, 2011 at 3:00 p.m. in the Commission Boardroom.

The Planning & Zoning Commission & Local Planning Agency will meet on December 13, 2011 at 3:00 p.m. in the Commission Boardroom.

There will be a workshop of the Planning & Zoning Commission and Local Planning Agency on December 6, 2011 at 1:30 p.m. in the Engineering Training Room.

The Medal of Honor Ceremony will take place on December 7, 2011 at 11:00 a.m. at the Medal of Honor Park.

The Lake Placid Christmas Parade will take place on Saturday, December 10, 2011 at 7:00 p.m.

The Highlands County Tea Party will meet tonight at 6:00 p.m. at Homer’s Restaurant with guest speaker Eric Golub.

Commissioner Elwell stated that he would like to invite the Commissioners and constituents to an informal town hall meeting on Thursday, December 8, 2011 from 6:00 p.m. to 8:00 p.m. to address any concerns from the public. Ross Macbeth, Board Attorney, stated that the meeting would have to be noticed and minutes would have to be taken if all the Commissioners were to attend.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: Bob Germaine, Clerk of Courts, briefly presented the Clerk of Courts report for the month of November 2011. See SMB 89 Page 33.

120611REG BOOK 22 PAGE 107

Eric Zwayer, Highlands County Tax Collector, briefly stated that the Drivers License Division is now open at the Tax Collector’s Office in Avon Park.

Gary Ritter, with the South Florida Water Management District – Okeechobee Services Center, gave brief updates on the Central Everglades process that is taking place and on the signing that took place with the Florida Department of Environmental Protection to look at disbursed water storage projects throughout the watershed for the FY 2012. Jimmy Wohl, Chairman of the Water Conservation District, commented on the issue.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: None presented.

6. CONSENT AGENDA: Commissioner Stewart questioned item 6D. Ramon Gavarrete, County Engineer, addressed her concerns. Public input was received from John Drennan. Commissioner Elwell declared a conflict of interest on item 6A – two payment being made to Alan Jay, his current employer. A Memorandum of Voting Conflict form was submitted to the Clerk to become part of the permanent record.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the consent agenda with the elimination of the payments to Alan Jay under 6A.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve the payments to Alan Jay under 6A.

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 December 6, 2011. See Check Report 2011 file for copy of check report and abstention form.

GENERAL FUND 2,513,143.64 COUNTY TRANSPORT TRUST 30,963.38 E911 OPERATIONS FUND 69,464.58 FL BOATING IMPROVEMENT 1,239.84 LOCAL GOVT INFRA SURTAX 980.00 AFFORDABLE HOUSING ASST 22,404.12 STATE COURT FACILITIES TF 446.68 LEGAL AID TRUST FUND 3,638.29 COURT TECH 28.24 (12) (E) 1 285.82 BUILDING FUND 4.00 SOLID WASTE 218,960.39 PLACID UTILITIES 4,712.95 HIGHWAY PARK UTILITY 679.30 ENERGY RECOVERY 689.00 INSURANCY FUND 254,669.83

120611REG BOOK 22 PAGE 108

B. Request for approval of a Tower Removal Agreement between the tower owners, Skyway Towers; landowner, Spring Lake Presbyterian Church; and the Highlands County Board of County Commissioners. See Tower Removal Agreement file.

C. Request for approval of a Tower Removal Agreement between the tower owners, Skyway Towers; landowner, Leigh Ann Taylor; and the Highlands County Board of County Commissioners. See Tower Removal Agreement file.

D. Request for approval of the Florida Department of Environmental Protection Agreement No. S0571 Hazardous Waste Cooperative Collection Center Arrangement Grant Assistance with Glades County as “Neighboring County”. See FDEP file.

E. Request approval of Resolution & Budget Amendment #11-12-015 to add $3,000,000.00 to the Sebring Parkway Phase II Project due to the grant received from the Florida Department of Transportation (FDOT) County Incentive Grant Program. See Budget Amendment 2011 file, Res. Book 24 Page 130 & SMB 89 Page 34.

7. PUBLIC HEARING: Public Hearing to consider an Ordinance of Highlands County, Florida, amending Section 8-222 of the Code of Ordinances, Highlands County, Florida; amending the Tourist Development Plan. John Scherlacher, Tourist Development Director, 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.

Public input was received from Debra Worley and Dick Noel.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to adopt the attached ordinance of Highlands County, Florida, amending Section 8-222 of the Code of Ordinances, Highlands County, Florida; amending the Tourist Development Plan; Providing for conflict, providing for severability, providing for inclusion in code; and providing for an effective date; finding the ordinance amendment is in compliance with the requirements for use of tourist development tax revenues pursuant to Section 125.0104(5) (a), Florida Statutes.

Upon roll call, all Commissioners voted aye. The motion carried. See Proof of Publication file, Ordinance Book 14 & SMB 89 Page 35.

8. ACTION: Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as presented.

Public input was received from Dick Noel.

Upon roll call, all Commissioners voted aye. The motion carried.

120611REG BOOK 22 PAGE 109

A. Administrative Services Director: Request approval of the 2012 Holiday Schedule Gerald Secory, Administrative Services Director, presented the request. Public input was received from Dale Wilson, John Drennan, and Dick Noel. Mr. Secory read into the record the eleven (11) holidays observed by the Constitutional Officers.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve the 2012 Holiday Schedule as observed by the Constitutional Officers of Highlands County and a corresponding change to the personnel policy.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 36.

