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REGULAR MEETING OF THE BOARD JANUARY 2, 2007 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at

600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Rick Helms Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Tonia Rivera Don Bates

Carl Cool, County Administrator, was absent from meeting. 2. Invocation and Pledge of Allegiance

The meeting opened with a prayer by Commissioner Maxcy. The Pledge of Allegiance was led by Sgt. Maj. Joseph Dionne.

3. ANNOUNCEMENTS A. Clerk No report. B. Upcoming County meetings:

Jan. 2 3:00 pm Highlands Soil and Water Conservation District

Agri-Civic Center, 4509 George Blvd, Room 3, Sebring

Jan. 2 7:00 pm Construction Licensing, Enforcement and Appeals Board

Board Room, 600 S. Commerce Ave., Sebring

Jan. 4 8:15 am The Highlands County Tourist Development Council

Agri-Civic Center, 4509 George Blvd, Room 3, Sebring

Jan. 4 2:00 pm Veterans Advisory Board Highlands County Health Department, 7205 South George Blvd, Environmental Conference Room, Sebring

Jan. 8 9:00 am Highlands County Homeowners Association, Inc.

Sebring Country Estates Club House, 3240 Grand Prix Drive, Sebring

Other meetings: The Professional Service Acquisition Committee will meet on January 3, 2007 at 4:00 p.m. in the Engineering Training Room (meeting may be rescheduled to January 4, 2007). On January 5, 2007 the county calendar will be coming out and will be in the Highlands Today newspaper.

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The Lake Placid Area Growth Management Committee will meet today at 4:00 p.m. at the Lake Placid Town Hall. Commissioner Stokes arrived at the meeting at 9:05 a.m. 4. CONSENT AGENDA

Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the consent agenda as amended to pull Item B for approval next week and pulling H, J, L and F and moving them to the action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 2,

2007 General …………………………… 4,986,725.53 County Transportation Trust ……... 19,542.48 Local Govt Infra Surtax …………… 167,041.18 Tourist Dev Trust Fund …………… 3,310.21 Building Code Enforcement Fund … 1,597.40 Solid Waste ...………………………… 9,605.49

Placid Utilities ...……………………… 7,704.02 Highway Park Utility ……………….. 6.30 Affordable Housing Asst ………….. 6,992.03 HCISSRB Construction Fund ……. 450.00 Intergovt Radio Communication….. 35,061.78 Home Initiatives Partner…………... 48,500.00 Special Law Enforcement………….. 8,907.33 Sebring Parkway Maint……………. 711.46 Law Library Trust Fund…………… 2,045.89 Tax Deed Surplus Fund……………. 93,165.00

Payment of bills and employee benefits was authorized on December 22, 2006 for $491,938.72.

A. Request approval to pay all duly authorized bills and employee benefits January 2, 2007. B. Request approval of the minutes of the meetings of the board for December 12th & 19th,

2006. Item will be brought back for approval at upcoming meeting. C. Request approval of the Satisfaction of Mortgage for Michael and Delia Pugh. See Clerk

of Courts Official Records. D. Request approval of the Satisfaction of Mortgage for Harold D. Adams. See Clerk of Courts Official Records. E. Request approval of the Satisfaction of Mortgage for Brandi Lee Fuller. See Clerk of Courts Official Records. F. Request approval of Technical and Clarifying Revision to the 2004-2007 Local Hurricane

Housing Recovery Plan (HHRP) – Lenders such as Habitat may hold the mortgage and the mortgage is a twenty year forgivable mortgage

G. Request approval to Placid Utilities Advisory Committee’s Appointment of Shelagh Byatt as Commercial Representative to the committee. See SMB 48 Page 172.

H. Request approval of RPAC Recommendation Max Long & BA 06-07-59 I. Request to Cancel Outstanding Balance. See SMB 48 Page 173.

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J. Request approval of Task Authorization No. 20 with Post, Buckley, Schuh & Jernigan, Inc. for consulting services relating to the proposed asphalt plant at the County landfill and resolution and budget amendment 06-07-60

K. Request approval of Highlands County Veterans Advisory Board: 1st Amendment to By-Laws (Changing Meeting Date). See SMB 48 Page 174.

L. Request for Payment of Invoice to Tindale-Oliver and Associates without a Purchase Order Invoice No: 1-8 Revised

M. Request for authorization to sign engagement letter for software training. See contracts file under Kronos. N. Request for approval of Acceptance of drainage easement and partial release of mortgage

for Lake Sebring Estates Development Corporation. See Clerk of Courts Official Records.

O. Request Move to Accept and record the development agreement, warranty deed and partial release of mortgage for Hinkle Automotive commercial development. See Clerk of Courts Official Records.

5. ACTION AGENDA

Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve the action agenda as amended and to strike #8 & #9. Upon roll call, all Commissioners voted aye. Motion carried. A. Assistant County Administrator:

1. Request direction on staff needed for 01/09/07 Goal Setting Session Commissioner Stewart commented that this is an open and public meeting and felt that it was not necessary to have Staff present at the goal setting session. Commissioner Jackson suggested that Staff be present. Commissioner Stokes commented that he would like Staff present so they are aware of their goals. Commissioner Maxcy concurred. Rick Helms, Assistant County Administrator, advised that he would have the necessary Staff present as requested by the Board. Commissioner Maxcy advised that they would request the County Administrator, Assistant County Administrator, Board Attorney and someone from the Budget Office to be present at the meeting.

2. Request approval of waving of dumping fees for City of Sebring

Commissioner Stewart questioned if the City or County had pursued getting any grant monies. Vicki Pontius, Parks and Recreation Director, advised she was not aware of any grant applications on behalf of the City of Sebring. Ramon Gavarrete, County Engineer, commented on his meeting with Carl Cool, County Administrator, and Staff from the City of Sebring last week, and application status for the FRDAP grant. Deputy Clerk, Bob Jamison, requested clarification on the acronym FRDAP. Vicki Pontius responded that FRDAP means Florida Recreation Development Assistant Program which is administered by the Department of Environmental Protection. Motion by Commissioner Jackson, seconded by Commissioner Bates, to approve the request of the City to waive the dumping fees. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 177.

3. Impact Fee status report

Rick Helms, Assistant County Administrator, presented his status report on the impact fees. Ramon Gavarrete, County Engineer, gave his report on the status of applications and permits which were submitted. Commissioner Stokes questioned if the Cities were going through the same process with building permits. Helen McKinney, Building Department Administrator, commented

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that the City of Sebring was going through the same process, in regards to building permits. See SMB 48 Page 178.

4. Request approval of RPAC Recommendation Max Long & BA 06-07-59

Rick Helms, Assistant County Administrator, advised that this was Item 4 (H) which was pulled from the consent agenda. Vicki Pontius, Parks and Recreation Director, presented her request and advised $21,638.00 is for the county to use in-house road and bridge labor and equipment to stabilize the current shell drive entrance to the soccer field. Commissioner Stewart questioned if it was going to be a problem using the road and bridge staff for this recreation project and if there was going to be problem using the monies from the infrastructure sales tax. Vicki Pontius advised that there is enough money for this project and staff. Rick Helms, Assistant County Administrator, advised the Board that these monies have been allocated within the CIP for recreation projects and these monies have already been identified. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the RPAC recommendation to expend up to $23,450.00 from the infrastructure account for improvements to the driving and parking surfaces at the Max Long complex, along with accompanying paperwork. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 179.

5. Request approval of Task Authorization No. 20 with Post, Buckley, Schuh & Jernigan, Inc. for consulting services relating to the proposed asphalt plant at the County landfill and resolution and budget amendment 06- 07-60

Rick Helms, Assistant County Administrator, advised that this was Item 4 (J) which was pulled from the consent agenda. Ken Wheeler, Solid Waster Director, presented his request. Commissioner Stewart commented that she wanted to make sure the agreement was already approved in the prior meeting. Ken Wheeler advised that the agreement was previously approved. Motion by Commissioner Stewart, seconded by Commissioner Bates, to authorize Budget Amendment No. 06-07-60 to create Energy Recovery Fund 420, Cost Center 4230, 53100 Professional Services and transfer $35,000 to this cost center from the fund balance of Fund 401. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 175.

6. Request for Payment of Invoice to Tindale-Oliver and Associates without a Purchase Order Invoice No: 1-8 Revised

Rick Helms, Assistant County Administrator, advised that this was Item 4 (L) which was pulled from the consent agenda. Commissioner Stewart questioned if these funds were for legal services for impact fees. Jim Polatty, Development Services Director, stated no and that it was for professional services. Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve request for payment of invoice to Tindale-Oliver and Associates without a Purchase Order Invoice No: 1-8 Revised. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 48 Page 180.

7. Request approval of Technical and Clarifying Revision to the 2004-2007 Local Hurricane Housing Recovery Plan (HHRP) – Lenders such as Habitat may hold the mortgage and the mortgage is a twenty year forgivable mortgage

Rick Helms, Assistant County Administrator, advised that this was Item 4 (F) which was pulled from the consent agenda as listed above. Commissioner Stewart asked the Board Attorney, Ross Macbeth, to explain why these changes were included. Board Attorney, Ross Macbeth, commented that he was looking for consistency between the program and contracts, and the provision on page 3 created a problem which states that this program can’t be used to provide funding. Attorney Macbeth stated that his proposal is to change the inconsistency, and explained the obligations of the

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homeowner. Penny Phillippi, Housing Director, commented they are proposing that if the homeowner holds the mortgage for 20 years, they would not be obligated to pay the mortgage back. Ms. Phillippi also suggested to the Board to have Jane Breylinger come in and make a presentation. Commissioner Stokes advised that he would like to have the presentation from Jane Breylinger because if the mortgage is not forgiven after 20 years, this would put an extra burden on the homeowner. Commissioner Stewart commented that she would like to have the homeowner repay the mortgage after 20 years with no interest. Commissioner Stokes commented that this would be a hardship for the homeowner. Attorney Macbeth commented that the proposal is to have the mortgage forgiven after 20 years. Motion by Commissioner Stokes, as follows: if the homeowner resides at this residence for 20 years, the mortgage would be considered paid off. Motion failed for lack of a second. Commissioner Maxcy instructed Staff to invite Jane Breylinger and schedule a presentation in this regard. See SMB 48 Page 176. Rick Helms, Assistant County Administrator advised that he provided the Board with a map to Blue Head Ranch and a copy of the updated CFS Summary for the upcoming goal setting session.

6. CITIZENS NOT ON THE AGENDA (Five minute time limit) No participants. 7. COMMISSIONERS:

• Commissioner Stewart wished everyone a Happy New Year and reminded the Commission that she will not be present for next week’s board meeting but she will be present at the 1:00 o’clock goal setting session.

• Commissioner Maxcy advised that he would like to turn in a couple of letters to the Clerk

in regards to the Special Exception Request. He reported that the Sheriff came out with a report on the audit and suggested Staff to ask questions and get this in front of the public to report the findings. Commissioner Stokes agreed that the public needs to know the outcome of the audit. Commissioner Maxcy advised Staff to pick a date and confirm it with the Commissioners and get it set as soon as possible and have it publicly noticed. Commissioner Maxcy also reminded everyone about the goal setting session at Blue Head Ranch at 1:00 p.m. See SMB 48 Page 181.

8. RECESS Rick Helms, Assistant County Administrator, requested that this item be stricken. 9. RECONVENE at 1:00 p.m. for a joint meeting with the Natural Resources Advisory Commission for a presentation on Rural Land Stewardship Rick Helms, Assistant County Administrator, requested that this item be stricken.

10. ADJOURN The meeting adjourned at 10:34 A.M.

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REGULAR MEETING OF THE BOARD JANUARY 9, 2007 1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at

600 S. Commerce Ave., Sebring, Florida with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Tonia Rivera

Commissioner Stewart was absent from the meeting. 2. Invocation and Pledge of Allegiance

The meeting opened with a prayer by Commissioner Bates. The Pledge of Allegiance was led by Commissioner Jackson.

3. ANNOUNCEMENTS A. Clerk

Deputy Clerk, Bob Jamison, presented a report of the Clerk of Courts’ Monthly Report of Business Services for December of 2006 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 49 Page 1.

B. Upcoming County meetings:

Jan. 8 1:00 pm HC Planning & Zoning Commission & the Local Planning Agency

Boardroom, 600 S. Commerce Ave., Sebring, Fl

Jan. 9 3:00 pm HC Planning & Zoning Commission & the Local Planning Agency

Boardroom, 600 S. Commerce Ave., Sebring, Fl

Jan. 9 3:00 pm Zoning Board of Adjustment Boardroom, 600 S. Commerce Ave., Sebring, Fl

Jan. 9 1:00 pm Istokpoga Marsh Watershed Committee

Agri-Civic Center 4509 George Blvd, Conference Room 1, Sebring, Fl

Jan. 10 9:30 am Central FL Regional Planning Council

HC Health Dept., 7205 S. George Blvd., Sebring, Fl

Jan. 10 8:00 am Local Mitigation Strategy Working Group

#251, 600 S. Commerce Ave., Sebring, Fl

Jan. 10 9:00 am HC Housing Advisory Committee #1, Ag-Center, 4509 George Blvd., Sebring, Fl

Jan 10 10:00 am HC Community Traffic Safety Team

#3, Ag-Center, 4509 George Blvd., Sebring, Fl

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Jan. 11 6:30 pm Highway Park Neighborhood Preservation & Enhancement District Council

114 Cloverland St., Lake Placid, Fl

B. Other meetings:

The District 6 Federation of Manufactured Housing Homes will meet at Sebring Village, 4343 Shoemaker Road, Sebring, Florida on January 11, 2007 at 9:30 a.m. The Professional Acquisition Committee will meet at 600 S. Commerce Avenue, Room #251, Sebring, Florida on January 10, 2007 at 4:00 p.m. Commissioner Maxcy advised that he would like to have the audit meeting next Wednesday, January 17, 2007 at 9:00 a.m. in the boardroom.

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve the agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 09, 2007 General …………………………………… 271,343.93 County Transportation Trust ……………… 27,024.75 E-911 Operations Fund …………………… 37.94 Local Govt Infra Surtax ……….…………… 252,270.11 Tourist Dev Trust Fund ……………….…… 7,922.95 Comm Development Block ………………… 11,452.91 Affordable Housing Asst …………………… 2,000.00 Hurricane Housing Rec Pro ………………… 4,630.44 Sebring Parkway Maint ……………………… 910.81 Building Code Enfor Fund ……………….…… 418.98 Solid Waste ...………………………………… 118,057.27

Placid Utilities ...……………………………… 15,637.83 Risk Retention Fund ………………………… 12,272.60 Employee Benefit Fund ……………………… 17.86 Tax Deed Surplus Fund ………………………184,420.37 Home Initiatives Partner ……………………. 5,280.00 Highway Park Utility ……………………….. 348.50

B. Request approval of the minutes of the board meeting dated November 28, December 05,

December 12 & 19, 2006. C. Request approval to release a Nuisance on Case # CE 05070128, 3487 E. Old Bombing

Range Rd, Avon Park, Highlands County, FL. See Clerk of Courts Official Records. D. Request approval to release a Nuisance on Case # CE 06020019, 1780 N Fonda Rd, Avon

Park, Highlands County, FL. See Clerk of Courts Official Records. E. Request approval to release a Nuisance on Case # CE 06010192, 6021 Praise Ave, Sebring,

Highlands County, FL. See Clerk of Courts Official Records. F. Request approval to release a Nuisance on Case # CE 06040011, 4637 Cadagua Dr,

Sebring, Highlands County, FL. See Clerk of Courts Official Records.

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G. Request approval to release a Nuisance on Case # CE 06040082, 3806 Rushlo St, Sebring, Highlands County, FL. See Clerk of Courts Official Records.

H. Request approval to release a Nuisance on Case # CE 05060191, 6610 Old Orchard, Sebring, Highlands County, FL. See Clerk of Courts Official Records.

I. Request approval for Satisfaction of Mortgage for Orlando Rodriquez & Delia J. Lopez. See Clerk of Courts Official Records.

J. Request approval for Letter of Agreement – with Highlands Regional Medical Center for Inmate Medical Expenses. See SMB 49 Page 2.

K. Request approval to Resolution requesting and authorizing the Florida Department of Transportation to transfer funds for the FY 2007 through 2011 Five year Transportation work plan from FDOT item Number 414528-1 (Kenilworth Blvd at Airport Rd Bike lane/trail) and item number 405478-1 (Sebring Airport at CR 623 Access Improvement) into item numbers 410277-1; 417399-1; 412566-1; and 409096-1 Totaling $1,818,000.00. See Res. Book 19 Page 215.

L. Request approval and recording of Drainage Easement, along with approval for Highlands County Road and Bridge Department to install pipe in said easement. See Clerk of Courts

Official Records. M. Request approval to purchase a 1995 International roll off/tow truck. See SMB 49 Page 3.

N. Request approval of Resolutions and budget amendments 06-07-65; 66; 67. See Res. Book 19 Page 216. O. Request approval of budget amendment 06-07-49. See SMB 49 Page 4. Q. Request approval of Resolutions and budget amendments 06-07-46; 47; 48; 51; 62; 63. See Res. Book 19 Page 217. 5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to set the action agenda with deletion of item A. Upon roll call, all Commissioners voted aye. Motion carried.

A. Louise England, Industrial Development Authority and Mike Willingham, Sebring Airport Authority: Presentation on Gas Infrastructure for Sebring Airport Industrial Park.

See SMB 49 Page 5. B. Emergency Management Director: Request approval of a grant agreement for the Lake Placid High School Retrofit

Bill Nichols, Emergency Management Director, presented his request. Carl Cool, County Administrator, advised that the Lake Placid High School has been used as a hurricane shelter and it needs to be wind compliant. Commissioner Jackson asked what type of work would be done to the building. Mr. Nichols responded that the walls would be reinforced, better anchoring of the roof to the walls and shutters for the windows. Mr. Cool stated that construction would not begin until the summer of 2008. Commissioner Jackson asked where the money would come from for this project. Mr. Cool advised that it would come from the CIP in the year of 07/08. Commissioner Jackson asked if the building has ever been damaged. Mr. Nichols stated that the building has not been damaged as a result of any of the storms. Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve and execute an agreement between the State of Florida, Department of Community Affairs and Highlands County providing 75% of the cost ($52,000.00) to conduct a study on the Lake Placid High School buildings and approve a budget amendment providing for the 25% local match ($17,500.00) from contingency funds. Upon roll call, all Commissioners voted aye, except Commissioner Jackson who voted nay. Motion carried. See SMB 49 Page 6.

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C. County Administrator: 1. Request approval of budget amendment 06-07-64 decreasing fund 110 Reserve for Contingency

Carl Cool, County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the item listed above. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 7.

2. Request approval of budget amendment 06-07-56 decreasing fund 005 Reserve for Contingency

Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the item listed above. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 8. 6. CITIZENS NOT ON THE AGENDA Don Moroney requested a waiver on paying the impact fee. Commissioner Maxcy advised that it’s not easy to exempt anyone from paying the impact fee and suggested that he meet with Carl Cool, County Administrator.

7. COMMISSIONERS Commissioner Maxcy reminded the Board to get with Staff, on the findings of the audit and reminded all, that they are scheduled to meet on this issue on January 17, 2007 at 9:00 a.m. in the board room. 8. RECESS The meeting recessed at 9:51 a.m. 9. 1:00P.M. RECONVENE AT THE AGRI-CIVIC CENTER AUDITORIUM, 4509 GEORGE BOULEVARD, SEBRING, FL Commissioner Stewart arrived at the meeting at 1:00 p.m. 10. GOAL SETTING SESSION Commissioner Maxcy called roll and all Commissioners were present. Carl Cool, County Administrator, advised that the public was properly noticed in regards to the goal setting session. Mr. Tommy Todd, General Manager and Chief Executive Officer from Glades Electric, facilitated the goal setting exercise. Input was received from County Commissioners and public. Items covered in this session were the following: strengths, challenges/weaknesses, threats and opportunities. Commissioner Maxcy advised that the next meeting on the goal setting issue will be next Tuesday at 2:00 p.m. at the Agri-Civic Center. See SMB 49 Page 9. 11. ADJOURN The meeting adjourned at 4:00 P.M.

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REGULAR MEETING OF THE BOARD JANUARY 16, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at

600 S. Commerce Ave., Sebring, Florida with the following members present:

C. Guy Maxcy Carl Cool Barbara Stewart Bob Jamison Edgar Stokes J. Ross Macbeth

Andrew Jackson Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance

The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Commissioner Bates.

3. ANNOUNCEMENTS A. Clerk No report

B. Upcoming County meetings: 9:00 a.m. Jan. 18 Illegal Dump Task Force #251, 600 S. Commerce Ave., Sebring,

Florida 10:30 a.m. Jan. 18 Keep Highlands Co. Beautiful Board of

Directors #251, 600 S. Commerce Ave., Sebring, Florida

3:00 p.m. Jan. 18 HC Business Accelerator Board EDC Office, 2113 US 27 S., Sebring, Florida

4:00 p.m. Jan. 18 HC Library Board Sebring Public Library, 319 W. Center, Sebring, Florida

8:00 a.m. Jan. 19 HC Enterprise Zone Development Agency Champion Community Board

EDC Office, 2113 US 27 S., Sebring, Florida

8:30 a.m. Jan. 22 HC Lakes Association Tourist Tax Projects Committee

4344 George Blvd., Sebring, Florida

C. Other meetings:

Public Service Announcement for a temporary closing of road. Please be advised that due to the funeral procession of Highway Patrol Sgt. Sottile, the northbound traffic on U.S 27 will be closed from 2:00 p.m. to 4:00 p.m. today, January 16, 2007 at CR 621 East. Detours will be posted. Southbound traffic on U.S. 27 should expect delays between this time from SR 66 to CR 621 east. SMB 49 Page 11. Goal Setting Session which was scheduled for today at 2:00 p.m. at the Agri-Civic Center has been canceled and will be rescheduled. Commissioner Jackson advised the Board that he has depositions in the morning at 9:00 a.m. and will be late for the meeting scheduled for tomorrow morning at 9:00 a.m. Commissioner Stewart commented that this meeting is very important and she would like all Commissioners present for the entire duration of the meeting. Commissioner Maxcy advised the Board to be present at 9:00 a.m. and

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then they will reconvene at 12:00 p.m. Carl Cool, County Administrator advised that it will be a conflict to have this meeting televised in the afternoon because the college has a class beginning at 12:00 noon. Commissioner Stewart commented that she would like this to be televised in the evening for the public. Carl Cool, County Administrator said that it would be recorded and distributed to the cable company. Goal Setting Session has been rescheduled at the Agri-Civic Center for Tuesday, February 13, 2007 at 1:00 p.m. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to approve the consent agenda as amended. Upon roll call, call Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 16, 2007. No check report due to financial systems being down. Subsequent confirmation

indicated no warrants were required to be paid. B. Request approval of the minutes of the board meetings dated January 2, 2007. C. Request approval of Satisfaction of Mortgage for Sanny B. Carter. See Clerk of Courts Official Records. D. Request approval of Satisfaction of Mortgage for Kathy K. Stacy. See Clerk of Courts Official Records. E. Request approval of Satisfaction of Mortgage for Margaret A. Smith. See Clerk of Courts Official Records. F. Request approval of Satisfaction of Lien Case # CE 04100074. See Clerk of Courts Official Records. G. Request approval of DCA Search for Community Services Block Grant. See SMB 49 Page 12. H. Request approval of Deductive Change Order #2 – LaGrow Irrigation (Sports Complex). See SMB 49 Page 13. I. Request approval of Consulting Contract with Marilyn Nicholls. This item was pulled. See SMB 49 Page 14. J. Request approval of Budget amendments 06-07-61. See SMB 49 Page 15. K. Request approval of Resolution & budget amendments 06-07-68; 69;70;71;72; and 75. See Res. Book 19 Page 217. L. Request approval of Execution of City of Avon Park Recreation Interlocal for FY 06-07. See SMB 49 Page 16. M. Request approval on Update on Lake Denton Boat Ramp. This item was moved to the

action agenda. N. Request approval of recording of the map and directory of roads and streets maintained

by Highlands County Road & Bridge Department. See SMB 49 Page 17 & See Clerk of Courts Official Records.

O. Request approval of Utility easement from the Tomoka Heights Owners Association, Inc. to the County for the Placid Utilities water/sewer system in Tomoka Heights on Wintergreen Trail. See Clerk of Courts Official Records.

P. Request approval of Plat Recordation of Caladium Ranch Estates Section 03 Township 37 South Range 30 East. See SMB 49 Page 18 and Plat Book 16 Page 97.

5. ACTION:

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Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Sheriff Susan Benton, Presentation – Quarterly Report & 2006/2007 Fee Schedule Sheriff Susan Benton presented a Quarterly Report of the Highlands County Sheriff’s office & 2006/2007 Fee Schedule giving some quarterly information collected from the Law Enforcement Bureau and the Detention Bureau. Commissioner Stewart requested that the Sheriff explain the JASA program. Sheriff Benton commented that this is called the Jail Alternative for Substance Abuse which is an intense, focused, short term solution, drug and alcohol program for qualifying Highlands County jail inmates. See SMB 49 Page 19.

B. Jane Breylinger, Executive Director, Highlands County Habitat, Presentation requesting donation of approximately 20 acres of Sheriff’s Tower Road, Sebring, Florida, strap #C28342905003400000

Jane Breylinger, Executive Director with Highlands County Habitat for Humanity, gave a power point presentation, summarizing the need of housing for low income families in Highlands County and the economic impact and the need for more land to continue building homes for these families. Dale Breylinger, Tim Blackman, Fred Keiber and Penny Phillippi, Housing Director, spoke in support of this issue. Carl Cool, County Administrator, advised the board that they had to consider the 20 acres off of Sheriff’s Tower Road, could be used for the future location of the asphalt plant due to the high quality sand that is on the site or donate it to Highlands County Habitat for future housing for low income families. Commissioner Stewart had a concern on the appearance of this future community, with an asphalt plant and trucks passing by the future sports complex. Commissioner Stokes commented that it’s a big decision for the Board and suggested they get together and look at other properties to donate to Highlands County Habitat before a decision is made on the donation of the 20 acres off of Sheriff’s Tower Road. Commissioner Maxcy advised Staff to setup a meeting on February 6, 2007 to discuss the economic impact and costs and other possible sites elsewhere to donate to Highlands County Habitat. See SMB 49 Page 20. Break 11:12 a.m. – 11:25 a.m.

C. Jim Polatty, Development Services Director, Presentation for proposed Zoning Change, Avon Park Lake Estates

Jim Polatty, Development Services Director, presented his request and advised that this was previously heard on December 19, 2006 which was continued for today to resolve issues concerning the PD resolution and the hearing is as follows: HEARING # 1889 – AVON PARK LAKE ESTATES, LCC. – C/O GARY ROSEN Approximately 124 acres located on the East shore of Lake Pioneer North of Avon Park and abbreviated legal as follows: Approximately 124.31 acres located in Sec. 11, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 PD (Multiple Dwelling district with a Planned Unit Development). Applicant desires to construct a residential development and no letters have been received in opposition. Mr. Polatty also advised the board that the resolution needs to be corrected because it’s identifying Highlands Road and it should be Geneva Road and other typographical errors. Carl Cool, County Administrator, suggested that the name, Avon Park Lakes Estates, to be changed because of the possibility of confusion with Avon Park Lakes and Avon Park Estates which already exist. Mr. Polatty suggested to Mr. Rosen that he should consider renaming it to avoid confusion. Gary Rosen, advised the Board that he would be glad to consider the renaming of this planned development to avoid confusion. Commissioner Stewart suggested three changes in the resolution and she questioned if the City of Avon Park had any concerns and Mr. Polatty

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advised that they are aware of it but no comment was received. Motion by Commissioner Jackson, seconded by Commissioner Stewart, in accordance with the Planning and Zoning Commission move to adopt by Resolution P&Z 1889, amending the Zoning Atlas from AU (Agricultural) to R-3 PD (Multiple Family district with a Planned Unit Development) for 124.31 acres, referencing the mandatory findings and becoming effective as provided by law and to incorporate all the changes which were discussed and agreed upon. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 218.

D. Bernis Gainer, OMB Director: Recommendation for the Establishment of an Audit Committee

Bernis Gainer, Jr., OMB Director, presented his request to establish an Audit Committee and request to choose a representative for this Committee, selected by the Board. Carl Cool, County Administrator, read a portion of the Florida Statute into the record. Board Attorney, Ross Macbeth, recommended that the motion be amended to read, having the minimum membership required by Section 218.391(2), Florida Statutes, and the board will have to appoint the member. Motion by Commissioner Stewart, seconded by Commissioner Stokes, move to appoint the Audit Committee having the minimum membership required by Sec 218.391(2), Florida Statutes for Highlands County Board of County Commissioners for establishing qualifications of auditors and presenting a recommendation to the Board of County Commissioners. Upon roll call, call Commissioners voted aye. Motion carried. Carl Cool, County Administrator, advised the Board that they needed to appoint a member. Motion by Commissioner Stewart, seconded by Commissioner Jackson, move to appoint Commissioner Bates as the representative of the Audit Committee. Commissioner Maxcy then suggested to have a Committee made up by the Board, Clerk, CPA and a business leader to establish a timeline of priorities and management responses for an internal audit which would be presented to the Committee and he stated that the Clerk and the Board would be better served if an internal audit was driven by a Committee. See SMB 49 Page 21.

E. County Administrator: 1. Request approval of budget amendment 06-07-74 decreasing fund 180 Reserve

for Contingency Carl Cool, County Administrator, presented the request. Commissioner Stewart expressed concern about the number of positions being filled. Fred Carino, Human Resources Director, advised that all full time positions have been filled and one temporary position filled. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve budget amendment 06-07-74. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 22.

2. Presentation of John Minor Carl Cool, County Administrator, presented the request. Rick Helms, Assistant County Administrator, advised that John Minor was selected to be the future Human Resources Director. Fred Carino, Human Resources Director, commented that he will be retiring after working with the public for 37 years and he presented Mr. Minor. John Minor gave a brief history and background of his abilities. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to appoint John Minor as the Human Resources Director. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 23.

3. Discussion on Capital Financial Strategy

Carl Cool, County Administrator, advised the Board that they needed permission to move ahead on projects on the Parks & Recreation Building, Sheriff’s Law Enforcement Building Phase I and the Supervisor of Elections Building. Commissioner Stewart commented that she would like a list of

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projects with their needs before anything is approved. Commissioner Stokes advised that the needs for the Parks & Recreation Building have been addressed. Vicki Pontius, Parks and Recreation Director, advised the Board that this is not a new project and that it has been Capital Improvement Plan since 2002 and this would be building a new metal building to house all maintenance equipment. Commissioner Stokes commented that this needs to be addressed today. Mr. Cool commented that he has three projects that they need to move ahead with and this is the most urgent one. Jack Richie spoke in support of this project. Motion by Commissioner Jackson, seconded by Commissioner Stewart, move to authorize the, County Administrator, to move forward with the Parks & Recreation Building. Upon roll call, all Commissioners voted aye. Motion carried. Carl Cool, County Administrator, presented his request to move ahead and prepare a contract on a new Sheriff’s Law Enforcement Building Phase I. Motion by Commissioner Stewart, seconded by Commissioner Bates, to proceed with the Sheriff’s Law Enforcement Building Phase I. Upon roll call, call Commissioners voted aye. Motion carried. Carl Cool, County Administrator, presented his request to move ahead and prepare a contract on a new Supervisor of Elections Building. Commissioner Stewart stated that this is very premature and she would like to have a list of requirements before proceeding with this project. Commissioner Stokes advised that this is an immediate need for the Supervisor of Elections. Motion by Commissioner Stokes, motion died for the lack of a second. Commissioner Jackson stated that the Supervisor of Elections needs to give the Board direction on his needs. See SMB 49 Page 24.

4. Approval of a Resolution of the Board of County Commissioners of Highlands County, Florida regarding the proposed Heartland Parkway

Carl Cool, County Administrator, presented this request. Motion by Commissioner Jackson, seconded by Commissioner Bates, to adopt this resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 219.

5. Request approval on update on Lake Denton Boat Ramp This item was moved from the consent agenda Item M for discussion. Commissioner Stewart advised they could discuss this issue at another time since it was just a report and no action is needed. See SMB 49 Page 25. 6. CITIZENS NOT ON THE AGENDA (Five minute time limit) No participants. 7. COMMISSIONERS: Commissioner Stewart requested that the Board Attorney, Ross Macbeth, get back with the Board on the Ordinance on the water restrictions with SWFWMD, if it applies countywide. Board Attorney, Ross Macbeth advised that this Ordinance is in effect countywide. Commissioner Stewart advised Carl Cool, County Administrator, to make this clear to the newspaper that the restrictions of SWFWMD are now effective countywide, not just in the SWFWMD area and to also check into having the board meeting re-broadcasted in the evening. 8. RECESS 9. 2:00 PM RECONVENE AT THE AGRI-CIVIC CENTER AUDITORIUM, 4509 GEORGE BLVD, SEBRING. This item was canceled.

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10. GOAL SETTING SESSION. This item was canceled. 11. ADJOURN Meeting adjourned at 12:47 P.M.

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Special Meeting of the Highlands County Board of County Commissioners January 17, 2007 at 9:00 a.m. (Audit Meeting)

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission

Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: C. Guy Maxcy L.E. “Luke” Brooker Edgar Stokes Carl Cool

Barbara Stewart Bob Jamison Andrew Jackson J. Ross Macbeth

Barbara Stewart Rick Helms Don Bates Antonia Rivera

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Board Attorney, Ross Macbeth. The Pledge of Allegiance was led by Commissioner Stewart.

Commissioner Maxcy advised the Board and the public that Commissioner Jackson’s depositions were canceled and he was present for the meeting.

Carl Cool, County Administrator, advised that this meeting was publicly noticed and a Proof of Publication was provided to the Clerk to be made a permanent part of the record for this meeting. 3. RECESS The meeting recessed at 9:10 A.M.

4. RECONVENE at 12:00 P.M. for the Special Audit Meeting 5. DISCUSSION OF PROCEDURES FOR THE MEETING Commissioner Maxcy advised that the purpose of the meeting today is to discuss internal audit findings completed on the Highlands County Libraries. L.E. Luke Brooker, Clerk of the Court, advised he is duly authorized to be the accountant, recorder and the auditor to the Board of County Commissioners. He stated that he authorized the official audit of the library and the Library Cooperative. That the audit was under his direction and he signed and issued the audit report and stands by this report. He commented that they conducted this audit by the same internationally accepted professional standards and ethics that they have been following for years and he stated he has directed his Staff to conduct a follow-up audit on this audit in the future which is normal. He stated he has directed Staff to continue to conduct audits on the Board of County Commissioners. He also stated he & his Staff were asked by Board of County Commissioners to attend this meeting today and we do not plan to engage in a point/counter point debate on the findings. He commented that they are present to answer questions and ask questions, as deemed appropriate. Clerk’s Attorney, Jim Lobozzo, commented on the procedures for today and explained the duties and powers of the Clerk of the Court. 6. PRESENTATION OF COMMENTS BY STAFF

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Carl Cool, County Administrator, advised that he would like to explain basic fundamental background information and he asked Mike Carter, CPA, to be present to discuss some of this information. Rick Helms, Assistant County Administrator, asked Mr. Carter about his qualifications and about audits. Mike Carter, CPA for NCT, gave his credentials and explained audits. Mary Myers, Highlands County Library Director and Cooperative Coordinator for the Heartland Cooperative, presented all the members of Governing Board for each of the 4 participating counties. Charlie Parker, Executive Director with the Tampa Bay Library Consortium, Inc., explained what a Cooperative is, why the state encourages Cooperatives and he explained the computer filtering system. Gladys Roberts, Polk County Cooperative Director, explained how the weeding process works and the relationship with Friends of the Library for other counties. Break 1:02 P.M. – 1:12 P.M. 7. DISCUSSION OF ISSUES

A. Carl Cool, County Administrator, discussed issues including pornographic and gambling websites, audit meetings, the Sheriff’s report, the library areas and computer filtering.

Ginger McClure, former librarian, spoke about the children’s area at the Highlands County Library.

Commissioner Bates questioned if children are prohibited to go into any other section of the library. Mary Myers, Highlands County Library Director, advised that they are not prohibited but they have a policy that any child under the age of 10 has to be accompanied by an adult.

Commissioner Stewart questioned if they are able to view the children’s area from the office behind the front desk. Mary Myers, Highlands County Library Director, advised that they are able to see the children.

B. Carl Cool, County Administrator, discussed the missing computers.

Commissioner Jackson asked where the computers were when they were looking for them. Sandy Butler commented that they were at another library and Mary Myers concurred. Gerald Secory, General Services Director, and Sandy Butler described the inventory process

and the new inventory procedures that they are now using.

C. Carl Cool, County Administrator, discussed the issue of missing money and surplus money.

D. Carl Cool, County Administrator, discussed his responses to the audit findings.

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E. Carl Cool, County Administrator, discussed the removal of books and the weeding process.

Mary Myers, Highlands County Library Director, explained the weeding process. Break 2:30 P.M. – 2:40 P.M.

F. Carl Cool, County Administrator, discussed the dispensing of confidential audit information. Ross Macbeth, Board Attorney, discussed the exemption of a public records production in an audit. G. Carl Cool, County Administrator, advised that he would like to discuss the goals of the meeting today. He commented on the goals that he would like to accomplish which are to show the

quality and integrity of our libraries, show the correct operations of libraries and prove the safety of the children who go to the libraries.

7. QUESTIONS AND ANSWERS Attorney, Jim Lobozzo, commented on the meetings which were held with Carl Cool, County Administrator and L.E. Luke Brooker, Clerk of Court. He also addressed the issue of pornographic websites accessed by employee’s computers which was located in the children’s section of the library during operating hours. Rick Helms, Assistant County Administrator, and Carl Cool Administrator asked questions about he pornographic websites. Bob Jamison, Deputy Clerk, James Lobozzo, Clerk’s Attorney, and Anthony Qualls, Clerk’s IT Security Officer, responded to the questions. 8. CITIZENS NOT ON THE AGENDA Pubic input was received from Jack Richie. Commissioner Stewart commented that she had not been informed of any draft audit findings and responses prior to the report. Public input was received from Catherine Bergens, Ed Kilroy, Ann Holly, Dorothy Cohen, Catherine W. Hatfield, Ken Wheeler, Gabriel Reid and Mary Criswell. 9. COMMISSIONERS Commissioner Bates stated the following: “I intend to make a motion at the end of my presentation and I will hold that motion until all the other Commissioners have spoken. Mr. Richie took me off the hook somewhat and he put me back right on it. I view my role as Commissioner not as one to go over each of these findings although I have spent a number of hours reviewing and studying each of the documents that have come out and I do believe that it is my role to view the audit as a whole not to look at individual findings but to look at the audit as a whole and I believe that I have the right to expect and demand the deficiencies noted be corrected and I have the right to expect and demand that recommendations for changes be taken seriously. I believe the findings and the recommendations should be used to build on the extremely fine system that we have in Highlands County. Having said this, I would like to clarify if you don’t know what my position is, I fully respect the Clerk’s responsibility, authority and obligation to perform audits and I feel that provides a necessary check and balance that we don’t have in any other part of our local county government and finally, I fully expect our County Administrator to ensure this Board that those policies are followed. As a new

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Commissioner, and my honeymoon is about over and I have been here 58 days, I’m disappointed in what I have observed in my first 58 days. The fighting that this audit has created between the Board Administrator and the Clerk’s office is junior high behavior. It appears that we have lost sight of the fact that we as elected officials have as our primary responsibility to answer to our citizens. Today’s parade of he said and she said and the assembly of experts and witnesses to prove or justify one’s position do not serve the public but the vested interest of a few positions and responsibilities. For one Commissioner, I have heard enough and I have a motion that I want to make but I will at the end of the conclusion of the other Commissioners comments.” Commissioner Jackson stated the following: “I would like to agree with what Commissioner Bates just said. I think the auditors have taken a pretty big beating today from a lot of people on a lot of issues but I think we have to keep in mind that there were approximately 60 findings and approximately 40% were concurred with which are going to improve the system. I think we need to look at the positive issues that can come out of this, that we have a better system and we can all be proud of our Cooperative and also our library system which can always be improved. Apparently, there were a lot of issues that need to be improved on.” Commissioner Stokes stated the following: “It’s all been said.” Commissioner Stewart stated the following: “I would like to add a couple more things. I think today was very informative and interesting. Unfortunately, it really didn’t address the issues at hand and as Mr. Bates said the issue really is the audit. The audit is a very important part of the checks and balances and it helps hold all of us accountable to the public. We have a great responsibility to provide oversight in our county government to make sure that we are responsible to the public as well as our organization. We also need to make sure that we are accountable to the public. I was one of the three that did take the time to go look at the backup. The Clerk’s audit did show a few things which were disgusting links such as pornography but what concerned me, perhaps equally if not more, was the lack of adequate and weak internal controls, the violations of policies and procedures, and noncompliance with our policies and procedures. That being said, I feel that it could have been handled very quickly, relatively easily and it should have been handled that way. It should have never stretched out and reach the point that it has reached. I do look to addressing it positively from this point forward but I do need to point out that I was very distressed by the pervasive atmosphere which was evident in the emails, in conversations which showed the lack of respect for the Clerk of Courts who is an elected official, not taking the audit seriously, down playing the importance of accountability to the public and using work computers to circulate rumors and criticize the auditors work and that is all that I will say on that. I look forward to moving forward and addressing these issues and one thing that I would like to point out to Mr. Jackson that 40% concurred however, even where the management concurred, they might have said that we concur but then when you read further, you see that they really didn’t concur. I understand that we are ultimately responsible but I also hold our senior management responsible and we need to move forward and we need to address these very serious issues in a positive way and get it done immediately and I will see what Mr. Bates’ motion is.” Commissioner Maxcy stated the following: “I would like to say on my behalf that I am not certainly going to indict Staff and I don’t think they need indicting or indict our libraries because I don’t think they need indicting and I don’t think the Clerk needs indicting. It’s very unfortunate that the circumstances that we’ve had because of lack of communication on both parts, I don’t know, but we have a heck of a mess here over the last two to three months and I haven’t enjoyed it either so rather than point fingers at anyone, I would hope that we would do what I said before and that is to try to provide a way in which we can have an internal audit that we can all buy into and get along with and

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that we can have an internal audit like Mr. Richie said, that we can have an audit that has some timelines that everyone must respond to and get back and forth with each other. We lost a lot of respect in each other, the Clerk and this Board, some members of this Board and I would like to apologize for that and just say, we as community leaders need to step up to the plate to rectify and make good what should be a great thing for our county and that is audits. We can all agree that audits are good things and there are some things in this audit that we’re making some changes and we welcome an audit and I’m sure staff welcomes an audit as well. But to sit here and indict upper management or whatever based on what has been going on for the last three months of this audit, I’m not going to do that. I will expect staff to stay to the highroad and the Clerk to stay to the highroad like you’re doing and let’s get together and try and come up with some type of system by which we all can negotiate this and get along a lot better and I would like to see exit consultation and exit meetings with the Board and I would like to see in writing meetings that we need to have in a timely fashion, what your feelings are to that and let’s get into what is the role of the auditor and what should be the role of staff and get this more on a level playing field in regards to this. I wish this would never happen again and it’s been devastating to some people and I know some people that have had some major mental issues with this, some older friends of mine. I don’t think this is good for our county so I beg of staff and I beg of our library folks and we as Commissioners, community leaders and Mr. Brooker, as the Clerk and with his staff, Bob and the auditing staff, that we do come together and make this work if this is what you want to do and if you want to try the internal audit for our libraries and let’s make it work. In my view in the last 14 years, we’ve had a few audits by our internal audit by the Clerk and it hasn’t worked and we just have had blood baths and I’m just tired of it. I would like to see us work together on that and I will be pushing for a system that will be fair to all and that we all can work together and that’s what I’m going to push for a system for that and come up with a Committee that will advise the Board on timelines and the qualifications of auditors or just however everybody thinks. The Clerk can sit on the Committee, the Board can sit on the Committee, a CPA will be on the Committee to inform us of things that need to be done. I just hope we don’t have another audit like this and I really feel for our libraries and I felt for our EMS team and I didn’t say anything about it back then but now’s the time to make some changes to make this better for our county so that is all I have to say and I guess we’ll turn it back over to Mr. Bates or to this Board for action.” Commissioner Bates stated “My comments earlier were not an indictment of anyone, administrative or the Clerks office. However, I would like to move that this Commission, through it’s Chairman, direct our administrator to immediately sit down with a representative from the Clerk’s office and one outside individual, jointly agreed upon, and to work to resolve the remaining issues contained in this audit. Additionally, my motion asks the Chairman to request the full cooperation and assistance from the Clerk’s office. Finally, the motion requires that a report be presented back to this Board and to the public not later than Tuesday, January 30, 2007. Motion by Commissioner Bates, seconded by Commissioner Stewart. Commissioner Stewart asked if it would be up to the Commission to appoint the outside person. Commissioner Bates commented that his intention was it would be jointly agreed upon by Mr. Brooker and the Chairman.” Commissioner Maxcy asked if he would be out of line to ask the Clerk if he accepts. L.E. Luke Brooker, Clerk of Court, stated he would have to be asked what he accepts because the Board can’t require him to do this. Commissioner Bates stated that his motion was a request for his support and cooperation and not required, it was a request. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stewart commented that she had a copy of a letter which was a public records request from Staff, it’s Mr. Helms to the Clerk’s office and they received a copy of that from the Clerk’s counsel, Mr. Lobozzo and Mr. Lobozzo asked if Commissioners authorized this request and she didn’t remember authorizing this request and they are talking about a positive response in moving forward

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and when you read this public records request, it doesn’t read as anything positive and she can’t figure out what it would accomplish positively. She also stated: “I’m not sure, obviously we do have the authority, we have the authority to direct our County Administrator to withdraw that request and actually I would like to put that in a motion. I move that this Commission require Mr. Cool to withdraw this request to the Clerk of the Courts and the request is dated January 10, 2007.” Motion by Commissioner Stewart, seconded by Commissioner Jackson. Public input was received from Cathy Bergens and Krista Harris in opposition. Commissioner Bates stated that, Rick Helms, wrote the letter and asked the Board to give him an opportunity to say why he did and what he wanted and thinks it’s only fair to give him the opportunity to respond. Commissioner Maxcy asked Mr. Helms if he cared to respond at this time. Rick Helms, Assistant County Administrator, stated that there was a statement that was made in the audit that said that this audit was prepared according to auditing standards. Those questions relate directly to those auditing standards and what the requirements are, that relate to internal audits. Commissioner Jackson stated at this point: “What good would come out of this?” Mr. Helms stated that it would be information that would determine whether or not those standards were complied with. Commissioner Jackson commented that wouldn’t it be a better thing to meet with the Clerk and discuss these sorts of things rather than demand public records. Mr. Helms stated that they could request another meeting with the Clerk, as we have, three or four times in the past. Commissioner Jackson stated that: What the Commission wants to see is a good working relationship with the Clerk and with all the constitutional officers and let’s see if we can work together in a positive way.” Carl Cool, County Administrator stated: “Commissioner Jackson was right, if we intend to use the data that was requested, we would have used it today and we didn’t use it today and you know what we said and we came into the meeting with the absolute intention to not say any disparaging things about the Clerk’s office and we came here to try and explain what the county library system has been doing and we’ve tried to do that and we’ve tried to show the Board what was in the standards and brought the people that know what the standard is but I agree with Commissioner Jackson that at this point in time, if we wanted to use that information, it would have been at this meeting and I don’t see a meeting coming up like this again so we don’t need the information and if you want to pass the motion, that’s okay but we are publicly withdrawing the request at this point in time.” Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 26. 10. ADJORN Meeting adorned at 4:37 p.m.

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REGULAR MEETING OF THE BOARD JANUARY 23, 2007 & JANUARY 24, 2007 1. The meeting was called to order at 9:00 A.M. on January 23, 2007 in the Board of County

Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Rick Engler. The Pledge of Allegiance was led by Antonia Rivera from the Clerk’s office. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings:

Jan. 24 7:30 a.m. Children’s Services Council 1000 S. Highlands Avenue, Sebring, Florida

Jan. 24 10:00 a.m. Heartland Library Cooperative 205 W. Interlake Blvd., Lake Placid, Florida

Jan. 25 9:00 a.m. HC Housing Advisory Committee 501 S. Commerce Ave., Sebring, Florida

Jan. 25 10:00 a.m. Lake Istokpoga Management Committee

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

Jan. 25 2:30 p.m. Recreation & Parks Advisory Committee

#213, 505 S. Commerce Ave., Sebring, Florida

Jan. 29 8:30 a.m. HC Housing Authority 2300 Hope Circle, Sebring, Florida

Jan. 31 4:00 p.m. Natural Resources Advisory Commission

Engineer’s Training Room, 501 S. Commerce Ave., Sebring, Florida

C. Other meetings:

This meeting was publicly noticed as a two day meeting. The Board meeting has been re-broadcasted on the following evening at 8:00 p.m. Library audit will be re-broadcasted on Friday, January 26, 2007 at 8:00 p.m. The Value Adjustment Board meeting will meet here in the Boardroom on Thursday, January 25, 2007 at 9:30 a.m. Chairman, C. Guy Maxcy, L.E. Brooker, Clerk of Court, Bob Jamison, Deputy Clerk, Carl Cool, County Administrator, had a meeting in regards to the audit yesterday and the next meeting is scheduled for Monday, January 29, 2007 and a report will be given to all the Commissioners.

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4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits January 23, 2007. General ……………………………….. 1,761,207.27 County Transportation Trust ………. 30,886.27 Local Govt Infra Surtax …………….. 392,121.15 Tourist Dev Trust Fund …………….. 4,207.98 Solid Waste ...………………………… 58,900.72

Placid Utilities ...……………………... 121,704.72 Highway Park Utility ………………... 2,634.60 Intergovt Radio Communication …… 22,084.20 Sebring Parkway Maintenance …….. 1,150.00 Risk Retention Fund ………………… 2.96 Employee Benefit Fund ……………… 3.63 Tax Deed Surplus Fund ……………… 240,328.76 Legal Aid ……………………………… 3,437.27 Affordable Housing Asst …………….. 143.08 Home Initiatives Partner …………….. 18,500.00 Hurricane Housing Rec Pro …………. 11,430.24 Fire Inspection ………………………... 35.18 Law Library Trust Fund …………….. 494.00 Court Tech 28.24 (12) (E) 1 ………….. 4,094.86 Building Code Enfor Fund …………… 8,160.05 HCISSRB Construction Fund ……….. 39,780.40

B. Request approval of a Satisfaction of Mortgage for Muriel Newsome. See Clerk of Courts Official Records.

C. Request approval to Designate Parcel as Surplus and Place into the Affordable Housing Land Bank. See SMB 49 Page 27.

D. Request approval of a Satisfaction of Lien on Case # 89-06-183, 3633 Bethune Rd., Sebring, Highlands County, Florida. See Clerk of Courts Official Records.

E. Request approval of Non-Emergency Transport License for Sunnyvale Vans, Inc. See SMB 49 Page 28. F. Request approval of Move to accept and record the warranty deed and partial release of

mortgage for Klohn Tower Plaza commercial development. See Clerk of Courts Official Records.

G. Request approval to Authorize Right of Entry Agreement with Avon Park Aeromodelers Inc. for portion of the Closed Avon Park Landfill. This item was moved to the action agenda.

H. Request approval of Highlands County 2005-2007 HHAP Technical and Clarifying Revisions to the Hurricane Housing Recovery Housing Assistance Plan. This item was moved to the action agenda.

I. Request approval of Change Order No. 1 with KDL Underground and Development, Inc. for alternate No. 2 of the Lake June Road Watermain extension project for the construction of the Lake Stearns Road watermain extension and budget amendment 06-

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07-76 with resolution transferring $31,476.00 from utility fund 402/3999100Z fund balance unreserved to utility fund 402/102/56300Z/Project improvements. See SMB 49 Page 29 & Res. Book 19 Page 220.

5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Maria Sutherland, City of Avon Park, Proposed Interlocal Agreement – North Elementary School – ED CDBG 2006

Corbett Alday, Guardian Consultanting, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the item listed above. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 30.

B. Supervisor of Elections Joe Campbell: Discussion on Space Needs Study

Joe Campbell, Supervisor of Elections, presented his request on his needs for additional space. Commissioner Jackson questioned the amount of square footage needed. Mr. Campbell advised that he would need 9000 to 10,000 square feet. Commissioner Maxcy, Commissioner Stewart and Commissioner Bates commented that a space needs study needs to done by Mr. Campbell and bring it back to the board for review. Commissioner Maxcy advised Mr. Campbell that he needed to provide the board with a list of his immediate needs, available spaces that could be utilized for storage and a proposal from a professional on the cost on assisting him on his space needs and have it back to the Board in two weeks.

C. Request approval to Authorize Right of Entry Agreement with Avon Park Aeromodelers Inc. for portion of the Closed Avon Park Landfill

Commissioner Stewart questioned the status of the Sebring Club. Ken Wheeler, Solid Waste Director, said that the Sebring Club advised him that they wanted to terminate the agreement, effective January 1, 2007. Commissioner Stewart asked if the Sebring Club signed it and Mr. Wheeler stated yes. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve item listed above. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 31.

D. Request approval of Highlands County 2005-2007 HHAP Technical and Clarifying Revisions to the Hurricane Housing Recovery Housing Assistance Plan

Commissioner Stewart questioned the wording in the revision presented to the Board. Penny Phillippi, Housing Director, commented that they would be agreeable to amend the wording in the revision. Commissioner Stewart commented that the Board Attorney, Ross Macbeth, would need some time to work on the motion. Commissioner Maxcy suggested a ten minute break so Mr. Macbeth could amend the wording on the revision. Break 10:14 a.m. – 10:30 a.m. Cont’d (Item D) Board Attorney, Ross Macbeth, stated that the changes would read as follows in the revision: A deferred principal payment, zero percent (0%) interest rate, non amortizing second mortgage due upon the sale, transfer or disposition of the property either voluntary or involuntary, or when the qualified homeowner ceases to occupy the home as his or her principal residence. This mortgage representing HHRP funds is provided to the homeowners and is placed on the properties in the name of the Highlands County Board of County Commissioners. Mortgage buy-down funds cannot be included as

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part of a second “equity” mortgage to homebuyers. Except as otherwise provided in this paragraph this mortgage will remain on the property until the first mortgage is paid in full, or after it’s originally stated maturity, by the qualified home owner at which time it will be considered paid in full. Motion by Commissioner Stokes, seconded by Commissioner Bates to adopt the HHRP revision as read into the minutes by the County Attorney. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 32.

6. PUBLIC HEARING: Revised – Second Public Hearing, Enabling Resolution and

Commitment Letter for CDBG ED – 2006. Penny Phillippi, Housing Director, presented the request and proof of publication was entered into the record. Corbett Alday, Guardian Consultanting, commented on the changes of the application and requested approval from the Board. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to approve the revised application for funds in the fiscal year 2006 CDBG category of economic development as prepared and presented and included in the packet. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 221. 7. PUBLIC HEARING: Public Hearing to request placement of a Notice of Lien on Case # CE

05040206, 514 Valencia St., Sebring, Highlands County, Florida. Jim Polatty, Development Services Director, pulled this item from the agenda. See SMB 49 Page 33. 8. PUBLIC HEARING: Public Hearing for proposed Zoning Changes, Small Scale Plan

Amendments, and large scale plan amendments. Seventeen (17) zoning changes, thirteen (13) small scale plan amendments, six (6) large scale plan amendments including one (1) County initiated large scale plan amendment, and one (1) County initiated zoning change, are on the Board of County Commissioners Agenda for January 23 and 24, 2007. The zoning changes agenda items were heard by the Planning and Zoning Commission on January 8 and 9, 2007.

10A) HEARING #CPA-07-416SS –SOUTH FLORIDA WATER MANAGEMENT

DISTRICT AND JOHN AND NANCY LEADINGHAM – C/O ENGELHARDT, HAMMER & ASSOCIATES, INC. Approximately 5.1 acres located North of Kissimmee River Shores Mobile Home Subdivision and East of the Lockett Estate on Boondock Road, and abbreviated legal as follows: Located in Sec. 8, Twp. 36S, Rge. 33E, Highlands County, Florida. Request: A small scale plan amendment from (Conservation/Management Lands) to (Agricultural.)

10B) HEARING #1884 –SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND JOHN AND NANCY LEADINGHAM – C/O ENGELHARDT, HAMMER & ASSOCIATES, INC. Legal description as stated above (Item #10A.) Request: A zoning change from CM (Conservation/Management Lands district) to AU (Agricultural.) Applicant desires to construct a single family dwelling.

Jim Polatty, Development Services Director, presented the request. Ethel Hammer, Engelhardt, Hammer & Associates, Inc., representing the applicant, commented on the background on the Leadingham’s. Commissioner Maxcy asked if anyone was against this project. Mr. Polatty commented that he had one letter against. Commissioner Stewart questioned the access off of CR 721. Ms. Hammer advised that it is a public and private road. Motion by Commissioner Stewart, seconded by Commissioner Stokes, MOVE TO ADOPT BY ORDINANCE CPA-07-416SS AMENDING THE FUTURE LAND USE MAP FOR 5.1 ACRES FROM CONSERVATION/MANAGEMENT LANDS

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TO AGRICULTURE; AND TO ADOPT BY RESOLUTION P&Z 1884 AMENDING THE ZONING ATLAS FOR 5.1 ACRES FROM CM (CONSERVATION MANAGEMENT LANDS) TO AU (AGRICULTURAL), REFERENCING THE MANDATORY FINDINGS AND BECOMING EFFECTIVE AS PROVIDED BY LAW. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 34, Res. Book 19 Page 222 & Ordinance Book 12.

1A) NEW BUSINESS: HEARING #CPA-07-404LS – SUNRISE UNITED INC. Approximately 27 acres located behind the Oak Hill Cemetery West of St. John Street and North of U.S. 27 in Lake Placid, and abbreviated legal as follows: Located in Sec. [30, Twp. 36S, Rge. 30E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (High Density Residential.)

1B) NEW BUSINESS: HEARING #1898 – SUNRISE UNITED INC. Legal description as stated above (Item #1A.) Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district) and B-3 (Business district.) Applicant desires to construct assisted living townhouse and assisted living homes.

Jim Polatty, Development Services Director, presented the request. Commissioner Stewart commented on her concern that there isn’t anything to indicate that this is an assisted living facility, no limitation of the number of housing units and access to site. Rafat Ghaznavi, representing the applicant, showed the Commissioners the access onto the site. Commissioner Stewart commented that this request is premature due to the lack of information and no input from the Town of Lake Placid. Public input was received from Debra Worley and Rick Engler. Commissioner Stewart suggested to table this case and suggested to make this a PD including residential and the commercial to make sure that the two are linked in the terms of ingress/egress. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to table CPA-07-404LS and P&Z Hearing #1898 to the County Commission Public Hearing to be held on June 26, 2007 at 9:00 a.m. or soon thereafter. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 35.

2) NEW BUSINESS: HEARING #CPA-07-405SS – STEVEN F. GOYETTE AND SHERRY

W. GOYETTE – C/O SCOTT R. LECONEY Approximately 8.5 acres located on the Northeast corner of the intersection of S.R. 66 and Silver Road, and abbreviated legal as follows: the parcels are located in Sec. 22, Twp. 35S, Rge. 28E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Commercial).

Jim Polatty, Development Services Director, presented the request. Bert Harris, representing the applicant, presented the request and advised that he objects to conditions 1, 2, 4 and 5 and only agreed to number 3 and 6. Commissioner Stewart commented on her concern on the northern lots intruding into the neighborhood. Mr. Harris commented that the owners would agree to combine the lots north and south so they would be restricted to only two parcels. Commissioner Maxcy asked if there were any letters for or against. Mr. Polatty commented no. Motion by Commissioner Stewart to deny, CPA-07-405SS, and include the mandatory findings of fact that the proposed amendment is sprawl and is not consistent with uses in the area and that the amendment is not consistent with the comprehensive plans specifically meeting the description of sprawl. Motion died for the lack of a second. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve IN ACCORDANCE WITH THE P&Z RECOMMENDATION, MOVE TO ADOPT #CPA-07-405SS BY ORDINANCE, AMENDING THE FUTURE LAND USE MAP FROM AGRICULTURE TO COMMERCIAL, REFERENCING THE MANDATORY FINDINGS, AND BECOMING EFFECTIVE AS PROVIDED BY LAW, AND INCLUDING THE FOLLOWING CONDITIONS AS MODIFIED BY STAFF TO

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REFLECT PREVIOUS COUNTY COMMISSION DIRECTIVES: Upon roll call, all Commissioners voted aye, except Commissioner Stewart who voted nay. Motion carried. See SMB 49 Page 36 & See Ordinance Book 12. Conditions: 1. Central potable water and central wastewater service shall be required. 2. No interconnectivity shall be allowed with the surrounding residential subdivision. 3. The applicant shall dedicate additional rights-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 at the time of development. 4. The property shall be considered as a single project for purposes of development review and approval under County Codes. 5. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 6. Water use permits and withdrawal facilities for existing and future permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations. Lunch Break 12:00 P.M. – 1:15 P.M.

5A) HEARING #CPA-07-408SS – SOUTHERN LIFESTYLE ALF OF LAKE PLACID FL. – C/O RICK WHIDDEN Approximately 2.26 acres on the North side of U.S. 27, across from Florida Hospital, Lake Placid, and abbreviated legal as follows: Located across from Florida Hospital, Lake Placid, Florida. Request: A small scale plan amendment from (Agricultural) to (Commercial.)

5B) HEARING #1875 - SOUTHERN LIFESTYLE ALF OF LAKE PLACID, FL. – C/O RICK WHIDDEN Legal description as stated above (Item #5A.) Requesting a zoning change from AU (Agricultural) to B-3 (Business district.) Applicant desires to construct doctor’s offices.

Jim Polatty, Development Services Director, presented the request. Rick Whidden, representing the applicant, briefly explained the request. Commissioner Stewart questioned why they were asking for a B3 if they are building doctor’s offices. Chuck Oaks, the owner, addressed her question. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to MOVE TO ADOPT BY ORDINANCE CPA-07-408SS AMENDING THE FUTURE LAND USE MAP FOR 2.25 ACRES FROM AGRICULTURE TO COMMERCIAL; AND TO ADOPT BY RESOLUTION P&Z 1875 AMENDING THE ZONING ATLAS FOR 2.25 ACRES FROM AU (AGRICULTURE) TO B-3 (BUSINESS DISTRICT), REFERENCING THE MANDATORY FINDINGS, AND BECOMING EFFECTIVE AS PROVIDED BY LAW, INCLUDING THE FOLLOWING CONDITIONS AS MODIFIED BY STAFF TO REFLECT PREVIOUS COUNTY COMMISSION DIRECTIVES: Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 37, Res. Book 19 Page 223 & Ordinance Book 12. Conditions: 1. Central potable water and central wastewater service from a public provider shall be required. 2. The applicant shall dedicate additional rights-of-way as required by the County Engineer in order to

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meet the requirements of the Long Range Transportation Plan, the Land Development Regulations, the Highlands County Technical Standards Manual, and the Capital Improvements Program at the time of development. 3. The property shall be considered as a single project for purposes of development review and approval under County Codes. 4. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 5. Water use permits and withdrawal facilities for permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations. 3A) HEARING #CPA-07-406SS – RANDALL R. AND EYDEE GRICE – RICK WHIDDEN

Approximately 9.3 acres located on the South side of Kenilworth Blvd. just North of the intersection with Peters Road, and abbreviated legal as follows: Located in Sec. 34, Twp. 34S, Rge.29E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Medium Density Residential.)

3B) HEARING #1873 - RANDALL R. AND EYDEE GRICE – RICK WHIDDEN Legal description as stated above (Item #3A.) Request: A zoning change from AU (Agricultural) to R-1 FUD (Residential district with a Flexible Unit Development.) Applicant desires to construct single family dwellings.

Jim Polatty, Development Services Director, presented the request. Rick Whidden, representing the applicant, briefly presented his request. Mike Brown, representing the applicant, presented a power point presentation on the future Kenilworth Estates. Commissioner Stewart questioned who is going to be responsible for the operation and the maintenance of the amenities. Mr. Brown commented that it would be maintained through a homeowner’s association. Public input was received from Raegan Rothchilde and Sara Ramer in opposition to this issue. Commissioner Stewart spoke on her concern of high density. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve PURSUANT TO THE P&Z RECOMMENDATION, MOVE TO ADOPT BY ORDINANCE CPA-07-406SS AMENDING THE FUTURE LAND USE MAP FOR 9.34 ACRES FROM AGRICULTURE TO MEDIUM DENSITY RESIDENTIAL; REFERENCING THE MANDATORY FINDINGS, AND BECOMING EFFECTIVE AS PROVIDED BY LAW, AND INCLUDING THE FOLLOWING CONDITIONS AND TO ADOPT BY RESOLUTION P&Z 1873 AMENDING THE ZONING ATLAS FOR 9.34 ACRES FROM AU (AGRICULTURE) TO R-1 FUD (RESIDENTIAL DISTRICT WITH FLEXIBLE UNIT DEVELOPMENT), AND THAT APPROVAL REFLECTS WHAT’S CONTAINED IN THE RESOLUTION INCLUDED IN OUR PACKET WITH THE ADDITION OF THE MINIMUM DEVELOPMENT STANDARDS WHICH WERE SUBMITTED TODAY BY THE DEVELOPER WHICH WERE IN THE POWER POINT PRESENTATION PRESENTED TODAY AND THE REVISED CONCEPTUAL PLAN WHICH WAS CONTAINED ON PAGE 5 OF THE POWER POINT PRESENTATION TODAY WHICH SHOWS THE MAJOR ENTRANCE ON PETERS ROAD AND IT WOULD INCLUDE ALL THE PROVISIONS ON PAGE 3, 4, AND PAGE 5. Commissioner Maxcy commented on his concern of land profiling. Commissioner Bates commented on his concern of density. Upon roll call, all Commissioners voted aye, except Commissioner Bates and Commissioner Maxcy, who voted nay. Motion carried. See SMB 49 Page 38, Res. Book 19 Page 224 & Ordinance Book 12. Conditions: 1. Central potable water and central wastewater service is to be required.

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2. Interconnectivity to the proposed development to Peters Road. 3. The applicant shall dedicate additional rights-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 at the time of development. 4. The property shall be considered as a single project for purposes of development review and approval under County Codes. 5. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 6. Water use permits and withdrawal facilities for permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations. 7. The development shall meet the County’s recreation LOS through one of the following options: a. Provide public parks on site, b. Make a payment in-lieu of dedication of park land (with the approval of the County Commission), c. Dedicate park land to the County (with the approval of the County Commission). 8. The development shall be in compliance when all school concurrency is required. Break 3:27 P.M. – 3:38 P.M.

4A) HEARING #CPA-07-407SS – SCHULMAN INVESTMENT GROUP, LLC. – C/O RICK WHIDDEN Approximately 9.9 acres located on the East side of C.R. 17, just North of the Railroad tracks in DeSoto City area, and abbreviated legal as follows: Located in Sec. 11, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small scale plan amendment from (Agricultural) to (Low Density Residential.)

4B) HEARING #1874 - SCHULMAN INVESTMENT GROUP, LLC. – C/O RICK WHIDDEN Legal description as stated above (Item #4A.) Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires to construct single family dwellings.

Jim Polatty, Development Services Director, presented the request. Rick Whidden, representing the applicant, briefly presented his request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, TO MOVE TO ADOPT BY ORDINANCE CPA-07-407SS AMENDING THE FUTURE LAND USE MAP FOR 9.99 ACRES FROM AGRICULTURE TO LOW DENSITY RESIDENTIAL; AND TO ADOPT BY RESOLUTION P&Z 1874 AMENDING THE ZONING ATLAS FOR 9.99 ACRES FROM AU (AGRICULTURE) TO EU (ESTATE DISTRICT), REFERENCING THE MANDATORY FINDINGS, AND BECOMING EFFECTIVE AS PROVIDED BY LAW, INCLUDING THE FOLLOWING CONDITIONS AS MODIFIED BY STAFF TO REFLECT PREVIOUS COUNTY COMMISSION DIRECTIVES: Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 39, Res. Book 19 Page 225 & Ordinance Book 12. Conditions: 1. Central potable water and septic tanks. 2. Total number of units shall be limited to 13 units and the minimum lot size shall be half an acre. 3. The applicant shall dedicate additional rights-of-way as required by the County Engineer in order

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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 at the time of development. 4. The property shall be considered as a single project for purposes of development review and approval under County Codes. 5. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 6. Water use permits and withdrawal facilities for permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations. 7. The development shall meet the County’s recreation LOS through one of the following options: a. Provide public parks on site, b. Make a payment in-lieu of dedication of park land (with the approval of the County Commission), c. Dedicate park land to the County (with the approval of the County Commission).

6A) HEARING #CPA-07-411SS – ROBERT CRUSE AND ROSA LEE CRUSE – C/O

CLIFFORD R. RHOADES Approximately 5 acres located on the Northwest corner of Kenilworth Boulevard and Peters Road, and abbreviated legal as follows: located in Sec. 34, Twp. 34S, Rge. 29E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Medium Density Residential.)

6B) HEARING #1879 – ROBERT CRUSE AND ROSA LEE CRUSE – C/O CLIFFORD R. RHOADES Legal description as stated above (Item #6A.) Request: A zoning change from AU (Agriculture) to R-2 (Two-Family Dwelling district.) Applicant desires to construct single family and/or duplexes.

Jim Polatty, Development Services Director, presented the request. Commissioner Maxcy questioned if this needed to be tabled. Mr. Polatty stated yes. Motion by Commissioner Jackson, seconded by Commissioner Bates, to MOVE TO CONTINUE TO MARCH 13, 2007, AT 9:00 A.M. OR AS SOON THEREAFTER AS POSSIBLE IN THE BOARD OF COUNTY COMMISSION CHAMBERS. See SMB 49 Page 40.

7A) HEARING #CPA-07-412SS – JORDAN CORP., LLC. – WILLIAM J. NIELANDER, P.A. Approximately 1/2 acres located on the East side of U.S. 27, 3/4 of a mile North of S.R. 70, and abbreviated legal as follows: Located in Sec. 33, Twp. 37S, Rge. 30E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Commercial.)

7B) HEARING #1877 – JORDAN CORP., LLC. – WILLIAM J. NIELANDER, P.A. Legal description as stated above (Item #7A.) Request: A zoning change from R-1 (Residential district) to B-2 (Limited Business district.) Applicant desires to operate a real estate office.

Jim Polatty, Development Services Director, presented the request. Bill Neilander, representing the applicant, briefly presented his request. Commissioner Stewart commented on the concern of spot zoning. Mr. Neilander commented on her concern. Motion by Commissioner Stewart, move to deny

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CPA-07-412SS, amending the future land use map for 0.689 acres from “Agriculture” to “Commercial,” and to deny P&Z 1877 amending the zoning atlas for 0.689 acres from AU “Agriculture” to B2 “Limited Business District”. Motion died for lack of a second. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to MOVE TO ADOPT BY ORDINANCE CPA-07-412SS, AMENDING THE FUTURE LAND USE MAP FOR 0.689 ACRES FROM “AGRICULTURE” TO “COMMERCIAL,” AND TO ADOPT P&Z 1877 BY RESOLUTION AMENDING THE ZONING ATLAS FROM R-1 (RESIDENTIAL DISTRICT) TO B-2 CU (LIMITED BUSINESS DISTRICT WITH A CONDITIONAL USE) WITH THE ZONING CONDITIONED TO OFFICE USES AS PER 12.05.241 (B) (5) OF THE LAND DEVELOPMENT REGULATIONS, REFERENCING THE MANDATORY FINDINGS, AND BECOMING EFFECTIVE AS PROVIDED BY LAW AND INCLUDING THE FOLLOWING CONDITIONS AS MODIFIED BY STAFF TO REFLECT PREVIOUS COUNTY COMMISSION DIRECTIVES: Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See SMB 49 Page 41, Res. Book 19 Page 226 & Ordinance Book 12. Conditions: 1. Central potable water and central wastewater service shall be provided by a public entity. 2. No interconnectivity shall be allowed with the surrounding residential subdivision. 3. The applicant shall dedicate additional rights-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 at the time of development. 4. The property shall be considered as a single project for purposes of development review and approval under County Codes. 5. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 6. Water use permits and withdrawal facilities for permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations.

8A) HEARING #CPA-07-413SS – AVON PARK ESTATES CORP./DONALD B. SOLDINI – C/O THOMAS L. NUNNALLEE Approximately 2.4 acres located on two parcels on either side of Avon Park Estates Blvd., at the intersection with S.R. 64. Request: A small scale plan amendment from (Low Density Residential) to (Commercial.)

8B) HEARING #1880 – AVON PARK ESTATES CORP./DONALD B. SOLDINI – C/O THOMAS L. NUNNALLEE Legal description as stated above (Item #8A.) Request: A zoning change from EU (Estate district) to B-3 (Business district.) Applicant desires to operate a gas station and a shopping center.

Jim Polatty, Development Services Director, presented the request. Thomas Nunnallee, representing the applicant, briefly presented his request. Motion by Commissioner Stewart, seconded by Commissioner Bates, IN ACCORDANCE WITH THE P&Z RECOMMENDATION, MOVE TO DENY CPA-07-413SS AND TO DENY P&Z 1880, REFERENCING THE MANDATORY FINDINGS. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who voted nay. Motion carried. See SMB 49 Page 42.

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9A) HEARING #CPA-07-415SS – DELLA H. BISHOP – C/O RICK WHIDDEN

Approximately 3.5 acres located in two parcels on either side of Lake Ridge Drive at the intersection with U.S. 27, South of Lake Placid, and abbreviated legal described as follows: Located in Sec. 17, Twp. 37S, Rge. 30E, Highlands County, Florida. Request: A small scale plan from (Medium Density Residential) to (Commercial.)

9B) HEARING #1883 – DELLA H. BISHOP – C/O RICK WHIDDEN - Legal description as stated above (Item #9A.) Request: A zoning change from R-1 (Residential district) to B-3 (Business district.) Applicant desires the permitted B-3 uses.

Jim Polatty, Development Services Director, presented the request. Rick Whidden, representing the applicant, briefly presented his request. Pete McDevitt commented on the history of the property. Public input was received by James Hill, Walt Courtney, Dennis Rutledge and Lanny Allen spoke in opposition to this issue and provided the Commissioners with a copy of their petition and photos for reference. Commissioner Bates questioned if it would be possible to establish a 50 foot natural buffer between the commercial and residential. Mr. Whidden commented that they would be agreeable to a buffer 50 foot on the easterly property lines. Motion by Commissioner Stewart, seconded by Commissioner Bates, MOVE DENIAL OF #CPA-07-415SS, AMENDING THE FUTURE LAND USE MAP FOR 3.55 ACRES FROM AGRICULTURE TO COMMERCIAL, AND TO DENY P&Z 1883 AMENDING THE ZONING ATLAS FOR 3.55 ACRES FROM R-1 (RESIDENTIAL DISTRICT) TO B-3 (BUSINESS DISTRICT). Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 43.

10A) HEARING #CPA-07-416SS –SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND JOHN AND NANCY LEADINGHAM – C/O ENGELHARDT, HAMMER & ASSOCIATES, INC. Approximately 5.1 acres located North of Kissimmee River Shores Mobile Home Subdivision and East of the Lockett Estate on Boondock Road, and abbreviated legal as follows: Located in Sec. 8, Twp. 36S, Rge. 33E, Highlands County, Florida. Request: A small scale plan amendment from (Conservation/Management Lands) to (Agricultural.)

10B) HEARING #1884 –SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND JOHN AND NANCY LEADINGHAM – C/O ENGELHARDT, HAMMER & ASSOCIATES, INC. Legal description as stated above (Item #10A.) Request: A zoning change from CM (Conservation/Management Lands district) to AU (Agricultural.) Applicant desires to construct a single family dwelling.

Jim Polatty, Development Services Director, moved this item to be heard first. Commissioner Jackson left the meeting at 5:20 P.M.

11A) HEARING #CPA-07-417SS – GREEN AVON PARK, LLC. – C/O ROBERT S. SWAINE OF SWAINE, HARRIS & SHEEHAN, P.A. Approximately 5.8 acres located on the East shore of Lake Anoka South of Hal McRae Blvd. in Avon Park, and abbreviated legal as follows: Located in Sec. 27, Twp. 33S, Twp. 28E, Highlands County, Florida. Request: A small scale plan amendment from (Medium Density Residential) to (High Density Residential.)

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11B) HEARING #1885 - GREEN AVON PARK, LLC. – C/O ROBERT S. SWAINE OF SWAINE, HARRIS & SHEEHAN, P.A. Legal description as stated above (Item #11A.) Request: A zoning change from R-1 (Residential district) to R-3 (Multiple Dwelling district.) Applicant desires to construct single family dwellings and multiple dwelling units.

Jim Polatty, Development Services Director, presented the request. Bob Swaine, representing the applicant, briefly presented his request. Commissioner Stewart questioned the density of the area. for both parcels of the development. Mr. Swaine commented that the density is 6.4. Commissioner Stewart commented on her concern of the interconnectivity. Motion by Commissioner Stewart, seconded by Commissioner Bates, MOVE TO ADOPT BY ORDINANCE CPA-07-417SS AMENDING THE FUTURE LAND USE MAP FOR 5.84 ACRES FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL; AND CONTINUE THE ZONING ATLAS AMENDMENT FOR 5.84 ACRES FROM R1 (RESIDENTIAL DISTRICT) TO R3 (MULTIPLE FAMILY DWELLING INCLUDING MOTEL AND HOTEL DISTRICT) UNTIL A R3 FUD REZONING APPLICATION IS PREPARED UNTIL MARCH 27, 2007 AT 9:00 AM OR AS SOON THEREAFTER IN THE COUNTY COMMISSION CHAMBERS, REFERENCING THE MANDATORY FINDINGS FOR CPA-07-417SS AND BECOMING EFFECTIVE AS PROVIDED BY LAW AND INCLUDING THE FOLLOWING CONDITIONS AS MODIFIED BY STAFF TO REFLECT PREVIOUS COUNTY COMMISSION DIRECTIVES: Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 44 & Ordinance Book 12. Conditions: 1. Central potable water and central wastewater service from a public provider shall be required. 2. Density shall be limited to a maximum of 58 units. 3. Interconnectivity shall be required. 4. The applicant shall dedicate additional rights-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 at the time of development. 5. The property shall be considered as a single project for purposes of development review and approval under County Codes. 6. This property shall be developed with the property immediately to the west consisting of approximately of three acres . 7. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 8. Water use permits and withdrawal facilities for permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations. 9. The development shall meet the County’s recreation LOS through one of the following options: a. Provide public parks on site, b. Make a payment in-lieu of dedication of park land (with the approval of the County Commission), c. Dedicate park land to the County with the approval of the County Commission). 9. COMMISSIONERS No report.

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10. RECESS The meeting recessed at 5:46 P.M. 11. RECONVENE The meeting reconvened on Wednesday, January 24, 2007 at 9:00 a.m. All Commissioners were present for this meeting. 12. Invocation and Pledge of Allegiance The meeting opened with a prayer by Jim Polatty, Development Services Director. The Pledge of Allegiance was led by Rick Whidden.

12A) HEARING #CPA-07-419SS – JAMES P. AND SUEZETTE EGAN, AND DANIEL R. AND KAREN KOPPEN – C/O RICK WHIDDEN Approximately 5 acres located at the end of Cooper Road, just South of Town and Country Mobile Estates, and abbreviated legal as follows: Located in Sec. 5, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small scale plan amendment from (High Density Residential) to (Commercial.)

12B) HEARING #1887 – JAMES P. AND SUEZETTE EGAN, AND DANIEL R. AND KAREN KOPPEN – C/O RICK WHIDDEN Legal description as stated above (Item #17A.) Request: A zoning change from AU (Agricultural) to B-3 (Business district.) Applicant desires to construct mini-warehouses.

Jim Polatty, Development Services Director, presented the request. Rick Whidden, representing the applicant, briefly presented his request. Jeff Hensley, Developer, commented on the wetlands and the environmental issue. Commissioner Bates questioned how many units were going to be constructed. Mr. Hensley commented a total of 100 to 108 units. Mr. Polatty commented on having them obtain an environmental resource permit. Carl Cool, County Administrator, commented on the unstable soil on this property. Commissioner Stewart commented that this was a poor location for this project. Commissioner Bates commented that the residents would benefit from the storage facilities. Commissioner Jackson commented that he had no problems with the property being used for storage units. Public input was received by Rick Engler. Commissioner Stokes commented that this needs to be postponed until they bring in more information. Motion by Commissioner Stokes, seconded by Commissioner Bates, move to table it to March 27, 2007. Upon roll call, all Commissioners voted aye. Motion carried. Board Attorney, Ross Macbeth, stated that if there were going to table this issue, it would have to be to date and time and place not just tabling it to the 27th of March, 2007. Motion by Commissioner Stokes, seconded by Commissioner Bates, THE HEARING PREVIOSLY VOTED ON THE 27TH OF MARCH, 2007 BE HELD ON MARCH 27, 2007 AT 9:00 A.M. OR AS SOON THEREAFTER IN THE COUNTY COMMISSION CHAMBERS. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 45.

13A) HEARING #CPA-07-420SS – LEWIS POLLARD, JR., MARY SUE POLLARD, VELDA C. WALKER NEGLEY, VADEN L. POLLARD AND HELEN FAYE POLLARD – C/O BERT J. HARRIS, III OF SWAINE, HARRIS & SHEEHAN, P.A. Approximately 9.6 acres located on the South side of Boat Ramp Road, between Highlands Lake Drive and Lake Istokpoga, and abbreviated legal as follows: Located

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in Sec. 34, Twp. 36S, Rge. 30E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Low Density Residential.)

13B) HEARING #1888 – LEWIS POLLARD, JR., MARY SUE POLLARD, VELDA C. WALKER NEGLEY, VADEN L. POLLARD AND HELEN FAYE POLLARD – C/O BERT J. HARRIS, III OF SWAINE, HARRIS & SHEEHAN, P.A. Approximately 10.1 acres located on the South side of Boat Ramp Road, between Highlands Lake Drive and Lake Istokpoga, and abbreviated legal as follows: Located in Sec. 34, Twp. 36S, Rge. 30E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) and R-1 (Residential district) to EU (Estate district.) Applicant desires to construct single family dwellings.

Jim Polatty, Development Services Director, presented the request. Commissioner Jackson declared a conflict of interest. A Memorandum of Voting Conflict was entered into the record. Kim Sapp, representing the applicant, briefly presented her request. Board Attorney, Ross Macbeth, suggested that the legal description be checked to make sure it was the correct one. Mr. Polatty commented that he would have it checked. Commissioner Stewart commented on her concerns of Lake Istokpoga and requested drain fields on the site. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to table this hearing until the legal description has been checked and that will be at 10:15 a.m. or whatever time thereafter, as soon as possible after that, on January 24, 2007, in the County Commission Boardroom. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained. Motion carried. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to remove it from the table. Upon roll, call Commissioners voted aye, except Commissioner Jackson, who abstained. Mr. Polatty commented that legal description which was advertised in the newspaper was correct and in the Resolution but the legal description in the Ordinance was incorrect and has to be corrected. Motion by Commissioner Stokes, Motion by Bates, MOVE TO ADOPT BY ORDINANCE CPA-07-420SS AMENDING THE FUTURE LAND USE MAP FOR 9.6 ACRES FROM AGRICULTURE TO LOW DENSITY RESIDENTIAL; AND TO ADOPT BY RESOLUTION P&Z 1888 AMENDING THE ZONING ATLAS FOR 9.6 ACRES FROM AU (AGRICULTURE) AND R-1 (RESIDENTIAL DISTRICT) TO EU (ESTATE DISTRICT) REFERENCING THE MANDATORY FINDINGS AND BECOMING EFFECTIVE AS PROVIDED BY LAW, INCLUDING THE FOLLOWING CONDITIONS AS MODIFIED BY STAFF TO REFLECT PREVIOUS COUNTY COMMISSION DIRECTIVES AND CORRECT THE LEGAL DESCRIPTION IN THE ORDINANCE. Motion by Commissioner Stewart, seconded by Commissioner Bates, to amend the motion which would read: The septic tanks drain fields shall be located to the extent possible at the higher elevations on site and in the zurich uplands areas as opposed to the cutthroat seep and wetlands areas. Upon roll call, all Commissioners voted aye, except Commissioner Stokes and Commissioner Maxcy who voted nay, and Commissioner Jackson who abstained. Commissioner Maxcy advised that the amendment failed and advised to poll the Board on the previous motion. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained. Motion carried. See SMB 49 Page 46, Res. Book 19 Page 227 & Ordinance Book 12. Conditions: 1. The property shall be considered as a single project for purposes of development review and approval under County Codes. 2. The Applicant shall dedicate additional rights-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 at the time of development. 3. A traffic study will be required using Highlands County approved methodology.

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4. Water use permits and withdrawal facilities for permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations. 5. The development shall meet the County’s recreation LOS through one of the following options: a. Provide public parks on site, b. Make a payment in-lieu of dedication of park land (with the approval of the County Commission), c. Dedicate park land to the County (with the approval of the County Commission).

14A) HEARING #CPA-07-421SS – SIM USA INCORPORATED – C/O GARTH S. WINSOR Approximately 1/4 acres located on Ivory Coast Street in the Sim Development on Scholosser Road, and abbreviated legal as follows: Located in Sec. 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small scale plan amendment from (Medium Density Residential) to (High Density Residential.)

14B) HEARING #1890 – SIM USA INCORPORATED – C/O GARTH S. WINSOR Legal description as stated above (Item #14A.) Request: A zoning change from R-2 (Two-Family Dwelling district) to R-3 (Multiple Dwelling district.) Applicant desires to construct additional rooms to the existing adult living facility.

Jim Polatty, Development Services Director, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stewart, TO MOVE TO ADOPT BY ORDINANCE CPA-07-421SS AMENDING THE FUTURE LAND USE MAP FOR 0.25 ACRES FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL; AND TO ADOPT BY RESOLUTION P&Z 1890 AMENDING THE ZONING ATLAS FOR 0.25 ACRES FROM R2 (TWO-FAMILY DWELLING DISTRICT) TO R3 (MULTIPLE FAMILY DWELLING INCLUDING MOTEL AND HOTEL DISTRICT), REFERENCING THE MANDATORY FINDINGS, AND BECOMING EFFECTIVE ACCORDING TO LAW. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 47, Res. Book 19 Page 228 & Ordinance Book 12.

15) HEARING #1892 – SEBRING LOYAL ORDER OF MOOSE – C/O CHARILIE CERVANTES Approximately 2.8 acres located on the South side of U.S. 98, just East of Tubbs Ranch Road, and abbreviated legal as follows: Located in Sec. 23, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to B-2 (Limited Business district.) Applicant desires to add on to existing club.

Jim Polatty, Development Services Director, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Bates, TO MOVE TO ADOPT BY RESOLUTION P&Z 1892 AMENDING THE ZONING ATLAS FOR 2.8 ACRES FROM AU: AGRICULTURE TO B2 COMMERCIAL DISTRICT, REFERENCING THE MANDATORY FINDINGS AND BECOMING EFFECTIVE AS PROVIDED BY LAW. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 48 & Res. Book 19 Page 229. Break 10:30 A.M. – 10:42 A.M.

16A) HEARING #CPA-07-424LS – HICKORY LAKE ESTATE LLC.

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Approximately 54 acres located at the end of Womble Road about 1.7 miles East of U.S. 27, located in Sec. 23, Twp. 38S, Rge. 30E, Highlands County, Florida. Request: A small scale plan from (Agriculture) to (Low Density Residential.)

16B) HEARING #1893 – HICKORY LAKE ESTATE LLC. Legal description as stated above (Item #16A.) Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires to construct single family dwellings. See SMB 49 Page 49.

Jim Polatty, Development Services Director, withdrew this request.

17A) HEARING #CPA-07-425LS – ROBERT R. LUCAS AND CAROL HUTCHINSON – C/O BERT TYLER PARSLEY Approximately 15 acres located West of River Greens Golf Course on the South side of Sunpure Road, and abbreviated legal as follows: Located in Sec. 4, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (High Density Residential.)

17B) HEARING #1894 – ROBERT R. LUCAS AND CAROL HUTCHINSON – C/O BERT TYLER PARSLEY Legal description as stated above (Item #17A.) Request: A zoning change from AU (Agricultural) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires multiple dwelling units.

Jim Polatty, Development Services Director, presented the request and advised that the rezoning was tabled until March 10, 2007, which is a Saturday. Mr. Polatty advised that the applicant is requesting a waiver on the fees of re-advertising the ad in the newspaper. Commissioner Stewart was not agreeable to waiving the fees. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to not waive the advertising fees for cost of CPA-07-425LS and Hearing #1894. Upon roll call, all Commissioners voted aye. Motion carried. Mr. Polatty continued his presentation. Commissioner Stewart commented on her concerns of no input from the City of Avon Park. Motion by Commissioner Stewart, seconded by Commissioner Jackson, TO MOVE TO TABLE CPA-07-425LS AMENDING THE FUTURE LAND USE MAP FOR 15 ACRES FROM AGRICULTURE TO HIGH DENSITY RESIDENTIAL TO JUNE 26, 2007 AT 9:00 A.M. OR AS SOON THEREAFTER, AT THE BOARD OF COUNTY COMMISSION CHAMBERS. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 50.

18A) HEARING #CPA-07-426LS – PLACID ESTATES LLC AND JOSEPH AND SHINY GEORGE – C/O BOGGS & BUTCHER ENGINEERING, LLC. Approximately 35 acres located East of Cloverleaf Road at the East end of Pine Ridge Drive, North of Lake June, and abbreviated legal as follows: Located in Sec. 23, Twp. 36S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (Low Density Residential.)

18B) HEARING #1895 - PLACID ESTATES LLC AND JOSEPH AND SHINY GEORGE – C/O BOGGS & BUTCHER ENGINEERING, LLC. Legal description as stated above (Item #18A.) Request: A zoning change from AU (Agricultural) to EU PD (Estate district with a Planned Unit Development.) Applicant desires to construct single family dwellings.

Jim Polatty, Development Services Director, presented the request. Nick Nickols, representing the applicant, briefly presented his request. Public input was received from Douglas Isenhour and Jeff Stanley in opposition to this issue. Motion by Commissioner Stewart, seconded by Commissioner

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Stokes, MOVE TO TABLE CPA-07-426LS AMENDING THE FUTURE LAND USE MAP FOR 35 ACRES FROM AGRICULTURE TO LOW DENSITY RESIDENTIAL UNTIL JUNE 26, 2007 AT 9:00 A.M. OR AS SOON THEREAFTER, AT THE BOARD OF COUNTY COMMISSION CHAMBERS. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 51.

19) HEARING #CPA-07-427LS – MARY JANE NAGEON DELESTANG – C/O SUNBELT HOMES INC. – ANDRE N. DESTANG/ PRESIDENT Approximately 49 acres located on the South side of Mike Kahn Road, between DeSoto City Road and C.R. 17S, and abbreviated legal as follows: Located in Sec. 3, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (Medium Density Residential.)

Jim Polatty, Development Services Director, presented the request. Tracey Mullins, representing the applicant, briefly presented his request. Commissioner Stewart questioned why the City of Sebring didn’t comment on this issue. Mr. Polatty commented that it was sent to the City Manager for comment and no comment was received. Commissioner Stewart questioned the city boundary. Andre Destang gave a brief explanation. Commissioner Stewart asked how this is justified that this is not sprawl. Mr. Mullins addressed her question. Motion by Commissioner Stokes, seconded by Commissioner Jackson, MOVE TO APPROVE CPA-07-427LS AMENDING THE FUTURE LAND USE MAP FOR 49 ACRES FROM AGRICULTURE TO MEDIUM DENSITY RESIDENTIAL, REFERENCING THE MANDATORY FINDINGS AND TRANSMITTING CPA-07-427LS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THEIR COMPLIANCE DETERMINATION AND BECOMING EFFECTIVE AS PROVIDED BY LAW AND THAT THE FUTURE LAND USE CONDITIONS APPLY AND FUTURE LAND USE POLICY 11.1 AND ALSO THE EXCESSIVE WATER CAPACITY STATEMENT. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 52. Conditions: 1. Central potable water and central wastewater treatment services shall be provided to the property by a public entity. 2. The property shall be considered as a single project for purposes of development review and approval under County Codes. 3. The Applicant shall dedicate additional rights-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 at the time of development. 4. Density shall be limited to a maximum of 196 units 5. A traffic study will be required using Highlands County approved methodology. 6. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 7. Water use permits and withdrawal facilities for permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations. 8. The development shall meet the County’s recreation LOS through one of the following options: a) Provide public parks on site, b) Make a payment in-lieu of dedication of park land (with the approval of the County Commission), c) Dedicate park land to the County (with the approval of the County Commission).

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20) HEARING #CPA-07-422LS AND P&Z 1896 – COUNTY INITIATED – C/O JAMES POLATTY, DEVELOPMENT SERVICES DIRECTOR

SITE 1 – Kalpana Puppala – Approximately 8.88 acres located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Industrial) to (Low Density Residential) and a zoning change from R-1 (Residential District) to EU (Estate District). SITE 2 – Mark V. and Renata I. Montreuil – Approximately 9 acres located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Industrial) to (Low Density Residential) and a zoning change from AU (Agricultural) to EU (Estate District). SITE 3 – Mark V. and Renata I. Montreuil – Approximately 9 acres located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Industrial) to (Commercial/Industrial Mix) and a zoning change from AU (Agricultural) to B-3 (Business District). SITE 4 – Michael W. and Garnet M. White - Approximately 14 acres located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Industrial) to (Low Density Residential) and a zoning change from AU (Agricultural) to EU (Estate District). SITE 5 – Michael W. and Garnet M. White - Approximately 14 acres located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Industrial) to (Commercial/Industrial Mix) and a zoning change from AU (Agricultural) to B-3 (Business District). SITE 6 – Klepinger Trust - Approximately 47 acres located in Sec. 13, Twp. 35S, Rge. 29E, HighlandsCounty, Florida. Request: A large scale plan amendment from (Industrial) to (Commercial/Industrial Mix) and a zoning change from AU (Agricultural) to B-3 (Business District). SITE 7 - Klepinger Trust - Approximately 47 acres located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Industrial) to (Low Density Residential) and a zoning change from AU (Agricultural) to EU (Estate District). SITE 8 – Oren L. and Willadel A. Nelson – Approximately four (4) acres located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Industrial) to (Commercial/Industrial Mix) and a zoning change from AU (Agricultural) to B-3 (Business District). SITE 9 – Mark and Tin Bethan – Approximately five (5) acres located in Sec. 13, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Industrial) to (Agricultural). Jim Polatty, Development Services Director, withdrew this request. See SMB 49 Page 53. 13. CITIZENS NOT ON THE AGENDA Bert Parsley commented that he missed his hearing and wanted to know the outcome. Commissioner Stewart suggested that he obtain a copy of the audio tape. 14. COMMISSIONERS Commissioner Maxcy suggested more planning input and photographs to be provided by Jim Polatty, Development Services Director. Commissioner Stewart reported on the Florida Association of Counties retreat she attended last Thursday and Friday. 15. ADJOURN The meeting adjourned at 12:31 P.M.

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REGULAR MEETING OF THE BOARD FEBRUARY 6, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Lamar Ritenour. The Pledge of Allegiance was led by Donna Klem. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of the Clerk of Courts’ Monthly Report of Business Services for the month of January as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. SMB 49 Page 54.

B. Upcoming County meetings:

Feb. 6 3:00 pm Highlands Soil & Water Conservation Dist.

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

Feb. 6 7:00 pm Construction Licensing, Enforcement & Appeals Board

Board room, 600 S. Commerce Ave., Sebring, Florida

Feb. 7 10:00 am E-911 Communication Committee Desoto City Fire Station 19, 6800 West George Blvd., Sebring, Florida

Feb. 8 3:00 pm Children’s Services Council, We Care Hotline Sub-Committee

1000 S. Highlands Ave., Sebring, Florida

Feb. 8 5:30 pm HC Board of Co. Commissioners & City of Sebring City Council & their respective Planning & Zoning Commissions

Board room, 600 S. Commerce Ave., Sebring, Florida

Feb. 9 8:00 am Children’s Services Council Nomination Sub-Committee

1000 S. Highlands Ave., Sebring, Florida

Feb. 12 9:00 am HC Homeowners Association 3240 Grand Prix Dr., Sebring, Florida

C. Other meetings:

Joint School Board & County Commission is scheduled to have a meeting on February 20, 2007 at 3:30 p.m. at the Highlands County School Board. Local Coordinating Council for the Transportation for the Disadvantaged is scheduled to have a meeting on February 7, 2007 at 1:30 p.m. at the Agri-Civic Center in Room #3.

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4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits February 06, 2007.

General ……………………………………2,559,537.88 County Transportation Trust …………… 9,531.11 E-911 Operations Fund ………………….. 12,057.11 Local Govt Infra Surtax ……….………… 287,978.07 Tourist Dev Trust Fund ……………….… 1,200.94 Comm Development Block ……………… 31,875.00 Affordable Housing Asst ………………… 11,312.10 Hurricane Housing Rec Pro ……………… 23,899.73 Sebring Parkway Maint …………………… 603.34 Building Code Enfor Fund ……………….… 1,484.50 Solid Waste ...……………………………… 79,392.60

Placid Utilities ...…………………………… 146.99 Risk Retention Fund ………………………… 4.56 Employee Benefit Fund ……………………… 13.68 Home Initiatives Partner …………………….42,500.35 Highway Park Utility ……………………….. 22.67 Intergovt Radio Communication …………… 377.01 Law Enforcement Education ……………….. 2,815.00 Fire Inspection ………………………………. 35.21 Court Tech 28.24 (12) (E) 1 ………………… 506.48 HCISSRB Construction Fund ……………… 880.00 Payment of bills and employee benefits was authorized on January 26, 2007 for $653,255.84.

B. Request approval of the minutes of the board meeting dated December 12, and 19, 2006 and January 9, 16, and 17, 2007.

C. Request to accept into the record the 1st Quarterly Report for FY06/07. See SMB 49 Page 55.

D. Request to accept into the record the Peace River Center for Personal Development, Inc. Financial Statements & Independent Auditor’s Reports for Year Ended June 30, 2006. SMB 49 Page 56.

E. Request approval of a Release of Nuisance on Case #CE 05070017, 150 Highlands Blvd., Lake Placid, Highlands County, Florida. See Clerk of Courts Official Records.

F. Request approval of a Release of Nuisance on Case #CE 05070131, 108 Cochran Drive, Lake Placid, Highlands County, Florida. See Clerk of Courts Official Records.

G. Request approval of a Release of Nuisance on Case #CE 05070018, 351 Highlands Blvd., Lake Placid, Florida. See Clerk of Courts Official Records.

H. Request approval to designate parcels as surplus and place parcels into the Affordable Housing Land Bank. SMB 49 Page 57.

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I. Request approval to accept and record the warranty deed for First Baptist Church of Placid Lakes – Addition commercial development. See Clerk of Courts Official Records.

J. Request approval of Satisfaction of Mortgages as noted on attached memo. See Clerk of Courts Official Records. K. Request approval of the Capital Outlay Purchase of a dump truck. This item was moved to the action agenda. L. Request approval to re-appoint Luther “Red” Bohannon, John Harding and Wade

Taveniere to the Industrial Development Authority/Economic Development Commission Board. See SMB 49 Page 58.

M. Request approval to appoint Ms. Maria Sutherland to the Enterprise Zone Development Agency/Champion Community Board. SMB 49 Page 59.

N. Request approval of a Resolution transferring voting authority on the Local Mitigation Strategy (LMS) Working Group from the Director of Development Services to the Director of Emergency Management. This item was pulled from the agenda and no backup material was provided.

O. Request approval to appoint Mark Andrews to the Community Redevelopment Agency. See SMB 49 Page 60. P. Request approval of a Resolution concerning Qualified Target Industry Matching Funds

Waiver for Project 07-000063. See Res. Book 19 Page 230. Q. Request approval of Homeless Coalition Grant to Highlands County Human Services

Department and Resolution and budget amendment 06-07-86. See SMB 49 Page 61 & Res. Book 19 Page 231.

R. Request approval of Resolutions & budget amendments 06-07-78; 81; 83; 85; 87; 90; 92 & 93. See Res. Book 19 Page 232.

S. Request approval of budget amendment 06-07-80. See SMB 49 Page 62. T. Request approval of Resolution and budget amendment 06-07-79 to move funds

contributed by Georgia-Pacific Access Road and State Road 70 improvements in the total amount of $99,370.25. See Res. Book 19 Page 233.

5. ACTION Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Thunderbird Hill South Waste Water Treatment Plant Memorandum of Understanding for December 20, 2006 meeting between Highlands County and the City of Sebring

Carl Cool, County Administrator, presented the request and commented on the outcome of the meeting with the City of Sebring on December 20, 2006. Robert Diefendorf, Transportation/Utilities Department, commented on the improvements to the plant and costs. Ross Macbeth, Board Attorney, commented on the noncompliance issues the plant had in the past. Commissioner Maxcy commented that the best thing to do is to have staff prepare some concrete numbers on the costs to get this plant up and running within 30 days. Commissioner Stewart suggested that the consultants for the City prepare the figures on the cost since they are the more knowledgeable and they have their experts. Public input was received from Lamar Ritenour, Gabriel Reid and Cathy Bergens. Commissioner Maxcy advised staff to have the experts from the City of Sebring prepare a cost estimate on operating the plant and bring it back to board for review. See SMB 49 Page 63.

