BOOK 19 PAGE 727 REGULAR MEETING OF THE BOARD JANUARY 6, 2004 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: David Flowers Carl Cool Andrew Jackson Bob Jamison C Guy Maxcy J Ross Macbeth Bob Bullard Jodi Giguere Edgar Stokes 2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by County Engineer, Ramon Gavarrete. The Pledge of Allegiance was led by John Nettles of the Veterans Advisory Council. 3. Call for “citizens not on the agenda” forms to be turned in 4. ANNOUNCEMENTS A. Sheriff Lt. Frank Worden presented the daily jail log of inmate count for the period ending January 6, 2004. B. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Court Services for week ended January 2, 2004 and a Monthly Report of Business Services for December as provided by the Highlands County Clerk of Courts, L. E. “Luke” Brooker. See SMB 45 Page 54. C. Upcoming County meetings were presented into the record by County Administrator, Carl Cool. Additional meetings were announced for the benefit of the public. 5. CONSENT AGENDA Motion by Commissioner Maxcy, seconded by Commissioner Stokes to approve agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried. A. Request approval of minutes of the December 2,9, and 16, 2003 board meeting minutes B. Request approval to pay all duly authorized bills and employee benefits January 6, 2004 General .............................................. 1,428,204.22 County Transportation Trust ............................... 36,483.75 E911 Operations Fund ........................................ 57.28 Local Govt Infra Surtax ................................... 91,325.65 Affordable Housing ........................................ 6,849.93 HCISSRB Construction Fund .............................. 286,503.76 Solid Waste ............................................. 78,567.56 Placid Utilities .............................................. 559.28 010604reg BOOK 19 PAGE 728 Highway Park Utility ........................................... 9.80 C. Request approval of transfer or sale of Tax Certificate for George McGee. See SMB 45 Page 55. D. Request approval of a contract with Central Locating Service, LTD., for “Underground Facilities Locating and Marking Services”. See file for copy. E. Request approval to reduce EMS bill. See SMB 45 Page 56. F. Request approval of amended Notice of Nuisance on CE 03030137 - 3709 CR 17 South. See Subdivision file. G. Request approval of Notice of Nuisance on CE 03080187 - 4811 Royal Palm. See Subdivision file. H. Request approval of Notice of Nuisance on CE 03080182 - 1310 Garwood Avenue. See Subdivision file. I. Request approval to disband the GASB34 Work Group. See SMB 45 Page 57. J. Request approval of Satisfaction of Mortgage - Batz. See Satisfaction file. K. Request approval of Satisfaction of Mortgage - Thrift. See Satisfaction file. L. Request approval of Budget Amendment 03-04-78 M. Request approval of Resolutions & Budget Amendments 03-04-79 & 80. See Res. Book 17 Page 1. N. Request approval of Acts of Caring Program application for submission to the National Association of Counties. See Library file. Payment of bills and employee benefits was authorized on December 30, 2003 in the amount of $461,645.09. 6. ACTION AGENDA Motion by Commissioner Stokes, seconded by Commissioner Maxcy to set action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried. 9:05 a.m. A. EXECUTIVE SESSION: Regarding Case No.03-14378 CIV Graham- Gulfstream v. Highlands County Board of County Commissioners The executive session was called to order at 9:12 A.M. Proof of Publication for this session was entered into the record. See SMB 45 Page 58. The Chair called the regular meeting back to order at 9:45 A.M. B. County Engineer 1. Request to accept and award the contract to construct the water line to the Sebring Eye Clinic per contract specifications to KDL Underground and Development, Inc. County Engineer, Ramon Gavarette, presented the request, adding that a Resolution and budget amendment also need to be approved, contingent upon the receipt of surety delivered by The Eye Surgery Properties of Sebring, LLC, to be held and distributed by the County. Motion by Commissioner Bullard, seconded by 010604reg BOOK 19 PAGE 729 Commissioner Stokes to accept and award the construction contract for the Sebring Eye Clinic to KDL Underground and Development Inc, contingent upon the receipt of surety, including the resolution and budget amendment #03-04-85. Upon roll call, all Commissioners voted aye. Motion carried. See file and Res. Book 17 Page 2. 