B. Administrative Project Manager: Report of options for the Sheriff’s Office Law Enforcement Facility. Chris Benson, Administrative Projects Manager, presented options A through E for the Sheriff’s Office Law Enforcement facility. Chairman Richie opened the floor to the Commission for discussion. Chairman Richie suggested utilizing a portion of the Kenilworth Building for some of the space needs of the Sheriff’s Office. Supervisor of Elections Joe Campbell addressed the issue and stated that if the Sheriff could utilize the Kenilworth Building he had no problem with that. Sheriff Benton stated that the Kenilworth Building was a warehouse and could not store property and evidence at that site. The Commission addressed the issue in great detail. Ricky Helms, County Administrator, questioned if the building needed to stay in the downtown area and stated that an answer would narrow down their options. Sheriff Benton stated that she would narrow the options down to either the Bank of America building or a new building on a County owned property. Chief Deputy Mark Schrader addressed the issue. Jimmy Wohl, representing the owner of the Bank of America building, informed the Commission that the lender and property owner of Bank of America were willing to work something out to sell the property to the County.

Public input was received from John Drennan, John Nelson, John Borgemeister, Gene Reese, Elgin Bayless, Dale Wilson, Preston Colby, and Billie Hetherton.

Commissioner Stewart made a motion to move to direct staff to work with the Sheriff’s Office staff to further investigate two alternatives: 1) use of the Bank of America building; and 2) construction of a new facility on County owned property; further, direct staff to report back to the Board of County Commissioners as soon as possible regarding the final recommendations on moving forward on these two options with development of the bid documents. Commissioner Elwell seconded the motion for discussion.

Upon roll call, Commissioner Stewart voted aye, all other Commissioners voted nay. The motion failed.

The Commission discussed the possibility of also evaluating the Restoration Church building.

Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to instruct staff to look at the Bank of America building and the renovations for a possible Sheriff’s facility; look at the possibility of a brand new structure for the Sheriff’s facility; and to also look at the Restoration Center Complex for renovations for a Sheriff’s facility.

120611REG BOOK 22 PAGE 110

Commissioner Stewart questioned if the intent of the motion was to direct staff to work with Sheriff’s Office staff to further investigate three alternatives: the Bank of America building; construction of a new facility on County owned property; and the Restoration Church; and have the staff report back to the Board of County Commissioners as soon as possible regarding final recommendations on moving forward with development of the bid documents. Commissioner Harris and Commissioner Handley both stated that was the intent of the motion and the second.

Commissioner Stewart directed Mr. Benson to come back with cost estimates.

Upon roll call, all Commissioners voted aye. The motion carried.

Sheriff Benton thanked everyone for the progress done today. Chief Deputy Mark Schrader thanked Mr. Benson for all his hard work. See SMB 89 Page 37.

BREAK: 11:58 p.m. to 12:08 p.m.

C. Board Attorney: No report.

D. County Administrator: Gloria Rybinski, announced that tomorrow is the last day to accept donations for the Rudolph Roundup and stated that anyone interested in sponsoring a child could contact her directly.

Ricky Helms, County Administrator, announced that the Special Magistrate Pam Karlson will have a meeting on Thursday, December 8, 2011 at 1:30 p.m. and that Special Magistrate Robert Livingston will have a meeting on Thursday, December 8, 2011 at 10:30 a.m. in the Commission Boardroom.

9. WORKSHOP: Discussion and review of an Ordinance amending Chapter 4 of the Highlands County Code of Ordinances pertaining to off-road motorsports events. Ross Macbeth, Board Attorney, addressed Sections 4-266 (a) and (b) of the application requirements. Commissioner Elwell questioned if it would be beneficial to put together a special events ordinance. Mr. Macbeth addressed his concern. The Commission discussed the possibility of a short term moratorium.

Mark Hill, Development Services Director, stated that staff had originally recommended a six month moratorium because they felt it was the Board’s intent to perform an amendment to the Land Development Regulation or to the zoning and that a moratorium would hold the County in place while the issue was being looked at and taken to the Planning & Zoning Commission for review.

Public input was received from Preston Colby, Justin Connerly, Mark Breed, Ray Royce, George White, John Skipper, Dale Pflug, Jeff Kennedy, Dale Willard, and Gabe White.

Commissioner Stewart made a motion to move to have a moratorium for a maximum of six months on commercial off-road motorsports events. Commissioner Elwell seconded the motion for discussion.

120611REG BOOK 22 PAGE 111

Commissioner Harris stated that he was not in favor of a moratorium. Chairman Richie concurred.

Commissioner Stewart withdrew her motion.

Chairman Richie directed staff to bring back recommendations to pursue the issue through the zoning area without a moratorium. Mr. Hill stated that they will look at other counties’ ordinances as a resource. See SMB 89 Page 38.

10. CITIZENS NOT ON THE AGENDA

¾ Preston Colby addressed his concerns about comments made by Commissioner Stewart on the November 22, 2011 Board of County Commissioners meeting and commented on complaints he has received from Lake Byrd residents.

11. COMMISSIONERS

¾ Commissioner Harris: Commissioner Harris commented on the ribbon cutting event that he attended at the new learning center at the Archibald facility.

¾ Commissioner Stewart: Commissioner Stewart commented on the Tourist Development Council meeting that she attended last week.

¾ Commissioner Elwell: No report.

¾ Commissioner Handley: Commissioner Handley commented on the meeting he had with Ramon Gavarrete, County Engineer, to view the Kenilworth Building and stated that the building was definitely workable. Ross Macbeth, Board Attorney, suggested getting together with Mr. Gavarrete and Commissioner Handley to explore the possibilities. Commissioner Stewart suggested including Ricky Helms, County Administrator, in the discussions. Public input was received from Preston Colby.