B. Chairman Guy Maxcy: Request approval of a Proclamation in recognition of Keith Albritton’s retirement

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Commissioner Maxcy read the proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve the proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 64. 10:10 A.M. - 10:30 A.M. Break – Keith Albritton’s retirement reception in the lobby.

C. Mr. R. J. Witt: Request for a clean up of his canal R.J. Witt presented the request. Carl Cool, County Administrator, gave a brief history of the canal. Bruce Van Jaarsveld, Road & Bridge Superintendent, commented that there was no way to clean up the canal due to the homes, no place for equipment and no where to place the vegetation. Mr. Witt commented that no cleanup has been performed on this canal since 1983 and they are unable to use the canal due to all the debris and muck and it’s un-navigable. Carl Cool, County Administrator, advised that this is a county maintained canal and they spray it periodically. Public input was received from Victor Garcia, Jim Hengy, Larry Ingmire and Ester Rondo. Mr. Witt commented on the semi-trucks that travel down Lake Josephine onto the bridge which far exceed the weight limit of the bridge. Carl Cool, County Administrator, advised that particular bridge was designed to carry a loaded semi-truck. Commissioner Stewart advised that a decision could not be reached until information is received and presented to the Board from the Fish & Wildlife Commission and SWFWMD and asked staff to look at the bridge. Commissioner Maxcy advised to have Fish & Wildlife Commission and SWFWMD take a look and advise on a potential cleanup and he also advised the Road and Bridge Department to take a look at the bridge and present their report back to the board within 30 days.

D. Mr. Kevin Brown, Dean of the Division of Applied Sciences and Technologies, South Florida Community College: Presentation on Highlands County Day at the Capitol

Kevin Brown, Dean of the Division of Applied Sciences and Technologies, gave a brief report on the 2nd Annual Highlands County Day at the Florida Capitol scheduled for March 28 – 29, 2007. See SMB 49 Page 65.

E. Louise England, EDC, and Bridgett Merrill, Enterprise Florida, Inc.: Request approval of a Memorandum of Agreement for the Rural Area of Critical Economic Concern Catalyst Project

Louise England, Executive Director, presented the request. Bridgett Merrill gave a brief power point presentation on the Rural Economic Development Catalyst Project. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve the Memorandum of Agreement. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 66.

F. Ms. Eva Coale, Controller, The Groves at Victoria Park: Request to abate school taxes Eva Coale, Controller, presented the request. Ross Macbeth, Board Attorney, advised that the Board did not have the authority to decide on this issue because they don’t impose the school taxes and she would need to seek relief from the Highlands County School Board. See SMB 49 Page 67. Lunch Break 12:00 p.m. – 1:15 p.m.

G. Discussion on options involving requested donation of land to Habitat for Humanity

Carl Cool, County Administrator, presented the request and advised that there are other sites that could be used for a future asphalt plant. Commissioner Stewart commented that she would like to have an analysis on the impact of the neighborhood with an asphalt plant on this site. Mr. Cool commented that an analysis was not prepared to present at this meeting. Commissioner Maxcy commented that an asphalt plant would have a significant impact on this community. Jane Breylinger, Executive Director

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for Habitat for Humanity, commented that she would like the county to donate this land for affordable housing. Commissioner Jackson questioned the amount of volunteers which would live on site. Mrs. Breylinger commented that they would like to house 12 volunteers and she discussed their duties onsite. Public input was received from Robert Saffold. Commissioner Bates questioned if they could convey the property and if, for any reason, they were unable to obtain permits to build, then the county could find other uses for this site. Commissioner Stokes commented he was not comfortable with donating this land to the Habitat for Humanity until they make a decision on an asphalt plant. Ken Wheeler, Solid Waste Director, commented on the sand samples he had on another site. Motion by Commissioner Stewart , seconded by Commissioner Jackson, to move to instruct staff to move forward with the Board attorney and to declare this as surplus property and formulate a bid for disposal with the conditions described in the past meeting and have it come back to the Board for final approval. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 68.

H. Development Services Director: Proposed Settlement Agreement for Large Scale Plan

Amendments 04-1; 04-2 and 05-1 This item was pulled from the agenda. See SMB 49 Page 72 for back up material.

I. Assistant County Administrator: Request for Authorization to proceed with RFP for Professional Services Library of Consultants

Rick Helms, Assistant County Administrator, presented the request. Ross Macbeth, Board Attorney, commented on the revisions that he would like in the RFP and he suggested eliminating “C” in Section 2.0 and eliminating “A” in Section 2.1 on page 7. Commissioner Stewart suggested changing Item B in Section 2.1 to state the following: Supplemental Consultants Service Authorizations (CSA) / Task Order Authorizations (TOA) type of agreements to the Continuing Services Contracts will be assigned at the discretion of County Administrator or his designee and in making this assignment the County Administrator or his designee shall consider a firm’s particular expertise specific to the job/task, availability, timeliness to complete the work and past performance on jobs conducted under the continuing contract with the County. Then have a sentence that refers to rotation, an a attempt shall also be made to achieve rotation to the extent possible in light of these other factors. Commissioner Stewart commented that she would like to include one state-wide industry journal or publication for advertising. Jed Secory, General Services/Purchasing Director, commented that all the bids go out to 13 different entities where they are posted free of charge. Commissioner Maxcy questioned if the Board would like to continue the contract with Chastain Skillman. Commissioner Stewart commented that she would like to continue the contract with them. Sheriff Susan Benton requested that her project be taken out of the Library of Consultants and have their own RFP so her project is not delayed. Commissioner Stewart commented that she would like to take the same approach on other projects that are in the CIP that are in an excess of a million dollars so they are not delayed. Motion by Commissioner Stewart, seconded by Commissioner Bates, to approve the draft RFP with the changes outlined by the County Attorney and by the Board and this is subsequent to the review by the county attorney and authorize staff to move forward with a separate RFP for the Sheriff’s Office for the Law Enforcement Building and not use the PSAC to develop this RFP but rather have a staff work group consisting of Board staff and Sheriff’s office staff. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 69.

J. County Administrator: 1. Presentation of proposed Consultant Service Agreement

Carl Cool, County Administrator, presented the request. Commissioner Jackson questioned the amount being paid for services on documenting existing facilities in the amount of $776.00. Mr. Cool addressed his question. Commissioner Stewart commented that she would like Chastain Skillman to

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assist Mr. Campbell to determine his immediate needs for space. Joe Campbell, Supervisor of Elections, commented that he needed help on determining his space needs. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve the Consultant Services Agreement No. 8680.31 between the Highlands County Board of County Commissioners and Chastain Skillman Inc. on the immediate needs and not to exceed $6800.00 and to approve the attached Budget Amendment . Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 70.

2. Discussion on options involving requested donation of land to Habitat for Humanity This item was moved up on the agenda, see item G.

3. Presentation of William Darryl Scott for confirmation as Director of Animal Control Rick Helms, Assistant County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Bates, move to confirm William Daryl Scott of Highlands County, as Director of Animal Control. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 71.

4. Request approval of Resolution & budget amendment 06-07-91 increasing fund 005 Reserve for Contingency

Carl Cool, County Administrator, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stokes, to approve the item listed above. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 19 Page 234.

5. Request approval of the Capital Outlay Purchase of a dump truck. (This item was pulled from the Consent Agenda Item K to be heard under the County Administrator)

Vicki Pontius, Parks and Recreation Director, presented the request and explained the price increase. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve item K. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 73.

6. CITIZENS NOT ON THE AGENDA No participants. 7. COMMISSIONERS Commissioner Maxcy commented that they are scheduled for an audit committee meeting tomorrow in Mr. Brooker’s office at 2:00 p.m. He stated the meeting has been going well and he hopes to have a report back to the Board next Tuesday. Commissioner Stewart commented on the reception she attended on Sunday with Bravo Battery. She also commented on the need for more information supplied to the Commissioners on agenda items prior to the meeting. 8. ADJOURN The meeting adjourned at 3:36 P.M.

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REGULAR MEETING OF THE BOARD FEBRUARY 13, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ramon Gavarrete, County Engineer. The Pledge of Allegiance was led by Bob Jamison, Deputy Clerk. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Weekly Report of Courts Services for the week ending February 9, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 49 Page 75.

B. Upcoming County meetings:

Feb. 13 3:00 pm HC Planning & Zoning Commission & the Local Planning Agency

Boardroom, 600 S. Commerce Ave., Sebring, Florida

Feb. 13 3:00 pm Zoning Board of Adjustment Boardroom, 600 S. Commerce Ave., Sebring, Florida

Feb. 14 7:30 am Industrial Development Authority & Economic Development Commission

Board room, 2113 US South, Sebring, Florida

Feb. 14 8:00 am Local Mitigation Strategy Working Group

#251, 600 S. Commerce Ave., Sebring, Florida

Feb. 14 9:30 am Central FL Regional Planning Council

201 E. Oak St., Arcadia, Florida

Feb. 14 10:00 am HC Community Traffic Safety Team

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

Feb. 15 2:00 pm Intergovernmental Coordinating Element Advisory Committee

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

Feb. 19 3:00 pm Natural Resources Advisory Commission (NRAC)

501 S. Commerce Ave., Sebring, Florida

C. Other meetings: The Community Health Improvement Planning Committee will meet on

February 15, 2007 at 9:30 a.m. at the Highlands County Health Department located at 7205 S. George Boulevard, in the large conference room. Goal Setting Session is scheduled for today at 1:00 p.m. at the Agri-Civic Center. Joint County Commission & School Board meeting has been scheduled at the school board office next Tuesday on February 20, 2007 at 3:00 p.m. to discuss the Sebring Parkway and the elementary school on Memorial Drive. Final Audit Committee meeting is scheduled for

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February 14, 2007 at 3:00 p.m. The Board of County Commissioners won the 1st place ribbon for their fair booth. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits February 13, 2007.

General …………………………………… 729,686.47 County Transportation Trust …………… 36,027.41 Local Govt Infra Surtax ……….………… 60,966.98 Tourist Dev Trust Fund ……………….… 6,040.75 Comm Development Block ……………… 9,166.67 Affordable Housing Asst ………………… 143.91 Hurricane Housing Rec Pro ……………… 17,421.99 Sebring Parkway Maint …………………… 100.00 Solid Waste ...……………………………… 21,566.55

Placid Utilities ...…………………………… 38,972.71 Risk Retention Fund ………………………… 293.66 Employee Benefit Fund ……………………… 6,678.70 Home Initiatives Partner …………………….13,780.00 Highway Park Utility ……………………….. 12,059.65 Intergovt Radio Communication …………… 4,463.02 Court Tech 28.24 (12) (E) 1 ………………… 41.71 State Court Facilities TF …………………… 2,550.00 Building Fund ……………………………….. 1,274.80 Tax Deed Surplus Fund ……………………..212,454.99

B. Request approval of the minutes of the board meetings dated January 23, and 24, 2007.

C. Request to accept into the record the Annual Audited Financial Report for Reliable Sanitation. See SMB 49 Page 76.

D. Request approval of Satisfaction of Mortgages as noted on attached list. See Clerk of Courts Official Records. E. Request approval to issue a Notice of Nuisance to be placed on Case #CE

06080166, 3170 W. Shula Rd., Avon Park, Highlands County, Florida. See Clerk of Courts Official Records.

F. Request approval to issue a Notice of Nuisance to be placed on Case #CE 06110211, 1114 Peel St., Avon Park, Highlands County, Florida. This item was pulled from the agenda. See SMB 49 Page 77.

G. Request approval to issue a Notice of Nuisance to be placed on Case #CE 06070201, 1511 Fall Rd., Lake Placid, Highlands County, Florida. See Clerks of Courts Official Records.

H. Request approval of a Resolution transferring voting authority on the Local Mitigation Strategy Working Group from the Director of Development Services to the Director of Emergency Operations. See Res. Book 20 Page 1.

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I. Request approval of Court Technology Capital Expenditure request. See SMB 49 Page 78.

J. Request approval of Resolutions and budget amendments 06-07-94; 98. See Res. Book 20 Page 2. K. Request approval of budget amendments 06-07-95. See SMB 49 Page 79. L. Request approval of Road Inspection Assistance from Sun N’ Lakes Special

Improvement District. See SMB 49 Page 80. 5. WORKSHOP: Dr. Catherine Cornelius, Historic Preservation Commission and Loisa

Kerwin, Assistant Director, Florida Atlantic University’s Center for Environmental Studies: Pearce Lockett Estate.

Dr. Catherine Cornelius, Chair of the Highlands County Historic Preservation, gave a power point presentation on the role of the Historic Preservation Commission and a history and preservation of the Pearce Homestead. Loisa Kerwin, Assistant Director for Florida Atlantic University’s Center for Environmental Studies, commented on the events which are scheduled to take place and the successful outcome they had on February 10, 2007 at the Pearce Homestead. Ernie Cox of Family Lands Remembered, commented on the importance of the restoration of the Pearce Homestead Estate and their contribution for the preservation of this project. Dr. Cornelius commented on the successful outcome they had from the public, at their event on February 10, 2007 at the Pearce Homestead. Bill Malone commented on the work needed at the Pearce Homestead and his resources. Kimball Love read into the record a letter she prepared for the Board of County Commissioners requesting the Board to preserve this unique and valuable piece of Florida history. Fred Davis, Director of South Florida Water Management District, commented that they reviewed the proposals and they had no objection with the restoration. Commissioner Stokes commented that the county should be very cautious because seven years ago the county promoted this project and, after all the festivals were over, there was a lack of interest from the public to visit the Lockett Estate. Mr. Malone commented they are proposing a year round environment with more than one element. Commissioner Jackson commented on his support for this project and it’s importance to preserve it and he requested some indication on what to expect on a budget. Dr. Cornelius commented that they could probably raise about $100,000.00 a year or more. Commissioner Stewart commented that she would like to know the potential expenses on the road improvements and all the financial aspects, in order to make a decision for the tax payers and the citizens of the county. Dr. Cornelius commented that she will work on getting the Board more realistic numbers and they will get their experts to assist them. Commissioner Stokes commented that he would like to know the costs for the upkeep on the grounds from a county aspect. Commissioner Maxcy read into the record a letter from Arthur J. Gallagher, Risk Management Services, the underwriters on the insurance premiums. Lynn Topel, Executive Director of FHREDI, commented on the Resolution that was signed back in October of 2006 and their effort to remain and restore the Pearce Lockett Homestead and their regional support. Commissioner Stewart commented that the Water Management District is the ideal entity to have this property and why would the district not want to continue ownership since they have great expertise in ecological and environmental aspects? Mr. Davis commented that their Board has no interest in retaining ownership of the Pearce Lockett Estate and doesn’t know what they will do if the county turns down the proposal. Commissioner Stokes commented that he would like to know what role the Florida Atlantic University is taking in this matter. Dr. Cornelius advised that they would be a contributing partner and funding. Commissioner Stewart questioned if the Florida Atlantic University has considered taking over this property. Ms. Kerwin commented that FAU is not in the business of historic renovation. Public input was received from Vaughan Whitesides, Cathy Bergens, and Audrey Vickers. Commissioner Maxcy commented

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that the consensus of the Board is for them to get their numbers together and come back to the Board in 4 weeks and have this placed on the action agenda. See SMB 49 Page 81. Break 10:45 A.M. – 11:00 A.M. 6. ACTION: Motion by Commissioner Bates, seconded by Commissioner Jackson, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Heidi Belle Henderson: Request approval of a proclamation declaring the week of February 18-24 as “National Engineer Week”.

Ramon Gavarrete, County Engineer, presented the request, and read the proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the proclamation, and recognizing the week of February 18 – 24, 2007 as “National Engineers Week”. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 49 Page 82.

B. County Engineer: Discussion regarding the intentions of the Board in response to the Town of Lake Placid and their motion to acquire the County’s utilities in Lake Placid.

Ramon Gavarrete, County Engineer, presented the request. Robert Diefendorf, Transportation/Utilities Department, gave a brief power point presentation on the history of Placid and Highway Park Utilities. Mr. Gavarrete commented on the revenue and expenditures for the utilities and also he presented the Board with a copy of a letter from Bert Harris, Esq., dated November 15, 2006, and read number 10 into the record. Bert Harris, Attorney for the Town of Lake Placid, commented that he would like to have a meeting with the County Engineer, Sheila Byatt and with the Chairman of the Advisory Commission to discuss any concerns and issues. Mr. Harris commented that Tomoka Heights is grant and customer driven and advised that he would hope the Board would recognize that Lake Placid is the municipality that needs to provide the municipal service for the community. Commissioner Bates questioned if they wanted to purchase both utilities. Mr. Harris commented that they were willing to discuss purchasing both utilities. Public input was received from Pam Fentress, Teresa Williams, Harold Owens, Tim Hall, Sheila Byatt, Thomas Collins, Lowell “Blackie” Ballas and Debra Worley. Mr. Harris commented one option that the Board could consider is to have a temporary transfer, giving the County the option to take it back in 3 to 4 years if they have not done a good job. Commissioner Maxcy asked the Board if any of them were agreeable to number “9” or “10” in Mr. Harris’ letter. Commissioner Jackson commented that he is agreeable to number “9” but not “10”. Commissioner Stewart commented that she is not agreeable to number “10” and it’s the responsibility of this Commission to decide what types of facilities the county should provide and whoever controls the utilities, controls their destiny. She also commented that it’s premature to carry on these discussions until they see the results of the master plan. Commissioner Bates commented that he is agreeable to number “9” but not “10”. Commissioner Stokes commented that he not agreeable to number “10” and concurred with Commissioner Stewart on the need to look at the master plan before any decision is made. Commissioner Maxcy commented that they need to sit down and discuss the issues with Tomoka Heights, Harold Owens and all the other people involved and, even possibly, staff. The consensus of the Board is they are agreeable to number “9” but not “10” in Mr. Harris’ letter. See SMB 49 Page 83.

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C. Rick Spechler, US Geological Survey: Presentation on Hydrogeology and Quality of Ground Water in Highlands County, Florida.

Jim Polatty, Development Services Director, presented the request. Rick Spechler gave a brief presentation on Hydrogeology and Quality of Ground Water in Highlands County, Florida. Commissioner Stewart questioned if any work had begun. Mr. Spechler commented that he has designed a water level, quality network and aquifer maps. Commissioner Stewart commented that when Mr. Spechler comes back to the Board that the meeting should include Clell Ford and NRAC. Commissioner Maxcy advised Mr. Spechler to let the Board know if there is anything else they can do to help. See SMB 49 Page 84. D. Highlands County Sheriff’s Office, Amendment to the Motorola Service Agreement Commissioner Maxcy declared a conflict of interest due to Warren Hall of Electronic Maintenance, being his client. A Memorandum of Voting Conflict was entered into the record. Sheriff Susan Benton presented the request and requested the Board to approve an amendment to the current Motorola Service Agreement. Warren Hall of Electronic Maintenance, commented this item is directly with Motorola and not Electronic Maintenance. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve amendment to the Motorola Service Agreement to delete the Dispatch Service fee. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. See SMB 49 Page 85.

E. Highlands County Sheriff’s Office, 911/Intergovemental Radio Committee Recommendations

Sheriff Susan Benton presented the request and requested the Board to move forward to identify the funding mechanism to purchase the needed MCC 5500 Dispatch Consoles as submitted in the Motorola Proposal and is seeking approval from the Board for $670,000.00 to replace all the radio consoles. Carl Cool, County Administrator, commented that he was not aware of the new configurations and he would like to sit down and meet with her to go over this to come up with recommendations for the Board. Commissioner Maxcy commented that he would like Mr. Cool to sit down with the Sheriff and then bring it back to the Board for approval next week. See SMB 49 Page 86. 7. CITIZENS NOT ON THE AGENDA Lowell “Blackie” Ballas commented that he would like to discuss the speed limit entering “Covered Bridge” and the possibility of speed tables on Lake Francis Road. Carl Cool, County Administrator, commented that he would not recommend speed tables. Commissioner Maxcy commented that speed tables is not the answer due to the liability factor and asked him to possibly get together with Mr. Cool and the Sheriff. 8. COMMISSIONERS

Commissioner Stewart reported on the meeting she attended on the swearing in of Representative Tim Mahoney on Sunday over in Stuart, Florida in his new office and he asked her to convey to the Commission his willingness and commitment to work with the County Commission.

Commissioner Maxcy commented that he wanted to give the Board a report on the Library Audit. He commented that they concluded the meeting last week with the intentions of having one more meeting tomorrow at 3:00 p.m. in which they would be able to take care of the last 3

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to 4 findings and looked forward to bringing this to a closure. He also commented he and Mr. Brooker will come up with a summary report on the issues and put them in the agenda package by the end of this week. He continued to state that everything has been going well with very cordial meetings and anticipated coming out of all this with some positive things, that will be helpful to the county.

9. RECESS The meeting recessed at 1:03 P.M. 10. 2:15 P.M. RECONVENE AT THE AGRI-CIVIC CENTER AUDITORIUM, 4509

GEORGE BOULEVARD, SEBRING, FL. 11. GOAL SETTING SESSION Commissioner Maxcy called roll and all Commissioners were present. Carl Cool, County Administrator, advised that the public was properly noticed in regards to the goal setting session and provided the Clerk’s office with a Notice of Public Meeting to be made part of the permanent record. Mr. Tommy Todd, General Manager and Chief Executive Officer from Glades Electric, facilitated the goal setting session. Mr. Todd covered the following items as a refresher from the last goal setting session: strengths, internal challenges, external challenges, threats, internal opportunities and external opportunities. Input was received from County Commissioners and public comment was received from Jack Richie and Bill Youngman. Mr. Todd commented that there were three key factors to make this process work and they were: set directions and not orders, must hold the County Administrator accountable and be reasonable. Mr. Todd and the Commissioners gave a list of goals which were the following:

1. More efficient Gov’t services 2. Cap Gov’t spending 3. Organization 4. What services do we provide? 5. The value of those services 6. Mileage 7. What will community look like in the future? 8. Increase knowledge on growth issues 9. Budgeting process 10. Clearer direction to staff 11. Hold staff accountable 12. More input from citizenry 13. Better analyzed proposals 14. Staff present more options 15. Cities and county consensus on growth 16. Communications 17. Are current growth policies effective enough? 18. Revenue sources 19. Do we know our role? 20. Natural Resources 21. Other Constitutional Officers 22. Continued financial responsibility 23. Prioritize spending

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Mr. Todd advised the Commissioners that these were the three goals that he wanted to present to the Board for their consideration and if changes needed to be made, then they would be changed.

1. Develop and implement and organizational structure & budgeting process that provides the highest value of services possible for our citizens.

2. Provide accurate and candid communications program for all major Stakeholders: staff, Board, citizenry and other elected officials.

3. Develop a growth stragedy plan that emphasizes the protection of Natural Resources, preserves the quality of life, maximize the utilization of public infrastructure and insures the most efficient expenditure of public funds.

Ross Macbeth, Board Attorney, suggested on rephrasing number “3” to state the following which was accepted by all:

Develop a strategic growth plan that emphasizes the protection of Natural Resources, preserves the quality of life, maximize the utilization of public infrastructure and insures the most efficient expenditure of public funds.

Mr. Todd informed Mr. Cool that the next step is to take these three goals and make action steps. Commissioner Maxcy suggested having this brought back to review the action steps on the first board meeting in April. He thanked Mr. Todd for his assistance in the goal setting exercise. See SMB 49 Page 87. 12. ADJOURN The meeting adjourned at 5:30 P.M.

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REGULAR MEETING OF THE BOARD FEBRUARY 20, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

Commissioner Stokes was absent from the meeting from 9:00 a.m. – 9:45 a.m. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Bates. The Pledge of Allegiance was led by Sgt. Maj. Joseph A. Dionne. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Weekly Report of Courts Services for the week ended February 16, 2007 and report of Jury Trial Week for February as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 50 Page 1.

B. Upcoming County meetings:

3:00 p.m. Feb 20 Special Joint Meeting with Highlands County School Board

Garland Boggus Board Room, 426 School Street, Sebring, Florida

9:00 a.m. Feb 22 Illegal Dump Task Force #251, 600 S. Commerce Ave., Sebring, Florida

10:00 a.m. Feb 22 Lake Istokpoga Management Committee 4509 George Blvd., Room 3, Agri-Civic Center, Sebring, Florida

1:15 p.m. Feb 22 Highlands County Hospital District Board

600 S. Commerce Ave, County Commissioners Board Room, Sebring, Florida

9:00 a.m. Feb 23 Highlands County Community Health Improvement Planning Committee

Highlands County Health Department, Large Conference Room, 7205 S. George Blvd., Sebring, Florida

8:30 a.m. Feb 26 Highlands County Lakes Association Tourist Tax Projects Committee

4344 George Blvd., Purchasing Conference Room, Sebring, Florida

9:30 a.m. Feb 26 Highlands County Housing Authority 2300 Hope Circle, Sebring, Florida

7:30 a.m. Feb 27 Public Safety Coordinating Council Courthouse, Jury Assembly Room, 430 S. Commerce Ave., Sebring, Florida

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C. Other meetings: Town of Lake Placid Growth Management Committee has a meeting

scheduled for February 20, 2007 at 4:00 p.m. Parks & Recreation Advisory Committee has a meeting scheduled for February 22, 2007 at 2:30 p.m. in Room #213, 505 S. Commerce Avenue, Sebring, Florida. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to approve the agenda with the deletion of portion of Item “G”. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits February 20, 2007.

General ……………………………………190,975.96 County Transportation Trust …………… 17,385.49 Local Govt Infra Surtax ……….………… 60,170.30 Tourist Dev Trust Fund ……………….… 2,781.71 Affordable Housing Asst ………………… 49.33 Hurricane Housing Rec Pro ……………… 1,305.60 Sebring Parkway Maint …………………… 845.61 Solid Waste ...……………………………… 28,482.54

Placid Utilities ...…………………………… 2,360.83 Highway Park Utility ……………………… 310.96 Intergovt Radio Communication …………. 34,119.33 Court Tech 28.24 (12) (E) 1 ………………… 177.23 Building Fund ……………………………….. 92.74 Tax Deed Surplus Fund ……………………..13,835.01 Law Enforcement Educ …………………….. 3,774.00 Legal Aid ……………………………………. 3,598.92 HCISSRB Construction Fund ………………20,588.75

B. Request approval of the minutes of the board meetings dated February 6, 2007. See Clerk

of Courts website. C. Request approval of a Release of Nuisance on Case # CE 06020040, 6240 CR 17 South,

Sebring, Highlands County, Florida. See Clerk of Courts Official Records. D. Request approval of a Release of Nuisance on Case # CE 06010081, 26 Siesta Lane, Venus,

Highlands County, Florida. See Clerk of Courts Official Records. E. Request approval of a Satisfaction of Lien be placed on Case # CE 06020040, 6240 CR 17

South, Sebring, Highlands County, Florida. See Clerk of Courts Official Records. F. Request approval of an expenditure from the Law Enforcement Trust Fund. See SMB 50 Page 2. G. Request approval to accept the Warranty Deed and Partial Release of Mortgage for

Shevick Warehouses commercial development. See Clerk of Courts Official Records. H. Request approval of a sidewalk Grant-in-Aid Agreement for Cloverleaf Trails. See SMB 50 Page 3. I. Request approval of a Qualified Target Industry REDI Waiver Resolution. See Res. Book 20 Page 3. J. Request approval of Budget amendments 06-07-77; 82. See SMB 50 Page 4. K. Request approval of Resolution & budget amendment 06-07-99. See Res. Book 20 Page 3.

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5. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Bates, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stokes arrived to the meeting at 9:46 a.m.

A. Parks & Recreation Director: Request approval of Resolution & Budget amendment 06-07-100 - Sports Complex.

Vicki Pontius, Parks & Recreation Director, presented the request. Carl Cool, County Administrator, commented that in the Capital Financial Strategy schedule there were no additional monies allocated for the Sports Complex. Commissioner Stewart questioned where the $163,750.00 is going to come from? Ms. Pontius commented that it would come from the RPAC dollars. Commissioner Stewart questioned if RPAC was aware of this? Ms. Pontius commented that they have a meeting on Thursday and they will be aware of this at that meeting. Commissioner Stewart questioned the figures on the Funding Sources sheet. Ms. Pontius, Mr. Cool and Tim Mechling, Budget Manger, addressed her concerns. Ross Macbeth, Board Attorney, commented on the corrections that needed to be done to show the net cost for the county, not including grants. Commissioner Bates questioned how much more monies are to be allocated to be spent on this project and were there any more overruns? Ms. Pontius commented that she feels very comfortable with the numbers on the projects and doesn’t anticipate any major overruns. Commissioner Stewart commented on the importance on accurate estimates and costs on future projects. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve Budget request #06-07-100 transferring $163,750.00 to the appropriate category. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 4.

B. Development Services Director: Request approval to buy the note for the Sleepy Hollow land.

Jim Polatty, Development Services Director, presented the request. Ross Macbeth, Board Attorney, advised the Board that they are requesting to approve the note and extend the note until 12/31/07 at 0% interest. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve in principal with the purchase of the $412,500.00 note for the Sleepy Hollow land located on 12.46 acre tract at 4023 Youth Care Lane from NLP, Inc., and extend the note until 12/31/07 at 0% interest. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 5.

C. County Administrator: 1. Request approval of Human Services/Veteran’s Services CSA for preliminary sketches/cost analysis to compare options for solving space needs.

Carl Cool, County Administrator, presented the request. Commissioner Jackson questioned the total square footage needed. Mary Foy, Assistant Human Services Director, commented that they need approximately 1445 square feet. Commissioner Bates suggested seeing some other options instead of expanding buildings and possibly preserving stand-alone buildings. Commissioner Stewart questioned where they are proposing to get the money for this project? Carl Cool, County Administrator commented that it would be taken from the General Fund/Contingencies. Commissioner Stokes questioned the square feet in the Veterans Building and what is currently being occupied? Joseph Dionne, County Veteran Services Officer, commented that they have a total 627 square feet. Commissioner Stokes questioned if the Veterans Services relocated from the building if Human

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Services would still be short on space or would that be enough space? Ms. Foy commented that they would still be a little short on space. Commissioner Stokes commented that he is looking very hard at item “2” and moving the Veterans out of the building and have Human Services take over that space and then, if needed, in the future, then expand. Commissioner Stewart questioned on table of future square footage needed and through what year. Ms. Foy commented that they were told to look out 5 to 10 years and they have a deficit of 1500 square feet and estimate in the future, the need of an additional 700 square feet. Mr. Dionne commented on his needs for the next 5 to 10 years. Commissioner Stewart commented that she would like to know how much land is left in this area and how much of it is buildable? Mr. Cool advised that the Board owns the land all the way up to S. George Boulevard. Commissioner Stewart questioned the timeline on construction and completion of the project. Mr. Cool commented that it’s addressed on page “3” in the Consultant Agreement which is number “VI” which he read into the record for the public. Commissioner Stewart questioned the amount of time needed to select and design the building. Mr. Cool estimated that it would take about 2 years to select a consultant, designing the building, and construction. Commissioner Stewart commented that she would like a map on all the land that the county owns and a time table estimate on the project. Commissioner Bates questioned if this need was for the entire Human Services department or just the commodity area. Kevin Roberts, Human Services Director, commented that they were looking at the entire social and medical service needs, not strictly the commodity needs. Mr. Dionne commented on the amount of customers they see in their office on a monthly basis. Commissioner Jackson commented that he would agree to move the Veterans out of the facility so the Human Services can have the space and cost out any other alternatives and move forward. Commissioner Stewart commented that she understands the need for additional space but she is not agreeable to piecemealing projects because it’s not in the best interest of the county. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the agreement and a cost analysis. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 6.

2. Request approval of Budget Amendment 06-07-73 decreasing Reserve for Contingency in fund 005.

Carl Cool, County Administrator, presented the request. Commissioner Stewart questioned if the money was coming from the county’s overall contingency. Mr. Cool advised that the money is coming from Fund “5” which is the General Fund/Contingency. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve Budget Amendment #06-07-73. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 7.

3. Request approval of a funding option for Sheriff’s office dispatch equipment. Carl Cool, County Administrator, presented the request. Commissioner Maxcy declared a conflict of interest due to Warren Hall and Richard Percy, from Electronic Maintenance, being his clients. A Memorandum of Voting Conflict was entered into the record. Rick Helms, Assistant County Administrator, presented the Board with a copy of the minutes dated January 16, 2001, where Motorola was given the designation of vendor of choice and a copy of the Florida State Board participant and investment returns. Commissioner Jackson questioned what happens at the end of five years. Mr. Helms stated that at the end of five years the equipment is the county’s and it’s an actual lease purchase. Commissioner Stewart questioned if this was money from the General Fund. Mr. Cool commented yes. Ross Macbeth, Board Attorney, suggested having the agreement between the Board, Motorola and the Sheriff. Mr. Cool commented that he would like the Board to move ahead but advised the Board that additional monies will have to allocate for software upgrades in the future. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to request Board staff setup a 5 year tax exempt lease in the amount of $650,000.00 to purchase a needed MCC5500 dispatch console as submitted in the Motorola proposal and establish a commitment on these funds to make

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lease payments. Commissioner Maxcy questioned the amount. Mr. Helms advised that the correct amount should be $669,665.00. Mr. Macbeth advised the Board that he has made some revisions to the lease which need to be presented to Motorola to see if they are acceptable. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. See SMB 50 Page 8.

4. Discussion on Proposed Capital Financial Schedule. Carl Cool, County Administrator, presented the request and suggested discussing a category and their projects, and started with the Parks & Recreation Building. Commissioner Stewart questioned if all the construction, design and engineering costs were going to be included in the $200,000.00 and what’s the source of funding? Ramon Gavarrete, County Engineer, stated that the only thing that they are getting with this money is a metal building. Mr. Cool stated that the source of funding is Fund 151 which is the one penny sales tax. Mr. Cool presented the next project: Ambulance Replacement from Fund 151 and commented that the source of funding is also from the Fund 151/one penny sales tax. Mr. Cool presented the next project: expansion of Traffic Operations Building. Mr. Gavarrete presented a brief power point presentation. Commissioner Stewart questioned if this was a 5600 square foot building. Mr. Gavarrete stated that it’s the 80x100 building which is 8000 square feet which includes storages. He also commented that this is strictly the field operation, fabricating signs and maintenance of signals? Commissioner Stewart questioned if they would have enough space for the next 10 years. Mr. Gavarrete stated yes. Commissioner Bates questioned the source of funding. Mr. Cool stated it’s also from the one penny sales tax. Mr. Cool presented the next project: Supervisor of Elections Building. Bob Jamison, Deputy Clerk, stated that 2 years ago when Mr. Campbell expressed his need for space, the Clerk’s office, Business Services Operations, expressed the need for additional space and some how the solution to the Clerk’s space needs became associated with the solution for the Supervisor of Elections space needs. It was concluded when the Supervisor of Elections space needs were solved, which would be relocating him out of the Government Center, then the Clerk’s space needs would be solved by absorbing that space. He also stated that there has never been a separate discussion, inquiry, or assessment of our space needs and since the Clerk’s needs do not appear on the CFS, that the need for additional space not be forgotten. Commissioner Maxcy stated that they would duly note his comments from the Clerk and keep this in mind when they get in the planning mode for the Supervisor of Elections. Mr. Cool presented the next project: County Annex Building. Mr. Gavarrete stated that they are hoping to have a two story building behind the Annex which would be the first floor for Development Services and second floor for the engineering department, and the need for additional parking. He also commented on properties that are currently for sale behind the Annex building and the county is rapidly growing. Commissioner Maxcy stated that he would like to discuss a space needs analysis study. He also asked the Board to make a decision on the County Annex Building. Commissioner Stewart stated that she would like to put this on hold and have some workshops. Mr. Gavarrete stated that he just wanted to let the Board know that there are properties up for sale behind the County Annex Building. Commissioner Stewart stated that she would like Mr. Gavarrete to get some numbers on the properties for sale behind the County Annex Building and present them to the Board for review. Mr. Gavarrete stated that he presented the Board with estimates and the lots were appraised at $570,000.00. Commissioner Stewart stated that staff needs to bring back to the Board more alternatives. Mr. Gavarrete stated that he needed some direction from the Board. Commissioner Maxcy directed staff to present the Board with the real estate paperwork on these properties. Mr. Cool presented the next project, Medical Examiner’s Building and advised the Board that they made this commitment and this will have to be paid. Mr. Cool presented the next project: Station 33. Commissioner Stewart questioned if this was all impact fees. Tim Mechling, Budget Manager, stated yes. Mr. Cool presented the next project: Law Enforcement Building. He also stated that they will bring this back to the Board with a proposed contract on the design of a new

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building. Commissioner Stewart stated that she wanted to discuss the EOC expansion and expansion of the 24 hour staff. She requested more clarification on this item. Commissioner Maxcy advised staff to bring back some clarification to the Board on this item. Mr. Cool presented the next project: Expansion Detention Center 1A. Commissioner Stewart questioned if this was for parking. Mr. Cool stated yes. Mr. Gavarrete stated that this will be coming to Board for approval in the near future. Commissioner Maxcy stated to come back next week for more discussion on this issue since the General Government section of the CFS has been completed. Commissioner Stewart requested a special meeting to go over the CFS. Commissioner Maxcy spoke to the Board and agreed to have a special meeting on this issue on Thursday, March 1, 2007 at 10:00 a.m. in the boardroom. See SMB 50 Page 9. 5. Adoption of three goals resulting from the Goal Setting Session. Carl Cool, County Administrator, presented these three goals to the Board:

1. Develop and implement an organizational structure and budgeting process that provides the highest value of services possible for our citizens. 2. Provide an accurate and candid communication and information program for all major

stakeholders: staff, Board, citizenry and other elected officials. 3. Develop a strategic growth plan that emphasizes protection of natural resources, preserves

the quality of life, maximizes utilization of public infrastructure and insures the most efficient expenditure of public funds.

Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to officially adopt these goals and direct the County Administrator and staff to develop steps to accomplish these goals and report back to the Board on or by the first meeting in April. Mr. Cool commented that they will start working on these goals tomorrow morning at 8:00 a.m. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 10. 6. Discussion on Lake August Carl Cool, County Administrator, commented that they have not spent any money and the hydrilla has not been treated since the Board had concerns on this issue. He commented that he has to meet with the two different Home Owner’s Association for recommendation and guidance. Commissioner Bates stated that he attended the Placid Lakes Home Owner’s Association but they need to get approval for treatment from the general membership and then come back to the Board. 6. CITIZENS NOT ON THE AGENDA (Five minute time limit) No participants. 7. COMMISSIONERS: Guy Maxcy – Presentation of Revised Audit Comments Commissioner Maxcy stated the following: “You have before you the revised audit comments after 4 meetings between Jeff Carlson, CPA, L.E. “Luke Brooker”, Clerk of Courts, Bob Jamison, Deputy Clerk, and myself and Carl Cool, County Administrator. After four meetings and a lot of hard work and understandings from all parties, we’ve come up with what we feel is a consensus status and that we okayed on the library audit and we certainly do not want to preclude the Commissioners from asking any questions but Mr. Brooker and I, both believe that things were done very nicely, professionally, and when we concluded our meetings, we believe staff operated and worked together with both departments here and the Clerk and the Board and it’s been quite a while and we couldn’t make the January 30th deadline that Mr. Bates requested and apologizes for that. He further stated that there was 61 findings that we feel that we have come to an agreement of understanding and the main

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thing is do we concur or do we not concur on the findings. So at this point, I would like to open it up to any Commissioners for questions and if we don’t have any then we can talk about the past, the future and what’s done today so I open it up for questions.” Commissioner Bates stated the following: “Mr. Chairman, I would like to move that a letter of appreciation be written to Mr. Brooker and to Mr. Cool and to Jeff Carlson, CPA, independent outside party, advising them of our appreciation for their hard work and timeliness of getting this done.” Motion by Commissioner Bates, seconded by Commissioner Jackson. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stewart stated the following: “I would like to make some comments on the audit and discuss it a little bit, not the audit but the report from the Joint Committee. I noticed reading through it that our County Administration concurred with the majority of the findings in the audit and there was an agreement to make changes for the future which I think is great. My question is: How are the incidents which did occur, which you concurred with, you concurred that they occurred, ranging from violation of procedures, policies, and directives, to hindering an official audit, to dispersing confidential audit information, etc., and all the things that you concurred with. How are these incidents going to be handled? The actual incidents did occur and you agreed with that. In other words, what action are you going to take to address the incidents? Not what are you going to do for the future but what are you actually going to do to address these incidents. That’s my first question. Do you want me to do one at a time? My second question or do you want me to do one at a time?” Commissioner Maxcy stated “to do one at a time” and requested that Mr. Cool, County Administrator, answer the question and he stated the following: “I noticed in your findings, that you have management concurs with the finding and will implement the recommendation that the theft detection system was operationally for finding number “16” but management may concur with the finding but they said that they will implement the recommendations.” Commissioner Stewart stated the following: “Right, but I’m interested in when you have concurring with dispersing confidential information. My question is, what is the CEO, the manager, what are you going to do to address these things that occurred that are violations?” Mr. Cool stated that following: “Commissioner, I will try and answer your question, which I perceive that your question is, generally, somewhat general, in that your talking about a few of the specific findings. I’ll try and recall and answer those as you gave those. The one with dispersing confidential information, I did share with the Board of County Commissioners that they were being audited. I did share with the Cooperative that they were being audited. That’s true, I did share that. Now, what we discussed was and what we were in complete agreement on, is the fact that work papers of an audit, in fact are confidential and we agree that the audit should be kept confidential but as I told you and I’ve shared this with the auditors, if you are being audited you need to know that and they have admitted that it’s correct, that they need to do that. Now I need to do that in the future without sharing detailed confidential work papers with you and I need to share it if I have an indication that I need to share it with the Cooperative, I need to do that also. So, what is needed to be understood is, what am I going to do to address the incident is follow the recommendation, work papers of an audit need to be kept confidential, that’s in our best interest, it is in the best interest of the auditor but if I need to share with you, that your being audited, I need to be more careful not to share any of the particular details.” Commissioner Stewart stated the following: “Well again, I assumed that you looked at the backup and where you having dispersing confidential audit information which is the one you are talking about,

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finding number “42” in the backup information, which you stated, you concurred with this finding, and you did look at the backup included staff dispersing information via emails to people who were not the County Commissioners and that’s just one example. When I read these, since we got our book, when I read management concurs with the finding, I was reading into it, that you were agreeing with the actual finding and with the document. You’re just picking one little piece and so my question is “ What are you going to do, to the staff members, who emailed out information, confidential information. Is anything going to be done?” Mr. Cool stated: “On this one particular thing, I was addressing a particular issue?” Commissioner Stewart stated: “You were addressing you were dispersing confidential audit information. I’m talking about the documentation that’s states, and I know that we’re getting down to specifics, but maybe that’s what we need to do. I’m talking about the documentation that exists, where a staff member sent out an email and said “please share this information with whoever you think should get it”, that is dispersing confidential audit information and attached to that email was information on the audit. So my question to you is, “what are you going to do, this is just one specific incident. You can go through here and see incident after incident after incident that occurred, that is documented. You say that you are concurring with the findings and I think that’s a very reasonable question to ask. What are you going to do with the people who violated these procedures and that you agreed violated these procedures?” Commissioner Maxcy stated: “Finding number “42” dispersing confidential audit information and the recommendation is compliance with 119.031(3) F.S. Management response, management concurs with the finding and agrees that 119.073 should be followed.” Commissioner Stewart stated: “So what are we going to do about people that violated these procedures, are you going to fire them, are you going to put them on probation. What are you going to do about the actual incidents that occurred? It’s great to move forward but when you have employees that have violated things and you look at the documentation and you see and agree that they violated these things, aren’t you going to address that?” Mr. Cool stated: “The answer is yes.” Commissioner Stewart stated: “That’s what I would like to see. I would like to have back from you, exactly what you’re going to do about all these incidents that occurred and get back to the Board and tell us, what your going to do about theses incidents.” Mr. Cool stated: “Commissioners, there’s 61 issues that are here and in some cases, action that needed to take place has been taken. It’s in the report.” Commissioner Stewart stated: “Again, it’s future actions, it’s what’s going to happen in the future. What’s going to happen from this point on? It’s like if you commit an act today and in the future you make changes to make sure that act will not be committed in the future, the act is still being committed and I believe that who ever does that act, needs to held accountable.” Mr. Cool stated: “Commissioner, you’re correct but you’re talking about one item in here and I would go item by item if you want to discuss each item by item and I’m glad to do that. But in some cases, like finding the very first one in here, it says “management concurs and has implemented the recommendation”.

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Commissioner Stewart stated: “Again, these are recommendations in the future and I don’t want to go item by item. Were just playing word games here, you know as well as I do, that a number of things in here that you concurred with are violations of county’s, policies, procedures and directives and our personnel manual states that when you violate those things, there are consequences which have to be paid. You can go to our personnel manual and see that and I believe that it’s incumbent upon you as the manager to be responsible to us, accountable to us, to show that you have handled those incidents that occurred.” Mr. Cool stated: “Commissioner, I agree with you and I have but I’m not prepared to discuss, item by item, or I’m not prepared to discuss individual personnel issues with the Board at the board meeting.” Commissioner Bates stated: “Nor, do I think you should and I disagree with Commissioner Stewart. I expect you as a CO to take care of that and I assume that’s going to be done.” Commissioner Stewart stated: “And that’s all that I wanted, I wanted to know from Mr. Cool, if he was going to handle it, generally how’s he going to handle it and come back and tell us that those incidents have been addressed and that they’ve been handled. That’s why I didn’t want to go item by item, you just picked it out. To me, this is not the end of it. I think that we absolutely need to look at those incidents and be assured, be shown that you handled them, speaking as one Commissioner.” Commissioner Bates stated: “I’ve spent a lot of time with the audit and I don’t look at the audit as an indictment. I see it has a guideline for the future and I would expect that these implementations will preclude these instances from happening again. That’s the way that I view the audit and the way that I view your responsibilities in the future.” Commissioner Stokes stated: “What I’ve read all through here, recommendations, that the recommendations come from the audit committee. Their recommendations and management says they concur and have implemented the recommendations.” Commissioner Stewart stated: “The recommendations came from the Clerks office.” Commissioner Stokes stated: “That’s what I’m saying. The Clerks office recommended to management that they do this and management says “we have implemented these recommendations”. Commissioner Maxcy stated: “On some of them, they do say that.” Commissioner Stewart stated: “I’m not arguing with that.” Bob Jamison, Deputy Clerk, stated: “When the Clerk’s audit department identifies a finding, researches it, backs it up with materials and then makes the recommendations, the recommendation never includes disciplinary action. When you read a recommendation, it will be, in fact, void of any recommendations or disciplinary actions and that’s entirely up to the employer and their adopted personnel policies and procedures, so you won’t expect to find that from us. We limit our recommendations to internal controls, flaws, weakness, or absence of internal controls.” Commissioner Stewart stated: “Mr. Chairman, can I ask one other quick question?” Commissioner Maxcy stated: “Yes.”

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Commissioner Stewart stated: “Mr. Cool you concurred with most of these. I’d like to know, why you didn’t look at the backup and why you didn’t concur with these, many months ago, instead of us going through this long involved process. Why wasn’t this handled many, many months ago?” Mr. Cool stated: “Mr. Chairman, may I answer it? Commissioner Maxcy stated: “Yes.” Mr. Cool stated: Your statement is incorrect. Your statement and your question, was why didn’t I look at the back up and the answer is “we did”. Commissioner on the first group of findings, there was a great amount of backup information that was attached and we received that information and we responded to the Clerk’s office. In my transmittal letter to the Clerk’s office, I requested a sit down meeting to talk about those. The first sit down meetings that we had a chance to talk about those was when Commissioner Maxcy, Luke Brooker and myself and Bob Jamison and Jeff Carlson met and that was last April. We responded, management responses. In the history of Highlands County, that’s the way that audit processes have been taken place since I’ve been here. We would get a finding, our management responses, we would sit to talk about them. If we answered the wrong question, when we responded to the wrong thing and I will tell you that through this process over the last four meetings that I was responding and Mr. Jamison pointed out that I was answering the wrong question. So what’s the right question? Then when we understood the question better, we were better able to answer the question. That’s how, we were able to get in some cases, responses modified, some cases, agreeing that additional legal research needs to be made to clarify “what is the requirements” and on few occasions, the finding was slightly modified. That’s the normal way that audits have been and in my opinion, should be conducted where the finding is identified by the Clerk or by the person doing the audit, the person being audited is given that finding and the backup information and then a management response is issued. Then normally, you would have a meeting to talk about that and I think that’s the right thing to do. We responded to the first group of findings, second group of finding, we go the findings and we carefully and deliberately and cautiously provided a management response to the second group of findings and transmitted that to the Clerks office in writing and, again, in writing asked to have a sit down meeting to talk about that. No meeting was held. Now, the third group and the forth group came in and then there was a criminal investigation going on. I’ve told you and told everyone that at the public hearing that I was remised for not responding to the third group or the fourth group but there was a criminal investigation going on. The final audit came out when the criminal investigation was going on. We should have responded to the third group and the fourth group but it’s my opinion the best way to do it, is to respond and then talk about it and if we’ve answered the wrong question, then we can get our management response better and we can explain to them why we think we’ve done it correctly. Through this process, once we did get to sit down, we found a way to reach an agreement and we worked it, trying to reach an agreement. You can ask any one in the meeting, they can tell you that I was strenuously looking at trying to get to management concurred so that we can reach an agreement and move on. That was my goal and that was my goal from the first day I got the findings. I didn’t have a chance to meet because they wouldn’t meet. I’d love to do that on every audit and I think the person who is being audited, has the right to have a conference and we’ve gone through all this at the hearing but Commissioner we did look at the findings, we did look at the backup information and we think we responded correctly to those finds. We’ve gone through this and it’s been a very hard way of doing business. I hated it and I know you hated it. It’s been very difficult and we’ve try to respond as best we could. There’s tremendous statements that we kept hearing about, reading about in the paper about missing computers, missing money, pornography and I think all those things have been adequately addressed at the hearing and I don’t want to get into those today. But I just want you to

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know that we responded and we asked to have a meeting and even to the very first group of findings and we would like to do that on every other audit ever.” Commissioner Stewart stated: “My last question is, and this a continuing concern that I have, I guess it’s not a question, it’s just a statement speaking as one Commissioner. As late, as this past Friday, I heard numerous snide comments, ridiculing the Clerk of our Court, L.E. “Luke” Brooker by our staff, by various staff members not just by one but by multiple staff members. I would hope that you as the head of the county’s organization, you set the atmosphere and code of conduct for the staff and I would hope that you enforce, reinforce in their minds or enforce in their minds, that an audit is a good thing and that they need to conduct themselves on a professional basis and not individually and in public, be ridiculing the Clerk of the Court. I would really appreciate that.” Mr. Cool stated: “I agree with you. You have not heard me or no one else has heard me criticize the Clerk’s office or this audit process.” Commissioner Stewart stated: “That’s correct and I would appreciate if you would relay that so that we can move forward in a spirit of cooperation and professionalism and stability with the Clerk’s office and all the Board staff. Commissioner Maxcy and Mr. Cool agreed. Public input was received from Jack Richie and Cathy Bergens. Commissioner Maxcy stated: “I would just say that what we did in the last four meetings with the Clerk and Commissioner, and the Clerk involved was a good thing, and that’s what I think should happen in the future. Also, make sure staff on both sides, the Clerk’s, County Administration get along and make sure that they answer questions and do so in a timely manner. The reason that I didn’t get involved earlier is because this audit, in my opinion, was a unique audit and there were no meetings held in the past. There should always be meetings and that’s usually where the rubber meets the road and usually where things are worked out before they’re brought to the Board. I’m not going to offer any apologizes, I don’t consider it to be my fault but I will say this “I will work hard, as hard as I can in the future to try make this a thing that’s going to work for the Clerk, Clerk’s staff, auditors, as well as, the county staff. I told you that I’m tired of the blood baths and that’s what I’ve been seeing here in the last couple audits done, EMS and this audit. We have to find a way to work through this and get along, like Jack said and find a way to put something together that going to be good for all. I’ve even challenged the Clerk with that and I think Mr. Brooker is adamant to us having meetings after we’re done here and having further meetings to discuss like Cathy was talking about. I talked to Mr. Hopper when he came to town and found out some things that I think we can do that will improve our structure in doing this audit. We need to know better where your coming from, the Clerk. The Clerk needs to know better where the staff is coming from but there’s a lot of work put in on this and I have to commend both the Clerk’s staff and the auditors and their explanation of the findings and I have to commend staff, Carl Cool, for working hard. Jeff Carlson, CPA, intervened several times on many findings and explained the CPA version of this and after listening to both sides, we concurred to some things and it’s all because we met. We met and we need to meet and I’m not criticizing the Clerk but I believe that we just didn’t meet like we should be meeting and maybe Carl didn’t go so far as to come to the Board and say “hey”, we have a problem. We have an audit going on and we can’t come to an agreement and they won’t meet with me”. Maybe that’s we need to sit and wait for and I don’t think that we need to sit and wait for that. We can implement some things now will make the process a lot

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better. I’m excited about any further audits and the follow-ups. That’s the only comments that I would like to make on the audit and glad to get this behind us.” Commissioner Stewart stated: “I would like to thank Mr. Richie. I think that he hit it right on the head, at least for me. I would like to tell him and the public that I did learn something very important from this and what I learned is I can not keep my mouth shut and not ask questions for fear of offending someone personally. I’ve realized that I was so hesitant to hold people accountable because they might think I’m personally attacking them when I should have been holding them accountable for their jobs and for their actions, and I now realize that I can’t worry as long as I stress the accountability and stress their job performance which is what the public demands of me, and I can’t worry people twisting it and saying that it’s something personal. That was a very valuable thing that I learned and I’m going to continue and speak out and continue to stress accountability because I owe that to the public. See SMB 50 Page 11. 8. ADJOURN The meeting adjourned at 1:08 P.M.

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REGULAR MEETING OF THE BOARD FEBRUARY 27, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Jim Polatty, Development Services Director. The Pledge of Allegiance was led by Dr. Cornelius, Chair for the Historic Preservation Commission. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of a Weekly Report of Courts Services for the week ended February 23, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 50 Page 12.

B. Upcoming County meetings:

Feb. 27 3:00 p.m. Placid Utilities Advisory Committee

Children’s Advocacy Center Conference room, 1000 S. Highlands Ave., Sebring, Florida

Feb. 28 10:00 a.m. Long Range Transportation Committee

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

Feb. 28 11:30 a.m. Heartland Rural Health Network, Inc.

Tri-County Human Services, 2725 Hwy. 60 E., Bartow, Florida

Feb. 28 4:00 p.m. Natural Resources Advisory Commission

Engineer’s Training Room, 501 S. Commerce Ave., Sebring, Florida

Mar. 01 10:00 a.m. HC Board of County Commissioners Special Meeting

Board room, 600 S. Commerce Ave., Sebring, Florida

C. Other meetings: Hazardous Waste Collection Center will be accepting residential hazardous

collection on Saturday, March 3, 2007 from 8:30 a.m. – 2:30 p.m. S.Y. Mosely, Building Official, gave a brief report on the impact fees. Carl Cool, County Administrator, commented on the amount of money the county collected on impact fees. Rick Helms, Assistant County Administrator, commented that the county has collected about 3% on the projected impact fee for the year. Mr. Cool presented a report to the Board that the Recycling Center received letters from the second graders from Lake Country Elementary. 4. CONSENT AGENDA: Rick Helms, Assistant County Administrator, addressed item “C” and suggested amending the recommended motion to state “said items to be donated to private non-profit agency or sold through

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auction, GovDeals.com, written quotes, etc., because they located a non-profit agency interested in the animals.” Commissioners Stokes concurred. Commissioner Stewart questioned item “E”, if a minimum can be placed on the just value on the property. Carl Cool, County Administrator, stated that a minimum can be set. Commissioner Maxcy stated that a minimum can be set for the property “just value.” Commissioners concurred with this change. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the agenda with the above changes to item “C” and “E”. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits

February 27, 2007.

General …………………………………… 709,382.32 County Transportation Trust …………… 24,748.41 Local Govt Infra Surtax ……….………… 1,280.00 Tourist Dev Trust Fund ……………….… 18,802.92 Affordable Housing Asst ………………… 414,500.00 Hurricane Housing Rec Pro ……………… 652.80 Sebring Parkway Maint …………………… 102.22 Solid Waste ...……………………………… 50,658.96

Placid Utilities ...…………………………… 7,577.75 Highway Park Utility ……………………… 1,431.65 Intergovt Radio Communication …………. 614.64 Tax Deed Surplus Fund …………………….45,220.46 HCISSRB Construction Fund …………… 2,889.80 Law Library Trust Fund …………………… 494.00 Building Fund ………………………………. 3,025.48

B. Request approval of board meeting minutes of February 13, 2007 and Special Joint

meeting with the Highlands County School Board minutes of February 20, 2007. See Clerk of Courts website and Highlands County School Board file.

C. Request approval to waive County’s two-step Surplus Disposal process, declare indicated livestock Surplus, and allow Board staff to sell items at a livestock auction or any other means available for the sale of livestock in our geographical area. See SMB 50 Page 13.

D. Request approval to accept into the record the Highlands County Cost Allocation Plan. See Budget file. E. Request approval to declare property owned by Highlands County C-22-37-30-600-0090-

0080 surplus and permission to proceed with its sale pursuant to Section 125.35(2), Florida Statutes. See SMB 50 Page 14.

F. Request approval of a Plat recordation of Whispering Oaks, Section 32, Township 35 South, Range 29 East. See Clerk of Courts Official Records.

G. Request approval to accept and record the warranty deed and partial release of mortgage for McCuan Midtown Plaza commercial development. See Clerk of Courts Official Records.

H. Request approval of a Satisfaction of Lien on Case #CE 93-113, 24 Peaceful Place, Lorida, Highlands County, Florida. See Clerk of Courts Official Records.

I. Request approval of a Release of Nuisance on Case # CE 93-113, 24 Peaceful Place, Lorida, Highlands County, Florida. See Clerk of Courts Official Records.

J. Request approval of a Release of Nuisance on Case # CE 06010189, 4601 Weeping Willow Dr., Sebring, Highlands County, Florida. See Clerk of Courts Official Records.

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K. Request approval to transfer employee Janice McCarthy from a 40 hour work-week to 30 hour work-week creating a 0.75 FTE with 0.25 FTE remaining in the Planning salary budget. See SMB 50 Page 15.

L. Request approval of budget amendment 06-07-111. See SMB 50 Page 16. M. Request approval of Resolutions and budget amendments 06-07-101; 104; 105; 106; 107;

108; 109; 110; 112 and 113. See Res. Book 20 Page 5. 5. ACTION AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve the agenda with deletion of item “A”. Upon roll call, all Commissioners voted aye. Motion carried.

A. Sheriff Benton: Request for approval of Agreement for purchase of Radio Consoles, radios, installation and training for the Sheriff’s Office and the Emergency Operations Center, and request for clarification. This item was pulled from the agenda. See SMB 50 Page 17.

B. Dr. Catherine Cornelius, Historic Preservation Commission: Discussion on Pearce

Homestead Heritage Park. Dr. Cornelius, Chair of the Historic Preservation Commission, presented the request. Commissioner Stokes questioned the flood plain. Dr. Cornelius stated that the water management would retain the right to have water and we would own it all the way up to a 5 year flood plain. Fred Davis, of South Florida Water Management District, stated that they would like to deed this to the county down to the 5 year flood plain but the district would retain a flowage easement between the 5 and 100 year flood plain. Dr. Cornelius presented the Board with restoration and improvement costs on the entire site. Commissioner Stokes questioned if this included any upkeep costs. Dr. Cornelis stated that the figures did include some upkeep. Commissioner Stewart questioned if there were any other costs that were not anticipated such as paving and transportation. Dr. Cornelius presented the Board with the potential operational expenditures annually. She also commented on the revenue that could be raised on activities at this site. Commissioner Stokes questioned if they were looking for any county employees to participate in any of these activities. Dr. Cornelius stated no. Commissioner Jackson questioned the $450,000.00 and the $500,000.00 figure. Dr. Cornelius stated that they have suggested that the county keep $50,000.00 in a contingency fund. Commissioner Stokes stated that the county could keep the $50,000.00 to pay off the grants or legal fees if this wasn’t successful. Mr. Davis commented that the [SFWMD] Board will have to formally approve the surplussing of the property and then go back to the Judge to keep the property open to the public and to make sure the property is free and clear of any entanglements. He also stated that if the county rejects the offer, they will continue to seek an alternate owner for this property. Commissioner Stokes questioned if they declare this property surplus, could they sell it in the future. Ross Macbeth, Board Attorney, stated if there were no restrictions on the property it could be sold like any other county property. Public input was received from Maureen Mckenna, John Drennan and Cathy Bergens. Loisa Kerwin, Assistant Director for the Florida Center for Environmental Studies at Florida Atlantic University, thanked the Board for their time and commented on the event that they had at the site and she also shared a letter to the Board that she received from a visitor to the Pearce Homestead Heritage Park. Ann Reynolds, of the Historic Preservation Commission, also thanked the Board for their time and spoke in support of this issue. Commissioner Stewart requested to have input from the County Administrator. Carl Cool, County Administrator, stated that he would recommend to the Board to authorize the board attorney to get with Mr. Davis and go before the Judge to see if they could clarify the deed so the Board can then make a decision. Commissioner Stokes concurred. Commissioner Bates stated that the question is “who should own this property” and was in favor of the county being involved but not convinced that the county be

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the owners of it. Commissioner Stewart stated that a more appropriate owner would be the state, water management district, public educational institution or even a non-profit group as opposed to the county. Commissioner Maxcy commented that he would agree to the surplus of this property for the county, monitor the restoration very closely and to instruct the county attorney to meet with the water management district and go before the Judge to determine if the property can be transferred without restrictions. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to instruct the county attorney, Ross Macbeth, to get with South Florida Water Management and see what kind of deed can be prepared. Commissioner Jackson stated that he is not concerned with the expenditures and would like to negotiate the commitment of Highlands County to this program be minimized. Commissioner Stewart questioned if this was part of the motion. Commissioner Jackson commented no and that this is his position. Commissioner Bates stated that who owns the land is the person who has to pay the bills. Commissioner Stewart questioned if the motion was to go before the Court not the Water Management District Board. Commissioner Stokes stated that his motion was for the Water Management District to go before the Judge and have Atty. Macbeth deal with them to review the legality of the deed. Commissioner Jackson stated that he seconded to have them go before the Judge to have determined the conditions of ownership. Commissioner Stokes commented that this was his motion and that was the intention. Public input was received from John Drennan. Upon roll call, all Commissioners voted aye, except Commissioner Stewart and Commissioner Bates, who voted nay. Motion carried. See SMB 50 Page 18. Break 10:47 A.M. to 11:04 A.M.

C. Housing Director: CWHIP Presentation, Request of grant to CLT in order to purchase land for the CWHIP project.

Penny Phillippi, Housing Director, gave a brief power point presentation of the CWHIP proposal. Corbett Alday, Guardian Community Resource Management, thanked the Commission for their support. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to grant $500,000.00 of Hurricane Housing Recovery Funds (HHRP) to the Heartland Community Land Trust, Inc., for the purpose of purchasing a 20 acre parcel to be used for the CWHIP project. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 19. 6. PUBLIC HEARING: To request a Lien for Case CE 05040206, 514 Valencia Street, Sebring, Highlands County, Florida. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of county’s expenses. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 20 and Clerk of Courts Official Records. 7. PUBLIC HEARING: To request a Lien for Case CE 04080079, 539 Broad Street, Sebring, Highlands County, Florida. April Hartseil, Code Enforcement Officer, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve this lien pursuant to Highlands County Code of Ordinances, Section 5.6-7, to begin the collection of county’s expenses. Commissioner Stewart commented on the administrative fees. Commissioner Maxcy questioned if it would be necessary to have a public hearing to change the fee system. Ross Macbeth, Board Attorney, commented that the administrative fee was set by the Board and the Board could change it and establish a system to track the cost. Commissioner Stewart suggested possibly changing it beginning in the new fiscal year.

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Commissioner Maxcy advised staff to bring this back up beginning the new fiscal year. Upon roll call, all Commissioners voted aye. Motion carried. See Clerk of Courts Official Records. 8. PUBLIC HEARING: To request a Lien for Case CE 05030152, 149 Lake June Dr., Lake Placid, Highlands County, Florida. Eddie Conklin, Code Enforcement Officer, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve this lien pursuant to Highlands County Code of Ordinances, Section 5.6, to begin the collection of county’s expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Clerk of Courts Official Records. 9. PUBLIC HEARING: To consider a Resolution to Vacate an Easement described as the North

10.0 feet of Lot 12, Block 64, Placid Lakes, Section 19, 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. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Clerk of Courts Official Records and Res. Book 20 Page 6. 10. PUBLIC HEARING: To consider a Resolution to Vacate a Plat being the Plat of Lake Byrd

Village as recorded in Plat Book B-14, Page 85, of the Public Records of Highlands County, Legal descriptions as follows: the Southwest ¼ of the Southeast ¼ of the Northeast ¼ of Section 9, Township 33 South, Range 28 East, Highlands County, Florida, less the South 30.00 feet thereof for road right-of-way, and less the North 195 feet of the East 300 feet thereof.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to adopt the Resolution to vacate the plat as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Clerk of Courts Official Records and Res. Book 20 Page 7. 11. PUBLIC HEARING: To consider a Resolution to Vacate an Easement being the East and

West 10 foot drainage and/or utility easement of Lot 5, Block 51, less and except the South 10 feet thereof, Placid Lakes, Section 19, according to the Plat thereof, as recorded in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned that she thought a procedure was in place to prevent this from happening. Carl Cool, County Administrator, stated that a permit was issued on top of the easements and he was unaware of how this occurred. Jim Polatty, Development Services Director, stated that this was a mistake. Mr. Gavarrete stated that the permit application had a boundary survey with a note from the contractor that they would not build over the easements. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to adopt the Resolution to vacate the easement as described as the East and West 10 foot drainage and/or utility easement of Lot 5, Block 51, less and except the South 10 feet thereof, Placid Lakes, Section 19, according to the plat thereof as recorded in plat book 9, page 14 of the public records of Highlands County, Florida. Commissioner Stewart questioned once this was placed on the agenda was construction halted or was he allowed to continue to construct. Mr. Gavarrete stated he told the contractor to halt construction until this was approved. Upon roll call, all Commissioners voted aye. Motion carried. See Clerk of Courts Official Records and Res. Book 20 Page 8.

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12. PUBLIC HEARING: Public Hearing for One (1) zoning change and one (2) correction of a

scrivener’s errors on prior approved land use and zoning change are on the Board of County Commissioners Agenda for February 27, 2007. The zoning change (P&Z 1882) agenda item was heard by the Planning and Zoning Commission on February 13, 2007.

HEARING #1882 – EDWARD JONES – ARNOLD R. WILSON Approximately 1.5 acres located on the Southwest corner of Ernest E. Sims Street and Cummings Avenue South of Avon Park, Florida, and abbreviated legal as follows: Approximately 1.5 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A zoning change from M-1 (Mobile Home Subdivisions district) to R-2 (Two-Family Dwelling district). Applicant desires to construct five single family dwellings. Jim Polatty, Development Services Director, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned the condition on the rezoning. Mr. Polatty stated that it’s required for the LDR. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to adopt by Resolution P&Z 1882, amending the Zoning Atlas from M-1 (Mobile Home Subdivision district) to R-2 (Two-Family Dwelling district) for 1.45 acres, referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 9. HEARING #CPA-04-296LS - KAHN CITRUS INC. - C/O BEN CROSBY Subject property is located on the east side of Scenic Highway, north of Sebring Parkway, and legally described as follows: Approximately 19.43 acres located in Sec. 13, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (High Density Residential). HEARING #1743 - KAHN CITRUS INC. - C/O BEN CROSBY Subject property is located on the east side of Scenic Highway, north of Sebring Parkway, and legally described as follows: Approximately 19.43 acres located in Sec. 13, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district). Applicant desires to construct multiple family dwellings. HEARING #CPA-04-297LS - KAHN CITRUS INC. - C/O BEN CROSBY Subject property is located on the northeast corner of Sebring Parkway and Scenic Highway, and legally described as follows: Approximately 15 acres located in Sec. 13, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (Commercial). HEARING #1744 - KAHN CITRUS INC. - C/O BEN CROSBY Subject property is located on the northeast corner of Sebring Parkway and Scenic Highway, and legally described as follows: Approximately 15 acres located in Sec. 13, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A zoning from AU (Agricultural) to B-3 (Business district). Applicant desires the permitted uses in B-3. Jim Polatty, Development Services Director, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned why these are being called scrivener’s errors. Mr. Polatty stated that these were mistakes and they were unsure of what to call it so they decided on scrivener’s error. Ross Macbeth, Board Attorney, stated that whoever wrote it out made a mistake. He also stated that these are not comprehensive plan changes or zoning amendments they are simply correcting the legal description and recommended approving these documents. Commissioner Stewart questioned if this has to go back to DCA. Attorney Macbeth

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commented that this isn’t a comprehensive plan change just correcting a mistake. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the Ordinances and Resolutions. Attorney Macbeth suggested reading the captions into the record as follows: Ordinance No. 06-07 , an Ordinance of the Board of County Commissioners of Highlands County, Florida, providing for an amendment to the future land use map of the Highlands County Comprehensive Plan by correcting a scrivener’s error in the legal description contained in the Highlands County Ordinance No. 04-05-36; providing for severability; providing for conflict; and approving for an effective date. Resolution No. 06-07 , a Resolution of the Board of County Commissioners of Highlands County, Florida, providing for an amendment to the official zoning atlas of Highlands County, Florida, by correcting a scrivener’s error in the legal description and Ordinance reference contained in Highlands County Resolution No. 03-04-181; providing for severability; providing for conflict; and providing for an effective date. Ordinance No. 06-07 , an Ordinance of the Board of County Commissioners of Highlands County, Florida, providing for an amendment to the future land use map of the Highlands County Comprehensive Plan by correcting a scrivener’s error in the legal description contained in Highlands County Ordinance No. 04-05-52; and providing for severability; providing for conflict; and providing for an effective date. Last Resolution, is Resolution No. 06-07 , a Resolution of the Board of County Commissioners of Highlands County, Florida, providing for an amendment to the official zoning atlas of Highlands County, Florida, by correcting a scrivener’s error in the legal description contained in Highlands County Resolution No. 04-05-168; providing for severability; providing for conflict; and providing for an effective date. Commissioner Jackson stated that these were the Ordinances and Resolutions that he intended to adopt. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 10 and Ordinance Book 12. 13. COMMISSIONERS

Commissioner Stewart presented a brief power point presentation of the Highlands County Fair Booth at the Tampa State Fair.

Commissioner Bates commented on the Sheriff’s cleanup of Highway Park which was conducted last Friday and Saturday.

Commissioner Stokes that he will not be able to make the Highlands County Coalition meeting due to the Special Meeting scheduled for this Thursday.

Commissioner Maxcy commented that he wants to use lapel microphones since he is receiving complaints from the public. After discussion with the Board, they have agreed to have the microphones extended and put a sign up as reminder to the Commissioners and if that doesn’t work then they will consider lapel microphones. He also commented on the railroad ties that were on fire in Venus.

Commissioner Stokes commented on the fire on Hwy 721/Wheeler Road. 14. ADJOURN The meeting adjourned at 12:23 P.M.

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SPECIAL MEETING OF THE BOARD MARCH 1, 2007

1. The meeting was called to order at 10:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes J. Ross Macbeth

Andrew Jackson Antonia Rivera Barbara Stewart Don Bates

Bob Jamison was absent from meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Kevin Roberts. The Pledge of Allegiance was led by Gary Pinnell. 3. ACTION AGENDA Motion by Commissioner Bates, seconded by Commissioner Jackson, to approve the action agenda as amended to include addition of item “B”. Upon roll call, all Commissioners voted aye. Motion carried.

A. Discussion of the Capital Financial Strategy (CFS) Carl Cool, County Administrator, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Mr. Cool commented that an updated in-house space need study needs to be done and would like to move ahead on that. Commissioner Stewart commented that she would like to have any land and physical feature constraints or potential expansion of the buildings upward. Commissioner Maxcy stated that he would like the cost of purchasing the land up through the railroad tracks on Commerce Avenue. Commissioner Stewart questioned if the CFS is primary part of Fund 151. Mr. Cool commented that there are impact fees and General/Fund 005 monies. Commissioner Stewart questioned who makes the decision on what funding goes in and what doesn’t. Tim Mechling, Budget Manager, stated that it primarily comes from the infrastructure surtax. Commissioner Stewart questioned the item on page “1” of the CFS Summary Option C-4. She asked if the Funding Source under Grants includes loans. Mr. Mechling addressed her question. Mr. Cool asked the Board to review the Fund Balance on page “1” because those are very important numbers. Commissioner Stokes requested some explanation on the asphalt loan figure under, “Other Sources” on page “1”. Commissioner Stewart suggested to start with the “Transportation” section on page “2” of the CFS and suggested that Mr. Gavarrete explain the justification for these projects. Ramon Gavarrete, County Engineer, presented the Sebring Parkway Phase II and commented that this is an ongoing project and it is funded from impact fees. He also advised the Commission that he wanted to explain why Phase 4 has money prior to Phase 3. He stated that there is one reason and that’s because they don’t have a right-a-way for Phase 4 and they have it for Phase 3. Commissioner Stewart questioned if the Airport Road Widening Phase C project was off. Mr. Gavarrete stated yes. He presented the George Blvd. Extension and commented that they are currently discussing the activation of the traffic signal on George Boulevard and U.S. 27 with DOT. He continued and presented the Tractor Road project and stated that they are working on the paving of this road but currently dealing with DOT and Water Management District. He then presented the Sun ‘N Lakes Blvd./Ponce De Leon Intersection and commented that they plan on removing the first circle and have a signal put in. Commissioner Bates questioned if his numbers reflect an existence of an asphalt plant. Mr. Gavarrete stated that this project was submitted using contract pricing. He then presented the Stryker Road

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Improvement, Avon Parkway to Stryker Road and Avon Estates Blvd projects and commented that these are in the CFS but not until the 5 year plan. He then presented Sun ‘N Lake Blvd./Ponce De Leon to U.S. 27 (6LN) and advised that these funds are for design. He then presented Flare Road Extension Design and stated that they are planning to connect to Sebring Hills South. He then presented Sparta Road, Hwy. 66 to U.S. 27 and commented that these funds are to four-lane a portion of Sparta Road. He then presented Hammock Road to Lakewood and commented that funds are to four-lane Hammock Road and construction on improvements on the intersections due to a traffic issue. He then presented Sun ‘N Lake North/South Road and commented that this is for right-of-way and construction from Schumacher and Avon Park Boulevard. Commissioner Stewart questioned the source of funding. Mr. Gavarrete stated that this is 100% impact fee funded. He then presented Heartland Blvd. and commented that this is for design, right-of-way and construction which would include to four-lane this road. He then presented Tangerine Drive to Marquata to West Interlake and Lake Groves Road and commented that these are for design, right-of-way and construction. He then presented Daffodil Street Extension and this is not funded under fiscal year 11/12 and funds in fiscal year 13/14 and possibly more needs for additional funds in the future. He then presented the Sebring Airport Interlocal agreement and stated that this was approved by the Board and those expenditures are scheduled for this year. He then presented Avon Park Airport improvements and the Asphalt plant and stated that the board needs to take action on these. He then presented the equipment for road construction and engineering, and commented that this has been done annually to replace old equipment. He then presented SSA/SIR funding and commented that comes from an Interlocal Agreement which was approved by the Board back in 2001 which is for track improvements. He then presented Memorial Drive/College Drive Multi Use Path and commented that they are working with DOT and will come to the Board to approve a Local Agency Agreement with DOT and a Consultant Service Agreement. He then presented the reconstruction of Old SR 8 and commented that the Board has already approved a Joint Project Agreement on this project and a Consultant Services Agreement is in the process of coming before the Board for approval. He then commented that they have funds in the fiscal year 07/08 in grants applications for resurfacing/reconstruction of Highlands Avenue from Sheriff’s Tower Road to Arbuckle Creek Road and for CR 621 from unit 3 to the curve. He then commented that they have state funds for highway lighting of U.S. 27, CR 621, CR 29, SR 70 and Jefferson and a Joint Project Agreement will be coming to the Board for approval in fiscal year 09/10. Commissioner Stewart suggested having a column under fiscal year 06/07 for each project and how much money has already been spent. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the Transportation Fund Budget as presented. Upon roll call, all Commissioners voted aye. Motion carried. Break 12:04 P.M. – 12:20 P.M. Cont’d Discussion of the Capital Financial Strategy (CFS) Commissioner Stewart questioned if the figure of $179,012.00 includes the design of the ball fields. Vicki Pontius, Parks and Recreation Director, stated yes. Commissioner Stewart commented that she would like to know what the projects are before they come to the Board so they can be evaluated against each other. Ms. Pontius stated that she would provide the Board with a copy of all the projects. Carl Cool, County Administrator, stated that they would provide it in the agenda package this coming Tuesday so they can review what projects have been approved in the past years. Ms. Pontius stated that she would like to have a large community recreation room ADA compliant and rent it out to the public for the future. Commissioner Maxcy stated that he liked this and questioned if this was one of her actions steps for the future. Ms. Pontius stated yes. Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve the Parks and Recreation RPAC’s recommendation on this schedule. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Maxcy questioned if any

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of the Commissioners had any questions on the Water/Sewer. No questions from the Commissioners. See SMB 50 Page 21.

B. Discussion of the Funding for the Shumacher Road Extension Commissioner Maxcy presented the request. Commissioner Stewart stated that she would like to request funding assistance from the State on the extension of Schumacher Road before sessions begin next week. Commissioner Stokes concurred. Commissioner Stewart stated that a letter needs to go out this week before the legislature convenes. Commissioner Maxcy commented to make a motion that staff will prepare a letter for the Chairman’s signature. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to instruct staff to prepare a letter for the Chairman’s signature and this letter is to be addressed to all three members of our legislative delegation. This letter would be the County requesting funding assistance on the extension and improvement of Schumacher Road and to outline how this would be a benefit to the State to provide this assistance, and also state that once the road is complete between here and Hardee County, the county would be willing to close the road through the park. Commissioner Stokes questioned why they are promising to close the park. Commissioner Stewart commented that they would not be able to get the funding without it. Commissioner Jackson stated to state that the Board would consider it. Ross Macbeth, Board Attorney, commented that they can’t commit to anything without a public hearing. Commissioner Maxcy commented that he would be highly motivated to consider closing the road through the Hammock. Commissioner Stokes questioned if they could state that they are highly in favor of closing Hammock Road. Mr. Macbeth stated that they should not commit to anything that requires a public hearing because that would indicate that you made a decision and it’s not appropriate. Mr. Macbeth stated that they should only commit to have a public hearing. Commissioner Stewart stated that this letter should state that they would commit to a public hearing. Commissioner Maxcy stated that they have a consensus from the Board that they would consider, through a public hearing, the closing of the road through the Hammock. Carl Cool, County Administrator, commented that the Hardee County Board of County Commissioners was highly against this project years ago. Commissioner Bates commented that Senator Alexander requested the letter. Commissioner Maxcy instructed staff to prepare the letter for his signature. Upon roll call, all Commissioners vote aye. Motion carried. 4. ADJOURN The meeting adjourned at 1:00 P.M.

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REGULAR MEETING OF THE BOARD MARCH 6, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Edgar Stokes. The Pledge of Allegiance was led by Frank & Patty Storey from AmVets Post 21 in Sebring. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings:

Mar. 6 3:00 pm Highlands Soil & Water Conservation Dist.

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

Mar. 6 7:00 pm Construction Licensing, Enforcement & Appeals Board

Board room, 600 S. Commerce Ave., Sebring, Florida

Mar. 8 1:30 pm Industrial Development Authority/Economic Development Authority Board of Directors

2113 U.S. 27 S., Sebring, Florida

Mar. 8 3:30 pm HC Business Accelerator Board 2113 U.S. 27 S., Sebring, Florida Mar. 13 3:00 pm Children’s Services Council, We Care

Hotline Sub-Committee 1000 S. Highlands Ave., Sebring, Florida

C. Other meetings: The Lake Placid Growth Management will meet today at 4:00 p.m. The

Local Planning Commission will meet on Tuesday, March 13, 2007 at 3:00 p.m. in the Board room, located at 600 S. Commerce Avenue, Sebring, Florida. The Historic Preservation Committee will meet on Thursday, March 8, 2007 at 2:00 p.m. in Courtroom “A” in the Highlands County Courthouse located at 430 S. Commerce Avenue, Sebring, Florida. The Highlands County Library Board will meet on Thursday, March 15, 2007 at 4:00 p.m. at the Sebring Public Library. The Heartland Cooperative Board will meet on Wednesday, March 14, 2007 at 10:00 a.m. at the Lake Placid Memorial Library in the meeting room. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 6, 2007. General ……………………………………2,729,800.75

County Transportation Trust …………… 110,940.76

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Local Govt Infra Surtax ……….………… 232,631.82 Tourist Dev Trust Fund ……………….… 16,547.50 Affordable Housing Asst ………………… 7,024.11 Hurricane Housing Rec Pro ……………… 1,638.94 Sebring Parkway Maint …………………… 764.89 Solid Waste ...……………………………… 127,877.69

Placid Utilities ...…………………………… 2,769.88 Highway Park Utility ……………………… 370.53 Intergovt Radio Communication …………. 1,189.44 Tax Deed Surplus Fund ……………………. 18,245.18 HCISSRB Construction Fund …………… 368.10 Law Library Trust Fund …………………… 643.64 Building Fund ………………………………. 1,208.00 Comm Development Block …………………. 13,487.87 Home Initiatives Partner …………………… 5,280.00 Court Tech 28.24(12) (E) 1 …………………. 505.09 Employee Benefit Fund …………………….. 3,352.14

B. Request to Release a Nuisance on Case # CE 05070052, 125 Blue Fish Drive, Sebring,

Highlands County, Florida. See Clerk of Courts Official Records. C. Request to Declare a Notice of Nuisance on Case #CE 06080258, 587 Serenade Terrace,

Lake Placid, Highlands County, Florida. See Clerk of Courts Official Records. D. Request to re-appoint Clarence Polston, Steve Hall, Curtis Weldy, Mark Woodcock and

Daniel Ritter to the Construction Licensing, Enforcement and Appeals Board. See SMB 50 Page 22.

E. Request for authorization for the Chair to sign Kronos Software License and Service Agreement. See SMB 50 Page 23.

F. Request authorization of Inter-Departmental Fee Waiver for Large Tree Stumps and Trunks. See SMB 50 Page 24.

G. Request approval to replace wrecked RB1225/1614 (service truck). This item was pulled from the consent agenda and placed on the action agenda. H. Request approval of budget amendment 06-07-103. See SMB 50 Page 25.

4. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Sheriff Benton and Judge Shinholser: Request for funding of Court Security Improvement.

Sheriff Susan Benton presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the funding of court security improvements listed under item 1, 2, 3, 4, 5 and 6 as listed in this Memorandum in the estimated range of $100,000.00 to $140,000.00 and the funding source will be Fund 176 with a corresponding budget amendment. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 26.

B. General Services/Purchasing Director: Request approval of a Proclamation in recognition of “Purchasing Month, March 2007”.

Gerald Secory, General Services/Purchasing Director, presented the request and read the proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to

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approve the proclamation designating March 2007 as The Board’s Purchasing Month in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 27.

C. Parks and Recreation Director: Request approval of an RPAC recommendation for Highlands County School Board

Vicki Pontius, Parks and Recreation Director, presented the request. Wally Cox, Superintendent of the Highlands County Schools, stated that this project is to develop a playground at Lake Placid Elementary for disabled and non-disabled children. John Varady, Lake Placid Elementary ESE Teacher, Carole Disler, Principal at Lake Placid Elementary, and Sandra Bass, ESE Parent Advocate, spoke in support of this project. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve the RPAC recommendation to expend up to $45,000.00 from the infrastructure account for a universal playground for the Lake Placid Elementary School, along with accompanying paperwork. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 28.

D. County Administrator: Request approval to replace wrecked RB1225/1614 (service truck) Commissioner Stewart questioned how much this item was going to cost. Bruce Van Jaarsveld, Road & Bridge Superintendent, stated that this is to replace a 1994 Ford F350 which has 162,000 miles and was involved in an automobile accident and they have money in the underrun to replace the truck that has been totaled. Commissioner Jackson questioned how much insurance was going to pay. Mr. Van Jaarsveld commented that the book value in the amount of $5,120.00 was being paid. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve replacing wrecked truck RB1225/1614. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 29.

E. County Administrator: Further discussion of the Capital Financial Strategy Carl Cool, County Administrator, presented the request and began with the General Government section in the CFS. He presented the first project, Ambulance Replacement from 151 and stated that this is to replace one ambulance a year. Commissioner Jackson stated that he wanted to know what is being done with the one that is being replaced. Rick Weigand, EMS Director, stated that they auction and donate them. Commissioner Jackson questioned if they plan on increasing the amount of ambulances in the future. Mr. Weigand stated that possibly in fiscal year 08/09 they may look into a 9th

ambulance fulltime. Mr. Cool presented the next project, replacing Road & Bridge Unit I & III building. Bruce Van Jaarsveld, Road & Bridge Superintendent, stated that this is to move the vehicle inspection building in Lake Placid to another location. Mr. Cool presented the next project, Public Works Complex and he stated that this item requires no action. He then presented the next project, Expansion of Traffic Operations Building. Ramon Gavarrete, County Engineer, stated this project will be pushed for construction next year. Mr. Cool presented the next project, Supervisor of Elections building and stated that this is just for a space needs study. He then presented the following project, Public Defender’s Office building and stated that the Board of County Commissioners are obligated under F.S. to provide them with office space. He then presented the next project, County Annex building and commented that this is to purchase land for horizontal expansion of the County Annex. Commissioner Maxcy commented that he would like some other ideas on purchasing other properties and expanding in other directions. Commissioner Stewart commented that a space needs study needs to be done from those departments before a decision is made. Mr. Cool presented the next project, Highlands County Regional Library and commented that this is to build another library in year 10/11. Commissioner Jackson questioned if this is from impact fees? Mr. Cool commented yes. Commissioner Stewart stated that she would like to rename this project to Highlands County Library Facilities and to come up with a flexible plan over the years depending on growth in the County.

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Break 10:50 A.M. – 11:05 A. M. Cont’d discussion of the Capital Financial Strategy: Mr. Cool presented the next project, Medical Examiner’s building and stated that the Board already committed to this project. He then presented the next project, Veterans/Human Services Addition, and stated that no action is needed since this is an item which has been in the budget for several years and a space needs study is being done by Chastain-Skillman. Mr. Gavarrete presented the project, Parking Lot “A” and “B”, and commented that this is for additional parking lots behind the Sheriff’s office for overflow parking. Commissioner Stewart questioned if they would be constructing parking lots on land owned by the County or, also, the purchasing of land. Mr. Gavarrete stated that the County already owns the land. Tim Eures, Emergency Operation Director, presented the next project, Pumper Tanker, and commented that this is for the purchase of three additional pumper tankers to supply the rural areas. He then presented the next project, First Out Engine, and commented that this is to replace an apparatus. He then presented the next project, Station Spring Lake, and commented that as the airport grows, this will impact this station. He then presented the next projects, Brush Truck and Ladder Truck aerial. He then presented the next project, EOC expansion, and commented the need for additional space in the future. Commissioner Stewart commented that she would like to rename this project to Central Fire Services Expansion. Mr. Eures presented the next project, Expansion for 24-Hour Staff, and commented in the future, depending on growth of the county, a 24-hour manned station may be needed. He then presented the next project, Station Sevon Area, and commented on possibly constructing a station on Hwy. 17 since they don’t have one, depending on growth in the future. Commissioner Maxcy presented the Solid Waste section of the CFS. Commissioner Stewart stated that she would like some explanation of the Gas to Energy project. Ken Wheeler, Solid Waste Director, commented that this has been budgeted for several years to keep exploring the use of gas for beneficial use. Commissioner Stewart questioned if this pays for consultant fees. Mr. Wheeler stated this pays for some consultant fees and improvements in the future. Mr. Wheeler presented the Compactors project and commented that this is to replace a compactor in the fiscal year 08/09. Commissioner Stewart commented that she would like an explanation on the Tarp Machine. Mr. Wheeler stated that this is a replacement for a new tarp machine. Commissioner Stewart questioned if all these items under equipment are replacements. Mr. Wheeler stated yes. Commissioner Stewart commented that they are giving back 1million to the General Fund yearly. Mr. Wheeler stated yes. Commissioner Stewart stated that under Transfers it states that the 1 million is being transferred to the General Fund and she stated that this needs to be changed since this is incorrect. Mr. Cool concurred. Commissioner Stewart commented that this should be called the County Transportation Trust Fund. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to adopt the Capital Finance Schedule. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 30. 6. CITIZENS NOT ON THE AGENDA No participants. 7. COMMISSIONERS

Commissioner Stewart commented on the meeting she attended yesterday on the graduation of the first six inmates who completed the JASA program.

Commissioner Maxcy commented that he would like to instruct Mr. Cool to place a discussion in the next two weeks on the agenda for possibly lowering the ad-valorem taxes and capping government spending.

8. ADJOURN

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The meeting adjourned at 12:27 P.M.

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REGULAR MEETING OF THE BOARD MARCH 13, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by David Flowers, Facilities Management Director. The Pledge of Allegiance was led by Jim Brantley, Tourism Director. 3. ANNOUNCEMENTS

A. Clerk Deputy Clerk, Bob Jamison, presented a report of the Clerk of Courts Monthly Report of Business Services for February, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 50 Page 31.

B. Upcoming County meetings:

Mar. 13 3:00 pm Children’s Services Council, We Care Hotline Sub-committee

1000 S. Highlands Ave., Sebring, Florida

Mar. 13 3:00 pm Planning & Zoning Commission & the Local Planning Agency

Boardroom, 600 S. Commerce Ave., Sebring, Florida

Mar. 13 3:00 pm Zoning Board of Adjustment Boardroom, 600 S. Commerce Ave., Sebring, Florida

Mar. 14 7:30 am Industrial Development Authority & Economic Development Commission Board of Directors

2113 US 27 S., Sebring, Florida

Mar. 14 8:00 am Local Mitigation Strategy Working Group

501 S. Commerce Ave., Sebring, Florida

Mar. 14 10:00 am Heartland Library Cooperative Board

Lake Placid Public Library

Mar. 14 10:00 am HC Community Traffic Safety Team

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

Mar. 14 9:30 am Central FL Regional Planning Council

7205 S. George Blvd., Sebring, Florida

Mar. 15 9:00 am HC Housing Authority 2300 Hope Circle, Sebring, Florida Mar. 15 9:00 am Lake Istokpoga Management

Committee #1, Ag-Center, 4509 George Blvd., Sebring, Florida

Mar. 15 9:30 am HC Community Health Improvement Planning Committee

7205 S. George Blvd., Sebring, Florida

Mar. 15 4:00 pm HC Library Board Sebring Public Library C. Other meetings: The Tax Collector is having a Bake-Sale today to benefit the Relay for Life.

Planning and Zoning will meet today at 4:30 p.m. and the Transportation Concurrency Management/Proportionate Fair-Share Programs are going to be discussed.

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4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 13, 2007. General 257,766.40

County Transportation Trust 12,555.46 Local Govt Infra Surtax 62,023.91 Tourist Dev Trust Fund 2,014.80 Affordable Housing Asst 47,915.14 Hurricane Housing Rec Pro 101.00 Sebring Parkway Maint 100.00 Solid Waste 17,677.10

Placid Utilities 262.34 Highway Park Utility 22.68 Intergovt Radio Communication 807.70 HCISSRB Construction Fund 8,500.00 Building Fund 2,758.86 Home Initiatives Partner 125,211.25 Special Law Enforcement 1,267.50 Risk Retention Fund 7.68 Employee Benefit Fund 15.51 Tax Deed Surplus Fund 18,167.46

B. Request approval of the minutes of the board meetings dated February 20, and 27, 2007. See Clerk of Courts website.

C. Request approval of County-initiated zoning change in Placid Lakes Subdivision. See SMB 50 Page 32.

D. Request approval of Placid Utilities Advisory Committee recommendation to name Richard Baker and Dana Hurlbut to be voting members of the committee. See SMB 50 Page 33.

E. Request approval to appoint Tres Stephenson, Mark Stewart and Sandy Greenslade to a four-year term ending May 1, 2011 on the Tourist Development Council Board. See SMB

50 Page 34. F. Request approval of Tourist Development Council’s request to expend $1,500 from

tourism funds to support marketing Highlands County in conjunction with the Highlands County Legislative Day. See SMB 50 Page 35.

G. Request for execution of FY 06-07 Recreation Interlocal for City of Sebring. See SMB 50 Page 36.

H. Request approval of the Technical and Clarifying Revision to the 2004-2007 Local Hurricane Housing Recovery Plan (HHRP) – Increasing the term of our Repair Note and Mortgage to five (5) years to match federal and state funds. See SMB 50 Page 37.

I. Request approval of the Habitat Contract. See SMB 50 Page 38. J. Request approval of a Resolution in recognition of “Keep Highlands County Beautiful

Great American Cleanup March 2007”. Sherri Cooper, Keep Highlands County Beautiful Coordinator, read the Resolution into the record. See Res. Book 20 Page 11.

K. Request approval of Plat Recordation – Lake Pythias Estates. See Clerk of Courts Official Records.

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L. Request approval of a Resolution to establish a Public Hearing for closing a portion of unnamed roads of Price and Gorham Subdivision. See Res. Book 20 Page 12.

M. Request approval of Exhibit “A” FY 07/08 Traffic Signal Intersections maintained and operated by Highlands County and a Resolution authorizing the Chairman to sign per approved FDOT Traffic Signal Maintenance and Compensation Agreement. This item was pulled from the agenda. See SMB 50 Page 39.

N. Request approval to waive the rental fee for H.L. Bishop Park in the amount of $92.80 as requested by Sylvan Shores Homeowners Association. See SMB 50 Page 40.

O. Request approval of Sebring Parkway Phase II – Right of Way Acquisition Highlands County Project No. 011101 approval of Addendum No. 1 to Interlocal Agreement and Consultant Service Authorizations for Sebring High and Fred Wild Elementary Schools. See SMB 50 Page 41.

5. PUBLIC HEARING: Public Hearing on one zoning change and one (1) small scale plan

Amendment. HEARING #CPA-07-411SS – ROBERT CRUSE AND ROSA LEE CRUSE – C/O CLIFFORD R. RHOADES Approximately 5 acres located on the Northwest corner of Kenilworth Boulevard and Peters Road, and abbreviated legal as follows: located in Sec. 34, Twp. 34S, Rge. 29E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Medium Density Residential.) HEARING #1879 – ROBERT CRUSE AND ROSA LEE CRUSE – C/O CLIFFORD R. RHOADES Legal description as stated above (Item #6A.) Request: A zoning change from AU (Agriculture) to R-2 (Two-Family Dwelling district.) Applicant desires to construct single family and/or duplexes. Jim Polatty, Development Services Director, presented the request. Proof of Publication was provided to the Clerk to become a part of the permanent record. Commissioner Maxcy questioned if this has been changed to single family homes and under which zoning. Mr. Polatty stated that they are proposing single family homes under R-1 FUD. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to continue hearing number CPA-07-411SS and P&Z 1879 until March 27, 2007 at 9:00 A.M. or soon thereafter as possible in the Board of County Commission Chambers. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 42. 6. PUBLIC HEARING: Request approval of an Ordinance of the Board of County Commissioners of Highlands County, Florida providing for changes to Chapter 12 of the Code of Ordinances, Highlands County, Florida pertaining to the Land Development Regulations; providing for amendments to Article 2 – definitions and abbreviations; providing for amendments to Division 1 – Concurrency of Article 13 – other administrative procedures; providing for conflict; providing for inclusion in Code; providing for severability; providing for an effective date. This item was pulled from the agenda. See SMB 50 Page 43. 7. ACTION Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

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A. OMB Director: Request approval of Sun Trust Lease of Landfill and Sheriff’s Office Communications Equipment request.

Bernis Gainer, OMB Director, presented the request. Commissioner Jackson questioned the interest rate and whether or not this is a commitment. Mr. Gainer stated that the interest rate was 4.058% on the initial proposal from Suntrust Bank on February 28, 2007 and the subsequent rate was 3.94%. Commissioner Jackson questioned if this was an actual commitment or will it require approval. Mr. Gainer stated that he is asking for the Board’s approval so he can go forward with the lease agreement and he stated that this is not a final commitment from Suntrust Bank. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move that the Board waive the standard purchasing procedures; append to the existing Suntrust Master Lease Agreement and proceed with the lease of the budgeted Landfill equipment and the Sheriff’s Office Motorola Communications equipment. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 44.

B. Development Services Director: Request approval to re-appoint the existing Board of Adjustment and the Planning & Zoning Commission/ Local Planning Agency members.

This item was pulled from the agenda. See SMB 50 Page 45.

C. Approval of Smart Cop Project Pay Down & Radio Purchase and approval to expend funds from the Special Law Enforcement Trust Fund

Sheriff Susan Benton presented the request. Commissioner Stewart asked the Sheriff to give a brief description of the request for the public. Sheriff Susan Benton stated that this is a lease for Smart Cop system. They have decided to payoff the entire Smart Cop project so it will save a lot of interest and they just received a memorandum from Motorola on a price cut on portable radios and it has been budgeted. If this is done today, they will be saving $25,000.00 in this sale. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve payment request No. 4 for submission to Suntrust for final disbursement of funds, request for escrow account close out, and accompanying Budget Amendment and Resolution for the above project and radio purchases. Rick Helms, Assistant County Administrator, stated that the Sheriff’s office has indicated that a request for certain journal entries are going to be provided from the Sheriff’s office to insure these budget amendments are in order. Sheriff Susan Benton commented that this has been done. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stewart commented that there is another motion. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve expenditure from the Special Law Enforcement Trust Fund Multi-05-06, (170-3115) for the above purchases, along with the accompanying budget amendment which transfers the funds to the appropriate capital account. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 46 & Res. Book 20 Page 13.

D. Board Attorney: Request approval of loan documents for Neighborhood Lending Partners of West Florida, Inc. and National Development Foundation, Inc., pertaining to Sleepy Hollow.

Ross Macbeth, Board Attorney, presented the request and stated that the loan will be made to the County with no interest through December 31, 2007. He also presented the Board with an Assignment of Note, Modification of Multifamily Mortgage, Assignment of Rents and Security Agreement, Renewal Multifamily Note document which changes the interest rate to zero and the due date. He also presented a First Amendment to Loan Agreement document which has been drafted and prepared by him and approved by National Development Foundation, Inc. and Neighborhood Lending Partners of West Florida, Inc. They are signing them and sending them back overnight and should be received tomorrow. He requested that the Board approve the purchase of the loan from Neighborhood Lending Partners of West Florida, Inc. and authorize the Chairman and Clerk to sign these documents to deliver the funds. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve

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the loan documents for Neighborhood Lending Partners of West Florida, Inc., National Development Foundation, Inc. and the Board of County Commissioners pertaining to Sleepy Hollow and further authorize the Chairman and the Clerk to sign these documents. This also includes delivery of the funds, which have been prepared by the County Attorney. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 50 Page 47.

D. County Administrator: Report on trip to St. Lucie County Carl Cool, County Administrator, gave a report on his trip to St. Lucie County on March 2, 2007 to talk about their experience with a development which was part of the Rural Land Stewardship Program. He commented that he was very appreciative of St. Lucie County for all the information and booklets that they gave him for future references and commented that he looked forward to meeting with Collier County on Monday. Commissioner Maxcy commented on the importance of the County being completely prepared for the changes in the upcoming years. Commissioner Stewart stated that it would be good idea to individually meet with the other Commissioners from other counties at the Florida Association of Counties meeting next week and get their perspectives. She also commented on the tremendous potential for this county. Commissioner Maxcy requested that Mr. Cool take notes at the meeting with Collier County and make a list of advantages and disadvantages. Commissioner Stewart questioned if copies could be made of the booklets that he brought back from his meeting for the Commissioners to review. Mr. Cool stated that he would make copies for the Board. 8. CITIZENS NOT ON THE AGENDA Ray Royce, Chairman for the Lake Placid Growth Management Committee, updated the Board with the meeting from the Lake Placid Growth Management Committee meetings. He commented that they are scheduled to meet the next four Tuesday’s and he will bring the final report to the Board of County Commissioners and Town Council once they’ve had public comment and review. Robert Tracy-Gould commented on his problem with the Zoning Department with zoning issues. He submitted these issues to the Zoning Department on February 15, 2007 and received no response. He also commented on the evasiveness received from Jim Polatty, Development Services Director. Commissioner Maxcy commented that he will rely on the County Administrator to speak and work on the personnel matters with him and requested that he also meet with the Board Attorney so Mr. Tracy-Gould’s zoning matter can be researched. Mr. Tracy-Gould thanked Commissioner Stewart for all her help in this matter. 9. COMMISSIONERS

Commissioner Stewart commented on the Ground Breaking of an Educational Facility at one of the SWFWMD Polk County properties.