2. Request approval of recordation of Hawk’s Landing subdivision, and to accept Improvement Agreement with description of escrowed surety County Engineer, Ramon Gavarette, presented the request to approve the recordation of Hawk’s Landing subdivision, with acceptance of the Improvement Agreement. Board Attorney, Ross Macbeth, stated the Board’s approval needs to be contingent upon receipt of an Irrevocable Letter of Credit and a Memorandum of Understanding from the bank in a form satisfactory to the Board Attorney. Motion by Commissioner Bullard, seconded by Commissioner Stokes to approve the request as stated, contingent upon receipt of the Irrevocable Letter of Credit and Memorandum of Understanding, and authorization for the Chairman to sign the Plat and forward to the Clerk’s office for recording, once these documents are received. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. C. Board Attorney 1. Resolution documenting the need for Emergency Management Equipment Board Attorney, Ross Macbeth, presented a resolution for approval, giving Bill Nichols, Emergency Management Director, the authority to execute Emergency Management grant applications, to purchase emergency generators. Motion by Commissioner Jackson, seconded by Commissioner Maxcy to approve the resolution as stated. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 17 Page 3. 2. Gulfstream Natural Gas litigation Ross Macbeth requested approval from the Board to allow him to file an answer in the litigation with Gulfstream Natural Gas, and to associate with the law firm of Peterson Myers for the purpose of defending the Board in the lawsuit. Motion by Commissioner Maxcy, seconded by Commissioner Stokes to approve the request as stated. Upon roll call, all Commissioners voted aye. Motion carried. D. County Administrator 1. Request approval of Budget Amendments 03-04-81 & 82 decreasing Fund 401 Reserve 2. Request approval of Budget Amendment 03-04-83 decreasing Fund 151 Reserve 3. Request approval of Budget Amendment 03-04-84 decreasing General Fund Reserve for Heartland Water Alliance County Administrator, Carl Cool, presented the request to approve the budget amendments as listed. Motion by Commissioner Maxcy, seconded by Commissioner Stokes to approve Budget Amendments 03-04-81, 03-04-82, 03-04-83, and 03-04-84 as stated. Upon roll call, all Commissioners voted aye. Motion carried. 4. Proposed schedule for Public Transit Action Committee Carl Cool informed the Board that the Committee has scheduled their next meeting for January 26, 2004 to further discuss the issue of funding the transportation system. He suggested that the Board schedule a 010604reg BOOK 19 PAGE 730 workshop for February 10, 2004 to consider all of the facts and issues involved in having a county transportation system, and receive public input, then make a decision the following week, February 17, on whether or not to go ahead with creating a transit system in Highlands County. The Board reached a consensus to schedule the workshop for February 10, 2004. Chairman Flowers requested that the meeting be closed to any other workshop items. Commissioner Maxcy asked the members of the press to inform the public of this workshop, and encourage the public to attend and voice their opinions about a transit system. 5. Recycling Department Carl Cool stated that the Recycling department had decided to cancel the Christmas Tree Recycling program this year. Residents can put their trees at the curb for pick up on normal yard trash days, the first and third Wednesdays of each month. 7. CITIZENS NOT ON AGENDA No participants. 8. COMMISSIONERS Commissioner Bullard reported on a meeting he had yesterday with Governor Bush. 9. ADJOURN The meeting adjourned at 10:08 A.M. ______________________________ Chairperson Attest: ________________________ Clerk **************************************************************************** 010604reg BOOK 19 PAGE 731 REGULAR MEETING OF THE BOARD JANUARY 13, 2004 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: David Flowers Carl Cool Andrew Jackson Bob Jamison C Guy Maxcy Mike Disler Bob Bullard Jodi Giguere Edgar Stokes 2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by County Administrator, Carl Cool. The Pledge of Allegiance was led by Commissioner C. Guy Maxcy. 3. ANNOUNCEMENTS A. Sheriff Lt. Frank Worden presented the daily jail log of inmate count for the period ending January 13, 2004. B. Clerk Deputy Clerk, Bob Jamison, presented a report of Weekly Court Services for week ended January 9, 2004 as provided by the Highlands County Clerk of Courts, L. E. “Luke” Brooker. See SMB 45 Page 59. Commissioner Bullard requested