¾ Commissioner Richie: No report.

12. ADJOURN The meeting adjourned at 2:03 p.m.

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REGULAR MEETING OF THE BOARD, DECEMBER 13, 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 R. Greg Harris Commissioner Jack L. Richie Commissioner Don Elwell Commissioner Ron Handley

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 Mr. Rick Ingler. The Pledge of Allegiance was led by Commissioner Elwell.

3. ANNOUNCEMENTS

Dec 13 10:00 am Highlands County Housing Authority 2300 Hope Circle, Sebring, FL Dec 13 3:00 pm Highlands County Planning & Zoning Boardroom, 600 S Commerce Ave., Commission and the Local Planning Agency Sebring, FL and the Zoning Board of Adjustment Dec 14 8:00 am Board meeting for the Industrial Development Heartland National Bank Board Authority & the Economic Development Room, 600 US 27 N., Lake Placid, FL Commission Dec 15 9:30 am Community Health Improvement Planning 7205 S. George Blvd., Sebring, FL Council (CHIP)

A. Other meetings: No other meetings announced.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No reports.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS: Rae Dowling, with Florida Power & Light, gave a general update on the services provided by Florida Power & Light to its customers.

Gloria Rybinski, Public Information Coordinator, thanked everyone who participated in the Rudolph Round-up Toy Drive.

6. CONSENT AGENDA: Commissioner Elwell questioned item 6D. Ricky Helms, County Administrator, addressed his concerns. Public input was received from John Drennan.

Ross Macbeth, Board Attorney, requested a change in the minutes of the November 22, 2011 Board of County Commissioners meeting. The Commission gave direction to Mr. Macbeth to meet with the Clerk of Courts’ staff for changes in those minutes and to bring them back to the Board next week for consideration.

121311REG BOOK 22 PAGE 113

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda with the deletion of the meeting minutes of November 22, 2011 within item 6B.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits December 13, 2011. See Check Report 2011 file.

GENERAL FUND 601,024.64 COUNTY TRANSPORT TRUST 6,895.25 LOCAL GOVT INFRA SURTAX 25,411.95 TOURIST DEV TRUST FUND 846.71 AFFORDABLE HOUSING ASST 13,750.00 HOME INITIATIVES PARTNER 20,000.00 STATE COURT FACILITIES TF 1,400.00 LEGAL AID TRUST FUND 3,638.29 BUILDING FUND 165.98 SOLID WASTE 6,831.26 PLACID UTILITIES 7,942.87 HIGHWAY PARK UTILITY 650.01 ENERGY RECOVERY 14,473.85 EMPLOYEE BENEFIT FUND 7.60

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for November 22 and 29, 2011. See Clerk of Courts website.

C. Request for approval of a Resolution to amend sections three, six and seven of the Highlands County Technical Standards Manual (HCTSM). See Res. Book 24 Page 131 & SMB 89 Page 40.

D. Request approval of a request to waive the Landfill tipping fee for the Lake Placid Country Fair estimated at $90.00. See SMB 89 Page 41.

7. ACTION: Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Kristina Anderson, Highlands County IDA/EDC Executive Director: Highlands County Industrial Development Authority/Economic Development Commission report to the Board of County Commissioners. Kristina Anderson, Executive Director of the Industrial Development Authority/Economic Development Commission, gave a brief account of the IDA/EDC Annual Report for FY 2010/2011. Public input was received from John Drennan. The Commission thanked Ms. Anderson for her presentation. See SMB 89 Page 42.

B. Administrative Services Director and Mrs. Julie Fowler with LarsonAllen, LLP: Request approval of Amendment of Agreement between Highlands

121311REG BOOK 22 PAGE 114

County and the NCT Group CPA’s, LLP for Professional Financial Auditing Services, Reference LarsonAllen, LLP and original proposal number RFP 07- 040. Gerald Secory, Administrative Services Director, presented the request. Bill Benton, with LarsonAllen, addressed the Board.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the amendment to the current agreement between the Board and the NCT Group CPA’s L.L.P., which reflects the acquisition of The NCT Group CPA’s L.L.P., by LarsonAllen, L.L.P.

Upon roll call, all Commissioners voted aye. The motion carried. See NCT Group file.

C. Tourist Development Director: Request approval of Highlands County Tourist Development Council Grant to the Rotary Club of Highlands County, Inc. for the Bike Sebring 12/24 Hour Bike Race event on February 18-19, 2012 in the amount of $4,000.00. John Scherlacher, Tourist Development Director, presented the request. The Commission addressed their concerns. Public input was received from Dick Noel.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve the grant contract in the amount of up to $4,000 to be reimbursed from the Tourist Development Trust Fund number 5305 – Local Events to The Rotary Club of Highlands County, Inc., for the Bike Sebring 12/24 Hour Bike Race event for T-shirts and electronic timer with room verifications required, finding the project and purpose of the grant are in compliance with the requirements for use of tourist development tax revenues pursuant to Section 125.0104(5) (a), Florida Statutes.

Upon roll call, all Commissioners voted aye. The motion carried. See Tourist Development Council file.

Break: 10:21 a.m. to 10:37 a.m.

D. County Engineer: Request approval of the of continuation of Out-of-Class Status appointment for Employee No. 6115 to continue performing the duties of Administrative Secretary (PG 11) in the Solid Waste Department as approved by the County Administrator on January 12, 2011 and waiving of the twelve (12) month limit as stated in Section 7.03C5 of the Highlands County BCC Personnel Rules and Regulations. Ramon Gavarrete, County Engineer, presented the request. Public input was received from Billie Hetherton and John Drennan.

Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve the continuation of Out-of-Class Status appointment for Employee No. 6115 to continue performing the duties of Administrative Secretary (PG 11) in the Solid Waste Department as approved by the County Administrator on January 12, 2011 and waiving of the twelve (12) month limit as stated in Section 7.03C5 of the Highlands County BCC Personnel Rules and Regulations.

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Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 43.

E. Board Attorney: Ross Macbeth, Board Attorney, requested to meet with the Commission and Ricky Helms, County Administrator, in closed session next week at 10:30 a.m. to seek advise as to settlement negotiations and litigation expenditures concerning case #GC11-67 – Kenneth Wheeler vs. the Board of County Commissioners. Mr. Macbeth stated that he will take care of posting the proper notices and advertisements for the closed session.

F. Assistant County Administrator: Request the Board of County Commissioners consider the options available to expend the “Outpatient Medical Services” line item within the Community Programs Department, Public Assistance cost center. June Fisher, Assistant County Administrator, presented the request. Public input was received from John Drennan, Rick Ingler, and Billie Hetherton.

Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to allow the program to remain with County staff administering the program using the application process as established for the remainder of this fiscal year; further, that staff review the criteria as soon as possible and get back with the Commission regarding any suggested changes they have so as to improve the program; and that we not wait to start expending the money, that we can expend the money prior to staff getting back to us.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 44.

Commissioner Elwell questioned how many people have been served from the Public Assistance funds. Ms. Fisher stated that she would provide that information for the Commission.

G. County Administrator:

1. Request approval of Resolution & Budget Amendment 11-12-020 for Supervisor of Elections Project 10061 State’s Federal Elections Activities Grant with a fiscal impact of $13,523.44 which is the amount of rollover funds from FY 10/11 and interest earnings for FY 10/11. Ricky Helms, County Administrator, presented the request.

Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve the Resolution and Budget Amendment 11-12-020.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 132 & SMB 89 Page 45.

2. Request acceptance of Residential Substance Abuse Treatment Program 2011/2012 Grant with a fiscal impact of grant funds in the amount of $50,000.00, there is a required 25% cash match of $16,676.72 (budgeted).

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Ricky Helms, County Administrator, presented the request. Sheriff Susan Benton addressed the request. Mr. Helms stated that a minor correction was made to the Budget Amendment and a revised copy was distributed to the Commission. Public input was received from John Drennan.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to accept grant no. 2012-RSAT-HIGH-1-D1-005 in the amount of $50,000 through approval and execution of the Certificate of Acceptance of Subgrant Award and accompanying Budget Amendment and resolution for the RSAT 2011/2012 grant.

Upon roll call, all Commissioners voted aye. The motion carried. See Budget Amendment 2011 file, Res. Book 24 Page 133 & SMB 89 Page 46.

3. Request for approval of Memorandum of Understanding for Pre-Trial Release Services and Budget Amendment from General Fund Reserve for Contingency with a fiscal impact of $59,964.53 (budgeted). Ricky Helms, County Administrator, presented the request. Bob Germaine, Clerk of Courts, addressed the request.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve the Memorandum of Understanding for Pre-Trial Release Program services to be provided by the Clerk of Courts and the Budget Amendment to establish funding for the program from the General Fund Reserve for Contingency.

Upon roll call, all Commissioners voted aye. The motion carried. See Pre-Trial Release file, Budget Amendment 2011 file & SMB 89 Page 47.

8. CITIZENS NOT ON THE AGENDA

¾ Billie Hetherton questioned if the motion made on the Outpatient Services was to release the outpatient money for immediately use. Chairman Richie stated yes.

9. COMMISSIONERS:

¾ Commissioner Harris: Commissioner Harris commented on the Medal of Honor Ceremony that he attended last week.

¾ Commissioner Stewart: Commissioner Stewart addressed the publicity that the County has received through the National Natural Landmark 2012 calendar, the Florida Ranches 2012 calendar, and the Florida Forever 2012 Conservation Photography calendar.

Commissioner Stewart requested that the Commission give direction to the County Administrator to put together a timeline of the Kenilworth Building and take a look at what recourses there are. The Commission concurred with Commissioner Stewart’s request.

Commissioner Stewart questioned the delay with the release of funds from the Hospital District grants and questioned when those funds would be released. Ross Macbeth,

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Board Attorney, addressed her concern and stated that he would look into this issue and report back to the Board. Commissioner Stewart stated that she would like to see this issue be put on the agenda as soon as possible.

Commissioner Stewart also wished a Merry Christmas to everyone who might be leaving early for the holidays.

¾ Commissioner Elwell: Commissioner Elwell stated that he would like to see the list of pending items be put on the agenda for the public to see when an item will be coming up for discussion or consideration.

Commissioner Elwell also questioned if the 2012 goals will be coming up soon. Commissioner Richie stated that those will be addressed in the early part of next year.

Commissioner Elwell also commented on the town hall meeting that he had last week and on the Medal of Honor Ceremony that he attended last week.

¾ Commissioner Handley: No report.

¾ Commissioner Richie: Commissioner Richie provided the 2012 Board and Committee Assignments for the Commission and stated that the Value Adjustment Board, the Heartland Workforce Investment Board, and the 10 County Coalition require a vote to appoint a Commissioner to each Board.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to appoint Commissioner Elwell and Commissioner Richie to the Value Adjustment Board; and appoint Commissioner Richie to the Workforce Board and the 10 County Coalition Board.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 48.