Commissioner Stokes commented on the Nine County Coalition in Okeechobee that Clell Ford attended for him.

10. ADJOURN The meeting adjourned at 10:30 A.M.

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REGULAR MEETING OF THE BOARD, MARCH 20, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Maxcy. The Pledge of Allegiance was led by Jimmy Maxcy. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings:

March 22 10:30 am Keep Highlands County Beautiful 600 S. Commerce Ave., Room 251, Sebring, Florida

March 22 1:15 pm Highlands County Hospital Board 600 S. Commerce Ave., Boardroom, Sebring, Florida

March 26 8:30 am H.C.L.A. Tourist Tax Projects Committee

4344 George Blvd., Purchasing Conference Room, Sebring, Florida

March 26 2:30 pm Recreation and Parks Advisory Committee

501 S. Commerce Ave., Engineering Training Room, Sebring, Florida

March 28 4:00 pm Natural Resources Advisory Commission (NRAC)

501 S. Commerce Ave., Engineering Training Room, Sebring, Florida

C. Other meetings:

Extension Advisory Committee will meet on Thursday, March 22, 2007 at 12:00 p.m. at the Agri-Civic Center. 4. CONSENT AGENDA: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the agenda as revised. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 20, 2007. General 1,033,608.13

County Transportation Trust 17,556.92 Local Govt Infra Surtax 40,186.26 Tourist Dev Trust Fund 12,380.59 Affordable Housing Asst 25,129.95 Solid Waste 16,952.97

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Placid Utilities 11,171.30 Highway Park Utility 2,111.64 Intergovt Radio Communication 12,583.76 HCISSRB Construction Fund 188.34 Building Fund 1,592.69 Risk Retention Fund 287,587.75 Employee Benefit Fund 6,703.06 Tax Deed Surplus Fund 19,454.86 Legal Aid 3,598.82 Comm Development Block 68.22 Fire Inspection 35.21 Law Library Trust Fund 494.00 Court Tech 28.24(12) (E) 1 80.00

B. Request approval of the minutes of the board meetings dated March 1, 2007 and March 6, 2007. See Clerk of Courts website.

C. Request approval of the release of the Plat Improvement Guaranty – O.R. 747, Page 337 for the Northwood subdivision improvements as described in enclosed guaranty. See SMB 50 Page 48.

D. Request approval to waive County Two-Steps surplus disposal process. Declare indicated items surplus and allow said surplus to be donated to the Friends of the Library of Avon Park, Lake Placid and Sebring Libraries. See SMB 50 Page 49.

E. Request approval of proposed exchange of property between Mr. Jimmy & Della Puente and the Highlands County Board of County Commissioners. This item was pulled from the agenda. See SMB 50 Page 50.

F. Request approval of “Exhibit A” FY 07/08 traffic signal intersections maintained and operated by Highlands County and a Resolution authorizing the chairman to sign per approved FDOT traffic signal maintenance and compensation agreement. See Res. Book 20 Page 14.

G. Request approval of modifying language in official job descriptions. See SMB 50 Page 51. H. Request approval to approve and execute a contract between Highlands County and

Sabre Communications Corporation for construction of grant funded cell phone tower on Avon Park Youth Academy property. See SMB 50 Page 52.

I. Request approval to waive the EMS charges for Bullistic. This item was moved to the action agenda.

J. Request approval of Tourism Sponsorship in the amount of $10,500.00 for the Youth Baseball of Sebring, Inc. See SMB 50 Page 53.

K. Request approval of budget amendment 06-07-127, Resolution and Consultant Services Authorization No. 8680.27 for the Old SR 8(CR 17) widening and resurfacing project. This item was moved to the action agenda.

L. Request approval of Budget amendments 06-07-122 and Consultant Services Amendment No. 4 Tindale-Oliver Impact Fee Agreement. See SMB 50 Page 54.

M. Request approval of Budget amendments 06-07-119; 121; 123. See SMB 50 Page 55. N. Request approval of Resolution & budget amendment 06-07-120; 124; 125. See Res. Book

20 Page 15. 5. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Assistant County Administrator: Request approval of Motorola Agreement Commissioner Maxcy declared a conflict of interest due to Electronic Maintenance being a client. A Memorandum of Voting Conflict was entered into the record. Rick Helms, Assistant County Administrator, presented the request and some modifications to the agreement. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the contract. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. See SMB 50 Page 56.

B. Assistant County Administrator and Animal Control Director: Discussion on Animal Control Issues

Rick Helms, Assistant County Administrator, presented the request. Darryl Scott, Animal Control Director, gave a brief power point presentation history on the services and future of the Animal Control Facilities. Commissioner Stewart questioned if animals are received from the Humane Society? Mr. Scott stated yes. Commissioner Stewart stated that she would like Mr. Scott to explain that the Humane Society is not part of Animal Control. Mr. Scott stated that the Humane Society is a complete separate entity. Mr. Helms commented on the difference between Animal Control and the Humane Society. Mark Griffin, DVM, commented on the neglect of animals and the need for Ordinances that give the Animal Control employees some guidance regarding their authority and the rules they need to enforce them. Mr. Helms commented on the need for additional staff for the Animal Control Facility. Commissioner Stokes commented on the need to educate the public in regards to Animal Control and requested Mr. Durham to speak on the Sheriff’s role. Mike Durham, Legal Counsel for the Sheriff’s Office, commented on the procedures and actions that the Sheriff’s office can enforce. Mr. Scott commented on the need for a livestock agent. Commissioner Stewart questioned how long the livestock agent position as been vacant? Mr. Helms commented that it’s been several months. Commissioner Stokes commented that there is a Committee meeting tomorrow to discuss this issue. Public input was received from Rose Earp who commented on an incident that occurred at her home when a dangerous dog went through her fence and attacked her dogs (letter and photos were entered into the record). Commissioner Maxcy stated that he would like the Dangerous Dog Committee to convene and make some recommendations to the Board on how the Ordinances can be tightened. Commissioner Maxcy commented on the need for additional money to be placed in spaying and neutering. Carl Cool, County Administrator, commented on the need for additional animal traps. Commissioner Stewart commented that she would like Mr. Scott to incorporate some of the ideas which were discussed today and pull items that can be changed before the budget is adopted. Dr. Griffin presented the Board with a letter from him and other veterinarians in the County for their review and they were entered into the record. They requested that one of the Commissioners setup a small committee so the veterinarians can meet with the Commissioner to discuss these issues. Commissioner Maxcy directed staff to move forward and Commissioner Stokes was recommended as liaison to this Committee and all Commissioners agreed. Pubic input was received from Preston Colby, Terri Lynn Crutchfield, Bonnie Johns and Cathy Bergens. See SMB 50 Page 57. Break 10:30 A.M. – 10:45 A.M. 6. CITIZENS NOT ON THE AGENDA (Five minute time limit) Commissioner Maxcy stated that he would like to move Citizens Not On The Agenda up on the agenda and no objections were received. Iva Mae Young and Robert Tracy-Gould requested assistance in re-

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zoning Colony Pointe. Commissioners were unable to assist in this matter and suggested that he meet with the owner to work out an agreement. See SMB 50 Page 58. Cont’d Action Agenda:

C. OMB Director: Discussion of County Spending Cap Carl Cool, County Administrator, presented the request. Bernis Gainer, Budget Director, gave a brief power point presentation on Hillsborough County’s Spending Cap Policy. Commissioner Jackson commented that he would be opposed to budgeting by formula. Commissioner Stokes concurred. Mr. Cool stated that staff & Commissioners need to get a good idea on what they are thinking in Tallahassee when they visit them next week. Commissioner Stokes commented to take a hard look at the milage and requested the Property Appraiser to share his thoughts and outcome of his meeting with Hillsborough County last week. Mr. Cool commented that they will have him here next week to discuss this issue. Commissioner Stewart commented on the importance of all Commissioners attending the workshops in regards to the budget. Commissioner Maxcy commented they will work on potential ad valorem decreases, privatization and cost effective consolidation. See SMB 50 Page 59.

D. Request approval to waive the EMS charges for Bullistic. (Consent Item “I”) Commissioner Stewart presented the request. She commented in order for them to have this event, EMS will have to bring in off-duty personnel and pay them time and a half to cover this event and she doesn’t believe that the fee is waived for any other group. Rick Weigand, EMS Director, commented that the fee is not waived for any other groups at a dedication. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to DISAPPROVE waiving the EMS charges for Bullistic for this year. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. See SMB 50 Page 60.

E. Request approval of budget amendment 06-07-127, Resolution and Consultant Services Authorization No. 8680.27 for the Old SR 8(CR 17) widening and resurfacing project. (Consent Item “K”)

Commissioner Stewart commented on her concern with the agreement with Chastain-Skillman on page “3” on requesting permit exemption to the Southwest Florida Water Management District and stated that Dr. Swaine has not been kept informed of this ERP process. Ramon Gavarrete, County Engineer, addressed her concerns. Carl Cool, County Administrator, commented that he went and met with Dr. Swaine to discuss this road project with her but has not kept her informed of the revisions and he will do a better job on keeping her informed. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve budget amendment 06-07-127 with Resolution and Consultant Services Authorization No. 8680.27 with Chastain-Skillman. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 16. 7. COMMISSIONERS:

Commissioner Stewart commented that Bret Syphers, Liaison with SFWMD, has accepted a position to be the Water Policy Head for Governor Crist. She also requested staff to prepare a letter telling him how much they enjoyed working with him and to wish him the best luck in the future. All Commissioners concurred.

Commissioner Maxcy shared a letter from Gabriel Read in regards to zone density (letter was entered into the record). See SMB 50 Page 61.

8. ADJOURN The meeting adjourned at 2:00 P.M.

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REGULAR MEETING OF THE BOARD, MARCH 27, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ross Macbeth, Board Attorney. The Pledge of Allegiance was led by Raymond McIntyre, Property Appraiser. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of a Weekly Report of Courts Services for the week ended March 23, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 50 Page 62.

B. Upcoming County meetings:

March 28 4:00 PM Natural Resources Advisory Commission (NRAC)

501 S. Commerce Ave., Engineering Training Room, Sebring, Florida

C. Other meetings:

No other meetings.

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits March 27, 2007. General 294,229.56

County Transportation Trust 62,210.89 Local Govt Infra Surtax 36,837.05 Home Initiatives Partner 100,546.27 Affordable Housing Asst 4,546.22 Hurricane Housing Rec Pro 4,052.13 Sebring Parkway Maint 850.00 Law Library Trust Fund 1,129.39 Court Tech 28.24 (12) (E) 1 8,652.00 Building Fund 1,279.07 Solid Waste 19,975.82

Placid Utilities 2,032.99 Highway Park Utility 80.90

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Intergovt Radio Communication 2,244.73 Risk Retention Fund 12,566.13 Employee Benefit Fund 2.56 Tax Deed Surplus Fund 90,734.78

B. Request approval of board meeting minutes for the March 13, 2007 meeting. See Clerk of Court website.

C. Request approval for expenditure from Florida Contraband Forfeiture Fund (3107). See SMB 50 Page 63.

D. Request approval of Chastain Skillman, Inc. CSA No. 3680.33 Detailed Design Plans for the Leachate Treatment Recirculation/LF Gas Collection System for Cell 3B @ Elevation 102 feet. See SMB 50 Page 64.

E. Request approval of Hold Harmless Agreements with Vanguard Associates, Inc. See SMB 50 Page 65.

F. Request approval of budget amendments 06-07-129; 135. See SMB 50 Page 66. G. Request approval of Resolutions and budget amendments 06-07-130; 131; 132; 134; 136;

137; 139. See Res. Book 20 Page 18. H. Request approval to waive the fees for two special exceptions. This item was moved to the

action agenda. I. Request approval of the appointment of Joseph DeCerbo to the Hospital District Board.

See SMB 50 Page 67. J. Request approval of Florida Combined Life Insurance Company, Inc. ASO Dental

Administration Fee Structure. See SMB 50 Page 68. 5. PRESENTATIONS:

A. Property Appraiser Raymond McIntyre: Update on Property Tax discussions in Tallahassee.

Raymond McIntyre, Property Appraiser, gave a brief report on what happened in Tallahassee in regards to tax reform issues and government spending. He also commented that the Property Appraiser Association of Florida was asked by the Florida Department of Revenue to assemble some of the members to go before the House and Senate to answer questions regarding tax reform issues and assessments of property in Florida. He also commented that the President of the Senate advised that he anticipated that this will go to special session and didn’t think that the tax reform would be resolved in the general session. Commissioner Stokes questioned if there was anyone from the League of Cities. Mr. McIntyre commented that he did not see a representative from the League of Cities. Sheriff Susan Benton questioned the Board for direction in terms of budgeting. Commissioner Maxcy stated that they will be better prepared in two weeks depending on the outcome in Tallahassee and also asked staff to schedule a pre-budget discussion in the next couple of weeks. He also thanked Mr. McIntryre for his perseverance for working on the county’s behalf.

B. Julie Fowler, NCT Group: Financial Presentation Julie Fowler, Partner with the NCT Group, presented the request on the presentation of the audit for 2006. Mike Carter, of NCT Group, gave a brief power point on the Highlands County Financial Presentation. Commissioner Stewart requested an explanation on the compensated absences. Mr. Carter stated that this is accrued sick and vacation that is owed to employees. Ms. Fowler gave a brief power point on the insight of the 2006 Revenues and Governmental Funds for the year ended September 30, 2006. She commented that they issued a report on the auditors report on internal controls over financial reporting and they were pleased to report that they noted no instances of non-compliance or material weakness over financial reporting. See SMB 50 Page 69.

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Break 10:05 A.M. – 10:30 A.M. 6. PUBLIC HEARING: Public Hearing to request a Lien for Case CE 06080069, 3565 Green

Acre Way, Sebring, Highlands County, Florida. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the lien pursuant to Highlands County Code of Ordinances Sec 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Clerk of Courts Official Records. 7. PUBLIC HEARING: Public Hearing to request a Lien for Case CE 06040085, 1517 Martin Luther King Blvd., Sebring, Highlands County, Florida. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the lien pursuant to Highlands County Code of Ordinances Sec 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Clerk of Courts Official Records. (This public hearing was moved up to be heard first by Commissioner Maxcy) 4.) HEARING #1901 - L. ALAN KELEHAR & CLORINDA KELEHAR Three (3) lots on the North shore of Lake Adelaide, West of U.S. 27 at the Polk County line, and legally described as follows: Lots 1, 6, and 11, FEDERAL PARK, a Subdivision, according to the plat thereof recorded in Plat Book 2, Page 61, in the Public Records of Highlands County, Florida. Request: A zoning change from M-2 (Mobile Home Parks district) to M-1-S (Mobile Home and Residential Subdivisions district.) Applicant desires to construct single family dwellings. Jim Polatty, Development Services Director, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, IN ACCORDANCE WITH THE P&Z RECOMMENDATION, MOVE TO ADOPT BY RESOLUTION P&Z 1901 AMENDING THE ZONING ATLAS FOR 0.58 ACRE FROM M-2 (MOBILE HOME PARKS DISTRICT) TO M-1-S (MOBILE HOME AND RESIDENTIAL SUBDIVISIONS DISTRICT) REFERENCING THE MANDATORY FINDINGS, AND BECOMING EFFECTIVE AS PROVIDED BY LAW. Public input was received from Rick Engler. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 51 Page 1 & Res. Book 20 Page 19. 8. PUBLIC HEARING: Public Hearing to approve an Ordinance of the Board of County

Commissioners of Highlands County, Florida, providing for changes to Chapter 12 of the Code of Ordinance, Highlands County, Florida pertaining to the Land Development Regulations; providing for amendments to Article 2 – definitions and abbreviations; providing for amendments to Division 1 – concurrency of Article 13 – other administrative procedures; providing for conflict; providing for inclusion in Code; providing for severability; providing for an effective date.

Ramon Gavarrete, County Engineer, presented the request and read the proposed Ordinance caption into the record. Proof of Publication was provided to the Clerk to become part of the permanent record. Bob Wallace, of Tindale-Oliver & Associates, Inc., gave a power point presentation on the Concurrency Management System. Mr. Gavarrete commented on enforcing concurrency and gave an explanation on the developer agreement. Motion by Commissioner Stokes, seconded by Commissioner

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Jackson, to move to set the second public hearing at 9:00 a.m. or soon thereafter as possible, in the Board of County Commissioners Chambers on April 10, 2007, providing for changes to Chapter 12 of the Code of Ordinances, Highlands County, Florida pertaining to the Land Development Regulations; providing for amendments to Article 2 – definitions and abbreviations; providing for amendments to Division 1 – Concurrency of Article 13 – other administrative procedures; providing for conflict; providing for inclusion in code; providing for severability; providing for an effective date. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 51 Page 4. 9. PUBLIC HEARING: Public Hearing to consider a Motion to adopt a Resolution to vacate an

easement being a 7.5’ easement being a portion of Lots 41 and 42, Block 750, Unit 15 R1, a 1989 Replat of Unit 15, as recorded in Plat Book 15, Page 40, Sun ‘n Lakes Estates of Sebring, as per Plat recorded in Plat Book 15, Page 64, of the Public Records of Highlands County, Florida, lying 7.5’ Left and Right of the following described centerline; commence at the Northeasterly corner of Lot 42 (said point being the Northwesterly corner of Lot 41), thence run South 2244’07” East a distance of 10.98 feet for Point of Beginning. Thence continue South 2244’07” East a distance of 79.48 feet to end of description. Side Easement Line to be prolonged or shortened at point of beginning and point of terminus.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to adopt the Resolution to vacate the easement described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 20. 10. PUBLIC HEARING: To consider the adoption of a Resolution to vacate the easement

described as the North ten feet of Lot 6, less the West ten feet, and the South ten feet of Lot 5, less the West ten feet, Block 88, Placid Lakes, Section 19, Plat Book 9, Page 14, Highlands County, Florida. Clifford R. Rhoades, PA for Michael and Elizabeth Burzesi, Petitioners.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to adopt the Resolution to vacate the easement described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 21. 11. PUBLIC HEARING: To consider a motion to adopt a Resolution to vacate the easement

described as the South 10 feet of Lot 5, and the North 10 feet of Lot 4, less the East 10 feet and the West 10 feet, of Lakeshore Mall Subdivision, Phase Two, a Replat of Lot 6 of Lakeshore Mall Subdivision, Plat Book 15, Page 100, according to the Plat thereof as recorded in Plat Book 16, Page 81 of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Resolution to vacate the easement described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 22. 12. PUBLIC HEARING: To consider a motion to adopt a Resolution to vacate that portion of

those unnamed roads shown on the Plat of the Price and Gorham Subdivision lying adjacent to the North and East boundaries of the Southwest ¼ of Government Lot 5, of Section 27, Township 33 South, Range 28 East, as shown on the Plat thereof recorded in Transcript Book Page 25 of the Public Records of Highlands County, Florida, extending from the property lines to the centerline of those roads.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned if the road extended

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all the way to S. Lake Blvd. on the southern piece of the property. Mr. Gavarrete stated yes. Commissioner Stewart questioned if the City was contacted. Mr. Gavarrete stated that the City was contacted. Jim Polatty, Development Services Director, commented that this does not impact FUD. Attorney Bob Swaine, representing the applicant, commented on the letter that he received from Progress Energy stating that they have no objection and letter was made part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt Resolution to vacate that portion of those unnamed roads shown on the plat of the Price and Gorham Subdivision lying adjacent to the North and East boundaries of the Southwest ¼ of Government Lot 5, of Section 27, Township 33 South, Range 28 East, as shown on the plat thereof recorded in Transcript Book Page 25 of the Public Records of Highlands County, Florida, extending from the property lines to the centerline of those roads. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 23. 13. PUBLIC HEARING: Four (4) zoning changes, three (3) small scale plan amendments, and

the first public hearing pertaining to proposed changes to Chapter 12 of the Land Development Regulations, are on the Board of County Commissioners Agenda for March 27, 2007. The old business agenda items were heard by the Planning and Zoning Commission on January 8 and 9, 2007, and the new business items were heard by the Planning and Zoning Commission on March 13, 2007.

1A.) OLD BUSINESS: HEARING #CPA-07-417SS – GREEN AVON PARK, LLC. – C/O ROBERT S. SWAINE OF SWAINE, HARRIS & SHEEHAN, P.A. Approximately 5.8 acres located on the East shore of Lake Anoka South of Hal McRae Blvd. in Avon Park, and abbreviated legal as follows: Located in Sec. 27, Twp. 33S, Twp. 28E, Highlands County, Florida. Request: A small scale plan amendment from (Medium Density Residential) to (High Density Residential.) 1B.) HEARING #1885-GREEN AVON PARK, LLC. – C/O ROBERT S. SWAINE OF SWAINE, HARRIS & SHEEHAN, P.A. Legal description as stated above (Item #11A.) Request: A zoning change from R-1 (Residential district) to R-3 (Multiple Dwelling district.) Applicant desires to construct single-family dwellings and multiple dwelling units.

Jim Polatty, Development Services Director, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, TO MOVE TO TABLE HEARING #CPA-07-417SS AND P&Z 1885 UNTIL APRIL 24, 2007 at 9:00 A.M.,OR SOON THEREAFTER AS POSSIBLE IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS. Upon roll call, all Commissioners voted aye. Motion carried. 2A.) HEARING #CPA-07-419SS – JAMES P. AND SUEZETTE EGAN, AND DANIEL R. AND KAREN KOPPEN – C/O RICK WHIDDEN Approximately 5 acres located at the end of Cooper Road, just South of Town and Country Mobile Estates, and abbreviated legal as follows: Located in Sec. 5, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small-scale plan amendment from (High Density Residential) to (Commercial.) 2B.) HEARING #1887 – JAMES P. AND SUEZETTE EGAN, AND DANIEL R. AND KAREN KOPPEN – C/O RICK WHIDDEN Legal description as stated above (Item #17A.)

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Request: A zoning change from AU (Agricultural) to B-3 (Business district.) Applicant desires to construct mini-warehouses. Jim Polatty, Development Services Director, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Rick Whidden, representing the applicant, presented the request. Commissioner Stewart commented on her concern that this commercial use is not consistent with the residential uses in the immediate area, problem with ingress and egress, and the environmental constraints on this site. Motion by Commissioner Stewart to deny CPA-07-419SS and to deny planning and zoning #1887, referencing the staff recommended mandatory findings of fact which are shown in section “2G”. Commissioner Maxcy commented that the motion died for a lack of a second. Motion by Commissioner Stokes, seconded by Commissioner Jackson, IN ACCORDANCE WITH THE P&Z RECOMMENDATION, MOVE TO ADOPT #CPA-07-419SS BY ORDINANCE AMENDING THE FUTURE LAND USE MAP FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL, AND TO ADOPT BY RESOLUTION P&Z 1887 AMENDING THE ZONING ATLAS FOR 5 ACRES FROM AU (AGRICULTURAL) TO B3 BUSINESS CU (BUSINESS DISTRICT WITH A CONDITIONAL USE) WITH THE USE BEING FOR MINI-WAREHOUSES ONLY AND NO COMMERCIAL OPERATIONS INSIDE OR OUTSIDE THE UNITS, REFERENCING THE MANDATORY FINDINGS AND BECOMING EFFECTIVE AS PROVIDED BY LAW, INCLUDING THE FOLLOWING CONDITIONS AS MODIFIED BY STAFF TO REFLECT PREVIOUS COUNTY COMMISSION DIRECTIVES. Conditions: 1. Central potable water and central wastewater service shall be provided by a public entity. 2. The Applicant shall dedicate additional rights-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 at the time of development. 3. The property shall be considered as a single project for purposes of development review and approval under County Codes. 4. Commercial development shall be limited to mini warehouse development. 5. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See Ordinance Book 12 & Res. Book 20 Page 24. 3A.) NEW BUSINESS: HEARING #CPA-07-411SS – ROBERT CRUSE AND ROSA LEE CRUSE – C/O CLIFFORD R. RHOADES Approximately five (5) acres located on the Northwest corner of Kenilworth Boulevard and Peters Road, and abbreviated legal as follows: located in Sec. 34, Twp. 34S, Rge. 29E, Highlands County, Florida. Request: A small-scale plan amendment from (Agriculture) to (Medium Density Residential.) 3B.) HEARING #1879 – ROBERT CRUSE AND ROSA LEE CRUSE – C/O CLIFFORD R. RHOADES Legal description as stated above (Item #5A.) Request: A zoning change from AU (Agriculture) to R-1 FUD (Residential district with a Flexible Unit Development.) Applicant desires to construct single-family units. Jim Polatty, Development Services Director, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Clifford Rhoades, representing the petitioner, presented his request and gave a brief power point presentation on the amenities, upgrades and development standards for this property which is being designed for work-force housing.

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Commissioner Maxcy suggested possibly making it three units per acre. Mr. Polatty stated that it’s 14.34 acres for both sites. Commissioner Stewart questioned the conditions. Ross Macbeth, Board Attorney, commented that condition number “6” should read, “the property shall be considered as a single project for purposes of development review and approval of County Codes with CPA-07-406SS corresponding P&Z Hearing 1873.” Commissioner Stewart commented that it’s incumbent of Mr. Polatty’s staff to do an analysis of this area and come up with some suggestions and safeguards for the future. Commissioner Maxcy commented that a line has to be drawn on encroachment. Commissioner Jackson commented that this is not an ideal location for workforce housing. Commissioner Stokes commented that the real effect is going to be traffic. Public input was received from Raegan Rothchilde in opposition to this issue. Motion by Commissioner Stewart, seconded by Commissioner Jackson, TO MOVE TO, IN ACCORDANCE WITH THE P&Z RECOMMENDATION, ADOPT BY ORDINANCE CPA-07-411SS AMENDING THE FUTURE LAND USE MAP FOR 4.99 ACRES FROM AGRICULTURE TO MEDIUM DENSITY RESIDENTIAL; AND THAT INCLUDES THE CONDITIONS AS AMENDED DURING THIS MEETING WHICH IS SPECIFICALLY ITEM “6” AS AMENDED, AND TO ADOPT BY RESOLUTION P&Z 1879 AMENDING THE ZONING ATLAS FOR 4.99 ACRES FROM AU (AGRICULTURE) TO R-1 FUD (RESIDENTIAL DISTRICT WITH A FLEXIBLE UNIT DEVELOPMENT), REFERENCING THE MANDATORY FINDINGS AND TRANSMITTING CPA-07-411SS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THEIR COMPLIANCE DETERMINATION, AND BECOMING EFFECTIVE AS PROVIDED BY LAW. Conditions: 1. Central potable water and central wastewater service from a public provider shall be required. 2. Environmental clearance is required 3. Interconnectivity will be required to the proposed single family development to the north. 4. Direct access to this development will be restricted to Peters Road. 5. The applicant shall dedicate additional rights-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 at the time of development. 6. The property shall be considered as a single project for purposes of development review and approval under County Codes with CPA-07-406SS corresponding P&Z Hearing 1873. 7. A traffic study will be required using Highlands County approved methodology. 8. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 9. Water use permits and withdrawal facilities for existing and future permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to the development of the project, without charge, to the local government with will provide potable water service to the project, in accordance with all Water Management District rules and regulations. 10. The development shall meet the County’s recreation LOS through one of the following options: a. Provide public parks on site, b. Make a payment in-lieu of dedication of park land (with the approval of the County Commission), c. Dedicate park land to the County (with the approval of the County Commission). Upon roll call, all Commissioners voted aye, except Commissioner Bates and Commissioner Maxcy who voted nay. Motion carried. See Ordinance Book 12 & Res. Book 20 Page 25. Break 11:30 A.M. – 11:48 A.M.

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4.) HEARING #1901 - L. ALAN KELEHAR & CLORINDA KELEHAR Three (3) lots on the North shore of Lake Adelaide, West of U.S. 27 at the Polk County line, and legally described as follows: Lots 1, 6, and 11, FEDERAL PARK, a Subdivision, according to the plat thereof recorded in Plat Book 2, Page 61, in the Public Records of Highlands County, Florida. Request: A zoning change from M-2 (Mobile Home Parks district) to M-1-S (Mobile Home and Residential Subdivisions district.) Applicant desires to construct single family dwellings. Motion by Commissioner , seconded by Commissioner , IN ACCORDANCE WITH THE P&Z RECOMMENDATION, MOVE TO ADOPT BY RESOLUTION P&Z 1901 AMENDING THE ZONING ATLAS FOR 0.58 ACRE FROM M-2 (MOBILE HOME PARKS DISTRICT) TO M-1-S (MOBILE HOME AND RESIDENTIAL SUBDIVISIONS DISTRICT) REFERENCING THE MANDATORY FINDINGS, AND BECOMING EFFECTIVE AS PROVIDED BY LAW. Upon roll call, all Commissioners voted aye. Motion carried. This hearing was moved to be heard first. 5.) PUBLIC HEARING: First Public Hearing on proposed changes to Chapter 12 of the Land Development Regulations. Jim Polatty, Development Services Director, presented the request. Timothy Bohan gave a brief power point presentation on the Show Pig Project Facilities and proposed zoning changes for hog farms. Linda Conrad, Acting Zoning Supervisor & Clerk, commented that they are proposing the raising of hogs or poultry can be within 50 feet from any residentially zone property, 50 feet from any lot line and 100 feet from each separate owner. Ross Macbeth, Board Attorney, commented that the limitation use is from the code. Raymond McIntyre, Property Appraiser, commented on how these properties be assessed by the Appraiser’s office with these buffer zones in place and the decrease in property value, and he presented the Board with a copy of the 2006 Florida Statutes which was entered into the record. Commissioner Stokes commented that this will be dictating to the property owners what they can do with their property. Ross Macbeth, Board Attorney, commented that he didn’t understand the cross references and why they were stricken. Mr. Polatty commented that he would get with him after the meeting to explain. Public input was received from Jim Wood, Ray Royce, Tom Andrews, from Highlands County Farm Bureau, and Linda Wack who spoke in opposition to this issue. Commissioner Stewart requested that Mr. Andrews from Florida Farm Bureau provide them with something in writing on what organizations he is representing. Mr. Polatty presented Section “5” on the Foundation or Form Board Survey and advised they are proposing changing the setbacks to 18 inches. Public input was received from Doug Wallace. Motion by Commissioner Bates, seconded by Commissioner Stewart, TO MOVE TO HOLD THE SECOND PUBLIC HEARING AT 9:00 A.M. OR SOON THEREAFTER AS POSSIBLE, IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS ON APRIL 10, 2007. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 51 Page 3. 14. ACTION AGENDA: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the agenda as amended.

A. Dr. Paula Thaqi: Request approval of Avon Park Health Department Consultant Service Agreement & budget amendment 06-07-128.

Dr. Paula Thaqi, Highlands County Health Department Director, presented the request. Commissioner Stewart requested clarification on where the funds were coming from. Dr. Thaqi stated that the funds were coming from the Health Department. Motion by Commissioner Stokes, seconded by

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Commissioner Bates, to move to approve budget amendment 06-07-128 and Consultant Service Agreement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 26.

B. County Administrator: Request approval of proposed Action Steps for Board’s adopted 07-08 goals.

Carl Cool, County Administrator, presented the request. Commissioner Maxcy commended the County Administrator and staff for their work on preparation of these action steps. Commissioner Jackson commended Mr. Cool and staff for their hard work and that he’s really looking forward to meeting with him to go over these actions steps. Commissioner Stewart commented that she would echo what Commissioner Maxcy and Commissioner Jackson stated and that she looks forward to meeting with him next week to discuss this issue. Commissioner Maxcy commented that they look forward to meeting in the next couple of weeks to go over these action steps and thanked Tommy Todd, Facilitator, for all his hard work. See SMB 51 Page 2.

C. OMB Director: Request approval of Lease Agreement for Landfill equipment and Sheriff’s communication equipment.

Bernis Gainer, OMB Director, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve the lease agreement for the Landfill equipment and the lease agreement for the Sheriff’s communication equipment, and include the Resolutions of the Governing Body for each of the lease agreements as included in our packet, and also stipulate that these are for signature by the Chairman of the County Commissioners. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 page 17.

D. Assistant County Administrator: Request approval of the Management Responses to the audit findings for FY 2005 - 2006 and that the responses to be included in the Management Letter.

Rick Helms, Assistant County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the Management Responses to the audit finding for FY 2005-2006 and that the responses to be included in the Management Letter. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 51 Page 5. Lunch Break 2:15 P.M. – 2:40 P.M.

E. Development Services Director: Proposed Settlement Agreement for Large Scale Plan Amendments 04-1, 04-2, and 05-1.

Jim Polatty, Development Services Director, presented the request. Bob Wallace, of Tindale-Oliver & Associates, Inc., presented a brief power point presentation on the Comprehensive Plan Settlement Agreement. Mr. Polatty commented that they are going to present this packet to DCA and seek a settlement on these Comprehensive Plan Amendments. Carl Cool, County Administrator, commented on the role of the County to show that these developments are sustainable. Rhon Ernest-Jones, of Rhon Ernest-Jones Consulting Engineer, commented on his involvement and thanked everyone for all their hard work. Richard Oujevolk, facilitator for Barben/Hancock Inc., gave a brief power point presentation on the overview of this proposal and requested that this proposal be simplified. Mr. Polatty commented that he would like to clarify that DCA mandated a traffic study. Clifford Ables, representing Barben/Hancock & Mark Inc., commented that he agrees that a simplified approach needs to be taken. Commissioner Stewart commented that the bottom line is that we are going to rely upon concurrency and at which point does the county say that this is the end of the county’s involvement. Commissioner Maxcy questioned if they can do this. Ross Macbeth, Board Attorney, stated that this can essentially be done. Mike Gallagher, of Peterson & Myers, commented that they are anticipating

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mediating this issue on May 16, 2007 and looks forward to reaching a global settlement. Commissioner Stewart questioned if each case is addressed individually at mediation. Mr. Gallagher commented that he suspects that all global issues will be discussed at one time. Public input was received from John Barben, Joe Davis and Jim Brooks. Commissioner Maxcy thanked everyone for their support on this issue and instructed Mr. Cool, County Administrator, and Mr. Polatty, Development Services Director, that on their trip to Tallahassee to become more knowledgeable on these issues. See SMB 51 Page 6.

F. County Administrator: Request approval of proposed Action Steps for Board’s adopted 07-08 goals. This item was moved up on the action agenda.

1. Request approval to waive the fees for two special exceptions. (Consent Item “H”)

Carl Cool, County Administrator, presented the request. Commissioner Stewart commented that she checked with the Zoning Department and according to the Acting Zoning Supervisor these fees have never been waived and the fees that have been waived have been the County’s advertisement errors, and by waiving this fee they would be setting a precedent. Mr. Cool commented that waiving the fee would help them. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to waive the fee for Rosa Ambriz for BOA Hearing #1585 and NOT waive for Heartland Heritage Foundation, Inc., BOA Hearing #1589. Commissioner Maxcy commented that he disagrees on not waiving the fee and asked if he had to abstain from voting. Ross Macbeth, Board Attorney, advised that he did not have to abstain. Upon roll call, all Commissioners voted aye, except Commissioner Stokes and Commissioner Maxcy, who voted nay. Motion carried. See SMB 51 Page 7. 15. CITIZENS NOT ON THE AGENDA No participants. 16. COMMISSIONERS:

Carl Cool, County Administrator, presented the Board with a copy of the Property Tax Revenue Caps for 2005 – 2006 Base Year Analysis. See SMB 51 Page 8.

17. ADJOURN The meeting adjourned at 4:20 P.M.

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REGULAR MEETING OF THE BOARD, APRIL 3, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Kevin Roberts, Human Services Director. The Pledge of Allegiance was led by Sgt. Maj. (ret.) Joseph A. Dionne. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of a Monthly Report of Business Services for the month of March, 2007 as provided by the Highlands County Clerk of Courts, L. E. “Luke” Brooker. See SMB 51 Page 10.

B. Upcoming County meetings:

April 3 2:00 pm Planning & Zoning Commission 600 S. Commerce Ave., Boardroom, Sebring, Florida

April 3 2:00 pm Highlands Soil and Water Conservation

4509 George Blvd., Conference Room # 3, Sebring, Florida

April 3 7:00 pm Construction Licensing Enforcement and Appeals

600 S. Commerce Ave., Boardroom, Sebring, Florida

April 5 2:00 pm Veterans Advisory Board 7205 S. George Blvd., Large Conference Room, Sebring, Florida

April 9 6:30 pm Highway Park Neighborhood Preservation and Enhancement District Council Meeting

New Life Assembly Church, 114 Cloverland Street, Lake Placid, Florida

C. Other meetings: In observance of Good Friday, County offices will be closed on Friday, April

6, 2007. The Value Adjustment Board will meet Wednesday, April 4, 2007 at 9:00 a.m. in the Boardroom. The Homeowners Association meeting will be held on Monday, April 9, 2007 at 9:00 a.m. at 3240 Grand Prix Drive, Sebring, Florida.

4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 3, 2007. General 568,349.32

County Transportation Trust 11,783.61 Local Govt Infra Surtax 34,036.80

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Home Initiatives Partner 3,527.00 Affordable Housing Asst 78.72 Hurricane Housing Rec Pro 652.80 Sebring Parkway Maint 542.59 Law Library Trust Fund 588.25 Court Tech 28.24 (12) (E) 1 11,134.40 Building Fund 1,061.70 HCISSRB Construction Fund 8,420.00 Solid Waste 142,592.03

Placid Utilities 3,360.09 Intergovt Radio Communication 16,818.13 Risk Retention Fund 4.02 Employee Benefit Fund 12.06 Tourist Dev Trust Fund 2,235.91

B. Request approval of the minutes of the board meetings dated March 20, 2007. See Clerk of Courts website.

C. Request approval of the Pipeline Crossing Agreement between Highlands County and South Central Florida Express, Inc. for the E-Stone Gas Pipeline Project. This item was pulled from the agenda. See SMB 51 Page 11.

D. Request approval to Declare attached County Property as surplus, waive County Two-Steps disposal process, and allow said surplus to be disposed by utilizing our contract with GovDeals an Internet Auction Services company based out of Montgomery, Alabama. See SMB 51 Page 12.

E. Request approval of application for Non-Medical Transport License. See SMB 51 Page 13.

F. Request approval of a Notice of Nuisance to be placed on Case # CE06110230, 160 Zion St., Lake Placid, Florida. See Clerk of Courts Official Records.

G. Request approval of execution of Grant Contract for FY 06-07 for Boys & Girls Club of Highlands County Inc. a Florida Non-Profit Corporation. See SMB 51 Page 13.

H. Request approval of Budget amendments 06-07-140. See SMB 51 Page 14. 5. PRESENTATION:

A. Dianna Bretz, 4-H Program: The Impact of the Highlands County Sheriff Office Relocation on the Highlands County 4-H Horse Program and Facilities.

Dianna Bretz, Leader of Cracker Trail Saddle Club, presented the request. Carl Cool, County Administrator, commented on the need of the 4-H program in this county and that they are in the process of selecting an architect to come in and design the facility, and a site plan needs to be proposed. Commissioner Maxcy commented that 4-H is very important to the Board. Sheriff Susan Benton commented that we have to keep the best and highest use of existing properties in mind and the decision will have to be made by the Board of County Commissioners. Commissioner Stokes commented that he would like the new 4-H Coordinator to be introduced. Dee Dee Jacobson, Interim County Extension Director, introduced April Butler the new 4-H Coordinator and commented that she would like the Board to strongly recommend the other locations instead of the extension office location. Public input was received from Lauren Welborn, Chelsea Bacon, Margaret Hatch, Marlene Welborn and Kathy Sanders. Commissioner Stewart commented that when the preliminary study was done that there were three sites and the Agri-Civic Center site was identified as the most feasible, desirable and top ranked site. Sheriff Susan Benton commented that this particular land use site ranked

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the highest out of all others. Ramon Gavarrete, County Engineer, commented that this project is still at the preliminary stage and they will be working with all the partners in this project. Commissioner Maxcy commented that they will involve the 4-H program in any discussions on that site out by the Agri-Civic Center. See SMB 51 Page 15.

B. Anne Bouhebent, Executive Director: Early Learning Coalition Critical Child Care Needs.

Kevin Roberts, Human Services Director, presented the request. Anne Bouhebent, ELCFH Executive Director, gave a brief power point presentation on child care needs in Highlands County and requested funding in the amount of $30,000.00 in the next fiscal year. Mr. Roberts made a clarification that the three community partners are the Hospital District Board, United Way and Children’s Services Foundation of Highlands County. Public input was received from Ruth Handley and Doris Gentry, ELCFH Board Members, who spoke in support of this issue. Commissioner Maxcy commented that they would keep all this in mind in the next fiscal year and thanked everyone for their comments. See SMB 51 Page 16. 6. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Stewart, to approve the agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Orvest Law, Program Coordinator: Request approval of a Proclamation declaring April 2007 as Child Abuse and Neglect Prevention Month in Highlands County

Orvest Law, Program Coordinator, presented the request. Jeffrey Roth, Director of Children’s Advocacy Center, read the proclamation into the record declaring the month of April 2007, Child Abuse and Neglect Prevention Month in Highlands County. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the proclamation as read. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 51 Page 17. 7. CITIZENS NOT ON THE AGENDA (Five minute time limit) Ray Royce thanked the Board for allowing staff to be able to participate in Highlands County Day. Commissioner Maxcy asked Mr. Cool for a report on the Comprehensive Plan. Carl Cool, County Administrator, commented that he met with the Department of Community Affairs and heard a briefing from the Florida Association of Counties staff on the bills and savings on land taxes. Commissioner Stewart commented on the effort on the commitment of hiring Tindale-Oliver and having them help with the impact fees, and continue to have them work with the county staff on the proportionate share mechanism and the concurrency management. Mr. Cool commented that he would like to have a workshop with the Board on the issue of Rural Land Stewardship. 8. COMMISSIONERS: No report. 9. ADJOURN The meeting adjourned at 10:22 A.M.

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REGULAR MEETING OF THE BOARD, APRIL 10, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Commissioner Stokes. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of a Weekly Report of Court Services for the week ending April 6, 2007 as provided by the Highlands County Clerk of Courts, L. E. “Luke” Brooker. On behalf of the Clerk, he invited the public to attend the National Day of Prayer ceremony on Thursday, May 3, 2007 at 11:00 a.m. on the Courthouse lawn. See SMB 51 Page 18.

B. Upcoming County meetings:

April 10 3:00 pm Growth Management Committee 311 West Interlake Boulevard, Lake Placid, Florida

April 11 9:30 am Central Florida Regional Planning Council

555 East Church St., Bartow, Florida

April 11 7:30 am Board of Directors IDA and EDC 2113 U.S. 27 South, Sebring, Florida April 11 9:00 am Highlands County Housing

Advisory Committee 4509 George Blvd., Conference Room # 2, Sebring, Florida

April 12 2:30 pm Historic Preservation Commission 501 S. Commerce Ave., Sebring, Florida

April 13 11:00 am Local Mitigation Strategy WorkingGroup

505 S. Commerce Ave., Sebring, Florida

April 16 5:15-6:30 pm Free seminar “ Florida Landlord Tenant Laws”

Sebring Civic Center

April 17 3:00 pm Growth Management Committee 311 West Interlake Boulevard, Lake Placid, Florida

April 17 5:15-6:30 pm Free seminar “Florida Living Wills Health Care Surrogates & Durable Powers of Attorney”

Sebring Civic Center

C. Other meetings: Planning and Zoning Commission will meet today at 3:00 p.m. in the

Boardroom.

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4. CONSENT AGENDA: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the consent agenda with the elimination of items “D” and “J”. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 10, 2007. General 214,666.93

County Transportation Trust 22,038.18 Local Govt Infra Surtax 217,703.59 Comm Development Block 5,000.00 Home Initiatives Partner 18,299.00 Affordable Housing Asst 6,522.44 Hurricane Housing Rec Pro 49,467.13 Sebring Parkway Maint 100.00 Tax Deed Surplus Fund 40,622.83 Court Tech 28.24 (12) (E) 1 148.52 Building Fund 120.28 Solid Waste 62,365.48

Placid Utilities 380,606.06 Tourist Dev Trust Fund 7,956.31 Energy Recovery 1,519.01

B. Request approval of the minutes of the board meetings dated March 27 and April 3, 2007. See Clerk of Courts website.

C. Request approval of Satisfaction of Mortgage according to attached list. See Clerk of Courts Official Records.

D. Request approval of License and Waiver of Liability for Preserve. This item was pulled from the agenda. See SMB 51 Page 19.

E. Request approval of a Resolution to enforce trespassing laws on lands acquired for ecological value. See Res. Book 20 Page 27.

F. Request approval of a Resolution to seek critical environmental advice from NRAC for review of Rural Land Stewardship applications for comprehensive plan amendments and to seek professional advice and support for the timely review of these amendments. See Res. Book 20 Page 28.

G. Request approval to accept and record ingress and egress easement from Wal-Mart Real Estate Business Trust for Schumacher Road sidewalk extension. See Clerk of Courts Official Records & SMB 51 Page 20.

H. Request approval to accept and record a warranty deed and partial release of mortgage for Sunbelt Homes, Inc., and warranty deed from Kahn Citrus, Inc. for Scenic Highway & Parkway signalization improvements. See Clerk of Courts Official Records & SMB 51 Page 21.

I. Request approval to accept and record a Special warranty deed and DR-219, original release of lease and original agreement for Sebring Parkway Phase II from Highlands County Hospital District. See Clerk of Courts Official Records & SMB 51 Page 22.

J. Request approval of the Dispatch Consolidation Budget Amendment. This item was pulled from the agenda. See SMB 51 Page 23.

K. Request approval of Budget amendments 06-07-141; 142. See SMB 51 Page 24.

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L. Request approval of Resolution and Budget amendments 06-07-143; 146. See Res. Book 20 Page 29.

Chairman Maxcy revised the Public Hearing and Action agenda by moving action items 7.A. and 7.B. under Public Hearing item 5. 5. PUBLIC HEARING: To approve an Ordinance of the Board of County Commissioners of

Highlands County, Florida, providing for changes to Chapter 12 of the Code of Ordinances, Highlands County, Florida pertaining to the Land Development Regulations; providing for amendments to article 2 – Definitions and Abbreviations; providing for amendments to division 1 – Concurrency of article 13 – other administrative procedures; Providing for conflict; Providing for inclusion in code; Providing for severability; Providing for an effective date.

Ramon Gavarrete, County Engineer, presented the request and read the caption of the Ordinance into the record. Proof of Publication has been provided to the Clerk to become a part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to adopt the Ordinance of the Board of County Commissioners of Highlands County, Florida, providing for changes to Chapter 12 of the Code of Ordinances, Highlands County, Florida pertaining to the Land Development Regulations; the caption was read by Ramon Gavarrete, County Engineer, into the record. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 51 Page 25.

A. County Engineer: Request approval of Resolution providing for amendments of the official Highlands County Technical Standards Manual; Providing for severability; Providing for conflict; Providing for inclusion in the Highlands County Technical Standards Manual; and providing for an effective date.

Bob Wallace, of Tindale-Oliver & Associates, Inc., presented the request. Commissioner Stewart commented that Mr. Gavarrete, Mr. Wallace and their staff did an excellent job putting all this together for the Board. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Resolution providing for amendment of the Official Highlands County Technical Standards Manual; providing for severability; providing for conflict; providing for inclusion in the Highlands County Technical Standards Manual; and providing for an effective date. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 30.

B. County Engineer: Request approval of the County Concurrency Management System Annual Summary Report.

Bob Wallace, of Tindale-Oliver & Associates, Inc., presented the request and provided the Board with a revised Concurrency Management System Annual Summary Report April 2007. Ramon Gavarrete, County Engineer, commented that hardcopies of the Annual Summary Report will also be available at the Engineering office and they are working on having the report downloaded onto a CD. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to adopt the Highlands County Concurrency Management System Annual Summary Report. Upon roll call, all Commissioners voted aye. Motion carried. See Concurrency Management System file. 6. PUBLIC HEARING: The second public hearing pertaining to proposed changes to Chapter

12 of the Land Development Regulations, is on the Board of County Commissioners Agenda for April 10, 2007. The proposed changes to Chapter 12 of the Land Development Regulations were heard by the Planning and Zoning Commission on March 13, 2007.

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1. SECOND PUBLIC HEARING ON PROPOSED CHANGES TO CHAPTER 12 OF THE LAND DEVELOPMENT REGULATIONS.

Jim Polatty, Development Services Director, presented the request and read the caption of the Ordinance into the record. Proof of Publication has been provided to the Clerk to become part of the permanent record. Mr. Polatty presented Section 1, item “C”, number “2A” to the Board. Commissioner Stokes commented that he would like this sentence taken out because a lot of barns are going to be out of compliance. Public input was received from Jim Wood, Cathy Bergens, Ray Royce, Tim Bohan, Linda Wack, Susie Bishop and Samantha Bickman. Linda Conrad, Acting Zoning Supervisor & Clerk, commented on the maximum of animals on commercial or noncommercial property. Commissioner Jackson commented that he needed clarification in the wording under item “2A” because the sentence was not structured correctly. Commissioner Stewart commented that this section is for the children and adults. Commissioner Stewart questioned if there was an age limit for children under 4-H or FFA. Ross Macbeth, Board Attorney, commented that this is not limited to children. Commissioner Stokes suggested deleting the wording “State Fairs”. Commissioner Maxcy commented that a break would be taken so the wording can be modified by the Board Attorney. Break 10:45 A.M. – 10:55 A.M. Cont’d Public Hearing: Public input was received by Tom Andrews, President of Farm Bureau Federation. Mr. Polatty commented that he had letters for and against for the 4-H, FFA amendments. Commissioner Stokes commented that he received letters for the FFA but no letters against. Commissioner Maxcy and Commissioner Stewart commented that they received letters for the FFA amendment. Ross Macbeth, Board Attorney, revised the wording to state as follows: “The raising of hogs, sheep, goats, cattle and horses for 4-H or FFA exhibition or County or State Fairs is allowed. For purposes of this paragraph, the structures for the raising of hogs, sheep, goats, cattle and horses shall not be located within 100 feet of any dwelling under separate ownership or within 50 feet of residentially zoned property or within 50 feet of any lot line (also see Section 12.05.200.G.6).” Commissioner Stewart questioned why the wording of 50 feet of residentially zoned property or within 50 feet of any lot line needed to be left in. Attorney Macbeth commented that he would like to rewrite this to say: “100 feet of any dwelling under separate ownership or within 50 feet of any lot line.” Commissioner Stewart commented why the poultry was being taken out, if it’s listed under number “1” under uses. Attorney Macbeth commented that poultry will have to be added back in and should read: “horses and poultry”. Mr. Polatty commented that there is another issue on commercial and noncommercial. Attorney Macbeth commented that the list should read: “The raising of hogs, sheep, goats, cattle, horses and poultry by 4-H or FFA members for exhibition at 4-H exhibitions, FFA exhibitions, County Fairs or State Fairs is allowed and shall not be required to comply with the setbacks otherwise required by this section for raising those animals. For purposes of this paragraph, the structures for the raising of hogs, sheep, goats, cattle, horses and poultry shall not be located within 100 feet of any dwelling under separate ownership or within 50 feet of any lot line (also see Section 12.05.200.G.6).” Commissioner Stokes questioned if rabbits were permitted? Attorney Macbeth stated yes. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to adopt Section 2A as read by the County Attorney. Public input on the motion was received by Cathy Bergens, Samantha Bickman, Tim Bohan and Jim Wood. Upon roll call, all Commissioners voted aye. Motion carried. Jim Polatty, Development Services Director, presented Section 1, item “C”, number “1”. which is limitations on uses. Ross Macbeth, Board Attorney, commented that he would recommend this should read as follows since there were concerns on the setbacks and stated to add this at the end of C1 as it is

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right now: “For purposes of this paragraph, structures which are located and begin use in conformity with this section and with this Chapter subsequent rezoning of nearby land to residential zoning or construction of a dwelling under separate ownership shall not put such structure in violation of this Chapter.” Commissioner Stewart commented that this is a good example that the Commissioners need to take a good look at all the comprehensive plan changes. Public input was received from Jim Wood and Tom Bohan. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt the lanuage as read by the County Attorney for the addition to section C1. Public input on the motion was received by Jim Wood, Cathy Bergens and Tim Bohan. Upon roll call, all Commissioners voted aye, except Commissioner Stokes and Commissioner Maxcy, who voted nay. Motion carried. Jim Polatty, Development Services Director, presented Section 5 to the Board. Ross Macbeth, Board Attorney, commented that he rewrote the language for the Board to approve under Section 5, Section 12.16.310 to read: Form Board survey required: A form board survey shall be required when buildings exceed the minimum required zoning setbacks by less than 18 inches for a period of three years after the granting of the variance. Any contractor or owner-builder who has received a variance on a zoning setback from the BOA after a foundation is poured for a previously permitted building or structure shall submit a form board survey on subsequently permitted buildings and structures prior to completion of the building foundation inspection. The form board survey shall be performed by a registered land surveyor and shall show all zoning setbacks, all easements, and the location of the building form boards relative to the property lines. The County Building Official and the Development Services Director shall maintain a record of anyone who must comply with this requirement. Exempt from this provision are: 1. All sheds or other buildings on skid and above ground pools that are accessory structures and fences but not pool cages; 2. All structures and mobile home parks that are owned by one person, other than permanent structures located within 18 inches of the adjacent perimeter setback of the mobile home park. 3. All structures in mobile home parks in the M-2 zoning district; other than permanent structures located within 18 inches of the adjacent perimeter setback of the mobile home park. 4. All structures in CG-1, CG-2, CG-3, and RV-FUD campgrounds other than permanent structures located within 18 inches of the adjacent perimeter setback of the campground. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to adopt Section 12.16.310 as read into the record by the County Attorney. Public input on the motion was received by Ray Royce. Upon roll call, all Commissioners voted aye. Motion carried. Ross Macbeth, Board Attorney, commented that another motion is required to adopt the Ordinance as a whole including all the changes previously heard. Commissioner Stewart commented that she would like to adopt the Ordinance with those changes but only the ones that were delineated today. Attorney Macbeth commented that this needs to be more specific. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to adopt this Ordinance with the following provisions under Section 1, C1 and C2A and under Section 2 F (all the changes that are in the proposed Ordinance), Section 4, Section 12.16.310 (the changes as read into the record by the County Attorney) and as previously adopted in a separate motion. Attorney Macbeth commented that this is on all the changes as voted by the Board today and the Section otherwise as shown to be corrected or amended other than C2 in Section 1. Public input on the motion was received by Jim Wood. Commissioner Bates questioned why Commissioner Stewart wanted to leave Section 1, C2 out. Commissioner Stewart commented that this item was not discussed when all the public was present. Commissioner Maxcy commented that the public had all the opportunity to discuss this section. Commissioner Stokes commented that he didn’t have a problem with having this Section come back to Board for further discussion. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to amend the motion to include

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paragraph 2 in Section 1, C with the proposed changes from planning and zoning. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. Commissioner Maxcy commented since the amendment passed that roll needed to be called on the general motion. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See Ordinance Book 12 & SMB 52 Page 1. 7. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Engineer: Request approval of resolution providing for amendments of the official Highlands County Technical Standards Manual; Providing for severability; Providing for conflict; Providing for inclusion in the Highlands County Technical Standards Manual; and providing for an effective date. This item was heard previously under Public Hearing #5.

B. County Engineer: Request approval of the County Concurrency Management System

Annual Summary Report. This item was heard previously under Public Hearing #5. C. Louise England, EDC/IDA: Request Approval of the Brownfield Bonus Resolution for

Project 07-0000. Louise England, Executive Director, presented the request and read the caption of the Resolution into the record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 31.

D. County Administrator: Request approval to complete work at the new Lake Placid PE Facility.

Carl Cool, County Administrator, presented the request. Commissioner Maxcy questioned if this would interfere with any other projects. Bruce Van Jaarsveld, Road and Bridge Superintendent, commented that they would have to start this project right now so the Parkway project is not interrupted. Commissioner Stewart questioned if there was going to be an overlap. Mr. Van Jaarsveld commented that this would overlap with the Parkway. Commissioner Stewart questioned on how this is going to delay the Parkway. Mr. Cool commented that the delay would be minimal with some overlap but it shouldn’t delay the completion of the Parkway. Commissioner Stewart questioned if this is going to cause a delay on the maintenance of the roads? Mr. Van Jaarsveld commented no. Commissioner Stewart questioned how long this project is going to take. Mr. Van Jaarsveld commented that he anticipates about two months. Commissioner Stewart questioned if there are charges for all the materials? Brian Miller, Road Inspector, commented that the estimate did not include the cost of the shell or marl. Commissioner Stewart commented that she would like something in writing on how much something is going to cost even if they are not paying for it. Mr. Miller commented that he can obtain that cost for the Board to review. Commissioner Jackson commented that he would like to know the amount of the savings. Jim Bible, Deputy Superintendent of Schools, commented that the savings is around $100,000.00. Commissioner Stewart commented that she would like reimbursement on the cost of the shell. Mr. Van Jaarsveld commented that this was fine. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve the Lake Placid complex work and reimbursement from the School Board. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 2.

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8. CITIZENS NOT ON THE AGENDA No participants 9. COMMISSIONERS

Commissioner Stokes commented on the draw down of the lake. Commissioner Stewart commented that the Executive Director should be contacted and request that they come and give a brief presentation on what is occurring. Commissioner Maxcy commented that this was a great idea.

10. ADJOURN The meeting adjourned at 1:00 P.M.

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REGULAR MEETING OF THE BOARD, APRIL 17, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Bates. The Pledge of Allegiance was led by Antonia Rivera from the Clerk’s office. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, on behalf of the Clerk, reminded the public of the National Day of Prayer ceremony that will be held on Thursday, May 3, 2007 at 11:00 a.m. on the Courthouse lawn.

B. Upcoming County meetings: April 17 3:00 pm Growth Management Committee 311 West Interlake Boulevard, Lake

Placid, Florida April 19 10:00 am Lake Istokpoga Management Committee 4509 George Blvd., Room 3, Sebring,

Florida

C. Other meetings: Commissioner Stokes stated that he wanted to commend Charlotte Mann, Human Resources Department, for her hard work and stated that this is the third year they are on the top ten fund raiser’s list with United Way. Ms. Mann presented the Board with an award from United Way, honoring them for their Top Dollar Account. Chairman Maxcy accepted the award on behalf of the Board. Carl Cool, County Administrator, stated that he wanted to thank all seven organizations with Adopt-A-Road program on their help on keeping Highlands County Beautiful. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 17, 2007. General 1,118,795.22

County Transportation Trust 74,839.30 Intergovt Radio Communication 10,716.39 Legal Aid 3,598.82 Local Govt Infra Surtax 122,570.03 Tourist Development Trust Fund 3,348.37 Comm Development Block 7,896.92 Affordable Housing Asst 39,851.86

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Home Initiatives Partner 52,405.16 Hurricane Housing Rec Pro 39,716.63 Special Law Enforcement 6,390.00 Fire Inspection 35.21 Building Fund 1,427.18 Solid Waste 25,631.20

Placid Utilities 2,284.61 Highway Park Utility 581.64 Tax Deed Surplus Fund 51,706.33

B. Request approval of an Adopt-A-Road Agreement with Heartland Spring Water, Inc. See SMB 52 Page 3.

C. Request approval of an Adopt-A-Road Agreement with Sebring Elks Lodge #1529. See SMB 52 Page 4.

D. Request approval of an Adopt-A-Road Agreement with Phi Theta Kappa at South Florida Community College. See SMB 52 Page 5.

E. Request approval of an Adopt-A-Road Agreement with Heartland Board of Realtors. See SMB 52 Page 6.

F. Request approval of an Adopt-A-Road Agreement with Francis 2 Mobile Home Park. See SMB 52 Page 7.

G. Request approval of an Adopt-A-Road Agreement with the Audubon Society of Highlands County. See SMB 52 Page 9.

H. Request approval of an Adopt-A-Road Agreement with Archbold Biological Station. See SMB 52 Page 8.

I. Request approval of Budget amendment 06-07-153. See SMB 52 Page 10. J. Request approval of Resolution & budget amendments 06-07-144; 147; 148. See Res.

Book 20 Page 32. 5. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the agenda as presented. Upon roll call, all Commissioners voted aye. Motion carried.

A. Warwick “Bud” Furr, President, Highlands County Bar Association: Request approval of a Proclamation in recognition of “Law Day” on April 30, 2007.

Bud Furr, President of the Highlands County Bar Association, presented the request. Commissioner Maxcy read the Proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 11.

B. Sheriff Susan Benton: Presentation of Sheriff’s April 2007 Quarterly Report. Sheriff Susan Benton presented a Quarterly Report of the Highlands County Sheriff’s Office, giving some quarterly information collected from the law enforcement bureau and the detention bureau. Major David Paeplow, of the Sheriff’s office, presented the quarterly statistics on Administration & Court Services, Law Enforcement and Detention Services. Commissioner Stewart commented that she would like to discuss the increase of the population and capacity of the jail. Major Paeplow commented that the population today is 458 and the maximum capacity to house inmates is 512. Commissioner Maxcy commended the Sheriff for all their hard work. See SMB 52 Page 12.

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C. Missie Barletto, South Florida Water Management District: Request approval of a Proclamation in recognizing April as “Water Conservation Month”.

Missie Barletto, of the South Florida Water Management District, presented the request. Carl Cool, County Administrator, commented on extending the invitation to South Florida Water Management District to have a district meeting here in Highlands County. Commissioner Stokes commented that the Commission is concerned about the lack of communication from the South Florida Water Management District. Ms. Barletto apologized and stated she will try and keep Highlands County more informed. Commissioner Maxcy commented that he would like to be more educated on the water supply and shortages by the South Florida Water Management District and have the public educated. Public input was received by Gabriel Read and Steve Roberts. Commissioner Bates read the Proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to adopt the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 13.

D. Pete Zeegers, Chairman, Children’s Services Council: Request to appoint Kevin Roberts as “Director Emeritus” and lifetime Director of the Children’s Services Council.

Andrew Hughs, Vice Chairman of the Children’s Services Council, presented the request. Commissioner Stewart stated that she would like to identify any other life-time members on the Council. Mr. Hughs commented that there are several non-voting members. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the request to appoint Kevin Roberts as Director Emeritus and also lifetime Director of the Children’s Services Council. Public input was received by Ruth Handley who requested him to be appointed as an Honorary Member rather than lifetime Director. Commissioner Stewart stated that she would agree to change her motion to Honorary Member. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 14.

E. Chairman Guy Maxcy: Request approval of a Proclamation in recognition of Kevin Roberts’ retirement.

Commissioner Maxcy presented the request. Commissioner Maxcy congratulated Mr. Roberts on his retirement. Kevin Roberts, Human Services Director, thanked the County Commission and Carl Cool, County Administrator, for all their support throughout all his years with the County. Commissioner Maxcy read the Proclamation into the record. Mr. Cool and Mary Foy, Assistant Human Services Director, commended Mr. Roberts for all his years of service and wished him the best in his retirement. Pubic input was received by Gabriel Read. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 15. **10:10 a.m. – 10:40 a.m. Break – Kevin Roberts’ retirement reception**

F. County Engineer: 1. Request approval of the 2006/2007 Railroad Crossing Signal Safety Program Agreement

for Grade Crossing Traffic Control Devices, Desc. Citrus Avenue (Ranier Drive), Highlands County, Florida, and a Resolution authorizing Board Chairman to execute said Agreement.

Ramon Gavarrete, County Engineer, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the Resolution 2006/2007 Railroad Crossing Signal Safety Program Agreement for the Grade Crossing Traffic Control Devices on Ranier Drive (former known as Citrus Avenue). Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 33.

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2. Request approval and signature for the Second Amendment to OTTED Agreement of 04-015 between the Office of Tourism, Trade, and Economic Development (OTTED) and Highlands County on behalf of Georgia-Pacific Corporation.

Ramon Gavarrete, County Engineer, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the Second Amendment to OTTED Agreement of 04-015 between the Office of Tourism, Trade, and Economic Development and Highlands County on behalf of Georgia Pacific Corporation. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 16. 6. County Administrator:

1. Request approval of the proposed Action Steps Carl Cool, County Administrator, presented the request and advised the board on his revisions. Commissioner Jackson commended Mr. Cool, staff and the administration for their hard work and effort on this issue. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to adopt the proposed action steps. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 17.

2. Request approval of a Resolution in reference to Wetland Protection legislation Carl Cool, County Administrator, presented the request. Commissioner Stokes read the caption of the Resolution into the record. Public input was received by Clell Ford. Mr. Cool commented that he would like to make a change in the Resolution to reflect House Bill 957, not House bill 57. Public input was received by Gabriel Read. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the Resolution which supports legislation for Wetland Protection and also urges the legislature to defeat legislation that would preempt local regulation of wetlands beyond what the state regulates. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 34. Commissioner Stokes commented that he would like to get with Carl Cool, County Administrator, to get a letter sent to the Coalition and Legislators. Mr. Cool commented that he contacted the Assistant Secretary of the Department of Community Affairs to come down and talk to the Board in a workshop on Tuesday, May 22, 2007, regarding Rural Land Stewardship. Commissioner Stewart commented that she would like the NRAC and P&Z members, and the public notified of this meeting. Commissioner Stokes commented that he is attending the NRAC meeting next week and he will let them know. 7. CITIZENS NOT ON THE AGENDA (Five minute time limit) Steve Roberts invited the Commission to attend a meeting that they are having on Thursday at 6:00 p.m. at Homer’s to go over the Ball Field Complex, Pearce Lockett Estate, Certification of the County Administrator and the Habitat for Humanity. Ray Royce commented the Lake Placid Growth Committee has been scheduled to meet April 18, 2007 at 3:00 p.m. at the Lake Placid Town Hall. He also commented that the Lake Placid Growth Committee final report should be completed next week and they will present it to the Board in May. 8. COMMISSIONERS:

Commissioner Stewart commented on the workshop meeting she had attended last week with the Central Florida Regional Planning Council. She also advised that the Board needs to mark their calendars on the Catalyst meeting which is scheduled for the end of the month.

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9. ADJOURN The meeting adjourned at 11:03 A.M.

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REGULAR MEETING OF THE BOARD, APRIL 24, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Rick Helms, Assistant County Administrator. The Pledge of Allegiance was led by Commissioner Stewart. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, on behalf of the Clerk, reminded the public of the National Day of Prayer which is scheduled for Thursday, May 3, 2007 at 11:00 a.m. on the Courthouse lawn.

B. Upcoming County meetings:

April 24 3:00 pm Growth Management Committee 311 West Interlake Boulevard, Lake Placid, Florida

April 25 8:00 am Local Mitigation Strategy Working Group 600 S. Commerce Ave., Room 251, Sebring, Florida

April 25 11:30 am Heartland Rural Health Network 9501 C.R. 17A West, Avon Park, Florida

April 25 2:00 pm Insurance Committee 600 S. Commerce Ave. Boardroom, Sebring, Florida

April 25 4:00 pm Natural Resources Advisory Commission (NRAC) 501 S. Commerce Ave., Engineering Training Room, Sebring, Florida

April 26 9:30 am Community Health Improvement Planning Committee

7205 S. George Blvd., Large Conference Room, Sebring, Florida

April 26 2:30 pm Recreation and Parks Advisory Committee 501 S. Commerce Ave., Engineering Training Room, Sebring, Florida

April 30 8:30 am H.C.L.A. Tourist Tax Projects Committee 4344 George Blvd., Sebring, Florida

C. Other meetings: FHREDI has scheduled a meeting to discuss the Catalyst Project on April 27, 2007 at 8:30 a.m. – 3:00 p.m. at the Sebring Civic Center. Gary Pinnell, from Highlands Today, presented, Jim Konkoly, the new reporter for Highlands Today, who will be his replacement. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits April 24, 2007. General 805,741.53

County Transportation Trust 22,956.00 Law Enforcement Educ 6,322.50

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Law Library Trust Fund 2,169.63 HCISSRB Construction Fund 5,675.00 Local Govt Infra Surtax 24,172.92 Tourist Development Trust Fund 12,932.43 Comm Development Block 2,000.00 Affordable Housing Asst 1,215.74 Home Initiatives Partner 21,265.65 Hurricane Housing Rec Pro 48,709.39 Building Fund 9,661.64 Solid Waste 44,857.53

Placid Utilities 7,892.63 Highway Park Utility 1,248.59

B. Request approval of board meeting minutes for the April 10 and 17, 2007 meeting. See Clerk of Courts website.

C. Request approval for Equal Employment Opportunity plan for 2007-2009. See Contract file & SMB 52 Page 21.

D. Request approval to record the warranty deed and partial release of mortgage for Lake Placid Professional Park commercial development. See Contract file & SMB 52 Page 22.

E. Request approval of a 5% pay raise for Animal Control Officer upon completion of their FACA certification. See SMB 52 Page 23.

F. Request approval of a Plat recordation for the Bluffs of Lake Huntley. See SMB 52 Page 24.

G. Request approval of a Notice of Nuisance on Case # CE06110043, 172 E.A. Smith St. Lake Placid, Florida. See Clerk of Courts Official Records & Contract file.

H. Request approval of License and waiver of liability for The Preserve of Sun n’ Lakes. See Contract file and SMB 52 Page 25.

I. Request approval of the appointment of Jack Richie to a four-year term to the Tourism Development Council Board. See SMB 52 Page 26.

J. Request approval to renew the lease agreement with Norbert Waltz for the office space located at 1121 US Hwy 27 South, Sebring, Fl 33870 currently the Tourism Development Department. See Contract file & SMB 52 Page 27.

K. Request approval of a budget amendment # 06-07-156 for the Tourism Development Department. See Contract file & SMB 52 Page 28.

L. Request approval of Development Services Application Revision. See SMB 52 Page 29. M. Request approval of Resolution and Budget amendment 06-07-155. See Res. Book 20 Page

35, SMB 52 Page 29 & Contract file. N. Request approval of Resolution and Budget amendments 06-07-161; 163. See Res. Book

20 Page 36, SMB 52 Page 30 & Contract file. O. Request approval of Budget amendments 06-07-150; 152. See SMB 52 Page 31 &

Contract file. 5. PUBLIC HEARING: Public Hearing to request a Lien for Case CE 06080136, 465 Grand

Prix Dr., Venus, Florida. Tommy Turnbull, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the Collection of County Expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Clerk of Courts Official Records & Contract file.

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6. PUBLIC HEARING: Public Hearing to consider a resolution to vacate a plat being a portion

of Highlands Towers addition, as recorded in plat book 12, page 51 of the Public Records of Highlands County, Florida.

Elius Nortelus, Assistant County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stewart commented that she wanted to make sure that the project is moving along and all requirements have been met. Carl Cool, County Administrator, commented that he would suggest that the motion be revised to state to approve to vacate the plat less and except the drainage easement on eastern edge of the plat which would provide an easement along the county road. Rick Whidden, representing the applicant, asked if the legal needed to be revised. Mr. Cool commented that the legal could be left alone but would need to add, “less and except the drainage easement on the eastern edge of Lots 1 – 9 of Block 1”. Mr. Whidden stated that this was acceptable. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to adopt the Resolution to vacate a portion of Highlands Towers Addition, as recorded in Plat Book 12, Page 51 of the public records of Highlands County, less the eastern drainage easement from Lot 1 – 9 of Block 1. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 37 & SMB 52 Page 32. 7. PUBLIC HEARING: Consideration of a motion to deny adoption of a resolution to Vacate an

Easement being a portion of Lots 28 & 29, Skyview Subdivision, Section 1, as per plat recorded in Plat Book 9, Page 20, of the Public Records of Highlands County, Florida, more particularly described as follows: from the Northeast corner of Section 16, Township 35 South, Range 29 East, run North 89o44’30” West along the North boundary of said Section 16-35-29 for a distance of 662.32 feet to a point on the Westerly right-of-way line of US 27, (State Road Number 25) and a point on the East boundary of Skyview Subdivision; run thence South 05o00’30” East along said West right-of-way line and East boundary line of Skyview Subdivision for a distance of 2095.03 feet for the Point of Beginning; from said Point of Beginning run thence South 84o59’30” West for a distance for 35.00 feet; run thence North 05o00’30” for a distance of 195.00 feet; run thence North 84o59’ 30” East for a distance of 35.00 feet to the Northwest corner of said Lot 28 being the Westerly right-of-way of US 27, (State Road Number 25); run thence South 05o00’30” East along the Westerly right-of-way line of US 27 (State Road Number 25) for a distance of 195.00 feet to the Point of Beginning.

Elius Nortelus, Assistant County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Judd Berkey, the petitioner, commented that they are asking the Board to consider vacating an easement originally to be used as a frontage road. Marvin Wolfe, of Polston Engineering, commented that they are requesting that this portion to be vacated and he presented the plat map to the Board and stated that the lots in question are a portion of Lots 28 and 29. Carl Cool, County Administrator, commented the engineering staff is recommending to deny the request to keep the vacant lot north of this site to access U.S. 27 by way of George Boulevard through a portion of this easement rather than vacating it. Commissioner Maxcy questioned the width of the easement. Mr. Nortelus commented that it’s 35 feet. Commissioner Maxcy questioned if that was enough for a frontage road. Mr. Cool commented yes. Commissioner Stewart commented that it’s been the policy of the Board to encourage interconnectivity of different lots and she commented that the owner purchased this property with the full knowledge that the easement was present and they are asking the county to give this up. Motion by Commissioner Stewart, to move to deny approval of the Resolution to vacate the easement as described in the Resolution. Motion died for the lack of a second. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to

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approve the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. Commissioner Stewart commented that the Board needs to be careful on giving permits on transitional yards in areas not allowed. See Res. Book 20 Page 38 & SMB 52 Page 33. 8. PRESENTATION: Corine Burgess, Natural Resources Specialist: Highlands County Board

of County Commissioners protecting the environment. Corine Burgess, Public Information Officer/Natural Resources Specialist, gave a brief power presentation on National County Government Week and protecting the environment. Public input was received by Gabriel Read and John Drennan. 9. ACTION: Commissioner Maxcy: Request approval of a Proclamation for “National County

Government Week”. Commissioner Maxcy presented the request and read the Proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 39. 10:20 A.M. – 10:50 A.M. Break, Celebration of “National County Government Week” 10. PUBLIC HEARING: Public Hearing to consider an ordinance providing additional penalties

for violations of section 4.5-21 and section 4.5-22 of the Code of Ordinances, Highlands County, Florida prohibiting dogs roaming at large and providing for conflict; and providing for an effective date.

Ross Macbeth, Board Attorney, presented the request and read the caption of the Ordinance into the record. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Maxcy asked if animal control has any arrest powers. Atty. Macbeth commented that animal control will never have arrest powers and this is determined by law enforcement. Commissioner Jackson commented that he would like Atty. Macbeth to elaborate on roaming. Atty. Macbeth commented that this is where the dog is required to be leashed when it’s on public property including public rights-of-way or on property which is not yours and the dog is present without the permission of the owner or under control of the owner or with someone with permission and this doesn’t apply to your dog on your property with your permission. Commissioner Stewart asked if the fine “not to exceed $500.00” applies to the civil citation amount. Atty. Macbeth commented that the civil citation amount is separate and is under different provisions of the code. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt an Ordinance of the Board of County Commissioners, providing additional penalties for violations of Section 4.5-21 and Section 4.5-22 of the Code of Ordinances, Highlands County, Florida, prohibiting dogs roaming at large and requiring leashes; providing for severability; providing for conflict; and providing for an effective date. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 52 Page 34. 11. PUBLIC HEARING: Public Hearing to request approval of a resolution of the Highlands

County Board of County Commissioners authorizing the exchange of property with Jimmy and Della M. Puente; Execution of the Deeds associated with the exchange of property; and the agreement between Jimmy and Della M. Puente and the Board of County Commissioners of Highlands County, Florida.

Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Carl Cool, County Administrator, commented that he would like the Board Attorney to explain the exchange of property. Ross Macbeth,

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Board Attorney, commented that the exchange provision is in Section 125.37 Florida Statutes which shows the requirements. He also commented that the county is authorized by Florida Statutes to make the exchange and a Resolution needs to be adopted to approve the exchange of properties. Ms. Avirett gave a brief power point presentation on the properties in question. Carl Cool, County Administrator, commented on the properties which are owned by the county and requested the Board to approve the exchange of properties. Commissioner Stewart commented that she wanted to discuss the Toni Drive issue in the future and would like to have it in a workshop. Commissioner Maxcy instructed staff to setup a workshop the second Tuesday in May. Penny Phillippi, Housing Director, commented on the role that they had on their assisting the Puente’s with help on moving their home to the new site. Public input was received by Rick Engler, Jack Richie, Gabriel Read and John Drennan. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the Resolution authorizing the exchange of properties with Jimmy and Della M. Puente; execution of the deeds associated with the exchange of the properties; and the agreement between Jimmy Puente and Della Mae Puente and the Board of County Commissioners of Highlands County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 40, SMB 52 Page 35 & Contract file. 12. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to approve the agenda as amended to add item #14 “Citizens Not On The Agenda”. Upon roll call, all Commissioners voted aye. Motion carried.

A. Development Services Director: Request approval to initiate Scoping Meetings for the Evaluation and Appraisal Report.

Jim Polatty, Development Services Director, presented the request. Commissioner Stewart commented that DCA questioned if there was a relationship with the land use and transportation plan and if this needs to be added. Carl Cool, County Administrator, commented on considering new ideas from a new consultant on the strategic growth plan. Commissioner Stewart commented that they don’t have a scoping meeting at the Agri-Civic Center this evening. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve for Mr. Polatty, Development Services Director, to go forward and setting up three initial scoping meetings for the Evaluation and Appraisal Report. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 36.

B. County Administrator: 1. Request approval of Resolution and Budget amendment 06-07-162 decreasing fund 151

reserve for contingency. Carl Cool, County Administrator, presented the request. Commissioner Stewart asked if this is only for correcting rollovers. Mr. Cool commented that they are removing $8279.00 from the 151 Contingency Fund. Tim Mechling, Budget Manager, commented that the revenue exceeded the expenditures. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve budget amendment 06-07-162. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 41, SMB 52 Page 37 and Contract file.

2. Request approval of Budget amendment 06-07-157 decreasing fund 005 reserve for contingency.

Carl Cool, County Administrator, presented the request. Commissioner Stewart asked if there was $4,500.00 in the budget which could be reallocated to this project. Mr. Cool commented that they do but not in the right account and this was something that came up as a need and wanted to request to move $4,500.00 into contractual services. Commissioner Stewart commented that she had a problem

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with taking it out of the contingency reserve due to possibly facing severe cut backs in the future and being unaware of what the legislature is going to do. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to DENY budget amendment for customization of Sungard Pentamation Finance PLUS software and recommended that staff come back with another funding source. Upon roll call, all Commissioners voted aye, except Commissioner Bates and Commissioner Stokes, who voted nay. Motion carried. See SMB 52 Page 38.

3. Request approval for placement of stabilizing material at Veteran’s Beach Park Carl Cool, County Administrator, presented the request. Commissioner Jackson asked if sand removal is going to be covered by the grant. Mr. Cool commented that the grant only covers the cost of the stump removal, not sand removal. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to authorize the Road & Bridge Department to place stabilizing material along the edge of Veterans Beach Park; remove tree limbs that may interfere with trucks or trailers, and place turbidity screen to assist with the removal of the melaleuca stumps from Lake Jackson. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 39. 13. COMMISSIONERS:

Commissioner Stokes commented on the letter he received from Representative Denise Grimsley in regards to the Resolution which was approved. He commented that he wanted to send her a letter. Commissioner Stewart commented that it would be important to send a copy of this to the Florida Association of Counties.

14. CITIZENS NOT ON THE AGENDA: John Drennan requested an additional $25,000.00 homestead exemption for seniors and low income earners. He commented on the letter he received from the Chairman on this matter. 15. ADJOURN: The meeting adjourned at 12:32 P.M.

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REGULAR MEETING OF THE BOARD, MAY 1, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

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 Stokes. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, for L.E. “Luke” Brooker, on behalf of the Clerk reminded the public of the National Day of Prayer ceremony which will be held on Thursday, May 3, 2007 at 11:00 a.m. on the Courthouse lawn. Commissioner Maxcy commented on the National Day of Prayer, Adopt-a-Leader luncheon which is scheduled for May 3, 2007 at 12:00 p.m. following the National Day of Prayer at the First Baptist Church in Sebring in the fellowship hall. Heartland Christian School is currently selling tickets and they can be contacted at #385-3850. The following people are also selling tickets: Kathy Whitlock, Jerome Kaszubowski and Anthony Qualls.

B. Upcoming County meetings: May 1 8:00 am Growth Management Committee Town of Lake Placid, Municipal Bldg., 311 W. Interlake

Blvd., Lake Placid, Florida May 1 2:00 pm Highlands Soil and Water Conservation Ag-Center, 4509 W.George Blvd., #3, Sebring, Florida May 2 1:30 pm Transportation Disadvantaged Local

Coordinating Board #3, Ag-Center, 4509 W. George Blvd., Sebring, Florida

May 3 8:30 am HC Tourist Development Council #3, Ag-Center, 4509 W. George Blvd., Sebring, Florida May 3 11:00 am National Day of Prayer service Front Courthouse Lawn May 3 1:15 p.m. HC Hospital District Board HC Courthouse, Room 203, Sebring, Florida

C. Other meetings: Carl Cool, County Administrator, presented the public with the Board of

County Commissioners website and gave a brief presentation on how to access the agenda which now has the entire agenda package and all the backup information attached for the public. He also presented the All Hazards Guide 2007 – 2008 Edition to the Board and the public in preparation for hurricane season. Highlands County Home Owner’s Association has a meeting on Monday, May 14, 2007 at 9:00 a.m. to discuss the Florida Power & Light proposed plant in Glades County. Sebring baseball plays Bartow tonight in the Semi-Regional Baseball tournament at the Fireman’s Field at 7:00 p.m. See SMB 52 Page 46. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Request approval to pay all duly authorized bills and employee benefits May 1, 2007.

General 5,199,977.07

County Transportation Trust 10,692.47 Intergovt Radio Communication 1,674.18 Sebring Parkway Maint 216.44 Court Tech 28.24(12)(E)1 2,236.00 Law Library Trust Fund 875.00 HCISSRB Construction Fund 500.00 Local Govt Infra Surtax 65,051.64 Tourist Development Trust Fund 2,226.50 Comm Development Block 5,240.00 Affordable Housing Asst 63,178.00 Home Initiatives Partner 102,018.57 Hurricane Housing Rec Pro 281,804.23 Building Fund 1,250.77 Solid Waste 21,751.15

Placid Utilities 3,704.47 Risk Retention Fund 2.51

Employee Benefit Fund 3,387.63

B. Request approval of Satisfaction of Mortgage for Ernesto Medrano & Helen Medrano. See Clerk of Courts Official Records. C. Request to accept into the record the 2007 2nd Quarterly Report. See SMB 52 Page 40. D. Request approval to waive the rental fees for H.L. Bishop Park for a lake clean up project

on June 3, 2007. See SMB 52 Page 41. E. Request approval of a Qualified Target Industry and Brownfield Bonus Resolution for

Project 07-00254. See Res. Book 20 Page 43 & SMB 52 Page 42. F. Request approval of Resolutions & budget amendments 06-07-159; 166. See Res. Book 20

Page 44 & SMB 52 Page 43 & Contract file. G. Request approval of budget amendments 06-07-164; 167. See SMB 52 Page 44 & Contract

file. 5. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Housing Director: Request approval of the 2007-2010 SHIP Local Housing Assistance Plan (LHAP)

Penny Phillippi, Housing Director, presented the request. Commissioner Stewart asked for an update on the cap on the Sadowski Trust Fund. Ms. Phillippi commented that the cap is $899,000.00. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the Local Housing Assistance Plan to administer the State Housing Initiatives Partnership Program (SHIP) in Highlands County for the years 2007 - 2010. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 45, Res. Book 20 Page 42 & Contract file.

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B. Benita Whalen, South Florida Water Management District Okeechobee Service Center Director: Request approval of a Resolution requesting Federal funding for safety improvements to the Herbert Hoover Dike

Benita Whalen, South Florida Water Management District Okeechobee Service Center Director, was not present for this presentation. Commissioner Stokes commented that he would like to postpone this item until she arrives.

C. John Zediak, Chief, Water Management & Meteorology Section, Jacksonville District US Army Corps of Engineers: Presentation on the Lake Istokpoga Deviation request

John Zediak, Chief, Water Management & Meteorology Section, Jacksonville District US Army Corps of Engineers, presented a brief power point on the Lake Istokpoga Deviation request. Commissioner Maxcy commented that he would like the economic and financial impact to be considered. Commissioner Stokes asked if this deviation has been approved by U.S. Army Corps of Engineers. Mr. Zediak commented that they are currently working with Fish & Wildlife Service and other agencies and waiting for approval, disapproval or modification. Commissioner Stokes asked if this was approved, when would the lake be down to 35.5 feet. Mr. Zediak commented that the lake would be down to 35.5 feet from July 1, 2007 through September 30, 2007. Commissioner Maxcy commented that he would like Highlands County to be added to the stakeholders section. Benita Whalen, South Florida Water Management District Okeechobee Service Center Director, commented that the 35.5 feet deviation was selected. Clell Ford, Lakes Manager, commented on the hydrilla treatment on Lake Istokpoga. Ms. Whalen commented on the drought condition and the agriculture losses. Commissioner Stewart asked for clarification of the losses reported to the State. Ms. Whalen commented on her discussion with the Florida Department of Agriculture and Consumer Services and on the agriculture losses which were reported. Commissioner Bates commented that the lake is being managed as a water supply function. Mr. Zediak commented that the water supply function of this lake has decreased. Commissioner Stewart asked what would be the effect of the water situation if wells were drilled. Ms. Whalen commented that this process evaluates the effects of the aquifer. Commissioner Stewart commented that she would like the “do nothing alternative” and what would the numbers be. Kim O’Dell, South Florida Water Management District Okeechobee Service Center Project Manager, addressed her questions on the “do nothing alternative” and the levels of the lake for the months of June through September. Commissioner Stewart questioned if DEP has addressed their concerns on hydrilla. Mr. Zediak commented that he would talk to them in regards to their concerns. Commissioner Stokes asked at which point are these dates being figured. Ms. O’Dell commented that they are using the start date of April 15th. Mr. Zediak thanked the Commission and requested a letter with an option or alternatives for consideration. Commissioner Jackson commented that he believes this would have an economic impact on fishing tournaments on a long range basis. Commissioner Maxcy commented that a letter needs to be prepared summarizing economic impact to be considered. Public input was received by Bill Dwinell, Gary Albin, Steve Foures, Dave Douglas, Cliff McCormick and Bert Gallaway. See SMB 52 Page 47. Break 10:48 a.m. – 11:08 a.m. Cont’d of Action item #B. Benita Whalen, South Florida Water Management District Okeechobee Service Center Director, presented the request. Carl Cool, County Administrator, commented that he would encourage the Board to consider the adoption of this Resolution. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the Resolution requesting United States Congress to appropriate funds necessary to bring the Herbert Hoover Dike into compliance. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 45.

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D. County Administrator:

1. Request approval of budget amendment 06-07-157 Carl Cool, County Administrator, presented request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve budget amendment #06-07-157 for customization of Sungard Pentamation Finance PLUS software. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 48 & Contract file.

2. Presentation of a proposed Agreement with the City of Sebring Carl Cool, County Administrator, presented the request. Commissioner Maxcy commented that he would like other alternative plans to be investigated. Marty Roepstorff, Utilities Director for the City of Sebring, commented on his meeting with county and city staff and Ross Macbeth, Board Attorney, on alternative methods. Ramon Gavarrete, County Engineer, commented on the difference between city and county standards. Mr. Cool commented on possibly imposing a special improvement district and major increases in the cost to have the sewage treated. Commissioner Maxcy asked how long are they given to pay this back. Mr. Cool commented that they crunched the numbers based on 15 years. Commissioner Jackson asked if the City considered absorbing some of these costs since they are going to have revenue stream and value. Mr. Roepstorff commented that the County is taking over the system not the City. Ross Macbeth, Board Attorney, commented that Florida Statute obligates the County to find someone to operate the plant. Commissioner Stokes reminded the Commission that the only thing that is being asked for at this meeting is to send the letter that Mr. Cool prepared to the City of Sebring for consideration. Commissioner Stewart commented on providing a quality permanent fix for the residents. Public input was received by Martin Flux and Lamar Ritenour. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move that the Board approve the March 15, 2007 letter from Carl Cool to Bob Hoffman, and request the City of Sebring City Council consider the letter as the basis for a proposed new Interlocal Agreement to be drawn up for Board and Council consideration. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 49. 6. RECESS Recess from 12:17 p.m. – 1:04 p.m. 7. RECONVENE 1:04 p.m. Mr. Tim Jackson, President, Glatting, Jackson, Kercher, Anglin,

Inc. and Vice President, 1000 Friends of Florida: Presentation on “Florida 2060”. Commissioner Stewart presented the request. Tim Jackson, President, Glatting, Jackson, Kercher, Anglin, Inc. and Vice President, 1000 Friends of Florida, gave a power point presentation on Florida in 2060 analysis. Commissioner Stewart asked why a density bonus would be given and where would you start? Carl Cool, County Administrator, addressed her comment. Mr. Jackson commented that you would have to start with knowledge and information. Commissioner Stewart introduced all the members which were present in the audience. Commissioner Jackson asked how would large land owners fit in this program? Mr. Jackson commented on the two ways that those owners could engage in this program. Commissioner Stewart commented that she would like to discuss visioning. Mr. Jackson gave some examples of the visioning process. Ross Macbeth, Board Attorney, commented on the importance of focusing on protecting the lakes. Mr. Cool commented that this was one of the three goals agreed upon by the Commission, “to protect natural resources”. Commissioner Stewart read the goal which the Commission agreed upon to the public and she questioned what is DCA’s philosophy. Mr. Jackson commented that he can’t speak for DCA on their policy of direction. Commissioner Stewart asked how do they map out a strategic growth plan and what would be the next step? Mr. Jackson commented on a visioning plan and their goals which have been set for Highlands County. Commissioner Maxcy thanked everyone for their presence and input on this issue. Public input was

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received by Gerard McNeil, Member of NRAC, John Tallent, Director of Land Management for Lykes Brothers & Vice-Chairman of the Planning and Zoning Commission, Patricia Steed, Executive Director of Central Florida Planning Council, Lisa Jensen, from Atlantic Blue and Mark Morton from Lykes Brothers. See SMB 52 Page 50. 8. CITIZENS NOT ON THE AGENDA (Five minute time limit) No participants. 9. COMMISSIONERS: No report. 10. ADJOURN: The meeting adjourned at 2:58 P.M.

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REGULAR MEETING OF THE BOARD, MAY 8, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Clell Ford, Lakes Manager. The Pledge of Allegiance was led by Charles Krueger, past Commander of the VFW 3880 in Lake Placid. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings: May 09 7:30 am Board of Directors IDA and EDC 2113 US 27 South, Sebring,

Florida May 09 9:00 am Highlands County Housing Advisory

Committee 2300 Hope Circle, Sebring, Florida

May 09 9:00 am HC Housing Advisory Committee 501 S. Commerce Ave., Sebring, Florida

May 09 9:30 am Central Florida Regional Planning Council

Bok Tower Sanctuary, Lecture Hall, 1151 Tower Blvd., Lake Wales, Florida

May 10 2:30 pm Historic Preservation Commission 501 S. Commerce Ave., Sebring, Florida

May 14 9:00 am HC Homeowners Assoc., Inc. 3240 Grand Prix Dr., Sebring, Florida

C. Other meetings: Planning & Zoning Commission, Local Planning Agency and the Board of

Adjustment has a meeting scheduled for May 8, 2007 at 3:00 p.m. in the Board room. South Florida Water Management District Governing Board has a meeting tomorrow in Okeechobee. Commissioner Stewart commented that there were two Housing Advisory Committee meetings scheduled for tomorrow at two different locations. Carl Cool, County Administrator, commented that he would make the clarification. Lake Placid Growth Committee has a meeting today at 3:00 p.m. and they are going to have a public hearing scheduled for May 22, 2008 at the Lake Placid High School from 7:00 p.m. to 9:00 p.m. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to approve the agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits May 8, 2007.

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General 288,325.79 County Transportation Trust 24,228.30 Tourist Development Trust – Lakes 6,333.00 Highway Park Utility 749.10 Energy Recovery 3,995.86 Sebring Parkway Maint 292.64 Court Tech 28.24(12)(E)1 7,898.92 Law Library Trust Fund 494.00 HCISSRB Construction Fund 607.82 Local Govt Infra Surtax 388,801.71 Tourist Development Trust Fund 10,141.58 Comm Development Block 6,800.00 Affordable Housing Asst 2,356.66 Hurricane Housing Rec Pro 8,336.14 Building Fund 3,608.85 Solid Waste 130,537.53

Placid Utilities 9,421.09 Risk Retention Fund 4.02 Employee Benefit Fund 12.06 Tax Deed Surplus 18,635.62

B. Request approval of the minutes of the board meetings dated April 24, 2007. See Clerk of Courts website.

C. Request approval of a sponsorship for the Avon Park Chamber of Commerce, Peace River Outboard Race. See SMB 52 Page 51 & Tourist Development file.

D. Request approval to accept the recorded warranty deed and partial release of mortgage for Spires Roofing & Warehouse commercial development. See SMB 52 Page 52 & Spires Roofing & Warehouse file.

E. Request approval of a Release of Nuisance on Case # CE 06040085, 1517 Martin Luther King Blvd., Sebring, Florida. See Clerk of Courts Official Records & Subdivision file.

F. Request approval of a Release of Nuisance on Case # CE 04080079, 539 Broad St., Sebring, Florida. See Clerk of Courts Official Records & Subdivision file.

G. Request approval of a Notice of Nuisance on Case # CE 06060244, 105 Kemper Terrace, Okeechobee, Florida. See Clerk of Courts Official Records & Subdivision file.

H. Request approval of a Notice of Nuisance on Case # CE 06110054, 430/432, 438/440, 446/448 Valencia, Sebring, Florida, 33870. See Clerk of Courts Official Records & Subdivision file.

I. Request approval of Resolution & budget amendment 06-07-171. See Res. Book 20 Page 46, SMB 52 Page 53 & Budget Amendment 2007 file.

J. Request approval of budget amendment 06-07-170. See SMB 52 Page 54 & Budget Amendment 2007 file.

K. Request approval of Resolution & budget amendment 06-07-173. See Res. Book 20 Page 47, SMB 52 Page 55 & Budget Amendment 2007 file.

5. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve the agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Harold Owen: Presentation on Lake Placid hurricane compliant community center

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Harold Owen gave a brief presentation on the Lake Placid hurricane compliant community center which was donated to them by Alan Grigsby. Alan Grigsby commented on the property that he donated to the Town of Lake Placid. Commissioner Bates commended Mr. Owen for his input on this issue. Commissioner Maxcy commended Mr. Grigsby for his donation and dedication to the community. See SMB 52 Page 56.

B. Mike Wichrowski, District Biologist, Florida Fish & Wildlife Conservation Commission: Discussion on Carter Creek

Mike Wichrowksi, District Biologist, gave a brief power point presentation on Carter Creek and discussed land management and law enforcement issues occurring on the WEA’s (Wildlife Environmental Area) Carter Creek tract. Commissioner Stokes asked if they were closing paved or dirt roads. Mr. Wichrowski commented that they are discussing closing the dirt roads. Mr. Wichrowski commented that they are asking about installing a fence on the county’s right-of-ways which would help to protect these lands. Commissioner Stokes asked if the southern roads service any homes. Mr. Wichrowski commented no and he proposed some time lines on the proposed events. Commissioner Maxcy asked if NRAC concurred with what is being asked for today? Dr. Hilary Swain, representing the Archbold Biological Station, commented that NRAC fully concurs and stated that she would encourage the Board to be in support of this project. Commissioner Maxcy asked if the Florida Fish and Wildlife Commission concurred. Dale Knapp, of the Florida Fish and Wildlife Conservation Commission, commented that they concur. Carl Cool, County Administrator, asked if they wanted the county to pay the full price for the lots. Mr. Wichrowski commented that another meeting needs to be held on this issue. Commissioner Stewart commented that the incremental amount would still need to be funded. Mr. Wichrowski asked the Commission how they felt about working with DEP Division of State Lands to subsidize land purchases in Carter Creek. Commissioner Bates asked how NRAC would be impacted on the purchase of other lands and how much of the $900,000.00 are they devoting to this particular purchase. Dr. Swain commented that she is not sure and she would like to bring this back to the Commission at another meeting. Commissioner Stokes commented that he would like to go forward but he would like to know how much NRAC is going to contribute. Commissioner Stewart commented that she would like to give staff authority to proceed and look at the appraisals and come up with some suggested guidelines and some actual numbers and bring it back to them with some different actions. Commissioner Maxcy asked the Board for a consensus and all the Commission concurred. Public input was received by Steve Foures and Vaughn Whitesides. Ross Macbeth, Board Attorney, commented on the issue of deeding the roads in the southern two thirds to the State is a concern due to the rights of the people who own property and the recommendation to the Board would be if the Board conveyed those that there would be an easement to be retained in favor of the property owners so the property owners would continue to have access to their property. Commissioner Stokes concurred with Mr. Macbeth. Commissioner Maxcy asked the Board if they were agreeable to deeding the southern roads to the Commission and close the northern roads to vehicular access? Attorney Macbeth commented that a public hearing needs to be set on this issue on conveying land to the State and a hearing on closing or limiting access to roads and notify all the property owners. Mr. Wichrowski advised that letters would be sent to all the 292 property owners. Commissioner Stokes commented that he would like this to be done before anything is approved. Commissioner Stewart commented that she would like the property owners to retain the ability to access their property. Commissioner Stokes commented that he would like to go forward with public hearings on this issue. Commissioner Jackson concurred as long as the property owners are notified. Commissioner Bates commented that contacting all 292 property owners is going to be hard task. Mr. Wichrowksi commented that they get a good response rate from the property owners when they have prescribed burns on their land and he feels confident that the property owners can be contacted by mail

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or by telephone. Commissioner Maxcy asked Commissioner Stewart if she was agreeable to going to public hearings on this issue. Commissioner Stewart concurred. Ramon Gavarrete, County Engineer, commented that he would like the letter, which is going to be sent to all property owners, be reviewed by the Board Attorney to insure all necessary information is in the letter before they are sent out to the property owners to insure that the letter provides the property owners all the necessary information and requested a copy of the letter be sent to him via e-mail. Mr. Wichrowksi commented that this would be done. Commissioner Maxcy commented that the consensus of the Board is to go forward with public hearings. Public input was received by Steve Foures. Commissioner Maxcy proceeded onto the next issue and advised that the issue is the Commission installing fencing on the County right-of-ways. Mr. Wichrowski commented that they are requesting the County to allow the fencing on the County right-of-ways and he commented that they fund this project and they will maintain them. Commissioner Maxcy asked if the State is allowed to install fencing on the County right-of-ways. Commissioner Bates asked to show the Commission on the screen exactly where the fence would be. Mr. Wichrowski pointed on the screen exactly where the fence would be. Commissioner Stewart commented he is simply requesting approval from the Board to go forward with the project so permits can be obtained. Mr. Cool commented that the State will submit the plans to the County Engineer for approval and they will issue the permit to build the fence. Commissioner Maxcy thanked everyone for their attendance. Commissioner Stewart thanked Mr. Wichrowski on behalf of all the taxpayers. See SMB 52 Page 57. Break 10:22 a.m. – 10:40 a.m.

C. Erin McCarta, Lakes Management Technical Assistant: Request approval of project funding for the Lake Jackson Shoreline Restoration Project

Erin McCarta, Lakes Management Technical Assistant, gave a brief power point presentation on the funding for the Lake Jackson Shoreline Restoration Project. Commissioner Stewart questioned the $107,000.00 figure in the presentation. Ms. McCarta commented that is what they expected to get from the grant. Commissioner Stewart asked if $101,000.00 would be sufficient. Ms. McCarta commented yes but they are still hoping for some type of an award from the Five Star Grant. Commissioner Stewart asked who is going to do this work. Ms. McCarta commented that it will be contracted out but all the planting of stems will be done by her and Mr. Ford, Lakes Manager, and volunteers from DEP. Commissioner Stewart commented that she has a concern on taking on another project when there are other important projects which are behind. Clell Ford, Lakes Manager, commented that most of this project will be contracted out. Commissioner Bates asked on the outcome of the planting which was done along Lake Jackson a number of years ago. Mr. Ford gave a brief explanation on the efforts of planting along Lake Jackson and the outcome over the past years. Vicki Pontius, Parks and Recreation Director, commented that RPAC fully endorses this project. Motion by Commissioner Stokes, seconded by Bates, to move to approve the recommendation of TDC and RPAC for the lakes project and approval of budget amendment 06-07-174 and the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 48, SMB 52 Page 58 & Budget Amendment 2007 file.

D. OMB Director: Request approval of Resolutions & budget amendments 06-07-168; 169 Bernis Gainer, OMB Director, presented the request. Commissioner Stewart asked if the funds are held in the fund balance. Mr. Gainer commented yes. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move that the Board approve the Resolution and budget amendments which includes the new position and the change to exempt for the System Analyst position and the capital

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expenditures request from the Court Technology Fund. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 49, SMB 52 Page 59 and Budget Amendment 2007 file.

E. County Administrator: 1. Request approval of a Resolution concerning South Florida Water Management’s

proposed deviation request for Lake Istokpoga. Carl Cool, County Administrator, presented the request and requested changing the date on the Resolution to July 31, 2007 instead of June 30, 2007. Commissioner Maxcy asked what was the financial impact. Clell Ford, Lakes Manager, commented on the economic impact which was reported. Commissioner Maxcy asked how Mr. Zediak liked the tour of Lake Istokpoga. John Zediak, Chief, Water Management & Meteorology Section, Jacksonville District US Army Corps of Engineers, thanked the county for the tour of Lake Istokpoga. Commissioner Maxcy commented that the issue is to support the Resolution. Commissioner Stokes commented on the concern of the deviation of the lake and the Resolution expresses the concerns of the public and he would request keeping the June 30, 2007 date in the Resolution. Public input was received by Steve Foures and Alan Johnson. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the Resolution as to June 30, 2007. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 60 and Res. Book 20 Page 50.

2. Request approval of a proposed contract with South Florida Water Management District for Arbuckle Creek and Southern Lake Istokpoga Watershed Assessments.

Carl Cool, County Administrator, presented the request and requested amending the dates in Exhibit “C” in the “Statement of Work” and extending them into the future. Ross Macbeth, Board Attorney, commented that the dates can be extended if the board is willing. Commissioner Stewart asked if there is any matching of the County’s part. Missy Barletto, from South Florida Water Management District, commented that there is no matching required. Commissioner Stewart asked if it was up to Highlands County to select the contractor and oversee the contractor and will their agency participate with this. Ms. Barletto, commented that they will participate but it’s the County’s responsibility to solicit and hire a consultant. Commissioner Stewart asked if the project management responsibilities will be Ramon Gavarrete, County Engineer, or Clell Ford, Lakes Manager. Mr. Cool commented that this will be Mr. Gavarrete’s responsibility. Commissioner Bates asked if this was a request from the County or South Florida Water Management District. Mr. Cool commented that it started as a request from the County. Commissioner Stewart asked if they can be assured that the money will be available in the next fiscal year. Ms. Barletto commented that the expenditures will happen in this fiscal year which ends in September. Commissioner Stewart commented that she would like to have a brief presentation on all the projects. Commissioner Maxcy advised staff to set this up in the next couple of weeks. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the contract with South Florida Water Management District, specifically Arbuckle Creek and Southern Lake Istokpoga Watershed Assessments and this includes the changing of the dates as specified in Exhibit “C”. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 52 Page 61 & South Florida Water Management District file. 6. WORKSHOP: Presentation on the State Road No. 8/Toni Lane/Toni Circle Alternatives Ramon Gavarrete, County Engineer, presented the request. Elius Nortelus, Assistant County Engineer, gave a brief power point presentation on State Road No. 8/Toni Lane/Toni Circle Alternatives. W. Ron Cauthan, of Chastain-Skillman, Inc., commented that this project is going to be presented to the SWFWMD Governing Board on July 10, 2007 for approval. Ramon Gavarrete, County Engineer, commented on the estimate of 1.3 million in Alternative “1”is just an estimate. Commissioner Stewart asked how much the road would need to be elevated. Mr. Cauthan commented that the road would be

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elevated to 2 – 3 feet. Mr. Gavarrete commented that 3 feet is going to be more of an average towards Toni Circle. Commissioner Stewart asked if any roads would be closed and where in Alternative “2”. Mr. Gavarrete addressed her question. Commissioner Stewart requested to see which lands are owned by Archbold Biological Station. Carl Cool, County Administrator, addressed her questions and showed the board which lands are owned by the County. Mr. Cool commented that he would like to consider Alternative “2” and a combination of “3” and “4”. Commissioner Maxcy asked if Dr. Swain had an alternative that she would like considered. Dr. Swain commented that she would have concerns on enabling access. Commissioner Maxcy asked the Commission if they would consider striking Alternative “1” and consensus of the Board was to strike this Alternative. Commissioner Stewart asked which lots are in the flood plain area. Mr. Cauthan commented that this has not been looked at. Ross Macbeth, Board Attorney, commented that this is a platted subdivision and they are purchasing these lots and building. Commissioner Stewart commented that they should look at purchasing lots and elevating Toni Drive and do an assessment against all of the owners. Commissioner Maxcy commented that the taxing district is a good way to discourage building more homes at in this area. Dr. Swain commented that a long term alternative is to have the Board try and obtain these lots and use them as a wetland mitigation site which would solve the access problems. Commissioner Maxcy asked how they would get to this point. Mr. Gavarrete commented that it would take about a year to build a mitigation bank. Commissioner Stokes asked if mitigation lands could be transferred from one water management district to another. Mr. Gavarrete commented that this is frowned upon. Commissioner Stewart commented that they need to focus on discouraging any additional development in any of the alternatives which is agreed upon. Mr. Cool concurred and he asked how this can be done. Commissioner Maxcy commented that one way is a taxing district. Commissioner Stewart commented that options have been discussed such as condemnation and special districts. Commissioner Maxcy instructed Staff to bring it back to the Board on what a special district would entail and condemnation. See SMB 52 Page 62. Break 12:54 p.m. – 1:00 p.m. 7. CITIZENS NOT ON THE AGENDA Joe Eck asked the Board to consider removing the current liaison and appoint a new member in Sun N Lake due to lack of attendance of the current liaison. Commissioner Maxcy commented that they would take this under advisement. Dick Keen, South West Florida Regional Director for U.S. Senator Mel Martinez, introduced himself and stated that they will be asking sometime in June to use an area for constituent office hours. Commissioner Maxcy commented that they would do anything to help him. Dick Miller, resident of Sun N Lake, commented that the wanted to support Joe Eck on the request of removing the current liaison. 8. COMMISSIONERS

Commissioner Jackson commented that he is the liaison for Sun N Lakes that they were referring to and whatever decision the Board wants to make is fine but he wanted the Board to be aware that they are liaison to the Supervisors and arrangements have been made if he can’t cover a meeting. If he is unable to attend a meeting, Carl Cool, County Administrator, would make sure that someone from Staff covers for him. He also gave a report on FHREDI and commended Lynn Topel, Executive Director, for doing a great job and advised the Board of his concern of revenue being down.

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Commissioner Stokes commented that Highlands County will be receiving two awards on May 10, 2007 for being auto accident free for 05/06 and the best safety record for the largest employer. He also commented on the two letter’s he received from governor’s office on the letter he sent and they are asking for additional information on tax reform and he would like to get with the County Administrator to send them back a letter and he commented on other correspondence that he has received from other legislators on this same issue. He also would like to have a meeting with the legislatures.

Commissioner Stewart commented that she would like to have a list of guidelines regarding preparation on what the state is going to do next week and taxation.

Commissioner Maxcy commented that he would like to have a meeting with the legislative delegation to discuss tax reform. Charles Bryan, Tax Collector, and Sheriff Susan Benton commented on how they do their budget. Commissioner Maxcy also commented that he would like to comment on the letter that he received from the Glades County Board of County Commissioners requesting his support in the form of a Resolution, supporting the proposed Florida Power & Light plant in Glades County. Commissioner Stewart commented that it is prudent to wait on this and she will be attending the Home Owner’s meeting on Monday where this is going to be presented and discussed in more detail.

Commissioner Jackson commented that he would like a letter to be sent to the Glades County Board of County Commissioners asking them that we need more information. Commissioner Maxcy instructed Staff to send out a letter with their thoughts.

Commissioner Bates: No report. 9. ADJOURN The meeting adjourned at 1:40 P.M.

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REGULAR MEETING OF THE BOARD, MAY 15, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Howard Jarvis. The Pledge of Allegiance was led by Fred Arbelo, Commander of the Purple Heart, Chapter 601. 3. RECESSED: Commissioner Maxcy announced a recess from 9:00 a.m. – 9:30 a.m. for a Memorial Service at the Sheriff’s office. 4. RECONVENED: The meeting reconvened at 10:10 a.m. 5. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of a Monthly Report of Business Services for the month of April, 2007 as provided by the Highlands County Clerk of Courts, L. E. “Luke” Brooker. See SMB 52 Page 63.

B. Upcoming County Meetings:

May 15 6:30 pm Growth Management Committee 311 W. Interlake Blvd., Lake Placid, Florida

May 16 Noon Fisheating Creek Land Owners Group Annie’s Club 98, 4651 US 98, Sebring, Florida

May 16 3:00 pm Growth Management Committee 311 W. Interlake Blvd., Lake Placid, Florida

May 17 4:00 pm HC Library Board Sebring Public Library

C. Other meetings: Scoping meetings have been scheduled for the following dates and locations: Monday, May 21, 2007 at 7:00 p.m. at the Sebring Agri-Civic Center in Conference Room #2, Monday, June 4, 2007 at 7:00 p.m. at the Avon Park City Council Chambers, and Wednesday, June 13, 2007 at 7:00 p.m. at the Lake Placid Town Council Chambers. The Sebring High School Blue Streaks State Championship Baseball Team is playing in the Championship of Florida at the Cincinnati Reds Complex in Sarasota on Friday at 5:00 p.m. The Annual Flag Day ceremony is scheduled for June 15, 2007 at 6:00 p.m. at the Elks Club.

6. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Request approval to pay all duly authorized bills and employee benefits May 15, 2007.

General 715,747.65 County Transportation Trust 30,094.02 Legal Aid 3,598.82 Highway Park Utility 3,470.74 Sebring Parkway Maint 3,967.40 HCISSRB Construction Fund 175.00 Local Govt Infra Surtax 98,720.80 Tourist Development Trust Fund 5,054.78 Affordable Housing Asst 10,210.00 Hurricane Housing Rec Pro 652.80 Building Fund 1,168.63 Solid Waste 13,322.93

Placid Utilities 10,701.00 Employee Benefit Fund 3,426.00

B. Request approval of an Interlocal Agreement between the City of Sebring and Highlands County for the paving of road at Max Long Field. See SMB 52 Page 64 & City of Sebring file.

C. Request approval to accept and record the warranty deed for Auster Restaurant/Office Complex commercial development. See SMB 52 Page 65 & MRA Enterprises, Inc. file.

D. Request approval to accept and record the warranty deed, partial release of mortgage, partial release of assignments of rents, leases, income, profits and contracts, the, two (2) forms of UCC finance statement amendment, subordination agreement and the certificate and affidavit for Bountiful Blessings Church of God, Inc., commercial development. See SMB 52 Page 66 & Bountiful Blessings Church of God, Inc. file.

E. Request approval of sponsorship to Sebring Firemen, Inc. for FACA Allstar Baseball Tournament May 24-26, 2007 in the amount of $2,500.00. See SMB 52 Page 67 & Tourist Development Council file.

F. Request approval of the appointments of Keith R. Campbell and Eddie Cuencas to the Children’s Services Council for terms to end on 12/31/2011. See SMB 52 Page 68.

G. Request approval of the appointment of Diane Hilliard to the Veterans Advisory Board. See SMB 52 Page 69.

H. Request approval of Resolutions & budget amendments 06-07-176; 177. See Res. Book 20 Page 51, SMB 53 Page 1 & Budget Amendment 2007 file. 7. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Mr. Harry Marsh and Mr. Fred Arbelo, Military Order of the Purple Heart: Request approval of a Proclamation in support of naming US 27 from the State of Florida through the State of Michigan the “Purple Heart Highway”.

Fred Arbelo, Commander of the Purple Heart, Chapter 601, presented the request. Commissioner Maxcy read the Proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 2 & Res. Book 20 Page 52.

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B. Assistant Director of Human Services: Consideration of Human Services/Veteran

Services construction options. Mary Foy, Acting Director for the Human Services, presented the request and advised that she is requesting option two to be approved for a new stand alone Veteran’s Service Building and they are willing to modify the cost and forego the added area so the cost would be reduced. Commissioner Maxcy asked if the Veterans concurred and the people in the audience responded yes. Commissioner Jackson commented that they are seeking approval of option two which has been modified. Commissioner Stewart commented that she wanted the following items addressed: engineering design/construction management cost estimates delineated, estimate on landscaping, contingency and the cost of interior items. Carl Cool, County Administrator, addressed all the items and recommended that the Board approve this item. Commissioner Stewart commented that she was not comfortable with this and she wants to avoid what has happened in the past on projects since they don’t have a great track record on staying within the budgeted amount. Mr. Cool disagreed and commented that they do have a great track record. Commissioner Maxcy asked Mr. Cool to explain that. Mr. Cool commented on previous projects which were done in the past that have been done on time and within the budget. Commissioner Maxcy commented that they are authorizing Staff to seek a proposed contract and requested Staff to advise the Board if projects are not within the budget so adjustments can be made. Mr. Cool commented that these things in the past have been brought back to the Board. Commissioner Stewart commented that her point was to make sure to look at everything that is included in the project from the beginning and she would like to hold off on awarding the contract until the grant sources are available. Commissioner Maxcy commented that he would also like to know if there are any grant sources available. Harry Marsh, Chairman of the Advisory Board, commented on the steel buildings that he has looked at and believes this project can be done under $400,000.00. Commissioner Stewart asked what the steel buildings look like when they are done. Mr. Marsh commented on the design of the buildings that he has seen. Commissioner Stewart asked when the design work is done will the architect look at how to lay out the pavement. Suzanne Hunnicutt, architect with Chastain-Skillman, commented if they are selected to do this project they will address the interior and site plans. Commissioner Stewart commented that she would also like the architect to look at conserving as much space on the site for the future. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the modified Option No. 2 for a new stand alone Veteran’s Services Building and a renovation of a portion of the current Veteran Services offices and authorize to start working on the proposed contract to design and the project to not exceed $700,000.00. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stewart asked the motion maker if he was recommending to approve Option No. 2 which is a stand alone building and authorizing staff to start negotiating with Chastain-Skillman on a design contract and that design contract will come back to us in the future for approval for them to proceed and $700,000.00 is the total amount available for the project and instructing staff to work within the $700,000.00 for the total project. Commissioner Jackson read his motion again into the record as already stated. See SMB 53 Page 3. Break 11:00 a.m. – 11:10 a.m. Cont’d Consideration of Human Services/Veteran Services construction options. Public input was received from Roy Whitton.

C. Clerk of Court’s Finance Officer: Presentation of Interim Financial Report of Key Operating Performance Measures as of March 31, 2007.

Pam Cross, Finance Officer, presented the Interim Financial Report of Key Operating Performance Measures for the Board of County Commissioners as of March 31, 2007. An Interim Financial Report

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of the Emergency Medical Services Key Operating Performance Measures as of March 31, 2007 was also given. Bob Jamison, Deputy Clerk, commented that this is valuable information for the Commission because in the past they have only seen what the budget was going to be for the upcoming fiscal year and the fact of the matter is that the budget changes in the course of the year for various reasons and if the Commission would like they (Clerk’s Office) could research it and tell the Commission why the budget changed. Commissioner Maxcy asked if the bonds would be affected by property tax assessments. Ms. Cross commented they have monies set aside for contingency which has not been touched until the bond issue is paid off. Ross Macbeth, Board Attorney, commented that these are not general revenue bonds and not based on property taxes and he commented that these are revenue bonds which are supported by the sales tax proceeds which are not to be affected by the legislative session and as long the infrastructure sales tax proceeds continue unaffected it won’t affect the repayment stream for the bonds. Mr. Jamison commented that there is one other aspect which is the bond rating which is based on a lot of factors but it’s not likely that this would be affected. Commissioner Stewart commented that she liked having the current budget available. See Clerk’s Financial Reporting file.

D. Lakes Manager: 1. Request approval of an Interlocal Agreement between Highlands Soil & Water

Conservation District and the Board to establish a staff position, and Resolution & budget amendment #06-07-07.

Clell Ford, Lakes Manager, presented the request. Commissioner Stewart asked if the position would not be filled until July to see if it is being funded. Mr. Ford commented that this was correct and that the position is grant funded. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the Interlocal Agreement, Resolution and budget amendment #06-07-07 to exchange the irrigation technician position for the conservation technician position. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 4, Res. Book 20 Page 53, Budget Amendment 2007 file & Highlands Soil and Water Conservation District file.

2. Status report on Natural Resources Department Lakes Management Program projects. Clell Ford, Lakes Manager, presented the request. Commissioner Stewart commented that she just received the report and would request that the Board have time to review it and if they have questions then they would request him to come back for further discussion. Commissioner Maxcy thanked him for the information which was given and they will request him to come back if the Commission has any questions once the report is reviewed. See SMB 53 Page 5.

E. County Administrator: 1. Discussion on budget guidelines.

Carl Cool, County Administrator, commented that he had a meeting with the constitutional officers to discuss what the legislators are considering in the special session and budgets are being cut to the bare minimum and there is going to be an option to result in a 20% reduction in the current year. Commissioner Maxcy asked how he arrived at a 20% reduction. Mr. Cool and Tim Mechling, Budget Manager, addressed his question. Mr. Cool asked what the percentage reduction was on the house plan. Mr. Mechling commented that it was in the neighborhood of 30-35%. Commissioner Stewart asked if this was from the general fund. Mr. Cool commented that this is just the general fund, not the whole budget. Commissioner Stewart asked if they are still continuing to hire in those critical areas. Mr. Cool commented yes but the positions are in the general fund and fee funded. Ramon Gavarette, County Engineer, commented that he has 2 vacancies in his department and projects are being delayed. Commissioner Maxcy asked if the Board can be informed when they have reached that critical point on delaying projects. Mr. Gavarette commented that they have been lagging behind for quite some time

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and production is suffering enormously. Mr. Cool commented that they are working on some options and they are working on a budget which will meet all state requirements. Commissioner Maxcy thanked everyone for their comments. See SMB 53 Page 6.

2. Discussion on Request for Proposals (RFP) for auditing services Carl Cool, County Administrator, presented the request and advised the board that it would be better to have a Committee in an odd number instead of six. Commissioner Stewart asked if it was difficult to have members of the staff on this Committee because the members can’t talk to each other. Ross Macbeth, Board Attorney, commented that this type of group doesn’t interfere with their job here because the scope of what they are doing on this Committee is very limited and a short term engagement and reminded everyone that they are not allowed to talk about what the Committee is doing outside of the Committee meetings. Commissioner Bates advised the Board if the Committee needed to be reduced to five that Lisa McGehee commented to him that she did not necessary request to be on the Committee so he suggested taking her off. Commissioner Jackson commented that he would like to make the motion, Commissioner Stokes seconded. Commissioner Stewart asked if this was to select the NCT group and authorize negotiation with the NCT group and have a Committee of the five people. Ross Macbeth, Board Attorney, commented that the motion was very brief and the Board needs to select the NCT group and authorize negotiations of a contract with them and designate a Committee to do that and the recommendation today is to designate Commissioner Bates, Rick Helms, Bob Jamison, Gerald Secory and Bernis Gainer. Commissioner Jackson commented that he would like to clarify his motion. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to select the NCT group and appoint a Committee that is recommended by Commissioner Bates. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 7. 8. CITIZENS NOT ON THE AGENDA (Five minute time limit) No participants. 9. COMMISSIONERS:

Commissioner Stokes reported on a meeting that he and Carl Cool, County Administrator, attended with South Florida Water Management.

Commissioner Stewart commented on Archbold and South Florida Water Management on having a meeting here in our community. She also reported on the strategic retreat that she attended last Wednesday with the Regional Planning Council and another retreat that she attended last Thursday and Friday with Florida Association of Counties.

Commissioner Bates commented that he would like to remind the Commissioners that they will be receiving the Lake Placid Growth Management Plan and they will be coming to ask approval and asked the Commissioners to please review it since it is very lengthy and has a lot of changes and a lot of impacts for the southern parts of the county.

Commissioner Maxcy comm d that his trip to Ave Maria has been canceled and has rescheduled it for next week de ding on the next Tuesday’s meeting.

entepen

The meeting adjourned at 12:38 P.M. Commissioner Jackson: No report. 10. ADJOURN

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REGULAR MEETING OF THE BOARD, MAY 22, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Jim Polatty, Development Services Director. The Pledge of Allegiance was led by Commissioner Bates. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of the Weekly Report of Court Services for the week ending May 18, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 53 Page 9.

B. Upcoming County Meetings:

8:00 am 05/23/07 Local Mitigation Strategy Working Group

#251, 600 S. Commerce Ave., Sebring, Florida

8:00 am 05/23/07 HC Business Accelerator Board EDC Office, 2113 US 27 S., Sebring, Florida

10:00 am 05/23/07 Long Range Transportation Committee

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

8:00 am 5/24/07 RPAC Goal Setting Session 2nd Floor, 501 South Commerce Ave., Sebring, Florida

9:00 am 05/24/07 Keep Highlands Co. Beautiful, Inc. Board of Directors

#251, 600 S. Commerce Ave., Sebring, Florida

10:00 am 05/24/07 Lake Istokpoga Management Committee

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

1:15 pm 05/24/07 HC Hospital District Board Board room, 600 S. Commerce Ave., Sebring, Florida

County offices closed in observance of the Memorial Day holiday on Monday, May 28, 2007 5:30 pm 05/29/07 Special Joint meeting of the Town of

Lake Placid Town Council & Town of Lake Placid Local Planning Agency to consider the Growth Management Committee report

311 W. Interlake Blvd., Lake Placid, Sebring, Florida

10:00am 05/30/07 Heartland Library Cooperative Board Lake Placid Public Library 4:00 pm 05/30/07 Natural Resources Advisory

Commission 2nd Floor, 501 South Commerce Ave., Sebring, Florida

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C. Other meetings: Lake Placid Local Planning Agency has a meeting scheduled for June 12,

2007 to present their recommendations and findings to the Board. A Public hearing has been scheduled at the Lake Placid High School tonight at 7:00 p.m. and a draft version of the plan will be presented by the Lake Placid Growth Management Committee. Rev. McGahee thanked the Commission for the Highway Park project. John Minor, Director of Human Resources, presented the Commission with a 2006 Vehicle Safety Award and a Best Overall Safety Award from the Public Risk Management Association. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits May 22, 2007.

General 162,470.56 County Transportation Trust 79,651.50 Intergovt Radio Communication 10,716.39 Highway Park Utility 39.94 Sebring Parkway Maint 1,800.00 Court Tech 28.24(12)(E)1 22,604.00 HCISSRB Construction Fund 3,939.97 Local Govt Infra Surtax 32,781.50 Tourist Development Trust Fund 5,566.66 Affordable Housing Asst 5,634.41 Hurricane Housing Rec Pro 30,471.42 Building Fund 61.12 Solid Waste 190,065.39

Placid Utilities 4,147.84 Risk Retention Fund .35 Employee Benefit Fund 1.05

Tax Deed Surplus 9,972.10

B. Request approval to reappoint John Haviland to the Community Redevelopment Agency of Sebring Regional Airport. See SMB 53 Page 10.

C. Request approval to accept and record the warranty deed for Brooker Fence Company commercial development. See SMB 53 Page 11 & County Deed file.

D. Request approval of a Resolution to establish a Public Hearing to consider closing a portion of Fred Place of Lake Anoka Beach Subdivision according to the Plat thereof as recorded in Plat Book 5, Page 5, of the Public Records of Highlands County, Florida. See SMB 53 Page 11B & Res. Book 20 Page 55.

E. Request approval of a Resolution to establish a Public Hearing to consider closing that portion of the unnamed 33 foot wide road lying between parcel I-10 (Parcel #C-10-33-2-010-0010-0100) being a portion of Lot 1, Transcript Book Page 3, E.D. and C.E. Putney Subdivision, in Section 10, Township 33, South, Range 2, East, Public Records of Highlands County, Florida, and the West line of Section 10, Township 33 South, Range 28, East, Public Records of Highlands County, Florida. See SMB 53 Page 12 & Res. Book 20 Page 56.

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F. Request approval of a Resolution to establish a Public Hearing to consider closing a 60-foot Right of Way as shown on re-subdivision of that part of Basket Lake Groves as per Plat recorded in Plat Book 3, Page 1 of the Public Records of Highlands County, Florida. See SMB 53 Page 13 & Res. Book 20 Page 57.

G. Request approval of a Notice of Nuisance on Case #CE 07020054, 17204 Broadland, Okeechobee, Florida. See Subdivision file.

H. Request approval of a Notice of Nuisance on Case # CE 07010222, 109 Washington St., Lake Placid, Florida. See Subdivision file.

I. Request approval of a Release of Nuisance on Case # CE 06080069, 3565 Green Acre Way, Sebring, Florida. See Subdivision file.

J. Request approval of the Federal Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant Program – Approval of Certificate of Participation and Designation of Individual to Coordinate. See SMB 53 Page 14 & Sheriff’s Office file.

K. Request approval of budget amendment 06-07-180. See SMB 53 Page 15 & Budget Amendment 2007 file.

L. Request approval of budget amendment 06-07-183. See SMB 53 Page 16 & Budget Amendment 2007 file.

M. Request approval of Budget amendment 06-07-181 to reallocate funds for Cost Center 4101 Engineering Department. See SMB 53 Page 17 & Budget Amendment 2007 file.

5. PRESENTATIONS: Presentations on Rural Land Stewardship:

A. Charles Gauthier, AICP, Director, Department of Community Affairs. Charles Gauthier, AICP, Director, Department of Community Affairs, gave a power point presentation of the Rural Land Stewardship process and the process on what the Comprehensive Plan Amendments should include. Commissioner Maxcy asked how they would apply for Rural Land Stewardship. Mr. Gauthier commented that Florida Statutes states that a notification letter needs to be sent and certain issues need to be addressed in the notification letter and they will then do the site visits and they will respond on whether or not it’s appropriate to pursue Rural Land Stewardship. Commissioner Maxcy asked if the Comprehensive Plan Amendment would be next process. Mr. Gauthier commented that the property owners and county staff would go forward on preparing the Comprehensive Plan Amendment. Commissioner Maxcy asked at which point does the county lose control and can the county back out of the process. Mr. Gauthier commented that the county has the ability to change direction up to the moment that the County Commission elects to adopt the Comprehensive Plan Amendment or they can notify the State. Jim Polatty, Development Services Director, explained to the Board the process of adopting Comprehensive Plan Amendments. Commissioner Stewart asked if the Commission is suppose to deal with Regional Planning Council at this point. Mr. Gauthier commented that the notification letter is from the local government to the State with the basis of their goals. Commissioner Stewart asked how the Rural Land Stewardship would impact other developments in the area. Mr. Gauthier commented on the disadvantages and advantages. Commissioner Bates asked if the meeting today was considered a pre-notification conference/workshop. Mr. Gauthier commented yes. Commissioner Stokes commented that the meeting today is to see if the county is interested in Rural Land Stewardship. Commissioner Jackson commented that his understanding of Rural Land Stewardship is the risk is entirely with the property owners. Commissioner Maxcy commented that he would like to go forward and hear the presentations from Audubon of Florida and the Florida Department of Agriculture.

B. Eric Draper, Deputy Director for Policy for Audubon of Florida. Eric Draper, Deputy Director for Policy for Audubon of Florida, gave a brief power point presentation of Innovative Strategies for saving Florida Rural Lands. Commissioner Stewart asked about the Adams

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Ranch Stewardship progress and Mr. Draper addressed her questions. Commissioner Maxcy commented that he would like to hear the presentation from the Florida Department of Agriculture.

C. Charles “Chuck” Aller, Director of the Office of Agricultural Water Policy, Florida Department of Agriculture.

Charles “Chuck” Aller, Director of the Office of Agricultural Water Policy, Florida Department of Agriculture, presented a letter dated July 24, 2006 to the Commission from Commissioner Bronson, from the Florida Department of Agriculture and Consumer Services. Commissioner Stewart asked if their agency is available to assist the county in Rural Land Stewardship. Mr. Aller commented that they would be glad to work with the County in this process. Commissioner Stewart asked if they assisted St. Lucie County. Mr. Aller commented that they assisted them at the end of the process. Commissioner Maxcy commented that he would like to invite the applicants to give a presentation. Lisa Jensen, Chief Operating Officer for Atlantic Blue, Mark Morton, Vice-President of Lykes Bros., Inc., Hilary Swain, Director of Archbold Biological Station, Mr. Reynolds, Planner with Wilson Miller, Ernie Cox, Family Lands Remembered, Ray Royce, from the Heartland Agriculture Coalition, Pat Steed, Executive Director of the Regional Planning Council, spoke in support of Rural Land Stewardship. Carl Cool, County Administrator, commented that an agreement needs to be done where the land owners agree to pay the cost of the county to review these proposed sites and send it to DCA for review and suggested a motion to the Board to adopt an amendment proposing two sites as Rural Land Stewardship sites. Commissioner Maxcy read the request from Atlantic Blue and Lykes Brothers, Inc. Lisa Jensen, from Atlantic Blue, commented that they prepared a request to the Commission from Atlantic Blue and Lykes Brothers, requesting to apply for Rural Land Stewardship. Mr. Gauthier commented that it’s the decision of the County to send in the notification letter. Commissioner Jackson commented that the risk is solely with the property owners. Commissioner Stewart commented that Florida Statutes states “the County should notify the department in writing of the intent to designate a Rural Land Stewardship area” and the applicants are not asking for that. The applicants are asking to consider it and she addressed her concerns to the applicants. Ms. Jensen explained her request. Ross Macbeth, Board Attorney, commented that he just received the letters from the applicant today and he hasn’t had a chance to review it. Commissioner Stokes commented that he would like to move forward with Atlantic Blue and Lykes Brothers, Inc. Attorney Macbeth commented that the Commission doesn’t have a letter to do what the Statute requires and what the Commission is required to do is to send a letter satisfying the Statute and the Commission is not prepared to do that today. Commissioner Jackson commented that he sees no harm in sending a letter to DCA. Attorney Macbeth commented that there is no need for that. Commissioner Stewart commented on the letter received from Thomas Pelham, Secretary for DCA, which quotes the Statute and suggested having staff prepare an agreement and have it reviewed by Attorney Macbeth, Board Attorney and present it back to the Board in two weeks. Break 12:10 P.M. – 12:20 P.M. Cont’d discussion of Rural Land Stewardship Motion by Commissioner Stokes, to move to compliment both Atlantic Blue and Lykes Brothers, Inc. for considering the process known as Rural Land Stewardship and direct county staff to move within two weeks to come up with a draft Letter of Intent and advise the Board on the best course of action regarding Rural Land Stewardship request. Commissioner Maxcy commented that the motion died for the lack of a second. Commissioner Maxcy commented that a draft needs to be prepared by staff and brought back to the Board for review in two weeks and is subject to the review of the County Attorney. Public input was received by Gabriel Reid. See SMB 53 Page 18.

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Lunch Break 12:30 P.M. – 1:50 P.M. 6. PUBLIC HEARING: Public Hearing to request a Notice of Lien for Case # CE 06010149,

9246 Bridle Path, Sebring, Florida. Carl Cool, County Administrator, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the Collection of County Expenses. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 19 & Subdivision file. 7. PUBLIC HEARING: Public Hearing to request a Notice of Lien for Case # CE 06010186,

3612 Paradise Drive, Sebring, Florida. Carl Cool, County Administrator, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Jackson declared a conflict of interest. A Memorandum of Voting Conflict was entered into the record. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the Collection of County Expenses. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained. Motion carried. See SMB 53 Page 20 & Subdivision file. 8. PUBLIC HEARING: Public Hearing to request a Notice of Lien on Case # CE 06010185, 3606

Paradise Drive, Sebring, Florida. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Jackson declared a conflict of interest. A Memorandum of Voting Conflict was entered into the record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the Collection of County Expenses. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained. Motion carried. See SMB 53 Page 21 & Subdivision file. 9. PUBLIC HEARING: Public Hearing to request a Notice of Lien on Case # CE 05070077, 220

Crestmore Drive, (Formally Hawthorne Drive), Lake Placid, Florida. Eddie Conklin, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Jackson declared a conflict of interest. A Memorandum of Voting Conflict was entered into the record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the Collection of County Expenses. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained. Motion carried. See SMB 53 Page 22 & Subdivision file. 10. PUBLIC HEARING: Public Hearing to request a Notice of Lien on Case # 06080166, 3170 W. Shula Road, Avon Park, Florida 33825. Tommy Turnbull, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the Collection of County Expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file.

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11. PUBLIC HEARING: Public Hearing to adopt an Ordinance to repeal Sebring Highlands Special Tax District.

Carl Cool, County Administrator, presented the request and read the caption of the Ordinance into the record. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Bates asked how much money is in the account. Ross Macbeth, Board Attorney, commented that there was no money in the account. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Ordinance repealing Article 15 of Chapter 9 in the Code of Ordinances, Highlands County, Florida, pertaining to the Sebring Highlands Special Tax District, providing for conflict and providing for an effective date. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 53 Page 23. 12. PUBLIC HEARING: Public Hearing to adopt an Ordinance to repeal Northwest Highlands

Park Special Benefit District. Carl Cool, County Administrator, presented the request and read the caption of the Ordinance into the record. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Ordinance repealing Article 18 of Chapter 9 in the Code of Ordinances, Highlands County, Florida pertaining to the Northwest Highlands Park Special Benefit District, providing for conflict and providing for an effective date. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 53 Page 24. 13. PUBLIC HEARING: Public Hearing to adopt an Ordinance to repeal Lake Placid Sun ‘N

Lake Estates Improvement District. Carl Cool, County Administrator, presented the request and read the caption of the Ordinance into the record. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Ordinance repealing Article 9, of Chapter 9 in the Code of Ordinances, Highlands County, Florida, pertaining to the Lake Placid Sun’ N Lake Estates Improvement District, providing for conflict and providing for an effective date. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 53 Page 25. 14. PUBLIC HEARING: Public Hearing to consider purchase of a portion of 3625 Youth Care

Lane, Sebring, Florida 33870 for Sebring Parkway Phase II, Project #01101. Ross Macbeth, Board Attorney, declared a conflict on this issue and left the Board room for duration of this issue. Kathy Avirett, Land Acquisition Manager, presented the request and presented a power point presentation on the consideration of purchase of a portion of 3625 Youth Care Lane, Sebring, Florida, 33870, for Sebring Parkway Phase II, Project #01101. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve Contract for Sale and Purchase Agreement for a portion of 3625 Youth Care Lane, Sebring, Florida 33870. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 26 & Sebring Parkway Phase II file. 15. PUBLIC HEARING: There are four (4) zoning changes and one (1) small scale plan amendment are on the Board of County Commissioners Agenda for May 22, 2007. They were heard by the Planning and Zoning Commission/Local Planning Agency on May 8, 2007. 1. HEARING #1885 - GREEN AVON PARK, LLC. – C/O ROBERT S. SWAINE OF

SWAINE, HARRIS & SHEEHAN, P.A.

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Approximately 11.80 acres located on the East shore of Lake Anoka South of Hal McRae Boulevard in Avon Park, and abbreviated legal as follows: Located in Sec. 27, Twp. 33S, Twp. 28E, Highlands County, Florida. Request: A zoning change from R-1 (Residential district) and R-3 (Multiple Dwelling district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to construct single family and multiple dwelling units. Jim Polatty, Development Services Director, presented the request. Proof of Publication has been submitted to the Clerk to become part of the permanent record. Bob Swaine, representing the applicant, presented his request. Commissioner Stewart questioned the phasing. Mr. Swaine addressed her question. Michael Sacks, Vice-President, Chief Operating Officer of Green Avon Park, LLC, explained their request to the Board. Commissioner Stewart questioned the gating of the community. Mr. Swaine stated that the applicant is planning on gating the community. Commissioner Stewart commented that the applicant has a 20 foot lake maintenance easement setback and asked if the association is responsible for maintaining the easement or the individuals. Mr. Swaine commented that the Home Owner’s Association should be responsible for maintenance. Ross Macbeth, Board Attorney, explained that the requirements can be placed in the Resolution to ensure maintenance is acceptable to the County. Mr. Swaine commented that his client is offering to maintain that 20 foot lake easement and they would be in favor of amending the Resolution. Attorney Macbeth commented that the changes to the Resolution are as follows: J. Lakeshore maintenance easement: the lake shore maintenance area shown in exhibit “A” shall be subject to a maintenance easement granted to a Condominium Association or a Home Owner’s Association in perpetuity to maintain the lakeshore consistent with the requirements of the applicable water management district permits rules and regulations and county land development regulations. K. Site development requirements: Development of the site shall be consistent with the information contained in the chart attached hereto as exhibit “B”. He also stated that an additional line needs to be added to read: minimum units square footage, 1000 square feet. Atty. Swaine commented that the applicant is in agreement with those changes. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to adopt by Resolution P&Z 1885 amending the Zoning Atlas from R-1 (Residential district) and R-3 (Multiple Dwelling district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development), for 11.8 acres referencing the mandatory findings and becoming effective as provided by law and this includes the Resolution as presented to the Board and as amended by the Board during this public hearing and also includes the R-3 FUD site plan. Attorney Macbeth questioned if the minimum 1000 square footage is air conditioned. Mr. Swaine commented that it’s air conditioned. Attorney Macbeth commented that the following items in the Resolution also need to be corrected: Section 1: states section 12.05.290 and it should be 12.05.291. Section 3: strike the words “or Ordinance”. Section 4: should read “This Resolution shall take effect immediately upon adoption. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to amend the Resolution with the following changes: Section 1: should read section 12.05.291, Section 3: should read: Any Resolution or part thereof in conflict with this Resolution on any part hereof is hereby repealed to the extent of the conflict, Section 4: should read: This Resolution shall take effect immediately upon adoption. Attorney Macbeth commented that only one Resolution should be prepared to incorporate all these changes. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 27 & Res. Book 20 Page 58. 2. HEARING #1897 - SANDY RIDGE GROVES, INC. – C/O ARNOLDO R. ROBELO AND

ROGER DALE POLSTON

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Approximately 39.15 acres located on the East side of Tractor Road, North of Highlands Oaks R.V. Resort, and abbreviated legal as follows: Approximately 39.15 acres located in Sec. 15, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-2 PD (Multiple Dwelling district with a Planned Unit Development.) Applicant desires to construct townhouses/condominiums multi-family units. Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stokes asked if this was R-3 PD or R-2. Mr. Polatty commented that it was R-2. Commissioner Stewart commented that this came before the Board as a rezoning for R-3 for Multifamily and the Board made a motion to approve a medium density comp. plan amendment and the applicant was instructed that we were not in favor of apartments for that area and that an R-2 was more consistent with the neighborhood and that it would be a planned development to look at additional protections to the single family residents in the area and allow the applicant more flexibility. Dale Polston, from Polston Engineering, representing the applicant, commented that they agreed to medium density level and he commented that they did not agree to duplexes. Commissioner Stewart commented that this was a condition that the Board approved for duplexes. Arnoldo Robelo, the applicant, commented that they agreed to town houses not to duplexes or apartments. Mr. Polatty commented that this was simply a communication problem and apologized. Ross Macbeth, Board Attorney, commented that the application today is for R-2 PD medium density. Mr. Polston asked who is going to pave Tractor Road. Attorney Macbeth commented that this road has to be paved for a development of this sort and it’s a currently funded project. Ramon Gavarrete, County Engineer, commented that this project has been moved to next year’s Capital Financial Strategy. Robert Livingston, representing the land owner’s, asked the Commission to focus simply on approving the issue of zoning and not the paving of Tractor Road. Arnoldo Robelo, the applicant, commented that this project will add value to the area. Public input was received by Jeff Kennedy and Martha Carter. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt by Resolution P&Z 1897, amending the zoning atlas from AU (Agricultural District) to R-2 PD (Two-Family Dwelling District with a Planned Unit Development) for 39.15 acres, referencing the mandatory findings and becoming effective as provided by law and, in addition, the Resolution for clarification that we are adopting is the one that is stated, amended May 21, 2007, as provided to us with the following changes: Page 3: Under residential dwellings, we are eliminating the sentence, “these units shall not be leased except by individual owners”, Page 5: Under landscape buffer, we are inserting before Type “C” it will read: “The North and East side of the property shall be landscaped with a 40 foot Type “A” Transitional Yard Buffer and the southern property boundary shall be landscaped with a 20 foot Type “C” Transitional Yard Buffer, Page 7: eliminating the sentences on the top of that page which reads “the mandated improvements for this project may include the construction of Tractor Road from the southern property line of this property to the intersection of Tractor Road and Lunsford or a cost sharing arrangement with the County for the paving of this portion of Tractor Road. The paving of this section of Tractor Road will be dependent upon the funds for the paving of Tractor Road being eliminated due to the fund reductions in the County budget that results from amendments to the CFS prior to October 1, 2007 and as determined by the County Commission and, in addition, the last change is on Page 3 where it states Tractor Road construction and under the completion column it shall state “paved or funding provided before first building permit” and another change in Section “10”, it should state “This Resolution shall take effect immediately upon the Comp. Plan Amendment becoming effective as provided by law” and we are also including in our adoption, Exhibit “A” which is a conceptual site development plan, however, the provisions in the written portion of the Resolution shall prevail if there are any inconsistencies between the written part and the site plan. Attorney Macbeth asked if the language in Section 6.B is being deleted. Commissioner Stewart commented that this was the intent. Mr. Polston asked if they could

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extend the time limit for completion of this project. Attorney Macbeth commented that it should be 48 months after commencement of construction. Commissioner Maxcy reconfirmed that it should read “shall commence within 48 months after the effective date of this Resolution and become completed within 48 months after commencement of construction. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 28 & Res. Book 20 Page 59. 3A. HEARING # CPA-07-423SS – THOMAS OR SALLY SCHANKWEILER Approximately 7.73 acres located on the Northwest shore of Deer Lake on the North side of Albritton Road, and abbreviated legal as follows: Approximately 7.73 acres located in Sec. 13, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Low Density Residential.) 3B. HEARING # 1891 – THOMAS OR SALLY SCHANKWEILER Legal description as stated above (Item #7A.) Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires to construct single family dwellings. Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to Clerk to become part of the permanent record. Thomas Schankweller, the applicant, presented this request. Commissioner Stewart addressed some of her concerns to staff. Ramon Gavarrete, County Engineer, commented that the applicant will have to pave the dirt road. Mr. Polatty commented that the applicant will have to provide access to all the lots. Commissioner Stewart commented that she was disturbed that she wasn’t familiar with this. Mr. Polatty commented that this wouldn’t have changed their recommendation. Mr. Schankweller commented that they will be paving roads. Commissioner Stewart commented on her concern with consistency of the neighborhood on the lot sizes and septic tanks on half acre lots. Commissioner Stewart and Mr. Schankweller discussed possible conditions. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt by Ordinance CPA-07-423SS amending the future land use map for 7.73 acres from (Agriculture) to (Low Density Residential) and move to approve and adopt by Resolution P&Z 1891, amending the zoning atlas from 7.73 acres from AU (Agricultural) to EU (Estate District) referencing the mandatory findings and transmitting CPA-07-423SS to the Florida Department of Community Affairs for their compliance determination and becoming effective as provided by law. The conditions to be included in the Small Scale Comprehensive Plan Ordinance include:

1. Interconnectivity to adjacent future developments shall be required. 2. The applicant shall dedicate additional rights-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 at the time of development. 3. The property shall be considered as a single project for purposes of development review and approval under County Codes. 4. Maximum of 11 lots. 5. Any lakefront lot shall be a minimum of .75 acres. 6. Any septic tank and drain field shall be a minimum of 150 feet from the lake.

Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12, SMB 53 Page 29 & Res. Book 20 Page 60. Commissioner Stokes left the Board room at 5:30 p.m. 4. HEARING #1905 – BAHRAM AHMADI

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Approximately 2 acres located on the Northwest corner of Schumacher Road and Ortego Street at the South edge of Sun ‘N Lake of Sebring, and abbreviated legal as follows: Approximately 2.0 acres located in Sec. 16, Twp. 34S , Rge. 28E, Highlands County, Florida. Request: A zoning change from R-2 (Two-Family Dwelling district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to construct multiple family dwellings. Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Rick Whidden, representing the applicant, presented his request. Commissioner Stewart asked how they are proposing to develop. Mr. Whidden addressed her concerns. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to adopt by Resolution P&Z 1905, amending the zoning atlas from R-3 (Multiple Dwelling District) to R-3 FUD (Multiple Dwelling District with a flexible unit development), referencing the mandatory findings and becoming effective as provided by law.

1. Central water and sewer are to be provided by a public entity. 2. The number of units is to be capped at 16. 3. Environmental clearance, if required, of impacts to Wetlands, Cutthroat Grass Seeps, and Xeric Uplands will be necessary prior to development. No development order or permit will be issued unless prescribed environmental mitigation is accomplished. Concurrency assessment for traffic circulation, sanitary sewer, potable water, solid waste disposal, storm water drainage, and recreation and open space will be required prior to development. Any development orders and permits will specify any needed improvements, and a schedule for their implementation, including any conditions that require public facility improvements, to be in place concurrent with the impacts of the proposed development. 4. The applicant shall dedicate additional rights-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 Plan at the time of development. 5. A landscape buffer shall be provided as required by the LDR’s, if none is required per the LDR’s, a ten foot landscape buffer shall be provided along the north end of the site. 6. The conceptual site plan shall be included as part of the motion.

Ross Macbeth, Board Attorney, commented that in Section 3 of the Ordinance in the conflict section, the words “or Ordinance” needs to be deleted so it should read: “Any Resolution or part thereof in conflict with this Resolution or any part hereof is hereby repealed to the extent of the conflict.” He also said that there’s an error on the effective date and it should read “This Resolution shall take effect immediately upon adoption.” Commissioner Stewart commented that she would amend her motion to accept these corrections. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 30 & Res. Book 20 Page 61. Commissioner Maxcy announced that Commissioner Stokes was not present for this vote. 16. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the agenda as amended by Carl Cool, County Administrator. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stokes was not present for this vote. A. County Administrator:

1. Request approval of a Proclamation in recognition of “National Public Works Week” May 20-26, 2007

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Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 62. Commissioner Stokes was not present for this vote.

2. Request approval of a request from the City of Sebring for assistance in removing sand at Veteran’s Beach.

Carl Cool, County Administrator, presented the request. Commissioner Stewart asked if this was a good cost estimate to include all overhead costs. Mr. Cool commented that this was a good cost estimate. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the request from the City of Sebring for assistance in removing sand at Veteran’s Beach with a stipulation that the cost be split on a 50/50 basis between the City of Sebring and Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 31. Commissioner Stokes was not present for this vote. Commissioner Stokes returned to the Board room at 5:39 P.M.

3. Land Clearing Estimate Carl Cool, County Administrator, presented the request to approve the clearing and burning of the twenty-acre grove on Memorial Drive for the School Board. Commissioner Stewart questioned the over time usage of the Road and Bridge Department and will they have to pay the employee’s over time. Bruce Van Jaarvseld, Road and Bridge Superintendent, commented that over time will be paid. Commissioner Stewart commented that the Commission should focus on the mission of taking care of the Road and Bridge Department. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to agree to clear this twenty-acre parcel. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 53 Page 32. 17. COMMISSIONERS:

Commissioner Stokes: No report. Commissioner Jackson: No report. Commissioner Stewart: No report. Commissioner Bates: No report. Commissioner Maxcy: No report.

18. ADJOURN The meeting adjourned at 5:44 P.M.

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REGULAR MEETING OF THE BOARD, JUNE 5, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Rick Helms Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

Carl Cool, County Administrator, was absent from meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Rick Helms, Assistant County Administrator. The Pledge of Allegiance was led by Bob Jamison, Deputy Clerk. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings:

June 7 7:00 p.m. Construction Licensing, Enforcement and Appeals Board

600 S. Commerce Ave., Boardroom, Sebring, Florida

June 11 9:00 a.m. Highlands County Homeowners Association

3240 Grand Prix Drive, Sebring County Estates Club House, Sebring, Florida

C. Other meetings: The Professional Services Acquisition Committee will have a meeting in the

Government Center in Room #B251 on June 6, 2007 at 2:00 p.m. The EBC Executive Committee will have a meeting at the EBC Building located 2113 U.S. Hwy 27, Sebring, Florida on June 11, 2007 at 7:30 a.m. The Highway Park Neighborhood Preservation & Enhancement District Council Meeting will have a meeting at New Life Assembly Church, 114 Cloverland Street, Lake Placid, Florida on June 11, 2007 at 6:30 p.m. The Veteran’s Advisory Board will have a meeting at the Highlands County Health Department, Large Conference Room, located at 7205 S. George Blvd., Sebring, Florida on June 7, 2007 at 2:00 p.m. The Ten County Coalition will have a meeting on Thursday, June 7, 2007 at 10:00 a.m. at the Shrine Club on Hwy 78. 4. CONSENT AGENDA: Commissioner Stewart requested to have consent item “H” pulled and requested to discuss item “Q” & “U”. Threasa Handley, Assessment Coordinator, presented item “Q”. Comments and discussion was received by Commissioner Stewart and Rick Helms, Assistant County Administrator on consent item “Q”. Comments and discussion was received from Ramon Gavarrete, County Engineer, Robert Diefendorf, Transportation/Utilities Project Manager, Commissioner Stewart and Mr. Helms on consent item “U”. Public input was received from Debra Worley on consent item “J”. Commissioner Stewart requested to have the Adopt-A-Road Agreements listed in Consent Items E, F and G make sure the agreements have starting and ending points. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the consent agenda, pulling item “H”, and to have Highlands

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County Beautiful clarify the agreements in consent items E, F and G as to what segments of those roads are being cleaned. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 5, 2007.

General 1,029,188.98 County Transportation Trust 74,897.15 E911 Operations Fund 39.12 Conservation Trust Fund 1,400.00 Comm Development Block 8,600.34 Energy Recovery 2,203.84 Sebring Parkway Maint 292.64 Court Tech 28.24(12)(E)1 235.18 HCISSRB Construction Fund 14,356.64 Local Govt Infra Surtax 135,108.30 Tourist Development Trust Fund 14,559.94 Affordable Housing Asst 28,820.63 Hurricane Housing Rec Pro 99,498.40 Building Fund 66,287.38 Solid Waste 96,590.10

Placid Utilities 849.59 Risk Retention Fund 2.33 Employee Benefit Fund 1.64

Tax Deed Surplus 43,347.90 Payment of bills and employee benefits was authorized on May 29, 2007 for $733,383.87.

B. Request approval of Board of County Commission meeting and Districts meeting minutes for the dates of May 1, 8 and 15, 2007. See Clerk of Courts website.

C. Request approval of several Satisfaction of Mortgages as noted on attached list. See Satisfaction of Mortgage file.

D. Request approval of a Release of Nuisance on Case Number CE 06080136, 465 Grand Prix Drive, Venus, Florida. See Clerk of Courts Official Records & Subdivision file.

E. Request approval of an Adopt a Road Agreement with the Leadership Highlands Class of 2007. See SMB 53 Page 33 & Adopt a Road Agreement file.

F. Request approval of an Adopt a Road Agreement with the Breakfast Lion’s Club. See SMB 53 Page 34 & Adopt a Road Agreement file.

G. Request approval of an Adopt a Road Agreement with the Helbig Family. See SMB 53 Page 35 & Adopt a Road Agreement file.

H. Request approval of the Heartland Library Cooperative Interlocal Agreement. This item was pulled from the agenda. See SMB 53 Page 36 & Library file.

I. Request approval of the 2007/2008 FDEP Consolidated Small County Solid Waste Management Grant Application. See Solid Waste Management file.

J. Request approval of Highlands County 2006 Community Development Block Grant (CDBG) Economic Development (ED) Southern Lifestyle ALF of Lake Placid LLC, DCA Contract # 07DB-3R-07-38-01-E17. See SMB 53 Page 37 & Housing file.

K. Request approval of Revised Development Services Application. See SMB 53 Page 38. L. Request approval to record a deed dedicating Roads Right-of-Way for Moon Ranch

Estates. See SMB 53 Page 39 & County Deed file.

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M. Request approval to accept and record the warranty deed for Southern Oaks Subdivision dedication of right-of-way. See SMB 53 Page 40 & County Deed file.

N. Request approval to accept and record the two Drainage Easements and Joiner, Consent and Subordination of Mortgages for Sebring Retail commercial development. See SMB 53 Page 41 & County Deed file.

O. Request approval resolution to withdraw from the Joint Project Agreement (JPA) between Highlands County and the State of Florida Department of Transportation FM # 410637, and the Highlands County project # 06024, Landscaping at US 27 and Sun N’ Lake Blvd. See SMB 53 Page 42 & Res. Book 20 Page 63.

P. Request approval of the Transportation Operational & Safety Improvement Program (TOSIP). See Transportation Operational & Safety Improvements Program (TOSIP) file.

Q. Request approval of Acceptance of agreement of $30,000 for fine for Reliable Sanitation. See SMB 53 Page 43.

R. Request approval of Budget amendment 06-07-187. See SMB 53 Page 44 & Budget Amendment 2007 file.

S. Request approval of Resolution that was not listed on the Agenda for May 22, 2007 (Budget amendment 06-07-180 was approved). See SMB 53 Page 45 & Res. Book 20 Page 64.

T. Request approval to reimburse developer, Cloverleaf Trails, Inc., for services rendered to install a larger than required water main extension from the Placid Utilities water system in a portion of the Cloverleaf Trails subdivision and budget amendment # 06-07-191 with resolution transferring $22,991.63 from utility fund 402 Fund Balance unreserved to fund 402/102/54900/Other Charges/Obligations. See SMB 53 Page 46, Res. Book 20 Page 65 & Budget Amendment 2007 file.

U. Request approval of Consultant Service Authorization No. 8680.38 with Chastain Skillman, Inc. for the renewal of the water use permit for the Highway Park Water Treatment Plant and budget amendment 06-07-190 with accompanying resolution transferring $30,000.00 from utility fund 403/3999100Z fund balance unreserved to utility fund 403/7102A/53100Z/Project Professional Services. See SMB 53 Page 47, Budget Amendment 2007 file, Chastain Skillman file & Res. Book 20 Page 66.

5. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve action item #5. Upon roll call, all Commissioners voted aye. Motion carried.

A. Assistant County Administrator: Request approval of draft letter to Secretary Pelham in reference to the Rural Land Stewardship Application.

Ross Macbeth, Board Attorney, commented that Mr. Cool’s letter is not statutorily accurate and he presented the Commission two letters to consider and explained the difference between them. Commissioner Stewart requested clarification on the process of Rural Land Stewardship. Attorney Macbeth commented on the two step process which has to be accomplished by Florida Statute. Commissioner Stewart addressed her concern with sending this letter to the Florida Department of Community Affairs. Commissioner Jackson commented that the letters seem the same and that the risk remains with the applicants. Cari Roth, from Lykes Brothers, Inc., commented that they are requesting the Board to send the official Letter of Intent to the Florida Department of Community Affairs and they would like the short form/one page letter to be sent. Commissioner Stokes commented that he would be agreeable on sending the one page letter and move forward. Commissioner Jackson commented that he would like to move forward. Commissioner Bates asked if the one page letter included the draft agreements for assistance from Lykes and Atlantic Blue. Attorney Macbeth

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commented that those are not attached and those details have not been worked out. Commissioner Stewart commented on some things which were discussed previously with the Secretary in the meeting she attended in Tallahassee and things which were discussed at last week’s conference and she stressed that this process has to be a collaborative process and the Letter of Intent needs to address the full intent of the section of the law and a one page letter will not suffice and she would like the two page letter sent. Commissioner Bates commented that he appreciates Commissioner Stewart’s concern but he would like to start with this initial step. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to send to the Florida Department of Community Affairs the one page letter Notification of Intent to designate Highlands County Rural Land Stewardship Areas, Blue Head Ranch, and Lykes Brothers, which our attorney has prepared. Commissioner Stewart questioned which attachments are intended to be provided and included in the letter to the Florida Department of Community Affairs. Attorney Macbeth commented that the letter dated May 15, 2007 from Atlantic Blue and letter dated May 17, 2007 from Lykes Brothers, Inc. Commissioner Stewart commented that she can’t agree with the conclusions that the applicants reached and she suggested that additional items need to be referenced in the letter. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. Commissioner Stewart commented that she would like to instruct the County Attorney to contact the Florida Department of Community Affairs and discuss the Rural Land Stewardship process and the different steps and their interpretation in more detail. Attorney Macbeth commented that he expects to have further communication with the Florida Department of Community Affairs as well as other state agencies. Break 10:30 A.M. – 10:43 A.M. Cont’d discussion of the Rural Land Stewardship Application Commissioner Stewart questioned what the Commission is going to do while they are waiting for a response from the Florida Department of Community Affairs and how the County is going to cover the costs of these activities. Attorney Macbeth commented that they need to talk to the applicants about the sites, planning resources and hiring consultants. Commissioner Maxcy commented that he would like the Board Attorney and the County Administrator to get together and come up with a process that the County needs to go forward and bring it back to the Board in two weeks. Jim Polatty, Development Service Director, commented on the need for consultants on the Rural Land Stewardship process. Commissioner Stewart commented on the need of consultants onboard before the application is submitted and she wanted to know who is going to coordinate this. Mr. Polatty commented that they would recommend hiring two project teams and a transportation planner, environmental firm and a planning firm. Attorney Macbeth commented that he would like to have one firm handling the project for consistency. Commissioner Maxcy instructed staff to set up a workshop in regards to the Rural Land Stewardship issue in July. Commissioner Stewart commented that the secretary would be speaking in Sarasota at the Planning & Zoning Conference and will be discussing Rural Land Stewardship. See SMB 54 Page 1 & Rural Land Stewardship file. 6. PUBLIC HEARING: Public Hearing to adopt by ordinance a listing of Historically

Significant Structures. This item was pulled. See SMB 54 Page 2 & Historic Preservation Commission file.

7. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the second part of the action agenda item’s 7A & B. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Human Resources Department: Update on Goal #1, Action Steps # 1 & # 2.

John Minor, Human Resources Department, gave a brief power point presentation on the goals which were set back in April and proposed two action steps and presented the board with an organizational chart from Citrus and Polk County. Commissioner Stewart commented that she didn’t feel comfortable discussing Citrus County organizational chart because she spoke to the Senior Commissioner this morning and the Senior Commissioner disagreed with everything which was provided for today’s meeting from Citrus County. Mr. Minor commented that was fine and he went forward and discussed Polk counties organizational chart. Commissioner Jackson commented on the importance of reorganizing the county and coming up with a good structure. Rick Helms, Assistant County Administrator, commented that this is the first step for the county. Commissioner Stewart commented that this will allow the county to become more efficient and effective. Commissioner Maxcy commented to go forward with preparing an organizational chart for the Board to review. See SMB 54 Page 3.

B. Assistant County Administrator: Request approval of Budget amendment 06-07-189 decreasing fund 005 Reserve for contingency Rick Helms, Assistant County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve budget amendment 06-07-189. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 4 & Budget Amendment 2007 file. 8. CITIZENS NOT ON THE AGENDA (Five minute time limit) No participants. 9. COMMISSIONERS

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Stewart: Commissioner Stewart thanked the staff for presenting their

information at the Budget workshops and commented that the workshops were very informative. She also commented that it would have been more productive to have the department heads present reduced budgets that are more in line with anticipation of what the legislature is going to do.

Commissioner Bates: Commissioner Bates commented that he would like to remind the Commissioners to review the Lake Placid Growth Management Plan. He also thanked Bob Jamison, Senior Director of Business Services, for his straight ad valorem version of the Clerk’s budget.

Commissioner Maxcy: Commissioner Maxcy commented that he would have liked to look at 20-30 % cut backs on the budget. He also commented that staff did a great job at the Budget workshop. Commissioner Stewart asked if it would be appropriate for each Commissioner to put together a list of suggestive budget cuts and pass those along to the County Administrator. Commissioner Maxcy commented that it would be fine to put together some suggestive cuts and present them to the County Administrator. Rick Helms, Assistant County Administrator, commented that they welcome any input from the Commissioners on the budget. Bernis Gainer, OMB Director, commented that they are looking at multiple scenarios of the budget and they will present it to the Board.

10. ADJOURN The meeting adjourned at 12:11 P.M. 060507.REG

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REGULAR MEETING OF THE BOARD, JUNE 12, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at

600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Commissioner Jackson. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of the Clerk of Courts Monthly Report of Business Services for May, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 54 Page 6.

B. Upcoming County Meetings:

06/12/07 3:00 pm Planning & Zoning Commission and the Local Planning Agency and Zoning Board of Adjustment

Boardroom, 600 S. Commerce Ave., Sebring, Florida

06/13/07 7:30 am IDA/EDC Board of Directors EDC Office, 2113 US 27 S., Sebring, Florida

06/13/07 9:00 am Central Florida Regional Planning Council

Citrus & Chemical Bank, 600 N. Broadway Ave., Bartow, Florida

06/14/07 2:30 pm Historic Preservation Commission 501 S. Commerce Ave., Sebring, Florida

C. Other meetings: The Florida Association of Counties will be having an annual conference in

Orlando today and tomorrow. The SOS Lakes Association will be having a meeting with South Florida Water Management and the Army Corps. of Engineers on Thursday, June 28, 2007 at 7:00 p.m. at the Lorida Community Building and the main topics will be hydrilla and Lake Istokpoga. 4. CONSENT AGENDA: Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve the agenda with removal of item “G”. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 12, 2007. General 374,943.63 County Transportation Trust 27,767.46 Legal Aid 3,598.82 Local Govt Intra Surtax 453,571.68

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Tourist Dev Trust Fund 3,210.81 Comm Development Block 5,000.00 Affordable Housing Asst 17,214.79 Home Initiatives Partner 6,000.00 Hurricane Housing Rec Pro 12,279.09 Special Law Enforcement 500.00 Law Library Trust Fund 1,856.50 Court Tech 28.24(12)(E)1 36,011.52 Building Fund 573.79 Impact Fee Transp Lk Plcd 1,929.50 Impact Fee Parks & Rec Lp 206.10 Impact Fee Corr Facility 186.32 Impact Fee Fire 190.09 Impact Fee Libraries 66.59 Impact Fee Law Enforcement 62.87 Impact Fee EMS 17.43 Solid Waste 50,224.60

Placid Utilities 1,062.40 Highway Park Utility 17.28 Risk Retention Fund 4.02

Employee Benefit Fund 12.06 Tax Deed Surplus Fund 21,068.99

B. Request approval of the minutes of the board meetings dated May 22, 2007. See Highlands County Clerk of Courts website.

C. Request approval of a Satisfaction of Lien on Case # CE 06080069, 3565 Green Acre Way, Sebring, Florida. See Subdivision file.

D. Request approval of a Notice of Nuisance on Case # CE 06050001, 4504 Weeping Willow Ave. Sebring, Florida. See Subdivision file.

E. Request approval of a Notice of Nuisance on Case # CE 06010205, 9135 Mare Path Sebring, Florida. See Subdivision file.

F. Request approval of two Local Agency Program (LAP) agreements and two Resolutions Authorizing the Chairman of the Board to execute said agreements, for project ID# 417399-1 and project ID # 409096-1. See SMB 54 Page 7, Florida Department of Transportation file & Res. Book 20 Page 67.

G. Request approval of Guesthouse Agreement. This item was moved to the action agenda, item 7., A., #3.

H. Request approval of budget amendment 06-07-186; 192. See SMB 54 Page 8 & Budget Amendment 2007 file.

I. Request approval of Resolution & budget amendment 06-07-193. See SMB 54 Page 9, Budget Amendment 2007 file & Res. Book 20 Page 68.

5. PRESENTATION:

A. Bert Harris III, Growth Management Committee: Presentation of the final “Vision Report of the Lake Placid Growth Management Committee”.

Commissioner Bates disclosed that he served on the Growth Management Committee for the first year of the operation and attended the majority of the first 23 meetings of the Committee. Ray Royce, Chairman of the Lake Placid Growth Management Committee, gave a brief presentation on all the work that has been done on preparing this Vision Report of the Lake Placid Growth Management

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Committee. Bert Harris, Esq., from Swaine, Harris & Sheehan, P.A., gave a brief presentation and requested the following individuals to speak in support of the Vision Report of the Lake Placid Growth Management Committee. Hosmer Compton, Chairman of the Local Planning Agency, spoke in support of this issue. Attorney Harris commented on the concern of forced annexation and he presented the following individuals to comment on landowner participation and consent and he also presented the Board with a letter from Peterson & Myers, P.A. dated June 8, 2007 and a Resolution for the Board to consider. Lonnie Wells, John Smoak, from Smoak Groves and Ann Pollard, spoke in support of the issue. Attorney Harris presented Pamela T. Karlson, President of the Board of the Greater Lake Placid Chamber of Commerce and presented the Board with a copy of the Resolution by their board. Pamela T. Karlson, President of the Board of the Greater Lake Placid Chamber of Commerce, James Carol, Jeanne Fortier, Carolyn Phypers and Eileen May, CEO of the Greater Lake Placid Chamber of Commerce, spoke in support of this issue. Attorney Harris commented that the next speaker was going to address the bike path and path elements. Robert Summers commented on his role of achieving trails and paths to help the Town of Lake Placid for future growth. Attorney Harris commented on the concerns of the Tomoka Height residents. Gary Freeman, Lake Placid Water & Sewer Department, addressed the Town of Lake Placid’s qualifications to operate and maintain water and sewer systems. Frank Crupta, Environmental Health Director for the Highlands County Health Department, commented on how the sewer systems operate and how it should be implemented if the County adopts the report. Don Hanna, from the Planning Department, commented on the development of a functional classification system. Jim Polatty, Development Services Director, commented on how the vision needs to be adopted as part of the Comprehensive Plan. Mr. Royce addressed the Urban Service Area. Attorney Harris asked the Board to approve the Resolution and in paragraph one to have it state “conceptual approval”. Also authorize and direct the County Administrator to schedule and begin the appropriate hearing process to go through the Planning and Zoning Department and have it come to the Board with the appropriate Comprehensive Plan Amendment, and also, prepare an Interlocal Agreement with Lake Placid. Richard Woodruff, from Wilson-Miller and Gregory Arnone, spoke in support of this issue. Harold Owen, Chairman of Placid Utilities Advisory Board, spoke in support of the issue but would like Section 4.11, Lake Placid Regional Utilities taken out of the plan. Lillian Horsley requested to have the Town of Lake Placid revise the boundary line so her property is not under the management plan. Berylene Wagner, President of the Board of Directors of Tomoka Heights, Bob Cummins, Lois Krebs and Mary Morgan, spoke in support of the issue but requested removing the section pertaining to Placid Utilities. Atty. Harris commented on the issue of Lillian Horsley and stated that her land is on the northern boundary and is easily excludable and the next time the Committee meets he will present a motion to delete her from the plan as well as the urban service area. Break 10:46 a.m. – 11:00 a.m. Cont’d discussion of Lake Placid Growth Management Committee Lillian Horsley requested some clarification on the issue of deleting her land from the Committee. Attorney Harris addressed her concern. Lillian Horsley commented that she wants to remain with the County and be able to develop her land in the future. Carl Cool, County Administrator, addressed her concern. Ross Macbeth, Board Attorney, commented that he can’t support the Resolution and the Vision of the Lake Placid Growth Management Committee in its current form due to legal deficiencies in the Vision statement before it’s adopted as a county document. Commissioner Bates commented that he views this as vision statement that still requires a lot of work and encouraged them to complete the work that they have already begun. Commissioner Jackson commented on his concern with workforce housing, forced annexation and the utilities. Horace Durrance commented that he is a land owner and he is not in agreement with annexation. Attorney Harris commented that his objective is to

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gather landowner consents and anyone that doesn’t want to be in can be excluded from the area. Commissioner Stokes commented on the concern of the utilities. Commissioner Stewart requested clarification on the urban service boundary. Jim Polatty, Development Services Director, clarified her concern. Commissioner Stewart commented on the concern of addressing the funding and financing requirements, cost of operation and maintenance, forced annexation and utilities. Commissioner Bates commented that he would like to go forward and have staff thoroughly review the documents presented today. Atty. Harris requested that the Board adopt this Resolution and keep paragraph one and two, change wherever it states “report” and add the word “draft”; begin work on an Interlocal Agreement between the Town and County; have staff start on Land Development Regulations; request the Department of Transportation to identify the 27 corridor; agree to postpone the lakes and define road corridors. Attorney Macbeth commented if the Board is going to consider the Resolution he would like to make additional changes and he would recommend that the word “report” not be changed to “draft” throughout and he would like Section 1. to state “The report when finalized shall be considered as a proposed amendment to the Highlands County Comprehensive Plan in the 07-2 cycle”, and section 4 & 7 it should also read “The Report when finalized”. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to accept the Lake Placid Growth Management Committee Report in principle as a vision statement and a planning tool with the exception of paragraph 4.11 subsection one and two, as well as, the alternative provisions suggested for paragraph 4.11, additionally the Chairman shall appoint a working group chaired by a Commissioner to include the Placid Utilities Advisory Board, the Lake Placid Growth Management Committee, a representative of the Lake Placid Town Council, County Administrator and the County Engineer to explore all avenues in an effort to resolve the issue addressed in paragraph 4.11 and report back to the Commission within 60 days. Commissioner Jackson asked if this included Placid Utilities. Commissioner Bates commented that he was excluding the Placid Utilities issue. Commissioner Stewart asked if the motion was to accept it, not to approve it. Commissioner Bates commented that his intent was to accept it so the Committee has the encouragement to proceed to the 07-02 deadline. Attorney Macbeth commented on his concern of parts of the report that he doesn’t consider lawful and still needs some work. Commissioner Maxcy commented that there is a motion to accept the report and set aside the issue of Placid Utilities. Commissioner Bates commented that the intent of his motion was to accept the report so the Committee could continue their work. Commissioner Stewart commented that she would like to give staff clear direction to all the different departments that may be impacted. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 10 & Lake Placid Growth Management Committee. Lunch 12:12 p.m. – 1:30 p.m. 6. PUBLIC HEARING: Public Hearing to consider Purchase of 211 S. Eucalyptus St., 213 S.

Eucalyptus St and 560 Violet Ave. Sebring, Fl 33870 for Sebring Parkway Phase II Project # 01101.

Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Ross Macbeth, Board Attorney, commented that there is no provision for waiving an appraisal and he read the Florida Statute into the record. Ramon Gavarrete, County Engineer, commented that they have a comparable appraisal for a similar lot and could that be used. Commissioner Maxcy asked if they could utilize another appraisal. Attorney Macbeth stated “no” per Florida Statute. Commissioner Maxcy suggested approving the contract with the appraisal to be obtained. Attorney Macbeth commented that the Board could accept the contract and approve closing subject to the appraisal being equal to or greater than the purchase price. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the Contract for Sale and Purchase Agreement for 211 S. Eucalyptus Street, 213 S. Eucalyptus Street and 560 Violet

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Avenue, Sebring, Florida also known as the legal descriptions which are set forth and subject to the property being appraised and the appraisal being at least equal to or greater than the contract price of $127,223.35. Attorney Macbeth asked if the motion includes approving of the close as long as that contingency is satisfied. Commissioner Jackson commented that was the intent. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 11 & Sebring Parkway Phase II file. 7. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. County Administrator: 1. Presentation of the GFOA Distinguished Budget Award for FY beginning October 1, 2006.

Rick Helms, Assistant County Administrator, presented an award from the GFOA for the Distinguished Budget Presentation for FY beginning October 1, 2006 to Commissioner Maxcy and Bernis Gainer, OMB Director. Commissioner Maxcy thanked the budget office for all their hard work. Mr. Gainer commented that he would like to recognize two employees for their hard work and going the extra mile and he presented awards to Jared Lee, Budget Analyst, and Christine Edwards, Budget Technician. See SMB 54 Page 12.

2. Request approval of Consultant Service Agreement No. 8680.24 with Chastain-Skillman, Inc., regarding architectural and engineering services to be provided for the new construction and renovation of Human Services/Veterans Services.

Carl Cool, County Administrator, presented the request. Commissioner Stokes questioned the proposed contract amount. Mr. Cool addressed his question. Commissioner Jackson asked if this includes consideration for a steel building. Mr. Cool stated yes and they are going to get a pre-engineered metal building with an architectural brick face plus the interior designs and plus the exterior design and surface water management permits and this is the best way to move ahead. Commissioner Jackson questioned if there was a break down on how much is going to designing the metal building and how much is going for renovation. Mr. Cool stated no because the design cost is for the design, drawings of the pre-engineered metal building as well as the redesign of existing building. Commissioner Jackson commented that he felt that was a lot of money to design the interior of the building. Commissioner Stewart commented that it’s not uncommon for manufacturers that put these metal building together do a turn key project which includes the finish inside and she suggested investigating whether it should be done through an RFP and concurred with Commissioner Jackson’s statement. Commissioner Maxcy questioned what the delay would be if they went out to bid. Mr. Cool commented that there would be a 60 day delay. Commissioner Bates commented that he assumes that Chastain-Skillman has some specs. Mr. Cool commented that this contract would hire them to design the building and put together the specs, then this would be advertised so they could bid on it. Joseph Dionne, County Veterans Service Officer, commented that they are in agreement with a building within the County budget. Mary Foy, Acting Human Services Director, commented that she would like to expedite this process. Commissioner Jackson commented if it would be possible to approve the contract for the renovation portion and then do a design contract for the metal building. Mr. Cool commented that his recommendation would be to look at this contract so it’s just a renovation of the current building and take the cost for a new building out of it. Commissioner Jackson commented that they could go ahead and authorize the design build of the metal building and the renovation could be phase two. Mr. Cool commented that he will go get bids on a design build project for a metal building and he will bring the best bid back to the Board for consideration. Commissioner Stokes commented that he would like to go through that process. Commissioner Jackson commented that he would like the bid to show what they are going to do and what they are not going to do. Commissioner Stokes asked if the parking area

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could be done in-house or do they have to have a design. Mr. Cool stated that they have to have a design but it could be done in-house and he will bring it back to the Board for consideration. See Chastain-Skillman file.

3. Request approval of Guesthouse Agreement. Carl Cool, County Administrator, stated that this item is being taken off the agenda and will be brought back for consideration at a later date. See Guesthouse file.

4. Proposal from the State Legislators Carl Cool, County Administrator, presented the Commission with letters from the Florida Legislature dated June 8, 2007, and from Florida Association of Counties dated June 11, 2007 and commented on how the proposed tax cuts impact Highlands County. Commissioner Stewart commented that she would like the percent of revenue loss to be explained. Jared Lee, Budget Analyst, addressed her question and explained the percent loss from current year. Commissioner Stewart questioned what percentage would have to be cut. Mr. Lee commented they would be at a 9% reduction. Commissioner Maxcy commented that he was very disappointed to hear that Denise Grimsley, State Representative, blamed local government for what’s going on in Tallahassee. Commissioner Stokes commented that he appreciated the letter from the editor from Highlands Today. See SMB 54 Page 13. Commissioner Stewart asked Mr. Cool to explain the mediator issue which was on the consent agenda item “I”. Mr. Cool responded. Commissioner Stewart commented that she understands the mechanics but she doesn’t understand what the program does. Commissioner Bates gave an explanation. Ross Macbeth, County Attorney, gave a brief explanation of the mediator process. 8. CITIZENS NOT ON THE AGENDA No participants. 9. COMMISSIONERS

Commissioner Jackson: No report. Commissioner Stokes: Commissioner Stokes commented on the phone calls he received over

the weekend in regards to the violation of parking at Lake Denton. He also commented on the meeting he attended last Thursday with the Water Management Committee and he gave a report on the Lake Istokpoga deviation.

Commissioner Stewart: No report. Commissioner Bates: Commissioner Bates commented that he appreciates the Commissioners

review and listening to the Lake Placid Growth Management Committee today and issues need to be resolved with Tomoka Heights.

Commissioner Maxcy: Commissioner Maxcy commented that he received a report from the Florida Planning Group, Inc., on a review of the SHIP program and Physical Inspection Report and submitted it into the record. See SMB 54 Page 14.

10. ADJOURN

The meeting adjourned at 2:34 P.M.

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REGULAR MEETING OF THE BOARD, JUNE 19, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ross Macbeth, Board Attorney. The Pledge of Allegiance was led by Sgt. Major (Ret.) Joseph Dionne and by three members of the Highlands County Veterans Advisory Board. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings: June 19 3:00 pm Audit Committee #251, 600 S. Commerce Ave., Sebring, Florida June 19 7:00 pm HC Recreation & Parks Dept. public

meeting to discuss upcoming softball season Ag-Center Auditorium, 4509 George Blvd., Sebring, Florida

C. Other meetings: Carl Cool, County Administrator, presented photographs to the Board on the

Lake Placid Physical Education Facility. Commissioner Bates announced that Commissioner Stewart was given the Advanced County Commission’s Certificate at the Florida Association county meeting last week. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the consent agenda removing item “H” from the consent agenda and placing it on the action agenda. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 19, 2007.

General 2,548,885.98 County Transportation Trust 18,001.80 Intergovt Radio Communication 83,812.39 Sebring Parkway Maint 1,250.00 Building Fund 2,206.72 HCISSRB Construction Fund 1,125.00 Solid Waste 7,499.27 Placid Utilities 34,138.83 Highway Park Utility 3,575.09 Employee Benefit Fund 3,442.88 Local Govt Intra Surtax 210,117.72 Tourist Dev Trust Fund 675.00

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Affordable Housing Asst 13,190.00 Hurricane Housing Rec Pro 22,940.00 Tax Deed Surplus Fund 50,715.39 B. Accept into the record the Salvation Army – Sebring, FL Command Corrections Program Financial Statements & Independent Auditors Reports Year Ended 09-30-06. See

Salvation Army file. C. Accept into the record the Summary of Court-Related and Other Miscellaneous Funds

Revenue and Expenditures for the Board of County Commissioners. See SMB 54 Page 15.

D. Request approval of Large-Scale Comprehensive Plan Amendment Schedule. See SMB 54 Page 16.

E. Request approval of a Release of Nuisance on Case Number CE 05040206, 514 Valencia Street, Sebring, Florida. See Subdivision file.

F. Request approval of Budget Amendment No. 06-07-158 and Resolution to receive new funds into current year for the multi-use path/sidewalk project and the Grant-in-Aide Agreement between Highlands County Board of County Commissioners and Sebring Retail/Shops at Shelby Crossing for sidewalk/lane extensions and striping improvements. See SMB 54 Page 17, Budget Amendment 2007 file, Sebring Retail file & Res. Book 20 Page 69.

G. Request to approve the Consultant Service Authorization No. 8680.35 from Chastain Skillman, Inc. for the design and permitting of the water main/sanitary sewer force main relocation for Sebring Parkway Phase II in the total amount of $52,000.00. See SMB 54 Page 18 & Chastain Skillman file.

H. Request to approve & record maintained right-of-way maps for Raley Road, DeSoto City Road and Tractor Road. This item was moved to the action agenda.

I. Request approval of Special Flood Hazard Map, revised 06/07/07 for the Holiday Acres and Nicholas Acres area of Venus. See SMB 54 Page 19.

J. Request approval to reappoint Gene Polk and Vicki Spires to the Highlands County Health Facilities Authority for a term to expire on July 2, 2011. See SMB 54 Page 20.

K. Request approval of the appointment of C. Parke Sutherland to the Law Library Advisory Board. See SMB 54 Page 21.

L. Request approval of the appointment of Mike Basile to the Veterans Advisory Board. See SMB 54 Page 22.

M. Request approval of a reduced payment for an EMS account. See SMB 54 Page 23. N. Request approval of Budget Amendment 06-07-195. See SMB 54 Page 24.

5. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Marcia Stazko, Senior Program Director, Central Florida Regional Planning Council: Central Florida Regional Planning Council Transportation Disadvantaged Program overview and request for adoption of a Resolution supporting the selection of a multi-county community transportation coordinator and formation of a multi-county local coordinating board.

Marcia Stazko, Senior Program Director, Central Florida Regional Planning Council, gave a power point presentation on the overview of the Central Florida Regional Planning Council Transportation Disadvantaged Program and requested adoption of a Resolution. Commissioner Stewart commented on

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the utilization of this service. Commissioner Maxcy questioned the role of the Central Florida Planning Agency. Ms. Stazko commented that they are the planning agency designated under the law. Public input was received from Jack Richie and Gabriel Read. Lynn Topel, Florida Heartland Rural Economic Development Initiative, Inc., spoke in support of this issue. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the Resolution of the Highlands County Board of County Commissioners supporting a Multi-County Transportation Disadvantaged System and read the Resolution into the record. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 25 & Res. Book 20 Page 70.

B. Lynn Topel, Florida’s Heartland REDI, Inc.: Presentation on what FHREDI has done in our region.

Lynn Topel, Florida’s Heartland REDI, Inc., gave a power point presentation on the Florida Heartland Rural Economic Development Initiative, Inc. and the Florida’s Freshwater Frontier. Commissioner Jackson and Commissioner Maxcy thanked Ms. Topel and staff for all their hard work. See SMB 54 Page 26. Break 10:15 a.m. – 10:28 a.m

C. Development Services Director: Request to approve the School Board’s request to begin site preparation and other similar (horizontal) work on the Memorial Drive site prior to the Zoning Amendment.

Jim Polatty, Development Services Director, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve the School Board’s site preparation and the similar (horizontal) work on the Memorial Drive site prior to the zoning amendment being approved if the School Board acknowledges that all work will cease if zoning is not approved. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 27.

D. David Caisse: Presentation with an update for the Transportation Operational & Safety Improvements (TOSIP).

David Caisse, Project Manager, gave a power point presentation on the Transportation Operational and Safety Improvement Program 06/07–07/08. Commissioner Maxcy questioned what was the justification of taking out the circle on Sun N’ Lake Blvd. in Sebring. Ramon Gavarrete, County Engineer, stated the justification was to make it more operational and functional. Commissioner Stokes asked if they were working on repaving CR 621 this year. Mr. Gavarrete addressed the repaving of CR 621. Commissioner Maxcy thanked staff for their expediency in their presentation. See SMB 54 Page 28.

E. County Administrator: Request approval of Budget Amendment 06-07-198 decreasing

the Reserve for Contingency and approving Amendment No. 5 to the Highlands County Impact Fee Study Consultant Contract for the Highlands County Proportionate Share Ordinance.

Carl Cool, County Administrator, presented the request. Commissioner Stokes questioned why this was being done. Mr. Cool commented that this is to help prepare the Proportionate Share Ordinance. Commissioner Stewart commented that this is not to prepare the Proportionate Share Ordinance and is this for services to implement it. Ramon Gavarrete, County Engineer, commented that this is mainly to assist staff in implementing the Ordinance. Commissioner Jackson questioned why an expenditure of this size was not anticipated in the budget. Mr. Gavarrete commented that this has been a learning process and it wasn’t anticipated. Commissioner Maxcy asked if this was the only vendor they could use. Mr. Gavarrete commented that this is not the only vendor but Tindale-Oliver has done all the

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background work and they have a continuing contract with them. Commissioner Maxcy questioned how this $150,000.00 contract was negotiated. Mr. Gavarrete addressed this question. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve Consultant Services Amendment No. 5 to the Highlands County Impact Fee Study Consultant Contract between Highlands County and Tindale-Oliver Associates, Inc. and budget amendment 06-07-198. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 29, Budget Amendment 2007 file & Tindale-Oliver Associates file.

F. Request to approve & record maintained right-of-way maps for Raley Road, DeSoto City Road and Tractor Road & Discussion of the E-Stone gas line.

Ramon Gavarrete, County Engineer, presented the request. Commissioner Stewart declared a conflict of interest. A Memorandum of Voting Conflict was entered into the record. Commissioner Maxcy advised Commissioner Stewart to state the reason for her disclosure. Frederick Trippensee, commented that the Board has been misinformed by their staff and they are seeking legal counsel and requested additional time to pursue this matter. Barbara Stewart commented that she is not the owner of the subject property but the spouse of the owner, Mr. Frederick Trippensee III. Mrs. Stewart gave a brief history of all the pertinent facts. Wayne Douberly, from Kahn Grove Service, gave a brief history on the orange grove on the Trippensee property and stated that he has not seen any evidence of this property off Raley Road ever being mowed or maintained except for one time about nine months ago and commented on his concern of contamination of the grove. Commissioner Stewart commented that no county employee contacted Mr. Trippensee in this matter until last Friday and she stated that Mr. Trippensee received a letter last Friday advising him that the Board of County Commissioners was preparing to file for prescriptive right-of-way for areas along Raley Road and no maps or data were attached. The letter was dated May 3, 2007, and it was postmarked June 14, 2007, and the letter didn’t indicate how much property the County intended to take from him. She also advised the Board that Mr. Trippensee is asking the County to acknowledge that it is not entitled to file for prescriptive right-of-ways for any portion of his property along paved Raley Road due to the evidence that the owner provided continuous maintenance of the property since the road was built, and that the County Commission agree that it will not have any equipment and will not provide any maintenance on the south side of paved Raley Road without the written consent of Mr. Trippensee. John Strang, President of Gapway Grove Corporation, commented that they own and maintain the groves on the north and south of Raley Road and they also received late notice that this issue was being brought before the Commission and requested additional time to obtain information about the gas line and how they are going to be affected and objects to the County requesting this additional right-of-ways. Commissioner Maxcy questioned the timeline. Carl Cool, County Administrator, commented on the timeline of the grant needed to build a gas pipe line for Sebring Airport Authority and he stated that he has talked to county employees who will attest to the maintenance of this road. Commissioner Stewart stated that they have all the documentation of the maintenance of Raley Road and they claim that the County has not maintained this road and she also informed the Board of other land owners that have not been notified. Bob Swaine, on behalf of the Sebring Airport, commented on the importance of the gas line project. Commissioner Jackson commented that he didn’t have enough evidence to approve anything today. Commissioner Stokes concurred with Commissioner Jackson and requested to hear from Ross Macbeth, Board Attorney. Mr. Macbeth explained the Florida Statute and the importance of this project. Commissioner Jackson questioned if the gas line being proposed off of Raley Road has been discussed with the property owners. Mr. Cool stated no. Commissioner Maxcy discussed the options to the Board and the need to hear from county employees on the maintenance of Raley Road. Commissioner Jackson commented he would like to put this on the agenda for next week for discussion. Commissioner Stokes, Commissioner Bates and Commissioner Maxcy were in agreement.

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Commissioner Maxcy commented on the importance to have county staff attest to the maintenance of Raley Road. See SMB 54 Page 30.

G. Discussion of the actions of the State Legislators. Carl Cool, County Administrator, gave a brief power point presentation on the Property Tax Relief and Reform, Plan Overview and commented on the Executive Summary prepared by Florida Association of Counties and Fishkind & Associates, Inc. Commissioner Stewart commented on various areas of the budget to have staff review. Commissioner Maxcy commented that he would like a copy of Commissioner Stewart’s request to be given to all the Commissioners. Commissioner Stewart commented that she would like to have special meetings to discuss the budget like last year. See SMB 54 Page 31. 6. CITIZENS NOT ON THE AGENDA (Five minute time limit) No participants. 7. COMMISSIONERS:

Commissioner Stewart: No report. Commissioner Bates: Commissioner Bates commented that it would be more prudent to have

the Lake Placid Growth Management Committee meet with Placid Utilities and have county and town staff attend as advisors and the first joint meeting of the Lake Placid Growth Management Committee and Placid Utilities Advisory Board meeting will take place next Tuesday afternoon.

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Maxcy: No report.

8. ADJOURN The meeting adjourned at 12:42 P.M.

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REGULAR MEETING OF THE BOARD, JUNE 26, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Rick Helms Antonia Rivera

Commissioner Stewart was absent from the meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Jim Polatty, Development Services Director. The Pledge of Allegiance was led by Jim Konkoly. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of the Weekly Report of Court Services for the week ending June 22, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 54 Page 32.

B. Upcoming County Meetings: 8:00 am 06/27/07 Local Mitigation Strategy Working Group #251, 600 S. Commerce Ave., Sebring,

Florida 4:00 pm 06/27/07 Natural Resources Advisory Commission Engineer’s Training Room, 501 S.

Commerce Ave., Sebring, Florida 9:00 am 06/28/07 Keep Highlands Co. Beautiful, Inc. Illegal

Dump Task Force #251, 600 S. Commerce Ave., Sebring, Florida

C. Other meetings: The Recreation Parks Advisory Committee will have a meeting on June 27,

2007 at 2:00 p.m. at the Agri-Civic Center to discuss the Long Range Plans for the recreation of Highlands County. Lake Placid Growth Management Committee will meet tonight at 5:30 p.m. at the Lake Placid Town Hall. Planning & Zoning is having a special workshop today at 3:00 p.m. in the Boardroom. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits June 26, 2007. General 525,718.95 County Transportation Trust 72,546.39 Fire Inspection 59.22 State Court Facilities TF 2,225.00 Library Trust Fund 494.00 Court Tech 28.24(12)(E)1 148.52 Building Fund 2,897.14

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HCISSRB Construction Fund 127,261.72 Solid Waste 53,064.29 Placid Utilities 1,937.32 Highway Park Utility 32.25 Risk Retention Fund 306,123.15 Local Govt Intra Surtax 315,470.29 Tourist Dev Trust Fund 1,496.89 Affordable Housing Asst 68,970.74 Hurricane Housing Rec Pro 90,709.60 Tax Deed Surplus Fund 28,912.68 Comm Development Block 155,560.00 B. Accept into the record the Tax Collectors recapitulation statement for the year 2006

(available for review at the Clerk of Court’s office). See Tax Collector’s file. C. Request approval of the minutes of the board meetings dated June 5, 2007. See Clerk of

Courts website. D. Request approval to purchase a used tanker trailer. See SMB 54 Page 33. E. Request approval of budget amendment 06-07-203 to transfer remaining funds from

completed Courthouse south parking lot addition to law enforcement/public parking lot. See SMB 54 Page 34 & Budget Amendment 2007 file.

F. Request approval of a Memorandum of Agreement between Highlands County, Federal Emergency Management Agency (FEMA), and the Southwest Florida Water Management District (SWFWMD) for collaboration regarding the Flood Hazard Identification process, identification and prioritization of flood mapping needs and development of a scope of study to produce updated, digital flood insurance rate maps (FIRMS). See SMB 54 Page 35 & FEMA file.

G. Request approval of a Resolution to vacate that portion of Fred Place of Lake Anoka Beach Subdivision, according to the Plat thereof as recorded in Plat Book 5, Page 58, of the Public Records of Highlands County, Florida; being more particularly described as follows: Begin at the Southeast corner of Lot 24 of said Subdivision thence run North 89°52’00” West and along the North right-of-way line of Fred Place a distance of 87.60 feet to the Southwest corner of Lot 24; thence run South 00°05’00” East a distance of 50.00 feet; thence South 89°52’00” East and the South right-of-way line of Fred Place a distance of 87.60 feet to the Northeast corner of Lot 28; thence North 00°05’00” West a distance of 50.00 feet to point of beginning. This item was moved to the Public Hearing # 9 A.

H. Request approval of a Resolution to establish a Public Hearing to consider closing a portion of Hildago Drive being a 60 foot right-of-way, being recorded in a Replat of East Shore Subdivision. See Res. Book 20 Page 71.

I. Request approval of budget amendment 06-07-201. See SMB 54 Page 36 & Budget Amendment 2007 file.

J. Request approval of Resolutions & budget amendments 06-07-199; 200. See SMB 54 Page 37, Res. Book 20 Page 72 & Budget Amendment 2007 file.

5. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the action agenda as presented. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Chairman Maxcy: Request approval of a Proclamation recognizing Rick Weigand’s retirement and appreciation for his years of service to the citizens of Highlands County.

Commissioner Maxcy presented the request and read the Proclamation into the record and thanked Mr. Weigand for all his years of service. Sheriff Susan Benton also took the opportunity to thank Mr. Weigand for all his hard work. Rick Weigand commented on his experience with the County and thanked everyone. Commissioner Stokes and Carl Cool, County Administrator, thanked Mr. Weigand for his years of service. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 73. Break 9:21 A.M. – 9:32 A.M.

B. Assistant County Administrator: 1. Recognition of General Services/Purchasing Department’s 2007 Achievement of

Excellence Award from the Universal Public Purchasing Certification Council. Rick Helms, Assistant County Administrator, presented the request and presented Gerald Secory, Purchasing Director, with a General Services/Purchasing Department’s 2007 Achievement of Excellence Award. Mr. Secory commented that he would like to recognize staff for their achievements. See SMB 54 Page 38.

2. Discussion on funding for the proposed Sheriff’s administration building.

Carl Cool, County Administrator, presented the request and commented on the reduction in funds which were committed to this project. He also commented that the majority of the funding is planned to be funded with the one cent sales tax. Sheriff Susan Benton commented that this issue has been discussed since October of 2005 and no money is coming from the general fund for this project and impact fees are being counted on to build this building and impact fees cannot be used unless it’s for future growth. She also questioned why some one cent sales tax money can’t be allocated to build the building. Commissioner Maxcy commented that this was a good question and this should be taken under consideration. Sheriff Susan Benton also commented that by Florida law, Chapter 30, she is required by law as the constitutional office of Sheriff to notify the Board of County Commission of facility needs and conditions. Commissioner Maxcy instructed staff to get with the Sheriff and put a County Commissioner on this team to work with staff and come back to the Board with some options. Sheriff Susan Benton commented that this is about having the equipment and technology to be able to provide public safety. Commissioner Maxcy commented that he would like to be the Commissioner to serve on that team. Ross Macbeth, commented that for safety the Committee needs to be treated as a Sunshine Committee. Mr. Cool commented that a proposed contract needs to be negotiated. Commissioner Maxcy instructed staff to get with the engineer to negotiate a contract and to move forward. Commissioner Bates asked if the Public Financial Management, Inc. is willing to provide some guidance on how other sources of revenue can be found. Mr. Cool commented that they are essentially the financial advisors. Rick Helms, Assistant County Administrator, commented if this project is prioritized then other projects will be delayed or eliminated from the Capital Financial Strategy. Commissioner Maxcy commented that these are options that he would like to discuss and advised staff to get with the Sheriff and he will not be the Commissioner that meets with them but would like all the Commissioners to be notified of the meeting. See SMB 54 Page 39.

C. Mr. Robert C. McQueen, III, President, Highlands Senior Center, Inc.: Request to consider putting the Center back on the approved list for Transportation Disadvantaged.

Robert C. McQueen, III, President of the Highlands Senior Center, Inc., presented the request. Carl Cool, County Administrator, commented that this is funded by the Central Florida Regional Planning

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Council and they hire a coordinator and they make the judgment calls on which trips are granted and they are only providing trips for medical emergencies not recreational. Mr. McQueen commented that they are simply asking for a few individuals to be transported that require ambulatory services. Public input was received from Ahn McQueen. Commissioner Maxcy instructed staff to write a letter supporting this issue. See SMB 54 Page 40. 6. PUBLIC HEARING: Public Hearing to adopt an Ordinance to repeal North Orange

Blossom (Units 8&9) Special Benefit District. Threasa Handley, Assessment Coordinator, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to adopt the Ordinance repealing Article XXI of Chapter 9 of the Code of Ordinances, Highlands County, Florida, pertaining to the North Orange Blossom (Units 8 and 9) Special Benefit District, providing for conflict; and providing for an effective date. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 54 Page 41. 7. PUBLIC HEARING: Public Hearing to consider purchase of a portion of 313 & 349 N.

Eucalyptus Street, Sebring, FL 33870 for Sebring Parkway Phase II, Project #01101. Kathy Avirett, Land Acquisition Manager, presented the request and gave a brief power point presentation. Proof of Publication has been provided to the Clerk to become part of the permanent record. Public input was received by Rick Engler. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve Contract for Sale and Purchase Agreement for a portion of 313 & 349 N. Eucalyptus Street, Sebring, Florida, 33870. Upon roll call, all Commissioners voted aye, except Commissioner Bates, who voted nay. Motion carried. See SMB 54 Page 42 & Sebring Parkway Phase II file. 8. PUBLIC HEARING: Public Hearing to adopt a Resolution to vacate an Easement being

the 10 foot Utility and Drainage Easement lying on the Easterly side of Lot 30, Block 282, Placid Lakes, Section 20, less the North 10 feet thereof as recorded in Plat Book 9, Page 31, of the Public Records of Highlands County, Florida.

Elius Nortelus, Assistant County Engineer, presented the request and advised the Board that this meeting has been duly noticed and Proof of Publication has been given to the Clerk. Bob Jamison, Deputy Clerk, questioned if we had the Proof of Publication or just a newspaper clipping. Antonia Rivera, Deputy Clerk, commented that we just had the newspaper clipping of the ad, not the Proof of Publication. Kathy Avirett, Land Acquisition Manager, commented that there was a note in the file that states that she spoke to Ross Macbeth, Board Attorney, on June 25, 2007, and he stated that having a copy of the newspaper article was sufficient for the meeting. Atty. Macbeth commented that they didn’t have the Proof of Publication and he advised them that the newspaper article would be sufficient to have the public hearing. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to adopt the Resolution to vacate the easement as described as, the 10 ft utility and drainage easement lying on the easterly side of Lot 30, Block 282, Placid Lakes, Section 20, less the North 10 ft. thereof as recorded in Plat Book 9, Page 31, of the public records of Highlands County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 43 & Res. Book 20 Page 74. 9. PUBLIC HEARING: Public Hearing to adopt a Resolution to vacate an Easement being

the South 10 feet of Lot 9, Block 16, and the north 10 feet of Lot 10, Block 16, Sebring Country Estates, Section 1, according to the Plat thereof as recorded in Plat Book 6, Page 49, of the Public Records of Highlands County, Florida, less and except the East 20 feet thereof.

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Elius Nortelus, Assistant County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the Resolution to vacate the easement as the south 10 feet of Lot 9, Block 16, and the north 10 feet of Lot 10, Block 16, Sebring Country Estates, Section 1, according to the plat thereof as recorded in Plat Book 6, Page 49, of the public records of Highlands County, Florida, less and except the east 10 feet thereof. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 44 & Res. Book 20 Page 75. 9A. Request approval of a Resolution to vacate that portion of Fred Place of Lake Anoka

Beach Subdivision, according to the Plat thereof as recorded in Plat Book 5, Page 58, of the Public Records of Highlands County, Florida; being more particularly described as follows: Begin at the Southeast corner of Lot 24 of said Subdivision thence run North 89°52’00” West and along the North right-of-way line of Fred Place a distance of 87.60 feet to the Southwest corner of Lot 24; thence run South 00°05’00” East a distance of 50.00 feet; thence South 89°52’00” East and the South right-of-way line of Fred Place a distance of 87.60 feet to the Northeast corner of Lot 28; thence North 00°05’00” West a distance of 50.00 feet to point of beginning.

Elius Nortelus, Assistant County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to adopt the Resolution to close a portion of Fred Place of Lake Anoka Beach Subdivision, according to the plat thereof as recorded in Plat Book 5, Page 58, of the public records of Highlands County, Florida; being more particularly described as follows: begin at the southeast corner of Lot 24 of said subdivision; thence run north 89°52’00’’ west and along the north right-of-way line of Fred Place a distance of 87.60 feet to the southwest corner of Lot 24; thence run south 00°05’00’’ east a distance of 50.00 feet; thence south 89°52’00’’ east along the south right-of-way line of Fred Place a distance of 87.60 feet to the northeast corner of Lot 28; thence north 00°05’00’’ west a distance of 50.00 feet to point of beginning. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 45 & Res. Book 20 Page 76. 10. PUBLIC HEARING: Public Hearing on proposed Zoning Changes and Small Scale Plan Amendments 1A.) HEARING #CPA-07-425LS – ROBERT R. LUCAS AND CAROL HUTCHINSON – C/O

BERT TYLER PARSLEY (THIS ITEM WILL BE TABLED – NO DISCUSSION.) Approximately 15 acres located West of River Greens Golf Course on the South side of Sunpure Road, and abbreviated legal as follows: Located in Sec. 4, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (High Density Residential.)

1B.) HEARING #1894 – ROBERT R. LUCAS AND CAROL HUTCHINSON – C/O BERT TYLER PARSLEY (THIS ITEM WILL BE TABLED – NO DISCUSSION.) Request: A zoning change from AU (Agricultural) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to multiple dwelling units.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been given to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to table to July 24, 2007 at 9:00 a.m. or as soon thereafter as possible in the Board of County Commissioners Chambers. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 46.

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2A.) HEARING #CPA-07-426LS – PLACID ESTATES LLC AND JOSEPH AND SHINY GEORGE – C/O BOGGS & BUTCHER ENGINEERING, LLC Approximately 35 acres located East of Cloverleaf Road at the East end of Pine Ridge Drive, North of Lake June, and abbreviated legal as follows: Located in Sec. 23, Twp. 36S, Rge. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (Low Density Residential.)

2B.) HEARING #1895 - PLACID ESTATES LLC AND JOSEPH AND SHINY GEORGE – C/O BOGGS & BUTCHER ENGINEERING, LLC. Request: A zoning change from AU (Agricultural) to EU (Estate district.) Applicant desires to construct single family dwellings.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been given to the Clerk to become part of the permanent record. Nick Nicholas, representing the applicant, presented his request. Public input was received from Douglas Isenhour. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve for transmittal CPA-07-426LS amending the future land use map for 35 acres from agriculture to low density residential; and to adopt by Resolution P&Z 1895 amending the zoning atlas for 35 acres from AU (Agriculture) to EU (Estate District), referencing the mandatory findings and transmitting CPA-07-426SS to the Florida Department of Community Affairs for the State of Florida compliance determination, and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 47 & Res. Book 20 Page 77. Break 11:30 A.M. – 11:42 A.M. 3A.) HEARING #CPA-07-404LS – SUNRISE UNITED INC.