10. ADJOURN The meeting adjourned at 11:46 a.m.

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REGULAR MEETING OF THE BOARD, DECEMBER 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 Jack L. Richie Commissioner Don Elwell Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Ron Handley

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 Commissioner Harris. The Pledge of Allegiance was led by Commissioner Handley.

3. ANNOUNCEMENTS

Dec 21 8:00 am Local Mitigation Strategy Working Group #2, Bert J. Harris, Jr. Agricultural Center, 4509 George Blvd., Sebring County offices closed December 23-26, 2011 in observance of the Christmas holiday

A. Other meetings:

Ricky Helms, County Administrator, announced that he was informed that Denise Williams, Veteran Services Officer, was stateside and would return to work after the holidays.

Chairman Richie requested that next week’s meeting begin at 5:00 p.m. instead of 6:00 p.m. Mr. Helms stated that staff will make sure the meeting is properly advertised in the newspaper. Commissioner Stewart requested that all evening meetings begin at 5:00 p.m. The Commission gave direction to Mr. Helms to advertise all evening meetings to begin at 5:00 p.m. Public input was received from Dick Noel.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No report.

5. RECOGNITIONS, PRESENTATIONS AND PROCLAMATIONS:

A. President/CEO Heartland Workforce Roger Hood: Request approval of a Resolution of support for continued local control of regional workforce board in the state of Florida. Mr. Roger Hood, President/CEO of the Heartland Workforce, presented the request. The Commission addressed their concerns. Public input was received from Gabriel Read. The Commission concurred to table this item until next week to allow time for modifications to be made to the Resolution. See SMB 89 Page 49.

B. Chairman Richie: Request approval of a Resolution concerning the Lake Okeechobee, St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon. Chairman Richie read the Resolution into the record. Commissioner Stewart requested Mr. Gary Ritter, with the South Florida Water Management District, give a brief explanation on

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Section 3 of the Resolution. Mr. Ritter stated that the Resolution was not drafted by South Florida Water Management District, but rather by the County Coalition. Chairman Richie addressed Commissioner Stewart’s concerns. Public input was received from John Drazinski and Gabriel Read.

Commissioner Elwell made a motion and Commissioner Harris seconded the motion, to move to approve the Resolution as read.

Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 24 Page 134.

6. CONSENT AGENDA: Commissioner Elwell requested clarification for the public on item 6D. Vicki Pontius, Parks & Natural Resources Director, addressed his request. Chairman Richie questioned the fiscal impact and the accounting procedure on item 6E and 6F. Tim Mechling, Budget Manager, addressed his concerns.

Commissioner Stewart made a motion and Commissioner Harris seconded the motion, to move to approve the consent agenda.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits December 20, 2011. See Check Report 2011 file.

GENERAL FUND 1,486,612.71 COUNTY TRANSPORT TRUST 16,727.76 E911 OPERATIONS FUND 296,207.38 INTERGOVT RADIO COMMUNICA 4.50 FL BOATING IMPROVEMENT 3,533.04 LOCAL GOVT INFRA SURTAX 25,907.50 TOURIST DEV TRUST FUND 43.96 SEBRING PARKWAY MAINT 3,001.40 STATE COURT FACILITIES TF 444.24 COURT TECH 28.24 (12) (E) 1 1,858.20 BUILDING FUND 233.98 SOLID WASTE 4,551.35 PLACID UTILITIES 4,449.18 HIGHWAY PARK UTILITY 1,289.58 INSURANCY FUND 252.00

B. Request approval of the minutes of the Board of County Commissioners and Special Benefits District meeting for November 22, and December 6, 2011. See Clerk of Courts website.

C. Request to accept into the record the Financial Statements & Independent Auditor’s Report for Fiscal Year Ended June 30, 2011 and 2010 for Peace River Center for Personal Development, Inc. See Peace River Center file.

D. Request approval of Fee Schedule & Resolution for Athletic Programs and Accompanying Facilities at the Highlands County Sports Complex. See Res. Book 24 Page 135 & SMB 89 Page 50.

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E. Request for approval of a Resolution & Budget Amendment 11-12-022 adjusting Projects within FY 11/12 with a fiscal impact of $249,918.32. See Budget Amendment 2011 file, Res. Book 24 Page 136 & SMB 89 Page 51.

F. Request for approval of a Resolution & Budget Amendment 11-12-025 for SHIP removal of Funds from Projects with a fiscal impact of $163,436.92 decreasing the Affordable Housing Assistance Fund for FY 11/12. See Budget Amendment 2011 file, Res. Book 24 Page 137 & SMB 89 Page 52.

G. Request approval of Resolution and Budget Amendment 11-12-027 appropriating $1,514.50 within the Local Government Infrastructure Surtax Fund: 151 for Project 09041 – Jail Renovation from Account: 369900Z – Other Miscellaneous Revenue to Cost Center 3322A/Account: 56400Z – Project Equipment. See Budget Amendment 2011 file, Res. Book 24 Page 138 & SMB 89 Page 53.

7. PUBLIC HEARING: Public Hearing to consider adoption of CPA-11-520SS Small Scale Plan Amendment, Highlands County Land Trust. 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. Mr. Jim Palman, representing the landowner, and Bert Harris, representing the Town of Lake Placid, addressed the issue. The Commission addressed their concerns. Ray Royce, Lake Placid Town Councilman, addressed the issue.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve and adopt by Ordinance CPA-11-520SS, amending the Future Land Use Map for approximately 9.9997 acres from “Agriculture” to “Commercial” with conditions, referencing the mandatory findings of fact; and transmitting CPA-11-520SS to the Florida Department of Economic Opportunity; becoming effective as provided by law.