Approximately 27 acres located behind the Oak Hill Cemetery West of St. John Street and North of U.S. 27 in Lake Placid, and abbreviated legal as follows: Located in Sec. 30, Twp. 36S, Rge. 30E, Highlands County, Florida. Requesting a small scale plan amendment from (Agriculture) to (High Density Residential.)

3B.) HEARING #1898 – SUNRISE UNITED INC. Requesting a zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district) and B-3 (Business district.) Applicant desires to construct assisted living townhouse and assisted living homes.

Jim Polatty, Development Services Director, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to table to July 24, 2007 at 9:00 a.m. or as soon thereafter as possible in the Board of County Commissioners Chambers. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 48. 4A.) NEW BUSINESS: HEARING #CPA-07-428SS – AAM LAND INVESTMENTS, LLC.,

C/O TOD MOWERY AND DON DEARING OF COTLEUR & HEARING, INC. Approximately 10 acres located on the South side of the intersection of Lake June Road and Miller Avenue in Leisure Lakes Subdivision, and legally described as follows: Tract “A” of Leisure Lakes Section One, according to the Plat thereof, recorded in Plat Book 6, Page 6 of the Public Records of Highlands County, Florida, LESS AND EXCEPT the Westerly 415.0 feet thereof. Containing 9.9412 acres more or less. Request: A small scale plan amendment from (Commercial) to (High Density Residential.)

4B.) HEARING #1899 – AAM LAND INVESTMENTS, LLC., C/O TOD MOWERY AND DON DEARING OF COTLEUR & HEARING, INC.

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Request: A zoning change from B-2 (Limited Business district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to construct townhouses.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Tod Mowery, of Cotleur & Hearing, Inc., presented the request. John McClure, representing the applicant, gave a brief power point presentation on their project overview. Rhon Ernest-Jones, representing the applicant, commented on the traffic demand. Larry Zabik, representing the applicant, presented his request. Mr. McClure gave a closing overview of the project. Commissioner Maxcy questioned when this changed to B2. Linda Conrad, Acting Zoning Supervisor, stated that the property has been zoned B2 since 1971. Public input was received from Teresa Pahl, Richard D. Reaney, Jean Reese, Ann Pollard and Bob Graves who spoke in opposition. Jeff Moretto, AAM Land Investment, presented his request. Commissioner Jackson asked how much of the property would be designed commercial. Mr. Polatty addressed his question. Commissioner Stokes commented that it’s well out of proportion for commercial development. Commissioner Jackson commented that there is not enough traffic for commercial development. Commissioner Bates commented that both sides presented their positions well and he would be in favor of approving the request for the development. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve CPA-07-428SS amending the future land use map for 9.68 acres from commercial to high density residential and to approve P&Z 1899 amending the zoning atlas for 9.68 acres from B-2 (Limited Business District) to R-3 FUD (Multiple Family Dwelling District with a flexible unit development), referencing the mandatory findings and transmitting CPA-07-428SS 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, except Commissioner Stokes and Commissioner Maxcy, who voted nay. Motion failed. See SMB 54 Page 49. Lunch Break 1:16 p.m. – 2:30 p.m. 5.) HEARING #1906 - SEBRING AIRPORT AUTHORITY – C/O - ROBERT S. SWAINE

Approximately 85 acres located on the West side of Haywood Taylor Boulevard, between US 98 and Kenilworth Boulevard, and abbreviated legal as follows: Approximately 85 acres located in Secs. 18, Twp. 35S, Rge. 30E, Highlands County, Florida. Request: A zoning change from P (Public and Quasi Public Lands District) to A-1 (Airport District.) Applicant desires the permitted uses in the A-1 zoning district.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt by Resolution P&Z 1906 amending the zoning atlas for 85 acres from no zoning district designation to A-1 (Airport District), referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. See SMB 54 Page 50 & Res. Book 20 Page 78. 6A.) HEARING #CPA-07-434LS – ALEX ZELYONY DBA AVON PARK DEVELOPMENT,

LLC – C/O STEVE SLOAN, P.E. (THIS ITEM WILL BE TABLED – NO DISCUSSION.) Approximately 150 acres located West end of Stryker Road, on the Hardee County Line and abbreviated legal as follows: Located in Sec. 7, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (Low Density Residential.)

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6B.) HEARING #1907 –– ALEX ZELYONY DBA AVON PARK DEVELOPMENT, LLC – C/O STEVE SLOAN, P.E. (THIS ITEM WILL BE TABLED – NO DISCUSSION.) Request: A zoning change from AU (Agricultural) to PD (Planned Development District.) Applicant desires to construct single family and multi-family residential units.

Jim Polatty, Development Services Director, presented the request and advised that the applicant requested to withdraw this request and bring it back to the Board in November. 7.) HEARING #1908 – GUSTAVO CAMPOS-RUIZ AND RUTH LOPEZ-CAMPOS

Approximately ¼ acre lot on the North side of Gloria Street in Town & Country Mobile Estates, South of Avon Park, Florida, and legally described as follows: Lot 8, Town & Country Mobile Estates, P.B. 12, PG. 46, Highlands County, Florida. Request: A zoning change from M-1 (Mobile Home Subdivisions District) to M-1-S (Mobile Home and Residential Subdivisions District.) Applicant desires to construct a single family dwelling.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Gustavo Campos-Ruiz and Ruth Lopez-Campos, the applicants, presented the request. Public input was received from Patricia Forman in support of this issue. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to adopt by Resolution P&Z 1908 requesting to amend the zoning atlas for 0.25 acres from M-1 (Mobile Home Subdivisions District) to M-1-S (Mobile Home and Residential Subdivisions District), referencing the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 51 & Res. Book 20 Page 79. 8.) COUNTY INITIATED - HEARING 1912 – PHILIP S. COSTELLO, ET. AL., AND

SARAH E. COSTELLO-CARNES Approximately .23 acres located on three ¼ acre lots on the North side of Gerber Avenue, between Cosmic Street and Durrance Road, and abbreviated legal as follows: Lot 22, 23, and 24 Block 386, Leisure Lakes Section 17, as recorded in Plat Book 9, Page 15 of the Public records of Highlands County, Florida. Request: A zoning change from R-1 (Residential district) to R-2 (Two-Family Dwelling District.)

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to adopt by Resolution P&Z 1912 amending the zoning atlas for Lots 22, 23 & 24, Block 386, Section 17, Leisure Lakes Estates for approximately 0.69 acres from R-1 (Residential District) to R-2 (Two-Family Dwelling District), referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 52 & Res. Book 20 Page 80. 11. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Board Attorney: Request approval of contract with Expertech Network Installation, Inc. to construct the six-inch (6”) HDPE Natural Gas Pipeline to Sebring Regional Airport contingent on the receipt of funds from Sebring Gas and executed Project, Extension and Pipeline Crossing Agreements contingent on the receipt of funds from Sebring Gas and execution of the Agreements by all parties.

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Ross Macbeth, Board Attorney, presented the request and noted some changes to the agreements. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve contract with Expertech Network Installation, Inc., Project agreement, Extension agreement and the Pipeline Crossing Agreement, contingent upon receiving the letter of credit required by the project agreement in a form acceptable to the County Attorney. Upon roll call, all Commissioners voted aye. Motion carried. See Sebring Regional Airport file.

B. County Administrator: 1. Request approval of Amendments to Contract for Continuing Engineering Services with

Chastain-Skillman. Carl Cool, County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve amendments to contract for continuing engineering services with Chastain-Skillman. Upon roll call, all Commissioners voted aye. Motion carried. See Chastain Skillman file.

2. Update on library of consultants. Carl Cool, County Administrator, gave a brief update on the library of consultants. See SMB 54 Page 53.

3. Approval of the Federal Fiscal year 2007 Edward Byrne Memorial-Justice Assistance Grant Program.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve and execute grant applications for the In-Car Camera Project which will be funded with the Sheriff’s office share of the above funding and to approve and execute letter to FDLE approving the 51% letters for funding allocation to local law enforcement agencies. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 54 Page 54. 12. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: Commissioner Stokes presented the Board with photographs of the

problems at Lake Denton and photographs were entered into the record. See Lake Denton file. Commissioner Bates: Commissioner Bates commented that they are working on getting a

meeting scheduled to discuss the Tomoka Heights and the Lake Placid Growth Management issues. He also announced that the Chief Financial Officer of the State and Cabinet Member will be meeting in Wauchula tomorrow night at 5:30 p.m. at the Hardee County Health Department.

Commissioner Maxcy: No report.

13. CITIZENS NOT ON THE AGENDA No participants. 13. ADJOURN The meeting adjourned at 3:27 P.M.

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REGULAR MEETING OF THE BOARD, JULY 3, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Bates. The Pledge of Allegiance was led by Jack Richie. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings:

July 3 3:00 pm Highlands Soil and Water Conservation District

4509 George Blvd., Conference Room 3, Sebring, Florida

July 9 9:00 am Highlands County Homeowners Association

Sebring Country Estates Club House, 3240 Grand Prix Drive, Sebring, Florida

C. Other meetings: The Lake Placid Growth Management Committee has a meeting scheduled

today at 4:00 p.m. at the Town of Lake Placid Municipal Building located at 311 W. Interlake Blvd., Lake Placid, Florida. The Army Corps of Engineers has a meeting scheduled for July 19, 2007 at 7:00 p.m. at the Agri-Civic Center. The Construction Licensing Enforcement Appeals Board has a meeting scheduled July 3, 2007 at 7:00 p.m. in the Board of County Commission Chambers.

4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits July 3, 2007. General 2,661,967.99 County Transportation Trust 39,809.31 E911 Operations Fund 39.12 Intergovt Radio Communication 673.40 Local Govt Intra Surtax 17,091.76 Tourist Dev Trust Fund 5,525.00 Comm Development Block 146,760.00 Affordable Housing Asst 22,840.32 Hurricane Housing Rec Pro 51,106.56 Sebring Parkway Maint 292.64 Law Library Trust Fund 1,995.57

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Building Fund 169.28 HCISSRB Construction Fund 159.99 Solid Waste 160,293.88 Placid Utilities 9,427.16 Highway Park Utility 1,922.17 Energy Recovery 1,628.24 Risk Retention Fund 3.68 Employee Benefit Fund 1.84 B. Request approval of the minutes of the board meetings dated June 12, and 19, 2007. See

Clerk of Courts website. C. Accept into the record Sebring Airport Authority Financial Statements & Independent

Auditor’s Report Year Ended September 30, 2006. See Sebring Airport Authority file. D. Request approval of a Resolution to establish a Public Hearing for consideration of

closing a portion of Self Street, Valencia Acres. See Res. Book 20 Page 81. E. Request approval of a Resolution to take whatever and all actions necessary to enforce

trespassing laws on lands acquired for their ecological value (Natural Resources Advisory Commission initiated). This item was pulled from the agenda. See Natural Resources Advisory Commission file.

F. Request approval of Consultant Service Authorization (CSA) No. 8680.39 between Chastain Skillman and the Highlands County Board of County Commissioners (HCBCC) and approval of Budget Amendment. The scope of work is to perform a required FDEP Limited Contamination Assessment Report (LCAR) for the County’s Avon Park Fuel Site. See Budget Amendment 2007 file & Chastain Skillman file.

G. Request approval of a Grant-in-Aid Agreement for Hammock Falls, Inc. See Hammock Falls file.

H. Request approval of budget amendment 06-07-202. See Budget Amendment 2007 file. I. Request approval of Resolutions & budget amendments 06-07-208; 209. See Budget

Amendment 2007 file & Res. Book 20 Page 82. 5. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Bert Harris, III, Hospital District Board: Discussion on Hospital District future directions. This item was pulled from the agenda. See Highlands County Hospital District Board file.

B. Mary Wilson, Director of Compliance & Internal Audit, Highlands County Clerk of

Courts: Audit Entity- Risk Summary 2007. Mary Wilson, Director of Compliance & Internal Audit, gave a brief power point presentation on the Audit Entity – Risk Summary 2007. Commissioner Maxcy commented that he would like to discuss Sun N’ Lakes. Carl Cool, County Administrator, commented that this is a Board requested entity and an item that needs to be reviewed and evaluated. Commissioner Maxcy commented that he would like this to be moved up to the top ten to be evaluated. Commissioner Jackson commented that it was a good idea. Commissioner Stewart commented that the request should be that the Clerk apply their analysis and see what numbers are brought back. Bob Jamison, Deputy Clerk, commented that the first step is to have the Clerk authorize the internal audit department to perform a risk analysis and the Clerk is going to consider the staffing, the urgency of the other internal audits and budget restrictions.

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He also commented that it should take a couple of weeks to perform the proper analysis to determine the risks and then report back to the Clerk on those risks and it would then be the Clerk’s decision on whether to include it into the whole audit schedule program. Commissioner Maxcy asked if they wanted to introduce the new employee. Mr. Jamison took the opportunity to introduce Bob Burger as the new internal auditor and also commented that Mary Wilson has been promoted to Director of Compliance & Internal Audit. Commissioner Maxcy instructed staff to prepare a Resolution requesting the Clerk to consider auditing Sun N’ Lakes. See SMB 54 Page 55.

C. Discussion of Rural Land Stewardship consultants. Commissioner Stewart requested Carl Cool, County Administrator, and Ross Macbeth, Board Attorney, to give us an update on the progress. Mr. Cool commented on the progress and stated that a workshop is scheduled next week to discuss all of these issues. Mr. Macbeth commented that there has been no progress and commented on three issues and that they are still working on an agreement. Mr. Cool commented on two issues addressed by the County Attorney and the possibility of requiring a deposit from the landowners. Commissioner Jackson commented that he would like an agreement to be considered and keep the escrow money at a reasonable level. Commissioner Stokes and Commissioner Bates concurred with Commissioner Jackson. Commissioner Stewart commented that the deposit needs to be reasonable. Attorney Macbeth commented the applicants agreed to a deposit in the amount of $75,000.00 which will be placed in an escrow account. Commissioner Stewart commented that the crucial question is whether or not it’s going to require that it covers the cost of employees. Public input was received from Gabriel Read. Break at 10:12 a.m. – 10:22 a.m. Cont’d discussion on Rural Land Stewardship Mr. Cool commented that he would like the Board to give direction to the County Attorney to prepare an agreement reasonable for both sides. Commissioner Jackson commented that he is in agreement with preparing an agreement but not prepared to discuss the amount of the deposit. Alison Megrath, Consultant working with Atlantic Blue on the Rural Land Stewardship application, respectfully requested the Board not to take action on these issues since this was not an item which was advertised on the agenda and they didn’t have the opportunity to have their entire team present to discuss these issues. Commissioner Maxcy commented that he would like to continue discussion next week at the workshop. Public input was received from John Drennan.

D. Discussion of the $25,000.00 homestead exemption for low income seniors

John Drennan, presented the request. Carl Cool, County Administrator, commented on the proposed budget being presented next week. 6. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: Commissioner Stokes commented on the meeting he attended last week

with the Army Corps of Engineers, DEP, Game & Fish and Lakes Manger. Commissioner Bates: No report. Commissioner Stewart: Commissioner Stewart commented on her trip to Canada last week. Commissioner Maxcy: No report.

Carl Cool, County Administrator, reminded the public of the 5K walk at the Highlands Hammock Park tomorrow morning at 7:30 a.m. and the proceeds will benefit the Avon Park Cross Country Team.

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7. CITIZENS NOT ON THE AGENDA John Drennan thanked the Sheriff’s office for assisting him on the trash clean up they provided with the help of the prisoners. See SMB 54 Page 56. Keith Remish commented on the Thunderbird Hill Sewer Facility problem. Carl Cool, County Administrator, commented on a Letter of Intent which was sent and an Interlocal Agreement needs to be prepared. Commissioner Maxcy instructed staff to call the City of Sebring and get a status on the Interlocal Agreement. Alison Megrath requested an outline of items which are going to be discussed at the workshop next week on the issue of Rural Land Stewardship. Carl Cool, County Administrator, commented that she can access the agenda off their webpage which will be available no later than this Friday of this week. She also wanted to know since consent agenda item “E” was removed, is it going to be brought back for approval. Ross Macbeth, Board Attorney, commented that he requested that this item be pulled because he had reservations about what is actually going to be done and required additional work before it’s brought back to the Board for consideration. Commissioner Maxcy requested when this item is brought back for approval that it be placed on the action agenda. Capt. Paul Blackman, from the Highlands County Sheriff’s office, commented that they would like to be involved in the Resolution as to whatever and all actions necessary to enforce trespassing laws on lands acquired for their ecological value. Commissioner Maxcy commented that this was approved sometime ago and instructed staff to get with Capt. Blackman on this issue. 8. ADJOURN The meeting adjourned at 11:30 A.M.

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REGULAR MEETING OF THE BOARD, JULY 10, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ramon Gavarrete, County Engineer. The Pledge of Allegiance was led by Buddy McKenzie. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings: July 10 3:00 p.m. Zoning Board of Adjustment 600 S. Commerce Ave., Sebring, Florida. July 10 3:00 p.m. Planning and Zoning Commission and the Local

Planning Agency 600 S. Commerce Ave., Sebring, Florida.

July 12 1:30 p.m. Code Enforcement Special Magistrate Public Hearings

600 S. Commerce Ave., Sebring, Florida.

July 12 2:00 p.m. Veterans Advisory Board 7205 S. George Blvd., Sebring, Florida. July 12 2:30 p.m. Historic Preservation Commission 501 S. Commerce Ave., Sebring, Florida.

C. Other meetings: Road closing of Commerce Avenue and Highlands Avenue will take place

today for the Sebring Parkway Phase II construction. Registration for the Sebring Heartland Triathlon is opened until Saturday at 4:00 p.m. Audit Committee is meeting July 10, 2007 at 3:00 p.m. in the Conference Room upstairs in the Government Center. See SMB 54 Page 57. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits July 10, 2007. General 989,285.17 County Transportation Trust 16,798.01 E911 Operations Fund 40.21 Conservation Trust Fund 100.00 Local Govt Intra Surtax 2,579.59 Tourist Dev Trust Fund 11,639.76 Comm Development Block 15,840.00 Affordable Housing Asst 9,623.45 Hurricane Housing Rec Pro 17,732.80 Sebring Parkway Maint 100.00

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Court Tech 28.24912) (E)1 312.25 Impact Fee Libraries 54.36 Highway Park Utility 4.23 Building Fund 965.28 HCISSRB Construction Fund 245,382.50 Solid Waste 2,955.93 Placid Utilities 36.07 Risk Retention Fund 150.83

Employee Benefit Fund 12.00 Tax Deed Surplus Fund 8,054.35

B. Request approval of FY 2006-07 contract between the Highlands County Board of County

Commissioners and Department of Health for operation of the Highlands County Health Department. See SMB 55 Page 1.

C. Request approval to waive fees for a variance. See SMB 55 Page 2. D. Request approval to authorize staff to prepare an application for a Habitat Conservation

Plan (HCP) Grant. See SMB 55 Page 3. E. Request approval of budget amendment 06-07-216. See Budget Amendment 2007 file. F. Request approval of Resolutions & budget amendments 06-07-210; 215; 218. See SMB 55

Page 4, Res. Book 20 Page 83 & Budget Amendment 2007 file. 5. WORKSHOP: Rural Land Stewardship

A. Status report from the Department of Community Affairs (DCA). Jim Polatty, Development Services Director, gave a brief presentation and announced to the public a meeting which will be held at the USF Campus in Lakeland on July 19, 2007 at 10:00 a.m. in the Technology Building Auditorium. The Department of Community Affairs will be there to discuss how to govern Rural Land Stewardship. Commissioner Stewart commented that she would like clarification on the review time and the necessity of a work program. Carl Cool, County Administration, addressed her comments and gave his outlook of a work program. Commissioner Stewart commented that she disagreed with that approach and commented on the necessity of a work program. Ramon Gavarrete, County Engineer, gave his understanding of the review process. Ross Macbeth, County Attorney, commented on the importance of the pre-application process. Mike Morton, from Lykes Brothers, commented that they are ready to move ahead. Allison Megrath, Planning Solutions representing Atlantic Blue, commented that they are also ready to work through the pre-application process. Brian Sodt, Independent Contractor for the Central Florida Regional Planning Council, commented on the Developmental Regional Impact and the pre-application process. Ms. Megrath clarified to the Board that they are only applying for a comprehensive plan overlay and this is not the appropriate time for the Developmental Regional Impact process. Commissioner Maxcy suggested in moving to the next item for discussion. See SMB 55 Page 5.

B. Report on draft of Agreement with landowners. Ross Macbeth, Board Attorney, commented on the revisions on the contracts with the landowners. Lisa Jensen, of Atlantic Blue Group, Inc., commented that they have a concern in entering in an agreement where they have to pay government employees for work since they are taxpayers. Mark Morton, of Atlantic Blue Group, Inc, commented on the pre-application process and the hiring of consultants in Glades County. Commissioner Maxcy commented on the importance of hiring consultants. Ms. Jensen commented on the application fees. Commissioner Maxcy instructed staff to get together with the land owners to prepare an agreement or one will be made for them to consider. Commissioner Jackson commented the need for flexibility in the contract to be able to walk away from it since there is so

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much unknown. Commissioner Bates commented on the need for a coordinator to assist in hiring of consultants. Jim Polatty, Development Services Director, commented that they propose to hire a part-time person to coordinate the first couple of months. Commissioner Stewart commented that she would like the Board Attorney and the applicants to work together on an agreement. Public input was received from John Tallent and Gabriel Read. Commissioner Maxcy suggested in moving to the next item for discussion. See SMB 55 Page 6.

C. Report on status of negotiations with consultants. Carl Cool, County Administrator, presented the Board with a list of consultants for their review to assist in the Rural Land Stewardship program. Commissioner Maxcy commented that he would like to discuss the timeline of hiring consultants. Commissioner Bates questioned if all the consultants were on this list. Jim Polatty, Development Services Director, addressed his question. Commissioner Stewart commented that she would like something brought back to the Board on the hiring of a coordinator. Commissioner Maxcy instructed staff to work on negotiating with the hiring consultants and bring it back to the Board for review. See SMB 55 Page 7.

D. Recommended directions from county staff. Carl Cool, County Administrator, commented on the importance of discussing the Developmental Regional Impact. Commissioner Maxcy questioned if the Developmental Regional Impact is required by the Department of Community Affairs. Mr. Cool commented that he would like the Board to listen to what the Development Regional Impact means and what does it do. Commissioner Stewart commented that she would like an explanation on what the difference is with a (CPA) Comprehensive Plan Amendment and the sending and receiving process and is there any type of intergovernmental coordination efforts included in the Development Regional Impact process that can be utilized with the (CPA) Comprehensive Plan Amendment. Mark Morton, of Lykes Brothers, addressed her comment. Brian Sodt, Independent Contractor for the Central Florida Regional Planning Council, commented on the benefits of the Development Regional Impact process. Jim Polatty, Development Services Director, gave a power point presentation on the Department of Community Affairs explanation on Developmental Regional Impact. Mr. Sodt commented on the difficult issues to deal with in a Developmental Regional Impact. Commissioner Stokes commented on his concern on the lands and properties in the county. Mr. Cool commented that they are hoping to receive a response from the Department of Community Affairs and he will present it back to the Board for their review. Public input was received from Ruth Handley and John Drennan. 6. ACTION: County Administrator: Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried. Break 11:21 A.M. – 11:35 A.M.

A. Request approval of a proposed Resolution regarding Sun ‘n Lake Improvement District. Carl Cool, County Administrator, presented the request. Al Grieshaber, Jr., General Manager of Sun ‘N Lake District, commented that they have had administrative issues in the past but are unaware of any legal issues other than the standard. Commissioner Maxcy commented that they made the recommendation for an internal audit. Mr. Grieshaber commented that they are willing to cooperate fully. Commissioner Bates questioned on who received a copy of the last audit they had. Mr. Greishaber commented that anyone who wished to have a copy can receive one and it was distributed to the attorney of the representative who made the allegations. Commissioner Bates requested a copy of that audit for Board review. Mr. Greishaber commented that he would give Mr. Cool a copy.

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Commissioner Maxcy questioned why that audit was performed. Mr. Greishaber commented that it was on travel expenses. Commissioner Maxcy commented that this internal audit would cover everything. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to adopt the Resolution. Commissioner Stewart commented that this Resolution is requesting the Clerk to do this and it’s up to them to fit it into their schedule. Commissioner Maxcy commented that the Clerk’s office needs to do an analysis to see where it fits in their schedule. Commissioner Bates questioned when would the audit be expected to occur and if there is an urgent need for this audit, is there another way to have an outside agency conduct it. Commissioner Maxcy commented that the county would have to pay for it. Commissioner Bates questioned if the Sun ‘N Lake District had funds to have this done. Commissioner Maxcy commented that he would like Mr. Greishaber to make a note that they are asking the Board of Supervisors to provide an internal audit to the Board of County Commissioners and pay for it. Mr. Greishaber commented that they would have to find an audit firm on the county’s list to perform an internal audit and find out the cost and then fund it. Commissioner Jackson asked how long it would take the Clerk to determine if this was a priority. Bob Jamison, Deputy Clerk, commented that the risk assessment would take from 1 to 3 weeks and other factors have to be considered, such as, staff, cut backs in the budget and other priorities. Commissioner Maxcy commented that this audit needs to be performed and placed on a high priority list and requested Mr. Greishaber to ask the Board of Supervisors if they would fund an internal audit. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 84. Lunch Break 11:57 A.M. – 12:50 P.M.

B. Presentation on Proposed 07-08 Budget. Carl Cool, County Administrator, presented the request and commented on the reduction of the millage from 8 ½ mills down to 7.3562 mills and feels the budget meets the boards goals and objectives. Bernis Gainer, OMB Director, presented a power point presentation on the recap of the budget cycle timeline, economic indicators, impact of legislation, overall view of the budget, examination of the major funds, compensation issues, undecided issues, agency funding and a final recap on pending legislation. Mr. Gainer commented that he still hasn’t had confirmation from the Clerk of Courts on whether they are accepting or willing to proceed. Mr. Cool commented that he spoke to Bob Jamison, Deputy Clerk, and the Clerk does not agree with the proposed budget. Mr. Gainer commented that he had this same concern from the Property Appraiser and proceeded to advise the Board on the cuts they had to make under agency funding. Commissioner Maxcy commented that he would like to know where the definition is for non-essential and essential items because some items under agency funding he deems to be essential. Commissioner Stewart commented that she would like to have a workshop setup to go over these items in detail. Mr. Cool commented that all these agencies provide very important needs for Highlands County and funding for these agencies is optional and not mandated by the state. Commissioner Maxcy commented that the Board needs to look at these agencies very closely. Commissioner Stewart commented that she would like to hear from the health department on how they are going to be impacted if their budget is cut to zero since the facility takes care of residents of Highlands County. Commissioner Maxcy commented that other areas need to be looked at for cut backs. Commissioner Jackson commented that one of the goals for the budget workshop was suppose to be priorities and questioned how much contingency they are going to remain with. Mr. Gainer questioned from which fund. Commissioner Jackson stated on the budget that we control and how much has been spent from contingency funds in the last five years. Mr. Cool addressed his concerns. Commissioner Maxcy commented that is a good item to discuss at the workshop. Mr. Cool commented on the Board thinking about creating an assessment district and propose a flat rate proposal. Commissioner Stewart commented that they all need to take a hard look at the budget and perhaps look at policies that need to be changed. Commissioner Bates commented that he would not have a problem

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with creating a district but he would have a problem voting for assessments. Commissioner Stokes commented that he wants to concentrate on the budget. Commissioner Jackson commented that he didn’t have any problem with the concept of districts but he can’t say he would be in favor of assessments. Commissioner Stewart commented that it’s premature to discuss other issues and everyone needs to concentrate on making the budget work. Ross Macbeth, Board Attorney, commented that budget amounts for legal services has been unchanged from last year and legal services are going to be greater than last year both in the general services and litigation. Commissioner Maxcy commented that this issue needs to be discussed at the workshop. Sheriff Susan Benton questioned why the numbers were different in Mr. Gainer’s presentation and the current Capital Financial Strategy. Tim Mechling, Budget Manager, addressed her concern. Commissioner Stewart commented that she would like to setup an emergency workshop this upcoming Thursday, July 12, 2007. Ross Macbeth, Board Attorney, commented that it was not sufficient time to have it advertised. Commissioner Stewart suggested Friday, Saturday or Monday. Commissioner Maxcy commented that the budget workshop has been scheduled for Monday, July 16, 2007 at 9:00 a.m. See Budget file.

C. Presentation on reorganization proposals. Carl Cool, County Administrator, presented the request. John Minor, Human Resources Director, presented this request and went over the proposed organizational chart. Commissioner Maxcy commented that increasing efficiency is a good thing as long as it doesn’t cost more. Commissioner Stokes commented that he would like to take the Veteran’s office out from under Human Services and put them out on there own. Commissioner Jackson commented that he would like to restructure the organizational chart. Commissioner Stewart questioned if there was a need for an assistant county administrator. Commissioner Bates commented that the next time he see’s this chart he would like to have some dollars and numbers beside each block to see how many people are involved in each of the divisions and some estimate on the number of dollars that it takes to run that particular division. Commissioner Maxcy instructed staff to take into consideration all their comments and put something together and bring it back to the Board. Commissioner Stewart commented that maybe they need to take a look at the four day work week for administration. Commissioner Maxcy commented that he would also like staff to come back in a couple of months with a timeline on his (Mr. Cool’s) retirement and start getting ready for the transition of another county administrator. Public input was received from Jack Richie. See SMB 55 Page 8. 7. CITIZENS NOT ON THE AGENDA John Drennan commented on flat rate tax proposal and he asked if all the people who are hired by the county were legally documented to work. Commissioner Maxcy instructed staff to talk to Mr. Drennan after the meeting. Bobby Bean provided the Board with a pamphlet which gave a brief scenario of what he called “shattered dreams” as it relates to an incident which occurred to his 14 year-old son at the Sebring Middle School. Commissioner Maxcy commented that they would try and find out what they can about this incident. See SMB 55 Page 9. 8. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Stewart: Commissioner Stewart commented that she wanted to clarify that she is

Chairman of the local coordinating Board of the Transportation Disadvantaged Program for Highlands County and serves as a voting member on the Regional Planning Council.

Commissioner Bates: No report.

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Commissioner Maxcy: No report. 9. ADJOURN: The meeting adjourned at 2:56 P.M.

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REGULAR MEETING OF THE BOARD, JULY 16, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Rick Helms Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Maxcy. The Pledge of Allegiance was led by Bernis Gainer, OMB Director. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings:

July 16 6:30 pm Highway Park Neighborhood Preservation & Enhancement District Council meeting

New Life Assembly Church, 114 Cloverleaf Street, Lake Placid, Florida.

July 17 9:00 am Highlands County Board of County Commissioners

600 S. Commerce Ave., Sebring, Florida.

C. Other meetings: No other meetings.

4. WORKSHOP: Workshop on proposed 07-08 Budget. Commissioner Maxcy commented that he would like all Commissioners to comment on areas that they would like to look at, and at the end of the meeting, consensus will be taken and direction will be given to staff. Commissioner Stewart commented that she would like to look at the following: focus on retaining employees, maintain service to public, increases in salary, cap on salary increases, eliminate the Pride Program, look at longevity pay, hold EMS harmless of longevity pay, travel and per diem pay, membership and association dues, county calendar, office equipment, four day work week, renting and leasing equipment and county vehicles, self check-out machine for the libraries, overtime paid to the network administrator at the library in the amount of $15,000.00, travel and education for libraries, eliminate Historic Preservation under Central Services and eliminate travel and training for all County Commissioners. Commissioner Bates commented that the budget met the mandated requirements and he would like the Safehouse to be held in the hold-harmless category, and restore the Health Department budget. Commissioner Jackson commented he would like Economic Development to be held in the hold- harmless category and concurred with Commissioner Bates on the outside agencies. He also

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commented that he would like to look at the legal expenses and consider in-house counsel and he concurred with Commissioners Bates and Stewart on restoring the funds to the Health Department. Commissioner Stokes commented that he would like to restore funds to the Safehouse. Commissioner Maxcy commented that he would like to look at the reorganization chart to see if that will save the county money, look hard at the four day work week, review the library of consultants, lower energy costs to the county by raising thermostats to 76 degrees, enlist our seniors as volunteers to help eliminate overtime, discuss the asphalt plant, leasing and purchasing equipment and vehicles for the county, alternative fuel source, travel and per diem to Commissioners, and he would like to restore funds to other agencies since they are essential items to the county. He also questioned the amount of contingency. Bernis Gainer, OMB Director, commented that the reserve for contingency for Fund 5 is 2 million. Commissioner Bates questioned if there was contingency in other cost centers. Mr. Gainer commented that they have $32,000.00 in the Transportation Trust Fund and half a million in the Infrastructure. Commissioner Maxcy questioned if the Board was agreeable to the reduction of contingencies. Commissioner Bates, Commissioner Maxcy, Commissioner Jackson and Commissioner Stewart were in favor of reducing contingencies. Commissioner Stokes was not in favor. Commissioner Maxcy questioned how the Board felt about pay raises, elimination of the Pride Program, longevity pay and holding EMS harmless. Commissioner Maxcy commented that he would like to learn more about the longevity program. Commissioner Jackson commented that he was not agreeable to holding EMS harmless because this might cause problems within the departments if other departments are given special exceptions and would like to look at a 3% - 3.5% raises instead of a 4% increase. Mr. Gainer commented that he would like to point out that many of the other constitutional officers are in agreement with the 4% increase. Commissioner Maxcy commented that he would like to know the numbers that the county would save on a 3% increase versus a 4% increase. Tim Mechling, Budget Manager, commented that a 1% decrease would be approximately a $175,000.00 savings to the County. Commissioner Stokes commented that the balanced budget already has the 4% increase and should stay at 4%. Commissioner Bates and Commissioner Maxcy were in favor of leaving it at 4%. Commissioner Jackson and Commissioner Stewart were not in favor. Commissioner Stewart commented that the next item she would like to discuss is capping increases out at $2000.00. All Commissioners were in agreement with the cap. Commissioner Stewart questioned how the Commissioners felt about longevity. Commissioner Jackson commented that he would like to learn more about it. Commissioner Maxcy and Commissioner Stokes commented that they would also like to learn more about it before they make any decision on this item. Rick Helms, Assistant County Administrator, commented that bringing it back to the Board would be a good idea because there are some misconceptions on how longevity is calculated. Commissioner Stewart also requested a list of employees that still receive this. Mr. Helms commented he would bring this back to the Board. Commissioner Stewart questioned how the Commission felt about eliminating the Pride Program. Commissioner Jackson commented that he would like to leave it in. Commissioner Stokes and Commissioner Maxcy concurred with Commissioner Jackson.

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Commissioner Maxcy commented that he would like to discuss the county calendar and the cost. Tim Mechling, Budget Manager, stated that the cost of the county calendar is $30,000.00. Commissioner Stokes commented that it’s up to the Recycling Department on whether or not they want this item to come out of their budget. Commissioner Maxcy commented that he would like to leave this decision up to the Recycling Department to make this determination. Commissioner Maxcy commented that the next item for discussion was the funding for the Christmas float. Commissioner Stewart commented that there are other ways to participate in the parade. Commissioner Maxcy commented that this is a morale issue and the employees look forward to this every year. Commissioner Jackson commented that staff needs to look at leaving the float in and balance the budget. Commissioner Stokes and Commissioner Maxcy concurred with Commissioner Jackson. Commissioner Bates commented that the next item for discussion would be out-of-state travel and this needs to be controlled, managed and not taken away. Commissioner Maxcy commented that he wants to represent the county well and travel to all necessary locations. Commissioner Stewart commented that she would like the Commission to direct Carl Cool, County Administrator, to go back and meet with his departments and address this issue. Commissioner Bates concurred with Commissioner Stewart. Commissioner Jackson commented that he didn’t want their budget to increase this year. Commissioner Stewart commented that she would be agreeable to not increasing their budget. Commissioner Stokes commented that he was not in agreement to cutting their budget and requested to keep it the same. Commissioner Maxcy commented that the consensus of the Board is to keep it the same. Break 11:00 A.M. – 11:12 A.M. Continued discussion of workshop on proposed 07-08 Budget Commissioner Maxcy commented that the next item for discussion is restoring monies to the following agencies: Health Department, EDC/IDA, ARC, NuHope, Safehouse, Boys & Girls Club, etc. Commissioner Jackson commented that he was in agreement in restoring the monies these agencies had last year. Commissioner Stewart commented that she would be in agreement and the consensus of the Board was to restore these monies. Commissioner Stewart commented that the Board needs to recognize that the County is spending over a million dollars for Economic Development through the airports and the Sebring International Raceway and recommended staff to look at the budget. Commissioner Jackson concurred with Commissioner Stewart and asked staff to look at it. Commissioner Stewart commented that she would like to send Carl Cool, County Administrator, a message to take a hard look at all the new computers and scanners and look at sharing equipment. Commissioner Maxcy commented that the laptops are tools in which he or she can conduct business when out of the office. Rick Helms, Assistant County Administrator, commented that they would certainly take a look at this and report back to the Board and commented that they are looking at going to a centralized imaging system for the Board of County Commissioners. Commissioner Stewart commented that she would like to discuss the cost of equipment. Rick Helms, Assistant County Administrator, commented that all equipment, which is purchased by the Board of County Commissioners, goes out for competitive bids. Commissioner Maxcy commented that the Board will be scrutinizing cost of equipment purchases this coming year.

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Commissioner Stewart commented that she would like Carl Cool, County Administrator, to look into hiring temporary seasonal help back into the Avon Park Library and at least one new self check-out machine per library, but utilize the money within the budget by reallocating it and she also requested to have the budget staff get with the library staff to help them manage those facilities and the budget. Rick Helms, Assistant County Administrator, questioned if they were looking at transferring more money to the Avon Park Library. Commissioner Stewart commented that this may be necessary. Mr. Helms questioned if this would reduce the amount allocated for the Sebring and Lake Placid Libraries. Commissioner Stewart commented yes and that this was a management issue and requested that staff and Mr. Cool meet with the head of the library to see if a more efficient and equitable budget can be set up. Commissioner Maxcy commented that their management decisions need to be brought back to the Board so the Board can make the ultimate decision. Commissioner Stewart commented that she also wants to know why the network administrator is not non-exempt from overtime and why there is $15,000.00 put in for him. Commissioner Maxcy commented he would like staff to get an explanation to this and bring it back to the Board. Mr. Helms asked if this needed to be addressed on an individual basis or at the Board of County Commissioners meeting. Commissioner Maxcy advised him to report back to the Board of County Commissioners. Commissioner Stewart commented that there are other issues, such as listing insurance for four employees when only three employees are listed. Mr. Helms commented that there will be a significant amount of clean up on the budget between now and the public hearing. Commissioner Stewart commented that she would like to have another workshop to hear the results of all of these issues before the public hearings. Commissioner Stewart commented that she would like staff to also get back with the Board on the Sports Complex operation budget. Commissioner Stewart commented that she would like to discuss the issue of the budget for the Board Attorney. Tim Mechling, Budget Manager, commented that the budget was set at the current year levels. Commissioner Jackson commented that the budget is going to need a substantial increase to make it through the end of the year. Mr. Mechling commented on the increase. Ross Macbeth, Board Attorney, commented that the budget is more this year than last year due to litigation services being up more this year. Commissioner Jackson commented that a point has been reached due to the budget to consider in-house counsel to do part of the work to help reduce costs. Commissioner Stokes concurred with Commissioner Jackson. Commissioner Maxcy commented that the litigation bill is very high and it needs to be discussed. Commissioner Bates commented that it’s going to be hard to have a budget at the same level without fluctuations due to the litigation costs. Commissioner Maxcy instructed Ross Macbeth, Board Attorney, to come up with ideas and bring it back to the Board. Tim Mechling, Budget Manager, requested clarification on the amount that is being restored to the outside agencies. Commissioner Maxcy advised that it’s to the current year level. Rick Helms, Assistant County Administrator, commented they are restoring $300,000.00 to the Health Department. Mr. Helms wanted to remind the Commission that the millage rate will need to be certified prior to August 4, 2007 and will be on the July 24, 2007 agenda for approval. Commissioner Maxcy commented that this would conclude discussion of the budget and opened the floor to the public. Public input was received from Mary Riley who thanked the Commission for restoring funds to the Sebring Safehouse. See SMB 55 Page 10. 5. WORKSHOP: Workshop to discuss reorganization proposals. John Minor, Director of Human Resources, presented the request and provided the Board with a new chart for their review. Commissioner Stewart questioned if there are any senior level positions that

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Carl Cool, County Administrator, intends to eliminate in order to help fund this since she has heard of several and has major concerns over one of them. Commissioner Bates commented the question should be how long is this going to take to implement and does the Board want to take this direction. Commissioner Stewart questioned if the Director of Zoning is being eliminated and is that department being gutted. Mr. Minor commented that he can’t answer that but can advise that the supervisor position in zoning is currently vacant and is not being eliminated. Commissioner Jackson asked if this is going to cost the County more money. Rick Helms, Assistant County Administrator, commented that they will do a cost estimate and bring it back to the Board. Commissioner Maxcy opened the floor to the public. Public input was received by Elizabeth Waddell of the Veterans Council, who commented that they are very happy to see that the Veterans Services has been placed under the Administration column in the chart. See SMB 55 Page 11. 6. COMMISSIONERS:

Commissioner Stewart: No report. Commissioner Bates: No report. Commissioner Stokes: No report. Commissioner Jackson: No report. Commissioner Maxcy: No report.

7. ADJOURN The meeting adjourned at 12:31 P.M.

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REGULAR MEETING OF THE BOARD, JULY 17, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Rick Helms Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Maxcy. The Pledge of Allegiance was led by Commissioner Jackson. 3. ANNOUNCEMENTS

A. Clerk Pam Cross, Finance Officer for L.E., “Luke” Brooker, presented a report of the Weekly Report of Court Services for the week ending July 13, 2007 and a report of Jury Trial Week for the month of July as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 55 Page 12.

B. Upcoming County Meetings:

July 18 8:00 a.m. HC Enterprise Zone Development Agency/Champion Community Board

2113 US Hwy. 27 S., Sebring, Florida

July 18 10:00 a.m. E-911 Communication Committee Desoto City Fire Station 19, 6800 W. George Blvd., Sebring, Florida

July 18 2:00 p.m. HC Housing Advisory Committee 4509 George Blvd., Conference Room #2, Sebring, Florida

July 19 9:00 a.m. Keep Highlands County Beautiful, Inc., Board of Directors

Sebring Chamber of Commerce, 227 US Hwy., 27 N., Sebring, Florida

July 23 8:45 a.m. HC Housing Authority 2300 Hope Circle, Sebring, Florida

C. Other meetings: The Water Management and Army Corps of Engineers are having a meeting on Thursday, July 19, 2007 at the Agri-Civic Center from 7:00 p.m. – 9:00 p.m. to discuss the replacement of structures in Highlands County. Rick Helms, Assistant County Administrator, presented the Board with a slide show of photos of the progress of the construction of the Sebring Parkway Phase II. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits July 17, 2007. General 928,031.75 County Transportation Trust 73,341.42 Intergovt Radio Communication 10,716.39 Local Govt Intra Surtax 118,498.22 Tourist Dev Trust Fund 327.19

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Comm Development Block 15,840.00 Hurricane Housing Rec Pro 17,659.36 Sebring Parkway Maint 300.00 Highway Park Utility 106.77 Building Fund 1,394.90 Solid Waste 28,759.04 Placid Utilities 3,544.24 Employee Benefit Fund 3,471.30

Tax Deed Surplus Fund 11,278.56 B. Request approval of board meeting minutes of June 26, 2007. See Clerk of Courts website. C. Request approval of a Satisfaction of Lien on Case Number CE 05060199, 101 Atterberry

Drive, Sebring, Florida. See Subdivision file. D. Request approval of Notice of Nuisance on Case Number CE 07020022, 130 Anderson

Street, Lake Placid, Florida. See Subdivision file. E. Request approval of Notice of Nuisance on Case Number CE 06110231, 148 Anderson

Street, Lake Placid, Florida. See Subdivision file. F. Request approval of a Quit Claim Deed, Florida Department of Revenue Form DR-219

and Disclosure Statement from Lucian Popescu and Bonita Popescu. See County Deed file, SMB 55 Page 14 and July 24, 2007 Board Minutes.

G. Request approval of a Quit Claim Deed, Florida Department of Revenue Form DR-219 and Disclosure Statement from Roy Dewayne Lemler and Marilyn D. Lemler. See County Deed file.

H. Request approval to accept the maintenance agreement and security and to accept and record the Warranty Deed dedicating road right-of-way for Lake Byrd Shores. See Lake Byrd file.

I. Request approval of signing temporary Construction Easement from South Central Florida Express, Inc. (SCFE), a wholly-owned subsidiary of United States Sugar Corporation (U.S. Sugar), for construction of the new Intersection of S. Commerce Avenue and S. Highlands Avenue for Sebring Parkway Phase II Project #01101. See Sebring Parkway Phase II file.

J. Request approval of the Plat Recordation of Schumacher Road Business Park, Section 16, Township 34 South Range 28 East. See SMB 55 Page 13.

K. Request approval of a Resolution imposing 50 cents per month per line 911 fee. See Res. Book 20 Page 85.

L. Request approval of budget amendment 06-07-220. See Budget Amendment 2007 file. M. Request approval of Resolutions & budget amendments 06-07-219; 221; 222. See Budget

Amendment 2007 file & Res. Book 20 Page 86. 5. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Assistant County Administrator: Request approval of budget amendment 06-07-223 decreasing fund 005 Reserve for Contingency.

Rick Helms, Assistant County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve budget amendment 06-07-223. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file.

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B. Request approval of budget amendment 06-07-226 for the Smartcops project. Rick Helms, Assistant County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve budget amendment 06-07-226. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file. 6. CITIZENS NOT ON THE AGENDA Kenneth Melvin commented on the Volunteer Citizens Committee which was discussed yesterday at the budget workshop. Commissioner Bates welcomed his comments. Commissioner Maxcy asked staff to meet with Mr. Melvin after the meeting. 7. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Stewart: Commissioner Stewart commented that two items were brought up

yesterday at the budget workshop which a consensus was not reached on how to proceed on the work study program and she suggested only keeping the senior citizen portion of that and eliminate the portion where students are hired and establish a relationship with the local colleges and have students serve as free interns. Rick Helms, Assistant County Administrator, stated that they need to take a look at those departments that have previously benefited from the work study program and how they will be impacted. Commissioner Stewart asked if staff could evaluate this and get back with the Commission. Also, she wanted a consensus from the Board on the Historic Preservation and she pointed out to the Board that the money for the Historic Preservation is in three different cost centers and the dues are in central services and suggested to continue the support in Historic Preservation but take a look at how much is required to pay for state and national dues and eliminate the other cost associated with Historic Preservation. Commissioner Maxcy commented that he would like to have staff look at it to make sure that they are paying the correct amount for dues and subscriptions. Mr. Helms questioned if it would be appropriate to have representatives from the Historic Preservation Commission present to address concerns about funds. Commissioner Maxcy commented that the Historic Preservation Commission needs to do a presentation at the next budget workshop.

Commissioner Bates: Commissioner Bates commented that the four day work week was mentioned a couple times and nothing has been done about it and he feels that this is a disservice to the employees and would like to go to a five day work week commencing October 1, 2007 and by April 1st go to the mid-level managers and convert them back to a five day work week and any decisions beyond that should be left up to the department heads and the division directors. He also commented that he believes this issue needs to be discussed formally and take a position on it. Commissioner Maxcy commented that he thought staff was instructed yesterday to reexamine the four day work week and supports it. Commissioner Stokes commented that in the past the four day work week has been working well. Commissioner Bates commented that the County may be better served on a five day work week and discuss it formally and make a decision. Commissioner Maxcy instructed staff to pull the cost saving report that was done on the four day work week and have that presented to the Board at the next budget workshop meeting.

Commissioner Maxcy: No report. 8. ADJOURN The meeting adjourned at 9:56 A.M.

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REGULAR MEETING OF THE BOARD, JULY 24, 2007 & JOINT MEETING WITH THE TOWN OF LAKE PLACID TOWN COUNCIL & LAKE PLACID

GROWTH MANAGEMENT COMMITTEE

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Andrew Jackson Bob Jamison Don Bates Pam Cross J. Ross Macbeth Antonia Rivera

Commissioner Stewart and Commissioner Stokes were absent from the meeting.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ross Macbeth, Board Attorney. The Pledge of Allegiance was led by Arlene Tuck. 3. Request consideration of Public Hearing CPA-07-441LS Lake Placid Vision Plan. A

conceptual plan backed by cited development principles and regulations for the greater Lake Placid Area that encompasses a significant portion of the unincorporated areas of the county.

Bert Harris, Attorney for the Town of Lake Placid, commented that they were still waiting for Mr. Brantley and suggested that the County Commissioner proceed with the Regular Meeting and they will call their meeting to order whenever they get a quorum. Ross Macbeth, Board Attorney, commented to proceed with the regular meeting until they are ready to begin. Commissioner Maxcy called the regular meeting to order at 9:05 A.M. and the Pledge and Invocation have already been performed. 4. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings:

July 25 8:00 a.m. Local Mitigation Strategy Working Group

600 S. Commerce Ave., #251, Sebring, Florida

July 25 4:00 pm Natural Resources Advisory Commission

Engineer’s Training room, 501 S. Commerce Ave., Sebring, Florida

July 26 2:30 pm Recreation & Parks Advisory Committee

505 S. Commerce Ave., #213, Sebring, Florida

July 30 8:30 am HC Lake Assoc. Tourist Tax Projects Committee

Purchasing Conference room, 4344 George Blvd., Sebring, Florida

July 31 No meeting of the Highlands County Board of County Commissioners – fifth Tuesday of the month

C. Other meetings: The South Florida Water Management District Governing Board has been

invited to come and have a work shop meeting here in Board of County Commissioner Chambers on Wednesday, May 14, 2008.

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D. CONSENT AGENDA:

Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all dully authorized bills and employee benefits July 24,

2007. General 180,005.88 County Transportation Trust 22,284.94 Legal Aid 3,598.82 Local Govt Intra Surtax 202,152.75 Tourist Dev Trust Fund 1,771.75 Affordable Housing Asst 23,651.76 Hurricane Housing Rec Pro 410.48 Sebring Parkway Maint 850.00 Court Tech 28.249 (12) (E)1 80.00 Highway Park Utility 1,832.80 Building Fund 2,491.88 HCISSRB Construction Fund 1,200.15 Solid Waste 25,708.63 Placid Utilities 5,076.74 Risk Retention Fund 2.52

Employee Benefit Fund 2.03 Tax Deed Surplus Fund 15,988.22

Law Library Trust Fund 2,170.39 B. Request approval of Board meeting minutes of July 3, and 10, 2007. See Clerk of Courts

website. C. County Engineer: Request approval of both FDOT Small County Outreach Program

Agreement #4223651 58 01 for resurfacing or reconstructing of CR 17 A, Martin Luther King Blvd. (formerly Highlands Avenue) from South of Sheriff’s Tower Road to Arbuckle Creek Road South, and also Agreement #4223661 58 01 for resurfacing or reconstruction of CR 621 from the Highlands County Unit 3 Maintenance Barn to the 90 degree curve. See Florida Department of Transportation file, Res. Book 20 Page 87, Res. Book 20 Page 88 & SMB 55 Page 15.

D. Request approval of NCT Group Contract. See NCT Group CPA file & SMB 55 Page 16. E. Request approval to waive the rental fee at the Agri-Civic Center Auditorium for “Kids

Day America”. See SMB 55 Page 17. F. Request approval of a Satisfaction of Lien on Case Number CE 06040011, 4637 Cadagua

Drive, Sebring, Florida. See Subdivision file. G. Request approval of a Notice of Nuisance on Case Number CE 07010160, 131 Blue Fish

Drive, Sebring, Florida. See Subdivision file. H. Request approval of Placid Utilities Advisory Committee recommendation to accept the

resignation of Dana Hurlbut from the committee, and name Brantley Christian of Cloverleaf Road to be a voting member of the committee. See SMB 55 Page 18.

I. Request approval of the 2007 candidates for the FDOT 2009/2013 Work Program as submitted. See SMB 55 Page 19.

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J. Request approval of six Satisfaction of Mortgages as per attached list. See Satisfaction of Mortgage file.

K. Request approval of Sebring Parkway Phase II, Highlands County Project No’s. 01101, 01101A & 01101B Stipulation of parties for the opening of Sebring Parkway Highway-Rail Grade Crossing; the removal of Center Avenue Rail Crossing, closure of Martin Luther King Boulevard Rail Crossing (formerly Highlands Avenue Rail Crossing), closure of Sheriff’s Tower Road Rail Crossing, and relocation of South Commerce Avenue Rail Crossing, City of Sebring, Highlands County, Florida. See SMB 55 Page 20 & Sebring Parkway Phase II file.

L. Request approval of budget amendments 06-07-205; 227; 230; 232. See Budget Amendment 2007 file & SMB 55 Page 21.

M. Request approval of budget amendment 06-07-224 & approval of Payment of Invoice without Purchase Order for Court Smart Digital Recording Annual Maintenance from August 2005 to June 2006. See Budget Amendment 2007 file & SMB 55 Page 22.

5. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

1. County Administrator: Request for Certification of Millage Rate. Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the millage at 7.3625. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 55 Page 23. Cont’d Joint Meeting with the Town of Lake Placid Town Council & Lake Placid Growth Management Committee Bert Harris, Attorney for the Town of Lake Placid, called the Joint Meeting to order at 9:14 A.M. and roll call was called for the Lake Placid Growth Management Committee with the following members present: Ray Royce, Bert Harris, Hosmer Compton, Jimmy Clinard and Lonnie Wells with Carolyn Phypers absent. Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Ray Royce, from the Lake Placid Growth Committee, presented his request and thanked everyone for attending. Atty. Harris presented his request and presented revisions to the plan. Arlene Tuck, Clerk of the Town of Lake Placid, called roll for the Town of Lake Placid Town Council since they had a quorum with the following members present: Mayor Katsanis, Council Member Charlie Wilson, Council Member Debra Worley, Council Member Bill Brantley and Council Member Jim Waller was absent. Harold Owens, Chairman of the Placid Utilities Advisory Committee, commented that he would like to have Placid Utilities taken out of the plan completely. Ramon Gavarrete, County Engineer, commented on his concerns for Highway Park. Commissioner Jackson questioned how this would affect Highway Park. Mr. Harris commented that it’s not affected. Public input was received from Berylene Wagner, President of Board of Directors of the Lake Placid Owners Association, Harold Owens, Chairman of the Placid Utilities Advisory Committee, June Hantula, Clifford Mitchell, Thomas Conlon, Richard Woodruff, from Wilson-Miller and Lois Krebs spoke in opposition to this issue. Charles Wilson, Council Member for the Town of Lake Placid, commented on his view of the plan. Debra Worley, Council Member for the Town of Lake Placid, commented that they are simply asking for transmittal of the plan and wait for a response from Tallahassee. Bill Brantley, Council Member for the Town of Lake Placid, commented of his view on the plan. Carl Cool, County Administrator, commented that this is a great plan. Mr. Harris presented the Board with revisions to the plan and commented that they would move to amend the Growth Management Committee report to delete the environmental map;

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add the language, “excepting Placid Utilities”, after every use of the phrase, “Utilities in the area should be ultimately owned by the Town of Lake Placid”; add a new section to 14.10 F (4) in the Comp. Plan Amendment that “the county shall require annexation consents to the Town of Lake Placid plan,” and “owners request utility service from Placid Utilities, except for Tomoka Heights and other existing subdivisions today served by Placid Utilities”; and the forth amendment would be on page two of the plan where it’s defined in section 2.2 in the Lake Placid Urban Service Area and at the end of that, we would add that “the area would also be the Urban Service Boundary shown on exhibit one.” Mr. Royce asked if there was a second to that motion from the Growth Management Committee and it was seconded by Mr. Compton. Mr. Royce opened the floor to the public. Public input was received from Clifford Mitchell and Gabriel Read. Ross Macbeth, Board Attorney, commented that if there is some place that’s inconsistent with what the intent of the motion is that those be corrected so things are not left internally inconsistent. Mr. Royce commented that the motion maker and the second agreed. Mr. Royce opened the floor to the public. Pubic input was received from Lillian Horsley. Arlene Tuck, Clerk for the Town of Lake Placid, polled the Committee and all voted aye. Commissioner Maxcy commented they needed to poll the Town of Placid. The Town Council commented that they would like to make a motion that the Town Council approves the same changes. Arlene Tuck, Clerk for the Town of Lake Placid, polled the Town Council and all members present voted aye. Commissioner Maxcy commented to bring the motion back to the Board of County Commissioners. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve and transmit CPA-07-441LS (Greater Lake Placid Area Vision Plan) with the four changes delineated by Mr. Harris as a text amendment to the Future Land Use Element, to function as policy guide for future land use amendments within the Greater Lake Placid Area, becoming effective as provided by law. Commissioner Maxcy opened the floor to the public. Public input was received from June Hantula who spoke in opposition to the motion. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment file. Break 11:00 A.M. – 11:13 A.M. 6. PUBLIC HEARING: Public Hearing to consider purchase of 511 Magnolia Avenue, Sebring,

Florida, for County Annex Building. Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve Contract for Sale and Purchase Agreement and subsequent budget amendment for 511 Magnolia Avenue, Sebring, Florida 33870 also known as Town of Sebring 4th Addition TB-PG 7 N 50 FT of Lot 1 + NW 100 x 50 FT of Lot 2 Block 84. Upon roll call, all Commissioners voted aye. Motion carried. See County Annex Building file & SMB 55 Page 24. Commissioner Maxcy made an announcement that they were going to take a lunch break which is going to be more than an hour because Commissioner Jackson has an appointment at 11:45 A.M. and advised everyone and the public to be back at 1:00 P.M. He also commented that he would like to use this time to allow anyone in the public speak on any upcoming hearings if they are unable to return at 1:00 P.M. David Boswell, Representative for Southeast Milk, commented that he was here today to ask a question on the hearing pertaining to Self Avenue and needed to know which portion of Self Avenue is being closed. Ramon Gavarrete, County Engineer, addressed his question. Laura Van Horn commented that she is speaking on Hearing 1915 and thanked the Zoning & Planning Department for recommending denial.

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Vincent Hill, President of Highway Park Preservation Enhancement District Council, commented that the community members are in favor of the plan but will not be present when this item comes up on the agenda. 7. PUBLIC HEARING: Public Hearing to consider purchase of 527 Magnolia Avenue, Sebring,

Florida, 33870, for County Annex Building. Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve Contract for Sale and Purchase Agreement for 527 Magnolia Avenue, Sebring, Florida, 33870 also known as Town of Sebring 4th Addition TB – PG 7 Easterly ½ of Northerly ½ of Lot 2 Block 84. Upon roll call, all Commissioners voted aye. Motion carried. See County Annex Building file & SMB 55 Page 25. Lunch Break 11:34 A.M. – 1:05 P.M. 8. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to vacate the

South 10 feet of Lot 6, and the South 3 feet of the North 10 feet of Lot 6, Block 20, Placid Lakes, Section 19, according to the Plat thereof as recorded in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt by Resolution to vacate the easement as described as the South 10 feet or Lot 6, and the South 3 feet of the North 10 feet of Lot 6, Block 20, Placid Lakes, Section 19, according to the plat thereof as recorded in Plat Book 9, Page 14 of the public records of Highlands County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 89 & SMB 55 Page 26. 9. PUBLIC HEARING: Public Hearing to consider approval of a Resolution to close that

portion of the unnamed 33 foot wide road lying between Parcel I-10 (Parcel #C-10-33-28-010-0010-0100) being a portion of Lot 1, Transcript Book Page 3, E.D. and C.E., Putney Subdivision, in Section 10, Township 33, South, Range 28, East, Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Jackson questioned the purpose of closing this road. Pedro Gomez, Architect on behalf of the applicant, addressed the purpose of closing the road. Commissioner Maxcy commented that he may be required to have frontage roads. Mr. Gomez agreed. Ross Macbeth, Board Attorney, commented that it’s premature to move forward with this and he would recommend that they meet with the County Engineer’s office to discuss the design. Mr. Gomez had no objection. Commissioner Maxcy commented he would like the Board to consider tabling the hearing and bring it back to the Board on the 4th Tuesday in August. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to table this Pubic Hearing until August 24, 2007. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 55 Page 27. 10. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to close a

portion of Hildago Drive being a 60 foot Right-of-Way, being recorded in a replat of East Shore Subdivision, according to the Plat thereof recorded in Plat Book 3, Page 57 of the Public Records of Highlands County, Florida.

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Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to adopt the Resolution closing that portion of Hildago Drive being a 60 foot right-of-way, being recorded in a replat of East Shore Subdivision, according to the Plat thereof recorded in Plat Book 3, Page 57 of the Public Records of Highlands County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 90 & SMB 55 Page 28. 11. PUBLIC HEARING: Public Hearing to consider adoption of a Resolution to close a portion

of Self Avenue – Valencia Acres Subdivision Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Edward Baldridge, the applicant, presented the request. Public input was received from Brian Smith who spoke in opposition. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the Resolution closing a portion of Self Avenue lying South of the South right-of-way line of Paulk Street AKA Pine Street, running South to an extension of the South property line of Tract A, Valencia Acres Subdivision, Unit 2 according to the Plat thereof as recorded in Plat Book 14, Page 74 of the Public Records of Highlands County, Florida and all lying in Section 21, Township 33 South, Range 28 East, Highlands County, Florida; contingent upon receiving distribution easement from the City of Avon Park to Progress Energy. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 91 & SMB 55 Page 29. 12. PUBLIC HEARING: Public Hearing on July 24, 2007 for proposed Zoning Changes, Large

Scale Plan Amendments, and a Zoning Text Amendment. Three (3) zoning changes, eight (8) large scale plan amendments, and one (1) zoning text amendment, are on the Board of County Commissioners Agenda for July 24, 2007. These agenda items were heard by the Planning and Zoning Commission/Local Planning Agency on July 10, 2007.

2.) HEARING #CPA-07-425LS – ROBERT R. LUCAS AND CAROL HUTCHINSON – C/O

BERT TYLER PARSLEY Approximately 15 acres located West of River Greens Golf Course on the South side of Sunpure Road, and abbreviated legal as follows: Located in Sec. 4, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (High Density Residential.) HEARING #1894 – ROBERT R. LUCAS AND CAROL HUTCHINSON – C/O BERT TYLER PARSLEY Legal description as stated above (Item #1A.) Request: A zoning change from AU (Agricultural) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development.) Applicant desires to multiple dwelling units.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Bert Parsley, representing the applicant, presented his request. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve transmitting CPA-07-425LS amending the future land use map for 15.14 acres from agriculture to high density residential; and to adopt by Resolution P&Z 1894 amending the zoning atlas for 15.14 acres from AU (Agriculture) to R-3 FUD (Multiple Family Dwelling District with Flexible Unit Development), referencing the mandatory findings and transmitting CPA-07-425LS 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. Motion carried. See Comprehensive Plan Amendment file & Res. Book 20 Page 92.

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3.) HEARING #1914 – CCFM HOLDING COMPANY, LLC. – C/O JOHN FRENCH

Four one-quarter acre lots on Dickinson Drive in Unit 16 Sun ‘N Lake Estates of Sebring, generally North of Sun ‘N Lake Blvd. and East of Cortez Blvd. and abbreviated legal described as follows: The Northerly half of Lot 10 and the Southerly half of Lot 10, Block 329; the Northerly half of Lot 11 and the Southerly half of Lot 11, Block 329; the Northerly half of Lot 26 and the Southerly half of Lot 26, Block 335; and the Northerly half of Lot 27 and the Southerly half of Lot 27, Block 335; Sun ‘N Lake Estates of Sebring, Unit 16; according to the plat thereof as recorded in Plat Book 10, Page 4, of the Public Records of Highlands County, Florida. Request: A zoning change from R-1 (Residential district) and R-3 (Multiple Dwelling district) to R-2 FUD (Two-Family Dwelling district with a Flexible Unit Development.) Applicant desires to construct single family dwellings and duplexes.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to DENY P&Z 1914 amending the zoning atlas for 1.15 acres from R-1A (Residential District) to R-2 FUD (Two-Family Dwelling District with a Flexible Unit Development), referencing the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment file. Break 2:02 P.M. – 2:12 P.M. 4.) HEARING #1915 – SEBRING LAKESIDE GOLF RESORT – C/O RICK WHIDDEN

Approximately 12.7 acres located on the North side of Sebring Parkway, just West of Northwood Road, and abbreviated legal as follows: Approximately 12.7 acres located in Sec. 13, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A zoning change from R-1A (Residential district) to R-3 FUD (Multiple Dwelling district with a Flexible unit development.) Applicant desires to construct multi-family condo villas.

Commissioner Maxcy declared a conflict of interest. A Memorandum of Voting Conflict form was entered into the record. Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Rick Whidden, representing the applicant, presented the request. Jeff Hensley, from Pathfinder Consulting, presented his request. Bob Swaine, representing the applicant, presented his request. Lowell Baker commented on the vision for this property. Commissioner Bates asked if there was an existing homeowners association. Mr. Baker commented that there is not presently a homeowners association. Public input was received from Everett Weeks, Willis Smith and Peter Russo who spoke in support of this issue. Mr. Polatty commented that they are recommending denial. Commissioner Bates commented that this is good project. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt Resolution P&Z 1915 amending the Zoning Atlas for 12.7 acres from R-1A (Residential district) to R-3 FUD (Multiple Family Dwelling district with a Flexible unit Development), referencing the mandatory findings becoming effective as provided by law and if approved the following conditions shall apply with the exception of number two. Commissioner Bates suggested taking out condition number two and four. Attorney Swaine commented that they would agree to leave in condition number four. Commissioner Maxcy commented that there were some constituents questioning if there was a quorum. Ross Macbeth, Board Attorney, commented that there was a quorum since there were three Commissioners present. Commissioner Jackson commented that he would like to leave in all the conditions. Conditions:

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1. The maximum of 81 units. 2. The minimum rear set backs is 25 feet. 3. The minimum perimeter setbacks of the site will be at least 25 feet. 4. Ten (10) feet between buildings. 5. Central potable water and central wastewater services shall be provided to the property. 6. The property shall be considered as a single project for purposes of development review and approval under County Codes. 7. The golf course is to be an integral part of the development program. 8. The Applicant shall dedicate additional rights-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 at the time of development. 9. A traffic study will be required using Highlands County approved methodology. 10. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy who abstained. Motion carried. See Comprehensive Plan Amendment file, SMB 55 Page 30 & Res. Book 20 Page 93. Break 3:30 P.M. – 3:41 P.M.

5.) PUBLIC HEARING – ZONING TEXT AMENDMENTS (LDR’S) Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. John McClure, representing the Highlands County School Board, presented the request. Rod Hollinger commented on which schools have groves near or around them. Andy Tuck commented on his perspective on how grove services and operations are done around the schools. Ross Macbeth, Board Attorney, commented that they wanted to discuss the issue of the Form Board Survey and addressed his concerns. Ramon Gavarrete, County Engineer and Mr. Polatty concurred with Attorney Macbeth’s concerns. John Tallent, Vice Chairman of the Planning & Zoning Commission, commented on the process engaged by the Planning and Zoning Commission. Mr. Polatty commented that they needed some guidance. Attorney Macbeth commented there should be a mention of easements after the zoning setbacks if the Board is agreeable. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve the Ordinance as presented and hold a second public hearing in the Board of County Commissioner’s Chambers at 9:00 A.M. or soon thereafter as possible on August 7, 2007 with the changes suggested by the Board Attorney. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment file. 6.) PUBLIC HEARING: CPA-07-427LS (RESPONSE TO 07-1 ORC REPORT)

Response to the 07-1 ORC Report for CPA-07-427LS. Approximately 49+ acres located on the south side of Mike Kahn Road, between DeSoto City Road and C.R. 17 S. HEARING #CPA-07-427LS – Mary Jane Nageon Delestang – C/O Sunbelt Homes Inc. – Andre N. Destang/PresidentApproximately 49 acres located on the South side of Mike Kahn Road, between Desoto City Road and C.R. 17S, and abbreviated legal as follows: Located in Sec. 3, Twp. 35S, Rg. 29E, Highlands County, Florida. Request: A large scale plan amendment from (Agriculture) to (Medium Density Residential.)

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Tracy Mullins, representing the applicant, presented his request. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve and adopt by Ordinance CPA-07-427LS amending the future land use map from

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(Agriculture) to (Medium Density Residential) for 49.0 acres, and amending FLU Policy 11.1 to add the conditions cited below becoming effective as provided by law. Condition Pursuant to the FLU Policy 1.11: Site Specific Developments. 1. Central potable water and central wastewater treatment services shall be provided to the property by a public entity. 2. The property shall be considered as a single project for purposes of development review and approval under County Codes. 3. The Applicant shall dedicate additional rights-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 at the time of development. 4. Density shall be limited to a maximum of 196 units. 5. A traffic study will be required using Highlands County approved methodology. 6. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service provider determines they are not required. 7. Water use permits and withdrawal facilities for permitted quantities in excess of that needed for irrigation within the project shall be transferred prior to development of the project, without charge, to the local government which will provide potable water service to the project, in accordance with all Water Management District rules and regulations. 8. The development shall meet the County’s recreation LOS through one of the following options: a) Provide public parks on site, b) Make a payment in-lieu of dedication of park land (with the approval of the County Commission), c) Dedicate park land to the County (with the approval of the County Commission). Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment file & Ordinance Book 12. 7.) PUBLIC HEARING: CPA-07-437LS – 5 YEAR CIS & 10 YEAR CFS

Amending the Capital Improvements Element to annually update and incorporate the committed 5-Year Capital Improvements Schedule (CIS) and the planned 10-Year Capital Financial Strategy (CFS).

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the transmittal of CPA-07-437LS as an amendment to the Capital Improvements Element to the Highlands County Comprehensive Plan to be transmitted to the Florida Department of Community Affairs, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment file. 8.) PUBLIC HEARNG: CPA-07-439LS – NORTH SEBRING AREA PLAN

A policy plan for approximately 1714 acres, providing a policy format for the committed and the remaining uncommitted acreage in the north Sebring area under FLU OBJECTIVE 12: SPECIFIC AREA PLANS.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Mike Gallagher, from Peterson and Myers representing one property owner, presented the request. Joe Davis thanked everyone for all their help. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve and transmit CPA-07-439LS (North Sebring Specific Area Policy) as a text amendment to the Future Land Use Element, to function as policy guide for future land use amendments within the North Sebring Area, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment file. 9.) PUBLIC HEARING: CPA-07-440LS – HIGHWAY PARK AREA PLAN

A policy plan for approximately 195 acres, prepared by the Highway Park Neighborhood Preservation and Enhancement District Council, to provide a sustainable program for the

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future growth of the Highway Park community under FLU OBJECTIVE 12: SPECIFIC AREA PLANS.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Public input was received from Vincent Hill and Debra Worley who spoke in support of this issue. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve the transmittal of CPA-07-440LS as an amendment to the Future Land Use Element Text, of the Highlands County Comprehensive Plan to be transmitted to the Florida Department of Community Affairs, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment file. 10.) PUBLIC HEARING: CPA-07-442LS AMEND FLU TO ACCOMMODATE SCHOOLS IN

HIGH DENSITY RESIDENTIAL To amend FLU Policy 1.3.E.4 of the Future Land Use Element text by adding as allowable uses in the High Density Residential land use designation public, private and parochial high schools, colleges and universities, vocational and trade schools.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the transmittal of CPA-07-442LS as an amendment to the Future Land Use Element of the Highlands County Comprehensive Plan to be transmitted to the Florida Department of Community Affairs, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment fie. 11.) PUBLIC HEARING: CPA-07-438LS – URBAN SERVICES AREA

Establishing a growth management policy through the use of a hierarchy of urban service areas and development tiers to guide development of land within these designated areas.

Jim Polatty, Development Services Director, presented the request and gave a brief power point presentation. Proof of Publication has been provided to the Clerk to become part of the permanent record. Public input was received from John Tallent. Carl Cool, County Administrator, commented this is a valid planning tool. Ross Macbeth, Board Attorney, commented that after reviewing the document, it has no mention of adopting an urban service boundary. Mr. Polatty commented that his recommendation would be to change the word “area” to “boundary”. Commissioner Maxcy recommended that this be sent back to Planning & Zoning for further review and recommendation. Commissioner Bates commented that he would like it be done correctly. Commissioner Jackson commented that he is not prepared to make a decision today. See Comprehensive Plan Amendment file. 13. ACTION: Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Director of Development Services: Request approval of Scope of Issues – 2008 Evaluation & Appraisal Report.

Jim Polatty, Development Services Director, presented the request and advised the Board that this evaluation & appraisal report was simply for the Board’s information. See SMB 55 Page 31.

B. Interim Human Services Director: Request approval of a Contract with Healthy Families Highlands for abuse prevention.

Carl Cool, County Administrator, and Mary Foy, Acting Human Services Director, presented the request. Commissioner Jackson questioned if this was a long term program and the cost. Ms. Foy

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commented that they are seeking grants and they are willing to waive the cash match for this year and future years. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve the grant request. Mr. Cool questioned if the motion maker and the second would like to have a stipulation that we would get a letter from the state. Commissioner Jackson commented that he would feel more comfortable with something in writing. Commissioner Bates commented he would agreeable. Ms. Foy commented that she would feel comfortable approving this contingent upon a letter from the state. Bernis Gainer, OMB Director, commented that accepting this grant it is going to add a quarter million dollars to the next fiscal year budget. Mr. Cool commented that it will show up as revenue and expenditures. Upon roll call, all Commissioners voted aye. Motion carried. See Healthy Families Florida file & SMB 55 Page 32.

C. Request approval of Budget Amendment 06-07-229 (E-Stone gas line) and Resolution

Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve budget amendment 06-07-229 and Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 55 Page 33, Budget Amendment 2007 file & Res. Book 20 Page 94.

D. Request approval of Budget Amendment 06-07-239 and Resolution Carl Cool, County Administrator, presented the request. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve budget amendment 06-07-239 and Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 55 Page 34, Budget Amendment 2007 file & Res. Book 20 Page 95.

E. Courthouse Security Improvements Carl Cool, County Administrator, presented the request. Commissioner Jackson questioned the amount of the budget amendment which was previously approved. Mr. Cool commented that the cost of the entire courthouse security improvement was around the range of $100,000.00 - $140,000.00. Ross Macbeth, Board Attorney, gave the Board the three estimates from three different vendors. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to waive the Board’s Purchasing Policy and accept the bid process used by the Sheriff’s Purchasing Department to award the bid for the Security Camera Upgrade to the low bidder selected by that bid process. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 55 Page 35. 14. CITIZENS NOT ON THE AGENDA No participants. 15. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Bates: No report. Commissioner Maxcy: No report.

16. ADJOURN The meeting adjourned at 5:37 P.M.

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REGULAR MEETING OF THE BOARD, AUGUST 7, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson Pam Cross Don Bates J. Ross Macbeth

Barbara Stewart Antonia Rivera

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Commissioner Stokes. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of the Clerk of Courts Monthly Report of Business Services for July, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 55 Page 37.

B. Upcoming County Meetings:

Aug 7 3:00 pm Highlands Soil & Water Conservation District

Ag-Center, 4509 George Blvd., #3, Sebring, Florida

Aug 7 7:00 pm Construction Licensing, Enforcement & Appeals Board

600 S. Commerce Ave., Board room, Sebring, Florida

Aug 8 7:30 am Children’s Services Council Children’s Advocacy Center, 1000 S. Highlands Ave., Sebring, Florida

Aug 8 9:30 am Children’s Services Council, Safehouse Sub-Committee

Children’s Advocacy Center, 1000 S. Highlands Ave., Sebring, Florida

Aug 13 9:00 am HC Homeowner’s Association, Inc. Sebring Country Estates Clubhouse, 3240 Grand Prix Dr., Sebring, Florida

Aug 13 6:30 pm Highway Park Neighborhood Preservation & Enhancement District Council

New Life Assembly Church, 114 Cloverland St., Lake Placid, Florida

C. Other meetings: IDA/EDC Board of Directors has a meeting scheduled for August 8, 2007 at

7:30 a.m. at 213 U.S. 27 South, Sebring, Florida. The Library of Consultants has a meeting scheduled for August 8, 2007 at 9:00 a.m. in the Government Center located at 600 S. Commerce Avenue, Room #251, Sebring, Florida. The Code Enforcement Special Magistrate will meet on August 9, 2007 at 1:30 p.m. in the Board of County Commissioners Chambers located at 600 S. Commerce Avenue, Sebring, Florida. The Historic Preservation Commission will meet on August 9, 2007 at 2:30 p.m. in the Courthouse Annex Building located at 501 S. Commerce Avenue, Sebring, Florida.

D. Superintendent of Schools Wally Cox: Presentation on work completed at Lake Placid High School

Wally Cox, Superintendent of Schools, presented an award to the County Commission and Bruce Van Jaarsveld, Road & Bridge Superintendent, for assisting the school district on developing their P.E. facility and for clearing the site on their new elementary school. Mr. Van Jaarsveld accepted the award on behalf of the Road & Bridge Department.

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Commissioner Stewart introduced Danny Kushmer, the new Community Affairs Coordinator, for Southwest Florida Water Management District. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits August 7, 2007.

General 2,720,509.24 County Transport Trust 18,936.61

Intergovt Radio Communication 3,045.00 Law Enforcement Educ 4,017.01 Local Govt Infra Surtax 507,006.37 Tourist Dev Trust Fund 4,045.49 Comm Development Block 5,000.00 Affordable Housing Asst 24,196.34 Hurricane Housing Rec Pro 22,036.57 Sebring Parkway Maint 1,250.00 Court Tech 28.24(12)(E) 1 2,709.02 Building Fund 2,755.83 HCISSRB Construction Fund 6,937.08 Solid Waste 136,674.72 Placid Utilities 1,736.35 Highway Park Utility 111.66 Risk Retention Fund 3.99 Employee Benefit Fund 11.97 Payment of bills and employee benefits was authorized on July 31, 2007 for $491,384.47. B. Request approval of a release of a Declaration of Unity of Title Agreement. See SMB 55

Page 38 & See William & Dorothy Holmes file. C. Request approval of Satisfaction of Mortgage as per attached list. See Satisfaction of

Mortgage file. D. Request approval of a Satisfaction of Lien on Case #CE 02070044, 3724 Howard Avenue,

Florida. See Subdivision file. E. Request approval of a Satisfaction of Lien on Case #CE 03060052, 216 Douglas Avenue,

Florida. See Subdivision file. F. Request approval of a Satisfaction of Lien on Case # CE 03060050, 220 Douglas Avenue,

Florida. See Subdivision file. G. Request acceptance and recording of Partial Release of Mortgage for Kahn Citrus, Inc.

for Scenic Highway and Parkway signalization improvements. See SMB 55 Page 39 & Kahn Citrus, Inc. file.

H. Request approval to adopt the 2008 holiday schedule. See SMB 55 Page 40. I. Request approval to reappoint William J. Swann & Harold Brown to the Historic

Preservation Commission. See SMB 55 Page 41. J. Request approval to render null and void the approval of donated property Parcel A-26-

33-28-170-0020-0030. See SMB 55 Page 42.

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K. Request approval to declare attached County property as Surplus, waive two-step Surplus Disposal process, and allow said Surplus to be disposed of by utilizing our contract with GovDeals. See SMB 55 Page 43.

L. Request approval of a Resolution to establish a Public Hearing to consider closing Lake Byrd Boulevard of the Public Records of Highlands County, Florida. See Res. Book 20 Page 97 & SMB 55 Page 44.

M. Request approval of 2007/2008 FDEP Consolidated Small County Solid Waste Management Grant Agreement Grant Number SC816. See Solid Waste Management file & SMB 55 Page 45.

N. Request approval of Resolutions & budget amendments 06-07-234; 235; 238; 248. See Res. Book 20 Page 98, Budget Amendment 2007 file & SMB 55 Page 46.

O. Request approval of budget amendments 06-07-236; 244; 246. See Budget Amendment 2007 file & SMB 55 Page 47.

5. PUBLIC HEARING: Second Public Hearing to adopt amendments to the County’s Land

Development Regulations. Jim Polatty, Development Services Director, presented the request and requested clarification on the amendments. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Bates commented that he was the one who made the motion at the prior public hearing and his intention was that a Form Board Survey be required for a concrete pool deck or an in- ground pool. Linda Conrad, Acting Zoning Supervisor, suggested including pool cages. Commissioner Stewart commented that she would like Section 11, number one to be read into the record. Ross Macbeth, Board Attorney, read it into the record. Commissioner Stewart presented the Board with the revised language for Section 12.16.310 and read it into the record. Attorney Macbeth also commented on revisions in the definition section. Mr. Polatty also commented in revisions in Section 2. Attorney Macbeth clarified those amendments. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to adopt Ordinance of the Board of County Commissioners of Highlands County, Florida, providing for changes to Chapter 12 of the Code of Ordinances, Highlands County, Florida pertaining to the Land Development Regulations and Zoning; providing for amendments to Article 2: abbreviations and definitions; providing for amendments to Article 3 – Administration and Enforcement; providing for amendments to the AU Agriculture, EU Estate District, R-1A Residential District, R-2 Two-Family Dwelling District, R-3 Multiple Family Dwelling District of Article 5; providing for amendments to Article 16; Building Code; providing for conflict; providing for inclusion of code; providing for severability; providing for an effective date and this was presented by the staff and previously recommended by the Board of County Commissioners with the following changes in Section 5 and the only change is in Section 12.03.303 A and that “B” and “C” will not be included and under Section 12.16.310, it will read as read into the record by Commissioner Stewart and item one under that section will read “All sheds or other buildings on skids and above-ground pools that are accessory structures and fences but not pool decks or pool cages” and the last change is in Section 263 as presented by staff and edited by the County Attorney today. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 55 Page 48 & Ordinance Book 12. 6. PUBLIC HEARING: TEFRA Hearing to consider approval of an issue by the City of Tampa

of Variable Rate revenue & revenue refunding bonds (Volunteers of America Project). Bernis Gainer, OMB Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Bates commented that he would like more information on the program. Ray Tuller, of Volunteers of America, commented on the Volunteers of America Project. Commissioner Stewart asked for an explanation on the Tax Equity & Fiscal Responsibility Act (TEFRA) hearing process. Ross Macbeth, Board Attorney, gave a brief

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explanation of the process. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the Resolution and First Amendment to the Interlocal Agreement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 99, City of Tampa file & SMB 55 Page 49. 7. WORKSHOP: Workshop on Rural Land Stewardship Work Plan Carl Cool, County Administrator, presented the proposed Work Plan to the Board. Lisa Jensen, of Atlantic Blue, commented that they would like to go forward with the plan. Ross Macbeth, Board Attorney, commented on the proposal from Atlantic Blue. Commissioner Stewart commented on her concerns. Commissioner Bates commented that the county needs some safeguarding. Commissioner Jackson commented on his concerns with entering an agreement with a cap. Commissioner Stokes concurred with Commissioner Bates. Commissioner Stewart commented on the importance of having safeguards for the county and the applicants and raised questions and concerns on the work plan and timelines. Mr. Cool commented that he would like a consensus of the Board to authorize the Chairman and the County Administrator to go to Glades County to discuss the concept of an Interlocal Agreement. Commissioner Maxcy asked the Commission for a consensus and all Commissioners were in agreement. See SMB 56 Page 1. Break 10:34 A.M. – 10:52 A.M. 8. ACTION: Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Michael Rider: Requesting consideration for a Release of Lien on the Constance A. Mack property.

Michael Rider, representing Constance A. Mack, presented his request. Commissioner Jackson questioned if there any more liens involved. Mr. Rider commented that there are no other liens. Carl Cool, County Administrator, commented that he would recommend the Board to approve his request. Commissioner Stokes questioned if this could be legally done. Ross Macbeth, Board Attorney, commented that it could be done. Attorney Rider commented that the Board of Commissioners has the authority to compromise all kinds of claims and bills. Mike Durham, Counsel for the Sheriff’s office, commented on the Sheriff’s involvement in this matter. Commissioner Jackson commented that he would like a breakdown of actual costs. Commissioner Stewart commented that she concurs with Commissioner Jackson. Attorney Macbeth commented that those fees have already been set by the Ordinance. Commissioner Bates commented that he would like to know the closing date. Attorney Rider commented that he is waiting for the Board’s discussion to set that date. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to except $6250.00 as payment and hold the other in abeyance should she (Constance Mack) acquire any other property in Florida. Public input on motion was received by James Wood. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 2.

B. Solid Waste Director and Joe Miller, PBS&J: Presentation of Award tabulations of Sealed Bids for Asphalt Plant along with the updated economic analysis for the plant.

Ken Wheeler, Solid Waste Director, presented the request and commented that he would like to postpone this for six weeks and bring it back to the Board with an updated economic analysis. Carl Cool, County Administrator, commented that he would like to thank everyone for their hard work. Attorney Lobozzo commented that they are in agreement with Mr. Wheeler. Public input was received from James Wood, Conda Ruckman and Steve Roberts who spoke in opposition to this issue. Public

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input was received from John Payne, Ray Napper, Ken Melvin and Freddie Jahna who spoke in support of this issue. Commissioner Maxcy commented that he looks forward to seeing everyone back in six weeks. See SMB 56 Page 3.

C. OMB Director: Presentation of Budget Revisions Seth Bliven, Vice Chairman of the Housing Authority, presented a proposed budget for the Highlands County Housing Authority. Lunch Break 11:50 A.M. – 1:03 P.M. Cont’d Presentation of Budget Revisions Carl Cool, County Administrator, gave a power point presentation on the 2007/2008 budget. Commissioner Stokes commented that he didn’t want to go forward with the $2000.00 cap on county employees. Commissioner Maxcy commented that he would like to have a consensus of the Board of any issues raised. Commissioner Bates commented that he was in favor of eliminating the cap. Commissioner Jackson commented that he is not opposed to the cap but would like a cap imposed on some that have a certain salary range. Commissioner Maxcy commented that he would like to remove the cap and the consensus of the Board was to remove the cap. Mr. Cool presented longevity. Commissioner Maxcy commented that it would be unfair to discontinue longevity and all Commissioners were in agreement. Mr. Cool presented the Direct Agency Funding and recommended that the Board request the Hospital District Board to fund a portion or all of the Health Department. Commissioner Stewart commented that the Health Department has already requested the Hospital Board for funding in the amount of $150,000.00. Commissioner Stokes commented that he would like to ask the Hospital District Board for funding. Commissioner Jackson concurred with Commissioner Stokes. Commissioner Maxcy commented that the consensus was to go forward to ask for funding from the Hospital District Board. Mr. Cool presented the Housing Authority needs. Commissioner Jackson commented that he would like to fund the Housing Authority. Commissioner Stokes, Commissioner Bates, Commissioner Stewart agreed to go with staff on funding the Housing Authority. Commissioner Maxcy commented that consensus was to go with staff on the funding. Mr. Cool presented Agency Funding. Commissioner Stewart commented that she would like someone to talk to these outside agencies on the costs of utilities. Mr. Cool presented the Library Budget. Mary Myers, Library Services Director, gave the Board the hours of operations of the libraries. Commissioner Stewart questioned if they were recruiting to hire a librarian in Lake Placid. Mr. Cool recommended to lift the freeze and proceed to fill vacancies. Public input was received from Mary Criswell, Kathy Bergens and Jack Richie. Commissioner Maxcy commented to proceed to the next item. Mr. Cool presented the Travel Policies. Commissioner Maxcy opened the floor to the public for discussion and advised the Board to move to the next item. Mr. Cool presented the Capital Purchase Policies & Vehicles. Rick Helms, Assistant County Administrator, commented on the lease program. Commissioner Maxcy commented that he would like staff to bring back a report on penalties on lease programs.

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Mr. Cool presented the Equipment section of the budget. Ramon Gavarrete, County Engineer, commented on the need for laptops. Mr. Cool continued to present the need for the additional computers. Bob Jamison, Deputy Clerk, commented that 600 users are currently being serviced. Mr. Cool continued to present the need for additional scanners. Rick Helms, Assistant County Administrator, commented that the scanners would be utilized for the imaging project that is coming up in the next few months. Commissioner Jackson commented that there are laptops on the market for less than $2300.00 per laptop. Mr. Gavarrete commented that the power of the laptop needs to be considered. Mr. Cool commented that they will look closely at the costs of the laptops. Mr. Cool presented the Sports Complex. Commissioner Stewart commented that half of the operating budget would be covered by fees. Mr. Cool commented that they are still on track to have half of the operating budget covered by fees. Commissioner Maxcy questioned when the ribbon cutting was scheduled. Mr. Cool commented that the ribbon cutting was scheduled for August 25, 2007 at 8:00 a.m. Commissioner Maxcy advised the Board to move to the next item. Mr. Cool presented the Board Attorney and legal costs. Commissioner Stewart questioned where staff got the cost for a County Attorney. Jared Lee, Budget Analyst, commented that most of this was a survey of local government areas in the Polk County and Tampa Bay areas and this works out to be the average salary and benefit package for actual attorneys employed by those government agencies. Commissioner Jackson questioned what kind of consideration was given to absorbing the legal secretary within staff. Mr. Cool commented that this was considered. Ross Macbeth, Board Attorney, commented that this was put together with no consultation with him and gave the Board an overview of his budget. Commissioner Stewart commented that she would like to bring up another issue of the County Administrator retiring within the year and it would be very judicious to keep the existing attorney until the new County Administrator gets on board. Commissioner Maxcy commented that staff and the Board Attorney need to come up with ideas on getting things done in a timely manner. Attorney Macbeth gave an overview of his caseload. Commissioner Bates commented that he would like to look at hiring in-house counsel to work on litigation issues. Commissioner Jackson commented that he would agree to keep the contract with Mr. Macbeth but look very hard at in-house counsel. Commissioner Stewart commented that the County Administrator needs to set priorities for the Board Attorney. Commissioner Maxcy commented that the consensus of the Board is to keep the Board Attorney for a year and requested a report from staff on the length of time it takes staff to get things done with Attorney Macbeth. Commissioner Stewart commented that it shouldn’t be up to Ross Macbeth and staff and that it should be up to the County Administrator to instruct staff on how they should interact with the Board Attorney. Commissioner Maxcy instructed the County Administrator to get with the Board Attorney and get a list together on how long it’s taking to get things done and discuss ways to improve. Commissioner Stewart commented that she would like to have each Commissioner meet with the Board Attorney to discuss all these issues. Commissioner Stokes commented that he would like to see the litigation be handled by out-side counsel. Commissioner Maxcy advised the Board to move to the next item. Mr. Cool presented the funding of the county calendar and recommended not to fund it. Commissioner Bates commented not to fund it. Public input was received from Cathy Bergens who spoke in support of funding the county calendar. Commissioner Maxcy commented not to fund it. Commissioner Stewart commented that she would like to have it eliminated and move on. Commissioner Maxcy commented that the consensus of the Board was to eliminate it.

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Mr. Cool presented Juneteenth and recommended not to fund it. Commissioner Maxcy commented that the consensus of the Board was not to fund it. Mr. Cool presented the Work Study program and Historic Preservation. Bill Swaine, Chairman of the Preservation Commission, commented on how their budget is used. Commissioner Stewart asked the budget department to look at all their cost centers. Mr. Cool presented the re-organizational scenario and advised the Board that he would like to advertise these positions and have them filled by January 1, 2008 and have a chance to work with them for six months prior to him retiring on June 30, 2008. He also commented that Rick Helms, Assistant County Administrator, retirement date is January of 2010 and the new County Administrator will have a year and a half with a good Assistant County Administrator. Commissioner Jackson commented that he would like to suggest that the Chairman appoint a Committee to search for a replacement and other options. Commissioner Bates commented that John Minor, Human Resources Director, is a good place to start. Commissioner Stewart commented that this was a good idea and suggested having Mr. Cool leave a couple months ahead of June and have the County Administrator begin employment at the beginning of the budget year rather than bringing him in at the tail end of the budget year. Mr. Cool questioned if they were suggesting that he leave prior to June. Commissioner Stewart commented that it may be an option. Mr. Cool commented that he would like to hear from the Board on when he should leave. Commissioner Stewart commented that she was suggesting that the Committee appointed take a look at this and have them make the decision. Commissioner Bates commented that he disagreed and that the June 30th date is satisfactory to him. Commissioner Maxcy and Commissioner Stokes concurred with Commissioner Bates. Commissioner Jackson commented that he is also agreeable to the June 30th date but would like this Committee to consider having the County Administrator get on Board a little earlier than July 1st. Commissioner Stewart commented they are hoping to hire someone that is a professional experienced manager and not hire someone shadowing someone else. Commissioner Maxcy instructed staff to get with him in the next couple of weeks developing a Committee. Mr. Cool commented that he should stay far apart from this Committee and he should have nothing to do with the process, procedure, or the recommendation since this is a decision of the Board. Commissioner Maxcy commented he would like him to be present if the Committee requests his attendance to discuss roles and responsibilities of the County Administrator. Mr. Cool commented that he would serve the Board anyway he can. Mr. Cool presented the Current Service Hours and recommended to the Board to leave the hours the way that they are. Commissioner Bates commented that part of the problem is that there are county employees who abuse the four day work week which creates concerns within the community and has no problem with keeping it a four day work week. Commissioner Maxcy commented that he would like the County Administrator to relate Commissioner Bates’ comment to all the employees because he shares Commissioner Bates’ opinion. Commissioner Jackson commented that he is not a fan of the four day work week but certainly not opposed to it. Commissioner Stewart commented that the bottom line is to serve the public. Commissioner Maxcy commented that he would like to stay with a four day work week. Commissioner Stokes commented that he would like to leave the four day work week. Public input was received from Rick Whidden and Sheila Byatt who spoke in support of the four day work week. Commissioner Maxcy commented that the consensus was to keep the four day work week. Mr. Cool presented the Budget status and commented that they received a new form to have the millage revised since the numbers were placed in the wrong place. Rick Helms, Assistant County Administrator, commented that the millage form needs to be revised and the millage rate will change from 7.3625 to 7.3544 and recommended a motion from the Board. Motion by Commissioner Jackson,

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seconded by Commissioner Bates, to move that the Board approve the corrective changes to the Highlands County DR-420 form for re-submittal. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 4. Break 4:00 P.M. – 4:15 P.M.

D. Supervisor of Elections Joe Campbell and Suzanne Hunnicutt, Chastain Skillman: Recommendation on Space Needs for the Supervisor of Elections.

Carl Cool, County Administrator, presented the space needs assessment to the Board. Joe Campbell, Supervisor of Elections, commented that he is planning on finding a smaller building to lease out of his current budget and in the meantime search for a large building to lease or have the Board purchase it. Bob Jamison, Senior Director for Business Services, commented that the Clerk’s office is in line for that space if Mr. Campbell vacated that space since it’s adjacent to their current space and it’s approximately how much space is needed based on the space survey that Mr. Cool conducted. He also commented that everyone agreed that this was a solution to the Clerk’s problem when Mr. Campbell’s needs were satisfied. Commissioner Maxcy commented that he would like him to come back in a couple weeks and present their needs to the Board. Commissioner Stewart commented that Mr. Campbell needs to look for a facility to hold his whole operation in a good central location. Mr. Campbell commented that this is his number one goal. Commissioner Maxcy commented that they may not have the money to do this. Mr. Cool commented that he would like to have all the constitutional officers in one central location. Mr. Campbell asked the Clerk’s office intention for the use of their office space. Mr. Jamison commented that it would be used for work stations and computers. Commissioner Maxcy commented that he would like Mr. Jamison to come back to the Board and present their needs. See SMB 56 Page 5. Commissioner Maxcy asked if item E and F could be rescheduled.

E. Finance Officer, Clerk of Courts: Interim Financial Report of Key Operating Performance Measures as of June 30, 2007.

Bob Jamison, Senior Director of Business Services, commented that the presentation of the Interim Financial Report need not be rescheduled and commented that the county is in good healthy condition and if anyone has any questions to feel free to contact his office. See Clerk’s Financial Reporting file.

F. Sports Complex Manager: 1. Request approval of fees for Sports Complex

This item was pulled from the agenda. See SMB 56 Page 6.

2. Request approval of concession stand plan at Sports Complex This item was pulled from the agenda. See SMB 56 Page 7.

G. County Administrator: 1. Request approval of the Interlocal Agreement with the City of Avon Park.

Warwick Furr, representing Roland L Dilley & Son, Inc., presented his request. Ross Macbeth, Board Attorney, commented that the agreement in it’s current form should not be adopted because it doesn’t comply with Florida Statutes. Attorney Furr commented that this should be a starting point and asked the County to ask the City to respond and get the process moving. C.B. Shirey, City Manager of the City of Avon Park, commented that county staff was instructed by County Commission to work on the Ordinance and they have been waiting for this to be done. Attorney Furr commented that the Statute provides for two alternatives. Commissioner Stewart commented on a letter received from Mayor

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Schuler addressed to Commissioner Maxcy. Commissioner Maxcy commented that he would like this issue to come back to the Board in a workshop in the next couple of weeks. See SMB 56 Page 8.

2. Discussion on Capital Financial Strategy.

This item was pulled from the agenda. No backup material provided for this item.

3. Report on actions regarding the Action Steps and Goals of the Board of County Commissioners.

This item was pulled from the agenda. See SMB 56 Page 9.

4. Request approval of Resolution & budget amendment 06-07-249 increasing fund 005 Reserve for Contingency.

Carl Cool, County Administrator, commented that he would like the Board to approve items G., 4, 5, 6 and 7. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve this item. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 100, Budget Amendment 2007 file & SMB 56 Page 10.

5. Request approval of budget amendment 06-07-233 decreasing fund 151 Reserve for Contingency.

Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve this item. Upon roll call, all Commissioners voted aye. Motion carried. (Item’s 5, 6 and 7 were approved in one motion) See Budget Amendment 2007 file & SMB 56 Page 11.

6. Request approval of Resolution & budget amendment 06-07-228 decreasing/increasing fund 151 Reserve for Contingency.

Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve this item. Upon roll call, all Commissioners voted aye. Motion carried. (Item’s 5, 6 and 7 were approved in one motion) See Res. Book 20 Page 101, Budget Amendment 2007 file & SMB 56 Page 12.

7. Request approval of budget amendments 06-07-245; 247 decreasing fund 005 Board’s Reserve for Contingency & Clerk’s Reserve for Contingency

Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve this item. Upon roll call, all Commissioners voted aye. Motion carried. (Item’s 5, 6 and 7 were approved in one motion) See Budget Amendment 2007 file & SMB 56 Page 13. 9. CITIZENS NOT ON THE AGENDA No participants. 10. COMMISSIONERS:

Commissioner Stewart: Commissioner Stewart commented that she had a very informative meeting two weeks ago with the American Membrane Technology Association.

Commissioner Bates: No report. Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Maxcy: No report.

11. ADJOURN The meeting adjourned at 5:20 P.M.

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REGULAR MEETING OF THE BOARD, AUGUST 14, 2007

1. The meeting was called to order at 9:04 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Stokes. The Pledge of Allegiance was led by Commissioner Bates. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of the Clerk of Courts Monthly Report of Court Services for the week ending 8/10/07 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 56 Page 16.

B. Upcoming County Meetings:

Aug 14 3:00 pm HC Planning & Zoning Commission & Local Planning Agency & Zoning Board of Adjustment

600 S. Commerce Ave., Board room, Sebring, Florida

Aug 16 11:00 am Keep Highlands County Beautiful Fundraising Committee

Sebring Chamber of Commerce, 227 U.S. Highway 27 S., Sebring, Florida

C. Other meetings: The Florida Association of Counties trip for the All About Florida Tour

Schedule is scheduled for Thursday, August 16, 2007 at 10:00 A.M. – 12:00 P.M. at 925 U.S. Hwy 98 South, Lakeland, Florida. The Insurance Committee has a meeting scheduled for August 16, 2007 at 2:00 P.M. at the Board of County Commissioner Chambers. Carl Cool commented on the tropical disturbance in the Gulf of Mexico and the Atlantic Ocean. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits August 14, 2007.

General Fund 747,845.52 County Transport Trust 24,185.61 E911 Operations Fund 60.45 Legal Aid 3,598.82 Local Govt Infra Surtax 240,788.16

Tourist Dev Trust Fund 9,615.32 Comm Development Block 74,600.00

Affordable Housing Asst 32,249.94 State Court Facilities TF 889.69

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Court Tech 28.24(12)(E)1 42,403.20 Building Fund 1,226.89

HCISSRB Construction Fund 2,948.13 Solid Waste 79,118.22

Placid Utilities 4,289.79 Highway Park Utility 1,495.09 Risk Retention Fund .35 Employee Benefit Fund 1.05

Tax Deed Surplus Fund 27,663.06 B. Request approval of a Release of Nuisance on CE 06010149, 9246 Bridle Path, Sebring,

Florida. See Subdivision file. C. Request approval of a Notice of Nuisance on CE 06080062, 4908 Barnum St., Sebring,

Florida. See Subdivision file. D. Request approval of a Release of Nuisance on Case No. CE 06110054, 430 Valencia Ave.,

Sebring, Florida. See Subdivision file. E. Request to accept and record Agreement between the Board, Sun ‘n Lake Improvement

District and Heartland National Bank for Granada Boulevard Extension. This item was moved to the action agenda.

F. Request acceptance and recording of Original Warranty Deeds and DR-219 forms for six parcels needed for Sebring Parkway Phase II from the School Board of Highlands County. See County Deed file & SMB 56 Page 17.

G. Request approval of YMCA BMX Contract. See YMCA file & SMB 56 Page 18. H. Request to accept into the record Court-Related & Other Miscellaneous Funds Revenue

& Expenditures. See SMB 56 Page 19. I. Request approval of Resolutions & budget amendments 06-07-241; 253; 254. See Res.

Book 20 Page 104, Budget Amendment 2007 file & SMB 56 Page 20. J. Request approval of budget amendments 06-07-252; 255; 256; 257; 259. See Budget

Amendment 2007 file & SMB 56 Page 21. 5. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

AA. Request to accept and record Agreement between the Board, Sun ‘n Lake Improvement District and Heartland National Bank for Granada Boulevard Extension.

Ramon Gavarrete, County Engineer, presented the request and gave a brief power point presentation. Commissioner Maxcy declared a conflict of interest. A Memorandum of Voting Conflict was entered into the record. Ross Macbeth, Board Attorney, commented that the agreement is an option to the county not an obligation. Attorney Bert Harris commented that they are in agreement with all the terms of the agreements and presented his request. Commissioner Jackson questioned the right-of-way. Mr. Harris addressed the right-of-way issue. Commissioner Stewart questioned number “14” in the agreement. Attorney Macbeth addressed her concerns. Mr. Gavarrete commented on the “jug handle road” construction. Commissioner Stewart commented that she would like to see the section where the bank is agreeing to build that portion of Heartland Road included in this agreement. Attorney Harris stated that they had no objection. Commissioner Stewart asked how they came up with the money amount. Mr. Gavarrete commented that the purchase price was an appraisal that was obtained by the Board. Commissioner Stewart questioned how much money is being recouped by charging the new developers. Mr. Gavarrete commented that staff is not recommending a surcharge to be placed on any

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future developments besides impact fees. Carl Cool, County Administrator, commented that he would like the Board to approve this request. Commissioner Stewart commented that she didn’t want to leave the public under the impression in any way that they would be charged with this right-of-way and that this road is being proposed for future developments, not for existing residents. Attorney Macbeth commented on some revisions to the agreement. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to accept the agreement between the Board, Sun ‘n Lake Improvement District and Heartland National Bank for Granada Boulevard Extension referred to in this agreement as Heartland Avenue with the changes as noted by Attorney Macbeth. Attorney Harris asked if there was a closing date. Attorney Macbeth commented that it’s approximately within 90 days. Commissioner Stewart commented that she would like staff to look at this issue as far as reimbursement in the future by the future developers. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. See SMB 56 Page 22 & Sun ‘N Lake Improvement District file.

A. Veteran’s Service Officer, and Bud Wallen, Chair, Employer Support of the Guard and Reserve (ESGR): Request approval of a Proclamation, Statement of Support, and Resolution of employee support of the Guard and Reserve.

Sgt. Major (Ret.) Joseph Dionee, presented the request. Bud Wallen, Chair of the Employer Support of the Guard & Reserve, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve these three documents and have them executed by Chairman Maxcy. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 105.

B. Dr. George Dennis, US Fish and Wildlife Service: Seeking board permission to submit the application for a Habitat Conservation Planning Grant for Highlands County to the US Fish and Wildlife Service (US FWS) in cooperation with the Florida Fish and Wildlife Conservation Commission (FL FWCC).

Dr. George Dennis, from the US Fish & Wildlife Service, presented the request. Janice McCarthy, Planner, provided the Board with a revised estimate of costs which was not included in the packet. Commissioner Bates asked what has happened to want to proceed with the Habitat Protection Plan. Jim Polatty, Development Services Director, addressed his comment. Public input was received by Ray Royce and John Tallent. Commissioner Stokes commented that it’s not a good idea to apply for a grant and then not use it. Commissioner Stewart commented that it was her understanding that we were not talking about additional rules and regulations but the purpose of this grant was to be streamlined, improved, and become less costly and burdensome to the development sector. Dr. Dennis commented that they would like to review the projects and propose what measures need to be done. Commissioner Stewart commented that another clarification is that it states that the Florida Fish and Wildlife Conservation Commission will be the ones who will be doing the bulk of the work. Dr. Dennis commented that it’s a joint state/federal effort. Commissioner Stewart commented that the county will be hiring a qualified consultant to do the work and did the county envision doing the work. Ms. McCarthy commented on the staff responsibilities. Commissioner Stewart asked if there was money in the Conservation Trust Fund. Mr. Polatty stated yes. Commissioner Stewart questioned if there were any other counties that have a Habitat Conservation Plan. Dr. Dennis commented that they don’t have any other counties but they do have large plans in place for communities that have significant endangered species activities. Commissioner Stewart questioned how Highlands County ranks with the other counties as to threatened species. Dr. Dennis addressed her question. Commissioner Bates reiterated what was being requested today at the Board meeting. Ross Macbeth, Board Attorney, commented that they can’t use the Conservation Trust Fund for this. Mr. Polatty disagreed with Attorney Macbeth. Commissioner Maxcy suggested that staff meet with Attorney Macbeth to go over any issues that need to be resolved. Commissioner Jackson commented that there are a lot of legal

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issues and requested a workshop. Commissioner Maxcy commented that he would like to have another workshop next week. See SMB 56 Page 23. Break 10:45 A.M. – 11:00 A.M.

C. County Engineer: Discussion regarding acceptance of Markland Lane for County maintenance.

Ramon Gavarrete, County Engineer, presented the request and gave a brief power point presentation. Carl Cool, County Administrator, commented on the history of this request. Ross Macbeth, Board Attorney, presented the Board with all the options available to the Board and commented on the Florida Statute. Public input was received by Mark Crenshaw, Sherri Crenshaw, and Kathy Aker who spoke in support of this issue. Commissioner Stewart commented that she would like more information on option “2”. Attorney Macbeth explained option “2” to the Board. Commissioner Stewart asked if staff or the Property Appraiser has explained the process to the property owners. Mr. Gavarrete commented that there has been an effort from county’s staff side to explain to the property owners the need for the easement but unsure if the Property Appraiser has spoken to them. Commissioner Maxcy commented that he has spoken to the property owners and some property owners are not in agreement. Commissioner Jackson commented that he would agree to option “2”. Commissioner Stewart commented that she would be agreeable with option “2”. Attorney Macbeth commented if the Board wants to pursue option “2” there are legal issues that need to be taken care of. Commissioner Maxcy asked the Board for a consensus and the consensus of the Board was to go with option “2”. See SMB 56 Page 24.

D. Director of Parks & Recreation: 1. Request approval of fees for Sports Complex.

Vicki Pontius, Parks & Recreation Director, presented the request. Walter Ellingsworth, Sports Complex Manager, presented the Sports Complex fees to the Board. Commissioner Bates commented on his concern of the fees. Commissioner Stewart commented that they had meetings with the residents while this was being planned and one point that the county stressed was that these fields would be open to the neighborhood children and now it sounds like the kids have to pay ten dollars to come in and play. Mr. Ellingsworth stated yes, if these fees are adopted today. Commissioner Stewart commented that this was never brought up and the kids are not going to be able to pay ten dollars an hour to play. Ms. Pontius commented that she unaware of any neighborhood meetings where they agreed to have the kids come down and play. Commissioner Stewart commented that she would pull her notes from the meeting where residents were being told that this would be open to the kids and never once were they told that the kids would have to pay in order to play. Ms. Pontius commented that this facility is open to the public but they have to pay to use the facility and the facility will be locked when there are no scheduled practices, games or tournaments and it was never the intent to have kids just come down to throw bats and balls. Commissioner Maxcy commented that there is some miscommunication that needs to be addressed. Commissioner Stewart commented that she constantly asked if this would be open to the neighborhood kids. Ms. Pontius commented again that it is open to the public. Commissioner Stewart commented that in essence it isn’t because the kids can’t afford to pay these fees. Carl Cool, County Administrator, commented that it is open to the public. Commissioner Jackson questioned the fees on league plays. Mr. Ellingsworth explained the fees. Commissioner Stewart questioned if a reservation needs to be made. Mr. Ellingsworth commented that a reservation needs to be made to make sure the park is open. Commissioner Stewart commented if the kids wanted to participate, the kids would have to call and make sure the park is open and make a reservation and then pay their ten dollars to play. Mr. Ellingsworth commented yes. Commissioner Stokes questioned if Recreation & Park’s Advisory Committee (RPAC) has approved this request. Mr. Ellingsworth

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commented that Recreation & Park’s Advisory Committee (RPAC) has not approved it and that this was just a proposal. Commissioner Stewart commented that Commissioner Stokes brought up a good point and the Recreation & Park’s Advisory Committee (RPAC) should look at it. John Grill, President of Highlands Softball Incorporated, commented that they have never been charged to practice and he would like to present a deal to have the seniors buy a card for ten dollars per person which allows them to go practice anytime during the year when there is not a game. Commissioner Stokes commented that he feels that the Recreation & Park’s Advisory Committee (RPAC) needs to look at this and make some suggestions and there needs to be more discussion on the issue of the neighborhood kids. Ms. Pontius commented that there is a timeline on establishing fees because they have a tournament scheduled on the 25th and fees need to be established so revenue can be generated for this upcoming tournament. Mr. Grill commented on his concern with the ten dollar charge to practice. Commissioner Jackson commented that he would like to just set the tournament fees at this point. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the fees for the softball league & tournament plays. Commissioner Stewart questioned if the motion is just for the softball league & tournament play. Commissioner Stokes commented that his motion is just for the softball fields. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 25.

2. Request approval of concession stand plan at Sports Complex. Walter Ellingsworth, Sports Complex Manager, presented the request. Commissioner Maxcy questioned if the concession stand would be open for league or tournament plays. Mr. Ellingsworth stated that it would only be for tournaments. Commissioner Jackson questioned if they would be using High School Organizations. Commissioner Maxcy commented that he would like to think outside the box and involve some of the school organizations to offer them an opportunity to run the concession stand during tournaments and receive a profit. Commissioner Maxcy commented that they would like Beef O’ Brady’s because they are a professional organization and it can bring a lot to the box. Commissioner Stewart questioned if the concession stand was going to bring in a lot of money. Vicki Pontius, Parks & Recreation Director, commented that the original plan was approved by the Board to have it contracted out. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to award a contract to Beef O’ Brady’s to provide concessions at the upcoming tournaments until we put out a request for proposal and pay the county 10% of the gross profits. Ross Macbeth, Board Attorney, commented that they want to modify the motion to have the termination date when the county has decided upon a replacement. Commissioner Stokes commented that he would like to modify his motion to state “until the proposal is approved”. Commissioner Bates questioned the wording of gross profits. Commissioner Stewart commented that she would like the motion to reflect the change of gross profits to gross sales. Commissioner Stokes commented that he would like to put that in his motion and the second accepted. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 26.

3. Request approval to close RK Butler Campground. Vicki Pontius, Parks & Recreation Director, presented the request. Commissioner Stokes commented that he would like to close it for night camping and leave the boat ramp and picnic area open in the day time. Ms. Pontius commented that if the campground portion is going to be shut down then she would suggest turning the power off but then the bathrooms will not be operating because they are powered by a well which requires power. Commissioner Stokes commented that he would like to keep the restrooms open and shut off the power in the mobile home to see if vandalisms continues. Ms. Pontius commented that she doesn’t have a person to go out everyday to clean the restrooms. Commissioner Maxcy concurred with Commissioner Stokes with leaving the bathrooms open to the public. Ross Macbeth, Board Attorney, suggested in removing the mobile home since it’s being vandalized and commented on leaving the bathrooms open. Ms. Pontius commented if the bathrooms remain open

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they are going to continue to camp. Carl Cool, County Administrator, suggested putting no camping signs up. Commissioner Stokes commented he would like to try it and see what happens. Public input was received from Rick Engler. Commissioner Stewart commented on the safety issues at the campground and commented on contracting someone in the Okeechobee area to clean the restrooms. Commissioner Jackson commented that he would suggest shutting everything off and maintaining only the boat ramp. Commissioner Maxcy commented that he would like to have restrooms and put up signs to state “no overnight camping”. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to close it and leave it open only as a boat ramp. Upon roll call, all Commissioners voted aye, except Commissioner Stokes and Commissioner Maxcy, who voted nay. Motion carried. See SMB 56 Page 27. Lunch 12:46 P.M. – 2:05 P.M.

E. Development Services Director: Discussion regarding DCA Settlement Agreement. Jim Polatty, Development Services Director, presented the request and noted additional changes to the proposed settlement agreement. Rick Engler commented on an issue he had with CPA-04-309LS. Attorney Bert Harris gave his perspective on phasing. Drew Phypers, the applicant, commented on his position on phasing. Mr. Harris commented on how phasing will work with concurrency management and commented that it’s a bad policy for the county. Rhon Ernest-Jones commented that it would simplify things if the projects which agreed to phasing would be listed separately. Mr. Polatty commented that he would like to send up the whole package and see if the Department of Community Affairs will approve it. Mr. Phypers commented that he would like to have the whole package sent to the Department of Community Affairs. John Barben, the applicant, commented that they have agreed to go with phasing. Joe Davis, Jr., the applicant, commented on his position of phasing. Ross Macbeth, Board Attorney, explained the phasing process and the reason for it. Commissioner Stewart commented that we are at the end of the process and go with what has been presented and not make any changes and move forward. Commissioner Jackson commented that he would like it to be sent “as is” to the Department of Community Affairs. Commissioner Stokes commented that he would like to hear each group and go with their needs. Commissioner Maxcy commented that they will move on as to what staff has recommended. Commissioner Maxcy commented that the next subject is the Performance-Based Septic Tank Systems. Mr. Polatty presented this policy. Joe Davis, Jr., the applicant, commented that he needs clarification on the new policy. Attorney Macbeth questioned if this was going to require a setback of 150 feet. Mr. Polatty commented the 150 feet is optional. Attorney Macbeth commented on the revisions that he would like to Mr. Davis’ property in item number one on page 15 of 55. Commissioner Maxcy commented to take a break so the wording can be worked on by the County Attorney and staff. Break 3:50 P.M. – 4:07 P.M Cont’d discussion regarding DCA Settlement Agreement. Commissioner Maxcy asked if an agreement has been made. Attorney Macbeth commented on the revisions to the conditions in the policy. Frank Crupta, Environmental Health Director for the Highlands County Health Department, commented on the variance process. Mr. Polatty commented on minor revisions to the table and changes to the policy. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the proposed settlement with the changes in this memo and with other changes as approved by the County Commission and with changes by the County Attorney. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 28.

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F. Request approval of budget amendment 06-07-262.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve budget amendment 06-07-262. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file & SMB 56 Page 29. 6. WORKSHOP: Workshop on Avon Park Airport Ordinance. Jim Polatty, Development Services Director, presented the request. Gloria Loungeway, from Wilbur Smith Associates, gave an explanation on the Airport Height and Safety Zone Maps. Duane Neiderman, Planner, commented that Florida Statutes provides provisions on schools. Commissioner Stewart commented that she would like to know what current activities that are in the public interest would be affected. Public input was received from John Tallent who spoke in opposition of this issue. Ms. Loungeway discussed option number 6 item C. Warwick Furr, representing Roland L Dilley & Son, Inc., presented his request. Mr. Polatty commented that the County Commission could also adopt another option regulating those structures such as towers that would affect airplanes coming in and that they are in violation of all those approach zones. Ms. Loungeway commented that the study is expected to be kicked off in September and wrapped up in November or December. Mr. Polatty commented that the big question is what is Wilbur Smith, Associates and the City of Avon Park doing about the Runway Protection Zone. Ms. Loungeway commented on their plan. Mr. Polatty questioned what would be the affect on the Avon Park municipal airport. Ms. Loungeway commented on the effects. Attorney Furr commented that he would like the Ordinance to comply with Florida Statutes and have a Joint Airport Board. Ross Macbeth, Board Attorney, read Florida Statute 333.03 to the Board. Commissioner Stewart commented that it’s up to the elected officials to make the decisions and would like to form an Interlocal Agreement with the Avon Park City Council in accordance with Chapter 163. Attorney Macbeth commented if the Board proceeds in that manner, an Interlocal Agreement needs to be adopted and appoint an Airport Zoning Commission to recommend the boundaries of the various zones to be established and regulations to be adopted. Commissioner Maxcy commented that he would like a joint meeting with the City of Avon Park. See SMB 56 Page 30. 7. WORKSHOP: Workshop on Capital Financial Strategy. Carl Cool, County Administrator, presented the Capital Financial Strategy and the implementation rate of impact fees. Commissioner Jackson commented that there needs to be a plan in the future to raise it. Commissioner Stokes commented that he would not be in agreement in raising the impact fees. Commissioner Maxcy commented that he’s in agreement in keeping the rate at 25% this year. Commissioner Stewart commented that she didn’t see the reasoning in not raising it to 35%. Mr. Cool commented that he needed a consensus from the Board. Commissioner Stewart commented that the consensus was that four of the Commissioners want to keep it the way it is and one wants to increase it. Mr. Cool commented on the need of adopting a Resolution stating what the impact fees will be in the upcoming year. He also asked the Board to take a look at the Opticom GPS Priority Control System in their packet which will reduce the response time for emergency services and also consider improvements to the animal control facilities. Commissioner Stewart commented that it’s not responsible to increase the impact fees each fiscal year by 10%. Commissioner Bates asked what direction is being given to staff for subsequent years. Commissioner Jackson commented that he would like to see some options. Mr. Cool commented that he can show the Commission the options if they decide to keep it at 25% or increase it by 10%. Commissioner Maxcy instructed staff to bring those options back to the Board. See SMB 56 Page 31. 8. CITIZENS NOT ON THE AGENDA No participants.

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9. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Stewart: Commissioner Stewart commented on the Central Florida Planning

Council meeting she attended this past week. Commissioner Bates: No report. Commissioner Maxcy: Commissioner Maxcy commented that he has received phone calls on

Lake Denton and he instructed staff to get with the Sheriff’s office on how many traffic citations were given and he asked the Commission to be prepared for more discussion on Lake Denton.

10. ADJOURN The meeting adjourned at 6:20 P.M.

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REGULAR MEETING OF THE BOARD, AUGUST 21, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by David Flowers, Director of Facilities Management. The Pledge of Allegiance was led by Pam Cross, Finance Officer for the Clerk of Courts. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings:

Aug 22 10:00 a.m. HC Long Range Transportation Committee 501 S. Commerce Ave., Engineering Training Room, Sebring, Florida

Aug 22 11:30 a.m. Heartland Rural Health Network, Inc., Board of Directors

Highlands Regional Medical Center, 3600 S. Highlands Ave, Sebring, Florida

Aug 22 10:00 a.m. E-911 Communication Committee Desoto City Fire Station 19, 6800 W. George Blvd., Sebring, Florida

Aug 22 2:00 p.m. HC Housing Advisory Committee Ag-Center, #2, 4509 George Blvd., Sebring, Florida

C. Other meetings: The Professional Services Acquisition Committee has a meeting scheduled

for Wednesday, August 22, 2007 at 3:00 p.m. at 600 S. Commerce Avenue, Room #251, Sebring, Florida. The Parks & Recreation Advisory Committee will have a meeting on Thursday, August 23, 2007 at 2:30 p.m. at 505 S. Commerce Avenue, Engineering Training Room, Sebring, Florida. The Hospital District Board has meeting scheduled on Thursday, August 23, 2007 at 1:15 p.m. in the Board of County Commission Chambers located at 600 S. Commerce Avenue, Sebring, Florida. The opening ceremony for the Ball Field Complex is scheduled for Saturday, August 25, 2007 at 8:00 a.m. and the public is invited. Ramon Gavarrete, County Engineer, announced a road closing on the intersection of Kenilworth Boulevard & Highlands Avenue and S. Commerce Avenue on Friday, August 24, 2007 at 9:00 a.m. for continued work on the railroad crossing. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits August 21, 2007.

General Fund 237,512.84 County Transport Trust 36,282.45

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Local Govt Infra Surtax 77,298.08 Tourist Dev Trust Fund 523.47 Affordable Housing Asst 53,536.86 Hurricane Housing Rec Pro 33,600.00

Sebring Parkway Maint 850.00 State Court Facilities TF 29,502.00

Court Tech 28.24(12)(E)1 80.00 Building Fund 1,210.40 HCISSRB Construction Fund 65,467.66 Solid Waste 4,978.23

Placid Utilities 2,830.56 Highway Park Utility 502.43

Risk Retention Fund 146.83 Tax Deed Surplus Fund 9,301.98 B. Request to accept into the record the Third Quarter Quarterly Report. See SMB 56 Page

32. C. Request approval of the minutes of the board meetings for July, 16, 17, and 24, 2007. See

Clerk of Courts website. D. Request approval of a new position description for County Extension Director

Commercial Horticulture Agent II, III or IV. See SMB 56 Page 33. E. Request approval of a Notice of Nuisance on CE 06110127, 131 Vision St., Lake Placid, Florida. See Subdivision file. F. Request approval of a Release of Nuisance on Case Number CE 06080166, 3170 W. Shula

Rd., Avon Park, Florida. See Subdivision file. G. Request to write off a $36.20 scale ticket charged against J.E. Futch’s account in error.

See SMB 56 Page 34. H. Request approval of Florida Combined Life Insurance Company, Inc. ASO Dental

Administration Fee Structure. See SMB 56 Page 35 & Dental Plan file. I. Request approval to accept and record the executed warranty deed for Grand Placid on

Lake Clay Subdivision. See SMB 56 Page 36 & County Deed file. J. Request approval to submit the application for a Habitat Conservation Planning Grant

for Highlands County to the US Fish and Wildlife Service (US FWS) in cooperation with the Florida Fish and Wildlife Conservation Commission (FL FWCC). Clarification of grant budget and use of Conservation Trust Fund for the 25% County match. This item was moved to the action agenda.

K. Request approval to issue temporary Certificates of Occupancy for three (3) dwelling units awaiting a variance from the Zoning Department. See SMB 56 Page 37.

L. Request approval of a Sponsorship for the Heartland Riders Association, Inc. for the AMA Southeast Regional Convention and 4th Annual Run to the Heartland in the amount of $10,000.00. See SMB 56 Page 38 & Tourist Development Council file.

M. Request approval of Sponsorship for the USS Highlands Reunion in the amount of $840.00. See SMB 56 Page 39 & Tourist Development Council file.

N. Request approval for boat ramp improvements – Viola & Carrie and budget amendment 06-07-263. See SMB 56 Page 40 & Budget Amendment 2007 file.

O. Request approval of the Joint Funding Agreement between Highlands County and the U.S. Geological Survey for a study of the hydrogeology of the surficial, intermediate and Floridan Aquifer Systems in Highlands County. See SMB 56 Page 41 & U.S. Geological Survey file.

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P. Request to approve the (Libraries) State Aid Application and Agreement. See SMB 56 Page 42 & Library file.

Q. Request approval of budget amendments 06-07-261; 264; 265. See SMB 56 Page 43 & Budget Amendment 2007 file.

Sherry Trombley commented on the flooding problems at the new Maronda Homes Development in the Sun N’ Lake of Sebring area. Commissioner Maxcy commented that he has been assured by the Sun N’ Lake Board of Supervisors that they are going to look into the problem and get it fixed. 5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried. AA. Approval of Qualified Target Industry Tax Refund Program Resolution & the Brownfield Redeveloped Bonus Refund Resolution. Carl Cool, County Administrator, and Louise England, of the Highlands County Economic Development Commission, presented the request. Ross Macbeth, Board Attorney, commented on typographical errors that needed to be corrected. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to adopt both Resolutions. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 106.

A. Director of Facilities Management: 1. Request approval of a fee change for the Agri-Civic Center rentals.

David Flowers, Director of Facilities Management, presented the request. Commissioner Stokes questioned what was the prior damage deposit amount. Mr. Flowers commented that it was $150.00. Commissioner Bates commented that he has noticed that the deputy assistance for traffic control has been removed. Mr. Flowers commented that this was removed a couple years ago. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to adopt the proposed rate structure and rental rules for the Highlands County Agri-Civic Center including the elimination of the traffic control paragraph. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 44.

2. Request approval to waive the Board purchasing policies to establish the Winsulator Corporation as a sole source provider and approve the expenditure of $52,703.00 for 194 window renovations at the old courthouse.

David Flowers, Director of Facilities Management, presented the request. Commissioner Maxcy questioned if they have looked at changing the windows in the Government Center. Mr. Flowers commented that he wants to install the windows at the courthouse first and run a timeline on it and come up with significant data that can be tracked and apply it towards this building. Commissioner Stewart questioned if there was a contract with Energy Savings System for the old courthouse. Mr. Flowers commented that they do have a contract but the contract has not been implemented because they were waiting on this to be approved first. Commissioner Stewart commented on her concerns. Mr. Flowers commented on the deterioration of the windows at the old courthouse. Commissioner Stewart commented that she is taking the opportunity to ask him to put together a grant application with the Legislative Delegation for funding to work on the windows for courthouse improvements. Mr. Flowers stated that he would do it. Commissioner Bates questioned the life expectancy of the material. Mr. Flowers commented that they are guaranteed for 25 years. Public input was received from Joseph Eck. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to proceed with this project and waive our purchasing policies in order to establish Winsulator Corporation as a sole source provider and approve the expenditure of $52,703.00 for 194 window renovations at the old courthouse.

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Commissioner Stewart commented for clarification for the public they are waiving the purchasing policies and establishing them as sole source because they are the only ones that produce these products. Mr. Flowers commented that this is correct. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 45.

B. Discussion on Lake Denton Boat Ramp. Vicki Pontius, Parks & Recreation Director, commented on the improvements which were done last year and her observations at the Lake Denton Boat Ramp. Norma Wiggins commented on the flooding of the road and mulch in the lake due to the overflowing water due to the flooding of the road and she provided photographs to the Board to become part of the permanent record. Paul Blackman, Captain for the Highlands County Sheriff’s office, updated the Board of their activity at the Lake Denton Boat Ramp for the past 5-6 months. Commissioner Bates questioned the outcome of the citations. Capt. Blackman commented that two were dismissed because the county did not provide representation when the ticket was contested in court so they were thrown out and the other four have been paid. Dave Simpson, resident of Lake Denton, presented a brief power point presentation on the ongoing Lake Denton problems and requested that the Board close the lake for two years so a solution can be reached. Erin McCarta, Lakes Management Technical Assistant, commented she would hate to see this lake closed because it’s a very popular lake for diving and maybe regulating the amount of people that are allowed to be on the lake on a day or week by purchasing a parking sticker would solve some of the problems. Commissioner Stewart commented that Ms. McCarta is unaware of the past history of the problems at this lake which have been ongoing for a number of years. Commissioner Maxcy commented that these issues have been going on for a number of years. Public input was received from Bill Jackson, Joseph Eck and Steve Roberts. Sheriff Susan Benton commented on other options to solve the problems at the Lake Denton Boat Ramp. Commissioner Maxcy commented that something needs to be done for the safety of the public. Ross Macbeth, Board Attorney, commented that the photos shown today do not show any unlawful activities and the problems heard today are that there are too many people using the facility at one time and the Board may need to restrict the number of people allowed to use the lake at one time. Mr. Simpson commented that this has been an ongoing problem for the past three years and he commented on other problems at the boat ramp such as parking in the middle of the street and nudity and he asked if the Board needs photos he would bring them in and again requested the Board to close the lake for two years and work on implementing a plan with the Sheriff’s office and the local divers. Commissioner Stewart commented that the parking area was only to accommodate 8 – 10 parking spaces and now this 40 foot boat ramp is trying to be turned into a major beach facility and it’s not appropriate. She also commented that everyone is losing the fact that this parking is temporary since the parking area is going to be utilized as part of the Sebring Parkway Phase III so anything that is done for parking is a going to be a temporary fix and it should be temporarily closed. Commissioner Stokes commented he would be agreeable to closing the boat ramp since the public is not being responsible and the divers are putting the boaters at risk. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to close the boat ramp for one year from the 1st of September. Commissioner Stewart commented that this decision will force the Board to resolve these issues and problems and come up with some long term solutions. Commissioner Maxcy questioned if they were leaving it open to boating traffic. Commissioner Stewart stated no. Sheriff Susan Benton commented that she needs to know exactly what is being closed so they can enforce the law. Commissioner Maxcy commented that the motion was to close the 40 foot right-of-way to Lake Denton for one year to any traffic. Commissioner Stewart commented that this was not her motion and her motion was to close that public access on the east side of Lake Denton and if someone wants to use another entry way into the lake that’s not the Board’s issue. Public input was received from Joseph Eck, Mike Waldron and Ken Melvin. Commissioner Stewart commented that she

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wanted to clarify her motion and her motion was to close it for one year while they looked for a permanent long range solution. Carl Cool, County Administrator, commented that the motion needs to be amended so it’s clear to the Sheriff’s office to say “to change the allowed parking areas on the east side of Lake Denton road so the mulch area is no longer an allowed parking area and designate that 40 foot strip from the western edge of Lake Denton Road to the lake as a no trespassing sign” and then put up the concrete barriers to keep the public from parking. Commissioner Jackson commented that he would like the motion to be amended to state “that the lake would be temporarily closed so the problems could be worked out.” Commissioner Stewart commented that’s why she suggested closing it for one year so they have a deadline so they actually would look at a solution. Commissioner Jackson commented that he hates to see it closed for an entire year. Commissioner Bates recommended looking at some type of permitting for parking and diving. Commissioner Maxcy commented that he would like to shut it down for one year and take a year to figure it out and have a sign put up that states “closing temporarily for one year”. Commissioner Bates commented that he would like to hear the motion that they are voting on. Commissioner Stewart commented that her motion was “to close the public access for one year on the east side of Lake Denton which is the 40 foot right-of-way and to have it noticed with no trespassing signs and in addition, the mulched area parking be designated “no parking”. “In addition, instruct staff to develop a long range permanent plan for utilization of this site and/or other access to Lake Denton and have it begin on September 10, 2007.” Upon roll call, all Commissioners voted aye, except Commissioner Bates and Commissioner Jackson, who voted nay. Motion carried. See Lake Denton file. Break 11:25 A.M. – 11:38 A.M.

C. Discussion on Sun ‘n Lake Improvement District’s response regarding the County’s request for Sun ‘n Lake Improvement District to do an internal audit.

Carl Cool, County Administrator, presented the request. Al Greishaber, Jr., General Manager for the Sun ‘n Lake Improvement District, commented there will be an additional amount of money set aside in their 2008 budget for an internal audit if approved by the Board of Supervisors. Commissioner Maxcy commented that he received a petition with 400 names from the Sun ’n Lake of Sebring residents and property owners requesting an internal audit of the district and presented it to the Board to become part of the permanent record. Public input was received from Bill Jackson, Larry Stange, Rusty Carino, Joseph Eck, Joe Rapp and Dawn Leonard who spoke in support of an internal audit. George Puffenberger commented that whatever decision the Board of Supervisors makes on some exceptions will be contested and protested. Commissioner Jackson stated that an internal audit can be a management tool and make a lot of things better and strongly recommends that it be done. Mr. Cool reminded the Board that they had a Resolution adopted asking them to conduct an internal audit. Commissioner Stewart commented that she would support the internal audit and presented the Board with a letter from Purvis Gray & Company to become part of the permanent record. Commissioner Maxcy requested the Board of Supervisors of Sun ‘n Lake to reconsider an internal audit for the upcoming year. Commissioner Jackson commented that the consensus of the Board is to have the internal audit sooner than later. Commissioner Maxcy commented that he will open it back to the public on the consensus of the Board. Public input was received from Joe Eck. Commissioner Stewart asked for clarification on an internal audit and time periods. Pam Cross, Deputy Clerk, commented that a specific time period for an internal audit can be requested. Commissioner Maxcy commented that he would like to bring it back to the Board for a consensus. Commissioner Stewart commented that the consensus of the Board is to instruct staff to send a letter to the Board of Supervisors applauding them for their effort to go forth with the audit. See SMB 56 Page 46.

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D. Request approval to submit the application for a Habitat Conservation Planning Grant

for Highlands County to the US Fish and Wildlife Service (US FWS) in cooperation with the Florida Fish and Wildlife Conservation Commission (FL FWCC). Clarification of grant budget and use of Conservation Trust Fund for the 25% County match.

Jim Polatty, Development Services Director, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to authorize staff to submit application for the Habitat Conservation Plan Grant and further direct staff to put $10,000.00 into next year’s budget to cover the cash match. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 47.

E. County Engineer: Request approval of a contract with Architectural Design Group, Inc. for professional services for Architectural Design and Engineering of the Sheriff’s Office Law Enforcement Facility, RFP No. 07-044; Project No. 06045.

Carl Cool, County Administrator, presented the request. Ramon Gavarrete, County Engineer, presented the request and gave the Board a final draft of the contract for the Board’s review and asked the Board to approve the proposed contract pending getting all signatures. Chairman Maxcy will not be asked to sign this contract today until all other signatures are obtained. Commissioner Stewart questioned the square footage amount. Mr. Gavarrete addressed her question. Commissioner Stewart questioned if the soil condition is going to be a problem. Mr. Gavarrete addressed her concern. Mr. Cool commented that they are not anticipating any unstable soils. Commissioner Stewart questioned if the county is going to be responsible for hiring someone for the interior design. Sheriff Susan Benton commented that they anticipated doing this internally. Commissioner Stewart commented that professional firms are required to carry professional liability insurance and this firm is charging the county for their professional liability insurance as a separate line item in the amount of $58,000.00. Mr. Gavarrete commented that this figure had to be negotiated with the firm. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the contract with Architectural Design Group, Inc., for professional services for architectural design and engineering of the Sheriff’s Office Law Enforcement Facility, RFP No. 07-044 and Project No. 06045. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 56 Page 48 & Sheriff’s office file.

F. County Administrator: 1. Discussion on the Capital Financial Strategy.

Carl Cool, County Administrator, presented the request and requested the construction money for the Sheriff’s office to be moved over to fiscal year 08/09. Commissioner Maxcy commented that the consensus of the Board was to move it over to fiscal year 08/09. Mr. Cool presented the impact fees section of the Capital Financial Strategy to the Board. Tim Mechling, Budget Manager, presented the Board with a list of projects that have been changed. Mr. Cool gave the Board an overview of projects that have been taken off the list. Commissioner Stewart commented on the possibility of raising the impact fees. Mr. Mechling commented on the overall fund balance. Commissioner Stewart commented that she would like to know which projects in fiscal year 06/07 have not been started. Mr. Cool commented that builders are reducing their prices and some are being forced into foreclosure. Commissioner Jackson commented that he can be persuaded to raise the impact fees to 30% this year and 10% each year thereafter. Commissioner Stewart commented that she would be agreeable to raising it to 30%. Commissioner Maxcy commented that he is not agreeable to increasing the impact fees. Commissioner Bates commented that the Board needs to take a more realistic approach. Commissioner Maxcy commented that this is overwhelming and he wants to slow the growth down in this county and he would like to round table this issue and come up with other options. Commissioner Stokes commented that a round table discussion is going to be a waste of time.

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Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to go to 30% on the impact fees for the next year. Upon roll call, all Commissioners voted aye, except Commissioner Stokes and Commissioner Maxcy who voted nay. Motion carried. Mr. Cool commented that the impact fees will go to 30% in fiscal year 07/08. Commissioner Stewart commented she would like to go up 5% every year on the impact fees. Commissioner Bates commented that the Board needs to address what is going to happen in the future. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to use the assumption for the next five years at a 5% increase annually. Mr. Cool asked if they could use the same assumption for the next 10 years. Commissioner Bates commented that it was fine. Upon roll call, all Commissioners voted aye, except Commissioner Stokes and Commissioner Maxcy, who voted nay. Motion carried. Mr. Cool commented that they will bring back a revised Capital Financial Schedule for the Board to review. See SMB 56 Page 49. 6. CITIZENS NOT ON THE AGENDA No participants. 7. COMMISSIONERS

Commissioner Stewart: No report. Commissioner Bates: No report. Commissioner Stokes: No report. Commissioner Jackson: No report. Commissioner Maxcy: No report.

8. ADJOURN The meeting adjourned at 2:12 P.M.

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REGULAR MEETING OF THE BOARD, AUGUST 28, 2007

1. The meeting was called to order at 9:03 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ramon Gavarrete, County Engineer. The Pledge of Allegiance was led by Harold Linville, of the Disabled American Veterans. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of a Weekly Report of Courts Services for the week ended August 24, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 57 Page 1.

B. Upcoming County Meetings: No meeting notices were submitted for August 28, 2007 through September 3, 2007. County offices will be closed on September 3, 2007, in observance of the Labor Day holiday.

C. Other meetings: The Highlands Housing Advisory Committee is having a meeting at the Agri-

Civic Center located at 4509 George Boulevard, Conference Room #2, Sebring, Florida on Wednesday, August 29, 2007 at 9:00 a.m. The Natural Resources Advisory Commission will meet on August 29, 2007 at 4:00 p.m. at the Engineering Training Room located at 501 S. Commerce Avenue, 2nd Floor, Sebring, Florida. The Okeechobee Coalition is having a meeting on September 14, 2007, at 10:00 a.m. at the Civic Center in Okeechobee. Carl Cool, County Administrator, commented on the meeting he attended last night at the Avon Park City Council and they voted not to assess any charges to government buildings inside the city or fire assessments and they approved the motion to adopt the fees they were considering. 4. CONSENT AGENDA: Commissioner Maxcy declared a conflict of interest on Consent Agenda item “B”. A Memorandum of Voting Conflict was entered into the record. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to approve Consent Agenda Item “B”. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve the Consent Agenda, less item “B” which was already approved and less Budget Amendment 06-07-275 and 06-07-280 under item “I” and “J” which were moved to the action agenda for consideration. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Request approval to pay all duly authorized bills and employee benefits August 28, 2007. General Fund 126,442.06

County Transport Trust 8,728.82 FL Boating Improvement 19,341.70

Local Govt Infra Surtax 182,952.47 Tourist Dev Trust Fund 1,527.19 Comm Development Block 83,757.60 Affordable Housing Asst 28,255.40 Home Initiatives Partner 109.80 Hurricane Housing Rec Pro 126,461.11 Sebring Law Enforcement 10,570.00

Sebring Parkway Maint 192.34 Court Tech 28.24(12)(E)1 8,837.52

Building Fund 1,349.00 HCISSRB Construction Fund 88,353.62 Solid Waste 79,265.28

Placid Utilities 287.56 Employee Benefit Fund 3,560.62 Tax Deed Surplus Fund 61,241.27 B. Request of the 2007-2008 Motorola Service Contract Price Adjustment. See Motorola

Contract file & SMB 57 Page 2. C. Request approval to waive a Code Enforcement Violation #CE 07020065 at 118 Zion

Street, Lake Placid, Florida for Ms. Virginia Jones. See SMB 57 Page 3. D. Request approval to write off a delinquent receivable for the Employee Benefit Fund. See

SMB 57 Page 4. E. Request approval to consider adoption of the corrected Resolution that was approved on

June 26, 2007 to close a portion of Fred Place of Lake Anoka Beach Subdivision. See Res. Book 20 Page 107 & SMB 57 Page 5.

F. Request approval to accept and record the Warranty Deed, Partial Release of Mortgage and Corrective Satisfaction of Mortgage for the Winslow Warehouse, Section 14, Township 37, Range 29, commercial development’s dedication of right-of-way. See Winslow Warehouse file & SMB 57 Page 6.

G. Request approval of a Resolution to establish a Public Hearing to consider closing a portion of an unnamed Road as follows: the North 50 feet of the East ½ of the South East ¼ of Section 31, Township 36 South, Range 30 East, Highlands County, Florida. See Res. Book 20 Page 108 & SMB 57 Page 7.

H. Request approval of a Resolution to establish a Public Hearing to consider closing the forty-foot wide platted street adjacent to the East boundary lines of Farm Lots 12-15, map of Suburban Tracts and Farms of DeSoto, Florida according to the map or Plat thereof recorded in Plat Book 3, Page 21 of the Public Records of DeSoto (now Highlands) County, Florida and Transcript Book Page 20, of the Public Records of Highlands County, Florida, lying between the South right-of-way line of the East-West platted road adjacent to the North boundary lines of Farm Lots 15 and 16 of said subdivision and the North right-of-way line of the East-West road adjacent to the South boundaries of Farm Lots 12 and 19 of said subdivision. See Res. Book 20 Page 109 & SMB 57 Page 8.

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I. Request approval of budget amendments 06-07-266; 268; 275; 279. Budget Amendment 06-07-275 was moved to the action agenda. See Budget Amendment 2007 file & SMB 57 Page 8.

J. Request approval of budget amendment 06-07-280. This item was moved the action agenda.

K. Request approval of Resolution & budget amendments 06-07-269; 271; 277. See Res. Book 20 Page 110, Budget Amendment 2007 file & SMB 57 Page 10.

Harold Linville, of the Disabled American Veterans, presented the Commission with Designation of Kentucky Kernel certificates from the Governor in Kentucky. 5. PUBLIC HEARING: Public Hearing to consider and Ordinance to list Historic Structures William Swann, Chairman of the Highlands County Historic Preservation Commission, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Bates commented that the Ordinance only named ten structures not fifteen. Mr. Swann addressed his question. Commissioner Jackson questioned that he would like to know how the structures are considered historical. Mr. Swann commented that any building over fifty years old. Commissioner Stewart commented that she would like to know who enforces it. Mr. Swann commented that Highlands County Historic Preservation Commission enforces it. Carl Cool, County Administrator, commented that he has letters from the current land owners that they are in agreement with this proposed designation. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the Ordinance. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 57 Page 11. Commissioner Stokes presented Mr. Swann with some old photographs of the Jacaranda. Mr. Swann commented that he would have the photos framed and displayed at the Jacaranda. 6. PUBLIC HEARING: Public Hearing to request a Notice of Lien on CE 06010205, 9135 Mare

Path, Sebring, Florida. Beverly Singley, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 7. PUBLIC HEARING: Public Hearing to request a Notice of Lien on CE 07010222, 109

Washington St., Lake Placid, Florida. Beverly Singley, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Jackson declared a conflict of interest as this is a client of his. A Memorandum of Voting Conflict was entered into the record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained. Motion carried. See Subdivision file. 8. PUBLIC HEARING: Public Hearing to request a Notice of Lien on CE 06010122, 165 E.A.

Smith Ave., Lake Placid, Florida. Beverly Singley, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart,

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seconded by Commissioner Stokes, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 9. PUBLIC HEARING: Public Hearing to request a Notice of Lien on CE 06110230, 160 Zion

St., Lake Placid, Florida. Eddie Conklin, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 10. PUBLIC HEARING: Public Hearing to request a Notice of Lien on CE 06080272, 1727

Citadel St., Lake Placid, Florida. Eddie Conklin, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 11. PUBLIC HEARING: Public Hearing to request a Notice of Lien on CE 06060244, 105

Kemper Terr., Okeechobee, Florida. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. Commissioner Stewart commented that she would like an update on the closing of the lien process. Ross Macbeth, Board Attorney, commented that he has a complaint which is ready to be filed with all the cases which have been collected. Commissioner Stewart asked for the Board to be briefed on how many cases were involved and the costs. Ms. Hartseil announced that Code Enforcement will be doing a state-wide site clean up on September 29, 2007. 12. PUBLIC HEARING: Public Hearing to consider adoption of a Resolution vacating Lake

Byrd Boulevard bounded on the West by the Southerly extension of the West line of South East ¼ of the North East ¼ of Section 9, Township 33 South, Range 28 East and bounded on the East by the Westerly right-of-way line of U.S. Highway No. 27, all being and lying in Section 9, Township 33 South, Range 28 East, Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Robert Livingston, representing Dr. Chen, commented that they have no objection and questioned if the road has been inspected by the county and meets county specifications. Mr. Gavarrete stated yes. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to adopt a Resolution vacating Lake Byrd Boulevard bounded on the West by the Southerly extension of the West line of South East ¼ of the North East ¼ of Section 9, Township 33 South, Range 28 East and bounded on the East by the Westerly right-of-way line of U.S. Highway No. 27, all being and lying in Section 9, Township 33 South, Range 28 East, Highlands

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County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 111 & SMB 57 Page 12. 13. PUBLIC HEARING: Public Hearing to consider adoption of a Resolution vacating the

Northwest 10 feet, the Northeast 10 feet and the Southeast 10 feet of Lot 30, Block 18, Highlands Park Estates, Section B, according to the Plat thereof, recorded in Plat Book 4, Page 68 of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Rick Whidden, representing the applicant, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Resolution to vacate the easement as described as the northeast 10 feet, the Northeast 10 feet and the Southeast 10 feet of Lot 30, Block 18, Highlands Park Estates, Section B, less and except the Southwest 10 feet of Lot 30, Block 18, Highlands Park Estates, Section B, according to the plat thereof recorded in Plat Book 4, Page 68 of the Public Records of Highlands County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 112 & SMB 57 Page 13. 14. PUBLIC HEARING: Public Hearing to consider adoption of a Resolution to vacate a 15 foot

wide Utility Easement, lying on the South side of Lot 24, Block F, of Spring Lake, Village VIII, according to the Plat thereof recorded in Plat Book 11, Page 8, of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Resolution to vacate the easement as described as a 15 foot wide utility easement, lying on the south side of Lot 24, Block F, of Spring Lake, Village VIII, according to the plat thereof recorded in Plat Book 11, Page 8, of the Public Records of Highlands County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 113 & SMB 57 Page 14. 15. PUBLIC HEARING: Public Hearing to consider adoption of a Resolution to vacate an

Easement described as the North 10.00 feet of Lot 8, Block 20, Placid Lakes, Section Nineteen according to the Plat thereof as recorded in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida and the South 10.00 feet of Lot 8, Block 20, Placid Lakes Section Nineteen, according to the Plat thereof as recorded in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Rick Whidden, representing the applicant, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Resolution to vacate an Easement described as the North 10.00 feet of Lot 8, Block 20, Placid Lakes, Section Nineteen according to the Plat thereof as recorded in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida and the South 10.00 feet of Lot 8, Block 20, Placid Lakes, Section Nineteen, according to the Plat thereof as recorded in Plat Book 9, Page 14 of the Public Records of Highlands County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 114 & SMB 57 Page 15. 16. PUBLIC HEARING: Public Hearing to consider adoption of a Resolution to vacate an

Easement described as the South 7.5 feet of Lot 1, the North 7.5 feet and the South 7.5 feet of Lots 2-7, the North 7.5 feet of Lot 8 of Sun‘n Lake Estates of Sebring, Unit 4, according to the Plat thereof recorded in Plat Book 15, Page 65 of the Public Records of Highlands County, Florida.

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Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned if they had Sun‘n Lakes Estates approval in writing. Mr. Gavarrete commented that he has received letters with no objections. Commissioner Stewart asked if they were asked to review it in regard to drainage. Mr. Gavarrete commented that their engineer, Dale Polston, sent a letter where they approved the easements which are being vacated today. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 115 & SMB 57 Page 16. 17. PUBLIC HEARING: Public Hearing to consider adoption of a Resolution to vacate an

Easement described as the South 7.5 feet less the West 7.5 feet of Lot 1, Block 74, Orange Blossom Country Club Community, Units 13 through 19 inclusive, according to the Plat thereof recorded in Plat Book 10, Page 6 of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 116 & SMB 57 Page 17. Break 10:24 A.M. - 10:36 A.M. 18. PUBLIC HEARING: Three (3) zoning changes, two (2) large scale plan amendments, are on

the Board of County Commissioners Agenda for August 28, 2007. These agenda items were heard by the Planning and Zoning Commission/Local Planning Agency on January 8/9, 2007, and August 14, 2007.

1A) OLD BUSINESS: HEARING #CPA-07-404LS – SUNRISE LIMITED INC.

Approximately 27 acres located behind the Oak Hill Cemetery West of St. John Street and North of U.S. 27 in Lake Placid, and abbreviated legal as follows: Located in Sec.30, Twp. 36S, Rge. 30E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (High Density Residential.)

1B) HEARING #1898 – SUNRISE LIMITED INC. Legal description as stated above (Item #1A.) Request: A zoning change from AU (Agricultural) to R-3 PD (Multiple Dwelling district with a Planned Unit Development) and B-3 (Business district.) Applicant desires to construct work force housing.

Jim Polatty, Development Services Director, presented a revised Resolution to the Board and a letter from the Town of Lake Placid to become part of the permanent record. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned what are they asking the Board to approve. Mr. Polatty commented the applicant is asking to approve an R-3 PD and a B-3 PD. Ross Macbeth, Board Attorney, commented on some concerns of how the Resolution was written. Commissioner Stewart commented that she would like to know what is the difference between the Resolution which was handed out and the Resolution in her packet. Mr. Polatty advised the Commission of the changes. Mr. Polatty suggested transmitting the Comprehensive Plan and tabling the zoning to give the applicant the chance to work on this to bring back a complete plan. Commissioner Stewart commented that she would like some of the inconsistencies in the Resolution to be addressed and clarified by the applicant and have it resubmitted in the proper form. Public input was received from Debra Worley and Ray Royce. Commissioner Stewart commented that she would like to clarify that the applicant originally applied for an assisted living facility and now it’s been changed to

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workforce housing. Commissioner Jackson asked if they have required anyone to annex in the past. Ross Macbeth, Board Attorney, commented that it hasn’t happened in the past but it could happen. Mr. Polatty asked the applicant if she would be agreeable to being annexed. Rafat Ghaznavi, the applicant, commented that she would agree voluntarily. Commissioner Stewart commented that she would be agreeable to approving the Comprehensive Plan Amendment today but not ready for a motion since there are a number of conditions that needs to be changed reflecting what has been discussed today. Commissioner Maxcy commented that he would like staff to get together and work on the conditions and have this issue heard at the end of the public hearings. 2) HEARING # 1911 – TOMOKA HOMEOWNERS ASSOCIATION C/O THOMAS CONLON Approximately 1.38 acres located on the South side of the County wastewater treatment

plant in Tomoka Heights Subdivision and abbreviate legal as follows: Approximately 1.38 located in Sec. 25, Twp. 36S, Rge. 29E, Highlands County, Florida. Request: A zoning change from I-2 CU (Industrial district with a Conditional Use) to I-2 CU (Industrial district with A Conditional Use). The Conditional use will be to store recreational vehicles (Boats, RVs, etc.) for the homeowners of Tomoka Heights.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Thomas Conlon, representing the applicant, presented the request. Commissioner Stewart commented that she would like the Resolution revised in Section “1” to read “Industrial District with conditional use; the conditional use being the storage of recreational vehicles, vessels and trailers for the exclusive use by the homeowners of Tomoka Heights.” Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt by Resolution P&Z 1911 amending the zoning atlas for 1.38 acres from I-2 CU (Industrial District with a conditional use) to I-2 CU (Industrial District with a conditional use) to accommodate the storage of recreational vehicles, vessels and trailers for the exclusive use by the homeowners of Tomoka Heights, referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners aye. Motion carried. See Comprehensive Plan file & Res. Book 20 Page 117. 3) HEARING # 1916 - ANGELA VALTEAU

Approximately 1/4 acres located on Hopkins Avenue, West of Highlands Boulevard in Sun ‘N Lake Acres, Lake Placid, Florida and legally described as follows: Lot 21 of Harris Sun ‘N Lake Mobile Estates, as recorded in Plat Book 9, Page 67, of the Public Records of Highlands County, Florida. Request: A zoning change from M-1 (Mobile Home Subdivision District) to M-1-S (Mobile Home and Residential Subdivisions District.) Applicant desires to construct a single family dwelling.

Jim Polatty, Development Services Director, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve and adopt by Resolution P&Z 1916 amending the zoning atlas for 0.29 acres from M-1 (Mobile Home Subdivision) to M-1-S (Mobile Home and Residential Subdivision District), referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan file & Res. Book 20 Page 118. 4) PUBLIC HEARING: CPA-07-438LS – URBAN SERVICES BOUNDARY AND URBAN

SERVICES AREA Establishing a growth management policy through the use of a hierarchy of urban service boundary and urban service area; and development tiers to guide the development of land within these designated boundaries/areas. Pursuant to F.S. 163.3177

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Jim Polatty, Development Services Director, recommended to pull this item from the agenda and bring it back to the Board. Commissioner Maxcy commented that the consensus of the Board was to bring it back. Commissioner Stewart commented that she would like to workshop this issue. See Comprehensive Plan file. Commissioner Stewart commented that she wanted to make a correction to a statement she made last week on the dollar amount that would represent the increase on impact fees from 25% to 30% and she computed the increase incorrectly. The actual increase for a home from the 1500 to 2499 square foot range would be approximately $464.00 and didn’t want to mislead anyone. Commissioner Maxcy commented that this discussion would continue later on in the agenda. Lunch Break 11:56 A.M. – 1:17 P.M. Cont’d of Public Hearing: 1A) OLD BUSINESS: HEARING #CPA-07-404LS – SUNRISE LIMITED INC.

Approximately 27 acres located behind the Oak Hill Cemetery West of St. John Street and North of U.S. 27 in Lake Placid, and abbreviated legal as follows: Located in Sec.30, Twp. 36S, Rge. 30E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (High Density Residential.)

1B) HEARING #1898 – SUNRISE LIMITED INC. Legal description as stated above (Item #1A.) Request: A zoning change from AU (Agricultural) to R-3 PD (Multiple Dwelling district with a Planned Unit Development) and B-3 (Business district.) Applicant desires to construct work force housing.

Commissioner Maxcy commented that the meeting is being reconvened to go over the revisions of the conditions. Jim Polatty, Development Services Director, presented the Board with a list of conditions to review. Rafat Ghaznavi, the applicant, requested the Board to transmit this application. Commissioner Stewart stated that she would like the word “densities” added in condition number “11” if appropriate and that she was very uncomfortable with the units per acre. Public input was received from Rick Engler and Ray Royce in opposition to this request. Commissioner Jackson commented that he would like to move the process along. Commissioner Stewart commented that she doesn’t feel comfortable sending things up to the Department of Community Affairs incomplete. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to table CPA-07-404LS to the Board of County Commission meeting on November 27, 2007 at 9:00 a.m. Mr. Polatty questioned if this motion was to continue both until November. Commissioner Stewart commented yes and she should have stated “CPA-07-404LS and P&Z”. Mr. Polatty commented that if this is done this would be essentially delaying everything until 2008. Commissioner Stewart commented that she would like to do a motion to disapprove CPA-07-404LS and hearing number 1898. Motion dies for a lack of a second. Commissioner Stokes questioned if the applicant realized what was happening. Ms. Ghaznavi commented that she understands and she is not willing to withdraw her request. Commissioner Stokes commented that there was a motion to table this issue. Commissioner Stewart commented that she withdrew her motion. Commissioner Stokes commented that he still has his second on the first motion so where do they go from here. Commissioner Maxcy questioned what was reflected in the record as to the first motion which was made. Bob Jamison, Deputy Clerk, commented that this motion was not transcribed, just electronically recorded. Commissioner Maxcy commented that the prior motion was to table it with a second from Commissioner Stokes. Commissioner Stewart commented that the

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motion was to table it to November 22, 2007 at 9:00 a.m. or as soon thereafter. Ross Macbeth, Board Attorney, questioned if this was for both hearings. Commissioner Stewart stated yes. Commissioner Maxcy commented that he would like the motion restated for the record. Motion by Commissioner Stewart, move to table CPA-07-404LS and hearing number 1898 to the Board of County Commissioners meeting on Tuesday, November 27, 2007 at 9:00 a.m. or soon thereafter as possible. Commissioner Maxcy commented that they have a motion with a second by Commissioner Stokes and no discussion is allowed on a tabled motion. Commissioner Jackson commented that he would like to know what happens to this time wise. Commissioner Maxcy stated that before this is discussed further that the rule says if there is a motion that is tabled with second, there’s no discussion even for the point of information. He requested that the motion and the second be withdrawn so questions can be addressed. Commissioner Stewart commented that she would like to withdraw her motion to table. Commissioner Stokes also withdrew his second. Commissioner Jackson questioned what is going to happen to this project time wise. Mr. Polatty commented on the timeline if this project is tabled. Commissioner Stewart questioned if everything was off the table so she could make another motion. Commissioner Bates commented that he would like to see a strong commitment from the applicant and a well prepared site plan and come back in November to see if they can move forward. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to table CPA-07-404LS and hearing 1898 to the 22nd of January, 2008 at 9:00 a.m. or soon thereafter before the Board of County Commissioners. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan file. 19. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve the action agenda with the addition of a Committee for Lake Denton, an addition of Budget Amendment 06-07-275 and 06-07-280, an addition of approval of waiving dumping fees for the Caladium Festival, and with the elimination of item D. “1”. Upon roll call, all Commissioners voted aye. Motion carried. A. Interim EMS Director: Request to change use of Capital Funds Sue Kimmel, Office Manager of EMS, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the purchase of six 12-lead monitors with capnography for a total of approximately $92,000.00 and, in addition, utilize $25,000.00 to purchase an extrication tool for the Sebring rescue vehicle. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 57 Page 18. B. County Engineer:

1. Report on proposed improvements for the intersection of Memorial Drive/Valerie Blvd. & Hammock Rd./Lakewood Ave.

Ramon Gavarrete, County Engineer, gave a power point presentation on the proposed improvements for the intersection of Memorial Drive/Valerie Blvd. & Hammock Rd./Lakewood Avenue. He commented that they are in process of a conversion of the intersection of Memorial Drive/Valerie Blvd. into a four-way stop scheduled for September 12, 2007 and pursue a contract with Chastain-Skillman for this intersection. Commissioner Bates commented on the importance of going forward with this four-way stop. Mr. Gavarrete commented that they are preparing message boards to warn the public of the upcoming changes. Commissioner Maxcy commented if any action was needed today on this issue. Mr. Gavarrete commented he will be coming back with budget amendments and agreements for Board to approve and that he wants to warn the public of the upcoming improvements.

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Commissioner Stewart read the recommendation from the Long Range Transportation Committee into the record. She also commented that she would like to see quotes from the private sectors. Mr. Gavarrete commented that he would get with a couple of folks that they do business with and get some quotes. See SMB 57 Page 19.

2. Request approval of Budget Amendment 06-07-275 and 06-07-280. Ramon Gavarrete, County Engineer, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve budget amendments 06-07-275 and 06-07-280. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file & SMB 57 Page 20. C. Human Resources Director & Assistant Human Resources Director: Request approval of

Domestic Violence Leave Policy John Minor, Human Resources Director, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the Domestic Violence Leave Policy as recommended by the Human Resources Department. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 57 Page 21. D. County Administrator: 1. Request approval of FY 06-07 IT Budget Issue reclassification & request for additional

funding. This item was pulled from the agenda. See SMB 57 Page 22.

2. Request approval of budget amendments 06-07-273;274;278 decreasing Fund 005 Reserve for Contingency.

Carl Cool, County Administrator, commented that he would like to remove budget amendment 06-07-274 and would request approval of budget amendments 06-07-273 and 06-07-278. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve budget amendment 06-07-273 and budget amendment 06-07-278. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file & SMB 57 Page 23.

3. Discussion on the Capital Financial Strategy. Carl Cool, County Administrator, gave an overview of the Capital Financial Strategy and provided the Board with a second scenario and recommended the Board to consider it. Commissioner Stokes questioned construction of old state road 8. Ramon Gavarrete, County Engineer, commented that they are still working with the consultant. Commissioner Stewart commented that she has a lot of questions and would like to a have a workshop. Mr. Cool commented that a Resolution needs to be adopted in September to set the rate of the impact fees and a decision needs to be made on the impact fees today. Commissioner Stewart commented that direction needs to be given to Mr. Cool on the impact fees. Commissioner Jackson commented that he would like to go up 5% yearly on the impact fees. Commissioner Maxcy stated that he can’t agree. Commissioner Stewart commented that she agrees with Commissioner Jackson and is in agreement with it increasing 5% yearly and revisit this issue on a yearly basis. Commissioner Bates commented that he would be agreeable with the 5% increase yearly. Commissioner Stokes commented that he would not be agreeable. Commissioner Maxcy commented that the consensus of the Board is to go with the increase. Mr. Cool commented that he assumed the Board made a decision that the School Board impact fees would be raised to 55% on January 1 and go up 5% each year thereafter. Commissioner Jackson commented that he assumed wrong. Mr. Cool commented that he would correct it and put it back at 50%. Commissioner Maxcy commented that he

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would like a workshop set next week to go over all these items on the Capital Financial Schedule. See SMB 57 Page 24.

4. Request to waive dumping fees for the Caladium Festival.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to approve this request. Upon roll call, all Commissioners voted aye. Motion carried.

5. Discussion of Lake Denton Committee Commissioner Maxcy commented that he would like to establish a Committee on the Lake Denton issues. Commissioner Jackson commented that he would like to have some objective people on the Committee. Commissioner Stewart commented that she doesn’t think it’s a good idea to place staff on this Committee. Carl Cool, County Administrator, asked the Commission to not appoint any county employee as a voting member on any Committee. Commissioner Stewart commented that she would like staff to define the problem and get the information together. Mr. Cool commented that he would like to utilize the same steps which were used at the goal setting sessions facilitated by Mr. Todd. Commissioner Maxcy commented that he would like to appoint Commissioner Bates to form this Committee. Commissioner Stokes commented that he would like to go forward with a Committee with the right kind of people. Commissioner Bates commented that he would prefer the Chairman or the Commission as a whole appoint a Committee member. Commissioner Stokes commented that he would like each Commissioner to appoint a member. Commissioner Maxcy advised the Board to come back next week with their appointee for the Lake Denton Boat Ramp Committee. 20. CITIZENS NOT ON THE AGENDA No participants. 21. COMMISSIONERS:

Commissioner Maxcy: Commissioner Maxcy reported to the Board on his meeting that he had with the Sun ‘n Lakes Board of Supervisors last Friday and they adopted a Resolution to conduct an internal audit at the district’s expenses utilizing an auditing firm approved by the Board of County Commissioners. He also had a request for the Board to consider meeting them half way on the price of this internal audit. Commissioner Stokes stated no. Commissioner Jackson questioned how much money are they talking about. Commissioner Stewart asked Bob Jamison, Deputy Clerk, to give them a general idea of the cost. Mr. Jamison commented that it could cost from anywhere between $20,000.00 - $70,000.00 and it all depends on the scope of the audit. Commissioner Maxcy commented that they are going to want to know the definition of a full internal audit and what is the scope. Ross Macbeth, Board Attorney, commented that they need to determine what is going to be audited. Mr. Jamison commented that he would recommend a risk assessment on the types of functions and financial areas which they believe that have the highest risk. Commissioner Jackson questioned how long it takes to perform a risk analysis. Mr. Jamison commented that they would have to spend around a month to determine a meaningful risk analysis which can be translated into a spec. Commissioner Maxcy commented that he wanted to advise the Commission of his meeting.

Commissioner Stewart: Commissioner Stewart commented on the meeting she attended on the 4H Annual Banquet.

Commissioner Bates: Commissioner Bates stated that the Caladium Festival was very successful.

Commissioner Jackson: No report.

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Commissioner Stokes: Commissioner Stokes commented that he overheard at the Complex that hotel reservations went up 40% last week.

22. ADJOURN The meeting adjourned at 3:51 P.M.

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REGULAR MEETING OF THE BOARD, SEPTEMBER 4, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Charles Kruger, past Commander of the VFW 3880 in Lake Placid. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming

Sept 4 3:00 pm Highlands Soil & Water Conservation District #3, Ag-Center, 4509 George Blvd., Sebring, Florida

Sept 4 7:00 pm Construction Licensing, Enforcement & Appeals Board

Board room, 600 S. Commerce Ave., Sebring, Florida

Sept 5 1:30 pm Professional Services Acquisition Committee #251, 600 S. Commerce Ave., Sebring, Florida

Sept 6 2:00 pm Veteran’s Advisory Board 7205 S. George Blvd., Sebring, Florida Sept 6 3:00 pm Road Committee 4344 George Blvd., Sebring, Florida Sept 6 5:30 pm 1st Public Budget Hearing Boardroom, 600 S. Commerce Ave.,

Sebring, Florida Sept 8 8:00 am Lake Tulane Clean Up – Lunch provided to

volunteers call HC Natural Resources #402-6545 for info.

321 Tulane Circle, Avon Park, Florida

Sept 10 9:00 am HC Homeowner’s Association, Inc. Sebring Country Estates Clubhouse, 3240 Grand Prix Dr., Sebring, Florida

Carl Cool, County Administrator, commended staff for working hard in negotiating with Blue Cross & Blue Shield on the proposed health insurance contract for next year and announced that the health insurance for employees who purchase benefits for their families will not increase.

C. Other meetings: Tourist Development Committee is having a meeting on Thursday, September 6, 2007, at 8:15 a.m.

D. Presentation: Assistant County Administrator: Recognition of Highlands County Board of County Commissioners’ General Services/Purchasing Department’s third National Purchasing Institutes (NPI) 2007 Achievement of Excellence in Procurement Award (AEP).

Rick Helms, Assistant County Administrator, presented the Purchasing Department with a 2007 Achievement of Excellence in Procurement award. Gerald Secory, Purchasing Director, accepted the award. See SMB 57 Page 26.

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4. CONSENT AGENDA: Commissioner Bates made a correction to the August 7, 2007, regular board meeting minutes. Rick Helms, Assistant County Administrator, pulled item “D” from the agenda. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the agenda with those changes. Ross Macbeth, Board Attorney, commented that Mr. Helms has made some corrections to consent agenda item “C”. Mr. Helms then advised the Board of the corrections to consent agenda item “C”. Attorney Macbeth commented on other revisions that needed to be made to all those contracts. Mr. Helms stated that he would like to remove item “C” from the agenda at this time so the revisions can be addressed with the consultant. Commissioner Maxcy commented that he would like the first motion withdrawn and have it restated. Commissioner Jackson stated he would withdraw his motion. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the consent agenda with deleting items “C”, “D” and the revision to the August 7, 2007 regular board minutes. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits September 4, 2007.

General Fund 701,294.03

County Transport Trust 53,985.59 Law Library Trust Fund 1,798.89

Local Govt Infra Surtax 332,428.66 Comm Development Block 21,760.00 Affordable Housing Asst 36,042.85 Home Initiatives Partner 50,000.00 Hurricane Housing Rec Pro 2,885.62 Sebring Parkway Maint 100.00 Court Tech 28.24(12)(E)1 297.25

Building Fund 1,163.83 HCISSRB Construction Fund 1,586.01 Solid Waste 63,144.36

Placid Utilities 2,722.13 Highway Park Utility 87.51 Risk Retention Fund 3.79 Employee Benefit Fund 1.13 B. Request approval of board meeting minutes of August 7, 14, and 21, 2007. A revision was

made to the 8/7/07 regular board meeting minutes per Commissioner Bates. See Clerk of Courts website.

C. Request approval of Contracts for Continuing Services (3) with RWA, Inc., for inclusion in the Library of Consultants. This item was pulled from the agenda. See RWA, Inc. file.

D. Request approval of Contracts for Continuing Services (3) with Tindale-Oliver and Associates, Inc. This item was pulled from the agenda. See Tindale-Oliver and Associates file.

E. Request approval of Satisfaction of Mortgage(s) per attached list. See Satisfaction of Mortgage file.

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F. Request approval of Amendment 1 to Agreement OT050887 with South Florida Water Management District for Lake Istokpoga Canal Maintenance Dredging and Sediment Removal. See South Florida Water Management District file & SMB 57 Page 27.

G. Request approval of Resolutions & budget amendments 06-07-283; 284. (No Resolutions were included for approval) See Budget Amendment 2007 file & SMB 57 Page 28.

5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried. AA. Patricia M. Steed, Executive Director, Central Florida Regional Planning Council:

Presentation on “Heartland 2060”. Patricia M. Steed, Executive Director of the Central Florida Regional Planning Council, invited the Commission and public to the Heartland 2060 which is scheduled on September 19, 2007 at 9:00 a.m. at the South Florida Community College. See SMB 57 Page 29. A. Parks & Recreation Director:

1. Request approval of fees at the Sports Complex. Rocky Ellingsworth, Sports Complex Manager, presented the request. Commissioner Stewart questioned if people that are not part of any organized league are allowed to play on the fields. Mr. Ellingsworth commented that they are allowed to use the facility with the purchase of the $25.00 card. Commissioner Stewart questioned if the Recreation and Parks Advisory Committee looked into a reduced fee for people under the age of 18. Mr. Ellingsworth stated no. Commissioner Stewart questioned if a family rate was discussed with the Recreation and Park Advisory Committee. Mr. Ellingsworth stated that they discussed it but concluded with charging $25.00 per person. Commissioner Stewart questioned if the softball fields require reservations to practice. Mr. Ellingsworth stated that they have to reserve it but if no one is on the fields then it would be first come first served. Commissioner Stewart questioned the hours of operation. Mr. Ellingsworth commented that the hours would vary depending on scheduled events. Commissioner Stewart commented that she would like a weekly schedule posted so the public would be aware of the hours of operation. Mr. Ellingsworth commented that he would post it for the public. Commissioner Stewart questioned if the green space can be utilized for whatever they want. Mr. Ellingsworth stated as long as it’s just bats and balls. Public input was received from Conda Ruckman, Robert Saffold and Barbara Walker. Commissioner Stewart commented that there is no other facility for the children in the Washington Heights neighborhood for them to play ball. Vicki Pontius, Parks and Recreation Director, commented that they do have the Lincoln Heights Baseball Complex behind the School Board office for the kids to use. Commissioner Maxcy suggested allowing everyone to use the Sports Complex free for a couple of months to see how many people go out to use the fields. Commissioner Jackson commented that they need to be very careful on maintenance and being able to get fields ready for tournaments and leagues. Clay Gooch, Road and Park Advisory Committee member, commented on his experience with maintaining baseball complexes in the past and commented on the decision made by the Road and Park Advisory Committee. Commissioner Bates questioned if there are any maintenance issues to upgrade the other facility to make it more attractive. Ms. Pontius commented that the Lincoln Heights Baseball Complex is being used by the kids and hasn’t received any complaints that it’s inadequate. Commissioner Bates questioned if that field is maintained regularly. Ms. Pontius commented that it is maintained by the Parks & Recreation staff. Barbara Walker from the public commented that the

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Lincoln Heights Baseball Complex is always closed. Commissioner Maxcy instructed staff to get with Ms. Walker on this issue. Commissioner Stokes commented that this item has been discussed in length and would like to move forward and document the walk-ins and bring it back to the Board in a couple of months. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the fees for the Sports Complex. Commissioner Stewart stated if this is approved today that she would like a commitment from Mr. Ellingsworth to keep track of calls, requests and comments received from the public. She instructed staff to check on the Lincoln Heights issue and make sure it’s open to the public and post a list of scheduled events so the public is aware when the Sports Complex is open. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 57 Page 30. Break 10:00 a.m. – 10:10 a.m.

2. Request approval of Recreation & Parks Advisory Committee recommendation – City of Avon Park Durrah-Martin Complex & budget amendment 06-07-288.

Vicki Pontius, Parks and Recreation Director, and Maria Sutherland, from the City of Avon Park, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve the RPAC recommendation to expend up to $75,000.00 from the infrastructure account for improvements to the Durrah-Martin complex for the City of Avon Park. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 57 Page 31.

3. Request approval of Recreation & Parks Advisory Committee recommendation – Highlands County/Sebring Youth Football concession/restroom facility and budget amendment 06-07-288.

Vicki Pontius, Parks & Recreation Director, and Joe Collins, Coach for the Sebring Youth Football, presented the request. Don Maddox, Coach for the Sebring Youth Football, gave a history of the Sebring Youth Football. Merritt O’Brien, Chairman of the Recreation & Parks Advisory Committee, endorsed this project. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the RPAC recommendation to expend up to $125,000.00 from the infrastructure account for a concession/restroom building at the Highlands County Sports Complex, along with accompanying paperwork. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 57 Page 32 and Budget Amendment 2007 file. B. OMB Director: Discussion of Capital Financial Strategy. Bernis Gainer, OMB Director and Carl Cool, County Administrator, presented the request. Commissioner Bates commented that he is uncomfortable with approving the Capital Financial Strategy without an explanation and a better understanding on all the revenues. Commissioner Maxcy commented that this item can be postponed to be discussed in length at the end of the agenda or have a workshop next week and consensus of the Board was to have it postponed to be discussed at the end of the agenda. C. Benita Whalen, South Florida Water Management District: Presentation on the Northern

Everglades and Estuaries Protection Plan. Gary Ritter, Lead Environment Scientist from the South Florida Water Management District, gave a brief power point presentation on the Northern Everglades and Estuaries Protection Plan. Commissioner Bates requested a status report on Lake Okeechobee. Mr. Ritter commented that the levels are at 9.6 – 9.7. Commissioner Stokes requested a status report on Lake Istokpoga. Mr. Ritter

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gave a report to the Board on Lake Istokpoga. Commissioner Maxcy thanked Mr. Ritter for his presentation. See SMB 57 Page 33. D. Patricia M. Steed, Executive Director, Central Florida Regional Planning Council:

Presentation on “Heartland 2060”. This item was heard previously in item AA in the beginning of the action agenda. . E. Board Attorney: Request approval of an Interlocal Agreement for fuel depot. Carl Cool, County Administrator, presented the request. Ross Macbeth, Board Attorney, explained the particulars of the Interlocal Agreement to the Board. Commissioner Stewart commented that she would like an estimate of any additional costs which are going to be incurred by the County. Mr. Cool commented that he didn’t have these numbers for the Board. Commissioner Maxcy commented that he would like to postpone discussion on this item until the arrival of Paul Sparks, Garage Manager for the Highlands County School Board. Commissioner Maxcy commented that he would like to discuss the Lake Denton Committee while they wait for Mr. Sparks to arrive. Commissioner Jackson nominated Jack Richie. Commissioner Stokes nominated Dave Simpson. Commissioner Bates nominated Jack Richie and Terry Brookholder. Commissioner Stewart questioned who is Mr. Brookholder. Commissioner Bates commented that he is a 65 year old retiree, experienced diver and holds a Business degree. Commissioner Stewart nominated Charles Lambright, formerly employed by the Property Appraiser’s office. Commissioner Maxcy nominated Ken Melvin and Ray Napper. Commissioner Bates commented that he had a couple discussions with people at the Lake Denton Baptist Camp who would like to meet with the Committee to offer comments and suggestions. Commissioner Stewart also nominated Nadine Tedstone. Commissioner Stewart requested that the Committee meet in the evenings after 5:00 p.m. Commissioner Bates commented that he didn’t mind the meetings in the evenings but didn’t want to commit to have all of them in the evenings. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to appoint the following people to the Lake Denton Boat Ramp Committee: Dave Simpson, Jack Richie, Charles Lambright, Terry Brookholder, Nadine Tedstone, Ray Napper and Ken Melvin. Commissioner Stewart commented that she would like to have Commissioner Bates be the Chairman of that Committee for administrative purposes. Ross Macbeth, Board Attorney, stated that would have to be done under a separate motion and he could be a liaison and a non-voting Chairman who is just an administrative head. Commissioner Stewart stated that she would prepare another motion on that issue. Upon roll call, all Commissioners voted aye. Motion carried. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move that Commissioner Bates be the liaison and a non-voting member to this Committee and be the chair for administrative purposes in running the meetings. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Maxcy advised Commissioner Bates to gather up staff and let them know that they have been appointed to this Committee. Cont’d discussion of approval of an Interlocal Agreement for fuel depot. Commissioner Maxcy advised the Commission to ask their questions now that Paul Sparks, Garage Manager, and David Solomon, Transportation Coordinator, were present. Commissioner Jackson questioned the age and condition of the tanks and whether any studies were done. Mr. Sparks commented that all the tanks are fiberglass and all passed inspections. Commissioner Bates questioned the age of the tanks. Mr. Sparks commented that the tanks were put in 1991. Commissioner Bates

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questioned if there are any additional environmental tests required. Mr. Sparks stated no. Commissioner Jackson questioned if a cleanup is required in the future, would the expense be shared equally. Mr. Sparks commented that all three parties would share the responsibility for the cleanup. Commissioner Stewart questioned item number “2” in the agreement and would like an estimate of the improvements discussed in item number “2” over the next five years. Mr. Sparks stated that it would be hard to give her estimate at this time. Commissioner Stewart questioned item number “3” in the agreement. Mr. Sparks addressed her question. Commissioner Bates asked Ross Macbeth, Board Attorney, if he was satisfied with this agreement. Mr. Macbeth stated yes. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the proposed Interlocal Agreement. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stewart commented that she would like to instruct staff to come back with project costs over the next five years which would identify the estimated capital and operational costs and an estimate of the usage of the Avon Park fuel site. See School Board file & SMB 57 Page 34. F. County Administrator: Commissioner Maxcy commented that he wanted to put together a Committee for the selection of a new County Administrator. Commissioner Stewart questioned the objective of a Committee. John Minor, Human Resources Director, gave the Board the role of what the Committee could be doing. Commissioner Stewart commented that she would strongly favor hiring a firm to assist in hiring a new County Administrator and was opposed to a Committee. Commissioner Bates commented that he would be agreeable to a Committee and the hiring of a firm. Commissioner Stokes concurred with Commissioner Bates. Commissioner Jackson commented that he would like to go forward with setting up a Committee. Commissioner Maxcy commented that he would be in favor of a Committee so the public is involved. Commissioner Stokes questioned if they could suggest a name from each district to serve on the Committee. Commissioner Maxcy instructed the Board to come up with a name from each district and submit them to him and he would like to appoint Commissioner Stokes as liaison to the Committee. Commissioner Bates commented that they should layout what the committee is expected to do. Commissioner Maxcy instructed staff to come back to the Board in two weeks with a list of consulting firms and invite them to do a presentation. Lunch Break 12:22 p.m. – 1:38 p.m. Cont’d of OMB Director: Discussion of Capital Financial Strategy. Carl Cool, County Administrator, presented the Capital Financial Strategy Fund Balance, Appropriations and other Funding Sources. Commissioner Maxcy questioned if anyone had any questions on the first page of the Capital Financial Strategy. Commissioner Bates questioned the section called “Remaining balances not allocated”. Mr. Cool commented that these are impact fees. Commissioner Stewart asked how the 3% growth in building permits was determined. Tim Mechling, Budget Manager, commented that the 3% growth factor is based on history. Mr. Cool explained to the Board how projects are prioritized in the Transportation section of the Capital Financial Strategy. Commissioner Stewart questioned the rational of spending money on the George Boulevard Extension. Ramon Gavarrete, County Engineer, commented that this is to provide safe access to U.S. 27. Commissioner Stewart asked if Tractor Road is permitted. Mr. Gavarrete stated yes. Commissioner Stewart commented that she would like staff to get with the City of Avon Park and the Avon Park City Council to help identify transportation issues. Commissioner Stewart commented

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that she would like an explanation on the construction of Flare Road in Fiscal Year 14/15. Mr. Gavarrete addressed her concerns. Commissioner Stewart questioned when Old State Road 8 is going to be completed. Mr. Gavarrete commented that this is going to be completed in June of next year. Commissioner Maxcy instructed the Board to move to the Park & Recreation/Utilities section for discussion. Commissioner Stewart questioned if impact fees are being used for Parks & Recreations. Mr. Mechling stated no. Commissioner Maxcy instructed the Board to move to the General Government section for discussion. Commissioner Maxcy requested an explanation on the County Annex Building projects. Mr. Mechling commented that this was discussed at the last meeting and they are moving forward with land purchases in that area. Commissioner Stewart commented that they need to look at the Supervisor of Elections office very closely. She questioned if the money allocated was for the design of this building. Mr. Cool commented that these are funds for a new design of a new Supervisor of Elections building. Commissioner Stewart requested a status on the Veterans building. Mr. Gavarrete commented on the status on the construction of the Veterans building. Commissioner Maxcy instructed staff to come back at the end of the month with an update on this project. Commissioner Stewart questioned the purpose for the parking lot project. Mr. Gavarrete commented that this is being done for more organized parking. Commissioner Maxcy instructed the Board to move to the Solid Waste section for discussion or any comments on the Capital Financial Strategy. Commissioner Bates thanked the staff for all their hard work. Mr. Cool asked if the Board was ready to adopt the Capital Financial Strategy. Commissioner Stewart commented that she would like staff to clean up the Capital Financial Strategy and bring it back to the Board in a final form for adoption. Ross Macbeth, Board Attorney, commented that the inconsistencies in the road resurfacing projects need to be addressed before anything is sent to the Department of Community Affairs. Commissioner Maxcy instructed staff to come back to the Board next week for further discussion and possible adoption. See SMB 57 Page 35. 6. CITIZENS NOT ON THE AGENDA No participants. 7. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Stewart: No report. Commissioner Bates: No report. Commissioner Maxcy: No report.

8. ADJOURN: The meeting adjourned at 3:50 P.M.

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PUBLIC HEARING OF THE BOARD, SEPTEMBER 6, 2007

1. The meeting was called to order at 5:35 P.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Rick Helms, Assistant County Administrator. The Pledge of Allegiance was led by Bob Jamison, Deputy Clerk. 3. Public Hearing statement read by the Chairperson to identify the millage rate and the

purpose of the Public Hearing. 4. Budget presentation by staff Bernis Gainer, OMB Director, gave a power point presentation, briefly outlining the proposed budget. Commissioner Maxcy requested a number to be placed on the Medicaid increase. Mr. Gainer commented that the current limit was $55.00 per patient and increase is estimated at $189.00 per patient. Commissioner Stewart questioned if this reflects the latest information from the special session. Mary Foy, Acting Director for Human Services, commented that the estimates are prior to the special session. 5. Public Hearing open to public input discussion and comments. Public input was received from Earl Hunt, Bob Street, Gilman St. Pierre, Dawn Hunt, and Jane Hunt expressing their discontent about the increases in their property taxes. Commissioner Maxcy commented that the Property Appraiser sets the evaluations not the County and the County has decreased the millage and budget. Commissioner Maxcy requested staff to answer the public’s question how the ball field was funded. Carl Cool, County Administrator, stated that the money came from the one penny sales tax. Commissioner Stewart questioned where the money came from on the Sebring Parkway. Mr. Cool stated that most of the money for the Sebring Parkway was from the one penny sales tax, grants and impact fees. Commissioner Stewart questioned when the item for the Board Attorney, Sheriff’s building and the Supervisor of Elections is going to be discussed. Bernis Gainer, OMB Director, commented that these are Capital Financial Strategy decisions that the Board needs to address. Mr. Cool commented that the Board requested additional information on the Board Attorney. Commissioner Stewart commented that they didn’t have time to review it before tonight’s meeting. Commissioner Maxcy commented that he would like to discuss the Board Attorney issue at next Tuesday’s meeting. Commissioner Jackson commented that he would like to discuss it next week. Commissioner Bates commented that the proposed budget is somewhat less than the report given last week. Mr. Gainer commented that this is just a projection and it’s not finalized. Commissioner Bates questioned if the millage rate would be lowered. Mr. Cool commented that the millage rate would not be impacted. See SMB 57 Page 38.

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6. Motions for adoption of FY 2007-2008 Resolutions. Must be done in sequential order as listed:

A. Millage Resolution Adoption Commissioner Maxcy presented the request and read the Resolution into the record. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to adopt the Millage Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 122.

B. Tentative Budget Resolution Commissioner Maxcy presented the request and read the Resolution into the record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to adopt the Tentative Budget Resolution. Commissioner Jackson commented that the number was different in his Resolution. Ross Macbeth, Board Attorney, commented that the correct number is $160,938,997. Commissioner Stewart questioned if this was exclusive of the Special Districts. Mr. Cool stated yes. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See Res. Book 20 Page 123.

C. Adoption of Special Benefit Assessment District’s Budget Resolution Commissioner Maxcy and Ross Macbeth, Board Attorney, presented the request and read the Resolution into the record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the Resolution read into the record by the Chairman and County Attorney and all the attachments. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 124.

7. Adjournment The meeting adjourned at 6:36 P.M. Commissioner Maxcy allowed Marie Keaney from the public to speak after adjournment on her concerns regarding her property taxes. Commissioner Maxcy instructed staff to get with Ms. Keaney on her concerns. The meeting adjourned at 6:45 P.M.

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REGULAR MEETING OF THE BOARD, SEPTEMBER 11, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

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 Bates. 3. Moment of silence in observance of Patriot’s Day. 4. ANNOUNCEMENTS

A. Clerk

Pam Cross, Deputy Clerk, presented a report of the Clerk of Courts Monthly Report of Business Services for August, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 57 Page 39.

B. Upcoming County Meetings:

Sept 11 3:00 pm Planning & Zoning Commission & the Local Planning Agency & Zoning Board of Adjustment

Board room, 600 S. Commerce Ave., Sebring, Florida

Sept 12 7:30 am Board of Directors for the Industrial Development Authority & the Economic Development Commission

Board room, EDC Office, 2113 US 27 S., Sebring, Florida

Sept 13, 2007 County Offices will be closed in observance of the Rosh Hashanah holiday Sept 17 7:00 pm Highway Park Neighborhood

Preservation & Enhancement District Council meeting

114 Cloverland St., Lake Placid, Florida

Sept 18 5:30 pm Final Budget Hearing Board room, 600 S. Commerce Ave., Sebring, Florida

C. Other meetings: The Valerie Blvd. and Memorial Drive four-way stop will be activated on

September 12, 2007 between the hours of 10:00 A.M. – 11:00 A.M. and everyone should use caution at this intersection. The Local Planning Agency will meet in Lake Placid on Monday, September 17, 2007 at 5:00 P.M. The Ten County Coalition will meet on Thursday, September 14, 2007 at 10:00 A.M. at the Okeechobee Civic Center. 5. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits September 11,

2007.

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General Fund 809,477.44

County Transport Trust 36,116.16 Intergovt Radio Comm 1,046.41 Legal Aid 3,598.82 Local Govt Infra Surtax 68,932.33 Tourist Dev Trust Fund 15,973.41 Comm Development Block 31,000.00 Affordable Housing Asst 5,809.53 Hurricane Housing Rec Pro 2,652.80 Sebring Parkway Maint 600.00

Building Fund 1,647.24 HCISSRB Construction Fund 652.23 Solid Waste 44,087.04

Placid Utilities 1,389.54 Highway Park Utility 107.03 Energy Recovery 3,923.05 Risk Retention Fund 12,272.31

Employee Benefit Fund 11.76

B. Request approval of a waiver of the County’s Purchasing Policy regarding the purchasing of goods and services for security enhancements of the Highlands County Courthouse. See SMB 57 Page 40 & Sheriff’s file.

C. Request approval of Contracts for Continuing Services (3) with RWA, Inc., for inclusion in the Library of Consultants. See SMB 57 Page 41 & RWA, Inc. file.

D. Request approval of Contracts for Continuing Services (3) with Tindale-Oliver and Associates, Inc. See SMB 57 Page 42 & Tindale-Oliver & Associates, Inc. file.

E. Request approval to declare attached County property as Surplus, Fixed Asset No. PR1025, 1992 mobile home located at 9-Mile Grade, waive two-step Surplus Disposal process, and allow said Surplus to be disposed of by going out for Formal Written Offers (FWO). See SMB 57 Page 43.

F. Request approval of FDLE Volunteer & Employee Criminal History System – Contract for Services. See SMB 57 Page 44 & Florida Department of Law Enforcement file.

G. Request to accept into the record the 2006 SHIP Annual Report. See SMB 57 Page 45 & SHIP file.

H. Request approval of the 2007/2008 Hazards Analysis Grant. See SMB 57 Page 46 & Emergency Management file.

I. Request Certification of Non Ad Valorem Assessment Roll for Solid Waste Assessment. See Res. Book 20 Page 125.

J. Request approval of a Notice of Nuisance on Case No. CE 06120038, 144 E.A. Smith Ave., Lake Placid, Florida. See Subdivision file.

K. Request approval of a Notice of Nuisance on Case No. CE 07050189, 25 Basin St., Lorida, Florida. See Subdivision file.

L. Request approval of a Release of Nuisance on Case No. CE 06010185, 3606 Paradise Dr., Sebring, Florida. See Subdivision file.

M. Request approval of a Release of Nuisance on Case No. CE 06010186, 3612 Paradise Dr., Sebring, Florida. See Subdivision file

N. Request approval of Local Agency Program (LAP) Supplemental Agreements: F.M. #412566-1 and F.M. #407994-1: Landscaping US 27 in Lake Placid and Resolution for

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each authorizing signatures. See Res. Book 20 Page 126 & 127, SMB 57 Page 47 & Florida Department of Transportation file.

6. PUBLIC HEARING: Public Hearing to consider an Ordinance amending subsections A. and

B. of Section 2.09 of Ordinance 05-06-44 providing for the rates and implementation schedule for Impact Fees; providing for severability; providing for conflict; providing for an effective date; and providing for inclusion in the Code.

Ross Macbeth, Board Attorney, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt the Ordinance amending subsections A. and B. of Section 2.09 of Ordinance 05-06-44 providing for the rates and implementation scheduled for impact fees; providing for severability; providing for conflict; providing for an effective date; and providing for inclusion in the code. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy and Commissioner Stokes, who voted nay. Motion carried. See SMB 57 Page 48 & Ordinance Book 12. 7. ACTION: Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Mr. Ron Layne, Positive Mobility: Request approval of a Certificate of Public Convenience & Necessity (COPCN) for providing Basic and Advanced Life Support transfer services. This item was pulled from the agenda. See Positive Mobility file.

B. Mr. Tom Diaz, American Medical Response: Request approval of a Certificate of Public

Convenience & Necessity (COPCN) for providing Basic and Advanced Life Support transfer services. This item was pulled from the agenda. See American Medical Response file.

Commissioner Jackson left the meeting at 9:51 A.M.

C. Mr. Boyd Blihovde, US Fish & Wildlife Service: Presentation on Flamingo Villas, a mega-lot subdivision containing environmentally sensitive lands.

Jim Polatty, Development Services Director, presented the request. Boyd Blihovde, from the US Fish & Wildlife Service, gave a brief power point presentation on the layout of the Lake Wales Ridge. Butch Neil, representing the Sebring Airport Authority, presented his request. Public input was received from Ray Napper and he requested clarification on the friendly condemnation and on tax deed sales. Mr. Polatty and Mr. Blihovde provided clarification on both of these two items. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to have our staff partner with the US Fish & Wildlife and the other proposed agencies in order to develop a plan and procedures for acquiring lots in Flamingo Villas. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 57 Page 49. For the record, Commissioner Jackson left the meeting at 9:51 A.M. and did not vote on this issue. Break 10:02 A.M. – 10:17 A.M.

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D. Board Attorney: Commissioner Maxcy instructed staff to have an item on the agenda for discussion of in-house counsel for next week. He also stated, since Commissioner Jackson was not present he would like to have this postponed until next Tuesday. For the record, Commissioner Jackson returned to the meeting at 10:26 A.M.

E. County Administrator: 1. Request approval of FY 06-07 IT Budget Issue reclassification & request for additional

funding. Jerome Kaszubowski, Chief Technology Officer for the Highlands County Clerk’s office, presented the request and gave a brief power point presentation on Information Technology. Commissioner Jackson questioned how sure they were on the $400,000.00 figure. Mr. Kaszubowski stated that they should be able to complete Phase 1 with the $400,000.00. Commissioner Jackson questioned if the $100,000.00 is coming from the contingency. Carl Cool, County Administrator, stated yes and the Budget Amendment is 06-07-274. Commissioner Bates questioned how much is going to be needed for Phase 2. Mr. Kaszubowski stated that they are going to need about $410,000.00. Commissioner Stewart questioned if an Interlocal agreement would be needed for Phase 2. Carl Cool stated that the Interlocal Agreement would be approved long before Phase II. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the request from the Clerk to reclassify the budget issues to accommodate the purchase of hardware and software as described in Budget Issue #9. Commissioner Stewart questioned if this included the Budget Amendment. Commissioner Bates stated yes. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 57 Page 50 & Budget Amendment 2007 file.

2. Request approval of a Resolution adopting and implementing indexing adjustments for all Impact Fees imposed pursuant to the Highlands County Impact Fee Ordinance, Ordinance No. 05-06-44, adopted September 5, 2006; providing for severability; providing for an effective date.

Carl Cool, County Administrator, and Ross Macbeth, Board Attorney, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stokes questioned the amount of the increase. Attorney Macbeth and Mr. Cool addressed his question. Commissioner Bates requested a correction to Exhibit B, Page 4 of 5 under the School Impact Fee Schedule Mobile Home. Mr. Cool commented that it is incorrect and it’s a typographical error. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt the Resolution for adopting and implementing indexing adjustments for all impact fees imposed pursuant to the Highlands County Impact Fee Ordinance, Ordinance No. 05-06-44, adopted September 5, 2006; providing for severability; providing for an effective date. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. See SMB 57 Page 51 & Res. Book 20 Page 128.

3. Discussion of the revised Capital Financial Strategy. Carl Cool, County Administrator, presented the revised Capital Financial Strategy to the Board for their review. Commissioner Stokes questioned what is going on with the Veterans Building. Mr. Cool commented that this project is in Fiscal Year 06/07 and they plan on building it this year. Commissioner Stewart questioned if the money in 07/08 County Annex Building is to purchase more property. Mr. Cool stated yes.

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Commissioner Stewart commented that they are showing $147,000.00 for the Supervisor of Elections Building for design. Mr. Cool stated yes. Commissioner Stewart wanted to make clear that this project hasn’t been approved yet. Commissioner Stewart commented that she wanted to discuss the $150,000.00 for Animal Control for a 3,000 square foot air conditioned cat facility. Rick Helms, Assistant County Administrator, commented that this also includes some additional pen space for dogs. Commissioner Stewart commented they need to look at what is absolutely needed. Mr. Cool stated that the Impact Fee numbers were based on the assumption that the Ordinance and Resolution on Impact Fees was going to be approved by the Board today. Commissioner Stewart stated the Capital Financial Strategy still reflects the asphalt plant. Ramon Gavarrete, County Engineer, addressed her concerns. Mr. Cool commented that he wanted to explain to the Board that the funds for the Sheriff’s office were moved to Fiscal Year 08/09 because it’s going to take 12 months to get the building designed. Commissioner Maxcy instructed staff to bring this back next week for further consideration. See SMB 57 Page 52. 4. Approval of Budget Amendment 06-07-294 for the Agri Civic Center air conditioning. Carl Cool, County Administrator, & David Flowers, Facilities Management Director, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve Budget Amendment 06-07-294. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 57 Page 53 & Budget Amendment 2007 file. 8. CITIZENS NOT ON THE AGENDA No participants. 9. COMMISSIONERS:

Commissioner Jackson: Commissioner Jackson apologized for being absent at part of the meeting today.

Commissioner Stokes: No report. Commissioner Stewart: No report. Commissioner Bates: Commissioner Bates commented that they are moving ahead on getting a

facilitator on the Lake Denton issue. Commissioner Maxcy: Commissioner Maxcy commented that he and John Minor, Human

Resources Director, have been in touch with the Florida Association of Counties to have consultants come in and speak. He asked the Board for a consensus on whether or not the Board was agreeable on a search committee. Commissioner Stewart stated that she is opposed to a search committee. Commissioner Jackson stated that he would like a committee to determine the procedures of the process but would also like a consultant. Commissioner Stokes commented that he would like to have both the committee and a consultant. Commissioner Stewart commented that she would like to hear from the consultants. Commissioner Stokes commented that the consultants are going to come in and try and convince them that they need them. Commissioner Maxcy commented that he will get with Mr. Minor and setup a presentation for the Board in the next two weeks.

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10: ADJOURN The meeting adjourned at 12:15 P.M.

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REGULAR MEETING OF THE BOARD, SEPTEMBER 18, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Stewart. The Pledge of Allegiance was led by Antonia Rivera, Deputy Clerk. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of the Weekly Report of Court Services for the week ending September 14, 2007, as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 58 Page 1.

B. Upcoming County meetings:

Sept 18 5:30 pm Final Budget Hearing Boardroom, 600 S. Commerce Ave., Sebring, Florida

Sept 18 6:00 pm Softball League Organizational Meeting Auditorium, 4509 George Blvd., Sebring, Florida

Sept 19 10:00 am E-911 Communications Committee Desoto City Fire Station 19, 6800 W. George Blvd., Sebring, Florida

Sept 19 1:30 pm Professional Services Acquisition Committee

#251, 600 S. Commerce Ave., Sebring, Florida

Sept 20 9:00 am Keep Highlands County Beautiful, Inc. Board of Directors

227 US Hwy 27 N., Sebring, Florida

Sept 20 1:30 pm Public Hearing – HC Code Enforcement Special Magistrate

Boardroom, 600 S. Commerce Ave., Sebring, Florida

Sept 20 2:30 pm Recreation & Parks Advisory Committee #213, 505 S. Commerce Ave., Sebring, Florida

Sept 20 4:00 pm HC Extension Overall Advisory Committee 4-H room, Ag-Center, 4509 George Blvd., Sebring, Florida

Sept 24 8:30 am HC Lakes Assoc. Tourist Tax Projects Committee

4344 George Blvd., Sebring, Florida

C. Other meetings: A workshop regarding Heartland 2060 is scheduled for September 19, 2007 at 9:00 a.m. at the South Florida Community College. The Insurance Committee is having a meeting on September 20, 2007 at 9:00 a.m. at the Agri Civic Center located at 4509 George Blvd., Sebring, Florida. The Lake Denton Committee has a meeting scheduled for September 25, 2007 at 4:00 p.m. at the Agri Civic Center located at 4509 S. George Blvd., Sebring, Florida. 4. CONSENT AGENDA: Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

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A. Request approval to pay all duly authorized bills and employee benefits September 18, 2007.

General Fund 280,972.37 County Transport Trust 65,095.40 West Sebring SBF 323.15 Local Govt Infra Surtax 34,612.20 Tourist Dev Trust Fund 9,013.65 Comm Development Block 4,523.00 Affordable Housing Asst 51,646.00 Home Initiatives Partner 12,000.00 Hurricane Housing Rec Pro 1,552.80 State Court Facilities TF 310.00 Law Library Trust Fund 1,296.53 Court Tech 28.24(12)(E)1 80.00 Building Fund 1,519.07 HCISSRB Construction Fund 39,477.80 Solid Waste 33,783.65 Placid Utilities 143.59 Highway Park Utility 22.58 Risk Retention Fund 4.79 Employee Benefit Fund 1.63 B. Request approval of board meeting minutes of August 28, 2007 and September 4, and 6, 2007.

See Highlands County Clerk of Court website. C. Request to accept the Highlands County Housing Authority Financial Statements &

Independent Auditor’s Report Year Ended September 30, 2006 into the record. See Housing Authority file.

D. Request approval of an increase to the mileage reimbursement rate to $1.50 per mile for Funeral Directors. (Commissioner Stewart revised the motion on this item) See SMB 58 Page 2.

E. Request approval of Satisfaction of Mortgage(s) for Patricia M. Gonzalez; Sandra M. Ramirez; Margarita Oliveras and Norberto Oliveras, Jr. See Satisfaction of Mortgage file.

F. Request approval of Contracts for Continuing Services (3) with Hole Montes for inclusion in the Library of Consultants. See Hole Montes, Inc. file & SMB 58 Page 3.

G. Request approval of Contract documents with KDL Underground & Development, Inc. for construction of County Project No. 06051: Southern Lifestyle ALF water & sewer infrastructure. See KDL Underground file.

H. Request approval of an Interlocal Agreement between the Board of County Commissioners and the Highlands Soil & Water Conservation District. See Highlands Soil & Water Conservation file & SMB 58 Page 4.

I. Request approval of an extension for the Lake Placid High School Wind Retrofit Grant. This item was moved to the action agenda.

J. Request approval and execution of Grant Contract 2007/2008 Florida Department of Environmental Protection Hazardous Waste Cooperative Collection Arrangement Grant with Glades County Grant Number S0354 Project Number 07004. See Solid Waste file & SMB 58 Page 5.

K. Request approval to accept the resignation of Jack Edgemon, Jr. from the Natural Resources Advisory Commission (NRAC) effective October 1, 2007 and make notification to the public of the vacancy. See SMB 58 Page 6.

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L. Request approval of extension of the Highlands County Lakes Association Tourist Development Tax funded Grant (Contract No. 03-04-4 – Lakes Clean-Up Project). See SMB 58 Page 7.

M. Request approval to waive County’s two-step Surplus Disposal process, declare indicated items Surplus, and allow the transfer of County Fixed Assets to Highlands County Sheriff’s Office. See SMB 58 Page 8.

N. Request approval of Planning & Zoning Schedule of Fees. This item was moved to the action agenda.

O. Request approval to purchase a large format scanner. See SMB 58 Page 9. P. Request approval of budget amendments 06-07-296; 297; 299; 300. See Budget Amendment

2007 file & SMB 58 Page 10. Q. Request approval of Resolution & budget amendment 06-07-298. See Res. Book 20 Page 157,

Budget Amendment 2007 file & SMB 58 Page 11. R. Request approval of budget amendment 06-07-295. See Budget Amendment 2007 file & SMB

58 Page 12. S. Request approval of Resolutions & budget amendment 06-07-292. See Res. Book 20 Page 158, Budget Amendment 2007 file & SMB 58 Page 13. 5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Mr. Ron Layne, Positive Mobility: Request approval of a Certificate of Public Convenience & Necessity (COPCN) for providing Basic and Advanced Life Support transfer services.

Ron Layne, from Positive Mobility, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the Certificate of Public Convenience & Necessity for Positive Mobility. Upon roll call, all Commissioners voted aye. Motion carried. See Positive Mobility file.