Upon roll call, all Commissioners voted aye. The motion carried. See Proof of Publication file & Comprehensive Plan Amendment 2011 file.

8. ACTION: Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

The regular meeting of the Board of County Commissioners was recessed at 10:30 a.m. to begin the Executive Session behind closed doors.

10:30 a.m. EXECUTIVE SESSION – To discuss Labor Settlement Agreement. Ross Macbeth, Board Attorney, read the notice that was published in the newspaper to advertise the Executive Session and listed the persons who will be attending: Commissioners Barbara Stewart, Don Elwell, Greg Harris, Jack Richie, and Ron Handley; Board Attorney Ross Macbeth; County Administrator Ricky Helms; and Susan Rankin, certified court recorder.

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Mr. Macbeth announced the termination of the Executive Session and the regular meeting was reconvened at 11:55 a.m.

BREAK: 11:56 a.m. to 12:02 a.m.

A. Children’s Services Council of Highlands County Executive Director: Request to (1) accept the nominations of Judge Angela J. Cowden and Mary Ann Lewis to the Children’s Services Council of Highlands County to a four (4) year term starting January 1, 2011, and (2) approve a one-year honorary appointment of Wally Randall to the Children’s Services Council of Highlands County in recognition of being the 2011 recipient of the Judge Clifton M. Kelly Champion for Children Award. Jeff Roth, Executive Director of the Children’s Services Council of Highlands County, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to accept the nominations of Judge Angela J. Cowden and Mary Ann Lewis to the Children’s Services Council of Highlands County to a four (4) year term starting January 1, 2011.

Upon roll call, all Commissioners voted aye. The motion carried.

Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve a one (1) year honorary appointment of Wally Randall to the Children’s Services Council of Highlands County in recognition of being the 2011 recipient of the Judge Clifton M. Kelly Champion for Children Award.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 54.

B. County Engineer: Request for consideration of candidates for appointment to the Selection Committee for Request for Proposals (RFP) 12-016 Recyclables Transfer & Processing Services and Provision of Recycling Carts. Ramon Gavarrete, County Engineer, presented the request.

Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to appoint the following individuals to participate on the Selection Committee for RFP 12-016 Recyclables Transfer & Processing Services and Provision of Recycling Carts: James B. Belflower, Shelagh M. Byatt, William Compton, Wayne Douberley, Rick Ingler, John Nelson, Dale Pflug, and the following two (2) County staff members: Jed Secory and Chris Benson.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 55.

C. 10:30 a.m. EXECUTIVE SESSION – To discuss Labor Settlement Agreement. This item took place before item 8A.

D. Board Attorney: No report.

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E. Assistant County Administrator: Reminder of the Tobacco Free Policy Implementation of Phase 1 and Phase 2. June Fisher, Assistant County Administrator, Robert Palussek, Highlands County Health Department Administrator, and Georgeann Singletary, Tobacco Cessation Specialist, presented the Tobacco Free Policy for Phases 1 and 2. Ms. Fisher stated that the presentation today was for review only and no action was necessary. Mr. Palussek addressed the issue. The Commission thanked them for the presentation. See SMB 89 Page 56.

Break: 12:25 a.m. to 1:19 p.m.

F. County Administrator: Request for consideration and approval of a proposed Travel Policy. Ricky Helms, County Administrator, and Chris Benson, Administrative Project Manager, presented the request. The Commission addressed their concerns.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve and adopt the proposed Travel Policy.

Upon roll call, all Commissioners voted aye. The motion carried. See Policy file & SMB 89 Page 57.

Mr. Helms briefly announced that they are working on getting the grant agreements relative to the Hospital District funds ready to present to the Board next week or the following week. Mr. Helms also announced that on the 27th of December he will be talking about the status of the short term goals and that he hopes to provide before the end of this week, the timeline for the Kenilworth building, as requested by the Board. Commissioner Stewart stated that she would like to see the grant agreements for the Hospital District funds on the agenda next week. Ross Macbeth, Board Attorney, stated that they do not have the funds yet. Tim Mechling, Budget Manager, stated that the funds have not been received from the Hospital Board.

G. Budget Manager: Request approval of FY 11/12 Capital Financial Strategy (CFS). Tim Mechling, Budget Manager, presented the request. Gerald Secory, Administrative Services Director, addressed the Diesel Emission Fluid (DEF) Tank System listed within the CFS and recommended to move the funds to FY 15/16.

Jerome Kaszubowski, Senior Director of Business Services and Chief Information Officer, addressed the In House Fiber project listed within the CFS. Ben Henley, Emergency Management Coordinator, and Rob Jordan, Sheriff’s Office Administrator of Information Services, addressed the issue. Mr. Mechling stated that it was the recommendation of staff that this project be paid for directly from the Infrastructure Surtax Fund.

Commissioner Stewart addressed her concerns regarding the Solid Waste Funding section on page 9. Ramon Gavarrete, County Engineer, suggested that the Commission zero out the capital items listed on the CFS for FY 11/12, with the exception of those items that were approved during the budget cycle for this current year. Commissioner Stewart requested that staff make changes and bring the CFS back to the Board for consideration on the first

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meeting in January. Ricky Helms, County Administrator, stated that they will bring this item back in two weeks.