B. Mr. Tom Diaz, American Medical Response: Request approval of a Certificate of Public Convenience & Necessity (COPCN) for providing Basic and Advanced Life Support transfer services.

Steven Cerovich, from American Medical Response, presented the request. Commissioner Stewart read a portion of the Certificate of Public Convenience & Necessity into the record for clarification. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the Certificate of Public Convenience & Necessity for American Medical Response. Upon roll call, all Commissioners voted aye. Motion carried. See American Medical Response file.

C. Human Resources Director: Request approval of Zoning Supervisor Candidate Linda Conrad.

John Minor, Human Resources Director, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to confirm the appointment of Linda Conrad as the Zoning Supervisor in the Planning & Zoning Development Services Department effective September 18, 2007. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 14.

D. Lakes Manager: Request approval of Interlocal Agreement between the City of Sebring and the County for the operation & maintenance of the Little Lake Jackson Alum Off-Line Stormwater Treatment System.

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Clell Ford, Lakes Manager, presented the request and gave a brief power point presentation on the Little Lake Jackson Alum Off-Line Stormwater Treatment System Interlocal Agreement. Commissioner Stewart commented on her concerns on the alum sludge. Ken Wheeler, Solid Waste Director, stated that they can dispose the alum sludge. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the Interlocal Agreement. Commissioner Stewart commented that she would like Mr. Ford to keep the Board informed of the sludge issue. Upon roll call, all Commissioners voted aye. Motion carried. See City of Sebring file & SMB 58 Page 15. Commissioner Stokes commented that a representative from the Florida Department of Environmental Protection announced that as of December 31, 2007, land disposal of all wastewater treatment sludge in the Okeechobee watershed will be prohibited. See SMB 58 Page 16.

E. Development Services Director: Request approval of Interlocal Agreements for implementation of Impact Fees.

Jim Polatty, Development Services Director, presented the request. Commissioner Stewart commented that she would only like to approve the agreement with the School Board and would like to wait to hear back from the municipalities to see if they are in agreement with these Interlocal Agreements. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve the Highlands County Interlocal Agreement for Administration of the Highlands County School Impact Fee Program between Highlands County and the School Board of Highlands County. Commissioner Bates commented on a revision on Page 5 of 6. Mr. Polatty commented that he would make that revision. Commissioner Stewart commented that her motion also includes that slight change. Upon roll call, all Commissioners voted aye. Motion carried. See Impact Fee file & SMB 58 Page 17.

F. Solid Waste Director and Joe Miller, PBS&J: Asphalt Plant Concept Update plus in place Asphalt Bid results.

Ken Wheeler, Solid Waste Director, presented the request and gave a brief power point presentation on the Asphalt Plant Analysis/Estimate. Commissioner Bates, Commissioner Maxcy and Commissioner Stokes informed the public that they have received phone calls and emails opposed to the county asphalt plant. Commissioner Stokes questioned the location of APAC’s and Better Roads’ plants. Mr. Wheeler commented that APAC has a plant in Avon Park and Better Roads has a plant in Venus. Commissioner Stewart questioned who was doing the engineering. Mr. Wheeler stated that it would be Post, Buckley, Schuh and Jernigan, Inc. Commissioner Jackson questioned why the contingency was at 10% and now it’s at 5%. Mr. Wheeler gave a brief explanation on the reduction. Commissioner Stewart questioned the maintenance on the equipment. Mr. Wheeler commented that there will be some minimal maintenance on the equipment. Commissioner Maxcy questioned what type of experience do the employees have in running a asphalt plant. Mr. Wheeler commented that part of the bid package would include training. Commissioner Stewart questioned where the money is coming from to pay the consultants. Mr. Wheeler commented that they have not identified that cost because it’s not a big cost. Commissioner Stewart questioned if they are going to be required to have an environmental permit. Mr. Wheeler commented that they have to amend the landfill permit. Larry Campbell, from Post, Buckley, Schuh and Jernigan, Inc., commented on the process of obtaining a permit. Commissioner Stewart questioned if Post, Buckley, Schuh and Jernigan would be helping in coming up with mixes. Mr. Campbell commented that they have technicians to setup the mixes and then they are verified by the Department of Transportation. Mr. Wheeler thanked various staff members for all their help in this project. Commissioner Stewart stated that she would like an explanation of the placement costs. Mr. Wheeler gave a brief explanation on the placement costs for the Board. Commissioner Stewart stated that she didn’t understand how the Road & Bridge Department was going to be able to do this since they already have a significant amount of overtime.

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Mr. Wheeler stated that they are going to have to set priorities. Carl Cool, County Administrator, commented on the Road & Bridge budget for overtime for this year. Commissioner Stewart requested an explanation on the Equipment Rental Cost section. Mr. Wheeler gave a brief overview on this item. Commissioner Jackson questioned if they have looked or analyzed any reduction of efficiency of other departments because of cross-training. Mr. Wheeler commented that the cross-training would involve only one or two people from the Road and Bridge Department and doesn’t anticipate this to be a problem. Commissioner Maxcy commented that he would like take a short break. Break 11:15 A.M. – 11: 31 A.M. David Brashears, of Gencor Industries, commented on the support they will give to the county in the asphalt business. Commissioner Jackson questioned the length of time that would be necessary to have hands on training. Mr. Brashears commented that the training could last from anywhere from two to four weeks and they will make sure they know how to run the plant. Commissioner Stewart questioned if they served any other public clients in the State of Florida. Mr. Brashears stated that he didn’t know of any other counties or cities in the State of Florida that own and operate a hot mix asphalt facility. Jim Lobozzo, representing the asphalt contractors, questioned several issues including competing with the private sector and the source of funding for the road projects. Carl Cool, County Administrator, addressed his question. Public input was received from John Drennan in opposition to this project. John Skidmore, President of the Central Florida Division for APAC Southeast, gave a power point presentation on their bid for this project. Commissioner Stewart questioned if their bid included paving all the listed roads within the six months. Mr. Skidmore stated no. Commissioner Stewart questioned if Polk County bids by the year or by three years. John Hooper, Manager for APAC in Winter Haven, commented that Polk County bids annually. Public input was received from Ken Melvin who spoke in opposition of APAC’s bid. Mr. Wheeler commented that his bid estimate was based on his observation and he feels very comfortable with his numbers. Raymond Curtis, from Lane Construction Corporation, stated that he would like to invite the Board to their plant to come see what it takes to produce asphalt. Jim Warren, Executive Director of the Asphalt Contractor’s Association of Florida, commented on several asphalt plants which were not successful. Commissioner Maxcy thanked everyone for their comments. Public input was received from Ray Napper and Ken Melvin who spoke in support of the asphalt plant. Mr. Cool commented that one of the actions being recommended is that the Board award the bid to Better Roads for one year and the second issue is whether or not to award the bid to Gencor Industries to buy an asphalt plant. Commissioner Maxcy commented that they have two issues before the Board and he commented that he wanted to advise the Board that he received a note from Vaughan Whitesides and requested that the record reflect that he could not be present but spoke in support of this project. Commissioner Maxcy commented that the Board should make a decision on the first issue. Motion by Commissioner Bates, seconded by Stewart, to move to award a one year contract to Better Roads for the price as stated in the bid price. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Maxcy commented that the second issue is the asphalt plant. Commissioner Bates commented he is very comfortable with Mr. Wheeler’s presentation and his numbers and commented on some of his concerns. Commissioner Jackson commented that this a tough call for him philosophically but he was also impressed with Mr. Wheeler’s presentation and would support the asphalt plant. Commissioner Stokes commented that he would also support it. Commissioner Stewart

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commented that she is concerned about the inefficiency and competing with the private sector and availability of products. Commissioner Maxcy commented that he is looking at cost savings. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to NOT award the contract for the asphalt plant to Gencor. Upon roll call, Commissioners Stewart and Commissioner Bates voted aye; Commissioner Jackson, Commissioner Stokes and Commissioner Maxcy voted nay. Motion failed. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve to hereby award the contract to Gencor Industries, Inc., for installing an asphalt plant. Commissioner Stokes questioned if it was necessary to add a figure in that motion. Ross Macbeth, Board Attorney, stated no and the important part to include or not include is the modification of delivery terms. Commissioner Stokes commented that he wanted to include it. Commissioner Stewart commented on her concerns about availability of materials. Commissioner Stokes commented that materials are going to be an issue. Public input was received from Charles Cameron who spoke in opposition to this issue. Public input was received from Ken Melvin who spoke in support of this issue. Upon roll call, all Commissioners voted aye, except Commissioner Bates and Commissioner Stewart, who voted nay. Motion carried. See SMB 58 Page 18. Lunch 1:30 P.M. – 2:50 P.M.

G. Board Attorney: Discussion on Board Attorney Contract. Commissioner Maxcy commented that he wanted to break this category into two categories: 1.) could the service from the county attorney be better and 2.) the hours spent by the county attorney on county issues. Carl Cool, County Administrator, gave the Board an overview of the hours that the Board Attorney has spent and the additional legal services rendered is going to require an additional budget amendment which will be a little over $373,000.00. Ross Macbeth, Board Attorney, commented that the county has under budgeted legal services for this year and that in-house counsel will not work. He also commented that legal services are higher and averaging around $24,000.00 a month. Mr. Cool presented the Board with an estimate of a yearly salary with benefits of an in-house counsel. Attorney Macbeth commented that he is under billing the county around 100 hours a month and he said if they are thinking of hiring an in-house attorney he would like to comment that the county would need two in-house attorneys. Commissioner Stewart commented that the county is looking around the amount of $300,000.00 for two in-house attorneys and she asked if they would need two legal secretaries for two staff attorneys. Mr. Cool commented that they are proposing only one in-house attorney and one legal secretary and he doesn’t agree in hiring two attorneys. Commissioner Jackson commented that he would like to seriously look in hiring in-house counsel but still continue the contract with Attorney Macbeth. Commissioner Stokes commented that it would be very important to keep Attorney Macbeth for the next year due to the transition of the new County Administrator for the next fiscal year and also look into in-house counsel. Commissioner Bates commented that he would concur with Commissioner Stokes and Commissioner Jackson with keeping Attorney Macbeth. Commissioner Maxcy commented that it’s very important to have qualified counsel with the new transition of a new County Administrator. Commissioner Stewart commented that she would like the Board to look into this in more depth. Commissioner Maxcy instructed the Commissioners to bring it back to the Board after the holidays for further discussion if they wish. See SMB 58 Page 19.

H. County Administrator: Consideration of the revised Capital Financial Strategy. Carl Cool, County Administrator, presented the request for approval. Commissioner Maxcy commented that he would like to get this approved and move forward. Motion by Commissioner Stokes, to move to approve the Capital Financial Strategy plan for fiscal year 2007-2008 through fiscal

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year 2016 – 2017. Motion died for the lack of a second. Commissioner Maxcy commented that this item will be heard at the Final Budget Hearing tonight at 5:30 p.m. See SMB 58 Page 20.

1. Request approval of an extension for the Lake Placid High School Wind Retrofit Grant.

Carl Cool, County Administrator, commented this item can be postponed until next week. See Emergency Management file.

2. Request approval of Planning & Zoning Schedule of Fees. Jim Polatty, Development Services Director, presented the request and commented that he was taking out numbers 12, 13 and 14 from the fee schedule. Commissioner Stewart commented on her concerns of the fee schedule. Mr. Polatty commented that they are recommending approval minus items 12, 13, and 14. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the list. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 21.

3. Request approval of agreement for professional services between the Highlands County Board of County Commissioners and Brantley Consulting Group, Inc.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve this agreement. Upon roll call, all Commissioners voted aye. Motion carried. See Brantley Consulting Group, Inc. file & SMB 58 Page 22. 6. CITIZENS NOT ON THE AGENDA No participants. 7. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: Commissioner Stokes commented on the Coalition meeting he attended

last Friday. Commissioner Bates: No report. Commissioner Stewart: Commissioner Stewart commented on a very interesting meeting that

was held in Lake Placid on the Corridor Access Management Plan. Commissioner Maxcy: Commissioner Maxcy commented that he would like to review the

senior citizen exemption. He also commented that the he would like the Property Appraiser to come and do a presentation after the holidays.

8. ADJOURN The meeting adjourned at 4:13 P.M.

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PUBLIC HEARING OF THE BOARD, SEPTEMBER 18, 2007

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:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Maxcy. The Pledge of Allegiance was led by Bernis Gainer, OMB Director. 3. Public Hearing statement read by the Chairperson to identify the millage rate and the purpose of the Public Hearing. Commissioner Maxcy commented that the Board needs to consider approving the Capital Financial Strategy which was presented to the Board. Ross Macbeth, Board Attorney, commented that this was appropriate and should be considered as part of the Budget Hearing. Commissioner Maxcy passed the gavel to Vice-Chairman Stokes and made the following motion: Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the Capital Financial Strategy proposed summary and schedule for fiscal year 2007 – 2008. Carl Cool, County Administrator, commented that he would like to request an amendment to the motion to approve for fiscal year 2007 – 2008 through 2016 – 2017. Commissioner Maxcy stated that he would like to amend his motion to include through 2016 – 2017. Commissioner Bates also agreed. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See SMB 58 Page 23. 4. Budget presentation by staff Bernis Gainer, OMB Director, gave a power point presentation on the FY 2007-2008 Budget. See Budget file. 5. Public Hearing open to public input discussion and comments. Public input was received from John Drennan who spoke on his concerns about the Sheriff’s budget and the $3,000.00 bonus to her employees. Carl Cool, County Administrator, commented that the money for the raise to the employees were monies from Fiscal Year 2006 – 2007 budget and next year’s budget is recommended to be the same as the 2006 – 2007 budget. Public input was received from Bob Street who spoke in regards to the budget, property taxes and the senior citizen exemptions. Mr. Cool commented that the Board of County Commissioners do not set the rules for the disabled and stated that the State of Florida sets the taxes. Rick Helms, Assistant County Administrator, commented that there is a form at the Property Appraiser’s office that an individual can get to apply for an exemption. Public input was received from Earl Hunt who spoke on his disability and requested assistance in obtaining an additional exemption on his property taxes. Public input was received from John Drennan who spoke in regards to the low income senior citizen exemptions. Commissioner Stewart requested clarification from the Board Attorney on the two different exemptions. Ross Macbeth, Board Attorney, explained the difference between the disabled and the senior low income exemptions and read part of the Florida Statutes into the record. Mr. Helms commented that there is another process for individuals who can apply for a deferral of taxes through the Tax Collector’s

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office. Commissioner Stewart commented that she would like the Chairman to get with the Property Appraiser to find out what the regulations are. Commissioner Maxcy commented that he would meet with the Property Appraiser. Public input was received from Ken Melvin who volunteered his services to help with the seniors in the community. Commissioner Maxcy commented that he would appreciate his help. Mr. Cool commented that, based on actions from the Board meeting earlier today, there is an amendment to the proposed budget regarding the Board Attorney budget. 6. Motions for adoption of FY 2007-2008 Resolutions. Must be done in sequential order as listed:

A. Millage Resolution Adoption Commissioner Maxcy read the Millage Resolution Adoption into the record. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to adopt the Resolution as read. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See Res. Book 20 Page 153.

B. Final Budget Resolution Commissioner Maxcy read the Final Budget Resolution into the record. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to adopt the Final Budget Resolution. Commissioner Stewart commented that she would like to state for the record that for the past two years she voted for the budget and this year she has major concerns and she is going to vote against it. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See Res. Book 20 Page 154.

C. Adoption of Special Benefit Assessment District’s Budget Resolution Commissioner Maxcy read the Adoption of the Special Benefit Assessment District Budget Resolution into the record. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to adopt the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 20 Page 155.

D. Resolution for adoption of budget changes

Commissioner Maxcy read the Resolution for adoption of budget changes into the record. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to adopt the Resolution for adopting the budget changes. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See Res. Book 20 Page 156. 7. Adjournment The meeting adjourned at 6:37 P.M.

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REGULAR MEETING OF THE BOARD, SEPTEMBER 25, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Stokes. The Pledge of Allegiance was led by Harold Owens. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County Meetings:

Sept 25 4:00 pm Lake Denton Committee 505 S. Commerce Ave., Sebring, Florida Sept 26 8:00 am Local Mitigation Strategy Working

Group 600 S. Commerce Ave., Room 251, Sebring, Florida

Sept 26 9:00am Highlands County Housing Advisory Committee

4509 George Blvd., Sebring, Florida

Sept 26 10:00 am Heartland Library Cooperative Board Lake Placid Public Library Sept 26 1:30 pm Professional Services Acquisition

Committee 600 S. Commerce Ave., Room 251, Sebring, Florida

Sept 26 4:00 pm Natural Resources Advisory Commission (NRAC)

600 S. Commerce Ave., Room 251, Sebring, Florida

Sept 27 4:00 pm Highlands County Overall Advisory Committee

4509 George Blvd. 4 H room, Sebring, Florida

Oct. 2 7:00 pm Construction Licensing Enforcement and Appeals Board

600 S. Commerce Ave. Boardroom, Sebring, Florida

C. Other meetings: The Lakeshore Mall will be having an event for the Tri-County Prevention &

Information Day on October 20, 2007. 4. CONSENT AGENDA: Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits September 25, 2007.

General Fund 322,772.28

County Transport Trust 29,715.50 Intergovt Radio Communication 20,027.32

Florida Boating Improvement 10,743.00 Local Govt Infra Surtax 116,055.42

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Tourist Dev Trust Fund 1,525.00 Affordable Housing Asst 212,310.32 Home Initiatives Partner 50,000.00 Hurricane Housing Rec Pro 522.24 Sebring Law Enforcement 3,665.00 Sebring Parkway Maint 850.00 Law Library Trust Fund 15.00 Building Fund 1,972.32 HCISSRB Construction Fund 24,950.00 Solid Waste 20,097.21 Placid Utilities 17,195.85 Highway Park Utility 14,654.94 Employee Benefit Fund 7,084.70 Tax Deed Surplus Fund 42,280.09

B. Request approval of board meeting minutes of September 11, 2007. See Clerk of Courts website.

C. Request to accept into the record the Annual Local Government Financial Report for FY 2006, the Audited Financial Report for FY 2006, the Public Facilities Report for FY 2006, the District Budget for FY 2007, and a map of the Sun ‘n Lake of Sebring Improvement District as required by the Uniform Special District Act of 1989. See Sun’n Lake of Sebring Improvement District file.

D. Request approval of sale of property identified as 129 Cumberland Street; Lake Placid, Florida 33852, Sun’n Lakes Estates Acres in 34-37-30, Lot 8, Block 9, Strap #C-22-37-30-600-0090-0080. See County Deed file & SMB 58 Page 24.

E. Request approval to accept the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $18,065 and approve Resolution and budget amendment 06-07-305. See Sheriff’s file, SMB 58 Page 25, Budget Amendment 2007 file & Res. Book 20 Page 159.

F. Request approval of a Capital Purchase (trench box $14,500.00). See SMB 58 Page 26.

G. Request approval of Contract between HCBCC and the State of Florida Department of Health for operation of the Highlands County Health Department Contract Year 2007-2008, and approval of Resolution revising Health Department Fee Schedule. See Highlands County Health Department, SMB 58 Page 27 & Res. Book 21 Page 1.

H. Request approval of budget amendment 06-07-307. See SMB 58 Page 28 & Budget Amendment 2007 file.

I. Request approval of budget amendment 06-07-301. See SMB 58 Page 29 & Budget Amendment 2007 file.

Commissioner Maxcy commented that he wanted to set another action agenda and hear action item 17A prior to the public hearings. ACTION AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to hear action item 17A. Upon roll call, all Commissioners voted aye. Motion carried.

17A. Emergency Management Director: Request approval of an extension for the Lake Placid High School Wind Retrofit Grant.

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Bill Nichols, Emergency Management Director, presented the request. Commissioner Stewart voiced her concerns. Carl Cool, County Administrator, questioned if the grant is approved, could they reallocate the funds to build a safe shelter for the residents in the Lake Placid area. Mr. Nichols stated that he would have to follow-up with the State to see if they would approve reallocating funds to another project. Commissioner Stewart questioned if this would be a whole new building. Mr. Nichols stated yes. Mr. Cool commented that he would like to go forward with this grant and then ask the State to reallocate the money from retrofitting the Lake Placid High School and put it towards a new building. Commissioner Stewart commented that she would like to know if the State would reallocate these funds to another project. Commissioner Stokes questioned if this new building would be big enough to take care of the people in Lake Placid. Mr. Nichols commented that his goal is to do as much as he can. Commissioner Jackson questioned the timeline. Mr. Nichols commented that an approval would extend this grant to December 31, 2007. Commissioner Jackson questioned how disruptive is this going to be to schools as far as retrofitting the building. Mr. Nichols stated that it will be somewhat disruptive to the schools. Pam Karlson, on behalf of the Lake Placid Chamber and Chairperson for the Lake Placid Ridge Community Center, presented a brief power point presentation on the Lake Placid Ridge floor plan and elevations layout. Commissioner Stewart questioned how many people can be accommodated. Ms. Karlson stated that it would accommodate 500 – 1000 people. Commissioner Stewart questioned the estimated cost for this new building. Ms. Karlson commented that they believe that it would run around 4 million dollars. Commissioner Maxcy questioned who would be maintaining the building. Ms. Karlson stated that their intent would be that the Town of Lake Placid would own the facility and a possible joint venture with the county. Commissioner Bates commented that he doesn’t see the point of extending the grant period for the study if the School Board has not shown any interest and would like to move forward with securing funds for the Lake Placid Civic Center. Mr. Cool spoke in favor of the motion. Commissioner Bates questioned if this was State or FEMA money. Mr. Nichols stated that it’s federal funds. Commissioner Stewart questioned if this was a retrofit program or a general program. Mr. Nichols stated that it’s a Hazard Mitigation Grant Program which is more often used for retrofit and rarely used for new construction. Commissioner Stewart questioned if he would have a response by next week on whether or not the monies could be switched to another project. Mr. Nichols commented that he could not guarantee a response by next week but would work diligently to get a quick response. Commissioner Stewart commented that it needs to be made very clear that the purpose is for obtaining financing for the Lake Placid project and not for retrofitting the Lake Placid High School. Commissioner Jackson concurred with Commissioner Stewart. Motion by Commissioner Stokes, to move to approve the extension and make it understood that they would like to work with the extension more towards the Lake Placid Civic Center. Motion died for the lack of a second. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve the extension for the Lake Placid High School Wind Retrofit grant project with the stipulation that this grant money be utilized for the Lake Placid Ridge Community Center and, as part of this motion, we instruct our staff to get with the State as soon as possible to determine if this funding could be utilized for this project, and if the grant money cannot be utilized for the Lake Placid Community Center project that we notify the State that we do not intend to spend money on the first phase of the grant project and that we don’t care to pursue it at this point. Commissioner Bates voiced his concern of keeping funds in limbo and going forward with something that they are not going to do and he would like to be more straightforward and honest of their intentions. Commissioner Stewart commented that she would like Mr. Nichols to contact the State and see if he can get a response from them if the monies could be switched to another project and then come back to the Board. Mr. Nichols stated that

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he could do that. Commissioner Stewart stated that she would like to WITHDRAW her motion. Commissioner Stokes withdrew his second. Mr. Nichols stated that he would have a response back to the Board in the next two weeks. See SMB 58 Page 30. 5. PUBLIC HEARING: Public Hearing to consider an Ordinance amending funding for State

Court facilities and providing for the Highlands County Law Library. Ross Macbeth, Board Attorney, presented the request and read the caption of the Ordinance into the record. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Bates questioned if 10% would be adequate funding for the law library. Nancy Thomas, Librarian of the Law Library, stated yes. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve the Ordinance as read. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 58 Page 31. 6. PUBLIC HEARING: Public Hearing to consider an Ordinance providing for transportation

of Solid Waste. Ross Macbeth, Board Attorney, presented the request and read the caption of the Ordinance into the record. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Bates questioned how it is determined if someone’s tarp is frayed or torn. Ken Wheeler, Solid Waste Director, explained the procedures to the Board. Commissioner Stokes commented that he was not agreeable to the “torn or frayed” language in the Ordinance. Commissioner Stewart questioned if there has been a problem with this. Mr. Wheeler stated no. Commissioner Bates commented on some typographical errors in the Ordinance which need to be corrected. Mr. Macbeth stated that he would make those corrections. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the Ordinance with the changes noted in the Ordinance. Mr. Macbeth questioned if this included the correction of the typographical errors. Commissioner Bates stated yes. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 & SMB 58 Page 32. 7. PUBLIC HEARING: Public Hearing to request that a Lien be placed on Case No. 0605001,

4504 Weeping Willow Ave., Sebring, Florida. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of county expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 8. PUBLIC HEARING: Public Hearing to consider purchase of 610 S. Eucalyptus Street and

515 Magnolia Avenue, Sebring, Florida 33870 for County Annex Building Project #06058. Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned why this is being purchased and which additional sites are intended to be purchased. Ramon Gavarrete, County Engineer, addressed her question. Commissioner Stewart stated that according to the sale history this property sold for $77,000.00 two years ago and commented that she would like to look for properties out of the downtown area due to the high prices in the downtown areas. She also commented that they need to be more selective. Public input was received from Ken Melvin who spoke in opposition to this issue. Commissioner Maxcy stated that another appraisal may be necessary. Ms. Avirett commented that the appraisal was done on June 20, 2007. Commissioner Jackson stated that he would like to stick with the appraised value and only if it’s a pressing issue. Commissioner Bates commented that he also agrees to stick with the appraised value. Commissioner Stokes and Commissioner Stewart also concurred with Commissioner Jackson and Commissioner Bates.

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Commissioner Maxcy commented that the consensus of the Board is that they don’t want to pay over the appraised value. No action was taken by the Board. See SMB 58 Page 33.

9. PUBLIC HEARING: Public Hearing to consider purchase of a portion of 635 E. Center

Avenue, Sebring, FL, 33870 for Sebring Parkway Phase II, Project #01101. Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Ramon Gavarrete, County Engineer, gave an overview of the project. Public input was received from Steve Roberts. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the Contract and Purchase Agreement for a portion of 635 E. Center Avenue, Sebring, Florida, 33870. Upon roll call, all Commissioners voted aye. Motion carried. See Sebring Parkway Phase II file & SMB 58 Page 34. 10. PUBLIC HEARING: Public Hearing to consider purchase of a portion of 5031 US 27 N.,

Sebring, FL, 33872 for Granada Boulevard Extension Project #06073. Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Jackson commented that he received a letter from Mr. Bond on this issue. Commissioner Stewart commented that she would like to hear Mr. Bond’s concerns. Carl Cool, County Administrator, commented on Mr. Bond’s concerns. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to approve the contract. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 35.

Break 11:00 A.M. – 11:15 A.M. Commissioner Maxcy stated that he had a request to hear item number “15” after item number “11” and move item “12” to be heard after item “14”. 11. PUBLIC HEARING: Public Hearing to consider a Resolution to Vacate an Easement

described as the Southerly 2.0 feet of the Northerly 7.5 feet Utility and Drainage Easement, less the Easterly 7.5 feet of Lot 23, Block 51, of Sebring Country Estates, Section Three, according to the Plat thereof as recorded in Plat Book 9, Page 6, of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, and Clifford Rhoades, representing the applicant, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 36 & Res. Book 21 Page 2. 15. PUBLIC HEARING: Public Hearing to consider a Resolution to close the forty-foot wide

platted street adjacent to the East boundary lines of Farm Lots 12-15, Map of Suburban Tracts and Farms of Desoto, Florida according to the Map or Plat thereof recorded in Plat Book 3, Page of the Public Records of Desoto (now Highlands) County, Florida and Transcript Book Page 20, of the Public Records of Highlands County, Florida, lying between the South Right-of-Way line of the East-West platted road adjacent to the North boundary lines of Farm Lots 15 and 16 of said Subdivision and the North Right-of-Way line of the East-West Road adjacent to the South boundaries of Farm Lots 12 and 19 of said Subdivision.

Clifford Ables, representing the Great Fruit Company, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt the Resolution to close the forty-foot wide platted street adjacent to the East boundary lines of Farm Lots 12-15 as further described in our

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agenda. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 37 & Res. Book 21 Page 3. 12. PUBLIC HEARING: Public Hearing to consider a Resolution to Vacate an Easement

described as the Northeast 10 feet and the Southwest 10 feet of Lot 28, Block K, of Lake Jackson Heights, according to the Plat thereof recorded in Plat Book 7, Page 52 of the Public Records of Highlands County, Florida, less and except the Northwest 10 feet and the Southeast 10 feet.

This item will be heard after item “14”. 13. PUBLIC HEARING: Public Hearing to consider a motion to adopt a Resolution to Vacate

the Southerly 10’ less the Easterly and Westerly 10’ of Lot 1, Block 14, Highlands Park Estates, Section B as recorded in Plat Book 4, Page 68 of the Public Records of Highlands County, Florida and the Northerly 10’ and the Southerly 10’ less the Easterly and Westerly 10’ of Lot 2, Block 14, Highlands Park Estates, Section B as recorded in Plat Book 4, Page 68 of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Commissioner Stewart voiced her concerns about the continual violations. Public input was received from Rick Engler. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to adopt the Resolution to vacate the property as described. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 38 & Res. Book 21 Page 4. 14. PUBLIC HEARING: Public Hearing to consider a Resolution to close the North 50 Feet of

the East ½ of the South East ¼ of the Northwest ¼ of Section 31, Township 36 South, Range 30 East, Highlands County, Florida

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Jackson questioned what is being closed. Mr. Gavarrete commented that they are closing a right-of-way. Michael Gallaher, representing the applicant, presented the request. Commissioner Stewart commented on a typographical error. Mr. Gavarrete commented that he would revise the Resolution. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 39 & Res. Book 21 Page 5. 12. PUBLIC HEARING: Public Hearing to consider a Resolution to Vacate an Easement

described as the Northeast 10 feet and the Southwest 10 feet of Lot 28, Block K, of Lake Jackson Heights, according to the Plat thereof recorded in Plat Book 7, Page 52 of the Public Records of Highlands County, Florida, less and except the Northwest 10 feet and the Southeast 10 feet.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 40 & Res. Book 21 Page 6. 15. PUBLIC HEARING: Public Hearing to consider a Resolution to close the forty-foot wide

platted street adjacent to the East boundary lines of Farm Lots 12-15, Map of Suburban Tracts and Farms of Desoto, Florida according to the Map or Plat thereof recorded in Plat Book 3, Page of the Public Records of Desoto (now Highlands) County, Florida and Transcript Book Page 20, of the Public Records of Highlands County, Florida, lying between

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the South Right-of-Way line of the East-West platted road adjacent to the North boundary lines of Farm Lots 15 and 16 of said Subdivision and the North Right-of-Way line of the East-West Road adjacent to the South boundaries of Farm Lots 12 and 19 of said Subdivision.

This item was previously heard. 16. PUBLIC HEARING: Public Hearing to consider four (4) zoning changes, two (2) small scale

plan amendments, are on the Board of County Commissioners Agenda for September 25, 2007. These agenda items were heard by the Planning and Zoning Commission/Local Planning Agency on September 11, 2007.

1) NEW BUSINESS - HEARING #1913 – THOMAS MAHER (CITRUS RIDGE) – C/O CHASTAIN-SKILLMAN – MICHAEL GALLAHER. Approximately 38 acres located on the East side of Memorial Drive, just North of the entrance to Crystal Lake Mobile Home Park, and abbreviated legal described as follows: Approximately 38 acres located in Section 2, Township 34 South, Range 28 East, Highlands County, Florida. Request: A zoning change from EU (Estate District) to EU PD (Estate District with a Planned Unit Development.) Applicant desires to construct a single family development.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Michael Gallaher, representing the applicant, presented his request. Ross Macbeth, Board Attorney, commented on some revisions that he would like in the Resolution. Commissioner Stewart commented that the number of units needs to be clarified. Public input was received from Jack Richie and Steven Roberts, who voiced their concerns. Public input was received from Mat Sherwood and Ken Melvin who spoke in opposition to this issue. Ron Cauthan, of Chastain-Skillman, Inc., commented on the Planned Development agreement. Commissioner Stewart commented that she would like Ramon Gavarrete, County Engineer, to revise the Transportation section in the Resolution and commented on her concerns. Commissioner Bates commented on his discouragement regarding this request. Commissioner Stokes questioned if they were in agreement with the list of eight conditions. Mr. Gallaher stated yes. Commissioner Jackson commented that he has mixed emotions on the increased density. Commissioner Stewart questioned if this was laid out by a planned designer. Mr. Cauthan stated that they worked with the owner. Commissioner Stewart questioned if the sidewalks were delineated and commented that these things need to be done ahead of time so when it comes to the Board it’s more of a finished document. Commissioner Maxcy commented that it’s time to decide to approve or deny this issue. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve and adopt by Resolution P&Z 1913 amending the zoning atlas for approximately 38 acres from EU (Estate District) to EU PD (Estate District with a Planned Unit Development), referencing the mandatory findings and becoming effective as provided by law and to include the eight conditions listed and the additional language from the engineer and the additions which were added by the Commission. Attorney Macbeth commented that it’s necessary to make the motion clear on the additions. Mr. Polatty and Attorney Macbeth commented on the conditions they would like modified in the Resolution. Mr. Gavarrete read the revisions he made to the transportation section of the Resolution. Commissioner Stewart commented that she would like the three lane section referenced in the record. Mr. Gavarrete commented that this can be addressed in Section 6.B. Public input was received from Rick Engler, Steven Roberts, Ken Melvin and Jack Richie who spoke in opposition to this issue. Upon roll call, Commissioner Stokes and Commissioner Jackson voted aye, and Commissioner Bates, Commissioner Stewart and Commissioner Maxcy voted nay. Motion failed. See Comprehensive Plan Amendment 2007 file.

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Lunch 1:15 P.M. – 2:35 P.M. Commissioner Maxcy stated that Hearing No. 1919 will be heard prior to the other hearings. 4) HEARING #1919 - HEARTLAND COMMUNITY LAND TRUST, INC. C/O RANDALL E. FLEMING.

Approximately 19.5 acres located on the East side of Martin Luther King Boulevard, North of Cemetery Road in East Sebring, and legally described as follows: Lots 17 and 18 in Section 21, Township 34 South, Range 29, East of Lake View Park Tract, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-1A FUD (Single Family Dwelling with a Flexible Unit District). Applicant desires to construct single family dwellings.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Penny Phillippi, Housing Director, gave a brief power point presentation on the Community Workforce Housing Initiative Partnership Program. Randy Flemming, Executive Director of National Development Foundation, presented the request. Commissioner Stewart commented that none of the amenities are referenced in the Resolution. Mr. Polatty commented that Community Workforce Housing Initiative Partnership Program mandates it. Commissioner Stewart questioned if all of these things are spelled out in the grant. Mr. Flemming commented that they are part of the application. Commissioner Stewart questioned if it was going to have underground utilities and street lights. Mr. Flemming stated that it will have underground utilities and they can put in street lights. Commissioner Stewart questioned if it was going to have internal landscaping. Mr. Flemming stated yes. Commissioner Stewart stated that she would like this added. Ross Macbeth, Board Attorney, commented since this land is being owned by the Community Land Trust that they should require that all the shrubbery and grass throughout the subdivision be owned and maintained by the Homeowner’s Association. Mr. Flemming commented that they would prefer to have the homeowner responsible for maintaining their own lawns but if the Commission prefers the Homeowner’s Association, so be it. Public input was received from Ken Melvin and Debra Worley who spoke in support of this issue. Commissioner Bates commended staff for their effort in obtaining the Community Workforce Housing Initiative Partnership Program grant. Commissioner Maxcy questioned if there was going to be a fence around the storm water pond. Mr. Flemming stated no. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve and adopt by Resolution P&Z 1919 amending the zoning atlas for 19.53 acres from AU (Agricultural) to R-1A FUD (Residential District with Flexible Unit Development), referencing the mandatory findings and becoming effective as provided by law and specifically adopting the Resolution as presented in our agenda with the following changes: It is being changed under adoption to R-1A FUD not R-2 FUD and in addition, minimum setbacks and all other structures will comply with Highlands County Zoning Code of Ordinances; number four (4) will reference the site plan and on the site plan there will a note that internal sidewalks shall be provided, underground utilities, street lights, internal landscaping to be provided as agreed upon between staff and the applicant; that the common area will meet Florida Friendly Yard requirements; there will be common maintenance of the common area, as well as the yards; reference the site plan with the Central Park theme and reference the exterior and interior slides. Mr. Flemming commented the maintaining the interior lots of the individuals would increase the Homeowner’s dues. Commissioner Jackson commented that maybe language could be drafted to give the homeowner the option. Commissioner Stokes and Commissioner Maxcy concurred with Commissioner Jackson. Commissioner Stewart stated that she would like to withdraw that portion from the motion. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 7 & Comprehensive Plan Amendment 2007 file.

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2A) HEARING # CPA-07-430SS – RON BARTON

Approximately 4.3 acres in the Southeast corner of Highlands Avenue and Orange Street in Sun’n Lake Acres of Lake Placid, and legally described as follows: Lot 1, Block 22, Sun’n Lakes Estates Acres, as recorded in P.B. 8, Page 24, of the Public Records of Highlands County, Florida.

Request: A small scale plan amendment from (Agriculture) to (Medium Density Residential.) 2B) HEARING # 1900 – RON BARTON

Legal description as stated above (Item #2A.) Request: A zoning change from AU (Agricultural) to M-1-S (Mobile Home and Residential Subdivisions District.) Applicant desires to construct mobile homes and single family dwelling units.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Bates stated that he would like to enter a letter received in opposition to this request. Elaine Ramirez, representing the applicant, presented the request. Jack Richie voiced his concerns to this issue. Public input was received from Rick Engler and Ray Royce who spoke in opposition to this issue. Commissioner Stewart commented that this is a M-1S (Mobile Home subdivision) where the people own their property. Mr. Polatty commented that the owners are willing to cap this at 8 units. Commissioner Bates commented that this area is a challenge. Commissioner Stokes questioned if only modular or single family homes could be built. Linda Conrad, Zoning Supervisor, stated that also includes mobile homes. Commissioner Stewart commented on her concerns and stated that she was not in favor. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to disapprove Ordinance CPA-07-430SS and to also disapprove Resolution P&Z 1900. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file. 3A) HEARING #CPA-07-431SS – BEECHACRE 2, LLC C/O CRAIG BENCZ, RHON ERNEST-JONES.

Approximately 1.2 acres on the West shore of Lake Blue at the intersection of Lagrow Road and US 27, and abbreviated legal as follows: Approximately 1.2 acres located in Sec. 30, Twp. 36S, Rge. 30E, of the Bullard Subdivision of Highlands County, Florida. Request: A small scale plan amendment from (Medium Density Residential) to (Commercial.)

3B) HEARING #1902 – BEECHACRE 2, LLC C/O CRAIG BENCZ, RHON ERNEST JONES. Legal description as stated above (Item #3A.)

Request: A zoning change from R-1 (Residential District) and R-1A (Residential District) to B-2 (Limited Business District.) Applicant desires professional offices. Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Michael Woodman, from Rhon Ernest-Jones, presented the request. Public input was received from Michael Raimondi, Lee Pieretti, Debra Worley, Betty Levine, and Ray Royce who spoke in opposition to this issue. Commissioner Stewart addressed her concerns before making the motion. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to deny hearing CPA-07-431SS and hearing #1902. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file

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4) HEARING #1919 - HEARTLAND COMMUNITY LAND TRUST, INC. C/O RANDALL E. FLEMING.

Approximately 19.5 acres located on the East side of Martin Luther King Boulevard, North of Cemetery Road in East Sebring, and legally described as follows: Lots 17 and 18 in Section 21, Township 34 South, Range 29, East of Lake View Park Tract, Highlands County, Florida. Request: A zoning change from AU (Agricultural) to R-1A FUD (Single Family Dwelling with a Flexible Unit District). Applicant desires to construct single family dwellings.

This item was previously heard. Commissioner Stewart left the meeting at 4:20 P.M. 17. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stewart was not present for this vote. Commissioner Stewart returned to the meeting at 4:23 P.M. A. Emergency Management Director: Request approval of an extension for the Lake Placid

High School Wind Retrofit Grant. This item was heard in the prior action agenda. B. Human Resources Director and Colin Baenziger of Colin Baenziger and Associates:

Discussion of the use of a search firm for the replacement of the county administrator. Bill Schaeffer, from the South Florida Community College, gave an overview on the process that they used to assist in hiring a consultant. Ruth Handley commented that she served on the Screening Committee and spoke in favor of the process. Colin Baenzinger, President of Colin Baenzinger, gave an overview of their Executive Search Services process and provided the Board with an Interview Notebook for the Board’s review. Commissioner Stokes questioned how the candidates are presented to the Board of County Commissioners. Mr. Baenzinger commented on how they would be presented to the Commission. Commissioner Jackson questioned if most of the candidates are City and County employees. Mr. Baenzinger stated yes. Commissioner Jackson questioned if he reaches outside of government for candidates. Mr. Baenzinger commented that he would design a process on what the Commission is looking for. Commissioner Bates questioned the size of his staff and how work is distributed. Mr. Baenzinger commented on the size of his staff and their role. Commissioner Stewart questioned to what extent has he been involved with an appointed committee to assist with the process. Mr. Baenzinger commented that he has used this in about 10% of his searches and recommended that the search should start no later than January. Commissioner Stewart questioned if he has been in Highlands County before. Mr. Baenzinger stated that he has been here before. Commissioner Stewart questioned where he lives. Mr. Baenzinger stated that he lives in Wellington, Florida. Commissioner Stewart questioned how many competitors of recruiting firms are out there. Mr. Baenzinger stated anywhere from 2 -7 firms. Commissioner Bates questioned the cost. Mr. Baenzinger stated that the cost could be from anywhere between $20,000.00 - $22,000.00. Commissioner Stewart questioned if a committee would increase the price. Mr. Baenzinger commented that it all depends on what role you want the consultant to play. Commissioner Stokes commented that he likes the combination of citizens and consultants. Commissioner Jackson concurred with Commissioner Stokes. Commissioner Bates commented that he didn’t have a problem with the combination as long as it doesn’t lengthen the process or drive the cost up. Commissioner Stewart commented that she likes the combination of a

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consultant and a committee and the role of the committee needs to be defined. Commissioner Stewart commented that it’s imperative to have a professional involved to come up with a final job description. Commissioner Maxcy commented that the most valuable resource is the County Adminstrator who is retiring. Carl Cool, County Administrator, commented he can be a resource to the Board but would like to be as far as possible from the process. Commissioner Maxcy instructed staff to come up with a game plan for a committee and advertise for a consultant. See Colin Baenziger & Associates file & SMB 58 Page 41. Commissioner Maxcy commented that he wanted to have Citizens Not On The Agenda heard since they have been waiting. 1. CITIZENS NOT ON THE AGENDA Sarah Franklin commented that she wanted to speak to the Board on the denial of the purchase of $150,000.00 of her property heard earlier today. Ross Macbeth, Board Attorney, commented that this decision was made at the public hearing earlier today and any other action would have to take place at another public hearing. C. Interim Human Services Department Director: Request approval of a letter ending the

Commodity Food Program and moving it to the Salvation Army. Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to transfer Commodities to the Salvation Army. Upon roll call, all Commissioners voted aye. Motion carried. See Salvation Army file & SMB 58 Page 42. D. County Engineer: Request approval of Addendum No. 4 to the Consultant Service

Authorization No. 36 from Chastain Skillman, Inc. for the additional design, and modification to drainage and signalization for the Sebring Parkway Phase II Project in the total amount of $66,000.00.

Carl Cool, County Administrator, presented the request. Ramon Gavarrete, County Engineer, and Elius Nortelus, Assistant County Engineer, gave a brief power point presentation for the Sebring Parkway Phase II Pond revisions. Commissioner Jackson declared conflict of interest. A Memorandum of Voting Conflict was entered into the record. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the Addendum No. 4 to the Consultant Service Authorization No. 36 from Chastain Skillman, Inc., for the additional design, and modification to drainage and signalization for the Sebring Parkway Phase II Project in the total amount of $66,000.00. Upon roll call, all Commissioners voted aye, except Commissioner Jackson who abstained. Motion carried. See Chastain Skillman, Inc. file & SMB 58 Page 43. E. County Administrator: 1.) Request approval of Resolution & Budget Amendment 06-07-303 decreasing fund 151,

Reserve for Contingency and approval 06-07-306 decreasing fund 005 Reserve for Contingency.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve items listed above. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 8, Budget Amendment 2007 file & SMB 58 Page 44.

2.) Discussion on Thunderbird Hills Wastewater Treatment Plant Community Budget Issue Request.

This item was pulled from the agenda. See SMB 58 Page 45.

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3.) Request approval of budget amendment 06-07-306 decreasing fund 005 Reserve for Contingency.

This item was heard together with item E1 listed above.

4.) Request approval of Tax Collector’s request to extend the 2007 ad valorem property tax roll.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve the tax roll extension. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 46.

5.) Discussion and request for approval of the job descriptions for Division Directors. This item was pulled from the agenda. See SMB 58 Page 47.

18. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: Commissioner Stokes gave a report on the Insurance Committee

meeting he attended last Thursday. Commissioner Bates: No report. Commissioner Stewart: No report. Commissioner Maxcy: No report.

19. ADJOURN The meeting adjourned at 6:20 P.M.

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REGULAR MEETING OF THE BOARD, OCTOBER 2, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Maxcy. The Pledge of Allegiance was led by Ron Whitner. 3. ANNOUNCEMENTS

A. Clerk Pam Cross, Deputy Clerk, presented a report of the Clerk of Courts Monthly Report of Business Services for September, 2007, as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 58 Page 48.

B. Upcoming County Meetings:

Oct 2 3:00 pm Highlands Soil & Water Conservation District

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

Oct 2 6:00 pm Lake Denton Committee #2, Ag-Center, 4509 George Blvd., Sebring, Florida

Oct 2 7:00 pm Construction Licensing, Enforcement & Appeals Board

Board room, 600 S. Commerce Ave., Sebring, Florida

Oct 3 1:30 pm Professional Services Acquisition Committee (Contract Negotiation Group)

#251, 600 S. Commerce Ave., Sebring, Florida

Oct 4 8:15 am HC Tourist Development Council 4505 George Blvd., Sebring, Florida Oct 4 2:00 pm Veteran’s Advisory Board 7205 S. George Blvd., Sebring, Florida Oct 8 9:00 am HC Homeowner’s Association, Inc. Sebring Country Estates Clubhouse,

3240 Grand Prix Dr., Sebring, Florida

C. Other meetings: The Highway Park Neighborhood Preservation & Enhancement District Council is having a meeting on October 8, 2007, at 7:00 p.m. at the New Life Assembly Church located at 114 Cloverland Street, Lake Placid, Florida. The 4-H Commissioner’s Breakfast is scheduled for October 9, 2007 in the morning. 4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Jackson was absent for this vote.

A. Request approval to pay all duly authorized bills and employee benefits October 2, 2007. General Fund 812,141.92

County Transport Trust 31,263.78

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Comm Development Block 3,100.00 State Court Facilities TF 66,530.42 Local Govt Infra Surtax 68,811.65

Tourist Dev Trust Fund 13,670.15 Affordable Housing Asst 19,934.60 Home Initiatives Partner 25,000.00

Hurricane Housing Rec Pro 33,822.24 Sebring Parkway Maint 490.12 Law Library Trust Fund 126.57 Court Tech 28.24(12)(E)1 1,518.54 Building Fund 1,347.12 HCISSRB Construction Fund 5,090.42 Solid Waste 183,972.45 Placid Utilities 47,087.21 Highway Park Utility 382.95 Tax Deed Surplus Fund 95,868.37

B. Request approval of board meeting minutes of September 18, 2007. See Clerk of Courts website.

C. Request approval of Chastain-Skillman, Inc. CSA No. 8680.40 to provide miscellaneous services to the Solid Waste Department for FY 07/08. See SMB 58 Page 49 & Chastain Skillman, Inc. file.

D. Request approval of PBS & J, Inc. Task Order No. 21 to provide miscellaneous services to the Solid Waste Department for FY 07/08. See SMB 58 Page 50 & Solid Waste file.

E. Request approval to accept a grant for the Local Update of Census Addresses (LUCA) Program Contract. See SMB 58 Page 51 & Community Affairs file.

F. Request approval to accept and record the warranty deed for the Heacock Insurance commercial development. See SMB 58 Page 52 & County Deed file.

G. Request to accept and record the Easement, Trustee Affidavit and Joiner, Consent and Subordination of Mortgage for Abanilla Medical Office commercial development. See Abanilla Medical Office & SMB 58 Page 53.

H. Request to accept and record the two Drainage Easements, Joiner, Consent and Subordination of Mortgages and Maintenance Agreement for Sebring Retail Commercial Development. See Sebring Retail file & SMB 58 Page 54.

I. Request properties owned by HCBCC noted as follows: C-14-37-29-300-2090-0030 & C-14-37-29-300-2090-0110 to be declared surplus and permission to proceed with their sale pursuant to Board Adopted 08/13/02 Purchasing Policies and Section 125.35(2), Florida Statutes. This item was moved to the action agenda for further discussion.

J. Request approval of a Notice of Nuisance for Case CE07010174- 1105 CR 17 South, Lake Placid, Highlands County, Florida. See Subdivision file. K. Request approval to change employee Janice McCarthy’s 30-hour workweek to a 20-hour

workweek. See SMB 58 Page 55. L. Request approval to adopt the Planning & Zoning Department’s Revised Schedule of Fees

and Resolution. This item was pulled from the agenda. See SMB 58 Page 56. M. Request approval of Healthy Families Contract Amendment. See Healthy Families file &

SMB 58 Page 57. N. Request approval of Resolution & budget amendment 06-07-311. See Res. Book 21 Page

9, Budget Amendment 2007 file & SMB 58 Page 58.

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O. Request approval of budget amendment 06-07-308; 312. See Budget Amendment 2007 file & SMB 58 Page 59.

Commissioner Jackson arrived to the meeting at 9:12 A.M. 5. PUBLIC HEARING: Public Hearing to consider purchase of Easement for a portion of 2000

E. Claradge Avenue, Avon Park, Florida, 33825. Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned if they could get a bid from the private sector. Carl Cool, County Administrator, commented that he would recommend not getting a bid from the private sector. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve acceptance and recording of Easement for a portion of 2000 E. Claradge Avenue, Avon Park, Florida 33825 also known as description given in the agenda. Commissioner Stewart commented that she will support the motion but it’s very important to getting competitive prices from the private sector on these projects in the future. Upon roll call, all Commissioners voted aye. Motion carried. See County Deed file & SMB 58 Page 60. 6. ACTION: Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Commissioner Barbara Stewart: Request approval of a Proclamation recognizing October as “Breast Cancer Awareness Month”.

Commissioner Stewart presented the request and read the Proclamation into the record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt this Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 10.

B. Tom Ross, Project Manager, CH2M Hill: Update and project overview on US 27 Corridor Access Management Plan.

Tom Ross, Project Manager, CH2M Hill, gave a power point presentation on the US 27 Corridor Access Management Plan. Commissioner Maxcy questioned the age of the drivers in the U-Turn Study. Mr. Ross stated that the survey taken was over a broad range of ages. Commissioner Stewart questioned what a Class 3 & 5 is. Mr. Ross explained the difference between each class. Mr. Ross presented a brief power point on the plan elements. Public input was received from Ray Royce. Commissioner Stewart commented on the importance of frontage and backage roads. Commissioner Maxcy thanked him for his presentation. See US 27 Corridor Study file & SMB 58 Page 61.

C. Heartland Library Cooperative Coordinator: Request approval of Amended Interlocal Agreement for Heartland Library Cooperative.

Mary Myers, Library Director & Heartland Library Cooperative Coordinator, presented the request. Commissioner Bates commented that he would like to hear the changes that have been made to the agreement. Pam Cross, Deputy Clerk, commented that the Clerk of Courts internal audit of the library systems determined that that terms of the Interlocal Agreement were violated and the Interlocal Agreement presented today does not contain the audit finding issues resolved. Mary Wilson, Compliance & Internal Audit Director, commented that this Interlocal Agreement was submitted in November of 2006 and was pulled from the agenda and then resubmitted in June of 2007 and it’s the same agreement but the dates on the signatures from the other counties are prior to the ending of the joint committee meeting. Ms. Myers commented that was correct and that they were never provided with the specific recommendations that came out of those meetings and they didn’t have the

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opportunity to include them so this agreement was based on the revisions of the Clerk, taking out his responsibilities, and only some recommendations and findings from internal audit were incorporated into the agreement. She also commented that the Interlocal Agreement was already reviewed and signed by the other three counties prior to the meetings in February and if there are other things that need to be included in the Interlocal Agreement, they will go back to the other three County Commissions and have it placed back on their agenda. Carl Cool, County Administrator, commented that this agreement has been reviewed by the County Attorney and he’s in agreement with the Interlocal Agreement. Ross Macbeth, Board Attorney, commented that he has reviewed the Interlocal Agreement and approved it and that it has also been reviewed and approved by the other three county attorneys and it’s now here for the Board’s consideration. Ms. Wilson commented that her concern was that they were suppose to sit down with the county attorney and go over all the legal opinions and go over the wording and that these findings and recommendations are not included in the final version of the Interlocal Agreement. Commissioner Maxcy asked if it was necessary to put these in the final version. Attorney Macbeth commented that there is no necessity of doing that. Ms. Wilson commented that the purpose of the audit was to improve the procedures of the library. Commissioner Maxcy commented that he would recommend that the Board Attorney and the Clerk get together and discuss this issue. Commissioner Stewart commented that she concurred with Commissioner Maxcy because this agreement is the same version which they received back on 12/19/06 and they pulled it from the agenda to wait until the findings of the audit were agreed upon and she expected this agreement to reflect those findings so it could increase accountability, checks and balances. Attorney Macbeth commented on the revisions that he did to the Interlocal Agreement. Commissioner Maxcy commented that he would like to have action from the Board on approving the Interlocal Agreement up or down. Commissioner Jackson requested clarification on page (4) and page (5). Attorney Macbeth addressed Commissioner Jackson’s concerns. Ms. Myers commented on the process where the Governing Board gave her, the Coordinator, the authority to make budget amendments up to the amount of the budget and now in this Interlocal Agreement more accountability has been placed and now the Governing Board Chairman and Governing Board Treasurer approve the budget amendments. Ms. Wilson commented on their concerns with commingling. Commissioner Stewart commented that she understood that once the audit findings were agreed upon, and then changes would then be implemented and then hopefully the Clerk would feel comfortable to take over the role the Clerk’s office initially had. Ms. Wilson commented that a memorandum was sent to the Board Attorney with the minor and major findings and what could be done to clear things up in June of 2007 and they never heard anything back from him. Commissioner Stewart questioned if any of the recommendations have been implemented. Ms. Wilson commented that some have been implemented but the concern is that the joint committee meetings were not finalized until February and this was already agreed upon by the other three counties. Mr. Cool commented that he doesn’t know of a deadline on the Interlocal Agreement and would like to set up a meeting with the Clerk’s office. Commissioner Maxcy commented the County Attorney and three other county attorneys have approved this Interlocal Agreement and the Board has the authority to approve it. Mr. Cool commented that he has been unable to schedule a meeting with the auditors for the last three weeks. Maxcy commented that the Board may want to approve this Interlocal Agreement but would also like to set up a meeting to go over all these issues. Ms. Myers questioned if the Board would consider adopting the Interlocal Agreement with the understanding that these meetings would take place quickly since this was due on October 1st for the state aid funding. Ms. Cross commented on the follow up process of an audit. Commissioner Stokes questioned if they can approve this today with the agreement that they meet with them later. Attorney Macbeth commented that there is no reason to not adopt the Interlocal Agreement or any requirements to change to it. Ms. Cross passed out a memorandum with five pages of emails trying to setup meetings and stated that hopefully a meeting could be scheduled to get this resolved. Commissioner Stokes questioned if the Clerk’s office is in agreement with passing this today. Ms. Cross commented that she

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is not able to legally answer that question but would be glad to setup a meeting to resolve all the issues. Commissioner Stokes questioned if the Interlocal could be amended later. Attorney Macbeth commented that he believes that this Interlocal Agreement is legally sufficient and could be changed but changes would have to be accepted by the other three counties and the Cooperative. Public input was received from Perry Newport and Cathy Bergens who spoke in support of this issue. Commissioner Stewart commented that she would like to ask the Chairman to ask the members of the audience not to single out individual members of the Clerk’s office with criticism because it’s not fair or proper at this point. Public input was received from Jack Richie who spoke in opposition to this issue. Attorney Macbeth questioned how much it would cost the Cooperative if they don’t receive funding. Ms. Myers commented that it would be $400,000.00 which is their single operating source. Attorney Macbeth commented that there is nothing wrong with approving the agreement as to a legal standpoint. Mr. Cool commented that he would recommend the Board approving what is before them today. Fire Alarm 10:55 A.M. – Everyone was instructed to exit the building MEETING RECONVENED AFTER FIRE ALARM AT 11:16 A.M. Cont’d on the following issue: Heartland Library Cooperative Coordinator: Request approval of Amended Interlocal Agreement for Heartland Library Cooperative. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve the adoption of the Amended Heartland Library Cooperative Interlocal Agreement with the understanding that we will meet with the Clerk of the Courts in the near future. Commissioner Jackson commented that a lot of these details don’t need to be in this agreement but there needs to a be a strong commitment from all the players involved that we are going to work together and work out these problems. Commissioner Stewart commented that there is no incentive in fixing the problems and this is just changing the structure so the Cooperative will set its own policies and the Commission will have no involvement. Commissioner Stokes commented that he disagreed and gave his reasons for disagreeing. Commissioner Maxcy commented that this is a good motion. Commissioner Stewart requested that the motion be repeated. Commissioner Stokes stated: Move to adopt the Amended Heartland Library Cooperative Interlocal Agreement with the understanding that we will meet with the Clerk’s office to resolve any problems they think we have. Commissioner Stewart commented that she would like clarification on who is “we”. Commissioner Stokes commented that this would be a representative from the county government like Ross Macbeth, Guy Maxcy and whoever usually meets with them. Commissioner Maxcy commented that this would be staff. Commissioner Stewart commented that she is sorry but it’s important when a motion is passed to have everyone understand what the motion is. Commissioner Maxcy commented that he thinks that everyone does understand except for Ms. Stewart and it’s very clear that “we” is the county staff, County Administrator or County Commissioner Guy Maxcy who will get with the Clerk. Commissioner Jackson commented that he seconded the motion and is going to support it but is not very happy with the agreement but thinks that it meets legal requirements and they need to work on policies and by-laws. Commissioner Stewart commented that in this agreement it clearly states that the by-laws will be developed by the Heartland Library Cooperative. Ms. Myers stated yes. Upon roll call, all Commissioners voted aye, except Commissioner Stewart and Commissioner Bates who voted nay. Motion carried. See Library file & SMB 58 Page 62.

D. Human Resources Director: Discussion and request for approval of the job descriptions for Division Directors.

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John Minor, Human Resources Director, presented the request. Nan MacGinnis, Human Resources Assistant Director, commented on six additional typographical errors in their job descriptions. Commissioner Bates questioned if Animal Control has been changed to Animal Services. Mr. Minor commented that it will be changed and intends to call the department Animal Services. Commissioner Bates commented if it was appropriate to leave it Animal Services in this draft even if it hasn’t been changed by Ordinance. Ms. MacGinnis stated yes. Commissioner Jackson commented that he would like clarification on several phrases. Ms. MacGinnis addressed his questions and commented that she would make those phrases more clear. Commissioner Stewart questioned the minimum qualifications on these positions. Ms. MacGinnis addressed her questions. Carl Cool, County Administrator, commented on the minimum qualifications. Commissioner Bates questioned the essential job functions in each job description. Ms. MacGinnis addressed his questions. Commissioner Bates commented on some modifications that he would like to the essential job functions. Ms. MacGinnis commented that they will be more concise. Commissioner Bates commented that anytime a job description is written it needs to be very precise because this is what guides us. He also questioned the timing of filling these positions prior to or after the hiring of a new county administrator. Mr. Minor commented that the plan is to advertise the jobs and have them filled by January. Commissioner Maxcy instructed staff to consider the points made by the Board and make these descriptions more concise and bring it back to the Board. See SMB 58 Page 63.

E. Board Attorney: Commissioner Maxcy asked the Board Attorney if he had anything for the Board. Ross Macbeth, Board Attorney, stated no.

F. County Administrator: Recommendation on transferring lease from Sebring Jaycees to Avon Park Jaycees.

Carl Cool, County Administrator, presented the request. Commissioner Jackson commented that he didn’t know how a life member could sign this lease and is the corporation terminated or still legally in existence. Ross Macbeth, Board Attorney, commented that he hasn’t reviewed the lease because it was never sent to him. Commissioner Maxcy suggested approving the lease subject to the approval of the County Attorney. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve subject to the County Attorney’s review. Upon roll call, all Commissioners voted aye. Motion carried. See Avon Park Jaycees file & SMB 58 Page 64.

1. Request properties owned by HCBCC noted as follows: C-14-37-29-300-2090-0030 & C 14-37-29-300-2090-0110 to be declared surplus and permission to proceed with their sale pursuant to Board Adopted 08/13/02 Purchasing Policies and Section 125.35(2), Florida Statutes.

Carl Cool, County Administrator, presented the request. Commissioner Stewart commented that her concern is that this area is designated in the future land use plan as industrial and zoned industrial and questioned if industrial is proper. Jim Polatty, Development Services Director, gave a brief description of the area. Mr. Cool commented that he is convinced that there is no need for these lots and the county hasn’t had any use for them for the last twenty years and the Board should consider these surpluses and bid them out and try to get them back on the tax roll. Commissioner Stewart questioned if these lots could be developed as industrial if an individual buys the lots. Mr. Polatty commented that they can develop a lot of commercial industrial uses if the waste disposal is restricted. Gerald Secory, Purchasing Director, commented on the Just Value of the property. Commissioner Stewart questioned if there were any conditions attached when the donation was accepted. Mary Myers, Library Director, commented that there were no conditions. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to declare County properties C-14-37-29-29-300-2060-0030 & C-14-37-29-300-2090-

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0110 to be declared as surplus and grants permission to proceed with the County’s bid process to see offers pursuant to Section 125.35(2), Florida Statutes. Mr. Secory commented that there was a typographical error in the first parcel number as to two 29’s. Commissioner Bates commented that he would remove one 29 from his motion. Commissioner Stokes concurred. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 58 Page 65.

2. Discussion of the proposed Joint Meeting with the Avon Park City Council Carl Cool, County Administrator, commented that he would like to have a Joint Workshop Meeting with the Avon Park City Council on Monday, November 5, 2007 at 6:00 p.m. at the Avon Park City Council Chambers regarding land use issues in and around the Avon Park Airport. All Commissioners were in agreement.

7. CITIZENS NOT ON THE AGENDA No participants. 8. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Bates: Commissioner Bates commented that there was a Lake Denton

Committee meeting tonight at 6:00 p.m. Commissioner Stokes: No report. Commissioner Stewart: No report. Commissioner Maxcy: No report.

9. ADJOURN The meeting adjourned at 12:41 P.M.

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REGULAR MEETING OF THE BOARD, OCTOBER 9, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera

Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Ken Melvin. 3. ANNOUNCEMENTS

A. Clerk Pam Cross, Deputy Clerk, presented a report of the Clerk of Courts Monthly Report of Court Services for the week ending October 5, 2007, as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 59 Page 1.

B. Upcoming County meetings:

Oct 9 3:00 pm Planning & Zoning Commission and the Local Planning Agency & Zoning Board of Adjustment

Board room, 600 S. Commerce Ave., Sebring, Florida

Oct 10 7:30 am Industrial Development Authority & Economic Development Commission Board of Directors Retreat

Conference room of the Residence Inn, 3221 Tubbs Road, Sebring, Florida

Oct 10 1:30 pm Professional Services Acquisition Committee

#251, 600 S. Commerce Ave., Sebring, Florida

Oct 11 10:00 am Lake Istokpoga Management Committee Sub-Committee for Hydrilla

#3, Ag-Center, 4509 George Blvd., Sebring, Florida

C. Other meetings: The Sheriff’s Office will have a meeting on October 10, 2007, at 9:30 A.M.

located at the Engineer’s Training Room to discuss the Law Enforcement Facility. 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the consent agenda to approve only items A, B, H and I. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits October 9, 2007.

General Fund 568,653.24

County Transport Trust 23,153.23 Intergovt Radio Comm 590.00 Legal Aid 3,598.82

Local Govt Infra Surtax 22,987.81

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Tourist Dev Trust Fund 6,011.46 Comm Development Block 34,850.00 Affordable Housing Asst 8,376.61 Hurricane Housing Rec Pro 120,652.80 Sebring Parkway Maint 300.00 Law Library Trust Fund 664.65 Court Tech 28.24(12)(E)1 806.94 Building Fund 78,837.67 HCISSRB Construction Fund 10,266.60 Solid Waste 46,747.14 Placid Utilities 6,104.30 Highway Park Utility 1,335.22 Energy Recovery 817,653.16 Risk Retention Fund 842,424.00 Tax Deed Surplus 15,897.51

B. Request approval of five (5) Satisfactions of Mortgage per attached list. See Satisfaction of Mortgage file.

C. Request approval of an Interlocal Agreement for Impact Fees between the City of Sebring and the Highlands County Board of County Commissioners. This item was pulled from the agenda. See Impact Fee file.

D. Request to accept into the record the Highlands County BCC Affordable Housing Report . This item was moved to the action agenda for further discussion.

E. Request approval of the Planning & Zoning Fee Schedule. This item was moved to the action agenda for further discussion.

F. Request approval of the Planning & Zoning Schedule of Fees pertaining to Building Permits. This item was moved to the action agenda for further discussion.

G. Request approval of the Planning & Zoning Schedule of Fees as recommended by the Natural Resources Advisory Commission (NRAC). This item was moved to the action agenda for further discussion.

H. Request approval of a Victims of Crime Act (VOCA) Agreement. See SMB 59 Page 2 & Sheriff file.

I. Request approval of a Tourism Sponsorship for the Florida State Firefighters Association, Inc. in the amount of $7,500.00 for the Great Florida Fire School, November 7-11, 2007. See SMB 59 Page 3 & Tourist Development Council file.

J. Request approval to append to the existing Sun Trust Master Lease Agreement & initiate the lease/purchase of the asphalt plant and associated generator, and also approve Resolution & Budget Amendment 07-08-001. This item was moved to the action agenda for further discussion.

K. Request approval of advance of funds from the General Fund to the Energy Recovery Fund for the asphalt plant. This item was moved to the action agenda for further discussion.

5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Miss Ashley Preston: Request approval of a Proclamation recognizing National 4-H Week, October 7-13, 2007.

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Ashley Preston, President of the Highlands County 4-H Council, presented the request. Commissioner Maxcy read the Proclamation into the record. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to adopt the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 12.

1. Update from Raymond McIntyre, Property Appraiser, on tax reform. Raymond McIntyre, Property Appraiser, commented that he wanted to update the public that on October 22, 2007, the legislature is poised to go into another special session dealing with property tax reform to include doubling the homestead exemption from 25 to 50 and they plan on making the “Saves Our Homes” portable between counties. Commissioner Stewart commented that she would like the first 25% excluded and then putting the exemption on the next $25,000.00 pursued. Mr. McIntyre commented that this concept was on the ballot in the late 80’s and failed but he will talk about it to the legislators in Tallahassee. Public input was received from Gabriel Read. Commissioner Maxcy thanked Mr. McIntyre for the update.

B. Commissioner Barbara Stewart: Request approval of a Proclamation recognizing the “Unsung Heroes” of Highlands County.

Commissioner Stewart presented the request and read the Proclamation into the record. Public input was received from Gabriel Read and Ken Melvin who spoke in support of this issue. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt this Resolution as read. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 13.

C. Chairman C. Guy Maxcy: Request approval of a Proclamation recognizing October 7-13, 2007 as “Fire Prevention Week”.

Commissioner Maxcy presented the request and read the Proclamation into the record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the Fire Prevention Week Proclamation. Commissioner Stewart commented that it is extremely important for people to know fire prevention. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 14. Break 10:00 A.M. – 10:16 A.M.

D. Mr. Howard Fleetwood, President, Military Sea Services Museum, Inc.: Request approval of a Proclamation recognizing October 17-21, 2007 as “USS Highlands Week”.

Commissioner Maxcy presented the request and read the Proclamation into the record. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 15.

1. CITIZENS NOT ON THE AGENDA

Lamar Ritenour, Sr., requested a status on the Thunderbird Hills Sewage System. Carl Cool, County Administrator, gave a status on the sewage system. Commissioner Stewart commented that the County has an obligation to the citizens of this County to protect their health and welfare and the County needs to work closely with the Department of Environmental Protection and she commented that she has worked with State Representative, Denise Grimsley’s office on grants. Ramon Gavarrete, County Engineer, presented the Board with a copy of a Stipulated Order Granting Temporary Injunctive Relief for their review and commented that the Department of Environmental Protection has failed to keep the County involved on what they are doing. Commissioner Maxcy commented that he wants to see a report within 30 days as to what options are available so the County can take the lead role and get it

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resolved. Public input was received from Ken Melvin who volunteered to help on this issue. See SMB 59 Page 4.

E. Benita Whalen, South Florida Water Management District’s Okeechobee Service

Center Director: Report on District activities. Benita Whalen, from the South Florida Water Management District, gave a brief update on the water shortage conditions and district activities and presented a copy of the Declaration of Emergency Water Shortage Order to the Board. Commissioner Stokes questioned the elevation of Zone C. Ms. Whalen addressed his question. Public input was received from Ray Royce. Commissioner Maxcy thanked Ms. Whalen for her report. See SMB 59 Page 5.

F. County Engineer: Discussion regarding the proposed driveway at the Lake Charlotte Lateral Canal (East of Sparta Road).

Ramon Gavarrete, County Engineer, presented the request and gave a brief power point presentation on the proposed driveway across Lake Charlotte Laternal Canal. Commissioner Jackson declared a conflict of interest and a Memorandum of Voting Conflict Form was entered into the record. Commissioner Stewart commented that she would like know where the 100 foot wide permanent easement is located on the map. Mr. Gavarrete addressed her concern. Joseph Calhoun, Sr., and Joseph Calhoun, Jr., owners of the properties north and south of the proposed driveway, commented on what property was donated by the Cline’s and the Calhoun’s. Commissioner Maxcy questioned when the canal was dug. Carl Cool, County Administrator, stated that the canal was dug around 1967. Commissioner Stewart questioned how Mr. Cline is going to access his property. Joseph Calhoun, Jr., commented that Mr. Cline has access to his property from the south side without having to use the canal. Mr. Cool commented that the proposed driveway needs to be paid for by the County. Commissioner Maxcy commented that he would agree to have the proposed driveway paid for by the County. Commissioner Stewart questioned if the other landowners would have access to cross the proposed driveway to get to their property. Ross Macbeth, Board Attorney, commented that this is physically possible but not legally possible. Commissioner Stewart commented that she doesn’t want to just solve a part of the problem and she wants to make sure that the other landowners have access to their properties. Mr. Calhoun, Sr., suggested issuing Lykes an easement so they can have access to his property. Commissioner Stewart questioned if this would suffice. Attorney Macbeth stated yes and that an appropriate easement would take care of that issue. Commissioner Stewart commented that she would like to know the cost of the project. Mr. Gavarrete commented that they have to meet with the Water Management District to see what is going to be required. Commissioner Stewart questioned who is going to prepare the easement. Attorney Macbeth commented the Board can require that the Calhoun’s provide it, and have it approved by Lykes and the County Attorney before the County spends any money and so everyone is comfortable. Commissioner Stewart commented that this is a great idea. Commissioner Maxcy stated that he highly recommends this to be done and asked staff to keep him updated on this project. See SMB 59 Page 6.

G. Emergency Management Director: Update on the Lake Placid High School Wind Retrofit Grant.

Bill Nichols, Emergency Management Director, commented that he wanted to give the County an update and that he received a response back and they are not able to reallocate funds to another project. Eileen May, representing the Greater Lake Placid Chamber Commerce and the Lake Placid Community Center, commented that they would request some consideration on the matching dollars to go towards the Community Center which is going to be a state of the art, brand new, hurricane compliant facility. Commissioner Stewart commented that she didn’t have any problem with using the money which was allocated as a match but would feel more comfortable waiting and seeing what the

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legislature is going to do. Commissioner Bates commented that the only decision the Board needs to make is to not extend the grant period. Mr. Nichols commented that he would like some direction from the Board on what to do next. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to NOT extend the grant extension request and also notify the State they are withdrawing from this application and thank them for their assistance and explain to them why we are withdrawing so they don’t think we are being fickle. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 59 Page 7.

H. Board Attorney:

No report.

I. County Administrator: 1. Donation of Hog to the Highlands County 4-H Foundation

Carl Cool, County Administrator, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the donation of a hog to the Highlands County 4-H Foundation. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 59 Page 8.

2. Request to accept into the record the Highlands County BCC Affordable Housing Report . (Consent Agenda Item D)

Penny Phillippi, Housing Director, presented the request and gave a brief power point presentation on the Highlands County Housing Department activities. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to accept into the record the Highlands County Affordable Housing Report. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 59 Page 9.

3. Request approval of the Planning & Zoning Fee Schedule. (Consent Agenda Item E)

Jim Polatty, Development Services Director, presented the request. Commissioner Stewart questioned the fees on the Planning & Zoning Schedule of Fees. Mr. Polatty addressed her questions. Commissioner Stewart commented that the pre-application meeting fees need to be clarified. Zane Thomas, from the Planning Department, commented that he would work on that. Commissioner Stokes questioned why all these other fees are being added. Mr. Polatty commented that they are being added because they weren’t charging for these services and they are in the process of getting a Kronos program so they can start recording their time spent on each of these items on the schedule. Public input was received from Ray Royce, Alison Megrath, and Susie Bishop who voiced their concerns. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move for approval and adoption of the revised schedule of fees for Highlands County Planning and Zoning Department which was item 4.E. under the Consent Agenda and with the noted changes. Commissioner Stewart commented that she looks forward to looking at the Kronos results. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 59 Page 10 & Res. Book 21 Page 16.

4. Request approval of the Planning & Zoning Schedule of Fees pertaining to Building Permits. (Consent Agenda Item F)

Jim Polatty, Development Services Director, presented the request. Commissioner Stewart commented that the Boat Dock/Boat House review of the building permit is listed at $50.00 and they just adopted a Boat House/Boat Dock permit for $115.00 and how does this differ. Mr. Polatty commented that the best thing to do is to have this item pulled from the agenda at this time. This item was pulled from agenda. See SMB 59 Page 11.

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5. Request approval of the Planning & Zoning Schedule of Fees as recommended by the Natural Resources Advisory Commission (NRAC). (Consent Agenda Item G)

Jim Polatty, Development Services Director, presented the request. Commissioner Stokes commented on his concern on the Environmental Clearance Fees and doesn’t see the justification of raising the fees. Zane Thomas, of the Planning Department, commented on the cost of land increases. Ross Macbeth, Board Attorney, questioned if they were adopting nominal mitigation fees for removal of resources from larger areas as opposed to looking at the quality of the resource. Mr. Polatty commented that is how he read their recommendation. Mr. Macbeth stated that he is surprised by that recommendation. Commissioner Stewart commented that she is confused on the Environmental Clearance Fee. Public input was received from Ray Royce who voiced his concerns. Mr. Polatty commented that he would like to have this item pulled from the agenda at this time. This item was pulled from agenda. See SMB 59 Page 12. Break 1:18 P.M. – 1:25 P.M.

6. Request approval to append to the existing Sun Trust Master Lease Agreement & initiate the lease/purchase of the asphalt plant and associated generator, and also approve Resolution & Budget Amendment 07-08-001. (Consent Agenda Item J)

Bernis Gainer, OMB Director, presented the request. Commissioner Stewart questioned how they came up with the amount of $2,854,212.00 since the bid award is $2,694,212.00. Mr. Gainer commented that in addition to the asphalt plant there is a generator that is required and costs $160,000.00 and the combination of those two will be the 2.8 million dollars. Commissioner Stewart questioned what the generator was for. Ken Wheeler, Solid Waste Director, commented that the generator is to power the asphalt plant. Commissioner Stewart questioned if the budget amendment that they just received a minute ago was different from what was submitted in the agenda packet. Mr. Gainer stated yes. Commissioner Stewart asked for them to go over the changes since the Commission just received it. Mr. Gainer commented that page one is identical and on page two the first line named “Sale of Asphalt” has increased by $30,000.00 as well as the last two lines “Principal” and “Interest”. Commissioner Stewart questioned why the sale of the asphalt increased. Mr. Wheeler addressed her question. Commissioner Stewart requested an explanation on the “Project Contractual Services” in the budget amendment. Mr. Wheeler commented that the $260,000.00 is for services which will be contracted out and improvements to the site. Commissioner Stewart requested an explanation on “Project Other Charges & Obligations”. Mr. Wheeler commented that is a 5% contingency. Commissioner Stewart requested an explanation on the “Project Road Materials & Supplies”. Mr. Wheeler commented that this is providing the plant with inventory. Commissioner Stewart requested an explanation on “Professional Services”. Mr. Wheeler commented that this is for outside testing labs. Commissioner Stewart requested an explanation on “Contractual Services”. Mr. Gainer commented that this is money for the transfer of the materials from the rail cars to trucks. Commissioner Maxcy commented that he is clear. Commissioner Stewart commented that she is sorry but she likes to know what she is voting on and she would like staff to go over this and send a memo to her showing her what all these items are for. Motion by Commissioner Stokes, seconded to Jackson, to move to approve. Upon roll call, all Commissioners voted aye, except Commissioner Stewart who voted nay. Motion carried. Mr. Gainer commented that he wasn’t sure if on that previous motion whether this was approving the Suntrust Lease as well as the budget amendment. Commissioner Stokes commented that the motion was to approve item “J” which all that is included. See Suntrust Leasing Corporation file, Budget Amendment 2007 file & SMB 59 Page 13.

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7. Request approval of advance of funds from the General Fund to the Energy Recovery Fund for the asphalt plant. (Consent Agenda Item K)

Commissioner Maxcy presented the request. Commissioner Stewart questioned if these are usual and standard terms in this industry. Ken Wheeler, Solid Waste Director, commented that the Board has already approved the payment schedule on September 18, 2007. Ross Macbeth, Board Attorney, commented that the payment terms were already accepted by the Board. Commissioner Stewart commented that she didn’t remember any of the terms being addressed at the previous meeting and the motion was to award this bid and approve the contract with Better Roads and is going to vote against this due to the conditions and the asphalt plant. Public input was received from Ken Melvin who spoke in support of this issue. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move that the Board approve the specified interest-bearing loan of $808,263.60 for advance interim funding for the asphalt plant while lease transaction is being completed. Upon roll call, all Commissioners voted aye, except Commissioner Stewart who voted nay. Motion carried. See SMB 59 Page 14.

6. CITIZENS NOT ON THE AGENDA Jack Richie commented that he received a letter from Attorney James McCollum in regards to a lawsuit between Colby vs. Florida Heartland Rural Economic Development Initiative, Inc. He was very upset that he was not notified by Ross Macbeth, Board Attorney, who represents the Florida Heartland Rural Economic Development Initiative, Inc., they he was being sued along with other volunteers. He also commented if this is not resolved in the proper manner, he guarantees that there will be a lot less volunteers next year. Commissioner Maxcy commented that they should pay for any outstanding costs. Attorney Macbeth commented that all that he told the court was that the “Cause of action for the Sunshine Law violation couldn’t be brought against the Florida Heartland Rural Economic Development Initiative, Inc.”, who he represents. He also commented that the person who is suing Mr. Richie is James McCollum and Mr. Colby and if he wants to direct anger someplace, he needs to direct it over to them. Commissioner Maxcy asked Mr. Richie if he spoke to Attorney Macbeth about this issue. Mr. Richie stated no. Commissioner Maxcy commented that he would like for Mr. Richie to meet with the Board Attorney after the meeting and get to the bottom of this and if he is being sued the County needs to defend him and pay for any outstanding costs. Public input was received from Ray Royce who voiced his concerns. 7. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Stewart: Commissioner Stewart commented that she would not be here next

week because she will out of the state on business and she commented that she has received numerous phone calls on concerns with filling the top administrative positions prior to the new County Administrator taking over and she will leave it in their hands to make a wise decision next Tuesday.

Commissioner Bates: Commissioner Bates commented that they have had their second Lake Denton Committee meeting and everyone has been working very hard and they should reach a conclusion within a total of 5 or 6 meetings. He also commented that he would like to receive something from staff on the directions they thought the Board gave to them on issues at the meetings so there is no confusion. Commissioner Maxcy instructed staff to get something to them by Wednesday or Thursday. Carl Cool, County Administrator, commented that they will get a report to them by Wednesday afternoon.

Commissioner Maxcy: No report.

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8. ADJOURN The meeting adjourned at 2:10 P.M.

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REGULAR MEETING OF THE BOARD, OCTOBER 16, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera Commissioner Stewart was absent from this meeting.

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Bates. The Pledge of Allegiance was led by Robert Garcia. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings:

Oct. 17 10:00 am E-911 Communications Committee Desoto City Fire Station 19, 6800 W. George Blvd., Sebring, Florida

Oct. 18 2:00 pm Concurrency Review Workgroup Engineering Training room, 505 S. Commerce, Sebring, Florida

Oct. 18 2:30 pm Recreation & Parks Advisory Committee

Engineering Training room, 505 S. Commerce, Sebring, Florida

Oct. 18 6:00 pm Lake Denton Committee #3, Ag-Center, 4509 George Blvd., Sebring, Florida

C. Other meetings: Youth Care Lane will be closed next week due to the Sebring Parkway Phase

II construction.

4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the consent agenda as presented. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits October 16, 2007.

General Fund 353,450.75 County Transport Trust 123,811.30 Intergovt Radio Comm 11,000.00 Local Govt Infra Surtax 9,471.33 Tourist Dev Trust Fund 3,487.66 Affordable Housing Asst 3,041.04 Hurricane Housing Rec Pro 972.83 State Court Facilities 21,600.00 Law Library Trust Fund 1,405.25 Court Tech 28.24(12)(E)1 137.71

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Building Fund 7,921.13 HCISSRB Construction Fund 362,683.47 Solid Waste 321,223.53 Placid Utilities 9,255.39 Highway Park Utility 2,514.85 Risk Retention Fund .36 Employee Benefit Fund 1.08

B. Request approval and acceptance of Grant Award, Certification of Review and Representation of Compliance, Resolution and budget amendment 07-08-004 for the U.S. Department of Justice Grant Program. See Res. Book 21 Page 18, Budget Amendment 2007 file, Sheriff file & SMB 59 Page 15.

C. Request approval of Edward Byrne Memorial Justice Assistance Grant Program–Approval and acceptance of Grant Award, Resolution, and Budget Amendment 07-08-003. See Res. Book 21 Page 19, Budget Amendment 2007 file, Sheriff file & SMB 59 Page 16.

D. Request approval of a Notice of Nuisance on Case No. CE 07070081, 209 Montego Drive, Sebring, Florida. See Subdivision file.

E. Request approval of a Release of Nuisance on Case No. CE 06060244, 105 Kemper Terrace, Okeechobee, Florida. See Subdivision file.

F. Request approval of a Release of Nuisance on Case No. CE 06010205, 9135 Mare Path, Sebring, Florida. See Subdivision file.

G. Request approval of a Release of Nuisance on Case No. CE 06010122, 165 E. A. Smith Avenue, Lake Placid, Florida. See Subdivision file.

H. Request approval of EMS Grant application & Resolution. See Res. Book 21 Page 20, EMS file & SMB 59 Page 17.

I. Request approval of a Contract for Administration Services for FY 2007 Community Development Block Grant, DCA. See Community Development Block Grant file & SMB 59 Page 18.

J. Request approval of Resolution & budget amendments 07-08-008. See Res. Book 21 Page 21, Budget Amendment 2007 file & SMB 59 Page 19.

K. Request approval of budget amendment 07-08-007. See Budget Amendment 2007 file & SMB 59 Page 20.

L. Request approval of three (3) Contracts for Continuing Services with Alliance Design Group, P.A. See Alliance Design Group, P.A. file & SMB 59 Page 21.

5. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Emergency Operations Director: Presentation of Firefighter I certificates. Tim Eures, Emergency Operations Director, presented the request. Commissioner Maxcy presented Certificates of Completion to 17 volunteer firefighters and thanked them for their service. See SMB 59 Page 22.

B. Sheriff Susan Benton: Presentation of Quarterly report for October 2007. This item was pulled from the agenda.

C. Tax Collector Charles Bryan: Annual presentation.

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Charles Bryan, Tax Collector, presented the request and gave a power point presentation on their annual report. Mr. Bryan commented that the Avon Park Branch office is requiring a new roof and the Lake Placid Branch office is in need of a new air conditioner and the cost for both of these items is going to be $30,000.00 and he requested funding to replace the air conditioner and roof. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to transfer necessary monies to Mr. Flowers’ budget to take care of the Lake Placid and Avon Park situation. Upon roll call, all Commissioners voted aye. Motion carried.

D. Ms. Marlene Snyder, President, Lake Placid Art League: Request for clarification of the Building Use Rules and approval to rent the Agri-Civic Center. Marlene Snyder, President of the Lake Placid Art League, and Donna Stohl, President of the Highlands County Quilt Guild, presented their request. Carl Cool, County Administrator, commented on the policy the Board adopted. Ross Macbeth, Board Attorney, commented that the rule which was developed needs to apply to everyone. Commissioner Stokes commented that maybe the County Commission needs to reserve the right to review each one on a case by case basis. Ross Macbeth, Board Attorney, commented that all they have to do is waive the policy. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to waive the policy and approve these two organizations to use the Agri-Civic Center for uses that they described today. Commissioner Stokes commented if they should add that this is a one time thing. Commissioner Jackson commented that this motion would reflect on a case by case basis. Commissioner Maxcy commented that the Art League and the Highlands County Quilt Guild would have to apply for a waiver. Rick Helms, Assistant County Administrator, commented that they will prepare a waiver form so it can be submitted to the Board in the future for approval. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 59 Page 23. Break 10:11 A. M. – 10:25 A.M.

E. Development Services Director: 1. Request to adopt the Capital Financial Strategy for 2007/2008 through 2016/2017 as an

amendment to the Capital Improvements Element to the Highlands County Comprehensive Plan.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to be become part of the permanent record. Public input was received from Jim Brooks and Rick Engler. Ross Macbeth, Board Attorney, read the caption of the Ordinance into the record and commented on a typographical error that needs to be corrected in the Ordinance. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the Capital Financial Strategy for 2007/2008 through 2016/2017 as an amendment to the Capital Improvements Element to the Highlands County Comprehensive Plan, to be transmitted to the Florida Department of Community Affairs, becoming effective as provided by law. Mr. Macbeth commented that he could not hear the motion and requested to see what the motion was. Commissioner Jackson commented that the motion was read from the memo. Attorney Macbeth commented that he didn’t say anything adopting the Ordinance and it needs to include “to adopt the Ordinance” and the Ordinance doesn’t have the attached Capital Financial Strategy recently adopted. Mr. Polatty commented that the motion should be amended to say, “to move to adopt by Ordinance”. Attorney Macbeth commented that it needs to say “move to adopt this Ordinance”. Commissioner Jackson commented that he would include in his motion to adopt that Ordinance. Commissioner Bates who seconded the motion agreed. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12 and SMB 59 Page 24.

2. Public Hearing to adopt the Stipulated Settlement Agreement for transmittal to the

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Florida Department of Community Affairs. Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Bert Harris commented that he would prefer to see the prior language clearly stating that they could do a package plant. Mr. Polatty commented that the Department of Community Affairs will probably accept it if they leave the words package plant in or change it to central waste water treatment plant. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve by adoption the Stipulated Settlement Agreement for transmittal to the Florida Department of Community Affairs for their execution, becoming effective as provided by the agreement. Ross Macbeth, Board Attorney, commented that they also need to include whatever changes listed in Mr. Polatty’s memo. Commissioner Jackson commented that he would like to include the three changes noted in A, B, and C, in Mr. Polatty’s memo and revert back to the package plant language noted in “D”. Public input was received by Cathy Bergens. Upon roll call, all Commissioners voted aye. Motion carried. See Department of Community Affairs file & SMB 59 Page 25.

3. Request approval of Planning & Zoning Schedule of Fees. Jim Polatty, Development Services Director, presented the request. Public input was received from Denise Brooker who spoke in opposition to the fees. Carl Cool, County Administrator, commented that he would suggest taking the word “fence” and move it down to the Form Board and make it Form Board and Fence and make the fee $15.00. Commissioner Jackson commented that they should have some charge for fencing. Commissioner Stokes commented that he would agree with Mr. Cool’s recommendation. Commissioner Stokes commented that he would like to make a motion to move the fence item down to the next line and make it Form Board and Fence. Commissioner Maxcy questioned if the entire Resolution needed to be approved today. Mr. Polatty commented that they are requesting approval of the Resolution which is attached. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the Resolution to be effective December 1, 2007, and with the moving of “fence” down to the line and to read as follows “Form Board and Fence”. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 59 Page 26 & Res. Book 21 Page 22.

F. OMB Director: Request approval of Resolution & budget amendment 07-08-002. Bernis Gainer, OMB Director, and Carl Cool, County Administrator, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to adopt the Resolution of the Board of County Commissioners and budget amendment 07-08-002. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 23, SMB 59 Page 27 & Budget Amendment 2007 file.

G. Human Resources Director: Discussion and request for approval of the job descriptions for Division Directors.

John Minor, Human Resources Director, presented the request. Public input was received from Ruth Handley. Commissioner Bates commented that maybe the reorganization should not occur until the new County Administrator is here. Commissioner Maxcy commented that he would like the new County Administrator to come in and not have to worry about picking all these new employees. Commissioner Stokes commented that the only thing before them today is approving the job descriptions. Commissioner Jackson commented that he has mixed emotions and would like to discuss the hiring of these employees for another day and time. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the job descriptions for Community Services Division Director, Public Works Division Director, Public Safety Division Director and Assistant County Administrator/Administrative Services Division Director as recommended by staff. Upon roll call, all Commissioners voted aye. Motion carried.

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Mr. Cool commented that they will not move ahead filling these positions until the Board feels comfortable and he would like to put together a transitional plan for the Board to review. Commissioner Maxcy commented to put this together sometime in November and bring it back to Board for discussion. See SMB 59 Page 28.

H. Board Attorney: No report.

I. County Administrator: Request approval of Addendum to Lease for Animal Control. Carl Cool, County Administrator, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the Addendum to Lease as presented to provide for a more usable area for the care of impounded animals. Upon roll call, all Commissioners voted aye. Motion carried. See Sebring Airport Authority file & SMB 59 Page 29. 6. CITIZENS NOT ON THE AGENDA No participants. 7. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Bates: No report. Commissioner Maxcy: No report.

8. ADJOURN The meeting adjourned at 11:37 A.M.

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REGULAR MEETING OF THE BOARD, OCTOBER 23, 2007

1. The meeting was called to order at 9:03 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Ramon Gavarrete, County Engineer. The Pledge of Allegiance was led by Bob Jamison, Deputy Clerk. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of the Weekly Report of Court Services for the week ending October 19, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 59 Page 30.

B. Upcoming County meetings:

Oct. 24 8:00 am Local Mitigation Strategy Group 600 S. Commerce Ave., Sebring, Room 251

Oct. 24 9:30 am Sheriff Office Law Enforcement Facility Work Group

505 S. Commerce Ave., Sebring

Oct. 24 1:30 pm Professional Services Acquisition Committee (Contract Negotiation Group)

600 S. Commerce Ave., Sebring, Room #251

Oct. 25 10:00 am Highlands County Tourist Development Council

1121 Us Hwy 27 South, Sebring

Oct. 25 2:00 pm Code Enforcement Special Magistrate Hearing 600 S. Commerce Ave., Sebring Boardroom

Oct. 29 9:00 am Concurrency Review Workgroup 505 S. Commerce Ave., Sebring Oct. 29 4:00 pm Landscape Committee Meeting 4505 George Blvd., Sebring, Room # III Oct. 31 4:00 pm Natural Resources Advisory Commission

(NRAC) 501 S. Commerce Ave., Sebring

Nov. 1 8:15 am Highlands County Tourist Development Council

1121 Us Hwy 27 South, Sebring

Nov. 5 11:00 am Highlands County Homeowner Association, Inc.

Sebring Country Estates House, 3240 Grand Prix Drive, Sebring

C. Other meetings: The Transportation Disadvantaged has a meeting on October 24, 2007 at

1:00 p.m. at the Agri-Civic Center in Room #2.

4. CONSENT AGENDA: Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits October 23, 2007.

General Fund 339,286.40

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County Transport Trust 110,253.40 Intergovt Radio Comm 9,114.62 Drivers Ed Safety Trust FD 45,575.90 Local Govt Infra Surtax 532,538.50 Tourist Dev Trust Fund 3,033.42 Comm Development Block 5,751.00 Affordable Housing Asst 3,000.20 Hurricane Housing Rec Pro 60,000.00 Sebring Parkway Maint 850.00 Library Trust Fund 2,567.39 Court Tech 28.24(12)(E)1 80,392.93 Building Fund 25,923.56 HCISSRB Construction Fund 7,097.96 Solid Waste 38,631.20 Placid Utilities 6,587.33 Highway Park Utility 2,975.27 Tax Deed Surplus Fund 77,732.13

B. Request approval of board meeting minutes for the September 25, 2007. See Clerk

of Courts website. C. Request approval of a Notice of Nuisance on case number CE 06070118, 213 Arbuckle Creek Rd., Lorida, Florida. See Subdivision file. D. Request to approval of Satisfaction of Lien on Case Number CE 05090147, 3626

Hoyt Ave., Sebring, Florida. See Subdivision file. E. Request approval of a Release of Nuisance on Case Number CE 06080272, 1727

Citadel St., Lake Placid, Florida. See Subdivision file. F. Request approval of a Release of Nuisance on Case Number CE 06110230, 160

Zion St., Lake Placid, Florida. See Subdivision file. G. Request to approve and record additional documents for Markland Lane. See

County Deed file and SMB 59 Page 31. H. Request approval of a Technical and Clarifying revision to the 2007-2010 Local

Housing Assistance Plan. See SMB 59 Page 32. I. Request authorization for Progress Energy Florida, Inc. to Install a 69 KV electric

Transmission Line aerial Roadway Crossings. See SMB 59 Page 33. J. Request approval of Resolution & budget amendment 06-07-318. See Res. Book 21

Page 24, SMB 59 Page 34 and Budget Amendment 2007 file. K. Request approval of Resolution & budget amendments 06-07-313; 314; 315. See

Res. Book 21 Page 25, SMB 59 Page 35 and Budget Amendment 2007 file. L. Request approval of Resolution & budget amendment 07-08-009. See Res. Book 21

Page 26, SMB 59 Page 36 & Budget Amendment 2007 file. M. Request approval of budget amendment 07-08-010. See SMB 59 Page 37 & Budget

Amendment 2007 file. N. Request approval of the 2007-2010 Homeland Security Grant and Resolution &

budget amendment 07-08-013. See Res. Book 21 Page 27, Budget Amendment 2007 file, Emergency Management file & SMB 59 Page 38.

O. Request approval of the 2007-2008 Emergency Management Base Grant and Resolution & budget amendment 07-08-006. See Res. Book 21 Page 28, Budget Amendment 2007 file, Emergency Management file & SMB 59 Page 39.

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5. PRESENTATION: Sheriff Susan Benton: Presentation of Quarterly report for October 2007.

Sheriff Susan Benton presented a Quarterly Report of the Highlands County Sheriff’s Office giving some quarterly information collected from the Law Enforcement Bureau and the Detention Bureau. Commissioner Maxcy thanked the Sheriff for all her work for the County. See SMB 59 Page 40.

6. PUBLIC HEARING: Public Hearing to consider an amended notice of Lien on CE 07010222,

109 Washington St., Lake Placid, Florida. Beverly Singley, Code Enforcement Officer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Jackson announced a conflict of interest and a Memorandum of Voting Conflict form was entered into the record. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to approve this lien pursuant to Highlands County Code of Ordinances section 5.6-7 and to begin the collection of County expenses. Upon roll call, all Commissioners voted aye, except Commissioner Jackson who abstained. Motion carried. See Subdivision file. 7. PUBLIC HEARING: Public Hearing to consider a Resolution to vacate an easement

described as the 10’ Wide utility and drainage easement lying along the West Edge of lot 3 and the 10’ wide utility and drainage easement lying along the East edge of lot 4 of Placid Lakes section 20, Block 252 Lots 3 & 4 a subdivision as recorded in plat book 9 page 31 of the public records of Highlands County, Florida less and except the northerly 10 feet thereof.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 29 & SMB 59 Page 41. 8. PUBLIC HEARING: Public Hearing for consideration of a resolution to vacate an easement

described as the Easterly 10 feet and the Westerly 10 feet of lot 14, less the Southerly 10 feet, Block 17 of Highlands Park Estate, section B as recorded in the plat book 4 page 68 of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 30 & SMB 59 Page 42. 9. PUBLIC HEARING: Public Hearing to consider a resolution to vacate an easement described as the 7.5 Foot easement lying along the West line of lot 5, Block 4, Harder Hall Country Club II, according to the Plat thereof as recorded in plat book 13, page 45, of the Public Records of Highlands County, Florida. Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 31 & SMB 59 Page 43.

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10. PUBLIC HEARING: Public Hearing to consider the purchase of 618 S. Eucalyptus Street, Sebring, Fl., 33870 for County Annex Building Project # 06058.

Ramon Gavarrete, County Engineer, gave a power point presentation on properties acquired by the County for future parking lots and projects. Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See County Annex Building file & SMB 59 Page 44. 11. PUBLIC HEARING: Public Hearing to consider the purchase of 428 Palmetto Ave., Sebring, 33870 for Government Center parking lots projects #02092. Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stewart questioned the appraised value. Ms. Avirett addressed her question. Jeanne Butler, granddaughter of the deceased, commented that her grandmother had an interest to sell the property to the County and presented her request. She also stated that the County had use of the property for the past 4 years and the County took down fencing, shed and trees which would have added more value to the property. Commissioner Jackson commented that he would like to stick to the policy of not paying more than the appraised value. Commissioner Stewart questioned the amount of the closing costs. Ms. Avirett commented that the closing costs are typically around $1,500.00 - $2,000.00. Carl Cool, County Administrator, commented that it would be in the best interest of the County to consider the proposed contract in the amount of $115,500.00. Commissioner Stewart questioned what the taxes would be for the last four years. Ms. Avirett commented that they run around $1,000.00 per year. Ms. Butler commented that she also wanted to advise the Board that her grandmother gave the County a corner lot of property at no charge. Public input was received from Ray Royce, Ray Knapper and Ken Melvin who spoke in support of this issue. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve Contract for Sale and Purchase Agreement for 428 Palmetto Avenue, Sebring, Florida 33870, also known as Town of Sebring, Lot 11, less road right away and Northwest corner of Block 67. Commissioner Stewart questioned if the motion included itemizing or justification. Commissioner Stokes stated no. Commissioner Stewart commented that it’s important to itemize it. Ross Macbeth, Board Attorney, commented that the contract can only be legally approved “As Is”. Upon roll call, all Commissioners voted aye, except Commissioner Stewart and Commissioner Jackson, who voted nay. Motion carried. See County Annex Building file & SMB 59 Page 45. See County Annex Building file & SMB 59 Page 45. 12. PUBLIC HEARING: Public Hearing to consider a motion to approve a resolution to vacate

an easement being a portion of Lot 55, Block 100, Placid Lakes, Section 17, according to the plat thereof recorded in plat book 8, page 40 of the Public Records of Highlands County, Florida being more particularly described as follows: COMMENCE AT THE SOUTHERLY MOST CORNER OF SAID LOT 55, THENCE NORTH 58O46’33” EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 55, A DISTANCE OF 42.79 FEET; THENCE NORTH 30O16’28” WEST, A DISTANCE OF 8.94 FEET TO THE POINT OF BEGINNING; THENCE NORTH 59O33’55” EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 30O16’28” WEST, A DISTANCE OF 1.23 FEET; THENCE SOUTH 58O46’33” WEST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 30O16’28” EAST, A DISTANCE OF 1.06 FEET TO THE POINT OF BEGINNING.

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Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the Resolution to vacate a portion of the easement described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 32 & SMB 60 Page 1. Break 10:51 A.M. – 11:05 A.M. 13. ACTION: Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Nancy Dale: Request review and clarification on warning form from Code Enforcement. Nancy Dale, Ph.D., presented her request. Beverly Singley, Code Enforcement Officer, gave a brief power point presentation on Ms. Dale’s property and commented on her code violations. Ms. Dale commented that she started working on her yard in 2006 to make a Florida Friendly Landscape Yard and she is doing it all by herself and it’s a work in progress. Commissioner Stokes commented that the issue is whether or not she’s in compliance and he read a letter into the record from the University of Florida. Carl Cool, County Administrator, commented that it’s Code Enforcement’s job to notify the land owner on whether or not she is in violation of the Code. Commissioner Stewart commended Ms. Dale for her effort and commented that she spoke with Mr. Heffner at Robbin’s Nursery, Inc., this morning and he said that he would be very receptive in helping Ms. Dale organize her yard at no charge. Ms. Singley commented that she would like to know Ms. Dale’s plan when she contacts Mr. Heffner at Robbin’s Nursery, Inc. Commissioner Maxcy commented that he would like her to show a good faith effort and thanked everyone for their presentation. See SMB 60 Page 2.