9. CITIZENS NOT ON THE AGENDA No participants.

10. COMMISSIONERS:

¾ Commissioner Handley: Commissioner Handley stated that tomorrow he has a meeting with Ramon Gavarrete, County Engineer, Ross Macbeth, Board Attorney, and Ricky Helms, County Administrator, concerning the Kenilworth Building and requested that Mr. Macbeth address Florida Statute 255.041. Mr. Macbeth addressed the Statute. The Commission addressed their concerns.

¾ Commissioner Elwell: Commissioner Elwell requested an update on the County’s website and questioned if they are still moving forward with the Sheriff’s Office space needs. Mr. Helms stated that they have a meeting concerning the Sheriff’s Office building tomorrow. Gloria Rybinski, Public Information Coordinator, stated that the website is in progress and should go live sometime in January. Commissioner Elwell also wished everyone a safe and happy holiday.

¾ Commissioner Stewart: Commissioner Stewart questioned if they are still on track for reaching the February deadline for the Town of Lake Placid to acquire the utilities. Mr. Macbeth addressed her concern. Commissioner Stewart also questioned the fire protection for the City of Sebring residents regarding the extension of water lines in the County’s right-of-way. Mr. Macbeth stated that it would be a good idea to meet with the Sebring City Council. Commissioner Stewart thanked Gloria Rybinski for submitting a picture of the Highlands County Racetrack to the Florida Association of Counties for their calendar, as it was selected for one of the months in 2012.

¾ Commissioner Harris: Commissioner Harris stated that the kick-off parade for the Sebring Centennial will take place on Friday, January 6, 2011 beginning at 5:00 p.m. Commissioner Harris thanked all the staff for making the Commission’s jobs easier and wished everyone a very Merry Christmas and a Happy New Year.

¾ Commissioner Richie: No report.

11. ADJOURN The meeting adjourned at 3:15 p.m.

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REGULAR MEETING OF THE BOARD, DECEMBER 27, 2011

1. The meeting was called to order at 5:00 p.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 Don Elwell Commissioner Barbara Stewart Commissioner R. Greg Harris Commissioner Ron Handley

Also present: Ricky Helms, J. Ross Macbeth, Robert W. Germaine, and Pamela Nava.

The time for this meeting was changed from 6:00 p.m. to 5:00 p.m. and was properly advertised in the newspaper. A Proof of Publication was provided to the Clerk to become part of the permanent record. See Proof of Publication file for copy.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by County Administrator Ricky Helms. The Pledge of Allegiance was led by Commissioner Harris.

3. ANNOUNCEMENTS

Jan 3 7:00 pm Construction Licensing, Enforcement and Appeals 600 S. Commerce Ave., Sebring, FL Board County offices closed January 2, 2012 in observance of the New Year’s holiday

A. Other meetings: No other meetings announced.

4. CONSTITUTIONAL OFFICERS – ANNOUNCEMENTS: No report.

5. RECOGNITIONS, PRESENTATIONS, AND PROCLAMATIONS: None presented.

6. CONSENT AGENDA: Commissioner Stewart stated for the record the breakdown of item 6C. Public input was received from Gabriel Read. Ross Macbeth, Board Attorney, addressed his concerns.

Commissioner Stewart requested to vote on items 6A and 6C first and then vote on 6B separately.

Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to approve item 6A and item 6C.

Upon roll call, all Commissioners voted aye. The motion carried.

The Commission discussed item 6B. Commissioner Stewart stated that she did not support the Resolution.

Public input was received from Jerry Kingsbury and Ray Royce.

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Commissioner Harris made a motion and Commissioner Handley seconded the motion, to move to approve the Resolution of the Board of County Commissioners outlining the proposed Regional Workforce Board Accountability Act 2012, with the alternative B as presented.

Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. The motion carried.

A. Request approval to pay all duly authorized bills and employee benefits December 27, 2011. See Check Report 2011 file.

GENERAL FUND 108,456.83 COUNTY TRANSPORT TRUST 8,743.88 LOCAL GOVT INFRA SURTAX 73,607.73 AFFORDABLE HOUSING ASST 29,556.69 HOME INITIATIVES PARTNER 25,000.00 SEBRING PARKWAY MAINT 114.76 STATE COURT FACILITIES TF 85.23 BUILDING FUND 89.94 SOLID WASTE 3,270.44 ENERGY RECOVERY 15,607.37 EMPLOYEE BENEFIT FUND 2,180.22 INSURANCY FUND 28,612.61

B. Request approval of a Resolution of support for continued local control of Regional Workforce Board in the State of Florida. See Res. Book 24 Page 140.

C. Request for approval of a Resolution & Budget Amendment 11-12-028 for the Community Development Block Grant (CDBG) Disaster Recovery Program Agreement for a stand-by generator at the Avon Park Recreation Center with a net positive impact of $207,233.00 with no local match required. See Budget Amendment 2011 file, Res. Book 24 Page 141 & SMB 89 Page 60.

7. ACTION: Ricky Helms, County Administrator, stated that there would be additional information provided for item 9D-1.

Commissioner Elwell made a motion and Commissioner Stewart seconded the motion, to move to set the action agenda as presented.

Upon roll call, all Commissioners voted aye. The motion carried.

A. Supervisor of Elections: Request approval to change the status of a voting precinct for the Presidential Primary Election to be held on January 31, 2012. Joe Campbell, Supervisor of Elections presented the request and stated that the Presidential Primary Election to be held on January 31, 2012 will be a Republican-only election and that Precinct 9 only has fourteen (14) registered Republicans. Mr. Campbell requested that the Board allow him to combine Precinct 9 with Precinct 8 for this election only, to help save money that would have to be paid to poll workers manning that precinct. Mr. Campbell stated that he would take care of advertising this change in the newspaper.

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Public input was received from John Nelson.

Commissioner Stewart made a motion and Commissioner Handley seconded the motion, to move to approve changing the location of where the Republicans in Precinct 9 vote; and they will be voting at the location of Precinct 8 for the Presidential Primary Election to be held on January 31, 2012.

Upon roll call, all Commissioners voted aye. The motion carried.

B. Board Attorney:

1. Discussion on Labor Settlement. Ross Macbeth, Board Attorney, presented the request.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to accept the settlement agreement as presented.

Chairman Richie stated that that he made the decision, as his prerogative, not to open the floor to the public on this issue.

Upon roll call, all Commissioners voted aye. The motion carried. See Settlement Agreement file.

2. Request for approval of Amendment to Attachment “A” to the LarsonAllen, LLC Audit Contract. Ross Macbeth, Board Attorney, presented the request. Julie Fowler and Bill Benton, with LarsonAllen, were present for questions. The Commission addressed their concerns. Public input was received from Preston Colby.

Commissioner Harris made a motion and Commissioner Elwell seconded the motion, to move to approve the third amendment to the agreement between Highlands County and the NCT Group CPA’s, L.L.P. for professional financial auditing services.

Upon roll call, all Commissioners voted aye. The motion carried. See NCT file.

3. Request for consideration of a settlement offer to discharge a Mortgage – Diaz. Ross Macbeth, Board Attorney, presented the request. Public input was received from Dick Noel.

Commissioner Stewart made a motion and Commissioner Elwell seconded the motion, to move to accept the offer from Carol Kriesberg, representing the Diaz Family; for the County to accept the offer proposed of $1,000.

Upon roll call, all Commissioners voted aye. The motion carried. See SMB 89 Page 61.

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C. Administrative Projects Manager: Request approval of an authorization to execute a Small Municipal and County Government Enterprise License Agreement (ELA) with Environmental Systems Research Institute, Inc. (ESRI) for Geographic Information Systems (GIS) Software. Chris Benson, Administrative Projects Manager, presented the request and introduced Sharon Wallace, GIS Manager, to the Board. The Commission addressed their concerns and gave direction to Mr. Benson to look into the possibility of a longer term agreement with a lesser price in the future. Public input was received from Preston Colby and Billie Hetherton.

Commissioner Elwell made a motion and Commissioner Handley seconded the motion, to move to approve Environmental Systems Research Institute, Inc. as vendor of choice for Georgraphic Information Systems (GIS) software, and authorize the County Administrator to execute an Enterprise License Agreement between Highlands County and Environmental Systems Research Institute, Inc., for a term of three years in the total amount of $150,000.00.

Upon roll call, all Commissioners voted aye. The motion carried. See Environmental Systems Research Institute, Inc. file.

Break: 6:52 p.m. to 7:00 p.m.

D. County Administrator:

1. Request for approval of Grant-in-Aid Contracts for provision of health services utilizing surplus Hospital District Board funds. Ricky Helms, County Administrator, presented the request. Ross Macbeth, Board Attorney, addressed the proposed grant agreement form. The Commission addressed their concerns and gave staff direction to work with Mr. Macbeth and to contact the applicants to provide them with a copy of the draft grant agreement and to bring the item back in two weeks. Public input was received from Billie Hetherton, Preston Colby, and Dick Noel.

Mr. Macbeth requested guidance from the Commission whether to delete or leave in the wording in paragraph 3 that would preclude the use of funds for expenditures that were made prior to the execution of the agreement. The Commission concurred to have the wording deleted. See SMB 89 Page 62.

2. Update on Short-Term Goals. Ricky Helms, County Administrator, presented an updated list of the short-term goals. The Commission addressed their concerns. Commissioner Elwell questioned the possibility of the Florida Association of Counties (FAC) presenting the negatives and positives of a charter government. Mr. Helms stated that he would check on the availability of the individuals from the FAC and would report back to the Board.

Commissioner Stewart requested to add a short-term goal to the list concerning a shingle contract with GAF Materials Corp., and questioned where that contract was. Mr. Macbeth addressed her question. Chairman Richie stated that he would like to have the County Administrator involved in this issue. Mr. Helms stated that he has asked the Road & Bridge Superintendent to follow up on this issue. Public input was received from Preston Colby. See SMB 89 Page 63.

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3. Discussion of timeline of acquisition of the Kenilworth Building. Ricky Helms, County Administrator, and Chris Benson, Administrative Projects Manager, addressed the timeline of the acquisition of the Kenilworth Building. The Commission addressed their concerns. Commissioner Handley stated that next week he would give a full report of the meetings that are taking place with staff concerning the Kenilworth Building. Public input was received from Preston Colby. See SMB 89 Page 64.

8. CITIZENS NOT ON THE AGENDA

¾ Billie Hetherton commented on the December 17, 2011 mass food distribution by the Heartland Food Reservoir. See SMB 89 Page 65.

¾ Preston Colby commented on a response from the Florida Department of Environmental Protection concerning the stockpiling of ASR at the landfill and on the Fuel Management audit report. Mr. Colby also wished everyone a happy new year.

9. COMMISSIONERS:

¾ Commissioner Handley: No report.

¾ Commissioner Elwell: No report.

¾ Commissioner Stewart: Commissioner Stewart wished everyone a happy new year.

¾ Commissioner Harris: Commissioner Handley wished everyone a happy new year and a safe holiday.

¾ Commissioner Richie: Commissioner Richie wished everyone a happy new year.

10. ADJOURN The meeting adjourned at 9:09 p.m.

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