B. Assistant County Administrator: Request approval to replace communications towers on Sheriff Tower Road and approve resolution and budget amendment # 07-08-014.

Ben Henley, Emergency Management Coordinator, presented the request and gave a brief power point presentation on replacing the communication tower on Sheriff Tower Road. Sheriff Susan Benton commented that she supports this proposal. Matt Hall, from Electronic Maintenance, commented on his experience in maintaining towers and structural issues. Commissioner Stewart commented on her concern of waiving the building and engineer requirements. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to approve the request listed one through five with the exception of item four and that to read “to waive all landscaping requirements onto adjacent properties that are developed” and leave all the other engineer requirements in. Carl Cool, County Administrator, questioned if the motion included approval of the budget amendment. Commissioner Bates commented that his motion was to also include budget amendment as submitted. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 33, Budget Amendment 2007 file & SMB 60 Page 3.

C. County Administrator: 1. Request approval of Budget Amendment 06-07-316; 317 year-end close out.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Jackson, to move to approve budget amendment 06-07-316 and 317. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 60 Page 4.

2. Announcement on the work being done on Hammock Road.

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Carl Cool, County Administrator, commented that County crews are doing some work along Hammock Road and clearing out some palmetto plants along the multiuse path.

3. Offering thanks to Senator J. D. Alexander. Carl Cool, County Administrator, commented that he would like to send a letter to Senator J.D. Alexander thanking him for his standing up for small local governments. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to have a letter written for the Chairman’s signature. Upon roll call, all Commissioners voted aye. Motion carried.

4. Training Sessions regarding Public Records/Records Management and Government

Sunshine Laws. Carl Cool, County Administrator, commented that they scheduled a training session tomorrow afternoon from 1:00 p.m. – 4:00 p.m. and on Thursday, October 25, 2007 at 9:00 a.m. – 12:00 p.m. in the Board of County Commissioners Chambers to go over Records Management and Government Sunshine Laws.

14. CITIZENS NOT ON THE AGENDA Jim Wood commented on concerns about enforcement of LDR’s and Code Enforcement. Commissioner Maxcy commented that they can’t approve or disapprove any variances and this has to be addressed with staff. See SMB 60 Page 5. 15. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Stewart: Commissioner Stewart commented that the Parade of Homes started

last Friday. She also commented that that she would like to encourage all women to get a mammogram if they are of the age.

Commissioner Bates: Commissioner Bates commented that they have a Lake Denton Committee meeting scheduled for November 14, 2007.

Commissioner Maxcy: No report. 16. ADJOURN The meeting adjourned at 12:54 P.M.

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REGULAR MEETING OF THE BOARD, NOVEMBER 6, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Jerome Kaszubowski

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera Barbara Stewart 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Jerome Kaszubowski, Deputy Clerk. The Pledge of Allegiance was led by Charles Kruger, past Commander of the VFW 3880 in Lake Placid. 3. ANNOUNCEMENTS

A. Clerk Jerome Kaszubowki, Deputy Clerk, presented a Weekly Report of Courts Services for the week ending November 2, 2007, and report of the Clerk of Courts’ Monthly Report of Business Services for the month of October, 2007, as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 60 Page 6.

B. Upcoming County Meetings:

Nov 6 3:00 pm Highlands Soil & Water

Conservation District #3, Ag-Center, 4509 George Blvd., Sebring, Florida

Nov 6 7:00 pm Construction Licensing, Enforcement & Appeals Board

Boardroom, 600 S. Commerce Ave., Sebring, Florida

Nov 12 County offices closed in observance of Veteran’s Day holiday

C. Other meetings: Corridor Access Management Plan/Department of Transportation meeting will be held at the Agri-Civic Center on November 7, 2007 at 4:30 p.m.

4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits November 6, 2007.

General Fund 2,964,177.29

County Transport Trust 66,420.58 Intergovt Radio Comm 25,824.64 Local Govt Infra Surtax 188,195.66 Comm Development Block 2,800.00 Affordable Housing Asst 53,910.00 Hurricane Housing Rec Pro 20,652.80 Court Tech 28.24(12)(E)1 6,997.85 Building Fund 2,601.83

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Impact Fee Transp Lk Plcd 1,929.50 Impact Fee Corr Facility 186.32 Impact Fee Fire 190.09 Impact Fee Libraries 66.59 Impact Fee EMS 17.43 HCISSRB Construction Fund 17,300.00 Solid Waste 174,151.80 Placid Utilities 9,389.32 Highway Park Utility 1,530.74 Energy Recovery 2,855.04 Risk Retention Fund 3.97 Employee Benefit Fund 11.91 Tax Deed Surplus Fund 29,430.55 Payment of bills and employee benefits was authorized on October 30, 2007 for $5,120,755.91.

B. Request approval of board meeting minutes of October 2, 9, 16, and 23, 2007. See Clerk of Courts website.

C. Request to accept into the record the Constitutional Officer’s Financial Reports Fiscal Year 2006-2007. See Financial Reports file.

D. Request to accept into the record the Court-related & Other Miscellaneous Funds Revenue and Expenditures. See SMB 60 Page 7.

E. Request to accept into the record the 2006/2007 Annual Report. This item was pulled from the agenda. See SMB 60 Page 8.

F. Request approval of Agreement between Highlands County and AON Consulting, Inc. for Actuary Services for other post employment benefits. See AON Consulting, Inc. file & SMB 60 Page 9.

G. Request approval of waiver of prior Fiscal Year fuel under billings for BOCC funded agencies. See SMB 60 Page 10.

H. Request approval to accept Utility Easement from the Adventist Health System /Sunbelt Health Care Corporation to the County for extensions of the Placid Utilities Water/Sewer System to service the Southern Lifestyle Assisted Living Facility. See County Deed file & SMB 60 Page 11.

I. Request approval of Change Order #2 for E-Stone – Chastain Skillman, Inc. See Chastain Skillman, Inc. & SMB 60 Page 12.

J. Request approval of Technical & Clarifying Revision to the 2007 - 2010 Local Housing Assistance Plan. See SMB 60 Page 13.

K. Request to approve a Lease for 618 S. Eucalyptus Street, Sebring, FL 33870. See County Annex file & SMB 60 Page 14.

L. Request approval for revisions to the Procedures and Policies for Road Closings, Vacation of Plats and Vacation of Easements. See Policies for vacating easements, plats and road closings file & SMB 60 Page 15.

M. Request approval to declare attached list of County Property as Surplus, waive two- step Surplus Disposal process, and allow said Surplus to be disposed of by utilizing our contract with GovDeals and Internet auction service company. See SMB 60 Page 16.

N. Request approval of Contract for FY07/08 for Road Resurfacing Projects, re: Bid No. ITB 08-010. See Road Resurfacing Contract file & SMB 60 Page 17.

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O. Request approval of a Local Agency Program Termination Agreement and a Resolution authorizing the Chairman of the Board to execute said Agreement, for Project ID# 405478-1 for intersection improvements – Airport Road and CR 623. See Res. Book 21 Page 35, Florida Department of Transportation file & SMB 60 Page 18.

P. Request approval of Sun Trust Lease document for the Asphalt Plant and Equipment and Resolution. This item was moved after the consent agenda to be voted on.

Q. Request approval to ratify the changes noted on budget amendment 06-07-318 due to a scribner’s error in line 4 and 5. See SMB 60 Page 19.

R. Request consideration of Professional Continuing Services Contracts for categories two (2) engineering, three (3) landscape architectural and four (4) surveying and mapping services in accordance with Section 287.055, Florida Statutes with the firm of WilsonMiller, Inc., a Florida Corporation. See WilsonMiller, Inc. file & SMB 60 Page 20.

S. Request for policy waiver for the use of the Ag Center Auditorium by the Orchid Society of Highlands County and the Highlands County Amateur Radio Club to allow vendor sales at their annual events. See SMB 60 Page 21.

T. Request approval of Resolutions & budget amendments 07-08-011; 012; 015; 016; 017; 018; 019; 020; 021; 022; 023. See Res. Book 21 Page 36, Budget Amendment 2007 file & SMB 60 Page 22.

P. Request approval of Sun Trust Lease document for the Asphalt Plant and

Equipment and Resolution. (This item was pulled from the consent agenda to be heard separately)

Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve item “P” on the consent agenda. Commissioner Stewart commented on the reason why she was voting against this subject. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See Res. Book 21 Page 34, Suntrust Leasing Corporation file & SMB 60 Page 24.

5. PUBLIC HEARING: Public Hearing to consider the purchase of 610 S. Eucalyptus

Street and 515 Magnolia Avenue, Sebring, FL 33870 for County Annex Building Project #06058.

Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Ramon Gavarrete, County Engineer, commented that the project number needed to be corrected to #06058. Public input was received from Sarah Franklin. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the Contract for Sale and purchase of 610 S. Eucalyptus Street and 515 Magnolia Avenue, Sebring, Florida and in the amount of $134,400.00. Upon roll call, all Commissioners voted aye. Motion carried. See County Annex Building file and SMB 60 Page 23. 6. WORKSHOP: Workshop on CPA-07-438LS, New FLU Policy I.1.G: Urban Services

Boundary. Jim Polatty, Development Services Director, gave a brief power point presentation on the Urban Services Boundary. Don Hanna, from the Planning Department, presented the Urban Services Boundary Categories Analysis. Commissioner Stewart questioned what they are including as public facilities. Mr. Polatty commented that those would be fire, EMS, schools, water/sewer to the site, water source from the ground, drainage, roads, solid waste and recreation. Commissioner Maxcy commented that they should have another workshop to hear from the stakeholders on their comments and concerns.

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Commissioner Stewart commented on her concerns of adopting an urban service boundary. Mr. Polatty commented that they are not adopting but transmitting. Carl Cool, County Administrator, concurred with Commissioner Maxcy in having another meeting in December to hear from the stakeholders. Commissioner Maxcy commented that he would like to have another workshop the second week of December. See SMB 60 Page 25. Break 10:49 A.M. – 11:06 A.M. 7. ACTION: Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. John McElligott, Lifepath Hospice: Request approval of a Proclamation recognizing November as “National Hospice and Palliative Care Month”.

John McElligott, Executive Director of Good Shepard Hospice in Polk, Hardee and Highlands County, presented the request and read the Proclamation into the record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to adopt the Proclamation as read. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 37.

B. Jim Milliron: Impact Fee Mr. Milliron presented a request to the Board to waive paying the impact fees. S.Y. Mosely, Building Official, commented on the basis of charging the impact fee. Ross Macbeth, Board Attorney, commented that it was not appropriate for the Board to vote on this issue since there is an appeal process that needs to be followed. Commissioner Maxcy commented that the appeal process needs to be followed and instructed Mr. Milliron to follow through the appeal process.

C. Development Services Director and County Engineer: Request to adopt the County Thoroughfare Map and Right-of-Way Table.

Jim Polatty, Development Services Director, and Ramon Gavarrete, County Engineer, presented the request. Commissioner Jackson questioned what would be involved with changing the maps. Mr. Gavarrete addressed his question. Commissioner Stewart commented that the Long Range Transportation Committee has not reviewed this item and is premature. Commissioner Maxcy commented that he received a call from a constituent to have it taken off the agenda today. Commissioner Maxcy commented that staff needs to meet with the Long Range Transportation Committee and make sure that they are aware of this. Public input was received from Lesa Morey. See SMB 60 Page 26.

D. Board Attorney: No report.

E. County Administrator: 1. Request approval of budget amendment 06-07-319 to increase fund 151 Reserve for Contingency. Carl Cool, County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve budget amendment 06-07-319. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file & SMB 60 Page 27.

2. Discussion on hiring Division Directors.

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Carl Cool, County Administrator, presented the request and requested moving forward with filling these positions. Commissioner Maxcy commented that he would like to move forward with filling these positions. Commissioner Stewart commented that she received a letter from EDC and Ray Royce recommending that these positions not be filled. Public input was received from Tommy Todd. Mr. Cool commented that he would like the Board to consider hiring division directors with a probationary period of 12 months. John Minor, Human Resources Director, commented on some of his concerns. Commissioner Bates questioned if an employee facing a 12 month probation period would consider taking a position. Mr. Minor commented that this would have not bothered him and what is important is to make the explanation clear to the applicant. Commissioner Stewart commented she would like to ask Mr. Todd and Mrs. Handley this same question. Tommy Todd and Ruth Handley addressed her question. Sheriff Susan Benton commented that the majority of her staff has a one year probationary period and they have not a problem recruiting and, in instances, their probationary period does not start until their training has been completed. Commissioner Maxcy commented that he would like Mr. Cool to summarize what his plan was. Mr. Cool commented that he would recommend that they start the advertising process to fill these positions with one change that their probationary period would be 12 months or 6 months after the new administrator is hired, which ever is longest. Commissioner Jackson commented that they should move forward with filling these positions. Mr. Cool commented that all he needs is a motion by the Board to amend these three job descriptions to change the probationary period from 6 months to 12 months. Motion by Commissioner Jackson, seconded by Commissioner Stokes, to move to change the job descriptions. Commissioner Jackson commented that he preferred it to be worded to be 6 months after the new administrator takes his position. Commissioner Bates commented that he would like the County Administrator to outline the interviewing process. Mr. Cool outlined the process to the Board. Mr. Minor suggested that he would recommend that they amend the motion to allow whoever is hired in these three positions to be able to use some of their vacation or sick leave after 6 months. Mr. Cool commented that they would still be on probation but allowed to take some vacation time and sick leave of the time they earned. Ross Macbeth, Board Attorney, commented that the motion was not for 12 months, it was for 6 months after the new county administrator was hired. Commissioner Stewart questioned if it’s 12 months after they’re hired. Mr. Macbeth commented that his suggestion was to stay with the motion and then eventually amend those job descriptions to make them 12 months. Commissioner Jackson commented that that he would prefer it to be 12 months from hire. Mr. Cool commented that they can amend the job description to say that the probation period for these four jobs will be 12 months but in case the three positions we’re seeking to fill the probationary period will be 12 months or 6 months after the new administrator is hired. Commissioner Maxcy questioned if this was okay with Commissioner Jackson. Commissioner Jackson stated yes. The motion was amended to state as follows: To amend the four job descriptions to include 12 month probations and for three of the positions, the probation will be for six months past the hire of the county administrator and the employees can take sick and annual leave after the first six months. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stewart commented that she would like the Board informed on the process of the hiring on the new county administrator. Commissioner Bates questioned the process of the hiring of the new county administrator. Mr. Cool addressed his question. See SMB 60 Page 28.

3. Discussion on Legislative Delegation meeting. Carl Cool, County Administrator, commented that the Legislative Delegation meeting is scheduled for December 5, 2007 at 9:00 a.m. in the Board of County Commissioner Chambers. See SMB 60 Page 29.

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8. CITIZENS NOT ON THE AGENDA Lisa Jensen commented that she would like the public to have the opportunity to review the EAR draft report before it’s transmitted to the Department of Community Affairs. Mr. Cool commented that he would provide it. 9. COMMISSIONERS:

Commissioner Jackson: No report. Commissioner Stokes: No report. Commissioner Stewart: Commissioner Stewart thanked Ramon Gavarrete, County Engineer,

and staff for their part on the beautification on Main Street in downtown Avon Park. Commissioner Bates: No report. Commissioner Maxcy: No report.

10. ADJOURN: The meeting adjourned at 1:12 P.M.

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REGULAR MEETING OF THE BOARD, NOVEMBER 13, 2007

1. The meeting was called to order at 9:00 a.m. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Pam Cross

Andrew Jackson J. Ross Macbeth Don Bates Antonia Rivera Barbara Stewart

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Commissioner Stokes. 3. ANNOUNCEMENTS

A. Clerk No report.

B. Upcoming County meetings:

Nov 13 3:00 pm Planning & Zoning Commission and the Local Planning Agency & Zoning Board of Adjustment

Board room, 600 S. Commerce Ave., Sebring, Florida

Nov 14 7:30 am Children’s Services Council Children’s Advocacy Center, 1000 S. Highlands Ave., Sebring, Florida

Nov 14 9:30 am Children’s Services Council of Highlands County Safehouse Sub-Committee

Children’s Advocacy Center, 1000 S. Highlands Ave., Sebring, Florida

Nov 14 1:30 pm Professional Services Acquisition Committee #251, 600 S. Commerce Ave., Sebring, Florida

Nov 14 4:00 pm Joint Growth Management Committee meeting with the Town Council and LPA

311 W. Interlake Blvd., Lake Placid, Florida

Nov 14 6:00 pm Lake Denton Committee #3, Ag-Center, 4509 George Blvd., Sebring, Florida

Nov 15 9:00 am Keep Highlands County Beautiful, Inc. Board of Directors

Sebring Chamber of Commerce, 227 US Hwy. 27 N., Sebring, Florida

Nov 15 1:15 pm Highlands County Hospital District Board Board room, 600 S. Commerce Ave., Sebring, Florida

Nov 15 2:30 pm Recreation & Parks Advisory Committee #213, 505 S. Commerce Ave., Sebring, Florida

Nov 15 1:30 pm Environmental Clearance Committee of the Natural Resources Advisory Commission (NRAC)

501 S. Commerce Avenue Annex, Sebring, Florida

Nov 19 7:00 pm Highway Park Neighborhood Preservation & Enhancement District Council meeting

114 Cloverland Street, Lake Placid, Florida

C. Other meetings: The Florida Association of Counties is having a legislative conference

starting tomorrow morning. The Substance Abuse Coalition has a meeting November 14, 2007 at 9:30 a.m. at the Florida Hospital in their conference room. The Friends of Istokpoga have a meeting on Thursday, November 15, 2007 at 7:00 p.m. at the Lorida Community Building. The Environmental Clearance Committee is having a meeting November 19, 2007 at 1:30 p.m. A Veteran’s Day Ceremony will be held today at Woodlawn Elementary at 9:30 a.m.

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4. CONSENT AGENDA: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits November

13, 2007. General Fund 261,412.66

County Transport Trust 62,891.35 Intergovt Radio Comm 326.70 Local Govt Infra Surtax 288,316.70 Tourist Dev Trust Fund 9,504.75 Comm Development Block 341,580.62 Affordable Housing Asst 5,214.94 Home Initiatives Partner 4,500.00 Hurricane Housing Rec Pro 652.80 Sebring Parkway Maint 300.00 Court Tech 28.24(12)(E)1 80.00 Building Fund 8,129.92 HCISSRB Construction Fund 2,326.61 Solid Waste 13,632.66 Highway Park Utility 6.23 Risk Retention Fund 10.95 Employee Benefit Fund 16.77

B. Request to accept into the record the 2006/2007 Annual Report. See Annual Local Governmental Financial file.

C. Request to accept the Water Supply Plan Final Phase 3 Report for Highlands County as prepared by the consultants Envisors and Black and Veach for the Heartland

Water Alliance. This item was moved to the action agenda. D. Request approval of a Release of Nuisance on Case No. CE 06050001, 4504 Weeping

Willow Ave., Sebring, FL. See Subdivision file. E. Request approval of a Release of Nuisance on Case No. CE 05080144, 4604 High

Ave., Sebring, Highlands County, FL. See Subdivision file. F. Request approval of the honorary appointment of Pastor Mike and Pat Karl to the

Children’s Services Council. See SMB 60 Page 30. G. Request approval of the appointment of Jimmy Wohl as an agricultural

representative to the Natural Resources Advisory Commission (NRAC). See SMB 60 Page 31.

H. Request approval of an Interlocal Agreement with the Town of Lake Placid, Florida for a Town Planner to provide staff assistance for administration of the Town’s Comprehensive Plan, Zoning Code and Land Development Regulations. See Town of Lake Placid file & SMB 60 Page 32.

I. Request approval of an Interlocal Agreement with the Highlands County School Board for Impact Fees. See Impact Fee file & SMB 60 Page 33.

J. Request approval of Consultant Service Authorization No. 8680.41 to Chastain-Skillman, Inc. for Miscellaneous Engineering & Surveying Services. See Chastain Skillman, Inc. file & SMB 60 Page 34.

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K. Request approval to sign Temporary Construction Easement for South Central Florida Express, Inc. (SCFE), a Corporation (U.S. Sugar) for construction between Lemon Avenue and Center Avenue for Sebring Parkway Phase II Project #01101. See Sebring Parkway Phase II file & SMB 60 Page 35.

L. Request approval of Hospital District Grant Agreements per attached list. See SMB 60 Page 36.

M. Request approval of budget amendment 07-08-024. See Budget Amendment 2007 file & SMB 60 Page 37.

N. Request approval of Resolutions & budget amendments 07-08-026; 027. This item was moved to be voted on separately since Commissioner Jackson declared a conflict of interest.

N. Request approval of Resolutions & budget amendments 07-08-026; 027.

Commissioner Jackson declared a conflict of interest. A Memorandum of Voting Conflict form was entered into the record. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve item “N”. Upon roll call, all Commissioners voted aye, except Commissioner Jackson who abstained. Motion carried. See Res. Book 21 Page 39, Budget Amendment 2007 file & SMB 60 Page 38.

5. WORKSHOP: Workshop to consider the Veteran’s Service Office request to set a Public

Hearing to consider an Ordinance providing financial support to active duty military residents.

Joseph Dionne, Highlands County Veteran Services Officer, presented the request. Commissioner Jackson questioned how many service men are in active duty in Highlands County. Mr. Dionne commented that they don’t have many. Commissioner Stewart commented that she would like the surviving spouse aspect explained. Mr. Dionne addressed her comment. Commissioner Bates questioned the application process. Mr. Dionne explained the application process. Commissioner Stewart commented that she would like know how many people who are overseas are property owners versus renters. Mr. Dionne commented that he would try to get these numbers for her. Public input was received from John Drennan, Roy Whitton and Gabriel Read. Commissioner Maxcy commented that the County Attorney needs to review it and get the numbers that Commissioner Stewart requested. See SMB 60 Page 39. 6. ACTION: Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. 1. Dr. Hilary Swain, Archbold Biological Station, Natural Resources Advisory Commission: Request approval of a NRAC recommended Resolution very strongly supporting the Lake Wales Ridge Project remains on the Florida Forever list within the top 15 projects recommended for continued funding.

Dr. Hilary Swain, of the Archbold Biological Station, presented the request. Motion by Commissioner Bates, seconded by Commissioner Stokes, to move to adopt the Resolution. Public input was received from John Drennan and Gabriel Read. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 38 & SMB 60 Page 40.

2. Request to accept the Water Supply Plan Final Phase 3 Report for Highlands County as prepared by the consultants Envisors and Black and Veach for the Heartland Water Alliance.

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Ramon Gavarrete, County Engineer, presented the request. Steven L. Elias, Vice President of Engineering with Envisors, gave a power point presentation on the water supply planning overview. Commissioner Stewart commented on the importance on the consistency of the plans. Carl Cool, County Administrator, commented that they have to all work together to make the plan work. Jim Polatty, Development Services Director, commented that he would like to take this plan and essentially present this to the Department of Community Affairs as our water supply plant. Alison Megrath, representing Atlantic Blue and Blue Head Ranch, commented that this plan was prepared prior to the county indicating their intent and willingness to support the consideration of Rural Land Stewardship program and questioned if the proposed Rural Land Stewardship program would have any bearing on this report. Mr. Elias questioned if there would be a water need associated with the program. Ms. Megrath stated yes and that they are very supportive of this document and asked that they all work collectively and collaboratively. Motion by Commissioner Stewart, seconded by Commissioner Stokes, to move to accept the Final Phase 3 Report of the Water Supply plan prepared by Heartland Water Alliance. Upon roll call, all Commissioners voted aye. Motion carried. See Heartland Water Alliance file & SMB 60 Page 41. Break 10:56 A.M. – 11:20 A.M. Commissioner Maxcy moved up item “7” to be heard as item “AA”.

AA. WORKSHOP: Workshop presented by representatives of the South Florida Water Management District and the U.S. Army Corps of Engineers on the Lake Istokpoga Deviation Request.

Carl Cool, County Administrator, presented the request. Kim O’Dell, South Florida Water Management District Okeechobee Service Center Project Manager, and Kathy Byrd, of the U.S. Army Corps of Engineers, gave a power point presentation on the Lake Istokpoga deviation request. Commissioner Maxcy commented on his concern on hydrilla. Commissioner Bates questioned what would be the ending date if the deviation is approved. Ms. Byrd stated that the ending date would be July 1, 2008. Public input was received from David Douglas, Bill Dwinell, Ray Royce, John Drennan and Bert Gallaway. Clell Ford, Lakes Manager, commented on the lake levels. Commissioner Stokes commented on his concerns. Commissioner Jackson commented that the Board needs to recognize the problems but look at all the various options. Commissioner Maxcy commented that the consensus of the Board is to look at other options and he thanked everyone for coming today and their input. See SMB 60 Page 42.

B. County Engineer: Update to Florida Department of Transportation LAP (Local Agency Program) Projects.

Ramon Gavarrete, County Engineer, presented the request. Commissioner Stewart questioned if local tax money is being used for these projects. Mr. Gavarrete stated that they are using federal funds. Mr. Gavarrete presented the Lake Placid Interlake Boulevard (Devane Circle) Landscaping project to the Board and commented that the consensus of the Board was to go back to the Department of Transportation and ask them to put the money back into design and permitting. Mr. Gavarrete continued and presented the College Drive/Memorial Drive Multi-Use Path project to the Board and commented that he would like to see if the college still plans on funding $50,000.00. Commissioner Maxcy commented that the consensus was for him to go forward with this plan. Mr. Gavarrete presented the Sun’n Lake sidewalk to the Board. Commissioner Maxcy thanked Mr. Gavarrete for the update on all of these projects. See SMB 60 Page 43.

C. Human Resources Director:

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1. Request for direction concerning the selection of an executive search firm. John Minor, Human Resources Director, presented the request. Commissioner Maxcy commented that he would like the Human Resource Director to make the recommendation on the executive search firm. Commissioner Bates commented that he would like the Commission to be involved in the selection of the firm. Commissioner Stewart concurred with Commissioner Bates and commented that she is not ready on making a selection but would also like a 15 minute presentation by 2 or 3 of the firms. Commissioner Stokes stated that more information needs to be gathered before a decision is made. Commissioner Jackson commented that he feels that the Board needs to be involved in the selection. Commissioner Maxcy commented that the consensus of the Board was to schedule some presentations in the next couple of weeks. See SMB 60 Page 44.

2. Request approval of the Zoning Assistant job description. John Minor, Human Resources Director, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Stewart, to move to approve the attached job description for Zoning Assistant as recommended by staff. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 60 Page 45.

D. Board Attorney: No report.

E. County Administrator: Request approval of budget amendment 07-08-025 decreasing

fund 151 Reserve for Contingency Carl Cool, County Administrator, presented the request. Motion by Commissioner Stokes, seconded by Commissioner Bates, to move to approve budget amendment 07-08-025. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file & SMB 60 Page 46. 7. 1.) WORKSHOP: Workshop presented by representatives of the South Florida Water

Management District and the U.S. Army Corps of Engineers on the Lake Istokpoga Deviation Request. This item was moved up to item AA. 2.) Tax Reform

Carl Cool, County Administrator, presented the tax reform update. Commissioner Maxcy thanked Mr. Cool for the update. See SMB 60 Page 47. 8. CITIZENS NOT ON THE AGENDA Frank J. Parker commented on the senior tax exemption. Commissioner Maxcy instructed staff to talk to Mr. Parker after the meeting. John Drennan commented on the senior tax exemption and questioned the hiring of a firm to assist in hiring a county administrator. Commissioner Maxcy instructed staff to talk to Mr. Drennan after the meeting. Tonya Kahn requested a waiver of fees to animal control for housing two of her cows which were picked up by Animal Control due to someone leaving her gate open. Carl Cool, County Administrator, commented on the situation. Commissioner Stewart commented that she has a problem with waiving procedures. Commissioner Maxcy asked the Board for action and no action was taken. 9. COMMISSIONERS:

Commissioner Jackson: No report.

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Commissioner Stokes: No report. Commissioner Stewart: No report. Commissioner Bates: No report. Commissioner Maxcy: No report.

10. ADJOURN: The meeting adjourned at 1:29 P.M.

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REGULAR MEETING OF THE BOARD, NOVEMBER 20, 2007

1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:

C. Guy Maxcy Carl Cool Edgar Stokes Bob Jamison

Andrew Jackson J. Ross Macbeth Barbara Stewart Antonia Rivera Don Bates

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Lamar Ritenour. The Pledge of Allegiance was led by Commissioner Stewart. Commissioner Jackson arrived at 9:07 a.m. Commissioner Stewart reminded the public and the Commission that Penny Phillippi will be leaving in the next couple days and she would like to make the following motion: Motion by Commissioner Stewart, seconded by Commissioner Bates, to direct the Chairman to write a letter thanking Penny for her service over the years and wishing her well. Upon roll call, all Commissioners voted aye. Motion carried. 3. Election of a Chair and Vice Chair Motion by Commissioner Bates, seconded by Commissioner Stewart, to nominate Commissioner Stokes as Chairperson to the Board of County Commissioners. Upon roll call, all Commissioners voted aye. Motion carried. The gavel was passed to the new Chair, Commissioner Edgar Stokes. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to nominate Commissioner Jackson as the Vice-Chairperson to the Board of County Commissioners. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Stokes thanked Commissioner Maxcy for his outstanding service and continued commitment to the community as Chairman during the last year and presented him with a plaque. 4. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, commented that the Clerk’s office is testing a new recording software today and it will be available on the Clerk’s website in the near future.

B. Upcoming County meetings: Nov. 21 10:00 am E-911 Communications Committee Desoto City Fire Station 19, 6800 W.

George Blvd., Sebring, Florida November 22 and 23, 2007 County offices closed in observance of the Thanksgiving holiday

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C. Other meetings: The Avon Park Christmas Parade is scheduled for November 26, 2007 at 7:00 p.m. The Sebring Christmas Parade is scheduled for December 7, 2007 at 7:00 p.m. The Lake Placid Christmas Parade is scheduled for December 8, 2007 at 7:00 p.m. The Southwest Florida Water Management District has a meeting tonight at 6:30 p.m. at the Agri-Civic Center. The Highlands County Tourist Tax Committee has a meeting on November 26, 2007 at 8:15 a.m. The Lake Istokpoga Management Committee is having an emergency meeting on November 26, 2007 at 10:00 a.m. at the Agri-Civic Center in Room #3. 5. CONSENT AGENDA: Motion by Commissioner Bates, seconded by Commissioner Maxcy, to move to approve the consent agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits November 20, 2007.

General Fund 1,946,161.70 County Transport Trust 71,077.65 Intergovt Radio Comm 12,085.49 Legal Aid 3,598.82

Local Govt Infra Surtax 39,455.45 Tourist Dev Trust Fund 234.17 Affordable Housing Asst 36,934.06 Home Initiatives Partner 15,000.00 Hurricane Housing Rec Pro 652.80 Sebring Parkway Maint 850.00 Building Fund 21,579.63 HCISSRB Construction Fund 1,270.00 Solid Waste 8,077.51 Placid Utilities 6,490.12 Highway Park Utility 3,677.90 Risk Retention Fund .36 Employee Benefit Fund 1.08 Tax Deed Surplus Fund 1,439.58

B. Request approval of several Satisfaction of Mortgages per attached list. See Satisfaction of Mortgage file.

C. Request approval of a contract/proposal for continuing services with Tindale-Oliver & Associates, Inc., budget amendment 07-08-029. This item was moved to the action agenda for further discussion.

D. Request approval to consider Professional Continuing Services Contracts for categories two (2) Engineering, three (3) Landscape Architectural, and four (4) surveying and mapping services in accordance with Section 287.055, Florida Statues with the firm of RQAW Corporation, and Indiana Corporation, registered to do business in the State of Florida. See RQAW Corporation file & SMB 60 Page 48.

E. Request approval of an Interlocal Agreement with the Town of Lake Placid relating to Impact Fees. See Town of Lake Placid file & SMB 61 Page 1.

F. Request approval of Resolution & budget amendment 07-08-028. See Res. Book 21 Page 40, Budget Amendment 2007 file & SMB 61 Page 2.

6. ACTION:

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Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Tom Andrews: Request approval of a Proclamation recognizing “Farm City Week”. Tom Andrews, from Farm Bureau, presented the request. Commissioner Bates read the Proclamation into the record. Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to adopt the Proclamation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 41.

B. 1. Request approval of a contract/proposal for continuing services with Tindale-Oliver & Associates, Inc., budget amendment 07-08-029.

Ramon Gavarrete, County Engineer, and Robert Wallace, from Tindale-Oliver & Associates, Inc., presented the request. Commissioner Stewart commented on the importance of keeping the public, landowners and the Board of County Commissioners informed as the plan is developed. Commissioner Bates commented on the importance of involving the residents of Placid/Leisure Lakes. Mr. Wallace commented that he would make sure the public is informed. Commissioner Stewart questioned if the three municipalities were informed. Mr. Gavarrete addressed her question. Motion by Commissioner Jackson, seconded by Commissioner Stewart, to move to approve the contract. Commissioner Stokes questioned if this included the budget amendment and Resolution. Commissioner Jackson stated yes. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 42, Tindale-Oliver & Associates, Inc. file & SMB 61 Page 3.

2. County Engineer: Presentation on Thunderbird Hill South Wastewater Treatment Plant corrective action options, consideration to approve Hole Montes, Inc. to prepare Consultant Service Authorizations for assessment of one or more options and consideration to send a community budget issue request to the State Legislature for approval.

Ramon Gavarrete, County Engineer, presented the request. Robert Diefendorf, Transportation/Utilities Project Manager, gave a brief power point presentation on the Thunderbird Hill South Wastewater Treatment Plan. Commissioner Stewart questioned if a private entity purchases this plant, would they be responsible to pay outstanding fines. Mr. Diefendorf commented that he was not sure. He also commented that they are asking the Board for a motion whether or not the Board wants Denise Grimsley to present this to the legislature and try to obtain grant funds. Mr. Gavarrete commented on some changes. Commissioner Maxcy commented that he would like to make a motion to move to go to the legislature for a grant opportunity with changes outlined by the County Engineer. Motion died for the lack of a second. Commissioner Maxcy questioned the total cost. Mr. Gavarrete commented that he is not sure on the cost and that an analysis would have to be done. Commissioner Maxcy commented that he can’t make a decision until he has an estimate on the cost. Commissioner Stewart commented that she would like to recommend that they pursue option “B” and get with the City and sign the Interlocal Agreement and submit the Community Budget Issue Request (CBIR) grant request form to the legislative delegation. Commissioner Bates commented that he would like to hear public input. Commissioner Jackson concurred with Commissioner Bates. Public input was received from Bert Harris, David Plank, Lamar Ritenour and Audrey Vickers.

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Motion by Commissioner Stewart, seconded by Commissioner Bates, to move that the County pursue option “B” and go forth with signing an agreement with the City of Sebring to provide service to the area that is currently served by Landmark Utilities in anticipation of him disposing of the facility and that the County, in cooperation with the City of Sebring, submit a Community Budget Issue Request (CBIR) to our delegation to acquire grants to help with the improvements necessary for the City of Sebring to provide service. Commissioner Jackson requested clarification on the Interlocal Agreement with the City of Sebring. Ross Macbeth, Board Attorney, commented that the Interlocal Agreement needs to be brought back to the Board for approval. Commissioner Bates requested that the motion be restated. Commissioner Stewart commented that her motion was to move to pursue option “B”, go forth with developing the agreement with the City of Sebring to provide waste water service to the Landmark Utilities service area and, in cooperation with the City of Sebring, submit a Community Budget Issue Request (CBIR) to our legislative delegation. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. Commissioner Stewart commented that she would like to instruct the County Administrator and County Attorney to move forward with this as soon as possible and make this a priority item. Mr. Macbeth questioned if the Board wanted him to bring back an Ordinance to establish a non ad valorem assessment district for this service area. Commissioner Stokes commented that the consensus of the Board was to have the Ordinance presented to the Board for consideration. See SMB 61 Page 4. Break 11:11 A.M. – 11:28 A.M.

C. Interim EMS Director and a representative from West Coast – Southern Medical Service, Inc.: Request approval of a Certificate of Public Convenience and Necessity (COPCN).

Stephen P. Coltharp, Interim EMS Director, presented the request. Motion by Commissioner Bates, seconded by Commissioner Maxcy, to move to approve the request. Upon roll call, all Commissioners voted aye. Motion carried. See EMS file & SMB 61 Page 5.

D. Board Attorney: No report.

E. 1. County Administrator: Request approval of items to be submitted to the Legislative Delegation.

Carl Cool, County Administrator, presented the request. Commissioner Stewart commented that she would like to have additional information attached on the Lake Placid Community Center and on the Community Budget Issue Request (CBIR) for Thunderbird Hills. Mr. Cool commented that he would have these attached. Louise England, Executive Director, commented on the Rural County Classification. Commissioner Bates commented that he would like the Rural County Classification included in the legislative packet. Commissioner Stokes commented that the consensus of the Board is to have this added. See SMB 61 Page 6. 2. Request from the Town of Lake Placid for marl. Carl Cool, County Administrator, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve this request from the Town of Lake Placid. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 61 Page 7. 7. CITIZENS NOT ON THE AGENDA No participants.

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8. COMMISSIONERS: Commissioner Maxcy: Commissioner Maxcy commented that he would like everyone to keep

in their thoughts and prayers the families of Lonnie Curl, Ray Graddy and Bob Baker that passed away last week.

Commissioner Bates: Commissioner Bates commented that they are moving forward with the Lake Denton Committee and getting close to a short term solution.

Commissioner Jackson: No report. Commissioner Stewart: Commissioner Stewart commented on the Statewide Fire School

coming back to Highlands County. Commissioner Stokes: No report.

9. ADJOURN The meeting adjourned at 11:53 A.M.

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REGULAR MEETING OF THE BOARD, NOVEMBER 27, 2007

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:

Edgar Stokes Carl Cool Andrew Jackson Pam Cross

Barbara Stewart J. Ross Macbeth Don Bates Antonia Rivera C. Guy Maxcy

2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Commissioner Maxcy. 3. ANNOUNCEMENTS

A. Clerk No report. B. Upcoming County meetings:

Nov. 28 10:00 am Heartland Library Cooperative Board Lake Placid Public Library

C. Other meetings: The Sheriff’s Office Facility Workgroup is scheduled for November 28, 2007, at 9:30 a.m. at the Highlands County Annex Building in the Engineering Conference Room located at 505 S. Commerce Avenue, Sebring, Florida, 33870. The Ten County Coalition has a meeting on Friday, November 30, 2007, at 10:00 a.m. at the Okeechobee Civic Center.

4. CONSENT AGENDA: Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits November 27, 2007.

General Fund 125,476.02

County Transport Trust 25,211.29 E911 Operations Fund 28,279.67

E911 Wireless Fund 16,070.25 Intergovt Radio Communication 1,725.46 Local Govt Infra Surtax 2,016.25 Tourist Dev Trust Fund 4,309.34 Comm Development Block 30,000.00 Affordable Housing Asst 50,694.48 Sebring Parkway Maint 196.24 Court Tech 28.24(12)(E) 1 148.52 Building Fund 1,210.40

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HCISRB Construction Fund 1,847.00 Solid Waste 39,348.73 Placid Utilities 34.63 Highway Park Utility 8.77 Highlands Hosp Pass Thru 294,540.00

B. Request approval of board meeting minutes for the November 6, 2007. See Clerk of Courts website.

C. Request approval of several Satisfaction of Mortgage(s) per attached list. See Satisfaction of Mortgage file.

D. Request approval to waive the County’s two-step Surplus Disposal process, declare indicated item as Surplus, and allow donation of said item a Vibratory Patch Roller, Fixed Asset (FA) number RB001022 to DC Off-Road RC Park. See SMB 61 Page 8.

E. Request approval to declare attached County Property as Surplus, Fixed Asset No.’s VFD-1005 10,000 gallon tank located at Highlands Parks Fire Department and VFD-1007 10,000 gallon steel tank located at Venus Fire Department, waive two-step Surplus Disposal process, and allow said Surplus to be disposed of by going out for Formal Written Offers (FWO). See SMB 61 Page 9.

F. Request approval of Professional Continuing Services Contracts for Categories One (1) Architectural, and Four (4) Surveying and Mapping Services in accordance with Section 287.055, Florida Statutes with the firm of Post, Buckley, Schuh, & Jernigan, Incorporated; DBA PBS&J, a Florida Corporation. See SMB 61 Page 10 & Post, Buckley, Schuh & Jernigan, Incorporated file.

G. Request approval of a Release of Lien for Case CE07020065, 118 Zion Street, Lake Placid, Highlands County, FL. See Subdivision file.

H. Notification of two (2) vacancies on the Recreation and Parks Advisory Committee (RPAC). See SMB 61 Page 11.

I. Request to approve Sebring Parkway Phase II Project No. 01101 CSX Transportation, Inc. Construction Agreement. See Sebring Park Phase II file & SMB 61 Page 12.

J. Request to accept and record the Warranty Deed, Certificate of Members and Partial Release of Mortgage and Collateral Assignment of Rents and Leases for the Las Villas at Kenilworth commercial development. See County Deed file & SMB 61 Page 13.

K. Request approval of application and hearing dates for 1st round of Comprehensive Plan Amendment Applications. See SMB 61 Page 14.

L. Request approval of a Resolution to establish a Public Hearing to consider closing the forty-foot wide platted street adjacent to the east boundary lines of Farm Lots 12-15, Map of Suburban Tracts and Farms of Desoto, Florida, according to the map or plat thereof recorded in Plat Book 3, Page 21 of the Public Records of Desoto County (now Highlands) County, Florida and Print Book Page 20, of the Public Records of Highlands County, Florida, lying between the South Right-of-Way Line of the East-West platted road adjacent to the north boundary lines of Farm Lots 15 and 16 of said subdivision and the north Right-of-Way line of the East-West Road adjacent to the south boundaries of Farm Lots 12 and 19 of said subdivision. See Res. Book 21 Page 43 & SMB 61 Page 15.

M. Request approval of budget amendment 07-08-030. See Budget Amendment 2007 file & SMB 61 Page 16.

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Commissioner Stokes commented that he wanted to hear action agenda item B. 1. from the action agenda prior to the Public Hearings. Commissioner Stokes commented that he wanted to set the action agenda. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to set the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

B. Director of Human Resources: (Action agenda item.) 1. Request approval of Dr. John C. Alleyne as the County Extension Director for

Highlands County. Carl Cool, County Administrator, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move the confirmation of the appointment of Dr. John C. Alleyne as the County Extension Director/Commercial Horticulture Agent. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 61 Page 17.

5. PUBLIC HEARING: Public Hearing to consider amending Section 8.5-24 of the Code of

Ordinances (Solid Waste Ordinance). Threasa Handley, Assessment Coordinator, presented the request. Ross Macbeth, Board Attorney, commented that the agenda is printed incorrectly and the caption of the Ordinance should read: An Ordinance amending subsection (d) of section 8.5-25 of the Code of Ordinances, Highlands County, Florida, providing for election of a commercial classification; providing for severability; providing for conflict; providing for inclusion in code; and providing for an effective date. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to adopt the Ordinance to amend subsection (d) of section 8.5-25 of the Code of Ordinances, Highlands County, Florida. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 61 Page 18 & Ordinance Book 12. 6. PUBLIC HEARING: Public Hearing to consider a Notice of Lien for Case CE06110043,

172 E A Smith, Lake Placid, Highlands County, FL. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of county expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 7. PUBLIC HEARING: Public Hearing to consider placement of a Lien on Case Number

CE 05070047, 6012 Red Beach Lane, Sebring, FL. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Carl Cool, County Administrator, commented that he would like the Board to approve the recommended motion. Motion by Commissioner Bates, seconded by Commissioner Maxcy, to move to approve the lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of county expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 8. PUBLIC HEARING: Public Hearing to consider a Notice of Lien for Case CE07010160,

131 Blue Fish Drive, Sebring, Highlands County, FL.

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April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Maxcy, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 9. PUBLIC HEARING: Public Hearing to consider a Notice of Lien for Case CE 06080062,

4908 Barnum Street, Sebring, Highlands County, FL. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 10. PUBLIC HEARING: Public Hearing to consider a Notice of Lien for Case CE 07020022,

130 Anderson Street, Lake Placid, Highlands County, FL. April Hartseil, Code Enforcement Officer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Maxcy, to move to approve this lien pursuant to Highlands County Code of Ordinances Section 5.6-7 to begin the collection of County expenses. Upon roll call, all Commissioners voted aye. Motion carried. See Subdivision file. 11. PUBLIC HEARING: Public Hearing to consider purchase of a portion of 3955 & 3695

Desoto Road and 3769 Desoto City Road, Sebring, FL, 33870 for Sebring Parkway Phase II Project #01101.

Kathy Avirett, Land Acquisition Manager, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Commissioner Stewart commented that she would like know if this is going to be deeded to the railroad or does the County keep the title. Ramon Gavarrete, County Engineer, commented that this property will be deeded to the railroad. Commissioner Stewart questioned if the easement will have a limited time. Mr. Gavarrete commented that the temporary construction easement has an expiration date of June 30, 2008. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve Contract for Sale and Purchase Agreement for a portion of 3955 & 3695 Desoto Road and 3769 Desoto City Road, Sebring, Florida, 33870, as described. Upon roll call, all Commissioners voted aye. Motion carried. See Sebring Parkway Phase II file & SMB 61 Page 19. 12. PUBLIC HEARING: Public Hearing to consider a motion to approve a Resolution to

vacate an easement being that portion of a 15-foot drainage and utility easement lying between Lots 10 and 11, Block 51, Sebring Country Estates, Section Three, according to the map or plat thereof as recorded in Plat Book 9, Page 6, Public Records of Highlands County, Florida, and lying East of the rear 7.5 foot utility and drainage easement over said Lots 10 and 11, and proceeding to the easterly common lot line of said Lots 10 and 11.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the Resolution to vacate a portion of the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 44 & SMB 61 Page 20.

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13. PUBLIC HEARING: Public Hearing to consider a motion to approve a Resolution to

vacate an easement lying on the westerly side of Lot 28 and the easterly side of Lot 29, Block 7, Orange Blossom Estates, Unit 6, as recorded in Plat Book 6, Page 35 of the Public Records of Highlands County of Florida, less and except the northerly 10 feet thereof.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 45 & SMB 61 Page 21. 14. PUBLIC HEARING: Public Hearing to consider a Resolution to vacate an easement

described as the 7.5 foot easement lying along the west line of Lot 5, Block 4, Harder Country Club II, according to the plat thereof recorded in Plat Book 13, Page 46, of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request and advised the Board that this has already been approved by the Board back in October but was advertised incorrectly due to an incorrect Plat Book Page number. Proof of Publication was provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 46 & SMB 61 Page 22. 15. PUBLIC HEARING: Public Hearing to consider one (1) zoning change and a Public

Hearing regarding Stipulated Settlement Agreement (SSA) For Amendments 04-1 & 2, 05-1 & 2 and 06-1 & 2 are on the Board of County Commissioners Agenda for November 27, 2007. This agenda item was heard by the Planning and Zoning Commission/Local Planning Agency on November 13, 2007. NEW BUSINESS – HEARING # 1924 WALTER AND KATHERINE STONE AND NADINE MORRIS - C/O BRYAN WEILApproximately 1 ½ acres on the Southeast corner of SR 17 and Lake Bonnett Road, and abbreviated legal as follows: Approximately 1 ½ acres located in Sec. 06, Twp. 34S, Rge. 29E, Highlands County, Florida. Request: A zoning change from M-1 (Mobile Home Subdivisions District) to R-1A (Residential District.) The applicant desires to construct four single family dwellings.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to adopt by Resolution P&Z 1924 amending the zoning atlas for 1.5 acres from M-1 (Mobile Home Subdivision District) to R-1A (Residential District), referencing the mandatory findings and becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file & Res. Book 21 Page 47.

PUBLIC HEARING: STIPULATED SETTLEMENT AGREEMENT (SSA) FOR AMENDMENTS 04-1 & 2, 05-1 & 2 AND 06-1 & 2. This agenda item is the final action in completing the Stipulated Settlement Agreement for Highlands County DOAH Case Nos. 05-1155GM, 05-3558GM, 06-0934GM, 06-5150GM, and 07-1151GM. The Board approved execution of the Agreement on October

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16, 2007. This public hearing is for the adoption of text amendments required by schedule “B” of that agreement.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Stewart read into the record the changes she wanted the Board to consider when the Evaluation Appraisal Report (EAR) is done. Mr. Polatty commented that he would support her proposed amendment. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve and adopt the Ordinances text amendments to the Comprehensive Plan Amendments, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Ordinance Book 12. Break 10:10 a.m. – 10:21 a.m. 16. ACTION: (This item was previously voted on.) Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to move to approve the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Clell Ford Lakes Management Specialist for the Lake Istokpoga Management Committee: Lake Istokpoga Management Committee request regarding the Lake Istokpoga Water Regulation Schedule Deviation Request from the South Florida Water Management District to the United States Army Corps of Engineers (USACE).

Clell Ford, Lakes Manager, presented and gave a brief power point presentation on the Lake Istokpoga Management Committee request regarding the Lake Istokpoga Water Regulation Schedule Deviation. Commissioner Stokes questioned the Lake Istokpoga Regulation Schedule. Mr. Ford addressed his concern. Commissioner Jackson questioned what were the objections raised at the Lake Istokpoga Management Committee. Mr. Ford commented on the arguments and concerns which were raised at the Lake Istokpoga Management Committee meeting. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the request from the Lake Istokpoga Management Committee. Commissioner Stokes commented that he would like all stakeholders considered. Commissioner Maxcy commented that all the stakeholders need to be protected and taken into consideration. Public input was received from Bill Dwinell & Bert Galloway who spoke in opposition to this request. Jack Richie, Ray Royce & Joe Collins spoke in support of this issue. Commissioner Jackson commented that he would like to use different language in the request received from the Lake Istokpoga Management Committee. Commissioner Stokes commented that he would not support any changes on the recommendation received from the Lake Istokpoga Management Committee. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 61 Page 23.

C. Director of Human Resources: 1. Request approval of Dr. John C. Alleyne as the County Extension Director for

Highlands County. (This item was previously heard and voted on prior to the Public Hearing at the request of Commissioner Stokes.)

2. Presentations by Executive Search Firms. John Minor, Human Resources Director, presented the request and commented that he would have each individual give a presentation to the Board.

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Sam Trager, Managing Consultant, for Slavin Management Consultants, gave a brief presentation on their executive search process. Commissioner Bates questioned if they would work with a community committee. Mr. Trager stated that they will be happy to work with a citizen committee. Commissioner Bates questioned if the community committee would impact his timeline. Mr. Trager stated no. Commissioner Bates questioned if their recruitment has been with cities. Mr. Trager stated that they would work with both the cities and the counties. Commissioner Stewart questioned if their number of meetings would be limited. Mr. Trager commented that there is no limit to the amount of meetings and the fees would not increase. Commissioner Stewart questioned the length of time for the application process. Mr. Trager addressed her question. Commissioner Jackson questioned to what extent do they tailor their search and advertising to the private sector rather than other sectors. Mr. Trager commented that they primarily focus on recruiting in the public sector. Commissioner Bates requested that he would like a summarization of their interview process. Mr. Trager summarized the process to the Board. The Commission thanked Mr. Trager for his presentation. Tom D. Freijo, Ph.D., Senior Vice President, of the Mercer Group, Inc., gave a brief presentation of their executive search process. Commissioner Bates questioned if they would work with a community committee and would this impact his timeline. Mr. Freijo commented that his style is very direct and he is supportive of a community committee but would not recommend a citizen committee for the screening process. Commissioner Jackson questioned to what extent they tailor their recruitment and search to the private sector as opposed to the public sector. Mr. Freijo stated that he would search the private and public sector if he is instructed by the Commission. Commissioner Stewart questioned when he would select a candidate. Mr. Freijo commented that he would start advertising and recruiting on March 1st. Commissioner Maxcy questioned if he provides a guarantee to the person hired for the length of their employment. Mr. Freijo commented that if the person they hire leaves within the first year of employment, the search will be done again with no professional fees, only out-of-pocket expenses. Commissioner Bates questioned the rate for additional services. Mr. Freijo commented this rate would be $150.00 per hour for additional services. Commissioner Stewart commented that she would like an explanation on his background search. Mr. Freijo gave a brief explanation on his background search process. The Commission thanked Mr. Freijo for his presentation. Colin Baenziger, of Colin Baenziger & Associates, gave a brief presentation on their executive recruiting process. Commissioner Maxcy questioned if he’s doing work for Okeechobee County. Mr. Baenziger stated yes. Commissioner Stewart questioned who would be doing the work. Mr. Baenziger commented that he would be the project manager. Commissioner Bates questioned when he would start advertising. Mr. Baenziger commented that he would like to start the advertisement process on the 1st of February. Commissioner Jackson questioned to what extent he normally looks to the private sector for his search. Mr. Baenziger commented that they do not normally look towards the private sector. The Commission thanked Mr. Baenziger for his presentation. Break 12:55 p.m. – 1:05 p.m. Commissioner Stokes questioned if the Board wanted to make a decision today. The consensus of the Board was to move forward and make a decision today. Commissioner Jackson questioned if they were going to rank the three firms and tally up the votes. Commissioner Bates commented that this would be a reasonable way to do it. Commissioner Maxcy commented that he doesn’t want to complete an evaluation sheet. Ross Macbeth, Board Attorney, commented that the suggestion was to list them in a one, two, three order and tally them up and the Board has done this in a selective process and what they need to do is write their names and date on a piece of paper and list them in a one, two, three

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order and number one would be the first rank, number two would the second rank and number three would be the third rank and have the Clerk’s office tally them up so it’s part of the public record. Commissioner Maxcy commented that he doesn’t think the Board should do this and suggested to make a motion for the top candidate. Commissioner Stokes instructed the Board to put their names and date on a piece of paper and rank them like the Board Attorney suggested. Commissioner Stewart questioned if the Chair would be entertaining any discussion. Commissioner Stokes stated no discussion. Attorney Macbeth instructed the Clerk’s office to tally the votes which were entered into the permanent record. Attorney Macbeth announced the votes of each Commissioner for the record and there wasn’t a clear winner so the Board Attorney advised them to discuss it some more. Commissioner Stokes asked the Commission if they wanted to discuss it or try a motion. Commissioner Stewart commented on why she suggested the Mercer Group. Commissioner Maxcy commented that he had negative comments on the Mercer Group and that’s why he selected the Baenziger Associates. Commissioner Jackson commented that they are all qualified but he likes the Mercer Group. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to except Colin Baenziger as the candidate for professional recruiter for the County Administrator. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who voted nay. Motion carried. See SMB 61 Page 24. C. Development Services Director: Request approval of the Highlands County

Affordable Housing Advisory Committee. Jim Polatty, Development Services Director, presented the request. Commissioner Jackson questioned if it was a problem because that law requires 11 members and they are only nominating 10. Mr. Polatty commented that they could appoint 10 members now and appoint the 11th member later. Ross Macbeth, Board Attorney, commented that he would have a concern to approve this with only 10 members. Commissioner Stokes instructed staff to take this back and come back with the 11 members. See SMB 61 Page 25.

D. County Administrator: 1. Request approval of an Interlocal Agreement with the City of Sebring regarding the

Thunderbird Hill Waste Water Treatment Plant. Carl Cool, County Administrator, presented the request. Commissioner Jackson questioned if there was any idea on the dollar figure. Mr. Cool commented that it would be in the $30,000.00 range as an estimate. Commissioner Stewart commented that they have to move forward with this but stated that she is uncomfortable with the date in the contract. Commissioner Bates commented that he was not in favor with proceeding with this Interlocal Agreement at this time but if they move forward with approving the Interlocal Agreement, he would like changes made in paragraph two and in item number two and noted the changes. Ross Macbeth, Board Attorney, explained to the Board why the agreement was proposed. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the Interlocal Agreement with the following changes in the second paragraph, third line to read: “and may be abandoned” and on page two, to change the date in item number 11, to “April 30, 2008.” Upon roll call, all Commissioners voted aye. Motion carried. See City of Sebring file & SMB 61 Page 26.

2. Request approval of budget amendment and Resolutions 06-07-320 decreasing Reserve for Contingency.

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Carl Cool, County Administrator, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to move to approve this item. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 48, Budget Amendment 2007 file & SMB 61 Page 27.

3. Discussion concerning Sheriff’s Office Crime Prevention Funds and request approval of budget amendment 07-08-031.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve budget amendment 07-08-031. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file & SMB 61 Page 28. 17. CITIZENS NOT ON THE AGENDA No participants. Ross Macbeth, Board Attorney, commented that he would like to ask the Board to amend the Development Order for Highland Acres and schedule the necessary public hearings. The consensus of the Board was to go forward with the public hearings. Carl Cool, County Administrator, announced that this Friday will be the end of hurricane season. 18. COMMISSIONERS:

Commissioner Bates: No report. Commissioner Maxcy: No report. Commissioner Stewart: Commissioner Stewart requested an update from staff on the schedule

of the Evaluation Appraisal Report (EAR). Jim Polatty, Development Services Director, commented that the deadline is February 1, 2008 and they are not going to make the deadline. He commented that they will give the public the draft for the P&Z meeting in February.

Commissioner Jackson: Commissioner Jackson reported that he attended the Sun’n Lake meeting on their internal audit.

Commissioner Stokes: No report. 19. ADJOURN The meeting adjourned at 2:14 P.M.

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REGULAR MEETING OF THE BOARD, DECEMBER 4, 2007

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:

Edgar Stokes Carl Cool Andrew Jackson Jerome Kaszubowski

Barbara Stewart J. Ross Macbeth Don Bates Antonia Rivera C. Guy Maxcy 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Joseph Dionne. The Pledge of Allegiance was led by David Stephens. 3. ANNOUNCEMENTS

A. Clerk No report. B. Upcoming County meetings:

Dec. 4 3:00 pm Highlands Soil and Water Conservation District 4509 George Blvd., Room 3, Sebring, Florida Dec. 4 3:00 pm Zoning Board of Adjustment 600 S. Commerce Ave., Boardroom, Sebring,

Florida Dec. 4 3:00 pm Planning & Zoning Commission and Local

Planning Agency 600 S. Commerce Ave., Boardroom, Sebring, Florida

Dec. 4 3:30 pm Veterans Advisory Board 7205 George Blvd., Sebring, Florida Dec. 4 7:00 pm Construction Licensing, Enforcement and

Appeals Board 600 S. Commerce Ave., Boardroom, Sebring, Florida

Dec. 5 7:30 am Children’s Services Council “Nominating Sub-Committee”

100 S. Highlands Ave., Sebring, Florida

Dec. 5 11:00 am Sheriff’s Office Law Enforcement Facility Work Group and Architects Design Group

6800 George Blvd., Sebring, Florida

Dec. 5 6:00 pm Lake Denton Committee 4509 George Blvd., Conference Room 3, Sebring, Florida

Dec. 6 8:15 am Highlands County Tourist Development Council 4509 George Blvd., Sebring, Florida Dec. 10 6:30 pm Highway Park Neighborhood Preservation and

Enhancement District Council Meeting 114 Cloverland Street, Lake Placid, Florida

C. Other meetings: Highlands County Homeowners Executive Committee is having a meeting on

Monday, December 10, 2007 at 9:00 a.m. at the Sebring Country Estates Club House. The Sebring Christmas parade is scheduled Friday, December 7, 2007, at 7:00 p.m. The Lake Placid Christmas parade is scheduled for Saturday, December 8, 2007, at 7:00 p.m. The Legislation Delegation is meeting Wednesday, December 5, 2007, at 9:00 a.m. in the Board of County Commissioners Chambers located in the Government Center. 4. CONSENT AGENDA: Commissioner Jackson declared a conflict of interest on Consent Agenda item “D”. Memorandum of Voting Conflict was entered into the record. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the consent agenda as listed. Ross Macbeth, Board Attorney, commented that they needed to only approve consent agenda items A, B, C, E and F and vote on item “D” separately due to Mr. Jackson’s conflict. Commissioner Maxcy commented that he would amend his motion: to move to approve the consent agenda with the exception of item “D” and Commissioner

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Bates who seconded the motion concurred. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits December 4, 2007.

General Fund 3,284,248.68

County Transport Trust 107,816.77 E911 Operations Fund 28,279.67

E911 Wireless Fund 16,070.25 Local Govt Infra Surtax 21,157.00

Tourist Dev Trust Fund 1,014.00 Tourist Dev Trust – Lakes 129.77

Affordable Housing Asst 9,125.04 Hurricane Housing Rec Pro 1,305.60 Sebring Parkway Maint 592.64 Crime Prevention 59,474.00 Court Tech 28.24(12)(E)1 13,413.89 Building Fund 850.28 Impact Fee Transp Lk Plcd 2,730.67 Impact Fee Fire 186.07 Impact Fee EMS 16.78 HCISSRB Construction Fund 61,251.12 Solid Waste 165,898.99 Placid Utilities 52,853.10 Energy Recovery 1,555.88 Risk Retention Fund 3.94 Employee Benefit Fund 29.03 Tax Deed Surplus Fund 2,746.60

B. Request approval of schedule for the Board of County Commissioners and Special

Improvement District meetings for the year 2008. See SMB 61 Page 30. C. Request approval to release a Nuisance on case number CE05060057, 9112 Canter Path,

Sebring, Florida. See Subdivision file. D. Request approval to release a Nuisance on case number CE07010222, 109 Washington St.

Lake Placid, Florida. This item was pulled to be voted on a separate motion due to a conflict by Commissioner Jackson.

E. Request approval of a Resolution and updates to the Comprehensive Emergency Management Plan. See Res. Book 21 Page 50 & SMB 61 Page 31.

F. Request approval of Resolutions & budget amendments 07-08-032; 033. See Res. Book 21 Page 51, Budget Amendment 2007 file & SMB 61 Page 32.

D. Request approval to release a Nuisance on case number CE07010222, 109 Washington St.

Lake Placid, Florida. Commissioner Jackson declared a conflict of interest. A Memorandum of Voting Conflict form was entered into the record. Motion by Commissioner Maxcy, seconded by Stewart, to move to approve item “D” on the consent agenda. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained. See Subdivision file.

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5. PRESENTATION: Linda Conrad, Zoning Supervisor, Presentation of State Wide Sign Clean

Up results and Awards. Linda Conrad, Zoning Supervisor, presented the request. Commissioner Stokes presented Certificates of Appreciation awards to: Beverly Singley, Donald Simmons, April Hartseil, Marnita English, Joe Romanik and Bobby Hicks. See SMB 61 Page 33. 6. ACTION: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Ben Walker, Presentation and request for endorsement of Five Year Work Program. Ben Walker, from the Florida Department of Transportation, presented the Five Year Work Program. Commissioner Stewart commented that she would like the PTO transit explained. Mr. Walker gave a brief explanation of the PTO transit. Ramon Gavarrete, County Engineer, thanked him for all his work. Motion by Commissioner Maxcy, seconded by Commissioner Stewart, to move to endorse the Five Year Work Program. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 61 Page 34.

B. Board Attorney: No report.

C. County Administrator: 1. Discussion of possible option for the Thunderbird Hill South Wastewater Treatment

Plant. Carl Cool, County Administrator, presented the request. Commissioner Stokes, Commissioner Jackson and Commissioner Maxcy all commented that they wanted to look at all options. Commissioner Stewart commented that she would like to look at a more permanent cost effective solution. Commissioner Bates commented that he would like to look at all options. Commissioner Stokes commented that the consensus of the Board was to look at all options. Mr. Cool presented a letter to the Board from Swaine, Harris & Sheeham, P.A. Ross Macbeth, Board Attorney, commented that he would not agree with the County accepting the offer presented by Mr. Harris in his letter dated December 3, 2007 due to unknown liability issues and recommended that the Board acknowledge the letter and advise them that it’s under consideration. Mr. Cool commented that he appreciates Mr. Plank’s willingness to work cooperatively with the County. Dan Dorrell, representing Mr. Pugh and Highlands Utilities, presented his request. Public input was received from John Drennan. See SMB 61 Page 35.

2. Request approval of Proposed Impact Fee Credit Agreement. Carl Cool, County Administrator, presented the request. Commissioner Stewart commented that it’s her understanding that they have money in the five year program to purchase this right-of-way. Ramon Gavarrete, County Engineer, commented that this was correct and that all the funding is from impact fees in the Lake Placid District. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to approve the proposed Developer Contribution Transportation Impact Fee Credit Agreement between Highlands County, Florida and 27 Northwest, LLC. Upon roll call, all Commissioners voted aye. Motion carried. See Impact Fee file & SMB 61 Page 36.

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3. Request approval of Resolution and budget amendment 07-08-034 decreasing the fund 005 Reserve for Contingency to match two grants.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve budget amendment 07-08-034 and Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 52, Budget Amendment 2007 file and SMB 61 Page 37.

4. Legislative Delegation Request Carl Cool, County Administrator, commented that he is requesting that the Board of County Commissioners consider adding to the funding request of the Legislative Delegation in the amount of $250,000.00 for window improvements at our courthouse. Motion by Commissioner Stewart, seconded by Commissioner Bates, to move to add this to our Legislative Delegation Request. Public input was received from John Drennan who spoke in opposition to this request. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 61 Page 38. 7. CITIZENS NOT ON THE AGENDA Anthony Tomanio commented that he was requesting assistance in obtaining 12 to 15 loads of clean fill. Carl Cool, County Administrator, commented that he would meet with Mr. Tomanio and the Road and Bridge Department to see if there is a solution for him. Commissioner Stewart commented that she would like to make sure they are not purchasing clean fill and giving it away. Mr. Cool commented that they will brief the Board as to county policies. 8. COMMISSIONERS:

Commissioner Bates: Commissioner Bates commented on the 10 County Coalition meeting he attended last Friday in Okeechobee.

Commissioner Maxcy: Commissioner Maxcy commented that he received some information from the State Board Administration and requested clarification from staff next week. Carl Cool, County Administrator, commented that there are a lot of counties concerned about this issue and was recently briefed by L.E. “Luke” Brooker, Clerk of Courts, and Bob Jamison, Senior Director of Business Services, on what the Clerk’s office proactively recognized and they have moved the majority of funds for Highlands County out of the State Board Administration fund into a safer fund. He complimented the Clerk of Courts for being proactive. See SMB 61 Page 39.

Commissioner Stewart: No report. Commissioner Jackson: No report. Commissioner Stokes: No report.

9. ADJOURN The meeting adjourned at 10:30 a.m.

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REGULAR MEETING OF THE BOARD, DECEMBER 11, 2007

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:

Edgar Stokes Carl Cool Andrew Jackson Bob Jamison

Barbara Stewart J. Ross Macbeth Don Bates Antonia Rivera C. Guy Maxcy 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Rick Helms, Assistant County Administrator. The Pledge of Allegiance was led by Ross Macbeth, Board Attorney. 3. ANNOUNCEMENTS

A. Clerk: Senior Director, Business Services Division, Bob Jamison, and Assistant County Administrator Rick Helms: Report on State Board of Administration (SBA) Investment Pool.

Bob Jamison, Deputy Clerk, gave a report on the State Board of Administration Investment Pool. Ken Wheeler, Solid Waste Management Director, commented on his concerns of utilizing the Landfill Closure Fund. Rick Helms, Assistant County Administrator, gave his report on the State Board of Administration. Commissioner Stokes commented that the consensus of the Board was to have them come back to the Board with a recommendation. See SMB 61 Page 40. Commissioner Jackson arrived at the meeting at 9:10 a.m.

B. Upcoming County meetings:

Dec. 12 7:30 am Board of Directors for Industrial Development Authority & Economic Development Commission

2113 US 27 S., Sebring, Florida

Dec. 13 9:00 am Lake Istokpoga Management Committee 4509 George Blvd., Conference Room 3, Sebring, Florida

Dec. 13 1:30 pm Public Hearing of the Highlands County Code Enforcement Special Magistrate

600 S. Commerce Ave., Boardroom, Sebring, Florida

Dec. 13 2:30 pm Recreation & Parks Advisory Committee Sports Complex Concession Building, 213 Sheriff’s Tower Road, Sebring, Florida

Dec. 13 4:00 pm HC Extension Overall Advisory Committee

Agri Civic Center, 4509 George Blvd., Conference Room 2, Sebring, Florida

C. Other meetings: The Growth Management Committee has a meeting at the Town of the Lake

Placid Municipal Building located at 311 Interlake Blvd., Lake Placid, Florida, on December 12, 2007, at 3:00 p.m. The Heartland Rural Health Network Incorporated Board of Directors has a meeting scheduled on December 12, 2007, at 11:00 a.m. at Tampa General Hospital. The Central Florida Regional Planning Council has a meeting on December 12, 2007, at 9:30 a.m. at the Bob Crawford Ag Center located at 605 E. Main Street, Bartow, Florida.

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4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Bates, to move to approve the consent agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits December 11, 2007.

General Fund 555,773.93

County Transport Trust 17,597.49 Legal Aid 3,598.82

Local Govt Infra Surtax 14,739.36 Tourist Dev Trust Fund 22,908.67 Comm Development Block 400,130.10

Affordable Housing Asst 13,891.60 Home Initiatives Partner 25,000.00

Hurricane Housing Rec Pro 60,391.68 Sebring Parkway Maint 3,078.00 Law Library Trust Fund 2,213.44 Court Tech 28.24(12)(E)1 217.30 Building Fund 2,240.40 Impact Fee Transp Sebring 9,900.06 Impact Fee EMS 39.80 HCISSRB Construction Fund 100.00 Solid Waste 58,937.95 Placid Utilities 7,932.72 Highway Park Utility 1,116.00 Risk Retention Fund 2.54 Employee Benefit Fund 6.17 Tax Deed Surplus Fund 17,439.24

B. Request to approve the board meeting minutes of November 13, 2007. See Clerk of Courts website.

C. Request approval of a Release of Nuisance on Case Number CE 04100109, 8020 CR 635, Sebring, FL. See Subdivision file.

D. Request approval to reappoint Debra Worley to the Highlands County Library Advisory Board. See SMB 61 Page 41.

E. Request approval of Resolutions & budget amendments 07-08-035 & 036. See SMB 61 Page 42, Budget Amendment 2007 file & Res. Book 21 Page 53.

5. WORKSHOP: Workshop on the proposed Urban Services Boundary (USB) for the County and a joint workshop with the Town of Lake Placid Growth Management Committee on the proposed Urban Service Boundary in the Lake Placid area. Jim Polatty, Development Services Director, presented the request. Don Hanna, of the Planning Department, presented an overview presentation on the Urban Services Boundary. Commissioner Stewart commented that she wanted it clarified what the Town of Lake Placid and the County is adopting and what the changes are. Mr. Polatty commented that the presentation should answer all of her questions.

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Bert Harris, Attorney for the Town of Lake Placid, called the Joint Meeting to order at 9:40 a.m. Arlene Tuck, Clerk of the Town of Lake Placid, called roll for the Town of Lake Placid Town Council: Council Member Debra Worley, Council Member Bill Brantley, Council Member Charles Wilson were present; Mayor Katsanis and Council Member Jim Waller were absent. Ms. Tuck called roll call for the Lake Placid Association: Hosmer Compton, Ray Royce, Jack Edgemon, Mason Smoak were present; Carol Smart and Steve Bastardi were absent. Ms. Tuck called roll call for the Lake Placid Growth Management Committee: Ray Royce, Lonnie Wells, Bert Harris, Hosmer Compton, Jimmy Clinard were present; Carolyn Phypers was absent. Mr. Harris presented his request. Ray Royce gave a brief power point presentation of the Lake Placid Visioning Program & Urban Service Area. Commissioner Stewart commented that she would like to hear about the policies from Wilson Miller. Richard Woodruff, from Wilson Miller, read the proposed policies to the Board. Commissioner Stewart questioned how is it determined which properties get to develop in the ten year plan. Mr. Woodruff commented they setup an acreage allocation plan. Ross Macbeth, Board Attorney, commented on his concerns on how this is being proposed. Mr. Harris commented that he would like to submit the plan unchanged and let the Department of Community Affairs approve it or disapprove it. Commissioner Stokes instructed Attorney Macbeth and Attorney Harris to discuss this issue during a break. Break 11:19 a.m. – 11:40 a.m. Attorney Harris commented that Attorney Macbeth has raised some concerns and he is going to attempt to resolve those issues and come up with a proposal. Public input was received from Marty McKenna, John Barben, Robert Livingston, Lou Carter and Jim Brooks. Commissioner Maxcy commented that this a good product but he has some concerns about some areas. Commissioner Stokes commented that everyone has heard the areas of concern and hopes that these issues can be resolved. See SMB 61 Page 43. 6. ACTION: Motion by Commissioner Bates, seconded by Commissioner Stewart, to move to approve the action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.

A. Hospital District Board Chairman Selvin Mcgahee: Request for consideration of Hospital District Board Grants (one or more members of the Hospital District Board may be in attendance).

Selvin Mcgahee, Chairman of the Hospital District Board, presented the request. Public input was received from Joseph Decerbo. Warwick Furr, representing Samaritan’s Touch Care Center, presented his request. Robert Livingston, representing the Highlands County Family Y.M.C.A., Inc., presented his request. Commissioner Stokes commented that the real question is whether or not this can be done legally. Commissioner Bates commented that the real question is whether or not to approve the request or do we need an opinion from the Attorney General. Ross Macbeth, Board Attorney, commented on his reason for concerns. Attorney Furr and Attorney Livingston did not concur with Attorney Macbeth’s reason for concern. Carl Cool, County Administrator, commented that it’s important for all the Commissioners to remember when they took office, they all swore an oath to uphold the laws of the State of Florida and the County Attorney is saying that they are breaking the law if they do this and commented that if they think Mr. Macbeth is wrong that maybe they should seek an opinion from the Attorney General. Diana S. Furr, Executive Director of Samaritan’s Touch Care Center, presented her request emphasizing the economic and human impact of the medical care they provide and commented that they will support the opinion of the Board if they would like to seek an opinion from the Attorney General. Public input was received from John Negley. Commissioner Stewart commented on some

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areas of concern. Commissioner Jackson commented that that he would feel more comfortable with rewording the wording in paragraph three. Attorney Furr commented that they would be agreeable with editing the agreement any way they think it’s appropriate. Commissioner Jackson commented that he is supportive of approving the two grants. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move that the Highlands County Board of Commissioners approve the grant agreements between the Highlands County Hospital District and the grant recipients listed, and make payment to the grantees upon receipt of funds from the Hospital District and in light of the legal opinions brought by the Hospital Board Attorney and the Commission Board Attorney, request an opinion from the State Attorney’s Office. Commissioner Jackson questioned if he is requesting a letter from the Attorney General. Commissioner Bates commented that he would like to go forward with the grant and then seek an opinion. Commissioner Stewart questioned how long it takes for a legal opinion. Commissioner Bates commented that he would like to have the grant paid and then seek an opinion. Attorney Macbeth commented that he didn’t believe the Attorney General would give an opinion under those circumstances. Upon roll call, all Commissioners voted aye. Motion carried. Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to move to amend the 3rd sentence in paragraph three of the agreement to read: The funds shall be held and used by the Grantee to extend medical care to the medically needy, hurting people in the Highlands County area. Attorney Macbeth questioned if they would be making that change in both contracts. Commissioner Jackson commented that he would like to change in both contracts to make it clear that this is for medical purposes. Attorney Furr commented that they will revise the language. Commissioner Stokes commented the agreements should come back to the Commission for further discussion. Commissioner Stewart questioned if this included changing the contract with the Highlands County Y.M.C.A. Commissioner Stokes commented yes. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 62 Page 1. Break 1:44 p.m. – 1:50 p.m.

B. Solid Waste Director: Request authorization for the certification and sale on the international market of carbon credits created from the burning of landfill gas.

Ken Wheeler, Solid Waste Management Director, presented the request. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to authorize the certification and sales on the international market of carbon credits created from the burning of landfill gas. Commissioner Stewart spoke against the motion. Upon roll call, all Commissioners voted aye, except Commissioner Stewart, who voted nay. Motion carried. See SMB 62 Page 2.

C. Board Attorney: No report.

D. 1. County Administrator: Request approval of budget amendment 07-08-037 decreasing fund 005 Reserve for Contingency.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the request. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 62 Page 3 & Budget Amendment 2007 file.

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2. Waive County’s two step Surplus Disposal process, declare indicated livestock surplus, and allow Board staff to sell items at a livestock auction or any other means available for the sale of livestock in our geographical area.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Stewart, seconded by Commissioner Jackson, to move to waive the County’s two step surplus disposal process, declare indicated livestock as surplus and allow said items to be sold through auction, GovDeals.com, written quotes, etc., as allowed by Section 274.05 Florida Statutes. Commissioner Jackson commented that he would like the feeding programs reviewed. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 62 Page 4. 7. CITIZENS NOT ON THE AGENDA Bob Jamison, Deputy Clerk, gave the Board the final statement of his presentation of the State Board of Administration Investment Pool report. 8. COMMISSIONERS:

Commissioner Bates: Commissioner Bates commented that “Grow Houses” directly impact Code Enforcement and Animal Control.

Commissioner Stewart: Commissioner Stewart commented on the Land Acquisition Management Conference she attended last week. She also commented that she will be out next week due to a family commitment.

Commissioner Jackson: Commissioner Jackson commented on the letters he is receiving on the $25,000.00 exemptions.

Commissioner Stokes: Commissioner Stokes questioned if they had the names for the County Administrator Search Committee. Commissioner Maxcy commented that he was turning in some names for the County Administrator Search Committee. Commissioner Stewart commented that she was never instructed to turn in names to the Commission and that this was not discussed publicly. Commissioner Maxcy commented that he thought he was instructed to come up with a list and that’s why he prepared a list of names. Commissioner Stewart commented that it was her understanding that each Commissioner was suppose to turn in names and this needs to be discussed at an upcoming meeting. Commissioner Stokes commented that this will be put on the agenda for the first week in January for further discussion.

9. ADJOURN The meeting adjourned at 2:28 p.m.

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REGULAR MEETING OF THE BOARD, DECEMBER 18, 2007

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:

Edgar Stokes Carl Cool Andrew Jackson Bob Jamison

Don Bates J. Ross Macbeth C. Guy Maxcy Antonia Rivera Commissioner Stewart was absent from the meeting. 2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner Maxcy. The Pledge of Allegiance was led by Commissioner Bates. 3. ANNOUNCEMENTS

A. Clerk Bob Jamison, Deputy Clerk, presented a report of the Clerk of Courts Monthly Report of Business Services for November, 2007 as provided by the Highlands County Clerk of Courts, L.E. “Luke” Brooker. See SMB 62 Page 5.

B. Upcoming County meetings:

Dec. 19 7:30 am Children’s Services Council Nominating Sub-Committee

Children’s Advocacy Center, 1000 S.Highlands Ave., Sebring, Florida

Dec. 20 4:00 pm Landscaping Standards Review Committee Ag-Center, 4509 George Blvd., #3 Sebring,Florida

December 24, & 25, 2007 County offices closed in observance of the Christmas holiday. Tuesday, January 1, 2008 County offices closed in observance of the New Year’s holiday. Wednesday, January 2, 2008 the Highlands County Board of County Commissioners will hold their regular board meeting in the Board room, 600 S. Commerce Avenue, Sebring, Florida.

C. Other meetings: Carl Cool, County Administrator, gave an update on the Sebring Parkway

Phase II construction. Ramon Gavarrete, County Engineer, commented that on January 2, 2008, Eucalyptus Street will be closed from Great Fruit Avenue to Center Street not including Center Street for the next phase of the construction for the Sebring Parkway.

D. Arrival of Santa’s helpers 4. CONSENT AGENDA: Motion by Commissioner Jackson, seconded by Commissioner Maxcy, to move to approve the consent agenda with deleting consent agenda item “J”. Upon roll call, all Commissioners voted aye. Motion carried.

A. Request approval to pay all duly authorized bills and employee benefits December 18, 2007.

General Fund 840,669.68 County Transport Trust 86,299.06

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Intergovt Radio Communica 10,872.32 Law Enforcement Educ 12,808.65 Local Govt Infra Surtax 81,447.30

Tourist Dev Trust Fund 13,536.93 Comm Development Block 130,502.91

Affordable Housing Asst 55,180.00 Home Initiatives Partner 59.06 Hurricane Housing Rec Pro 652.80 Sebring Parkway Maint 850.00 Court Tech 28.24(12)(E)1 38,835.01 Building Fund 50.80 HCISSRB Construction Fund 10,151.70 Solid Waste 9,095.15 Placid Utilities 599.29 Highway Park Utility 109.81 Risk Retention Fund 294,496.36 Employee Benefit Fund 1.44

B. Request approval of the November 20, November 27, and December 4, 2007 board meeting minutes. See Clerk of Court website.

C. Request approval to waive the tipping fee for the Lake Placid Craft Fair for a load to be landfilled on February 4, 2008. See SMB 62 Page 6.

D. Request approval to re-appoint Board of Adjustment/Planning & Zoning members. See SMB 62 Page 7.

E. Request approval of the appointment of Paul McGehee to the Economic Development Commission/Industrial Development Authority Board. See SMB 62 Page 8.

F. Request approval of a Resolution to establish a Public Hearing to consider closing the Intrigues Drive, Block 428, Sun ‘n Lake Estates, Section 29, Plat Book 9, Page 61, Public Records of Highlands County, Florida, less the West 25 feet thereof. See SMB 62 Page 9 & Res. Book 21 Page 54.

G. Request approval of a Resolution to establish a Public Hearing to consider closing Old Church Road (not constructed) as shown on Plat of Horton’s Landing Addition, Plat Book 5, Page 21, Public Records of Highlands County, Florida. See SMB 62 Page 10 & Res. Book 21 Page 55.

H. Request approval of a Resolution to establish a Public Hearing to consider closing the Westerly half of that platted but undeveloped and unimproved road forty (40) feet in width running north and south along the eastern border of Lot 8, Warren and Monday Subdivision, according to the Map or Plat recorded in Plat Book 1, Page 10, of the Public Records of Highlands County, Florida. See SMB 62 Page 11 & Res. Book 21 Page 56.

I. Request approval of a Resolution to obtain a Drainage Easement from DEP for access to the canal which connects Lake Glenada and Lake Lelia in Highlands County and also the recordation of Drainage Easement granted by South Florida Community College. See SMB 62 Page 12 & Res. Book 21 Page 57.

J. Request approval of CSA No. 8680.24C with Chastain-Skillman, Inc. for the Phase I remodeling of Human Services. This item was pulled from the agenda. See SMB 62 Page 13.

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K. Request approval to waive the County’s two-step Surplus Disposal process, declare indicated items as Surplus, and allow donation of said items, shelving units, Fixed Asset (FA) to none, to the Boys & Girls Clubs of Highlands County. See SMB 62 Page 14.

L. Request approval to waive fees for a variance request. See SMB 62 Page 15. M. Request approval to accept 2007 BJA State Criminal Alien Assistance Program

(SCAAP) award and approve Resolution & budget amendment 07-08-40 to appropriate funds for correctional purposes. See SMB 62 Page 16, Budget Amendment 2007 file & Res. Book 21 Page 58.

N. Request execution of Grants Contracts for FY 07/08 for Ridge Area Association for Retarded Citizens, Inc.; Nu-Hope Elder Care Services, Inc.; and Boys & Girls Club of Highlands County, Inc. See Ridge Area Association for Retarded Citizens, Inc. file, Nu-Hope file, Boys and Girls Club of Highlands County, Inc. file and SMB 62 Page 17.

O. Request approval of Planning & Zoning Schedule of Fees. See SMB 62 Page 18. P. Request approval of Fifteen-Passenger Van Safety Policy. See SMB 62 Page 19. Q. Request approval of Resolution & budget amendment 07-08-041 (Housing Department). See Res. Book 21 Page 59, Budget Amendment 2007 file & SMB 62 Page 20. R. Request approval of budget amendment 07-08-039 allocating funding for Special

Masters for Value Adjustment Board. See Budget Amendment 2007 file & SMB 62 Page 21.

S. Request approval of budget amendment 07-08-043 to appropriate funds for a temporary courier for the Heartland Library Cooperative. See Budget Amendment 2007 file & SMB 62 Page 22.

5. PUBLIC HEARING: Public Hearing to consider a Resolution to close the forty-foot wide

platted street adjacent to the East boundary lines of Farm Lots 12-15, map of Suburban Tracts and Farms of Desoto, Florida according to the map or plat thereof recorded in Plat Book 3, Page 21 of the Public Records of Desoto (now Highlands) County, Florida and Print Book Page 20, of the Public Records of Highlands County, Florida, lying between the South Right-of Way line of the East-West platted road adjacent to the North boundary lines of Farm Lots 15 and 16 of said subdivision and the North Right-of-Way line of the East-West road adjacent to the South boundaries of Farm Lots 12 and 19 of said subdivision.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Maxcy, to move to adopt the Resolution as read by the County Engineer. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 60 & SMB 62 Page 23. 6. PUBLIC HEARING: Public Hearing to consider a Resolution to vacate an easement

described as a 20.0 foot easement being a portion of Lots 1 and 25, Block 143, Leisure Lakes, Section Two, as per Plat recorded in Plat Book 6, Page 14, of the Public Records of Highlands County, Florida.

Ramon Gavarrete, County Engineer, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Rick Whidden, representing the applicant, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to adopt the Resolution to vacate the easement as described in the Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 21 Page 61 & SMB 62 Page 24. 7. PUBLIC HEARING: Public Hearing on December 18, 2007 for proposed Zoning Changes,

Small Scale Plan Amendments, and (ORC) Objections, Recommendations and Comments Report for Highlands DCA No. 07-2.

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1A) NEW BUSINESS: HEARING # CPA-07-432SS – RAFAEL J. AND GLADYS P. RIVERO

C/O CLIFFORD M. ABLES, III Approximately 6.5 acres located on the South side of Thunderbird Road at the intersection of Cougar, and abbreviated legal as follows: Approximately 6.5 acres located in Sec. 27, Twp. 34S, Rge. 28E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Medium Density Residential.)

1B) HEARING # P&Z 1903 - RAFAEL J. AND GLADYS P. RIVERO C/O CLIFFORD M. ABLES, III Legal description as stated above (Item #1A.) Request: A zoning change from AU (Agricultural) to R-1 (Residential District). Applicant desires to build single family homes.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Clifford Ables, III, representing Mr. & Mrs. Rivero, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to move to approve Hearing # CPA-07-432SS and Hearing # 1903 and the Ordinance and Resolution thereof. Commissioner Bates questioned what assurance they have that building will not occur until the environmental issues are taken care of. Mr. Polatty commented that they could make a condition in the motion in order to get that assurance. Commissioner Maxcy commented that this is irrelevant and they needed to move forward. Upon roll call, all Commissioners voted aye, except Commissioner Bates, who voted nay. Motion carried. See Comprehensive Plan Amendment 2007 file, Res. Book 21 Page 62 & Ordinance Book 12. 2A) HEARING # CPA-07-433SS – LARA GROUP, LLC. C/O RICK WHIDDEN

Approximately three (3) acres located on the west side of US 27, just South of the Reflections Mobile Home Park, and abbreviated legal as follows: Approximately three (3) acres located in Sec.33, Twp. 33S, Rge. 28E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Industrial).

2B) HEARING # P&Z 1904 – LARA GROUP, LLC. C/O RICK WHIDDEN Legal description as stated above (Item #2A.) Request: A zoning change from AU (Agricultural) to I-1 (Industrial District). Applicant desires to use the property for Heavy Equipment Sales, storage, repair and miscellaneous uses.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Rick Whidden, representing the applicant, presented the request and entered into the record the Lara Group Rezone Application Wetland Assessment. Motion by Commissioner Jackson, seconded by Commissioner Bates, in accordance with the P&Z recommendation, move to adopt by Ordinance CPA-07-433SS, amending the future land use map for 3 acres from Agriculture to Industrial; and to approve by Resolution P&Z 1904 amending the zoning atlas for 3 acres from AU (Agricultural) to I-1 (Industrial District) and transmitting CPA-07-433SS 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. Motion carried. See Comprehensive Plan Amendment 2007 file, Res. Book 21 Page 63 & Ordinance Book 12. 3A) HEARING # CPA-07-436SS – SUNSET AUTOMOTIVE INC. AND BELINDA BARAJAS

C/O RICK WHIDDEN Approximately 1 acre located on the Northeast corner of US 27 and Skipper Road, and abbreviated legal as follows: Approximately 1 acre located in Sec.22, Twp. 35S, Rge. 29E, Highlands County, Florida. Request: A small scale plan amendment from (Agriculture) to (Commercial).

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3B) HEARING # P&Z 1910 - SUNSET AUTOMOTIVE INC. AND BELINDA BARAJAS C/O RICK WHIDDEN Legal description as stated above (Item #3A.) Request: A zoning change from AU (Agricultural) to B-3 (Business District). Applicant desires to use for automobile sales and miscellaneous uses allowed in B-3 zoning.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Commissioner Bates questioned if the conditions were acceptable to the applicant. Rick Whidden, representing the applicant, stated yes. Motion by Commissioner Bates, seconded by Commissioner Jackson, in accordance with the P&Z recommendation, move to adopt by Ordinance CPA-07-436SS, amending the future land use map for 0.9 acres from Agriculture to Commercial; and to adopt by Resolution P&Z 1910, amending the zoning atlas for 0.9 acres from AU (Agricultural) to B-3 (Business District), referencing the mandatory findings and transmitting CPA-07-436SS to the Florida Department of Community Affairs for their compliance determination, and becoming effective as provided by law. The following conditions shall apply: 1. Vehicular access to the site shall be from Skipper Road only. No access to the 0.9 acre site shall be allowed from U.S.

27. 2. The applicant shall dedicate additional rights-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 Plan, at the time of development.

3. A traffic review will be required at the time of development. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file, Res. Book 21 Page 64 & Ordinance Book 12. . 4) HEARING # P&Z 1921 – SPRING LAKE GOLFVIEW, LLC C/O MICHAEL

WOODMAN, RHON ERNEST-JONES CONSULTING ENGINEERS (THIS ITEM WILL BE TABLED – NO DISCUSSION.) Approximately 34.5 acres in Village VII of Spring Lake Subdivision, and abbreviated legal as follows: Approximately 34.5 acres in located in Sec.15, Twp. 35S, Rge. 30E, Highlands County, Florida. Request: A zoning change from R-1 (Residential District) R-2 (Two-Family Dwelling District) and AU (Agricultural) to R-2 FUD (Two-Family Dwelling District with a Flexible Unit Development). Applicant desires to build duplexes/villas with clubhouse facilities.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Maxcy, to move to table this hearing until January 22, 2008 at 9:00 a.m. or soon thereafter as possible in the Board of County Commissioners Chambers. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file. 5) HEARING # P&Z 1925 – LUNKER CONSTRUCTION – C/O HUGH G. “SKIP” DENT

Approximately 1.5 acre parcel located on the west side of US 27, one-quarter mile South of Josephine Creek, and abbreviated legal as follows: Approximately 1.5 acre parcel located in Sec. 2 and 3, Twp. 36S, Rge. 29E, Highlands County, Florida. Request: A zoning change from I-2 (Industrial District) to B-3 (Business District). Applicant desires to construct a new commercial building.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve P&Z Hearing #1925. Upon roll call, all

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Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file & Res. Book 21 Page 65. 6) REVIEW OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) REPORT

FOR HIGHLANDS DCA NO. 07-2. 1.) Hearing #CPA-07-425LS – Robert R. Lucas and Carol Hutchinson – C/O Bert Tyler

Parsley – Approximately 15 acres locates West of River Greens Golf Course on the South side of Sunpure Road, and abbreviated legal as follows: Located in Sec. 4, Twp. 33S, Range. 28E, Highlands County, Florida: Request – A large scale plan amendment from (Agriculture) to (High Density Residential.)

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Maxcy, seconded by Commissioner Bates, move to approve CPA-07-425LS. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file & Ordinance Book 12. 2.) Hearing #CPA-07-426LS – Placid Estates LLC and Joseph and Shiny George – C/O

Boggs & Butcher Engineering, LLC – Approximately 35 acres located East of Cloverleaf Road at the East end of Pine Ridge Drive, North of Lake June, and abbreviated legal as follows: Located in Sec. 23, Twp. 36S, Range. 29E, Highlands County, Florida: Request – A large scale plan amendment from (Agriculture) to (Low Density Residential.)

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Dick Nichols, from Boggs & Butcher Engineering, representing the applicant, pointed out minor errors in the recommended conditions in the motion. Mr. Polatty commented that he would revise condition number “7”. Motion by Commissioner Bates, seconded by Commissioner Maxcy, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by Ordinance CPA-07-426LS amending the Future Land Use Map from (Agriculture) to (Low Density Residential) for approximately 35 acres, and amending FLU Policy 11.1 to add the conditions cited below, becoming effective as provided by law. Conditions pursuant to FLU Policy 11.1: Site Specific Developments

1. Central potable water and central wastewater services shall be provided by a public provider. 2. The property shall be considered as a single project for purposed of development review and approve under

County Codes. 3. The Applicant shall dedicate additional rights-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 at this time of development.

4. The development program shall be limited to a maximum of units. 5. A traffic study will be required using Highlands County approve methodology. 6. Effluent reuse lines shall be installed within the project by the developer unless the wastewater service

provider determines they are not required. 7. Agriculture water supply capacity in excess of that needed within the project shall be transferred to Highlands

County prior to land clearing and development in accordance with all Water Management District rules and regulations.

8. The development shall meet the County’s recreation LOS through one of the following options: a) Provide public parks on site, b) Make a payment in-lieu of dedication of park land (with the approval of the County Commission), c) Dedicate park land to the County (with the approval of the County Commission).

Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file & Ordinance Book 12.

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3.) Text Amendments – CPA-07-439LS (North Sebring Area Plan Policies). A policy plan for approximately 1714 acres, providing a policy format for the committed and the remaining uncommitted acreage in the North Sebring area under FLU OBJECTIVE 12: SPECIFIC AREA PLANS.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Maxcy, seconded by Commissioner Jackson, in accordance with the P&Z’s and BCC’s decisions, move to approve and adopt by Ordinance CPA-07-439LS amending the Future Land Use Element, to function as a policy guide for Future Land Use Amendments within the North Sebring Area, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file & Ordinance Book 12. 4.) Hearing # CPA-07-440LS (Highway Park Area Plan Policies). A policy plan for

approximately 195 acres by the Highway Park Preservation and Enhancement District Council, to provide sustainable program for the future growth of the Highway Park community under FLU OBJECTIVE 12: SPECIFIC AREA PLANS.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Bates, seconded by Commissioner Jackson, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by Ordinance CPA-07-440LS amending the Future Land Use Element, to function as a policy guide for Future Land Use Amendments within the Highway Park Area, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file & Ordinance Book 12. 5.) Hearing #CPA-07-442LS (Schools in High Density Residential Areas). An amendment to

FLU Policy 1.3.E.4. of the Future Land Use Text by adding, as allowable uses in the High Density Residential land use designation, public, private and parochial schools, colleges and universities, vocational and trade schools.

Jim Polatty, Development Services Director, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Motion by Commissioner Jackson, seconded by Commissioner Bates, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by Ordinance CPA-07-442LS amending FLU Policy 1.3.E.4 of the Future Land Use Element, becoming effective as provided by law. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan Amendment 2007 file & Ordinance Book 12. 6.) Hearing #CPA-07-441LS (Greater Lake Placid Area Vision Plan). The County

incorporated the Vision Plan for the Greater Lake Placid Area, prepared by the Lake Placid Growth Management Committee, as the County’s Vision for the incorporated lands and submitted as a vision, with promulgated policies, separate from the s.163.3177, F.S. process.

Jim Polatty, Development Services Director, & Don Hanna, of the Planning Department, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Ray Royce, Chairman of Lake Placid Growth Management Committee, presented the request. Bert Harris, Attorney for the Town of Lake Placid, commented on some revisions to the Greater Lake Placid Urban Services Area Plan Goals, Objectives and Policies. Ross Macbeth, Board Attorney, commented that he would like to add additional language to Policy B6 which would require a new item “G”. Attorney Macbeth commented that he didn’t agree with the revision to Goal 5, Objective A. Attorney Harris commented on revisions to Goal 6, Policy A1 and A2. Mr. Polatty commented on the revisions to Policy A2 in Goal 6. Richard Woodruff, from Wilson Miller, commented that the property

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owners in the agricultural areas of the Lake Placid Urban Service Boundary have committed that they will raise and donate the necessary monies to accomplish the study and the study is estimated to be between $80,000.00 - $100,000.00. Carl Cool, County Administration, raised an area of concern in the language in Goal 6, Policy A2. Mr. Woodruff commented that they may want to reword the language from 18 months instead of one year. Mr. Cool commented that he would feel more comfortable to 18 months instead of one year. Mr. Woodruff commented that they would accept that change. Attorney Macbeth raised other areas of concerns to the language in Goal 6, Policy A2 and revised the language. Attorney Harris concurred with the revision. Ramon Gavarrete, County Engineer, commented on his concerns in the language in Goal 1, Policy A5. Commissioner Jackson commented that he wants to go on record that he is opposed to forced annexation. Debra Worley, Council Member of the Town of Lake Placid, requested the support of the Commission. Attorney Macbeth commented that he would like to suggest that they delete Policy A7. Attorney Harris commented that he is not agreeable. Attorney Macbeth explained to the Board what the Town of Lake Placid is requesting. Commissioner Maxcy questioned if a study would provide any light to this issue. Attorney Macbeth addressed his question. Mr. Cool commented on the importance of adopting something today. Public input was received from John Tallent. Break 12:00 p.m. – 12:15 p.m. Public input was received from Pam Fentress who spoke in support of the Urban Service Boundary. Motion by Commissioner Bates, seconded by Commissioner Maxcy, in accordance with the P&Z’s and BCC’s previous decisions, move to approve and adopt by Ordinance CPA-07-441LS amending the Future Land Use Element by creating Future Land Use Element Objective 14, becoming effective as provided by law, with the understanding that the changes that have been discussed today are included in this Resolution and this is, of course, dependant on P&Z’s approval. Commissioner Maxcy questioned if he is leaving Policy A5 (forced annexation). Commissioner Bates stated yes. Commissioner Maxcy commented that he will second the motion for discussion. Attorney Harris proposed additional language to be added in 1.6 in the Growth Management Committee Report. Commissioner Maxcy questioned if the motion maker accepts the language change that Mr. Harris made. Commissioner Bates stated yes. Commissioner Maxcy questioned if this could affect the economics of the Placid Utility Plant. Attorney Macbeth stated yes. Commissioner Jackson commented that he is not in support of this motion. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who voted nay. Motion carried. See Comprehensive Plan Amendment 2007 file & Ordinance Book 12. 7. Adoption of Ordinance Amending Chapter 9 of the Code of Ordinances Highlands

County, Florida, by adding thereto a new article XII establishing the Thunderbird Road Wastewater Special Benefit District; providing definitions; providing for organization; providing for powers; providing for assessments; providing for foreclosure of liens; providing for Advisory Committees; providing for reimbursement of county; providing for severability; and providing for an effective date.

Carl Cool, County Administrator, presented the request. Proof of Publication has been provided to the Clerk to become part of the permanent record. Ross Macbeth, Board Attorney, read the caption of the Ordinance into the record and presented the request to the Commission. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve the Ordinance. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 62 Page 25 & Ordinance Book 12.

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8. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Jackson, to move to approve the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.

A. Development Services Director: Request approval to revise large scale plan amendment public hearing dates.

Jim Polatty, Development Services Director, presented the request. Motion by Commissioner Bates, seconded by Commissioner Jackson, to move to approve changing the Large Scale Plan Amendment public hearing dates from June to July 2008, and January to February 2009. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 62 Page 26.

B. Human Resources Director: Request approval of the Tourism Director job description revised by Human Resources effective December 18, 2007.

John Minor, Human Resources Director, presented the request. Motion by Commissioner Jackson, seconded by Commissioner Bates, move approval of this job description. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 62 Page 27.

C. Board Attorney: No report.

D. County Administrator: Request approval of budget amendment 07-08-042 decreasing fund 151 Reserve for Contingency for improvements to the Animal Control facility.

Carl Cool, County Administrator, presented the request. Motion by Commissioner Maxcy, seconded by Commissioner Bates, to move to approve budget amendment 07-08-042. Upon roll call, all Commissioners voted aye. Motion carried. See Budget Amendment 2007 file & SMB 62 Page 28. 9. CITIZENS NOT ON THE AGENDA No participants. 10. COMMISSIONERS:

Commissioner Bates: No report. Commissioner Maxcy: Commissioner Maxcy commented that he would like the Commission

to discuss the density formula to be used for the Sun’n Lakes of Sebring voting procedures. Ross Macbeth, Board Attorney, commented that the Board of County Commissioners does not have a role in making a decision on that issue.

Commissioner Jackson: No report. Commissioner Stokes: Commissioner Stokes commented on the list of the County

Administrator Search Committee. Commissioner Jackson commented that he would like to add Tommy Todd on the list to be a part of the search committee. Commissioner Bates commented that he would like to add John Shoop. Commissioner Stokes commented that this would be discussed further on January 2, 2008. See SMB 62 Page 29.

11. ADJOURN: The meeting adjourned at 1:00 p.m.

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